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2009 09-01 CC CDC AGENDA PKT
Agenda Of A Regular Meeting - National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday - September 1, 2009 - 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espaiiol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones and Pagers Be Turned Off During City Council Meeting COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcityca.gov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 09/01/2009 - Page 2 PROCLAMATION 1. Proclaiming September 2009 as: "NATIONAL PREPAREDNESS MONTH" PRESENTATIONS 2. 2010 Storm Water Calendar Winners. (Development Services/ Engineering) 3. Presentation by SANDAG on the 2050 Regional Growth Forecast. (Community Development) APPOINTMENTS/INTERVIEWS 4. Appointment by the City Council to Regional Agencies and Boards — Metropolitan Transit System and Metro/JPA Wastewater. CITY COUNCIL CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 5. Approval of the Minutes of the City Council / Community Development Commission Regular Meetings of July 7, 2009 and July 21, 2009. (City Clerk) 6. Approval of a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 7. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of "No Parking Fire Lane" signs for portions of Lincoln Court to provide emergency vehicle access to improve safety. (TSC Item No. 2009-9) (Development Services/Engineering) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 09/01/2009 - Page 3 CONSENT CALENDAR (Cont.) 8. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of red curb "no parking" at the southeast corner of Highland Avenue and Bucky Lane to improve sight distance and safety for vehicles stopped on westbound Bucky Lane. (TSC Item No. 2009-10) (Development Services/Engineering) 9. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of red curb "no parking" at driveways and striping enhancements to improve safety on Plaza Boulevard between Manchester Street and 8►h Street / Paradise Valley Road. (TSC Item No. 2009-11) (Development Services/Engineering) 10. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of "Commercial Vehicles Over 3 Tons Prohibited" regulatory signs on Marina Way to enhance safety. (TSC Item No. 2009-12) (Development Services/Engineering) 11. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of "No U-turn" signs at the intersection of "F" Avenue and E. 28th Street to improve traffic safety and circulation. (TSC Item No. 2009-13) (Development Services/Engineering) 12. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of a blue curb handicap parking space with sign in front of the residence at 1921 Orange Street. (TSC Item No. 2009-14) (Development Services/Engineering) 13. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of red curb "no parking" for the Paradise Knoll Court cul-de-sac to provide emergency vehicle access for the safety of the residents. (TSC Item No. 2009-15) (Development Services/Engineering) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 09/01/2009 - Page 4 CONSENT CALENDAR (Cont.) 14. Resolution of the City Council of the City of National City accepting the work performed by Industrial Coating and Restoration Services with the final amount of $123,925.25, authorizing the Mayor to sign the final balance change order and authorizing the filing of the Notice of Completion with the County Recorder for the National City Police Department Parking Lot Deck Waterproofing Project. (Funded through General Funds) (Development Services/Engineering) 15. Resolution of the City Council of the City of National City awarding the contract to CGP Maintenance & Construction, Inc. in the amount of $58,135.60 (Spec No. 09- 06) for the replacement of the walk-in freezer, flooring repair, fire suppressive system, and other ancillary repairs at the National City Senior Nutrition Center and authorizing the Mayor to execute the contract. (Funded through Tax Increment Funds) (Development Services/Engineering) 16. Resolution of the City Council of the City of National City awarding a contract in the amount of $595,580.00 to PTM General Engineering Services, Inc. for the National City Safe Routes to School Project, FY 09-10 (Spec. No. 09-14) and authorizing the Mayor to execute the contract. (Funding available through State Safe Routes to School Grant, State Office of Traffic Safety Grant and General Fund) (Development Services/Engineering) 17. Resolution of the City Council of the City of National City authorizing execution of an Order of Vacation of an unimproved alley to restrict public access south of west 23rd Street and north of Bay Marina Drive in the Coastal Zone. (Case File No. 2009-04 SC, CDP) (APNs 559-117-04 to 07 and 12) (Development Services/ Planning) 18. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Right -of -Way Use Agreement with NextG Networks for the installation of fiber optics telecommunications equipment in two locations in National City. (MIS) 19. Resolution of the City Council of the City of National City approving the expenditure of funds for the continuation of wireless cell phone services with Verizon Wireless Inc. under the State of California Wireless Contract. (MIS) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 09/01/2009 - Page 5 CONSENT CALENDAR (Cont.) 20. Resolution of the City Council of the City of National City waiving the bid process and authorizing the purchase / installation of a bullet trap system for the Police indoor firearms range, from Action Target Inc., in the amount of $46,760 from the General Fund. (Police) 21. Resolution of the City Council of the City of National City authorizing the Mayor to sign an Admission Agreement for a party to the Memorandum of Understanding for the San Diego Regional Interoperable Command & Control Communications (3Cs) Program. (Fire/Police) 22. WARRANT REGISTER #5 Warrant Register #5 for the period of 07/29/09 through 08/04/09 in the amount of $1,213,520.47. (Finance) 23. WARRANT REGISTER #6 Warrant Register #6 for the period of 08/05/09 through 08/11/09 in the amount of $2,052,602.12. (Finance) PUBLIC HEARING 24. Public Hearing — To consider the extension of an Interim Ordinance adopted pursuant to Government Code Section 65858 as an urgency measure enacting a moratorium prohibiting establishments dispensing marijuana for medical purposes in National City. (City Attorney) **Companion item to #25** URGENCY ORDINANCE FOR ADOPTION 25. An Interim Ordinance of the City Council of the City of National City adopted pursuant to Government Code Section 65858 as an urgency measure extending for 10 months and 15 days a moratorium prohibiting establishments dispensing marijuana for medical purposes in National City. (City Attorney) **Companion Item to #24** CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 09/01/2009 - Page 6 NEW BUSINESS 26. Request to use the Martin Luther King, Jr. Community Center by the National City Chamber of Commerce for their annual "Salute to Navy Luncheon" on Wednesday, October 7, 2009. (Community Services) 27. Temporary Use Permit - 17th Annual Fiesta Filipiniana Caroling Competition "Holiday Edition" hosted by the Seafood City Supermarket on December 12, 2009 from 10 a.m. to 10 p.m. at 1420 Plaza Blvd. with no waiver of fees. (Neighborhood Services) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 28. Authorize the reimbursement of Community Development Commission expenditures in the amount of $185,833.09 to the City of National City for the period of 07/29/09 through 08/04/09. (Finance) 29. Authorize the reimbursement of Community Development Commission expenditures in the amount of $322,978.21 to the City of National City for the period of 08/05/09 through 08/11/09. (Finance) NEW BUSINESS 30. Real property transaction for former Days Inn Site: 1.07-acre parcel located at 1640 East Plaza Boulevard (A.P.N. 557-410-200). (City Attorney) STAFF REPORTS 31. Report by the National City Chamber of Commerce on the Economic Development Loan Program (formerly Community Benefit Loan Program) and San Diego State University Student Consulting Program. (Community Development) 32. Updates on Safe Routes to School Grant and Office of Traffic Safety Grant. (Development Division/Engineering) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 09/01/2009 - Page 7 STAFF REPORTS (Cont) 33. Report to City Council on: a) Current Towing Contract (City Manager) b) Executive Assistant III Hiring Process (City Manager) c) Conflict of Interest Review (City Attorney) 34. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday - September 15, 2009 - 6:00 p.m. - Council Chambers - National City ITEM #2 9/1/09 2010 STORM WATER CALENDAR WINNERS (Development Services/Engineering) Page 1 of 1 Esther Clemente From: Barby Tipton Sent: Monday, August 17, 2009 3:47 PM To: Lavonne Watts; Esther Clemente Subject: Storm Water Calendar Presentation In case you need the details, here they are: One of the many requirements of our National Pollutant Discharge Elimination System (NPDES) permit is to educate the public. For many years we have prepared a calendar that contained information regarding our Storm Water Program. For the 2009 calendar we wanted to involve the children of our community. We held a calendar artwork contest for all 3rd graders in the National School District. This project was successful as well as fun. The contest was a great way to educate the children of our community of importance of protecting our water ways, so we decided to do it again for the 2010 Calendar. The theme of the calendar contest was "By keeping our Community Clean, We Can Keep the Ocean Clean. Each student submitted artwork that was scored by a committee based on the contest criteria explained in the contest flyer. Twelve winners were selected having at least 1 winner from each school. Each month on the calendar will feature the winning artwork with one of them also being shown on the cover (1st place) Our contest was sponsored in part by Edco Disposal Company. Their $500 donation was used to purchase gift cards from the Plaza Bonita Mall for each of the 12 winners. The gift cards as well as Certificates from the Mayor's & Council member's office will be presented at the council meeting of September 1, 2009. Thanks. Barby Tipton Management Analyst II Development Services Engineering Division (619) 336-4583 8/17/2009 City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE September 1, 2009 AGENDA ITEM NO. 3 / ITEM TITLE PRESENTATION BY SANDAG ON THE 2050 REGIONAL GROWTH FORECAST. PREPARED BY DEPARTMENT Raymond Pe, AICP 336-4250_. 7' Community Development EXPLANATION SANDAG is currently in the process of preparing the regional growth forecast for use in developing the 2050 Regional Transportation Plan (RTP), the Regional Housing Needs Assessment (RHNA), and the Regional Comprehensive Plan (RCP). The forecast will be based primarily on policies contained in local land use plans such as the National City General Plan, the Downtown Specific Plan, and the Draft Westside Specific Plan. The staff at SANDAG has been working closely with City staff to accurately reflect local conditions in the modeling process. The SANDAG model has resulted in very accurate forecasts in the past. The current forecast growth projections for the region indicate that local plans could accommodate the project job growth to the year 2050, but that local plans do not include adequate capacity to accommodate the projected housing units needed during this same period. The housing shortfall is approximately 70,000 units or 15 percent by the year 2050. Consequently, the SANDAG Board of Directors has directed their staff to work with each local jurisdiction to adopt one or more alternatives that would be acceptable to each jurisdiction for use in the forecast. ENVIRONMENTAL REVIEW Not applicable. FINANCIAL STATEMENT Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION Accept and file the presentation report and direct staff to work with SANDAG to develop alternatives for Council consideration at a later date. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS (Listed Below) SANDAG memorandum. Resolution No. • A-200 (9/99) J 401 0 Street, Stlite-800 San Diejo, CA 92101-4231 (619) 699-1900 Fax (619)699-1905 wwwsandag.org MEMBER AGENCIES Cities of Carlsbad Chulal4sta Coronado Del Mar El Cajoi,. Encinitas Escondido ImPerial Beach La Mesa Lemon Grove National City Oceans1de Po war San Diego San Marcos Santee Scdana Beach vista and County cd San Diego AD14SORY MEMBERS brperiat Count), Ca/OornP:4>eparicugnt of Traniportation Nlebtipbfitan Transit 11011)COPOY transit District United States Departrnent of De Cense San Diego Urufre cl Port ilbtrict San Diego comfy Water Authosity Southern`California Tribal °mirth en's Associatkv Mexic July 24, 2009 File Number 3100900 TO: j ego Region Cities and County FROM: or Lori Holt Pfeiler, SANDAG Board Chair SUBJECT: 2050 Regional Growth forecast In its role as the Metropolitan Planning Organization for the San Diego region, SANDAG prepares a regional growth forecast every four years. The regional forecast is largely based on local land use plans and porkies, and is meant to reasonably identify where growth is projected to occur in the region over the long term. The forecast is completed through a multi -step, collaborative process that involves input from local jurisdictions (in particular, the planning and community development directors who serve on the Regional Planning Technical Working Group (TWG)), citizens, and elected officials. In addition to local outreach, SANDAG staff conducts peer review by outside experts including demographers, economists, developers, and natural resource managers to evaluate economic and demographic assumptions about fertility, migration, inflation, and other indicators. Over the past three decades, this collaborative process has resulted in forecasts that have been quite accurate. As such, SANDAG forecasts have served as a valuable planning tool for regional and local infrastructure providers such as transportation agencies, school districts, water suppliers, and others. SANDAG currently is developing a forecast extending to 2050. The 2050 Regional Growth Forecast' will be the first step in developing the 2050 Regional Transportation Plan (RTP). As part of the RTP, the 2050 forecast will serve as the basis for the region's -first Sustainable Communities Strategy. The forecast also will be used itt developing the Regional Housing Needs Assessment (RI -NA) and updating the next Regional Comprehensive Plan (RCP). Finally, as with past forecasts, the 2050 forecast also will support local land use, capital improvement, and water resource planning efforts throughout the region. 2050 Growth: Change and Challenges Previous forecasts have consistently shown that the San Diego region will continue to grow although at reduced rates in the future. This forecast is no different and preliminary draft projections suggest that the region will SANDAG denotes forecasts by a sequential series number. The current working forecast is known as fhe Series 12: 2050 Regmnat Growth FOrAcast approach 4.4 million residents, 1.9 million jobs, and 1.5 million housing units by 2050 (see Figure 1.) Most of the projected residential growth can be accommodated based on adopted general plans and policies; however, draft projections show the region's housing demand exceeds planned housing capacity before 2050. Based on land use and general plan input from the TWG, draft analysis indicates that local plans would be able to accommodate more than the 500,000 additional jobs projected by 2050, but would come up short in planned housing, with capacity for only 380,000 units out of the 450,000 projected. This results in a projected shortfall of 70,000 housing units (approximately 15 percent) by 2050. This analysis is based on information from existing general plans, including the County of San Diego draft plan update, areas considered most likely for redevelopment based on local input, and information on natural constraints to development, such as steep slopes, habitat, and floodplains, as well as policies such as parking requirements, setbacks, and existing buildings and influence future development and redevelopment potential. Initial economic projections show strong growth in real per capita income and stable, diversified employment growth over the next four decades. While there is sufficient capacity for job growth, continued economic development in the region is contingent upon providing opportunities to house San Diego's future labor force, as indicated in the SANDAG Regional Economic Prosperity Strategy. 5.0 4.0 c 3.0 0 E 2.0 1.0 ® l owieforeloweITIO 0.0 1970 1980 1990 2000 2010 2020 2030 2040 2050 4 ^Population --IN--Housing —0—Jobs Figure 1, Draft 2050 Growth Projections for San Diego Region infrastructure, that Important Considerations for the 2050 Forecast As a result of Senate Bill 375 (Steinberg, 2008), the SANDAG forecast shall "identify areas within the region sufficient to house all the population of the region...over the course of the planning period of the regional transportation plan." 3 Further, in order to avoid additional state review during the RHNA process, the population forecast also must be "within a range of 3 percent of the total regional population forecast...over the same time period by the [California] Department of Finance.i3 At this point, the SANDAG 2050 projection of 4.4 million residents falls within 3 percent of the Department of Finance projection (4.5 million). Currently adopted general plans and certain draft updates allow capacity to provide housing opportunities for about 85 percent of the housing demand projected for the region. Recognizing that many of the region's general plans will be updated at least once between now and 2050, SANDAG staff has been working with each jurisdiction through the TWG since October 2008 to identify opportunities to accommodate the 70,000 housing units shortfall in the last 10 to 15 years of the forecast. = California Senate Bill 375, Section 4 (b)(2)(B)(ii). Approved by California Governor September 30, 2008. 'California Senate Bill 375, Section 8 (b). Approved by California Governor September 30, 2008. 2 Recommendations from the TWG and the SANDAG Regional Planning Committee, Transportation Committee, and Board of Directors To ensure local input, SANDAG staff has been working with local planning directors, through the TWG, to identify a series of land use scenarios that could bridge the gap between the horizon year of local general plans and the 2050 forecast year. Twelve scenarios and their variants were generated through a series of workshops and meetings with the TWG. The TWG reviewed each scenario in detail with a focus on selecting alternatives that were reasonable based on knowledge of local plans and market conditions, as well as alternatives that align with regional goals described in approved plans such as the RCP and RTP. Based on those objectives, at its May meeting, the TWG recommended that SANDAG staff continue to examine the following land use scenarios: • Maximum general plan development/redevelopment regionwide • Density increases in transit investment areas • Redevelopment near high -frequency transit stations • Plan updates in Smart Growth Opportunity Areas (SGOAs) • Inclusion of draft plans in the forecast, at jurisdiction's discretion • Jurisdiction -specific options, not listed above These alternatives also were presented to the SANDAG Regional Planning and Transportation Committees. Both groups recommended that these alternatives be studied further. Recognizing that one size does not fit all jurisdictions in our diverse region, the SANDAG Board of Directors directed SANDAG staff to work with each jurisdiction to determine which (if any) of the above options provides a suitable 2050 land use scenario for that jurisdiction. Next Steps To have the best chance of meeting the schedule set for completing the RTP, the regional growth forecast process must move ahead. To help facilitate the forecast process, the SANDAG Board of Directors has directed SANDAG staff to work with each jurisdiction to develop the 2050 growth forecast. Each jurisdiction will have the option to consider one of the proposed 2050 scenarios (listed above) or to provide a substitute scenario. Upon collecting information from each jurisdiction, SANDAG staff proposes to produce a draft subregional forecast in late 2009 that would be shared with each jurisdiction for comment and review. The final forecast is expected to be presented to the SANDAG Board of Directors in early 2010 for use in the 2050 RTP. KKU/BJA/dsn 3 ITEM #4 9/1 /09 Appointment by the City Council to Regional Agencies and Boards - Metropolitan Transit System and Metro/JPA Wastewater - ITEM #5 9/1/09 APPROVAL OF THE MINUTES OF THE CITY COUNCIL / COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETING OF iUL'' 7 yW 4- 21 (City Clerk) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption ITEM 46 9/1/09 It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT 1EETING DATE September 1, 2009 AGENDA ITEM NO. 7 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of "No Parking Fire Lane" signs for portions of Lincoln Court to provide emergency vehicle access to improve safety (TSC Item No. 2009-9) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. i Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Re luf n. BOARD CO MMISSION RECOMMEDATION At their meeting on August 12, 2009 the Traffic Safety Committee approved the staff recommendation to install "No Parking Fire Lane" signs for portions of Lincoln Court to provide emergency vehicle access to improve safety. l ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee (August 12, 2009) A-200 (Rev. 7/03) Explanation Mrs. Penny Rock, home owner and resident of 2833 Lincoln Court, has requested parking restrictions on Lincoln Court to provide emergency access. Mrs. Rock has a heart condition which requires a defibulator. Her condition is such that uninhibited medical response in the event of an emergency would be crucial to her survival. According to Mrs. Rock, the street narrows at several locations making it impossible for automobiles and emergency vehicles to travel down the street when vehicles are parked on both sides. Several times Mrs. Rock's son has had to park down the street and walk to the property because there was not enough clearance for his car to pass between the parked vehicles. Access to the south end of the street was completely blocked. Mrs. Rock stated that this is a common occurrence in the evenings. The majority of the street and adjacent residences are in the City, while the south end of the street becomes County. As such, City Engineering and Fire staff coordinated with County Engineering staff to survey the street, provide recommendations for emergency vehicle access, and gather input from the residents. The survey indicates that the paved roadway width narrows to less than 20 feet at several locations. No curb, gutter or sidewalk is provided. Most of the shoulders are unsuitable for parking vehicles. These conditions inhibit emergency vehicle access for much of the street when vehicles park on both sides. City Engineering sent letters to all City residents on Lincoln Court. No formal responses were received. However, Mr. Eduardo Gonzalez, resident of Lincoln Court, spoke at the Traffic Safety Committee meeting on behalf of a few of his neighbors who could not attend. He stated that the parking restrictions would only be a temporary solution and that ultimately the City should consider widening the street. He also stated that while he does not oppose the parking restrictions, he believes parking will still be an issue for the street and that a long-term solution such as roadway widening is needed. County engineering staff polled five of their residents on Lincoln Court. Three residents were in support of the parking restrictions, while two residents did not reply. Staff recommends implementing the parking restrictions illustrated in the attached Traffic Safety Committee staff report to provide emergency vehicle access to improve safety. All work will be completed by the City Public Works Department. TSC 2009-9 RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE INSTALLATION OF "NO PARKING FIRE LANE" SIGNS FOR PORTIONS OF LINCOLN COURT TO PROVIDE EMERGENCY VEHICLE ACCESS TO IMPROVE SAFETY WHEREAS, Ms. Penny Rock of 2833 Lincoln Court has requested the installation of "No Parking FIRE LANE" signs for portions of Lincoln Avenue to provide emergency access to improve safety; and WHEREAS, vehicles parked on both sides of Lincoln Court in this vicinity prevent emergency vehicles and other vehicles to travel down the street at this point; WHEREAS, at its meeting on August 12, 2009, the Traffic Safety Committee approved the staff's recommendation to install "No Parking Fire Lane" signs in the vicinity of 2833 Lincoln Court to provide emergency vehicle access to improve safety. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to approve installation of "No Parking Fire Lane" signs for portions of Lincoln Court to provide emergency vehicle access to improve safety. PASSED and ADOPTED this 1st day of September, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR AUGUST 12, 2009 ITEM TITLE: ITEM NO. 2009-9 REQUEST FOR PARKING RESTRICTIONS ON LINCOLN COURT TO PROVIDE EMERGENCY VEHICLE ACCESS AND IMPROVE SAFETY (BY P. ROCK). PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mrs. Penny Rock, home owner and resident of 2833 Lincoln Court, has requested parking restrictions on Lincoln Court to provide emergency access. Mrs. Rock has a heart condition which requires a defibulator. Her condition is such that uninhibited medical response in the event of an emergency would be crucial to her survival. According to Mrs. Rock, the street narrows at several locations making it impossible for automobiles and emergency vehicles to travel down the street when vehicles are parked on both sides. Several times Mrs. Rock's son has had to park down the street and walk to the property because there was not enough clearance for his car to pass between the parked vehicles. Access to the south end of the street was completely blocked_ Mrs. Rock stated that this is a common occurrence in the evenings. The majority of the street and adjacent residences are in the City, while the south end of the street becomes County_ As such, City Engineering and Fire staff have coordinated with County Engineering staff to survey the street, provide recommendations for emergency vehicle access, and gather input from the residents. The survey indicates that the paved roadway width narrows to less than 20 feet at several locations. No curb, gutter or sidewalk is provided_ Most of the shoulders are unsuitable for parking vehicles_ These conditions inhibit emergency vehicle access for much of the street when vehicles park on both sides. As such, staff recommends implementing the parking restrictions illustrated in the attached exhibit. STAFF RECOMMENDATION: Staff recommends installation of "No Parking Fire Lane" signs for portions of Lincoln Court to provide emergency vehicle access to improve safety (see attached exhibit)_ EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 4. Exhibit — Recommended Safety Enhancements 2009-9 Lincoln Court Safety Concerns (on behalf of Mrs. Penny Rock) This correspondence is a summary of a conversation City staff had with Mrs. Penny Rock, home owner and resident of 2833 Lincoln Court. Mrs. Rock stated that she has a heart condition which requires a defibulator_ Her condition is such that uninhibited medical response in the event of an emergency would be crucial to her survival. According to Mrs. Rock, the street narrows at several locations making it impossible for automobiles and emergency vehicles to travel down the street when vehicles are parked on both sides. Several times Mrs. Rock's son has had to park down the street and walk to the property because there was not enough clearance for his car to pass between the parked vehicles. Access to the south end of the street was completely blocked. Mrs. Rock slated that this is a common occurrence in the evenings. Mrs. Rock also stated that since the street has no regulatory signs or painted markings to prevent vehicles from parking the Police are unable to provide enforcement. Mrs. Rock provided photos taken in the evening which capture this situation and has asked staff to provide a solution for this problem. Location Map 21' Existing paved roadway width n Existing fire hydrant City/County Boundary Lincoln Court (looking north) Lincoln Court (looking south) Lincoln Court — Recommended Safety Enhancements Recommended "No Parking" Existing paved roadway width Existing fire hydrant City of National City, California COUNCIL AGENDA STATEMENT 1EETING DATE September 1, 2009 AGENDA ITEM NO. 8 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of red curb "no parking" at the southeast corner of Highland Avenue and Bucky Lane to improve sight distance and safety for vehicles stopped on westbound Bucky Lane (TSC Item No. 2009-10) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No STAFF RECOMMENDATION Adopt the Resol tion. BOARD / COMM _ SION RECOMMEDATION At their meeting on August 12, 2009 the Traffic Safety Committee approved the staff recommendation to install 80 feet of red curb "no parking" at the southeast corner of Highland Avenue and Bucky Lane to improve sight distance and safety for vehicles stopped on westbound Bucky Lane. ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee (August 12, 2009) A-200 (Rev. 7/03) Explanation Mr. Carlos Angeles, resident of 923 Bucky Lane, has requested red curb "no parking" at the southeast corner of Highland Avenue and Bucky Lane to improve sight distance for vehicles stopped on westbound Bucky Lane. Mr. Angeles stated that given the speeds of vehicles traveling on Highland Avenue, it is difficult to exit Bucky Lane when vehicles are parked at the southeast corner of the intersection. Staff surveyed the site and reviewed the traffic collision history. No reported traffic collisions have occurred at this location in recent years. The speed limit on Highland Avenue is 35 mph. Sight distance is impaired by shrubs in front of the business at 319 N. Highland Avenue and the horizontal and vertical curvature of the roadway. Staff will coordinate with City Neighborhood Services to work with the owner to trim the shrubs. Sight distance is further impaired when vehicles park at the southeast corner of the intersection. There is ample parking on the east side of Highland Avenue between Bucky Lane and Eta Street to the south. Based on the 35 mph speed limit and low parking demand further south on the block, staff recommends installation of 80 feet of red curb "no parking" at the southeast corner of Highland Avenue and Bucky Lane to improve sight distance and safety for vehicles stopped on westbound Bucky Lane. All work will be completed by the City Public Works Department. TSC 2009-10 RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE INSTALLATION OF A RED CURB AT THE SOUTHEAST CORNER OF HIGHLAND AVENUE AND BUCKY LANE TO IMPROVE SIGHT DISTANCE FOR VEHICLES STOPPED ON WESTBOUND BUCKY LANE WHEREAS, Mr. Carlos Angeles of 923 Bucky Lane has requested installation of "red curb" no parking at the southeast corner of Highland Avenue and Bucky Lane to improve sight distance for vehicles stopped on westbound Bucky Lane; and WHEREAS, sight distance at this location is impaired by shrubs in front of the business located at 319 North Highland Avenue, and by the horizontal and vertical curvature of the street; and WHEREAS, at its meeting on August 12, 2009, the Traffic Safety Committee approved the staffs recommendation to install 80 feet of red curb "no parking" at the southeast corner of Highland Avenue and Bucky Lane. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to approve installation of 80 feet of red curb "no parking" at the southeast corner of Highland Avenue to improve sight distance for vehicles stopped on westbound Bucky Lane. PASSED and ADOPTED this lst day of September, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR AUGUST 12, 2009 ITEM TITLE: ITEM NO: 2009-10' REQUEST FOR RED CURB "NO PARKING" TO IMPROVE SIGHT DISTANCE AT THE SOUTHEAST CORNER OF HIGHLAND AVENUE AND BUCKY LANE (BY C. ANGELES) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mr. Carlos Angeles, resident of 923 Bucky Lane, has requested red curb "no parking" at the southeast corner of Highland Avenue and Bucky Lane to improve sight distance for vehicles stopped on westbound Bucky Lane. Mr. Angeles stated that given the speeds of vehicles traveling on Highland Avenue, it is difficult to exit Bucky Lane when vehicles are parked at the southeast corner of the intersection. Staff surveyed the site and reviewed the traffic collision history_ No reported traffic collisions have occurred at this location in recent years. The speed limit on Highland Avenue is 35 mph. Sight distance is impaired by shrubs in front of the business at 319 N. Highland Avenue and the horizontal and vertical curvature of the roadway_ Staff will coordinate with City Neighborhood Services to work with the owner to trim the shrubs. Sight distance is further impaired when vehicles park at the southeast corner of the intersection- There is ample parking on the east side of Highland Avenue between Bucky Lane and Eta Street to the south. STAFF RECOMMENDATION: Staff recommends installation of 80 feet of red curb "no parking' at the southeast corner of Highland Avenue and Bucky Lane to improve sight distance for vehicles stopped on westbound Bucky Lana EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2009-10 Stephen Manganiello From: Carlos Angeles tcarlosangeles@ymail.com] Sent: Friday, July 24, 2009 124 PM To: Stephen Manganiello Subject: Re: Request for red curb - highland / Bucky Dear Stephen Manganiello, This e-mail is to confirm the complaint 1 had about the south-east corner of l hghland Ave. intersecting Bucky Ln_ 1 hink it should be painted red all the way up to the top of the slope_ There have been numerous times we have :ontacted the traffic department about semi -trucks parked there for days and causing a very hazardous blockage of view for cars coming out of Bucky Ln_ It is realy dangerous because cars are typicaly driving north on Highland Ave. at about 30 or 40 mph and when we are. :vying to come out of Bucky Ln. you can't see those cars until the last second. Please have that painted red before we have a tragic accident here_ Thanks in advance for your prompt action_ 1. Carlos Angeles )23 Bucky Ln. National City, CA 91950 :619) 259-3788 Location Map Becky Lane, westbound approach at Iighland Avenue (looking south) Shrubs in front of 319 N. Highland Avenue (looking south) City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE September 1, 2009 AGENDA ITEM NO. 9 1-ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of red curb "no parking" at driveways and striping enhancements to improve safety on Plaza Boulevard between Manchester Street and 8th Street / Paradise Valley Road (TSC Item No. 2009-11) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolutio BOARD / COMMISS ON RECOMMEDATION At their meeting on August 12, 2009 the Traffic Safety Committee approved the staff recommendation to install red curb "no parking" at driveways and striping enhancements to improve safety on Plaza Boulevard between Manchester Street and 8th Street / Paradise Valley Road. ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee (August 12, 2009) l A-200 (Rev. 7/03) Explanation Mr. Frank Reyes, resident of 3414 E. Plaza Boulevard, has requested red curb "no parking" and striping enhancements to improve safety on Plaza Boulevard between Manchester Street and 8'h Street / Paradise Valley Road. Mr. Reyes stated that it is difficult to exit his driveway due to: a) parked vehicles partially blocking his driveway, b) vehicles traveling northbound on Plaza Boulevard at excessive speeds, and c) right -turning vehicles from Manchester St. turning too closely to the east curbline adjacent to his driveway. Mr. Reyes also stated that he has seen several collisions where vehicles traveling northbound on Plaza Blvd. have side- swiped or rear -ended parked vehicles. Staff surveyed the site and reviewed the traffic collision history. There was one reported traffic collision at this location that was related to the concerns presented by Mr. Reyes. A vehicle traveling northbound on Plaza Blvd. at excessive speeds rear -ended a parked vehicle resulting in property damage. The speed limit on this portion of Plaza Blvd. is 40 mph. The northbound outside travel lane on Plaza Blvd. is 19 feet wide, which accommodates 11 feet for thru traffic and 8 feet for parallel parking along the east curbline. Staff recommends the following safety enhancements for northbound Plaza Blvd. between Manchester Street and 8° Street / Paradise Valley Road: 1) Stripe an 8-inch wide solid white lane line to delineate an 8-foot wide parking lane to: a) better channelize thru traffic on Plaza Blvd / right -turning traffic from Manchester Street, b) provide traffic calming, and c) provide a visual buffer and more clearance between thru traffic and vehicles parked along the east curbline. 2) Paint 3 feet of red curb "no parking" on the north side and 8 feet on the south side of each of the five driveways located on the east side of Plaza Blvd. to improve visibility and access. All work will be completed by the City Public Works Department. TSC 2009-11 RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE INSTALLATION OF A RED CURB "NO PARKING" AT DRIVEWAYS, AND STRIPING ENHANCEMENTS TO IMPROVE SAFETY ON PLAZA BOULEVARD BETWEEN MANCHESTER STREET AND EIGHTH STREET / PARADISE VALLEY ROAD WHEREAS, Mr. Frank Reyes of 3414 East Plaza Boulevard has requested red curb "no parking" at driveways, and striping enhancements to improve safety on Plaza Boulevard between Manchester Street and Eighth Street / Paradise Valley Road; and WHEREAS, staff has recommended the following safety enhancements for northbound Plaza Blvd. between Manchester Street and 8th Street / Paradise Valley Road: 1) Stripe an 8-inch wide solid white lane line to delineate an 8-foot wide parking lane to: a) better channelize thru traffic on Plaza Blvd / right -turning traffic from Manchester Street, b) provide traffic calming, and c) provide a visual buffer and more clearance between thru traffic and vehicles parked along the east curbline. 2) Paint 3 feet of red curb "no parking" on the north side and 8 feet on the south side of each of the five driveways located on the east side of Plaza Blvd. to improve visibility and access; and WHEREAS, at their meeting on August 12, 2009, the Traffic Safety Committee approved the installation of red curb "no parking," and striping enhancements to improve safety on Plaza Boulevard between Manchester Street and Eighth Street / Paradise Valley Road. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to approve installation of red curb "no parking," and striping enhancements to improve safety on Plaza Boulevard between Manchester Street and Eighth Street / Paradise Valley Road, according to staff's recommendation set forth herein above. PASSED and ADOPTED this 1st day of September, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael Della, City Clerk George H. Eiser, III City Attorney 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR AUGUST 12, 2009 ITEM TITLE: ITEM NO. 2009-11 REQUEST FOR RED CURB "NO PARKING" AND STRIPING ENHANCEMENTS TO IMPROVE SAFETY ON PLAZA BOULEVARD BETWEEN MANCHESTER STREET AND 8TH STREET / PARADISE VALLEY ROAD (BY F. REYES) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mr. Frank Reyes, resident of 3414 E. Plaza Boulevard, has requested red curb "no parking" and striping enhancements to improve safety on Plaza Boulevard between Manchester Street and 8th Street / Paradise Valley Road. Mr. Reyes stated that it is difficult to exit his driveway due to: a) parked vehicles partially blocking his driveway, b) vehicles traveling northbound on Plaza Boulevard at excessive speeds, and c) right - turning vehicles- from Manchester St. turning too closely to the east curbline adjacent to his driveway. Mr. Reyes also stated that he has seen several collisions where vehicles traveling northbound on Plaza Blvd. have side -swiped or rear -ended parked vehicles. Staff surveyed the site and reviewed the traffic collision history. There was one reported traffic collision at this location that was related to the concerns presented by Mr. Reyes. A vehicle traveling northbound on Plaza Blvd. at excessive speeds rear -ended a parked vehicle resulting in property damage. The speed limit on this portion of Plaza Blvd. is 40 mph. The northbound outside travel lane on Plaza Blvd. is 19 feet wide, which accommodates 11 feet for thru traffic and 8 feet for parallel parking along the east curbline_ STAFF RECOMMENDATION: Staff recommends the following safety enhancements for northbound Plaza Blvd. between Manchester Street and 8th Street / Paradise Valley Road: 1) Stripe an 8-inch wide solid white lane line to delineate an 8-foot wide parking lane to: a) better channelize thru traffic on Plaza Blvd / right -turning traffic from Manchester Street, b) provide traffic calming, and c) provide a visual buffer and more clearance between thru traffic and vehicles parked along the east curbline. 2) Paint 3 feet of red curb "no parking" on the north side and 8 feet on the south side of each of the five driveways located on the east side of Plaza Blvd. to improve visibility and access. EXHIBITS: 1. Location Map 2. Photos 3. Traffic Collision History Report 2009-11 Location Map Plaza Blvd. between Manchester St. and Sth Street / Paradise Valley Rd (looking north) Southeast corner of Plaza Blvd. & Manchester St. (looking northwest) City of National City Engineering Department Traffic Collision History Report Midblock Collisions Arterial: PLAZA EL Limit 1: MANCHESTER ST Limit 2: 08TH ST Total Number of Collisions: 1 Date Range Reported: 1/1(2006 • 9/30/2008 Report No. Date DistlDir Location Type of Collision Time 3665783 3/21/08 0' Plaza BUManchester St Rear -End 11:30 In Int, Total Number of Collisions: 1 Segment Length: 0,08 miles (443') Motor Veh, Involved With 8/8/'2009 Page 1 # # DOT1 MPC 1 DOT2 MPC 2 PCF Inj Kid Parked Motor East Parked East Proceeding Ursafe Speed C C Vehicle Straight City of National City, California COUNCIL AGENDA STATEMENT EETING DATE September 1, 2009 AGENDA ITEM NO. 10 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of "Commercial Vehicles Over 3 Tons Prohibited" regulatory signs on Marina Way to enhance safety (TSC Item No. 2009-12) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No STAFF RECOMMENDATION Adopt the Resol . tion. BOARD / COMM! =' ON RECOMMEDATION At their meeting on August 12, 2009 the Traffic Safety Committee approved the staff recommendation to install "Commercial Vehicles Over 3 Tons Prohibited" regulatory signs on Marina Way to enhance safety. ATTACHMENTS (Listed Below) 1. Resolution 2. Staff Report to the Traffic Safety Committee (August 12, 2009) Resolution No. A-200 (Rev. 7/03) Explanation City staff has received complaints from citizens and nearby business owners regarding heavy trucks using Marina Way as a thru route. Staff surveyed Marina Way and surrounding streets. Marina Way is a two-lane street with speed humps throughout for traffic calming. Parking is prohibited for most of the street. A 12-foot wide sidewalk is provided on the east side of the street adjacent to the scenic wetlands area to provide pedestrian connectivity between existing and future commercial activity centers on Bay Marina Drive and the Pier 32 Marina / Bayfront area. Historical street lights and landscaping are provided on both sides of the street to further enhance the pedestrian environment. Heavy commercial vehicles present safety concerns for this pedestrian -oriented street. Currently there is a sign posted on the north end of Marina Way prohibiting commercial vehicles in excess of "5 tons". According to the City Municipal Code, Section 11.40.060, trucks exceeding a maximum gross weight of 6,000 lbs. (3 tons) shall only use designated truck routes for goods movement. According to the City Municipal Code, Marina Way is not a designated truck route. Heavy commercial vehicles can deliver goods / services to nearby businesses via direct access from Bay Marina Drive, Tidelands Avenue and E. 32nd Street; and therefore, do not need to use Marina Way. Staff recommends installation of "Commercial Vehicles Over 3 Tons Prohibited" regulatory signs on Marina Way to enhance safety and provide consistency with the City Municipal Code. All work will be completed by the City Public Works Department. TSC 2009-12 RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE INSTALLATION OF "COMMERCIAL VEHICLES OVER 3 TONS PROHIBITED" REGULATORY SIGNS ON MARINA WAY TO ENHANCE SAFETY WHEREAS, City staff has received complaints from citizens and nearby business owners regarding heavy traffic using Marina Way as a through route; and WHEREAS, currently there is a sign posted on the north end of Marina Way prohibiting commercial vehicles in excess of 5 tons; and WHEREAS, Municipal Code Section 11.40.060 provides that trucks exceeding a maximum gross weight of 6,000 pounds (3 tons) shall use only designated truck routes for movement of goods; and WHEREAS, Marina Way is not designated as a truck route pursuant to the Municipal Code; and WHEREAS, at their meeting on August 12, 2009, the Traffic Safety Committee approved the staff recommendation to install "Commercial Vehicles Over 3 Tons Prohibited" regulatory signs on Marina Way to enhance safety. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to approve installation of "Commercial Vehicles Over 3 Tons Prohibited" regulatory signs on Marina Way to enhance safety. PASSED and ADOPTED this lst day of September, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, I11 City Attorney 11.40.060 Truck routes --Use required. All motor vehicles exceeding a maximum gross weight of six thousand pounds are prohibited from using all other streets within said city, excepting commercial vehicles using any such street by direct route to and from the through routes for the movement of motor vehicles of more than six thousand pounds specified in Section 11.40.050, for the purpose of delivering or loading for transportation goods, wares or merchandise, and also excepting any vehicle which is subject to the provisions of Section 50 1/4 of the Public Utilities Act, and also excepting any vehicle owned by a public utility while necessarily in use in the construction, installation or repair of any public utility. (Ord. 857 § 2, 1954) Marina Way, north end at Say Marina Drive (looking south) d Marina Way, south end at W. 32"Street (looking north) Location Map 4 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR AUGUST 12, 2009 ITEM TITLE: ITEM NO. 2009-12 REQUEST TO POST SIGNS ON MARINA WAY PROHIBITING COMMERCIAL VEHICLES OVER 3 TONS TO ENHANCE SAFETY (BY CITY, ON BEHALF OF CITIZENS) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: City staff has received complaints from citizens and nearby business owners regarding heavy trucks using Marina Way as a thru route. Staff surveyed Marina Way and surrounding streets. Marina Way is a two-lane street with speed humps throughout for traffic calming. Parking is prohibited for most of the street. A 12-foot wide sidewalk is provided on the east side of the street adjacent to the scenic wetlands area to provide pedestrian connectivity between existing and future commercial activity centers on Bay Marina Drive and the Pier 32 Marina / Bayfront area. Historical street lights and landscaping are provided on both sides of the street to further enhance the pedestrian environment. Heavy commercial vehicles present safety concerns for this pedestrian - oriented street. Currently there is a sign posted on the north end of Marina Way prohibiting commercial vehicles in excess of "5 tons". According to the City Municipal Code, Section 11.40.060, trucks exceeding a maximum gross weight of 6,000 lbs. (3 tons) shall only use designated truck routes for goods movement. According to the City Municipal Code, Marina Way is not a designated truck route. Heavy commercial vehicles can deliver goods / services to nearby businesses via direct access from Bay Marina Drive, Tidelands Avenue and E. 32"1 Street; and therefore, do not need to use Marina Way. STAFF RECOMMENDATION: Staff recommends installation of the following regulatory sign at both ends of Marina Way to enhance safety and provide consistency with the City Municipal Code: "Commercial Vehicles Over 3 Tons Prohibited" EXHIBITS: 1. Location Map 2_ Photos 3. City Municipal Code (Section 11.40.060) 2009-12 City of National City, California COUNCIL AGENDA STATEMENT •EETING DATE September 1, 2009 AGENDA ITEM NO. 11 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of "No U-turn" signs at the intersection of "F" Avenue and E. 28th Street to improve traffic safety and circulation (TSC Item No. 2009-13) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolut-. n. 44( BOARD 1 COMMIS`` 0 RECOMMEDATION At their meeting on August 12, 2009 the Traffic Safety Committee approved the staff recommendation to install "No U-turn" signs at the intersection of "F" Avenue and E. 28th Street to improve traffic safety and circulation. ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee (August 12, 2009) A-200 (Rev. 7/03) Explanation Mr. Wes Braddock, Principal of Sweetwater High School, has requested installation of "No U- turn" signs at the intersection of "F" Avenue and E. 28th Street to improve traffic safety and circulation. Staff visited the site during peak school drop-off / pick-up periods and witnessed drivers making U-turns from both the southbound and westbound approaches. The geometry of this intersection does not support this type of maneuver. This type of maneuver severely disrupts traffic circulation and poses a threat to driver and pedestrian safety given the proximity to the school and student drop-off / pick-up area. Staff recommends installation of "No U-turn" signs at the intersection of "F" Avenue and E. 28th Street for both the southbound and westbound approaches. All work will be completed by the City Public Works Department. TSC 2009-13 RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE INSTALLATION OF "NO U-TURN" SIGNS AT THE INTERSECTION OF "F" AVENUE AND E. 28TH STREET TO IMPROVE TRAFFIC SAFETY AND CIRCULATION WHEREAS, Mr. Wes Braddock, Principal of Sweetwater High School, has requested installation of "No U-turn" signs at the intersection of "F" Avenue and E. 28th Street to improve traffic safety and circulation; and WHEREAS, City staff visited the site during peak school drop-off / pick-up periods and witnessed drivers making U-turns from both the southbound and westbound approaches. The geometry of this intersection does not support this type of maneuver. This type of maneuver severely disrupts traffic circulation and poses a threat to driver and pedestrian safety given the proximity to the school and student drop-off / pick-up area; and WHEREAS, at their meeting on August 12, 2009, the Traffic Safety Committee approved the staff recommendation to install "No U-turn" signs at the intersection of "F" Avenue and E. 28th Street to improve traffic safety and circulation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to approve installation of "No U-turn" signs at the intersection of "F" Avenue and E. 28th Street for both the southbound and westbound approaches to improve traffic safety and circulation. PASSED and ADOPTED this 1st day of September, 2009. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, I11 City Attorney 5 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR AUGUST 12, 2009 ITEM NO. 2009-13 ITEM TITLE: REQUEST TO POST "NO U-TURN" SIGNS AT THE INTERSECTION OF "F" AVENUE AND E. 28T" STREET, ADJACENT TO SWEETWATER HIGH SCHOOL (BY W. BRADDOCK, PRINCIPAL) PREPARED BY: Stephen Manganieilo, Engineering Department DISCUSSION: Mr. Wes Braddock, Principal of Sweetwater High School, has requested installation of "No U-turn" signs at the intersection of "F" Avenue and E. 281h Street to improve traffic safety and circulation. Staff visited the site during peak school drop-off / pick-up periods and witnessed drivers making U-turns from both the southbound and westbound approaches. The geometry of this intersection does not support this type of maneuver. This type of maneuver severely disrupts traffic circulation and poses a threat to driver and pedestrian safety given the proximity to the school and student drop-off / pick-up area_ STAFF RECOMMENDATION: Staff recommends installation of "No U-turn" signs at the intersection of `F' Avenue and E. 281h Street for both the southbound and westbound approaches. EXHIBITS: 1. Location Map 2. Photos 2009-13 Location Map Intersection of "F" Ave. & E. 281I' St., southbound approach (looking south) Intersection of "F" Ave. & E. 28'h St., westbound approach (looking west) City of National City, California COUNCIL AGENDA STATEMENT METING DATE September 1, 2009 AGENDA ITEM NO. 12 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of a blue curb handicap parking space with sign in front of the residence at 1921 Orange Street (TSC Item No. 2009-14) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMEDATION At their meeting on August 12, 2009 the Traffic Safety Committee approved the staff recommendation to install a blue curb handicap parking space with sign in front of the residence at 1921 Orange Street. ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee (August 12, 2009) L. A-200 (Rev. 7/03) Explanation Mrs. Herminia Nuese has requested the installation of a blue curb handicap parking space in front of her house located at 1921 Orange Street. Mrs. Nuese has severe Rheumatoid Arthritis resulting in deformation of her hands and feet. She is dependent on a walker and/or wheelchair for mobility. She has a valid Disabled Person Placard from the State of California Department of Motor Vehicles. Staff visited the site and observed that there is an off-street parking space, but the grade of the driveway is too steep to provide access given her condition. Therefore, staff has determined that the available off-street parking is not useable for Mrs. Nuese. Currently, there are no blue curb handicap parking spaces provided on the street. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that maybe converted into disabled parking. This condition is met. Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with sign in front of the residence at 1921 Orange Street. All work will be completed by the City Public Works Department. TSC 2009-14 RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A DISABLED PERSON'S PARKING SPACE WITH SIGN AT 1921 ORANGE STREET WHEREAS, Ms. Hermina Nuese has requested the installation of a blue curb disabled person's parking space at 1921 Orange Street; and WHEREAS, City staff has determined that the request has met all conditions of the City's Disabled Person's Parking Policy for the installation of a disabled person's parking space; and WHEREAS, at their meeting on August 12, 2009, the Traffic Safety Committee approved the staff recommendation to install a blue curb disabled person's parking space with sign in front of the residence at 1921 Orange Street. WHEREAS, pursuant to the provisions of Section 22511.7 of the California Vehicle Code, the City Council hereby determines that the public health, safety and welfare will be best protected by establishing one on -street disabled person's parking space with sign at 1921 Orange Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Council hereby establishes one on -street disabled person's parking space with sign at 1921 Orange Street. BE IT FURTHER RESOLVED that the authorization granted pursuant to this Resolution shall not become effective until a "Disabled Parking" sign and blue curb markings have been established in the area designated above. PASSED and ADOPTED this 1st day of September, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael Della, City Clerk George H. Eiser, III City Attorney ITEM TITLE: NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR AUGUST 12, 2009 ITEM NO. 2009-14 REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 1921 ORANGE STREET (BY H. NUESE) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mrs. Herminia Nuese has requested the installation of a blue curb handicap parking space in front of her house located at 1921 Orange Street. Mrs. Nuese has severe Rheumatoid Arthritis resulting in deformation of her hands and feet. She is dependent on a walker and/or wheelchair for mobility. She has a valid Disabled Person Placard from the State of California Department of Motor Vehicles. Staff visited the site and observed that there is an off-street parking space, but the grade of the driveway is too steep to provide access given her condition. Therefore, staff has determined that the available off-street parking is not useable for Mrs. Nuese. Currently, there are no blue curb handicap parking spaces provided on the street. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces_ The City Council Policy requirements for "Special Hardship" cases are as follows: Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. The residence must not have useable off-street parking available or an off-street space available that maybe converted into disabled parking. This condition is met. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with sign in front of the residence at 1921 Orange Street. EXHIBITS: 1. Correspondence 2_ Location Map 3. Photos 4. Disabled Persons Parking Policy 2009-14 Traffic Division 1243 National City Blvd. National City, CA. 91950 Attention : Engineering Department August 3, 2009 Hello, my name is 1-lcrnunia Nuese and I am writing you this letter in regards to my desperate need to place a handicap parking in the front of my home at 1921 Orange Street. National City CA. 91950. 1 have severe Rheumatoid Arthritis, my hands and feet are severely deformed, which makes me depend on a walker or wheelchair 24 hours a day, seven days a week. I have been a resident of 1921 Orange Street for the past 35 years, in these last 3 years having access to my curve in front of my home has been a problem, mainly because most single family residences have at Least four cars per house_ I can not even park in front of my home because there is no parking, the block is filled with cars everywhere, many residences block their own driveways because there is no where else to park_ I can not go and park in my driveway because it is unleveled and extremely dangerous and painful for me. 1 need to park in front of my home in order to even he able to get in or out of my vehicle. I struggle just to be able to get in or out of my vehicle, being unable to have access to the curve in front of my home makes it more of a burden for me. Thank You All very much for your time and consideration regarding this matter. Sincerely, PI Herminia C. Nuese L. ;,Z.a4 1 TYPE: N1 TV:92 DOB: 11 /24/ 1942 ISSUED TO NUESE HERMINIA CARDENAS 1921 ORANGE ST NATIONAL CITY CA 91950 Purchase of fuel (Business & Professions Code 13660): state law requires service stations to refuel a disabled person's vehicle at self-service rates, except self-service facilities with only one cashier_ DEPARTMENT OF MOTOR VEHICLES PLACARD NUMBER: 004134H EXPIRES: 06/30/2011 DATE ISSUED: 03/28/2009 DISABLED PERSON PLACARD IDENTIFICATION CARD/RECEIPT This identification card or facsimile copy is to be carried by the placard owner_ Present it to any peace officer upon demand. Immediately notify DMV by mail of any change of address_ When parking, hang the placard from the rear view mirror, remove it from the mirror when driving. When your placard is properly displayed, you may park in or on: CO: 37 ' Disabled person parking spaces (blue zones) • Metered zones without paying_ ' Green zones without restrictions to time limits. ' Streets where preferential parking privileges are residents and merchants_ You may not park in or on: ' Red, Yellow, White or Tow Away Zones_ ' Crosshatch marked spaces next to disabled person parking spaces_ It is considered misuse to: ' Display a placard unless the disabled owner is being transported. • Display a placard which has been cancelled or revoked. " Loan your placard to anyone, including family members_ Misuse is a misdemeanor (section 4461VC) and can result in cancellation or revocation of the placard, loss of parking privileges, and/or fines_ given tc litta DPP000 R.e t REMOVE FROM MIRROR BEFORE DRIVING VEHICLE CALIFORNIA "WARNING: The illegal use of a disabled parking placard could result in a maximum fine of $3,500." 004134 H PURCHASE OF FUEL (Business & Professions Code 13660) State law requires service stations to refuel a disabted person's venicle at self-service rates, except at service facilities with only one employee on duty. R OSRATRIN VNID FROM TYPE tl(FIFJC NUMBER AUTO 10/10/2008 TO 10/10/2009 11 4HSP156 Vn9CJ F COUWATnON NM$ER 2HGEJ6615YH507376 BODY TYPE WDEL GYIS DATE FIRST SOLD ( ,Ss 4D 100/00/1999 IDF DATE ISSUED TYPE OFH + F AX 1 MI UNLNJFWCjCGW I 10/17/2008 nAxE HOND Yr. N.odtl 12000 (DIAL FE S PAID $68 3700 NUESE HERMINIA G o 1921 ORANGE ST s w NATIONAL CITY CA 91950-6129 7 F iE 3E D TI R0044 1,1 L0018 O 0 RI5101420084103 E SATE OF CAt.IFORNIA ] DEPARTMENT OF MOTOR VEHICLES VALIDATED REGISTRATION CARD IlJ1 TO REMOVE THE STICKER FROM THE BACKING, BEND STICKER AT SLIT AND PEEL SLOWLY INSTRUCTIONS FOR APPLYING STICKER TO LICENSE PLATE 1 CLEAN SURFACE THOROUGHLY. SCRAPE OFF ACCUMULATED STICKERS (STICKER WILL NOT STICK IF WET OR DIRTY)- 2. PUT STICKER ON REAR LICENSE PLATE AS SHOWN BELOW MOTORCYCLES: Right Hatt of This Web ALL OTHERS: In Top Right Como a5� c-tt 1Af1i)flff micAttfoRNIA 1 SAM 123 EXCEPT: Truck Tractors And Commercial Vehicles %ldh A Declared Gross Vehicle Weight of 10,001 Ms. Location Map 1921 Orange Street (looking east) 1921 Orange Street (looking cast) DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose . vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles_ The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21 101, et seq at the following facilities: Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc 2 hospitals and convalescent homes with more than 75-bed capacity_ 3 Medical facilities and doctors' offices staffed by a maximum of live practitioners Zones shall he located to serve a maximum number of facilities on one Klock. 