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HomeMy WebLinkAbout2013 04-02 CC HA AGENDA PKTRON MORRISON Mayor LUIS NATIVIDAD Vice Mayor JERRY CANO Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City, CA 91950 619-336-4300 Meeting agendas and minutes available on web WWW. NA TIONALCITYCA. GOV AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, APRIL 02, 2013 - 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Sessions begin at 5:00 p.m. or such other time as noted. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or irrelevant. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. 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 CC/CDC Agenda 4/2/2013 — Page 2 to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretaci6n en espanol se proporciona durante sesiones del Consejo Municipal. Los audi6fonos est6n disponibles en el pasillo al principio de la junta. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. CC/CDC Agenda 4/2/2013 — Page 3 OPEN TO THE PUBLIC CITY COUNCIL / COMMUNITY DEVELOPMENT COMMISSION AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC ORAL COMMUNICATIONS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS PRESENTATIONS 1. Volunteer Recognition Award - Eva Caligagan (Community Services) INTERVIEWS l APPOINTMENTS CONSENT CALENDAR 2. Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of March 19, 2013. (City Clerk) 3. Resolution of the City Council of the City of National City approving an encroachment permit and agreement with Ron Baker Chevrolet for the installation and maintenance of a structural awning at the main entry to the dealership showroom located at 2301 National City Boulevard. (Engineering) 4. Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of the residence at 1812 Wilson Avenue. (TSC 2013-05) (Engineering) 5. Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of the residence at 129 S. Kenton Avenue. (TSC 2013-04) (Engineering) 6. Resolution of the City Council of the City of National City acceptng an easement for sidewalk and wall purposes from Mario Reyes and Cecilia Reyes and authorizing the recordation of a Sidewalk and Slope & Wall Easement over a portion of Lot 1 of Map 14619, Parcel Number 557-180- 35. (Engineering) CC/CDC Agenda 4/2/2013 — Page 4 7. Resolution of the City Council of the City of National City authorizing the acceptance of the FY 2012 Operation Stonegarden grant in the amount of $37,086 and authorizing the Chief of Police to execute Amendment No. 2 to the Agreement for the award of the grant funds, and appropriating funds in the amount of the grant for the reimbursement of overtime, fringe benefits and mileage for programmatic operations. (Police) 8. Warrant Register #35 for the period of 02/20/13 through 02/26/13 in the amount of $1,391,557,13. (Finance) 9 Warrant Register #36 for the period of 02/27/13 through 03/05/13 in the amount of $2,715,968.02. (Finance) 10. TEMPORARY USE PERMIT -National City Cinco De Mayo Mariachi Festival and Competition at Pepper Park on April 27, 2013 at Pepper Park with request for waiver of fees. (Neighborhood Services) PUBLIC HEARINGS ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 11. Resolution of the City Council of the City of National City amending the salary schedule for the Part -Time and Seasonal employee group to include the creation of a salary range for the part-time Property and Evidence Specialist I classification. (Human Resources) 12. Resolution of the City Council of the City of National City authorizing the Mayor to amend the City's current contract with Moynahan's Towing and A to Z Enterprises DBA Road One Towing, to increase fees per section 3.5 Re -Opener Clause - Fee Schedule. The recommendation is to raise a basic tow to $190, a medium tow to $210 and storage fee to $48 per day. The tow contractors also agree to decrease the Victim and Witness investigative tow fees to $75. (Police) 13. Resolution of the City Council of the City of National City authorizing budget adjustments by approving increases of the Liability Insurance Fund revenue budget and Liability Claim Cost appropriation and establishment of a General Fund Post revenue budget and appropriation for Police Department Post Training, Travel & Subsistence and ratifying increases of the General Fund Donation revenue budge and Independence Day Fireworks appropriation in relation to a donation accepted from the Sycuan Band of the Kumeyaay Nation. (Finance) CC/CDC Agenda 4/2/2013 — Page 5 14. Resolution of the City Council of the City of National City in support of Assembly Bill 981 - Bloom (AB 981) related to the use of redevelopment bond proceeds. (City Manager) NEW BUSINESS 15. Notice of Decision - Planning Commission approval of a Conditional Use Permit for a martial arts school at 340 West 26th Street, Suite G & H. (Applicant: Leticia Ribeiro Dos Santos) (Case File No. 2013-05 CUP) (Planning) 16. Notice of Decision - Planning Commission approval of a Conditional Use Permit to add two gasoline pumps at an existing gas station located at 10 Osborn Street. (Applicant: Adeeb Eddy Brikho) (Case File 2013-06 CUP) (Planning) 17. Report on the San Diego Regional Enterprise Zone 2012 Voucher Activity Report. (Housing and Grants) 18. City Council Review of Proposed Updates to the City Council Policy Manual (Chapter 100 Policies). (City Manager/City Attorney) 19. DISCUSSION: Draft resolution supporting a reasonable and humane approach to reforming the currently broken immigration system. (City Manager and City Attorney) COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY 20. PUBLIC HEARING: Community Development Commission - Housing Authority of the City of National City approving the Public Housing Agency Plan (PHA) for Fiscal Year 2013, and the Section 8 Administrative Plan for Fiscal Year 2013; and authorizing the submittal of the PHA Plan and the Administrative Plan to the U.S. Department of Housing and Urban Development. (CDC -Housing Authority of the City of National City) NON CONSENT RESOLUTIONS- HOUSING AUTHORITY 21. Resolution of the Community Development Commission - Housing Authority of the City of National City approving the revisions to the Section 8 Administrative Plan, and authorizing submittal of the Plan to the U.S. Department of Housing and Urban Development. (CDC - Housing Authority of the City of National City) 22. Resolution of the Community Development Commission - Housing Authority of the City of National City approving the Public Housing Agency Annual Plan (PHA) for Fiscal Year 2013, and authorizing the submittal of CC/CDC Agenda 4/2/2013 — Page 6 the Plan to the U.S. Department of Housing and Urban Development. (CDC - Housing Authority of the City of National City) NEW BUSINESS- HOUSING AUTHORITY STAFF REPORTS 23. Report - Board & Commission Attendance Records. (City Clerk) MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Adjourned National City Council/Community Development/Housing Authority of the City of National City Meeting - Strategic Planning and FY 2013-2014 Budget Workshop - Tuesday, April 9, 2013 - 6:00 p.m. - Council Chambers - National City, California. Regular City Council/Community Development/Housing Authority of the City of National City Meeting - Tuesday - April 16, 2013 - 6:00 p.m. - Council Chambers - National City, California. ITEM #1 4/2/13 VOLUNTEER RECOGNITION AWARD - EVA CALIGAGAN (COMMUNITY SERVICES) Item # 2 04/02/13 APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF MARCH 19, 2013. (City Clerk) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2013 AGENDA ITEM NO. 3 ITEM TITLE: Resolution of the City Council of the City of National City approving an encroachment permit and agreement with Ron Baker Chevrolet for the installation and maintenance of a structural awning at the main entry to the dealership showroom located at 2301 National City Boulevard PREPARED BY: Stephen Manganiello, City Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering 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 1 COMMISSION RECOMMENDATION: N/A 4TTACHMENTS: 1. Explanation 2. Encroachment Agreement 3. Resolution EXPLANATION Ron Baker Chevrolet, located at 2301 National City Boulevard, has currently been upgrading the interior and exterior of the building. There are several active permits for construction on the site. A recent submittal for the site is to improve the appearance of the main entry to the showroom floor along National City Boulevard. Part of the new entry design is an over hanging structural awning to allow for more architectural flair and identify the main entry. The design of the awning will cause a portion of it to encroach over the right-of-way of National City Boulevard. The owner is requesting that the City of National City enter into an Encroachment Permit Agreement to allow for the installation of the structural awning. The awning will project three feet two inches (3'2") into the right-of-way at a height of nine feet (9'0") from the ground to the bottom of the awning. The awning is sixteen feet eight inches (16'8") wide and one foot (1'0") tall. RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN ENCROACHMENT PERMIT AND AGREEMENT WITH RON BAKER CHEVROLET FOR THE INSTALLATION AND MAINTENANCE OF A STRUCTURAL AWNING AT THE MAIN ENTRY TO THE DEALERSHIP SHOWROOM LOCATED AT 2301 NATIONAL CITY BOULEVARD WHEREAS, Ron Baker Chevrolet, located at 2301 National City Boulevard, has currently been upgrading the interior and exterior of the building; and WHEREAS, to improve the appearance of the main entry to the showroom floor along National City Boulevard, there will be an overhanging structural awning to allow for more architectural flair to identify the main entry; and WHEREAS, because the design of the awning will result in a portion of it encroaching over the right-of-way on National City Boulevard, an Encroachment Permit Agreement is required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an Encroachment Permit and Agreement with Ron Baker Chevrolet for the installation and maintenance of a structural awning at the main entry to the dealership showroom located at 2301 National City Boulevard. Said Encroachment Permit and Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of April, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney ENCROACHMENT PERMIT AND AGREEMENT (Commercial) The City Of National City hereby grants an Encroachment Permit to the undersigned, RON BAKER CHEVROLET ( hereinafter referred to as "OWNER"), in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code. OWNER is the owner of that certain real property described in the attached Exhibit "A", or is an owner of personal property that is proposed to be installed in the public right-of-way or other public property of the City of National City, County of San Diego, State of California. The OWNER, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain certain personal property or a building, facility, or other structure (hereafter designated from time to time as an "encroachment") within or upon a CITY easement, property, or right-of-way for the use and benefit of OWNER'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of OWNER'S encroachment is described in Exhibit "B", attached. FEE: $490.00 The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. Upon notification in writing by the City Engineer, the above described encroachment shall be abandoned, removed, or relocated by OWNER at the owner's sole expense. 2. The said encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk, and responsibility of OWNER and any successor in interest, who shall hold CITY harmless with respect thereto. 3. This Permit and Agreement, when made for the direct benefit of OWNER'S land or property described above, and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail to remove or relocate the encroachment herein permitted within thirty (30) days after notice of removal or relocation from the CITY, CITY may cause such removal or relocation to be done at OWNER's sole cost and expense, which shall be a lien upon said land. A copy of this Encroachment Agreement shall be recorded against any real property of the owner's that is hereby benefited by the encroachment. Upon request by CITY, PERMITTEE shall record this Encroachment Agreement with the County of San Diego, County Recorder's Office, and upon recordation shall return the original to the CITY. 4. OWNER 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 out of Owner's entry upon and use of City's easement or right-of-way for the installation, maintenance, and use of the owner's encroachment. 5. OWNER and each successor in interest or assign shall take out and maintain, during the time the encroachment remains on CITY's easement or right-of-way, commercial general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Encroachment 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 -1- provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Encroachment Agreement, OWNER shall furnish CITY a certificate of insurance with original endorsements evidencing the coverage required by this section. Should owner fail to do so, City may elect to obtain such coverage at OWNER'S expense or immediately terminate this Agreement. 6. The full terms and conditions under which this Encroachment Permit is issued are further set forth in Chapter 13.12 of the National City Municipal Code, which terms OWNER hereby specifically acknowledges and agrees to. Owner also acknowledges that those terms and conditions include, without limitation, the following: a. The City reserves the right to charge the Owner "fair and reasonable" compensation for the use of CITY property retroactive to the date of construction or installation of the encroachment. b. The CITY can require the removal, relocation, or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer at owner's expense. 7. This encroachment Permit is not valid and confers no rights to install and maintain an encroachment until it is accepted by the Owner. DATED: tM. .-C4..‘ 1 `f 20 13 CITY OF NATIONAL CITY PERM ITEE: Ron Morrison, Mayor Entity/C (OA' Nyvkt,.i- �1/471 to eN� k Name & Title 5tnr,c6le V% VCA t • .3.6•�:A+ ATTACH NOTARY CERTIFICATIN FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. pant Signature PERMITTEE/APPLICANT INFORMATION: irk Person in Responsible Charge 8 3— 5-Z7— 0818 24/7 Phone Number Name Mailing Address: 1-79G,o Sre_vZ(U Ga `1Z(2-, PLAT SHOWING LOCATION OF STRUCTURES, EASEMENT, OR RIGHT-OF-WAY, AND SEWER AND/OR DRAINAGE FACILI I1ES: SEE EXHIBIT "B", ATTACHED 2 Encroachment Penn it and Agreement (Commercial)) -2- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of tf gm NI On /Tu1. /1L Dale 24/3 personally appeared before me, } Hem Insert Name and Tile olF4Ke Officer �temete) of Signers) � �GYUIN CHOI ✓) COMM. #1985480 rn > :3 Notary Public-Califomla 2. r, i41 SAN DIEGO COUNTY - . My Comm. Ex . AUG 1642016 E Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ishir9 subscribed to the within instrument and acknowledged to me that he/sbeAFtey-executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), 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 hand and official seal. Signature OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: 64-11 Cran c4 ea,/ Document Date: Signer(s) Other Than Named 'Above: Capacity(ies) Claimed by Signer(s) Signer's Name:' a ``�'�"' Lty ❑ Individual corporate Officer Title(s): PY°4' Wand. ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 6aKFr nCAevy4.Jef RIGHTTHUM SPRINT OF SIGNER Top of thumb here Number of Pages: Signer's Name: 0 Individual 0 Corporate Officer — Title(s): ❑ Partner —0 Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: RIGhITTHUh16PRfNT OE SIGNER Top of thumb here -3- .HU• ♦Y VY i Y 4 W4 ♦L-tv ... 3��.xasca114{S{......, PltomTCF3i F'ERATED MUTUAL INSURANCE COMPANY Horne Office: P.O. Box 528 Owatonna, MN 55080 Phone: 1-888.333- 4049 Ca 1.TR RON BAKER CHEVROLET (A CORP) 2301 NATIONAL CITY BLVD NATIONAL CITY CA 91950 tr z��• 4.7Pqr THIS Cth11FICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE cERTlFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER TTM COVERAGE AFFORDED BY THE POLUCtES 17 OW. COMPATIMS AFFOROLNG COVERAGE mammy FlIDERATE0MUTUALINSURANCECOMPANY OR A FEDERATED SEF ICE INSURANCE COMPANY CoMPPANY CQRtPANY D t���Sl: (f1� �. • v�..� Yl� • �I Yt Te116 Is TO CERTIFY THAT THE POUClE,s OF INSURANCE LISTED HELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PBOOD INDICATE. NOTWITHSTANDING ANY FIEOMIIMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFCCATE MAY BE IBSUFA OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE Tom. EXCLUSIONS AND CONIRTIONs OF SUCH POLICES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE Miley DIANATIdN PATkBMPWVY1 MTE4UWOO1TY1 TYPE Of wOuRAINIE MENSAL UAP U1Y COMMERCIAL G@NRAL IINNOTY 1 CLAIMS MADE El occult OWNER'S s CONTRACTQR'H PRE T Au ONCO IE HAMMY ••-- ANY AUTO ALL OWNER AUTOS SCHEDULED AUTOS HIRED AUTOS NoN.owNPD AUTOS JOINS& UAEUIT A X UMBRELLA FORM OTIEtTHAN UMW U.AFORM WORMING CMODINATION ARO THE PROAUTT4fl! PAmP RNCRDERECLE VE OMENS ARE: OF9CNPT10TT Of gosemossiLOCATIONNvEmalmsHEIAL TOM CINFTIFICATEHOLCOR IS AN emeneaDMISSUR32 FOR NARA= OMOiree. r (S iyC'��•(yyu K3rn jcj"/,�Jy-fir fp is CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY CA 919544301 09/01/13 09/01/13 UMfl GENERAL AGUES/OE PERSONAL & ACV INJURY ARE DAMAGE ?Ay DADS Ter SOINIY GozoM DAIRY HOO1LY DRAY seeMerat AUTO OILY - £A ACcDP►TT OTHER THAN AUTO ONLY: EACH ACCmiNT ADVOCATE IACN DCOUNARIK`E AMIREGATE TTOrtYsrLA I I EL EACH A 'c ft • # • 1,000,000 410,000.000 •10.000,000 # C �v�a.niHR • DIEWS MPt OF THE A O A mom= Mums OE iMNOMAI4 BEFORE THE oHeminON DATE Tomato, TOE MUMS CODPANY NIR.I. ENDEAVOR TO IMAA. in_ rays WWTTHN RQTICR TO He cv Tl CATS RDLL9t wow To THE igT. Off MAME TO MAR CVCN NOTICE SHAG. IMPOSE NO O JOATION 01 UMMITY OF ANY Ism WON TIME COMPANY. ITS AGENTS an AAA AUTNOROMI REPRESEMATIVe -4- a fleas 1110,11 1 Ft'rrli c )%t: rind) Copy - t�;ri,. L51 t,{ forn-tal may vEir tom original. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT This endorsement ntm lies insure provided under the following: GARAGE COVERAGE PART INSURED: RON BAKER CHEVROLET (A CORP) 2301 NATIONAL CITY BLVD NATIONAL CITY CA 91950 1. WHO IS AN INSURED tor'bodtiy injury" and "property damage" liability is amended to indude the Additional Insured specified below but only with respect to liability ping out of your operations or premises owned by or rented to you. 2. The insurance does not apply to "bodily injury' or 'property damage" liability arising out of the sole negligence of the Additional Insured named below. 3, WA agree to natty the Additional Insured named below at the address stated below of any canceltadas of, or material change to, this policy. Relationship of the Additional insured to the Insured: ANY COVERAGE PROVIDED BY THIS ENDORSEMENT APPLIES ONLY WITH RaPECT TO THE OVERHANG ATTACHED TO NAMED INSUREDS PREMISES AS IT RELATES TO CERTIFICATE HOLDER. FEDERATED MUTUAL INSURANCE COMPANY Home Office 121 East Park Square Owatonna, MN 65060 (507) 465-5200 Additional Insured Nam and Address: THE CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950 Includes copyrighted material of insurance Services Office, Inc. with Its permission. CA-F-75 (05-92) Poky Number 9024321 Transaction Effective Data: 03-19-2013 -5- 20'-61/4" 4 -10" 4'-(r i 8-" 1 r END VIEW ti: au.70eE 6 xth 22'-0" 8-4" AD i WI trd ti 30'-0" 1 it II (MOUNTING RANGE) W-0" - 1r-01 16'-e" 28-0" ((Tot) FRONT VIEW r geir, 1 c D A EXF' r1T A AREA OF ENCROACHMENT BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 1 OF BLOCK 1 OF MAP 26 IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA RECORDED IN THE OFFICE OF THE COUNTY RECORDER ON OCTOBER 7, 1914 THENCE N18°15'30"W ALONG THE EASTERLY LINE OF NATIONAL CITY BOULEVARD A DISTANCE OF 65.42 FEET TO THE TRUE POINT OF BEGINING THENCE LEAVING THE EASTERLY LINE OF NATIONAL CITY BOULEVARD S71°44'30"W A DISTANCE OF 5.0 FEET THENCE N18°15'30"W A DISTANCE OF 25.50 FEET THENCE N71°44'30"E A DISTANCE OF 5 FEET TO A POINT IN THE WESTERLY LINE OF LOT 5 OF HAMANN SUBDIVISION, MAP 2077 IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA RECORDED IN THE OFFICE OF THE COUNTY RECORDER ON NOVEMBER 21, 1927 THENCE S18°15'30"E A DISTANCE OF 25.50 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT B -7- _1 CD (NATIONAL) NATION 221112 ST 10 2 3.52 3 8 AC. 7 5 M 26 T CLOS 1 ` 20 19 - 3 18 4 17 5� 16 6 15 _ 7'' 14 - 8 1---•13 9 12 10', 24 b ST 5D (s5,Mr "PORT 10rJ PoRT10+J NIAP Z6 LOTI DETAIL A EXHIBI8- T B CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2013 AGENDA ITEM NO. 4 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of the residence at 1812 Wilson Avenue (TSC 2013-05). PREPARED BY: Stephen Manganiello, City Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering APPROVED BY: 4? 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 March 13, 2013 the Traffic Safety Committee approved the staff recommendation to install a blue curb handicap parking space with sign in front of the residence at 1812 Wilson Avenue ATTACHMENTS: 1. Explanation 2. Resolution 3. Staff Report to the Traffic Safety Committee on March 13, 2013 (TSC 2013-05) Explanation Mr. Reynaldo Ramirez, resident of 1812 Wilson Avenue, has requested a blue curb handicap parking space in front of his home due to physical limitations. The residence is located near the southwest corner of Wilson Avenue and W. 18th Street. Mr. Ramirez has a valid disabled person's placard and license plates from the California Department of Motor Vehicles. Staff inspected the site, acquired measurements, and took photographs. Mr. Ramirez's residence does not have a driveway or garage. The available curbside parking directly in front of his residence between the neighboring driveway apron to the north and estimated southerly projected property line is approximately 24 feet in length and is adequate for only one parallel parking space. Currently, there are two diagonal blue curb handicap parking spaces located east of Mr. Ramirez's residence on Harding Avenue, just south of W. 18th Street next to St. Anthony of Padua Catholic Church. 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 or placard 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 or properly displayed placards may park in handicap spaces. 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 1812 Wilson Avenue. At their meeting on March 13, 2013, the Traffic Safety Committee voted unanimously to approve the staff recommendation. All work would be completed by City Public Works. RESOLUTION NO. 2013 — 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 1812 WILSON AVENUE 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 his home at 1812 Wilson Avenue; 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 March 13, 2013 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 1812 Wilson Avenue. PASSED and ADOPTED this 2nd day of April, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MARCH 13, 2013 I�� El i NO 2013-05 ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 1812 WILSON AVENUE (BY R. RAMIREZ) PREPARED BY: Kenneth Fernandez, EIT DISCUSSION: Mr. Reynaldo Ramirez, resident of 1812 Wilson Avenue, has requested a blue curb handicap parking space in front of his home due to physical limitations. The residence is located near the southwest corner of Wilson Avenue and W. 18th Street. Mr. Ramirez has a valid disabled person's placard and license plates from the California Department of Motor Vehicles. Staff inspected the site, acquired measurements, and took photographs. Mr. Ramirez's residence does not have a driveway or garage. The available curbside parking directly in front of said residence between the neighboring driveway apron to the north and estimated southerly projected property line is approximately 24 feet in length and is adequate for only one parallel parking space. Currently, there are two diagonal blue curb handicap parking spaces located east of Mr. Ramirez's residence on Harding Avenue, just south of W. 18t Street next to St. Anthony of Padua Catholic Church. 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 or placard 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 or properly displayed placards may park in handicap spaces. -1- 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 1812 Wilson Avenue. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 4. Disabled Persons Parking Policy 2013-05 -2- Petir oi4-1 ]isis ricildomirz,Iynoi handicap 9.ercin, in fix tfririst nitteotiZ • wail :T/rki (Sing if • • thc ON CM hcip int b‘i painiin9 the &int Ord- - tif pytypit am' pvitill tip a hciriclirtie si9n.1111111110i ---LOMMOMPOIMIMIPION.11. hex hOnip1fre4.pki1vt • cflwals stymie finding Q in %fit dml -Wit .rwat hatz , SO firth rVaSlal. 41 1M .am 9 Frlf hrl rhis is The reacun will r help 'ail mot itte cal Crbid it cid Mt. book yapf. * feyntdo‘ r \\NA.1 Ncirps , MA-7/0 PAL C17 (A 9 icist REMOVE FROM MIRROR = • ' *i' ARNING: The illegal use of a disabled parking placard could result in a maximum line of $4,200." Li 040506 PURCHASE OF FUEL & Protcssions Conn I3G(Ol Slate law requires e.ervice stations to retuel a die:dace person's vehicle al sell-senvicerate:. except al service Iacdales with only one employee on duty -4- TYPE: N1 TV:92 DOB: 05/27/1966 ISSUED TO RAMIREZ REYNALDO 1612 WILSON AVE 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. • DEPARTMENT OF MOTOR VEHICLES DISABLED PERSON PLACARD IDENTIFICATION CARD/RECEIPT PLACARD NUMBER: D040506 EXPIRES: 06/30/2013 DATE ISSUED: 03/18/2011 This identification card or facsimile copy is to be carried by the placard owner. Present it to any peace officer upon demand. Immediately notify I)IvIV by mall of any change of address. When parking, hang the placard from the rear view mirror, remove it from the mirror when driving. When your placard is properly displayed, you may park In or on: CO: 37 ' Disabled person parking spaces (blue zones) ' Street 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 or on: ' Red, Yellow, White or Tow Away Zones. ' Crosshatch marked spaces next to disabled person parking spaces. It is considered misuse to: * Display a placard unless the disabled owner is being transported. • . • Display a placard which has been cancelled or revoked. Loan your placard to anyone, including 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. OM MiOOC RwN/fo) -5- CU el CO C, O 14 1812 Wilson Ave, location of proposed blue curb (looking south) 1812 Wilson Ave, residence without driveway or garage (looking west) -7- 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. -s- 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. -9- (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 -10- CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2013 AGENDA ITEM NO. 5 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of the residence at 129 S. Kenton Avenue (TSC 2013-04). PREPARED BY: Stephen Manganiello, City Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering APPROVED BY: .4e ? 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 March 13, 2013 the Traffic Safety Committee approved the staff recommendation to install a blue curb handicap parking space with sign in front of the residence at 129 S. Kenton Avenue ATTACHMENTS: 1. Explanation 2. Resolution 3. Staff Report to the Traffic Safety Committee on March 13, 2013 (TSC 2013-04) Explanation Mr. Michael Bailey, resident of 129 S. Kenton Avenue, requested a blue curb handicap parking space in front of his home due to physical limitations. The residence is located mid -block on the east side of S. Kenton Avenue between Division Street and E. 4th Street. Mr. Bailey has a valid disabled persons placard from the California Department of Motor Vehicles. Staff met with Mr. Bailey on -site to determine whether or not his driveway or garage could accommodate his vehicle and provide ADA access. His primary vehicle is a Chevrolet Suburban which was measured at just over 18 feet in length. Mr. Bailey's garage is more of a storage shed and cannot accommodate parking and accessibility for Mr. Bailey. Mr. Bailey's driveway was measured at just under 20 feet in length. A minimum of 4 feet of clearance is required by ADA. Since Mr. Baily's vehicle is just over 18 feet in length, the driveway would need to be a minimum length of just over 22 feet to accommodate parking and ADA access. Based on the site evaluation staff has determined that accessible parking is not available on the property. Currently, there is an existing handicap parking space located nearby in front of 324 S. Kenton Avenue. However, per the City Council Disabled Persons Parking Policy, since the total number of on -street handicap parking spaces (including the proposed handicap parking space in front of 129 S. Kenton Avenue) would not exceed 3% of the total number of available on -street parking spaces in the area, Mr. Bailey's request is eligible for further consideration. 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 or placard 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 or placards may park in handicap spaces. 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 129 S. Kenton Avenue. At their meeting on March 13, 2013, the Traffic Safety Committee voted unanimously to approve the staff recommendation. All work would be completed by City Public Works. RESOLUTION NO. 2013 — 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 129 SOUTH KENTON AVENUE 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 his home at 129 South Kenton Avenue; 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 March 13, 2013 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 129 South Kenton Avenue. PASSED and ADOPTED this 2nd day of April, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MARCH 13, 2013 1'1EM NO. 2013-04 ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 129 S. KENTON AVENUE (BY M. BAILEY) PREPARED BY: Kenneth Fernandez, EIT DISCUSSION: Mr. Michael Bailey, resident of 129 South Kenton Avenue, has requested a blue curb handicap parking space in front of his home due to physical limitations. The residence is located mid -block on the east side of S. Kenton Avenue between Division Street and E. 4th Street. Mr. Bailey has a valid disabled persons placard from the California Department of Motor Vehicles. Staff met with Mr. Bailey on -site to determine whether or not his driveway or garage could accommodate his vehicle and provide ADA access. His primary vehicle is a Chevrolet Suburban which was measured at just over 18 feet in length. Mr. Bailey's garage is more of a storage shed and cannot accommodate parking and accessibility for Mr. Bailey. Mr. Bailey's driveway was measured at just under 20 feet in length. A minimum of 4 feet of clearance is required by ADA. Since Mr. Baily's vehicle is just over 18 feet in length, the driveway would need to be a minimum length of just over 22 feet to accommodate parking and ADA access. Based on the site evaluation staff has determined that accessible parking is not available on the property. Currently, there is an existing handicap parking space located nearby in front of 324 S. Kenton Avenue. However, per the City Council Disabled Persons Parking Policy, since the total number of on -street handicap parking spaces (including the proposed handicap parking space in front of 129 S. Kenton Avenue) would not exceed 3% of the total number of available on -street parking spaces in the area, Mr. Bailey's request is eligible for further consideration. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spades. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front 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. -1- It shall be noted that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or placards may park in handicap spaces. 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 129 S. Kenton Avenue. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 4. Disabled Persons Parking Policy 2013-04 -2- Page 1 of 2 Kenneth Fernandez From: MICHAEL BAILEY fprimed2black@yahoo.com3 Sent: Wednesday, February 06, 2013 2:04 PM To: Kenneth Fernandez Subject: Re: Blue Curb Request at 129 S Kenton Ave c/o Mr. Michael Bailey Follow Up Flag: Follow up Flag Status: Green Hello Mr. Fernandez, I went to the chevy specs. sight and my suburban is 219.3 Mtn► 045 f> long. I would estimate the driveway was 10 short when I parked my chevy In the driveway. WO When someone parks in front of my house I have to park down the street or across the street and it very difficult to get back to my house. Even with the storage in the driveway the empty one is Impossibe for me to move around.once I get down the ramp or open the garage door or close the gate. I think this Is w iat we dicussed on the phone. Thank You Michael Bailey From: Kenneth Fernandez <KFemandez@nationaicityca.gov> To: primed2black@yahoo.com Cc: Stephen Manganiello<SManganiello@nationalcityca.gov>; Kenneth Femandez <KFemandez@nationalcityca.gov> Sent: Wednesday, February 6, 2013 12:56 PM Subject: Blue Curb Request at 129 S Kenton Ave c/o Mr. Michael Bailey Dear Mr. Bailey: As mentioned in the voicemails left at 619-267-9044 on 02/05/13 and 02/06/13, the City is sending this correspondence to update you regarding your request. Given the Information provided in your correspondence to the City and upon engineering staff review, it appears you do not meet the City's requirements to install public parking blue curb in front of your residence at 129 South Kenton Avenue . A site inspection revealed an existing driveway with adequate area for vehicle access that is currently being used for storage purposes. Please contact the City via telephone or email by 2:00 PM today (WED 02/06/13) if you would like to pursue this further or have additional information you would llke to declare to the City that may support your case. Otherwise, the City may defer your item to a future Traffic Safety Committee meeting (date to be determined). Thank you. Sincerely, Kenneth Femandez, E.I.T. Project Coordinator City of National City Development Services Department Engineering Division Capital Improvement Projects (CIP), Traffic Engineering, and Front Counter Sections -3- Location Map 129 S. Kenton Ave (looking east) 129 S. Kenton Ave - resident's vehicle parked at location of proposed blue curb (looking east) -5- 129 S. Kenton Ave - driveway and garage (looking east) -6- 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. -7- 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. -8- (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 -9- CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2013 AGENDA ITEM NO. 6 ITEM TITLE: Resolution of the City Council of the City of National City accepting an easement for sidewalk and wall purposes from Mario Reyes and Cecilia Reyes and authorizing the recordation of a Sidewalk and Slope & Wall Easement over a portion of Lot 1 of Map 14619, Parcel Number 557-180-35. PREPARED BY: Barby Tipton, Project Officer PHONE: 336-4385 EXPLANATION: See attached DEPARTMENT: Engineering 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. Sidewalk and Slope & Wall Easement Deed 4. Resolution Explanation: As part of the 8th Street Revitalization Project, the City of National will be installing retaining walls along the frontage of properties on 8th Street where needed to prevent erosion. Additionally, a new sidewalk will be installed where a portion is on private property. In order to accomplish the improvements, it is necessary to obtain a Sidewalk and Slope & Wall Easement from the property owners, Mario Reyes and Cecilia Reyes. Staff recommends that City Council accept the attached easement and authorize the recordation of such. Page 1 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AN EASEMENT FOR SIDEWALK AND WALL PURPOSES FROM THE PROPERTY OWNERS OF 801 "N" AVENUE, AND AUTHORIZING THE RECORDATION OF THE SIDEWALK AND SLOPE & WALL EASEMENT OVER A PORTION OF THE PROPERTY WHEREAS, as part of the 8th Street Revitalization Project, the City of National City will be installing retaining walls along the frontage of properties on 8th Street where needed to prevent erosion; and WHEREAS a retaining wall will be installed on the property located at 801 "N° Avenue, identified as Lot 1 of Map 14619, APN 557-180-35-00. Property owners Mario and Cecilia Reyes have provided a Sidewalk and Slope & Wall Easement to the City for the installation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts an Sidewalk and Slope & Wall Easement for sidewalk and wall purposes from property owners Mario and Cecilia Reyes for an easement over a portion of Lot 1 of Map 14619, APN 557-180-35-00 as part of the 8th Street Revitalization Project. BE IT FURTHER RESOLVED that the City Council authorizes the recordation of the Sidewalk and Slope & Wall Easement with the San Diego County Recorder's Office. PASSED and ADOPTED this 2nd day of April, 2013. 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 SIDEWALK AND SLOPE & WALL EASMENT Document transfer tax is $ 0 The undersigned grantor(s) declare(s): A.P.N. 557-180-35-00 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Mario Reyes and Cecilia Reyes hereby GRANTS to the City of National City, an easement for Sidewalk and Slope & Wall purposes as described in attached Exhibit "A" and shown on map attached Exhibit "B" Signature of Grantor(s) State of California) County of San Diego) S.S. On the / TF, day of / I() rC' D) , 2013 before me personally appeared Mario Reyes and Cecilia Reyes 1'YI /4_ p ° It (lei , a notary public, Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature(s) on the instrument the persons, or the entity upon behalf of which the persons 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) EXHIBIT "A" LEGAL DESCRIPTION SIDEWALK AND WALL EASEMENT REYES LAND APN 557-180-35 An Easement for sidewalk and wall purposes over a portion of Lot 1 of Map no. 14619 recorded June 27, 2003 as file/page no. 2003-0763601 in the City of National City, County of San Diego, State of California; being the land granted to Mario and Cecilia Reyes by Grant Deed recorded June 9, 2004 as Document No. 2004-0541235 of Official Records, described as follows: All that portion of said Lot 1 lying northwesterly of the following described line: Beginning at the easterly terminus of a 10.00 foot radius curve at the northwest corner of said Lot 1 being a point on the southerly right of way of 8th Street (80.00 feet wide) thence leaving said southerly right of way South 27'09'31" West 14.12 feet to the westerly terminus of said 10.00 foot radius curve, being a point on the easterly right of way of "N" Avenue (60 feet wide) and the point of terminus. CONTAINING: 28.35 square feet, 0.001 acres more or less. Attached hereto is Exhibit 'B' and by reference is made a part hereof. Prepared by me or under my direction Duquette, L.S. 66 RBF JN 55-100683 February 6, 2013 Page 1 of 1 -2- Cal W Zw 0 W 3 c w 1 Zo 40' 0 rx 6=89°47'01" R=10.00' L=15.67' 8TH STREET 80 FEET WIDE POINT OF BEGINNING N72°03'01"E 94.85' z 30' EXHIBIT "B" C; POINT OF TERMINUS • SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR SIDEWALK & WALL EASEMENT PORTION OF LOT 1 MAP 14619 NATIONAL CITY, CA COUNTY OF SAN DIEGO 1� t0 SIDEWALK AND WALL EASEMENT GRANTED 28.35 S.F. �z (0.001 ACRE) APN 557-180-35 LOT 1 MAP 14619 OWNER: REYES BY DEED 2004-0541235, O.R. N72°03'01"E 105.00' CONSULTING ROW SHEET 1 OF 1 SHEET PLANNING ■ DESIGN ■ CCNWTRl1CTICN 9755 CLAREMONf MESA BOULEVARD. SUITE 100 SAN DIEGO. CALIFORNIA 92124-1924 858.514.5000 • FAX 858.614.5001 • "mr.RBF.can FEB4U4RY 6, 2013 J.N. 55-100683 -3- CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2013 AGENDA ITEM NO.7 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the acceptance of the FY 2012 Operation Stonegarden grant in the amount of $37,086 and authorizing the Chief of Police to execute Amendment No. 2 to the Agreement for the award of the grant funds, and appropriating funds in the amount of the grant for the reimbursement of overtime, fringe benefits and mileage for programmatic operations. PREPARED BY: Parris A. Bull, Police Sergeant DEPARTMENT: Police APPROVED BY: PHONE: (619) 336-4524 EXPLANATION: The County of San Diego through the San Diego Sheriff's Department received $5,250,665 in grant funding from the California Emergency Management Agency (Cal EMA) via the U.S. Department of Homeland Security (DHS) for the Fiscal Year (FY) 2012 Operation Stonegarden (OPSG) Grant (under the Homeland Security Grant Program). As one of 23 participating agencies, the National City Police Department's share of the total grant award is $37,086. The police department's participation is governed through a Memorandum of Agreement with the San Diego County Sheriffs Department, who serves as the fiscal agent for the grant. The Operation Stonegarden Program is a reimbursable grant, which does not require a match or in -kind contribution. 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. FINANCIAL STATEMENT: ACCOUNT NO. 290-411-640 ENVIRONMENTAL REVIEW: Not Applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: �� �,(,iq Finance APPROVED: MIS STAFF RECOMMENDATION: Staff recommends that the City Council accept the FY 2012 Operation Stonegarden Grant award and authorize the Chief of Police to execute the Agreement with the San Diego Sheriffs Department. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Amendment No. 2 to the "Agreement For The 2010 Operation Stonegarden Grant" FY 2012 Operation Stonegarden Budget Worksheet Operations Order Report for the FY 2012 OPSG Grant (DHS/U.S. Customs & Border Protection) RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORING THE ACCEPTANCE OF THE 2012 OPERATION STONEGARDEN GRANT IN THE AMOUNT OF $37,086, AUTHORIZING THE CHIEF OF POLICE TO EXECUTE AMENDMENT NO. 2 TO THE AGREEMENT FOR THE AWARD OF THE GRANT FUNDS, AND APPROPRIATING REIMBURSABLE FUNDS IN THE AMOUNT OF THE GRANT FOR OVERTIME, FRINGE BENEFITS, AND MILEAGE FOR PROGRAMMATIC OPERATIONS AND THE PURCHASE OF A PORTABLE VIDEO SURVEILLANCE CAMERA WHEREAS, the County of San Diego, through the San Diego Sheriff's Department has received $5,250,665 in federal government grant funds from the U.S. Department of Homeland Security (DHS), passed through the California Emergency Management Agency (CaIEMA) for the Fiscal Year 2012 Operation Stonegarden Grant; and WHEREAS, 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 crime in the region; and WHEREAS, the National City Police Department's participation is governed through an Agreement for the FY 2010 Operation Stonegarden Grant with the San Diego County Sheriff's Department; and WHEREAS, as one of the 20 participant agencies, the National City Police Department's share of grant funding is $37,086, which will be used for overtime, fringe benefits, and mileage for programmatic operations; and WHEREAS, the San Diego County Sherriffs Department is responsible for coordinating the reimbursement requests for the grant funds; and WHEREAS, to ensure that the Police Department purchases equipment and executes programmatic operations prior to the grant deadline of May 31, 2014, the grant funds must be used to order and/or receive equipment and overtime reimbursement prior to that deadline, to enable staff to claim reimbursement out of the grant funding by the February 28, 2014 deadline, unless an extension beyond the deadline is approved by the U.S. Department of Homeland Security (DHS) through the California Emergency Management Agency (CalEMA). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the acceptance of the Fiscal Year 2012 Operation Stonegarden Grant in the amount to $37,086. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Chief of Police to execute Amendment No. 2 to the Agreement for the 2010 Operation Stonegarden Grant. Said Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that City funds in the amount of $37,086 are authorized for overtime, fringe benefits, and mileage for the Police Department, and directs staff to request reimbursement for such expenditures from the San Diego County Sherriff's Department. --- Signature Page to Follow --- Resolution No. 2013- Page Two PASSED and ADOPTED this 2nd day of April, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney AGREEMENT FOR OPERATION STONEGARDEN AMENDMENT NO. 2 RECITALS 1. Original Agreement — On or about April 11, 2011, the PARTIES to the Agreement listed in Amendment Recital 2, below, entered into the AGREEMENT FOR OPERATION STONEGARDEN ("Agreement") effective retroactively to October 1, 2010 and with a termination date of April 30, 2013, subject to various provisions of the Agreement. 2. Parties To The Agreement -- The Agreement has been, prior to this Amendment 2 between the COUNTY OF SAN DIEGO ("COUNTY"), the CITY OF CARLSBAD, the CITY OF CHULA VISTA, the CITY OF CORONADO, the CITY OF EL CAJON, the CITY OF ESCONDIDO, the CITY OF LA MESA, the CITY OF NATIONAL CITY, the CITY OF OCEANSIDE, the CITY OF SAN DIEGO ("CITIES"), the SAN DIEGO UNIFIED PORT DISTRICT ("SDUPD"), the COUNTY OF ORANGE ("OC"), the CALIFORNIA HIGHWAY PATROL ("CHP"), the CALIFORNIA DEPARTMENT OF FISH AND GAME ("DFG"), the CALIFORNIA DEPARTMENT OF MOTOR VEHICLES ("DMV"), the CALIFORNIA DEPARTMENT OF PARKS AND RECREATION ("DPR"), the SAN DIEGO STATE UNIVERSITY ("SDSU"), the COUNTY OF LOS ANGELES ("LAC"), and the CALIFORNIA DEPARTMENT OF CORRECTIONS, OFFICE OF CORRECTIONAL SAFETY ("CDC"), collectively the "PARTIES", for program support of the Operation Stonegarden Grant ("OPSG")." 3. Party Departments Or Agencies Participating In The Agreement -- For the COUNTY, participating agencies are Probation Department and the Sheriff's Department ("SHERIFF"). For the CITIES, participating agencies are their respective police departments. For the college, participating agency is its respective police department. For the OC and LAC, participating agencies are their respective Sheriffs Department. SDUPD, CHP, DFG, DMV, DPR, and CDC do not have subordinate agencies or department participants. 4. Authority To Amend The Agreement — The San Diego County Sheriff is authorized to enter into amendments to the Agreement on behalf of the COUNTY pursuant to the San Diego County Board of Supervisor's actions on the 11/9/ 2010 (2), 11/8/ 2011 (4), and 12/4/ 2012 (1). The persons signing this Amendment (No. 2) on behalf of the PARTIES represent that they have the authority to do so. 5. Previous Amendment — Amendment No. 1 was entered into by the Parties effective October 1, 2011. Page 1 of 7 THEREFORE, the PARTIES agree to the following: AMENDMENTS TO THE AGREEMENT A. The Agreement's "PARTIES TO THE AGREEMENT" is amended and restated to read as follows: This Agreement is among the COUNTY OF SAN DIEGO ("COUNTY"), the CITY OF CARLSBAD, the CITY OF CHULA VISTA, the CITY OF CORONADO, the CITY OF EL CAJON, the CITY OF ESCONDIDO, the CITY OF LA MESA, the CITY OF NATIONAL CITY, the CITY OF OCEANSIDE, the CITY OF SAN DIEGO ("CITIES"), the SAN DIEGO UNIFIED PORT DISTRICT ("SDUPD"), the SAN DIEGO STATE UNIVERSITY ("SDSU"), the COUNTY OF ORANGE ("OC"), the COUNTY OF LOS ANGELES ("LAC"), the CALIFORNIA HIGHWAY PATROL ("CHP"), the CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE ("CDFW"), the CALIFORNIA DEPARTMENT OF MOTOR VEHICLES ("DMV"), the CALIFORNIA DEPARTMENT OF PARKS AND RECREATION ("DPR"), and the CALIFORNIA DEPARTMENT OF CORRECTIONS, OFFICE OF CORRECTIONAL SAFETY ("CDC"), collectively the "PARTIES", for program support of the Operation Stonegarden Grant ("OPSG")." B. The Agreement's "Party Departments Or Agencies Participating In The Agreement" is amended and restated to read as follows: For the COUNTY, participating agencies are Probation Department and the Sheriffs Department ("SHERIFF"). For the CITIES and SDUPD, participating agencies are their respective police departments. For the university, participating agency is its respective police department. For OC and LAC, participating agencies are their respective Sheriffs Department. CHP, CDFW, DMV, DPR, and CDC do not have subordinate agencies or department participants. C. The Agreement's "RECITALS" are amended to add the following: 9. On November 6, 2012, COUNTY through SHERIFF was notified of an award of funding from the California Emergency Management Agency (Cal EMA) under the FY 2012 Operation Stonegarden (OPSG) grant program for the project period beginning September 1, 2012 through June 30, 2014 in the amount of $5,250,665. 10. On December 4, 2012, the San Diego County Board of Supervisors, in approving Agenda Item No.4, approved and authorized the San Diego County Sheriff to: (a) accept and administer grant funds totaling $5,250,665 for the project period September 1, 2012 through June 30, 2014, and (b) execute an amendment to the current memorandum of agreement for the FY 2012 OPSG grant. Page 2 of 7 11. The COUNTY OF VENTURA ("VC"), the COUNTY OF SANTA BARBARA ("SBC"), and the COUNTY OF SAN LUIS OBISPO ("SLOC") desire to enter into an agreement with provisions concerning the nature and extent of OPSG grant collaboration, services to be rendered, and compensation to be paid. 12. PARTIES agree to each of the following Exhibits: (a) Exhibit A — FY 2012 Budget Worksheet (b) Exhibit B — FY 2012 Grant Assurances as set forth by the Cal EMA (c) Exhibit C — FY 2012 OPSG Operations Order, attached to this Amendment No. 2 (d) Exhibit D — FY 2012 The Operation Stonegarden Grant Program State Supplemental Guidance ("Guide"), which can be referenced at http://www.calema.ca. gov/EMS-HS-HazMat/Page s/Operation-Stonegarden- Pro gram-D ocuments. aspx (e) Exhibit E — 44 CFR Part 13— Uniform Administrative Requirements For Grants And Cooperative Agreements To State And Local Governments ("44 CFR Part 13"), which can be referenced at http://www. calema. ca. gov/GrantsMonitoring/Documents/CFR%20Regs/44CFRP art13.pdf D. Section "IV. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES" is amended as set forth below: Paragraph "A. Anticipated Outcome" is amended to read as follows: "The anticipated outcome of the OPSG Activities to be provided by PARTIES under this Agreement is increased law enforcement presence in each respective PARTY's designated area of jurisdiction in order to support the U. S. Department of Homeland Security, Bureau of Customs and Border Protection efforts in the region to improve border security and reduce border related crime. The anticipated outcome will be reached by achieving the goals and accomplishing the missions set forth below by the PARTIES and in Exhibit C — FY XXXX OPSG Operations Order for the applicable grant year, to this Agreement." Paragraph "B. Personnel Qualifications and Assignment, 5. Equipment and Supplies" is amended to read as follows: "COUNTY through SHERFF will provide SHERIFF OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform OPSG Activities. Similarly, County Participating Agency and all Non -County PARTIES will provide their respective OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform OPSG Activities unless otherwise specified in Exhibit C. PARTIES are responsible for the procurement of their own equipment to be used in OPSG Operations. Page 3 of 7 PARTIES will maintain an inventory list of all equipment purchased with OPSG funds and when practicable, the equipment shall be prominently labeled as follows: "Purchased with funds provided by the U.S. Department of Homeland Security" per federal guidelines. E. Section "VIII. GENERAL PROVISIONS" shall include all the text from the previous Section VII of that name, and is further amended as set forth below: Paragraph `B. Notices" is amended to add the following: Sheriff San Luis Obispo County Sheriffs Office 1585 Kansas Avenue San Luis Obispo, CA 93405 Sheriff Santa Barbara County Sheriffs Office 4434 Calle Real Santa Barbara, CA 93110 Sheriff Ventura County Sheriffs Office 800 South Victoria Avenue Ventura, CA 93009 F. Except as otherwise provided by this AMENDMENT NO. 2, the Agreement, and each and every other term and condition therein, shall remain in full force and effect. EXECUTION This AMENDMENT NO. 2 may be signed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto approve and agree to the terms of this AMENDMENT NO. 2 to the original Agreement, such AMENDMENT NO. 2 being effective October 1, 2012, unless otherwise specified. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT William D. Gore Mack Jenkins Sheriff Chief Page 4 of 7 CARLSBAD POLICE DEPARTMENT Gary Morrison Chief CORONADO POLICE DEPARTMENT Lou Scanlon Chief ESCONDIDO POLICE DEPARTMENT Cory Moles Acting Chief NATIONAL CITY POLICE DEPARTMENT Manuel Rodriguez Chief SAN DIEGO POLICE DEPARTMENT William Lansdowne Chief CITY OF SAN DIEGO CONTRACTS & PURCHASING Ed Plank Director (Interim) SAN DIEGO STATE UNIVERSITY POLICE DEPARTMENT John Browning Chief CHULA VISTA POLICE DEPARTMENT David Bejarano Chief CITY OF EL CAJON Douglas Williford City Manager LA MESA POLICE POLICE DEPARTMENT Ed Aceves Chief OCEANSIDE POLICE DEPARTMENT Frank McCoy Chief CITY OF SAN DIEGO Mayor Bob Filner or Designee SAN DIEGO HARBOR POLICE DEPARTMENT John Bolduc Chief LOS ANGELES COUNTY SHERIFF'S DEPARTMENT Leroy D. Baca Sheriff Page 5 of 7 ORANGE COUNTY SAN LUIS OBISPO COUNTY SHERIFF'S DEPARTMENT Sandra Hutchens Sheriff SANTA BARBARA COUNTY SHERIFF'S OFFICE Bill Brown Sheriff -Coroner CALIFORNIA HIGHWAY PATROL Jim Abele Chief, Border Division CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION Anthony Chaus Chief- Office of Correctional Safety CALIFORNIA DEPARTMENT OF PARKS AND RECREATION Clay Phillips (A) District Superintendent Approved as to form and legality: SAN DIEGO COUNTY COUNSEL William L. Pettingill Senior Deputy SHERIFF'S OFFICE Ian Parkinson Sheriff VENTURA COUNTY SHERIFF'S OFFICE Geoff Dean Sheriff CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE Helen Carriker Deputy Director, Administration CALIFORNIA DEPARTMENT OF MOTOR VEHICLES Kathryn Door Chief, Investigations Approved as to form and legality: JAN GOLDSMITH, CITY ATTY., CITY OF SAN DIEGO Linda L. Peter Deputy City Attomey Page 6 of 7 Approved as to form and legality: ORANGE COUNTY COUNSEL Nicole A. Sims Senior Deputy Page 7 of 7 AGREEMENT FOR THE 2010 OPERATION STONEGARDEN GRANT PARTIES TO THE AGREEMENT This Agreement is between the COUNTY OF SAN DIEGO ("COUNTY"), the CITY OF. CARLSBAD, the CITY OF CHULA VISTA, the CITY OF CORONADO, the CITY OF EL CAJON, the CITY OF ESCONDIDO, the CITY OF LA MESA, the CITY OF NATIONAL CITY, the CITY OF OCEANSIDE, the CITY OF SAN DIEGO ("CITIES"), the SAN DIEGO UNIFIED PORT DISTRICT ("SDUPD"), the COUNTY OF ORANGE ("OC"), the CALIFORNIA HIGHWAY PATROL ("CHP"), the CALIFORNIA DEPARTMENT OF FISH AND GAME (`DFG"), the CALIFORNIA DEPARTMENT OF MOTOR VEHICLES (`DMV"), and the CALIFORNIA DEPARTMENT OF PARKS AND RECREATION (`DPR"), collectively the "PARTIES", for program support of the 2010 Operation Stonegarden Grant ("OPSG"). Party Departments Or Agencies Participating In The Agreement For the COUNTY, participating agencies are the Sheriff's Department and the Probation Department. For the CITIES, participating agencies are the police departments. For the OC, participating agency is the Sheriff's Department. SDUPD, CHP, DFG, DMV and DPR do not have subordinate agencies or department participants. The services and obligations of PARTIES and their participating departments or agencies are set forth herein. 1 RECITALS WHEREAS, COUNTY through SHERIFF received funds from the U.S. Department of Homeland Security (DHS) passed through the California Emergency Management Agency (Ca1EMA), under the Fiscal Year (FY) 2010 Operation Stonegarden Grant (OPSG) Program; and WHEREAS, funds shall be used to support the OPSG program to enhance law enforcement preparedness and operational readiness along the land and water borders of the United States; and WHEREAS, Government Code §55632 authorizes COUNTY through SHERIFF and PARTIES, to contract with SHERIFF for provision of joint law enforcement services; and WHEREAS, PARTIES desire to enter into an agreement with provisions concerning the nature and extent of OPSG collaboration, services rendered, and compensation; and WHEREAS, COUNTY, by action of the Board of Supervisors Minute Order No. 2 dated November 9, 2010, approved and authorized the SHERIFF to execute expenditure contracts to use FY2010 OPSG grant funds to reimburse all PARTIES for overtime expenses; equipment and vehicle purchases; fuel, mileage, flight, and vehicle and equipment maintenance costs incurred in OPSG activities not to exceed $7,258.596, as described in Exhibit A — Budget Worksheet, during the project period beginning October 1, 2010 through April 30, 2013; and WHEREAS, PARTIES agree to maintain documentation supporting all expenditures reimbursed from Operation Stonegarden (OPSG) grant funds, ensure all expenditures are allowable under grant requirements, adhere to authorized procurement methods and submit an organization -wide financial and compliance audit report if $300,000 or more of OPSG federal funds are expended in a fiscal year. The documentation and records shall be maintained and retained in accordance with OPSG grant requirements and shall be available for audit and 2 inspection. The audit shall be performed in accordance with the U.S. General Accounting Office Government Auditing Standards and OMB Circular A-133. For accounting purposes, the following is a description of these funds: Federal Grantor Agency: U.S. Department of Homeland Security, Pass Through Agency: California Emergency Management Agency (CALEMA); Program Title: Homeland Security Grant Program; Federal CHM Number. 97.067; and WHEREAS, PARTIES agree to Exhibit B - FY10 Grant Assurances as set forth by the California Emergency Management Agency; NOW THEREFORE, for consideration, the receipt and sufficiency of which is hereby acknowledged, PARTIES jointly intend that COUNTY through SHERIFF will fund, and PARTIES will provide, a level of OPSG services, as set forth in this Agreement. AGREEMENT I. PURPOSE AND INTENT The purpose of this Agreement is to satisfy the OPSG proposal submitted to and awarded by the U.S. Department of Homeland Security passed through the California Emergency Management Agency, under the FY 2010 Operation Stonegarden Grant. H. SCOPE OF SERVICES A. Method of Service Delivery SHERIFF will maintain the OPSG grant and will be administratively responsible for coordination of PARTIES' obligations under this Agreement. The SHERIFF'S OPSG will be staffed as described in section IV. - Standards of Service: Obligations of the PARTIES. 3 B. Overview Of Basic Services PARTIES will provide OPSG activities ("Activities") by increasing law enforcement presence in their designated areas of jurisdiction or in coordination with other OPSG partner agencies in order to support the U. S. Department of Homeland Security, Bureau of Customs and Border Protection efforts in the region to improve border security. The PARTIES will enforce local and state laws will not enforce immigration laws on behalf of Customs and Border Protection/Border Patrol. III. TERM OF AGREEMENT A. Initial Term The term of this Agreement shall be retroactive to midnight on October 1, 2010, and shall continue in effect through and terminate at midnight on April 30, 2013; subject to the termination provision in section III. B. and III. C. below. B. Option to Extend Renewal or extension of the Agreement beyond April 30, 2013, shall be subject to remaining grant funds and to a time extension approved'by the U.S. Department of Homeland Security (DHS) through the California Emergency Management Agency (CaJEMA). C. Termination Subject to the applicable provisions of state law, each PARTY may terminate its participation in this Agreement upon ninety -day (90) minimum written notice to the other PARTIES. 4 IV. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES A. Anticipated Outcome The anticipated outcome of the OPSG Activities to be provided by PARTIES under this Agreement is increased law enforcement presence in each respective PARTY's designated area of jurisdiction in order to support the U. S. Department of Homeland Security, Bureau of Customs and Border Protection efforts in the region to improve border security and reduce border related crime. The law enforcement agencies that elected to participate in OPSG are San Diego County Probation Department, Carlsbad Police Department , Chula Vista Police Department, Coronado Police Department, El Cajon Police Department, Escondido Police Department, La Mesa Police Department, National City Police Department, Oceanside Police Department, San Diego Police Department, San Diego Harbor Police Department, Orange County Sheriff's Department, California Highway Patrol, California Department of Fish & Game, California Department of Motor Vehicles, and California Department of Parks and Recreation (`Tarticipating Agencies"). The anticipated outcome will be reached by achieving the goals and accomplishing the missions set forth below by the PARTIES and in Exhibit C — FY 10 OPSG Operations Order to this Agreement. 1. PARTIES will provide enhanced enforcement by increasing patrol presence in proximity to the border and/or routes of ingress from the border, including the water borders. In addition, PARTIES will utilize their unique investigatory areas of expertise in operations. 5 2. Increase intelligencelinformation sharing among PARTIES, including but not limited to the following activities: a. Conduct monthly meetings with a minimum of one representative from each PARTY. b. Increase information sharing during operations. 3. At the conclusion of each shift funded by Operation Stonegarden, OPSG state/local law enforcement officers will complete a Daily Activity Report (DAR). The DAR will be submitted via email to U.S. Customs and Border Protection (CBP)/Border Patrol Sector Headquarters at: SDCOPSG2009@cbp.dhs.gov and San Diego Sheriff's Department at: stonegarden®sdsheriff.org. The work week for OPSG is Wednesday — Tuesday: B. Personnel Qualifications And Assignment All PARTY personnel who perform OPSG Activities pursuant to this Agreement shall have met the minimum qualifications designated for their specific classification. PARTIES shall provide OPSG with qualified personnel to meet performance standards and scope of service defined herein and as further specified in Exhibit C. 1. Sheriff And County Participating Agency Discretion The management, direction, and supervision of SHERIFF OPSG personnel, the standards of performance, the discipline of deputies, and all other matters incident to the performance of such services, shall be performed by and be the responsibility of COUNTY through SHERIFF in SHERIFF'S sole but reasonable judgment and in accord with the provisions of applicable labor agreements. SHERIFF shall be the appointing authority for all SHERIFF personnel provided to OPSG by this AGREEMENT. Similarly, the County Participating Agency shall be responsible for the management, direction and supervision of its own OPSG personnel; the standards of performance, personnel discipline, and all other matters incident to the performance of such services, through the sole but reasonable judgment of the County Participating Agency and in accord with applicable labor agreements. Non -County PARTIES shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to persons engaged in COUNTY'S performance of this Agreement. 