The URL can be used to link to this page

Home My WebLink About2014 02-18 CC HA AGENDA PKTRON MORRISON Mayor LUIS NATIVIDAD Vice Mayor JERRY CANO Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd National City, CA 91950 619-336-4300 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV 1 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 18, 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 2/18/2014 — 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 interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audi6fonos 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 2/18/2014 — 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. Recognizing Veronica "Ronni" Zengota, Police Operations Assistant for her 30 years of service with the City of National City 2. National City Community Emergency Response Team (CERT) Academy #6 Graduates (Fire) 3. Update on water issues and the City's water conservation efforts. (Sweetwater Authority Representative and Engineering/Public Works) 4. 2014-2015 Community Development Block Grant (CDBG) Program Applicant Presentations for Public Services (Housing, Grants, and Asset Management) INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 5. Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of December 17, 2013. (City Clerk) 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Fifth Amendment to the Agreement for Legal Services with the Successor Agency to the Community Development Commission as the National City Redevelopment Agency and Best Best & Krieger, LLP, for the Community Youth Athletic Center legal challenge defense to increase the not to exceed amount by $100,000 for a total not -to -exceed amount of $562,500. (City Attorney) CC/CDC Agenda 2/18/2014 — Page 4 7. Resolution of the City Council of the City of National City approving and authorizing the Mayor to sign a Utility Agreement with the State of California Department of Transportation to relocate the City of National City's eight inch (8") sewer main which crosses under Interstate 805 in order to accommodate the construction of additional freeway lanes. (Engineering) 8. Warrant Register #29 for the period of 1/8/14 through 1/14/14 in the amount of $503,544.35. (Finance) 9. Warrant Register #30 for the period of 1/15/14 through 1/21/14 in the amount of $1,416,855.17. (Finance) PUBLIC HEARINGS 10. Public Hearing of the City Council of the City of National City to consider establishment of Residential Permit Parking District "K" on both sides of E. 26th Street between "B" Avenue and "D" Avenue, and on the east side of the 2500 block of "B" Avenue, pursuant to City Council Policy 710 "Residential Permit Parking Program" (TSC 2013-25) (Engineering/Public Works) ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 11. Resolution of the City Council of the City of National City authorizing the reinvestment of $2 million in a CDARS account with Neighborhood National Bank for a one-year term. (Finance) 12. Resolution of the City Council of the City of National City authorizing the Mayor to sign an Agreement between and among the County of San Diego and participating cities and jurisdictions regarding the Next Generation Regional Communications System providing communication services to Public Safety and Public Service Agencies operating in San Diego County and Imperial County with an anticipated cost of $1.75 million and on -going maintenance costs payable by March 31, 2016. (Fire) NEW BUSINESS 13. Temporary Use Permit-3rd Annual Mabuhay Festival & 116th Philippine Independence Celebration at Kimball Park on June 14, 2014 from 10 a.m. to 4 p.m. with request of waiver of fees. (Neighborhood Services) 14. Staff Report: Mid -Year Fiscal Year 2014 Budget Update. (Finance) CC/CDC Agenda 2/18/2014 — Page 5 15. Scheduling of City Council workshop related to the discussion and preparation of the City of National City's annual budget for Fiscal Year 2015. (Finance) 16. Preview of the City's draft Electronic "E" Newsletter (City Manager) COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY STAFF REPORTS 17. Staff Report on the proposed timeline for the development and drafting of a Proposed Ballet Measure to extend the City's previously voter -approved ten year district sales tax beyond 2016 to maintain the City's public safety services, prevent cuts to police and fire services and ensure adequate funding for parks, libraries, and other City services, to be placed on the November 2014 ballot. (City Attorney) MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular City Council/Community Development/Housing Authority of the City of National City Meeting - Tuesday - March 4, 2014 - 6:00 p.m. - Council Chambers - National City, California. ITEM # 2/18/14 RECOGNIZING VERONICA "RONNI" ZENGOTA, POLICE OPERATIONS ASSISTANT FOR HER 30 YEARS OF SERVICE WITH THE CITY OF NATIONAL CITY ITEM # 2 2-18-14 NATIONAL CITY COMMUNITY EMERGENCY RESPONSE TEAM (CERT) ACADEMY #6 GRADUATES (FIRE) ITEM # 3 2/18/14 UPDATE ON WATER ISSUES AND THE CITY'S WATER CONSERVATION EFFORTS (SWEETWATER AUTHORITY REPRESENTATIVE AND ENGINEERING/PUBLIC WORKS) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 18, 2014 AGENDA ITEM NO. 4 ITEM TITLE: 2014-2015 Community Development Block Grant (CDBG) Program Applicant Presentations for Public Services PREPARED BY: Angelita Marchante, Community Dev. Spec( DEPARTMENT: Hou/Ing, Grants, & AssetQC �_. agement Department PHONE: (619) 336-4219 APPROVED BY: EXPLANATION: The City of National City solicited requests for funding from community agencies and City Departments for program funding in Fiscal Year (FY) 2014-2015 under the Community Development Block Grant (CDBG) Program. The application for funding was made available on November 26, 2013. It is estimated that the City will receive $808,047 for FY2015 of whichl5% ($121,207) is designated for Public Services. The City received 11 Public Service applications for Fiscal Year (FY) 2014-15 CDBG funding. On February 18, CDBG Public Service applicants will be provided the opportunity to present on their funding request to the City Council. Applicants will have up to 3 minutes per application to present each proposed activity at the City Council meeting. The City Council will make recommendations for funding CDBG activities immediately after the first of two public hearings on March 18 for the proposed Fifth Year Annual Action Plan. After a 30- day public comment period and having conducted a second public hearing on May 6, the City Council may adopt the Annual Action Plan activities for submission to the U.S. Department of Housing and Urban Development. All other CDBG and HOME Program applicants will have the opportunity to present their funding request to the City Council at the meeting on March 4.' FINANCIAL STATEMENT: ACCOUNT NO. In/a' Not applicable to this report. ENVIRONMENTAL REVIEW: Not applicable to this report.!, ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: File this report. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: Attachment No. 1: FY 2014-2015 Annual Action Plan Development Timeline Attachment No. 2: 2010-2015 Consolidated Plan Goals and Objectives Attachment No. 3: List of Applicants for 2014-2015 CDBG Funding Attachment 1 FY14-15 Annual Action Plan Timeline for CDBG and HOME Programs Summary of the Funding Timeline November26, 2013 (Tuesday): eq4 Yy. .air January - March 2014 February 11, 2014 (Tuesday): March 4, 2014 (Tuesday): ri March 25 to April 23, 2014 FY 2014-15 CDBG/HOME Grant Funding Applications Available for Distribution City Hall Clerk's Office, MLK Jr. Center Suite B, and City of National City Website Drafting of FY 2014-15 Action Plan CDBG/HOME Grant Applications to the City Council CDBG/HOME Program Applicant Non -Public Service and HOME Presentations 6:00 p.m. City Hall Council Chambers Mandatory 30-Day Public Review FY 2014-15 Action Plan May 15, 2014 (Thursday): Submission of the FY 2014-15 Action Plan to HUD Attachment No. 2 FIVE-YEAR CONSOLIDATED PLAN 2010-2015 STRATEGIC HOUSING (H) PLAN PRIORITIES AND OBJECTIVES Summary: In order to maintain quality structures and living spaces in National City, the City prioritizes single- family and multi -family rehabilitation programs to provide assistance for repairs and rehabilitation, especially for affordable housing stock. Objective 1: Minor Home Rehabilitation Provide funding for minor rehabilitation of 50 units. Obiective 2: Ownership Housing Rehabilitation Program Provide funding (loans and rebates) to rehabilitate/repair 15 single-family housing units. Objective 3: Rental Unit Rehabilitation Program Provide loans to owners of rental housing to rehabilitate/repair 12 units, in retum for a deed restriction to maintain units affordable. Objective 4: Housing. Inspection Program Provide funding to assist 150 housing units with housing inspections that will provide technical assistance to property owners with regards to code enforcement and violations. Obiective 5: Lead -Based Paint Hazard Reduction Continue to educate residents on health dangers of lead; require testing and lead hazard reduction in conjunction with rehabilitation. Summary: Develop program that will provide financial assistance through loans and/or grants to help first-time homebuyers. Obiective 1: Provide homeownership assistance to 33 households. Summary: City will work with for -profit and non-profit housing developers to acquire, rehabilitate, and construct new affordable housing units. Objective 1: Support the rehabilitation and/or construction of 50 affordable housing units. Summary: Contract with the Fair Housing Council of San Diego to perform investigation, reporting, monitoring, tenant counseling, and landlord training on fair housing law. Objective 1: Provide assistance to fair housing counseling and enforcement organizations. Annually evaluate services provided. Seek to assist 250 households. Objective 2: Actively advertise the services provided to National City residents in public locations. Objective 3: Continue to comply with the fair housing planning requirements of CDI3G & HOME programs. Page 1 of 3 Attachment No. 2 Summary: Two projects with 260 federally assisted units are at risk of converting to market rate. City will implement the following objectives to conserve affordable housing stock at risk of conversion. Objective 1: Monitor units at -risk of converting to market rate. Objective 2: Establish contact with agencies interested in purchasing and/or managing units. Objective 3: Work with tenants and provide them with information of other affordable housing opportunities. Objective 4: Assist tenants of at -risk housing to obtain priority status for Section-8 if conversion to market rate. Summary: National City if a part of the San Diego Continuum of Care System and addresses. homeless Issues in the community through the continuum of care model. The National City Housing Authority and CDBG funds can also be used to provide supportive services to the homeless and those at -risk of becoming homeless. Objective 1: Continue to support and participate in the San Diego Continuum of Care System. Objective 2: Coordinate with Emergency Food and Shelter Programs to bring funds into the region. Objective 3: Assist 300 persons by providing assistance to agencies and organizations that provide services to the homeless and/or persons at -risk of homelessness. Identified funding source: Homelessness Prevention and Rapid Re -Housing Program (HPRP) Page 2 of 3 Attachment No. 2 FIVE-YEAR CONSOLIDATED PLAN 2010-2015 STRATEGIC COMMUNITY DEVELOPMENT (CD) PLAN PRIORITIES AND OBJECTIVES Summary: CDBG funds may be used to improve and expand parks and recreation facilities, to assist in the construction, expansion, and/or rehabilitation of other non -City owned community facilities serving the City's low- and moderate -income population and people with special needs. CDBG funds may also be used for new fire facilities and equipment if needed. In the past, CDBG funds leveraged a Section 108 loan for these purposes. The City's 5-year Capital Improvement Plan (CIP) identifies capital project needs; some of these projects have been identified as priorities for the Consolidate Plan 5-year period, including improvements to be made with regard to ADA compliance. Obiective 1; Pursue 3 improvement projects to parks, recreational, and community facilities annually, for a total of 15 projects during the five-year Consolidated Plan period. Obiective2: Continue to prioritize repayment of the Section 108 loan, allocating CDBG funds and program income. Summary: Street and sidewalk improvements are needed in low- and moderate -income areas to support continued investment. In addition, flood control projects have been identified as priorities. Objective 1: Pursue 2 flood control and 15 street improvement projects. Summary: The public outreach process identified homeless and emergency food services, senior services, childcare, and especially youth services, and crime awareness/prevention as priority services. Objective 1: Pursue public services for lower -income and special needs populations as identified on a yearly basis. Assist 8,350 persons or households over the five-year Consolidated Plan period. arovid , or4 ecessarNy0piamm41g.activities Summary: To ensure the effective use of limited CDBG and HOME funds, the City must allocate money towards planning and monitoring. Preparation of annual updates allows the City to address the community's changing needs. Continued outreach to low- and moderate -income households should be conducted as part of the CDBG program's required public participation process. Objective 1: Annually review implementation of Consolidated Plan and update Action Plan as necessary. Objective 2: Conduct monitoring of CDBG and HOME funded activities. Objective 3: Ensure understanding of changing community needs through coordination with the Neighborhood Councils. Objective 4: Support efforts to increase volunteerism in the community in order to assist in the removal of blight and increase community engagement. Page 3 of 3 Attachment No. 3 1 2 3 4 5 6 7 8 9 10 Applicant Name City of National City, Community Services Department International Bible Baptist Church Community Youth Athletic Center Meals -on -Wheels Greater San Diego, Inc. La Maestra Family Clinic, Inc. DBA La Maestra Community Health Centers City of National City, Public Library South Bay Community Services YMCA of San Diego County/South Bay Family YMCA City of National City, City Manager's Office City of National City, Community Services Department Program Name At Risk Youth After School Teen Program - "Supreme Teens" Brother's Keeper San Diego, Inc. Champs 4 Life Youth Diversion Program Home -Delivered Meals - Meals on Wheels National City Improving Access to Behavioral and Mental Health Services for Low -Income and Uninsured Individuals Living in National City Literacy Services National City Police Department Support Services: Domestic Violence Response Team National City YMCA Subsidy and Financial Assistance Program for National City Residents Neighborhood Councils Program Tiny Tots Activity Minimum Allocation Allocation $27,500 $27,500 $50,000 $25,000 $60,000 $25,000 $8,000 $6,000 $25,060 $24,300 $52,000 $52,000 $20,000 - $20,000 $50,000 $30,000 $84,000 $15,000 $29,337 $29,337 11 12 13 14 15 16 Trauma Intervention Programs of San Diego Coun, Inc Code Enforcement City of National City, Housing, Grants, and Asset Management Economic Development Southwestem Community College District Interim Assistance City of National City, Neighborhood Services Division Public Facility Improvements Centro de Salud de la Comunidad de San Ysidro, Inc. DBA San Ysidro Health Center, Inc. Public Infrastructure Improvements City of National City, Engineering Division Trauma Intervention Program Housing Inspection Program Southwestern Community College Center for International Trade Development Neighborhood Preservation National City Family Clinic Facility Improvement Drainage Improvements $11,000 $11,000 $110,477 $110,477 $35,000 $25,000 $134,302 $129,302 $315,194 $315,194 $100,000 $100,000 17 18 19 City of National City, Engineering Division Rehabilitation Environmental Health Coalition Section 108 Loan City of National City, Fire Department Park ADA Enhancements Making National City's "Healthy Homes" Energy Efficient Fire Station 34 Section 108 Loan Payment Fiscal Year 2014 - 2015 $100,000 $100,000 $45,768 $45,768 $543,819 $543,819 Page 1 of 2 Attachment No. 3 Activity Allocation A Minimun. Allocation o Applicant Name Program Name Pl�ttp)t�YASlmmist4'�ttan ➢ � r � �. $126,609 �tr34,Bbla $126,609 20 City of National City, Housing, Grants, and Asset Management CDBG Program Administration 21 CSA San Dieo County Fair Housing and Tenant Landlord Education $35,000 $35,000 National City Owner -Occupied Rehabilitation Program $310,319 $310,319 22 City of National City, Housing, Grants, and Asset Management 23 South Bay Community Services National City Tenant Based Rental Assistance Program (TBRA) $100,000 $75,000 24 City of National City, Housing, Grants, and Asset Management HOME Program Administration $26,943 $26,943 5 xt•X 3'. 3'+- � Y Sz<A '� `. "3 .4 ..Pe 'r` � � -4 � Page 2 of 2 Item # 5 02/18/14 APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF DECEMBER 17, 2013. (City Clerk) Book 95 / Page XX 12-17-2013 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY December 17, 2013 The Regular Meeting of the City Council_ Commission — Housing Authority of the City at 6:10 p.m. by Mayor / Chairman Ron Mo ROLL CALL Council / Board members present: Can Administrative Officials present: Dalla, Raulston, Roberts, Rodrigue _ va, Steven Others Present Student Re•`i.;,.-tive Kane PLEDGE OF ALLEGIANCE TO OFF AGENDA I SUBJECT: RE NATIONAL CITY INF AN P TH WES CREEK REC ACTIO onto the A RE ERSHIP, TY FOR TRANSI NCEMEN ENDAT potion.. Community Development City was called to order rrison, Natividad, . se= ng, Man ara, Williams, Sotelo-Solis. Ilo, Parra, rra. RON MORRISON COUNCIL OF THE CITY OF MAYOR TO EXECUTE A SITE N THE CITY OF NATIONAL CITY USING.,. RS, L.P., A CALIFORNIA LIMITED T TH �"`Yo HALL NOT EXCEED $4,000,000 TO TRUCTURE COSTS INCURRED ON THE FFORDABLE HOUSING AND PARADISE ROJE . (Housing, Grants, & Asset Management) : Add the item. Sotelo-Solis, seconded by Cano, to bring the item tem No. 12a. Carried by unanimous vote. PUBLIC ORAL COMMUNICATIONS None. CITY COUNCIL PRESENTATIONS Book 95 / Page XX 12-17-2013 PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) 1. Employee of the Quarter 2013 — Firefighter Kevin Hamel COUNCIL MEETING PRESENTATIONS 2013 (102- s ) 2. Sage Project Presentation of Marina Distr '` nd Use Plan from SDSU Students. (Copy on file in the Office oft <_> E° Clerk) COUNCIL MEETING PRESENTATIONS c:;; 102-1 3. Update from the San Diego P. �j 'rict on inter -d planning efforts. Keith Walzak, Manager of r-.;;� ' '" ( g „� orts Environm- ��: and Land Use Management Department) (Co. F° . w file in the Office o ity Clerk.) INTERVIEWS / APPOINTM BOARDS & COMMISSIONS 4. Interviews and Appointme Maria Patric appea appea CONSENT CA ADOPTION OF throu NV C Cal APPRO 5. Appr Commu National ACTI s. o. 12 6 `d,8, and nim`" .n:vote. stees. (City Clerk) Item No. 5 (Minutes), Item Nos. 6 2013-193), Item Nos. 10 and 11 otion by Natividad, seconded by prove the remainder of the Consent tes of the Regular Meeting of the City Council and ent Commission — Housing Authority of the City of mber 5, 2013. (City Clerk) pproved. See above. Book 95 / Page XX 12-17-2013 CONSENT CALENDAR (cont.) DEED (D2013-3) 6. Resolution No. 2013-190. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GRANTING A 4-FOOT WIDE AERIAL EASEMENT WITH THE RIGHT TO ERECT AND MAINTAIN ANCHORAGE TO SAN DIEGO GAS AND ELECTRIC COMPANY FOR THE PURPOSE OF EXISTING OVERHEA •• TILITY FACILITIES AT THE PROPERTY LOCATED AT 421 W. ,_' STREET IN NATIONAL CITY. (APN 562-220-41) (Engineering) ACTION: Motion by Natividad ,> `• by Cano, to adopt the Resolution. Carried by unan'Fau' vote. CONTRACT (C2012-48) 7. Resolution No. 2013-191. RE THE CITY OF NATIONAL CITY: 1 ARMSTRONG GEN ,r:; . ENGINE FINAL CONTRACT A RELEASE OF RETEN RATIFYING THE FILIN CON 8. NATIONAL IMPROV PROPO A so THE CI T TO EX FOR T VEMENT ENCY EN CON UNFO EXECUT (Engineering ACTION: Motion by Natividad, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. STR O JECT, CDBG d. See OF HE TION OF THE C COUNCIL OF THE WOF KOCH- C., 2) APP',} ING THE $71'®'.61; 3) AUTHORIZING THE AM T OF $35,996.98, AND 4) ICE O":OMPLETION FOR THE AND CONCRETE N 12-06 (FUNDED BY Bering) ON OF THE CITY COUNCIL OF AWARDING A CONTRACT IN THE T OF $831,517.30 TO EC CONSTRUCTORS, 172 ILSON AVENUE TENANT AND SITE PECI CATION 13-06; 2) AUTHORIZING A 15% THE AMOUNT OF $124,727.59 FOR ANY NGES; AND 3) AUTHORIZING THE MAYOR TO ONTRACT (FUNDED BY GENERAL FUND). 3 Book95IPageXX 12-17-2013 CONSENT CALENDAR (cont.) CONTRACT (C2013-50) 9. Resolution No. 2013-193. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBORDINATION AGREEMENT ALLOWING A NEW MORTGAGE NOT -TO -EXCEED $120,000 TO BE AND REMAIN A LIEN PRIOR AND SUPERIOR TO A HO�_�; G REHABILITATION ASSISTANCE LOAN ON A SINGLE-UNOPERTY LOCATED IN NATIONAL CITY. (Housing, Grants, & �.;_<A anagement) ACTION: Adopted. See above. WARRANT REGISTER JULY 2013 — J 10. Warrant Register #21 for the amount of $1,995,464.82. (Fina ACTION: Ratified. See abo WARRANT REGISTER JUL 11. Warrant Register #22 amount of $1,479,283.77. ACTIatified. JUNE 2`` 202-1-28) 'od of FINANCIAL M „ e GEM " 'r.. 013-2�': ;.;v( �' -1-2 12. Investme ded September 30, 2013. (Finance) ACTI 11/19/13 in the 13 through 11/26/13 in the NE CO 12a. T EXE CITY '' CT (C201 .lution No. : ITY OF A SIT NATI ESOLUTION OF THE CITY COUNCIL OF TIONA CITY AUTHORIZING THE MAYOR TO FRASTRUCTURE AGREEMENT BETWEEN THE L CITY AND PARADISE CREEK HOUSING PARTNE A CALIFORNIA LIMITED PARTNERSHIP, FOR PAYMENT '` SHALL NOT EXCEED $4,000,000 TO THE CITY FOR SITE INFRAS RUCTURE COSTS INCURRED ON THE WESTSIDE TRANSIT -ORIENTED AFFORDABLE HOUSING AND PARADISE CREEK ENHANCEMENT PROJECT. (Housing, Grants, & Asset Management) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Cano, to approve staff recommendation. Carried by unanimous vote. �1 Book 95 / Page XX 12-17-2013 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2013 (203-1-29) 13. Temporary Use Permit — "Christmas with Kids" hosted by Christmas with Kids National City at 123 E. 3rd Street on December 25, 2013 from 6 a.m. to 12 p.m. The applicant has requested a waiver of fees. (Neighborhood Services) RECOMMENDATION: Approve the Applic„f, for a Temporary Use Permit subject to compliance with all condi°`•f approval with no waiver of fees. TESTIMONY: None. ACTION: Motion by Natividad, conde• ®;:u ano, to approve with waiver of fees. Carried b ;dt imous vote. ENGINEERING DEPT — GRANTS / R 14. Report and Presentation seeking negotiations with En maintenance, and fle duty vehicle and return year Lease Agreement. the City Cle RECOM Enterpri consider TES COND 15. No Perm Street. AL USE of Decisiot` a Wirel plic (Planning) RECOMME ';;\>' ON: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Sotelo-Solis, to set for Public Hearing. Carried by unanimous vote. TS ADMIN (1104- direction ; - f to enter ise Fleet ._ ent for the ' B Iacement, ement os.,ional City's light and medium uncil at `s ..ter date to consider a five- Pres- 1 . on on file in the Office of Dire ement se Agre=`°rir nt• senta o negotiations with Council at a later date to from Enterprise Fleet Management tions. rn with more information and a s taken. (403-28-1) Planni g Commission approval of a Conditional Use Communications Facility located at 2575 East 8th Verizon Wireless) (Case File: 2013-26 CUP) 5 Book 95 ! Page XX 12-17-2013 NEW BUSINESS (cont.) CONDITIONAL USE PERMITS 2013 (403-28-1) 16. Notice of Decision — Planning Commission approval of a Conditional Use Permit and Coastal Development Permit for a Wireless Communications Facility located at 1445 Tidelands Avenue. (Applicant: Verizon Wireless) (Case File 2013-24 CUP, CDP) (Planning) RECOMMENDATION: Staff concurs with t _®ecision of the Planning Commission and recommends that the Not'a''Iecision be filed. TESTIMONY: None. ACTION: Motion by Natividad, . p G • - y Rios, to set for Public Hearing. Carried by unanims, POLICE DEPT ADMIN (302-4-1) 17. Response to request by City C;rrl to provide inform `� regarding the retail sale of animals in pet stores ```' 0 elat- nicipal co (Police) RECOMMENDATION. ne. TESTIMONY: ACTION: Motion=®")� Solis, `fended by Rios, to request additional informat , inc r®contac.i" urrent business owners. Carri ®,�;_ nanimo Resolution VELOPM ATIONAL TEASU ROJEC ANT 0. SOLUTION OF THE COMMUNITY SION- HOUSING AUTHORITY OF THE CITY RIZING THE EXECUTIVE DIRECTOR TO DINA ` ON AGREEMENT AND AN AMENDMENT EED OF TRUST SECURING THE DECLARATION CONDITIONS, AND RESTRICTIONS FOR 372 AFFORD TAL UNITS AT 2721 PLAZA BOULEVARD IN NATIONAL E' (Housing, Grants, and Asset Management) RECOMMENDATION: Staff recommends the adoption of a Resolution to execute the Subordination Agreement and Amend the Project Deed of Trust. TESTIMONY: None ACTION: Motion by Sotelo-Solis, seconded by Rios, to approve staff recommendation. Carried by unanimous vote. 6 Book 95 / Page XX 12-17-2013 STAFF REPORTS HOUSING & GRANTS DEPT ADMIN (1104-1-9) 19. Enterprise Zone Program. (Housing, Grants & Asset Management) 19a. Police Chief Rodriguez reported on the success of the anti -shooting effort during New Year's festivities and plans to promote the Senior Volunteer Patrol Program. MAYOR AND CITY COUNCIL Vice Mayor Natividad extended Christma City Manager for the Holiday Breakfast. s ed to ';= one and thanked the Council Member Sotelo-Solis was ple";• with the discuss'®`'Mn the vehicle fleet, advised that she requested SANDAL. a e. ak- ondense• ®� entation on the State Early Release Proand its im • �� e South Bay s extended Holiday wished. Council Member Rios spoke ab new orthopedic su <.;usiness Sweetwater Foo and ribbon cutting for a ng the CIF Champion Council Member 'yo wish'everyon'`' erry Christmas. CL City A ADJOURN vents that took place over the last re was no Closed Session. Motion by Sotelo �� '`onded by Rios, to dispense with the Regular Meeting of Januarv.7, 2014 €`' adjourn the meeting to the Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City to be held Tuesday, January 21, 2013 at 6:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. The meeting closed at 10:10 p.m. �1 Book 95 / Page XX 12-17-2013 City Clerk The foregoing minutes were approved at the RMeeting of February 18, 2014. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 18, 2014 AGENDA ITEM NO.6F ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Fifth Amendment to the Agreement for Legal Services with the Successor Agency to the Community Development Commission as the National City Redevelopment Agency and Best Best & Krieger, LLP, for the Community Youth Athletic Center legal challenge defense to increase the not to exceed amount by $100,000 for a total not -to -exceed amount of $562,500. PREPARED BY: Claudia Gacitua Silva DEPARTMENT: PHONE: Ext. 4222 APPROVED BY: EXPLANATION: Please see attached staff report. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds are budgeted in Account 711-409-000-209-0000. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt proposed resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff report Fifth Amendment to the Agreement with BB&K for Legal Services Proposed resolution STAFF REPORT This matter is a result of the Community Youth Athletic Center ("CYAC") legal challenge to the 2007 Redevelopment Plan Amendment. In addition to the Plan Amendment challenge, the CYAC made other claims, including violations of the Public Records Act and due process. This lawsuit has been working its way through the legal system since the Fall of 2007. Judge Denton invalidated the 2007 Redevelopment Plan Amendment, found that the Public Records Act was not complied with when draft notes and consultant's documents were not provided, and found the CYAC was not provided due process because they did not have sufficient time to object to the plan amendment. The Court's award of attorney's fees totaling approximately two -million dollars ($2,000,000) was appealed to the 4th District Court of Appeals. The case remains on- going as it has been remanded to the trial court for further proceedings after appeal regarding the attorneys' fees, and the CYAC has petitioned for review to the California Supreme Court. The remand to the trial court to determine the amount of attorneys' fees, if any, in light of the reversal of the due process claims, as well as other factors of consideration, will take time. The original judge has retired. thus a new judge will need to become familiar with this case, including the weeklong trial, so that an appropriate review can occur of the attorneys' fees claimed. Accordingly, this will require an extensive amount of legal work to examine CYAC's attorney bills in light of the Court of Appeals ruling. Thus, continued legal representation remains necessary. Bruce Beach and Rebecca Andrews of Best Best & Krieger, LLP ("BB&K") have been our outside counsel in this case. Given the nature and length of the case, additional funds in the amount of $53,500 are needed for the on -going appeal. The City Council has previously approved the following: 1. Original Agreement for Legal Services in the amount of $160,000 (November 12, 2010). 2. First Amendment to the Agreement in the amount of $134,000 (October 18, 2011). 3. Second Amendment to the Agreement in the amount of $70,000 (May 15, 2012). 4. Third Amendment to the Agreement in the amount of $45,000 (October 30, 2012). 5. Fourth Amendment to the Agreement in the amount of 53,500 (September 17, 2013). This Fifth Amendment to the Agreement in the amount of $100,000 is necessary for the ongoing litigation, which will bring the total not -to -exceed amount to $562,500. The Fifth Amendment will also require the approval of the Oversight Board and State Department of Finance prior to becoming effective. FIFTH AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY, THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, AND BEST BEST & KRIEGER, LLP This Fifth Amendment to Agreement is entered into this 18th day of February, 2014, by and between THE CITY OF NATIONAL CITY, a municipal corporation, (the "CITY"), THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY, a public body, corporate and politic, (the "SUCCESSOR AGENCY"), and BEST BEST & KRIEGER, LLP, (the "FIRM"). RECITALS A. The CITY, the SUCCESSOR AGENCY and the FIRM (the "Parties") entered into an agreement on October 9, 2010, ("the Agreement") wherein the FIRM agreed to provide legal services in the defense of the case entitled Community Youth Athletic Association v. All Persons Interested in the Matter of the Amendment to National City's Redevelopment Plan as Adopted by Ordinance 2007-2295, Case No. 37-2007-00076404-CU-EI-CTL, in the amount of $160,000, and subject to the terms of the Agreement. B. The Parties entered into the First Amendment to the Agreement on October 18, 2011, (the "First Amendment") to increase the not -to -exceed amount of the Agreement by $134,000, for a total Agreement not -to -exceed amount of $294,000. C. The Parties entered into a Second Amendment on May 15, 2012 to increase the not -to -exceed amount by $70,000 for a total not -to -exceed amount of $364,000. D. The Parties entered into a Third Amendment on October 30, 2012 to increase the not -to - exceed amount of the Agreement by $45,000 for a total not -to -exceed amount of $409,000. E. The Parties entered into a Fourth Amendment on September 3, 2013 to increase the not -to - exceed amount of the Agreement by $53,500 for a total not -to -exceed amount of $462,500. F. The Parties desire to amend the Agreement to increase the not -to -exceed amount of the Agreement by $100,000 for a total not -to -exceed amount of $562,500. G. The case remains on -going as it has been remanded to the trial court for further proceedings after appeal, and CYAC has petitioned for review to the California Supreme Court, thus continued legal representation remains necessary. H. On February 1, 2012, all California redevelopment agencies were dissolved, successor agencies were established as successor agencies to the former redevelopment agencies Fifth Amendment to Agreement 2 National City, Successor Agency, and Best Best & Krieger, LLP pursuant to Health and Safety Code Section 34173, and successor agencies are tasked with paying, performing and enforcing the enforceable obligations of the former redevelopment agencies. I. This Fourth Amendment will require the approval of the Oversight Board to the Successor Agency and the California Department of Finance prior to being effective. NOW, THEREFORE, the Parties agree that the Agreement entered into on October 9, 2010, and amended on October 18, 2011, May 15, 2012, October 30, 2012, and September 3, 2013, shall be amended by amending Article 3 (Compensation), Section C of the Agreement by increasing the not -to -exceed amount by $100,000 for a total not -to -exceed amount of $562,500. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated October 9, 2010, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first above written. SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMLSSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY By: Ron Morrison, Chairman APPROVED AS TO FORM: By: Claudia Gacitua Silva Successor Agency Counsel CITY OF NATIONAL CITY BY: Ron Morrison, Mayor APPROVED AS TO FORM: By: Claudia Gacitua Silva City Attomey BEST, BEST, & KRIEGER, LLP By: 77R Bruce Beach, Esq. Fifth Amendment to Agreement 2 National City, Successor Agency, and Best Best & Krieger, LLP RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIFTH AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES BY BEST BEST & KRIEGER, LLP, FOR THE CYAC LEGAL CHALLENGE DEFENSE TO INCREASE THE NOT TO EXCEED AMOUNT BY $100,000 FOR A TOTAL AMOUNT OF $562,500 WHEREAS, on November 23, 2010, the City Council adopted Resolution No. 2010-254 approving an Agreement between the City of National City, the CDC, and Best Best & Krieger, LLP ("BB&K"), to provide legal defense services regarding the Community Youth Athletic Center ("CYAC") litigation in the not to exceed amount of $160,000; and WHEREAS, on October 18, 2011, the City Council adopted Resolution No. 2011-229 approving the First Amendment to the Agreement that increased the not to exceed amount by $134,000, bringing the total not to exceed amount to $294,000; and WHEREAS, on May 15, 2012, the City Council adopted Resolution No. 2012-105 authorizing the Second Amendment to the Agreement in the amount of $70,000 for the on -going appeal process, for a total not -to -exceed amount of $364,000; and WHEREAS, on October 30, 2012, the City Council adopted Resolution No. 2012- 220 authorizing the Third Amendment to the Agreement in the amount of $45,000 for the on- going appeal process, for a total not -to -exceed amount of $409,000; and WHEREAS, on September 17, 2014, the City Council adopted Resolution No. 2013-134 authorizing the Fourth Amendment to the Agreement in the amount of $53,500 for the on -going appeal process, for a total not -to -exceed amount of $462,500; and WHEREAS, this Fifth Amendment to the Agreement in the amount of $100,000 is necessary for the ongoing litigation, which will bring the total not -to -exceed amount to $562,500; and WHEREAS, the Fifth Amendment must also be approved by the Oversight Board and State Department of Finance prior to becoming effective. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Fifth Amendment to the Agreement with Best Best & Krieger, LLP ("BB&K"), to increase the not to exceed amount by $100,000, for a total not to exceed amount of $562,500, to cover legal services for the ongoing Community Youth Athletic Center ("CYAC") litigation. Said Fifth Amendment to the Agreement is on file in the office of the City Clerk. --- Signature Page to Follow --- Resolution No. 2014 — Page Two PASSED and ADOPTED this 18th 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 IEETING DATE: February 18, 2014 AGENDA ITEM NO. 7 ITEM TITLE: Resolution of the City Council of the City of National City approving and authorizing the Mayor to sign a Utility Agreement with the State of California Department of Transportation to relocate the City of National City eight inch (8") sewer main which crosses under Interstate 805 in order to accommodate the construction of additional freeway lanes PREPARED BY: Stephen Manganiello, City Engineer. PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: 1TTACHMENTS: 1. Explanation 2. Utility Agreement 3. Notice to Owner 4. Sewer Relocation Plans 5. Resolution EXPLANATION The State of California Department of Transportation (Caltrans) is currently constructing additional freeway lanes along Interstate 805 within National City, which will require the relocation of an eight inch (8") sewer main which crosses under the freeway between Grove Street and Newell Street. This sewer main was originally installed in about 1958 and services approximately twenty homes. The main runs from Grove Street down an embankment on the easterly side of the freeway at approximately 66% slope, bends forty-five degrees at the edge of the existing pavement where the slope becomes 3%, and then runs westerly under the freeway to Newell Street. Caltrans plans call for construction of a gravity wall along the edge of the freeway at the foot of the embankment. The depth of the wall footing will require relocation of the sewer main to provide appropriate clearance from the footing. Caltrans is requesting that the City enter into a Utility Agreement in order to allow Caltrans to perform the work necessary to relocate the sewer main, consistent with the attached sewer relocation plans. Caltrans will reimburse the City, on a time and materials basis, for plan reviews and inspections. The existing facilities are lawfully maintained in their present location and qualify for relocation at the State's expense under the provisions of Section 703 of the Streets and Highways Code. The construction period for the widening project through National City is estimated for July 2014 through June 2015. The sewer relocation will occur within this time period and residents will be notified well in advance via door hangers. Once the sewer has been relocated, service will be impacted for a period of up to 8 hours in order to complete the transfer. STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION UTILITY AGREEMENT RW 13-5 (REV 12/2012) Page 1 of 5 DISTRICT COUNTY SD ROUTE 805 POST MIT 9.5-10.3 PROJECT ID 111200216 EA 2T2501 FEDERAL PARTICIPATION N/A OWNER'S FILE NUMBER FEDERAL PARTICIPATION On the Project ❑ Yes ® No On the Utilities ❑ Yes IZ No Owner Payee Data No. VC0000023346 UTILITY AGREEMENT NO 33615 or Form STD 204 is attached ❑ DATE The State of California,- acting by and through the Department of Transportation, hereinafter called "STATE,''.proposes to - widen the outside lanes I -805, in San Diego County in National .City, from Grove Street overcrossing to Plaza Blvd undercrossing And NAME: City of National City ADDRESS: 1243 National City Blvd. National City. CA 91950 hereinafter called "OWNER," owns and maintains an 8 inch sewer line within the limits of STATE's project which requires relocation to accommodate STATE's project. It is hereby mutually agreed that: I. WORK TO BE DONE In accordance with Notice to Owner No.33615 dated 1/21/2014 STATE shall relocate OWNER's sewer line as shown on STATE's contract plans for the improvement of State Route 805, EA 2T2504 which by this reference are made a part hereof. OWNER hereby acknowledges review of STATE's plans for work and agrees to the construction in the manner proposed. Deviations from the plan described above initiated by either the STATE or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by the STATE and agreed to/acknowledged by the OWNER, will constitute an approved revision of the plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. OWNER shall have the right to inspect the work during construction. Upon completion of the work by STATE, OWNER agrees to accept ownership and maintenance of the constructed facilities and relinquishes to STATE ownership of the replaced facilities, except in the case of liability determined pursuant to Water Code 7034 or 7035. II. LIABILITY FOR WORK The existing facilities are lawfully maintained in their present location and qualify for relocation at STATE expense under the provisions of Section 703 of the Streets and Highways Code. III. PERFORMANCE OF WORK OWNER shall have access to all phases of the relocation work to be performed by STATE, as described in Section I above, for the purpose of inspection to ensure that the work is in accordance with the specifications contained in the Highway Construction Contract; however, all questions regarding the work being performed will be directed to STATE's Resident Engineer for their evaluation and final disposition. UTILITY AGREEMENT (cont.) Page 2 of 5 UTILITY AGREEMENT NO. 33615 rv. PAYMENT FOR WORK The STATE shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of five (5) copies of OWNER'S itemized bill, signed by a responsible official of OWNER'S organization and prepared on OWNER'S letterhead, complied on the basis of the actual and necessary cost and expense. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. The OWNER'S billing cost to the state is S10,000.00. It is understood and agreed that the STATE will not pay for any betterment or increase in capacity of OWNER'S facilities in the new location and that OWNER shall give credit to the STATE for the salvage value of any materials or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills for costs incurred not to exceed OWNER's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by STATE of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a final bill to the STATE within 360 days after the completion of the. work described in Section I above. If the STATE has not received a final bill within 360 days after notification of completion of Owner's work described in Section I of this Agreement, and STATE has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements, if required for OWNER's facilities, STATE will provide written notification to OWNER of its intent to close its file within 30 days and OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If the STATE processes a final bill for payment more than 360 days after notification of completion of OWNER'S work, payment of the late bill may be subject to allocation and/or approval by the California Transportation Commission. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided fori this Agreement, and less any amounts covered by progress billings. However, the STA lE shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by STATE. Except, if the final bill exceeds the OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by the California Transportation Commission. In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER's final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of STATE. Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the final payment and will be available for audit by State and or Federal auditors. OWNER agrees to comply. with Contract Cost Principles and procedures as set forth in 48 CFR, Chapter I, Part 31, et seq., 23 CFR, Chapter 1, Part 645. If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse STATE upon receipt of STATE billing. V. GENERAL CONDITIONS All costs accrued by OWNER as a result of STATE's request of July 25, 2013 to review, study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. If STATE's project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, STATE will notify OWNER in writing and STATE reserves the right to terminate this Agreement by Amendment. The Amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. -2- UTILITY AGREEMENT (cont.) Page 3 of 5 UTILITY AGREEMENT NO. 33615 GENERAL CONDITIONS (Continued) All obligations of STA!'h under the terms of this Agreement are subject to the passage of the annual Budget Act by the State Legislature and the allocation of those funds by the California Transportation Commission. OWNER shall submit a Notice of Completion to the STAFF, within 30 days of the completion of the work described herein. 1t is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated into this Agreement. In addition, the provisions of 23 CFR 635.410, BA, are also incorporated into this agreement. The BA requirements are further specified in Moving Ahead for Progress in the 21' Century (MAP-21), section 1518;23 CFR 635.410 requires that all manufacturing processes have occurred in the United States for. steel and iron products (including the application of coatings) installed on a project receiving funding from the FHWA. 2 UTILITY AGREEMENT (cont.) Page 4 of 5 UTILITY AGREEMENT NO. 33615 IN WITNESS WHEREOF, the above parties have executed this Agreement the day and year above written. STA 1'h: DEPAR By Name G' . G U 1'lb Title tility ' eloeation Branch Right of Way Division NT OF RANSPORTATION OWNER: CITY OF NATIONAL CITY APPROVAL RECOMMENDED: F By Le, Y4-0-'-i!Y l Name Kinze Monololo Title Utility Coordinator Right of Way ate By Name Title By Name Title Date Date THIS AGREEMENT SHALL NOT BE EXECUTED BY THE STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION UNTIL FUNDS ARE CERTIFIED. DO NOT WRITE BELOW - FOR ACCOUNTING PURPOSES ONLY PLANNING AND MANAGEMENT TO COMPLETE UNSHADED FIELDS: UTILITY COMPLETES: 7 „ at® : DOCUMENT NUMBER S DIST UNIT CHG DIST PROJECT ID PHASE SPECIAL DESIGNATION FFY FA OBJ CODE DOLLAR AMOUNT UAb3341S It 237 1l 1I1a.6170a4V 9 933(4.IS 14. 1 O5t/,J $/D,bDb.ai UA `;- PROJECT ID FUNDING VERIFIED: Sign:> Pri Joey York -hi,� R/W Planning and Management I•IG /4- Date REVIEW/REQUEST FUNDING: Sign> Print> Kinze Monololo Utility Coordinator Date THE ESTIMATED COST TO STATE FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $ 18.000.00 . CERTIFICATION OF FUNDS I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure shown here. Planning and Management Date ITEM CHAP STAT F AMOUNT 40. 6 Q .2013 /3(� 16,6N . ab Distribution: 2 or'ginals to R/W Accounting 1 original to Utility Owner 1 original to Utility File FUND TYPE PROJECT ID AMOUNT Design Funds $ Construction Funds 2T2504 $ 8,000.00 RW Funds 2T2509 $ 10,000.00 Vendor/Customer: (I.?-L5V VC 0000023346 Address ID: AD001 -4- STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION NOTICE TO OWNER RW 13-4 (Rev. 9/96) PAGE 1 OF 1 NOTICE TO OWNER Number 33615 To: City of National City 1243 National City Blvd National City, CA 91950 Attn: Charles Nissley Dist. County Route PM E.A. 11 SD 805 9.5-10.3 2T2501 Project ID: 111200216 Federal Aid No.: N/A Owners File: City of National City Date: January 21, 2014 Freeway: [ x ] Yes [ ] No Because of the State Highway construction project: On I -805, in San Diego County in National City, from Grove Street overcrossing to Plaza Blvd undercrossing. Which affects your facilities: Existing 8inch sewer facilities, which are within the limits of the State's proposed construction project. You are hereby ordered to: Relocate sewer facilities as shown on Caltrans plan sheets: Sanitary Sewer Details SSD-1, Sanitary Sewer Details SSD-2, Sanitary Sewer Quantities SSQ-1, and Sanitary Sewer Plan SS-1. Your work schedule shall be as follows: The relocation work is to be completed by State's contractor as listed in the Special Provisions in accordance with the Construction Contract 2T2501. Notify Simon Tse Caltrans Utility Inspector at telephone number (619) 688-6474 48 hours prior to initial start of work, and 24 hours prior to subsequent restart when your work schedule is interrupted. Liability for the cost of the work is: 100% STATE expense and 0')/0 OWNER expense based on section 703 of Street and Highways Code. CC: Resident Engineer Permits R/W Laurie Berman DISTRICT DIRECTOR Kim Smi ACTING D RIGHT OF By Gre t utierre DIS CT UTIL ° COORD i ATOR T DIRECTOR THIS NOTICE DOES NOT CONSTITUTE A PERMIT. OBTAIN AN ENCROACHMENT PERMIT BEFORE STARTING WORK. FUNCTIONAL SUPERVISOR 8" ECCENTRIC ADAPTER (VCP TO PVC) SPIGOT END TO FIT PVC), ID. 1 SAWCUT Ex16t 8" VCP Exist 8" VCP -\ 7 WITH Conc ENCASEMENT Ex 8t Coro ENCASEMENT Typ I 4 PLAN 44 REBAR AT SAWCUT LINE ONLY II" PVC SEWER MINOR CONCRETE SEE NOTE 1 6" Min Typ 8" PVC SEWER 8" ECCENTRIC ADAPTER (VCP TO PVC) SPIGOT END TO FIT CP ID. 6" Mln Typ *4 REBAR DOWELS AT SAWCUT LINE ONLY Typ Conn BLOCK, 5' ON CENTER ALONG PIPE SECTION A -A CONCRETE ENCASEMENT 1. PRIOR TO CONCRETE ENCASEMENT WRAP 8" PVC SEWER WITH POLYETHYLENE PLASTIC SHEETING WITH MINIMUM 12" OVERLAP. DSnNNE =5 m l me 4' c 2D Dot VOIMIY MRE 412J.1.11., 1II"F16THDEET6 11 SD 805 9.5/10.3 1/^� �,� 12-11-13 REDIE p 4'ML EKiNFER 0AYE PLNN6 ARPWVVAL DATE 1!( SWI• 6 LM6dMA 41P /IN Rl/ILS!S /4EA'/5 WAIL MI I. Y.CVOITAI [ sAI CONES 04 MT MAN 9.EE1. CH2N HILL 402 W. BROAOWAY, SUITE 1450 SAN 0IE00, CA 92101 SEE ROADWAY STRUCTURE SECTION PER PLAN & PROFILE METALLIC IDENTIFICATION TAPE SEE NOTE 2 9'4" MAX CRUSHED ROCK UNLESS OTHERWISE SPECIFIED NOTES: 1. NW = 12" Mln FOR SLURRY CEMENT RACKFILL 6" Mtn FOR CONCRETE ENCASEMENT. 2. PRIOR TO CONCRETE ENCASEMENT WRAP 8" PVC SEWER WITH POLYETHYLENE PLASTIC SHEETING WITH MINIMUM 12" OVERLAP. PIPE BEDDING AND TRENCH BACKFILL APPROVED FOR SEVER WORK ONL Y pn ETrvr Mwnrw cn.I0 SANITARY SEWER DETAILS NO SCALE SSD-1 F 2 CONSULTANT FUNCTIONAL SUPERVISOR STATE Cf CALIFORNIA BEARING AREA MINOR Conn 12" PLAN VIEW TABLE I MINIMUM BEARIN ANGLE OF PIPE BEND PIPE TEES 90" 45" 22-1/2" SIZE BEND BEND BEND 8" 12 16 9 4.5 BN1TFc• 1. HEIGHT. VEILARINDABEA 2 WIDTH.M 2 x HEIGHT 2. BEARING AREA. BASED ON SOIL BEARING VALUE OF 1500 pet AND 225 pe1 LINE PRESSURE AND A MINIMUM OF 36" COVER. 3. ALL THRUST BLOCKS MUST BE PLACED AGAINST UNDISTURBED SOIL. 4. A MINIMUM OF 8 INCHES OF CONCRETE MUST BE PLACED ON VIRGIN OR COMPACTED SOIL BENEATH EACH INSTALLATION. 5. THRUST BLOCKS MUST RE CENTERED ON THE FITTING 50 THAT THE BEARING AREA IS EXACTLY OPPOSITE THE RESULTANT DIRECTION OF THRUST. 6. CONCRETE MUST BE PLACED 50 THAT FITTINGS WILL BE ACCESSIBLE FOR REPAIR OR REPLACEMENT. THRUST BLOCK 12" In 18" Mox 8" PVC SEWER Ur; 4 0 6" EACH WAY CONCRETE POURED 8" PVC SEWER AGAINST TRENCH FINISH GRADE FRONTTELEVATION WALL SECTION PLAN yi' EXPANSION JOINT MATERIAL OR JUTE AROUND PIPE. 04 AT 6", EA WAY 3" MIn Clr 6" Min 2" Min CUTOFF WALL APPROVED FOR SERER WORK ONLY ( USEIMAIE .>e"Imel I Aso error "nnnra ccu r 2 3 12".min 18" Max 10' C-C FINISH GRADE „I I 8" Min 8" PVC SEWER TRENCH BOTTOM NOR CONCRETE (Typ) SIDE ELEVATION CO MIY SD IIDIITE 805 TAM. ECT 9.5/10.3 H". SHEETS CH2H HILL 402 W. BROADWAY. SUITE 1450 SAN DIEGO, CA 92101 SANITARY SEWER DETAILS NO SCALE SSD-2 STATE CF CALIFORNIA - DEPABTRENT OF TRANSPORTATION CONSULTANT FUNCTIONAL SUPERVISOR HANY HAROUN CALCULATED — DESIGNED BY EOELYNE MIGUEL REVISED BY CHECKED BY ULYSSES FANDIND DATE REVISED N) HOT A SEPARATE PAY ITEM, FOR INFORMATION ONL uR PEWS. I MAN PI MITT .) •4Aev_fot. O rr H SEWER PLAN T SHEET No. gg N "N'q^ 1RUBBERSRIN4 JOINT) - - ' 8" PVC 45' SWEEP (N) - -y 8'I COUPLING —m q(N) (VCP TO PVC) ADAPTER 3 t- METALLIC TAPE (N) -< (SEWEERCEENNCASEMENT) 7. n MINOR CONCRETE " .-c (CUTOFF WALL) - o MINOR CONCRETE ', (THRUST BLOCK) 4Conc r - REMOVE 8" VCP AND ENCASEMENT w eT REMOVE 8" VCP ' 's REMOVE THRUST BLOCK (N) - REMOVE CUTOFF WALL (N) SEWER PLAN 1 SHEET No. co z w m m D z m CA 1,2 ULYSSES FANOINO as CONSULTANT FUNCTIONAL SUPERVISOR GENERA 1. FOR ACCURATE RIGHT OF WAY DATA CONTACT RIGHT' OF WAY ENGINEERING AT THE DISTRICT OFFICE. MANHOLE DATA No. LOCATION DEPTH 82 NEWELL St 210'Lt "A" 542+70.64 GROVE St 226' Rt "A" 542+70.64 t-•I----Q� 1 _ iV 24" SO- 24" SO `}SB NEWELt 5t "SSt75.24 LINE 5 LINE 549+4)000 2+70.64 P0� BEGIN SAWCUT o PHS".ga06 67 8" VCP SEWER -__-_ 8. 1 P SEWER4 _._._ 545 ;..-. 6_ BA 1 N PROPOSED 24" S0, /-' SAWCUT 1 SEE' DRAINAGE PLANS -. A-- w- { 8" PVC SEWER e" VCP SEWER 55 ECT N 77°32'02" E / V 22nd St PeC OC CONNTOea" VCP SEWER 18" SO IbROVE PLAN SCALE: 1" = 50' {0n1= ONO. W NTY ROBE -n? 1111101.IELT 11 I SO I 805 I 9.5/10.3 12-11 13 RE n REO VEL ER6nIEER DATE PLANE APPROVAL DATE 0500 cvaanl a nr arnvu a /21A22 xw[[ IV) E. 91000tt la .1070/0' a elnfmETS O' .0.00(0 GNU HILL 402 N. BROADWAY, SUITE 1450 SAN DIEGO, CA 92101 ABBREVIATIONS: OSHA OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION PH HOL SDR �NDARD DIMENSION RATIO POTHOLE DA No. NORTHING EASTING OG Elev DEPTH 0 1824212.49 6305991.76 80.47 4.46' © 1829217.63 6306009.15 81.12 1.16' 100 NOTE: CONTRAN CTOR ELEVATION IS NE XEXACT LOCATION OF EXISTING SEWER LINE. 90 STATE OF CALIFORNIA 1 t 80 TO STATION PROFILE SCALE:Hor1z 1" = 5' Vert 1" = 5' —OG —SAW "55" 0+02.00 SAWCUT 8" VCP AND Cone 'ENCASEMENT "S5" 0+02.00 (74.713) Inv CONNECT TO 8" VCP SEWER WITH ECCENTRIC- ADAPTER - SEE DETAIL ON SHEET SSD-1 • APPROVED TOP SEWER MbgK ONLY Cone BARRIER, SEE LAYOUT PLANS —PAVEMENT SEE LAYOUT PLANS FG R ' 24.60' Cone ;ENCASE 75. 1 S5 Inv REMOVE 8" VFP AND Cone ENCASEMENT REMOVE 8"-VCP' CUTOFF WALL SS" 0+46.50± (93.69i) Inv ....CONNECT TO.B". VCP_SEWER-.WITH 8'I COUPLING (VCP TO PVC) INSTALL 15° DENO CUTOFF WALL •CONS SS"RUCT345 CUIOFF WALL ' SEE DETAIL 0N. SWEET SSD-2 REMOVE. CUTOFF _WALL 8" PVC SEWER 6.4p4 IInv 155.55 Inv 85 INSTALL 45'- SWEEP cYr 0400 +10 +20 *30 I U51011404 e)a,IRlal I RCIATIK RM1nrP [CA, SS SANITARY SEWER PLAN SS-1 +40 0+50 +60 100 90 80 70 TOTAL RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A UTILITY AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION TO RELOCATE THE CITY OF NATIONAL CITY'S EIGHT -INCH (8") SEWER MAIN THAT CROSSES UNDER INTERSTATE 805 IN ORDER TO ACCOMMODATE THE CONSTRUCTION OF ADDITIONAL FREEWAY LANES WHEREAS, California Department of Transportation ("Caltrans") is currently constructing additional freeway lanes along Interstate 805 within National City, which will require the relocation of an eight -inch (8") sewer main that crosses under the freeway between Grove Street and Newell Street; and WHEREAS, the sewer main, which was originally installed in about 1958, services approximately twenty homes and runs from Grove Street down an embankment on the easterly side of the freeway and then runs westerly under the freeway to Newell Street; and WHEREAS, Caltrans' plans call for construction of a gravity wall along the edge of the freeway at the foot of the embankment that will require relocation of the sewer main to provide appropriate clearance from the footing; and WHEREAS, by entering into a Utility Agreement, Caltrans will be allowed to perform the work necessary to relocate the sewer main, and Caltrans will reimburse the City, on a time and materials basis, for plan reviews and inspections. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Utility Agreement with the State of California Department of Transportation to relocate the City of National City's eight -inch (8") sewer main that crosses under Interstate 805 in order to accommodate the construction of additional freeway lanes. Said Utility Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 18th 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 18, 2014 AGENDA ITEM NO. 0 ITEM TITLE: Warrant Register #29 for the period of 1/8/14 through 1/14/14 in the amount of $503,544.35. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Finan9e 619-336-43311 APPROVED BY: GI EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 1/8/14 through 1/14/14. In accordance with Finance Department policy, below is an explanation of all warrants above $50,000.00. Vendor Check Amount Explanation SDG&E 310586 83,293.80 Facilities Gas & Electric State of California 310597 65,532.91 WC Claim Costs FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $503,544.35. APPROVED:'" Finance 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 $503,544.35. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #29 PAYEE AMAZON BRODART CO EBSCO ACCTS RECEIVABLE SPRINT EDCO DISPOSAL CORPORATION NBS OPPER & VARCO LLP SDG&E AFLAC AFNI INS ALDEMCO ALEXANDER'S LEGAL SEMINARS ALL FRESH PRODUCTS ALLIANCE SAN DIEGO AQCS ENVIRONMENTAL ARCO GASPRO PLUS AT&T MCI ATKINS NORTH AMERICA INC 'STIN DOORS 3 RENTALS BLACKIE'S TROPHIES AND AWARDS BOOT WORLD BOYS & GIRLS CLUB BOYS & GIRLS CLUB BOYS & GIRLS CLUB BOYS & GIRLS CLUB BOYS & GIRLS CLUB BPI PLUMBING CA PROPERTY SPECIALISTS INC CAHA CHILDREN'S HOSPITAL CINTAS DOCUMENT MANAGEMENT CLEAN HARBORS CNCA CNCA COOPER'S PLUMBING & HEATING COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS DANIELS TIRE SERVICE DATA TICKET INC DELTA DENTAL INSURANCE CO -ISCOUNT SPECIALTY CHEMICALS 'SION 8 INCORPORATED _..EW FORD HYUNDAI DURON, C ECOLAB EDWARDS PHILLIPS & ASSICIATES FABRICATION TECHNOLOGIES FASTENAL WARRANT REGISTER # 29 1/14/2014 DESCRIPTION BOOKS - LIBRARY BOOKS -LIBRARY PERIODICALS AND SUBSCRIPTIONS / LIBRARY VIDEO CONFERENCING, LONG DISTANCE WASTE DISPOSAL SERVICES / S A LANDSCAPE MAINTENANCE DISTRICT LEGAL / ED VILLAGE/GENERAL / S A GAS AND ELECTRIC UTILITIES / S A AFLAC ACCT BDM36 - JAN 2014 LIABILITY CLAIM COSTS FOOD CONSUMABLES/NON CONSUMABLES CIVIL LITIGATION MANUAL FOOD / NUTRITION CENTER ALL PEOPLES CELEBRATION CONSULTING SVCS, HAZ MAT FUEL ATT PHONE SERVICE / 11/13/13-12/12/13 SEWER BILL/TAX ROLL PREPARATION DOOR, ROLL -UP DOORS, GATES RENTAL STUMP GRINDER HYDRAULIC 252 MOP 67727 METAL NAME TAG - PD MOP 64096 WEARING APPAREL ANNUAL DINNER 2014 ANNUAL DINNER 2014 ANNUAL DINNER 2014 ANNUAL DINNER 2014 ANNUAL DINNER 2014 PLUMBING SERVICE, REPAIR PROFESSIONAL SERVICES ANNUAL MEMBERSHIP CHILD ABUSE EXAMS / POLICE MONTHLY SHREDDING / POLICE HAZARDOUS WASTE PICKUP TUITION: CA NARCOTIC CANINE ASSOC TUITION: CA NARCOTIC CANINE ASSOC PLUMBING SERVICES, REPAIRS RCS SYSTEM MAINTENANCE / DEC 2013 MAIL PROCESSING SERVICES / OCT 2013 COX COMMUNICATIONS / DEC 2013 MOP 76986 TIRES CITATION PROCESSING / NOV 2013 COBRA DENTAL INS / NOV 2013 LUSTER/SUDS/DISH WASHING LIQUID GLASS/WINDOW REPLACEMENT MOP 49078 AUTO PARTS ED REIMBURSEMENT DISHWASHER SUPPLIES/SUNSHINE MEALS LIABILITY CLAIM COSTS DEPOSIT REFUND/2200 HAFFLEY AVE/ 90035 2"X8' TUFF EDGE EE2 1/3 CHK NO DATE AMOUNT 310496 1/14/14 1,066.04 310497 1/14/14 525.55 310498 1/14/14 5,445.61 310499 1/14/14 11.46 310500 1/14/14 110.23 310501 1/14/14 829.17 310502 1/14/14 227.50 310503 1/14/14 280.59 310504 1/14/14 856.84 310505 1/14/14 4,580.77 310506 1/14/14 4,707.34 310507 1/14/14 47.04 310508 1/14/14 802.10 310509 1/14/14 50.00 310510 1/14/14 1,720.00 310511 1/14/14 32,530.28 310512 1/14/14 7,436.01 310513 1/14/14 9,349.00 310514 1/14/14 587.29 310515 1/14/14 2,613.60 310516 1/14/14 51.84 310517 1/14/14 483.25 310518 1/14/14 50.00 310519 1/14/14 50.00 310520 1/14/14 50.00 310521 1/14/14 50.00 310522 1/14/14 50.00 310523 1/14/14 726.94 310524 1/14/14 661.25 310525 1/14/14 900.00 310526 1/14/14 1,507.00 310527 1/14/14 92.95 310528 1/14/14 230.00 310529 1/14/14 345.00 310530 1/14/14 325.00 310531 1/14/14 320.00 310532 1/14/14 7,526.00 310533 1/14/14 2,692.91 310534 1/14/14 108.82 310535 1/14/14 1,037.38 310536 1/14/14 6,664.45 310537 1/14/14 71.03 310538 1/14/14 387.61 310539 1/14/14 4,070.00 310540 1/14/14 56.10 310541 1/14/14 623.47 310542 1/14/14 503.29 310543 1/14/14 560.00 310544 1/14/14 15,000.00 310545 1/14/14 136.68 PAYEE FELLOWS, M FERGUSON ENTERPRISES INC FON-JON KENNELS GOODYEAR TIRE & RUBBER COMPANY GOVCONNECTION, INC. GOVPARTNER HDL COREN & CONE HEALTH & HUMAN RSRC CNTR HEALTH NET HEALTH NET HEALTH NET HUNTERS NURSERY INC HYDRO SCAPE PRODUCTS INC IACP MEMBERSHIP IRON MOUNTAIN JJJ ENTERPRISES KAISER FOUNDATION HEALTH PLANS LEFORTS SMALL ENGINE REPAIR MASON'S SAW & METRO AUTO PARTS DISTRIBUTOR METRO FIRE & SAFETY MUNICIPAL CODE CORPORATION NAPA AUTO PARTS NATIONAL TRAINING CONCEPTS NUTTALL, M ORKIN PEST CONTROL PACIFIC TELEMANAGEMENT SERVICE PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY QUIROGA, R RELIANCE STANDARD S D COUNTY SHERIFF'S DEPT SAN DIEGO DAILY TRANSCRIPT SAN DIEGO MIRAMAR COLLEGE SAN DIEGO PET & LAB SUPPLY SAN DIEGO REGIONAL SAN DIEGO STATE UNIVERSITY SDG&E SEAPORT MEAT COMPANY SMART & FINAL SMART SOURCE OF CA LLC SOUTH BAY FENCE INC. SOUTH BAY MOTORSPORTS SOUTHERN CALIF TRUCK STOP SOUTHWEST SIGNAL SERVICE SPARKLETTS STAPLES ADVANTAGE WARRANT REGISTER # 29 1/14/2014 DESCRIPTION ED REIMBURSEMENT MOP 45723 SEWER PIPES & MATERIAL KENNEL FEES FOR POLICE K9'S TIRES ITEM #13665589, MANUF #AA-DPONE2B/US GOVPARTNER(CDP) PERMIT TRACKING AUDIT SVC PROPERTY TAX 2012-13 UNSECURED EMPLOYEE ASST PROGRAM FULL NETWORK 57135A - JAN 2014 MEDICAL INS FOR JAN 2014 INS N5992A - JANUARY 2014 MOP 45719 HORTICULTURAL ITEMS MOP 45720 PIPES, VAVLES & FITTINGS MEMBERSHIP - CHIEF RODRIGUEZ RECORDS MGMNT/DOCUMENT STORAGE ALARM MONITORING RETIREES INS - COBRA NOV 2013 FUEL TANK MOP 45729 SMALL TOOLS MOP 75943 FIRE EXTINUGISHER, SYSTEM MUNICIPAL CODE SUPPLEMENT #40 MOP 45735 AUTO PARTS TUITION: CRITICAL INCIDENT MGMNT FOR PAT SUBSISTENCE - CA NARCOTIC CANINE ASSOC PEST MAINTENANCE PACIFIC TELEMANAGEMENT PAYPHONE MOP 45703 R&M AUTO EQUIPMENT PC21505 BATTERIES MOP 45707 MATERIALS & SUPPLIES KNIFE SHARPENING SERVICES FOR NUTRITION MOP 45742 LAUNDRY SERVICE SUBSISTENCE - CA NARCOTIC CANINE ASSOC VOLUNTARY LIFE INS - JAN 2014 CAL -ID COSTS / JUL 1, 2013 - DEC 31, 201 SPEC #13-06, 1726 WILSON AVE TUITION: FIELD TRAINING OFFICER UPDATE MOP 45753 K9 FOOD TUITION - RECORDS CLERK COURSE CONTRACT SERVICES STREET GAS & ELECTRIC FOOD / NUTRITION MOP 45756 MISC SUPPLIES - PD VEHICLE / VIDEO MACHINE DECALS FENCE INSTALLATION & REPAIRS R&M CITY VEHICLES MOP 45758 GAS TRAFFIC SIGNAL & STREET LIGHTING SPARKLETTS WATER/DELIVERY FOR NUTRITION MOP 45704. OFFICE SUPPLIES / CITY CLERK 2/3 CHK NO DATE AMOUNT 310546 1/14/14 1,200.00 310547 1/14/14 297.56 310548 1/14/14 274.00 310549 1/14/14 907.98 310550 1/14/14 2,016.68 310551 1/14/14 44,000.00 310552 1/14/14 7,657.38 310553 1/14/14 733.90 310554 1/14/14 4,481.65 310555 1/14/14 1,528.85 310556 1/14/14 525.07 310557 1/14/14 372.60 310558 1/14/14 180.08 310559 1/14/14 120.00 310560 1/14/14 148.00 310561 1/14/14 1,200.00 310562 1/14/14 919.72 310563 1/14/14 74.26 310564 1/14/14 1, 310565 1/14/14 310566 1/14/14 170.00 310567 1/14/14 1,493.00 310568 1/14/14 52.07 310569 1/14/14 88.00 310570 1/14/14 624.00 310571 1/14/14 375.73 310572 1/14/14 228.00 310573 1/14/14 47.73 310574 1/14/14 3,075.51 310575 1/14/14 1,070.17 310576 1/14/14 46.00 310577 1/14/14 529.23 310578 1/14/14 624.00 310579 1/14/14 2,803.27 310580 1/14/14 8,745.00 310581 1/14/14 632.60 310582 1/14/14 92.00 310583 1/14/14 268.85 310584 1/14/14 463.00 310585 1/14/14 5,000.00 310586 1/14/14 83,293.80 310587 1/14/14 1,101.53 310588 1/14/14 1107 310589 1/14/14 1,E 310590 1/14114 310591 1/14/14 1,340.95 310592 1/14/14 113.80 310593 1/14/14 22,349.70 310594 1/14/14 13.74 310595 1/14/14 71.61 PAYEE STARTECH COMPUTERS STATE OF CALIFORNIA SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO THE CENTRE FOR ORGANIZATION THE COOLING STORE THOMSON WEST TIERRA WEST ADVISORS INC TODD PIPE & SUPPLY LLC U S BANK U S HEALTHWORKS U S HEALTHWORKS UAAMAC UAAMAC UAAMAC UAAMAC UNDERGROUND SERVICE ALERT 'ION TRIBUNE ON TRIBUNE PUB CO UNITED ROTARY BRUSH VALLEY POWER SYSTEMS INC VERIZON WIRELESS VERIZON WIRELESS GRAINGER WALTERS, W WEBGIS SOLUTIONS WESTFLEX INDUSTRIAL WIRED PAYMENTS TRISTAR RISK MANAGEMENT TRISTAR RISK MANAGEMENT WARRANT REGISTER # 29 1/14/2014 DESCRIPTION MOP / COMPUTER EQUIPMENT / MIS WC CLAIM COSTS TACK OIL PARKS - WATER METER INSTALLATION FOOD & CONSUMABLES EXEC WORKSHOP LABOR, INSPECTION & REPAIRS AC SYSTEM ON LINE LEGAL RESEARCH PROFESSIONAL SERVICES / NOV 2013 PLUMBING MATERIALS, PARTS, SUPPLIES CREDIT CARD PAYMENT MEDICAL SERVICES MEDICAL SERVICES 19TH ANNUAL COMMUNITY BREAKFAST 19TH ANNUAL COMMUNITY BREAKFAST 19TH ANNUAL COMMUNITY BREAKFAST 19TH ANNUAL COMMUNITY BREAKFAST UNDERGROUND SERVICE ALERT CHARGES LEGAL NOTICES ADVERTISING PUBLIC NOTICING/PLANNING COMMISSION STREET SWEEPER REPAIRS LABOR, TRANSMISSION FLUID SERVICE VERIZON CELL SERVICE / 11/22/13-12/21/13 PHONE SERVICE / 11/24/13-12/23/13 MOP 65179 BUILDING MATERIAL REIMBURSEMENT -EDUCATIONAL CONTRACT SERVICES MOP 63850 AUTO PARTS DEC 2013 WC REPLENISHMENT IMPREST INCREASE TO $125,000.00 GRAND TOTAL 3/3 CHK NO DATE, AMOUNT 310596 1/14/14 956.93 310597 1/14/14 65,532.91 310598 1/14/14 103.36 310599 1/14/14 3,263.78 310600 1/14/14 1,551.71 310601 1/14/14 4,414.00 310602 1/14/14 523.17 310603 1/14/14 759.92 310604 1/14/14 1,706.25 310605 1/14/14 1,597.01 310606 1/14/14 726.77 310607 1/14/14 386.00 310608 1/14/14 214.00 310609 1/14/14 50.00 310610 1/14/14 50.00 310611 1/14/14 50.00 310612 1/14/14 50.00 310613 1/14/14 115.50 310614 1/14/14 528.40 310615 1/14/14 814.00 310616 1/14/14 617.80 310617 1/14/14 590.78 310618 1/14/14 6,432.78 310619 1/14/14 506.72 310620 1/14/14 167.96 310621 1/14/14 272.39 310622 1/14/14 3,800.00 310623 1/14/14 70.21 A/P Total 420,321.86 228406 1/13/14 50,222.49 228428 1/13/14 33,000.00 $ 503,544.35 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. L-4// ktljA5t- MARK ROBERTS, F ANCE 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 18th OF FEBRUARY, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 18, 2014 AGENDA ITEM NO. ITEM TITLE: Warrant Register #30 for the period of 1/15/14 through 1/21/14 in the amount of $1,416,855.17. (Finance) PREPARED BY: K. Apalategui. DEPARTMENT: �i PHONE: 1619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 1/15/14 through 1/21/14. In accordance with Finance Department policy, below is an explanation of all warrants above $50,000.00. Vendor Check Amount Explanation Pal Engineering 310662 258,902.65 8th Street Smart Growth Revitalization Project Ramona Paving 310671 86,891.75 8th Street Safety Enhancements FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $1,416,855.17. 