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HomeMy WebLinkAbout2012 08-07 CC HA ADJ AGENDA PKTAgenda Of An Adjourned Regular Meeting — National City City Council/Community Development Commission - Housing Authority of the City of National City Council Chambers 1243 National City Boulevard National City, California Adjourned Regular Meeting — Tuesday — August 7, 2012 — 5:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council of the City of National City to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council of the City of National City to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council of the City of National City action must be brought back on a subsequent Council of the City of National City Agenda unless they are of a demonstrated emergency or urgent nature. 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 Council Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espanal se proporciona durante sesiones del Consejo Municipal. Los audidfonos 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 National City City Council /Community Development Commission/Housing Authority CITY COUNCIL PRESENTATIONS 08/07/12 - Page 2 1. Introduction of the new Sweetwater Union High School Student Council Representatives. (Council initiated) 2. Miss National City 2011 Marisela Guevara and Miss National City Princess 2011 Ileana Avalos will say their farewells. (Council initiated) INTERVIEWS/APPOINTMENTS 3. Interviews and Appointments: Civil Service Commission and Planning Commission. (City Clerk) CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar 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 the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 4. Approval of the Minutes of; The Adjourned Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of January 31, 2012; The Adjourned Regular Meeting of the National City City Council / Successor Agency to the Community Development Commission as the National City Redevelopment Commission of February 4, 2012; The Regular Meeting of the National City City Council / Successor Agency to the Community Development Commission as the National City Redevelopment Commission of March 6, 2012; The Special Meeting of the National City City Council and Community Development Commission — Housing Authority of July 10, 2012; and the Regular Meeting of the National City City Council and Community Development Commission — Housing Authority of July 17, 2012. (City Clerk) National City City Council /Community Development Commission/Housing Authority 08/07/12 - Page 3 CONSENT CALENDAR (cont.) 5. Resolution of the City Council of the City of National City authorizing installation of a blue curb handicap parking space in front of 321 Civic Center Drive. (Requested by P. Medina) (Traffic Safety Committee Item No. 2012-13). Development Services/Engineering) 6. Resolution of the City Council of the City of National City authorizing installation of a blue curb handicap parking space in front of 917 E. 6th Street (Requested by G. Guerrero). (Traffic Safety Committee Item No. 2012-14) (Development Services/Engineering) 7. Resolution of the City Council of the City of National City authorizing installation of "Keep Clear" pavement markings on eastbound Plaza Boulevard in front of the driveway to Bellus Academy located at 1520 E. Plaza Boulevard to improve ingress and egress. (Requested by B. Quick) (Traffic Safety Committee Item No. 2012-15). (Development Services/Engineering) 8. Resolution of the City Council of the City of National City authorizing access restrictions from Plaza Boulevard onto Lantana Drive to enhance safety and reduce "cut -through" traffic. (Requested by J. Reynoso) (Traffic Safety Committee Item No. 2012-16) (Development Services/Engineering) 9. Resolution of the City Council of the City of National City authorizing red curb "No Parking" at the intersection of "Q" Avenue and E. 16th Street to improve sight distance. (Requested by City Engineering on behalf of National City Residents) (Traffic Safety Committee Item No. 2012-17) (Development Services/Engineering) 10. Resolution of the City Council of the City of National City authorizing installation of red curb "No Parking" on the 1700 block of "L" Avenue to improve sight distance at the alley. (Requested by J. Peters) (Traffic Safety Committee Item No. 2012-18) (Development Services/Engineering) National City City Council /Community Development Commission/Housing Authority 08/07/12 - Page 4 CONSENT CALENDAR (cont.) 11. Resolution of the City Council of the City of National City authorizing installation of 20 feet of red curb "No Parking" at the bus stop on westbound E. 8th Street, west of Highland Avenue to provide clearance from a private driveway located next to 725 E. 8th Street. (Requested by J. Codling, Metropolitan Transit System (MTS) (Traffic Safety Committee Item No. 2012-19) (Development Services/Engineering) 12. Resolution of the City Council of the City of National City authorizing bus stop relocations on E. 8th Street between "B" Avenue and "F" Avenue to reduce parking impacts to local businesses and enhance safety and access for transit users. (Requested by City Engineering on behalf of local business owners) (TSC Item No. 2012-20) (Development Services/Engineering) 13. Resolution of the City Council of the City of National City accepting an easement for construction of a retaining wall to enhance visibility at the driveway for 1141 E. 8th Street from Loretta C. Butz and authorizing the recordation of a Slope and Wall Easement across Lot 4 of Block 5 of Map 615, Parcel Number 556-417-05. (Development Services/Engineering) 14. Resolution of the City Council of the City of National City accepting an easement for construction of a retaining wall to enhance visibility at the driveway for 1131 E. 8th Street from Ronald T. and Guadalupe G. Anderson and authorizing the recordation of a Slope and Wall Easement across Lot 4 of Block 5 of Map 615, Parcel Number 556-417-06. (Development Services/Engineering) 15. Resolution of the City Council of the City of National City accepting and authorizing the Mayor to sign an Encroachment Agreement with Norman C. Sutter for the installation and continued maintenance of an awning at 2813 to 2821 Highland Avenue. (Development Services/Engineering) 16. Resolution of the City Council of the City of National City authorizing the purchase and build -out of one (1) 2012 Ford Econoline turn -key surveillance van in the amount of $145,284.25 and waiving the formal bid process per Section 12 of Purchasing Ordinance #1480, and Chapters 2.60.220 (d) and 2.60.260 of the Municipal Code, and authorize the City (Buyer) to piggyback on the County of Blount, Tennessee's Bid #2010-2119, and award the purchase and build -out from AEP California, LLC. (Police) National City City Council /Community Development Commission/Housing Authority 08/07/12 - Page 5 CONSENT CALENDAR (cont.) 17. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Agreement with Day Wireless Systems in the amount not to exceed $52,189.00 to provide maintenance, service and installation of the City's radio communications equipment, maintain infrastructure for mobile and portable radios, on call services and other projects as needed. (Police) 18. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Grant Assurances for the FY11 State Homeland Security Grant Program for the purchase of equipment, training, exercises, and planning for Police and Fire personnel. (Fire) 19. Resolution of the City Council of the City of National City authorizing funds in the amount of $64,291 for the reimbursement grant purchase of equipment for the Police and Fire Departments from the FY11 State Homeland Security Grant Program. (Fire). 20. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Memorandum of Understanding between the City of San Diego Office of Homeland Security and the City of National City regarding FY11 Urban Area Security Initiative (UASI) grant funding for equipment and training needed for disaster preparedness. (Fire) 21. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Blue Violet Networks in the amount of $64,717 and authorize a 15% contingency in the amount of $9,708 to implement a Network Video Management System and replace four public safety cameras. (Administrative Services) 22. Temporary Use Permit — 11th Annual 9/11 Remembrance Ceremony hosted by the National City Fire Department at 343 E. 16th Street on September 11, 2012 from 6:00 a.m. to 10:00 a.m. This is a City -sponsored event. (Neighborhood Services) 23. National City Sales Tax Update — Fourth Quarter 2011. (Finance) National City City Council /Community Development Commission/Housing Authority 08/07/12 - Page 6 CONSENT CALENDAR (cont.) 24. WARRANT REGISTER #1 Warrant Register #1 for the period of 06/27/12 through 07/03/12 in the amount of $1,467,151.08. (Finance) 25. WARRANT REGISTER #2 Warrant Register #2 for the period of 07/04/12 through 07/10/12 in the amount of $992,306.30. (Finance) NEW BUSINESS 26. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a restaurant equipment auction located at 3039 Hoover Avenue. (Applicant: Bruce Wolski) (Case File 2012-14 CUP) (Planning) 27. Notice of Decision — Planning Commission approval of a Conditional Use Permit for title loan service at an existing payday advance business located at 925 East Plaza Blvd., Ste. H. (Applicant: Shellie Hawkins — Check Into Cash) (Case File 2012-09 CUP). (Planning) 28. City Council review of League of California Cities 2012 Annual Conference Resolutions. (City Manager) COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY 29. Report and a request to approve a "Smoke -Free Policy" at the Kimball Tower and Morgan Tower located at 1317 D Avenue and 1415 D Avenue. (Housing and Grants) National City City Council /Community Development Commission/Housing Authority 08/07/12 - Page 7 STAFF REPORTS 30. Update on Neighborhood Services Code Enforcement and Parking Regulations staffing. (Neighborhood Services) 31. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL 32. Report on Employee Picnic at Pepper Park. (Council initiated) ADJOURNMENT Adjourned Regular City Council/Community Development/Housing Authority of the City of National City Meeting — Tuesday — August 14, 2012 — 6:00 p.m. — and the Regular City Council/Community Development/Housing Authority of the City of National City Meeting - Council Chambers — National City, California. COPIES OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcitvca.aov ITEM #1 8/7/12 INTRODUCTION OF THE NEW SWEETWATER UNION HIGH SCHOOL STUDENT COUNCIL REPRESENTATIVES (COUNCIL INITIATED) ITEM #2 8/7/12 MISS NATIONAL CITY 2011 MARISELA GUEVARA AND MISS NATIONAL CITY PRINCESS 2011 ILEANA AVALOS WILL SAY THEIR FAREWELLS (COUNCIL INITIATED) CITY 0 F NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE August 7, 2012 AGENDA ITEM NO. 3 ITEM TITLE Interviews and Appointments: Civil Service Commission and Planning Commission PREPARED BY Michael R. Dalla EXPLANATION DEPARTMENT City Clerk 0 There is one expired term on the Civil Service Commission. Three applicants have been interviewed and are eligible for appointment (Natalie Limbaga, Fred Puhn and Richard Wingfield). The terms of two (2) Planning Commissioners (Al Alvarado and George Baca) expired on March 31, 2012. Both have requested re -appointment. Two (2) additional applicants have been interviewed and are eligible for appointment (Natalie Limbaga and Richard Wingfield). Environmental Review X N/A Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION Take action to re -appoint or appoint. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Applications of new applicants. A-200 (9/99) CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES ../ Civil Service Commission Planning Commission t/ Community & Police Relations Commission* (CPRC) Public Art Committee* /Library Board of Trustees , # VTraffic Safety Committee efiftElts, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: 0-4 a,) i C, IAAA. �{-�'� t_1 vn to 42 Home Address: t,4 t r Di St-, Tel. No. �p/ — Jg'7.-�,3 3 Business Affiliation: Title: Business Address: Tel. No.: Length of Residence in National City: / San Diego County: I T California: Educational Background: $ JJS .et r_ { / 7 14y.t• ouH S��i n /YI Cdv` .e..-( ; ecut,. Occupational Experience: C..c K. S t- I vn S c C. t c rE 'IL.,oC a" c ,c ,� /71 it4.6d Professional or Technical Organization Memberships: es A. f -- 0a _t cP ni d Civic or Community Experience, Membership, or Previous Public Service Appointments: Ct tc-tloNa. I °Li# Experience or Special Knowledge Pertaining to Area of Interest: Have you ever been convicted of a felony crime? No:_ Yes:j/misdemeanor crime? No: Yes: ri 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. tot ct S - t� e,t a..0t ov..e }%ie.t f n,,, *Art' 1�q?- Th..I 4 iJr— Date: "7- /'7 / 2_ Signature: ,� ` �� Please feel free to provide addition I 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 Disqualifying Criteria for National City Community and Police Relations Commission Felonies Lifetime 20 15 years 10 5 years years years Crimes against Persons *including but not limited to Assault & Battery x Domestic Violence x Elder/Child Abuse x Manslaughter x Murder x Sexual Acts w/ Minor x Rape x Crimes against Property *including but not limited to Arson x Burglary x Embezzlement x Extortion x r 'j t e.ec_ Q t/G✓' i Fraud , x PODS— Forgery & Counterfeiting x Possession of stolen property x Theft x Crimes involving Drugs *including but not limited to cite Illegal Drug Use x Possession or Sales x Production of Drugs x Crimes against Public Justice Bribery & Corruption x Impersonating a Peace Officer x Misdemeanors Lifetime 20 years 15 10 years 5 years years Crimes of Moral Turpitude *including but not limited to Burglary x Embezzlement x Forgery x Fraud x Possession of stolen property x T Theft x Crimes involving Drugs or Alcohol *including but not limited to Lifetime 20 15 10 5 years years years years D Disorderly Conduct x /4 4, .,,td Pf 01-Ai[4,v Under the Influence x ��u_rts.( — (Q d/'7 Unlawful Possession x Crimes agains er ns *including but not limited to A Assault & Battery x Manslaughter x Name: CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES X Civil Service Commission Planning Commission _ Community & Police Relations Commission* (CPRC) Public Art Committee* _ Library Board of Trustees _ Traffic Safety Committee _ Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. F'RCD PvIAN Home Address: 4 Z S S FfC LL AV f Nam(a)hL Cal' ' Tel. No.: (GI `?) Business Affiliation: EN ERA L NATO F'1 t CS Title: SR ,Tectr(rN CAL AD1i'tSd F Business Address: 3550 GEN£RA� AToM (CS C T , [c9$ 8) 4-5S—¢G 8 E Tel. No.: � At.) D te'c-O, C &s 9 at z t -- t 12 2. Length of Residence in National City: 45" YtzS San Diego County: 68 YZSCalifornia: YRS Educational Background: 0 5, 6-15 Mech4A0tCPrt. S# O c.-o 57-Kra CAA vg42,5 -r7 Occupational Experience: O(rnY 2 5 L t-mooFFc-oR( G , (tJ1•31VTio NAL Ct7? .i .-fNEBl l to AMU HOT( vk kr2CPAce 38 Yt::A23 ATGewmac.. Aral tl Professional or Technical Organization Memberships: 113EaJ -- `j f S Rt-�--r 4 N Na l-5 Civic or Community Experience, Membership, or Previous Public Service Appointments: MAiOa- WATERS S 'j Qt ADVts'OE1 Co-fN(77rzj AUZo Stu(A,CoNr rrae or Special Knowledge Pertaining to Area of Interest: (�102fCeD c GoUERti' i rCogazAcrs, MACRG _D uP To /Ztt efs4P oY.F:£S Have you ever been convicted of a felony crime? No:X Yes:_ misdemeanor crime? No:X 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: 4'/, SA 2- 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 y 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 questions. f t io✓Ne.., A - k1 M oc c n. t wn-n4 i t -& -C;. (uvi.I.! ter&w./ etn., et, 4,1 1 q 71 /` c �h 1 1'+� 4-o CC/ n e Id c I) (J-�{_ f d k c.J (Li c }-v on , QS 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 3 FREDERICK A. PMHN GENERAL ATOMICS - SENIOR TECHNICAL ADVISOR - MECHANICAL ENGINEERING QUALIFICATIONS • Over 38 years at GA with key technical and technical management assignments • Expert on high -power electromechanical system design and construction • Over 25 years experience on Fusion magnetic confinement systems at GA and ITER EDUCATION • M.S., Mechanical Engineering, San Diego State University, 1983 • B.S., Mechanical Engineering, San Diego State University, 1961 • Registered Professional Mechanical Engineer, California EXPERIENCE General Atomics • Currently managing design of manufacturing tooling for the ITER central solenoid turn insulation station. • Led engineering of high speed generator for use in advanced nuclear powerplants. • Served on `Tiger Team' to solve manufacturing problems in thin film production facility. • Managed design of a superconducting homopolar motor for ship propulsion with low acoustic signature. • Manager, Mechanical Engineering and Design, Lynx Systems Group. Led successful development of a laboratory Synthetic Aperture radar system into a qualified production system for the military. • Senior Technical Advisor, Electromagnetic Systems Division. Performed definitive trade study on Urban Maglev system to select the propulsion concept. Led tooling design, assembly procedures and assembly of prototype power inverters for EMALS. Led engineering of EMALS Cable Disconnect Unit. • Chief Mechanical Engineer for Power Conversion Systems Division. Led mechanical engineering of electric hybrid propulsion system for Unit Rig MT-5500 3000 hp mining trucks, and mechanical systems for Auxiliary Power Supply Equipment used on BART trains. • Division Head, Design Integration, ITER, seconded to Joint Central Team. Assembled international staff to integrate overall ITER systems design, and manage a $50M R&D program. Responsible for conceptual design of assembly process and handling tooling to assemble the massive components of the tokamak. • Manager of New Concepts Division. Led engineering of advanced confinement concepts for Fusion Division. Managed IR&D projects for Fusion Division. Developed new concept for bend -tolerant high -temperature superconducting wire, participated in development, and was issued a patent. • Project Manager for Compact Ignition Tokamak vacuum vessel design, on contract from DOE. • Manager of DIII-D Mechanical Engineering and Design, an organization of 125 people. Managed engineering of DIII-D Tokamak upgrade; TFTR in -vessel components, and support of DIII operations. • Manager of Engineering for OHTE fusion experiment. Led overall engineering of new fusion device. • Managed engineering and construction of Doublet III, at the time the world's largest Tokamak. Developed innovative concepts including the hollow -wall vacuum vessel and the constant -tension demountable toroidal magnet. Responsible for design of tooling for large magnet on -site fabrication and assembly. Other Professional Experience • President and CEO of Chassis Engineering, Inc. Designed and manufactured high-performance automotive products and fiber reinforced composite products. Designed and fabricated production tooling for racing wheels, state-of-the-art racing automobiles, and reinforced composite architectural products. • Structural analyst and design engineer in aerospace industry on civilian and military programs. Worked on Atlas/Centaur/Surveyor, Lockheed L-1011, P3C, F-104, Titan missile, and advanced helicopters. • Chief Engineer, Santee Automobiles Inc. Responsible for design of new automobile and production tooling. OTHER EXPERIENCE/QUALIFICATIONS • Co -recipient of 1990 ANS Fusion Outstanding Technical Accomplishment Award for engineering on the DIII-D Tokamak. • Served on numerous technical review panels for the DOE Office of Fusion Energy. 5 x Planning Commission Public Art Committee* .t Traffic Safety Committee 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 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES x Civil Service Commission >C Community & Police Relations Commission* (CPRC) Library Board of Trustees se_ Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: "�IGK42r bk-)i N(,F7FLT) Home Address: Z (410 0 Air Business Affiliation: $V0 ruE Title: Tel. No.: t LCt- ?35 - LIN9 Business Address: Tel. No.: Length of Residence in National City: 3yRS San Diego County: California: yy24, Educational Background: Hlc,t4 ScNooL D 'Lo'v4 t 6001- cALLE&E FD( 5 Tou>4eDS A S vN (-)t;a(>EAPHU Occupational�7Experience: /b yR5 ► 1iJT R 3vrC5 SERVE�2 j 7ylcs A)AUY eSCur; Swim.rv‘Lt./CFZ6w LI-11EP- Professional or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous Public Service Appointments: voLutuTE812.: >rA2NN PARADD(Se C2- AvvENT) CITY COu0 0L /V)Erl-IAi 5 Apt TSOAt_1) vAtL-r(M./ , cu U rtETLY WOvDCAT1gol, FUR PA,2i+titeed'u6 •t7T Experience or Special Knowledge Pertaining to Area of Interest: €1PCRvlsve- (-xPflZie.r-)c-E ion THE ' Have you ever been convicted of a felony crime? No:jYes:_ misdemeanor crime? No:K 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: IAA r ZZ, 70 ( Z Signature: CD Please feel free to provide additional information or letters of endorsemeillt. z r— Revised: March 2012 6 Disaualifvinn Criteria for National City Community and Police Relations Commission Felonies Lifetime 20 vears 15 years_ 10 5 years years_ Crimes against Persons *including but not limited to Assault & Battery x Domestic Violence x Elder/Child Abuse x Manslaughter .' x Murder x Sexual Acts w/ Minor x Rape x Crimes against Property *including but not limited to Arson x Burglary x Embezzlement x Extortion x Fraud x Forgery & Counterfeiting x Possession of stolen property x Theft x Crimes involving Drugs *including but not limited to Illegal Drug Use x Possession or Sales x Production of Drugs x Crimes against Public Justice Bribery & Corruption x Impersonating a Peace Officer x Misdemeanors Lifetime 20 15 years 10 5 years years years Crimes of Moral Turpitude *including but not limited to Burglary x Embezzlement x Forgery x Fraud x Possession of stolen property x Theft x Crimes involving Drugs or Alcohol *including butnot limited to Lifetime 20 15 years 10 5 years years years Disorderly Conduct x Under the Influence x Unlawful Possession x Crimes against Persons *including but not limited to Assault & Battery x Manslaughter x Supplemental Application: National City Community and Police Relations Commission The National City Community and Police Relations Commission serves as an independent, unbiased and impartial office that is readily available to the public. It is an organization for the improvement of police and community relations and the facilitation of disputes whenever possible. It provides a forum for citizens to voice their concems, comment about police conduct, practices and policies and improves communication between citizens and the National City Police Department The National City Community and Police Relations Commission is empowered to receive and review complaints regarding National City Police Department Personnel for alleged misconduct, and to recommend appropriate changes of Police Department policies and 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: JL Yes: _ Have you been convicted of a misdemeanor: No: >4- 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 ITEM #4 8/7/12 APPROVAL OF THE MINUTES OF; THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF JANUARY 31, 2012; THE ADJOURNED REGULAR MEETING OF THE NATIONAL CITY CITY COUNCIL / SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT COMMISSION OF FEBRUARY 4, 2012; THE REGULAR MEETING OF THE NATIONAL CITY CITY COUNCIL / SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT COMMISSION OF MARCH 6, 2012; THE SPECIAL MEETING OF THE NATIONAL CITY CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF JULY 10, 2012; AND THE REGULAR MEETING OF THE NATIONAL CITY CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF JULY 17, 2012 (CITY CLERK) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 7, 2012 AGENDA ITEM NO. 5 ITEM TITLE: Resolution of the City Council of the City of National City authorizing installation of a blue curb handicap parking space in front of 321 Civic Center Drive (Requested by P. Medina). (TSC Item No. 2012-13). PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Development Services / APPROVED BY: Engineering 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: At their meeting on July 11, 2012 the Traffic Safety Committee approved the staff recommendation to install a blue curb handicap parking space with sign in front of the residence at 321 Civic Center Drive. ATTACHMENTS: I. Explanation 2. Resolution 3. Staff Report to the Traffic Safety Committee (July 11, 2012) Explanation: Mrs. Perla Medina, resident of 321 Civic Center Drive, has requested a blue curb handicap parking space in front of her home. Mrs. Medina has difficulty walking long distances due to problems with her knees. According to Mrs. Medina, businesses on the block typically take up most of the parking nearby her home. Staff completed a site evaluation and determined that there is no "accessible" parking on the property. There is a blue curb handicap parking space in front of 325 Civic Center Drive. However, that space is typically occupied by the resident of 325 Civic Center Drive who is also disabled. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. One of the general requirements of the Disabled Persons Parking Policy is that the total number of on -street handicap parking spaces does not exceed 3% of the total number of available on -street parking spaces in the area. Staff performed a parking survey for the area identified in the attached exhibit, which includes an inventory of all available on -street parking within two blocks of 321 Civic Center Drive. The study area limits include W. 12th Street to the north, W. 14th Street to the south, Hoover Avenue to the east and Wilson Avenue to the west. The survey indicates that there are 281 available on -street parking spaces, two of which are handicap parking. If an additional handicap parking space is approved for 321 Civic Center Drive, the total number of on -street handicap parking would only equal 1.1 % of the total available on -street parking in the area, which is well below the 3% threshold. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. It shall be noted that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in handicap spaces. Twenty-four residents and property owners were mailed invitations to the Traffic Safety Committee Meeting where this item was discussed. These same residents and property owners were notified that this item was approved by the Traffic Safety Committee and would be presented to the City Council at their meeting of August 7, 2012. TSC 2012-13 STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, and the total number of on -street handicap parking spaces would not exceed 3% of the total available on -street parking spaces in the area, staff recommends installation of a blue curb handicap parking space with sign in front of the residence at 321 Civic Center Drive. All work will be completed by City Public Works. TSC 2012-13 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH A SIGN IN FRONT OF THE RESIDENCE AT 321 CIVIC CENTER DRIVE WHEREAS, a resident with a valid Disabled Person Placard from the State of California Department of Motor Vehicles, has requested the installation of a blue curb handicap parking space in front of her home at 321 Civic Center Drive; and WHEREAS, after conducting an inspection and review, staff determined that all conditions have been met for the property to qualify for a blue curb handicap parking space; and WHEREAS, the Traffic Safety Committee approved staff's recommendation at its July 11, 2012 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of a blue curb handicap parking space with a sign in front of the residence at 321 Civic Center Drive. PASSED and ADOPTED this 7th day of August, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 11, 2012 ITEM TITLE: 2 REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 321 CIVIC CENTER DRIVE (BY P. MEDINA) PREPARED BY: Stephen Manganiello, City Engineer DISCUSSION: Mrs. Perla Medina, resident of 321 Civic Center Drive, has requested a blue curb handicap parking space in front of her home. Mrs. Medina has difficulty walking long distances due to problems with her knees. According to Mrs. Medina, businesses on the block typically take up most of the parking nearby her home. Staff completed a site evaluation and determined that there is no "accessible" parking on the property. There is a blue curb handicap parking space in front of 325 Civic Center Drive. However, that space is typically occupied by the resident of 325 Civic Center Drive who is also disabled. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. One of the general requirements of the Disabled Persons Parking Policy is that the total number of on -street handicap parking spaces does not exceed 3% of the total number of available on -street parking spaces in the area. Staff performed a parking survey for the area identified in the attached exhibit, which includes an inventory of all available on -street parking within two blocks of 321 Civic Center Drive. The study area limits include W. 12th Street to the north, W. 14th Street to the south, Hoover Avenue to the east and Wilson Avenue to the west. The survey indicates that there are 281 available on -street parking spaces, two of which are handicap parking. If an additional handicap parking space is approved for 321 Civic Center Drive, the total number of on -street handicap parking would only equal 1.1% of the total available on -street parking in the area, which is well below the 3% threshold. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. It shall be noted that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in handicap spaces. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, and the total number of on -street handicap parking spaces would not exceed 3% of the total available on -street parking spaces in the area, staff recommends installation of a blue curb handicap parking space with sign in front of the residence at 321 Civic Center Drive. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 4. Disabled Persons Parking Policy 2012-13 Perla R. Medina 321 Civic Center Drive National City, CA. 91950 (619) 474-7463 io-. P- a 9 iC ? { ,E-\ Jo: o 3 To The City Engineer and the Traffic Safety Committee, My name is Perla R Medina. I've been a resident at the above address for over 40 years. I want to bring to your attention the following issue: Parking at my home has become so difficult due to the employees of the surrounding businesses taking up my space that .I feel that I must put in a request for a parking space that is designated by a sign that allows only those that posses a sticker on their vehicle to park in such a space. I am elderly and I feel that cannot go through a game of "musical chairs" with the businesses on c1/5` my block any longer. I am a resident and a voter. I / only ask for a designated space for my 2 small /f ltA JY vehicles. /p k�Please contact me so that we may discuss this matter Thank you Perla R. Medina ---ate 01///.5 �o ro /7aV/�/Ns S �c/(e% /23 g/V/6 ..vr.)- is t.;vq ete44" /•:'/ C • • iae cA, A Public Service Agency ***CUSTOMER RECEIPT COPY*** *** D I S A B L E D PLACARD NUMBER: A164619 MEDINA PERLA R 321 CIVIC CENTER DR NATIONAL CITY CA 91950 CO: 37 EXPIRES: 06/30/2013 PERSON PLACARD*** PIC: 1 TV: 91 DATE ISSUED: MO/YR: DT FEES RECVD: AMT DUE : NONE AMT.RECVD - CASH : - CHCK : - CRDT : E10 613 32 0000000 0013 CS E10 013111 N1 A164619 DEPARTMENT OF MOTOR VEHICLES PLACARD IDENTIFICATION CARD THISIDENTIFICATION CARD OR FACSIMILE COPY IS TO BE CARRIED BY THE PLACARD owNgpri,,T,gusENT IT TO ANY PEACE OFFICER UPON DEMAND. IMMEDIATELY NOTIFY DMV BY _'iEK'?R'`1MAIL OF ANY CHANGE OF ADDRESS. WHEN PARKING, HANG THE PLACARD W ic'F ,Fic AWVIEW MIRROR. REMOVE IT WHEN DRIVING. PLACARD#: EXPIRES: DOB: ISSUED: TYPE: A164619 PLACARD HOLDER: MEDINA PERLA R 06/30/2013 321 CIVIC CENTER DR 10/04/1934 01/31/11 N1 NATIONAL CITY CA 91950 PURCHASE OF FUEL (BUSINESS & PROFESSIONS CODE 13660): STATE LAW REQUIRES SERVICE STATIONS TO REFUEL A DISABLED PERSON'S VEHICLE AT SELF-SERVICE RATES, EXCEPT SELF-SERVICE FACILITIES WITH ONLY ONE CASHIER. WHEN YOUR PLACARD IS PROPERLY;; DISPLAYED, YOU MAY PARK IN/ON: *DISABLED PERSON PARKING SPACES (BLUE ZONES:) *METERED ZONES WITHOUT PAYING *GREEN ZONES WITHOUT RESTRICTIONS TO TIME LIMITS *STREETS WHERE PREFERENTIAL PARKING PRIVILEGES ARE GIVEN TO RESIDENTS AND MERCHANTS. YOU MAY NOT PARK IN/ON: *RFDZONES *TOW'.AWAY.ZONES *WHITE OR YELLOW ZONES *SPACES MARKED BY CROSSHATC1 LINES NEXT TODISABLED PERSON PARKING SPACES. IT IS CONSIDERED MISUSE: *TO DISPLAY A PLACARD UNLESS THE DISABLED OWNER IS BEING TRANSPORTED *TO DISPLAY A PLACARD WHICH HAS BEEN CANCELLED OR REVOKED *TO LOAN YOUR PLACARD TO ANYONE,' INCLUDING FAMILY MEMBERS. MISUSE IS A MISDEMEANOR (SECTION 4461VC) AND CAN RESULT IN CANCELLATION OR REVOCATION OF THE PLACARD. 1.41 op PAPKTNP. TPTVTT.PP'_PQ mmn inn FTTTFQ Location Map Existing blue curb Handicap parking 321 Civic Center Dr Proposed blue curb Handicap parking ILO Gcos e earth Parking Calculations Parking Calculations Existing Parking Existing Handicap Parking Proposed Handicap Parking % Handicap Parking of Total Existing blue curb handicap parking (240 W. 12th St) Proposed blue curb handicap parking (321 Civic Center Dr) Existing blue curb handicap parking (325 Civic Center Dr) o 1, e th 321 Civic Center Dr (looking north); existing blue curb in front of 325 Civic Center Dr 321 Civic Center Dr (looking west); existing blue curb in front of 325 Civic Center Dr DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: 1. Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more than 75-bed capacity. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. Community service facilities such as senior citizens service centers, etc. 5. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. Employment offices for major enterprises employing more. than 200 persons. 7. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. 8. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9. Other places of assembly such as schools and churches. 10. . Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. (3) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. Jha:p CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 7, 2012 AGENDA ITEM NO. 6 ITEM TITLE: Resolution of the City Council of the City of National City authorizing installation of a blue curb handicap parking space in front of 917 E. 6th Street (Requested by G. Guerrero). (TSC Item No. 2012-14). PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Development Services / APPROVED BY: Engineering 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: At their meeting on July 11, 2012 the Traffic Safety Committee approved the staff recommendation to install a blue curb handicap parking space with sign in front of the residence at 917 E. 6th Street. ATTACHMENTS: 1. Explanation 2. Resolution 3. Staff Report to the Traffic Safety Committee (July 11, 2012) Explanation: Mrs. Guadalupe Guerrero, resident of 917 E. 6th Street, has requested a blue curb handicap parking space in front of her home due to health problems. Mrs. Guerrero has a valid disabled persons placard from the California Department of Motor Vehicles. Staff performed a site evaluation, which confirmed that there is no "accessible" parking available on the property. Currently, there are no blue curb handicap parking spaces provided nearby. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. It shall be noted that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in handicap spaces. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with sign in front of the residence at 917 E. 6th Street. All work will be completed by City Public Works. 2012-14 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH A SIGN IN FRONT OF THE RESIDENCE AT 917 EAST 6TH STREET WHEREAS, a resident with a valid Disabled Person Placard from the State of California Department of Motor Vehicles, has requested the installation of a blue curb handicap parking space in front of her home at 917 East 6th Street; and WHEREAS, after conducting an inspection and review, staff determined that all conditions have been met for the property to qualify for a blue curb handicap parking space; and WHEREAS, the Traffic Safety Committee approved staff's recommendation at its July 11, 2012 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of a blue curb handicap parking space with a sign in front of the residence at 917 East 6th Street. PASSED and ADOPTED this 7th day of August, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 11, 2012 ITEM TITLE: 3 REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 917 E. 6TH STREET (BY G. GUERRERO PREPARED BY: Stephen Manganiello, City Engineer DISCUSSION: Mrs. Guadalupe Guerrero, resident of 917 E. 6th Street, has requested a blue curb handicap parking space in front of her home due to health problems. Mrs. Guerrero has a valid disabled persons placard from the California Department of Motor Vehicles. Staff performed a site evaluation, which confirmed that there is no "accessible parking available on the property. Currently, there are no blue curb handicap parking spaces provided nearby. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. It shall be noted that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in handicap spaces. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with sign in front of the residence at 917 E. 6u' Street. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 4. Disabled Persons Parking Policy 2012-14 A illP Ri 1 e T. 1D11 JUN 18 A II: 2b jAirt--(4 D/2 ?/7 4Pi stll //e 4 C( y Giro )PC Pao/kir+ s S cr !�'� frame d `I 1 ot,1L- 7/7 S-14rert C Y' av' h ra / >/0 +b1t So 5l hCev € r cda a i c-v f-e (t) -C tcY �`�%� 947 East 6th Street - Google Maps Page 1 of 1 Google Address 947 East 6th Street Address Is approximate ill +111"S CorccL SlAc http://maps.google.com/maps?h1=en&q=917+6th+st,+91950&ie=UTF8&hq=&hnear=917... 6/18/2012 A Public Service Agency ** *CUSTOMER RECEIPT COPY*** EXPIRES: 06/30/2013 ***DISABLED PERSON PLACARD*** PLACARD NUMBER: A274668 PIC: 1 TV: 92 GUERRERO GUADALUPE BELTRAN 917 E 6TH ST NATIONAL CITY CA 91950 - CRDT '!? DATE ISSUED: 06/19/12 MO/YR: TT DT FEES RECVD: 06/19/12 CO: 37 HOO 613 14 0000000 0010 CS HOO 061912 Ni A274668 DEPARTMENT OF MOTOR VEHICLES PLACARD IDENTIFICATION CARD THIS IDENTIFICATION CARD OR FACSIMILE COPY IS TO BE CARRIED BY THE PLACARD OWNEg:;_;;;INMSENT IT TO ANY PEACE OFFICER UPON DEMAND . IMMEDIATELY NOTIFY DMV BY 01:0g-..-f.10:-: MAIL OF .ANY CHANGE OF ADDRESS . WHEN PARKING, HANG THE PLACARD FROW4114B REAR • VIEW MIRROR. REMOVE IT WHEN DRIVING. A Public Service Agencv PLACARD#: A274668 PLACARD HOLDER: GUERRERO GUADALUPE BELTRAN EXPIRES: 06/30/2013 917 E 6TH ST DOB: 05/14/1931 ISSUED: 06/19/12 TYPE: Ni NATIONAL CITY CA 91950 PURCHASE OF FUEL (BUSINESS & PROFESSIONS CODE 13660): STATE LAW REQUIRES SERVICE STATIONS TO REFUEL A DISABLED PERSON'S VEHICLE AT SELF-SERVICE RATES, EXCEPT SELF-SERVICE FACILITIES WITH ONLY ONE CASHIER. WHEN YOUR PLACARD IS PROPERLY DIOLAYED,,l4CF,MAY PARK IN/ON: *DISABLED PERSON PARKING SPAOS.'"-(BLUB,ZONWWSTREET METERED ZONES WITHOUT PAYING *GREEN ZONES WITHOUT.OSTRICTIQNSTRIE LIMITS *STREET WHERE PREFERENTIAL PARKING pRiviligGEsJWEIPAVOUWSIDENTS AND MERCHANTS. YOU MAY NOT PARK IN/ON: *RED ZONES *i_Q*4k(40.,-ZilipNES *WHITE OR YELLOW ZONES *SPACES MARKED BY CROSSHATCH LINES NE1,07V-4b4.BLED PERSON PARKING SPACES. • IT IS CONSIDERED MISUSE: *TopiolAy_,A,p4t4i5 UNLESS THE DISABLED OWNER IS BEING TRANSPORTED *TO DISPLAYA , ICH HAS BEEN CANCELLED OR REVOKED *TO LOAN YOUR PLACARD TbANYONEINCLUDING FAMILY MEMBERS. MISUSE IS A MISDEMEANOR (SECTION 4461VC) AND CAN RESULT IN CANCELLATION OR REVOCATION OF THE PLACARD. LOSS OF PARKING PRIVILEGES. AND/OR FINES. Location Map lgin ua•V IN Proposed blue curb Handicap parking space • 917 E. 6`b Street Coo! ie earth 917 E. 6th St (looking north) 917 E. 6th St (looking west) DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: 1. Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more than 75-bed capacity. 3. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. 4. Community service facilities such as senior citizens service centers, etc. 5. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. 6. Employment offices for major enterprises employing more. than 200 persons. 7. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. 8. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9. Other places of assembly such as schools and churches. 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. (3) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. Jha:p CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 7, 2012 AGENDA ITEM NO. 7 ITEM TITLE: Resolution of the City Council of the City of National City authorizing installation of "Keep Clear" pavement markings on eastbound Plaza Boulevard in front of the driveway to Bellus Academy located at 1520 E. Plaza Boulevard to improve ingress and egress. (Requested by B. Quick). (TSC Item No. 2012-15). PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Development Services / APPROVED BY: Engineering 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: At their meeting on July 11, 2012 the Traffic Safety Committee approved the staff recommendation to install "Keep Clear" pavement markings on eastbound Plaza Blvd in front of the driveway to Bellus Academy to improve ingress and egress. ATTACHMENTS: I. Explanation 2. Resolution 3. Staff Report to the Traffic Safety Committee (July 11, 2012) Explanation Mr. Brad Quick, Academy Director of the Bellus Academy, located at 1520 E. Plaza Boulevard, has requested installation of "KEEP CLEAR" pavement markings on eastbound Plaza Boulevard in front of the Bellus Academy driveway to discourage vehicles stopped at the traffic signal at Palm Avenue from blocking the driveway. Staff confirmed that during peak periods, eastbound Plaza Boulevard traffic frequently queues past the Bellus Academy driveway while waiting for the traffic signal at Palm Avenue to turn green, thereby temporarily preventing ingress/egress at the driveway. The installation of "KEEP CLEAR" pavement markings on Plaza Boulevard in front of other business driveways, such as the Family House of Pancakes at 1900 E. Plaza Boulevard and Holiday Inn Express at 1645 E. Plaza Boulevard, has proven to be effective. STAFF RECOMMENDATION: Staff recommends installation of "KEEP CLEAR" pavement markings on eastbound Plaza Boulevard in front of the driveway to Bellus Academy located at 1520 E. Plaza Boulevard to improve ingress and egress. All work will be completed by City Public Works. 2012-15 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF "KEEP CLEAR" PAVEMENT MARKINGS ON EASTBOUND PLAZA BOULEVARD IN FRONT OF THE DRIVEWAY TO BELLUS ACADEMY LOCATED AT 1520 EAST PLAZA BOULEVARD TO IMPROVE INGRESS AND EGRESS WHEREAS, the director of the Bellus Academy, located at 1520 East Plaza Boulevard, requested installation of "KEEP CLEAR" pavement markings on eastbound Plaza Boulevard in front of the driveway at Bellus Academy to discourage vehicles stopped at the traffic signal at Palm Avenue from blocking the driveway, thereby preventing ingress and egress; and WHEREAS, after inspection of the sight during peak periods, staff has determined that the "KEEP CLEAR" pavement markings are warranted and recommends installation of "KEEP CLEAR" pavement markings on eastbound Plaza Boulevard in front of the driveway at Bellus Academy; and WHEREAS, the Traffic Safety Committee approved staff's recommendation at its July 11, 2012 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of "KEEP CLEAR" pavement markings on eastbound Plaza Boulevard in front of the driveway at Bellus Academy to discourage vehicles stopped at the traffic signal at Palm Avenue from blocking the driveway, thereby preventing ingress and egress. PASSED and ADOPTED this 7th day of August, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 4 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 11, 2012 ITEM TITLE: REQUEST FOR INSTALLATION OF "KEEP CLEAR" PAVEMENT MARKINGS ON EASTBOUND PLAZA BOULEVARD IN FRONT OF THE DRIVEWAY TO BELLUS ACADEMY LOCATED AT 1520 E. PLAZA BOULEVARD TO IMPROVE INGRESS AND EGRESS (BY B. QUICK) PREPARED BY: Stephen Manganiello, City Engineer DISCUSSION: Mr. Brad Quick, Academy Director of the Bellus Academy, located at 1520 E. Plaza Boulevard, has requested installation of "KEEP CLEAR" pavement markings on eastbound Plaza Boulevard in front of the Bellus Academy driveway to discourage vehicles stopped at the traffic signal at Palm Avenue from blocking the driveway. Staff confirmed that during peak periods, eastbound Plaza Boulevard traffic frequently queues past the Bellus Academy driveway while waiting for the traffic signal at Palm Avenue to turn green, thereby temporarily preventing ingress/egress at the driveway. The installation of "KEEP CLEAR" pavement markings on Plaza Boulevard in front of other business driveways, such as the Family House of Pancakes at 1900 E. Plaza Boulevard and Holiday Inn Express at 1645 E. Plaza Boulevard, has proven to be effective. STAFF RECOMMENDATION: Staff recommends installation of "KEEP CLEAR" pavement markings on eastbound Plaza Boulevard in front of the driveway to Bellus Academy located at 1520 E. Plaza Boulevard to improve ingress and egress. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2012-15 Stephen Manganiello From: Brad Quick <bquick@bellusacademy.edu> Sent: Thursday, May 31, 2012 3:01 PM To: Stephen Manganiello Subject: "keep clear" on pavement Steve, Josie from the mayor's office gave me your email address for a concern we would like to have addressed with the traffic in front of our entrance. We are requesting a "keep clear" be painted on the street pavement in front of our main entrance due to traffic congestion. Throughout the day we have several complaints from customers and clients of not being able to enter the parking lot due to the traffic not staying clear of the entrance way. Thank you for your time and consideration in this matter. Best, Brad Quick Academy Director Bellus Academy 1520 Plaza Boulevard National City, CA 91950 (619) 474-6607 bquick(a,be llus academy.edu 1 Location Map • Install "KEEP CLEAR" pavement markings • 1!! 14 Bellus Academy (1520 E. Plaza Blvd) NOP {re i lt) lull Iw F r: Soo 1c"earth Bellus Academy, 1520 E. Plaza Blvd (looking west) Bellus Academy, 1520 E. Plaza Blvd (looking east) Bellus Academy, 1520 E. Plaza Blvd (looking south) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 7, 2012 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of the City Council of the City of National City authorizing access restrictions from Plaza Boulevard onto Lantana Drive to enhance safety and reduce "cut -through" traffic. (Requested by J. Reynoso). (TSC Item No. 2012-16). PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Development Services / APPROVED BY: Engineering 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: At their meeting on July 11, 2012 the Traffic Safety Committee approved the staff recommendation to install signage necessary to enhance safety, reduce traffic violations and reduce "cut -through" traffic from Plaza Blvd. to Lantana Drive. ATTACHMENTS: . Explanation 2. Resolution 3. Staff Report to the Traffic Safety Committee (July 11, 2012) Explanation: Mrs. Jacqueline Reynoso, President and CEO of the National City Chamber of Commerce, located at 901 National City Boulevard, has requested access restrictions from Plaza Boulevard onto Lantana Drive to enhance safety and reduce "cut -through" traffic on the street. Access and parking for the Chamber of Commerce is provided off Lantana Drive. Mrs. Reynoso expressed her concerns that drivers are using Lantana Drive as a "cut -through" route. Staff performed a site evaluation and noted that Lantana Drive is only 20 feet wide and functions more like an alley, designed to provide access to adjacent properties and not for thru traffic. Also, based on the current left turn lane striping on Plaza Boulevard at National City Boulevard, which extends east through the intersection of Lantana Drive, it is currently illegal for drivers to turn across the left turn lane to enter / exit Lantana Drive. Staff recommends installing signage to restrict access from Plaza Boulevard onto Lantana Drive. Residents can still access Lantana Drive from E. 9th Street. "Emergency Vehicle Exempt" plaques will be posted to allow emergency vehicles to enter from Plaza Boulevard. There have been no "reported" traffic collisions at this location over the past three years. Nineteen residents and property owners were mailed invitations to the Traffic Safety Committee meeting where this item was discussed. These same residents and property owners were notified that this item was approved by the Traffic Safety Committee and would be presented to the City Council at this meeting. STAFF RECOMMENDATION: In order to enhance safety, reduce traffic violations, and reduce "cut -through" traffic, staff recommends the following improvements at the intersection of Lantana Drive and Plaza Boulevard: 1) Install "Do Not Enter" / "Wrong Way" (R5-1/R5-1a) signs with supplemental "Emergency Vehicles Exempt" plaques to prohibit access from Plaza Boulevard onto Lantana Drive. 2) Install "Right Turn Only" (R3-5R) sign to restrict access from Lantana Drive onto Plaza Boulevard to right turns only. All work will be completed by City Public Works. 2012-16 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING ACCESS RESTRICTIONS FROM PLAZA BOULEVARD ONTO LANTANA DRIVE TO ENHANCE SAFETY AND REDUCE "CUT -THROUGH" TRAFFIC WHEREAS, the President and CEO of the National City Chamber of Commerce, located at 901 National City Boulevard, requested access restrictions from Plaza Boulevard onto Lantana Drive to enhance safety and reduce "cut -through" traffic; and WHEREAS, after inspection of the sight, staff has determined restricting access from Plaza Boulevard onto Lantana Drive is warranted and recommends the installation of "Do Not Enter/Wrong Way" signs with supplemental "Emergency Vehicle Exempt" plaques to allow emergency vehicles to enter from Plaza Boulevard, and the installation of a "Right Tum Only" sign to restrict access; and WHEREAS, the Traffic Safety Committee approved staff's recommendation at its July 11, 2012 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes access restrictions from Plaza Boulevard onto Lantana Drive and the installation of "Do Not Enter/Wrong Way" signs with supplemental "Emergency Vehicle Exempt" plaques to allow emergency vehicles to enter from Plaza Boulevard, and the installation of a "Right Turn Only" sign to restrict access from Plaza Boulevard onto Lantana Drive to enhance safety and reduce "cut -through" traffic. PASSED and ADOPTED this 7th day of August, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 11, 2012 ITEM TITLE: 5 REQUEST FOR ACCESS RESTRICTIONS FROM PLAZA BOULEVARD ONTO LANTANA DRIVE TO ENHANCE SAFETY AND REDUCE "CUT -THROUGH" TRAFFIC (BY J. REYNOSO) PREPARED BY: Stephen Manganiello, City Engineer DISCUSSION: Mrs. Jacqueline Reynoso, President and CEO of the National City Chamber of Commerce, located at 901 National City Boulevard, has requested access restrictions from Plaza Boulevard onto Lantana Drive to enhance safety and reduce "cut -through" traffic on the street. Access and parking for the Chamber of Commerce is provided off Lantana Drive. Mrs. Reynoso expressed her concerns that drivers are using Lantana Drive as a "cut -through" route. Staff performed a site evaluation and noted that Lantana Drive is only 20 feet wide and functions more like an alley, designed to provide access to adjacent properties and not for thru traffic. Also, based on the current left turn lane striping on Plaza Boulevard at National City Boulevard, which extends east through the intersection of Lantana Drive, it is currently illegal for drivers to turn across the left turn lane to enter / exit Lantana Drive. Staff recommends installing signage to restrict access from Plaza Boulevard onto Lantana Drive. Residents can still access Lantana Drive from E. 9th Street. "Emergency Vehicle Exempt" plaques will be posted to allow emergency vehicles to enter from Plaza Boulevard. There have been no "reported" traffic collisions at this location over the past three years. STAFF RECOMMENDATION: In order to enhance safety, reduce traffic violations, and reduce "cut -through" traffic, staff recommends the following improvements at the intersection of Lantana Drive and Plaza Boulevard: 1) Install "Do Not Enter" / "Wrong Way" (R5-1/R5-1a) signs with supplemental "Emergency Vehicles Exempt" plaques to prohibit access from Plaza Boulevard onto Lantana Drive. 2) Install "Right Turn Only" (R3-5R) sign to restrict access from Lantana Drive onto Plaza Boulevard to right turns only. EXHIBITS: 1. Location Map 2. Photos 2012-16 Location Map Chamber of Commerce u Install "Do Not Enter" signs for NB traffic and "Right Tum Only" sign for SB traffic Lantana Dr at Plaza Blvd (looking north) Lantana Dr at Plaza Blvd (looking north) Lantana Dr at Plaza Blvd (looking east) Lantana Dr at Plaza Blvd (looking west) Lantana Dr at Plaza Blvd (looking west) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 7, 2012 AGENDA ITEM NO. 9 ITEM TITLE: Resolution of the City Council of the City of National City authorizing red curb "No Parking" at the intersection of "Q" Avenue and E. 16th Street to improve sight distance. (Requested by City Engineering on behalf of National City Residents). (TSC Item No. 2012-17). PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Development Services / APPROVED BY: Engineering 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: At their meeting on July 11, 2012 the Traffic Safety Committee approved the staff recommendation to install red curb "No Parking" at Q Avenue and E. 16th Street to improve sight distance. ATTACHMENTS: Explanation 2. Resolution 3. Staff Report to the Traffic Safety Committee (July 11, 2012) Explanation: Staff was asked to perform a site evaluation of the intersection of "Q" Avenue and E. 16th Street. The concern is that when vehicles on E. 16th Street park tooclose to the intersection, visibility is obstructed for drivers attempting to exit "Q" Avenue. Staff performed a site evaluation. The intersection is a "T" intersection having only 3 legs — north, east and west. The intersection is Stop controlled for "Q" Avenue and uncontrolled for E. 16th Street. E. 16th Street has an average daily traffic (ADT) of 5,900 vehicles and a posted speed limit of 35 MPH. Staff confirmed that when vehicles park too close to the corners, visibility is obscured. Sight distance is most critical for drivers looking left as they approach the intersection (see attached photo). Staff also reviewed the traffic collision history at this intersection. While there has not been any "reported" traffic collisions at this intersection over the past three years, there were a total of 6 reported collisions, 3 resulting in injury, between July 2003 and November 2007. Two of these collisions involved a driver failing to yield to thru traffic on E. 16th Street while attempting to exit "Q" Avenue with a left -turn. See attached traffic collision history report. Based on the site evaluation and review of traffic collision history, staff recommends installation of red curb "No Parking" to improve sight distance. This would result in the loss of two parking spaces on the north side of E. 16th Street, just east of "Q" Avenue. There are no adjacent homes at this location (see attached exhibit). Fourteen property owners and residents were mailed invitations to the Traffic Safety Committee meeting where this item was discussed. These same residents and property owners were notified that this item was approved by the Traffic Safety Committee and would be presented to the City Council at this meeting. STAFF RECOMMENDATION: Based on evaluation of existing conditions, review of design standards for stopping sight distance (Caltrans Highway Design Manual), and review of traffic collision history, staff recommends installation of 40 feet of red curb "No Parking" on the north side of E. 16th Street, east of "Q" Avenue, and 10 feet of red curb "No Parking" west of "Q" Avenue, to improve sight distance. All work will be completed by City Public Works. 2012-17 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF 40 FEET OF RED CURB "NO PARKING" ON THE NORTH SIDE OF EAST 16TH STREET, EAST OF "Q" AVENUE, AND 10 FEET OF RED CURB "NO PARKING" WEST OF "Q" AVENUE TO IMPROVE SIGHT DISTANCE WHEREAS, staff was directed to perform a site evaluation at the intersection of "Q" Avenue and East 16th Street because visibility is obstructed for drivers attempting to exit "Q" Avenue when vehicles on East 16th Street park too closed to the intersection; and WHEREAS, based on the site evaluation and review of traffic collision history, staff recommends the installation of 40 feet of red curb "No Parking" on the north side of East 16th Street, east of "Q" Avenue, and 10 feet of red curb "No Parking" west of "Q" Avenue, to improve sight distance; and WHEREAS, the Traffic Safety Committee approved staff's recommendation at its July 11, 2012 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of 40 feet of red curb "No Parking" on the north side of East 16th Street, east of "Q" Avenue, and 10 feet of red curb "No Parking" west of "Q" Avenue, to improve sight distance. PASSED and ADOPTED this 7th day of August, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 6 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 11, 2012 ITEM TITLE: REQUEST FOR RED CURB "NO PARKING" AT THE INTERSECTION OF "Q" AVENUE AND E. 16TH STREET TO IMPROVE SIGHT DISTANCE (BY CITY ENGINEERING ON BEHALF OF NATIONAL CITY RESIDENTS) PREPARED BY: Stephen Manganiello, City Engineer DISCUSSION: Staff was asked to perform a site evaluation of the intersection of "Q" Avenue and E. 16th Street. The concern is that when vehicles on E. 16th Street park to close to the intersection, visibility is obstructed for drivers attempting to exit "Q" Avenue. Staff performed a site evaluation. The intersection is a "T" intersection having only 3 legs — north, east and west. The intersection is Stop controlled for "Q" Avenue and uncontrolled for E. 16th Street. E. 16th Street has an average daily traffic (ADT) of 5,900 vehicles and a posted speed limit of 35 MPH. Staff confirmed that when vehicles park too close to the corners, visibility is obscured. Sight distance is most critical for drivers looking left as they approach the intersection (see attached photo). Staff also reviewed the traffic collision history at this intersection. While there has not been any "reported" traffic collisions at this intersection over the past three years, there were a total of 6 reported collisions, 3 resulting in injury, between July 2003 and November 2007. Two of these collisions involved a driver failing to yield to thru traffic on E. 16th Street while attempting to exit "Q" Avenue with a left -turn. See attached traffic collision history report. Based on the site evaluation and review of traffic collision history, staff recommends installation of red curb "No Parking" to improve sight distance. This would result in the loss of two parking spaces on the north side of E. 16th Street, just east of "Q" Avenue. There are no adjacent homes at this location (see attached exhibit). STAFF RECOMMENDATION: Based on evaluation of existing conditions, review of design 'standards for stopping sight distance (Caltrans Highway Design Manual), and review of traffic collision history, staff recommends installation of 40 feet of red curb "No Parking" on the north side of E. 16th Street, east of "Q" Avenue, and 10 feet of red curb "No Parking" west of "Q" Avenue, to improve sight distance. EXHIBITS: 1. Location Map 2. Photos 3. Traffic Collision History Report 2012-17 Location Map R r Install 10 feet red curb tt Coo le earth "Q" Ave at E. 16th St (looking east) "Q" Ave at E. 16th St (looking west) "Q" Ave at E. 16th St (looking north) Location: 16th St / Q St Date Range Reported: 1/1/2001 - 12/31/2011 Total Number of Collisions: 6 Report No. Date Time Dist. Dir. 0901166 7/11/03 12:06 0 In Int. 1546710 7/21/04 07:38 0 In Int. 1628143 9/4/04 22:30 0 In Int. 1828077 9/8/04 23:07 0 In Int. 2401816 12/7/05 20:55 0 In Int. 3490774 11/26/07 17:30 15 East Type of Collision Broadside Broadside Other Sideswipe Sideswipe Vehicle - Pedestrian City of National City Engineering Department Traffic Collision History Report Motor Veh. Involved With Other Motor Vehicle Bicycle Other Object Other Motor Vehicle Other Motor Vehicle Pedestrian Direct. of Movement Travel 1 Prec. Coll. 1 South Making Left Tum East Proceeding Straight East Parking Maneuver South Making Left Tum West Proceeding Straight Not Stated Not Stated Direct. of Movement Travel 2 Prec. Coll. 2 PCF 7/2/2012 Page 1 Inj. Kil West Proceeding Traffic Signals 0 0 Straight and Signs North Making Right Auto R/W 1 0 Tum Violation Other Than Driver 0 0 or Ped West Proceeding Auto R/W 1 0 Straight Violation West Stopped in Unsafe Speed 1 0 Road East Proceeding Pedestrian 0 0 Straight Violation CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 7, 2012 AGENDA ITEM NO, 10 ITEM TITLE: Resolution of the City Council of the City of National City authorizing installation of red curb "No Parking" on the 1700 block of "L" Avenue to improve sight distance at the alley. (Requested by J. Peters). (TSC Item No. 2012-18). PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Development Services / APPROVED BY: Engineering 2 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: At their meeting on July 11, 2012 the Traffic Safety Committee approved the staff recommendation to install red curb "No Parking" on the 1700 block of "L" Avenue to improve sight distance at the alley. ATTACHMENTS: I. Explanation 2. Resolution 3. Staff Report to the Traffic Safety Committee (July 11, 2012) Explanation: Mrs. Julieann Peters, resident of 1115 E. 8th Street, has requested red curb "No Parking" on the 1700 block of "L" Avenue to improve sight distance at the alley. Mrs. Peters states that it is difficult to see on -coming traffic when trying to exit the alley onto "L" Avenue due to trucks, vans and SUVs parked on "L" Avenue. She also stated that there have been a few accidents as a result. Mrs. Peter accesses her home from the alley. Staff performed a site evaluation. "L" Avenue has an average daily traffic (ADT) of 3,600 vehicles and a posted speed limit of 30 MPH. Staff confirmed that when vehicles park too close to the corners, visibility is obscured. Sight distance is most critical for drivers looking left as they approach the intersection (see attached photos). Staff also reviewed the traffic collision history at this intersection. While there were no "reported" traffic collisions at this location over the past three years, staff recommends installation of red curb "No Parking" on "L" Avenue at the alley to improve sight distance. The amount of red curb proposed would not result in the loss of on -street parking. Thirty-seven residents and property owners were mailed invitations to the Traffic Safety Committee meeting where this item was discussed. These same residents and property owners were notified that this item was approved by the Traffic Safety Committee and would be presented to the City Council at this meeting. STAFF RECOMMENDATION: Based on evaluation of existing conditions and review of design standards for stopping sight distance (Caltrans Highway Design Manual), staff recommends installation of red curb "No Parking" on the 1700 block of "L" Avenue to improve sight distance at the alley as follows: 1) Install 15 feet of red curb "No Parking" on the west side of "L" Avenue, north of the alley, and 5 feet of red curb "No Parking" south of the alley; 2) Install 3 feet of red curb "No Parking" on both sides of the private driveway located on the east side of "L" Avenue, north of the alley, and 15 feet of red curb "No Parking" south of the alley. All work would be completed by City Public Works. 