ALEJANDRA SOTELO-SOLIS
Mayor
MARCUS BUSH
Vice Mayor
RON MORRISON
Councilmember
MONA RIOS
Councilmember
JOSE RODRIGUEZ
Councilmember
1243 National City Blvd.
National City, CA 91950
619-336-4240
Meeting agendas and
minutes available on the
City’s website at
WWW.NATIONALCITYCA.GOV
NOTICE: The health and well-being of National City residents, visitors, and employees during the COVID-19 outbreak remains our top priority.
The City of National City is coordinating with the County of San Diego Health Human Services Agency, and other agencies to take measures to monitor and reduce the spread of the novel coronavirus (COVID-19).
The World Health Organization has declared the outbreak a global pandemic and local and state emergencies have been declared providing reprieve from certain public meeting laws such as the Brown Act.
As a result, the City Council Meeting will occur only online to ensure the safety of City residents, employees and the communities we serve.
A live webcast of the meeting may be viewed on the city’s website at www.nationalcityca.gov. For Public Comments see “ PUBLIC COMMENTS” section below
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 Meeting s begin in Open Session at 5:00 p.m. or such other time as noted, and after announcing closed session items, convenes into a Closed Meeting . 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 t he 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 me eting, are available for review on the City’s website at www.nationalcityca.gov. Regular Meetings of the Elected Body are webcast and archived on the City’s website at www.nationalcityca.gov.
PUBLIC COMMENTS: There are multiple ways you can make sure your opinions are heard and considered by our City Council as outlined below:
Submit your public comment prior to the meeting: To submit a comment in writing, email [email protected], provide the agenda item number and title of the item in the subject line of your email. Public comments or testimony is limited to up to three (3) minutes. If the comm ent is not related to a specific agenda item,
AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION – HOUSING AUTHORITY OF
THE CITY OF NATIONAL CITY
ONLINE ONLY MEETING
https://www.nationalcityca.gov/webcast
LIVE WEBCAST
COUNCIL CHAMBERS
CIVIC CENTER
1243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CALIFORNIA
TUESDAY, MARCH 1, 2022 – 6:00 PM
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indicate General Public Comment in the subject line. All email comments received by 4:00 p.m. on the day of the meeting will be emailed to the City Council Members and made a part of the official record.
Register online and participate in live public comment during the meeting : To provide live public comment during the meeting, you must pre -register on the City's website at https://www.nationalcityca.gov/publiccomment by 4:00 p.m. on the day of the regular meeting to join the City Council Meeting.
***Please note that you do not need to pre-register to watch the meeting online, but you must pre-register if you wish to speak.
Once registered, you will receive an email with a link from Zoom to join the live meeting. You can participate by phone or by computer. Please allow yourself time to log into Zoom before the start of the meeting to ensure you do not encounter any last-minute technical difficulties.
***Please note that members of the public will not be shown on video; they will be able to watch and listen and speak when called upon. P ublic microphones will be muted until it is your turn to comment.
Each speaker is allowed up to three (3) minutes to address the City Council. Please be aware that the Mayor may limit the comments' length due to the number of persons wishing to speak or if comments become repetitious or unrelated.
All comments are subject to the same rules as would otherwise govern speaker comments at the meeting. Speakers are asked to be respectful and courteous. Please address your comments to the City Council as a whol e and avoid personal attacks against members of the public, City Council, and city staff.
Questions about public comment or City Council protocols? Please contact the City Clerk's Office at (619) 336-4228 or via email at [email protected].
INTERPRETATION SERVICES: To use the Zoom interpretation feature you must first Pre-Register on Zoom . Once logged into Zoom to use the interpretation feature , please scroll to the bott om of the Zoom screen (where the meeting controls are), click on the interpretation icon (world), and select English as your language. If you are joining using the Zoom mobile app (cell phone, tablet, etc.), please press the ellipsis (…), then Interpretation, and then choose your language.
WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted.
CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent port ion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public.
Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with th e Americans with Disabilities Act. Please 2 of 379
contact the City Clerk’s Office at (619) 336 -4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
AVISO: La salud y el bienestar de los residentes, visitantes y empleados de National City durante el brote de COVID -19 sigue siendo nuestra máxima prioridad. El Ayuntamiento de la Ciudad de National City se está coordi nando con la Agencia de Salud y Servicios Humanos del Condado de San Diego y otras agencias para tomar medidas con el fin de monitorear y reducir la propagación del nuevo coronavirus (COVID -19). La Organización Mundial de la Salud declaró el brote como una pandemia global y se han manifestado emergencias locales y estatales que resultan en la suspensión de ciertas leyes de reuniones públicas, tal como la Ley Brown.
Como resultado de ello, la junta del Concejo Municipal del Ayuntamiento se llevará a cabo solamente en línea para garantizar la seguridad de los residentes, empleados y comunidades locales que atendemos. Se podrá ver una transmisión en vivo de la junta en el sitio web del Ayuntamiento en www.nationalcityca.gov. Para comentarios públicos, vea la sección “COMENTARIOS PÚBLICOS” más adelante.
ORDEN DEL DÍA: Las sesiones públicas de todas las juntas ordinarias del Concejo Municipal/Comisión de Desarrollo Comunitario - Autoridad de Vivienda (en lo sucesivo denominado Órgano Electo) inician a las 6:00 p.m. el primer y tercer martes de cada mes.
Las audiencias p úblicas inician a las 6:00 p.m., a menos que se indique lo contrario. Las juntas cerradas inician en sesión abierta a las 5:00 p.m. o en cualquier otro momento que se indique, y tras anunciar los temas de la sesión cerrada, la junta se realiza como sesión cerrada. Si se programa una reunión de discusión y análisis, el tema y la hora de la misma aparecerán en la agenda. La Alcaldesa y los Concejales se reúnen por igual que el Presidente y los integrantes del Consejo de la Comisión de Desarrollo Comunitario.
INFORMES: Todos los temas e informes de la agenda de la sesión abierta, así como todos los documentos y escritos entregados al Órgano Electo menos de 72 horas antes de la sesión, aparecerán en el sitio web del Ayuntamiento. Las juntas ordinarias del Órgan o Electo se transmiten por Internet y se archivan en el sitio web del Ayuntamiento en www.nationalcityca.gov.
COMENTARIOS PÚBLICOS: Hay varias formas en las que puede asegurarse de que sus opiniones sean escu chadas y consideradas por nuestro Concejo Municipal como se describe a continuación:
Envíe su comentario público antes de la sesión: Para enviar un comentario por escrito, envíe un correo electrónico a [email protected], proporcione el núme ro del tema o asunto de la agenda y el título del tema o asunto en la línea de asunto de su correo electrónico. Los comentarios o testimonios públicos se limitan a tres (3) minutos. Si el comentario no se relaciona con un tema o asunto específico de la age nda, indique Comentario Público General en la línea de asunto. Todos los comentarios por correo electrónico recibidos antes de las 4:00 p.m. del día de la sesión se enviarán por correo electrónico a los miembros del Concejo Municipal y formarán parte del acta oficial.
Regístrese en línea y participe en los comentarios públicos en vivo durante la sesión:
Para proporcionar comentarios públicos en vivo durante la sesión, debe registrarse previamente en el sitio web del Ayuntamiento en
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https://www.nationalcityca.gov/publiccomment antes de las 4:00 p.m . del día de la junta ordinaria para incorporarse a la sesión del Concejo Municipal.
***Tenga presente que no necesita registrarse previamente para ver la sesión en línea, pero debe registrarse previamente si desea hablar.
Una vez registrado, recibirá un correo electrónico con un enlace de Zoom para integrarse a la sesión en vivo. Puede participar por teléfono o por computadora. Tómese el tiempo necesario para iniciar la reunión en Zoom an tes del inicio de la sesión para asegurarse de no encontrar dificultades técnicas de último momento.
***Tenga presente que las personas del público no se mostrarán en vídeo; podrán observar, escuchar y hablar cuando se les solicite. Los micrófonos público s se silenciarán hasta que sea su turno de comentar.
Cada orador tiene hasta tres (3) minutos para dirigirse al Concejo Municipal. Tenga en cuenta que la Alcaldesa puede limitar la extensión de los comentarios debido a la cantidad de personas que deseen h ablar o si los comentarios se vuelven repetitivos o no relacionados.
Todos los comentarios están sujetos a las mismas reglas que de otro modo regirían los comentarios de los oradores en la sesión. Se pide a los oradores que sean respetuosos y corteses. Dirija sus comentarios al Concejo Municipal en su conjunto y evite ataques personales contra personas del público, el Concejo Municipal y el personal del Ayuntamiento.
¿Preguntas sobre comentarios públicos o protocolos del Concejo Municipal? Comuníquese con la Oficina de la Secretaria del Ayuntamiento al teléfono (619) 336 -4228, o por correo electrónico a [email protected].
SERVICIO DE INTERPRETACI ÓN: Para utilizar la función de interpretación zoom primero debe registrarse previamente en el sitio web de Zoom. Una vez que haya iniciado sesión en zoom para utilizar la función de interpretación, favor de desplazarse a la parte inferior de la pantalla de Zoom (donde aparecen los controles). Haga clic en el ícono de interpretación (globo terráqueo), y seleccione " Spanish" (español). Si está utilizando la aplicación móvil de Zoom (celular, tableta, etc.), presione los puntos suspensivos (…), luego "interpretation" y luego el idioma.
AGENDA ESCRITA: Con contadas excepciones, el Órgano Electo puede tomar medidas únicamente sobre los temas que aparecen en la agenda escrita. Los temas que no aparezcan en la agenda deben aparecer en una agenda subsecuente, a menos que sean de emergencia o urgencia demostrada, y la necesidad de tomar medidas sobre esos temas haya surgido después de haber sido publicada la agenda.
CALENDARIO DE CONSENTIMIENTO: Los temas del calendario de consentimiento implican cuestiones de naturaleza rutinaria o no controvertida. Todos los tema s de consentimiento se adoptan mediante la aprobación de una sola moción del Concejo Municipal. Antes de la aprobación, cualquier tema puede eliminarse de la parte de consentimiento de la agenda y considerarse aparte, a petición de un concejal, individuo d el personal del Ayuntamiento o persona del público.
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Previa solicitud, esta agenda puede estar disponible en formatos alternativos apropiados para personas con discapacidades, en observancia de la Ley de Estadounidenses con Discapacidades. Llame al teléfo no (619) 336 -4228 de la Oficina del Secretario del Ayuntamiento para solicitar una modificación o adaptación de acceso relativa a la discapacidad. Notificar 24 horas antes de la sesión permitirá al Ayuntamiento hacer arreglos razonables para garantizar la accesibilidad a esta junta.
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OPEN TO THE PUBLIC
A. CITY COUNCIL
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE TO THE FLAG
PUBLIC COMMENTS (THREE-MINUTE TIME LIMIT)
PROCLAMATIONS AND CERTIFICATES
AWARDS AND RECOGNITIONS
PRESENTATIONS (FIVE-MINUTE TIME LIMIT)
1. PAG – ASA Law Clinic Presentation. (Diana Laranang and Aaron Giron)
INTERVIEWS / APPOINTMENTS
REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT)
CONSENT CALENDAR
2. Motion of the City Council of the City of National City, California approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting a nd providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk)
3. Adoption of a Resolution Declaring Findings to Continue Teleconference Meetings to March 15, 2022, as required by AB 361. (City Clerk)
4. Resolution of the City Council of the City of National City, California authorizing the Council to waive the formal bid process pursuant to section
2.60.110(B)(3) of the National City Municipal Code and authorizing the Mayor to execute a one -year agreement between the City of National City and SirsiDynix in the amount of $19,473, with four one -year automatic renewals with the ability to opt -out, for a five -year total amount not to exce ed $99,102.77 to cover the costs associated with the Cloud hosted solution (SaaS) for the National City Public Library’s Integrated Library System (ILS). (Library and Community Services)
5. Resolution of the City Council of the City of National City, California, authorizing the City Manager to enter into an agreement between the City of National City (“City”) and National City Living History Farm Preserve 6 of 379
(“NCLHFP”) for maintenance and operation of the Stein Farm for a 60 -month period from March 1, 2022 to February 28, 2027 and authorizing the establishment of a Cultural Assets fund appropriation of $5,000 and use of the Cultural Assets fund for maintenance and operating costs. (Library and Community Services)
6. Temporary Use Permit – The 13th Annual Granfondo San Diego Fun Bike Ride sponsored by Life Sports Foundation on April 3, 2022 from 7:30 a.m. to 5 p.m. with no waiver of fees. (Community Development)
7. Temporary Use Permit – Padres Pedal the Cause Bicycle Ride sponsored by Padres Pedal the Cause on April 9, 2022 from 10 a.m. to 2:15 p.m. with no waiver of fees. (Community Development)
8. Investment transactions for the month ended November 30, 2021. (Finance)
9. Investment Report for the quarter ended December 31, 2021. (Finance)
10. Warrant Register #30 for the period of 1/21/22 through 1/27/22 in the amount of $1,690,448.38. (Finance)
11. Warrant Register #31 for the period of 1/28/22 through 2/03/22 in the amount of $2,243,366.83. (Finance)
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS
12. Public Hearing – Resolution of the City Council of the City of National City, California authorizing the execution of an Order of Vacation of a portion of Kimball Way, north of East 14th Street and northwest of the intersection with ‘F’ Avenue, as part of the Kimball Highlands and San Ysidro Health (PACE) Clinic project. (Applicant: Excel Engineering) (Case File No. 2021 -23 SC (Planning)
13. Public Hearing and Introduction of an Ordinance of the City Council of the City of Nation al City, California, adopting a Military Equipment Policy. (City Attorney)
NON CONSENT RESOLUTIONS
14. Resolution of the City Council of the City of National City, California, approving National City Police Department Policy 706 and Procedure 706 for the use of Military Equipment as mandated by California Assembly Bill 481. (Police)
NEW BUSINESS
15. Notice of Decision – Planning Commission approval of a Conditional Use Permit for the modification of a n existing wireless communications facility 7 of 379
located at 1215 Wilson Avenue. (Applicant: T -Mobile) (Case File 2021 -09 CUP) (Planning)
16. Notice of Decision – Planning Commission approval of a Conditional Use Permit for the relo cation of an existing wireless communications facility located at 1320 Highland Avenue. (Applicant: Verizon Wireless) (Case File 2022-02 CUP) (Planning)
17. Discussion of COVID related protocols pertaining to City Council Meetin gs and City Council appointed Boards, Commissions and Committees (BCCs). (City Clerk)
B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY
CONSENT RESOLUTIONS - HOUSING AUTHORITY
18. Resolution of the Community Development Commission -Housing Authority of the City of National City, California ratifying an overage of expenditures in the amount of $42,686.49 for legal services provided by Christensen & Spath, LLP on housing-related matters. (Housing Authority)
19. Resolution of the Community Development Commission -Housing Authority of the City of National City, California authorizing the Mayor to execute an Agreement for legal services provided by Christensen & S path, LLP to assist in affordable housing project negotiations, advise the CDC -HA Board, and research and preparation of documents related to these matters. (General Counsel)
PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY
NON CONSENT RESOLUTIONS - HOUSING AUTHORITY
NEW BUSINESS - HOUSING AUTHORITY
C. REPORTS
STAFF REPORTS
20. City Manager Report. (City Manager)
MAYOR AND CITY COUNCIL
CLOSED SESSION
CLOSED SESSION REPORT
ADJOURNMENT
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Regular Meeting of the City Council and Comm unity Development Commission - Housing Authority of the City of National City - Tuesday - March 15, 2022 - 6:00 p.m. - Council Chambers - National City, California. 9 of 379
The following page(s) contain the backup material for Agenda Item: PAG – ASA Law Clinic Presentation. (Diana Laranang and Aaron Giron)
Please scroll down to view the backup material.
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Item # ___
03/1/22
PAG – ASA LAW CLINIC PRESENTATION
(Diana Laranang and Aaron Giron)
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The following page(s) contain the backup material for Agenda Item: Motion of the City Council of the City of National City, California approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk) Please scroll down to view the backup material.
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Item # ___
03/01/22
MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY APPROVING THE WAIVING OF THE READING OF THE
TEXT OF THE ORDINANCES OR RESOLUTIONS THAT ARE
HAVING A PUBLIC HEARING CONSIDERED AT THIS MEETING
AND PROVIDING THAT SUCH ORDINANCES OR RESOLUTIONS
SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING
OF THE TITLE ONLY.
(City Clerk)
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The following page(s) contain the backup material for Agenda Item: Adoption of a Resolution Declaring Findings to Continue Teleconference Meetings to March 15, 2022, as required by AB 361. (City Clerk)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
None.
ITEM TITLE:
PREPARED BY: DEPARTMENT:
PHONE:
EXPLANATION:
APPROVED BY:
AGENDA ITEM NO. MEETING DATE:
ENVIRONMENTAL REVIEW:
This action is not subject to review under the California Environmental Quality Act (CEQA)
FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:
ACCOUNT NO.
STAFF RECOMMENDATION:
BOARD / COMMISSION RECOMMENDATION:
RECOMMENDATION:
ATTACHMENTS:
_ Shelley Chapel
__________________
________________
March 1, 2022
1 Adoption of a Resolution Declaring Findings to Continue Teleconference Meetings to March 15, 2022, as required by AB 361 (City Clerk)
City Clerk
Adoption of the resolution would allow the City Council and the City Boards, Commissions and Committees to continue teleconference meetings via Zoom past the September 30, 2021, expiration date of the Governors Executive Order N -08-21. The State of Emerge ncy continues as the COVID -19 Delta Variant has emerged causing a spike in cases throughout the world. The City complies with the County of San Diego County Health Department and Cal OSHA requirements to ensure the health and safety of its staff and the public.
Adopting this resolution would allow the City Council to reevaluate this declaration of findings every 30 days for ongoing continuation or further action.
See Attachment A – Explanation regarding Assembly Bill No. 361
Shelley Chapel, MMC, Deputy City Clerk
A – Resolution
FINAL ADOPTION:
APPROVED: ________________ MIS
Staff recommends that the City Council adopt a resolution making the findings required by AB 361 to continue teleconference meetings of the City Council and the City Boards, Commissions and Committees after September 30, 2021 for a period of 30 days from the date of this meeting to be considered again by the City Council for ongoing continuation or further action.
(619) 336-4225
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RESOLUTION NO. 2022-
RESOLUTION OF CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, MAKING THE FINDINGS REQUIRED BY AB 361 TO CONTINUE TELECONFERENCE
MEETINGS OF THE CITY COUNCIL AND THE CITY BOARDS, COMMISSIONS, AND COMMITTEES AFTER MARCH 1, 2022 FOR A PERIOD OF 30 DAYS
WHEREAS, the World Health Organization has declared the COVID-19 outbreak a global pandemic and local and state emergencies have been declared providing reprieve from certain public meeting laws such as the Brown Act; and
WHEREAS, beginning March 2020, California Governor Newsom executed Executive Order N-29-20 including additional updates as the pandemic progressed and extending into 2021. The most recent Executive Order N -08-21, issued June 11, 2021 waived all physical presence requirements under the Ralph M. Brown Act as a means of limiting the spread of COVID-19; and
WHEREAS, Executive Order N-08-21 is set to expire on September 30, 2021. The date was predicted as a time when hopes were that agencies coul d begin to transition back to public meetings held in full compliance with the Ralph M. Brown Act; and
WHEREAS, on September 16, 2021, California Governor Newsom signed into law Assembly Bill (AB) 361, which extends the authority of public agencies to conduct meetings by teleconference, including video conference, while the state of emergency resulting from the COVID -19 pandemic and accompanying recommendations for social distancing remain in place; and
WHEREAS, on October 5, 2021, City Council adopted Re solution No. 2021-147 declaring findings to continue to teleconference for an additional 30 days; and
WHEREAS, on November 2, 2021, City Council adopted Resolution No. 2021-164 declaring findings to continue to teleconference for an additional 30 days; and
WHEREAS, on December 7, 2021, City Council adopted Resolution No. 2021-183 declaring findings to continue to teleconference for an additional 30 days; and
WHEREAS, on January 4, 2022, City Council adopted Resolution No. 2022-01 declaring findings to continue to teleconference for an additional 30 days; and
WHEREAS, on February 1 , 2022, City Council adopted Resolution No. 2022-11 declaring findings to continue to teleconference for an additional 30 days.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CI TY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
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1 Resolution No. 2022 –
Page Two
Section 1 : Makes the findings required by AB 361 to continue teleconference meetings of the Legislative Body and its appointed Boards, Commissions, and Committees.
Section 2. Makes the findings that the City of National City meets the requirements to continue holding me etings remotely in order to ensure the health and safety of its staff and the public.
Section 3. That the City Clerk shall certify t he passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 1st day of March, 2022.
__________________________
Alejandra Sotelo-Solis, Mayor
ATTEST:
_________________________
Luz Molina, City Clerk
APPROVED AS TO FORM:
__________________________
Charles E. Bell Jr., City Attorney
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The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California authorizing the Council to waive the formal bid process pursuant to section 2.60.110(B)(3) of the National City Municipal Code and authorizing the Mayor to execute a one-year agreement between the City of National City and SirsiDynix in the amount of $19,473, with four one-year automatic renewals with the ability to opt-out, for a five-year total amount not to exceed $99,102.77 to cover the costs associated with the Cloud hosted solution (SaaS) for the National City Public Library’s Integrated Library System (ILS). (Library and Community Services) Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETINGDATE: March1:2022 AGENDA ITEMNO.
ITEM TITLE:
Resolution of the CityCouncil of the Cityof NationalCity,Californiaauthorizingthe Council to waive the formal bid process pursuant to section2.60.110(B)(3)of the National CityMunicipal Code and authorizingthe Mayor to execute a one-year agreement between the Cityof NationalCityand SirsiDynixinthe amount of $19,473, with fourone-year automatic renewals with the abilityto opt-out,fora five-yeartotalamount not to exceed $99,102.77 to cover the costs associated with the Cloud hosted solution(SaaS) forthe NationalCityPublicLibrary’sIntegratedLibrarySystem (ILS).
Jo ce R an, Librar & Communit ServicesPREPARED BY: Diryectory y y DEPARTMENT: Library & Community Services PHONE: 619-470-5882 APPROVED BY: ,2;
EXPLANATION:
The proposed agreement with SirsiDynixwillallow forthe followingactions:
1. Continue the seamless integratedLibrarySystem currentlyutilizedby the NationalCityPublic Libraryand itspatrons, includingBIueCIoud Analytics,Enterprise Discovery Layer, and interface with new mobile app functionality.
Add SMS NotificationSoftware to enable textmessaging of patrons.
Give the Citythe optionto renew the contractforfouradditionalone-yearterms atan annual price increase cap of 1.9% or to terminate without penalty priorto the end of the currentyear for the followingyear.
Please see attached staffreportforfurtherdetails.
9’!“
FINANCIALSTATEMENT: APPROVED: WWW“— Finance
ACCOUNT N0. APPROVED: Am, Mm MIS
104-431—056—299—0000 ContractServices
ENVIRONMENTAL REVIEW:
This isnot a projectunder CEQA and istherefore not subject to environmental review. PRC 21065.
ORDINANCE: INTRODUCTION: FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD /COMMISSION RECOMMENDATION:
ATTACHMENTS:
1. StaffReport
2. SirsiDynixAgreement/Quote #110755
3. SirsiDyniX Master Agreement (February 3, 2015)
4. Resolution
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City Council Staff Report
March 1, 2022
ITEM
Resolution of the City Council of the City of National City, California authorizing the Council to waive the formal bid process pursuant to section 2.60.110(B)(3) of the National City Municipal Code and authorizing the Mayor to execute a one-year agreement between the City of National City and SirsiDynix in the amount of $19,473, with four one-year automatic renewals with the ability to opt-out, for a five-year total amount not to exceed $99,102.77 to cover the costs associated with the Cloud hosted solution (SaaS) for the National City Public Library’s Integrated Library System (ILS).
BACKGROUND
SirsiDynix Horizon is the Integrated Library System (ILS) used for various library functions such as cataloging, circulation, acquisitions, reserves, etc. With this item, staff seeks Council’s approval to continue use of the current cloud-based (SaaS) system and to enter into a new agreement with the current vendor with a waiver of the formal bid process.
EXPLANATION
Currently, the National City Public Library Integrated Library System (ILS) is SirsiDynix Horizon software. This ILS is a cloud-hosted solution (SaaS); consequently, all automatic daily backups and software upgrades are completed by SirsiDynix. The current software also includes BLUEcloud Analytics which offers enhanced reporting functions, and Enterprise which offers an enhanced discovery layer and search functionality for patrons. SirsiDynix provides the National City Public Library with a cloud-based ILS which has proved to be cost effective, provides vendor support for hardware and software, has improved the functionality of the system, and has facilitated more efficient use for staff and patrons.
This new agreement would add the service of SMS notifications to patrons, which enables staff to notify patrons via text regarding library material due dates, bills or programs and services.
This new service is in line with our technological enhancements in the Library such as our mobile app (to be launched in April 2022). This anticipated mobile app is also a SirsiDynix product and Council approved the acceptance of a State Library grant on September 21, 2021 to pay for its launch. The continued use of SirsiDynix Horizon will facilitate a seamless integration between the ILS and the new mobile app.
Staff are requesting that the City Council waive the formal bid process pursuant to section
2.60.110(B)(3) of the National City Municipal Code which states: “Formal competitive bidding may be waived by the city council, or the city manager within the limits of contracting 20 of 379
Staff Report – Resolution Authorizing SirsiDynix Agreement March 1, 2022
authority, where it has been determined that: …(3) in the case of technology and computer systems and software acquisition, delay would unduly i mpair or jeopardize the city's ability to efficiently operate its data management systems.”
RECOMMENDATION
Waive the formal bid process pursuant to section 2.60.110(B)(3) of the National City Municipal Code and authorizing the Mayor to execute a five-year agreement between the City of National City and SirsiDynix in the amount of $19,473, with four one-year automatic renewals with the ability to opt-out, for a five-year total amount not to exceed $99,102.77 to cover the costs associated with the Cloud hosted solution (SaaS) for the National City Library’s Integrated Library System (ILS).
FISCAL IMPACT
The total cost of the agreement for the maximum five (5) year period is $99,102.77, with the first year starting at $19,473. This amount is already appropriated in the Library budget for the Integrated Library System.
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SirsiDynix Technology Center – 3300 N. Ashton Blvd. – Suite 500 – Lehi, UT 84043 – Tel: 800 288-8020 Legal Fax: 801 223-5561 _____________________________________________________________________________________
January 14, 2022
Congratulations! As a key Preferred Customer of SirsiDynix we are pleased to offer you this Customer Success Agreement (CSA). The CSA provides National City Public Library the unique benefits designed to help you receive more value from SirsiDynix. Specifically:
Enterprise & eRC & 1 Connector @ 100% Discount for the Product & Services. Enterprise may be implemented but the next maintenance billing won’t be due until April 1st, 2022. SMS is provided at a 20% discount for Products & Services
This is not the only benefit you will receive as part of this CSA! We will continue to work with National City Public Library for the duration of this agreement to maximize your Library District’s usage of SirsiDynix software and services.
Our Library Relationship Management team will work with your primary SirsiDynix contact to make the most of resources available on our support portal (support.sirsidynix.com). These include access to product roadmaps, community websites and developers’ forum, free classes available via Mentor learning management system, enhancement forums and many more online resources.
Our goal is to ensure you are taking full advantage of the latest software features to streamline staff workflow and increase engagement with your community!
Because this CSA extends the value of relationship with SirsiDynix, there are a few terms and conditions that also extend for the duration of the agreement. These include:
1. The terms of the Master Agreement will continue to be in effect from through March 31, 2027.
Uplift’s will be 0% for Year 2 with ongoing uplift’s at 1.9%.
2. Because National City Public Library is purchasing products and/or services as part of this CSA, those products fall under the License Metrics of the library’s Master Agreement. Statement of Work dated November 2014 and other product purchase details are included in Sales Order of this CSA.
We are excited to begin this project with you. As you maximize the usage of SirsiDynix software and services, you’ll realize more value for maintenance investment. If you have any questions regarding this CSA, please give me a call.
Sincerely,
Tina Beecroft
Tina Beecroft
Executive Account Manager
Office: 800 288-8020 x7737
Mobile: 760-681-6025
22 of 379
Quote for National City Public Library
Quote Number 110755
This Quote is hereby fully incorporated into the current Agreement executed between SirsiDynix and Customer, if any. The above information is a trade secret, proprietary and confidential and is only for use by the library named above and not to be released.
Copyright 2022 Sirsi Corporation - All Rights Reserved
SirsiDynix Technology Center
3300 N. Ashton Boulevard,
Suite 500
Lehi, UT 84043
Phone: 800-288-8020
QUOTE
Quote 110755 for:
National City Public Library
5 Year CSA with Enterprise & eRC
Quote valid until:
March 31, 2022
Prepared by:
Tina Beecroft,
Executive Account Manager
23 of 379
Quote for National City Public Library
Quote Number 110755
This Quote is hereby fully incorporated into the current Agreement executed between SirsiDynix and Customer, if any. The above information is a trade secret, proprietary and confidential and is only for use by the library named above and not to be released.
Copyright 2022 Sirsi Corporation - All Rights Reserved
Quote Information
General and/or Custom Services Statement of Work
Any product's purchased & in implementation such as BC Mobile will continue to be serviced & billed as per the agreement.
24 of 379
Quote for National City Public Library
Quote Number 110755
This Quote is hereby fully incorporated into the current Agreement executed between SirsiDynix and Customer, if any. The above information is a trade secret, proprietary and confidential and is only for use by the library named above and not to be released.
Copyright 2022 Sirsi Corporation - All Rights Reserved
Purchase Details
All prices are in U.S. dollars ($) and are exclusive of taxes unless otherwise noted.
COMPONENT
Year 1
Estimated
Year 2
Estimated
Year 3
Estimated
Year 4
Estimated
Year 5
SirsiDynix Products
10,670
480
490
510
520
SirsiDynix Services
7,430
-
-
-
-
Discount
(17,490)
-
-
-
-
Active Products Total
18,863
18,863
19,221.40
19,586.61
19,958.76
Total
19,473
19,343
19,711.40
20,096.61
20,478.76
Active Products
Quantity
Total Price
Component
Note
1.00 3,730
BLUEcloud Analytics, Annual Subscription
1.00 1,750
Enriched Content Basic Public Subscription (Per 1000 Circ) please update annual
1.00 12,927
Horizon SaaS Core
1.00 376
Horizon SaaS SIP2 Interface Per Certified Vendor
10.00 0
Horizon SaaS User Seat License (ea)
1.00 80
SirsiDynix Symphony SaaS SIP2 Interface Per Certified
Vendor
18,863
Active Product Total Year 1
Initial Term: Five (5) Years
Initial Term Annual Price Increase Cap for SirsiDynix Products/Services: 0% in year 2 followed by 1.9% until Term renewal
The Initial Term and the Initial Term Annual Price Increase Cap set forth above shall apply to Active Products and new purchased Products/Services.
25 of 379
Quote for National City Public Library
Quote Number 110755
This Quote is hereby fully incorporated into the current Agreement executed between SirsiDynix and Customer, if any. The above information is a trade secret, proprietary and confidential and is only for use by the library named above and not to be released.
Copyright 2022 Sirsi Corporation - All Rights Reserved
Customer's usage is subject to limitations that can be found in the Terms and Conditions section at the end of the Quote.
SirsiDynix reserves the right to adjust Initial Term pricing for Third Party/integrated products/services if a Third Party vendor increases pricing for Third Party/integrated products/services.
Any applicable discount shall be applied on final payment. Any and all pre-printed terms and conditions on Customer's Purchase Order(s) submitted to SirsiDynix are hereby rejected and shall be superseded by the current Master Agreement, unless such additional terms are statutorily required of the Customer.
This Purchase Details section may not include pre-existing obligations for ongoing Products not listed in the Quote. 26 of 379
Quote for National City Public Library
Quote Number 110755
This Quote is hereby fully incorporated into the current Agreement executed between SirsiDynix and Customer, if any. The above information is a trade secret, proprietary and confidential and is only for use by the library named above and not to be released.
Copyright 2022 Sirsi Corporation - All Rights Reserved
Detailed Pricing
All prices are in U.S. dollars ($) and are exclusive of taxes unless otherwise noted.
COMPONENT
Qty
Total Price
Year 1
SirsiDynix Products
10,670
SaaS Enterprise Annual Subscription
1 SirsiDynix eRC Connector for OverDrive, Annual Subscription
1 SirsiDynix eResource Central Gateway Services, Annual Subscription
1 SirsiDynix SMS Notification for Horizon, Annual Subscription - 5K Message Package
1 SirsiDynix Services
7,430
Consulting:
Enterprise SureStart-3
1 SirsiDynix Enterprise Theme Customization
1 Product Delivery:
SirsiDynix Enterprise Software Installation
1 SirsiDynix eRC Gateway Services Installation
1 SirsiDynix SMS Notification Software Installation
1 Project Management:
Project Management for all products in this Quote
1 Training:
Ent-1101 SirsiDynix Enterprise End User, SELF-PACED
1 Ent-2201 SirsiDynix Enterprise Day to Day Administration, Hands-on Lab, GROUP
1 eRC-1101 SirsiDynix eResource Central (eRC), SELF-PACED
1 HznSMS-1201 Horizon SMS Notifications, SELF-PACED
1 27 of 379
Quote for National City Public Library
Quote Number 110755
This Quote is hereby fully incorporated into the current Agreement executed between SirsiDynix and Customer, if any. The above information is a trade secret, proprietary and confidential and is only for use by the library named above and not to be released.
Copyright 2022 Sirsi Corporation - All Rights Reserved
Discount
(17,490)
Preferred Account
Services Discount
Quote Total
610
28 of 379
Quote for National City Public Library
Quote Number 110755
This Quote is hereby fully incorporated into the current Agreement executed between SirsiDynix and Customer, if any. The above information is a trade secret, proprietary and confidential and is only for use by the library named above and not to be released.
Copyright 2022 Sirsi Corporation - All Rights Reserved
Component Descriptions
Each description below relates to a quantity of one for the component. There may be more than one in this Quote.
SirsiDynix Products
SaaS Enterprise Annual Subscription
SirsiDynix Enterprise is a state-of-the-art faceted search solution that empowers libraries to make their collections more searchable and discoverable than ever before. Capitalizing on fuzzy search logic technology never before available to libraries, SirsiDynix Enterprise delivers leading-edge faceted search capabilities, simplified search interfaces, and much more.
SirsiDynix eRC Connector for OverDrive, Annual Subscription Provides access through SirsiDynix eResource Central Gateway Services to the approved content of one OverDrive main account.
It does not include any 3rd Party fees which may be required by the Partner to use the content being accessed.
SirsiDynix eResource Central Gateway Services, Annual Subscription Minimum requirements: SirsiDynix Symphony 3.4.1 or Horizon 7.5.1 and above. eResource Central Gateway Services provides eBook integration which allows libraries to provide seamless access to all library resources via a single user interface.
Open Library and Project Gutenberg content is available and included with this service.
SirsiDynix SMS Notification for Horizon, Annual Subscription - 5K Message Package Subscription to the SMS Notification feature requires your ILS system to be on Horizon 7.5.2 or above. Up to 5,000 messages included per year. Messages not used at annual renewal will be forfeit. You may change the subscribed package to increase or decrease the number of messages at annual renewal time. You may also purchase active top-up package(s) of messages to make up the difference if you have used up the subscribed allocation.
SirsiDynix Services
Consulting
Enterprise SureStart-3
SureStart is a layer of consulting support designed to smooth the transition to Enterprise by addressing configuration issues like search limits, profiles, etc.
SirsiDynix Enterprise Theme Customization
Working with a SirsiDynix Consultant, theme customization addresses changing the look and feel of the product like colors, adding graphics, and using CSS to edit fonts and page layouts.
This custom work is guaranteed to work on the version of Enterprise currently installed on the customer's system.
SirsiDynix cannot guarantee compatibility with future releases. Updating custom work to be compatible with a later release will attract additional fees.
Product Delivery
29 of 379
Quote for National City Public Library
Quote Number 110755
This Quote is hereby fully incorporated into the current Agreement executed between SirsiDynix and Customer, if any. The above information is a trade secret, proprietary and confidential and is only for use by the library named above and not to be released.
Copyright 2022 Sirsi Corporation - All Rights Reserved
SirsiDynix Enterprise Software Installation
Includes installation of Enterprise in SirsiDynix SaaS facility, installation of Enterprise Agent on a Horizon or SirsiDynix Symphony ILS and installation/configuration of the appropriate Java Development (JDK). In addition; it includes the installation of Web Services for sites using SirsiDynix Symphony.
SirsiDynix eRC Gateway Services Installation
Includes installation and configuration of SirsiDynix eResource Central Gateway Services and one eRC connector.
SirsiDynix SMS Notification Software Installation
Project Management
Project Management includes the services of a Project Manager. The Project Manager is your primary point of contact during the implementation. You will work with your project manager to plan timeframes, schedule resources from the professional services team, and coordinate with other departments at SirsiDynix to deliver products and services outlined in this quote.
Depending on the type of implementation, the Project Manager will do the following:
- Act as your primary SirsiDynix contact during your implementation - Identify customer needs and key tasks to be accomplished by both the customer and SirsiDynix to ensure a successful implementation
- Organize meetings with you and appropriate SirsiDynix staff to kick off your implementation project - Work with SirsiDynix global operations staff to develop, communicate, and manage the overall implementation schedule
- Bring key SirsiDynix staff onto the project to ensure proper resources are available to meet critical milestones of your schedule
- Report to you regularly via phone and email status reports to keep everyone apprised of project progress - Monitor quality control checks at critical intervals in your project - Assist with the transition from Implementation phase to Customer Support
Training
Ent-2201 SirsiDynix Enterprise Day to Day Administration, Hands-on Lab, GROUP One seat in a group distance course. Learn to manage the day-to-day tasks needed by Enterprise Administrators.
Ent-1101 SirsiDynix Enterprise End User, SELF-PACED
One seat in the specified Self-paced training class.
This class will review the basic features available to users within Enterprise.
Content is English only.
eRC-1101 SirsiDynix eResource Central (eRC), SELF-PACED Learn to configure eResource Central to work with your public catalog (Enterprise, BLUEcloud Mobile or BLUEcloud PAC).
Content available in English only.
HznSMS-1201 Horizon SMS Notifications, SELF-PACED
Learn to set up and send SMS notifications in batch or individually via Horizon. This training is available in English only.
30 of 379
Quote for National City Public Library
Quote Number 110755
This Quote is hereby fully incorporated into the current Agreement executed between SirsiDynix and Customer, if any. The above information is a trade secret, proprietary and confidential and is only for use by the library named above and not to be released.
Copyright 2022 Sirsi Corporation - All Rights Reserved
Terms and Conditions
Current Contract License Limits:
Up to 340,000 annually circulated items.
SirsiDynix Professional Services performed by way of remote network access require ssh (Unix/Linux), Remote Desktop (Windows) or unattended Logmein Rescue (Windows) access for the duration of the project. The library may limit connectivity to the SirsiDynix Corporate IP address or implement a Cisco AnyConnect VPN tunnel. Other remote connectivity options may incur additional fees, onsite travel fees or void the ability of SirsiDynix to perform the project. A full description can be found in the Access Requirement for Support Guide on our customer support website.
Maintenance must be ordered for all copies of the Software and for all elements of the Software which are used conjunctively by Customer. Customer's System shall remain within two (2) previously released software versions of the most recent version of the software at all times or an additional maintena nce surcharge service charge will be added to the maintenance renewal.
Customer shall not integrate products offered by third parties into Software, Subscriptions or Subscription Software without additional license from SirsiDynix.
SirsiDynix shall have the right to aggregate and retain non-personally identifiable data.
Payment Terms
The term of any quoted products is for no less than the Initial Term and shall automatically renew for the length of the Initial Term. Subsequent years' Maintenance and Subscription fees are to be paid annually in advance.
Following the first year of System operation, Maintenance and Subscription fees will be subject to annual increases.
Unless otherwise specifically stated in writing, products and/or services purchased at promotional prices or with promotional discounts do not qualify for such discounts or limitations on price increases for subsequent years.
SirsiDynix Products and Services
• 100% due upon delivery of the first of any quoted SirsiDynix Products and Services Any reference to license metrics and/or licensed amounts included in this quote shall be applicable only to the Products and/or services mentioned in this quote. This document and any software or professional services associated with this document are hereby fully incorporated into the current Agreement executed between SirsiDynix and Customer. If there is no current agreement between the parties, the terms and conditions of the current SirsiDynix Master Software License and Services Agreement shall be deemed the controlling Agreement between the parties, a copy of which shall be furnished upon Customer's request. Any and all pre-printed terms and conditions on Customer's Purchase Order(s) submitted to SirsiDynix are hereby rejected and s hall be superseded by the current Agreement, unless such additional terms are statutorily required of the Customer. In the event of a conflict, the terms, payment terms, discounts, product lists and/or statement of work contained within this document shall take precedence over the current Agreement between the parties. In the event Customer desires or 31 of 379
Quote for National City Public Library
Quote Number 110755
This Quote is hereby fully incorporated into the current Agreement executed between SirsiDynix and Customer, if any. The above information is a trade secret, proprietary and confidential and is only for use by the library named above and not to be released.
Copyright 2022 Sirsi Corporation - All Rights Reserved
requires updated terms and conditions for the continuing business relationship with SirsiDynix, please contact your regional Sales Representative.
32 of 379
Quote for National City Public Library
Quote Number 110755
This Quote is hereby fully incorporated into the current Agreement executed between SirsiDynix and Customer, if any. The above information is a trade secret, proprietary and confidential and is only for use by the library named above and not to be released.
Copyright 2022 Sirsi Corporation - All Rights Reserved
Signature(s)
Customer Signature:
Sirsi Corporation dba SirsiDynix Signature:
National City Public Library
dl.signhere.1
By: _______________________________________
(Authorized Signature)
By: _____________________________________
(Authorized Signature)
dl.fullname.1
Name: _____________________________________
(Printed)
Name: __________________________________
(Printed)
dl.title.1
Job Title: ___________________________________
Job Title: ________________________________
dl.datesign.1
Date: ______________________________________
Date: ___________________________________
Billing Address:
National City Public Library
1401 National City Blvd.
National City
California 91950-3314
United States
33 of 379
File: National Citv Public Library GC#300383
MASTER AGREEMENT
BETWEEN
CITY OF NATIONAL CITY
AND SIRSIDYNIX
1. PURPOSE AND SCOPE
1.1 Parties and Effective Date. This Master Agreement (the "Master Agreement) is entered into between Sirsi Corporation dba SirsiDynix ("Sirs iDynix ") and the customer identified in the signature block below ("Customer "), with effect on the date of the last signature below ("Effect ive Date").
1.2 Purpose. This Master Agreement establishes the general terms and conditions to which the parties have agreed with respect to the provision of Products by SirsiDynix to Customer. Additional terms for the purchase of a specific Product are set forth in the Quote(s). By signing below, the parties acknowledge receipt of and agree to be bound by the terms and condtttons of this Master Agreement and the Quote(s) for Products purchased by Customer. All pre-printed or standard terms of any Customer purchase order or other business processing document shall have no effect.
1.3 Incorporation of Quotes . "Quote " means the document(s). regardless of actual name. executed by the parties which is incorporated by reference into the terms of this Master Agreement, and describes order-specific information, such as description of Product ordered, License Metrics, fees, statements of work , exhibits and milestones. At any time after execution of the Master Agreement and the initial Quote. Customer may purchase additional Products or otherwise expand the scope of existing licenses or Subscriptions granted under a Quote. upon SirsiDynix receipt and acceptance of a new Quote specifying the foregoing.
1.4 Incorporation of EULAs. Customer's use of any Third Party Products licensed hereunder or incorporated in the Products may be subject to. and Customer shall sign and comply with, any applicable EULAs.
1.5 Order of Precedence. To the extent any terms and conditions of this Master Agreement conflict with the terms and conditions of a Quote, the terms and conditions of the Master Agreement shall control, except where the Quote expressly states the intent to supersede a specific portion of the Master Agreement. To the extent any terms and conditions of this Master Agreement conflict with the terms and conditions of an EULA, the terms and conditions of the EULA shall control.
2. PRODUCTS USE RIGHTS; TITLE
2.1 Generally. Customer's purchase of Products under this Master Agreement may include from time-to-time Software, Subscriptions, Services. and/or Hardware. The following provisions under this Section 2 apply if relevant to the type of Product purchased pursuant to a Quote.
2.2.1 Software License. Subject to the terms and conditions of this Master Agreement including without limitation the restrictions set forth in. S~cti ~n
2.7 and Section 2.9 and timely payment of the applicable fees, StrstDyntx hereby grants to Customer a limited, non-exclusive, non-transfe~ab l e and perpetual (subject to SirsiDynix termination rights pursuan~ to l~ts ~aster Agreement) license to (i) install, run and use the Software tdenttfied m the Quote in the Operating Environment solely for Internal Business Purposes, and (ii) use the Documentation in connection with such use of the Software.
Customer may not make copies of the Software except a reasonable number of machine-readable copies solely for internal backup or archival purposes. All Intellectual Property rights notices must be reproduced and included on such copies. Customer shall maintain accurate and up-to-date records of the number and location of all copies of the Software and inform SirsiDynix in writing of such upon request. 2.2.2 Unless otherwise set forth in a Quote, the Software shall not be simultaneously loaded and operated
on more than one hardware platform, except temporarily during the process of platform migration. 2.2.3 Customer shall use the Third Party Products solely in conjunction with the SirsiDynix Software and Customer shall have no broader rights with respect to the Third Party Products than it has to the SirsiDynix Software. SirsiDynix may add and/or substitute functionally equivalent products for any third party items in the event of product unavailability, end-of-life, or changes to software requirements .
2.3.1 Subscriptions . For Subscriptions purchased by Customer, and subject to the terms and conditions of this Master Agreement including without limitation the restrictions set forth in Sections 2.7 and 2.9 and ttmely payment of the applicable fees, SirsiDynix grants to Customer the right to access and use the Subscription identified in the Quote solely for Internal Business Purposes and to use the Documentation in connection with such access and use for the Term. SirsiDynix shall use commercially reasonable efforts to make the Subscription Services available 24x7. except for scheduled downtime events, or emergency downtime events, or Internet service provider failures or delays. SirsiDynix will use commercially reasonable efforts to perform scheduled downtime events outside of normal business hours. Customer acknowledges that the Subscription Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. SirsiDynix is not responsible for any delays, delivery failures, or other damage resulting from such problems. 2.3.2 Customer is solely responsible for obtaining and maintaining at its own expense, all equipment that may be needed to access Subscriptions. including without limitation, Internet connections. Customer understands that Subscription communications may traverse an unencrypted public Internet connection and that use of the Internet provides the opportunity for unauthorized third parties to illegally gain access to Customer Data. Accordingly, SirsiDynix does not guaranty the pnvacy, security or authenticity of any information transmitted over or stored in any system connected to the Internet. 2.3.3 Customer is re~ponsible for maintaining the confidentiality of all passwords and for ensunng that each password is used only by the authorized user. Customer is responsible for all activities that occur under Customer's account. Customer agrees to immediately notify SirsiDynix of any unauthorized use of Customer's account or any other breach of security known to Customer. SirsiDynix shall have no liability for any loss or damage arising from Customer's failure to comply with these requirements. 2.3.4 Customer shall be solely responsible for the accuracy, quality, integrity and legality of Customer Data and of the means by which it acquired Customer Data. Customer acknowledges and agrees that SirsiDynix does not monitor or police the content of communications or data of Customer or its users transmitted through the Subscriptions, and that SirsiDynix shall not be responsible for the content of any such communications or transmissions. Customer shall use the Subscriptions exclusively for authorized and legal purposes, consistent with all applicable laws and regulations. Customer agrees not to post or upload any content or data which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening: (b) contains viruses or other contaminating or destructive features: (c) violates the rights of others, such as data which infringes on any intellectual property rights or violates any right of privacy or publicity; (d) constitutes sensitive personal information such as social security numbers, credit card information, or drivers license numbers: or (e) otherwise violates any applicable law. Customer .further agrees not to interfere or disrupt networks connected to. the Subscnpttons, not to interfere with another customer's use and enjoyment of stmtlar e,t SirsiDynix~
34 of 379
File: National City Public Library
services and to comply with all regulations, policies and procedures of networks connected to the Subscriptions. SirsiDynix may remove any violating content posted or transmitted on or through the Subscriptions, without notice to Customer. SirsiDynix may suspend or terminate any user's access to the Subscriptions upon notice in the event that SirsiDynix reasonably determines that such user has violated these terms and conditions. 2.3.5 The provision of third party Subscriptions is subject to availability from third party providers and SirsiDynix shall have no liability should such Subscription become unavailable for any reason or is no longer available under reasonable commercial tenns. 2.3.6 In the event that Customer is locally hosting Subscription Software, SirsiDynix hereby grants to Customer, subject to the terms and conditions of this Master Agreement including without limitation the restrictions set forth in Section 2.7 and Section 2.9 and timely payment of the applicable fees, a limited, non exclusive, non-transferable grant of use to locally install and use the Subscription Software solely for Customer's internal business purposes.
The grant of use for Subscription Software is not a license and remains in effect only while Customer is timely paying its Subscription fees to SirsiDynix. If Customer fails to timely pay Subscription fees, Customer must immediately discontinue use of and certify to SirsiDynix the removal of Subscription Software.
2.4.1 Services. Services are described in the Quote. SirsiDynix shall be responsible for securing, managing, scheduling, coordinating and supervising SirsiDynix personnel. including its subcontractors, in performing any Services. Any change to the scope of Services must be in writing signed by both parties. Once executed by both parties, a change shall become a part of the Quote. 2.4.2 Customer acknowledges and agrees that SirsiDynix performance is dependent upon the timely and effective satisfaction of Customer's responsibilities hereunder and timely decisions and approvals of Customer in connection with the Services. SirsiDynix shall be entitled to rely on all decisions and approvals of Customer. Customer's data must be provided to SirsiDynix in a format reasonably approved by SirsiDynix or additional charges will apply. Customer shall be responsible for providing secured access to Customer's systems to SirsiDynix. SirsiDynix alone shall decide whether such access is sufficient for the performance of Services.
2.5. Software Maintenance . 2.5.1 Subject to Customer's timely payment of applicable fees, SirsiDynix will provide during the Term Maintenance services for the Software in accordance with the maintenance plan indicated in the Quote, provided however that with respect to Third Party Products, SirsiDynix's obligation to offer Maintenance is limited to using commercially reasonable efforts to obtain Maintenance from the third party owner of such Software. All licenses in Customer's possession must be supported under the same maintenance plan. 2.5.2 Updates are provided if and when available, and SirsiDynix is under no obligation to develop any future programs or functionality. 2.5.3 SirsiDynix is under no obligation to provide Maintenance with respect to: (I) a Product that has been altered or modified by anyone other than SirsiDynix or its licensors; (il) a release for which Maintenance has been discontinued; (iii) a Product used other than in accordance with the Documentation or other than on the Operating Environment; (iv) discrepancies that do not significantly impair or affect the operation of the Product; or (v) any systems or programs not supplied by SirsiDynix. 2.5.4 For the avoidance of doubt, Updates provided under Maintenance services are subsequent minor or maintenance releases to the standard Products, excluding custom development or customizations whether such customizations are performed by SirsiDynix or by Customer or a third party. SirsiDynix reserves the right to charge Client for any reintegration work required to make customizations compatible with future releases. 2.5.5 If ordered, Maintenance must be ordered for all Software and all associated License Metrics licensed by Customer. Customer may not purchase or renew Maintenance for a subset of its licenses only. 2.5.6 If an Error was corrected or is not present in a more current release of the Product, SirsiDynix shall have no obligation to correct such Errors in prior releases of the Software. 2.5.7 Fees for Maintenance Services do not include implementation, training and other Professional Services. 2.5.8 It is Customer's responsibility to ensure that all appropriate users receive initial training services sufficient to enable Customer to effectively use the Software. Failure to do so could result in additional Maintenance fees if
GC#300383
service requests are deemed excessive as a result of insufficient training, at SirsiDynix's discretion.2.5.9 In the event Customer does not renew Maintenance and subsequently desires to reinstate Maintenance, a reinstatement fee shall be assessed equal to 120% of the aggregate Maintenance fee that would have been payable during the period of lapse.
2.5.1 0 For Software licenses and Subscription Software, Customer is solely responsible for the installation of Updates and agrees to (i) meet the Update standard set forth in the SirsiDynix Support Policies referenced in the definition of Maintenance and (ii) maintain the Operating Environment. With respect to Subscriptions, SirsiDynix is responsible for the implementation of Updates and shall no longer provide access to any previous release upon the date SirsiDynix migrates to a new Update for production use in SirsiDynix's hosted environment.
2.6.1 Hardware and Hardware Maintenance. Title to the Hardware identified in the Quote, if any, shall pass to Customer on SirsiDynix's placement of the Hardware with a common carrier or licensed trucker, which shall constitute delivery to Customer. Thereafter Customer will be responsible for risks of loss or damage, except for loss or damage caused by SirsiDynix in the process of installation. 2.6.2 SirsiDynix does not provide support for Hardware unless Customer purchases any available maintenance associated with such Hardware. Such Hardware maintenance may be provided through a third party and is subject to that third party's standard terms, conditions and warranties, if any.
2.7 License Metrics. Customer may not use the Products in excess ofthe License Metrics specified in the Quote. Additional License Metrics and associated Maintenance must be purchased at the pricing in effect at the time the additional License Metrics are added in the event actual usage exceeds the licensed quantity, prorated for the remainder of the then-current Term. The additional License Metrics purchased shall terminate on the same date as the pre-existing Products. Prices are based on License Metrics purchased and not actual usage. The number of License Metrics provided in the initial Quote is a minimum amount that Customer has committed to for the Term and there shall be no fee adjustments or refunds for any decreases in usage.
2.8 Reservation of Rights . All rights not expressly granted in the Master Agreement are reserved by SirsiDynix and its third party providers.
Customer acknowledges that: (i) all Software is licensed and not sold and all Subscriptions and Content are subscribed to and not sold; (ii) Customer acquires only the right to use the Protected Materials. SirsiDynix and its third party providers retain sole and exclusive ownership and all rights, title, and interest in, including Intellectual Property embodied or associated with, the Protected Materials and all copies and derivative works thereof (whether developed by SirsiDynix, Customer or a third party); and (iii) the Protected Materials, including the source and object codes, logic and structure, constitute valuable trade secrets of SirsiDynix and its third party providers.
Customer agrees to secure and protect the Products consistent with the maintenance of SirsiDynix's and its third party providers' rights in the Products, as set forth in this Master Agreement.
2.9 Restrictions. Unless specifically permitted or licensed by SirsiDynix, Customer shall not itself, or through any affiliate, employee, consultant, contractor, agent or other third party: (i) sell, resell, distribute, host, lease, rent, license or sublicense, in whole or in part, the Protected Materials; (ii) decipher, decompile, disassemble, reverse assemble, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architecture, structure or other elements of the Protected Materials, including the license keys, in whole or in part, for competitive purposes or otherwise; (iii) allow access to, provide, divulge or make available the Protected Materials to any user other than Customer's employees and independent contractors who have a need to such access and who shall be bound by a nondisclosure agreement with provisions that are at least as restrictive as the terms of this Master Agreement (except the Customer may grant access to public access catalogs to library users, other libraries, and third party entities); (iv) write or develop any derivative works based upon the Protected Materials; (v) modify, adapt, translate or otherwise make any changes to the Protected Materials or any part thereof; (vi) use the Protected Materials to provide processing services to third 8 SirsiDynix~
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parties, or otherwise use the same on a 'service bureau' basis; (vii) disclose or publish, without SirsiDynix's prior written consent, performance or capacity statistics or the results of any benchmark test performed on the Protected Materials; or (viii) otherwise use or copy the Protected Materials except as expressly permitted herein.
2.10 Customer Data. SirsiDynix disclaims ownership of any and all Customer Data, all bibliographic. authority, item, fine, patron, and other data loaded to, created and/or entered into Customer's database or supplied to SirsiDynix by Customer. Notwithstanding Customer's ownership of Customer Data, at the end of the Term SirsiDynix shall only be obligated to provide to Customer extractable Customer Data at no additional charge in a supported MARC and/or ASCII delimited format. SirsiDynix shall have the right to aggregate and retain non-personally identifiable data.
2.11 License Grant by Customer. Customer grants to SirsiDynix a non exclusive, royalty-free license, to use equipment, software, Customer Data or other material of Customer solely for the purpose of performing SirsiDynix's obligations under the Master Agreement.