4 Community service facilities such as senior citizens service centers, etc_ Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons_ 6 Employment ottices for major enterprises employing more than 200 persons_ Public recreational facilities including municipal swimming pools, recreation halls, museums, etc_ Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9 Other places of assembly such as schools and churches. 10. Commercial and/or office building(s) with an aggregate of more than 50,000 squate feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block_ 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. I2_ A hotel or apartment house catering to weekly or monthly guests and containing more than 10 separate living units_ In addition, disabled persons parking spaces may he provided .vithin all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant)_ Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3°,4 of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area Disabled persons parking will not be installed at locations with a full-time parking prohibition_ When a disabled persons parking zone is installed where a part-time parking prohibition is in effect; the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature_ The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program_ Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right -jot -way, especially in residential areas_ However, exceptions may be made, in special hardship cases, provided all of the following conditions exists- (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence_ (3) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE It must be emphasized that such parking spaces do not constitute "personal reserved parking' and that any person with valid "disabled persons" license plates may park in the above stalls Jha.p City of National City, California COUNCIL AGENDA STATEMENT EETING DATE September 1, 2009 AGENDA ITEM NO. 13 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of red curb "no parking" for the Paradise Knoll Court cul-de-sac to provide emergency vehicle access for the safety of the residents (TSC Item No. 2009-15) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolu 'on. BOARD / COMMIS 10 RECOMMEDATION At their meeting on August 12, 2009 the Traffic Safety Committee approved the staff recommendation to install red curb "no parking" for the Paradise Knoll Court cul-de-sac to provide emergency vehicle access for the safety of the residents. ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee (August 12, 2009) l A-200 (Rev. 7/03) Explanation Mr. James Waltz, resident of 915 Paradise Knoll Court, has requested red curb "no parking" on both sides of his driveway to improve access. Mr. Waltz stated that vehicles often park illegally "head-on" between the driveways, making it difficult for ingress and egress. Mr. Waltz also provided a photo which shows this type of parking in front of his house (see attached Traffic Safety Committee staff report). Staff surveyed the site. Paradise Knoll Court is a cul-de-sac that provides driveway access to five single-family residences. The spacing of the driveways results in small sections of curb between the driveways, which are unsuitable for parallel parking. As such, drivers are choosing to park "head-on" which is illegal. The cul-de-sac should be kept clear of parking to provide emergency vehicle access. Ample parking is available on E. 9th Street which intersects Paradise Knoll Court. Staff recommends installation of red curb "no parking" for the Paradise Knoll Court cul-de-sac to provide emergency vehicle access for the safety of the residents. All work will be completed by the City Public Works Department. TSC 2009-15 RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE INSTALLATION OF RED CURB "NO PARKING" FOR THE PARADISE KNOLL COURT CUL-DE-SAC TO PROVIDE EMERGENCY VEHICLE ACCESS FOR THE SAFETY OF THE RESIDENTS WHEREAS, Mr. James Waltz of 915 Paradise Knoll Court has requested red curb "no parking" on both sides of his driveway to improve access. Mr. Waltz stated that vehicles often park illegally "head-on" between the driveways, making it difficult for ingress and egress; and WHEREAS, City staff surveyed the site and observed that Paradise Knoll Court is a cul-de-sac that provides driveway access to five single-family residences. The spacing of the driveways results in small sections of curb between the driveways, which are unsuitable for parallel parking. As such, drivers are choosing to park "head-on" which is illegal. The cul-de- sac should be kept clear of parking to provide emergency vehicle access. Ample parking is available on E. 9th Street which intersects Paradise Knoll Court; and WHEREAS, at their meeting on August 12, 2009, the Traffic Safety Committee approved the staff recommendation to install red curb "no parking" for the Paradise Knoll Court cul-de-sac to provide emergency vehicle access for the safety of the residences. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to approve installation of red curb "no parking" for the Paradise Knoll Court cul-de-sac to provide emergency vehicle access for the safety of the residences. PASSED and ADOPTED this 1st day of September, 2009. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 7 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR AUGUST 12, 2009 ITEM NO. 2009-15 ITEM TITLE: REQUEST FOR RED CURB "NO PARKING" ON PARADISE KNOLL COURT (BY J. WALTZ) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mr. James Waltz, resident of 915 Paradise Knoll Court, has requested red curb "no parking" on both sides of his driveway to improve access. Mr. Waltz stated that vehicles often park illegally "head-on" between the driveways, making it difficult for ingress and egress. Mr. Waltz also provided a photo which shows this type of parking in front of his house Staff surveyed the site_ Paradise Knoll Court is a cul-de-sac that provides driveway access to five single-family residences. The spacing of the driveways results in small sections of curb between the driveways, which are unsuitable for parallel parking. As such, drivers are choosing to park "head-on" which is illegal. The cul-de-sac should be kept dear of parking to provide emergency vehicle access_ Ample parking is available on E. 9th Street which intersects Paradise Knoll Court STAFF RECOMMENDATION: Staff recommends installation of red curb "no parking" for the entire Paradise Knoll Court cul-de-sac to provide emergency vehicle access for the safety of the residents. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2009-15 Stephen Manganiello From: Norma Maggiora Sent: Monday, July 13, 2009 9:31 AM To: 'fames-walz@cox_nef Cc: Stephen Manganiello; Requests Subject: FW: Attachments: 1001949.jpg tr_ Walz, hank you for your service request. I am forwarding your email to Mr. Stephen Manganiello, Traffic Engineer in the ngineering Dept_ forma J. Maggiora dministrative Secretary .tblic Works Department 9: 336-4580 Fax: 336-4594 mail: nmaggiora@nationaIcityca_gov ie City has +mplemented a 4/10 work schedule_ City offices are open 7:00 om to 6:00 pm, Monday through Thursday and closed on Fridays. For more information. 4 on to www.nationnlcitycn,gov rom: James H Walz [mailto:james-walz@cox.netj ent: Saturday, July 11, 2009 3:2I PM o: PublicWorks ubject: ear Sir/Ms; een having problems with neighbors and visitors to my neighbors parking head in to the curb. I live in a cull-d-sac at 914 aradise Knoll Ct. This type of parking is illegal and had parking enforcement out on several occasions to ticket those who arked this way. The problem is that there is not enough curb to park parallel to the curb, but there is ample parking out on 9th treet_ When people park like this, it is difficult for me to back out of my garage. equest that the curb on either side of my house be painted red to prevent people to park here. The attached picture shows a ar parked between my house and the house at 915 Paradise Knoll Ct. This is a frequent occurrence_ hank You ames H. Walz 19-479-0296 7/13/2009 Location Map City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE September 1, 2009 AGENDA ITEM NO. 14 ITEM TITLE A Resolution of the City Council of the City of National City accepting the work performed by Industrial Coating and Restoration Services with the final amount of $123,925.25 authorizing the mayor to sign the final balance change order and authorizing the filing of the Notice of Completion with the County Recorder for the National City Police Department Parking Lot Deck Waterproofing Project. (Funded through General Funds) PREPARED BY DEPARTMENT EXT. 4388 Kenneth Fernandez EXPLANATION Development Services/ Engineering Please see attached page with explanation. Environmental Review X N/A MIS Approval Financial Statement Finance Director �% Funding is available through Account 001-409-500-598-1408Gener undser Re ( ) p solution 2008-224. Approved By. (},,,, Account No. STAFF RECOMMENDATI Adopt he Resolution. BOARD / t:ONif41ISS ON C ME N/A l ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Contract Final Balance 3. Notice of Completion i A-200 (Rev. 7/03) SPEC 08-14 NOC XPLANATION Per Resolution No. 2008-224, the City Council awarded a contract to Industrial Coating and Restoration Services in the amount of $102,501.25 for the construction of the National City Police Department Parking Lot Deck Waterproofing Project, Specification No. 08-14. During the course of construction, additional work was needed to reinstall and/or replace concrete wheel stops at selected parking stalls via Change Order #1 for a lump sum amount of $800.00. Therefore, the construction bid price of $102,501.25 was increased to $103,301.25 via Change Order #1. Furthermore, 1,600 additional lineal feet of caulking removal and replacement per the contract totaling $20,624.00 was added to the scope of work as a line item. This was due to deteriorated conditions discovered while work was in progress. Therefore, the construction cost of $103,301.25 was increased to a final construction cost of $123,925.25. A final inspection was completed and dosing documentation was submitted to the City for review. Final approval of the project was delayed because there were issues with the contractor's progress invoices and the delivery of final closing documents was postponed. In addition, there was a proposal for a Change Order #2 to complete additional work such as the sealing/lining of planters and the repair of outdoor stairwells. However, the cost of the proposal was too high relative to the original contracted price. As such, this additional work gill be done as a completely separate project in order to try to attain a price for the scope of pork entailed_ After these issues were resolved, the project was eligible for a notice of completion. The work was then found to be in accordance with the approved plans and specifications. Therefore, Engineering Staff recommends the acceptance of the work and the filing of a Notice of Completion for the National City Police Department Parking Lot Deck Waterproofing Project, Specification No. 08-14. In summary, the purpose of this resolution is to approve the final amount of the project at $103,301.25, accept the work performed, and authorize the filing of a Notice of Completion. RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED BY INDUSTRIAL COATING AND RESTORATION SERVICES FOR THE TOTAL FINAL AMOUNT OF $123,925.25, AUTHORIZING THE MAYOR TO SIGN THE FINAL BALANCE CHANGE ORDER, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL CITY POLICE DEPARTMENT PARKING LOT DECK WATERPROOFING PROJECT BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Department that all work required to be clone by Industrial Coating and Restoration Services, for the total final amount of $123,925.25, for the National City Police Department Parking Lot Deck Waterproofing Project has been completed, the City Council of National City hereby accepts said work, authorizes the Mayor to sign the final balance change order, authorizes the filing of a Notice of Completion, and orders that payment for said work by made in accordance with said contract. PASSED and ADOPTED this 1st day of September, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FINAL CONTRACT BALANCE CHANGE ORDER DATE: PROJECT: TO: September I, 2009 National City Police Department Parking Lot Deck 1k'aterprooling Project_ Specification No. 08-14 Industrial Coating and Restoration Services Mr. Mahmoud Merzi_ President 2534 Oceanside Boulevard Oceanside, CA 92054 ORIGINAL: CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTI L: EXTENTION OF WORK DAYS: "TOTAL CONTRACT TIME: DESCRIPTION OF CHANGE: S 102,501.25 December 1, 2008 December 29, 2008 20 k working days 0 working days 20 working days This change order is written to balance and finalize the amounts for said project. No. Original Contract Adjusted Contract Item WATERPROOFING SYSTEM REMOVE AND REPLACE CAULKING cog WHEEL SLOPS Contract Total Unit LS LF- LS Rid Qty 1.125 Unit Price 58S,000.00 12 80 Amount Qty Unit Price *88,000.00 14,501.2: Amount S 88 000 00 S12 89 S102,501.25 S88.000 00 S3s.1.22 S800 00 S8ou.u0 S/2.3,92i 2 Page I FINAL CONTRACT BALANCE CHANCE ORDER DISCUSSION: Added line items: Change Order Number One was added for a lump sum amount of $800.00. Work included the removal and replacement of broken concrete wheel stops in the upper outdoor parking lot. An additional 1,600 lineal feet of removal and replacement of caulking at $12.89 per lineal foot totaling $20,624.00 was added to the scope of work as a line item increase due to deteriorated conditions discovered while work was in progress. CONTRACT ADJUSTMENT: As a result of this change order, the contract price is adjusted as follows: 1. The final contract price to date is adjusted to $123,925.25. 2. As a result of the satisfactory completion of said project, a retention and final balance of $12,392.52 is set for invoice processing and payment upon the receipt of required signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Industrial Coating and Restoration Services will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. Page 2 FINAL CONTRACT BALANCE CHANGE ORDER RECOMMENDED FOR APPROVAL BY: BFr�c Wade �(iAs ciates ger (Consultant) g -z>— DATE. Kenneth Fernandez C/ DATE CIVIL ENGINEERING TECIINICIAN NATIONAL CITY PROJECT COORDINATOR REVIEWED BY: eJ/t;] in Daneshfar, P.E. PRINCIPAL CIVIL ENGINEER aryay' B aki. P.E. CITY ENGINEER ACCEPTED BY: DATE DAZE Industrial Coating and Restoration Services DATE CONTRACTOR APPROVED BY: Ron Morrison MAYOR DATE City of National City Resolution Number: Page I RECORDING REQUESTED BY WHEN RECORDED MAIL TO - CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY. CA 91950-4301 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS IIEREBY GIVEN of the completion on September 1, 2009, of: National City Police Department Parking Lot Deck Waterproofing Project. Specification No. 08-14 V ork of improvement or portion of work of improvement under construction or alteration. 1200 National City Boulevard, Street address National City, CA City State 91950 Zip Code "Fite undersigned owns the following interest or estate in said property: N/A Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Industrial Coating and Restoration Services Name of Original Contractor The following work and material were supplied: Laborer Groups, "trucks, Ladders, Plastic Liners, Tape, Waterproofing System Product. Mops. Concrete, Traffic Control Equipment, Painters. etc. General statement of kind of labor. services. equipment or materials The names and addresses of co -owners are: N/A Joint tenants, tenants in common, or other owners Dated: September 1, 2009. Ron Morrison, Mayor City of National City. 1243 National City Blvd., National City, CA 91950-4301 I, the undersigned. say: I have read the foregoing Notice of Completion, and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on September 1, 2009, at National City, California. Signature: RON MORRISON, MAYOR ryO( „tl-H City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 1, 2009 AGENDA ITEM NO. 15 ITEM TITLE A Resolution of the City Council of the City of National City awarding the contract to CGP Maintenance & Construction, Inc. in the amount of $58,135.60 (Spec.No. 09-06) for the replacement of the walk-in freezer, Flooring repair, Fire Suppressive system, and other ancillary repairs at the National City Senior Nutrition Center and authorizing the Mayor to execute the contract (Funded through Tax Increment Funds) PREPARED BY DEPARTMENT Adam Landa (ext. 4394) Engineering EXPLANATION The Scope of Work for this contract includes the replacement of a failing walk-in freezer first installed in 1979 when the Senior Nutrition Center opened, upgrades to portions of the fire suppression system related to cooking equipment, installing an epoxy floor coating system for improved sanitary conditions, minor remodeling related to the new freezer installation and repairs. This project was put out to bid twice. The first bid date was May 20, 2009 and one bid was submitted. That bid was returned to the contractor unopened. The second bid date was July 16, 2009 and five (5) bids were received. The low bidder was CGP Maintenance & Construction, Inc. with a bid of $58,135.60. The funding mechanism for this project is that the contract is between the City and the contractor and the initial funding source for the project will be Tax Increment funds. The TI funds, once the project is complete, will be wholly reimbursed by funds from the Kimball & Morgan Towers Replacement Reserve funds. Engineering Staff recommends that the City Council award the contract to CGP Maintenance & Construction in the amount of $58,135.60 Environmental Review .j_ NIA Financial Statement Approved B ! Finance Direct& The initial funding for this project ($58,135.60 plus a $14,534 contingency) Gvill come from Tax Increment funds which will be fully reimbursed upon project completion by Replacement Reserve funds from the operations of Morgan & Kimball Towers. As of June 30, the 5I1-41(C-142-37o .. Replacement Reserves totaled approximately $1,800,000. Account No. STAFF RECOMMENDATION /J Adopt the Resplutio BOARD / COMMISSION RECOMME 'ATION ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Bid information 3. Spread sheet for the three lowest bidders t 4 Rinaranhv A-200 (9/99) RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING THE CONTRACT TO CGP MAINTENANCE & CONSTRUCTION, INC. IN THE AMOUNT OF $58,135.60 (SPEC.NO. 09-06) FOR THE REPLACEMENT OF THE WALK-IN FREEZER, FLOORING REPAIR, ARE SUPPRESSIVE SYSTEM, AND OTHER ANCILLARY REPAIRS AT THE NATIONAL CITY SENIOR NUTRITION CENTER AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the City Engineer of the City of National City did, in open session on July 16, 2009, publicly open, examine and declare all sealed bids for Spec.No. 09-06 for replacement of the walk-in freezer, flooring repair, fire suppressive system and other ancillary repairs to the National City Senior Nutrition Center. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of National City hereby awards the contract for the replacement of the walk-in freezer, flooring repair, fire suppressive system, and other ancillary repairs at the National City Senior Nutrition Center to the lowest responsive bidder, to wit: CGP Maintenance & Construction, Inc. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City a contract between CGP Maintenance & Construction, Inc. and the City of National City for the replacement of the walk-in freezer, flooring repair, fire suppressive system, and other ancillary repairs at the National City Senior Nutrition Center, in the amount of $58,135.60. PASSED and ADOPTED this 1st day of September, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, 111 City Attorney CALIFORNIA co �)INCORPORATED BID OPENING SPECIFICATION NUMBER: 09-06 PROJECT TITLE: NATIONAL CITY SENIOR NUTRITION CENTER REPAIR TIME: 3:00 P.M. DATE: JULY 16, 2009 ESTIMATE: $90,000 PROJECT ENGINEER: ADAM LANDA NO. BIDDER'S NAME (PAGE 8-9) BID AMOUNT (PAGE 11) ADDENDA (PAGE 8) BID SECURITY (PAGE I3-CHECK (PAGE 14 -BOND) 1. CDP MAINTENANCE & CONSTRUCTION SERVICES INC. 7270 ENGINEER ROAD, #D SAN DIEGO, CA 92111 $58,135.60 YES YES 2. DB/CM CONSTRUCTION 27620 COMMERCE CENTER, SUITE 103 TEMECULA, CA 92590 $74,500.00 YES YES 3. SUMMIT CONSTRUCTION 3492 LIVE OAK CREEK CIRCLE FALLBROOK, CA 92028 $121,000.00 YES YES 4. FORDYCE CONSTRUCTION 9932 PROSPECT AVENUE, #138 SANTEE, CA 92071 $138,545.00 YES YES 5. BLOOM GENERAL CONTRACTING 300 W. BEECH STREET, SUITE #1603 SAN DIEGO, CA 92101 $178,140.00 YES YES Bid Results Bay Marina Drive Widening Project Specification 08-13 ENGINEER'S ESTIMATE Low Bidders #1 MAINTENANCE AND CONSTRUCTION SERV. Low Bidder #2 DB/CM COSTRUCTION Low Bidder #3 SUMMIT COUSTRUCTIO N AND REMODELING NO. ITEM QTY UNIT UNIT PRICE Amount UNIT PRICE Amount UNIT PRICE Amount 1 KITCHEN HOOD REPAIRS, AND FIRE SUPPRESSION SYSTEM 1 LS $ 7,040.50 $ 7,040.50 $ 14,400.00 $ 14,400.00 $ 60,000.00 $ 60,000.00 2 KITCHEN FREEZER AND RELATED EQUIPMENT REPLACEMENT 1 LS $ 31,204.00 $ 31,204.00 $ 16,800.00 $ 16,800.00 $ 16,000.0 $ 16,000.00 3 EPDXY FLOORING AND REPAIRS TO EXISTING 1 LS $ 9,275.36 $ 9,275.36 $ 12,000.00 $ 12,000.00 $ 6,500.0 $ 6,500.00 4 'K11'CH1 N WALLS REMOVAL, FLOOR SAWCUT AND REMOVAL. NEW WASH AREA WALLS, FLOOR DRAIN AND PLUMBING EXTENSION 1 LS $ 5,032.83 $ 5,032.83 $ 9,440.00 $ 9,440.00 $ 8,000.00 $ 8,000.00 5 RELOCATION OF KITCHEN EQUIPMENT 1 LS $ 986.00 $ 986.00 $ 1,920.00 $ 1,920.00 $ 2,000.00 $ 2,000.00 6 PEMOT/ PORTABLE FREEZER AND WALK-IN, SET UP AND REMOVAL FOR CONTRACT DURATION 2 LS $ 1,836.11 $ 1,836.11 $ 4,000.00 $ 4,000.00 $ 6,000.00 $ 6,000,00 7 ALL OTHE ITEMS REQUIRED PER SPECIFICATIONS BUT NOT LISTED ABOCE LS 5 2,760.80 $ 2,760.80 $ 15,540.00 $ 15,540.00 $ 22,500.00 $ 22,500.00 $ BASE BID TOTAL $ 90,000.00 5 58,135.60 $ 58,135.60 $ 74,100.00 $ 74,100.00 8121,000.00, 5 121,000.00 8 ADDITIONAL FOOTAGE FRO LINE SET REPLACEMENT FOR WALK-IN FREEQER $ 4.00 $ 4.00 $ 200.00 $ 200.00 9 CONTRACTOR'FEE FOR EXTENSION OF CONTRACT $ 1,000.00 $ 1,000,00 $ 800.00 $ 800.00 CGP Maintenance & Construction Services Page 1 of 2 Serving Southern California and Arizona CGP is a full service facility maintenance and construction company. We are able to provide our clients with an experienced staff of facility service technicians, competitive rates, 24-hour emergency service and great customer service. We work closely with all of our clients to be sure we develop an in-depth understanding of their goals and their facility maintenance needs. CGP believes that it is important to provide exceptional service and to meet this goal we get an upfront understanding of our clients service needs and requirements. With years of retail experience, our staff is aware of the unique characteristics and operating issues associated with servicing retail stores. CGP provides the highest quality service and continuous communication to all of our clients to be sure we exceed any and all expectations. • Home • About Us • Services • Client List • Contact • Recent Work • Links CGP provides the highest quality facility maintenance and construction services. Our continuous communication with all of our clients allows us to make sure we exceed any and all expectations. Ropongi remodel in La Jolla... VIt t. AAA Exterior work on Babies 'R' Us... Brick repair in Restaurant Row... http://cgpconstruction.com/ 8/24/2009 CGP Maintenance & Construction Services Page 2 of 2 California 7270 Engineer Road, Suite D, San Diego, CA 92111 Tel: (858)454-7326 Fax: (858)292-7231 Arizona 2443 W. l2th Street, 114, Tempe, AZ 85281 Tel: (602)257-4503 Fax: (480)967-2842 • Home • About Us • Services • Client List • Contact • Recent Work • Links http://cgpconstruction.com/ 8/24/2009 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE September 1, 2009 AGENDA ITEM NO. 16 ITEM TITLE A Resolution of the City Council of the City of National City awarding a contract in the amount of $595,580.00 to PTM General Engineering Services, Inc. for the National City Safe Routes to School Project, FY 09-10 (Spec. No. 09-14) and authorizing the Mayor to execute the contract (funding available through State Safe Routes to School Grant, State Office of Traffic Safety Grant and General Fund) PREPARED BY DEPARTMENT EXT. 4382 Stephen Manganiello Development Services / Engineering EXPLANATION See attached. Environmental Review X N/A MIS Approval Financial Statement Funds available in account #s: 323-409-500-598-6168 (Safe Routes to School Grant) 314-409-500-598-6574 (State Office of Traffic Safety Grant) 001-409-500-598-6168 (General Fund) Approved By: FinanceDirector Account No STAFF RECOMMENDATION Adopt the Resolu BOARD / COMMIS • N RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Bid Opening Information Sheet 3. Bid Summary for the three lowest bidders A-200 (Rev. 7/03) Explanation The project consists of supply and installation of the following traffic safety devices and equipment along "walk -to -school" corridors to reduce vehicle speeds and improve safety around 14 schools Citywide: 34 pole -mounted, solar -powered radar speed feedback sign combination units with one 14' Type 1-A steel pole (per Caltrans Standard Plan ES-7B), two 12" amber LED beacons, and one SD card drop -down box per unit; one pole -mounted, solar - powered radar speed feedback sign combination unit with one Type 9A steel pole (per Caltrans Standard Plan ES-7K), two 12" amber LED beacons, one 48"x58" School Advance Warning Assembly D (MUTCD Chapter 7B), and one SD card drop -down box; one pole - mounted, solar -powered radar speed feedback sign combination unit with one Type 9B steel pole (per Caltrans Standard Plan ES-7K), two 12" amber LED beacons, one 48"x48" W3-3 sign (MUTCD Chapter 2C), and one SD card drop -down box; one pole -mounted, solar - powered radar speed feedback sign with one SD card drop -down box (to be mounted on existing Type 9A steel pole); 16 pole -mounted, solar -powered flashing beacon systems with one 14' Type 1-B steel pole (per Caltrans Standard Plan ES-7B) and one School Speed Limit Assembly C (MUTCD Chapter 7B) per system; and 128 LED pedestrian countdown modules. The project also includes removal and replacement of existing, older pole -mounted flashing beacon systems. On July 17, 2009, this project was advertised in local newspapers inviting bids and posted on the City website. On August 3, 2009, an optional pre -bid meeting was held. On August 11, 2009, twelve (12) sealed bids were received, opened and read to the public for the National City Safe Routes to School Project, Specification No. 09-14. The apparent lowest bidder was PTM General Engineering Services, Inc. Please examine the attached bid opening sheet for other bidder information. Staff has reviewed the proposals and found the lowest responsive bidder qualified to perform the work. In addition to the Financial Statement, the total cost of this project is estimated to be $746,000. This amount includes the construction bid price of $595,580 plus approximately 15% ($90,000) for contingencies, and approximately 10% ($60,000) for construction management and inspection services. Staff recommendation is to award the contract to PTM General Engineering Services, Inc. for the National City Safe Routes to School Project, Specification No. 09-14. RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE AMOUNT OF $595,580.00 TO PTM GENERAL ENGINEERING SERVICES, INC. FOR THE NATIONAL CITY SAFE ROUTES TO SCHOOL PROJECT, FY 09-10 (SPEC. NO. 09-14) AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT (FUNDING AVAILABLE THROUGH STATE SAFE ROUTES TO SCHOOL GRANT, STATE OFFICE OF TRAFFIC SAFETY GRANT AND GENERAL FUND) WHEREAS, the City Engineer of the City of National City did, in open session on August 11, 2009, publicly open, examine and declare all sealed bids for Spec.No. 09-14 for the Safe Routes to School Project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby awards the contract for the Safe Routes to School Project to the lowest responsive bidder, to wit: PTM General Engineering Services, Inc. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City a contract between PTM General Engineering Services, Inc. and the City of National City in the amount of $595,580.00 for the Safe Routes to School Project. PASSED and ADOPTED this 1st day of September, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney BID OPENING SPECIFICATION NUMBER: 09-14 PROJECT TITLE: NATIONAL CITY SAFE ROUTES TO SCHOOL PROJECT, FY 09-10 TIME: 3:00 P.M. DATE: TUESDAY, AUGUST 11, 2009 ESTIMATE: $550,000 PROJECT ENGINEER: STEPHEN MANGANIELLO NO. BIDDER'S NAME (PAGE 8-9) BID AMOUNT (PAGE 11) ADDENDA (PAGE 8) BID SECURITY (PAGE 13-CHECK (PAGE 14 -BOND) 1. PTM GENERAL ENG. SERVICES 5942 ACORN ST. RIVERSIDE, CA 92504 $595,580.00 YES YES(BOND) 2. SOUTHWEST SIGNAL 397 RALEIGH AVE EL CAJON, CA 92020 $599,805.00 YES YES(BOND) 3. REBULIC ITS 371 BEL MARIN KEYS BLVD., #200 NOVATO, CA 94949 $608,326.00 YES YES(BOND) 4. CHRISTOPHER R. MORALES, ENC. 155 N. EUCLA AVE. SAN DIMAS, CA 91773 $609,822.00 YES YES(BOND) 5. HMS CONSTRUCTION 1047 LA MIRADA CT. VISTA, CA 92081 $619,660.00 YES YES(BOND) 6. STEINY & COMPANY 12907 EAST GARVEY AVE. P.O. BOX 8100 BALDWIN PARK, CA 91706 $630,694.00 YES YES(BOND) 7. LEKOS ELECTRIC 1370 PIONEER WAY EL CAJON, CA 92020 $650,117.00 YES YES(BOND) 8. T&M ELECTRIC, INC. dba PERRY ELECTRIC 9260 ISAAC ST., STE. G SANTEE, CA 92071 $664,000.00 YES YES(BOND) 9. DBX, INC. 42066 AVENIDA ALVARDO, SUITE C TEMECULA, CA 92590 $675,270.00 YES YES(BOND) NO. BIDDER'S NAME (PAGE 8-9) BID AMOUNT (PAGE 11) ADDENDA (PAGE 8) DID SECURITY (PAGE 13-CHECK (PAGE 14 -BOND) 10. 3D ENTERPRISES 2180 GARNET AVE., #2C SAN DIEGO, CA 92109 $737,000.00 YES YES(BOND) 11. SELECT ELECTRIC P.O. BOX 1457 SPRING VALLEY, CA 91979 $740,040.00 YES YES(BOND) 12. IIEALEY CONSTRUCTION 1545 TIDELANDS AVENUE NATIONAL CITY, CA 91950 $745,082.00 YES YES(BOND) 13. 14. 15. 16. 17. 18. 19. 