2012-18 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF RED CURB "NO PARKING" ON THE 1700 BLOCK OF "L" AVENUE TO IMPROVE SIGHT DISTANCE WHEREAS, a resident of 1115 East 8th Street has requested red curb "No Parking" on the 1700 block of "L" Avenue to improve sight distance at the alley; and WHEREAS, based on the site evaluation and review of traffic collision history, staff recommends the following: 1. Installation of 15 feet of red curb "No Parking" on the west side of "L" Avenue, north of the alley, and 5 feet of red curb "No Parking" south of the alley to improve sight distance; 2. Installation of 3 feet of red curb "No Parking" on both sides of the private driveway located on the east side of "L" Avenue, north of the alley, and 15 feet of red curb "No Parking" south of the alley; and WHEREAS, the Traffic Safety Committee approved staffs recommendation at its July 11, 2012 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of 15 feet of red curb "No Parking" on the west side of "L" Avenue, north of the alley; 5 feet of red curb "No Parking", south of the alley; 3 feet of red curb "No Parking" on both sides of the private driveway located on the east side of "L" Avenue, north of the alley; and 15 feet of red curb "No Parking" south of the alley to improve sight distance on the 1700 block of "L" Avenue. PASSED and ADOPTED this 7th day of August, 2012. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 11, 2012 ITEM TITLE: 7 REQUEST FOR RED CURB "NO PARKING" ON THE 1700 BLOCK OF "L" AVENUE TO IMPROVE SIGHT DISTANCE AT THE ALLEY (BY J. PETERS) PREPARED BY: Stephen Manganiello, City Engineer DISCUSSION: Mrs. Julieann Peters, resident of 1115 E. 8th Street, has requested red curb "No Parking" on the 1700 block of "L" Avenue to improve sight distance at the alley. Mrs. Peters states that it is difficult to see on -coming traffic when trying to exit the alley onto "L" Avenue due to trucks, vans and SUVs parked on "L" Avenue. She also stated that there have been a few accidents as a result. Mrs. Peter accesses her home from the alley. Staff performed a site evaluation. "L" Avenue has an average daily traffic (ADT) of 3,600 vehicles and a posted speed limit of 30 MPH. Staff confirmed that when vehicles park too close to the corners, visibility is obscured. Sight distance is most critical for drivers looking left as they approach the intersection (see attached photos). Staff also reviewed the traffic collision history at this intersection. While there were no "reported" traffic collisions at this location over the past three years, staff recommends installation of red curb "No Parking" on "L" Avenue at the alley to improve sight distance. The amount of red curb proposed would not result in the loss of on -street parking. STAFF RECOMMENDATION: Based on evaluation of existing conditions and review of design standards for stopping sight distance (Caltrans Highway Design Manual), staff recommends installation of red curb "No Parking" on the 1700 block of "L" Avenue to improve sight distance at the alley as follows: 1) Install 15 feet of red curb "No Parking" on the west side of "L" Avenue, north of the alley, and 5 feet of red curb "No Parking" south of the alley; 2) Install 3 feet of red curb "No Parking" on both sides of the private driveway located on the east side of "L" Avenue, north of the alley, and 15 feet of red curb "No Parking" south of the alley. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2012-18 Stephen Manganiello From: Armando Vergara Sent: Monday, June 04, 2012 9:00 AM To: Stephen Manganiello Subject: FW: National City: Service Request Form See attached red curbing request. Original Message -- From: Police Sent: Monday, June 04, 2012 8:56 AM To: Armando Vergara Subject: FW: National City : Service Request Form Ronni Zengota Police Operations Assistant/Explorer Advisor (619) 336-4516 FAX: (619) 336-4525 rzengota@nationalcityca.gov Original Message From: Julieann Peters [mailto:vinjulieann@yahoo.com) Sent: Friday, June 01, 2012 3:52 PM To: Police; Requests Subject: National City : Service Request Form Date: 6/1/2012 Time: 3:45:00 PM Please enter the location where the problem was noticed. Street: L -Ave Cross: 18th st. City: National city Zip: 91950 List of service requested: Parking/Speeding Complaints Brief Description (or other problem not listed): The alley has had a few accidents from people not being able to see the oncoming cars when pulling out of the alley onto L ave. L ave is lined bumper to bumper with trucks vans and suv's. All the parked cars block the view of oncoming cars. Both people in the accidents pulled out very slowly and ended up getting hit by southbound traffic on L ave. Is there any way to pain* the curb's on L Ave by the alley red and not allow people to park so closely to the alley? Contact Information: i First Name: Julieann Last Name: Peters Your Street: 1115 E 18th St City: National City State: California Zip: 91950 Phone: 619-477-3726 E-Mail Address: viniulieann@vahoo.com 2 Location Map Install 3 feet red curb on both sides of driveway rsv., »,earth:. Alley at 1700 block "L" Ave, west side (looking east) Alley at 1700 block "L" Ave, east side (looking west) Alley at 1700 block "L" Ave, west side (looking north) Alley at 1700 block "L" Ave, west side (looking south) Alley at 1700 block "L" Ave, east side (looking south) Alley at 1700 block "L" Ave, east side (looking north) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 7, 2012 AGENDA ITEM NO. 11 ITEM TITLE: Resolution of the City Council of the City of National City authorizing installation of 20 feet of red curb "No Parking" at the bus stop on westbound E. 8th Street, west of Highland Avenue to provide clearance from a private driveway located next to 725 E. 8th Street. (Requested by J. Codling, MTS). (TSC Item No. 2012-19) PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Development Services / APPROVED BY: Engineering 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: At their meeting on July 11, 2012 the Traffic Safety Committee approved the staff recommendation to install red curb "No Parking" at the bus stop located on westbound E. 8t St., west of Highland Ave. to provide clearance from a private driveway. ATTACHMENTS: . Explanation 2. Resolution 3. Staff Report to the Traffic Safety Committee (July 11, 2012) Explanation: Mr. Jeff Codling, Contract Services Administrator for the San Diego Metropolitan Transit System (MTS), has requested an additional 20 feet of red curb "No Parking" at the bus stop located on westbound E. 8th Street, west of Highland Avenue, to provide clearance from a private driveway located next to 725 E. 8th Street. Currently only 20 feet of red curb exists at the bus stop, which results in buses temporarily blocking a private driveway when loading / unloading passengers. Staff performed a site evaluation and confirmed that while the additional 20 feet of red curb would result in the loss of one on -street parking space in front of Pinky Watch, Clock & Jewelry Repair, located at 725 E. 8th Street, and Mandalin Imports, located at 719 E. 8th Street, both of these businesses have a total of 12 off-street parking spaces for customers in the parking lot next door. Staff invited the business owners / tenants to attend the Traffic Safety Committee Meeting, as well as informing them of the Traffic Safety Committee approval of the request, and inviting them to this City Council meeting. STAFF RECOMMENDATION: Staff recommends the installation of 20 feet of red curb "No Parking" at the bus stop located on westbound E. 8th Street, west of Highland Avenue, to provide clearance from a private driveway located next to 725 E. 8th Street. All work will be completed by City Public Works. 2012-19 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF AN ADDITIONAL 20 FEET OF RED CURB "NO PARKING" AT THE BUS STOP ON WESTBOUND EAST 8TH STREET, WEST OF HIGHLAND AVENUE TO PROVIDE CLEARANCE FROM A PRIVATE DRIVEWAY LOCATED NEXT TO 725 EAST 8TH STREET WHEREAS, the San Diego Metropolitan Transit System ("MTS") has requested an additional 20 feet of red curb "No Parking" at the bus stop located on westbound East 8th Street, west of Highland Avenue, to provide clearance from the private driveway located next to 725 East 8th Street; and WHEREAS, a site evaluation confirmed that while the additional 20 feet of red curb "No Parking" would result in the loss of two on -street parking spaces, there is a total of twelve off-street parking spaces provided nearby; and WHEREAS, staff recommends the installation of an additional 20 feet of red curb "No Parking" at the bus stop located on westbound East 8th Street, west of Highland Avenue; and WHEREAS, the Traffic Safety Committee approved staff's recommendation at its July 11, 2012 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of an additional 20 feet of red curb "No Parking" at the bus stop located on westbound East 8th Street, west of Highland Avenue, to provide clearance from the private driveway located next to 725 East 8th Street. PASSED and ADOPTED this 7th day of August, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 11, 2012 ITEM TITLE: 8 REQUEST FOR 20 FEET OF RED CURB "NO PARKING" AT THE BUS STOP ON WESTBOUND E. 8TH STREET, WEST OF HIGHLAND AVENUE TO PROVIDE CLEARANCE FROM A PRIVATE DRIVEWAY LOCATED NEXT TO 725 E. 8111 STREET (BY J. CODLING. MTS) PREPARED BY: Stephen Manganiello, City Engineer DISCUSSION: Mr. Jeff Codling, Contract Services Administrator for the San Diego Metropolitan Transit System (MTS), has requested an additional 20 feet of red curb "No Parking" at the bus stop located on westbound E. 8th Street, west of Highland Avenue, to provide clearance from a private driveway located next to 725 E. 8th Street. Currently only 20 feet of red curb exists at the bus stop, which results in buses temporarily blocking a private driveway when loading / unloading passengers. Staff performed a site evaluation and confirmed that while the additional 20 feet of red curb would result in the loss of one on -street parking space in front of Pinky Watch, Clock & Jewelry Repair, located at 725 E. 8th Street, and Mandelin Imports, located at 719 E. 8th Street, both of these businesses have a total of 12 off-street parking spaces for customers in the parking lot next door. Staff invited the business owners / tenants to attend the Traffic Safety Committee Meeting. STAFF RECOMMENDATION: Staff recommends the installation of 20 feet of red curb "No Parking" at the bus stop located on westbound E. 8th Street, west of Highland Avenue, to provide clearance from a private driveway located next to 725 E. 8th Street. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2012-19 Unknown From: Jeff Codling Qeff.codling©sdmts.com] Sent: Wednesday, May 23, 2012 8:40 AM To: Stephen Manganiello Cc: Brent Boyd; Beverly Neff Subject: RE: 8th St Bus Stop Relocations My notes don't have any detail or background but you should have that info. Here are the changes we came up with: 8th &B—WBNS move to 8th & C— WB NS 8th & E - WB FS Move to 8th &E-WBNS 8th & Highland — WB FS — Add 20' more red 8th & D - EB FS — Remove 8th & B — EB FS Move to 8th & C - EB NS 8th & F — EB NS Move to 8th & F — EB FS Location Map 12 customer parking spaces for 717-725 E. 8'" St MTS bus stop with 20 feet existing red curb Jell I of Mai SW 717 E. 8th St (Home Furniture) 719 E. 8"' St (Mandalin Imports) 725 E. 8th St (Pinky Watch, Clock & Jewelry Repair) Bus Stop on westbound E. 8th St, west of Highland Ave (looking west) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 7, 2012 AGENDA ITEM NO. 12 ITEM TITLE: Resolution of the City Council of the City of National City authorizing bus stop relocations on E. 8th Street between "B" Avenue and "F" Avenue to reduce parking impacts to local businesses and enhance safety and access for transit users. (Requested by City Engineering on behalf of local business owners). (TSC Item No. 2012-20). PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Development Services / APPROVED BY: Engineering 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: At their meeting on July 11, 2012 the Traffic Safety Committee approved the staff recommendation to relocate bus stop on E. 8`h Street between "B" Avenue and "F" Avenues to reduce parking impacts to local businesses and enhance safety and access for transit users. ATTACHMENTS: 1. Explanation 2. Resolution 3. Staff Report to the Traffic Safety Committee (July 11, 2012) Explanation: Based on requests from local business owners, City Engineering staff worked with MTS planning and operations staff to assess the opportunity to relocate several bus stops on E. 8th Street between "B" Avenue and "F" Avenue to reduce parking impacts to local businesses and enhance safety and access for transit users. Staff also reviewed how changes to bus stop locations would best compliment the parking and streetscape improvements planned as part of the 8th Street Corridor Smart Growth Revitalization Project, which will start construction within the next year. The proposed changes to bus stop locations, including red curb removal / installation, are based on the following criteria: 1) Spacing between bus stops 2) Safety and access to bus stops a. Placing bus stops at designated crosswalks proposed for enhancements b. Installing appropriate red curb to allow buses to pull flush to the curb for ADA access and to avoid buses extending at an angle into traffic 3) Minimize parking impacts to local businesses — relocate bus stops that are in front of businesses that do not have off-street parking. The attached Traffic Safety Committee Staff Report contains exhibits of the proposed changes. The proposed changes will result in no net loss of on -street parking. Please note that in order to maintain proper spacing between bus stops, the recommendations must be considered "in total". Staff invited adjacent business owners / tenants to attend the Traffic Safety Committee Meeting to provide an opportunity for questions / comments. Adjacent business owners and tenants were also notified that this item was approved by the Traffic Safety Committee and would be presented to the City Council at this meeting. If approved, MTS will remove / install bus stop poles and signs and install new red curb. They will also post notifications at existing bus stops to provide information to transit users prior to removals / relocations. City Public Works will remove existing red curb that is no longer warranted to restore parking for local businesses. STAFF RECOMMENDATION: Staff recommends the following changes to bus stops located on E. 8th Street between "B" Avenue and "F" Avenue to reduce parking impacts to local businesses and enhance safety and access for transit users: 1) Remove westbound bus stop at "B" Avenue (near side); remove 50 feet of red curb "No Parking"; 2) Install new westbound bus stop at "C" Avenue (near side); install 30 feet of red curb "No Parking"; 3) Remove westbound bus stop at "E" Avenue (far side); remove 70 feet of red curb "No Parking"; 4) Install new westbound bus stop at "E" Avenue (near side); install 60 feet of red curb "No Parking"; 5) Remove eastbound bus stop at "B" Avenue (far side); remove 70 feet of red curb "No Parking"; 6) Install new eastbound bus stop at "C" Avenue (near side); install 110 feet of red curb "No Parking"; 7) Remove eastbound bus stop at "D" Avenue (far side); remove 90 feet of red curb "No Parking"; maintain 20 feet of red curb for visibility at alley; 8) Remove eastbound bus stop at "F" Avenue (near side); maintain 40 feet of red curb for visibility at driveway; 9) Install new eastbound bus stop at "F" Avenue (far side); install 60 feet of red curb "No Parking". Work will be completed by MTS and City Public Works. 2012-20 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING BUS STOP RELOCATIONS ON EAST 8TH STREET BETWEEN "B" AVENUE AND "F" AVENUE TO REDUCE PARKING IMPACTS TO LOCAL BUSINESSES, AND ENHANCE SAFETY AND ACCESS FOR TRANSIT USERS WHEREAS, based on requests from local business owners, the City staff worked with the San Diego Metropolitan Transit System ("MTS") planning and operations staff to assess the opportunity to relocate several bus stops on East 8th Street between "B" Avenue and "F" Avenue to reduce parking impacts to local business, and to enhance safety and access for transit users; and WHEREAS, City staff also reviewed how changes to bus stop locations would best compliment the parking and streetscape improvements planned as part of the 8th Street Corridor Smart Growth Revitalization Project; and WHEREAS, based on the needs of local businesses and the proposed improvements on 8th Street, staff recommends the relocation of bus stops on East 8th Street between "B" Avenue and "F" Avenue as outlined on the attached Exhibit "A" to enhance safety and access for transit users; and WHEREAS, MTS will remove/install bus stop poles and signs and install new red curb, and post notifications at the existing bus stops to provide information to transit users prior to removals/relocations; and WHEREAS, the City will be responsible for removing existing red curb that is no longer warranted to restore parking for local businesses. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby the relocation of bus stops on East 8th Street between "B" Avenue and "F" Avenue as outlined on the attached Exhibit "A" to enhance safety and access for transit users PASSED and ADOPTED this 7th day of August, 2012. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 1 BUS STOP RELOCATIONS ON EAST 8TH STREET BETWEEN "B" AVENUE AND "F" AVENUE Remove westbound bus stop at "No Parking". 2) Install new westbound bus stop "No Parking". 3) Remove westbound bus stop at Parking". 4) Install new westbound bus stop "No Parking". 5) Remove eastbound bus stop at Parking". "B" Avenue (near side); remove 50 feet of red curb at "C" Avenue (near side); install 30 feet of red curb "E" Avenue (far side); remove 70 feet of red curb "No at "E" Avenue (near side); install 60 feet of red curb "B" Avenue (far side); remove 70 feet of red curb "No 6) Install new eastbound bus stop at "C" Avenue (near side); install 110 feet of red curb "No Parking". 7) Remove eastbound bus stop at "D" Avenue (far side); remove 90 feet of red curb "No Parking"; maintain 20 feet of red curb for visibility at alley. 8) Remove eastbound bus stop at "F" Avenue (near side); maintain 40 feet of red curb for visibility at driveway. 9) Install new eastbound bus stop at "F" Avenue (far side); install 60 feet of red curb "No Parking". EXHIBIT "A" NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 11, 2012 ITEM TITLE: 9 REQUEST FOR BUS STOP RELOCATIONS ON E. 8TH STREET BETWEEN "B" AVENUE AND "F" AVENUE TO REDUCE PARKING IMPACTS TO LOCAL BUSINESSES AND ENHANCE SAFETY AND ACCESS FOR TRANSIT USERS (BY CITY ENGINEERING ON BEHALF OF LOCAL BUSINESS OWNERS) PREPARED BY: Stephen Manganiello, City Engineer DISCUSSION: Based on requests from local business owners, City Engineering staff worked with MTS planning and operations staff to assess the opportunity to relocate several bus stops on E. 8th Street between "B" Avenue and "F" Avenue to reduce parking impacts to local businesses and enhance safety and access for transit users. Staff also reviewed how changes to bus stop locations would best compliment the parking and streetscape improvements planned as part of the 8th Street Corridor Smart Growth Revitalization Project, which will start construction within the next year. The proposed changes to bus stop locations, including red curb removal / installation, are based on the following criteria: 1) Spacing between bus stops 2) Safety and access to bus stops a. Placing bus stops at designated crosswalks proposed for enhancements b. Installing appropriate red curb to allow buses to pull flush to the curb for ADA access and to avoid buses extending at an angle into traffic 3) Minimize parking impacts to local businesses — relocate bus stops that are in front of businesses that do not have off-street parking. See attached exhibit and summary of recommendations below. The proposed changes will result in no net loss of on -street parking. Please note that in order to maintain proper spacing between bus stops, the recommendations must be considered "in total". Staff invited adjacent business owners / tenants to attend the Traffic Safety Committee Meeting to provide an opportunity for questions / comments. If approved, MTS will remove / install bus stop poles and signs and install new red curb. They will also post notifications at existing bus stops to provide information to transit users prior to removals / relocations. City Public Works will remove existing red curb that is no longer warranted to restore parking for local businesses. STAFF RECOMMENDATION: Staff recommends the following changes to bus stops located on E. 81h Street between "B" Avenue and "F" Avenue to reduce parking impacts to local businesses and enhance safety and access for transit users: 1) Remove westbound bus stop at "B" Avenue (near side); remove 50 feet of red curb "No Parking"; 2) Install new westbound bus stop at "C" Avenue (near side); install 30 feet of red curb "No Parking"; 3) Remove westbound bus stop at "E" Avenue (far side); remove 70 feet of red curb "No Parking"; 4) Install new westbound bus stop at "E" Avenue (near side); install 60 feet of red curb "No Parking"; 5) Remove eastbound bus stop at "B" Avenue (far side); remove 70 feet of red curb "No Parking"; 6) Install new eastbound bus stop at "C" Avenue (near side); install 110 feet of red curb "No Parking"; 7) Remove eastbound bus stop at "D" Avenue (far side); remove 90 feet of red curb "No Parking"; maintain 20 feet of red curb for visibility at alley; 8) Remove eastbound bus stop at "F" Avenue (near side); maintain 40 feet of red curb for visibility at driveway; 9) Install new eastbound bus stop at "F" Avenue (far side); install 60 feet of red curb "No Parking". EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2012-20 Unknown From: Jeff Codling [jeff.codling@sdmts.com] Sent: Wednesday, May 23, 2012 8:40 AM To: Stephen Manganiello Cc: Brent Boyd; Beverly Neff Subject: RE: 8th St Bus Stop Relocations My notes don't have any detail or background but you should have that info. Here are the changes we came up with: 8th &B—WBNS move to 8th &C-WBNS 8th & E - WB FS Move to 8th & E - WB NS 8th & Highland — WB FS — Add 20' more red 8th & D - EB FS — Remove 8th &B—EBFS Move to 8th & C - EB NS 8th &F—EBNS Move to 8th &F—EBFS Location Map .x Remove MTS bus stop Remove 50 feet existing red curb Remove MTS bus stop Remove 70 feet existing red curb -•r Parking Summary No net loss of parking ._r Remove MTS bus stop Remove 90 feet existing red curb Maintain 20 feet existing red curb for visibility at alley 1 Proposed MTS bus stop Add 30 feet new red curb 12 customer parking spaces for 505 E. St" St (Zarlitos Family Restaurant) Remove MTS bus stop Remove 70 feet existing red curb Proposed MTS bus stop Add 110 feet new red curb Entrance and parking for First United Methodist Church (242 E. St" St) located on "C" Avenue i Proposed MTS bus stop at x-walk 40 feet existing red curb Add 60 feet new red curb Proposed MTS bus stop at x-walk 10 feet existing red curb Add 60 feet new red curb Remove MTS bus stop Maintain 40 feet existing red curb for visibility at driveway I -G000k earth Bus Stop recommended for removal — westbound E. 8th St at "B" Ave, near side (looking west) Proposed Bus Stop — westbound E. 8th St at "C" Ave, near side (looking west) Bus Stop recommended for removal — westbound E. 8th St at "E" Ave, far side (looking west) Proposed Bus Stop — westbound E. 8th St at "E" Ave, near side (looking west) Bus Stop recommended for removal — eastbound E. 8th St at "B" Ave, far side (looking east) Proposed Bus Stop — eastbound E. 8th St at "C" Ave, near side (looking east) Bus Stop recommended for removal — eastbound E. 8th St at "D" Ave, far side (looking east) Bus Stop recommended for removal — eastbound E. 8th St at "F" Ave, near side (looking east) Proposed Bus Stop — eastbound E. 8th St at "F" Ave, far side (looking east) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 7, 2012 AGENDA ITEM NO. 13 ITEM TITLE: Resolution of the City Council of the City of National City accepting an easement for construction of a retaining wall to enhance visibility at the driveway for 1141 E. 8th Street in National City, from Loretta C. Butz and authorizing the recordation of a Slope and Wall Easement across Lot 4 of Block 5 of Map 615, Parcel Number 556-417-05. PREPARED BY: Barby Tipton, Project Officer DEPARTMENT: Development Services -Engineering Division PHONE: 336-4385 APPROVED BY: EXPLANATION: See attached FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Slope and Wall Easement Deed 3. Resolution Explanation: As part of the 8th Street Safety Enhancements (Highland Avenue to Palm Avenue) Project, the City of National will be installing retaining walls along the frontage of properties on 8th Street between K Avenue and L Avenue to prevent erosion. In order to enhance visibility at the driveways, two of the properties shall have the wall angel inward. In order to construct the walls, it is necessary to obtain a Slope and Wall Easement from the properties owners. Staff recommends that City Council accept the attached easement and authorize the recordation of such. Page 1 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A SLOPE AND WALL EASEMENT FROM LORETTA C. BUTZ FOR CONSTRUCTION OF A RETAINING WALL TO ENHANCE VISIBILITY AT THE DRIVEWAY FOR 1141 EAST 8TH STREET, AND AUTHORIZING THE RECORDATION OF SAID EASEMENT WHEREAS, as part of the 8`h Street Safety Enhancements (Highland Avenue to Palm Avenue) Project, the City of National City will be installing retaining walls along the frontage of properties on 8th Street between "K" Avenue and "L" Avenue to prevent erosion; and WHEREAS, In order to enhance visibility at the driveways, two of the properties shall have the wall angel inward, which requires the City to obtain easements from the property owners; and WHEREAS, the property owners of 1141 East 8th Street have executed a Slope and Wall Easement for Parcel No. 556-417-05, for the construction of a retaining wall to enhance visibility at the driveway of the property; and WHEREAS, the Traffic Safety Committee approved staff's recommendation at its July 11, 2012 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the acceptance of a Slope and Wall Easement on Parcel No. 556-417-06, from Loretta C. Butz, the property owner of 1141 East 8th Street, for the construction of a retaining wall to enhance visibility at the driveway of the property. BE IT FURTHER RESOLVED that the City Council hereby directs the City Clerk to record said Slope and Wall Easement with the San Diego County Recorder's Office. PASSED and ADOPTED this 7th day of August, 2012. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney RECORDING REQUESTED BY City of National City Engineering Department 1243 National City Blvd National City, CA 91950 WHEN RECORDED, MAIL THIS DOCUMENT AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: City of National City Office of the City Clerk 1243 National City Blvd National City, CA 91950 SPACE ABOVE THIS LINE FOR RECORDER'S USE Document transfer tax is $ The undersigned grantor(s) declare(s): SLOPE AND WALL EASMENT 0 A.P.N. 556-417-05 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Loretta C. Butz hereby GRANT(S) to the City of National City, an easement for Slope and Wall purposes as described in attached Exhibit "A" and shown on map attached Exhibit "B" Signature of Grantor(s) DatedQ..e / q U /Z State of California ) County of Sa_naizgx, ) S.S. On the r `I day of Ju. l4 , 20 („2 before me personally appeared /�cL9 L , Fig m Vi /`Q% I JcOr) 1 1 lQ.f , a notary public, Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personjs3'whose name(} is/fir subscribed to the within instrument and acknowledged to me that Ilelshe/1 ey executed the same in.Iiis/her/their authorized capacity(ies), and that by .his/her/their signature on the instrument the personO; or the entity upon behalf of which the personjej acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. (This area for official notarial seal) VIRGINIA MILLER Commission * 187499e Notary Public • California ban pltp Comity EXHIBIT "A" LEGAL DESCRIPTION WALL EASEMENT BUTZ LAND APN 556-417-05 An Easement for Wall purposes over a portion of Block 5 of Copeland Subdivision of 20 Acre Lot 4 in Quarter Section 131 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 615, filed in the office of the County Recorder of said County October 7, 1889 and the westerly 40 feet of "L" Avenue; being a portion granted to Loretta C. Butz as trustee of THE BUTZ TRUST by Trust Transfer Deed recorded January 27, 2009 as Document No. 2009-0038858 of Official Records, described in Parcels as follows: PARCEL A: BEGINNING at the southwest corner of said Butz land being also a point on the northerly right of way of Eighth Street (80 feet wide); thence along the westerly line thereof North 17°44'00" West 2.50 feet; thence leaving said westerly line South 62'56'59" East 3.53 feet to said southerly line and said northerly right of way; thence westerly along said line South 72'03'01" West 2.51 feet to the POINT OF BEGINNING. CONTAINING: 3.1 square feet, more or less. PARCEL B: COMMENCING at the southwest corner of said Butz land being also a point on the northerly right of way of Eighth Street (80 feet wide); thence along the southerly line thereof North 72'03'O1" East 76.58 feet to the TRUE POINT OF BEGINNING; thence continuing North 72'03'01" East 10.95 feet; thence leaving said southerly line North 17'56'59" West 10.94 feet; thence South 27°04'33" West 15.48 feet to the TRUE POINT OF BEGINNING. CONTAINING: 59.9 square feet, more or less. Attached hereto is Exhibit 'B' and by reference is made a part hereof. Prepared by me or under my direction Jo Duquette, L.S RB JN 55-100683 Rev. June 7, 2012 e DUQG<j'q� 0 No. 7566,�, Exp. 12-31.1 . Page 1 of 1 N72°03'01"E 100' 0 0 60' u) EAST LINE BLOCK 40' 1- w I-w 0 J 0 0 BLOCK 5 MAP 615 20 ACRE LOT 4 1 /4 SEC. 131 APN 556-417-05 ELY 60' S 1/2 BLOCK 5 & WLY 40' "L" AVE. (CLOSED) OWNER: BUTZ BY DEED 2009-0038858, O.R. • PCL. A 7 SEE DETAIL A SHEET 2 WALL EASEMENT GRANTED 63.0 S.F. L. B SEE DETAILPB SHEET 2 17.04'33"E 15.48' EXHIBIT IT 76.58' N72°03'01"E 100' POINT OF BEGINNING PCL. A POINT OF COMMENCEMENT PCL. B SW CORNER BUTZ LAND EIGHTH ST SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR SLOPE EASEMENT PORT/ON OF BLOCK 5, MAP 615 QUARTER SECTION 131 NATIONAL CITY, CA COUNTY OF SAN DIEGO CONSULTING SHEET 1 OF 2 SHEETS PLANNING ■ DESIGN • CONSTRUCTION 9755 CL REMONT MESA BOULEVARD, SUITE 100 SAN DIEGO, CALFO IA 92E4-137.4 558.514300D .FAX 858.6143001 •rrwRRBF,c°In REV. JAPE 7, 2012 J.N. 55-100683 IJ o- ' o'`S6. 't o 1 ` s� s9 `L .N N POINT OF BEGINNIN 2.51' N72°03'01"E POINT OF COMMENCEMENT PCL. 8 SW CORNER BUTZ LAND DETAIL A NOT TO SCALE TRUE POINT OF BEGINNING _.— 76.58 EXHIBIT "Bn SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR SLOPE EASEMENT PORTION OF BLOCK 5, MAP 615 QUARTER SECTION 131 NATIONAL CITY, CA COUNTY OF SAN DIEGO PL,:1B. to 45' N72"03'01"E 100.00' DETAIL B NOT TO SCALE CONSULTING SHEET 2 OF 2 SHEETS PLANNING IN DESIGN • CONSTRUCTION 9755 CLAREMONT MESA BOULEVARD, SURE 100 SAN DC -GO, CALFOFMIA 92124-1324 855.614,5090 •F4% 858.614.5001 •wwv28F.com REV. 1M 7, 2012 J.N. 55-100683 Parcel name: 556-417-05 PCL A North: 1827996.063787 Line Course: N 17-44-00.00 W North: 1827998.449761 Line Course: S 62-56-59.00 E North: 1827996.842369 Line Course: S 72-03-01.00 W North: 1827996.069232 Line Course: S 17-44-00.00 E North: 1827996.063707 East : 6301658.464896 Length: 2.5050 East : 6301657.701905 Length: 3.5345 East : 6301660.849759 Length: 2.5087 East : 6301658.463164 Length: 0.0058 East : 6301658.464930 Perimeter: 8.5540 Area: 3.1 sq.ft. 0.00 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.000087 Course: S 22-58-16.08 E Error North: -0.0000802 East : 0.0000340 Precision 1: 98,321.8391 Parcel name: 556-417-05 PCL B North: 1828019.671303 Line Course: N 72-03-01.00 E North: 1828023.046516 Line Course: N 17-56-59.00 W North: 1828033.456129 Line Course: S 27-04-33.48 W North: 1828019.671254 East : 6301731.320153 Length: 10.9520 East : 6301741.739090 Length: 10.9422 East : 6301738.366897 Length: 15.4816 East : 6301731.320115 Perimeter: 37.3756 Area: 59.9 sq.ft. 0.00 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.000062 Course: S 37-48-22.29 W Error North: -0.0000492 East :-0.0000382 Precision 1: 602,835.4639 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 7, 2012 AGENDA ITEM NO. 14 ITEM TITLE: Resolution of the City Council of the City of National City accepting an easement for construction of a retaining wall to enhance visibility at the driveway for 1131 E. 8th Street in National City, from Ronald T. and Guadalupe G. Anderson and authorizing the recordation of a Slope and Wall Easement across Lot 4 of Block 5 of Map 615, Parcel Number 556-417-06. PREPARED BY: Barby Tipton, Project Officer PHONE: 336-4385 EXPLANATION: See attached /) DEPARTMENT: Development Services -Engineering Division APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Slope and Wall Easement Deed 3. Resolution Explanation: As part of the 8`h Street Safety Enhancements (Highland Avenue to Palm Avenue ) Project, the City of National will be installing retaining walls along the frontage of properties on 8'h Street between K Avenue and L Avenue to prevent erosion. In order to enhance visibility at the driveways, two of the properties shall have the wall angel inward. In order to construct the walls, it is necessary to obtain a Slope and Wall Easement from the properties owners. Staff recommends that City Council accept the attached easement and authorize the recordation of such. Page 1 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A SLOPE AND WALL EASEMENT FROM RONALD T. AND GUADALUPE G. ANDERSON FOR CONSTRUCTION OF A RETAINING WALL TO ENHANCE VISIBILITY AT THE DRIVEWAY FOR 1131 EAST 8TH STREET, AND AUTHORIZING THE RECORDATION OF SAID EASEMENT WHEREAS, as part of the 8th Street Safety Enhancements (Highland Avenue to Palm Avenue) Project, the City of National City will be installing retaining walls along the frontage of properties on 8t Street between "K" Avenue and "L" Avenue to prevent erosion; and WHEREAS, In order to enhance visibility at the driveways, two of the properties shall have the wall angel inward, which requires the City to obtain easements from the property owners; and WHEREAS, the property owners of 1131 East 8th Street have executed a Slope and Wall Easement across Lot 4 Block 5 of Map 615, Parcel No. 556-417-06, for the construction of a retaining wall to enhance visibility at the driveway of the property; and WHEREAS, the Traffic Safety Committee approved staffs recommendation at its July 11, 2012 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the acceptance of a Slope and Wall Easement across Lot 4 Block 5 of Map 615, Parcel No. 556-417-06, from Ronald T. and Guadalupe G. Anderson, the property owners of 1131 East 8th Street, for the construction of a retaining wall to enhance visibility at the driveway of the property. BE IT FURTHER RESOLVED that the City Council hereby directs the City Clerk to record said Slope and Wall Easement with the San Diego County Recorder's Office. PASSED and ADOPTED this 7th day of August, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney RECORDING REQUESTED BY City of National City Engineering Department 1243 National City Blvd National City, CA 91950 WHEN RECORDED, MAIL THIS DOCUMENT AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: City of National City Office of the City Clerk 1243 National City Blvd National City, CA 91950 SPACE ABOVE THIS LINE FOR RECORDER'S USE SLOPE AND WALL EASMENT Document transfer tax is $ 0.07) The undersigned grantor(s) declare(s): A.P.N. 556-417-06 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Ronald T. and Guadalupe G. Anderson hereby GRANT(S) to the City of National City, an easement for Slope and Wall purposes as described in attached Exhibit "A" and shown on map attached Exhibit "B" Dated TuL a3Rd ac9Ja- State of Ca]ifomia ) Signature ofGrantor(s) cRQ) T, County of _61440_Ie.r ) S.S. On theta _41day of luJy ,20/Q,before me jt y L. Cy,gek) a notary public, personally appeared_ dd T.wn(l ti_1k &i ) a,.,d �,.a4�,,00i 4nrniel %„i;enecy% Name(s) of Sigfter(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s),5/are subscribed to the within instrument and acknowledged to me that heIshe/they executed the same in 3aisiler/their authorized capacity(ies), and that by hisfher/their signature(;) on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand and official seal. j, (This area for official notarial seal) TIMOTHY L. GIEDO Commission # 1808963 Notary Public - California San Diego County "" My Comm. Ex ices Au 9, 2012 EXHIBIT "A" LEGAL DESCRIPTION WALL EASEMENT ANDERSON LAND APN 556-417-06 An Easement for Wall purposes over a portion of the Southeasterly Quarter of Block 5 of Copeland Subdivision of 20 Acre Lot 4 in Quarter Section 131 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 615, filed in the office of the County Recorder of said County October 7, 1889; being a portion granted to Ronald T. Anderson by Grant Deed recorded November 29, 1979 as Document No. 79-501553 of Official Records, described in parcels as follows: PARCEL A: BEGINNING at the southeast corner of said Anderson land being also a point on the northerly right of way of Eighth Street (80 feet wide); thence along the easterly line of said land North 17'44'00" West 2.50 feet; thence leaving said easterly line North 62'56'59" West 11.94 feet; thence South 17°56'59" East 10.94 feet to the southerly line of said land and the northerly right of way; thence along said line North 72°03'01" East 8.43 feet to the POINT OF BEGINNING. CONTAINING: 56.7 square feet, more or less. PARCEL B: COMMENCING at the southeast corner of said Anderson land being also a point on the northerly right of way of Eighth Street (80 feet wide); thence along the souteherly line of said land and said northerly right of way South 72°03'01" West 16.42 feet to the TRUE POINT OF BEGINNING; thence continuing South 72°03'01" West 10.94 feet; thence leaving said line North 27'03'O1" East 15.48 feet; thence South 17°56'59" East 10.94 feet to the TRUE POINT OF BEGINNING. CONTAINING: 59.9 square feet, more or less. Attached hereto is Exhibit 'B' and by reference is made a part hereof. Prepared by me or under my direction JDuquette, L.S. RB JN 55-100683 Rev. June 7, 2012 Page 1 of 1 EXHIBIT 'IT SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR SLOPE EASEMENT PORTION OF BLOCK 5, MAP 615 QUARTER SECTION 131 NATIONAL CITY, CA COUNTY OF SAN DIEGO N17°44'00"W N72°03'01"E 65' BLOCK 5 MAP 515 20 AC. LOT 4 1 /4 SEC. 131 APN 556-417-06 SE 1/4 BLOCK 5 EXC. ELY 60 ' OWNER: ANDERSON BY DEED 79-501553, O.R. WALL EASEMENT GRANTED 111.6 S.F. S17°44'00"E SEE DETAIL SHEET 2 PCL. A PCL. B S72°03'01"W 65 POINT OF BEGINNING PCL. A SE CORNER ANDERSON LAND EIGHTH ST tp SHEET" 1 OF 2 SHEETS PLANNING • DESIGN ■ CONSTRUCTION 9755 CLAREMONT MESA BOULEYAID, SURE 100 SAN DIEGO, CAI. FOFPIA 92141324 CONSULTING 559.614.500D •FAX 959.6143001 •ww,vRBF.°°m REV..U1E 7, 2012 J.N. 55-100683 _ m orn_ �.In !nr In 'no O — N ° rr z 10.94' —�`— 8.43' 16.42' N72°03'01"E / 65.00' TRUE POINT OF BEGINNING PCL. B DETAIL NOT TO SCALE EXHIBIT °BA SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR SLOPE EASEMENT PORTION OF BLOCK 5, MAP 615 QUARTER SECTION 131 NATIONAL CITY, CA COUNTY OF SAN DIEGO N17°44'00"W 2.50' CANSULTING REV. ,A.NE 7, 2012 POINT OF BEGINNING PCL. A POINT OF COMMENCEMENT PCL. B SE CORNER ANDERSON LAND. PLANNING SHEET 2 OF 2 SHEETS • DESIGN ■ CONSTRUCTION 9755 CLAi¢MCNI MESA BOULEVARD, SUITE 100 SAN DEGO. CALFORJIA 92124-1324 858.6145000 'FAX 933.614.5001 •wwWABF.com J.N. 55-100683 1 Parcel name: 556-417-06 PCL A North: 1827996.063787 Line Course: N 17-44-00.00 W North: 1827998.449761 Line Course: N 62-56-59.00 W North: 1828003.880196 Line Course: S 17-56-59.00 E North: 1827993.470011 Line Course: N 72-03-01.00 E North: 1827996.069252 Line Course: S 17-44-00.03 E North: 1827996.063727 Perimeter: 33.8287 East : 6301658.464896 Length: 2.5050 East : 6301657.701905 Length: 11.9410 East : 6301647.067158 Length: 10.9428 East : 6301650.439535 Length: 8.4341 East : 6301658.463125 Length: 0.0058 East : 6301658.464891 Area: 56.7 sq.ft. 0.00 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.000060 Course: S 04-47-36.65 W Error North: -0.0000602 East :-0.0000051 Precision 1: 563,811.6667 Parcel name: 556-41706 PCL B North: 1827991.010016 Line Course: S 72-03-01.00 W North: 1827987.637639 Line Course: N 27-03-01.00 E North: 1828001.420240 Line Course: S 17-56-59.00 E North: 1827991.010055 Line Course: N 53-07-48.37 E North: 1827991.010055 Perimeter: 37.3611 Area: East : 6301642.845689 Length: 10.9428 East : 6301632.435504 Length: 15.4755 East : 6301639.473331 Length: 10.9428 East : 6301642.845709 Length: 0.0000 East : 6301642.845709 59.9 sq.ft. 0.00 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.000044 Course: N 27-02-59.66 E Error North: 0.0000390 East : 0.0000199 Precision 1: 849,115.9091 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 7,2012 AGENDA ITEM NO. 15 ITEM TITLE: Resolution of the City Council of the City of National City accepting and authorizing the Mayor to sign an encroachment agreement with Norman C. Sutter for the installation and continued maintenance of an awning at 2813 to 2821 Highland Avenue PREPARED BY: Charles Nissley y PHONE: 336-4396 EXPLANATION: See attached DEPARTMENT: Development Services -Engineering Division APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: • 1. Explanation 2. Encroachment Agreement 3. Exhibit A 4. Exhibit B 5. Resolution EXPLANATION Norman C. Sutter, the owner of the property at 2813 through 2821 Highland Avenue, in order to enhance the aesthetics of the commercial building, has proposed to install an ornamental awning to the front of the building. The awning is twenty-seven feet long, two feet wide and two feet high and will be placed with a height of eight feet from the ground to the lowest portion of the awning, as shown in Exhibit "A" of the encroachment agreement. Because the building was constructed with a zero setback along Highland Avenue, the awning when installed, will encroach a two feet into the City reserved Right - of -Way. Norman C. Sutter is requesting that the City enter into an encroachment agreement to allow the installation and continued maintenance of the awning. Staff recommends that Council approve the encroachment Agreement. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT PERMIT AND AGREEMENT WITH NORMAN C. SUTTER FOR THE INSTALLATION OF AND CONTINUED MAINTENANCE OF AN AWNING LOCATED IN THE PUBLIC RIGHT-OF-WAY AT 2813 TO 2821 HIGHLAND AVENUE WHEREAS, Norman C. Sutter, the owner of the property at 2813 through 2821 Highland Avenue, has proposed to install an ornamental awning to the front of the commercial building on the property in order to enhance the aesthetics of the commercial building; and WHEREAS, an Encroachment Permit and Agreement are required for the installation of the awning because the building was constructed with a zero setback along Highland Avenue, and when the awning is installed, it will encroach two feet into the public right- of-way. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Encroachment Permit and Agreement with Norman C. Sutter, the owner of the property at 2813 through 2821 Highland Avenue, for the installation of an awning within the public right-of-way. Said Encroachment Permit and Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of August, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney FEE: $490.00 ENCROACHMENT AGREEMENT (Commercial) This Encroachment Agreement and Permit (Agreement) is entered into this G TM day of 3 i ty , 20 A , by the City of National City, a municipal Business, (City) and Norman C. Sutter (Business). RECITALS A. City holds an easement for a public right-of-way over that portion of the westerly forty feet of the property located at 2813 to 2821 Highland Avenue APN 563 121 0300, referred to herein as the "Easement"; and B. Business desires to construct, install, and maintain an awning (hereafter referred to as the "Encroachment") within theCity's Easement;n conditions for the use of its d C. City has the authority to regulate Easement for the construction, installation, and maintenance of the Encroachment pursuant to Chapter 13.12 of the National City Municipal Code. NOW, THEREFORE, City hereby grants to Business the right to encroach onto the City's Easement, subject to the following terms, covenants and conditions to which Business and City agree: 1. Description of Encroachment. Business owns that certain real property commonly known as 2813 Highland Avenue and more particularly described in Exhibit "A". Business seeks P install, ply construct, and maintain the Encroachment within the Easement or other public of the City of National City, County of San Diego, State of California. The location and description of the Encroachment is described and depicted in "B", attached and incorporated herein. 2. Removal and Relocation. the above described Upon notification in writing by City's City Engineer, Encroachment shall be abandoned, removed or relocated by Business at Business' sole expense. When removal or relocation are required, Business shall return the Easement on which the Encroachment was located to a safe and satisfactory condition in accordance with the construction related conditions and specifications as established by the City according to its standard practice. Should Business fail to remove or relocate the Encroachment within thirty (30) days after notice of removal or relocation from the City, City may cause such removal or relocation to be done at Business' sole cost and expense. 3. Maintenance. Page 1 of 5 Encroachment Agreement - Commercial Business shall maintain the Encroachment and the Easement over which the Encroachment is located in a neat, clean, safe and sanitary condition at all times at the sole cost, risk and responsibility of Business. 4. Recording_ Business shall record this Agreement with the Office of the County Recorder, County of San Diego. Business shall pay the recording fee. This Agreement shall not be effective until it has been recorded and a conformed copy has been delivered to the City Clerk. 5. Successors in interest. This Agreement shall be binding on the assigns and successors of Business. 6. Indemnification and Hold Harmless. Business shall indemnify, defend, and hold harmless City, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising directly or indirectly, in whole or in part, out of the activities of Business described in this Agreement, except to the extent arising from the City's sole intentional or negligent acts. 7. Insurance Business and each successor in interest or assign shall take out and maintain, during the time the Encroachment remains on City's Easement, commercial general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily injury and property damage arising out of this Agreement. This policy shall name City and its officers, agents, and employees as additional insured, and shall constitute primary insurance as to City and its officers, agents and employees, so that any other policies held by City shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days prior written notice to City of cancellation or material change. Prior to commencement of this Agreement, Business shall furnish City a certificate of insurance with original endorsements evidencing the coverage required by this clause. Should Business fail to do so, City may elect to obtain such coverage at Business's expense or immediately terminate this agreement. 8. Bonds. Prior to final execution of this Agreement, Business shall provide City with a performance bond naming City as obligee in the amount equal to one -hundred percent (100%) of value of the construction and installation of the Encroachment within and affecting the Easement to guarantee and assure the faithful performance of Business' obligations under this Agreement. City shall have the right to draw against the bond in the event of a default by Business or in the event that Business fails to meet and fully perform any of its obligations, only after providing Business with notice and an opportunity to cure. The form of the bond shall be subject to reasonable approval of the City Engineer. The bond shall remain in full force until one year after the construction and installation of the Encroachment is completed, inspected and accepted by the City Engineer. The Section Page 2 of 5 Encroachment Agreement - Commercial shall not be construed to eliminate or reduce Business' continuing obligation to repair any damage to the Easement resulting from the installation of the Encroachment. 9. Chapter 13.12 of the National City Municipal Code Business specifically acknowledges and agrees to the terms and conditions applicable to encroachments set forth in Chapter 13.12 of the National City Municipal Code, which are incorporated herein. 10. Acceptance Required. This Agreement is not valid and confers no rights to install and maintain the Encroachment until it is accepted by the Business. 11. Business License Requirement. Business shall obtain a business license from City prior to the execution of this Agreement by City. 12. City's Rights. Business agrees that City's rights to the Easement are paramount to this Agreement. Business shall in no way interfere with City's right to use, access, or possess the Easement. 13. Alterations and Improvements. the Easement. Business shall make no further improvements or alterations affecting In no event shall any improvements or alterations be made or approved that interfere, in any way, with the City's use of the Easement. 14. Damage to Easement. Business shall be responsible for any damage to City's Easement due to the construction, installation or maintenance of the Encroachment, and Business shall repair, replace and restore in kind the damaged Easement in accordance with City standards at Business's sole expense. 15. Termination. This Agreement is terminable at will by the City and by Business. Business shall vacate the Easement at any time upon receipt of a written notice of termination from the City. Additionally, a notice of such termination, recordable in form, may be recorded in the Office of the County Recorder, County of San Diego. 16. Notices. Any notice provided by this Agreement or required by law to be given or served upon City or Business, may be given or served by depositing the same in the United States Mail, postage prepaid, addressed as follows: Page 3 of 5 Encroachment Agreement - Commercial To City: City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 To Business: NCIRrnP1N c•SulTER % t3 t'kt61-1LAN1) AvE NATIbNALGt?y, CAQ195o C(019)'411' c4 /Z 24 hour contact number 17. Entire Agreement. This Agreement contains the entire agreement between the parties and no term or provision may be changed, waived, discharged or terminated unless made in writing and executed by both parties. IN WITNESS THEREOF, the parties have caused this Agreement to be executed in duplicate on the date and year first written herein. Date: Attest: Michael Dalla, City Clerk Agreed as to form: Claudia G. Silva, City Attorney CITY OF NATIONAL CITY Ron Morrison, Mayor Page 4 of 5 Encroachment Agreement - commercial Dated: 3 V l.`I a C 1 a Dated: BUSINESS (57-rsrit\ -Ann Signature PRo*ER't3 NERev's NRGER Title N0RrnAN C SQ'TT e Printed Name Signature Title Printed Name 24 hr. Phone Number ATTACH NOTARY CERTIFICATION FOR THE BUSINESS. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PLAT SHOWING LOCATION OF BUILDING OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED Page 5 of 5 Encroachment Agreement - Commercial CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Sao") (e 0 On 1— 0 — d20(a" before me, Date personally appeared t Marcos Vserf t� Ql� bt r✓. He Name an i the O icer M 0 (map Ono( Ll hr Name(s) of Signer(s) MARCOS VALDEZ Commissloa • 1 2$43 Wiry froblic - Waft So ONp cSu who proved to me on the basis of satisfactory evidence to be the person() whose name(al is/ subscribed to the within instrument and acknowledged to me that he/s ee/thy executed the same in his/Ker/tKeir authorized capacity()ef), and that by his/tArritleeir signature(2' on the instrument the person(2), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han• and o_cial a I. Signature OPTIONAL Though the information could prevelnt fraudulent removal and reattachment relyingow is not required by law, it may prove valuable to persons the document ment of this form toanotherdocumen Signature of Notary Public Place Notary Seat Above Description of Attached Document /� �fA !p� rD Q Title or Type of Document: Fl1G( 0 aVin W1 `�� M' e , en4- Document Date: 1 — 9 — O f _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s)� Signer's Name: NofManc to ks bM ( 6 Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited G General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Number of Pages: 5 Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General LI Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 02007 National Notary An•rriation• 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402• www.NationalNotary.org Item 85907 Reorder, Call Toll -Free 1-800-B76-6827 CERTIFICATE OF INSURANCE This certifies that 0 STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois ® STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois D STATE FARM FIRE AND CASUAL T , COMPANY, Scarborough, Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida ❑ STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: Name of policyholder NORMAN C SUTTER Address of policyholder 2821B HIGHLAND AVE STE 2813-2819 NATIONAL CITY CA 91950 Location of operations SAME BUSINESS POLICY The policies listed below have been issued to the 1 yh trier for the policy periods shown Theinsurance described in these policies is LIMITS OF LIABILITY (at beginning of policy period) BODILY INJURY AND PROPERTY DAMAGE pco Description of operations h . subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. POUCY PERIOD Effective Date i Expiration Date POUCY NUMBER 90-BX-M798-2 90-BX-M798-2 This insurance includes: TYPE OF INSURANCE Comprehensive Business Liability 05/11/2012 05/11/2012 05/11/2013 05/11/2013 Products - Completed Operations ® Contractual Liability ❑ Underground Hazard Coverage Personal injury, Advertising Injury ❑ Explosion Hazard Coverage ❑ Collapse Hazard Coverage EMPLACEMENT COST ON COVERED ITEMS BUILDING IMPROVEMENT COVERAGE POLICY PERIOD Effective Date ; Expiration Date Iq EXCESS LIABILITY ❑ Umbrella ❑ Other Workers' Compensation and Employers Liability POLICY NUMBER 90-BX-t4798-2 TYPE OF INSURANCE BUSINESS PROP BUILDING COV POLICY PERIOD Effective Date i Expiration Date 05/11/2012 j 05/11/2012 Each Occurrence General Aggregate $ 3,000,000 $ 6,000,000 Products — Completed $ Operations Aggregate BODILY INJURY AND PROPERTY DAMAGE (Combined Single Limit) Each Occurrence $ Aggregate $ Part 1 STATUTORY Part 2 BODILY INJURY Each Accident Disease Each Employee $ Disease - Policy Limit $ LIMITS OF LIABILITY (at beginning of policy period) 05/11I2013 NONE' 05/11/2011 e451,400 90-BX-M198-2 4 I AMENDS,TH E CERTIFICATE OFINS URANCE IS NOT ACONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY ENDOEEXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POUCY DESCRIBEDy the described policies are canceled before ENDLENDERSORSEMENTS its expiration date, State Farm will try to mail a written -38ENU IMPO LOSS T5 AND EE END.notice to TENANTS IMPORVEPtENTS. AND BETTERMENTS COVERAGE lder 30 days before cancellation hIf however, weofail to mail such notice, no obligation or liability will be imposed on State Fa or its agents or ent: =s. Name and Address of Certificate Holder ADD'L INSURED: CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 556.994 8.3 04-1999 Punted in U.SA Sig cure of Authorized Re = : ntaeve LORENA LOERA Title Agent's Code Stamp AFO Code 410 05/21/2012 Date 10 00 CO rip it mt.irti if #11****# # korr* ye otbionaiw Crart4 .41F rfri" VlifiterftW titio 'DOM SINITIVVINS TONOZ4erd'f rill Pen arterkr= Ceerkgr b$1,91 Mt:Am Pittltsitmi Sivt urif god* AWN t NOLl.worfl tee - CIA* 1.0arotter so, iat aco.~8 **kat omit* iitttoittrioittivaide.ti #64# 0.1.1*. vow*. 4.1 VOW tow. qrsorm 41. lam* Iwo,* m:Moat' 7.1 Et,i Y3 '140 AvP limos wire( wvi Imokti 2T 4f reie- 140041e43 fRAIlf 13..12,44:n 114.1r 1S. 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Svitan11,..101.1.4.••••••• i12.64152.00.214" iliffmwrifr amiliao ow" atirroeff AWNING F FAME SECTION OETNI. 404- i IV' Pik --- V.lk ......4tato 1,141111fatfft I WHO Iir - 71.4'121-T2 IOW tsafity evel 2.Kr)1.11116ifkr 24'2 4' !WIZ We 41 kowiso• 124A, nk.diro• a Potamict. no. 0% 3:00 44411 SYPi 404100 arieltS2 I 1 1:14014.dit n APIMOVALSKTUREs CLIENT; LANDLOREP DOIMOKIL , NIC-61,4C grAt A$ MINED PAGE i Of 04 4.4mm: 1,..• one* *woo. do..A.mowor 10-460011.01atf. bap orarralfie pwarowit Iwo froalitamorobwori. rsaleYrif 19/044/2*. :worm& e MO& • app•• 6•41441, 1.4 onfr.