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Home My WebLink About2014 02-04 CC HA AGENDA PKTN RON 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 TIONAL CIT YCA. GO V 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, FEBRUARY 04, 2014 — 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 2/4/2014 — 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 interpretation en espanol se proporciona durante sesiones del Consejo Municipal. Los audibfonos estan disponibles en el pasillo al principio de la junta. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. CC/CDC Agenda 2/4/2014 — 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. National City Wellness Program 2012-2014 2. Partnership Collaborations: ARTS, the Sage Project, and SUHI helping create the Arts, Culture, and Education District (CMO) INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 3. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Memorandum of Understanding between the City of San Diego Office of Homeland Security and the City of National City regarding FY12 Urban Area Security Initiative (UASI) Grant Funding for equipment and training for police and fire personnel. (Fire) 4. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Memorandum of Understanding between the City of San Diego Office of Homeland Security and the City of National City regarding FY13 Urban Area Security Initiative (UASI) Grant Funding for equipment and training for police and fire personnel. (Fire) 5. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Grant Assurances for the FY13 State Homeland Security Grant Program for equipment, training, exercises, and planning for police and fire personnel. (Fire) 6. Resolution of the City Council of the City of National City authorizing a reimbursable grant in the amount of $44,565 from the FY13 State Homeland Security Grant Program for the purchase of equipment for the CC/CDC Agenda 2/4/2014 — Page 4 Police and Fire Departments, and authorizing the establishment of an appropriation and corresponding revenue budget. (Fire) 7. Resolution of the City Council of the City of National City approving the reallocation of $70,000 in Community Development Block Grant (CDBG) funds to the FY 2013-2014 CDBG Project titled George H. Waters Nutrition Center Program to complete the installation of a walk-in refrigerator unit and repairs to the heating, ventilation, and air conditioning system. (Housing, Grants, and Asset Management) 8. Resolution of the City Council of the City of National City adopting a Quality Assurance Program (QAP) that provides sampling and testing procedures to ensure that materials incorporated into construction projects are in conformance with the contract specifications and Caltrans requirements for federal -aid projects. (Engineering) 9. Warrant Register #25 for the period of 12/11/13 through 12/17/13 in the amount of $1,620,610.73. (Finance) 10. Warrant Register #26 for the period of 12/18/13 through 12/24/13 in the amount of $1,845,689.77. (Finance) 11. Warrant Register #28 for the period of 1/1/14 through 1/7/14 in the amount of $2,316,202.41. (Finance) PUBLIC HEARINGS ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 12. Resolution of the City Council of the City of National City approving a Conditional Use Permit for alcohol sales at Redbird Market located at 2035 Highland Avenue. (Applicant: Laith Arabo) (Case File 2013-18 CUP) (Planning) 13. Resolution of the City Council of the City of National City authorizing the appropriation and corresponding revenue increase of $1,000,000 for the purpose of environmental remediation work on the Westside In -fill Transit Oriented Development project site. (Engineering) 14. Resolution of the City Council of the City of National City, 1) awarding a contract in the not to exceed amount of $858,609.00 to Clauss Construction for the 2020 and 2100 Hoover Avenue Remediation and Site Demolition Project. Specification No. 13-01; 2) authorizing a 25% CC/CDC Agenda 2/4/2014 — Page 5 contingency in the amount $214,652.25 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering) NEW BUSINESS 15. Notice of Decision - Planning Commission approval of a Conditional Use Permit for the sale of beer and wine for off -site consumption at an existing market (El Super Market) located at 1811 "L" Avenue. (Applicant: Rodel Chalabi) (Case File 2013-27 CUP) (Planning) 16. Notice of Decision - Planning Commission approval of a Conditional Use Permit for a Wireless Communications Facility located at 2415 East 18th Street. (Applicant: Verizon Wireless) (Case File 2013-26 CUP) (Planning) 17. Staff update on the San Diego State University Sage Project: Community Engagement for Sustainable Cities Program. (City Manager) 18. Response to the December 3, 2013 direction by the City Council to bring forward recommendations related to the facilitation of a City Council Retreat, including possible dates and format. (Administrative Services) 19. National City Sales Tax Update Newsletter - Third Quarter 2013. (Finance) COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY STAFF REPORTS 20. State of California Fiscal Year 2015 Budget Update (Finance) MAYOR AND CITY COUNCIL 21. Discussion of a Safe Ongoing Prescription Drug Drop Off site which would allow residents to dispose of household prescription medications at a location for quick and convenient use. (Council Initiated) CLOSED SESSION REPORT ADJOURNMENT Regular City Council/Community Development/Housing Authority of the City of National City Meeting - Tuesday - February 18, 2014 - 6:00 p.m. - Council Chambers - National City, California. 1/27/2014 Item #1 2/4/14 Top 3 Modifiable Risk Factors 1. Body Mass Index 2. Physical Activity and Nutrition 3. Preventive Screening Compliance 1 1/L//LU14 Program goals: 1. Provide engaging health education and awareness information while contributing to a culture of health in the City of National City 2. Evaluate and compare age/gender preventive screening compliance with national benchmarks 3. Create a walking program (i.e. Thrive Across America) 4. Offer targeted wellness programs and activities through HealthWorks (Kaiser) 5. Continue to create a supportive workplace environment 6. Evaluate/compare and understand results to choose appropriate interventions 7. Increase participation year over year in biometric screenings, TAA, Total Health Assessment Wellness Accomplishments — 2012 ✓ Formed the Wellness Committee ✓ Logo and Tag Line Contest ✓ Started Onsite Health Education Classes in November o Healthy Mind, Healthy Body: Managing Stress ✓ Conducted an Employee Health and Wellness Survey o 74 respondents ✓ Renovated City Hall gym and held a ribbon cutting event 1/27/2014 Wellness Accomplishments — 2013 ✓ Participated in the Employee Health fair ✓ Held Monthly Wellness Committee meetings ✓ Established a Monthly Wellness Newsletter ✓ Kicked off first Thrive Across America (walking competition) o Total of 13 teams ✓ Conducted in annual "Know Your Numbers" Campaign with Kaiser Mobil Health Vehicle o 62 completed a biometric screening and health assessments ✓ Continued Onsite Health Education Classes Wellness Accomplishments — 2013 ✓ Held Onsite Health Education Classes o Heart Health/Blood Pressure o Financial Fitness o Get Moving! o Safety Over Summer o Be Your Healthiest: Dermatology o Know Your Numbers o Healthy Weight o Men's Health o Breast Cancer: What Every Woman Should Know o Healthy Holidays o Diabetes Awareness 3 1/27/2014 Wellness Accomplishments — 2013 ✓ Joined the Healthy Eating Active Living (HEAL) Cities Campaign ✓ Sponsored free weekly Zumba classes ✓ Installed healthy vending machines at City Hall ✓ Hosted Celebrity Chef Doreen Colondres o Approximately 75 participants V Conducted 2"d Employee Health and Wellness Survey o 55 respondents ✓ Held Wellness Check -in Pilot Program through Kaiser ✓ Maintain Don't Gain Holiday Challenge Wellness Accomplishments — 2013 ✓ Held Wellness Check -in Pilot Program through Kaiser c Number of sessions offered — 4 o Number of employees seen — 13 c Number of employees who had second session — 7 ✓ Employees wanted support for: Weight management (8), Exercise (3), Stress (1), Pain (1) ✓ Overall - the pilot was a success! o "When I was discouraged the instructor gave me the strength to move forward." o "My health is much better." o "Helped me make adjustments I needed to make on my food intake. Now I pay more attention to that." o "The instructor took the time to help me understand why I was not successful at reaching my goals. Set them too high. Start with smaller attainable goals. Once achieved then reset them next step higher." 1/27/2014 Looking Forward - 2014 • Health fair • 90 Day Weight Loss Challenge • Thrive Across America • "This Year I Will" campaign: goal setting • Olivewood Gardens tours and cooking demonstrations • Cooper Assessments • Know Your Numbers campaign with Kaiser Mobil Health Vehicle • Weight Watchers • Kaiser Physician Ambassador Talks Wellness Budget 2012/13 • $6,763 — Kaiser • $25,000 — City of National City (City Hall gym renovation) 2013/14 • $10,000 — Kaiser • $10,500 — City of National City 2014/15 • $8,800 — Kaiser • TBD — City of National City 5 1/27/2014 Employee Testimonial "I've done Zumba for about four months now and I absolutely love it. I'm so grateful that it's offered to us as city employees. It is such a positive experience and not only has it helped me reduce stress, but it has helped me tone up. Zumba has inspired just what I needed to get back on track with a healthy lifestyle. I can very proudly say that since I've started Zumba I've almost dropped 2 dress sizes. It feels great to see the physical transformation." Rosa S. (NCPD) 6 ITEM # 2 2/4/13 Partnership Collaborations: ARTS, the Sage Project, and SUHI helping create the Arts, Culture, and Education District (City Manager) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 4, 2014 AGENDA ITEM NO. 3 ' ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Memorandum of Understanding between the City of San Diego Office of Homeland Security and the City of National City regarding FY12 Urban Area Security Initiative (UASI) Grant Funding for equipment and training for police and fire personnel. (Fire) PREPARED BY: Walter Amedee l DEPARTMENT: Fire PHONE: (619) 336-4550 APPROVED BY: EXPLANATION: This Memorandum of Understanding documents roles, responsibilities, and expectations at the local, state, and federal levels and ensures that the City of National City, as a participant in the program, agrees to meet state and federal requirements. The Urban Area Security Initiative (UASI) grant provides funding for equipment and training needed to respond to natural or man-made disasters or terrorism incidents that may occur in the San Diego urban area. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: 7G1"ti"^"tr- Finance APPROVED: MIS Minor impact; the UASI Grant requires the City to request reimbursement for expenditures for training and equipment. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends authorizing the Mayor to execute the MOU between the City of San Diego Office of Homeland Security and the City of National City regarding FY12 UASI grant funding. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: •. MOU between the City of San Diego Office of Homeland Security and the City of National City regarding FY12 Urban Area Security Initiative (UASI) grant funding 2. Resolution MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE City of Nati nnni City REGARDING FY12 URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDING THIS MEMORANDUM OF UNDERSTANDING (MOU) is effective (effective date to be complete by City of San Diego City Attorney's Office) 20_, between THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY and The City of National City under the following terms and conditions: 1. The Participating Agency agrees to comply with the Grant Assurances for Urban Area Security Initiative (Attachment A). 2. The Participating Agency agrees to submit a Reimbursement Request Form by the 10th day of each month to request reimbursement for costs incurred in accordance with the UASI grant program guidelines. 3. The Participating Agency agrees to submit at the time of signing of this MOU, and on October 1 of each year thereafter, a verified confirmation of its public safety personnel by category and within the defmitions provided in item 3.1 below for each of those categories (Attachment B). Public safety personnel shall only be counted in one category and one job classification even if they have multiple disciplines, such as Fire Fighter and Paramedic. The required listing of public safety personnel shall be by job classification from personnel, payroll and/or budgetary records by category in the format below. 3.1 Public safety personnel categories and definitions shall be as follows (civilian personnel shall not be counted): Fire Services (FS) - Personnel at the urban area jurisdiction level who are in personnel classifications which provide services as first responders and meet the Hazmat First Responder Operations level requirements of Title 29 of the Code of Federal Regulations (CFR) Section 1910.120(q) (29CFR section 1910.120(q)) and Title 8 California Code of Regulations (CCR) Section 5192. Law Enforcement (LE) — Personnel, in accordance with the provisions of California Penal Code Sections 830-832.17, who work for agencies at the local and municipal level with responsibility as sworn law enforcement officers. Emergency Medical Services (EMS) — Personnel and contractors who, on a full-time or part-time basis serve as first responders, Emergency Medical Technician (EMT) I, II or Paramedic on ground -based and aero- medical services to provide pre -hospital care, through ambulance service, 1 Memorandum of Understanding - Urban Area Security Initiative Grant Funding rescue squad, or medical engine company. Personnel must meet the requirements set forth in the California Code of Regulations Title 22. Social Security, Division 9. Pre -hospital Emergency Medical Services Chapter 2, 3 or 4. HazMat (HZ) — Personnel, full-time or part-time, who identify, characterize, or provide risk assessment, and mitigate/control the release of a hazardous substance or potentially hazardous substance as Hazardous Materials Specialists or Technicians and members of the Hazardous Incident Response Team. 4. The Participating Agency agrees to maintain all documentation supporting all expenditures reimbursed from grant funds, and ensure all expenditures are allowable under grant requirements. Recipients that expend $500,000 or more of federal funds during their respective fiscal year agree to submit an organization - wide financial and compliance audit report. The audit shall be performed in accordance with the U. S. General Accounting Office Government Auditing Standards and OMB Circular A-133 (Federal Grantor Agency: U. S. Department of Homeland Security; Pass -Through Agency: Office of Homeland Security; Program Title: Public Assistance Grants; Federal CFDA Number: 97.067). The records shall be maintained and retained in accordance with UASI grant requirements and shall be available for audit and inspection by the City and designated grant agent personnel. 5. The Participating Agency agrees that all its expenditures shall be in accordance with the pre -approved expenditure details as submitted to the City and approved by the State of California Office of Homeland Security (CA -OHS) and the U.S. Department of Homeland Security Office of Domestic Preparedness (ODP). Any deviations from the pre -approved list shall be submitted to the City for approval before making such expenditures. 6. The Participating Agency agrees to defend, indemnify, and hold harmless the City, its agents, officers, and employees, from and against all liability arising out of the Participating Agency's acts or omissions under this MOU. 7. The City agrees to defend, indemnify, and hold harmless the Participating Agency, its agents, officers, and employees, from and against all liability arising out of the City's acts or omissions under this MOU. 2 Memorandum of Understanding - Urban Area Security Initiative Grant Funding IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the City of San Diego Office of Homeland Security and the City of National City by and through their authorized representatives. CITY OF SAN DIEGO (Signature) By: John Valencia Title: Program Manager City of National City (Juirisdiction) (Signature) By: Ron Morrison (Print) Title: Mayor I HEREBY APPROVE the form and legality of the foregoing Memorandum of Understanding this _ day of , 20_. JAN GOLDSMITH, City Attorney By: Deputy City Attorney 3 APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Attachment A California Emergency Management Agency FY 2012 Grant Assurances (All HSGP Applicants) Name of Applicant: City of National City Address: 1243 National City Boulevard City: National City State: CA Zip Code: 91950 Telephone Number: (619) 336-4550 FaxNumber:(619) 336-4328 E-Mail Address: wamedeegnationalcityca.gov As the duly authorized representative of the applicant, I certify that the applicant named above: 1. Will assure that grant funds will support efforts related to providing an integrated mechanism to enhance the coordination of national priority efforts to prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies. 2. Has the legal authority to accept Federal assistance and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and sub - granted through the State of California, California Emergency Management Agency (Cat EMA). 3. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred between grant programs (for example: State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or fiscal years. 4. Will comply with any cost sharing commitments included in the FY2012 Investment Justifications submitted to DHS/FEMA/Cat EMA, where applicable. 5. Will give the Federal government, the General Accounting Office, the Comptroller General of the United States, the State of California, the Office of Inspector General, through any authorized representative, access to, and the right to examine, all paper or electronic records, books, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards and/or awarding agency directives. 6. Agrees that funds utilized to establish or enhance State and Local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines, follow the Federal and State approved privacy policies, and achieve (at a minimum) baseline level of capability as defined by the Fusion Capability Planning Tool. 7. Will provide progress reports, and other such information as may be required by the awarding agency, including the Initial Strategy Implementation Plan (ISIP) within 45 (forty-five) days of the award, and update via the Grant Reporting Tool (GRT) twice each year. 8. Will initiate and complete the work within the applicable time frame after receipt of approval from Cal EMA. 9. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. Page 1 bitf is .', Attachment A 10. Will comply with all provisions of DHS/FEMA's codified regulation 44, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including the payment of interest earned on advances. 11. Will comply with all provisions of 48 CFR, 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations. 12. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of, personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business, or other ties. 13. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from DHS/FEMA/Cal EMA. 14. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority -owned, women -owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 15. Will notify Cal EMA of any developments that have a significant impact on award -supported activities, including changes to key program staff. 16. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of structures. 17. Will comply with all Federal and State Statues relating to Civil Rights and Nondiscrimination. These include, but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits discrimination on the basis of race, color or national origin. b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and 1685- 1686), which prohibits discrimination on the basis of gender. c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps. d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age. e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse. f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records. h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing. i. Title 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination. j. The requirements on any other nondiscrimination provisions in the specific statute(s) under which the application for Federal assistance is being made. k. Will, in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, gender, or disability against a recipient of funds, the recipient will forward a copy of the fording to the Office of Civil Rights, Office of Justice Programs. Page 2 ilmttals Attachment A 1. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. m. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements and all other provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1. 18. Will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91-646]) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of Federal participation in purchases. Will also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -assisted programs. 19. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is ten thousand dollars ($10,000) or more. 20. Will comply with all applicable Federal, State, and Local environmental and historical preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP requirements and obtain applicable permits may jeopardize Federal funding. Will comply with all conditions placed on any project as the result of the EHP review; any change to the scope of work of a project will require reevaluation of compliance with these EHP requirements. 21. Will comply with all provisions of DHS/FEMA's codified regulation 44, Part 10, Environmental Considerations. 22. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of DHS/FEMA/Cal EMA, including, but not limited to, ground disturbance, construction, modification to any structure, physical security enhancements, communications towers, any structure over 50 years old, and purchase and/or use of any sonar equipment. The subgrantee must comply with all conditions and restrictions placed on the project as a result of the EHP review. Any construction - related activities initiated without the necessary EHP review and approval will result in a noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA/Cal EMA funding. Any change to the scope of work will require re-evaluation of compliance with the EHP. If ground -disturbing activities occur during the project implementation, the subgrantee must ensure monitoring of the disturbance. If any potential archeological resources are discovered, the subgrantee will immediately cease activity in that area and notify DHS/FEMA/Cal EMA and the appropriate State Historic Preservation Office. 23. Any construction activities that have been initiated prior to the full environmental and historic preservation review could result in non-compliance finding. grantees must complete the FEMA EHP Screening Form (OMB Number 1660-0115/FEMA Form 024-0-01) and submit it, with all supporting documentation, to the GPD EHP team at GPDEHPinfo@fema.dhs.gov for review. 24. Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award. The Screening From for these types of projects is available at: www.fema.gov/doc/government/grant/bulletins/info329 fmal screening memo.doc 25. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Violating Facilities, and will notify Cal EMA and the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under consideration for listing by the EPA. Page 3 tip# >, als::-_"' Attachment A 26. Will provide any information requested by DHS/FEMA/Cal EMA to ensure compliance with applicable laws, including the following: a. Institution of environmental quality control measures under the Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), and Environmental Justice (EO12898) and Environmental Quality (EO11514). b. Notification of violating facilities pursuant to EO 11738. c. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.). d. Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.). e. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523). f. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080- 21098. California Code of Regulations, Title 14, Chapter 3 Section 15000-15007. g. Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting components or potential components of the national wild and scenic rivers system. h. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 27. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the Califomia Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447, and 2448. 28. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Security." The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." 29. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights of copyright to which a recipient or sub -recipient purchases ownership with Federal support. 30. The recipient agrees to consult with DHS/FEMA/Cal EMA regarding the allocation of any patent rights that arise from, or are purchased with, this funding and has requested through the State of Califomia, Federal financial assistance to be used to perform eligible work approved in the submitted application for Federal assistance and after the receipt of Federal financial assistance, through the State of California, agrees to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the Federal or State government. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Property/equipment purchased under the HSGP reverts to Cal EMA if the grant funds are deobligated/disallowed and/or not promptly repaid. d. HSGP funds used for the improvement of real property must be promptly repaid following deobligation/disallowment of costs or Cal EMA reserves the right to place a lien on the property for the amount owed. Page 4 Tn►al$ ; Attachment A e. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per Federal Fiscal Year. 31. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 32. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 33. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 34. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 35. Agrees that "Classified national security information," as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form.. No funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for and has access to such information. 36. Agrees that where an award recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subawardee, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the Federal department or agency with whom the classified effort will be performed. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, as amended; the National Industrial Security Program Operating Manual (NISPOM); and/or other applicable implementing directives or instructions. All security requirement documents are located at: http://www.dhs.gov/ananbiz/grants/index.shtm 37. Immediately upon determination by the award recipient that funding under this award will be used to support such a contract, subaward, or other agreement, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement, the award recipient shall contact ISPB, or the applicable Federal department or agency, for approval and processing instructions. DHS Office of Security ISPB contact information: Telephone: 202-447-5346 Email: DD254AdministrativeSecurity@dhs.gov Mail: Department of Homeland Security Office of the Chief Security Officer ATTN: ASD/Industrial Security Program Branch Washington, D.C. 20528 38. Agrees with the requirements regarding Data Universal Numbering System (DUNS) Numbers meaning if recipients are authorized to make subawards under this award, they must notify potential subrecipients Page 5 flftilihlsr:: Attachment A that no entity (see definition in paragraph C of this award term) may receive or make a subaward to any entity unless the entity has provided its DUNS number. For purposes of this award term, the following definitions will apply: a. "Data Universal Numbering System (DUNS)" number means the nine digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet, currently at http://fedgov.dnb.com/webform b. "Entity", as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C, as a Governmental organization, which is a State, local government, or Indian Tribe; or a foreign public entity; or a domestic or foreign nonprofit organization; or a domestic or foreign for - profit organization; or a Federal agency, but only as a sub recipient under an award or subaward to a non -Federal entity. c. "Subaward" means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. It does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. 210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations") and may be provided through any legal agreement, including an agreement that you consider a contract. d. "Subrecipient" means an entity that receives a subaward from you under this award; and is accountable to you for the use of the Federal funds provided by the subaward. 39. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a- 7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for Federally -assisted construction sub -agreements. 40. Agrees that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. b. If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member of Congress in connection with the Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. a. b. 41. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non -Federal funds. Page 6 4011i4ls Attachment A 42. Agrees that equipment acquired or obtained with grant funds: c. Will be made available pursuant to applicable terms of the Califomia Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant, and deployed with personnel trained in the use of such equipment ina manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. d. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 43. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A102 and A-133, E.O. 12372 and the current Administrative Requirements, Cost Principles, and Audit Requirements. 44. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A-1 10); Part 225 Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87); Part 220 Cost Principles for Educational Institutions (OMB Circular A-21); Part 230 Cost Principles for Non -Profit Organizations (OMB Circular A-122). 45. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 46. Agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement. 47. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Princip`1'is and Procedures, Contracts with Commercial Organizations. 48. Will comply with the financial and administrative requirements set forth in the current edition of the DHS Financial Management Guide. 49. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2012 Homeland Security Grant Program Funding Opportunity Announcement, and the California Supplement to the FY 2012 Homeland Security Grant Program Funding Opportunity Announcement, All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2012 Homeland Security Grant Program application. Further, use of FY12 funds is limited to those investments included in the California FY12 Investment Justifications submitted to DHS/FEMA/Cal EMA and evaluated through the peer review process. 50. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension". As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions, the applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or Page 7 dhttrIs �_" Attachment A contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and d. where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 51. Will comply with all applicable requirements of all other Federal and State laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 52. Will comply with the administrative requirements that apply to most DHS award recipients through a grant or cooperative agreement arise from two sources: - Office of Management and Budget (OMB) Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (also known as the "A-102 Common Rule"), found under FEMA regulations at Title 44, Code of Federal Regulations (CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." - OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations, relocated to 2 CFR Part 215. The requirements for allowable costs/cost principles are contained in the A-102 Common Rule, OMB Circular A-110 (2 CFR § 215.27), DHS program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The four costs principles circulars are as follows: - OMB Circular A-21, Cost Principles for Educational Institutions, relocated to 2 CFR Part 220. - OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, relocated to 2 CFR Part 225. - OMB Circular A-122, Cost Principles for Non -Profit Organizations, relocated to 2 CFR Part 230. — OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations. 53. Will acknowledge, agree, and require any subrecipients, contractors, successors, transferees, and assignees acknowledge and agree -to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. a. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS and/or Cal EMA. b. Recipients must give DHS/Cal EMA access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS/Cal EMA regulations and other applicable laws or program guidance. c. Recipients must submit timely, complete, and accurate reports to the appropriate DHS/Cal EMA officials and maintain appropriate backup documentation to support the reports. d. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. e. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS/Cal EMA awarding office and the DHS Office of Civil Rights and Civil Liberties. f. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, Page 8 4nitials"_ Attachment A recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. 54. Agrees that none of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal of any Federal contract, grant, loan, cooperative agreement. These lobbying prohibitions can be found at 31 U.S.C. § 1352. 55. Will comply with requirements to acknowledge Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. 56. Will comply with requirements that publications or other exercise of copyright for any work first produced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing data first produced under this award, including those works published in academic, technical or professional journals, symposia proceedings, or similar works, the recipient grants the Government a royalty -free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for Government purposes in all such copyrighted works. The recipient shall affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under an award. 57. Will obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 58. Will comply with the requirements that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. 59. Will comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942. 60. Will comply with the requirements of the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug - free workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR 3001. 61. Will comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007.In accordance with Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a subrecipient engages in severe forms of trafficking in persons during the Page 9 Q finals Attachment A period of time that the award is in effect, procures a commercial sex act during the period of time that the award is in effect; or uses forced labor in the performance of the award or subawards under the award. Full text of theaward term is provided at 2 CFR § 175.15. 62. Will comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 63. Will comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C.§ 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 CFR Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) -be designed and constructed with certain accessible features (see 24 CFR § 100.201). 64. Will comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12101-12213). 65. Will comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. 66. Will comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. These regulations are codified at 44 CFR Part 19. 67. Will comply with the requirements of Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, recipients must take reasonable steps to ensure that LEP persons have meaningful access to your programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For assistance and information regarding LEP obligations, go to http://www.lep.gov. 68. Will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order 11738, which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters is considered research for other purposes. 69. Will comply with the requirements of the Federal regulations at 45 CFR Part 46 and the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 CFR Part 46. Page 10 �thttals�k:� Attachment A 70. Will comply with the requirements of the National Environmental Policy Act (NEPA), as amended 42 U.S.C. § 4331 et seq., which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant -supported activities, DHS requires the environmental aspects of construction grants (and certain non -construction projects as specified by the Component and awarding office) to be reviewed and evaluated before final action on the application. 71. Will comply with the requirements of Section 1306(c) of the National Flood Insurance Act as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 CFR Part 63. 72. Will comply with the requirements of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. § 4001 et seq.), which provides that no Federal financial assistance to acquire, modernize, or construct property may be provided in identified flood -prone communities in the United States, unless the community participates in the National Flood Insurance Program and flood insurance is purchased within one year of the identification. The flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of flood -prone areas that are eligible for flood insurance are published in the Federal Register by FEMA. 73. Will comply with the requirements of Executive Order 11990, which provides that federally funded construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order provides that, in furtherance of Section 101(b)(3) of NEPA (42 U.S.C. § 4331(b)(3)), Federal agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction, and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use. In making this finding, the head of the agency may take into account economic, environmental, and other pertinent factors. The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands. This is codified at 44 CFR Part 9. 74. Will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. 75. Understands the reporting of subawards and executive compensation rules, including first tier subawards to Cal EMA. a. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, b. Where and when to report: you must report on each obligating action described in the following paragraphs to Cal EMA. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2011, the obligation must be reported by no later than December 31, 2011.) c. What to report: You must report the information about each obligating action that the submission instructions posted in Information Bulletin 350, to Cal EMA. To determine if the public has access to Page 11 Ilittrti'0Is Attachment A the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm. Subgrantees must report subrecipient executive total compensation to Cal EMA by the end of the month following the month during which you make the subaward. Exemptions include: If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report on subawards, and the total compensation of the five most highly compensated executives of any subrecipient. d. Reporting Total Compensation of Recipient Executives: You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) iv. Subrecipient Executives. Unless you are exempt as provided above, for each first -tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if in the subrecipient's preceding fiscal year, the subrecipient received 80 percent or more of its annual gross revenues from Federal procurement t{ contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and the public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. 76. Understands that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: R o n Morrison Title: Mayor Date: February 4, 2014 Page 12 Attachment B CERTIFICATION OF PUBLIC SAFETY PERSONNEL BY CATEGORY FY 12 UASI Date: February 4, 2014 Agency: City of National City Authorized Agent Name: Ron Morrison Authorized Agent Signature: Public safety personnel shall only be counted in one category, as defined in the Memorandum of Understanding between the City of San Diego and the participating agency, and one job classification even if they have multiple disciplines, such as Fire Fighter and Paramedic. The required listing of public safety personnel shall be by job classification from personnel, payroll and/or budgetary records. For classifications not listed, please use the additional lines within each category. EMERGENCY MEDICAL TECHNICIAN I EMERGENCY MEDICAL TECHNICIAN II PARAMEDIC LIFEGUARD I LIFEGUARD II LIFEGUARD III LIFEGUARD SERGEANT MARINE SAFETY LIEUTENANT LIFEGUARD CHIEF TOTAL FIRE FIGHTER FIRE ENGINEER FIRE CAPTAIN FIRE BATTALION CHIEF 16 10 9 4 Attachment B DIRECTOR OF EMERGENCY SERVICES TOTAL 1 40 HAZARDOUS MATERIALS SPECIALIST HAZARDOUS MATERIALS TECHNICIAN TOTAL 0 POLICE OFFICER 45 POLICE CORPORAL POLICE SERGEANT POLICE LIEUTENANT 21 14 ASSISTANT POLICE CHIEF POLICE CHIEF TOTAL 4 1 1 86 Office of Homeland Security Signature Authorization Form FY 2012 Homeland Security Grant Programs Jurisdiction: City of National City Date Signed: February 4, 2014 The below named personnel are authorized to request for reimbursement for the following Homeland Security Grant Programs: Urban Area Security Initiative (UASI). NAME (TYPED/PRINTED) SIGNA RE TELEPHONE NUMBER E-MAIL ADDRESS Frank Parra 619-346-4551 fparra Nationalcityca.gov Walter Amedee A A,9.t.a.