20. NATIONAL CITY SAFE ROUTES TO SCHOOL PROJECT, FY 09.10 (SPEC. NO. 09.14) - SUMMARY OF "THREE" LOWEST BIDDERS Bid Opening: August en 2009 11,Services, Engineer's Estrnate PTM General Engineering Inc. Southwest Traffic Signal Service, Inc. Republic ITS, Inc. No. Item' Quantity. Unit Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total 1 Furnish and install pole -mounted, solar -powered radar speed feedback sign combination unit • each unit shall include one 14' Type 1-A steel pole (per Caltrans Standard Plan ES-7B), two 12" amber LED beacons, and one SD card drop -down box' 34 each S12,000 $408,000 $12,950 $440,300 $12,980 $441,320 S13,250 $450,500 2 Furnish and install pole -mounted, solar -powered radar speed feedback sign combination unit - each unit shall include one Type 9A steel pole (per Caltrans Standard Plan ES-7K), two 12" amber LED beacons, one 48"x58" School Advance Warning Assembly D (MUTCD Chapter 7B), and one SD card drop•down box' 1 each $18,000 $18,000 $17,650 $17,650 $17,080 $17,080 S19,650 $19,650 3 Furnish and install pole -mounted, solar -powered radar speed feedback sign combination unit - each unit shall include one Type 9B steel pole (per Caltrans Standard Plan ES-7K), two 12' amber LED beacons, one 48"x48" W3-3 sign (MUTCD Chapter 2C), and one SD card drop -down box' 1 each $18,000 $18,000 $17,650 $17,650 $16,875 $16,875 S19,650 $19,650 4 Furnish and install pole -mounted, solar -powered radar speed feedback sign - shall include one SD card drop -down box; unit shall be mounted on existing Type 9A steel pole' 1 each $10,000 $10,000 $17,100 $17,100 $16,170 $16,170 $11,750 $11,750 5 Furnish and install pole -mounted, solar•powered flashing beacon system - each system shall include one 14' Type 1-6 steel pole (per Caltrans Standard Plan ES-7B) and one 24"x48" School Speed Limit Assembly C (MUTCD Chapter 7B)' 16 each 53,000 $48,000 $3,800 $60,800 $4,330 $69,280 $4,750 $76,000 6 Furnish and install LED Pedestrian Countdown Module; remove and salvage existing modules' 128 each $300 $38,400 $260 $33,280 $245 $31,360 $210 $26,880 7 Remove and relocate existing 2"-square pole -mounted, solar - powered flashing beacon system 4 each $1,000 $4,000 $1,200 $4,800 $1,150 $4,600 5299 $1,196 8 Remove and salvage existing Type 1-A pole -mounted, AC - powered flashing beacon system; salvage existing sign 2 each 51,500 $3,000 $800 $1,600 $520 $1,040 $450 $900 9 Remove and dispose of existing Type 1-A pole -mounted, solar - powered flashing beacon system 2 each $500 $1,000 $600 $1,200 $520 $1,040 $450 $900 10 Remove and dispose of existing Type 1-A pole -mounted. AC - powered flashing beacon system 2 each $500 $1,000 $600 $1,200 $520 $1,040 $450 $900 TOTAL 5549,400 5595,580 5599.805 5608,326 ' Mobilization, traffic control, clearing and grubbing, and Construction BMP costs are included as the price paid for each lire item of the bid schedule, 2 See Appendix D for product specifications. Equivalent products must be approved by the City. City of National City, California COUNCIL AGENDA STATEMENT 17 EETING DATE September 1, 2009 AGENDA ITEM NO. ITEM TITLE A Resolution Authorizing Execution of an Order of Vacation of an Unimproved Alley to I Restrict Public Access South of West 23`d Street and North of Bay Marina Drive in the Coastal Zone. Case file no. 2009-04 SC, CDP. APNs 559-117-04 to 07 & 12 /V1/e- - PREPARED BY Martin Reeder, 336-4313 DEPARTMENT Development Services/Planning EXPLANATION On August 18, 2009, the Council approved the Street Vacation request. Since there are no conditions to be satisfied, it would be appropriate to adopt the attached Resolution authorizing execution of the Order of Vacation. Environmental Review x N/A Exempt pursuant to CEQA, Section 15305 Minor Alterations in Land Use Limitations, Class 5. The street and alley vacation do not result in any changes in land use. Approved By: Financial Statement N/A Finance Director Account No. STAFF RECOMMENDATI Adopt the attac u on BOARD / CO SS I ECOMMENDATI N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Order of Vacation A-200 (9/99) RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING EXECUTION OF ORDER OF VACATION OF AN UNIMPROVED ALLEY TO RESTRICT PUBLIC ACCESS SOUTH OF WEST 23rd STREET AND NORTH OF BAY MARINA DRIVE IN THE COASTAL ZONE (Case File No. 2009-04 SC, CDP) WHEREAS, application was made requesting to vacate and close an unimproved alley, more particularly described in Exhibit "A," and shown on Exhibit "B," to restrict public access south of West 23rd Street and north of Bay Marina Drive; and north of Bay Marina Drive in the coastal zone; and WHEREAS, the City Engineer of the City of National City, California, has caused notice of said vacation and closure to be posted in the manner specified by law; and WHEREAS, on July 20, 2009, 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 the unimproved alley south of West 23rd Street and north of Bay Marina Drive 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, all things and acts necessary to be done, as required by Part 3 of Division 9 of the California Streets and Highways Code, in order to abandon said unimproved alley have been done and accomplished; and WHEREAS, a hearing was held by the City Council on August 18, 2009 in the City Council Chambers of the City of National City, at which time all persons interested in or objecting to the proposed vacation and closure were afforded the opportunity to appear and be heard; and WHEREAS, the City Council at said hearing, found, from all evidence submitted, that said portion of public right-of-way is unnecessary for present or prospective motorized use or for present or future installation of utilities; and WHEREAS, the City Council at said hearing found that the unimproved alley does not provide an access for public right of way or for future utilities; and WHEREAS, the City Council at said hearing further found that vacation and closure of said portion of public right-of-way is in conformity with the adopted General Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City finds and determines as follows: 1. 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. 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 Califomia Streets and Highways Code. 3. The alleyway has never been used for vehicles of for emergency and safety vehicular access to the area. 4. The rail line located in the alley is no longer in use and there are no other easements that would prevent vacation of the alley. 5. The alley is not identified as a Circulation Element road in the General Plan. 6. The right-of-way to be vacated is not needed for present or future public transportation uses and/or for utility service. 7. The area to be vacated is not required as a non -motorized transportation facility for pedestrians, bicyclists, or equestrians. 8. The vacation of the proposed segment of right-of-way is consistent with the City's General Plan, since the General Plan encourages the development and implementation of the Harbor District Specific Plan. 9. 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 to Section 8325 of the California Streets and Highways Code. 10. That from and after the date that this Resolution is recorded, the above - described portion of public rights -of -way no longer constitute a street and/or alley, except as reserved and excepted herein. PASSED and ADOPTED this lst day of September, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney ORDER OF VACATION The City of National City, by authority of Resolution No. duly adopted on September 1, 2009 by the City Council of the City of National City, hereby orders the vacation of the unimproved Alley South of West 23rd Street and North of Bay Marina Drive in the Coastal Zone more particularly described in Exhibit "A", attached hereto. Executed this 1st day of September, 2009. RON MORRISON, MAYOR MICHAEL R. DALLA, CITY CLERK EXHIBIT A 2009-04 SC, CDP The alley on block 280 of Map 348 Filed in the Office of the County Recorder of San Diego County, October 2, 1882. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 01, 2009 AGENDA ITEM NO. 18 ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute a Right -of -Way Use Agreement with NextG Networks for the installation of Fiber Optics Telecommunications Equipment in two locations in National City. PREPARED BY DEPARTMENT Ron Williams ibt/ MIS (Ext. 4373) EXPLANATION In April 2009, NextG Networks(NextG) requested permission to install, operate and maintain fiber optic cable equipment and associated equipment in the public right-of-way. NextG has similar agreements with the cities of Coronado, Del Mar, El Cajon, Solana Beach, and more than two dozen other cities in Southern Califomia. There is no cost to the city and the agreement provides compensation to the City of five percent(5%) of gross revenues from services provided within the City limits plus $500 per annum per City -owned and utilized streetlight or pole. Environmental Review N/A Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD 1 COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Attachment 1: Agreement A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A RIGHT-OF-WAY USE AGREEMENT WITH NEXTG NETWORKS FOR THE INSTALLATION OF FIBER OPTICS TELECOMMUNICATIONS EQUIPMENT IN TWO LOCATIONS IN THE CITY OF NATIONAL CITY WHEREAS, NextG Networks requests permission to install, operate and maintain fiber optic cable equipment in the public right-of-way; and, WHEREAS, NextG Networks requests permission to install, operate and maintain their fiber optic cable equipment by locating them on either City street light poles or other third -party owned poles subject to third party agreement; and WHEREAS, NextG Networks has entered into similar agreements with the cities of Coronado, Del Mar, El Cajon, and Solana Beach on similar terms and conditions; and WHEREAS, NextG Networks will pay City five -percent (5%) of gross revenues annually from services provided within City limits and five -hundred dollars ($500) annually for each City owned streetlight pole upon which NextG Networks installs, operates and maintains a fiber optic cable equipment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby approve of and authorize the Mayor to execute the Right -of -Way Use Agreement between the City and NextG Networks. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of September, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla. City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY OF NATIONAL CITY Right -or -Way. Use Agreement THIS RIGHT-OF-WAY USE AGREEMENT (this "Use Agreement") is dated as of , 2009 (the "Effective Date"), and entered into by and between the CITY OF NATIONAL CITY, a California municipal corporation (the "City"), and NEXTG NETWORKS OF CALIFORNIA, INC., a Delaware corporation ("NextG"), Recitals A. WHEREAS, NextG owns, maintains, operates and controls, in accordance with regulations promulgated by the Federal Communications Commission and the California Public Utilities Commission, a fiber -based telecommunications Network. or Networks (as defined in § 19 below) serving NextG's wireless carrier customers and utilizing microcellular optical repeater Equipment (as defined in § 1,3 below) certified by the Federal Communications Commission; and B, WHEREAS, the Public Rights -of -Way within the City are used by and useful to private enterprises engaged in providing telecommunications services to citizens, institutions, and businesses located in the City; and C. WHEREAS, the right to occupy portions at the Public Rights -of -Way upon City .owned infrastructure for limited times, for the business of providing telecommunications services, is a valuable economic privilege, the economic benefit at which should be shared with all the taxpayers of the City; and D. WHEREAS, beneficial competition between providers at communications services can be furthered by the City's provision of grants of location and rights to use the Public Rights -of -Way on nondiscriminatory and competitively neutral terms and conditions; and E, WHEREAS, for purpose of operating the Network, NextG wishes to locate, place, attach, install, operate, control, and maintain Equipment in the Public Rights -of - Way (as defined below in § 1.11 below), on facilities owned by the City, as well as on facilities• owned by third parties therein; and F WHEREAS, NextG is willing to compensate the City in exchange for a grant of location and the right to use and physically occupy portions of the Public Rights -of -Way, on Municipal Facilities owned by the City or both. Agreement Now, therefore, for good and valuable consideration, the receipt and sufficiency Page 1 of 18 Right -of -Way Use Agreement: NextG Networks at which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: 1. DEFINITIONS. The following definitions shall apply generally to the provisions of this Use -Agreement . ............... 1.1 City. "City" means the City at National City 1.2 Decorative Streetlight Pole. "Decorative Streetlight Pole" shall mean any streetlight pole that incorporates artistic design elements not typically found in standard steel or aluminum streetlight poles. Decorative Streetlight Poles may not be used for the Network without prior written approval by City. The term Decorative Streetlight Pole includes any historically or architecturally significant or designated light poles owned by the City located on Public Rights -of -Way. 1.3 Equipment. "Equipment" means the optical repeaters, DWDM and CWDM multiplexers, antennae, fiber optic cables, wires, and related equipment, whether referred to singly or collectively, to be installed and operated by NextG hereunder. All Equipment and installation configurations have been pre - approved by the City of National City, subject to compliance with any City guidelines for the placement of utility facilities in the Public Rights -of -Way, and are shown in the drawings and photographs attached hereto as Exhibit A and incorporated herein by reference. Any Equipment and installation configuration not contained within Exhibit A must receive written City approval before it may be used on any City Municipal Facility or placed on or in the Public Rights -of -Way. 1.4 Fee. "Fee" means any assessment, license, charge, fee, imposition, tax, or levy of general application to entities doing business in the City lawfully imposed by any governmental body (but excluding any utility users' tax, franchise fees, communications tax, or similar tax or fee). 1.5 Gross Revenue Fee. "Gross Revenue Fee" shall mean and include any and all income and other consideration collected, received, or in any manner. gained of derived by NextG from or in connection with, the provision of Services, either directly by NextG or indirectly through a reseller, if any, to customers of such services within the City of National City, including any imputed revenue derived from commercial trades and barters equivalent to the full retail value of goods and services provided by NextG. Gross Revenue shall not include: (a) sales, ad valorem, or other types of "add -on" taxes, levies, or fees calculated by gross receipts or gross revenues which might have to be paid to or collected for federal, state, or local government (exclusive of the Municipal Facilities Annual Fee paid to the City provided herein); (b) retail discounts or other promotions; (c) non -collectable amounts due. NextG or its customers; (d) refunds or rebates; and (e) non -operating revenues such as interest income or gain. from the sale of an asset. Page 2of18 Right -of -Way Use Agreement: NextG Networks 1.6 installation Date. "Installation Date" shall mean the date that the first Equipment is installed by NextG pursuant to this Use Agreement. 1.7 Laws. "Laws" means any and all statutes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders certificates, orders, or other requirements of the City, or other governmental agency having joint or several jurisdiction over the parties to this Use Agreement, including, without limitation, the City's guidelines for the placement of utility facilities in the Public Rights -of -Way. 1.8 Municipal Facilities. "Municipal Facilities" means City -owned Streetlight Poles, Decorative Streetlight Poles, lighting fixtures, or electroliers located within the Public Way and may refer to such facilities in the singular or plural, as appropriate to the context in which used. 1.9 Network. "Network" or collectively "Networks" means one or more of the neutral -host, protocol -agnostic, fiber -based optical repeater networks operated by NextG to serve its wireless carrier customers in the City. 1.10 NextG. "NextG" means NextG Networks of California, Inc., a corporation duly organized and existing under the laws of the State of Delaware, and its lawful successors, assigns, and transferees. 1.11 Public Way, or Public Rights -of -Way: "Public Way" or "Public Rights -of - Way" means the .space in, upon, above, along,across, and over the public streets, roads, lanes, courts, ways, alleys, boulevards, and places, including all public utility easements and public service easements as the same now or may hereafter exist, that are under the jurisdiction of the City. This term shall not include any other property owned by the City or any property owned by any person or entity (e.g. county, state, or federal rights -at -way) other than the City, except as provided by applicable Laws or pursuant to an agreement between the City and any such person or entity. 1.12 PUC." PUC" means the California Public Utilities Commission. 1.13 Services. "Services" means the RF transport telecommunications services provided through the Network by NextG to its wireless carrier customers pursuant to one or more tariffs filed with and regulated by the PUC. 1.14 Streetlight Pole. "Streetlight Pole" shall mean any standard -design concrete, fiberglass, or metal pole that has a mast arm for electrolier support and is used for street lighting purposes. 2. TERM. This Use Agreement shall be effective as of the Effective Date and shall extend for a term of ten (10) years, unless it is earlier terminated by either party in accordance with the provisions herein. NextG shall have the option to renew the term of this Use Agreement one (1) additional term of five (5) years on the same terms and • Page 3of18 Right -of -Way. Use Agreement: NextG Networks conditions as set forth herein by delivering written notice of renewal to the City at least ninety (90) days prior to the expiration of the then current term. 3. SCOPE OF USE AGREEMENT. Any and all rights expressly granted to NextG under this Use_Agreement, which _shall be exercised at NextG's sole cost and expense, shall be subject to the prior and continuing right of the City under applicable Laws to use any and .all parts of the Public Way exclusively or concurrently with any other person or entity and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record which may affect the Public Way.. Nothing in this Use Agreement shall be deemed to grant, convey, create, or vest in NextG a real property interest in land, including any fee, leasehold interest, or easement. 3.1 Attachment to Municipal Facilities. Subject to approval by the City Manager. (as described below) the City hereby authorizes and permits NextG to enter upon the Public Way and to locate, place, attach, install, operate, maintain, control, remove, reattach, reinstall, and replace Equipment in or on identified Municipal Facilities for the purposes of operating the Network and providing Services. In addition, the City may deliver low -voltage or 120-230 VAC nominal to or at any City owned Streetlight Pole on which NextG may locate its Equipment. City shall not be responsible to provide any specified voltage or wattage of electricity that is compatible with any NextG Equipment. Subject to the provisions of § 4.2 below, NextG may have the right to draw compatible electricity for the operation of the Equipmentfrom the service point of the power source associated with the Municipal Facility. NextG shall not connect its Equipment to, nor drawany power from, any traffic signal device. For each attachment to Municipal Facilities, NextG shall submit a separate application for review by the City Manager (or his or her delegate) for review and approval. The City Manager's review and approval for attachment to Municipal Facilities will not be unreasonably withheld or delayed, and although the City Manager may request reasonable modifications, NextG may anticipate :that approval shall be granted so long as each application substantially conforms to one of the pre - approved configurations and the Equipment specifications set forth in Exhibit A. 3.2 Attachment to Third -Party Property. Subject to obtaining the written permission of the owner(s) at the affected property, the City hereby authorizes and permits NextG to enter upon the Public Rights -of -Way and to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace such number of Equipment in or on poles or other structures owned by public utility companies or other property owners located within the Public Way as may be permitted by the public utility company or property owner, as the case may be. NextG shall furnish to the City documentation of such permission from the individual utility or property owner responsible. A denial of an application for the attachment of Equipment to third -party -owned poles or structures in the Public Way shall not be based upon the size, quantity, shape, color, weight, configuration, or other Page4of18 Right -of -Way Use Agreement: NextG Networks physical properties of NextG's Equipment if the Equipment proposed for such application conforms to one ,at the pre -approved configurations and the Equipment specifications set forth in Exhibit A. 3.3 Preference ...for _Municipal . Facilities. In any situation where NextG has a choice of attaching its Equipment to either Municipal Facilities or third -party - owned property in the Public Way, NextG agrees to attach to the Municipal Facilities, provided that (i) such Municipal Facilities are at least equally suitable functionally for the operation at the Network and (ii) the rental fee and installation costs associated with such attachment over the length of the term are equal to or less than the fee or cost to NextG attaching to the alternative third -party -owned property. 3.4 No Interference. NextG in the performance and exercise of its rights and obligations under this Use Agreement shall not interfere in any manner with the existence and operation of any and all public and private rights -of way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, electroliers, cable television, location monitoring services; public -safety and other telecommunications; utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as permitted by applicable Laws or this Use Agreement. 3.5 Compliance with Laws. NextG shall comply with all applicable Laws in the exercise and performance of its rightsand obligations under this Use Agreement. 3.6 No Authorization to .Provide Other Services. NextG represents, warrants and covenants that' its Equipment installed pursuant to this Use Agreement will be utilized solely for rendering the Service identified herein and NextG is not authorized to and shall not use its Equipment to offer or provide any other services not specified herein. Failure to abide by this will constitute a material breach of this Use Agreement and the City, after providing NextG with written notice may levy fines in an amount not to exceed one thousand dollars ($1,000.00) per day until the breach is cured. 3.7 Nonexclusive Use Rights. Notwithstanding any other provision of this Use Agreement, any and all rights expressly or impliedly granted to NextG under this Use Agreement shall be nonexclusive, and shall be subject and subordinate to (1) the continuing right of the City to use, and to allow any other person or persons to use, any and all parts of the Public Rights -of -Way or Municipal Facilities, exclusively or concurrently with any other person or persons, and (2) the public easement for streets and any and all other deeds, easements, dedications, conditions, covenants, restrictions, encumbrances and claims of title. (collectively "Encumbrances") which may affect the Public Rights -of -Way or Municipal Facilities now or at any time during the term of this Use Agreement, including, without limitation any Encumbrances granted, created or allowed by Page 5 of 18 Right -of -Way Use Agreement: NextG Networks the City at any time. 3.8 Installation of Poles. When NextG is proposing to install a new pole, or replace an existing pole, NextG shall use poles consistent with the City's current standard specifications, and which match other poles, -if any, in the immediate area of the installation. 4. COMPENSATION; UTILITY CHARGES. NextG shall be solely responsible for the payment of all lawful Fees in connection with NextG's performance under this Use Agreement, including those set forth below 4.1 Annual Fee. In order to compensate City for NextG's entry upon and deployment within the Public Way and as compensation for the use of Municipal Facilities, NextG shall pay to the City a Municipal Facilities annual fee (the "Municipal Facilities Annual Fee") in the amount of Five Hundred Dollars ($500.00) for the use of each Municipal Facility, if any, upon which Equipment has been installed pursuant to this Use Agreement. The aggregate Municipal Facilities Annual Fee with respect to each year at the term shall be an amount equal to the number of Equipment installed on Municipal Facilities during the preceding twelve (12) months multiplied by the Annual Fee, prorated as appropriate, and shall be due and payable not later than forty-five (45) days after each anniversary of the Effective Date. City represents and covenants that City owns all Municipal Facilities for the use of which it is collecting from NextG the Annual Fee pursuant to this § 4.1. In addition to the Municipal Facilities Annual Fee and in exchange for the use of the City's Public Rights -of -Way ("Right -of - Way Fee"), NextG agrees to pay to the City on a monthly basis, in lawful money of the United States, five percent (5%) of NextG's Gross Revenues received by NextG from the provision of services or the sale at services within the City market. Right -at -Way Fee payments made to the City by NextG pursuant to this Section shall be separate from and shall not include City administrative fees such as inspection fees, business taxes, permit fees, other regulatory charges and the Municipal Facilities Annual Fee pursuant to this Agreement. 4.1.1 CPI Adjustment. Effective commencing on the first (1st) anniversary of the Effective Date and continuing on each annual anniversary thereafter during the term, the Annual Fee with respect to the ensuing one-year period shall be adjusted by a percentage amount equal to the percentage change in the U. S. Department at Labor, Bureau at Labor .Statistics Consumer Price Index (All Items, All Consumers, 1982-1984=100) which occurred during the previous one-year period for the San Diego Consolidated Metropolitan Statistical Area. 4.1.2 Accounting Matters. NextG shall keep accurate books of account at its principal office in Milpitas or such other location ofits choosing for Page 6of18 Right -of -Way Use Agreement: NextG Networks the purpose of determining the amounts due to the City under § 4.1 above. The City may inspect NextG's books of account relative to the City at any time during regular business hours on thirty (30) days' prior written notice and may audit the books from time to time at the City's sole expense, but in each case only to the extent necessary to confirm the accuracy of payments due under § 4.1 above. If anaudit reveals that NextG has underpaid the City in an amount greater than five percent (5%) of the amount due, NextG shall reimburse the City for all costs incurred to conduct the audit. The City agrees to hold in confidence any non-public information it learns from NextG to the fullest extent permitted by Law. 4.2 Electricity Charges. NextG shall be solely responsible for the payment at all electrical utility charges to the applicable utility company based upon the Equipment's usage of electricity and applicable tariffs. 4.3 Payment. Gross Revenue payments due to the City under this Section shall be made on or before the. 30th day after each calendar month during the term of this Agreement, and thirty (30). days after the expiration of the term of this Agreement. Checks should be made payable to the City of National City and mailed to the Director of Finance, City of National City, 1243 National City Boulevard, National City, California, 91950. The .place and time of payment may be changed at any time by City upon thirty (30) days written notice to NextG. Mailed rental payments shall be deemed paid upon the date such payment is postmarked by the postal authorities. If postmarks are illegible to read, the payment shall be deemed paid upon actual receipt by the City. NextG assumes all risk of loss and responsibility for late payment charges if payments are made by mail. The initial monthly annual fee shall be due and payable not later than thirty (30) days after the calendar month in which NextG has established Service to commercial customers in the City. 4.4 Delinquent Payment. If NextG fails to pay any amounts due under this Section within thirty (30) days from the due date, NextG will pay, in addition to the unpaid fees, a sum of .money equal to one percent (1 %) of the amount due for each month and or fraction thereof during which the payment is due and unpaid. 4.5 Additional Remedies. The remedy provisions set forth above are not exclusive, and do not preclude the City Manager or designee from pursuing any other or additional remedy in the event that payments become overdue by more than sixty (60) days. 5. CONSTRUCTION. NextG shall comply with all applicable federal, State, and City technicalspecifications and requirements and all applicable State and local codes related to the construction, installation, operation, maintenance, and control of NextG's Equipment installed in the Public Rights -of -Way and on Municipal Facilities in the City. Page 7 of 18 Right -of -Way Use Agreement: NextG Networks NextG shall not attach, install, maintain, or operate any Equipment in or on the Public Rights -of -Way and/or on Municipal Facilities without the prior written approval of the City for each location. 5.1 Obtaining Required Permits. If the attachment_ installation, operation, maintenance, or location of the Equipment in the Public Way shall require any permits, NextG shall, if required under applicable City ordinances, apply for the appropriate permits and pay any standard and customary permit fees. City shall promptly respond to NextG'srequests for permits and shall otherwise cooperate with NextG in facilitating the deployment of the Network in the Public Rights -of - Way in a reasonableand timely manner. 5.2 Location of Equipment. The proposed locations of. NextG's planned initial installation of Equipment shall be provided to the City promptly after NextG's review of available streetlight maps and prior to deployment of the Equipment. Prior to installation of any Equipment in the Public Rights -of -Way or upon any Municipal Facility, NextG shall obtain written approval for such installation in the Public Rights -of -Way or upon such Municipal Facility from the City. The City may approve or disapprove a location and installation, based upon reasonable regulatory factors, including but not limited to, the location of other present or future, communication facilities, efficient use of scarce physical space to avoid premature exhaustion, potential interference with other communication facilities and services, the public safety and other critical services; provided however, that approval shall not be unreasonably conditioned, delayed, or withheld. Upon the completion of each installation, NextG promptly shall furnish to the City a current pole list and map showing the exact location of the Equipment in the Public Rights -of -Way and/or on. Municipal Facilities. Each subsequent location of any installation site(s), or number of installation sites shall be subject to the same approval requirements and process set forth in this section. 