• 4g 4 Yere411.14400.00.4,111.1.01,er .feS 4.0 iv0.24.04s 215/ .402 *Wt.. •••01•4 Mei I•••Ng EXHIBIT B A portion of Highland Avenue 2 Feet in width and 75 feet in length in 20 Acre Lot 3 of Quarter Section 134 of RANCHO DE LA NACION, in the City of National City, County of San Diego, State of California, according to the Map thereof No. 166, filed in the Office of the Recorder of said San Diego County, described as follows: Beginning at a point on the Easterly line of Highland Avenue that is 210 feet Northerly from the Northwest corner of Lot 1, Block 1 of Irving Place, according to the Map thereof No. 1552, and filed in the Office of the Recorder of said San Diego County; thence Westerly at right angles a distance of 2 feet; thence Northerly along a line that is 2 feet West of and parallel to the Easterly line of Highland Avenue a distance of 75 feet; thence Easterly at right angles a distance of 2 feet to a point on the Easterly line of Highland Avenue; thence South along the Easterly line of Highland Avenue a distance of 75 feet to the Point of Beginning. i2 FT\ APN 563 121 0300 AREA OF ENCROADNENT INTO HOUND AVENUE PER PARCEL vAP BOOK 563-12 THE NW 4 OF THE WILY 2 Or 20 ACRE LOT 3 OF QTR SEC 134 r 10 A A D \ 56.5 121 0300 SEA OF ENCROACHME\T INTO HIGHLAND AVENUE CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT fiEETING DATE: August 7, 2012 AGENDA ITEM NO, 16 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the purchase and build -out of one (1) 2012 Ford Econoline turn -key surveillance van in the amount of $145,284.25 and waiving the formal bid process per Section 12 of Purchasing Ordinance #1480, and Chapters 2.60.220(d) and 2.60.260 of the Municipal Code, and authorize the City (Buyer) to piggyback on the County of Blount, Tennessee's Bid #2010-2119, and award the purchase and build -out of from AEP California, LLC. PREPARED BY: Parris Bull, Police Sergeant DEPARTMENT: Police PHONE: (619) 336-4524 %APPROVED BY: EXPLANATION: ��� -/ The City of National City was awarded funds from Department of Homeland Security to purchase a turn- key 2012 Ford Econoline E-350 surveillance van via the FY 2010 Operation Stonegarden grant per Resolution #2011-22. Operation Stonegarden is designed to enhance law enforcement preparedness and operational readiness along the land and water borders of the United States and to address cross - border crimes in the region. Sworn personnel will utilize the surveillance van when needed to conduct covert operations, surveillances and special investigations. It is requested the City Council waive the formal bidding requirements as allowed in Section 12 of Purchasing Ordinance #1480 and Chapters 2.60.220(d) and 2.60.260 of the Municipal Code, and authorize the City Buyer to piggyback on the Blount County Sheriffs Office's Bid (No. 2010-2119) with * EP California, LLC. AEP is the only vendor locally that supplies surveillance platforms to law enforcement agencies. Piggybacking will shorten the delivery time since the grant is scheduled to expire in April 2013 and the van must be delivered to meet the terms of the gr, FINANCIAL STATEMENT: ACCOUNT NO. 290-411-624-511-0000 290-411-633-511-0000 131-411-000-511-0000 ENVIRONMENTAL REVIEW: Not Applicable ORDINANCE: INTRODUCTION: APPROVED: (2010 Stonegarden) APPROVED: (2010 Stonegarden) (Asset Forfeiture) FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: EP California LLC Bid Proposal (No. SD-2442) Blount County, Tennessee Bid Documents (No. 2010-2119) RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BIDDING PROCEDURE AND AWARDING THE PURCHASE AND BUILD -OUT OF ONE 2012 FORD ECONOLINE TURN -KEY SURVEILLANCE VAN FOR THE POLICE DEPARTMENT FOR AN AMOUNT NOT TO EXCEED $145,284.25 FROM AEP CALIFORNIA, LLC, USING FUNDS FROM THE FY 2010 OPERATION STONEGARDEN GRANT THROUGH A COOPERATIVE PURCHASE WHEREAS, the City of National City was awarded an Operation Stonegarden Grant funds in the amount of $657,030 from the Department of Homeland Security for the purchase of programmatic operations ($337,480) and equipment ($319,550) for the Police Department; and WHEREAS, on February 1, 2011, the City Council adopted Resolution No. 2011-22, appropriating funds for the purchase of equipment, including police vehicles, a remote camera system, communications equipment and upgrades, and tactical equipment for the Police Department that will be reimbursed from the FY 2010 Operation Stonegarden Grant funds; and WHEREAS, the Police Department desires to use Operation Stonegarden Grant funds in the not to exceed amount of $145,284.25 for the purchase and build -out of one 2012 Ford Econoline turn -key surveillance van from AEP California, LLC, ("AEP"), the only company locally that supplies surveillance platforms to law enforcement agencies; and WHEREAS, in May, 2011, Blount County, Tennessee, awarded Bid No. 2010- 2119 to AEP for a turn -key surveillance van for the amount of $175,276.05; and WHEREAS, the Operation Stonegarden grant is a reimbursable grant program that requires the City to purchase and build -out the van prior to the deadline of April 30, 2013, before requesting the reimbursement from the San Diego County Sherriff's Department which is coordinating the 2010 Operation Stonegarden Grant reimbursement requests; and WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with National City's procurement procedures, and the City has made such a determination in this case. It is therefore recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the determination that Blount County, Tennessee's procurement procedures are in substantial compliance with the City of National City's, and pursuant to Section 2.60.260 of the Municipal Code, authorizes the waiver of the bidding process for the purchase of one 2012 Ford Econoline turn -key surveillance van from AEP California, LLC, for the not to exceed amount of $145,284.25. --- Signature Page to Follow --- Resolution No. 2012 — Page Two PASSED and ADOPTED this 7th day of August, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney AEP California LLC 10729 Wheatlands Avenue Santee CA 92071 NAME/ADDRESS National City Police Department Attn: LT David Espiritu, (619) 336-4491 1200 National City Blvd National City, CA 91950-6530 URCHASE ORDER 11 TERMS QUOTE VALID REP ITEM 2012 Ford E-350 AEP-S V 1-TEAM PROTEC.. Net 30 Bid Proposal VEHICLE 6/30/2012 AS E350 DESCRIPTION 2012 Ford Econoline Extended Cargo Van Commercial (S3E), (138WB) 138" wheel base, Oxford white paint, (99L) 5.4L Triton V8, (44Q) 4-Speed automatic transmission with overdrive, (X34) 3.73 axle ratio, (20N) 9,5001b GVWR payload package, (T38) LT245/75R15E tires with full size spare, (STDWL) 16"x7" steel wheels, (425) 50-State emission system, (211) dual vinyl bucket seats, (587) AM/FM radio with 2 speakers, (178) fixed side and rear cargo door glass, (153) license plate bracket, (90F) power group with power door locks and power windows. Interior: AE medium flint. Exterior: YZ Oxford white 6-view team protection camera package with the following components. (1) front facing black/white ultra low lux camera embedded into a special day/night rear view mirror. (2) side view facing black/white ultra low -lux cameras embedded into replacement side mounted minors, (2) side view facing black/white ultra low -lux cameras concealed in the roof rack and (1) rear view facing black/white ultra low -lux cameras concealed in the rear OEM glass window. All cameras will be viewed and recorded on the NVR and the live -view matrix monitor. Includes all related components and installation labor. Build Typ Surveillance Van QTY TOTAL 25,000.00T 3,890.00T Subtotal Thawl2 you for uour i,wc(uaru. As1. u�our Accouwt Mawager about our GoverwvA.ewt Prograwt! Sales Tax (8.75%) TOTAL Web Site www.SoncellNA.com Phone Number 619-596-1925 Fax Number 619-596-1909 E-Mail Address Adam.Serr@Soncel INA.com Page 1 AEP California LLC 10729 Wheatlands Avenue Santee CA 92071 NAME/ADDRESS National City Police Department Attn: LT David Espiritu, (619) 336-4491 1200 National City Blvd National City, CA 91950-6530 PURCHASE ORDER # TERMS QUOTE VALID REP VEHICLE Bid Proposal DATE BID 6/4/2012 SD-2442 J Net 30 6/30/2012 AS E350 ITEM DESCRIPTION AEP-SV 1-R5SCOPE-PKG.... AEP-SV1-INT CAMERA-K... AEP-SVI-LIVE VIEW MO... Intelliscope roof mounted surveillance camera package with the following components. (1) 5th generation Intelliscope roof mounted scope with RS-485 accessible scope controller to allow for IP remote control of scope functions. Package includes 10-300mm motorized zoom lens with quick release lens cage mount and color hi -resolution day/night camera with 600 lines of resolution and 0.00001 lux low light performance. Scope camera will be viewed and recorded ion the NVR and the live -view matrix monitor. Includes all related components and installation labor. Interior surveillance camera kit for camera mounting and connections at the front, side and rear camera view ports. Kit includes the following components: (3) camera I/O connector plates (video, RS-485 control, power and PoE Ethernet), (3) vehicle mounted camera mounting posts, (2) complete Manfrotto magic arm camera mounts and (1) Day/Night box camera with 43X optical zoom. All cameras will be viewed and recorded on the NVR and the live -view matrix monitor. Includes all related components and installation labor. (Existing and additional cameras can be added to this system) Live -View video monitoring system to include (1) 19" 7U rack mount 720p monitor connected to NVR for multi matrix live view of all cameras on network including team protection cameras. Monitor will be supplied with VGA input connector for connection to laptop computer. Includes all related components and installation labor. QTY 1 1 Build Typ Surveillance Van TOTAL 18,090.00T 2,855.00T 1,590.00T Subtotal ThOnA,l} IUou for tuour Asltz uuOur Accouwt MAwgroer ninout our C,oVerruruewt Lects(wS ProSrm4t! Sales Tax (8.75%) TOTAL Web Site www.SoncellNA.com Phone Number 619-596-1925 Fax Number 619-596-1909 E-Mail Address Adam.Serr@SoncelINA.com Page 2 AEP California LLC 10729 Wheatlands Avenue Santee CA 92071 NAME/ADDRESS National City Police Department Attn: LT David Espiritu, (619) 336-4491 1200 National City Blvd National City, CA 91950-6530 Bid Proposal DATE BID 6/4/2012 SD-2442 J URCHASE ORDER # TERMS QUOTE VALID REP VEHICLE Build Typ ITEM AEP-SV1-PC-NVR-PKG AEP-SV1-NETWORK-PKG Net 30 6/30/2012 DESCRIPTION AS E350 Surveillance Van Mobile PC/NVR package to support all computing and network video recording requirements of the base surveillance package. Package includes the following: GeoVision Network Video Recording software with 2-Camera IP license and (3) 4-Channel H.264 video servers, GeoVision camera PTZ joy stick, (2) rack mounted 19" wide-screen touch -screen monitors with voltage regulators, wireless mouse and keyboard and rack mount mobile PC with Intel i7 Core processor with Dual Hard Drives (180 Solid -State Primary and 1TB 7200RPM HHD Secondary Drive) and DVD Writer, Includes 1-year Norton Total Protection and Microsoft Office 2010. Includes all related components and installation labor. Tactical surveillance van network package to include the following: Cradlepoint 3G/4G broadband router and wireless access point with connection of up to (2) department provided air cards and (2) concealed mount 3G/4G aircard antennas, powered USB hub and cables to support all connected components and (4) work station mounted USB hubs, PoE network switch to support all connected components and IP cameras and a Brother multi -function copier/scanner/printer. Includes all related components and installation labor. QTY TOTAL 1 10,900.00T 8,050.00T Subtotal Thawl2 IJJo c for Dour I wG(uaYIJ. Ask. IJJour Accoltvt Mawagg&v about our coverwvu.ewt L-eastwc0 'Pro0ravu.! Sales Tax (8.75%) TOTAL Web Site www.SoncellNA.com Rion Number 619-596-1925 Fax Number 619-596-1909 E-Moil Address Adam.Serr@SoncellNA.com Page 3 AEP California LLC 10729 Wheatlands Avenue Santee CA 92071 NAME/ADDRESS National City Police Department Attn: LT David Espiritu, (619) 336-4491 1200 National City Blvd National City, CA 91950-6530 Bid Proposal DATE BID 6/4/2012 SD-2442 URCHASE ORDER # TERMS QUOTE VALID REP VEHICLE Build Type ITEM AEP-SV1-RACK AEP-SV I-AUDIO-PKG Net 30 6/30/2012 DESCRIPTION AS E350 Surveillance Van Roof Rack system to support concealed cameras, microphones and antennas. Rack will be specially constructed to support surveillance applications and have appearance of industry standard roof ladder rack. Each upright support will conceal a B/W pinhole team protection camera or microphone. The rack will support a 6" conduit tube for the concealed mounting of all remote antennas. Antenna ground planes will be pre -wired for future use antennas. Includes all related components and installation labor. Audio recording and monitoring package to included the following components: (2) exterior mounted team protection microphones with mix mixer, rack mounted 4-channel audio monitoring sound bar with individual audio levels and muting buttons, head phones, mobile radio scanner for receiving signals from body mic with stand-alone rack mounted audio recorder. All audio sources will be connected to the NVR (network Video Recorder). A rack mounted switcher will allow user to select audio source for the interior mounted cameras and the scope camera. An additional rack mounted audio input connector will be supplied to connection of existing and future equipment. Includes all related components and installation labor. Surveillance Van QTY TOTAL 5,150.00T 4,165.00T Subtotal rhay.Ie you for our i-N,cuuarl�. Asl2 DourAccovvt mtaK,ager about our (overwvuewt Leas%wc3 Program! Sales Tax (8.75%) TOTAL Web Site www.SoncellNA.com Phone Number 619-596-1925 Fax Number 619-596-1909 E-Mail Acdress Adam.Serr@SoncelINA.com Page 4 l AEP California LLC 10729 Wheatlands Avenue Santee CA 92071 NAME/ADDRESS National City Police Department Attn: LT David Espiritu, (619) 336-4491 1200 National City Blvd National City, CA 91950-6530 Bid Proposal DATE BID 6/4/2012 SD-2442 •URCHASE ORDER # TERMS I QUOTE VALID REP VEHICLE Build Typ: ITEM AEP-SVI-BASE-POWER AEP-SV 1-INTERIOR AEP-SV 1-W S-SEAT AEP-SVI-EXTFORDVAN-.. Net 30 6/30/2012 DESCRIPTION AS E350 Base AC/DC power system for surveillance applications including the following components: 300-amp high output alternator, AGM starting battery with 1-amp dedicated charger, (3) 8D auxiliary batteries with battery trays, 2800-Watt pure sine wave AC inverter with remote control panel, 125-Amp DC charger with hidden AC input connector, 500-Amp DC power panel, AC/DC switching, metering and control panels, rack mounted fuse block and all required battery cables, terminals and connectors. Includes all related components and installation labor. Ford E Series van interior package for use in C4ISR / Surveillance van figuration. Includes: Thermal and acoustic insulation system, all interior wall and ceiling carpeted panels, rubber LonCoin flooring, partition with locking door, air circulation fans and LED interior lighting. Includes all related components and installation labor. 6-Way adjustable captain's chair mounted at work station. includes seat belts and swivel pedestal, charcoal gray. Includes all related components and installation labor. Ford E-Series extended van street side workstation. Includes anodized aluminum rack with 70U Rackspace, 1U LED rack light, locking file drawer,(1) 2U drawer, (2) 3U drawers, (1) 4U drawer, Rack rails, slide out work desk, slide tray and mount for printer, all required rack blanks and hardware, CO detector, rack ventilation fan, locations for 12VDC and 120 VAC power outlets, mounting compartment for air conditioning system (AC system sold separate) and all related components and installation labor. 1 Surveillance Van TOTAL 16,995.00T 12,235.00T 1,160.00T 9,985.00T Subtotal TrlAwlR, ou for Dour Lwalka Asl2 uourAccouwt MAwneev About our Cloverwwt.ewt L-easLvtO ProerAwt! Sales Tax (8.75%) TOTAL Web Site www.SoncellNA.com Phone Number 619-596-1925 Fax Number 619-596-1909 E-Mail Address Adam.Serr@Sonc,eIINA.com Page 5 AEP California LLC 10729 Wheatlands Avenue Santee CA 92071 NAME / ADDRESS National City Police Department Attn: LT David Espiritu, (619) 336-4491 1200 National City Blvd National City, CA 91950-6530 Bid Proposal DATE 61D 6/4/2012 SD-2442 'URCHASE ORDER # TERMS QUOTE VALID REP VEHICLE Build Type Net 30 6/30/2012 AS E350 Surveillance Van ITEM DESCRIPTION QTY TOTAL AEP-SV I -BENCH AEP-SV I -AIR-KIT Python 1601 25614 MISC MISC Freight Seating bench for Ford E350 extended cargo van. Curbside over wheel well. Includes powder coated pedestal, upholstered seat base and back panel, storage in base for 3 x 8D AGM batteries, inverter mounting location, 19" rear rack mount for DC Power panel, fold down backrest to allow access to storage area and weapon rack if equipped with one. Includes all related components and installation labor. 7,000 BTU air conditioner kit with thermostat controller and air vents mounted in the work station. Includes a 3-gallon condensation reservoir system with interior level indicator and drain valve. Air conditioner system operates on 120 VAC and requires the inverter in the base power package. Includes all related components and installation labor. Security system with remote start. Includes all related components and installation labor. Fire Extinguisher, 5LB ABC Dry Chem, Vehicle Mounting Bracket Documentation and training materials for surveillance van 16 hours of Training on Van Operation. Training at AEP-CA Freight 1 1 5,650.00T 5,325.00T 875.00T 55.00T 250.00T 995.00 500.00 Subtotal $133,715.00 Tl.iawle, uou for uour ivLauarl�. AS . our Accouwt Mawager about our etoverikvu.evvt Leasi ws 'Prod ra vu.! Sales Tax (8.75%) $11,569.25 TOTAL $145,284.25 Web Site www.SoncellNA.com Phone Number 619-596-1925 Fax Number 619-596-1909 E-Muil Address Adam.Serr@SoncelINA.com Page 6 Bid Number 2010-2119 Bid Title: Turn -Key Surveillance Van for Blount County Sheriffs Office Date Opening: March 16, 2011 CO 1:30 PM The information recorded here a verified prior to award. Bid Record AWARDED TO: American Emergency Products CONTRACT DATES: 5/17/11-Completion Bid Witness: Company Name Address 1 Address 2 City, State Zip Code Description of Bid Items: Gerling & Associates 138 Stelzer Court Sunbury, OH 43074 Sirchie Finger Print Labs 612 Gravelly Hollow Road Medford, NJ 08055 American Emergency Products 10729 Wheatland Ave Santee, CA 92021 Specialty Vehicle Solutions 1475 Prospect St Trenton, NJ 08638 1.2011 Ford E350 Cargo Van: See total $22,982.00 $26,990.38 $30,805.60 2. Surveillance up -fitting package to include all training, delivery, outfitting parts and labor, warranty and Inspection visit expenses: included $156,072.00 $148,285.67 $99,047.09 TOTAL: 5197,640.00 $179,054.00 $175,276.05 6129,852.69 Optional 3. Extended warranty and support program annual cost 52,500.00 $3,250.00 $8,200.00 $6,492.63 Length of time these prices are valid from the bid deadline date: 150 days ARO 60 days 30 days 1 year INVITATION TO BID AND CONTRACT AWARD BLOUNT COUNTY PURCHASING DEPARTMENT 385 COURT STREET MARYVILLE, TENNESSEE 37804-5906 INVITATION TO BID I Amerlaa.n Emer0ency Prdduc4-> , TABLE OF CONTENTS Page 1 invitation to Bid Pages 2 - 5 Terms and Conditions Page 6 - 7 Introduction and General Provisions Page 8 - 16 Scope of Work and Installation Page 17 - 32 Vehicle Specifications Page 32 - 33 Training and Meetings Page 33 - 34 Warranty Page 35 - 37 Vendor Information Statement Page 38 Pricing Page 39 Bid Submittal Checklist Page 40 Insurance Checklist Page 41 Title VI Page 42 Form W-9 RETURN BID IN SEALED ENVELOPE (Bidder to complete all blanks) The undersigned agrees, if this bid is accepted within the time frame specified herein, to fumish all supplies lservices described or specified, at the prices quoted beside each item in strict accordance with the bid specifications. Delivery shall be made within 12 0 days after receipt of notice to proceed or receipt of a Blount County Purchase Order signed by the Purchasing Agent and County Financial Officer. Payment Terms shall be • % 3 0 /N3 bays (Offers of less than 20 days will not erect in bid evaluation) Authorized Sign Allen Johnston, General Manager Print Name and The 3/10/2011 (619) 596-1925 Date and Phone Number PUBLIC OPENING OF AU. BIDS 1VLL BE HELD AT THE DATE AND TIME LISTED IN THE PURCHASING DEPARTMENT, ROOM 319, AT THE BLOUNT COUNTY COURTHOUSE 385 COURT STREET, MARYVILLE, TN 37804-5906. Bid No: 2010-2119 Title: Turn -Key Surveillance Van for the Blount County Sheriff's Office Bid Deadline Date & Time: March 16, 2011 at 1:30 p.m. Buyer: Valerie Cunningham, Buyer Prone: (865) 273-5740 F.O.B. Point - Destination: Blount County Sheriffs Office 940 E. Lamar Alexander Pkwy, Maryville, TN 37804 CONTRACT TYPE 2 One Time Purchase Date Issued: February 23. 2011 SAMPLES and DESCRIPTIVE LITERATURE O To be submitted as specified: See page 39, Bid Submittal Checklist To be completed by Blount County upon contract award: BLOUNT COUNTY, TENNESSEE General Conditions and Instructions to Bidders are incorporated herein by reference. CONTRACT AWARD Date: 5/J 7 / I I Contract No: a0! 0 - I I Contract Period 5h'1 i1! to Contpkh'en The above bid is accepted in the amount of $ /75y 2'7 (a. OS as pertains to item(s) Pc r 1' t cl d a C urn t nfis Authorization to furnish supplies/services will be made via: Purchase Order or Blanket Order as appropriate, signed by the County Purchasing Agent or other designated personnel. BLOUNT COUNTY, TENNESSEE March 10, 2011 ITB-2010-2119 Good day, Thank you for the opportunity to provide a proposal for your tactical surveillance van solicitation. The enclosed submittal meets all of your specifications addressed in the Invitation to Bid and we are very confident you will find our offerings, and our ongoing service and support of your team to be of the highest caliber. There are only two areas where we feel the need to describe potential variables that could impact this proposal. 1. We have quoted the radio system exactly as described in the ITB and with the options that we feel are needed to meet your radio system requirements. We do not anticipate their being any additional options required but in the event there are fewer options required, we would reduce the cost of radios by that amount. We have included a detailed radio specification sheet to enable review by your team. This sheet is located directly behind the Table of Contents found on the next page. 2. As van inventory is dynamic, and the exact date of award unknown, we must look at dealership stock as of today when determining the timeline for this project. In the event there is a delay in award or inventory changes, we will need to address delivery schedule or vehicle options accordingly. If none are available with exact options, we can source sliding side door vans readily or can place a Build -To -Order purchase with Ford. The latter requires approximately 10-12 week lead time. Much of the van build -out and equipment can be pre -assembled in anticipation of delivery to our facility. This would enable us not increasing the build schedule by the entire BTO lead time. It would however add several weeks. Please contact me directly should you have any questions, concerns or require additional information to aid in your decision. We look forward to the potential to serve your department. Best regards, Allen Johnston General Manager Specialty Vehicles / Advanced Technologies Office: 619.596.1925 Mobile:619.933.3232 Allen.iohnstone.soncelina.com a,Nt 1,11 P.s.1i I.III A1,11-1:1i •1 March 10, 2011 ITB-2010-2119 Surveillance Van Radio Specifications 4.11 Radio Specifications F1UITUTHIS MOST W$G FUTJ:T it6 We have quoted this project based on the following radios specifications extracted from your bid. This includes the options and components we anticipate being acceptable by the department. If there are options the agency does not utilize we will reduce our costing to reflect. ►escrintion 2 M21 URM9PW 1 N MOTOROLA XTL2500 MOBILE RADIO 800 & 700 MHz, 870 TALKGROUPS, DASH MOUrTT 10-36 WATTS, ALPHANUMERIC DISPLAY WITH 4 LINES 14 CHARACTERS EACH, PALM MICROPHONE, SPEAKER • 2 G806 DIGITAL & ANALOG SOFTWARE 2 G61 800M1tr SMARTZONE SOFTWARE 2 G114 DIGITAL ID DISPLAY 2 G89 DELETE STANDARD ANTENNA 1I4 WAVE 800MHz 2 0444 CONTROL HEAD SOFTWARE 2 G442 X112500 CONTROL HEAD 2 6361 PROJECT 25 3800 & 9800 INTEROPERABILITY TURT4KING SOFTWARE 2 G66 DASH MOUNT 2 W22 STANDARD PALM MICROPHONE 2 618 SPEAKER 5 WATT 2 G159 UCM ENCRYPTION HARDWARE 2 W969 MULIIKEY ENCRYPTION 2 G113 ADP ENCRYPTION Turn -Key Surveillance Van for the Blount County Sheriff's Office Terms And Conditions of the Invitation To Bid 10. BID DEPOSITS 0 Bid deposit not required • 0 Bid deposit required — note the following: The bidder will furnish a bid deposit in the form of a bond, certified check, company or personal check, cash or bank draft in the amount of — made payable to the Blount County Trustee, for the measure of the liquidated damages which the County will sustain and the proceeds thereof will become property of the County if for any reason the bidder: (A) Withdraws his bid after the opening of the bids and prior to the time a formal Witten agreement evidencing the contract has been signed and delivered to the County, whether or not the bidder at the time of such withdrawal has been designated as a successful bidder or (B) Upon written notification of the award of contract to him, he fails to properly sign and deliver to the County within --- days a Performance Bond, if required; and the written agreement, formally evidencing the times of the Invitation to bids and his bid as submitted. The bidder further agrees that the County will have the right to retain the bid deposit for a period of sixty (60) days from the date of the opening of the bids. The bidder does further agree the amount of the bid deposits set down herein before to be firm for the above named period. At the expiration of said time, or earlier at the option of the County, said bid deposit will be returned to the bidder unless said bid deposit has become the property of the County as liquidated damages for one the reasons stipulated. I I • PERFORMANCE AND PAYMENT BOND 0 Performance and Payment Bond r= required 0 Performance and Payment Bond required — note the following: The successful bidder will furnish a Performance and Payment Bond made payable to Blount County Trustee in the form of a bond, certified check, cash or bank draft of equal amount to the bid. This bond, in part or all, is to be forfeited to the County in the event that the terms of the Contract are not met in total by the successful bidder. 12. COMPLIANCE WITH LAWS The bidder shall comply with all laws relating to sale of and purchases by County Governments insofar as they pertain to the purchase made under this contract. 13, QUALIFICATIONS OF BIDDERS The County may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish all such information and data for this purpose as the County may request. The County reserves the right to reject any bid if the evidence submitted by or investigation of such bidder fails to satisfy the County that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein, 14. SUBCONTRACTS The bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract must be acceptable to and approved by the County. 15. MATERIAL AVAILABILITY Bidders must accept responsibility for verification of material availability, production schedules and other pertinent data prior to submission of bid and delivery time. It is the responsibility of the bidder to notify the County liaison immediately if material specified is discontinued, replaced, or not available for an extended period of time. 16. DELIVERY Indicate delivery in calendar days after receipt of order 120 This delivery is firm and must be met. Invitation for extensions will not be considered except as noted under Clause 9 under Terms and Conditions of Purchase. Performance bonds, when required, will be assessed for late delivery. Delivery will be f.o.b. destination;. this will apply to regular and normal stock items and special items which must be ordered direct from manufacturer. Delivery f.o.b. destination will be to the following location: (See F.O.B. Point— Page 1). 17. FEDERAL TAX AND STATE SALES TAX Purchases by the County are not subject to any state sales or federal excise taxes. Exemption certificates shall be furnished by the County upon the Contractor's request. 18. GUARANTEE The bidder guarantees that the item is of first quality throughout and complies in all respects to the standards regularly sold by the manufacturer in the lines ordered. All items to be guaranteed for one year after date of acceptance or if the manufacturer prescribes a guarantee of greater duration, the latter time period of the guarantee will control. 19. PLEASE NOTE Blount County does not accept bids by facsimile or any electronic transmission. Bid# 2010-2119 3 Turn -key Surveillance Van for the Blount County Sheriff's Office Introduction and General Provisions 1.0 Objective The Blount County Sheriff's Office (hereinafter referred to as Department) is seeking a turn -key surveillance van in accordance with the provisions, specifications, and solicitation instructions set forth in this Invitation to Bid (ITB). The selected vendor shall have the capability to support the design, installation, and ongoing support of this vehicle. 1.1 Purpose The purpose of this document is to provide the bidding contractor with an overall statement of work for the expected vehicle up -fitting requirements and required capabilities sought by the Department for the turn -key surveillance van. This document will identify specifications, guidelines, and installation standards that the successful contractor will be required to perform to meet the expectations of the Department. 1.2 Contract Term Prices are to become effective as of the execution and throughout the term of the agreement as of the result of this Invitation to Bid. 1.3 Evaluation Procedures Bids will be evaluated by an internal review committee comprised of staff from the Blount County Purchasing Department, Blount County Sheriff's Office and Fifth Judicial Drug Task Force. All bids will be evaluated using the same criteria. The evaluation factors reflect a wide range of considerations. While cost is important, other factors are also significant. Consequently, Blount County will not automatically select the bidder with the lowest cost. The objective is to choose the contractor capable of providing quality services that will help the Department achieve the goals and objectives of the requested services within a reasonable budget. Blount County reserves the right to award on any basis which is in the best interest of the county. Evaluation Criteria will include: • Responsiveness / Completeness of Invitation to Bid: All forms completed; all requested items are submitted. Vendor's bid is clearly outlined in an easily comprehendible manner. • Conformity to the Specifications: Meets or exceeds the requirements set forth in the specification in relation to installation. Any exceptions must have prior approval. • Cost of Equipment and Installation: Competitive pricing for the equipment and installation services. • Warranty Support and Service Offerings: Warranty support as a factory authorized service center; Warranty policy for both in and out of warranty repairs that best meets the needs of the Deportment. Bid #2010-2119 6 Turn -key Surveillance Van for the Blount County Sheriffs Office • References and Experience: Bidder's reputation with current and past customers; testimonial from references regarding their experience with the installation and servicing of contracts with similar scope and scale; Years of experience. • Value Adding Services: Additional products and services which will be of benefit to the Department. 1.4 Assignment of Contractual Rights It is agreed that the contract must not be assigned, transferred, conveyed, or otherwise disposed of by either party in any manner, unless approved in writing by the other party. The contractor will be an independent service provider for all purposes and no agency, either expressed or implied, exists. 1.5 Conditions of Submittal 1. No bid will be accepted from any person, firm or corporation that is in arrears for any obligation to the Department, or that otherwise may be deemed irresponsible or unresponsive by the Department staff. 2. All bids shall be prepared in a comprehensive manner as to content, but no necessity exists for expensive binders or promotional material. 1.7 Authorization to Do Business in Tennessee Non -Tennessee resident companies wishing to do business with Blount County must have proof of a current Certificate of Authority from the Tennessee Secretary of State office before entering into any acquisition agreement or contract with the County per Tennessee Code Annotated § 48-25-101 and 48- 11-309. Application forms for this certificate can be downloaded from the Secretary of State web site at http://www.tn.gov/sos/forms/ss-4431.pdf or by phoning 615-741-2286. 1.8 Bid Submittals Vendors shall submit in a sealed envelope one (1) signed original bid and one (1) exact copy to: Blount County Purchasing Department Blount County Courthouse, Room 319 385 Court Street Maryville, TN 37804 On the outside of the sealed envelope, reference : Bid No. 2010-2119 Turn -key Surveillance Van for the Blount County Sheriffs Office Bid Submittal Deadline: March 16, 2011 at 1:30 p.m. Telephone, telegraphic, facsimile, electronic, and late bids shall not be accepted or considered. It is the bidders' responsibility to see that their bids have sufficient time to be received by the Blount County Purchasing Department before the bid submittal deadline. Bid #2010-2119 7 Turn -key Surveillance Van for the Blount County Sheriff's Office 2.0 Scope of Work and Requirements 2.1 General Scope of Work The Department has the need for a surveillance van capable of both manned and un-manned operation. The successful vendor will supply any and all parts required to comprise a complete turn -key vehicle meeting the specifications of the Department. Additionally, the vendor will be required to provide operator and maintenance training to the Department and our service support team. 2.2 Performance of Work The successful bidder shall perform all work as may be necessary to complete the contract in a satisfactory and acceptable manner, and unless otherwise provided, shall furnish all transportation, materials, equipment, labor, and incidentals necessary to complete the project. 2.3 Installation Facility and Contractor Requirements 23.1 Installation Location All installation and warranty work is to be performed by the contractor using a fully -equipped and professionally staffed installation and service facility. 2.3.2 Reserved Parking and Security The contractor is required to reserve a secure parking location for use by the Department for our vehicle for the entire duration of the installation that is inside and secured with a building alarm system at all times. Security measures shall include but are not limited to alarm systems and CCTV cameras. All security measures must be in place for the duration of the contract. Failure to provide above mentioned security may be grounds for rejection of submittal and/or grounds for termination of the contract. 2.3.3 Experience of Staff and Facility A detailed description of specific experiences and qualifications of the contractor facility and employees relevant to the services to be performed must be provided to the Department. This shall include a brief resume of employees that will service the contract for the Department in the areas of sales, installation and service. The resume shall include the person's name, title, years of industry experience, years of employment with the bidding contractor and any relevant achievements or skill sets. 2.3.4 Security Clearance The selected contractor including any subcontractors and employees shall be subject to security clearances and background verification as deemed necessary by the Department prior to commencing any work on Department vehicle. 2.3.5 References On page 37 of section 9.0, al bidders must provide a minimum of (3) three references for current or past customers of similar services rendered by the contractor. These vehicles must have included IP covert PTZ cameras, wireless encrypted links and network video recording capability. All references will Bid #2010-2119 8 Turn -key Surveillance Van for the Blount County Sheriff's Office be contacted by the review committee to determine the contractors past performance and compliancy to contract terms and conditions. 2.4 Vehicle Transportation 2.4.1 Vehicie Delivery The awarded contractor will be responsible for delivery of the completed vehicle to the Blount County Sheriffs Office by a certified and insured auto transport company. These costs must be included in the bid pricing. 2.4.2 Liability While under its care, control and custody the contractor will be responsible for the vehicle including pick-up, delivery, interim transport and storage of the vehicle and equipment. The contractor will ensure that reliable and properly licensed and insured drivers operate the Department vehicle. The contractor will be responsible for maintaining the appropriate insurance coverage for all activities involving its drivers and their contact with, or storage of, Department vehicle and equipment. The contractor will be responsible for all facets of liability from the time the vehicle is received by contractor and until an authorized representative has signed for the delivery / return of said vehicle and equipment. Proof of said insurance meeting the minimum limits will be required from the contractor to the Department prior to the issuance of a purchase order. 2.5 Service and Repairs 2.5.1 Completion of Service / Repairs Upon completion of service or repairs by the contractor and the subsequent retum of the vehicle or equipment for inspection by an authorized Department staff, the contractor will be required to deliver to the Department the vehicle, keys, and a completed invoice (if any) for said vehicle. Upon delivery, the vehicle and equipment shall be of a condition as to be placed back into service immediately. 2.5.2 Warranty Repairs Equipment requiring factory warranty repairs may be returned to the original equipment manufacturer for said repairs. Only the equipment may be sent to an outside facility, not the actual Department vehicle. Under no circumstance is the Department vehicle to be sent to another facility. In emergency situations or when the contractor cannot be contacted or does not have the personnel to repair a component covered under the warranty of this agreement, the Department retains the rights to send the vehicle to a different repair facility and charge the repair cost to the original hstaliing contractor. The Department will be the sole judge of the fairness of any charges that are to be paid by the original contractor. 2.5.3 Authorized Distributor and Sales Agent The successful contractor must be an authorized reseller of all items installed into the vehicle. Bid #2010-2119 9 Turn -key Surveillance Van for the Blount County Sheriff's Office 2.5.4 Repair Turn -Around Upon notification by the Department of a concern with the vehicle, the contractor must contact the Department within 24 hours via phone or e-mail to determine a logical resolution plan. The contractor must have the ability to provide on -site service and support. If required, the contractor will have an agent at the Department's location within (2) two working days from the time that the contractor has been notified by the Department. The Contractor will determine the most effective resolution and communicate a service plan to the Department for approval. Provided replacement products are available, if required, the van must be able to return to service within 10 working days. Working days (business days) for the purpose of this contract are defined as Monday through Friday, 8:00 a.m. —4:30 p.m. EST. Days outside these provisions are not counted in the performance provisions set herein. Any deviation from the procedure and ti mes noted here must be reported to the Department before close of business on the due date, along with a reason for the non-compliance. 2.5.5 Craftsmanship Warranty The successful contractor must provide a minimum of 24-month warranty of the craftsmanship of the installation. The craftsmanship warranty shall guarantee the installation to be free from defects in quality for 24 months from the date the vehicle is successfully accepted by the Department from the contractor after the initial installation of the components. The craftsmanship warranty shall cover diagnosing problems when the product installed by the contractors fails to operate properly. This warranty shall also cover repair and / or replacement when the contractor is found to be responsible for said failure(s). When the contractor is found to be at fault for the defects, all repairs performed shall be at no cost to the Department. All bidders must submit their full written warranty policy to the Department. 2.5.6 Product Warranty All parts sold by the contractor to the Department must carry the manufacturers full warranty. The contractor must be an authorized dealer or distributor for all products sold to insure the full warranty offered by that manufacturer. A complete written warranty policy for each manufacturer requested in this bid must be provided to the Department. 3.0 Installation General Information 3.1 Turn -Key Systems The Department requires a turn -key system meeting the specifications as identified in this document. Bidders are not to assume that the Department can free any resources, services, staff, or equipment in support of developing and implementing the systems installed In the Department vehicle. The contractor must deliver a fully functional product ready for operational use at the time of a final system acceptance. 3.2 New Equipment The contractor shall guarantee that the unit submitted shall be new and of the latest and most improved model of current production, and shall be of first quality as to workmanship and materials used in said unit. All modifications shall be made at the factory. Bid #2010-2119 10 Turn -key Surveillance Van for the Blount County Sheriff's Office New equipment is defined as equipment that is made up completely of unused genuine original parts. Equipment shall not have been operated for any purpose other than routine operational testing. Demonstration equipment does not meet this definition and is not acceptable. All equipment listed shall be fully operational upon delivery. Operational condition will be defined as per the manufacturer's current specifications. 3.3 As Specified Equipment Unless stated otherwise within the bid, whenever an item is identified by a manufacturer's name and model number it is intended to guide the contractor to the desired product deemed acceptable by the Department. This is not intended to restrict use of other equipment or materials which are of equal quality or type. Bidders who do not specify a different manufacturer or model number will be required to furnish the item exactly as specified in this Invitation to Bid. If a bidder would like to propose materials or items other than specified, he/she may submit those until March 02, 2011 at 12:00 p.m. Approved equal submissions must be in writing, addressed to the Blount County Purchasing Department or may be sent via e-mail to vcunningham@blounttn.org. All requests shall be accompanied by (2) two sets of the manufacturer's literature, specifications, &awing cut - sheets, performance data, etc. where the same is necessary to completely describe the product. If approved by the Department, a written approval will be issued through an addendum. It is hereby understood and agreed by all bidders that all bids will be based upon materials and equipment as specified or approved via addendum as acceptable. Blount County shall determine if a substitute item is equal to what was requested and the decisions will be final. 3.6 Installation Turn -Around Upon the issuance of a Purchase Order the contractor will have a (45) forty-five day period to procure all required parts and components necessary to complete the build to the specifications listed in this bid. It is our desire to place this van in service as soon as possible. The van should be completed within 120 days from receipt of purchase order. 3.7 Liquidated Damages All time limits stated in the Purchase Order are of the essence. Should the delivery not be completed on or before the time stipulated, it is mutually agreed by and between the successful bidder and the Department that: A delay in delivery would seriously affect the public and the operation of the Department; that a reduction in the unit price of twenty-five dollars ($25) per working day for each and every day that exceeds the delivery time set forth by the terms of this bid is the nearest measure of damages for each delay that can be fixed at this time, therefore, the Department and the successful bidder hereby establish said reduction in the unit price of twenty-five dollars ($25) per calendar day for each and every day of delay for each unit as liquidated damages and not as a penalty or forfeiture for the breach of agreement to complete delivery by the successful bidder on or before the time specified in this bid. Bid #2010-2119 11 Turn -key Surveillance Van for the Blount County Sheriff's Office Should the successful bidder be obstructed or delayed in the work required to be done herewith by changes in the work or by default, act, or omission of the Department, or by strikes, fires, acts of God, or by the inability to obtain materials, equipment or labor due to Federal Government restrictions arising out of the defense or war program, then the time of completion shall be extended for such periods as may be agreed upon by the Department and the successful bidder. 3.8 Compliance All equipment shall comply with all Federal and State of Tennessee Emission Control Regulations, Safety Standards, and Noise Standards in effect at the time of delivery to the Department Services or installation of equipment performed by the contractor shall not alter the compliance of county vehicles to such standards. 3.9 Service Manuals and Schematics Within (2) two weeks of the completion and acceptance of each type of vehicle configuration the contractor shall provide the Department with a complete service package of the installation containing but not limited to the following information: • Original component installation and service manuals • Original component operation manuals • Original component programming manuals • Wire diagram of the complete system as installed in the vehicle • Wire diagram indicating the manner in which the aftermarket wiring has been integrated into the vehicles OEM electrical system • Fuse block diagrams This package shall be reflective of a standard, professional, uniform method of installation to be used consistently by the contractor as well as to facilitate troubleshooting and service for the Department, and should be prepared accordingly. All bidders are suggested to submit a sample of their standardized service packages for review by the Department. If not submitted with bid, these samples must be provided upon request from the Department. 3.10 Training of Department Staff The contractor must provide minimum of (12) hours of training and demonstration to the Department Operators and Department Fleet Operations service personnel. Training shall be scheduled in advance and take place at location determined by the Department. 4.0 Installation Technical Information 4.1 General Description The descriptions of the specifications contained herein are the minimum requirements for a list of equipment to be ordered, professionally installed, functionally integrated and made completely Bid #2010.2119 12 Turn -key Surveillance Van for the Blount County Sheriffs Office operational by the contractor as needed by the Department. The completed vehicle shall conform to the specifications and be delivered, ready for immediate use in rugged continual service by the Department. 4.2 Waterproofing Areas of the vehicle which have had additions or modifications shall be waterproofed to prevent the entrance of water during normal use conditions (vehicle washing, parked or driven in rainy conditions, etc.). These areas include, but are not limited to: roof, doors, windows, and hatches. Vehicle areas where additions or modifications have been made shall be tested for effectiveness of waterproofing. 4.3 Shock and Vibration The entire finished and completed vehicle shall withstand the road conditions specified herein. Vehicle components, fasteners and accessories shall show no loosening, damage, or malfunction when loaded within specifications. 4.4 Exposed Hardware All mounting fasteners and hardware protruding into the passenger compartment and body of the vehicle must be capped, covered, of finished -off to prevent any direct contact with the operator or passengers of the vehicle. No dangerous, hazardous or uncomfortable sharp edges, exposed screw ends, cut metal or rough surfaces may be left unfinished in the vehicle's interior. 4.5 Fasteners All components shall be fastened together or to the vehicle in a manner which shall preclude loosening of bolts, screws and/or rivets, and cracking of welded joints. Fasteners shall be compatible with the material being secured. Fasteners shall be sealed during installation. Self -tapping screws shall not be used in areas subjected to stress. All bolted and riveted fasteners shall be sealed to prevent entrance of wind and water. All exterior body framing drive screws, rivets and bolts shall be squarely installed and shall not be over tightened. Any hardware mounted on the exterior of the vehide must be appropriate for the application and finished to resist rust and corrosion. 4.6 Protection of Equipment and Wiring All equipment, necessary accessories, and electronics components including the wiring to and from these devices must be protected or enclosed to prevent damage from daily rugged use of the vehicle. Equipment mounted in the body of the vehicle must be enclosed, covered, or mounted to provide protection of components from shifting cargo. Wiring runs loose or components located under the carpet of the vehicle is not protected and will not be accepted. 4.7 Equipment Operated by the Driver Devices intended to be operated by the driver of the vehicle must be located within reach while the driver is seated in the normal operating position secured by the seat belt. Mounting of equipment must be in locations as to require minimal distraction to the operator. The Department is to approve the final mounting locations of all equipment and components. Bid #2010-2119 13 Turn -key Surveillance Van for the Blount County Sheriff's Office 4.8 Serviceability of Installation Contractor shall ensure that all equipment installations are done in a professional manner so as to allow them to be easily accessed for service or replacement. All components in the vehicle must be able to be accessed in 10 minutes or less with basic hand tools. 4.9 Wiring and Electrical Specifications The Department understands that the quality of the wiring systems and components is critical to the reliability and performance of this vehicle. All wires, cables and electrical/electronic system connections must meet all of the following requirements. • All fuses are to be located in a centralized fuse panel with the only remaining fuse being located internally in the components that the harness is connected to. • The fuse panel must be easily accessible without removing vehicle panels or console faceplates. • The fuse panel will have a cover with a label to identify every fuse located within the panels as to the function of the fuse and the recommended amperage value. • Any fuse with a value up to 30 amps will be of ATC / ATO Type • Any fuse above 30 amps will be of MAXI type • A master disconnect circuit breaker will be installed on the main input of the fuse block to serve as a master circuit protection and a master disconnect switch. AU aftermarket equipment will be disconnected from the battery when this unit is "open". The only exception to this master disconnect shall include alarm and security systems. • All wiring shall be of SXL or GXL (Crossed Linked Polyolefin Insulation) XLP Type and meet the following specifications: o Ford M1L-85A o Heat resistant ratings to meet or exceed SAE-J-1128 o Abrasion resistance ratings to meet or exceed MIL-T-5438 • All wiring of the same color must be differentiated by a continuous trace of a different color • All wiring must be continuous and without splices until from the fuse block to the component it is being connected to. No splices or change in wire color will be permitted. • All wiring must be loomed and protected from abrasion where ever possible and everywhere required. • Rubber grommets must be used anytime the wire hamess is passed through a metal bulk head and sealed against any weather intrusions. • All wiring must be positioned above the lowest vehicle cross member height to protect from any ground obstacles. • Only quality electrical connection will be permitted and accepted. Acceptable connections include seamless crimp type insulated connections, seamless crimp type bare connectors with heat -shrink insulation; solder connections with heat -shrink insulation or Molex type connectors. Non -acceptable connections will include Scotchlok connectors, insulation displacement connectors and connections insulated with electrical tape. • All wiring shall be sized for 125% of the total current for the component it is connecting. Refer to an AWG length/amps table for details. Bid #2010-2119 14 Turn -key Surveillance Van for the Blount County Sheriff's Office • All wiring shall be in accordance with the applicable portion of SAE J-1292 • All grounds shall be connected at factory ground locations. If a ground distribution stud / bolt are to be installed on an electronics tray or console, a heavy gauge ground wire connected to a factory ground location will supply that stud / bolt with a low ohm resistance ground feed. • A service loop must be provided at each component with enough slack in the wiring to allow easy service and replacement of said component. 4.10 Radio Interference Suppression The 12-volt electrical system shall be suppressed to limit electromagnetic radiation according to SAE J551, or the most current standard. 4.11 Mobile Radio Installation To maintain the integrity of the contractor's installation and minimize the time required after completion to place this vehicle in service, the vendor will provide radios to meet the department's specification. The required radios are (2) Motorola Astro XTL 2500, P25, dash mount mobile radios. These will include 700/800MHz band, multiple ADP software based encryption, 9600/3600 BPS control channel capable. This will include the palm microphones and have antennas concealed. The Department will be responsible for all programming and configuration management. The contractor must ensure that correct antenna cables and masts are utilized and that the power connections are adequate for the model radio, and that the installation meets the following requirements. • The department will supply (1) UHF radio that is to be mounted in equipment rack adjacent to 700/800MHz units in standard console type faceplate. • These radios must be marked with the appropriate vehicle number. The radio's serial number must be captured and provided to the department as part of the documentation package. • All mobile radio equipment must be installed to meet Motorola installation standards. This is to insure that the installation does not void any factory warranties. • The vendor will provide complete radio systems consisting of the radio transceiver, radio control head, and control head cable. • The mini -UHF must be properly crimped to insure a reliable connection. The center conductor shall be crimped at .068 and the shield shall be crimped at .213 • The antenna coax cable shall not be routed under the carpet or floor mats of the vehicle, or routed in a location that can make it subject to abrasion or routed near any heat source. • Mounting of the radio: o The final location of the radio will be approved by the Department prior to installation. o The radio shall be mounted in a location that will provide adequate ventilation for cooling. o The radio shall be installed so that the ID number engraved on the top of the radio is easily visible with minimal work. o The radio shall be mounted so that it can be easily accessed for programming and servicing. o All cabling must be routed in such a fashion that it is not subject at any physical damage or abrasion Bid #2010-2119 15 Turn -key Surveillance Van for the Blount County Sheriff's Office 4.12 Post -Installation Checklist Prior to the van being delivered to the Department, it must undergo a multi -point post -installation checklist, or pre -delivery inspection. This inspection is to ensure that all components installed function as required by the Department and complies with specifications, and that all OEM functions of the vehicle are operational. The post -installation checklists shall be very comprehensive to insure a quality product is delivered to the Department. Bidders are required to submit a sample of their pre -installation checklist and their post -installation checklist to the Department. Bid #2010-2119 16 Turn -key Surveillance Van for the Blount County Sheriffs Office 5.0 Vehicle Specification The following specification includes the minimum standards that the Department will consider acceptable. It is our expectation that the contractor will provide the expertise to ensure that any items required to meet these standards will be included in their bid, even if omitted from this specification. Any items that fall into this area should be submitted to Blount County Purchasing as per instructions in section 3.3, with explanations as to the need for their inclusion. 5.1 Vehicle Chassis The van will be the Ford E350 extended cargo van with the following basic specifications and dimensions. • Cargo side doors with windows • Cargo rear doors with windows • Oxford White exterior paint • Medium flint driver and passenger seat • 5.41 V8 Gasoline engine • Power door lock system • No rear seating is required • No rear air conditioning • 2 wheel drive Wheelbase (in.) - 138 Length (M.) 235.7 Height _ empty (in.) 82.3 Width (In.) without mirrors 79.4 Width (In.) with mirrors 95.7 Track width _ fronVrear (in.) 69.4/84i ti Side cargo door opening height (In.) 47 2 Rear cargo opening width _ et floor (In.) 54.4 Rear cargo opening height (in.) 48 5.2 Power System The van will have a wide range of sensitive electronics and require considerable attention to detail in both the AC and DC power systems. It is our requirement that the van have the ability to operate all components when manned including the climate control system for a minimum of 4 hours without starting the vehicle's engine. Minimum required operational time when operated in the unmanned mode will be 12 hours. Bid #2010-2114 17 Turn -key Surveillance Van for the Blount County Sheriff's Office The AC and DC electrical systems in these vehicles should be designed and installed adhering to the following installation standards and requirements. • The electrical installation shall be performed so that wiring runs are properly routed with enough clearances between wiring and applicable parts. • All wiring shall be secured and fastened at all bends and shall be protected against chafing and damage. • Wiring shall be concealed but easily accessible for repairs. • All circuits shall be properly grounded. • All circuit protection devices are accessible without tools and clearly marked • Electrical wiring insulation shall be free of cracks, cuts, kinks, fray, or similar defects. • All lighting, wiring, switches and receptacles shall be securely installed, straight, and true, and free of loose or faulty uniformity. • All electrical equipment and fixtures shall be securely and properly positioned to prevent damage during transit. • The equipment shall be wired from the main distribution circuit breaker panel to receptacles, switches, and lights as specified herein. • All wiring and cable conductors shall be stranded copper. • Wiring enclosures of the highest quality industry standards, consistent with applications suitable for mobile (high vibration) applications, such as military and/or aviation grade specifications, where applicable. The vendor shall satisfactorily demonstrate the proposed solution meets and workmanship complies with this clause. • The number of conductors permitted for each conduit shall be determined by the overall diameter of the cable or conductor, • All conduit couplings and connectors shall be of a material that shall not exhibit corrosion and shall be chemically compatible with the surface that contacts the connector's fittings and conduit and with the surface to which they are attached or secured. • All circuits protected with appropriate fuse and/or circuit breakers. • The vehicle must have a 500 amp master power disconnect system that is activated from the rear workstation control panel and includes a visual light indicating the system is activated. • All fuses with a rating less than 30 amps must be automotive ATC type with all fuses being located at a central fuse center. • All fuses with a rating higher than a 30 amps must be a MAXI type with all fuses being located at a central fuse center. • All primary and power cables will have no splices to extend them and will have no hidden connections. • All terminals and connectors shall be accessible. • Absorbed glass mat batteries in both starting and auxiliary locations • Fully automatic DC battery charger systems able to maintain both starting and auxiliary batteries when the vehicle is connected to AC shore power. • Functioning shore power inlets to provide AC power to the following onboard components o Vehicle battery charger system o Dedicated outlets used for multibank handheld radio chargers, wireless video kits and • Magnum Energy 2812 Pure sine wave inverter with built in 125 amp battery charger and automatic transfer switch. ME-RC50 remote controller. • All primary and power cables will have no splices to extend them and will have no hidden connections. All terminals and connectors will be accessible Bid #2010-2119 18 Turn -key Surveillance Van for the Blount County Sheriff's Office • There will be AC outlets powered from either shore power when present or the onboard inverter at the following locations o Quad outlet inside forward and aft equipment rack o Quad outlet located underneath main workstation counter o Dual outlets located in rear facing panel on main equipment rack o Dual outlets located in face of main equipment workstation • The van starting battery will be replaced with an appropriately sited absorbed glass matt battery. • The van's stock alternator will be replaced with a high output model capable of producing a minimum of 150 amps at vehicle idle and 250 amps maximum output. • The alternator will provide charge current to the rear battery bank through heavy duty circuit breakers and an automatic charging relay. • Three 8D absorbed glass mat batteries will be housed in the base of the curbside bench seat. These batteries will be mounted using a manufactured metal mounting bracket and ratcheting hold down straps rated at 2,000 pounds each. • All battery cables will be sized to handle 200% of the expected current rating of the circuits. • There will be a master control switching and circuit breaker panel located in the main workstation that will include control for all major systems to include computer, lighting, video recording system, monitors, alarm system, fans, network router and modems. • There will be red LED digital displays indicating AC and DC voltage levels and DC current consumption. • There will be three 12 volt DC power ports located in the main equipment workstation. • All fuses, breakers, switches, outlets, power cables and components will be clearly labeled. 