2.12 Enforcement. Customer shall (i) ensure that all users of the Products comply with the terms and conditions of the Master Agreement, (ii) promptly notify SirsiDynix of any actual or suspected violation thereof and (iii) cooperate with SirsiDynix with respect to investigation and enforcement of the Master Agreement.
3. FINANCIAL TERMS
3.1.1 Fees and Payment Terms . The Customer shall pay the amounts set forth in the Quote. Subject to the provisions of the Quote, SirsiDynix may annually increase the fees of Subscription, Subscription Software and/or Maintenance upon 30 days written notice in advance . Invoices become past due 30 days after the invoice date. Interest accrues on past due balances at the higher of 1%% per month or the highest rate allowed by law. If Customer fails to make payments of any amount due under the Master Agreement, SirsiDynix will be entitled to suspend its performance upon ten (1 0) days written notice to Customer. 3.1.2 Unless expressly provided otherwise, amounts paid or payable for Software, Subscriptions, Subscription Software and Hardware are not contingent upon the performance of any Services.
3.2 Taxes. Customer agrees to pay any sales tax arising out of the Master Agreement , other than those based on SirsiDynix's net income. If Customer is tax-exempt, Customer agrees to send SirsiDynix a copy of its tax-exempt certificate upon execution of the Master Agreement. Customer agrees to indemnify SirsiDynix from any liability or expense incurred by SirsiDynix as a result of Customer's failure or delay in paying such sales tax due.
3.3 No Contingencies. Customer agrees that its purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written comments made by SirsiDynix regarding future functionality or features.
4. CONFIDENTIALITY
4.1 Non-Disclosure. Each party will protect the other party's Confidential Information from unauthorized dissemination and use the same degree of care that each such party uses to protect its own confidential information, but in no event less than a reasonable amount of care. Neither party will use Confidential Information of the other party for purposes other than those necessary to directly further the purposes of the Master Agreement. Neither party will disclose to third parties Confidential Information without prior written consent of the other party.
4.2 Exceptions . Information shall not be considered Confidential Information to the extent, but only to the extent, that the receiving party can establish that such information (i) is or becomes generally known or available to the public through no fault of the receiving party; (ii) was in the receiving party's possession before receipt from the disclosing party; (iii) is lawfully obtained from a third party who has the right to make such disclosure on a non-confidential basis; (iv) has been independently developed by one party without reference to any Confidential Information of the other; (v) is information aggregated by SirsiDynix that no longer contains any personally identifiable information; or (vi) is required to be disclosed by
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law provided the receiving party has promptly notified the disclosing party of such requirement and allowed the disclosing party a reasonable time to oppose such requirement. The parties acknowledge that Customer may be subject to freedom of information legislation and further acknowledges that such legislation may take precedence over the confidentiality provisions of this section as they apply to Customer.
5. PRIVACY
Customer represents and warrants that before providing personally identifiable information to SirsiDynix or its agents, it will comply with any laws applicable to the disclosure of personally identifiable information, including providing notices to or obtaining permission from third parties to allow sharing of their personally identifiable information with SirsiDynix under the Master Agreement. Customer will indemnify SirsiDynix for any breach of this representation and warranty. No personally identifiable information will be disseminated by SirsiDynix to any third parties, except as consented to by Customer or required by law.
6. INDEMNIFICATION
6.1.1 By SirsiDynix . SirsiDynix will defend or settle, at its option and expense, any action, suit or proceeding brought against Customer that the SirsiDynix Software (excluding Content and Third Party Products) infringe a third party's USA patent, registered copyright, or registered trademark ("Claim "). SirsiDynix will indemnify Customer against all damages and costs finally awarded which are attributable exclusively to such Claim, provided that Customer: (i) promptly gives written notice of the claim to SirsiDynix; (ii) gives SirsiDynix sole control of the defense and settlement of the Claim; (iii) provides SirsiDynix, at SirsiDynix's expense, with all available information and assistance relating to the Claim and cooperates with SirsiDynix and its counsel; (iv) does not compromise or settle such Claim; and (v) is not in material breach of any agreement with SirsiDynix. 6.1.2 SirsiDynix has no obligation to the extent any Claim results from: (i) Customer having modified the SirsiDynix Software or used a release other than the most current unaltered release of the SirsiDynix Software, if such an infringement would have been avoided by the use of such current unaltered release, (ii) Third Party Products and/or Content, or (iii) the combination, operation or use of the SirsiDynix Software with software or data not provided by SirsiDynix.
6.1.3 If it is adjudicated that the use of the SirsiDynix Software in accordance with the Master Agreement infringes any USA patent, registered copyright, or registered trademark, SirsiDynix shall, at its option: (i) procure for Customer the right to continue using the infringing SirsiDynix Software; (ii) replace or modify the same so it becomes non-infringing; or (iii) Customer will be entitled to an equitable adjustment in the fees paid for the affected SirsiDynix Software. THIS SECTION STATES SIRSIDYNIX'S ENTIRE
OBLIGATION TO CUSTOMER AND CUSTOMER'S SOLE REMEDY FOR
ANY CLAIM OF INFRINGEMENT.
6.2 By Customer. To the extent allowed by law, Customer shall defend or settle, at its option and expense, any action, suit or proceeding brought against SirsiDynix by a third party arising out of or in connection with: (i) any claim that Customer Data infringes on the intellectual property rights of a third party; (ii) any claim by a Customer user or (iii) any claim that Customer or a Customer's user is using the Product in a manner that violates the provisions of the Master Agreement. Customer's obligations under this section are contingent upon: (a) SirsiDynix providing Customer with prompt written notice of such claim; (b) SirsiDynix providing reasonable cooperation to Customer, at Customer's expense, in the defense and settlement of such claim; and (c) Customer having sole authority to defend or settle such claim.
7. WARRANTIES ; REMEDIES; DISCLAIMERS
7.1 SirsiDynix Software. SirsiDynix warrants that, for a period of 90 days from the Go Live Date, the SirsiDynix Software, as updated by SirsiDynix and used in accordance with the Documentation and in the Operating Environment , will operate in all material respects in conformity with the Documentation.
If SirsiDynix Software does not perform as warranted, SirsiDynix shall use commercially reasonable efforts to correct Errors. As Customer's exclusive remedy for any claim under this warranty, Customer shall promptly notify 8 SirsiDynix·
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EXCLUSION AND LIMITATION OF LIABILITY
8.1 TO THE FULLEST EXTENT PERMITTED BY LAW, SIRSIDYN IX'S
TOTAL LIABILITY (INCLUD ING ATTORNEYS FEES AWARDED UNDER
THE MASTER AGREEMENT) TO CUSTOMER FOR ANY CLA IM BY
CUSTOMER OR ANY THIRD PARTIES UNDER THE MASTER
AGREEMENT , EXCLUD ING LIABILITY PURSUANT TO SECTION 6
(Indemnification), WILL BE LIMITED TO THE FEES PAID BY CUSTOMER DURING THE PREVIOUS 12 MONTHS FOR THE PRODUCT WHICH IS
THE SUBJECT MATTER OF THE CLAIM.
SirsiDynix in writing of its claim. Provided that such claim is reasonably 8. determined by SirsiDynix to be SirsiDynix's responsibility , SirsiDynix shall , within ninety (90) days of its receipt of Customer's written notice; (i) correct such Error ; (ii) provide Customer with a plan reasonably acceptable to Customer for correcting the Error : or (iii) if neither (i) nor (ii) can be accomplished with reasonable commercial efforts from SirsiDynix , then SirsiDynix or Customer may terminate the affected SirsiDynix Software license and Customer will be entitled to an equitable adjustment in the fees paid for the affected SirsiDynix Software at SirsiDynix's discretion. The preceding warranty cure shall constitute SirsiDynix 's entire liability and Customer's exclusive remedy for cure of the warranty set forth herein . 8.2 IN NO EVENT WILL SIRSIDYNIX BE LIABLE TO CUSTOMER FOR
ANY INDIRECT, SPECIAL , INCIDENTAL, EXEMPLARY PUNITIVE ,
TREBLE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION , LOSS OF BUSINESS , REVENUE, PROFITS , STAFF TIME ,
GOODWILL , USE , DATA , OR OTHER ECONOMIC ADVANTAGE) ,
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY , TORT (INCLUDING NEGLIGENCE), PRODUC T LIABILITY
OR OTH ERWISE, WHETHER OR NOT SIRSIDYN IX HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES .
7.2 SlrsiDynix Subscr iptions. SirsiDynix warrants that Subscriptions , as used in accordance with the Documentation, will operate in all material respects in conformity with the Documentation.
8.3 NO CLAIM ARISING OUT OF THE MASTER AGREEMENT ,
REGARDLESS OF FORM , MAY BE BROUGHT BY CUSTOMER MORE
THAN TWO YEARS AFTER THE CAUSE OF ACTION ARISES.
7.3 Exclusions . SirsiDynix is not responsible for any claimed breach of any warranty caused by: (i) modifications made to the SirsiDynix Software by anyone other than SirsiDynix ; (ii) the combination. operation or use of the Sirs iDynix Software with any items that are not part of the Operating Environment: (iii) Customer's failure to use any new or corrected releases of the SirsiDynix Software made available by SirsiDynix; (iv) SirsiDynix's adherence to Customer's specifications or instructions; or (v) Customer deviating from the operating procedures described in the Documentation. TERM AND TERMINAT ION
7.4 Third Party Products . SirsiDynix warrants that it is an authorized 9' distributor of the Third Party Product and that with the execution of this 9.1 Term of Master Agreement. Subject to Section 10.12 below, the Master Agreement and the app licable EULA , Customer will have the right to term of this Master Agreement shall commence on the Effective Date and use such Product in accordance with the terms and cond itions of the terms shall continue in full force and effect for one year from the Effective Date , of this Master Agreement and the applicable EULA . SIRSIDYNIX MAKES unless otherwise terminated earlier as provided hereunder . The Term of NO OTHER WARRANTY WITH RESPECT TO ANY THIRD PARTY this Master Agreement may be renewed and continue in full force and effect PRODUCTS. CUSTOMER'S SOLE REMEDY WITH RESPECT TO SUCH as specified hereunder .
THIRD PARTY PRODUCTS SHALL BE PURSUANT TO THE ORIGINAL 9.2 Product and Services Term . The respective initial term of Software LICENSOR'S WARRANTY, IF ANY , TO SIRSIDYNIX, TO THE EXTENT Maintenance , Hardware Maintenance , Subscriptions, and Subscription PERMITTED BY THE ORIGINAL LICENSOR. THIRD PARTY PRODUCTS Software as applicab le, is specified in the Quote ("Initial Term "). The initial ARE MAD E AVAILABLE BY SIRSIDYNIX ON AN "AS IS, AS AVAILABLE" one -year term as specified in Section 9.1 of this Master Agree ment ("Initial BASIS. Term ") shall automatically renew for six (6) cons ecutive one-year terms as
7.5 Hardware . SirsiDynix warrants that it is an authori zed distributor of the Hardware . Hardware warrant ies shall be governed by the manufacturer 's warranty. SIRSIDYNIX MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO HARDWARE OR HARDWARE MAINTENANCE .
CUSTOMER'S SOLE REMEDY WITH RESPECT TO SUCH HARDWARE
OR HARDWARE MAINTENAN CE SHALL BE PURSUA NT TO THE
MANUFACTURER 'S WARRANTY, IF ANY.
7.6 Disclaimers . THE WARRANTIES SET FORTH IN THIS MASTER
AGREEMENT ARE IN LIEU OF , AND SIRSIDYNIX , ITS LICENSORS AND
SUPPLIERS EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT
PERMITTED BY LAW, ALL OTHER WARRANTIES , EXPRESS OR
IMPLIED , ORAL OR WRITTEN, INCLUD ING, WITHOUT LIMITATION, (i)
ANY WARRANTY THAT ANY PRODUCT IS ERROR-FREE OR WILL
OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED; (ii) ANY AND ALL IMPLIED WARRANTIES OF
MERCHANTABILITY , FITNESS FOR A PART ICULAR PURPOS E, AND NON-INFRINGEMENT, (iii) ANY WARRANTY THAT CONTENT OR THIRD PARTY PRODUCTS WILL BE ACCURATE, RELIABLE AND ERROR
FREE AND (iv) ANY AND ALL IMPLIED WARRANTIES ARISING FROM
STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR
USAGE OF TRADE . NO ADVICE , STATEMENT OR INFORMATION
GIVEN BY SIRSIDYNIX , ITS AFFILIA TES, CONTRACTORS OR
EMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY
PROVIDED HEREIN . CUSTOMER ACKNOWLEDGES THAT USE OF OR
CONNECTION TO THE INTERNET PROVIDES THE OPPORTUNITY FOR
UNAUTHORIZED THIRD PARTIES TO CIRCUMVENT SECURITY
PRECAUT IONS AND ILLEGALLY GAIN ACCESS TO THE SERVICES
AND CUSTOMER DATA AND THAT NO FORM OF ENCRYPTION IS
FOOL PROOF. ACCORDINGLY , SIRS IDYNIX CANNOT AND DOES NOT
GUARANTEE THE PRIVACY , SECURITY OR AUTHENTICITY OF ANY
INFORMA TION SO TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNE T.
set forth , and for the amounts set forth, in the Quote unless either party gives written notice 60 days prior to the end of any previous one-year term of its intention to terminate the Agreement. The Initial Term and renewal terms are referred to as the "Term ".
9.3.1 Termination . Either party may terminate the Master Agreemen t immediately upon written notice if the other party commits a non -remediable material breach of the Master Agreement, or if the other party fails to cure any remediable material breach or provide a written plan of cure acceptable to the non -breaching party within 30 days of being notified in writing of such breach . Where the non-breaching party has a right to terminate the Master Agreement , the non-breaching party may at its discretion terminate the Master Agreement or the applicable Quote. Quotes that are not term inated shall continue in full force and effect under the terms of this Master Agreement 9.3.2 Following termination of the Master Agreement, Customer agrees to certify that it has returned or destroyed all copies of the applicab le Product and Confident ial Information and acknowledges that its rights to use the same are relinquished. 9.3.3 Fees. Customer acknowledges that, based on Customer's willingness to purchase Products for the Term, SirsiDynix has provided Customer with Products and Services at rates that represent a substantial discount from the rates that SirsiDynix would otherwise charge, along with certain other free or substantially discounted products or services . Custom er therefore agrees that it is reasonable for Customer to pay a fee to SirsiDynix in the event of early termination for any reason , which becomes effective upon any date prior to the end of the last year of the Initial Term or prior to the end of any renewal term. Such fee shall be equal to 50% of the remaining value of the then-curr ent Term of the Products or Services , as applicable . Customer agrees that damages suffered by SirsiDynix in the event of such early termination are difficult or impossible to determine and that the above amount is intended to be a reasonable approx imation of such damages and not a penalty . Customer agrees that it will pay such amounts within thirty (30) days of any such early termi nation. Customer shall notify SirsiDynix in writing of its intent to terminate not less than sixty (60) days 8 SirsiDynix "
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prior to the date of termination and Customer shall not be eligible for any pro-rata credit or refund for unused partial year fees paid. 9.3.4 Non Appropriation of Funds. If for any given fiscal year the library loses all funding, the Master Agreement will be suspended at no penalty to Customer , upon SirsiDynix's receipt of written notice sixty (60) days prior to said suspension. Such notice will not relieve Customer of payments then owing. Customer shall not purchase similar materials, supplies, services , or items of equipment during the anticipated life of the terminated Master Agreement without notification to SirsiDynix and reinstatement of the terminated Master Agreement.
9.4. Suspension. SirsiDynix will be entitled to suspend any or all performance upon 10 days written notice to Customer in the event Customer is in breach of the Master Agreement. Further, SirsiDynix may suspend Customer's use of and access to all or a portion of the Subscriptions if, and so long as, in SirsiDyn ix's sole judgm ent. there is a security risk created by Customer that may interfere with the proper continued provision of services or the operation of SirsiDynix's network or systems. SirsiDynix may impose an additional charge to reinstate service following such suspension.
10. GENERAL PROVISIONS
10.1 Force Majeure. The parties will exercise every reasonable effort to meet their respective obligations hereunder but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control, including but not limited to power outages or failure of third party service providers. This provision does not relieve Customer of its obligation to make payments then owing.
10.2 Assignment. SirsiDynix may assign the Master Agreement and all of its rights and obligations herein without Customer's approval to its parent company or other affiliated company, to a successor by operation of law, or by reason of the sale or transfer of all or substantially all of its stock or assets to another entity. Neither party may otherwise assign or transfer the Master Agreement without the prior written consent of the other party, which shall not be unreasonably withheld. Notwithstanding the above, SirsiDynix may fulfill its obligations hereunder through its affiliated companies .
10.3 Cooperation. Customer agrees to provide cooperation, which means assistance, information, equipment, data, a suitable work environment , timely access, and resources reasonably necessary to enable SirsiDynix to perform any and all installation, implementation, and services required to fulfill its obligations hereunder including but not limited to ensuring SirsiDynix has remote access. Failure to grant such cooperation shall allow SirsiDynix to deem the Product purchased by Customer to be fully accepted and delivered. In the event any delay in implementing Products is caused by Customer resulting in SirsiDynix incurring additional expenses, the Customer shall pay to SirsiDynix the amount of such additional expenses.
10.4 Delegation. SirsiDynix may subcontract or delegate any work under any Quote to any third party without Customer's prior written consent, provided however that SirsiDynix shall remain responsible for the performance of any such subcontractors.
10.5 Notice of U.S. Government Restricted Rights. If the Customer hereunder is the U.S. Government, or if the Software is acquired hereunder on behalf of the US Government with U.S. Government federal funding, notice is hereby given that the Software is commercial computer software and documentation developed exclusively at private expense and is furnished as follows: "U.S. GOVERNMENT RESTRICTED RIGHTS.
Software delivered subject to the FAR 52.227-19. All use, duplication and disclosure of the Software by or on behalf of the U.S. Government shall be subject to this Master Agreement and the restrictions contained in subsection (c) of FAR 52.227-19, Commercial Computer Software - Restricted Rights (June 1987)".
10.6 Export. Customer shall comply fully with all relevant export laws and regulations of the United States to ensure that the Software is not exported, directly or indirectly, in violation of United States law.
10.7 Non-solicitation. During the term of this Master Agreement and for a period of one year following its termination , neither party will solicit for
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employment directly or through other parties, without the other party's written permission, any individual employed by the other party, provided however that the hiring of individuals responding to general public marketing and recruiting advertisements and events shall not be a violation of this provision; only active, targeted solicitation is prohibited .
10.8 Compliance. During the term of this Master Agreement and for a period of one year following its termination , SirsiDynix shall have the right to verify Customer's full compliance with the terms and requirements of the Master Agreement. If such verification process reveals any noncompliance by Customer, Customer shall reimburse SirsiDynix for the reasonable costs and expenses of such verification process incurred by SirsiDynix (including but not limited to reasonable attorneys' fees) , and Customer shall promptly cure any such noncomplianc e; provided, however, that the obligations under this section do not constitute a waiver of SirsiDynix's termination rights and do not affect SirsiDynix's right to payment for Products and interest fees related to usage in excess of the License Metrics .
10.9 Notices. Any notice required or permitted to be sent under the Master Agreement shall be delivered by hand, by overnight courier, by email to SirsiDynix at [email protected] , or by email to Customer at any current Customer email address routinely used by SirsiDynix, or by registered mail, return receipt requested , to the address of the parties set forth in the Master Agreement or to such other address of the parties designated in writing in accordance with this subsection.
10.10 Relationship. The Master Agreement is not intended to create a partnership , franchise, joint venture, agency, or a fiduciary or employment relationship. Neither party may bind the other party or act in a manner which expresses or implies a relationship other than that of independent contractor.
10.11 Invalidity. If any provision of the Master Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
10.12 Survival. The following provisions will survive any termination or expiration of the Master Agreement: sections 1, 2.7, 2.8, 2.10, 2.12, 3, 4, 5, 6, 7, 8, 9, and 10.
10.13 No Waiver. Any waiver of the provisions of the Master Agreement or of a party's rights or remedies under the Master Agreement must be in writing to be effective . Any such waiver shall constitute a waiver only with respect to the specific matter described in such writing and shall in no way impair the rights of the party granting such waiver in any other respect or at any other time. The waiver by either of the parties hereto of a breach or of a default under any of the provisions of the Master Agreement shall not be construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such provisions, rights or privileges hereunder. The rights and remedies herein provided are cumulative and none is exclusive of any other, or of any rights or remedies that any party may otherwise have at law or in equity. Failure, neglect. or delay by a party to enforce the provisions of the Master Agreement or its rights or remedies at any time, shall not be construed and shall not be deemed to be a waiver of such party's rights under the Master Agreement and shall not in any way affect the validity of the whole or any part of the Master Agreement or prejudice such party's right to take subsequent action.
10.14 Entire Agreement. The Master Agreement constitutes the parties' entire agreement relating to its subject matter. It cancels and supersedes all prior or contemporaneous oral or written communications, requests for proposals, proposals , conditions, representations , and warranties, or other communication between the parties relating to its subject matter as well as any prior contractual agreements between the parties. Notwithstanding the precedence of this Master Agreement , any existing Customer License Metrics shall continue unless new License Metrics are identified in a Quote.
No modification to the Master Agreement will be binding unless in writing and signed by an authorized representative of each party.
10.15 Third Party Beneficiaries. All rights and benefits afforded to SirsiDynix under the Master Agreement shall apply equally to the owner of the Third Party Products with respect to the Third Party Products, and such 8 SirsiDynix.
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third party is an intended third party beneficiary of the Master Agreement, with respect to the Third Party Products.
10.16 Governing Law and Venue . The Master Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to its principles of conflict of laws. Any dispute shall be litigated in the state or federal courts located in California to whose exclusiv e j urisdiction the parties hereby consent. In addition, the parties hereby waive any objection they may have based upon lack of personal jurisd iction, improper venue and/or "forum non conveniens ".
10.17 Application of Laws . The parties agree that this contract is not a contract for the sale of goods; therefore, the Master Agreement shall not be governed by any codification of Article 2 or 2A of the Uniform Commercial Code, or any codification of the Uniform Computer Information Technology GC#300383
Act ("UCITA"), or any references to the United National Convention on Contracts for the International Sale of Goods.
10.18 Counterparts . The Master Agreement and each Schedule may be executed in one or more counterparts , each of which shall constitute an enforceable original of the Master Agreement , and that facsimile, electronic and/or .pdf scanned copies of signatures shall be as effective and binding as original signatures.
10.19 Headings and Drafting . The headings in the Master Agreement shall not be used to construe or interpret the Master Agreement. The Master Agreement shall not be construed in favor of or against a party based on the originator of the document.
10.20 Attorney's Fees. In the event a party seeks and obtains a remedy in the courts for its rights under this Master Agreement , the prevailing party in such litigation shall be entitled to its reasonable attorney's fees and cost. ******** ************* ***************************** ******** ** City of National City
1243 National City Blvd .
National City , California 91950-3314
APPROVED AS TO FORM:
END OF MASTER AGREEMENT
Sirsi Corporation
SirsiDynix Technology Centre
3300 N. Ashton Blvd.- Suite 500
Lehi, UT 84043
(Print)
(Title)
By : ____;;_p.~:.L-~--
(Name)
(Print)
(Title)
Date : "-lo\J~ ~~ U>\~
8 SirsiDynix .
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Exhibit A- DEFINITIONS
" Circulation " means the checkout of a Library Item to a patron, the checkout of a Library Item for the purpose of tracking in-library usage, the renewal of a Library Item, or an action functionally identical to any of the preceding acts.
"Confidential Information " means information of SirsiDynix and/or its licensors includes but is not limited to all trade secrets, software, source code, object code, specifications, as well as results o f testing and benchmarking of the Software or other services, product road map, data and other information of SirsiDynix and its licensors relating to or embodied in the Software or Documentation, including but not limited to information designated as confidential in writing or information which ought to be in good faith considered confidential and proprietary to the disclosing party.
SirsiDynix's placement of a copyright notice on any portion of any Software will not be construed to mean that such portion has been published and will not derogate from any claim that such portion contains proprietary and confidential information of SirsiDynix. Confidential Information does not include that the Customer uses SirsiDynix Products.
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products by any means into Software, Subscriptions or Subscription Software without additional SirsiDynix license.
" License Metrics " means limits on Product usage as set forth in the Quote such as Titles, Circulation, Users, students, seats, and reports. " Maintenance" means the technical support and, with respect to Software, the provision of Updates for the level of support services purchased from SirsiDynix, all of which are provided under SirsiDynix's support policies in effect at the time the Services are provided, which may be modified from time-to-time by SirsiDynix in its sole discretion. A c urrent version of such Support Policies can be found under "SirsiDynix Support Policies" (Document ID 125773) at http://support.sirsidynix.com.
" Operating Environment " means SirsiDynix-recommended hardware, operating system, middleware, database products and other software on which the Software will operate.
" Professional Services " means data conversion, implementation, site planning, configuration, integration and deployment of the Software or Subscriptions, training, project management and other consulting services. "Co ntent " means any information, data, text, software, music, sound, "Products " means Software, Subscriptions, Subscription Software, photographs, graphics, video messages or other material which Customer Services and Hardware. receives through a Subscription. " Protected Materials " means Software and work product provided by " Customer Data" means any electronic data, information or material provided or submitted by Customer (including the Customer's patrons and users) to SirsiDynix through a Subscription or Services, or which Customer (including the Customer's patrons and users) enters into the Subscription or Services or has entered on its behalf, or which SirsiDynix is otherwise given access to under the Master Agreement. Customer Data does not include non-personally identifiable information aggregated by SirsiDynix. "Documentation" means the user instructions, release notes, manuals and on-line help files made available by SirsiDynix regarding the use of the applicable Product.
" Effective Date" is defined in section 1.1.
"Error " means a material failure of a Product to conform to its functional specifications described in the Documentation.
''EULA" means the end user license agreement that accompanies the Third Party Product, which governs the use of or access by Customer to the applicable Third Party Product.
"Go Live Date" means the date on which the Products are substantially ready for operational use for normal daily business.
" Hardware " means the physical hardware and equipment manufactured by third party providers and sold to Customers by SirsiDynix. " Intellectual Property " means any and all intellectual property rights, recognized in any country or jurisdiction in the world, now or hereafter existing, and whether or not perfected, filed or recorded, including without limitation inventions, technology, patents rights (including patent applications and disclosures), copyrights, trade secrets, trademarks, service marks, trade dress, methodologies, procedures, processes, know-how, tools, utilities, techniques, various concepts. ideas, methods, models, templates, software, source co de, algorithms, the generalized features of the structure, sequence and organization of software, user interfaces and screen designs, general purpose consulting and software tools, utilities and routines, and logic. coherence and methods of operation of systems, training methodology and materials, which SirsiDynix has created, acquired or otherwise has rights in, and may, in connection with the performance of obligations hereunder, create, employ, provide, modify, create, acquire or otherwise obtain rights in.
" Internal Business Purpo ses" means Customer's internal use but does not include (1) sharing Confidential Information or Intellectual Property with third parties without SirsiDynix written consent or (2) integration of third party
SirsiDynix under Services, Subscriptions. Subscription Software and SirsiDynix's or its licensors' Intellectual Property and Confidential Information.
" Quote" is defined in Section 1.3.
" Servic es" means those services provided or arranged by SirsiDynix including but not limited to specific SirsiDynix Products such as (i) Professional Services; and (ii) that part of Maintenance that is technical support, excluding the provision of Updates.
"SirsiDynix Softwar e" means each SirsiDynix-developed and/or SirsiDynix-owned software product in machine-readable object code (not source code), the Documentation for such product, and any Updates thereto.
"Software " means the SirsiDynix Software and Third Party Software. "Subscriptions " means the provision of access by SirsiDynix or its hosting providers to Software and/or Content from a server farm that is comprised of application, data and remote access servers, including associated offline components including but not limited to cloud services and web access to Content.
" Subscription Softwar e" means Subscriptions hosted by Customer.
Customer does not have a license in Subscription Software. "Term• is defined in section 9.2.
" Titles " means the number of unique records for an electronic, v irtual, and/or physical item which may be used by a library patron, such as a bibliographic, MARC, visual material, serial or Dublin Core record, created on the Software or Subscription. Multiple items, representing either identical items or volumes in a set, may be included in a single Title. "Third Party Products" means software or content including documentation and updates if any, owned by an entity other than SirsiDynix and provided by SirsiDynix in connection with Products. " Updates " means the error corrections, releases, updates, modifications or enhancements subsequently developed that SirsiDynix makes generally available to its customers as part of Maintenance on a when and if available basis. Updates exclude new products, modules, platform or functionality for which SirsiDynix charges a separate fee.
" Users " means Customer's employees or agents who have been issued user names and passwords by Customer to use the Products. Each such User shall be one person, and user names and passwords cannot be shared or used by more than one person.
f) SirsiDynix "
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8 SirsiDynix'
Quote 61665 for:
City of National City
Cloud Migration
Quote Date: October 23, 2014
Prepared by:
Jim Schwieters
Regional Sales Manager-West
SirsiDynix
Quote Valid Until : February 28, 2015
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Quote for City of National City
Quote Information
General
Your Enriched Content will continue unchanged and is not recorded in this quote. In 2014-15 the Enriched Content cost is $1 ,406.23.
Reference number 61665
- SirsiDynix.
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I
Quote for City of National City Reference number 61665
Purchase Details
All prices are in U.S. dollars($) and are exclusive of taxes unless otherwise noted.
Component Year1
·- ·--Horizon SaaS subscription
Services
Remote Patron
Authentication
Discount
Total
24,910
9,050
2,430
( 5,804.26 )
30,585.74
19,930
1,430
20,300 20,690 21,090 21,480
1,460 1,480 1,510 1,540
Initial Term of Maintenance and SaaS Services : One (1) Year, with Six (6) One-Year Renewal Options Initial Term Annual Price Increase Cap for SirsiDynix 1.9% annual price increase cap until Term renewal Products/Services:
Customer's usage is subject to limitations that can be found in the Terms and Conditions section at the end of the Quote. 21,890
1,570
The above price increase cap covers all Customer's active Products. However, SirsiDynix reserves the right to adjust Initial Term pricing for Third Party/integrated products/services if a Third Party vendor increases pricing for Third Party/integrated products/services by more than 1 Oo/o in a given calendar year.
Any applicable discount shall be applied on final payment. Any and all pre-printed terms and conditions on Customer's Purchase Order(s) submitted to SirsiDynix are hereby rejected and shall be superseded by the current Master Agreement, unless such additional terms are statutorily required of the Customer.
This Purchase Details section may not include pre-existing obligations for ongoing Products not listed in the Quote.
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Quote for City of National City
Detailed Pricing
All prices are in U.S. dollars($) and are exclusive of taxes unless otherwise noted.
Component
Horizon SaaS subscription
Horizon SaaS
Cataloging
Circulation
Public Access
Z39.50 server
Authority control
Backup circulation
Reports
Horizon SaaS SIP2 Interface Per Certified Vendor
SaaS User Level - 25 Staff seats
BLUEcloud Analytics, Annual Subscription
Total Horizon SaaS subscription
Services
Installation
Training
Remote Patron Authentication
SaaS Remote Patron Authentication (RPA)
Installation and Training
Total Services
Total Remote Patron Authentication
Discount
Customer Loyalty Discount
Web Reporter/Director's Station Credit
Total Discount
QUOTE TOTAL
Price
20,410
Included
Included
Included
Included
Included
Included
Included
410
Included
4,090
24,910
8,330
720
9,050
1,430
1,000
2,430
( 4,980)
( 824.26)
( 5,804.26)
30,585.74
This quote is hereby fully incorporated into the Master Agreement and Schedules SirsiDynix Copyright 2014 - All Rights Reserved.
Reference number 61665
e) SirsiDynix·
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Quote for City of National City Reference number 61665
Component Descriptions
Horizon SaaS subscription
Horizon SaaS
Horizon SaaS SIP2 Interface Per Certified Vendor
SirsiDynix Certified Solutions Providers offer SIP2-certified products to our customers. We certify that their products are compliant. This interface is priced per vendor.
SaaS User Level - 25 Staff seats
BLUEcloud Analytics . Annual Subscription
Minimum requirements: Symphony 3.3.1 or Horizon 7.3.3. BLUEcloud Analytics provides a web-based , cloud-hosted suite of data-mining and OLAP tools with the following functionality : • Unique view of data warehouse for analysis of your institution, collections, and users • Supports advanced and predictive analysis to establish · trends and patterns • Presentations for effectively communicating to boards and administrators • Drill anywhere capabilities , users can view summary-to-detail-level data • Robust security , flexible information distribution/collaboration , and easy self-service analysis • Ability to print, download , and e-mail data and graphs in a variety of formats (Microsoft Excel® and PowerPoint®)
Services
Installation :
Product Delivery
SIP2 Addit ional Port Configuration
Configuration of additional port for SIP2.
BLUEcloud Analytics Installation
Horizon Platform Migration to Horizon SaaS (MSSQL)
Migration includes creation of database in the Horizon SaaS and migration of data as it exists in current Horizon database . Customer must currently be running Microsoft SQL Server.
Horizon Information Portal Migration to Horizon SaaS
Migration includes installation of Horizon/Dynix Information Portal software and migration of portal database , xsl, images and logos. We migrate HIP configuration as done through the HIP admin tools. Any work outside of the HIP ad min tool is considered custom and not guaranteed to work after the migration to SAAS. We will give a
fi SirsiDynix"
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Quote for City of National City Reference number 61665
Component Descriptions
best effort policy in trying to make these work.
Horizon/Dynix Information Portal Platform Migration (remote) Migration includes installation of Horizon/Dynix Information Portal software and migration of existing Horizon Information Portal database. Each server must be the same operating system platform. (i.e. Windows, Solaris , etc)
Project Management
Core Module Add On (Tier 2)
Tier 2 Project Management Services for the implementation of new/additional modules either during an ILS Migration or as a standalone add on order for a current customer, including: Acquisitions, Homebound, Inventory, Media Scheduling , Reserves, Serials, SIP/NCIP, Classified Accountability, Language Pack, Materials Booking , 9xx Interface, SmartPort , EDI, Reference Librarian, Languages , PocketCirc, Outreach, VIP, SchoolRooms Add'l Licenses , Web Reporter Add'l Licenses .
Project Management- BLUEcloud Analytics
Project Management Services for the implementation of BLUEcloud Analytics .
Horizon Platform Migration
Project Management Service for a Horizon Same OS and Same Database Platform Migration . Project Management Service includes a project management resource who will do the following during the standard, active implementation period of the project: act as the primary SirsiDynix Contact; hold weekly progress calls (as needed} with the customer; coordinate SirsiDynix resources; and transition the customer to client care once the new platform has been implemented.
Non-ILS Platform Migration
Project Management Service for OPAC,WebReporter, SIP, TM3, Director's Station, or other non-ILS Platform Migration , (if included as part of a regular priced Standard platform migration or a regular priced non-ILS platform migration). Project Management Service includes a project management resource who will do the following during the standard , active implementation period of the project: act as the primary SirsiDynix Contact; hold weekly progress calls (as needed} with the customer ; coordinate SirsiDynix resources; and transition the customer to Client Care once the new platform has been implemented.
Training :
BLUEcloud Analytics- Admin Training. Private
Eight seats in a private distance instructor-led course for BLUEcloud Analytics Admin .
8 SirsiDynix"
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Quote for City of National City Reference number 61665
Component Descriptions
BLUEcloud Analvtics- Reports Training. Private
Eight seats in a private distance instructor-led course for BLUEcloud Analytics Reports.
Remote Patron Authentication
SaaS Remote Patron Authentication (RPA)
RPA Platform Migration to SaaS (remote)
Migration includes creation of an RPA service instance in the SaaS environment and migration of data as it exists in current RPA database.
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Quote for City of National City Reference number 61665
Terms and Conditions
Other Terms
Current Contract License Limits:
SirsiDynix SaaS Services are based upon annual circulation and Staff Users. You may use the SaaS Services for up to 340,000 annually circulated items and up to 25 Staff Users; an increase in either circulation or Staff Users requires additional licensing fees .
SIP2 is based upon certified vendors . You are authorized for 1 certified vendors; an increase in the number of certified vendors requires additional fees.
"Go Live Date" means, with respect to the SirsiDynix Software license orders, the date on which the SirsiDynix Software is available for operational use for normal daily business , including searching the public access catalog and circulating materials .
Maintenance must be ordered for all copies of the Software and for all elements of the Software which are used conjunctively by Customer. Customer's System shall remain within two (2) previously released software versions of the most recent version of the software at all times or an additional maintenance surcharge service charge will be added to the maintenance renewal.
Customer shall not integrate products offered by third parties into Software , Subscriptions or Subscription Software without additional license from SirsiDynix.
SirsiDynix shall have the right to aggregate and retain non-personally identifiable data.
Payment Terms
The term of any quoted products is for no less than one (1) year, with six (6) one-year renewal options and shall automatically renew for the length of the Initial Term. Subsequent years' Support , Maintenance and Subscription fees are to be paid annually in advance . Following the first year of System operation , Maintenance and Subscription fees will be subject to annual increases . Any discounts that may be listed on this quote will be applied to the final invoice. Unless otherwisespecifically stated in writing, products and/or services purchased at promotional prices or with promotional discounts do not qualify for such discounts or limitations on price increases for subsequent years .
SirsiDynix Software license fees
100% due upon installation of client SirsiDynix Software on Customer's system Subscriptions fees
100% SirsiDynix Enterprise Subscription and Subscription Software fees are due upon contract signing and will be invoiced immediately. The annual subscription initial use and anniversary date is the Effective Date of the contract
100% of first year's Subscription(s) (excluding SirsiDynix Enterprise Subscription and Subscription Software fees) due at installation
Maintenance fees
100% of first year's Maintenance due at installation of Software Services/Training
50% due upon completion of first data test load, where a test load is part of the services 1 00% of the remainder due upon completion of services/training SaaS Migration
100% of total for Services and first year Subscription fees due on date of initial live use of SaaS Services .
Payment/Invoices while Migrating to the Cloud/SaaS - During the transition from a locally hosted system to a
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Quote for City of National City Reference number 61665
Terms and Conditions
Cloud/SaaS services, annual Maintenance for the locally hosted system must be timely paid for the entire invoiced period to avoid interruption in receiving support and updates. Once your Cloud/SaaS services "Go Live," SirsiDynix will issue a pro rata credit for the unused portion of the previously paid Maintenance to be used against future billings.
Any reference to license metrics and/or licensed amounts included in this quote shall be applicable only to the Products and/or services mentioned in this quote. This document and any software or professional services associated with this document are hereby fully incorporated into the current Agreement executed between SirsiDynix and Customer. If there is no current agreement between the parties, the terms and conditions of the current SirsiDynix Master Software License and Services Agreement shall be deemed the controlling Agreement between the parties , a copy of which shall be furnished upon Customer's request. Any and all pre-printed terms and conditions on Customer's Purchase Order(s) submitted to SirsiDynix are hereby rejected and shall be superseded by the current Agreement, unless such additional terms are statutorily required of the Customer. In the event of a conflict, the terms, payment terms, discounts , product lists and/or statement of work contained within this document shall take precedence over the current Agreement between the parties. In the event Customer desires or requires updated terms and conditions for the continuing business relationship with SirsiDynix, please contact your regional Sales Representative.
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Quote for City of National City Reference number 61665
Terms and Conditions
Customer Signature :
City of National City
r~~-. ~M~a~yo~r~) --==~----------------
Name:
(Printed)
APPROVED AS TO FORM:
Sirsi Corporation
Name: \ (~ \\ \(CWv\ t»v\S.~ 1 Jy:
(Printed)
Job Title: ....oe£\?~c:....::... ____ ____ ______ ________ _ By _£A
(John Martin)
Name: jl)"' ~ \'AQJ{\\0
(Printed)
Job Title: \le ot ~c.f
(I SirsiDynix"
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RESOLUTION NO. 2022 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ,
CALIFORNIA AUTHORIZING THE COUNCIL TO WAIVE THE FORMAL BID PROCESS PURSUANT TO SECTION 2.60.110(B)( 3) OF THE NATIONAL CITY
MUNICIPAL CODE AND AUTHORIZING THE MAYOR TO EXECUTE A ONE-YEAR
AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SIRSIDYNIX IN THE AMOUNT OF $19,473, WITH FOUR ONE-YEAR AUTOMATIC RENEWALS WITH THE
ABILITY TO OPT -OUT, FOR A FIVE -YEAR TOTA L AMOUNT NOT TO EXCEED $99,102.77 TO COVER THE COSTS ASSOCIATED WITH THE CLOUD HOSTED SOLUTION (SAAS) FOR THE NATIONAL CITY PUBLIC LIBRARY’S INTEGRATED
LIBRARY SYSTEM (ILS)
WHEREAS, SirsiDynix Horizon is the Integrated Library System (ILS) used for various functions at the National City Public Library, such as cataloging, acquisitions, reserves, etc.; and
WHEREAS, the current vendor, SirsiDynix, provides a cloud -based ILS which has proved to be cost effective, providing vendor support for hardware and software, improving the functionality of the system, and making system use and processes easier and more efficient for staff and patrons; and
WHEREAS, staff recommends entering into an Agreement with SirsiDynix to continue the cloud-based ILS service for a term of one year in the amount of $19,473, with four one - year automatic renewals with the ability to opt -out, for a five -year total not to exceed $99,102.77; and
WHEREAS, Section 2.60.110 (B) (3) of the Municipal Code authorizes waiving the formal bid process because, in the case of technology and computer systems and software acquisition, delay would unduly impair or jeopardize the city’s ability to efficiently operate its data management systems.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Authorizes waiving the formal bid process pursuant to section
2.60.110(B)(3) of the National City Municipal Code and authorizes the Mayor to execute an Agreement with SirsiDynix for a term of one year in the amount of $19,473 with four one-year automatic renewals with the ability to opt-out, for a five-year total not to exceed $99,102.77.
Section 2: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. 51 of 379
Resolution No. 2022 –
Page Two
PASSED and ADOPTED this 1st day of March, 2022.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Luz Molina, City Clerk
APPROVED AS TO FORM:
Charles E. Bell Jr., City Attorney
52 of 379
The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California, authorizing the City Manager to enter into an agreement between the City of National City (“City”) and National City Living History Farm Preserve (“NCLHFP”) for maintenance and operation of the Stein Farm for a 60-month period from March 1, 2022 to February 28, 2027 and authorizing the establishment of a Cultural Assets fund appropriation of $5,000 and use of the Cultural Assets fund for maintenance and operating costs. (Library and Community Services) Please scroll down to view the backup material.
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_' vi 7’ ’—"7 7TIWUF'NATION’KITCITYfCKEIFO‘RNIK #m
COUNCIL AGENDA STATEMENT
MEETING DATE: March 1, 2022 AGENDA ITEM NO.:
ITEM TITLE:
Resolutionofthe CityCouncilof the Cityof NationalCity,California,authorizingthe CityManager to enterintoan agreement between the Cityof NationalCity(“City")and NationalCityLivingHistoryFarm Preserve ("NCLHFP“) for maintenance and operation of the Stein Farm for a 60-month period from March 1, 2022 to February 28, 2027 and authorizingthe establishment of a CulturalAssets fund appropriation of $5,000 and use of the CulturalAssets fund for maintenance and operating costs.
PREPARED BY: Joyce Ryan DEPARTMENT: Library& mmunity Services PHONE 619-470-5882 APPROVED3v:‘\fflfia_c::1
EXPLANATION: ‘ ‘
Since 1992, National City Living History Farm Preserve (NCLHFP) has maintained and operated the Stein Farm property at 1808 “F" Avenue in National City.NCLHFP had an agreement with the Citywhich ended in2007. Since then,NCLHFP has been a hold-overtenant.They have continuedmaintainingand operating the property in accordance with the prioragreement.
This agreement provides for assistance with maintenance and operation of the property and itsfunction.
An additionto thisagreement isthe $5000 infunds for assistance with maintaining and operating the property. In addition,the City isalso taking over the funding of the water bill.
Please see attached staffreport.
FINANCIALSTATEMENT: APPROVED: WW” FINANCE
ACCOUNT NO. APPROVED: MIS
104-431000—650-0000 (Agency Contributions — CulturalAssets) ENVIRONMENTAL REVIEW:
This isnot a projectunder CEQA and istherefore not subject to environmental review. PRC 21065.
ORDINANCE: INTRODUCTION E] FINALADOPTION E]
STAFF RECOMMENDATION:
Approve the resolution.
BOARD lCOMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. StaffReport
2. Maintenance & Operating Agreement
3. Resolution
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City Council Staff Report
March 1, 2022
ITEM
Resolution of the City Council of the City of National City, California, authorizing t he City Manager to enter into an agreement between the City of National City (“City”) and National City Living History Farm Preserve (“NCLHFP”) for maintenance and operation of the Stein Farm for a 60-month period from March 1, 2022 to February 28, 2027 and authorizing the establishment of a Cultural Assets fund appropriation of $5,000 and use of the Cultural Assets fund for maintenance and operating costs.
BACKGROUND
Since 1992, National City Living History Farm Preserve (NCLHFP) has maintained and operated the Stein Farm property at 1808 “F” Avenue in National City. For thirty years, they have shown dedication to the preservation of the Stein Farm and commitment to educating the City’s residents and students about local history. As part of the Stein Farm educational exhibits, NCLHFP has taken on responsibility for the care of many animals that enhance the farm environment and exhibits. The Stein Farm received approximately 6000 visitors pre-COVID, including students from the ten local elementary schools. Typically, 20-30 local high school students volunteer for service hours at the location annually.
In addition to the main Victorian farmhouse, NCLHFP also maintains the Stein Farm barn (the oldest barn in San Diego County), the restrooms at 1810 “F” Avenue, and a Victorian house moved to the property in 2018 from 1904 “F” Avenue which is currently under restoration at no cost to the city.
The NCLHFP has also re-introduced a fruit orchard that had once been on the property. This orchard features various historic varieties of avocado, fig, persimmon, apple, plum, cherry, apricot, peach and nectarine trees. Annually, the trees produce two tons of fruit that is distributed to city seniors, families and food bank groups.
EXPLANATION
National City Living History Farm Preserve had an agreement with the City which ended in 2007. Since then, NCLHFP has been a hold-over tenant. They have continued maintaining and operating the property in accordance with the prior agreement.
This agreement also provides for assistance with maintenance and operation of the property and its function. An addition to this agreement is the $5000 in funds for assistance with maintaining 55 of 379
Staff Report – Resolution Authorizing Agreement with National City Living History Farm Preserve
March 1, 2022
and operating the property. The City is also taking over the funding of the water bill. (The average Stein Farm water bill is approx. $200 per month, depending on the time of year.)
Currently, City staff are seeking input from the community on the uncommitted American Rescue Plan Act (ARPA) funds in a variety of ways including kiosks, an open house, and an online survey. The improvement of National City’s cultural assets, including Stein Farm, is included in the public participatory budgeting survey accessible via the City’s website through March 21, 2022. If selected, a portion of these ARPA funds could be used to help assist with improvements to the property that may enhance its long-term functionality.
Stein Farm volunteers and City staff will be completing a formal inventory of all property and will update Attachment A when completed. A partial inventory has already been done.
Not included in this agreement is the small parcel that, although traditionally part of the Stein Farm property, is not accessible to the public (please see Exhibit A for property included in this agreement). This parcel includes a small rental property. The dispensation of this small parcel will be brought to City Council at a subsequent meeting.
RECOMMENDATION
Adopt a resolution authorizing the City Manager to enter into a new agreement between the City of National City (“City”) and National City Living History Farm Preserve (“NCLHFP”) for maintenance and operation of the Stein Farm for a 60-month period from March 1 , 2022 to February 28, 2027 and authorizing the establishment of a Cultural Assets fund appropriation of $5,000 and use of the Cultural Assets fund for maintenance and operating costs.
FISCAL IMPACT
Adoption of the resolution will have fiscal impact on the General Fund of up to $5000 per year, and the cost of the Stein Farm water bill.
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MAINTENANCE AND OPERATING AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
NATIONAL CITY LIVING HISTORY FARM PRESERVE
This Maintenance and Operating Agreement (the“Agreement") isentered intoas of March 1, 2022 by and between the CITY OF NATIONAL CiTY, a municipal corporation 1 (the ”CITY"),and NationalCityLivingHistoryFarm Preserve, a Californianon-profit corporation(“NCLHFP”).
RECITALS
A. WHEREAS, the CITY owns the improved real property commonly known as “SteinFarm," locatedat 1808 “F"Avenue, NationalCity,California91950 (the “Property").The improvements on the Property are referredto as the “SteinFarm House" and the “Stein Farm Barn." The property shallalso include the restrooms at 1810 “F"Avenue and the VictorianHouse relocated onto the property from 1904 “F”Avenue. A legaldescriptionof the Property isattached hereto as Exhibit “A” and incorporatedherein by reference;and
B. WHEREAS, Article11, Section 7 of the CaliforniaConstitutionempowers the City to provide forthe health and welfare of itsresidents;and C. WHEREAS, the CITY desires to enter intoa Maintenance & Operating Agreement due to the special services to be performed under thisAgreement for the CITY and to facilitatea more collaborativerelationshipbetween the CITY and the operator of the Property; and
D. WHEREAS, one of the goals of the CITY’s General Plan isto develop educationalexperiences capable of promoting the culturalheritageof the CITY and liftingthe spiritsof residents and visitorsto National City;and E. WHEREAS, the CITY desiresthe servicesof an organizationto maintain and operate the Property in a manner beneficialto the public;and F. WHEREAS, the CITY has determined thatNCLHFP isa qualified,non-profit corporation experienced in running a livinghistoryfarm; and G. WHEREAS, the CITY wishes to have NCLHFP continue to maintain and operate the Property as an educational farm and museum for the community’s benefit, and NCLHFP iswillingto operate and maintain the property forsuch a purpose.
Maintenance & Operating Agreement
Between Cityand NationalCityLivingHistoryFarm Preserve
March 1, 2022
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NOW, THEREFORE, in consideration of the foregoing facts,and in consideration of the promises and covenants hereinafterset forth,the partiesagree as follows:
ARTICLE 1
TERM OF AGREEMENT
1.1 Term. The term of thisAgreement shallbe sixty(60) months, commencing March 1, 2022 (the “Commencement Date") and expiringon February 28, 2027.
1.2 Ogtion to Extend Term. IfNCLHFP isnot in defaultof any provisionof this Agreement upon the expirationof the Term described inArticle1.1,the City Manager or designee may extend the term for up to three (3) additionalsixty(60) month periods.
The initialsixty—month term, and any extension pursuant to thisArticle1.2 shall collectivelybe referredto hereafteras the “Term."
ARTICLE 2
THE PROPERTY
2.1 License forUse of Property. The CITY grants NCLHFP a revocable licenseto enter and operate the Property forthe purpose of operating a publiceducational farm and museum forthe benefitof National City residents and visitors.NCLHFP’s revocable license issubject to the covenants and requirements of thisAgreement as of the Commencement Date.
2.2 Ownership of Personal Property and Improvements. The rightsand obligations of the partiesregarding the ownership of personal property and improvements on the Property shallbe as follows:
22.1 Ownershig of Personal Progerty. Allimprovements existingon the Property (Improvements), together with allfixturespermanently attached to the Property (Fixtures),as of the Commencement Date shallremain the property of the CITY during the Term. NCLHFP shallnot remove any Improvements or Fixturesfrom the Property and shallalso not waste, destroy, or modify any Improvements or Fixtureson the Property,except as permittedby thisAgreement. Items listedin Attachment A of thisAgreement —Personal Property of NCLHFP — shallnot be considered Improvements or Fixtures and shallremain the personal property of NCLHFP. NCLHFP may amend Attachment A inwritingwhich must then be approved by the City Manager. Written approval or denial of amendments to Attachment A willbe presented within30 days of receiptof a writtenrequest for amendment of Attachment A.
2.2.2 Ownership of Improvements and Equipment. Allimprovements made to the property by the NCLHFP shallbecome the property of the CITY.
Maintenance & Operating Agreement
Between City and NationalCity Living HistoryFarm Preserve March 1, 2022
58 of 379
ARTICLE 3
PERMlTTED USE
3.1 Purgose. The partiesintendthatthe operationof the Property by NCLHFP will provide an opportunity forthe community to experience lifeon a turn-of—the-centuryfarm and provide historicaland educational experiences forthe childrenand citizensof NationalCity.
3.2 OQerations Plan. NCLHFP willsubmit a writtenoperations plan to the CITY that addresses allaspects of maintaining and operating the Property.This writtenoperations plan must include,but willnot be limitedto,descriptionsof the following:
1) Hours of operation;
2) Proposed activitiesor facilitiesavailableto the public; 3) The number of employees, volunteers,or long term caretakers on staff; 4) Visitorsafety and property security;
5) Capitalimprovements;
6) Property, building,equipment and preservation of grounds; 7) Sources of funding,fundraisingplan;
8) Community outreach;
9) Parking;
10) Lighting;
11) Handicap accommodations;
12) Facilityrentalsto thirdparties.
3.3 Hours of Ogeration. NCLHFP shallopen the Property to the general publicon Saturdays from 10 am. to 2 pm. and also forpublicspecial events scheduled in advance of the event. NCLHFP shallpost, in a locationvisiblefrom eitherEast 18th Street or ”F”Avenue, the Property’s hours of operation.
3.3.1 Barn ActivitiesProhibited.NCLHFP, and any thirdparty who uses the Property, shallprohibitmembers of the publicfrom entering the barn orfrom coming within25 feet of the barn. The CITY may assistthe NCLHFP inthe securing of grants and/or other funding forthe restorationof the barn.
3.4 Service Fees. NCLHFP shallnot provide programs and servicesforprofit.
However, NCLHFP may charge fees for classes and programs offered to school groups and the community to offsetcosts incurredby NCLHFP initsmaintenance and operation of the Property.Any fees charged under thisArticle3.4 must be approved by the City Manager or designee. The public shallpay no fee to gain access to the Property during those hours of operation listedinthisArticle3.
3.5 Regorting by NCLHFP. NCLHFP shallprovide reportsto the CITY every six months thatidentifythe totalnumber of:(a)NationalCityresidentswho participatedin NCLHPF events; (b)participantsand volunteerswho participatedinNCLHFP events;
Maintenance & Operating Agreement
Between City and NationalCity Living HistoryFaml Preserve March 1,2022
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(0)events and programs coordinated by NCLHFP; (d)capitalprojectscompleted; (e) operating and maintenance plans; and (f)any other relevantstatistics.The information required to appear inthese reports by thisArticle3.5 willbe referredto as ”Statistical Information."Each reportwillinclude allprevious years‘ worth of StatisticalInformation, ifany. NCLHFP willdeliveran annual reportto the CITY at a CityCouncil meeting and at a mutuallyagreeable date and time.
3.6 Annual Budget. NCLHFP shallprovide the CITY with a proposed budget for NCLHFP’s estimated maintenance and operating expenses forthe Property by January 1st of each year during the Term. NCLHFP shallprovide to the CITY an audited financialreportand tax returns,forty-five(45)days followingDecember 31Stof each year during the Term.
3.7 Reimbursable Maintenance and Upkeep. The Cityagrees to reimburse NCLHFP an annual amount not to exceed $5,000 forexpenses relatedto the maintenance and upkeep of the Property. NCLHFP shallmake a writtenrequest for reimbursement to the City Manager or theirdesignee. This writtenrequest must be supported by receiptsfor purchases or maintenance and upkeep services rendered on the Property. Requests for reimbursement willbe approved or denied within7 business days. Once approved, payment willbe issued within45 days of approval.
3.8 Volunteer Management. NCLHFP may utilizevolunteers to operate the Property, and in providingthe Projects required by thisAgreement. NCLHFP isresponsible for recruiting,trainingand managing allvolunteers on the Property.Volunteers are considered the responsibilityof NCLHFP forthe purpose of workers compensation or general iability.NCLHFP isresponsible forensuring that volunteers are apprised of the obligationsand requirements contained withinthisAgreement.
3.9 Acohol Use. NCLHFP, orthird partieswith permission from NCLHFP, may hold events on the Propertywhere alcoholicbeverages are served. Alcoholicbeverages shallbe served subjectto the followingrequirements:
. A cohol willnot be served during youth programming under any circumstances. - A cohol willbe served inlimitedareas of the Property,designated by NCLHFP in advance, and approved by the City Manager or designee.
o A coholic beverages must be sewed by a licensed bartender, with a copy of the bartender’slicenseon the Property.