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 $1,416,855.17. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register #30 PAYEE MONTERROSA, E ACE UNIFORMS & ACCESSORIES INC ALTURAS IMPERIAL BECERRIL, 0 BROADWAY AUTO GLASS BUCKNAM INFRASTRUCTURE GRP INC BUREAU VERITAS N AMERICA INC CHICKS ELECTRIC MOTOR INC CITY OF NATIONAL CITY DALEY & HEFT LLP DALEY & HEFT LLP D-MAX ENGINEERING ESPINOZA, R ESPIRITU, D FASTENAL FLEETPRIDE GRAINGER HANDY METAL MART INC ' NSON AGGREGATES PACIFIC 2RIS & ASSOCIATES INC HONEYWELL INTERNATIONAL INC KAISER FOUNDATION HEALTH PLANS KIMLEY HORN AND ASSOC INC KNOX ATTORNEY SERVICE INC KNOX ATTORNEY SERVICE INC KOCH ARMSTRONG GENERAL ENGR LASER SAVER INC LOPEZ, T LUNT, D MATTHEW BENDER & CO INC MATUTE, M MAYER REPROGRAPHICS MCDOUGAL LOVE ECKIS METRO FIRE & SAFETY MEYERS NAVE NATIONAL CITY ROTARY CLUB NEXUS IS INC NINYO & MOORE PAL GENERAL ENGINEERING INC PALACIOS CUSTOM IRON WORKS PDR PMW ASSOCIATES SRO BUILD 1JECT PROFESSIONALS CORP .JDENTIAL OVERALL SUPPLY R J SAFETY SUPPLY RACHEL VALDEZ AND CO PAYEE RAMONA PAVING RAUCH DETISCH & STEINKE RBF CONSULTING 1/2 WARRANT REGISTER #30 1/21/2014 DESCRIPTION CHK NO DATE AMOUNT PAYROLL REPLACEMENT CHECK 310624 1/21/14 385.89 1285 PANTS, TRU SPEC OD GREEN 310625 1/21/14 479.60 REFUND OF PERMIT #70455 310626 1/21/14 4,389.00 LICENSE REIMBURSEMENT 310627 1/21/14 70.00 RIGHT SIDE - REGULATOR 310628 1/21/14 584.90 PAVEMENT MANAGEMENT SYSTEM 310629 1/21/14 500.00 PEDESTRIAN CROSSING 310630 1/21/14 14,670.00 FASCO MOTOR 1/10-1/12-1/15 HP, 310631 1/21/14 207.95 AQUATIC CENTER 310632 1/21/14 2,124.00 LIABILITY CLAIM COSTS 310633 1/21/14 9,006.74 LIABILITY CLAIM COSTS 310634 1/21/14 3,953.18 STORM WATER SERVICES 310635 1/21/14 12,813.28 REFUND OF PERMIT#71863 310636 1/21/14 33.20 SUBSISTENCE: POLICE BUDGET 310637 1/21/14 384.00 KLIK-RIVNUT A/THRDSERT 310638 1/21/14 55.73 NEW NEW-LP3 TYPE LOW PRESSURE 310639 1/21/14 92.45 MOP 65179 CPR MOUTHPIECE - FIRE 310640 1/21/14 308.83 PA ANGLE / PW 310641 1/21/14 38.03 CLASS II BASE 3/4" 310642 1/21/14 423.19 ADA ENHANCEMENTS, HIGHLAND AVE 310643 1/21/14 5,060.00 LABOR, 23 HRS, CHECK SYSTEM, 310644 1/21/14 3,415.34 RETIREES INS DEC 2014 GRP#104220-03 310645 1/21/14 1,797.09 PUBLIC WORKS RELOCATION 310646 1/21/14 27,356.78 ADLER FILING - PROOF OF SERVICE 310647 1/21/14 15.75 SHELL PITCHESS FILING ON DEC 20, 2013 310648 1/21/14 15.75 RETENTION, CITYWIDE PEDESTRIAN CROSSING 310649 1/21/14 42,990.44 MOP 45725 INK CARTRIDGE - PD 310650 1/21/14 464.13 TRANSLATION SERVICES 310651 1/21/14 210.00 REIMB - CAPPO CONFERENCE 310652 1/21/14 165.01 CA PUBLIC SECTOR LABOR RELATIONS 310653 1/21/14 992.87 REFUND - PERMIT FEES 310654 1/21/14 427.20 AQUATIC CENTER 310655 1/21/14 237.01 LIABILITY CLAIM COSTS 310656 1/21/14 277.71 5LB DRY CHEMICAL RECHARGE 310657 1/21/14 148.52 BUSINESS AMORTIZATION 310658 1/21/14 247.50 DUES/LUNCHES 310659 1/21/14 195.00 NEXUS PHONE MOVES AT PD 310660 1/21/14 210.00 8TH ST. SMART GROWTH SOIL TESTING 310661 1/21/14 1,685.25 8TH ST. SMART GROWTH REVITALIZATION PROJEC1 310662 1/21/14 258,902.65 REFUND OF PERMIT FEES 310663 1/21/14 1,029.35 2014 EDITION PDR 310664 1/21/14 65.20 TUITION: POLICE BUDGET ACADEMY 310665 1/21/14 393.00 MOP 45707 MISC SUPPLIES - FIRE 310666 1/21/14 138.11 EFS REPAIR, TRAIN DEPO 310667 1/21/14 7,201.67 MOP 45742 LAUNDRY SERVICE 310668 1/21/14 963.99 LIME CLASS-3 PULLOVER HOODED SWEATSHIRT 310669 1/21/14 344.99 LIABILITY CLAIM COSTS 310670 1/21/14 4,500.00 8TH ST. SAFETY ENHANCEMENTS 310671 1/21/14 86,891.75 PLAZA BLVD WIDENING PROJECT 310672 1/21/14 2.66 8TH ST. SAFETY ENHANCEMENTS 310673 1/21/14 2,311.70 2/2 PAYEE REYNOLDS, S ROUSTON, J SAFDIE RABINES ARCHITECTS SAFRAN MORPHOTRUST SAN DIEGO REGIONAL SANDPIPA SDG&E STANICH, C STAPLES ADVANTAGE STARTECH COMPUTERS STEWARTS TITLE OF CALIFORNIA THE SOCO GROUP, INC. THOMSON WEST TRI NORTH BUILDERS INC TYWON MCKAY JACKSON VALENZUELA, A VALLEY INDUSTRIAL SPECIALTIES VISTA PAINT WILLY'S ELECTRONIC SUPPLY Z A P MANUFACTURING INC ZOLL MEDICAL CORP SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 2 12/24/2013 1r8 WARRANT REGISTER #30 1/21/2014 DESCRIPTION REFUND OF PERMIT 2013-3659 & 2013-3661 LICENSE REIMBURSEMENT AQUATIC CENTER INVESTIGATIVE SERVICES TUITION: MANAGEMENT COURSE FIDELITY INSURANCE METER & SERVICE REIMB - UNIFORMS MOP 45704 OFFICE SUPPLIES - HR MOP 61744 MISC SUPPLIES - MIS MCKINLEY PARCELS HYDROCARBONS, LIQUID / PW ON LINE LEGAL SVCS REFUND OF PERMIT #71277 LIABILITY CLAIM COSTS REIMBURSEMENT - RECERTIFICATION FEES ROYAL WATER CLOSET FLUSHOMETER MOP 68834 MISC SUPPLIES - NSD MOP 45763 MISC SUPPLIES - MIS REMOVE & REFACE STREET SIGN LIFEBAND 3 PACK Start Date 1/15/2014 End Date 1/6/2014 End Date 1/21/2014 Check Date 1/15/2014 CHK NO DATE AMOUNT 310674 1/21/14 36,941.36 310675 1/21/14 60.00 310676 1/21/14 48,105.87 310677 1/21/14 36.00 310678 1/21/14 1,670.00 310679 1/21/14 6,138.00 310680 1/21/14 1,760.00 310681 1/21/14 134.52 310682 1/21/14 2,247.56 310683 1/21/14 998.26 310684 1/21/14 500.00 310685 1/21/14 279.91 310686 1/21/14 759.92 310687 1/21/14 1,179.49 310688 1/21/14 650.00 310689 1/21/14 217.00 310690 1/21/14 1,602.48 310691 1/21/14 1,411.59 310692 1/21/14 310693 1/21/14 2, 310694 1/21/14 3,494.81 MP Total 609,787.14 2,858.59 804,209.44 GRAND TOTAL $ 1,416,855.17 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 18t° OF FEBRUARY, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT IEETING DATE: February 18, 2014 AGENDA ITEM NO. ITEM TITLE: Public Hearing of the City Council of the City of National City to consider establishment of Residential Permit Parking District "K" on both sides of E. 26th Street between "B" Avenue and "D" Avenue, and on the east side of the 2500 block of "B" Avenue, pursuant to City Council Policy 710 "Residential Permit Parking Program" (TSC 2013-25) PREPARED BY: Kenneth Fernandez, P.E. PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering and Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Hold hearing to consider establishment of Residential Permit Parking District "K" BOARD / COMMISSION RECOMMENDATION: At their meeting on December 11, 2013, the Traffic Safety Committee unanimously approved the staff recommendation to establish Residential Permit Parking District "K". ATTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on December 11, 2013 (TSC 2013-25) 3. Affidavit of Posting"Notice of Public Hearing" 4. Exhibits — Proposed and Existing Residential Permit Parking Districts 5. Table — Time of Day Restrictions for Residential Permit Parking Districts EXPLANATION The purpose of the public hearing is to consider establishment of Residential Permit Parking District "K." The process for establishing a Residential Permit Parking District is governed by City Council Policy No. 710, "Residential Permit Parking Program." In determining whether a residential area identified as eligible for residential permit parking may be designated as a Residential Permit Parking District, City Council shall take into account factors which include but are not limited to the following: 1) The extent of the desire and need for the residents to have residential permit parking; 2) The extent to which legal on -street parking spaces are occupied by motor vehicles during the period proposed for parking restriction; 3) The extent to which vehicles parking in the area during the period proposed for parking restriction are commuter vehicles rather than resident vehicles — for the purpose of the parking survey and analysis, "resident" vehicles were considered as those registered to owners residing "within" the proposed Residential Permit Parking District boundaries and "commuter" vehicles were considered as those registered to owners residing "outside" of the proposed District boundaries; 4) The extent to which motor vehicles registered to persons residing within the proposed Residential Permit Parking District boundaries cannot be accommodated by the number of available off-street parking spaces. Background Ms. Maria Erickson and Ms. Alma Fernandez, residents of 2535 and 2525 "B" Avenue, respectively, have requested the establishment of a Residential Permit Parking District on both sides of E. 26th Street between "B" Avenue and "D" Avenue, and on the east side of the 2500 block of "B" Avenue, to address lack of available on -street public parking. Currently, there are nine active Residential Permit Parking Districts: "A", "C", "D", "E", "F", "G", "H", "I", and "J" (District "B" was subsequently removed by City Council action at the request of area residents.) This report addresses establishment of a new Residential Permit Parking District "K" as illustrated in the attached exhibit. The proposed District excludes the street frontage of all commercial properties, apartment complexes and condominiums. As previously stated, the process for establishing a Residential Permit Parking District is governed by City Council Policy No. 710, "Residential Permit Parking Program." The first step in the process is for interested residents to initiate and distribute a petition in support of the District. The petition shall clearly state the boundaries of the proposed District. According to the Policy, at least 60% percent of homeowners within the proposed boundaries of the District are required to sign the petition in order for staff to perform a formal evaluation. Ms. Erickson and Ms. Fernandez distributed a petition to their neighbors and returned the signed petition to the Engineering Department for review. Staff confirmed that approximately 80% of the homeowners residing within the proposed District boundaries signed the petition. Analysis and Recommendations Consistent with Policy No. 710, Engineering staff coordinated with Neighborhood Services to have Parking Regulations Officers conduct a series of license plate surveys on vehicles parked curbside within the proposed District boundaries over a four -week period. Days of week and times of day were staggered to achieve an equitable sample. The purpose of the survey is to verify parking demand and determine the percentage of vehicles registered to owners residing within the proposed District versus those residing outside of the District. The National City Police Department processed the license plate numbers from the surveys to obtain the property addresses associated with the registered vehicle owners and emailed the results to Engineering. Per Policy No. 710, in order to consider establishment of a new Residential Permit Parking District, at least 70% of the available curbside parking spaces within the proposed District must be occupied by commuter vehicles (as previously defined by staff for the purpose of the survey and analysis.) The survey results and analysis indicate that approximately 81 % of the vehicles surveyed were registered to owners that reside outside of the District. It shall be noted that approximately 34% of the vehicles surveyed were registered to owners that reside in either the apartments or condominiums located adjacent to the proposed District. Only approximately 19% of the vehicles surveyed were registered to owners that reside within the District boundaries. The results also confirm that parking within the proposed District is in high demand due to the lack of available on -street parking observed during the field surveys. At their meeting on December 11, 2013, the Traffic Safety Committee unanimously approved the staff recommendation to establish Residential Permit Parking District "K" on both sides of E. 26th Street between "B" Avenue and "D" Avenue, and on the east side of the 2500 block of "B" Avenue, with the understanding that Engineering staff would obtain additional information from residents to establish appropriate time restrictions for the District. Staff mailed letters to homeowners and tenants in proximity to the proposed District inviting them to attend the Traffic Safety Committee Meeting. A handful of residents attended, all in support of the District. Engineering staff field -verified the time restrictions associated with the nine existing Residential Permit Parking Districts and prepared a summary table (see attached.) Most of the time restrictions are early morning to early evening, Monday through Friday. Only one District is posted for permit holders 24-hours a day, seven days a week. Staff contacted Ms. Erickson and Ms. Fernandez regarding their preferred time restriction for the District. They suggested a "24/7" parking restriction for non -permit holders. For consistency with the other Districts, staff asked Ms. Erickson and Ms. Fernandez to consider a 12-hour time restriction. Ms. Erickson and Ms. Fernandez met with their neighbors who reached a consensus that posting a time restriction of 10:00am-10:00pm, Monday through Saturday would be most appropriate. Notice of Public Hearing On February 5, 2014, Public Hearing Notices were posted at various City Hall bulletin boards and along E. 26th Street and "B" Avenue within the proposed Residential Permit Parking District "K" boundaries. On February 7 and 14, 2014, the Public Hearing Notice was advertised in the San Diego Union -Tribune. The Public Hearing Notice was also mailed to homeowners and tenants in proximity to the proposed District. An affidavit was signed by the City Clerk and Engineering staff at least 10 days prior to the February 18, 2014 meeting (see attached.) Issuance of Permits and Restrictions Residents living within the boundaries of a Residential Permit Parking District may purchase an annual parking permit for $35, which is valid for one year effective February 1st through January 31st. The option to "prorate" is unavailable at this time given the current fee structure. Applicants are required to provide proof of residency and valid vehicle registration in order to be eligible for a permit. After verification and proof of payment, staff will issue a placard, which must be clearly displayed in the vehicle. Up to two annual permits may be purchased per household. In addition, annual permit holders may apply for up to two temporary visitor permits per household at no cost. The temporary permits are valid for up to 14 days. Only permit holders with valid Residential Permit Parking District placards and/or those with valid disabled persons placards may park within the District during the posted time restrictions. Per the California Vehicle Code and City ordinance, vehicles (with or without placards) may not be parked at the same location on any public street for more than 72 consecutive hours. NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR DECEMBER 11, 2013 ITEM TITLE: 2 REQUEST TO ESTABLISH RESIDENTIAL PARKING DISTRICT "K" ON BOTH SIDES OF E. 26TH STREET BETWEEN "B" AVENUE AND "D" AVENUE, AND ON THE EAST SIDE OF "B" AVENUE NORTH OF E. 26TH STREET (BY M. ERICKSON/A. FERNANDEZI PREPARED BY: Kenneth Fernandez, P.E., Acting Assistant Civil Engineer, Engineering and Public Works Department, Engineering Division DISCUSSION: Ms. Maria Erickson and Ms. Alma Fernandez, residents of 2535 and 2525 "B" Avenue, respectively, have requested the establishment of a residential parking district in their surrounding neighborhood on both sides of E. 26th Street between "B" Avenue and "D" Avenue, and on the east side of "B" Avenue north of E. 26th Street to address on -street public parking. According to both Ms. Erickson and Ms. Fernandez, the number of vehicles regularly parked on the street often times nearly occupies a majority of available public parking regardless of the time or day of the week. There is a similar parking condition immediately to the west at "A" Avenue where Parking District "I" is in operation. Currently, there are nine active residential parking districts: "A", "C", "D", "E", "F", "G",. "H", "I", and "J". This report addresses a proposed tenth Residential Parking District "K". Two citizen -initiated petitions were created and distributed around the neighborhood. Both petitions clearly stated the action being requested and specific location of said action. It was then submitted to Engineering staff for review. The neighborhood is composed of commercial, single-family, multiple -family, apartment complex, and condominium residences. This proposed parking district excludes the frontage of the commercial, apartment complex, and condominium residences. Engineering staff analyzed the petitions in accordance with the Residential Permit Parking Program - Policy Number 710. First, at least 60% percent of homeowners within the proposed boundaries of the residential parking permit district are required to sign the petition in order to move forward with the process. This condition was met. Second, Engineering requested that the City's Neighborhood Services Division, Parking Enforcement Section provide data throughout a four -week window and record the license plates of vehicles parked in the proposed district. Data was collected in the early morning and again in the late afternoon/early evening except on Sundays. This Task was completed. -1- Next, Engineering analyzed the data and compared it with DMV vehicle registration information (a.k.a. 10-28 Forms) provided by the City's Police Department. Staff then differentiated parked vehicles registered to residents within the proposed parking districts to those parked vehicles not registered within or associated to a commercial, apartment complex, and condominium residences adjacent to the proposed parking district. As such. it was determined that approximately 80 % of the vehicles parked did not belong to the proposed residential parking district. If a residential parking district is established, those residents within the district are able to purchase an annual parking placard for $35 year-round. Each permit is valid effective February 1st and expires on January 318t of the following year. Qualified residents are allowed to purchase up to two placard (or up to four placards if the residence is located on a corner lot). Currently, there is no proration of the district parking permit fee if purchased after February 1st. Those residents with a valid parking or disabled placard shall be allowed to park in the same location within the district for up to 72 continuous hours. Vehicles without a properly displayed permit or with a permit but at a different parking district than that assigned to them may be cited and/or towed. STAFF RECOMMENDATION: Given the data collected, analyzed, and evaluated per Policy Number 710, Staff recommends the following enhancements in establishing Residential Parking District "K" on both sides of E. 26th Street between "B" Avenue and "D" Avenue, and on the east side of "B" Avenue north of E. 26th Street for the purpose of addressing on -street public parking: 1. Order and Install "No Parking except vehicles displaying District "K" or disabled parking placard" signage with "Start" and "End" indicators on poles with time-, day, and parking district -restricted verbiage on the public right-of-way. EXHIBITS: 1. Location Map 2. Photos 3. Current Residential Permit Parking Map with proposed Parking District "K" 4. Residential Permit Parking Program - Policy Number 710 2013-25 -2- Location Map with Recommended Enhancements (TSC Item: 2013-25) Proposed Installation of customized residential parking district "No Parking - Except By Permit" signage on poles (example shown below) Eastside of "B" Avenue looking northeast from E. 266 Street E. 26th Street looking west from 300 block of E. 26th Street -4- E. 26th Street looking east from 300 block of E. 26th Street -5- LIJ •••••••••.. yr • 1E9 .0! kg. IU ; aim A CAUPLEC SCALE T tair•ffl 11.0.10.0. MIN sip MN mcn; EININ — IU 1T111 Ea mn. in MI 1111.= N.. w, um ommi• oni =IN -741 MI IN !fa NMI MN Al. 1 — •••• mow 0•110 OM MN NPR MIN r wins 1 MN= J Ed a no: Mr; Fri IN ST. I ! ! ! I ! L' 11 i;.i ; Ltd 111 • om. OD, TT. !la • = • III g2 _.... .... MOM In al = I I I I ii: , %,1 7 : e". 1 :,-,.. •....— im...-,r.1 ....,,,.-,,,...„1... ..w, — mr..— ,„...„. — .... .1.—.. E.- --' -..„, .. — -- — I io.•,,,,,.. — . ...... ... ;..--,........... ... — — on — —.. —,..„-_—_„--: „,,„ ...i B., .11! le 1,', 0 ' 1,010 ...., r2AP r'10,1' ..10...-.'" • 0 5 :-1..." - .4,f• tO.., 1111 Itt• e..-."1. i.lig 1 .., ..,....,....0. .' ,,,,,: ,.., .............1.... MN Se... coLo Coto riaa 0.-....14,..0! NM LAS0C I_ -o.s...07.e. .0,0,,,,,CM --_,,,,,,,,,,o_...---...,.....----;.--..„---..-:—; ,..„.....„,_...„,......,_.., NMI MIS awl Eno NMI MIN 11171mi • 1 EIW um, IN! 0...4, • - 111' 1 r F=I ..•••••• H— LI a LEGEND A% EXISTING RESIDENTIAL PERMIT TARRING DISTRICT INTERSTATE / STATE H/GHWAY NOTE: PAWING DISTRICT IS" WAS REMOVED BY CITY COUNCIL ACTION COMPREHENSIVE TRANSPORTATION ACTION PLAN EXISTING RESIDENTIAL Plum= PARRII•rc Dismers CITY COUNCIL POLICY TITLE: RESIDENTIAL PERMIT PARKING PROGRAM ADOPTED: August 23, 1994 AMENDED OR REVISED: POLICY NUMBER: 710 Purpose Page The purpose of this policy statement is to regulate a Residential Permit Parking ] cogrini heretofore established by the City Council. , '",.. A petition for a Residential -Permit Parking -Area shall be directed to the Tt i$c S'' t Committee. Before further processing of a request for a Residential Parking Permit District the petition shall be signed by 60% of the owners withnithe pro sed boundaries of the Residential Parking permit District.x The Traffic Safety Committee shall direct the ter to proceed with the processing of this program in conformance with the follo •t1T gated procedures. SECTION 1. Definitions (a) "Residential Area" shall mean a contig uses containing public streets or parts trcof; (b) "Residential Permit P residential area designatecl, a valid permit as describip pursuant to this policy scat ffie eonsi stin8 of primarily residential alemean the adjacent public street frontage to a ded wherein resident motor vehicles displaying be exempt from parking restrictions established (c) "Residen Vehicl n s mean a motor vehicle parked in a residential area in which it is registered • ' : , e State" of California Department of Motor Vehicles or a similar registering 11 i ;per su .. rest 1 .111 .J 411, 11 !! Vchicle" shall mean a motor vehicle, other than one described in ' e) ham, pied in a residential area in which it is not registered with the 'a Department of Motor Vehicles; Tent Vehicle" shall mean a motor vehicle which has been issued a temporary tial parking permit pursuant to this policy statement; (f) "Motor Vehicle" shall include an automobile, truck, recreation vehicle, motorcycle or other motor -driven or self-propelled form of transportation. CITY OF NATIONAL CITY CITY COUNCIL POLICY TITLE: RESIDENTIAL PERMIT PARKING PROGRAM POLICY NUMBER: 710 ADOPTED: August 23,1994 AMENDED OR REVISED: Page 2of9 (g) "Owns" shall mean that a person has at least one -quarter interest in a parcel of real property within a residential permitparking area. (h) "Lease•': shall mean that •a person pays rent or other renmuneration for use of apareeI of real property as his residence or place of business. (i) .'Person" shall mean natural person, joint venture,- ZolaStock Company, partnership association, club, company, corporation, business tmst:drgaaization, or the agent, employee, lessee, manager, officer or servant of any of therm (j) "City Engineer" shall mean the City Engineer of the City of National City or his designee. (k) "Clerk" shall mean the person or officer - ho to or acts as clerk of the City Council of the City of National City. 1) "Code" shall mean National City Municipal Code. SECTION 2. Designation'of Residential Permit Parking Areas (a) The CityCouncil' shail; upon the recommendation of the Traffic Safety Committee and subsequent to a public hearing consider for designation as residential permit parking areas those resiential areas meeting and satisfying the objective criteria therefore established hithis policy statement. (b) The treshall then designate by resolution certain residential areas as residential Pt parking areas in which motor vehicles displaying a valid parking may stand or be parked without limitations by parking time or parking area rofkiction established by this policy statement. Said resolution shall also state theapillibable parking regulation and period of the day for its application, and the fee to be charged upon permit issuance. CITY OF NATIONAL CITY -8- ADOPTED: August 23, 1994 AMENDED OR REVLSED: SECTION 3. Designation Criteria CITY COUNCIL POLICY TITLE: RESIDENTIAL pERM1`r PARKING PROGRAM POLICY NUMBER: 710 Page 3of9 (a) A residential area shall be deemed eligible. for consideration as a residential • permit pang area if; based on studies prepared at the direction of the City Engineer, • objective.criteria establish that the residential area is impacted by commuter vehicles for any extended period during the day or night, or weekends,; cf.;during holidays. (b) In determining whether a residential area identified as eligible for residential permit parking take into accountbe dfact factors which includignated as a e but are tial permit o limitedfolk. area, the City Council shall • (1) The extent of the desire and neap for the residents for residential permit parking; (2) The extent to which legal oa>atreet parking spaces are occupied by motor vehicles during the period proposed fbr parking restriction; (3) The extent to which yelriples parking in the area during the period proposed for parking restrictjol ar+e cozruter. vehicles rather than resident vehicles; re) sidential* extent to which motor vehicles registered to persons residing in the )id ential*arei 'carmot be accommodated by the number of available off-street Parldug spaces. (c) The f9tiring are`'set forth as minimum criteria in deter ninin with a re enni h jation for 8 whether to proceed approval of a Residential Permit parking District: (1) are Residential Parking Permit District shall consist of at least one side of a street section between two consecutive intersecting its. (2) At least 70 percent of the available curbside parking spaces are occupied by commuter vehicles during the time the parking study is being conducted. CITY OF NATIONAL CITY -9- CITY COUNCIL POLICY TITLE: RESIDENTIAL PERMIT PARKING PROGRAM POLICY NUMBER: 710 ADOPTED: August 23, 1994 AMENDED OR REVISED: hn�y- Page 4of9 SECTION 4. Designation Process (a) When directed to do so by the Traffic Safety Committee, the ll cause tQ h&_ ve such.surveys ;and. studies as. are deemed .recess _ to City ' er a residential area is eligible for residential permit parking.. eternrine whether a (b) Upon the completion of the surveys or studies, th ` ty Engineer shall provide a written report to the Traffic Safety Committee on the abject` of (1) Eligibility of the residential area under conssid"" , lion for residential permit Parking; (2) Tentative boundaries for the proposed+esidential permit parking area; and (3) Appropriate area prohibition"rsr time - on on parking and the period of the day for its application... 4_. (c) The Traffic Safety 81a11 review the � report and its findings and subsequently mane a to the City Council to approve or deny the proposed Residential R i Permit District The City Council at the next possible Council m foklo theTraffic Safety Committee meeting may set a date for a public hearing' on themeent of the proposed Residential Permit Parking District. (d) The Cleft sh cause notice of such hearing to be published twice in a local newspap o general ation in the city. The first publication shall be not less than teaayp -toliedate of such hearing. (e) e City ineer shall cause notice of such hearing to be posted conspicuously, at more :Han one hundred foot intervals and at all street intersections, in the proposed R1 permit parking sues. (f) The notice shall clearly state the purpose of the hearing; the location and date and time of the hearing; the tentative boundaries of the proposed residential permit parking area; and that any interested person shall be entitled to appear and be heard. CITY OF NATIONAL CITY -10- CITY COUNCIL POLICY ADOPTED: August 23, 1994 AMENDED OR REVISED: TITLE: RESIDENTIAL PERMIT PARKING PROGRAM POLICY NUMBER: 710 Page5of9 SECTION 5. Public Hearing (a) At the public hearing, the City Council. may review the written • _ ;studies, -lake public;lestimony and determine • whether the reports, surveys and ` P�ecd Residential Permit Parking District is justified- . and desired by the residents within the boundaries of the district and the immediate neighborhood. The City Council, may then designate by resolution the new Residential Permit -Parking Dieu cf"' and 'direct .he cause the appropriate signing of the District per Sectioir 7. City E to SECTION 6. Issuance of Permits (a) The City Engineer is hereby authorized aiid directed to issue, 'upon proper written application therefore, a parking permit .Bad! such penult shall list the license number of the motor vehicle for which it is issued, and the edate when it was issued. No more than one paring permit shall be issued to -each motorvehicle for which application is made. The City Engineer is authoried to *file s rules'and regulations, not inconsistent with permits; statement, governin the mapt er in which pions shall qualify for parking ` Ar4 (b) Pig permits may rssited for motor vehicles only upon application of the following persons; (1) A leregi ,resident of the residential permit parking area who has a motor vehicle in is/her name, or who has a motor vehicle for his/her exclusive use his/her control; (2) A erson who owns or leases �snesa activity within a residentral� t�� property and actively engages in l parking area. However, no more than and parking permit may be issued for each business establishment for a motor ale registered to or under the control of such a person. (c) Proof of residency shall be demonstrated by providing rent or utility receipts or other such documents that verifies residency to the satisfaction of the City Engineer. CITY OF NATIONAL CITY -11- CITY COUNCIL POLICY TITLE: RESIDENTIAL PERMIT PARKING PROGRAM POLICY NUMBER: 710 ADOPTED: August 23, 1994 AMENDED OR REVISED: Page 6 of9 r (d) Proof of motor vehicle ownership or vehicle use and control shaft ' Re by providing a valid vehicle registration card and a valid drivers .Lice nse. ` -(e)" Temporary residentiai-parking Permits.inay be issued for vehicles which mi:. (1) Owned, rented or under the -operational eontrvi,of ty, per 'on who owns or leases property in the residential permit area, or (2)used ki providing services to persons or property in the residential permi srea.,Temporary residential parking permits may also be issued to vehicles ownby temporary visitors who are residing in the residential permit parking areaSuch temporary residential parking permits shall have all of the rights and privileges of a regular permit. A temporary parking permit shall be vai%i r no morethan fourteen days from the date of issuance. No resident of a °-:id permit parking area shall be issued more than two temporary par ' . ' ' st cre time. A temporary residential parking permit issued to a el ro services or to vehicles owned by temporary visitors shall b he a temporary permit issued to the resident of the � Property , h ti .services are provided or the temporary visitors are residing. (f) Long-term visitor parkintpternits may be issued to residents, of a permit district who require regulv service_or c re over a long period of time. The resident must establish the need for a 1!ng--'fin p t by indicating a disability or a hardship situation that requires regular = onier or some other assistance for a period of more than two weeks. A ident '.11 be limited to one such long-term visitor permit which may be traasf a ,v hides of multiple care or service providers. Each care or service pad re their vehicle(s) with the Engineering Department. The long-term perm shall valid far one year after the date of issuance. Long-term visitor parking • tia== is is ued per this paragraph shall be counted against the permit limits of paragraph (g) = e number of permits issued to any one address in a residential area shall be limited to the number of curbside spaces along the property frontage or two, whichever is greater. Non -single family residential addresses shall be limited to two permits. The determination of the number of