-g— 619-336-4556 wamedee nationalcityca.gov This form supersedes all others for above indicated jurisdiction. Requests for reimbursement signed by staff not identified in this form will not be processed. Ron Morrison Authorized Agent Printed Name and Signature (619) 336-4233 Mail form to City of San Diego, Office of Homeland Security, 1010 2'd Avenue, Suite 1500, San Diego, CA 92101 Phone No. RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF NATIONAL CITY REGARDING FISCAL YEAR 2012 URBAN AREA SECURITY INITIATIVE GRANT FUNDING FOR EQUIPMENT AND TRAINING FOR POLICE AND FIRE PERSONNEL WHEREAS, the Urban Area Security Initiative ("UASI") Grant Program provides funding for equipment needed to respond to natural disasters or weapons of mass destruction terrorism incidents that may occur in the San Diego urban area; and WHEREAS, the City of National City is required to execute a Memorandum of Understanding with the City of San Diego Office of Homeland Security that documents the roles, responsibilities, and expectations at the local, State, and federal levels, and ensures that the City of National City, as a participant in the program, agrees to meet the State and federal requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Memorandum of Understanding with the City of San Diego Office of Homeland Security regarding the Fiscal Year 2012 Urban Area Security Initiative Grant Funding Program. Said Memorandum of Understanding is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of February, 2014. 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: February 4, 2014 AGENDA ITEM NO. 4 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Memorandum of Understanding between the City of San Diego Office of Homeland Security and the City of National City regarding FY13 Urban Area Security Initiative (UASI) Grant Funding for equipment and training for police and fire personnel. (Fire) PREPARED BY: Walter Amedee ( DEPARTMENT: Fi PHONE: (619) 336-4556 APPROVED BY: EXPLANATION: This Memorandum of Understanding documents roles, responsibilities, and expectations at the local, state, and federal levels and ensures that the City of National City, as a participant in the program, agrees to meet state and federal requirements. The Urban Area Security Initiative (UASI) grant provides funding for equipment and training needed to respond to natural or man-made disasters or terrorism incidents that may occur in the San Diego urban area. V FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Minor impact; the UASI Grant requires the City to request reimbursement for expenditures for training and equipment. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: !Staff recommends authorizing the Mayor to execute the MOU between the City of San Diego Office of Homeland Security and the City of National City regarding FY13 UASI grant funding. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: . MOU between the City of San Diego Office of Homeland Security and the City of National City regarding FY13 Urban Area Security Initiative (UASI) grant funding 2. Resolution MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE City of Nati tonal C.i ty REGARDING FY13 URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDING THIS MEMORANDUM OF UNDERSTANDING (MOU) is effective (effective date to be complete by City of San Diego City Attorney's Office) 20_, between THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY and The City of National City under the following terms and conditions: 1. The Participating Agency agrees to comply with the Grant Assurances for Urban Area Security Initiative (Attachment A). 2. The Participating Agency agrees to submit a Reimbursement Request Form by the 10th day of each month to request reimbursement for costs incurred in accordance with the UASI grant program guidelines. 3. The Participating Agency agrees to submit at the time of signing of this MOU, and on October 1 of each year thereafter, a verified confirmation of its public safety personnel by category and within the defmitions provided in item 3.1 below for each of those categories (Attar tment B). Public safety personnel shall only be counted in one category and on ob classification even if they have multiple disciplines, such as Fire Fight d Paramedic. The required listing of public safety personnel shall be by job classification from personnel, payroll and/or budgetary records by category in the format below. 3.1 Public safety personnel categories and definitions shall be as follows (civilian personnel shall not be counted): Fire Services (FS) - Personnel at the urban area jurisdiction level who are in personnel classifications which provide services as first responders and meet the Hazmat First Responder Operations level requirements of Title 29 of the Code of Federal Regulations (CFR) Section 1910.120(q) (29CFR section 1910.120(q)) and Title 8 California Code of Regulations (CCR) Section 5192. Law Enforcement (LE) — Personnel, in accordance with the provisions of California Penal Code Sections 830-832.17, who work for agencies at the local and municipal level with responsibility as sworn law enforcement officers. Emergency Medical Services (EMS) — Personnel and contractors who, on a full-time or part-time basis serve as first responders, Emergency Medical Technician (EMT) I, II or Paramedic on ground -based and aero- medical services to provide pre -hospital care, through ambulance service, 1 Memorandum of Understanding - Urban Area Security Initiative Grant Funding rescue squad, or medical engine company. Personnel must meet the requirements set forth in the California Code of Regulations Title 22. Social Security, Division 9. Pre -hospital Emergency Medical Services Chapter 2, 3 or 4. HazMat (HZ) — Personnel, full-time or part-time, who identify, characterize, or provide risk assessment, and mitigate/control the release of a hazardous substance or potentially hazardous substance as Hazardous Materials Specialists or Technicians and members of the Hazardous Incident Response Team. 4. The Participating Agency agrees to maintain all documentation supporting all expenditures reimbursed from grant funds, and ensure all expenditures are allowable under grant requirements. Recipients that expend $500,000 or more of federal funds during their respective fiscal year agree to submit an organization - wide financial and compliance audit report. The audit shall be performed in accordance with the U. S. General Accounting Office Government Auditing Standards and OMB Circular A-133 (Federal Grantor Agency: U. S. Department of Homeland Security; Pass -Through Agency: Office of Homeland Security; Program Title: Public Assistance Grants; Federal CFDA Number: 97.067). The records shall be maintained and retained in accordance with UASI grant requirements and shall be available for audit and inspection by the City and designated grant agent personnel. 5. The Participating Agency agrees that all its expenditures shall be in accordance with the pre -approved expenditure details as submitted to the City and approved by the State of California Office of Homeland Security (CA -OHS) and the U.S. Department of Homeland Security Office of Domestic Preparedness (ODP). Any deviations from the pre -approved list shall be submitted to the City for approval before making such expenditures. 6. The Participating Agency agrees to defend, indemnify, and hold harmless the City, its agents, officers, and employees, from and against all liability arising out of the Participating Agency's acts or omissions under this MOU. 7. The City agrees to defend, indemnify, and hold harmless the Participating Agency, its agents, officers, and employees, from and against all liability arising out of the City's acts or omissions under this MOU. 2 Memorandum of Understanding - Urban Area Security Initiative Grant Funding IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the City of San Diego Office of Homeland Security and the City of National City , by and through their authorized representatives. CITY OF SAN DIEGO (Signature) By: John Valencia Title: Program Manager City of National City (Juirisdiction) (Signature) By: Ron Morrison (Print) Title: Mayor I HEREBY APPROVE the form and legality of the foregoing Memorandum of Understanding this day of , 20_. JAN GOLDSMITH, City Attorney By: Deputy City Attorney 3 APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Attachment A California Governor's Office of Emergency Services FY 2013 UASI Grant Assurances (All HSGP Applicants) NameofApplicant: City of National City Address: 1243 National City Boulevard City: National City State: CA Zip Code: 919 5 0 Telephone Number: (619) 336-4550 Fax Number: (619) 336-4328 E-Mail Address: wamedeegnationalcityca.gov As the duly authorized representative of the Applicant, I certify that the Applicant named above: 1 Will assure that all allocations and use of funds under this grant will be in accordance with the Fiscal Year 2013 HSGP Funding Opportunity Announcement. 2. Will assure that grant funds will support efforts related to providing an integrated mechanism to enhance the coordination of national priority efforts to prepare for, prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies. 3. Has the legal authority to accept federal assistance and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and sub - granted through the State of California, California Governor's Office of Emergency Services (Cal OES). 4. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred between grant programs (for example: State Homeland Security Program and Urban Area Security Initiative) or fiscal years. 5. Will comply with any cost sharing commitments included in the FY2013 Investment Justifications submitted to DHS/FEMA/Cal OES, where applicable. 6. Will establish a proper accounting system in accordance with generally accepted accounting standards and awarding agency directives. 7. Will give the DHS/FEMA, the General Accounting Office, the Comptroller General of the United States, the Ca1 OES, the Office of Inspector General, through any authorized representatives, access to, and the right to examine, all paper or electronic records, books, and documents related to the award, and will permit access to its facilities, personnel and other individuals and information as may be necessary, as required by DHS/FEMA or Cal OES, through any authorized representative, with regard to examination of grant related records, accounts, documents, information and staff. 8. Will require any subrecipients, contractors, successors, transferees, and assignees to acknowledge and agree to comply with applicable provisions governing DHS/FEMA access to records, accounts, documents, information, facilities, and staff. a. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS/FEMA or Ca1 OES. b. Recipients must give DHS/FEMA and Cal OES access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to Page 1 Attachment A facilities, personnel, and other individuals and information as may be necessary, as required by DHS/FEMA and Ca1 OES program guidance, requirements, and applicable laws. c. Recipients must submit timely, complete, and accurate reports to the appropriate DHS/FEMA and Ca1 OES officials and maintain appropriate documentation to support these reports. d. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. e. If, during the past three years, the Recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the Recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS/FEMA/Cal OES awarding office and the DHS Office of Civil Rights and Civil Liberties. f. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the Recipient, or the Recipient settles a case or matter alleging such discrimination, Recipients must forward a copy of the complaint and findings to the DHS/FEMA Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. 9. Will comply with any other special reporting, assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement, or detailed in the program guidance. 10. Agrees that funds utilized to establish or enhance state and local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines, follow the federal and state approved privacy policies, and achieve (at a minimum) the baseline level of capability as defined by the Fusion Capability Planning Tool. 11. Will initiate and complete the work within the applicable timeframe, in accordance with grant award terms and requirements, after receipt of approval from Cal OES, and will maintain procedures to minimize the amount of time elapsing between the award of funds and the disbursement of funds. 12. Will provide timely, complete and accurate progress reports, and maintain appropriate documentation to support the reports, and other such information as may be required by the awarding agency, including the Initial Strategy Implementation Plan (ISIP), within 45 (forty-five) days of the award, and update these reports and related documentation via the Grant Reporting Tool (GRT) twice each year. 13. Will provide timely notifications to Cal OES of any developments that have a significant impact on award - supported activities, including changes to key program staff. 14. Agrees to be non -delinquent in the repayment of any federal debt. Examples of relevant debt may be found in OMB Circular A-129, form SF-424, item #17, and include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. 15. Will comply with the requirement of 31 U.S.C. Section 3729, which sets forth that no subgrantee, Recipient or subrecipient of federal payments shall submit a false claim for payment, reimbursement or advance. Administrative remedies may be found in 38 U.S.C. Section 3801-3812, addressing false claims and statements made. 16. Will comply with all federal and state laws, executive orders, regulations, program and administrative requirements, cost principles, audit requirements, policies and any other terms and conditions applicable to this award. 17. Will comply with all applicable provisions of DHS/FEMA's regulations, including Title 44 of the Code of Federal Regulations, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including the payment of interest earned on advances. Page 2 7mtials Attachment A 18. Will comply with Office of Management and Budget (OMB) Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (also known as the "A-102 Common Rule"), found under FEMA regulations at Title 44, Code of Federal Regulations (CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"; OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations, relocated to 2 CFR Part 215; requirements for allowable costs/cost principles in the A-102 Common Rule, OMB Circular A- 110 (2 CFR § 215.27); OMB Circular A-21, Cost Principles for Educational Institutions, relocated to 2 CFR Part 220; OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, relocated to 2 CFR Part 225; OMB Circular A-122, Cost Principles for Non -Profit Organizations, relocated to 2 CFR Part 230; and OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations, as applicable. 19. Will comply with all provisions of the Federal Acquisition Regulations including, but not limited to, Title 48 CFR Part 31.2, Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 20. Will comply with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limits the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 21. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of, personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business, or other connections. 22. Understands and agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from DHS/FEMA and Cal OES. 23. Will comply with all applicable lobbying prohibitions and laws, including those found in United States Code Title 31, § 1352, et seq., and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. 24. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority -owned, women -owned, or disadvantaged businesses, to the extent practicable. 25. Will comply with Title 2 of the Code of Federal Regulations regarding duplication of benefits, whereby any cost allocable to a particular federal award or cost objective under the principles provided for in this agreement may not be charged to other federal awards to overcome fund deficiencies. 26. Will ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. Subgrantees and subrecipients may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 27. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.), which prohibits the use of lead based paint in construction or rehabilitation of structures. 28. Will comply with all federal and state laws and regulations relating to civil rights protections and nondiscrimination. These include, but are not limited to: Page 3 Attachment A a. Title VI of the Civil Rights Act of 1964, Public Law 88-352,(42 U.S.C. § 2000d et seq.), , as amended, which prohibits discrimination on the basis of race, color and national origin. b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.), which prohibits discrimination on the basis of gender. c. The Americans with Disabilities Act, as amended, which prohibits Recipients from discriminating on the basis of disability (42 U.S.C. § 12101 et seq.). d. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability in any program receiving federal financial assistance. e. The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age. f. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse. g. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. h. Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records. i. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq., as implemented by 24 CFR Part 100), as amended, relating to nondiscrimination in the sale, rental and financing of housing. j. Title 44 of the Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination. k. The requirements of any other nondiscrimination provisions in the specific statute(s) under which the application for federal assistance is being made and any other applicable statutes. 1. Will, in the event that a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, gender, or disability against a Recipient of funds, the Recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. m. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. n. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements and all other provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1. 29. Will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91-646]), which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally -assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of federal participation in purchases. Will also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs. 30. Will comply with all provisions of DHS/FEMA's regulation 44 CFR Part 10, Environmental Considerations. 31. Will comply with all applicable federal, state, and local environmental and historical preservation (EHP) requirements. Failure to meet federal, state, and local EHP requirements and obtain applicable permits may jeopardize federal funding. Agrees not to undertake any project having the potential to impact EHP resources without the prior written approval of DHS/FEMA and Cal OES, including, but not limited to, ground disturbance, construction, modification to any structure, physical security enhancements, communications towers, any structure over 50 years old, and purchase and/or use of any sonar equipment. The subgrantee must comply with all conditions and restrictions placed on the project as a result of the EHP review. Any construction -related activities initiated without the necessary EHP review and approval will result in a noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA and Page 4 ', Attachment A Cal OES funding. Any change to the scope of work will require re-evaluation of compliance with the EHP. If ground -disturbing activities occur during the project implementation, the subgrantee must ensure monitoring of the disturbance. If any potential archeological resources are discovered, the subgrantee will immediately cease activity in that area and notify DHS/FEMA and Cal OES and the appropriate State Historic Preservation Office. 32. Any construction activities that have been initiated prior to the full environmental and historic preservation review could result in a non-compliance finding. Subgrantees must complete the DHS/FEMA EHP Screening Form (OMB Number 1660-0115/FEMA Form 024-0-01) and submit it, with all supporting documentation, to their Cal OES program representative, for processing by the DHS/FEMA Grants Program Directorate EHP. 33. Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award. The Screening Form for these types of projects is available at: www.fema.gov/doc/lgovernment/Qrant/bulletins/info329 final screening memo.doc 34. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Violating Facilities, and will notify Cal OES and the DHS/FEMA of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under consideration for listing by the EPA. 35. Will provide any information requested by DHS/FEMA and Cal OES to ensure compliance with applicable laws including, but not limited to, the following: a. Institution of environmental quality control measures under the Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), and Environmental Justice (EO12898) and Environmental Quality (EO11514). b. Notification of violating facilities pursuant to EO 11738. c. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § 1451 et seq.). d. Conformity of federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.). e. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523). f. California Environmental Quality Act (CEQA), California Public Resources Code Sections 21080- 21098, and California Code of Regulations, Title 14, Chapter 3 Sections 15000-15007. g. Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et.seq.) related to protecting components or potential components of the national wild and scenic rivers system. h. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.), which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System. 36. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, § 8607.1(e) and CCR Title 19, §§ 2445, 2446, 2447, and 2448. 37. Agrees that subgrantees and subrecipients collecting Personally Identifiable Information (PII) must have a publically-available privacy policy that describes what PII they collect, how they plan to use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate. Subgrantees and subrecipients may also find DHS Privacy Impact Assessments, guidance and templates online at http://www.dhs.gov/xlibrarv/assets/urivacy/privacy_pia fuidancejune2010.pdf and at http://www.dhsgov/xlibrary/assets/privacy/privacy_pia template.pdf, respectively. Page 5 tta➢s Attachment A 38. Agrees that all DHS/FEMA-funded project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, and approvals are obtained. 39. Will comply with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225(a), whereby all subgrantees, recipients, and subrecipients must ensure that all conference, meeting, convention, or training space, funded in whole or in part with federal funds, complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. § 2225. 40. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homelarui Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Security." The Recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." 41. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for federal government purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights of copyright to which a Recipient or sub -recipient purchases ownership with federal support. The Recipient agrees to consult with DHS/FEMA and Cal OES regarding the allocation of any patent rights that arise from, or are purchased with, this funding and has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the submitted application for federal assistance and after the receipt of federal financial assistance, through the State of California, agrees to the following: a. Promptly return tothe State of California all funds received which exceed the approved, actual expenditures as ktermined by the federal or state government. b. In the event the zroved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Property and equipment purchased under the HSGP reverts to Cal OES if the grant funds are deobligated or disallowed and not promptly repaid. d. HSGP funds used for the improvement of real property must be promptly repaid following deobligation or disallowment of costs, and Cal OES reserves the right to place a lien on the property for the amount owed. e. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per federal fiscal year. 42. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. §§ 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 43. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 44. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 45. Agrees that "Classified national security information," as defined in Executive Order (EO) 12958, as amended or updated via later executive order(s) , means information that has been determined pursuant to EO 12958 to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. No funding under this award shall be used to support a contract, Page 6 driitials' Attachment A subaward, or other agreement for goods or services that will include access to classified national security information if the Award Recipient has not been approved for and granted access to such information by appropriate authorities. 46. Agrees that where an Award Recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subrecipient, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the federal department or agency with whom the classified effort will be performed. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, and other applicable executive orders; the National Industrial Security Program Operating Manual (NISPOM); and other applicable implementing directives or instructions. Security requirement documents may be located at: http://www.dhs.gov/xonnbiz/grants/index.shtm 47. Immediately upon determination by the Award Recipient that funding under this award may be used to support a contract, subaward, or other agreement involving access to classified national security information pursuant to paragraph 47, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement, the Award Recipient shall contact ISPB, and the applicable federal department or agency, for approval and processing instructions. DHS Office of Security ISPB contact information: Telephone: 202-447-5346 Email: DD254AdministrativeSecurity@dhs.gov Mail: Department of Homeland Security Office of the Chief Security Officer ATTN: ASD/Industrial Security Program Branch Washington, D.C. 20528 48. Will comply with the requirements regarding Data Universal Numbering System (DUNS) numbers. If recipients are authorized to make subawards under this award, they must first notify potential subrecipients that no entity may receive or make a subaward to any entity unless the entity has provided a DUNS number. 49. For purposes of this award term, the following definitions will apply: a. "Data Universal Numbering System (DUNS)" number means the nine digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet, currently at http://feclgov.dnb.com/webform. b. "Entity", as it is used in this award term, means all of the following, as defined at 2 CFR Part 25, Subpart C, as a governmental organization, which is a state, local government, or Indian Tribe; or a foreign public entity; or a domestic or foreign nonprofit organization; or a domestic or foreign for - profit organization; or a federal agency, but only as a subrecipient under an award or subaward to a non-federal entity. c. "Subaward" means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the Recipient award to an eligible subrecipient. It does not include your procurement of property and services needed to carry out the project or program (for further explanation, see § 210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations") and may be provided through any legal agreement, including an agreement that you consider a contract. d. "Subrecipient" means an entity that receives a subaward from you under this award, and is accountable to you for the use of the federal funds provided by the subaward. Page 7 niti lss Attachment A 50. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally -assisted construction sub - agreements. 51. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement, in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the Applicant, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 52. Will comply with the financial and administrative requirements set forth in the current edition of the DHS Financial Management Guide. 53. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2013 Homeland Security Grant Program Funding Opportunity Announcement, and the California Supplement to the FY 2013 Homeland Security Grant Program Funding Opportunity Announcement. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2013 Homeland Security Grant Program application. Further, use of FY13 funds is limited to those investments included in the California FY13 Investment Justifications submitted to DHS/FEMA and Cal OES and evaluated through the peer review process. 54. Will comply with Homeland Security Presidential Directive (HSPD)-5, Management of Domestic Incidents. The adoption of the National Incident Management System (NIMS) is a requirement to receive federal preparedness assistance, through grants, contracts, and other activities. The NIMS provides a consistent nationwide template to enable all levels of government, tribal nations, nongovernmental organizations, and private sector partners to work together to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity. 55. Will comply with OMB Standard Form 424B Assurances —Non-construction Programs, whereby the awarding agency may require subgrantees and subrecipients to certify to additional assurances. 56. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension". As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions, the Applicant will provide protection against waste, fraud and abuse, by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. Applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency. b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. Page 8 �mrials" Attachment A c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and have not within a three-year period preceding this application had one or more public transactions (federal, state, or local) terminated for cause or default; and d. Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 57. Will comply with requirements to acknowledge federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. 58. Will comply with requirements that publications or other exercise of copyright for any work first produced under federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the government (e.g., classified information or other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing data first produced under this award, including those works published in academic, technical or professional journals, symposia proceedings, or similar works, the recipient grants the government a royalty -free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for government purposes in all such copyrighted works. The Recipient shall affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of government sponsorship (including award number) to any work first produced under an award. 59. Will obtain, via Cal OES, the prior approval from DHS on any use of the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 60. Will comply with the requirements of the Preference for U.S. Flag Air Cat;iers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942. 61. Will comply with the requirements of the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any federal agency agree to maintain a drug -free workplace. The Recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR 3001. 62. Wi11 comply with the requirements of the government -wide award term which implements § 106() f the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the Recipient or a subrecipient engages in severe forms of trafficking in persons during the period of time that the award is in effect, procures a commercial sex act during the period of time that the award is in effect; or uses forced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR § 175.15. 63. Wi11 comply with the requirements of Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance; national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, Page 9 8n►fifils , Attachment A Recipients must take reasonable steps to ensure that LEP persons have meaningful access to your programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For assistance and information regarding LEP obligations, go to http://www.lep.gov. 64. Will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order 11738, which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters is considered research for other purposes. 65. Will comply with the requirements of the federal regulations at 45 CFR Part 46 and the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable state and local law and is not directly regulated by 45 CFR Part 46. 66. Will comply with the requirements of the National Environmental Policy Act (NEPA), as amended, 42 U.S.C. § 4331 et seq., which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant -supported activities, DHS requires the environmental aspects of construction grants (and certain non -construction projects as specified by the Component and awarding office) to be reviewed and evaluated before final action on the application. 67. Will comply with the requirements of § 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate state or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 CFR Part 63. 68. Will comply with the requirements of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. § 4001 et seq.), which provides that no federal financial assistance to acquire, modernize, or construct property may be provided in identified flood -prone communities in the United States, unless the community participates in the National Flood Insurance Program and flood insurance is purchased within one year of the identification. The flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of flood -prone areas that are eligible for flood insurance are published in the Federal Register by FEMA. 69. Will comply with the requirements of Executive Order 11990, which provides that federally funded construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order provides that, in furtherance of § 101(b)(3) of NEPA (42 U.S.C. § 4331(b)(3)), federal agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction, and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use. In making this finding, the head of the agency may take into account economic, environmental, and other pertinent factors. The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands. This is codified at 44 CFR Part 9. 70. Will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, Page 10 amtial§ Attachment A bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. 71. Understands the reporting of subawards and executive compensation rules, including first tier subawards to Cal OES. a. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in federal funds that does not include Recovery funds (as defined in § 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, b. Where and when to report: you must report on each obligating action described in the following paragraphs to Cal OES. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2011, the obligation must be reported by no later than December 31, 2011.) c. What to report: You must report the information about each obligating action that the submission instructions posted in Information Bulletin 350, to Ca1 OES. To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomu.htm. Subgrantees must report subrecipient executive total compensation to Ca1 OES by the end of the month following the month during which you make the subaward. Exemptions include: If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report on subawards, and the total compensation of the five most highly compensated executives of any subrecipient. d. Reporting Total Compensation of Recipient Executives: You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if i. the total federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received 80 percent or more of your annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under § 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) iv. Subrecipient Executives. Unless you are exempt as provided above, for each first -tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if in the subrecipient's preceding fiscal year, the subrecipient received 80 percent or more of its annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts), and federal financial assistance subject to the Transparency Act (and subawards); and the public does not have access to information about the compensation of the executives through periodic reports filed under § 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986. 72. Understands that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. Page 11 thuti, s Attachment A The undersigned represents that he/she is authorized by the above named Applicant to enter into this agreement for and on behalf of the said Applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: Ron M o r r i s o n Title: Mayor Date: February 4, 2014 Page 12 Attachment B CERTIFICATION OF PUBLIC SAFETY PERSONNEL BY CATEGORY FY 13 UASI Date: February 4, 2014 Agency: City of National City Authorized Agent Name: Ron Morrison Authorized Agent Signature: Public safety personnel shall only be counted in one category, as defined in the Memorandum of Understanding between the City of San Diego and the participating agency, and one job classification even if they have multiple disciplines, such as Fire Fighter and Paramedic. The required listing of public safety personnel shall be by job classification from personnel, payroll and/or budgetary records. For classifications not listed, please use the additional lines within each category. EMERGENCY MEDICAL TECHNICIAN I EMERGENCY MEDICAL TECHNICIAN II PARAMEDIC LIFEGUARD I LIFEGUARD II LIFEGUARD III LIFEGUARD SERGEANT MARINE SAFETY LIEUTENANT LIFEGUARD CHIEF TOTAL FIRE FIGHTER FIRE ENGINEER FIRE CAPTAIN FIRE BATTALION CHIEF 0 16 10 9 4 Attachment B DIRECTOR OF EMERGENCY SERVICES TOTAL 1 HAZARDOUS MATERIALS SPECIALIST 40 HAZARDOUS MATERIALS TECHNICIAN TOTAL 0 POLICE OFFICER POLICE CORPORAL POLICE SERGEANT POLICE LIEUTENANT ASSISTANT POLICE CHIEF 45 21 14 POLICE CHIEF TOTAL 4 1 1 86 Office of Homeland Security Signature Authorization Form FY 2013 Homeland Security Grant Programs Jurisdiction: City of National City Date Signed: February 4, 2014 The below named personnel are authorized to request for reimbursement for the following Homeland Security Grant Programs: Urban Area Security Initiative (UASI). NAME (TYPED/PRINTED) NAT TELEPHONE NUMBER E-MAIL ADDRESS Frank Parra 619-336-4551 fparraGriationalcityca.gov wamedee®nationalcityca.gov Walter Amedee A2ia 61Q-336-455h This form supersedes all others for above indicated jurisdiction. Requests for reimbursement signed by staff not identified in this form will not be processed. Ron Morrison Authorized Agent Printed Name and Signature (619) 336-4233 Mail form to City of San Diego, Office of Homeland Security, 1010 2❑d Avenue, Suite 1500, San Diego, CA 92101 Phone No. RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF NATIONAL CITY REGARDING FISCAL YEAR 2013 URBAN AREA SECURITY INITIATIVE GRANT FUNDING FOR EQUIPMENT AND TRAINING FOR POLICE AND FIRE PERSONNEL WHEREAS, the Urban Area Security Initiative ("UASI") Grant Program provides funding for equipment needed to respond to natural disasters or weapons of mass destruction terrorism incidents that may occur in the San Diego urban area; and WHEREAS, the City of National City is required to execute a Memorandum of Understanding with the City of San Diego Office of Homeland Security that documents the roles, responsibilities, and expectations at the local, State, and federal levels, and ensures that the City of National City, as a participant in the program, agrees to meet the State and federal requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Memorandum of Understanding with the City of San Diego Office of Homeland Security regarding the Fiscal Year 2013 Urban Area Security Initiative Grant Funding Program. Said Memorandum of Understanding is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of February, 2014. 