2. Non -County Parties' Discretion The management, direction, and supervision of non -County PARTY OPSG personnel, the standards of performance, the discipline of officers and/or non -sworn personnel, and all other matters incident to the performance of such services, shall be performed by and be the individual responsibility of each respective non -County PARTY in each respective non -County PARTY'S sole but reasonable judgment and in accord with the provisions of applicable labor agreements. Each non -County PARTY shall be the appointing authority for its respective personnel provided to the OPSG.by this Agreement. COUNTY and SHERIFF shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to persons engaged in non -County PARTY's performance of this Agreement. 7 3. Designated Coordinators SHERIFF shall select and designate a coordinator who shall manage and direct the OPSG. The other County Participating Agency and each non -County PARTY shall select and designate a coordinator under this Agreement. The designated coordinators for each party shall implement, as needed, appropriate procedures governing the performance of all requirements under this Agreement and shall be responsible for meeting and conferring in good faith in order to address any disputes which may arise concerning implementation of this Agreement. 4. Staffing for Basic Services PARTIES shall ensure that adequate numbers of their qualified respective personnel are provided to OPSG Activities at all times during the term of this Agreement to meet the Basic Services, Scope of Services, and Standards of Service commitments set forth herein. 5. Equipment and Supplies COUNTY through SHERFF will provide SHERIFF OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform OPSG Activities. Similarly, County Participating Agency will provide its respective OPSG personnel with all supplies and equipment necessary to perform OPSG Activities. Non -County PARTIES will provide their respective OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment nececsary to perform OPSG Activities unless otherwise specified in Exhibit C. PARTIES are responsible for the procurement of their own equipment to be used in OPSG Operations. V. COST OF SERVICES/CONSIDERATION A. General As full consideration for the satisfactory performance and completion by PARTIES of OPSG Activities set forth in this Agreement, COUNTY through SHERIFF shall reimburse PARTIES for personnel assigned to perform OPSG Activities on the basis of invoices and submittals as set forth hereunder. Such payments by COUNTY through SHERIFF are dependent on the continued availability of grant funds from the U.S. Department of Homeland Security (DHS) passed through the California Emergency Management Agency (Ca1EMA). B. Personnel Costs/Rate of Compensation During the term of this Agreement, COUNTY through SHERIFF shall reimburse PARTIES for overtime worked by personnel assigned to perform OPSG Activities based upon available funding and the actual costs incurred by PARTIES to provide Activities under this Agreement. C. Method of Payment 1. PARTIES shall submit correct and complete reimbursement forms, itemized invoices, labor reports, timesheets, and any other related supporting documentation that represents amounts due under this Agreement to include expenditure corrections and back billings to SHERIFF no later than the final business day of the subsequent month from the month being claimed to: San 9 Diego County Sheriff's Department, Grants Unit, Ref OPSG, P. O. Box 939062, San Diego, CA 92193. a. Reimbursement forms, invoices, purchases orders, contracts, labor reports, timesheets, and other related supporting documentation must have the signature of PARTY's designated coordinator or his or her designee, certifying that the invoice, timesheets, and related documentation are true and correct. b. PARTIES shall provide payroll records for each and every person whose costs are reimbursable under this Agreement, to include, at a minimum, the person's name, classification, duty position, task, regular hourly rate, overtime hourly rate, overtime hours worked, date overtime worked and fringe benefit rate and cost. PARTIES shall make available to SHERIFF for inspection, upon request, all payroll records and any other records that relate to the Basic Services provided under this Agreement. 2. Within sixty (60) business days upon receipt of valid invoice and complete documentation, SHERIFF will reimburse PARTIES for the Basic Services agreed to. VI. INDEMNIFICATION RELATED TO WORKERS COMPENSATION, EMPLOYMENT AND CLAIMS AND LIABILITY ISSUES A. Workers Compensation And Employment 1. The COUNTY shall fully indemnify and hold harmless Non -County PARTIES and their respective officers, employees and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs and/or arbitration 10 costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY, or (2) any claim, demand, suit or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY. 2. Each Non -County PARTY shall fully indemnify and hold harmless the COUNTY, its officers, employees and agents, from any claims, losses,. fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of that respective agency or any contract labor provider retained by the Non -County party, or (2) any claim, demand, suit or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective law enforcement agency or any contract labor provider retained by the law enforcement agency. 11 B. Indemnification Related To Acts Or Omissions; Negligence 1. Claims Arising From Sole Acts or Omissions of County The COUNTY hereby agrees to defend and indemnify the Non -County PARTIES, their agents, officers and employees, from any claim, action or proceeding against the Non -County PARTIES arising solely out of the acts or omissions of COUNTY in the performance of this Agreement. At its sole discretion, each Non - County PARTY may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve COUNTY of any obligation imposed by this Agreement. Each Non -County PARTY shall notify COUNTY promptly of any claim, action or proceeding and cooperate fully in the defense. ' 2. Claims Arising From Sole Acts or Omissions of Non -County PARTIES Each Non -County PARTY hereby agrees to defend and indemnify the COUNTY, its agents, officers and employees from any claim, action or proceeding against COUNTY, arising solely out of the acts or omissions of a respective Non -County PARTY in the performance of this Agreement. At its sole discretion, COUNTY may participate at its own expense in the defense of any such claim, action or proceeding, but such participation shall not relieve Non -County PARTIES of any obligation imposed by this Agreement. COUNTY shall notify Non -County PARTIES promptly of any claim, action or proceeding and cooperate fully in the defense. 3. Claims Arising From Concurrent Acts or Omissions COUNTY hereby agrees to defend itself; and each Non -County PARTY hereby agrees to defend itself, from any claim, action or proceeding arising out of the concurrent acts or omissions of COUNTY and Non -County PARTIES. In such cases, COUNTY 12 and each Non -County PARTY agrees to retain its own legal counsel, bear its own defense costs, and. waive its right to seek reimbursement of such costs, except as provided in paragraph 5 below. 4. Joint Defense Notwithstanding paragraph 3 above, in cases where COUNTY and Non -County PARTIES agree in writing to a joint defense, COUNTY and Non -County PARTIES may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of Non -County PARTIES and COUNTY. Joint defense counsel shall be selected by mutual agreement of COUNTY and Non -County PARTIES. COUNTY and Non -County PARTIES agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 5 below. COUNTY and Non -County PARTIES further agree that none of the PARTIES may bind the others to a settlement agreement without the written consent of both COUNTY and PARTIES. 5. Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, COUNTY and Non -County PARTIES may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. VII. GENERAL PROVISIONS A. Independent Contractor Status In the performance of services under this Agreement, COUNTY and and Non - County PARTIES acknowledge and agree that COUNTY and its respective officers, 13 agents and/or employees shall be deemed independent contractors and not officers, agents or employees of Non -County PARTIES; and Non -County PARTIES and their respective officers, agents and/or employees shall be deemed independent contractors and not officers, agents or employees of COUNTY. All such personnel provided by COUNTY under this Agreement are under the direct and exclusive supervision, daily direction, and control of COUNTY and COUNTY assumes full responsibility for the actions of such personnel in the performance of services hereunder; all such personnel provided by Non -County PARTIES under this Agreement are under the direct and exclusive supervision, daily direction, and control of their respective agencies and each agency assumes full responsibility for the actions of such personnel in the performance of services hereunder. COUNTY and Non -County PARTIES acknowledge and agree that COUNTY does not control the manner and means of performing the work of Non -County PARTIES' officers, agents or employees who perform OPSG Activities, nor does COUNTY have the right to hire or terminate employment of such officers, agents or employees. Non -County PARTIES do not control the manner and means of performing the work of COUNTY officers, agents or employees who perform OPSG Activities, nor do Non -County PARTIES have the right to hire or terminate employment of such officers, agents or employees. COUNTY has no authority of any kind to bind Non -County PARTIES, and Non -County PARTIES have no authority to bind COUNTY and/or SHERIFF in any respect whatsoever, nor shall COUNTY or SHERIFF act or attempt to act, or represent itself directly or by implication as an agent of Non -County PARTIES, or in 14 any manner assume or create or attempt to assume or create any obligation on behalf of or in the name of Non -County PARTIES. Non -County PARTIES shall not act or attempt to act, or represent themselves directly or by implication as agents of COUNTY or SHERIFF, or in any manner assume or create or attempt to assume or create any obligation on behalf of or in the name of COUNTY. B. Notices Any notice, request, demand or other 'communication required or permitted hereunder shall be in writing and may be personally delivered or given as of the date of mailing by depositing such notice in the United States mail, first-class postage prepaid and addressed as follows or, to such other place as each party may designate by subsequent written notice to each other: To COUNTY and SHERIFF: Sheriff San Diego County Sheriffs Department P. O. Box 939062 San Diego, CA. 92193 To Non -County PARTIES: Chief of Police Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92010 Chief of Police Chula Vista Police Department 315 Fourth Avenue Chula Vista, CA 91910 Chief of Police Escondido Police Department 1163 North Centre City Parkway Escondido, CA 92026 15 Chief Probation Officer Probation Department 9444 Balboa Avenue, Ste. 500 San Diego, CA 92123 Chief of Police Coronado Police Department 700 Orange Avenue Coronado, CA 92118 Chief of Police El Cajon Police Department 100 Fletcher Pkwy El Cajon, CA 92020 Chief of Police La Mesa Police Department 8085 University Ave La Mesa, CA 91942 Chief of Police National City Department 1200 National City Blvd National City, CA 91950 Chief of Police San Diego Police Department 1401 Broadway, San Diego, CA 92101 Sheriff Orange County Sheriff's Department 550 N. Flower Street Santa Ana, CA 92703 Chief of Enforcement California Department of Fish and Game 1416 9t Street, Room 1326 Sacramento, CA 95829 Chief California Department of Parks and Recreation 1416 9th Street Sacramento, CA 95814 Chief of Police Oceanside Police Department 3855 Mission Ave Oceanside, CA 92058 Chief of Harbor Police San Diego Harbor Police Dept 3380 N. Harbor Dr. San Diego, CA 92101 Chief California Highway Patrol 4902 Pacific Highway San Diego, CA 92110 Chief of Investigations Division California Department of Motor Vehicles 2120 Broadway, Sacramento, CA 95818 A notice shall be effective on the date of personal delivery if personally delivered before 5:00 p.m. on a business day or otherwise on the first business day following personal delivery; or two (2) business days following the date the notice is postmarked, if mailed; or on the first business day following delivery to the applicable overnight courier, if sent by overnight courier for next business day delivery and otherwise when actually received. C. Amendment; Assignment This Agreement may be modified or amended only by a written document signed by the COUNTY through SHERIFF and the affected PARTY or PARTIES, and no oral understanding or agreement shall be binding on any PARTY or PARTIES. No party shall 16 assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other PAR111.S. D. Entire Agreement This Agreement constitutes the complete and exclusive statement of agreement between the COUNTY and Non -County PARTIES with respect to the subject matter hereto. As such, all prior written and oral understandings are superseded in total by this Agreement. E. Construction This Agreement will be deemed to have been made and shall be construed, interpreted, governed, and enforced pursuant to and in accordance with the laws of the State of California. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe, interpret, expand, or limit the terms of the Agreement and shall not be construed against any one party. F. Waiver A waiver by COUNTY or Non -County PARTIES of a breach of any of the covenants to be performed by COUNTY or Non -County PARTIES shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this Agreement. In addition, the failure of any party to insist upon strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by COUNTY or Non -County PARTIES of either performance or payment shall not be considered a waiver of PARTY's preceding breach of this Agreement. G. Authority to Enter Agreement 17 COUNTY and Non -County PARTIES have all requisite power and authority to conduct their respective business and to execute, deliver, and perform the Agreement. Each PARTY warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. H. Cooperation COUNTY through SHERIFF and Non -County PARTIES will cooperate in good faith to implement this Agreement. I. Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. J. Severability This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any Court or other legal authority, or is agreed upon by the PARTIES, to be in conflict with any law or regulation, then the conflicting provision 'shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of this Agreement to any PARTY is lost, then the Agreement may be terminated at the option of the affected PARTY, with the notice as required in this Agreement. In all other cases, the remainder of this Agreement shall be severable and shall continue in full force and effect. K. Legislative Changes If any changes are made to regulations pursuant to which this Agreement is made or to any successor legislation or regulations, or if the U.S. Department of Homeland Security through the California Emergency Management Agency imposes any budget requirements 18 or limitations applicable to this Agreement and the services to be provided hereunder, then (1) to the extent any of the changes are of mandatory application, such change(s) shall apply to the PARTIES and this Agreement, and this Agreement shall be deemed to be amended to be consistent with such changes(s) except to the extent that such change(s) alter(s) a material provision of this Agreement in which case such material provision shall be voidable and the PARTIES will negotiate in good faith to amend the Agreement as necessary, and (2) to the extent any of the changes are not of mandatory application, such change(s) shall not affect this Agreement or the right or obligations of COUNTY and SHERIFF, and Non -County PARTIES, under this Agreement unless the PARTIES mutually agree to subject themselves to such changes(s). L. Representation PARTIES' Chief or their respective designee, shall represent PARTIES in all discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall represent SHERIFF in all discussions pertaining to this Agreement. M. Dispute Resolution Concerning Services and Payment In the event of any dispute concerning services and payment arising from this Agreement, the SHERIFF, or his or her designee, and PARTIES' Chief of Police, or his or her respective designee, will meet and conferwithin 10 (ten) business days after receiving notice of the dispute to resolve the dispute. N. Termination of Funding In the event that funding for reimbursement of costs related to OPSG Activities is terminated by the U.S. Department of Homeland Security through the California Emergency Management Agency, this Agreement in its entirety shall be considered null and void and COUNTY through SHERIFF and PARTIES shall no longer be required to 19 provide OPSG Activities as described herein. In such event, the COUNTY through SHERIFF and PARTIES shall meet immediately, and if agreed upon by the COUNTY through SHERIFF and PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of OPSG Activities through alternate means. O. Obligation This Agreement shall be binding upon the successors of the PARTIES. This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by the laws of the State of California. IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on this tit1 day of #pril' ,2011. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT /11,&;0;d4414,- William D. Gore Sheriff . Mack Jenkins Chief CARLSBAD POLICE CHULA VISTA DEPARTMENT POLICE DEPARTMENT Gary Morrison David Bejarano Chief Chief 20 provide OPSG Activities as described herein. In such event, the COUNTY through SHERIFF and PARTIES shall meet immediately, and if agreed upon by the COUNTY through SHERIFF and PARTIES, mutually develop and implement within a reasonable time fraine, a transition plan for the provision of OPSG Activities through alternate means. O. Obligation This Agreement shall be binding upon the successors of the PARTIES. This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by the laws of the State of California. • IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on this day f , 2010. COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT William D. Gore Sheriff CARLSBAD POLICE DEPARTMENT COUNTY OF SAN DIEGO PROBATI e i EPARTMENT Mack Je kin Chief CHULA VISTA POLICE DEPARTMENT Gary Morrison David Bejarano Chief Chief 20 provide OPSG Activities as described herein. In such event, the COUNTY through SHERIFF and PARTIES shall meet immediately, and if agreed upon by the COUNTY through SHERIFF and PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of OPSG Activities through alternate means. O. Obligation This Agreement shall be binding upon the successors of the PARTIES. This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by the laws of the State of California. IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on this day of , 2010. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT William D. Gore Mack Jenkins Sheriff Chief CARLSBAD POLICE CHULA VISTA DEPARTMENT POLICE DEPARTMENT Gary Morrison Chief David Bejarano Chief 20 provide OPSG Activities as described herein. In such event, the COUNTY through SHERIFF and PARTIES shall meet immediately, and if agreed upon by the COUNTY through SHERIFF and PARTIES, mutually develop and implement within a reasonable time fine, a transition plan for the provision ofOPSG Activities through alternate means. O. Obligation This Agreement shall be binding upon the successors of the PARTIES. This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by the laws of the State of California. • IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on this day of , 2010. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT William D. Gore Sheriff CARLSBAD POLICE Mack Jenkins Chief CHULA VISTA DEPARTMENT POLICE DEPARTMENT Gary Morrison David Bejarano Chief Chief 20 CORONADO POLICE EL CAJON DEPARTMENT POLICE DEPARTMENT Lou Sca► n Pat Sprecco Chief Chief ESCONDIDO POLICE DEPARTMENT LA MESA POLICE POLICE DEPARTMENT .Jim Maher Alan Lanning Chief Chief NATIONAL CITY OCEANSIDE POLICE POLICE DEPARTMENT DEPARTMENT Adolfo Gonzalez Chief Prank .McCoy Chief SAN DIEGO POLICE CITY OF SAN DIEGO DEPARTMENT William Lansdowne Chief Mayor Jerry Sanders Or designee SAN DIEGO HARBOR POLICE ORANGE COUNTY DEPARTMENT SHERIFF'S DEPARTMENT John Bolduc Sandra Hutchens Chief Sheriff 21 CORONADO POLICE EL CAJON DEPARTMENT POLICE DEPARTMENT Lou Scanlon Chief Clai..f City Manager ESCONDIDO POLICE DEPARTMENT Jini Maher Chief tetimek Pat-gfweeee Kathi J. H LA MESA POLICE POLICE DEPARTMENT Alan Lanning Chief NATIONAL CITY OCEANSIDE POLICE POLICE DEPARTMENT DEPARTMENT Adolfo Gonzalez Chief Frank McCoy Chief SAN DIEGO POLICE CITY OF SAN DIEGO DEPARTMENT William Lansdowne Mayor Jerry Sanders Chief Or designee SAN DIEGO HARBOR POLICE ORANGE COUNTY DEPARTMENT SHERIFF'S DEPARTMENT John Bolduc Sandra Hutchens Chief Sheriff 21 CORONADO POLICE EL CAJON DEPARTMENT POLICE DEPARTMENT Lou Scanlon Pat Sprecco Chief Chief ESCONDIDO POLICE DEPARTMENT 7#,L. LA MESA POLICE POLICE DEPARTMENT Maher Alan Lanning Chief Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT Adolfo Gonzalez Frank McCoy Chief Chief SAN DIEGO POLICE CITY OF SAN DIEGO DEPARTMENT William. Lansdowne Mayor Jerry Sanders Chief Or designee SAN DIEGO HARBOR POLICE ORANGE COUNTY DEPARTMENT SHERIFF'S DEPARTMENT John Bolduc Sandra Hutchens Chief Sheriff 21 ESCONDIDO POLICE DEPARTMENT Jim Maher Chief NATIONAL CITY POLICE DEPARTMENT Adolfo Gonzalez Chief SAN DIEGO POLICE DEPARTMENT William Lansdowne Chief ORANGE COUNTY SHERIFF'S DEPARTMENT Sandra Hutchens Sheriff CALIFORNIA DEPARTMENT OF FISH AND GAME Mike McBride Assistant Chief LA MESA POLICE POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT Frank McCoy Chief SAN DIEGO HARBOR POLICE DEPARTMENT John Bolduc Chief CALIFORNIA HIGHWAY PATROL Gary Dominguez Chief, Border Division CALIFORNIA DEPARTMENT OF MOTOR VEHICLES Kathryn Door Chief, Investigations 21 CORONADO POLICE EL CAJON DEPARTMENT POLICE DEPARTMENT Lou Scanlon Pat Sprecco Chief Chief ESCONDIDO POLICE LA MESA POLICE DEPARTMENT POLICE DEPARTMENT Jim Maher Alan Lanning. Chief Chief NATIONAL CITY OCEANSIDE POLICE POLICE DEPARTMENT DEPARTMENT Adolfo Gonzales Frank McCoy Chief Chief SAN DIEGO POLICE CITY OF SAN DIEGO DEPARTMENT William Lansdowne Mayor Jerry Sanders Chief Or designee SAN DIEGO HARBOR POLICE ORANGE COUNTY DEPARTMENT SHERIFF'S DEPARTMENT John Bolduc Sandra Hutchens Chief Sheriff 21 CORONADO POLICE EL CAJON DEPARTMENT POLICE DEPARTMENT Lou Scanlon . Pat Sprecco Chief Chief ESCONDIDO POLICE LA MESA POLICE DEPARTMENT POLICE DEPARTMENT Jim Maher Alan Lanning Chief Chief NATIONAL CITY OCEANSIDE POLICE POLICE DEPARTMENT DEPARTMENT Adolfo Gonzalez Frank McCoy Chief Chief SAN DIEGO POLICE CITY OF SAN DIEGO DEPARTMENT William Lansdowne Chief Mayor Jerry Sanders Or designee SAN DIEGO HARBOR POLICE ORANGE COUNTY DEPARTMENT SHERIFF'S DEPARTMENT John Bolduc Sandra Hutchens Chief Sheriff 21 CORONADO POLICE EL CAJON DEPARTMENT POLICE DEPARTMENT Lou Scanlon Pat Sprecco Chief Chief ESCONDIDO POLICE LA MESA POLICE DEPARTMENT POLICE DEPARTMENT Jim Maher Alan Lanning Chief Chief NATIONAL CITY OCEANSIDE POLICE POLICE DEPARTMENT DEPARTMENT Adolfo Gonzalez Chief SAN DIEGO POLICE PARTMENT Frank McCoy Chief CITY OF SAN DIEGO i is Lansdowne Mayor Jerry Sanders Chief Or designee SAN DIEGO HARBOR POLICE DEPARTMENT John Bolduc Chief ORANGE COUNTY SHERIFF'S DEPARTMENT Sandra Hutchens Sheriff 21 CORONADO POLICE EL CAJON DEPARTMENT POLICE DEPARTMENT Lou Scanlon Pat Sprecc:o Chief Chief ESCONDIDO POLICE LA MESA POLICE DEPARTMENT POLICE DEPARTMENT Jim Maher Alan Lanning Chief Chief NATIONAL CITY OCEANSIDE POLICE POLICE DEPARTMENT DEPARTMENT Adolfo Gonzalez Frank McCoy Chief Chief SAN DIEGO POLICE CITY OF SAN DIEGO DEPARTMENT William Lansdowne Chief Mayor Jeny Sanders Or designee SAN DIEGO HARBOR POLICE ORANGE COUNTY DEPARTMENT SHERIFF'S DEPARTMENT John l3o[due Sandra Hutchens Chief Sheriff 21 ESCONDIDO POLICE DEPARTMENT Jim Maher Chief NATIONAL CITY POLICE DEPARTMENT Adolfo Gonzalez Chief .SAN DIEGO POLICE DEPARTMENT William Lansdowne Chief ORANGE COUNTY SHERIFF'S DEPARTMENT Sandra Hutchens Sheriff CALIFORNIA DEPARTMENT OF FISH AND GAME Mike McBride Assistant Chief LA MESA POLICE POLICE DEPARTMENT Alan Lanning Chief OCEANSIDE POLICE DEPARTMENT Frank McCoy Chief SAN DIEGO HARBOR POLICE DEPARTMENT John Bolduc Chief CALIFORNIA HIGHWAY PATROL Gary Dominguez Chief, Border Division CALIFORNIA DEPARTMENT OF MOTOR VEHICLES Kathryn Door Chief, Investigations 21 APPROVED AS TO FORM OFFICE OF THE COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By/y?(I2/" De ry Dap: ///237D CAL PA Jim Abele Chief, Borde Division IA HIGHWAY CALIFORNIA DEPARTMENT OF FISH AND GAME Paul Hamdorf Assistant Chief CALIFORNIA DEPARTMENT CALIFORNIA DEPARTMENT OF MOTOR VEHICLES OF PARKS AND RECREATION Kathryn Door Clay Phillips Chief, Investigations (A) District Superintendent s to form and legality: 0 OUNTY COUNSEL lia Pe ingill Senior Deputy Approved as to form Jan I. Goldsmith, City Attorney By Deputy City Attorney 22 CALIFORNIA HIGHWAY CALIFORNIA DEPARTMENT PATROL OF FISH AND GAME Jim Abele Chief, Border Division Helen Carriker Deputy Director, Administration CALIFORNIA DEPARTMENT CALIFORNIA DEPARTMENT OF MOTOR VEHICLES OF PARKS AND RECREATION Kathryn Door Clay Phillips. Chief, Investigations (A) District Superintendent Approved = • form and legality: S N ' I OUNTY COUNSEL Pe ingill Senior Deputy Approved as to form Jan I. Goldsmith, City Attorney By Deputy City Attorney 22 CALIFORNIA HIGHWAY CALIFORNIA DEPARTMENT PATROL OF FISH AND GAME Jim Abele Chief, Border Division Paul Hamdorf Assistant Chief CALIFORNIA DEPARTMENT CALIFORNIA DEPARTMENT OF MOTOR VEHICLES OF PARKS AND RECREATION Chief, Investigations Approved .s to form and legality: S N 1 I a 0 OUNTY COUNSEL Pe ingill Senior Deputy Approved as to form Jan I. Goldsmith, City Attorney By Deputy City Attorney 22 Clay Phillips (A) District Superintendent CALIFORNIA HIGHWAY CALIFORNIA DEPARTMENT PATROL Jim Abele Chief, Border Division CALIFORNIA DEPARTMENT OF MOTOR VEHICLES Kathryn Door Chief, Investigations Approved : to form and legality: S . N I 3j O OUNTY COUNSEL Pe ingill Senior Deputy Approved as to form Jan I. Goldsmith, City Attorney By Deputy City Attorney OF FISH AND GAME Paul Hamdorf Assistant Chief CALIFORNIA DEPARTMENT OF PARKS AND REC 'i, ON Cla • "' hillips (A) District Sup intendent 22 CALIFORNIA HIGHWAY CALIFORNIA DEPARTMENT PATROL OF FISH AND GAME Jim Abele Chief, Border Division Paul Hamdorf Assistant Chief CALIFORNIA DEPARTMENT CALIFORNIA DEPARTMENT OF MOTOR VEHICLES OF PARKS AND RECREATION Kathryn Door Clay Phillips Chief, Investigations (A) District Superintendent Approved . to form and legality: OUNTY COUNSEL ►�P- ingill Senior Deputy Approved as to form Jan I. Goldsmith, City Attorney By Deputy City Attorney 22 CALIFORNIA HIGHWAY CALIFORNIA DEPARTMENT PATROL OF FISH AND GAME Jim Abele Chief, Border Division Paul Hamdorf Assistant Chief CALIFORNIA DEPARTMENT CALIFORNIA DEPARTMENT OF MOTOR VEHICLES OF PARKS AND RECREATION Kathryn Door Clay Phillips Chief, Investigations (A) District Superintendent s to form and legality: OUNTY COUNSEL 'ngill Senior Deputy Approved as to form Jan I. Goldsmith, City Attorneys t1 ) - v yysig4Lck4:43.11:2ali putt' Corney 22 FY 2012 OPERATION STONEGARDEN BUDGET WORKSHEET SUMMARY Budget Narrative Category A B C D E F G H I Agency Name Operational OT Fringe Vehlset Equip Maint New/Replace Fuel Costs Mileage Flight Costs M&A Total Benefits Maint Maint Equip San Diego County Sheriffs Department 1,424,574 94,584 - 90,255 - - 115,271 - 40,400 $ 1,765,084 San Diego County Probation 94,545 5,455 - - - - - - $ 100,000 Carlsbad Police Department 40,050 450 - - - - 4,500 - $ 45,000 Chula Vista Police Department 231,068 3,203 - - - 65,729 - $ 300,000 Coronado Police Department - - - - - - - - $ - El Cajon Police Department - - - - - - - - $ - Escondido Police Department 74,148 - - - - - - - $ 74,148 La Mesa Police Department 80,000 11,040 - - - - 8,960 - $ 100,000 National City Police Department 32,223 3,517 - - - - 1,346 - $ 37,086 Oceanside Police Department 68,956 1,944 15,000 - - 15,000 - - $ 100,000 San Diego Harbor Police 135,000 15,000 - - - 48,000 2,000 - $ 200,000 San Diego Police Department 845,000 - - - - - 35,000 - $ 880,000 $ - San Diego State UnNersity Police Departrnent - - - - - - - - LA County Sheriffs Department 350,000 - - - - - - - $ 350,000 Orange County Sheriffs Department 134,358 8,487 33,722 - - 42,000 - 65,000 $ 283,567 CA Highway Patrol 503,812 11,188 - - - - 45,000 90,000 $ 650,000 CA Department of Fish and Game 30,000 780 - - - - - - $ 30,780 CA Department of Motor Vehicles, Investigators 129,933 3,758 - 6,309 - - - - $ 140,000 CA Department of Parks and Recreation 44,355 645 - - - - - - $ 45,000 CA Department of Corrections, Office of Correctional Safety - - - - - - - - $ - San Luis Obispo County Sheriffs Department 45,013 4,987 $ 50,000 Santa Barbara County Sheriff's Department 50,000 - $ 50,000 Ventura County Sheriff's Department 50,000 - $ 50,000 Grand Total San Diego County Region $ 4,363,035 S 164,138 S 48,722 S 96,564 $ - S 105.000 S 277,806 S 155,000 S 40,400 S 5.250,665 GRAND TOTAL AWARD S 5.250,665 U.S. Department of Homeland Security Bureau of Customs and Border Protection Operations Order Report Op Order Name: SDC OPSG FY2012 Op Order MAIN Op Order Number: 12-SDCSDC-09-001 Version 0 Op Dates: From: 10/1/2012 To: 9/30/2013 Report Date: 11/27/2012 Executive Summary Since the events of September 11th, 2001, the interception of terrorists and terrorist weapons attempting entry across the nation's borders has become the priority mission of U.S. Customs and Border Protection (CBP)/Border Patrol. A combination of intelligence driven operations, deterrence -based deployment, border infrastructure development, technology and agent resources are utilized to address the incursion threat of terrorists as well as smugglers of undocumented aliens and contraband. Historically, San Diego County has been a highly favored operational area for alien and drug smuggling organizations. The close proximity of Tijuana, Mexico to San Diego, population density, significant coastline, and extensive transportation networks leading to the interior immediately north of the border make San Diego a consistently lucrative target. Border -related crime represents an all -threat environment in that the primary criminal activity (drug/human smuggling) often results in cross -border criminal organizations and individuals undertaking secondary and frequently, tertiary criminal activities that involve a wider range of crimes (kidnappings, assaults, murders, money laundering, cross -border weapons trafficking, etc.). These criminal activities, when undertaken in the U.S., constitute a threat to domestic security, subsequently triggering involvement by state and local law enforcement. Law enforcement partnerships between federal, state, and local entities are critical to improving operational control of the border. Grant funding via Operation Stonegarden (OPSG) will be utilized by local units of govemment to target border -related crime. Utilizing an all -threats approach in collaboration with CBP/Border Patrol, state and local law enforcement agencies will exercise their unique jurisdictional capabilities in order to collaboratively address border security issues. I. SITUATION A. General Situation: Presently, San Diego County's (San Diego Sector) approximate sixty miles of international border has effective level of security that is commensurate with known and identified risks associated with criminal organizations. The incidence of border violence associated with competing drug cartels in the Tijuana/Tecate areas has continued and still has great potential to spread into the United States. Frequent assaults against Border Patrol Agents are a common diversionary tactic utilized by smuggling organizations to further their criminal activity. During a particularly volatile situation on July 23, 2009, Border Patrol Agent Robert Rosas was murdered in close proximity to the border fence while responding to alien traffic in the Campo Station AOR. As security of the border is established and/or expanded within key target zones, criminal organizations resort to increasingly elaborate smuggling methods such as sophisticated cross -border tunnels, watercraft in the maritime environment, and ultra -light aircraft. C3 (Califomia Corridor Campaign), the San Diego Sector's FY 2012 enforcement strategy, will address specific threats posed by such organizations and aggressively integrate OPSG assets to reduce violent crime along the border, increase border security, and improve the quality of life within affected communities throughout the San Diego operational AOR. As the Maritime Threat continues to increase in San Diego's AOR it has been necessary to move funds up along the coast to address emerging maritime Panga smuggling events in Ventura, Santa Barbara and San Luis Obispo counties. Since its inception, the intent of OPSG has been to enhance law enforcement preparedness and operational readiness along the nation's borders. The Department of Homeland Security Appropriations Act 2010 (PL 111-83), via the Homeland Security Grant Program, allocated $60 million for use by local units of government to increase coordination and enforcement capabilities in support of Department of Homeland Security (DHS) goals including those outlined in the Border Patrol National Strategy. San Diego County received $5,250,665 which will be utilized for OPSG enforcement efforts throughout FY 2012. B. Terrain/Weather: San Diego County's western corridor is one of the most densely populated areas in the United States. The corridor includes the cities of San Diego, Imperial Beach, Chula Vista, Coronado, Encinitas, Carlsbad, and Oceanside. The County's central corridor is comprised primarily of a blend of sparsely populated remote and rural wilderness areas. The eastern corridor consists of rural mountain and ranching enclaves with populations ranging from a few hundred up to several thousand. Terrain features within the County include beaches, estuaries, coastal plains, steep canyons and ravines, high desert, and mountains over six thousand feet in elevation. There are numerous environmentally sensitive and protected areas in the County, including the Otay Mountain Wilderness Area and Tijuana Estuary. Dense, low lying brush and scrub trees cover much of the rural terrain throughout. Weather conditions vary greatly throughout the County. The western corridor generally maintains year round mild temperatures that average 50 to 80 degrees. The central and eastern corridors can experience extremes in temperatures ranging from subfreezing to well over 100 degrees. San Diego County experiences an average annual rainfall of 16 inches. Eastern portions of the County can experience occasional snowfall and high winds. In addition, the western portion of the County experiences frequent coastal eddies (a combination of low clouds and fog), which extend several miles inland. Wildfires are a very real and persistent threat throughout the County. The fire season extends from May through November. Historically, wildfires have resulted in the devastating loss of life and property. The combination of climatic extremes, rugged terrain, dense urban corridors, and protected environmental areas presents a complex challenge to conducting daily operations. As such, enforcement entities operating within the counties utilize considerable ingenuity and flexibility in order to achieve their missions. Los Angeles and Orange Counties represent a rugged coastline along with weather patterns that are much like that of San Diego County. Los Angeles County includes the Islands of Catalina and San Clemente. These islands are remote and desolate and represent an area of great concern for the San Diego Sector. Califomia State Parks along with the California Highway Patrol are working in remote areas in Santa Barbara, Ventura and San Luis Obispo Counties as the Maritime threat continues to move north up along the Califomia Coast. C. Criminal Element: Alien and drug smuggling organizations continue to pose significant threats throughout the area. These organizations have become increasingly sophisticated and use counter surveillance, diversionary tactics, night vision devices, and secure communications while conducting operations. Trans -border kidnappings, extortion, murder, and intimidation are common results of cartel competition for lucrative territory. Debriefings of aliens and foot guides, examination of pocket trash, and officer observations indicate substantial intelligence gathering efforts against law enforcement operations by area criminal organizations. Smugglers frequently utilize dangerous tactics in order to further their cargo into the United States. Among these are failures to yield when vehicle or checkpoint stops are initiated, abandonment of the smuggling vehicle by the driver while it is still in motion, wrong -way driving on freeways north through the Mexican Port of Entry into the southbound lanes of Interstate 5, and the overloading of boats with human cargo. The abandonment of individuals or entire groups by their guides in remote, inhospitable environments is not uncommon and has resulted in a significant number of deaths. Smuggling organizations using these, and other tactics, have been historically responsible for several assaults on Border Patrol Agents and local law enforcement officers. D. Friendly Forces: U.S. Customs and Border Protection/Border Patrol CBP Air and Marine CBP Field Operations U.S. Coast Guard Immigration and Customs Enforcement San Diego County Sheriff's Department San Diego County Probation Department San Diego Police Department San Diego Harbor Police San Diego State University Police Department Carlsbad Police Department Chula Vista Police Department Coronado Police Department El Cajon Police Department Escondido Police Department La Mesa Police Department National City Police Department Oceanside Police Department Los Angeles County Sheriff's Department Orange County Sheriff's Department Santa Barbara County Sheriffs Office San Luis Obispo County Sheriffs Office Ventura County Sheriffs Office California Department of Motor Vehicles California Department of Fish and Wildlife California Highway Patrol California Department of Parks and Recreation California Department of Corrections, Office of Correctional Safety II. MISSION Department of Homeland Security, CBP/Border Patrol, state, and local law enforcement agencies operating in San Diego, Orange, Los Angeles, Ventura, San Luis Obispo and Santa Barbara Counties will collaborate to raise border security by: • Disrupting, dismantling, and defeating targeted transnational threats • Enhancing land/coastal border detection and interdiction capabilities • Expanding formal communication, intelligence protocols, and nontraditional intelligence/fusion opportunities III. EXECUTION A. Management/Supervisor Intent: Participating OPSG law enforcement agencies will enforce local/state laws within their jurisdiction and will not enforce immigration laws (Title 8 USC) on behalf of CBP/Border Patrol. Each participating agency will conduct enforcement activities that have a nexus and contribute to border security as described in the "Specific Responsibilities" section of this plan. B. General Concept: OPSG operational activities will emphasize those measures that increase border security in direct collaboration with CBP/Border Patrol. Participating agencies will utilize their unique areas of expertise and jurisdictional authority to patrol targeted areas within the county and participate in special operations targeting border nexus crime. Border security threat and operational hours/activities will be determined jointly throughout the quarter(s) between the San Diego Sector unified command staff and the OPSG Integrated Planning Team (IPT). Maritime - specific operations will be coordinated jointly with the Maritime Unified Command (MUC). This operational concept does not result in a change or extension of Federal authority to state or local law enforcement agencies to enforce Federal immigration laws (Title 8 USC). It is anticipated however, that increased enforcement activities under OPSG will significantly impact the ability of criminal organizations to operate within the greater San Diego, Orange, Los Angeles, Ventura, Santa Barbara, and San Luis Obispo County areas to reduce the threat of border incursions. Participating agencies will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support enforcement operations as identified in the quarterly OPSG Operational Plan(s). If Federal immigration violations are encountered, state and local agencies may refer those violations to the Border Patrol for appropriate action consistent with current policies and practices. This plan is subject to approval by the Chief Patrol Agent -San Diego Sector and the Office of Border Patrol prior to release of OPSG funds. C. Specific Responsibilities: 1. San Diego County Sheriffs Department (SDSD) Objective: Raise the level of border security and reduce the threat of border - related crime by increasing law enforcement presence and special operations in rural and coastal areas, communities, and routes of egress throughout the Sector AOR. SDSD will not enforce Title 8 (US Immigration law). SDSD will enforce state law and local ordinances against violators in target areas to help reduce criminal activity associated with alien and drug smuggling. SDSD will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: Imperial Beach- • Patrols (days and times of shift to be determined during weekly RECOM meetings) in the vicinity of Seacoast Dr., Border Field State Park and adjacent beach areas. Deputies will coordinate efforts and provide coastal observation for maritime enforcement assets patrolling the immediate coastline. • Coordinated intelligence based criminal interdiction operations once per month in the Imperial Beach and South San Diego areas. Chula Vista- • Patrols in the vicinity of Otay Lakes Road from Wueste Road to Highway 94 and/or Alta Road to Otay Mesa Road. • Multiple special operations as necessary including: traffic enforcement in the vicinity of Donovan and George Bailey Detention Facilities, off -road vehicle enforcement on Otay Mesa, joint bandit interdiction operations on Otay Mountain, and joint narcotic interdiction in Otay Valley. Brown Field/EI Cajon- • Border egress patrols in the vicinity of Highway 94 from Barrett Lake Road to Forest Gate Road and adjacent communities. Special emphasis on State Route 188 and Tecate. Campo/Boulevard- • Border egress patrols in the vicinity of Hwy 94 from Campo to Jacumba and intersecting routes north to Interstate 8, to include Pine Valley and Border Patrol I-8/Old Hwy 80 westbound checkpoints. San Clemente- • Maritime interdiction/coastal observation and patrols at or near beach communities from San Clemente north (days and times of shift to be determined during bi-weekly RECOM meetings). Sector -wide -Special Ops •SDSD, Sector and Station Special Operations Groups and Intelligence Units in conjunction with OPSG Partners and Task Forces will conduct intelligence -based operations within the San Diego Sector during the time period outlined and as deemed necessary during the Border Patrol weekly Unified Command meetings, along with the MUC and OPSG Integrated Planning Team. •SDSD dispatchers and/or Lieutenant -field operations may be utilized to support high visibility enforcement actions when multiple stakeholders and/or multiple SDSD units are engaged and/or while working under the ICS system. •Conduct up to fourteen, five hour ASTREA flight operations in support of SDSD/OPSG stakeholder undercover, uniformed, and/or maritime operations. All OPSG air operations will de -conflict with CBP Air San Diego and notify the San Diego Sector Communications Center (619) 498-9900 prior to flight. 2. San Diego County Probation Department Objective: Raise the level of border security by identifying and initiating prosecution proceedings for apprehended aliens and border crime -related criminals in violation of probation. Probation officers will screen Border Patrol detainees for probation violators who do not meet federal prosecution guidelines, issue re -arrest orders under Section 1203 of the California Penal Code, and transport and book amenable violators into San Diego County Jail. Probation Officers will respond to requesting Sector stations as coordinated by the Sector Career Criminal Unit (CCU). Probation Officers will conduct fourth waiver searches of probationers located within the designated targeted areas to ensure compliance with court orders. Probation Officers will not enforce Title 8 (US Immigration law). Probation Officers will enforce state law against criminal violators in target areas. San Diego County Probation will utilize OPSG funding for overtime, fuel, mileage, and vehicle maintenance in order to support operations as follows: Sector -wide- • Deputy/Senior Probation Officers will perform fourth waiver searches county- wide for individuals with a history of border nexus related crime and case reviews for aliens in custody suspected of probation violation. In addition, Officers will develop intelligence -based target lists for field operations within OPSG boundaries. • Supervisory Probation Officers will generate focus reports for aliens on probation specific to OPSG, respond to after -hour calls in the field from Deputy Probation Officers requesting re -arrest authorizations, or as operations dictate. San Diego County Probation Department may conduct intelligence -driven operations as necessary in collaboration with OPSG partner agencies. Operations described above may be modified in order to facilitate such enforcement efforts within allocated quarterly funds. 3. San Diego Police Department (SDPD) Objective: Raise the level of border security and reduce the threat of border - related crime by increasing law enforcement presence and special operations in urban and coastal areas, communities, and routes of egress related to the border in the Imperial Beach and Chula Vista Station AORs. SDPD will not enforce Title 8 (US Immigration law). SDPD will enforce state law and local ordinances against violators in the target area to help reduce criminal activity associated with alien and drug smuggling. SDPD will utilize OPSG funding for overtime, fuel, mileage, vehicle/vessel maintenance, and equipment in order to support operations as follows: Imperial Beach/Chula Vista- • Conduct patrols utilizing boats, bicycles, ATVs, 4x4 vehicles and/or patrol cars in and around Mission Bay boat launching ramps and docks and adjacent beach areas. • Conduct high visibility intelligence -based criminal interdiction operations targeting drug trafficking organizations and/or the secondary criminal effects of drug trafficking within the city limits of San Diego and known smuggling corridors. The operations may involve other local, state and federal law enforcement agencies. • Conduct intelligence -driven covert operations as needed within the City of San Diego targeting drug trafficking organizations and/or the secondary criminal effects of drug trafficking. The covert operations may involve other local, state and federal law enforcement agencies. • Conduct up to twelve, six hour ABLE flight operations in support of OPSG/SDPD/partner agency undercover, uniformed, and maritime operations. Each operation will consist of one aircraft, a pilot, and an observer. All OPSG air operations will de -conflict with CBP Air San Diego and notify the San Diego Sector Communications Center (619) 498-9900 prior to flight. 4. San Diego Harbor Police (SDHP) Objective: Increase security for immediate coastline from international border to Mission Bay (to include San Diego Harbor) and deny marine egress routes to smuggling organizations operating in the maritime environment within the Imperial Beach Station AOR. SDHP will not enforce Title 8 (US Immigration law). SDHP will enforce state law and local ordinances against violators in target areas to help reduce criminal activity associated with alien and drug smuggling. SDHP will utilize OPSG funding for overtime, fuel, mileage, vehicle/vessel maintenance, and equipment in order to support operations as follows: • Patrol coastal waters and/or tidelands from the international border to Mission Bay (days and times of shift to be determined during weekly RECOM meetings). • Conduct boat ramp/marina patrol from Chula Vista north to Mission Bay. 5. San Diego State University Police Department (SDSUPD) Objective: Raise the level of border security by identifying and initiating prosecution proceedings for apprehended aliens and border crime -related criminals in violation of probation. SDSUPD Officers will screen Border Patrol detainees for probation violators who do not meet federal prosecution guidelines, issue re -arrest orders under Section 1203 of the California Penal Code, and transport and book amenable violators into San Diego County Jail. SDSUPD Officers will respond to requesting Sector stations as coordinated by the Sector Career Criminal Unit (CCU). SDSUPD Officers will conduct fourth waiver searches of probationers located within the designated targeted areas to ensure compliance with court orders. SDSUPD Officers will not enforce Title 8 (US Immigration law). SDSUPD Officers will enforce state law against criminal violators in target areas. SDSUPD will utilize OPSG funding for overtime in order to support operations as follows: Sector -wide- • SDSUPD Officers will perform fourth waiver searches county -wide for individuals with a history of border nexus related crime and case reviews for aliens in custody suspected of probation violation. In addition, officers will develop intelligence -based target lists for field operations within OPSG boundaries. SDSUPD Officers may conduct intelligence -driven operations as necessary in collaboration with OPSG partner agencies. Operations described above may be modified in order to facilitate such enforcement efforts within allocated quarterly funds. 6. Carlsbad Police Department Objective: Increase security for immediate coastline and deny marine egress routes to smuggling organizations operating in the maritime environment within the San Clemente Station AOR. Carlsbad PD will not enforce Title 8 (US Immigration law). Carlsbad PD will enforce state law and local ordinances against violators in target areas to help reduce criminal activity associated with alien and drug smuggling. Carlsbad PD will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: • Patrols (days and times of shift to be determined during weekly RECOM meetings) in the vicinity of Hwy 101 in the City of Carlsbad. Special emphasis on support to maritime enforcement. 7. Chula Vista Police Department (CVPD) Objective: Raise the level of border security and reduce the threat of border - related crime by increasing law enforcement presence and special operations in communities and routes of egress adjacent to the border in the Chula Vista Station AOR. CVPD will not enforce Title 8 (US Immigration law). CVPD will enforce state law and local ordinances against violators in the target area to help reduce criminal activity associated with alien and drug smuggling. CVPD will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: • Border egress patrols in the vicinity of the eastern and southern boundaries of the City of Chula Vista to include Otay Lakes Road, Wueste Road, Proctor Valley Rd, Hunte Parkway, Birch Road and Main Street. • Intelligence -driven and public works needs assessment storm drain surveillance and interdiction throughout the city's southern and eastern boundaries. • Targeted narcotics trafficking operations with a border security nexus. Targeted operations include criminal aliens and cross border smuggling within and passing through the Chula Vista AOR. Operational hours and workdays to remain flexible as operations dictate. 8. Coronado Police Department Objective: Increase security for immediate coastline from Imperial Beach to North Island Naval Air Station and deny marine egress routes to smuggling organizations operating in the maritime environment within the Imperial Beach Station AOR. Coronado PD will not enforce Title 8 (US Immigration law). Coronado PD will enforce state law and local ordinances against violators in the target area to help reduce criminal activity associated with alien and drug smuggling. Coronado PD will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: • Coastal patrols (days and times of shift to be determined during weekly RECOM meetings) with special emphasis on the Silver Strand and beach areas in and adjacent to Coronado. 9. El Cajon Police Department (ECPD) Objective: Raise the level of border security and reduce the threat of trans - national crime by increasing law enforcement presence and special operations in communities and border routes of egress in the El Cajon Station AOR. ECPD will not enforce Title 8 (US Immigration law). ECPD will enforce state law and local ordinances against violators in the target area to help reduce criminal activity associated with alien and drug smuggling. ECPD will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: • Conduct operations targeting narcotics trafficking/gangs with a border security nexus. Targeted operations include criminal aliens and cross border smuggling within and passing through the El Cajon Station AOR. Operational hours and workdays to remain flexible as operations dictate. • One communications dispatcher one day per month in support of special/targeted operations. 10. Escondido Police Department (EPD) Objective: Raise the level of border security and reduce the threat of trans - national crime by increasing law enforcement presence and special operations in communities and border routes of egress in the Murrieta Station AOR. EPD will not enforce Title 8 (US Immigration law). EPD will enforce state law and local ordinances against violators in the target area to help reduce criminal activity associated with alien and drug smuggling. EPD will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: • Conduct operations targeting criminal alien gang members, narcotic trafficking and border security nexus crime. Operations will consist of three officers and one sergeant. • One monthly multi -agency operation targeting above consisting of ten officers, two sergeants, one lieutenant, and other agency representatives (Border Patrol, ICE, Probation, SDSD, etc). 11. La Mesa Police Department (LMPD) Objective: Raise the level of border security and reduce the threat of trans - national crime by increasing law enforcement presence and special operations in communities and border routes of egress in the Brown Field Station AOR. LMPD will not enforce Title 8 (US Immigration law). LMPD will enforce state law and local ordinances against violators in the target area to help reduce criminal activity associated with alien and drug smuggling. LMPD will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: • Conduct weekly patrol operations with a focus on narcotics traffickers/gangs with a border security nexus. Patrol operations include criminal aliens and cross border smuggling within and passing through the Brown Field Station AOR. Operational hours and workdays to remain flexible as operations dictate. • Conduct up to four special interdiction enforcement operations targeting above utilizing seven officers and one sergeant. 12. National City Police Department (NCPD) Objective: Raise the level of border security and reduce the threat of trans - national crime by increasing law enforcement presence and special operations in communities and border routes of egress in the Imperial Beach Station AOR. NCPD will not enforce Title 8 (US Immigration law). NCPD will enforce state law and local ordinances against violators in the target area to help reduce criminal activity associated with alien and drug smuggling. NCPD will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: • Conduct patrols in and around National City Marina/Boat ramps. • Conduct weekly patrol operations with a focus on narcotics traffickers/gangs with a border security nexus. Patrol operations include criminal aliens and cross border smuggling within and passing through the Imperial Beach Station AOR. Operational hours and workdays to remain flexible as operations dictate. 13. Oceanside Police Department (OPD) Objective: Increase security for immediate coastline from Mission Bay to Orange County Line and deny marine egress routes to smuggling organizations operating in the maritime environment within the San Clemente Station AOR. OPD will not enforce Title 8 (US Immigration law). OPD will enforce state law and local ordinances against violators in target areas to help reduce criminal activity associated with alien and drug smuggling. OPD will utilize OPSG funding for overtime, fuel, mileage, vehicle/vessel maintenance, and equipment in order to support operations as follows: • One vessel with two OPD officers (days and times of shift to be determined during weekly RECOM meetings) patrolling coastal waters and Oceanside Harbor. • In support of above operations; two OPD officers working Iandside in the vicinity of Coast Highway in the City of Oceanside providing coastal observation, prevention, and interdiction of maritime incursions (days and times of shift to be determined during weekly MUC meetings). 14. Los Angeles County Sheriff's Department (LASD) Objective: Raise the level of border security and reduce the threat of border - related crime by increasing law enforcement presence and special operations in rural and coastal areas, communities, and routes of egress throughout the Sector/San Clemente Station AOR. LASD will not enforce Title 8 (US Immigration law). LASD will enforce state law and local ordinances against violators in target areas to help reduce criminal activity associated with alien and drug smuggling. LASD will utilize OPSG funding for overtime and equipment in order to support operations as follows: • Air, Land and Sea patrols (days and times of shift to be determined during bi- weekly Northern RECOM meetings) in the vicinity of San Clemente Island, Catalina Island and adjacent coastal areas within Los Angeles County. • Operations and patrols will be determined by the MAC-G based on intelligence and analysis provided by the MAC Intelligence Community (MAC IC). • Deputies will coordinate efforts through the MAC-G and the Maritime Coordination Center (MCC) and provide coastal observation per MAC IC collection requirements for maritime enforcement assets patrolling the immediate coastline. • Perform coordinated cyclical intelligence based criminal interdiction operations with the MAC-G. • LASD dispatchers and/or Lieutenant grade field operations may be utilized to support high visibility enforcement actions when multiple stakeholders and/or multiple LASD units are engaged and/or while working under the ICS system. • All OPSG operations will report to and de -conflict through the MCC in Long Beach, California, prior to deployment. 15. Orange County Sheriffs Department (OCSD) Objective: Increase security for immediate coastline from Newport Harbor to Dana Point and deny marine egress routes to smuggling organizations operating in the maritime environment within the San Clemente Station AOR. OCSD will not enforce Title 8 (US Immigration law). OCSD will enforce state law and local ordinances against violators in target areas to help reduce criminal activity associated with alien and drug smuggling. Operating within a Memorandum of Understanding with the SDSD and utilizing OPSG funding for overtime, fuel, mileage, vehicle/vessel maintenance, and equipment; OCSD will conduct patrols in order to provide marine law enforcement presence in the County of Orange and coastal waters as follows: • One vessel with two deputies (days and times of shift to be determined during bi-weekly No.RECOM meetings) conducting patrols in and around Newport, Dana Point, and Sunset Harbors. Open ocean patrols will be conducted in coastal waters north to the Los Angeles County border and south to the San Diego County border as intelligence dictates. OCSD marine assets may be utilized farther south as required. • Conduct up to fifteen, six hour helicopter flight operations in support of OCSD/OPSG stakeholder undercover, uniformed, and/or maritime operations. (Days and times of shift to be determined during bi-weekly No.RECOM meetings) • Deputies will coordinate efforts through the MAC-G and the Maritime Coordination Center (MCC) and provide coastal observation per MAC IC collection requirements for maritime enforcement assets patrolling the immediate coastline. • Perform coordinated cyclical intelligence based criminal interdiction operations with the MAC-G. • All OPSG operations will report to and de -conflict through the MCC in Long Beach California, prior to deployment. 16. San Luis Obispo Sheriff's Department Objective: Increase security for immediate coastline and deny marine egress routes to smuggling organizations operating in the maritime environment within the San Clemente Station AOR. San Luis Obispo PD will not enforce Title 8 (US Immigration law). San Luis Obispo PD will enforce state law and local ordinances against violators in target areas to help reduce criminal activity associated with alien and drug smuggling. San Luis Obispo PD will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: • Patrols (days and times of shift to be determined during bi-weekly No.RECOM meetings) in the vicinity of Hwy 101 in the City of San Luis Obispo. Special emphasis on support to maritime enforcement. 17. Ventura County Sheriff's Department Objective: Increase security for immediate coastline and deny marine egress routes to smuggling organizations operating in the maritime environment within the San Clemente Station AOR. Ventura County PD will not enforce Title 8 (US Immigration law). Ventura County PD will enforce state law and local ordinances against violators in target areas to help reduce criminal activity associated with alien and drug smuggling. Ventura County PD will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: • Patrols (days and times of shift to be determined during bi-weekly No.RECOM meetings) in the vicinity of Hwy 101 in the County of Ventura. Special emphasis on support to maritime enforcement. 18. Santa Barbara Sheriff's Department Objective: Raise the level of border security and reduce the threat of border - related crime by increasing law enforcement presence and special operations in rural and coastal areas, communities, and routes of egress throughout the Sector/San Clemente Station AOR. SBSD will not enforce Title 8 (US Immigration law). SBSD will enforce state law and local ordinances against violators in target areas to help reduce criminal activity associated with alien and drug smuggling. SBSD will utilize OPSG funding for overtime and equipment in order to support operations as follows: • Patrols (days and times of shift to be determined during bi-weekly No.RECOM meetings) in the vicinity of Hwy 101 in the City of Santa Barbara. Special emphasis on support to maritime enforcement. 