5.3 Zoning Height Restrictions. Notwithstanding anything to the contrary in this Use Agreement (including the Specifications attached hereto at Exhibit A), no portion of NextG's Equipment shall extend higher than thirty feet (3.0') above grade with respect to attachments to Streetlight Poles. and utility poles. 5.4 Street Furniture Cabinets. NextG understands that above -ground street furniture and equipment cabinets located in the Public Way are disfavored as a matter of City policy and that anysuch installation of above -ground street furniture or equipment cabinets may require development review or a Conditional Use Permit under applicable ordinances and policies. NextG agrees to comply with the City's current ordinances and policies regarding such installations as well as any future regulations that may be adopted by the City respecting such installations. Page 8 of 18 Right -of -Way Use Agreement: NextG Networks 5.5 Visual Impact of Cross -Arm Installations. NextG agrees that, in order to minimize the visual impact of its attachments on utility poles, in any instance where a cross -arm is set on a utility pole as the locus for attachment of Equipment, such Equipment shall be attached at the point on the cross -arm that is as close to the pole as possible consistent with the -requirements at -General Order 95 of the PUC. 5.6 Relocation and Displacement of Equipment. NextG understands and acknowledges that City may require NextG to relocate one or more of its Equipment installations. NextG shall at City's direction relocate such Equipment at NextG's sole cost and expense, whenever City reasonably determines that the relocation is needed for any of the following purposes: (a) if required for the construction, completion, repair, relocation, or maintenance of a City project; (b) because the Equipment is interfering with or adversely affecting proper operation of City -owned Tight poles, traffic signals, communications, or other Municipal Facilities; or, (c) to protect or preserve the public health or safety. In any such case, City shall use its best efforts to afford NextG a reasonably equivalent alternate location. If NextG shall fail to .relocate any Equipment as requested by the City within a reasonable time under the circumstances in accordance with the foregoing provision, City shall be entitled to relocate the Equipment at NextG's sole cost and expense, without further notice to NextG. To the extent the City has actual knowledge therefore, the City will attempt promptly to inform NextG of the displacement or removal at any pole on which any Equipment is located. 5.7 Relocations at NextG's Request. In the event NextG desires torelocate any Equipment from one Municipal Facility to another, NextG shall so advise City and seek approval consistent with section 5.2. City will use its best efforts to accommodate NextG by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Use Agreement. 5.8 Damage to Public Way. Whenever the removal or relocation of Equipment is required or permitted under this Use Agreement, and such removal or relocation shall cause the Public Rights -of -Way to be damaged, NextG, at its sole cost and expense, shall promptly repair and return the Public Rights -at -Way in which the Equipment are located to a safe and satisfactory condition in accordance with applicable Laws. NextG shall also promptly repair the Public Right -of -Way upon receiving notice from the City that a repair to the Public Right - of -Way is necessary as a result of deterioration or wear and tear damage to any trenches used to install NextG's Equipment. If NextG does not repair the site as just described, then the City shall have the option, upon fifteen (15) days' prior written notice to NextG, to perform or cause to be performed such reasonable and necessary work on behalf of NextG and to charge. NextG for the proposed costs to be incurred or the actual costs incurred by the City. Upon the receipt of Page 9 of.18 Right -of -Way Use Agreement: NextG Networks a demand for payment by the City, NextG shall promptly reimburse the City for such costs. The terms of this provision shall survive the expiration, completion or earlier termination of this Use Agreement. 5.9 Change in Equipment. If NextG proposes to install Equipment, which is different in any material way from the specifications attached hereto as Exhibit A, then NextG shall first obtain the approval for the use and installation of the equipment from the City. In addition to any other submittal requirements, NextG shall provide "load" calculations for all Streetlight Poles it intends to install in the Public Rights -of -Way, notwithstanding original installation or by way of equipment type changes. The City may approve or disapprove of the use of the different equipment from the specifications set forth in Exhibit A, pursuant to the factors enumerated in 5.2 above, and such approval shall not be unreasonably withheld. 5.10 Removal of Equipment. Upon sixty (60) days' written notice by the City pursuant to the expiration or earlier termination of this Use Agreement for cause, NextG shall promptly, safely and carefully remove the Equipment from all Municipal Facilities and Public Rights -of -Way. Such obligation of NextG shall survive the expiration or earlier termination of this Use Agreement. If NextG fails to complete this removal work on or before the sixty (60) days subsequent to the issuance of notice pursuant to this Section; then the City, upon written notice to NextG, shall have the right at the City's sole election, but not the obligation, to perform this removal work and charge NextG for the actual costs and expenses, including, without limitation, reasonable administrative costs. NextG shall pay to the City actual costs and expenses incurred by the City in performing any removal work and any storage of NextG's property after removal within ten (10) business days of the date at a written demand for this payment from the City. After the City receives the reimbursement payment from NextG for the removal work and storage performed by the City, the City shall promptly return to NextG the property belonging to NextG and removed by the City pursuant to this Section at no liability to the City. If the City does not receive reimbursement payment from NextG within such ten (10) business days, or if City does not elect to remove such items at the City's cost after NextG's failure to so remove prior to sixty (60) days subsequent to the issuance of notice pursuant to this Section, any items of NextG's property remaining on or about the Public Rights -at -Way, Municipal Facilities, or stored by the City after the City's removal thereof may, at the City's option, be deemed abandoned and the City may dispose of such property in any manner by Law. Alternatively, the City may elect to take title to abandoned property, provided that NextG shall submit to the City an instrument satisfactory to the City transferring to the City the ownership of such property. The provisions of this Section shall survive the expiration or earlier termination of this Use Agreement. 5.11 Risk of Loss. NextG acknowledges and agrees that NextG bears all risks Page 10 of 18 Right -of -Way Use Agreement: NextG. Networks of loss or damage of its Equipment and materials installed in the Public Rights -of - Way or on Municipal Facilities pursuant to this Use Agreement from any cause, and the City shall not be liable for any cost of repair to damaged Equipment, including, without limitation, damage caused by the City's removal of the Equip-rnent; except to the extent that such loss or demage was solely -caused by the willful misconduct or negligence of the City, including, without limitation, each of its elected officials, department directors, managers, officers, agents, employees, and contractors, subject to the limitation of liability provided in § 6.2 below. 5.12 Trenching. NextG agrees that it will use traditional trenching in order to install its Equipment in the Public Right -of -Way, and that it is specifically prohibited under this Agreement from using microtrenching. 5.13 Coordination with City Street Maintenance. NextG agrees that it will coordinate its installation of Equipment in the Public Right -of -Way with planned City street maintenance; to the extent such coordination is feasible. 5.14 Street Restoration. NextG agrees that when it uses the open trenching method to perform work in City streets, NextG shall restore the condition of the street in accordance with National City Municipal Code Title 13 and City policies. In lieu of performing required street restoration work, NextG may contribute an amount to the City's street restoration fund which is equivalent to the City's cost of performing the. work, if such fund exists at the time of the street restoration. 5.15 Notice to City. NextG agrees that it shall provide notice to the City in advance of any construction, installation or maintenance work to be done on its Equipment in the Public Rights -of -Way, or any at its Equipment on third party property that requires NextG to enter onto the Public Rights -of -Way. This notice shall be provided at least twenty-four hours in advance of the commencement of the work, and shall be provided by telephone, facsimile or electronic mail. This notice requirement shall not be applicable in the case of an emergency requiring immediate action. 6. INDEMNIFICATION AND WAIVER. NextG agrees to indemnify, defend, protect, and hold harmless the City, its council members, officers, and employees from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense (collectively, the "Losses") directly or proximately resulting from NextG's activities undertaken pursuant to this .Use Agreement, except to the extent arising from or caused by the sole negligence or sole willful misconduct of the City, its council members, officers, employees, agents, or contractors. 6.1 Waiver of Claims. NextG waives any and all claims, demands, causes of action, and rights it may assert against the City on account of any Toss, damage, Page 11of18 Right -of -Way Use Agreement: NextG Networks or injury to any Equipment or any loss or degradation of the Services as a result of any event or occurrence which is beyond the reasonable control of the City. 6.2 Limitation of City's Liability. The City shall be liable only for the cost of repair to damaged Equipment arising from the sole negligence or sole willful misconduct of City, its employees, agents, or contractors and shall in no event be liable to indirect or consequential damages. City's total liability under this Use Agreement shall be limited to the annual aggregate (Municipal Facilities Annual Fee and Right -of -Way Fee) fees paid by NextG. to the City in the year under which such liability arises. 7. SECURITY AND BOND. In order to secure its performance of its obligations under this Use Agreement, NextG agrees to provide for the following security instruments to the City. 7.1 Construction Period Performance Bond. Prior to the commencement of any work under this Use Agreement, NextG shall provide a construction performance bond running to the City, in the penal sum of Two Thousand Five Dollars ($2,500.00) for each Municipal Facility upon which Equipment is to be installed pursuant to § 5 this Use Agreement (the "Construction Bond"), conditioned upon the faithful performance of NextG of all the terms and conditions at this Use Agreement and upon the further condition that, in the event that NextG shall fail to comply with any law, ordinance, rule, or regulation governing this Use Agreement, there shall be recoverable jointly and severally from the principal and surety of the bond any damage or loss suffered by the City as a result, including the full amount of any compensation, indemnification, or costs of removal or abandonment of property of NextG, plus costs and reasonable attorney's fees up to the full amount of the Construction Bond. The City may require NextG to increase the amount of the Construction Bond if the City concludes that it is necessary to do so based upon the amount of construction in the Public Rights -of -Way being performed by NextG, or based upon the harm being caused by NextG to Public Rights -of -Way or Municipal Facilities. NextG agrees to keep the Construction Bond in place until the City has signed off on completion of the Network construction permitted by § 5 and until the Construction Bond has been replaced by a Performance Bond, as specified in § 7.2 below. 7.2 Continuing Faithful Performance Bond. Following the completion of the construction of the Network permitted by § 5 and until such time as NextG has liquidated all of its obligations with the City, NextG shall file with the Clerk of the City of National City and maintain throughout the Term of this Use Agreement a faithful performance bond running to the City (the "Performance Bond"), in a form acceptable to the City, in an amount to be negotiated in good faith by the parties and conditioned upon the faithful performance of NextG of ,all the terms and conditions of this Use Agreement and upon the further condition that, in the event Page 12 of 18 Right -of -Way Use Agreement: NextG Networks NextG shall fail to comply with any law, ordinance, rule, or regulation governing this Use Agreement, there shall be recoverable jointly and severally from the principal and surety of the bond any damage or loss suffered by the City as a result, including the full amount of any compensation, indemnification, or cost of removal or abandonment of -property of NextG, plus- costs and reasonable attorney's fees up to the full amount at the bond. 7.3 Required Endorsement. The bonds shall be subject to the approval of the National City City Attorney and shall contain the following endorsement: "It is hereby understood and agreed that this bond may not be canceled until sixty (60) days after receipt by the City Attorney of the City of National City, by registered mail, return receipt requested of a written notice of intent to cancel or not to renew." 7.4 Reservation of City Rights. The rights reserved by the City with respect to the bonds herein are in addition to all other rights and remedies the City may have under this Use Agreement or any other law. 8. INSURANCE. NextG, at its sole cost and expense, shall purchase and maintain, and shall be required, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a. minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). B. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. C. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of NextG's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. D. The aforesaid policies shall constitute primary insurance as to the City, its officers, employees, and volunteers, so that any other policies held by the City shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the City of cancellation or material change. Page 13 of 18 Right -of -Way Use Agreement: NextG. Networks E. Said policies, except for the professional liability and workers' compensation policies, shall name the City and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, NextG shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Any aggregate insurance limits must apply solely to this Agreement. H. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the City's Risk Manager. If NextG does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the City may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the City. 9. NOTICES. All notices which shall or may be given pursuant to this Use Agreement shall be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid, (b) by means of prepaid overnight delivery service; or (c) by facsimile or email transmission, if a hard copy of the same is followed by delivery through the U. S. mail or by overnight delivery service as just described, addressed as follows: If to the City CITY Of NATIONAL CITY Attn: Director of MIS 1243 National City Boulevard, National City, CA 91950 Page 14 of 18 Right -of -Way Use Agreement: NextG Networks If to NextG NEXTG NETWORKS OF CALIFORNIA, INC. Attn: Contracts Administration 2216 O'Toole Ave. San Jose CA 95131 Date of Notices; Changing Notice Address. Notice's shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next business day in the. case of facsimile, email, or overnight delivery. Either party may from time to time designate any other address fur this purpose by written notice to the other party delivered in the manner set forth above. 10. TERMINATION. This Use Agreement may be terminated by either party upon forty- five (45) days' prior written notice to the other party upon a default of any material covenant or term hereof by the other party, which default is not cured within forty-five (45) days of receipt of written notice of default (or, it such default is not curable within forty -live (45) days, if the defaulting party fails to commence such cure within forty-five (45) days or fails thereafter diligently to prosecute such cure to completion), provided that the grace period for any monetary default shall be ten (10) days from receipt of notice. Except as expressly provided herein, the rights granted under this Use Agreement are irrevocable during the term. 11. ASSIGNMENT. This Use Agreement shall not be assigned by NextG without the express written consent of the City. Notwithstanding the foregoing, the transfer of the rights and obligations of NextG to a parent, subsidiary, or other affiliate of NextG or to any successor in interest or entity acquiring fifty-one percent (51%) or more of NextG's stock or assets (collectively "Exempted Transfers") shall not be deemed an assignment for the purposes of this Agreement and therefore shall not require the consent of the City, provided that NextG reasonably demonstrates to the City's lawfully empowered designee the following criteria (collectively the "Exempted Transfer Criteria"): (i) such transferee will have a financial strength after the proposed transfer at least equal to that of NextG immediately prior to the transfer; (li) any such transferee assumes all of NextG's obligations hereunder; and (iii) the experience and technical qualifications of the proposed transferee, either alone or together with NextG's management team, in the provision of telecommunications or similar services, evidences an ability to operate the NextG Network. NextG shall give at least thirty (30) days prior written notice (the "Exempted Transfer Notice") to the City of any such proposed Exempted Transfer and shall set forth with specificity in such Exempted Transfer Notice the reasons why NextG believes the Exempted Transfer Criteria have been satisfied. The City Council of City shall have a period of thirty (30) days (the "Exempted Transfer Evaluation Period") from the date that NextG gives the City its Exempted Transfer Notice to object in writing to the adequacy of the evidence contained therein. Notwithstanding the foregoing, the Exempted Transfer Evaluation Period shall not be deemed to have commenced until Page 15 of 18 Right -of -Way Use Agreement: NextG Networks the City has received from NextG any and all additional information the City may reasonably require in connection with its evaluation of the Exempted Transfer Criteria as set forth in the Exempted Transfer Notice, so long as the City gives NextG notice in writing of the additional information the City requires within fifteen (15) days after the City's receipt at the original ExemptedTransferNotice. If the City Council of City fails to act upon NextG's Exempted Transfer Notice within the Exempted Transfer Evaluation Period (as the same may be extended in accordance with the foregoing provisions), such failure shall. be• deemed an affirmation by the City Council that NextG has in fact established compliance with the Exempted Transfer Criteria to the City's satisfaction. 12. MISCELLANEOUS PROVISIONS. The provisions, which follow, shall apply generally to the obligations of the parties under this Use Agreement. 12.1 Waiver of Breach. The waiver by either party of any breach or violation of any provision of this Use Agreement shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other provision of this Use Agreement. 12.2 Severability of Provisions. If anyone or more of the provisions of this Use Agreement shall be held by court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such provision(s) shall be deemed severable from the remaining provisions of this Use Agreement and shall not affect the legality; validity, or constitutionality of the remaining portions of this Use Agreement. Each party hereby declares that it would have entered into this Use Agreement and each provision hereof regardless of whether anyone or more provisions may be declared illegal, invalid, or unconstitutional. 12.3 Contacting NextG. NextG shall be available to the staff employees of any City department having jurisdiction over NextG's activities twenty-four (24) hours a day, seven (7) days a week, regarding problems or complaints resulting from the attachment, installation, operation, maintenance, or removal of the Equipment. The City may contact by telephone the network control center operator at telephone number 1-866-44-NEXTG (446-3984) regarding such problems or complaints. 12.4 Governing Law; Jurisdiction. This Use Agreement shall be governed and construed by and in accordance with the laws of the State of California, without reference to its conflicts of law principles. If suit is brought by a party to this Use Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California, County of San Diego, or in the United States District Court for the Southern District of California. NextG hereby waives any right to remove an action from San Diego County as is otherwise permitted by California Code of Civil Procedure section. 394. 12.5 Attorneys' Fees. Should any dispute arising out of this Use Agreement lead to litigation, the prevailing party shall be entitled to recover its costs of suit, Page 116 of 18 Right -of -Way Use Agreement: NextG Networks including (without limitation) reasonable attorneys' fees. 12.6 Representations and Warranties. Each of the parties to this Agreement represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform the parties' respective obligations hereunder and that such obligations shall be binding upon such party without the requirement of -the approval or consent of any other person or entity in connection herewith, except as provided in § 3.2 above. 12.7 Amendment of Use Agreement. This Use. Agreement may not be amended except pursuant to a written instrument signed by both parties. 12.8 Entire Agreement. This Use Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Use Agreement, which are not fully expressed herein. In witness whereof and in order, to bind themselves legally to the terms and conditions of this Use Agreement, the duly authorized representatives of the parties have executed this Use Agreement as of the Effective Date. City CITY OF NATIONAL CITY, a California municipal corporation By: Ron Morrison, Mayor Date: , 2009 NextG NEXTG NETWORKS OF CALIFORNIA, INC., a Delaware corporation By: By: John B Georges, CEO (name) (title) Page 17 of 18 Date: , 2009 Date: , 2009 Right -of -Way Use Agreement: NextG Networks APPROVED AS TO FORM: George H. Eiser, III, City Attorney Exhibits: Exhibit A - Equipment Page18of18. Right -of -Way Use Agreement: NextG Networks DIGMT 1 800-227-2606 C+.L.I.FAFASTo5n emmombroucim TICKET[ EXHIBIT E'AE' NextG Networks, Inc. GM 1 0.08CA-SND-SD1 POLE # JP3162.0 ROW ADJACENT TO 1'838 GRANGER AVE CiTY OF NATIONAL CITY, CA VICINITY MAP SHEET INDEX:. 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EJCPIItsIT --A- . . . . •. - •. . - _ . • • ' .... ..i:'•-ir I, • .. - ,.. I P I a :": 3 -,;L:_,_ I ! , MAKE R'AY PROPOSED JA.'eSEAN ANTENNA '(SEE DETAIL 3 ON SHEET 4) . . . NEW 0O.N.StRKTION MG-IONOL/Nf ANTENNkON TOP OP Sstpoo,strcEnhiGAt.G ,.,,,,,...,,,,L ,„,,.,,,,, ,,,,,,,,, ,,,,,c,,,,,,f1./ ION.NANLCc.ON..E.NELT,.°.„11.I,SrOkouff4ST.I9E.,:;,,,,s7APO:. ,n.E..n.,..rr. ,,,*,-,,,,c,e1SSERA.COMIECTI , NOTES; TOP OF ANTENNA. 39. ANTENNA TYPE:M.1/AD ANTENNA ..--.-Th.., - . 1 PROPOSED ION —11 I-- 1—ni- (SEE DETAIL 1.2 ON SHEET - I 1 gP.I.se ..S.: ----7- w•G• , , . =,,:,-;!: - . !f, ,, ,' :M ' 1TH • - - ' _ . , . EXISTNC. TRAFFIC -JONA, POI ., --- ortouir,,,,,s I • PROPOSED CONNECTION N.ANDHOLE /wry,' (SEE DETAIL 4. 5, a ON SHEET!, SEE DETAIL 7, B, 9 ON SHEET 5) SCALE NS. DV t.c.—, , . . 18[0:-2 27.2600 Tii.rr.1"oomat . . - 7 TRAFFIC SIGNAL NORTH SCALE LOOKING B DIGITAL PHOTO LOOKING.NOBTH LEV: , SE, IIVICE:EQII. IPMEN. T'P. °LE, PROBILIE . . . . .°"......................""""''''' 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(FOR,NEww Dotes SrnEEruci uS L' TRAPFIC SIGNALS) COVER:FEATURES:- • PW 10A60 LES.WREEL Ij'SSLLATCH4I ` POLYMER CONCRETE / HANDHOLE FEATURES: - RING • POLYMERCDNCRETE RING \\ ANG FIBERGLASS REINFORCED �\\.DN[YE POLYMER BOGYi}IIE COI ORCV 10358 a: �` CGNC0CTE'OREY • APPRO%:'M..x tt7 Pos: Ili ��, t03M' . 30. / BOOT (MDOECLMNIWIP) e1513 t3131n_KiILOR xu $3,632. 6 FUSE Ty o1 F SEE;nETAI 1D ONSHEETS SECTIONB. CASKET 101768 fLATNNOE' •;13$ I TT 6 VAIREF. ■ o ■ O:iRS� 1 TYP. 3Jb ENCLOSURE CTA—� 111T1.R-�- SECTDNAA 1 SSL LATCH ` SP.FIICLOSURE MODEL L:'.MITHPL SCALE 13:53X11.55.X 5:P4 6 4 NSCALE . 5 (SCALE T.3. 7 ('l YLYRMI(IJA UTERILLS wuRevE oftwoMGNStALIEDMT100 IgvMX rniq. 9. MAMI0 Nl6EPNxa IS TO eetomsThuf0TD PC0.41TMMRNOaCQIPOgI 00 T1E V.TC9}pT0 00111C FOUON4ID t.0 11 a aT!TLSS,I4l TWIN Wm µ0D*..mit ESMEr lnRlinlf 4 T6) CODCNEPFK. 2..1 PM ONINMILUI awoeWNIOi A VN-0RMKVM91NCa00E. UT: Bo,.. mn tin MO ThEIW4 FEc '..". ......00R. '•:VMunfolnAi« %ao Nm°E aloentPnboo<mE a,mT4vwrzrwoeMr4Ea P. 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OF 5 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 01, 2009 ITEM TITLE AGENDA ITEM NO. 19 Resolution of the City Council of the City of National City approving the expenditure of funds for the continuation of wireless cell phone services with Verizon Wireless Inc. under the State of California Wireless Contract. PREPARED BY DEPARTMENT Ron Williams MIS (Ext. 4373) EXPLANATION In 2005, the State of California negotiated and signed the California Wireless Contract between the State and Verizon for all government agencies within the state to be able to take advantage of the contract pricing. As an entity within the state, the City of National City is entitled to the discounts under the State contract. In 2007, the City of National City signed a Local Government Entity Authorized User Agreement to procure wireless cell phone products and services pursuant to the terms of the State of California Wireless Contract Master Agreement. Since the annual cost of the cell phone services and products averages approximately $65,000, City Council approval of the budgeted expenditures is required. Environmental Review Ni N/A Financial Statement Approved By: Finance Director Account No. 631-403-082-248-000 l STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Attachment 1: Contract A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE EXPENDITURE OF FUNDS FOR CONTINUATION OF WIRELESS SERVICE PROVIDED BY VERIZON WIRELESS INC. UNDER THE STATE OF CALIFORNIA WIRELESS CONTRACT WHEREAS, the City previously entered into a Local Entity Authorized User Agreement for State of California Wireless Services in 2007 which allowed the City to take advantage of the discounted rates negotiated by the State of California with Verizon Wireless; and WHEREAS, the City expends an average of $65,000 per year on wireless service, which is budgeted in the annual budget; and WHEREAS, the City wants to authorize the expenditure of the budgeted funds for the continuation of wireless service for the next year. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby approve the expenditure of funds for the continuation of wireless service for the next year. PASSED and ADOPTED this 1st day of September, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalia, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 10/24/05 Page 1 CONTRACT (MANDATORY) CONTRACT MANAGEMENT Use of this contract is MANDATORY for all State departments. To obtain contract information, ordering assistance, suggestions or report contractor non-compliance: CONTACT: State of California Department of General Services Procurement Division 707 Third Street, 2nd Floor North P.O. Box 989054 West Sacramento, CA 95798-9054 Contract Manager: CONTRACTORS: Joe Van Hecke 916-375-4488 Email: joe.vanhecke a.dgs.ca.00v Voice Services with or without Data Services Primary Contractor: Contract Number: Contact: Address: Phone Number: FAX Number: E-mail Address: Contract Website: Secondary Contractor: Verizon Wireless 1S-05-58-02 Chris Rock 916-599-3003 Building D- AOC, State of California 15505 Sand Canyon Ave. Irvine, CA 92618 888-581-1077 (ask for State of CA Account Liaison) 949-286-8529 wfmcassiah q.verizo nwire less.com https://www.bidsync.com/DPX?ac=agencycontview&contid=3699 Sprint Nextel (See Primary Contractor to Secondary Contractor below) Walkie-Talkie Services with or without Voice and/or Data Service Primary Contractor: Contract Number: Contact: Address: Phone Number: FAX Number: E-mail Address: Contract Website: Secondary Contractor: Sprint Nextel Corporation 1 S-05-58-01 Shannon Hewitt -Tapp 2180 Harvard St., Suite 100 Sacramento, CA 95815 916-275-3146 916-568-4500 shannon.hewitt-tappna sprint.com http://www.sprint.comIca Verizon Wireless (See Primary Contractor to Secondary Contractor below) Data Devices with service can be purchased from either Contractor. 10/24/05 Page 2 WIRELESS USER INSTRUCTIONS — CONTRACT (MANDATORY) 1. SCOPE: This Statewide contract is designed to provide State departments with cellular service and equipment for wireless voice, voice with walkie talkie and data services. This contract has a two-year term and contains an option for three one-year extensions. This contract is available for use by all State of California department and local agencies. A local agency is a city, county, city and county, district, or other local governmental body or corporation, including the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds (Public Contract Code 10298). The equipment and services offered under this contract are not intended for use as a primary means of communication during emergency/disaster situations. All emergency services and equipment requirements for emergency/disaster situations must be processed through Department of General Services Telecommunications Division. 