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: February 4, 2014 AGENDA ITEM NO. 5 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Grant Assurances for the FY13 State Homeland Security Grant Program for equipment, training, exercises, and planning for police and fire personnel. (Fire) PREPARED BY: Walter Amedee DEPARTMENT: Fir PHONE: 619-336-4556 APPROVED BY: EXPLANATION: The FY13 State Homeland Security Grant Program was designed to supplement the purchase of equipment, training, exercises, and planning for police and fire personnel. The San Diego County Office of Emergency Services coordinates requests for equipment, training, exercises, and planning on behalf of the City of National City. In order to receive grant funds, National City must authorize the submission of the Grant Assurances for the FY13 State Homeland Security Grant Program. The FY13 State Homeland Security Grant Program is a reimbursable grant that requires jurisdictions to incur expenses prior to being reimbursed for expenditures by the San Diego County Office of Emergency Services. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. 282-411-943-355-0000 & 282-412-943-355-0000 APPROVED: MIS No negative impact; FY13 State Homeland Security Grant Program is a reimbursable grant that requires jurisdictions to incur expenses prior to being reimbursed for expenditures. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends authorizing the Mayor to execute the Grant Assurances for the FY13 State Homeland Security Grant Program. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: California Governor's Office of Emergency Services FY2013 Grant Assurances Resolution California Governor's Office of Emergency Services FY 2013 Grant Assurances (All HSGP Applicants) NameofApplicant: City of National City Address: 1243 National City Boulevard City: National City State: C A Zip Code: 91950 Telephone Number: (619) 336-4550 Fax Number: (619) 336-4328 E-Mail Address: wamedeeanationalcityca.gov As the duly authorized representative of the Applicant, I certify that the Applicant named above: 1. Will assure that all allocations and use of funds under this grant will be in accordance with the Fiscal Year 2013 HSGP Funding Opportunity Announcement. 2. Will assure that grant funds will support efforts related to providing an integrated mechanism to enhance the coordination of national priority efforts to prepare for, prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies. 3. Has the legal authority to apply for federal assistance and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and sub - granted through the State of Califomia, California Governor's Office of Emergency Services (Cal OES). 4. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred between grant programs (for example: State Homeland Security Program and Urban Area Security Initiative) or fiscal years. 5. Will comply with any cost sharing commitments included in the FY2013 Investment Justifications submitted to DHS/FEMA/Cal OES, where applicable. 6. Will establish a proper accounting system in accordance with generally accepted accounting standards and awarding agency directives. 7. Will give the DHS/FEMA, the General Accounting Office, the Comptroller General of the United States, the Cal OES, the Office of Inspector General, through any authorized representatives, access to, and the right to examine, all paper or electronic records, books, and documents related to the award, and will permit access to its facilities, personnel and other individuals and information as may be necessary, as required by DHS/FEMA or Cal OES, through any authorized representative, with regard to examination of grant related records, accounts, documents, information and staff. 8. Will require any subrecipients, contractors, successors, transferees, and assignees to acknowledge and agree to comply with applicable provisions governing DHS/FEMA access to records, accounts, documents, information, facilities, and staff. a. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS/FEMA or Ca1 OES. b. Recipients must give DHS/FEMA and Ca1 OES access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to Page 1 Initials facilities, personnel, and other individuals and information as may be necessary, as required by DHS/FEMA and Cal OES program guidance, requirements, and applicable laws. c. Recipients must submit timely, complete, and accurate reports to the appropriate DHS/FEMA and Cal OES officials and maintain appropriate documentation to support these reports. d. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. e. If, during the past three years, the Recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the Recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS/FEMA/Cal OES awarding office and the DHS Office of Civil Rights and Civil Liberties. f. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the Recipient, or the Recipient settles a case or matter alleging such discrimination, Recipients must forward a copy of the complaint and findings to the DHS/FEMA Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. 9. Will comply with any other special reporting, assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement, or detailed in the program guidance. 10. Agrees that funds utilized to establish or enhance state and local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines, follow the federal and state approved privacy policies, and achieve (at a minimum) the baseline level of capability as defined by the Fusion Capability Planning Tool. 11. Will initiate and complete the work within the applicable timeframe, in accordance with grant award terms and requirements, after receipt of approval from Cal OES, and will maintain procedures to minimize the amount of time elapsing between the award of funds and the disbursement of funds. 12. Will provide timely, complete and accurate progress reports, and maintain appropriate documentation to support the reports, and other such information as may be required by the awarding agency, including the Initial Strategy Implementation Plan (ISIP), within 45 (forty-five) days of the award, and update these reports and related documentation via the Grant Reporting Tool (GRT) twice each year. 13. Will provide timely notifications to Cal OES of any developments that have a significant impact on award - supported activities, including changes to key program staff. 14. Agrees to be non -delinquent in the repayment of any federal debt. Examples of relevant debt may be found in OMB Circular A-129, form SF-424, item #17, and include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. 15. Will comply with the requirement of 31 U.S.C. Section 3729, which sets forth that no subgrantee, Recipient or subrecipient of federal payments shall submit a false claim for payment, reimbursement or advance. Administrative remedies may be found in 38 U.S.C. Section 3801-3812, addressing false claims and statements made. 16. Will comply with all federal and state laws, executive orders, regulations, program and administrative requirements, cost principles, audit requirements, policies and any other terms and conditions applicable to this award. 17. Will comply with all applicable provisions of DHS/FEMA's regulations, including Title 44 of the Code of Federal Regulations, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including the payment of interest eamed on advances. Page 2 Initials 18. Will comply with Office of Management and Budget (OMB) Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (also known as the "A-102 Common Rule"), found under FEMA regulations at Title 44, Code of Federal Regulations (CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"; OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations, relocated to 2 CFR Part 215; requirements for allowable costs/cost principles in the A-102 Common Rule, OMB Circular A- 110 (2 CFR § 215.27); OMB Circular A-21, Cost Principles for Educational Institutions, relocated to 2 CFR Part 220; OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, relocated to 2 CFR Part 225; OMB Circular A-122, Cost Principles for Non -Profit Organizations, relocated to 2 CFR Part 230; and OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations, as applicable. 19. Will comply with all provisions of the Federal Acquisition Regulations including, but not limited to, Title 48 CFR Part 31.2, Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 20. Will comply with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limits the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 21. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of, personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business, or other connections. 22. Understands and agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from DHS/FEMA and Cal OES. 23. Will comply with all applicable lobbying prohibitions and laws, including those found in United States Code Title 31, § 1352, et seq., and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. 24. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority -owned, women -owned, or disadvantaged businesses, to the extent practicable. 25. Will comply with Title 2 of the Code of Federal Regulations regarding duplication of benefits, whereby any cost allocable to a particular federal award or cost objective under the principles provided for in this agreement may not be charged to other federal awards to overcome fund deficiencies. 26. Will ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. Subgrantees and subrecipients may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 27. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.), which prohibits the use of lead based paint in construction or rehabilitation of structures. 28. Will comply with all federal and state laws and regulations relating to civil rights protections and nondiscrimination. These include, but are not limited to: Page 3 Initials a. Title VI of the Civil Rights Act of 1964, Public Law 88-352,(42 U.S.C. § 2000d et seq.), , as amended, which prohibits discrimination on the basis of race, color and national origin. b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.), which prohibits discrimination on the basis of gender. c. The Americans with Disabilities Act, as amended, which prohibits Recipients from discriminating on the basis of disability (42 U.S.C. § 12101 et seq.). d. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability in any program receiving federal financial assistance. e. The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.), which prohibits discrimination on the basis of age. f. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse. g. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. h. Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records. i. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq., as implemented by 24 CFR Part 100), as amended, relating to nondiscrimination in the sale, rental and financing of housing. j. Title 44 of the Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination. k. The requirements of any other nondiscrimination provisions in the specific statute(s) under which the application for federal assistance is being made and any other applicable statutes. 1. Will, in the event that a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, gender, or disability against a Recipient of funds, the Recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. m. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. n. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements and all other provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1. 29. Will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91-646]), which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally -assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of federal participation in purchases. Will also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs. 30. Will comply with all provisions of DHS/FEMA's regulation 44 CFR Part 10, Environmental Considerations. 31. Will comply with all applicable federal, state, and local environmental and historical preservation (EHP) requirements. Failure to meet federal, state, and local EHP requirements and obtain applicable permits may jeopardize federal funding. Agrees not to undertake any project having the potential to impact EHP resources without the prior written approval of DHS/FEMA and Cal OES, including, but not limited to, ground disturbance, construction, modification to any structure, physical security enhancements, communications towers, any structure over 50 years old, and purchase and/or use of any sonar equipment. The subgrantee must comply with all conditions and restrictions placed on the project as a result of the EHP review. Any construction -related activities initiated without the necessary EHP review and approval will result in a noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA and Page 4 Initials Cal OES funding. Any change to the scope of work will require re-evaluation of compliance with the EHP. If ground -disturbing activities occur during the project implementation, the subgrantee must ensure monitoring of the disturbance. If any potential archeological resources are discovered, the subgrantee will immediately cease activity in that area and notify DHS/FEMA and Cal OES and the appropriate State Historic Preservation Office. 32. Any construction activities that have been initiated prior to the full environmental and historic preservation review could result in a non-compliance finding. Subgrantees must complete the DHS/FEMA EHP Screening Form (OMB Number 1660-0115/FEMA Form 024-0-01) and submit it, with all supporting documentation, to their Cal OES program representative, for processing by the DHS/FEMA Grants Program Directorate EHP. 33. Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award. The Screening Form for these types of projects is available at: www.fema.gov/doc/government/grant/bulletins/info329 final screening memo.doc 34. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Violating Facilities, and will notify Cal OES and the DHS/FEMA of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under consideration for listing by the EPA. 35. Will provide any information requested by DHS/FEMA and Cal OES to ensure compliance with applicable laws including, but not limited to, the following: a. Institution of environmental quality control measures under the Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), and Environmental Justice (EO12898) and Environmental Quality (EO11514). b. Notification of violating facilities pursuant to EO 11738. c. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § 1451 et seq.). d. Conformity of federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.). e. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523). f. California Environmental Quality Act (CEQA), California Public Resources Code Sections 21080- 21098, and California Code of Regulations, Title 14, Chapter 3 Sections 15000-15007. g. Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et.seq.) related to protecting components or potential components of the national wild and scenic rivers system. h. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.), which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System. 36. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, § 8607.1(e) and CCR Title 19, §§ 2445, 2446, 2447, and 2448. 37. Agrees that subgrantees and subrecipients collecting Personally Identifiable Information (PII) must have a publically-available privacy policy that describes what PII they collect, how they plan to use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate. Subgrantees and subrecipients may also find DHS Privacy Impact Assessments, guidance and templates online at http://www.dhs.gov/xlibrarv/assets/lmvacv/nrivacy_pia fiudancejune2010.pdf and at http://www.dhs.gov/xlibrarv/assets/privacy/privacy_pia template.pdf, respectively. Page 5 Initials 38. Agrees that all DHS/FEMA-funded project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, and approvals are obtained. 39. Will comply with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225(a), whereby all subgrantees, recipients, and subrecipients must ensure that all conference, meeting, convention, or training space, funded in whole or in part with federal funds, complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. § 2225. 40. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies ofFEMA's Grant Programs Directorate or the U.S. Department of Homeland Security." The Recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." 41. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for federal government purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights of copyright to which a Recipient or sub -recipient purchases ownership with federal support. The Recipient agrees to consult with DHS/FEMA and Cal OES regarding the allocation of any patent rights that arise from, or are purchased with, this funding and has requested through the State of California, federal financial assistance to be used to perform eligible work approved in the submitted application for federal assistance and after the receipt of federal financial assistance, through the State of California, agrees to the following: a. Promptly return to the State of California all funds received which exceed the approved, actual expenditures as determined by the federal or state government. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Property and equipment purchased under the HSGP reverts to Cal OES if the grant funds are deobligated or disallowed and not promptly repaid. d. HSGP funds used for the improvement of real property must be promptly repaid following deobligation or disallowment of costs, and Cal OES reserves the right to place a lien on the property for the amount owed. e. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per federal fiscal year. 42. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. §§ 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 43. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 44. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 45. Agrees that "Classified national security information," as defined in Executive Order (EO) 12958, as amended or updated via later executive order(s) , means information that has been determined pursuant to EO 12958 to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. No funding under this award shall be used to support a contract, Page 6 Initials subaward, or other agreement for goods or services that will include access to classified national security information if the Award Recipient has not been approved for and granted access to such information by appropriate authorities. 46. Agrees that where an Award Recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subrecipient, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the federal department or agency with whom the classified effort will be performed. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, and other applicable executive orders; the National Industrial Security Program Operating Manual (NISPOM); and other applicable implementing directives or instructions. Security requirement documents may be located at: http://www.dhs.gov/xopnbiz/erants/index.shtm 47. Immediately upon determination by the Award Recipient that funding under this award may be used to support a contract, subaward, or other agreement involving access to classified national security information pursuant to paragraph 47, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement, the Award Recipient shall contact ISPB, and the applicable federal department or agency, for approval and processing instructions. DHS Office of Security ISPB contact information: Telephone: 202-447-5346 Email: DD254AdministrativeSecurity@dhs.gov Mail: Department of Homeland Security Office of the Chief Security Officer ATTN: ASD/Industrial Security Program Branch Washington, D.C. 20528 48. Will comply with the requirements regarding Data Universal Numbering System (DUNS) numbers. If recipients are authorized to make subawards under this award, they must first notify potential subrecipients that no entity may receive or make a subaward to any entity unless the entity has provided a DUNS number. 49. For purposes of this award term, the following definitions will apply: a. "Data Universal Numbering System (DUNS)" number means the nine digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet, currently at http://fedgov.dnb.com/webfonn. b. "Entity", as it is used in this award term, means all of the following, as defined at 2 CFR Part 25, Subpart C, as a governmental organization, which is a state, local government, or Indian Tribe; or a foreign public entity; or a domestic or foreign nonprofit organization; or a domestic or foreign for - profit organization; or a federal agency, but only as a subrecipient under an award or subaward to a non-federal entity. c. "Subaward" means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the Recipient award to an eligible subrecipient. It does not include your procurement of property and services needed to carry out the project or program (for further explanation, see § 210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations") and may be provided through any legal agreement, including an agreement that you consider a contract. d. "Subrecipient" means an entity that receives a subaward from you under this award, and is accountable to you for the use of the federal funds provided by the subaward. Page 7 Initials 50. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally -assisted construction sub - agreements. 51. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement, in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the Applicant, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 52. Will comply with the financial and administrative requirements set forth in the current edition of the DHS Financial Management Guide. 53. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2013 Homeland Security Grant Program Funding Opportunity Announcement, and the California Supplement to the FY 2013 Homeland Security Grant Program Funding Opportunity Announcement. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2013 Homeland Security Grant Program application. Further, use of FY13 funds is limited to those investments included in the California FY13 Investment Justifications submitted to DHS/FEMA and Cal OES and evaluated through the peer review process. 54. Will comply with Homeland Security Presidential Directive (HSPD)-5, Management of Domestic Incidents. The adoption of the National Incident Management System (NIMS) is a requirement to receive federal preparedness assistance, through grants, contracts, and other activities. The NIMS provides a consistent nationwide template to enable all levels of government, tribal nations, nongovernmental organizations, and private sector partners to work together to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity. 55. Will comply with OMB Standard Form 424B Assurances — Non -construction Programs, whereby the awarding agency may require subgrantees and subrecipients to certify to additional assurances. 56. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension". As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions, the Applicant will provide protection against waste, fraud and abuse, by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. Applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency. b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. Page 8 Initials c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and have not within a three-year period preceding this application had one or more public transactions (federal, state, or local) terminated for cause or default; and d. Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 57. Will comply with requirements to acknowledge federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. 58. Will comply with requirements that publications or other exercise of copyright for any work first produced under federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the government (e.g., classified information or other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing data first produced under this award, including those works published in academic, technical or professional journals, symposia proceedings, or similar works, the recipient grants the government a royalty -free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for government purposes in all such copyrighted works. The Recipient shall affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of government sponsorship (including award number) to any work first produced under an award. 59. Will obtain, via Cal OES, the prior approval from DHS on any use of the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 60. Will comply with the requirements of the Preference for U.S. Flag Air Carriers:,ravel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942. 61. Will comply with the requirements of the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any federal agency agree to maintain a drug -free workplace. The Recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR 3001. 62. Will comply with the requirements of the government -wide award term which implements § 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the Recipient or a subrecipient engages in severe forms of trafficking in persons during the period of time that the award is in effect, procures a commercial sex act during the period of time that the award is in effect; or uses forced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR § 175.15. 63. Will comply with the requirements of Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance; national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, Page 9 Initials Recipients must take reasonable steps to ensure that LEP persons have meaningful access to your programs. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For assistance and information regarding LEP obligations, go to http://www.lep.gov. 64. Will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order 11738, which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters is considered research for other purposes. 65. Will comply with the requirements of the federal regulations at 45 CFR Part 46 and the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable state and local law and is not directly regulated by 45 CFR Part 46. 66. Will comply with the requirements of the National Environmental Policy Act (NEPA), as amended, 42 U.S.C. § 4331 et seq., which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant -supported activities, DHS requires the environmental aspects of construction grants (and certain non -construction projects as specified by the Component and awarding office) to be reviewed and evaluated before final action on the application. 67. Will comply with the requirements of § 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate state or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 CFR Part 63. 68. Will comply with the requirements of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. § 4001 et seq.), which provides that no federal financial assistance to acquire, modernize, or construct property may be provided in identified flood -prone communities in the United States, unless the community participates in the National Flood Insurance Program and flood insurance is purchased within one year of the identification. The flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of flood -prone areas that are eligible for flood insurance are published in the Federal Register by FEMA. 69. Will comply with the requirements of Executive Order 11990, which provides that federally funded construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order provides that, in furtherance of § 101(b)(3) of NEPA (42 U.S.C. § 4331(b)(3)), federal agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction, and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use. In making this finding, the head of the agency may take into account economic, environmental, and other pertinent factors. The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands. This is codified at 44 CFR Part 9. 70. Will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, Page 10 Initials bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. 71. Understands the reporting of subawards and executive compensation rules, including first tier subawards to Cal OES. a. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in federal funds that does not include Recovery funds (as defined in § 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, b. Where and when to report: you must report on each obligating action described in the following paragraphs to Cal OES. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2011, the obligation must be reported by no later than December 31, 2011.) c. What to report: You must report the information about each obligating action that the submission instructions posted in Information Bulletin 350, to Cal OES. To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at httu://www.sec.gov/answers/execomp.htm. Subgrantees must report subrecipient executive total compensation to Cal OES by the end of the month following the month during which you make the subaward. Exemptions include: If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report on subawards, and the total compensation of the five most highly compensated executives of any subrecipient. d. Reporting Total Compensation of Recipient Executives: You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if i. the total federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received 80 percent or more of your annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under § 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.govianswers/execomp.htm.) iv. Subrecipient Executives. Unless you are exempt as provided above, for each fast -tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if in the subrecipient's preceding fiscal year, the subrecipient received 80 percent or more of its annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from federal procurement contracts (and subcontracts), and federal financial assistance subject to the Transparency Act (and subawards); and the public does not have access to information about the compensation of the executives through periodic reports filed under § 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986. 72. Understands that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. Page 11 Initials The undersigned represents that he/she is authorized by the above named Applicant to enter into this agreement for and on behalf of the said Applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: Ro n Mo r r i s on Title: Mayor Date: February 4, 2014 Page 12 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE GRANT ASSURANCES FOR THE FISCAL YEAR 2013 STATE HOMELAND SECURITY GRANT PROGRAM TO RECEIVE REIMBURSABLE GRANT FUNDS FOR THE PURCHASE OF EQUIPMENT, TRAINING, EXERCISES, AND PLANNING FOR POLICE AND FIRE PERSONNEL WHEREAS, the Fiscal Year 2013 Homeland Security Grant Program ("Grant Program") consists of the State Homeland Security Program ("SHSP"), the Law Enforcement Terrorism Prevention Program ("LETPP"), and the Metropolitan Medical Response Systems ("MMRS") and provides reimbursable grant funds to supplement the purchase of equipment, training, exercises, and planning for police and fire personnel; and WHEREAS, the Grant Program is a reimbursable grant that requires jurisdictions to incur expenses prior to being reimbursed for expenditures by the San Diego County Office of Emergency Services; and WHEREAS, the City of National City's share of the grant funds for the purchase of equipment is $44,565; and WHEREAS, in order to receive these grant funds, the City of National City must submit Grant Assurances for the Homeland Security Grant Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Grant Assurances from the Fiscal Year 2013 Homeland Security Grant Program to receive reimbursable grant funds for the purchase of equipment, training, exercises, and planning for police and fire personnel. PASSED and ADOPTED this 4th day of February, 2014. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 4, 2014 AGENDA ITEM NO.6' ITEM TITLE: "Resolution of the City of City of National City authorizing a reimbursable grant in the amount of $44,565 from the FY13 State Homeland Security Grant Program for the purchase of equipment for the Police and Fire Departments, and authorizing the establishment of an appropriation and corresponding revenue budget" (FIRE) PREPARED BY: UValter Amedee DEPARTMENT: Fire PHONE: 619-336-4556 APPROVED BY: EXPLANATION: The FY13 State Homeland Security Grant Program was designed to supplement the purchase of equipment, training, exercises, and planning for police and fire personnel. The San Diego County Office of Emergency Services coordinates the requests for equipment, training, exercises, and planning. National City's portion of the grant totaled $44,565 for equipment. The equipment funds will be divided evenly between the City's Police and Fire Department. This grant program requires the City to incur expenses, and then apply for reimbursement. In order to be eligible for reimbursement, the Police and Fire Department must purchase and/or receive the items prior to the December 31, 2014 deadline. Staff recommends the utilization of $44,565 of City funds for equipment for the Police and Fire Department, and to request reimbursement for such expenses from the San Diego County Office of Emergency Services. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. 282-411-943-355-0000 & 282-412-943-355-0000 APPROVED: MIS No negative impact; FY13 State Homeland Security Grant Program is a reimbursable grant that requires jurisdictions to incur expenses prior to being reimbursed for expenditures. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends the utilization of $44,565 of City funds for the Police Department and Fire Department. Direct Staff to submit reimbursement forms to the San Diego County Office of Emergency Services. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: FY13 SHSG Approved Allocation Resolution FY 2013 STATE HOMELAND SECURITY PROGRAM GRANT (SHSPG) APPROVED ALLOCATION 16,271 29,687 5,994 17,127 21,409 9,563 11,561 28,830 54,791 120,321 15,722 6,939 51,503 32,906 78,828 17,305 31,958 16,840 33,004 83,298 DECLINED FY13 261,042 17,841 51,168 32,375 11,012 58,539 11,954 11,152 6,726 10,567 DECLINED FY13 6,647 DECLINED FY13 324,410 28,321 19,427 61,607 12,737 1,365,558 71,062 150,008 21,716 6,939 68,630 32,906 100,237 17,305 41,521 16,840 44,565 112,128 261,042 51,168 32,375 11,012 58,539 17,841 11,954 11,152 6,726 10,567 6,647 28,321 19,427 61,607 12,737 1,365,558 324,410 Notes: *Personnel Cap: Each jurisdiction's allocation has a personnel cap of 50%. *San Diego Sheriff includes: Unincorporated San Diego County and the contracted cities of Del Mar, Encinitas, Imperial Beach, Lemon Grove, Poway, San Marcos, Santee, Solana Beach and Vista. RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION OF FUNDS AND ESTABLISHING A CORRESPONDING REVENUE BUDGE IN THE AMOUNT OF $44,565 FOR THE REIMBURSABLE GRANT PURCHASE OF EQUIPMENT FOR THE POLICE AND FIRE DEPARTMENTS FROM THE FISCAL YEAR 2013 STATE HOMELAND SECURITY GRANT PROGRAM WHEREAS, the Fiscal Year 2013 Homeland Security Grant Program ("Grant Program") consists of the State Homeland Security Program ("SHSP"), the Law Enforcement Terrorism Prevention Program ("LETPP"), and the Metropolitan Medical Response Systems ("MMRS") and provides reimbursable grant funds to supplement the purchase of equipment, training, exercises, and planning for police and fire personnel; and WHEREAS, the Grant Program is a reimbursable grant that requires jurisdictions to incur expenses prior to being reimbursed for expenditures by the San Diego County Office of Emergency Services; and WHEREAS, the City of National City's share of the grant funds for the purchase of equipment is $44,565; and WHEREAS, the Police and Fire Departments must purchase and/or receive the equipment prior to the deadline of December 31, 2014. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the appropriation of funds and a corresponding revenue budget in the amount of $44,565 for the purchase of equipment for the Police and Fire Departments. BE IT FURTHER RESOLVED that staff is directed to request reimbursement of Fiscal Year 2013 Homeland Security Grant Program funds in the amount of $44,565 from the San Diego County Office of Emergency Services. PASSED and ADOPTED this 4th day of February, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 'February 4, 2014 AGENDA ITEM NO. !7 ITEM TITLE: !Resolution of the City Council of the City of National City approving the reallocation of $70,000 in Community Development Block Grant (CDBG) funds to the FY 2013-2014 CDBG Project titled George H. Waters Nutrition Center Program to complete the installation of a walk-in refrigerator unit and repairs to the heating, ventilation, and air conditioning system. PREPARED BY: !Carlos Aguirre, Comm. Dev. Manager! f DEPARTMENT: Housing, Grant 8) Asset PHONE: '(619) 336-43911 Management EXPLANATION: APPROVED BY: 1-he George H. Waters Nutrition Center was awarded $75,000 in Community Development Block Grant (CDBG) funds in FY2013-14 to replace a walk-in refrigerator unit by the City Council. URS Corporation has proposed to manage the removal and installation of the walk-in refrigerator unit for the City of National City. However, URS estimates that the hard costs for removing and replacing the refrigerator, including renting a temporary refrigerator unit is $80,000. Additional soft costs of $18,720 will need to be budgeted for URS to manage the installation of the refrigerator unit. The Nutrition Center is also in need of heating, ventilation, and air conditioning (HVAC) system repairs. The repairs to the HVAC system will cost approximately $35,000. URS has quoted the City $11,256 to manage the HVAC system repairs. The additional appropriation of $70,000 requested will help cover the total cost of installing the walk-in refrigerator unit and repairs to the HVAC system. The total cost of the project will be $145,000. Funds for the additional appropriation are available for reallocation from remaining balances in the FY 2012- 2013 CDBG Fair Housing Program ($17,495.61) and from FY 2012-2013 CDBG Administrative Funds ($52,504.39).1 FINANCIAL STATEMENT: ACCOUNT NO. 001-409-500-598-0000 An additional $70,000 will be appropriated in FY13-14 to account 301-409-500-598-0000 from remaining balances in prior year CDBG program allocations identified in the explanation above. ENVIRONMENTAL REVIEW: (The project is considered exempt from NEPA environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: None. RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE REALLOCATION OF $70,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO THE FY 2013-2014 CDBG PROJECT TITLED GEORGE H. WATERS NUTRITION CENTER PROGRAM TO COMPLETE THE INSTALLATION OF A WALK-IN REFRIGERATOR UNIT AND REPAIRS TO THE HEATING, VENTILATION, AND AIR CONDITIONING SYSTEM WHEREAS, on May 7, 2013 the City Council awarded $75,000 in FY2013-14 Community Development Block Grant (CDBG) funds to the George H. Waters Nutrition Center to replace a walk-in refrigerator unit; and WHEREAS, URS Corporation (URS) is a qualified engineering firm currently contracted by the City of National City to assist with engineering and capital improvement projects; and WHEREAS, URS has proposed to manage the removal and installation of the walk-in refrigerator unit for the City of National City for the estimated total cost of $98,720 for removing and replacing the refrigerator, including renting a temporary refrigerator unit and project management fees; and WHEREAS, the Nutrition Center is also in need of heating, ventilation, and air conditioning (HVAC) system repairs that will cost approximately $46,256; and WHEREAS, the project requires an additional $70,000 to help cover the total cost of installing the walk-in refrigerator unit and repairs to the HVAC system for a grand total cost of $145,000; and WHEREAS, a public hearing will not be required for the reallocation of funds per the adopted Public Participation Plan for CDBG and HOME since there is no substantial change to the scope of the funded activity as previously awarded by the City Council; and WHEREAS, funds for the additional appropriation are available for reallocation from remaining balances in the FY 2012-2013 CDBG Fair Housing Program in the amount of $17,495.61 and from FY 2012-2013 CDBG Administrative Funds in the amount of $52,504.39. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the reallocation of CDBG funds and the increase in appropriation in the amount of $70,000 to the FY 2013-2014 George H. Waters Nutrition Center Program project under account number 301-409-500-598-0000. PASSED and ADOPTED this 4th day of February, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 4, 2014 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of the City Council of the City of National City adopting a Quality Assurance Program (QAP) that provides sampling and testing procedures to ensure that materials incorporated into construction projects are in conformance with the contract specifications and Caltrans requirements for federal -aid projects PREPARED BY: Stephen Manganiello DEPARTMENT: Engineering & Public Works PHONE: 336-4382 APPROVED BY: EXPLANATION: Caltrans requires that all agencies receiving Federal -Aid funds through transportation grant programs adopt a Quality Assurance Program (QAP). Currently, the Engineering Division includes quality assurance procedures for materials sampling and testing as part of the contract specifications for individual capital improvement projects. The attached QAP summarizes these procedures and also includes forms and procedures established by Caltrans as part of their "Quality Assurance Program (QAP) Manual for Use by Local Agencies" to ensure compliance with the latest Federal and State requirements. 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. Quality Assurance Program QUALITY ASSURANCE PROGRAM (QAP) CITY OF NATIONAL CITY The purpose of this program is to provide assurance that the materials incorporated into the construction projects are in conformance with the contract specifications. This program should be updated every five years or more frequent if there are changes of the testing frequencies or to the tests themselves. To accomplish this purpose, the following terms and definitions will be used: DEFINITION OF TERMS • Acceptance Testing (AT) — Sampling and testing, or inspection, to determine the degree of compliance with contract requirements. • Independent Assurance Program (IAP) — Verification that AT is being performed correctly by qualified testers and laboratories. • Ouality Assurance Program (OAP) — A sampling and testing program that will provide assurance that the materials and workmanship incorporated into the construction project are in conformance with the contract specifications. The main elements of a QAP are the AT, and IAP. • Source Inspection — AT of manufactured and prefabricated materials at locations other than the job site, generally at the manufactured location. • QAP Manual — Quality Assurance Program Manual for local agencies which provides quality assurance guidelines for materials used in Federal Aid Projects. MATERIALS LABORATORY The City of National City will use a private consultant materials laboratory to perform AT on Federal -aid and other designated projects. The materials laboratory shall be under the responsible management of a California registered Engineer with experience in sampling, inspection and testing of construction materials. The Engineer shall certify the results of all tests performed by laboratory personnel under the Engineer's supervision. The materials laboratory shall contain certified test equipment capable of performing the tests conforming to the provisions of this QAP. The materials laboratory used shall provide documentation that the laboratory complies with the following procedures: 1. Correlation Testing Program — The materials laboratory shall be a participant in one or more of the following testing programs: a. AASHTO Materials Reference Laboratory (AMRL) b. Cement and Concrete Reference Laboratory (CCRL) c. Caltrans' Reference Samples Program (RSP) 2. Certification of Personnel — The materials laboratory shall employ personnel who are certified by one or more of the following: a. Caltrans District Materials Engineer 1 of 4 -1- b. Nationally recognized non-Caltrans organizations such as the American Concrete Institute, Asphalt, National Institute of Certification of Engineering Technologies, etc. c. Other recognized organizations approved by the State of California and/or Recognized by local governments or private associations. 3. Laboratory and Testing Equipment — The materials laboratory shall only use laboratory and testing equipment that is in good working order. All such equipment shall be calibrated at least once each year. All testing equipment must be calibrated by impartial means using devices of accuracy traceable to the National Institute of Standards and Technology. A decal shall be firmly affixed to each piece of equipment showing the date of the last calibration. All testing equipment calibration decals shall be checked as part of the IAP. ACCEPTANCE TESTING (AT) AT will be performed by a materials laboratory certified to perform the required tests. The tests results will be used to ensure that all materials incorporated into the project are in compliance with the contract specifications. Testing methods will be in accordance with the California Test (CT) Methods or a national recognized standard (i.e., AASHTO, ASTM, etc.) as specified in the contract specifications. Sample locations and frequencies may be in accordance with the contract specifications. If not so specified in the contract specifications, samples shall be taken at the locations and frequencies as shown in Attachment #1, Appendix D, "Acceptance Sampling and Testing Frequencies" of the QAP Manual. INDEPENDENT ASSURANCE PROGRAM (IAP) 1AP shall be provided by personnel from Caltrans, the Agency's certified materials laboratory, or consultant's certified materials laboratory. IAP will be used to verify that sampling and testing procedures are being performed properly and that all testing equipment is in good condition and properly calibrated. IAP personnel shall be familiar with all required testing procedures, as part of IAP, and shall not be involved in any aspect of AT. IAP shall be performed on every type of materials test required for the project. Proficiency tests shall be performed on Sieve Analysis, Sand Equivalent, and Cleanness Value tests. All other types of IAP shall be witness tests. Poor correlation between acceptance tester's results and other test results may indicate probable deficiencies with the acceptance sampling and testing procedures. In cases of unresolved discrepancies, a complete review of AT shall be performed by IAP personnel, or an independent materials laboratory chosen by the Agency. IAP samples and tests are not to be used for determining compliance with contract requirements. Compliance with contract requirements is determined only by AT. 2 of 4 -2- REPORTING ACCEPTANCE TESTING RESULTS The following are time periods for reporting material test results to the City: • When the aggregate is sampled at material plants, test results for Sieve Analysis, Sand Equivalent and Cleanness Value should be submitted to the Project Engineer within 24 hours after sampling. • When materials are sampled at the job site, test results for compaction and maximum density should be submitted to the Project Engineer within 24 hours after sampling. • When soils and aggregates are sampled at the job site: (1.) Test results for Sieve Analysis, Sand Equivalent and Cleanness Value should be submitted to the Project Engineer within 72 hours after sampling. (2.) Test results for "R" Value and asphalt concrete extraction should be submitted to the Project Engineer within 96 hours after sampling. When sampling products such as Portland Cement Concrete (PCC), cement -treated base (CTB), hot mix asphalt (HMA), and other such materials; the time of such sampling shall be varied with respect to the time of the day insofar as possible, in order to avoid a predictable sampling routine. The reporting of AT results, if not performed by the agency staff, shall be done on an expedited basis such as by email, fax or telephone. TESTING OF MANUFACTURED MATERIALS During the Design phase of the project, the Project Engineer may submit a "Source Inspection Request" see Attachment #2, Exhibit 16-V of the Local Assistance Procedure Manual (LAPM), to the Agency, consultant, or Caltrans for inspection and testing of manufactured and prefabricated materials by their materials laboratory. A list of materials that can be typically accepted on the basis of certificates of compliance during construction is found in Attachment #3, Appendix F of the QAP Manual. All certificates of compliance shall conform to the requirements of the contract specifications, for examples see Attachment #4, Appendix J of the QAP Manual. Should the Agency request Caltrans to conduct the source inspection, and the request is accepted, all sampling, testing, and acceptance of manufactured and prefabricated materials will be performed by Caltrans' Office of Materials Engineering and Testing Services. For Federal -aid projects on the National Highway System (NHS), Caltrans will assist in certifying the materials laboratory, and the acceptance samplers and testers. For Federal -aid projects off the NHS, Caltrans may be able to assist in certifying the materials laboratory, and the acceptance samplers and testers. PROJECT CERTIFICATION Upon completion of a Federal -aid project, a "Materials Certificate" shall be completed by the Project Engineer. The Agency shall include a "Materials Certificate" in the Report of Expenditures submitted to the Caltrans District Director, Attention: District Local Assistance Engineer. A copy of the "Materials Certificate" shall also be included in the Agency's construction records. The Project Engineer in charge of the construction function for the Agency shall sign the certificate. All materials incorporated into the work which did not conform to specifications must be explained and justified on the "Materials Certification", including changes by virtue of contract change orders. See Attachment #5 for an example, Appendix K of the QAP Manual. 3 of 4 -3- RECORDS All material records of samples and tests, material releases and certificates of compliance for the construction project shall be incorporated into the Project Engineer's project file. If a Federal -aid project: • The files shall be organized as described in Section 16.8 "Project Files" of the Local Assistance Procedures Manual. • It is recommended that the complete project file be available at a single location for inspection by Caltrans and Federal Highway Administration (FHWA) personnel. • The project files shall be available for at least three years following the date of final project voucher. • The use of a "Log Summary," as shown in Appendix H of the QAP Manual, facilitates reviews of material sampling and testing by Caltrans and FHWA, and assists the Project Engineer in tracking the frequency of testing. When two or more projects are being furnished identical materials simultaneously from the same plant, it is not necessary to take separate samples or perform separate tests for each project; however, copies of the test reports are to be provided for each of the projects to complete the records. Attachments #1 Acceptance Sampling and Testing Frequencies Attachments #2 Source Inspection Request, Exhibit 16-V of the LAPM Attachments #3 Appendix F of the QAP Manual Attachments #4 Appendix J of the QAP Manual Attachments #5 Appendix K of the QAP Manual 4 of 4 -4- Attachment #1 Acceptance Sampling and Testing Frequencies -5- Appendix D - Acceptance Sampling and Testing Frequencies Note: It may be desirable to sample and store some materials. If warranted, testing can be performed at a later date. Portland Cement (hydraulic Cement) Mate is to be &ample or este tl Si3 � � Sampling tint regnency ., .-f', ».., f rcal T Mcthwls-.- escnptton o>' Comme+its Cement/fly ash (Sampling only) 8-Ib. sample If possible, take a least one sample per job, even if the material is accepted based on a Certificate of Compliance. ASTM D75, C494 CT 125 AASHTO T127, M85, M295 Standard for sampling hydraulic cement or fly ash. Cement (Testing Only) 8-1b. sample If the product is accepted based on a Certificate of Compliance, testing is not required. If the product is not accepted using a Certificate of Compliance, test at least once per job. ASTM C109 CT 515 AASHTO T106 If testing appears warranted, fabricate six 2-in. mortar cubes using the Portland (or hydraulic cement). Test for compressive strength. Portland Cement Concrete (Hydraulic Cement Concrete) Matifi'I& to Sampedest��3 3 '��S� la'M3:� ,....,- a tpCe S+ze („ g Y* d t T. .'4;:. rl+- �+ '£' . `Sa i ling ng ) q+t t►ey `Yt a 1"F" ^2 }� ) .; :'. fi�4 +%2h vs�s a.A Ms'N.'3; { �. s , ica2al Test �ethods � Ra.'�a= .s g� Desenpnott coin ✓`,}' I: . Ef v. Aggregate for Hydrau- lic Cement Concrete (Sampling & Testing) 50-Ib. sample Take one aggregate sample for each 1000 cu. yd. of PCC/HCC concrete. Test at least one sample per job. ASTM D75 CT 125 AASHTO M6, T2, M80 Sample aggregate from belt or hopper (random basis). Water (Sampling & Testing) Take a two -quart sample using a clean plastic jug (with lining) and sealed lid. Sample at the point of use. If the water is clean with no record of chlorides or sulfates greater than I%, no testing is required. If the water is dirty do not use it. Test only when the chloride or sulfates are suspected to be greater than 1%. CT 405, CT 422, CT 417 AASHTO R23 If testing appears warranted, test for chlorides and sulfates. Appendix D (continued) ement Concrete) — Continued -,' le u Mds,' ,,,- foamilMelatS ' Air Entraining Admixtures (Sampling & Testing) Take a one -quart sample using a clean, lined can or plastic bottle, if liquid. If powder, take a 2.5 Ib. sample. If the product is accepted based on a Certificate of Compliance, testing is not required. Take one sample per job. Prior to sampling, check with Caltrans (METS) for acceptable brands and dosage rates. ASTM C233 AASHTO M154, T157, C260 If testing appears warranted, test for sulfates and chlorides Admixtures with sulfates and chlorides greater than 1% should not be used. Water Reducers or Set Retarders (Sampling & Testing) If liquid, take a 1-qt. sample using a clean plastic can. If powder, take a 2.5 Ib. sample. If the product is accepted based on a Certificate of Compliance, no testing is required. If not, test once per job. Prior to using this product, please check with Caltrans (METS) for acceptable brands and dosage rates. ASTM C494 AASHTO M194 If testing appears warranted, test for sulfates and chlorides. Admixtures with sulfates and chlorides greater than 1% should not be used. Freshly -Mixed Concrete (Sampling) Approx. 1501b. (or 1 cu. ft.) near mixer discharge. When tests are required, take at least one sample for each 500 to 1000 cu. yd. of PCC/HCC. ASTM C172, C685 CT 539 AASHTO T141, M157 This describes a method to sample freshly -mixed concrete. Freshly -Mixed Concrete (Testing) Approx. 150 lb/ (or 1 cu. ft.) near mixer discharge. On projects with 500 cu. yd., or more, test at least one sample per job. ASTM C143 AASHTO T119 This test determines the slump of the freshly -mixed concrete. Freshly -Mixed Concrete (Testing) Approx. 150 lb/ (or 1 cu. ft.) near mixer discharge On projects with 500 cu. yd., or more, test at least one sample per job. ASTM C360 CT 533 This test determines the ball penetration of the freshly -mixed concrete. Freshly -Mixed Concrete (Testing) Approx. 150 lb/ (or 1 cu. ft.) near mixer discharge On projects with 500 cu. yd., or more, test at least one sample per job. ASTM C231 CT 504 AASHTO T152 This test determines the air content of freshly -mixed concrete (pressure method). Freshly -Mixed Concrete (Testing) Approx. 150 lb/ (or 1 cu. ft.) near mixer discharge On projects with 500 cu. yd., or more, test at least one sample per job. ASTM C138 CT 518 AASHTO T121 This test determines the unit weight of freshly mixed concrete. > 0 (-) co .c1 0 w. ore tA: g 5 0 so ° 4 '0 00 0. 5.a cr 0 0 o 0 0. so .0 5 g N " ,43 70 0, < . cD ca. sc.= Appendix D (continued) oncrete (Hydraulic Cement Concrete) —Continued it tenaiS tobe C d £ t �ainplelfoir ample.Si e > < w[ 'ire, ye 'Y d h ➢ �� :� y�3�?� SariiPlin n "Fr Ili ,, Jr As4:n 'yyt „�T pical Test z �+ S -T. - b�: rpescri lion or omntenTs -' .. ..Y. s/ S '" Freshly -Mixed Concrete (Testing) Approx. 1501b/ (or 1 cu. ft.) near mixer discharge Fabricate at least two concrete cylinders per project. Test for compressive strength at least once for each 500 to 1,000 cu. yd. of structural concrete. ASTM C39 CT 521 AASHTO T22 This test is used to fabricate 6" x 12" concrete cylinders. Compressive strengths are determined, when needed. Freshly -Mixed Concrete (Testing) Approximately 210 Ib. of concrete are needed to fabricate three concrete beams. One sample set for every 500 to 1,000 cu. yd. of concrete. ASTM C78 CT 31 AASHTO T97 & T23 This test is used to determine the flexural strength of simple concrete beams in third -point loading egates M. ijra#am n W�LL..oIf(z3 Tes�d t. ae �v yU. $_ _ . •.. _- , �' M1 R Sr t +ek .`"'�•d�� T'4..�SY .. ,.. ,.,. m, .rY t.•+1` .... i 4- l 4".+•S�v,'i'_„ s `: egc or y r i _ y, M Y' .: -r `' ' r.`. Aggregate (Sampling) One 50-Ib. sample Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project. ASTM D75 CT 125 AASHTO T2 This test describes the procedures to sample aggregate from the belt or hopper (random basis). Fine Aggregates (Testing) One 50-1b. sample Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project. ASTM C128 CT 208 AASHTO T84 This test determines the apparent specific gravity of fine aggregates for bituminous mixes, cement treated bases and aggregate bases. Fine Aggregate (Testing) One 50-Ib. sample Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project. ASTM C128 CT 207 AASHTO T84 This test determines the bulk specific gravity (SSD) and the absorption of material passing the No. 4 sieve. Coarse Aggregate (Testing) One 50-Ib. sample Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project. CT 206 This test determines the cleanness of coarse aggregate. Appendix D (continued) • JVII, aiim ti g,I.6awa Ma et isle tic'e gmled.or Teste u a p) e Sarriplrng/ 1 esting Frequent} l ptcg[ Test 1'Ie_. Description or Comffieiit Coarse Aggre- gate (Testing) One 50-lb. sample Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project. ASTM C127 CT 227 AASHTO T85 This test determines the specific gravity and absorption of coarse aggregate (material retained on the No. 4 sieve). Soils and Aggregates (Testing) One 50-1b. sample Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project. ASTM C136 CT 202 AASHTO T27 This test determines the gradation of soils and aggregates by sieve analysis. Soils and Aggregates (Testing) One 50-Ib. sample Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project. ASTM D2419 CT 217 AASHTO T176 This test determines the Sand Equiva- lent of soils and aggregates. Soils and Aggregates (Testing) One 50-1b. sample Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project. ASTM C 117 AASHTO T11 This test determines the gradation for materials finer that the No. 200 sieve (by washing method). Soils and Aggregates (Testing) One 50-1b. sample Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project. ASTM D3744 CT 229 AASHTO T210 This test determines the Durability Index of soils and aggregates. Soils and Aggregates (Testing) One 50-Ib. sample Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project. ASTM D2844 CT 301 AASHTO T190 This test determines the Resistance Value (R-) and expansion pressure of compacted materials. Soils and Aggregates (Testing) One random location for every 2,500 sq. ft. Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project. ASTM D2922 CT 231 AASHTO T238 This test determines field densities using the nuclear gage. Soils and Aggregates (Testing) One random location for every 2,500 sq. ft. Take one sample for every 500 to 1,000 tons of materials. Test at least one sample per project. ASTM D3017 CT 231 AASHTO T239 This test determines the water content using the nuclear gage. Division of Local Assistance, Office of Procedures Development and Training Appendix D (continued) Asphalt Binder ,Matei't21s to be r§ampted'orF'raate ' Sam le S'ze : T .�.�, Samphngfi estrngFregnency fiyp ' l Deli nptron or Oommetrts t w< Asphalt Binder (Sampling) One 0.5-gal. sample placed in a clean, sealed can. Sample once per job at the asphalt concrete plant. CT 125 ASTM D 979 AASHTO T 168, T48 This procedure describes the proper method to sample the asphalt binder. Asphalt Binder (Testing) One 0.5-gal. sample placed in a clean, sealed can. Sample once per job at the asphalt concrete plant. ASTM D92, D117 AASHTO T 48 This test determines the flash point of the asphalt binder (by Cleveland open cup). Asphalt Binder (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D2872 & D92 CT 346 AASHTO T240 &T48 This test determines the rolling thin-film oven test (RTFO). Asphalt Binder (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D2042 AASHTO T44 This test determines the solubility of asphalt material in trichloroethylene. Asphalt Binder (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D2171 AASHTO T202 This test determines the dynamic viscosity, (absolute viscosity of asphalt @ 140 degrees F by the Vacuum Capillary Viscometer Poises). Asphalt Binder (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D5 AASHTO T49 This test determines the penetration of bitu- minous material @ 77 degrees F and per - centage of original penetration from the residue. Asphalt Binder (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM DI 13 AASHTO T51 This test determines the ductility of asphalt @ 77 degrees F. Asphalt Binder (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D2170 AASHTO T201 This test determines the kinematic viscosity of asphalt @275 degrees F (Centistoke). P� Appendix D (continued) Asphalt Binder - Continued aterials. b sampled otw }i: N. �' f `=}Hk jlf'�°��wi ample izez F a.i t{vh. �`t +� �. Samplrngh /Testing Fr quench ' .; .��. :'+�• 1 � {1 �1�est .{P -2� i' rv:C.b��, Description orComrime .,s .., s i {q..�S .+. e > -5'. Asphalt Binder (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D2171 AASHTO T202 This test determines the dynamic viscosity. (absolute viscosity of asphalt @ 140 degrees F by the Vacuum Capillary Viscometer Poises). Asphalt Binder (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D36 AASHTO T53 This test determines the softening point of asphalt. Asphalt Emulsified 5srG''al ` o a . £"r "'' °Same pr le Sitz•t"e 't,5 Sa6111 rytintglEhrzo:ibli YTy) esritionConimeti ts tnt Emulsified Asphalt (Sampling) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D 140, D979 CT 125 AASHTO T 40, T168 This test describes the procedure to sample the emulsified asphalt. Emulsified Asphalt (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D244 AASHTO T59 This test determines the sieve retention of emulsified asphalt. Emulsified Asphalt (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D244 AASHTO T59 This test determines the weight per gallon of emulsified asphalt. Emulsified Asphalt (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D244 AASHTO T59 This test determines the penetration of the emulsified asphalt. Emulsified Asphalt (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D244 CT 330 AASHTO T59 This test determines the residue @ 325 degrees F evaporation of emulsified asphalt. Appendix D (continued) Asphalt Emulsified - Continued xy a er�ais t i R W Sampleft`ot-Tes(ed atn le „, sae a' v' x }3- � .. ,-r Satltphn�estmg l( ri:queiuc 'S�i "•'vy -k P^ ,a T,x ", %-` � f tell .+6t-2 � s Desenptt3tl orComments Emulsified Asphalt (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D4402 AASHTO T201 This test determines the Brookfield viscosity. Emulsified Asphalt (Testing) One 0.5-gal. sample placed in a clean, sealed can. Obtain one sample at the asphalt concrete plant for each 1,000 tons of asphalt concrete placed. ASTM D88 AASHTO T72 This test determines the Saybolt- Furol viscosity of emulsified asphalt @ 77 degrees F (seconds). Hot Mix Asphalt (Asphalt Concrete) — Concrete 12atenaCs to be, _ fi atr �Vl�VJ T.VL a�1�Stt e )et$�'y y;.i� ! 1. ayY,k ,4 i A `� '�Y+ '��'` i3 5a r esrtng hg}uen �� m+li:-t ? s to ,..Y'�^i �tAkSt3v`A. �1W � ��f 4 �� y��ir{cjaa1 Tpyest Y Y. _ }' yS al ethoW '"' D rrtpr6tl rOdpttttents A fxn # .Fs. .0 J"e°+k[ Asphalt Concrete (Sampling) Obtain one 30-Ib. sample each day of production Obtain one sample at the asphalt concrete plant for each 5,000 tons of asphalt concrete placed. ASTM D75, D140, D979 CT 125 AASHTO T 40, T168 This test describes the procedure to sample the asphalt concrete. Asphalt Concrete (Testing) 4" x 8" cores Take one 4" x 8" core for every 500 ft of paved roadway. ASTM D1188, D1560, D 1561, D5361 CT 304 AASHTO T246, T247 This test determines the field density of street samples. Asphalt Concrete (Testing) Obtain one 30-Ib. sample for each day of production Obtain one sample for every five cores taken. ASTM D1188, D1560, D1561, D5361 CT 304 AASHTO T246, T247 This test determines the laboratory density and relative compaction of asphalt concrete. Asphalt Concrete (Testing) 4" x 8" cores Obtain one sample for every five cores taken. ASTM D2726, D1188, D536I This test determines the specific gravity of compacted bituminous mixture dense- graded or non -absorptive. (0) Appendix D (continued) Hot Mix Asphalt (Asphalt Concrete) —Continued 4=yratoiiisfoll50.1WA pit*otoktiv..,..k,t..., --;feitiirr-_-:-, ,fe: "I 0,— ',silliii)iii—, vsting1);egiting •-•' -.'' ,-,„ 'iIst AI,: Desetiption:ocoliibitiiti—A:,;; Asphalt Concrete Concrete (Testing) One 30-Ib sample Obtain one sample for every 1,000 tons of asphalt concrete. ASTM D1559 AASHTO T245 This test determines the resistance to plastic flow of prepared mixes as determined by the Marshall Method. Asphalt Concrete (Testing) One 30-Ib sample Obtain one sample for every 1,000 tons of asphalt concrete. ASTM C117, D2I72 (use Method B) AASHTO T164 This test determines the screen analysis of aggregates recovered from asphalt materials. Geotextile Fabric (Placed Under the Asphalt Con- crete) (Testing) One 12 ft. x 3 ft. sample Obtain one sample per job. ASTM D4632 AASHTO M288 This test determines the weight per sq. yd. and grabs strength of geotextile fabrics. Asphalt Concrete (Testing) Sample any test location (random basis) Obtain one sample for every 1,000 tons of asphalt concrete. ASTM D2950 CT 375 This test determines the nuclear field density of in -place asphalt concrete. Asphalt Concrete (Testing) One 10-lb sample Obtain one sample during every day of production. ASTM D1560, D1561 CT 366 AASHTO T246, T247 This test determines the stability value of asphalt concrete. Slurry Seals (Sample) One 0.5 gal. sample in a clean, dry plastic container. Obtain one sample per truck ASTM D979 CT 125 AASHTO T 40, T168 This test describes the procedure for sampling the slurry seal. Aggregate for Slurry Seals (Testing) One 30-1b. sample. Obtain at least one sample per project from the belt or hopper or stockpile and test for Sand Equivalent ASTM D2419 CT 217 AASHTO T176 This test determines the Sand Equivalent of aggregates. 11111 "ss• ›. 0 § (13..0 0 cro g E3. 4 g g " 00 - 5 5 cr `-G r O — O 0 ›. co cro co • too PZ/ 'f'D o. ts) •—• Appendix D (continued) Slurry Seals tettaaa Sample Y�T�ist%u �ainpkSize R i S '1''4i t9�.. . �v4 %k fix. a'f` .... Sa Inj esting rec uedc Y t T. �, ;cam.,:. ..v 4�i yy �" �:N£'��f� '��.. ;..%i.��Y'4YS (b _K iea Tes �l. ✓h L E 3^� � GlliVdl ' > Descnptt nor Comr► tints L `J^' `Iv Aggregate for Slurry Seals (Testing) One 30-1b. sample. Obtain at least one sample per project from the belt, hopper, or stockpile and test for sieve analysis of fine sand. ASTM C117 AASHTO T1 l This test determines the sieve analysis of fine sand (gradation of materials finer than No. 200 sieve by wash grading). Slurry Seals (Testing) One 0.5 gal. sample in a clean, dry plas- tic container. Test one sample per project and test for Abrasion. ASTM D3910 This test determines the Wet Track Abrasion Test (2) (WTAT). Steel ter•ra1s to;k 1y 1 e&o Test d 'y '.,.ItS " kM� i r ..«,,.'..,". Satrap pies tng3kegtcacy; yam'-' ; •' 7l ' � tie 'a Kt't t xi @ ,}; �i' 'l _ �:�. , . , p.3 �. -Y ��'h" S .�..��. Pyp}tc lETJ-est Me ds �.� w r..,S,�,a^�,^�`;3�. x. Description Commen T` - 4�K g` 'R'•r ;ltl'..-f h ?n t y • .z,�" >�,e±- wma'^iy�.+' �r� � t��`�� ✓s "y�A.. Steel Strand (Testing) Sample strand at various sizes. This item may be accepted using a Certificate of Compliance. Sample and test at least two steel strands per job when a Certificate of Compliance is not used. ASTM A370, A416, E328 AASHTO T244 This test determines the tensile strength of uncoated seven -wire stress -relieved strand for pre - stressed concrete. Steel Rebar (Testing) Sample rebar at various sizes. This item may be accepted using a Certificate of Compliance. Sample and test at least two steel rebar per job when a Certificate of Compliance is not used. ASTM A615, A370 AASHTO T244 This test determines the steel reinforcement bar tensile strength and bend capability. tO C7 • _. O us o ro• y 2 N 00 rn � o -0• a `. 0 .. 0 z c 10 O O n. O ycr rn D a an • '0 a� 00 0 O ;73• c rn • m co ni• aa a N Attachment #2 Source Inspection Request, Exhibit 16-V of the Local Assistance Procedure Manual (LAPM) -15- Local Assistance Procedures Manual EXHIBIT 16-V Source Inspection Request to DLAE SAMPLE COVER MEMO SOURCE INSPECTION REQUEST FROM LOCAL AGENCY TO CALTRANS' DISTRICT LOCAL ASSISTANCE ENGINEER (Prepared By Applicant On Applicant Letterhead) To: (name) Caltrans' District Local Assistance Engineer Caltrans' Local Assistance Office (district office address) Date: Federal -aid Project Number: (if one has been assigned) Project Description: Project Location: Subject: (Source Inspection for Project Name, County) We are requesting that Caltrans provide Source Inspection (reimbursed) services for the above mentioned project. We understand we are responsible for paying for this service provided for by the State. Listed below are the materials for which we are requesting Caltrans' Source Inspection (reimbursed) services. Materials that will require source inspection: Justification for request: (Based on the requirements in Section 16.14 under "Source Inspection") Any question you might have about the above materials should be directed to: , at (phone #) Approved: (Applicant Representative Name) District Local Assistance Engineer (Title) (Date) (Local agency, name & address) Page 16-109 February 1,1998 -16- Attachment #3 Appendix F of the QAP Manual -17- of Division of Local Assistance, Office of Procedures Development and Training Aft„„ Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 201 l Appendix F - Construction Materials Accepted by a Certificate of Compliance * Soil Amendment Fiber Mulch Stabilizing Emulsion Plastic Pipe Lime Reinforcing Steel Structural Timber and Lumber Treated Timber and Lumber Timber and Lumber Culvert and Drainage Pipe Joints Reinforced Concrete Pipe Corrugated Steel Pipe and Corrugated Steel Pipe Arches Structural Metal Plate Pipe Arches and Pipe Arches Perforated Steel Pipe Polyvinyl Chloride Pipe and Polyethylene Tubing Steel Entrance Tapers, Pipe Down drains, Reducers, Coupling Bands and Slip Joints Aluminum Pipe (Entrance Tapers, Arches, Pipe Down drains, Reducers, Coupling Bands and Slip Joints) Metal Target Plates Electrical Conductors Portland Cement Minor Concrete Waterstop * If Caltrans Standard Specifications May 2006 is part of contract specifications. Note: Usually these items are inspected at the site of manufacture or fabrication and reinspected after delivery to the job site. 32 -18- Attachment #4 Appendix J of the QAP Manual -19- OP Division of Local Assistance, Office of Procedures Development and Training 86e.., Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix J.1 - Example of a Vendor's Certificate of Compliance No. 583408 sTAYEbFCAIApoRNV1•oEpAm wT4F7 NssPOAT11T101. VENOORV OERTIFMATE OF'COMPUANCE mots,* ascraigt4oto4 ]nnesie° cononnti on0000ng on SdtriY01�!/+�}L,L R sv. - nr�i doss cer,YdX f4 rr4.s P W�euls'111iNY1rr, panedcim.*arl.telDAY Ail wtidnkdlw«iM4:0*1MIle .MaaitaoIFAlt dswwM.AlmaAURAaeeent i%a hainwdNnranrax CONThACt t,0UNeEtit A r• £ZPPC/E& 1=i+ lc«r+xaar,040arasteas+roru : unions -Waxman r Aw.�unFtl. vN1+!. a rAnYDArE1 yat lt. .! ._: IVAY II OPAaffen'toi0 roi a Mars I xtnrpa0afa ma ui3 rilts rite /NUM7YVlww..... asp of son. 36 -20- Division of Local Assistance, Office of Procedures Development and Training M,,,, Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix J.2 - Example of a Certificate of Compliance for Portland Cement (continued) This is to certify that the Portland Cement . Supplied by ABC Cement Company complies with all requirements for Type II Portland Cement when tested in accordance with ASTM C - 494. Local Agency Project No. AC6ert How akow HP21 L — 5055 —111 Quality Assurance Engineer ABC Cement Company Date: 07/07/07 . 37 -21- Attachment #5 Appendix K of the QAP Manual -22- elf Division of Local Assistance, Office of Procedures Development and Training $.r,N, Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix K - Examples of Materials Certificates/Exceptions (Signed by the Resident Engineer at the Completion of the Project) Federal -aid Project No.: Project HP21L — 5055 — 111 Subject: Materials Certification This is to certify that the results of the tests on acceptance samples indicate that the materials incorporated in the construction work and the construction operations controlled by sampling -I and testing were in conformity with the approved plans and specifications. All materials exceptions to the plans and specifications on this project are noted below. No exceptions were found to the plans and specifications on this project. Bill Sanders Resident Engineer (Print Name) BiOESanders 7/7/07 Resident Engineer (Signature) (Date) Note: The signed original of this certificate is placed in the Resident Engineer's project files and one copy is mailed to the DLAE and filed under "Report of Expenditures." See the attachment (next page) 38 -23- Mira Division of Local Assistance, Office of Procedures Development and Training Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011 Appendix K (continued) Attachments: Materials Exceptions (Acceptance Testing) Ty(ie of Test , pes afr Work Tota] 'I'e,,(i; ,` Pertq �d Opp, the°1'tbj of _ Number : ofrail d TeSts� Action Taken Slump Test Concrete Sidewalk 8 1 When the measured slump exceeded the maximum limit, the entire concrete load was rejected. Sand Equivalent Aggregate for Structural Concrete 10 1 The tested S.E. was 70 and the contract compliance specification was 71 minimum. However, the concrete 28-day compressive strength was 4800 psi. The concrete was considered adequate and no materials deductions were taken. Compaction Sub grade Material 12 1 One failed test was noted. The failed area was watered and reworked. When this was completed, a retest was performed. The retest was acceptable. Compaction Hot Mix As- phalt 12 1 One failed area was noted. It was reworked and retested. The second test met specifications. Bill Sanders 3W,SGi414P.Ark July 4, 2007 Resident Engineer (Print Name) Resident Engineer (Signature) Date 39 -24- RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A QUALITY ASSURANCE PROGRAM THAT PROVIDES SAMPLING AND TESTING PROCEDURES TO ENSURE THAT MATERIALS INCORPORATED INTO CONSTRUCTION PROJECTS ARE IN CONFORMANCE WITH THE CONTRACT SPECIFICATIONS AND CALTRANS REQUIREMENTS FOR FEDERAL -AID PROJECTS WHEREAS, Caltrans requires that all agencies receiving Federal -Aid funds through transportation grant programs adopt a Quality Assurance Program ("QAP"); and WHEREAS, currently, the Engineering Division includes quality assurance procedures for materials sampling and testing as part of the contract specifications for individual capital improvement projects; and WHEREAS, a QAP has been updated to expand upon the City's current quality assurance procedures, and to incorporate the latest Federal and State requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby adopts a Quality Assurance Program that provides sampling and testing procedures to ensure that materials incorporated into construction projects are in conformance with the contract specifications and Caltrans requirements for Federal and State Requirements. PASSED and ADOPTED this 4th day of February, 2014. 