19. California Department of Motor Vehicles (DMV) Objective: Reduce the threat of trans -national criminal enterprise including the manufacture, distribution, and use of fraudulent and/or counterfeit documents. DMV will not enforce Title 8 (US Immigration law). DMV will enforce state law and local ordinances against violators to help reduce criminal activity associated with alien and drug smuggling. DMV Investigators will work in collaboration with the Sector Intelligence Division (SID) to identify, perform link analysis, and investigate organizations that utilize document fraud in furtherance of their criminal enterprise. DMV will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: • DMV Investigators working variable shifts will respond to Sector stations/checkpoints and OPSG partner agencies to identify, perform link analysis, and investigate organizations that utilize document fraud. 20. California Department of Fish and Wildlife Objective: Raise the level of border security and reduce the threat of border - related crime by increasing law enforcement presence and special operations in coastal areas and routes of egress adjacent to the border in the Imperial Beach Station AOR, Wildlife Officers will not enforce Title 8 (US Immigration law). Wildlife Officers will enforce state law and local ordinances against violators in the target area to help reduce criminal activity associated with alien and drug smuggling. CDFW will utilize OPSG funding for overtime, fuel, mileage, vehicle/vessel maintenance, and equipment in order to support operations as follows: • Game wardens will perform coastal patrol (days and times of shift to be determined during weekly RECOM meetings) from the international border to La Jolla and interior patrol in the vicinity of Jamul, Otay Mountain and Proctor Valley. 21. California Highway Patrol (CHP) Objective: Raise the level of border security and reduce the threat of border - related crime by increasing law enforcement presence and special operations in rural areas, communities and routes of egress adjacent to the border throughout the San Diego Sector AOR, including Orange, Los Angeles, Ventura, Santa Barbara, and San Luis Obispo Counties. CHP will not enforce Title 8 (US Immigration law). CHP will enforce state law and local ordinances against violators in the target area to help reduce criminal activity associated with alien and drug smuggling. CHP will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: Sector -Wide- • Road enforcement dedicated task forces at various hours in the vicinity of Interstate 8 between State Route 79 and the Imperial County line. Special emphasis on border egress routes of Kitchen Creek and Crestwood Roads. • Task forces consisting of commercial, canine and auto theft personnel at and around the San Clemente Rest Area with emphasis on commercial traffic waiting to avoid scales and check points during operational hours. • Commercial dedicated task forces patrolling in the vicinity of Otay Lakes Rd, Otay Mesa Rd, Alta Rd, State Route 905, 125 and Interstate 8. • Undercover investigative auto theft task forces in support of other task force operations, routine patrols, fourth waiver searches and allied agency assistance. • Up to twenty one, eight hour fixed wing/helicopter air support missions for special operations (in conjunction with ground personnel) from all OPSG agencies. All OPSG air operations will de -conflict with CBP Air San Diego and notify the San Diego Sector Communications Center (619) 498-9900 prior to flight. 22. California Department of Parks and Recreation Objective: Raise the level of border security and reduce the threat of border - related crime by increasing law enforcement presence and special operations in rural/coastal areas and routes of egress leading from the border in the Imperial Beach and San Clemente Station AORs. State Park Officers will not enforce Title 8 (US Immigration law). Officers will enforce state law and local ordinances against violators in target areas to help reduce criminal activity associated with alien and drug smuggling. California State Parks will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support operations as follows: • Conduct patrols/interdiction to assist in the reduction of alien and drug trafficking through State Parks (coastal enforcement days and times of shift to be determined during weekly RECOM meetings). Special emphasis on support to maritime enforcement. 23. California Department of Corrections, Office of Correctional Safety Objective: Raise the level of border security by identifying and initiating prosecution proceedings for apprehended aliens and border crime -related criminals in violation of probation. California Department of Corrections Officers will screen Border Patrol detainees for probation violators who do not meet federal prosecution guidelines, issue re- arrest orders under Section 1203 of the California Penal Code, and transport and book amenable violators into San Diego County Jail. California Department of Corrections Officers will respond to requesting Sector stations as coordinated by the Sector Career Criminal Unit (CCU). California Department of Corrections Officers will conduct fourth waiver searches of probationers located within the designated targeted areas to ensure compliance with court orders. California Department of Corrections Officers will not enforce Title 8 (US Immigration law). California Department of Corrections Officers will enforce state law against criminal violators in target areas. California Department of Corrections Officers will utilize OPSG funding for overtime in order to support operations as follows: Sector -wide- • California Department of Corrections Officers will perform fourth waiver searches county -wide for individuals with a history of border nexus related crime and case reviews for aliens in custody suspected of probation violation. In addition, officers will develop intelligence -based target lists for field operations within OPSG boundaries. California Department of Corrections Officers may conduct intelligence -driven operations as necessary in collaboration with OPSG partner agencies. Operations described above may be modified in order to facilitate such enforcement efforts within allocated quarterly funds. D. Coordinating Instructions: The San Diego Sector Chief Patrol Agent will have operational oversight and in coordination/collaboration with OPSG stakeholders, will determine which areas will be the focus of operations. The Sector and local participating agencies will be executing a quarterly OPSG operational plan for submission to OBP. San Diego Sector stations will be responsible for OPSG-related enforcement activities and intelligence sharing within their respective AORs. An Incident Command System (ICS) may be utilized to facilitate Sector -wide coordination and monitoring of OPSG activities as warranted during special operations. Sector stations and local/state representatives will ensure daily OPSG activities within their respective AOR are monitored and reported accordingly. Stations will be responsible for reporting OPSG-related intelligence to the Sector Intelligence Unit (SIU) as appropriate. For maritime operations, the MUC will be responsible for the aforementioned requirements. Each participating OPSG agency will have a designated management representative as noted in the Command and Control section of this operational plan. Activity Reporting - At the conclusion of each shift, OPSG state/local law enforcement officers will complete a DAR. The DAR will be submitted via email to Sector Headquarters at: SDCOPSG2008@cbp.dhs.gov and SDSD at: stonegarden@sdsheriff.org. The Sector OPSG Group will be responsible for compiling daily activity reports and SDSD Financial will be responsible for tracking OPSG expenditures. Weekly Activity and After -Action Reports will be completed by the Sector OPSG Group and submitted via email to OBP. The work week for OPSG is Wednesday — Tuesday with weekly reports due to HQ-OBP by COB every Thursday. Information Sharing - All source documents (e.g. arrest reports, citations, field interviews, etc.) will be emailed to SDCOPSG2008@cbp.dhs.gov for evaluation. Items of interest will be developed by the SIU and forwarded to Station Lead Border Patrol Agents (LBPAs), SIG, SDSD CID, LECC, RTTAC, and the Integrated Planning Team for action. Intelligence Products - Intelligence products including mapping, trend analysis, community impact, and target files will be developed via a collaborative effort between the SIU, SDSD CID, RTTAC, and LECC. Performance Metrics- OPSG impact on border security and public safety will be gauged by several mechanisms: • Statistically tracked events such as traffic stops, citations, misdemeanor/felony arrests, and contraband seizures in OPSG target areas • SID evaluation of OPSG effect on targeted criminal organizations and their activities • Third party indicators ascertained via crime statistic analysis and community impact data developed by the LECC IV. ADMINISTRATION/LOGISTICS A. Cost Estimates/Funding Issues: Reimbursement for OPSG participants will be contingent upon approval of this operational plan, developed jointly between OPSG representatives and CBP/Border Patrol. No operations will commence and/or funds drawn prior to plan approval by OBP. The San Diego County Sheriff's Department will be the OPSG Fund Administrator. Funding for each participant will be approved on a case -by -case basis specific to the operational plan. Enforcement efforts and priorities may be shifted accordingly. The State Administrative Agency (SAA) must report Stonegarden obligations/expenditures via the Categorical Assistance Progress (CAPR)/Biannual Strategy Implementation Reports (BSIR) semi-annually and the Financial Status Report (SF-269a) by calendar quarter. Local and state law enforcement agencies shall not utilize OPSG funding to supplant their inherent routine patrol and law enforcement operations in order to perform activities not directly related to increasing border security. Administration/Logistics/ Budget Request Narrative Justification (Computation of Items) Deputy 2-2 person units, 5 days per week, 10 hour shift 200 hours per week x 52 weeks = 10,400 hrs/yr Cost @ $54.51/ hour = $566,904 Resident/Rural Deputy 2-1 person units, 5 days per week, 9 hour shift 90 hours per week x 52 weeks= 4,680 hrs/yr Cost @ $59.58/ hour = $278,834 Sergeant 1 Sergeant, 5 days per week, 10 hour shift 50 hrs per week x 52 weeks = 2,600 hrs/yr Cost @ $65.81/ hour = $171,106 Resident/Rural Sergeant 1 Sergeant, 5 days per week, 10 hour shift 50 hrs per week x 52 weeks = 2,600 hrslyr Cost @ $71.93/ hour = $187,018 Lieutenant 1 Lieutenant, 4 days per week, 10 hour shift 40 hrs per week x 52 weeks = 2,080 hrs/yr Cost @ $77.45/ hour = $161,096 Dispatcher 1 dispatcher, 3 days per week, 8.5 hour shift 25.5 hrs per week x 52 weeks = 1,326 hrs/yr Cost @ $44.971 hour = $59,615 Federal Request $1,424,574 Operational Overtime - San Diego Sheriff's Department - San Diego Probation Department Deputy Probation Officers 2 DPO's x 10 hours x 52 weeks = 1,040 hours Cost @ $ 48.36/hr = $50,294 Senior Probation Officers 1 Sr PO x 10 hours x 52 weeks = 520 hours Cost @ $ 53.33/hr = $27,731 Supervisory Probation Officer 1 SPO x 10 hours x 26 weeks = 260 hrs Cost @ $63.541hr = $16,520 $94,545 - Carlsbad Police Department Officer/Corporal 1 officer x 8 hours x 4shifts/month x 12 months = 390 hrs Cost @ $ 58.74hr = $22,914 Sergeant 1 sergeant x 8 hours x 2.5 shifts/month x 12 months = 240 hrs Cost @ $71.40 hr. = $17,136 $40,050 - Chula Vista Police Department Police Sergeant/Agent/Officer Patrol $231,068 2 officers x 9.5 hours per day x 2 days per week x 52 wks = 1,976 hours Special Ons (Allied Shield' 413 hours Investigator 6 officers x 12 hours /month x 12 months = 864 hours Task force operations 2 officers x 10 hours per month x 12 months= 240 hours Total hours = 3,493 x $64.10 (blended rate) = $231,068 K-9 Handler - $7,140 Administration/Logistics/ Budget Request - Coronado Police Department Narrative Justification (Computation of Items) N/A Federal Request $0 - El Cajon Police Department N/A $0 - Escondido Police Department weekly operations $74,148 Sergeant 1 Sergeant working 9 hour shift x 10 weeks = 90 hours /yr Cost @ $77.93/hour = $7,014 Officers 2 Officers working 10 hour shift x 14 weeks = 280 hrs Cost CO $60.25/hour = $16,870 Monthly operations Lieutenant 1 Lieutenant working 10 hour shift x 7 mos 70 hours/yr Cost @ $86.211hour = $6,035 Sergeant 2 Sergeants working 10 hour shift 7 mos = 140 hours /yr Cost @ $77.93/hour = $10,910 Officers 8 Officers working 10 hour shift x 7 mos = 580 hours/yr Cost @ $60.25/hour = $33,740 - La Mesa Police Department Patrol Ops $80,000 Officer 1 officer x 10 hours per day x 2 days/wk x 52 weeks = 416 hours Cost @ $57.12/hour = $47,524 Sergeant 1 sergeant x 10 hours per day x 52 weeks= 416 hours Cost @ $70.19/hour= $29,199 Interdiction Enforcement Officer 3 officers x 6 hours, 1 ops/quarter x 2 quarters = 36 hours Cost @ $57.12/hour = $2,056 Sergeant 1 sergeant x 6 hours, 1 op/quarter x 2 quarters = 12 hours Cost @ $70.19/hour = $842 Dispatcher 1 dispatcher x 6 hours, 1 op/quarter x 2 quarters = 12 hours Cost @ $40.14/hour = $482 - National City Police Department Corporal/Officer Three personnel x 1 day per week, 10 hour shift = 30 hours per week x 14 weeks =420 hours Cost @ $61.20/hour = $25,704 Lieutenant One person x 10 hrs/day x 3 months =30 hours Cost @ $91.17/hour = $2,735 Sergeant One person x 10 hrs/day x 3 months =30 hours Cost @ $75.21/hour = $2,175 Senior Police Dispatcher/Police Dispatcher One person x 10 hrs/day x 3 months =30 hours Cost @ $53.62lhour = $1,609 $32,223 AdministrationlLogistics/ Budget Request Narrative Justification (Computation of Items) Marl lme Federal Request $68,956 - Oceanside Police Department Officers (Boat) 1 officer x 1 days/week x 8 hr shifts = 8 hrs/week x 32 weeks = 256 hours Cost © 71.99/hour = $18,429 Officers (Land) 1 officer x 1 days/week x 8 hr shifts = 8 hrs/week x 32 weeks = 256 hours Cost © 71.99/hour = $18,429 Sergeant 1 sergeant x 1 days/week x 8 hr shifts = 8 hrs/week x 32 weeks = 256 hours Cost @ 92.38/hour = $23,649 Undercover Officers 4 officers x 4hrs/op x Sops = 80 hours Cost @ 63.96/hour = $5,117 Sergeant 1 officer x 4hrs/op x 5ops = 20 hours Cost @ 82.051hour = $1,641 Task Force Officers 1 officer x 4hrs/op x 5ops = 20 hours Cost @ 63.96/hour = $1,279 - San Diego Harbor Police Department Corporals and/or Officers Two Corporals and/or Officers x 8hr/shift x 2days/wk = 32 hrs/wk x 52 weeks = 1,704 hours Cost $60.09/hour =$102,386 Lieutenants and/or Sergeants Police Sergeant/Lieutenant x 8hr/shift x1 days/wk = 8 hrs/wk x 52 weeks = 416 hours Cost , $78.40/hour=$32,614 $135,000 - San Diego Police Department Police Officer ll }iarbor Unit /Patrol $845,000 2 PO Its x 23 days x 10 hour shift = 460 hours 5 PO Its x 100 days x 10 hour shift = 5,000 hrs Cost @ $61.19/ hour = $334,097 Police Detective 4 Detectives x 100 days x 10 hour shift = 4,000 hrs Cost @ $65.26/hr = $261,120 Police Sergeant Harbor Unit/Patrol 1 Sgt. X 23 days x 10 hour shift = 230 hours 2 Sgts x 100 Days x 10 hour shift = 2,000 hrs Cost @ $73.92/hour = $164,842 Detective Sergeant 1 Sgt x 100 Days x 10 hour shift =1,000 hrs Cost @ $77.62/hr = $77,620 Police Disoatcher 3 Dispatchers x 6 days x 10 hour shift=180 hours Cost@ 39.33/ hour = $7,321 Administration/Logistics/Budget Request Narrative Justification (Computation of Items) N/A Federal Request so - San Diego State University Police Department - LA County Sheriff's Department Personnel includes Deputy, Sergeant and Lieutenant Boat Support $350,000 5 personnel x 9.5 hours x 12 day detail x 4 quarters per year x 1 year= 2,285 hours Cost @$101.00/hr = $230,821 Aircraft Support Sea King 5 personnel x 10 hours x 5 day detail x 4 qrtrs x 1 yr = 1,000 hours Cost = $101/hr = $101,000 Fixed wing support and ASTAR radiation screening 3 personnel x 10 hours x2 day detail x 3 qrtrs x 1 yr = 180 hours Cost @ $101/hr = $18,180 - Orange County Sheriff's Department Harbor Division $134,358 Sergeant 1-1 person unit, 3 days per month, 10 hours per day, 12 months per year =350 hours Cost @ $78.441 hour = $27,447 Deputy Sheriff ll 1-2 person unit, 4 days per month, 10 hours per day, 12 months per year = 942 hrs/yr Cost @ $63.241 hour = $59,572 Air Division Sergeant 1 person paired with Deputy II, 4 days per week, 4 hours/week, 52 weeks per year = 200 hrs/yr Cost @ $78.44/ hour = $15,704 Deputy!! 1 person paired with Sergeant, 5 days per week, 10 hours/week, 52 weeks per year = 500 hrs/yr Cost @ $63.24/ hour = $31,635 - San Luis Obispo County Sheriff's Office Deputy Sheriff 3 deputies x 1 day per week, 8 hour shift = 24 hours per week x 14 weeks = 336 hrs/ yr Cost @ $63.44/ hour = $21,316 Senior Deputy Sheriff 2 senior deputies x 1 day per week, 8 hour shift = 16 hours per week x 14 weeks= 218 hrs/yr Cost @ $69.99/ hour = $15,286 Sergeant 1 sergeant x 1 day per week, 6 hour shift = 8 hours per week x 14 weeks= 109 hrs/yr Cost @ $77.02/ hour = $8,411 $45,013 - Santa Barbara County Sheriff's Office Deputysherlff 3 deputies x 1 day per week, 10 hour shift = 30 hours per week x 14 weeks= 420 hrs/ yr Cost @ $60.17/ hour = $25,271 Senior Deputy Sheriff 2 senior deputies x 1 day per week, 9 hour shift = 18 hours per week x 14 weeks= 252 hrs/yr Cost @ $63.30/ hour = $15,952 Sergeant 1 sergeant x 1 day per week, 9 hour shift = 9 hours per week x 14 weeks = 122 hrs/yr Cost @ $72.00/ hour = $8,777 $50,000 Administration/Logistics/Budget Request Narrative Justification (Computation of Items) Deputy Sheriff 3 deputies x 1 day per week, 9.5 hour shift = 28.5 hours per week x 14 weeks = 395 hrs/ yr Cost @ $63.441 hour = $25,028 Senior Deputy Sheriff 2 senior deputies x 1 day per week, 8 hour shift = 16 hours per week x 14 weeks = 224 hrs/yr Cost @ $69.93/ hour = $15,665 Sergeant 1 sergeant x 1 day per week, 8 hour shift = 8 hours per week x 14 weeks = 112 hrs/yr Cost @ $83.10/ hour = $9,307 Federal Request $50,000 - Ventura County Sheriff's Office - CA Highway Patrol Officer 1 officer x 8 hrs/day x 4 days/wk x 52 wks = 1,664 2 officers x 8 hrs/ day x 4 days/wk x 52 wks = 3,328 = 4,992 hours/year Cost @$67.611hour = $337,509 Flight Officer 2 flight officers x 5 hrs/day x 1 day/week x 52 weeks = 520 hours/ year Cost @$70.641hour = $36,733 Sergeant 1 sergeant x 7 hrs/ day x 2 days per week x52 weeks = 746 hourslyear Cost @$82.22/hour = $61,358 Supervisor Pilot 1 flight supervisor x 2 hrs/ day x 1/wk x 52 weeks = 104 hours/year Cost @$78.96/hour = $8,212 Dispatcher 1 dispatcher x 8 hrs/ day x 4/wk x 52 weeks = 1,665 hours/year Cost @$36.03/hour • $60,000 $503,812 - CA Department of Fish & Wildlife Warden 2 wardens x 5hr/wk x 50 weeks = 500 hrs Cost C $60.00/hour = $30,000 $30,000 - CA Department of Motor Vehicles Investigators 2 Inv x 8hrs/day x 2 days/week x 52 weeks = 1,664 hrs Cost @ $77.871hr = $129,933 $129,933 - California Department of Parks and Recreation Supervisors and/or Officers 2 Supervisors and/or Officers, each working 6 Hr. shifts, 1 days per week x 52 weeks=608 hours Cost @$73.00/hr = $44,355 $44,355 - CA Department of Corrections, Office of Correctional Safety N/A $0 Total Overtime Costs $4,363,035 Adminis ion/Logistics/Budget Request Fringe Benefits for Peace Officers - San Diego Sheriff's Department Narrative ification (Computation of Items) Worker's Comp-4.93% Medicare— 1.45°�° Total Fringe Benefit Rate: 6.38% 6.38% x $1,364,958= $87,084 CC Dispatchers + OASDI 6.2% = 12.58% x $59,6159 = $7,500 Federal Request $94,584 - San Diego Probation Department Workers Comp = $4.32% Medicare= 1.45% Total Fringe Benefit Rate: 5.77% 5.77% x $94,545= $5,455 $5,455 - Carlsbad Po/ice Department Medicare — 1.45% Total Fringe Benefit Rate: 1.45% x $40,050 = $450 $450 - Chula Vista Police Department FICA = 1.45 % 1.45% x $231,068= $3,203 $3,203 - Coronado Police Department N/A $0 - El Cajon Police Department N/A $0 - Escondido Police Department Will not claim fringe benefit $0 - La Mesa Police Department Worker's Comp = 12.57% Medicare= 1.45% Total Fringe Benefit Rate: 14.02% x 580,000 $11,040 - National City Police Department Worker's Comp — 9.73% Medicare — 1.45% Total Fringe Benefit Rate: 11.18% x $30,614 = $3,423 Dispatchers — 5.88% x $1,609 = $95 $3,517 - Oceanside Police Department FICA = 1.45 % x $68,956 $1,044 - San Diego Harbor Police Department Worker's Comp —4.64% FICA — 8.36% Total Fringe Benefit Rate: 13.0% x $135,000 $1 5,000 - San Diego Police Department Will not claim fringe benefit $0 - San Diego State University Police Department N/A $0 - LA County Sheriff's Department Will not claim fringe benefit $0 - Orange County Sheriff's Department Worker's Comp —6.53% Unemployment - .27% FICA —1.45% Total Fringe Benefit Rate: 8.25% x $134,358 $8,487 - San Luis Obispo County Sheriffs Department Worker's Comp — 6.58% Unemployment — 1.6% FICA — 1.45% Medicare — 1.45% Total Fringe Benefit Rate: 11.08% x $45,013 $4,987 - Santa Barbara County Sheriff's Department Will not claim fringe benefit $0 - Ventura County Sheriff's Department Will not claim fringe benefit $0 - CA Highway Patrol Uniform Medicare = 1.45 % x $443,811 =$6,435 Non -Uniform Medicare & OASI — 7.65% x $60,000 = 4,590 $11 188 - CA Department of Fish & Wildlife FICA= 1.45% x $30,000 $780 - CA Department of Motor Vehicles FICA= 1.45% x $129,933 +1,8,74 $3,758 - California Department of Parks and Recreation FICA= 1.45% x $44,355 $645 - CA Department of Corrections, Office of Correctional Safety None requested $0 Total Fringe Benefits Costs $164,138 Administration/Logistics/Budget Request Narrative Justification {Computation of Items) None requested. Federal Request $0 VehicleNessel Maintenance - San Diego Sheriff's Department - Oceanside Police Department Hrs Used Yearly: 1, 600 = $21.88/hour Hrs per shift = 9 x $21.88/hr = $196.88/shift # of shifts per year = 76 X $196.88 $15,000 - Orange County Sheriff's Department SAFE Boat Maintenance Costs 9.5% of the vessel original cost: $354,968 x 10% $33,722 Total Vehicle Maintenance Costs $48,722 Equipment Maintenance - San Diego Sheriff's Department Monthly 800mhz (RCS) user fee $90,255 $26.50 per unit per month x 66 radios = $21,000 GPS Trackers Monthly Service Fees $50.00 per month x 54 units= $33,255 Cellebrite/Pentinik Annual Service Fees = $3,000 Surveillance Van Aircard = $1,000 IB IR camera yearly maint =$30,000 - CA Department of Motor Vehicles Monthly 800mhz user fee $6,309 $26.50 per unit per month x 12 radios x 20months Total Equipment Maintenance Costs $96,564 New Equipment No equipment requested Total Equipment Costs $0 Fuel - Oceanside Police Department Gallons per shift @ 70 x $4.75/gallon = $333 /shift 2 shifts pr week x 45 weeks = 45 shifts $15,000 - San Diego Harbor Police 2 engines X 10 hours X 1 day X 8 gallons/hour X $4.50/gallon X 52 weeks $48,000 - Orange County Sheriff's Department Harbor Division Safe Boat Fuel Costs $5.09/gallon x 15 gal/hr x 10 hr/op x 55 ops/yr $42,000 Total Fuel Costs $105,000 Mileage - San Diego Sheriff's Department 207,696 miles x $.555/mile $115,271 - Carlsbad Police Department 8,108 miles x $.555/mile $4,500 - Chula Vista Police Department 118,431 miles x $.555/mile $65,729 - La Mesa Police Department 8,072 miles x 2 vehicles x $.555/mile $8,960 - National City Police Department 50.5 miles x 48 shifts x$.555/mile $1,346 - San Diego Harbor Police Department 1 patrol vehicle X 3 days/month X 100 miles/vehicle X 12 months = 3,600 miles x $.555/mile $2,000 - San Diego Police Department 505 shifts x 125 mi/shift = 63,063 mi/yr x $.555/mi $35,000 - CA Highway Patrol 81,081 miles per year x $.555 /mile $45,000 Total Mileage Costs $277,806 Flight Costs - Orange County Sheriff's Department 10 flight hours/wk x 10 weeks x $650.00/hr $65,000 - CA Highway Patrol A-61 or A-63 Aircraft 33 Operations x 4 hours = 131flight hours x $125.07/ hour = $16,384 H-60 Aircraft 52 Operations x 4 hours = 131 flight hours x $562.94/ hour = $73,745 $90,000 Total Flight Costs $155,000 Management & Administration - San Diego Sheriff's Departmenf GRAND TOTAL (YEAR 1) Cost estimate for student worker $40,400 $5,250,665 B. Travel: Not Applicable. C. Lodging: Not Applicable. D. Reception of Detailed Personnel: Not Applicable. E. Uniform and Equipment: As prescribed by the participating state and local agencies' chains of command. F. Special Equipment: Not Applicable. G. Alien Processing: Individuals in custody determined to be undocumented aliens will be turned over to the Border Patrol for processing and disposition unless otherwise specified (e.g. those individuals wanted for state crimes). Seized contraband will be processed in accordance with existing federal, state, and local policies. The management of state felony warrant suspects in CBP/Border Patrol custody will be in accordance with existing agreements between the Sector and local agencies. H. Medical: Medical emergencies will be managed by individual participating agencies in accordance with existing policies and practices. Mercy Air EMERGENCY (800) 222-3456 OFFICE (619) 448-1412 Mercy Air will be coordinated with the Thomas Bros. Map Book and will use CLEMARS VHF/UHF. UCSD Medical Center (Trauma) 200 West Arbor San Diego, Ca. 92103 (619) 543-6222 Thomas Guide 2008, San Diego County, Page 1269 Grid A-4 Sharp Memorial Hospital (Trauma) 7901 Frost Street San Diego, CA 92123 (858) 939-3400 Thomas Guide 2008, San Diego County, Page 1249/Grid B-5. I. Detention/Transportation: Participating agencies will be responsible for coordinating illegal alien detention/transportation with the Border Patrol Station within whose AOR they are operating. Maritime -related apprehensions will be coordinated through the MUC. J. Vehicles: Local and state law enforcement vehicles will be used in support of this operation. Participating agencies will be responsible for the fuel and maintenance of their vehicles. Fuel, mileage, and maintenance costs may be reimbursed in whole or in part for those vehicles utilized in OPSG-related operations. V. COMMAND/CONTROL/COMMUNICATION A. Chain of Command: Participating agencies will maintain their individual chains of command as dictated by internal policies and guidelines. Border Patrol -San Diego Sector Chief Patrol Agent Paul Beeson Deputy Chief Patrol Agent Rodney Scott Director of Strategic Operations Sammie Anderson OPSG Rep: Supervisory Border Patrol Agent Joseph Jones (619)216-4000 Maritime Unified Command (MUC) (A)Field Operations Supervisor Christian Stone (619)628-2914 Central California Maritime Agency Coordination Group (CenCaIMAC) Supervisory Border Patrol Agent Javier Montano (619)430-5300 San Diego County Sheriffs Department Sheriff William Gore OPSG Rep: Cmdr. David Myers (858)656-5200 San Diego County Probation Department Chief Probation Officer Mack Jenkins OPSG Rep: Supervising Probation Officer Alejandro Zermeno (858)514-3200 San Diego Police Department Chief William Lansdowne OPSG Rep: Sgt. Wesley Albers (858)650-3600 San Diego Harbor Police Chief John Bolduc OPSG Rep: Lt. Kirk Nichols (619)686-6570 San Diego State University Police Department Chief John Browning OPSG Rep: Capt. Lamine Secka (619)594-7903 Carlsbad Police Department Chief Gary Morrison OPSG Rep: Sgt. Jeff Chapman (760)931-2166 Chula Vista Police Department Chief David Bejarano OPSG Rep: Lt. Eric Thunberg (619)691-5151 Coronado Police Department Chief Lou Scanlon OPSG Rep: Cmdr. Lazio Waczek (619)522-7354 El Cajon Police Department Chief Jim Redman OPSG Rep: Capt. Jeff Davis (619)441-1561 Escondido Police Department Acting Chief Cory Moles OPSG Rep: Capt. Robert Benton (760)839-4722 La Mesa Police Department Chief Ed Aceves OPSG Rep: Lt. David Bond (619)667-1412 National City Police Department Chief Adolfo Gonzalez OPSG Rep: Lt. Lanny Roark (619)336-4524 Oceanside Police Department Chief Frank McCoy OPSG Rep: Lt. Lee Steitz (760)435-4450 Los Angeles County Sheriffs Department Sheriff LeRoy D. Baca OPSG Rep: Jack Ewell (323)881-7823 Orange County Sheriffs Department Sheriff Sandra Hutchens OPSG Rep: Sgt. David Ginther (714)647-1800 San Luis Obispo County Sheriffs Office Sheriff Ian Parkinson OPSG Rep: Cmdr. Jim Taylor (805)440-3288 Santa Barbara County Sheriffs Office Sheriff Bill Brown OPSG Rep: Lt. Steve Robel (805)681-4280 Ventura County Sheriffs Office Sheriff Geoff Dean OPSG Rep: Capt. Curt Rothschiller (805)947-8323 California Department of Motor Vehicles Chief Frank Alvarez, Investigations Division OPSG Rep: Theodora Claudio (619)718-7892 California Department of Fish and Wildlife Assistant Chief Dan Sforza OPSG Rep: Capt. Angel Raton (949) 249-0341 California Highway Patrol Chief Jim Abele (Border Division) OPSG Rep: Capt. Tim Lepper (858)650-3600 Califomia Department of Parks and Recreation Chief Clay Phillips OPSG Rep: Officer Erik Burgan (760)415-1683 California Department of Corrections, Office of Correctional Safety Chief Anthony Chaus (Office of Correctional Safety) OPSG Rep: Steve Cornwell (619)220-5440 B. Unit Command: Border Patrol Stations Boulevard Station PAIC Michael Doolittle OPSG Rep: SBPA Jose Ortiz (619) 766-4773 Brown Field Station (A)PAIC Ann M. Summers OPSG Rep: FOS Richard Haynes (619) 661-3140 Campo Station PAIC Wayne Jackson OPSG Rep: (619) 938-8700 Chula Vista Station PAIC Daniel Parks OPSG Rep: SBPA Jason Petris (619)498-9700 El Cajon Station PAIC Timothy Heck OPSG Rep: SBPA Chris Vanwagenen (619) 258-4500 Imperial Beach Station PAIC Gregory Bovino OPSG Rep: SBPA Edward Caliri (619) 628-2900 Murrieta Station PAIC Walter Davenport OPSG Rep: FOS Rob Chavez (951) 816-3000 San Clemente Station PAIC Alfaro Gonzalez OPSG Rep: FOS Jason Liebe (760) 430-5300 C. Communication Details: Communication protocol will be managed in accordance with each participant agency's existing policy. OPSG communications will be monitored and, as necessary, coordinated by the ICS when active. D. Map Coordinates: Notes: Degrees : Minutes : Seconds Decimal Location Zone: ANNEX A. Administration Annex: Longitude Latitude 0:0:0 0:0:0 -116.96111 32.65583 The San Diego County Sheriffs Department will be the OPSG Fiscal Administrator. Each OPSG participant's funds will be approved on a case -by -case basis specific to the quarterly operational plan. The San Diego Sector Chief Patrol Agent in coordination with the OPSG IPT will determine which areas will be the focus of operations and may shift enforcement efforts and priorities accordingly. Operational plans may be amended as necessary. State and local law enforcement agencies shall not use OPSG funding to supplant their inherent routine patrol and law enforcement operations in order to perform activities not directly related to increasing border security. B. Execution Annex: None. C. Communication Annex: Each participating agency will identify unit command and liaison personnel prior to implementation of the plan. Media Action Plan: All Border Patrol inquiries will be directed to the San Diego Sector Information and Communications Division (619) 216-4182. State/Local agencies will manage media inquiries as indicated by their individual departmental policies. Legal Review: This operational plan has been reviewed for legal sufficiency by CBP Office of Assistant Chief Counsel. Risks: No risks have been associated with this Op Order. Low No controls to be implemented. Low Photos: No photos have been associated with this Op Order. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2nd, 2013 AGENDA ITEM NO.8 ITEM TITLE: Warrant Register #35 for the period of 02/20/13 through 02/26/13 in the amount of $1,391,557,13. (Finance) PREPARED BY: 'K. Apalategi4 DEPARTMENT: Fln PHONE: 1619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 02/20/13 through 02/26/13 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation City of San Diego 306167 1,215,954.00 Wastewater Transportation & Sewer Treatment Harris & Associates 306180 55,072.40 8th Street Smart Growth Project FINANCIAL STATEMENT: ACCOUNT NO. N/AN APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,391,557.13 BOARD / COMMISSION RECOMMENDATION: IN/A) '>,TTACHMENTS: Narrant Register #35 PAYEE KANE BALLMER & BERKMAN SDG&E A-1 HYDRAULICS SERVICE INC ACE UNIFORMS & ACCESSORIES INC ACOSTA, M ADAMSON POLICE PRODUCTS ALL FRESH PRODUCTS ALTA PLANNING & DESIGN, INC. AMERICAN BACKFLOW SPECIALTIES AT&T MOBILITY AUSTIN DOORS BEST BEST & KRIEGER LLP BUREAU VERITAS N AMERICA INC CAL EXPRESS CISSEL, J CITY OF SAN DIEGO COUNTY OF SAN DIEGO INTY OF SAN DIEGO .LINTY OF SAN DIEGO . aLEY & HEFT LLP DANIELS TIRE SERVICE DEPARTMENT OF JUSTICE DISCOUNT SCHOOL SUPPLY BENEDEK, E ESGIL CORPORATION FEDEX GRANICUS INC GREEN MECHANICAL CONTRACTORS HARRIS & ASSOCIATES INC HERNANDEZ, R HONEYWELL INTERNATIONAL INC KNIGHT, J KNIGHT, J JERAULDS CAR CARE CENTER KIMLEY HORN AND ASSOC INC KREPPS, B KTU&A LEARNSOFT LEXIS NEXIS LOPEZ, F LOPEZ, S ""TRO AUTO PARTS DISTRIBUTOR A AUTO PARTS WARRO, M NETAPP PUBLIC SECTOR NEXUS IS INC O'REILLY AUTO PARTS ORIENTAL TRADING CO INC WARRANT REGISTER # 35 2/26/2013 DESCRIPTION LEGAUSUCCESSOR AGENCY OPERATIONS GAS AND ELECTRIC UTILITIES ATHY MOBILE SWEEPER UNIT #M-9D #1285 PANTS, OD GREEN, OD SS INSURANCE SETTLEMENT VEST / POLICE FOOD / NUTRITION CENTER ADA TECHNICAL ASSISTANCE PURCHASE OF BACKFLOWS, GAUGES, PARTS SECURE WIRELESS CIRCUIT / PD REPAIR ROLL -UP DOOR LEGAL SVC THROUGH JAN 31, 2013 SAFE ROUTES TO SCHOOL PROJECT HAMEL FILING - JAN 2013 TRAINING: 2013 CA PARKS/RECREATION CONF WASTEWATER TRANSPORTATION/TREATMENT SD SHARE OF PC REV - JAN 2013 RCS COMMUNICATIONS MAINTENANCE MAIL PROCESSING SERVICES LIABILITY CLAIM COSTS 235/55R17 98W S2 EAG RS-A VSBTL INVESTIGATIVE SERVICES - JAN 2013 1 SET OF 6 BOARD GAMES- YANTZEE, REIMBURSEMENT -PARAMEDIC RECERTIFICATION PLAN CHECK SERVICES / FIRE SPECIAL HANDLING CHGS GRANICUS WEBCAST SERVICE / MIS HVAC REPAIRS 8TH ST. SMART GROWTH CORRIDOR REIMBURSEMENT- CUPA CONFERENCE LABOR HVAC REPAIRS TRAVEL EXPENSE-AELE LAW ENFORCEMENT MILEAGE REIMBURSEMENT- PALM SPRINGS VALVE COVER GASKET SANDAG SMART GROWTH PLANNING GRANT REIMBURSEMENT- EDUCATIONAL NATIONAL CITY SMART FOUNDATION OFFICE 2010 TECHNICAL MIGRATION ONLINE LEGAL RESEARCH / JAN 2013 INSURANCE SETTLEMENT INSURANCE SETTLEMENT MOP 75943 AUTO PARTS MOP 45735 AUTO PARTS INSURANCE SETTLEMENT NETWORK APPLIANCE STORAGE SUPPORT SVC0058406/SVC0058684 PHONE MOVES MOP 75877 AUTO PARTS 1 UN- MARSHMALLOW TAILS- CHK NO DATE AMOUNT 306152 2/26/13 982.45 306153 2/26/13 217.36 306154 2/26/13 2,519.90 306155 2/26/13 98.10 306156 2/26/13 60.00 306157 2/26/13 4,564.92 306158 2/26/13 445.17 306159 2/26/13 320.00 306160 2/26/13 615.61 306161 2/26/13 1,198.38 306162 2/26/13 385.00 306163 2/26/13 427.50 306164 2/26/13 1,610.00 306165 2/26/13 42.00 306166 2/26/13 203.80 306167 2/26/13 1,215,954.00 306168 2/26/13 11,784.88 306169 2/26/13 9,434.00 306170 2/26/13 2,615.77 306171 2/26/13 8,959.52 306172 2/26/13 642.65 306173 2/26/13 384.00 306174 2/26/13 161.25 306175 2/26/13 200.00 306176 2/26/13 536.55 306177 2/26/13 30.80 306178 2/26/13 1,477.35 306179 2/26/13 562.50 306180 2/26/13 55,072.40 306181 2/26/13 158.09 306182 2/26/13 353.25 306183 2/26/13 285.13 306184 2/26/13 146.75 306185 2/26/13 3,147.34 306186 2/26/13 15,443.79 306187 2/26/13 1,000.00 306188 2/26/13 5,820.00 306189 2/26/13 1,650.00 306190 2/26/13 427.38 306191 2/26/13 40.00 306192 2/26/13 40.00 306193 2/26/13 214.79 306194 2/26/13 1.80 306195 2/26/13 40.00 306196 2/26/13 4,950.00 306197 2/26/13 760.00 306198 2/26/13 38.14 306199 2/26/13 262.74 PAYEE ORION SAFETY PRODUCTS PACIFIC AUTO REPAIR PERRY FORD PRO BUILD PRO GEAR PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY RAMIREZ, L RED WING SHOES RELIABLE TIRE CO REYES, M ROAD ONE TOWING SAFRAN MORPHOTRUST SAN DIEGO TROLLEY INC SANCHEZ, M SEAPORT MEAT COMPANY SEPULVEDA, A SHERRILL INC SLETTENGREN, I SMART SOURCE OF CA LLC SONRISE ELECTRIC INC SOSAMON, M SOUTH BAY MOTORSPORTS SOUTH COAST EMERGENCY SPARKLETTS STAPLES ADVANTAGE SWEETWATER AUTHORITY SYSCO SAN DIEGO TARGET SPECIALTY PRODUCTS THE COOLING STORE THE LIGHTHOUSE INC THOMSON WEST UNITED PARCEL SERVICE UNITED ROTARY BRUSH VERIZON WIRELESS WILLY'S ELECTRONIC SUPPLY WARRANT REGISTER # 35 2/26/2013 DESCRIPTION FUSES SMOG CERTIFICATION/REPAIRS R&M CITY VEHICLES MOP 45707 CONTRACTOR HOSE BEARING LM603012 KNIFE SHARPENING SVCS / NUTRITION MOP 45742. LAUNDRY SERVICES / NSD LIABILITY CLAIM COSTS 105 OXFORD, BROWN OBLIQUE SAFETY 87 PASSENGER @ $1.50 EA INSURANCE SETTLEMENT TOW FEES INVESTIGATIVE SVCS - JANUARY 2013 TROLLEY FLAGGING SERVICES / MIS INSURANCE SETTLEMENT FOOD / NUTRITION CENTER INSURANCE SETTLEMENT ADJUSTABLE CHAINSAW SCABBARD #14828 INSURANCE SETTLEMENT MOP 63845 BUSINESS CARDS-DEESE REPLACE WIRELESS RECEIVER AND SET UP REIMBURSEMENT- PARAMEDIC RECERTIFICATION SHIPPING CHARGES RAMCO MIRROR PIE-1549735 DRINKING WATER / COUNCIL MOP 45704 OFFICE SUPPLIES-COMM SVCS FACILITIES WATER BILL SUPPLIES / NUTRITION CENTER DISC AQUAMASTER (2.5 GAL) #6 FITTINGS MOP 45726 AUTO PARTS ONLINE LEGAL RESEARCH FOR FY13 UPS SHIPMENT SWEEPER REPAIRS WIRELESS PHONE SERVICE MOP 45763. ELECTRICAL SUPPLIES / MIS GRAND TOTAL CHK NO DATE AMOUNT 306200 2/26/13 1,449.89 306201 2/26/13 528.49 306202 2/26/13 1,630.39 306203 2/26/13 90.23 306204 2/26/13 497.92 306205 2/26/13 46.00 306206 2/26/13 28.96 306207 2/26/13 5,250.00 306208 2/26/13 125.00 306209 2/26/13 195.50 306210 2/26/13 40.00 306211 2/26/13 240.00 306212 2/26/13 26.00 306213 2/26/13 75.46 306214 2/26/13 40.00 306215 2/26/13 748.65 306216 2/26/13 40.00 306217 2/26/13 185 306218 2/26/13 31 306219 2/26/13 3 306220 2/26/13 380.00 306221 2/26/13 200.00 306222 2/26/13 920.38 306223 2/26/13 857.11 306224 2/26/13 11.56 306225 2/26/13 676.28 306226 2/26/13 11,189.68 306227 2/26/13 1.997.44 306228 2/26/13 188.44 306229 2/26/13 985.69 306230 2/26/13 344.63 306231 2/26/13 1,347.41 306232 2/26/13 22.58 306233 2/26/13 398.67 306234 2/26/13 4,036.16 306235 2/26/13 135.98 AIP Total 1,391,557.13 $ 1,391,557.13 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. (-1(1/ -- MARK ROBE TS, FINA CE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 2"d OF APRIL, 2013. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT EETING DATE: April 2nd, 2013 AGENDA ITEM NO. 131 ITEM TITLE: ;Warrant Register #36 for the period of 02/27/13 through 03/05/13 in the amount of $2,715,968.02. (Finance) PREPARED BY: IK. Apalategui PHONE: 619-336-4331 EXPLANATION: DEPARTMENT: F`z��c( APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period of 02/27/13 through 03/05/13 The Finance Department has implemented a policy explanation Vendor Check Amount Basile Construction 306250 63,710.50 Health Net Inc Kaiser Foundation eublic Emp Ret System Retail Opportunity 306297 306305 306348 306353 61,667.79 161,838.97 275,198.05 84,440.00 of all warrants above $50,000.00 Explanation 8th Street Underground & Sewer Replacement Health Insurance — March 2013 Insurance Active — March 2013 Retirement Insurance / Period 02/5/13 — 02/18/13 Refund deposit #1747 T&A FINANCIAL STATEMENT: ACCOUNT NO. I N/A APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review ORDINANCE: INTRODUCTION: FINAL ADOPTION: ' 1 Fina�Fina MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $2,715,968.02 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: arrant Register #36 PAYEE COUNTY OF SAN DIEGO MAZZARELLA LORENZANA LLP POWER PLUS 1800-RADIATOR ABCANA INDUSTRIES ABNEY, P ACEDO, I AEP CALIFORNIA LLC ALL FRESH PRODUCTS ALLEN, R ANDERSON, E ASPHALT & CONCRETE SPECIALIST ASSI SECURITY INC BANK OF AMERICA PUBLIC & BASILE CONSTRUCTION BEARD, P BECK, L PulDLE CONSULTING GROUP OP, R EGLER, C BOYD, P BRENNTAG PACIFIC INC BRIAN COX MECHANICAL INC BUREAU VERITAS N AMERICA INC CAPF CALBO CALIFORNIA COMMERCIAL SECURITY CALIFORNIA LAW ENFORCEMENT CALIFORNIA REDEVELOPMENT CASP PROGRAM CHODUR, P CITY NATIONAL BANK CITY OF NATIONAL CITY CLAIMS MANAGEMENT ASSOCIATES CONDON, D CORPUZ, T DANESHFAR, Z DATA TICKET INC DELTA CARE USA DELTA DENTAL DESROCHERS, P DI CERCHIO, A 'SION 8 INCORPORATED .AX ENGINEERING EDGE, J DUNBAR ARMORED INC EISER III, G EMPLOYMENT DEVELOP DEPT FABINSKI, D WARRANT REGISTER #36 3/5/2013 DESCRIPTION TRUST ACC 12-J-H23772-005 LEGAL / ROSENOW, SPEVACEK GROUP POWER / AQUATIC CENTER RADIATOR 2157V0 HYDROCHLORIC ACID, DRY CHLORINE REIMBURSEMENT - ARREST COURSE RETIREE HEALTH BENEFITS/MAR 2013 ITEM #VM-11S, UNIVERSAL FLEX MOUNT FOOD / NUTRITION CENTER RETIREE HEALTH BENEFITS/MAR 2013 RETIREE HEALTH BENEFITS/MAR 2013 REFUND -DEPOSIT #1803-1000 BAY MARINA DR INSTALL NEW CARD READERS / POLICE CAT LOADER EQUIP LEASE PMT #28 8TH ST. UNDERGROUNDING REPLACEMENT RETIREE HEALTH BENEFITS/MAR 2013 RETIREE HEALTH BENEFITS/MAR 2013 PROMOTIONAL ACTIVITIES RETIREE HEALTH BENEFITS/MAR 2013 RETIREE HEALTH BENEFITS/MAR 2013 RETIREE HEALTH BENEFITS/MAR 2013 BULK CHLORINE NC REPAIRS, SERVICES 4TH & U, 30TH & F PEDESTRIAN IMPROVEMENT FIRE/LTD MARCH 2013 ANNUAL MEMBERSHIP DUES MOP 45754 R&M BUILDINGS PD/LTD - MARCH 2013 MEMBERSHIP DUES GASP APPLICATION REVIEW FEE REIMBURSEMENT OF DEPOSIT LEASE WITH OPTION TO PURCHASE #10-005 PETTY CASH REPLENISHMENT-JAN 2013 LIABILITY CLAIMS SERVICES / FEB 2013 RETIREE HEALTH BENEFITS/MAR 2013 RETIREE HEALTH BENEFITS/MAR 2013 RETIREE HEALTH BENEFITS/MAR 2013 APPEALS, ON-LINE ACCESS / JAN 2013 PM! COBRA DENTAL INS - JAN 2013 DENTAL INS - MARCH 2013 RETIREE HEALTH BENEFITS/MAR 2013 RETIREE HEALTH BENEFITS/MAR 2013 GLASS & WINDOW REPLACEMENT STORMWATER SERVICES RETIREE HEALTH BENEFITS/MAR 2013 ARMORED SERVICES / FINANCE RETIREE HEALTH BENEFITS/MAR 2013 UNEMPLOYMENT INS REIMBURSABLE BENEFIT RETIREE HEALTH BENEFITS/MAR 2013 CHK NO DATE AMOUNT 306236 3/5/13 1,420.00 306237 3/5/13 1,815.00 306238 3/5/13 195.00 306239 3/5/13 115.54 306240 3/5/13 434.45 306241 3/5/13 142.55 306242 3/5/13 160.00 306243 3/5/13 978.35 306244 3/5/13 1,899.55 306245 3/5/13 125.00 306246 3/5/13 110.00 306247 3/5/13 500.00 306248 3/5/13 2,250.00 306249 3/5/13 3,077.02 306250 3/5/13 63,710.50 306251 3/5/13 70.00 306252 3/5/13 140.00 306253 3/5/13 5,067.13 306254 3/5/13 110.00 306255 3/5/13 260.00 306256 3/5/13 145.00 306257 3/5/13 1,034.15 306258 3/5/13 1,161.00 306259 3/5/13 1,562.50 306260 3/5/13 592.00 306261 3/5/13 250.00 306262 3/5/13 1,162.72 306263 3/5/13 2,009.00 306264 3/5/13 1,250.00 306265 3/5/13 500.00 306266 3/5/13 948.00 306267 3/5/13 43,101.10 306268 3/5/13 68.88 306269 3/5/13 4,965.00 306270 3/5/13 280.00 306271 3/5/13 140.00 306272 3/5/13 250.00 306273 3/5/13 3,478.25 306274 3/5/13 71.03 306275 3/5/13 13,417.96 306276 3/5/13 110.00 306277 3/5/13 70.00 306278 3/5/13 3,280.00 306279 3/5/13 37,754.61 306280 3/5/13 250.00 306281 3/5/13 148.10 306282 3/5/13 250.00 306283 3/5/13 3,253.00 306284 3/5/13 220.00 PAYEE FAULKNER, D G8 DEVELOPMENT G8 DEVELOPMENT GELSKEY, K GIBBS JR, R GONZALES, M DELGADO HAMILTON MEATS & PROVISIONS HANSON, E HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HEALTH NET INC HODGES, B IRON MOUNTAIN JAMES, R TAYLOR JJJ ENTERPRISES JUNIEL, R KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KHADAR TUKALE KIMBLE, R KIMLEY HORN AND ASSOC INC KONICA MINOLTA LANDA, A LIMFUECO, M LOPEZ, M LOPEZ, T MALDONADO, J MATIENZO, M MC CABE, T MEDINA, R METRO FIRE & SAFETY MEYERS/NAVE LAW CORP MUNOZ, E MURRAY, J MYERS, B MYSTAIRE INC. NBS NOSAL, W NOTEWARE, D OCHOA, I PACIFIC AUTO REPAIR PALM ENGINEERING WARRANT REGISTER #36 3/5/2013 DESCRIPTION REIMBURSEMENT -ICI ADV CHILD ABUSE INVEST REFUND OF C&D FEES PERMIT#2012-2581 REFUND OF C&D FEES - PERMIT#2012-2581 RETIREE HEALTH BENEFITS/MAR 2013 RETIREE HEALTH BENEFITS/MAR 2013 REIMBURSEMENT -FIELD TRAINING OFFICER REFUND - NC1120305014 OVERPAYMENT FOOD / NUTRITION CENTER RETIREE HEALTH BENEFITS/MAR 2013 HEALTH -FULL NETWORK - MARCH 2013 HEALTH NET - FEB & MAR 2013 HEALTHNET INS - MARCH 2013 HEALTH INS - MARCH 2013 HEALTH INS - MARCH 2013 RETIREE HEALTH BENEFITS/MAR 2013 RECORDS & DOCUMENT STORAGE RETIREE HEALTH BENEFITS/MAR 2013 REIMB - GANG INVESTIGATIONS ICI UNFORESEEN ALARM MONITORING RETIREE HEALTH BENEFITS/MAR 2013 INS ACTIVE - MARCH 2013 RET INS - MARCH 2013 GRP #104220-03 INS HD HSA ACTIVE - MARCH 2013 RET INS -COBRA - JAN 2013 GRP#104220-7002 INS ACTIVE - FEB 2013 REFUND-NC4121207014 DISMISSED RETIREE HEALTH BENEFITS/MAR 2013 SMART GROWTH GRANT, HIGHLAND AND PLAZA COPIER EQUIPMENT LEASE RETIREE HEALTH BENEFITS/MAR 2013 RETIREE HEALTH BENEFITS/MAR 2013 LIABILITY CLAIM COSTS TRANSLATION SERVICES FOR FY13 RETIREE HEALTH BENEFITS/MAR 2013 RETIREE HEALTH BENEFITS/MAR 2013 RETIREE HEALTH BENEFITS/MAR 2013 RETIREE HEALTH BENEFITS/MAR 2013 5LB DRY CHEMICAL / FIRE PROFESSIONAL SERVICES REFUND - CITATION P60254 OVERPAYMENT RETIREE HEALTH BENEFITS/MAR 2013 RETIREE HEALTH BENEFITS/MAR 2013 CHEMISORPTIVE CARBON FILTER COST ALLOCATION PLAN RETIREMENT SETTLEMENT 1 MAR 2013 RETIREE HEALTH BENEFITS/MAR 2013 RETIREE HEALTH BENEFITS/MAR 2013 MOP 72448 R&M AUTO EQUIPMENT CITYWIDE SAFE ROUTES TO SCHOOL CHK NO DATE 306285 3/5/13 306286 3/5/13 306287 3/5/13 306288 3/5/13 306289 3/5/13 306290 3/5/13 306291 3/5/13 306292 3/5/13 306293 3/5/13 306294 3/5/13 306295 3/5/13 306296 3/5/13 306297 3/5/13 306298 3/5/13 306299 3/5/13 306300 3/5/13 306301 3/5/13 306302 3/5/13 306303 3/5/13 306304 3/5/13 306305 3/5/13 306306 3/5/13 306307 3/5/13 306308 3/5/13 306309 3/5/13 306310 3/5/13 306311 3/5/13 306312 3/5/13 306313 3/5/13 306314 3/5/13 306315 3/5/13 306316 3/5/13 306317 3/5/13 306318 3/5/13 306319 3/5/13 306320 3/5/13 306321 315/13 306322 3/5/13 306323 3/5/13 306324 3/5/13 306325 3/5/13 306326 3/5/13 306327 3/5/13 306328 3/5/13 306329 3/5/13 306330 3/5/13 306331 3/5/13 306332 3/5/13 306333 3/5/13 AMOUNT 87.27 521.00 521.00 115.00 120.00 124.73 100.00 422.75 135.00 5,377.98 1,259.02 525.07 61,667.79 899.34 200.00 142.00 140.00 159.88 1,8: 161,8: 12,903.45 3,219.57 1,379.58 1,145.10 60.00 300.00 22,450.79 663.11 155.00 160.00 750,00 140.00 130.00 100.00 280.00 105.00 40.00 1,100.00 10.00 150.00 140.00 8,991 '5 1,1; 1,5( 12v. vv 125.00 439.85 10,027.25 PAYEE PAUU JR, P PEASE JR, D PERRY FORD PETERS, S PHILLIPS, W PINTOR, N PORTER, M POST, R POTTER, C POWERSTRIDE BATTERY CO INC PRO BUILD PRO STREET LIGHTING INC. PROGRESSIVE SOLUTIONS INC PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RAUCH DETISCH & STEINKE RAY ALLEN MFG INC "Y, S IKOP, B TAIL OPPORTUNITY ROARK, L ROE, V RUIZ, J S D COUNTY CITY CLERKS ASSOC SANDOVAL, S SDG&E SEAPORT MEAT COMPANY SERVATIUS, J SHORT, C SIERRA CONTRACTING SOUTH BAY WINDOW & GLASS CO STACK TRAFFIC CONSULTING INC STAPLES ADVANTAGE STILES, J STRASEN, W SYSCO SAN DIEGO THE LINCOLN NATIONAL LIFE INS THE SOCO GROUP, INC. TOM MOYNAHAN TRIVIZ, R U.S. HEALTHWORKS URIAS, N 1 EMERGENCY ANIMAL HOSPITAL ,ION INTERNET PROVIDERS _ .3TA PAINT WALTER PATTERSON WAXIE SANITARY SUPPLY WESTAIR GASES & EQUIPMENT INC WILLY'S ELECTRONIC SUPPLY WARRANT REGISTER #36 3/5/2013 DESCRIPTION RETIREE HEALTH BENEFITS/MAR 2013 RETIREE HEALTH BENEFITS/MAR 2013 MOP 45703 R&M AUTO EQUIPMENT RETIREE HEALTH BENEFITS/MAR 2013 REIMBURSEMENT - TASER INSTRUCTOR REFUND- CITATION P61549 REFUND-NC4121219012 WAS REDUCED RETIREE HEALTH BENEFITS/MAR 2013 RETIREE HEALTH BENEFITS/MAR 2013 PS70-675 BATTERY / PW MOP 45707 LADDER REMOVE & INSTALL 3DIGIT NUMBERS MAG STRIPE/CREDIT CARD READER MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 02/5/13 - 02/18/13 INV#10071- PLAZA BLVD WIDENING PROJECT BLACK LEATHER AGITATION MUZZLE/PD RETIREE HEALTH BENEFITS/MAR 2013 INTERVIEW & INTERROGATION FOR PATROL REFUND DEPOSIT #1747-VALLARTA SHOPPING RETIREE HEALTH BENEFITS/MAR 2013 RETIREE HEALTH BENEFITS/MAR 2013 RETIREE HEALTH BENEFITS/MAR 2013 ANNUAL MEMBERSHIP 2012-2013 REFUND MEDICAL PREMIUM FACILITIES GAS & ELECTRIC FOOD / NUTRITION CENTER RETIREE HEALTH BENEFITS/MAR 2013 RETIREE HEALTH BENEFITS/MAR 2013 REFUND OF C&D FEES -PERMIT #2012-2438 CITY-WIDE WINDOW/DOOR/MIRROR DEPOSIT #1701 PORT FIBER OPTIC INSTALLMENT MOP 45704 OFFICE SUPPLIES-ENG EDUCATIONAL REIMBURSEMENT RETIREE HEALTH BENEFITS/MAR 2013 SUPPLIES / NUTRITION CENTER LIFE & AD&DSTD, LTD INS - MAR 2013 HYDROCARBONS, LIQUID / FIRE MOP 45734 TOWING - PD RETIREE HEALTH BENEFITS/MAR 2013 MEDICAL SERVICES RETIREE HEALTH BENEFITS/MAR 2013 STRAY ANIMAL VET CARE / POLICE GOOGLE CUSTOM SEARCH ENGINE MOP 68834 PAINT - NSD REFUND OF C&D FEES -PERMIT #2012-2754 JANITORIAL SUPPLIES AJAX TOOLS REGULATOR / FIRE MOP 45763 MISC SUPPLIES - MIS CHK NO DATE AMOUNT 306334 3/5/13 340.00 306335 3/5/13 140.00 306336 3/5/13 592.10 306337 3/5/13 290.00 306338 3/5/13 75.78 306339 3/5/13 250.00 306340 3/5/13 50.00 306341 3/5/13 280.00 306342 3/5/13 150.00 306343 3/5/13 687.55 306344 3/5/13 108.99 306345 3/5/13 348.00 306346 3/5/13 362.52 306347 3/5/13 340.84 306348 3/5/13 275,198.05 306349 3/5/13 2,494.63 306350 3/5/13 265.96 306351 3/5/13 190.00 306352 3/5/13 139.78 306353 3/5/13 84,440.00 306354 3/5/13 135.00 306355 3/5/13 120.00 306356 3/5/13 310.00 306357 3/5/13 30.00 306358 3/5/13 384.02 306359 3/5/13 21,606.80 306360 3/5/13 114.46 306361 3/5/13 340.00 306362 3/5/13 300.00 306363 3/5/13 1,905.75 306364 3/5/13 1,511.00 306365 3/5/13 1,625.00 306366 3/5/13 444.05 306367 3/5/13 749.00 306368 3/5/13 135.00 306369 3/5/13 2,306.65 306370 3/5/13 8,666.32 306371 3/5/13 206.37 306372 3/5/13 240.00 306373 3/5/13 135.00 306374 3/5/13 55.00 306375 3/5/13 125.00 306376 3/5/13 93.00 306377 3/5/13 2,315.00 306378 3/5/13 ' 1,111.48 306379 3/5/13 157.50 306380 3/5/13 1,893.68 306381 3/5/13 119.66 306382 3/5/13 30.43 NAT WARRANT REGISTER #36 3/5/2013 PAYEE DESCRIPTION CHK NO DATE AMOUNT ZATARAIN, J REFUND BUSINESS LICENSE FEES 306383 3/5/13 321.00 ZEFERINO, L EDUCATIONAL REIMBURSEMENT 306384 3/5/13 529.19 ZIETLOW, D RETIREE HEALTH BENEFITS/MAR 2013 306385 3/5/13 150.00 ZIONS BANK 31 ST LEASE PAYMENT 306386 3/5/13 48,678.25 A/P Total 971,901.01 WIRED PAYMENTS TRISTAR RISK MANAGEMENT PREFUND FOR ISAAC HOLLIS III 571636 3/5/13 14,095.60 Start Date End Date SECTION 8 HAPS PAYMENTS 2/27/2013 3/5/2013 790,592.99 PAYROLL Pay period Start Date End Date Check Date 5 2/5/2013 2/18/2013 2/27/2013 939,378.42 GRAND TOTAL $ 2,715,968.02 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 2nd OF APRIL, 2013. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2013 AGENDA ITEM NO. 10 ITEM TITLE: TEMPORARY USE PERMIT —National City Cinco de Mayo Mariachi Festival and Competition by the National City Chamber of Commerce on April 27, 2013 from 11:00 am to 5:00 pm at Pepper Park with request on waiver of fees. PREPARED BY: Vianey Rolon DEPARTMENT: PHONE: (619) 336-4364 APPROVED BY: EXPLANATION: d Services Division This is a request from the National City Chamber of Commerce to conduct a National City Cinco de Mayo Mariachi Festival and Competition on April 27, 2013 from 11:00am to 5:O0pm. This event will take place at Pepper Park and the organizers are specifically requesting the following from the City of National City: *13x28 standard stage *NCPD Reserve Officers and Explorers/ Booth *Banner on National City Boulevard *Fire Department Presence/ Booth *Antique Fire Engine *Cones, barricades, and generators *Tables and Chairs *City info bus The applicant is requesting a waiver of fees. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: The City has incurred $237.00 for processing the TUP, various department fees pending Total Fees are $237.00 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 with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: / ✓Festival �/ Public Concert ✓Fair _ Parade _ Demonstration Circus Motion Picture _ Grand Opening _ Other Evens Title: 100 041 Ci+ CInco de (Y1 allq eiriAohi Fes val and Conspefi-lion Event Location: P l pet Pit r II, ��('h or+al ei f+V Event Date(s): From `(ll7 i to N /21113 0 Actual Event Hours: I I JI 03lpm to J am/& Total Anticipated Attendance: (Z50Participants 22i 50Spectators) Setup/assembly/construction Date: 27 1S Start time: (0 4 n" Please describe the scope of your setup/assembly work (specific details): Oset IR fent, 474.1110) chu;rs,earn,v.4areal j,..tett, pony ridts, 544Je1 Qoynd 4 pliTri't wi, Car shou5/ 9ennretilt5 $: niv#e bRnneel f/'�5t+ b;ns,V/^do/.S/ cyne ✓,.-P;.e r.. OA/ r i ladtf/ S I(4 i'n b r►l4 de re,,d, 0 P ett e V kS te/akr }ink, . ismantle Date: 14/21I i 3 Comple on Time: __ a 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. bN rri Cwd es. �f, er p errl*ancas PP Pry will be closed a ...Nil Ssoft gor bvs•s and 2n,or anc vehioic5 „gill b& a(� loo4,ai' n 1 e� pa ni i1 �ejlrr:^t'k7eii5 I�xRtn � r fllis`iNY ilr J,J49.14 �++ `��iF��?®I�n*Y°i�v'"i�iNiSa'r., li• Sponsoring Organization: Chief Officer of Organization (Name) Applicant (Name): Pafi Orlai C; Address: qop IA+';Ooat C; gI Voi Daytime Phone: (011) `� ii' q 3q Evening Phone: (Let g c C " Cab I t na �orldc� mhP�� Fax: (rvl�j Li.77''? E-Mail: l no59 0 � Kt or : Cellular: ((01 R gq o' Obi +.� Contact Person "on site" day of the event: (AC�uQ 11 n? ` NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND I1v1MEDIATELY AVAILABLE TO CITY OFFICIALS �yTLLlitl ✓Community vent Block Party /� Bali l ,i ••M �L+l'r n �)af oluI Vi% Chamber 0.p G0,vime're... Pe trips() hctmomn.ercZ Is your organization a "Tax Exempt, nonprofit" organization? YES NO Are admission, entry, vendor or participant fees required? ✓YES _ NO (S.e{ :r#7411.edIfYES lease ex lain the urpose nd provi e amount(s): vl nds / ,p p J See a-H-urhedbider .Fils : wo , p,oei } j300fh 41)19 Si+,�(/I b4tireci reic4,) #Z5 Artlsi3 z'S Fad vendor 10 (�.�rk;..�;i„ ems, $ � 31 500 Estimated Gross Receipts including ticket, product and sponsorship ,yL Pd9srf'PE sales from this event. h i'1C/,3L $ 2.11 SOD Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? 1L !.ya �flctt,5;�t !vn•Hv. .ri-,i•_e.�F.!I�a... }l.-.Mti,`li4H:• tr. I]`yfiyiiJiyL'r1 I tsr:. ..t���.�ti� erap .1 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. V is't •w+ a rimcti; A.:54.Z°41 '.vent w;11 Intl d,: Live, Mu;cal prF'ormaACe$' baulk' jkloriro K � / J d ctvcP (ieme61-lrcrtionS). 1;ve b�a1��a(S; Vi R are4 w+thriot !soled Oa€0/ iocl..oiel (Alcohol servedaredf OrilVe.'der1 non proici4'i q,,c1 urh'54 boa-fris,Corporrs1e: SponsoeS, port/ r;dn."a"c/ 114iai FAQ* OF bu Irni ,s Gtri Cry-4'SjCar'nivcll aroa Cow.nvn heal-Fh SGreeel rob;le Heal H•lar+ol derilul Glinzc. J• li`.,srse food boo-143,F;re pe#' ,/Arm 000eJei'itr.F„434,b4 Ne palice Presence.) JOndold ridei pnsdle .P1aq jcovnd area 4'uCt rainf;n�%; pro 're* itn asps onh;k 1 help iron;*vf VIP ar/a/ pAelli/'AJ �o F ro.,rcl5'1't'Narl-Cfr incl..1a Paewa i'fl �` � closvrly� ago( .eiyvrr� � y h , �► Sfgrnf, P.)1 sr p0M-e01, e,, ;1 msriLehikq 5frw Pannar^elf AlaI5) V.., tl4b ,'4Q% �1 / schepl f'I�ferfr 5�hoo/ r► ,cea.. ffrefi Pre,9rowri .sewed rHe of __YES V NO If the event involves the sale of cars, will the cars come ex6usively from Nations City car dealers? Car 5hot,i will be purr o f e..enr ..Loch/01 S vile O 1 C4'1- If NO, list any additional dealers involved in the sale: and 1,0,4) ia,•der, t i)1 -p(b4 irl t[(i iJi^:.1... is rtnri:., t 4si:, MY1k ( t 01114 j n J 1 Q a.re N l poi- Air b406.; IU O (;PPr 6A- Li *d w ,YNO Does the event involve the sale or use of alcoholic beverages? ES" vYES _ NO Will items or services be sold at the event? If yes, please describe: Vendors t�-;A Sulu Yfecr'ully, re-I-ai) r 4er$4 r Pood1 et rt and _YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and p ovi e a written narrative to explain your rQute / SRvh}IP or vat provided ijl.F.?ve 4.0( Tot,a behmein '�''1 .S:+r.re4 Tro/ltyr 5fotf rn V YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map A nq' pe poor Rut, showing all streets impacted by the event. / O'e rrd9 at}ttched • v YES , NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies .5V Sizes 10 X I 0 Z0Y t-10 NOTE: A separate Fire Department permit is requiredlfor tentsfor canopies. zox`fo 2dJCNt) 0 v¢ne�or boo j 000i bov�+tr �iarnv;✓a+,¢ritt�`i�J rPrl1}ii �y RJPyr V 1PAreOJ YES __, NO Will the event involve the use of the City or your stage or PA ys e �J SPECIFY: tUtct rel tes r• vse of C+e Shye... ✓e, have alsw rQ ei.ioo/ ',.or.the Port-o-P SD paf have n of heard bac!e In addition to the route map required above, please attach a diagrarn showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: Fora/ 4/eyed .. tes h 14 rte Paeeap ,Z -Fork Weldor btwft s( IoX)Oeueh, If you ntend to90eve k food in the nt area please specify the method: ash vQ ncl or .+ il� V GAS ELECTRIC ✓ CHARCOAL OTHER (Specify):G preptrr8 Ploo,cf dtlirne+I' Portable and/or Permanent Tpilet Facilities and tA;I/ 4416(.4, 4/ tr.-n{ - q/i Number of portable toilets: `l (-I for every 250 people is required, unless the applicant can , rw4 re$uk4.4 how that there �afe facilities in the immediate area available to the public during the event) Tables# '77 and Chairs# 100• FAO ft6t itJ„r/��vatfgbJe pa encing, barriers and/or barricades w; 11 ma 61roh • wit. u-; // Al io roH de 1 d mold' enerator locations and/or source of electricity 41:er 1 +'14 'e �.inlis a Ad ) �o ►xrj� 3 to••+Parivnen� Canopies or tent locations (include tent/canopy dimensions) „� 1cs Booths, exhibits, displays or enclosures �affolding, bleachers, platforms, stages, grandstands or related structures ehicles and/or trailers Other related event components not covered above Aordoj a, G�nivoeli lu.J� (c 'rd, (af ;Nit; j7rash containers and dumpsters J (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusioAof the event the area must be returned to a clean d t�rrS condition.) Number of trash cans:. 5Vrpq� . Trash containers with lids: 3 I a r f roll sY}- Q 0 ricytle Wins Describe your plan for clean-up and removal of waste and garbage during and after the event: .,,en} 54ttft ant( v011,ohm, s tan clear -» af1't earn-}. port s1-rtf-P/6)enwrct( Se44eis w;li mwinWO pn�'Je red-r.00xms a*' 4jl -Wines.. 4er•vices Please describe your procedures for both Crowd Control and Internal Security: t Att,e,sal pro+eck,n 6tr✓Tus u• ^d OIyfr.pr en Sec -s i �- prat; de pre -�J .'cP i Set Servr'ces ✓ YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, Iplease list: Security Organization: I/t f1: uar9al lProft cfr n ��rvt'LQs Security Organization Address: (2 (OO i"'Moreriot 13) 1. Sat, Di ey or ('�- qz in Phone: Cat 4) 7i7$'-7 000 Security Director (Name), At e� i� rt'-i „, _ YES _V NO Is this a night event? If YES, please state how the event and surrounding area will be illuminate to ensure safety of the participants and spectators: •went eeds of Sr M• partL �Llht__ , will v(-Frce. Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. --� M R u-;11 1,e onf;i'e +o ero��cle �,rst Aid ar ,'r t Pe4•40vrge Please describe your Accessibility Plan for access at your event by individuals with disabilities: We wiN ha.0 4DA atcesc1bWe re--'w.h G rc( pi iv rl /rDA cm 14., Please provide n detailed description of your PARKING Ian: )x114 y La 4 � rrec 3Z nia.r;41 h^ur,nr� wry- _ .0puc•es. Pre .5.finet ark i'A • Iv" J�o„rt ,-., ero"' .4I e ADA par 14) r a (,a r table rn tiN,kinp Please describe our nian� + nnrfv all residents, businessesandchurches impacted by the y event:1 't naq,e� -},JI rah oiteet 2 wt4, en 4d 'ire for Joss lA,,41rAi J J o4r'�I pe Par petr•K. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. t�k Please describe your plan for DISAB(_ D PARt(I 6 i� 1 o a of 41 sft (yo/J r!%in will iv froytded £or. 10 /cur «+ +he vtelo) pl P rtc n .., d f ,er 3Z �J YES 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 f!'" 1."ia -w tv�.'� pit J tli4.i k.v' ii �Ti.S7.taJ* 'r; i; i<F.rp wtc� ,�tic:t?II Il tlx: y;•a.31�„ .d'• �..v s,f la.,_.. L_ 1 {.aw Ful .Y...l..n.F .Inr:. k.. 1 t ai:(a.; ... �...A-5jx� i F .1 ci.,"t`t\x, fypi,I:y,. of Stages: —4- Number of Bands: Type of Music i ars' cA PolILJoro'Gi pa►'ll`Shrvws,'G YES _ NO Will sound amplification be used? If YES, please indicate: Start time: J 0 : 3 0 4 r►-, p 70 �"' �m Finish Time J am/C YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start n m Finish Time j time: Please describe the sound equipment that will be used for your event: /Aui Lgrje 5 pfetlierfi microphones, YES V NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: 14ES � NO Any signs, banners, decorations, special lighting? If YES, please describe: �jpvnLor hunrs on 5fw7Pi thrnvyhout Pack l arvi booffi5. �JJvi - prom 0110,41 c ( bk n nP� Alo� (V e h'or4 C/` .6) gal. Revised 02/29/12 C4 of National .City PUBLIC PROPERTY USE HOLD HARNILESS 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 Ui f1anal Cr Gkavwkgr i Co rnfria ire Person in Charge of Activity (T 5 C( cif ue [, re P r PS-0 Address q 0 i %V a1-r`0rw/ C; Telephone L ) "93 % Date(::) of Use / / 27 i-3 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 u�..�.�r_::""_. �.=,v>r,a.q+wv�ir,�.'.1-73.�'-� i';lS.":�•�f�:a �w,r��+�.isw.�:a,�=;'e.�'y?�?`,::?:o^r3;.x'"�:t'.�.� �w:d:�-�:?n".r,"1iii;i•:fi For Office Use Only Certificate of Insurance Approved Date City of National City Requests TUP APPLICATION 1. 12X28X2 Stage 2. Banner on National City Blvd. 3. Antique Fire Engine 4. Tables and Chairs 5. NCPD Reserve Officers and Explorers/ Booth b. Fire Department Presence/ Booth 7. City Info Bus 8. Cones 9. Barricades 10. Generators Public Parking Building 21 f i Dumpsler', F5I IK61 'F71 AMR Fel CAR SHOW FIRE Lane NC !. POLICE VIP Area 20' x 40' Tent i VIP PARKING to D a 21 w c, JI GANDOI.A RI BAY National City Ginco de Mayo ariachl festival and competition Vendor Application Saturday, April, 27, 2013 (11am-5pm.) EVENT SITE: Pepper Park National City, CA 91950 APPLICATION DUE 4PM, APRIL 10, 2013 *First come first serve. We reserve the right to uphold noncompefng vendor requirement* OFFICE USE ONLY: SPACE ONLY CANOPY ❑ maw ❑ CHAIRS.' COST QTY TOTAL BOOTH SPACE INCLUDES ❑ Food vendor $475 • 1 OX 10 Space • 1 -6ft table and ❑ Small Business Retail (1-10 employees) $150 • 2-chairs ❑ Non Profit Institution $100 • Canopy not provided 0 Electricity • Food Vendors must provide: $50 0 DEPOSIT Check (Required) $250 o County Approved Food Canopy *Separate Deposit Check must be Issued. Deposit surrendered if vendor violates city, Chamber, county, or park codes and regulations. o Copies of Valid Food Handlers Cards. Originals present during event. Makes Checks Payable To: National City Chamber of Commerce Attention: Cinco de Mayo Mariachi Festival & Competition 901 National City Boulevard National City, CA 91950 P: (619) 477-9339 F: (619) 477-5018 E: bolanos@nationalcitycharnbex.org o Copy of your valid food selling permit by the San Diego County Health Department. o Valid fire extinguisher o Hand wash sink in booth o Follow all San Diego County Health Codes. Name (s) Business/Organization: Address: Email: Phone: Cell: FAX DESCRIPTION OF PRODUCTS TO BE SOLD ON FESTIVAL GROUNDS. ANY PRODUCTS NOT DESCRIBED BELOW CANNOT BE SOLD. FOOD VENDORS MUST SUBMIT MENU AND PRICES. I understand that this completed vendor application, with deposit, only reserves the table space until full -payment is received and a vendor contract is completed & signed, Booth space must be paid in full by 5:00pm on Friday, April 12ih, 2013. Signature Date National City Cinco de Mayo ariachi festival and competition Artist Application Saturday, April 27, 2013 (11am-5pm) EVENT SITE: Pepper Park National City, CA 91950 APPLICATION DUE 4PM, APRIL 10, 2013 *First come first serve. We reserve the right to uphold noncompetrng vendor requirement* COST QTY TOTAL ❑ Musical group $0 ❑ Dance group $0 ❑ Artist $25 *Separate Deposit Check must be issued. Deposit surrendered if vendor violates city, Chamber, county, or park codes and regulations. Makes Checks Payable To: National City Chamber of Commerce Attention: Cinco de Mayo Mariachi Festival & Competition 901 National City Boulevard National City, CA 91950 P: (619) 477-9339 F: (619) 477-5018 E: bolanos@nationalcitychamber.org EXHHIBITOR SPACE INCLUDES • 1 OXI0 frontage to display art o Please bring your own easels • One 6 foot table and 2 chairs will be provided • Canopy not provided • Max. 5 art pieces o To display more art please consult with National City Chamber of Commerce (additional fee may apply). • Sale of art is permitted • Name (s) Business/Organization: Address: Email: Phone: Cell: FAX DESCRIPTION OF EXHIBITION TO BE DISPLAYED ON FESTIVAL GROUNDS. ANY ITEMS NOT DESCRIBED BELOW CANNOT BE PERFORMED/EXHIBITED. 