spaces along the property frontage shall be made by the City Engineer. CITY OF NATIONAL CITY -12- ADOPTED: August 23,1994 CITY COUNCIL POLICY TITLE: RESIDENTIAL PERMIT PARKING PROGRAM POLICY NUMBER: 710 AMENDED OR REVISED: SECTION 7. Posting of Residential Permit Parking Area Upon. adoption by the City Council of a resolution• designating a residential permit parking -area, the City Engineer pursuant to Title Ii.e£:the.Code nhall :cause. appro; signs to be • erected in the area indicting, prominently, thereon the area poor time ieshall be period of the day -for its application, and conditions under whichicpit parking pt'therefrom . SECTION 8. Display of Permits Permits shall be displayed in a manner determined by the Chief of Police. SECTION 9. Permit Parking Exemptions A resident motor vehicle or transient motor vehicle on which is displayed a valid parking permit as provided for herein shall be permitted to stand or be parked in a residential permit parking area without being limited by time restrictions or area prohibitions established pursuant to this policy. Said resident motor vehicle or shall not be exempt from parking restrictions or prohibitions established ursuant motor vehicle authority other than this policy. All other motor vehicles other than vehiclees a an Title 11 of the Code and vehicles where theneed in said vehicle displays a license issued operator o the passenger bangs ported hby e Vehicle Co provisions of Section 22511.5 of the CaliforniatoC the time restrictions or a pied within a residential permit parking area shall be subject area prohibitions adopted as provided in this policy, as well as the penalties provided for herein. A residential parking permit shall not guarantee or reserve to the holder thereof an on - street pig space within the designated residential permit parking area. SECTION 10. Application for and Duration of Permit Each pig permit issued by the City Engineer shall be valid for not more than one year from the date of issuance. Permits shall expire on the last day of the anniversary month of the formation of the area in such manner as may be required by the City weer. Bach application or reapplication for a parking permit shall contain information sufficient to identify the applicant, his residence address or address of real property owned or Page 7of9 CITY OF NATIONAL C1TY -13- CITY COUNCIL POLICY TITLE: RES]DEN IAL PERMIT PARKING PROGRAM POLICY NUMBER: 710 ADOPTED: August 23, 1994 AMENDED OR REVISED: Page 8 of 9 leased within a residential permit parking area, and the Iicense number of the motor vehicle for which application is made, and such other information that may be deemed relevant by the City Engineer. SECTION 11. Permit Fees (a) The annual renewal fee for a residential parking permit shall be $10.00 and shall be revised byresolution at such time when user fees in general are -updated. (b) The fee for a temporary residential parking permit shall be two dollars ($2.00). SECTION 12. Penalty Provisions (a) It shall be unlawful and a violation of this policy unless expressly provided to the contrary herein, for any person to stand or park a motor vehicle for a period exceeding the time limitation or in violation of the area prohibition established pursuant hereto. Said violation shall be an infraction punishable in accordance with the provisions of Title II of the Code. (b) It shall be unlawful and a violation of this policy for a person to falsely represent himself as eligible for a parking permit or to famish false information in an application therefore; (c) It shall be unlawful and a violation of this policy for a person holding a valid parking permit issued pursuant hereto to permit the use or display of such permit on a motor vehicle other than that for which the permit is used. Such conduct shall constitute an unlawful act and violation of this policy both by the person holding the valid parking permit and the person who uses or displays the permit on a motor vehicle other than that for which it is issued; (d) It shall be unlawful and a violation of this policy fora person to copy, produce or otherwise bring into existence a facsimile or counterfeit parking permit or permits without written authorization from the City Engineer or designate. It shall further be unlawful and a violation of this policy for a person to knowingly use or CITY OF NATIONAL CITY -14- CITY COUNCIL POLICY Page 9 of 9 display a facsimile or counterfeit parking permit in order to evade area prohibitions or time limitations on parking applicable in a residential permit parking area. A violation of this subsection shall be a misdemeanor punishable in accordance'with the provisions of Section 11.12 of the Code,' SECTION 13. Revocation' of Permit The City Engineer or designate is authorized to revoke the residential ptricing permit of any person found to be in violation of this policy and, upon written notification thereof; the person shall surrender such permit to the City Engineer. Failure when so requested to surrender a residential parking permit so revoked shall constitute a violation of law and of this policy. SECTION 14. Severability The provisions of this policy area severable and if any provisions, clause, sentence, subsection, word or part thereof is held illegal, ' invalid, or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, sections, words or parts of the policy or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this policy would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection, section, word or part bad not been included therein, or if such person or circumstance to which the policy or part thereof is held inapplicable had been specifically exempted therefrom. SECTION 15. Sunset Provision and Removal of Designation. (a) Bach residential permit parking area may be re-evaluated for eligibility 2 years after the date of designation and every 2 years thereafter. The City Engineer shall apply the same criteria as provided in Section 3 to determine if the area is still eligible for the designation. (b) The designation process set forth in thus policy statement shall be utilized by the City Engineer and the City Council in determining whether to remove a designation residential permit parking area from a particular residential area or portion thereof a CTTY OF NATIONAL CTTY -15- AFFIDAVIT OF POSTING NOTICE OF PUBLIC HEARING STATE OF CALIFORNIA ) County of San Diego ) KENNETH FERNANDEZ, being first duly sworn, certifies: THAT he is now and has been the ACTING ASSISTANT CIVIL ENGINEER of the CITY OF NATIONAL CITY: THAT the City Council of National City will hold a Public Hearing on February 18, 2014, to consider ESTABLISHING RESIDENTIAL PARKING DISTRICT "K" ON BOTH SIDES OF E. 26111 STREET BETWEEN "B" AVENUE AND "D" AVENUE, AND ON THE EAST SIDE OF THE 2500 BLOCK OF "B" AVENUE, PURSUANT TO CITY COUNCIL POLICY 710 ENTITLED RESIDENTIAL PERMIT PARKING PROGRAM. THAT he caused the notices of said Public Hearing to be posted at intervals of no more than 100 feet as prescribed by law, on the 5th day of February 2014 and thereafter, he made this affidavit and filed it with the City Clerk of the City of National City. Dated at National City, Califomia this 5th day of February, 2014. Kenneth Femandez Acting Assistant Civil Engineer Mi hael R. Dall-, CMC City Clerk -16- Notification Area for Proposed Residential Permit Parking District "K" Legend: Proposed Residential Parking District •K" = Notification Area (Mailed Notices of Public Hearing) Proposed Residential Permit Parking District "K" st s t 20TH ST. 21ST T D ST. GRAPHIC SCALE r no, iL— T ono o0o 1 L� -1_ __I' 111111 LJ sly E Lid 9TH I I PLAZA BL 1 iil IM n 1111 ITS MIN - - Z I — — MIN inolmo rININ L 111111111111111111 P11 Imo Nh T ai1.9 18TH 20TH LEGEND %A EXISTING RESIDENTIAL PERMIT PARKING DISTRICT INTERSTATE / STATE HIGHWAY NOTE: PARKING DISTRICT "B" WAS REMOVED BY CITY COUNCIL ACTION COMPREHENSIVE TRANSPORTATION ACTION PLAN EXISTING RESIDENTIAL PERMIT PARKING DISTRICTS Existing Residential Permit Parking Di :ts - Time of Day Parking Restrictions Parking District General Location Time of Day Parking Restrictions Notes A E 20th St & B Ave 8AM-7PM, Daily B Removed by City Council Action C W Plaza Blvd & Hoover Ave 7AM-7PM, Mon -Fri D W llth St & Roosevelt Ave 7AM-7PM, Mon -Fri E W 14th St and Roosevelt Ave 7AM-7PM, Mon -Fri F E 9th St & A Ave 6PM-6AM, Mon -Fri, All day Sat & Sun G E 16th St & G Ave 7AM-7PM, Mon -Sun H E Plaza Blvd & C Ave 7AM-7PM, Mon -Fri 1 E 24th St & A Ave 7AM-7PM, Mon -Fri J W 14th St & Hoover Ave 24/7 K E 26th St & B Ave 10AM-10PM, Mon -Sat Proposed District CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 18, 2014 AGENDA ITEM NO.11 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the reinvestment of $2 million in a CDARS account with Neighborhood National Bank for a one-year term. PREPARED BY: Mark Roberts, Director of Finance DEPARTMENT: Finance �PHONE: 619-336-4265 APPROVED BY: (i EXPLANATION: The City of National City deposited $2 million in a Certificate of Deposit Account Registry Service ("CDARS") account with Neighborhood National Bank in September 2007. This investment has matured and has been renewed every 12 months since. The current investment matures March 6, 2014. A decision regarding reinvestment of these funds must be made prior to the As of February 4, 2014, the 12-month rate at which the City of National City account through Neighborhood National Bank is .70%. (This rate is subject 18, 2014. Staff will provide the most current rate at that time.) By comparison, the current or most recent rates of return of the City's other San Diego County Pooled Money Fund — .419%; Local Agency Investment Fund ("LAIF") — .244%; and Chandler Asset Management — .37%. maturity date. can reinvest in a CDARS to change prior to February investments are: FINANCIAL STATEMENT: APPROVED: �i!r See attached. APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Reinvest $2 million in a CDARS account with Neighborhood National Bank for a one year term. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: 1. Resolution 2. Lending impact report Neighborhood National Bank Lending Impacted by CDARS Program in The City of National City From 06/01/03 to 12/31/13 Since National City's CDARS Deposit National City deposited $2 million in a CDARS account with Neighborhood National Bank on September 13, 2007, and subsequently deposited an additional $1 million The $3 million CDARS funds from National City go into a pool of funds that the Bank then has available to lend to business and individual borrowers. In National City the Bank has been able to grant 24 loans; commercial, commercial real estate, and consumer loans, since the City's CDARS deposit with the Bank. The loans have been granted to 23 entities for a total of $8,457,738. The Bank has assisted these businesses to grow by lending more than double the amount of the total $3 million deposit. Or, in other words, National City's investment return is well over 100%. The 15 business loans totaled $4,453,606 to 10 companies: one automobile parts/accessory stores, one car wash, five supermarkets, one property Management Company, a machine shop/engraver and a local contractor. Using an average of 11 employees per business, based on SBA loan applications, an estimated 88 jobs were created/retained by 8 of these businesses. The 7 commercial real estate loans totaled $3,994,331.80 for three retail projects covering 7 retail units, one warehouse and three loans to purchase or refinance 24 housing units. Two consumer loans totaling $9,800 were for personal, family, or household purposes. The total loans made since National City's CDARS deposits were received at the Bank have been made in 9 of the 15 census tracts comprising the City. The amount of lending in each tract follows: Census Tract Dollar Amount of Loans Made 114.00 $1,961,000 115.00 $12,900 116.02 $436,000 117.00 $4,160,446 118.02 $8,800 119.02 $343,500 120.01 $594,260 121.02 $325,750 122.00 $615,082 Each census tract represents an area of the City. Since CDARS Program Began at the Bank Since the CDARS program began at the Bank in June 2003 to December, 2013, the Bank has granted 46 loans (business, commercial real estate, construction, and consumer loans) to 34 entities in National City for a total of $17,574,938. Commercial loans to small businesses, which are defined as those businesses having annual revenues (sales) equal to $1 million or less. 28 business loans totaling $5,835,738 were made to: • 15 small businesses (17 loans) • 7 larger sized businesses (11 loans). Using an average of 11 employees per business, based on SBA loan applications, an estimated 275 jobs were created/retained by 25 of these businesses. Two construction loans in the amount of $5,126,500 created 30 dwelling units. Commercial Real Estate loans totaling $6,569,250 covered 1 office building, 1 industrial building, 1 warehouse, 7 retail units, 20 apartment units, 4 single family units, and 1 church. Three consumer loans totaling $43,450 were made for personal, family, or household purposes. Further, these loans are fairly disbursed throughout National City. The loans are made in 13 out of the 15 census tracts comprising the city. The amount of lending in each tract follows: Census Tract Dollar Amount of Loans Made 114.00 $2,247,000 115.00 $1,265,900 116.01 $25,000 116.02 $672,450 117.00 $9,386,946 118.01 $367,500 118.02 $58,800 119.02 $343,500 120.01 $909,810 120.03 $232,000 121.01 $372,700 121.02 $325,750 122.00 $1,367,582 Reflecting the current economy and tighter regulatory environment, Neighborhood National Bank made fewer loans in the past three years, than in previous years. However, there are signs that the economy and the Bank have "turned the corner" in order to be able to assist the City of National City's businesses and individuals. A small bank, Neighborhood National Bank's goal has always been to help make a big difference in the communities it serves. There is no question that the City of National City's CDARS deposits have assisted Neighborhood National Bank in its efforts to accomplish this goal. Neighborhood National Bank currently has approved 2 apartment building loans totaling $1,980,000, anticipated to close first quarter, 2014. Debbie Landstedt VP Community Development Officer Neighborhood National Bank Revised 12/31/2013 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE REINVESTMENT OF $2 MILLION IN A CERTIFICATE OF DEPOSIT ACCOUNT REGISTRY SERVICE ACCOUNT WITH NEIGHBORHOOD NATIONAL BANK FOR A ONE-YEAR TERM WHEREAS, in September, 2007, the City of National City deposited $2 Million in a Certificate of Deposit Account Registry Service ("CDARS") account with Neighborhood National Bank; and WHEREAS, this investment has matured and must be reinvested prior to the maturity date. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the reinvestment of $2 Million in a Certificate of Deposit Account Registry Service ("CDARS") account with Neighborhood National Bank. PASSED and ADOPTED this 18th 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 '1EETING DATE: February 18, 2014 AGENDA ITEM NO. 12 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to sign an Agreement between and among the County of San Diego and participating cities and jurisdictions regarding the Next Generation Regional Communications System providing communication services to Public Safety and Public Service Agencies operating in San Diego County and Imperial County with an anticipated cost of $1.75 million and on -going maintenance costs payable by March 31, 2016. (Fire) PREPARED BY: Walter Amedee DEPARTMENT: Fir PHONE: 619-336-4556 APPROVED BY: EXPLANATION: The County's Regional Communications System has helped sustain communications among the region's public safety and public service partners for emergency and disaster response communications. The Next Generation Regional Communications System (NextGen RCS) Agreement was approved by the San Diego County Board of Supervisors on December 3, 2013. This Agreement defines the terms and conditions of participation in the NextGen RCS and provides incentives promoting early commitment to participation. Early commitment to participation is crucial to establishing system requirements necessary to the contracting process and to giving all parties an estimate of the cost of participation. To that end, a 15% late signing financial penalty is included in the Agreement for agencies that approve and sign this agreement after March 31, 2014. For agencies that approve and sign the Agreement after July 31, 2014, the late signing financial penalty is increased to 25%. The NextGen RCS Agreement will not immediately replace the 1995 RCS Agreement or existing customer agreements will remain in effect until March 31, 2016. The NextGen RCS Agreement states that a financing mechanism will be made available by the County, but details ire not available. National City's estimated costs to join the NextGen RCS Agreement is $1,750,444 and on -going naintenance costs payable by March 31, 2016. Staff recommends authorizing the Mayor to sign the NextGen RCS Agreement. FINANCIAL STATEMENT: APPROVED: `T_J� Finance ACCOUNT NO. APPROVED: MIS The NextGen RCS Agreement states that a financing mechanism will be made available by the County, but details are not available. National City's estimated costs to join the NextGen RCS Agreement is $1,750,444 and on -going maintenance costs payable by March 31, 2016. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends authorizing the Mayor to sign the Next Generation Regional Communications System Agreement. BOARD / COMMISSION RECOMMENDATION: \TTACHMENTS: I. 'Next Generation Regional Communications System Agreement 2. Resolution Agreement Between and Among the County of San Diego and Participating Cities and Jurisdictions Regarding the Next Generation Regional Communication System Providing Communication Services to Public Safety and Public Service Agencies Operating in San Diego County and Imperial County ("NextGen RCS Agreement") 1. THE 1995 RCS AGREEMENT; TRANSITION TO NEXT GENERATION RCS 1.1 The 1995 RCS Agreement. Effective March 7, 1995, the County of San Diego ("County") and certain local governments and agencies entered into an agreement entitled the "San Diego County — Imperial County Regional Communications System Agreement Between the County of San Diego and Participating Cities and Jurisdictions Regarding the Implementation, Governance, Method of Funding and Costs of a Regional Radio System Providing Communication Services to Public Safety and Public Service Agencies Operating in San Diego County and Imperial County" (referred to as the "1995 RCS Agreement," a copy of which is attached as Exhibit A. Additional local governments and agencies signed onto the 1995 RCS Agreement, and all original and additional signatories (referred to as "1995 RCS Parties") are listed in Exhibit B. The 1995 RCS Agreement provides for the operation of a regional communication system by the County through its Sheriff's Department with the financial contribution of the 1995 RCS Parties. Other agencies and entities ("Customers") are allowed to use the RCS, upon recommendation by the RCS Board of Directors, through contracts with the County wherein a Customer pays fees as approved by the Board of Directors, with the revenues from such contracts flowing to the RCS Operating Account and RCS Trust Fund maintained by the County. 1.2 1995 RCS Governance. The 1995 RCS Agreement establishes a governance structure wherein the County, through the Sheriff's Department Wireless Services Division, operates and maintains the RCS with other County departments providing additional administrative support, and the County Board of Supervisors having ultimate fiscal and operational control over the RCS. The 1995 RCS Agreement establishes an RCS Board of Directors to make recommendations to the Board of Supervisors. NextGen RCS Agreement Page 1 of 19 December 3, 2013 1.3 1995 RCS Fiscal Components. There are three basic fiscal components to RCS Party participation in the 1995 RCS Agreement and use of the RCS: (1) contribution to the construction of the RCS "backbone", (2) monthly operating charges, and (3) each RCS Party's own equipment and certain infrastructure costs. 1995 RCS Parties have paid or are paying their contribution to the backbone construction through several fiscal vehicles, including financing provided by the County and County Service Area (CSA) 135, formed pursuant to Government Code section 25210 et. seq. Relevant actions pertaining to CSA 135 include, but may not be limited to the following: In Fiscal Years 1995-1996 and 1996-1997, pursuant to Government Code section 25210.77a (repealed 2009), the County levied parcel charges for CSA 135. On June 2, 1998, voters in three cities approved special taxes without sunset dates to replace the parcel charges as follows: The City of Poway (CSA 135 Zone F) - Proposition J; The City of Del Mar (CSA 135 Zone B) -Proposition F; The City of Solana Beach (CSA 135 Zone H) - Proposition L. 1.4 1995 RCS Agreement Extensions. On May 5, 2009 (Minute Order No. 2) on recommendation of the RCS Board of Directors, the County Board of Supervisors approved the extension of the RCS Agreement to March 31, 2013. On August 7, 2012 (Minute Order No. 1), again on recommendation of the RCS Board of Directors, the County Board of Supervisors approved the extension of the 1995 RCS Agreement to March 31, 2016 in order to allow sufficient time to transition to a new or "next generation" ("NextGen RCS") replacement regional communication system and to develop a new participating agency agreement governing the new system. 1.5 Next Generation Reeional Communication System ("NextGen RCS"). The transition from the existing RCS to the NextGen RCS is to be implemented and facilitated by this NextGen RCS Agreement and will occur over the course of approximately five years as follows: The County intends to issue the Request for Proposals for the NextGen RCS ("NextGen RFP") near the middle of calendar year 2014, close NextGen RFP responses by end of calendar year 2014, and award the NextGen RCS Contract in mid-2015. It is further anticipated that while performance on the NextGen RCS Contract will begin shortly thereafter, infrastructure and equipment replacement of the RCS by the NextGen RCS will begin in early 2016. It is anticipated that NextGen RCS installation will be completed in late 2018. 1.6 NextGen RCS Agreement: Purpose. The purpose of this NextGen RCS Agreement is to establish a degree of certainty among all Parties to the 1995 RCS Agreement and additional parties as to participation and partnership in the NextGen RCS. Such degree of certainty is necessary because the County, as the contracting and administering entity, must issue the Request For Proposals ("NextGen RCS RFP") in 2014, and the scope of work, funding and financing discussions require a framework for participation be in place. This NextGen RCS Agreement also provides incentive for 1995 RCS Parties to execute this NextGen RCS NextGen RCS Agreement Page 2 of 19 December 3, 2013 Agreement and become NextGen RCS Parties, indicating their good faith intention to participate, by establishing late joining penalties as set forth in section 3 of this NextGen RCS Agreement. 1.7 Transition from 1995 RCS Agreement. The purposes of this NextGen RCS Agreement include establishing participation in the sharing of NextGen RCS Shared Backbone Infrastructure costs and NextGen RCS governance. Given that the transition from the RCS to the NextGen RCS will occur in stages and over time, the NextGen RCS Parties agree that the 1995 RCS Agreement shall continue to be operative and govern the operation, maintenance, governance and administration of the RCS system until such time as the 1995 RCS Agreement expires in 2016, except as follows: This NextGen RCS Agreement will govern with respect to matters pertaining to setting NextGen RCS performance objectives, NextGen RCS implementation planning, and other matters that may relate to the NextGen RCS after transition from the RCS is complete. Upon expiration of the 1995 RCS Agreement, this NextGen RCS Agreement shall govern the RCS as it evolves to the NextGen RCS. Thus, from the execution of this NextGen RCS Agreement to the expiration of the 1995 RCS Agreement, there will be, to the extent required by the foregoing, dual governance structures, including dual boards of directors, which may or may not have members in common. 1.8 NextGen RCS Agreement: Authority. On December3, 2013 (Item No. 6), the Board of Supervisors authorized the Clerk of the Board to execute this NextGen RCS Agreement on behalf of the County. Each other NextGen RCS Party was authorized to enter into this NextGen RCS Agreement as indicated on their individual signature page. 2. NEXTGEN RCS OVERVIEW 2.1 1995 RCS. The RCS replaced the participating public service and public safety agencies' existing radio communication systems throughout San Diego and Imperial counties with what was at the time a modern, trunked radio system. 2.2 NextGen RCS. The NextGen RCS will replace, modernize and update the RCS and shall provide effective and reliable voice radio communications for routine intra- and inter- agency operations as well as inter -agency communications throughout the region during mutual aid and disaster operations. The NextGen RCS will include the following subsystems: a new trunked voice system, new microwave backhaul network, and a conventional voice system. 2.2.1 Trunked Voice System Description. The Trunked Radio System consists of the radio transmission equipment located at remote radio sites and the centralized system networking and management equipment necessary to provide voice radio services to the participating agencies in the RCS service area. NextGen RCS Agreement Page 3 of 19 December 3, 2013 2.2.2 Microwave Backhaul Network Description. The Microwave Backhaul Network consists of the point-to-point radio and data switching equipment necessary to interconnect the sites where components of the trunked radio system and conventional radio systems (network hub and remote radio sites) are located. 2.2.3 Conventional Voice System Description. The Conventional Voice System consists of non-trunked ("conventional") radio base station equipment installed at remote radio sites to support voice radio communications between users of the RCS trunked radio system and non -RCS user agencies as required in day-to-day, mutual aid and disaster operations. The conventional voice system also provides limited backup voice communications capability in the event of a trunked system failure. 2.3 "Public Safety" and "Public Service" Agencies Defined 2.3.1 Public Safety agencies include all public law enforcement, fire service, EMS and disaster preparedness agencies in San Diego County and Imperial County. 2.3.2 Public Service agencies includes the State of California Department of Transportation (Caltrans) District 11 and other participating public agencies in the counties of San Diego and Imperial whose primary responsibility is providing citizens with services other than law enforcement, fire service, EMS, and disaster preparedness. Public Service agencies may also include Private -Non -Profit agencies operating under an agreement with a public agency. 2.4 Mutual Aid Communications. All law enforcement, fire service, EMS, disaster preparedness and participating public service agencies in San Diego County and Imperial County shall have access to mutual aid communications capabilities. 3. NEXTGEN RCS PARTICIPATION PARAMETERS AND CONTINGENCIES 3.1 Time Is Of The Essence. Due to the aging of the RCS, time is of the essence in the deployment of the NextGen RCS. Due to the anticipated construction time, the County intends to issue the NextGen RFP near the middle of calendar year 2014, close NextGen RFP responses by the end of 2014, and award the NextGen Contract in mid-2015. In order to provide a measure of confidence that there will be a certain level of participation and sharing in the NextGen RCS Shared Infrastructure Cost (See section 11.2), and to provide a minimal degree of certainty to the County of San Diego before it undertakes the extensive task of preparing and issuing a request for proposals or other form of solicitation to potential vendors of the NextGen RCS, the County has asked, and the NextGen RCS Parties have agreed to the participation parameters herein. NextGen RCS Agreement Page 4 of 19 December 3, 2013 3.2 Signing Deadline. 1995 RCS Parties and other local governments and agencies that desire to be NextGen Parties must sign this NextGen RCS Agreement no later than March 31, 2014. 3.3 Late Signers: Penalties. 1995 RCS Parties or other local governments or agencies who have not signed the NextGen RCS Agreement by March 31, 2014 will be allowed to later sign onto the NextGen RCS Agreement and become NextGen RCS Parties during the period April 1, 2014 to July 31, 2014; however, such late -joining NextGen RCS Parties ("late signers") will pay their NextGen RCS Shared Infrastructure Cost they would have paid had they executed this NextGen RCS Agreement by March 31, 2014, lus a late penalty amounting to 15% of the original participation share. Penalty fees will be handled according to Section 3.5. 3.3.1 1995 RCS Parties or other local governments or agencies who have not signed the NextGen RCS Agreement by July 31, 2014, will be allowed to sign onto the NextGen RCS Agreement and become NextGen RCS Parties until January 1, 2015; however, such late - joining NextGen RCS Parties (also "late signers") will pay the NextGen RCS Shared Infrastructure Cost they would have paid had they executed this NextGen RCS Agreement by March 31, 2014, gins a late penalty amounting to 25% of the original participation share. 3.4 Final Cut Off. No 1995 RCS Parties or other local governments or agencies will be allowed to sign onto the NextGen RCS Agreement and become NextGen RCS Parties after January 1, 2015. 3.5 Disposition of Penalties Collected. Late penalties will be deposited to the NextGen RCS Trust Fund. 3.6 Financing. For NextGen RCS Parties that choose not to pay their share of the total NextGen RCS Shared Infrastructure Cost in total within sixty days of the issuance of the revised Exhibit C and prior to contract award, which is anticipated to occur in the spring or summer of 2015, a financing mechanism will be determined and made available by the County. Nothing in this section prohibits any NextGen RCS Parties from pursuing and obtaining their own financing. Payment and financing agreements will be separate and apart from this NextGen RCS Agreement. Financing mechanisms will not be available to pay for late signing penalties. 3.7 Contingencies. To facilitate the execution of this NextGen RCS Agreement, it is understood that a NextGen RCS Party may choose to be excused from performing under this NextGen RCS Agreement if any of the following contingencies are not met: 3.7.1 Vendor Contract — A contract must be awarded pursuant to the County's NextGen RCS RFP or other solicitation. NextGen RCS Agreement Page 5 of 19 December 3, 2013 3.7.2 County Funding. Funds for the County to undertake the NextGen RCS project must exist. 3.7.3 Actual Shared Infrastructure Costs. The total NextGen RCS Shared Infrastructure Costs, as determined by the vendor contract, does not exceed the budgetary estimate in Exhibit C by more than 10 percent (10%). 4. SCOPE OF AGREEMENT; CERTAIN REQUIREMENTS 4.1 NextGen RCS Parties. The purpose of the NextGen RCS and NextGen RCS Agreement is to provide a next generation communications system that provides optimum service to the NextGen RCS Parties. To that end, the NextGen RCS will be designed to provide optimum required service. Additionally, the NextGen RCS Parties, while executing this NextGen RCS Agreement, do not intend to cede any of their constitutional or statutory autonomy. 4.2 Freauencv Licensing Or Transfer. NextGen RCS Parties shall co -license or transfer their currently allocated 800 MHz frequencies to the County of San Diego for use in the NextGen RCS. 5. NEW NEXTGEN PARTIES Si "New Parties" are defined as public safety and public service agencies that are not "1995 RCS Parties". New Parties will be allowed to participate in this agreement and become a NextGen RCS Party. S.2 If participation by a New Party requires enhancement or expansion of coverage beyond what is provided by the existing RCS on the effective date of this NextGen RCS Agreement, the New Party shall pay the costs associated with such enhancement or expansion, separate and apart from the financial responsibilities addressed in this NextGen RCS Agreement. 