2. CONTRACT USAGE/RULES A. Use of this contract is mandatory for all State departments. All service plan contracts cannot be written for more than one year. Thereafter, the contracts will automatically become month - to -month. All purchases of service and equipment against this contract shall be exempt from the requirements of Management Memo 03-10. B. Prior to placing orders against this contract, State departments must have been granted purchasing authority by DGS/PD for the use of the State's statewide contracts. The department's current purchasing authority number must be entered in the appropriate location on each purchase document. Departments that have not been granted purchasing authority by DGS/PD for the use of the State's contracts may access the Purchasing Authority Application at htto://www.od.dgs.ca.govideleg/pamanual.htm (see Chapters 1 and 13) or may contact DGS/PD's Purchasing Authority Management Section by e-mail at pams(cildgs.ca.gov. C. Ordering State departments must adhere to all applicable state laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, State Contracting Manual and Purchasing Authority Manual. Please refer to the following link for the Terms and Conditions of the contract. http://www.documents.dgs.ca.gov/pd/modellang/ITG P%2010-03-05%20(Final). pdf D. Purchases for service and equipment outside the contract must have an approved exemption pursuant to Management Memo 05-11. Departments seeking an exemption must justify their requests. Departments must first conduct a thorough analysis of whether goods and services available through the CSSI contract can meet their needs. If the requested equipment/services cannot be provided by either contractor, then written confirmation must be received. Once the confirmation has been received then the informal exemption process can be used. The Justification for Purchasing Outside the CSSI State Contract form must be completed and signed by the Departmental CIO ancJ ,ie Procurement and Contracting Officer. The complete package (including the confirmation letters) must be sent to the DGS-PD Contract Manager for approval. If written confirmation from both contractors has not been provided the formal 10/24/05 Page 3 exemption process must be followed. All documentation must be in the purchase file and a copy must be sent to the Contract Manager. Please refer to the link below for the justification form and additional information on the exemption process. htto://www.documents.dgs.ca.qov/pd/polinroc/lTHardwarePCGoodsExe m otio nContractProce ssandJustificationv2.2.doc E. Local governmental agency use of this contract is optional. While the State makes this contract available to local governmental agencies, each local governmental agency should determine whether this contract is consistent with its procurement policies and regulations. The above requirements and restrictions are not applicable to focal government •- entities. CONTRACTOR'S HOME PAGE/PRICING: The contractor will provide secure online access for Agency Telecommunications Representative's (ATR's) to manage accounts and get information. Contractor will maintain, support and keep current a California specific contract home page with a .Universal Resource Locator for the Internet Page. The Contractor's home page will contain the current pricing for equipment and services, including common offered plans, discount pricing, basic equipment offered along with the list of additional equipment and coverage maps. There will be updated coverage maps on the first day of every quarter. Promotional offers will also be -included. Please refer to the following links: Verizon Wireless: https://www.bidsync.com/DPX?ac=apencycontview&contid=3699 Sprint Nextel Corp: http://www.sprint.comlca 4. CUSTOMER SERVICE: Customer service will be available during normal business hours Monday — Friday 8:00A.M. — 5:00 P.M. (PST/PDT). Customer service will respond to any customer service requests within four (4) hours of notice. Further, the Contractor will provide general customer support accessible 24 hours a day,'7 days a week. To reach Verizon Wireless end user support you can dial *611 from your Cellular Phone OR (800) 207-2049 or (800) 922-0204. 5. RATE PLAN SELECTION: One of the goals of the contract is to ensure that each subscriber is utilizing the most appropriate plan. This includes identifying subscribers that may be consistently incurring overage charges, and therefore should move to a plan with more minutes, or subscribers consistently under - utilizing a plan, and therefore should move to a plan with less minutes. In order to simplify the transition process, maximize savings and ensure a user is on the right plan based on Minutes of Use (MOU) the following plans are offered: A. Local and National Share Plans: Share plans allow for a group of department users to share a pool of minutes. This plan will ensure that the department will not incur overage charges and achieve maximum savings. The DGS-PD has done extensive analysis to identify the plans that will both maximize the savings achieved and minimize costs such as overage, roaming, etc. Since the majority of the users are primarily in California making in -State calls, these are the plans that the majority of users will be assigned to: For the Voice and Data category (Verizon Wireless), users will be placed on a 200 minute local share plan. For the Walkie-Talkie, Voice and Data category (Sprint Nextel Corporation), users will be placed on a 10/24/05 Page 4 300 minute local share plan. In some instances, the contractor may already have sufficient data on a subscriber and may recommend a shared plan that is more beneficial to the user. For example, a group of users from a particular agency routinely makes national calls, so a national share plan will be more appropriate for that group. B. Local and National Individual Plans: On an as needed basis, users can be placed on individual plans. If a user cannot be placed on a pooled plan with other similar users, then an individual plan can be selected appropriate to the user's MOU and type of calls. For example, a user that is routinely traveling out of state, or needs international service, other than Canada or Mexico. Use of the individual plans should be limited to an exception basis. F. Consumption Plan: Seasonal and periodic users who consume zero minutes of use during a specified period will be placed on the Consumption Plan. All unused phones will be evaluated on a case by case basis since in some instances it is appropriate to have a phone with zero usage (i.e. alarm, and back-up phone system, etc.). G. Optimization: After the initial plan assignment, both contractors will routinely identify those users that are not on the most optimized plan and work with the DGS Contract Manager to place the user on the most optimized plan. With the selection of any rate plan, the contractor is required to offer at least one basic handset, battery charger and hands free headset at no charge. Other plans are available on anus needed basis. 6. PRIMARY CONTRACTOR TO SECONDARY CONTRACTOR: The primary Contractor must provide adequate coverage and required functionality in primary areas of use. Both contractors offer demo equipment that can be tested for service, capability and coverage. Once equipment has been received and tested and does not meet the requirements mentioned above, the ATR may utilize the secondary contractor. If the secondary contractor is unable to meet the requirements, the exemption process in 2.D. above must be followed. File documentation must include justification and approvals as appropriate. ATR's must notify the DGS Contract Manager of all transfers. 7. TRANSITION: All subscribers are targeted for transition to the new wireless contract by the end of the calendar year. Contractor will provide support to department Agency Telecommunications Representatives (ATR's) in order to facilitate moving subscribers onto Contractor's network and work with ATR's to determine suitable subscriber service plan and/or equipment changes as necessary. Transition of subscribers should occur with minimal disruption. The transition forms required to transition the current lines of service to the new contract for either Verizon Wireless or Sprint Nextel can be found on the website beneath the User Instructions. Note: When transitioning from a contractor other than Verizon Wireless or Sprint Nextel Corporation, departments are responsible for requesting a remittance for any open rebate/credit due to the department. 8. LOCAL NUMBER PORTABILITY: Based on Federal law users may port existing telephone numbers to the new contract provider. After the transition process, the number portability will be handled by the ATR as a regular order. Departments will determine which numbers are to be ported. There is no charge to port numbers from one service provider to another. The ATR must keep in mind the following requirements before porting numbers to the new carrier: 10/24/05 Page 5 A. All numbers must be active. Lines suspended or cancelled can not be ported. B. A copy of the current airtime invoice must be attached to the STD. 20 or STD. 65. The new contractor needs exact billing information to provide to the port center. C. Lines must be activated upon receipt. Delaying the activation process could result in the loss of the number. At that point the number will revert back to the original contractor. The number portability forms required to transition the current number from other carriers to either Verizon Wireless or Sprint Nextel can be found on the website beneath the User Instructions. 9. ORDERING PROCEDURES : All orders must be initiated by the departmental Agency Telecommunications Representative (ATR). Departments are required to designate personnel, defined as ATR's, for authorizing the purchase of wireless services and equipment. A designated ATR must be established through the Department of Technology Services. Instructions are provided in the following link: vvww.cold.ca.gov/atrs/atr lookup.asp Contractor has been instructed not to accept orders unless authorized by an ATR and assumes liability for costs incurred if procurement procedures are not followed. A. Order of new service and equipment. Departments are required to submit a Std. 65 for all equipment purchases, including the free basic handset. The Std. 65 unit price must include the list price of the phone (including the free basic handset) or data device. The sales tax will be calculated on the list price total and the location of the ship to address. Based on The State of California Board of Equalization Sales and Use Tax Regulations, Regulation 1585, the wireless industry is required to charge the State of California sales tax on the full retail price of the device. The ATR should work with the contractor to determine the best way to include the sales tax. A Std_ 20 must be completed for the services and maintained in the purchasing file. The contractor is not required to receive the Std. 20. Verizon Wireless: ATR's must establish procedures for purchasing with Verizon Wireless via an implementation call where the Agency Billing Code, billing information and other contacts within the department will be gathered and recorded. All roles, responsibilities, and procedures are reviewed in great detail during the implementation call. Please contact Chris Rock with Verizon Wireless at 916-599-3003 or chris.rock a(�.verizonwireless.com to start the process. ATR's, on behalf of their department, are assigned a local Account Manager for general sales support and to provide quotes on equipment and service. The Department is also assigned an Account Liaison who is responsible for supporting the ATR once the equipment is placed into service. The specific instructions are communicated to Verizon Wireless with the use of a Corporate Order Form. Corporate Order Forms are customized for each agency/department with specific information obtained during the implementation call. This form is necessary to streamline the process and to ensure services requested are provided in compliance with contract requirements. A completed Std. 65 with a description of the wireless equipment being requested and other specific instructions and a Corporate Order Form should be faxed to Verizon Wireless at 949-286-8529 for processing. 10/24/05 Page 6 Sprint Nextel: ATR's can place orders by using one of the following methods: • Assigned Government Account Executive • Contacting State Client Manager Shannon Hewitt -Tapp @916-275-3146 or Shannon.hewitt-tapp@.sprint.com The preferred method is using assigned Government Account Executive (GAE) • GAE will provide cost quote and assist with the Std. 65 preparation. • Once the Std. 65 is submitted to GAE, order will be placed. Orders will be shipped via UPS at no cost and will be received within 48 hours. • GAE will provide order confirmation and assist with rollout. • If any ATR does not have an assigned GAE, please contact Shannon Hewitt -Tapp at Shannon.hewitt-tapp@sprint.com or Michael Hurd at Michael.hurd@sprint.com for assistance. B. New service for existing equipment: The contractor must be notified in order to activate service on existing equipment under the new contract. A STD. 20 must be completed for the services and maintained in the purchasing file. The contractor is not required to receive the Std. 20. C. Equipment only: This contract includes the ability to purchase reserve stock (non -activated handsets). For the purchase of reserve stock, equipment upgrades and accessories, ATR's must submit a STD. 65. Local agency procedure is the same as above, except local agencies will issue their own standard purchase order form directly to the contractor. Local agencies must note their State of California billing code on their purchase order. If a local agency cannot identify or requires a bill code, please contact Wilson Lee at Wilson.lee@dqs.ca.gov or Marilyn Ebert marilvn.ebert@dgs.ca.gov to determine if you meet the eligibility requirements. 10. ORDER ACKNOWLEDGEMENT: An Order Acknowledgement will be sent by the Contractor to department ATR's within one business day after receipt of an order. The acknowledgement will contain: A. Equipment and/or service plan purchased B. Contract order number C. Agency order number (purchase order number) D. Subscriber name E. Bill to address F. Ship to address G. Ordering department H. Account information 11. OUT OF STOCK Department ATR's will be notified by Contractor within one business day of out of stock item(s). ATR's have the option to substitute another available product, or cancel the item ordered by submitting an amended purchase order to the Contractor. 12. SHIPMENT CONFIRMATION: 10/24/05 Page 7 Contractor will provide a confirmation to the ATR on the day the order is shipped. Shipment confirmation will include: A. Phone number for new lines B. Electronic serial number C. Date shipped D. Tracking number E. Account number F. Subscriber name 13. DELIVERY/ACCEPTANCE: Delivery time of in -stock products is within five (5) business days after order acknowledgement. Freight charges for delivery are prepaid by the Contractor. Contractor shall provide each subscriber a 30 day acceptance period from time of delivery to test coverage, commencing at equipment receipt. 14. PACKING SLIP INFORMATION: All shipped orders shall include a packing slip with the following information: A. ATR's name, section or unit and location B. Designated contact/name of ordering person if different than ATR C. Billing address D. Ship -to address E. Contractor Order number F. Department's order number (purchase order number) G. Description of items H. Additional information required by the State 15. WARRANTY: Equipment (handsets) is covered by the manufacturer's consumer warranty for a one-year period. Service warranty will be provided by the manufacturer through an authorized warranty service location. ATR's will work directly with the contractor. 16. DAMAGED AND DEFECTIVE ITEMS: Contractor will provide credit and/or replacement for freight -damaged or defective items within 48 hours after notification by the ATR at no charge. This also includes incorrect products shipped or an order entry error by the Contractor's customer service representative. The contractor cannot require the ATR to deal directly with the manufacturer. Additionally, Contractor shall provide the ATR with a prepaid and self addressed container suitable for the return of the item. Any restocking fees for all other reasons shall not exceed the lower of 10% of the value of the returned items, or the dollar amount as bid in the pricing sheet. 17. ACTIVATIONS/TERMINATIONS/SUSPENSION OF SERVICE: Contractor must activate, terminate or suspend service on existing equipment and complete requested plan changes within 24 hours of notification by the ordering ATR. A STD. 20 must be submitted to the Contractor with no termination fee. Contractor must provide the appropriate ATR with an account change or termination acknowledgement within 24 hours of a change or termination request. When service is suspended, the line must not incur any charges, and the wireless number must not change before, during, or after suspension. The maximum period of suspension will be 6 10/24/05 Page 8 months. There will be no change fees or any service plan contract term extension when a State subscriber changes service plans. In addition, there will be no limits placed on the number of changes that can be made. The effective date for a plan change will be at the start or end of a billing cycle, and have no effect on billing cycle dates, unless specified otherwise by the ATR. 18. DEPARTMENT REPORTS: The contractor will provide all reports in an electronic format available by email, CD, ftp, etc., and compatible with Microsoft Excel '97 and Access '97. Hardcopies are available upon request at no extra charge. Listed below are the management reports available to ATR's: Individual Subscriber Usage Reports (monthly) Wireless Services Optimization Reports (quarterly or upon request) Data Service Usage Report (upon request) Overall Equipment Sales Report (upon request) Voice and Combined VoicelWalkie-Talkie Service Usage Report (upon request) Environmentally Preferable Products (EPP) and Specifications Report (upon request) Custom Reports (upon request) The Optimization Report will be reviewed by the contractor and the DGS Contract Manager to assure the appropriate rate plan has been selected for subscribers. In addition, all reports are available upon request to the Contract Manager. 19. EQUIPMENT RECALL: State departments and local agencies will be notified if a purchase item is affected by a product recall. The contractor will provide instructions on how to return or replace the equipment. 20. EQUIPMENT RESERVE STOCK: Departments may order reserve stock equipment. The reserve stock shall not be part of a service plan or charged for any monthly service fees prior to activation. 21. ESCALATION PROCESS: ATR's will work directly with the contractor on all escalation issues as stated below. The Contract Manager must be informed of all escalation issues. Verizon Wireless: ATR should contact their Wireless Account Liaison for resolving problems pertaining to billing/invoicing, technical support, and network issues. Sprint Nextel Corporation: ATR should contact the Account Executive for resolving sales/ordering and operational issues. If the problem cannot be resolved at this point then the ATR shall contact the State Client Manager Shannon Hewitt -Tapp at 916-568-4594 or Shannon.hewitt- tapp ansprint.com 22. FRAUD MONITORING & PREVENTION: The contractor will monitor and immediately report unusual call volumes and patterns to the ATR. The contractor will contact a department when there appears to be cost doubling from a previous month or if usage goes to zero without ATR notification to the contractor. The contractor will immediately deactivate the phone if fraud activity is observed. 23. ADMINISTRATIVE FEE/BILLING: 10/24/05 Page 9 The administrative fee for the use of this contract will be paid to the Department of General Services directly from the contractor. (You may click on "DGS Price Book" at www.dgs.ca.gov/publications for current fees.) State departments will be billed a 10.5% fee for the savings portion realized with this strategically sourced contract. The calculation for this fee will be 10.5% of the difference between the baseline and the purchase order total (less any fees, delivery charges and taxes). The Department of General Services will invoice separately for this fee. These fees are not included in the purchase order, are not invoiced by the contractor, and are not to be remitted by the department or local agency before invoices are received. A copy of all State and local agency purchase orders must be sent to: DGS — Procurement Division Second Floor, Attention: Data Entry P.O. Box 989052 West Sacramento, CA 95798-9052 It is very important for departments and local agencies to promptly forward copies of any purchase order amendments to the above address to allow for adjustments for the administrative and/or savings fees. 24. SMALL BUSINESS/DISABLED VETERAN BUSINESS ENTERPRISE ISB/DVBE): At this time, Department of General Services is not aware of any SB/DVBE participation for this contract. 25. PAYMENT: Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927 et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than 45 days after the date of acceptance of goods or performance of services or receipt of an undisputed invoice, whichever is later. 26. FUND APPROPRIATION: The State's obligation to pay is solely from funds appropriated for the acquisition of the products and services on this contract. If the term of this contract extends into fiscal years subsequent to that is which it is approved, such continuation of the contract is contingent on the appropriation of funds for such purpose by the Legislature. If funds are not appropriated for future fiscal years, the contract dollar amount will be reduced accordingly. Receipt of a purchasing authority purchase order under the contract is proof of availability of funds for that order. 27. INVOICING: Departments can work directly with the contractor to determine additional needs as required. Listed below are the invoicing options/formats available: • Invoices are available in electronic format compatible with Excel 97 and hard copies, paper based. • Master/Parent invoices must be received by the DGS Contract Administrator and ATR's monthly and must use the Contractor's letterhead. • Individual invoicing must be received monthly and must use the Contractor's letterhead. • CAL -Card invoices will be processed separately. The CAL -Card invoice must itemize charges, and show a balance of zero dollars ($0.00), to reflect payment by credit card. Invoicing disputes will be acknowledged by the contractor within four hours of notice, and a plan for resolution will be submitted to the ATR and/or DGS Contract Manager within 24 hours. Services will not be interrupted during the dispute process. 10/24/05 Page 10 28. CREDIT: Verizon Wireless offers a three percent credit which will be offset by the current DGS Administrative Fee. Credit checks for the difference between the three percent credit and the current administrative fee will be made payable directly to State departments by bill code and mailed by the 15th day of the month following quarter -end or a credit will be issued to each department by bill code to the next invoice following quarter end. A $50 subscription credit will be issued by the Contractor's customer service representative for new voice line activations and will appear on the ATR's monthly invoice as a separate line item for all new subscribers. 29. CELL PHONE RECYCLING: All disposal or recycling of state-owned property must obtain approval from the State and Federal Property Reuse Program Office, Procurement Division, Department of General Services via the Std. 152, Disposition Code 6. The form can be filled out, submitted and approved on-line at the following website www.pd.dgs.ca.gov\surplus. For additional information regarding the process, please refer to the State Administrative Manual Section 3520. When approved, cell phones will be processed through the contractors' cell phone reuse/recycling program as stated below: Sprint Nextel Corporation offers a Buyback Service exclusively for customers of Sprint Nextel Corporation with a valid account number. Phones from ANY CARRIER are accepted, but not all receive financial credit. Refer to the following link for more information about this service: www.sprintbuyback.com Choose the option to receive credit on the account balance, rather than a donation certificate. Some returned equipment may not be eligible for a credit so the choice will be limited to a donation certificate. Verizon Wireless offers a Wireless HopeLine program. Through this phone recycling program, donated phones from ANY CARRIER are recycled or refurbished and sold, and the proceeds are used to award cash grants, phone and airtime to non-profit organizations to aid survivors of domestic violence. The state does not receive financial credit through this program. Please refer to the following link for more information on this program. www.verizonwireless.com/b2/a boutU s/com munitvservice/ho peLi ne. isp Agencies are responsible for removing data on cell phones and preparing them for reuse/recycling. City of National City, California COUNCIL AGENDA STATEMENT EETING DATE Sept. 1 2009 AGENDA ITEM NO. 20 ITEM TITLE Resolution of the City Council of the City of National City waiving the bid process and authorizing the purchase / installation of a bullet trap system for the Police indoor firearms range, from Action Target Inc., in the amount of $46,760.20 from the General Fund. PREPARED BY DEPARTMENT Jose Tellez, Lieutenant Police Department 336-4513 EXPLANATION The Police Department has an indoor firearms range that is used to train officers in the use of department approved firearms and to maintain proficiency through required qualification shooting exercises throughout the year. The original bullet trap system installed in the range consisted of rubber lamellas (curtains) which captured and contained the fired projectiles; the rubber lamellas system required frequent replacement which is costly. Currently, there are more modern and efficient bullet trap systems that require less maintenance. The bullet trap system proposed is the Action Target Inc. Rubber Berm Trap which consists of approximately two feet of chopped rubber granules spread on top of an angled support steel modular structure to create a backstop or "berm" to catch the bullets fired into it. The chopped rubber is a softer collection medium, ricochets and lead dust can be significantly reduced which is an important feature to the Police Department for the indoor range. (See Attached) Environmental Review ✓ N/A Financial Statement The amount of $46,760.20 is from previously approved General Fund accounts for the repair and maintenance of the Police Department Range. Account No. 299 STAFF RECOMMENDATION In concurrence with the Purchasing Agent, it is recommended that the City proceed with the purchase as proposed, and that the Purchasing Agent be authorized to issue the resulting purchase order. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. 1. Background 2. Resolution L COUNCIL AGENDA STATEMENT EXPLANATION: Background: General Fund previously approved for Police Range repair / maintenance. The National City Police Department indoor firearms range is used by sworn police personnel for the firearms training and proficiency exercises to maintain firearms skills. Originally, a Rubber Lamellas (curtain) bullet trap system was installed to trap and collect the fired rounds. This system is costly to maintain, required frequent replacements of the lamellas (curtains), and did not meet the current range needs of the Police Department; as a result the range has been out of service since late 2006. In order to maintain firearms qualification requirements, the Police Department has been forced to use alternate training sites such as the range at Donovan State Prison and the Regional Firearms Training Range in Otay. By installing the new bullet trap system, Rubber Berm Trap, the police department will be capable of conducting in-house training thereby reducing overtime costs, eliminating time travel time, scheduling conflicts with other agencies, and greatly improving the overall efficiency of our department firearms training program. It is requested that Council waive the formal bidding requirements as allowed in Section 12 of Purchasing Ordinance #1480, and in Municipal Code Chapter 2.60.220(b) and (d) of the Municipal Code, and award the contract to Action Target, Inc. for the following reasons: 1. The City of National City qualifies for State of California GSA pricing. Contract #GS-02F-9301C. There are limited providers of this type of product, quotes have been solicited from vendors but they were unable to meet the City's requirement of maintaining the existing footprint of the police range. Action Target Inc. will maintain the existing footprint of the range by installing the modular steel support structure for the berm at a customized angle eliminating the need to remove an existing steel structure/wall (9 x 20 ft. approximately) used as part of the previous bullet trap system. Action Target Inc. quote was considerably less because they did not require the City to change the existing footprint of the range thereby eliminating the need for demolition. 3. The Action Target Inc. system is an accepted product that is used by other law enforcement agencies including the Chula Vista Police Department. The Action Target Inc. Rubber Berm Trap system consists of rubber, treated with a patented process consisting of a special fire retardant substance and non- flammable adhesive to stabilize the berm and prevent migration. As bullets are shot into the berm the bullets will accumulate in the chopped rubber. Action Target Inc. recommends the bullets are mined / cleaned from the rubber berm after approximately 80,000 rounds have been fired per firing lane. The Police Range has five firing lanes; in essence cleaning of the berm will be needed only after 400,000 rounds have been fired into the berm. Action Target Inc. Rubber Berm Trap is a more efficient system than the previous rubber lamellas (curtain) system. 