1 understand that this exhibitor/vendor application, with deposit, only reserves the space until full -payment is received and an artist contract is completed & signed. Exhibitor space must be paid in full by 5:00pm on Friday, April 12th, 2013. Signature Date CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2013 AGENDA ITEM NO. 11 ITEM TITLE: Resolution of the City Council of the City of National City amending the salary schedule for the Part -Time and Seasonal employee group to include the creation of a salary range for the part-time Property and Evidence Specialist I classification. PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: DEPARTMENT: H APPROVED sources The City of National City Human Resources Department maintains the City's classification plan and compensation schedules for each employee group, including the Part -Time and Seasonal hourly employee group. Various City departments utilize the services of temporary part-time staff to augment full-time staff in support of operational needs City-wide. The City of National City Police Department has identified an operational need to augment its current staffing within the Property and Evidence Unit through part-time support during intermittent periods of employee absence or peak work load. In order to facilitate the department is meeting its need, staff hereby requests the addition of Property and Evidence Specialist I to the Part -Time and seasonal employee salary schedule using salary range pt132. $18.50 to $22.49 per hour. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS There is no financial impact associated with this action. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE SALARY SCHEDULE FOR THE PART-TIME AND SEASONAL EMPLOYEE GROUP TO INCLUDE THE CREATION OF A SALARY RANGE FOR A PART-TIME PROPERTY AND EVIDENCE SPECIALIST I CLASSIFICATION WHEREAS, the National City Police Department has identified an operational need to augment its current staffing within the Property and Evidence Unit through part-time support during intermittent periods of employee absence or peak work load; and WHEREAS, to facilitate the Police Department's needs, staff recommends the addition of a Property and Evidence Specialist I to the Part -Time and Seasonal Employee Salary Schedule using salary range pt132, which is $18.50 to $22.49 per hour. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves amending the Part -Time and Seasonal Employee Salary Schedule to include the creation of a salary range for a part-time Property and Evidence Specialist I classification using salary range pt132, which is $18.50 to $22.49 per hour PASSED and ADOPTED this 2nd day of April, 2013. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2013 AGENDA ITEM NO. 12 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to amend the City's current contract with Moynahan's Towing and A to Z Enterprises DBA Road One Towing, to increase fees per section 3.5 Re -Opener Clause — Fee Schedule. The recommendation is to raise a basic tow to $190, a medium tow to $210 and storage fee to $48 per day. The tow contractors also agree to decrease the Victim and Witness investigative tow fees to $75 PREPARED BY: L.t Keith Fifield DEPARTMENT: Police PHONE: (619) 336-4514 APPROVED BY: EXPLANATION: Section 3.5 of the current tow contract allows the tow contractors to request an increase in tow fees to the Chief of Police, after the first twelve month period of the current agreement. The Chief of Police reviews the request and makes a recommendation to the City Council for consideration. The Chief has reviewed this request with staff and found that under the current contract, both tow contractors have the lowest fees per tow and storage for local allied law enforcement agencies. The current fees per the "Tow Fee Schedule" are: $160.00 for a basic tow; $185.00 for a medium tow and $40.00 a day for storage. The current request by both tow contractors is for $190.00 for a basic tow; $210.00 for a medium size tow and $48.00 a day storage fee, would bring the tow contractor's fees to the middle of the tow fee schedule. Both tow contractors have indicated this will be the only rate increase request for the life of the current contract barring any unforeseen catastrophic increase in operating costs. Both tow contractors have also agreed to amend the contract and charge a flat rate tow fee of $75 to the City for victim and witness vehicles impounded for investigation purposes per Vehicle Code Sections 22655 or 22655.5; Currently these tows cost $240 FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approve the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Al A2 -Tow Contractor letters requesting fee increase, Moynahan B - Current Local Law Enforcement Tow Fee Schedule C - Chief of Police Review and Recommendation Memo D1 D2 Amendment to the Tow Contracts — Moynahan Towing and Towing and Road One Towing A to Z Enterprises DBA Road One RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENTS TO THE AGREEMENTS FOR TOWING AND IMPOUND SERVICES WITH MOYNAHAN TOWING AND A TO Z ENTERPRISES, INC., DBA ROAD ONE TOWING TO AMEND THE FEE SCHEDULES WHEREAS, on September 27, 2011, the City Council adopted Resolution 2011- 218, entering into Agreements for Towing and Impound Services ("Agreements") with Moynahan Towing and A to Z Enterprises, Inc., dba Road One Towing from October 1, 2011 through September 30, 2013. WHEREAS, pursuant to Section 3.5 of the Agreements, Re -Opener Clause — Fee Schedule, after the first 12 consecutive month period of the Agreements, Moynahan Towing and Road One Towing may request amending the Fee Schedule to be consistent with the community standard for police towing in San Diego County; and WHEREAS, Moynahan Towing and Road One Towing have requested amending the Agreements by amending Exhibit "A" to the Agreement to increase the fees for Basic and Medium Tows and the Daily Storage Rate, and adding a $75 fee for Victim/Witness Vehicles Impound, as set below: SERVICE CURRENT FEE AMENDED FEE Basic Tow $160 $190 Medium Tow $185 $210 Daily Storage Rate $ 40 $ 48 Victim/Witness Vehicles Impound ---- $ 75 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute the First Amendments to the Agreements for Towing and Impound Services with Moynahan Towing and A to Z Enterprises, Inc., dba Road One Towing to amend the Fee Schedule as set forth in Exhibit "A" to adjust the fees to be consistent with the community standard for police towing in San Diego County by increasing the fees for Basic and Medium Tows and the Daily Storage Rate, and by adding a $75 fee for Victim/Witness Vehicles Impound. PASSED and ADOPTED this 2nd day of April, 2013. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney EXHIBIT "A" TOWING FEE SCHEDULE SERVICE FEE • BASIC TOWING includes First Hour Hookup, Labor, Standby Time for vehicles under 9,500 GVW (unloaded). $190 • MEDIUM SIZE TOWING — BASIC TOWING includes First Hour Hookup, Labor, Standby Time for vehicles over 9,500 GVW but less than 22,000. $210 • LARGE SIZE — BASIC TOWING includes First Hour Hookup, Labor, Standby Time for Vehicles over 22,000 GVW (Unloaded). $225 • ON -SCENE OR STAND-BY LABOR: Each 15-minute increment, beyond first hour, is charged only when extraordinary labor must be expended to recover a vehicle. STANDBY is charged when the job cannot be started and must be explained on the tow bill $40 • DOLLIES will only be used when there is not a less expensive, safe manner of handling the situation. $55 • DRY RUN may also be known as a "HOOK-UP — DROP FEE" and is charged when the vehicle is hooked up and the owner returns before the vehicles is in transit. $50 • PER MILE TOWING applies only to vehicles recovered outside the jurisdiction of the City of National City. $5 • MAXIMUM STORAGE — PER DAY: "Per Day" is defined as a 24-hour $48 period. • STORAGE PER HOUR: Up to a maximum of $15 per hour. • AFTER HOURS VEHICLES RELEASE: After 6PM and before 8AM, including weekends and all holidays. • NOTIFICATION OF LIEN SALE: Vehicle valued at less than $4,000 (22851.12 CVC). • NOTIFICATION OF LIEN SALE: Vehicle valued at over $4,000 (22851.12 CVC). • POLICE EQUIPMENT TOWING within jurisdictional limits of National City. $15 $65 $70 $100 No Charge • CITY EQUIPMENT TOWING includes all City vehicles. Also includes 25% basic police vehicles towed from outside jurisdictional limits of National City. tow fee • VICTIM/WITNESS TOW FEE (Evidence Hold) $75 EXHIBIT "A" CITY ADMINISTRATIVE FEES • NEGLIGENT VEHICLES IMPOUND RELEASE FEE • SERIOUS TRAFFIC OFFENDER PROGRAM FEE $124 $150 4_77, J- Ae/ir /4- - / Tom Moynahan 619-477-9362 November 12, 2012 Dr. Adolfo Gonzales, Chief of Police National City Police Department 1200 National City Blvd. National City, CA 91950 Re: Tow Agreement - Fee Adjustment The purpose of this letter is to request consideration of adjustments to the Fee Schedule associated with the Tow Agreements. The Agreements, in Section 3.5, provide for this adjustment after the first twelve months which has now been completed. The Agreements' intention is for the fees to he adjusted "...consistent with the community standard for police towing in San Diego County.". For convenience, I have attached a chart providing the current fee schedule for NCPD and the other local agencies. Like most businesses, we continue to operate in a challenging business environment and are in real need of this review. Based on the -information from the attached chart, the Fee Schedule for NCPD is at the lowest levels at this time. Our request is to make a few adjustments to bring fees into the middle range as listed below: Basic Tow - $190.00 Medium Tow - $210.00 Storage - $48.00/Day We believe this to be a reasonable approach and are available should there be any question or need for additional information. Any Question please feel free to call me. Tom Moynahan 619-477-9362 4rr1C 4467-l- ,Lj- -Z PHONE: [858) 492-5200 November 9, 2012 Dr. Adolfo Gonzales, Chief of Police National City Police Department 1200 National City Blvd. National City, CA 91950 Re: Tow Agreement - Fee Adjustment The purpose of this letter is to request consideration of adjustments to the Fee Schedule associated with the Tow Agreements, The Agreements, in Section 3.5, provide for this adjustment after the first twelve months which has now been completed. The Agreements' intention is for the fees to be adjusted "...consistent with the community standard for police towing in San Diego County.". For convenience, I have attached a chart providing the current fee schedule for NCPD and the other local agencies. Like most businesses, we continue to operate in a challenging business environment and are in real need of this review. Based on the information from the attached chart; the Fee Schedule for NCPD is at the lowest levels at this time. Our request is to make a few adjustments to bring fees into the middle range as listed below: Basic Tow - $190.00 Medium Tow - $210.00 Storage - $48.00/Day We believe this to be a reasonable approach and are available should there be any question or need for additional information. Please notify me of how this should proceed and what should be expected. Brad Ramsey Vice President RoadOne (858)492-5201 Encl. 3821 Calle Fortunada, Ste. A San Diego, CA 92123 A- 'Z Agency Tow Fee Schedule as of: November 1. 2012 jAgency: NCPD CHP Chula Vista Police San Diego Police Sheriff Service: Basic Tow _ $160.00 $220.00 $208.00 $178.00 $185.00 Medium duty(hr) $185.00 $250.00 $325.00 $190.00 $195.00 Heavy duty (hr) $225.00 $300.00 $325.00 $250.00 $210.00 Labor (hr) $40.00 $65.00 $72.00 Dollies - flbed $55.00 $50.00 $47.00 Mileage $5.00 $5.50 • Storage $40.00 $50.00 $50.00 $38.00 $40.00 NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: January 15, 2013 TO: Leslie Deese, City Manager FROM: Adolfo Gonzales, Chief of Police SUBJECT: Request by Tow Contractors for an increase in tow fees. On November 9, 2012, Road One Towing and Moynahan's Towing requested an increase in fees pursuant to Section 3.5 of current tow contract between the City and the two above -mentioned contractors. Per the current contract, after the 12 months of the contract, contractors may request and be granted an increase in fees with the approved recommendation by the Chief of Police. I have reviewed this request with staff and found that under the current contract, both tow contractors have the lowest fees per tow and storage for all allied law enforcement agencies within the County. The current fees per the "Tow Fee Schedule" are: $160.00 for a basic tow; $185.00 for a medium tow and $40.00 a day for storage. The current request by both tow contractors is for $190.00 for a basic tow; S210.00 for a medium size tow and $48.00 a day storage fee, would bring the tow contractor's fees to the middle of the tow fee schedule. Both tow companies have indicated this will be the one and only rate increase request for the life of the current contract barring any unforeseen catastrophic increase in operating costs. Based on my review of the request and the recommendations from Staff, I approve the request for the increase of' tow fees for both tow company contractors. If the City Council and the City Manager's Office are not inclined to increase the fees to the amount requested by the tow contractors, my recommendation is to allow the tow contractors to a $20.00 increase in tow fees, both basic and medium size and a $5.00 increase in storage fees. This would be a fair counter offer if City Council believes $190 is too much of a spike for this community's economic level. Respectfully Submitted, Adolfo Gonzales, D.Ed Chief of Police National City Police Department C FIRST AMENDMENT TO THE AGREEMENT FOR TOWING AND IMPOUND SERVICES BY AND BETWEEN THE CITY OF NATIONAL CITY AND MOYNAHAN TOWING BY AMENDING SECTION 3.5 OF SAID AGREEMENT TO INCREASE FEES THIS FIRST AMENDMENT to the Agreement for Towing and Impound Services is entered into on this 2nd day of April, 2013, by and between the City of National City ("City") and Moynahan Towing ("Contractor"). RECITALS WHEREAS, the City and the Contractor entered into an Agreement for Towing and Impound Services ("Agreement") on or about October 1, 2011, providing for towing and impound services by the Contractor from October 1, 2011 through September 30, 2013. WHEREAS, Pursuant to Section 3.5 of the Agreement, Re -Opener Clause — Fee Schedule, after the first 12 consecutive month period of the Agreement, Contractor may request and the City may agree to increase the Fee Schedule set forth in Exhibit "A" to the Agreement to adjust the fees consistent with the community standard for police towing in San Diego County. WHEREAS, Contractor has requested in increase the Fee Schedule in Exhibit "A" to the Agreement and the City finds that such increase is consistent with the community standard for police towing in San Diego County. WHEREAS, the Parties also desire to amend the Fee Schedule by adding a $75 fee for Victim/Witness Impounds for victim and witness vehicles that are impounded for investigation purposes in accordance with Vehicle Code Sections 22655 and 22655.5. NOW, THEREFORE, the parties hereto agree that the Agreement shall be amended as follows: 1. The Parties agree to amend the Fee Schedule set forth in Exhibit "A" to the Agreement to increase the fee schedule as set forth below and in the attached Exhibit "A" to adjust the fees consistent with the community standard for police towing in San Diego County. SERVICE CURRENT FEE AMENDED FEE Basic Tow $160 $190 Medium Tow $185 $210 Daily Storage Rate $ 40 $ 48 Victim/Witness Tow Fee (Evidence Hold) --- $ 75 1 2. Notwithstanding paragraph 1, above, each and every other provision of the Agreement dated October 1, 2011, shall remain in full force and effect. 3. The person signing this First Amendment to the Agreement on behalf of the Contractor represents that he/she has the authority to bind the Contractor as its designated representative. IN WITNESS WHEREOF, the Parties hereto have executed the First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY MOYNAHAN TOWING By: By: Ron Morrison, Mayor Tom Moynahan, Owner APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 2 TOWING FEE SCHEDULE SERVICE FEE • BASIC TOWING includes First Hour Hookup, Labor, Standby Time for vehicles under 9,500 GVW (unloaded). $190 • MEDIUM SIZE TOWING — BASIC TOWING includes First Hour Hookup, Labor, Standby Time for vehicles over 9,500 GVW but Tess than 22,000. $210 • LARGE SIZE — BASIC TOWING includes First Hour Hookup, Labor, Standby Time for Vehicles over 22,000 GVW (Unloaded). $225 • ON -SCENE OR STAND-BY LABOR: Each 15-minute increment, beyond first hour, is charged only when extraordinary labor must be expended to recover a vehicle. STANDBY is charged when the job cannot be started and must be explained on the tow bill $40 • DOLLIES will only be used when there is not a less expensive, safe manner of handling the situation. $55 • DRY RUN may also be known as a "HOOK-UP — DROP FEE" and is charged when the vehicle is hooked up and the owner returns before the vehicles is in transit. $50 • PER MILE TOWING applies only to vehicles recovered outside the jurisdiction of the City of National City. $5 • MAXIMUM STORAGE — PER DAY: "Per Day" is defined as a 24-hour $48 period. • STORAGE PER HOUR: Up to a maximum of $15 per hour. • AFTER HOURS VEHICLES RELEASE: After 6PM and before 8AM, including weekends and all holidays. • NOTIFICATION OF LIEN SALE: Vehicle valued at less than $4,000 (22851.12 CVC). • NOTIFICATION OF LIEN SALE: Vehicle valued at over $4,000 (22851.12 CVC). • POLICE EQUIPMENT TOWING within jurisdictional limits of National City. $15 $65 $70 $100 No Charge • CITY EQUIPMENT TOWING includes all City vehicles. Also includes police vehicles towed from outside jurisdictional limits of National City. 25% basic tow fee • VICTIM/WITNESS TOW FEE (Evidence Hold) $75 EXHIBIT A CITY ADMINISTRATIVE FEES • NEGLIGENT VEHICLES IMPOUND RELEASE FEE $124 • SERIOUS TRAFFIC OFFENDER PROGRAM FEE $150 EXHIBIT A FIRST AMENDMENT TO THE AGREEMENT FOR TOWING AND IMPOUND SERVICES BY AND BETWEEN THE CITY OF NATIONAL CITY AND A TO Z ENTERPRISES, INC., DBA ROAD ONE TOWING BY AMENDING SECTION 3.5 OF SAID AGREEMENT THIS FIRST AMENDMENT to the Agreement for Towing and Impound Services is entered into on this 2nd day of April, 2013, by and between the City of National City ("City") and A to Z Enterprises, Inc., DBA Road One Towing ("Contractor"). RECITALS WHEREAS, the City and the Contractor entered into an Agreement for Towing and Impound Services ("Agreement") on or about October 1, 2011, providing for towing and impound services by the Contractor from October 1, 2011 through September 30, 2013. WHEREAS, Pursuant to Section 3.5 of the Agreement, Re -Opener Clause — Fee Schedule, after the first 12 consecutive month period of the Agreement, Contractor may request and the City may agree to increase the Fee Schedule set forth in Exhibit "A" to the Agreement to adjust the fees consistent with the community standard for police towing in San Diego County. WHEREAS, Contractor has requested in increase the Fee Schedule in Exhibit "A" to the Agreement and the City finds that such increase is consistent with the community standard for police towing in San Diego County. WHEREAS, the Parties also desire to amend the Fee Schedule by adding a $75 fee for Victim/Witness Impounds for victim and witness vehicles that are impounded for investigation purposes in accordance with Vehicle Code Sections 22655 and 22655.5. NOW, THEREFORE, the parties hereto agree that the Agreement shall be amended as follows: 1. The Parties agree to amend the Fee Schedule set forth in Exhibit "A" to the Agreement to increase the fee schedule as set forth below and in the attached Exhibit "A" to adjust the fees consistent with the community standard for police towing in San Diego County. SERVICE CURRENT FEE AMENDED FEE Basic Tow $160 $190 Medium Tow $185 $210 Daily Storage Rate $ 40 $ 48 Victim/Witness Tow Fee (Evidence Hold) --- $ 75 1 2. Notwithstanding paragraph 1, above, each and every other provision of the Agreement dated October 1, 2011, shall remain in full force and effect. 3. The person signing this First Amendment to the Agreement on behalf of the Contractor represents that he/she has the authority to bind the Contractor as its designated representative. IN WITNESS WHEREOF, the Parties hereto have executed the First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: A TO Z ENTERPRISES, INC., DBA ROAD ONE TOWING (Signatures of two corporate officers required) By: Dale Wineteer, President By: Claudia Gacitua Silva Brad Ramsey, Vice -President City Attorney 2 TOWING FEE SCHEDULE SERVICE FEE • BASIC TOWING includes First Hour Hookup, Labor, Standby Time for vehicles under 9,500 GVW (unloaded). $190 • MEDIUM SIZE TOWING — BASIC TOWING includes First Hour Hookup, Labor, Standby Time for vehicles over 9,500 GVW but less than 22,000. $210 • LARGE SIZE — BASIC TOWING includes First Hour Hookup, Labor, Standby Time for Vehicles over 22,000 GVW (Unloaded). $225 • ON -SCENE OR STAND-BY LABOR: Each 15-minute increment, beyond first hour, is charged only when extraordinary labor must be expended to recover a vehicle. STANDBY is charged when the job cannot be started and must be explained on the tow bill $40 • DOLLIES will only be used when there is not a less expensive, safe manner of handling the situation. $55 • DRY RUN may also be known as a "HOOK-UP — DROP FEE" and is charged when the vehicle is hooked up and the owner returns before the vehicles is in transit. $50 • PER MILE TOWING applies only to vehicles recovered outside the jurisdiction of the City of National City. $5 • MAXIMUM STORAGE — PER DAY: "Per Day" is defined as a 24-hour $48 period. • STORAGE PER HOUR: Up to a maximum of $15 per hour. • AFTER HOURS VEHICLES RELEASE: After 6PM and before 8AM, including weekends and all holidays. • NOTIFICATION OF LIEN SALE: Vehicle valued at less than $4,000 (22851.12 CVC). • NOTIFICATION OF LIEN SALE: Vehicle valued at over $4,000 (22851.12 CVC). • POLICE EQUIPMENT TOWING within jurisdictional limits of National City. • CITY EQUIPMENT TOWING includes all City vehicles. Also includes police vehicles towed from outside jurisdictional limits of National City. $15 $65 $70 $100 No Charge 25% basic tow fee • VICTIM/WITNESS TOW FEE (Evidence Hold) $75 EXHIBIT A CITY ADMINISTRATIVE FEES . NEGLIGENT VEHICLES IMPOUND RELEASE FEE • SERIOUS TRAFFIC OFFENDER PROGRAM FEE $124 $150 EXHIBIT A (I I Y UI' NAI IUNAL C:I 1 Y, I:ALIFUKNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2013 AGENDA ITEM NO. 13 ITEM TITLE: Resolution of the City Council of the City of National City authorizing budget adjustments by approving increases of the Liability Insurance Fund revenue budget and Liability Claim Cost appropriation and establishment of a General Fund POST revenue budget and appropriation for Police Department POST Training, Travel, & Subsistence, and ratifying increases of the General Fund Donation revenue budget and Independence Day Fireworks appropriation in relation to a donation accepted from the Sycuan Band of the Kumeyaay Nation. PREPARED BY: Mark Roberts, Director of Finance DEPARTMENT: Fina PHONE: 619-336-4265 APPROVED BY: EXPLANATION: Revenue budget and appropriation increases of $123,483.59 are required to account for funds received by the Liability Insurance Fund from the Sewer Service Fund to compensate for a sewer maintenance - related liability claim paid from the Liability Insurance Fund. A $48,100 appropriation for Police Department POST Training, Travel, & Subsistence and corresponding General Fund POST revenue budget are required, due to the close-out of the POST Fund (Fund 111) and transfer of its fund balance to the General Fund. In accordance with City Council's Fiscal Year 2012-2013 budget resolution, the establishment of these appropriations and revenue budgets must be approved by City Council. On July 2, 2012 the City received a donation of $3,000 from the Sycuan Band of the Kumeyaay Nation for Independence Day Fireworks. In accordance with City Council's Fiscal Year 2012-2013 budget resolution, the appropriation of these funds and the corresponding revenue budget addition must be ratified by City Council. FINANCIAL STATEMENT: ACCOUNT NO. See attached. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: 1. RESOLUTION NO. 2012 — 137 (Fiscal Year 2012-2013 Budget Resolution) 2. Resolution RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING REVENUE BUDGET AND APPROPRIATION INCREASES FOR THE LIABILITY INSURANCE FUND; ESTABLISHING A GENERAL FUND POST REVENUE BUDGET AND POLICE DEPARTMENT POST TRAINING, TRAVEL, AND SUBSISTENCE LINE; AND RATIFYING INCREASES TO THE DONATION REVENUE BUDGET AND THE INDEPENDENCE DAY FIREWORKS APPROPRIATION OF THE GENERAL FUND TO REFLECT THE ACCEPTANCE OF A DONATION FROM THE SYCUAN BAND OF THE KUMEYAAY NATION WHEREAS, revenue budget and appropriation increases of $123,483.59 are required to account for funds received by the Liability Insurance Fund from the Sewer Service Fund to compensate for a sewer maintenance -related liability claim paid from the Liability Insurance Fund; and WHEREAS, a $48,100 appropriation for Police Department Peace Officers Standard Training ("POST") Training, Travel, & Subsistence and General Fund POST revenue budget are required, due to the close-out of the POST Fund (Fund 111) transfer of its fund balance to the General Fund; and WHEREAS, on July 2, 2012, the City received a donation of $3,000 from the Sycuan Band of the Kumeyaay Nation for Independence Day fireworks. An appropriation increase in the amount of $3,000 to the Independence Day Fireworks account and the corresponding revenue budget is necessary to reflect the additional funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves revenue budget and appropriation increases of $123,483.59 to account for funds received by the Liability Insurance Fund from the Sewer Service Fund to compensate for a sewer maintenance -related liability claim paid from the Liability Insurance Fund. BE IT FURTHER RESOLVED that the City Council hereby approves establishment of a $48,100 appropriation for Police Department's Peace Officers Standard Training ("POST") and corresponding General Fund POST revenue budget, due to the close-out of the POST Fund (Fund 111) and transferring of its fund balance to the General Fund. BE IT FURTHER RESOLVED that the City Council hereby approves an appropriation increase in the amount of $3,000 to the Independence Day Fireworks account and the corresponding revenue budget to reflect a donation of $3,000 from the Sycuan Band of the Kumeyaay Nation for Independence Day fireworks. PASSED and ADOPTED this 2nd day of April, 2013. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney FINANCIAL STATEMENT: AGENDA ITEM NO. Liability Insurance Fund 627-00000-3700 (Internal Service Charges) 627-407-000-432-0000 (Liability Claim Cost) General Fund 001-11000-3461 (POST) 001-411-112-226-0000 (Police Department POST Training, Travel, & Subsistence) 001-00000-3637 (Donations) 001-409-000-650-9004 (Non -Departmental Independence Day Fireworks) (Page 1 of 15) RESOLUTION NO. 2012 — 137 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A BUDGET FOR THE 2012-2013 FISCAL YEAR WHEREAS, the City Manager on May 22, 2012, submitted to the City Council a Recommended Budget for the 2012-2013 fiscal year, and said budget has been discussed and deliberated in public session. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the budget for the fiscal year beginning July 1, 2012, with City expenditures totaling $75,960,161 is hereby approved, adopted, and appropriated. BE IT FURTHER RESOLVED that the fund appropriations set forth in the Projected Expenditures column of Attachment "1" shall be the maximum expenditures authorized for those funds. The City Manager is hereby authorized to make budgetary revisions within and between budget line items within a fund. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to transfer monies up to the maximum set forth in the Transfers column in Attachment "1". BE IT FURTHER RESOLVED that the City Council does hereby authorize and approve the number and classification of employees in the respective functions, departments, and/or activities as set forth in the fiscal year 2012-2013 budget. PASSED and ADOPTED this 19th day of June, 20 ATTEST: Michael R. Della, Ci Clerk OVED AS FORM. audi City Attorney on Morrison, Mayor Fund Number 001 CITY OF NATIONAL CITY BUDGET ANALYSIS BY FUND, ALL FUNDS FISCAL YEAR 2012-2013 Fund TM General Fund Undesignated Baler General Fund - Committed for General Fund - Assigned for Total General Fund 104 Library Fund 105 Parks Maintenance Fund 108 Library Capital Outlay 109 Gas Taxes Fund 111 P.O.S.T Fund 115 Park & Rec Capital Outlay Fund 120 Plan Checking Revolving Fund 125 Sewer Service Fund 130 EMT-D Revolving Fund 131 Asset Forfeiture Fund 154 State Library Fund 159 General Plan Update Reserve 166 Nutrition Center 171 Library School District Contract 172 Trash Rate Stabilization Fund 189 Civic Center Refurbishing 190 30th Street Cleanup Fund -1303 191 STOP Project 198 Property Evidence Seizure 200 30th Street Cleanup - 1304 201 NCJPFA Debt Service Fund 208 Supp- Law Enforcement Svcs Fun 211 Security & Alarm Regulation Fund 212 Personnel Compensation Fund 241 National City Library State Grant 242 N. City Library Matching Fund 246 Wings Grant 253 Recreational Activities Fund 259 Library Bonds Debt Service Fund 277 NC Public Library Donations Fund 290 Police Department Grants 296 Engineering Dept Grants 301 Grant - C.D.B.G 307 Proposition "A" Fund 312 STP Local/Transnet Highway 323 Safe Routes to Schools 325 Development Impact Fees 326 Transportation Impact Fee Fund 343 State -Local Partnership. 345 Traffic Congestion Relief 346 Prop 1B 348 State Grant 502 Section 8 505 HOME Program 506 HUD Program Income 626 Facilities Maintenance Fund 627 Liability Insurance Fund 628 General Services Fund 829 Information Systems Maintenance 632 General Accounting Services 643 Motor Vehicle Svc Fund 644 Equipment Replacement Reserve 731 Construction & Demolition Debris Total All Funds Estimated Beg. Fund Bal. 7E112012 Estimated Revenue ATTACHMENT Estimated Projected Ending Transfer In Transfer Out i Expenditures BaI.6/3012013 7,059,792 7,002,376 1,671,257 1,671,257 4,829,800 4,829,800 13,560,849 39,349,728 120,612 2,049,631 37,478,125 13,503,433 168,102 152,189 976,012 588,904 427,586 199,946 1,364,369 154,886 458,456 100,191 119,633 258,452 163,412 379,757 1,756,754 300.365 73,822 11,182 756,239 95,405 (33,168) 712,616 19,620 119,600 92,893 106,351 847,845 234,757 (400,235) (44,935) (524,882) 1,342,511 175,488 28,140 (61, 537) 117,944 356,102 2,549,582 2,297,028 1,271,356 344,588 1,921,982 120.612 1,512,806 480,148 1,798,384 242,080 119,118 37,813,305 629,964 1,142,777 1,772,741 168,102 706,853 411,818 1,121,671 149,189 104,231 217,000 863,243 1,669,527 2,040,219 218,212 48,100 48.100 0 0 1,232 426,354 300.000 300,000 199,946 7,256,309 6,948,045 1,672,633 302,794 339,735 117,945 63,105 0 521,561 O 5,500 94,691 0 0 119.633 439,180 308,499 747,679 258,452 17,740 7,000 174,152 144,500 112,613 411,644 17.867 100,000 1,674,621 2,942 0 303,307 55,000 0 128,822 0 11,182 0 7,408 0 763,647 490,225 490,225 0 0 0 95,405 6,000 0 (27,168) 0 125,000 125,000 712,616' O 0 19,620 0 0 119,600 979,698 1,072,591 0 15,000 0 121,351 398,889 398,889 847,845. 2,000 19,815 216,942 349,540 209,266 (259,961) 0 0 (44,935), 866,002 847,141 18,861, 770,000 770,000 0' 0 (524,882) O 0 0 36,000 0 1,378,511 7,135 0 182,623 1,211 0 29.351 O 61,537 0 0 1,223 0 119,167 4,960 0 361,062 9,436,000 9,779,685 2,205,897 295,176 407,065 2,185,139 7,400 554,117 724,639 2,519,173 2,525,173 338,588 2.827,604 2,794,321 1,955,265 0 120,612 0 0 2,037,291 2,037.291 1,512,806 1,297,553 1,497,553 280,148 1,171,187 575,342 1,181,187 1,213,042 0 575,342 0 817,422 50 000 0 169,118 74,684,515 2,745,585 2,745,585 75,960,161 36,537,659 (Page 3 of 1S) Account Number CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL. YEAR 2012-2013 Account Title 2012 2012 AdJstd Projected 2013 2011 Actuals Budget Actuals Estimates 001 GENERAL FUND 001- 00000 TAXES: 3000 CURRENT YEAR -SECURED 2,758,397 2,710,280 2,463,276 2,710,280 3001 CURRENT YEAR -UNSECURED 68,296 75,000 148,990 75,000 3002 SUPPLEMENTAL ROLL 96,540 80,000 69,886 80,000 3003 PRIOR YEAR -SECURED & UNSECURED 4,322 0 2,795 0 3006 INTEREST, PENALTIES & DELINO. 4,473 0 3,015 0 3007 MILE OF CARS SPEC. ASSESSMENT 0 0 113,348 0 3009 PROPERTY TAXES ALLOCATED (1,330,943) (1,328,037) (1,220,647) (1,328,037) 3010 SALES & USE TAXES 9,837,376 9,449,369 9,806,309 10,567,101 3011 PROPERTY TAX: IN LIEU OF SALES TAX 3,024,675 3,235,456 3,403,217 3,522,366 3012 PROPERTY TAX: IN LIEU OF VLF 4,927,932 4,872,739 4,931,254 4,931,260 3014 PROP 172-PUBLIC SAFETY SALES TAX 100,580 130.622 124,901 125,000 3015 DISTRICT TRANSACTION & USE TAX 8,769,294 8,499,000 9,052,000 9,410,000 3016 A81290 PROPERTY TAX PASS THROUGI 269,674 289,983 200,000 200,000 3020 TRANSIENT LODGING TAX 838,255 733,091 777,734 750,000 3030 CABLE TV FRANCHISE 442,603 412,960 348,263 412,960 3031 ELECTRIC FRANCHISE 689,470 710,154 690,000 710,154 3032 GAS FRANCHISE 81,838 80,012 80,000 80,012 3033 REFUSE FRANCHISE 420,559 410,000 415,000 420,000 3040 BUSINESS LICENSE TAX 580.302 545,000 550,000 550,000 3041 RESIDENTIAL RENTAL FEE 164,822 150,500 150,000 150,000 3042 PARATRANSIT FEES 1,800 4,000 0 0 SUBTOTAL 31,750,265 31,060,129 32,109,341 33,366,096 001-00000 Use of Money and Property: 3300 INVESTMENT EARNINGS 270,307 369,900 324,831 318,827 3312 RENTAL 40,392 40,392 40,392 40,392 3314 RENTAL - LAND 282,515 266,372 265,402 265,400 3326 LEASE -OLD NATIONAL CITY LIBRARY 70,993 70,220 70,220 70,220 SUBTOTAL 664.207 746.884 700.845 694.839 001-0000 Inter -Governmental Revenue: 3400 STATE MOTOR VEHICLE IN LIEU 291,952 150,000 31,550 0 3420 STATE HOPTR 16,192 5,000 8,064 5,000 3455 CDC CONTRIBUTION 320,000 320,000 320,000 320,000 3452 MANDATED COST REIMBURSEMENT 27,975 10,000 25,841 10,000 3472 PORT OF SAN DIEGO Aquatic Center Proje 0 0 830,000 0 SUBTOTAL 656,119 485,000 1,215,455 335,000 001-0000 Other: 3586 PHOTOCOPY SALES 155 50 155 50 3634 MISC. REVENUE 71,812 5,000 59,647 5,000 3636 REFUNDS & REIMBURSEMENTS 146,014 2,500 1,613 2,500 3654 ADM.COST FROM SUCCESSOR AGENCY 0 0 0 366,000 3999 TRANSFERS FROM OTHER FUNDS 1,742,375 1,186,082 1,144,125 120,612 SUBTOTAL 1,960,356 1,193,632 1,205,540 494,162 001-02000 City Clerk Revenues 3585 MISC. USER CHARGES 51 0 81 0 3634 MISC. REVENUE 3,182 500 1,041 500 SUBTOTAL 3,233 500 1,122 500 Account Number CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2012-2013 Account Title 2012 2012 Adjstd Projected 2013 2011 Actuals Budget Actuals Estimates 001-04045 FINANCE REVENUES 3101 ADMINISTRATIVE FEES 3146 PARKING DISTRICT PERMIT 3585 MISC. USER CHARGES 3141 GARAGE SALE PERMITS 3589 RETURNED CHECK CHARGES SUBTOTAL 0 10,000 10,000 10,000 4,130 3,675 5,425 3,675 92 0 158 50 2,855 2,473 1,985 2,473 1,395 538 180 538 8,272 6,686 7,748 16,736 001-06027 PLANNING REVENUES 3143 HOME OCCUPATION PERMITS 3,740 3,300 2,970 2,200 3502 CONDITIONAL USE PERMIT 39,337 39,450 35,505 63,120 3504 INTERPRETATIONS/DETERMINATIONS 0 11,604 0 0 3506 PLANNED DEVELOPMENT PERMIT 40 5,918 0 0 3508 REQUEST INITIATE GP/SP CHANGE 0 0 75 0 3509 STREET VACATIONS 4,040 1,010 1,010 0 3510 TENTATIVE PARCEL MAP 3,25D 6,500 1,625 6,500 3511 TENTATIVE SUBDIVISION MAP 4,970 4,970 2,485 9,940 3513 ZONE VARIANCE PERMIT 4,010 6,015 0 0 3514 DAY CARE CENTER 310 620 0 310 3521 COASTAL DEVELOPMENT PERMIT 0 2,485 2,485 2,485 3531 CERTIFICATE OF COMPLIANCE 0 672 0 0 3532 BANNERS/SIGNS - PROCESSING FEE 680 600 360 320 3581 ENVIRONMENTAL ASSESSMENT FORM 0 3,635 0 0 3584 SUBSTANTIAL CONFORMANCE 0 2,830 0 0 3585 MISC. USER CHARGES 7,067 0 69 0 3588 ZONING/REBUILD LETTER 451 750 1,013 750 3634 MISC. REVENUE 5,748 0 (1,269) 0 Subtotal 73,843 90,359 46,328 85,625 001-06028 BUILDING REVENUES 3101 ADMINISTRATIVE FEES 0 0 23,993 15,000 3120 BUILDING PERMITS 525,989 252,000 361,800 350,000 3144 HOUSE MOVING PERMITS 0 36,000 0 0 3204 ENFORCEMENT FINES & PENALTIES 0 0 68,159 50,000 3545 PLAN CHECKING FEE 354 0 55,266 60,000 3552 CONST. & DEMOLITION ADMIN FEE 0 7,670 6,549 5,000 3585 MISC. USER CHARGES 8,272 0 3,509 0 Subtotal 534,615 295,670 519,276 480,000 001-06029 ENGINEERING REVENUES 3125 SEWER PERMITS 0 0 391 0 3130 STREET & CURB PERMITS 8,510 4,455 2,970 4,000 3142 GRADING PERMITS 13,940 9,900 7,534 10,000 3144 HOUSE MOVING PERMITS 15,934 5,000 8,396 10,000 3146 PARKING DISTRICT PERMIT 0 3,000 580 550 3147 MISCELLANEOUS PERMITS 1,268 1,585 60 0 3160 UTILITY COMPANY PERMITS 26,410 50,000 26,410 26,000 3204 ENFORCEMENT FINES & PENALTIES 0 0 200 0 3528 SALE OF PLANS & SPECIFICATIONS 2,557 0 3,755 3,000 3547 STORM WATER MGT FEE (NPDES) 0 4,000 0 2,000 3557 TRAFFIC CONTROL PLAN/IMPACT STUD) 0 0 5,250 7,875 3585 MISC. USER CHARGES 7,895 0 1,800 8,000 3634 MISC. REVENUES 8,743 4,000 3,786 301,000 3636 REFUND & REIMBURSEMENT 735,000 3647 20A CONVERSION REIMBURSEMENT 400,000 Subtotal 85,257 81,940 61,112 1,507,425 Account Number CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2012-2013 Account Title 2012 2012 Adjstd Protected 2013 2011 Actuals Budget Actuals Estimates 001-11000 POLICE: 3100 ANIMAL LICENSES 8,394 8,000 5,600 8,000 3200 VEHICLE CODE FINES 158,063 160,000 140,173 160,000 3201 PARKING CITATIONS 502,665 405,000 413,005 405,000 3203 PARKING CITE ADMIN FEE 10,205 5,000 9,023 5,000 3205 PARKING CITE SIGN -OFF FEE 0 0 135 0 3220 OTHER FORFEITS & PENALTIES 5,029 5,000 62,299 5,000 3469 OVERTIME REIMBURSEMENTS 0 0 43,622 40,000 3533 BOOKING FEES 9,312 8,500 7,912 8,500 3537 MISC. POLICE SERVICES 2,382 3,000 3,209 3,000 3548 ANIMAL CONTROL REVENUES 0 100 0 0 3550 VEHICLE IMPOUND FEES 10,250 7,000 9,338 11,000 3551 ADMINISTRATIVE IMPOUND FEE 36,190 35,000 48,918 65,000 3556 POLICE & FIRE SVCS - PORT OF SAN DIE 563,228 586,606 586,606 586,606 3558 TOW/IMPOUND REFERRAL FEES 40,810 29,680 62,640 122,520 3586 PHOTOCOPY SALES 11,018 9,500 11,212 9,500 3634 MISC. REVENUE 1,239 0 0 0 3636 11000-3636 REFUNDS & REIMBURSEMEt' 3,840 3,062 0 0 3467 SCHOOL DISTRICT CONTRACT REIMB-N: 0 60,000 61,917 61,917 3467 SCHOOL DISTRICT CONTRACT REIMB-St 0 80,000 0 80,000 Subtotal 1,362,625 1,405,448 1,465,609 1,571,043 001-12124 FIRE PREVENTION: 3121 UNIFORM FIRE CODE PERMITS 0 500 0 500 3122 STORAGE TANK PERMITS 0 200 800 200 3541 PLAN REVIEW FIRE SYSTEMS 18,257 8,100 8,100 8,100 3542 ABANDONED VEHICLE ABATEMENT 0 0 0 0 3553 FIRE PERMIT REVIEW FEE 60,120 50,500 71,165 60,000 3561 WEED ABATEMENT 18,963- 0 4,052 0 001-12125 FIRE OPERATIONS: 3202 FALSE ALARM FINES 35,851 20,000 39,044 20,000 3322 AMR LEASE - FIRE STATION 55,424 57,320 60,395 57,320 3544 MISC. FIRE SERVICES 60,861 35,000 110,420 35,000 3555 FIRE PROT SVCS-LOWER SWEETWATER 705,192 210,000 349,371 260,000 3556 POLICE & FIRE SVCS - PORT OF SAN DIE( 194,425 202,494 151,870 202,494 3558 LSWFPD EQUIP REPLACEMENT 0 80,000 75,920 75,000 3636 REFUNDS & REIMBURSEMENTS 108,228 40,000 0 40,000 3637 DONATIONS 0 0 0 0 Subtotal 1,238,358 704,114 871,137 758,614 001-14000 RISK MANAGEMENT: 3632 COMP INSURANCE REIMBURSEMENT 26,928 25,000 36,155 25,000 3633 INSURANCE -CDC 0 0 0 0 Subtotal 26,928 25,000 36,155 25,DOD b Account Number CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2012-2013 Account Title 2012 2012 Adjstd Protected 2013 2011 Actuals Budget Actuals Estimates 001-22000 PUBLIC WORKS : 3475 TONNAGE DIVERSION GRANT 3630 ACCIDENT DAMAGES 3634 MISC. REVENUE 001-22221 PUBLIC WORKS STREETS: 3634 MISC. REVENUE 34,847 25,000 23,078 140 0 0 389 0 8,982 25,000 0 0 726 0 1,852 0 001-22223 PUBLIC WORKS FACILITIES MAINT. 3313 RENTAL-KIMBALL 1,099 2,400 0 2,400 3315 RENTAL -OTHER CITY PROPERTY 2 0 30 0 3634 MISC. REVENUE 900 500 1,013 500 Subtotal 38,103 27,900 34,955 27,900 001-41000 RECREATION: 3317 RENTAL-LAS PALMAS GOLF COURSE 85,608 82,000 79,762 82,000 3572 MISC. RECREATION CHARGES 12,965 5,000 5,547 5,000 3637 DONATIONS 3,060 0 0 0 3637 M PORTILLO COMM CTR 500 0 0 0 Subtotal 102,133 87,000 85,309 87,000 001-4200D PARKS: 3590 STREET TREE FEES 65 400 0 400 Subtotal 65 400 0 400 001-45462 HOUSING AND GRANTS 3655 ASSET MANAGEMENT FEE 0 0 0 20,000 Subtotal 0 0 0 20,000 001-45464 NEIGHBORHOOD SRVCS 3585 MISC. USER CHARGES 6,868 0 13,641 0 Subtotal 6,868 0 13,641 0 GENERAL FUND TOTAL 38,511,047 36,210,662 38,373,573 39,470,340 104 LIBRARY FUND 104-00000 General Operating Revenues 3009 PROPERTY TAXES ALLOCATED 614,682 623,364 563,743 623,364 3420 STATE HOPTR 6,234 6,600 4,657 6,600 3634 MISC. REVENUE 18 0 0 0 3636 REFUNDS & REIMBURSEMENTS 3,311 0 0 0 3999 TRANSFERS FROM OTHER FUNDS 819,208 754,558 1,131,837 1,142,777 FUND TOTAL 1,443,453 1,384,522 1,700,237 1,772,741 105 PARKS MAINTENANCE FUND 3009 PROPERTY TAXES ALLOCATED 716,261 704.673 656,904 704,673 3420 STATE HOPTR 7,264 2,180 5,427 2,180 3999 TRANSFERS FROM OTHER FUNDS 456,012 406,977 610,466 411,818 FUND TOTAL 1,179,537 1,113,830 1,272,797 1,118,671 108 LIBRARY CAPITAL OUTLAY 3050 REAL PROPERTY TRANSFER TAX 62,026 77,760 71,646 77,760 3565 BOOK FINES 56.890 26.471 48.938 26.471 FUND TOTAL 118,916 104,231 120,584 104,231 1 Account Number CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2012-2013 Account Title 2012 2012 Adjstd Projected 2013 2011 Actuals Budget Actuals Estimates 109 GAS TAXES FUND 3300 INVESTMENT EARNINGS 3410 GAS TAX 2106 3411 GAS TAX 2107 3412 GAS TAX 2107.5 3413 GAS TAX 2105 3414 R&T 7360 FUND TOTAL 111 P.O.S.T. FUND 3461 P.O.S.T. FUND TOTAL 613 5,000 (55) 8,21D 201,303 228,603 213,251 210,967 396,990 447,467 442,021 442,373 0 7,500 7,500 7,500 297,712 336,242 311,566 308,244 509,936 706,614 672,501 692,233 1,408,554 1,731,426 1,646,784 1,669,527 24,892 48,100 20,585 48,100 24,892 48,100 20,585 48,100 115 PARK & REC CAPITAL OUTLAY FUND 3314 RENTAL -LAND 0 0 0 0 3470 COUNTY GRANTS 0 0 0 0 FUND TOTAL 0 0 0 0 120 PLAN CHECKING REVOLVING FUND 3500 ANNEXATION 3545 PLAN CHECKING FEE 315,149 278,000 346,827 300,000 FUND TOTAL 315,149 278,000 348,827 300,000 125 SEWER SERVICE FUND 3300 INVESTMENT EARNINGS 90,528 114,146 15,693 129,409 3316 RENTAL -SEWER 410 205 616 205 3563 SEWER SERVICE CHARGE 7,258,495 7,100,000 5,812,332 7,100,000 3564 SEWER TRANSPORTATION CHARGE 0 7,910 0 7,910 3610 SEWER CONNECTION FEES 486 10,000 0 10,000 3636 REFUNDS & REIMBURSEMENTS 9,483 0 6,925 0 3830 LOAN REPAYMENT 0 0 11,250 8,785 FUND TOTAL 7,359,402 7,232,281 5,846,816 7,256,309 130 EMT-D REVOLVING FUND 3034 FRANCHISE -AMR 315,289 296,857 291,036 302,794 3996 PENALTY -AMR 1,500 0 0 0 FUND TOTAL 318,789 296,857 291,036 302,794 131 ASSET FORFEITURE FUND 3300 INVESTMENT EARNINGS 2,923 4,963 0 4,546 3539 SEIZED ASSETS 64,753 185,480 58,559 58,559 FUND TOTAL 67,676 190,443 58,559 63,105 159 GENERAL PLAN UPDATE RESERVE 3900 Other Financing Sources 3999 TRANSFERS FROM OTHER FUNDS 666,667 FUND TOTAL 668,667 0 0 0 0 0 0 166 NUTRITION 3470 COUNTY GRANTS 323,005 337,904 270,978 324,180 3514 NUTRITION INCOME - CATERED MEALS 50,089 48,000 32,661 0 3515 NUTRITION - PROGRAM INCOME 100,404 96,000 110,414 103,000 3516 NCNP - NON -MEALS DONATIONS 500 0 0 0 3517 NUTRITION INCOME - DELIVERED MEALS 19,455 19,200 11,635 12,000 3636 REFUNDS & REIMBURSEMENTS 0 0 0 0 3999 TRANSFERS FROM OTHER FUNDS 336,260 269,349 269,349 308,499 FUND TOTAL 829,713 770,453 695,037 747,679 ,rays o ox ia) Account Number CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2012-2013 Account Title 2012 2012 Adjstd Protected 2013 2011 Actuals Budget Actuals Estimates 171 LIBRARY SCHOOL DISTRICT CNTRCT 3467 SCHOOL DISTRICT CONTRACT REIMB FUND TOTAL 17,740 17,740 17,740 17,740 17,740 17,740 17,740 17,740 172 TRASH RATE STABILIZATION FUND 3462 SALES TAX REIMBURSEMENT 9,263 0 13,895- 0 3642 RATE STABILIZATION RECEIPTS 141,987 144,500 144,333 144,500 FUND TOTAL 151,250 144,500 144,333 144,500 189 CIVIC CENTER REFURBISHING 3300 INVESTMENT EARNINGS 19,885 17,867 17,867 17,867 FUND TOTAL 19,885 17,867 17,867 17,867 190 30TH STREET CLEANUP FUND -1303 3300 INVESTMENT EARNINGS 1,699 1,500 23- 2,942 FUND TOTAL 1,699 1,500 0 2,942 191 STOP PROJECT 3550 VEHICLE IMPOUND FEES 68,407 55,000 68,909 55,000 FUND TOTAL 66,407 55,000 68,909 55,000 198 PROPERTY EVIDENCE SEIZURE 3600 Other 0 0 0 0 FUND TOTAL 0 0 0 0 200 30TH STREET CLEANUP FUND -1304 3300 INVESTMENT EARNINGS 4,279 2,000 (58) 7,408 FUND TOTAL 4,279 2,000 (58) 7,408 201 NCJPFA DEBT SERVICE FUND 3300 INVESTMENT EARNINGS 9 0 0 0 3456 POLICE FACILITY LEASE 332,504 487,450 487,450 490,225 FUND TOTAL 332,513 487,450 487,450 490,225 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 3463 OTHER STATE GRANTS 100,000 FUND TOTAL 100,000 0 0 0 0 0 0 211 SECURITY AND ALARM REGULATION FUND 3161 SECURITY ALARM PERMITS 4,450 4,000 5,010 4,000 3202 FALSE ALARM FINES 2,156 2,000 1,650 2,000 FUND TOTAL 6,606 6,000 6,660 6,000 212 PERSONNEL COMPENSATION FUND 3700 INTERNAL SERVICE CHARGES 356,900 356,900 178.452 0 3999 TRANSFERS FROM OTHER FUNDS 1,993,986 0 0 125,000 FUND TOTAL 2,350,886 356,900 178,452 125,000 241 NATIONAL CITY LIBRARY STATE GRANT 3300 INVESTMENT EARNINGS 111 169 (2) 0 3463 OTHER STATE GRANTS 0 0 0 0 FUND TOTAL 111 169 (2) 0 trage y or io) Account Number CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2012-2013 Account Title 2012 2012 Adjstd Projected 2013 2011 Actuals Budget Actuals Estimates 246 WINGS GRANT 3463 OTHER STATE GRANTS FUND TOTAL 253 RECREATIONAL ACTIVITIES FUND 3598 MISC RECREATION REVENUE FUND TOTAL 699,239 979,698 1,173,719 979,698 699,239 979,698 1,173,719 979,698 29,118 15,000 14,854 15,000 29,118 15,000 14,854 15,000 259 LIBRARY BONDS DEBT SERVICE FUND 3008 SPECIAL ASSESSMENT -GO BONDS 438,825 399,500 399,667 398,889 FUND TOTAL 438,825 399,500 399,867 398,889 277 NC PUBLIC LIBRARY DONATIONS FUND 3637 DONATIONS 5,239 2,000 3,600 2,000 FUND TOTAL 5,239 2,000 3,600 2,000 290 POLICE DEPT GRANTS 290-11615 BORDER VIOLENCE PROJECT 3498 FEDERAL GRANT -BORDER VIOLENCE PR 132,839 0 92,794 0 290-11619 AVOID DUI GRANT AL0939 3463 OTHER STATE GRANTS -AVOID DUI GRAN 15,618 15,000 9,394 0 290-11622 2010 HOPE GRANT 3498 OTHER FEDERAL GRANTS 0 95,000 0 0 290-11623 2010-2011 JUDGE GRANT 3498 OTHER FEDERAL GRANTS -JUDGE 47,135 48,434 0 47,120 290-11624 2010 OPERATION STONEGARDEN GRANT 3498 OTHER FEDERAL GRANTS-STONEGARDE 87,147 81,444 119,396 0 290-11625 CVPD DUI PROSECUTION GRANT#AL1189 3463 OTHER STATE GRANTS-CVPD DUI PROSE 7,532 0 25,617 0 290-11626 RATT GRANT 3470 COUNTY GRANTS-RATT GRANT 39,481 92,000 0 80,000 290-11627 2011 CHILDREN EXPOSED TO DOMESTIC VIOLEN 3498 OTHER FEDERAL GRANTS-2011 CEDV 22,075 0 198,024 0 290.11630 2012 OTS SOBRIETY CHECKPOINT SC12279 3463 OTHER STATE GRANTS-2012 SC12279 0 36,800 0 36,800 290-11631 2012 - OTS GRANT #20319 3463 OTHER STATE GRANTS - OTS GRANT #20 0 103,429 0 103,429 290-11632 2012 - HIDTA GRANT 0 82,191 82,191 82,191 FUND TOTAL 351,827 554,298 527,416 349,540 Account Number CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2012-2013 Account Title 2012 2012 Adjstd Projected 2013 2011 Actuals Budget Actuals Estimates 296 ENGINEERING DEPT GRANTS 296-06000 General Operating Revenues 3498 OTHER FEDERAL GRANTS-CPPW SAFE R 152 0 6,363 0 295.06512 TDA/TRANSNET BPNSP GRANT 3463 OTHER STATE GRANTS-TDA/TRANSNET E 37,674 0 0 0 296-21510 RUBBERIZED ASPHALT CONCRETE GRANT-CIWMB 3463 OTHER STATE GRANTS 0 0 0 0 296-22511 US DOE GRANT# DE-SC0002029 3498 OTHER FEDERAL GRANTS -DOE DE-SC001 23,137 0 146,830 0 FUND TOTAL 60,963 0 153,193 0 301 GRANT-C.D.B.G. 3480 REVENUE SHARING 0 0 0 0 3498 OTHER FEDERAL GRANTS 1,644,864 1,463,226 169,232 866,002 FUND TOTAL 1,644,864 1,463,226 169,232 866,002 307 PROPOSITION A" FUND 3300 INVESTMENT EARNINGS 3,447 10,765 0 0 3466 TRANSACTIONS & USE TAX 0 687,000 1,216,500 770,000 FUND TOTAL 3,447 697,765 1,216,500 770,000 312 STP LOCALITRANSNET HIGHWAY 3498 OTHER FEDERAL GRANTS FUND TOTAL 323 SAFE ROUTES TO SCHOOL 3463 OTHER STATE GRANTS -SAFE ROUTES Tf FUND TOTAL 325 DEVELOPMENT IMPACT FEES 325-11000 Police Revenues 3624 DEV. IMPACT FEES -POLICE 325-12125 Fire Operations Revenues 3623 Dev Impact Fees- Fire/EMS 325-31000 Library Revenues 3622 Dev Impact Fees- Library 325-42000 Parks Revenues 3621 Dev Impact Fees- Parks and Rec FUND TOTAL 179,843 179,843 61,335 61,335 0 0 0 0 0 0 0 0 0 0 0 0 25,025 21,000 67,293 21,000 13,464 8,000 26,603 8,000 14,860 2,000 3,096 2,000 6,363 205,000 15,444 5,000 59,712 236,000 112,436 36,000 (rage II or 1J) Account Number CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2012-2013 Account Title 2012 2012 Adjstd Projected 2013 2011 Actuals Budget Actuals Estimates 326 TRANSPORTATION IMPACT FEE FUND 326-00000 General Operating Revenues 3162 TDIF REVENUE - SF RESIDENTIAL 39,699 18,000 2,183 4,135 3163 TDIF REVENUE - MF RESIDENTIAL 0 3.000 131.883 3.000 3300 00000-3300 INVESTMENT EARNINGS 3,269 0 0 0 FUND TOTAL 42,968 21,000 134,068 7,135 343 STATE -LOCAL PARTNERSHIP 343-00000 General Operating Revenues 3300 INVESTMENT EARNINGS 700 500 0 1,211 FUND TOTAL 700 500 0 1,211 345 TRAFFIC CONGESTION RELIEF 345-00000 General Operating Revenues 3999 TRANSFER FROM OTHER FUNDS 0 0 0 61,537 FUND TOTAL 0 0 0 61,537 346 PROP 16 FUND 346-00000 General Operating Revenues 3300 INVESTMENT EARNINGS 640 0 0 1,223 3463 OTHER STATE GRANTS 86,677 0 0 0 FUND TOTAL 87,317 0 0 1,223 348 STATE GRANT 348-00000 General Operating Revenues 3300 INVESTMENT EARNINGS 2,055 0 0 4,960 3463 OTHER STATE GRANTS 0 0 0 0 3999 TRANSFERS FROM OTHER FUNDS 0 0 0 0 FUND TOTAL 2,055 0 0 4,960 502 SECTION 8 FUND 502-45462 SECTION 8 REVENUE 3600 OTHER REVENUE - PORTABILITY 80% 1,148 0 1,274 0 3614 HUD REVENUE -HOUSING ASSISTANCE P1 8,583,579 8,280,000 7,896,918 8,520,000 3615 HUD REVENUE-AMINISTRATIVE FEES 998,728 900,000 869,391 900,000 3616 FRAUD RECOVERY -HAP 8,357 8,000 34,977 8,000 3617 FRAUD RECOVERY --ADMINISTRATIVE FEI 8,357 8,000 34,977 8,000 3618 OTHER REVENUE -PORTABILITY ADMIN 17,867 0 15,574 0 3619 OTHER REVENUE-FSS FORFEITURE 0 0 0 0 3634 MISC. REVENUE 0 0 600 0 3999 TRANSFERS FROM OTHER FUNDS 0 0 0 0 FUND TOTAL 9,618,036 9,198,000 8,853,711 9,436,000 Account Number CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2012-2013 Account Title 2012 2012 Adjstd Projected 2013 2011 Actuals Budget Actuals Estimates 505 HOME FUND 505-00000 General Operating Revenues 3300 INVESTMENT EARNINGS 3321 HILP PAYMTS. INTEREST 3498 OTHER FEDERAL GRANTS FUND TOTAL 506 HOME LOAN PROGRAM FUND 13,795 0 1,515 0 33,497 35,983 0 0 1,155,914 588,081 657,417 295,176 1,203,206 624,064 658,932 295,176 508-00000 General Operating Revenues 3300 INVESTMENT EARNINGS 7,013 2,500 209 0 3321 HILP PAYMTS. INTEREST 3,208 4,700 1,215 0 3589 RETURNED CHECK CHARGES 0 0 0 0 3634 MISC. REVENUE 202,583 0 0 7,400 3636 REFUNDS & REIMBURSEMENTS 0 0 0 0 FUND TOTAL 212,804 7,200 1,424 7,400 522 LOW/MODERATE HOUSING FUND 522-00000 General Operating Revenues 3011 TAX INCREMENT REVENUE 2,767,741 2,909,034 1,728,812 0 3300 INVESTMENT EARNINGS 53,998 2,091 6,713 0 3321 FTHB PAYMTS. INTEREST 87,419 55,532 0 0 3634 MISCELLANEOUS REVENUE 2,409 0 0 0 3636 REFUNDS & REIMBURSEMENTS 30,565 0 0 0 3999 TRANSFERS FROM OTHER FUNDS 0 0 0 0 FUND TOTAL 2,942,132 2,968,857 1,735,525 0 524 2011 TAB FUND - CAPITAL IMPROVEMENT 524-00000 General Operating Revenues 3300 INVESTMENT EARNINGS 7,168 0 21,216 0 3900 00000-3900 Other Financing Sources 3991 00000-3991 BOND PROCEEDS FUND TOTAL 525 2011 TAB FUND - HOUSING 39,660,000 39,660,000 0 0 0 0 0 0 525-00000 General Operating Revenues 3300 INVESTMENT EARNINGS 0 0 0 0 FUND TOTAL 0 0 0 0 13 trage 13 QL 1Q) Account Number CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2012-2013 Account Title 2012 2012 AdJstd Projected 2013 2011 Actuals Budget Actuals Estimates 628 FACILITIES MAINT FUND 626-00000 General Operating Revenues 3300 INVESTMENT EARNINGS 221 0 0 0 3634 MISC. REVENUE 137 0 263 0 3636 REFUNDS & REIMBURSEMENTS 0 0 0 0 3700 INTERNAL SERVICE CHARGES 1,853,015 2,730,168 1,365,084 2,519,173 3999 TRANSFERS FROM OTHER FUNDS 4,210 0 0 0 FUND TOTAL 1,857,583 2,730,168 1,365,347 2,519,173 627 LIABILITY INS, FUND 627.00000 General Operating Revenues 3636 REFUNDS & REIMBURSEMENTS 114,871 0 23,823 0 3700 INTERNAL SERVICE CHARGES 1,465,228 1,459,579 758,292 1,383,992 14000-3700 INTERNAL SERVICE CHARGES 1,451,841 1,408,287 1,394,765 1,443,612 FUND TOTAL 3,051,940 2,887,866 2,176,880 2,827,604 628 GENERAL SERVICES FUND 628-00000 General Operating Revenues 3700 INTERNAL SERVICE CHARGES 254,972 0 0 0 FUND TOTAL 254,972 0 0 0 629 INFORMATION SYSTEMS MAINTENANCE 629-00000 General Operating Revenues 3455 CDC CONTRIBUTION 0 0 0 0 3700 INTERNAL SERVICE CHARGES 1,209,750 1,463,951 741,726 2,037,291 FUND TOTAL 1,209,750 1,463,951 741,726 2,037,291 632 GENERAL ACCOUNTING SERVICES 632-00000 General Operating Revenues 3636 REFUNDS & REIMBURSEMENTS 0 0 0 0 3700 INTERNAL SERVICE CHARGES 889,875 1,144,847 547.860 1,297,553 FUND TOTAL 889,875 1,144,847 547.860 1,297,553 843 MOTOR VEHICLE SVC FUND 843-00000 General Operating Revenues 3636 REFUNDS & REIMBURSEMENTS 0 0 0 0 3700 INTERNAL SERVICE CHARGES 1,853,015 1,350,030 684,603 1,171,187 3999 TRANSFERS FROM OTHER FUNDS 0 0 0 0 FUND TOTAL 1,853,015 1,350,030 684,603 1,171,187 644 EQUIPMENT REPLACEMENT RESERVE 644-00000 General Operating Revenues 3999 TRANSFER FROM OTHER FUNDS 0 0 0 575.342 FUND TOTAL 0 0 0 575,342 Account Number CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2012-2013 Account Title 2012 2012 Adjstd Projected 2013 2011 Actuals Budget Actuals Estimates 731 CONSTRUCTION AND DEMOLITION DEBRIS 731-0000D General Operating Revenues 06028-3552 CONST. & DEMOLITION ADMIN FEE 10,738 0 6,008 5,000 06028-3815 CONST. & DEMOLITION FORFEITED DEPC 10,065 0 69,369 45,000 FUND TOTAL 20,803 0 75,377 50,000 GRAND TOTAL 121,734,739 77,169,881 72,040,254 77,430,100 (Page 15 of 15) Passed and adopted by the Council of the City of National City, California, on June 19, 2012 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California itfR�l/II� City Clerk of the City National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-137 the City of National City, Califomia, passed and adopted by the Council of said City on June 19, 2012. By: City Clerk of the City of National City, California Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2013, AGENDA ITEM NO, 14 ITEM TITLE: IA Resolution of the City Council of the City of National City in support of Assembly Bill 981— Bloom (AB 981) related to the use of Redevelopment bond proceeds. PREPARED BY: Brad Raulston, Executive Director PHONE: Ext 4256 EXPLANATION: See, background report attached. DEPARTMENT: City Manager APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. IN/A', ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution! BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Background Report 2. Proposed Resolution Attachment "1" BACKGROUND Existing law dissolved redevelopment agencies and community development agencies, as of February 1, 2012, and provided for the designation of successor agencies to wind down the affairs of the dissolved redevelopment agencies and to, among other things, make payments due for enforceable obligations and to perform obligations required pursuant to any enforceable obligation. Existing law provides for the transfer of housing assets and functions previously performed by the dissolved redevelopment agency to one of several specified public entities. Existing law authorizes that entity to designate the use of, and commit, indebtedness obligation proceeds that were issued for affordable housing purposes prior to January 1, 2011, and were backed by the Low and Moderate Income Housing Fund. Assembly Bill (AB 981) would instead authorize that entity to designate the use of, and commit, indebtedness obligation proceeds that were issued prior to June 28, 2011. Existing law authorizes the Department of Finance to issue a finding of completion to a successor agency that completes a due diligence review and meets other requirements. Upon receiving a finding of completion, a successor agency is authorized to expend excess bond proceeds derived from bonds issued on or before December 31, 2010, in a manner consistent with the original bond covenants. AB 981 would modify this authorization to include the expenditure of excess bond proceeds derived from bonds issued on or before June 28, 2011. The bill, if passed, would expressly authorize the Successor Agency to designate the use of and commit bond proceeds in the amount of $39,335,000, which derived from the issuance of the 2011 Tax Allocation Bonds on March 3, 2011. a�toln�* 3 AB 981 (Bloom) Redevelopment Agencies: Statewide Economic Development, Infrastructure Construction, Affordable Housing and Job Creation Fact Sheet PURPOSE It is estimated that approximately $650 million in 2011 redevelopment bond proceeds are currently sitting idle and cannot be used. If these proceeds were spent on their intended projects, it is estimated that approximately 9,300 high wage construction and related jobs would be generated. The elimination of redevelopment agencies has put the State in a difficult predicament and at risk for costly litigation while jobs are desperately needed. During the first half of 2011, prior to the dissolution of all redevelopment agencies, approximately 50 agencies legally issued bonds, of those cities, 37 have outstanding bond proceeds they are now not allowed to use. If these funds were put to work, it is estimated they could generate approximately 9,300 jobs and, conservatively, over $1.2 billion in statewide economic activity and $60 million dollars in new State and local tax revenues. The State has asserted that the vast majority of the 2011 redevelopment bonds must be defeased and their proceeds not spent on projects, however, over 90% of these bonds cannot be defeased for 10 years. During this ten year period nearly $1 billion will be spent on the debt service payments for these bonds, and the bond proceeds will continue to go unused. If the proceeds were used for their intended purposes, the construction of these projects would generate over $1.2 billion in statewide economic activity, more than the debt service payments during the ten year period. The vast majority of these bonds were issued for public works projects such as infrastructure construction and repair, new public facilities, and affordable housing. Bondholders who purchased tax-exempt bonds (approximately 70% of the bonds in question) for specific public works projects were promised tax-free returns. Per Federal Tax Law, tax-exempt bond proceeds must be used for their intended purpose, or the bonds could be subject to losing their tax-exempt status. There are 37 successor agencies (former redevelopment agencies) holding these bond proceeds and they are located throughout the State. SUMMARY AB 981 would adjust the cutoff date for the use of redevelopment bond proceeds, from December 31, 2010, as currently established in AB 1484, to June 28, 2011, the date the dissolution legislation was signed, thus allowing 2011 bond funds to be used for economic development and job creation. EXISTING LAW AB 1484, a clean-up bill to AB X1 26 (the dissolution legislation), granted successor agencies the ability to use bond proceeds issued prior to January 1, 2011, but was ambiguous on the use of bonds issued between January 1, 2011 and June 28, 2011 (legally issued prior to the dissolution of redevelopment agencies). The Department of Finance has interpreted AB 1484 to mean that successor agencies cannot use 2011 bond proceeds unless the former redevelopment agency had entered into third party contract to expend the proceeds, prior to agency dissolution. The Department of Finance contends that the bonds must be defeased using the remaining proceeds. However, the majority of the 2011 bonds cannot be defeased for 10 years. Office of Assemblymember Richard Bloom AB 981 - Fact Sheet Contact: Guy Strahl (916) 319-2050 Page 1 BACKGROUND Prior to the dissolution of redevelopment agencies in the State, several cities through their local Redevelopment Agencies (RDA) legally issued bonds between January 1, 2011 and June 28, 2011, for qualified local projects, including infrastructure, public works, and affordable housing projects. Chapter 5, Statutes of 2011 (AB X1 26, Blumenfield), imposed an immediate freeze on RDA authority to engage in most of their previous functions, including incurring new debt, making loans or grants, entering into new contracts or amending existing contracts, acquiring or disposing of assets, or altering redevelopment plans. The bill also dissolved RDAs, effective February 1, 2012 (Supreme Court adjusted date) and created a process for winding down redevelopment financial affairs and distributing any net funds from assets or property taxes to other local taxing agencies. Chapter 6, Statutes of 2011 (ABX1 27, Blumenfield) allowed RDAs to opt into a voluntary altemative program to avoid the dissolution included in AB X1 26. The program included annual payments to K-12 districts ($1.7 billion in 2011-12 and about $400 million in future years) to offset the fiscal effect of redevelopment. AB X1 27 was struck down by the State Supreme court on a 6-1 vote in 2011, on the grounds that it violated Prop 22 (Passed by voters in 2010). Because of the decision, redevelopment agencies were dissolved and replaced by successor agencies and oversight boards. After the court decisions, AB 1484 was enacted and specifies how the successor agencies will manage and administer the functions of the former redevelopment agencies, the role of the oversight boards and state Department of Finance in the Redevelopment Dissolution process. SPONSOR Author Sponsored SUPPORT City of West Hollywood City of Lynwood City of Signal Hill Palm Communities OPPOSITION None on File Version: 3/20/2013 Office of Assemblymember Richard Bloom AB 981 - Fact Sheet Contact: Guy Strahl (916) 319-2050 Page 2 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY IN SUPPORT OF ASSEMBLY BILL 981 - BLOOM RELATED TO THE USE OF REDEVELOPMENT BOND PROCEEDS WHEREAS, redevelopment has been an essential tool in the revitalization of communities across California and the City of National City; and WHEREAS, the elimination of Redevelopment Agencies ("RDAs") has left cities without the necessary tools to continue the important work of reducing blight and creating safer, more livable neighborhoods that can meet residents' expectations; and WHEREAS, the City of National City, over the course of many years, has developed and invested in plans to implement a capital improvement program, which included the WI-TOD affordable housing project, streets and park improvements, and other public projects; and WHEREAS, the City of National City developed and adopted the Westside Specific Plan which included the WI-TOD project, and which also was accompanied by a certified environmental impact report; and WHEREAS, the City of National City also developed and adopted the General Plan Update with an accompanying certified environmental impact report, which included transportation and park improvements; and WHEREAS, the Community Development Commission — Redevelopment Agency in 2011 issued bonds in the amount of $39,660,000 and was ready to execute contracts with contractors and project managers to construct the above -referenced projects; and WHEREAS, the elimination of RDAs, as prescribed by ABx1 26, assumed that funds generated as a result of the bond issuance would be made available by the successor agency to the state and counties to be used for purposes other than those for which they were originally issued; and WHEREAS, bonds floated under a tax-exempt status can only be used for the originally intended purposes and cannot be defeased for 10 years, using bond proceeds for purposes other than the originally stated could trigger a Toss of the tax-exempt status and the potential imposition of monetary penalties; and WHEREAS, the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ("Successor Agency") is currently servicing the debt on the issued bonds and has made bi-annual debt service payments; and WHEREAS, cities like National City have been prevented from proceeding with the construction of much needed projects at a time when the unemployment in California is above 10%; and WHEREAS, AB 981 will allow 2011 bond proceeds to be used for their intended purposes after the State grants a finding of completion; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby supports Assembly Bill 981 - Bloom related to the use of redevelopment bond proceeds. --- Signature Page to Follow --- Resolution No. 2013- Page Two PASSED and ADOPTED this 2nd day of April, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2013 AGENDA ITEM NO. 15 ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for a martial arts school at 340 West 26th Street, suite G & H. (Applicant: Leticia Ribeiro Dos Santos) (Case File 2013-05 CUP) PREPARED BY: ;Martin Reeder, AICP DEPARTMENT: Plan PHONE: I336-4313 APPROVED BY: EXPLANATION: The project area is in the Southport Industrial Park, a 297,500 square -foot multi -tenant industrial park south of Mile of Cars Way. The proposal site is on West 26th Street, west of Hoover Avenue in the IL (Light Industrial) zone. The applicant proposes to operate a Brazilian Jiu-Jitsu martial arts school providing instruction Monday to Saturday from 9 a.m. to 9 p.m. Classes would be offered for 15 to 20 students at a time. The project suite is 3,630 square feet and would also include accessory retail sales of martial arts accessories (clothing, books, etc.). Planning Commission conducted a public hearing on March 18, 2013. Commissioners asked questions regarding Conditions of Approval and business operations/occupancy. The Commission voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail., FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: ENVIRONMENTAL REVIEW: Exempt pursuant to CEQA Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: 'Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. j BOARD / COMMISSION RECOMMENDATION: the Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, DeLaPaz, Flores, Pruitt, Reynolds Absent: Baca, Bush ATTACHMENTS: 1. Location Map 2. Planning Commission Staff Report 3. Resolution No. 8-2013 4. Reduced Plans t OS INTER,1r,TE 5 SDMTS-R-O-W 2525 2626 2702 SOUTHPORT 2525 2520 w O w W 26TH ST 2602 2700 1 W 28TH ST HOOVER AVE W 25TH ST IL 2727 Project Locations Zone Boundary I Feet 0 75 150 300 APN: 562-340-33 Planning Commission Location Map 2013-05 CUP 1 3.6.13 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. 