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: February 4, 2014 AGENDA ITEM NO.9j ITEM TITLE: Warrant Register #25 for the period of 12/11/13 through 12/17/13 in the amount of $1,620,610.73. (Finance) PREPARED BY: 1K. Apalateguu PHONE: I619-336-4331 EXPLANATION: Per Government Section Code 37208, attached through 12/17/13. In accordance with Finance Department policy, $50,000.00. Vendor Dixieline Builders EC Construction, Inc Harris & Associates Kimley Horn & Assoc Pal Engineering Inc Project Professionals Public Emp Ret System Stack Traffic Consulting Check 310269 310273 310288 310294 310314 310325 310327 310345 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $1,620,610.73. DEPARTMENT: Finance APPROVED BY: Ilia4 l v' are the warrants issued for the period of 12/11/13 below is an explanation of all warrants above Amount 59,513.00 216,562.05 78,210.00 134,230.77 101,475.82 105,527.05 297,446.45 78,625.00 Explanation Home Rehab Prgm/1805 Prospect Aquatic Center Project ADA Enhancements Public Works Relocation 8th Street Smart Growth Project Community Corridor Project Service Period 11/26/13-12/09/13 Provide On -Call Services APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: (Ratification of warrants in the amount of $1,620,610.73. BOARD / COMMISSION RECOMMENDATION: N/Aj ATTACHMENTS: Warrant Register #25 PAYEE 3T EQUIPMENT COMPANY INC ADDICTION MEDICINE ALDEMCO ALL FRESH PRODUCTS AT&T MCI AT&T MOBILITY AUSTIN DOORS BARAWED, C BASILE CONSTRUCTION BEST BEST & KRIEGER ATTNY LAW BOOT WORLD BUCKNAM INFRASTRUCTURE GRP INC BURKE WILLIAMS & SORENSEN LLP BURKE WILLIAMS & SORENSEN LLP CALIFORNIA COMMERCIAL SECURITY CDWG CHILDREN'S HOSPITAL CHRISTENSEN & SPATH LLP -1NTAS DOCUMENT MANAGEMENT FY OF CHULA VISTA CITY OF NATIONAL CITY COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CLERK COX COMMUNICATIONS COX COMMUNICATIONS CPP PRINTING CULLIGAN OF SAN DIEGO DALLAS MIDWEST DATASKILL, INC. DELTA DENTAL DELTA DENTAL INSURANCE CO DELTA DENTAL INSURANCE CO DIXIELINE BUILDERS D-MAX ENGINEERING DOKKEN ENGINEERING DREW FORD EC CONSTRUCTORS, INC. EDCO DISPOSAL CORPORATION ERGOGENESIS LLC ESGIL CORPORATION EW TRUCK & EQUIPMENT CO. INC. EXPERIAN AYE CLINIC FOR ANIMALS .DEX FEDEX FERGUSON ENTERPRISES INC FIRST AMERICAN CORE LOGIC INC GARDNER & ASSOCIATES GIEDD, T WARRANT REGISTER # 25 12/17/2013 DESCRIPTION LABOR, INSPECT & ESTIMATE REPAIRS MEDICAL SERVICES FOOD / NUTRITION FOOD FOR NUTRITION CENTER PHONE SERVICE / 10/13/13 - 11/12/13 WIRELESS SERVICE / 10/6/13 - 11/5/13 DOOR, ROLL -UP DOORS, GATES REIMBURSEMENT - UNIFORM PANTS REIMBURSEMENT CALTRANS PERSONNEL ISSUES MOP 64096 WEARING APPAREL STREET SIGN INVENTORY NEGOTIATIONS - OCT 2013 PROFESSIONAL SVCS - NEGOTIATIONS MOP 45754 R&M BUILDING MICRO ANTIVIRUS RENEWAL SAFE ROUTES TO SCHOOL, CYCLE 3 LEGAL SVCS REGARD S8 WRIT MONTHLY SHREDDING OF (3) 65 GALLON ANIMAL SHELTER COSTS/OCT 2013/ POLICE PETTY CASH REPLENISHMENT - OCT 2013 SHARE OF PC REVENUE - NOV 2013 MAIL PROCESSING SERVICES / SEPT 2013 1726 WILSON AVENUE COMMUNICATIONS DATA COMMUNICATIONS DATA CERTIFICATE FOLDERS WATER SOFTENER 70 STACK CHAIRS W/ARMS 3" IBM WEBSPHERE LICENSING DENTAL INS PREMIER DEC 2013 PM' DENTAL INS - DEC 2013 COBRA DENTAL INS - OCT 2013 HOME REHAB PRGRM / 1805 PROSPECT STREET WI-TOD SWPPP PLAZA BOULEVARD R& M CITY VEHICLES AQUATIC CENTER WASTE DISPOSAL SERVICES FOR SUCCESSOR CHAIR MODEL #3607, COMFORTEK MIDNIGHT PLAN CHECK AND CONSULTANT SERVICES FOR LABOR, REPAIR BRAKES, AIR COMPRESSOR CREDIT CHECKS FOR NEW POLICE CYCLOSPORINE/PREDNISOLONE TECHNICAL PERSONNEL CHGS SOO JONG KIM MOP 45723 R&M BUILDING METROSCAN ONLINE SUBSCRIPTION JUNIOR POLICE BADGE, STICKER HEALTH INS DEDUCTION FOR DEC 2013 CHK NO DATE 310236 12/17/13 310237 12/17/13 310238 12/17/13 310239 12/17/13 310240 12/17/13 310241 12/17/13 310242 12/17/13 310243 12/17/13 310244 12/17/13 310245 12/17/13 310246 12/17/13 310247 12/17/13 310248 12/17/13 310249 12/17/13 310250 12/17/13 310251 12/17/13 310252 12/17/13 310253 12/17/13 310254 12/17/13 310255 12/17/13 310256 12/17/13 310257 12/17/13 310258 12/17/13 310259 12/17/13 310260 12/17/13 310261 12/17/13 310262 12/17/13 310263 12/17/13 310264 12/17/13 310265 12/17/13 310266 12/17/13 310267 12/17/13 310268 12/17/13 310269 12/17/13 310270 12/17/13 310271 12/17/13 310272 12/17/13 310273 12/17/13 310274 12/17/13 310275 12/17/13 310276 12/17/13 310277 12/17/13 310278 12/17/13 310279 12/17/13 310280 12/17/13 310281 12/17/13 310282 12/17/13 310283 12/17/13 310284 12/17/13 310285 1.2/17/13 1/4 AMOUNT 650.00 980.00 1,958.87 836.27 7,539.65 4,820,46 1,474.33 183.58 3,500.00 9,286.75 231.91 1,370.00 3,620.00 2,576.00 135.50 7,324.00 39,756.79 3,298.75 92.95 27,974.94 845.00 15,902.00 1,795.95 50.00 79.70 105.22 660.99 10.00 5,276.14 5,180.00 13,492.62 2,911.64 71.03 59,513.00 28,016.95 1,200.00 628.04 216,562.05 110.23 705.23 726.25 2,308.42 30.40 180.00 39.89 23.76 241.29 7,900.00 700.35 734.63 PAYEE HARD COPY HARRIS & ASSOC CORP HARRIS & ASSOCIATES INC HONEYWELL INTERNATIONAL INC JERAULDS CAR CARE CENTER KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMLEY HORN AND ASSOC INC KONICA MINOLTA L N CURTIS & SONS LANGUAGE LINE SERVICES LASER SAVER INC LEAGUE OF CALIFORNIA CITIES MAN K-9 INC. MARLO'S AUTO SPECIALTIES MASON'S SAW & MAYER REPROGRAPHICS METRO AUTO PARTS DISTRIBUTOR MEYERS NAVE MOSHAIL SALEM KAMEL NATIONAL CITY CHAMBER OF NATIONAL CITY CHAMBER OF NICE & EASY AUTOBODY & PAINT NINYO & MOORE ORKIN PEST CONTROL PACIFIC TELEMANAGEMENT SERVICE PADRE JANITORIAL SUPPLIES PAL GENERAL ENGINEERING INC PENNY SAVER PENNY SAVER PENNY SAVER PERRY FORD POLICE EXECUTIVE PORAC LEGAL DEFENSE FUND POWERSTRIDE BATTERY CO INC PREPAID LEGAL SERVICES PRO BUILD PRO -EDGE KNIFE PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RAMONA PAVING AND RAUCH DETISCH & STEINKE RBF CONSULTING RDO EQUIPMENT CO RELIABLE TIRE CO RON BAKER CHEVROLET SAINZ, L SAN DIEGO DAILY TRANSCRIPT 2/4 WARRANT REGISTER # 25 12/17/2013 DESCRIPTION CHK NO DATE AMOUNT LIABILITY CLAIM COSTS 310286 12/17/13 168.03 DEPOSIT #90016 - 926 E 22ND ST 310287 12/17/13 3,910.00 ADA ENHANCEMENTS, HIGHLAND AVENUE 310288 12/17/13 78,210.00 LABOR, HEATING PROBLEMS CONSUMABLES 310289 12/17/13 501.70 MOP 72449 R&M AUTO EQUIPMENT 310290 12/17/13 511.23 RETIREES INS DEC - 2013 310291 12/17/13 21,523.01 RETIREES INS DEC - 2013 310292 12/17/13 8,249.22 RETIREES INS COBRA OCT 2013 310293 12/17/13 919.72 PUBLIC WORKS RELOCATION 310294 12/17/13 134,230.77 COPIER EQUIPMENT LEASE / SEPT 2013 310295 12/17/13 8,094.46 REPAIR FOR MAKO COMPRESSOR 310296 12/17/13 718.53 FOR LANGUAGE LINE INTERPRETATION 310297 12/17/13 44.73 MOP 45725 MATERIALS & SUPPLIES 310298 12/17/13 453.93 MEMBERSHIP DUES 2014 310299 12/17/13 18,091.70 HANDLER COURSE IN PATROL WORK / PD 310300 12/17/13 5,100.00 LABOR & MATERIALS, REPAIRS VEHICLE 103 310301 12/17/13 2,421.25 MOP 45729 MATERIALS & SUPPLIES 310302 12/17/13 119.40 AQUATIC CENTER 310303 12/17/13 134.19 MOP 75943 AUTO PARTS 310304 12/17/13 " -1 PROFESSIONAL SERVICES RENDERED 310305 12/17/13 2 3 DEPOSIT #90025 - 421 NC BLVD 310306 12/17/13 3,ouv.u0 CITY ENHANCEMENT OCT - DEC 2013 310307 12/17/13 16,250.00 BUSINESS LEADER SPONSOR 310308 12/17/13 3,500.00 REMOVE 7 DECALS FROM BATT VEHICLE 310309 12/17/13 420.00 SOIL TESTING, 8TH ST. IMPROVEMENTS 310310 12/17/13 4,195.75 PEST MAINTENANCE 310311 12/17/13 375.73 PACIFIC TELEMANAGEMENT PAYPHONE 310312 12/17/13 228.00 JANITORIAL SUPPLIES 310313 12/17/13 89.65 8TH ST. SMART GROWTH PROJECT 310314 12/17/13 101,475.82 ADVERTISEMENT - 2013 STATE OF THE CITY 310315 12/17/13 470.90 ADVERTISEMENT - 2013 STATE OF THE CITY 310316 12/17/13 470.87 ADVERTISEMENT - 2013 STATE OF THE CITY 310317 12/17/13 442.46 LABOR, DIAGNOSE, REPLACE FUEL INJECTOR 310318 12/17/13 4,164.50 MEMBERSHIP - POLICE RESEARCH FORUM 310319 12/17/13 160.00 DEFENSE FUND FOR RESERVE POLICE 310320 12/17/13 120.00 MOP 67839 AUTO PARTS 310321 12/17/13 47.24 PREPAID LEGAL 310322 12/17/13 15.95 MOP 45707 PLUMBING MATERIAL 310323 12/17/13 1,261.71 KNIFE SHARPENING SERVICES 310324 12/17/13 46.00 COMMUNITY CORRIDOR PROJECT 310325 12/17/13 105,527.05 MOP 45742 LAUNDRY SERVICE 310326 12/17/13 307.63 SERVICE PERIOD 11/26/13 - 12/09/13 310327 12/17/13 297,446.45 8TH STREET SAFETY ENHANCEMENT PROJECT 310328 12/17/13 31,112.50 PLAZA BLVD WIDENING PROJECT 310329 12/17/13 8TH ST. SAFETY ENHANCEMENTS 310330 12/17/13 6, LABLOR, REPLACE KNIFES/ADJUSTBED KNIFE 310331 12/17/13 467.85 37 PASSENGER @ $1.50 EA / PW 310332 12/17/13 70.50 MOP 45751 R&M AUTO EQUIPMENT 310333 12/17/13 204.16 REIMBURSEMENT: TOLL CHARGE 310334 12/17/13 69.00 ADVERTISING - SPEC #12-15 310335 12/17/13 936.40 PAYEE SAN DIEGO PET & LAB SUPPLY SDG&E SEAPORT MEAT COMPANY SMART & FINAL SMART SOURCE OF CA LLC SOUTH BAY FENCE INC. SOUTH COAST EMERGENCY SOUTHWEST SIGNAL SERVICE SPARKLETTS STACK TRAFFIC CONSULTING INC STACK TRAFFIC CONSULTING INC STACK TRAFFIC CONSULTING INC STAPLES ADVANTAGE STAPLES ADVANTAGE STARTECH COMPUTERS SWEETWATER AUTHORITY SWRCB SYSCO SAN DIEGO —HE CENTRE FOR ORGANIZATION E CENTRE FOR ORGANIZATION rIE LEW EDWARDS GROUP THE STAR NEWS TIERRA WEST ADVISORS INC TIM POPPE TRACY MILLET TRUSTEE VS & SIGNS TURNER'S PORTABLE WELDING U S BANK U S HEALTHWORKS UNION TRIBUNE UNITED PARCEL SERVICE VALLEY INDUSTRIAL SPECIALTIES VALLEY POWER SYSTEMS INC VCA EMERGENCY ANIMAL HOSPITAL VCA MAIN ST ANIMAL HOSPITAL VERIZON WIRELESS W W GRAINGER WALMART WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZUMAR INDUSTRIES EQUIFAX INFORMATION SVCS MLEY HORN AND ASSOC INC KOCH ARMSTRONG GENERAL ENGR PROJECT PROFESSIONALS CORP WARRANT REGISTER # 25 12/17/2013 DESCRIPTION MOP 45753 K9 FOOD SERVICE 10/17/13 - 11/15/13 FOOD / NUTRITION MOP 45756 MISC SUPPLIES - FIRE MOP 63845 BUSINESS CARD IMPRINTS FENCE INSTALLATION & REPAIRS LATCH ASSEMBLY, BYPASS LH TRAFFIC SIGNAL & STREET LIGHTING WATER / NUTRITION PROVIDE ON -CALL DEPOSIT #1691 - 8TH ST BLUELINE DEPOSIT #1808 - PLAZA BONITA BIKE PATH MOP 45704 OFFICE SUPPLIES - PD MOP 45704. OFFICE SUPPLIES / FIN MOP 61744 MISC SUPPLIES - MIS STREET WATER APPLICATION FEE FOR ENV COMPLIANCE FOOD & CONSUMABLES EMPLOYEE SURVEY PREP FACILITATION, EXECS STATEGIC ANALYSIS ADVERTISING H & M GOODIES AUCTION PROFESSIONAL SERVICES REFUND - SEWER CHGS DEPOSIT #1748.2401 PLAZA BLVD DIGITAL MAGNETIC 5 X7 CALENDARS LABOR, REPAIRS TO SWEEPER CREDIT CARD EXP - HR MEDICAL SERVICES LEGAL NOTICES ADVERTISING UPS SHIPMENT MOP 46453 PLUMBING MATERIAL LABOR REPAIR FAULTY CAC HOSE EMERGENCY VET VIST FOR K9 MARKO K9 VET CARE / POLICE CELL SERVICE 10/22/13 - 11/21/13 MOP 65179 ELECTRICAL MATERIAL GIFT CARDS FOR STUDENT WINNERS - CALENDARS JANITORIAL SUPPLIES CLEAR INVESTIGATIVE DATABASES / PD MOP 63850 AUTO PARTS MOP 45763 MISC SUPPLIES - MIS SPECIAL SIGNS S8 FEES FOR EQUIFAX SVC / DEC 2013 HIGHLAND AVENUE RFA RETENTION TO DATE PD EVIDENCE ROOM EXPANSION CHK NO DATE 310336 12/17/13 310337 12/17/13 310338 12/17/13 310339 12/17/13 310340 12/17/13 310341 12/17/13 310342 12/17/13 310343 12/17/13 310344 12/17/13 310345 12/17/13 310346 12/17/13 310347 12/17/13 310348 12/17/13 310349 12/17/13 310350 12/17/13 310351 12/17/13 310352 12/17/13 310353 12/17/13 310354 12/17/13 310355 12/17/13 310356 12/17/13 310357 12/17/13 310358 12/17/13 310359 12/17/13 310360 12/17/13 310361 12/17/13 310362 12/17/13 310363 12/17/13 310364 12/17/13 310365 12/17/13 310366 12/17/13 310367 12/17/13 310368 12/17/13 310369 12/17/13 310370 12/17/13 310371 12/17/13 310372 12/17/13 310373 12/17/13 310374 12/17/13 310375 12/17/13 310376 12/17/13 310377 12/17/13 310378 12/17/13 310379 12/17/13 310380 12/17/13 310381 12/17/13 310382 12/17/13 3/4 AMOUNT 1,395.90 175.00 481.27 200.74 63.22 301.20 312.41 10,704.08 27.90 78,625.00 2,062.50 1,687.50 1,054.92 14.37 577.06 326.35 1,481.00 6,980.01 11,200.00 4,000.00 4,285.71 56.38 243.75 1,545.12 2,270.18 599.50 1,995.00 1,957.70 600.00 1,316.34 1.09 49.82 1,296.73 1,309.62 954.80 7,003.06 88.40 500.00 2,345.04 455.11 307.04 234.97 492.79 155.10 13,551.02 35,996.99 17,982.00 AIP Total 1,569,210.27 PAYEE WIRED PAYMENTS TRISTAR RISK MANAGEMENT SECTION 8 HAPS PAYMENTS WARRANT REGISTER # 25 12/17/2013 DESCRIPTION NOV 2013 WC REPLENISHMENT Start Date End Date 12/11/2013 12/17/2013 4/4 CHK NO DATE AMOUNT 177653 12/11/13 43,055.43 8,345.03 GRAND TOTAL $ 1,620,610.73 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. A 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 4th OF FEBRUARY, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 4, 2014 AGENDA ITEM NO. �O ITEM TITLE: Warrant Register #26 for the period of 12/18/13 through 12/24/13 in the amount of $1,845,689.77. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Finan�i14--- PHONE: 619-336-4331! APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 12/18/13 through 12/24/13. In accordance with Finance Department policy, below is an explanation of all warrants above $50,000.00. Vendor Check Amount Explanation None Wire(s): Vendor Paradise Creek Wire # 193326 Amount Explanation 1,000,000.00 Pre -development Draw Req 6 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $1,845,689.77. APPROVED:`ifiL6finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: patification of warrants in the amount of $1,845,689.77. BOARD / COMMISSION RECOMMENDATION: IN/A ATTACHMENTS: Warrant Register #26 PAYEE WIRED PAYMENTS PARADISE CREEK SECTION 8 HAPS PAYMENTS PAYROLL Pay period 26 Start Date 11/26/2013 WARRANT REGISTER #26 12/24/2013 DESCRIPTION PRE -DEVELOPMENT Start Date 12/18/2013 End Date 12/9/2013 DRAW REQUEST #9 End Date 12/24/2013 Check Date 12/18/2013 CHK NO DATE A!P Total 193326 12/19/13 GRAND TOTAL AMOUNT 0.00 1,000,000.00 6,445.60 839,244.17 $ 1,845,689.77 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. TS, 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 4th OF FEBRUARY, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 4, 2014 AGENDA ITEM NO.11 ITEM TITLE: !Warrant Register #28 for the period of 1/1/14 through 1/7/14 in the amount of $2,316,202.41. (Finance) PREPARED BY: IK. Apalateguij DEPARTMENT: Financ PHONE: 1619-336-4331APPROVED BY: EXPLANATION: IPer Government Section Code 37208, attached are the warrants issued for the period of 1/1/14 through 1/7/14. In accordance with Finance Department policy, below is an explanation of all warrants above $50,000.00. Vendor Check Amount Explanation Health Net Inc 310423 57,251.19 Insurance R1192A / Jan 2014 Kaiser Foundation 310431 164,441.79 Active Insurance / Jan 2014 Public Emp Ret System 310462 299,240.78 Service Period 12/10/13-12/23/13 Sweetwater High Sch Dist 310481 71,188.34 CDBG Program2eimburs nt FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $2,316,202.41. 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 $2,316,202.41. BOARD / COMMISSION RECOMMENDATION: IN/A1 ATTACHMENTS: Warrant Register #28 WARRANT REGISTER #28 1/7/2014 PAYEE DESCRIPTION CHK NO DATE AMOUNT A REASON TO SURVIVE BIKE PARKING 310383 1/7/14 3,705.90 ACEDO, I RETIREE HEALTH BENEFITS / JAN 2014 310384 1/7/14 160.00 ALDEMCO FOOD CONSUMABLES AND NON CONSUMABLES 310385 1/7/14 1,687.65 ALL FRESH PRODUCTS FOOD FOR NUTRITION CENTER 310386 1/7/14 1,022.75 ALLEN, R RETIREE HEALTH BENEFITS / JAN 2014 310387 1/7/14 125.00 ANDERSON, E RETIREE HEALTH BENEFITS / JAN 2014 310388 1/7/14 110.00 ARI FLEET L T LSR REFUND DUPLICATE CITATION PAYMENT 310389 1/7/14 35.00 AT&T MCI SBC/ATT PHONE SERVICE 310390 1/7/14 368.63 BEARD, P RETIREE HEALTH BENEFITS / JAN 2014 310391 1/7/14 70.00 BECK, L RETIREE HEALTH BENEFITS / JAN 2014 310392 1/7/14 140.00 BEST BEST & KRIEGER ATTNY LAW REGIONAL PERMIT PETITION 310393 1/7/14 142.50 BISHOP, R RETIREE HEALTH BENEFITS / JAN 2014 310394 1/7/14 110.00 BOEGLER, C RETIREE HEALTH BENEFITS / JAN 2014 310395 1/7/14 260.00 BOYD, P RETIREE HEALTH BENEFITS / JAN 2014 310396 1/7/14 145.00 BOYS & GIRLS CLUB ANNUAL DINNER 310397 1/7/14 50.00 CALNENA TUITION: CAL-NENA CONFERENCE 310398 1/7/14 950.00 CEB EFFECTIVE INTRO OF EVIDENCE IN CA 310399 1/7/14 146.11 CONDON, D RETIREE HEALTH BENEFITS / JAN 2014 310400 1/7/14 280.00 CORDERO, E SUBSISTENCE - SHERMAN BLOCK LEADERSHIP 310401 1/7/14 468.00 DERO, E SUBSISTENCE - SHERMAN BLOCK LEADERSHIP 310402 1/7/14 468.00 <PUZ, T RETIREE HEALTH BENEFITS / JAN 2014 310403 1/7/14 140.00 COUNTY OF SAN DIEGO RCS SYSTEM MAINTENANCE 310404 1/7/14 15,052.00 COUNTY OF SAN DIEGO PROPERTY TAXES FOR CITY PROPERTY 310405 1/7/14 57.12 DANESHFAR, Z RETIREE HEALTH BENEFITS / JAN 2014 310406 1/7/14 250.00 DESROCHERS, P RETIREE HEALTH BENEFITS / JAN 2014 310407 1/7/14 110.00 DI CERCHIO, A RETIREE HEALTH BENEFITS / JAN 2014 310408 1/7/14 70.00 DIAMOND ENVIRONMENTAL SVCS 50 GAL. FRESH WATER 310409 1/7/14 603.60 DOOLEY ENTERPRISES FMJ-REDUCED LEAD 310410 1/7/14 22,092.90 DREDGE, J RETIREE HEALTH BENEFITS / JAN 2014 310411 1/7/14 250.00 EISER 111, G RETIREE HEALTH BENEFITS / JAN 2014 310412 1/7/14 250.00 EMERGENCY EQPT ENGINEERING LEATHER GEAR / POLICE 310413 1/7/14 368.99 FABINSKI, D RETIREE HEALTH BENEFITS / JAN 2014 310414 1/7/14 220.00 GELSKEY, K RETIREE HEALTH BENEFITS / JAN 2014 310415 1/7/14 115.00 GIBBS JR, R RETIREE HEALTH BENEFITS / JAN 2014 310416 1/7/14 120.00 GORMSEN APPLIANCE CO CITY-WIDE APPLIANCE PURCHASES, REPAIRS 310417 1/7/14 663.92 GRANICUS INC GRANICUS WEBCASTING - DEC 2013 310418 1/7/14 1,477.35 GTC SYSTEMS INC GTC SYSTEMS NETWORK SUPPORT 310419 1/7/14 1,267.50 GUNDERT, M RETIREE HEALTH BENEFITS / JAN 2014 310420 1/7/14 350.00 HANSON, E RETIREE HEALTH BENEFITS / JAN 2014 310421 1/7/14 135.00 HAUG, S RETIREE HEALTH BENEFITS / JAN 2014 310422 1/7/14 120.00 HEALTH NET INC HEALTHNET INS / R1192A / JAN 2014 310423 1/7/14 57,251.19 HODGES, B RETIREE HEALTH BENEFITS / JAN 2014 310424 1/7/14 200.00 HONDO, E RETIREE HEALTH BENEFITS / JAN 2014 310425 1/7/14 110.00 1"4,GE ONE MARKETING GROUP INC WELLNESS PROGRAM 310426 1/7/14 74.93 'R'L INST OF MNCPL CLERK MEMBERSHIP FEES 310427 1/7/14 200.00 ....Al MOUNTAIN RECORDS MGMNT/DOCUMENT STORAGE 310428 1/7/14 148.00 JAMES, R RETIREE HEALTH BENEFITS / JAN 2014 310429 1/7/14 140.00 JUNIEL, R RETIREE HEALTH BENEFITS / JAN 2014 310430 1/7/14 50.00 KAISER FOUNDATION HEALTH PLANS ACTIVE INS / GRP 104220-0002 /JAN 2014 310431 1/7/14 164,441.79 KAISER FOUNDATION HEALTH PLANS H S A INS / GRP 104220-0005 / JAN 2014 310432 1/7/14 2,476.01 PAYEE KIMBLE, R KONICA MINOLTA LANDA, A LIMFUECO, M LOPEZ, T MALDONADO, J MAN K-9 INC. MATIENZO, M MAZZARELLA LORENZANA LLP MC CABE, T MEDINA, R MURRAY, J MYERS,13 NOSAL, W NOTEWARE, D OCHOA, I OPPER & VARCO LLP ORIENTAL TRADING CO INC PACIFIC AUTO REPAIR PAPA PAUU JR, P PEACE OFFICERS RESEARCH PEASE JR, D PEPPERBALL PETERS, S POST, R POTTER, C PRO BUILD PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RAY, S ROARK, L ROE, V RUIZ, J S D COUNTY SHERIFF'S DEPT SAN DIEGO REGIONAL SAN DIEGO REGIONAL SEAPORT MEAT COMPANY SERVATIUS, J SHORT, C SMART & FINAL SMITH, J STACK TRAFFIC CONSULTING INC STAPLES ADVANTAGE STARTECH COMPUTERS STRASEN, W SWEETWATER AUTHORITY S W E ET WATE R AUTHORITY SWEETWATER UNION HIGH SCH DIST SYSCO SAN DIEGO WARRANT REGISTER #28 1/7/2014 DESCRIPTION RETIREE HEALTH BENEFITS / JAN 2014 COPIER EQUIPT LEASE - OCT 2013 RETIREE HEALTH BENEFITS / JAN 2014 RETIREE HEALTH BENEFITS / JAN 2014 TRANSLATION SERVICES RETIREE HEALTH BENEFITS / JAN 2014 K9 MAINTENANCE TRAINING-NOV 2013 RETIREE HEALTH BENEFITS / JAN 2014 LEGAL SERVICES TO PURSUE INDEMNITY RETIREE HEALTH BENEFITS / JAN 2014 RETIREE HEALTH BENEFITS / JAN 2014 RETIREE HEALTH BENEFITS / JAN 2014 RETIREE HEALTH BENEFITS / JAN 2014 RETIREMENT SETTLEMENT /JAN 2014 RETIREE HEALTH BENEFITS / JAN 2014 RETIREE HEALTH BENEFITS / JAN 2014 LEGAL SERVICES - ED VILLAGE/GENERAL ELVES WNELCRO ARMS/XMAS STICKERS SMOG CERTIFICATION & REPAIRS MEMBERSHIP FEES - 2014 RETIREE HEALTH BENEFITS / JAN 2014 PORAC / POLICE RETIREE HEALTH BENEFITS / JAN 2014 LAUNCHER - TACTICAL TX KIT RETIREE HEALTH BENEFITS / JAN 2014 RETIREE HEALTH BENEFITS / JAN 2014 RETIREE HEALTH BENEFITS / JAN 2014 MOP 45707 MISC SUPPLIES - NSD MOP 45742 LAUNDRY - NSD SERVICE PERIOD 12/10/13 - 12/23/13 RETIREE HEALTH BENEFITS / JAN 2014 RETIREE HEALTH BENEFITS / JAN 2014 RETIREE HEALTH BENEFITS /JAN 2014 RETIREE HEALTH BENEFITS /JAN 2014 SHERIFF'S RANGE USE TUITION: RECORDS CLERK COURSE REGISTRATION CANCELLATION FEE FOOD / FOR NUTRITION RETIREE HEALTH BENEFITS / JAN 2014 RETIREE HEALTH BENEFITS / JAN 2014 MOP 45756 MISC SUPPLIES - PD RETIREE HEALTH BENEFITS / JAN 2014 DEPOSIT #1691 - TROLLEY STATIONS MOP 45704 OFFICE SUPPLIES - SA MOP 61744 MISC SUPPLIES - MIS RETIREE HEALTH BENEFITS / JAN 2014 FACILITIES WATER WATER UTILITIES CDBG PROGRAM EXPENSE REIMBURSEMENT FOOD & CONSUMABLES FOR NUTRITION CENTER CHK NO DATE 310433 1/7/14 310434 1/7/14 310435 1/7/14 310436 1/7/14 310437 1/7/14 310438 1/7/14 310439 1/7/14 310440 1/7/14 310441 1/7/14 310442 1/7/14 310443 117/14 310444 1/7/14 310445 1/7/14 310446 1/7/14 310447 1/7/14 310448 1/7/14 310449 1/7/14 310450 1/7/14 310451 1/7/14 310452 1/7/14 310453 1/7/14 310454 1/7/14 310455 1/7/14 310456 1/7/14 310457 1/7/14 310458 1/7/14 310459 1/7/14 310460 1/7/14 310461 1/7/14 310462 1/7/14 310463 1/7/14 310464 1/7/14 310465 1/7/14 310466 1/7/14 310467 1/7/14 310468 1/7/14 310469 1/7/14 310470 1/7/14 310471 1/7/14 310472 1/7/14 310473 1/7/14 310474 1/7/14 310475 1/7/14 310476 1/7/14 310477 1/7/14 310478 1/7/14 310479 1/7/14 310480 1/7/14 310481 1/7/14 310482 1/7/14 2/3 AMOUNT 300.00 15,219.84 155.00 160.00 210.00 130.00 800.00 100.00 1,155.00 280.00 105.00 150.00 140.00 1,176.44 120.00 125.00 130.00 186.24 1� n nn 1 80.00 140.00 6,930.00 290.00 280.00 150.00 120.84 14.44 299,240.78 190.00 135.00 120.00 310.00 500.00 525.00 50.00 1,722.30 340.00 300.00 55.79 320.00 2,250.00 4 1 .O.uu 20,537.26 43.60 71,188.34 4,805.02 PAYEE THE LINCOLN NATIONAL LIFE INS THE STATE BAR OF CALIFORNIA THE STATE BAR OF CALIFORNIA THE STATE BAR OF CALIFORNIA TIERRA WEST ADVISORS INC TIPTON, B TRIVIZ, R UNDERGROUND SERVICE ALERT UNION TRIBUNE PUB CO URIAS, N US BANK PARS 6746022500 USA MOBILITY WIRELESS INC ZIETLOW, D SECTION 8 HAPS PAYMENTS ROLL Pay period Start Date 1 12/10/2013 WARRANT REGISTER #28 1/7/2014 DESCRIPTION LIFE & AD&D, STD, LTD INS / JAN 2014 MEMBERSHIP DUES - CLAUDIA SILVA MEMBERSHIP DUES - JENNIFER KNIGHT MEMBERSHIP DUES - ELISA CUSATO PROFESSIONAL SERVICES / AUG 2013 RETIREE HEALTH BENEFITS /JAN 2014 RETIREE HEALTH BENEFITS / JAN 2014 UNDERGROUND SERVICE ALERT CHARGES PUBLIC NOTICING FOR PLANNING COMMISSION RETIREE HEALTH BENEFITS /JAN 2014 PARS DEFINED BENEFITS / J. SMITH METROCALL PAGER SERVICE RETIREE HEALTH BENEFITS / JAN 2014 Start Date 1/1/2014 End Date 12/23/2013 End Date 1/7/2014 Check Date 1/1/2014 CHK NO DATE AMOUNT 310483 1/7/14 8,275.16 310484 1/7/14 490.00 310485 1/7/14 490.00 310486 1/7/14 415.00 310487 1/7/14 4,680.00 310488 1/7/14 250.00 310489 1/7/14 135.00 310490 1/7/14 153.00 310491 1/7/14 894.00 310492 1/7/14 125.00 310493 1/7/14 12, 732.67 310494 1/7/14 786.89 310495 1/7/14 150.00 MP Total 741,392.93 708,954.72 865,824.76 GRAND TOTAL $ 2,316,202.41 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 4th OF FEBRUARY, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 4, 2014 AGENDA ITEM NO. 12 ITEM TITLE: Resolution of the City Council of National City approving a Conditional Use Permit for alcohol sales at Redbird Market located at 2035 Highland Avenue. (Applicant: Laith Arabo) (Case File 2013-18 CUP) /" PREPARED BY: Martin ee er, AICP DEPARTMENT: PHONE: 336-4313 APPROVED BY: EXPLANATION: ;The City Council conducted a public hearing on this item at the January 21, 2014 City Council meeting. Condition No. 20 was amended to limit alcohol sales to between 10 a.m. and 10 p.m. Sunday to Friday, and between 10 a.m. and 11 p.m. on Saturday. An additional condition was added requiring staff to report back to Council twelve months from the date of approval on compliance with conditions of approval (No. 27). The attached resolution is needed to take action on the item. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project under CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: (Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Resolution RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT REDBIRD MARKET LOCATED AT 2035 HIGHLAND AVENUE APPLICANT: LAITH ARABO. CASE FILE NO. 2013-18 CUP APN: 561-271-04 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit for alcohol sales at Redbird Market located at 2035 Highland Avenue at a duly advertised public hearing held on January 21, 2014, at which time the City Council considered evidence; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2013-18 CUP, which is maintained by the City and incorporated herein by reference, along with any other evidence presented at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearing held on January 21, 2014, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use is an accessory use to an existing grocery market in an existing commercial area, and since the sale of liquor is not expected to increase the demand for parking on the property. 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 Highland Avenue is classified as an arterial street in the Circulation Element, and the addition of alcohol sales is expected to result in minimal increased traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be compatible with other nearby businesses, and the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of a grocery store, an established and allowed use in the applicable mixed -use zone. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of distilled spirits pursuant to law. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit i approved subject to the following conditions: Resolution No. 2014 — Page Two February 4, 2014 General 1. This Conditional Use Permit authorizes the sale of beer, wine, and distilled spirits at Redbird Market located at 2035 Highland Avenue. Plans submitted for permits associated with this project shall conform with Exhibits "A", Case File No. 2013-18 CUP, dated September 24, 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 to the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval, unless extended according to procedures specified in 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. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. 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. Planning 7. The sale of beer or malt beverages in quantities of quarts, 22-ounce, 32-ounce, 40-ounce, or similar size containers is prohibited. 8. No beer products shall be sold less than manufacturer's pre -packaged three -pack quantities of 24-ounce cans per sale. There shall be no sale of single cans or bottles. 9. No sale of wine or distilled spirits shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. Resolution No. 2014 — Page Three February 4, 2014 10. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four - pack or other manufacturer's pre -packaged multi -unit quantities. 11. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings, and any property or adjacent property under the control of the applicant. 12. All cups and containers shall be sold at or above prevailing prices and in their original multi - container packages of no fewer than 12, and no cups and containers shall be given free of charge. 13. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 14. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, Case File No. 2013-18 CUP, dated 9/24/2013. In addition, no alcohol shall be displayed on end caps or featured in the main aisles of the store. The current exhibit does not show the location of wine; therefore, it will need to be modified to show a location subject to approval by the Planning Department. 15. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Department at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 inches by 22 inches (17" x 22") in size, with lettering not less than one inch (1") in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 16. Containers of distilled spirits may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 17. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs that are clearly visible to the exterior, shall constitute a violation of this condition. 18. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any peace officer of the California Department of Alcoholic Beverage Control upon demand. Resolution No. 2014 — Page Four February 4, 2014 20. All sellers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 21. The sale of alcoholic beverages shall be limited to the hours of 10:00 a.m. to 10:00 p.m., Sunday through Friday, and 10:00 a.m. to 11:00 p.m. on Saturdays. 22. Coolers and/or cabinets containing alcohol products shall be locked and made inaccessible to the public outside of the hours listed in condition number 21, or as modified through permit modification. 23. No coin operated amusement devices shall be operated on the licensed premises. This restriction is intended to discourage loitering by those interested in or involved in purchasing alcoholic beverages and do not apply to coin operated rides intended to cater to children. 24. As part of this permit, security cameras shall be installed on the premises. 25. Exterior walls of buildings/freestanding signs/trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Planning Department. Graffiti shall be removed within 72 hours of its observance as required by Chapter 10.54 — Graffiti Control — of the National City Municipal Code. 26. No parking is permitted between the building and East 21st Street. The parking spaces marked on the concrete on the south side of the building shall be removed. "No Parking" signs shall be posted on the south side of the building. The City Manager or designee may require additional measures to discourage parking in this area should the aforementioned remedy not be effective (e.g., landscaping, bollards, etc.). Police 27. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display, and marketing or merchandising of alcoholic beverages. 28. After 12 months of being operational, this Conditional Use Permit shall be reviewed for compliance with the foregoing Conditions of Approval. A status report will be provided to the City Council on impacts, if any, that have occurred as a result of the approval of the sale of distilled spirits. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. [Signature Page to Follow] Resolution No. 2014 — Page Five February 4, 2014 PASSED and ADOPTED this 4th day of February, 2014. 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 :ETING DATE: February 4, 2014 AGENDA ITEM NO.0 ITEM TITLE: 1Resolution of the City Council of the City of National City authorizing the appropriation and corresponding revenue increase of $1,000,000 for the purpose of environmental remediation work on the Westside In -fill Transit Oriented Development project site. PREPARED BY: Stephen Manganiello, City Engineer; PHONE: (619) 336-43821 EXPLANATION: DEPARTMENT: Engineering and Public Works Department APPROVED BY: Paradise Creek Housing Partners, L.P., a California limited partnership ("Developer") and the Community Development Commission of the City of National City ("CDC") entered into a Disposition and Development Agreement titled Transit Oriented InfiII Affordable Housing and Paradise Creek Enhancement Project and dated June 21, 2011 ("DDA"). Phase I of the development consists of 109 units and the development of a community park. On December 18, 2013, the City of National City entered into a Site Infrastructure Agreement ("Agreement") with the Developer that would reimburse the City of National City up to $4,000,000 for the fees, costs and expenses incurred by the City with respect to preparation of the Site, including without limitation, costs incurred with respect to relocation of persons and improvements located at the Site. The City received a $1,000,000 payment on December 20, 2013 as required by the Site Infrastructure Agreement. The revenue will be appropriated for the ayment of Site remediation contracts and related costs. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS Revenue $1,000,000, 001-06029-3648 WI-TOD Site Infrastructure Expenditure $500,000, 001-409-500-598-1596 WI-TOD Site Remediation $500,000, 001-409-500-598-1595 Public Works Facility Relocation Project ENVIRONMENTAL REVIEW: Not applicable. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable. LTTACHMENTS: iJone. RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION AND CORRESPONDING REVENUE INCREASE OF $100,000 FOR THE PURPOSE OF ENVIRONMENTAL REMEDIATION WORK ON THE WESTSIDE IN -FILL TRANSIT ORIENTED DEVELOPMENT PROJECT SITE WHEREAS, Paradise Creek Housing Partners, LP, (the "Developer") and the Community Development Commission of the City of National City ("CDC") entered into a Disposition and Development Agreement titled Transit Oriented In -fill Affordable Housing and Paradise Creek Enhancement Project dated June 21, 2011; and WHEREAS, Phase 1 of the development consists of 109 units and the development of a community park; and WHEREAS, on December 18, 2013, the City entered into a Site Infrastructure Agreement ("Agreement") with the Developer that would reimburse the City up to $4,000,000 for the fees, costs, and expenses incurred by the City with respect to preparation of the site, including without limitation, costs incurred with respect to relocation of persons and improvements located at the site; and WHEREAS, the City received a $1,000,000 payment on December 20, 2013, as required by the Agreement; and WHEREAS, the revenue will be appropriated for the payment of site remediation contracts and related costs. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the appropriation and corresponding revenue increase of $1,000,000 for the purpose of environmental remediation work on the Westside In -fill Transit Oriented Development Project site. PASSED and ADOPTED this 4th day of February, 2014. 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 FETING DATE: February 4, 2014 AGENDA ITEM NO. 14 ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract in the not to exceed amount of $858,609.00 to Clauss Construction for the 2020 and 2100 Hoover Avenue Remediation and Site Demolition Project, Specification No. 13-01; 2) authorizing a 25% contingency in the amount of $214,652.25 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Engineering & Public Works APPROVED BY: APPROVED:b(li'+; 6:4-Finance APPROVED: MIS $458,424.66, Account No. 001-499-500-598-1592 (WI-TOD Phase 1); $255,670.20 Account No. 001-499-500-598-3934 (National City Westside Infill T.O.D.); $144,514.14, Account No. 001-409-500-598-1596 (WITOD Site Remediation). ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A kTTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution EXPLANATION The 2020 and 2100 Hoover Avenue Remediation and Site Demolition Project, Specification No. 13-01, will deliver a clean site for 2020 and 2100 Hoover Avenue, and the parcel west of Paradise Creek, to allow for future development of the Westside Infill Transit Oriented Development (WI-TOD) affordable housing project and open space park. This contract includes removal and disposal of unsuitable soils and materials, and demo of the existing Public Works yard, facilities and auxiliary structures. In December, 2013, the bid solicitation was advertised in local newspapers and posted on the City's website. On January 22, 2014, five sealed bids were received by the deadline, opened and publically disclosed. Clauss Construction was the apparent low bidder with a total bid amount of $858,609.00. Upon review of all documents submitted and reference checks, Clauss Construction's bid is responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Attached are the bid opening results and a summary of the three lowest bidders for your information. Staff recommends the following: 1) award a contract in the not to exceed amount of $858,609.00 to Clauss Construction for the 2020 and 2100 Hoover Avenue Remediation and Site Demolition Project, Specification No. 13-01; 2) authorize a 25% contingency in the amount of $214,652.25 for any unforeseen changes; and 3) authorize the Mayor to execute the contract. BID OPENING SPECIFICATION NUMBER: 13-01 PROJECT TITLE: 2020 & 2100 Hoover Avenue Remediation and Site Demolition TIME: 3:00 P.M. DATE: WEDNESDAY, January 22, 2014 ESTIMATE: $1,253,000.00 PROJECT ENGINEER: STEPHEN MANGANIELLO NO. BIDDER'S NAME BID AMOUNT ADDENDA BID SBC7RITY 1. Clauss Construction 8956 Winter Gardens Blvd. Lakeside, CA 92040 $858,609.00 1-4 Bond 2. West -Tech Contracting, Inc. 568 N. Tulip Street Escondido, CA 92025 S863,435.98 1-4 Bond 3. Whillock Contracting, Inc. P.O. Box 2322 La Mesa, CA 91943 $907,817.50 1-4 Bond 4. NCM Demolition and Remediation 404 North Berry Street Brea, CA 92821 $1,050,800.00 1-4 Bond 5. Aman Environmental Construction 614 E. Edna Place CovinazCA 91723 S1,498,913.00 1-4 Bond 2020 AND 2100 HOOVER AVENUE REMEDIATION & SITE DEMOLITION Specification No 13-01 Clauss Construction West -Tech Whillock Contracting, Inc. Item No. Description (S) Indicates Specialty Item Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Pi A Fi' e e raf e r , h v.,. t..:. 1 Mobilization/Demobilization LS 1 $ 15,000.00 $ 15,000.00 $ 14,853.44 $ 14,853.44 $ 17,083.00 $ 17,083.00 2 SWPPP LS 1 $ 2,000.00 $ 2,000.00 $ 31,275.86 $ 31,275.86 $ 28,809.00 $ 28,809.00 3(5) Remove and dispose of all lead paint and asbestos from the Equipment Maintenance Building (Building 200) LS 1 $ 101,400.00 $101,400.00 $ 109,999.57 $109,999.57 $ 50,429.00 5 50,429.00 4 Demolish, remove and dispose of Building 200 and its foundation LS 1 $ 37,575.00 $ 37,575.00 $ 32,671.11 $ 32,671.11 $ 61,972.00 $ 61,972.00 5 Demolish, remove and dispose of hydraulic lift foundations at Building 200 LS 1 $ 1,250.00 $ 1,250.00 $ 7,369.60 $ 7,369.60 $ 2,568.00 $ 2,568.00 6(S) Excavate, stockpile, categorize, remove and dispose of contaminated soil at the previous vehicle lift location and dispose of at the Otay Landfill, California (AOC-01) TON 115 $ 140.00 $ 16,100.00 $ 199.17 $ 22,904.55 $ 112.00 $ 12,880.00 7(5) Excavate, stockpile, categorize, remove and dispose of contaminated soil at the previous vehicle lift location and dispose of at the Copper Mountain landfill, Arizona (AOC-01) TON 115 $ 161.00 $ 18,515.00 $ 254.21 $ 29,234.15 $ 127.00 $ 14,605.00 8(5) Excavate, stockpile, categorize, remove and dispose of contaminated soil at the previous vehicle lift location and dispose of at the U.S. Ecology Landfill, Nevada (AOC-01) TON 115 $ 357.00 $ 41,055.00 $ 87.47 $ 10,059.05 $ 287.50 $ 33,062.50 9 import, mix, piace ana compact unclassified fill at the previous lift location CY 200 $ 40.63 $ 8,126.00 $ 20.20 $ 4,040.00 $ 32.00 $ 6,400.00 10 Excavation, mix, replace and compact clean overburden at the previous vehicle lift location CY 300 $ 12.16 $ 3,648.00 $ 5.07 $ 1,521.00 $ 56.90 $ 17,070.00 11 Dewatering of hydraulic lift/contaminated soil remediation excavation LS 1 $ 21,000.00 $ 21,000.00 $ - $ - $ 10,150.00 $ 10,150.00 12(5) Excavate, stockpile, categorize, remove and dispose of contaminated soil on the parcel West of Paradise Creek to the Otay Landfill, California (AOC-05) CY 200 $ 160.00 $ 32,000.00 $ 84.09 $ 16,818.00 $ 141.00 $ 28,200.00 13(5) txcavate, stockpile, categorize, remove and dispose of contaminated soil on the parcel West of Paradise Creek to the Copper Mountain Landfill, Arizona (AOC-05) CY 200 $ 172.50 $ 34,500.00 $ 107.33 $ 21,466.00 $ 164.00 $ 32,800.00 14(5) Excavate, stockpile, categorize, remove and dispose of contaminated soil on the parcel West of Paradise Creek to the U.S. Ecology Landfill, Nevada (AOC-05) CY 200 $ 530.00 $106,000.00 $ 131.21 $ 26,242.00 $ 373.00 $ 74,600.00 ..»c�.,,«.-... 8A$@B.IQ,. i<....Ktac:v{'{"s Ph se over e e d c3s, _ ..,AY��. ) E �:. f" ' r� "` N" a`-M-Nr . ' .:. na �3'a " �.. -i'x .<. . '� . � +t x 1," a ,�y. � t�,�. � - r;;:r ^w*r.v ,. � �.-t 15 Mobilization/Demobilization LS 1 $ 13,000.00 $ 13,000.00 $ - $ - $ 2,962.00 $ 2,962.00 • 16 SWPPP LS 1 $ 10,000.00 $ 10,000.00 $ 16,297.55 $ 16,297.55 $ 15,558.00 $ 15,558.00 17(S) Remove and dispose of all lead paint and asbestos from all buildings at 2020 Hoover Avenue. LS 1 $ 31,000.00 $ 31,000.00 $156,094.89 $ 156,094.89 $ 14,393.00 $ 14,393.00 18 Clearing and Grubbing 2020 Hoover Avenue — LS 1 $ 102,100.00 $102,100.00 $109,485.06 $ 109,485.06 $ 75,760.00 $ 75,760.00 • 19 Hough grade site tor even and straight sheet drainage across site at 2020 Hoover Avenue. LS 1 $ 20,000.00 $ 20,000.00 $ 3,032.30 $ 3,032.30 $ 10,938.00 $ 10,938.00 $ - 20 Mobilization/Demobilization LS 1 $ 13,000.00 $ 13,000.00 $ - $ - $ 3,604.00 $ 3,604.00 21 SWPPP LS 1 $ 10,000.00 $ 10,000.00 $ 23,317.04 $ 23,317.04 $ 18,640.00 $ 18,640.00 22 Clearing and Grubbing the remainder of2100HooverAvenue LS 1 $ 164,000.00 $164,000.00 $196,627.65 $196,627.65 $305,673.00 $305,673.00 23 Rough grade site for even and straight sheet drainage across site at 2100 Hoover Avenue. LS 1 $ 20,000.00 $ 20,000.00 $ 10,756 16 $ 10,,756.16 $ 37,652 00 $ 37 652.00 �p`��[�5 9n131AaFi ..vw�v:+, .t...nA�b�i'w....� .w 'r+F u#.W Y✓car.8..f 24 Excavate, stockpile, categorize, remove and dispose of miscellaneous contaminated soil as directed by the Engineer to Otay Landfill, Chula Vista, CA CY 50 $ 155.00 $ 7,750.00 $ 56.06 $ 2,803.00 .a.. $ 124.00 +.1.:. $ 6,200.00 25 Excavate, stockpile, categorize, remove and dispose of miscellaneous contaminated soil as directed by the Engineer to Copper Mountain Landfill, Arizona CY 50 $ 171.00 $ 8,550.00 $ 71.55 $ 3,577.50 $ 141.00 $ 7,050.00 26 Excavate, stockpile, categorize, remove and dispose of miscellaneous contaminated soil as directed by the Engineer to US Ecology Landfill, Nevada CY 50 $ 370.00 $ 18,500.00 $ 87.47 $ 4,373.50 $ 335.00 $ 16,750.00 27 Install and maintain temporary security fencing and gates LF per Month 1,600 $ 0.65 $ 1,040.00 $ 5.38 $ 8,608.00 $ 0.19 $ 304.00 28 Removal of temporary security fencing and gates LS 1 $ 1,500.00 $ 1,500.00 $ - $ - $ 1,705.00 $ 1,705.00 BASE BID TOTAL $858,609.00 ' ,.$863,426`98` $907,817.50 • RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO CLAUSS CONSTRUCTION IN THE NOT TO EXCEED AMOUNT OF $858,609 FOR THE 2020 AND 2100 HOOVER AVENUE REMEDIATION AND SITE DEMOLITION PROJECT, AUTHORIZING A 25% CONTINGENCY IN THE AMOUNT OF $214,652.25 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the Engineering Division of the Development Services Department, in open session on January 22, 2014, did publicly open, examine, and declare five sealed bids for the 2020 and 2100 Hoover Avenue Remediation and Site Demolition Project ("Project"); and WHEREAS, Clauss Construction was the lowest responsive bidder with a proposed bid amount of $858,609; and WHEREAS, a 25% contingency amount up to $214,652.25 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the 2020 and 2100 Hoover Avenue Remediation and Site Demolition Project to the lowest responsive, responsible bidder, to wit: CLAUSS CONSTRUCTION BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $858,609 with Clauss Construction for the 2020 and 2100 Hoover Avenue Remediation and Site Demolition Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 25% contingency amount up to $214,652.25 for unforeseen changes to the Project. PASSED and ADOPTED this 4th day of February, 2014. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: jFebruary 4, 2014 AGENDA ITEM NO. 1-5 ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for the sale of beer and wine for off -site consumption at an existing market (El Super Market) located at 1811 "L" Avenue. (Applicant: Rodel Chalabi) (Case File 2013-27 CUP) PREPARED BY: Martin Ree2ler, AICP DEPARTMENT: Plann PHONE: 1336-4313 ! APPROVED BY: EXPLANATION: ` I The project location is El Super Market, a neighborhood market in a small shopping center at the southeast comer of East 18th Street and "L" Avenue in the Minor Mixed -Use Corridor (MXC-1) zone. The applicant is requesting to sell beer and wine for off -site consumption between the hours of 9:00 a.m. and 10:00 p.m. seven days a week. Planning Commission conducted a public hearing on December 16, 2013. Commissioners asked questions regarding conditions of approval and items for sale at the market. The Institute for Public Strategies provided written comments at the meeting, which are attached. The Commission voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval, with an added condition prohibiting the sale of tobacco -related or drug -related paraphernalia. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. I APPROVED: ENVIRONMENTAL REVIEW: Not a project per CEQA 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, Baca, Bush, Flores, Pruitt Nays: Garcia Absent: DeLaPaz ATTACHMENTS: 1. Location Map 4. Resolution No. 2-2014 2. Planning Commission Staff Report 5. Reduced Plans l 3. Institute for Public Strategies comments Attachment 1 1 1 E 17th St N a) 1704 1720 1705 1715 1712 1720 RS-2 01 1734 c,) 1738 MXC-1 1819 1827 1829 1849 1901 1905 ♦ W U7 W rn 1810 1828 1902 1904 1906 1910 1916 ✓ m 1725 O O G) co N W N 01 W O W E 18th St 1827 1831 1833 N N 41, O Q) 1905 RM-2 1907 1933 IMMI INN Project Location Zone Boundary I I I 0 75 150 IFeet 300 APN:. 561 -2 1 0-32 Planning Commission Location Map 2013-27 CUP 12.4.13 P8 8t7 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: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 3 December 16, 201 Attachment 2 CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF -SITE CONSUMPTION AT AN EXISTING MARKET (EL SUPER MARKET) LOCATED AT 1811 "L" AVENUE. 2013-27 CUP Southeast corner of East 18th Street and "L" Avenue. 