1e event host must obtain approval from the state Department of Alcoholic everage Control to serve alcohol.
0 w—I
- Tne event host isresponsibleforallguest behavior during and followingthe serviceof alcohol.
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. “Last call"forservice of alcohol shallbe at leastthirty(30) minutes priorto the scheduled end of the event.
When thirdparties(with permission from NCLHFP) serve alcoholicbeverages, the followingadditionalrequirements shallapply:
. The party shallprovide the CITY proof of liabilityinsurance acceptable to the City’sRisk Manager.
- The thirdparty shallprovide two licensed securityguards forevery 100 guests registeredto attend the event.
- NCLHFP shallreserve the authorityto immediately terminatean event if NCLHFP determines, in itssole discretion,the thirdparty has not complied with any requirement of thisArticle3.8.
. NCLHFP shallprovide the CITY 3 copy of theirthirdparty rentalagreement template forapproval.
3.10 Consideration. NCLHFP’s payment of $1.00 to the CITY, in additionto its performance under the remainder of thisAgreement, shallserve as the sole consideration due the CITY for NCLHFP’s licenseto use and operate the Property.
3.11 Compliance with Laws. NCLHFP, at itssole expense, shallprocure,maintain and hold availableforthe CITY’s inspection any governmental licenseor permit required forthe proper and lawfulconduct of NCLHFP’s operation of the Property.
NCLHFP shallnot use the Property for any use or purpose in violationof the laws of the United States of America, or the laws,ordinances, regulations,orders or requirements of the State of California,the County of San Diego, the CITY, or of other lawful authorities.NCLHFP shall,at itssole expense, comply with allapplicablestatutes,laws, ordinances, rules,regulations,orders, covenants and restrictionsof record,and requirements in effectduring the Term (Laws or Orders), regulatingthe use by NCLHFP of the Property.
3.11.1Any programs, activities,or events thatare not provided forinthis Agreement may, inthe CITY’s sole discretion,require a Temporary Use Permit (TUP) or other permit as required by the CITY.
3.11.2 Cannabis CultivationProhibited.Notwithstandingany other provisionin thisAgreement, or inthisArticle3.11, NCLHFP shallneithercultivate,nor allow the cultivationof,cannabis at the Property.
ARTICLE 4
UTILITIES AND INSPECTIONS
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4.1 UtilityServices. The CITY shallbe responsible for maintaining reasonable utility services to the Property.The CITY shallpay forallwater and sewer charges. NCLHFP shall provide and pay forallutilitiesor services necessary foritsuse and operation of the Property during the Term, includingelectricity,trash,and any other utilitycharges.
NCLHFP shallpay directlyto the applicable utilitycompany such charges as they are responsible for.
4.2 Resgonsibilityfor lnsgections. NCLHFP acknowledges and accepts that this maintenance and operations agreement gives rise to required inspections,necessary forthe legaloperation of the Property. NCLHFP agrees to be responsible forallcosts of required and necessary inspections.These include but are not limitedto annual fire inspections and annual backflow device inspections and/or any other inspection as is required by law during the Term of this Agreement. CITY may request proof of inspections completed and said proof must be provided within 15 business days of the request.
ARTICLE 5
REPAIRS; MAINTENANCE
5.1 NCLHFP Repair and Maintenance Obliqations.NCLHFP acknowledges that it has made a thorough inspection of the Property and that itaccepts the Property ”as-is” as of the Commencement Date. At NCLHFP’s own cost and expense, NCLHFP shall repair,replace,and maintain the Property in good, tenable condition as necessary NCLHFP shallnot be obligatedto repairor replace damage to the Property caused by ordinary wear and tear.NCLHFP shallmaintain the Property in an accessible manner for use by individualswith disabilitiesand comply with federal and state law regarding accessibility,includingbut not limitedto the Americans with DisabilitiesAct and California’sDisabled Persons Act. Other than repairwork in emergency situationsnot exceeding Three Thousand and no/100 Dollars ($3,000), NCLHFP shallnot perform any repairwork without the ClTY’s priorwrittenconsent. As used inthisArticle5.1, “emergency" means a sudden, unexpected Occurrence that poses a clear and imminent danger, requiringimmediate action to prevent or mitigatethe loss or impairment of life, health, property,or essentialpublicservices. Allemergency repairsperformed by the City on the Property are governed by Public Contract Code Section 22050. NCLHFP’s obligationsunder thisArticleshallapply regardlessof whether the repairs,restorations, and replacements are ordinary or extraordinary,foreseeable or unforeseeable, capital or noncapital,or the faultor not the faultof NCLHFP, itsagents, employees, volunteers, invitees,visitors,or contractors.Allreplacements made by the NCLHFP shallbe of like size,kind,and qualityto the items replaced.
5.2 CITY Repair and Maintenance Obliqations.For any repairand maintenance work exceeding Three Thousand and no/1OO Dollars ($3,000), the CITY willconsider the nature and priorityof the work and availablefunding to determine ifand when such repairswillbe completed.
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5.3 CITY Riqhtto Inspect;CITY Not Obliqated to Repair or Maintain.NCLHFP shall permit the CITY to enter the Property at alltimes during usual hours of operation to inspectthe Property.Any entry pursuant to thisArticle5.3 shallnot unreasonably interferewith NCLHFP‘s operation of the Property. However, nothing contained inthis Article5 shallcreate any duty on the part of the CITY to do any work which, under any provisionof thisAgreement, NCLHFP may be required to do.
ARTICLE 6
IMPROVEMENTS; ALTERATIONS
6.1 Alterations.NCLHFP may alter,replace,add to,change, or constructadditional improvements to the Property (collectively,“A|terations")as NCLHFP may find necessary or convenient for itsoperation of the Property.Any Alterationsperformed by NCLHFP under thisArticle6.1 shallbe performed: (a) at NCLHFP’s sole cost and expense; (b)withthe CITY’s priorwrittenconsent; and (c)inaccordance with construction plans submitted to and approved by the CITY.
6.2 Construction Permits and Licenses. At alltimes during the Term, NCLHFP shall procure, at itssole cost and expense, allpermits and licenses that are necessary or requiredfrom any localgovernmental agency forthe proposed constructionof any Alterations.The CITY may, in itssole discretion,waive CITY permittingfees where applicable.
6.3 Progosed Plans. In itssole discretion,the CITY may requireNCLHFP to do any of the following:
0 Submit a complete set of proposed plans of any Alterationto the CITY; 0 Apply forand receive a permit from the Building Department to complete any Alterations;
. Within sixty(60) days of a writtenrequest,furnishthe CITY with a complete set of “as-built"plans forany City-approved Alterations.
6.4 PrevailingWages. NCLHFP shallcomply with prevailingwage statutesforany work not performed by volunteers.
ARTICLE 7
MECHANlCS' LIENS; STOP NOTICES
7.1 Mechanics‘ Liens; Stog Notices. NCLHFP shallpay, or cause to be paid,the totalcost and expense of allworks of improvement, as that phrase isdefined inthe Mechanics Lien Law ineffectat the place of construction,done by it,or caused to be done by it,on the Property,and forallmaterialsfurnishedforor inconnection with any such work. Ifany lienor stop notice isfiledagainst the Property, NCLHFP shallcause
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the lienor stop noticeto be discharged of record withinone hundred eighty (180) days afteritisfiled.NCLHFP shallindemnify,defend, and hold the CITY harmless from any and allliability,loss,damage, costs, attorneys‘fees and allother expenses on account of claims of lienof laborers,materialmen, or others forwork performed, or materials or supplies furnished for NCLHFP or persons claiming under NCLHFP. '
7.2 Notice of Lien or Stog Notice. Should any claim of lienor stop noticerelatedto NCLHFP’s work of improvement of the Property be filedagainst the Property,or any action be filedagainst the Property, or any action affectingthe titleto the Property be commenced, the party receiving notice of such lienor stop notice or action shall immediately give the other party writtennoticethereof.
7.3 Notice of Nonresgonsibility.The CITY or itsrepresentativesshallhave the right to post and keep posted on the Property notices of non-responsibilityor such other notices which the CITY may deem to be properfor the protectionof the ClTY’s interest inthe Property. NCLHFP shall,before the commencement of any work which might resultin any such lienor stop notice,give to the CITY writtennotice of itsintentionto do so with sufficienttime to enable posting of such notices.
ARTICLE 8
TAXES
8.1 Definition.“Taxes” shallmean alltaxes,governmental bonds, special assessments, charges, ortransfertaxes, license and transactionfees, including,but not limitedto,(a)any state,local,federalincome tax,or any realor personal propertytax, (b)increases intaxes attributableto NCLHFP’s operationofthe Property,or (c)any taxes which are essentiallypayments to a governmental agency, other than the CITY, forthe rightto make improvements to the Property.
8.2 Possessom Interest.NotwithstandingArticle2.1,NCLHFP acknowledges that thisAgreement may create a possessory interestsubject to property taxation and that NCLHFP may be subject to the payment Oftaxes leviedon such interest.NCLHFP shall pay, before delinquency, alltaxes, assessments and fees assessed or leviedupon the Property.
8.3 Responsibilityfor Payment of Taxes. The CITY shallnot be obligated to pay any Taxes accruing against any interestin NCLHFP’s use of the Property at any time before or during the Term. NCLHFP shallpay any taxes thataccrue against any interestin NCLHFP’s use of the Property.Additionally,NCLHFP shallpay any taxes leviedupon any Improvements, Fixturesor Personal Property locatedon the Propertyto the extent such Taxes resultfrom NCLHFP‘s operationsor other activitiesheld upon, or in connection with,the Property.
ARTICLE 9
INDEMNIFICATION AND INSURANCE
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9.1 NCLHFP Indemnity.The CITY shall.not be liablefor,and NCLHFP shalldefend, indemnify, and hold harmless the CITY, itsofficers.officials,agents, employees, and volunteers from any and allclaims, costs, liability,loss,damages to property,injuriesto, or death of any person or persons, and allclaims, demands, suits,actions,proceedings, reasonable attorneys’fees,and defense costs,of any kind or nature,includingworkers’ compensation claims resultingfrom, relatedto,or arisingout of NCLHFP‘s improvement, operation or use of the Property,or arisingeitherdirectlyor indirectlyfrom any act,error,omission or negligence of NCLHFP or itscontractors,licensees,invitees, members, agents, servants or employees; provided,however, thatthisindemnification and hold harmless shallnot includeany claims or liabilityarisingfrom the established sole negligence or willfulmisconduct of the City,itsagents, officers,or employees. CITY willcooperate reasonably inthe defense of any action,and NCLHFP shallemploy competent counsel, reasonably acceptable to the ClTY’s CityAttorney.
The indemnity, defense, and hold harmless obligationscontained herein shall survive the termination of thisAgreement forany alleged or actual omission, act,or negligence under thisAgreement thatoccurred during the term of thisAgreement.
9.1.1 Third Party Indemnity. NCLHFP shallnot invitethirdparty organizations onto the Property untilsaid thirdparty organization furnishes CITY a writtenagreement inwhich itindemnifiesand holds CITY harmless, upon terms satisfactoryto CITY.
9.1.2 Waivers from Third Parties.NCLHFP agrees to obtain from allguests, invitees,or thirdparty organizations whose participantsvisitthe Property, a waiver of liabilityand hold harmless agreement upon terms satisfactoryto the CITY.
9.2 Insurance. NCLHFP, at itssole cost and expense, shallpurchase and maintain, and shallrequireitssubcontractors,and thirdpartyorganizationsNCLHFP invitesonto the Property,to purchase and maintain throughout the term of thisAgreement, the followinginsurance policies:
9.2.1 Commercial General LiabilityInsurance (CGL): insurance Services OfficeForm CG 00 01 covering CGL on an “occurrence”basis,including products and completed operations, property damage, bodilyinjuryand personal & advertisinginjurywith minimum limitsof $1 ,000,000 per occurrence and $2,000,000 aggregate, covering allbodilyinjuryand propertydamage arisingout of itsoperations under thisAgreement. The policyshallname the CITY and its officers,agents, employees, and volunteers as additionalinsureds, and a separate additionalinsured endorsement shallbe provided. The general aggregate limitmust apply solelyto this“project"or “location.“The Commercial General Liabilityrequiredby thisArticlemust includeSexual Misconduct Liability coverage.
9.2.2 Automobile Insurance covering allbodilyinjuryand property damage incurredduring the performance of thisAgreement, with a minimum coverage of $1,000,000 combined single limitper accident. Such automobile insurance shall
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includeowned, non—owned, and hiredvehicles(“Any Auto").The policyshall name the CITY and itsofficers,agents, employees, and volunteersas additional insureds,and a separate additionalinsured endorsement shallbe provided.
9.2.3 Workers’ Compensation Insurance in an amount sufficientto meet statutoryrequirements covering allof NCLHFP’s employees, and employers’ liabilityinsurance with limitsof at least$1 ,000,000 per accident. In addition,the policyshallbe endorsed with a waiver of subrogation infavorof the CITY. Said endorsement shallbe provided priorto commencement of work under this Agreement.
9.2.4 Property Insurance against allrisksof lossto any improvements or betterments made by NCLHFP, or any thirdpartywith permission from NCLHFP, at fullreplacement cost with no coinsurance penalty provision.
9.2.5 The aforesaid policiesshallconstituteprimary insurance, at leastas broad as ISO CG 20 01 04 13, as to the ClTY, itsofficers,employees, and volunteers, so thatany other policiesheld by the CITY shallnot contributeto any loss under said insurance.Said policiesshallprovideforthirty(30) days priorwrittennotice to the ClTY’s Risk Manager, at the address listedinArticle9.2.7 below, of cancellationor materialchange.
9.2.6 itrequired insurance coverage isprovided on a “claims made" ratherthan “occurrence" form, NCLHFP shallmaintain such insurance coverage forthree years afterexpirationof the term (and any extensions) of thisAgreement. In addition,the "retro"date must be on or before the date of thisAgreement.
9.2.7 The CertificateHolder forallpoliciesof insurance required by thisArticle
9.2 shallbe:
Cityof NationalCity
c/o Risk Manager
1243 National City Boulevard
NationalCity,CA 91950-4397
9.2.8 Insurance shallbe writtenwith only insurers authorized to conduct business in Californiathat hold a current policyholder’salphabetic and financialsize category ratingof not less than A V|||according to the current Best’s Key Rating Guide, or a company equal financialstabilitythat isapproved by the CITY’S Risk Manager. Inthe event coverage isprovided by non-admitted “surplus lines” carriers,they must be includedon the most recent CaliforniaListof Eligible Surplus Lines Insurers (LESLI list)and otherwise meet ratingrequirements.
9.2.9 This Agreement shallnot take effectuntilcertificate(s)or other sufficient proof thatthese insurance provisions have been complied with,are filedwith and approved by the CITY'S Risk Manager. IfNCLHFP does not keep allof such insurance policiesinfullforce and effectat alltimes during the terms of this
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Agreement, the CITY may electto treatthe failureto maintain the requisite insurance as a breach of thisAgreement and terminatethe Agreement as provided herein.
9.2.10Alldeductiblesand self—insuredretentionsinexcess of $10,000 must be disclosedto and approved by the CITY. CITY reserves the rightto modify the insurance requirements of thisArticle9.2,includinglimits,based on the nature of the risk,priorexperience, insurer,coverage, or other special circumstances.
9.2.11 IfNCLHFP maintains broader coverage or higher limits(orboth)than the minimum limitsshown above, the CITY requiresand shallbe entitledto the broader coverage or higher limits(orboth) maintained by NCLHFP. Any available insurance proceeds inexcess of the specifiedminimum limitsof insurance and coverage shallbe availableto the CITY.
ARTICLE 10
TERMINATION
10.1 This Agreement may be terminated with or withoutcause by the CITY.
Termination withoutcause shallbe effectiveonly upon 120—day’s writtennoticeto NCLHFP. During said 120-day period,NCLHFP shallperform allservicesinaccordance with thisAgreement. This Agreement may also be terminated immediately by the CITY forcause inthe event of a material breach of thisAgreement, misrepresentation by NCLHFP inconnection withthe formation of thisAgreement or the performance of services,or the failureto perform servicesas directedby the CITY. Termination withor withoutcause shallbe effectedby deliveryof writtenNotice of Termination to NCLHFP as provided forherein.The CITY furtherreserves the rightto immediately terminatethis Agreement upon: (a)the filingof a petitionin bankruptcy affectingNCLHFP; (b) a reorganizationof NCLHFP forthe benefitof creditors;or (c)a business reorganization, change inbusiness name or change inbusiness statusof NCLHFP.
ARTICLE 11
HAZARDOUS MATERIALS
11.1 Hazardous Materials Laws-Definition. As used inthisArticle,the term "Hazardous Materials‘Laws" means any and allfederal,stateor locallaws or ordinances, rules,decrees, orders,regulationsor courtdecisions(includingthe so- called"common law")relatingto hazardous substances, hazardous materials, hazardous waste, toxicsubstances, environmental conditions on, under or about the Property, soiland ground water conditions or other similarsubstances or conditions.
The followinglegalauthorityisa non-exhaustive listof the legalauthoritythat applies to the definitionof the term “Hazardous Materials Laws":
0 the Comprehensive Environmental Response, Compensation and LiabilityAct of 1980, as amended (42 U.S.C., Section 9601 etseq.)
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o the Hazardous MaterialsTransportation Act, as amended (49 U.S.C., Section 1801 etseq.), and
- the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C., Section 6901 et seq),
11.2 Hazardous Materials - Definition.As used inthisArticlethe term "Hazardous Materials"means any chemical, compound, material,substance or other matter that:
11.2.1 isa flammable, explosive,asbestos, radioactivenuclear medicine, vaccine, bacteria, virus,hazardous waste, toxic,overtly injuriousor potentially injuriousmaterial,whether injuriousor potentiallyinjuriousby itselfor in combination with other materials;
11.2.2 iscontrolled,referredto,designated inor governed by any Hazardous MaterialsLaws;
11.2.3 gives riseto any reporting,notice or’pubiicationrequirements under any Hazardous Materials Laws, or
11.2.4 isany other materialor substance giving riseto any liability,responsibility or duty upon the CITY or the NCLHFP with respect to any thirdperson under any Hazardous MaterialsLaw.
11.3 NCLHFP Representations and Warranties. NCLHFP represents and warrants that,during the Term or any extension thereof,NCLHFP shallcomply with the following provisionsof thisArticleunless otherwise specificallyapproved inwritingby the CITY, subject to the terms and conditions of NCLHFP’s maintenance obligationsprovided elsewhere inthisAgreement:
11.3.1 NCLHFP shallnot cause or permit any Hazardous Materialsto be brought, kept or used in or about the Property by NCLHFP, itsagents, employees, assigns, contractors or invitees,except asrequired by NCLHFP’s permitted use of the Property in the normal course of operations;
11.3.2 Any handling. transportation,storage, treatment or usage by NCLHFP of Hazardous Materials that isto occur on the Property followingthe Commencement Date shallbe in compliance with allapplicable Hazardous Materiais Laws;
11.3.3 Any leaks, spills,release, discharge, emission or disposal of Hazardous Materialswhich may occur on the Property followingthe Commencement Date shallbe promptly and thoroughly cleaned and removed from the Property by NCLHFP at itssole expense, and any such discharge shallbe promptly reported
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inwritingto the CITY, and to any other appropriate governmental regulatory authorities;
11.3.4 No friableasbestos shallbe constructed, placed on, deposited, stored, disposed of,or located by NCLHFP on the Property;
11.3.5 No underground improvements, includingbut not limitedto treatment or storage tanks, or water, gas or oilwells shallbe located by NCLHFP 0n the Property without the CITY'S priorwrittenconsent;
11.3.6 NCLHFP shallpromptly supply the CITY with copies of allnotices,reports, correspondence, and submissions made by NCLHFP to the United States Environmental ProtectionAgency, the United Occupational Safety and Health Administration,and any other local,state or federal authoritywhich requires submission of any information concerning environmental matters or hazardous wastes or substances pursuant to applicable Hazardous Materials‘Laws; and
11.3.7 NCLHFP shallpromptly notifythe CITY of any liensthreatened or attached against the Property pursuant to any Hazardous Materials'Law. Ifsuch a lienisfiledagainst the Property,then, withinthe earlierof (i)twenty (20) days followingsuch filing,or (ii)before any governmental authoritycommences proceedings to sellthe Property pursuant to the lien,NCLHFP shalleither:
(a) pay the claim and remove the lienfrom the Property,or (b)furnish either:
(1) a bond or cash deposit reasonably satisfactoryto the CITY in an amount not less than the claim from which the lienarises, or; (2) other securitysatisfactoryto the ClTY in an amount not less than thatwhich issufficientto discharge the claim from which the lienarises.
11.3.8At the end of thisAgreement, NCLHFP shallsurrender the Propertyto the CITY free of any and allHazardous Materials and in compliance with all Hazardous Materials‘Laws affectingthe Property.
ARTICLE 12
ASSIGNMENT; THlRD PARTY USE OF PROPERTY
12.1 Assiqnment; CITY’S Consent Required. NCLHFP shallnot voluntarilyor involuntarilyassign or otherwise transferallor any portionof itsrightsand duties under thisAgreement without the CITY’S priorwrittenconsent. Any attempted assignment or transferwithout the CITY’S priorwrittenconsent shallbe void.
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12.2 Third Party Use of the Property. NCLHFP may engage thirdparty organizations to provide special services or programming at the Property if:
12.2.1 The City Manager consents, inwriting,to the thirdparty organizations’ proposed use of the Property and;
12.2.2 The thirdparty organization obtains policiesof insurance acceptable to the City’sRisk Manager and Article9.2 of thisAgreement.
ARTICLE 13
DEFAULTS BY NCLHFP OR BY CITY; REMEDIES
13.1 Events of Default'Remedies. The followingsub—articlesshallapply ifeither NCLHFP or the CITY neglects,failsto perform, or failsto observe any of their respective obligationsunder the terms, covenants, or conditions contained inthis Agreement (“Default”):
13.1.1 Thirty-Day Correction of Default.IfeitherNCLHFP or the CITY determines thatthe other partyisinDefault,then the non-defaultingpartymust providethe defaultingparty writtennotice of the Default and thirty(30) days to correctthe default.
13.1.2 Extended Correction of Default.Ifthe defaultingparty determines that more than thirty(30) days isrequired to correctthe Default,the defaultingparty must provide the other party writtennotice of the reasons why additionaltime isrequired to correctsuch Default.The defaultingpartymust use diligenteffortsto correcta Default under thisArticle13.1.2and, inany case, must correctsuch Defaultwithinninety(90) from the date of the writtennoticeof Default.
13.1.3 Remedies for Failureto Correct Default.Ifthe defaultingparty failsto comply withArticle13.1.1or 13.1.2,then the non-defaultingpartymay immediately terminate thisAgreement. The defaultingparty shallbe liableto the non—defaultingparty forany and alldamages sustained by the non-defauiting party as a resultof the defaultingparties’breach.
ARTICLE 14
ABANDONMENT
14.1 Abandonment. NCLHFP shallnot vacate or abandon the Property at any time during the Term nor permit the Property to remain unoccupied fora period of longer than five(5)consecutive days during the term of thisAgreement. These provisionsshall not apply ifthe Property isClosed and operation istemporarily discontinued thereinon account of strikes,lockouts,acts of nature, or similarcauses beyond the reasonable controlof NCLHFP. Any exceptions must be submitted inwritingto the City Manager or designee forapproval.
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ARTICLE 15
DAMAGE OR DESTRUCTION
15.1 NCLHFP’ Duty to Regair Casualty. NCLHFP shall,as expeditiouslyas reasonably possible,repairany damages to the Property caused by fireearthquake, or any other identifiableevent of a sudden, unexpected, or unusual nature (“Casualty”), and repair,restore and replace any such damaged or destroyed Fixtures,Improvements or Personal Property (”CasualtyRepairs”).Any Casualty Repairs made under this Article15 are:
(a)To be performed at NCLHFP’s sole cost and expense;
(b)To be performed except as othen/viseprovided inthisArticle15; and are (C)Subject to allother terms and conditionsof thisAgreement.
15.2 Construction Provisions. In the event of any reconstructionof the Property, Fixturesor Improvements required of NCLHFP pursuant to thisArticle,NCLHFP shall repairthe Property,and repairor rebuildsuch Fixturesand Improvements, to substantiallythe same conditionthey were inimmediately preceding such Casualty.
15.3 No Abatement. In the event of reconstruction,replacement or repairby NCLHFP pursuant to thisArticle,NCLHFP shallcontinue itsoperations on the Property during any such periodto the extent reasonably practicablefrom the standpointof prudent business management, and in continuing compliance with applicable laws and regulations.NCLHFP shallnot be entitledto any compensation or damages from CITY for:(a) loss of use of the whole or any part of the Property;(b) NCLHFP’s Personal Property; or (c)any inconvenience or annoyance occasioned by such damage, reconstructionor replacement.
15.4 Ma'or Destruction.Notwithstandingany of the foregoing provisionsofthisArticle to the contrary,if,at any time afterthe Commencement Date, (a)the Improvements are damaged or destroyed to the extent of more than twenty-fivepercent (25%) of their replacement cost,or (b)the damage issuch thatthe Improvements cannot be repaired and restoredwithinone hundred and eighty(180) days afterthe Casualty,then NCLHFP shallhave the rightto terminatethisAgreement upon thirty(30) days' prior writtennoticeto the ClTY.
ARTICLE 16
EMlNENT DOMAIN
16.1 Condemnation. NCLHFP may terminate thisAgreement withintwenty (20) days afterthe date thata condemning authority(by a partyother than the CITY) takes possession of the Property by deliveryof writtennotice of such condemnation if:
(a) Ifallof the Property istaken under eminent domain proceedings; or
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(b)less than allof the Property istaken under such eminent domain proceeding and the parttaken substantiallyimpairs the abilityof NCLHFP to use the remainder ofthe Property forthe purposes permitted by thisAgreement.
In the absence of such writtennoticefrom a condemning authority,NCLHFP may terminatethisAgreement withintwenty (20) days afterthe condemning authorityshall have taken possession.
16.2 Continuationof Operatinq Aqreement AfterCondemnation. IfthisAgreement is not terminated by NCLHFP, itshallremain infullforce and effectas to any portionof the Property remaining, and thisAgreement willend as of the date possession of the part taken by the publicentityas to the part of the Property that istaken.
16.3 Award. Allmonies awarded in any condemnation shallbelong to the CITY. The CITY shallhave no liabilityto NCLHFP for any award not provided by the condemning authority.
ARTICLE 17
SALE OR MORTGAGE BY CITY
17.1 Sale or Mortgage. The CITY may, pursuant to existingand subsequently enacted the CITY ordinances and State laws, at any time, and without the consent of NCLHFP, vacate, sell,purchase, exchange, transfer,assign, lease, encumber or convey the CITY’S interestinwhole or inpart,inthe Property (collectivelyreferredto in thisArticleas a "Sale").The CITY shallprovide to NCLHFP writtennotice of the ClTY’s intentto a Sale or discontinuance pursuant to thisArticleat leastninety (90) days prior to said proposed transfer.
17.2 Release on Sale. From and aftera Sale or discontinuance of the CITY‘S entire interestinthe Property, the CITY shallbe released from allliabilityto NCLHFP and NCLHFP successors and assigns arisingfrom thisAgreement because of any act, occurrence or omission of the CITY occurringaftersuch Sale.
ARTICLE 18
CITY‘S RIGHT OF ACCESS
18.1 Right of EntLy. CITY, itsagents, employees, and contractors may enter the Property at any time with or without notice to NCLHFP to:
(a) respond to healthand safetyconcerns;
(b) inspect the Property and Improvements;
(c) determine whether NCLHFP iscomplying with itsobligationsinthis Agreement (includingitsobligationswith respect to compliance with Hazardous Materials Laws);
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(d) post notices of non-responsibilityor similarnotices; (e) inspect the progress of constructionof any improvement; or (f) make repairsthatthisAgreement requiresor allows CITY to make, or make repairsto any adjoiningspace or utilityservices,or make repairs, alterations,or improvements to any other portionof the Property.
Allwork enumerated inthisArticle18.1 must be done as promptly as reasonably possible and so as to cause as littleinterferenceto NCLHFP as reasonably possible.
ARTICLE 19
NOTICES
19.1 Notices. Whenever inthisAgreement itshallbe required or permitted that notice or demand be given or sewed by eitherparty to thisAgreement to or on the other,such noticeor demand shallbe inwriting,mailed or personallydeliveredto the other partyat the addresses specifiedbelow. Mailed noticesshallbe sent by United States Postal Service, postage prepaid and shallbe deemed to have been given, delivered and received three (3) business days afterthe date such noticeor other communication is posted by the United States Postal Service. Allother such notices or other communications shallbe deemed given, delivered and received upon actual receipt.
Either party may, by writtennotice delivered pursuant to thisprovision,at any time designate a differentaddress to which notices shallbe sent.
CITY: CITY OF NATIONAL CITY
City Manager
City of National City
1243 NationalCityBoulevard
NationalCity,CA 91950-4301
With a copy to:
Cityof NationalCity
Library& Community Services Director
1401 National City Boulevard
NationalCity,CA 91950-3399
NCLHFP: National City Living History Farm Preserve, Inc.
Executive Director
1808 F Avenue
NationalCity,CA 91950
ARTICLE 20
NONDISCRIMINATION
20.1 Nondiscrimination.NCLHFP hereby covenants by and foritself,itssuccessors, assigns and allpersons claiming under or through it,thatthisAgreement ismade and
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accepted upon and subject to the conditionthatthere shallbe no discriminationagainst, or segregation of,any person or group of persons on account of race,age. color,creed, religion,sex, sexual orientation,maritalstatus,nationalorigin,physical handicap, medical conditionor ancestry inthe use, operation,or enjoyment of the Property.
ARTICLE 21
RECORDS, ACCOUNTS AND AUDlTS
21.1 NCLHFP’ Duty to Keeg Records. NCLHFP shall,at alltimes during the Term, and fora period of five(5)years followingexpirationor earliertermination of this Agreement, keep or cause to be kept,true and complete books, records and accounts of all(a)constructionundertaken pursuant to the rightsconferredon NCLHFP under thisAgreement, and (b)financialtransactionsinthe operationof allbusiness activities, of whatever nature, conducted pursuant to the rightsgranted by thisAgreement. Such records shallalso include the source and dispositionof alltrash and other waste collectedand disposed of by NCLHFP inthe operation of itsbusiness. Said records must be supported by source documents such as receipts,invoices,sales slips,cash registertapes, purchase invoices or other pertinentdocuments.
21.2 CITY’S Right to Audit. AllNCLHFP books, accounts and records shallbe kept and made availableat one locationwithinthe limitsof the County of San Diego. The CITY shallhave the rightat any reasonable time to examine and perform audits of NCLHFP’s records pertainingto (a)constructionundertaken pursuant to the rights conferred on NCLHFP under thisAgreement, and (b) itsoperations on the Property, including,without limitation,any records pertainingto NCLHFP's use of utilitieson the Property.The cost of said auditsshallbe borne by the CITY; however, NCLHFP shall provide to the CITY at NCLHFP’s expense, necessary data to enable the CITY to fully comply with each and every requirement of the State of Californiaor by the United States of America for information or reports relatingto thisAgreement and to NCLHFP’s use of the Property.
ARTICLE 22
ADMINISTRATIVE PROVISIONS
22.1 Authority. NCLHFP represents and warrants that ithas fullpower and authority to execute and fullyperform itsobligationsunder thisAgreement pursuant to its governing instruments,without the need forany furtheraction,and that the person executing thisAgreement on behalfof NCLHFP isthe duly designated agent of NCLHFP and isauthorizedto do so.
22.2 Cagtions. The captions and headings appearing inthisOperating Agreement are inserted forconvenience only and in no way define,limit,construe, or describe the scope or intentof the provisionsof thisAgreement.
22.3 CITY Aggroval. Except where stated inthe Agreement to the contrary,the phrases "CITY approval," and "CITY’S writtenapproval" or such similarphrases shall
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mean approval of the City Manager or designee, which approval shallnot be unreasonably withheld.
22.4 Cumulative Remedies. In the event of a defaultunderthis Agreement, each party'sremedies shallbe limitedto those remedies set forthinthisAgreement. Any such remedies are cumulative and not exclusive of any other remedies under this Agreement to which the non-defaulting party may be entitled.
22.5 EntireAgreement. This Agreement, together with alladdenda and exhibits attached hereto. constitutesthe entireagreement between the partieswith respect to the subjectmatter hereof,and allprioror contemporaneous agreements, understandings and representations,oralor written,are superseded.
22.6 Exhibits.Allexhibitsreferredto herein are attached hereto and incorporated by reference:
ExhibitA: Legal descriptionof the Property
22.7 Force Ma'eure. Ifeitherpartyisprevented or delayed from performing any act or dischargingany obligationhereunder, because of any and allcauses beyond either party'sreasonable control,includingunusual delays indeliveries,abnormally adverse weather conditions,unavoidable casualties,strikes,labor disputes, inabilityto obtain labor,materialsor equipment, acts of God, governmental restrictions,regulationsor controls,any hostilegovernment actions.acts of terrorism,civilcommotion and fireor other casualty,legalactionsattackingthe validityof thisAgreement or the CITY or NCLHFP’s operations of the Property, or any other casualtiesbeyond the reasonable controlof eitherparty("Force Majeure"),performance of such act shallbe excused for the periodof such delay,and the periodforperformance of such act shallbe extended for a period equivalent to the period of such delay. Force Majeure shallnot include any bankruptcy, insolvency, or other financialinabilityon the part of eitherparty hereto.
22.8 Governing Law. This Agreement shallbe governed, construed and enforced in accordance with the laws of the State of California.
229 Indegendent Contractor. NCLHFP acknowledges that itisan independent contractor;thatitalone retainscontrolofthe manner of conductingitsactivitiesin furtherance of thisAgreement; and that it,as well as any persons, contractors or agents itmay employ, are not employees of CITY forany purpose.
22.10 Intergretation.The provisionsof thisAgreement shallbe liberallyconstrued to effectuateitspurpose. The language of allpartsof thisAgreement shallbe construed simply according to itsplainmeaning and shallnot be construed for or against either party.
22.11 NCLHFP’s Aqreement Administration.NCLHFP confirms that NCLHFP’s Agreement Administratorhas been given fulloperationalresponsibilityforcompliance
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with the terms of thisAgreement. NCLHFP shallprovidethe CITY with a written schedule of itsnormal hours of business operation on the Property,and NCLHFP's Agreement Administrator or a representativedesignated thereby shallbe availableto the CITY during NCLHFP’s normal business hours, to resolve problems or answer questions pertainingto thisAgreement and NCLHFP’s operations on the Property.
22.12 Modification.The provisionsof thisAgreement may not be modified,except by a writtenamendment signed by both parties.
22.13 PartialInvalidity.Ifany provisionof thisAgreement isdetermined by a court of competentjurisdiction to be invalidor unenforceable, the remainder of thisAgreement shallnot be affectedthereby. Each provisionshallbe validand enforceable to the fullestextentpermittedby law.
22.14 Successors & Assigns. This Agreement shallbe bindingon and inureto the benefitof the partiesand theirsuccessors and assigns, except as may otherwise be provided herein.NCLHFP shallnot assign thisagreement to any other party unless approved inwritingby the CITY.
22.15 Time of Essence. Time isof the essence of each and every provisionof this Agreement._
22.16 Waiver. No provisionof thisOperating Agreement or the breach thereofshallbe deemed waived, except by writtenconsent of the party against whom the waiver is claimed.
IN WITNESS WHEREOF, the CITY and NCLHFP have duly executed this Agreement as of the day and year firstabove written.
CITY OF NATIONAL CITY NATIONAL CITY LIVING HISTORY
(CITY) FARM PRESERVE, a California non-
profitcorporation (NCLH FP)
By: , \_K‘ 5 V
+ By:\_ PU. waw« )2mD/Ku}AlejandraSotelo-Soils,Mayor (Nallne) \ \ ch AHDLanaieg(Print) \
APPROVEDAs TO FORM: ??€91d8fl‘1’(Title)
Maintenance & Operating Agreement
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March 1,2022
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GabrielaM. Torres Byz%/fl M //
DeputyCityAttorney (Name)
///NJ / flflz/(Print) /
1/1?P?residerfl'(Title)
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STEIN FAMILY FARM
EXHIBITA
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RESOLUTION NO. 2022 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY (“CITY”) AND NATIONAL CITY LIVING HISTORY FARM PRESERVE (“NCLHFP”) FOR MAINTENANCE AND OPERATION OF THE STEIN FARM FOR A SIXTY-MONTH PERIOD FROM MARCH 1, 2022 TO FEBRUARY 28, 202 7 AND AUTHORIZING THE ESTABLISHMENT OF A CULTURAL ASSET S FUND APPROPRIATION OF $5,000 AND USE OF THE
CULTURAL ASSETS FUND FOR MAINTENANCE AND OPERATING COSTS
WHEREAS, the City of National City (“CITY”) owns the improved real property commonly known as “Stein Farm,” located at 1808 “F” Avenue, National City, California 91950 (the “Property”). The improvements on the Property are referred to as the “Stein Farm House” and the “Stein Farm Barn.” The property shall also include the Victorian House relocated onto the property from 1904 “F” Avenue; and WHEREAS, the CITY desires to enter into a Maintenance & Operating Agreement due to the special services to be performed under this Agreement for the CITY and to facilitate a more collaborative relationship between the CITY and the operator of the Property; and
WHEREAS, the CITY desires the services of an organization to maintain and operate the Property in a manner beneficial to the public; and
WHEREAS, the CITY has determined that National City Living History Farm Preserve (“NCLHFP”) is a qualified, non-profit corporation experienced in running a living history farm; and
WHEREAS, the CITY wishes to have NCLHFP maintain and operate the Property as an educational farm and museum for the community’s benefit, and NCLHFP is willing to operate and maintain the property for such a purpose.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Authorizes the City Manager to enter into an Agreement between the City of National City and National City Living History Farn Preserve for the Maintenance and Operation of the Stein Family Farm for a 60-month period from March 1, 2022 to February 28 , 202 7 and authorizes the establishment of a Cultural Asset s fund appropriation of $5,000 and use of the Cultural Asset s fund for maintenance and operating costs.
///
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Resolution No. 2022 –
Page Two
Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 1st day of March, 2022.
Alejandra Sotelo-Solis, Mayor
ATTEST:
Luz Molina, City Clerk
APPROVED AS TO FORM:
Charles E. Bell Jr., City Attorney
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The following page(s) contain the backup material for Agenda Item: Temporary Use Permit – The 13th Annual Granfondo San Diego Fun Bike Ride sponsored by Life Sports Foundation on April 3, 2022 from 7:30 a.m. to 5 p.m. with no waiver of fees. (Community Development)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: March 1, 2022 AGENDA ITEM NO.
ITEM TITLE:
Temporary Use Permit - The 13th Annual Granfondo San Diego Fun Bike Ride sponsored by Life Sports Foundation on April 3, 2022 from 7:30 a.m . to 5 p.m. with no waiver of fees.
PREPARED BY: Dionisia Trejo
PHONE: (619) 336-4255
EXPLANATION:
DEPARTMENT: Communi ~ent
APPROVED BY:
This is a request from Life Sports Foundation to conduct the 13th Annual Granfondo San Diego Fun Bike Ride through San Diego County on April 3, 2022 from 7:30 a.m. to 5 p .m. The event starts in Little Italy, downtown San Diego and finishes at Ruocco Park . 1,200 participants are expected for this event. Three routes will be offered a 34 mile short course , 56 mile intermediate and 105 mile long course.
OUTBOUND - The course begins in Downtown San Diego under the Little Italy sign and proceeds around to Pacific Hwy and then south to Harbor Drive on which it stays until it exits San Diego. It enters National City at west 8th Street , turning right onto Roosevelt Avenue and it turns left onto west Plaza Boulevard. The ride continues east on Plaza Boulevard until reaching Paradise Valley Road leaving National City jurisdiction.
Riders will follow the rules of the road.
Note: This event has been approved by City Council for prior years with no waiver of fees.
FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT NO. APPROVED: MIS
City fee of $272.00 for processing the TUP through various City departments, plus $636.80 for Police Department.
Total fees : $908 .80
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION: D FINAL ADOPTION: D
STAFF RECOMMENDATION:
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802 .
BOARD I COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
Application for a Temporary Use Permit with recommended conditions of approval. 82 of 379
Type of Event
D Fair/Festival
DTUP
DParade/March
I ~I Sporting Even~
Event Name & Location
Event Title San Diego Granfondo bike ride
City of National City • Neighborhood Services Department 1243 National City Boulevard• National City, CA 91950
(619) 336-4364 •fax (619) 336-4217
www.nationalcityca.gov
Special Event Application
Owalk or Run Oconcert/Performance
D Other (specify) -----------
use of city streets Event Location (list all sites being requested) --------------------- Event Times
Set-Up Starts 5:00AM Day of Week Sunday Date 4/3/2022 Time Event Starts 7:30 AM Day of Week Sunday Date 4/3/2022 Time Event Ends 5:00 PM Day of Week Sunday Date 4/3/2022 Time Breakdown Ends 5:00 PM Day of Week Sunday Date 4/3/2022 Time Applicant Information
Applicant (Your name)_T_o_b_ia_s_P_a_n_e_k _____ _ Sponsoring Organization Life Sports Foundation Event Coordinator (if different from applicant)--------------------- M .1. Add PO box 1210, Poway CA 92074 a11ng ress ______________________________ _ Day Phone 858-255-9709 After Hours Phone. ______ ce11 858-255-97o9 Fax ____ _ Public Information Phone._8_5_8_-2_5_5_-9_7_0_9 ___ E-mail _t_o_bi_a_s@_g_ft_o_u_rs_.c_o_m-====- - Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, expense (including attorney's fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees , subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy , enjoyment and use of any City premises under this agreement to the extent permitted by law.
Applicant understands this TUP/special event may implicate fees for City services, which will have to be paid in the City's Finance Department 48 hours prior to the event set-up. The undersigned also understands and accepts the City's refund policy for application processing and facility use and that fees and charges are adjusted annually and are subject to change.
Signature of Applicant: _________________ Date 1 /11 /2022 1 83 of 379
Special Event Application (continued)
Please complete the following sections with as much detail as possible since fees and requirements are based on the information you provide us.
Fees/Proceeds/Reporting
Is your organization a "Tax Exempt, nonprofit" organization? Yes I./ I NoD Are admission, entry, vendor or participant fees required? Yes I./ I No D If YES , please explain the purpose and provide amount (s):
Fundraiser for Life Sports Foundation
$_Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 9oK Estimated Expenses for this event.
$ 1 OK What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event?
Description of Event
D First time event I./ I Returning Event D include site map with application Note that this description may be published in our City Public Special Events Calendar:
14th annual San Diego Granfondo bike ride through National City, Chula Vista and San Diego '*'''··m®Mu§.t.m;taa
1000 Anticipated #of Participants : _______ _ Anticipated # of Spectators: _0 _______ _ 2 84 of 379
Traffic Control , Security , First Aid and Accessibility Requesting to close street(s) to vehicular traffic? YesO No I./ I List any streets requiring closure as a result of the event (provide map): ---------- Date and time of street closure: ______ _ Date and time of street reopening: _____ _ Oother~xpla i n ) _______________ _ ____________ ~
Requesting to post "no parking" notices? Yes D Nol./I
D Requested "No Parking" on city streets and/or parking lots (list streets/parking lots) (provide map):
Oother(explai n) ____________________________ ~
Security and Crowd Control
Depending on the number of participants, your event may require Police services.
Please describe your procedures for both Crowd Control and Internal Security: --------- Have you hired Professional Security to handle security arrangements for this event? YesO Nol./I If YES, name and address of Security Organization----------- Security Director (Name): ___________ Phone: ---------- If using the services of a professional security firm and the event will occur on City property, please provide a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the Neighborhood Services Department at the time of submission . .
Is this a night event? YesO Nol./I If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: -------------- 3 85 of 379
!Mf!ffli
Depending on the number of participants, your event may require specific First Aid services. First aid station to be staffed by event staff? Yesl ./ INoO First aid/CPR certified? Yes I./ I No D 171 AMR L{JFirst aid station to be staffed by professional company . ..,. Company ___________ _ If using the services of a professional medical organization/company and the event will occur on City property, please provide a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers , employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the Neighborhood Services Department at the time of submission .
ccessibility
Please describe your Accessibility Plan for access at your event by individuals with disabilities:
Individuals with disabilities have their own bikes
Elements of your Event
Setting up a stage? Yes D Nol./ I
D Requesting City's PA system
D Requesting City Stage; if yes, which size? D Dimensions (13x28) D Dimensions (20x28) D Applicant providing own stage ..,. _______ (Dimensions) Setting up canopies or tents?
____ #of canopies size ___ _
____ #of tents size ___ _
I./ !No canopies/tents being set up
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Setting up tables and chairs?
D Furnished by Applicant or Contractor
____ # of tables I,/ I No tables being set up
____ #of chairs I,/ I No chairs being set up
O(For City Use Only) Sponsored Events - Does not apply to co-sponsored events ____ #of tables No tables being set up
_____ #of chairs No chairs being set up
Contractor Name------------------------------
Contractor Contact Information------------------------- ---------------- - ddr.ess, _________ _.., itytStat~ e.-----Rl:lor.ie-t.Jumbe, 1---------- Setting up other equipment?
D Sporting Equipment (explain) ______________________ _ D Other (explain) __________________________ _
I,/ I Not setting up any equipment listed above at event Having amplified sound and/or music? YesO Nol,/I
D PA System for announcements OcD player or DJ music
D Live Music ..,.. D Small 4-5 piece live band ..,.. D Large 6+ piece live band D Other (explain)----------------------------
If using live music or a DJ . ..,.. Contractor Name-------------------- .... __________________________________ ~
Address City/State Phone Number
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Using lighting equipment at your event? YesO Nolv'I
D Bringing in own lighting equipment
D Using professional lighting company ..,. Company Name--------------- Address City/State
Using electrica l power? YesO Nolv'I
Dusing on-site electricity D For sound and/or lighting
D Bringing in generator(s) D For sound and/or lighting
Vendor Information
Phone Number
D Using Kimball Park Bowl
Lighting (from __ to_)
D For food and/or refrigeration
D For food and/or refrigeration
PLEASE NOTE: You ma be re uired to a I for a tern ora health permit if food or beverages '---------~
are sold of given away during your special event. Also see 'Permits and Compliance' on page 8 in the Special Event Guide. For additional information on obtaining a temporary health permit, please contact the County of San Diego Environmental Health at (619) 338-2363.
Having food and non-alcoholic beverages at your event? Yes D Nolv' I D Vendors preparing food on-site ..,. # ____ ..,. Business License# ______ _ If yes, please describe how food will be served and/or prepared: ------------- If! yol intend to cook food in the event area pleas~ecify the method:
GAS QLECTRIC DCHARCOAL LJOTHER (Specify): ---------
0 Vendors bringing pre-packaged food ..,. # ..,. Business License# _____ _ D Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) ..,.. # _ _ _ _ ovendors selling food# ... Business License #(s) -------- 0 Vendors selling merchandise# ..,. Business License #(s) ______ _ D Food/beverages to be handled by organization; no outside vendors []vendors selling services# ..,. Business License# (s) _______ _ ..,. Explain services---------------
Ovendors passing out information only (no business license needed) # ___ _ ..,. Explain type(s) of information---------------
! y" I No selling or informational vendors at event
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Having children activities? YesO Noll'!
PLEASE NOTE: In the event inflatable jumps are provided at the event, The City of National City requires commercial liability insurance with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager, along with the Certificate of Insurance, for approval prior to the event. The application should be filed out at least one week prior to the event. For questions or to obtain a copy of the "Facility Use Application" , please contact the Engineering/Public Works Department at (619) 336-4580.
D Inflatable bouncer house# _____ ORock climbing wall Height ________ _ D Inflatable bouncer slide# ______ D Arts & crafts (i.e., craft making, face painting, etc.) D Carnival Rides __________ [Yther ---------------
-----~av~ng_fir:e.worlcS-or-aeciald. isplay2-Y..e~.o.LiJ, _______________________ _ D Vendor name and license# _______________________ _
Dimensions. ____________ Duration _____________ _
Number of shells ___________ Max. size _____________ _
PLEASE NOTE: In the event fireworks or another aerial display is planned for your event, The City of National City requires commercial liability insurance with limits of at least $2 Million dollars per occurrence/ $4 Million dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager, along with the Certificate of Insurance , for approval prior to the event. Depending on the size and/or nature of the fireworks display, the City reserves the right to request higher liability limits. The vendor must also obtain a fireworks permit from the National City Fire Department and the cost is $545.00
Arranging for media coverage? YesO Noll' I
OYes , but media will not require special set-up
OYes , media will require special set-up. Describe------------------ 7 89 of 379
Event Signage
PLEASE NOTE: For City sponsored or co-sponsored events, banners publicizing the event may be placed on the existing poles on the 1800 block and 3100 block of National City Boulevard. The banners must be made to the City's specifications. Please refer to the City's Special Event Guidebook and Fee Schedule for additional information.
Are you planning to have signage at your event? Yes D No I/' I Oves , we will post signage # Dimensions------------
D Yes, having inflatable signage # ____ • (complete Inflatable Signage Request form) OYes , we will have banners# ____ _
D What will signs/banners say? ------------------------ EJ-HowwiH-signs/baflfler-s-be-aAefleFeEl-er-meHA·teEl-r-. -====================================------ 0 Location of banners/signage ------------------------- Waste Management
PLEASE NOTE: One toilet for every 250 people is required, unless the applicant can show that there are sufficient facilities in the immediate area available to the public during the event.
Are you planning to provide portable restrooms at the event? YesO Nol/"I If yes, please identify the following:
• Total number of portable toilets: _____ _
• Total number of ADA accessible portable toilets: ____ _ D Contracting with portable toilet vendor. • -------------------- Company Phone
• Load-in Day & Time__________ • Load-out Day & Time _______ _ D Portable toilets to be serviced. • Time _______ _
Set-up, Breakdown, Clean-up
Setting up the day before the event?
OYes , will set up the day before the event.
11' I No, set-up will occur on the event day
Requesting vehicle access onto the turf?
• #of set-up day(s) _____ _
DY es, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form)
11' I No, vehicles will load/unload from nearby street or parking lot. 8 90 of 379
NPDES-Litter Fence
Deity to install litter fence
DApplicant to install litter fence
[{]N IA
Breaking down set-up the day after the event?
Oves , breakdown will be the day after the event. .,... #of breakdown day(s) _______ _ I./ I No, breakdown will occur on the event day.
How are you handling clean-up?
D Using City crews
D Using volunteer clean-up crew during and after event. _____ ,D Using professional cleaning company during and after event.
Miscellaneous
Please list anything important about your event not already asked on this application:
We request 1 officer at 8th st and Harbor dr to help cyclists making the left hand turn onto 8th st from 7:00 AM - 9:00 AM
Please make a copy of this application for your records .
We do not provide copies.
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-
CA LIFORNIA
Special Events NATIONAi. CITY
~ ll~'.;l"l ---~CORPO Kt t.~
Pre-Event Storm Water Compliance
Checklist
I. Special Event Information
Name of Special Event: San Diego Granfondo
Event Address: PO Box 1210 , Poway CA 92074
Event Host Coordinator: KOZ Events
Expected # of Attendees: _1_0_0_0 _ _____ _
Phone Number : 858-255-9709
II. Storm Water Best Management Practices (BMPs} Review ,·c5 NO- - rq-/A
Will enough trash cans provided for the event?
./
Provide number of trash bins: --
Will enough recycling bins provided for the event?
./
Provide number of recycle bins: __
Will all portable toilets have secondary containment trays? (exceptions D D ~
for ADA compliant portable toilets)
D D ~
Do all storm drains have screens to temporarily protect trash and debris from entering?
Are spill cleanup kits readily available at designated spots? D D LlJ
* A Post-Event Storm Water Compliance Checklist will be completed by City Staff. 10 92 of 379
City of National City
PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION
AGREEMENT
Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:Vll and that the insurance company is a California admitted company; if not, then the insurance policy to the issuance of the permit for the event. The Certificate Holder must reflect:
Cit of National Ci
Risk Management Department
1243 National City Boulevard
National City, CA 91950
0 . t· Life Sports Foundation
rganiza ion:---------------------
p . Ch f A t" .ty Tobias Panek erson in arge o c 1v1 : ---------------- Add
PO Box 1210, Poway CA 92074 ress: _____________________ ~ Telephone :_a_ss_-_2s_s_-9_7_o_9 ______ o ...... a ..... te ..... ( __ s ) ...... o ...... f_U.._s ...... e"""": _41_31_2_02_2 ____ _
HOLD HARMLESS AGREEMENT
As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorney's fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit-by the permittee or its agents, e.mployees or contractors.
Signature of Applicant: _____ _ ------------
President, KOZ Events D t 1/11/2022 Official Title: ________________ ~a-""e_: ___ _ For Office Use Only
Certificate of Insurance Approved _____ Date ---------- 11 93 of 379
Route Map
94 of 379
Saturday
6:00AM
lO:OOAM
4:00PM
5:00 PM
4:00AM
5:00 AM
7:00AM
Ride Start
7:30AM
8:00AM
8:30AM
8:45 AM
5:30 PM
GRANFONDO SAN DIEGO
Permit Timeline
Expo set-up in Ruocco Park, close parking lots
Set-up bike racks, finish line truss, place out
Registration Opens I Expo Opens
EXPO closes
Security Arrives
Finish line set-up
Place Tapper at G st. Push SIB traffic into median lane Registration Opens
Opening remarks, event rules, cautions
Gran Fondo 105 mi
Medio Fondo 60mi
Piccollo Fondo 34mi
Donut ride 20mi
Course Closes
13 95 of 379
Campagnolo GranFondo San Diego
Gran Fon do Cue Sheet
0 m1 Start at Ruocco Park
5.6 mi Turn left onto W 8th St
6.0 mi Turn right onto Roosevelt Ave
6.2 mi Turn left onto W Plaza Blvd
8.6 mi Straight onto Paradise Valley Rd
12.7 mi Continue onto Jamacha Blvd
17 .2 mi Turn right onto 94
17.7 mi Continue straight onto Jamacha (rest stop on Right) ----1 &-6-m-i---'.f1::tffl-ftght-ent-e-WH-l0w-Gl-en-I)F------------------------ 23 .6 mi Turn right onto Dehesa Rd
26.8 mi Continue straight onto Harbison Canyon Rd
31.4 mi Turn left onto Arnold Way
32.2 mi Turn right onto Alpine Blvd
34.4 mi Turn right onto Tavern Rd (rest stop on Right)
37.1 mi Continue onto Japatul Rd (start KOM/QOM)
44.2 mi Turn right onto Lyons Valley Rd (End KOM/QOM)
51.9 mi Turn right onto Skyline Truck Trail
59.0 mi Continue onto Lyons Valley Rd
60.3 mi Turn left onto Jefferson Rd
60.1 mi Turn left onto Campo Rd (rest stop on Right)
65.6 mi Turn right onto Otay Lakes Rd
75.3 mi Tum left onto Hunte Pkwy
78.2 mi Tum right onto Eastlake Pkwy
79.2 mi Tum left onto Olympic Pkwy
80.2 mi Tum right onto E Palomar St (Rest stop on Right)
80.5 mi Return to Olympic Pkwy and right onto Olympic Pkwy
84.6 mi Continue straight on_E Orange Ave
87 .1 mi Tum left onto Palomar St
88.0 mi Tum right onto Bay Blvd
90.5 mi At E st Make left onto Gunpowder Point Dr and onto Bayshore Bikeway
91.8 mi Tum left onto W 32nd St
92.0 mi Tum right onto Tidelands Ave
93 .3 mi Tum left onto E Harbor Dr
98.1 mi Finish left into Ruocco Park
14 96 of 379
City of National City
BUSINESS TAX CERTIFICATE
"For Services Provided in National City, California Only" Business Name
Business Location
Business Owner(s)
TOBAIS PANEK
KOZ EVENTS
PO BOX 1210
KOZ EVENTS
9939 HIBERT ST
SAN DIEGO, CA 92131-1029
TOBAIS (PRES) PANEK
CARRIE (VICE PRES) PANEK
POWAY, CA 92074 - 1380
THIS BUSINESS TAX CERTIFICATE DOES NOT PERMIT A BUSINESS THAT IS OTHERWISE PROHIBITED .