5.3 For informational purposes only that may be of benefit to the 1995 Parties, the County has identified potential New Parties and they are listed in Exhibit D. 6. NEXTGEN RCS PERFORMANCE REQUIREMENTS 6.1 Reliability. The NextGen RCS shall be designed to provide a high level of redundancy and reliability to support mission critical public safety communications. The overall system availability design objective shall be 99.999%. (Note: 99.999% system availability is the public safety "best practice" design objective; it is not a formally adopted standard.) NextGen RCS Agreement Page 6 of 19 December 3, 2013 6.2 Design Obiectives. The NextGen RCS design objectives for the performance of portable and mobile voice and the quality of coverage provided shall be determined by the NextGen RCS Board of Directors and appropriate County of San Diego staff. 6.3 Loading Requirements. The NextGen RCS shall be designed to meet the loading requirements of the anticipated busiest hour for all planned users over the 11fe of the system. 6.4 Coverage Plan. The goal of the NextGen RCS is to provide the same general coverage footprint as is provided by the existing RCS and to correct existing deficiencies where practicable. The actual NextGen RCS radio service coverage plan shall be determined by a NextGen RCS Project Management Office to be created by the Sheriff's Department and with the consultation of the NextGen RCS Board of Directors. 7. NEXTGEN RCS ACCESS PRIORITIES 7.1 User Prioritization. In the event that all radio channels in the RCS are busy, users wanting to speak shall be prioritized as follows, regardless of how long they have been waiting: 7.1.1 Priority One - Emergency identification. An Emergency Identification is defined as the message received when a public safety member calls for immediate assistance by activating an emergency button or switch on the user radio equipment. 7.1.2 Priority Two - Public Safety 7.1.2.1- Public Safety includes the normal daily radio transmissions of law enforcement, fire service, paramedic providers and disaster preparedness personnel using the RCS. 7.1.2.2 - Public Safety also includes RCS users whose normal lower priorities have been temporarily changed to resolve an unusual occurrence or large scale disaster. 7.1.3 Priority Three - Non -Public Safety. Special Event. Non -Public Safety, Special Event includes planned events involving public service agency participants that are beyond the scope of their normal daily operations. 7.1.4 Priority Four - Non -Public Safety. Regular. Non -Public Safety, Regular includes the normal daily radio transmissions of public service agencies using the system. 8. NEXTGEN RCS GOVERNANCE; CONTINUED RCS GOVERNANCE 8.1. Limited Period Of Concurrent Governance. It is the intent of the NextGen RCS Parties that there shall be concurrent operation of, and governance by, this NextGen RCS NextGen RCS Agreement Page 7 of 19 December 3, 2013 Agreement and the 1995 RCS Agreement during the construction of the NextGen RCS, as set forth in Section 1.7 above. 8.2 General NextGen RCS Governance Structure. The County of San Diego Sheriffs Department will operate and maintain the NextGen RCS. Other departments of the County of San Diego will provide support as necessary. As the governing body for the County, the Board of Supervisors shall have ultimate fiscal and operational control over the NextGen RCS and shall be ultimately responsible for the overall administration and direction of the RCS through interaction with the NextGen RCS Board of Directors, the assigned San Diego County staff and the NextGen RCS Parties. 9. NEXTGEN RCS BOARD OF DIRECTORS 9.1 Reuresentation. There shall be a NextGen RCS Board of Directors, subject to the Ralph M. Brown Act (California's Open Meeting Law), that shall be the advisory body to the Board of Supervisors with respect to matters concerning the NextGen RCS, and shall make recommendations to the Board of Supervisors that serve the interest of all NextGen RCS Parties. Except as noted below, the Board of Directors shall be composed of 10 (ten) directors representing public safety and public service agencies as outlined below: County of San Diego (ONE) City Manager (ONE) San Diego County Sheriffs Department (ONE) San Diego County Municipal Police Department (ONE) San Diego County Fire Agencies (TWO) Imperial Valley Emergency Communications Authority (TWO) State of California Department of Transportation (ONE) Schools Group (ONE)(Schools Group membership on the Board requires that at least four school districts are NextGen RCS Parties) 9.2 Members. Members of the NextGen RCS Board of Directors shall be determined in the following manner, according to the type of agency. NextGen RCS Agreement Page 8 of 19 December 3, 2013 9.2.1 County of San Diego. The representative for the County of San Diego shall be the Deputy Chief Administrative Officer for Public Safety or his/her designee, preferably the Director of the Office of Emergency Services. 9.2.2 City Manager. The City Manager representative shall be a City Manager of a NextGen RCS agency selected by the San Diego City/County Managers Association. 9.2.3 Sheriffs Department. The delegate from the San Diego Sheriff's Department shall be the Sheriff or the Sheriff's designee. 9.2.4 Police. The municipal police representative shall be a police chief or designate from a NextGen Party municipal police department who shall be selected by the San Diego County Police Chiefs' and Sheriffs Association. 9.2.5 Fes. The two fire service representatives shall be fire chiefs or designees from NextGen RCS Party fire departments or fire services who shall be selected by the San Diego County Fire Chiefs' Association. 9.2.6 Imperial Valley Emergency Communications Authority ("IVECA"l. IVECA shall designate two members of its Board of Directors to serve on the NextGen RCS Board of Directors. 9.2.7 Caltrans. The representative for Caltrans shall be selected by appropriate state authority. 9.2.8 Schools Group. The representative from the RCS Schools Group shall be selected by mutual agreement (or majority vote) of the superintendents of the member school districts. 9.3 Responsibilities of the NextGen RCS Board of Directors. Responsibilities shall include but not be limited to: • Adopting by-laws to govern the NextGen RCS Board of Director's internal operations, consistent with the provisions of this Agreement. • Meeting quarterly or more frequently, if necessary. • Developing and approving NextGen RCS operating policies and procedures. • Identifying participating agency needs and requirements. • Addressing concerns of participating agencies. NextGen RCS Agreement Page 9 of 19 December 3, 2013 • Reviewing and adopting recommendations regarding the establishment of system priorities and talk groups. • Establishing subcommittees as necessary to ensure the interests and concerns of NextGen RCS Parties are represented and to ensure technical issues are thoroughly researched. • Formulating the annual budget and submitting it to the County Board of Supervisors, via the Sheriffs Department, for approval. • Monitoring the implementation of the NextGen RCS. • Conducting programmatic reviews. • Overseeing the establishment of long range plans. • Making recommendations to the County Board of Supervisors. • Making recommendations concerning the approval of customer contracts and rates for NextGen RCS services. 9.3.1 Board Transition. As set forth in Section 1.6 and 1.7, upon expiration of the 1995 RCS Agreement, the NextGen RCS Board of Directors shall have all the responsibilities set forth in this section also with respect to the RCS as it transitions to the NextGen RCS. 9.4 NextGen RCS Board of Directors Terms and Qualifications 9.4.1 Written Desiination. Members of the NextGen RCS Board of Directors ("NextGen RCS Directors") shall be designated in a writing submitted to the Sheriffs Department by their respective NextGen RCS Party appointing authority. The term for each NextGen RCS Director shall be determined by her or his respective appointing authority provided, however, that each NextGen RCS Director shall at all times be an incumbent of a NextGen RCS Party. All NextGen RCS Directors serve at the pleasure of their appointing authority. 9.4.2 Alternates. The NextGen RCS Party appointing authority shall also select an alternate to the NextGen RCS Directors. Alternate members are encouraged to attend NextGen RCS Agreement Page 10 of 19 December 3, 2013 regular Board of Directors meetings, but shall vote only in the absence of the primary NextGen RCS Director. No proxy voting is allowed. 9A.3 Chairperson and Vice-Chaimerson. The Chairperson and a Vice Chairperson of the NextGen RCS Board of Directors shall be biennially elected by a majority vote of the NextGen RCS Directors. The Chairperson and Vice Chairperson shall serve at the discretion of a majority of the NextGen RCS Directors, i.e., they may be replaced at any time by a majority vote of the NextGen RCS Directors. The Chairperson and Vice -Chairperson shall be selected from members representing NextGen RCS Parties other than IVECA, Caltrans and the Schools Group. For a NextGen RCS Board of Directors meeting to occur, either the Chairperson or Vice -Chairperson, and not their alternates, must be present. 9.5 Attendance at NextGen RCS Board of Directors meetings 9.5.1 NextGen RCS Directors are expected to attend all possible meetings to represent their group interests and to help conduct NextGen RCS business. Arrangements should be made for the alternate to attend in the absence of the primary representative. 9.5.2 The NextGen Board of Directors shall develop and promulgate a policy relating to attendance and absences by Directors and alternates. 9.5.3 Resignation from the NextGen RCS Board of Directors shall be submitted in writing to the chairperson and to the appointing authority. 9.6 NextGen RCS. Board of Directors Voting 9.6.1 Members of the NextGen RCS Board of Directors and committees formed by NextGen RCS Board of Directors ("committees") shall vote on all items on the basis of one vote per member. 9.6.2 A quorum for the conduct of business exists when six (6) of the members are present at NextGen RCS Board of Directors meetings and three (3) of the six present represent NextGen RCS Parties other than IVECA, Caltrans or the Schools Group. 9.6.3 For any action to be taken by the Board of Directors, the vote in favor of the action must be a majority vote of the members of the Board of Directors present. 10. SHERIFF'S DEPARTMENT; WIRELESS SERVICES DIVISION 10.1 Sheriffs Wireless Services Division ("WSD") staff shall serve as advisors and staff to the NextGen RCS Board of Directors. The Manager of the WSD shall serve as the NextGen RCS Manager. NextGen RCS Agreement Page 11 of 19 December 3, 2013 10.2 WSD staff shall manage the day-to-day operation and maintenance of the NextGen RCS subject to direction from and review by the NextGen RCS Board of Directors. 10.3 WSD staff shall provide support as necessary, but shall not have a voting right on any business before the NextGen RCS Board of Directors. 10.4 WSD staff shall perform the functions necessary to ensure that specific system performance guarantees are maintained throughout the term of the agreement. 10.5 WSD Manager. As the manager and operator of the NextGen RCS, the Sheriffs Department, and more specifically the WSD manager and staff, shall have the responsibility to: 10.5.1 Implement the NextGen RCS. 10.5.2 Seek NextGen RCS Board of Directors approval of major policy decisions. 10.5.3 Develop contracts with vendors. 10.5.4 Provide appropriate staff support to the NextGen RCS Board of Directors. 10.5.5 Retain employees and agents. 10.5.6 As authorized and limited by the County, acquire, hold or dispose of property necessary to operate the NextGen RCS. 10.5.7 Charge participating agencies for expenses incurred in ongoing maintenance and operation of the NextGen RCS. 10.5.8 Implement policy a set by the County, the Sheriff and the NextGen RCS Board of Directors. 10.5.9 Monitor and maintain NextGen RCS performance. 10.5.10 In conjunction with the NextGen RCS Board of Directors, develop and recommend the annual NextGen RCS budget to the County Board of Supervisors. 10.5.11 Reassign NextGen RCS priorities in extraordinary circumstances and make emergency repairs as required. 10.5.12 Provide information and support as necessary to the NextGen RCS Board of Directors. 10.5.13 Provide operating reports and technical information as necessary to assist the NextGen RCS Board of Directors. NextGen RCS Agreement Page 12 of 19 December 3, 2013 10.5.14 Establish and maintain accounts and records, including personnel, property, financial, programmatic and other records deemed necessary by the NextGen RCS Board of Directors to ensure proper accounting for all ongoing operations and maintenance costs. 10.5.15 Use the records to justify any recommended adjustments to agency monthly operating charges. 10.6 Notice of WSD Staff Changes. The Sheriff's Department shall provide the NextGen RCS Board of Directors timely advance notice of impending personnel changes affecting any management staff assigned NextGen RCS responsibilities. 11. INFRASTRUCTURE, EQUIPMENT, SERVICES AND FISCAL ELEMENTS 11.1 Infrastructure. The NextGen RCS shall be divided into two infrastructure components: (a) the "shared backbone infrastructure" and (b) the participating agencies' infrastructure and equipment. These two parts are divided by a "line of demarcation" at the NextGen RCS network connection, which is the microwave network or common carrier termination point(s) used to interconnect the agency's radio consoles and other electronic communications devices to the RCS network. 11.2 NextGen RCS Shared Backbone Infrastructure Costs. The NextGen RCS Shared Backbone Infrastructure Cost is defined as the total cost of the equipment and services required to plan, design, procure and implement a P25 Trunked Voice Land Mobile Radio System, Microwave Transport Network, and Mutual Aid Conventional Radio System. NextGen RCS Shared Backbone Infrastructure costs shall not include agency equipment or services used to connect to the NextGen RCS (such as agency owned microwave transport or leased commercial connectivity), dispatch center equipment, and subscriber radios (mobile, portable, control stations) and ancillary devices. 11.3 NextGen RCS Shared Backbone Infrastructure Cost Apportionment — Imperial County Agencies. The NextGen RCS shall support NextGen Parties In both San Diego County and Imperial County. In 1995, local government entities in Imperial County formed the Imperial Valley Emergency Communications Authority (IVECA). IVECA was formed as a Joint Powers Authority to provide public safety communications services to the residents of the County of Imperial and its constituent cities. NextGen RCS Backbone Infrastructure costs for Imperial County sites, except as noted in 11.3.2, shall be the responsibility of IVECA. 11.3.1 IVECA shall bear the full cost of and retain ownership of all infrastructure installed in Imperial County which primarily supports IVECA agencies. IVECA shall also bear the NextGen RCS Agreement Page 13 of 19 December 3, 2013 cost for any software and licenses required to operate the IVECA infrastructure on the NextGen RCS. 11.3.2 Costs for infrastructure installed at the two NextGen RCS sites that border the two counties, Hendrix Peak and Superstition Mountain, will be apportioned between San Diego County infrastructure costs and IVECA infrastructure costs based on talk group usage ratio calculated for calendar year 2013. 11.3.3 IVECA shall be responsible for paying a proportional cost of the "RCS Core" infrastructure equipment. The "RCS Core" is comprised of the computers networking devices that manage and control the NextGen RCS. The proportion shall be based on the same formula used to determine proportional costs for all SD County participating agencies (the average number of subscriber radios each participating agency had active on the RCS on September 1, 2013 and July 1, 2014 based on RCS billing invoices. The average number of radios on the system on those dates will be measured against the total number of all participating agency subscriber radios.) 11.3.4 The Request for Proposals issued by the County shall require responding vendors to include a proposal for separate vendor financing for IVECA. 11.3.5 IVECA may be excused from performance under this NextGen RCS Agreement if IVECA is unable to obtain financing on terms acceptable to IVECA. 11.4 San Diego County Agencies; Cost apportionment. NextGen RCS Shared Backbone Infrastructure costs for San Diego County governments and agencies that are NextGen RCS Parties but that are not members of the Imperial Valley Emergency Communications Authority are as follows: 11.4.1 The NextGen RCS Parties agree that they must pay a proportional cost of the NextGen RCS Shared Backbone Infrastructure costs. 11.4.2 NextGen RCS Parties further agree that they shall be responsible for paying their one-time NextGen RCS Shared Backbone Infrastructure Cost as determined by the apportionment model in Exhibit C, including any penalties for late signing, and any financing cost. 11.4.3 Total cost for the NextGen RCS Shared Backbone Infrastructure supporting San Diego County will be divided among all San Diego County NextGen RCS Parties. The portion of the total cost allocated to each NextGen RCS Party will be based on the number of radios each NextGen RCS Party has on the RCS, i.e., the "Radio Inventory Method" ("RIM"). In order to provide NextGen RCS Parties a pre -RIM calculation opportunity to make bona fide NextGen RCS Agreement Page 14 of 19 December 3, 2013 adjustments to their radio inventories based on their respective individual agency requirements, the RIM calculation will be done as follows: • Each NextGen RCS Party's radio inventory for purposes of the RIM calculation will be an average of the number of subscriber radios each NextGen RCS Party had on the RCS on September 1, 2013 and July 1, 2014. The average number of radios over those two dates will be measured against the total number of all participating agency subscriber radios. • If two or more agencies consolidate, the active radio quantities will be combined from each agency for the two dates listed above. • For New Parties that did not have radios on the RCS prior to or on September 1, 2013, their radio inventory for purposes of the RIM calculation will be determined by a review of the New Party's requirements for radio communications services on the NextGen RCS in the future. The review shall be conducted by County staff and presented to the RCS Board of Directors for approval. 11.4.4 Subscriber Radio Inventory Reductions. Radios deactivated from the RCS between May 1, 2013, and July 1, 2014, will be permanently deprogrammed from the RCS and will not allowed to be reactivated for use on the RCS or NextGen RCS except as direct one- to-one replacements for radios that are lost or become nonfunctional. 11.5 Final Cost Apportionment Totals. After all NextGen Parties have signed the agreement and after the final contract amount for the NextGen system has been determined, the County will issue an amendment to this agreement to update Exhibit C. (See section 14.3.) The amended Exhibit C will provide the final cost apportioned to each NextGen Party for shared infrastructure costs based on the final contract cost and total number of radios (to calculate the cost per radio). Exhibit C will include the September 1, 2013 and July 1, 2014 radio inventory totals for each agency and the final average. 11.6 Connection Costs: Maintenance. All NextGen RCS Parties, including both San Diego County and IVECA agencies, are responsible for all costs associated with procuring and installing the equipment necessary to connect to the NextGen RCS network and infrastructure and ongoing costs of connecting to the NextGen RCS. This shall not include maintenance of agency -owned microwave equipment used to connect to the NextGen RCS network which will be performed by the Sheriffs Department as a component of the NextGen RCS microwave network (supported by the NextGen RCS monthly operating fees). NextGen RCS Agreement Page 15 of 19 December 3, 2013 11.6.1 Maintenance and other costs associated with the provision of primary and back up electrical power and other facility related costs in support of agency owned equipment shall be the responsibility of the agency. 11.7 Agency. Subscriber and Dispatch Equipment. Subscriber and dispatch equipment are not part of the backbone infrastructure. The costs of purchasing, operating, and maintaining P25 compatible radio equipment, P25-compatible dispatch equipment, and any ancillary agency equipment is the sole responsibility of NextGen Parties. 11.8 Monthly Operating Fees 11.8.1 The costs of ongoing operations and maintenance of the trunked voice radio system, microwave network, and conventional radio systems shall be allocated to the participating agencies on a per radio basis. 11.8.2 The cost per radio shall be limited to those radios used on the NextGen RCS during normal operations. 11.8.3 Radios temporarily added by an agency to handle a disaster or emergency shall not be a part of determining the agency's ongoing NextGen RCS costs unless the radios are retained for normal operations following resolution of the disaster or emergency. 11.8.4 The monthly per -radio network operating fee shall be in effect for a period of one year and shall be adjusted annually to reflect actual costs. 11.9 Other Fees. User fees for as -needed services such as programing and de - programing radios, training, or other services may be implemented by the NextGen RCS Board of Directors as required. 11.10 NextGen RCS Reserve "Trust Fund" 11.11.1 The RCS TRUST FUND was established by the Board of Supervisors on June 19, 2001 (14) for the purpose of having funds available for contingencies and future RCS upgrades, enhancements and eventual replacement. 11.12.2 Reserve funds, including interest, shall be maintained in the RCS Trust Fund. 11.13.3 All excess monthly operating fee revenue shall be transferred to the RCS Trust Fund at the close of each fiscal year. NextGen RCS Agreement Page 16 of 19 December 3, 2013 11.14.4 Other revenue from non-parties shall either be used for NextGen RCS operations or may be directed to the RCS Trust Fund upon recommendation of the NextGen RCS Board of Directors and approval of the Board of Supervisors. 11.15.5 The NextGen RCS Board of Directors shall recommend to the Board of Supervisors the disbursement of money from the RCS Trust Fund as required. 12. PURCHASE OF NEXTGEN COMPATIBLE EQUIPMENT BY NEXTGEN PARTIES 12.1 Compatibility of Equipment Purchased By NextGen RCS Parties. It is the responsibility of each NextGen RCS Party to ensure that when purchasing equipment to connect to the NextGen RCS that such equipment is compatible. The NextGen RCS will be a "standards based" P25 system which is compatible with subscriber radios and dispatch consoles from numerous manufacturers provided the equipment has been tested and certified as being P25 compliant. NextGen RCS Parties may submit the specifications of equipment they intend to purchase to the WSD for back up verification of compatibility. However, the County bears no responsibility for the purchase of incompatible equipment. 12.2 Contract "Piggvbackine". The County agrees that it will endeavor to include a "piggyback clause" in contracts into which it enters that involve NextGen RCS equipment. For purposes of this NextGen RCS Agreement, a "piggyback clause" means written permission for other government agencies to enter into contracts with the vendor on equally favorable or better terms and conditions. 13. TERM OF AGREEMENT 13.1 The term of the Agreement is for twenty (20) years from the date of this Agreement. 14. AGREEMENT MODIFICATION; ENTIRE AGREEMENT 14.1. Except as otherwise provided herein, all changes to the NextGen RCS Agreement may only be amended in writing with the approval of the governing bodies of all parties to this NextGen RCS Agreement. Prior to processing an amendment, a recommendation shall be requested from the NextGen RCS Board of Directors. 14.2. Except as otherwise provided herein, this NextGen RCS Agreement constitutes the entire agreement of the parties and any previous oral or written agreements are superseded by this NextGen RCS Agreement except as provided for in this NextGen RCS Agreement, except to the extent that (1) State or Federal agencies may require standard form contracts incorporating the terms of this NextGen RCS Agreement, (2) supplemental agreements may be required NextGen RCS Agreement Page 17 of 19 December 3, 2013 relating to IVECA, and (3) separate agreements may be required related to financing and frequency licensing or transfer. 14.3 Exhibit C Revisions. Notwithstanding any other provision of this NextGen RCS Agreement, including but not limited to section 14.1, the NextGen Parties agree that, when final system costs are known, the County is authorized by the NextGen RCS Parties to amend Exhibit C of this NextGen RCS Agreement to reflect the final system costs in accordance with the cost apportionment method described in section 11. The NextGen Parties agree that the final Exhibit C as amended by the County and in accordance with the apportionment method described in section 11 (see, in particular, section 11.5) shall be the legally -binding Exhibit C to this NextGen RCS Agreement without further approval by the NextGen RCS Parties. The County shall distribute the amended final Exhibit C to the NextGen RCS Parties. 15. TERMINATION BY A NEXTGEN RCS PARTY OF ITS PARTICIPATION 15.1 Notice. In order to terminate participation prior to the end of the TWENTY year term, the withdrawing agency must provide to the NextGen RCS Board of Directors and the Sheriffs Department no Tess than a one year written notice of intent to terminate participation. In the event there are extensions to the NextGen RCS Agreement, written notice of termination must be given no less than 120 days prior to the end of the extension. 15.2 Conditions. of Termination. A NextGen RCS Party may terminate pursuant to Section 15.1 on the following conditions: 15.2.1 The terminating NextGen RCS Party must return to the Sheriff's Department all County -purchased equipment unless the Sheriffs Department determines otherwise. 15.2.2 The terminating NextGen RCS Party is responsible for any and all NextGen RCS debts attributable to that NextGen RCS Party, regardless of extra -contractual consequences of termination, including but not limited to breach by the terminating NextGen Party of its own financing obligations or CSA 135 obligations. 15.2.3 If a terminating NextGen RCS Party brought frequencies to the NextGen RCS, the terminating NextGen Party and the NextGen RCS Board of Directors shall negotiate in good faith a settlement that either returns the same or equivalent operable frequencies to the terminating NextGen Party, or provides equitable compensation if frequencies are left with the NextGen RCS. NextGen RCS Agreement Page 18 of 19 December 3, 2013 16. GOVERNING LAW This NextGen RCS Agreement shall be governed, interpreted, construed and enforced in accordance with the laws of the State of California. 17. DISPUTE RESOLUTION NextGen RCS Parties shall meet, confer and attempt in good faith to resolve any disputes involving performance under this NextGen RCS Agreement. Disputes that are not resolved by the NextGen RCS Parties shall, upon written request by any one of the NextGen RCS Parties involved in the dispute, be submitted to non -binding mediation by a mediator agreed upon by the NextGen RCS Parties involved in the dispute. If the NextGen RCS Parties involved in the dispute cannot agree on a mediator, they shall ask the American Arbitration Association to appoint a mediator. Each party shall bear its own costs of participating in the mediation. 18. SIGNATURE PAGES Each signature page shall include a description and reference to the source of authority for the person who is signing to execute contracts on behalf of their NextGen RCS Party. This NextGen RCS Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same agreement. NextGen RCS Agreement Page 19 of 19 December 3, 2013 Signature Page to NextGen RCS Agreement Name of Party: County of San Diego Party Authorization and Acceptance On December 3. 2013 (Date), Item or Agenda No. ., the San Dieao County Board of Supervisors (Name of Governing Body) Authorized the Undersigned to Accept, Agree to and Execute This NextGen RCS Agreement on behalf of the County of San Dieao (Name of Party) As reflected in the attached Minute Order or similar documentation of the action taken. Typed Name and Title of Authorized Party Official: Thomas J. Pastuszka Clerk of the Board of Supervisors Signature of Authorized Party Official: �{�) Date of Signature: 1.2..1. i' Approv-d a t. form and legality Cou ons-I 4101(11► Senior Deputy Signature Page to NextGen RCS Agreement Name of Party: Party Authorization and Acceptance On (Date), Item or Agenda No. the (Name of Governing Body) Authorized the Undersigned to Accept, Agree to and Execute This NextGen RCS Agreement on behalf of the (Name of Party) As reflected in the attached Minute Order or similar documentation of the action taken. Typed Name and Title of Authorized Party Official: Signature of Authorized Party Official: , , , , . , , Date of Signature: List of Exhibits Exhibit A San Diego County -Imperial County Regional Communications System Agreement of March 7, 1995 Exhibit B 1995 RCS Parties Exhibit C Estimated RCS NextGen System Cost. (includes Exhibit C-1, C-2, and C-3) Exhibit C-1 Cost Apportionment for San Diego County Shared Infrastructure Per Party Exhibit C-2 Cost Apportionment for RCS NextGen Core (Portion of the Shared infrastructure Cost) Exhibit C-3 Cost Apportionment for the Combined infrastructure and RCS NextGen Core Exhibit D Potential New RCS NextGen Parties NextGen RCS Agreement December 3, 2013 Exhibit A "San Diego County -Imperial County Regional Communications System Agreement of March 7, 1995" NextGen RCS Agreement December 3, 2013 Exhibit A San Diego County — Imperial County Regional Communications System Agreement Between the County of San Diego and Participating Cities and Jurisdictions Regarding the Implementation, Governance, Method of Funding and Costs of a Regional Radio System Providing Communication Services to Public Safety and Public Service Agencies Operating in San Diego County and Imperial County. March 7, 1995 eon wage Caunty-IrprhiCeotp San Diego County - Imperial County REGIONAL COMMUNICATIONS SYSTEM AGREEMENT Table of Contents SECTION SUMMARY PAGE 1. Purpose and intent of Agreement 2. Regional Comnwnlcations System (RCS) Overview 3. Agreement Contingencies 4. RCS Participants 6. Additional Participants 1 2 2 2 6. Performance Requirements 3 7. RCS Access Priorities 3 8. RCS Governance 3 S. Roles and Responsibilities 4 10. RCS Member Board 4 11. RCS Bowl of Directors 5 12. Representation on the RCS Board of Director 7 13. RCS Board of Directors Terms and Qual/ilcations 8 14. Attendance and Participation by the Public 9 15. RCS Voting Requirements 9 15. Department of lnforrnatlon Services Support Staff Role 9 17. Agency Costs and CSA Benefit Charges 10 18. Point of Demarcation - Responsibility of Equipment 13 19. Purchase of RCS Compatible Equipment 13 20. Term of Agreement; Entire Agreement 13 21. Agreement Modification 13 22. Termination of Agreement 14 23. Binding Arbitration 14 Signatures Authorizing Signatures of Governing Parties 15 -18 Exhibit "A" Parties to the Agreement Exhibit "B" Estimated Agency One -Thee Costs (Voice and Data) Exhibit "C" Example of Estimated Post Agreement Start-up Costs Exhibit "D" RCS Governance Structure Flow Chart San Diego County-- imperial County REGIONAL COMMUNICATIONS SYSTEM Particlnating Agency Agreement 1. Purpose and intent of Agreement 1.1. This Memorandum of Agreement dated as of March 7, 1995, between the parties named in Exhibit "A' and the County of San -Diego, a political subdivision of the State of California, provides for the development and operation of a Regional. Communications System (RCS) benefiting the radio• communication needs of public safety and public service attendee operating in the counties. of San Diego and Imperial. 1.2. Nothing in this Agreement is intended to lessen participating member. jurisdictions' authority over and responsibility for events occurring within their Jurisdiction. 