5.3 Interior Build -out The nature of this van's mission and the environments in which it will operate require attention to detail in the areas of sound and thermal insulation. Additionally, the life expectancy for this van to be in service will exceed 10 years. Robust and well -engineered interior syste ms are critical in meeting the Department's requirements. Please attach photos of previous builds to provide the Department with an understanding of how your company approaches the design and finish of the van interior. Bid #2010-2119 19 Turn -key Surveillance Van for the Blount County Sheriffs Office Van Interior Overview CaplaieriCheir .1114aer.r.d anwaapsaabie AA CodWwe 51Mera ryaaaaewaac siwbee Diagram 1.0 ra.aa ..asaafa. -n..w.a mil mama id* side liawisarroairsi3siae cerbarikeaneaistation iarivysl rrinlanp Alkilleirr insallookilmspEn +litsMwage rareproviusisibirviespari sack 2PSAisu eMnMtMMnseam andar•s Reiedliverpardkienvollimosidsor 5.3.1 Insulation This van will operate in a wide range of temperature and humidity extremes and needs to provide considerable insulation from the elements. Additionally, the insulation and build methodology should provide effective sound proofing from sounds created inside the van leaking through to the outside. Minimum requirements for sound and thermal insulation include: • Coating of entire cargo area floor, walls and roof with a ceramic insulation coating • Fill in all gaps and difficult to insulate areas with spray foam insulation • Minimum of 1" of jute padding attached to all walls and ceiling surfaces. • Reflectix thermal barrier attached to top surface of jute padding 5.3.2 Wall and Ceilings The walls and ceiling of the van will act as sound and thermal barriers In addition to serving as the interior skin of the surveillance compartment. Fit, finish, and strength of attachment to vehicle are important factors in this area. Bid #2010-2119 20 Turn -key Surveillance Van for the Blount County Sheriff's Office Minimum requirements for walls and ceiling include: • Walls and ceilings will be manufactured of 5 mm Baltic birch plywood covered with low pile trunk liner. Color will be approved by Department prior to installation. • All interior surfaces from the dividing partition rearward must be covered. • Walls and ceilings must have no visible seams on main panels. • Points of attachment must be visually discreet and yet adequate to keep panels firmly secured to vehicle. 5.3.3 Floor Minimum requirements for the floor in the rear, surveillance compartment of the van include: • 5/8" Baltic birch marine plywood • Lincoln Loncoin Onyx rubberized flooring adhered to marine plywood • All unfinished edges at doorways finished with powder -coated or Une-X type textured coatings • Flooring adhered with construction adhesives to minimize number of screws through the floor panel • All screws that penetrate the vehicle exterior must be coated with rust proofing to prevent spread of rust or moisture entering the panel through the screw hole 5.3.4 Partition There will be a dividing partition separating the front driver/passenger compartment from the rear surveillance compartment. This partition must give the appearance of a conventional trade unit found in service vans. Minimum requirements for the dividing partition include: • Steel construction • Gray powder coat or painted surface • 5/8" wood panels mounted to rear side of partition, covered in gray trunk liner used on the walls to provide additional sound and thermal insulation. • There must be no gaps around the partition that allow light to escape from the surveillance compartment • Door must be hinged on driver's side and open into the rear surveillance compartment • Door must have upgraded locking, slam style latch • Door must have opening to allow camera to be positioned to see through the windshield. There must be a containment boot at this location to conceal the camera. • There will be a mounting location for a Bogen Magic Arm on the partition door. 5.3.5 Side and Rear Doors Both side and rear doors will be barn style and will be equipped with non -opening windows. Bid #2010-2119 21 Turn -key Surveillance Van for the Blount County Sheriffs Office Minimum requirements for the side and rear doors include: • Camera viewing location with concealment boot and mounting location for Bogen Magic Arm • Windows must be tinted to minimize chance of light leaking out of van • Doors must have same insulation and finish panels as walls and ceiling • Side and rear doors must be keyed alike and separately from the front passenger compartment doors 5.3.6 Curbside Bench Located on the curbside of the van and spanning the distance from the rear opening side of the side door to the rear door will be storage and seating bench. This bench will hold a range of components and be a very critical part of the surveillance module. As this bench will hold the system batteries, inverter and other components, the construction quality and attachment to the vehicle are critical. Prior to construction, the successful vendor will supply photos and design diagrams and plans for the bench for approval by the department. Minimum requirements for the seating and storage bench indude: • Aluminum construction with black textured powder coating • Removable bench seat cushion to access batteries and other components • Padded backrest that hinges down to access additional storage • Mounting location for 2800 watt inverter charger • Mounting locations for (3) 8D AGM batteries. Batteries must be mounted in steel trays and secured with ratcheting straps. • Mounting location for main system circuit breakers and other electrical system components • Recessed dual drink holder accessible from main operator's seat or bench seat • Concealed exhaust fan that is activated by a temperature sensor. This fan can be manually activated by a switch in the main control panel and will also activate automatically when the van is plugged into shore power and the temperature rises above 100 degrees in the battery and inverter compartment. • There must be no sharp edges that could catch clothing or injure officers • Bench must be securely fastened to vehicle chassis with through bolts. Screws are not acceptable to mount bench or battery trays. 5.3.7 Operator Safety and Comfort • CO2 detector • 5Ib Class ABC extinguisher • 2 speed compact fans. Location to be determined. • 7000Btu air conditioner with 1000W heat strip. o 3 gallon under vehicle condensation tank with level sensor Bid #2010-2119 22 Turn -key Surveillance Van for the Blount County Sheriffs Office 5.3.8 Main Operator's seating There will be a 6-way adjustable captain's chair located at the main workstation. This chair will have the ability to swivel to face the rear of the van, have forward/rearward slide adjustments, reclining backrest, and be upholstered in gray vinyl to match color of front factory seating. Minimum requirements for the main operator's seating include: • 6 way adjustable captain's chair • Adjustable lap seat belts • Appropriate height to enable comfortable use of street side workstation • Seat mounting base must be securely bolted to vehicle floor using Grade 8 hardware • Seat must be able to swivel towards the rear of the van to enable collaboration with those seated on the curbside bench • Seat will have arm rests on both sides that swivel up for easy access to seat • Seat will be "high -back" style with integrated headrest 5.3.9 Main Workstation Equipment Rack There will be an equipment rack on the street side of the van in the rear surveillance compartment to hold monitors, surveillance equipment, and provide storage and workstations for the operators. All sections will be built using standard 19" equipment rack openings and rack rails to aid in servicing and future revisions. The rack will be built from extruded aluminum structural material and anodized satin black. The diagram below is the basic design concept. Final design must be approved by the Department prior to construction. Bay 8 Diagram 1.1 Bay 4 Bay 3 Bay 2 Bay 1 Spookang Mika widow Amin =ma r WEquipoise' nek APLCDaaiar IVOUGampsdkinpub •9t•d[aount 9heokarcordial 'and iloulorsorlos 19"Egeipureelnek .1i•WOW/ear Tama =es -11GIVCompadilen 4.133 OtR iredermadam AtIntaillott Slide outworietdrtion Ikinerd9emenu towed ei coedtioeer/hedaunit .ACldd Atlanta �Ilieeinumw9k ldYdkperelasoeip Bay 10 19'Equipneetsuck Plideideopiuronaide 41arrpedowes Bid #2010-2119 Bay 9 Bay 7 Myrot*and eeahi Bay 5 Bay 5 23 Turn -key Surveillance Van for the Blount County Sheriffs Office Minimum requirements for the main workstation equipment rack include: • Black anodized structural aluminum construction • Rack must be securely fastened to the vehicle and partition • All end panels of rack must be concealed with carpeted finish panels • All bays must be an even rack space increment (1.75") Component locations by "Bay" (Corresponds with diagram 1.1 above) Bay 1: Approx. 16" Deep 1U • 19" LED rack light to illuminate all components in rack below Bay 2: Approx. 8" Deep 1U • Wohler VMG-4 Audio monitor Bay 3: Approx. 8" Deep 1U • 9 channel video splitter / switcher Bay 4: Approx. 8" Deep 1U • 3 x compact speakers wired to radio rack area for use with scanner and radios Bay 5: Approx.16" Deep, 26U • Radio mounting plates to enable use of standard console faceplates to mount department provided radios. Positions for 4" faceplates. • Scanner mounting location • Mounting shelf for DVR / PC and network switch, modem and router • 2U latching rack drawers x 2 • 1U rack drawer with auxiliary latch to keep drawer shut in transit • 8U locking file drawer Bay 6: Approx 4" Deep, 11U with 12" deep countertop work surface in front • 19" touch screen LCD monitor with LED backlighting, VGA, DVI and composite inputs • Air conditioning vents and controller underneath monitor Bay 7: Approx 4" Deep, 11U with 12" deep countertop work surface in front • 19" touch screen LCD monitor with LED backlighting, VGA, DVI and composite inputs • Inverter controller, AC and DC outlets and data connectivity portal underneath monitor Bay 8: Angled towards main operator workstation, Approx 4" Deep, 11U with 12" deep countertop work surface in front. Bid #12010-2119 24 Turn -key Surveillance Van for the Blount County Sheriffs Office • 17" LCD monitor with LED back lighting, S-Video, VGA and composite inputs • Switching and breaker panel to control following functions o Master DC power disconnect o Remote engine start / kill o Remote door lock / unlock o Computer o Monitors o LED lighting o Router o Modem o Scanner o Fans o Air conditioner o Rack outlets o Interior outlets o Printer • AC voltage meter • DC voltage meter • DC current meter • Clock Bay 9: Approx.16" Deep, 14U • All in one copier/scanner/printer on slide out shelf. Printer must be secured with detachable web straps. • 2U latching rack drawer • 4U latching rack drawer Bay 10: • Mounting location for 7,000BTU air conditioner with 1,000W heat strip • Waterproof floor ducting for return and inlet to compressor fan Slide out work station: • Dry erase countertop material • Latch in fully closed, 8" out, 16" out and fully deployed position. • Latch must secure slide out on both sides for stability 5.4 Camera Systems The van will be equipped with a range of cameras that will include fixed mount team protection cameras, roof mounted analogue video telescope for long range and low light imagery, roof tube mounted IP pan tilt zoom camera for manned and unmanned operation, and a range of mounting options and cameras for use inside the van. The camera details below are the department's recommendations. Bid #2010-2119 25 Tum-key Surveillance Van for the Blount County Sheriffs Office 5.4.1 Team protection Cameras There will be 6 near field cameras to provide video surveillance in the area surrounding the van. These will be low Tight, black and white pinhole models with the following specifications. • .0003 low Tight lux rating • Built-in auto iris • 3.7mm 90 deg. Field of view • 12 Volts DC operation • 1/3" imager size • 600 Lines resolution Team protection camera locations Diagram 1.2 Bid #2010-2119 26 Turn -key Surveillance Van for the Blount County Sheriffs Office Team protection camera locations (Corresponds with Diagram 1.2 on the previous page) Camera 1: • Forward facing covertly installed inside windshield mounted rear view mirror. This will provide range of adjustment out front of the vehicle. • Cables must be disguised to not draw attention to camera location. Cameras 2 & 6: • Mounted in mirror base of side view mirrors to provide wide angle view starting at vehicle and extending outward. • These cameras will be located inside base and view through 1/8" hole in plastic mirror base. • This location might require replacement of stock side mirrors to provide room In the mirror base. Vendor is expected to supply the correct mirrors to support this camera location. Cameras 3 & 5: • Mounted in roof rack vertical pillars to provide 90 degree field of view perpendicular to side of van. • Camera pinhole will be concealed with sticker or other effective concealment method approved by department. Camera 4: • Mounted behind street side rear door window as high as possible. • Window will be limo tinted with small pinhole in tint to enable camera to see out. • Camera must provide 90 degree field of view perpendicular to rear of van Team Protection Camera Details • Must be mounted securely and adjusted for optimum field of view • Cameras and connections must be insulated from water damage • All team protection cameras will send their video signal first to the video splitter / switcher and then to the DVR for possible recording. 5.4.2 Roof Mounted Periscope Camera System There will be an All Star R5 Inteiliscope mounted in the roof of the van towards the rear of the vehicle. This scope will be used for low light and long range imagery beyond the limits of the IP and onboard cameras. Minimum requirements for the roof mounted periscope include: • Latest model of the All Star Manufacturing R5 scope and controller • quick release lens bracket system and cradle for lens • Sunstar 300 ultra low light camera Bid #2010-2119 27 Turn -key Surveillance Van for the Blount County Sheriffs Office • Motorized zoom lens 10-300mm • Cable connections must be compatible with window camera location portals to enable use at any camera location • The camera and lens combination will have a padded storage location in the drawer underneath the printer. • Periscope rooftop panel must be painted to match the van exterior • Composite output from camera must feed video splitter/switcher, DVR and also forward 19" LCD monitor's composite video input. 5.4.3 Rooftop Enclosure Mounted IP PTZ Camera There will be a roof top enclosure designed to replicate a commercial conduit holder that will house an IP pan tilt zoom camera. This camera will be modular in mount and connections to enable locating at either end of the enclosure. Minimum requirements for the rooftop enclosure mounted IP PTZ camera include: • Canon VBC60 or better IP PTZ camera. If alternative model, please identify as an exception and provide detailed information on alternative unit. The department must authorize the use of alternative model. • Waterproof enclosure to house camera • Modular design to enable locating camera in either end of the enclosure • Camera lens to view through lexa n with covert graphics to conceal unit • Camera must be mounted in a manner that minimizes vibration 5.4.4 Surveillance Compartment Cameras and Locations In addition to the team protection, periscope and IP PTZ cameras, there will be additional cameras and locations and connectivity portals for these cameras located inside the van. The objective of these portals and additional cameras is to provide an extremely wide range of camera locations and options. All cameras and connectivity portals must be configured with the same connectors and wiring requirements to enable switching cameras and locations as required. Minimum requirements for the additional surveillance compartment cameras and viewing locations include: • Attachment bracket for Bogen Magic Arm at front partition port, and side and rear door ports • (3) Bogen Magic arms with required attachments to enable mounting of cameras at all viewing port locations. (1) Adjustable mounting base to enable use of the Bogen Magic Arms outside of the van must be included. • Connectivity portals adjacent to each of the three viewing ports. location must be located to avoid cords becoming problematic when doors are opened. Each portal must have standardized connector for 12 volts and ground, Ethernet connection and composite video input via BNC connection. All connectors must be clearly labeled. Bid #2010-2119 28 Turn -key Surveillance Van for the Blount County Sheriff's Office • High resolution day/night block zoom camera, 12 VDC, RS-485 controllable. Must have minimum color low Tight sensitivity of .001 lux. • Canon VBC60 or better IP PTZ camera. If alternative model, please identify as an exception and provide detailed information on alternative unit. The department must authorize the use of alternative model. 5.5 Audio Monitoring and Recording System The van will be equipped with a range of audio sources and recording devices to capture audio around the vehicle, from remote body wires and via wireless audio sources sent back to the van via the onboard wireless network links. Minimum requirements for the audio monitoring and recording system include: • Wohler VMQ-4 audio monitoring unit. This unit will mount in the street side equipment rack and provide audio monitoring for the scanner, external microphones and PC audio. • External high gain microphones at front and rear of van to enable monitoring sounds in close proximity to the van. These microphones will be routed through a 4channel audio mixer and then sent to the Wohler unit for monitoring and DVR for recording. • Auxiliary audio input ports to enable connection ofdepartment provided monitoring systems • High quality headphones with appropriate adaptors to enable use with the Wohler unit. • Rack mounted scanner with covert broadband antenna • Rack mount digital audio recorder with selectable source input, records to SDD Card or connected HDD 5.6 Video Monitoring and Recording System The van will be equipped with a hybrid video monitoring and recording system able to monitor and record both analogue and IP cameras. Through the use of 3 LCD monitors the Department will be able to monitor all van mounted cameras as well as remote cameras transmitted to the van via a local wireless link or through a secure VPN on the Internet. Video quality, ease of use and flexibility are the key design criteria of the monitoring and recording system. Minimum requirements for the video monitoring and recording system include: • 9 channel video splitter / multiplexer that will enable viewing the 6 team protection cameras, periscope camera, roof mounted IP PTZ, and auxiliary input from camera portal • IP decoder to extract roof enclosure mounted IP PTZ camera for viewing on team protection multiplex monitor • 17" Rack mount LCD monitor. S-Video input will be fed from output of switcher, VGA input will be connected to bulkhead pass through port to enable use as computer monitor • Dual 19" rack mount LCD monitors located in main workstation rack. Bid #2010-2119 29 Turn -key Surveillance Van for the Blount County Sheriff's Office • Core 2 Duo mobile PC / DVR unit with external Sata hard drive able to record all onboard cameras and up to 8 IP cameras • DVR / PC must have built in DVD burner, minimum of 500GB internal hard drive and 500GB ex • External hard drive. (Computer system specifications will be detailed in next section) 5.6.1 Tactical Wireless IP Based Video Recording and Transmission Kit The van will be equipped with a remotely deployable, self contained surveillance kit equipped with the following features. • Compact Pelican case system to include the following features: o Embedded router with following features: • 900MHz high performance data radio • Ability to support department provided wireless broadband USB modems. • 128 bit WEP/WPA/WPA2 encryption • Covert antennas for EVDO and 802.11 • 802.11 A/B/G/N high powered radio • 802.11i, AES-CCM & TKIP Encryption, 802.1x, 64/128/152b1t WEP Security ■ Outdoor range minimum of 5km antenna dependant • Temp. Range -45C to +90C ■ Covert antenna • Router must be configured to automatically connect to the router built into the surveillance van. o Charging and power system to utilize Lithium Iron Phosphate batteries able to be charged from either an AC or DC input. Batteries must provide a minimum of 8 hours operation. o Onboard single channel IP video encoder able to support audio and video inputs from external case mounted connectors. Encoder must support RS 485 control to external camera through single camera connector with power and video. The encoder must support onboard recording via an internal SD card or external USB drive. The encoder must be equipped with a 32GB SD card and 16GB ruggedized USB thumb drive. o Case must include 2 external LAN connections for connecting IP PTZ cameras and laptop computers. All case connectors must be XLR form factor panel mount units with rubber gaskets. o Kit must include sealed 1P67 rated switches for master power, encoder power, and a momentary switch used to activate a battery power meter displaying status of onboard batteries. o Case will include a panel mount USB connection inside the case to enable external video storage and transfer or connection to a USM EVDO data modem. o Kit construction must be rugged and robust and be a fully engineered solution that will include a full training and documentation manual. o Kit must include all required AC and DC power cables, and all components must be protected by easily accessible fuse panel. Bid #2010-2119 30 Turn -key Surveillance Van for the Blount County Sheriff's Office • The self contained surveillance kit will also include a second Pelican case housing an IP PTZ camera and cable kit to connect the camera to the wireless kit. This camera must be a Canon VBC-60 or equal approved by department 5.7 Computing and Data System The van will be equipped with an onboard DVR/PC able to source video feed from both onboard cameras and remote wireless connections. Remote users will be able to view and control cameras through both local wireless area networks as well as through secure VPN connections on the Internet. This specification is a minimum requirement. Any alternative designs or components must be submitted to Blount County Purchasing as per instructions in section 3.3, with explanations as to the need for their inclusion. Minimum requirements for computing and data system: • Mobile PC/ DVR o 16 channel hybrid audio / video recording capabilities o Built In DVD burner o Minimum Core 2 Duo T 7200 processor o Minimum 4GB RAM, 500GB Hard drive o External 500GB Sata hard drive o Operating voltage range 9-24 Volts DC o Operating temperature range 0 deg. F-160 deg. F o Dual DVI monitor output • 8 port Gigabit POE Ethernet switch • Wireless keyboard mouse w/adjustable under counter keyboard tray • Remote USB ports x 2 • All in one copier/scanner/printer able to be mounted on slide out 19" rack shelf • Wireless EVDO Router o 802.11 A/B/G/N high powered radio o USB, PC card, express card slots for use with EVDO modems (Department will supply required broadband modem to be connected to Wireless EVDO Router) o 128 bit WEP/WPA/WPA2 encryption o Covert antennas for EVDO and 802.11 • Embedded router with 900MHz high performance data radio o 802.111, AES-CCM & TKIP Encryption, 802.1x, 64/128/152bit WEP Security o Outdoor range minimum of 5km antenna dependant o Temp. Range -45C to +90C o Covertantenna • Software o Windows XP Pro o Selected NVRS o Adobe Reader Bid #2010-2119 31 Turn -key Surveillance Van for the Blount County Sheriffs Office o Quick Launch menu program o Anti-Malware o 1 year subscription to antivirus 5.8 Roof Rack There will be a white powder -coated roof rack of the type used frequently by service companies and electricians. This rack will provide mounting locations for the side facing team protection cameras, the IP camera mounting enclosure and covert antennas for the wireless routers. Minimum requirements for roof rack include: • White powder -coated steel rack • Concealment location for antennas • Decoy stickers to conceal team protection cameras • Concealment enclosure for IP PTZ camera. o It will have connections and mounting locations to enable mounting camera at either end of the enclosure. o Camera will be concealed behind Lexan with concealment graphics. 5.9 Installation Supplies, Cables, Connectors and Hardware Submitted bids must include all required hardware, cables, connectors, adhesives, paint, and other supplies required to operate all systems. The Department's expectation is that the successful bidder will provide a turn -key vehicle ready for service. 6.0 Training Selected vendor will provide a minimum of 12 hours training at the Department's facility. Vendor is required to provide (2) 3 ring binders with all training materials in document protectors and 6 stapled or comb bound copies of the same information. All component factory manuals must be placed in a single large binder. This training will include: • Verification of specification compliance and operation of every system and component • Basic operations • Troubleshooting • Turn on procedures • Turn off procedures • Preventive maintenance • Service access and component location • Video recording and file transfer • Audio recording • Remote access Vendor must provide a USB thumb drive with digital copies of all manuals and operational checklists. These will include a turn on checklist, shut down checklist, van preventive maintenance checklist and Bid #2010-2119 32 Turn -key Surveillance Van for the Blount County Sheriff's Office van provisioning checklist. Vendor must place these files in a folder on the van computer clearly labeled as Van Operations Manuals. 7.0 Department Vehicle Design and Inspection Meetings 7.1 Vehicle Design and Project Launch Meeting Upon award of contract vendor will facilitate a thorough online interactive design review and finalization meeting. During this meeting we will walk through all aspects of the vehicle integration. This will include design review of any manufactured parts, component location, verbiage for all labels and any other concerns the Department or vendor might have. 7.2 Pre -Delivery Inspection Site Visit As the vehicle nears completion and transport, (4) Cepartment representatives will travel to the vendor's facility for review of all installed systems. This will include verification that the installation meets all specifications and requirements, operates according to design and meets the Department's expectations. Meals will be paid for by the Department. The cost of travel for (4) Department representatives, to be included in bid pricing, will include the following: • Round trip coach airfare from Knoxville to closest major airport to vendor; • (2) nights stay in (2) business class hotel rooms; • Rental car costs for mid -size vehicle. 8.0 Extended Warranty and Support Option The department requests costs for an annual extended warranty and support program. If selected, this program would be implemented beginning the year following the conclusion of the original warranty period and the Department would execute a year to year extension of this contract. The extended warranty and support contract would include the following elements and be executed on an annual basis: • Unlimited phone and remote access support • Preventive maintenance conducted at department location to include: o DVR / PC updates, virus and maiware scans, hard drive defragmentation and general PC maintenance o Testing of all functions o Testing of batteries and charging system o General mechanical preventive maintenance o Testing of all wireless systems o Network security and operation tests • Refresher training course conducted following preventive maintenance program at department's location to include: o Turn on, shut down and general operations Bid #2010-2119 33 Turn -key Surveillance Van for the Blount County Sheriffs Office o Audio and video recording training o Hands on training of up to 10 department representatives o Handouts of updated and current training manual o Troubleshooting course o Back focus adjustment of camera/lens combinations o Cleaning of all camera and scope optics Bid #2010-2119 34 Turn -key Surveillance Van for the Blount County Sheriff's Office 9.0 Vendor Information Statement Please Type or Print Clearly Company Name: American Emergency Products Address: 10729 Wheatlands Ave, Suite C City, State, Zip: Santee, CA 92071 Phone Number: (619) 596-1925 Fax Number: (619) 596-1909 E-mail Address: alien.johnston@soncellna.com Date Company was established: 1999 Type of Company (Manufacturing, Distributor, Manufactures Representative, Dealer or Other): Public Safety and Homeland Security vehicle outfitting and products Name of person responsible for the company: Jeff Slater, Vice President of Operations Phone Number: 1 (602)489-7192 Cell Number: (503)576-9000 E-mail Address: jeffb@auto-additions.com Sales Contact Name and Title: Allen Johnston General Manager Service Contact Name and Title: David Overturf Service Manager Operational Contact Name and Title: Evan Sickel Proj ect Support Manager Installation and Service Facility Address: 10729 Wheatlands Ave. Santee , CA 92071 Phone Number: (619) 596-1909' Fax Number: (619) 596-1909 Number of Installation and Service bays: 10 Parts Room Size: 3, 000 sq. feet Number and Titles of Full -Time Employees at Location: 17 employees at this location Titles include General Manager, Production and Project managers, CAD designer, Technicians, sales support team and facility support. Bid #2010-2119 35 Turn -key Surveillance Van for the Blount County Sheriff's Office Details of Major Repair and Diagnostic Equipment: Battery and charging system testers, current analyzers, OBD scan tools, digital meters Size and Capacity of Secure Parking: 14, 4 00' , can hold in excess of 50 vehicles Size and Capacity of Secure Storage: 8,000 sq. 20 vehicles List security measures taken to protect shop, storage, office, and parking locations: Our building is equipped with a monitored security system and has biometric access locks on all doors leading to the production center. Employees and escorted public safety personnel are the only people allowed in the facility. The rear lot and entrance to the production area is rimmed with a 6' fence and has concertina wire extending from the top of the fence. Is your firm currently engaged or involved in any litigation over the proprietary right or patent rights for the equipment, parts or components, supplies or materials offered herein for sale to Blount County? Yes or No NO If yes, please attach explanation. What additional services can you offer Blount County that may not be otherwise noted in the bid: American Emergency Products is one of the Soncell North America Group of Public Safety companies. These include Decatur Electronics, manufacturers of speed measurement trailers, police radar systems and in car video systems, and Patrol Power, manufacturer of patrol oar wiring harnPaRPR_ All group clipntR receive best pricing on all company offerings. We provide both phone and remote web interactive technical support i.s/i. We provide analysis of existing surveillance assets to ensure that they are able to be integrated when possible with our van and tactical surveillance systems. Bid #2010-2119 36 Turn -key Surveillance Van for the Blount County Sheriffs Office References 1. Agency Name: Shelby County Sheriff ' s Department Contact Person and Title: Sgt . Chris Harris Phone: (901) 508-6792 Fax: E-mail: Chris .harris®shelby-sheriff.org Year of start and stop date for services rendered: 2008-ongoing Scope of work provided to customer by contractor: SCSO has one of our IP capable vans equipped with periscope and team protection cameras. They also have several remote wireless kits and cameras able to be monitored and recorded remotely. 2. Agency Name: Grand Prairie Police Department Contact Person and Title: Off icer Kenny Gates Phone: (972) 898-0467 E-mail: sgatesOGPTX. org Fax: Year of start and stop date for services rendered: 2 0 0 9 -ongoing Scope of work provided to customer by contractor: GPPD has one of our latest IP capable surveillance vans including remotely deployable wireless kits and cameras. 3. Agency Name: Salt. River Pima-Maricopa Tribal Police Department Contact Person and Title: Detective Justin Bartlett Phone: E-mail: (480) 362-5702 Fax: justin.bartlett@srpmic-nsn.gov Year of start and stop date for services rendered: 2007 -ongoing Scope of work provided to customer by contractor: This department has one of our IP capable van equipped with a wide assortment of deployable field kits and cameras. All bids must be signed by a responsible off r p ee of the company. Authorized Signature: -- Date: 3 / 10 / 11 Printed Name: Allen Johnston Bid #2010-2119 37 Turn -key Surveillance Van for the Blount County Sheriff's Office 10.0 Pricing • Van pricing must include sales tax, if applicable; however, Blount County is a tax exempt entity and can provide a tax exempt certificate upon request. Department will be responsible for licensing and registration expenses. • Surveillance van up -fitting must include all required components, cables, hardware and other items needed to provide described capabilities and function. This includes all power systems, interior build -out components, data, video and audio system components, cameras, recording systems and all other items detailed in the specification required to convert a stock cargo van to a C4ISR van. • Training expenses must include all vendor travel, print production and other expenses required to meet the training requirements. • Delivery must include all expenses related to the delivery of the completed van to the Department by a certified and insured auto transport company. • Inspection visit expenses will include travel expenses for (4) Department representatives as detailed in the ITB. • Extended warranty and support program costs will include a per year cost for the program details listed in the ITB. Pricing must include all required parts, components, hardware, labor, warranty and shipping charges for products, travel and training expenses. No expenses will be approved after award without written authorization from the Department project manager. Description Pricing 1. 2011 Ford E350 Cargo van Per specifications in the ITB $ 26,990.38 2. Surveillance up -fitting package to include all training, delivery, outfitting parts and labor, warranty, and inspection visit expenses per detailed specifications in the ITB. 148, 285. 67 $ TOTAL $ 175,276.05 3. optional: Extended Warranty and Support Program Annual Cost $ 8,200.00 Length of time these prices are valid from the bid deadline date 3 0 10.1 Public Agency Participation Other public agencies may want to participate in any award as a result of this bid. The Department shall incur no financial responsibility in connection with any purchase by another public agency. The public agency shall accept sole responsibility for placing orders and making payments to the successful contractor. This option will not be considered in the bid evaluation. Please indicate whether this will be granted. Yes X No Bid #2010-2119 38 Turn -key Surveillance Van for the Blount County Sheriffs Office 11.0 Bid Submittal Checklist The bid package submitted to the Department should include the items listed below. Failure to include one or more of the listed items may render the bid incomplete and the Department reserves the right to reject such bid. o Resumes of Staff o Copy of Contractor's Craftsmanship Warranty Policy o Copy of each Manufacturers Warranty Policy o Sample of Service Manual and Schematics - if not submitted with bid, sample must be provided upon request from the Department. o Sample of Pre -Installation Checklist o Sample of Post -Installation Checklist o System design overview documents to include: o Curbside, street side, rear and top view of vehicle as designed. o Power system diagrams o Surveillance and data system diagram o Photos of like offerings built for other clients. o Completion of Vendor Information Statement o Completion of Pricing Sheet o Public Agency Participation (Check yes or no) Bid #2010-2119 39 BLOUNT COUNTY PURCHASING DEPARTMENT INSURANCE CHECKLIST Bidder understands and agrees to confirm to these insurance requirements if given notice of intent to award this contract. Coverage Required: Minimum Limits Required; Q 1. Workers' Compensation & Employer's Liability Statutory Limits $100,000 per occurrence, $100,000 disease, $500,000 annual aggregate 121 2. Commercial General Liability to include Contractual Liability, XCU, Personal Injury Perils, Products Uability and Completed Operations Liability. $1,000,000 per occurrence, $2,000,000 annual aggregate Q 3. Business Auto Uability, Personal Injury. (Symbol 1) $1,000,000 combined single limits 4. Professional Liability $1,000,000 per occurrence $3,000,000 annual aggregate ■ ❑ 5. Excess Umbrella Liability with Contractor's Form, including Excess Employers' Liability Coverage. $1,000,000 excess of above coverage S5,000,000 for large projects or high risk 6. Builder's Risk - • • Installation Floater. Q 7. Vendor's insurance policy shall be endorsed to show "Blount County Government" named as additional insured on all required liability insurance. The above shall be named as loss payee on ail types of required property insurance and for which any political subdivision of Blount County has an insurable interest. Q 8. Cancellation clause on any insurance certificates MUST be amended to read, "Should any of the above described policies be cancelled before the expiration date thereof, the issuing insurer will mail 30 days written notice to the certificate holder." Any deviation from the above requirements shall be disclosed to the Blount County Purchasing Agent. Coverages specified above shall be written on an "occurrence" coverage form suitable to Blount County Government. Complete copies of insurance policies shall be provided upon request. Insurer's A.M. Best Rating Guide shall be A IX or better. Certificate Holder shall be: Blount County Risk Management, 387 Court Street, Maryville, TN 37804-5906. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT •EETING DATE: August 7, 2012, AGENDA ITEM NO. 17 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Agreement with Day Wireless Systems, in an amount not to exceed $52,189.00, to provide maintenance, service and installation of the City's radio communications equipment, maintain infrastructure for mobile and portable radios, on call services and other projects as needed. PREPARED BY: Ronni Zengota, Operations Assistant /1 DEPARTMENT: Police PHONE: Ext. 4516 APPROVED BY: EXPLANATION: .� 7 Please see attached staff report. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Amounts are budgeted in respective departments and cannot exceed the following: Police Department - $40,000.00 001-411-000-287-0000 / 131-411-000-511-0000 and grant accounts) Fire Department - $12,189.00 — 001-412-125-287-0000 & 001-412-125-299-0000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: diTTACHMENTS: Staff Report Day Wireless Third Amendment STAFF REPORT On December 1, 2009, the City Council of the City of National City adopted Resolution No. 2009-285, entering into an Agreement with Day Wireless Systems. The Agreement provides the option to extend the Agreement for three (3) additional one-year terms. The Agreement was subsequently amended on July 1, 2010, for one year through June 30, 2011, for the not to exceed amount of $46,509.00. On July 5, 2011, the City Council of the City of National City adopted Resolution No. 2011-145, in the amount not -to exceed $52,009, which exercises the option for a second one-year extension for the period of July 1, 2011 through June 30, 2012. This Third Amendment in an amount not to exceed $52,189.00, exercises the option for a third one-year extension for the period of July 1, 2012 through June 30, 2012. Day Wireless has maintained and serviced the City's two-way radio communications equipment, installed and relocated cabling, installed modems, maintains the infrastructure on site for the City's mobile and portable radios, installed radio equipment to include bi-directional antennas, radio antennas, modem installations, relocated antenna cables, and provided preventative maintenance on City radios and public safety radios since approximately 1999. Day Wireless is the certified Motorola vendor for the Regional Communications System (RCS) of which the City of National City is a member. The amendment price increase is due to the cost of the maintenance contract being increased for the Fire Department, and allows for the additional radio installations and radio swaps for newly acquired vehicles for the Police Department. . RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO THE AGREEMENT WITH DAY WIRELESS SYSTEMS IN AN AMOUNT NOT TO EXCEED $52,189 TO PROVIDE MAINTENANCE, SERVICE, AND INSTALLATION OF THE RADIO COMMUNICATIONS EQUIPMENT, MAINTAIN THE INFRASTRUCTURE FOR MOBILE AND PORTABLE RADIOS, ON -CALL SERVICES, AND OTHER PROJECTS AS NEEDED WHEREAS, on December 1, 2009, the City Council adopted Resolution 2009- 285, approving an Agreement with Day Wireless Systems to provide maintenance, service, and installation of the City's radio communications equipment, maintain infrastructure for mobile and portable radios, relocate antenna cables, and install bi-directional antennas for public safety and other City departments, and for certain projects and on -call services for an amount not to exceed $57,005.04; and WHEREAS, on October 5, 2010, the City Council adopted Resolution No. 2010- 232 approving the First Amendment to the Agreement to extend the term of the Agreement for one additional year and increase the scope of work for the not to exceed amount of $46,509; and WHEREAS, on July 5, 2011, the City Council adopted Resolution No. 2011-145 approving the Second Amendment to the Agreement with Day Wireless Systems to extend the term for an additional one-year term for the not -to -exceed amount of $52,009, and amend the scope of services to include additional work for the Police Department and a decrease in services for the Fire Department; and WHEREAS, the City and Day Wireless Systems desire to exercise the option provided in the Agreement to extend the term for an additional one-year term for the not -to - exceed amount of $52,189, and amend the scope of services to include additional radio installations and radio swaps for newly acquired police vehicles, and an increase to the maintenance contract for the Fire Department. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Third Amendment to the Agreement with Day Wireless Systems in the not -to -exceed amount of $52,189 to provide maintenance, service, and installation of the City's radio communications equipment, maintain infrastructure for mobile and portable radios and on -call services, and other projects as needed for an additional one-year term, expiring on June 30, 2013. Said Third Amendment to the Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of August, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney THIRD AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND U.S. MOBILE WIRELESS COMMUNICATIONS, INC., DBA DAY WIRELESS SYSTEMS This Third Amendment to Agreement is entered into this day of July 2012, by and between the City of National City, a municipal corporation (the "CITY"), and U.S. Mobile Wireless Communications, Inc., a corporation, dba Day Wireless Systems, (the "CONTRACTOR"). RECITALS WHEREAS, the CITY and the CONTRACTOR entered into an Agreement dated November 9, 2009, ("Agreement") wherein the CONTRACTOR agreed to provide general services related to two-way radio communications maintenance for the City of National City, including certain projects for the Police Department, the Fire Department, and Neighborhood Services for the period of July 1, 2009 through June 30, 2010. WHEREAS, the Agreement was subsequently amended on July 1, 2010, for one year through June 30, 2011, for the not -to -exceed amount of $46,509.00. WHEREAS, the parties now seek to continue the maintenance of the two-way radio communications and increase the scope of work due to an increase in the number of police vehicle radios to be included, and extend the length of the Agreement for one-year, expiring on June 30, 2013. NOW, THEREFORE, the parties agree as follows: 1. The length of the agreement, stated in Section 5 of the Agreement, is amended by extending the term for one year. The new term shall be from July 1, 2012 to June 30, 2013. 2. The scope of services, stated In Section 2 of the Agreement, is increased by increasing the scope of work as described in Exhibits "A" and "B". The specific subsections of the Agreement are amended to read as follows: A. SCOPE OF SERVICES — POLICE DEPARTMENT. The CONTRACTOR shall perform the services set forth in Exhibit "A" for the Police Department during the extended one-year term through June 30, 2013. B. SCOPE OF SERVICES — FIRE DEPARTMENT. Contractor shall perform the services set forth in Exhibit "B" for the Fire Department during the extended one-year term through June 30, 2013. 3. The total amount for all work performed under this Amendment shall not exceed Fifty -Two Thousand One Hundred Eighty Nine Dollars ($52,189.00). This total amount includes the following limits on the amounts payable based on the scope of services identified above: A. POLICE DEPARTMENT. The total cost for all work performed for the Police Department pursuant to this Amendment shall not exceed Forty Thousand Dollars ($40,000.00). This not to exceed amount includes the specific scope of services set forth in Exhibit "A° totaling Eighteen Thousand Seven Hundred Eighty ($18,780.00) for the term of this Amendment, and up to the remaining balance for additional as -needed work during the term of this Amendment. B. FIRE DEPARTMENT. The total cost for all work performed for the Fire Department pursuant to this Amendment, as detailed in Exhibit °B° shall not exceed Twelve Thousand Nine Dollars ($12,189.00) for the term of this Amendment. 4. With the foregoing exceptions, each and every provision of the Agreement date November 9, 2009, as amended, shall remain in full force and effect. IN WITNESS. WHEREOF, the parties hereto have executed this Second Amendment on the date and year first above written. CITY OF NATIONAL CITY Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva, Esq. City Attorney U.S. MOBILE WIRELSS COMMUNICATIONS, INC., DBA DAY WIRELESS SYSTEMS, INC. (Signatures of two corporate officers regaled) ey� ame) (Print) (Title) of- O t�LS By: 14mA. ltr (Name) 6oraov b 3j (Print) (Title) Second Amendment -2- Between City of National City and Day Wireless Systems 04Y SYMMS SERVICE AGRL.....ENT dba: US Mobile Wireless Communications, Inc. 8300 Juniper Creek Lane STE 100 DATE 4/3/2012 San Diego, CA 92128 858-537-0709 Fax: 858-537-9570 CUSTOMER NAME: City of National City - Police Department CUSTOMER #: NAT140 ATTN: Accounts Payable - CUSTOMER/AGREEMENT: 565-00 BILLING ADDRESS: 1243 National City 81vd. CITY: National City ZIP 91950 CONTRACT START DATE: 7/112012 YES AUTO RENEWAL NO n DAYS WIRELESS SYS1'1fMs CUSTOMER CONTACT: Dave Noteware - Support Services Manager TELEPHONE / FAX #: 619-336-4509 Fax: 619-336-4525 EXPIRATION DATE: 6/30/2013 PAGE 1 OF 1 NMSxTMa MMEWENT MACEM'T=DMVIM YO.RINwSI.S 1.TMILQUPINMfdI1M&CUSIVMCaalItESIUttOMER NVIMOiEMMMMWILL OR'MVCMO PTO. MAKE IVIMILIel wAECOPOANCBNIIIMETEMSMIOC.O TtN6'NAII®CM rnr. a.IMf. 1N ”aftelMIIOEI IMMINEUrth&UICIMNRG' LMdMY.MITtRIwl.0 i MINX OIMMTPJA MYfION IINF.YIIENM. MNIMER TaV[M IBIRMM URNS fUEN mom. OMCMaME NLOW PLACE OF SERVICE MONTHLY SVC AMOUNT SPECIAL INSTRUCTIONS: HOURS OF SERVICE: 8:00 AM TO 4:30 PM Monday thru Friday excluding weekends CITY MODEL NUMBER/SERIAL NUN BERIDESCRIPTION CUSTOM IOOIfON ME'S o. .M SVCCIR MNLMI PER UNIT EXTENDED and holidays. 3 Mobile Control Stations` X 9.00 27.00 3 Reomote Op Positions' X 74.00 222.00 An annual preventative maintenance inspection Is included in this contract and 1 Spectra Consolette Existing' X 25.00 25.00 is to be scheduled by a representative of National City Poke Department. 1 Ethernet Router' X 15.00 15.00 1 Ethernet Switch* X 15.00 15.00 This contract includes ail parts and labor with the exception of antennas. 1 Tensor Channel Bank' X 25.00 25.00 batteries, cables, programming, physical abuse and waterlchecmlcal damage. 9 XTL5000 Consolettes' X 9.00 81.00 3 BOA X '25.00 75.00 15 Astro Mobiles X 8.00 120.00 17 XTS3000 Portables X 8.00 136.00 `Denotes that this equipment is covered under 24/7/365. 67 XTS5000 Portables X 8.00 536.00 20 XTS2500 (warranty) X 2.00 40.00 Contract included pick up end delivery of portables. 6 XTS5000 Portables (Warranty X 2.00 12.00 [ X] NEW [ ] ADJUSTMENT AGREEMENT AGREEMENT!, 56 Astro Mobiles (Warranty) X 4.00 224.00 3 Moto Astros arrailty) X 4.00 12.00 IRMEERNDE AGREEMENT 2- Addlional I MM. INSIIOM. and aerallons et .A HMS., FM PURCHASE NUMBER Totals for page 1 PAYMENT CYCLE: TAX EXEMPT: [ ] ANNUALLY I ) YES. ATTACH EXEMPT [ ] SEMI-ANNUALLY CERTIFICATE [ X ] QUARTERLY I x I NO [ 1 MONTHLY I 1 OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) TOTAL PER MONTH $1,565.00 TAXES $0.00 TOTAL $1,555.00 AUTHORIZED CUSTOMER (SIGNATURE) DATE: THE ABOVE SERVICE ANOINT IS SUBJECT TO STATE R LOCAL TAXING JURISDICTIONS. TO ISE VERIFIED SYDAY WIRE.Ess SERVICE REPRESENTATIVE (SIGNATURE) DATE: r dQ CAY WM14180 SYS7140 SERVICE AGREEMENT dba: US Mobile Wireless Communications, Inc. 8300 Juniper Creek Lane STE 100 DATE 4/5/2012 San Diego, CA 92128 858-537-0709 Fax: 858-537-9570 CUSTOMER NAME: NATIONAL CITY -FIRE DEPT CUSTOMER #: NATI30 ATTN: BRENDA HODGES 619-336-4570 CUSTOMER/AGREEMENT: BILLING ADDRESS: 1243 NATIONAL CITY BLVD CUSTOMER CONTACT: CAPT, MARK GUNDERT/JUDY WILKINS 619-336-4550 CITY: National City STATE: CA ZIP 92050 TELEPHONE / FAX #: 619-336-4550/619-336-4562 mgundertt nationaieityca.GOV DAYS WIRELESS SYSTEMS CONTRACT START DATE: 7/1/2012 YES AUTO RENEWAL: NO EXPIRATION DATE: 6/30/2013 PAGE 1 OF 1 AROMA MMII NMORMAIrtO WUR MOGRAMIMIZIA TKMARA, ORM PMNIMMAIM HlMIT ORRAMMMRRIM save MIL fWP`F®FY6 MOMIzMIRSa.M2COMPI,OIMnMTMTRMAMOOMIMIMRR POrIFOCM MTACMMME. TOR AOREEMIIT DOA NOT IMf1ME! RV IGAIR rOIAMRIMIItMTT flORSIJMMEOPAMITIVIAWPIONINE, MAIM, TOMR OR TOMES IIAITW UWE.R MIEN MORN I O®uIRIA AMR PLACE OF SSRVICE MONTHLY SVC AMOUNT MIMI. INSTRUCTIONS: HOURS OF SERVICE: 8:00 AM TO 4:30 PM Monday thru Friday. MODEL NUMBER/SERIAL OTY NUMBERIDEECRPTION moons =MOM !MC RA ORRBMI ocean MALR PER MR N7cTENDED. EXCLUDING WEEKENDS and HOLIDAYS. 4 Astro XTL5000 Mobile Control Station x 15.00 60.00 20 Astro XTL5000 Mobiles 1 W/Dual CH x 15.00 300.00 An annual preventive maintenance inspection Is Included in this contract 33 XTS5000 Portable x 9.00 297.00 and is to be scheduled by a representative of the FIRE DEPT. 6 XTS3000 Portable x 9.00 54.00 28 Vehicular Tri-them charger x 7.60 210.00 This contract includesa8 parts and labor with the exception of antennas, 2 Battery Maint Systems x 3.00 6.00 batteries, cables, programming, physical abuse and water/chemical damage. 4 Impress Rapid Rate Chargers x 3,00 12.00 17 Speaker Mks x 2.00 34.00 MR THERE IN NO 24 HOUR COVERAGE ON THE CONTRACT 5 Desktop chargers Model AA1670 x 3.75 18.75 1 Batt Maint System Model WPLN4079BR x 9.00 9.00 1 XTL5000 Mobile x 15.00 15.00 [XI NEW []ADJUSTMENT AGREEMENT AGREEMENT# AddMMI, MINI, deMNIMM end MRIMMM of Na SERVICE AOREE/AENT ern peened an Me 2 P.OJ IS P.O. REQUIRED? LJ YES, ATTACH P.O. f 1 NO PAYMENT CYCLE: TAX EXEMPT: [ ) ANNUALLY [ 1 YES, ATTACH EXEMPT [ ] SEMI-ANNUALLY CERTIFICATE [ x] QUARTERLY I x 1 NO [ ] MONTHLY f 1 OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) TOTAL PER MONTH $1,015.75 TOTAL $1,015.75 customer(SIGNATURE) DATE: THE ABOVE SERVICE AMOUNT IS SUBJECT TO STATES LOCAL TADS° JURISDICTIONS TO SE VERIFIED By DAY RIMLESS SERVICE REPRESENTATIVE (SIGNATURE) DATE: A 3 CERTIFICATE OF LIABILITY INSURANCE 9DATE /30/201K1» THIS CERTIFICATE 18 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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IINPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poliicy(ies) must be endorsed. If SUBROGATION 1S 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 endorsament(s). PRODUCER Durham and Bates Agencies Inc 720 SW Washington Suite 250 Portland OR 97205-3554 °FACT Melody Kirkendall or Joanna Brown PHONE . (503)241-0154 1PlM9L (509)532-0628 Npn;melodyk9dbatou.coa or joaanab@dbates,corn Ma Da100003730 INSUREF06) AFFORDING COVERAGE NAIC• HSiIED UB Mobile Wireless Communications, Inc. DBA: Day Wireless Systems 4700 SE International Way Milwaukie OR 97222 INSURER* :OneHeacon America Ins. Co umulmtaNavigators Insurance Company INSURER c:iiartford Ins .Co.of the Irtidweat 37478 IN suRERD;Hartford Acc & Indemnity 22357 INSURER E: INSURER P: CERTIFICATE NUMBER:US Mobile Wireless 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 CONOMON 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. OMITS SHOWN MAY HAVE BEEN REDUCEDpL,N,ryBY PAID CLAIMS. MR LIR TYPE OF INSURANCE ADDL INSFLVIV N18tr, t VIVO POLICYNUMaER MIOD SSIMIDD EIYY titraTLDD1YY17J, LIMNS A GENERAL LIASILRY COMMERCIAL GENERAL t1ABILITY X OCCUR u - 7110099100005 - 10/1/2011 10/1/2°12 EACH OCCURRENCE S 1,000,000 X GARAI%TO RENTED . EKBEs fa, �1 $ 1,010,000 a 10,000 CLAIMS -wok M FX (MYonepwsm) X $1,000,000 UMBRELLA PERSONAL& AOV INJURY S 1,000,000 X LDLSBINGTON STOP GAP GENERAL AGGREGATE 5 2,000,000 GERLAGGREI-GA'T'�E LIMIT APP�UE4 PER: 7 POUCYI I P 17[ I LOC PRODUCTS. COMPJOPAGG $ 2,000,000 WA EMPLOYERS UABIUTY S 500,000 A AUTOMOBILE UABRJN ANYAUTo ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 71100991E10005 10/1/2011 10/1/2012 COMBINED SINGLE LIMIT (Ea=clang N 1,000,000 X BODILY INJURY (Per person) i — BODILY INJURY (Per rrldeo0 S X PROPERTY DAMAGE (Pei aaMetd) S X S $ B IalNEtJ.A LULB [JAB X occuRLA11Ez5161165IV CLAIMS -MADE 10/1/2011 10/1/2012 EACH OCCURRENCE S 8,000,000 XERB= . AGGREGATE $ 8,000,000 DEDUCTIBLE RETENTION 3 $ $ C, D WORD COMPENSATION AND EMPLOYERS' LIABILITY ANY PRO PRIETORIPARTNERIDIECUfVE YiN OFRCERMIBABER EXCLUDED? (mammon In NH) DMeatsuser DESCRIPTION below N!A . 52Te:LWC $9641 NV- C Hartford of Midreat mHartford Boo Ind 10/1/2011 10/1/2012 j x Sl�4l PAR �-�`�ACCIDE S 1,000,000 1,000,000 S 1 000 000 E.L DISEASE -EA EMPLOYEES EMPLOYEE EL L DISEASE - POLICY UNIT A GARRGENEEPERS 7110099180005 •10/1/2011 10/1/2012 COMP&COLLLIMITS $250,000 DEDUCTIBLE $ 500 DESCRIPTION OF OPERATIONS I Re: Continuing Maintenance Liability Technology Nail Original cart to: 92950-4301. LOCATIONS 1 VEHICLES Projects lANadh ACORD 101, Adrtlaal Ramada SHntluls I awn space Is nquInd) throughout National City, See attached Poyang VCO207 07 09 Vantage fox General and MCA 201 01 09 Vantage for Automobile. City Attn: Ronni sancta; 1200 National city Blvd, national City, CA Companies, City of National (619) 336-4525 rzengota8 nationalcityca. go CITY OF NATIONAL CITY - ATTN: RONNI ZENGOTA 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4301 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WIU. BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. AUTNORD ED REPRESENTATIVE Joanna Brown/Mat INS026 poem 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 711009918-0005 THIS EIVOORSEMENTCHANGE8 THE POLICY. PLEASE READ IT CAREFULLY. @VANTAGE FOR. GENERAL LIABILITY TECHNOLOGY COMPANIES This endorteMent Modi2es itisUrerice provided_under 9113 .10110412: COMMERTAAL GENERAL LIABILITY OVERAGE FORM The fellevilog schedule lists th0 coverage eXteinalore provided by thie endorsernellt: Refer to. The lirdiVidinal provision:3,th cleterniktethe extent of your cOVerage. • M. • f +11 IN I • 1111111111M EN 0 III 1. AdditIonalinsiled -Broad Ferm_Vendbre: AdditiOnalbstired —.by.Contract, Agreement Or Perinitrekithig th:. p OA performed by you_ premises Ydrt OM...rent, lease or Occupy .Equipment you lease 3. Aggregate Lin:4Pa Lenten 4. Blanket Welver of Subrogation S. 'Bodily. Injury Redefined - Mental Anguireh 6. .Broadened. Miffed Oared. 7. EiKetierted.FritipertY Orimeige .112111399E1 Equtprnent .Custblytere. Goofs Elevators se4HAPI,R,E OF OOVE0O.E.EXTENSI9hIS 8. Coverage Territory — WorkiWide 9Duties In;Event of Occurrence,Olairn jar Suit iO.trixiotodOr Intended Nary( (PP) 11.. incideritallviebthat MaiPla oboe 12. Medi-Oat Portents 13. Mobile Equipment -Redefined 14: Neerly ACOUIred Or Formed -Organizations 15. Non -Owned AlrOrift 118. Non-OWned Weiercrait 17. Personal end Advertising Injury 18. Product Remit! Expense 19. Supplementary Payments Increased Lfieits 1. A01)1110NAL 19.151i.RED —BROAOFORIO.ENOORS Section — Who is An insured is amended to inckide as ineurecieny person(S) or organization(s) (ref —erred to below -as -vendor) ef Dr:Wheal you agreed in a Written tOntract-or agreement to provide insurance but only With wept. to I:09y injure of.'propertY.dienage-" arielng 014 Of "YOU! PrOcklOW'whicli ore dletrilnited.or sold kith e regular:course of. the vendor's businesi, elirbjettto the follbwing addigonaleXeluslOns: a, Mil 9c*AdonlotkiiisoetaPplY to: 11.) 'toddy injury": or "property damage' lotiebich-the welder -el obligated to. pay damages by reason of the nieurnpliori.ot abIty hl a contract oragreemdirt. Thisdeolualdridoes not apply to liability for damages that the vendor weted have the absence of tbe ccintract Oragreement; 12) Anyett.irees warranty not auttrOdzedb you 13) Any physical or chemical c Mingo In the product madelntentibrifilly byte vendor; (4) Repackaging, except When unpacked -.solely:for the.,PUreede of Inspeobort, dernonStration, testing et the subslItutton of paitsunder instillations from. the Manufacturer; nnti then repackaged In the original container; (5) Any Were to rnake such Inspections, edjustmenes; teeth orservioing asthe vendor has egreedto make et -normally undenikeS to make: in the usual course of -business, in connection With the distribution or stied the en:AUG.6g. (6) Oemenstraifon,: instellaion; servicing or repair Operations', Vont Nati 9001900119 performed at the yoriefore premises InoprinectIon with the saie &the produett (7) Product§ whiCh, after distribution or sale. by you), have been labeled or relabeled or used iss:a .conthiner, 4/artor ingredient of orly Other thing or sult.eteince by or for the vendor, or itf.key" .re'rgePerry *Toe arising, init of the sole rieglgeithe Otto vender tor its own acit§er Ornis,Slont or those j ite employees or anyone:else elating -on -Me behalf: HoweVer, this exClUtion-dOes not appjylo! (a) -Thesexceptions cbritainedin ltibrOgrOgratihe-4, Or1L.; eith3207,07 OS 04ti4loo copyrighted nunetill of insUratice:Servke9 Office, Ira. OpyrOht 2009, i 001119 019019100001111i9iii11101110t 11111101111119001 • Pago1 01 (b) Sucfi itisPectiOns, adfriatiriente, tile% -cfr servicing as -the: vendor hasagfeed to maim or normEdy tindettakeetotakis hithe usual 0otirte of Wash -eat, In AbrinectIon with, the dletribetiOrt or sate of the Products.. (li) My. veoderk porsoo or organs e-"prodacterionvieted Delusions hazard" is exokided either by the proVisions.bithetoVerage Forrnsor by endorsement, b. This Insurance does net apply to any intact perm* or erganizatiOn, 1iOmwbopi ybu here atetirizid el.tott PIOdecfai or anyingredient part or coritaineri anteing. inte, accompanying or containIno.sUch .prodOste. 2 ADDMOIVAL.Ramen -ettleflAcT,AGinemovr OR PPRisiT- geollPttif is An insured 1-eamended to int:lids...as eh. addle/Mal 'figured any Piiisen(s) Or orgarik 2000(s) yi.lth -whont ypu agreed rtkawrItlen contract( Witten tigyeetrient or Windt) INOVItie iniMance Such gre IS odor* UnderthiS Coverage Part, but anirwith respect to lfabtlty for "property damage" - Or "personal and radvereSing inituy' caused,in whole or In pad, by your acts. Or emissiont or the acts or ernissionellthoSe acting:on Yetlibetkilf: • 1. in the Pelformiince orydis*Orle foY the additortal insuredis): ate. foiCnfion detiguntld fp temntradt, agreement or permit; Ai 2. in the maintenance; operidion or use of MiliPiTterd leased faypki byeuch:riertOn(S) or citeniziadoii(e), or G. in connectionewet oremisee.yoO own, rent, beim Or acAugy.. This insurance apPlrAtPlIA -printery or -Primary enttnon-contributory basis 11. that's regulitifirivirittp by the dOntrtld; silreeMentsrpemtit. b. The insurance provided to the additional -Insured herein leirettait lits Insurance does-. notaPPIYI 1. 1.14.10es Of tee molten coniract eareethentor permitis curretitlyin effect or. Weenies-Eiffel:rive during the terA tble policy; and the RortfOlof 'or Sifieeilleilt was OntA.APtect Pr pert* Weed prior to the "bodily injury', "prOperty Marriage, orperstorteland .adver.35Inctligari to -Any Rpm) or orgobikation included Mkan Insiared Under .the .Adonal insured - Bread Form Verniers ATP*Ion ritthfs• endorsement; .3. To-ahY Perkwel`OMStelon included utt.en insured by tilkSndorsement issued by- usand made pad of this Coverage -Par% 4, IP AM- .Perearr Jtq' Prgardiallon IfThB "bodly jury,: -"goPeirty -Jdame", oi "personai. and advertising pi*" 'Arises- out of the ',modeling of or faeure-to render eny prtifessidnat ithilltectural, .eagineering or Surveying setvpis by or f or ygu including; (a) The preparing, 0:Preying, Or failing to prepare or apptoVe„ maps, shopdrawings, opinions, reports, strive% field Orders, thehgeorders orchawings and.specificatIOne;.or SuPttlYisOrtkOPtfotkal, erahlteaturatmengineertna activities. '& Taimyr (s) Lessoreiscrtifprusnt,aftar 4y acwipmentlettee terminates °umpires; or lb) Owners -or other Were* fitinWhOrn land haebeeh.1011Saft-Pt (9 Managers at lessors rd premises It Ti*°00ourrencosteices place after you cerise to be a tenant in that promisee; or (2) Thehadily in144; 'PMPertY derP0fier.