4. Because we have compared prices and options, no further purpose would be served by issuing a formal bid at this point in the process. Total value of the purchase will be $46,760.20 including tax, installation and delivery. RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BIDDING PROCESS AND ACCEPTING A PROPOSAL IN THE AMOUNT OF $46,760.20, AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH, ACTION TARGET, INC. FOR THE PURCHASE AND INSTALLATION OF A POLICE INDOOR FIREARMS RANGE WHEREAS, the Police Department has an indoor firearms range that is used to train officers in the use of department approved firearms and to maintain proficiency through required qualification shooting exercises throughout the year. The original bullet trap system installed in the range consisted of rubber lamellas (curtains) which captured and contained the fired projectiles; however, the rubber lamellas system required frequent replacement which is costly; and WHEREAS, there are currently available more modern and efficient bullet trap systems that require Tess maintenance. The bullet trap system proposed is the Action Target Inc. Rubber Berm Trap which consists of approximately two feet of chopped rubber granules spread on top of an angled support steel modular structure to create a backstop or "berm" to catch the bullets fired into it. The chopped rubber is a softer collection medium, ricochets and lead dust can be significantly reduced which is an important feature to the Police Department for the indoor range; and WHEREAS, Section 2.60.220 B of the Municipal Code provides that the requirements of formal bidding may be waived when the commodity, regardless of value, can be obtained from only one source; and WHEREAS, Section 2.60.220 D of the Municipal Code provides that the requirements of formal bidding may be disposed with when the City Council determines by best business judgment that due to special circumstances, it is in the City's best interest to purchase a commodity directly or enter into a contract without compliance with the bidding procedure; and WHEREAS, it is requested by staff that the City Council waive the formal bidding requirements as authorized by subsections B and D of Section 2.60.220 of the Municipal Code, and award the contract to Action Target, Inc. for the following reasons: The City of National City qualifies for State of California GSA pricing. Contract #GS-02F-9301C. There are limited providers of this type or product, quotes have been solicited from vendors but they were unable to meet the City's requirement of maintaining the existing footprint of the police range. Action Target, Inc. will maintain the existing footprint of the range by installing the modular steel support structure for the berm at a customized angle, eliminating the need to remove an existing steel structure/wall (9 x 20 ft. approximately) used as part of the previous bullet trap system. Action Target, Inc.'s quote was considerably less because they did not require the City to change the existing footprint of the range thereby eliminating the need for demolition. 3. The Action Target, Inc. system is an accepted product that is used by other law enforcement agencies including the Chula Vista Police Department. The Action Target, Inc. Rubber Berm Trap system consists of rubber, treated with a patented process consisting of a special fire retardant substance and non-flammable adhesive to stabilize the berm and prevent migration. 4. Because City staff has compared prices and options, no further purpose would be served by issuing a formal bid at this point in the process. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby finds that the commodity being purchased can be obtained from only one source, and that due to special circumstances, it is in the City's best interest to purchase the commodity without compliance with the bidding procedure. BE IT FURTHER RESOLVED that the City Council waives the bidding process and authorizes acceptance of a proposal in the amount of $46,760.20, and authorizing the Mayor to execute an agreement with, Action Target, Inc. for the purchase and installation of a police indoor firearms range. PASSED and ADOPTED this 1st day of September, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, I11 City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ACTION TARGET, INC. THIS AGREEMENT is entered into this 3`d day of March, 2009, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and ACTION TARGET, INC. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to upgrade the Police Department range, by replacing the berm trap and installing a new target system. WHEREAS, the CITY has determined that the CONTRACTOR is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibits "A" and "B" The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibits "A and B" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Police Lieutenant Jose Telfez hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility or the progress and execution of this Agreement for the CONTRACTOR. Nye. QI�C� thereby is designated as the Project Coordinator for the cT". R. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on actual work performed. Billings shall include labor classifications, respective rates consistent with Exhibits "A" and "B". Invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibits "A" and "B" as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth as follows: Work to be started within b work days of Purchase Order date (notice to proceed). Work to be completed within y work days of start date. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any 2 liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subCONTRACTOR(s) shall require the subCONTRACTOR to adhere to the applicable terms of this Agreement. 9. CONTROL Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent CONTRACTORs and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subCONTRACTORs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. LABOR COMPLIANCE PROGRAM A. Pursuant to Labor Code Section 1771.7, the City has implemented and shall enforce a Labor Compliance Program (LCP). The Contractor, and any subcontractors, is required to comply with the requirements of the City's LCP, and applicable provisions of the Labor 3 Code and Federal, State, and local laws related to Labor. The Contractor hereby expressly agrees to comply with the requirements of the City's LCP, and applicable provisions of the Labor Code and Federal, State, and local laws related to Labor at no additional cost to the City. B. The City's LCP includes, but is not limited to, provisions requiring the Contractor to comply with the prevailing rates of wages, maintenance and submission of weekly certified payroll records, employment of apprentices, compliance with legal hours of work, and debarment as set forth in the Articles herein. The City's LCP also requires the Contractor to attend a pre -construction meeting and allow City representatives to conduct on site interviews of workers to ensure that prevailing wages are being paid. Failure to comply with these provisions or any other provisions of the City's LCP shall result in the withholding of Contract payments by the City. The Contractor expressly acknowledges these provisions and agrees to comply with these provisions and any provisions in the City's LCP. C. The Contractor shall require subcontractors to comply with these provisions at no additional cost to the City. 13. PREVAILING RATES OF WAGES A. The Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. Since this Project involves an applicable "pubic works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $2,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsrl. In the altemative, the Contractor may view a copy of the prevailing rates of per diem wages at the City Engineers office. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws and/or the City's LCP. B. The Contractor and each subcontractor shall forfeit as a penalty to the City not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Califomia Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor. C. As a further material part of this Contract, Contractor agrees to hold harmless and indemnify the City, its elected officials, officers, employees and agents from any and all claims, liability, loss, costs, damages, expenses, fines and penalties, of whatever kind or nature, including all costs of defense and attorneys' fees, arising from any alleged failure of Contractor or its subcontractors to comply with the prevailing wage laws of the State of Califomia. If the City or any of the indemnified parties are named as a party in any dispute arising from the failure of Contractor or its subcontractors to pay prevailing wages, Contractor agrees that the City and the other indemnified parties may appoint their own independent counsel, and Contractor agrees to pay all attorneys' fees and defense costs of the City and the other indemnified parties as 4 billed, in addition to all other damages, fines, penalties and losses incurred by the City and the other indemnified parties as a result of the action_ 14. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a govemmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 15. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 16. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to 5 the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 17. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 18. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attomey's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 19. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subCONTRACTORs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit, per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). C. Commercial General Liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' Compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not 6 contribute to any Toss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the Professional Liability and Workers' Compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only Califomia admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 20. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attomey's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attomey's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attomey's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 21. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, Califomia, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be bome equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, Califomia, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be bome equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its 7 own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 22. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY_ Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY_ C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and Tess any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 23. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by ovemight mail, the business day following its deposit in such ovemight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of Califomia) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONTRACTOR: Debbie Lunt Purchasing Division / Finance Dept. City of National City 1243 National City Blvd. National City, CA 91950-4301 ,P6ife t%rrn.el CO D, Box 634 t-two Gil 8 Ma; PH Fo 1— 765-- 'U FX 0%'" 377 - ii'o9 EM d4vi-tte r CC�vh Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 24. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Govemment Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY_ jJ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 25. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday_ B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. 9 D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 1. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY ACTION TARGET, INC. (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one si n By: Ron Morrison, Mayor APPROVED AS TO FORM: ame) Tint) z ©..K ) 6" (Title) 10 r•� By: George H. Eiser, III (Name) City Attorney 4) MAi3 L = 144tidi (Print) (Title) 11 41- NIA q- National City Police Dept. National City, CA 91950 Quotation: 37465 By: Jason Snell Printed: 2009-Apr-15 Included Items: I Complete 20' Rubber Berm Trap 27,120.00 The angle of this trap is 40 or 45 degrees (pending customer decision) to save on footprint. Includes: 10 gage galvanized steel deck, all legs and bracing, 2' of chopped rubber over entire trap area, fire retardant, misc. parts and hardware, and training. The back wall will not need to be removed. The back door will remain fully functional. 1 Overhead Berm Trap Baffle 20' Wide 5,600.00 1 row of 3/8" AR500 steel baffles without fascia. Price includes: all steel plates and joints, hanging structure, misc_ parts and hardware, and training. 1 Prevailing Wage Factory Installation 10,850.00 Sales Tax 3,190.20 Total 46,760.20 Payment Terms: Prevailing Wage Factory Installation Shipping Terms: FOB National Terms and Conditions: You must reference the Order Number above on your purchase order to secure best price. Price will he honored for 60 days from the quotation date if no other date is specified herein. Action Target reserves the right to adjust installation costs based upon the actual site conditions encountered. Unless explicitly itemized, price does not include taxes, bonds, fees, assessments, licences, mandatory wage requirements or other regulatory costs which may be applicable to the job site. Comments: Your Department shall be responsible for: Electrical services. The above terms and conditions arc satisfactory and hereby accepted. in addition buyer acknowledges www. actiontarget, con (8011377-8033 PH Provo, UT 84803 ACTION TARGET LIMITED WARRANTY Action Target, Inc. will repair or replace, at its option, any product which does not function correctly due to faulty components or workmanship for a period of ONE YEAR from date of installation completion. Action Target, Inc. will not warranty any product which falls into any of the following categories: 1. Any product which has been modified or altered by anyone other than an authorized Action Target service representative. 2. Any product which has been damaged due to improper armoring (i.e. bullet holes, etc.) 3. Any product which has been damaged due to user negligence. 4. Any product which has been damaged due to acts of nature or chance (earthquake, flood, fire, etc.). An Extended Parts and Labor Warranty is available through Action Target, Inc. The extended warranty includes a yearly range visit by Action Target. Action Target makes no other warranties, expressed or implied. www. actiantarget. com Provo; UT 84603 6/23/2009 IMPORTANT If the certificate holder_ is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) Paye 2 of 1 GREAT AMERtCAN INSURANCE COMPANIES gebsidiaries at American Financial Corporation 580 WALNUT STREET, CINCINNATI, OH1O 45202 CG 20 26 (Ed. 11 85) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED --DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: THE CITY OF NATIONAL CITY, ITS•ELECTED OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CG 20 26 (Ed. 11/85) PRO (Page 1 of 1) TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 04 03 06 (01) — 001 POLICY NUMBER: (YACRUB-1845N50-6-09) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.000 % OF THE CALIFORNIA WORKERS' COMPENSATION PREMIUM OTHERWISE DUE ON SUCH REMUNERATION. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION THE CITY OF NATIONAL CITY -1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 DATE OF ISSUE_ 07 -17-09 ST ASSIGN: 12 City of National City, California COUNCIL AGENDA STATEMENT 7EETING Sept.1.2009 AGENDA ITEM NO. 21 ITEM TITLE Resolution of the City Council of the City of Naiional City authorizing the Mayor to sign an Admission Agreement for a party to the Memorandum of Understanding for the San Diego Regional lnteroperable Command & Control Communications (3Cs) Program PREPARED BY Walter Amedee h✓ DEPARTMENT Fire/Poli Homeland Security Manager EXPLANATION The Regional Command & Control Communications (3Cs) Program is a multi- phase. inter -agency public safety communications project. 3Cs will allow public safety agencies to effectively work together during large and small-scale emergencies and disasters. 3Cs will typically be used for video conferencing and helicopter downlink streaming for situational awareness during critical incidents. planned events, and drills. The ultimate goal is for public safety agencies to better serve their communities. As a regional effort, support for the network is provided by multiple organizations including the City of San Diego, the County of San Diego, and contract staff. The 3Cs Program works with project engineers and interested agencies to design a network that is robust. secure, and reliable. The 3Cs Program is funded through a series of federal, state, Local, and tribal grants. Agencies interested in participating are being asked to sign Addendum A of the MOU by September 30, 2009. Staff recommends that the City Council authorize the Mayor to sign the Admission Agreement to join the 3Cs Program. Environmental Review ' NIA Financial Statement Approved By: rimy Finance Director 3Cs is funded through a series of federal, state, local, and tribal grants. Participating agencies will be responsible for costs associated with installing power or network jacks and cabling to run 3Cs equipment. Estimated costs are $6,629 per year. Year one costs are budgeted in the COPS SLESF Grant. Account No. 208-411-709-355 STAFF RECOMMENDATION Staff recommends authorizing the Mayor to sign the Admission Agreement to join the 3Cs Program. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Memorandum of Understanding San Diego Regional Command & Control Communications Program Resolution i A-200 (9/99) RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN AN ADMISSION AGREEMENT FOR THE CITY TO BECOME A PARTY TO THE MEMORANDUM OF UNDERSTANDING FOR THE SAN DIEGO REGIONAL INTEROPERABLE COMMAND & CONTROL COMMUNICATIONS (3Cs) PROGRAM WHEREAS, The Regional Command & Control Communications (3Cs) Program is a multi -phase, inter -agency public safety communications project. 3Cs will allow public safety agencies to effectively work together during large and small-scale emergencies and disasters. 3Cs will typically be used for video conferencing and helicopter downlink streaming for situational awareness during critical incidents, planned events, and drills. The ultimate goal is for public safety agencies to better serve their communities; and WHEREAS, the rights and obligations of the agencies participating in the program are set forth in a Memorandum of Understanding (MOU) that establishes a contractual relationship between the parties; but does not constitute a joint powers agreement or form a separate joint power agency; and WHEREAS, as a regional effort, support for the network is provided by multiple organizations including the City of San Diego, the County of San Diego, and contract staff. The 3Cs Program works with project engineers and interested agencies to design a network that is robust, secure, and reliable. The 3Cs Program is funded through a series of federal, state, local, and tribal grants; and WHEREAS, agencies interested in participating in the 3Cs Program are being asked to sign Addendum A of the MOU by September 30, 2009, Fire Department staff recommends that the City Council authorize the Mayor to sign the Admission Agreement to join the 3Cs Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City authorizes the Mayor to sign an Admission Agreement for the City to become a party to the Memorandum of Understanding for the San Diego Regional Interoperable Command & Control Communications (3Cs) Program. PASSED and ADOPTED this 1st day of September, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael Della, City Clerk George H. Eiser, III City Attorney MEMORANDUM OF UNDERSTANDING SAN DIEGO REGIONAL COMMAND & CONTROL COMMUNICATIONS PROGRAM Effective as of the day and year last written below (the "Effective Date"), this Memorandum of Understanding ("MOU") provides for the collaborative development, implementation, and management of interoperable Regional Command and Control Communications ("3Cs") capabilities by and among the City of San Diego, the County of San Diego, and signatories to Addendum A (herein individually referred to as a "Party" and collectively referred to as the "Parties"). This MOU is not intended to establish a Joint Powers Agreement or separate legal entity. This MOU establishes a contractual relationship among the Parties that may be known as the "3Cs Program." Except as provided herein for amendments, bylaws, rules and regulations approved pursuant to the provisions of the MOU, this MOU is the only binding agreement between these Parties related to the subject matter of this MOU as detailed herein. BACKGROUND After the devastating 2003 fire season, public safety officials across the region agreed on the importance of law enforcement and fire -rescue agencies working together. The Regional Command and Control Communications (3Cs) Program is an example of public safety agencies working together to find a common solution for the region which will benefit both large and small municipalities. 3Cs began as a grant funded project in 2005 to build a high -capacity data network transported over microwave radio for the use and benefit of regional public safety entities. The program was initially developed as a collaborative effort between the City of San Diego Police Department, City of San Diego Fire -Rescue Department, and the San Diego County Sheriff's Department to improve information sharing capabilities between first responders, emergency managers, and other responding agencies during emergencies. The collaboration was defined by a Memorandum of Understanding (MOU) between the three departments supporting their "joint commitment to the goal of the collaborative development and implementation of interoperable communication capabilities among emergency agencies and services throughout the cities and unincorporated areas of the County of San Diego and, as feasible, beyond these borders to Riverside, Imperial, and Orange counties." The collaboration enabled the City to apply for grant funds on behalf of the region. 3Cs was divided into multiple phases and funded by a variety of grants. Initial project funding was awarded through the Community Oriented Policing Services (COPS) grant program and subsequent major funding has been awarded through the Urban Area Security Initiative (UASI) grant program. The San Diego Urban Area Working Group (UAWG) provides oversight and approval for all UASI Grant applications submitted on behalf o the San Diego Urban Area. Grant funds have also been provided through tribal grant programs. To date, all federal, tribal and state grant funds for 3Cs have been awarded to the City of San Diego to manage. 1 CONCEPT OF OPERATIONS The Regional 3Cs network is being built to the highest level of public safety standards with redundant power and network paths to ensure that this network is operating when other networks in the region have failed. The network utilizes primarily microwave technology to transport data between public safety agencies at all levels of government operating in San Diego and neighboring counties. 3Cs connects emergency operations management centers of local, state, and federal agencies throughout the region and surrounding counties to enhance communications and information sharing in critical incidents. In addition to supporting inter- agency collaboration for large scale incidents such as wildland fires and other disasters, the 3Cs network will provide a means to transport data for day-to-day operations. By offering data services on the network, 3Cs will be able to generate revenue to off set on going support costs. Grant funds cannot be utilized to support on -going costs; therefore, a sustainment plan must be implemented. Sustainment is defined as supporting the system through the defined life span of 10 years. Revenue will be generated to support maintenance and operational costs by leasing network capacity to participating public safety agencies and by charging line fees for participants utilizing the network for emergency management. As sponsoring agencies of both the Regional 3Cs project and program, the City and County of San Diego will defer line fee and data transfer expenses by providing labor for the project in kind. This MOU between the City of San Diego and the County of San Diego is required to address key issues in the program and to support the addition of new members of the network. Key issues to address include: establishment of roles and responsibilities, ownership of maintenance of equipment, support levels, establishment of cost recovery mechanisms, and regional representation. I. SCOPE The scope of the 3Cs Program is to provide for the collaborative development and implementation of interoperable communications capabilities among public safety agencies throughout the cities and unincorporated areas of San Diego County (the San Diego Urban Area) and Imperial County and, as feasible, other areas and counties adjacent to the San Diego Urban Area. The 3Cs Program enables collaboration, situational awareness and timely distribution of critical incident information by providing a command -level communications structure for public safety when managing an incident that affects the region. The 3Cs network has been designed for secure transport of real time disaster, major incident, emergency management, training and other related public safety information. The 3Cs network provides an organized method of coordinating regional public safety resources (law enforcement, fire, medical) to expedite efficient deployment of those resources and serves primarily as a logistics and unified communications and command network between Emergency Operations Centers (EOCs), Departmental Operations Centers (DOCs), dispatch centers, and the field. It is recognized that each of the Parties has and will maintain its own interoperability capabilities beyond the 3Cs network. 2 II. PURPOSE AND INTENT The purpose and intent of this MOU is to define the operational structure of the 3Cs Program. The Parties hereto agree to work together in a cooperative manner that benefits regional public safety and emergency services, and ensures optimal communication, coordination and information sharing in all appropriate instances, among all appropriate entities. The Parties intend to utilize the administrative and operations structure outlined in this MOU. This document sets forth the rights and responsibilities of the Parties for participation in the 3Cs Program. The Parties agree as follows: III. POLICY The 3Cs network is a regional resource that is available for use by participating public safety agencies on an as -needed and as available basis any time multidiscipline operations dictate or at the discretion of the Parties and in accordance with operational policies adopted by the 3Cs Operations Advisory Board. Use of the 3Cs network should be considered during the planning phase for all large pre -planned regional exercises or events and incorporated into any written operations plans. IV. OPERATIONAL STRUCTURE A. Operations Advisory Board The 3Cs Program shall have oversight by a seven (7) member Operations Advisory Board ("Board"). The Board shall be responsible for providing input on the overall administration and direction of the 3Cs Program through interaction with the Steering Committee (as defined below). The Board's duties and responsibilities shall include advising and providing recommendations on the program's vision and scope, priorities, acting as a program advocate, establishing program funding, and overseeing the Steering Committee. The Board shall meet no less than once a year. 1. Organization The following seven representatives, or their designees, shall act as the Operations Advisory Board: • City of San Diego Chief of Police • City of San Diego Fire Chief • San Diego County Sheriff • San Diego County Office of Emergency Services Director • San Diego County Police Chiefs and Sheriff's Association Chairperson • San Diego County Fire Chiefs Association Chairperson • San Diego Fire District Coordinator 3 2. Rules and regulations The Board may adopt bylaws, rules, or regulations as may be required for the conduct of its meetings and the orderly operation of the 3Cs Program in accordance with applicable law and/or any rule or regulation. 3. Quorum and voting The Sheriff and the City of San Diego Fire Chief must each have a representative present, and a minimum of two (2) additional board members must be present in order for the Board to have a quorum to vote and transact business. Each member shall have one (1) vote. Actions of the Board shall be approved by a majority vote of members present at a meeting where a quorum exists and both the Sheriff's representative and the City of San Diego Fire Chief's representative vote in favor of such actions. B. Steering Committee The 3Cs Program shall be regionally coordinated by a Steering Committee. The Steering Committee's duties and responsibilities shall include: project oversight, establishing and monitoring all 3Cs subcommittees, development of the operational procedures, resolution of project differences of opinion and grievances, and approval of each aspect of project development and implementation. Steering Committee recommendations shall be presented to the Board for approval. The Steering Committee shall meet no less than once every three (3) months. 1. Organization The 3Cs Steering Committee shall be comprised of the following representatives or their designated alternatives: • 3Cs Program Manager (non -voting member) • Regional Technology Center Representative (non -voting member) • County Office of Emergency Services Representative • County Sheriff's Department Wireless Services Representative • County Sheriff's Department Representative • City of San Diego Office of Homeland Security Representative • City of San Diego Communications Representative • City of San Diego Police Representative • City of San Diego Fire -Rescue Representative • California Department of Forestry and Fire Protection (CAL FIRE) Representative • Public Safety Government Representative elected by the Steering Committee's designated Member Subcommittee 4 Each member of the Steering Committee may designate an alternate. Changes to the Steering Committee, including the addition of new representatives, will be approved by majority vote of the Operations Advisory Board, following the rules of quorum and voting in accordance with Section IV.A, Paragraph 3, of this MOU and applicable law. 2. Quorum and voting. A quorum for the conduct of the Steering Committee business shall exist when a majority of the Steering Committee members or their alternates and at Least one representative of both the City of San Diego and the Sheriff are present. Each member of the Steering Committee or their alternate shall have one vote. When a committee member and their alternate are both present, only the committee member shall vote. Actions of the Steering Committee shall be approved by a majority vote of members present at a meeting where a quorum exists. C. Program Manager. The Party providing management of the majority (in dollar value) of the contracts and grants shall assign an employee to serve as Program Manager. The 3Cs Program Manager, after consulting with the Steering Committee, shall be responsible for the selection of other project technical consultants, formation of the project working team from the participating agencies, specifications and preparation of any grant proposals, and for primary vendor selection screening and recommendation. The Program Manager shall report to the Board and shall serve as the Chair of the Steering Committee. The Program Manager shall coordinate with the Fund Coordinators for all contractual and grant administration issues. D. Fund Coordinators Fund Coordinators from the City of San Diego, County of San Diego, and other Parties utilizing 3Cs grant funds shall be responsible for administration, coordination, fiscal integrity, record maintenance, and other administrative duties as associated with 3Cs grant funds. The Fund Coordinator(s) shall be an employee of the agency managing the grant and shall coordinate with the Program Manager. Each Party shall cooperate with and assist the City of San Diego and any other agency receiving 3Cs grants, in any way necessary to respond to an audit of any grant that funds the 3Cs Program in whole or in part. E. Network Operations & Maintenance Group The San Diego County Sheriff's Department's Wireless Services Division and the City of San Diego's Communications Division shall jointly form the 3Cs Network Operations and Maintenance Group. This group shall be responsible for the development and implementation of a support model for 3Cs microwave, network, and end user equipment. The Network Operations and Maintenance Group shall report to the 3Cs Operations Advisory Board and coordinate closely with the Steering Committee. 