KOZ EVENTS
2022
TO BE POSTED IN A CONSPICUOUS PLACE
AND
NOT TRANSFERABLE OR ASSIGNABLE
Business Type Special Event
Account Number 09018345
Effective Date January 01 , 2022
Expiration Date December 31, 2022
City Manager
NOTE: IT IS YOUR OBLIGATION TO RENEW THIS
CERTIFICATE WHETHER OR NOT YOU RECEIVE A
RENEWAL NOTICE
For all inquiries regarding this certificate, contact Hdl Business Tax Support Center at (619) 382-2596 .
Thank you for your payment on your National City Business Tax Certificate. ALL CERTIFICATES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST. If you have questions concerning your business license , contact the Business Support Center via email at: NationalCity@Hdlgov .com or by telephone at: (619) 382-2596 Keep this portion for your license separate in case you need a replacement for any lost, stolen, or destroyed license . A fee may be charged for a replacement or duplica te certificate.
This certificate does not entitle the holder to conduct business before complying with all requirements of the National City Municipal code and other applicable laws, nor to conduct business in a zone where conducting such business violates law.
If you have a fixed place of business within the National City, please display the Business Tax Certificate below in a conspicuous place at he premises . Otherwise , every Business Tax Certificate holder not having a fixed place of business in the City shall keep the Business Tax Certificate upon his or her person , or affixed in plain view any cart, vehicle , van or other movable structure or device at all times if required by the Collector.
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender -based discrimination of business establishments . A full notice is available in English or other languages by going to: https://www .dca .ca.gov/publications/ BUSINESS TAX SUPPO [!]•!-:[!)
CENTER ~~~
8839 N CEDAR AVE #212 [!j~
TOBAIS PANEK
KOZ EVENTS
PO BOX 1210
POWAY, CA 92074-1380
15 City of National City
BUSINESS TAX CERTIFICATE
Account Number : 09018345
Date of Issue: 01/01/2022
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CITY OF NATIONAL CITY
NEIGHBORHOOD SERVICES DEPARTMENT
APPLICATION FOR A TEMPORARY USE PERMIT
CONDITIONS OF APPROVAL
SPONSORING ORGANIZATION: Life Sports Foundation
EVENT: San Diego Granfondo Bike Ride
DATE OF EVENT: April 3, 2022
APPROVALS :
COMMUNITY SERVICES YES [ x] NO [ SEE CONDITIONS [ ]
RISK MANAGER YES [ x] NO [ SEE CONDITIONS [ x]
PUBLIC WORKS YES [ x] NO [ SEE CONDITIONS [ ]
FINANCE YES [ x] NO [ SEE CONDITIONS [ ]
~~~~~=F1=R=E,---~~~~~~~~~'rn-".,...--;~x-r-~-.-,-,..~~~~SEECONDflTOl\J~~x ~~~~~~- POLICE YES [ x] NO [ SEE CONDITIONS [ x]
ENGINEERING YES [ x] NO [ SEE CONDITIONS [ ]
COMMUNITY DEVELOPMENT YES [ x] NO [ SEE CONDITIONS [ x] CONDITIONS OF APPROVAL:
PUBLIC WORKS (619)366-4580
No involvement
POLICE DEPARTMENT
Based on the information provided in the TUP, the recommendation would be that two officers be assigned to the procession for a period of one to four hours in order to provide a safe traffic break as the cyclists make their way through the proposed intersection. As the riders make their way through National City, they will need to comply with all appropriate traffic laws. The current officer rate is attached below: That would be for a total of (4) hours of overtime times 2 officers at a pay rate of $79.60 per hour/per officer for a total of $636.80 combined . **Four hours of overtime is the minimum per the NCPOA MOU. **
ENGINEERING
No comments received
16 98 of 379
COMMUNITY SERVICES
No involvement
FINANCE
No comments received
COMMUNITY DEVELOPMENT
Planning
No comments
Building
No comments received
Neighborhood Services
Neighborhood Notifications - Events are required to notify residents and/or businesses of the surrounding impacted areas by the event. The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, "No Parking" signs being posted, music at the event, etc.
Display of banners -- Banners are allowed on site for event but must be removed immediately thereafter event completion. If you wish to place banners in any location other than on-site, you must get approval from the property/business owner where you intend to display the banner.
FIRE (619) 336-4550
No fees for this event
Stipulations required by the Fire Department for this event are as follows:
1) Maintain Fire Department access at all times. Emergency services access shall be given to all emergency apparatus upon approach 2) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes 3) First Aid will be provided by organization
17 99 of 379
RISK MANAGER (619) 336-4370
Risk Management has reviewed the above-captioned request to issue a Temporary Use Permit. To satisfy the City's insurance requirements , it will be necessary for the Applicant and the Event Medical Provider (American Medical Response) to provide the following:
• A valid copy of the Certificate of Liability Insurance from the applicant and American Medical Response.
• As to the applicant and American Medical Response, the insurance policy must have a combined single limit of no less than $1,000,000.00 (ONE MILLION DOLLARS) and $2,000,000 .00 (TWO MILLION DOLLARS) in aggregate that would cover the date and location of the event.
---------' • -l:le-app.1.ica.r+t-a.i:id--AmerJca.n-Me.d.icalResp.onse-m.us.l.prmtl.d.e_a.se.par_aJ:.-..-_______ _ additional insured endorsement. It notes the additional insured as "The City of National City, its officials, agents, employees, and volunteers." • That the insurance company issuing the insurance policy must have an AM.
Best's Guide Rating of A: VII and that the insurance company is a California admitted company; if not, then the insurance policy must be submitted to the Risk Management Department for review and approval before the issuance of the Temporary Use Permit.
• The Certificate Holder must reflect:
City of National City
clo Risk Manager
1243 National City Boulevard
National City, CA. 91950-4301
It should be noted that the Indemnification and Hold Harmless Agreement were properly executed by the applicant when the Special Event Application was submitted. 18 100 of 379
The following page(s) contain the backup material for Agenda Item: Temporary Use Permit – Padres Pedal the Cause Bicycle Ride sponsored by Padres Pedal the Cause on April 9, 2022 from 10 a.m. to 2:15 p.m. with no waiver of fees. (Community Development) Please scroll down to view the backup material.
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GITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: March 1, 2022 AGENDA ITEM NO.:
ITEM TITLE:
Temporary Use Permit- Padres Pedal the Cause Bicycle Ride sponsored by Padres Pedal the Cause on April 9, 2022 from 10 a.m. to 2:15 p.m. with no waiver of fees .
PREPARED BY: Dionisia Trejo DEPARTMENT: Como::KfiJW Development PHONE: 619-336-4255 APPROVED BY: ( ~
~--------~~~~~~
EXPLANATION: I /
This is a request from the non-profit organization Pedal the Cause to conduct th ~dres Pedal the Cause" through San Diego County on April 9, 2022. This will be the 81h Annual Pedal the Cause fundraising cycling event dedicated to raising money for cancer research in San Diego County.
OUTBOUND - The course begins at Petco Park at 6:00 a.m. heading south towards downtown San Diego and the harbor district. This bicycle ride will enter the City of National City at approximately 1 O a.m. on Sweetwater Road onto Bayshore Bikeway going west. All riders will exit bike path and turn left onto W 32nd Street. Riders will then turn left onto Goesno Place continue straight onto Tidelands Avenue, turning right onto Civic Center Drive leaving National City jurisdiction . Event course is mapped and listed.
NOTE: This event has been approved by City Council for prior years with no waiver of fees .
FINANCIAL STATEMENT:
ACCOUNT NO.
APPROVED: ~~~~~~~~~
APPROVED: ~~~~~~~~~
City fee of $272.00 for processing the TUP through various City departments .
Total fees: $272.00
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION D FINAL ADOPTION D
STAFF RECOMMENDATION:
FINANCE
MIS
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802.
BOARD I COMMISSION RECOMMENDATION:
ATTACHMENTS:
Application for a Temporary Use Permit with recommended conditions of approval. 102 of 379
T pe of Event
0 Fair/Festival
OTuP
OParade/March
I./ j Sporting Event
Event Name & Location
Event Title Padres Pedal The Cause
City of National City • Neighborhood Services Department 1243.National City Boulevard• National City, CA 91950
(619) 336-4364 •fax (619) 336-4217
www.nationalcityca .gov
Special Event Application
Owalk or Run Oconcert/Performance
D Other (specify) __________ _
Event Location (list all sites being requested) Various roads in National City (please see attached maps) 1414,1111 .. t¥i
Set-Up Starts
Date 04/09/2022 Time 10am Day of Week Saturday
Event Starts 10am Day of Week Saturday Date 04/09/2022 Time Event Ends
Time2 :15pm Day of Week Saturday Date 04/09/2022
Breakdown Ends Time2 :15pm Day of Week Saturday Date 04/09/2022 Applicant Information A YJY\R r>Jal' lt2rr-e ~
. t%11:6Zdthan J ,,.~ . . . Padres Peda l The Applicant (Your name) Spons oring Organ1zat1on Cause . ( 'f d"" t f 1. t) Robert Panzera Event Coordinator 1 111eren rom app 1can --------------------- M .1. Add 36 Elysian Ave Nynack, NY 10960 a1 rng ress ______________________________ _ Day Phone 917-543-257 0 After Hours Phone ______ Cell _____ Fax ____ _ . 619-510-4950 E .
1 [email protected]
Public Information Phone. ________ -ma1 ------------
Applicant agrees to investigate, defend, indemnify and hold hannless the City, its officers, employees and agents from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, expense (including attorney's fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent pennitted by law.
Applicant understands this TUP/special event may implicate fees for City services, which will have to be paid in the City's Finance Department 48 hou'/Jprior to the event set-up. The undersigned also understands and accepts the City's refund policy for applicatioryPipcessing and facility use and that fees and charges are adjusted annually and are subject to change.
Date /-l tJ-.JJ----...------=---------Signature of Applicant:_ I LI
103 of 379
Special Event Application (continued)
Please complete the following sections with as much detail as possible since fees and requirements are based on the information you provide us.
Fees/Proceeds/Reporting
Is your organization a "Tax Exempt, nonprofit" organization? Yes I./ I NoD Are admission, entry, vendor or participant fees required? Yes I./ I No D If YES, please explain the purpose and provide amount (s):
Registration fee of $40-$125 per participant. Participants can then raise further amounts in addition to the registration fee .
$_Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 1 ·5M Estimated Expenses for this event.
$3.0M What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event?
Description of Event
D First time event I./ I Returning Event 0 include site map with application Note that this description may be published in our City Public Special Events Calendar :
Padres Pedal the Cause is an annual fundraising cycling event that raises money for collaborative cancer research at four San Diego institutions . Participants start and finish the event at Petco Park in downtown San Diego and follow a variety of routes (from 25 to 100 miles) through Coronado, San Diego, Chula Vista, SD County, and National City. The event has raised over $1 OM to date for cancer research.
Estimated Attendance
· · d # f P rt· . t 1 SOO A t. . t d # f S t t O Ant1c1pate o a 1c1pan s: -------- n 1c1pa e o pee a ors: -------- 2 104 of 379
Traffic Control, Security, First Aid and Accessibilit
Requesting to close street(s) to vehicular traffic? YesO Nol./ l List any streets requiring closure as a result of the event (provide map): ---------- Date and time of street closure: _______ Date and time of street reopening: ____ _ Oother (explain) __________________________ _
Requesting to post "no parking" notices? Yes D Nol./I
D Requested "No Parking" on city streets and/or parking lots (list streets/parking lots) (provide map):
Oother (explain) ___________________________ _
Securit and Crowd Control
Depending on the number of participants, your event may require Police services.
Please describe your procedures for both Crowd Control and Internal Security: --------- Have you hired Professional Security to handle security arrangements for this event? YesO No[{] If YES, name and address of Security Organization ---------- Security Director (Name): ___________ Phone: ---------
If using the services of a professional security firm and the event will occur on City property, please provide a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the Neighborhood Services Department at the time of submission ..
Is this a night event? YesO Nol./ I If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators:------------- 3 l
105 of 379
!MtMU
Depending on the number of participants , your event may require specific First Aid services. ~ aid station to be staffed by event staff? Yesj/INoO First aid/CPR certified? Yesj/jNo LJ 171 AMR t..tJ First aid station to be staffed by professional company. ~ Company __________ _ If using the services of a professional medical organization/company and the event will occur on City property, please provide a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the Neighborhood Services Department at the time of submission .
Accessibilit
Please describe your Accessibility Plan for access at your event by individuals with disabilities:
Event will be open to cyclists with disabilities .
Elements of your Event
Setting up a stage? YesO Nol/'I
D Requesting City's PA system
D Requesting City Stage; if yes, which size? n Dimensions {13x28) D Dimensions (20x28) D Applicant providing own stage ~ (Dimensions)
Setting up canopies or tents?
____ #of canopies size ___ _
____ #of tents size ___ _
l/INo canopies/tents being set up
4 106 of 379
Setting up tables and chairs?
D Furnished by Applicant or Contractor
____ #of tables I~ I No tables being set up
____ #of chairs I~ I No chairs being set up
O(For City Use Only) Sponsored Events - Does not apply to co-sponsored events ____ #of tables
____ #of chairs
Contractor Name
D No tables being set up
D No chairs being set up
----------------------------
Contractor Contact Information
A-dd_re_s_s---------C-it-~-St-at_e ____ P_h_on_e_N_u_m-be_r __ Setting up other equipment?
D Sporting Equipment (explain)----------------------
0 Other (explain) __________________________ _
D Not setting up any equipment listed above at event
Having amplified sound and/or music? YesO Noj~I
D PA System for announcements Oco player or DJ music
D Live Music ..,. D Small 4-5 piece live band ..,. D Large 6+ piece live band D Other (explain) __________________________ _
If using live music or a DJ . ..,. Contractor Name---------------,------ .... ______ ---:--:-7'"""--~--------:-:".'-=--,--------,..,--------Address City/State Phone Number 5 107 of 379
Using lighting equipment at your event? Yes D Nol I I
D Bringing in own lighting equipment
D Using professional lighting company .,.. Company Name--------------- Address City/State
Using electrical power? YesO Noll!
Dusing on-site electricity D For sound and/or lighting
D Bringing in generator(s) D For sound and/or lighting
"mmam1.1; .. s1ct.1.s_ I •
Phone Number
D Using Kimball Park Bowl
Lighting (from __ to__J
D For food and/or refrigeration
D For food and/or refrigeration
PLEASE NOTE: You may be required to apply for a temporary health permit if food or beverages are sold of given away during your special event. Also see 'Permits and Compliance' on page 8 in the Special Event Guide. For additional information on obtaining a temporary health permit, please contact the County of San Diego Environmental Health at (619) 338-2363.
Having food and non-alcoholic beverages at your event? Yes 11 I NoD D Vendors preparing food on-site .,.. # ____ .,.. Business License# ______ _ I
If yes, please describe how food will be served and/or prepared: ------------- II yol intend to cook food in the event area please~ecify the method:
GAS QLECTR IC DCHARCOAL LJOTHER (Specify):---------
0 Vendors bringing pre-packaged food .,.. # .,.. Business License# _____ _ D Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) .,.. # ___ _ ovendors selling food# .... Business License #(s) _______ _ D Vendors selling merchandise# .,.. Business License #(s) -------
1./ I Food/beverages to be handled by organization; no outside vendors Qendors selling services# .,.. Business License #(s) -------- .,.. Explain services---------------
Ovendors passing out information only (no business license needed)# ___ _ .,.. Explain type(s) of information--------------
0 No selling or informational vendors at event
6 ·--- - - - - -
108 of 379
Having children activities? YesO Nol/I
PLEASE NOTE: In the event inflatable jumps are provided at the event, The City of National City requires commercial liability insurance with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate . In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager , along with the Certificate of Insurance, for approval prior to the event. The application should be filed out at least one week prior to the event. For questions or to obtain a copy of the "Facility Use Application ", please contact the Engineering/Public Works Department at (619) 336-4580.
D Inflatable bouncer house# _____ ORock climbing wall Height _______ _ 0 Inflatable bouncer slide# _____ D Arts & crafts (i.e., craft making, face painting, etc.) D Carnival Rides __________ Qther --------------
Having fireworks or aerial display? YesO Nol/I
D Vendor name and license# ______________________ _
Dimensions ____________ Duration _____________ _
Number of shells __________ Max. size ____________ _
PLEASE NOTE: In the event fireworks or another aerial display is planned for your event, The City of National City requires commercial liability insurance with limits of at least $2 Million dollars per occurrence/ $4 Million dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager , along with the Certificate of Insurance, for approval prior to the event. Depending on the size and/or nature of the fireworks display, the City reserves the right to request higher liability limits. The vendor must also obtain a fireworks permit from the National City Fire Department and the cost is $545.00
Arranging for media coverage? YesO Nol/I
Oves, but media will not require special set-up
DYes , media will require special set-up. Describe------------------ 7 109 of 379
EventSi na e
PLEASE NOTE: For City sponsored or co-sponsored events, banners publicizing the event may be placed on the existing poles on the 1800 block and 3100 block of National City Boulevard. The banners must be made to the City's specifications. Please refer to the City's Special Event Guidebook and Fee Schedule for additional information.
Are you planning to have signage at your event? Yes I./ l No D 171 .11 t . # 10-20 D' . 2ft x 3ft route signage {arrows) lY.JYes , we wt pos s1gnage 1mens1ons ------------ Oves, having inflatable signage # ____ ...,{complete Inflatable Signage Request form) Oves , we will have banners# ____ _
D What will signs/banners say? ------------------------ 0 How will signs/banners be anchored or mounted?------------------ 0 Location of banners/signage ---'----------------------- Waste Management
PLEASE NOTE: One toilet for every 250 people is required, unless the applicant can show that there are sufficient facilities in the immediate area available to the public during the event.
Are you planning to provide portable restrooms at the event? YesO Nol./ I If yes, please identify the following:
"' Total number of portable toilets: ____ _
"' Total number of ADA accessible portable toilets: ____ _ D Contracting with portable toilet vendor. "' -------::-------=------ Company Phone
"' Load-in Day & Time--------- "' Load-out Day & Time-------- D Portable toilets to be serviced. "' Time--------
Set-up , Breakdown, Clean-up
Setting up the day before the event?
oves , will set up the day before the event.
l ./I No, set-up will occur on the event day
Requesting vehicle access onto the turf?
"' #of set-up day{s) _____ _
Oves , requesting access onto turf for set-up and breakdown {complete attached Vehicle Access Request form)
I./ I No, vehicles will load/unload from nearby street or parking lot. 8 110 of 379
NP DES-Litter Fence · .,......,~ -
Deity to install litter fence
DApplicant to install litter fence
[i]NIA
Breaking down s~t-up the day after the event?
D Yes, breakdown will be the day after the event. ..,. #of breakdown day(s) -------- 111 No, breakdown will occur on the event day.
How are you handling clean-up?
D Using City crews
111 Using volunteer clean-up crew during and after event.
D Using professional cleaning company during and after event.
Miscellaneous
Please list anything important about your event not already asked on this application:
Please make a copy of this application for your records.
We do not provide copies.
9 111 of 379
'- \ I 1 .
- ~~. L: PORN J~~- Special Events
NATl.ONA~~J_TF
- ~~[:]~~ ~co~Gl'k)o' _.J
Pre-Event Storm Water Compliance
Checklist
I. Special Event Information
Name of Special Event: Padres Pedal The Cause
Event Address: Various roads in National City
Event Host coordinator: Padres Pedal The Cause
Expected# of Attendees: _1_50_0 ______ _
Phone Number: 619-510-4950
II. Storm Water Best Management Practices (BMPs) Review
YES NO N/A
Will enough trash cans provided for the event?
D 0
Provide number of trash bins: _O_
Will enough recycling bins provided for the event?
D ./
Provide number of recycle bins: _O_
Will all portable toilets have secondary containment trays? (exceptions D D ~
for ADA compliant portable toilets)
Do all storm drains have screens to temporarily protect trash and debris D D ~
from entering?
Are spill cleanup kits readily available at designated spots? D D [lJ
* A Post-Event Storm Water Compliance Checklist will be completed by City Staff. 10 112 of 379
City of National City
PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION
AGREEMENT
Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a AM. Best's Guide Rating of A:Vll and that the insurance company is a California admitted company; if not, then the insurance policy to the issuance of the permit for the event. The Certificate Holder must reflect:
City of National City
Risk Management Department
1243 National City Boulevard
National City, CA 91950
0 . t' Padres Pedal The Cause
rgamza ion:--------------------
p . Ch f A t· 't Kel&?J'Jii;:aa-erson in arge o c 1v1 y:
Add 9191 Towne Center Rd, Suite 310 San Diego, CA 92104 ress: ____________________ _ Telephone:_e_19_-s_1_0_-4_9_so ____ .....;D;;...;a,,..te=(""s.._) O;:;.:f.....;U::;..:s:.;::e;.:...: s_a_tu_rd_a_y._A_p_ril_9_, 2_0_22_
HOLD HARMLESS AGREEMENT
As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorney's fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employeeJf or contractors.
Signature of Appli~~nt:" __
7 -+'--'v"----
7 --+"'7"'-"--------
0fficial Title: v u Date: / - )_() -2;).....
For Office Use Only
Certificate of Insurance Approved _____ Date ---------- 11 113 of 379
SptingV1I'
us
H u Tt
12 114 of 379
DD • .> 1.,1. • .,.J,;)
88.9 11:55
90.0 U :OO 1100 13.30
93 l 12·12 10 19 13.45
93.1 12: 2 10 19 13.45
13:46
13.51 14:01
1404
10 27 14:05
10:27 1406
10:27 14.12
lO:H 1'1.13
10:34 14'. 33
102.6 10:52 14:33
13 115 of 379
City of National City
BUSINESS TAX CERTIFICATE
"For Services Provided in National City, California Only" Business Name
Business Location
Business Owner(s)
PADRES PEDAL THE CAUSE
9191 TOWNE CENTRE DR STE 310
SAN DIEGO , CA 92122-1229
ANNE MARBARGER
PADRES PEDAL THE CAUSE
9191 TOWNE CENTRE DR STE 310
SAN DIEGO, CA 921 22-1229
THIS BUSINESS TAX CERTIFICATE DOES NOT PERMIT A BUSINESS THAT IS OTHERWISE PROHIBITED _
PADRES PEDAL THE CAUSE
2022
TO BE POSTED IN A CONSPICUOUS PLACE
AND
NOT TRANSFERABLE OR ASSIGNABLE
Business Type Exempt I Non-Profit
Account Number 09049898
Effective Date
Expiration Date
April 08, 2022
December 31 , 2022
City Manager
NOTE: IT IS YOUR OBLIGATION TO RENEW THIS
CERTIFICATE WHETHER OR NOT YOU RECEIVE A
RENEWAL NOTICE
For all inquiries regarding this certificate , contact Hdl Business Tax Support Center at (619) 382-2596 .
Thank you for your payment on your National City Business Tax Certificate . ALL CERTIFICATES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST. If you have questions concern ing your business license , contact the Business Support Center via email at: NalionalCity@HdLgov .com or by telephone at: (619) 382-2596 Keep this portion for your license separate in case you need a replacement for any lost, stolen, or destroyed license . A fee may be charged for a replacement or duplicate certificate .
This certificate does not entitle the holder to conduct business before complying with all requirements of the National City Municipal code and other applicable laws, nor to conduct business in a zone where conducting such business violates law.
If you have a fixed place of business within the National City, please display the Business Tax Certificate below in a conspicuous place at he premises. Otherwise , every Business Tax Certificate holder not having a fixed place of business in the City shall keep the Business Tax Certificate upon his or her person , or affixed in plain view any cart, vehicle , van or other movable structure or device at all times if required by the Collector.
Starting January 1, 2021 , Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments. A full notice is available in English or other languages by going to: https://www .dca.ca.gov/publications / BUSINESS TAX SUPPO [!]~[!]
CENTER :it-::~ l!]~i~ 8839 N CEDAR AVE #212 - .
PADRESPEDALTHECAUSE
9191 TOWNE CENTRE DR STE 310
SAN DIEGO, CA 92122-1229
14 City of National City
BUSINESS TAX CERTIFICATE
Account Number: 09049898
Date of Issue : 04/08/2022
116 of 379
CITY OF NATIONAL CITY
NEIGHBORHOOD SERVICES DEPARTMENT
APPLICATION FOR A TEMPORARY USE PERMIT
CONDITIONS OF APPROVAL
SPONSORING ORGANIZATION: Padres Pedal the Cause
EVENT: Padres Pedal the Cause
DATE OF EVENT: April 9, 2022
APPROVALS :
COMMUNITY SERVICES
RISK MANAGER
PUBLIC WORKS
FINANCE
FIRE
POLICE
ENGINEERING
COMMUNITY DEVELOPMENT
CONDITIONS OF APPROVAL:
PUBLIC WORKS (619)366-4580
No involvement
POLICE DEPARTMENT
YES [ x]
YES [ x]
YES [ x]
YES [ x]
YES [ x]
YES [ x]
YES [ x]
YES [ x]
NO [
NO [
NO [
NO [
NO [
NO [
NO [
NO [
SEE CONDITIONS [ ]
SEE CONDITIONS [ x ]
SEE CONDITIONS [ x]
SEE CONDITIONS [ x]
SEE CONDITIONS [ x]
SEE CONDITIONS [ x]
SEE CONDITIONS [ ]
SEE CONDITIONS [ x]
NCPD has no concerns with this event. Please remind the participants to follow the rules of the road so that they have an enjoyable and safe event.
ENGINEERING
No comment received
COMMUNITY SERVICES
No involvement
FINANCE
No comments
15 117 of 379
COMMUNITY DEVELOPMENT
Planning
No comments
Building
No comments received
Neighborhood Services
Neighborhood Notifications - Events are required to notify residents and/or businesses of the surrounding impacted areas by the event. The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected , such as by street closures, "No Parking" signs being posted, music at the event, etc.
Display of banners -- Banners are allowed on site for event but must be removed immediately thereafter event completion. If you wish to place banners in any location other than on-site , you must get approval from the property/business owner where you intend to display the banner .
FIRE (619) 336-4550
No fees for this event
Stipulations required by the Fire Department for this event are as follows:
1) Maintain Fire Department access at all times . Emergency services access shall be given to all emergency apparatus upon approach 2) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes 3) First Aid will be provided by organization
16 118 of 379
RISK MANAGER (619) 336-4370
Risk Management has reviewed the above-captioned request to issue a Temporary Use Permit. The following documents must be provided in support of the Temporary Use Permit application :
• A valid copy of the Certificate of Liability Insurance by the applicant. • The insurance policy must have a combined single limit of no less than $1 ,000,000.00 (ONE MILLION DOLLARS) for each occurrence and $2,000 .000.00 (TWO MILLION DOLLARS) that will cover the date and location of the event.
• The applicant must provide a separate additional insured endorsement wherein it notes the additional insured as "The City of National City, its officials , agents, employees , and volunteers."
• The insurance company issuing the insurance policy has an AM . Best's Guide Rating of A: VII, and the insurance company is a California admitted company . • The medical provide r American Medical Response Ambulance Services , Incorporated must provide a Certificate of Liability Insurance and support ing additional insured endorsement , which provides all the necessary types and levels of coverage as set out in the application .
• The Certificate Holder reflects :
City of National City
c/o Risk Manage r
1243 Nationa l City Boulevard
Nationa l City, CA. 91950-4397
17 119 of 379
The following page(s) contain the backup material for Agenda Item: Investment transactions for the month ended November 30, 2021. (Finance)
Please scroll down to view the backup material.
120 of 379
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
ITEM TITLE:
DEPARTMENT:
PHONE:
EXPLANATION:
APPROVED BY:
AGENDA ITEM NO.: MEETING DATE:
ENVIRONMENTAL REVIEW:
FINANCIAL STATEMENT: APPROVED: FINANCE
ORDINANCE: INTRODUCTION
ACCOUNT NO.
STAFF RECOMMENDATION:
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
FINAL ADOPTION
APPROVED: MIS
NA
PREPARED BY:
Investment Transaction Ledger
Accept and file the Investment Transaction Ledger for the month ended November 30, 2021.
This is not a project and, therefore, not subject to environmental review.
NA
In accordance with California Government Code Section 53646 and Section XIIA of the City of National City’s investment policy, a monthly report shall be submitted to the legislative body accounting for transactions made during the reporting period.
The attached listing reflects investment transactions of the City of National City’s investment portfolio for the month ending November 30, 2021.
619-336-4346
Finance Ron Gutlay
Investment transactions for the month ended November 30, 2021.
March 1, 2022
121 of 379
Transaction Ledger
As of November 30, 2021
City of National City
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 11/02/2021 60934N807 9.61 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 9.61 0.00 9.61 0.00
Purchase 11/03/2021 60934N807 8,400.00 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 8,400.00 0.00 8,400.00 0.00
Purchase 11/05/2021 60934N807 1,125.00 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 1,125.00 0.00 1,125.00 0.00
Purchase 11/06/2021 60934N807 812.50 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 812.50 0.00 812.50 0.00
Purchase 11/12/2021 60934N807 573.75 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 573.75 0.00 573.75 0.00
Purchase 11/15/2021 60934N807 21,250.00 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 21,250.00 0.00 21,250.00 0.00
Purchase 11/15/2021 60934N807 62.83 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 62.83 0.00 62.83 0.00
Purchase 11/15/2021 60934N807 56.83 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 56.83 0.00 56.83 0.00
Purchase 11/15/2021 60934N807 29.17 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 29.17 0.00 29.17 0.00
Purchase 11/15/2021 60934N807 51.67 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 51.67 0.00 51.67 0.00
Purchase 11/15/2021 60934N807 58.50 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 58.50 0.00 58.50 0.00
Purchase 11/15/2021 60934N807 34.50 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 34.50 0.00 34.50 0.00
Purchase 11/15/2021 60934N807 31.88 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 31.88 0.00 31.88 0.00
Purchase 11/15/2021 60934N807 6,307.99 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 6,307.99 0.00 6,307.99 0.00
Purchase 11/15/2021 60934N807 7,105.77 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 7,105.77 0.00 7,105.77 0.00
Purchase 11/15/2021 60934N807 11,907.34 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 11,907.34 0.00 11,907.34 0.00
Execution Time: 12/1/2021 7:03:49 PMChandler Asset Management Page 11 122 of 379
Transaction Ledger
As of November 30, 2021
City of National City
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 11/15/2021 60934N807 21,369.75 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 21,369.75 0.00 21,369.75 0.00
Purchase 11/15/2021 60934N807 17,371.14 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 17,371.14 0.00 17,371.14 0.00
Purchase 11/17/2021 60934N807 911.25 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 911.25 0.00 911.25 0.00
Purchase 11/17/2021 91282CAZ4 500,000.00 US Treasury Note
0.375% Due 11/30/2025
96.977 1.14% 484,882.81 870.90 485,753.71 0.00
Purchase 11/18/2021 60934N807 77.08 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 77.08 0.00 77.08 0.00
Purchase 11/18/2021 78015K7H1 500,000.00 Royal Bank of Canada Note
1.15% Due 6/10/2025
99.207 1.38% 496,035.00 2,523.61 498,558.61 0.00
Purchase 11/19/2021 89114TZG0 500,000.00 Toronto-Dominion Bank Note
1.25% Due 9/10/2026
97.944 1.70% 489,720.00 1,197.92 490,917.92 0.00
Purchase 11/19/2021 91282CAM3 500,000.00 US Treasury Note
0.25% Due 9/30/2025
96.957 1.06% 484,785.16 171.70 484,956.86 0.00
Purchase 11/19/2021 91282CDG3 1,000,000.00 US Treasury Note
1.125% Due 10/31/2026
99.551 1.22% 995,507.81 590.47 996,098.28 0.00
Purchase 11/22/2021 06368FAC3 500,000.00 Bank of Montreal Note
1.25% Due 9/15/2026
98.224 1.64% 491,120.00 1,163.19 492,283.19 0.00
Purchase 11/22/2021 60934N807 806.25 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 806.25 0.00 806.25 0.00
Purchase 11/22/2021 60934N807 18.00 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 18.00 0.00 18.00 0.00
Purchase 11/22/2021 60934N807 4,422.36 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 4,422.36 0.00 4,422.36 0.00
Purchase 11/22/2021 60934N807 3,911.41 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 3,911.41 0.00 3,911.41 0.00
Purchase 11/24/2021 43815GAC3 120,000.00 Honda Auto Receivables Trust 2021-4 A3
0.88% Due 1/21/2026
99.979 0.89% 119,974.70 0.00 119,974.70 0.00
Purchase 11/24/2021 60934N807 400.00 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 400.00 0.00 400.00 0.00
Execution Time: 12/1/2021 7:03:49 PMChandler Asset Management Page 12 123 of 379
Transaction Ledger
As of November 30, 2021
City of National City
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 11/26/2021 60934N807 608,452.52 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 608,452.52 0.00 608,452.52 0.00
Purchase 11/26/2021 60934N807 27.50 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 27.50 0.00 27.50 0.00
Purchase 11/27/2021 60934N807 725.00 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 725.00 0.00 725.00 0.00
Purchase 11/29/2021 91324PEC2 500,000.00 United Health Group Inc Callable Note Cont 4/15/2026
1.15% Due 5/15/2026
98.019 1.61% 490,095.00 223.61 490,318.61 0.00
Purchase 11/30/2021 60934N807 11,859.38 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 11,859.38 0.00 11,859.38 0.00
Purchase 11/30/2021 60934N807 375,000.00 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 375,000.00 0.00 375,000.00 0.00
Purchase 11/30/2021 91282CAT8 650,000.00 US Treasury Note
0.25% Due 10/31/2025
96.852 1.07% 629,535.16 134.67 629,669.83 0.00
Purchase 11/30/2021 91282CDH1 650,000.00 US Treasury Note
0.75% Due 11/15/2024
99.742 0.84% 648,324.22 202.00 648,526.22 0.00
Subtotal 6,523,168.98 6,433,148.84 7,078.07 6,440,226.91 0.00 Security
Contribution
11/12/2021 60934N807 2,500,000.00 Federated Investors Govt Oblig Fund Inst.
1.000 2,500,000.00 0.00 2,500,000.00 0.00
Subtotal 2,500,000.00 2,500,000.00 0.00 2,500,000.00 0.00 TOTAL ACQUISITIONS 9,023,168.98 8,933,148.84 7,078.07 8,940,226.91 0.00
DISPOSITIONS
Sale 11/17/2021 60934N807 485,753.71 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 485,753.71 0.00 485,753.71 0.00
Sale 11/18/2021 60934N807 498,558.61 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 498,558.61 0.00 498,558.61 0.00
Sale 11/19/2021 3135G0T78 500,000.00 FNMA Note
2% Due 10/5/2022
101.589 0.19% 507,945.00 1,222.22 509,167.22 13,730.00
Execution Time: 12/1/2021 7:03:49 PMChandler Asset Management Page 13 124 of 379
Transaction Ledger
As of November 30, 2021
City of National City
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
DISPOSITIONS
Sale 11/19/2021 60934N807 490,917.92 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 490,917.92 0.00 490,917.92 0.00
Sale 11/19/2021 60934N807 517,672.99 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 517,672.99 0.00 517,672.99 0.00
Sale 11/19/2021 912828V72 450,000.00 US Treasury Note
1.875% Due 1/31/2022
100.371 0.00% 451,669.92 2,545.01 454,214.93 15,925.78
Sale 11/22/2021 60934N807 492,283.19 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 492,283.19 0.00 492,283.19 0.00
Sale 11/24/2021 60934N807 119,974.70 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 119,974.70 0.00 119,974.70 0.00
Sale 11/26/2021 912828TY6 600,000.00 US Treasury Note
1.625% Due 11/15/2022
101.359 0.22% 608,156.25 296.27 608,452.52 -6,328.13
Sale 11/29/2021 60934N807 490,318.61 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 490,318.61 0.00 490,318.61 0.00
Sale 11/30/2021 313378WG2 600,000.00 FHLB Note
2.5% Due 3/11/2022
100.678 0.08% 604,068.00 3,291.67 607,359.67 7,422.00
Sale 11/30/2021 3133ELWD2 565,000.00 FFCB Note
0.375% Due 4/8/2022
100.101 0.09% 565,570.65 306.04 565,876.69 1,406.85
Sale 11/30/2021 60934N807 104,959.69 Federated Investors Govt Oblig Fund Inst.
1.000 0.03% 104,959.69 0.00 104,959.69 0.00
Subtotal 5,915,439.42 5,937,849.24 7,661.21 5,945,510.45 32,156.50 Paydown 11/15/2021 43815NAC8 6,211.94 Honda Auto Receivables Trust 2019-3 A3
1.78% Due 8/15/2023
100.000 6,211.94 96.05 6,307.99 0.05
Paydown 11/15/2021 477870AC3 6,993.43 John Deere Owner Trust 2019-B A3
2.21% Due 12/15/2023
100.000 6,993.43 112.34 7,105.77 1.48
Paydown 11/15/2021 47787NAC3 0.00 John Deere Owner Trust 2020-B A3
0.51% Due 11/15/2024
100.000 0.00 31.88 31.88 0.00
Paydown 11/15/2021 47788UAC6 0.00 John Deere Owner Trust 2021-A A3
0.36% Due 9/15/2025
100.000 0.00 34.50 34.50 0.00
Paydown 11/15/2021 47789KAC7 11,751.51 John Deere Owner Trust 2020-A A3
1.1% Due 8/15/2024
100.000 11,751.51 155.83 11,907.34 0.72
Execution Time: 12/1/2021 7:03:49 PMChandler Asset Management Page 14 125 of 379
Transaction Ledger
As of November 30, 2021
City of National City
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
DISPOSITIONS
Paydown 11/15/2021 47789QAC4 0.00 John Deere Owner Trust 2021-B A3
0.52% Due 3/16/2026
100.000 0.00 58.50 58.50 0.00
Paydown 11/15/2021 58769KAD6 0.00 Mercedes-Benz Auto Lease Trust 2021- B A3
0.4% Due 11/15/2024
100.000 0.00 51.67 51.67 0.00
Paydown 11/15/2021 65479JAD5 20,925.30 Nissan Auto Receivables Owner 2019-C A3
1.93% Due 7/15/2024
100.000 20,925.30 444.45 21,369.75 1.10
Paydown 11/15/2021 89232HAC9 17,039.56 Toyota Auto Receivable Own 2020-A A3
1.66% Due 5/15/2024
100.000 17,039.56 331.58 17,371.14 -392.71
Paydown 11/15/2021 89236XAC0 0.00 Toyota Auto Receivables 2020-D A3
0.35% Due 1/15/2025
100.000 0.00 29.17 29.17 0.00
Paydown 11/15/2021 89237VAB5 0.00 Toyota Auto Receivables Trust 2020-C A3
0.44% Due 10/15/2024
100.000 0.00 56.83 56.83 0.00
Paydown 11/15/2021 89240BAC2 0.00 Toyota Auto Receivables Owners 2021- A A3
0.26% Due 5/15/2025
100.000 0.00 62.83 62.83 0.00
Paydown 11/18/2021 43813KAC6 0.00 Honda Auto Receivables Trust 2020-3 A3
0.37% Due 10/18/2024
100.000 0.00 77.08 77.08 0.00
Paydown 11/22/2021 43813GAC5 0.00 Honda Auto Receivables Trust 2021-1 A3
0.27% Due 4/21/2025
100.000 0.00 18.00 18.00 0.00
Paydown 11/22/2021 43813RAC1 4,328.44 Honda Auto Receivables 2020-1 A3
1.61% Due 4/22/2024
100.000 4,328.44 93.92 4,422.36 0.85
Paydown 11/22/2021 43815HAC1 3,901.82 Honda Auto Receivables Trust 2018-3 A3
2.95% Due 8/22/2022
100.000 3,901.82 9.59 3,911.41 0.54
Paydown 11/26/2021 09690AAC7 0.00 BMW Vehicle Lease Trust 2021-2 A3
0.33% Due 12/26/2024
100.000 0.00 27.50 27.50 0.00
Subtotal 71,152.00 71,152.00 1,691.72 72,843.72 -387.97 Execution Time: 12/1/2021 7:03:49 PMChandler Asset Management Page 15 126 of 379
Transaction Ledger
As of November 30, 2021
City of National City
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
DISPOSITIONS
Maturity 11/30/2021 912828G53 375,000.00 US Treasury Note
1.875% Due 11/30/2021
100.000 375,000.00 0.00 375,000.00 -3,121.37
Subtotal 375,000.00 375,000.00 0.00 375,000.00 -3,121.37 Security
Withdrawal
11/03/2021 60934N807 2,404.02 Federated Investors Govt Oblig Fund Inst.
1.000 2,404.02 0.00 2,404.02 0.00
Subtotal 2,404.02 2,404.02 0.00 2,404.02 0.00
TOTAL DISPOSITIONS 6,363,995.44 6,386,405.26 9,352.93 6,395,758.19 28,647.16
OTHER TRANSACTIONS
Interest 11/03/2021 037833AK6 700,000.00 Apple Inc Note
2.4% Due 5/3/2023
0.000 8,400.00 0.00 8,400.00 0.00
Interest 11/05/2021 3137EAER6 600,000.00 FHLMC Note
0.375% Due 5/5/2023
0.000 1,125.00 0.00 1,125.00 0.00
Interest 11/06/2021 3137EAEZ8 650,000.00 FHLMC Note
0.25% Due 11/6/2023
0.000 812.50 0.00 812.50 0.00
Interest 11/12/2021 023135BW5 255,000.00 Amazon.com Inc Note
0.45% Due 5/12/2024
0.000 573.75 0.00 573.75 0.00
Interest 11/15/2021 912828R36 1,000,000.00 US Treasury Note
1.625% Due 5/15/2026
0.000 8,125.00 0.00 8,125.00 0.00
Interest 11/15/2021 912828TY6 600,000.00 US Treasury Note
1.625% Due 11/15/2022
0.000 4,875.00 0.00 4,875.00 0.00
Interest 11/15/2021 912828WE6 600,000.00 US Treasury Note
2.75% Due 11/15/2023
0.000 8,250.00 0.00 8,250.00 0.00
Interest 11/17/2021 14913R2L0 405,000.00 Caterpillar Financial Service Note
0.45% Due 5/17/2024
0.000 911.25 0.00 911.25 0.00
Interest 11/22/2021 3135G04Q3 645,000.00 FNMA Note
0.25% Due 5/22/2023
0.000 806.25 0.00 806.25 0.00
Interest 11/24/2021 459058JM6 320,000.00 Intl. Bank Recon & Development Note
0.25% Due 11/24/2023
0.000 400.00 0.00 400.00 0.00
Execution Time: 12/1/2021 7:03:49 PMChandler Asset Management Page 16 127 of 379
Transaction Ledger
As of November 30, 2021
City of National City
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest
Pur/Sold Total Amount Gain/Loss
OTHER TRANSACTIONS
Interest 11/27/2021 3135G06H1 580,000.00 FNMA Note
0.25% Due 11/27/2023
0.000 725.00 0.00 725.00 0.00
Interest 11/30/2021 912828G53 375,000.00 US Treasury Note
1.875% Due 11/30/2021
0.000 3,515.63 0.00 3,515.63 0.00
Interest 11/30/2021 912828M80 600,000.00 US Treasury Note 2% Due 11/30/2022
0.000 6,000.00 0.00 6,000.00 0.00
Interest 11/30/2021 912828ZT0 675,000.00 US Treasury Note
0.25% Due 5/31/2025
0.000 843.75 0.00 843.75 0.00
Interest 11/30/2021 91282CAZ4 800,000.00 US Treasury Note
0.375% Due 11/30/2025
0.000 1,500.00 0.00 1,500.00 0.00
Subtotal 8,805,000.00 46,863.13 0.00 46,863.13 0.00
Dividend 11/02/2021 60934N807 18,355.20 Federated Investors Govt Oblig Fund Inst.
0.000 9.61 0.00 9.61 0.00
Subtotal 18,355.20 9.61 0.00 9.61 0.00
TOTAL OTHER TRANSACTIONS 8,823,355.20 46,872.74 0.00 46,872.74 0.00 Execution Time: 12/1/2021 7:03:49 PMChandler Asset Management Page 17 128 of 379
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
ITEM TITLE:
DEPARTMENT:
PHONE:
EXPLANATION:
APPROVED BY:
AGENDA ITEM NO.: MEETING DATE:
ENVIRONMENTAL REVIEW:
FINANCIAL STATEMENT: APPROVED: FINANCE
ORDINANCE: INTRODUCTION
ACCOUNT NO.
STAFF RECOMMENDATION:
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
FINAL ADOPTION
APPROVED: MIS
PREPARED BY:
1. Staff Report
2. Investment Listings
Accept and File the Investment Report for the Quarter ended December 31, 2021.
This is not a project and, therefore, not subject to environmental review.
See attached staff report.
See attached staff report.
619-336-4346
Finance Ronald Gutlay
Investment Report for the quarter ended December 31, 2021.
March 1, 2022
N/A
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City Council Staff Report
March 1, 2022
ITEM
Staff Report: Investment Report for the quarter ended December 31, 2021.
BACKGROUND
The California Government Code (§53646(b)) requires that, when the treasurer or the chief fiscal officer of a local agency renders to the legislative body of the agency a quarterly report on the agency’s investment portfolio, such report shall include the following information regarding all securities, investments, and moneys held by the local agency:
type of investment;
issuer (bank or institution);
date of maturity;
dollar amount invested; and
current market valuation as of the date of the report.
In addition, the Government Code (§53646(b)(2)) requires that the report state the City’s compliance with its investment policy and include a statement regarding the ability of the local agency to meet its pool’s ability to meet its expenditure requirements Code (§53646(b)(3)).
OVERVIEW OF CITY INVESTMENTS
The City’s pooled investment portfolio balance as of December 31, 2021 is summarized below and compared to the balance as of December 31, 2020.
1 actual cost of investments
2 amount at which the investments could be sold
The assets of the City of National City’s investment portfolio are managed by Chandler Asset Management which represents the largest portion of the assets, 43.22%, the California Treasurer’s Local Agency Investment Fund (LAIF), and the San Diego County Treasurer's Pooled Money Fund (“San Diego County Pool”). The San Diego County Pool and LAIF are Table 1
12/31/2021 12/31/2020
Book Value 1 86,225,867$ 72,730,675$
Market Value 2 86,064,017$ 73,813,476$
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Staff Report: Investment Report for the quarter ended December 31, 2021.
March 1, 2022
liquid investment pools that allow participants to earn market rate returns, while retaining access to funds within 24 to 48 hours of a withdrawal request with no penalty. The City’s assets managed by Chandler Asset Management may be liquidated and withdrawn at any time.
However, these investments likely do not provide the short liquidity (i.e., quick access to funds) of the pooled money funds, and liquidation of these investments is at the risk of loss and/or penalty to the City.
Summaries of the City’s investment portfolio are illustrated below.
INVESTMENT PORTFOLIO SUMMARY BY ISSUER/MANAGER
As of December 31, 2021
1 includes accrued interest
2 includes LAIF participation factor of 0.99743912
3 calculated on 30/360 basis
Table 2
Total Market % of
Issuer/Manager Book Value Market Value1 YTM Portfolio
Chandler Asset Management 37,191,595 37,200,376 0.88% 43.22% County of San Diego 36,533,419 36,386,047 0.63% 42.28%
Local Agency Investment Fund 12,500,853 12,477,594 0.21% 14.50% Totals for December 31, 2021 $86,225,867 $86,064,017 100.00% 3 2
Chandler Asset
Management
$37,200,376 County of San
Diego
$36,386,047
LAIF
$12,477,594
TOTAL MARKET VALUE
$86,064,017
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Staff Report: Investment Report for the quarter ended December 31, 2021.
March 1, 2022
INVESTMENT PERFORMANCE BY ISSUER/MANAGER
For the Quarter Ended December 31, 2021
1 includes accrued interest
2 total include deposits and withdrawal(s) of: 11/12/2021 $2,500,000, 10/21/2021 $2,500,000; 11/17/21 -$2,000,000; 11/12/21 -$2,500,000; 10/21/21 -$2,500,000,
3 annualized
4 weighted
Economic Update:
“We believe economic growth is likely to moderate but remain above-trend in 2022, as US fiscal support begins to wane, and the Federal Reserve becomes less accommodative. We expect continued improvement in the labor market, particularly an increase in the participation rate, will help drive economic growth this year as the health situation improves. Consumer spending, the largest component of US GDP, should also remain solid, supported by healthy consumer balance sheets and an improving labor market, in our view. We anticipate inventory rebuilding will likely be a significant driver of US GDP growth in the second half of the year as well. Our outlook is predicated on an improving global health backdrop, though risks to the downside remain. Over the near-term, we believe the omicron variant will hinder economic growth and we expect financial market volatility will be elevated. Inflation reading continue to run hot, but we believe inflation may be at or near a peak and pricing pressures are likely to abate as we move through the year.
The Federal Open Market Committee (FOMC) kept the fed funds target rate unchanged in December, in a range of 0.0%-0.25%, but announced plans to accelerate the pace of their tapering process. The Fed will reduce the magnitude of their monthly asset purchases by $30 billion in January, doubling the pace of the monthly reduction in asset purchases that began in November. Should the Fed continue to reduce their monthly asset purchases at the new pace, their bond-buying program would end this spring (late-March or mid-April). The FOMC’s updated Summary of Economic Projections indicates that policymakers may be prepared to hike the fed funds rate three times in 2022 (based on the median estimate), up from the previous projection of just one 25 basis point hike. The Fed’s updated projections suggest that these hikes would be amid a backdrop of strong economic growth. With inflation now more elevated and prolonged than originally anticipated, we believe the Fed’s decision to accelerate the tapering Table 3
Issuer/Manager 12/31/21 9/30/21 Change
Period
Return
Yield
(Net)3
Chandler Asset Management $37,200,376 $32,363,354 $4,837,022 -0.46% NA County of San Diego $36,386,047 $36,259,817 126,230 0.17% 0.69% Local Agency Investment Fund $12,477,594 $19,498,391 ($7,020,797) 0.06% 0.23% Totals for December 31, 2021 $86,064,017 $88,121,562 ($2,057,545) -0.10% Total Market Value1
2 4
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March 1, 2022
process is prudent. However, we do not believe that monetary policy is on a pre-set course and expect the Fed will adjust policy if necessary, depending on developments in the economy.
In December, the 2-year Treasury yield increased nearly 17 basis points to 0.73%, the 5-year Treasury yield increased ten basis points to 1.26%, and the 10-year Treasury yield increased about seven basis points to 1.51% in the month. So far in January, we have seen a relatively swift move upward in Treasury yield across the curve.”1
COMPLIANCE STATEMENT
All of the City’s investments are in compliance with the City’s investment policy (City Council Policy No. 203) and the California Government Code (§53601 et seq).
FINANCIAL STATEMENT
Realized and unrealized gains for the period, reflected below, were $111,637. These changes include changes in security market values, gain or loss from the sale of assets, accrued interest, and reinvested interest/earnings.
The difference between the changes reflected in the previous two tables is attributable to the purchase and sale of securities for which the first of the tables accounts but the second table typically does not (unless an investment is sold before maturity).
STAFF CERTIFICATION
Staff certifies that there are sufficient funds to meet the pool’s expenditure requirements.
RECOMMENDATIONS
Accept and file the Investment Report for the quarter ended December 31, 2021.
1 December 31, 2021 Chandler Asset Management Investment Report Table 4
Issuer/Manager Gain/(Loss)
Chandler Asset Management 40,509$
County of San Diego 62,373
LAIF 8,754
Totals for December 31, 2021 111,637$
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Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures.
CHANDLER ASSET MANAGEMENT
chandlerasset.com
City of National City
MONTHLY ACCOUNT STATEMENT
DECEMBER 1, 2021 THROUGH DECEMBER 31, 2021
Chandler Team:
For questions about your account, please call (800) 317-4747, or contact [email protected]
Custodian
Bank of New York Mellon
Lauren Dehner
(904) 645-1918
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ACCOUNT SUMMARY
Beg. Values
as of 11/30/21
End Values
as of 12/31/21
Market Value 37,141,785 37,085,256
Accrued Interest 122,681 115,120
Total Market Value 37,264,466 37,200,376
Income Earned 41,539 40,509
Cont/WD -2,567
Par 36,848,223 36,927,869
Book Value 37,080,897 37,191,595
Cost Value 37,080,897 37,191,595
TOP ISSUERS
Government of United States 41.9%
Federal Home Loan Mortgage Corp 12.6%
Federal Home Loan Bank 7.2%
Federal National Mortgage Assoc 6.5%
Intl Bank Recon and Development 2.1%
Toyota ABS 2.0%
Apple Inc 1.9%
Deere & Company 1.9%
Total 76.2%
PORTFOLIO CHARACTERISTICS
Average Modified Duration 2.47
Average Coupon 1.27%
Average Purchase YTM 1.09%
Average Market YTM 0.88%
Average S&P/Moody Rating AA/Aa1
Average Final Maturity 2.65 yrs
Average Life 2.53 yrs
CREDIT QUALITY (S&P)
MATURITY DISTRIBUTION
SECTOR ALLOCATION
Portfolio Summary
As of December 31, 2021
City of National City
PERFORMANCE REVIEW
Annualized
TOTAL RATE OF RETURN 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS 2/29/2012 City of National City -0.17% -0.46% -0.49% -0.49% 1.34% 2.18% 1.81% N/A 1.25% ICE BofA 1-3 Yr US Treasury & Agency Index -0.24% -0.53% -0.55% -0.55% 1.25% 2.01% 1.61% N/A 1.12% ICE BofA 1-3 Yr AAA-A US Corp & Govt Index -0.22% -0.54% -0.50% -0.50% 1.36% 2.17% 1.77% N/A 1.29% Execution Time: 1/4/2022 4:15:48 PMChandler Asset Management Page 1 136 of 379
Category Standard Comment
U.S. Treasuries No limitation; Full faith and credit of the U.S. are pledged for the payment of principal and interest Complies Federal Agencies
No Limitation; Federal agencies or U.S. government-sponsored enterprise obligations, participations, or other instruments, including those issued or fully guaranteed as to principal and interest by federal agencies or U.S. government sponsored enterprises.
Complies
Supranational Obligations "AA" rating category or higher by a NRSRO; 30% max; 10% max per issuer; U.S. dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by IBRD, IFC, IADB Complies Municipal Securities
"A" rating category or better by two NRSROs; 30% max; 5% max per issuer; Include bonds of the City, the State of California, any other state, and any local agency within the State of California; Bonds will be registered in the name of the City or held under a custodial agreement at a bank.
Complies
Corporate Medium Term Notes "A" rating category or better by at least two NRSROs; 30% max; 5% max per issuer; Issued by corporations organized and operating within the U.S. or by depository institutions licensed by U.S. or any state and operating within the U.S. Complies Mortgage Pass-throughs and Asset
Backed Securities "AA" rating category or better by a NRSRO; 20% max Complies Negotiable Certificates of Deposit "A" long-term debt rated or higher by at least two NRSROs; and/or "A1" short-term debt rated or higher by at least two NRSROs; 30% max (including CDARs); 5% max per issuer Complies Certificate of Deposit Placement Service
(CDARS) 30% max (combination of Certificates of Deposit, including CDARS) Complies FDIC insured Time Deposits/ Certificates
of Deposit
Non-Negotiable Certificates of Deposit in state or federally chartered banks, savings and loans, or credit unions; The amount per institution is limited to maximum covered under FDIC; 30% max combined certificates of deposit including CDARS
Complies
Banker’s Acceptances "A-1" short-term debt rated or higher by at least two NRSROs; and "A" long-term debt rated by two NRSROs; 40% max; 5% max per issuer; 180 days max maturity Complies
Commercial Paper "A-1" short-term rated or higher by at least two NRSROs; and "A" long-term debt rated by two NRSROs; 25% max; 5% max per issuer; 270 days max maturity; Issuer is a corporation organized and operating in the U.S. with assets > $500 million Complies Money Market Mutual Funds
20% max in Money Market Mutual Funds; Registered with SEC under Investment Company Act of 1940 and funds meet either of the following criteria: (i) Highest rating by two NRSROs; or (ii) Retained an investment adviser registered or exempt from SEC registration with > 5 years experience managing money market mutual funds with AUM >$500 million Complies
Local Agency Investment Fund (LAIF) Maximum permitted amount in LAIF; Not used by investment adviser Complies Local Government Investment Pool
(LGIP) San Diego County Investment Pool Complies
Prohibited Securities
Any investment not specifically described in the policy; Inverse floaters; Ranges notes, Mortgage-derived interest-only strips; Zero interest accrual securities if held to maturity; Trading securities for the sole purpose of speculating on the future direction of interest rates; Purchasing or selling securities on margin; Reverse repurchase agreements; Securities lending or any other form of borrowing or leverage; Foreign currency denominated securities Complies
Callable Securities 20% maximum (does not include "make whole call" securities) Complies Maximum Issuer 5% max per issuer, except as noted in Section VIII of the investment policy Complies Duration Approximately equal to duration of the benchmark Complies Maximum maturity 5 years Complies
City of National City
As of December 31, 2021
Assets managed by Chandler Asset Management are in full compliance with state law and with the City's investment policy.