$0030TIGiargilcivertAXI lathe Bikes out of structural alterations, new Conetrtiction or demolition. operations .performed by grow behalf of ilia manager itIr besot, qrpr�pedydEiMaile" .00currin-cl alter - (4 Alilleirk �rItheroJ8ct (other tail tem*, Maintenance Or ispAirs) to b porionned toy ;ran behalf at the additienalleeurnd. thefeite Of the .Covered Ogeratielle.hati. been Vkgrogiteci; or .(b) That; pbttiori of 'yaw work which the or -damage arises hes beta 'put to Its Intended usa by .any Retrain tir :organkaionqtryqg than: another contractor or subcontractOr engaged; in perfornling'OPOnitione ler A PlintiPPIRA part of tteA8.11A *Oa Page-2 Da 'loducle.6-00OvitghteG matohil of InimeneeGolviolso:Otles, Inc. VCG 207 07 011- - Copyright 2o6O, UrnitS: of insurance shown in the apPliet t spars:101YR/ each of your Or premises Whose connection is koad. Condition Is Einlended to and tIte We•will:waive an right Q.1 recovery we may have against any .pe0ir or01ganizetroo bestreee of payments we make tor injury Or• deMage. mieleg outzIwurailadnil aParaikaarclabe antlarawriitan ..contract cregreement with • that person or organization and Included in your work" Or -the "prOdUeta,conipleted operations: hewer This arahret apple* ,.onty. to -persona (Worn/inbred/m/s with whom you have a written Contract, executed odor to the injunt or"property.damege"; tett/squires you towaIve your righte-of retovery. 5. jEIODILVIKAARY REOEFIREV-MENTAL ANGUISH Under Sectten V the -definition oebodliyinjtur isleplaced byte folloWingt "ittidityiniury" means bodily *pry, side -leas, Oristease detained by a person; inch/ding mental angUlsh .ordeadi' reetlittni) tom gltottlitheteatanY, time. B. BROADENEONAMEO INSURED Section Who *An Insured' is amended toinalUdia as an insofed..fh040110110: Any Orgarrizattbh whiff * a 101galiii tatorparated artily in which you -own a floariClai interest of 'mere then 50 Percent Mine irbling MOO On -the effective date of this- et•51orsement.will be .a NaiRed Iristired Until the 150th day or :the end Of the policy period, whichever comes' list provided there is no Other similar Insurance .OW*1* to thritargenizeliorr. The *wanes afforded herein /106e art aPPIYI0 any eitty Which IS ataran insured under another poky or Would. be an insured under such poNal butler Its terrnination or the exhaustion of its limits of Insurance, 7. BROADENED PROPERTY DAMAGE — BORROWED EQUIPMENT; CUSTOMERS' GOODS AND USE OF ELEVATORS The Insurance fOr 'prone* demeger liability iseubjetohefoIIOWfl� R. The DamageTO PrOpetty Orckie1011 0140 aeallaort: 0091E00E4 le amended safallawat The. eXOUsiOri for personel torbeerfy In the care, custody or cOrittbf Of the Ured does' p01: POP4f "property .damageto equlpinent you borrow While at a: jilt)site and provided It is not befflg used by anyone ett pertenn operation at the time clf10S9. 2: TheexcEuslons for (a) PitOpigtf 101aci you; (b Femoral propertyin the owe, custody or CorrtrOlof the insured; end (c) That. partiobitit Part Of ally property that must be restored, repaired or replaced-bat:Ruse your work" vont lettinectiy Perferined on 11 do net pPly 10 'property' damage" kr k'oustorriers' prieds9 -while on your Or/Woes nor they apply to PreParly damagreansing from the use -of efaVatersatrernises yOU own.:renti. lease 0r occupy, Subject tri the Each Occurrence Limit, the most we: Will pay for property •drimage" to "Customers Goode' It 535,000 per "otetirrence".. c. Limits of Insurance appIciable to the additional insured are Mote specified in the contract, agreement or •premit or In the Dedarations of tills policy, whichever Is loss, and fix the Mott we will pay regardless of the number Of: I. Intiftedt; Chin* MideM• 'Suite 14110tIti.ar Prsan;r orgenitatiOnernaldr10•Claiint ornririginSuits". Thee Litritta Of *Mance: are inclusive of and not In addition To the OeclaratiOne, AGGREGATE LOAM PBCLOGATION a Undertractlen pirrnarearm, the Genertif.AVIregate. Limit lOcatiOneOwned by ortentrial pt eased -to you, tincior Section y—Delinjitims,.the followincrdeffhllion addigh "Waiter Meant Preinitet inV0.1000 the Gerne- or connecting lots, interrupted orey by asfreetrOadway, waterway or r1liffi1,04aly. of a raj 4, EVINKtt WAIVER OF .SUBROOVITON .Section IV 4- Transfer of ROW of Retovety .Against Others to tit folloWing: 1. vco ger. 07.* irouriestopyrierveu.niateruit offnoutanr.a.Servicals0060,Inc. 4*(103 oil 'CapyriptittiOa,111i1111111111111lill1111111111111111111llairilli POLICY NUMBER:711009918-0005 THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. @VANTAGE FOR AUTOMOBILE This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following schedule 11s the coverage erdensbns provided by this endorsement Refer to the Individual provi- sions to determine the extent of your coverage. SCHEDULE OF COVERAGE EXTENSIONS 1. Additional Insured By Contract 2. Airbag Discharge 3. Auto Theft Reward 4, Blanket Waiver of Subrogation 5. Bodily injury Redefined - Mental Anguish 6. Broad Form Named Insured 7. Communications Equipment 8. Diminution hi Value Il. Drive Other Car - ExecuWe Officers 10. Duties in The Evert of Amadora, Claim, Suu or Loss 11. Employees As Insureds 12. Employee Hired Autos 13. Fellow Employee Exclusion 14. Glass Repair - Waiver of Deductible 15. Hired Auto Physical Damage Coverage 18. Lease Gap Coverage 17. Liebifity Coverage - Supplementary Payments 1a. Newly Formed or Acquired Organizations 19. Physical Damage - Transportation Expenses 20. Rental Reimbursement- Private Passenger Vehicles 21. Towing -Any Covered Auto 1. ADDITIONAL INSURED BY CONTRACT The Who Is An Insured provision under SECTION 5 - LIABILITY COVERAGE Is amended to include as an additional Insured' any person or organization with whom you agreed in a written contract, written agreement or permit, to provide Insurance such as Is afforded under this Coverage Form. Such person or organization is an insured" only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part by your maintenance, operation or use of your covered "autos". Wfth respect to the insurance afforded to these additional "insureds", this insurance does not apply: a. Unless the written contract or agreement has been executed or the permit has been issued prior to the "bodily injury' or "property damage"; b. To any person or organization included as en Insured" by endorsement or In the Declarations; or c. To any lessor of "autos" when their contract or agreement with you for such leased "auto" ends. 2. AIRBAG DISCHARGE If you purchased physical damage coverage for a covered "auto` under this policy, we will pay to reset or re- place en airbag that accidentally discrharges without the vehicle being Involved in en accident No deductible applies to this additional Coverage. However, this coverage only opens If the airbag Is not covered under a manufacturer's warranty and you did not Intentionally cause the airbag to discharge. 1. AUTO THEFT REWARD We will pay up to a $2,000 reward to the event of a covered loss, for h,fo,mation leading to the arrest and con- viction of anyone stealing a covered 'auto'. A reward will not be paid to you, a family member, employee or any public official whie performing their duty. 4. BLANKET WANER OF SUBROGATION The Transfer Of Rights of Recovery Against Others To Us condition under SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A. LOSS CONDITIONS is replaced by the following: We will waive any right of recovery we may have against any person or organization because of payments we make for Injury or damage arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an 'insured contract", provided the contract Is in writing end executed prior to the "bodily injury' or "properly damege". 6. BODILY INJURY REDEFINED - MENTAL ANGUISH The delinition of "bodily Injury" under SECTION V- DEF1N1710NS Ie replaced by the following; "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including menu anguish or death resulting from any of these of any time. VGA 10101 09 Includes copyrighted medal of Inmate* Services Office, Inc. Page 1 or B Copsight 2004, CERTIFICATE OF LIAEIILITY INSURANCE ifitsetrrrtTI GPO/2011 qt4o1FtqATO ts issuEw AG A MATTER OF INFORMATION citLy ANS CONFERS NO MONTS .UPON THE CERBFIOATS HOLDER PUB CERTIFICATE DOES NOT AFFIRMATIVELY ba NEGATIVELY AMEND; EXTEND OR:ALTER THE COVERAGE AFFORDED MY THE Poucuts BELow: 17100: CERTIFICATE OF INSURANCE POW NOT -CONNITIUTE A CONTRACT BETWEEN -Thet iosulm INSURERS): AUTHORIZED NEPR.ESENTATINE t4 PRODUCER; AND THE:CERTIFIONTE1•101-DER., IMPORTANT: Sae cartificarb6 holder kr an ADDITIONAL INSURED; the polk4(es) must be endorsed. If SUBROGATION 19 WANED, . Ithifictle thu ifilInt!aINI APhOmetal VON? ONO. Gettain PO*100 !row F044!to on efidersemenL A statementon thts Certificate domino' confer rIgifio to the • '64ilesidst haifierinlifitt ifieuifirindirisernerkifi. retielltjak -Dtribara aitd SidiaSta Acjadirsise xna. 733 gw Witabingt9n flxi#41 250 Pottialid OR 972011-3554, WOuRE9 OE 'Hailis Hireldsi t'd+ahrulnta cations? Inc. )4(1 w#44444: Wirof*P, 4704 Sifi: l'utirrriAtiofial Way Milwalakto 9722 " • ' 14a7 *04Nif 1147/01541111 �rAdo** ScOlth (503)14-01.54 ateirs.,curra,of joannabIldbrited.00re IPAPPD42/0661130 VSSURERISINIRM1110 CORERAGE liftifoof A Proaea0021 America Ins.. CO ogiOgita re,travfi.cistora Xriituranoe Compao# Agssoic Oct:ford ro5a, Co, of, Use 111;doctsist.,37.471) stiussmatt 235X ttfgl*ERE MOUSER F: Ili es* - -MOM TO c!..Krify.Mxr1HE pOUCIF.O.or iStgoMpteg 1N0IOATgo, NormwATANOI*3 ANY REQUIREMENT, Ofirrwtoug. MAY ot-igSVED OCAVitPERTAN, EKCLUSIONSANO 005)0mOtis OF SUCH POLICIES: =go•Ogi.owHAWegEN ISSVED: TO 701E0OURED MOD AlloVf 0.II IliE POW!. PaRiow TO 1141.0014 THIS. Aki, 010.1E848i TEM OR 90NDITISTI: OF ANY CONTRCT OR -OTNERROGIANENT WITH REPOT ME #4241.SCE AFFORDED BY XI° PDUDIED DESCRIBED HEREIN ID stlera.t: Tt; Was SHOWN MY Haw OffEstoebucED BY PAJp.o 643.• WS SYSE OF INSOlitMsE' • Malt - ' Pout,' gawk * OM , • cosiERALISMITS -,,, x Imamate:A Gomm. 'mull WA °comma a 140(4000 Minfrals ea s 4 ,:ctio io03 • :'0Alrialudi Tii ocogn 0110099113DU05c 10/17200 10/1/200 1.00 ibitikt.=4, . iithsarkii.abvitiaray• .6 - 10,4600' XII. 61,0000011Miseifilifik 6 1,'000.:10017 . Waifitratracer dabir, OAR GENERALdkiciiimmt 2 ,000c000 Artardatifire : Olds kir Faux . PROOUETS -COIAP/OrAG0 ,a___ 5 2-,000,000 1 500:000 I pouctn . - trAlifigt0•1ifital*Lely A• isiormaairideruly )5_14,x5Xliff I apAt66a/Attrea -- 1,Sgazo0tgoi.Zuy05 • • 6 06 icr.onielterehmdeiver - Ira , . . .. „ . - X,000,o00 — Bono rum -pit pew OlAtiO4s . a R*100641loost ps/i/6011 -......Na 2001XsaUttrffirs0001) 1 ociopow mime, Oa escg4sS- 12E,H*E0AOTI:FD I i NOSSOMINEMINS, ,- . s ' B' _lAiliatt ' . X I.Mcf.661.166 .. . ; manammula itikUSISZOIMEErt. PA/2011- Za/1/10.1,2' 6Acripecimikerice . „I.. 0,000,000 Ati*P.TE. a .4020, GOO - ....j catocrent 1 I.RaTearme $ Q. : 12=0812.°413"6"c"o5skitt ... . -41Y-Praidell°P rWPARTheantEarfivEraciau otserianntitE IOWA OFORguaKe9some. y • NIA : 10/1441/ 60/6.0012 )L1.,vTediaattoq ,..car., 1. Vtv-- 0 ilar9.64E0brit ok Hidweet: -al: Jir.CiriAtiterrr ' " ' " - - a 1,000A0 0 0 . , .- FA,ort.:1; riertrord ago Ma , J.i...asesst . is EMPLorie i . obol'i DO o Et. DISEASE s.. ii0LiVi uisr .5, I 1,410.000 42.004 000 .1) $00 it:ABA=4:2E2NRS in10.0-616e0008. -9.0/1/2012. ;10/1/201,2' telsir...5p04.Lt,54a5 PEOKtako macarnoir orrargrenOrd I iderrhoser901:1344.14,04 tui: COAthrgcnia.NdritAr6e0dot#03ento :ifirrOughout 144111ty teifiknology, Compenlea, end ugh Sall .0alga1gionet- tor City cra National 91.1ifib.-001, OM 'IA AdAti44, 011.700(444400•1PwY'_.1'11!"`Plimil tifit1one3. clty, ESNs attemeta Come inifi201 07 09 Ventage •Eir.c• Mammal al 201 01 0.9 Victors koF Elstoisp bilis: city v atria:, small Sengotal. 1200. Nation-4 gitY• Ella. earatonal Cs*, • - - CERTIFAVE HOLZER'. CANC TION (61.9)-A6,025 izeggetatnot.1,64a).4Viral5,40: IT! .-• Widicawa, iITT .ATIgi,:_ftcoN1,1X_RIRAIPRW 1143 NATTAMAL CITY BLVD NATIONAL CITY', CA• 919.50-4901 dtio: AP& or YRE 009k DES0R4mb tiouties OE dAtiCtUxo BEFORE NE *.xingAitti: PATE Vio5Rfo, t ROM WILL BE bgl,g/ggini 91 K.Cogopaitqg war! 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We. ee emj rightettecoverk rive n ffitate again_st:ahkIperso i'or-orgaittzetfan become. orppayments• we. rage 1or10/1 ycdatnage,Wert autoty*ttroftrob epf oc#doaeudderewrtttdtiaon#nxtceIPpreenle;it iQr that peon tr otgeittbeioe and: included In 'Your work" of the "etoduc toff ted epepttbns;ha±ar",'this waiver eppRes-oily. to persoM or norilzatbnewith;whoniltu WA- a.wrifers.conitatd`. .akaaaled prior%to. the' bodfyinl4 or"txoporty'rrehiagV, ttittgrev:yguto'ta>i[eyourriohoat'reeDveryt Rom 4YINJucir'Rt EF1NED.. MENTAt..ANGUMSlt •U.trder'8erpmn_V,.tfie deNtroit of "bbdihJnitirse is roplaoed byme tosowfngs ' td Tn J't eri. borltN. :aisea'ie swtained by a person, indedlei menterengiilstt et •death liNA let ttrotn any ot.dtgpa any Brae, s: }Nion fr NAM fNt:Gliep Sects on:ll--.WWII fe•Ari tiia u d tts: emended'td ittaluda- kataft d the fo1Wwwng -Afti•Ottiit:aitldit which 110' tegelhk iboreporated entity WIWI : pie owe b. tlaartclei Interest otrtore then sfl dbtceint oftho\ioting; k'an; o atfectrve'Mao «thta.errdorsemont:will be fumed Insured.untif the 180th 'Say:or'the end 4f the paw pattoic ht¢heyer cptnes rest provided there folio other. stfilittrinsurancp py1e00141o,*etot rite bn. intall'OPP,e. 0000 besrekt. Obi not .a .. ita.a ;Ott r!irtfidi•.ib'alsaraiY. ineured.itoder aano1her poker 'w UId...be Ott ittsaredundetsuchpottcybit fai*xis rr eajfafrortheextiatiettfet,eftteIbbtb :ofinswanoe. • 7• ktig Oi yEQ PROPERTY 13A0444E - tQR1 t4Op EgUtpNiENT, CUSTOMERS'• GOODS AND (AE; OF ELEVAT00 TheitlefixanOe tOPhOtOPeitt 40030 tfabliit.YiaaaNaattathe;fetiowinq: The'.Darifage:TO Property• CXokistoii'.linileI Seoltits 'towage A town poled- as fellows The: eeetueton 1b pommel property In.iffb sdatil eubbidtor obnir.01 of the krsured Oboe hot appb.'ta t+ pe1ht't 4 fa egaWataCYOU bbrrtbitif Whlle et a 104 aite "and Ikovlited d is.0at pfing: usasl 4Y- .ahybrie to perferfn Operations Attie kite of Ibss, E. Thh .>ezdualons for to/ PallatflOaabolIo.1491 (ti} Pat'ebirtft ptOeWlaThe oafei.b y orcontjj.of tt1p)tts4rad: prul to) Tbat ebarettier part of eby propa,t that must .be .iaatotadk rttpaIrba or 101000 *Mee y 'Wad" wes lnoenaally Performed on it: do:tiotappy to weibeedy dr#tnege" to liostbi»ertetootte Whitt On ytibt Melees Hansa y ppiy to "proporty datnago arising fi bnLthe use of elevatOrb at.tgemises you own :card; Lose or occupy: sitblati to -lbw Ear;N:Oceutre[rce AA*, the 100.et We .10 ivy: fOr VroPirtY: dameg$" fo tustomeat Dow* t Is. S33,np0 per °occurrence'. Vo sor ogee 1.4411,4e tOPi e.!e. .etetinWeiketes.sit otoof,rr Page3.er7 a alnifiti litieiimuiintettwieetnweeit FOLICY NUMBER': 7111:11,9918-0005 Ittib ltftiORSEMESrettiktiGES IREPOLICT.ASE'AEAD rr CAREFt14-Y, VANTAGE FOR. AUTOMOBILE Vas andersornent mance Insert** groVidetterder 'ha feltbiablg; 41,1472,036AUTOtOVERAG-E;05RIA *12$inerrag softatiffietta:the sewerage extensional Roiled bp. tfils eitilOraernitit. Weil& thQlitiV4ual.:proyl. slopotadeifuraltO the 0104 YOur *SOO; . , ,SC4OULO OF COVERAGE BATOOSAINs_ $tWO .10001100 FrOicailEMPI4001,1001$1104 12. &Usti:oyes. Hired Mos Ariffigorial instead Ihr4Ontract Iteki,T44 ROWerct 14. Maas 'Repair 4...WeiVec 0060)01i:4e tjairdterWirker of atibrogalion Irk Hted Auto Fait Pernage0oVerage Lome Om coverage ,i1; godly injureltedvatext— MentaliArenristr 5000Foroi mottio.issuu4 • 14.0010tY.POSorttsot .,Z.0o01000,041Y PE000136 'Oanannetcaticarskquironent 16. Newly team:dor/WOW 0.00000406 . . . D00400— Tr06000000 EileterOae Plibleffiket in Wart "9: Were Otbar Car 1-Executive officers 211. 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TO 00130•00 01100007 MOO lb* Orittii0.0 403100 AIM you tOr 40003000dItuttr'0000. .aitiffi0.433513014ARGE Ityou tOratituiortoigir clann4moovfortga for it airareVatitcir Nati itsigGVwe pay to *Ai or ra- )tatt 040' :gr10:ffidatffittlY -*Charge! witluetihe VAhichi Oeirfil'invOlved-tn-erracCidant149.000c1gge lecke eirvintge. .Hower, this.coierege only "ailptiesilt ffie airbag le not covered entire- rcaisubdurefswernmAtendy0ti,t20 not trusstionottosusOtho•ssuso AoAtsotstru0-. AtirtrileerREVRO: -Wrivittooy taficret2,000.reward irf the event ritvoovereciacea,.br Ina:maim Isadfog Ao ihoarrest and con 010000'0103YorteS1001001:040.1000 "0.007:Ar0.049.411, 001 NE00 0401. 0 WV Itter1030., 000101640o4Y- oubilaoIkkavituls-psitiumittouvurctuty: ..14ANKM*111ESOFWEIROI2X11014 flo tratist0r ot MOO tif ReeveCateigUrt -tinderStaripti sIty*pigs. CotOirrkiffitiOtrrinpaali.A. LOsffiCONDITIONfalenerteced bytierolitwornpt. we WillvertAtany# ggnr or' ranoyert wa. nbq tie* 001114;01V person Or OrgtwOltaloit bOceuse 0 00000 00- tosiroloitoluty. Or damage -rMq out of the sperWan Oa- covered "auto' when you have sostunettltsbAlty ftw, .0040r1010V:Inttirt or ''tootterlf000040" under eri Ittatitirt cOrifraor.; pifoyged the. contract Is In ivrgrio end executed prim lathe "bocilyhtlue-cr*ProPetlY dec1a9V, 5. sorg-Y00JOIrtifakenNt10-00NTAL.AttgUtsit .1*04101000 0-100/0jurr 000.:sumptiv—PEFINTE1000. r4 0,100.11.1*the 1dVbw VeCafrinimf meant Ocog*Nuiy-3*iciregpx Orffie0090 Viitakied bye rieitOrti ki*Eret:Of4rItil Ircaubdi,or des* 0006000 10000011.104 nine. • 9d, totifis inewittepitoutorotroontiogOsittibiis oft* kiror 0041004 1401`631 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE August 7, 2012 AGENDA ITEM NO. 18 .'EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Grant Assurances for the FY11 State Homeland Security Grant Program (Fire) PREPARED BY: Walter Amede0 DEPARTMENT: Fir PHONE: 619-336-4556 APPROVED BY: EXPLANATION: The FY11 State Homeland Security Grant Program was designed to supplement the purchase of equipment, training, exercises, and planning for police and fire personnel. The FY11 State Homeland Security Grant Program consists of the State Homeland Security Program (SHSP), Law Enforcement Terrorism Prevention Program (LETPP), and the Metropolitan Medical Response System (MMRS). The San Diego County Office of Emergency Services coordinates requests for equipment, training, exercises, and planning on behalf of the City of National City. In order to receive grant funds, National City must authorize the submission of the Grant Assurances for the FY11 State Homeland Security Grant Program. The FY11 State Homeland Security Grant Program is a reimbursable grant that requires jurisdictions to incur expenses prior to being reimbursed for expenditures by the San Diego County Office of Emergency Services. FINANCIAL STATEMENT: APPROVED: 44 Finance ACCOUNT NO. 282-411-941-355-0000 & 282-412-941-355-0000 APPROVED: MIS No negative impact; FY11 State Homeland Security Grant Program is a reimbursable grant that requires jurisdictions to incur expenses prior to being reimbursed for expenditures. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends authorizing the Mayor to execute the Grant Assurances for the FY11 State Homeland Security Grant Program. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: alifornia Emergency Management Agency FY2011 Grant Assurances Resolution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE GRANT ASSURANCES FOR THE FISCAL YEAR 2011 STATE HOMELAND SECURITY GRANT PROGRAM WHEREAS, the Fiscal Year 2011 Homeland Security Grant Program ("Grant Program") consists of the State Homeland Security Program ("SHSP"), the Law Enforcement Terrorism Prevention Program ("LETPP"), and the Metropolitan Medical Response Systems ("MMRS") and provides reimbursable grant funds to supplement the purchase of equipment, training, exercises, and planning for police and fire personnel; and WHEREAS, the Grant Program is a reimbursable grant that requires jurisdictions to incur expenses prior to being reimbursed for expenditures by the San Diego County Office of Emergency Services; and WHEREAS, the City of National City's share of the grant funds for the purchase of equipment is $64,291; and WHEREAS, in order to receive these grant funds, the City of National City must submit Grant Assurances for the Homeland Security Grant Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Grant Assurances from the Fiscal Year 2011 Homeland Security Grant Program to receive reimbursable grant funds. PASSED and ADOPTED this 7th day of August, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Attachment A California Emergency Management Agency (Cal EMA) Fiscal Year (FY) 2011 Grant Assurances (All HSGP Applicants) Name of Applicant: City of National City Address: 1243 National City Boulevard City: National City State: CA Zip Code: 91950 Telephone Number: ( 619)336-4556 Fax Number: ( 619)336-4328 E-Mail Address: wamedeeatnationalcityca. gov As the duly authorized representative of the applicant, I certify that the applicant named above: 1. Will assure that grant funds will support efforts related to providing an integrated mechanism to enhance the coordination of national priority efforts to prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies. 2. Has the legal authority to apply for federal assistance and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and sub - granted through the State of California, Cal EMA. 3. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred between grant programs (for example: State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or fiscal years. 4. Will comply with any cost sharing commitments included in the FY 2011 Investment Justifications submitted to DHS/FEMA and Cal EMA, where applicable. 5. Will give the federal government, the General Accounting Office, the Comptroller General of the United States, the State of California, the Office of Inspector General, through any authorized representative, access to, and the right to examine, all paper or electronic records, books, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards and/or awarding agency directives. 6. Agrees that funds utilized to establish or enhance state and local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines, follow the federal and state approved privacy policies, and achieve (at a minimum) baseline level of capability as defined by the Fusion Capability Planning Tool. 7. Will provide progress reports, and other such information as may be required by the awarding agency, including the Initial Strategy Implementation Plan (ISIP) within 45 days of the award, and update via the Grant Reporting Tool (GRT) twice each year. 8. Will initiate and complete the work within the applicable time frame after receipt of approval from Cal EMA. Page 1 Initials _ Attachment A 9. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. 10. Will comply with all regulations applicable to DHS/FEMA grants, including, but not limited to, 44 CFR, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments including, but not limited to, all provisions relevant to the payment of interest earned on advances. 11. Will comply with all provisions of 48 CFR, Part 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations. 12. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of, personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business, or other ties. 13. Understands and agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from DHS/FEMA and Cal EMA. 14. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority -owned, women -owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 15. Will notify Cal EMA of any developments that have a significant impact on award -supported activities, including changes to key program staff. 16. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of structures. 17. Will comply, and will assure the compliance of all agents and contractors, with all federal and state statues relating to civil rights and nondiscrimination. These include, but are not limited, to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits discrimination on the basis of race, color or national origin. b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and 1685- 1686), which prohibits discrimination on the basis of gender. c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination against individuals with disabilities. d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age. e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse. f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. g. Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records. h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing. i. Title 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination. j. The requirements of any other nondiscrimination provisions in the specific statute(s) under which the application for federal assistance is being made. k. The nondiscrimination requirements and all other provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1. Page 2 Initials Attachment A 18. In the event that a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, gender, or disability against a recipient of funds, the recipient will forward a copy of the finding to Cal EMA, FEMA and the U.S. Department of Justice Office of Civil Rights, Office of Justice Programs. 19. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. 20. Will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91-646]) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of federal participation in purchases. Will also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -Assisted Programs. 21. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 22. Will comply with all applicable federal, state, and local environmental and historical preservation (EHP) requirements. Failure to meet federal, state, and local EHP requirements and obtain applicable permits may jeopardize federal funding. Applicant will comply with all conditions placed on any project as the result of the EHP review; any change to the scope of work of a project will require reevaluation of compliance with these EHP requirements. 23. Will comply with all regulations applicable to DHS/FEMA grants including, but not limited to, 44 CFR, Part 10, Environmental Considerations. Applicant will also comply with all state laws, including the California Environmental Quality Act. 24. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of DHS/FEMA and Cal EMA including, but not limited to, ground disturbance, construction, modification to any structure, physical security enhancements, communications towers, any structure over 50 years old, and purchase and/or use of any sonar equipment. The subgrantee must comply with all conditions and restrictions placed on the project as a result of the EHP review. Any construction- related activities initiated without the necessary EHP review and approval will result in a noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA/Cal EMA funding. Any change to the scope of work will require re-evaluation of compliance with the EHP. If ground - disturbing activities occur during the project implementation, the subgrantee must ensure monitoring of the disturbance. If any potential archeological resources are discovered, the subgrantee will immediately cease activity in that area and notify DHS/FEMA, Cal EMA, and the appropriate State Historic Preservation Office. 25. Agrees any construction activities that have been initiated prior to the full environmental and historic preservation review could result in non-compliance finding. Subgrantees must complete the FEMA EHP Screening Form (OMB Number 1660-0115/FEMA Form 024-0-01) and submit it, with all supporting documentation, to Cal EMA for review. The EHP Screening Form is part of an Information Bulletin available at: www.fema.aov/doc/government/grant/bulletins/info329 final screeninu memo.doc. Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award. 26. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Page 3 Initials Attachment A Violating Facilities, and will notify Cal EMA and FEMA of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under consideration for listing by the EPA. 27. Will provide any information requested by DHS/FEMA and/or Cal EMA to ensure compliance with applicable laws, including the following: a. Institution of environmental quality control measures under the National Environmental Policy Act, National Historical Preservation Act, Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990), Environmental Justice (12898), and Environmental Quality (11514). b. Notification of violating facilities pursuant to EO 11738. c. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.). d. Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.). e. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523). f. California Environmental Quality Act (CEQA), California Public Resources Code Sections 21080-21098: California Code of Regulations (CCR), Title 14, Chapter 3 Sections 15000-15007. g. Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. h. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.), which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System. 28. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447, and 2448. 29. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Security." The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security. " 30. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for federal government purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights of copyright to which a recipient or sub -recipient purchases ownership with federal support. 31. The recipient agrees to consult with DHS/FEMA and Cal EMA regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 32. Has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the submitted application for federal assistance and after the receipt of federal financial assistance, through the State of California, agrees to the following: a. Promptly return to the State of California all the funds received, which exceed the approved, actual expenditures as accepted by the federal or state government. Page 4 Initials Attachment A b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per Federal Fiscal Year. 33. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 34. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 35. Will comply, if applicable, with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 36. Understands and agrees that the applicant, grantees, subgrantees, recipients, sub -recipients, employees of the applicant, grantees, subgrantees, recipients and subrecipients, may not: a. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; b. Procure a commercial sex act during the period of time that the award is in effect; or c. Use forced labor in the performance of the award or subawards under the award. Applicant understands and agrees that Cal EMA and/or DHS/FEMA may unilaterally terminate any award, without penalty, if the subgrantee that is a private entity: d. Is determined to have violated a prohibition identified in paragraph 35, subsections a, b, or c; or e. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph 35 subsection a, b, or c through conduct that is either: i. associated with performance under this award; or ii. imputed to the authorized agent or subrecipient using the standards and due process for imputing the conduct of an individual to an organization provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government wide Department and Suspension (Non -procurement)," as implemented by DHS/FEMA at 2 CFR, Part 3000. And further understands that subgrantees and subrecipients must: f. g. Inform Cal EMA immediately of any information received from any source alleging a violation of a prohibition in paragraph 35 subsection a, b, or c; FEMA's right to terminate unilaterally as described in paragraph 35 implements section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 USC 7104(g)). The right of FEMA and Cal EMA to terminate this award unilaterally is in addition to all other remedies for noncompliance that are available under this award. Page 5 Initials Attachment A h. For purposes of this term: i. "Employee" means either: i. an individual employed by the subgrantee or subrecipient who is engaged in the performance of the project or program under this award; or ii. another person engaged in the performance of the project or program under this award and not compensated by the subgrantee or subrecipient, including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. ii. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery. iii. "Private entity" means any entity other than a state, local government, Indian Tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25, and includes non-profit organizations, including any non-profit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian Tribe at 2 CFR 175.25(b), and for -profit organizations. iv. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 USC 7102). 37. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 38. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 39. Agrees that "Classified national security information," as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to BO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. 40. Agrees that no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for and has access to such information. 41. Agrees that where an award recipient, grantee, subrecipient, or subgrantee has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subawardee, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the federal department or agency with whom the classified effort will be performed. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and/or other applicable implementing directives or instructions. All security requirement documents are located at: http:i/www.dhs.gov/xopnbizJerants/index.shtm. Page 6 Initials Attachment A 42. Understands that immediately upon determination by the award recipient that funding under this award will be used to support such a contract, subaward, or other agreement, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement, the award recipient shall contact ISPB, or the applicable federal department or agency, for approval and processing instructions. DHS Office of Security ISPB contact information: Telephone: 202-447-5346 E-mail: DD254Ad.in nistrati veSecurity;a.dhs.gov Mail: Department of Homeland Security Office of the Chief Security Officer ATTN: ASD/Industrial Security Program Branch Washington, DC 20528 43. Agrees with the requirements regarding Data Universal Numbering System (DUNS) Numbers, meaning if recipients are authorized to make subawards under this award, they must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive or make a subaward to any entity unless the entity has provided its DUNS number. a. For purposes of this award term, the following definitions will apply: i. "Data Universal Numbering System (DUNS)" number means the nine digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705- 5711) or the Internet (currently at http://fedgov.dnb.com'weblorm). ii. "Entity", as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C, as a Governmental organization, which is a state, local government, or Indian Tribe; or a foreign public entity; or a domestic or foreign nonprofit organization; or a domestic or foreign for -profit organization; or a federal agency, but only as a sub -recipient under an award or subaward to a non-federal entity. iii. "subaward" means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. It does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. 210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non - Profit Organizations") and may be provided through any legal agreement, including an agreement that you consider a contract. iv. "Subrecipient" means an entity that receives a subaward from you under this award; and is accountable to you for the use of the federal funds provided by the subaward. 44. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a- 7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for federally -assisted construction sub -agreements. 45. Agrees that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement. Page 7 Initials Attachment A b. If any other funds than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member of Congress in connection with the federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 46. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 47. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non-federal funds. 48. Will comply with all applicable federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A102 and A-133, E.O. 12372 and the current Administrative Requirements, Cost Principles, and Audit Requirements. 49. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A-110); Part 225 Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87); Part 220 Cost Principles for Educational Institutions (OMB Circular A-21); Part 230 Cost Principles for Non -Profit Organizations (OMB Circular A-122). 50. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 51. Agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. 52. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 53. Will comply with the financial and administrative requirements set forth in the current edition of the DHS Financial Management Guide. 54. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2011 Homeland Security Grant Program Guidance and Application Kit, and the California Supplement to the Page 8 Initials Attachment A FY 2011 Homeland Security Grant Program Guidance and Application Kit. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the state and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY 2011 Homeland Security Grant Program application. Further, use of FY 2011 funds is limited to those investments included in the California FY 2011 Investment Justifications submitted to DHS/FEMA and Cal EMA and evaluated through the peer review process. 55. Will not make any award or permit any award (subgrant or contract) to any party that is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs under EOs 12549 and 12689, "Debarment and Suspension". 56. As required by EO 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions, the applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency. b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c, Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and have not within a three-year period preceding this application had one or more public transactions (federal, state, or local) terminated for cause or default; and where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 57. Agrees to comply with the Drug -Free Workplace Act of 1988, and certifies that it will or will continue to provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. b. Establishing an ongoing drug -free awareness program to inform employees about: i. The dangers of drug abuse in the workplace; ii. The grantee's policy of maintaining a drug -free workplace; iii. Any available drug counseling, rehabilitation, and employee assistance programs; and iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a). d. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: i. Abide by the terms of the statement; and ii. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. Page 9 Initials _ Attachment A e. Notifying Cal EMA, in writing, within 10 calendar days after receiving notice under subparagraph (d)(ii) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department ofJustice, Office ofJustice Programs ATTN: Control Desk 633 Indiana Avenue, N.W. Washington, DC 20531 Notice shall include the identification number(s) of each affected grant. f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(ii), with respect to any employee who is so convicted. g• i Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraph 57 subsections (a), (b), (c), (d), (e), and (f). 58. Will comply with all applicable requirements of all other federal and state laws, EOs, regulations, program and administrative requirements, policies and any other requirements governing this program. 59. Understands the reporting of subawards and executive compensation rules, including first tier subawards to Cal EMA. a. Applicability: unless you are exempt as provided in subsection (d) of this paragraph, subrecipient must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009. b. Where and when to report: you must report each obligating action described in the following paragraphs to Cal EMA. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2011, the obligation must be reported by no later than December 31, 2011.) c. What to report: You must report the information about each obligating action that the submission instructions posted in Information Bulletin 350, to Cal EMA. d. Reporting Total Compensation of Recipient Executives: You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if: i. The total federal funding authorized to date under this award is $25,000 or more; ii. In the preceding fiscal year, you received 80 percent or more of your annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Page 10 Initials Attachment A Security and Exchange Commission total compensation filings at http . wNti sec.go‘ answers execomp.htm.) iv. Subrecipient Executives. Unless you are exempt as provided above, for each first -tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if in the subrecipient's preceding fiscal year, the subrecipient received 80 percent or more of its annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts), and federal financial assistance subject to the Transparency Act (and subawards); and the public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Intemal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at httpxilwww.sec.eov!answers'execon p.htm.)You must report subrecipient executive total compensation to Cal EMA by the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. 60. Exemptions to Paragraph 59 include: If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report on subawards, and the total compensation of the five most highly compensated executives of any subrecipient. a. Definitions associated with paragraph 59 include: i. "Executive" means officers, managing partners, or any other employees in management positions. ii. "Total compensation" means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): • Salary and bonus. • Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. • Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. • Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. • Above -market earnings on deferred compensation which is not tax -qualified. • Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 61. Understands that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. Page 11 Initials Attachment A The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: Ron Morrison Title: Mayor Date: Page 12 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 1EETING DATE: August 7, 2012 AGENDA ITEM NO.19 ITEM TITLE: Resolution of the City Council of the City of National City authorizing funds in the amount of $64,291 for the reimbursable grant purchase of equipment for the Police and Fire Departments from the FY11 State Homeland Security Grant Program. (Fire) PREPARED BY: 11Nalter Amedee j„DEPARTMENT: F PHONE: 1619-336-4550 APPROVED BY: EXPLANATION: The FY11 State Homeland Security Grant Program was designed to supplement the purchase of equipment, training, exercises, and planning for police and fire personnel. The San Diego County Office of Emergency Services coordinates the requests for equipment, training, exercises, and planning. National City's portion of the grant totaled $64,291 for equipment. The equipment funds will be divided evenly between the City's Police and Fire Department. This grant program requires the City to incur expenses, and then apply for reimbursement. In order to be eligible for reimbursement, the Police and Fire Department must purchase and/or receive the items prior to the December 31, 2013 deadline. Staff recommends the utilization of $64,291 of City funds for equipment for the Police and Fire Department, and to request reimbursement for such expenses from the San Diego County Office of Emergency Services. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. 282-411-941-355-0000 & 282-412-941-355-0000 APPROVED: _/ MIS No negative impact; FY11 State Homeland Security Grant Program is a reimbursable grant that requires jurisdictions to incur expenses prior to being reimbursed for expenditures. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends the utilization of $64,291 of City funds for the Police Department and Fire Department. Direct Staff to submit reimbursement forms to the San Diego County Office of Emergency Services. BOARD / COMMISSION RECOMMENDATION: TTACHMENTS: r Y11 SHSG Distribution List Resolution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF FUNDS IN THE AMOUNT OF $64,291 FOR THE REIMBURSABLE GRANT PURCHASE OF EQUIPMENT FOR THE POLICE AND FIRE DEPARTMENTS FROM THE FISCAL YEAR 2011 STATE HOMELAND SECURITY GRANT PROGRAM WHEREAS, the Fiscal Year 2011 Homeland Security Grant Program ("Grant Program") consists of the State Homeland Security Program ("SHSP"), the Law Enforcement Terrorism Prevention Program ("LETPP"), and the Metropolitan Medical Response Systems ("MMRS") and provides reimbursable grant funds to supplement the purchase of equipment, training, exercises, and planning for police and fire personnel; and WHEREAS, the Grant Program is a reimbursable grant that requires jurisdictions to incur expenses prior to being reimbursed for expenditures by the San Diego County Office of Emergency Services; and WHEREAS, the City of National City's share of the grant funds for the purchase of equipment is $64,291; and WHEREAS, the Police and Fire Departments must purchase and/or receive the equipment prior to the deadline of December 31, 2013. WHEREAS, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the appropriation of funds in the amount of $64,291 for the purchase of equipment for the Police and Fire Departments. BE IT FURTHER RESOLVED that staff is directed to request reimbursement of funds in the amount of $64,291 from the Fiscal Year 2011 Homeland Security Grant Program for the purchase of equipment for the Police and Fire Departments from the San Diego County Office of Emergency Services. PASSED and ADOPTED this 7th day of August, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney FY 2011 SHSG DISTRIBUTION JURISDICTION , ; FY10 SHSGP Allocation FY201 ` LLOGETIaN, Non LE/EMPP LE LE 16>i0%Reductkkn „F ,�.. ` IJon.LE< TOTAL - CARe-L"WEAl�.%_ 96,570 60,996 50,749 96,570 147,319 64,650 127,665 106,217 64,650 170,867 Ga 21,000 39,632 32,974 21,000 53,974 DEFAR,„` s 19,937 - - 19,937 19,937 EOl � ' 43,999 34,111 28,380 43,999 72,379 64,156 - - 64,156 64,156 ES s ® 2 _ 96,384 140,719 117,078 98,384 215,462 IM P 22,343 - - 22,343 22,343 LF' _ ' 7 ; 30,249 19,330 16,083 30,249 46,332 I§51'' 9,281 - - 9,281 9,281 N/,T110J j1i, 1 35,269 34,882 29,022 35,269 64,291 OCEA iAl7 r 51,072 70,900 58,989 51,072 110,061 Pal%V;R1 ;: 92,124 - - 92,124 92,124 0<I Ifs .�4 48,046 604,057 502,575 48,046 550,621 $aWA 9ym , 94,995 - - 94,995 94,995 $4NOwfi 33,361 - 33,361 33,361 SOUNk. F i11„ 13,062 - - 13,062 13,062 VW. '',.,01-; ,.. 72,188 - - 72,188 72,188 4 5, ¢_ , „ 910,686 1,132,292 942;06.7 9.10 686 -; 1,852;753% PORnS!`I��� r - 40,081 33,347 - 33,347 AIIIk" - 2,829 - - 2,829 2,829 B: RE $S-xi 6,617 - - 6,617 6,617 EW.INTIf. 8,271 - 8,271 8,271 JU, 1ANlC, A..i. 6,800 - - 6,800 6,800 NM', C ttl 19,644 - - 19,644 19,644 !WIG �55.. igE - 9,512 - - 9,512 9,512 SAM- Nf UV3t,t, 25,227 - 25,227 25,227 rTO,TAI R ITRIb S'' 78,900 40,081 33,3d7 7590Q` 1i2,247'' _CiOUNTa1DaEP�� ` DEy 167,655 - - - - D6 .' 69,500 - - - - CIA t6 " � 92,459 - - - _ DPW s z a 169,536 - - - CaurltyTtFiti$J 94)fi{ ©C' - 90,035 90,035 FIR At9THORJ3~`r ;_ 134,000 - - 134,000 134,000 HHSA,ampp ., F 495,000 - - - _ OES .,,. ,_ 1,133,180 - - 1,133,180 1,133,180 SfIEF '> >' ;. 647,833 538,997 - 538,997 TOTAL ix0.10 DEPT9 ;r ,' '; 2,261,330 647,833 "„ 538,99T, . " 1;357, 15 , `-1,896,212; OTHER - UASI REGIONAL 373,250 116,750 - 350,000 350,000 EMPP ALLOCATION 833,639 - _ TOTAL S`I IS6-, 4,457,805 1,936,956 ' 1,5,f444d... _'„r2 ? 0,7 4,211 212 EMS nAl1 S. ,.. 317,419 ?ayj _ 81:83 - 281,693 RTTAG p, 1 . , ` - 1,000,000 zE 1 o o0Q q 1,000,000 TOTAL ALLOCATIONS' 4,775,224 2,936,956 2,514411 2,976,494, 5,492,905 FY11 Grant Distribution -initial Application.xisx 1 of 1 Distribution 8/19/2011 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 'METING DATE: August 7, 2012 AGENDA ITEM NO. 20 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Memorandum of Understanding between the City of San Diego Office of Homeland Security and the City of National City regarding FY11 Urban Area Security Initiative (UASI) Grant Funding for equipment and training needed for disaster preparedness. (Fire) PREPARED BY: alter Amedee! DEPARTMENT: Fire PHONE: (619) 336-4556 APPROVED BY: EXPLANATION: This Memorandum of Understanding documents roles, responsibilities, and expectations at the local, state, and federal levels and ensures that the City of National City, as a participant in the program, agrees to meet state and federal requirements. The Urban Area Security Initiative (UASI) grant provides funding for equipment and training needed to respond to natural or man-made disasters or terrorism incidents that may occur in the San Diego urban area. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Minor impact; the UASI Grant requires the City to request reimbursement for expenditures for training and equipment.t ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends authorizing the Mayor to execute the MOU between the City of San Diego Office of Homeland Security and the City of National City regarding the FY11 UASI grant funding. BOARD / COMMISSION RECOMMENDATION: TACHMENTS: MOU between the City of San Diego Office of Homeland Security and the City of National City regarding the FY11 Urban Area Security Initiative (UASI) grant funding 2. Resolution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF NATIONAL CITY REGARDING THE FISCAL YEAR 2011 URBAN AREA SECURITY INITIATIVE GRANT PROGRAM WHEREAS, the Urban Area Security Initiative ("UASI") grant program provides funding for equipment needed to respond to natural disasters or weapons of mass destruction terrorism incidents that may occur in the San Diego urban area; and WHEREAS, the City of National City is required to execute a Memorandum of Understanding with the City of San Diego Office of Homeland Security that documents the roles, responsibilities, and expectations at the local, State, and federal levels, and ensures that the City of National City, as a participant in the program, agrees to meet the State and federal requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Memorandum of Understanding with the City of San Diego Office of Homeland Security regarding the Fiscal Year 2009 Urban Area Security Initiative Grant Funding Program. Said Memorandum of Understanding is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of August, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF NATIONAL CITY REGARDING FY 11 URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDING THIS MEMORANDUM OF UNDERSTANDING (MOU) is effective (effective date to be complete by City of San Diego City Attorney's Office) 2012 between THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY and CITY OF NATIONAL CITY under the following terms and conditions: 1. The Participating Agency agrees to comply with the Grant Assurances for Urban Area Security Initiative (Attachment A). 2. The Participating Agency agrees to submit a Reimbursement Request Form by the 10th day of each month to request reimbursement for costs incurred in accordance with the UASI grant program guidelines. 3. The Participating Agency agrees to submit at the time of signing of this MOU, and on October 1 of each year thereafter, a verified confirmation of its public safety personnel by category and within the definitions provided in item 3.1 below for each of those categories (Attachment B). Public safety personnel shall only be counted in one category and one job classification even if they have multiple disciplines, such as Fire Fighter and Paramedic. The required listing of public safety personnel shall be by job classification from personnel, payroll and/or budgetary records by category in the format below. 3.1 Public safety personnel categories and definitions shall be as follows (civilian personnel shall not be counted): Fire Services (FS) - Personnel at the urban area jurisdiction level who are in personnel classifications which provide services as first responders and meet the Hazmat First Responder Operations level requirements of Title 29 of the Code of Federal Regulations (CFR) Section 1910.120(q) (29CFR section 1910.120(q)) and Title 8 California Code of Regulations (CCR) Section 5192. Law Enforcement (LE) — Personnel, in accordance with the provisions of California Penal Code Sections 830-832.17, who work for agencies at the local and municipal level with responsibility as sworn law enforcement officers. Emergency Medical Services (EMS) — Personnel and contractors who, on a full-time or part-time basis serve as first responders, Emergency Medical Technician (EMT) I, II or Paramedic on ground -based and aero- medical services to provide pre -hospital care, through ambulance service, 1 Memorandum of Understanding - Urban Area Security Initiative Grant Funding rescue squad, or medical engine company. Personnel must meet the requirements set forth in the California Code of Regulations Title 22. Social Security, Division 9. Pre -hospital Emergency Medical Services Chapter 2, 3 or 4. HazMat (HZ) — Personnel, full-time or part-time, who identify, characterize, or provide risk assessment, and mitigate/control the release of a hazardous substance or potentially hazardous substance as Hazardous Materials Specialists or Technicians and members of the Hazardous Incident Response Team. 4. The Participating Agency agrees to maintain all documentation supporting all expenditures reimbursed from grant funds, and ensure all expenditures are allowable under grant requirements. Recipients that expend $500,000 or more of federal funds during their respective fiscal year agree to submit an organization - wide financial and compliance audit report. The audit shall be performed in accordance with the U. S. General Accounting Office Government Auditing Standards and OMB Circular A-133 (Federal Grantor Agency: U. S. Department of Homeland Security; Pass -Through Agency: Office of Homeland Security; Program Title: Public Assistance Grants; Federal CFDA Number: 97.008). The records shall be maintained and retained in accordance with UASI grant requirements and shall be available for audit and inspection by the City and designated grant agent personnel. 5. The Participating Agency agrees that all its expenditures shall be in accordance with the pre -approved expenditure details as submitted to the City and approved by the State of California Office of Homeland Security (CA -OHS) and the U.S. Department of Homeland Security Office of Domestic Preparedness (ODP). Any deviations from the pre -approved list shall be submitted to the City for approval before making such expenditures. 6. The Participating Agency agrees to defend, indemnify, and hold harmless the City, its agents, officers, and employees, from and against all liability arising out of the Participating Agency's acts or omissions under this MOU. 7. The City agrees to defend, indemnify, and hold harmless the Participating Agency, its agents, officers, and employees, from and against all liability arising out of the City's acts or omissions under this MOU. 2 Memorandum of Understanding - Urban Area Security Initiative Grant Funding IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the City of San Diego Office of Homeland Security and the CITY OF NATIONAL CITY by and through their authorized representatives. CITY OF SAN DIEGO By: Title: CITY OF NATIONAL CITY (Juirisdiction) (Signature) By: RON MORRISON (Print) Title: MAYOR I HEREBY APPROVE the form and legality of the foregoing Memorandum of Understanding this _ day of , 20_. JAN GOLDSMITH, City Attorney By: Deputy City Attorney I HEREBY APPROVE the form and legality of the foregoing Memorandum of Understanding this 7th day of August, 2012. CLAUDIA G. SILVA, City Attorney City of National City By: Jennifer Knight Deputy City Attorney 3 Attachment A California Emergency Management Agency (Cal EMA) FY11 UASI Fiscal Year (FY) 2011 Grant Assurances (All HSGP Applicants) Name of Applicant: City of National City Address: 1243 National City Boulevard City: National City State: CA Zip Code: 91950 Telephone Number: (619)336-4556 Fax Number: (619)336-4328 E-Mail Address: wamedeelemationalcityca.gov As the duly authorized representative of the applicant, I certify that the applicant named above: 1. Will assure that grant funds will support efforts related to providing an integrated mechanism to enhance the coordination of national priority efforts to prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies. 2. Has the legal authority to accept federal assistance and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and sub - granted through the State of California, Cal EMA. 3. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred between grant programs (for example: State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or fiscal years. 4. Will comply with any cost sharing commitments included in the FY 2011 Investment Justifications submitted to DHS/FEMA and Cal EMA, where applicable. 5. Will give the federal government, the General Accounting Office, the Comptroller General of the United States, the State of California, the Office of Inspector General, through any authorized representative, access to, and the right to examine, all paper or electronic records, books, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards and/or awarding agency directives. 6. Agrees that funds utilized to establish or enhance state and local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines, follow the federal and state approved privacy policies, and achieve (at a minimum) baseline level of capability as defined by the Fusion Capability Planning Tool. 7. Will provide progress reports, and other such information as may be required by the awarding agency, including the Initial Strategy Implementation Plan (ISIP) within 45 days of the award, and update via the Grant Reporting Tool (GRT) twice each year. 8. Will initiate and complete the work within the applicable time frame after receipt of approval from Cal EMA. Page 1 Initials Attachment A 9. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. 10. Will comply with all regulations applicable to DHS/FEMA grants, including, but not limited to, 44 CFR, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments including, but not limited to, all provisions relevant to the payment of interest earned on advances. 11. 12. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of, personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business, or other ties. 13. Understands and agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from DHS/FEMA and Cal EMA. 14. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority -owned, women -owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 15. Will notify Cal EMA of any developments that have a significant impact on award -supported activities, including changes to key program staff. 16. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of structures. 17. Wi11 comply, and will assure the compliance of all agents and contractors, with all federal and state statues relating to civil rights and nondiscrimination. These include, but are not limited, to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits discrimination on the basis of race, color or national origin. b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and 1685- 1686), which prohibits discrimination on the basis of gender. c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination against individuals with disabilities. d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age. e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse. f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. g. Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records. h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing. i. Title 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination. j. The requirements of any other nondiscrimination provisions in the specific statute(s) under which the application for federal assistance is being made. k. The nondiscrimination requirements and all other provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1. Page 2 Attachment A 18. In the event that a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, gender, or disability against a recipient of funds, the recipient will forward a copy of the finding to Cal EMA, FEMA and the U.S. Department of Justice Office of Civil Rights, Office of Justice Programs. 19. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. 20. Will comply with the requirements of Titles 11 and II1 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91-646]) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of federal participation in purchases. Will also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -Assisted Programs. 21. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 22. Will comply with all applicable federal, state, and local environmental and historical preservation (EHP) requirements. Failure to meet federal, state, and local EHP requirements and obtain applicable permits may jeopardize federal funding. Applicant will comply with all conditions placed on any project as the result of the EHP review; any change to the scope of work of a project will require reevaluation of compliance with these EHP requirements. 