1.3. . In order to provide an altemate source of funding for agencies participating in the RCS, the County of San Diego has formed County Service Area (CSA) 135 pursuant to Government Code (GC) Section 25210.1' et. seq. 1.4. For participating agencies deciding to use CSA 135 to fund their system costs, the County intends to levy parcel charges according to benefit per §25210.77a GC. NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 2. Regional Communications System (RCS) Overview 2.1. The RCS will replace the participating public service and public safety agencies' existing radio communication systems throughout San Diego and Imperial counties with a modem, trunked radio system. 2.2. The RCS will include a separate Mobile Data System (MDS) that will be used to transmit data for regional public safety and public service users over 800 MHz radio frequencies dedicated to that purpose. Participation in the MDS Is not mandatory, and the MDS coverage area will be subject to agency participation. 2.3. The RCS shall provide effective and reliable radio communications for routine intra-agency operations as well as inter -agency communications throughout the region during mutual aid and disaster operations. Public safety and public service agencies throughout the counties of San Diego and Imperial will have the opportunity to join the RCS. 2.4. For the purposes of this Agreement, Public Safety and Public Service agencies are defined to include: Participating Agency Agreement S Olye Comb .10.1,14COMq Rapid Ca wages r.syKrn 2.4.1. Public Safely includes all law enforcement, fire service, EMS and disaster preparedness agencies in San Diego County and Imperial County. 2.4.2. Public Service includes the State of Califomia Department of Transportation (CALTRANS) District 11 and other participating agencies in the counties of San Diego and Imperial whose primary responsibility is providing citizens with services other than law enforcement, lire service and duster preparedness. 2.5. AN taw enforcement, fire service, disaster preparedness and participates public service agencies in San Diego County and imperial County shall have access to mutual aid communications capabilities. 2.6. Communications with agendas that have Installed their awn 800 MHz radio systems shall be faciitated via interfaces to the RCS. 3. Agreement Contingencies This agreement is void unlessfinancing for the radio system infrastructure is approved by the San Diego County Board of Supervisors and the necessary financing doses. As to the County of Imperial, this Agreement shall terminate if a CSA or other funding mechanism for communications purposes is not established within two years of the date of this Agreement 4. RCS Participants 4.1. The RCS shall be designed to support the requirements of San Diego and Imperial county public safety and designated public service participants. 4.2. CALTRANS radio requirements shall be supported throughout District 11, which includes the counties of San Diego and Imperial In their entirety. 4.3. Alt participants shall receive equitable representation on the Regional Comma System Member Board (RCS Member Bourg as set forth in this Agreement. 4.4. As part of implementing this agreement, participating agencies shall co - license or transfer their cwrently allocated 800 MHz frequencies to the County of San Diego for use in the RCS. 4.5. No actions by the RCS Board of Directors, by the County of San Diego or by the County of Imperial may be so broad in nature that they negatively affect or impact the operational or legal integrity of its individual member agencies. 5. Additional Participants 5.1. As system capacity permits, the RCS Board of Directors may approve other agencies joining the RCS on a case -by -case basis after the date of this Agreement. 5.2. priority consideration shall be given to agencies with licensed, public say/plc service 800 MHz frequencies that can be co -licensed or trans - March 7,1995 Page 2 Participating Agency Agreement eMowe Nw4t•1oporlilts r ra.rwinaa.9yet'w (erred to the RCS, if such action can resuk in enhanced radio communications capabilities for all participants. 6. Performance Requirements 6.1. The RCS shall be designed to provide a high levet of service and responsiveness, with region -wide coverage and capacity for all planned users throughout the term of this Agreement 6.2. The RCS design objectives for the performance of portable and mobile voice and data radio equipment, and the quality of coverage provided shall be determined by the RCS Board of Directors and appropriate County of San Diego staff. 6.3. The RCS shall be designed to meet the loading requirements of the anticipated busiest hour for all planned users over the life of the system. 6.4. The actual RCS coverage plan shall be determined by the RCS Board of Directors. 7. RCS Access Priorities 7.1. In the event that alt radio channels in the RCS are busy, users wantlng to speak shall be prioritized as follows, regardess of how long they have been waiting. 7.1.1. Priority One — Emergency identification. An Emergency Identification is defined as the message received when a public safety member calls for immediate assistance by activating an emergency button or switch on the user radio equipment. 7.1.2. Priority Two — Public Safety 7.1.2.1. Public Safety Includes the normal daily radio transmissions of law enforcement, fire service, paramedic providers and disaster preparedness personnel using the RCS. 7.1.2.2. Public Safety also includes RCS users whose normal lower priorities have been temporarily changed to resolve an unusual occurrence or large scale disaster. 7.1.3. Priority Three — Non -Public Safety, Special Event. Non -Public Safety, Spada! Event includes planned events involving public service agency participants that are beyond the scope of their normal daily operations. 7.1.4. Priority Four — Non -Public Safety, Regular. Non -Public Safety, Regular includes the normal daily ratio transmissions of public service agencies using the system. 8. RCS Governance March 7, 1a85 Page 3 Participating Agency Agreement 8.1. The overall goal in governing the RCS shall be to establish an operational and management structure that will provide authority to participants during the RCS's development and in the subsequent ongoing administration and management throughout the term of this agreement. Exhibk '0" depicts an RCS governance flowchart. 8.2. The RCS Member Board and the RCS Board of Directors are estabgshed by this Agreement, the duties and responsibilities of which are set forth in §10 and §11. 8.3. The governance objectives include: 8.3.1. Provide a structure which retains administration and fiscal responsibility of the system in the control of the participating agendas. 8.32. Allow the use of a CSA funding mechanism. 8.3.3. Establish an organization which facilitates decision making. 8.3.4. Leverage resources where appropriate. 8.3.5. Develop an organization which will remain flexible and meet the needs of the participants over the term of the agreement. 9. Robs and Responsibilities As required by the Cafdomia CSA law, the San Diego County Board of Supervisors shag have ultimate legal and fiscal control over the RCS. Subject to such ultimate control, the Board of Supervisors shag delegate the fiscal control and operational administration of the RCS to the RCS Board of Directors. 10. RCS Member Board 10.1. Each of the parties to this Agreement desires to participate in the governance of the RCS as a member of the Regional Communications System Member Board to be formed under the provisions of this Agreement. 10.2. The Regional Communications System Member Board shag have re- sponsibility for, and shag provide administration of components of the RCS that are common to all participating agencies. 10.3. Each participating agency shall appoint one representative to serve on the RCS Member Board. Representatives to the RCS Member Board shall serve at the pleasure of their respective appointing authority. 10.4. A participatlog jurisdiction with mukipie agencies whose public safety and service radio communication needs are being met by the RCS shall be entitled to one representative on the RCS Member Board for each type of agency. (I. E., a tertidpatlrg city whose police end fire departments use the RCS shall have a RCS Member Board representative from each department.) Mardi7, 4995 Peg* 4 Participating Agency Agreement essays Came lo uI CeamWaalyMepsiss 10.5. The RCS Member Board shall be responsible for recommending operational changes and for participating in other committees, or in other ways deemed appropriate by the RCS Board of Directors. 10.6. The RCS Member Board shall be responsible for approving the annual budget. 11. RCS Board of Directors 11.1. The RCS Board of Directors shall be composed of RCS representatives of each type of participating public safety/public service agency. 11.2. Members of the RCS Board of Directors shag be determined in the following manner, according to the type of agency. 11.2.1. San Diego County: 11.2.1.1. The delegate from the San Diego Sheriffs Department shall be the Sheriff or the Sheriff's debate. 11.2.1.2. The representative for the County of San Diego shall be the Chief Administrative Officer (CAO) or the CAO's designate, preferably from the Office of Disaster Preparedness. 11.2.1.3. The municipal police representative shall be a police chief or designate from RCS member agencies who shall be selected by the San Diego County Police Chiefs and Sheriffs Association. 11.2.1.4. The municipal fire representative shall be a fire chief or designate from RCS member agencies who shall be selected by the San Diego County Fire Chiefs Association. 11.2.1.5. The fire district representative shall be a fire chief or designate from RCS member agencies who shall be selected by the San Diego County Chapter, Fire Districts Association of California. 11.2.1.6. The North County Dispatch Joint Powers Authority (JPA) representative shall be a fire clef or designate from RCS member agencies who shall be selected by the North County Dispatch JPA governing body. 11.2.1.7. The Heartland Communications Facility JPA (HCFA) representatives shall be designates from RCS member agencies who shall be selected by the HCFA governing body. 11.2.2. Imperial County: 11.2.2.1. The delegate from the Imperial County Sheriffs Office shall be the Sheriff or a designate. March 7.1995 Page 5 Participating Agency Agreement 11.2.2.2. The representative for the County of Imperial shall be the CAO or a designate. 11.2.2.3. The municipal police representadve shall be a police chief or designate from RCS member agencies who shall be selected by the Imperial County Police Chiefs Association. 11.2.2.4. The municlpal Are representative shall be a fire chief or designate from RCS member agencies who shall be selected by the imperial County Fire Chiefs Assodatlon. 112.2.5. The fine district representative shall be a fire chief or designate from RCS member agencies who shall be selected by the Imperial County Chapter, Fire Districts Association of California. 11.2.3. The representative for CALTRANS shall be a designate selected by appropriate state authority. 11.2.4. This Agreement provides for the addition of two public service members of the RCS Board of Directors, to be added when public service agencies join the RCS. 11.3. The RCS Board of Directors shall be responsible for the overall administration and direction of the RCS through interaction with the San Diego County Board of Supervisors, the assigned San Diego County staff and the RCS Member Board. 11.4. Specific responsibilities of the RCS Board of Directors shall include: 11.4.1. Formulating the annual budget and submitting it to the RCS Member Board for approval. 11.4.2. Identifying participating agency needs and requirements. 11.4.3. Establishing subcommittees as necessary to ensure the interests and concerts of each user agency are represented and to ensure technical Issues are thoroughly researched. 11.4.3.1. The RCS Board of Directors stall establish a committee of MDS user agencies to administer the MDS and to make appropriate recommendations.' 11.4.3.2. if all RCS user agendas are MDS participants, administration of the MDS shall revert to the RCS Board of Directors. 11.4.4. Monitoring the implementation of the RCS. 11.4.5. Reviewing and adopting recommendations regarding the establishment of system priorities and talk groups. 11.4.6. Developing and approving RCS operating policies and proce- dures. March 7,1995 Page 6 Participating Agency Agreement 11.4.7. Overseeing the establishment of long range plans. 11.4.8. Overseeing scheduled system reviews at intervals determined by the RCS Board of Directors, but not to exceed three years. 11.4.9. Budgeting and approving the disbursement of money from ail CSA 136 funds. 11.4.10. Making recommendations to the San Diego County Board of Directors regarding the Inclusion of additional RCS participants. 11.4.11. Addressing concerns of participating agendas. 11.4.12. Adopting appropriate actions to adjust RCS policies or procedures. 11.4.13. Adopting by-laws to govern the RCS Board of Director's internal operations. 11.4.14. Meeting quarterly or more frequently, if necessary. 11.4.15. Appointing a new Chairperson annually. 11.4.16. Conducting an annual fiscal audit. 11.4.17. Conducting periodic RCS audits. 11.4.18. Discharging other dudes as required by statute. 12. Representation on the RCS Board of Director 12.1. As of the date of this Agreement, the following types of agencies shall be represented by appointment to the RCS Board of Directors: 12.1.1. San Diego County: 12.1.1.1. Sheriffs Department 12.1.1.2. County Representable (Once of Disaster Preparedness) 12.1.1.3. Municipal Police 12.1.1.4. Municipal Fire 12.1.1.5. Fire Districts 12.1.1.8. North County Dispatch Joint Powers Authority 12.1.1.7. Heartland Communications Facility Joint Powers Authority 12.1.2. Imperial County: 12.1.2.1. Sheriff's Department 12.1.22. County Representative 12.1.2.3. Municlpal Poke 12.1.2.4. Municipal Fire Match 7, 1905 Page 7 Participating Agency Agreement «e Plop Courtly bgwlrCanty r.iiwdoar. 12.1.2.5. Fre Districts 12.1.3. CALTRANS 12.1.4. Pubic Service agencies shall select two delegates at large. 13. RCS Board of Directors Terns and Qualifications 13.1. Terms for members of the RCS Board of Directors shall be determined by their appointing authorty. Ail members of the Board of Directors serve at the pleasure of their respective appointing authority. 13.2. The appointing authority shall also select an alternate to the RCS Board of Directors. Alternate members are encouraged to attend regular Board of Directors meetings, but shall vote only In the absence of the regular member. 13.3. Only representatives of agencies participating in the RCS may be selected to the RCS Board of Directors. 13.4. The Chairperson and a lime Chairperson of the RCS Board of Directors shah be biannually elected by a majority vote of the Directors. During their tent, the Chairperson and Vice Chairperson shall serve at the discretion of a majority of the Directors. 13.5. Attendance at Board of Directors meetings: 13.5.1. Members of the Board of Dkctors are expected to attend all possible meetings to represent their group interests and to help conduct RCS business. Arrangements should be made for the alternate to attend in the absence of the primary representative. 13.5.2. To remain on the Board of Directors, a director may not exceed more than three absences from regularly sdedubd Board of Directors meetings during a County of San Diego fiscal year (July 1 through June 30). 13.5.3. If a director exceeds more than the allowable three absences in a fiscal year, the Board of Directors shall request a replacement from the appointing authority unless, because of extraordinary ciraanstances, the Board of Directors votes to allow one additional absence. 13.5.4. Alternate directors shall be subject to the same requirements for all meetings they are required to attend. 13.5.5. An absence by both the primary director and the alternate director representing the same appointing authority shall be courted against both parties. 13.5.8. By vote of the Board of Directors, a leave of absence may be granted to a primary or alternate director for no more than 180 days. Only one leave of absence may be granted in any twelve month period. March 7, 1995 Page 8 Participating Agency Agreement a..wy. surly-r.«wcw.a *.c onalCi x ua.s..•a.+ 13.5.7. Resignation from the Board of Directors shah be submitted in writing to the chairperson and to the appointing authority. 14. Attendance and Participation by the Public 14.1. Ralph M. Brown Act. AN meetings of the RCS Board of Directors and RCS Member Board shah be noticed and conducted in accordance with the provisions of the Ralph M. Brown Act (GC §54950 et seq.). 14_2. Local, state and federal representatives of public safety or service agencies who are not parties to this Agreement may participate in RCS Board of Directors, Member Board or committee meetings as members of the public, but shall not have voting rights. 14.3. Representatives from non -participating agencies may not serve in any official capacity in respect to RCS administration, management or operation. 15. RCS Voting Requirements 15.1. Members of the RCS Member Board, Board of Directors and committees shall vote on all items on the basis of one vote per member. 15.2. A quorum for the conduct of business exists when a majority of the members are present at Board of Directors, Member Board and other committee meetings. 15.3. Actions on all boards and committees shall be determined by a majority vote of members present at a meeting when a quorum exists. 15.4. An agency may not designate another agency to be its proxy. 15.5. In the case of RCS Board of Directors actions, the alternate delegate shall only have a voting right in the absence of the regular delegate. 16. County of San Diego, Department of information Services (DIS) Support Staff Role 16.1. DIS staff shall serve as an advisory and staff function to the RCS Member Board and RCS Board of Directors. 16.2. DIS staff shall manage the day-to-day operation of the RCS subject to direction from and revlew by the RCS Board of Directors . 16.3. DIS staff shall provide support as necessary, but shall not have a voting rigM on any business before the RCS Member Board, the RCS Board of Directors, or any committees. 16.4. DIS staff shall perform the functions necessary to ensure that specific system performance guarantees are maintained throughout the term of the agreement 16.5. As the manager and operator of the RCS, the Department of Information Services shall have the responsibility to; March 1, 1995 Page 9 Participating Agency Agreement ItagfrniCammintions Swam 16.5.1. Provide appropriate staff support to the RCS Board of Directors as requested, within budgetary restraints. 16.5.2. Seek RCS Board of Directors approval of major policy decisions related to the RCS. 16.5.3. Develop contracts with vendors and submit to RCS Board of Directors for approval. 16.5.4. Implement the regional 800 MHz public safety voice and data radio systems. 16.5.5. Retain employees and agents. 16.5.6. Acquire, hold or dispose of property necessary to operate the RCS. 16.5.7. Charge participating agencies for expenses incurred in ongoing maintenance and operation of the RCS. 16.5.8. Implement poticy. 16.5.9. Monitor and maintain RCS performance. 16.5.10. In conjunction with the RCS Board of Directors, develop and recommend the annual RCS budget. 16.5.11. Reassign RCS priorities in extraordinary circumstances and make emergency repairs as required. 16.5.12. Provide information and support as necessary to the RCS Board of Directors. 16.5.13. Provide operating reports and technical information as necessary to assist the RCS Board of Directors. 16.5.14. Establish and maintain accounts and records, including personnel, property, financial, programmatic and other records deemed necessary by the RCS Board of Directors to ensure proper accounting for all ongoing operations and maintenance costs. 16.5.15. Use the records to justify any adjustment to agency benefit charges. 16.6. The Director of DIS shall provide the RCS Board of Directors timely advance notice of impending personnel changes affecting any management staff assigned RCS responsibilities. 17. Agency Costs and CSA Benefit Charges 17.1. The Department of Information Services shall implement, manage and operate the 100 MHz trunked radio backbone and microwave systems. 17.1.1. Costs for agencies participating at the time the RCS is implemented are reflected in Exhibit B. MDS participation costs are separate from voice radio system costs. Marsh 7,1995 Page 10 Participating Agency Agreement Swamp oe.arrreeelelainy --- r 'yam, R.r.uiCami.lau..sotrn 17.1.2. Costs for agencies joining subsequent to the implementation of the RCS: 17.1.2.1. The County of San Diego shall assume the costs of implemerding the voice and data radio backbone systems in areas where agencies have not committed to RCS participation. 17.1.2.1.1. RCS coverage in those areas shall meet the requirements of the County of San Diego. 17.1.2.1.2. Costs to enhance coverage to satiety the needs of an agency joirdng the RCS subsequent to the original implementation shall be the joining agency's responsibility. 17.1.2.2. An agency joining the RCS shell be responsible for paying their original onetime costs as represented in Exhibit "B", plus financing costs that have incurred Wilco the date of this Agreement The RCS Board of Directors shall reimburse appropriate financing expenses to the County of San Diego in relation to §17.1.2.3. ( AM2A a. If Santee decides blob the RCS Nora* years of the 15year agnomen( have passed, duiraosta trta Include: (1) their estimated one -lime costs es shown in Exhibit B" and, (2) associated &gnaw costs for the finlike years, essham in Ethibit The RCS Board ofDirectors shad then reimburse the County of San Diego forprtrclp* and financing expenses that resulted because of Samba's absence during the halal OW yeas.) 17.1.2.3. An agency or jurisdiction that wants to join the RCS must pay a proportional cost of the overall voice radio backbone and microwave development investment. If the agency or jurisdiction decides to use CSA 135 for funding, it must Ile an application with the San Diego County Local Area Formation Commission (LAFCO) to join CSA 135. Each agency is responsible for its own costs associated with the LAFCO process. 17.1.2.4. All funds received from agencies joining the RCS shall be deposited in the CSA 135 account for appropriate distribution by the RCS Board of Directors. 17.2. The agency may use a funding method other than CSA 135 to pay for its RCS origination and operating expenses. March 7, 1905 Page 11 Participating Agency Agreement s.s oily. CwwryleMwtG"n"y. ItiftmiCagnolailhaskamsa 17.3. Ongoing operations and makrtenance coats shall be shared equally by the participating agencies and shall be based on the established formula. (See Exhibit "B") 17.4. Monthly Operating Fees 17.4.1. The costs of ongoing operations and maintenance of the trunived voice radio system, mobile data radio system and microwave system shall be allocated to the participating agencies on a per radio basis. 17.4.1..1. The cost per radio shaft be limited to those radios used on the RCS during normal operations. 17.4.1.2. Radios temporarily added by an agency to handle a disaster or emergency shall not be a part of determining the agency's ongoing RCS costs unless the radios am retained for normal operations following resolution of the disaster or emergency. 17.4.1.3. The costs of ongoing operations and maintenance on the voice system and the mobile data system shall be determined separately, since not all agencies will decide to use bath systems. Therefore, the monthly operating fees for rates on each system may be different. 17.4.2. After resolving which agencies are participating and determining the actual number of radios to be included in each system (voice and data), the cost per agency shall be finalized. 17.4.3. The final cost shall be in effect for a period of one year and shall be adjusted annually to reflect actual costs. 17.5. Reserve Funds in CSA 135 Account 17.5.1. One of the responsibiltlies of the RCS Board of Directors is to budget the disbursement of money from the CSA 135 account. 17.5.2. Aft funds received by the County of San Diego from all RCS participating agencies, for the purpose of funding the RCS shalt be deposited into the CSA 135 account. 17.5.3. Reserve funds, inckrding interest, shall be maintained in the CSA 135 account for the purposes of continua and for RCS upgrades and enhancements. 17.5.4. CSA 135 reserve funds can only be used for Regional Communications System purposes and on approval of the RCS Board of Directors by majority vote. 17.5.5. The RCS Board of Directors shaft review CSA 135 fund levels annually and take appropriate action. 17.6. CSA 135 Zane Option and Costs Mardi 7.1g95 Page 12 Participating Agency Agreement emery CiesegelaWCO eylmil heuYM W e1s eMtrrt 17.6.1. Each participating agency shall have the ability to customize their own CSA 136 requirements for other RCS components, including userequipment, communications center equipment and operating costs, by developing a CSA zone. 17.6.2. Each agency establishing a zone shall have the responsibility to develop an annual zone budget and zone benefit fee schedule. 17.8.3. The CSA funds generated wfhin the zone may only be utilized to meet the requirements of that zone. 17.7. Unless otherwise agreed, maintenance of agency owned RCS equipment shall be provided by Department of information Services staff assigned to the RCS. All associated maintenance costs shall be included as a part of the agency monthly operating fees. 17.8. Maintenance and other costs associated with the provision of primary commercial and back up 110/240 volt A. C. electrical power shall be the responsibility of the agency. 17.9. Unless otherwise determined by separate agreement, each participating agency shall be responsible for the costs associated with connecting to the RCS backbone from the point of demarcation to the agency radio system equipment. 18. Point of Demarcation for Responsibility of Equipment 18.1. Unless otherwise determined by separate agreement, the demarcation point between RCS responsibility and agency responsibility is the microwave radio channel bank equipment termination blocks that are used to interconnect the agency radio consoles and other electronlc devices used for voice and date communications to the channel banks. 18.2. Each participating agency shall be responsible for all costs associated with their mobile data system application development, user equipment end integration from the point of demarcation. 19. Purchase of RCS Compatible Equipment 19.1. Each participating agency agrees to meet County of San Diego specifications, inducing brands and models when appropriate, for associated equipment used to interconnect to the RCS. 19.2. Participating agendes agree to submit specifications of radio system related equipment orders to County RCS staff to ensure compatibility before purchase. 19.3. Associated equipment may be purchased through the County of San Diego to insure compatibility and favored pricing. 20. Term of Agreement The term of agreement is for fifteen years from the date of this Agreement 21. Agreement Modification; Entire Agreement March 7, 1995 Page 19 Particleating Agency Agreement eon Pap Bey-1„rmYlcaey Regladesonmuithadleiskortan 21.1. This Agreement may only be amended in writing with the approval of the governing bodes of ail parties to this Agreement. Prior to processing an amendment, a recommendation shall be requested from the RCS Board of Directors. 21.2. This Agreement constitutes the entire agreement of the parties and any previous oral or written agreements are superseded by this Agreement. Subsequent agreements may be entered into with CALTRANS and the County of Imperial concerning RCS matters. 22. Termination of Agreement 22.1. In order to terminate participation prior to the end of the fifteen year term, the withdrawing agency must provide no less than a one year written notice of intent to terminate participation. 22.2. Termination shall be granted provided that the withdrawing party: 22.2.1. Returns to the RCS all equipment for value that the RCS Board of Directors determines is required to maintain the RCS for all remaining users; and, 22.2.2. If the termination compromises the Legality of the CSA benefit charges in the jurisdiction of the agency, such agency shall be responsible for the remaining debt payments which would have aggregated from the CSA. 22.2.3. If an agency that brought frequencies to the RCS opts to terminate, the RCS Board of Directors shall negotiate a settlement that either retums the same or equivalent operable frequencies, or provides equitable compensation fffrequencies are left with the RCS. 23. Arbitration 23.1. if settlement on an Issue cannot be reached between the grieving or terminating agency and the RCS Board of Directors, binding arbitration shall be employed to reach a settlement. 23.2. The arbitrator shall be selected by mutual agreement of the RCS Board of Directors and the terminating agency. 23.3. It shall be the duty of the arbitrator to hear and consider evidence submitted by the parties and to thereafter make written findings of fact and a disposition of the settlement which shall be binding in nature, except as to issues of law. 23.4. Each party to a hearing before an arbitrator shall bear his own expenses in connection therewith. 23.5. All fees and expenses of the arbitrator shall be bome one-half by remaining members of the RCS and one-half by the grieving or withdrawing agency. March 7.1995 Page 14 Participating Agency Agreement IN WITNESS WHEREOF, the parties hereto do affix their signatures. COUNTY OF SAN DIEGO Board of Supervisors Approval Date: MAR 7 1995 CITY OF CARLSBAD By gam Ci Gm* •IwprrWCanny RyieniammiaWearSwum Council Approval Date: erA1= 22, 1995 By CITY OFDEL MAR Council l Date' 4g--3Y 15- CITY OFENCMNITAS Council Approval Date: wars v_ 199s CITY OF IMPERIAL BEACH Council Approval Date: CITYOFLEMON GROVE Council Approval Data: By Mayor hairwo • sCO a CITY OF POWAY Council Approval Data: '1 - I%- 9.5 CITY OF SAN MARCOS Council vat Data: ti�9s CITY OF SOLANA BEACH Council proval Date: 17 S BY BY Mayor Mayor March 7, 1995 Part& 1R s..oy. -M r.mi.o, Ryd..1Coninurkstliesseystem Exhibit "A" Participating Agency Agreement PARTIES TO THE MARCH 7, 1995AGREEMENT 1. Alpine Fire Protection District 2. Bonita-Sunnyside Fire Protection District 3. Borrego Springs Fire Protection District 4. City of Carlsbad 5. City of Del Mar 6. City of Encinitas 7. City of Imperial Beacji 8. City of Lemon Grove 9. City of Poway 10. City of San Marcos 11. City of Solana Beach f 2. City of Vista 13. Calffomia .Department of Transportation, District 11 14. County of Imperial (all county and city public safety agencies, all territories) 15. County of San Diego (county public safety and service agencies) 16. Deer Springs Fire Protection District 17. East County Fire Protection District 18. Heartland Communications Dispatch Facility JPA 19. Julian - Cuyamaca Fire Protection District 20. Lakeside Fins Protection District 21. Lower Sweetwater Fire Protection District 22. North County Dispatch JPA 23. Pine Valley Fire Protection District 24. Rancho Santa Fe Fire Protection District 25. Rural Fire Protection District 26. San Miguel Consolidated Fire Protection District 27. Valley Center Fire Protection District March 7, 1995 Exhibit "B" Participating Agency Agreement ESTIMATED AGENCY ONE-TIME COSTS Combined Voice and Data Backbone ermine, camorrirwiecouav Ry1.n+fowwcanoYw.eyu n T War aes Ih.Yr Aef Arita 41we▪ ei• t a.e. lbw t 41.00•0 6fiew/ M 6u.r 1111W 14.er levee Mom 1ICol NNW Cat Mob' Vole eaallbee b.es44w%'• i,wlfare% cur Wpm Ya11isIpewMd 175479 1,124,170 3120% Colston 34951 205729 5 1% Del Mar 43150 10533 Obi% 6he1.11s 11,746 159736 . 4.42% 1mp0141 Cosh 4999 65100 1.707. Loss Cove (M0 05225 1.01% Poway 14445 111324 111% Ben Mossy 12A70 111,743 3,0014 Mhw lead 12900 47301 1.33% VON 19,630 203326 ae9% Chula Vista Coronado O Cyan Le Mesa %Menai Clay Oceanid. Rides WIC 10350 17.916 14331 eea iie10 1o546 30Q729 02.260 240213 114430 113302 406.090 12524r 42,790 43,413 352.7W 140.481 144,969 244757 263313 10,939 461}07 O 31.733 136301 533.661 374707 203.331 909.609 278,360 911.769256 1.310330 112.127 1p6,258 492190 607,905 071300 924,791 aft= 1,583,553 2,009,406 466390 1,671,192 1,313246 11117714 3.167,377 975.440 3306.674 91.051,312 54,675 191365 5,720 1e,319 42464 146371 15811 99,271 17,457 01,172 20356 104.185 31.700 111,364 12.767 14,703 94.410 100.013 16345 10195 M,203 45130 30506 1116,147 33,321 331,310 60,611 225,330 166 t42 100,699 3111.417 117,461 491,41111 7344160 f00% 17,4184212 327.914013 31141,044 0,270.611I • Cued 4n 11194 counts. Does not hoed, Ben49tUnlbtor trier pals 1. the Aso The applsdr.dll Midi 4 be r40oed ant We indMdsI133,01 Cate om-*a. cost is For 0501d70ne only. 