Statement of Compliance
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BOOK VALUE RECONCILIATION
BEGINNING BOOK VALUE $37,080,896.69
Acquisition
+ Security Purchases $2,921,741.99
+ Money Market Fund Purchases $107,658.75
+ Money Market Contributions $0.00
+ Security Contributions $0.00
+ Security Transfers $0.00
Total Acquisitions $3,029,400.74
Dispositions
- Security Sales $2,430,885.75
- Money Market Fund Sales $487,163.09
- MMF Withdrawals $2,567.39
- Security Withdrawals $0.00
- Security Transfers $0.00
- Other Dispositions $0.00
- Maturites $0.00
- Calls $0.00
- Principal Paydowns $63,281.73
Total Dispositions $2,983,897.96
Amortization/Accretion
+/- Net Accretion $0.00
$0.00
Gain/Loss on Dispositions
+/- Realized Gain/Loss $65,195.73
$65,195.73
ENDING BOOK VALUE $37,191,595.20
CASH TRANSACTION SUMMARY
BEGINNING BALANCE $418,680.74
Acquisition
Contributions $0.00
Security Sale Proceeds $2,430,885.75
Accrued Interest Received $9,494.22
Interest Received $44,362.32
Dividend Received $14.70
Principal on Maturities $0.00
Interest on Maturities $0.00
Calls/Redemption (Principal) $0.00
Interest from Calls/Redemption $0.00
Principal Paydown $63,281.73
Total Acquisitions $2,548,038.72
Dispositions
Withdrawals $2,567.39
Security Purchase $2,921,741.99
Accrued Interest Paid $5,801.07
Total Dispositions $2,930,110.45
ENDING BOOK VALUE $36,609.01
Reconciliation Summary
As of December 31, 2021
City of National City
Execution Time: 1/4/2022 4:15:48 PMChandler Asset Management Page 3 138 of 379
Income Earned
As of December 31, 2021
City of National City
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
FIXED INCOME
023135BW5 Amazon.com Inc
Note
0.45% Due 05/12/2024
05/10/2021
05/12/2021
255,000.00
254,627.70
0.00 0.00
254,627.70
60.56 0.00
156.19
95.63 0.00
0.00 0.00
95.63 95.63
037833AK6 Apple Inc
Note
2.4% Due 05/03/2023
Various
Various
700,000.00
700,739.00
0.00 0.00
700,739.00
1,306.67
0.00 2,706.67
1,400.00
0.00 0.00
0.00 1,400.00
1,400.00
06051GEU9 Bank of America Corp
Note
3.3% Due 01/11/2023
12/27/2018
12/31/2018
400,000.00
393,500.00
0.00 0.00
393,500.00
5,133.33
0.00 6,233.33
1,100.00
0.00 0.00
0.00 1,100.00
1,100.00
06368FAC3 Bank of Montreal
Note
1.25% Due 09/15/2026
11/18/2021
11/22/2021
500,000.00
491,120.00
0.00 0.00
491,120.00
1,319.44
0.00 1,840.28
520.84
0.00 0.00
0.00 520.84
520.84
06406RAA5 Bank of NY Mellon Corp
Callable Note Cont 1/7/2022
Due 02/07/2022
08/14/2018
08/16/2018
0.00 392,152.00
0.00 392,152.00
0.00 3,293.33
3,755.56
0.00 462.23
0.00 0.00
0.00 462.23
462.23
06406RAX5 Bank of NY Mellon Corp
Callable Note Cont 9/25/2024
0.85% Due 10/25/2024
12/15/2021
12/17/2021
500,000.00
0.00 495,325.00
0.00 495,325.00
0.00 (613.89)
779.17
165.28
0.00 0.00
0.00 165.28
165.28
084670BR8 Berkshire Hathaway
Callable Note Cont 1/15/2023
2.75% Due 03/15/2023
08/26/2019
08/28/2019
400,000.00
412,068.00
0.00 0.00
412,068.00
2,322.22
0.00 3,238.89
916.67
0.00 0.00
0.00 916.67
916.67
09690AAC7 BMW Vehicle Lease Trust
2021-2 A3
0.33% Due 12/26/2024
09/08/2021
09/15/2021
100,000.00
99,989.68
0.00 0.00
99,989.68
5.50 27.50
5.50 27.50
0.00 0.00
0.00 27.50
27.50 14913R2L0 Caterpillar Financial Service
Note
0.45% Due 05/17/2024
05/10/2021
05/17/2021
405,000.00
404,457.30
0.00 0.00
404,457.30
70.88 0.00
222.75
151.87
0.00 0.00
0.00 151.87
151.87
Execution Time: 1/4/2022 4:15:48 PMChandler Asset Management Page 17 139 of 379
Income Earned
As of December 31, 2021
City of National City
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
24422EUR8 John Deere Capital Corp
Note
3.45% Due 01/10/2024
03/14/2019
03/18/2019
400,000.00
408,860.00
0.00 0.00
408,860.00
5,405.00
0.00 6,555.00
1,150.00
0.00 0.00
0.00 1,150.00
1,150.00
24422EVN6 John Deere Capital Corp
Note
0.45% Due 01/17/2024
03/01/2021
03/04/2021
275,000.00
274,804.75
0.00 0.00
274,804.75
460.63
0.00 563.75
103.12
0.00 0.00
0.00 103.12
103.12
3130A0F70 FHLB
Note
3.375% Due 12/08/2023
01/30/2019
01/31/2019
525,000.00
540,734.25
0.00 0.00
540,734.25
8,514.84
8,859.38
1,132.03
1,476.57
0.00 0.00
0.00 1,476.57
1,476.57
3130A1XJ2 FHLB
Note
2.875% Due 06/14/2024
Various
Various
580,000.00
605,009.60
0.00 0.00
605,009.60
7,735.34
8,337.50
787.44
1,389.60
0.00 0.00
0.00 1,389.60
1,389.60
3130A2UW4 FHLB
Note
2.875% Due 09/13/2024
10/29/2019
10/30/2019
300,000.00
315,474.00
0.00 0.00
315,474.00
1,868.75
0.00 2,587.50
718.75
0.00 0.00
0.00 718.75
718.75
3130A3KM5 FHLB
Note
2.5% Due 12/09/2022
09/10/2019
09/13/2019
575,000.00
591,174.75
0.00 0.00
591,174.75
6,868.06
7,187.50
878.47
1,197.91
0.00 0.00
0.00 1,197.91
1,197.91
313379Q69 FHLB
Note
2.125% Due 06/10/2022
06/20/2017
06/21/2017
600,000.00
607,110.00
0.00 0.00
607,110.00
6,056.25
6,375.00
743.75
1,062.50
0.00 0.00
0.00 1,062.50
1,062.50
3135G04Q3 FNMA
Note
0.25% Due 05/22/2023
05/20/2020
05/22/2020
645,000.00
643,058.55
0.00 0.00
643,058.55
40.31 0.00
174.69
134.38
0.00 0.00
0.00 134.38
134.38
3135G05G4 FNMA
Note
0.25% Due 07/10/2023
07/08/2020
07/10/2020
560,000.00
558,796.00
0.00 0.00
558,796.00
548.33
0.00 665.00
116.67
0.00 0.00
0.00 116.67
116.67
Execution Time: 1/4/2022 4:15:48 PMChandler Asset Management Page 18 140 of 379
Income Earned
As of December 31, 2021
City of National City
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
3135G06H1 FNMA
Note
0.25% Due 11/27/2023
11/23/2020
11/25/2020
580,000.00
579,338.80
0.00 0.00
579,338.80
16.11 0.00
136.94
120.83
0.00 0.00
0.00 120.83
120.83
3135G0W33 FNMA
Note
Due 09/06/2022
09/05/2019
09/06/2019
0.00 622,825.00
0.00 622,825.00
0.00 2,029.08
2,387.15
0.00 358.07
0.00 0.00
0.00 358.07
358.07
3135G0X24 FNMA
Note
1.625% Due 01/07/2025
01/16/2020
01/17/2020
625,000.00
623,050.00
0.00 0.00
623,050.00
4,062.50
0.00 4,908.85
846.35
0.00 0.00
0.00 846.35
846.35
3137EADB2 FHLMC
Note
2.375% Due 01/13/2022
Various
Various
575,000.00
585,310.00
0.00 0.00
585,310.00
5,234.90
0.00 6,372.92
1,138.02
0.00 0.00
0.00 1,138.02
1,138.02
3137EAEN5 FHLMC
Note
2.75% Due 06/19/2023
11/26/2018
11/27/2018
275,000.00
593,214.00
0.00 321,324.25
271,889.75
7,425.00
8,349.31
252.08
1,176.39
0.00 0.00
0.00 1,176.39
1,176.39
3137EAEP0 FHLMC
Note
1.5% Due 02/12/2025
06/04/2020
06/05/2020
625,000.00
652,443.75
0.00 0.00
652,443.75
2,838.54
0.00 3,619.79
781.25
0.00 0.00
0.00 781.25
781.25
3137EAER6 FHLMC
Note
0.375% Due 05/05/2023
05/05/2020
05/07/2020
600,000.00
599,748.00
0.00 0.00
599,748.00
162.50
0.00 350.00
187.50
0.00 0.00
0.00 187.50
187.50
3137EAEV7 FHLMC
Note
0.25% Due 08/24/2023
08/27/2020
08/31/2020
900,000.00
899,037.00
0.00 0.00
899,037.00
606.25
0.00 793.75
187.50
0.00 0.00
0.00 187.50
187.50
3137EAEX3 FHLMC
Note
0.375% Due 09/23/2025
09/24/2020
09/25/2020
450,000.00
448,857.00
0.00 0.00
448,857.00
318.75
0.00 459.38
140.63
0.00 0.00
0.00 140.63
140.63
Execution Time: 1/4/2022 4:15:48 PMChandler Asset Management Page 19 141 of 379
Income Earned
As of December 31, 2021
City of National City
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
3137EAEY1 FHLMC
Note
0.125% Due 10/16/2023
10/14/2020
10/16/2020
630,000.00
627,650.10
0.00 0.00
627,650.10
98.44 0.00
164.06
65.62 0.00
0.00 0.00
65.62 65.62
3137EAEZ8 FHLMC
Note
0.25% Due 11/06/2023
11/17/2020
11/18/2020
650,000.00
649,467.00
0.00 0.00
649,467.00
112.85
0.00 248.26
135.41
0.00 0.00
0.00 135.41
135.41
43813GAC5 Honda Auto Receivables Trust
2021-1 A3
0.27% Due 04/21/2025
02/17/2021
02/24/2021
80,000.00
79,998.54
0.00 0.00
79,998.54
6.00 18.00
6.00 18.00
0.00 0.00
0.00 18.00
18.00 43813KAC6 Honda Auto Receivables Trust
2020-3 A3
0.37% Due 10/18/2024
09/22/2020
09/29/2020
250,000.00
249,963.28
0.00 0.00
249,963.28
33.40 77.08
33.40 77.08
0.00 0.00
0.00 77.08
77.08 43813RAC1 Honda Auto Receivables
2020-1 A3
1.61% Due 04/22/2024
02/19/2020
02/26/2020
61,013.49
65,658.69
0.00 4,657.16
61,001.53
29.37 88.11
27.29 86.03
0.00 0.00
0.00 86.03
86.03 43815GAC3 Honda Auto Receivables Trust
2021-4 A3
0.88% Due 01/21/2026
11/16/2021
11/24/2021
120,000.00
119,974.70
0.00 0.00
119,974.70
20.53 79.20
29.33 88.00
0.00 0.00
0.00 88.00
88.00 43815NAC8 Honda Auto Receivables Trust
2019-3 A3
1.78% Due 08/15/2023
08/20/2019
08/27/2019
52,428.07
58,541.19
0.00 6,113.56
52,427.63
46.31 86.84
41.48 82.01
0.00 0.00
0.00 82.01
82.01 4581X0DZ8 Inter-American Dev Bank
Note
0.5% Due 09/23/2024
09/15/2021
09/23/2021
505,000.00
504,626.30
0.00 0.00
504,626.30
476.94
0.00 687.36
210.42
0.00 0.00
0.00 210.42
210.42
459058GQ0 Intl. Bank Recon & Development
Note
2.5% Due 03/19/2024
01/26/2021
01/28/2021
450,000.00
481,473.00
0.00 0.00
481,473.00
2,250.00
0.00 3,187.50
937.50
0.00 0.00
0.00 937.50
937.50
Execution Time: 1/4/2022 4:15:48 PMChandler Asset Management Page 20 142 of 379
Income Earned
As of December 31, 2021
City of National City
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
459058JM6 Intl. Bank Recon & Development
Note
0.25% Due 11/24/2023
11/17/2020
11/24/2020
320,000.00
319,312.00
0.00 0.00
319,312.00
15.56 0.00
82.22 66.66
0.00 0.00
0.00 66.66
66.66 45950KCR9 International Finance Corp
Note
1.375% Due 10/16/2024
07/12/2021
07/14/2021
300,000.00
308,070.00
0.00 0.00
308,070.00
515.63
0.00 859.38
343.75
0.00 0.00
0.00 343.75
343.75
46625HJE1 JP Morgan Chase
Note
3.25% Due 09/23/2022
12/19/2019
12/24/2019
400,000.00
413,076.00
0.00 0.00
413,076.00
2,455.56
0.00 3,538.89
1,083.33
0.00 0.00
0.00 1,083.33
1,083.33
477870AC3 John Deere Owner Trust
2019-B A3
2.21% Due 12/15/2023
07/16/2019
07/24/2019
49,874.34
53,993.02
0.00 4,129.27
49,863.75
53.04 99.46
48.99 95.41
0.00 0.00
0.00 95.41
95.41 47787NAC3 John Deere Owner Trust
2020-B A3
0.51% Due 11/15/2024
07/14/2020
07/22/2020
75,000.00
74,988.57
0.00 0.00
74,988.57
17.00 31.88
17.00 31.88
0.00 0.00
0.00 31.88
31.88 47788UAC6 John Deere Owner Trust
2021-A A3
0.36% Due 09/15/2025
03/02/2021
03/10/2021
115,000.00
114,977.90
0.00 0.00
114,977.90
18.40 34.50
18.40 34.50
0.00 0.00
0.00 34.50
34.50 47789KAC7 John Deere Owner Trust
2020-A A3
1.1% Due 08/15/2024
03/04/2020
03/11/2020
147,907.75
158,238.82
0.00 10,340.11
147,898.71
77.37 145.06
72.31 140.00
0.00 0.00
0.00 140.00
140.00
47789QAC4 John Deere Owner Trust
2021-B A3
0.52% Due 03/16/2026
07/13/2021
07/21/2021
135,000.00
134,987.96
0.00 0.00
134,987.96
31.20 58.50
31.20 58.50
0.00 0.00
0.00 58.50
58.50 58769KAD6 Mercedes-Benz Auto Lease Trust
2021-B A3
0.4% Due 11/15/2024
06/22/2021
06/29/2021
155,000.00
154,988.30
0.00 0.00
154,988.30
27.56 51.67
27.56 51.67
0.00 0.00
0.00 51.67
51.67 Execution Time: 1/4/2022 4:15:48 PMChandler Asset Management Page 21 143 of 379
Income Earned
As of December 31, 2021
City of National City
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
65479JAD5 Nissan Auto Receivables Owner
2019-C A3
1.93% Due 07/15/2024
10/16/2019
10/23/2019
234,401.89
255,403.59
0.00 21,014.08
234,389.51
219.09
410.80
201.06
392.77
0.00 0.00
0.00 392.77
392.77
69353RFE3 PNC Bank
Callable Note Cont 6/28/2022
2.45% Due 07/28/2022
04/24/2018
04/26/2018
400,000.00
385,792.00
0.00 0.00
385,792.00
3,348.33
0.00 4,165.00
816.67
0.00 0.00
0.00 816.67
816.67
69371RR40 Paccar Financial Corp
Note
0.5% Due 08/09/2024
08/03/2021
08/09/2021
155,000.00
154,916.30
0.00 0.00
154,916.30
241.11
0.00 305.69
64.58 0.00
0.00 0.00
64.58 64.58
78015K7H1 Royal Bank of Canada
Note
1.15% Due 06/10/2025
11/16/2021
11/18/2021
500,000.00
496,035.00
0.00 0.00
496,035.00
2,731.25
2,875.00
335.42
479.17
0.00 0.00
0.00 479.17
479.17
79466LAG9 Salesforce.com Inc
Callable Note Cont 7/15/2022
0.625% Due 07/15/2024
06/29/2021
07/12/2021
65,000.00
64,966.85
0.00 0.00
64,966.85
156.86
0.00 190.71
33.85 0.00
0.00 0.00
33.85 33.85
808513BN4 Charles Schwab Corp
Callable Note Cont 2/18/2024
0.75% Due 03/18/2024
Various
Various
485,000.00
487,196.50
0.00 0.00
487,196.50
737.60
0.00 1,040.73
303.13
0.00 0.00
0.00 303.13
303.13
89114TZG0 Toronto-Dominion Bank
Note
1.25% Due 09/10/2026
11/17/2021
11/19/2021
500,000.00
489,720.00
0.00 0.00
489,720.00
1,406.25
0.00 1,927.08
520.83
0.00 0.00
0.00 520.83
520.83
89232HAC9 Toyota Auto Receivable Own
2020-A A3
1.66% Due 05/15/2024
06/17/2020
06/19/2020
205,634.68
227,790.23
0.00 17,416.32
210,373.91
164.27
308.01
151.71
295.45
0.00 0.00
0.00 295.45
295.45
89236TFS9 Toyota Motor Credit Corp
Note
3.35% Due 01/08/2024
05/20/2019
05/22/2019
400,000.00
411,444.00
0.00 0.00
411,444.00
5,322.78
0.00 6,439.44
1,116.66
0.00 0.00
0.00 1,116.66
1,116.66
Execution Time: 1/4/2022 4:15:48 PMChandler Asset Management Page 22 144 of 379
Income Earned
As of December 31, 2021
City of National City
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
89236XAC0 Toyota Auto Receivables
2020-D A3
0.35% Due 01/15/2025
10/06/2020
10/13/2020
100,000.00
99,981.37
0.00 0.00
99,981.37
15.56 29.17
15.56 29.17
0.00 0.00
0.00 29.17
29.17 89237VAB5 Toyota Auto Receivables Trust
2020-C A3
0.44% Due 10/15/2024
07/21/2020
07/27/2020
155,000.00
154,988.07
0.00 0.00
154,988.07
30.31 56.83
30.31 56.83
0.00 0.00
0.00 56.83
56.83 89240BAC2 Toyota Auto Receivables Owners
2021-A A3
0.26% Due 05/15/2025
02/02/2021
02/08/2021
290,000.00
289,946.18
0.00 0.00
289,946.18
33.51 62.83
33.51 62.83
0.00 0.00
0.00 62.83
62.83 91159HHX1 US Bancorp
Callable Note Cont 6/28/2024
2.4% Due 07/30/2024
03/25/2021
03/29/2021
450,000.00
475,276.50
0.00 0.00
475,276.50
3,630.00
0.00 4,530.00
900.00
0.00 0.00
0.00 900.00
900.00
9128282A7 US Treasury
Note
1.5% Due 08/15/2026
09/23/2021
09/24/2021
800,000.00
822,562.50
0.00 0.00
822,562.50
3,521.74
0.00 4,532.61
1,010.87
0.00 0.00
0.00 1,010.87
1,010.87
9128284D9 US Treasury
Note
2.5% Due 03/31/2023
12/27/2018
12/28/2018
450,000.00
448,505.86
0.00 0.00
448,505.86
1,916.21
0.00 2,874.31
958.10
0.00 0.00
0.00 958.10
958.10
9128284Z0 US Treasury
Note
2.75% Due 08/31/2025
06/17/2021
06/18/2021
675,000.00
732,111.33
0.00 0.00
732,111.33
4,717.54
0.00 6,307.15
1,589.61
0.00 0.00
0.00 1,589.61
1,589.61
9128286L9 US Treasury
Note
2.25% Due 03/31/2026
10/25/2021
10/26/2021
1,000,000.00
1,050,234.38
0.00 0.00
1,050,234.38
3,832.42
0.00 5,748.63
1,916.21
0.00 0.00
0.00 1,916.21
1,916.21
912828L24 US Treasury
Note
Due 08/31/2022
09/06/2018
09/07/2018
0.00 435,445.31
0.00 435,445.31
0.00 2,144.34
2,493.96
0.00 349.62
0.00 0.00
0.00 349.62
349.62
Execution Time: 1/4/2022 4:15:48 PMChandler Asset Management Page 23 145 of 379
Income Earned
As of December 31, 2021
City of National City
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
912828M80 US Treasury
Note
Due 11/30/2022
04/11/2019
04/15/2019
0.00 593,554.69
0.00 593,554.69
0.00 32.97
758.24
0.00 725.27
0.00 0.00
0.00 725.27
725.27
912828P46 US Treasury
Note
1.625% Due 02/15/2026
12/15/2021
12/16/2021
625,000.00
0.00 635,815.43
0.00 635,815.43
0.00 (3,394.62)
3,836.19
441.57
0.00 0.00
0.00 441.57
441.57
912828R36 US Treasury
Note
1.625% Due 05/15/2026
10/25/2021
10/26/2021
1,000,000.00
1,022,500.00
0.00 0.00
1,022,500.00
718.23
0.00 2,109.81
1,391.58
0.00 0.00
0.00 1,391.58
1,391.58
912828W71 US Treasury
Note
2.125% Due 03/31/2024
12/05/2019
12/06/2019
225,000.00
229,640.63
0.00 0.00
229,640.63
814.39
0.00 1,221.58
407.19
0.00 0.00
0.00 407.19
407.19
912828WE6 US Treasury
Note
2.75% Due 11/15/2023
07/22/2019
07/23/2019
600,000.00
624,000.00
0.00 0.00
624,000.00
729.28
0.00 2,142.27
1,412.99
0.00 0.00
0.00 1,412.99
1,412.99
912828ZA1 US Treasury
Note
1.125% Due 02/28/2022
03/24/2020
03/25/2020
700,000.00
709,925.78
0.00 0.00
709,925.78
2,001.38
0.00 2,675.76
674.38
0.00 0.00
0.00 674.38
674.38
912828ZD5 US Treasury
Note
0.5% Due 03/15/2023
03/24/2020
03/25/2020
675,000.00
676,476.56
0.00 0.00
676,476.56
717.89
0.00 1,006.91
289.02
0.00 0.00
0.00 289.02
289.02
912828ZT0 US Treasury
Note
0.25% Due 05/31/2025
02/25/2021
02/26/2021
675,000.00
665,112.30
0.00 0.00
665,112.30
4.64 0.00
148.35
143.71
0.00 0.00
0.00 143.71
143.71
91282CAM3 US Treasury
Note
0.25% Due 09/30/2025
Various
Various
1,000,000.00
970,800.79
0.00 0.00
970,800.79
425.82
0.00 638.74
212.92
0.00 0.00
0.00 212.92
212.92
Execution Time: 1/4/2022 4:15:48 PMChandler Asset Management Page 24 146 of 379
Income Earned
As of December 31, 2021
City of National City
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
91282CAT8 US Treasury
Note
0.25% Due 10/31/2025
11/29/2021
11/30/2021
650,000.00
629,535.16
0.00 0.00
629,535.16
139.16
0.00 278.31
139.15
0.00 0.00
0.00 139.15
139.15
91282CAZ4 US Treasury
Note
0.375% Due 11/30/2025
Various
Various
800,000.00
780,535.15
0.00 0.00
780,535.15
8.24 0.00
263.74
255.50
0.00 0.00
0.00 255.50
255.50
91282CBA8 US Treasury
Note
0.125% Due 12/15/2023
12/28/2020
12/29/2020
700,000.00
698,824.22
0.00 0.00
698,824.22
404.03
437.50
40.87 74.34
0.00 0.00
0.00 74.34
74.34 91282CBE0 US Treasury
Note
0.125% Due 01/15/2024
01/28/2021
01/29/2021
550,000.00
548,990.23
0.00 0.00
548,990.23
259.68
0.00 317.60
57.92 0.00
0.00 0.00
57.92 57.92
91282CBV2 US Treasury
Note
0.375% Due 04/15/2024
04/29/2021
04/30/2021
650,000.00
650,583.98
0.00 0.00
650,583.98
314.73
0.00 522.32
207.59
0.00 0.00
0.00 207.59
207.59
91282CCG4 US Treasury
Note
0.25% Due 06/15/2024
06/24/2021
06/25/2021
300,000.00
298,160.16
0.00 0.00
298,160.16
346.31
375.00
35.03 63.72
0.00 0.00
0.00 63.72
63.72 91282CCT6 US Treasury
Note
0.375% Due 08/15/2024
12/15/2021
12/16/2021
800,000.00
0.00 789,000.00
0.00 789,000.00
0.00 (1,002.72)
1,133.15
130.43
0.00 0.00
0.00 130.43
130.43
91282CDG3 US Treasury
Note
1.125% Due 10/31/2026
11/18/2021
11/19/2021
1,000,000.00
995,507.81
0.00 0.00
995,507.81
963.40
0.00 1,926.80
963.40
0.00 0.00
0.00 963.40
963.40
91282CDH1 US Treasury
Note
0.75% Due 11/15/2024
11/29/2021
11/30/2021
650,000.00
648,324.22
0.00 0.00
648,324.22
215.47
0.00 632.94
417.47
0.00 0.00
0.00 417.47
417.47
Execution Time: 1/4/2022 4:15:48 PMChandler Asset Management Page 25 147 of 379
Income Earned
As of December 31, 2021
City of National City
CUSIP Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
91282CDK4 US Treasury
Note
1.25% Due 11/30/2026
12/22/2021
12/23/2021
1,000,000.00
0.00 1,001,601.56
0.00 1,001,601.56
0.00 (789.84)
1,098.90
309.06
0.00 0.00
0.00 309.06
309.06
91324PEC2 United Health Group Inc
Callable Note Cont 4/15/2026
1.15% Due 05/15/2026
11/24/2021
11/29/2021
500,000.00
490,095.00
0.00 0.00
490,095.00
255.56
0.00 734.72
479.16
0.00 0.00
0.00 479.16
479.16
931142ER0 Wal-Mart Stores
Callable Note Cont 08/17/2026
1.05% Due 09/17/2026
09/08/2021
09/17/2021
80,000.00
79,848.80
0.00 0.00
79,848.80
172.67
0.00 242.67
70.00 0.00
0.00 0.00
70.00 70.00
Total Fixed Income 36,891,260.22
36,662,215.95
2,921,741.99
2,428,971.75
37,154,986.19
122,681.25
48,055.47
115,120.33
40,494.55
0.00 0.00
0.00 40,494.55
40,494.55
CASH & EQUIVALENT
60934N807 Federated Investors
Govt Oblig Fund Inst.
Various
Various
36,609.01
418,680.74
107,658.75
489,730.48
36,609.01
0.00 14.70
0.00 14.70
0.00 0.00
0.00 14.70
14.70 Total Cash & Equivalent 36,609.01
418,680.74
107,658.75
489,730.48
36,609.01
0.00 14.70
0.00 14.70
0.00 0.00
0.00 14.70
14.70 TOTAL PORTFOLIO 36,927,869.23
37,080,896.69
3,029,400.74
2,918,702.23
37,191,595.20
122,681.25
48,070.17
115,120.33
40,509.25
0.00 0.00
0.00 40,509.25
40,509.25
Execution Time: 1/4/2022 4:15:48 PMChandler Asset Management Page 26 148 of 379
DEC
2021
149 of 379
PARTICIPANT CASH BALANCES
County of San Diego Pooled Money Fund
As of December 31, 2021
($000)
4 * Footnote: The Oracle ending balances for these pool participants are under $500. Due to rounding, the FMV will show as zero even though there is an Oracle balance.
FMV FMV FMV % of FMV FMV FMV % of
PARTICIPANT 10/31/21 11/30/21 12/31/21 Total PARTICIPANT 10/31/21 11/30/21 12/31/21 Total COUNTY 1,881,599 2,597,558 3,055,430 21.18% Leucadia Wastewater District 3,010 3,003 3,014 0.02% COUNTY - SPECIAL TRUST FUNDS 1,677,343 1,640,706 2,213,686 15.34% Lower Sweetwater FPD 466 487 617 0.00% NON-COUNTY INVESTMENT FUNDS 123,483 139,253 152,088 1.05% Metropolitan Transit System 43,746 51,075 45,425 0.31% SCHOOLS - (K THRU 12) 5,367,495 5,194,145 6,218,730 43.10% Mission Resource Conservation District 98 100 112 0.00% North County Transit District 43,088 42,999 43,149 0.30% COMMUNITY COLLEGES North County Cemetery District 8,130 8,108 8,177 0.06% San Diego 150,014 144,570 204,427 1.43% North County Dispatch 5,939 5,526 5,388 0.04% Grossmont-Cuyamaca 237,498 231,756 227,196 1.57% North County FPD 3,534 3,325 3,395 0.02% MiraCosta 292,895 288,281 315,536 2.19% Otay Water District 56,229 56,114 56,310 0.39% Palomar 219,737 218,549 240,797 1.67% Palomar Health Care District* 0 0 0 0.00% Southwestern 156,316 428,175 437,751 3.03% Pomerado Cemetery District 1,954 2,051 2,219 0.02% Total Community Colleges 1,056,460 1,311,331 1,425,706 9.88% Public Agencies Self-Insurance System 3,497 3,490 3,502 0.02% Ramona Cemetery District 1,107 1,093 1,138 0.01%
FIRST 5 COMMISSION 40,547 42,732 42,974 0.30% Rancho Santa Fe FPD 6,311 6,052 9,545 0.07% SANCAL 0 0 0 0.00% Resource Conservation District of Greater SD* 0 0 0 0.00% SDCERA 7,655 7,512 7,625 0.05% Rincon del Diablo Municipal Water District 6,826 6,812 6,836 0.05% SANDAG 200,804 185,916 172,698 1.20%
CITIES SD County Regional Airport Authority 340,448 341,560 546,337 3.79% Chula Vista 200,985 131,096 81,756 0.57% San Diego Housing Commission 22,134 22,088 22,165 0.15% Coronado 74,170 72,033 82,244 0.57% San Diego Geographic Information Source 658 802 670 0.00% Del Mar 2,770 2,764 2,774 0.02% San Diego Law Library 5,660 5,656 5,679 0.04% El Cajon 0 0 0 0.00% San Diego Local Agency Formation Comm 2,251 2,071 1,878 0.01% Encinitas 4,200 1,214 1,218 0.01% San Diego Regional Training Center 763 947 836 0.01% National City 36,334 36,259 36,386 0.25% San Dieguito River Park 1,278 1,145 1,118 0.01% Oceanside* 0 0 0 0.00% San Marcos FPD 1 1 1 0.00%
Solana Beach* 0 0 0 0.00% San Miguel Consolidated FPD 14,358 15,541 15,642 0.11% Santa Fe Irrigation District 4,506 4,497 4,513 0.03%
INDEPENDENT AGENCIES Serra Cooperative Library System 0 0 0 0.00% Air Pollution Control District 78,798 78,283 76,497 0.53% Upper San Luis Rey Resource Conserv Dist 80 80 83 0.00% Alpine FPD 985 988 2,048 0.01% Vallecitos Water District 5,535 5,523 5,543 0.04% Bonita-Sunnyside FPD 4,686 4,868 5,522 0.04% Valley Center FPD 1,110 1,069 1,413 0.01% Borrego Springs FPD 836 812 1,228 0.01% Valley Center Cemetery District 430 431 445 0.00% Canebrake County Water District 55 54 55 0.00% Valley Center Water District 23,283 21,510 24,930 0.17% Deer Springs FPD 12,961 13,268 14,434 0.10% Vista FPD 4,974 4,963 6,226 0.04% Fallbrook Public Utility District 0 0 0 0.00% Whispering Palms Community Services District* 0 0 0 0.00% Grossmont Healthcare District 2 2 2 0.00% Total Voluntary Participants 1,283,171 1,201,778 1,362,775 9.45% Julian-Cuyamaca FPD 521 520 521 0.00%
Lake Cuyamaca Rec & Park District 242 241 192 0.00% Pooled Money Fund Total $11,389,552 $12,084,771 $14,428,415 100.00%Lakeside FPD 5,214 5,095 8,292 0.06% 150 of 379
Good afternoon,
Below is the market price for December 2021.
Thank you,
Erin Lahti
Investment Analyst
San Diego County Treasurer-Tax Collector's Office
Phone: 619.531.5308|www.sdttc.com
151 of 379
Below is the market price for November 2021.
Thank you,
Erin Lahti
Investment Analyst
San Diego County Treasurer-Tax Collector's Office
Phone: 619.531.5308|www.sdttc.com
152 of 379
Below is the market price for October 2021.
Thank you,
Erin Lahti
Investment Analyst
San Diego County Treasurer-Tax Collector's Office
Phone: 619.531.5308|www.sdttc.com
153 of 379
1/3/22, 5:29 PM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
January 03, 2022
LAIF Home
PMIA Average Monthly
Yields
Tran Type Definitions
0.00 Beginning Balance: 12,500,852.69
0.00 Ending Balance: 12,500,852.69
CITY OF NATIONAL CITY
FINANCE DIRECTOR
1243 NATIONAL CITY BLVD
NATIONAL CITY , CA 91950-4397
December 2021 Statement
Account Summary
Total Deposit:
Total Withdrawal:
154 of 379
1/3/22, 5:28 PM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
January 03, 2022
LAIF Home
PMIA Average Monthly
Yields
Tran Type Definitions
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
11/12/2021 11/10/2021 RW 1690292 N/A RACHELLE BARRERA -2,500,000.00 11/17/2021 11/16/2021 RW 1690559 N/A RACHELLE BARRERA -2,000,000.00 Account Summary
Total Deposit: 0.00 Beginning Balance: 17,000,852.69
Total Withdrawal: -4,500,000.00 Ending Balance: 12,500,852.69
CITY OF NATIONAL CITY
FINANCE DIRECTOR
1243 NATIONAL CITY BLVD
NATIONAL CITY , CA 91950-4397
November 2021 Statement
155 of 379
11/22/21, 10:02 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
November 22, 2021
LAIF Home
PMIA Average Monthly
Yields
Tran Type Definitions
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
10/15/2021 10/14/2021 QRD 1688577 N/A SYSTEM 12,787.28
10/21/2021 10/20/2021 RW 1689157 N/A RACHELLE BARRERA -2,500,000.00 Account Summary
Total Deposit: 12,787.28 Beginning Balance: 19,488,065.41 Total Withdrawal: -2,500,000.00 Ending Balance: 17,000,852.69
CITY OF NATIONAL CITY
FINANCE DIRECTOR
1243 NATIONAL CITY BLVD
NATIONAL CITY , CA 91950-4397
October 2021 Statement
156 of 379
1/25/22, 4:02 PM Untitled Page
https://laif.sco.ca.gov/Result.aspx 1/1
BETTY T. YEE
California State Controller
LOCAL AGENCY INVESTMENT FUND
REMITTANCE ADVICE
NATIONAL CITYAgency Name
As of 01/14/2022, your Local Agency Investment Fund account has been directly credited with the interest earned on your deposits for the quarter ending 12/31/2021.
Earnings Ratio .00000625812849570
Interest Rate 0.23%
Dollar Day Total $ 1,398,899,425.56
Quarter End Principal Balance $ 12,500,852.69
Quarterly Interest Earned $ 8,754.49
157 of 379
Carrying Cost Plus
Description Accrued Interest Purch. Amortized Cost Fair Value Accr ued Interest United States Treasury:
Bills 43,569,286,927.30$ 43,578,148,587.65$ 43,566,910,500.00$ NA Notes 75,086,412,242.60$ 75,080,652,906.63$ 74,687,028,500.00$ 109,370,054.00$ Federal Agency:
SBA 350,740,581.41$ 350,740,581.41$ 351,306,665.72$ 148,390.75$
MBS-REMICs 6,715,516.12$ 6,715,516.12$ 6,985,051.69$ 30,724.20$ Debentures
10,439,956,592.62$ 10,439,204,370.45$ 10,416,451,600.00$ 9,420,765.50$ Debentures FR -$ -$
-$ -$
Debentures CL 800,000,000.00$ 800,000,000.00$ 790,694,000.00$ 762,194.00$
Discount Notes 19,162,958,897.16$ 19,165,010,905.46$ 19,157,738,000.00$ NA Supranational Debentures 2,219,658,716.35$ 2,218,983,369.12$ 2,204,343,500.00$ 6,007,849.50$
Supranational Debentures FR 50,000,000.00$ 50,000,000.00$ 50,001,500.00$ 5,495.49$ CDs
and YCDs FR -$ -$
-$ -$
Bank
Notes 50,000,000.00$ 50,000,000.00$ 49,999,510.67$ 29,305.56$ CDs
and YCDs 13,350,000,416.66$ 13,350,000,000.00$ 13,346,930,419.28$ 6,017,777.79$ Commercial Paper 11,491,501,972.14$ 11,495,349,152.68$ 11,494,513,733.35$ NA Corporate:
Bonds FR -$ -$
-$ -$
Bonds 310,090,245.37$ 309,862,368.98$ 307,103,440.00$ 1,913,014.98$
Repurchase Agreements -$ -$
-$ -$
Reverse
Repurchase -$ -$
-$ -$
Tim
e Deposits 3,807,500,000.00$ 3,807,500,000.00$
3,807,500,000.00$ NA
PMIA & GF Loans 743,769,000.00$ 743,769,000.00$ 743,769,000.00$ NA
TOTAL 181,438,591,107.73$ 181,445,936,758.50$ 180,981,275,420.71$ 133,705,571.77$ Fair Value Including Accrued Interest 181,114,980,992.48$ Repurchase Agreements, Time Deposits, PMIA & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost).
The
value of each participating dollar equals the fair value divided by the amortized cost (0.99743912).
As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its participation in the LAIF valued at $19,948,782.39 or $20,000,000.00 x 0.99743912.
State of California
Pooled Money Investment Account
Market Valuation
12/31/2021
158 of 379
1/25/22, 4:04 PM PMIA Average Monthly Effective Yields
https://www.treasurer.ca.gov/pmia-laif/historical/avg_mn_ylds.asp 1/2 Home ->> PMIA ->> PMIA Average Monthly Effective Yields PMIA Average Monthly Effective Yields
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
1977 5.770 5.660 5.660 5.650 5.760 5.850 5.930 6.050 6.090 6.090 6.610 6.730 1978 6.920 7.050 7.140 7.270 7.386 7.569 7.652 7.821 7.871 8.110 8.286 8.769 1979 8.777 8.904 8.820 9.082 9.046 9.224 9.202 9.528 9.259 9.814 10.223 10.218 1980 10.980 11.251 11.490 11.480 12.017 11.798 10.206 9.870 9.945 10.056 10.426 10.961 1981 10.987 11.686 11.130 11.475 12.179 11.442 12.346 12.844 12.059 12.397 11.887 11.484 1982 11.683 12.044 11.835 11.773 12.270 11.994 12.235 11.909 11.151 11.111 10.704 10.401 1983 10.251 9.887 9.688 9.868 9.527 9.600 9.879 10.076 10.202 10.182 10.164 10.227 1984 10.312 10.280 10.382 10.594 10.843 11.119 11.355 11.557 11.597 11.681 11.474 11.024 1985 10.579 10.289 10.118 10.025 10.180 9.743 9.656 9.417 9.572 9.482 9.488 9.371 1986 9.252 9.090 8.958 8.621 8.369 8.225 8.141 7.844 7.512 7.586 7.432 7.439 1987 7.365 7.157 7.205 7.044 7.294 7.289 7.464 7.562 7.712 7.825 8.121 8.071 1988 8.078 8.050 7.945 7.940 7.815 7.929 8.089 8.245 8.341 8.397 8.467 8.563 1989 8.698 8.770 8.870 8.992 9.227 9.204 9.056 8.833 8.801 8.771 8.685 8.645 1990 8.571 8.538 8.506 8.497 8.531 8.538 8.517 8.382 8.333 8.321 8.269 8.279 1991 8.164 8.002 7.775 7.666 7.374 7.169 7.098 7.072 6.859 6.719 6.591 6.318 1992 6.122 5.863 5.680 5.692 5.379 5.323 5.235 4.958 4.760 4.730 4.659 4.647 1993 4.678 4.649 4.624 4.605 4.427 4.554 4.438 4.472 4.430 4.380 4.365 4.384 1994 4.359 4.176 4.248 4.333 4.434 4.623 4.823 4.989 5.106 5.243 5.380 5.528 1995 5.612 5.779 5.934 5.960 6.008 5.997 5.972 5.910 5.832 5.784 5.805 5.748 1996 5.698 5.643 5.557 5.538 5.502 5.548 5.587 5.566 5.601 5.601 5.599 5.574 1997 5.583 5.575 5.580 5.612 5.634 5.667 5.679 5.690 5.707 5.705 5.715 5.744 1998 5.742 5.720 5.680 5.672 5.673 5.671 5.652 5.652 5.639 5.557 5.492 5.374 1999 5.265 5.210 5.136 5.119 5.086 5.095 5.178 5.225 5.274 5.391 5.484 5.639 2000 5.760 5.824 5.851 6.014 6.190 6.349 6.443 6.505 6.502 6.517 6.538 6.535 2001 6.372 6.169 5.976 5.760 5.328 4.958 4.635 4.502 4.288 3.785 3.526 3.261 2002 3.068 2.967 2.861 2.845 2.740 2.687 2.714 2.594 2.604 2.487 2.301 2.201 2003 2.103 1.945 1.904 1.858 1.769 1.697 1.653 1.632 1.635 1.596 1.572 1.545 2004 1.528 1.440 1.474 1.445 1.426 1.469 1.604 1.672 1.771 1.890 2.003 2.134 2005 2.264 2.368 2.542 2.724 2.856 2.967 3.083 3.179 3.324 3.458 3.636 3.808 2006 3.955 4.043 4.142 4.305 4.563 4.700 4.849 4.946 5.023 5.098 5.125 5.129 2007 5.156 5.181 5.214 5.222 5.248 5.250 5.255 5.253 5.231 5.137 4.962 4.801 2008 4.620 4.161 3.777 3.400 3.072 2.894 2.787 2.779 2.774 2.709 2.568 2.353 2009 2.046 1.869 1.822 1.607 1.530 1.377 1.035 0.925 0.750 0.646 0.611 0.569 2010 0.558 0.577 0.547 0.588 0.560 0.528 0.531 0.513 0.500 0.480 0.454 0.462 2011 0.538 0.512 0.500 0.588 0.413 0.448 0.381 0.408 0.378 0.385 0.401 0.382 2012 0.385 0.389 0.383 0.367 0.363 0.358 0.363 0.377 0.348 0.340 0.324 0.326 2013 0.300 0.286 0.285 0.264 0.245 0.244 0.267 0.271 0.257 0.266 0.263 0.264 2014 0.244 0.236 0.236 0.233 0.228 0.228 0.244 0.260 0.246 0.261 0.261 0.267 2015 0.262 0.266 0.278 0.283 0.290 0.299 0.320 0.330 0.337 0.357 0.374 0.400 2016 0.446 0.467 0.506 0.525 0.552 0.576 0.588 0.614 0.634 0.654 0.678 0.719 2017 0.751 0.777 0.821 0.884 0.925 0.978 1.051 1.084 1.111 1.143 1.172 1.239 2018 1.350 1.412 1.524 1.661 1.755 1.854 1.944 1.998 2.063 2.144 2.208 2.291 2019 2.355 2.392 2.436 2.445 2.449 2.428 2.379 2.341 2.280 2.190 2.103 2.043 2020 1.967 1.912 1.787 1.648 1.363 1.217 0.920 0.784 0.685 0.620 0.576 0.540 Home | Open Government | Careers | Contact | Calendar Home PMIA Home Contacts Time Deposits LAIF
Search
159 of 379
1/25/22, 4:04 PM PMIA Average Monthly Effective Yields
https://www.treasurer.ca.gov/pmia-laif/historical/avg_mn_ylds.asp 2/2 Home | Comments | Disclosure Notice | Privacy Notice | Accessibility Statement | Unclaimed Property | Site Map | Download Adobe Reader © 2022 California State Treasurer's Office
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
2021 0.458 0.407 0.357 0.339 0.315 0.262 0.221 0.221 0.206 0.203 0.203 0.212 160 of 379
The following page(s) contain the backup material for Agenda Item: Warrant Register #30 for the period of 1/21/22 through 1/27/22 in the amount of $1,690,448.38. (Finance) Please scroll down to view the backup material.
161 of 379
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
ITEM TITLE:
DEPARTMENT:
PHONE:
EXPLANATION: APPROVED BY:
AGENDA ITEM NO.: MEETING DATE:
ENVIRONMENTAL REVIEW:
FINANCIAL STATEMENT: APPROVED: FINANCE
ORDINANCE: INTRODUCTION
ACCOUNT NO.
STAFF RECOMMENDATION:
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
FINAL ADOPTION
APPROVED: MIS
PREPARED BY:
Warrant Register # 30
Ratify Warrants Totaling $1,690,448.38
This is not a project and, therefore, not subject to environmental review.
Warrant total $1,690,448.38.
Per Government Section Code 37208, below are the payments issued for period 1/21/22 - 1/27/22.
Consistent with Department of Finance’s practice, listed below are all payments above $50,000.
Vendor Check/Wire Amount Explanation
City of San Diego 356356 105,001.00 Fire and Emergency Medical Dispatch Dell Marketing LP 356365 94,494.14 Dell Poweredge PD Project Health Net Inc 356378 84,169.07 Grp #R1192A – February 2022
619-336-4572 FinanceKarla Apalategui, Senior Accounting Assistant Warrant Register #30 for the period of 1/21/22 through 1/27/22 in the amount of $1,690,448.38. (Finance)
March 1, 2022
162 of 379
PAYEE DESCRIPTION CHK NO DATE AMOUNT
ELIZABETH S HAMMER CONSULTING SERVICES / PD 356341 1/25/22 960.00 LIEBERT CASSIDY WHITMORE PERSONNEL SERVICES / HR 356342 1/25/22 2 5,956.60 SORINA VAZQUEZ LOPEZ HOUSING RELOCATION / NSD 356343 1/25/22 3,000 .00 24 HOUR ELEVATOR INC CITY WIDE ELEVATOR SERVICE AND REPAIRS 35634 4 1/27/22 8,898.90 ACE UNIFORMS & ACCESSORIES INC FP62MN CORRECT MN NAVY PANTS FY22 / FIRE 356345 1/27/22 6,230.22 ADMINSURE INC WORKERS' COMP MONTHLY SERVICES 356346 1/27/22 8,109. 00 ALDEMCO FOOD AS NEEDED FOR NUTRITION CENTER FY 356347 1/27/22 2,64 8.11 ALL FRESH PRODUCTS FOR FOOD AS NEEDED FOR NUTRITION CENTER 356348 1/27/22 79.98 ASSI SECURITY INC INVOICE ASSI WIRELESS ACCESS POINT 356349 1/27/ 22 3,270.00 AT&T AT&T SBC ANNUAL PHONE SERVICE FOR FY22 356350 1/27/22 14,747. 34 AT&T AT&T SBC ANNUAL PHONE SERVICE FOR FY22 356351 1/27/22 81.18 BIDDLE CONSULTING GROUP INC CRITICALL ELITE ANNUAL ONLINE SOFTWA RE 356352 1/27/22 2,995.00 BOOT WORLD MOP 64096 BOOTS / NSD 356353 1/27/22 125.00 BURKE WILLIAMS & SORENSEN LLP LEGAL SERVICES RENDERED 356354 1/2 7/22 927.50 CANON SOLUTIONS AMERICA INC. MAINTENANCE SERVICE PERIOD 1/1/2022 -1/31 356355 1/27/22 10.15 CITY OF SAN DIEGO FIRE AND EMERGENCY MEDICAL DISPATCH 356356 1/27 /22 105,001.00 CODDINGTON LOCK AND SECURITY CITYWIDE ON-SITE ELECTRONIC DOOR RE PAIR 356357 1/27/22 1,561.91 COPWARE INC COPWARE - SITE LIC 76-100 SWORN OFFICERS 356358 1/27/ 22 2,200.00 COX COMMUNICATIONS COX DATA VIDEO SERVICES FOR FY22 356359 1/27/2 2 2,250.35 COX COMMUNICATIONS COX DATA VIDEO SERVICES FOR FY22 356360 1/27/2 2 710.74 CSMFO ATTENDANCE TO UPCOMING CSMFO IN FEB 2022 356361 1/27/22 760. 00 CYRACOM INTERNATIONAL, INC (OPI) OVER THE PHONE INTERPRETATION 35 6362 1/27/22 27.30 DAY WIRELESS SYSTEMS RECURRING QRTLY MAINTENANCE BILLING 356363 1 /27/22 2,997.00 DE LAGE LANDEN LEASE 20 SHARP COPIERS FOR FY21. 356364 1/27/22 5,8 79.26 DELL MARKETING L P DELL POWEREDGE R940 PD PROJECT 356365 1/27/22 9 4,494.14 DEPARTMENT OF JUSTICE NEW EMPLOYEE FINGERPRINT TEST RESULTS 3563 66 1/27/22 128.00 DIAZ EDUCATION REIMBURSEMENT 356367 1/27/22 500.00
ERGOGENESIS LLC ERGONOMIC CHAIR, G3: COMFORTEK - 356368 1/27/22 8, 998.16 FACTORY MOTOR PARTS MOP 82766 AUTO SUPPLIES - PW 356369 1/27/22 76 .83 FALSD FILIPINO AMERICAN LAWYERS MEMBERSHIP 356370 1/27/22 50.00 FON JON PET CARE CENTER K9 BATH FEES AND KENNEL 356371 1/27/22 317 .40 GIL PD REIM SAL GIL 356372 1/27/22 38.98
GRAINGER MOP 65179 GENERAL SUPPLIES - PW 356373 1/27/22 1,761.85 HEALTH NET GRP #N7176A - FEBRUARY 2022 356374 1/27/22 1,884.24 HEALTH NET GRP #N7716F - FEBRUARY 2022 356375 1/27/22 1,646.41 HEALTH NET GRP #N7177A - FEBRUARY 2022 356376 1/27/22 1,277.44 HEALTH NET GRP #R1192R - FEBRUARY 2022 356377 1/27/22 857.33 HEALTH NET INC GRP #R1192A - FEBRUARY 2022 356378 1/27/22 84,169.0 7 HEALTH NET INC GRP #57135A - FEBRUARY 2022 356379 1/27/22 5,158.85 HEALTH NET INC GRP #LB439A - FEBRUARY 2022 356380 1/27/22 2,543.96 HEALTH NET INC GRP #LB439F - FEBRUARY 2022 356381 1/27/22 735.61 IDEMIA IDENTITY & SECURITY USA NEW EMPLOYEE FINGERPRINT TEST SUB MISSION 356382 1/27/22 8.00 INDUSTRIAL SAFETY LLC MSA 10046570 CARBON CANISTER 356383 1/27/ 22 2,820.98 JONES FLOATING HOURS REIMBURSEMENT 356384 1/27/22 377.76 KNOX SERVICES ATTORNEY SERVICE FEES 356385 1/27/22 115.75 LAFRENIERE EDUCATION REIMBURSEMENT 356386 1/27/22 460.00 LASER SAVER INC MLK CARTRIDGE REPLACEMNET 356387 1/27/22 788.06 LIEBERT CASSIDY WHITMORE PUBLIC RECORDS ACT TRAINING FROM LCW 35 6388 1/27/22 1,840.00 WARRANT REGISTER # 30
1/27/2022
1/3
163 of 379
PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 30
1/27/2022
MCALISTER INSTITUTE HOMELESS CASE MANAGEMENT SERVICES 356389 1/2 7/22 15,692.69 METEAU JR CALPELRA ANNUAL CONFERENCE 2021 - NOV 356390 1/27/22 1,2 52.46 MEYERS, NAVE, RIBACK, SILVER SVCS / COMMERCIAL CANNABIS PROGRAM 3 56391 1/27/22 3,180.00 MTS MTS GRAFFITI REMOVAL FLAGGERS FY 356392 1/27/22 44.34 NATIONAL CITY ELECTRIC CITYWIDE ON-SITE ELECTRICAL 356393 1/27/22 4,010.00 NEOGOV NEOGOV SUBSCRIPTION FEE RENEWAL 356394 1/27/22 12,401.32 OFFICE SOLUTIONS BUSINESS MOP# 83778 - FIRE ADMIN OFFICE SUPPLIE S 356395 1/27/22 34.35 O'REILLY AUTO PARTS MOP 75877 EQM SUPPLIES - PW 356396 1/27/22 126 .15 PACIFIC REFRIGERATION INC REPAIR SERVICES / NUTRITION 356397 1/27 /22 988.30 PADRE JANITORIAL SUPPLIES FOR CONSUMABLES AS NEEDED FOR NUTRITIO N 356398 1/27/22 217.39 PENSKE FORD R&M CITY VEHICLES FY 2022 356399 1/27/22 227.84 PLANETBIDS INC PLANETBIDS ANNUAL RENEWAL 356400 1/27/22 4,492.19 POLICE AND FIRE PSYCHOLOGY PRE-EMPLOYMENT PSYCHOLOGICAL EVALUATI ONS 356401 1/27/22 1,400.00 POWERSTRIDE BATTERY CO INC MOP 67839 AUTO SUPPLIES - PW 356402 1/ 27/22 289.19 PRO BUILD COMPANY MOP #45707 MATERIALS & SUPPLIES 356403 1/27/22 1 ,178.33 PROFESSIONAL SEARCH GROUP LLC TEMP SVCS/ACCOUNTING/SEAN TAMZOKE 356404 1/27/22 8,685.78 PRUDENTIAL OVERALL SUPPLY MOP NUTRITION CENTER AND LAUNDRY SERVI CE 356405 1/27/22 1,096.00 S D COUNTY VECTOR CNTRL PROGRM MOSQUITO AND VECTOR DISEASE CONTR OL 356406 1/27/22 854.56 SAN DIEGO GAS & ELECTRIC FOR SAN DIEGO GAS & ELECTRIC UTILITIES 3 56407 1/27/22 2,480.21 SAN DIEGO MECHANICAL ENERGY REPAIRS TO HVAC SYSTEMS AND OTHER 356 408 1/27/22 619.00 SBCS CORPORATION CARES ACT CDBG-CV AGREEMENT 356409 1/27/22 5,155 .00 SDG&E GAS AND ELECTRIC UTILITIES FOR STREETS 356410 1/27/22 4,005. 94 SHARP ELECTRONICS CORPORATION MAINTENANCE 20 SHARP COPIERS FOR F Y22 356411 1/27/22 2,672.41 SHRED IT USA SHREDDING SVCS FOR DECEMBER 6, 2021 356412 1/27/22 11 5.21 SMART & FINAL CASA DE SALUD CDBG TEEN SNACKS 356414 1/27/22 320.68 SMART SOURCE OF CALIFORNIA LLC MOP 63845 PRINT BUSINESS CARDS - CAO 356415 1/27/22 153.93 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES - PW 356416 1/27/22 1,723.02 STAPLES BUSINESS ADVANTAGE MOP #45704/OFFICE SUPPLIES/HR 356417 1 /27/22 40.56 SULLIVAN TRAINING REIM LA 3 SULL 356418 1/27/22 291.25 SWAGIT PRODUCTION LLC SWAGIT WEBCAST FY22 356419 1/27/22 1,920.83 SWEETWATER AUTHORITY WATER BILL FOR FACILITIES FY 2022 356420 1/2 7/22 34,867.39 SYSCO SAN DIEGO INC FOR FOOD AS NEEDED FOR NUTRITION CENTER 35642 1 1/27/22 3,553.23 T MAN TRAFFIC SUPPLY MOP 76666 TRAFFIC SUPPLIES - PW 356422 1/27/ 22 492.62 TECHNOLOGY INTEGRATION GROUP MISC MIS EQUIP FOR FY22 356423 1/27/ 22 1,932.39 TELECOM LAW FIRM P C LEGAL SERVICES RIGHT OF WAY USE 356424 1/27 /22 120.00 THE BANK OF NEW YORK MELLON CUSTODIAN FEE: PERIOD 10/1/2021 TO 1 2/31/21 356425 1/27/22 300.00 THE COUNSELING TEAM EMPLOYEE SUPPORT SERVICES FOR SEPTEMBER 35642 6 1/27/22 1,600.00 THE LINCOLN NATIONAL LIFE INS GRP #415491 - FEBRUARY 2022 356427 1/27/22 9,438.39 THE SHERWIN WILLIAMS CO MOP 77816 PAINT SUPPLIES / NSD 356428 1/2 7/22 146.78 U S BANK TRENDMICRO ANTIVIRUS 356429 1/27/22 9,071.29
ULINE RFQ #1147 LAB SUPPLIES FOR PD 356430 1/27/22 1,975.24 UNGAB RETIREE HEALTH BENEFITS - FEBRUARY 356431 1/27/22 600.00 VERIZON WIRELESS VERIZON CELLULAR SERVICES FOR FY22 356432 1/27/2 2 10,018.90 VISTA PAINT MOP 68834 TRAFFIC PAINT - PW 356433 1/27/22 1,142.42 WAXIE SANITARY SUPPLY MISCELLANEOUS JANITORIAL SUPPLIES 356434 1/ 27/22 3,007.53 WEST PAYMENT CENTER WEST INVESTIGATIVE SERVICES FOR FY22. 356435 1/27/22 1,266.44 WILLY'S ELECTRONIC SUPPLY MOP 45763 ELECTRONIC SUPPLIES MIS 35643 6 1/27/22 147.14 2/3
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 30
1/27/2022
A/P Total 565,824.05
PAYROLL
Pay period Start Date End Date Check Date
1 12/28/2021 1/10/2022 1/19/2022 1,124,624.33
GRAND TOTAL 1,690,448.38 $
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The following page(s) contain the backup material for Agenda Item: Warrant Register #31 for the period of 1/28/22 through 2/03/22 in the amount of $2,243,366.83. (Finance) Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
ITEM TITLE:
DEPARTMENT:
PHONE:
EXPLANATION: APPROVED BY:
AGENDA ITEM NO.: MEETING DATE:
ENVIRONMENTAL REVIEW:
FINANCIAL STATEMENT: APPROVED: FINANCE
ORDINANCE: INTRODUCTION
ACCOUNT NO.