23. Will comply with all regulations applicable to DHS/FEMA grants including, but not limited to, 44 CFR, Part 10, Environmental Considerations. Applicant will also comply with all state laws, including the California Environmental Quality Act. 24. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of DHS/FEMA and Cal EMA including, but not limited to, ground disturbance, construction, modification to any structure, physical security enhancements, communications towers, any structure over 50 years old, and purchase and/or use of any sonar equipment. The subgrantee must comply with all conditions and restrictions placed on the project as a result of the EHP review. Any construction- related activities initiated without the necessary EHP review and approval will result in a noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA/Cal EMA funding. Any change to the scope of work will require re-evaluation of compliance with the EHP. If ground - disturbing activities occur during the project implementation, the subgrantee must ensure monitoring of the disturbance. If any potential archeological resources are discovered, the subgrantee will immediately cease activity in that area and notify DHS/FEMA, Cal EMA, and the appropriate State Historic Preservation Office. 25. Agrees any construction activities that have been initiated prior to the full environmental and historic preservation review could result in non-compliance finding. Subgrantees must complete the FEMA EHP Screening Form (OMB Number 1660-0115/FEMA Form 024-0-01) and submit it, with all supporting documentation, to Cal EMA for review. The EHP Screening Form is part of an Information Bulletin available at: www.femagov/doc/government/grant/bulletins/info329 final screening memo.doc. Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award. 26. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Page 3 Attachment A Violating Facilities, and will notify Cal EMA and FEMA of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under consideration for listing by the EPA. 27. Will provide any information requested by DHS/FEMA and/or Cal EMA to ensure compliance with applicable laws, including the following: a. Institution of environmental quality control measures under the National Environmental Policy Act, National Historical Preservation Act, Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990), Environmental Justice (12898), and Environmental Quality (11514). b. Notification of violating facilities pursuant to EO 11738. c. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.). d. Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.). e. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523). f. California Environmental Quality Act (CEQA), California Public Resources Code Sections 21080-21098: California Code of Regulations (CCR), Title 14, Chapter 3 Sections 15000-15007. g. Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. h. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.), which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System. 28. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447, and 2448. 29. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Security." The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security. " 30. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for federal government purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights of copyright to which a recipient or sub -recipient purchases ownership with federal support. 31. The recipient agrees to consult with DHS/FEMA and Cal EMA regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 32. Has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the submitted application for federal assistance and after the receipt of federal financial assistance, through the State of California, agrees to the following: a. Promptly return to the State of California all the funds received, which exceed the approved, actual expenditures as accepted by the federal or state government. Page 4 Attachment A b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per Federal Fiscal Year. 33. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 34. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 35. Will comply, if applicable, with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 36. Understands and agrees that the applicant, grantees, subgrantees, recipients, sub -recipients, employees of the applicant, grantees, subgrantees, recipients and subrecipients, may not: a. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; b. Procure a commercial sex act during the period of time that the award is in effect; or c. Use forced labor in the performance of the award or subawards under the award. Applicant understands and agrees that Cal EMA and/or DHS/FEMA may unilaterally terminate any award, without penalty, if the subgrantee that is a private entity: d. Is determined to have violated a prohibition identified in paragraph 35, subsections a, b, or c; or e. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph 35 subsection a, b, or c through conduct that is either: i. associated with performance under this award; or ii. imputed to the authorized agent or subrecipient using the standards and due process for imputing the conduct of an individual to an organization provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Government wide Department and Suspension (Non -procurement)," as implemented by DHS/FEMA at 2 CFR, Part 3000. And further understands that subgrantees and subrecipients must: f. g• Inform Cal EMA immediately of any information received from any source alleging a violation of a prohibition in paragraph 35 subsection a, b, or c; FEMA's right to terminate unilaterally as described in paragraph 35 implements section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 USC 7104(g)). The right of FEMA and Cal EMA to terminate this award unilaterally is in addition to all other remedies for noncompliance that are available under this award. Page 5 Attachment A h. For purposes of this term: "Employee" means either: i. an individual employed by the subgrantee or subrecipient who is engaged in the performance of the project or program under this award; or ii. another person engaged in the performance of the project or program under this award and not compensated by the subgrantee or subrecipient, including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. ii. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery. iii. "Private entity" means any entity other than a state, local government, Indian Tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25, and includes non-profit organizations, including any non-profit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian Tribe at 2 CFR 175.25(b), and for -profit organizations. iv. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 USC 7102). 37. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 38. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 39. Agrees that "Classified national security information," as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. 40. Agrees that no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for and has access to such information. 41. Agrees that where an award recipient, grantee, subrecipient, or subgrantee has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subawardee, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the federal department or agency with whom the classified effort will be performed. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and/or other applicable implementing directives or instructions. All security requirement documents are located at: http://www.dhs.gov/xopnbiz/grants/index.shtm. Page 6 Attachment A 42. Understands that immediately upon determination by the award recipient that funding under this award will be used to support such a contract, subaward, or other agreement, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement, the award recipient shall contact ISPB, or the applicable federal department or agency, for approval and processing instructions. DHS Office of Security ISPB contact information: Telephone: 202-447-5346 E-mail: DD254AdministrativeSecurity@dhs.gov Mail: Department of Homeland Security Office of the Chief Security Officer ATTN: ASD/Industrial Security Program Branch Washington, DC 20528 43. Agrees with the requirements regarding Data Universal Numbering System (DUNS) Numbers, meaning if reci Tents are authorized to make subawards under this award, the must noti • otential subreci.ients a. For purposes of this award term, the following definitions will apply: 1. "Data Universal Numbering System (DUNS)" number means the nine digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705- 5711) or the Internet (currently at httn://fedgov.dnb.com/webform). ii. "Entity", as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C, as a Governmental organization, which is a state, local government, or Indian Tribe; or a foreign public entity; or a domestic or foreign nonprofit organization; or a domestic or foreign for -profit organization; or a federal agency, but only as a sub -recipient under an award or subaward to a non-federal entity. iii. "Subaward" means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. It does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. 210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non - Profit Organizations") and may be provided through any legal agreement, including an agreement that you consider a contract. iv. "Subrecipient" means an entity that receives a subaward from you under this award; and is accountable to you for the use of the federal funds provided by the subaward. 44. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a- 7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for federally -assisted construction sub -agreements. 45. Agrees that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement. Page 7 Attachment A b. If any other funds than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member of Congress in connection with the federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 46. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the Califomia Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 47. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non-federal funds. 48. Will comply with all applicable federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A102 and A-133, E.O. 12372 and the current Administrative Requirements, Cost Principles, and Audit Requirements. 49. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A-110); Part 225 Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87); Part 220 Cost Principles for Educational Institutions (OMB Circular A-21); Part 230 Cost Principles for Non -Profit Organizations (OMB Circular A-122). 50. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 51. Agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. 52. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 53. Will comply with the financial and administrative requirements set forth in the current edition of the DHS Financial Management Guide. 54. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2011 Homeland Security Grant Program Guidance and Application Kit, and the California Supplement to the Page 8 NEW Attachment A FY 2011 Homeland Security Grant Program Guidance and Application Kit. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the state and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY 2011 Homeland Security Grant Program application. Further, use of FY 2011 funds is limited to those investments included in the California FY 2011 Investment Justifications submitted to DHS/FEMA and Cal EMA and evaluated through the peer review process. 55. Will not make any award or permit any award (subgrant or contract) to any party that is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs under EOs 12549 and 12689, "Debarment and Suspension". 56. As required by EO 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions, the applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency. b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and have not within a three-year period preceding this application had one or more public transactions (federal, state, or local) terminated for cause or default; and where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 57. Agrees to comply with the Drug -Free Workplace Act of 1988, and certifies that it will or will continue to provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. b. Establishing an ongoing drug -free awareness program to inform employees about: i. The dangers of drug abuse in the workplace; ii. The grantee's policy of maintaining a drug -free workplace; iii. Any available drug counseling, rehabilitation, and employee assistance programs; and iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a). d. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: i. Abide by the terms of the statement; and ii. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. Page 9 Attachment A e. Notifying Cal EMA, in writing, within 10 calendar days after receiving notice under subparagraph (d)(ii) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs ATTN: Control Desk 633 Indiana Avenue, N.W. Washington, DC 20531 Notice shall include the identification number(s) of each affected grant. f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(ii), with respect to any employee who is so convicted. i. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraph 57 subsections (a), (b), (c), (d), (e), and (f). 58. Will comply with all applicable requirements of all other federal and state laws, EOs, regulations, program and administrative requirements, policies and any other requirements governing this program. 59. Understands the reporting of subawards and executive compensation rules, including first tier subawards to Cal EMA. a. Applicability: unless you are exempt as provided in subsection (d) of this paragraph, subrecipient must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009. b. Where and when to report: you must report each obligating action described in the following paragraphs to Cal EMA. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2011, the obligation must be reported by no later than December 31, 2011.) c. What to report: You must report the information about each obligating action that the submission instructions posted in Information Bulletin 350, to Cal EMA. d. Reporting Total Compensation of Recipient Executives: You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if: i. The total federal funding authorized to date under this award is $25,000 or more; ii. In the preceding fiscal year, you received 80 percent or more of your annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. g• Page 10 Attachment A Security and Exchange Commission total compensation filings at httv://www.sec.gov/answers/execomp.htm.) iv. Subrecipient Executives. Unless you are exempt as provided above, for each first -tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if in the subrecipient's preceding fiscal year, the subrecipient received 80 percent or more of its annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts), and federal financial assistance subject to the Transparency Act (and subawards); and the public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)You must report subrecipient executive total compensation to Cal EMA by the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. 60. Exemptions to Paragraph 59 include: If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report on subawards, and the total compensation of the five most highly compensated executives of any subrecipient. a. Definitions associated with paragraph 59 include: "Executive" means officers, managing partners, or any other employees in management positions. ii. "Total compensation" means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): • Salary and bonus. • Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. • Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. • Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. • Above -market earnings on deferred compensation which is not tax -qualified. • Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 61. Understands that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. Page 11 Attachment A The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: R o n Morrison Title: Mayor Date: Page 12 Attachment B CERTIFICATION OF PUBLIC SAFETY PERSONNEL BY CATEGORY FY 10 UASI Date: July 3, 2012 Agency: City of National City Authorized Agent Name: Walter Amedee Authorized Agent Signature: Public safety personnel shall only be counted in one category, as defined in the Memorandum of Understanding between the City of San Diego and the participating agency, and one job classification even if they have multiple disciplines, such as Fire Fighter and Paramedic. The required listing of public safety personnel shall be by job classification from personnel, payroll and/or budgetary records. For classifications not listed, please use the additional lines within each category. EMERGENCY MEDICAL TECHNICIAN I EMERGENCY MEDICAL TECHNICIAN II PARAMEDIC LIFEGUARD I LIFEGUARD II LIFEGUARD III LIFEGUARD SERGEANT MARINE SAFETY LIEUTENANT LIFEGUARD CHIEF TOTAL FIRE FIGHTER FIRE ENGINEER FIRE CAPTAIN FIRE BATTALION CHIEF 0 13 9 9 4 Attachment B DIRECTOR OF EMERGENCY SERVICES TOTAL HAZARDOUS MATERIALS SPECIALIST HAZARDOUS MATERIALS TECHNICIAN TOTAL 1 36 POLICE O1 -10ER I POLICE CORPORAL POLICE SERGEANT POLICE LIEUTENANT 0 50 21 13 6 ASSISTANT POLICE CHIEF POLICE CHIEF TOTAL 1 1 92 Attachment C Property and Equipment Sub -grantee (City of San Diego) and Sub -recipient Responsibilities Acquisition o Must be prudent in the obtaining of property/equipment o Must follow federally approved procurement rules o Must certify the vendor is not on the federal debarment or suspended lists o Must meet current federal licensing rules Loss, Damage, or Theft o Responsible for replacing or repairing the property which is willfully or negligently lost, stolen, damaged, or destroyed. Any loss, damage, or theft of the property must be investigated and fully documented and made part of the official project records. An Equipment Disposition form must be completed and submitted to OHS. Property Records o Property records must be maintained which include: o Description of the property; o Serial number or other identification number; o Source of the property; o Identification of the title holder; o Acquisition date; o Cost of the property; o Percentage of Federal participation in the cost of the property; o Location of the property; o Use and condition of the property; and o Disposition data, including the date of disposal and sale price. Maintenance o Adequate maintenance procedures shall be implemented to keep the property in good condition Control System o A control system shall be in effect to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft of non -expendable property shall be investigated and fully documented. If the property was owned by the Federal government, the recipient shall promptly notify the Federal agency. Physical Inventory o A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. Disposition o Sub -recipient must complete the Equipment Disposition form and receive approval before any action can be taken: o Items with a current per unit fair market value of less than $5,000 may be retained, sold, or otherwise disposed of with no further obligation to the awarding agency. o Items with a current per unit fair market value in excess of $5,000 may be retained or sold, and the awarding agency shall have a right to an amount calculated by multiplying the current market value or proceeds from sale by the awarding agency's share of the equipment. Seller is also eligible for sale costs. I have read and understand these responsibilities. Signature Date Jurisdiction/Department National City CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 07, 2012 AGENDA ITEM NO. 21 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Blue Violet Networks in the amount of $64,717 and authorize a 15% contingency in the amount of $9708 to implement a Network Video Management System and replace four public safety cameras. PREPARED BY: Ron Williams DEPARTMENT: PHONE: 619-336-4373 APPROVED B EXPLANATION: The City of National City issued a request for proposal on March 05, 20 to implement a Network Video Management System to expand the capabilities of the current video management system. The current video management system is limited to seventy cameras, ten days of video storage, and is unable to accommodate newer video cameras. The. new Network Video Management System would accommodate approximately one hundred and fifty cameras as configured, provide thirty days of video storage, and allow expansion to accommodate additional cameras as needed. The four public safety cameras located on Roosevelt Avenue are not functioning properly and need to be replaced. The reduced level of functionality renders the public safety cameras incompatible with the new Network Video Management System. FINANCIAL STATEMENT: ACCOUNT NO. Funds: 629-403-082-502-0000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: APPROVED: APPROVED: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff recommends implementation of new Network Video Management System and replacement of four public safety cameras on Roosevelt Avenue. BOARD / COMMISSION RECOMMENDATION: N/A 1TTACHMENTS: contract and Exhibit A RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BLUE VIOLET NETWORKS FOR THE NOT TO EXCEED AMOUNT OF $64,717 TO IMPLEMENT A NETWORK VIDEO MANAGEMENT SYSTEM AND REPLACE FOUR PUBLIC SAFETY CAMERAS, AND AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $9,708 WHEREAS, on March 5, 2012, the City issued a request for proposals to implement a Network Video Management System to expand the capabilities of the current video management system, and replace four public safety cameras; and WHEREAS, the City has determined that Blue Violet Networks is qualified by experience and ability to perform the services desired by the City, and Blue Violet Networks is willing to perform such services for the not -to -exceed amount of $64,717. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Blue Violet Networks to expand the capabilities of the current video management system, and replace four public safety cameras for the not -to -exceed amount of $64,717. Said Agreement in on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes 15% contingency in the amount of $9,708. PASSED and ADOPTED this 7th day of August, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Jul 26 12 04:23p Blue Violet Networks (714) 540-1900 p.1 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BLUE VIOLET NETWORKS THIS AGREEMENT is entered into this 7th day of August, 2012, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and BLUE VIOLET NETWORKS, a General Partnership (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to install a Network Video Management System and four public safety cameras WHEREAS, the CITY has determined that the CONSULTANT is a provider of business communications, data solutions, and IP video surveillance systems, 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, 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. 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 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, not to exceed a factor of 1 S% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Ron Williams hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution 1 City's Standard Agreement —2011 revision Jul 26 12 01:59p Blue Violet Networks [714) 540-1900 p.2 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. Ladd Nelson thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on 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 the schedule given in Exhibit `*_A_" (the Base amount) without prior written authorization from the Project Coordinator. 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. 5. 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. 6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on August 07, 2012. The duration of this Agreement is for the period of August 07, 2012 through September 28, 2012. 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 prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT 2 City's Standard Agreement 20i revision Jul 26 12 02:00p Blue Violet Networks (714) 540-1900 p.3 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 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 3 City's siandad Agreement -2011 revision Jul 26 12 02:OOp Blue Violet Networks (714) 540-1900 p.4 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 front 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. 4 City's Standard Agrccmeut —201 I revision Jul 26 12 02:O1p Blue Violet Networks (714) 540-1900 p.5 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 13, 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 and employees. against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suites, 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 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, or employees. 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, and employees 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. 5 City's Standard Agreement --2011 revision Jul 26 12 02:02p Blue Violet Networks (7141 540-1900 p.6 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 and employees as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance; with minimum limits of SI ;000,000 per occurrence and $2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". 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, 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 VIII 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 certificates) 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 ail 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. 6 Citv's Standard Aercement —2(11 revision Jul 26 12 02:02p Blue Violet Networks (714) 540-1900 p.7 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 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 attomey's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. 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. 13. 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 CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for 7 City's Standard Agrwmem • 201 1 revisier Jul 26 12 02:03p Blue Violet Networks (714) 540-1900 p.8 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 Tess 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 6. 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. 21. 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: Ron Williams IT Manager Administrative Services City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Ladd Nelson Security Engineering and Business Development Blue Violet Networks 215 Baker Street East, Suite 150 Costa Mesa, CA 92626 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. 8 City's Standard Aµecment --201 I revision Jul 26 12 02:03p Blue Violet Networks (714) 540-1900 p.9 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANTwaynot with oeof 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 notify, Political cal Reformthe CITY of Aet and the Nat fact. The tional CONSULTANT al City Conflict of at all times comply with the terms of thuse Interest Code. The CONSULTANT shall immediately er coming before she CIanTY shnll not u the its official position to influence in any way any 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. f c Interests with the Specifically, theCONSULTANTLT n a ti timely shall manner on formle a Statement s which the1CONSULTANT hallty Clerk obtain of the City of I City 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. 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. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period proveded sucor h date n this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, 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 poded herein, the execution and delivery of this Agreement shshall oentityfbe ee othere than the parties rightsd to conr any upon, or obligate any of the parties hereto, to any person 9 City's Standard Agcement -2011 revision Jul 26 12 02:04p Blue Violet Networks t714) 540-1900 p.10 E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars (S 10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. 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 APPROVED AS TO FORM: 10 BLUE VIOLET NETWORKS (Corporation — signatures q%two corporate officers) !Partnership — on signature) (Sole pro rietorsh :� o signature) By: (Name ?)abl t7. (Print) i City's Standard Agkenncn1 -2011 revision Jul 26 12 02:04p Blue Violet (Networks (714) 540-1900 p.11 Claudia G. Silva City Attorney 11 (Title) By: (Name) (Print) (Title) City's Sim -dud Agreemeol 2011 revision Jul 26 12 O4:24p Blue Violet Networks (7141 540-1900 p. 2 EXHIBIT A Im Iementation Services 1 Sco a of Work 1. The scope of work covered herein shall include all labor, equipment, materials and installation of a new Network Video Management System ( Avigilon Network Video Recorders, encoders, and software). All existing camera Digital Video Recorders (DVRs) and encoders will be replaced with Avigilon Network Video Recorders(NVRs), and encoders. All existing and future cameras will be connected to the new Network Video Recorder via Avigilon encoders and Gigabit network switching infrastructure. The Network Video Recorder will be connected to the existing local area network for viewing from various internal workstations and the internet. New server and storage equipment will be installed into new or existing data racks. icenseed with AViolet vigilon gilon Control Center 24C-HD-NVMSorks will provide and install (2) 1for 24 on Oliicensed IP channels ars. They id an additional 34 x channel base license. This will accommodate the (20) Avigilon Encoders and (4) new Sony 36X zoom cameras. Additionally, Blue Violet Networks will provide and load (2) 1A-HD-NVMS audio Channel licenses for the two microphones needed for the PD interview rooms. The NVRs will be bothlwtlein an d and wireless, is entirely the responsibility of server rack and connected to the City and any repairs, k. The functionality or alterations of the are not part of the scope of work. 2. Blue Violet Networks will provide and install, in the same building as the HD-NVR, (11) Avigilon H.264 Encoders. These will be placed in (4) Avigilon Encoder Racks. • 3. Blue Violet Networks will provide and install, in the City Hall building, (4) Avigilon H.264 Encoders. These will be placed in (2) Avigilon Encoder Racks. 4. Blue Violet Networks will provide and install, in the Fire Station 34 building, (2) Avigilon H.264 Encoders. These will be placed in (1) Avigilon Encoder Rack. 5. Blue Violet Networks will provide and install, in the Library building, (3) Avigilon H.264 Encoders. These will be placed in (1) Avigilon Encoder Rack. 6. Blue Violet Networks (4) new SonySNC-RS86N PTZ cameras. de and install, and replace the (4) existing Public Safety IP PTZ cameras, 7. Blue Violet Networks will test, clean and refocus each analog camera and note its manufacturer, condition and age. 8. Blue Violet Networks will provide to the City a chart of all the existing cameras and their condition. of 19. 2 weeks let to gatherrks estimates materials andfrom awaschedu e o crews. contract: 1 week to install the server and encoders, connect them all and then run the System Diagnostic Report on the existing cameras. ram it 1 Day to set up the primary Workstation and prop Trainin Training will be provided in (2) four hour classes. It is recommended those participating in these classes take the Avigilon University end -user class at WWW.Avigilon.com Cost Pro osal The National City NVMS System P 1 Jul 26 12 04:24p Blue Violet Networks (7141 540-1900 p.3 EXHIBIT A Location 1 — Police Department: Avigilon HD 15TB NVR — 24C Software + 2 Audio C 11 x Avigilon H.264 Encoders - 4 x Encoder Racks Location 2 — City hall: 4 x Avigilon H.264 Encoders - 2 x Encoder Racks Location 3 - Fire Station 34: 2 x Avigilon H.264 Encoders - 1 x Encoder Rack Location 4 - Library: 3 x Avigilon H.264 Encoders - 1 x Encoder Rack Location 5 — Public Safety: 4 x Sony PTZ mounting locations System Sub Total Sales Tax System, total $36,300.00 $3,176.25 $39,475.25 System Diagnostic, cleaning, re -focus and documentation of existing cameras Add / Delete Options: Program Cost $3,000.00 Sub Total $44,476.25 Shipping $310.00 System Total $42,768.25 The National City NVMS Optional System Price ADD QTY 1C-HD-NVMS-ENT ACC 4 Enterprise HD NVMS for up too camera channels and unlimited viewing clients 34 SERVERS 15.0TB-HD-NVR HD NVR, 15.0 TS Storage, 2U Rack Mount 1 2 Jul 26 12 04:24p Blue Violet Networks (714) 540-1900 p.4 EXHIBIT A System Sub Total $19,800.00 Sales Tax $1,848.44 System total $21,648.44 Sub Total $21,648.44 Shipping Options System Total RFP System Total $300.00 $21,948.44 $42,768.25 RFP & Options Systems Totals $64,716.69 Project Total $ 64.716.69 3 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT FETING DATE: August 7, 2012 AGENDA ITEM NO. 22 ITEM TITLE: TEMPORARY USE PERMIT —11 th Annual 9/11 Remembrance Ceremony hosted by the National City Fire Department at 343 E. 16th Street on September 11, 2012 from 6:00 a.m. to 10:00 a.m. This is a city -sponsored event. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neigh •.rho•d, ervices Division APPROVED BY: This is a request from the National City Fire Department to host the 11th Annual 9/11 Remembrance Ceremony at Fire Station #34 located at 343 E. 16th Street on September 11, 2012 from 6am to 10am. This is event will be in remembrance of the attacks that took the lives of 411 emergency workers who responded to the scene and died as they attempted to implement rescue, fire suppression efforts. Breakfast will be served from 7:00 a.m. to 8:30 a.m. Retired FDNY Firefighter Brennan Savage may be the keynote speaker. The NCFD and NCPD color guard will present the flag salute, the New York City Fire Department (FDNY) lost 343, the New York City Police Department lost 23 officers, the Port Authority Police Department lost 37 officers, and 8 additional EMTs and Paramedics from private EMS units were also killed. ie applicant is requesting street closures on "D "Avenue in front of the Fire Station in order to park fire apparatus. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: The City has incurred $237.00 for processing the TUP, plus $265.54 for Public Works. Total fees are $502.54 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: N/A TACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event _ Public Concert _ Fair _ Parade Demonstration Motion Picture Grand Opening Festival Circus Other Event Title: 9/11 Remembrance Ceremony Event Location: Station#34, 343 E. 16th Street X Community Event _'Block Party Event Date(s): From 9 / 1 1 /I to9 / 1 1 / 12 Total Anticipated Attendance: 60 month/pay/rear (_2q,Participants) Actual Event Hours: 6 alb/pm to 10 Itn/pm 54—Spectators) Setup/assembly/construction Date: 9/ 1 1/ 1 P Stert time: 6: 0 0 a. m. Please describe the scope of your setup/assembly work (specific details): Dismantle Date: Completion Time: arn/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. "D" Avenue from 15th to 16th Street. From 0600-1000 on Saturday, September 11, 201a, Sponsoring Organization: National r'ity Fire Dept. Chief Officer of Organization (Name) Frank Parra Applicant (Name): Don Miner For Profit X Not -for -Profit Address: 343 E. 16th Street, National City, CA 91950 Daytime Phone: (61 q13 3 6 - 4 5 56 Evening Phone: (1 . ; Contact Person `on site" day of the event:non 14; ner Fax: (619 336-4562 Pager/Cellular ( 760 )715-6385 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS jj-� NVIETSI- Is your organization a "Tax Exempt, nonprofit' organization? _xYES NO Are admission, entry, vendor or participant fees required? YES X NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. - $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. The National City Firefighters for therth Annual remembe rance and salute to the 343firefighters who made the supreme sacrafice on 9/11/2001. Breakfast may be served from 7:00a.m. until 8:30a.m. Retired FDNY Firefighter Brennan Savage may be the key note speaker. The NCFD and NCPD color guard may present the flag salute. This request is to shut down D avenue in front of the Fire Station in order to park fire apparatus. _ YES x_ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 1 _ YES X NO Does the event involve the sale or use of alcoholic beverages? YES X- NO Will items or services be sold at the event? If yes, please describe: — YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. ,x YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets Impacted by the event. _ YES X NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. X YES _ NO Will the event involve the use of the City stage or In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC _ CHARCOAL _ OTHER (Specify): D Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ( 64ftbktis j b ()AMPS ➢ Fencing, barriers and/or barricades D Generator locations and/or source of electricity D Canopies or tent locations (include tent/canopy dimensions) D Booths, exhibits, displays or enclosures D Scaffolding, bleachers, platforms, stages, grandstands or related structures D Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Please describe your procedures for both Crowd Control and Internal Security:NCPD will be on site for crowd control and internal security. YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list:. Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES X NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. NCFD will be on site for providing first aid and patripment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Sidewalks will not be blocked in order to allowaccess to individuals with disabilities. Please provide a detailed description of your PARKING plan: Parking will be provided behind Fire station #14 Please describe your plan for DISABLED PARKING: PArki ng,fnr� disab] i individuals will hp; nrovided behind Fire Station #34. 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: Noti r.as of rpai rjnnfic huRi np4RPC and churches will be distributed two weeks prior to the event. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES X NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: YESX NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be. used for your event Number of Bands: _ YES XNO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES XNO Any signs, banners, decorations, special lighting? If YES, please descn'be: Revised 08/10/05 5 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. Organization ' a l raneJ T y Person in Charge of Activity 10 i01PA Address 31 [ c C L— S T Telephone '',1(7 336 VSSS 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 Date For Office Use Only Certificate of Insurance Approved Date Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? X Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization City of National City Fire Department. Type of Organization City (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) X No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an Individual who resides in or Is employed In the city, and who is In dire financial need due to health reasons or a death In the family'? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date 9 earl ie‘Nr\--1 F 9 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: National City Fire Department EVENT: 11th Annual 9/11 Remembrance Ceremony DATE OF EVENT: September 11, 2012 TIME OF EVENT: 6am to 10am APP1Z I VALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Building: No comments. Planning: No comments. Engineering: "Notify MTS a minimum of 1 week in advance for temporary impacts to bus stops". RISK MANAGER (619) 336-4370 Risk Management has no issues with this City sponsored event. PUBLIC WORKS (619)366-4580 Street Division • Staff will barricade affected streets and remove them at the conclusion of the event. • Staff will post "no parking" signs along affected streets before the event. • The cost to provide Street personnel is estimated to be: 1. "No Parking" signs 2. Equipment 3. Barricades 4. Regular Hours 6. Total 16 x $0.45 4 x $19.09 12 x $0.35 4 x $32.57 $ 7.20 $ 76.36 $ 4.20 $130.28 , 218.04 Park Division No involvement Facilities Division • The cost to provide tables and chairs for this event is as follows: 1. Tables 10 x $1 ea $ 10.00 2. Chairs 50 x $0.75 $ 37.50 3. Total $ 47.50 Facilities personnel will deliver tables and chairs to Station #34 prior to the event and make arrangements for pickup. FINANCE Approved with no comments FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: The Fire Department has no stipulations for this event COMMUNITY SERVICES No comments. POLICE The PD has no stipulations. PD will work on getting the Honor Guard for the event. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT EETING DATE: August 7, 2012 AGENDA ITEM NO.23 ITEM TITLE: National City Sales Tax Update — Fourth Quarter 2011 PREPARED BY: Tina Norrdin, FSO DEPARTMENT: PHONE: 619-336-4331 APPROVED EXPLANATION: ative Services BACKGROUND National City has an on -going contract with Hinderliter, de Llamas & Associates (HdL) for revenue management. Staff meets with a representative of HdL on a quarterly basis to review sales tax data and trends within the City and Statewide. HdL also reviews National City's property tax data and provides an annual report of the Redevelopment Project areas. NEWSLETTER SUMMARY Receipts for National City's (City) October through December sales were 5.8% higher than the same quarter one year ago. Actual sales activity was up 6.6% when reporting aberrations were factored out while County -wide taxable sales increased by 7.9%. The City's gain from the autos and transportation sector is attributed to strong sales from new autos, auto leases and the addition of a used car dealership. General consumer goods also benefited from new stores while a new grocery store was a factor in the overall increase for the food and drugs group. Sales increases from restaurants without alcohol more than offset ie losses from restaurants that serve liquor. The City's Prop D District Sales Tax generated $2,526,609 for the quarter, a L.4% increase over the same period last year. The attached Newsletter provides additional detail on the economic front. This newsletter is also available on the City's website. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Accept and file the newsletter BOARD / COMMISSION RECOMMENDATION: N/A TTACHMENTS: National City Sales Tax Update Newsletter — Fourth Quarter 2011 National City In Brief ^eipis for National (As Octo- hrnugh December sales viere higher than the same quarter c year ago Actual sales activity as up 5.6`'...vheo report' lg abet ra- tfactored out c gain from the autos and trans- _iat,cr se:-,r vies p', ri1ardy cLe, to strong sales from neerd autos ono -uto leases and the add tion of e .rsoo car dealership General con- srnrer goods also bene'1ted from a nev, department store and a borne f.rnis'nings store vihue a ne.v g'o- cery sloe C/a5 a ta5tcr 1'1 the over- all increase t -n the food and drugs croup- .,'ales increases from restaurants av[hout alcohol more tar offset the losses from restaurants that serve ligror. Hier fuel prices helped boost fief and service siaticn re- ceip's Payment enomaLes muted , rrom kuild a.-,-, and ocnstruc .orrespordingiy the cver- ase from business and in vac prirnanly attributac!e ee allocation from electrical lent last year T. he citys l aisactions tax Pro- posi*.ion D gerrerateli 52 526 ':La for the quarter_ a 2.4% Increase over the same period last year x, Ad ted for aberrat ors, taxable aleeUor all of Sar Diego County ncr„� ed 7 9h over the compara- ble time period. vihie the Southern California region as a whole was up 7.6°,0. ationa City Sales Tax Update First&atter Receipts for FourthQuarter Sales (October - December 2011) SALES TAX BY MAJOR BUSINESS GROUP General Consumer Goods Autos and Transportation Restaurants and Hotels TOP 25 PRODUCERS In Alphabetical Order Arco Arco AM PM Ball Honda Acura Mitsubishi & Suzuki Frank Hyundai Frank Motors Frank Subaru Frank Toyota JC Penney Macys McCune Motors Mor Fumiture for Less Mossy Nissan Nordstrom Rack Perry Ford Probuild Company Ron Baker Chevrolet Isuzu Ross South Bay Volkswagen Suzuki Target Thrifty Gas Toys R Us Univar Vintners Distributors Walmart Wescott Mazda Kia Fuel and Service Stations 16 Business and Industry III 4th Quarter 2010 ■ 4th Quarter 2011 i Building Food and and Construction Drugs REVENUE COMPARISON Three Quarters — Fiscal Year To Date Point -of -Sale County Pool State Pool Gross Receipts Less Triple Flip* $8,574,218 1,034,390 4,320 2011-12 $8,991,985 1,042,823 1,123 $9,612,928 $10,035,931 $(2,403,232) $(2,508,983) Gross Trans. Tax $6,551,154 $7,002,811 'Reimbursed from county compensation fund Published by HdL Companies in Spring 2012 H/a i rye www.hdlcompanies.com 888.861.0220 h M> N r E s Q4 2011 National City Sales Tax Update California Overall Retail sales in the final quarter of 2011, excluding onetime reporting aberrations, were up 7.8% com- pared to the same period in 2010. Strong 4th quarter sales brought statewide calendar year 2011 within 7.25% of the pre -recession peak reached in 2006. At their 2009 low point, retail sales were 18.6% below their 2006 highs. CA Local Sales Tax Receipts in $Billions $6.0 $5.5 $5.0 $4.5 $4.0 $3.5 2001 2003 2005 2007 2009 2011 To close the remaining gap, annual retail sales need to grow by $40.5 billion, a daunting task with high unemployment and weak hous- ing markets still hindering growth. Retail sales have risen on strong demand for new autos, increased consumer spending, significant use tax receipts from alternative energy projects and federal stimulus fund- ed infrastructure projects. Howev- er, rising fuel costs and continued economic uncertainties are expect- ed to slow the rate of growth in the second half of this year. Retailers downsizing ... creating new opportunities and challenges A recent survey concluded that 53% of the U.S. population has made an online purchase and that 7% of all retail sales are now done over the Internet. With mobile and tablet shopping capabilities making online purchases ever easier, Inter- net market share is expected to hit 9% by 2016. The ease of online research has sharpened price competition and brick and mortar retailers are racing to accommodate the new consum- er patterns by focusing on enhanc- ing the shopping experience. This includes the development of more intimate shopping environments, use of social media to reach buy- ers, higher levels of customer ser- vice, specialised merchandise that cannot be purchased elsewhere and expanding the selection of goods offered with in-store kiosks supple- mented with timely deliveries. To cut overhead and compete on price, more retailers are going to the "endless aisle" concept of sell- ing items not actually in the store. This allows the retailer to increase product variety in a smaller space. Almost every major retailer has plans for either downsizing the footprint of new stores or subleas- ing space in existing stores. On the plus side, this trend allows entrance into retail markets too small for large format stores to be feasible. Less populous commu- nities could find their retail bases growing with new compact stores offering the same or more mer- chandise as their larger counter- parts. Communities with substan- tial existing retail could see new challenges in filling vacated space while also keeping up with the need for more inviting shopping envi- ronments. SALES PER CAPITA National City County Califomia NATIONAL CITY Tor 15 BUSINESS TYPES Business Type Department Stores Discount Dept Stares Electronics/App8ance Stores Family Apparel Henry Industrial Lumber/Building Materials New Motor Vehicle Dealers Restaurants Beer And Wine Restaurants Liquor Restaurants No Alcohol Service Stations Shoe Stores Specialty Stores Used Automotive Dealers Women's Apparel Total All Accounts County & State Pool Allocation Gross Receipts National City County NIL State Q4'11* Change Change Change 257.5 31.5% 3.2% 2.9% 280.8 7.5% 5.6% 4.1% 71.9 -6.2% 4.2% 4.0% 219.5 17.7% 9.0% 10.6% 45.0 24.6% 222% 19.5% 62.1 45.3% 7.4% 8.2% 883.2 13.6% 16.3% 15.5% 41.9 -10.4% -0.7% -0.4% 44.3 -0.3% 13.8% 9.9% 225.1 5.5% 9.0% 7.3% 208.0 5.2% 13.0% 14.7% 70.1 3.8"% -0.7% 6.7% 121.5 -2.4% 0.5% 2.1% 75.9 21.7% 20.7% 11.8% 119.3 7.5% 11.7% 6.8% $3,318.4 6.3% 7.8% 7.8% 398.1 2.3% 63,716.5 5.8% 'In thousands CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT •EETING DATE: August 7th, 2012 AGENDA ITEM NO. 4 ITEM TITLE: Warrant Register #1 for the period of 06/27/12 through 07/03/12 in the amount of $1,467,151.08. (Finance) PREPARED BY: K. Apalateguii DEPARTMENT: Finan PHONE: 019-336-43311 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 06/27/12 through 07/03/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Health Net Inc 302827 59,013.12 Insurance R1192A Active July 2012 Kaiser Foundation 302839 163,062.21 Insurance Active July 2012 ublic Emp Ret System 302872 231,945.29 Retirement Insurance Period 6/11/12 — 6/25/12 liTaceway Ford 302874 67,803.89 Police Vehicles Ford Fusion, Ford SDG Van FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/q ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,467,151.08 BOARD / COMMISSION RECOMMENDATION: N/A litTACHMENTS: arrant Register #1 PAYEE DIXIELINE BUILDERS FEDEX GEOSYNTEC CONSULTANTS INC MAINTEX INC PRO BUILD PRUDENTIAL OVERALL SUPPLY STAPLES ADVANTAGE ALLIANT INSURANCE SVCS INC ACEDO ALL THE KINGS FLAGS ALLEN ANDERSON ART D NIELSEN PAINTING INC ASSI SECURITY INC BEARD BECK D'cHOP 'GLER .YD BRENNTAG PACIFIC INC BROADWAY AUTO ELECTRIC CAPF CALIFORNIA ELECTRIC SUPPLY CALIFORNIA LAW ENFORCEMENT CALIFORNIA POLICE CHIEFS CINTAS DOCUMENT MANAGEMENT CONDON COOPER'S PLUMBING & HEATING CORPUZ COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO DANESHFAR DAPPER TIRE COMPANY DATA TICKET INC DEFRATIS DELTA DENTAL DEPT OF JUSTICE DESROCHERS DI CERCHIO DISCOUNT SCHOOL SUPPLY D-MAX ENGINEERING EDGE S AUTOWORKS t TSER III ENVIRONMENTAL HEALTH COALITION ERGOMETRICS EVIDENT CRIME SCENE PRODUCTS WARRANT REGISTER # 1 7/3/2012 DESCRIPTION HOME PROGRAM ACQUISITION/REHAB SPECIAL HANDLING CHGS-COMM DEV ENVIRONMENTAL CONSULTING 4 CORNER TURKISH TOWELS 25LB/CS MOP 45707 SOCKETS/MISC-NEIGHBORHOOD MOP 45742 UNIFORMS -NEIGHBORHOOD MOP 45704 OFFICE SUPPLIES- NEIGHBORHOOD LIABILITY INSURANCE FUND RETIREE HEALTH BENEFIT - JUL 2012 FLAGS, ACCESSORIES, RETIREE HEALTH BENEFIT - JUL 2012 RETIREE HEALTH BENEFIT - JUL 2012 PAINTING AS NEEDED SECURITY REPAIRS RETIREE HEALTH BENEFIT - JUL 2012 RETIREE HEALTH BENEFIT - JUL 2012 RETIREE HEALTH BENEFIT - JUL 2012' RETIREE HEALTH BENEFIT - JUL 2012 RETIREE HEALTH BENEFIT - JUL 2012 POOL CHEMICALS ELECTRICAL PARTS FIRE/LTD - JULY 2012 ANTI -SS RING WHITE GLASS PD/LTD - JULY 2012 2012/13 CPCA MEMBERSHIP DUES / PD MONTHLY SHREDDING OF (3) 65 GALLON RETIREE HEALTH BENEFIT - JUL 2012 EMERGENCY BACK FLOW REPAIRS RETIREE HEALTH BENEFIT - JUL 2012 HAZ MAT PERMIT 7/31/12 - 7/31/2013 PARKING CITATION REVENUE - MAY 2012 RETIREE HEALTH BENEFIT - JUL 2012 P265/70R17 TIRES / PW APPEALS, ON-LINE ACCESS/MAY 2012 RETIREE HEALTH BENEFIT - JUL 2012 DENTAL INS JUL 2012 ACCT#05-0908600002 INVESTIGATIVE SVCS - MAY 2012 RETIREE HEALTH BENEFIT - JUL 2012 RETIREE HEALTH BENEFIT - JUL 2012 ARTS & CRAFT SUPPLIES / CSD ADDISYN PARK RETIREE HEALTH BENEFIT - JUL 2012 LABOR ON VEH# 104 / PW RETIREE HEALTH BENEFIT - JUL 2012 CDBG GRANT AGREEMENT WITH ENVIRONMENTAL 302809 ASSESSMENT TEST, SCORING SVCS 302810 3M DOOR RESPIRATORS / POLICE 302811 1/4 CHK NO DATE AMOUNT 302765 7/3/12 40,495.57 302766 7/3/12 25.29 302767 7/3/12 204.46 302768 7/3/12 313.65 302769 7/3/12 835.09 302770 7/3/12 28.96 302771 7/3/12 72.87 302772 7/3/12 274.22 302773 7/3/12 160.00 302774 7/3/12 311.59 302775 7/3/12 125.00 302776 7/3/12 110.00 302777 7/3/12 3,450.00 302778 7/3/12 1,300.00 302779 7/3/12 70.00 302780 7/3/12 140.00 302781 7/3/12 110.00 302782 7/3/12 260.00 302783 7/3/12 145.00 302784 7/3/12 840.94 302785 7/3/12 282.75 302786 7/3/12 544.00 302787 7/3/12 3,545.70 302788 7/3/12 2,009.00 302789 7/3/12 1,600.00 302790 7/3/12 72.95 302791 7/3/12 280.00 302792 7/3/12 130.00 302793 7/3/12 140.00 302794 7/3/12 743.00 302795 7/3/12 18,282.50 302796 7/3/12 250.00 302797 7/3/12 573.77 302798 7/3/12 4,025.75 302799 7/3/12 120.00 302800 7/3/12 13,047.06 302801 7/3/12 96.00 302802 7/3/12 110.00 302803 7/3/12 70.00 302804 7/3/12 3,128.16 302805 7/3/12 1,413.00 302806 7/3/12 250.00 302807 7/3/12 440.00 302808 7/3/12 250.00 7/3/12 3,348.99 7/3/12 5,525.74 7/3/12 110.00 PAYEE EXCLUSIVELY LEGAL FEDEX FIRE ETC FIRE PREVENTION SERVICES INC FISHER SCIENTIFIC FUN FLICKS GELSKEY GEORGE WATERS GIBBS JR GRAINGER HANSON HARRIS & ASSOCIATES INC HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HODGES HOME DEPOT CREDIT SVCS HONEYWELL INTERNATIONAL INC HYE EUN LEE INTERNATIONAL CODE COUNCIL JAMES JEFFREY L SERVATIUS JERAULD'S AUTOMOTIVE INC JOSSE JUDD ELECTRIC JUNIEL KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMBLE KIMLEY HORN AND ASSOC INC KONE LANDA LIMFUECO LOUNSBERRY FERGUSON ALTONA LYNN PEAVEY MALDONADO MATIENZO MC CABE MEDINA METRO AUTO PARTS DISTRIBUTOR MURRAY MYERS NATIONWIDE ENVIRONMENTAL SVCS NELLANS NOSAL WILLIAM A OCHOA WARRANT REGISTER # 1 7/3/2012 DESCRIPTION TEMP PARALEGAL SVCS SPECIAL HANDLING CHGS-PD HELMETS / FIRE WEED ABATEMENT FY12 APP #12 CAVICIDE SPRAY, 24 / POLICE SUMMER MOVIES IN THE PARK / CSD RETIREE HEALTH BENEFIT -JUL 2012 FOOD FOR MISS NATIONAL CITY 2012 RETIREE HEALTH BENEFIT - JUL 2012 MOP 65179 MATERIALS & SUPPLIES RETIREE HEALTH BENEFIT - JUL 2012 HARBOR VIEW CONDOS FULL NETWORK 57135A - JULY 2012 HEALTH NET FOR JULY 2012 HEALTH INS N5992A - JULY 2012 INS R1192A - JULY 2012 RETIREE HEALTH BENEFIT - JUL 2012 HEAVY-DUTY FORCE CUP PLUNGER REPAIRS REFUND OF C&D FEES-PERMIT#69537 MEMBERSHIP - ANNUAL ICC RETIREE HEALTH BENEFIT - JUL 2012 RETIREE HEALTH BENEFIT - JUL 2012 STEERING GEAR - V6 F8DZ3504 CCRM 125 PLAN REIMBURSEMENT ELECTRICAL REPAIRS RETIREE HEALTH BENEFIT - JUL 2012 INS ACTIVE - JULY 2012 INS HD HSA ACTIVE-JUL 12 GPR 104220-0005 RETIREE HEALTH BENEFIT - JUL 2012 BAYSHORE BIKEWAY ELEVATOR REPAIRS/MAINTENANCE RETIREE HEALTH BENEFIT - JUL 2012 RETIREE HEALTH BENEFIT- JUL 2012 STORMWATER STATE MANDATES TEST CLAIM ZIP EASE, CUSTOM DOUBLE ROLL, RED TAPE, RETIREE HEALTH BENEFIT - JUL 2012 RETIREE HEALTH BENEFIT - JUL 2012 RETIREE HEALTH BENEFIT - JUL 2012 RETIREE HEALTH BENEFIT - JUL 2012 SPIN -ON FUEL/WATER SEPARATOR RETIREE HEALTH BENEFIT - JUL 2012 RETIREE HEALTH BENEFIT - JUL 2012 FREE FLOW 90-00 CARPET INSTALLATION ON STAGE RETIREE HEALTH BENEFIT - JUL 2012 RETIREE HEALTH BENEFIT - JUL 2012 2/4` CHKNO DATE AMOUNT 302812 7/3/12 1,485.00 302813 7/3/12 34.18 302814 7/3/12 1,494.23 302815 7/3/12 16,209.67 302816 7/3/12 168.31 302817 7/3/12 278.00 302818 7/3/12 115.00 302819 7/3/12 55.00 302820 7/3/12 120.00 302821 7/3/12 316.72 302822 7/3/12 135.00 302823 7/3/12 1,280.00 302824 7/3/12 5,377.98 302825 7/3/12 4,959.36 302826 7/3/12 525.07 302827 7/3/12 59,013.12 302828 7/3/12 200.fln 302829 7/3/12 27? 302830 7/3/12 39t 302831 7/3/12 1,798.00 302832 7/3/12 225.00 302833 7/3/12 140.00 302834 7/3/12 340.00 302835 7/3/12 951.93 302836 7/3/12 682.30 302837 7/3/12 1,160.00 302838 7/3/12 50.00 302839 7/3/12 163,062.21 302840 7/3/12 3,282.76 302841 7/3/12 300.00 302842 7/3/12 10,134.00 302843 7/3/12 324.31 302844 7/3/12 155.00 302845 7/3/12 160.00 302846 7/3/12 406.00 302847 7/3/12 339.30 302848 7/3/12 130.00 302849 7/3/12 100.00 302850 7/3/12 280.00 302851 7/3/12 105.00 302852 7/3/12 253.50 302853 7/3/12 150.C" 302854 7/3/12 14C 302855 7/3/12 302856 7/3/12 512.93 302857 7/3/12 1,137.19 302858 7/3/12 125.00 PAYEE OLIVER PACKAGING & ORIENTAL TRADING CO INC PACIFIC AUTO REPAIR PATRICIA GOMEZ PAUU JR PDQ PRECISION INC PEASE JR PETERS POST POTTER PRO BUILD PROGRESSIVE SOLUTIONS INC PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM R J SAFETY SUPPLY RACEWAY FORD RAY .IANCE STANDARD _ ARK ROE RUIZ RUSS' BEE REMOVAL S & S WORLDWIDE INC SAFRAN MORPHOTRUST SAM'S ALIGNMENT SERVICE SAN DIEGO TROLLEY INC SD COUNTY POLICE CHIEF'S AND SDG&E SHORT SKS INC. SMART & FINAL SOUTH BAY WINDOW & GLASS CO STAPLES ADVANTAGE STRASEN STUTZ ARTIANO SHINOFF & SUN BADGE COMPANY INC TARGET SPECIALTY PRODUCTS THE LINCOLN NATIONAL LIFE INS TRIVIZ TURF STAR UNITED PARCEL SERVICE TED ROTARY BRUSH aS `vALLEY INDUSTRIAL SPECIALTIES VALLEY POWER SYSTEMS INC VCA EMERGENCY ANIMAL HOSPITAL WEST ENTERPRISES WARRANT REGISTER # 1 7/3/2012 DESCRIPTION HOME DELIVERED TRAYS & CONSUMABLES 15 ROUND TABLE COVERS / CSD SMOG CERTIFICATION/REPAIRS REFUND OF C&D FEES-PERMIT#68897 RETIREE HEALTH BENEFIT - JUL 2012 ARMA-SOL SOLUTION / POLICE RETIREE HEALTH BENEFIT - JUL 2012 RETIREE HEALTH BENEFIT - JUL 2012 RETIREE HEALTH BENEFIT - JUL 2012 RETIREE HEALTH BENEFIT - JUL 2012 MOP 45707 BUILDING MATERIAL SOFTWARE MAINT CASHIER CENTRAL MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 06/11/12 - 06/25/2012 LIME CLASS-2 SAFETY VESTS SIZE XL FORD FUSION/ FORD SDG VAN / POLICE RETIREE HEALTH BENEFIT - JUL 2012 VOLUNTARY LIFE INS - JULY 2012 RETIREE HEALTH BENEFIT - JUL 2012 RETIREE HEALTH BENEFIT - JUL 2012 RETIREE HEALTH BENEFIT - JUL 2012 BEE REMOVAL FROM CITY PROPERTY ARTS SUPPLIES / CSD INVESTIGATIVE SVCES - MAY 2012 WHEEL ALIGNMENT TROLLEY FLAGGING SERVICES FY2012. MEMBERSHIP DUES 7/01/12-6/30/13 FACILITIES GAS & ELECTRIC RETIREE HEALTH BENEFIT - JUL 2012 MOBILE SPECIAL X1 10W30 BULK MOP 45756 MISC SUPPLIES-PD WINDOW/DOOR REPLACEMENTS COPY PAPER RETIREE HEALTH BENEFIT - JUL 2012 WC CLAIM COSTS RE -BANNER AND RE -NUMBER BADGE ROUNDUP PROMAX 5132002 LIFE & AD&D, STD, LTD INS - JUL 2012 RETIREE HEALTH BENEFIT - JUL 2012 BEARING -FLANGE 92-8799 UPS SHIPMENT SWEEPER REPAIRS RETIREE HEALTH BENEFIT - JUL 2012 MOP 46453 MATERIALS & SUPPLIES OIL FILTER KIT / PW STRAY ANIMAL VET CARE REIMB - WEST ENTERPRISES 3/4 CHK NO DATE AMOUNT 302859 7/3/12 1,400.00 302860 7/3/12 307.74 302861 7/3/12 165.96 302862 7/3/12 84.00 302863 7/3/12 340.00 302864 7/3/12 169.65 302865 7/3/12 140.00 302866 7/3/12 290.00 302867 7/3/12 280.00 302868 7/3/12 150.00 302869 7/3/12 387.82 302870 7/3/12 21,258.87 302871 7/3/12 449.24 302872 7/3/12 231,945.29 302873 7/3/12 845.91 302874 7/3/12 67,803.89 302875 7/3/12 190.00 302876 7/3/12 2,441.42 302877 7/3/12 135.00 302878 7/3/12 120.00 302879 7/3/12 310.00 302880 7/3/12 375.00 302881 7/3/12 648.32 302882 7/3/12 20.00 302883 7/3/12 691.20 302884 7/3/12 22.35 302885 7/3/12 350.00 302886 7/3/12 17,248.34 302887 7/3/12 300.00 302888 7/3/12 1,043.56 302889 7/3/12 988.73 302890 7/3/12 389.33 302891 7/3/12 6,538.36 302892 7/3/12 135.00 302893 7/3/12 75.00 302894 7/3/12 65.55 302895 7/3/12 252.45 302896 7/3/12 8,268.52 302897 7/3/12 135.00 302898 7/3/12 202.11 302899 7/3/12 81.39 302900 7/3/12 351.56 302901 7/3/12 125.00 302902 7/3/12 699.47 302903 7/3/12 190.22 302904 7/3/12 240.79 302905 7/3/12 405.30 PAYEE ZIETLOW SECTION 8 HAPS PAYMENTS WARRANT REGISTER # 1 7/3/2012 DESCRIPTION RETIREE HEALTH BENEFIT - JUL 2012 Start Date 6/27/2012 End Date 7/3/2012 4/4 CHK NO DATE AMOUNT 302906 7/3/12 150.00 A/P Total 757,880.13 709,270.95 GRAND TOTAL $ 1,467,151.08 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 f EMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. TINA NO IN, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 8th OF AUGUST, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT EETING DATE: August 7th, 2012 AGENDA ITEM NO. 25 ITEM TITLE: Warrant Register #2 for the period of 07/04/12 through 07/10/12 in the amount of $992,306.30. (Finance) PREPARED BY: K. Apalateguil DEPARTMENT: Fina PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 07/04/12 through 07/10/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/oN ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $992,306.30 BOARD / COMMISSION RECOMMENDATION: N/ql rTACHMENTS: Yv'arrant Register #2 PAYEE PRO BUILD T & T COMMUNITY PROPERTIES LLC 3T EQUIPMENT COMPANY INC AIRGAS WEST ALCEM FENCE COMPANY INC ALDEMCO ALL THE KINGS FLAGS ALPHA OMEGA SERVICES AZTEC APPLIANCE BARBARA M GENTLE BRENNTAG PACIFIC INC CALIFORNIA ELECTRIC SUPPLY CANINE TACTICAL OPERATIONS CITY OF NATIONAL CITY COUNTY OF SAN DIEGO DAPPER TIRE COMPANY DELTA CARE USA NBAR ARMORED INC :SCO rJCCLUSIVELY LEGAL FLEET SERVICES INC FON-JON KENNELS GORMSEN APPLIANCE CO GRAINGER GREEN MECHANICAL CONTRACTORS GROSSMAN PSYCHOLOGICAL ASSOCIA HONEYWELL INTERNATIONAL INC HYDRO SCAPE PRODUCTS INC IRON MOUNTAIN KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KEVIN CONIFF KNOX ATTORNEY SERVICE INC LASER SAVER INC MAN K-9 INC. MEYERS/NAVE LAW CORP MINUTEMAN PRESS MORALES MUNICIPAL EMERGENCY SERVICES N C CHAMBER OF COMMERCE PACIFIC SAFETY CENTER DFRRY FORD BUILD JVIDEA CONFERENCING, LLC ROUNDS ROYAL ARMS INTERNATIONAL INC RUSS' BEE REMOVAL S D COUNTY SHERIFF'S DEPT 1/2 WARRANT REGISTER #2 7/10/2012 DESCRIPTION CHK NO DATE AMOUNT MOP 45707. SUPPLIES / NSD 302907 7/10/12 424.73 EXPENSE REIM / 138 NORTON AVE 302908 7/10/12 19,600.00 1" PIRANAH ORANGE SEWER HOSE 600' 302909 7/10/12 1,683.45 MOP 45714 MATERIALS & SUPPLIES 302910 7/10/12 498.84 FENCE & GATE REPAIRS 302911 7/10/12 1,555.00 NUTRITION - FOOD & CONSUMABLES 302912 7/10/12 5,955.34 FLAGS, ACCESSORIES 302913 7/10/12 192.16 SCBA MASK FIT TESTS / FIRE 302914 7/10/12 25.00 APPLIANCE PURCHASES 302915 7/10/12 1,168.01 REIMB - DUPLICATE PAYMENT 302916 7/10/12 13.00 POOL CHEMICALS 302917 7/10/12 1,075.44 MOP 45698 ELECTRICAL MATERIAL 302918 7/10/12 107.63 REGISTRATION-SKIDDS/CATS SWAT/K9 302919 7/10/12 313.00 PETTY CASH REPLENISHMENT FOR JUNE 2012 302920 7/10/12 355.14 HAZ MAT PERMIT / FIRE 302921 7/10/12 562.00 TIRES 302922 7/10/12 210.62 PMI DENTAL IN - JULY 2012 302923 7/10/12 2,884.93 ARMORED SERVICES / FINANCE 302924 7/10/12 147.29 SERVICE FOR LIBRARY INVERTER 302925 7/10/12 572.00 TEMP PARALEGAL SVC-ENDING 06/17/12 302926 7/10/12 1,980.00 MOP 67804 AUTO PARTS 302927 7/10/12 27.99 KENNEL FEES FOR POLICE K9'S 302928 7/10/12 75.00 APPLIANCE REPAIRS & PARTS 302929 7/10/12 1,180.22 MOP 65179 SHOP SUPPLIES 302930 7/10/12 2,658.82 HVAC REPAIRS 302931 7/10/12 129.38 CRITICAL INCIDENT DEBRIEFING / PD 302932 7/10/12 350.00 HONEYWELLAUTOMATION 302933 7/10/12 986.00 MOP 45720 PIPES, VALVES 302934 7/10/12 347.87 RECORDS MANAGEMENT STORAGE 302935 7/10/12 142.00 RETIREES INS - JULY 2012 302936 7/10/12 23,261.88 RET INS GRP #104220-03 JULY 2012 302937 7/10/12 11,633.43 DIRECT DEPOSIT PAYCHECK OF 07/03/12 302938 7/10/12 472.43 COPY SERVICES 302939 7/10/12 136.47 MOP 45725. INK CARTRIDGES/ ENG 302940 7/10/12 76.07 WEEKLY TRAINING / POLICE K-9 302941 7/10/12 800.00 CONSULT / MOU NEGOTIATIONS 302942 7/10/12 192.50 PROPERTY TAG FORMS / PURCHASING 302943 7/10/12 99.07 GOLF COURSE LEASE FY 2013 302944 7/10/12 2,000.00 WARRINGTON 8" LEATHER ZIP 302945 7/10/12 2,155.38 NC TOURISM MARKETING FEE -MAY 2012 302946 7/10/12 18,793.82 REGISTRATION -RESPIRATORY PROGRAM 302947 7/10/12 149.00 R&M CITY VEHICLES 302948 7/10/12 536.12 MOP 45707. SUPPLIES FOR FIRE DEPT 302949 7/10/12 64.86 SERVICE FROM 7/1/12 - 6/30/12 / PD 302950 7/10/12 1,264.00 ED REIMB-CAPSTONE PROJECT COURSE 302951 7/10/12 1,069.75 82 GRAIN FLASH BANG / POLICE 302952 7/10/12 205.35 BEE REMOVAL FROM CITY PROPERTY 302953 7/10/12 275.00 SHERIFF'S RANGE USE / POLICE 302954 7/10/12 200.00 SAM'S ALIGNMENT SERVICE SAN DIEGO HUMANE SOC & SPCA SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SAV-MART PHARMACEUTICALS SD ASSOCIATION OF PUBLIC SDG&E SILVA STAPLES ADVANTAGE THE ENGRAVING STORE THE FILIPINO PRESS THOMSON WEST TOYOTA MOTOR CREDIT CORP TRAINING FOR SAFETY INC TRAINING FOR SAFETY INC U S BANK VERIZON WIRELESS WAXIE SANITARY SUPPLY WOODLAKE HOTEL SACRAMENTO YOUNG Z A P MANUFACTURING INC PAYROLL Pay period Start Date 14 6/12/2012 WHEEL ALIGNMENT TUITION: BASIC ANIMAL LE ACADEMY TUITION: REGIONAL OFFICER TRAINING TUITION: FIELD TRAINING OFFICER 10MG/ML PRE -FILLED SYRINGES / FIRE TUITION: LEGAL UPDATE FOR COMMUNICATION FACILITIES GAS & ELECTRIC REIMB TRAVEL: S-270 BASIC AIR OPERATIONS MOP 45704. OFFICE SUPPLIES/ FIN 5 X 7 CURVED GLASS AWARDS INSERTS FOR JULY 14, 2012 ISSUE MODEL OPPOSITION BRIEFS PURCHASE OF 3 2009 TOYOTA PRIUS TUITION -ADVANCED DISPATCHER UPDATE TUITION: ADVANCED DISPATCHER UPDATE CREDIT CARD EXP - PD CELL PHONGE CHGS- MAY 22-JUN 21, 2012 JANITORIAL. SUPPLIES RESERVATION -CONTINUING CHALLENGE HAZMAT BLOODSTAIN PATTERN INTERPRETATION R32AREF1218C REMOVE & REFACE / PW End Date Check Date 6/25/2012 7/4/2012 2/2 302955 7/10/12 502.74 302956 7/10/12 350.00 302957 7/10/12 108.00 302958 7/10/12 54.00 302959 7/10/12 41.76 302960 7/10/12 75.00 302 961 7/10/12 10, 007.92 302962 7/10/12 349.40 302963 7/10/12 391.26 302964 7/10/12 460.89 302965 7/10/12 300.00 302966 7/10/12 168.57 302967 7/10/12 41,352.27 302968 7/10/12 296.00 302969 7/10/12 296.00 302970 7/10/12 2,272.19 302971 7/10/12 60.58 302972 7/10/12 1,936.17 302973 7/10/12 638.31 302974 7/10/12 250.00 302975 7/10/12 2,058.84 A/P Total 170,57F 821,730.41 GRAND TOTAL $ 992,306.30 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 P MANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. TINA NO ' ii IN, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 8th OF AUGUST, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT EETING DATE: August 7, 2012 I AGENDA ITEM NO2 ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for a Restaurant Equipment Auction located at 3039 Hoover Avenue (Applicant: Bruce Wolski) (Case File 2012-14 CUP) 11 PREPARED BY: Martin Reeder, AICPi DEPARTMENT: Pia PHONE: 336-4313 APPROVED BY: EXPLANATION: The project site is a 28,750 square -foot property developed with a 13,420 square -foot building and 22 parking spaces. The applicant wishes to use the building to conduct new and used restaurant equipment sales, including one public auction per month at the site. The auction requires a CUP. Typical hours of operation for auctions would be on Saturdays between 9 a.m. and 4 p.m. 25-35 people are expected to attend the auctions. The business is subject to State second hand dealer license requirements. The applicant has a Second Hand Dealer license as part of his San Diego business. Planning Commission conducted a public hearing on July 16, 2012. Commissioners asked questions regarding conditions of approval and the previous business location. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. he attached Planning Commission staff report is attached and describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project under CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: [The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, DeLaPaz, Farias, Flores, Pruitt, Reynolds TTACHMENTS: Location Map 3. Resolution No. 15-2012 2. Planning Commission Staff Report 4. Reduced Plans fte 41. -- • • APN: 5.62-220-38 W. 30th St to N M - — -- Co N OSR-CZ IL - - — ---- \— co M a) Planning Commission Location Map 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 LO CO J 2012-14 CUP Q7.(3..1t Title: Item no. 6 July 16, 2012 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING — CONDITIONAL USE PERMIT FOR USED RESTAURANT EQUIPMENT SALES AT 3039 HOOVER AVENUE Case File No.: 2012-14 CUP Location: East side of Hoover Avenue south of W. 30th Street Assessor's Parcel No: 562-220-38 Staff report by: Martin Reeder, AICP — Assistant Planner Applicant/Owner: Bruce Woiski Combined General Plan/ Zoning designation: Light Manufacturing — Coastal Zone (ML-CZ) Parcel size: 0.66 acres Adjacent land use/zoning: North: Industrial use / ML-CZ East: Industrial use / ML-CZ South: Industrial use / ML-CZ West: Industrial use across Hoover Ave / ML-CZ Environmental review: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) BACKGROUND Site Characteristics The project site is a 28,750 square -foot property developed with a 13,420 square -foot building. The site has 22 parking spaces and is located in the Light Industrial (IL) zone. The site is also located within the Coastal Zone overlay. The recent Land Use Code Update is not active in the Coastal Zone. This is due to the fact that the necessary changes in the City's Local Coastal Plan have not been approved by the Coastal Commission. Therefore, the City's previous zoning would generally apply. In this case, the zone would have been ML-CZ (Light Manufacturing — Coastal Zone) — essentially the same zone. Proposed Use The applicant proposes to use the building to conduct new and used restaurant equipment sales, including one public auction per month at the site. Typical hours of operation are Monday to Friday 8 a.m. to 4 p.m. and Saturdays from 9 a.m. to 2 p.m. However, auctions are only proposed once a month — on Saturdays between 9 a.m. and 4 p.m. 25-35 people are expected to attend the auctions. The business is subject to State second hand dealer license requirements. The applicant has a Second Hand Dealer license as part of his San Diego business. Analysis Land Use Code Restaurant equipment sales are generally an allowed use in the ML zone. Use Group 19 includes "Refrigeration Equipment Retail Sales", which is very similar. However, auctions require a Conditional Use Permit (CUP) in order to operate, whether as an accessory or primary use. In this case, the auctions would be accessory to the primary use of storage and sale of new and used restaurant equipment. As you know, there is currently a moratorium on second-hand businesses (as well as pawn and gold buying businesses) in the City. The Business & Professions Code definition of "secondhand dealer" is relatively narrow in scope, including property bearing a serial number or personalized initials or an inscription, property taken as security for a loan by a pawnbroker, and secondhand property commonly sold by secondhand dealers and found by crime reports to the Attorney General's office to constitute a significant class of stolen goods. As a result, staff has followed the definition in the Business & Professions Code, which would exclude used restaurant equipment sales, thrift stores, used clothing stores, used furniture stores, etc. from the moratorium. Coastal Zone As previously mentioned the property is located within the Coastal Zone. This property is within an area that is categorically excluded from Local Coastal Program (LCP) requirements. The exclusion applies to uses and structures not involving any variances from the provisions of the Land Use Code, in which case no Coastal Development Permit is required. Potential issues with auctions would be related to noise, parking and traffic. The property is located in an industrial area with no homes nearby. Furthermore, the business is also close to the freeway, offsetting any potential noise impacts (e.g., PA system). However, a Condition of Approval has been added to require compliance with Title 12 (Noise) of the Municipal Code. Parking/Circulation The current Land Use Code requires 17 parking spaces. The previous Code required 16 spaces. As mentioned above, the business has 22 parking spaces, exceeding both requirements. Furthermore, both sides of Hoover Avenue in this location are available for street parking in an area that is generally not heavily parked. According to SANDAG data, a 13,420 square -foot industrial use with a commercial component would generate approximately 215 average daily trips (ADT) at peak times. However, this would be more indicative of an industrial park rather than a single business with occasional auctions. Access to and from the area is provided by West 30th Street and Hoover Avenue, both collector streets with direct access to National City Blvd., an arterial street, and two freeways (1-5 and SR-54). Therefore, no traffic issues are anticipated; the existing road network is more than capable of handling the additional traffic generated by the occasional auction use. A condition has been added to limit auctions to no more than three times per month unless this CUP is modified to address potential traffic concerns. Department Comments The Building Department and Fire Departments provided comments related to occupancy and fire protection. These comments are included as Conditions of Approval along with standard conditions. No public auction activities would be able to occur inside the building unless Building and Fire comments have been addressed. A condition has also been added to require compliance with outdoor storage requirements. Summary The proposed auction use is consistent with the Land Use Code with the approval of a Conditional Use Permit. Conditions of Approval will ensure that the business operates in harmony with existing uses in the area. Furthermore, the potential impacts are minimal, since the site is within an existing industrial area removed from sensitive uses and adequate parking is available both on and off site. RECOMMENDATION Approve 2012-14 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions of Approval 3. Location Map 4. Public Hearing Notice (Sent to 10 property owners) 5. Site Photos 6. Department Comments 7. Notice of Exemption 8. Exhibit A, Case File No. 2012-14 CUP, dated 6/11/2012 MARTIN REEDER, AICP Assistant Planner BRAD RAULSTON Executive Director RECOMMENDED FINDINGS FOR APPROVAL 2012-14 CUP, 3039 Hoover Avenue 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing building and since no expansion of the building is proposed. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic potentially generated by the proposed use, since the site has access to West 30th Street and Hoover Avenue, both collector streets with direct access to National City Blvd., an arterial street, and two freeways (1-5 and SR-54), which can accommodate the potential 215 average daily trips (ADT). 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within an existing building and the use is consistent with an industrial use which is permitted in the ML zone. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will allow the business to expand its services, thus increasing profitability and the chances for success. 5. That the granting of this Conditional Use Permit is consistent with and implements the requirements of the Local Coastal Program, since the business is located in a categorically excluded area and conforms with provisions of the Land Use Code. RECOMMENDED CONDITIONS OF APPROVAL 2012-14 CUP, 3039 Hoover Avenue General 1. This Conditional Use Permit authorizes used restaurant equipment auctions at 3039 Hoover Avenue. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2012-14 CUP, dated 6/11/2012. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. Building 5. All modifications, erection, construction, alterations and changes to the structure, if any, must comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. 6. If there is a change in occupancy, a building permit will be required for the new occupancy use. Fire 7. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of National Fire Protection Association (NFPA) Codes and Standards. 8. The project exceeds California Fire Code group S-1 and M standards for total square footage of the structure. An automatic sprinkler and fire alarm system shall be required for buildings or portions of buildings that exceed 12,000 square feet. 9. A 48 hour notice is required for all inspection provided by the National City Fire Department. Planning 10. No public auction activities may proceed inside the building unless Building and Fire Code requirements have been met. 11. The business shall maintain a Second Hand Dealer license as required by the State of California. 12.AII aspects of the business shall comply with the Business & Professions Code definition of "secondhand dealer". 13.AII activities on site shall conform to Title 12 of the National City Municipal Code. 14.Auctions conducted on site shall be limited to no more than three times per month without modification of this CUP. 15. The business shall comply with all requirements of the Land Use Code with regard to outdoor storage. CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR USED RESTAURANT EQUIPMENT SALES AT 3039 HOOVER AVENUE CASE FILE NO.: 2012-14 CUP APN: 562-220-38 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, July 16, 2012 in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Bruce Wolski) The applicant proposes to use the building to conduct new and used restaurant equipment sales, including one public auction per month at the site. Typical hours of operation are Monday to Friday 8 to 4 and Saturdays from 9 to 2. Plans are available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., July 16, 2012. The Planning Division can be contacted at 619-336-4310 or planninq(nationalcitvca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION MARTIN REEDER, AICP Assistant Planner 2012-14 CUP Used Restaurant Equipment — Site Photos Looking east from Hoover Ave Building interior 111 Parking area on north side of building Loading and storage area on south side of building 11 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 June 26, 2012 To: Planning Division From: Building Division Subject: Case File No. 2012-14 Restaurant Equipment Sales 3039 Hoover Avenue The proposed Conditional Use Permit to be operating at 3039 Hoover Avenue will be subject to the following Building Division conditions: • All modifications, erection, construction, alterations and changes to the structure, if any, will be subject to all specifications called out in the 2010 California Building, Mechanical, Electrical and Plumbing Codes. • The materials submitted to the Building Division did not reflect if there was to be a change in occupancy use from the prior business. If there is a change, a building permit will be required for the occupancy use. • The materials submitted show that the property contains a 13,420 square foot building to be used as a mercantile use. The 2010 California Building Code, Section 903.2.7 requires that an automatic sprinkler system be installed in a Group M Occupancy when the fire area exceeds 12,000 square feet. If the budding does not currently contain a sprinkler system that is approved by the Fire Department a permit from the Fire Department for a new sprinkler system will need to be obtained. • It is recommended that a meeting with the Property Owner, Prospective Tenants, Planning, Fire and Building Division be initiated prior to the Planning Commission meeting. If you have any questions regarding this matter please contact me at 619-336-4214, thank you. Luis Sainz Building Official 12 City of National City Fire Department Phone (619) 336-4550 Fire Department Plan Review Date: Project: Reviews: June 28, 2012 Case No: 2012-14 CUP Restaurant Equipment Sales / Auction R. Hernandez/Fire Marshal Listed plan corrections related to the National City Fire Department. If you have any questions please call (619) 336-4550. Please be advised: A fire Department permit will not be issued unless all corrections are completed and approved. 1) Project shall be designed, installed, tested and approved to code 2) The National City Fire Department utilizes all current codes and ordinances. Currently, we are using the 2010 editions of NFPA and the 2010 edition of the CFC 3) Project exceeds Califomia Fire Code group S-1 and M standards for total square footage of the structure. An automatic sprinkler and fire alarm system shall be required for buildings that exceed 12,000 square feet 4) A 48 hour notice is required for all inspection provided by the National City Fire Department Note: Approval for final sign -off shall be contingent upon final field inspection and compliance with all applicable codes and ordinances 2 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: 2012-14 CUP Project Location: 3039 Hoover Avenue, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a used restaurant equipment auction at an existing industrial property consisting of a 28,750 square -foot property developed with a 13,420 square - foot building and a 22-space parking lot. Auctions are proposed once a month. Applicant: Bruce Wolski 1248 Market Street San Diego, CA 92101 Exempt Status: Telephone Number: (619) 696-1699 Categorical Exemption. Class 1 Section 15301 (Existing Facilities) Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since the facility will not result in the expansion of a previously existing use. The facility will operate within an existing building and on a developed site without the need for physical expansion of use. Furthermore, the property has adequate access and parking space for the potential extra traffic generated by the occasional use. Date: MARTIN REEDER, AICP Assistant Planner 14 RESOLUTION NO. 15-2012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT USED RESTAURANT EQUIPMENT SALES AT 3039 HOOVER AVENUE. CASE FILE NO. 2012-14 CUP APN: 562-220-38 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for used restaurant equipment sales including auctions at 3039 Hoover Avenue at duly advertised public hearing held on July 16, 2012, 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. 2012-14 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 July 16, 2012, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing building and since no expansion of the building is proposed. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic potentially generated by the proposed use, since the site has access to West 30th Street and Hoover Avenue, both collector streets with direct access to National City Blvd., an arterial street, and two freeways (1-5 and SR-54), which can accommodate the potential 215 average daily trips (ADT). 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within an existing building and the use is consistent with an industrial use which is permitted in the ML zone. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will allow the business to expand its services, thus increasing profitability and the chances for success. 5. That the granting of this Conditional Use Permit is consistent with and implements the requirements of the Local Coastal Program, since the business is located in a categorically excluded area and conforms with provisions of the Land Use Code. 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 used restaurant equipment auctions at 3039 Hoover Avenue. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2012-14 CUP, dated 6/11/2012. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the 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 Section 18.12.040 of the Municipal Code. Building 5. All modifications, erection, construction, alterations and changes to the structure, if any, must comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. 6. If there is a change in occupancy, a building permit will be required for the new occupancy use. Fire 7. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of National Fire Protection Association (NFPA) Codes and Standards. 8. The project exceeds California Fire Code group S-1 and M standards for total square footage of the structure. An automatic sprinkler and fire alarm system shall be required for buildings or portions of buildings that exceed 12,000 square feet. 16 9. A 48 hour notice is required for all inspection provided by the National City Fire Department. Planning 10. No public auction activities may proceed inside the building unless Building and Fire Code requirements have been met. 11. The business shall maintain a Second Hand Dealer license as required by the State of California. 12.AII aspects of the business shall comply with the Business & Professions Code definition of "secondhand dealer". 13.AII activities on site shall conform to Title 12 of the National City Municipal Code. 14.Auctions conducted on site shall be limited to no more than three times per month without modification of this CUP. 15.The business shall comply with all requirements of the Land Use Code with regard to outdoor storage. 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 July 16, 2012, by the following vote: AYES: DeLaPaz, Farias, Alvarado, Reynolds, Pruitt, Baca, Flores NAYS: ABSENT: ABSTAIN: CHAIRMAN 1'7 t104PHERE 9[><ILM ROAM M - NT SALES & AUCTION RAVE CA 91950 J4 - _ - .bXM. Vna.mei. MtA.AMMNM,NM - - - - -- - r— .1 ROWS ••.A. AM..NM. M M.....A MANII..Y..1Meei - -- .— 1 6 d WWy L JJ — ax�a q w0Z 00 ZM F, Q Z 1 FIRST FLOOR PLAN SCALE: II I6" = I'-0" D Q zonr r- co w LT e�c. rr - r w 1111 A l 1 On,a. AAUMNR 1M O11v¢.XNe. geom.AN OM ? yy Y COMTEUCIMOOEl6" ILAUITSNAVE d1UAWI AUNeta `` �\ MOM W.AMA. O..NY.N MY (Ili lW1Y MIN52&12 M. Y\NIM XO CXUM.A.X.O.NIMM.R \` aX WsTM.. I. p'J'{Y '� KMAGPILOH 012.W .+— Ml�iee� M.aw '' f�- FLOOR PLAN I.) \ ...... 2 SECOND FLOOR PLAN SCALE: I/I611 = I'-0" FP CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT EETING DATE: lAugust 7, 2012 I AGENDA ITEM NO. 27 ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for Title Loan Service at an existing Payday Advance Business located at 925 East Plaza Blvd. Ste. H (Applicant: Sheltie Hawkins — Check Into Cash) (Case File 2012-09 CUP) PREPARED BY: (Martin Reeder, AICI DEPARTMENT: PHONE: 336-4313 APPROVED BY: EXPLANATION: Check Into Cash has been located in Plaza Village Center since 1998. Other businesses in the center include Subway, Taco Salsa, and the Armed Forces Recruitment Center. Check Into Cash is nonconforming as it has no CUP. The applicant wishes to add automotive title lending services to their existing payday lending business. The expansion of services triggers a CUP. No construction is proposed as part of the project. Planning Commission conducted a public hearing on July 16, 2012. Commissioners asked questions regarding conditions of approval and business practices. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. The attached Planning Commission staff report is attached and describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project under CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, DeLaPaz, Farias, Flores, Pruitt, Reynolds I TTACHMENTS: Location Map 2. Planning Commission Staff Report 3. Resolution No. 14-2012 D 08TH I I I --- 1019 Subject Parcel Zone Boundary APN: 556-590-03 z 824 O Ir 830 w 836 0 827 833 943 09TH e 0 O N 0 A- 830 832 N O N I I I 1 Feet 0 95 190 380 Planning Commission Location Map 2012-09 CUP 07.03.12 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No: Staff report by: Applicant: Property owner: Combined General Plan/ Zoning designation: Parcel size: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 4 July 16, 2012 CONDITIONAL USE PERMIT FOR TITLE LOAN SERVICE AT AN EXISTING PAYDAY ADVANCE BUSINESS LOCATED AT 925 E. PLAZA BLVD. STE. H. 2012-09 CUP Check Into Cash 556-590-63 Martin Reeder, AICP —Assistant Planner Shellie Hawkins Wong Frank C & Carolyn L Family Trust Major Mixed -Use District (MXD-2) 1.66 acres Residential / MXC-2 Armed Forces Recruitment Center & commercial / MXD-2 South Bay Plaza across Plaza Blvd / MXD-2 Commercial use / MXD-2 Not a project under CEQA (existing facility, no expansion) BACKGROUND Site Characteristics The site is located in the Major Mixed -Use District (MXD-2) zone on the north side of Plaza Blvd. just east of Highland Avenue. The subject business (Check Into Cash) is an 869 square -foot suite in Plaza Village Center. Nearby businesses within the center include Subway, Taco Salsa, Ginza Sushi, and the Armed Forces Recruitment Center. Check Into Cash is considered to be a nonconforming business; it has no Conditional Use Permit (CUP), as is required for payday lending businesses. Check Into Cash has been at this location since 1998 operating as a check cashing and payday advance business. The following services are also offered: • ATM service • Tax preparation • Stored value cards • Money transfers • Money orders • Bill payment • Consumer credit and financial services Proposed Use Check Into Cash would like to add automotive title lending services to their existing payday lending business. Since this business was established prior to the City's requirement for payday lenders to obtain a CUP, the business must obtain a CUP due to the expansion of services offered. No construction is proposed as part of the project. Analysis Payday lenders are permitted within the Major Mixed -Use District (MXD-2) zone with the approval of a Conditional Use Permit. As mentioned above, no CUP exists for this business, since it predates the requirement enacted last year. Auto title loans have been interpreted as being allowed as an accessory use to a payday lending business (which requires a CUP), or to be allowed with a CUP either stand alone or as part of other businesses that may typically offer this service (e.g., car dealer). As Check Into Cash is a licensed payday lender, the former would apply. Auto title loans are a form of collateralized lending, similar to a pawn or payday lending service, in that collateral is put up for a loan. In this case, a loan recipient uses the title to their vehicle as collateral but still gets to use the vehicle in the meantime. If the loan is defaulted upon, the vehicle can be repossessed as loan payment. Payday lenders must be licensed by the Department of Corporations and are, as such, regulated as to the types of loans that can be made and the interest rates that can be charged. Auto title loan businesses are also regulated by the Department of Corporations and are subject to the California Finance Lender's Law. As such, loans of. less than $2,500 are capped with regard to loan interest rates. However, loans of greater than $2,500 are not limited and a lender may charge any interest that the market may bear. Given the possibility of such high interest rates auto title loans have been considered to be a form of predatory lending. The title loan industry has been under scrutiny in recent years for business practices that are certainly predatory in nature (e.g., high interest rates, non -amortized loans, high fees, prepayment penalties, etc.). The applicant has stated that their standard interest rate for auto title loans is 10.99%, which is within the usual range of such rates. Although high on an annual basis, people who can cover their loan faster would end up paying less. In addition, Check Into Cash has a business model that promotes responsible lending and borrowing practices. This includes: • A competitive interest rate of 10.99% (the best local rate applicant) • Any advertised interest rate will be beaten by %% • Amortized loans (many predatory loans are 'interest only' and principle) • No initiation fee • No application fee • No DMV fees • No prepayment penalty for early payments or loan settlement These responsible practices are designed to offer a reasonable service to those who need it. These types of loans are becoming a service in demand by consumers wishing to obtain loans where other options are not available. This is due to many people with credit issues being turned down by banks or other mainstream lenders. Given the practices outlined above and the accessory nature of the request, the proposal would be consistent with the Land Use Code and with City policy. It is not expected that any traffic or parking impacts would ensue from an approval given that it would be a single service that is not the primary focus of the business. Summary according to the do not reduce the The proposed use of an auto title loan service as outlined in the business practices above is consistent with the Land Use Code with the approval of a Conditional Use Permit and based on previous interpretation. The proposed business is along a commercial corridor that has other similar uses such as payday advance and other financial lending establishments. Although not a common lending instrument, auto title loans are becoming a service in demand among consumers looking for loans where their financial situation disqualifies them from lending from banks or other mainstream lenders. RECOMMENDATION 1. Approve 2012-09 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2012-09 CUP based on findings to be determined by the Planning Commission; or 3. Continue the item to a specific date. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions of Approval 3. Location Map 4. Public Hearing Notice (Sent to 55 property owners) 5. Site photos hatA4AA MARTIN REEDER, AICP Assistant Planner BRAD RAULSTON Executive Director RECOMMENDED FINDINGS FOR APPROVAL 2012-09 CUP, 925 East Plaza Blvd. Suite H 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be accessory to an existing commercial use. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed will be accessory to an existing commercial use and that negligible additional traffic or parking demand would be generated. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within a commercial structure, there is no expansion proposed, and the use is typical of a commercial use considered in the General Plan and Land Use Code. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will provide a service in demand among consumers. 6 RECOMMENDED CONDITIONS OF APPROVAL 2012-09 CUP, 925 East Plaza Blvd. Suite H General 1. This Conditional Use Permit authorizes the expansion of services at an existing payday lending business located at 925 East Plaza Blvd. Suite H, to include auto title loans pursuant to the business plan described in the staff report for Case File 2012-09 CUP. 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 Planning Department prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. The permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. Building 5. Any plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes Fire 6. Any plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. Planning 7. All activities shall operate pursuant to any and all applicable permits and regulations as specified by pertinent federal, state or local authority, including the State of Califomia and the Department of Corporations. CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR TITLE LOAN SERVICE AT AN EXISTING PAYDAY ADVANCE BUSINESS LOCATED AT 925 E. PLAZA BLVD. STE. H CASE FILE NO.: 2012-09 CUP APN: 556-590-03 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, July 16, 2012, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Shellie Hawkins) Check Into Cash is requesting to add automotive title lending services to their existing payday lending business. The business is considered nonconforming, thus a (Conditional Use Permit (CUP) is required for the expansion of services offered. Information is available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., July 16, 2012, who can be contacted at 619-336-4310 or planninggnationalcitvca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION MARTIN REEDER, AICP Assistant Planner 2012-09 CUP Check Into Cash — Auto Title Loans — Site Photos Plaza Village Center Businesses Check Into Cash Location RESOLUTION NO. 14-2012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR TITLE LOAN SERVICE AT AN EXISTING PAYDAY ADVANCE BUSINESS LOCATED AT 925 E. PLAZA BLVD. STE. H. CASE FILE NO. 2012-09 CUP APN: 556-590-63 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for title loan service at an existing payday advance business located at 925 E. Plaza Blvd. Ste. H, at duly advertised public hearing held on July 16, 2012, 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. 2012-09 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 July 16, 2012, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be accessory to an existing commercial use. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed will be accessory to an existing commercial use and that negligible additional traffic or parking demand would be generated. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within a commercial structure, there is no expansion proposed, and the use is typical of a commercial use considered in the General Plan and Land Use Code. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will provide a service in demand among consumers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 111 General 1. This Conditional Use Permit authorizes the expansion of services at an existing payday lending business located at 925 East Plaza Blvd. Suite H, to include auto title loans pursuant to the business plan described in the staff report for Case File 2012-09 CUP. 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 Planning Department prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. The permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. Building 5. Any plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes Fire 6. Any plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. Planning 7. All activities shall operate pursuant to any and all applicable permits and regulations as specified by pertinent federal, state or local authority, including the State of California and the Department of Corporations. 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 July 16, 2012, by the following vote: AYES: DeLaPaz, Farias, Alvarado, Reynolds, Pruitt, Baca, Flores NAYS: ABSENT: ABSTAIN: CHAIRMAN • CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT EETING DATE: August 7, 2012 AGENDA ITEM NO. 28 ITEM TITLE: City Council Review of League of California Cities 2012 Annual Conference Resolutions PREPARED BY: Leslie Deese, City Manager PHONE: 619-336-4240 EXPLANATION: See attached report. DEPARTMENT: City Manager APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: City Council to consider the League's resolutions and determine the City's position so that our voting delegates can represent their position during the League conference in September 5-7 in San Diego. BOARD / COMMISSION RECOMMENDATION: N/A •TTACHMENTS: Staff Report League of California Cities 2012 Annual Conference Resolutions Packet City Council Review of League of California Cities 2012 Annual Conference Resolutions This year's League of California Cities Annual Conference will be held September 5-7 in San Diego. Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities and the League is through the League's eight standing policy committee and the board of directors. The process allows for timely consideration of issues in a changing environment and assures city officials the opportunity to both initiate and influence policy decisions. At the Annual Conference, the League will consider five resolutions, the details of which are provided in the attached information packet: 1) Resolution encouraging California cities to oppose the California Desert Protection Act of 2011 2) Resolution requesting consideration of suspension of implementation or revision of the California Global Warming Solutions Act (AB 32 of 2006) 3) Resolution calling upon the Governor and Legislature to enact legislation that would correct inefficiencies in the audit system, distribution system and inequities in the formulas for distributing court ordered arrest and citation fines, fees and assessments generated by local government 4) Resolution of the League of California Cities raising public awareness and supporting tougher laws related to Internet crimes against children* 5) Resolution Calling for the Replacement of the Death Penalty with the Sentence of Life Imprisonment without the Possibility of Parole 6) Resolution calling for an Emergency Management Mission for California cities * Please note that the San Diego County Division has submitted a resolution pertaining to Internet Crimes Against Children (ICAC). The San Diego County ICAC Taskforce brought the issue to the attention of the Division with the desire to elevate the understanding of internet based crime perpetrated on children. The resolution calls for an increased public awareness and education effort about the critical issue of internet crimes against children statewide and calls on the League to advocate for tougher law for child pornographers. The City Council voted on June 19, 2012 to appoint Councilmember Mona Rios as the voting delegate and Mayor Ron Morrison as the alternate delegate to represent National City at the 2012 League Annual Luncheon/Business Meeting. The meeting will be held at 12:00 p.m. on Friday, September 7, at the San Diego Convention Center. The League encourages city councils to consider the resolutions and determine a city position so their voting delegate(s) can represent its position during the conference and / or provide a report back to Council on action taken by the League on the resolutions. If there is any particular direction that the Council would like to provide, direction tonight would be appropriate. Some Councils just allow their voting delegates to "vote your conscience" since the measures tend to get modified during the policy committee process. Others like to provide specific direction to vote for or against a particular resolution. There is no requirement that the Council discuss each issue. LEAIGUE ft.. CITIES July 12, 2012 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org TO: Mayors, City Managers and City Clerks League Board of Directors RE: Annual Conference Resolutions Packet Notice of League Annual Meeting Enclosed please find the 2012 Annual Conference Resolutions Packet. Annual Conference in San Diego. This year's League Annual Conference will be held September 5 - 7 at the San Diego Convention Center in San Diego. The conference announcement has previously been sent to all cities and we hope that you and your colleagues will be able to join us. More information about the conference is available on the League's Web site at www.cacities.org/ac. We look forward to welcoming city officials to the conference. Annual Luncheon/Business Meeting - Friday, September 7, 12:00 p.m. The League's Annual Business Meeting will be held at the San Diego Convention Center. Resolutions Packet. At the Annual Conference, the League will consider the five resolutions introduced by the deadline, Saturday, July 7, 2012, midnight. These resolutions are included in this packet. We request that you distribute this packet to your city council. We encourage each city council to consider the resolutions and to determine a city position so that your voting delegate can represent your city's position on each resolution. A copy of the resolutions packet is posted on the League's website for your convenience: www.cacities.org/resolutions. The resolutions packet contains additional information related to consideration of the resolutions at the Annual Conference. This includes the date, time and location of the meetings at which resolutions will be considered. Voting Delegates. Each city council is encouraged to designate a voting delegate and two alternates to represent their city at the Annual Business Meeting. A letter asking city councils to designate their voting delegate and two alternates has already been sent to each city. Copies of the letter, voting delegate form, and additional information are also available at: www.cacities.org/resolutions. Please Bring This Packet to the Annual Conference September 5 - 7 — San Diego 1. INFORMATION AND PROCEDURES RESOLUTIONS CONTAINED IN THIS PACKET: The League bylaws provide that resolutions shall be referred by the president to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be considered by the General Resolutions Committee at the Annual Conference. This year, five resolutions have been introduced for consideration by the Annual Conference and referred to the League policy committees. POLICY COMMITTEES: Three policy committees will meet at the Annual Conference to consider and take action on resolutions referred to them. The committees are Environmental Quality, Public Safety, and Revenue & Taxation. These committees will meet on Wednesday, September 5, 2012, at the San Diego Marriott Marquis & Marina Hotel in San Diego. Please see page iii for the policy committee meeting schedule. The sponsors of the resolutions have been notified of the time and location of the meetings. Two other policy committees may also be meeting: Administrative Services and Employee Relations. Administrative Services will meet pending League Board (July 19 & 20) action to determine whether the committee will review any November General election ballot initiatives. Employee Relations will meet if the Legislature acts on pension reform in August. If pension reform is passed, the committee will meet to discuss the details of the proposal. For now, please plan to attend the meeting at the Annual conference. If for some reason this changes, League staff will send an email notifying the committee. Three policy committees will not be meeting at the annual conference. These committees are: Community Services; Housing, Community & Economic Development; and Transportation, Communication, & Public Works. GENERAL RESOLUTIONS COMMITTEE: This committee will meet at 1:00 p.m. on Thursday, September 6, at the San Diego Convention Center, to consider the reports of the three policy committees regarding the five resolutions. This committee includes one representative from each of the League's regional divisions, functional departments and standing policy committees, as well as other individuals appointed by the League president. Please check in at the registration desk for room location. ANNUAL LUNCHEON/BUSINESS MEETING/GENERAL ASSEMBLY: This meeting will be held at 12:00 p.m. on Friday, September 7, at the San Diego Convention Center. PETITIONED RESOLUTIONS: For those issues that develop after the normal 60-day deadline, a resolution may be introduced at the Annual Conference with a petition signed by designated voting delegates of 10 percent of all member cities (48 valid signatures required) and presented to the Voting Delegates Desk at least 24 hours prior to the time set for convening the Annual Business Session of the General Assembly. This year, that deadline is 12:00 p.m., Thursday, September 6. If the petitioned resolution is substantially similar in substance to a resolution already under consideration, the petitioned resolution may be disqualified by the General Resolutions Committee. Resolutions can be viewed on the League's Web site: www.cacities.org/resolutions. Any questions concerning the resolutions procedures may be directed to Meg Desmond at the League office: mdesmond@cacities.org or (916) 658-8224. II. GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities and the League is through the League's eight standing policy committees and the board of directors. The process allows for timely consideration of issues in a changing environment and assures city officials the opportunity to both initiate and influence policy decisions. Annual conference resolutions constitute an additional way to develop League policy. Resolutions should adhere to the following criteria. Guidelines for Annual Conference Resolutions 1. Only issues that have a direct bearing on municipal affairs should be considered or adopted at the Annual Conference. 2. The issue is not of a purely local or regional concern. 3. The recommended policy should not simply restate existing League policy. 4. The resolution should be directed at achieving one of the following objectives: (a) Focus public or media attention on an issue of major importance to cities. (b) Establish a new direction for League policy by establishing general principals around which more detailed policies may be developed by policy committees and the Board of Directors. (c) Consider important issues not adequately addressed by the policy committees and Board of Directors. (d) Amend the League bylaws (requires 2/3 vote at General Assembly). it III. LOCATION OF MEETINGS Policy Committee Meetings Wednesday, September 5, 2012 San Diego Marriott Marquis & Marina Hotel 333 W. Harbor Drive, San Diego POLICY COMMITTEES MEETING AT ANNUAL CONFERENCE TO DISCUSS AN ANNUAL CONFERENCE RESOLUTION 9:00 a.m. — 10:30 a.m. 10:30 a.m. — 12:00 p.m. Environmental Quality; Revenue and Taxation Public Safety TENTATIVE POLICY COMMITTEE MEETINGS AT ANNUAL CONFERENCE TO DISCUSS OTHER ISSUES 9:00 a.m. — 10:30 a.m. Administrative Services 10:30 a.m. — 12:00 p.m. Employee Relations Note: These policy committees will NOT meet at the Annual Conference: Community Services Housing, Community & Economic Development Transportation, Communication & Public Works 06 General Resolutions Committee Thursday, September 6, 2012, 1:00 p.m. San Diego Convention Center Annual Business Meeting and General Assembly Luncheon Friday, September 7, 2012, 12:00 p.m. San Diego Convention Center iii IV. KEY TO ACTIONS TAKEN ON RESOLUTIONS Resolutions have been grouped by policy committees to which they have been assigned. Please note that one resolution has been assigned to more than one committee. This resolution is noted by this sign (0). Number Key Word Index 1 Reviewing Body Action 2 3 1 - Policy Committee Recommendation to General Resolutions Committee 2 - General Resolutions Committee 3 - General Assembly ENVIRONMENTAL QUALITY POLICY COMMITTEE 1 2 3 3 Desert Protection Act 4 Global Warming PUBLIC SAFETY POLICY COMMITTEE 1 2 3 ♦1 Fines and Forfeitures 2 5 Internet Crimes Against Children Emergency ManaLement Mission for California Cities REVENUE AND TAXATION POLICY COMMITTEE 1 2 3 ♦1 Fine and Forfeitures Please note: These committees will NOT meet at the annual conference: Community Services; Housing, Community & Economic Development; and Transportation, Communication & Public Works Information pertaining to the Annual Conference Resolutions will also be posted on each committee's page on the League website: www.cacities.org. The entire Resolutions Packet will be posted at: www.cacities.org/resolutions. iv KEY TO ACTIONS TAKEN ON RESOLUTIONS (Continued) KEY TO REVIEWING BODIES KEY TO ACTIONS TAKEN 1. Policy Committee A - Approve 2. General Resolutions Committee D - Disapprove 3. General Assembly N - No Action Action Footnotes * Subject matter covered in another resolution ** Existing League policy *** Local authority presently exists R - Refer to appropriate policy committee for study a - Amend Aa - Approve as amended Aaa Approve with additional amendment(s) Ra - Amend and refer as amended to appropriate policy committee for study Raa Additional amendments and refer Da - Amend (for clarity or brevity) and Disapprove Na - Amend (for clarity or brevity) and take No Action W - Withdrawn by Sponsor Procedural Note: Resolutions that are approved by the General Resolutions Committee, as well as all qualified petitioned resolutions, are reported to the floor of the General Assembly. In addition, League policy provides the following procedure for resolutions approved by League policy committees but not approved by the General Resolutions Committee: Resolutions initially recommended for approval and adoption by all the League policy committees to which the resolution is assigned, but subsequently recommended for disapproval, referral or no action by the General Resolutions Committee, shall then be placed on a consent agenda for consideration by the General Assembly. The consent agenda shall include a brief description of the basis for the recommendations by both the policy committee(s) and General Resolutions Committee, as well as the recommended action by each. Any voting delegate may make a motion to pull a resolution from the consent agenda in order to request the opportunity to fully debate the resolution. If, upon a majority vote of the General Assembly, the request for debate is approved, the General Assembly shall have the opportunity to debate and subsequently vote on the resolution. v V. 2012 ANNUAL CONFERENCE RESOLUTIONS RESOLUTIONS REFERRED TO ENVIRONMENTAL OUALITY POLICY COMMITTEE 3. RESOLUTION ENCOURAGING CALIFORNIA CITIES TO OPPOSE THE CALIFORNIA DESERT PROTECTION ACT OF 2011 Source: City of Needles Referred To: Environmental Quality Policy Committee Recommendation to General Resolutions Committee: WHEREAS, in 1993 Senator Diane Feinstein introduced the California Desert Protection Act of 1994 which became federal law and was passed by the United States Congress on October 8, 1994, and WHEREAS, this act established the Death Valley and Joshua Tree National Parks and the Mojave National Preserve in the California desert; and WHEREAS, this act designated 69 wilderness areas as additions to the National Wilderness Preservation System within the California Desert Conservation Area (CDCA), the Yuma District, the Bakersfield District, and the California Desert District of the Bureau of Land Management permits grazing in such areas; and WHEREAS, the Act abolished Death Valley National Monument, established in 1933 and 1937, and incorporated its lands into a new Death Valley National Park administered as part of the National Park System. Grazing of domestic livestock was permitted to continue at no more than the then -current level. The Act also required the Secretary of the Interior to study the suitability of lands within and outside the boundaries of the park as a reservation for the Timbisha Shoshone Tribe; and WHEREAS, the Act abolished Joshua Tree National Monument, established in 1936, and incorporated its lands into Joshua Tree National Park; and WHEREAS, the Act established the Mojave National Preserve, consisting of approximately 1,419,800 acres (5,746 km; 2,218.4 sq mi), and abolished the East Mojave National Scenic Area, which was designated in 1981. The preserve was to be administered in accordance with National Park System laws. Hunting, fishing and trapping were permitted as allowed by federal and state laws, with certain exceptions. Mining claims were governed by the National Park System laws, and grazing was permitted to continue at no more than the then -current level; and WHEREAS, the Act required the Secretary of the Interior to ensure that American Indian people have access to the lands designated under the Act for traditional cultural and religious purposes, in recognition of their prior use of these lands for these purposes. Upon the request of an Indian tribe or religious community, the Secretary must temporarily close specific portions to the general public to protect the privacy of traditional cultural and religious activities; and WHEREAS, flights by military aircraft over the lands designated by the Act were not restricted or precluded, including over flights that can be seen or heard from these lands; and WHEREAS, Congress found that federally owned desert lands of southern California constitute a public wildland resource of extraordinary and inestimable value for current and future generations; these desert wildlands have unique scenic, historical, archeological, environmental, ecological, wildlife, cultural, 6 scientific, educational and recreational values; the California desert public land resources are threatened by adverse pressures which impair their public and natural values; the California desert is a cohesive unit posing difficult resource protection and management challenges; statutory land unit designations are necessary to protect these lands; and WHEREAS, Senator Dianne Feinstein, author of the 1994 California Desert Protection Act has introduced legislation "California Desert Protection Act of 2011" that will set aside new land in the Mojave Desert for conservation, recreation and other purposes; and WHEREAS, the proposed legislation will take AN ADDITIONAL 1.6 million acres of Bureau of Land Management land out of potential development, including mining exploration, by designating two new "National Monuments", one adjacent to the Mojave National Preserve which will take 1.5 million acres out of BLM multiple use in addition to 800,000 acres out of private ownership and one adjacent to the Joshua Tree National Park; and WHEREAS, this legislation will result in just about every square inch of the desert spoken for, either for military use, national parks, wilderness and special conservation areas, Indian reservations and other types of land management (half of the lands under BLM management are protected under wilderness or special conservation area restrictions); and WHEREAS, projects, such as California mandated solar energy development, that would disturb or destroy habitat must make up for that loss by purchasing private habitat at ratios of at least three acres for every one acre disturbed; and WHEREAS, at that rate, even in the nation's largest county, San Bernardino, just three solar projects on federal land will require an amount of private land acquisition of 22,000 acres, or roughly 34 square miles, land will come off of the county's tax rolls and we will literally run out of mitigation land after a handful of projects; and WHEREAS, the Federal Energy Policy Act of 2005 requires that 10,000 megawatts of renewable energy be generated on public land in the west. To meet California's mandate of having 33 percent of our energy come from renewable sources, it requires more that 20,000 megawatts of production and they are looking mainly at public lands. If we approve that much solar, the result would be a regulatory lockdown on the rest of the Desert by the Federal Fish and Wildlife Service and the State Department of Fish and Game; and WHEREAS, the Desert Protection Act of 1994 encompassed 1.5 million acres or 2,218.4 square miles plus an additional 800,000 acres of private land or 1,250 square miles; Fort Irwin, 1,000 square miles; 29 Palms Marine Base, 931.7 square miles and they have also applied for an additional 420,000 acres in 2008, or 659.375 square miles totaling 6,059.48 square miles; and WHEREAS, the California Desert Protection Act of 2011 will take OVER 2,300 square miles, not including the acreage of wilderness located outside any of the above mentioned areas (this total mileage would roughly encompass Rhode Island, Delaware, and Connecticut); and WHEREAS, these public lands have long supported a range of beneficial uses and efforts have been made to protect the desert inhabitants. Let's not destroy the desert or our ability to use and enjoy it. NOW, THEREFORE, BE IT RESOLVED, by the General Assembly of the League of California Cities assembled at the Annual Conference in San Diego, September 7, 2012, that the 7 League encourages California cities to adopt resolutions in opposition to the California Desert Protection Act of 2011. Staff: Committee: ////////// League of California Cities Staff Analysis Kyra Ross, Legislative Representative, (916) 658-8252 Environmental Quality Policy Committee Summary: This resolution encourages California cities to oppose the California Desert Protection Act of 2011. Background: The California Desert Protection Act of 2011 (S. 138) is legislation proposed by Senator Dianne Feinstein which would provide for conservation, enhanced recreation opportunities, and development of renewable energy in the California Desert Conservation Area. The Measure would: • Create two new national monuments: the 941,000 acres Mojave Trails National Monument along Route 66 and the 134,000 acres Sand to Snow National Monument, which connects Joshua Tree National Park to the San Bernardino Mountains. • Add adjacent lands to Joshua Tree National Park, Death Valley National Park and Mohave National Preserve; • Protect nearly 76 miles of waterways; • Designate five new wilderness areas; • Designate approximately 250,000 acres of Bureau of Land Management wilderness areas near Fort Irwin; • Enhance recreational opportunities; and, • Designate four existing off -highway vehicle areas in the California Desert as permanent. S. 138 is a re -introduction of S. 2921, the California Desert Protection Act of 2010 which is now dead. S. 138 was introduced in January 2011 and was referred to the Senate Committee on Energy and Natural Resources. The measure has not yet been set for hearing by the Committee. Fiscal Impact: Unknown. No direct fiscal impact to city general funds. Existing League Policy: The League's Mission Statement is "to expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians." Specific to this Resolution, existing policy offers no specific policy on this issue. The League's Strategic Priorities for 2012, as adopted by the League Board of Directors, include: 2) Promote Local Control for Strong Cities: Support or oppose legislation and proposed constitutional amendments based on whether they advance maximum local control by city governments over city revenues, land use, redevelopment and other private activities to advance the public health, safety and welfare of city residents. »»»»» 8 4. RESOLUTION REQUESTING CONSIDERATION OF SUSPENSION OF IMPLEMENTATION OR REVISION OF THE CALIFORNIA GLOBAL WARMING SOLUTIONS ACT (AB 32 of 2006) Source: City of Needles Referred to: Environmental Quality Policy Committee Recommendation to General Resolutions Committee: WHEREAS, in 2006 the California Legislature adopted the California Global Warming Solutions Act, commonly referred to as AB 32 (Health & Safety Code §§38500 et seq.); and WHEREAS, AB 32 aims to reduce California's greenhouse gas emissions (GHGs) to 1990 levels by 2020 (Health & Safety Code §38550) and to 80 percent below 1990 levels by 2050; and WHEREAS, the California Air Resources Board (CARB) is the government agency charged with determining how the AB 32 goals will be reached (Health & Safety Code §38510); and WHEREAS, CARB's implementation of AB32 aims to reduce California's GHG emissions by 169 million metric tons of carbon dioxide equivalent (MMTCO2E) through a variety of strategies, including sector -specific regulations, market mechanisms, voluntary measures, fees, incentives and other policies and programs; and WHEREAS, there are portions of the state that have been designated as nonattainment for the national ambient air quality standards (NAAQS) for Ozone and PM, nonattainment for state ambient air quality standards (SAAQS) for Ozone, PM, Sulfates and Hydrogen Sulfide, and identified by CARB pursuant to as overwhelmingly impacted by transported air pollution from upwind air basins; and WHEREAS, areas designated nonattainment are mandated under the provisions of the Federal Clean Air Act (FCAA) to require pursuant to New Source Review (NSR) rules, Best Available Control Technology (BACT) and offsetting emissions reductions (Offsets) on major new or modified stationary sources of those nonattainment air pollutants and their precursors (42 U.S.C. §§7502(c)(5), 7503) regardless of whether or not the area so designated has any control or not over the pollution causing the nonattainment finding; and WHEREAS, the United States Environmental Protection Agency (USEPA) has requested that a program be developed to implement the Prevention of Significant Deterioration (PSD) which will require additional analysis for new or modified sources of attainment pollutants including but not limited to greenhouse gases, which will also necessitate emissions reductions and BACT in some cases for attainment pollutants; and WHEREAS, due in part to the limited number of existing sources of air pollutants and the overwhelming impact of transport some or a majority of the cities have few if any available emissions reductions available to provide such offsets; and WHEREAS, many technologies used to attain BACT levels of air pollution control are based upon the combustion of fossil fuels which also causes emissions of GHGs; and 9 WHEREAS, there are a variety of Federal regulations promulgated and proposed by the USEPA regarding greenhouse gasses that have the potential to conflict both directly and in their implementation with regulatory measures to implement AB32 as adopted and proposed by CARB; and WHEREAS, there are a variety of other mandates and regulations at the State level (municipal waste diversion, renewable energy mandate etc.) which have the potential to conflict both directly and