561-210-32 Martin Reeder, AICP Rodel Chalabi Khalid Jabro MXC-1 (Minor Mixed -Use Corridor) Residential across East 18th Street / MXC-1 Multi -Family Residential/ MXC-1 Single -Family Residential / RM-2 (Multi -Unit Res.) Church across "L" Avenue / MXC-1 Not a project per CEQA BACKGROUND Site Characteristics The project location is El Super Market, a neighborhood market in a small shopping center at the southeast corner of East 18th Street and "L" Avenue in the Minor Mixed -Use Corridor (MXC-1) zone. The existing market is approximately 1,200 square feet in size. Other businesses in the center include a Laundromat and a smoothie/frutas business. The area is mostly adjacent to residential uses, with a church across "L" Avenue. El Super Market has been in business for several years, but is now under new ownership. Proposed Use The applicant is requesting to sell beer and wine for off -site consumption between the hours of 9:00 a.m. and 10:00 p.m. seven days a week. Beer and white wine would be stored in a cooler located in the rear of the store. Red wine would be stored on a shelf, nearby the cooler. The submitted application also included a petition in support of alcohol sales, which was signed by 192 people (attached). Analysis Section 18.30.050 of the National City Land Use Code allows for off -site alcohol sales with an approved Conditional Use Permit (CUP). Requirements for the CUP include a community meeting and distance requirements. Community Meeting Pursuant to Section 18.30.050 (C), a community meeting was held . Wednesday, November 27, 2013 from 9:00 a.m. to 12:00 p.m. at the National City Chamber of Commerce. The applicant has stated that no-one was in attendance Distance Requirements Chapter 18.030.050 (D) requires that businesses that sell alcohol as a principal use maintain a 660-foot distance from schools. However, sales of alcohol in this case would be accessory to a market, and would thus not be subject to this requirement. Although there is a church across the street, the Land Use Code does not mention churches with regard to distance requirements. Furthermore, the applicant has stated that the church has not objected to the issuance of a CUP for alcohol sales. The nearest school is Las Palmas Elementary School, located approximately 1,900 feet away. Alcohol Sales Concentration/Location Per California State Alcoholic Beverage Control (ABC), there is currently one other off - sale permit issued in this census tract (121.01), which is El Super (supermarket) located at 3007 Highland Avenue. The other El Super is located almost a mile away. The nearest off -sale outlet is 7-Eleven, located at 1601 East 18th Street (in Census Tract 220), approximately a 1/4-mile away. Census tract 121.01 includes the area of the City between East 18th Street and East 32nd Street. The eastern boundary of the tract is the golf course. The western boundary is "L" Avenue, extending to "J" Avenue south of East 24th Street, extending to Highland Avenue south of East 30th Street. The attached census tract map shows the location of the subject tract. ABC recommends that a total of one off -sale alcohol permit be issued in this census tract, where one exists. This would be an increase of 100%. However, if the City approves a CUP for an additional license, ABC can still issue an alcohol license subject to additional findings. Police Department comments Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 23) had a 2011 crime rate of 108%, below the 120% considered to be a high crime area. PD provided a Risk Assessment report, which assigns points based on the type of business, license concentration, and calls for service (among others) and ranks the business according to potential risk (low, medium, or high). In this case, El Super Market received a score of 15, which would indicate a medium risk. However, PD also had concerns related to water pipes (considered drug paraphemalia) that were on sale at the store. A condition has been added to require compliance with Chapter 18.30.230, which regulates tobacco specialty stores. No comments have been received from the Institute for Public Strategies at this time, although they are aware of the application. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to off -sale alcohol sales per Council policy (alcohol sales incidental to other sales items, hours of operation, RBSS training, etc.). A condition is also included that limits the alcohol display area to the rear cooler and shelving areas, prohibiting alcohol storage near the store entrance. No other Departments provided cornment. Summary El Super Market has been licensed at this location since 2007. The subject census tract is not currently over -concentrated with off -sale alcohol licenses, although issuance of another license would result in a 100% increase in off -sale outlets and in an over - concentration situation. However, the other license in this census tract is almost a mile away and has little influence on the area surrounding the subject area. Conditions would ensure that, if approved, the sale of alcohol for off -site consumption would not have any negative impacts on the surrounding community. PT RECOMMENDATION 1. Approve 2013-27 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2013-27 CUP based on attached findings/findings to be determined by the Planning Commission; or 3. Continue the item to a specific date. ATTACHMENTS 1. Recommended Findings for Approval/Denial 2. Recommended Conditions 3. Location Map 4. Census Tract Map and Police Beat Map 5. Alcoholic Beverage Control Risk Assessment 6. Community Meeting Information 7. Petition in support of alcohol sales 8. Public Hearing Notice (Sent to 724 property owners and occupants) 9. Applicant's Plans (Exhibit A, case file no. 2013-27 CUP, dated 10/24/2013) MARTIN REEDER, AICP Principal Planner P4 RECOMMENDED FINDINGS FOR APPROVAL 2013-27 CUP, 1811 "L" Avenue 1. That the site for the proposed use is adequate in size and shape, since the proposed use is an accessory use to an existing neighborhood market in an existing commercial center and the sale of beer and wine is not expected to increase the demand for parking on the property. 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 East 18th Street is classified as a collector street in the Circulation Element, and the sale of beer and wine for off -site consumption is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use is compatible with other similar businesses located nearby and within a quarter -mile of the property; and since the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the continued viability of a neighborhood market, an established and allowed use in the applicable mixed -use zone. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDING FOR DENIAL 2013-27 CUP, 1811 "L" Avenue 1. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since issuance of another off -sale license would result in an over -concentration of off -sale alcohol licenses in census tract 121.01 in which the subject property is located. 2. The proposed use is not deemed essential and desirable to the public convenience and welfare since beer and wine is currently offered at an outlet within a quarter -mile of the subject property. 3. That public convenience and necessity may not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. PS RECOMMENDED CONDITIONS OF APPROVAL 2013-27 CUP, 1811 "L" Avenue General 1. This Conditional Use Permit authorizes the sale of beer and wine for off -site consumption at an existing market located at 1811 "L" Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, case file no. 2013-27 CUP, dated 10/24/2013. 2. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 3. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 4. This Conditional Use Permit may be revoked if the Permittee is found to be in violation of Conditions of Approval. 5. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Planning 6. The sale of alcoholic beverages shall be limited to between the hours of 9:00 a.m. and 10:00 p.m. seven days a week. 7. All beer and wine products shall be stored in the rear cooler or rear shelving areas. No alcohol products shall be stored in proximity to the store entrance. 8. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 9. No beer products shall be sold of Tess than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 10. Wine shall not be sold in containers of Tess than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 11. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. P6 12. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the Permittee. 13. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 14. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 15.The Permittee shall post signs in compliance with the requirements and specifications of subsection B of section 10.30.070 on each exterior wall of the licensed premises that faces a vehicle parking lot, to read as follows: "WARNING It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot. NCMC_10.30.050 and 10.30.060." 16. Containers of alcoholic beverages may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 17. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 18. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The Permittee shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 19. Every employee of the Permittee, including ownership and management, shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to commencing alcohol sales. As part of the RBSS training, the Permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 20. Display of tobacco -related products shall comply with Chapter 18.30.230 related to tobacco specialty stores. Police 21. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. Gd1V{r1AM®era 13138-3006 Micrpsall QA�ry o ! � I,rd7 lnA'�tsre d:f0� nns�1.60-.QQ_5-Inst,�IIB1A "T1 �,, :T=C0 Mato. I�I$t/smien" GeNeln mse twe kdlregionAlide � AS, O. I f1A 4 me. Ni a ntl tWAAN" ffere trad arks NA a i A�3Te R-Atl MWnedca, inc. kailerteiesinee. T.ele AABa and T9le litlas Ne hivnefiEst ireteadernalke Di Atle lne. `'k �� Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 23 r� EL SUPER MARKET 1811 "L" Avenue National City, CA 91950 November 15, 2013 Dear Neighbor, El Super Market located at 1811 "L" Avenue, National City, CA 91950 is a family owned and operated market. It is now under new ownership and management. When we took over the ownership of the market about three months we joined National City chamber of Commerce; we improved on it; and we also established cordial and meaningful relations with our customers, the church, and the neighboring community. We are totally dedicated, committed, and determined to provide our customers with excellent service and merchandise at reasonable and competitive prices. Upon the request of our customers through their signed petition, who urged us to apply for beer and wine, we responded and have applied for that license with both the Alcoholic Beverage Control (ABC) and National City Development Services Division. The application is now in process by both ABC and National City. We are sending you this letter to seek your support and also to invite you to a community meeting which will be held on Wednesday, November 27, 2013 at National City Chamber of Commerce located at 901 National City Blvd., National City, CA 91950 between the hours of 9Am —12 noon. Your presence and support will be greatly appreciated. We look forward to your participation and support. Thank you. Sincerely, Rudy Owner, El Super Market P111 EL SUPER MARKET 1811 "L" Avenue National City, CA 91950 November 27, 2013 Mr. Martin Reeder, AICP Principal Planner, Planning Division 1243 National City Blvd. National City, CA 91950 Hello Martin, Re: Community Meeting — Case No. 2013-27 CUP The community meeting was scheduled today between the hours of 9AM-12 noon at the National City Chamber of Commerce conference room. I arrived here at 8:45AM to prepare for the meeting. During those scheduled three hours no one showed up at the meeting. So at 12 noon I left and notified the Chamber of my departure. Ms. Irma Islas, the Chamber's Membership Coordinator can attest to the no-show, my arrival, and departure from the chamber. I was somewhat surprised that no one showed up at the meeting despite the fact that both the property owners and the residents within 660 feet radius were notified by mail. Here is the break -down of the mail sent to notify the under mentioned of the meeting: 186 letters to the property owners 533 letters to the residents Letter to the National City Police Dept. Letter to the Institute of Public Strategy Letter to Neighborhood Services Division Letter to the National City Chamber of Commerce Letter to Sweetwater Union High school Letter to National School District Moreover, there are 336 signed and submitted petitions in support of El Super Market to obtain its beer and wine license to serve its customers' necessity and convenience. In view of the above, it clearly appears that no one is objecting to El Super Market obtaining its beer & wine license; otherwise those protesting would have shown at the scheduled community meeting. This concludes my report. I also sincerely hope that the Planning Division will approve the CUP to granting El Super Market's request for the beer & wine license. Thank you for your input and cooperation in this effort, which are highly appreciated. Sincerely, S. • ihad, Ph.D. fo . uper Market etil aorta (411) 701- 5e66 T11 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 11/11/13 BUSINESS NAME: El Super Market ADDRESS: 1206 E. 18th Street, National City, CA 91950 OWNER NAME: Rodel M. Chalabi DOB: 10/28/1985 OWNER ADDRESS: 1811 "L" Avenue, National City CA 91950 (add additional owners on page 2) I. Type of Business ❑ Restaurant (1 pt) X Market (2 pts) ❑ Bar/Night Club (3 pts) II. Hours of Operation ❑ Daytime hours (1 pt) ❑ Close by l Opm (2 pts) X Close after l0pm (3 pts) III. Entertainment ❑ Music (1 pt) ❑ Live Music (2 pts) ❑ Dancing/Live Music (3 pts) IV. Crime Rate ❑ Low (1 pt) X Medium (2 pts) ❑ High (3 pts) V. Alcohol Businesses per Census Tract ❑ Below (1 pt) 0 Average (2 pts) X Above (3 pts) Notes: Census Tract 121.01 allows 2 on -sale and 1 off -sale licenses the census tract currently has 3 on -sale and 1 off -sale type — the census tract is currently over -saturated. 11 calls for service, none directly associated with the market. Medium Risk. Owner had water pipes in the store upon inspection on 11/11/13 see attached pictures. Worker explained they were Hookah pipes. Revised: 7/11 1 of 2 P12 r-- National City Police Department VI. Calls for Service at Location (for previous 6 months) X Below (1 pt) ❑ Average (2 pts) ❑ Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) ❑ Mostly commercial businesses (1 pt) ❑ Some businesses, some residential (2 pts) X Mostly residential (3 pts) VIII. Owner(s) records check X No criminal incidents (1 pt) ❑ Minor criminal incidents (2 pts) ❑ Multiple/Major criminal incidents (3 pts) ABC Risk Assessment Low Risk ( 12pts or less) Medium Risk (13 — 18pts) High Risk (19 — 24pts) Total Points 15 OWNER NAME: Rodel M. Chalabi DOB: 10/28/1985 OWNER ADDRESS: 1811 "L" Avenue, National City CA 91950 OWNER NAME: DOB: OWNER ADDRESS: Recommendation: Over -saturated census tract, 2 on -sale and 1 off -sale allowed. The census tract currently has 3 on -sale and 1 off -sale. A site inspection showed that there were water pipes on the premises (drug paraphernalia). The owner and worker stated they were Hookah pipes, there is no difference between bongs and Hookah water pipes. Completed by: Graham young, Lt. Badge ID: 365 2 of 2 P1i ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. OO 14L" Address d`0@ Address (5-V7 / G Name Rr PO 6 Address 1 5, 11'' ©�- t Name Mi ro,/ ariauveSigns Addresst1,-e" 0 aye/ NC- CR- "lC t nn r (S ( , Date - D-d - 1.3 r� Name CAt'O S u Q `" `'A Sign_ to urc G Address S 1 pV{/ t1 C � 1 -` r- 0 Date p- a 0 • (3 Name Name Signature Date 1 Signature`_ j kate o 1 P-0 t Signature V "� Name Address 9 f ki 1' C Name Lc/S ., r7, 7,-e �. Address O39 L ay!,N� . e 1 Name ' J A . D y ' Address i o2 a AN) Cr). Name Address 13 e) 5 e I s t /U • C Name NVAIAVIA Vxdri Address MG L ajoviCct:1---Atak �1r� Name d h'7/f AddressitO Name yrdoe,..) ' -0 Address 09aCY yd` ' C "« # ate Signatur Date Signature -4 a NC --If Date 53..2o -0) ►2kr4. Date g ' 2 - 1 Signature Signature 611 q Z' Date - - --13 Signature \`�'.• ) C� r% u �)) Date Signature Date Cdr-t-dr(1) P14 ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. Name Address Name Address Name Address Name Address Name Address Name Address Name Address Signature 2.25 vo 54uC Cit ``ttRsrC7z d A Date c9 Signature r,��4cry Signature Signature so Sign. re Name L [, 1) % (7C/ Signature Address (4g; Q ( Name J 6, V t r i� 20 d y (� e J Addressl p q� LA1 + j .5 5 „ 0, . Date A'V Name J d •�V �rA l/ _ Signature Date '9 Date Lv?P Date Cf . g - 13 Signature Address 3�'S�_ C� y�y� Date Name- d,Ca O (mPj Signature Address 3 5 19, c___lkrot Name R. Gk Y P-.-e pQ r Signature AddressZZ / 19 ,4 eV G 1 1-61 at to-C /tj Ca Date Lc Date ($ l DI Address Name Address Name ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. Name p I IOI r a C9Cti Addres16f' / 0 Name al CO C t,Ld L 7-- Address (CV 30)— ful Name IN CWAWA 'e, Address CAN-4, l 0" S t}' e L t Name C-Ae f cA C-ku tr& n Address n,D E t C }s kfe,e,l' Name _AC Pa { E v ! `(e/ Address (9._- L k t Name JOAU,\ (7.--e(1ii0tO ) c L o Addresst� Name LYlar(e5 4 i1 Addres i4rglgC> /422 3 7: Av '2 h Signature Signature c Signature j3 Date G / (/R Signature -' lW4 .,� /�r .-gsr) Date q ((r i„7 Signature ,)� �. �✓'/`�e �fDfate 19g- (-20 Signature �� Date Oct / I /3 Signature J Ciftirar Date Signature \AA, Date cr.-l`13 Signature a Name Signature Address NO IQ GLW—' tit( a 10b Date `l- %1�,J Name Tan (;GMT, Address) �ih_ P16 ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. Name D L�1'� Signatuur ��ql Address ))- L c S (SS?� Name7�- Signature Address / 2 ? L /'/�l�` . /l it i/ 467. 9/fic Date 0,P�� Name W/ 5 604 ( to /' y� p /��F Address 3 3 t\ acts r A-i/e(N4Y)b�C,.& C �`f`Date l/ O"l tg- Name Olt iSiy A n O i Ile' Signature / , Address/� Ef & l/4 %c) L-I- 004 kia fi o n a (C r l G A Q19so Date Q�S I /.7. Name L U CI !/i- (� /7 ? T7a �' Q Signature x;,'�. a/ Address /' 9"'V/ ik /14II``V/� J/firel o p.`� cel tx Date a` ?file Name (d f(I f Gl a I 1 t a Signature �ZrvtMU 0i Address `{' (6 0 0 ri n5 e AA Date oq/o`/J'/3 Name N 1 COI MUrti IN Signature (VI (c)[-G ry l 0 Yfi h Address 133()(a 618 St a -22 Ndf,&nai City C� ,� D ,t i 3 Name Q all � �. • Signature & % rt' �„e Address /g ( , 1NX-_ Dat f 9-5-T Name b` (� a ` Signature � 4 4 (i {� Anu . � 4 t,{ _15 R� Namedt e, Wore. - Address PP j% r row_ P Address Name Address Signature Signature Signature Date q ( S/ a Da e 9T/S113 Date Cl/67(j D17 ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. Name Rbogit z_ Address Name 2 Address 2 6 (Z�-- Name V\ W Address 11/D E .10 Name 5 hS r,c/f N ,j R4kt1 A - Signature Signature ate 3dr13 Signature c_ Date Signature. Address W t- ,4-vr., iYa/d-t,er r r T_�sy C4, 4/YSo Name Vf ( ✓ .�P/ � Signature Address 7 ( 3 Name Address 1.(13 Name y 4s r r ' Address Name Address Name (Ta7 ( r Address ' £(/ P41 Name Qc) 1 eonZU 6QZ Address Name Address Name Address Signature Date ►-3j-/3 P18 ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. Name 11a . o o -z--)A,t. aL.c$ Signature g�es„ o �e Address tagl C-s- l$""A �1-- ki,a-;cps\etc, acz" Date cgllcl113 Name jO1 tC(a -RN \ f Signature Ov:.' Address VI07 143T I ''ST , 1 CIN Date al IA 1k Name GA al \) Ohl 05 Signature C 61 1Jrir 5 vO , Address 1 i L I gj LI ClirtnivA G I Date ! I• ` /3 Name /�,/� (4� Signature at f Z Address f X/ P�/)/T/ � 1 t°/ Name J U L( 0 ,,A E f) f 4//4 Signature Address Name Address i a - `1 L- (' - NIi s'o,v4 C 17 Y fj197/55- Date V 6'j% l 5 C, p - Signature Address 1 G1 L Name i 4 4/ C-�oa I'� 1 Signature Address 1`13Z roa.1 /6 S-free Name Address Name ti lk(F Q Signature Olt Date 'U — lit/ (-3 Signature Address 90 Q70D' \ C OTK e1\ \% \ Name / nm2t ,fbLLh1kf Address('o Name t %i Z Date <C"-ZO Signature Date Signature�_.�� Address Date / 7, J/ D16 ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. Name /Cr- ,Q/ 9 cJ a Signature Address / fr 2 C) L A v P 04#/ 4d t / Ay C4111'5;5 Na&e KU'714 Lrl*N- Na mt. A> Signature Address Nate ?�TRt e. eN ate R-15-LZ -Z. L 70vfiet�1-jorft1Ci}�t�►gvrate $-15-i3 k �,,t,F.t,+r- Signature Address I31'1 - L-Ekvtc Naiie Ovt1 iMxi rip Ki Signature '/�✓ --� - iS- 13 t13 tarq'l. e' c t , ter 4.1 mot. 3"Date Address 24 1 1- L - c' - •J_ t_ Cot. I 1 ct 5—U Naine '&-741—"4- JoS4. 9..FAF S Address -.7/Y 7rd• sr �•c Nine JrAw QvAvl.fro Address 1933 /- Atic fpr/r Name NejeNett, , o,4 (,1$ Address i ±± a(F l$ f f- aft,.. 2.►e4 q/q , Nine /ftIN/ *try jn Address 2111 f 91071 13) ve( het 102 Nam r Le `Jot toL'cJ, Address i7 3 ft L. Ayr. '1‘1 NJie LU1f'I1 frc 1910 L A V6 ; Nadionsl CANA- SfQ L /Iv; Signature Date- 1.5- 13 Signatur Date pis-0 Signature Date 2- Ls- j3 Address Nine Address Na�fie vZoAstailqw !fir 4}1 AiD4 I Address /f'p5' 4, la✓.ilAr cA,61 Signature Signature Date V- J1-/.3 f=rt-'na.. o l ay Date 8- Jti- 13 Signature Lc/&5 G • 01 /Ye (c 5• 9l9so Signature Signature Date B- 16 —13 Date $,- 16r- 1 3 Date,) ^ 13 P20 Date,B- / i 13 C • Dat _VOL_ `cam --'-Q Date <`! 6' l) f Date 8/' .00_ Address 16S .J tet-q -Azy • Date ike (t..3 Name s C ? o fES Signatu re Address ♦ cl ; O Date Name µdj(, 64.. ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service . d merchandise to meet our needs and convenience. Nate 1 / 1c. 1 dos i/�Q, LA, �1� () Signature Address (g3 4i ne .:fist kw`keivia Address Nfiie 6.4.PP(% l} i - -- - ► o cL Address 1 S I-'- > . *if /U, (--, Name U Ose Go nejdtg Address 102i' E )g54 M v)HQ CA 9 f q55 rr_ Signature 4J15( Signature Nam { WAS' Signatu ��,�y , y Signature q p, Address ' g'l [T ' ' 5\CV" 1 • 046 6 q l � Date tM9/ /J Signature Address Name ,S4 Address + SI Name Address Name Address 1$ 33 Wt Name40 -VJ h eke 14' Address 11 0 (p' L • OW 6, Date a/ / eoc3 SignatureG-."G.( f» Rkawl7 Dated p.s 1) ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service aril nerchandise to meet our needs and convenience. Name liftlij V• V 4Z Cit5Wk Cho S Signature Address tfa,o c4 vu (i 4br- en q l ct g Date , 11J Y J Name ie'/'t to f) Of vtlk. Signature Address 3 Y° G it3.-1 P� Name I4V U, j'V auuvre, Signature Address j L Ka V t-ALC �l� 91 i SO Signature i r; Address � b G • `1 � .Sr• ,1 t D Dte 0 /10/I3 Name ""'71'" (%,r;rrS Address Name ivt 2 111/ C4-51$4 C Address 2112 N AJI. l..l - Signature Name -3e" /� Signatur Address tbdl:v Ci1•��.,�i�C �'c�t LV • C..AqNctti `. Name tAkk IAA Signature Address \MA VV y( G Rik Name J( V G 4 e t1 De' Signature Address /1- ZC) `-, A (f e Name -/k%d i1 fit Address I'4--2 n KR{--t inn a4 Name 47,1' "ArceezeArrr! Address Signature Date g-f 617 Date Q - I b 1 Date 47/0 Date bill f p �3 Signature Date (— Name 4/ex/!� , Signature Address i7OG% L ,¢YI' 919 Date 40" r 743 Pll ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. Name Address Name Address Name Name At3GIANdieNctLyy% Address lSOSt(e 91- 0-44Y 25-15-40-Av,-ivvchv Name Address Name e'ju t , 1 Signature C & iRS1) Da / /1 Signature Dat Address tlrLfi L #.'•4 k 641 Name tun0At 2111a71J �+nil Address 020 L &iv toonQ( Name �Dbt'D ' Address 12204 Name Address Name Addre Name Addres Name Address Signature Signature i I1(3 AdAyh I.ANc_. Date /3 `i 7 9/ --)7, Signature Signature Signatur Date 8- ate 4 'r �� 7-- i, 8 —/7 t3 Date 0 to ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. Name Ogg- N-V0 f,Z A 1' - Signature Address I g/ k t to) t. 100Aw vii e,11- 41 SO n 1 Date Name-"(ACtJ PO Signature (c----•.. cJn Address I et/moo ATO ii. C t Ty CA !ft%Date Name J Auif% *y2.1=/4 Signature Address 19 ConTQ (llTZ , T�2)1 teoi ik. -1 9- /3 G ■ Name EfteAL rk-2)S Signature L Address is el 6 ' IJ `b Name 5alU8, Fet,AA Signature Address Name Address\'t(�`I_. Name Address l i5 Name CJ— aan-�� oJerrqW Signature Signatur Date Address Rao I, G V V 1 1641 vi; VI'f)( Oft q i I Qtec M� Name L j ,.a, u- AA C. /Signature Address Name Address Name Addres Name Address 1 GgSothO(., Signature Date Signature /5( k.V.0 0 U v'-O S M,1k) Date c( 11(2013 P24 ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. Nam Address Name gp,+M/ JV 4-riv r 1" aY Address k-13 GEC. Name Address / --1 ' C1 C9 Name Address Name Name Address Name Address Name Address Name Address Name Address Name Address Name Address L 5 �• �. / 7 6 w- Gs (�-- Z- ..--s i CXOL,A e ri Address IO�(�' Z47 S('tk4e.ACulu(SVIsV. �f /mil � fi i%) a-6 ( Lr av ( Signatu ,c4(r> Date Signature Date Signature 1 Z?.i 6 T6/ (' TA 1M e Te � I e. ekcLs r M L'y 6. 1 5-t N c 1 Signature �7f' Signature Signature Signature Signature Signature Signature Date —Z ( Date 4/ Date ai)a Date Date x C3 0 Date_orrtZAteiptst/ PIG ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its pwner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. Name (44 ..K �k (( ' Signature�h 414 Address Name Address Name Address Date Signature , % '. Address 2%6 iJ 4j 5 1; .pr o coy 91J3/Date [ v Name 1; �c>�lP c signature r _ Addressa V `� L" GA .w4 CAM Name Jt2 S S jZ . �Lt Signa Name M®frk- D;411-1101A1 Address /` 2 S 6- 05 f / - c .C4 '1 ('(S o Name ��-�� Signature Address 1 p1 / (�° C—` Name !Az. rctoePO) �! Signature � 4Gi.gZc Address C % iOt a6-1. CA acgt5O Date ____1_— Name L: ('Z..EL r Qir—' . Signature �v\ X once, Address U �q.-;fA.l,ju'�ye-�1cO� Date8 /3 C C. rS 0 c• v o Signature E l l e. Address ( 5. [VI._ cAl Date ts Name P26 ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. Name 'Z.an rl y MP \i is ^+r r• z Address t D Name eEi L- - Signature AddresssR(y2-- r Name VlIl_ l O Signature Address 1 L 2_9' C>re Name i?I' Signature y lvr.! Date Address Name Address Name Address 620 Name ,1d)Q 031/)lor Address Name (b j L /� Address 1 Z �" s M C Name, , + 441-Th T- Address t 45 Address `�/"� NameZf� �r Name S v Aikolo olo Ica 3 l fle`(5tal e Address Name Address v Signature C / Date Signature L ,, T 53 Date i —2 20/3 13 3 Signature Q i -1 a Date Z6 Signature Date ^. v ^ 13 8 Signa Signature Date Signature IC 'J' -t/ Date O P27 EL ER MARKET 1811"L" Av�nu1, National City, CA 91950 TO: ABC & National City Police Name We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. �' Name �GYJ C, allr Address 3/7f L 4U'. /t oA Address 7.355 L / Q l .. Address (1 L ' 4 ve Name1+(IRYWei ;atO1101d Name Signature ljy er,e,-e- ( Date cr'-)7—%? Signature :.76fbe(..t- O gz,91 kJcl''o`1 Address Address Name Address Name Address Name Date elm/I3 Signature /-c�vc4 qv� cLo J� cC k Name �L 1 .. �`' l Signature _ems Address Name ( 1 to ayt, ypj.4cl /10-46 1 Ct GA"'/ Y5 _ { Signature c t* waria+na1 ail 0, 0 (7 Signatur I,C C't Date Address Name Address Name Address Name lto2 4•1( S /3 Signature -/� Signature •Zq-13 Date O :2-.qJ -`lf Signature / ,ram K �^ Date 7J %OGGL Signature /0 1 vl Coo Signature ate 4zi co, cAlAioACT ArA t k11 ry7 Date Signature Address l6 al C� \ �� Date p y-_ 30 P28 ELSUPER MARKET 1811"L" Avenue, National City, CA 91950 TO: ABC & National City Police We, the undersigned customers of ELSUPER Market do hereby fully support its owner's request to apply and obtain the beer & wince license to serve our needs and convenience. The owner is totally dedicated and committed to provide us with excellent service and merchandise to meet our needs and convenience. Name S (0 1eiC_' Address 17 es- Ave; /44774/4/1- e4T ` C Date p-,D - f 7 Date a-S•1. rJ Name t^� , �/Gt. V.,14 \ Address kt l� Name F'41Z ;X C411.041i J.L d Signature} Signature Signature Address t i ©.. Es 1 1 O h s 'Yl .. t i b YLLL Date 41..E—(.7 Name 1j0t,V (� s f1/J! o Signature Address (7 4.5 (.i Iry b • ry ` (J Date 4t, -- 17 Name 6 mt, (,4,d Address (? .4 ¶ O • 4/1 Name l ` CO-" i0 Address ZI D L Name <//��,,��. . A'� AddressA Name 11.e4.i,.. Addres . x_ 1 Z 7 Name /(iait a Ma/ Addre Name Address Name Address s elmen.ww 0.16 -times V ' 51) . CJr Signature Date Signature 4 Signature Signature Date ?//....5 Date c Signature Name FASSA Ya) Signature Address 1S0.5 ..A$ Si- w 1 1260 b C '1 ` Date q -10 -11 Date 1-�-� P79 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF -SITE CONSUMPTION AT AN EXISTING MARKET (EL SUPER MARKET) LOCATED AT 1811 "L" AVENUE. CASE FILE NO.: 2013-27 CUP APN: 561-210-32 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, December 16th, 2013, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Rodel Chalabi) The applicant is requesting to sell beer and wine for off -site consumption from an existing neighborhood market (El Super Market) between the hours of 9:00 a.m. and 9:00 p.m. seven days a week. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., December 16th, 2013, who can be contacted at 619-336-4310 or planninq[c@nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Executive Director P30 South Bay Attachment 3 CO unity change pr:_,i fJe, •4'vO .* Af PUW< i4iY)a.• Environmental Scan For Alcohol License Upgrade El Super Market 1811 L Avenue, National City, CA 91950 December 13, 2013 Photo of El Super Market, Ice Cream/Smoothie Store and Laundromat Google Earth View of 1811 L Avenue and Surrounding Area This proposed liquor license is for the El Super Market, located at 1811 L Avenue in National City. The business is located at the Southeast corner of East 18th Street and L Avenue in National City. The Census Tract is 0121.01. The applicant is applying for new license to sell Beer and Wine, a type 20, Off Sale Liquor License for consumption off of the premises where sold. Highland Avenue is located approximately 2 blocks West of the address. L Avenue and East 181h Street are the boundary lines for other, existing liquor outlets in adjoining Census tracts. An environmental scan was conducted on Wednesday, December 111h and Friday, December 13, 2013. Community input was also gathered from residents and businesses in very close proximity to El Super Market on these two dates. The business is applying for a Conditional Use Permit from the City of National City and also for a Liquor license from the California Department of Alcoholic Beverage Control. The business is a small neighborhood convenience type store with sales of grocery and sundry items. During a scan of the business and property the following was noted: The business is one of three small businesses located in one strip of property, surrounded by single-family residences and multi -family residences. The other two businesses consist of a business selling Smoothies, Sandwiches, Fruit Salads and Ice Cream located adjacent to the El Super Market and a Laundromat. All three Funded by the San Diego County Health and Human Services Agency 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www. pubiicstrategies. org P'il businesses have interior doors that can be opened to allow customers to walk between the businesses while inside of the main structure. A church, Iglesia Universal Del Reino De Dios Christian Church, is located directly across the street at 1136 East 18th Street. The distance between the church and the entrance into the El Super Market is 134 feet, as measured using Google Earth images and measuring tool. The church advertises three daily services, 10:00 am, 4:00 pm and 7:00 pm during the week (Monday— Friday), and two services at 9:30 am and 6:00 pm on Sundays. Additionally, several residences appear to be well within 100 feet of the market, including single family homes and multi -unit housing. This is important information to note, due to licensing information from the California Department of Alcoholic Beverage Control (ABC) website. The following information can be found on the ABC website, under frequently asked questions: Q. 18. How many feet must licensed premises be from a church, a school, or residences? A. The law says ABC may deny any retail license located (a) within the immediate vicinity of churches and hospitals, or (b) within at least 600 feet of schools, public playgrounds and nonprofit youth facilities. Generally, ABC will deny a license in the above situations when there is evidence that normal operation of the licensed premises will be contrary to public welfare and morals. Mere proximity by Itself is not sufficient to deny the license. ABC will not license a new retail location within 100 feet of a residence unless the applicant can establish that the operation of the proposed premises will not interfere with the quiet enjoyment of the property by residents. (Section 23789 and Rule 61.4) (Source: http://www.abc.ca.gov/questions/iicenses faq.html) Iglesia Universal Del Reino De Dios Christian Church Google Earth View of Area Funded by the San Diego County Health and Human Services Agency Page 2 of 12 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org P32 1827 L. Avenue Google Earth View of Area and Proximity to Housing During a scan of the business, some graffiti was noticed. These areas were at the front of the business on a wall extending from the South side of the business. This graffiti was on a wall separating a driveway to three residences located next door to the business. This graffiti could be evidence of loitering in the business parking lot. Broken glass was also observed at the base of the same wall. Additional graffiti appeared to be partially covered by a banner advertising the El Super Market. In the parking lot in front of the business some small trash items and broken glass were observed. On the North side of the building, by the Laundromat, additional graffiti was observed. El Super Market Parking Lot and Wall with Advertisements in Parking Lot Graffiti on Wall and Broken Glass Separating Business from Residences Funded by the San Diego County Health and Human Services Agency Page 3 of 12 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax 619.476-9104 www.publicstrategies.org vas Wall with Graffiti Partially Covered by El Super Banner Graffiti on Wall Separating Business from Residences Graffiti on North Side of Laundromat Exterior Wall and Electrical Box Broken Glass at Base of Wall Separating El Super Parking Lot from Residences Additional graffiti was observed on a dumpster in the Southeast corner of the Iglesia Universal Del Reino De Dios Christian Church parking lot, directly across the street from El Super Market. Part of the graffiti on the dumpster reads 'Block Boys Zone". Funded by the San Diego County Health and Human Services Agency Page 4 of 12 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org P34 Graffiti on Church Dumpster Graffiti in the allies both to the North and West of the El Super Market and within'/: block of the area suggest there is possible street gang activity (OTNC) and loitering in the immediate area. Some of the areas with graffiti showed evidence of areas being repainted. - Funded by the San Diego County Health and Human Services Agency Page 5 of 12 2615 Camino del Rio So. #300 • San Diego, Califomia, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org P35 The required notice for the business ABC Liquor License application for El Super Market was not easily observed and was located near the top of the entrance to the business, above and to the right of the open security door. Inside the business, a small amount of produce, meat, dairy and egg products were observed. The produce, meat and dairy products occupy space within two cooler doors of the eleven cooler doors currently in use. ABC License Application Sign Underneath Green Arrow Cooler Doors with Produce, Meat, Dairy and Eggs Funded by the San Diego County Health and Human Services Agency Page 6 of 12 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org P36 Youth Sensitive Areas The location is located near youth sensitive areas and along one of the major walkways for students attending schools in the area. Las Palmas Elementary School, located at 1900 East 18th Street is 1/ mile East of the El Super Market. The school has 700 students in grades pre -kindergarten through 6th grade. John A. Otis Elementary School, located at 621 E 18th St, National City, is four tenths of a mile West of El Super Market. The school has 475 students in grades pre -kindergarten through 6th grade. The Iglesia Universal Del Reino De Dios Christian Church located across the street from the El Super Market at 1136 East 18th Street, offers child daycare while services are held in the building. National City Middle School is nearby and West of the applicants locations, across Highland Avenue didA1ataane mb- A0 schools near 1811 L Ave, National g°'S City, 1:A_ i Nations! $cho0i Dislia • 1� 160E NNq NeIisM Cay, CA a2 as N (619) 336-7500 nle.us ▪ LAS Palmas EkiaensaW School T Nwa,m City, CA 04 ntt (6/97477d301 us: us • Jo nA Ohs E7eaenar School • 621E 1016 St. NNinW Qty, CA OS us At (619) 3964500 old •C00016 SCh001 - 033 E Ma. *Om! coy. bNomis •7eiNW 4610)3383400 • nsd w 1 tee. • COMM Jose L - NmtimmlCity,CA 04unW 1610)4724233 SaulMaays Scholl • V Redone! Qty. CA 04-:•: Schools Near 1811 L. Avenue. Green Area Depicts Location of El Super Market Funded by the San Diego County Health and Human Services Agency Page 7 of 12 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org P37 Churches A Google search shows several churches are in close proximity to the applicant's location: u,a...a.e. -- churches near 1811 L Ave, National city. CA } C:+Iyvicew church AA, Repo •.4 Irwuylaa 96 tay6 CaryNLd Cann Y 'mat.. �l amee 12N& mmtln-mama 1WOEc*, GA , .11 m161.1'2a1 fi StY, lame(;1111fth t136E MI lam* at, CA :tr ,0n1m3'31 amnntl m6 AISN.N tiara. F aah Capella, ChuRh ▪ alum a o Walaaa ME 2Ma,*ad ay CA ' sr $I9a JnJ112 _o a. • ioglemst arChurah 035 E 191,a. WYrn. ay CA , • allpatatall ▪ P•m Calm Had SIM, 1165E1MRNtllmtlayG 9.'