STAFF RECOMMENDATION:
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
FINAL ADOPTION
APPROVED: MIS
PREPARED BY:
Warrant Register # 31
Ratify Warrants Totaling $2,243,366.83.
This is not a project and, therefore, not subject to environmental review.
Warrant total $2,243,366.83..
Per Government Section Code 37208, below are the payments issued for period 1/28/22 - 2/03/22.
Consistent with Department of Finance’s practice, listed below are all payments above $50,000.
Vendor Check/Wire Amount Explanation Blue Pacific Eng 356523 96,374.65 CIP 19-45 Civic Center Accessibility Project Chen Ryan Assoc 356525 66, 652.50 Bayshore Bikeway Segme nt 5 – Eng/PW Innovative Construction 356549 127,109.75 CIP 22-01 Las Palmas Pool – Eng/PW SDG&E 356572 100,992.76 Gas & Electric for Facilities f or FY22 WSP USA INC 356593 56,521.67 WSP Focused General Plan Up date The Bank of NY Mellon 168555 424, 171.10 2017A TARB 2/1/22 Paym ent
619-336-4572 FinanceKarla Apalategui, Senior Accounting Assistant Warrant Register #31 for the period of 1/28/22 through 2/03/22 in the amount of $2,243,366.83. (Finance)
March 1, 2022
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
ANDERSON RETIREE HEALTH BENEFITS - FEB 2022 356438 2/3/22 110.00 BEARD RETIREE HEALTH BENEFITS - FEB 2022 356439 2/3/22 70.00 BECK RETIREE HEALTH BENEFITS - FEB 2022 356440 2/3/22 140.00 BEVERIDGE RETIREE HEALTH BENEFITS - FEB 2022 356441 2/3/22 640.00 BISHOP RETIREE HEALTH BENEFITS - FEB 2022 356442 2/3/22 110.00 BOEGLER RETIREE HEALTH BENEFITS - FEB 2022 356443 2/3/22 260.00 BULL RETIREE HEALTH BENEFITS - FEB 2022 356444 2/3/22 580.00 CAMEON RETIREE HEALTH BENEFITS - FEB 2022 356445 2/3/22 400.00 CANEDO RETIREE HEALTH BENEFITS - FEB 2022 356446 2/3/22 620.00 CARRILLO RETIREE HEALTH BENEFITS - FEB 2022 356447 2/3/22 290.00 COLE RETIREE HEALTH BENEFITS - FEB 2022 356448 2/3/22 165.00 COLLINSON RETIREE HEALTH BENEFITS - FEB 2022 356449 2/3/22 420.00 CONDON RETIREE HEALTH BENEFITS - FEB 2022 356450 2/3/22 280.00 CORDERO RETIREE HEALTH BENEFITS - FEB 2022 356451 2/3/22 520.00 DALLA RETIREE HEALTH BENEFITS - FEB 2022 356452 2/3/22 900.00 DANESHFAR RETIREE HEALTH BENEFITS - FEB 2022 356453 2/3/22 250.00 DEESE RETIREE HEALTH BENEFITS - FEB 2022 356454 2/3/22 660.00 DESROCHERS RETIREE HEALTH BENEFITS - FEB 2022 356455 2/3/22 110.00 DIAZ RETIREE HEALTH BENEFITS - FEB 2022 356456 2/3/22 680.00 DILLARD RETIREE HEALTH BENEFITS - FEB 2022 356457 2/3/22 480.00 DREDGE RETIREE HEALTH BENEFITS - FEB 2022 356458 2/3/22 250.00 DUONG RETIREE HEALTH BENEFITS - FEB 2022 356459 2/3/22 280.00 EISER III RETIREE HEALTH BENEFITS - FEB 2022 356460 2/3/22 250.00 ESPIRITU RETIREE HEALTH BENEFITS - FEB 2022 356461 2/3/22 620.00 ETZLER RETIREE HEALTH BENEFITS - FEB 2022 356462 2/3/22 460.00 FABINSKI RETIREE HEALTH BENEFITS - FEB 2022 356463 2/3/22 220.00 FERNANDEZ RETIREE HEALTH BENEFITS - FEB 2022 356464 2/3/22 270.00 FIFIELD RETIREE HEALTH BENEFITS - FEB 2022 356465 2/3/22 540.00 GAUT RETIREE HEALTH BENEFITS - FEB 2022 356466 2/3/22 700.00 GELSKEY RETIREE HEALTH BENEFITS - FEB 2022 356467 2/3/22 115.00 GIBBS JR RETIREE HEALTH BENEFITS - FEB 2022 356468 2/3/22 120.00 GONZALES RETIREE HEALTH BENEFITS - FEB 2022 356469 2/3/22 480.00 HANSON RETIREE HEALTH BENEFITS - FEB 2022 356470 2/3/22 135.00 HARLAN RETIREE HEALTH BENEFITS - FEB 2022 356471 2/3/22 500.00 HERNANDEZ RETIREE HEALTH BENEFITS - FEB 2022 356472 2/3/22 500.00 HERNANDEZ RETIREE HEALTH BENEFITS - FEB 2022 356473 2/3/22 600.00 HERNANDEZ RETIREE HEALTH BENEFITS - FEB 2022 356474 2/3/22 400.00 HODGES RETIREE HEALTH BENEFITS - FEB 2022 356475 2/3/22 200.00 IBARRA RETIREE HEALTH BENEFITS - FEB 2022 356476 2/3/22 780.00 JONES RETIREE HEALTH BENEFITS - FEB 2022 356477 2/3/22 60.00 JONES RETIREE HEALTH BENEFITS - FEB 2022 356478 2/3/22 480.00 JUNIEL RETIREE HEALTH BENEFITS - FEB 2022 356479 2/3/22 50.00 KIMBLE RETIREE HEALTH BENEFITS - FEB 2022 356480 2/3/22 300.00 KLOS RETIREE HEALTH BENEFITS - FEB 2022 356481 2/3/22 480.00 LAFRENIERE RETIREE HEALTH BENEFITS - FEB 2022 356482 2/3/22 660.00 LEACH RETIREE HEALTH BENEFITS - FEB 2022 356483 2/3/22 600.00 LIMFUECO RETIREE HEALTH BENEFITS - FEB 2022 356484 2/3/22 160.00 MATIENZO RETIREE HEALTH BENEFITS - FEB 2022 356485 2/3/22 100.00 WARRANT REGISTER # 31
2/3/2022
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 31
2/3/2022
MCCABE RETIREE HEALTH BENEFITS - FEB 2022 356486 2/3/22 280.00 MCDANIEL RETIREE HEALTH BENEFITS - FEB 2022 356487 2/3/22 290.00 MEDINA RETIREE HEALTH BENEFITS - FEB 2022 356488 2/3/22 105.00 MEEKS RETIREE HEALTH BENEFITS - FEB 2022 356489 2/3/22 460.00 MENDOZA RETIREE HEALTH BENEFITS - FEB 2022 356490 2/3/22 290.00 MINER RETIREE HEALTH BENEFITS - FEB 2022 356491 2/3/22 580.00 MORRISON RETIREE HEALTH BENEFITS - FEB 2022 356492 2/3/22 520.00 NAGLE RETIREE HEALTH BENEFITS - FEB 2022 356493 2/3/22 460.00 NOTEWARE RETIREE HEALTH BENEFITS - FEB 2022 356494 2/3/22 120.00 OLIVERIA RETIREE HEALTH BENEFITS - FEB 2022 356495 2/3/22 360.00 PAUU JR RETIREE HEALTH BENEFITS - FEB 2022 356496 2/3/22 340.00 PE RETIREE HEALTH BENEFITS - FEB 2022 356497 2/3/22 300.00 PEASE JR RETIREE HEALTH BENEFITS - FEB 2022 356498 2/3/22 140.00 PETERS RETIREE HEALTH BENEFITS - FEB 2022 356499 2/3/22 290.00 POST RETIREE HEALTH BENEFITS - FEB 2022 356500 2/3/22 280.00 RAY RETIREE HEALTH BENEFITS - FEB 2022 356501 2/3/22 190.00 ROARK RETIREE HEALTH BENEFITS - FEB 2022 356502 2/3/22 135.00 RODRIGUEZ RETIREE HEALTH BENEFITS - FEB 2022 356503 2/3/22 260.00 RUIZ RETIREE HEALTH BENEFITS - FEB 2022 356504 2/3/22 310.00 SAINZ RETIREE HEALTH BENEFITS - FEB 2022 356505 2/3/22 300.00 SANCHEZ RETIREE HEALTH BENEFITS - FEB 2022 356506 2/3/22 330.00 SERVATIUS RETIREE HEALTH BENEFITS - FEB 2022 356507 2/3/22 340.00 SHOEMAKER RETIREE HEALTH BENEFITS - FEB 2022 356508 2/3/22 480.00 SILVA RETIREE HEALTH BENEFITS - FEB 2022 356509 2/3/22 580.00 SMITH RETIREE HEALTH BENEFITS - FEB 2022 356510 2/3/22 320.00 SMITH RETIREE HEALTH BENEFITS - FEB 2022 356511 2/3/22 560.00 STEWART RETIREE HEALTH BENEFITS - FEB 2022 356512 2/3/22 200.00 TIPTON RETIREE HEALTH BENEFITS - FEB 2022 356513 2/3/22 250.00 VERRY RETIREE HEALTH BENEFITS - FEB 2022 356514 2/3/22 280.00 VILLAGOMEZ RETIREE HEALTH BENEFITS - FEB 2022 356515 2/3/22 480.00 VILLARIASA RETIREE HEALTH BENEFITS - FEB 2022 356516 2/3/22 480.00 WHITE RETIREE HEALTH BENEFITS - FEB 2022 356517 2/3/22 230.00 WILKINS RETIREE HEALTH BENEFITS - FEB 2022 356518 2/3/22 520.00 YBARRA RETIREE HEALTH BENEFITS - FEB 2022 356519 2/3/22 220.00 HEALTH BENEFIT TOTAL: 29,275.00
ALDEMCO FOOD AS NEEDED FOR NUTRITION CENTER FY 356520 2/3/22 1,041 .77 ALL FRESH PRODUCTS FOR FOOD AS NEEDED FOR NUTRITION CENTER 356521 2/3/22 1,142.69 ATLAS TECHNICAL CONSULTANTS, CIVIC CENTER ADA IMPROVEMENTS PROJE CT 356522 2/3/22 5,820.75 BLUE PACIFIC ENGINEERING CIP 19-45 CIVIC CENTER ACCESSIBILITY PR OJECT 356523 2/3/22 96,374.65 CARLOMAGNO TRAINING ADV SUB K9 CASE LAW 356524 2/3/22 190.74 CHEN RYAN ASSOCIATES INC BAYSHORE BIKEWAY SEGMENT 5 - ENG/PW 3565 25 2/3/22 66,652.50 CLAIMS MANAGEMENT ASSOCIATES PROFESSONAL SERVICES 356526 2/3/22 7, 200.00 CLAIMS MANAGEMENT ASSOCIATES PROFESSIONAL SERVICES 356527 2/3/22 4 ,400.00 COMMERCIAL AQUATIC SERVICE INC MUNICIPAL POOL SUPPLIES, PARTS 356 528 2/3/22 1,073.03 CROSSEN-FOWLER RET PAYING AN OVERAGE OF $22.68/MONTH - 356529 2/3 /22 158.76 CRUZ TRAINING ADV SUB DEF TAC INSTRCT 356530 2/3/22 1,244.11 DANIELS TIRE SERVICE TIRES FOR CITY FLEET FOR FY 2022~ 356531 2/3 /22 3,852.79 DAY WIRELESS SYSTEMS (20) COMM EQIPMNT MNTNCE SVC, FY22/FIRE 3565 32 2/3/22 328.00 2/4
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 31
2/3/2022
DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 356533 2/3/22 10,14 2.25 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 356534 2/3/22 6,020 .22 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 356535 2/3/22 4,142 .00 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 356536 2/3/22 3,052 .00 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 356537 2/3/22 1,765 .50 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 356538 2/3/22 1,523 .80 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 356539 2/3/22 1,434 .60 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 356540 2/3/22 580.0 0 EXPRESS PIPE AND SUPPLY CITYWIDE PLUMBING PARTS, MATERIALS TOOL 3 56541 2/3/22 111.08 FIRE ETC FIRE SAFETY STATION BOOTS/FOOTWEAR 356542 2/3/22 2,098.88 FORCE SCIENCE INSTITUTE LTD TRAINING TUTION FOCE SCIEN 356543 2/3 /22 1,650.00 GEOSYNTEC CONSULTANTS INC PROFESSIONAL SERVICES CNC ACM AND LBP 3 56544 2/3/22 8,759.50 GRAINGER BUILDING SUPPLIES AND EQUIPMENT FY 22 356545 2/3/22 2,410 .36 HDR ENGINEERING, INC. PARADISE CREEK KIMBALL ADDITIONAL PERMIT 35 6546 2/3/22 30,690.00 HERNANDEZ TRAINING ADV LODG 45TRNIN SYMP 356547 2/3/22 925.14 HOME DEPOT CREDIT SERVICES GENERAL SUPPLIES AS NEEDED FOR BUILDI NG 356548 2/3/22 609.87 INNOVATIVE CONSTRUCTION CIP 22-01 LAS PALMAS POOL - ENG/PW 356549 2/3/22 127,109.75 IRISH CONGRESS OF SOUTHERN TRAINING/PD 356550 2/3/22 50.00 JENSEN MILEAGE REIMB. FOR MERVIN JENSEN 356551 2/3/22 8.53 KIMLEY HORN NTP FOR THE EVALUATION OF AFFORDABLE 356552 2/3/22 15 ,091.00 KIMLEY HORN AND CENTRAL COMMUNITY MOBILITY - ENG/PW 356553 2/3/22 16,538.98 LASER SAVER INC CASA DE SALUD INK REPLACEMENT 356554 2/3/22 402.5 1 MAINTEX INC CITYWIDE JANITORIAL SUPPLIES, PARTS 356555 2/3/22 770. 04 MARIOTA TRAINING ADV LDG FTO 356556 2/3/22 681.38
NATIONAL CITY CAR WASH CARWASH SERVICES FOR FLEET FY 2022 356557 2/3/22 360.00 NAVRAI INC DBA STARDUST INN STARDUST INN HOTEL ROOMS / HOUSING 35 6558 2/3/22 3,982.28 NV5 INC NATIONAL CITY GIS WEBSERVER - ENG/PW 356559 2/3/22 515.00 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES - PW 356560 2/3/22 282 .51 PALMA TRAINING ADV SUB DEF TACT INSTR 356561 2/3/22 1,244.11 PARTS AUTHORITY METRO LLC MOP 75943 AUTO SUPPLIES - PW 356562 2/3 /22 192.32 PECK TRAINING ADV SUB FTO 356563 2/3/22 681.38
PENSKE FORD R&M CITY VEHICLES FY 2022 356564 2/3/22 243.15 POWERSTRIDE BATTERY CO INC MOP 67839 AUTO SUPPLIES - PW 356565 2/ 3/22 58.18 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES - PW 356566 2/3/22 1, 059.78 PROFESSIONAL SEARCH GROUP LLC NUTRITION CENTER TEMPORARY PLACEME NT -CA 356567 2/3/22 660.00 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES - PW 356568 2/3/22 964.52 RANDALL LAMB ASSOCIATES INC CIP 19-42 NCPD STANDBY POWER CONVERS ION 356569 2/3/22 2,980.00 RELY ENVIRONMENTAL ENVIRONMENTAL SERVICES HAZ WASTE SVCS- ENG 356 570 2/3/22 2,469.75 SCI CONSULTING GROUP COST RECOVERY ANALYSIS. APPLICATION PROC 356 571 2/3/22 10,440.00 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY22 356572 2/3/22 100,9 92.76 SEAPORT MEAT COMPANY FOR FOOD AS NEEDED FOR NUTRITION CENTER 3565 73 2/3/22 877.20 SESAC INC MUSIC PERFORMANCE LICENSE JANUARY 1- DEC 356574 2/3/22 1 ,669.00 SILYNX COMMUNICATIONS, MICHS0004-02, CLARUS MICRO BOOM MIC, 35657 5 2/3/22 3,013.50 SMART & FINAL MOP 45756 - SUPPLIES, FIRE STATION 356576 2/3/22 285 .57 SOUTHWEST SIGNAL SERVICE STREET LIGHTNING SERVICES / PW 356577 2/ 3/22 27,308.99 SPRINGER TRAINING REIM SLI 7 SPRINGER 356578 2/3/22 188.90 STAPLES BUSINESS ADVANTAGE MLK OFFICE SUPPLIES 356579 2/3/22 173.9 8 STC TRAFFIC HSIP9 CITYWIDE PROT LEFT TURN ENHANCE- ENG 356580 2/3 /22 22,815.24 3/4
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 31
2/3/2022
SWEETWATER AUTHORITY WATER SERVICES / NUTRITION 356581 2/3/22 1,70 5.60 SWRCB ANNUAL PERMIT FEE FOR NATIONAL CITY BILL 356582 2/3/22 3,228 .00 SYSCO SAN DIEGO INC FOR FOOD AS NEEDED FOR NUTRITION CENTER 35658 3 2/3/22 1,907.41 TELLEZ TRAINING ADV SUB CPCA TRN SYMPSM 356584 2/3/22 925.16 TERMINIX INTERNATIONAL ON-SITE PEST CONTROL SERVICES AS NEEDED 35 6585 2/3/22 1,817.00 THOMSON REUTERS CCRT 19 PUBLIC SAFETY SUBSCRIPTION /FIRE 356586 2 /3/22 190.86 TRI-GROUP CONSTRUCTION AND DEV CIP 19-04 CITYWIDE SAFE ROUTES TO SCHOOL 356587 2/3/22 11,400.00 U S BANK CREDIT CARD EXPENSES - COMMUNITY SERVICE 356588 2/3/22 40 .00 WALTERS TRAINING REIM SLI 4 WADE 356589 2/3/22 300.40
WEST COAST ARBORISTS ONGOING TREE TRIMMING SERVICE AS NEEDED 3565 90 2/3/22 7,552.00 WEST COAST ARBORISTS INC CIP 21-24 CALFIRE GRANT PLANTING - ENG/ PW 356591 2/3/22 9,800.00 WETMORES MOP 80333 AUTO SUPPLIES - PW 356592 2/3/22 131.98 WSP USA INC WSP FOCUSED GENERAL PLAN UPDATE 356593 2/3/22 56,521. 67 WSP USA INC NATIONAL CITY PARKING PLAN - ENG/PW 356594 2/3/22 7,20 0.65 A/P Total 741,501.03
WIRED PAYMENTS
THE BANK OF NEW YORK MELLON 2017A TARB 2/1/2022 MAKE-UP PAYMENT 1 57446 2/1/22 100.00 THE BANK OF NEW YORK MELLON 2017A TARB 2/1/2022 PAYMENT 168555 1/ 28/22 424,171.10 UNION BANK OF CALIFORNIA GO BONDS OBLIGATION REFUNDING BONDS 201 2 168561 1/28/22 40,437.30 THE BANK OF NEW YORK MELLON 2017B RDA TARB 2/1/22 PAYMENT 168567 1/28/22 21,924.40 SECTION 8 HAPS Start Date End Date
1/28/2022 2/3/2022 1,015,233.00
GRAND TOTAL 2,243,366.83$
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The following page(s) contain the backup material for Agenda Item: Public Hearing – Resolution of the City Council of the City of National City, California authorizing the execution of an Order of Vacation of a portion of Kimball Way, north of East 14th Street and northwest of the intersection with ‘F’ Avenue, as part of the Kimball Highlands and San Ysidro Health (PACE) Clinic project. (Applicant: Excel Engineering) (Case File No. 2021- 23 SC (Planning)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
ITEM TITLE:
PREPARED BY: DEPARTMENT:
PHONE:
EXPLANATION:
APPROVED BY:
AGENDA ITEM NO. MEETING DATE:
ENVIRONMENTAL REVIEW:
FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:
ACCOUNT NO.
STAFF RECOMMENDATION:
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
___________________
________________
March 1, 2022
Public Hearing – Resolution of the City Council of the City of National City authorizing the execution of an Order of Vacation of a portion of Kimball Way, north of East 14 th Street and northwest o f the intersection with ‘F’ Avenue, as part of the Kimball Highlands and San Ysidr o Health (PACE) Clinic project. (Applicant:
Excel Engineering) (Case File No. 2021-23 SC)
Community Development
The City Council initiated the vacation request on January 18, 2022 to vacate Kimball Way between ‘F’ Avenue and East 14 th Street. The vacation is in association with the Kimball Highlands (Community HousingWorks) and San Ysidro Health PACE Clinic projects, curre ntly under review. The area to be vacated would be converted to a pedestrian corridor and would become private property, being added to the properties on either side of the area (per underlying fee t itle). As part of the overall development, a rededication of public right-of-way will create a cul-de-sac no rthwest of the vacation area. The Planning Commission found the vacation in conformance with the General P lan at their meeting of February 7, 2022.
The attached background report describes the proposal in detail.
Martin Reeder, AICP
1. Background Report 6. Project Timeline
2. Recommended Findings 7. Planning Commission Resolution No. 2 022-04
3. Recommended Conditions 8. Public Notice
4. Project Overhead & Re ndering 9. Resolution
5. Site Photos 10. Order of Vacation
National City Comprehensive Land Use Update (SCH 2010051009) FINAL ADOPTION:
APPROVED: ________________ MIS
Staff concurs with the Planning Commission determination and recommends approval of the alley vacation.
The Planning Commission determined the alley vacation request complies with the General Plan.
Vote: Ayes – Dela Paz, Roman, S anchez, Sendt, Valenzuela, Yamane Noes – Natividad 619-336-4313
Director of Community Development
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BACKGROUND REPORT
StaffRecommendation
Staffisrecommending thatthe CityCouncil approve the streetvacation request.Vacation of the streetinthisarea willensure the success of the Kimball Highlands project,which willprovide 143 unitsaffordableto low-income familiesand individualswith incomes ranging from 30% to 70% ofArea Median Income (AMI),as wellas the San Ysidro Health PACE clinic.
Executive Summam
The applicant is proposing to vacate Kimball Way between ‘F’Avenue and East 14th Stfeethhe vacation? isiiniassociationiwithithe4<1mball Highlands—(Gommunityi ,7 HousingWorks) and San Ysidro Health PACE Clinicprojects,which is currentlyunder review.The existingwirelesscommunications facilitylocated on Kimball Way inthe rear of the 99 Cents Only parking lotisproposed to be relocatedas partofthe overallproject.
The closure of Kimball Way in thislocationwas contemplated as part of the 2011 Land Use Update and was included inthe trafficanalysisforthe General Plan at thattime.
Kimball Highlands Pro'ect
Kimball Highlands isa two—property infillmulti-familyapartment development, with one property located at 14th Streetand Kimball Way at 'F’Avenue (Site1,61 units),and the second property locatedat 1221 ‘D’Avenue (Site2, 84 units).The two sitesare located withinwalking distanceof each other (approximately525 feet).Site1 is0.95 acres insize and Site2 is1.73 acres insize.Site1 willalso includethe PACE clinicand isthe property associated with thisstreetvacation request.A rendering of the sitebuildoutis included as Attachment 4.
The development isin accordance with the fullyexecuted Dispositionand Development Agreement (DDA) between Community HousingWorks (CHW), the Community Development Commission-Housing Authorityof the Cityof National City (CDC-HA), and San Ysidro Health.The DDA provides a loan from the CDC-HA to CHW to finance the acquisition,construction,and development ofthe project.A detailedtimelineofthe project isincluded as Attachment 6.
Street Vacation
The area of right—of-wayto be vacated would be converted to a pedestrian corridorand would become privateproperty,being added to the propertieson eitherside of the area (perunderlyingfeetitle).As partofthe overalldevelopment, a rededicationofpublicright— of-way willcreate a cul-de-sacnorthwest of the vacation area. Emergency access would ATTACHMENT 1
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be maintained through the area,as requiredby the FireDepartment. While design details of the emergency access are yet to be finalized,a system of strobe-activatedcollapsible bollardsand Grasscrete paving are a likelycandidate forinclusioninthe design. Existing utilitiesinthe area would be relocatedbased on the requirements ofthe respectiveutility.
The totalarea of right—of—wayto be vacated (minus the area to be rededicated) is approximately 8,110 square feet(0.19acres).
Analysis
As mentioned above, the closureof KimballWay inthislocationwas contetnplatedas partof the 2011 Land Use Update and was included inthe trafficanalysisforthe General Plan at that time. The streetsegment proposed to be vacated is currentlyused for motorized and non-motorized transportation,and is designated as a localroad in the CirculationElement ofthe General’Plan.
The portionof Kimball Way to be vacated isfullydeveloped, although itisnot identified as an arterialor collectorstreetinthe CirculationElement of the General Plan.There are also utilitiesthat reside in the area to be vacated, includingwater and sewer mains. lf vacated, access to allutilitieswould need to be maintained or abandoned/relocated as required.Reservationsand responsibilitiesfordealingwiththese utilitieswillbe inplace before the order to vacate and willthus be guaranteed once the streetright—of—wayis vacated.
While alreadyanalyzed withregardtotrafficimpact as partofthe 2011 Land Use Update, the closure of Kimball Way inthislocationwillresultin an increased traveldistance for vehiclestravelingthrough the ‘D’Avenue and East 12thStreetintersection(theentrance to KimballWay). In order to get to Highland Avenue from thislocation,vehicleswould have to travelan additional1,000 feet(justshort of a quarter—mile),by heading north to Plaza Blvd.,east to Highland Avenue, and then south to Kimball Way. There isalso an alternateroutethrough the Walmart parkinglot,which issimilarindistancetothe current scenario.However, thisisprivatepropertyand not an officialpublicroute.
Comments were received from the Fireand Police Departments, who requirecontinued access throughthe area afteritisvacated.While design detailsofthe emergency access are yet to be finalized,a system of strobe-activatedcollapsiblebollardsand Grasscrete paving are a likelycandidate for inclusionin the design. Recommended Conditions of Approval that reflect these requirements are attached. The Police Department had additionalconcerns relatedtodispersionofvehiclesaftermajor KimballPark events,such as the 4thofJuly Festival.Because the applicantalso controlsthe Kimball/Morgan Tower property,they have committed to providingaccess through that property for those vehiclesexitingthe KimballPark area aftermajor events thatwish to get to Highland Avenue more quicklythan the post—closureroute.
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General Plan Conformance
The streetsegment proposed to be vacated is not considered a major road (arterialor collectorinthe CirculationElement of the General Plan. However, itisan effectivewest- to—east route from ‘D’Avenue to Highland Avenue, although there are alternativesas discussed above.
Vacating the streetinthislocationwould facilitatea priorityCityprojectthatwould provide benefits(i.e.additionalhealthcareand affordablehousing options)forthecommunity that would exceed the benefitof a vehicularroutethatcan be alternatelyprovided without too much more effort.The vacation of thisportionof Kimball Way and the resultantKimball Highlands/San Ysidro Health projectisconsistentwith several General Plan policies:
Policy LU-1.2: Concentrate commercial, mixed—use, and medium to high density resridentialeelevelepmentLalengtranrsiteeorridersrat—majerAinterseetiensrandAneamctivity centers that can be served efficientlyby public transitand alternativetransportation modes. ‘
Policy LU-2.1: Provide for housing near jobs, transitroutes,schools, shopping areas, and recreationto discourage long commutes; promote publictransit,walking,and biking; and lessen trafficcongestion.
Policy LU-2.10: Encourage the development and expansion of institutions,such as schools and health
Policy LU-7.1: Establishincentivesto promote the use and development of vacant infill parcelsand the intensificationoflanduses on underutilizedparcelstorealizethe greatest benefitto the community.
Policy LU-7.6: Support the strategicconversion of certain sections of streets into developable land only where the conversion positivelycontributesto the redevelopment and revitalizationof the area, improves trafficsafety,and does not impede emergency access.
This isimportantbecause the Cityisalmost completely builtzout,but additionalpopulation growth and development stillneedsto be accommodated. Vacant parcels,underutilized parcels, and existingvacant buildifigsare the most logicallocationsto directfuture development.
CEQA
Because the closurewas envisioned by and analyzed inthe trafficanalysisforthe 2012 Land Use Update, a Notice of Determination willbe filedin associationwith the ElR prepared forthe update.
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Planning Commission hearing
Planning Commission held a hearingon February 7,2022 and determinedthatthe Street Vacation was inconformance withthe NationalCityGeneral Plan (CirculationElement).
Summam
Vacation of Kimball Way in this area willfacilitatea priorityCity project that was envisioned by the last Land Use Update. The projectwillprovide for 143 affordable housing unitsand a cliniccateringto the elderlypopulation.The General Plan Circulation Element does not identifythe area as a major road (arterialor collector).The proposed street vacation does not conflictwith the policiesand goals of the General Plan.
Pedestrianaccess willbe maintainedand specialevent circulationrelatedtoKimballPark has been addressed. Furthermore, allemergency access willbe maintained with relation Viterthebusinesseseperatingentheetreetrbeth‘nerthandfieuthAloepmpesedivacated street.
OQtions
1. Approve 2021-23 SC based on attached findings or otherfindings as determined by the CityCouncil,subjectto the attached conditionsand authorizevacationof the subjectportionof KimballWay; or
2. Deny 2021-23 80 based on findingsas determined by the CityCouncil;or,
3. Continue the item foradditionalinformation.
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1. RECOMMENDED FINDINGS FOR APPROVAL
2021-23 SC — KimballWay, northofEast 14‘hStreetand
northwest of the intersectionwith ‘F’Avenue
That the streetvacation as described on the attached plans isin compliance with the NationalCityGeneral Plan,sincevacationofthlsportionof KimballWay would facilitate a priorityCity projectthat would provide benefits (Le. additionalhealthcare and affordablehousing options)forthe community thatwould exceed the benefit of a vehicularroutethatcan be alternatelyprovided withouttoo much more effort.
That thisportionof Kimball Way isnot identifiedas a major road (arterialor collector inthe CirculationElement ofthe GeneraLElan, thatpeideatrianand emergency access willbe maintained, and thatthrough access can be provided by alternatemeans.
ATI'ACHMENT 2
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RECOMMENDED CONDITIONS OF APPROVAL
2021-23 SC — Kimball Way, north of East 14thStreetand
northwest of the intersectionwith ‘F’Avenue
General
1. This StreetClosureauthorizesthevacationof KimballWay, northof East 14'hStreet and northwest of the intersectionwith ‘F’Avenue. Except as requiredby Conditionsof Approval, allplans submitted forpermits associated with the projectshallconform to ExhibitA, Case FileNo. 2021-23 SC, dated 1/11/22.
l/Whin four (4) days of approval,pursuant to Fish and Game Code 711.4 and the CaliforniaCode of Regulations,Title14, Section 753.5, the applicantshallpay all necessary environmentalfilingfees fgrtheflSan Diego Cpuhty Clerk.Checks shallbei made payable to the County Clerk and submitted to the National City Planning Department.
Utilities
3. The applicant shallreserve easements for allremaining utilitiesnot relocated that are located inthe proposed vacation area priorto the order ofvacation of the subject right—of—way.
The Cityshallreserve easement and right—of—wayforaffectedpublicutilitiesto erect, construct, change the size of, improve, reconstruct,relocate, repair, remove, maintain and use facilitiesconsisting of underground electric facilities, communication facilitiesand allappurtenances forthe transmission and distribution of electricityand for pipelinesand appurtenances, together with the rightof ingress thereto and egress therefrom over said easement and over other practicalroutes.
No building or other structure,including fences, shall be permitted within the easement without said publicutilities’priorwrittenconsent. Said publicutilities’prior writtenconsent shallbe required before plantingany trees or increasing/decreasing the ground elevationwithinthe easement. The easement shall be in place priorto the vacation of the right—of—way.
m
5. Plans submitted for improvements must comply with the current editionsof the CaliforniaFireCode (CFC), NationalFireProtectionAssociation(NFPA), and California Code of Regulations(CCR).
Fire apparatus access roads shallcomply with the requirements of Section 5 CFC 2013) and shallextend to within150 feetof allportionsof the facilityand allportions of the exteriorwalls of the firststory of the buildingas measured by an approved route around the exteriorof the building.Dead-end fireapparatus access roads in ATTACHMENT 3
6 179 of 379
excess of 150 feet in length shall be provided with an approved area for turning around fireapparatus. This projectwillrequirestrictadherence to Appendix "D" of the CaliforniaFireCode.
7. The required width of emergency fire apparatus access roads shall not be obstructed in any manner, includingparking of vehicles.Allaccess roads shallbe no less than 20 feetwide, no less than 14 feethigh and shallhave an allweathered road with the abilityto support 75 thousand pounds or greater.Where a firehydrant islocatedon a fire apparatus road,the minimum road width shallbe 26 feet.A 28 foot turning radius is required for fire department access through site.All fire department access roads shall be painted and signed to prevent parking in these requireddesignated emergency areas.Modifiedroadway (KimballWay) shallbe re- evaluatedto meet these strictguidelines.
SfPfikiing slfillWF—tlmpac reqmrements oftum-around provisionor roadway at any time ifrequired.No parking shallbe allowed incuI-de-sacareas.
9. Approved signs or other approved noticesor markings (Red Curb) thatincludeNO PARKING - FIRE LANE shallbe provided forfireapparatus access roads to identify such roads or prohibitthe obstructionthereof.The means by which fire lanes are designed shallbe maintained in a clean and legibleconditionat alltimes and be replacedor repairedwhen necessary to provideadequate visibility.Allprojectsshall be evaluated forthisnecessary application.
10.The firecode officialshallhave the authorityto requireor permit modificationsto the required access widths where they are inadequate for fire rescue operations or where necessary to meet the publicsafetyobjectivesof the jurisdiction.
11.The firecode officialis authorized to require more than one fireapparatus access road based on the potentialforimpairment of a singleroad by vehiclecongestion, conditionof terrain,climaticconditionsor otherfactorsthatcould limitaccess (CFC 2019 Edition- Section503.12).
12.Grade of fireapparatus road shallbe withinthe limitsestablished(15% Grade) by the firecode officialbased on firedepartment'sapparatus.
13.Ifa question arises concerning access from Kimball Way (cul-de-sac)onto E. 14th Street and onto Highland A venue, emergency collapsiblebollardsand grasscrete capable ofsupporting75,000.00 lbs.ofvehicleweight could be used.
14.lf entrance/exit gates are used, they shall be equipped with Knox Box and Emergency Strobes so as to provide emergency vehicleaccess and egress. A Knox Key Switch shallbe requiredin conjunctionwith strobe foremergency access, and shallbe placed at frontof property.Please contact the NationalCity FireDepartment forexact field location.
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15.Fire hydrants currentlyinstalled,shallremain clearlyaccessible by fireapparatus to meet CaliforniaFireCode. Iffire hydrants become inaccessibledue to new design, additionalfirehydrants could be required.
16.Fire hydrants thatmay be locatedthroughout the projectas not to have a separation distance greater than 300 feet.Fire hydrants to be located within 300 feet of all locationswhich are roadway accessible.(Measurement startsfrom‘nearest public firehydranttoprojectand shallbe clearlyaccessibleby fire apparatus.
17.The followingitems pertainto firehydrants:
a. Size and location,includingsize and number of outletsand whether outletsare to be equipped with independent gate valves.
b. Firehydrantto be ofthreeoutletdesign.
largediameter hose (4-inch).
19.Firehydrants to be marked by use of blue reflectivemarker inthe roadway.
20.Where there is conflict between a general requirement and a specificrequirement, the specific requirement shall be applicable.Where, in a specificcase, different sections of thiscode specifydifferentmaterials,methods of constructionor other requirements,the most restrictiveshallgovern.
Police
21.Prior to closure of the thisportionof Kimball Way and development of the PACE clinic,the applicantshallprepare a specialevent trafficplan,to the satisfactionof the Police Department, which willprovide an alternateroute to Highland Avenue after major events (e.g.4‘hof July Carnival)in Kimball Park, by providingaccess through the Kimball/Morgan Towers property.
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Kimball Highland Master Plan Timeline
Milestone Date
Exclusive NegotiationAgreement November 19, 20219
Dispositionand DevelopmentAgreement October 20, 2020
CaIHFA 2021 Mixed-Income Program
(MIP)FundingApplication January 25,2021
CaIHFA 2021 Mixed-Income Program
(MIP) Funding Award Date March 30, 2021
CaliforniaDebt LimitAllocation
*"Gommittee*(wlfiGf/JFaX’Gredit’
AllocationCommittee (TCAC) Application
May25,2024
CDLAC /TCAC Re—Application September 9, 2021
CDLAC /TCAC Award December 8, 2021
CDLAC ITCAC Close of Construction
Financing June 10, 2022
Construction StartDate
June 15, 2022
ATTACHMENT 5
16 189 of 379
RESOLUTION NO. 2022-04
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NATIONAL CITY, CALIFORNIA,
FINDING THE VACATION OF A PORTION OF KIMBALL WAY,
NORTH OF EAST 14TH STREET AND NORTHWEST OF
THE INTERSECTION WITH ‘F’AVENUE
IN CONFORMANCE WITH THE GENERAL PLAN.
APPLICANT: EXCEL ENGINEERING
CASE FILE NO. 2021-23 SC
WHEREAS, the Planning Commission of the City of National City considered the vacation of a portionof Kimball Way, north of East 14“1Streetand northwest of the intersectionwith ‘F’Avenue forconformance with the General Plan at a hearing held on Egbruary 7, 20,22,773,which time oraLand ,documentawfieyidence wpresented; Efld, WHEREAS, at said hearing the Planning Commission considered the staffreport contained in Case File No. 2021-23 SC maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, thisactionistaken pursuant to allapplicableprocedures requiredby State law and Citylaw; and,
WHEREAS, the action recitedherein isfound to be essentialforthe preservation of public health,safety,and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of NationalCity,California,thatthe testimony and evidence presented to the Planning Commission at the public hearing held on February 7, 2022, support the following findings:
1. That the streetvacation as described on the attached plans isincompliance with the NationalCity General Plan, since vacation of this portionof Kimball Way would facilitatea priorityCity projectthat would provide benefits (i.e.additionalhealthcare and affordable housing options) for the community that would exceed the benefitof a vehicular route that can be alternatelyprovided without too much more effort.
2. That thisportionof Kimball Way isnot identifiedas a major road (arterialor collector in the CirculationElement of the General Plan, that pedestrian and emergency access willbe maintained, and that through access can be provided by alternate means.
BE IT FURTHER RESOLVED thatthe applicationforStreetVacation,ifapproved, issubjectto the followingconditions:
ATTACHMENT 7
l7
190 of 379
DocuSign Envelope ID:ZOF3606A—A2FC-49EC-9238-BQDZ1629A5CS General
1. This StreetClosure authorizesthe vacation of Kimball Way, north of East 14‘hStreet and northwest of the intersectionwith ‘F’Avenue. Except as requiredby Conditionsof Approval, allplans submitted for permits associated with the projectshallconform to ExhibitA, Case FileNo. 2021-23 SC, dated 1/11/22.
VWhin four (4) days of approval,pursuant to Fish and Game Code 711.4 and the CaliforniaCode of Regulations,Title14, Section 753.5, the applicantshall pay all necessary environmentalfilingfees forthe San Diego County Clerk.Checks shallbe made payable to the County Clerk and submitted to the NationalCity Planning Department.
Utilities
3. The applicantshallreserve easements forallremaining utilitiesnot relocatedthat
“7”4 Wlmtedflfithmfieedtmfim—‘wew‘ior to the order of vacatron'fif’fhesubject right—of—way.
The Cityshallreserveeasement and right—of—wayforaffectedpublicutilitiesto erect, construct, change the size of, improve, reconstruct, relocate, repair, remove, maintain and use facilitiesconsisting of underground electric facilities, communication facilitiesand allappurtenances for the transmission and distribution of electricityand for pipelinesand appurtenances, together with the rightof ingress theretoand egress therefrom over said easement and over other practicalroutes.
No buildingor other structure,includingfences, shall be permitted within the easement without said publicutilities’priorwrittenconsent. Said publicutilities’prior writtenconsent shallbe requiredbefore plantingany treesor increasing/decreasing the ground elevationwithinthe easement. The easement shall be in place priorto thevacationofthe right—of—way.
Fire
5. Plans submitted for improvements must comply with the current editionsof the CaliforniaFireCode (CFC), NationalFireProtectionAssociation(NFPA), and California Code of Regulations(CCR).
Fireapparatus access roads shallcomply with the requirements of Section 5 CFC 2013) and shallextend towithin150 feetof allportionsof the facilityand allportions of the exteriorwalls of the firststory of the buildingas measured by an approved route around the exteriorof the building.Dead—end fireapparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fireapparatus. This projectwillrequirestrictadherence to Appendix "D" of the CaliforniaFireCode.
The required width of emergency fire apparatus access roads shall not be obstructedin any manner, includingparking of vehicles.Allaccess roads shallbe no lessthan 20 feetwide, no less than 14 feet high and shallhave an allweathered 18 191 of 379
DocuSlgn Envelope iD:20F3606A-A2FC-49EC-9233—BQD21629A5CS road with the abilityto support 75 thousand pounds or greater.Where a firehydrant is located on a fire apparatus road, the minimum road width shallbe 26 feet.A 28 foot turning radius is required for firedepartment access through site.All fire department access roads shall be painted and signed to prevent parking in these required designated emergency areas. Modified roadway (KimballWay) shailbe re- evaluated to meet these strictguidelines.
8. Parking shall not impact requirements of tum-around provisionor roadway at any time ifrequired.No parking shallbe allowed incul-de-sacareas.
9. Approved signs or other approved noticesor markings (Red Curb) that include NO PARKING - FIRE LANE shallbe provided forfireapparatus access roads to identify such roads or prohibitthe obstructionthereof.The means by which firelanes are designed shallbe maintained in a clean and legibleconditionat alltimes and be replaced or repairedwhen necessary to provideadequate visibility.Allprojectsshall be evaluated forthisnecessary application.
10.The fire code officialshallhave the authorityto requireor permit modifications to the required access widths where they are inadequate for firerescue operations or where necessary to meet the publicsafetyobjectivesof the jurisdiction.
11.The fire code officialis authorized to require more than one fireapparatus access road based on the potentialfor impairment of a single road by vehicle congestion, conditionof terrain,climaticconditionsor otherfactorsthatcould limitaccess (CFC 2019 Edition- Section503.12).
12.Grade of fireapparatus road shallbe withinthe limitsestablished(15% Grade) by the fire code officialbased on fire department'sapparatus.
13.ifa question arises concerning access from Kimball Way (cuI-de—sac)onto E. 14th Street and onto Highland Avenue, emergency collapsibleboliards and grasscrete capable of supporting75,000.00 lbs.of vehicleweight could be used.
14.lf entrance/exit gates are used, they shall be equipped with Knox Box and Emergency Strobes so as to provide emergency vehicleaccess and egress. A Knox Key Switch shallbe required in conjunctionwith strobe for emergency access, and shailbe placed at frontof property.Please contact the NationalCity Fire Department forexact fieldlocation.
15.Firehydrants currentlyinstalled,shallremain clearlyaccessibleby fireapparatus to meet CaliforniaFireCode. iffirehydrants become inaccessibledue to new design, additionalfire hydrants could be required.
16.Firehydrantsthatmay be locatedthroughoutthe projectas not to have a separation distance greater than 300 feet Fire hydrants to be located within 300 feet of all locationswhich are roadway accessible.(Measurement startsfrom nearest public fire hydrant to projectand shallbe clearlyaccessible by fireapparatus.
17.The followingitems pertainto firehydrants:
19 192 of 379
DocuSign Envelope iD:20F3606A—A2FC—49EC~9238~BQD21629A503 a. Size and location,includingsize and number of outletsand whether outletsare to be equipped with independent gate valves. '
b. Firehydrant to be of three outletdesign.
18.Providecalcuiationconfirmingflowavailabilityto meet fireflowdemands and supply largediameter hose (4-inch).
19.Firehydrants to be marked by use of blue reflectivemarker inthe roadway.
20.Where there is conflict between a general requirement and a specificrequirement, the specificrequirement shall be applicable.Where, in a specificcase, different sectionsof thiscode specifydifferentmaterials,methods of constructionor other requirements,the most restrictiveshallgovern.
Police
217ilr-ioreteblosureefethe-this/peFtieanLKimbalI7WaryaandedevelepmenteefetheePAGE-rrr—— clinic,the applicantshallprepare a specialevent trafficplan,to the satisfactionofthe Police Department, which willprovide an alternateroute to Highland Avenue after major events (e.g.4thof JulyCarnival)in KimballPark,by providingaccess through the Kimball/Morgan Towers property,
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission ofthe City of National City,California,that the Planning Commission finds the proposed Street Vacation inconformance with the NationalCity General Plan.
BE iT FURTHER RESOLVED that copies of this Resolution be transmitted forthwithto the applicantand to the CityCouncil.
CERTIFICATION:
This certifiesthat the Resolution was adopted by the Planning Commission at their meeting of February 7,2022 by the followingvote:
AYES: Sendt,Sanchez,Dela Paz,Yamane, Roman, Valenzuela
NAYS: Natividad
ABSENT: None.
ABSTAIN: None.
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DitasYamane
2/14/2022|3:15PM PST
20 193 of 379
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY GIVEN thattheCityCouncilofthe Cityof National Citywiilhoid a PublicHearing afterthe hour of 6:00 pm, Tuesday, March 1, 2022, viaLIVE WEBCAST from the CityCouncilChambers, CivicCenter,1243 NatiqnalCityBivd.,NationalCity,CA.,to consider:
STREET VACATION OF A PORTION OF KIMBALL WAY,
NORTH OF EAST 14THSTREET AND NORTHWEST OF
THE INTERSECTION WITH ‘F’AVENUE
Due to the precautionstaken to combat the spread ofcoronavirus(COVID- ' ,19);the'CityCouncilCham.bersrareeciosedtothegubiinAnyoneinterestedinthi’s.
Public Hearing may view the City Council Meeting on the City’swebpage at. htth:Ilwww.nationalcimcagovhuebcast
Interestedpartiesmay registerto speak during the City Council zoom meeting,butmust registerby 4:00 pm. theday ofthemeeting.The CityCouncil willalso accept writtenpubliccomments regardingthismatterviae—mailsent to [email protected]. Written comments from the public (limitedto a maximum ofthreeminutes)must be submittedviae-mailby 4:00 pm. on the day of the City Council Meeting. For informationon registeringto speak or on submitting written comments, please visitthe City Clerk's webpage at httgsfllwww.nggjgnalcitycagovlgovemmentlcity~clerklpubiic-comments ifyou challengethe nature of the prbposed actionin court,you may be limitedto raisingonly those issues you or someone else raised at the Public Hearing describedinthisnoticevia e-mail,or through writtencorrespondence deliveredto the undersigned priorto the PublicHearing.
The PlanningCommission found theStreetVacationinconformancewith'the NationalCityGenerél Plan attheirmeeting of February-7,2022 by a voteofsix to one.
February18,2022 '
eiieyC apel
Deputy CityClerk
ATTACHMENT 8
21 194 of 379
195 of 379
RESOLUTION NO. 2022 –
RESOLUTION OF THE CI TY COUNCIL OF THE CI TY OF NATIONAL CITY
AUTHORIZING THE EXECUTION OF AN ORDER OF VACATION OF A PORTION OF KIMBALL WAY, NORTH O F EAST 14 TH STREET AND NORTHWES T OF THE INTERSECTION WITH ‘F’ AVENUE, AS PART OF THE KIMBALL HIGHLANDS AND SAN YSIDRO HEALTH (P ACE) CLINIC PROJECT. APPLICANT: EXCEL
ENGINEERING
WHEREAS, application was made requesting to vacate and close Kimball Way, north of East 14th Street and northwest of the intersection with ‘F’ Avenue , in the City of National City, County of San Diego, State of California; and
WHEREAS, on March 1, 2022 , the City Council of the City of National City conducted a hearing and initiated said vacation and closure of Kimball Way, north of East 14th Street and northwest of the intersection with ‘F’ Avenue; and
WHEREAS, on February 7, 2022, the Planning Commission of the City of National City considered the proposed vacation and closure, and found and determined that the vacation and closure of Kimball Way, north of East 14 th Street and northwest of the intersection with ‘F’ Avenue conforms with the City's adopted General Plan; and
WHEREAS, the City Council has considered the Planning Commission's report and recommendation, and the presentation of staff regarding the proposed vacation and closure; and
WHEREAS, a Public Hearing was held on March 1, 2022 at which time all persons interested in or objecting to the proposed vacation and closure were a fforded the opportunity to appear and be heard; and
WHEREAS, the City Engineer of the City of National City caused notice of said vacation and closure to be posted in the manner specified by law; and
WHEREAS, the National City General Plan does not consider the portion of alley as an arterial or collector street.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
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Resolution No. 2022 –
Page Two
1. That the street vacation as described on the attached plans is in compliance with the National City General Plan, since vacation of this portion of Kimball Way would facilitate a priority City project that would provide benefits (i.e. additio nal healthcare and affordable housing options) for the community that would exceed the benefit of a vehicular route that can be alternately provided without too much more effort.
2. That this portion of Kimball Way is not identified as a major road (arterial or collector) in the Circulation Element of the General Plan, that pedestrian and emergency access will be maintained, and that through access can be provided by alternate means.
BE IT FURTHER RESOLVED THAT THE STREET VACATION IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
General
1. This Street Closure authorizes the vacation of Kimball Way, north of East 14 th Street and northwest of the intersection with ‘F’ Avenue. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2021-23 SC, dated 1/11/22.
2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County C lerk and submitted to the National City Planning Department.
Utilities
3. The applicant shall reserve easements for all remaining utilities not relocated that are located in the proposed vacation area prior to the order of vacation of the subject right- of-way.
4. The City shall reserve easement and right -of-way for affected public utilities to erect, construct, change the size of, improve, reconstruct, relocate, repair, remove, maintain and use facilities consisting of underground electric facilities, communication facilities and all appurtenances for the transmission and distribution of electricity and for pipelines and appurtenances, together with the right of ingress thereto and egress therefrom over said easement and over other practical routes. No building o r other structure, including fences, shall be permitted within the
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Resolution No. 2022 –
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easement without said public utilities’ prior written consent. Said public utilities’ prior written consent shall be required before planting any trees o r increasing/decreasing the ground elevation within the easement. The easement shall be in place prior to the vacation of the right-of-way.
Fire
5. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC), National Fire Protection Association (NFPA), and California Code of Regulations (CCR).
6. Fire apparatus access roads shall comply with the requirements of Section 5 CFC 2013) and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. This project will require strict adherence to Appendix "D" of the California Fire Code.
7. The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no less than 20 feet wide, no less than 14 feet high and shall have an all weathered road with the ability to support 75 thousand pounds or greater. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. A 28 foot turning radius is required for fire department access through site. All fire department access roads shall be painted and signed to prevent parking in these required designated emergency areas. Modified roadway (Kimba ll Way) shall be re -evaluated to meet these strict guidelines.
8. Parking shall not impact requirements of tum-around provision or roadway at any time if required. No parking shall be allowed in cul-de-sac areas.
9. Approved signs or other approved notices or markings (Red Curb) that include NO PARKING - FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designed shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. All projects shall be evaluated for this necessary application.
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10. The fire code official shall have the authority to require or permit modifications to the required access widths where they are inadequate for fire rescue operations or where necessary to meet the public safety objectives of the jurisdiction.
11. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access (CFC 2019 Edition - Section 503.1.2).
12. Grade of fire apparatus road shall be within the limits established (15% Grade) by the fire code official based on fire department's apparatus.
13. If a question arises concerning access from Kimball Way (cul-de-sac) onto E . 14th Street and onto Highland Avenue, emergency collapsible bollards and “grasscrete” capable of supporting 75,000.00 lbs. of vehicle weight could be used.
14. If entrance/exit gates are used, they shall be equipped with Knox Box and Emergency Strobes so as to provide emergency vehicle access and egress. A Knox Key Switch shall be required in conjunction with strobe for emergency access, and shall be placed at front of property. Please contact the National City Fire Department for exact field location.
15. Fire hydrants currently installed, shall remain clearly accessible by fire apparatus to meet California Fire Code. If fire hydrants become inaccessible due to new design , additional fire hydrants could be required.
16. Fire hydrants that may be located throughout the project as not to have a separation distance greater than 300 feet. Fire hydrants to be located within 300 feet of all locations which are roadway accessible. (Measurement starts from nearest public fire hydrant to project and shall be clearly accessible by fire apparatus.
17. The following items pertain to fire hydrants:
a. Size and location, including size and number of outlets and whether outlets are to be equipped with independent gate valves.
b. Fire hydrant to be of three outlet design.
18. Provide calculation confirming flow availability to meet fire flow demands and supply large diameter hose (4-inch).
19. Fire hydrants to be marked by use of blue reflective marker in the roadway.
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20. Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in a specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.
Police
21. Prior to closure of this portion of Kimball Wa y and development of the PACE clinic, the applicant shall prepare a special event traffic plan, to the satisfaction of the Police Department, which will provide an alternate route to Highland Avenue after major events (e.g. 4 th of July Carnival) in Kimball Park, by providing access through the Kimball/Morgan Towers property.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL AS FOLLOWS:
1. That the Mayor and City Clerk are respectively authorized and directed to execute and attest an Order of Vacation of the above described portion of public right-of-way.
2. That the vacation of the above described portion of public right -of-way to motorized vehicles is made under the authority of Division 9, Part 3, Chapter 3 of the California Streets and Highways Code.
4. That the ri ght-of-way to be vacated is not needed for present or future public transportation uses, because the properties abutting the street under consideration will continue to have access to public streets.
5. That the area to be vacated is not required as a non-motorized transportation facility for pedestrians, bicyclists, or equestrians.
6. That the vacation of the proposed segment of right-of-way is consistent with the City’s General Plan, because the street in this area is not a major street (arterial or collector street).
7. That, once the Order of Vacation is executed, the City Clerk is hereby authorized and directed to cause a certified copy of subject Order to be recorded in the office of the County Recorder of San Diego County, pursuant Section 8325 of the Califor nia Streets and Highways Code.
8. That from and after the date that Order of Vacation is executed, the above-described portion of public right-of-way will no longer constitute a street, except as reserved and excepted herein.
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PASSED and ADOPTED this 1st day of March, 2022.