5 March 18, 2013 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A MARTIAL ARTS SCHOOL AT 340 W. 26TH STREET, SUITES G AND H 2013-05 CUP West side of Hoover Avenue, south of Mile of Cars Way. 562-340-33 Michael Fellows — Planning Technician Leticia Ribeiro Dos Santos Fenton NCP LLC Light Industrial (IL) .51 acres (industrial park approximately 20 acres) Southport Industrial Park across 26th Street / IL Southport Industrial Park / IL Southport Industrial Park / IL Southport Industrial Park / IL Categorically Exempt pursuant to Class (Existing Facilities) 1 Section 15301 2 BACKGROUND Site Characteristics The project site is the Southport Industrial Park, which is a 297,500 square -foot multi - tenant industrial park developed on approximately 20 acres of land. The industrial park is located in the IL (Light Industrial) zone. Proposed Use The applicant proposes to open a Brazilian Jiu-Jitsu martial arts school that would provide instruction Monday through Saturday from 9 a.m. to 9 p.m. Classes would be held throughout the day for approximately 15 students at a time. The proposed school would be 3,630 square feet and would include accessory retail sales of martial arts accessories (clothing, books, etc.) Analysis Martial arts instruction is classified as indoor commercial recreation, which is permitted in the IL zone with issuance of a Conditional Use Permit (CUP). Concerns with martial arts schools usually focus around traffic, a high demand for parking that is concentrated at particular times for extended periods of time, and the potential for noise impacting neighboring uses. Traffic and parking The existing road network is more than capable of handling the additional traffic generated by the martial arts school. This determination is based on SANDAG data that estimates a 3,630 square -foot martial arts school would generate approximately 109 average daily trips (ADT) or about 10 trips per hour. Access to the property is provided by Hoover Avenue, a collector street and Mile of Cars Way, an arterial street. Both streets are more than capable of handling the nominal increase in traffic as they have a Level of Service (LOS) of A, the best rating available. The industrial park has sufficient parking to support both the proposed martial arts school and the existing industrial uses in the industrial park. This determination is based on the 890 parking spaces that currently exist on the site, which exceeds the 300 parking spaces required by the Land Use Codefor the development. The proposed 3,640 square foot school would require six more parking spaces (2.5 spaces per 1,000 square feet of gross floor area) than an industrial use (1 space per 1000 square feet gross floor area) in the same suite; however, the site can easily handle the increase in parking needs for the reason mentioned above. Noise Martial arts instruction and participation can be noisy and incompatible with neighboring uses. In this case, noise is not a concern since neighboring uses are manufacturing uses in an industrial zone where moderately noisy uses are expected. 3 A Condition of Approval will be added requiring all aspects of the school (training, exercising, etc.) be conducted within the building at all times to help reduce noise impacts on neighboring uses. Retail sales Retail sales are only permitted in the IL zone as an accessory use which is incidental to or customarily found in conjunction with the primary use. In this case, the applicant is requesting to sell clothing and other items that are related to the martial arts school which is allowed by the zone. Department Comments The Building Department conducted an inspection and observed minor electrical and ADA violations that must be corrected prior to operation of the school. The Fire Department provided standard comments for this type of use that requires the applicant to obtain the occupancy Toad from the Building Department, installation of panic hardware and green illuminated exiting signs if occupancy load is 50 or greater, and the installation of fire extinguishers. The Police Department requested that Conditions of Approval be added to the business that restricts the business from selling items typically sold at tobacco specialty shops including unregulated tobacco, Spice (mimics effects of cannabis), Bath Salts (synthetic powder frequently produced with amphetamine like products), and tobacco drug paraphernalia. Engineering Division had no comments since there is no construction proposed as part of the project. Conditions of Approval have been included to address Department comments, with the exception of Police comments. The Condition of Approval requiring the retail business remain accessory to the martial arts school, and requires that all items sold be reasonably related to the martial arts school, would cover this. Summary The proposed martial arts school with accessory retail sales is permitted in the zone by the Land Use Code with the approval of a Conditional Use Permit. Conditions of Approval will help ensure that the business operates in harmony with existing uses in the area. Furthermore, the potential impacts on neighboring uses are minimal since the road network is capable of handling the minor increase in traffic, adequate parking is provided on the site, and noise will have little effect on neighboring manufacturing uses. 4 RECOMMENDATION Approve 2013-05 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 37 property owners) 5. Notice of Exemption 6. Exhibit A, Case File No. 2013-05 CUP, dated 2/27/2013 MICHAEL FELLOWS Planning Technician BRAD RAULSTON Executive Director 5 RECOMMENDED FINDINGS FOR APPROVAL 2013-05 CUP, 340 W. 26th Street, Suites G and H 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 generated by the proposed use, since the site has access to Hoover Avenue, a collector street, and Mile of Cars Way, an arterial street, which can accommodate the additional 109 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 within an existing building within an industrial park that provides adequate parking for the use. 4. That the proposed use is deemed essential and desirable to the public convenience, since the school will provide a service (martial arts instruction) that is in demand by members of the community. 6 RECOMMENDED CONDITIONS OF APPROVAL 2013-05 CUP, 340 W. 26th Street, Suites G and H General 1. This Conditional Use Permit authorizes a martial arts school at 340 W. 26th Street, Suites G and H. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2013-05 CUP, dated 2/27/2013. 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 Departmentthat 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 the Land Use Code. 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 6. A building permit must be obtained for a change of occupancy and the minor electrical and ADA violations observed during a site inspection must be fixed prior to operation of the martial arts school. Fire 7. Any plans submitted for construction shall comply with 2010 edition of NFPA, 2010 edition of the CFC. 7 8. An occupancy Toad shall be provided by the National City Building Department to meet code. 9. If the occupancy load is 50 or greater, the requirements for panic hardware and illuminated green exits signs with emergency lights will be required. 10. Fire extinguishers shall be placed inside the building to meet California Fire Code requirements. Please call for direction on placement. 11.A 48-hour notice is required prior to required fire inspection. Planning 12.AII aspects of the school (training, exercising, etc.) shall be conducted within the building at all times. 13. Retail sales must be reasonably related to martial arts training and the retail function must remain accessory to the martial arts school. 8 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR A MARTIAL ARTS SCHOOL AT 340 W. 26TH STREET, SUITES G AND H. CASE FILE NO.: 2013-05 CUP APN: 562-340-33 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, March 18th, 2013, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Leticia Ribeiro) The applicant proposes to operate a martial arts school in an existing industrial suite located in an industrial zone. The school proposes to operate daily from 9 a.m. to 9. p.m. at varying hours. There is no construction proposed with the project. 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., March 18th, 2013, who can be contacted at 619-336-4310 or planninq(a7nationalcitvca.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 I '- BRAD RAULSTON Executive Director 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: 2013-05 CUP Project Location: 340 W. 26th Street, Suites G and H, National City, CA 91950 Contact Person: Michael Fellows Telephone Number: (619) 336-4315 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a martial arts school within a 3,630 square -foot suite in an existing industrial park. Applicant: Leticia Ribeiro Santos 1739 Thomas Avenue #1 San Diego, CA 92109 Exempt Status: Telephone Number: (619) 888-5228 Categorical Exemption. Class 1 Section 15301 (Existing Facilities) Reasons why project is exempt: The proposed use will not have a significant impact on the environment since the martial arts school is locating within an existing building and vehicular trips generated by the use will be nominal. Date: MICAHEL FELLOWS Planning Technician 10 RESOLUTION NO. 8-2013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A MARTIAL ARTS SCHOOL AT 340 W. 26TH STREET, SUITES G AND H. CASE FILE NO. 2013-05 CUP APN: 562-340-33 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a martial arts schools at 340 West 26th Street, Suites G and H at a duly advertised public hearing held on March 18, 2013, 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. 2013-05 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 March 18, 2013, 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 generated by the proposed use, since the site has access to Hoover Avenue, a collector street, and Mile of Cars Way, an arterial street, which can accommodate the additional 109 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 within an existing building within an industrial park that provides adequate parking for the use. 4. That the proposed use is deemed essential and desirable to the public convenience, since the school will provide a service (martial arts instruction) that is in demand by members of the community. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 11 General 1. This Conditional Use Permit authorizes a martial arts school at 340 W. 26th Street, Suites G and H. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2013-05 CUP, dated 2/27/2013. 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 Departmentthat 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 the Land Use Code. 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 6. A building permit must be obtained for a change of occupancy and the minor electrical and ADA violations observed during a site inspection must be fixed prior to operation of the martial arts school. Fire 7. Any plans submitted for construction shall comply with 2010 edition of NFPA, 2010 edition of the CFC. 8. An occupancy load shall be provided by the National City Building Department to meet code. 9. If the occupancy Toad is 50 or greater, the requirements for panic hardware and illuminated green exits signs with emergency lights will be required. 10. Fire extinguishers shall be placed inside the building to meet California Fire Code requirements. Please call for direction on placement. 11.A 48-hour notice is required prior to required fire inspection. 12 Planning 12.AII aspects of the school (training, exercising, etc.) shall be conducted within the building at all times. 13. Retail sales must be reasonably related to martial arts training and the retail function must remain accessory to the martial arts school. 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 March 18, 2013, by the following vote: AYES: Reynolds, Pruitt, Flores, DeLaPaz, Alvarado NAYS: None ABSENT: Baca, Bush ABSTAIN: None CHAIRPERSON 13 300 W. 28th INTERSTATE 5 2702 SOUTHPORT WAY 2626 SOUTHPORT WAY 11111111 n 11111111111111 11 l 1111 F11111111 SOUTHPORT WAY ZI11111111111111111111111, A X - 301 W. 28th 2700 HOOVER AVE 11111111111 S°111111 P 340 W. 6th J - 2602 HOOVER AVE. ill'l°�'fIIIIIIIi IIf� 1111111111111 2530 SOUTHPORT WAY 2525 SOUTHPORT WAY 11111111 303 W. 26th 2500 HOOVER AVE ��1111111 .f 1111111111� 2520 HOOVER AV HOOVER AVENUE SOUTHPORT INDUSTRIAL / COMMERCIAL CENTER NATIONAL CITY, CALIFORNIA 1111111E c I_ 500 MLE 0F CARS WAY 2434 SOUTHPORT WAY 424 MLE OF CARS WAY 2424 HOOVER AVE. 2414 HOOVER AVE. 404 IA E OF CARS WA C-ose file. No, 2O13-OV U&if 2-,21113 SHV0 dO 31I1/1 a a 0 to 60'-0" 16'-6" 8'-0" 7'-10 1/2" 25'-6" 17 poi 24'-10 1/2" FLOOR PLAN 7 WAREHOUSE 9'-0 1/2" OFFICE • 11'-8 1/2" 340 W. 26TH STREET, SUITE G/H NATIONAL CITY, CA 3,630 SQ. FT. 12'-1" 13.-4" a 17) OFFICE 15 FLOOR PLAN LAYOUT DANIELLLA SOUZA INTERIOR DESIGNER 201 NM 97 210 CBI Kr CO 02012 BAare 0158)2EGA191 ra 2 1a.19 :.«nns GRACIE JIW f1SU SODEN BAY 140 W. RTN STREET. SUITE en, NATIONA_CIT". Da 16 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2013 AGENDA ITEM NO. 16 ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit to add two gasoline pumps at an existing gas station located at 10 Osborn Street. (Applicant: Adeeb Eddy Brikho) (Case File 2013-06 CUP) PREPARED BY: Martin Reeder, AICP DEPARTMENT: jPl PHONE: !336-4313 APPROVED BY: EXPLANATION: The project location is at the northwest comer of National City Blvd. and Osborne St., in Development Zone 1A of the Downtown Specific Plan Area. The lot is developed with a Valero gas station that has four existing fuel islands, which house eight gas dispensers. The business has been operating under the current ownership since 2008. A Conditional Use Permit (CUP) was approved for the expansion of a mini mart on the property in 2011, which included the sale of beer and wine. The applicant proposes to add two more fuel islands, housing four dispensers. Along with the new fueling stations, the gas station canopy is being extended to cover the new dispensers. Planning Commission conducted a public hearing on March 18, 2013. Commissioners asked questions regarding Conditions of Approval, property layout, existing infrastructure, and other businesses in the City. The Commission voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail.; FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Exempt pursuant to CEQA Section 15303 (New Construction or Conversion of Small Structures) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, DeLaPaz, Flores, Pruitt, Reynolds Absent: Baca, Bush' ATTACHMENTS: 1. Location Map 3. Resolution No. 9-2013 2. Planning Commission Staff Report 4. Reduced Plans' CITY OF SAN DIEGO nterstate 5 Roosevelt Ave 117 CITY OF NATIONAL CITY 117 119 119 123 125 135 116 128 140 0 0 Division St 3 N N 15 21 25 27 33 h- co N M East 1st St 111 2 1 < RS-2 0 129 135 Subject Parcel — — — Zone Boundary ...�+• City Boundary I I I I Feet 0 75 150 300 APN: 559.020-29 Planning Commission Location Map 2013-06 CUP 3 . 6 . 1 3 1 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. 7 March 18, 2013 PUBLIC HEARING- CONDITIONAL USE PERMIT TO ADD TWO GASOLINE PUMPS AT AN EXISTING GAS STATION LOCATED AT 10 OSBORN STREET 2013-06 CUP Northwest corner of National City Blvd. and Osborn St. 555-020-29 Martin Reeder, AICP Adeeb Eddy Brikho National City Investments, LLC Downtown Specific Plan, Development Zone 1A 0.55 acres Gas station across Division St. / City of San Diego Commercial and single-family residential uses across National City Blvd. / Development Zone 2 Liquor store / Development Zone 1A Auto sales lot / Development Zone 1A Exempt pursuant to CEQA Section 15303 (New Construction or Conversion of Small Structures) 2 BACKGROUND Site characteristics The subject property is located on the northwest corner of National City Blvd. and Osborne Street, in Development Zone 1A of the Downtown Specific Plan. The parcel has frontage on three streets; Osborn Street, National City Blvd. and Division Street. There is 250 feet of frontage on Osborn Street, 145 feet on National City Blvd and 115 feet on Division Street. The lot is developed with a gas station (Valero) as well as an automotive service bay and a 1,106 square -foot convenience store located at the rear of the property. The gas station has four existing fuel islands located along Osborn Street, which house eight gas dispensers. There are eleven parking spaces located throughout the property. History Valero has been operating under the current ownership at this location since February 2009. The applicant received a Conditional Use Permit (CUP) for the expansion of the mini mart in 2011, which included the sale of beer and wine (2011-16 CUP). A Downtown Specific Plan Consistency Review was also approved for the expansion. Proposed use The applicant is proposing to add two more fuel islands (four dispensers), one at the end of each of the two existing rows of fuel islands. Along with the new fueling stations, the station canopy will be extended to cover the area located over the new dispensers. Analysis A gas station is allowed within the Downtown Specific Plan with the issuance of a CUP. The expansion of a conditionally -allowed use would therefore also trigger a CUP. Potential issues with the addition of gas pumps would generally be limited to increases in traffic. Trip generation rates provided by the San Diego Association of Governments (SANDAG) for this type of facility (gas station with convenience store), are based on the number of fuel dispensers, which would be 160 Average Daily Trips (ADT) per dispenser. Currently the property has a trip rate of 1,280 based on eight dispensers. Four gas dispensers would generate 640 ADT, for a total of 1,920 ADT. The property currently has six existing driveways accessing Valero, providing ample access into and throughout the property. Two of the driveways accessing the property are on National City Boulevard, an arterial street. Osborn Street, also an arterial street, has two driveways and also feeds directly into Interstate 5 to the north. Division Street, a collector street, also has two driveways. In order to determine the potential effect on adjacent streets it is important to know the current conditions. The Environmental Impact Report for the General Plan update in 2011 included a technical report related to the Circulation Element. A Level of Service 3 (LOS) rating was assigned to each of the main thoroughfares in National City. The closest segment of Osborne Street/National City Blvd. to the subject property (between Division and 4th Streets) received an LOS of A, the best possible rating. The study further estimated the future condition in 2030 to be a LOS of B for the same segment. The other segments of street bordering the property were not analyzed in the technical report. Summary The potential impacts of the proposed additional fuel islands are minimal due to the fact that that the main street providing access to the gas station has a high Level of Service and therefore can handle the additional daily trips generated by any traffic increases. The new fueling stations can be adequately constructed on the lot with all required setbacks. RECOMMENDATION Approve 2013-06 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions 3. Location Map 4. Notice of Exemption 5. Public Hearing Notice (Sent to 22 property owners) 6. Site Photos 7. Applicant's Plans (Exhibit A, case file no. 2013-06 CUP, dated 3/4/2013) MARTIN REEDER, AICP Assistant Planner BRAD RAULSTON Executive Director 4 RECOMMENDED FINDINGS FOR APPROVAL 1. That the site for the proposed use is adequate in size and shape, since the addition of new fueling stations can be adequately constructed on the lot with all required setbacks. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the increased volume and type of traffic generated by the proposed use, since the gas station has multiple driveways on three separate streets, including National City Boulevard/Osbom Street, which has a Level of Service (LOS) of A, thus being able to handle the 640 additional daily trips (ADT) generated by the extra dispensers. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the gas station already exists, is located in a developed commercial area, including other gas stations, and will not result in an appreciable increase in traffic. Furthermore, the new fuel dispensers are proposed in an area already developed with fuel dispensing stations. 5 RECOMMENDED CONDITIONS OF APPROVAL General 1. This Conditional Use Permit authorizes the addition of two fueling stations, housing four gasoline dispensers, at 10 Osborn Street. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2013-06 DSP, CUP, dated 3/4/2013. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Division. 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. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Building 6. 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 7. Any plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. 6 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: 2013-06 CUP Project Location: 10 Osborn Street, 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 the addition of two fuel islands comprising four dispensers at an existing gas station. Applicant: Eddy Brikho 10 Osborn Street National City, CA 91950 Telephone Number: (619) 654-3815 Exempt Status: Categorical Exemption. Class 1 Section 15303 (New Construction or Conversion of Small Structures) Reasons why project is exempt: The proposed use will not have an adverse effect upon the environment or adjacent or abutting properties, since the proposed pumps will be constructed in an area already operating as and designed for such use. Date: MARTIN REEDER, AICP Assistant Planner 7 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT TO ADD TWO GASOLINE PUMPS AT AN EXISTING GAS STATION LOCATED AT 10 OSBORN STREET. CASE FILE NO.: 2013-06 CUP APN: 555-020-29 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, March 18th, 2013, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: National City Investments LLC) The applicant proposes to increase the total number of gasoline pumps, from four to six at the existing gas station. The station canopy will also be expanded as part of the project. 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., March 18th, 2013, who can be contacted at 619-336-4310 or planninq@nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION BRAD RAULSTON Executive Director 8 2013-06 CUP —10 Osborn Street — Valero — Site Photo Front of existing mini -mart from Osborn Street 9 RESOLUTION NO. 9-2013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ADD TWO GASOLINE PUMPS AT AN EXISTING GAS STATION LOCATED AT 10 OSBORN STREET. CASE FILE NO. 2013-06 CUP APN: 555-020-29 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit to add two gasoline pumps at an existing gas station located at 10 Osborn Street at a duly advertised public hearing held on March 18, 2013, 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. 2013-06 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 March 18, 2013, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the addition of new fueling stations can be adequately constructed on the lot with all required setbacks. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the increased volume and type of traffic generated by the proposed use, since the gas station has multiple driveways on three separate streets, including National City Boulevard/Osborn Street, which has a Level of Service (LOS) of A, thus being able to handle the 640 additional daily trips (ADT) generated by the extra dispensers. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the gas station already exists, is located in a developed commercial area, including other gas stations, and will not result in an appreciable increase in traffic. Furthermore, the new fuel dispensers are proposed in an area already developed with fuel dispensing stations. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 10 General 1. This Conditional Use Permit authorizes the addition of two fueling stations, housing four gasoline dispensers, at 10 Osborn Street. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2013-06 DSP, CUP, dated 3/18/2013. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Division. 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. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Building 6. 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 7. Any plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. 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. 11 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 18, 2013, by the following vote: AYES: Reynolds, Pruitt, Flores, DeLaPAz, Alvarado NAYS: None ABSENT: Baca, Bush ABSTAIN: None CHAIRPERSON 12 MIT Englneenng & Construction. Inc. 9720 Oceanic Way Suite 206 arrelde. CA 92056 ee..+n aerbR keesecc 723346 A,NAZ 14-1 OSBORNE STREET 74' EXI5I1NG DRIVEWAY WVJH 22' EXHIBIT A CASE FILE NO. 2013-06 CUP DATE: 3/4/2013 DIVISION STREET CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2013 AGENDA ITEM NO. 17 ITEM TITLE: Report on the San Diego Regional Enterprise Zone PREPARED BY: Alfredo Ybarra PHONE: 619 336-4279 EXPLANATION: DEPARTMENT: H using nts APPROVED BY. City staff and the National City Chamber of Commerce present an up to date report on the San Diego Regional Enterprise Zone Program. FINANCIAL STATEMENT: ACCOUNT NO. Not Applicable ENVIRONMENTAL REVIEW: Not Applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Accept and file. BOARD / COMMISSION RECOMMENDATION: Not applicable ATTACHMENTS: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2013 AGENDA ITEM NO.18 ITEM TITLE: City Council Review of Proposed Updates to the City Council Policy Manual (Chapter 100 Policies). PREPARED BY: Leslie Deese, City Manager x4240 DEPARTMENT: APPROVED BY Claudia Silva, City Attorney x4220 EXPLANATION: As per Council Policy #101, the City Council Policy Manual should be reviewed on an annual basis, and updated as necessary. In an effort to bring the policies up to date, the entire manual is being reviewed, one chapter at a time, with proposed changes presented for Council review and approval. This report includes revisions for Chapter 100 regarding "Administration and Policy Management". In addition, a staff report responding to Council's request for a policy establishing meetings between the Mayor and Vice -mayor is attached for your review and direction. Subsequent chapters, and any new policies deemed necessary, will be brought forward to future Council meetings. To assist with the review of proposed changes, attached is a "Summary of Changes" which identifies the significant recommended changes for each policy in Chapter 100. The packet also contains two copies of each policy: 1) with changes identified, 2) final draft for Council review and consideration. Department Directors and appropriate staff members participated in the proposed revisions. FINANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Review policy revisions as submitted. After Council review, a supporting Resolution will be brought forward to Council at a subsequent Council meeting for final approval. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: Summary of Changes Policies 101-117: 1) with tracking changes, 2) final drafts Staff Report regarding establishing meetings between the Mayor and Vice -mayor Staff Report Subject: Policy Establishing Regular Meetings between Mayor and Vice -mayor Background The City Council previously inquired as to whether a policy could be adopted that established regular meetings between the Mayor and Vice -mayor to discuss City matters. The short answer to that question is: Yes, such a policy could be adopted, and the meetings could occur as long as the meetings are held in compliance with the Brown Act. Discussion The Brown Act applies to legislative bodies. Generally, meetings of the legislative body are open to the public, require an agenda posted 72 hours prior to the meeting, and prohibit closed door meetings except in very limited situations.The definition of a legislative body includes "standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter." Government Code section 54952(b). This provision is an exception to the general rule that "advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies." Id. In this instance, the Council has inquired about adopting a policy that would establish regular meetings between the Mayor and Vice -mayor to discuss matters related to the City. The City Council could adopt such a policy. If so adopted, the policy would establish a "legislative body" under the Brown Act, subject to the open meeting laws including noticing and agenda requirements. Such a policy, adopted by formal action, would create a committee of the Mayor and Vice -mayor. This would be a standing committee subject to the Brown Act. Thus, the Mayor and Vice -mayor could regularly meet and discuss city matters that were placed onto an agenda, posted 72 hours prior, and open to the public. Conclusion The City Council can direct staff to return with a proposed policy establishing the standing committee of the Mayor and Vice -mayor to regularly meet.If so directed, staff would return with a draft policy at a future date for consideration. Summary of Recommended Changes to City Council Policy Manual Chapter 100 Policy #101: City Council Policy Manual • Changed Title from "Annual Policy Review" to "City Council Policy Manual" • Added `Background' section • Elaborated on various areas of policy Policy #102: City Council Meeting Times • Added location/time for regular meetings • Added details regarding holidays • Added statement regarding Brown Act compliance • Incorporated language from Policy # 103 "Special Council Meetings" Policy #103: Special Council Meetings • Deleted Policy and merged with Policy #102 Policy #104: Conduct of City Council Meetings • Added reference to `Brown Act' • Switched from `Robert's Rules of Order' to 'Rosenberg's Rules of Order' based on City Clerk's recommendation • Updated `Related Policy References' Policy #105: Off Agenda Items • Added information regarding Brown Act compliance • Defined criteria for adding off -agenda and urgency items • Added language regarding future agenda items, non -agenda public comments, and `request -to - speak' forms Policy #106: Preparation of City Council Meeting Minutes • Change Title from "Preparation of Council Minutes" to "Preparation of City Council Meeting Minutes" • Delete "tape recordings" and add "video recordings" • Include subsidiary functions besides just City Council • Add timeline for posting minutes and videos • Add length of time videos and minutes will be maintained on website Policy #107: Appointments to Boards and Commissions • Added list of Boards, Commissions and Committees to which this policy applies, to Section called "Purpose" • Added section regarding unscheduled vacancies Page 1 of 3 • Added section regarding preparing the appointments list • Addressed applicant presentations • Amended lists of Mayor and City Council appointing authority • Added related references Policy #108: City Manager as Chief Administrative Officer • Added Background section • Reference Municipal Code Section 2.01.030 re: CM authority • Clarify language regarding Council direction to employees Policy #109: Travel and Training Reimbursement • Added language about `Purchasing Review Committee' and approvals • Added language about following existing Purchasing procedures • Added Policy References • Deleted forms, and referenced availability from Finance • Elaborated on procedures for trouble with city -owned vehicles • Require receipts for all items to be reimbursed • Deleted majority of language regarding Credit Cards and referred to Admin Policy 3.14 instead • Deleted language allowing reimbursement at IRS rates without meal receipts • Policy now requires receipts for reimbursement Policy #110: Display of Flags • Identify `permanent' vs. `ceremonial' flags • Delete reference to Military Affairs Advisory Committee • Add California and United States Flag Code to "Related Policy References" Policy #111: Utilization of City Vehicles in Non -Safety Related Capacities • Changed Non -Work Related' to `Non -Safety Related' (in title and text) since staff is occasionally working (on duty/paid status) when performing these duties • City Manager to approve use requests, and provide updates to Council • Deleted administrative details in the Council Policy. A new Administrative Policy will be drafted instead. Policy #112: Document Reproduction • Delete Policy: Replace with new policy regarding Public Records Act/Protocol Policy #113: Unauthorized Disclosure of Information Revealed in Closed Sessions • Revised section on `Related Policy References' • Added #4 under Policy re: Government Code 54963 • Revised legal brief dated 2/29/96 from former City Attorney, due to changes in GC 54963 Page2of3 3 Policy #114: Grant Activities • Reference Grant Coordinator • Change name of form: from "Request to Apply for Federal, State, and Local Government Grants or Private Funds" to "Grant Application" form. • City Manager can delegate Council updates, and Letters of Authorization" to a designee • Grants that require matching funds from the City in an amount which exceeds the City Manager's signature authority will require Council approval prior to acceptance of the grant. • Updated `Related Policy References' section Policy #115: Donation of Surplus City Property and Police Department Unclaimed Property • Deleted 5/6/03 report from former Purchasing Agent, and incorporated applicable information into the actual policy • Expanded policy to include donations to Sister -Cities and other municipal agencies • Removed `Request for Donation' form, and referenced availability instead • Expanded policy to address issues of liability reduction and gift of public funds • Included `Procedures' • Expanded `Related Policy References' to include Municipal Code sections Policy #116: Procedure for Disclosure of Ex Parte Contacts • Expanded definition of `information' received, to include: oral, written or otherwise Policy #117: Distribution and Reporting of Tickets and Passes Distributer to, at or the behest of a City Official • Changed Title • Added `Background' section • Added reference to Successor Agency to the Community Development Commission • Re -numbered sections 'i CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: City Council Policy Manual POLICY #101 ADOPTED: July 14, 1987 AMENDED: Background: The City Council of the City of National City is charged with the responsibility of establishing municipal policies to guide the various functions of the City and, where necessary, to establish procedures by which functions are performed. Regulatory policies established by the City Council are usually adopted by ordinance and included in the Municipal Code, which establish the local laws. Other policies, however are also established, which by their nature, do not require adoption by ordinance. These policy statements adopted by resolution of the City Council need to be consolidated in a reference document for easy access. Purpose It is the purpose of this policy to establish procedures for the preparation, distribution and maintenance of Council policies and the "City Council Policy Manual." Policy 1. To establish a "City Council Policy Manual" which shall contain all City policy statements adopted by resolution of the City Council. 2. Generally, policy statements in this "City Council Policy Manual" will include only such municipal matters for which the responsibility of decision is placed in the City Council by virtue of the Municipal Code, or specific ordinances and resolutions. 3. All policy statements of the City Council shall be prepared in writing and approved by resolution. Once approved, policy statements will be reproduced, distributed and included in the "City Council Policy Manual" accompanied by the resolution number and date of adoption. 4. Each policy adopted as part of the City Council Policy shall be adhered to by City departments as expressions of the City Council's policy. Only the City Council can waive the applicability of an adopted policy. 5. Each policy statement shall include: (a) a brief background description of the policy; (b) the purpose of the policy; (c) the policy statements; (d) other criteria or procedural sections as required; and (e) cross reference notations as to appropriate provisions in the Municipal Code, Administrative Regulations, etc. 6. The City Manager shall be responsible for the preparation, continuing maintenance, and distribution of the "City Council Policy Manual" and additions or deletions thereto. Page 1 of 2 5 TITLE: City Council Policy Manual POLICY #101 ADOPTED: July 14, 1987 AMENDED: 7. Each October, the City Council and City Manager shall review the "City Council Policy Manual" for any needed additions, deletions or changes deemed appropriate at the time. Nothing in this policy shall prevent any individual member of the Council, the City Manager, or the City Attorney from bringing to the Councils' attention any suggestions for manual revisions at other times during the year. Related Policy References None Prior Policy Amendments None Page /2"of2 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: City Council Policy Manual POLICY #101 ADOPTED: JULY 14, 1987 AMENDED,: Background: The City Council of the City of National City is charged with the responsibility of establishing municipal policies to guide the various functions of the City and, where necessary, to establish procedures by which functions are performed. Regulatory policies established by the City Council are usually adopted by ordinance and included in the Municipal Code, which establish the local laws. Other policies, however are also established, which by their nature, do not require adoption by ordinance. These policy statements adopted by resolution of the City Council need to be consolidated in a reference document for easy access. Purpose It is the purpose of this policy to establish procedures for the preparation, distribution and maintenance of Council policies and the "City Council Policy Manual." Policy Deleted: ANNUAL POLICY REVIEW 11 Deleted: /REVISED Deleted: To establish guidelines for annual review of the Council Policy Manual. 1. To establish a "City Council Policy Manual" which shall contain all City policy.-- - {Formatted:Bullets and Numbering statements adopted by resolution of the City Council. 2. Generally, policy statements in this "City Council Policy Manual" will include only such municipal matters for which the responsibility of decision is placed in the City Council by virtue of the Municipal Code, or specific ordinances and resolutions. 3. All policy statements of the City Council shall be prepared in writing and approved by resolution. Once approved, policy statements will be reproduced, distributed and included in the "City Council Policy Manual" accompanied by the resolution number and date of adoption. 4. Each policy adopted as part of the City Council Policy shall be adhered toy City departments as expressions of the City Council's policy. Only_the City Council can waive the plicability of an adopted policy. 5. Each policy statement shall include: (a)_ a brief background description of the policy; (b) the purpose of the policy: (c) the policy statements; (d) other criteria or procedural sections as required: and (e) cross reference notations as to appropriate provisions in the Municipal Code, Administrative Regulations. etc. 6. The City Manager shall be responsible for the preparation, continuing maintenance, and distribution of the "City Council Policy Manual" and additions or deletions thereto. 7. Each October, the City Council and City Manager shall review the "City Council Policy Manual" for any needed additions, deletions or changes deemed appropriate Page 1 of 1 J at the time. Nothing in this policy shall prevent any individual member of the Council. the City ,Mananer or the City Attorney from bringing, to the Councils' attention any su22cstions for manual revisions at other times during, the Year. ,Related Policy References None ,Prior Policy Amendments None Page 1 of 1 I Deleted: In October of each City Council and City Manager shall review the Council Policy Manual for ar needed additions, deletions or changes deemed appropriate at the time. Nothing in this policy shall prevent any individua member of the Council, the City Manager, or the City Attomey from bringing to the Councils' attention any suggestions for manual revisions at other times during the year l Formatted: Highlight (Formatted: Font: Bold, Underline LDeleted: Resolution Number: CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: City Council Meeting Times POLICY #102 ADOPTED: April 7, 1981 AMENDED: Purpose To set forth the regular meeting schedule and how meetings may be scheduled for and by the City Council. Policy A. Regular meetings. The City Council shall hold regular meetings on the first and third Tuesday of each month. The meetings shall be held in the Council Chambers of City Hall, 1243 National City Boulevard in the City of National City. The regular meeting shall begin at 6:00 p.m., or as. •otherwise scheduled due to the demand of business or for Closed Session. 1. Location of meetings. The City Council may hold a regular meeting, special meeting, or adjourned regular or special meeting at another location within the City, or locations outside the jurisdiction of the City, provided appropriate notice is given pursuant to and the location of the meeting is consistent with the Ralph M. Brown Act ("Brown Act"). 2. Holidays or elections. In the event that the regular meeting of the City Council falls on a legal holiday, or an election day on which a National City candidate or National City measure appears on the ballot, no meeting will be held on such day. Any regular meeting may be dispensed with by a majority vote of the City Council. B. All regular, special and adjourned meetings of the City Council shall be called, noticed and conducted in compliance with the Brown Act. Related Policy References National City Municipal Code, Section 2.04.010 Prior Policy Amendments July 17, 2001 Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: CITY COUNCIL MEETING TIMES POLICY #102 ADOPTED: APRIL 7, 1981 AMENDEDi Purpose ITo set forth the regular meeting schedule and how meetings may be scheduled for and by the City Council., Policy A. Regular meetings. The ,City Council4shall hold regular meetings on the first and.., third Tuesday of each month. The meetings shall be held in the Council Chambers 'ti•, of City Hall, 1243 National City Boulevard in the City of National City. The '' regular meeting shall begin at 6:00 p.m., or as otherwise scheduled due to the demand of business or for Closed Session. 1. Location of meetings. The City Council may hold a regular meeting, special meeting, or adjourned regular or special meeting at another location within the City, or locations outside the jurisdiction of the City, provided appropriate notice is given pursuant to and the location of the meeting is consistent with, the Ralph M. Brown Act ("Brown Act"). 2. Holidays or elections. In the event that the regular meeting of the City Council falls on a legal holiday, or an election day on which a National City candidate or National City measure appears on the ballot, no meeting will be held on such day. Any regular meeting may be dispensed with by a majority vote of the City Council. ‘.IDeleted: of the tf Deleted: /REVISED: 7/17Po1 f Deleted: The National City City Council and certain Boards, Commissions and Committees are required to comply with the Ralph M. Brown Act (Brown Act). The Brown Act requires public entities to deliberate and tale action, in open session. The City Council has adopted this policy to ensure compliance with the Brown Act and to promote full citizen participation in the discussions and decisions of their elected and appointed representatives. 1 f Deleted: To establish a standard meeting schedule for City Council J Formatted: Bullets and Numbering j [Deleted: of the City of National City ) Deleted: , —�� Deeted: B. All regular special and adjourned meetings of the City Council ,shall be called, ._-{Deleted: Boards, Commissions and noticed and conducted in compliance with the Brown Act. Committees created by a formal action of the City Council and which have continuing subject matter jurisdiction Related Policy References National City Municipal Code, Section 2.04.010 Prior Policy Amendments July 17, 2001 Page 1 of 1 Deleted: be held in the Civic Center (Council Chambers on second floor) on the fast and third Tuesday of each month at 6.00 p.m. Deleted: II In the event that the regular meeting of the City Council falls on a holiday, or an election day on which a National City candidate or National City measure appears on the ballot, no meeting will be held that week. Any regular meeting may be dispensed with by the vote of the City Council (Majority vote'? Two-thirds?).¶ 1� CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Special Council Meetings POLICY #103 ADOPTED: January 6, 1987 AMENDED: Purpose To establish a policy for calling and setting the time for Special Meetings of the City Council so that all Council members are, to the extent possible, given the maximum opportunity to attend and to vote on key issues that are the subject of special meetings. Policy City Council members shall be personally contacted and given a choice of three potential Special Meeting times so that a mutually satisfactory time can be arranged by the Council Secretary Related Policy References None Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Conduct of City Council Meetings POLICY #104 ADOPTED: December 13, 1983 AMENDED: Purpose To establish rules of conduct for meetings of the City Council which facilitate orderly proceedings and comply with applicable state law. Policy All meetings of the City Council will be conducted under Rosenberg's Rules of Order. In addition, such meetings will be governed by the Ralph M. Brown Act and other applicable state laws. Any question about proper procedure will be immediately referred to the City Attorney as parliamentarian. Related Policy References National City Municipal Code, Chapter 2.04 Ralph M. Brown Act Rosenberg's Rules of Order (available via the City's website) Prior Policy Amendments None Page 1 of 1 is CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Conduct of City Council Meetings POLICY #104 ADOPTED: December 13, 1983 AMENDED Purpose To establish rules of conduct for meetings of the City Council which facilitate orderly proceedings and comply with applicable state law. Policy 1 All meetings of the City Council, „will be conducted under Rosenberg's,Rules of Order. In addition, such meetings will be governed by the Ralph M. Brown Act and other applicable state laws. Any question about proper procedure will be immediately referred to the City iAttomeyas parliamentarian.. Related Policy References National City Municipal Code, Chapter 2.04 Ralph M. Brown Act Rosenberg's Rules of Order (available via the City's website) 1 Deleted: /REVISED Deleted: including pre -Council Briefing Sessions, Deleted: beds Deleted: for deterrnination ,Prior Policy Amendments Formatted: Pont: Bold, Underline None Page I of 1 TABLE OF CONTENTS About the Author ii Introduction 2 Establishing a Quorum 2 The Role of the Chair 2 The Basic Format for an Agenda Item Discussion 2 Motions in General 3 The Three Basic Motions 3 Multiple Motions Before the Body 4 To Debate or Not to Debate 4 Majority and Super -Majority Votes 5 Counting Votes 5 The Motion to Reconsider 6 Courtesy and Decorum 7 Special Notes About Public Input 7 1 INTRODUCTION The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — .Robert's Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert's Rules of Order is a dandy and quite useful handbook for procedure in that complex setting, On the other hand, if one is running a meeting of say, a five -member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order. Hence, the birth of Rosenberg's Rules of Order. What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg's Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg's Rules in lieu of Robert's Rules because they have found them practical, logical, simple, easy to learn and user friendly. This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars: 1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those whounderstand and participate; and those who do not fully understand and do not fully participate. 3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process. 4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process. Establishing a Quorum The starting point for a meeting is the establishment of a quorum. A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five -member body a quorum is three. When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business, And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished. The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five -member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body. The Role of the Chair While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself. Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision -making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time. The Basic Format for an Agenda Item Discussion Formal meetings normally have a written, often published agenda. Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body's agreed -upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format: 2 First, the chair should dearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item. Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item, Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond. Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input. If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed). Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion. Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair. Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion. This is done in one of three ways: 1. The chair can ask the maker of the motion to repeat it; 2. The chair can repeat the motion; or 3. The chair can ask the secretary or the clerk of the body to repeat the motion. Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it. Ninth, the chair takes a vote. Simply asking for the "ayes" and then asking for the "nays" norm ally does this. If members of the body do not vote, then they "abstain." Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated. Tenth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: "The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body." Motions in General Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus. Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member's desired approach with the words "I move ... " A typical motion might be: "I move that we give a 10-day notice in the future for all our meetings." The chair usually initiates the motion in one of three ways: I. Inviting the members of the body to make a motion, for example, "A motion at this time would be in order." 2. Suggesting a motion to the members of the body, "A motion would be in order that we give a 10-day notice in the future for all our meetings." 3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item.but is convinced that no other member of the body is willing to step forward to do so at a particular time. The Three Basic Motions There are three motions that are the most common and recur often at meetings: The bask motion. The basic motion is the one that puts forward a decision for the body's consideration. A basic motion might be: "I move that we create a five -member committee to plan and put on our annual fundraiser." 11 3 The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: "I move that we amend the motion to have a 10-member committee." A motion to amend takes the basic motion that is before the body and seeks to change it in some way. The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: "I move a substitute motion that we cancel the annual fundraiser this year." "Motions to amend" and "substitute motions" are often confused, but they are quite different, and their effect (if passed) is quite different. A motion to amend seeks to retain the basic motion on the floor, but modify it in some way.A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a "motion to amend" or a "substitute motion" is left to the chair. So if a member makes what that member calls a "motion to amend," but the chair determines that it is really a "substitute motion," then the chair's designation governs. A "friendly amendment" is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, "I want to suggest a friendly amendment to the motion." The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend. Multiple Motions Before the Body There can be up to three motions on the floor at the same time. The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair. When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic "motion to have a five -member committee to plan and put on our annual fundraiser." During the discussion of this motion, a member might make a second motion to "amend the main motion to have a 10-member committee, not a five -member committee to plan and put on our annual fundraiser." And perhaps, during that discussion, a member makes yet a third motion as a "substitute motion that we not have an annual fundraiser this year." The proper procedure would be as follows: First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions. Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended. Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five -member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that . is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion): Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote. Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote. Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: "I move we adjourn this meeting at midnight." It requires a simple majority vote. 4 Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on "hold" The motion can contain a specific time in which the item can come back to the body. "1 move we table this item until our regular meeting in October." Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. Motion to limit debate. The most common form of this motion is to say, "I move the previous question" or "1 move the question" or "I call the question" or sometimes someone simply shouts out "question." As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a "request" rather than as a formal motion. The chair can simply inquire of the body, "any further discussion?" If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor. However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the "question" as a formal motion, and proceed to it. When a member of the body makes such a motion ("I move the previous question"), the member is really saying: "I've had enough debate. Let's get on with the vote" When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. NOTE: A motion to limit debate could include a time limit. For example: "I move we limit debate on this agenda item to 15 minutes." Even in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote, Majority and Super Majority Votes In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven -member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass: Motion to limit debate. Whether a member says, "I move the previous question," or "I move the question," or "I call the question," or "I move to limit debate," it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass. Motion to dose nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass. Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass. Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non -club members. A motion to suspend the rules would be in order to allow a non -club member to attend a meeting of the club on a particular date or on a particular agenda item. Counting Votes The matter of counting votes starts simple, but can become complicated Usually, it's pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five -member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated. If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the "no" votes and double that count to determine how many "yes" votes are needed to pass a particular motion. For example, in a seven -member body, if two members vote "no" then the "yes" vote of at least four members is required to achieve a two-thirds majority vote to pass the motion. What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five -member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated. Vote counting starts to become complicated when members vote "abstain" or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes. In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count. After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of "those present" then you treat abstentions one way. However, if the rules of the body say that you count the votes of those "present and voting," then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are "present and voting:' Accordingly, under the "present and voting" system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are "present"), but you treat the abstention votes on the motion as if they did not exist (they are not "voting"). On the other hand, if the rules of the body specifically say that you count votes of those "present" then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like "no" votes. How does this work in practice? Here are a few examples. Assume that a five -member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are "present and voting." If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails. Assume a five -member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies. If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three "yes;' one "no" and one "abstain" also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is dearly a two-thirds majority vote. Now, change the scenario slightly. Assume the same five -member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members "present." Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a "no" vote. Accordingly, if the votes were three "yes," one "no" and one "abstain," then the motion fails. The abstention in this case is treated like a "no" vote and effective vote of 3-2 is not enough to pass two-thirds majority muster. 6 Now, exactly how does a member cast an "abstention" vote? Any time a member votes "abstain" or says,"I abstain," that is an abstention. However, if a member votes "present" that is also treated as an abstention (the member is essentially saying, "Count me for purposes of a quorum, but my vote on the issue is abstain.") In fact, any manifestation of intention to vote either "yes" or "no" on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well. Can a member vote "absent" or "count me as absent?" Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually "absent." That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed. A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider. First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.) Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality. If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time. Courtesy and Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude. Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is "no." There are, however, exceptions. A speaker may be interrupted for the following reasons: Privilege. The proper interruption would be, "point of privilege." The chair would then ask the interrupter to "state your point." Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room maybe too hot or too cold, or a blowing fan might interfere with a person's ability to hear. Order. The proper interruption would be, "point of order." Again, the chair would ask the interrupter to "state your point." Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed. Call for orders of the day. This is simply another way of saying, "return to the agenda." If a member believes that the body has drifted from the agreed -upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair's determination may be appealed. Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. Special Notes About Public Input The rules outlined above will help make meetings very public - friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One: Tell the public what the body will be doing. Rule Two: Keep the public informed while the body is doing it. Rule Three: When the body has acted, tell the public what the body did. 7 OEAGUE CITIES 1400 K Street, Sacramento, CA 95814 (916) 658-8200 I Fax (916) 658-8240 www.cacities.org To order additional copies of this publication, call (916) 658-8200. $10 © 2011 League of California Cities. All rights reserved, ® Printed on recycled paper, CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Off Agenda Items and Placing Non -Agenda POLICY #105 Items on the Agenda ADOPTED: March 12, 1985 AMENDED: Purpose In order for both the City Council and City staff to be adequately prepared to discuss City business during Council meeting, items for discussion shall be placed on the agenda in accordance with established Council agenda deadlines and in compliance with the Ralph M. Brown Act. Generally, items not on the agenda cannot be discussed or considered during a Council Meeting. This policy discusses the limits upon non -agenda items and how to place those items onto the agenda. Policy A. Non -agenda items requiring immediate action Matters requiring Council action must be placed onto a Council Agenda in a timely manner in order for Council to consider the matter. It is the policy of the City Council that in accordance with the Ralph M. Brown Act, off -agenda items requiring Council approval will not be considered by the City Council except under the following two circumstances: 1. An emergency situation exists; or, 2. The Council determines by a two-thirds vote, or by a unanimous vote if less than two-thirds of the Council is present, that: a. there is a need for immediate action, and b. the need to take action on the item arose after the posting of the agenda; If the Council finds that the need to take action arose subsequent to the agenda posting, pursuant to criteria 2 above, it shall make those findings by separate motion, including the factual reasons supporting the findings. The findings shall be reflected in the Council minutes. B. Council Comments Leading to Future Agenda Items A Councilmember may, under City Council Comments, give an informational report on any item not on the agenda, providing that no discussion or action takes place on that item. That item, however, may be requested to be placed on a future agenda for discussion or other action. Additionally, Council members may, at a regularly scheduled meeting, request items to be placed on future agendas for Council action, discussion, or consideration. The Page 1 of 2 TITLE: Off Agenda Items and Placing Non -Agenda POLICY #105 Items on the Agenda ADOPTED: March 12, 1985 AMENDED: Councilmember referring the item will provide a brief description of the subject to be printed for the agenda packet, sufficient to inform the City Council and public of the nature of the item. The scheduling, consideration, and action taken on all agenda items will be made subject to the Ralph M. Brown Act. C. Non -agenda Public Comment / Public Oral Commurtications Citizens shall have the right to address the City Council on any matter within the elected body's jurisdiction, subject to a 3-minute time limit. The City Council may listen to the speaker's comments, but cannot discuss or take action on, citizen communications not on the agenda. Non -agenda public comment may be referred to staff for administrative action or placement on a subsequent agenda, as deemed appropriate by staff. D. Requests to speak. All request -to -speak forms must be completed and submitted to the City Clerk prior to the beginning of the item in question. Related Policy References National City Municipal Code, Chapter 2.04 Ralph M. Brown Act Prior Policy Amendments None Page 2 of 2 9 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Off Agenda Items a!rd i'iaciri Non -Agenda POLICY #105 items iD1 ADOPTED: March 12, 1985 Purpose AMENDED: In order for both the City Council and City staff to be adequately prepared to discuss City business during Council meeting, items for discussion shall be placed on the agenda in accordance with established Council agenda deadlines and its compliance with the Ralph M. Brown Act, Genet -ally, items not on the iagettelo: eahnot de dise:r,ssrd ew . .._ .0 tJi tcPnd .L (cu ltdf r} eg#gnd.,,s JiatEEZr ,Itt1°Yd-S'S _'S K,£E' lE n<cbL4:«jvt,•1£ tat .l -trwcd'>¢i6't items and //O `I pii/Ct. those it ni.' {>diro i.de akettEiEf. Policy - - --- ;J'k dtt: '4[6s tPCSS .LS+L�t?Zdt: 1. t)t1idL.1 r'.-•! fe a.e.. .]7 ,E: LCu ..{214{ r; C42,12;i. it 4.4,eYfiri :Li L. litT{t:"u 5'„+Titter Ii2 I 11)1' Codfirii to o,po:'4“' di, ligat.14.e; it is the policy of the City Council that in accordance with the Ralph M. Brown A o -a enda items requiring Council approval will not be considered by the Cit,LCouncil , ;,^i c1, ,a;4,64,a.eT ' aiia. ,east! dr 1. An eme�encysituation exists; et, 2. The Council determines by a two-thirds vott or two-thirds of the Council is present that a. their:- °S tl ra.tr',? tor f ] r. riiroo ii( ';Ct t'A;( b. tl need to take action on the item arose ' , ek- a unanimous vote if less than ,, the posting oLthe aaendlri If the Council tends that the need to take action arose subsequent to the agenda posting,. pursuant to criteria 2 above, it shall make 1h _ ,i Y; bi' separate motion, including reasoriJ .l. eti 1a 1 F.x�atkzy; :. Th' rip (. !s5 l` shall be reflected in the Council minutes. B. Councilnrember mat,', under City Council Comments, give an informational report on anLitem not on the agenda, providing that no discussion or action takes place on that item. fhot 1Ct-O sl%L-+far.Ere, LSi,stee EF+' a(! .ar,o;v+,f UYk ;r �ati`klE ir$tikF/lt9 fn. (Kt ettsth.tt of othti° oatiet:. Page 1 of 1 ' Deleted: In order for both the City Council and City staff to be adequately prepared to discuss City business during Council meetings, items for discussion should be placed on the agenda (requires { approximately a 10-day lead time).9 Deleted: unless one of the following criteria is met Deleted: Deleted: subsequent to Deleted: determines Deleted: at determination Deleted: for the determination Deleted: ose reasons Deleted: Notwithstanding the above, Deleted: a �5 Additionally, Councilmenzbers rnala at a rejularly scheduled meeting, request items to be placed on_future agendas for Collar-1Z action, dise6/ssiolr, or consz`deratiolz.. __The Councilmember- referring the hem provide a brief description of the sweet to be tented for the agenda packet, sufficient to inform the City Council and public of the nature ofthe item. ,The scheduling, consideration, and action taken on all agenda items will be made subject to the Ralph M. Brown Act. C. Nest -a ca r, Pcbi c Coe li.att Public Oral Communications Citizens shall have the right to address the City Council on any matter within the elected body's jurisdiction, subject to 0-minute time limit. The_City Council mad' Hsieh to the slaeizlceis colurr,t-atsbut cannot discuss or take action on citizen communications not on the_genda. lMfon.-ar<eudo public cuntfY.erat dial, be j-eferred to staff for administrative action or placement on a subsequent agenda, as deemed appropriate by staff D. f?er{uests All request -to -speak forms must be completed and submitted to the City Clerk z�rior to the beginning oL11le item in question. Related Policy References National City Municipal Code, Chapter 2.04 Ralph M. Brown Act Prior Policy Amendments None Page 1 of 1 Deleted: by Council consensus Deleted: .ay Deleted: The City Council, o considering the referral, may either refer the moaner to staff to schedule as a future City Council agenda item or they may, by concurrence of the majority, advise to not place on a future agenda —Deleted: Any item brought to the City Council for action should first be placed on the agenda to allow time for proper research, consideration, and recommendations!' Deleted: Items of an urgent nature, or I those requiring emergency action where I the need to act arose after the agenda was published, may be added to the Council agenda after the fact, in accordance with the rules and procedures outlined in the Ralph M. Brown Act!' Deleted: on City Council Matters (off agenda item) Deleted: the Deleted: hear Deleted: All such communications shall be routinely IDeleted: - CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Preparation of City Council Meeting Minutes POLICY #106 ADOPTED: June 17, 1986 AMENDED: Purpose To establish the format of the official minutes of the City Council (and all their subsidiary functions) and the disposition of video recordings of those proceedings. Policy The meeting minutes will be "action only" minutes and will include the item title, staff recommendations, Board and Commission recommendations, the Council action and the vote. Public Hearings will include a List of people speaking in favor and in opposition to the item under consideration. The record of all items of business considered by the City Council (or their other subsidiary functions) shall consist solely of a brief title identifying each item of business, the recommendation of any Board or Commission, the recommendation of staff, the motion made, and the vote taken. The record of that portion of the City Council meeting devoted to reports from the Mayor, the City Attorney, and the other staff shall consist of a brief description of the subject matter of the report and of any description, provided that the record or any part thereof shall be verbatim if so requested by a member of the City Council prior to approval of the minutes. It is the goal of the City Clerk's office to post Council meeting minutes and video recordings on the City's website, within approximately two weeks of the meeting date. Hard copies of the Council meeting agendas and minutes will be available in the City Clerk's office. Minutes and video recordings will be maintained on the City's website for a minimum of three years from the date of original posting. Related Policy References None Prior Policy Amendments None Page 1 of 1 1 cr CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Preparation of City Council Meeting Minutes POLICY #106 ADOPTED: June 17, 1986 AMENDED; Purpose To establish the format of the official minutes of the City Council (and all their subsidiary functions) and the disposition of videorecordings of those proceedings. Deleted: (I Deleted: /REVISED I; {Deleted: the tape Policy I The fneeting minutes will be "action only" minutes and will include the item title, staff {Deleted: council recommendations, Board and Commission recommendations, the Council action and the vote. Public Hearings will include a list of people speaking in favor and in opposition to the item under consideration. The record of all items of business considered by the City Council (or their other subsidiary functions) shall consist solely of a brief title identifying each item of business, the recommendation of any Board or Commission, the recommendation of staff, the motion made, and the vote taken. The record of that portion of the City Council meeting devoted to reports from the Mayor, the City Attorney, and the other staff shall consist of a brief description of the subject matter of the report and of any description, provided that the record or any part thereof shall be verbatim if so requested by a member of the City Council prior to approval of the minutes. It is the goal of the City Clerk's office to post Council meeting minutes and video recordings on the City's website, within approximately two weeks of the meeting date. Hard copies of the Council meeting agendas and minutes will be available in the City Clerk's office. Minutes and video recordings will be maintained on the City's website for a minimum of three years from the date of original posting., Related Policy References None Formatted: Font color: Red Deleted: Duplicate tape recordings of Council nlee:ings wia be available to the public for pirchase at a nominal fee and available in the Office of the City Clerk for review at no charge Prior Policy Amendments (Formatted: Font: Bold, Underline None Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Appointments to Boards and Commissions POLICY #107 ADOPTED: June 17, 1986 AMENDED: Purpose To establish a procedure to serve as a guide in making appointments to various City Boards and Commissions. The City currently has the following boards, commissions, and committees (generally referred to as Boards and Commissions) to which this Policy would apply: Board of Library Trustees; Civil Service Commission; Community and Police Relations Commission; Park, Recreation and Senior Citizens Advisory Committee; Planning Commission; Public Art Committee; and, Traffic Safety Committee. Policy Appointment Process A. Opportunity to apply. All interested individuals shall be given an opportunity to submit applications for vacancies on City Board and Commissions. Incumbent Commissioners are not automatically re -appointed but are required to fill out an abbreviated application provided by the. City Clerk, indicating their interest in continuing to serve. B. Unexpired terms. If an incumbent Commissioner was appointed to fill an unexpired term and the Commissioner has served for less than one year in that position, the Council may re -appoint the incumbent without considering other applicants. C. Vacancies. When Commissioner vacancies occur, the following procedure shall be followed: 1. Scheduled vacancy. When a term is or has expired, a public notice of the vacancy shall be made. Interested individuals will be invited to submit applications for the vacancy on a form provided by the City Clerk. 2. Unscheduled vacancy. An unscheduled vacancy shall be filled pursuant to and consistent with Government Code section 54974, which provides generally as follows: When an unscheduled vacancy occurs, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office of the City Clerk and the National City Library, and in other places as directed by the City Council, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointment shall not be made by the City Council for at least 10 working days after the posting of the notice in the City Clerk's office. However, the City Council may, if it finds that an emergency exists, fill the unscheduled vacancy Page 1 of 3 TITLE: Appointments to Boards and Commissions POLICY #107 ADOPTED: June 17, 1986 AMENDED: immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section. 3. Applications will be reviewed by the entire City Council and applicants will be interviewed by the entire City Council. D. Implementation. Implementation of Council policy for appointment to Boards and Commissions requires the following: 1. Preparation of appointments list by the City Council. On or before December 31 of each year, the City Council via the City Clerk shall prepare an appointments list (known as the Local Appointments List) of all regular and ongoing boards, commissions, and committees which are appointed by the Mayor and/or the City Council, in compliance with Government Code section 54972, which generally requires a list of all appointive terms which will expire during the next calendar year, the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position; and a list of all boards, commissions, and committees whose members serve at the pleasure of the City Council, and the necessary qualifications for each position. 2. Notice. Placement of a legal/public notice in a local San Diego newspaper advertising appointive vacancies; 3. Expiration of term. A letter to be sent to all office holders as their terms expire asking if they would like to re -apply for the position; 4. Interviews. Interviews to be held for those who file applications for all committees with current vacancies. Each applicant will have the opportunity to make a brief (approximately 5 minute) presentation of their interests and qualifications before the City Council at a regular Council meeting. All appointments and interviews before the City Council will be scheduled as needed to fill unexpected vacancies, with every effort to be made before an individual's term expires. Interviews may take place at one meeting, with appointments made at a subsequent meeting. E. Vacancies for Council Appointed Positions. If the vacancy is for a Council - appointed position, and there is more than one applicant for a given position, the voting process will proceed as follows: 1. Once the interviews are complete, each Councilmember votes for his/her choice via a written ballot. Each Councilmember shall print and sign Page2 of 3 30 TITLE: Appointments to Boards and Commissions POLICY #107 ADOPTED: June 17, 1986 AMENDED: his/her name on the ballot. All ballots shall be considered a public record and open to inspection by the public. 2. The ballots are passed to the City Clerk who announces the number of votes for each candidate. In the event of a tie, each Councilmember votes again until one candidate has the majority vote, and is declared to be the new Commissioner. 3. Re -appointments beyond two terms. Anyone wishing to be re -appointed to any Board or Commission, and has served two or more full terms already, must be approved by a four -fifths vote of the Council. In these instances, if all five members of the Council are not present or if one member abstains or recuses his/her vote, the four -fifths requirements would be changed to require only a simple majority. Appointing Authority Under the Government Code, the Mayor has appointment power to all Boards and Commissions, subject to ratification by the City Council, unless there is a state law which directly, or by implication, grants the appointment power to the City Council. The following is a list of City Boards and Commissions divided between the Mayor and City Council as the Appointment power exists. Mayor's Appointments: Board of Library Trustees Traffic Safety Committee Parks, Recreation and Senior Citizens Advisory Committee Sweetwater Authority Community and Police Relations Commission (CPRC) Public Art Committee City Council Appointments Planning Commission (including Committee for Housing and Community Development) Port Commission Civil Service Commission Related Policy References Government Code section 40605 Government Code section 54970, et. seq. National City Municipal Code Title 16 (pending) Prior Policy Amendments None Page 3 of 3 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Appointments to Boards and Commissions POLICY #107 ADOPTED: June 17, 1986 AMENDED, Purpose To establish a procedure to serve as a guide in making appointments to various City Boards and Commissions. The City currently has the following boards. commissions, and committees (generally referred to as Boards and Commissions) to which this Policy would apply: Board of library Trustees; Civil Service Commission; Committee for Housing and Community Development; Community and Police Relations Commission; Park, Recreation and Senior Citizens' Committee; Planning Commission; Public Art Committee; and. Traffic Safety Committee. Policy Appointment Process A. Opportunity to apply. All interested individuals shall be given an opportunity to - submit applications for vacancies on City Board and Commissions. Incumbent Commissioners ,are not automatically re -appointed but,are required to fill out an abbreviated application provided by the City Clerk. indicating their interest in continuing to serve. B. Unexpired terms. If an incumbent Commissioner was appointed to fill an unexpired term and the Commissioner has served for less than one year in that position, the Council may re -appoint the incumbent without considering other applicants. C. Vacancies. When Commissioner vacancies occur, the following procedure shall ,. be followed: 1. Scheduled vacancy. When a term is or has expired, ;public notice of the vacancy shall be made. Interested individuals will be invited to submit applications for the vacancy on a form provided by the City Clerk. 2.. Unscheduled vacancy. An unscheduled vacancy shall be filledpursuant anch- consistent with Government Code section 54974, which provides generally as follows: When an unscheduled vacancy occurs, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office of the City Clerk and the National City Library and in other places as directed by the City Council, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointment shall not be made by the City Council for at least 10 working days after the posting of the notice in the City Clerk's office. However, the City Council may, if it finds that an emergency exists, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section. Page 1 of 3 11 Deleted: /REVISED 13 - -(Formatted: Underline J 1Formatted: Numbered + Level: 1 + 1 Numbering Style: A, 6, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0" + Indent at: 0.75 {Deleted: will ','•,`fDeleted: be (Deleted: will (eleted: be Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0" + Indent at: 0.75" Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0" + Indent at: 0.75" Deleted: A Deleted: announcement Deleted: Secretary to the Mayor 3 (Formatted: Bullets and Numbering 3 3. Applications will be reviewed by the entire City Council and applicants will• be interviewed by the entire City Council. D. implementation. Implementation of Council policy for appointment to Boards. and Commissions requires the following: Formatted: Bullets and Numbering 1. Preparation of appointments list by the City Council. On or before, December 31 of each year, the City Council via the City Clerk shall prepare an appointments list (known as the Local Appointments List) of all regular and ongoing boards. commissions, and committees which are appointed by the Mayor andior the City Council, in compliance with Government Code section 54972. which generally requires a list of all appointive terms which will expire during the next calendar year, the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position: and a list of all boards. commissions, and committees whose .members serve at the pleasure of the City Council, and the necessary qualifications for each position, 2. Notice.,Piacement of a legal/public notice in a jocal San Diego newspaper advertising appointive vacancies; 1 Expiration of temt., Aletter be sent to all office holders as their terms expire. - asking if they would like to re -apply for the position; 4. Interviews. Interviews to be held for those who file applications for all committees with current vacancies. Each ,applicant will have the .' opportunity to make a brief (approximately 5 minute) presentation of their `. interests and qualifications before the City Council at a regular Council meeting, All appointments and interviews before the City Council will be scheduled ,s needed to fill unexpected vacancies, with every effort to be made;before an individual's term expires. Interviews may take place at one meeting, with appointments made at a subsequent meeting. E. Vacancies for Council Appointed Positions. if the vacancy is for a Council-• appointed position, and there is more than one applicant for a given position, the voting process will proceed as follows 1. Once the interviews are complete, epch Councilmember votes for his/her choice via p written jpallot. Each Councilmember shall print and sign his/her name on the ballot, All ballots shall be considered a public record and open to inspection by the public. 2. The ballots are passed to the City Clerk who announces the number of votes for each candidate. In the event of a tie, each Councilmember votes again until one candidate has the majority vote, and is declared to be the new Commissioner. Re -appointments beyond two terms. Anyone wishing to be re -appointed to any Board or Commission, and ,has served two or more full terms already, must be approved by a four - fifths vote of the Council. In these instances, if all five members of the Council are not present or if one member ,abstains or recuses his/her vote, the four -fifths requirements would be changed to require only a simple majority. Page 2 of 3 - Formatted: Numbered + 1 Numbering Style: A, B, C, .. at: 1 + Alignment: Left + Aayneu at: 0.5" + Tab after: 0" + Indent at: 0.75" Formatted: Indent: Left: 0.75" tFormatted: Font: Not Bold Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Tab after: 0" + Indent at: 11" Deleted: a tDeleted: p Deleted: classified advertisement to be placed in the Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Tab after: 0" + Indent at: {Deleted: •j Deleted: a 'f Deleted: Deleted: , each individual Deleted: be Deleted: being Deleted: of their interests and qualifications (Deleted: twice a year or Deleted: the interviews and appointments being made Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, .,. + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0" + Indent at: 0.75" Deleted: After interviews are completed Deleted: , voting for Commission positions will proceed as follows: Deleted: E `LDeleted: by Deleted: form on a 1 Deleted: , and sign his/her name on the 1 ballot Deleted: wl,a tDeIeted: chooses to withhold 'Deleted: Deleted: i 3� Appointing Authority Under the Government Code, the Mayor has appointment power to all Boards and Commissions, subject to ratification by the City Council, unless there is a state law which , --{Formatted: Underline directly, or by implication, grants the appointment power to the City Council. The following is a list of City Boards and Commissions divided between the Mayor and City Council as the Appointment power exists. Mayor's Appointments: Board of Library Trustees Traffic Safety Committee Parks,jtecreation and Senior Citizens' Advisory, Committee Sweetwater Authority Community and Police Relations Commissior,(CPRCl Public Art,Committee i City Council Appointments Planning Commission (including Committee for Housiing, and Community Development) Port Commission Civil Service Commission Related Policy References Government Code section 40605 Government Code section 54970, et. seq. National City Municipal Code Title 16 (pendin Page 3 of 3 Formatted: Underline Deleted: and Deleted: Board Deleted: Historical Committee Deleted: Senior Citizen Advisory Committed - Street Tree and Parkway Committee Deleted: & Deleted: ttce Formatted: Indent: Left: 0.5" Deleted: s Formatted: Underline Formatted: Indent: Left: 1.5", First i ii n e : o_s • Deleted: _ Advisory and Appeals Board Deleted: Citizen's Comminee for Community Development CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: City Manager as Chief Administrative Officer POLICY #108 ADOPTED: November 22, 1982 AMENDED: Background The City of National City operates under the Council/Manager form of government, a system that combines the policy leadership of elected officials in the form of a City Council, with the managerial expertise of an appointed City Manager. The Council is the legislative body that represents the community and is empowered to formulate citywide policy. The City Council is comprised of the Mayor and four councilmembers who are elected by the community at -large. The City Manager is appointed by the Council and serves as the chief administrative officer of the organization. The City Manager is responsible for administration of City affairs, day-to-day operations, implementation of Council policies and is the liaison between the Council and the City staff. Purpose The purpose of this policy is to clarify the City Manager's responsibilities and establish guidelines in the Council issuing directives to City staff members. Policy In accordance with the National City Municipal Code, Section 2.01.030, except for the purpose of inquiry, the City Council shall deal with the administrative departments solely through the City Manager, and neither the City Council nor any member thereof shall give orders to any of employee of the City Manager. This policy is based on the principle that departments carry on their approved activities and do not alter approved priorities or policies on the basis of a request that has not been approved by the Council as a body. The City Manager shall act as chief administrative officer for the various appointed department directors as well as the City Clerk's office. The City Manager's duties and responsibilities are codified in National City Municipal Code Chapter 2.01. Related Policy References National City Municipal Code, Chapter 2.01 Government Code section 34851, et. seq. Prior Policy Amendments None Page 1 of 1 3S CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: City Manager as Chief Administrative Officer POLICY #108 ADOPTED: NOVEMBER 22, 1982 AMENDED; Background The City of National City operates under the Council/Manager form of government, a system that combines the policy leadership of elected officials in the form of a city council, with the managerial expertise of an appointed city manager The Council is the legislative body that represents the community and is empowered to formulate citywide policy. The City Cooped is comprised of the Mayor and four councilmembers who are elected by the community at -large. The City Manager is appointed by the Council and serves as the chief administrative officer of the organization, The City Manager is responsl'ble for administration of City affairs, day-to-day operations, implementation of Council policies and is the liaison between the Council and the City staff Purpose The purpose of this policy is to clarify the City Manager's responsibilities and ,establish guidelines in the Council issuing directives to City staff memberst Policy In accordance with the National City Municipal Code, ,Section 2.01.030, for the purpose of inquiry, the City Council shall deal with the administrative departments solely through the City Manager, and neither the city council nor any member thereof shall give orders to any of employee of the city manager. This policy is based on the principle that departments carry on their approved activities and do not,alter approved priorities or policies on the basis of a request that has not,peen approved by the Council as a body. The City Manager shall act as chief administrative officer for the various appointed department directors as well as the City Clerk's office. The City Manager's duties and responsibilities arc codified in National City Municipal Code Chapter 2.01. Related Policy References National City Municipal Code, Chapter 2.01 Government Code section 34851, et. sect ,Prior Policy Amendment None_ Page 1 of 1 Deleted: /REVISED Formatted: Font: (Default) Times I New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt { Deleted: To Deleted: and clarification of City Manager's responsibilities -- Deleted: The City Manager is appointed by the City Council on the basis of executive and administrative qualifications and abilities and is the • , chief administrative officer of the City.1 ' 1 Deleted: Chapter Deleted: E Deleted: Deleted: don't Deleted: hasn't 3 t Deleted: ¶ Formatted: Font: Bold, Underline Deleted: ¶ Deleted:1 9 J CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Reimbursement for Expenses Incurred in POLICY #109 The Performance of Official Duties ADOPTED: September 19, 2006 AMENDED: Purpose Government Code Sections 53232.2, 53233.3, and 53233.4, enacted pursuant to AB 1234, require the governing body of a local agency to adopt a written policy addressing reimbursement for travel and training expenses incurred in the performance of official duties. The City Council deems it desirable to adopt a uniform policy applicable to City employees, board and commission members, members of the City Council and other elected officials, governing reimbursement for such expenses. The purpose of this administrative policy is to establish uniform policies and procedures concerning expenses incurred by members of the City Council, board or commission members, City employees and other elected officials while traveling or attending events on City business. I. Policy A City Councihnember, elected official, board or commission member or City employee who is required to travel in the performance of their duties or to attend an authorized meeting, conference or seminar which is of direct benefit to the City shall be reimbursed for reasonable expenses incurred, including transportation, meals, lodging and other incidental expenses directly related to such official City business. Expenses specifically disallowed for reimbursement include purchase of personal use items, alcoholic beverages and entertainment (including in -room movies). All requests for city -related travel must be reviewed/approved by the Purchasing Review Committee (PRC) prior to making any travel commitments or arrangements. Estimated cost information must be sent to the Finance Department/Purchasing Division. Upon approval by the PRC, travel plans may be made. PRC approval numbers must be noted on expense reports and invoices submitted for payment or reimbursement. Existing City purchasing policies and procedures must be followed when obtaining cost estimates, and making arrangements associated with travel. See Municipal Code, Chapter 2.60 regarding Purchasing polices and procedures. Page 1 of 8 3") TITLE: Reimbursement for Expenses Incurred in POLICY #109 The Performance of Official Duties ADOPTED: September 19, 2006 AMENDED: A. Transportation. The following modes of transportation may be allowed for the purpose of traveling on City business: 1. Air Travel. Allowance for air travel will be actual roundtrip via coach or tourist class accommodation. Receipts for air passage must be retained for submission with the Travel Expense Report. 2. Personal car. With specific approval from the department head or the City Manager, personal cars may be used for out-of-town travel. Reimbursement shall be based on actual mileage used for the official travel. Any mileage used for personal purposes or otherwise not directly related to official City business shall be deducted from total miles traveled to arrive at the net reimbursable mileage. Reimbursement shall be at the prevailing IRS standard mileage rate. When use of a personal vehicle is authorized, individuals shall adequately account for their use of the personal vehicle on a daily basis on the Travel Expense Report. Total reimbursable transportation expense through use of a personal car shall in no case exceed the allowable expense of transportation by air when one is available to such destination. 3. City -owned vehicle. Use of City -owned vehicle shall be authorized when this mode of transportation can be demonstrated as the most economical means available. For determining advisability of usage, employees shall be supplied with estimated cost of travel via a City -owned vehicle by Public Works upon request. Use of a City -owned vehicle shall not be authorized when the estimated cost exceeds the authorized cost of air travel. When use of a City -owned vehicle is authorized, individuals shall adequately account for their use of the City -owned vehicle on a daily basis in the Travel Expense Report. Individuals shall be charged at the prevailing IRS standard mileage rate for every mile of personal use of the City -owned vehicle. The cost of personal use of a City -owned vehicle shall be deducted from the total allowable travel expenses. Individuals who experience car trouble with a City -owned vehicle while on out-of- town travel, should contact the Public Works Department as soon as possible for direction. If it is after work hours or on the weekend, contact the Police Department Dispatch at (619) 336-4411, and they will get in touch with Public Works staff. All receipts for such repairs must be pre -authorized by Public Works and retained and forwarded to Public Works for approval prior to reimbursement. In the event of an accident while using a City -owned vehicle, the traveler should refer to the `Accident Page 2 of 8 38' TITLE: Reimbursement for Expenses Incurred in POLICY #109 The Performance of Official Duties ADOPTED: September 19, 2006 AMENDED: Packet' in the glove box of each vehicle for detailed instructions on how to proceed, then notify Police Dispatch and Public Works immediately. B. Lodging. 1. General provisions. Reimbursement will be made for the cost of lodging required to conduct the assigned City business. Dated receipts and meeting and travel schedules must be retained for submission with the Travel Expense Report. Lodging will be allowed for the night prior to the commencement of the meeting if the time set for the start of the meeting requires the individual to leave home prior to 6 a.m. of the day of the meeting. Lodging will be allowed for the night following the meeting if the employee could not have arrived home prior to 12:00 midnight following the meeting. Lodging in connection with separate, consecutive meetings or conferences shall be permitted if it is less costly than returning to the city for the nights between the meetings. In instances where an individual has the option to travel by air and the individual opted to travel by car, reimbursement for lodging shall be allowed on the same basis as if the individual traveled by air. 2. Rate of reimbursement. Lodging reimbursement shall be based on the single room rate charged at the headquarters hotel for the conference or the hotel most proximate to the site of the meeting. If the hotel has different rates for single room accommodation, the individual shall be entitled to reimbursement for no more than the second least expensive rate. In the event the individual occupies a more expensive room accommodation (e.g. multiple occupancy), they will be reimbursed at the rate for. single occupancy. The employee shall have the hotel indicate on the bill whether the room is for single or multiple occupancy and the equivalent single occupancy rate if the accommodation is other than single occupancy. If the rate for single occupancy cannot be verified from the bill or receipt, the individual shall be reimbursed at 80% of the rate indicated on the bill. C. Meals. Reimbursement for meals shall be on the basis of actual cost. All meal receipts must be retained for submission with the Travel Expense Report. Receipts must be detailed and itemized showing exactly what was ordered. Credit card receipts will not be accepted for purposes of reimbursement. To claim reimbursement, travel commencement and termination times must be accounted for. Reimbursement for breakfast is not allowed on the day of departure Page 3 of 8 TITLE: Reimbursement for Expenses Incurred in POLICY #109 The Performance of Official Duties ADOPTED: September 19, 2006 AMENDED: unless the trip starts prior to 7:00 a.m. Reimbursement for dinner is not allowed on the day of return unless the trip ends later than 8:00 p.m. D. Registration Fees. Fees charged for registration at a conference or meeting which an individual is authorized to attend are reimbursable. Receipts or other acceptable evidence of the amount of the fees, such as a copy of the conference program/invitation setting forth the fee rates, shall be retained for submission with the claim form. E. Incidental Expenses. 1. Taxi and Bus Fares. Reimbursement will be allowed for taxi, bus fare or other transportation costs when such transportation is necessary in the conduct of City business. Receipts must be provided for these expenses, regardless of cost. Such expenses shall be itemized on the Travel Expense Report. 2. Communications. Telephone and telegraph charges will be reimbursed for official calls and wires only. Unofficial calls charged to the hotel bill should be identified and deducted from the total hotel bill. 3. Parking, garage, and toll charges. Parking, garage, and toll expenses will be reimbursed when an automobile is used for transportation. Receipts must be submitted for reimbursement. • 4. Tips, gratuities, and services fees. Customary tips of up to 20 percent will be permitted on reimbursable items. Tips shall be itemized on the claim form. 5. Miscellaneous. All items of expense not included in any of the other categories but which nonetheless can be clearly identified as incidental to the undertaking of City business shall also be allowed reimbursement. Receipts for these items must be submitted. Examples of such expenses are public stenographer fees, duplicating expenses and the cost of publications of value to the City being distributed at conference. F. P.O.S.T. Expenses. Expenditures in training Police Department personnel under the P.O.S.T. Program shall be authorized and reimbursed by the City in accordance with established P.O.S.T. guidelines. In case of conflict between the P.O.S.T. guidelines and this policy, the P.O.S.T. guidelines shall prevail but only in the case of expenditures properly reimbursable under the P.O.S.T. Reimbursement Program. Page4of8 mil0 TITLE: Reimbursement for Expenses Incurred in POLICY #109 The Performance of Official Duties ADOPTED: September 19, 2006 AMENDED: G. Cash Advance. It is encouraged that individuals use their own money or credit cards to finance the trip and then claim reimbursement upon their return. If in the judgment of a department manager, estimated expenses for a contemplated out -of -city travel are too high to expect the individual to finance the trip and be reimbursed upon their return, the department manager may authorize advance payment or a maximum of $200 to the employee. An advance in excess of $200 must have the approval of the City Manager. Approval of cash advance does not constitute approval for expenditure of the amount so advanced. All actual expenditures must be justified and approved based on limits and allowances set by this policy. II. Procedures A. Reimbursement of Business Travel Expenses. The individual shall submit a signed Travel Expense Report to the department director after completion of travel. Such report shall show the details of official business expenses incurred and should be accompanied by supporting documents required under this policy. The department director shall review the report for compliance with this policy and affix their signature to signify approval. The Travel Expense Report must be forwarded to the Finance Department within three (3) working days upon return. City Council members and members of boards and commission shall submit the Travel Expense Report to the City Manager for approval. B. Air. Allowance for air travel will be actual round trip via coach or tourist class accommodation. Travel Expense Reports will be accompanied by air passage receipts when filed. C. Personal Car. Individuals shall account for use of their vehicle on a daily basis through use of a Travel Expense Report, which is to be submitted when filing a claim. D. City -owned Vehicle. Page�55 of 8 /f TITLE: Reimbursement for Expenses Incurred in POLICY #109 The Performance of Official Duties ADOPTED: September 19, 2006 AMENDED: Authorized personal use of a City vehicle will be accounted for on a Travel Expense Report, which will be submitted when filing for reimbursement. Individuals will be charged the prevailing IRS standard mileage rate for each mile, and shall be deducted from the total allowable travel expenses. Emergency repair receipts must be submitted to Public Works for approval prior to reimbursement. E. Lodging. Receipts indicating date and occupancy status, accompanied by meeting and travel schedules much be submitted with the Travel Expense Report when filing a claim. F. Meals All meal receipts will be submitted with the Travel Expense Report. Receipts must be detailed and itemized, showing exactly what was purchased (not just credit card receipts). G. Registration Fees. Receipts, or other acceptable evidence of the amount paid, must be submitted with the Travel Expense Report. H. Incidental Expenses. Incidental expenses (except for alcohol, entertainment, and items for personal use) shall be itemized on the Travel Expense Report, and receipts shall be provided. I. Cash Advance. Approved requests for travel advances shall be submitted to the Finance Department at least ten (10) working days before the start of travel. Funds will be released no earlier than three (3) working days prior to the trip departure date. The Finance Department shall deduct from the total expenses claimed, any expense item found to be inconsistent with this policy, and shall furnish the employee with an itemized list of items disallowed. Any amount due the employee shall be paid within ten (10) working days from receipt by the Finance Department of the Travel Expense Report. Page 6 of 8 TITLE: Reimbursement for Expenses Incurred in POLICY #109 The Performance of Official Duties ADOPTED: September 19, 2006 AMENDED: III. Alternative Proof of Payment for Training Expenses. A. Individuals periodically request alternative proof of payment methods for reimbursable training expenses, (i.e., registration/tuition fees), advanced, when receipts or cancelled checks are not available. B. As an exception, only when receipts are impractical to obtain, the following may be used in place of receipts or cancelled checks for reimbursement purposes. 1. Course announcement specifying the amount of fees, and 2. A document issued by the training institution indicating attendance or completion of the course by the employee IV. Use of City Credit Card for Travel Purposes. City staff members occasionally attend job -related training and conferences, upon approval of the City's Purchasing Review Committee (PRC). Job related training is often required by state mandates. In order to make airline and hotel reservations, a credit card number must be provided to guarantee the reservations. Prior to use, any employee wishing to use a City -issued credit card, must read and adhere to the City's Credit Card Policy (Administrative Policy #3.14). Per Administrative Policy #3.14: Credit cards may never be used to circumvent established competitive purchasing procedures, or dollar limits established by the City's Municipal Code. City Ordinances or Purchasing Division procedures. Credit cards shall only be used to pay for "PRC" authorized travel and training expenses. Individuals may not use City credit cards for personal expenses even if the intent is to reimburse the City later. See Administrative Policy 3.14 for complete rules and details. Summary This Policy cannot cover every issue, exception or contingency that may arise in obtaining reimbursement for travel and training expenses incurred in the performance of official duties, and in the use of City credit cards. Individuals are expected to exercise good judgment and show proper regard for economy when traveling in conjunction with official City business. Any expense for which an individual requests reimbursement should directly and manifestly relate to the conduct of City business and, in the event of an audit, should leave no doubt that Page 7 of 8 7, TITLE: Reimbursement for Expenses Incurred in POLICY #109 The Performance of Official Duties ADOPTED: September 19, 2006 AMENDED: such expenditure was pre -approved by the Purchasing Review Committee, and is in fact reasonable and necessary in the conduct of City business. Accordingly, the basic standard that should always prevail is to use common sense and good judgment in the use and stewardship of City resources. This Policy shall supersede all previously -adopted policies and procedures pertaining to reimbursement for travel and training expenses and to the use of City credit cards, including Instruction Nos. 3.03, 3.04, 3.05 and 3.14 of the City Administrative Manual. This Policy satisfies the requirements of Government Code Sections 53232.2 and 53233.3. Related Policy References Government Code Sections: 53232.2, 53233.3, 53233.4 Assembly Bill 1234 City Administrative Manual Policies 3.03, 3.04, 3.05, 3.14 Municipal Code, Chapter 2.60 Forms: Travel Expense Report: available from the Finance Department or the City's Intranet site. Credit Cardholder Use Agreement: available from the Finance Department Prior Policy Amendments September 19, 2006 Page 8 of 8 1/U CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Reimbursement for Expenses Incurred in POLICY #109 The Performance of Official Duties ADOPTED: September 19, 2006 AMENDED: Purpose Government Code Sections 53232.2, 53233.3, and 53233.4, enacted pursuant to AB 1234, require the governing body of a local agency to adopt a written policy addressing reimbursement for travel and training expenses incurred in the performance of official duties. The City Council deems it desirable to adopt a uniform policy applicable to City employees, board and commission members, members of the City Council and other elected officials, goveming reimbursement for such expenses. The purpose of this administrative policy is to establish uniform policies and procedures conceming expenses incurred by members of the City Council, board or commission members, City employees and other elected officials while traveling or attending events on City business. I. Policy A City Councilmember, elected official, board or commission member or City employee who is required to travel in the performance of their duties or to attend an authorized meeting, conference or seminar which is of direct benefit to the City shall be reimbursed for reasonable expenses incurred, including transportation, meals, lodging and other incidental expenses directly related to such official City business. Expenses specifically disallowed for reimbursement include purchase of personal use items, alcoholic beverages and entertainment (including in -room movies). All requests for city -related travel must be reviewed/amoved by The Purchasing Review Committee (PRC) prior to making any travel commitments or arrangements. Estimated cost information must be sent to the Finance Denaartment/Puuehasing Division. Upon approval by the PRC, travel plans may be made. PRC aloroval numbers must be noted on expense reports and invoices submitted for payment or reimbursement. Existing City purchasing policies and procedures must be followed when obtaining cost estimates, and making arrangements associated with travel. See Municipal Code, Chapter 2.60 regarding Purchasing polices and procedures. A. Transportation. Page 1 of 7 I Deleted: - - Deleted: 9/19/06 Deleted: and 1 Deleted: 10 5 The following modes of transportation may be allowed for the purpose of gaveling on* City business: 1. Air Travel. Allowance for air travel will be actual roundtrip via coach or tourist class accommodation. Receipts for air passage must be retained for submission with the Travel Expense Report. 2. Personal car. With specific approval from the department head or the City Manager, personal cars may be used for out-of-town travel. Reimbursement shall be based on actual mileage used for the official travel. Any mileage used for personal purposes or otherwise not directly related to official City business shall be deducted from total miles traveled to arrive at the net reimbursable mileage. Reimbursement shall be at the prevailing IRS standard mileage rate. When use of a personal vehicle is authorized, individuals shall adequately account for their use of the personal vehicle on a daily basis on the Travel Expense Report. Total reimbursable transportation expense through use of a personal car shall in no case exceed the allowable expense of transportation by air when one is available to such destination. 3. City -owned vehicle. Use of City -owned vehicle shall be authorized when this mode of transportation can be demonstrated as the most economical means available. For determining advisability of usage, employees shall be supplied with estimated cost of travel via a City -owned vehicle by Public Works upon request. Use of a City -owned vehicle shall not be authorized when the estimated cost exceeds the authorized cost of air travel_ When use of a City -owned vehicle is authorized, individuals shall adequately account for their use of the City -owned vehicle on a daily basis in the Travel Expense Report. Individuals shall be charged at the prevailing IRS standard mileage rate for every mile of personal use of the City -owned vehicle. The cost of personal use of a City -owned vehicle shall be deducted from the total allowable travel expenses. Individuals who experience car trouble with a City -owned vehicle while on out-of- town travel, should contact the Public Works Department as soon as possible for direction. If it is after work hours or on the weekend, contact the Police Department Dispatch at (619) 336-4411, and they will get in touch with Public Works staff, All receipts for such repairs must be pre-uthorized by Public Works and retained and forwarded to Public Works for approval prior to reimbursement In the event of an Accident while using aCity-owned_ vehicle, the traveler should refer to the 'Accident Packet' in the glove box of each vehicle for detailed instructions on how to proceed, then notify Police Dispatch and Public Worlcsjmmediately. B. Lodging. I. General provisions. Reimbursement will be made for the cost of lodging required to conduct the assigned City business. Dated receipts and meeting and travel schedules must be retained for submission with the Travel Expense Report. Lodging will be allowed for the night prior to the commencement of the meeting if the time set for the start of the meeting requires the individual to leave home prior to 6 a.m. of the day of the meeting. Lodging will be allowed for the night following the Page 2 of 7 Deleted: f Formatted: Indent: Left: 0.13" - Deleted: The City shall obtain an exclusive travel management comoanv for the Ctiy's air travel requires better monitor air travel costs, o procurement of air passage and f discounts when available. The Purchasing Department shall periodically obtain proposals for an exclusive travel management services, evaluate the proposals and make a recommendation for Council approval. Upon selection of an exclusive travel management company, individuals shall purchase plane tickets from such specified travel agency. 11 Deleted: area Deleted: uthorized to pay for emergency repairs of a City -owned vehicle while on out-of-town travel. { Deleted: 10 J Li / meeting if the employee could not have arrived home prior to 12:00 midnight following the meeting. Lodging in connection with separate, consecutive meetings or conferences shall be permitted if it is less costly than returning to the city for the nights between the meetings. In instances where an individual has the option to travel by air and the individual opted to travel by car, reimbursement for lodging shall be allowed on the same basis as if the individual traveled by air. 2. Rate of reimbursement. Lodging reimbursement shall be based on the single room rate charged at the headquarters hotel for the conference or the hotel most proximate to the site of the meeting. If the hotel has different rates for single room accommodation, the individual shall be entitled to reimbursement for no more than the second least expensive rate. In the event the individual occupies a more expensive room accommodation (e.g. multiple occupancy), they will be reimbursed at the rate for single occupancy. The employee shall have the hotel indicate on the bill whether the room is for single or jnultiple occupancy and the equivalent single _ occupancy rate if the accommodation is other than single occupancy. If the rate for single occupancy cannot be verified from the bill or receipt, the individual shall be reimbursed at 80% of the rate indicated on the bill. C. Meals. Reimbursement for meals shall be on the basis of actual cost. All meal receipts must be retained for submission with the Travel Expense Report. Receipts must be detailed and itemized showing exactly what was ordered. Credit card receipts will not be accepted for purposes of reimbursement, ,fig claim, reimbursement, travel ,commencement and termination times; musty be accounted for. Reimbursement for breakfast is not allowed on the day of departure unless the trip starts prior to 7:00 a.m. Reimbursement for dinner is not allowed on the day of return unless the trip ends later than 8:00 p.m. D. Registration Fees. Fees charged for registration at a conference or meeting which an individual is authorized to attend are reimbursable. Receipts or other acceptable evidence of the amount of the fees, such as a copy of the conference program/invitation setting forth the fee rates, shall be retained for submission with the claim form. E. Incidental Expenses. 1. Taxi and Bus Fares. Reimbursement will be allowed for taxi, bus* fare or other transportation costs when such transportation is necessary in the conduct of City business. Receipts must be provided for these, expenses, regardless of cost. ,Such expenses shall be itemized on the Travel Expense Report. 2. Communications. Telephone and telegraph charges will be reimbursed for official calls and wires only. Unofficial calls charged to the hotel bill should be identified and deducted from the total hotel bill. Page 3 of ,- Deleted: In the event an individual seeking reimbursement is unable to submit meal receipts, reimbursement shall be at the prevailing IRS standard daily meal allowance rate. If meals are included in the registration fee or when three meals are not required during partial days of travel, the prevailing IRS standard daily meal allowance rate shall be broken down according to the following percentages:1 .. Breakfast _ 25%1 - Lunch . _ 35%1 .. Dinner _ _ 40% _ 1 . _ Total .. 100°%1 For information regarding the current prevailing IRS standard daily meal allowance rate, the Finance Director should be consulted.¶ A Deleted: 1n Deleted: ing Deleted: time of Deleted: of travel Deleted: need to Formatted: Bullets and Numbering Deleted: No receipts need be provided Deleted: such Deleted: except for individual charges exceeding S10.00 Deleted: 10 3. Parking, garage, and toll charges. Parking, garage, and toll expenses will be reimbursed when an automobile is used for transportation. Receipts must be submitted for reimbursement. 4. Tips, gratuities, and services fees. Customary tips of up to 20 percent will be permitted on reimbursable items. Tips shall be itemized on the claim form. 5. Miscellaneous. All items of expense not included in any of the other categories but which nonetheless can be clearly identified as incidental to the undertaking of CQ.'ty business shall also be allowed reimbursement. Receipts for these items must be submitted. Examples of such expenses are public stenographer fees, duplicating expenses and the cost of publications of value too the gity being distributed at conference. F. P.O.S.T. Expenses. Expenditures in training Police Department personnel under the P.O.S.T. Program shall be authorized and reimbursed by the City in accordance with established P.O.S.T. guidelines. In case of conflict between the P.O.S.T. guidelines and this policy, the P.O.S.T. guidelines shall prevail but only in the case of expenditures properly reimbursable under the P.O.S.T. Reimbursement Program. G. Cash Advance. It is encouraged that individuals use their own money or credit cards to finance the trip and then claim reimbursement upon their return. { Deleted: c Deleted: t Deleted: c '_Deleted: e If in the judgment of a department manager, estimated expenses for a contemplated out -of -city travel too high to expect the individual to finance the trip and be { Deleted: is reimbursed upon their return, the department manager may authorize advance payment or a maximum of $200 to the employee. An advance in excess of $200 must have the approval of the City Manager. Approval of cash advance does not constitute approval for expenditure of the amount so advanced. All actual expenditures must be justified and approved based on limits and allowances set by this policy. II. Procedures', Deleted: PROCEDURES A. Reimbursement of Business Travel Expenses. The individual shall submit a signed ;ravel Expense Report, to the department Deleted: •• 3 director after completion of travel. Such report shall show the details of official -- {Deleted: business expenses incurred and should be accompanied by supporting documents required under this policy. The department director shall review the report for compliance with this policy and affix their signature to signify approval. The ,Travel _- - -_ Deleted: " Expense Report, must be forwarded to the Finance Department within three - (3) .