_.. •%E tint. attar. Churches Near 1811 L. Avenue. Green Area Depicts Location of El Super Market Outlet Density Census Tract 0121.01 is at the allowable number of Off Sale liquor outlets for the ration established by the California Department of Alcoholic Beverage Control in relation to the existing Census Tract population. Adding an additional Off Sale liquor outlet would result in an undue concentration that exceeds the ratio of off -sale retail licenses to population. The ABC allowable number for Off Sale outlets in the Census Tract is one liquor outlets. The actual number is one license. Additional Off Sale liquor Outlets (Type 20 and Type 21 Licenses) are in close proximity, within % mile of the applicant's location and in a different Census Tract. Funded by the San Diego County Health and Human Services Agency Page 8 of 12 2615 Camino del Rio So. #300 • San Diego, Califomia, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org P38 Red Pin in Census Tract 121.01 Depicts Location of El Super Market at 3007 Highland Avenue (Existing Type 21 License for Sales of Beer, Wine and Distilled Spirits) Green Arrow Depicts Applicant's Location for their "El Super Market" at 1811 L. Avenue Yellow Circles Depict Existing Alcohol Outlets in Other Census Tracts Map from ABC.CA.Gov Website Showing Alcohol Outlets in National City Census Tracts Off -Sale On -Sale Census Tract 0121.01 Establishment is within this tract Allowed: 1 Actual: 1 Number Above/Below Allowable: - Allowed: 2 Actual: 3 Above/Below: +1 Neighboring Census Tracts as of August, 2013 Tract 116.01 Allowed: 4 Actual: 6 Number Above/Below Allowable: +2 Allowed: 7 Actual: 10 Above/Below: +3 Tract 116.02 Allowed: 2 Actual: 3 Number Above/Below Allowable: +1 Allowed: 3 Actual: 1 Above/Below: -2 Tract 117 Allowed: 4 Actual: 9 Number Above/Below Allowable: +5 Allowed: 7 Actual: 12 Above/Below: +5 Funded by the San Diego County Health and Human Services Agency Page 9 of 12 2615 Camino del Rio So. #300 • San Diego, Califomia, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategias.org P39 Crime Rate The crime rate for Beat 23 in 2012, was 112%. This Beat includes the El Super Market. Beat 23 has the highest crime rate in the city. In 2011, the crime rate for Beat 23 was 108% and this was the second highest crime rate in the city. The crime rate has increased by 4% over the past year (2011 to 2012). A crime rate of 120% is considered a High Crime area. Community Input All community input was received from the immediate area of the El Super Market and obtained on December 11th and December 13, 2013. Overall, the residents contacted were not in favor of the business selling alcohol. Community Input Against Alcohol License (15 total): A parent with two children under age ten lives next door to the El Super Market. The concern expressed by the parent was about alcohol related harm, especially drunks at night. The parent does not want the license application approved. Another resident said their family knows the harm from alcohol and expressed concern about the number of liquor outlets for our next generation. The resident noted there is a Laundromat frequented by parents with children and an ice cream/fruit bar store next door to the El Super Market. The resident does not want the license application approved. A parent was concerned about young kids going to the El Super Market alone and for teenagers who may ask adults to buy alcohol for them. The parent noted Las Palmas Elementary School and Otis Elementary School are in the immediate area. These students along with students from National City Middle School are frequent after school visitors to the market. The parent does not want the license application approved. A resident said they do not want the El Super Market to sell alcohol. They are concerned about youth having access to alcohol by asking adults to buy it for them. The resident does not want the license application approved. Another resident noted the market has been there for at least 37 years and there have been no alcohol sales at the market during this time period. The resident noted they have observed people drinking alcohol in the parking lot of the market, even without having alcohol sold from the market. The resident also noted the prices at the market are higher than items purchased at other stores. The resident is not in favor of the business selling alcohol. Another resident with several children who play outside near the market was concerned about the safety of the children. The resident was also concerned about people hanging around in the parking lot and surrounding area, especially at night. The resident does not want the license application approved. Another resident said the license to sell alcohol at the market would not be good for the area. There are lots of kids in the housing around the market. There are "street people" who currently frequent the area to recycle empty cans of beer. The resident was concerned about people drinking in public in the immediate area. A resident noted there is already a 7-11 store just down the street and there are too many kids living in the area. As a parent, they are concerned about safety of kids going to the store. The parent said they would no longer Funded by the San Diego County Health and Human Services Agency Page 10 of 12 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org P40 send their teenage child to the store if it starts to sell alcohol. The parent does not want the license application approved. A resident with young children will not send them to the market after 6:00 pm because the parent does not like the people hanging out in the parking lot. The parent won't go to the Laundromat in the evening for the same reason. The parent noted concerns regarding the business operations of the previous owner and understands the market could be operated by someone who was not responsible. The parent said they would not go to the business at all if alcohol were sold and said there is a 7-11 just down the street as well as a liquor store. The parent does not want the license application approved. A resident said it is not a good idea to sell alcohol, noting that sometimes kids ask adults to buy alcohol for them. The resident has seen kids ask adults to buy alcohol at other businesses. The resident does not want the license application approved. Another resident said the market should not have sales of alcohol due to the number of kids who currently go to the market. The resident does not want the license application approved. A resident questioned why the city even allowed the alcohol license to be considered due to a church being located just across the street and within 600 feet of the business. The resident does not want the license application approved. Two residents with grandchildren have lived in the area for 40 years. The grandparents raised their own children in the neighborhood and now care for their grandchildren. The grandparents noted that over the past 40 years there has been a laundry and dry cleaners in the shopping center without sales of alcohol. The grandparents are concerned about the safety of the many parents and kids who currently shop at the market and use the Laundromat. The grandparents do not want the license application approved. Another resident has lived in the area for over 20 years. They noted there is a lot of police activity in the area and does not want the possibility of drunks walking in the neighborhood. The resident does not want the license application approved. Community Input Okay With Denial or Approval of Alcohol License (2 Total): Two residents said they were okay either way with the license being approved or denied. Community Input for Approval of Alcohol License (7 Total): Two residents said they were okay with the business selling beer and wine A resident said they were okay with sales and commented that there is already wine and alcohol for sale everywhere. A resident was okay with sales of alcohol and commented her husband currently has to walk to the nearby 7-11 or Wal-Mart to purchase beer. A resident was in favor of sales of alcohol from the market and commented that people who have already been drinking could walk to the store instead of driving the short distance to other nearby stores that sell alcohol. A business owner said he had no objection to sales of alcohol from the market because business has been bad in the area and hoped this would increase sales. The business owner commented that approximately 85% of his Funded by the San Diego County Health and Human Services Agency Page 11 of 12 2615 Camino del Rio So. #300 • San Diego, Califomia, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www. publicstrategies. org P41 customers are women and he did not want them to be put in a position where they were asked to give money to people panhandling. He said this could put his customers in a difficult situation and they may feel they have to give the person money for their own personal safety or the safety of their children. The owner said he was confident the National City Police Department could and would respond to any alcohol related harm in the area of his business. He noted it was illegal to consume alcohol in public areas and inside of his business. The Pastor of the Iglesia Universal Del Reino De Dios Christian Church said they have daily mass, daycare, bible study and prayer meetings. At the prayer meetings he noted that people with addictions from alcohol and drugs can ask for prayers for help. The pastor said he is in favor of the El Super Market having a license to sell beer and wine. Considerations Census tract 0121.01 currently has one off -sale license. The allowable number by ABC for this census tract, based by population is one and the census tract is currently at the allowable maximum set by ABC. The existing off -sale license is a type 21 and allows for sales of beer, wine and distilled spirits. Census tract 0121.01 (within beat 23), currently has the highest crime rate in National City with a crime rate of 112% in the year 2012. This is an increase of four percent from the 2011 crime rate. A crime rate of 120% is considered a "High Crime Area". Some existing residential housing is within 100 feet of the proposed license location. ABC will not license a new retail location within 100 feet of a residence unless the applicant can establish that the operation of the proposed premises will not interfere with the quiet enjoyment of the property by residents. (Section 23789 and Rule 61.4) The Iglesia Universal Del Reino De Dios Christian Church is within 600 feet of the proposed license location. Funded by the San Diego County Health and Human Services Agency Page 12 of 12 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www. publicstrategies. org P42 RESOLUTION NO. 2-2014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE FOR OFF -SITE CONSUMPTION AT AN EXISTING MARKET (EL SUPER MARKET) LOCATED AT 1811 "L" AVENUE. CASE FILE NO. 2013-27 CUP APN: 561-210-32 Attachment 4 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the sale of beer and wine for off -site consumption at an existing market (el super market) located at 1811 "L" Avenue at a duly advertised public hearing held on December 16, 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. 2013-27 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on December 16, 2013, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use is an accessory use to an existing neighborhood market in an existing commercial center and the sale of beer and wine is not expected to increase the demand for parking on the property. 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 East 18th Street is classified as a collector street in the Circulation Element, and the sale of beer and wine for off -site consumption is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use is compatible with other similar businesses located nearby and within a quarter -mile of the property; and since the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. P1 .4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the continued viability of a neighborhood market, an established and allowed use in the applicable mixed -use zone. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the sale of beer and wine for off -site consumption at an existing market located at 1811 "L" Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, case file no. 2013-27 CUP, dated 10/24/2013. 2. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 3. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 4. This Conditional Use Permit may be revoked if the Permittee is found to be in violation of Conditions of Approval. 5. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to retum the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the 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. Planning 6. The sale of alcoholic beverages shall be limited to between the hours of 9:00 a.m. and 10:00 p.m. seven days a week. 7. All beer and wine products shall be stored in the rear cooler or rear shelving areas. No alcohol products shall be stored in proximity to the store entrance. 8. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 9. No beer products shall be sold of less than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. P2 10. Wine shall not be sold in containers of Tess than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 11. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 12. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the Permittee. 13. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 14. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 15.The Permittee shall post signs in compliance with the requirements and specifications of subsection B of section 10.30.070 on each exterior wall of the licensed premises that faces a vehicle parking lot, to read as follows: "WARNING It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot. NCMC_10.30.050 and 10.30.060." 16. Containers of alcoholic beverages maynot be stored on the premises, after being sold to patrons, for the purpose of later consumption. 17. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 18. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The Permittee shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 19. Every employee of the Permittee, including ownership and management, shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to commencing alcohol sales. As part of the RBSS training, the Permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 20. No tobacco -related or drug -related paraphernalia is to be sold on the premises. P7 Police 21. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 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 January 13, 2014, by the following vote: AYES: Baca, Pruitt, Flores, Bush, Alvarado NAYS: Garcia ABSENT: DeLa Paz ABSTAIN: None QW CHAIRPERSON P4 r • • • Se Self/et Waiter Conditional Use Permit for Beer and Wine 1206 E 18th Street San Diego, CA 91950 PROJECT UiiECTCRY WIITJD .MEPO. TNOWA .NStO 1206E IETN STREET RATIONAL CITY. GA.00 Tate Rbgp I 120 6lE W.A.TIQET . OM GA RICO nl5E Ms N4S M a%ST. STE.0 ySp6(� 2U1 PWI� � 44]9-0�'bS AGGRESS Y)C( wa N4! OiaitiCAU X0 SHEET tool ARCHITECTURAL T4 T-2 AI-0 TINE EMIT FIGURES SITE PLN• PROJECT INFORMATION MEOIGT A EULOINO reps ASeeYOP. PARCEL N. MUT. GODS. uoe E R. SWEET NAT1o1M1. WY, U woo Timm v, w 0..mi) 561-250-E2o0 2004 IEG / 2010 CEG. V / M M6Y.4NEIl SCOPE OF WORK TO OE3AM A GQGITIO*V. SAE MART FOR TII .SALE Q BEER NO MG L. 1 XN1137 A ASE= FILE NO. 2013-27 CUP (-).6. E. 10/24/2013 vKrY MAP CondMond Use Permit for Seer and Win 1200 asao, 1Aso .1•••• 1. NM FRO. WV.0 Ml'YO I�Yr ORS S luau -gorily .11 WWI PIRO ...wry HOESEC CET 5aoaRIn1d OS010 vo tom W8 i*IS OS i SOU Mi M Pus =Ne Waled ••il PUORIPUDO itavonnevis3 3018N iramen8V183 3010N 101 ON)R1Vd 1 ON MO P M138 3tl1LLO1d klilMi00 1i8I18119V183 348N 1N311H8n®V183 3013N 101 ON)ItlYd M31A 1NOlid 133tli8 1 1NLfl8Vl83 3d8N 1 0NV 11181 Ni131.U.38 31:1W1LO1J d Ntl1 M31A 1N013d 133M18 1 • HOME UMW EIROORE d • va CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 4, 2014 AGENDA ITEM NO. 116 ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for a Wireless Communications Facility located at 2415 East 18th Street. (Applicant: Verizon Wireless) (Case File 2013-26 CUP) PREPARED BY: 'Martin R eder, AICP DEPARTME PHONE: 1336-4313 APPROVED EXPLANATION: The project site is located at the northeast corner of East 18th Street and Euclid Avenue in the Minor Mixed -Use Corridor (MXC-1) zone, on a property developed with a 2,800 square -foot retail commercial building and a 21- space parking lot. The applicant proposes to install a 40-foot tall faux broadleaf tree and two equipment enclosures — a 217 square -foot equipment enclosure and a 194 square -foot generator enclosure. Tree - mounted equipment includes twelve 6-foot tall panel antennas and a 4-foot diameter microwave dish. Planning Commission conducted a public hearing on January 13, 2014. Commissioners asked questions regarding conditions of approval and the design of the facility. 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. j APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of small structures) ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: ,Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Bush, Flores, Garcia, Pruitt Absent: DeLaPaz ATTACHMENTS: 1. Location Map 3. Resolution No. 1-2014 2. Planning Commission Staff Report 4. Reduced Plans Attachment 1 01 1614 RS-2 1618 co(A) 1644 1720 01 1808 () 0 CO 1722 323 1728 co 011 MXC-1 m EI: 1813 1833 1837 RS-2 1 723 1 727 1 0 C CO 1613 1617 1621 1620 3 co Wy 01 01 01 0 0 (71 01 E 18th St rN) 0 OD (71 1-.0—M-1110 1 1 E 19th St I co — — — zone Boundary Project Location 1 Feet 0 75 150 300 APN: 558-190-28 Planning Commission Location Map 2013-25 CUP 1 2 . 1 8 . 1 3 Attachment 2 Title: Item no. 3 January 13, 2014 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 2415 EAST 18TH STREET. Case File No.: 2013-25 CUP Location: Northeast comer of East 18th Street and Euclid Avenue. APN: 558-190-28 Staff report by: Martin Reeder, AICP — Principal Planner Applicant: Verizon Wireless Property Owner: Brenkus, Walter & Ann Parcel size: 0.23 acres Plans prepared by: Booth & Suarez Architects Combined General Plan/ Zoning designation: Minor Mixed -Use Corridor (MXC-1) Adjacent Land Use / Zoning: North: Single-family residential / MXC-1 East: Single-family residential / MXC-1 South: Single-family residential across E. 18th Street / MXC-1 West: Single-family residential across Euclid Avenue / MXC-1 Environmental review: Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of small structures) DI BACKGROUND Site characteristics The project site is located at the northeast corner of East 18th Street and Euclid Avenue. The property is developed with a 2,800 square -foot retail commercial building and a 21- space parking lot. The building has two suites, one of which is a Laundromat, the other currently vacant. There is an existing wireless facility on the same property. This facility was approved in 2002 and is comprised of three parking lot lights with antennas incorporated into the support poles. The commercial property is flanked by former residential -zoned properties (since rezoned to mixed use). All adjacent residential buildings are single story in nature (approximately 10-15 feet high). Project proposal The applicant proposes a new wireless telecommunications facility with a 40-foot tall, artificial broadleaf tree that includes 12 panel antennas and a microwave dish. The facility proposes two separate enclosures, one for the telecommunications equipment (217 square -foot prefabricated enclosure) and one for a backup generator (194 square - foot concrete block enclosure). The facility is proposed in the rear of the parking lot, approximately seven feet from the east property line. No landscaping or irrigation is proposed. Analysis The proposal is generally a good example of a stealth facility, consistent with City policy. The antennas are proposed to project approximately three feet from the tree trunk but will be obscured by the branches and leaves. Wiring between the tree and shelter would be placed underground. The generator enclosure is proposed to be painted concrete block, consistent with the concrete building on site. However, the equipment shelter is proposed as a prefabricated unit. This is not consistent with City policy, which requires standard construction for equipment shelters. A Condition of Approval has been added to require a design consistent with the generator enclosure and the commercial building (No. 13). If the structures are not consistent with nearby development, the facility would have an adverse aesthetic effect upon the subject property, as well as adjacent or abutting properties, since it would not blend in appropriately. The proposed equipment shelters are roughly 17 feet by 11 feet (telecom equipment) and 15 feet square (generator) respectively. Both structures are around 10 feet high. Given the footprint of the facility, it would need to be located on the east side of lot in order to avoid the removal of too many parking spaces. The proposed design would remove four spaces. A 2,800 square -foot commercial building requires at least 12 spaces; removing four spaces would leave 17, in excess of what is required. P? There are two different fences at the east property line, a six-foot chain link fence on the north portion of the boundary and a four -foot tall lattice fence to the south. The north and south property lines in this location have six-foot tall wood fences. As a result of the tall equipment enclosures involved, the height may appear looming from adjacent properties. In order to soften the impact of such large structures, it would be appropriate to have a taller and less opaque fencing material constructed. A Condition of Approval (No. 14) has been added to require a minimum six-foot tall fence or wall along the east property line to obscure the facility. In addition, the condition includes a caveat that a block wall may be required in the future should noise from operating equipment become an issue. Without additional fencing, the height and bulk of the facility could potentially affect surrounding uses (e.g., light, air, circulation). However, the facility is set back seven feet from the property line, which would soften the aesthetic impact somewhat. To be further consistent with City policy, co -location with existing facilities was researched. Based on the 'search ring', the applicant has stated that there was no ability to locate on the existing facility, but was able to locate the proposed facility adjacent to an existing facility on the same site. One other site (Bible Baptist Church at 2432 East 18th Street) was also considered, but was ultimately not viable due to site constraints. The facility would provide coverage to the north, south, and east. Based on the attached Coverage Map, the area currently has limited or weak service. With the proposed antenna height (32 feet to the center of the antenna) being above all buildings adjacent to the area, the antennas would have clear reception and transmission in those directions. As previously stated, nearby land uses in these directions are single- family residential in nature. However, it should be mentioned that, per the 1996 Telecommunications Act, "no State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions." If approved by a local jurisdiction, all wireless communications facilities must obtain all required state and federal permits in order to operate. A Condition of Approval (No. 11) is included requiring these permits. The facility is expected to generate only one to two vehicle trips per month for maintenance staff and is unlikely to have any impacts on local traffic patterns. Comments were received from the Building and Fire Departments and require compliance with current and new 2014 codes. Standard Conditions of Approval for wireless facilities are also included, requiring compliance with local, state, and federal codes, and that any external equipment is painted to match the surface on which it is mounted. Summary T f The proposed project is consistent with the Land Use Code in that it meets all applicable design requirements for wireless communication facilities based on compliance with added Conditions of Approval (design, fencing). The project is considered 'stealth' and would generally blend in with existing facilities and nearby development (as conditioned). If approved, conditions will ensure that the facility does not have an adverse impact on adjacent properties caused by the scale and bulk of the project, and would ensure consistency between existing and proposed structures. The new facility will help to provide coverage in an area with limited service and provide additional reception for Verizon Wireless customers. RECOMMENDATION 1. Approve 2013-25 CUP based on attached findings; or 2. Deny 2013-25 CUP based on attached findings/findings to be determined by the Planning Commission; or 3. Continue the item to a specific date. ATTACHMENTS 1. Recommended Findings for Approval/Denial 2. Recommended Conditions of Approval 3. Location Map 4. Existing Wireless Facilities Map 5. Site Photos 6. Coverage Maps 7. Notice of Exemption 8. Public Hearing Notice (Sent to 8 property owners) 9. Applicant's Plans (Exhibits A and B dated 10/10/2013 Case File No. 2013-25 CUP) MARTIN REEDER, AICP Principal Planner PA RECOMMENDED FINDINGS FOR APPROVAL 2013-25 CUP — 2415 East 18th Street 1. That the site for the proposed use is adequate in size and shape, since the facility, including the faux broadleaf tree and equipment shelters, can be accommodated on the 0.23 acre site without reducing parking beyond the minimum requirement. 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 unmanned wireless communications facility requires only one to two visits each month for routine maintenance, which will have a negligible effect on the adjacent developed streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the 40-foot faux broadleaf tree will adequately screen the twelve panel antennas, and since additional fencing will provide adequate screening of the equipment shelter from adjacent properties. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Verizon Wireless communications network, resulting in enhanced service for its customers. RECOMMENDED FINDINGS FOR DENIAL 2013-25 CUP — 2415 East 18th Street 1. That the site for the proposed use is not adequate in size and shape, since the lot can only accommodate the facility adjacent to the property line, where the height and bulk of the facility would affect surrounding uses. 2. That the proposed use will have an adverse aesthetic effect upon adjacent or abutting properties, since it will not blend in appropriately with surrounding development. nN RECOMMENDED CONDITIONS OF APPROVAL 2013-25 CUP — 2415 East 18th Street General 1. This Conditional Use Permit authorizes a wireless communications facility at 2415 East 18th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B dated 10/10/2013 Case File No. 2013-25 CUP. Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. Building 5. Plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, and Mechanical Codes. Fire 6. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 7. Emergency Shutdown procedures shall be posted in conspicuous area of emergency generator "EMERGENCY POWER". All Emergency Power signs shall be of .080 gauge aluminum. All signs shall be 10 inches wide and 12 inches long. All signs shall have Type IV high intensity prismatic sheeting (H.I.P.), reflective in nature. Protective overlay film shall be required on sign (P.O.F.). Color of sign shall be white background with black letters. Sign shall describe all additional power shutdowns in clear map form. Map shall describe present position ("You Are Here"). PF • White background with black letters. • Signage letter height — Emergency Power — shall be two inches tall. • Sign shall be clearly visible from the street. If the power source is inside of the building and cannot be seen from the street, a sign shall be placed in a position that can be easily seen by emergency personnel on foot. • Please contact the National City Fire Department for requirements. A detailed plan shall be submitted to the Fire Marshal for approval and final field placement. 8. A 704 diamond shall be placed in conspicuous area to identify fuel and battery hazards. 9. Fire department access roads shall meet the requirements of the California Fire Code (current edition) Chapter 5 and Appendix D and 503.1.1 Access Roads. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to Fire Department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of a fire apparatus weighing at least 75, 0000 pounds. Fire Department access roads shall have an unobstructed width of not less than 20 feet for emergency vehicle travel. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING - FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. 10. Roads or alleys 20 to 26 feet in wide shall be posted on both sides as fire lanes. 11. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections of all phases of work are required. Engineering 12.The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 13.The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 14.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. Utilities 15. Prior to any construction or grading activities, the applicant shall coordinate with all utilities with infrastructure in the area to ensure protection of any existing utility services. 16. Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. Planning 17.AII appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 18.AII exterior equipment (e.g., RRU units, GPS antennas, microwave dish antenna, panel antennas) shall be painted to match the surface on which it is mounted. 19. The proposed equipment shelter shall be designed to be consistent with the proposed generator enclosure and existing building on site. 20.A minimum six-foot tall fence or wall shall be constructed along the east property line to obscure the proposed facility. A block wall may be required in the future should noise from operating equipment exceed limits prescribed by the Municipal Code or create noise impacts for adjacent residential properties. 21. Exterior walls of buildings/poles to a height of not less than six (6) feet shall be treated with a graffiti resistant coating subject to approval from the Building Official. Graffiti shall be removed within 24 hours of its observance. 22. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 23.The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete within six (6) months of discontinuance. P8 Feet 1,375 2,750 5,500 0 Wireless facilities in National City A Wireless facilities in unincorporated area Wireless Communication Facilities National City Planning Department 2012 FACILITY APN LOCATION PROVIDER FILE_NO_ 1 562-340-44 2434 Southport Urban Comm Rad CUP-1992-11 Radio communication facility (microwave transmitter)- 80-foot tall tower and 8-foot in diameter dish antenna 2 562 340 26 300 W 28th AirTouch CDC Reso 94-28 75-foot monopole with three sector antennas and 450-sa foot eauipment buildina. 562-340-26 300 W 28th Nextel CUP-2003-30 12 antennae on existing communications tower and a 270 square foot equipment enclosure adiacent to existing equipment 4 559-032-02 1215 Wilson Pac Bell CUP-1995-11 Located on roof of existina building. PCS facility- six roof -mounted antennas and two ground -mounted equipment boxes. 5 557-410-03 1645 E Plaza Pac Bell CUP--1995-13 Located on roof of Quality Inn. PCSfacility- six panel antennas and equipment cabinet. 6 555-086-11 910 Hoover AirTouch CUP-1995-18 Located on existing building. Cellular facility- three support structures with five panel antennas each, two dish antennas and equipment cabinet 7 556-471-24 801 National City Blvd AT&T CUP-1996-2 Located on roof of Red Lion Hotel. Paging facility- four whip antennas, one global positioning satellite antenna and equipment cabinet. 556-471-24 801 National City Blvd Nextel CUP-1994-8 Located on roof of Red Lion Hotel. ESMR facility- three whip antennas and eauipment cabinet. 556-471-24 801 National City Blvd Pagenet CUP-1996-12 Located on roof of hotel. Paging facility- four antennas and eauipment cabinet one floor down from roof. 556-471-24 801 National City Blvd AT&T CUP-1999-5 Located atop Red Lion Hotel. Wireless communication facility- four antennas and radio base system. 8 554-120-30 2400 E 4th AT&T CUP-1996-4 Located on roof of Paradise Valley Hospital. Paaina facility- four whip antennas, one alobal POsitioninasatellite antenna and equipment cabinet. 9 559-160-13 1022 W Bay Marin GTE CUP-1996-5 Located on a 360-sa foot building. Cellular facility- 60-foot monopole with twelve panel antennas. 10 563-370-36 3007 Highland Pac Bell CUP-1996-6 Located on existing Super Saver buildina. PCSfacilitv- six panel antennas and two equipment cabinets. 12 554-050-12 303 Palm AirTouch CUP-1996-8 60-foot hiah monopole with six whip antennas, thirty directional cellular antennas, and three dishes with an eauiDmentcabinet at base. 554-050-12 303 Palm Sprint PCS CUP-2001-10 Located on National Guard Armory property. PCSfacility six antennas in three 40-foot flag poles, one GPS antenna and a new equipment building. 14 564-471-01 3030 Plaza Bonita Rd Nextel CUP-1997-8 Located atop Plaza Bonita sign. ESMRfacilitv- nine antennas and equipment cabinet. 564-471-01 3030 Plaza Bonita Rd Pac Bell CUP-1996-7 Located atop the existing Plaza Bonita sign. PCSfacility- three antennas and two eauiDmentcabinets at base of sign. 16 557-420-36 1840 E 12th Nextel CUP-1999-4 60-foot monopalm on vacant commercial lot. 20 555-082-11 111 W 9th Sprint CUP-2000-9 Located atop 2-story Sid's Camet Barn warehouse. Wireless communication facility- twelve wireless panel antennas and 4-inch GPS antenna. 21 555-030-21 330 National City Blvd GTE CUP-2000-11 Located atop BayTheatre. Wireless communication facility- twelve panel antennas and four equipment cabinets. 22 564-250-50 2435 Sweetwater Sprint CUP-2000-14 Located at Sweetwater Inn. Global Positioning System with nine panel antennas. 30 557-420-36 1905 E Plaza Sprint PCS CUP-2001-3 53 foot tall monopalm with nine panel antennas. PCS Facility with one equipment enclosure and a GPS antenna. 32 556-473-18 242 E 8th AT&T CUP-2001-6 Located atop an existing church. 34 563-370-35 3007 Highland Nextel CUP-2001-12 Located atop Sweetwater Square. New equipment building over trash enclosure, nine panel antennas and one GPS antenna. 36 563-231-38 1914 Sweetwater Cingular CUP-2002-3 Located on an existing 75 foot tall pole sign for the SweetwaterTown and Country Shopping Center. 37 564-310-37 3737 Sweetwater Cingular CUP-2002-4 72 foot tall monopine with standard equipment enclosure 39 556-101-15 241 National City Blvd Cingular CUP-2002-6 12 panel antennas behind four new partial parapet walls atop an existina fumiture store; four equipment cabinets outside 40 558-200-24 2415 E 18th Cingular CUP-2002-13 Panel antennas located inside new liaht standards; equipment located inside existing commercial buildina 41 556-354-13 716 Highland AT&T CUP-2002-14 Six facade mounted panel antennas with equipment on roof of PacBell switching station. Equipment screened to match existing. 44 556-590-61 1019 Highland Sprint PCS CUP-2002-24 6 panel antennas in a new monument sign in the South Bay Plaza shopping center 556-590-61 1019 Highland Cingular CUP-2002-2 Located atop South Bay Plaza on an existing mechanical equipment screen. 51 552-283-11 2323 E Division Sprint CUP-2004-6 3 panelantennasina 9x10x16 roof-mountedcupola 52 560-191-30 1701 D Ave Nextel CUP-2004-12 53 551-570-20 51 N Highland Sprint CUP-2004-15 55 563-231-39 1914 Sweetwater Nextel PC Reso 20-2002 57 554-120-24 2701 E 8th Cingular PC Reso 02-2001 Co-locationin churchspire-3 antennas within existing architectural feature 554-120-24 2701 E 8th T-Mobile CUP-2000-19 Located at existing church. Antennas located in a GO-footmonument. 554-120-24 2701 E 8th Sprint CUP-2000-27 12 panel antennas mounted on exterior of self -storage building and painted to match; all equipment located inside of the buildings 554-120-24 2701 E 8th AT&T CUP-2000-19 58 558-030-30 1035 Harbison Nextel CUP-2005-3 60 556-510-12 914 E 8th Cingular CUP-2005-10 61 559-040-53 1439 Tidelands Cingular CUP-2005-9 12 panel antennas on monopalm with associated equipment shelter 559-040-53 1445 Tidelands Nextel CUP-2000-31 63 562-200-02 2900 Highland Cingular CUP-2005-12 64 563-010-47 2605 Highland Cricket CUP-2006-11 3 antennas in new architectural feature of church with associated equipment 563-010-47 2605 Highland Sprint CUP-2002-18 65 557-420-31 1900 E Plaza Cricket CUP-2006-6 3 antennas on new faux palm tree with associated equipment 557-420-31 1900 E Plaza Cingular CUP-2004-4 67 561-222-23 1526-40 E 18th T-Mobile CUP-2006-10 68 564-471-07 3030 Plaza Bonita Rd Cingular CUP-2005-24 12 antennas facade mounted to new rooftop enclosure that will house equipment 68 564-471-07 3030 Plaza Bonita Rd Verizon CUP-2003-13 12 panel antennas on the roof of the Plaza Bonita Mall behind a screen wall 69 559-106-17 525 W 20th Cricket CUP-2005-25 3 antennas on existing self storage building painted to match with associated equipment 559-106-17 525 W 20th Sprint CUP-2001-4 Located on existina storaae building. Wireless communication facility- 9 antennas and equipment building. 70 554-050-15 2005 E 4th Cricket PC Reso 09-2003 3 antennas on existing light standard with associated equipment shelter 554-050-15 2005 E 4th Cingular CUP-2003-5 12 panel antennas on a replacement 100 foot Tight standard in ElTovon park and a 160 square foot equipment enclosure. 554-050-15 2005 E 4th GTE CUP-1998-4 Located in ElTovon Park. Cellular facility- 97'8" monopole with twelve panel antennas, three omni antennas, and 192-sqfoot equipment building. 554-050-15 2005 E 4th Nextel CUP-2005-15 12 panel antennas on a 47-foot tall faux -broadleaf awith 230 sq. ft.equipment shelter 71 564-290-06 3820 Cagle St Cricket PC RESO 10-2004 3 antennas on existing faux pine tree with vaulted equipment shelter 564-290-06 3820 Cagle St Sprint CUP-2001-2 Located at Sweetwater Heights Centennial Park. Wireless communication facility- 35-foot pole with six antennas, equipment building and adiacent liahting for the park. 564-290-06 3820 Cagle St T-Mobile CUP-2004-3 Located at Sweetwater Heights Centennial Park. Wireless communication facility- 55-foot monopine with twelve panel antennas and equipment building 564-290-06 3820 Cagle St Cingular PC Reso 11-2002 Co -location on 55-foot monopine - additional 12 panel antennas and new 275 SQ.ft. equipment vault 72 669-060-26 5800 Boxer Rd Cricket PC RESO 32-2003 3 antennas on existing water tower with associated equipment shelter 669-060-26 5800 Boxer Rd T-Mobile CUP-2003-16 12 antennas on the outside of the 0.0. Arnold water tank and a 150 square foot equipment enclosure adiacent to the tank panel 669-060-26 5800 Boxer Rd Sprint PC Reso 32-2003 6 antennas on the outside of the 0.0. Arnold water tank and a 360 square foot equipment enclosure adjacent panel 669-060-26 5800 Boxer Rd Cingular CUP-2005-21 12 panel antennas on the outside of the 0.0. Arnold water tank and a 520 square foot equipment enclosure adjacent 73 562-330-43 152 W 33rd Cricket PC Reso 21-2002 3 antennas on existing self storage within matching architectural projection with associated equipment 562-330-43 152 W 33rd Sprint CUP-2002-8 12 panel antenas mounted on exterior of self -storage building and painted to match; all equipment located inside of the 74 555-053-17 700 NCB Cricket PC Reso 05-2000 3 antennas facade mounted to existina hotel with associated equipmen 555-053-17 700 NCB Metricom CUP-2000-4 Located atop Holiday Inn. Wireless communication facility with equipment cabinet. 555-053-17 700 NCB Skytel CUP-2000-30 Located atop Holiday Inn Hotel. - 8-foot whip antenna, two 4x2-foot panel antennas, and one GPS antenna with two indoor equipment cabinets. 75 560-203-03 1800 National City Blvd Nextel CUP-2006-15 15 panel antennas behindscreen wall atop existing car dealership with associated equipment 76 561-360-35 1810 E 22nd Cricket 2007-14 CUP 3 antennas on recration building at Las Palmas Park 561-360-35 1820 E 22nd Sprint-Nextel CUP-2000-8 Located in Las Palmas Park. Monopaim and eauipment along with live palms. 78 560-143-36 1703 Hoover Cleawire 2009-22 CUP 9 antennas located on 3 different locations on industrial/ warehouse building. Each location will have 2 pannel antennas. Associated equiptment will be located in building 79 559-160-33 700 Bay Marina Dr Cleawire 2009-23 CUP 9 antennas on tower of Marina Gateway Plaza commercial building hidden behind parapet wall. 6-foot tall equiptmant cabinent on roof below tower will be mostly covered 80 560-151-20 142E 16th AT&T 2010-11 CUP 6 panel antennas and RF transparent cupola atop National City Ministry Church, as well as a 330 sq ft equipment/storage/trash enclosure on the ground. The 8-foot tall Cupola will have a cross afixed to it in order to appea as part of the church 81 561-271-01 2005 Highland Ave Plancom 2010-31 CUP 12 antenas on a 43-foot mono -palm on eastern property line 561-271-01 2005 Highland T-Mobile CUP-2003-4 12 antennas on the roof of a Highland Avenue office building 561-271-01 2005 Highland Cingular CUP-2006-2 12 antennas on the roof of a Highland Avenue office building with new cupola to match existing 82 563-184-47 2909 Shelby Dr P95-025 75-foot monopole and equipment building. 83 563-062-17 2524 Prospect St AT&T ZAP99-028 35-foot monopalm with three sector directional antenna system and equipment cabinets. 85 564-310-32 3312 Bonita Heights Lane AT&T ZAP00-133 86 563-063-29 2563 Grove St AT&T MUP91-026W2 86 563-063-29 2563 Grove St P91-026W Monopole located aside live palm trees. Verizon Wireless Euclid & 18th 2415 E. 18th Street Photo Survey W � 1'Looking East a1Property (Distance 5 - Looking East at Building across Euclid Ave. 10 - Looking West from property across Euclid Ave. 11- Looking South from property across E. 18th St. Session: SD LTE 09022013 Utter. rdlmll - ITN Sep 19 1550:46 2013 Default Squall Datum: NA083 Center Let 32-40-27.23 N Center boo 117-04-42.18 W Vicki\ou+ Se0fbn: SD LTE09322013 _ User: 0lmlf Tho Sep 1915e52:31 2013 Default Square coNm: NPD93 Coma Lon 117-04 423 N Center Lon: 117-04-42.18 W Cete Lb!: Cell Neme • Medal road ■ coaecb road LTE RSRP TCL Cir. RSRP (dam) • a.-75 ._-as • ■ '=-105 Scala: 1:30000 Verikettwbeless GeoPlen v6.5.2 Vy rfin S;`P 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: 2013-25 CUP Project Location: 2415 E. 18th Street Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a wireless communications facility involving a 40-foot faux broadleaf tree on an existing property developed with a strip commercial center. The project will increase signal strength and service area for Verizon Wireless customers. Applicant: Lisa Mercurio for Verizon Wireless 15505 Sand Canyon Avenue Irvine, CA 92618 Exempt Status: Telephone Number: (858) 248-2461 ® Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of small structures) Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since wireless telecommunications facility will occupy only a small portion of the 0.23 acre property, will be effectively screened, and will not affect use of the property. Date: MARTIN REEDER Principal Planner P71 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 2415 EAST 18TH STREET. CASE FILE NO.: 2013-25 CUP APN: 558-190-28 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, January 13, 2014, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Verizon Wireless) The applicant proposes a new wireless telecommunications facility with a 40-foot tall, artificial broadleaf tree that includes 12 panel antennas and a microwave dish. A concrete block enclosure (194 square feet) would house associated equipment. The facility is proposed in the rear of a strip mall parking lot. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., January 13, 2014, who can be contacted at 619-336-4310 or plannincq(c�nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Executive Director P24 Attachment 3 RESOLUTION NO. 1-2014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 2415 EAST 18TH STREET. APPLICANT: VERIZON WIRELESS CASE FILE NO. 2013-25 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a Wireless Communications Facility at 2415 East 18th Street, at a duly advertised public hearings held on January 13, 2014, 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. 2013-25 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on January 13, 2014, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the facility, including the faux broadleaf tree and equipment shelters, can be accommodated on the 0.23 acre site without reducing parking beyond the minimum requirement. 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 unmanned wireless communications facility requires only one to two visits each month for routine maintenance, which will have a negligible effect on the adjacent developed streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the 40-foot faux broadleaf tree will adequately screen the twelve panel antennas, and since additional fencing will provide adequate screening of the equipment shelter from adjacent properties. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Verizon Wireless communications network, resulting in enhanced service for its customers. DI BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a wireless communications facility at 2415 East 18th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B dated 10/10/2013 Case File No. 2013-25 CUP. Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. Building 5. Plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, and Mechanical Codes. Fire 6. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). 7. Emergency Shutdown procedures shall be posted in conspicuous area of emergency generator "EMERGENCY POWER". All Emergency Power signs shall be of .080 gauge aluminum. All signs shall be 10 inches wide and 12 inches long. All signs shall have Type IV high intensity prismatic sheeting (H.I.P.), reflective in nature. Protective overlay film shall be required on sign (P.O.F.). Color of sign shall be white background with black letters. Sign shall describe all additional power shutdowns in clear map form. Map shall describe present position ("You Are Here"). • White background with black letters. P2 • Signage letter height — Emergency Power — shall be two inches tall. • Sign shall be clearly visible from the street. If the power source is inside of the building and cannot be seen from the street, a sign shall be placed in a position that can be easily seen by emergency personnel on foot. • Please contact the National City Fire Department for requirements. A detailed plan shall be submitted to the Fire Marshal for approval and final field placement. 