'don nethalede agency hdepradon cots, "• Bs0d on ale% ennui presege rah. March 7, 1995 •anq.r. •4.wc Exhibit "C" rrwWuae.ereweeeay.em Participating Agency Agreement ESTIMATED COSTS OF AGENCY ENTERING SYSTEM AFTER MARCH 7, 1996 City atSantie Number of Benefit Units 125,247 Brant of Total Benefit 3.48% Financing Costs of One Time Cost for 15 Years at 0.6% APR $975Principal Financing Total Annual 4 ac10 i1,761,958 � Annual Payment if Join In Year Year Annual Payment 1 $117,464 2 $125,854 3 6135,535 4 $146,830 0 5160,178 6 $176,196 7 $195,773 6 $220,245 9 $251,708 10 $293,660 11 $352,392 t2 $440,490 13 $587,319 14 $800,979 15 $1,761,958 Annual Payment for Late Starting Agencies 1 NoMaud Payment 1 2 3 4 5 6 7 6 • 10 11 12 13 14 15 8Waq Yaw March 7, 1905 Exhibk "Du Participating Agency Agreement GOVERNANCE STRUCTURE Sart Diego County Board of Supervisors I RCS Board of Directors sywwo..wre r..ey.rw a RCS141 RCS Committees Me:hirer Board Member Agency County Staff Reporting Relationships, Lines of Communication March 7, 1985 Exhibit B 1995 RCS Parties 1995 RCS Parties Status Alpine Fire Protection District Existing Bonita-Sunnyside Fire Protection District Existing Borrego Springs Fire Protection District Existing ;City of Carlsbad Existing Existing ;City of Chula Vista City of Coronado Existing City of Del Mar Existing City of El Cajon Existing City of Encinitas Existing Existing City of Escondido City of Imperial Beach Existing Existing Existing Existing City of La Mesa City of Lemon Grove City of National City `C yofOceanside Existing Existing City of Poway *City of San Marcos Existing City of Santee Existing City of Solana Beach Existing City of Vista Existing County of San Diefta Existing Deer Springs Fire Protection District Existing Heartland Communications facility Joint Powers, Authority Existing Imperial Valley Emergency Communications Authority (IVECA) Existing Existing Existing Existing Julian-Cuyamaca Fire Protection District Lakeside Fire Protection District Metropolitan Transit System Mira Costa Community College District Existing North County Dispatch Joint Powers Authority Existing .North County Fire Protection District Existing North County Transit District Existing Existing Existing Existing Existing Rancho Santa Fe Fire Protection District San Diego Rural Fire Protection District San Diego Unified Port District San Miguel Consolidated Fire Protection District Santee School District Existing State of Califomia Department of Transportation (Caltrans) Existing Existing Existing State of California, California Highway Patrol/EI Cajon CHP Valley Center Fire Protection District Vlejas Reservation Fire Department Existing Vista Fire Fire Protection District Pine Valley Fire Protection District' Existing Former Padre Dam Water District' Former East County Fire Protection District' Former 'Original Signator - Never came on system (no radios on system) 'Terminated RCS Agreement on January 7, 2013 'Consolidated with San Miguel Consolidated Fire District in 2008 NextGen RCS Agreement December 3, 2013 Exhibit C Estimated RCS NextGen System Cost NextGen Shared Infrastructure Cost Estimated T ifIShared I' frastri Lure Costi' Less estimated) f VECA Inlrashucture of,$P •htlOon linc!udes est riiatecl "' proporf iorlal shale of NexGen cote) Less i6ran ,ti GS,Tru. st Fpnd stinaf, , Remain rig S Infrastructure Costs to, .;.. Apportioned , mon. pie. o u n RCS Part l9,000.000j 10 000.o410 ,8.6;O00,000; Total Estimated NextGen Parties Subscriber Radio Count 1. Divide the Remaining Costs to be Apportioned by the Total Estimated NextGen Parties Subscriber Radio Count. Multiply this number by the projected average number of your agency's subscriber radios for the two dates. Formula Remaining Costs to be Apportioned Estimated Total Subscriber Radio Count Example x TWO Year Average Radio Count 1. Agency X has an average of 50 radios for the two dates. 2_ Total Estimated Cost of System divided by the Total Estimated Parties Subscriber Radio Count is $6,164 3. Fifty (50) subscriber radios X $6,164 estimated cost = Estimated Agency Cost $308,177 Estimated Agency Cost for Shared Infrastructure NextGen RCS Agreement December 3, 2013 Exhibit C-1 Cost Apportionment for San Dieito County Shared Infrastructure Per Party: Costs ore apportioned in two categories -- infrastructure and core. Below ore the estimated ;hared infrastructure apportionment costs per agency San Diego County Party Name Radio Count 9/1/13 Radio Count 7/1/2014 Average Radio Count Estimated Cost for San Diego Shared Infrastructure Alpine Fire Protection District 26 Bonita-Sunnyside Fire Protection District 16 Borrego Springs Fire Protection District 21 City of Carlsbad 436 City of Chula Vista 694 City of Coronado 182 City of Del Mar , 97 City of El Cajon 460 N City of Encinitas 246 ' City of Escondido 752 City of imperial Beach 117 City of La Mesa 291 City of Lemon Grove 95 City of National City 284 City of Oceanside 744 City of Poway 296 City of San Marcos 419 City of Santee 176 City of Solana Beach 58 City of Vista . 284 County of San Diego 5,848 Deer Springs Fire,Protection District M 21 Heartland Communications Facility JPA 12 Julian-Cuyamaca Fire Protection District 29 Lakeside Fire Protection District 98 Metropolitan Transit System 251 Mira Costa Community College District ' 20 North County Dispatch JPA 18 North County Fire Protection District 127 North County Transit District 33 Rancho Santa Fe Fire Protection District 92 San Diego Rural Fire Protection District 107 San Diego Unified Port District M 299 San Miguel Consolidated Fire Protection District 135 Santee School District 44 State of CA Department of Transportation (Caltrans) 893, State of Califomia, CA Highway Patrol/EI Cajon CHP 174 Valley Center Fire Protection District 25 Viejas Reservation Fire Department 33 Potential New Party Potential New Party Potential New Party TOTAL 13 953.. NextGen RCS Agreement December 3, 2013 Exhibit C-2 Cost Apportionment for RCS NextGen Core (Portion of the Shared Infrastructure Costs): Costs ore apportioned in two categories—infrostructure and core. Below are the estimated RCS NextGen Core apportionment costs per agency for both San Diego County agencies and the Imperial Valley Emergency Communications Authority ( VECA). San Diego County Parties & IVECA Radio Count 9/1/13 Radio Count 7/1/2014 Average Radio Count Estimated Cost for RCS NextGen Core Alpine Fire Protection District 26 Bonita-Sunnyside Fire Protection District 16 Borrego Springs Fire Protection District 21 City of Carlsbad 436 'City of Chula Vista 694 Gty of Coronado 182 City of Del Mar 97 City of El Cajon 460 City of Encinitas 246 City of Escondido 752 City of Imperial Beach 117 City of La Mesa 291 Gty of Lemon Grove 95 City of National City 284 City of Oceanside 744 City of Poway 296 City of San Marcos 419 City of Santee 176 City of Solana Beach 58 City of Vista 284 County of San Diego 5,848 Deer Springs Fire Protection District 21 Heartland Communications Facility JPA 12 Julian-Cuyamaca Fire Protection District 29 Lakeside Fire Protection District 98 Metropolitan Transit System 251 Mira Costa Community College District 20 North County Dispatch, IPA 18 North County Fire Protection District 127 North County Transit District 33 Rancho Santa Fe Fire Protection District 92 San Diego Rural Fire Protection District 107 San Diego Unified Port District 299 San Miguel Consolidated Fire Protection District 135 Santee School District 44 State of CA Department of Transportation (Cattrans) 893 State of Califomia, CA Highway Patrol/EI Cajon CHP 174 Valley Center Fire Protection District 25 Viejas Reservation Fire Department 33 IVECA' . _ 1,302 Potential New Party Potential New Party Potential New Party TOTAL .15,25$:.f - *IVECA will pay for infrastructure for Imperial County (an estimated $ 9,000,000) and a portion of the NextGen core costs. NextGen RCS Agreement December 3, 2013 Exhibit C-3 Cost Apportionment for the Combined Infrastructure and RCS NextGen Core: Costs are apportioned in two categories — infrastructure and core. Below are both the estimated Combined infrastructure and RCS Core apportionment costs per agency. SanEstimated Diego County Parties & IVECA Exhibit C-1 Cost for San Diego+ Shared Infrastructure Exhielt C-2 Estimated Cost for RCS NextGen Core = Combined Estimated Cost for San Diego Shared Infrastructure and NextGen RCS Core (C-1 + C-2) Alpine Fire Protection District Bonita-Sunnyside Fire Protection District Borrego Springs Fire Protection District City of Carlsbad City of Chula Vista City of Coronado City of Del Mar City of El Cajon City of Encinitas City of Escondido Cty of Imperial Beach ' City of La Mesa City of Lemon Grove City of National City City of Oceanside Gty of Poway Cty of San Marcos City of Santee Clty of Solana Beach City of Vista County of San Diego Deer Springs Fire Protection District Heartland Communications Facility JPA Julian-Cuyamaca Fire Protection District Lakeside Fire Protection District Metropolitan Transit System Mira Costa Community College District North County Dispatch, JPA North County Fire Protection District North County Transit District Rancho Santa Fe Fire Protection District San Diego Rural Fire Protection District San Diego Unified Port District San Miguel Consolidated Flre Protection District Santee School District State of CA Department of Transportation (Caltrans) State of California, CA Highway Patrol/EI Cajon CHP Valley Center Fire Protection District Vle as Reservation Fire Department ��wx�3ifsec'xa., h. .) ari.L r�e. Potential New Party Potential New Party Potential New Party NextGen RCS Agreement December 3, 2013 Exhibit D Potential New RCS NextGen Parties Potential New Parties Radio Count Sept 1, 2013 Radio Count July 1, 2014 Average Radio Count Barons fire Department 35 Cajon Valley Union School District 125 California Department of Corrections & Rehabilitation Division of Adult Parole Operations 109 Califomia Department of Corrections & Rehabilitation Office of Correctional Safety 13 California State University San Marcos (Police) 49 Gr0ssmont Union High School District 128 Grossmont-Cuyamaca Community College 16 Jamul-Dulxura Unified School District 15 La Jolla Band of Luisefio Indians (LaJoila Tribal Police) 4 Los Coyotes Police Department 6 Olivenhain Municipal Water District 3 Palomar College 41 Pala Band of Mission Indians 25 Pauma Band of Luisefio Mission Indians (Pauma Band of Mission Indians) 21 Poway Unified School District 240 Ramona Water District Fire Department 21 Rancho Santa Fe Patrol 17 San Diego Association of Governments (SANDAG) 59 San Diego County Regional Airport Authority 164 San Diego Humane Society 34 San Diego State University (Police & Parking) 102 Southwestern College Police Dept. 22 Sycuan Band of the Kumeyaay Nation (Sycuan Are/Police Department) 72 University of Califomia San Diego (Police and Environment Health & Safety) 108 Vista Unified High School District 188 NextGen RCS Agreement December 3, 2013 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN AND AMONG THE COUNTY OF SAN DIEGO AND PARTICIPATING CITIES AND JURISDICTIONS REGARDING THE NEXT GENERATION REGIONAL COMMUNICATIONS SYSTEM PROVIDING COMMUNICATION SERVICES TO PUBLIC SAFETY AND PUBLIC SERVICE AGENCIES OPERATING IN SAN DIEGO COUNTY AND IMPERIAL COUNTY WITH AN ANTICIPATED COST OF$1.75 MILLION AND ON -GOING MAINTENANCE COSTS PAYABLE BY MARCH 31, 2016 WHEREAS, the County's Regional Communications System has helped sustain communications among the region's public safety and public service partners for emergency and disaster response communications; and WHEREAS, the Next Generation Regional Communications System ("NextGen RCS") Agreement, which defines the terms and conditions of participation in the NextGen RCS and provides incentives promoting early commitment to participation, was approved by the San Diego County Board of Supervisors on December 3, 2013; and WHEREAS, early commitment to participation is crucial to establishing system requirements necessary to the contracting process and to give all parties an estimate of the cost of participation because a 15% late signing financial penalty is included in the Agreement for agencies that approve and sign this Agreement after March 31, 2014. For agencies that approve and sign the Agreement after July 31, 2014, the late signing financial penalty is increased to 25%; and WHEREAS, the NextGen RCS Agreement will not immediately replace the 1995 RCS Agreement or existing customer agreements which will remain in effect until March 31, 2016; and WHEREAS, National City's estimated costs to join the NextGen RCS Agreement is $1,750,444 and on -going maintenance costs payable by March 31, 2016 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Next Generation Regional Communications System Agreement between and among the County of San Diego and participating cities and jurisdictions for communications services to public safety and public service agencies operating in San Diego and Imperial County. Said Fifth Amendment to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 18th 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 18, 2014 AGENDA ITEM NO.13 ITEM TITLE: TEMPORARY USE PERMIT-3rd Annual Mabuhay Festival & 116TH Philippine Independence Celebration at Kimball Park on June 14, 2014 from 10 a.m. to 4 p.m. with request of waiver of fees. PREPARED BY: Vianey Riverai'. PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neighb• o'-d Services Division APPROVED BY: This is a request from the Mabuhay Foundation to conduct the 3rd Annual Mabuhay Festival & 116th Philippine Independence Celebration at Kimball Park on June 14, 2014 from 10 a.m. to 4 p.m. Setup for this event will commence on June 13, 2014 at 4 p.m. and dismantling on June 15, 2014 by 6 p.m. This festival promotes pride in the Filipino cultural heritage. This event will include participation from various groups representing businesses, civic organizations, local government, educational institutions, public agencies and nonprofit organizations showcasing Philippine arts and crafts, talents and trade. Security will be provided by event staff and volunteers. Note: This organization event was approved in 2012 & 2013 by council with no waiver of fees. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. , APPROVED: MIS The City has incurred $237.00 for processing the TUP through various City departments, $200.00 for Fire Department fees and $1,672.82 for Public Works. Total fees are $2,109.82 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees BOARD / COMMISSION RECOMMENDATION: N/A,, ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Mabuhay Foundation EVENT: 3rd Annual Mabuhay Festival & 116th Philippine Independence Celebration DATE OF EVENT: June 14, 2014 TIME OF EVENT: 10am to 4pm APPROVALS. DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x NEIGHBORHOOD SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: RISK MANAGER Other than requiring the standard insurance certificate and endorsement naming the City of National City as an additional named insured, I think we are ok to proceed. Please let me know if you require our input during the review of the insurance information or you have any further questions. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. DEVELOPMENT SERVICES Engineering: There are no projects located in these locations at this time. I have no other comments. Building has no comments Planning: Sound system/speakers shall face away from residential areas. All activities shall comply with Title 12 (Noise) of the Muni Code. FINANCE All vendors must be licensed. Food vendors need health permits. need a list of the vendors at least 2 weeks prior to the event. PUBLIC WORKS Street Division: 1. Staff will barricade parking lot before and remove after the event. 2. Staff will post no parking sign affected parking lot before the event. 3. The cost to provide street personal support for this event is estimated to be Man Hrs. 2 X $32.57 = $65.14 Overtime Hrs. 4 X $48.85 = $195.40 Equipment 6 X $19.09 = $114.54 No Parking Signs 20 X $0.45 = $9.00 Barricades 4 X $0.35 = $1.40 TOTAL: $385.48 Parks Division: 1. Three hours for set up on Friday, June 13 to mark off the valve boxes and irrigation. Overtime rate at $46.58 ($139.74) 2. One staff for the duration of event (8 hrs from 9:00 am to 5:00 pm) for litter control and to service public restrooms. Overtime rate at $46.58 ($372.64) 3. Two hours for final inspection Storm Water Compliance Inspection for Special Event Report and litter clean up. Overtime rate at $46.58 per hour ($93.16) 4. The event organizers must provide night time security on Friday, June 13. 5. Event organizers did not request city stage or public address system. 6. Total $605.54 Facilities Division: 1. Custodian OT hrs 10 hrs x $22.26 $ 222.60 2. Electrician OT hrs 10 hrs x $33.32 $ 333.20 2 Tables 51 x $100 $ 51.00 3. Chairs 100 x $.75 $ 75.00 4. Total for event is $ 681.80 Park Division Facilities Division POLICE $605.54 $681.80 (Acct #105-442-000-102-0000) (Acct #626-422-223-102-0000) I will ask for a couple of Reserve Officers to work the event since they are not having a parade this year. COMMUNITY SERVICES No involvement. FIRE Request Meeting With Organizers Prior To Event $200.00 After Hour Inspection Fee Stipulations required by the Fire Department for this event are as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Department access into and through the booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not Tess than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. Please provide emergency access to rear of Faire 3) Fire Hydrants shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Provide a 2A:10BC fire extinguisher at both stages. Extinguishers to be mounted in a visible location between 3'/'to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 7) Provide 2A:10BC fire extinguishers in all food areas. Extinguisher to be mounted in a visible location between 31/2'to 5' from the floor to the top of the extinguisher. If grease or oil is used in cooking, a 40:BC or class "K" fire extinguisher will be required. Please contact the National City Fire Department for direction on K type extinguisher. Maximum travel distance from one extinguisher to another shall not be more than 75 feet travel distance. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example 8) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Approval from the National City Fire Department is required to cook under tents or canopies. Please contact the National City Fire Department for direction. Canopies: Tents: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - $200.00 201 — (+) sf - $400.00 9) Please contact the National City Fire Department for direction on placement of tents or canopies 10) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 11) No parked vehicles or internal combustion engines (generator) are to be placed within 20 feet of tent/canopy. Internal combustion power sources that may be used shall be of adequate capacity to permit uninterrupted operation during normal operating hours. 12) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. 13) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 14) First Aid will be provided by organization 15) South parking lot next to Boys and Girls Club shall maintain a minimum of a 20 foot roadway to allow for emergency apparatus access. Please contact the National City Fire Department for direction. 16) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ten ($200.00) dollars 17) A fire safety inspection is required for this event and is to be conducted by the Fire Department prior to operations of the event to include all food areas etc. $200.00 18) Fees must be paid to the Fire Department Administration Office prior to event occurrence. 19) Map shall consider "Fire Lane" required for event. Contact City of National City Parks Division for requirements. Fire Department fees can only be waived by City Council. Type of Event: Public Concert _ Fair _X Festival _ _ Circus —Community event Parade Demonstration Motion Picture _ Grand Opening _ Other Block Party Event Title: 3rd Annual Mabuhay Festival honoring Philippine Independence Day Event Location: Kimball Park. Event Date(s): From 6/14/14 to 6/14/14 Actual Event Hours: 10 am/pm to 4 am/p Total Anticipated Attendance: 300+ ( 100 Participants 200+ Spectators) Setup/assembly/construction Date: 6/13/14 Start time: 8 a.m. Please describe the scope of your setup/assembly work (specific details): put up canopies — set up stage — put up directional signs for parking — set up tables and chairs — and other elements to prepare for the event Dismantle Date: 6/14/14 Completion Time: 6 am/Eu List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Request to have the Boys & Girls Club parking lot closed for the event. Sponsoring Organization: Mabuhay Foundation Chief Officer of Organization (Name) Ditas Yamane Applicant (Name): Ditas Yamane Address: P.O. Box 2288, National City, CA 91951-2288 Daytime Phone: (619) 474-5300 Evening Phone: (619) 474-5300 Fax: (619) _474-6888 E-Mail: Contact Person "on site" day of the event: Ditas Yamane Cellular: (619) 921-5125 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? X YES NO Are admission, entry, vendor or participant fees required? X YES NO If YES, please explain the purpose and provide amount(s): FREE ADMISSION to the public. Booth sponsorship to cover cost. $ 7,500.00 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 7,000.00 Estimated Expenses for this event. $ 500.00 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. This festival will foster a sense of community and promote pride in the Filipino cultural heritage; build collaboration and cultural understanding among the Filipinos and the Filipino Americans — young and old alike; promote empowerment in the community of diverse strengths and backgrounds! The Filipino Americans represent the largest Asian group in San Diego County, celebrate in honoring the Philippine Independence in the community with the theme "People Helping People!". The Mabuhay Festival program will include participation from various groups representing businesses, civic organizations, local government, educational institutions, public agencies, and nonprofit organizations showcasing arts and crafts local talents, and trade. It will feature the Bayani Honorees, Filipino American Sailor Honorees, Mabuhay Scholarship Awards, and Corporate "Maraming Salamat" Recognitions. The event will also feature the Singing Star Search, the Seniors Got Talent, Mabuhay Scholarship and the Mini Health Fair. This has been a tradition of our community in celebrating the annual commemoration of the Philippine Independence — FREE TO THE GENERAL PUBLIC. Describe your plan for clean-up and removal of waste and garbage during and after the event: Venue will be cleaned —all trash will be disposed of properly. Please describe your procedures for both Crowd Control and Internal Security: Partner organizations to facilitate crowd control plus volunteers to provide smooth flow of program. YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES X NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. A First Aid Booth provided by Volunteer Medical Practitioners. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Lay -out for the event is very friendly to individuals with disabilities. Please provide a detailed description of your PARKING plan: Street Parking and any and all available parking around the park. Please describe your plan for DISABLED PARKING: Street Parking and any and all available parking aro8und the park. Please describe your plans to notify all residents, businesses and churches impacted by the event: Advertising via flyers — posters — and newspapers. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES X NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: Mile of Cars display cars at the event. _ YES XNO Does the event involve the sale or use of alcoholic beverages? _ YES X NO Will items or services be sold at the event? If yes, please describe: _ YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. XYES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. X YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 50 Sizes 10 X 10 NOTE: A separate Fire Department permit is required for tents or canopies. _ YES X NO Will the event involve the use of the City or your stage or PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: —0 Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: Food vendors to follow County Health Department Requirements If you intend to cook food in the event area please specify the method: _X_ GAS X_ELECTRIC X_ CHARCOAL OTHER (Specify): n Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables # and Chairs # Fencing, barriers and/or barricades FRGenerator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: _24_ Trash containers with lids: 2 X YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: ONE Number of Bands: NONE Type of Music: DJ MUSIC X YES _ NO Will sound amplification be used? If YES, please indicate: Start time: 9AM am/pm Finish Time 4PM am/pm X YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 10AM am/'pm Finish Time 3PM am/pm Please describe the sound equipment that will be used for your event: public address — sounds - microphones _ YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: None. _X YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Banners — signs Revised 02/29/12 City of National City PUBLIC PROPERTY USE: HOLD HARMLESS AND INDEMNIFICATION AGREEMENT :-'ersions itequestng use c,'C fac.iit es Or persorictel are regLiitegi to provide a in -atrium of: carbine:, enge ittsg tame- for booiiy injury and property dartiage eghi:h ncuces the Cty, tsDio L agents a -O erroloyees 'tarred as attitonal insure: 1C - the Hold -iarn-less Agteerrent.„ Certif bate of ihs.itaince m.ist as attached :otns Organization Mabuhay Foundation presents 3rd Annual Mabuhay Festival oersch in Citarge of Activity Ditas Yamane Address P.O. Box 2288 National City, CA 91951-2288 619-474-5300 Telephone Datef,s: of Use Nov 2, 2013 HOLD HARMLESS AGREEMENT As a condition of the iss.: once tena:fari pet -nit to condii.i.:1 its aoitiv ties on pub;i: or private t.timperty the ,,ndersigried 7ereby agree:a) tO:Sfe7d, indenn'fif aitd 7cld harries!, the City e it lona" City and tie Fiarking Authorky and its crzers, :yehii: agents "C,11'i 1'1: against any and all cairns, oierranas, oasts, iceses liat:iitycr, for any ,i:iersionalIfljy,oisath otcperty cartage cr oct- or any tgati:n :ma other ability, inciudnigi attorneys fees and the :z of litgatior. ariSng cut orr cr related to, the use C/4- pub variety cr the act]oity take- Li -der ths ::errhit by the pe-nttee cr ts agents, employees i:r 1 7, . „ Appl cc - For: 3rd Annual Mabuhay Festival 01/18/2014 Ofh:its Dalt Cer:lioate rSLF-artss Approvef Date . fih event will foster a sense of community and promote pride inthe Filipino cultural heritage; bulk collaboration and cultural understanding among the fihp/nos and the Malmo americans -young and old alike; and promote empowerment M the community of exponential wealth of diverse strengths and backgrounds) The Filipino Amerkons of San Dkga County will honor the 116th Philippine Independence- and as you all know - the Filipino Americans is the nest largest ethnic group M our city whkh doubles during the day - the program will include partfclpation from various groups representing businesses, civic organizations, local government educational Institutions, public agencies, and nonprofit organizations showcasing arts and crafts, kcal talents, and trade. This has been a tradition of our community celebrating the annual commemoration of the Philippine Independence In the center of It all - the City of National Cityl Footprint (Tentative Map) Mabuhay Festival - People Helping People ! Honoring the 116th Anniversary of the Philippine Independence Kimball Park in National City, Califomia Saturday, June 7, 2014 ka 10am - 4pm For more information, please call Ditas Yamane @ (619) 474-5300 ►ortables Wash Sink - Food Booth AFublk Address DrenMg Room Festiva( tbnorbfg Philippine Independence! People Helping People! SATURDAY, JUNE 7; 2014 - 10:OOAM - 4:00PM NATIONAL CITY. CALIFORNIA www.we vymv6itny.my troirriiirrounreitso ,,dia II/ /mil yes I lonoring Philipping Indzpznd¢nc¢III No* filQlping Noplfz1 SATURDAY, JuNE 7, 2014 10:OOAM - 4:OOPM NATIONAL CITY, CALIFORNIA www.wesaymabuhay.org CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 18, 2014 AGENDA ITEM NO.14 ITEM TITLE: Staff Report: Mid -Year Fiscal Year 2014 Budget Update PREPARED BY: Ed Prendell, Budget Analyst DEPARTMENT: Financ PHONE: 619-336-4332 APPROVED BY: ` I� EXPLANATION: Please refer to the attached staff report. FINANCIAL STATEMENT: ACCOUNT NO. See attached staff report. APPROVED: fu Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept the staff report as presented. Adopt the recommendations in the staff report. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Staff Report City Council Staff Report February 18, 2014 ITEM Staff Report: Fiscal Year 2014 Mid -Year Budget Review BACKGROUND Consistent with historic practice, staff brings forward a mid -year review of the City's operating budget. The intent of this report is to review the activities of the first half of the current fiscal year and provide revised projections of revenues and expenditures through the end of the fiscal year. In addition, the report recommends various budget adjustments. This report represents the second budget report of the fiscal year. A first quarter status report was presented on November 19, 2013, consistent with staff s commitment to provide quarterly reports on the status of the budget in keeping with the strategic plan objective of fiscal transparency. DISCUSSION First Half of Fiscal Year 2014 Based on year-to-date actual revenues and expenditures through December 31, 2013 and anticipated activities through year-end, the General Fund is projected to end the year with an increase in fund balance of approximately $2,008,826 over that of June 30, 2013. The expected increase results from a combination of over -realized revenues and lower than budgeted expenditures, primarily in personnel -related expenditures and pending capital improvement projects. Revenues The General Fund's primary sources of revenue are sales and property taxes. The table below compares revenues from July 1st through December 31st of the current fiscal year to those of the same period of the prior fiscal year. Page 2 Staff Report — Fiscal Year 2014 Mid -Year Budget Review February 18, 2014 Mid -Year Revenue Comparison Revenue Category Sales & Use Tax District Sales Tax Property Tax i Property Tax in Lieu of VLF Property Tax in Lieu of Sales Tax Other Revenue GENERAL FUND REVENUES AS OF DECEMBER 31ST FY 13 $3,808,463 3,053,857 725,929 3,158,272 FY 14 $4,048,059 3,364,825 738,652 Difference $239,596 310,968 12,724 4,393,574 1,235,301 Total $10,746,521 $12,545,110 $ 1,798,589 t includes reduction for property tax allocation to the Library and Parks Maintenance funds During the first six months of the current fiscal year, General Fund revenues totalled more than $12.5 million, nearly $1.8 million higher than the same period last year. Sales and Use Tax receipts outpaced those for the same period of the prior fiscal year by $239,596, in part, due to stronger auto sales and increases in business to business activity. For sales other than walk -in - stores, District Sales Taxes are allocated based upon where the goods are delivered or placed into use and, as such, do not always "track" Sales and Use Taxes. The City's District Sales Tax revenues are $310,968 above last year, with increases in several spending categories. Fiscal Year 2014 "Other Revenue," which represents the combined total of non -major revenue sources, has benefitted from the $1 million received in December from Paradise Creek Housing Partners for site infrastructure reimbursement for the Westside In -fill Transit Oriented Development Project site. Staff projects overall year-end General Fund revenues to exceed the adjusted budget by approximately $1.3 million. This estimate is based, in part, upon year-to-date and historical data, input from the City's sales tax consultant, and information obtained from the State of California and County of San Diego; however, the variance is affected by a "mismatch" of budgeted versus actual and projected revenues, which will be addressed later in this report. Page 3 Staff Report — Fiscal Year 2014 Mid -Year Budget Review February 18, 2014 Fiscal Year -End Revenue Projections GENERAL FUND REVENUES FISCAL YEAR 2014 Projected Revenue Category Adjusted Budget t Projected Variance Sales & Use Tax S11,358,170 $11,671,509 $313,339 District Sales Tax 9,418,000 9,446,867 28,867 Property Tax 2 1,880,173 1,953,314 73,141 Property Tax in Lieu of VLF 5,185,350 5,364,774 179,424 Property Tax in Lieu of Sales Tax 4,093,008 4,006,058 (86,950) Other Revenue 3 15,786,933 16,562,531 775,599 Total $47,721,634 $49,005t053 $1,283,419 adopted budget total, plus budget amendments z- includes reduction for property tax allocation to the Library and Parks Maintenance funds 3 does not include budgeted Transfers In ($459,609) In addition to the positive effect on sales tax revenues (Sales & Use and District Sales taxes) from the aforementioned growth in various spending categories, property taxes for Fiscal Year 2014 have increased in conjunction with a greater than anticipated 4.7% increase in assessed valuations. Changes in Property Tax in Lieu of Vehicle License Fee ("VLF") revenues are tied to the change in assessed value. Although already budgeted higher than for the previous fiscal year, this revenue is now projected to exceed its budget by $179,424 or 3.5%, in correlation to assessed valuations, which are at their highest levels in more than 15 years. Regarding Property Tax in Lieu of Sales Tax, the projected amount is based on planned distribution totals released in August from the County of San Diego, replacing the slightly higher estimate provided by the City's sales tax consultant during preparation of the current fiscal year budget. The distribution, calculated by the State Department of Finance, incorporates an estimated value of the 0.25% reduction (from 1% to 0.75%) in the general purpose sales and use tax rate for the current budget year and a "settle -up" adjustment based on prior -year actuals. Finally, $776,000 of the projected excess of "Other Revenue" over the budgeted (combined) total results from a combination of the net of anticipated variances in several individual accounts (positive impact) and the lack of a mechanism to account for deferred revenues associated with capital expense appropriations carried forward from fiscal year to fiscal year (negative impact). This projection includes the $2.7 million deferred revenue, which was received from the Successor Agency in Fiscal Year 2013 (June) but which will be realized as expenses for the related project work is completed during the current fiscal year; however, unlike with appropriations, revenue budgets are not automatically carried forward from one fiscal year to the next. Council authorization is required to correct this discrepancy. Notwithstanding the negative impact on the budget -projection variance, because the expense is associated with a deferred revenue which will be realized as revenue, there is no net impact on fund balance. Page 4 Staff Report — Fiscal Year 2014 Mid -Year Budget Review February 18, 2014 Expenditures As of December 31, 2013, General Fund expenses totalled just under $17.0 million, slightly exceeding those at the same point last fiscal year. Mid -Year Expenditure Comparison GENERAL FUND EXPENDITURES AS OF DECEMBER 31ST Expenditure Category FY 13 FY 14 Difference Personnel Service $11,141,609 $12,068,484 $926,875 Maintenance & Operations 1,362,698 1,113,339 (249,358) Capital Outlay 1,434 55,612 54,178 Capital Improvement 876,039 661,850 (214,189) Internal Service Charges 3,274,193 2,877,031 (397,162) Other Expenditures 237,932 215,102 (22,830) Total $16,893,905 $16,991,419 $97,514 The increase in personnel services is attributed to the restoration and/or addition of several positions and increases to costs of living and retirement contributions. The decrease in maintenance & operations and capital improvement expenses is, in part, the result of timing differences of payment obligations and processing from year to year, with continued fiscal discipline also contributing to the Maintenance & Operations difference. At the mid -year point, however, it is difficult to ascertain the extent or proportion to which these factors apply and requires ongoing analysis as the year progresses. The increase in capital outlay expenses is associated with automotive equipment purchases. The decrease in Internal Service Charges results from the Department of Finance's transition from an Internal Service Department to a General Fund department. Staff will continue to monitor all expenses and provide greater detail in the third quarter budget report. Staff is projecting actual expenditures to end the fiscal year at nearly $6.2 million below budget; however, while recent historical data and current spending trends suggest a somewhat optimistic overall outlook, the most significant aspect of the variance is projected versus budgeted spending on capital improvement projects, nearly all of which will not result in cost savings, but, instead, simply in a delayed impact on fund balance. Page 5 Staff Report — Fiscal Year 2014 Mid -Year Budget Review February 18, 2014 Fiscal Year -End Expenditure Projections Expenditure Category Personnel Service Maintenance & Operations Capital Outlay Capital Improvement Internal Service Charges Other Expenditures GENERAL FUND EXPENDITURES FISCAL YEAR 2014 Adiusted Budget $28,578,476 4,327,881 360,811 12,208,370 5,809,062 480,433 Pr Iected $27,187,080 4,331,431 510,811 7,266,827 5,809,062 480,433 Projected Variance $(1,391,396) 3,550 150,000 (4,941,543) Total $51,765,032 $45,585,643 $(6,179,390) adopted budget total, phis budget amendments, and encumbrances and capital projects appropriations carried forward from previous fiscal year(s) While personnel costs for the first half of this year are greater than for the same period last year, a savings of $1 4 million is expected to result from vacant authorized positions. Capital Outlay is projected to exceed its adopted total by $150,000, due to higher than anticipated expenses for renovation of the Police Property & Evidence Room upgrades. The projected $3,550 Maintenance & Operations excess is associated with the purchase of Class A uniforms for Firefighters completing probation per the City Council approved Memorandum of Understanding with the National City Firefighters' Association. It is conservatively estimated the remaining expenditures in the Capital Outlay and Maintenance & Operations categories will meet their budgeted totals. As indicated above, further review and analysis will be conducted and presented in the third quarter budget report. Capital Improvement expenses are anticipated to end the year approximately $4 9 million below their budgeted total. However, due to the multi -year nature of capital projects, it is not unusual for spending on a project, or phase of a project, to not reach its budgeted level for the fiscal year. And unlike those of operating expenditures, capital project appropriations which have no directly offsetting revenue and are unspent at the end of a fiscal year are carried forward to the following fiscal year, with the resulting fund balance categorized as "Assigned," as defined in accordance with Governmental Accounting Standards Board ("GASB") Statement 54. Transfers In/Out While technically not revenues and expenditures (and, hence, not shown above), transfers in and out of the General Fund contribute to fund balance increases and decreases, respectively. Neither Transfers In nor Transfers Out currently is expected to deviate from its budgeted total. Net Impact on Fund Balance Page 6 Staff Report — Fiscal Year 2014 Mid -Year Budget Review February 18, 2014 Combining the above revenue and expenditure projections with expected transfers in and out results in an anticipated fund balance gain of just over $2.0 million, compared to the budgeted usage of nearly $5.5 million Again however, the variance is largely due to the manner in which capital projects are budgeted and their multi -year nature. GENERAL FUND IMPACT ON FUND BALANCE FISCAL YEAR 2014 Adjusted Budget Projected Variance Revenue $47,721,634 $49,005,053 $1,283,419 Transfers In 459,609 459,609 Total Revenue & Transfers In $48,181,243 $49,464,662 $1,283,419 Expenditures $(51,765,032) $(45,585,643) $(6,179,389) Transfers Out (1,870,193) (1,870,193) - Total Expenditures & Transfers Out $(53,635,225) $(47,455,836) $(6,179,389) Fund Balance Change (5,453,982) 2,008,826 Beginning Fund Balance $21,449,616 $21,449,616 Ending Fund Balance $15,995,634 $23,458,442 Budget Adjustments During the mid -year budget review process, departments are afforded an opportunity to submit supplemental appropriation requests based upon actual or projected budgetary requirements not anticipated during the annual budgeting process and to request other budget adjustments. Below are the budget adjustments recommended. General Fund (001): Expenditure Appropriation Adjustment: $1,990.744.50 1. Fire Department (412) — Personnel budget increase for Overtime: $150,000 The department requests an increase of $150,000 to its overtime budget of $499,000. The anticipated increase in overtime expenditures is related to long-term injuries of employees, which requires other fire personnel to work additional overtime hours to ensure staffing compliance for the safety of City personnel as well for the safety and welfare of the general public. Department of Finance recommendation: Authorize the City Manager to approve budget adjustments totalling up to $150,000 for additional overtime expenses to be funded from either available savings elsewhere in the General Fund budget or, if necessary, unassigned fund balance in the General Fund. 2. Police Department (411) — Capital Outlay budget increase for Facility Upgrades: $150,000 Page 7 Staff Report — Fiscal Year 2014 Mid -Year Budget Review February 18, 2014 The department seeks to increase its Capital Outlay budget of $250,000 by $150,000. The increase in capital outlay expenditures is related to completing Property & Evidence Room upgrades. The department has to expand its current storage capacity to accommodate the storage of human (biological) forensic evidence as a result of the County of San Diego no longer providing that service. Additional storage space is required in order to accommodate refrigeration units, equipment, and related facility upgrades to ensure evidence is not destroyed or compromised. If this upgrade does not proceed, additional costs may be incurred for offsite storage in a facility that meets departmental standards. Department of Finance recommendation: Authorize the City Manager to approve budget adjustments totalling up to $150,000 for the Property & Evidence Room project to be funded from either available savings elsewhere in the General Fund budget or, if necessary, unassigned fund balance in the General Fund. 3. Fire Department (412) — M&O budget increase for wearing apparel: $3,550 The department requests an increase of $3,550 to its wearing apparel budget of $57,847. The increase in expense is related to the purchase of Class A uniforms for Firefighters completing probation per the City Council approved Memorandum of Understanding (MOU). Department of Finance recommendation: Authorize the City Manager to approve the budget adjustment of $3,550 for the purchase of the uniforms to be funded from either available savings elsewhere in the General Fund budget or, if necessary, unassigned fund balance in the General Fund. 4. Non -Departmental (409) — Establish appropriations to reflect acquisition ofproperty for the relocation of Public Works Operations: $1,672,638.50 On August 20, 2013, the Council authorized the acquisition of property located at 1726 Wilson Avenue for the relocation of the National City Public Works facilities. The appropriations are necessary to ensure that the transaction is correctly recorded in the City's financial system and will reflect the amount paid for the property as well as escrow fees and other transaction expenses. Department of Finance recommendation: Authorize the City Manager to approve the necessary budget adjustments totalling $1,672,638.50 to properly record the property acquisition transaction. The funding source is unanticipated revenue received by the City from the sale of the 2100 Hoover Avenue site to the Housing Authority. 5. Mayor and City Council (401) — Establish appropriations to properly record expenditures related to the State of the City Address event: $14,556 Since 2010, donations received and expenditures for the Mayor's State of the City Address were recorded in a liability account titled, Miscellaneous Deposits. This allowed the remaining balance in the account to be carried forward into the succeeding fiscal year. However, this is not a recommended accounting practice. For true transparency, donations should be recorded in a revenue account and expenses in an appropriate expenditure account. Page 8 Staff Report — Fiscal Year 2014 Mid -Year Budget Review February 18, 2014 Department of Finance recommendation: Authorize the City Manager to establish appropriations of $14,556 in a State of the City Address account. The amount represents the sum of the balance that was in the Miscellaneous Deposits account at the end of last fiscal year ($6,056) and the donations received to date in the current fiscal year ($8,500). A corresponding revenue account and budget will also be established. General Fund (001): Revenue Budget Adjustment: $1,672,638.50 1. Other Revenue — Sales of Real Property (3601) — Increase revenue budget: $1,672,638.50 This adjustment will reflect the use of unanticipated revenue from the sale of the 2100 Hoover Avenue site for the purchase of the 1726 Wilson Avenue site. Department of Finance recommendation: Authorize the City Manager to approve the revenue budget adjustment totalling $1,672,638.50 as a companion to the recommended appropriation adjustment for the acquisition of the 1726 Wilson Avenue site. Section 8 Fund (502) — Expenditure Appropriation Adjustments: $24,000 1. Housing, Grants & Asset Management (419) - M&O increase for various items: $24,000 The department requests an increase in appropriations in the following accounts: • Professional Services (Acct #213): increase budget of $22,000 by $5,000 to hire a private law firm to handle Section 8 hearings, and $6,000 to pay a private law firm for ongoing legal expenses. • Memberships and Subscriptions (Acct #222): increase budget of $4,900 by $1,000 to pay membership dues for CAHA (California Association of Housing Authorities). • Material & Supplies (Acct #399): increase budget of $5,100 by $2,000 to purchase office supplies for the remainder of the fiscal year. • Contract Services (Acct #299): increase budget of $36,000 by $10,000 to upgrade the HAPPY Software to Housing Pro for Section 8 staff. The software upgrade will create efficiencies in managing the Section 8 program. Depaitunent of Finance recommendation: Authorize the City Manager to approve the requested $24,000 in budget adjustments. The Section 8 fund has adequate fund balance to fund these requests. Equipment Replacement Reserve Fund (644) — Expenditure Appropriation Requests: $40,000 1. Public Works Department (416) — Capital Outlay increase for the purchase of Mowers: $40,000 Page 9 Staff Report — Fiscal Year 2014 Mid -Year Budget Review February 18, 2014 The department requests the replacement of two mowers used to maintain City owned park space that cost approximately $20,000. Department of Finance recommendation: Authorize the City Manager to approve the requested $40,000 budget adjustment. The Equipment Replacement Reserve Fund is designated for these specific purposes, and has adequate fund balance to fund this purchase. Budget Transfers During the mid -year budget review process, changes to the budget were identified that, if approved, would better reflect operational needs or the character of an expense. Department of Finance recommendation: Authorize the City Manager to approve the budget adjustments described below. These transfers will not increase the overall appropriations. General Fund (001) 1. Transfer appropriations of $50,000 from Part -Time Salaries (Acct #100) to Contract Services (Acct #299) within the Community Development (418) department for the YMCA Agreement. 2. Transfer the Neighborhood Council (Activity #414) from the Community Development Department (418), including appropriations totalling $15,000, to the City Manager's Office (403). The staff member administering the program has moved from the Community Development Department to the City Manager's Office. This budget change is to ensure that oversight is properly aligned with the responsible department. 3. Transfer the Community and Police Relations Committee (Activity #415) from the Community Development Department (418), including appropriations totalling $7,500, to the City Manager's Office (403). The staff member administering the program has moved from the Community Development Department to the City Manager's Office. This budget change is to ensure that oversight is properly aligned with the responsible department. 4. Transfer appropriations of $25,000 for student interns under the San Diego State University (SDSU) Sage Program from Part -Time Salaries (Acct #100) to Contract Services (Acct #299) within the City Manager's Office (403). CONCLUSION Looking ahead, the City appears to be on pace to again build upon its fund balances in Fiscal Year 2014. If projections hold, staff recommends applying any eligible surplus to reserves, in order to remain in compliance with the City's goal of a Contingency Reserve balance ("Unassigned Fund Balance") of at least 25% percent of General Fund operating expenditures Page 10 Staff Report — Fiscal Year 2014 Mid -Year Budget Review February 18, 2014 and/or increase the funding levels of the City's other reserves, which are well below their stated goals. Factors which are likely to affect that outcome include the following: • Actuarial adjustments by the California Public Retirement System (Ca1PERS) are estimated to require increases in the City's employer contribution to employee pension funds into the foreseeable future. For Fiscal Year 2014, the City's contribution has increased over Fiscal Year 2013's by 1.663% of payroll to 22.9% for miscellaneous employees and by 1.793% to 39.8% for public safety employees. Contribution rates currently are estimated to reach 33% and 52% for miscellaneous employees and public safety employees, respectively, in Fiscal Year 2020. • By Council Policy, the City maintains a series of reserves. Staff is reviewing current reserve levels and the policies governing them, as well as the inventory of deferred maintenance and deferred equipment replacement, which may result in recommendations in these areas. Staff will include discussion &/or recommendations regarding this policy in the third quarter budget report. • The voter -approved District Sales Tax is set to sunset in 2016. The City Council recently approved staff's recommendation to proceed with developing language for a ballot measure to extend the tax. As demonstrated by the revenue figures contained in this report, the District Sales Tax continues to be essential in allowing the City to meet its financial obligations. As has been the case since the year of its inception, absent this tax, the City would not be able to meet its obligations in Fiscal Year 2014. That trend is expected to continue. As such, it is imperative to reserve any surplus in preparation for 2016. RECOMMENDATIONS Accept this staff report. Authorize the City Manager to approve budget adjustments totalling up to $150,000 each for additional Fire Department overtime expenses and the Police Department's Property & Evidence Room project and $3,550 for Class A Firefighter uniform to be funded from either available savings elsewhere in the General Fund budget or, if necessary, unassigned fund balance in the General Fund. Adopt the remaining above -referenced budget adjustments and restructuring requests. FISCAL IMPACT If all recommendations are approved, the impact of budget adjustments would be a $1,990,744.50 increase of total General Fund appropriations, $1,672,638.50 increase of the Page 11 Staff Report — Fiscal Year 2014 Mid -Year Budget Review February 18, 2014 General Fund revenue budget, Section 8 Fund appropriation increase of $24,000, and Equipment Replacement Reserve Fund appropriation increase of $40,000. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 18, 2014 AGENDA ITEM NO. 15 ITEM TITLE: Scheduling of City Council workshops related to the discussion and preparation of the City of National City's annual budget for Fiscal Year 2015. PREPARED BY: Ed Prendell, Budget Analyst `�%DEPARTMENT: Financ� PHONE: 619-336-4332 APPROVED BY: vi Ik� EXPLANATION: The City of National City operates on a fiscal year calendar: July 1 through June 30. On or before June 30 of each year the operating budget for the following fiscal year is presented to the City Council for adoption. The process of developing the City's annual budget includes a series of events over a four to five month period including departmental budget reviews and budgeting requests, community meetings via Neighborhood Councils and financial reviews/analysis by the Finance Department. Another key component in the process has historically been budget workshops with the City Council as a means of seeking both Council direction and as another means of soliciting community input. In preparation of the budget calendar for the development and adoption of the Fiscal Year 2015 annual budget, staff has tentatively scheduled two City Council budget workshops. Said workshops are tentatively scheduled for April 29, and May 13, 2014. Both dates are "off Tuesdays", that is to say they are Tuesdays on which there is no regular meeting of the City Council scheduled. With this item, staff seeks approval of these tentative budget workshop dates. In the alternative, if said dates are not agreeable to the majority of the City Council, direction on alternative dates is sought. FINANCIAL STATEMENT: APPROVED: 7/4 ACCOUNT NO. APPROVED: There is no fiscal impact associated with this item. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: r� inance MIS STAFF RECOMMENDATION: Accept staff's recommended budget workshops dates of April 29 and May 13, 2014; or, in alternative, provide direction on alternatives dates. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Fiscal Year 2015 Budget Calendar BUDGET SCHEDULE - FISCAL YEAR 2015 Finance Monday, Jan. 27th Budget calendar provided to department heads. Monday, Feb. loth Budget instructions & budget forms distributed.EDEN open for Departments to enter information. Finance Thursday, Feb. 27th Departments enter appropriation proposals in EDEN by 5:00 pm All departments Monday, Mar. 10th 10:00 AM - 12:00 PM 2 - 3:00 PM Departmental budget meetings with Finance to discuss and review appropriation proposals. The specific time and location will be sent out prior to the meeting. City Council City Clerk City Treasurer City Attorney Tuesday, Mar. llth 9:30 AM - 12:00 PM Departmental budget meetings with Finance to discuss and review appropriation proposals. The specific time and location will be sent out prior to the meeting. City Manager Administrative Services Finance Human Resources MIS Risk Management Non -Departmental (Non-CIP) Tuesday, Mar. 12th 9:30 AM - 12 PM 2:00 - 4:00 PM Departmental budget meetings with Finance to discuss and review appropriation proposals. The specific time and location will be sent out prior to the meeting. Police Fire/Building HGAM Monday, Mar. 17th 10:00 AM - 12:00 PM 2:00 - 3:00 PM Departmental budget meetings with Finance to discuss and review appropriation proposals. The specific time and location will be sent out prior to the meeting. Engineering & Public Works Parks Maintenance Facilities Maintenance Vehicle Maintenance CIP (All Funds) Tuesday, Mar. 18th 2:00 - 5:00 PM Departmental budget meetings with Finance to discuss and review appropriation proposals. The specific time and location will be sent out prior to the meeting. Community Development Community Services Library Neighborhood Services Planning 1 of 2 City (2015) BUDGET SCHEDULE - FISCAL YEAR 2015 Tuesday, Mar. 19th Departmental budget recall(s) scheduled (if necessary). Finance Tuesday, Mar. 26th 2:00 - 5:00 PM Budget review (all departments). Finance Administrative Services City Manager Tuesday, Apr. 8th 10:00 AM - 12:00 PM 2:00 - 4:00 PM Departmental budget recall(s) (if necessary). Finance Other departments Monday, Apr. 14th Send Preliminary Budget to printer and upload copy to City's website. Finance IT Tuesday, Apr. 29th 6 PM Budget Workshop / Preliminary Budget Presentation (pending Council approval of date & time). Council/Staff Wednesday, May 7th 6:30 PM Neighborhood Council presentations (Kimball Neighborhood Council Meeting). Finance Thursday, May 8th 6:30 PM Neighborhood Council presentations (El Toyon Neighborhood Council Meeting). Finance Tuesday, May 13th 6 PM Budget Workshop (pending Council approval of date & time). Council/Staff Wednesday, May 21st 6:30 PM Neighborhood Council presentations (Las Palmas Neighborhood Council Meeting). Finance Tuesday, Jun. 17th 6 PM Budget Hearing / Adoption of Budget. Council/Staff 2 of 2 City (2015) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 18, 2014 AGENDA ITEM NO. 16 ITEM TITLE: "E" Newsletter. DEPARTMENT: APPROVED BY: City Manager's Office Leslie Deese Preview of the City's draft Electronic PREPARED BY: Lauren Maxilom PHONE: (619) 336.4289 EXPLANATION: See attached Staff Report FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: FINAL ADOPTION: APPROVED: MIS n/a ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Accept and file ATTACHMENTS: Staff Report Staff Report: Preview of the City's draft Electronic "E" Newsletter Consistent with the City's Strategic Plan 1 c to expand public access to city services and information, an electronic newsletter could serve as another mechanism to support this initiative. The addition of an e-newsletter would enhance and supplement the City's current efforts of community outreach and resident engagement. Background: Citizen engagement, one of the City Council's top priorities, involves more than just public participation at meetings and events. The use of technology provides us with even greater opportunities to engage our residents to ensure they have access to a wide range of tools and information to participate more fully in city government. Despite a difficult economy and dwindling budgets, National City has worked hard to ensure transparency and communication with our residents; some of the ways we have done so include: • Publishing a printed City Newsletter (periodically from 1980 thru 2009) • Establishing the Neighborhood Council Program (2004) • Redesigning the City's Website (2008) • E-News Sign-up (2008) * see attached • Publishing electronic and printed recreation brochures • Webcasting meetings of the City Council, Planning Commission , and Oversight Board (2008) • Installing electronic messaging boards at major city facilities (2008-City Hall 2011-MLK & Library) • Providing online agendas and backup material for all city council and board/ commission meetings (2012) • Social Media (2012) • Installing Wi-Fi at major city facilities (2012) At the November 19, 2013 City Council meeting Council supported the concept of publishing an e-newsletter, with the staff recommended factors: • One year pilot program to gauge community interest. • Bi-monthly newsletter with City staff created story content • Contract with a firm whose expertise is in newsletter design / development and has the capability to host (or maintain) the subscriber list • Approximate annual cost of $5,000 The conceptual layout of the City e-newsletter is not attached but will be viewed digitally during the Council meeting. Editions will be electronically released in March, May, July, September, November, and January. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 18, 2014 AGENDA ITEM NO. 1r7 ITEM TITLE: Staff Report on the proposed timeline for the development and drafting of a proposed ballot measure to extend the City's previously voter -approved ten year district sales tax beyond 2016 to maintain the City's public safety services, prevent cuts to police and fire services and ensure adequate funding for parks, libraries, and other City services, to be placed on the November 2014 ballot. PREPARED BY: Claudia Gacitua Silva PHONE: Ext. 4222 EXPLANATION: Please see attached staff report. DEPARTMENT: APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff report STAFF REPORT PROPOSED TIMELINE FOR THE DEVELOPMENT AND DRAFTING OF A PROPOSED BALLOT MEASURE TO EXTEND THE CITY'S PREVIOUSLY VOTER -APPROVED TEN YEAR DISTRICT SALES TAX BEYOND 2016 TO MAINTAIN THE CITY'S PUBLIC SAFETY SERVICES, PREVENT CUTS TO POLICE AND FIRE SERVICES AND ENSURE ADEQUATE FUNDING FOR PARKS, LIBRARIES, AND OTHER CITY SERVICES, TO BE PLACED ON THE NOVEMBER 2014 BALLOT Introduction On January 21, 2014, City Staff presented a three year operating plan for fiscal years 2015 through 2017. This operating plan took into account the necessary reductions to the general fund to account for the loss of general fund revenue due to the expiration of the one -cent district sales tax. Based on the staff presentation, which also included the high level findings from a recent community survey report, City Council authorized the development and drafting of a proposed ballot measure to extend the City's existing voter -approved ten-year district sales tax beyond 2016 to maintain the City's public safety services, prevent cuts to police and fire services, and ensure adequate funding for parks, libraries, and other City services. Background The purpose of this staff report is to provide the City Council with the anticipated timeline for bringing forward for City Council consideration an ordinance to extend the district sales tax. The timeline is premised upon the ballot measure being placed on the November 2014 ballot, which is the next regularly scheduled election. Discussion The next regularly scheduled election is set for November 4, 20141. There are actions to be taken by the City Council prior to the election to adopt an ordinance placing the extension of the previously voter -approved ten-year district sales tax on the November ballot. Elections Code section 9222 requires that the "election shall be held not less than 88 days after the date of the order of election." The last day (the 886 day) to call the election and for the County to receive the request for services is August 8th by 5:00 p.m. While August 8th is the last day to call the election for the ballot measure, the following proposed timeline suggests earlier deadlines to allow sufficient time for any refinement to the proposed ballot language. The first two dates correspond to regularly scheduled City Council Meetings, with the remaining City Council meetings prior to the deadline in parenthesis. ' Staff is suggesting November 4, 2014 as that is the next regularly scheduled general election. The California Constitution (Article 23C, §2(b)) requires general taxes be voted upon in a regularly scheduled general election, except upon a unanimous vote of the City Council declaring a fiscal emergency. Time Line for Proposed Ballot Measure February 18, 2014 Staff Report • Submission of Proposition (Ordinance) July 1 • Call for Election3 July 1 • Impartial Analysis4 July 8-15 • Arguments For/Against Measures July 8-15 • Rebuttal Arguments6 July 18-25 (in response to arguments for/against) • Election November 4 (July 15 and Aug 5) (July 15 and Aug 5) The above timeline provides sufficient time to continue developing and drafting the ballot measure as directed. In addition, the timeline provides the City Council ample opportunity to consider the measure language and make revisions if so needed. Staff Recommendation Accept and file report. 2 Elections Code § 9222. 3 Elections Code § 9222, 10002. Elections Code § 9280 (impartial analysis should occur within 7-14 days after Council places measure on ballot). 5 Elections Code § 9282 (deadline for arguments should occur within 7-14 days after Council places measure on ballot). 6 Elections Code § 9285 (10 days after arguments).