__________________________
Alejandra Sotelo-Solis, Mayor
ATTEST:
_________________________
Luz Molina, City Clerk
APPROVED AS TO FORM:
__________________________
Charles E. Bell Jr., City Attorney
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The following page(s) contain the backup material for Agenda Item: Public Hearing and Introduction of an Ordinance of the City Council of the City of National City, California, adopting a Military Equipment Policy. (City Attorney)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
ITEM TITLE:
PREPARED BY: DEPARTMENT:
PHONE:
EXPLANATION:
APPROVED BY:
AGENDA ITEM NO. MEETING DATE:
ENVIRONMENTAL REVIEW:
FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:
ACCOUNT NO.
STAFF RECOMMENDATION:
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
_____________
3/1/2022
Introduction of an Ordinance of the City Council of the City of National City, California, adopting a Military Equipment Policy.
City Attorney
On September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies. Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting law s, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070.
The proposed military equipment policy is found within National Ci ty Police Department Policy 706. Policy 706 was published on the National City Police Departments internet website on January 27, 2022, and presented to City Council on March 1, 2022.
The National City Police Department Policy 706 meets the requirements of California Government Code section 7070, subdivision (d).
Charles E. Bell, Jr., City Attorney
• Ordinance
This action does not constitute a project under California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(2).
FINAL ADOPTION:
APPROVED: ________________ MIS
This report does not reflect financial any changes to the budget at this time
Approve the Introduction of an Ordinance of the City Council of the City of National City, California, adopting a Military Equipment Policy.
Not Applicable
(619) 336-4220
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ORDINANCE NO. 2022 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, ADOPTING A MILITARY USE POLICY
CITY ATTORNEY SUMMARY
This Ordinance adds a Military Use Policy to the City of National City, California, Municipal Code
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies ; and
WHEREAS, Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment . The term “military equipment” is defined in California Government Code Section 7070; and
WHEREAS, Assembly Bill 481 allows the governing body of a City to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations; and
WHEREAS, the proposed military equipment use policy is found within National City Police Department Policy 706; and
WHEREAS, National City Police Department Policy 706 was published on the National City Police Department’s internet website on _____________. The National City Police Department Policy 706 was presented to City Council on March 1, 2022; and WHEREAS, The National City Police Department Policy 706 meets the requirements of California Government Code Section 7070, subdivision (d).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City, California, does ordain as follows:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. Based on the findings above, in addition to information provided to the City Council at the public meeting, the City Council determines as follows:
1. The military equipment identified in National City Police Department ___________is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.
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2 2. National City Police Department ____________ will safeguard the public’s welfare, safety, civil rights, and civil liberties.
3. The military equipment identified in National City Police Department ___________ is reasonably cost effective
compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. National City Police Department _________ is approved and adopted.
SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any p art thereof. The City Council of the City of National City hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses , or phrases be declared unconstitutional or invalid or ineffective.
SECTION 4. No Mandatory Duty of Care . This Ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
SECTION 5. Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist.
SECTION 6. Effective Date. This ordinance shall be published pursuant to law and shall become effective thirty (30) days from the date of passage and adoption. Within fifteen (15) days following its adoption, the City Clerk shall publish the title thereof, as a summary as required by State Law.
INTRODUCED by the City Council on March 1, 2022.
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3 PASSED and ADOPTED this _____ day of March, 2022.
__________________________
Alejandra Sotelo-Solis, Mayor
ATTEST:
_____________________________
Luz Molina, City Clerk
APPROVED AS TO FORM:
_____________________________
Charles E. Bell Jr., City Attorney
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The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California, approving National City Police Department Policy 706 and Procedure 706 for the use of Military Equipment as mandated by California Assembly Bill 481. (Police)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: March 1, 2022 AGENDA ITEM NO.:
ITEM TITLE:
Resolution of the City Council of the City of National City,California,approving National City Police Department Policy706 and Procedure 706 forthe use of MilitaryEquipment as mandated by California Assembly Bill481.
PREPARED BY: Graham Young, Captain
PHONE: 619-336-4514 APPROVED BY:
EXPLANATION:
CaliforniaAssembly Bill481 requires a law enforcement agency to obtai ppro the applicable governing body, by adoption of a militaryequipment use policy,as specifie , by ordinance at a regular meeting held pursuant to specifiedopen meeting laws, priorto taking certainactions relatingto the funding, acquisition,or use of militaryequipment, staffreport attached.
FINANCIAL STATEMENT: APPROVED: FINANCE
ACCOUNT No. APPROVED: Mls
This isnot a projectand, therefore,not subjectto financialreview.
ENVIRONMENTAL REVIEW:
This isnot a projectand, therefore,not subject to environmental review.
ORDINANCE: INTRODUCTION FINAL ADOPTION
STAFF RECOMMENDATION:
Approve NationalCityPolice Department Policy706 and Procedure 706 forthe use of Military Equipment as mandated by CaliforniaAssembly Bill481.
BOARD ICOMMISSION RECOMMENDATION:
ATTACHMENTS:
1. Attachment 1 - StaffRepon
2. Attachment 2 - NationalCityPolice Department Policy706
3. Attachment 3 - Copy of CaliforniaAssembly Bill481
4. Attachment 4 — Resolution
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1 DATE: March 1, 2022
TO: Mayor and City Councilmembers
FROM: Graham Young, Captain
SUBJECT: STAFF REPORT: California Assembly Bill 481 – City Council’s approval of National City Policy 706 and
Procedure 706
SUMMARY
Staff recommends the Mayor and City Councilmembers approve the proposed National City Police Department Policy 706, titled “Military Equipment and the proposed Procedure 706 outlining the equipment officers from the can use in the course of their duties.
Under current adopted legislation AB481, This Department procedure establishes guidelines for the use, training, approval, and procurement of existing “military equipment” and future military equipment acquisitions in accordance with California Assembly Bill 481 (AB-481), codified in California Government Code sections 7070-7075. Additionally, this procedure outlines the fiscal impact and specific descriptions of existing military equipment within the Department’s inventory.
BACKGROUND
On September 30, 2021, the Governor of the State of California approved AB-481 requiring law enforcement agencies to obtain approval of the applicable governing body (Mayor and City Council), by adoption of a military equipment use policy.
The Department is required to seek City Council approval of this military equipment use procedure by ordinance at a regular open meeting prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined.
The bill allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The ordinance is subject to annual City Council review to determine whether, based on an annual military equipment report, the standards set forth in the approving ordinance have been met. The City Council may renew the authorizing ordinance, disapprove authorization for 209 of 379
2 particular military equipment where standards have not been met, or require modifications to this military equipment use procedure to address any non- compliance with standards.
Finally, the bill requires publication of this military equipment use procedure and the annual military equipment report on the Department’s website. The military equipment use procedure must be posted on the website at least 30 days prior to the Council meeting. NCPD complied with this provision of the Bill on February 1, 2022 as a “Draft” copy for public viewing.
POLICY EVALUATION CRITERIA
The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
A. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
B. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
C. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
D. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
Upon approval of a military equipment policy, the Chief of Police or the authorized designee will submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee will also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory.
Any member of the public can register a question or concern regarding military use equipment by contacting the National City Police Department's Internal Affairs Unit. Additionally, any member of the public can submit a complaint to any member of the Department and in any form (i.e. in person, telephone, email, etc.) regarding the use of military equipment in the police department’s inventory. Once the complaint is received, it will be routed to the Internal Affairs Unit for investigation.
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3 DEFINITIONS
Assembly Bill 481 – “Military Equipment”
A. “Governing body” means the City of National City, City Council and Mayor.
B. “Military equipment” means the following:
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
This definition applies to the Department’s inventory of small Unmanned Aircraft Systems (sUAS) and SWAT robots.
2. Armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this definition. This definition applies to the Department’s inventory of ‘BAT” – Ballistic Armored Transport.
3. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
This definition applies to all of the Department’s inventory of Command and Control Vehicles, including but not limited to the following:
a) Mobile 1 – Command Post Vehicle
b) CNT Command Vehicle 2 – Command Post Vehicle
4. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this definition. This definition applies to all of the Department’s inventory of explosive breaching equipment, breaching shotguns, and breaching shotgun rounds, which are all maintained by the SWAT unit.
5. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this definition. This definition applies to all of the Department’s inventory of .50 caliber sniper rifles, which are all maintained by the SWAT unit.
6. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this definition.
7. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of 211 of 379
4 the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to sworn members. This definition applies to all of the Department’s inventory of rifle caliber carbines, sniper rifles, and associated ammunition.
8. Any firearm or firearm accessory that is designed to launch explosive projectiles.
9. “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld OC. This definition applies to all of the Department’s inventory of flashbangs, pepper ball launchers and related ammunition. Additionally, this definition would also apply to all of the Department’s inventory of various chemical agents and chemical agent delivery systems maintained by the SWAT Unit. These delivery systems are capable of dispersing chemical agents via burning, expulsion, liquid, or fog.
10. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons. This definition applies to all of the Department’s inventory of 40 mm projectile launchers to include 40 mm multi-launchers and bean bag shotguns and associated munitions. This definition also applies to the Department’s inventory of SIM ammunition and SIM modified weapons utilized by the SWAT Unit, In-Service Training Unit, and Police Academy for training.
11. “Military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
C. “Military equipment use policy” refers to this Department Procedure and means a publicly released, written document governing the use of military equipment by the Department that addresses, at a minimum, all of the following:
1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
2. The purposes and authorized uses for which the Department proposes to use each type of military equipment.
3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
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5 4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any sworn member is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the Department will ensure that each complaint, concern, or question receives a response in a timely manner.
D. “Law enforcement agency” means any of the following:
1. A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges.
2. A sheriff’s department.
3. A district attorney’s office.
4. A county probation department.
FISCAL IMPACT
No financial impact.
INSURANCE REQUIREMENTS
No insurance requirements
BINDING REQUIREMENTS
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6 The National City Police Department retains and employs a wide variety of “military equipment” to assist in safely achieving the furtherance of its mission statement to “maintain public safety by providing the highest quality police services to all of our communities.” While the inventory of military equipment is varied, the mere possession of the equipment does not warrant its use for every incident.
Per California Assembly Bill 481, without the approval of National City Policy 706 and Procedure 706 the police department will be unable to equip police officers going into the field for community safety and service.
RECOMMENDATION
Staff recommends the Mayor and City Councilmembers approve the proposed National City Police Department Policy 706, titled “Military Equipment and the proposed Procedure 706 outlining the equipment officers from the can use in the course of their duties.
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NationalCityPoliceDepartment
7 0 6 PolicyManual
MilitaryEquipment
706.1 PURPOSE AND SCOPE
The purpose of thispolicyisto provide guidelinesforthe approval,acquisition,and reporting requirements of militaryequipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitionsrelatedto thispolicyinclude(Government Code § 7070):
Governing body — The elected or appointed body thatoversees the Department.
Militaryequipment — Includesbut isnot limitedto the following:
Unmanned, remotely piloted,powered aerialor ground vehicles.
Mine-resistantambush-protected (MRAP) vehiclesor armored personnel carriers.
High mobilitymultipurposewheeled vehicles(HMMWV), two-and-one-half-tontrucks, five—ton trucks,or wheeled vehiclesthathave a breaching or entryapparatus attached.
Tracked armored vehiclesthatprovideballisticprotectionto theiroccupants.
Command and controlvehiclesthatare eitherbuiltor modified to facilitatethe operationalcontroland directionof publicsafetyunits.
Weaponized aircraft,vessels,or vehiclesof any kind.
Batteringrams, slugs,and breaching apparatuses that are explosive in nature.This does not includea handheld, one-person ram.
Firearms and ammunition of .50caliberor greater,excluding standard-issueshotguns and standard-issueshotgun ammunition.
Specializedfirearms and ammunition of lessthan .50 caliber,includingfirearms and accessories identifiedas assaultweapons inPenal Code § 30510 and Penal Code § 30515, with the exception of standard-issuefirearms.
Any firearm or firearm accessory thatisdesigned to launch explosiveprojectiles.
Noise-flash diversionarydevices and explosivebreaching tools.
Munitions containingtear gas or DC, excluding standard, service-issuedhandheld pepper spray.
TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
Kineticenergy weapons and munitions.
Any otherequipment as determined by a governing body or a stateagency to require additionaloversight.
Copyright Lexlpol.LLC 2022102121. AllRights Reserved. “1* *4; Milita E Ui ment _ 1 Publishedwithpermissionby NationalCityPoliceDepartment D RAF T* W q P 215 of 379
NationalCityPoliceDepartment
PolicyManual
MilitaryEquipment
706.2 POLICY
Itisthe policyof the National City Police Department that members of thisdepartment comply withthe provisionsof Government Code § 7071 with respectto militaryequipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chiefof Policeshould designate a member ofthisdepartment toactas the militaryequipment coordinator.The responsibilitiesofthe militaryequipment coordinatorincludebut are not limitedto:
(a) Acting as liaisonto the governing body formatters relatedto the requirements of this policy.
(b) Identifyingdepartment equipment that qualifies as militaryequipment in the current possession of the Department, or the equipment the Department intends to acquire thatrequiresapproval by the governing body.
(c) Conducting an inventoryof allmilitaryequipment at leastannually. (d) Collaboratingwith any alliedagency that may use militaryequipment withinthe jurisdictionof NationalCityPoliceDepartment (Government Code § 7071). (e) Preparing for,scheduling,‘and coordinatingthe annual community engagement meeting to include:
1. Publicizingthe detailsof the meeting.
2. Preparing forpublicquestions regardingthe department’s funding,acquisition, and use of equipment.
(f) Preparing the annual militaryequipment reportfor submission to the Chief of Police and ensuringthatthe reportismade availableon the department website (Government Code§ 7072).
(9) Establishingthe procedure fora person to registera complaint or concern, or how that person may submit a question about the use of a type of militaryequipment, and how the Department willrespond ina timelymanner.
706.4 MILITARY EQUIPMENT INVENTORY
The followingconstitutesa listof qualifyingequipment forthe Department:
National City Police Department Procedures Manual: 706.2 Militam Eguipment InventOEy 706.5 APPROVAL
The Chief of Policeor the authorizeddesignee shallobtainapprovalfrom the governing body by way of an ordinance adopting the militaryequipment policy.As partof the approval process, the Chief of Policeor the authorized designee shallensure the proposed militaryequipment policyis submitted tothe governing body and isavailableon the department website at least30 days prior to any publichearing concerning the militaryequipment at issue (Government Code § 7071). The ACopyrightLexipol.LLC 2022/02/21.AllRightsResewed. Mi: Turk Milita E ui ment - 2 Publishedwith permissionby NationalCityPoliceDepartment D RAF W q p 216 of 379
NationalCityPoliceDepartment
PolicyManual
MilitaryEquipment
militaryequipment policymust be approved by the governing body priorto engaging inany ofthe following(Government Code § 7071 ):
(a) Requesting militaryequipment made availablepursuant to 10 USC § 2576a. (b) Seeking funds formilitaryequipment. includingbut not limitedto applyingfora grant, solicitingor accepting private,local,state,or federalfunds,in-kinddonations,or other donations or transfers.
(0) Acquiringmilitaryequipment eitherpermanently ortemporarily.includingby borrowing or leasing.
(d) Collaboratingwith another law enforcement agency inthe deployment or other use of militaryequipment withinthejurisdictionofthisdepartment. (e) Using any new or existingmilitaryequipment fora purpose, ina manner, or by a person not previouslyapproved by the governing body.
(f) Solicitingor responding toa proposalfor,orenteringintoan agreement with,any other person or entityto seek funds for,apply to receive,acquire,use, or collaborateinthe use of militaryequipment.
(9) Acquiringmilitaryequipment through any means not providedabove. 706.6 COORDINATION WITH OTHER JURISDICTIONS
O' 'U' 'I' U I I """" d" '
Specific guidelines for the use of militaryeguipment by alliedagencies is outlined in Procedure 706.
National City Police Department Procedures Manual: 706.1 MilitaryEguigment Procedures 706.7 ANNUAL REPORT
Upon approval ofa militaryequipment policy,the Chief of Policeor the authorizeddesignee should submit a militaryequipment reportto the governing body for each type of militaryequipment approved withinone year ofapproval,and annuallythereafterforas long as the militaryequipment isavailableforuse (Government Code § 7072).
The Chief of Policeor the authorized designee should also make each annual militaryequipment report publiclyavailableon the department website for as long as the militaryequipment is availablefor use. The reportshallinclude allinformationrequired by Government Code § 7072 forthe preceding calendar year foreach type of militaryequipment indepartment inventory. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submittingand publiclyreleasingthe annual report,the Department shallhold at leastone well-publicizedand convenientlylocatedcommunity engagement meeting, at which the Department should discuss the reportand respond to publicquestions regardingthe funding, acquisition,or use of militaryequipment.
7J
CopyrightLexipol.LLC 2022102121.AllRightsReserved. ”*DRAFF“ Military Equipment - 3 Publishedwithpermissionby NationalCityPoliceDepartment
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Procedure NationalCityPoliceDepartment
7 0 6 Procedures Manual
MilitaryEquipment Inventory
706.1 MILITARY EQUIPMENT PROCEDURES
PURPOSE
This golicy establishes guidelines for the acguisition,funding, use and reporting of "militam eguigment," as the term is defined in Government Code section 7070. This golicy is grovided to fulfillthe obligationsset forthin Assembly BillNo. 481. These obligationsinclude but are not limitedto seeking approval on sgecific items deemed to be militaLyeguipment and reguirements relatedto compliance, annual regorting,cataloging,and complaints regarding these items.
POLICY
Itisthe golicyof the National City Police Department thatthere are legallyenforceable safeguards, including transparency. oversight, and accountabi|ity measures in place to protect the public's welfare, safety,civilrights,and civillibertiesbefore militaryequipment isfunded. acguired, or used.
PHILOSOPHY
The acguisitionof militagyeguipment and itsdegloyment in our communities may impact the gublic'ssafetyand welfare.The publichas a rightto know about any funding,acguisition,or use of militagyequipment by localgovernment officials,as well as a rightto participateinany government agency's decision to fund, acquire.or use such eguigment. Decisions regarding whether and how militam eguigment isfunded. acguired, or used should give strong considerationto the public's welfare,safety,civilrights.and civilliberties.and should be based on meaningful public input.
PROCEDURE
A. DEFINITIONS
1. Governing Body — The elected or appointed entity that oversees the National City Police Department
2. MilitaLy Eguipment — Any of a wide variety of items as defined by California Government Code section 7070, subsections (c)(1)through (c)(16).
B. GENERAL
1. The Department shallobtain apgroval of the governing body annually priorto engaging in any of the following activities:
(a) Requesting milita[yeguigment made availableQursuant to Section 2576a of Title10 ofthe United States Code.
(b) Seeking funds formilita[yequipment including,but not limitedto,applyingfora grant. solicitingor accepting private.local.state,or federal funds. in-kinddonations, or other donations or transfers.
(0) Acguiring militamequipment eitherpermanently or temporarily,includingby borrowing or leasing. 4
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(d)
(e)
(f)
(b)
(a)
(b)
(a)
(b)
..ll.
Collaborating with another law enforcement agency inthe degloyment or other use of militaryeguipment within the territorialiurisdictionof the governing body.
Using any new or existing militaryeguigment fora purgose, in a manner, or by a person not previously approved by the governing body pursuant to general order.
Solicitingor responding to a proposal for.or entering intoan agreement with, any other gerson or entity to seek funds for,apply to receive, acguire, use. or collaborate in the use of, militaryeguipment.
Inseeking the approval of the governing body. the Department shallsubmit a proposed militag eguigment use policy,or subsequent amendments, to the City Council and the public via the law enforcement agency's internetwebsite at least 30 days priorto any public hearing concerning the militagreguipment at issue.
MILITARY EQUIPMENT USE CONSIDERATIONS
The militaryeguipment acguired and authorized by the Department is:
Necessary because there is no reasonable alternative that can achieve the same obiective of officer and civiliansafety.
Reasonably cost effective comgared to available alternatives that can achieve the same objective of officer and civiliansafety.
MilitaLy eguigment shall only be used by a Department employee after applicable training,including any course reguired by the Commission on Peace Officer Standards and Training, has been comgleted, unless exigent circumstances arise.
On occasion, the Degartment may be required to assist other law enforcement agencies in a formal Law Enforcement Mutual Aid Reguest (LEMA) or supgort with da to da 0 erational collaboration i.e. ursuits investi ative unitassistance 'oint law enforcement operations, etc.). In certain mutual aid or operational collaboration circumstances, itmay be necessam for sworn Department members to utilizemilitary eguigment in order to fulfillan assigned mission (i.e.civilunrest, SWAT reguests, barricaded suspects in a vehicle, etc.).When sworn Department members utilize militaryeguigment in instances of mutual aid or law enforcement collaboration,the followingshallapply:
Department members are reguired to adhere to the Degartment‘s MilitaryEguipment golicy and all golicies and procedures outlined within the National City Police Department's Policy and Procedures Manual, regardless of operational iurisdiction.
Should the National City Police Department reguest mutual aid from another law enforcement agency within the City of National City and militaryeguipment isreguired during the course of the response, the following shall aley:
The National City Police Department shall remain in charge of the overall incident command.
The Incident Commander or theirdesignee shallbriefthe sugervisor from the assisting agency and inform them of the mission, enforcement Qosture. and any pertinent information related to the incident.
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Militagyeguipment used by any member of this iurisdictionshall be aggroved for use and in accordance with thisDepartment policy.Militagyeguipment used by other iurisdictionsthat are groviding mutual aid to this iurisdictionshall comply with their resgective militagyeguipment use golicies in rendering mutual aid. Ifthe Incident Commander is informed of or witnesses the utilizationof militagyeguipment by an assisting agency inconsistent with the guidelines outlined in this procedure, the Incident Commander may elect to cancel the reguest for mutual aid or re-assign the assistingagency to a differentsupport mission.
MILITARY EQUIPMENT REPORTING CONSIDERATIONS
The Department shall submit an annual milita[yeguigment report to City Council that addresses each tyge of militagyeguipment possessed by the Department.
1. The Department shall also make each annual militagyeguipment report publicly available on itsinternet website for as long as the militagyeguipment is available for use.
The annual militagyeguipment report shall, at a minimum. include the following information for the immediately greceding calendar year for each type of militazy A summam of how the militagyeguipment was used and the gurgose of itsuse.
A summagy of any complaints or concerns received concerning the militazyeguigment.
The results of any internal audits, any information about violations of the military equipment use golicy, and any actions taken in response.
The total annual cost for each type of militam eguigment, including acguisition, personnel. training,transgortation,maintenance, storage, upgrade. and other ongoing costs, and from what source funds willbe provided for the militagyeguipment in the calendar year following submission of the annual milita[yeguipment report.
The Quantity possessed for each type of militam eguipment.
Ifthe Department intends to acguire additionalmilitagyequipment inthe next year, the Quantity sough for each type of militagyeguipment.
CATALOGING OF MILITARY USE EQUIPMENT
Allmilitagyuse eguipment kegt and maintained by the National City Police Department shall be cataloged in a way which addresses each of the following requirements:
The manufacturer's descrigtion of the eguipment.
The capabilitiesof the eguigment.
The purposes and authorized uses for which the Department proposes to use the mm
The expected lifesgan of the eguigment.
The fiscal impact of the eguigment. both initiallyand for on-going maintenance.
Lo
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7. The guantity of the eguipment, whether maintained or sought.
F. COMPLIANCE
1. The Department InternalAffairs Division willensure that all Department members comply with thispolicy.InternalAffairswillconduct an annual auditwith the assistance of the Range Staff.The Chief of Police or designee willbe notified of any policy violationsand, ifneeded. the violationls)willbe referred to the InternalAffairsand handled inaccordance with National City Police Degartment's Policy and Procedures.
Allinstances of non-comgliance willbe regorted to City Council via the annual militacy W
2. Any member of the Qublic can register a Question or concern regarding militaLyuse equipment by contacting the National City Police Department's InternalAffairsUnit.
3. Any member of the public can submit a complaint to any member of the Degartment and inany form (Le.in Qerson, teleghone, email, etc.1.Once the complaint isreceived, itshould be routed to the InternalAffairsUnit for investigation.
InternalAffairsUnit
1200 National City Boulevard
National City,California91950
(619)336-4481
4. Additionally,any member of the public can submit a comglaint to any member of the Communi and Police Relations Commission CPRC and inan form i.e.in erson telephone. email, etc.).Once the comglaint isreceived, itwillbe routed to the Internal AffairsUnit for investigation.
Cityof NationalCity- Community and PoliceRelationsCommission 1243 NationalCityBoulevard
NationalCity,California91950
(619)336-4241
GM
The Department shall seek council apgroval for militacyeguigment. including, but not limitedto, agplying for a grant, solicitingor accepting Qrivate,local.state,or federal funds, in-kind donations, or other donations or transfers.
1. The Degartment has authority to agply for funding Qriorto obtaining council approval in the case of exigent circumstances. The Department shall obtain council aggroval as soon as practicable.
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2. When the militam items are classified as "consumable ammunition or munitions," the National City-CityCouncil gives the police department priorapproval to purchase such items. This willbe granted without re-occurring aggroval for the following:
(a) When stocks of militagyeguipment thathas been previouslyauthorizedhave reached significantlylow levelsor are exhausted. the Department may re-sugply consumable items in order to reach an operational level. The Degartment may resugply the consumable items inthat calendar year without priorCity Council approval to maintain essential availablyforthe Department's needs.
H. MILITARY USE EQUIPMENT
1.0 UNMANNED AERIAL VEHICLES UAV'S AND ROBOTS
2.0 ARMORED PERSONNEL CARRIERS] MULTIPURPOSE WHEELED VEHICLES
3.0 FIREARMS /AMMUNITION OF.50 CALIBER OR GREATER
4.0 SPECIALIZED FIREARMS /AMMUNITION LESS THAN 50 CALIBER
5.0 EXPLOSIVE BREACH APPARATUS AND BREACHING ROUNDS
6.0 CHEMICAL AGENT PEPPER SPRAY OLEORESIN FILLED PROJECTILES PEPPER BALLS). SPECIALTY LESS LETHAL MUNITIONS, LIGHT/SOUND DIVERSIONARY DEVICE,
AMMUNITION
7.0 40MM LAUNCHERS AND LESS LETHAL BEAN BAG SHOTGUN
8.0 ADD|T|ONAL ITEMS
706.2 MILITARY EQUIPMENT INVENTORY
See attachment: AB 481 Draft Policy - Procedure 706 Final Draft For Approvalpdf <6Copyright Lexlpol.LLC 2022/02/16. AllRights Reserved. Hi: T*** Milita E uipment Inventory _ 5 Publishedwithpermission by NationalCityPoliceDepartment D RAF ry q 222 of 379
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Attachment
Procedures Manual
AB 481 Draft Policy - Procedure
706 Final Draft For Approval.pdf
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H. MILITARY USE EQUIPMENT
1.0 UNMANNED AERIAL VEHICLES UAV’S AND ROBOTS
2.0 ARMORED PERSONNEL CARRIERS/ MULTIPURPOSE WHEELED VEHICLES
3.0 FIREARMS /AMMUNITION OF .50CALIBER 0R GREATER
4.0 SPECIALIZED FIREARMS /AMlVfUNITION LESS THAN 50 CALIBER
5.0 EXPLOSIVE BREACH APPARATUS AND BREACHING ROUNDS
6.0 CHEMICAL AGENT, PEPPER SPRAY, OLEORESIN FILLED PROJECTILES (PEPPER
BALLS), SPECIALTY LESS LE'IHAL MUNITIONS, LIGHT/SOUND DIVERSIONARY
DEVICE, AMMUNITION
7.0 40MM LAUNCHERS AND LESS LETHAL BEAN BAG SHOTGUN
8.0 ADDITIONAL ITEMS
1.0 UNMANNED AERIAL VEHICLE (UAV) AND ROBOTS
DJI Phantom 4 PRO
Description SmallUAS quadcopter
tity
Capability Searchand rescue,exigentsearches,visualaidatlongdistance, tacticaldeployments
LifeS_nan N/A
Manufacturer’s An upratedcamera isequippedwitha l-inch20-megapixel Description sensorcapableof shooting4K/60fps video and Burst Mode stills at 14 fps.The adoptionof titaniumalloyand magnesimn alloy constructionincreasestherigidityof theairframeand reduces weight,making thePhantom 4 Pro similarinweighttothe
Phantom 4.The FlightAutonomy systemadds dualrearvision
sensorsand infraredsensingsystems fora totalof S-directionof obstaclesensin and 4-directionof obstacleavoidance.
Unmanned aerialsystemsmay be utilizedtoenhance the
department’smissionofprotectinglivesand propertywhen
othermeans and resourcesarenotavailableor arelesseffective.
Any use ofa UAS willbe instrictaccordancewith constitutional and privacyrightsand FederalAviationAdministration(FAA) regulations.
Authorized Trained and Certified Team Members
Usage
Costs InitialCost:$2,200perUAV (fullyoutfitted)
RecurringCosts:N/A
Maintenance Costs:$100.00 estimatedannually
Year Obtained:2018
How was itpurchased:GeneralFund
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Item Picture
Training Part107 Commercial License;On-duty FlightTraining Needed
DJI Mavic Pro
Description Small QuadcopterUAS
Quantity ]
Capability Searchand Rescue,ExigentSearches,VisualAid atLong Distance
LifeSpan N/A
Manufacturer’5
Description
The DJ IMavic Pro isa portabieand powerfuldrone witha 3- axisgimbal 4K camera,a max transmissionrangeof4.] mi (7 km) and a sophisticateddesign.
Purpose Unmanned aerialsystems may be utilizedto enhance the department’smissionof protectinglivesand propertywhen
othermeans and resourcesare not availableor are lesseffective.
Any use of a UAS willbe instrictaccordancewith constitutional and privacyrights,aswellas FederalAviationAdministration (FAA) regulations.
Authorized Trained and Certified Team NCPD / FD Members
Usage
Costs InitialCost:$1,500(fullyoutfitted)
RecurringCosts:N/A
Maintenance Costs:$100.00estimatedannually
Year Obtained:2018
How was itpurchased:Generalfund
Item Picture
T‘fiw wg‘}“
Training
Needed
Part1Comerial License;On-duty FlightTraining
IL
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Sky Hero Loki 2.0
Description Small UAS Quadcopter
Quantity 1
Capability Searchand rescue,exigentsearches,visualaidatlongdistances.
LifeSpan N/A
Manufacturer’ 5
Description
LOKI istheworld’sfirstpurposebuilttacticalUASi Designed
and builtinconjunctionwith severalof theworld’stopcounter terrorunits,LOKI Mk2 solvesvirtuallyallofthe problems
associatedwiththetacticaluse of commercial UAS
systems. LOKI isintended for close quarter,indoor and outdoor tacticalscoutingmissions,and featuresa highlysensitiveNight- Day + IR sensorcamera givingittheabilitytofly and see in completedarkness.
Purpose Unmanned aerialsystemsmay be utilizedtoenhance the department’smissionof protectinglivesand propertywhen
othermeans and resourcesarenotavailableor arelesseffective.
Any use ofa UAS willbe instrictaccordance with constitutional and privacyrights,as wellas FederalAviationAdministration (FAA) regulations.
Authorized Trained NCPD Members
Usage
Costs InitialCost:$12,000 (fullyoutfitted)
RecurringCosts:N/A
Maintenance Costs:$100.00 estimatedannually
Year Obtained:2021
How was itpurchased:Grant funded (SHSP)
Item Picture
Training In ServiceTraining
Needed
Avatar Robot
Description Small, tracked, remote controlled robot
Quantity 1
Capability Remote controlled,portabletrackedrobotcapableof assessing thedangersof a situationby itsabilityto maneuver through difficultterrainand providefeedbacktotheoperator.
LifeSpan N/A
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Manufacturer’s The AVATAR® enhancesthecapabilitiesof SWAT and tactical Description responseteams by allowingthem toquicklyand safelyinspect dangeroussituations.thereisno longera need tosend personnel inbeforeyou’ve had a chance toassessthesituation.
The AVATARQ saveslivesby keepingfirstrespondersoutof
harm's way, and itdoes so ata fractionof themice of other robots.The AVATAR® Robots areregardedby tacticalteams
as a standardoperationaltool.likea fu'ealmvehicle.01'pieceof body armor.
DepartmentsacrosstheUnited Statesand intemationallyare
usingtheAVATARm Robots.WiththeAVATARQ’S market
beatingaffordabilityand ease—of-use.so can you.
Purpose To safelyassessa situationfortacticaladvantageand protect lives
Authorized TrainedNCPD SWAT Team Members
Usage
Costs InitialCost:$21,000
RecurringCosts:N/A
Maintenance Costs:$100.00 estimatedannually
Year Obtained:2013
How was itBought:GeneralFund/GtantHomeland Security
Grant.
Item Picture
Training SWAT Team Training
Needed
.0 ARMORED PERSONNEL C ARRIERS/MULTIPURPOSE WHEELED
VEHICLES
_|
BallisticArmored TacticalTransport
Description BallisticAnnored TacticalTransport(BAIT) Vehicle - BATT vehiclesfeaturea high hard ballisticsteelhullbased on the Ford [4
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F-550 Super Duty commercial chassis.The conventionallayout of thevehiclehouses theengine inthefront,crew cab inthecenter and troopcompartment atrear.The forwardcabinof thevehicle isprotectedby a two-piecewind-shieldwithsun band.
BATT can supportfirstrespondersinany hazardous,highn'sk, orcriticalincidentwhich would benefit from havinga vehicle '' levelofballistic
Manufacturer’s
Description
The BA'IT vehiclescan be installedwith Spec Rest tactical shootingplatform on turretand doors.The compact and fully modularplatformallowstheinstallationof a wide rangeof guns inmultipletruckmounted locations.
The vehicleisfittedwithverticalbody panelsofferingLevelNIJ 111+(B6+) protection.The floor,roofand bonnet can be armored up toa levelofNH III(B6).Windows arefittedwithbullet-proof glass-cladpolycarbonatelaminates deliveringNIJ m ('36)
protection.The fuel tank is also equipped with additional protectionfeatures.
The armored solutionsof theBATT vehiclecan protectthecrew from multi-hit7.62mm ammunition and 5.56mm ammunition
includingMl93/SS 109 penetratorrounds.
The BATT vehicleis powered by 6.8L TritonV-lO gasoline
engine coupled to an electronic five-speed automatic
transmission.The vehicleis also ofl‘eredwith gas and diesel engines.The BATT vehicledemonstrateshighmobilityincross- countryconditions.The fourwheel drivevehicleisequippedwith
BATT isdesignedto cm 12-14Officers,dependingon sizeof
operatorsand amount of gear.The vehiclewas createdforlaw enforcement agenciesand tacticalteams to carry out rescue operationsina varietyof settings.
Authorized Trained NCPD Members
Usage
Costs InitialCost:$227,000
Re-OccurringCosts:N/A
Maintenance Costs:$1,000yearaverage.
Year Obtained:2013
How was itBought:Generalflmd/HomelandSecurityGrant.
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Training
Needed
In-ServiceTraining
Mobile Command Vehicle
Description Mobile Command Vehicle (MCV) isa custom-builtmobile command postvehiclewith multipleforms of communications abilityas well as Computer Aided Dispatch(CAD) capabilities.
The unitcan actas a mobile Emergency OperationsCenterinthe eventofan emergency.
Quantity 1
Capability As a mobile baseof operation,thesevehiclescontainspecialized command, control,and communications equipment to assistwith thismission.
LifeSpan 20+ Years
Manufacturer’s The MCV 36 feetlong,11 feettalland has a 250 horsepower Description dieselengine,hydraulicbrakesand a 60-gallonfueltank.Itis equippedwith fourflat-screentelevisions;satellitefeed;two DVD-VCRs; five policeradios;seven interiorphones and two exteriorphones;and a mounted polecamera thatcan extend
verticallyto 25 feet.
Purpose Mobile Command Vehiclesaretobe utilizedas an Incident Command Postforplannedor unplannedevents.
Authorized MCV usage must be requestedand approved throughthechain Usage of command and drivenby trainedNCPD Members
Costs InitialCost: $340,000
Re-Occurring Costs:N/A
Maintenance Costs:$1,000 / year— estimatedcost
Year Obtained: 2009
How was itBought: GeneralFunds/Homeland SecurityGrant
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Training
Needed
In-ServiceTraining
CrisisNegotiationsTeam Van
Description 2020 Ford Transit3500 Custom Build-out
Quantity 1
Capability Command Vehicleisa mobile command vehiclethathousesthe Command and Control element for Emergency Negotiators
during a criticalincident.The vehicle is equipped with
communications equipment to assistwith the mission.
Life Span The CNT vehiclehas a 30-yearlifespanon a chassisand vehicle.
Manufacturer’s 2020 Ford TransitCargo Van - Automatic emergency braking; Description Auto high-beam headlights;Rain-sensingwipers;3.5-iiterV6 engine; Rearview camera, Custom build-outwith floor to roof cabinets,and radio communications.
Purpose To be utilizedforcriticalincidentcalloutsforCrisis Negotiations.
Authorized TrainedNCPD /CNT Members
Usage
Costs InitialCost:$138,000
Re-OccurringCosts:Maintenance Costs
Maintenance Costs:N/A
Year Obtained:2021
How was itBought:GeneralFund
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Training In-ServiceTraining
Needed
SkyWatch
Description SkyWatch PortableObservationTower
Quantity 1
Capability Portable and rapidly deployable, it provides a strategic perspectiveand symbolicdeterrent.Customize payloadwithpan- tiltIR,nightvision,visible-lightcameras,in-cabcontrols,ground radar,monitors, and NVR, and searchlights.Designed for crowd control,high-crime area monitoring, and missing person
command post.
LifeSpan 20+ Years
Manufacturer”5
Description
Height:Max Height(ExcludingCameras) -Cab Deployed 30’ 6” Generator: Diesel with 78 Gallon Tank OR Gasoline with 20 GallonEVAP Tank Shore Power: StandardAllSteelConstruction LED Flood Lights Air Conditioning/HeatingCommand Desk
LED Flood Lights On All 4 Sides of the Cab ElectricalOutlets insideCab and OperationalCompartment DigitalWind Speed
Meter (withstandswinds up to 40MPH) Under Cab Safety
Camera Limousine Tinton allwindows Rugged liftdesignwith robustsupportoutriggers
Purpose Parking Lot Surveillanceand Detection PerimeterProtection High Crime Area Monitoring Major Venue Crowd Control
Missing Person Command FlightLine ProtectionGate Over
Watch PerimeterProtectionHigh Value Equipment Protection Authorized Trained NCPD Members
Usage
Costs InitialCost:$230,000
Re-OccurringCosts:N/A
Maintenance Costs:$250.00— $500.00estimatedcosts
annually
Year Obtained:2021
How was itBought:UASI GrantFund
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hr
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Training In-ServiceTraining
Needed
.0 FIREARMS /AMIVIUNITION OF .50C ALIBER OR GREATER I
Not Applicable
& SPECIALIZED FIREARMS/AMMUNTTION LESS THAN .50CALIBER I
Descri tion
Quantity
Capability The ColtM4 Carbineisa lightweight.magam'ne-fed,gas- operatedrifleinstandardconfiguration.
LifeS an N/A
Manufacturer's Throughout theworld today.C olt'sreliability.pelformance.
Description and accuracyprovideour Armed Forcestheconfidence requiredto accomplish any mission.Colt'sLE6920 series
sharesmany featuresofits combat-proveubrother.theC olt
M4.
The M4 C arbiuecan stopthreatsof greatbodilyinjuryor
deathatcloseand intermediateranges.The M4 platformis
capableof firingmore accuratelyand quickerthana pistol
whileholdingmore roundsinthemagazine and havingbetter
ballisticqualities.
Authorized Department personneltrainedand qualifiedinitsuse Usage
Costs Unit C ost:$1500.00
Re-Occm'ringC osts:N/A
Maintenance C osts:$100.00 estimatedannual costper unit Year Obtained:2012 -2018
How was itBought: Generalfunds
TrainingNeeded POST Cenified PatrolRifle C ourse:YearlyDepartment Rifle lalificatious
Colt M4 Carbine CQE _l
Purpose
'-I
Item Picture
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Description Colt Manufacturing LLC, M4 Carbine Rifle (223/556)
Quantity 15
Capability The ColtM4 Carbineisa lightweight,magazine-fed,gas- operatedriflewithboth semi and fullautomaticconfiguration.
LifeSpan N/A
Manufacturer’s Throughout theworld today,Colt'sreliability.performance, Description and accuracyprovideour Armed Forcestheconfidence requiredtoaccomplishany mission.Colt'sLE6920 series
sharesmany featuresof itscombat-provenbrother,theColt
M4.
Purpose The M4 Carbinecan stopthreatsof greatbodilyinjuryor deathatcloseand intermediateranges.The M4 platformis
capableof firing more accuratelyand quickerthan a pistol while holding more rounds inthe magazine and having better ballisticqualities.
Authorized NCPD SWAT Team Members
Usage
Costs InitialCost:$1,500
Re-OccurringCosts:N/A
Maintenance Costs:$100.00 estimatedannual costper unit
Year Obtained:2012-2015
How was itBought:Generalfunds
Item Picture
TrainingNeeded
SWAT Academy; In-ServiceTraining;QuarterlyDepartment
Rifle Qualifications
Daniel Defense V4S Rifle (toreplacethecurrentM4 Rifles0n SWAT)
Description Daniel Defense DDM4V7S 11.5”,selectfire, 5.56mm, selectfire with M-LOK railCarbine Rifle (223/556)
Quantity 16
Capability The DanielDefense V4S Carbineisa lightweight,magazine-fed, gas-operatedriflewithboth semi and fullautomatic
configuration.
LifeSpan N/A
Manufacturer‘s The DDM4V7S AR15 stylefirearm featurestheMFR 10.0 Description
M-LOK railand isbuiltaround a freefloating,coldhammer
forged11.5inchbarrel.
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Purpose The Carbinecan stopthreatsof greatbodilyinjuryor deathat closeand intermediateranges.The platformiscapableof
firing more accuratelyand quickerthan a pistolwhile holding more roundsinthemagazine and havingbetterballistic
qualities.
Authorized NCPD SWAT Team Members
Usage
Costs InitialCost:$2,200.00
Re-OccurringCosts:N/A
Maintenance Costs:$100.00 estimatedannualcostperunit
Year Obtained:2022
How was itBought:Generalfunds
Item Picture
SWAT Academy; In—ServiceTraining;QuarterlyDepartment
TrainingNeeded
Rifle Qualifications
Remington 700 Rifle
Description Remington 700 .308Cal Rifle
Quantity 6
Capability Long Range PrecisionShooting
LifeSpan N/A
Manufacturer’ It‘sthenumber one bolt—actionof alltime,proudlymade inthe 5 Description USA. For over 50 years, more Model 7005 have been sold than any otherbolt-actionriflebeforeor since.The legendary
strengthof its3—rings-of-steelreceiverpairedwith a hammer- forgedbarrel,combine to yieldthemost popularbolt—actionrifle inhistory.
Purpose The Remington 700 isan accuraterifleforprecisionshooting.
These riflesareequippedwithmagnified opticsand can be
utilizedtotakeprecisionshotsatintermediateto longranges.
The .308caliberbulletitshootsisalsobiggerand heavierthana typical.223caliberbulletfrom an AR-IS which means itwill penetrateintermediatebarrierslikeglasswith much less
deflection.
Authorized
Usage
NCPD SWAT SniperTeam Member
Costs
InitialCost:Unitcost$999.95
Re-OccurringCosts:N/A
Maintenance Costs:$100.00 estimatedannualcostper unit
Year Obtained:2008
How was itBought:Generalfunds
Z l
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Training
Needed SWAT Academy; CertifiedSniper Course
Accuracy International AT (toreplacetheRemington 700 Rifles)
Description .308Accuracy InternationalAT BoltAction Rifle Quantity 2
Capability Long Range PrecisionShooting
LifeSpan N/A
Manufacturer’s
Description
The AT (Accuracy Tactical)continuesthe legacy of the combat proven AW308 and takestheAW tonew levels.The AIAT has a 20vinch quick change barreland a f01dingstock.The AT isideal forLaw Enforcement and civilianusers.
Purpose The AIAT isan accuraterifleforprecisionshooting.These rifles areequipped with magnified opticsand can be utilizedto take precisionshotsatintermediateto longranges.The .308caliber bulletitshootsisalsobiggerand heavierthana typical.223
caliberbulletfrom an AR-I 5 which means itwillpenetrate intermediatebarrierslikeglasswith much lessdeflection.
Authorized NCPD SWAT SniperTeam Member
Usage
Costs UnitCost:$433250
Re-OccurringCosts:$1000 every5 years.
Maintenance Costs:$100.00 estimatedannualcostperunit
Year Obtained:2020
How was itBought:Generalfunds
Item Picture
Lumi.‘ _V . v, fi,,,,4, W #
Training
Needed BasicSWAT Academy; CéfiifiehSrTipeTSchool
2/»
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.0 EXPLOSIVE BREACHING APPARATUS AND EXPLOSIVE
BREACHING ROUNDS
5.1 Branching Shotgun Rounds
CTS Shotgun Breaching Rounds
Description CTS 2570 12 gauge breachingrounds
Quantity 170
C apability Capable of defeatinglocks.deadboltlocks,hingesand othertype of doorway entryhardware
LifeSpan Consumable itemreplacedasneeded
Manufacturer‘s 12-gaugefrangibleslugto disruptlockingmechanisms and Description hinges,defeatand breachextemaland iutemaldoors.
Purpose Used todefeatlocks,deadbolts.hingesand othertypesof dooxway hardware and lockingmechanisms. both innerand
outerdoors.
Authorized NCPD SWAT Team
Usage
Costs InitialC 0st:$8.99perImit _'
Re-Occum'ng Costs:consumable item replacedas needed
Maintenance C osts:N/A
Year Obtained: 1997 - 2021
How was itBought: Generalfunds
Item Picture
SWAT Academy‘ C ertifiedBreachingCourse,SWAT In-
ServiceTraining _'
TrainingNeeded
.0 CHEMICAL AGENTS, PEPPER SPRAY, OLEORESIN FILLED
PROJECTILES, SPECIALTY LESS LETHAL MUNITIONS,
LISGHT/SOUND DIVERSIONARY DEVICE, AMMUNITION
I Spede Heat CS Gas Grenade
Descn'ption Defense Technology. Speed-Heat Continuous Discharge Grenade. C S
Quantity 109
,M
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Capability Can be hand thrown,deployedviarobot,launched,placedintoa Gas Ram, Burn Safe and Munitions Pole
LifeSpan 5-yearmanufacturerwarranty
Manufacturer’s The Spede-HeatCS Grenade isa high-volumecontinuousburn Description device.Itexpelsitspayloadinapproximately30-40 seconds.
The payloadisdischargedthroughfourgasportson topof the
canister,threeon the sideand one on the bottom. This
launchablegrenadeis6.12inchesby 2.62inchesand holds
approximately81.2gof CS chemicalagent.
To safelyresolvecriticalsituationssuch as violentcivilunrest and high-risktacticaloperations.
Authorized NCPD SWAT Team
Usage
Costs InitialCost:$25.00perunit
Re-OccurringCosts:N/A
Maintenance Costs:Consumable item replaceas needed
Year Obtained:2020
How was itBought: Generalfunds
Purpose
Item Picture
Training SWAT Academy; Chemical Agents Instructor’sCourse Needed
Han-Ball CS Grenade
Capability Can be hand thrown,deployedviarobot,launched,placedintoa GasRam, Burn Safe and Munitions Pole
LifeSpan 5-yearmanufacturerwarranty
Manufacturer’s The Han-BallCS Grenade isan outdoorusegrenadeexpellingits Description payload inapproximately15-20 seconds.The rubberballround has an overallsizeof 4.8 in.tall,includingthe fuse head, and 3.1 in.diameter.
This launchablegrenade holdsapproximately45.5g of CS chemical agent,which isexpelledthroughthreeportsaroundtheequatorofthe ball.
Purpose To safelyresolvecriticalsituationssuch as violentcivilunrest — and high-risktacticaloperations.
Usage
Costs InitialCost:$34.50costperunit
Re-OccurringCosts:N/A
Maintenance Costs: consumable item re -lace as needed
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Year Obtained:2020
How was itBought:Generalfunds
Item Picture
Training Swat Academy, CertifiedChemical Agents Instructor’sCourse Needed
5230B CS Baffled Canister Grenade
Description CTS, 5230B — CS Baffled canisterGrenade,Pyro,Low Flame Potential
Quantity 10
Capability Can be hand thrown,deployedviarobot,launched,placedintoa Gas Ram, Burn Safe and Munitions Pole
LifeSpan 5-yearmanufacturerwarranty
Manufacturer’s The 52308 pyrotechnicgrenade isdesigned forindoor use deliveringa Description maximum amount of irritantsmoke throughout multiplerooms with minimal riskof fire.
Purpose To safelyresolvecriticalsituationssuchasviolentcivilunrestand high-risktacticaloperations.
Authorized NCPD SWAT Team
Usage
Costs InitialCost:$37.00perunit
Re—OccurringCosts:N/A
MaintenanceCosts:consumable itemreplaceas needed
Year Obtained:2020
How was itBought: General funds
Item Picture
Training Basic SWAT Academy; Chemical Agent InstructorCourse Needed
40mm CS Ferret Liquid Rounds
Description Defense Technology,Ferret40mm LiquidBarricadePenetrator Round, CS
Quantity 8
Capability Can be launchedviaa 40mm launcher.
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LifeSpan 5-year manufacturer warranty
Manufacturer’5
Description
The Ferret40mm Round isnon-buming and suitableforindooruse.
Used primarilyby tacticalteams, itisdesigned to penetratebarriers, such as windows, hollow core doors, wallboard and thin plywood.
Uponimpacting the barrier,the nose cone rupturesand instantaneously deliversa small chemical payload insideof a structureor vehicle.
In a tacticaldeployment situation,the 40mm F erretisprimarilyused to dislodgebarricadedsubjectsfrom confined areas.Itspurpose isto minimalizetherisksto allpartiesthroughpaincompliance,temporary discomfortand/or incapacitationof potentiallyviolentor dangerous subjects.
Purpose To safelyresolvecriticalsituationssuchasviolentcivilunrestand high-risktacticaloperations.
Authorized NCPD SWAT Team
Usage
Costs InitialCost:$23.00perunit
Re-OccurringCosts:N/A
MaintenanceCosts:consumable itemreplaceas needed
Year Obtained:2020
How was itBought:Generalfunds
Item Picture
mm
u-uuu-
BasicSWAT Academy; Chemical Agent Instructor’sCourse
Training
Needed
Flameless Tri-Chamber CS Grenade
Description Defense Technology, FlamelessTri-Chamber CS Grenade Quantity 101
Capability InternalBum Safe(flameless);Indoor/AtticUse
Life Span 5-yearmanufacturerwarranty
Manufacturer’s The designoftheTri-Chamber FlamelessCS Grenade allows Description the contentsto burn withinan internalcan and dispersethe agent safelywith reducedriskof fire.The grenadeisdesigned
primarilyforindoortacticalsituationsto detectand/ordislodgea barricadedsubject.
Purpose To safelyresolvecriticalsituationssuch as violentcivilunrest and high-risktacticaloperations.
Authorized NCPD SWAT Team
Usage
Costs InitialCost:$47.00 perunit
Re—OccurringCosts:N/A
ZU‘
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Maintenance Costs:consumable itemreplaceas needed
Year Obtained:2020
How was itBought:Generalfunds
Item Picture
.42,
Training Basic SWAT Academy and Chemical Agent InstructorCourse Needed
0C Aerosol Grenade Fogger
Description Defense Technology,OC AerosolGrenade 1.3% Fogger,1 oz./ 6 02.
Quantity 2
Capability Can be hand thrown or hand held
LifeSpan 5-yearmanufacturerwarranty
Manufacturer’s The 1 oz./6 02.OC AerosolGrenade willdeliveritspayloadof Description 1/3% MC% DC in 15-20seconds.This isan anatomizedmist which enhancesthepungent 1.3% DC formulation.Idealforarea denial areas likeattics,garages,etc.This device has minimum cleanup.The canistermay alsobe handheldto directthespray pattern.This productisdesignedtoprovideroom clearingability withminimum clearup requirements.
Purpose To safelyresolvecriticalsituationssuch as violentcivilunrest and high-risktacticaloperations.
Authorized NCPD SWAT Team
Usage
Costs InitialCost:$17.00perunit
Re-Occurring Costs:N/A
Maintenance Costs:consumable itemreplaceas needed
Year Obtained:2020
How was itBought:Generalfunds
Item Picture
Training
Needed BasicSWAIT Academy and In-ServiceTraining
0C Vapor Aerosol Grenade
X7
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DescriptionQuantity
Capability
LifeSpanManufacturer’s The DefenseTechnology 0C Vapor AerosolGrenade isforlaw Description enforcementand correctionsuse todelivera high concentration of OleoresinCapsicum (0C) ina powerfulmist.The grenadeis designedforindooruse inconfined areasand once deployed,
inflamesthemucous membranes and exposed skinresultinginan intenseburningsensation.The incapacitatingeffectofthe0C Vapor on thesubjectisdramaticyetrequiresminimal
decontamination.Removing thesubjectfrom theaffectedareato freshairwillresolverespiratoryeffectswithinminutes.The OC Vapor Aerosol Grenade isidealforcellextractionsorbarricade situationswhere theuseofpyrotechnic,powder or liquiddevices isnotpracticalor desired.
To safelyresolvecriticalsituationssuch asviolentcivilunrest and high-risktacticaloperations.
Authorized NCPD SWAT Team
Usage
Costs InitialCost:$43.00perunit
Re-Occurring Costs:N/A
MaintenanceCosts:consumable itemreplaceas needed
Year Obtained:2020
How was itBought: Generalfunds
Purpose
Item Picture
Training
Needed
Pepperballs
Manufacturer’s PepperBall:Our most potentand powerful concentrationof Description PAVA pepper powder. Once round of LIVE-X containsthe equivalentPAVAirritantchemicalagentin 10 regular
PepperBallLIVE rounds.
To safelyresolvecriticalsituationssuch as violentcivilunrestor high-risktacticaloperations.
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Authorized TrainedNCPD Members
Usage
Costs InitialCost:$1,119.00per container(375 count)
Re-OccurringCosts:consumable itemreplaceas needed
Maintenance Costs:N/A
Year Obtained:2000-2021
How was itBought: Generalfund
Item Picture
Training 1n—ServiceTraining;Annual Department Qualifications Nebded
Pepperball Glass Breaker
Description PepperballGlass BreakerProjectile,.68caliber Quantity 100
Capability This isa hard projectilewhich isused to breakwindows of vehiclesand residences.
LifeSpan 3 years
Manufacturer’s
Desc
Glass Breaker
Used tobreaksideglassof vehiclesand residentialglass
windows.
Product Features:
Ultrasonicallywelded
Shellcolorindicatespayload
Not to be used on humans or animals
100% waterproof
Operationalinalltemperatures
Non-flammable
Available in 10, 100
Made inthe USA
Purpose This isa hardprojectilewhich isused to breakwindows of vehiclesand residences.
Costs InitialCost:$290 percontainerof 100 rounds
Re-OccurringCosts:Consumable itemreplaceas needed
Maintenance Costs:N/A
Year Obtained:2000-2021
How was itought: Generalfunds
Item Picture
J1
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Training In-ServiceTraining;Annual Department Qualifications
Needed
Sting—BallGrenades
Description CTS, Model #9590 Sting-BallMulti-EffectGrenades Quantity 4
Capability Primarilyused forcrowd controlinindoorand outdoor situations.
LifeSpan 5-yearmanufacturerwarranty.
Manufacturer’s Multi-effectgrenadeswitha loudblast,brightflash and Description dispersionof stinging.31caliberpellets.Can alsobe configured todispensean instantaneouscloudof irritantpowder.
Purpose To safelyresolvecriticalsituationssuch as violentcivilunrestor high-risktacticaloperations.
Authorized NCPD SWAT Team
Usage
Costs InitialCost:$46.00perunit
Re-OccurringCosts:consumable itemreplaceas needed
Maintenance Costs:N/A
Year Obtained:2015-2021
How was itBought:Generalfunds
Item Picture
Training BasicSWAT Academy
Needed
Low Roll 11DistractionDevice
Description Defense Technology,Low RollII,11-Gram Non Reloadable DistractionDevice
Quantity 14
Capability This intermediatelesslethalspecialtymunitionallowsforsound diversionduringtacticaloperationswhich allowsfortactical advantage during high-risksituations.