---{ Deleted: ' working days upon return. City Council_members and members of boards and Page 4 of Deleted: 10 1 7� commission shall submit the Travel Expense Report to the City Manager for approval. B. Air. Allowance for air travel will be actual round trip via coach or tourist class accommodation. Travel Expense Reports will be accompanied by air passage receipts when filed. C. Personal Car. Individuals shall account for use of their vehicle on a daily basis through use of a Travel Expense Report, which is to be submitted when filing a claim. D. City -owned Vehicle. Authorized personal use of a City vehicle will be accounted for on a Travel Expense Report, which will be submitted when filing for reimbursement. Individuals will be charged the prevailing IRS standard mileage rate for each mile, and shall be deducted from the total allowable travel expenses. Emergency repair receipts must be submitted to Public Works for approval prior to reimbursement. E. Lodging. Receipts indicating date and occupancy status, accompanied by meeting and travel schedules much be submitted with the Travel Expense Report when filing a claim. F. Meals All meal receiptsw ill be submitted with the Travel Expense Report. Receipts mus(, be detailed and itemized, showing exactly what was purchased (not just credit card receipts). G. Registration Fees. Receipts, or other acceptable evidence of the amount paid, must be submitted with the Travel Expense Report. H. Incidental Expenses. Incidental expenses (except for alcohol, entertainment, and items for personal use) shall be itemized on the Travel Expense Report, and receipts shall be provided I. Cash Advance. Approved requests for travel advances shall be submitted to the Finance Department at least ten (10) working days before the start of travel. Funds will be released no earlier than three (3) working days prior to the trip departure date. Page 5 of 7 --(Deleted: Deleted: should Deleted: If unable to submit receipts, the prevailing IRS standard daily meal allowance tate shall be reimbursed. --[Deleted: when appropriate and possible Deleted: Jo J Deleted: a I. The Finance Department shall deduct from the total expenses claimed, any expense item found to be inconsistent with this policy, and shall furnish the employee with an itemized list of items disallowed. Any amount due the employee shall be paid within ten (10) working days from receipt by the Finance Department of the Travel Expense Report. III. Alternative Proof of Payment for Training Expenses. A. Individuals periodically request alternative proof of payment methods for reimburs,able training expenses, (i.e., registration/tuition fees), advanced, when receipts or cancelled checks are not available. B. As an exception, only when receipts are impractical to obtain, ,the following may be used in place of receipts or cancelled checks for reimbursement purposes, _ 1. Course announcement specifying the amount of fees, and 2. A document issued by the training institution indicating attendance or completion of the course by the employee, IV. Use of City Credit Card for Travel Purposes. ,City staff members occasionally attend job -related training and conferences, upon - approval of the City's Purchasing Review Committee (PRC). Job related raining js After required by state mandates. In order to make airline and hotel reservations, a credit card number must be provided to guarantee the reservations. yrior to use, any employee wishing to use a City -issued credit card, must read and adhere to the City's Credit Card Policy (Administrative Policy #3.14), Per Administrative Policy #3.14:Credit cards may never be used to circumvent established competitive purchasing procedures, or dollar limits established by the City's Municipal Code, City Ordinances or Purchasing Division procedures. Credit cards shall only be used to „pay, for "PRC" authorized travef and training expenses. Individuals may not use City credit cards for personal expenses even if the intent is to reimburse the City later. See Administrative Policy 3.14 for complete rules and details. Summary This Policy cannot cover every issue, exception or contingency that may arise in obtaining reimbursement for travel and training expenses incurred in the performance of official duties, and in the use of City credit cards. Individuals are expected to exercise good judgment and show proper regard for economy when traveling in conjunction with official City business. Any expense for which an individual requests reimbursement should directly and manifestly relate to the conduct of City business and, in the event of an audit, should leave no doubt that such expenditure was pre -approved by the Purchasing Review Committee, and is in fact reasonable and necessary in the conduct of City business. Accordingly, the basic Page 6 of Deleted: o { Deleted: Attachement: Travel Expense Report (Appendix "A").11 Deleted: e Deleted: a combination of Deleted: : Deleted: 9 may be used in place of receipt/cancelled check for reimbursemetn purposes. Formatted: Not Highlight Deleted: This Section establishes the City's basic policies and procedures for using credit cards in making service purchases on behalf of the City and payng for travel expenses when on City business.¶ Every year, Deleted: win Deleted: char Deleted: e Deleted: usually Formatted: Not Highlight J Formatted: Not Highlight Deleted: 1, A. Statement of Policy.¶ 11 'e >Finance will issue City credit cards to designated individuals as approved by the City Manager, or his/her designee. The set credit card limit is S5,000. The City Manager may also set "per transaction" limits at his/er discretion.¶ Deleted: in Deleted: Mg Deleted: Charging personal expenses on City credit cards is a misuse of City funds and a serious breach of the City's Civil Service Rules, and may be unlawful. Doing so, even if the Anent is to reimburse the City later, will result in disciplinary action, up to and including termination., 11 B. Responsibilities.¶ <#'>Cardholder. Purchase services on behalf of the City in accordance with these guidelines. Collect and surrender to the City Manager or his/her designee all transaction receipts.¶ <#>City Manager or Designee. Authorize issuance of credit cards and set credit limits; develop and implement departmental procedures to ensure that payments are appropriately reviewed and approved, processed in a timely manner and that all supporting documentation is retained, reconciled to monthly standard that should always prevail is to use common sense and good judgment in the use and stewardship of City resources. This Policy shall supersede all previously -adopted policies and procedures pertaining to reimbursement for travel and training expenses and to the use of City credit cards, including Instruction Nos. 3.03, 3.04, 3.05 and 3.14 of the City Administrative Manual. This Policy satisfies the requirements of Government Code Sections 53232.2 and 53233.3. Related Policy References Government Code Sections: 53232.2, 53233.3, 53233.4 Assembly Bill 1234 City Administrative Manual Policies 3.03, 3.04, 3.05, 3.14 Municipal Code, Chapter 2.60 Forms: Travel Expense Report: available from the Finance Department or the City's < S Intranet site. { Formatted: Indent: First line: 0.42" Credit Cardholder Use Agreement: available from the Finance Department Prior Policy Amendments September 19, 2006 Page 7 of 7 Deleted: ID CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Display of Flags POLICY #110 ADOPTED: July 14, 1987 AMENDED: Purpose To establish a policy regulating when the flag of the United States, the flag of the State of California and the flag of the City of National City should be flown at half-staff. This policy shall also establish guidelines governing the flying of the following flags on City property: Permanent Flags United States of America State of California City of National City Ceremonial Flags Army Navy Marine Corps Air Force United States Coast Guard POW Army Retired Navy Retired Air Force Retired World War Il Commemorative Korean War Veterans Vietnam Veterans Policy The City of National City observes the following protocol with respect to the display of the flags. 1) The flags will be displayed from sunrise to sunset unless properly lit. 2) The flags will be hoisted briskly and lowered ceremoniously. 3) The flags will not be displayed on days when the weather is inclement, except when an all-weather flag is displayed. 4) When flying the flags at half-staff, the flags will be hoisted to the peak for an instant and then lowered to the half-staff position. 5) The City Manager is authorized to display at all City buildings the United States flag at half-staff in accordance with the rules set forth below and at such times as may be prescribed by the President of the United States, the Governor of the State Page 1 of 3 TITLE: Display of Flags POLICY #110 ADOPTED: July 14, 1987 AMENDED: of California, or the Mayor of the City of National City with the concurrence of the City Council. a) Thirty days from the death of a President or former President b) Ten days from the day of death of a Vice -President, Chief Justice of the United States or a Speaker of the House of Representatives. c) The day of death and on the following day for a United States Senator or Representative, the Governor of the State of California, and any elected official of the City of National City. d) On the closest working day to the date of internment for an employee of the City of National City. 6) The flags will be flown at half-staff on the following days: a) Memorial Day until noon b) Patriot Day, September 11 When flying the flags at half-staff, the flags will be hoisted to the peak for an instant and then lowered to the half-staff position. 7) At Kimball Bowl, the United States, State of California, and the City of National City flags will be flown 24 hours, 7 days a week, except in the case of inclement weather. These flags shall be lit during nighttime hours. 8) All City locations that have flags, will fly the United States and the State of California flags on the holidays listed below. In addition, the Kimball Bowl will fly ceremonial flags on certain holidays as listed below: a) Inauguration Day- as designated b) President Day- 3rd Monday in February c) Armed Forces Day- 3rd Saturday in May d) Memorial Day- the last Monday in May e) Flag Day- June 14 f) Independence Day- July 4 g) Labor Day- 1St Monday in September h) California Admission Day- September 9 i) Patriot Day- September 11 j) Veteran's Day k) Pearl Harbor Day- December 7 1) Other days that may be proclaimed by the President of the United States, or the Governor of the State of California 9) The following departments are responsible for raising and lowering the flags at the listed locations: Page 2 of 3 33 TITLE: Display of Flags POLICY #110 ADOPTED: July 14,1987 AMENDED: a) Las Palmas Park/Pool- Recreation Department b) Library -Public Works Department c) Civic Center -Public Works Department d) Police Department -Public Works Department e) Fire Department (Stations #15 and #10)- Fire Department f) Kimball Bowl -Public Works Department g) Las Palmas Snack Bar- Sports Teams using fields h) Kimball Recreation Center (south side)- Parks Division 10) The Public Works Department shall assume responsibility for the display of ceremonial flags at Kimball Bowl. Related Policy References Flag Code: California State Governor Flag Code: Office of the President of the United States Prior Policy Amendments December 2, 2008 Page 3 of 3 Si( CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Display of Flags POLICY #110 ADOPTED: July 14, 1987 AMENDED: < (I Deleted: December 2, 2008 Purpose To establish a policy regulating when the flag of the United States, the flag of the State of California and the flag of the City of National City should be flown at half-staff. This policy shall also establish guideline governing the flying of the following flags on City -{ Deleted: nd property: Permanent Flags United States of America State of California City of National City Ceremonial Flags Army Navy Marine Corps Air Force United States Coast Guard POW Army Retired Navy Retired Air Force Retired World War II Commemorative Korean War Veterans Vietnam Veterans Policy The City of National City observes the following protocol with respect to the display of the flags. 1 Deleted: guidelines t Deleted: 15 1) The flags will be displayed from sunrise to sunset unless properly lighted 2) The flags will be hoisted briskly and lowered ceremoniously. 3) The flags will not be displayed on days when the weather is inclement, except when an all-weather flag is displayed. 4) When flying the flags at half-staff, the flags will be hoisted to the peak for an instant and then lowered to the half-staff position. 5) The City Managerjs authorized to display at all City buildings the United States -. { Deleted: flag at half-staff in accordance with the rules set forth below and at such times as may be prescribed by the President of the United States, the Governor of the State of California, or the Mayor of the City of National Citywith the concurrence of the --{ Deleted: City Council. Page 1 of 3 J J a) Thirty days from the death of a President or former President b) Ten days from the day of death of a Vice -President, Chief Justice of the United States or a Speaker of the House of Representatives. c) The day of death and on the following day for a United States Senator or Representative, the Governor of the State of California, and any elected official of the City of National City. d) On the closest working day to the date of internment for an employee of the City of National City. 6) The flags will be flown at half-staff on the following days: a) Memorial Day until noon b) Patriot Day, September 11 When flying the flags at half-staff, the flags will be hoisted to the peak for an instant and then lowered to the half-staff position. 7) At Kimball Bowl, the United States, State of California, and the City of National City flags will be flown 24 hours, 7 days a week, except in the case of inclement weather. These flags shall be 1iduring nighttime hours. {Deleted: ghted 8) All City locations that have flags, ,will fly the United States and the State of -{ Deleted: California flags on the holidays listed below. In addition, the Kimball Bowl will fly ceremonial,lags on certain holidays as listed below: a) Inauguration Day- as designated b) President Day- 3rd Monday in February c) Armed Forces Day- 3rd Saturday in May d) Memorial Day- the last Monday in May e) Flag Day- June 14, 0 Independence Day- July 4, g) Labor Day- 1a' Monday in September h) California Admission Day- September 9 i) Patriot Day- September 11 j) Veteran's Day, k) Pearl Harbor Day- December 7, 1) Other days that may be proclaimed by the President of the United States, or the Governor of the State of California 9) The following departments are responsible for raising and lowering the flags at the listed locations: a) Las Palmas Park/Poo1-tecreation Department b) Library -Public Works Department c) Civic Center -Public Works Department d) Police Department -Public Works Department e) Fire Department (Stations #15 and #10)- Fire Department f) Kimball Bowl -Public Works Department g) Las Palmas Snack Bar- Sports Teams using fields h) Kimball Recreation Center (south side)- Parks Division 10) The Public Works Department ,Shall assume responsibility for the display of _-.- ceremonial flags at Kimball Bowl. Page 2 of 3 --{ Deleted: other [Deleted: January 20 Deleted: th { Deleted: (Ceremonial flags will be flown at Kimball Bowl — see above) Deleted: (Ceremonial flags will flown at Kimball Bowl see abo} Deleted: (Ceremonial flags will be flown at Kimball Bowl) Deleted: (Ceremonial flags will be flown at Kimball Bowl) 'I Deleted: (Ceremonial flags will be 1 flown at Kimball Bowl) --- f Deleted: Parks and • I Deleted: Upon establishment, the National City Military Affairs Advisory Committee rtel Related Policy References Flag Code: California State Governor Flag Code: Office of the President of the United States, Prior Policy Amendments December 2, 2008 Page 3 of 3 --"t Deleted: none CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Utilization of City Vehicles in Non -Safety POLICY #111 Related Capacities ADOPTED: February 9, 1988 AMENDED: Purpose To establish guidelines for the utilization of city vehicles in non -safety related capacities including parades, funerals and other events. Policy City vehicles may be made available for parades, funerals and other special events which promote the City of National City or honor its employees or residents. Requests for such use must be approved by the City Manager with the exception of those activities directly related to department operations, routine maintenance, or road testing. The City Manager shall notify the City Council when requests are approved. Related Policy References New Administrative Policy # Prior Policy Amendments January 7, 1992 Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Utilization of City Vehicles in Non -Safety, POLICY #111 Related Capacities ADOPTED: February 9, 1988 AMENDED Purpose To establish guidelines for the utilization of city vehicles in non -safes related capacities including parades, funerals and other events. Policy City vehicles may be made available for parades. funerals and other special events which promote the City of National City or honor its employees or xesidentse Requests for such I; use must be approved,by the City Managei vith the exception of those activities directly related to department operations, routine maintenance, or road testing. The City Manager shall notify he City Council when requests_ are approved, Related Policy References New Administrative Policy 4 Prior Police Amendments January 7_ 1992 Page 1 of 1 I Deleted: 10 Deleted: Non -Work Deleted: D/REVISED: 1/7/92 Deleted: work Formatted: Font color: Red ') Deleted: citizens Deleted: presented to 1 Deleted: Council , Deleted: for approval Deleted: may or may not refer the item Deleted: for approval or as an information item Deleted: Anyone requesting the use of -' a city vehicle must provide supporting documentation including the specific event application to the appropriate deparlmeat at least 20 working days prior to the application deadline. Thus application and all pertinent information shall then be forwarded to the City Manager's office for review and submission to the City Council for consideration¶ i11 All city incurred, direct costs associated with the use of the vehicle shall be identified or estimated including, but not limited to, entry fees, decorations, towing charges, and driver salary costs. The cost information will be submitted to the City Council for consideration along with relevant data about the proposed well The Seagraves Fire Engine shall be towed (trailored) to all events outside of the city limits, unless special circumstances are found to exist.}; 11 A qualified driver, as determined by the department which operates the vehicle, shall be responsible for the vehicle and shall remain with the vehicle at all times when participating in an event or on publid display, The operation of the parade vehicle, at all times, shall be the sole responsibility of the driver. The driver shall not receive direction from anyone regarding the operation of the vehicle, with the exception of an 'l amhorized public safety ofcer.¶ '.,(Formatted:Outline Deleted: Only city officials and employees of the City of National City l and the current Miss National City are permitted to ride on the vehicleThe City Council will have final authority to ' designate al] riders for the vehicle. Anyone riding on a city vehicle in a parade shall board at a pre -determined 1. staging area and obey the instructions of the driver.li Deleted: National City Fire Department Operations Manuatt National City Municipal Code, Chapter 2.12 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Document Reproduction POLICY #112 ADOPTED: October 17, 1989 AMENDED: Purpose To ensure that the reproduction of public records is carried throughout all City Departments. manner The City Manager shall establish an administrative procedure to ensure that appropriate public documents are available to the public. The City Manager shall also establish a uniform fee schedule through an Administrative Policy, which from time to time will be adjusted for inflation and other impacting fact. Related Policy References City Administrative Policy #3.02 "Document Reproduction Procedures and Fee Schedule". Prior Policy Amendments None Page 1 of 1 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Unauthorized Disclosure of Information POLICY #113 Revealed in Closed Sessions ADOPTED: March 12, 1996 AMENDED: Purpose To establish a policy to prevent the unauthorized disclosure, of information revealed in closed sessions of the City Council, and to provide remedies inthe event of any such unauthorized disclosure. Policy No person present in a closed session shall disclose, outside of the closed session, any information revealed in such closed session, without the prior authorization of a majority of the City Council. Any violation of this policy may be enforced by one of more of the following actions, as directed by a majority of the City Council: 1. Referral to the Office of the District Attorney for prosecution for violation of Government Code Section 1098. 2. Referral to the Office of the District Attorney for prosecution for violation of Government Code Section 1222. 3. Referral to the Office of the District Attorney for prosecution for violation of Government Code Section 3060. 4. Referral of a council member who has willfully disclosed confidential information in violation Government Code section 54963 to the grand jury. 5. Obtaining an injunction to prevent further unauthorized disclosure of information revealed in a closed session. 6. In the event an unauthorized disclosure is committed by a member of the City Council, that member may be censured by a majority vote of the City Council. Prior to imposing censure, the member subject to censure must first be provided 10 calendar days' notice of the City Council's intention to impose the censure, and be given an opportunity to respond to the proposed censure. 7. In the event an unauthorized disclosure is committed by a member of the City staff, that staff member may be subject to disciplinary action. Page 1 of 4 TITLE: Unauthorized Disclosure of Information POLICY #113 Revealed in Closed Sessions ADOPTED: March 12, 1996 AMENDED: This policy shall not prohibit the making of a public report of actions taken in a closed session as required by Government Code Section 54957.1. Related Policy References City Council Policy #104 Government Codes 1098, 1222, 3060, 54957.1, 54963 City Attorney Memorandum: Original Feb. 29, 1996. Revised Jan. 7, 2013 (attached) Prior Policy Amendments None Page 2 of 4 TITLE: Unauthorized Disclosure of Information POLICY #113 Revealed in Closed Sessions ADOPTED: March 12, 1996 AMENDED: George H. Eiser, III City Attorney City of National City February 29, 1996 MEMORANDUM -- Revised. January 7, 2013 Claudia G. Silva City Attorney City of National City PUBLIC DISCLOSURE OF INFORMATION DISCUSSED IN CLOSED SESSION: POSSIBLE REMEDIES Prohibited by the Brown Act — Improper to Disclose • A person cannot disclose information discussed in closed session without authorization of the City Council. Government Code section 54963. Remedies under Government Code section 54963 (c) Violation of this section may be addressed by the use of such remedies as are currently available by law, including, but not limited to: (1) Injunctive relief to prevent the disclosure of confidential information prohibited by this section. (2) Disciplinary action against an employee who has willfully disclosed confidential information in violation of this section. (3) Referral ofa member of a legislative body who has willfully disclosed confidential information in violation of this section to the grand jury." City May Not Enact Criminal Ordinance • California Attorney General has held that a city may not adopt an ordinance malting it a misdemeanor for any person present during a closed session of the city council meeting to publicly disclose the substance of any discussion properly held during the session unless authorized by the city council. (76 Ops. Cal. Atty. Gen 289 (1993).) Page 3 of 4 TITLE: Unauthorized Disclosure of Information POLICY #113 Revealed in Closed Sessions ADOPTED: March 12, 1996 AMENDED: Additional Possible State Law Violations • Any current public officer or employee who willfully and knowingly discloses for pecuniary gain, to any other person, confidential information acquired by him or her in the course of his or her official duties, or uses any such information for the purpose of pecuniary gain, is guilty of a misdemeanor. (Government Code § 1098.) • Every willful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision is made for the punishment of such delinquency, is punishable as a misdemeanor. (Government Code §1222; Adler v. City Council of the City of Culver City (1960) 184 Cal. App. 2d 763, 7 Cal. Rptr. 805.) • An accusation in writing against any officer of a district, county, or city, including any member of the governing board of personnel commission of a school district or any humane officer, for willful or corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed. An accusation may not be presented without the concurrence of at least 12 grand jurors. (Government Code §3060.) Injunction • An injunction may be obtained to prevent future public disclosure of information discussed in closed session. (Government Code §54960; Sacramento Newspaper Guild v. Sacramento County Board of Supervisors (1968) 263 Cal. App. 2d 41, 69 Cal. Rptr. 480.) Censure • Although there is no specific statutory or case authority for censure of a city councilmember, one reported decision (Braun v City of Taft (1984) 154 Cal. App. 3d 332, 201 Cal. Rptr. 654 involved the censure of a councilmember by a city council for release of city documents claimed to be confidential. The court set aside the censure action, finding that the documents released were in fact not confidential. If censure for public release of information discussed in closed session is to be imposed, the city council should have previously adopted clear, unambiguous rules of conduct which specifically authorize censure for such conduct. The individual subject to censure must also have notice and the opportunity to be heard before the censure is imposed. Under the First Amendment, censure is not appropriate for expansion of unpopular views, unless their expression substantially disrupts the council meeting. (Richard v. City of Pasadena (1995) U.S. Dist. Ct. C.D. Cal.) Page 4 of 4 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Unauthorized Disclosure of Information POLICY #113 Revealed in Closed Sessions ADOPTED: March 12, 1996 AMENDED: Purpose To establish a policy to prevent the unauthorized disclosure of information revealed in closed sessions of the City Council, and to provide remedies in the event of any such unauthorized disclosure. Policy No person present in a closed session shall disclose, outside of the closed session, any information revealed in such closed session, without the prior authorization of a majority of the City Council. Any violation of this policy may be enforced by one of more of the following actions, as directed by a majority of the City Council: 1. Referral to the Office of the District Attorney for prosecution for violation of Government Code Section 1098. 2. Referral to the Office of the District Attorney for prosecution for violation of Government Code Section 1222. 3. Referral to the Office of the District Attorney for prosecution for violation of Government Code Section 3060. 4. ,Referral of a council member who has willfully disclosed confidential information in (Deleted: . violation Government Code section 54963 to the grand jury. 5. jObtaining an injunction to prevent further unauthorized disclosure of information - {Deleted: . revealed in a closed session. 6. jn the event an unauthorized disclosure is committed by a member of the City { Deleted: . Council, that member may be censured by a majority vote of the City Council. Prior to imposing censure, the member subject to censure must first be provided 10 calendar days' notice of the City Council's intention to impose the censure, and be given an opportunity to respond to the proposed censure. 7. In the event an unauthorized disclosure is committed by a member of the City staff, .-._--Deleted: . that staff member may be subject to disciplinary action... deleted: Page 1 of 4 TITLE: Unauthorized Disclosure of Information POLICY #113 Revealed in Closed Sessions ADOPTED: March 12, 1996 AMENDED: This policy shall not prohibit the making of a public report of actions taken in a closed session as required by Government Code Section 54957.1. Related Policy References City Council Policy #104 Government Codes 1098, 1222, 3060, 54957.1. 54963 Prior Policy Amendments None Page 2 of 4 i4 George H. Eiser, III City Attorney City of National City February 29, 1996 Revised January 7. 201.3- - Claudia G. Silva City Attorney City of National City PUBLIC DISCLOSURE OF INFORMATION DISCUSSED IN CLOSED SESSION: POSSIBLE REMEDIES ,Prohibited by the Brown Act - Improper to Disclose • A person cannot disclosejnformation discussed in closed session without authorization of the City Council. Government Code section 54963. Remedies under Government Code section 54963 • "(c) Violation of this section may be addressed by the use of such remedies as are currently available by law, including, but not limited to: (1)jnjunctive relief to prevent the disclosure of confidential information prohibited by this section. (2) Disciplinary action against an employee who has willfully disclosed confidential information in violation of this section. (3) Referral of a member of a legislative body who has willfully disclosed confidential information in violation of this section to the grand jury." City Mav Not Enact Criminal Ordinance • California Attorney General has held that a city may not adopt an ordinance making it a misdemeanor for any person present during a closed session of the city council meeting to publicly disclose the substance of any discussion properly held during the session unless authorized by the city council. (76 Ops. Cal. Atty. Gen 289 (1993).) Additional Possible State Law Violations Page 3 of 4 Formatted: Right t Deleted: No Remedy in the Deleted: Disclosure of Deleted: is not prohibited by Brown Act itself (Government Code §§ 54950- 54962). Formatted: Centered Formatted: Left, Bulleted + Level: 1 + Aligned at: 0.25" + Tab after: 0" + Indent at: 0.5" Deleted: <#>7 Improper to Disclose Information¶ ¶ <M>Califomia Attorney General has held it is improper for information received during a closed session to be publicly disclosed without authorization of the city council. (76 Ops. Cal. Atty. Gen. 289, 290 (1993).)1 0 r) • Any current public officer or employee who willfully and knowingly discloses for pecuniary gain, to any other person, confidential information acquired by him or her in the course of his or her official duties, or uses any such information for the purpose of pecuniary gain, is guilty of a misdemeanor. (Government Code § 1098.) • Every willful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision is made for the punishment of such delinquency, is punishable as a misdemeanor. (Government Code §1222; Adler v. City Council of the City of Culver City (1960) 184 Cal. App. 2d 763, 7 Cal. Rptr. 805.) Deleted: y • An accusation in writing against any officer of a district, county, or city, including any member of the governing board of personnel commission of a school district or any humane officer, for willful or corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed. An accusation may not be presented without the concurrence of at least 12 grand jurors. (Government Code §3060.) Injunction • An injunction may be obtained to prevent future public disclosure of information discussed in closed session. (Government Code §54960; Sacramento Newspaper Guild v. Sacramento County Board of Supervisors (1968) 263 Cal. App. 2d 41, 69 Cal. Rptr. 480.) Censure • Although there is no specific statutory or case authority for censure of a city councilmember, one reported decision (Braun v City of Taft (1984) 154 Cal. App. 3d 332, 201 Cal. Rptr. 654 involved the censure of a councilmember by a city council for release of city documents claimed to be confidential. The court set aside the censure action, finding that the documents released were in fact not confidential. If censure for public release of information discussed in closed session is to be imposed, the city council should have previously adopted clear, unambiguous rules of conduct which specifically authorize censure for such conduct. The individual subject to censure must also have notice and the opportunity to be heard before the censure is imposed. Under the First Amendment, censure is not appropriate for expansion of unpopular views, unless their expression substantially disrupts the council meeting. (Richard v. City of Pasadena (1995) U.S. Dist. Ct. C.D. Cal.) Page 4 of 4 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Grant Review Policy POLICY # 114 ADOPTED: February 13, 2001 - AMENDED: Purpose Funds from federal, state, local and private sources are important resources that need to be included in the City's financial plan. The following policy provides a framework for City-wide coordination of grant activities among departments, and an opportunity to determine the immediate and long term financial consequences of accepting funding. This policy shall cover all departments of City government. Policy I. The City Manager's Office will act as a clearinghouse for all grant applications. Any City department intending to apply for funding from federal, state, local or private source shall obtain approval from the City Manager's Office in advance of the filing of any grant application. This shall be done by submitting the "Grant Application" form, which is available in the office of the City's designated Grant Coordinator. II. The City Manager's Office will review the "Grant Application" form to ensure that proposals are coordinated with the City's existing programs, ensure that administrative, reporting and evaluation requirements are adequately addressed by the requesting department, and evaluate the immediate and long term financial consequences of the proposal. The City Manager's Office may request additional information or presentations from requesting departments. III. After reviewing the department's request, the City Manager. may, at his/her discretion, decide whether to approve the solicitation of outside funding. On a periodic basis, the City Manager, or designee, will inform the City Council of any decisions approving solicitations of outside funding. On a case -by -case basis, the City Manager may also choose to refer individual grant funding requests to City Council for consideration. IV. In the event that the grant requires matching funds from the City, and the value of those matching funds exceeds the City Manager's signature authority, Council approval will be required at the time of (or prior to) acceptance of the grant award. V. For those proposals for outside funding which are allowed to go forward, the City Manager shall additionally determine at his/her discretion whether the grant or private funding request is best authored by City Staff or by other sources including professional outside grant writers engaged by the City Manager. If the decision is made to employ Page 1 of 2 TITLE: Grant Review Policy POLICY # 114 ADOPTED: February 13, 2001 AMENDED: outside grant writers, a "Letter of Authorization" will be sent from the City Manager or designee to the outside grant writer so as to begin the grant application process. The City Manager shall approve all grant applications. VI. Upon notification by a federal, state, local government, or private funding source of a grant award or intent to fund, the City department responsible for administering the grant shall request a resolution approving the acceptance and appropriation of the funds be prepared and calendared for an upcoming City Council meeting. The request for resolution shall include documentation of the intent to fund as provided by the funding source. The City Council shall formally approve the acceptance of all grant and private funds. Related Policy References "Grant Application" and Grant Process Flowchart are available from the City's Grant Coordinator Prior Policy Amendments None Page 2 of 2 7® 1I. TITLE: Grant Review Policy POLICY #114 ADOPTED: February 13, 2001 AMENDED; Purpose Funds from federal, state, local and private sources are important resources that need to be included in the City's financial plan. The following policy provides a framework for City-wide coordination of grant activities among departments, and an opportunity to determine the immediate and long term financial consequences of accepting funding. This policy shall cover all departments of City government. Policy I. The City Manager's Office will act as a clearinghouse for all grant applications. Any City department intending to apply for funding from federal, state, local or private source shall obtain approval from the City Manager's Office in advance of the filing of any grant application. This shall be done by submitting the "Grant Application" form which is available in the office of the City's designated Grant Coordinator„ The City Manager's Office will review the "Grant Application" form to ensure that proposals are coordinated with the City's existing programs, ensure that administrative, reporting and evaluation requirements are adequately addressed by the requesting department, and evaluate the immediate and long term financial consequences of the proposal. The City Manager's Office may request additional information or presentations from requesting departments I�I. After reviewing the department's request, the City Manager may, at his/her discretion, decide whether to approve the solicitation of outside funding, On a periodic basis, the City Manager, or designee, will inform the City Council of any decisions approving solicitations of outside funding. On a case -by -case basis, the City Manager may also choose to refer individual "Request to Apply for Federal, State, and Local Government Grants or Private Funds" to City Council for consideration., TJ -{ Deleted: /REVISED Deleted: Request tDeleted: to Apply for Federal, State, and Local Government Grants or Private Funds" fo fieleted: nn. Deleted: Request to Apply for Federal, State, and Local Government Grants or Private Funds" - { Deleted: . { Formatted: Not Highlight In the event that the grant requires matching funds from the City, and the value of those.-- --(Formatted: Bullets and Numbering matching funds exceeds the City Manager's signature authority, Council approval will be required at the time of (or prior to) acceptance of the,grant award. ---{Formatted: Not Highlight iv. For those proposals for outside funding which are allowed to go forward, the City- - Manager shall additionally determine at his/her discretion whether the grant or private funding request is best authored by City Staff or by other sources including professional outside grant writers engaged by the City Manager. If the decision is made to employ outside grant writers, a "Letter of Authorization" will be sent from the ,City Manager or designee to the outside grant writer so as to begin the grant application process. The City Manager shall approve all grant applications. Page 1 of 2 Formatted: Bullets and Numbering Deleted: City Manager's (or Upon notification by a federal, state, local government, or private funding source of a- - grant award or intent to fund, the City department responsible for administering the grant shall request a resolution approving the acceptance and appropriation of the funds be prepared and calendared for an upcoming City Council meeting. The request for resolution shall include documentation of the intent to fund as provided by the funding source. The City Council shall formally approve the acceptance of all grant and private funds. Related Policy References "Grant Application" and Grant Process Flowchart are available from Grant Coordinator Prior Policy Amendments None Page 2 of 2 Formatted: Bullets and Numbering Formatted: Font: Bold, Underline CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Donation of Surplus City Property and POLICY #115 Police Dept. Unclaimed Personal Property ADOPTED: June 17, 2003 AMENDED: Purpose To establish a policy for donating surplus City property, and Police Department unclaimed personal property to local, non-profit 501(c)(3) organizations, and/or other municipal agencies. Definitions • Municipal Agencies: public/government agencies, foreign or domestic • Local Non -Profit 501(c)(3) Organizations: As defined by the IRS: non-profit 501(c)(3) organizations "must be organized and operated exclusively for exempt purposes set forth in section 501(c)(3), and none of its earnings may inure to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates." Organizations are "commonly referred to as charitable organizations". ' :In order to be considered "local", the organization must have a physical address within the City limits, and a valid National City Business License. The organization must be able to show proof of `local' and `non-profit' 501(c)(3) status. • Surplus City Property: is defined by Municipal Code 2.42 as "supplies or equipment belonging to the City which are no longer used or which have become obsolete or worn out or which are otherwise of no further use." • Police Department Unclaimed Personal Property: is defined in Municipal Code Chapter 2.44 as "goods or chattels which are no longer possessed by their lawful owner and for which demand by right has not been asserted by such lawful owner." After a specified retention period, the Police Department may release items for distribution or disposal in accordance with Code. Page l of 3 13 TITLE: Donation of Surplus City Property and POLICY #115 Police Dept. Unclaimed Personal Property ADOPTED: June 17, 2003 AMENDED: • "Request for Donation" form: available from the City's Intranet or the Finance Department/Purchasing Division. This form provides documentation of the agency and donation, and includes a Release of Liability. Policy The City Council may authorize the donation of surplus City property, or Police Department unclaimed personal property, to municipal agencies or local, non-profit 501(c)(3) organizations as defined above, consistent with Municipal Code section 2.42.040 (B)(4). The City Council may also direct the City Manager to conduct a "donation event" (see below) in the event that multiple agencies are requesting the same items. Surplus City Property: Per Municipal Code Chapter 2.42, surplus City property must first be offered to all City Departments, before it can be disposed of in any way. Only items with a value of under $1000 may be donated. Police Department Unclaimed Personal Property: Per Municipal Code Chapter 2.44: "If after the expiration of the applicable retention period, the city manager or his/her authorized designee determines any unclaimed property in the possession of the police department is needed for public use, such property shall be retained by the city." Once it becomes City property, the City may dispose of it in accordance to Municipal Code. Liability Issues: To reduce liability, City forces will not be involved in the loading, distribution or delivery of donated items. The recipient must provide their own labor force, loading equipment and vehicles, and they must pick the item(s) up from wherever it is being stored. The recipient must submit a signed "Donation Request" Form which includes a Release of Liability. Gift of Public Funds: if the non-profit 501(c)(3) is a local organization, then assisting them will also assist the National City residents they serve, and the donation will benefit the community. Page 2 of 3 TITLE: Donation of Surplus City Property and POLICY #115 Police Dept. Unclaimed Personal Property ADOPTED: June 17, 2003 AMENDED: Procedures Municipal agencies and local, non-profit 501(c)(3) organizations may request donations by submitting the "Request for Donation" form to the Finance Department/Purchasing Division. The Purchasing Division will obtain City Council approval. The Finance Department/Purchasing Division will: • notify the City Council prior to sending anything to auction, to allow them the opportunity to consider donation instead • seek Council approval for all donation requests • develop a lottery system in the event that multiple agencies request the same item • coordinate the donation process and paperwork • provide details regarding the type of property that is available, upon request • upon approval by the City Council, make the property available to the requesting agency • verify local, non-profit 501(c)(3) status via physical proof, and website registries such as: www.guidestar.com - • confirm valid business license for local non-profit 501(c)(3) agencies • ensure completion of a "Request for Donation" form and signatures • document the donation • ensure that City property tags, and other sensitive City information (hard drives, etc) have been removed from the property • notify the Finance Department to remove applicable items from the City's Fixed Asset Inventory. Related Policy References Municipal Code Chapter 2.42 Municipal Code Chapter 2.44 IRS Code 501(c)(3) Donation Request Forms are available from the Purchasing Division of the Finance Department Prior Policy Amendments April 20, 2004 Page 3 of 3 TITLE: Donation of Surplus City Property and POLICY #115 Police Dept. Unclaimed Personal Property ADOPTED: June 17, 2003 AMENDED Purpose To establish a policy for donating surplus City property, and Police Department unclaimed personal property to local, non-profit 501(c)(3) organizations, and/or other municipal agencies. Definitions • Municipal Agencies: public/government agencies, foreign or domestic • Local Non -Profit 501(c)(3) Organizations: As defined by the IRS: non-profit 501(c)(3) organizations "must be organized and operated exclusively for exempt purposes set forth in section 501(c)(3), and none of its earnings may inure to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates." Organizations are "commonly referred to as charitable organizations". In order to be considered "local", the organization must have a physical address within the City limits, and a valid National City Business License. The organization must be able to showproof of `local' and `non-profit' 501(c)(3) status. • Surplus City Property: is defined by Municipal Code 2.42 as "supplies or equipment belong_ing to the City which are no longer used or which have become obsolete or worn out or which are otherwise of no further use." • Police Department Unclaimed Personal Property: is defimed in Municipal Code' Chapter 2.44 as "goods or chattels which are no longer possessed by their lawful owner and for which demand by right has not been asserted by such lawful owner." After a specified retention period, the Police Department may release items for distribution or disposal in accordance with Code. • "Request for Donation" form: available from the City's Intranet or the Finance Department/Purchasing Division. This form provides documentation of the agency and donation, and includes a Release of Liability. Page 1 of 3 {� Deleted: /REVISED: 4/20/04 - Deleted: C3' agencies J Formatted: Justified TITLE: Donation of Surplus City Property and POLICY #115 Police Dept. Unclaimed Personal Property ADOPTED: June 17, 2003 AMENDED: Policy The City Council may authorize the donation of surplus City property, or Police Department unclaimed personal property, to municipal agencies or local, non-profit 501(c)(3) organizations as defined above, consistent with Municipal Code section 2.42.040 (B)(4). The City Council may also direct the City Manager to conduct a "donation event" (see below) in the event that multiple agencies are requesting the same items. Surplus City Property: Per Municipal Code Chapter 2.42, surplus City property must first be offered to all City Departments, before it can be disposed of in any way. Only items with a value of under $1000 may be donated. Police Department Unclaimed Personal Property: Per Municipal Code Chapter 2.44: "If _ after the expiration of the applicable retention period, the city manager or his/her authorized designee determines any unclaimed property in the possession of the police department is needed for public use, such property shall be retained by the city." Once it becomes City property, the City may dispose of it in accordance to Municipal Code Liability Issues: To reduce liability, City forces will not be involved in the loading, distribution or delivery of donated items. The recipient must provide their own labor force, loading equipment and vehicles and they must pick the items up from wherever it is being stored. The recipient must submit a signed "Donation Request" Form which includes a. Release of Liability. Gift of Public Funds: if the non-profit 501(c)(3) is a local organization, then assisting _ them will also assist the National City residents _ they serve, and that the donation will benefit the community. Procedures Municipal agencies and local, non-profit 501(c)(3) organizations may request donations by submitting the "Request for Donation" form to the Finance Department/Purchasing Division. The Purchasing Division will obtain City Council approval. Page 2 of 3 Deleted: Agencies requesting donations must be local, non-profit, '501 C3' organizations, as defined on the 'Request for Donation' Fonn. The 'Request for Donation' forth provides legal definitions and release of liability.¶ Deleted: a legal determination has been 1 made that J - l Deleted: the citizens -- TITLE: Donation of Surplus City Property and POLICY #115 Police Dept. Unclaimed Personal Property ADOPTED: June 17, 2003 AMENDED: The Finance Department/Purchasing Division will: • notify the City Council prior to sending anything to auction, to allow them the opportunity to consider donation instead • seek Council approval for all donation requests • develo a lotte s stem in the event that multi lea encies re uest the same item • coordinate the donation process and paperwork • upon request will provide details regarding the type of property that is available • upon approval by the City Council, will make the property available to the requesting agency • verify local, non-profit 501(c)(3) status via physical proof, and website registries such as: www.guidestar.com • confirm valid business license for local non-profit 501(c)(3) agencies • ensure completion of a "Request for Donation" form and signatures • document the donation • ensure that City property tags, and other sensitive City information (hard drives, etc) have been removed from the property • notify the Finance Department to remove applicable items from the City's Fixed Asset Inventory. t Related Policy References Municipal Code 2.42 Municipal Code 2.44 Prior Policy Amendments April 20, 2004 Page 3 of 3 -I Deleted: Forms are available in the i Purchasing Department .. — Deleted: The Purchasing Department Wilk notify all local, non-profit '50I C3' I agencies by mail, when property is , available; coordinate dates/times; verify agency qualifications; coordinate and record the donation process; and contact the auctioneer to pick up remaining items, as described on the Request for Donation 1 Form under 'Internal Process'. Purchasing will provide a summary report to Council members and the City Manager after each donation process.¶ 1 Procedures outlined on the `Request for Donation' form may be subject to periodic review. 1 1 ' Deleted: None CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Procedure for Disclosure of Ex Parte Contacts POLICY #116 ADOPTED: February 6, 2007 AMENDED: Purpose To establish a procedure, applicable to the City Council ".and all City boards and commissions, for the disclosure of ex parte contacts, and to require such disclosure as a matter of City policy. Background An "ex parte" contact or communication occurs when, prior to considering a matter on a public meeting agenda, a member or members of the City Council, or one of the City's boards or commissions, receive information, oral, written, or otherwise pertaining to that matter outside the public meeting. In making certain types of decisions, typically dealing with an individual or an applicant for a permit, and applying rules or laws to a specific set of facts, the decision -making body is said to be acting in a "quasi-judicial" capacity, i.e., similarly to a court. Examples of quasi judicial proceedings are applications for conditional use permits and variances, and personnel disciplinary matters. In quasi-judicial proceedings, due ,process requires that the decision -maker be impartial and without bias. A personal interest orinvilvement in the outcome of such a matter or with any participants, which is unrelated to the merits, requires disqualification of the decision -maker. As examples, appellate courts have found impermissible bias on the part of city councilmembers in the following cases: Mennig v. City Council of the City of Culver City, (city council became personally embroiled in controversy over police chiefs termination); Clark v. City of Hermosa Beach, (court held that a councilmember's history of personal animosity to the applicants made him "not a disinterested, unbiased decision - maker"). Considerations of due process in quasi-judicial proceedings also require that the decision not be made based upon information received outside of the administrative hearing. This concept is often referred to as the prohibition against ex parte contacts. For example, in Safeway Stores v. City of Burlingame, the court held that opponents of a proposed parking district did not receive a fair hearing where members of a city council held conversations with affected property owners outside the hearing and made trips to the area for the express purpose of making determinations of disputed facts. Similarly, in Jeffrey v. City of Salinas, a councilman talked with property owners concerning the Page 1 of 2 TITLE: Procedure for Disclosure of Ex Parte Contacts POLICY #116 ADOPTED: February 6, 2007 AMENDED: advantages of a parking district and made a personal visit to the area. The court concluded that the councilman's vote should not be counted. Fortunately, in the event an ex parte contact occurs, disqualification of the official making the contact can be avoided and "cured" by disclosure of the contact at the time of the public hearing. (Jeffrey v. City of Salinas). Therefore, if an ex parte contact occurs, it is of the utmost importance that the contact be disclosed. Policy 1. Members of the City Council and of the City's boards and commissions shall keep a written record of all ex parte contacts, as that term is explained in this Policy. 2. At the time an agenda item is called, and prior to any discussion of the item, any member of the City Council or of a board or commission who has received an ex parte contact pertaining to that item shall disclose the occurrence of that ex parte contact on the public record. 3. City staff shall endeavor to inform all persons intending to appear before the City Council or any of the City's boards or commissions of this Policy. 4. Under no circumstances shall a person make ex parte contacts with a majority of the members of the City Council or of the City's boards or commissions in order to develop a consensus ` or a collective concurrence as to an item to be considered and/or acted upon by the City Council, board or commission. Such conduct is violative of the Ralph IVI. Brown Act. Related Policy References None Prior Policy Amendments None Page 2 of 2 8'6 TITLE: Procedure for Disclosure of Ex Parte Contacts POLICY #116 ADOPTED: February 6, 2007 AMENDED; Purpose, To establish a procedure, applicable to the City Council and all City boards and commissions, for the disclosure of ex parte contacts, and to require such disclosure as a matter of City policy. Background An "ex parte" contact or communication occurs when, prior to considering a matter on a public meeting agenda, a member or members of the City Council, or one of the City's boards or commissions, receive information, oral, written, or otherwise pertaining to that matter outside the public meeting. In making certain types of decisions, typically dealing with an individual or an applicant for a permit, and applying rules or laws to a specific set of facts, the decision -making body is said to be acting in a "quasi-judicial" capacity, i.e., similarly to a court. Examples of quasi-judicial proceedings are applications for conditional use permits and variances, and personnel disciplinary matters. In quasi-judicial proceedings, due process requires that the decision -maker be impartial and without bias. A personal interest or involvement in the outcome of such a matter or with any participants, which is unrelated to the merits, requires disqualification of the decision -maker. As examples, appellate courts have found impermissible bias on the part of city councilmembers in the following cases: Mennig v. City Council of the City of Culver City, (city council became personally embroiled in controversy over police chiefs termination); Clark v. City of Hermosa Beach, (court held that a councilmember's history of personal animosity to the applicants made him "not a disinterested, unbiased decision - maker"). Considerations of due process in quasi-judicial proceedings also require that the decision not be made based upon information received outside of the administrative hearing. This concept is often referred to as the prohibition against ex parte contacts. For example, in Safeway Stores v. City of Burlingame, the court held that opponents of a proposed parking district did not receive a fair hearing where members of a city council held conversations with affected property owners outside the hearing and made trips to the area for the express purpose of making determinations of disputed facts. Similarly, in Jeffrey v. City of Salinas, a councilman talked with property owners concerning the advantages of a parking district and made a personal visit to the area. The court concluded that the councilman's vote should not be counted. Fortunately, in the event an ex parte contact occurs, disqualification of the official making the contact can be avoided and "cured" by disclosure of the contact at the time of Page 1 of 2 I Deleted: /REVISED 1) the public hearing. (Jeffrey v. City of Salinas). Therefore, if an ex parte contact occurs, it is of the utmost importance that the contact be disclosed. Policy 1. Members of the City Council and of the City's boards and commissions shall keep a written record of all ex parte contacts, as that term is explained in this Policy. 2. At the time an agenda item is called, and prior to any discussion of the item, any member of the City Council or of a board or commission who has received an ex parte contact pertaining to that item shall disclose the occurrence of that ex parte contact on the public record. 3. City staff shall endeavor to inform all persons intending to appear before the City Council or any of the City's boards or commissions of this Policy. 4. Under no circumstances shall a person make ex parte contacts with a majority of the members of the City Council or of the City's boards or commissions in order to develop a consensus or a collective concurrence as to an item to be considered and/or acted upon by the City Council, board or commission. Such conduct is violative of the Ralph M. Brown Act. Related Policy References None Prior Policy Amendments None Page 2 of 2 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Distribution and Reporting of Tickets and POLICY #117 Passes Distributed to, or at the behest of, a City Official ADOPTED: April 19, 2011 AMENDED: Background The City strives to provide impartial and high quality services to its residents, businesses and visitors. The receipt by City officials of gifts or other items of value can be perceived as attempts to influence City operations and the City wishes to avoid any appearance of impropriety or. favoritism. Additionally, however, City official attendance at public events is necessary to achieve the goals of governance, both to promote the policies of the City and to maintain close contact with the residents and interests groups within the City. Purpose The purpose of this Policy is to ensure that tickets and passes provided to and distributed by the City to, or at the behest of, a City official are in furtherance of a governmental and/or public purpose as required under Section 18944.1 of Title 2, Division 6 of the California Code of Regulations. This policy is subject to al applicable California Fair Political Practices Commission (FPPC) regulations, as well as the Political Reform Act. Nothing in this Policyis intended to alter, amen a;"or otherwise affect the obligations of City officials under the Political Reform Act and its implementing regulations or the City of National City's Conflict of Interest Code. Organizations Affected The City of National City, the Community Development Commission of the City of National City (CDC), and the Successor Agency to the Community Development Commission as the National City Redevelopment Agency (SA). All references within this Policy to "City" shall also apply to the CDC and the SA. 1.0 References a. Title 2, Division 6 of the California Code of Regulations, Sections 181000, et seq. b. California Political Reform Act (Government Code Sections 81000, et seq.) and implementing regulations. (Title 2, Division 6 of the California Code of Regulations). • Page 1 of 7 8i TITLE: Distribution and Reporting of Tickets and POLICY #117 Passes Distributed to, or at the behest of, a City Official ADOPTED: April 19, 2011 AMENDED: c. National City Conflict of Interest Code. d. Government Code Section 82048 e. California Code of Regulations Sections 18944.1 and 18701. 2.0 Policy 3.0 2.1 This Policy applies to tickets and passes that provide admission to a facility, event, show, or performance for an entertainment, amusement, recreational, or similar purpose, and are: a. gratuitously provided to the Cityby an outside source; or b. acquired by the City by purchase; or c. acquired by the City pursuant to the terms of a contract for use of public property; ` or acquired by City because the City controls the event. 2.2 This Policy shall only apply to the City's distribution of tickets/asses to, or at the behest of, a City official. This Policy does not apply to any other item of value provided to the City or any City official, regardless -of whether received gratuitously or for which consideration is provided. This includes food, beverages or gifts provided to a City official at an event that is not included in the fair market value of the ticket. Definitions Unless otherwise expressly provided herein, words and terms used in the Policy shall have the same meaning as in the California Political Reform Act of 1974 (Government Code Sections 81000 et seq., as amended from time to time) and the related FPPC Regulations (Title 2, Division 6 of the California Code of Regulations, Sections 18100 et seq., as amended from time to time). 3.1 "City" or "City of National City" means and includes the City of National City, the Community Development Commission of the City of National City, the Successor Agency to the Community Page 2 of 7 t( TITLE: Distribution and Reporting of Tickets and POLICY #117 Passes Distributed to, or at the behest of, a City Official ADOPTED: April 19, 2011 AMENDED: Development Commission as the National City Redevelopment Agency (SA) and any other affiliated agency created or activated by the National City City Council, and any commission, committee, board or department thereof. 3.2 "City official" means every member, officer, employee, or consultant of the City of National City, as defined, in Government Code 82048 and FPPC Regulation 18701, who must file a Statement of Economic Interests. 3.3 "FPPC" means the California Fair Political Practices Commission. 3.4 "Immediate Family" means an individual's spouse and dependent children. 3.5 "Policy" means City Policy which governs the distribution, use and reporting of tickets and passes controlled by the City. 3.6 "Ticket" means any ticket or pass that grants admission privileges to a facility, event, show, or performance for an entertainment, amusement, recreations, or similar purpose. 4.0 General Provisions 4.1 No Right to Tickets: The distribution of Tickets pursuant to this Policy is a privilege extended by the City and not the right of any person to whOrn the privilege may from time to time be extended. 4.2 Limitation on Transfer of Tickets: Tickets distributed to a City official pursuant to this Policy shall not be transferred to any other person, except to members of the City official's immediate family solely for their personal use. 4.3 Prohibition Against Sale of or Receiving Reimbursement for Tickets: No person who receives a Ticket pursuant to this Policy shall sell, receive reimbursement for, or receive any other consideration in exchange for the Ticket. Page 3 of 7 J TITLE: Distribution and Reporting of Tickets and POLICY #117 Passes Distributed to, or at the behest of, a City Official ADOPTED: April 19, 2011 AMENDED: 4.4 Implementation of Policy: The City Manager in his/her sole discretion shall have the authority to determine whether the City should accept or decline Tickets offered to the City and to distribute Tickets as he/she deems appropriate, provided such action conforms with this Policy. 