8. A 704 diamond shall be placed in conspicuous area to identify fuel and battery hazards. 9. Fire department access roads shall meet the requirements of the California Fire Code (current edition) Chapter 5 and Appendix D and 503.1.1 Access Roads. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to Fire Department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other approved driving surface capable of supporting the imposed load of a fire apparatus weighing at least 75, 0000 pounds. Fire Department access roads shall have an unobstructed width of not less than 20 feet for emergency vehicle travel. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING - FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. 10. Roads or alleys 20 to 26 feet in wide shall be posted on both sides as fire lanes. 11. The National City Fire Department shall be involved with all fire inspections for this site. Rough inspections of all phases of work are required. Engineering 12.The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 13.The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 14.A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. Pi Utilities 15. Prior to any construction or grading activities, the applicant shall coordinate with all utilities with infrastructure in the area to ensure protection of any existing utility services. 16. Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. Planning 17.AII appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 18.AII exterior equipment (e.g., RRU units, GPS antennas, microwave dish antenna, panel antennas) shall be painted to match the surface on which it is mounted. 19. The proposed equipment shelter shall be designed to be consistent with the proposed generator enclosure and existing building on site. 20.A minimum six-foot tall fence or wall shall be constructed along the east property line to obscure the proposed facility. A block wall may be required in the future should noise from operating equipment exceed limits prescribed by the Municipal Code or create noise impacts for adjacent residential properties. 21. Exterior walls of buildings/poles to a height of not less than six (6) feet shall be treated with a graffiti resistant coating subject to approval from the Building Official. Graffiti shall be removed within 24 hours of its observance. 22. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 23. The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete within six (6) months of discontinuance. 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. P4 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of January 13, 2014, by the following vote: AYES: Baca, Pruitt, Flores, Alvarado, Bush, Garcia NAYS: None ABSENTDeLa Paz ABSTAIN: None CHAIRPERSON PG to I ATTACHMENT 4 Li r 1 - - H P1 i!1 ; ARRInCTRR „ IRCORWMTO cm MN, INR CaIA� CA nOA MN CIt-JnJ IMMO PREPARED FOR t .wPY�.�-/fIEMssem�uu__ t I P.D. ROE 1070E E. 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CA 12123-1//07 (N2) 215-7030 , n APPROVALS uR co. .0 Vt • we w Sue LKA Doe •.P OM - OM n PROJECT NAME EUCLID & 19TH 2.113 EAST IETH STRal NATIONAL CITY. CA MN CAA ME00 COUNTY n n0A160 OA1E5 ran t) n CREEP OE MONOENDADLEAF EI-EVAnnON ANTENNA PLAN A DETM3 a nNMY1R101wA13211 n A-5 11 111B f1413 Nag ttteBAnGa1;5.btratireeH P8 verI /'lwireless LOOKING NORTHWEST TOWARD SUBJECT SITE SITE PRIOR TO INSTALLATION SITE AFTER INSTALLATION VICINITY MAP EUCLID & 18TH 2415 EAST 18TH STREET NATIONAL CITY, CA 91950 P2 VeriZallwireless LOOKING EAST TOWARD SUBJECT SITE SITE PRIOR TO INSTALLATION SITE AFTER INSTALLATION VICINITY MAP EUCLID & 18TH 2415 EAST 18TH STREET NATIONAL CITY, CA 91950 P1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 4, 2014 AGENDA ITEM NO.1.7 ITEM TITLE: Staff update on the San Diego State University Sage Project: Community Engagement for Sustainable Cities Program. (City Manager) PREPARED BY: Brad Rauiston, Executive Director DEPARTMENT. na PHONE: 336-4440 APPROVED B EXPLANATION: The Sage Project (Community Engagement for Sustainable Cities program) is a partnership between San Diego State University (SDSU) and National City which began informally during the Fall 2013 semester with 14 courses. The Sage Project will continue this Spring 2014 semester focusing 15 more courses (enrolling 500+ students) from across the University on City -identified projects that address smart growth, quality of life, and sustainability goals. Course projects are tied to goals and initiatives in the National City 2013 Strategic Plan and developed in consultation between National City staff, the Sage Project director, and participating SDSU faculty. The final deliverable to the City is a summary report of the best designs, solutions, and products generated by each participating class. This 2013-14 academic year has served as the proof -of -concept year, an informal stage of the partnership that has now developed into a more formal agreement between SDSU and National City for the following year. A Memorandum of Understanding has been executed by the City Manager in advance of the Spring semester. In addition, the first formal Project Agreement pertaining to wayfinding signs in the downtown and arts districts has been drafted, and subsequent agreements will follow. The ultimate aim for the Sage Project will be to create partnerships with a new municipality each following academic year, using the model established by the partnership with National City across these first two academic years. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. Not Applicable J APPROVED: MIS Various funding sources to be determined and approved for each individual project agreement. ENVIRONMENTAL REVIEW: Not Applicable. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Not Applicable. BOARD / COMMISSION RECOMMENDATION: Not Applicable.; ATTACHMENTS: 1. Memorandum of Understanding 2. Project Agreement for Wayfinding Signs Attachment 1 SDSU Agreement #40089846 Memorandum of Understanding Between The Board of Trustees of the California State University System, on behalf of San Diego State University and The City of National City This Memorandum of Understanding ("MOU") is entered into on this 4th day of February, 2014 by and between the City of National City, a municipal corporation (the "City") and the Board of Trustees of the California State University system, on behalf of San Diego State University ("SDSU"). RECITALS WHEREAS, the City and SDSU desire to continue their relationship in which SDSU and the City collaborate on a variety of programs; and WHEREAS, examples of such programs are the Community Engagement for Sustainable Cities Program (CESC Program) and the MBA Consulting Program (the "Programs"); and WHEREAS, the collaboration between the parties may give rise to specific projects in which SDSU may be able to assist the City with an issue, concern, or problem; and WHEREAS, the purpose of this MOU is to outline the general parameters of the collaboration; and WHEREAS, the City and SDSU will enter into a separate Project Agreement for each project; NOW THEREFORE, the City and SDSU agree as follows: 1. Project Agreement. The City and SDSU shall enter into a separate Project Agreement for each project. A copy of the template for the Project Agreement is attached to this MOU as Exhibit "A". SDSU and the City agree to each and every provision of the attached Project Agreement. 2. General Responsibilities of the City. The City shall: A. Work with SDSU to develop potential projects; 1 2014 Mou between SDSU and City of National City SDSU Agreement #40089846 B. Provide information in support of each project including, but not limited to, reports, designs, plans, and data sets; C. Assist SDSU with identifying stakeholders, public engagement activities, and community contacts in support of each project, as applicable; and D. Host student field trips to help establish the context for projects, as applicable. 2. General Responsibilities of SDSU. SDSU shall: A. Assign qualified students to work on each specific project; B. Assign qualified faculty member(s) to supervise the performance of the student(s) on the specific projects; C. Assist with the development of a scope of work for each project; D. Provide logistical support for each project; and E. Develop communications about the Programs and the specific projects. 3. Effective Date and Length of the MOU. This MOU will become effective on February 4, 2014. The duration of this MOU is for the period of three (3) years, from February 4, 2014 through February 4, 2017. 4. Contacts. The parties shall assign a contact person who shall have responsibility for the execution and progress of this MOU. The contact person for the City: Brad Raulston Executive Director City of National City 1243 National City Boulevard National City, CA 91950-4301 2 2014 Mou between SDSU and City of National City SDSU Agreement #40089846 The contact person for SDSU: Cathy Garcia Director Reference Agreement #40089846 Contract and Procurement Management San Diego State University 5500 Campanile Dr. AD 116 San Diego, CA 92182-1616 5. Termination. This Agreement may be terminated with or without cause by either party. Termination shall be effective upon thirty (30) day's written notice to the other party. 6. Assignment. Neither this MOU nor any interest herein may be assigned by either party without the prior written consent of the other party. Neither party shall subcontract to any other person, entity or agency the performance of any of its obligations under this MOU without the prior written consent of the other party. 7. Capacity and Authority. All individuals signing this MOU represent and warrant that they have the necessary capacity and authority to act for, sign and bind the respective party on whose behalf they are signing. 8. Miscellaneous Provisions. A. Captions. Any captions to, or headings of, the sections or subsections of this MOU are solely for the convenience of the Parties, are not a part of this MOU, and shall not be used for the interpretation or determination of the validity of this MOU or any provision hereof. B. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this MOU shall not be deemed to confer any rights upon, or obligate the Parties, to any person or entity other than the parties hereto. C. Exhibits and Schedules. Any Exhibits and Schedules attached to this MOU are incorporated into this MOU by this reference for all purposes. D. Amendment to this MOU. The terms of this MOU may not be modified or amended except by an instrument in writing executed by each of the Parties. IN WITNESS WHEREOF, the Parties have executed this MOU on the date and year first above written. [Signature Page to Follow] 3 2014 Mou between SDSU and City of National City SDSU Agreement#40089846 CITY OF NATIONAL CITY SAN DIEGO STATE UNIVERSITY Leslie Deese, City Manager ROVED AS TO FORM: ilea City Att By: Lorretta A. Leavitt Associate Vice President Financial Operations athy L! aMaster Associate Vice President for Academic Affairs 4 2014 Mou between SDSU and City of National City Attachment 2 SDSU Agreement #40089846 Exhibit A PROJECT AGREEMENT BETWEEN THE BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY SYSTEM, ON BEHALF OF SAN DIEGO STATE UNIVERSITY AND THE CITY OF NATIONAL CITY This Agreement is entered into on this 21st day of January , 2014 by and between the City of National City, a municipal corporation (the "City") and the Board of Trustees of the California State University system, on behalf of San Diego State University, Division of Undergraduate Studies ("SDSU"). RECITALS WHEREAS, the City and SDSU anticipate entering into a Memorandum of Understanding ("MOU") which will outline the general parameters of the collaboration between the City and SDSU; and WHEREAS, the MOU will state that the City and SDSU will enter into a separate Project Agreement for each project; and WHEREAS, the City and SDSU desire to enter into this Project Agreement for the development of wayfinding signs for the City. NOW THEREFORE, the City and SDSU agree as follows: AGREEMENT 1. ENGAGEMENT OF SDSU. The City agrees to engage SDSU, and SDSU agrees to perform the services set forth in this Agreement in accordance with all terms and conditions contained herein. 2. SCOPE OF SERVICES. SDSU shall develop wayfinding signs and identify the location of the signs to provide guidance to the City on how to improve walkability, accessibility, and safety in priority zones. SDSU will perform services as set forth in the attached Exhibit "A". 3. PROJECT COORDINATION AND SUPERVISION. Brad Raulston is designated as the Project Coordinator for the City and will monitor the progress and execution of this Agreement. SDSU shall assign a single Project Coordinator to provide supervision and have overall responsibility for the progress and execution of this Agreement for SDSU. Jessica Barlow is designated as the Project Coordinator for SDSU. 4. COMPENSATION AND PAYMENT. The total cost for all work described in Exhibit "A" shall be $25,000. Payment shall be in one lump sum and is due upon completion of the services as set forth in Exhibit "A". This payment is the only financial responsibility of the City. The City shall not be responsible for any other expenses related to the performance of the services pursuant to this Agreement. 5. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on September 1, 2013. The duration of this Agreement is for the period of September 1, 2013 through January 31, 2014. Completion dates or time durations for specific portions of the Project, if any, are set forth in Exhibit "A". 6. INDEPENDENT CONTRACTOR. Both parties in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. SDSU's employees and students are not employees of the City, and are not entitled to any of the rights, benefits, or privileges of the City's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. 7. CONTROL. Neither the City nor its officers, agents, or employees shall have any control over the conduct of SDSU or any of SDSU'S employees, students, or volunteers, except as herein set forth, and SDSU or SDSU's agents, servants, employees, students, or volunteers are not in any manner agents, servants, or employees of the CITY, it being understood that SDSU, its agents, servants, employees, students, and volunteers are as to the CITY wholly independent contractors, and that SDSU's obligations to the City are solely such as are prescribed by this Agreement. 8. ASSIGNMENT. Neither this Agreement nor any interest herein may be assigned by SDSU without the prior written consent of the City. SDSU shall not subcontract to any other person, entity or agency the performance of any of its obligations under this Agreement without the prior written consent of the City. 9. COMPLIANCE WITH APPLICABLE LAW. SDSU, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. 10. NON-DISCRIMINATION PROVISIONS. SDSU shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. SDSU SDSU Agreement No. 40089846 2 Project Agreement Between SDSU and City of National City will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 11. CONFIDENTIAL INFORMATION. The City may from time to time communicate to SDSU certain confidential information to enable SDSU to effectively perform the services to be provided herein. Such confidential information shall be in writing and shall be clearly marked as "CONFIDENTIAL INFORMATION" on the face of such document. SDSU shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the City. SDSU shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 11, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of SDSU, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of SDSU without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to SDSU by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. If SDSU receives a request for documents pursuant to the California Public Records Act, California Government Code sections 6250 through 6259, which SDSU received from the City regarding the subject matter of this Agreement, SDSU shall notify the City as soon as possible to give the City the opportunity to object and seek any appropriate relief. In its performance hereunder, SDSU shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 12. INDEMNIFICATION AND HOLD HARMLESS. A. SDSU agrees to defend, indemnify and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of SDSU's performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. SDSU Agreement No. 40089846 3 Project Agreement Between SDSU and City of National City B. The City agrees to defend, indemnify and hold harmless SDSU, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the City's performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of SDSU, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. SDSU. 13. STATUS OF STUDENTS. Students are not officers, agents, or employees of 14. INSURANCE. A. The California State University system has elected to be insured for its General Liability exposure through the self -insured CSU Risk Management Authority. B. The State of California has elected to be self -insured for its vehicle liability and Workers' Compensation and property exposures. As a State agency, the California State University, Office of the Chancellor, the Trustees, and the CSU system of campuses are included in this self -insured program. C. SDSU shall provide professional and personal general liability coverage for students performing services pursuant to this Agreement through the Student Academic Field Experience for Credit Liability Insurance Program (SAFECLIP). The coverage limits under this program are $1,000,000.00 for each Loss and $2,000,000.00 Aggregate for all Covered Parties, and not per student. The City shall be named as an additional insured under the SAFECLIP Program. D. The self-insurance and SAFECLIP Program above shall constitute primary insurance as to the City, its officers, employees, and volunteers, so that any policies held by the City shall not contribute to any loss under said self-insurance and SAFECLIP Program. Said self-insurance and SAFECLIP Program shall provide for thirty (30) days prior written notice to the City of cancellation or material change. E. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the City's Risk Manager. If such self- insurance and SAFECLIP Program are not kept in full force and effect at all times during the terms of this Agreement, the City may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. SDSU Agreement No. 40089846 4 Project Agreement Between SDSU and.City of National City 15. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, the parties shall pay their own costs and expenses of suit, including attorneys' fees. 16. DISPUTE RESOLUTION. Any dispute arising under the terms of this Agreement which is not resolved within a reasonable period of time by the Project Coordinators of the City and SDSU shall be brought to the attention of the City Manager, or designee, of the City and the Associate Vice President, Financial Affairs, or designee, of SDSU for joint resolution. If resolution of the dispute through these means is pursued without success, either party may seek resolution employing whatever remedies exist in law or equity beyond this Agreement. Despite an unresolved dispute, the City and SDSU shall continue without delay to perform its responsibilities under this Agreement. The Parties shall keep accurate records of its services in order to adequately document the extent of its services under this Agreement. 17. TERMINATION. If either party wishes to terminate this Agreement due to non- performance or failure to meet expectations, the terminating party will consult with the other party to seek resolution. Notwithstanding the above, this Agreement may be terminated with or without cause by the either party upon 30 days written notice to the other party. In the event of termination, all finished or unfinished Reports, Data, Methods, Analysis, Recommendations, and other documents prepared by SDSU, whether paper or electronic, shall immediately be delivered to the City. SDSU shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable pursuant to this Agreement, and less any damages caused the City by SDSU, if any. 18. LOGOS. Neither party shall use any identifying logos or marks of the other without the express written permission of the other party. 19. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: SDSU Agreement No. 40089846 Project Agreement Between SDSU and City of National City To City: Brad Raulston Executive Director City of National City 1243 National City Boulevard National City, CA 91950-4301 To SDSU: Cathy Garcia Director Reference Agreement #40089846 Contract and Procurement Management San Diego State University 5500 Campanile Dr. AD 116 San Diego, CA 92182-1616 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 20. CAPACITY AND AUTHORITY. All individuals signing this Agreement represent and warrant that they have the necessary capacity and authority to act for, sign and bind the respective party on whose behalf they are signing. 21. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. SDSU Agreement No. 40089846 6 Project Agreement Between SDSU and City of National City D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independentcounsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. SDSU Agreement No. 40089846 7 Project Agreement Between SDSU and City of National City IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY SAN DIEGO STATE UNIVERSITY B - Leslie Deese, City Manager B ROVED AS TO FORM: G. Si City Attorney SDSU Agreement No. 40089846 orretta A. Leavitt Associate Vice President Financial Operations Associate Vice President for Academic Affairs Project Agreement Between SDSU and City of National City Exhibit A The City shall provide SDSU with district master plans and shall determine the priority areas. The City shall provide SDSU with a list of capital projects that have been funded. SDSU shall develop graphics for wayfinding signs and shall identify the locations for the wayfinding signs. In determining the locations for the wayfinding signs, SDSU shall focus on connecting transit facilities with major City of National City parks, libraries, and other places of interest. SDSU shall develop the network of wayfinding signs focusing on safety, accessibility, and walkability. SDSU Agreement No. 40089846 Project Agreement Between SDSU and City of National City CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 'MEETING DATE: February 4, 2014 AGENDA ITEM NO. /8 ITEM TITLE: Response to the December 3, 2013 direction by the City Council to bring forward recommendations related to the facilitation of a City Council Retreat, including possible dates and format. PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: See attached staff report DEPARTMENT: As i+._s'strative Se • ices APPROVED B FINANCIAL STATEMENT: APPROVE ACCOUNT NO. APPROVED: The estimated cost of this is engagement is $6,800. Funds are available 001-409-000-213 ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Provide direction to Staff BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Staff report City Council Staff Report February 4, 2014 ITEM Staff Report: Response to the December 3, 2013 direction by the City Council to bring forward recommendations related to the facilitation of a City Council Retreat, including possible dates and format. BACKGROUND On December 3, 2013, during a regularly scheduled meeting, following discussion of a properly agendized item, the City Council of the City of National City directed staff to bring forward recommendations related to the facilitation of a City Council retreat. The purpose of this report is to provide a proposed outline for the development of the retreat, to provide a recommendation for a facilitator, and to discuss scheduling options. DISCUSSION Developing the Retreat Given the information provided by the City Council to date, as a starting point possible agenda topics include: a. Communication among Council members — how to effectively share and receive information to get to a more tangible outcome b. Goal setting to address key, resolvable issues In conferring with subject matter experts in working with boards, commissions and City Councils, it is common practice to engage said body in the development of the agenda through a facilitated process. This can be accomplished through one on one interviews with each member. The purpose of the interview is to: a. establish rapport between the consultant and the session attendees; b. gather data about "current reality" and the "desired state", c. enable the consultant to design a session that meets the attendees' needs. Page 2 Staff Report — Response to the December 3, 2013 direction by the City Council to bring forward recommendations related to the facilitation of a City Council Retreat, including possible dates and format. February 4, 2014 Once the interviews are complete, a draft workshop design can be created by the consultant, with the design vetted in advance of the retreat. Facilitators As discussed at the meeting of December 3, 2013, there is an interest in conducting the proposed retreat in Spring, 2014. Given the timetable, the type of body (City Council), and the general topics provided by the City Council, a list of three facilitators skilled in this area are provided to you for consideration. Biographies are provided as an attachment. Scheduling The nature of the retreat lends itself best to an environment that is casual, allowing for dialogue and discussion: a session outside of a normal business meeting, in a more relaxed environment. Based on the pre -work to be done, such a retreat could be conducted in mid -March to late March or the month of May, based on your preference. If the direction is to move forward, staff can work with the facilitator and the Council on the actual scheduling. RECOMMENDATION Staff recommends the following: 1. Select a facilitator from the list provided 2. Direct staff to work with the selected facilitator in developing designing the retreat based on the process outlined above FISCAL IMPACT Based on the above, the cost is estimated to be $6,800 Attachments: Facilitator Biographies a. Frank Benest b. Ed Everett c. Gary Winters THE CENTRE GO FOR ORGANIZATION EFFECTIVENESS Frank Benest Until August 2008, Frank Benest served as the City Manager of Palo Alto, California. He is a noted consultant and trainer on rightsizing public organizations, entrepreneurial government, civic engagement, leadership development and succession planning. Prior to his appointment in Palo Alto, Frank served as City Manager in Brea and Colton, California. He has a doctorate in management from Brigham Young University; a Masters in Public Administration from California State University, Long Beach; and a Bachelor of Arts degree from Yale University. Frank is a Credentialed ICMA Manager. Frank is Past President of the Califomia City Managers Department and past Vice President of the International City/County Management Association (ICMA). Frank teaches at Stanford University and has been inducted into the National Academy of Public Administration. Frank currently serves as the ICMA Senior Advisor for Next Generation Initiatives and Co - Chair of the Cal-ICMA Coaching Program. THE CENTRE FOR ORGANIZATION EFFECTIVENESS 8950 Villa La Jolla Drive, Suite A204 • La Jolla, CA 92037 • Tel: (858) 534-9119 • Fax: (858) 534-9147 • tcfoe.com THE CENTRE GO FOR ORGANIZATION EFFECTIVENESS ED EVERETT Ed is a nationally known expert in the areas of Community Building and Civic Engagement. Ed has 34 successful years of experience in local government, including 24 years as a city manager. Ed was awarded the ICMA's highest award: "Award for Career Excellence" in 2007. Ed is the Senior City Strategist for Nextdoor: Connecting neighbors, Strengthening Neighborhoods and Building Community.. He is a Senior Fellow with the Davenport Institute of Public Engagement and Civic Leadership at Pepperdine University. Ed has a degree in Economics from U.C. Davis and a graduate degree in Urban Affairs from Princeton University. He currently resides in Redwood City. THE CENTRE FOR ORGANIZATION EFFECTIVENESS 8950 Villa La Jolla Drive, Suite A204 • La Jolla, CA 92037 • Tel: (858) 534-9119 • Fax: (858) 534-9147 • tcfoe,com THE CENTRE GO FOR ORGANIZATION EFFECTIVENESS GARY WINTERS Gary Winters has over twenty-five years experience helping leaders become more effective. He's the author of five books on leadership and management, including To Do or Not To Do — How Successful Leaders Make Better Decisions, What Your Boss Never Told You — A Quick Start Guide for New Managers, and Managing Friends and Former Peers. His blog, The Leadership Almanac, explores the practical side of leadership, from how effective leaders create compelling visions to how they sweat the small stuff, from how they make tough decisions to how they navigate difficult conversations, from how they inspire to what makes them perspire. He is the former director of the Management Development Center at SDSU and past president of the Organization Development Network of San Diego. His public sector clients include over sixteen cities, nine water districts, three state agencies, three federal agencies, and over a dozen other organizations including counties, boards and commissions, school districts and universities. Mr. Winters's leadership training programs, which focus on practical, effective solutions, have been attended by over 40,000 people. He has been an executive coach to CEOs, general managers, mayors, city managers, department heads and others. His consulting practice focuses on: • Working with leaders one-on-one as an executive coach • Facilitating small groups including: team building, executive retreats, leadership seminars and workshops • Designing and implementing whole system interventions His content expertise (in alphabetical order) includes: • Conflict resolution • Decision -making • Employee surveys • Interpersonal communication • Leadership development • Strategic planning • Team building strategies THE CENTRE FOR ORGANIZATION EFFECTIVENESS 8950 Villa La Jolla Drive, Suite A204 • La Jolla, CA 92037 • Tel (858) 534-9119 • Fax: (858) 534-9147 • tcfoe.com CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 4, 2014 AGENDA ITEM NO. 19 ITEM TITLE: National City Sales Tax Update Newsletter — Third Quarter 2013 PREPARED BY: Ed Prendell, Budget Analyst PHONE: 619-336-4332 EXPLANATION: DEPARTMENT: Financ APPROVED BY: BACKGROUND National City has an on -going contract with Hinderliter, de Llamas & Associates (HdL) for revenue management. Staff meets with a representative of HdL on a quarterly basis to review sales tax data & trends within the City & Statewide. NEWSLETTER SUMMARY Receipts for National City's July through September sales were 11.4% higher than the same quarter one year ago. Autos and transportation posted a strong quarter from new and used car sales and leases. In addition, receipts from business and industry were boosted by onetime payments. Lower receipts from service stations partially offset the city's gains. General consumer goods also posted sales declines from family apparel, department stores, and home furnishings; however, the loss was exaggerated by payment anomalies. Onetime adjustments were responsible for temporarily depressing building and construction. Measure "D", the city's voter approved transaction tax generated $2,452,022, an 8.3% increase over the same quarter last year. Adjusted for aberrations, taxable sales for all of San Diego County increased 6.1 % over the comparable time period, while Southern California region as a whole was up 5.3%. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: 77a, Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept and file the newsletter. BOARD 1 COMMISSION RECOMMENDATION: ATTACHMENTS: National City Sales Tax Update Newsletter — Third Quarter 2013 Q National City In Brief s' eceipts for National Citys July through September sales were 1' 41.: higher than The same quarter one year ago Mutos and transportation posted a strong quarte, from new and used car sales and leases. In addition. receipts from business and indus- try were boosted by onetime pay- ments, , igher receipts from quick service and fast casual eateries were re- sponsibe for the increase from the restaurant group Accounfrg ad- justments that lifted grocery stores infla'ed the food and drugs group. f.-ower receipts from service sta- tions partially offset the citys gains. General consumer goods a'so post- ed sales declines from family ap- pareldepartment stores and home furnishings: however the loss was exaggerated by payment anoma- lies_ Onetime adjustments were re- sponsiole for temporarily depressing building and construction ease-e D . the citys voter ap- proved transactions tax generated an additional S2452 022, an 8.3% increase over the same quarter last year djusted for aberrations. taxable sales for all of San Diego County increased 3.1% over the compara- de time periodwhile the Southern California region as a whole was up 53%. dAR*14— Y ational City Sales Tax Update aurthQuarter Receipt' for ThirdQtrar1er Sales «u4' - September 2013) SALES TAX BY MAJOR BUSINESS GROUP $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 80 Autos and Transportation General Restaurants Consumer and Goods Hotels TOP 25 PRODUCERS In Alphabetical Order Arco AM PM Ball Honda Acura Mitsubishi Suzuki Kia C & M Motors Truck Center Costco Optical Lab Frank Hyundai Frank Subaru Frank Toyota Scion Highland Arco JC Penney Macys Mor Fumiture 4 Less Mossy Nissan Nordstrom Rack One Source Distributors Perry Chrysler Dodge Jeep Ram Perry Ford Probuild Company Ron Baker Chevrolet Ross Satis Vacuum of America South Bay Volkswagen South County Buick GMC Target Walmart Wescott Mazda Business and Industry Fuel and Service Stations ■ 3rd Quarter 2012 ■ 3rd Quarter 2013 Food and Drugs Building and Construction REVENUE COMPARISON Two Quarters — Fiscal Year To Date Point -of -Sale County Pool State Pool Gross Receipts Less Triple Flip* Measure D 2012-13 2013-14 $6,450,617 $6,964,010 735,187 864,634 2,061 3,738 $7,187,865 $7,832,381 8(1,796,966) $(1,958,095) ,442,303 $4,763,425 *Reimbw-sed front county compensation fund Published by HdL Companies in Winter 2014 f_ J(a i � 1, www,hdlcompanies.com ( 888.861.0220 COMPANIFS Q3 2013 National City Sales Tax Update Statewide Results The local share of sales and use tax revenues from the summer sales quarter was temporarily reduced by a state computer glitch that failed to fully fund receipts from sellers of building and construction supplies. Actual sales activity was up 5.8°% over last year's comparable quarter after adjusting for this and other ab- errations. Overall performance was generally similar throughout most regions of the state. New and used auto sales and leases again grew at double digit rates and were the primary contributor to the quarter's statewide growth. With on-line sales remaining strong and more businesses reporting due to the state's new out-of-state report- ing requirements, countywide pool allocations became the second larg- est portion of this quarter's overall increase. Recovering building and construction activity was also signifi- cant with a 9.7% gain after adjusting for the delayed allocations. Gains in most other segments were relatively modest while receipts from fuel and service stations declined for the third consecutive quarter. Local Sales Tax Measures Ten of twelve proposals for sales tax add-ons were approved in Novem- ber as voters continued to support funding local services where they have more input and control. New taxes were approved in An- tioch, Corte Madera, Huron, Lark- spur, San Ansehno and Scotts Val- ley Existing add-ons were either increased or extended in El Monte, Rohnert Park, San Rafael and Stock- ton. This brings the total number of city transactions and use tax districts to 135 and countywide districts to 44. Additional measures arc expected to appear on local ballots in 2014. Tax Rebates Effective January 1, AB 562 (Wil- liams) requires public notice and hearings on economic subsidies exceeding $100,000. Identification of beneficiaries of the subsidy, the amounts, the beginning and end- ing dates and promised tax and job benefits are required as are periodic up -dates. As on-line sales divert a greater por- tion of tax revenues from business and consumer purchases to central- ized fulfillment centers, rebates of up to 85% are being bid in exchange for being the "point of sale" for the re- mainder. This bill encourages deeper evaluation of agreements that are collectively transferring an alarming share of statewide local sales tax to corporate bottom lines while cutting revenues for public services. Holiday Sales Tax Shifts Local tax receipts from fourth quar- ter sales will not be seen until March but may differ from previous years. Some forecasters predicted that on- line shopping would account for up to 40% of holiday sales which would transfer that portion of the tax from stores to central fulfill- ment centers or county allocation pools. Final tax results from holiday spending will be pushed into June based on a National Retail Federa- tion survey that showed 80% of shoppers gave at least one gift card. Tax is not charged until a gift card is redeemed. SALES PER CAPITA $8,000 $6,000 - $4,000 $2,000 $0 Q3 10 National City Q3 Q3 Q3 11 12 13 IIIMMINIIMMINIMIIIMI County California NATIONAL CITY TOP 15 BUSINESS TYPES *In thousands Business Type Auto Lease Casual Dining Department Stores Discount Dept Stores Electrical Equipment Electronics/Appliance Stores Family Apparel Light IndustriaVPrinters New Motor Vehide Dealers Quids -Service Restaurants Service Stations Shoe Stores Specialty Stores Used Automotive Dealers Women's Apparel Total All Accounts County & Slate Pool Allocation Gross Receipts National City County HdL State Q3'13• Change Change Change 63.8 36.0% 22.7% 18.1% 102.7 -0.3% 1.3% 2.8% 137.6 -4.1% 1.1% 1.6% 218.4 -1.3% -4.1% -8.1% 77.9 140.6% -23.7% -2.7% 65.2 9.3% -0.5% 4.2% 153.1 -11.1% 6.0% 5.7% 92.4 193.0% -4.2% 2.9% 1,277.0 12.9% 12.6% 12.8% 204.5 9.0% 4.3% 4.1% 189.0 -14.7% -2.3% -1.5% 60.2 1.7% 4.0% 6.5% 76.6 10.7% 9.3% 7.7% 97.3 11.6% 0.1% 11.5% 76.1 -0.1% 1.3% 1.0% $3,541.7 9.4% 2.4% 2.5% $454.2 29.4% 21.1% 12S% $3,995.9 11A% 4.2% 3.5% ITEM # 20 2-4-14 STATE OF CALIFORNIA FISCAL YEAR 2015 BUDGET UPDATE (FINANCE) ITEM #21 2/4/14 DISCUSSION OF A SAFE ONGOING PRESCRIPTION DRUG DROP OFF SITE WHICH WOULD ALLOW RESIDENTS TO DISPOSE OF HOUSEHOLD PRESCRIPTION MEDICATIONS AT A LOCATION FOR QUICK AND CONVENIENT USE (COUNCIL INITIATED) In response to growing demands for a safe and convenient way to dispose of household prescription medications, the San Diego Police Department has installed a drop -box at its Southeastern Division for (wick and convenient use. Residents can bring all types of unwanted medications, including prescription and ove r- the -counter drugs. Citizens can remain completely anonymous. Remember, this program is for household medications only. Medical professionals are not eligible. For further information about the program, please contact: San Diego .Police Department Southeastern Division (619) 527-3500 Monday through Friday, 8a.m.to5p.m. San Diego Police Depai intent 'SAFE PRESC'RI{PTION DRUG DROP OFF PROGRAM A program for The City of San Diego residents to safely dispose of unwanted household medications. Why :is it important to .get rid,ofunw,anted medications? • 'l'cenagrn and young :xlults are abuaing medications. Some taken from their parents or grandparents medicine cabinet at an alarming rate' • Young children and pets accidentally ingest medications f wnd around the home, leading to potential poisoning. • Seniors can nti=takrnly mix incompatible medications or tarke expired drugs that may be harmful to them. Why should w.e ,a &oid flushing medications Dr throwing ;them in the ;trash? • 'Wastewater t,eattnrnt Facilities are not designed to remove many of the constituents found in medications, so these materials may pass untreated into our water systent. Researchers have detected trace elements of medications in numerous watts bodies natiomride. • \ledications thrown in the uauh are sus4a niblc to retrieval by individuals or pets. 1114isent to the landfill. medications nt+trotir0i c:ut potentially enter thaefcruart. The fallowing items can be deposited .i00 e drop ;box: • Over -the. -counter medications • Prescription medications • dedication samples • \hdications for household pets The ,following items are NOT Accepted: • Needles or other "sharps" • Hazardous waste • Thermometers • Personal care products ,non -medicated shampoo, soap, perfinne, etc.) • 'Trash • \Tail • Lost and found materials • Empty containers • Business/professional waste Please keep medications in their original con- tainers and remove or scratch out all personal information, including name, address, and phone number. This program is for househokl medications only. Medical professionals are not eligible. Collection Locations: 'l lte San Diego Police 1)eparnneni will accept unwanted household medications at the following locations: Southeastern Division - 7222 Skyline Drive San Diego, CA. 92114 Drop Box located in stain lobby of station. (619) 527-3500 Hours of operation: Monday through Friday, 8 p.m. to 5 p.m. Northwestern Division - 12592 1',I Camino Real San Diego, CA. 92130 (858)523-7000 Drop Box located on north side of station at pedestrian gate. Hours of operation: 24 hours a day, 7 days a week.