LifeSpan 5-yearmanufacturerwarranty
Manufacturer’s
Description
The 1 l-Gram Low Roll II® Non—Reloadable Distraction Device, High Humidity utilizesan M201A1 type fusewith Hex design steelbody. This compact versionof the 8933 Low Roll
DistractionDevice body isthenewest versionofthe first
reusablenon-burstingcanistersthatlimitsmovement and rolling once deployed
Purpose
To safelyresolvecriticalsituationsduringhigh-risktactical operations.
$0
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Authorized NCPD SWAT Team
Usage
Costs InitialCost:$50.00perunit
Re-OccurringCosts:consumable itemreplaceas needed
MaintenanceCosts:N/A
Year Obtained: 2015-2021
How was itBought: General funds
Item Picture
Training Basic SWAT Academy
Needed
CS Triple-Chaser
Description Defense Technology,Triple-Chaser,SeparatingCanisterCS Quantity 50
Capability This grenadecan be hand thrown or launchedfrom a delivery system.
Life Span 5-yearmanufacturerwarranty
Manufacturer’s The Triple-Chaserconsistsof threeseparatecanisterspressed Description togetherwith separatingchargesbetween each.When deployed, thecanistersseparateand landapproximately20 feetapart
allowingincreasedareacoverageina shortperiodoftime.This grenadecan be hand thrown or launchedfrom a fired delivery system.The grenadeis6.5in.by 2.7in.and holdsan
approximately3.2oz.of activeagentpayload.Ithas
approximateburn time of20-30 seconds.
Purpose To safelyresolvecriticalsituationssuch as violentcivilunrestor high-risktacticaloperations.
Authorized NCPD SWAT Team
Usage
Costs InitialCost:$50.00perunit
Re-OccurringCosts:consumable itemreplaceas needed
Maintenance Costs:N/A
Year Obtained:2015-2021
How was itBought:Generalfunds
Item Picture
3i
Training
Needed Basic 'S—WAT Academy; Chemical Agents Instructor’sCourse
51 245 of 379
40mm Foam Baton Round
Description Defense Technology,MultipleFoam Baton Round Quantity _Capability Can be launchedviaa 40mm launcher.
LifeSpan 5-yearmanufacturerwarranty
Manufacturer’s The 40 mm MultipleFoam Baton Round ismost widelyused as Description a crowd management toolwhere stand-offdistancesarelimited.
Itmay alsoprovevaluableinriotsituationswhere policelines and protestorsareincloseproximity.The round containsthree foam projectiles.Itutilizessmokelesspowder and hasmore
consistentvelocitiesand tighterpatternscompared to its37 mm counterpart.The foam projectileallowsforcloserdeployment, whileminimizinginjury.0 o I o o c o n
-Purpose To safelyresolvecriticalSituationsduringhlgh risktactlcal
operations.
Usage
Costs InitialCost:$30.00perunit
Re-OccurringCosts:consumable item replaceas needed
Maintenance Costs:N/A
Year Obtained:2021
How was itBought:Generalfunds
Item Picture
Training Basic SWAT Academy
Needed
40mm Sponge Baton Rounds
Manufacturer’s The Model 4557 Sponge Baton isa spin-stabilizedprojectile Description deliveringblunttraumaeffect.Althoughitisextremelyaccurate and consistent,accuracyisdependenton thelauncher,using
Open sightsvs.an improved sight,environmentalconditions,and theoperator.Effectivenessdepends on many variables,such as Purpose To safelyresolvecriticalsituationssuch as crowd controlduring Usage
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Costs InitialCost:$36.00perunit
Re—OccurringCosts:consumable itemreplaceas needed
Maintenance Costs:N/A
Year Obtained:2018—2021
How was itBought:Generalfunds
Item Picture
Training Basic SWAT Academy
Needed
HC Smoke Canister
Description Defense Technology,Maximum HC Smoke Military-Style Canister
Quantity 5
Capability Can be hand thrown, deployed via robot,launched,or placed intoaMunitions Pole
LifeSpan 5-yearmanufacturerwarranty.
Manufacturer’s The Military-StyleMaximum Smoke Grenade comes from the Description Defense Technology #3 smoke grenade.Itisa slow burning, highvolume, continuousdischargegrenadedesignedforoutdoor use incrown management situations.Emits grey-whitesmoke only forapproximately1.5to2 minutes.
Purpose To safelyresolvecriticalsituationssuch as violentcivilunrest and high-risktacticaloperations.
Authorized NCPD SWAT Team
Usage
Costs InitialCost:$25.00 perunit
Re-OccurringCosts:consumable item replaceas needed
MaintenanceCosts:N/A
Year Obtained:2015-2021
How was itBought: General funds
Item Picture
Training BasicSWAT Academy
Needed
40mm Exact Impact Sponge Rounds
Description Defense Technology, Exact Impact 40mm Standard Range Sponge Round
Quantity 12
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Capability This intermediatelesslethalspecialtymunitionallowsfordirect impactfrom a minimum rangeof 5ft./1.Sm outto a maximum
effectiverange131ft/40m.
LifeSpan 5-yearmanufacturerwarranty
Manufacturer’s
Description
The Exact Impact40mm sponge round isa point-of-aim,point- of-impactdirect—fireround.This lightweight,high-speed
projectileconsistingof a plasticbody and sponge nose thatis spinstabilizedvia the incorporatedriflingcollarand the 40mm launcher‘srifled barrel.Theround utilizessmokeless powder as the propellant,and, therefore,have velocitiesthat are extremely consistent.Used for crowd control,patrol,and tactical
applications.
Purpose To safelyresolvecriticalsituationssuch as crowd controlduring riotoussituationsand high-risktacticaloperations.These are necessarybecausethereisno reasonablealternativethatcan
achievethesame objectiveof officerand civiliansafety/will safeguardthepublic’swelfare,safety,civilrights,and civil liberties.
Authorized
Usage
NCPD SWAT Team
Costs InitialCost:$20.00perunit
Re-OccurringCosts:consumable itemreplaceas needed
Maintenance Costs:N/A
Year Obtained:2015-2021
How was itBought:Generalfunds
Item Picture
BasicSWAT Academy; In-ServiceTraining
Training
Needed
12 Gauge Less Lethal Munitions
Description Safariland12 Gauge Drag StabilizedRound
Quantity 32] Rounds
Capability This intermediatelesslethalspecialtymunitionallowsfor directimpactfrom a minimum rangeof20fi, outto a maximum
effectiverangeof75ft.
LifeSpan 5-yearmanufacturerwarranty
Manufacturer'5
Description
The 12-Gauge Drag StabilizedRound iscomprisedofa
translucent12-Gauge shellloadedwith a 40 gram, tearshaped bag made from a cottonand ballisticmaterialblendand filled with#9 shot.Thisdesignutilizesfour(4)stabiliziggtails.
M
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Purpose To safelyresolvecriticalsituationssuch as crowd control duringriotoussituationsand high-risktacticaloperations.
These arenecessarybecausethereisno reasonablealternative thatcan achievethe same objectiveof officer and civilian safety/willsafeguardthepublic’swelfare,safety,civilrights, and civilliberties.
Costs InitialCost:$4.75perbox ofS rounds
Re-OccurringCosts:Consumable itemreplaceas needed
MaintenanceCosts:N/A
Year Obtained:2021
How was itbought:GeneralFunds
Item Picture r a 1% mums ; I“Am“ 3027 LOT‘WE
12GAMSTW m. 5 count MFG 201B
Training In-ServiceTraining
Needed
12 Gauge Rifled Slug
Description 12 Gauge Hollow PointRifledSlug
Quantity 950 Rounds
Capability Gauge 12 Gauge
BulletWeight 438
BulletStyle Rifled Hollow PointSlug
Muzzle Velocity 1610
Type Lead
Shot Charge 02 1
Shot shellLength 2-3/4in./70mm
BallisticCoefficient .110
Package Quantity 5
LifeSpan N/A
Manufacturer’s 12 Gauge
Description 1,610Feet per second
438 Grain rifledhollow pointslug
5 Rounds perbox
2-3/4Inchshotshell
Purpose To safelyresolvecriticalsituationsand conducthigh-risk tacticaloperationswhile using high qualityaccurateand
reliableammunition.
Costs InitialCost:$7.99 perbox ofS rounds
Re-Occurring Costs:Consumable item replaceas needed
Maintenance Costs:N/A
/
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Year Obtained: Unknown
How was itbought:General funds
Item Picture
Training San Diego RegionalLaw Enforcement Academy
Needed
12 Gauge Low Recoil Rifled Slug
Description FederalPremium 12ga TruballLow RecoilRifledSlug HP Quantity 160 Rounds
Capability Gauge 12 Gauge
Muzzle Velocity 1600
BulletStyle TruBallHollow PointSlug
BulletWeight 438
Type Lead
Shot Charge 02 1
ShotshellLength 2-3/4in‘/ 70mm
BallisticCoefficient .063
PackageQuantity 5
LifeSpan N/A
Manufacturer’5
Desc
The FederalPremium TruBall isthe most consistent
smoothbore slug0n themarket,capableof groupsas tightas
1.4inch at50 yards.The TruBall system locksthe components together,centerirfiandpushingtherifledslugoutofthebarrel
Purpose To safelyresolvecriticalsituationsand conducthigh-risk tacticaloperationswhileusinghigh qualityaccurateand
reliableammunition.
Costs InitialCosts:$7.99per box 0f5 rounds
Re-Occurring Costs: Consumable item replaceas needed
Maintenance Costs:N/A
Year Obtained:2021
How was itbought:Generalfunds
Item Picture
um...1twunauKm
Training
Needed San Diego Regional Law Enforcement Academy
w
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.223 Rifle Ammunition
Description FederalAmmunition American Eagle
Quantity 27,440 Rounds
Capability Caliber 223 Rem
BulletWeight 55
BulletStyle FullMetal JacketBoat-Tail
Muzzle Velocity 3240
BallisticCoefficient .269
BulletLength In 0.735in./[8.66mm
Usage TargetShooting
LifeSpan N/A
Manufacturer’5
Desc
American Eagle rifleammunition offersconsistent,accurate performanceata pricethat'sperfectforhigh-volume
shooting.The loadsfeaturequalitybullets,reloadablebrass casesand dependableprimers.
Idealfortargetpractice
Accurate and reliable
Consistentprimers and brass
Purpose MaintainingPerishableMarksmanship Skills
Costs InitialCost:$205.64 percaseof 500 rounds
Re-OccurringCosts:Consumable itemreplaceas needed
MaintenanceCosts:N/A
Year Obtained:2021
How was itbought:Generalfunds
Item Picture
TrainingNeeded In-ServiceTraining
.223 Rifle Ammunition
Description Speer LE Gold Dot Duty Ammunition
Quantitl 15,000 rounds
Capability SpeerAmmunition
LE Duty Gold Dot
Caliber:.223 Remington
Bulletweight62 grain
BulletStyle:Gold Dot SoftPoint
Casing:NickelPlatedBrass
Muzzle Velocity:3000 FPS
Quantity:20 rounds per box
5’]
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LifeSpan N/A
Manufacturer’s
Description
Spear LE .223REM 62 Grain Gold Dot Duty Rifle
Ammunition isdesignedtodeliverthehigh performance
today‘slaw enforcement officer’sdemand. Each Gold Dot
bonded-corebulletisindividuallyengineeredtoprovide
shot-to-shotuniformityand ensure optimum performance
when fired through a varietyof barriers.The processof
joiningthejacketand core one molecule ata time eliminates the potentialforthe leadingcause of bulletfailure—
jacket/coreseparation.Italsoensuresimpressiveweight
retentionthrough barriersas tough as auto—glass.Exact
tolerancesand unprecedentedbulletuniformityofjacket
thicknessgive Gold Dot rifleloads outstanding accuracy. In addition,theseloadsfeatureflash suppressedpropellants
and a muzzle velocityof up to 3000 fps.
Purpose To safelyresolvecriticalsituationsand conducthigh-risk tacticaloperationswhileusinghighqualityaccurateand
reliableammunition.
Costs InitialCost:$699.99 per case of 500 rounds
Re—OccurringCosts:Consumable itemreplaceas needed
Maintenance Costs:N/A
Year Obtained:2022
How was itbought:Generalfunds
Item Picture
TrainirgNeeded In-ServiceTraining
.308 RifleAmmunition
Description .308caliberammunition
Quantity 2000 rounds
Capability . Caliber:308 Win
. BulletWeight: 168
0 BulletStyle:SierraMatch kingBoat—TailHollow Point
0 Muzzle Velocity:2650
. BallisticCoefficient:0.462
. Package Quantity:20
. Use:TargetShooting
Life Span N/A
Manufacturer” 5
Description
Long range isn’tjusta distance.It’sa stateofmind. A
dedicationtopush further.And it'swhy FederalPremium
buildsGold Medal rifleloads.The exclusiveprimerdesign
5'6
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providesthebestsensitivityand most consistentballisticsin theindustry.The precision-builtSien‘aMatchKing bulletis shottowin more matches thanany othern'flebullet.It'sthe
onlychoicefortheworld‘smost eliteshooters
. Boat-tailhollow-pointbulletprovidestheextramargin of
ballisticperfounancematch shootersneed
- Unifonn match jacketensuresconsistent.long-range
accuracy
o Federalbrass
o Speciallyformulatedpropellant
. Benchrest—qualityGold Medal prime
Purpose Long rangeprecisionriflefire
Costs InitialCost:$439.00 per case of 500 rounds
Re-Occuning Costs:C onsumable itemreplaceasneeded
Maintenance C osts:N/A
Year Obtained:2021
I How was itbought:Genelalfimds
Item Picture - - . v .
TrainingNeeded Basic SWAT SniperAcadelny:In-ServiceTraining
.0 40 MM LAUNCHERS, LESS LETHAL BEAN BAG SHOTGUNS, GAS
DELIVERY SYSTEMS
40mm SingleLauncher
Description
Defense TechnologyV40MM LMT TacticalSingleLauncher.
Ex andableStock
4 Capability Deploying 40mm lesslethalImpactprojectiles .40mm chemicalagent(CS)barricadeRenetmting
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_-——
Manufacturer’s Manufactured exclusivelyforDefense Technology, the 40LMTS Description isa tacticalsingleshotlauncherthatfeaturesan expandable ROGERS Super Stocand an adjustableIntegratedFrontGrip
(IFG) with lightrail.The ambidextrousLateralSlingMount
(LSM) and QD mounting systems allow both a singleand two pointslingattachment.The 40LMTS willfire standard40mm
lesslethalammunition, up to4.8 inchesincartridgelength.The PicatinnyRailMounting System willaccepta wide arrayof
enhanced o tics/sihtin s stems.
o Deploying40mm lesslethalimpactprojectiles
o Deploying 40mm chemicalagent(CS) barricadepenetrating Defl‘ech2262 rounds
Authorized NCPD SWAT Team
Usage
Costs InitialCost:$1,200.00perunit
Re-OccurringCosts:N/A
MaintenanceCosts:$100.00estimatedannualcost
Year Obtained:2021
How was itBought: Generalfunds
ETraining Basic SWAT Academy; In-ServiceTraining
Needed
Purpose
Item Picture
40mm Multi launcher
Description Penn Arms 40mm Pump Multi Launcher (PGL 65-40) QuantityCapability o Deploying40mm lesslethalimpactprojectiles 0 Deploying 40mm chemicalagent(CS) barricadepenetrating DefTech 2262 rounds
LifeSpan N/A
Manufacturer’s A 40mm pump-actionadvance magazine drum launcherwith a Description fixed stockand combo rail.Ithasa six—shotcapacityand rifled barrel.PreviouslylabeledthePGL-65, thefeatures
include:Double-actiontrigger,triggerlockpush buttonand
hammer locksafeties.See s-ecificationsheetformore details. 0 Deploying 40mm lesslethalimpactprojectiles
0 Deploying 40mm chemical agent(CS) barricadepenetrating DefTech 2262 rounds
Authorized NCPD SWAT Team
Usage
Costs InitialCost: $2,800.00 per unit
Re—Occurrin; Costs:N/A
40 Purpose
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Maintenance Costs: $100.00 estimated annual cost
Year Obtained: 2005
How was itBought: General funds
Item Picture
'fiaw
Training
Needed
Basic SWAT Academy; ln-Service Training
Gas Ram — Custom Metal Concepts
Description Gas Ram, TacticalNon-Lethal Chemical Agent DeliverySystem
Quantity 1
Capability The Gas Ram isa deliverysystem forchemical agentsthatcan be self-deployedintoa location.
LifeSpan N/A
Manufacturer’s The Gas Ram isa multi-usetoolthatcan be utilizedforforced Description entryas a door ram or be deployedas a pyro technicnon-lethal chemical agent deliverysystem.
Purpose A metaldeviceresemblinga hand heldpointedbatteringram thatcan be loadedwitha chemicalagentcanister.The Gas Ram can be used to introducechemical agents intoa locationby piercing the wall, door, or roof ofa structure.
Authorized NCPD SWAT Team
Usage
Costs InitialCost: $1,200.00 per unit
Re-OccurringCosts:N/A
Maintenance Costs:$100.00 estimatedannual cost
Year Obtained:2010
How was itBought:Generalfunds
Item Picture
Training Basic SWAT Academy
Needed
Burn Safe — Custom Metal Concepts
Description Chemical Agent Bum Safe
Quantity 1
Capability The Burn Safe isa deliverysystem forchemical agentsthatcan be self-deployedintoa location.
LifeSpan NA
LH
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Manufacturer’s The Bum Safe isa double—wall containerconstructedof
Description aluminum thatisdesignedtocontaintheflames insidetheinner chamber therebyreducingthe probabilityof startinga fire.
Purpose A metalcylindricalcontainerdesignedtocontaina pyrotechnic chemical agent canisterand reduce fire hazard upon deployment intoa structure.
Authorized NCPD SWAT Team
Usage
Costs InitialCost:$850.00perunit
Re-OccurringCosts:N/A
Maintenance Costs: $100.00 estimated annual cost
Year Obtained: 2010
How was itBought:Generalfunds
Item Picture
/‘ s
Training Basic SWAT Academy
Needed
Benelli Shotgun
Description BenelliM1 Super 90 Semi- Automatic 12 Gauge Shotgun Quantity 1
Capability Deploys 12 gauge shotgunmunitionsand can be used as a breaching tool.
LifeSpan 20+
Manufacturer’s The Benellirotatingboltsystem,a ruggedand simpleinertiarecoil Description designthatfunctionsreliablywithalltypes0f3 inchand 2-3/4inch loads.A specialdrop adjustmentkitallowsthestocktobe custom- fittedtoany shooter.
Purpose Deploying 12 gauge lesslethalmunitions
Used fordisablingcameras and/orlightsduringtacticaloperations Used forbreachingwindows
Authorized NCPD SWAT Team
Usage
Costs InitialCost:$1,500.00per unit
Re-OccurringCosts:N/A
Maintenance Costs:$100.00 estimatedannualcost
Year Obtained:Unknown
How was itBought:Generalfunds
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Item Picture
Training
Needed In-ServiceLess LetheiiCourse And Annual Traihing.
Shotguns
Description Remington Pump Action, 12 gauge action,with blackcoloredbutt stockand forend
Quantity 27
Capability Deploying various12 gauge munitionsto includelesslethal LifeSpan 20+
Manufacturer’s
Description
The 14"barrelhas a fixed cylinderchoke foroptimum performance with buckshotand slugsatcloserange.A myriad of aftermarket Remington 870 accessoriesenablesowners tocustomizethe870 Expressforspecificpurposes.870 Remington isa receivermilled from a solidbilletof steelformaximum strength,and twin action barsthatpreventbindingand twistingwhile cyclingtheaction
Purpose Deployingvarious12 gauge munitionsto includelesslethal
Costs InitialCost$1,200.00perunit
Re-OccurringCosts:N/A
Maintenance Costs:$100.00 estimatedannual cost
Year Obtained:1993
How was itbought:Generalfunds
Item Picture
,2
Training
Needed
Department Less LethalCourse; Annual In—Servicequalifications
257 of 379
Shotguns
LifeSpan
Description Remington Pump Action.12 gauge action.with orangecoloredbutt stockand forend.
Quantity 7
C apability Deploying 12 an e lesslethalflexible
Unknown
Manufacturer‘s
Description
The 14"barrelhas a fixed cylinderchoke foroptimum performance withbuckshotand slugsatcloserange.A myriad of afiermarket Remington 870 accessoriesenablesowners tocustomizethe870 Expressforspecificpmposes. 870 Remington isa receivermilled from a solidbilletof steelformaximtun strength.and twin action barsthatpreventbindingand twistingwhilecyclingtheaction.
Item Picture
'Deploying 12 gauge lesslethalflexiblebaton(Safa1iland/Defense Technology 12 gauge StabilizedRound Part#3027) as impact munitions
-Used fordisablingcameras and/orfightsduringtacticaloperations -Used forbreachingwindows
InitialC ost$130000 perunit
Re—Occtm‘ingC osts:N/A
Maintenance Costs:$100.00 estimatedannual cost
Year Obtained:1993
How was itbought:Generalfunds
Training
Needed
|SIMUNITIONS AND MISCELANEOUS EQUIPMENT
Depamnent Less LethalCom‘se:Annual In-ServiceQualifications
_|
UTM Blue BoltsWith Magazines
| Description
Quantity
Capability
LifeSpan
Description
Manufacturer‘s AllUTM 5.56mm rifleconversionsemploy a Fail—Safemeasure where the Ultimate Training Munitions (UTM), M16/M4 Rifle Bolt Carrier Assembly (BlueBolt)and Magazines
|18
The UTM Blue Boltsand Magazines allowofficersto conductrealistic trainingwithouttheuseofrealammunition.
|N/A
firingpin isoffsetfrom center.Not onlyisthefiringpinstrikeoutsidethe strikeareaofa “Live"cartridgecenterfire primer.itdoesnotstrikethe l 258 of 379
primer atall,hence the weapon failsto fire the host weapons “Live” caliber ammunition, This appliesto allUTM rifleconversions.
Purpose This isa non-operationalboltcarriergroup. This boltcarriergroup isused fortrainingpurposes only.
Authorized NCPD Members underthesupervisionofa qualifiedRange Safety Usage Officer.
Costs InitialCost:$12,000.00
Re-OccurringCosts:N/A
MaintenanceCosts:N/A
Year Obtained:2020
How was itBought:Generalfunds
Item Picture
Training In-ServiceTraining.
Needed
UTM 5.56mm Rounds
Description UltimateTrainingMunitions(UTM) 5.56mm Man Marker Rounds (blue)
Quantity 9,500
Capability The UTM 5.56mm Man Marker Rounds allowofficerstoconductrealistic trainingwithouttheuse of realammunition.
LifeSpan N/A
Manufacturer’s Accurate and reliablemarking projectileforForce-on-Forceor Force- Description on—Targettraining.Adds realismand stresstotrainingby providinga threat of consequence with physicaland visualstimulus.Use of Force/ROE, Tactics,SkillBuilding,Scenarios,Movement Drillsand otherInteractive Training.Use as a safepreludeor alternativeto ‘Live-Fire’targetor CQB training.Accuracy and reliabilityallows for multiple firearms, CQB, and marksmanship applications(360° firing,movement drills,weapon transitions).
Purpose This isa non-operationalmunition.This munition isused fortraining purposes only.
Authorized NCPD Members underthesupervisionof a qualifiedRange Safety Usage Officer.
Costs InitialCost: $l0,000.00
Re-OccurringCosts:Consumable itemreplaceas needed
Maintenance Costs:N/A
Year Obtained:2020
How was itBought:Generalfunds
b7
259 of 379
Item Picture
Training
Needed In-ServiceTraining.
SIMS Glock 17 Pistols
Description Glock 17 9mm Pistol,Equipped with SIMS Conversion Kit
Quantity 2
Capability The SIM Glock Pistolallowsofficersto conductrealistictraining withoutthe use of realammunition.
LifeSpan N/A
Manufacturer’s Simunition conversion kit,which isa conversion bolt,boltcarrier Description assembly,safetyring,insertedto allowtheGlock 17 to fire Simunitionssafelyfrom theusersown serviceweapon.
Purpose This isa non-operationalfirearm.This firearm isused fortraining purposesonly.
Authorized NCPD Members underthesupervisionof a qualifiedRange Safety Usage Officeri
Costs InitialCost:$250.00 perunit
Re-OccurringCosts:N/A
Maintenance Costs:N/A
Year Obtained:Unknown
How was itBought:Generalfunds
Item Picture
Training Range SafetyOfficer Course or In-ServiceTraining.
Needed
9mm Marking Cartridges
Description GeneralDynamics 9mm FX Marking Cartridges
Quantity 2500
Capability The 9mm Marking Cartridgesallowofficersto conductrealistic trainingwithoutthe use of realammunition.
Life Span N/A
Manufacturer’s
Description The FX® Marking Cartridgesareatthecoreofthe SimunitionFX® TrainingSystem known as “the world’smost realisticclose-range Lil!
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combat trainingsystem".The patented,reduced-energy,non-lethal cartridgesleavea detergent—based,water-solubiecolor-marking compound. The visibleimpactsallowaccurateassessmentof
simulatedlethality.The cartridgesareavailableinvariouscalibersand featuretacticalaccuracyup to25 feet(7.6meters).No specialballistic facilitiesarerequired.They meet theneed fora force-on-forceand man-to-man trainingsystemthatisrealistic,effective,inexpensive, adaptableand fullyportable.
Purpose This isa non-operationalmunition.This munitionisused fortraining purposes only,
Authorized NCPD Members under thesupervisionof a qualifiedRange Safety Usage Officer.
Costs InitialCost:$40.00perunit(50 roundsper box)
Re-OccurringCosts:Consumable itemreplaceas needed
Maintenance Costs:N/A
Year Obtained:Unknown
How was itBought:Generalfunds
Item Picture
;I
Training In-ServiceTraining.
Needed
Forward Looking Infrared
Description FLIR LS Series
Quantity 1
Capability Thermal image qualityinthedarknessor throughsmoke, haze,fog, rain
Life Span N/A
Manufacturer’s The FLIR LS Seriesisa compact thermalmonocular designed Description specificallyforlaw enforcement.
Purpose Thermal image qualityinthe darknessor through smoke, haze,fog, rain
Costs InitialCost:$2599
Re-OccurringCosts:N/A
Maintenance Costs:N/A
Year Obtained: Unknown
How was itbought:General Funds
Item Picture
Training
Needed In-ServiceTraining
m
261 of 379
Forward Looking Infrared Camera
Description Avon/Argus Thermal imaging Camera TT 320B
Quantity 1
Capability Infraredcameras helpyou find potentialproblems fast,and document your findings forfollowup and reporting.A greattoolfor electricaland industrialmaintenance,processmonitoring,tank levels,steam traps,utilityinspections,and building maintenance.
LifeSpan Discontinued
Manufacturer’s The Argus ‘39TT-Type thermalimaging camera isspecial1ydesigned Description to helppolice,securityand law enforcementofficersdetecttheheat signaturesof peopleand objects.
Purpose Thermal image qualityinthedarknessor throughsmoke, haze,fog, rain
Costs InitialCost: $5,810.00
Re-OccurringCosts:N/A
Maintenance Costs:N/A
Year Obtained:Unknown
How was itbought:Generalfunds
Item Picture
Training In-ServiceTraining
Needed
Night Vision Monocle
Description L3 WARRIOR SYSTEMS M914A PVS—14 White Phosphor Monocular
Quantity 15
Capability CurrentgenerationL3 Harristube,White Phosphor,Low-battery indicatorineyepiece,Variablegaincontrol,Autogated power supply forimproved resolutionunder highlightedsettings
LifeSpan N/A
Manufacturer’s The L3HarrisM914A monocular isbased upon themilitary Description nomenclatureAN/PVS-14. This monocular isnow availablewith improved whitephosphor tubetechnologyforgreatertargetdetection and recognition.Low-lightand nighttimemaneuvers appearmore natural in black and white, with added contrastdetailin shapes and shadows,providingtheoperatorwithmore Visualinformationfor assessmentand acquisition.
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Purpose For low-lightand nighttime maneuvers
Authorized NCPD SWAT Team
Usage
Costs InitialCost: $5,800.00
Re-OccurringCosts:N/A
Maintenance Costs:N/A
Year Obtained: Unknown
How was itbought:Grant funds;UASI
Item Picture
Training
Needed
Dual Beam Aiming Laser
Description Steiner-Opticaldualbeam aiming laserDBAL AIII.
Quantity 15
Capability Dual beam laserfortargetacquisition
LifeSpan N/A
Manufacturer’s Availableforthecommercial market,thefirsteye—safeIR laser Description pointer,IR illuminatorand green laserpointerina singlecompact unit.Featuresan adjustableIR illuminatorforbetterilluminationat longerranges,dualactivationswitchesand high/lowpower modes.
Purpose To be utilizedinconjunctionwith nightvisionequipment Authorized NCPD SWAT Team
Usage
Costs InitialCost:$1,200.00perunit
Re-OccurringCosts:N/A
Maintenance Costs:$100.00 estimatedannual cost
Year Obtained: 2016
How was itbought:Generalfunds
Item Picture
Training
Needed [n-ServiceTraining
461
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2116122.7:41AM BillText-A8481 Law eniorcamentmd staleagencies:milliatyequipment:funding.acquisition.'anduse.
fl? EGISLATIVE INFORMATION
A [/f/fliitfla
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3m lnfozmalionI CaiiforrfiaLaw Publications OtherResoumes MySubsctlplions ‘ My Favorites I AB-481 Law enforcement and state agencies: military equipment: funding, acquisition, and use. {20 4022) Date Published:1010112021103:00PM
AssemblyBillNo.481 I
' CHAPTER 406 i
An act to add Chapter 12.8 (commencing with Section 7070) to Division7 ofTitle1 of the Government Code, relatingto militaryequipment.
[Approved by Governor September30,2021.Filedwith Secretary of State Septerhber30,2021. ]
LEGISLATIVE COUNSEL‘S DIGEST Il
3AB 481, Chiu. Law enforcement and state agencies: militaryequipment: funding, acquisition,and use.
Existinglaw designatesthe Department of GeneralServicesas the agency forthe Stateof CallfomiaJesponsiblefor distributionof federalsurplus personal property,exceptingfood commodities, and requiresthe apartment to, among other things,do allthings necessary to the execution of iispowers and dutiesas the state agency for the distributionof federalpersonal surplus property,excepting food commodities, in accordance with sgecifiedfederal law. Existinglaw, the FederalSurplus PropertyAcqulsitionLaw of 1945, authorizesa localagency, as defined, to acquire surplus federalproperty without regard to any law which requiresposting of noticesor advertisingfor bids, invitingor receivingbids,or deliveryof purchases before payment, or whlch prevents the localagency from bidding on federalsurplus property.Existingfederallaw authorizesthe Department of Defense to transfersurplus personal property,includingarms and ammunition, to federalor state agencies for use in law enforcement activities,subject to specified conditions,at no cost to the acquiring agency.
This billwould require a law enforcement agency, defined to Includespecified entities,to obtain approval of the applicable governing body, by adoption of a militaryequipment use policy,as speclfied,by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relatingto the funding, acquisition,or use of militaryequipment, as defined. The billwould also requiresimilarapproval forIthecontinued use of militaryequipment acquired priorto January 1, 2022. The billwould allow the governing body to approve the funding, acquisition,or use of militaryequipment within itsjurisdictiononly ifitdetermines that the military equipment meets specified standards.The billwould require the governing body to annually review the ordinance and to eitherdisapprove a renewal of the authorization for a type, as defined. of militaryequipment or amend the military equipment use poilcy ifitdetermines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the militaryequipment does not comply with the above-described standards for approval. The billwould specify these provisions do not preclude a county or local muriiclpalltyfrom implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by locallaw enforcement agendas. I
This billwould also require a state agency, as defined, to create a militaryequipment use policybefore engaging in certain activities,pubiish the policy on the agency's intemet website, and provide a copy of the'p ollcy to the Governor or the Governor's designee, as specified. The billwould also require a state agency that seeks to continue use of militaryequipment acquired priorto January 1, 2022, to create a militaryequipment use policy.
This billwould also includefindings that the changes preposed by thisbilladdress a matter of statewide concern rather than a municipai affairand, therefore, apply to allcities,including charter cities.
By adding to the dutiesof localofficialswith respect to the funding, acquisition,and use of militaryaguipment, this billwould impose a state-rnandated localprogram. I
fiiezlllsflAB481iBlliText-A&48‘l Law enforcementand stainagendas_ militaryequipmenL funding,acquisition.and uso..himl 1IB 264 of 379
mm. 7341AM Bm‘ttut-M‘l Lewehfomomentandeletemmwmy equipment:Medina.emulsifier». use.
The CaliforniaConsfltutlenrequlresloeelagenda, for the purpose of ensuring publicaccess to e meetings ofpnbllcbodiesand the wrltlngsofpuhllcofficialsand agendas,to comply witha statutoryenectme thatamendsor enactslaws relatlngto publicrecordsor open meetings and captainsfindlngs demonstratingthatthe enaetment furtherstheconstitutionalrequirementsrelatlhgto thispurpose.
Thishlllwould make legislativefindingsto thateffect.
The GenfornleConstitutlonrequiresthe state to relmhuree lo-I agencies and school districtsto eertalncosts mandated by the state.Statutorypmlsldns estabflshproceduresformaking thatreimbursement.
Thisbillwould providethatno reimbutsement [5requiredby thisactfora specifiedreason. - Vote:minuty Appropflatlen:no Flees!Committee:yes LocalProgram:yes THE PEOPLE OF THE STATE OF CALIFORNIA D0 ENACI‘ AS FOLLOWS: 3! SECTION 1.The Legislaturefinds and declaresallofthe following:
(a)The acquisitionof militaryequipment and Itsdeployment ln our mmmunltlec adverselyIm the public's safetyand welfare,Why lncreeeedrlskof civiliandeaths,etgnlflcantriskstn civilrights, Wee, end physlal and psydzologlcalwell-helng,and lncuuneht of significanthnanclelcosts.Militaryequl ent ls more hequentlydeployedIn low-lncemeBlackand Brown communities,meaningtheasksand lmphctsof pence mlfltarlzetlonare expeflenwd meet acutelyinmarginallaedcommunltles. (b) The puhllchas a rlghtto know about any handing.aequlstflon,or use of militaryequipment stateor low! government“I t effétlals,as wellas a rightto'pertlclpateIn any government agency's dedslon to fund, equlre,or use 51: equ pmeh
(c) Declslcnsregardingwhether and how mflltary equipment ls mnded, acquired,or used shou d glve strong eonslderatlonto the puhllc'swelfare,safety,civilrights,and civil"batten,and should be based WI publlclhput.
((1)Legallyenforceablesafeguards,lncludlngmspateney, oversight,and accountabilitymeasu , must be In 9130:": pmtectsedthepublic’swelfare,safety,clvllrights,and civil"hm before militaryequlpm t ls funded, aeq ,or u .
(e)The lackof a publicforum to discussthe ecqulsltlonof mllltetyequipment jeopardizesthe rela onshlppollee have with the mmmmlty, whlch can be undemlned when law enfomment lsseen as an occupy! forcerather then a pubtlcsefetysewloe.
SEC. 2. Chapter12.8 (commenclng withSection7070) Isadded to Division7 ofTitle1 ofthe Govern ent Code, to read:
camel: 1mmwmmwmammmpmm
mo. For purposesofthlschapter,thefollowingdeflnltlonsshallapply:
(a) “Govenung body" means the elem body thatoversee:a law atonement agency or,ifth Isno elected body that directlymm the law enfomement agency, the appointed body that oversees a la enfommeut agency. In the use of a law enforcement agency of a county, Includinga shefifi's departmen or a dlstrlct attorney'soffice,“governingbody" means the heard ofsupewlsors ofthe enunty. (b)“Law enforcementagency" means any ofthe following: :
(1) A policedepartment, Includingthe policedepartment of a transitagency, schooldlstrlct,or any mpus of the UniversityofCellforela,the CaliforniaState Uhlvetslty,or CalifomleCommunity Collagen. (2)A sheriff'sdepartmmt.
(3)A districtattomey'soffice.
(4)A countyprohetlendepattment.
(c)‘Mlliteryequipment" means the follewlng:
(1)Unmanned, remotelypiloted,powered eerlelor gmund vehltlee. (2) MIne-reslstentambush-ptoteeted (MRAP) vehiclesor enacted personnel eerrleus.However, 9 velelonsof standaldmuhervehldeearespedfleellyexdudedhommssuhdwlshm ' MIMAMMIBIE Thad-AB481 Leaenfmmeutend emte agendBLmWy mm. much. and uee..hlrnl IA 265 of 379
2:18:22.7:41AM em Teut-Mt mmmmm statemenms:mmbmntflmdm acquisition.6 m. (3) High mobilitymuittpurposewheeted vehicles(HMMWV). commonly referredto as Humvee. tw and one-half- tnn trucks.flve-ton tucks, or wheeled vehiclesthat have a breachingor entry apparatus . Howevet; unarmered atl-tenafnvehicles(ATVs)and motorizeddirtbikesare spedfleetlyexcludedfrom thisan slon. (4) Trackedarmored vehlctesthatprovideballisticprotectionto theiroompm and utilizea cked system insteadofwheetsforforwardmotion.
(5)Command and controlvehiclesthatareeitherbuiltor modified tofacilitatetheoperationaleon Iand direction ofpublicsafetyunits. .
(6)Weaponlzed aircraft,vmets, or vehiclesofany kind. .
(7) flatteringrams, slugs,and bteachlngapparatusesthatare explosiveIn nature.Howevel; I designed to mmmabcksudaasboltmm,erahandheld ramdestgnedtobeoperawdbyouepetsen, specifically excludedhum thissubdivision.
(8) Firearmsof .50 caliberor greater.However,standardIssueshotgunsare specificallyexdu'dedfrom this subdivision. ’ I
(9)Ammunlttonof.50amber orgreater.However,standardissueshotgunammunitionlsspedfically' dad from thissubdivision.
(10) Specializedfirearms and ammunition of lessthan .50 mullet;Includingmutt weapons as d inSections 30510 and 30515 ofthe PenalCode, withtheexeeptlonofstandardIssueserviceweapons and am Menofless than .50eitherthatareIssuedtoofficers,agents,or empioyeesofa lawenforcementagency ora stateagency. (11)Any firearm orfirearmaccessorythatIsdesignedtolaunchexplostveprojectiles. (12) “Flashbang' grenades and explosivemeachlng tools,“tear gas,” and “pepper bails,”excl Ing standard, servlee-lssuedhandheld pepper spray.
(13)mar Shockwave,micewave weapons.waterannons, and theLong Range AcousticDevlee( ). (14) The followingpmjectltelaunch platform and theirassociatedmunitions:40mm projectilelaminates,“bean bag,"rubberbutlet,and specialtyImpact munttlon(SIM) weapons. , (15) Any other equipment as detennlned by a governing body or a stateagency to requireadditional (16) Nohmfltstendlng paragraphs (1) threugh (15),“militaryequipment“ does not Includegeneral designemd as prohibitedor controlledby the Mere! Dem LoglsucsAgency. - (d) “Militaryequipment use policy"means a pubfldy released,writtendocument governingthe
Ight.
ulpment not
of military
equipment by a law eltfortementagency or a stateagehcy thataddresses,at a minimum, at]ofthe lowing:
(1) A dmflptton of each type of mmtary equipment, the quantitysought.itscapabtutles,ex lifespan,and productdewptlohs from the manufacturerofthe mfiitaryequipment. (2)The pumoees and authorizeduses forwhich the Iaw enforcementagency or the stateagency 9 uses to use each type of militaryequipment. -
(3)The fiscalImpact ofeach type of mifltaryequlpment, lndudlngthe WI costsof obtalnlngthe estimated annual costsof maintainingthe equipment.
(4)The legaland proceduralrulesthatgoverneach authorizeduse. (5) The training,Includingany course requhed by the Cnmmlsslon on Peace Officer Standards and Training,that must he compteted heme any officer,agent,or employee of the law enforcement agency or the he agency ts allowedto use each specifictypeof mthtazyequipment to ensure the fullprotectionof the public's fare,safety. civilrights,and civillibertiesand fulladheteneetothemilitaryequipmentuse poilcy. (6) The mechanisms to ensure compliance with the militaryequlpment use policy,Includingwh I Independent persons or entitleshave oversightauthority,and, [fappnnhle, what legallyenforeeebtesanctionsa put In place forvietsflom ofthe policy.
(7) Fat 3 law enforcement agency, the procedures by which membets of the publlc may reglster mptalnts or concerns or submit questions about the use of each specific type of mllttatyequipment, and how the law enforcement agency willensure thateach compialnt,concan, or questionteeelvesa response Ina arrelymanual:
(e)“Stateagency" means the law enfomement divisionof every stateoffice,officer,department.dlvllslon,bureau, board,and mmtsslon er otherstatebody or agency, exceptthese agenciesprovidedforIn e N (except Section20 thereof)orArticleVI ofthe CaltfonfieConstitution. (0 W means each item thatsharesthe same membrane:- model number. entand
W1mm-m1mmmmmmwmmaumm I5
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mam. 7:41AM Biii'ihxt-AB-dmmemommentandeute agencies:mam equipment:funding.whiten. use. ran.(a) (1) A law enforcement agency ehailobtainapprovalof the governingbody, by an ordlna ce adoptingamilitaryequipment use poiicyat a regularmeeting ofthe governinghody heiciputsuantto the Bag! Keene OpenMeetingAct (Atticie9 (commencing withSection11120) ofChapter 1 ofPart1 of Division3 ofTitle ) or the RalphM. Brown Act (Chapter9 (commencing with Section54950) of Pen: 1 ofDivision2 ef‘l'itie5),as a cubic,priortoengaging Inany of thefoiiowing:
(A) Requestingmilitatyequipment made availablepursuantto Section25763 ofTitle10 of the Uni StatesOode. (B)Seekingfumb formiiitaryequipment,includingbut notlinutedto i fore Ian solicitierecteptingprivate,local,state,orfederalfunds,In-klnddonatit'ms,or otherdonatioangpomnsfem? t, (C) Acquiringmilitaryequipment eitherpermanently or temporarily,includingby bomwhg or i (D) Collaboratingwith emuler law enfomemmt agency in the depleyment or other use of mil ty equipment withintheterritorialjurisdictionofthegoverningbody. -
(E) Using any new or existingmilitaryequipment for a purpose, In a manner, or by a person ' t previously appmved by the governingbody pursuanttothischapter.
(F)soflaing or respondingto a pmposel fot,or enteringintoan agteement with,any other n or entityto seek fundsfor,applytoteceive,acquire,use,or collaborateinthe use of,miiltaryequipment. (6) Acquiringmilitaryequipment throughany means not providedby thisparagraph. (2)NolaterthanMey1,2ozzaiewmtfmwnentageneyseekhutuoontinuetheuseofenym ryequipment thatwas acquiredotterto January 1,2022, shaiicommence a governingbody approvalprocessin Manes with 6:15section.If the governing body does net approve the continuinguse of militaryequipmeh lnciudingby adoptionpurment to thissubdivisionof a militaryequipment use policysubmittedpursuantto (1)), within180 days of submissionof the proposed militaryequipment use policyto the governing ody,fl'telaw enfomemmtwmshaflwaeehmeofflwnflflmmummunmhreoeWesMapMof governing body inaccordance withthissection.
I
(h)Inseekingtheapprovalofthegoverningbodypursuanttosubdivision(a),a lawenforeeme'agencysheii submit a proposed militaryequlptnentuse policyto the governingbody and make those domme availableon the law enforcementagency'sintemetwebsiteat least30 days priorto any publichearingconcern! the military equipment at issue.
(c)Thegoverninghodyshaiioonerapmposedmiiiteryequipmentusepoiicyasenagehdai forenopen sessionof a regularmeeting and provideforpubliccomment inaoeordanee with the Begiey-Keene Meeting Act (Article9 (commencing with Section11120) of Chapter 1 of Part1 of Division3 of Title2) o the Reiph M.
Brown Act (Chapter9 (commencing with Section54950) ofPart1 of Division2 of‘l'itie5),es eppiiceb (d) (1) The governing body shalloniy approve a militaryequipment use policypursuant to chapter ifIt dennnhlee allofthe foiiowmgz
(A) The militatyequipment isneeessaty became there Isno reasonablealternativethat can achi the same objediveof officerand civiliansafety.
{game proposed militaryequipment use policywillsafeguardthe public'swelfare,safety,civilrihts,and civil es.
(C) Ifpurchasingthe equipment,the equipment isremnehiy costeffectivecompared to availablealt'ernetlvesthat can achievethe same objectiveofofficerand civiliansafety. ‘ (D) Priormilitaryequipment use compliedwiththe militaryequipment use policythatwas ineffect'tthe time,or ifprioruse: did not comply with the accompanying militantequipment use policy,connectiveaction been taken to remedy mneonfonning mes and ensurefutureoontpiianoe. (2) In order to facilitatenubile participation,any prom or final militaryequipment use policy hellhe made publiclyevaliabieon the internetwebsite of the mievent law enibrcement agency for as long the military equipment isavailablefor use.
(a) (1) The governingbody shailreviewany ordinancethatithas adopm pursuantto mis section ppmving the funding,acquisition.or use of militaryequipment at leastannually and, subject to paragraph (2),v on whether to renew the ordlmnoe at a regular meeting held pursuant to the Bagley-Keene Open Meeting (Artiste9 (commencing with Section11120) of Chapter 1 of Part 1 of Division3 of Titie2) or the Ralph . Brown Act (Chapter9 (commencing with Sedan 54950) of Part1 of Oivtsion2 of'i'itie5),as applicable. !
(2) The governingbody shalldetermine,based on the annual militaryequipment teporteubmittetlpursuant to Sedan 7072, whethereachtypeofmiihery equipmemidentified inthatwepwt hescompiied withthe derdsfor approve!set forthinsubdivision(d).Ifthe governing My determines that a type of miiiteryequi ent menflfled inthatannual mliiteryequipment teporthas not compliedwith the standardsforapploveiset forth n subdivision mWWMM-M mmmmmwmmmmwmwmm 5 4’ 4'3
267 of 379
”1‘.
maln'm AM amen-M1mmmmmmeaszummequmm.muemml dues.
(d),the governing body shat]eitherdisapprovea renewal of the authcrlzationforthattype of mIIIteryequipment or requiremodiflatIons to the militaryequipment use panel Ina manner thatwilltesolvethe lackof mpltanee. (f)Notwithstandingsuhdlvlslons(a)to (e),InclusIve,Ifa citycontractswIth another entityfor enforcementeggs, the dty shallhave the authorityto adopt a militaryequlpment use policybased on I eommunItyn . m (a) A law enforcement agency that receives3:3me fora militaryequlpment use poflcy to swan 7071 shallsubmit to the governlngbody an annual mflltaryequipment reportforooch type of mII equipment approved by the govemmg body wlthlnone year of approval,and annuallythereafterforas long the mmtaly equipmentIsavalIahIeforuse.ThelawenforcementagencysheIlalsomake eochannualtnmtary .prnentreportrequlredby thissectlonpubIIdyavailableon ItsIntemet websiteforas longas the militaryequipment Isavailable for use. The annual mIIItaryeqqument reportshall,at a mlnlmum, Includethe fotlowhtgInfo n for the Immedleter precedingcalendaryearforeach typeof militaryequipment:
(1)A summary ofhow the mIIIteryequlpmeht was used and the purpose of Itsuse. (2)A summary ofany complaintsorconcernstecered concerningthe militaryequtpment. (3) The resulm of any InternalaudIts,any Informationabout vloIatIonsof the militaryequlpment use policy,and any actlanstaken In response.
(4) The totalannual cost for each type of mIIItaryequipment, includingacquisition, minute. tlansportetlon,maintenance, storage,upgrade, and other ohgelng costs,and from what source funds will provided forthe militaryequtpment h: the calendaryear feIIawInganhmlsslon of the annual mill!ryeqmpment mp0“.
(5)The quantitypossased foreach type of mIIIboryequipment. (6) Ifthe law enforcement agency Intends to acquireaddttlonalmilitaryequipment In the next yea? the quantity soughtforeachtypeofmilitaryequipment. '
(b) Within 30 days of submittingand publldy releasingan annual mIIItaryequipment report to this sectIen,the law enfomament agency shallhold at leastone weII-pubudzed and eonvenlentlyIoca eommunlty engagement meetIng,at thch the generalpublicmay dlseussand ask questlonsregardingthe nual military equipment reportand the Ian:enforcementagency'sfunding,acquIsItIon,or use of militaryeqqumen . m (a)A stateagency shalla'eatea militaryequipment use policypflcr to engaging Inany of the fellwing:
(1) RequestingmIIItetyequlpment made availablepursuan-to Sectlen25763 of‘ntte10 ofthe UnitedStatesCode. (2)Seeking funds formilitaryeqqument, Including,but not limitedto,applyingfora grant,soIldtlner accepting private,local,state,or fedeml funds,ln-Idnddonations.or outerdonationsor transfers. (3)AequldhgmilitaryequipmenteitherpennanentlyortemporarIIy,Indudlngby bon'ewlngorleastng’ (4)Collabomttngwitha law enfotcemehtagency or anotherstateagency Inthe deployment or other ofmilitary equipment withinthe tentterlaljuflsdlctlonofthe governingbody. (5) Using any new or exlstlngmilitaryequlpment for a purpose, In a manner, or by a person trotpmvloust approved by the governing body pursuantto thIschapter. ; (6) Sollcltlngor respondlngto a proposalfox;or enteringIntoan agreement with,any other parse or entityto seek fundsfor,or to applyto receive,acquire,use,or coIlaborateInthe use of,militaryequipment. (7) Acquiringmilitaryequipment through any means not provided by thIssubdlvlsIoh. (b) No laterthan May 1, 2022, a stateagency seeking to continuethe use of any mlntary equi ent thatwas :3qu pflor to January 1,2022, shallcreatea militatyeqqument use potlcy. (c)A stateagency thatIsrequiredto createa mlfltal'veqqument use poIIcypursuantto thissectionshalldo both of the followlngwIthIn 180 days of completing the pulley:
(1)Puhhsh the mIIIteryequlpment use policyon the agency'sInternetwebsite. (2)Providea copy of the militaryeqqument use peflcy to the Governor or the Govemor’s designee. me. The Leglslaturefinds and dedares that enwrlng adequate oversightof the aequlsltlonand of military equlpment Is a matter of statewldeconcern ratherthen a munlclpalaffairas that term Is used 1 Section5 of ArtisteXI ofthe CeIIfomIaConstitution.merefos'e,thischapterappliestoallcities,thaludlhgcharter es and shall supersede any InconslstentpvasIons Inthe charterofany city,county.or cityand county. .I me Nothing inthIschaptershallprecludea county or localmunIpreIItyfrom ImplanentlngeddltlonaImums and standatdstelatedtothe purchase,use,and reportingofmilitaryequipment by locallaw enforce eat agencies.
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mam. 7:41AM Bmm-Mi memmmmmymmmmm.mwm use.
SEC. 3.The Legislaturefinds and declaresthatSection1 of thisact,which adds Chapter12.8 ( Seatton7070) to Division7 of Title1 of the Government Code, furthers,withinthe meaning of p subdivision(b) of Section3 of ArticleI of the CallfomlaConstitution,the purposesof thatconstlt itrelatm to the rightof publicaccessto the meetings of localpublicbodiesor the writingsof localpublicofficials and Ian! agencies.Pursuant to paragraph (7) of subdivision(b) of Section 3 of ArticleI of the Cattfamla Constitution,the Legislaturemakes the followingfindings: .
Rewiring localagenciesto hold publicmeetings priorto the acqulsltlonof militaryequipment fu exposes that activityto publicmutiny and enhances publicanus to mfomatlon eoheemtng the conduct a the people's business.
' I
SEC. 4. No relmbumement lsmulled by thisact pursuantto Section6 of Articlexm B of the Cahfomla Constitutionbecame the eniy coststhat may be tncuned by a localagency or schooldistrictunder thisactwould resultfrom a legislativemandate thatIswithinthe scope of paragraph (7)of subdivision(b) ofSe on 3 ofArticle I oftheCaliforniaConsttmlon.
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RESOLUTION NO. 2022 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING NATIONAL CITY POLICE DEPARTMENT POLICY 706 “MILITARY EQUIPMENT” AND PROCEDURE 706 “MILITARY EQUIPMENT INVENTORY” FOR THE USE OF “MILITARY EQUIPMENT” AS MANDATED BY CALIFORNIA ASSEMBLY BILL 481
WHEREAS, California Assembly Bill 481 requires law enforcement agency to obtain approval of the applicable governing body, by adop tion of a military equipment policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment; and
WHEREAS, Assembly Bill 481 allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards; and
WHEREAS, City staff recommends that the City Council approve the proposed National City Police Department Policy 706, titled “Military Equipment ” and the proposed Procedure 706, title “Military Equipment Inventory” outlining the equipment officers from the can use in the course of their duties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATION AL
CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: Approves the National City Police Department Policy 706, titled “Military Equipment” and Procedure 706, title “Military Equipment Inventory” for the use of “Military Equipment” as mandated by California Assembly Bill 481.
Section 2: The C ity Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED and ADOPTED this 1st day of March, 2022
Alejandra Sotelo-Solis, Mayor
ATTEST:
Luz Molina, City Clerk
APPROVED AS TO FORM:
Charles E. Bell Jr., City Attorney
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The following page(s) contain the backup material for Agenda Item: Notice of Decision – Planning Commission approval of a Conditional Use Permit for the modification of an existing wireless communications facility located at 1215 Wilson Avenue. (Applicant: T- Mobile) (Case File 2021-09 CUP) (Planning)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
ITEM TITLE:
PREPARED BY: DEPARTMENT:
PHONE:
EXPLANATION:
APPROVED BY:
AGENDA ITEM NO. MEETING DATE:
ENVIRONMENTAL REVIEW:
FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:
ACCOUNT NO.
STAFF RECOMMENDATION:
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
___________________
________________
March 1, 2022
Notice of Decision – Planning Commission approval of a Conditio nal Use Permit for the modification of an existing wireless communications facility located at 1215 Wilson Avenue. (Applicant: T-Mobile) (Case File 2021-09 CUP)
Community Development
The project site is a single-story industrial building, in the Limited Commercial zone of the Westside Specific Plan area, which has two existing sectors of pole-mounted antennas on the southwest corner of the roof. The existing CUP was approved in 1995. No equipment screening propo sed or required at that time. T-Mobile has applied for a Conditional Use Permit (CUP) to modify an existin g approved wireless telecommunications facility and install associated equipment. Modifications include upgraded antennas, a new antenna sector, and screening of all existing and proposed antennas.
The Planning Commission conducted a public hearing on February 7, 2022. Commissioners asked questions regarding the site and the proposal. The Commission voted to recommend approval of the request based on the attached findings and recommended Conditions of Approval.
The attached Planning Commission staff report describes the proposal in detail.
1. Overhead 4 . P h o t o S i m u l a t i o n s and Plans
2. Planning Commission Staff Report 5. PowerPoint slides from PC meeting
3. Resolution No. 2022-02
Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of small structures) FINAL ADOPTION:
APPROVED: ________________ MIS
Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed.
The Planning Commission recomme
nded approval of the Conditional Use Permit.
Ayes: DeLa Paz, Natividad, Roman, Sanchez, Sendt, Valenzuela, Yamane 619-336-4313
Martin Reeder, AICP
Director of Community Development
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2021-09 CUP - 1215 Wilson Avenue — Overhead
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Item no. 7
February 7,2022
COMMUNITY DEVELOPMENT DEPARTMENT — PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
PLANNING COMMISSION STAFF REPORT
Title:
Case FileNo.:
Location:
Assessor’s ParcelNo.:
Staffreportby:
Applicant:
Zoning designation:
Adjacent land use/zoning:
North:
East:
South:
West:
Environmental review:
Staffrecommendation:
PUBLIC HEARING — CONDITIONAL USE PERMIT FOR
THE MODIFICATION OF AN EXISTING WIRELESS
COMMUNICATIONS FACILITY LOCATED AT 1215
WILSON AVENUE.
2021-09 CUP
Terminus of East 12”1Street nodh of CivicCenter Drive
559-032-20 & 21
Martin Reeder, AICP — PrincipalPlanner
T—Mobile
CL (LimitedCommercial)
Industrial/ CL
Industrialwith single-familyresidentialbeyond /CL and MCR-2 (MCR-Z) respectively
Vacant property/CL
Interstate5 freeway /OS (Open Space)
CategoricallyExempt pursuant to Class 3 Section 15303
(New Constructionor Conversion of small structures)
Approve
ATTACHMENT 2
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Planning Commission
Meeting of February 7, 2022