in due to their implementation with regulatory measures to implement AB32 as adopted and proposed by CARB; and WHEREAS, such conflicts severely impede the cities or state as well as regulated industry efforts to comply with both the applicable Federal regulations and regulations implementing AB32; and WHEREAS, the existing and proposed regulations on both the State and Federal level result in an overall regulatory structure that is inconsistent and confusing making it virtually impossible or incredibly slow to start any new large scale projects within the State at a time where California infrastructure and its economy are in most need of refurbishment; and WHEREAS, the existing and proposed regulations and unclear guidelines will also make it more difficult for smaller, pollution transport impacted air districts like the MDAQMD, to properly implement and enforce the regulations; NOW, THEREFORE, BE IT RESOLVED, by the General Assembly of the League of California Cities assembled at the Annual Conference in San Diego, September 7, 2012, that the League encourages the existing 482 California cities to adopt resolutions requesting a suspension of the implementation of some, if not all, the regulations promulgated under the California Global Warming Solutions Act (AB 32 of 2006) until such time as the legal and regulatory inconsistencies can be resolved; and BE IT FURTHER RESOLVED, that California cities request the California Air Resources Board and other applicable state agencies examine the impact of the regulations promulgated pursuant to AB 32 and for potential direct and indirect conflict with other existing regulations at both the State and Federal level including but not limited to the potential for gains in one area to jeopardize progress in another; and BE IT FURTHER RESOLVED, that California cities request the California Air Resources Board and other applicable state agencies examine the overall economic impact of the regulations promulgated pursuant to AB 32 and their interaction with other existing regulations with emphasis upon the potential for job and other economic activity "flight" from California; and BE IT FURTHER RESOLVED, that California cities request the State of California by and through its Governor, Legislature, and applicable state agencies should encourage the resolution of internal conflicts between and among existing Federal programs by supporting items including but not limited to: reopening the Federal Clean Air Act, New Source Review Reform, and efforts to regulate GHGs under a comprehensive Federal program. //8////// 10 League of California Cities Staff Analysis on Resolution No. 4 Staff: Kyra Ross, Legislative Representative, (916) 658-8252 Committee: Environmental Quality Policy Committee Summary: This resolution encourages California cities to: 1.) Adopt resolutions requesting the suspension of the implementation of some, if not all, the regulations promulgated under the California Global Warming Solutions Act (AB 32) until such time as the legal and regulatory inconsistencies can be resolved; 2.) Asks cities to request the California Air Resources Board (CARB) and other applicable state agencies examine the impact of the regulations promulgated pursuant to AB 32, and for potential conflict with other existing regulations at both the State and Federal level including, but not limited to, the potential for gains in one area to jeopardize progress in another; and, 3.) Asks cities to request the CARB and other applicable state agencies examine the overall economic impact of the regulations promulgated pursuant to AB 32 and their interaction with other existing regulations with emphasis upon the potential for job and other economic activity "flight" from California; and, 4.) Asks cities to request the State to encourage the resolution of internal conflicts between and among existing Federal programs by supporting items, including but not limited to: a. Reopening the Federal Clean Air Act; b. New Source Review Reform; and, c. Efforts to regulate greenhouse gas emissions under a comprehensive federal program. Background: AB 32 passed in 2006 and requires the State to reduce greenhouse gas emissions to 1990 levels by 2020. As the implementing agency, CARB developed and passed a Scoping Plan in 2008, outlining emission reduction measures to help the state meet its statutory reduction of greenhouse gas emissions. Since 2008, a number of measures outlined in the Scoping Plan have been implemented. Measures of interest to cities include: voluntary local government 15% reduction in greenhouse gas emissions; regional transportation - related greenhouse gas targets; landfill methane control; and green building codes. At the same time, many of California's 15 air basins are facing ongoing challenges to meeting federal air quality standards. It's important to note that regulation of air quality in California is separated into two levels of regulation. CARB regulates air pollution from cars, trucks, buses and other sources, often referred to as "mobile sources". Local air districts regulate businesses and industrial facilities. Local air districts are the bodies that regulate ozone, PM 2.5 and PM 10. Ground level ozone (ozone), more commonly referred to as smog, is a pollutant that forms on hot summer days (not to be confused with the ozone that forms in the upper atmosphere or stratosphere). Ozone is not directly emitted by one source but comes from a combination of volatile organic compounds and nitrogen oxides. In the presence of sunlight, especially on hot summer days, this mixture forms ozone. Particulate Matter (PM) is made up of fine solid or liquid such as dust, fly ash, soot, smoke, aerosols, fumes, mists, and condensing vapors. US EPA has set health based standards for particles smaller than 10 microns (PM 10) and particles smaller than 2.5 microns (PM 2.5). When these particles become airborne, they can be suspended in the air for long periods of time. Both PM 10 and PM 2.5 have been determined to cause serious adverse health effects. According to an April 2012 report by the California Air Pollution Control Officer's Association "California's Progress Toward Clean Air": Despite significant improvements, air quality remains a major source of public health concern in large metropolitan areas throughout California. The San Joaquin and South Coast Air Basin 11 continue to face significant challenges in meeting the federal health -based standards for ozone and fine particles, despite their regional and state -level controls on mobile and stationary sources that are the most stringent in the nation. In 2007, both regions sought extension for meeting the 1997 8- hour federal ambient air quality standard for ozone. A comparable challenge faces each region with respect to attainment of the 1997 PM2.5 standard. Due to continued progress in health research, the federal EPA lowered the ambient concentration for the 8-hour ozone and 24-hour PM 2.5 standards in 2008 and 2006, respectively. The net effect of these stricter standards is to raise the performance bar for California air basins. This will extend the timeframe for attainment in highly polluted regions as well as increase the number of basins with non -attainment status. Challenges also exist for air districts across California who are in attainment with the federal standards, as they continue to strive for attainment of the State's health -based ozone and PM standards, which are more stringent than the standards adopted by the US EPA. According to the Sponsor, areas designated nonattainment are mandated under the provision of the federal Clean Air Act to require (pursuant to New Source Review Rules) Best Available Control Technology (BACT) and offsetting emissions reduction on major new or modified stationary sources of those nonattainment air pollutants and their precursors regardless of whether or not the area so designated has any control and not over the pollution causing the nonattainment finding. The Sponsor also notes that there are a variety of other mandates and regulations at the state level that have the potential to conflict both directly and indirectly with the implementation of AB 32 measures being proposed and implemented by CARB. Two measures pointed out by the Sponsor are the existing mandate for local jurisdictions to divert 50% of solid waste from landfills (Public Resources Code 41780) and the state Renewable Portfolio Standard (RPS) that requires all retail sellers (Investor Owned Utilities, electric service providers, and community choice aggregators) and all publicly owned utilities to procure at least 33% of electricity delivered to their retail customers from renewable resources by 2020. Fiscal Impact: Unknown. No direct fiscal impact to city general funds. Existing League Policy: Specific to this Resolution, existing policy states: Air Quality • The League believes cities should have the authority to establish local air quality standards and programs that are stricter than state and federal standards. The League opposes efforts to restrict such authority. • The League opposes legislation redirecting the funds authorized by Health and Safety Code Section 44223, which are currently used by local governments for locally based air quality programs. • The League opposes air quality legislation that restricts the land use authority of cities. Climate Change • The League recognizes that climate change is both immediate and long term, with the potential for profound environmental, social and economic impacts to the planet and to California. • Through the Global Warming Solutions Act of 2006 (AB 32 (Nunez) Chapter 488, Statutes of 2006) California has embarked on a plan that requires the reduction of greenhouse gas emissions to 1990 levels by 2020. Although uncertainty remains about the pace, distribution and magnitude of the effects of climate change, the League recognizes the need for immediate actions to mitigate the sources of greenhouse gas emissions and has adopted the following principles: 1. Action Plans for Mitieatine Greenhouse Gas Emissions. Encourage local governments to complete 12 an inventory of greenhouse gas emissions, set appropriate reduction targets, and create greenhouse gas emission reduction action plans. 2. smart Growth. Consistent with the League's Smart Growth policies, encourage the adoption of land use policies designed to reduce sprawl, preserve open space, and create healthy, vibrant, and sustainable communities. 3. Green Technology Investment Assistance. Support tax credits, grants, loans and other incentives to assist the public, businesses, and local agencies that invest in energy efficient equipment and technology, and fuel efficient, low emission vehicles. 4. Energy and Water Conservation and Efficiency. Encourage energy efficiency, water efficiency, and sustainable building practices in new and existing public, residential and commercial buildings and facilities. This may include using the U.S. Green Building Council's LEED program or similar systems. 5. increase the Use of Clean Alternative Energy. Promote the use and purchase of clean alternative energy through the development of renewable energy resources, recovery of landfill methane for energy production and waste -to -energy technologies. 6. jteduction of Vehicle Emissions in Public Agency Fleets. Support the reduction of vehicle emissions through increased fuel efficiency, use of appropriate alternative fueled vehicles, and/or low emission vehicles in public agency fleets. Encourage the use of appropriate alternative fueled vehicles, and/or low emission vehicles in private fleets. 7. Climate Change Impacts. Encourage all levels of government to share information to prepare for climate change impacts. 8. Coordinated Planning. State policy should encourage and provide incentive for cities to coordinate and share planning information with neighboring cities, counties, and other governmental entities so that there are agreed upon regional blueprints and strategies for dealing with greenhouse gas emissions. 9. Water Su1/n1v for New Development. Encourage exchange of water supply information between state and local agencies, including information on the impacts of climate change on state and local water supplies. 10. Recycles Content and Green Purchasing Policies. Encourage the adoption and implementation of recycled content and green procurement policies, if fitness and quality are equal, including the adoption of an Environmental Management System and authorization of local agencies to consider criteria other than only cost in awarding contracts for services. Additionally, the League's Mission Statement is "to expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians." Finally, the League's Strategic Priorities for 2012, as adopted by the League Board of Directors, include: In addition, the Strategic Priorities for 2012, as adopted by the League Board of Directors, are to: 1) Support Sustainable and Secure Public Employee Pensions and Benefits: Work in partnership with state leaders and other stakeholders to promote sustainable and secure public pensions and other post -employment benefits (OPEBs) to help ensure responsive and affordable public services for the people of our state and cities. 2) Promote Local Control for Strong Cities: Support or oppose legislation and proposed constitutional amendments based on whether they advance maximum local control by city governments over city revenues, 13 land use, redevelopment and other private activities to advance the public health, safety and welfare of city residents. 3) Build Strong Partnerships for a Stronger Golden State: Collaborate with other public and private groups and leaders to reform the structure and governance, and promote transparency, fiscal integrity, and responsiveness of our state government and intergovernmental system. RESOLUTIONS REFERRED TO PUBLIC SAFETY POLICY COMMITTEE ♦1 A RESOLUTION CALLING UPON THE GOVERNOR AND LEGISLATURE TO ENACT LEGISLATION THAT WOULD CORRECT INEFFICIENCIES IN THE AUDIT SYSTEM, DISTRIBUTION SYSTEM AND INEQUITIES IN THE FORMULAS FOR DISTRIBUTING COURT ORDERED ARREST AND CITATION FINES, FEES AND ASSESSMENTS GENERATED BY LOCAL GOVERNMENT. Source: City of Glendora Referred to: Revenue & Taxation Policy Committee Recommendation to General Resolutions Committee: WHEREAS, the primary purpose of criminal and traffic laws is to improve safety for the public, where the cost involved to implement enforcement falls primarily upon local law enforcement agencies throughout the State; and WHEREAS, if State laws are to be effectively enforced then local cities must have a fair revenue structure to pay the cost of making arrests and issuing citations for criminal and traffic violators; and WHEREAS, the significant inequity in the amount cities receive in relation to the full cost of a citation and/or arrest results in an unfair distribution of revenue to cities that are generated by court fines, fees, surcharges, penalties and assessments levied on offenders; and WHEREAS, the current inefficiencies in the system makes it practically impossible for cities to insure transparency and effectively audit, administer and manage public funds that are generated by cities and distributed by the State and County; and WHEREAS, to adequately protect and serve the public during this time of declining revenue and deteriorating services the inequities in the system needs to be changed; and WHEREAS, court -ordered debt collection and revenue distribution is a complex system where there are few audits, if ever, done to determine if cities are receiving their fair share of disbursements; and WHEREAS, once a debt has been collected, in whole or in part, distributing the money is not simple as there are over 150 ways collection entities are required to distribute revenue collected from traffic and criminal court debts. Depending on the fine, fee, surcharge or penalty assessment imposed by the court has more than 3,100 separate court fines, fees, surcharges, penalties and assessments levied on offenders that appear in statutes spanning 27 different state code sections; and WHEREAS, the current system makes it practically impossible for cities to effectively administer and manage public funds that are generated by cities. Because of the complex system cities cannot determine if they are receiving their fair share of the fines collected; and 14 WHEREAS, Counties and the State have statutory responsibility and power to conduct their audits, while cities do not currently have clear legal standing to demand access to court records for purposes of conducting audits in a thorough and transparent manner which further shrouds the understanding of when and how revenue is distributed; and WHEREAS, in December 2011 at the request of the Glendora Police Department the Los Angeles Superior Court conducted a sample audit of 15 Glendora Police Department -issued citations from 2010. The results of the sample audit revealed the City of Glendora received about 12% ($253) of the $2,063 in paid fines for the 12 of the 15 citations submitted. Three (3) of the citations in the audit were sent to collection or warrants. Based on those results, the city received an average of $21, while the State and County received an average of $172 for each of the 12 citations. The percentage breakdown for the city was 12.25% as compared to the State and County's share of 86.75%; and WHEREAS, issuing a typical vehicle code violation citation can involve up to an hour of the issuing officer's time and the time of a records clerk tasked with entering citations into the database costing approximately $82 per hour. If the citation is challenged the cost increases another $135 to cover the cost of court time and handling of the notices associated with such an appeal. Therefore, the cost incurred to issue a citation currently is between $82 and $217, while the sample audit reveals the city is receiving about $21 in cost recovery; and WHEREAS, officials with Superior Court openly admit that similar results would be expected for almost every jurisdiction in the State issuing citations due to the complexity and "Priority of Distribution" they must follow from the State of California. "Priority Distribution" is triggered when a court reduces a fine for a citation. This process prohibits Judges from reducing penalty assessments and thus the only discretion Judges have in reducing fines, fees and costs is to reduce the base fine, or city portion, of the total fine. This process has a significant impact on the amount of money cities issuing the citation will receive. Rarely is the reduction in the fine taken from other stakeholders. Cities are one of the lowest priorities on the distribution list and often find themselves receiving significantly less share -or no share after deducting State and County fees and surcharges; and now there let it be RESOLVED by the General Assembly of the League of California Cities, assembled in San Diego on September 7, 2012, that the League of California Cities calls upon the State Legislature and Governor to: 1. Create an efficient system to provide cities with a clear authority to audit the distribution of fines, fees, assessments and administrative costs for criminal and traffic violations; Source: 2. Enact legislation that changes the "Priority Distribution" mandate so cities receive the total cost of issuing, processing and testifying in court on criminal cases and traffic violations; and 3. That any reduction in fines, fees, assessments or costs should be equally distributed from the total fine imposed, not just from the city base fine. ////////// Background Information on Resolution No. 1 City of Glendora 15 Background: Court -ordered debt collection and revenue distribution is a complex system where there are few audits, if ever, done to determine if cities are receiving their fair share of disbursements. The current system makes it practically impossible for cities to effectively administer and manage public funds that are generated by cities. Because of the complex system cities cannot detennine if they are receiving their fair share of the fines collected. Once a debt has been collected, in whole or in part, distributing the money is not simple as there are over 150 ways collection entities are required to distribute revenue collected from traffic and criminal court debts, depending on the fine, fee, surcharge or penalty assessment imposed by the court and California has more than 3,100 separate court fines, fees, surcharges, penalties and assessments levied on offenders that appear in statutes spanning 27 different government code. County and state have statutory responsibility and power to conduct their audits, while cities do not currently have clear legal standing to demand access to court records for purposes of conducting audits in a thorough and transparent manner which further shrouds the understanding of when and how revenue is distributed. At the request of the City of Glendora, in December 2011, the Los Angeles Superior Court conducted a sample audit of 15 Glendora Police Department -issued citations from 2010. The results of the sample audit revealed the Glendora received about 12% ($253) of the $2,063 in paid fines for the 12 of the 15 citations submitted. Three (3) of the citations in the audit had been sent to collection or warrants. Based on those results, the city received an average of $21, while the state and county received an average of $172 for each of the 12 citations. The percentage breakdown for the city was 12.25% as compared to the state and county's share of 86.75.% Issuing a typical vehicle code violation citation can involve up to an hour of the issuing officer's time and the records clerk tasked with entering citations into the database costing approximately $82 per hour. If the citation is challenged the cost increases another $135 to cover the cost of court time and handling of the notices associated with such an appeal. Therefore, the cost incurred to issue a citation that is currently between $82 about $217, while the sample audit reveals the city is receiving about $21 in cost recovery. Officials with Superior Court openly admit that similar results would be expected for almost every jurisdiction in the state because when a court reduces a fine it triggers a process called "Priority Distribution." This process prohibits Judges from reducing penalty assessments imposed by the county and state and thus the only discretion that Judges have in reducing fines is to reduce the Base Fine (City Portion) of the total fine. This mandate has a significant impact on the amount of money cities issuing the citation receive. Rarely is the reduction in the fine taken from other stakeholders. Cities are one of the lowest priority on the distribution so often they find themselves receiving significantly less share -or no share after deducting state and county fees and surcharges. The primary cost to implement enforcement falls upon local law enforcement agencies throughout the state. This Resolution calls upon the State Legislature and Governor to create an efficient system to provide cities with a clear authority to audit the distribution of fines, fees, assessments and administrative costs for criminal and traffic violations. In addition, legislation should be developed and passed that changes the "Priority Distribution" mandate so the cities receive the total cost of issuing, processing and testifying in court on criminal cases and traffic violations and that any reduction in fines, fees, assessments or costs should be equally distributed from the total fine imposed. Ill/Illlll 16 League of California Cities Staff Analysis on Resolution No. 1 Staff: Dorothy Holzem, Assoc. Legislative Representative, (916) 658-8214 Committee: Public Safety Policy Committee Staff: Dan Carrigg, Legislative Representative, (916) 658-8222 Committee: Revenue and Taxation Policy Committee Summary: This Resolution urges the League of California Cities, through legislative or administrative means, to clarify the authority for cities to audit the distribution of court imposed fines, fees, penalty assessments and administrative costs for criminal and traffic violations. It also urges the League to seek legislative changes to the "Priority Distribution" statutory formula so that cities receive the total cost of issuing, processing and testifying in court on criminal cases and traffic violations. The current statutory formula allows reductions to the base fine but maintains the same level of penalty assessments, based upon the full penalty charge. Finally, any reductions that may occur in fines, fees, assessments or costs determinations should be equally distributed from the total fine imposed, not just from the city base fine. This Resolution raises several policy questions: 1) Should cities have the authority to request audits and receive reports from a county or the state on the local share of revenue resulting from criminal and traffic violation penalties? 2) Should cost -recovery be a driving factor in setting monetary penalties for criminal or traffic violations? 3) Should reductions (as ordered by a judge) to the fines owed by violators be taken just out of the base fine, or should the base fine and related penalty assessments be reduced proportionately? Background: In California, criminal offenders may have additional penalty assessments made to their base fines. These penalty assessments are based on the concept of an "abusers fee," in which those who break certain laws will help finance programs related to decreasing those violations. For example, drug and alcohol offenses and domestic violence offenses are enhanced by special assessments on fines that directly fund county programs designed to prevent the violations. All other criminal offenses and traffic violations are subject to penalty assessments that are used to fund specific state programs. According to the Resolution sponsor, the City of Glendora, the court -ordered collection of penalty fines and additional assessments, as well as the subsequent revenue distribution, is a complex system where few audits are conducted to determine if cities are receiving their share of collections. The current system makes it practically impossible for cities to effectively administer and manage public funds that are generated by cities. The League recently held in-depth policy discussions related to audit authority in light of the misconduct charges against the City of Bell in 2011. The League convened a technical working group to review audit legislation and administrative efforts by the State Controller's Office. Following the work of this group, the League Board adopted principles supporting transparent, accurate financial and performance information. (See "Existing Policy" section below.) However, these principles did not address expanding cities' audit authority over the state, counties, or other public agencies. 17 The sponsors state that there are over 150 ways collection entities are required to distribute revenue collected from traffic and criminal court debts. Depending on the fine, fee, surcharge or penalty assessment imposed, there are more than 3,100 separate court fines, fees, surcharges, penalties and assessments levied on offenders that appear in statutes spanning 27 different state code sections. Generally, the base fines for criminal and traffic citations are significantly lower than the additional penalty assessments levied by the state and counties. In some instances, the penalty assessment for state and local programs can be three or four times the amount collected by the city or county agency that issued the citation through their local enforcement authority. The amount each program account receives is based on a statutory formula. For example, if a driving under the influence (DUI) fine is $1000, specific dollar amounts proportionate to the base fine are added under six different code sections for a total price tag of $3,320 for the offense. Some examples of program accounts receiving penalty assessment revenues include Peace Officer Standards and Training (POST), victim witness protection and services, court security, court construction, forensic laboratories for DNA identification, and automated fingerprint identification. The impact of programs largely funded, if not solely funded, by penalty assessment revenue casts a wide net of stakeholders including counties, sheriffs, district attorneys, public defenders, fish and game wardens, victim advocates, and access to the judicial system advocates. Cities are also partial benefactors of penalty assessment funded programs related to law enforcement. For the last three decades, this policy area has been under great scrutiny and study but with little reform taking place. The recommendations from past studies and reports to consolidate penalty assessment accounts or their collections efforts, which would require legislative action, have likely not gained traction because of the inevitable loss of revenue for the specific programs and the affected interest groups. In 1986, the Legislature enacted Senate Concurrent Resolution 53, requiring the Legislative Analyst Office (LAO) to study the statutory penalty assessments that are levied by the courts on offenders and the state programs that the funds support. The completed 1988 study found a complicated system of collection and distribution of penalty funds. The LAO was unable to fully identify the source offenses that generated penalty revenues because of limitations in most county collection systems. In 2005, the California Research Bureau issued a report for the Assembly Public Safety Committee on county penalty assessments that drew similar conclusions. They stated the complexity of the system means poor revenue collection, disproportionate justice for debtors, and undermines the usefulness of fines as a punishment or deterrent. They recommended efforts to streamline and consolidate collections, funding, and appropriations. After some delay, the state created the Administrative Office of the Court's Court -Ordered Debt Task Force, which is charged with evaluating and exploring means to streamline the existing structure for imposing and distributing criminal and traffic fines and fees. This Task Force has been asked to present preliminary recommendations to the Legislature regarding the priority in which court -ordered debt should be satisfied and the use of comprehensive collection programs. Currently, the League of California Cities has two appointments to the Task Force. However, the Task Force has been put on hiatus and has not met for approximately 12 months due to significant state cuts to the court budget in recent years. Currently, legislation was introduced this year to address the issue of cities not recouping the costs of issuing citations. The response has been to increase the base fine and not change penalty assessments. Assembly Bill 2366 (Eng) would increase the base fine of "fix -it" tickets from $10 to $25 dollars. This has largely been successful in the legislative fiscal committees because with every increase to the base fine for the issuing agency, so increases the state and county share of penalty assessments proportionately. 18 Lastly, in most instances when the legislature takes into consideration a fine increase, be it for manufacturer product responsibility or criminal acts, the legislature focuses on how the increased fine will alter behavior, not on recovering the costs of enforcing that violation. Fiscal Impact: Unknown. Potential additional revenue received by cities, if any, would vary based on total citations issued and collected. ExistinE League Policy: Related to this Resolution, existing policy offers: • Cities and the League should continue to emphasize efficiency and effectiveness, encouraging and assisting cities to achieve the best possible use of city resources. • The League supports efforts to preserve local authority and accountability for cities, state policies must ensure the integrity of existing city revenue sources for all cities, including the city share and situs allocation, where applicable, of property tax, sales tax, vehicle license fee, etc. Audit Principles Adopted by the League Board • Given the State already has substantial authority to examine local government financial practices, and recognizes the significant resources required by auditors and local governments to complete audits, additional authority should only be granted to a State agency when there are documented insufficiencies in its existing authority. • Governmental financial audits and performance audits ensure financial integrity and promote efficient, effective and accountable local government. • Transparent, accurate financial and performance information is necessary for citizens to have confidence that their interests are being served, and for decision makers to be accountable for ensuring that public funds are spent appropriately and effectively. • Public trust is inspired when auditors perform their work with independence, objectivity and integrity, remaining free from personal, external and organizational impairments to that independence, both in fact and in appearance. • Public confidence in government is maintained and strengthened when financial and performance information is collected, managed and reported in accordance with nationally recognized professional accounting and auditing standards. The League's Mission Statement is "to expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians." In addition, the Strategic Priorities for 2012, as adopted by the League Board of Directors, are to: 1) Support Sustainable and Secure Public Employee Pensions and Benefits: Work in partnership with state leaders and other stakeholders to promote sustainable and secure public pensions and other post -employment benefits (OPEBs) to help ensure responsive and affordable public services for the people of our state and cities. 2) Promote Local Control for Strong Cities: Support or oppose legislation and proposed constitutional amendments based on whether they advance maximum local control by city governments over city revenues, 19 land use, redevelopment and other private activities to advance the public health, safety and welfare of city residents. 3) Build Strong Partnerships for a Stronger Golden State: Collaborate with other public and private groups and leaders to reform the structure and governance, and promote transparency, fiscal integrity, and responsiveness of our state government and intergovernmental system. »»»»» 2. RESOLUTION OF THE LEAGUE OF CALIFORNIA CITIES RAISING PUBLIC AWARENESS AND SUPPORTING TOUGHER LAWS RELATED TO INTERNET CRIMES AGAINST CHILDREN Source: San Diego County Division Referred To: Public Safety Policy Committee Recommendation to General Resolutions Committee: WHEREAS, technology has brought significant changes to our society over the past two decades, many of which have had a positive effect on our quality of life while some have threatened the safety and well- being of our young children; and WHEREAS, the internet has made victimization of children easier than ever before; and WHEREAS, the internet has also significantly increased the availability of child pornography, with more than 6.5 million images being shared via the internet , compared to only a few hundred photos less than a generation ago; and WHEREAS, some see viewing child pornography as a "victimless crime," however these images are never completely eradicated from the internet and the victims continue to have their horrific photos viewed over and over again by pedophiles for sexual gratification; and WHEREAS, in 2007 the National Center for Missing and Exploited Children reported it had identified 9.6 million images and videos of child pornography and believed there were millions more not identified; and WHEREAS, in the 2006 Butner Redux Study, 98 percent of convicted child pornographers had molested children before their capture; and WHEREAS, the United States is the number one producer and consumer of child pornography in the world, with more than 624,000 child pornography users identified nationwide. NOW THEREFORE BE IT RESOLVED by the General Assembly of the League of California Cities assembled at the Annual Conference in San Diego, September 7, 2012, that the League of California Cities: 1. Desires to increase public awareness and educate others about the critical issue of internet crimes against children statewide. 2. Requests the League advocate for the State Legislature to adopt tougher laws for child pornographers. 20 3. Requests the League advocate for additional and more permanent funding for Internet Crimes Against Children Task Forces (ICAC) statewide. ////////// Back2round Information on Resolution No. 2 Source: San Diego County Division Back2round: Technology has brought significant changes to our society over the past two decades. While most have had a positive effect on our quality of life, many have threatened the safety and well-being of our young children. The internet has made victimization of children much easier than ever before. Today, pedophiles can network with one another online, encourage one another to commit crimes against children, and share tips on evading law enforcement. Worse yet, they often use the internet — social media sites, in particular — to find and prey on young children. Many times, these innocent children are lured away from their homes by these perpetrators and never seen again. The internet has also significantly increased the availability of child pornography. More than 6.5 million child abuse images are being shared via the internet today. Before this technology was in place, the number of photos available numbered in the few hundreds. While some see viewing child pornography as a "victimless crime," nothing could be further from the truth. One study showed that 98 percent of convicted child pornographers had molested children before being captured (Butner Redux Study, 2006). Additionally, these images can never be completely eradicated from the internet once they are placed online. Therefore, victims continue to suffer the irrevocable damage of knowing their horrific photos are being viewed over and over again for sexual gratification by pedophiles. Many believe these horrendous crimes happen mostly in other countries. Sadly, the United States is the number one producer and consumer of child pornography in the world, and American children are the primary victims. More than 624,000 child pornography users have been identified nationwide and thousands of these reside in San Diego County. While the internet is exploited by these predators to harm children, it ironically is the same tool used by law enforcement to track down and arrest these criminals. Your help is urgently needed to secure resources for this effort, increase public awareness, work to support tougher laws and educate others on this critical issue. While San Diego has one of the nation's 61 ICAC task forces, its six trained investigators are overwhelmed with cases due to funding shortfalls. With your help, these predators can be taken off the street and our children will be safer. Here is what needs to be done: Change state law. The current "wobbler" (misdemeanor and felony) wording should be eliminated. All child pornography charges should be made a straight felony. Strengthen sentencing. State sentencing on child pornography cases needs to be more in line with 21 federal sentencing. Toughen discovery statutes. State discovery statutes should be amended to comply with the Adam Walsh Act. Child pornography is contraband that is easily reproduced and should be treated as such. Change pornography evidence rules. Stop the practice of giving copies of child pornography evidence to the defense. Instead, provide the defense a secure area where they can view the evidence but not take procession of it. Strike current law about possession/distribution of child pornography. Currently, state law allows for a defendant's conviction for possession and distribution of child pornography to be set aside if he/she has complied with all probation conditions, pursuant to Penal Code Section 1203.4. Strengthen disclosure laws. If applying for any job other than public office, licensure by any state or local agency, or for contracting with the state lottery, a convicted possessor of child pornography does not need to disclose their prior conviction. That allows people who have been convicted of possessing or dealing in photos of child exploitation to get closer to children. PC 1203.4 already has exceptions for convictions of PC 286(c), 288, 288a(c), 2813.5, 289m, felony 261.5(d) and 42001(b) of the Vehicle Code. These convictions may not be set aside per PC 1203.4 and must always be disclosed. PC 311.1, 311.2, 311.3, 311.4, 311.10 and 311.11 should be added to the list of charges to which this type of relief does not apply. Update reporting laws. The existing mandatory reporting law should be updated to include librarians and computer technicians. Provide permanent funding for ICAC. Significantly more permanent funding is needed for Internet Crimes Against Children Task Forces (ICAC's). They are tasked with investigating crimes against children involving electronic devices. The crimes include child pornography, child molestation and peer -to -peer bullying. ICAC task force's are severely undersized and underfunded to keep up with the magnitude of the growing problem. Increase public awareness. Public awareness of the issue needs be heightened particularly to parents and children as well as all public officials and the community in order to protect our children against these unspeakable crimes. ////////// League of California Cities Staff Analysis on Resolution No. 2 Staff: Dorothy Holzem, Assoc. Legislative Representative, (916) 658-8214 Committee: Public Safety Policy Committee Summary: This Resolution seeks to increase public awareness of the prevalence of internet crimes against children. To help promote this goal, the Resolution requests the League of California Cities advocate for legislation that creates tougher laws for child pornographers and provides additional, more permanent funding for Internet Crimes Against Children (ICAC) Task Forces. Background: According to the Resolution sponsors, the U.S. Census Bureau (2005) estimates that there are over 24.5 million internet users in the United States between the ages of 10 and 17. They cite that the rapid growth of internet accessibility has brought forth helpful tools for our children and youth. Unfortunately, it has also brought with it the increased potential for online victimization including unwanted exposure to sexual material, unwanted sexual solicitations, and online harassment. 22 The Internet Crimes Against Children (ICAC) Program was created to help federal, state and local law enforcement agencies enhance their investigative responses to offenders who use the internet, online communication systems, or computer technology to sexually exploit children. The program is funded by the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention. The program is a national network of 61 coordinated task forces representing over 3,000 federal, state, and local law enforcement and prosecutorial agencies. These agencies are engaged in proactive investigations, forensic investigations, and criminal prosecutions. In FY 2009, ICAC Program received $25 million under the Omnibus Appropriation Act to support ICAC task forces, training, and technical assistance. The ICAC Program received an additional $50 million through the American Reinvestment and Recovery Act to support ICAC task forces, training, technical assistance, and research. In each of the past two fiscal years, the program received $30 million nationally. Existing California law addresses the policy area extensively in the areas of solicitation, pornography, and harassment with additional penalties often levied when the victim is a minor less than 14 years of age. Internet -based crimes against minors have been a popular topic in recent legislative proposals especially as new web -based technology is brought into the market. Legislation has included both increased penalties and greater protections or remedies for victims. Fiscal Impact: Unknown. No direct fiscal impact to city general funds. Existing League Policy: Related to this Resolution, existing policy offers: The League believes that the children of California must be recognized as our state's most valuable resource. Their development, education, and well-being are key to our state's future. Further, it is essential that each child have the support needed to become a productive citizen in the world of the 21'` Century. The League supports the promotion of public safety through stiffer penalties for violent offenders. The League's Mission Statement is "to expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians." In addition, the Strategic Priorities for 2012, as adopted by the League Board of Directors, are to: 1) Support Sustainable and Secure Public Employee Pensions and Benefits: Work in partnership with state leaders and other stakeholders to promote sustainable and secure public pensions and other post -employment benefits (OPEBs) to help ensure responsive and affordable public services for the people of our state and cities. 2) Promote Local Control for Strong Cities: Support or oppose legislation and proposed constitutional amendments based on whether they advance maximum local control by city governments over city revenues, land use, redevelopment and other private activities to advance the public health, safety and welfare of city residents. 3) Build Strong Partnerships for a Stronger Golden State: Collaborate with other public and private groups and leaders to reform the structure and governance, and promote transparency, fiscal integrity, and responsiveness of our state government and intergovernmental system. »»»»» 23 5. A RESOLUTION CALLING FOR AN EMERGENCY MANAGEMENT MISSION FOR CALIFORNIA CITIES Source: League Public Safety Policy Committee Referred To: Public Safety Policy Committee Recommendation to General Resolutions Committee: WHEREAS, emergency management is a basic responsibility of city government and a fundamental duty of all city employees; and WHEREAS, prepared, disaster resilient communities save lives, prevent injuries, protect property, promote economic stability, and rapid recovery; and WHEREAS, employees who have a family plan and supplies will be more likely to stay at work or come to work after an emergency incident; and WHEREAS, the National Incident Management System (NIMS) provides guidelines and requirements to ensure a national coordinated emergency response system, including training requirements; and WHEREAS, the Standardized Emergency Management System (SEMS) provides the foundation for California cities to ensure a state-wide coordinated, standardized emergency response system. SEMS is intended to be flexible and adaptable to the needs of all emergency responders in California; and WHEREAS, emergency managers are responsible for promoting and encouraging personal, family and community preparedness and readiness. It is critical to focus on and support public education and training to ensure that the public understands that government entities may need time to recover from disaster situations, and to spread the message that disaster resilience, or the ability to recover from a disaster situation, requires participation from the whole community; and WHEREAS, The League of California Cities (League) recognizes that cities, counties and the state do not have the reserves to support residents with food, water, and other necessary supplies after an "emergency event". Now, therefore let it be RESOLVED, at the League General Assembly, assembled at the League Annual Conference on September 7, 2012, in San Diego, that the League encourages cities to actively pursue employee and resident emergency preparedness. In addition, the League encourages cities to actively engage residents in emergency preparedness programs that promote creating a family plan, including having supplies of food and water, in the promotion of self-reliance. ////////// League of California Cities Staff Analysis on Resolution No. 5 Staff: Dorothy Holzem, Assoc. Legislative Representative, (916) 658-8214 Committee: Public Safety Policy Committee Summary: This Resolution seeks to create a clear statement of support for emergency preparedness in the League of California Cities existing policy and guiding principles. Specifically, it requests that the League encourages cities to actively pursue employee and resident emergency preparedness and to engage residents in 24 emergency preparedness programs that promote creating a family plan, that includes provisions for supplies of food and water, in the promotion of self-reliance, with the ultimate goal of creating "disaster resilient" cities. Background: This resolution was brought to the Public Safety Policy Committee by that committee's Emergency and Disaster Preparedness Subcommittee to create a clear statement of support for emergency response, management, and recovery efforts as a community. While the League has extensive policy that supports related activities, there is no explicit statement of support in the existing policy or guiding principles. In addition, numerous articles in Western City Magazine, the League's monthly publication, have featured case studies and best practices about emergency response and disaster preparedness. This topic has been a key component of the Public Safety Committee's work program for the last five years. Fiscal Impact: Unknown. This Resolution does not seek to create new requirements for the League or cities. Possible costs to cities that take steps to educate community members about disaster preparedness could be off -set by future limited damage and loss of life or injury due to those preparedness efforts. Existine League Policy: Related to this Resolution, existing policy provides: The League supports the 2-1-1 California telephone service as a non- emergency, human and community services and disaster information resource. The League supports "Good Samaritan" protections that include both medical and non -medical care when applicable to volunteer emergency, law enforcement, and disaster recovery personnel. The League also supports providing "Good Samaritan" protections to businesses that voluntarily place automated external defibrillators (AEDs) on their premises to reduce barriers to AED accessibility The League supports activities to develop and implement statewide integrated public safety communication systems that facilitate interoperability and other shared uses of public safety spectrum with local state and federal law enforcement, fire, emergency medical and other public safety agencies. The League supports a single, efficient, performance -based state department (the California Emergency Management Agency) to be responsible for overseeing and coordinating emergency preparedness, response, recovery and homeland security activities. The League supports disaster recovery legislation that includes mitigation for losses experienced by local government. The League's Mission Statement is "to expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians." In addition, the Strategic Priorities for 2012, as adopted by the League Board of Directors, are to: 1) Support Sustainable and Secure Public Employee Pensions and Benefits: Work in partnership with state leaders and other stakeholders to promote sustainable and secure public pensions and other post -employment benefits (OPEBs) to help ensure responsive and affordable public services for the people of our state and cities. 2) Promote Local Control for Strong Cities: Support or oppose legislation and proposed constitutional amendments based on whether they advance maximum local control by city governments over city revenues, 25 land use, redevelopment and other private activities to advance the public health, safety and welfare of city residents. 3) Build Strong Partnerships for a Stronger Golden State: Collaborate with other public and private groups and leaders to reform the structure and governance, and promote transparency, fiscal integrity, and responsiveness of our state government and intergovernmental system. »»»»» RESOLUTION REFERRED TO REVENUE AND TAXATION POLICY COMMITTEE ♦1 A RESOLUTION CALLING UPON THE GOVERNOR AND LEGISLATURE TO ENACT LEGISLATION THAT WOULD CORRECT INEFFICIENCIES IN THE AUDIT SYSTEM, DISTRIBUTION SYSTEM AND INEQUITIES IN THE FORMULAS FOR DISTRIBUTING COURT ORDERED ARREST AND CITATION FINES, FEES AND ASSESSMENTS GENERATED BY LOCAL GOVERNMENT. Resolution #1 also referred to Public Safety Policy Committee. Please see Public Safety Policy Committee section for the resolution, background and staff analysis information. 26 EETING DATE: COMMUNITY DEVELOPMENT COMMISSION HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AGENDA STATEMENT August 7, 2012 AGENDA ITEM NO. 29 ITEM TITLE: Report and a request to approve a "Smoke -Free Policy" at the Kimball Tower and Morgan Tower located at 1317 D Avenue and 1415 D Avenue. PREPARED BY: Alfredo Ybarra PHONE: 619 336-4279 EXPLANATION: DEPARTMENT: Housing an APPROVED BY:,Z_-. On June 19, 2012, the CDC -HA requested staff to report back to City Council on exploring the possibility of implementing a smoke -free policy at Kimball and Morgan Towers located at 1317 D Avenue and 1415 D Avenue, respectfully. The attached report provides information on smoke -free housing and alternate policy choices to implement a smoke -free policy. Staff has provided a recommendation for consideration by the CDC -HA with alternatives outlined in the report. If the CDC -HA elects to implement a smoke -free policy, staff request guidance from the CDC -HA as to whether to accept staff recommendation, choose one of the alternatives provided, or other policy direction deemed necessary by the CDC -HA. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A1 ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve staff recommendation to implement a smoke -free policy as outlined in the background report. BOARD / COMMISSION RECOMMENDATION: -TACHMENTS: Background Report Kimball/Morgan Tower Smoke Free Housing Policy Background Report On September 15, 2010 the federal Department of Housing and Urban Development (HUD) Multi -Family Housing section issued a Notice in which they encouraged owners and management agents of HUD Multi -Family Housing rental assistance programs, such as Kimball Tower and Morgan Tower, to adopt and implement smoke -free policies for some or all their properties. It is well documented that cigarette smoking and related secondhand tobacco smoke together are the number one cause of preventable disease in the United States. Because exposure to any amount of secondhand smoke can be hazardous and smoke migrates between units in multifamily/senior housing, HUD is encouraging owners and public housing authorities to implement smoke -free housing policies and programs. In Sacramento, State of California legislators have also passed Senate Bill 332 which states: Beginning January 1, 2012, a residential landlord can prohibit the smoking of cigarettes and other tobacco products on the property, including any dwelling unit, building, other interior or exterior area, or the premises on which the property is located. For new tenants on or after January 1, 2012, the areas where smoking is prohibited must be stated in the lease or rental agreement. For preexisting tenants before 2012, a new provision prohibiting smoking is a change in the terms of tenancy that requires adequate written notice. It is important to note that the new law doesn't force California landlords to prohibit smoking in their buildings, but it gives them the choice to make their properties smoke - free. The new law allows landlords to incorporate those restrictions directly into the terms of the lease, arguably making them more enforceable. The U.S. Surgeon General has warned that breathing secondhand smoke for even a short time is dangerous. Children, the elderly and disabled, and low-income and other disadvantaged individuals and families are the most likely to suffer from breathing secondhand smoke. Secondhand smoke causes heart attacks and lung cancer and it makes asthma worse. The Community Development Commission- Housing Authority (CDC -HA) may direct the property management company to update their residential leases as annual leases are renewed. Leases may prohibit smoking not only inside each apartment, but from the surrounding common areas as well. If a smoke -free policy is implemented by the CDC - HA, the property management company will notify tenants where smoking is prohibited in an apartment complex. With respect to existing leases, landlords must comply with all federal, state, and local requirements that pertain to changing the terms of a rental agreement or lease. Staff Recommendation Because of all of the inherent risks of smoking in or near residential properties, staff recommends that CDC -HA direct staff to implement a smoke -free policy at Kimball and Morgan Towers. If directed, staff will direct the property management to institute a smoke -free policy as annual leases are renewed. The smoke -free policy would prohibit smoking in all of its units and common areas at Kimball and Morgan Towers as of September 1, 2013. A twelve (12) month notice will be provided to each apartment tenant at Kimball Tower and Morgan Tower notifying them that their building will be smoke -free by the 1 year anniversary date and that if they wish to remain in the building, they will have to abide by the new policy. The one-year target date is going to be at least one year from the date the most recent lease expires. The twelve month notice will include information to current tenants including: 1. The CDC -HA would be glad to have them remain in the building as long as they agree not to smoke. 2. Information on the American Lung Association Lung HelpLine which provides comprehensive lung health information, disease counseling, and a proactive tobacco cessation program for individuals. 3. The smoke -free policy will apply to any new tenants. 4. Reasons will be provided to tenants that will include a combination of health, safety and business concerns, such as: • Protecting tenants from secondhand smoke. • Reducing the danger of fires. • Reducing maintenance, cleaning and redecorating costs. • Saving on insurance. • Capitalizing on consumer demand for smoke -free units. Any new development/expansion will be smoke free (no smoking on the premises during construction or thereafter once occupancy occurs). All property management staff and Housing Authority/City staff would be prohibited from smoking on the properties including grounds, units, offices, and non-residential building, common areas, et. al. effective September 1, 2012 (subject to meet and confer). Other Alternatives Alternatively, the CDC -HA may direct staff to implement one of the following: 1. Grandfather in existing tenants and property management staff that smoke. The rule would allow existing tenants to continue to smoke in their apartments until such time they no longer reside in the unit, but not in common areas, balconies, or anywhere else on the property. Any new tenant would be subject to the smoke- free policy rule. If the CDC -HA elects this route, it may take several years before the CDC -HA can declare a building smoke -free, or 2. Impose an immediate smoke -free policy (30 day notice) within the apartments and common areas. No specific area on the property will be set aside for smokers, or 3. Impose the smoke -free policy within the apartments and common areas, but allow smoking on a specific part of the property. The CDC -HA is under no obligation to provide an outdoor smoking area, although this may help keep tenants from using adjacent properties for smoking. Leases would have to specify where smoking is allowed. A disadvantage of providing such an area is the difficulty of keeping it clean. The designated area for smoking would have to provide with sturdy ash containers, heavy enough not to be stolen. We could provide a picnic table or a special structure that resembles a bus shelter, designed specifically for smoking, or 4. The CDC -HA may choose not to implement,a smoke -free policy at all and allow the status quo to continue. Enforcing the policy The smoke -free policy would be enforced as any other violations of rules, such as throwing loud parties or parking in prohibited areas. The property management will issue one or two warnings before they evict someone for breaking the lease. The smoke -free policy rule must be spelled out in the lease to have legal grounds for an eviction. If the policy leads to an eviction through a court of law, the property management staff may have a difficult time demonstrating just cause. Smoke Free Policy Benefits Establishing a smoke -free policy entails some effort. But it should also provide many benefits. Property management staff will no longer be subject to tenants' complaints about their neighbors' smoking. CDC -HA staff and property management staff will have the satisfaction of knowing we are protecting the health of residents, particularly those with allergies or heart or lung ailments. Property staff will not have to face the cost of redecorating units whose windows coverings or walls are streaked with cigarette tar. The buildings will smell fresher and cleaner while appealing more to current renters and prospective tenants who walk in the door. ITEM #30 8/7/12 UPDATE ON NEIGHBORHOOD SERVICES CODE ENFORCEMENT AND PARKING REGULATIONS STAFFING (NEIGHBORHOOD SERVICES) ITEM #31 8/7/12 CLOSED SESSION REPORT (CITY ATTORNEY) ITEM #32 8/7/12 REPORT ON EMPLOYEE PICNIC AT PEPPER PARK (COUNCIL INITIATED)