4.5 Designation of Agency Head: The City Manager shall be the "Agency Head" for purposes of implementing the provisions of this Policy. The City Manager shall promptly report all Tickets distributed pursuant to this Policy to the City Clerk, who shall be responsible for posting disclosure form(s) provided by the FPPC on the City's website in compliance with FPPC regulations and Section 6.2 of this Policy. 4.6 No Earmarking of Tickets: No Ticket gratuitously provided to the City by an outside source shall be earmarked by the original source for distribution to a particular City official., 4.7 Valuation of Tickets: The City Manager shall determine the face value of all Tickets distributed by the City pursuant to this Policy. 5.0 Distribution of Tickets. 5.1 The distribution of the Ticket(s) to, or at the behest of, a City official accomplishes a governmental and/or public purpose including, but not limited to, any of the following: a. The performance of a ceremonial role or function by a City official on behalf of the City at an event. b. The official duties of the City official require his or her attendance at the event. c. Promotion of intergovernmental relations and/or cooperation with other governmental agencies, including but not limited to, attendance at an event with or by elected or appointed public officials from other jurisdictions, their staff members and their guests. Page4of7 TITLE: Distribution and Reporting of Tickets and POLICY #117 Passes Distributed to, or at the behest of, a City Official ADOPTED: April 19, 2011 AMENDED: d. Promotion of City resources and/or facilities available to National City residents. e. Promotion of City initiated, sponsored or :supported community programs or events. f. Promoting, supporting and/or showing appreciation for programs or services rendered by charitable and non-profit organizations benefiting National City residents. g. Promotion of business activity, development, and/or redevelopment within the City. h. Promotion of City tourism. i. Increasing public awareness of the various recreational, cultural, and educational venues and facilities available to the public within the City., j. Attracting and/or rewarding volunteer public service. k. Encouraging or rewarding significant academic, athletic, or public service achievements by National City students, residents or businesses. Attracting and retaining City employees. m. Recognizing or rewarding meritorious service by City employees. n. Promoting enhanced City employee performance or morale. o. Recognizing contributions made to the City by City officials who are leaving the City's service. 5.2 When a City official treats the Ticket as income consistent with applicable state and federal income tax laws, the distribution of the Page 5 of 7 TITLE: Distribution and Reporting of Tickets and POLICY #117 Passes Distributed to, or at the behest of, a City Official ADOPTED: April 19, 2011 AMENDED: Ticket to that official shall be disclosed in accordance with Section 6.2 of this Policy. 6.0 Disclosure Requirements 6.1 This policy shall be permanently posted on the City's website in a prominent fashion. 6.2 Tickets distributed pursuant to this Policy shall be disclosed; on a form provided by the FPPC (Form 802), and posted on the City's website in a prominent fashion within thirty (30) days from the date Tickets are received by, or distributed at the behest of, a City official. Form 802 shall remain on the City's website for a minimum of two (2) years from the date of posting. The original Form 802 shall be retained in the Office of the City Clerk for a four (4) year period. The disclosure from shall include the following information: a. The name of the recipient, except that if the recipient is an organization other than the City, the City may post the name, address, description of the organization and number of ticket provided to the organization in lieu of posting the names of each recipient; A description of the event; d. The date of the event; The face value of the Ticket; e. The number of Tickets provided to each person. f. If the Ticket was distributed at the behest of a City official, the name of the City official who made the behest; and g. A description of the public purpose(s) furthered by the Ticket distribution or, alternatively, that the City official is treating the Ticket as income. Page6of7 TITLE: Distribution and Reporting of Tickets and POLICY #117 Passes Distributed to, or at the behest of, a City Official ADOPTED: April 19, 2011 AMENDED: 6.3 Tickets distributed by the City for which the City receives reimbursement from the City official shall not be subject to the disclosure provisions of Section 6.2 7.0 Exceptions 7.1 A Ticket to a non-profit fundraising dinner is generally treated as a gift to the individual under FPPC Regulation 18946.4. This Policy would not apply because the Ticket is not for admission to an event or facility "for an entertainment, amusement, recreational or similar purpose." The Ticket is reportable on the official's Statement of Economic Interests. 7.2 Where admission to a luncheon, dinner, or reception is not provided by a Ticket, but by invitation, this Policy does not apply. The value of the admission is reportable on the official's Statement of Economic Interests, unless the admission is provided by the City to the official who is attending the event as part of his/her official duties, in which case the admission is not reportable by the individual, but by the City under FPPC Regulation 18944.2. Related Policy References See Section 1.0 above Prior Policy Amendments none Page 7 of 7 TITLE: Distribution and Reporting of Tickets and POLICY #117 Passes Distributed to, or at the behest of, a City Official, ADOPTED: April 19, 2011 AMENDED/REVISED: Background The City strives to provide impartial and high quality services to its residents businesses and visitors. The receipt by City officials of gifts or other items of value can be perceived as attempts to influence City operations and the City wishes to avoid any appearance of impropriety or favoritism. Additionally, however City official attendance at public events is necessary to achieve the goals of governance, both to promote the policies of the City and to maintain close contact with the residents and interests groups within the City. purpose The purpose of this Policy is to ensure that tickets and passes provided to and distributed by the City to, or at the behest of, a City official are in furtherance of a governmental and/or public purpose as required under Section 18944.1 of Title 2, Division 6 of the California Code of Regulations. 1,0 This policy is subject to all applicable California Fair Political Practices Commission (FPPC) regulations, as well as the Political Reform Act. Nothing in this Policy is intended to alter, amend, or otherwise affect the obligations of City officials under the Political Reform Act and its implementing regulations or the City of National City's Conflict of Interest Code. Organizations Affected The City of National City, the Community Development Commission of the City of National City (CDC), and the Successor Agency to the Community Development Commission as the National City Redevelopment Agency (SA)All references within this Policy to "City" shall also apply to the CDC and the SA. References a. Title 2, Division 6 of the Califomia Code of Regulations, Sections 181000, et seq. b. Califomia Political Reform Act (Government Code Sections 81000, et seq.) and implementing regulations. (Title 2, Division 6 of the Califomia Code of Regulations). Page 1 of 6 { Formatted: Font color: Red Deleted: Distributed by the Council to City Officials (can we delete?) Formatted: Font color: Red Deleted: 1.0 Deleted: 2.0 {Deleted: and { Deleted: . •-- ---'{ Formatted: Indent: Left: 0" Deleted:3 J 9 c. National City Conflict of Interest Code. d. Government Code Section 82048 e. California Code of Regulations Sections 18944.1 and 18701. 1Z,0 Policy 2,1 This Policy applies to tickets and passes that provide admission to a --- facility, event, show, or performance for an entertainment, amusement, recreational, or similar purpose, and are: a. gratuitously provided to the City by an outside source; or b. acquired by the City by purchase; or c. acquired by the City pursuant to the terms of a contract for use of public property; or acquired by City because the City controls the event. 42 This Policy shall only apply to the City's distribution of tickets/passes to, or at the behest of, a City official. This Policy does not apply to any other item of value provided to the City or any City official, regardless of whether received gratuitously or for which consideration is provided. This includes food, beverages or gifts provided to a City official at an event that is not included in the fair market value of the ticket. 30 Definitions Unless otherwise expressly provided herein, words and terms used in the Policy shall have the same meaning as in the California Political Reform Act of 1974 (Govemment Code Sections 81000 et seq., as amended from time to time) and the related FPPC Regulations (Title 2, Division 6 of the California Code of Regulations, Sections 18100 et seq., as amended from time to time). 41 "City" or "City of National City" means and includes the City of National City, the Community Development Commission of the City of National City, the Successor Agency to the Community Development Commission as the National City Redevelopment Agency (SA1 and any other affiliated agency created or activated by the National City City Council, and any commission, committee, board or department thereof. Page 2 of 6 {-Deleted: 4 1 Deleted: 4 { Formatted: Indent: Left: 1" Formatted: Bullets and Numbering Formatted: Indent: Left: 1", Hanging: 0.25', No bullets or numbering ..--{ Deleted: 4 { Deleted: 5 { Deleted: 5 J 12 "City official" means every member, officer, employee, or consultant of the City of National City, as defined in Government Code 82048 and FPPC Regulation 18701, who must file a Statement of Economic Interests. 343 "FPPC" means the California Fair Political Practices Commission. 3.,4 `immediate Family" means an individual's spouse and dependent children. 3x5 "Policy" means City Policy which governs the distribution, use and reporting of tickets and passes controlled by the City. 16 "Ticket" means any ticket or pass that grants admission privileges to a facility, event, show, or performance for an entertainment, amusement, recreations, or similar purpose. 10 General Provisions No Right to Tickets: The distribution of Tickets pursuant to this Policy is a privilege extended by the City and not the right of any person to whom the privilege may from time to time be extended. 12 Limitation on Transfer of Tickets: Tickets distributed to a City official pursuant to this Policy shall not be transferred to any other person, except to members of the City official's immediate family solely for their personal use. 13 Prohibition Against Sale of or Receiving Reimbursement for Tickets: No person who receives a Ticket pursuant to this Policy shall sell, receive reimbursement for, or receive any other consideration in exchange for the Ticket. 44,4 Implementation of Policy: The City Manager in his/her sole discretion shall have the authority to determine whether the City should accept or decline Tickets offered to the City and to distribute Tickets as he/she deems appropriate, provided such action conforms with this Policy. 15 Designation of Agency Head: The City Manager shall be the "Agency Head" for purposes of implementing the provisions of this Policy. The City Manager shall promptly report all Tickets distributed pursuant to this Policy to the City Clerk, who shall be responsible for posting disclosure form(s) provided by the FPPC on Page 3 of 6 ---{ Deleted: 5 1 { Deleted: 5 Deleted: 5 1 { Deleted: 5 Deleted: 5 { Deleted: 6 -' Deleted: 6 { Deleted: 6 Deleted: 6 Deleted: 6 1 Deleted: 6 the City's website in compliance with FPPC regulations and Section 6 2 of this Policy. 416 No Earmarking of Tickets: No Ticket gratuitously provided to the City by an outside source shall be earmarked by the original source for distribution to a particular City official. 17 Valuation of Tickets: The City Manager shall determine the face value of all Tickets distributed by the City pursuant to this Policy. 5,0 Distribution of Tickets 5.1 The distribution of the Ticket(s) to, or at the behest of, a City pfficial accomplishes a governmental and/or public purpose including, but not limited to, any of the following: a. The performance of a ceremonial role or function by a City official on behalf of the City at an event. b. The official duties of the City official require his or her attendance at the event. c. Promotion of intergovernmental relations and/or cooperation with other governmental agencies, including but not limited to, attendance at an event with or by elected or appointed public officials from other jurisdictions, their staff members and their guests. d. Promotion of City resources and/or facilities available to National City residents. e. Promotion of City initiated, sponsored or supported community programs or events. f. Promoting, supporting and/or showing appreciation for programs or services rendered by charitable and non-profit organizations benefiting National City residents. g• Promotion of business activity, development, and/or redevelopment within the City. h. Promotion of City tourism. Page 4 of 6 Deleted: 8 -{ Deleted: 6 Deleted: 6 J { Deleted: 7 Formatted: Indent: Left: 0.5", Hanging: 0,42", Space After: 0 pt Deleted: lL3 i. Increasing public awareness of the various recreational, cultural, and educational venues and facilities available to the public within the City. j. Attracting and/or rewarding volunteer public service. k. Encouraging or rewarding significant academic, athletic, or public service achievements by National City students, residents or businesses. 1. Attracting and retaining City employees. m. Recognizing or rewarding meritorious service by City employees. n. Promoting enhanced City employee performance or morale. o. Recognizing contributions made to the City by City officials who are leaving the City's service. 5�2 When a City official treats the Ticket as income consistent with applicable state and federal income tax laws, the distribution of the Ticket to that official shall be disclosed in accordance with Section 42 of this Policy. Disclosure Requirements 41 This policy shall be permanently posted on the City's website in a prominent fashion. 2 Tickets distributed pursuant to this Policy shall be disclosed on a form provided by the FPPC (Form 802), and posted on the City's website in a prominent fashion within thirty (30) days from the date Tickets are received by, or distributed at the behest of, a City official. Form 802 shall remain on the City's website for a minimum of two (2) years from the date of posting. The original Form 802 shall be retained in the Office of the City Clerk for a four (4) year period. The disclosure from shall include the following information: a. The name of the recipient, except that if the recipient is an organization other than the City, the City may post the name, address, description of the organization and number of ticket provided to the organization in lieu of posting the names of each recipient; b. A description of the event; Page 5 of 6 Deleted: 7 Deleted: 8 , { Deleted: 8 Deleted: 8 {Deleted: 8 y c. The date of the event; d. The face value of the Ticket; e. The number of Tickets provided to each person. f. If the Ticket was distributed at the behest of a City official, the name of the City official who made the behest; and g. A description of the public purpose(s) furthered by the Ticket distribution or, altematively, that the City official is treating the Ticket as income. 43 Tickets distributed by the City for which the City receives reimbursement from the City official shall not be subject to the disclosure provisions of Section 42 Exceptions 7t1 7 A Ticket to a non-profit fundraising dinner is generally treated as a gift to the individual under FPPC Regulation 18946.4. This Policy would not apply because the Ticket is not for admission to an event or facility "for an entertainment, amusement, recreational or similar purpose." The Ticket is reportable on the official's Statement of Economic Interests. Where admission to a luncheon dinner, or reception is not provided by a Ticket, but by invitation, this Policy does not apply. The value of the admission is reportable on the official's Statement of Economic Interests, unless the admission is provided by the City to the official who is attending the event as part of his/her official duties, in which case the admission is not reportable by the individual, but by the City under FPPC Regulation 18944.2. Related Policy References See Section 1,0 above )Prior Policy Amendments none Page 6 of 6 { Deleted: 8 - i Deleted: 8 Deleted: 9 -{ Deleted: 9 { Deleted: 9 Deleted: 3 ------{ Formatted: Font: Bold, Underline j CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2013 AGENDA ITEM NO.19 ITEM TITLE: DISCUSSION: Draft resolution supporting a reasonable and humane approach to reforming the currently broken immigration system PREPARED BY: Leslie Deese — ext. 4242 EXPLANATION: DEPARTMENT: City Manager Claudia Gacitua Silva — ext. 4222 City Attorney APPROVED BY: APPROVED BY: This item was placed on the agenda at the request of the City Council to discuss the a ached draft resolution. If the City council seeks to adopt this resolution, then staff can be directed to place the resolution for adoption on the next agenda. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Provide direction to staff BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Draft resolution "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING A REASONABLE AND HUMANE APPROACH TO REFORMING THE CURRENTLY BROKEN IMMIGRATION SYSTEM" WHEREAS, immigration reform is an urgent federal responsibility, and must occur in a comprehensive, thoughtful manner guided by our nation's values of due process, civil and human rights; and WHEREAS, civil and human rights are deeply rooted in the f c of democratic and principled societies, and must be instilled in all elements of our enfor ei elit apparatus to ensure every individual's dignity and humanity is upheld, recognizedected; and WHEREAS, the consequences of unbalanced immigration enforcement has caused fear in immigrantand refugee communities within the V of National City; d an untold number of families residing in the City have faced separatlr resulting from immirjon raids, and some children have lost a parent due to unchecked bord agent b tality and WHEREAS, that it is not practical to deport the 11 mil ion undocumented immigrants living within our borders, and that this count sltould provide a reasonable pathway to citizenship that is not conditioned upon shortsighted bolder enfo ement strafe tes that add extra obstacles and burdens to full reform, WHEREAS, the City of. National City recognizes of all families to stay together, regar, less of in orientation, gender identity' Viand t '` . de same:Pi based channelsfor<rnigratio e d WYA�� 't WHEREV, S, the City of a onal . labor rig t pr current and WHEREAS, trust between i and increasing transp enforcement; and at imnv'on reform must protect the rights ation status, family structure, sexual ,couples, and provide sufficient family- ecognizes that immigration reform must protect basic pnt and refugees; and ity maintains that immigration reform must seek to restore fee communities and Local police by reducing racial profiling ountability for the involvement of authorities in local law WHEREAS, the City of National City is a diverse city where over 43% of its residents are foreign born and over 73% speak a language other than English in their home, and who work, own homes, operate businesses and contribute to the economic, social, and cultural well-being of the City; and WHEREAS, the City of National City shares significant economic, social and cultural ties with Mexico; and WHEREAS, in addition to the cultural and social riches our nation receives through our border, our ports of entry drive regional and national economic development approaching $500 billion in trade and one in 24 jobs in the United States; and WHEREAS, the City of National City supports added investment in infrastructure of ports -of - entry in order to keep up with the pace of the expansion of bilateral trade and the population growth of the border region; and NOW THEREFORE, BE IT RESOLVED, that the City Counoii c„f the City of National City supports a reasonable and humane approach to reforming th%jrrently broken immigration system that is in the best interest of this country. CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2013 AGENDA ITEM NO. 20 ITEM TITLE: PUBLIC HEARING: Community Development Commission - Housing Authority of the City of National City approving the Public Housing Agency Plan (PHA) for Fiscal Year 2013, and the Section 8 Administrative Plan for Fiscal Year 2013; and authorizing the submittal of the PHA Plan and the Administrative Plan to the U.S. Department of Housing and Urban Development. PREPARED BY: Hermi Oliveria PHONE: Housing Programs Manager (619) 336-4259 EXPLANATION: See attached report. DEPARTMENT: Housing & Grants04/ APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. There will be no fiscal impact as a result of this action. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: Conduct the Public Hearing; and Public Notification: A Public Hearing Notice was published in the San Diego Union Tribune as legally required. BOARD / COMMISSION RECOMMENDATION: Not applicable ATTACHMENTS: 1. Notice of Public Hearing 2. Proof of Publication NOTICE OF PUBLIC HEARING Community Development Commission, Housing Authority of the City of National City Section 8 Rental Assistance Program Public Housing Agency Plan Annual Plan for Fiscal Year 2013 Section 8 Administrative Plan NOTICE IS HEREBY GIVEN that the Board of Commissioners of the CDC, Housing Authority of the City of National City, Section 8 Rental Assistance Program will hold a public hearing on April 2, 2013, at 6:00 p.m., in the National City Council Chambers located at 1243 National City Boulevard, National City, California. Public testimony can be heard on the proposed Public Housing Agency Annual Plan for Fiscal Year 2013, and Section 8 Administrative Plan. On or about February 17, 2013, the referenced plans and policies will be released for a 45-day public review and comment period. The Public Housing Agency (PHA) Plan is a comprehensive guide to a public housing agency's policies, programs, operations, and strategies for meeting local housing needs and goals. There are two parts to the PHA Plan; the Five -Year Plan, which each PHA submits to the U.S. Department of Housing and Urban Development (HUD) once every fifth PHA fiscal year; and, the Annual Plan which is submitted to HUD every year. The Section 8 Administrative Plan is the governing document for the Housing Authority's administration of its Section 8 program. The referenced documents and supporting documents will be available for public review after February 17, 2013 at the following locations: CDC, Housing Authority of the City Of National City Section 8 Rental Assistance Program 140 E. 12th Street, Suite B National City CA 91950 City of National City - City Hall City Clerk 1243 National City Blvd National City CA 91950 City of National City Main Library 1401 National City Blvd National City CA 91950 Written comments may be submitted prior to the public hearing and during the 45-day comment period ending on or about April 2, 2013, to: CDC, Housing Authority of the City of National City Section 8 Rental Assistance Program Attn: Hermi Oliveria 140 E. 12th Street, Suite B National City CA 91950-3312 Phone: (619) 336-4254 Fax: (619) 477-3747 DATED: February 14, 2013 Leslie Deese Executive Director Date of Publication: February 17, 2013 UT San 'Diego P.O. Box 120191, San Diego, CA 92112-0191 AFFIDAVIT OF PUBLICATION CITY OF NATIONAL CITY COMM.DEV.COMM,SECO-SRENT ASST 140 E 12TH STREET #B ATTN: SONIA CARABANTES NATIONAL CITY, CA 91950 STATE OF CALIFORNIA) ss. County of San Diego) The Undersigned, declares under penalty of perjury under the laws of the State of California: That she is a resident of the County of San Diego. That she isand atall times herein mentioned was a citizen of the United States, over the age of twenty-one years, and that she is not a party to, nor interested in the above entitled matter; that she is Chief Clerk for the publisher of .T)ae San Diego Union -Tribune a newspaper of general circulation , printed and published daily in the City of San Diego, County of San Diego, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all the times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of San Diego, County of San Diego, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to, and which newspaper is not devoted to nor published for the interests, entertainment or instruction of a particular class, profession, trade, calling, race, or denomination, or any number of same; that the notice of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit: Feb 17, 2013 ae Chief Clerk for the Publisher zr( -/(3 Date Affidavit of Publication of Legal Advertisement Ad it 0010717755# ORDERED BY: SONIA CARAVANTES NO= OP PUBLIC IWA 1NO Community Development Commission, Housing Authority of the City of Naa an} al Cl1y Section 8 Rental Assistance Program Public Housing Agency Pion Annual Plan for Fiscal Year 2013 Section 8 Administrative Plan NOTICE IS HEREBY GIVEN that the Board of Commissioners of the CDC, Housing Authority of the City of National City, Section 0 Rental As- sistance Program will hold a public hearing en April 2, 2013, at 6:00 P.m., in the National City Council Chambers located at 1243 No- tional City Boule- vard, National. City; California. - Public testimony can be heard on the pro- posed Public Hous- ing Agency Annual Plan for Fiscal Year 2013, and Section 8 Administrative Plan. On or about February 17, 2013, the referenced pleas and policies will be released for a 45-day public review and comment period. The Public Hous- ing Agency (PHA) Plan is a compre- hensive guide to a public housing agen- cys policies. pro- grams, operations, and strategies for meeting local hous- ing needs and goals. There are two parts to the PHA Pion, the Five -Year Piarb which each PHA. submits to the U.S. Department of Hous- ing and Urban De- velopment (HUD) once every flesh PHA fiscal year: and, the Araalol Plan which is submitted to HUD every year. The Section 8 AdmIni9- trative Plan is the governing document for the Housing Au- thority's administra- tion of its Section 8 program. The referenced documents and sup- porting documents will be available for public review after February 17, 20)3 at the following loca- tions: CDC. Housing Au- thority of the City Of National City Section 8 Rental As- sistance Program 1!D E. 12th Street Suite B National City CA 91City of National CitY -City Hail CHyy Clerk 1243 National CIty Blvd N91otional City CA City of Notional City Moan Library 1401 National City Blvd Notional City CA 91950 Written comments may be submitted Prior to the public hearing and during the 45-day comment period ending on or about April 2. 2013, to; C DC, Housing Au- thority of the City of National Clty Section 8 Rental As- sistance Program Attn: Hermi Oliveria 140 E. 121h Street, Suite B National City CA 91950-3312 Phone: 619) 316-4254 Fax: 1619) „77-3747 DATED: February 13, 2013 Leslie Deese Executive Director Date of Publication: February 17.2013 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT IEETING DATE: April 2, 2013 AGENDA ITEM NO.21 ITEM TITLE: Resolution of the Community Development Commission - Housing Authority of the City of National City approving the revisions to the Section 8 Administrative Plan, and authorizing submittal of the Plan to the U.S. Department of Housing and Urban Development PREPARED BY: IHermi Oliveria Housing Programs Manager PHONE: (619) 336-4259', EXPLANATION: See attached report DEPARTMENT: ', Housing & Grants4 APPROVED BY. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. There will be no fiscal impact as a result APPROVED: MIS of this action. !ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Adopt the resolution! BOARD / COMMISSION RECOMMENDATION: !HCDC committee approved on March , 2013 ATTACHMENTS: 1. Background report 2. Resolution 3. Section 8 Administrative Plan was distributed via e-mail in pdf format to Council on February 18, 2013, and is available on www.nationalcityca.00v and at: City Clerk's Office, National City Library and the Section 8 Rental Assistance Division office.' RESOLUTION NO. 2013 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY APPROVING THE REVISIONS TO THE SECTION 8 ADMINISTRATIVE PLAN, AND AUTHORIZING SUBMITTAL OF THE PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, on October 21, 1998, the U.S. Congress enacted Public Law 105- 276, known as the Quality Housing and Work Responsibility Act ("QHWRA") notifying housing authorities to adopt and amend an Administrative Plan, including local policies for admissions and continued participation in accordance with the new Department of Housing and Urban Development ("HUD") requirements; and, WHEREAS, the Community Development Commission — Housing Authority of the City of National City, Section 8 Rental Assistance Division's staff has developed, revised and reviewed said Administrative Plan for any significant amendments or modifications, and posted the Administrative Plan with the changes on the City's website, and made available at the City Clerk's Office, National City Public Library, and Section 8 Office. NOW THEREFORE BE IT RESOLVED that the Community Development Commission — Housing Authority of the City of National City hereby approves the revision of the Section 8 Administrative Plan, as set forth in that document dated April 2, 2013, and authorizes the submittal of said Plan to the U.S. Department of Housing and Urban Development. Said Plan is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of April, 2013. Ron Morrison, Chairman ATTEST: Leslie Deese, Secretary APPROVED AS TO FORM: Claudia Gacitua Silva General Counsel Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 2, 2013 Background: The Section 8 Rental Assistance Program was enacted as part of the Housing and Community Development Act of 1974, which re -codified the U.S. Housing Act of 1937. The Act has been amended from time to time, most recently on October 21, 1998, with the passage of the Quality Housing and Work Responsibility Act (QHWRA.) The requirements of the Housing Act(s), as they apply to the Section 8 Tenant -Based Assistance Program and the Housing Choice Voucher Program, are described in and implemented through the Administrative Plan. Administration of the Section 8 Program and the functions and responsibilities of the Housing Department staff shall be in compliance with the Housing Department's Personnel Policy and the U.S. Department of Housing and Urban Development's (HUD) Section 8 Regulations as well as all Federal, State and local Fair Housing laws and regulations. The Housing Department will comply with any and all subsequent regulatory and statutory program changes. The Administrative Plan is set forth to define the Housing Department's local policies for operation of the housing programs in the context of Federal laws and regulations. All issues related to Section 8 not addressed in this document are governed by such Federal regulations, HUD memos, notices and guidelines or other applicable law. The revisions to the current Administrative Plan will update the policies in accordance with the most recent published QHWRA requirements. CHAPTER 2 PAGE 2 —1 PAGE 2 — 2 ADD OR REMOVE LANGUAGE LOCAL PREFERENCES [24 CFR 5 Subpart F] CATEGORY 1 (highest weight) Applicants who LIVE OR WORK or has been hired to work in the jurisdiction of the CDC SECTION 8 RENTAL ASSISTANCE DIVISION (for a minimum of 20 hours per week) and is at least one of the following: CATEGORY 2 (2"d highest weight) All other applicants who LIVE OR WORK or has been hired to 1 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 2, 2013 PAGE 2 — 7 work (for a minimum of 20 hours per week) in the jurisdiction of the CDC SECTION 8 RENTAL ASSISTANCE DIVISION POINT IN TIME THAT FAMILY MUST BE ELIGIBLE FOR PROCESSING SCENARIO NUMBER FIVE The family's income increases after it was issued a voucher. The CDC will process, the income increase, in accordance with the CDC-ftelisy, may not be-presessed until thc family's next a„nual reexamination after with the family's initial leases up into an assisted unit. CHAPTER 3 PAGE 3 - 8 PAGE3-8 CRIMINAL ACTIVITY Applicants will be denied assistance and not admitted to the program: ADD OR REMOVE TO BULLETS: (2nd Bullet) • If any member of the family has been evicted from federally assisted housing for serious violations of the lease, or for drug related criminal activities for personal use, within the past three 1 years prior to the current eligibility interview [982.552(b)]. (4th Bullet) • If any member has been convicted of production or manufacture of methamphetamine on federally assisted property (lifetime exclusion from program) [982.552(b)]. (7th Bullet) • If, as a past Section 8 program participant, any member violated an important family obligation, egal tho ou - _eligibility --interview The CDC —may —make —an exception, if tho family member who violated thc family which resulted into Fraud, monies owed and has an unpaid balance. However, exception can be made if balance has been paid in full. 2 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 2, 2013 PAGE 3 — 9 PAGE 3-14 ADMISSION AND PARTICIPATION ELIGIBILITY FACTORS [24 CFR 982.551, 982.552, 982.553] REMOVE LANGUAGE Applicants or participants involved in the personal use of illegal drugs are prohibited from the program for one year from the later of either the act or the conviction, unless documentation is provided of successful rehabilitation. Those evicted frem federally assisted housing for personal drug ucc arc ineligible for accictaraee of assistance. VERIFICATION OF THE SSN: The PHA shall verify each disclosed SSN by: ADD OR REMOVE TO BULLETS: 2. Making Retaining a copy of the original documentation submitted, returning it to the original to the individual, and retaining the copy in the file folder; and CHAPTER 4 PAGE4-3 MANDATED USE OF HUD'S ENTERPRISE INCOME VERIFICATION (EIV) SYSTEM (24 CFR 5.233) ADD OR REMOVE TO BULLETS: o After the CDC has obtained acceptable documentation of an individual's SSN, the CDC make will keep a copy of it for the tenant file, record the SSN on Tine 3 of form HUD- 50058, and transmit the form to HUD in a timely manner, preferably within 30 days. o The CDC may retain EIV reports in tenant files "for the duration of tenancy" and up to three years after program participation ends plus seven five (four + one) years under local City policy. 3 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 2, 2013 PAGE4-7 PAGE4-8 PAGE4-8 ADD OR REMOVE LANGUAGE: DOCUMENTS ACCEPTED AS VERIFICATION SELF-CERTIFICATION/SELF-DECLARATION A notarized self -certification means: a family must provide a signed and dated affidavit/certification/ statement under penalty of perjury in the presence of a notary public. FAILING TO DISCLOSE AND VERIFY SSN AND EIN [24 CFR 5.218] CRIMINAL RECORDS The CDC verifies the criminal history of all adults at the time of program admission, adults admitted to the assisted household, including live-in aides if applicable, adult family members who port into the jurisdiction of the CDC, all adult family members transferring to another assisted unit and may will verify the criminal history of all adult program participants on a regular basis. The verification is conducted by researching criminal history, including status of a family member subject to a sex offender registration requirement of a state sex offender registration program. COMPUTER MATCHING The purpose of this part is to require all Public Housing Agencies (PHAs), including Moving -to -Work (MTW) PHAs, that operate Public Housing, Indian Housing, or Section 8 Rental Certificate, Housing Choice Voucher (HCV), Rental Voucher, and Moderate Rehabilitation programs to electronically submit certain data to HUD for those programs. These electronically submitted data are required for HUD forms: HUD-50058, including the Family Self -Sufficiency (FSS) Addendum. Applicable program entities must retain at a minimum of 3 years of the form HUD-50058, and supporting documentation, during the term of each assisted lease, and for a period of at least 3 years from the end of participation (EOP) date, to support billings to HUD and to permit an effective audit. Electronic 4 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 2, 2013 PAGE4-8 PAGE 4 - 14 PAGE 4 —14 PAGE 4 - 14 PAGE 4 —14 retention of form HUD-50058 and HUD-50058-FSS and supporting documentation fulfills the record retention requirement under this section. VERIFICATION OF WAITING LIST PREFERENCES [24 CFR 982.207] RESIDENCY PREFERENCE: • Families who claim to work in the jurisdiction of the CDC must provide copy of paycheck stubs that indicate the location of the place of employment or third party verification that indicates the place of employment with a minimum of 20 hours per week and is equivalent to minimum wage. FAMILIES WITH DEPENDANT CHILDREN PREFERENCE: To be eligible for this preference, the family must provide documentation that there are dependant children in the household El -ant In most instances, self -certification is acceptable, unless there is reasonable doubt, in which case the CDC will ask for further documentation of the placement of the children. This documentation of residence of the children may include: VETERANS PREFERENCE: This preference is available to current members of the U.S. military armed forces, veterans, or surviving spouses (widow) of veterans. DISABILITY PREFERENCE: This preference is available to families with a head of household or spouse who is a person with disabilities as defined by HUD. 5 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 2, 2013 PAGE 4 —15 PAGE4-20 PAGE 4 — 22 PAGE 4 — 24 PAGE 4 — 24 HOMELESS APPLICANT PREFERENCE: An applicant is considered homeless if the applicant Tacks a fixed, regular and adequate nighttime residence and can provide verification that their nighttime residence is: ACCEPTABLE DOCUMENTS OF ELIGIBLE IMMIGRATION If the CDC determines that a family member has know' qlv in tho family's unit, the family's aceictanco bo permanently will terminated for 24 meathc, unless tthe—family'c assistance was DISCLOSURE AND VERIFICATION OF SOCIAL SECURITY NUMBERS AND EMPLOYER IDENTIFICATION NUMBERS (24 CFR 5.216, 5.218) March 30, 2009, and advised to disclose and the SSNs verify of all household members their "next interim or regularl,a„y—scheduled ,at ". The rule allows no exceptions for household members who have not been assigned an SSN. Under the rule, assistance to any participant who does not disclose a valid SSN must be terminated. ANNUAL INCOME INCLUDES, but is not limited to: • CalFresh — EBT card program; o For Section 8 programs in light of the so-called student rule, specifically only and as in 24 CFR 5.642-09(b)(9):; providod ar�yi finannial a s ce in avows of amounts received for „T,a,-�,��ssi�tar�., ,,, ���ow�o, �,,,w„T�-,�,.�-.� Act of 1965 (20 U.S.C. 1001 from et seq.), private sources, or Highcr Education Act 1065 (20 U.S.C. 1002)), be of shall assistance doccribod in this is not considered paragraph 6 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 2, 2013 PAGE 4 — 24 PAGE 4 — 26 PAGE 4 — 28 PAGE4-31 children. For purposes of this paragraph, "financial Amounts of scholarships funded under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070), including awards under federal work-study programs or under the Bureau of Indian Affairs student assistance programs (20 U.S.C. 1087uu). For section 8 programs only (42 U.S.C. 1437f), any financial assistance in excess of amounts received by an individual for tuition and any other required fees and charges under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or an institution of higher education (as defined under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall not be considered income to that individual if that individual is over the age of 23 with dependent children (Pub. L. 109-115, section 327) (as amended) When applying this part of the student rule, include in annual income only the portion of student financial assistance that exceeds tuition plus "any other required fees and charges." ANNUAL INCOME DOES NOT INCLUDE THE FOLLOWING: Other acceptable methods of verification include: bcncfitc CHILD CARE BUSINESS All self -certified statements must be notarized (i.e., income from self-employment). 7 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 2, 2013 CHAPTER 5 PAGE5-3 PAGE 5-6 PAGE 5 - 6 VOUCHER ISSUANCE DETERMINATION FOR SPLIT HOUSEHOLDS [24 CFR 982.54 (d)(11), 982.315] • Whether family members are forced to leave the unit as a result of domestic violence was involved in the breakup or threatened physical violence against family members by a spouse or other member of the household. • Which The composition of the new f ily u.,itc and wh' h unit seetains has custody of dependent minor children or of ill, elderly or disabled family members? • Recommendations of social service professionals • Which family member was the head of household when the voucher was initially issued, as indicated on the initial application • Which family members are remaining in the assisted unit. • Other factors specified by the PHA. CHANGES IN VOUCHER SIZE If a family member leaves the household, the voucher size will be reviewed and may be reduced at the next family recertification, or as e 60 calendar days thereafter. The family must receive at least 60 calendar -days advance notification of a reduction issuance of appropriate voucher size. DETERMINATION OF HOUSEHOLD STATUS AND FAMILY COMPOSITION [24 CFR 982.201] Other than birth, adoption, or court awarded custody, any other may not be considered remaining members of tenant family. UNRESTRICTED ADMISSIONS Additions through birth, adoption, court -awarded custody and the return of disabled or minor children to the household do not require prior approval, but the family is still required to report these additions in writing within 10 days of the change, and these additions are still subject to family eligibility requirements, such as criminal history 8 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 2, 2013 PAGE 5 — 6 PAGE5-7 prohibitions. In addition, the voucher size is not increased due to these additions until the family is overcrowded. If the family must transfer, the CDC will only increase the voucher size if the family is overcrowded and only to the extent the family is no longer overcrowded and pays the difference. PARTIALLY RESTRICTED ADMISSIONS The addition of a live-in aide is allowed with prior CDC approval. Live-in aides may not be added if the family will be overcrowded, but the family may transfer to accommodate the live-in aide. Also, the voucher size well may or may not be increased if there are sleeping areas available to other family members that if utilized would free a separate bedroom for the live-in aide. THE FOLLOWING ARE ON CHART — 3RD COLUMN: CRITERIA TO ALLOW ADMISSION? If found to have engaged in prohibited activities, the family must take action to exclude from the household. Need Landlord pre - approval. ******.********************************* If found to have engaged in prohibited activities, the family must take action to exclude from the household. Need landlord approval Must either be currently employed and have a work history of at least a minimum of 32 hours per week for the last 12 months (work equal to minimum wage) or must have another permanent source of income (SSA/SSI, Pension, Retirement; not temporary like UIB or TANF); No prohibited activities, including criminal history; Landlord must approve in writing in advance; May not be added if family will be overcrowded; ************************************************** THE FOLLOWING ARE ON CHART - 3RD COLUMN: CRITERIA TO ALLOW ADMISSION? No prohibited activities, including criminal history; 9 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 2, 2013 PAGE 5 — 7 PAGE 5 — 8 PAGE 5 — 11 Landlord must approve in writing in advance; May not be added if unit will be overcrowded but family may transfer to add permanent foster children. Need preapproval from CDC. Foster children are not eligible for remaining member status. No prohibited activities, including criminal history; Landlord must approve in writing in advance; May not be added if unit will be overcrowded but family may transfer to add; May not be added if they may negatively impact the family. Need preapproval from CDC A live-in attendant is not eligible for remaining member status. **************************************************** QUALIFYING FAMILY UNITS A child who is temporarily away from home because of temporary placement in foster care is considered a member of the family for a maximum of six months. REMAINING MEMBER OF THE FAMILY [24 CFR 982.315] A live-in attendant or foster child(ren) are not eligible for remaining member status. Any addition to the household after initial admission other than marriage, birth, or adoption, are not eligible for remaining member status. CHAPTER 6 ANNUAL INCOME [24 CFR 5.609 (c)] DOES NOT INCLUDE THE FOLLOWING (11) Earnings in excess of $480 per year for each full-time 10 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 2, 2013 PAGE6-15 PAGE 6 —16 student 18 years old or older (excluding the head of household and spouse); (12) Adoption assistance payments in excess of $480 a year per adopted child; MANDATORY DEDUCTIONS. In determining adjusted income, the responsible entity must deduct the following amounts from annual income: (1) $480 per year for each dependent; (2) $400 per year for any elderly family or disabled family; CHAPTER 7 PAGE 7 — 2 PAGE 7 — 6 ADD REMOVE/REVISE LANGUAGE TO: REQUIREMENT TO ATTEND BRIEFING It is the applicant's responsibility to reschedule the briefing if s/he is unable to attend. If the applicant does not reschedule or misses two scheduled briefings, the CDC may deny admission. The briefing may be held in the office, by telephone, or at the applicant's home, upon request by a disabled family, as a reasonable accommodation. Also, reasonable accommodation may include accessible offices, inclusion of an advocate, or a home visit. The disabled family's designee will be allowed to participate in the briefing at the family's request. BRIEFING PACKET [24 CFR 982.301(b)] parties willing to lease to assisted families or agoncioc that n etch fer unit The list m nol d if available p FFl t e-Sernvrrrvr-vnrc6��nvc-rrrajH , , • A map or description of aroas representing various incomo lenvels of the jurisdiction and surrounding areas for the 11 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 2, 2013 PAGE 7 — 7 FAMILY REPORTING REQUIREMENTS Families must report changes in income, assets, and family composition in writing within 10 calendar days of the change occurrence or knowledge of the occurrence, whichever comes first. Families, prior to execution of a HAP Contract, discovered to have provided false, misleading, incomplete or untrue information in order to be found eligible for assistance will have their vouchers rescinded and will not be eligible for return to the waiting list at original date/time of application. These families will be offered an opportunity to request an informal review. CHAPTER 10 ADD REMOVE/REVISE LANGUAGE TO: RENT REASONABLENESS METHODOLOGY The database that PAGE 10-3 -CDC uses an automated of unassisted units CHAPTER 11 ADD REMOVE/REVISE LANGUAGE TO: EVIDENCE OF CITIZENSHIP OR ELIGIBLE IMMIGRATION PAGE 11 - 3 STATUS For U.S. citizens or U.S. nationals, the evidence consists of a signed declaration of U.S. citizenship or U.S. nationality. The CDC must obtain verification of the declaration by requiring presentation of a U.S. passport, U.S. birth certificate, Employment Authorization card, Temporary Permanent Resident card, or other appropriate documentation, as provided by section 214. CHAPTER 14 NOTIFICATION OF REVIEW 12 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 2, 2013 PAGE 14 —15 PAGE 14 —16 PAGE 14 -18 PAGE 14 —18 The CDC will ensure applicants receive all the rights afforded by laws and regulations. When the CDC receives a request for an informal review, the informal review shall be scheduled within 30 calendar days of receipt. The informal review may be conducted by telephone, or in person. The applicants will be advised of the time and date of the informal review, and the right to submit oral or written objections to the CDC decision. PROCEDURE FOR INFORMAL REVIEW A written request for an informal review must be received at the CDC office by the close of the business day, no later than ten calendar days from the date of the CDC's notification of denial of admission. The informal review will be scheduled within 30 calendar days of the date the request is received. A notice of the review findings will be provided in writing to the applicant within twenty calendar days after the review. It shall include the decision of the review officer, and an explanation of the reasons for the decision. NOTIFICATION OF HEARING When the CDC receives a request for an informal hearing, a hearing will be scheduled within 30 calendar days. The notification of hearing will contain: PROCEDURE FOR INFORMAL HEARING A written request for an informal hearing must be received at the CDC office by the close of the business day, no later than ten calendar days from the date of the notification of denial or termination of assistance. The informal hearing will be scheduled within 30 calendar days of the date the request is received. ■ At least seven (7) calendar days from the date of the 13 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 2, 2013 PAGE 14 —19 PAGE 14 —19 PAGE 14 — 20 PAGE 14 — 20 PAGE 14 — 21 Notice of Informal hearing, examine, and request copies at the family's expense *, any unprivileged documents in the file that are directly relevant, as determined by the CDC, to the issues to be considered at the hearing which form the basis for the CDC's action, and all documents submitted to the hearing officer. In addition to other rights contained in this chapter, the CDC has a right to: • Examine and copy any documents to be used by the family at least seven calendar days prior to the hearing (* copy fee: $1.00 for first page, $0.15 for each additional page) (* fee for audio recording: Tape provided by CDC: $20.00) The family may request an audio recording of the informal hearing, if desired, within 90 calendar days of the hearing. A notice of the hearing findings provided in writing to the CDC and the family within twenty calendar days shall include: • A statement that the tenant may seek judicial review by filing a petition with the San Diego Superior Court pursuant to section 1094.6 of the California Code of Civil Procedure. The petition must be filed within ninety (90) calendar days of the date of this decision. INS DETERMINATION OF INELIGIBILITY For U.S. citizens or U.S. nationals, the evidence consists of a signed declaration of U.S. citizenship or U.S. nationality. The responsible entity must obtain verification of the declaration by requiring presentation of a U.S. passport, U.S. birth certificate, Em^l�,p,oyment Permanent Resident card, or other appropriate documentation, as provided by section 214. For Housing covered programs: 14 Community Development Commission Housing Authority Of The City of National City Agenda Statement Addendum April 2, 2013 PAGE 14 — 22 If a family member claims to be an eligible immigrant and the INS SAVE system and manual search do not verify the claim, the CDC must notify the applicant or participant, within ten calendar days of his/her right to appeal to the INS within thirty calendar days, or to request an informal hearing with the CDC either in lieu of or subsequent to the INS appeal. The request for a CDC hearing must be made within ten calendar days of the date of the notice offering the hearing or, if an appeal was made to the INS, within ten calendar days of receipt of that notice. GLOSSARY NO ADDITIONS OR DELETIONS THIS YEAR. Staff recommends that the CDC, Housing Authority of the City of National City Section 8 Rental Assistance Program Board consider the adoption of the attached Resolution approving the revisions to the Section 8 Administrative Plan; and authorizing the submittal of the plan to the U.S. Department of Housing and Urban Development. 15 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2013 AGENDA ITEM NO.22 ITEM TITLE: Resolution of the Community Development Commission - Housing Authority of the City of National City approving the Public Housing Agency Annual Plan (PHA) for Fiscal Year 2013, and authorizing the submittal of the Plan to the U.S. Department of Housing and Urban Development. PREPARED BY: Hermi Oliveria PHONE: Housing Programs Manager (619) 336-4259 EXPLANATION: See attached repork' DEPARTMENT: Housing & Grant4 APPROVED BY: FINANCIAL STATEMENT: ACCOUNT No. There will be no fiscal impact as a result of this action. ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED. Finance APPROVED: MIS STAFF RECOMMENDATION: 'Adopt the resolution' BOARD / COMMISSION RECOMMENDATION: Not applicable,' ATTACHMENTS: 1. ,Background Report 2. Resolution 3. PHA Annual Plan for Fiscal Year 2013 was distributed via email in pdf format to Council on February 18, 2013; is available on the website and at: City Clerk's Office, National City Library and the Section 8 Rental Assistance Division office. CDC, Housing Authority Of The City Of National City Section 8 Rental Assistance Program Agenda Statement Addendum April 2, 2013 Background: The U.S. Department of Housing and Urban Development (HUD), in response to the Quality Housing and Work Responsibility Act of 1998 (QHWRA), requires housing authorities to prepare a Section 8 Public Housing Agency (PHA) Plan. The PHA Plan concept is based on the consolidated planning process used for HUD's community and development programs. Like the Consolidated Plan that is required by HUD for jurisdictions using federal funds for housing and community development, the attached plan provides a planning mechanism by which the CDC, Housing Authority of the City of National City Section 8 Rental Assistance Program (CDC) can examine its long-range needs and short term needs. Specifically, the Plan identifies the needs of the families that it serves and develops both long-term strategies (i.e. Five -Year Plan) and short- term strategies (i.e. Annual Plan) for addressing the needs. The Annual Plan provides details about the CDC's immediate operations, program participants, programs and services. This Plan also identifies the CDC's strategy for handling operation concerns, resident's concerns and needs, programs and services. The community and the Housing and Community Development Commission (HCDC) committee, acting as the Resident Advisory Board, were given an opportunity to review and comment on the proposed plan. No recommendation and comment were received regarding the proposed plan. RESOLUTION NO. 2013 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY APPROVING THE PUBLIC HOUSING AGENCY ANNUAL PLAN (PHA) FOR FISCAL YEAR 2013, AND AUTHORIZING THE SUBMITTAL OF THE PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, on October 21, 1998, the U.S. Congress enacted Public Law 105- 276, known as the Quality Housing and Work Responsibility Act ("QHWRA") requiring housing authorities to prepare and submit a Public Housing Agency Annual Plan (the "PHA"); and WHEREAS, the PHA for Fiscal Year 2013 provides details regarding the Community Development Commission — Housing Authority of the City of National City ("CDCHA"), Section 8 Rental Assistance Division's strategy for immediate operations, program participants, programs and services; and WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") requires a Public Hearing to be held in order to receive public input; and WHEREAS, on April 2, 2013, a Public Hearing was held for review and recommendation by the public of the proposed Public Housing Agency Annual Plan for Fiscal Year 2013; and WHEREAS, the CDCHA has reviewed the PHA for Fiscal Year 2013 for any significant amendments or modifications. NOW THEREFORE BE IT RESOLVED that the Community Development Commission — Housing Authority of the City of National City hereby approves the Public Housing Agency Annual Plan for Fiscal Year 2013. BE IT FURTHER RESOLVED that the Community Development Commission — Housing Authority of the City of National City hereby approves the submittal of the PHA for Fiscal Year 2013 by the Executive Director to the U.S. Department of Housing and Urban Development. Said Plan is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of April, 2013. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Leslie Deese, Secretary Claudia Gacitua Silva General Counsel CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 2, 2013 AGENDA ITEM NO. 23 ITEM TITLE: Report - Board and Commission Attendance Records. (City Clerk) PREPARED BY: Michael R. Dalla DEPARTMENT: Citylerk PHONE: 619-336-4226 APPROVED BY: EXPLANATION: On March 5th, during discussion of the `Alternate Member Process,' the City Council requested that attendance records for City Boards and Commissions be complied and placed on the Council Agenda. It was also requested that the list of Board & Commission members with appointment and expiration dates be included on the City's web page. Attendance records are attached. It should be noted that during the last 15 months, at least 56 meetings were held by City Boards and Commissions. On two occasions, the meetings were not held due to lack of a quorum. The list of Board and Commission members has been posted on the City web page and is also posted in the Library. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Attendance Records 2. List of Board & Commission Members CIVIL SERVICE COMMISSION BOARD AND COMMI»IONS ATTENDANCE January 2012 - March 2013 JAN MAY JAN Marcus Bush Rafael Courtney Leslie Coyote William Sendt Fred Puhn CPRC FEB MAY AUG NOV Louise Branch James Brewer Nancy Estolano A A Frank Lopez A Ken Seaton-Msemaji Daniel Serrano A LIBRARY BOARD MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB Gloria Bird Arlene Castillo A Brian Clapper A Deborah Hernandez A A A Nancy Nieto A A A A A A TRAFFIC SAFETY COMMITTEE FEB MAR JUL AUG SEP DEC FEB FEB MAR Christopher Coyote Roberto Garcia Cheryl Howery-Colmenero Gonzalo Quintero Arlito Reclosado A A A A A A A A A A A A QUORUM NO Absences 0 0 0 0 0 Absences 0 0 2 1 0 1 Absences 0 1 1 3 6 Absences 1 6 0 1 4 PLANNING COMMISSION Al Alvarado George Baca Maria DeLaPaz Alfredo Farias Delores Flores Alethea Pruitt Vince Reynolds BOARD AND COMMISSIONS ATTENDANCE January 2012 - March 2013 JAN FEB MAR MAR APR MAY JUN JUL AUG OCT DEC DEC A A A A A A A PUBLIC ART COMMITTEE JAN APR JUL OCT Manuel Cavada A A Paul Ecdao A A A Carolyn StClair Claudia Torres A William Virchis QUORUM PRSCAB NO JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Roberto Andrade A Roy Cesena A A A A Yvonne Cordoba A A A James Grier Nora McMains Howard Schwitkis A A Katharine Wesner A A A A A Absences 0 0 3 1 0 1 2 Absences 2 3 0 1 0 Absences 1 4 3 0 0 2 5 CITY OF NA' NAL CITY LOCAL APPOINTMENTS LIST AS OF MARCH 25, 2013 Board/Commission/Committee First Name Last Name Appointed Term Expires Civil Service Commission Rafael Courtney 01-19-2010 09-30-2015 Civil Service Commission Leslie Coyote 10-18-2011 09-30-2014 Civil Service Commission Fred Puhn 09-10-2012 09-30-2017 Civil Service Commission Alyssa Robledo 03-19-2013 09-30-2016 Civil Service Commission William J. Sendt 01-19-2010 09-30-2013 CPRC Louise Branch 05-19-2009 03-31-2015 CPRC James Brewer 02-01-2011 03-31-2014 CPRC Nancy Estolano 05-19-2009 03-31-2015 CPRC Frank Lopez 02-05-2011 03-31-2014 CPRC William Phillips 05-16-2006 TBD CPRC Ken Seaton-Msemaji 05-17-2011 03-31-2015 CPRC Daniel Serrano 05-19-2009 03-31-2013 CPRC Richard Wingfield 02-07-2013 03-31-2016 Library Board of Trustees Gloria Bird 10-18-2011 09-30-2015 Library Board of Trustees Arlene Castillo 06-03-2008 09-30-2014 Library Board of Trustees Brian Clapper 05-19-2009 09-30-2013 Library Board of Trustees Deborah Hernandez 11-03-2009 09-30-2014 Library Board of Trustees Nancy Nieto 05-19-2009 09-30-2015 Parks, Recreation & Senior Citizens Advisory Board Roberto Andrade 05-19-2009 09-30-2014 Qualifications: Members must be residents of the City of National City, with the exception of two positions on the Community and Police Relations Commission and the Public Art Committee. March 26, 2013 Board/Commission/Committee First Name Last Name Appointed Term Expires Parks, Recreation & Senior Citizens Advisory Board. Roy Cesena 04-02-2002 09-30-2014 Parks, Recreation & Senior Citizens Advisory Board Yvonne Cordoba 09-21-2004 09-30-2014 Parks, Recreation & Senior Citizens Advisory Board. James Grier 07-14-1987 09-30-2014 Parks, Recreation & Senior Citizens Advisory Board Nora McMains 09-05-2006 09-30-2013 Parks, Recreation & Senior Citizens Advisory Board. Howard R. Schwitkis 04-19-1991 09-30-2014 Parks, Recreation & Senior Citizens Advisory Board Katharine Wesner 05-19-2009 09-30-2012 Planning Commission Albert "Al" Alvarado 02-18-2003 03-31-2016 Planning Commission George J. Baca 12-07-1999 03-31-2016 Planning Commission Marcus Bush 02-05-2013 03-31-2015 Planning Commission Maria DeLa Paz 04-02-2002 03-31-2014 Planning Commission Dolores Flores 06-05-2001 03-31-2017 1 Planning Commission Roberto Garcia 03-19-2013 03-31-2017 Planning Commission Alethea R. Pruitt 04-01-2003 03-31-2015 Planning Commission - HCDC Harold Aranda 02-01-2011 03-31-2014 Planning Commission - HCDC Nelly Espinoza 02-01-2011 03-31-2015 Port Commission Robert Valderrama 12/16/2008 01/02/2017 Public Art Committee VACANCY 09-30-2013 Public Art Committee Manuel Cavada 07-20-2004 09-30-2013 Public Art Committee Carolyn StClair 02-01-2011 09-30-2013 Public Art Committee Claudia Elizabeth Torres 04-17-2012 09-30-2013 Public Art Committee William A. Virchis 07-20-2004 09-30-2013 Traffic Safety Committee Christopher Coyote 03-01-2011 09-30-2013 Traffic Safety Committee Roberto Garcia 02-01-2011 09-30-2013 Qualifications: Members must be residents of the City of National City, with the exception of two positions on the Community and Police Relations Commission, and the Public Art Committee. B 'Commission/Committee Traffic Safety Committee Traffic Safety Committee Traffic Safety Committee First 1,.....� Cheryl Gonzalo Arlito Last Name Howrey-Colmenero Quintero Reclosado Appointed 04-19-2005 02-01-2011 04-04-2006 Tel .....xpires 09-30-2015 09-30-2015 09-30-2013 Qualifications: Members must be residents of the City of National City, with the exception of two positions on the Community and Police Relations Commission, and the Public Art Committee.