5 F. Project Manager A Project Manager may be selected to manage and complete the 3Cs project tasks per a defined Statement of Work (SOW) for each project phase. The Project Manager shall report to the Program Manager. The Project Manager will be an employee of the City of San Diego or an independent contractor. G. Subcommittees The Steering Committee shall establish and manage subcommittees as necessary to ensure effective operation, participation and communication for the 3Cs Program. The Steering Committee shall appoint a chair for each subcommittee. Members of any subcommittees are not required to be members of the Steering Committee. The subcommittee chairs shall, when requested by the Steering Committee, report the Subcommittee progress and issues to the Steering Committee. V. OWNERSHIP AND MAINTENANCE OF EQUIPMENT The Parties shall maintain the Infrastructure Equipment operated under the auspices of this MOU as described below. For purposes of this MOU, Infrastructure Equipment is defined as the transport network including microwave and fiber optics up to and including the network routing device located at each Party's End Point Equipment. End Point Equipment is defined as any equipment connected into the 3Cs Network via a network routing device directly connected to the 3Cs Infrastructure Equipment. The customer edge routing device is known as the Point of Demarcation. A. The City of San Diego shall own and be responsible for all Infrastructure Equipment located in facilities managed by the City of San Diego. B. The County of San Diego shall own and be responsible for all Infrastructure Equipment located in facilities managed by the County of San Diego. C. Each Party shall possess and maintain the End Point Equipment utilized on the 3Cs Network so long as the End Point Equipment is utilized in accordance with the purpose(s) outlined in the grant. D. All Parties are responsible to ensure that all End Point Equipment and any rules, regulations, policies or procedures that in any way relate to the End Point Equipment, complies with any and all technical specifications and requirements of the 3Cs Program. E. The City of San Diego is responsible for providing installation services for all equipment for the 3Cs Program, subject to certain exceptions, and shall pay certain other costs. Further detail pertaining to project costs is outlined in Exhibit `B" which is attached hereto and incorporated herein by this reference. F. All Parties hereby grant to the City, its employees, agents, contractors and subcontractors, a non-exclusive right of entry onto, over, in and under the property where 6 installation of the equipment shall occur, as specified in the site specific work order to be provided by the City, for the limited purpose of installation and maintenance of the Infrastructure and End Point Equipment, subject to the terms and conditions set forth in this MOU. Any person, firm, corporation or other entity authorized by the City to work upon the property in furtherance of this MOU shall be deemed to be the City's agent. It is fully understood that the rights granted pursuant to this MOU shall not confer any right or interest to the City of San Diego, its employees, agents, contractors and subcontractors in the property. G. Maintenance and support services shall be performed in accordance with the Operations and Maintenance Plan for the San Diego Regional 3Cs Program. VI. NETWORK OPERATING COSTS A. The cost for operations and maintenance of the 3Cs Network shall be divided and allocated between the Parties based on the approved business plan, attached hereto as Exhibit "A" and incorporated by reference herein. B. The cost of the ongoing operations and maintenance of the 3Cs Network to the Point of Demarcation shall be allocated to each Party on a per Point of Demarcation, on an annual basis. C. The business plan attached as Exhibit "A" includes projected revenues, expenses, and net operating income based upon anticipated user fee income and various expense categories related to the anticipated staffing levels and other resource commitments to be made by the City and the County in order to ensure efficient and effective operations of the network. As reflected in the business plan, it is anticipated that revenues from network user fees will not be sufficient to offset operating costs. For this reason, the City and County shall receive network service in lieu of fee payment in order to compensate them for the anticipated operating losses when fees generated do not cover all costs incurred. That service in lieu of reimbursement for costs incurred shall be provided to City and County in part, through exclusive use allotments of network resources for their proprietary needs. It is anticipated that one-third of network resources will be dedicated to regional needs, one-third to City needs and one-third to County needs. It is anticipated that such "proprietary needs" for the County may in fact benefit regional partners through access to such services as SDLaw. The City and County will update the business plan annually by June 1st and present it to the Operations Advisory Board for a recommendation to the Mayor of the City of San Diego. D. Fees assessed to each party will be collected by the City and deposited in a 3Cs revenue account. Fees collected shall be used to offset operations and maintenance costs incurred by the City and the County as outlined in the Business Plan. Deviations from the approved Business Plan will be submitted by the Network Operations and Maintenance Group and Program Manager to the Operations Advisory Board for a recommendation to the Mayor of the City of San Diego. E. Connections to the network temporarily added by an agency to handle a disaster or emergency shall not be a part of determining the agency's ongoing cost, unless the Points of Demarcation are retained for normal operations following resolution of the disaster or emergency. F. The costs shall be in effect for a period of one (1) year in accordance with the fiscal year commencing on July 1st and ending on June 30th, except that if the effective date of this MOU is other than July 1, the first fiscal year shall be the short year starting the effective date of this MOU and ending the following June 30. The Board shall recommend to the Mayor of the City of San Diego that costs be adjusted annually based on the reevaluation of the business plan and recalculation of expected program costs following a majority vote as defined in Section IV., Subsection A., Paragraph 3, Quorum and Voting, herein above. VII. ADDITIONAL PARTIES A. Additional entities providing public safety services may become a party to this MOU upon a majority vote of the 3Cs Operations Advisory Board and by executing a document substantially similar to the fonn attached as Addendum "A." The agreement shall be reviewed by the City of San Diego, prior to submitting to the 3Cs Operations Advisory Board for approval. B. New parties added to this MOU shall appoint one (1) member to the 3Cs User Group. VIII. NOTICE Any notice, demand, complaint, request, or other submission under this MOU shall be in writing and shall be sent either by U.S. Mail, Certified, and Return Receipt Requested or by personal delivery, to the 3Cs Board in care of the Program Manager at: 3Cs Program Manager City of San Diego 1010 Second Avenue, Suite 400 San Diego, CA 92101 IX. AMENDMENTS This MOU may only be amended or modified by a vote of the Board in accordance with section IV.A.3 of this agreement. X. COUNTERPARTS This Agreement may be executed in any number of separate counterparts and by each of the Parties in separate counterparts, each counterpart constituting an original, and all such counterparts constituting but one and the same agreement. XI. GOVERNING LAW This MOU shall be governed by and construed according to the laws of California. a XII. COMPLIANCE WITH LAWS In exercising their rights under this MOU, the Parties shall fully comply in all material respects with the requirements of any and all applicable laws, requirements and assurances required any grant that funds the 3Cs program in whole or in part, and regulations, rules, orders, policies and procedures of any governmental body having jurisdiction over the exercise of rights under this Agreement. Where there is a conflict between the applicable laws, rules, regulations, orders, policies, or procedures of any governmental body having jurisdiction over the exercise of rights under this Agreement, the applicable requirements and assurances required by any grant that funds the 3Cs program in whole or in part shall govern to the extent permitted by law. XIII. EFFECTIVE DATE AND TERMINATION A. This MOU shall become effective upon its execution by all Parties and, unless otherwise mutually agreed to in writing by the Parties shall remain in effect for two (2) years unless extended by mutual agreement and amendment. B. Any Party to this MOU may withdraw by providing ninety (90) days written notice prior to the end of the fiscal year as defined herein. Regardless of the date that notice of withdrawal is provided, no withdrawal by any Party is effective until the last day of the fiscal year, as defined herein. Notice of termination shall be sent or otherwise delivered to the 3Cs Board at the address listed in Section VIII. C. This MOU shall terminate immediately in the event of a Loss of funding to the City necessary to carry out the purposes of this MOU, or disapproval by a federal administrative agency, or if it is determined by the Board or by a legal authority having jurisdiction that the MOU or the 3Cs project violates any federal or state laws, rules or regulations. In the event termination is pursuant to this provision, a notice specifying the reasons for termination shall be sent by the Board to all Parties to the MOU as soon as possible after the termination in accordance with the procedures set forth herein. D. This MOU may not be terminated at the convenience of the Parties if the performance under this MOU is compelled by State or Federal Statute or Executive Order. E. As of the effective date if this MOU, none of the parties to this agreement is aware of any State or Federal Statute or Executive Order that compels any Party to continue performance under this MOU or compels any Party not to terminate for any reason. XIV. EFFECTS OF WITHDRAWAL AND TERMINATION A. Upon withdrawal by any Party from this MOU, the Party withdrawing from participation in the MOU shall return all End Point Equipment funded by 3Cs grant awards to the Program Manager for reallocation or agree to pay the depreciated value minus any costs incurred outside of standard maintenance contracts. B. Parties hosting Infrastructure Equipment in their facility that withdraw from this MOU agree to continue to allow operation of the equipment, including access to the facility, for the 9 lifespan of the system, which includes both Infrastructure and End Point Equipment, as set forth in the Business Plan, attached as Exhibit "A" hereto, and incorporated herein by this reference, provided the remaining Parties agree to assume all costs associated with operation of the 3Cs equipment in the facility including, but not limited to, utilities, real property costs, licenses, and equipment maintenance. The remaining Parties to this agreement also agree to assume all terms and obligations of existing permits, licenses, and lease agreements, and to operate and maintain the equipment in a manner that is consistent with any existing permits, regulations, or agreements. C. Where any Party withdraws from participation in this MOU, such Party shall be responsible for actual costs including, but not limited to, costs for utilities, real property, licenses, and equipment maintenance, incurred in establishing and maintaining the Infrastructure Equipment and End Point Equipment up through and including the ninety (90) day period required for any Party to withdraw as required by this MOU, Section XIII, Subsection B. D. Upon termination of this MOU, the Operations Advisory Board shall recommend to the Mayor of the City of San Diego by majority vote how to distribute any undistributed grant funds and equipment, subject to the rules associated with the grant award. E. Any Party may be removed from the 3Cs System for good cause including, but not limited to failure to pay assessed fees or charges, failure to keep the system secure, failure to comply with applicable grant requirements, and/or improper release of information. Such removal can be made only upon a majority vote of the Operations Advisory Board after providing the member with at least 30 days written notice of the intended removal and an opportunity to be heard by the Operations Advisory Board. A member removed from the 3Cs System shall be subject to all obligations including, but not limited to, the financial obligations of this MOU and any requirements from any grants that fund the 3Cs Program in whole or in part. XV. INDEMNIFICATION A. Claims Arising From Sole Acts or Omissions of a PARTY Each PARTY to this Agreement hereby agrees to defend and indemnify the other PARTIES to this Agreement, their agents, officers and employees, from any claim, action or proceeding against the other PARTIES, arising solely out of its own acts or omissions in the performance of this Agreement. At each PARTY's sole discretion, each PARTY may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve any PARTY of any obligation imposed by this Agreement. PARTIES shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. B. Claims Arising From Concurrent Acts or Omissions The PARTIES hereby agree to defend themselves from any claim, action or proceeding arising out of the concurrent acts or omissions of the PARTIES. In such cases, 10 PARTIES agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph C below. C. Joint Defense Notwithstanding paragraph B above, in cases where PARTIES agree in writing to a joint defense, PARTIES may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of PARTIES. Joint defense counsel shall be selected by mutual agreement of PARTIES. PARTIES agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 4 below. PARTIES further agree that no PARTY may bind the others to a settlement agreement without the written consent of the others. D. Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties. PARTIES may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. XV1. AUTHORIZED SIGNATURES 1. The Chief Operating Officer for the City of San Diego is authorized to execute this MOU through authority granted by the Mayor of San Diego and pursuant to San Diego City Charter Section 265. On June 23, 2009, item # J , the County of San Diego Board of Supervisors authorized the Sheriff to execute this MOU and any extensions or amendments that do not materially change the terms of the agreement or the funding levels. IN WITNESS WHEREOF, the Parties have caused this MOU to be executed by their duly authorized representatives as of the day and year last written below. City of San Diego By: Jay Goldstone Date Chief Operating Officer County of San Dieg By: Atede--- 6 - 2 ‘-o William B. Kolender San Diego County Sheriff Date 11 IN WITNESS WHEREOF, the Operations Advisory Board Members have agreed to endorse the operational structure represented in this MOU dated as of 2 , 2009, subject to all rights and obligations of a Party as set forth in the MOUndersigned represents that he or she is duly authorized to sign this MOU on behalf of the organization represented. San Diego County Sheriff By: i'l��. 17, William B. Kolender tty of San Dieg. hi By: William M. downe City of Sjbiego Fire Cjaigf By: Tracy J San Diego Co P.•ice Chiefs and Sheriff's Association San Di-.. ounty Fire Chiefs Ass . .n Date Date Date By: David Ott San Diego County Office of me gency Services By: Ron Lane San Diego F. District Coordinator By: August hio 12 Date Date 7-7-07 Date ADDENDUM A ADMISSION AGREEMENT for a Party to the MEMORANDUM OF UNDERSTANDING FOR THE SAN DIEGO REGIONAL INTEROPERABLE COMMAND & CONTROL COMMUNICATIONS (3Cs) PROGRAM The City of National City hereby agrees to become a Party to that certain Memorandum of Understanding for the San Diego Regional Interoperabie Command & Control Communications (3Cs) Program dated as of July 1, 2009 (the "MOU"), subject to all rights and obligations of a Party as set forth in the MOU. The undersigned represents that he or she is duly authorized to execute this Admission Agreement on behalf of the City of National City. By: Ron Morrison Title: Mayor Date: 13 EXHIBIT A BUSINESS PLAN FOR THE SAN DIEGO REGIONAL COMMAND AND CONTROL COMMUNICATIONS (3Cs) PROGRAM FV2010 — July 1, 2009 through June 30, 2010 Statement of Purpose The purpose of this business plan is to establish a program sponsored by both the City of San Diego and the San Diego County Sheriffs Department as the region's primary stakeholders in public safety communications. The primary business driver for the plan is to ensure the data network provides value to the region's public safety community and is cost effective to operate and maintain. Program Objective Establish a business process to add customers on the network, bill for services, collect revenue, manage staff, and pay operational expenses in a manner that is cost effective to the City of San Diego and San Diego County Sheriff's Department. In doing so, the network must also meet the requirements of the public safety community to securely transfer data between agencies for the purpose of encouraging inter -agency collaboration. History of 3Cs The Regional Command and Control Communications (3Cs) kicked off as a grant funded project in 2005 to build a high -capacity data network over microwave for public safety use. The project was divided into multiple phases and funded by a variety of grant funds. Table 1 describes the project phases Table 1: Pro'ect Phases Phase Timeframe Phase Goal 2 December 2005 — March 2007 May 2007 — April 2008 • Pilot Phase — Proof of concept. Initial build out of the network to City and County sites. • Infrastructure to key mountaintop sites, across San Diego County and out to Imperial County. • Add additional network sites to implement path looping for additional redundancy on the network. • Add up to 10 public safety agencies to the network. • Add 5 additional video downlink sites. • Begin transition to MPLS networking standard for transport of secure data. 1 3 July 2008 — June 2010 • Add up to 30 public safety agencies to the network within San Diego County. • Improve coverage of helicopter downlink in the north and eastern sections of the county. • Implement MPLS standard • Begin utilizing the network for data applications, in addition to incident based video applications. • Implement a network operations center 4 TBD • This phase is currently unfunded. • Continue to add additional sites to the network as requested by the public safety community. • Continue to add additional functionality to the network. The network is built to the highest level of public safety standards with redundant power and network paths to achieve a higher level of operational availability than other local data networks typically provide. Concept of Operations The Regional 3Cs Program is in the process of building a public safety intranet utilizing primarily microwave technology to transport data between public safety agencies at all levels of government operating in San Diego and neighboring counties. In addition to supporting inter- agency collaboration for large scale incidents as stipulated in the grant awards, the program will provide a means to transport data for day-to-day operations. By offering data services on the network, 3Cs will be able to generate revenue to off set support costs. Revenue will be generated to support not only labor, but maintenance, and operational costs by leasing network capacity to participating public safety agencies and by charging Iine fees for participants utilizing the network for emergency management. Billing for network access and usage will be implemented beginning July 2009. As sponsoring agencies of both the Regional 3Cs project and program, the City and County of San Diego will defer line fee and data transfer expenses by providing services for the project in kind. In order to support a network of this size, dedicated staff is required. Staffing will be phased into the program across multiple years, with full staffing anticipated by the completion of Phase 3. The support model will include staffing for issues between 8am and 4pm Monday through Friday, with holidays and off hours covered with on call staff. 2 Roles and Responsibilities The Regional 3Cs Program was initially developed as a joint effort between the City of San Diego and the San Diego County Sheriffs Department. Empowered by a Memorandum of Understanding (MOU) between the two agencies, a multi -tiered governance structure was implemented to manage new construction. The City is responsible for the following project and program related tasks: • Grant applications • Grants administration • Procurement • Asset management • Program Management • Contracting and Billing for 3Cs Customers • Radio Frequency (RF) Network Architecture Design • Maintenance of the RF Network at assigned sites • Hire and oversee contracted IP network and help desk support The Sheriff's Department is responsible for the following tasks: • RF Network Architecture Design • Manage Installations • Maintenance of the RF network at assigned sites • Oversee IP network architecture Key Assumptions A number of programmatic, technology and cost assumptions have been made for the purposes of conducting this analysis. The assumptions most critical to the overall business case analysis are presented below: • The intended goal of this program is to institute total cost recovery of the operational costs of the system. Not all recovery will be in the form of revenue. The City and County will be allocated part of the total network bandwidth, one third each (approximately 50Mb), in lieu of reimbursements for costs as outlined in the MOU. • The City and County of San Diego will continue to work together to sponsor the 3Cs data network through the completion of Phase 3 of the project. • 3Cs shall support emergency management efforts as required by the grant programs that funded the initial phases of the program. • Grant funds cannot be utilized to support on -going costs, therefore a sustainment plan must be implemented. Sustainment is defined as supporting the system through the defined life span. and not full system replacement in perpetuity. • Life span of the system is set for 10 years beginning July 2008 and ending June 30, 2018. No replacement costs for equipment beyond break fix are included in the cost estimates. • All costs and revenue utilized in determining the business plan are estimated. • Costs and revenue will he recalculated annually. 3 Key Risks Lack of Awareness: High level executives and political officials may not be aware of the potential uses of the 3Cs network. This risk can be mitigated through a continued effort to educate the public safety community on 3Cs, including speaking at regional meetings and contacting perspective agencies directly. Lack of Clearly Defined Ownership, Support, and Sustainment: The original August 2004 agreement entitled, in pertinent part, "Memorandum of Understanding Under The Office of Community Oriented Policing lnteroperable Communications Grant Program..." between the City and County of San Diego is replaced and superseded by the new "Memorandum of Understanding For The Regional Command & Control Communications (3Cs) Program" ("3Cs MOU") to which this Business Plan is attached. The 3Cs MOU is intended to support the addition of new members of the network. Key issues addressed in the 3Cs MOU include establishment of roles and responsibilities, ownership of maintenance of equipment, support levels, establishment of cost recovery mechanism, and regional representation. Lack of an Identified Revenue Source to Replace the System Once it Reaches End of Life: This business plan does not provide a plan to systematically replace equipment that has reached its end of life. After careful analysis, the Steering Committee determined that to budget for systematic equipment replacement would cause an increase in fees that would be cost prohibitive for most public safety agencies in the county. This risk can be mitigated by continuing to research and plan for a transition from the 3Cs network to new technologies by 2018. Also, replacement costs can be incorporated into future operating budgets if the users of the system determine that the network has become a core competency and they require it to be maintained past 2018. Technical Risk: The use of IP over microwave for high bandwidth capacity networks is relatively new. In transitioning to daily data transport, it is important that the network be well designed to support mixed usage and secure enough to qualify to transport law enforcement sensitive information. Customer Resistance: Customer across the region may be unwilling or slow to commit to the project, especially due to financial constraints. Cost Recovery Plan A program of this scale requires a variety of expenses to keep it operational. In developing the cost recovery plan, the goal was to identify all real costs which will be incurred by either the City of San Diego or the Sheriffs Department. Costs included labor (salaries and benefits), equipment maintenance and support contracts, lease costs for site space, cost to power the equipment, and vehicle costs associated with site visits for maintenance and troubleshooting of the system. Because the plan assumes a 10-year lifespan without equipment replacement, hardware and software maintenance costs are included in the cost estimates. Microwave equipment purchased through Harris Stratex will be repaired utilizing a Time and Materials contract instead of a maintenance agreement. To mitigate the risk of unforeseen equipment failure, the program is 4 stocked with spare equipment. Table 2 summarizes the expected costs to run the program. Table 2: Ex • ected Annual Costs Costs O . erational Ex ' enses - Labor Loaded Value City Pro ram • ana:er t�01111�1' RF Tech (City - 1 FTE) Cost Unit $179,830 $127,106 .75 1 Extended Cost $134,873 $127,106 City RF Engineer (City —''A FTE) $163,573 .50 $81,787 SDSD RF Tech (Sheriff— 1.5 FTE) $129,051 1 $193,576 SDSD SR IT Engineer/Network Manger (Sheriff —'/2 FTE) $147,816 .50 $73,908 Total Labor $611,250 Operational Expenses - Non -Labor Agency Expenses SDSD Lease Costs (ISP and ISDN) $7,550 SDSD Lease Costs (Woodson) $24,000 SDSD Lease Costs (Red Mountain) $1,000 City Site Electrical Costs (City Comm - 9 sites) 328 13 $4,264 SDSD Site Electrical Costs (SDSD WSD - 31 sites) 328 37 $12,136 City Vehicle and Travel Costs (City Comm - 1 vehicle) 3537 1 $3,537 SDSD Vehicle and Travel Costs (SDSD WSD - 2 vehicles) 3537 2 $7,074 Total Agency Expenses $59,561 Operational Expenses - Equipment Maintenance SDSD Infrastructure Maintenance (Time and Materials) $50,000 City Cisco Maintenance $143,994 Shared Tandberg Infrastructure Equipment $32,962 Shared Vbrick Infrastructure Equipment $20,685 Total Maintenance $247,641 GRAND TOTAL COST $918,452 Table 3 shows the forecasted revenue that will be generated by the program. The revenue is divided into two sections: Hard Benefits and Operating Efficiencies. Hard Benefits are income expected to be collected by the participating agencies through the billing for emergency management line fees and by leasing space on the network for data transport. As noted in the proposed Memorandum of Understanding for 3Cs, the City and County will receive network service in lieu of fee payment in order to partially compensate them for anticipated operating losses. That service in Lieu of reimbursement for costs incurred will be provided in part through exclusive use allotments for proprietary needs. Operating efficiencies itemize the value of the network allotment for the City of San Diego and County of San Diego. Operating efficiencies are defined as benefits the City and County receive from the network, including data transport capacity and emergency management services, in return for operating costs incurred by the City and County to support the system. 6 Table 3: Forecasted Annual Revenue' Revenue Hard Benefits - Revenue Generating Price Unit Extended Value Proposed Line Fee (Emergency Management) @ 20 mb = $3,000 Phase 2 Line Fees $3,000 7 $21,000 Phase 3 Line Fees $3,000 23 $69,000 Total EM Line Fee Revenue $90,000 Data Transport Revenue (P2P mb) $3,000 30 $90,000 Data Transport Revenue (MP mb) 3- 5 sites $5,000 10 $50,000 Data Transport Revenue (MP mb) 6-10 sites $9,000 10 $90,000 Data Transport Revenue (MP mb) 10 + sites $15,000 5 $75,000 Total Data Transport Revenue $305,000 TOTAL REVENUE $395,000 Operating Efficiencies - Benefits to City and County Data Transport County (MP mb) $5,000.00 50 $250,000 Data Transport City (MP mb) $5,000.00 50 $250,000 EM Sites County (EOC, DOC, Ridgehaven, ASTREA, MOC, HazMat) $3,000.00 6 $18,000 EM Sites City (CAB, COB, PDHQ, FCC, ABLE, Convention) $3,000.00 6 $18,000 TOTAL DEFERRED REVENUE $536,000 GRAND TOTAL REVENUE $931,000 Revenue and rates were calculated using the following formulas: Total Income Required to Recover Projected Costs = (Projected Non -labor agency expenses + Equipment maintenance expenses) — (Cash Reserves from the previous year) Data Transport Revenue= $3000 x projected capacity available for sale (P2P mb) + $5000 x projected capacity available for sale (P2MP 3-5 sites) + $9000 x projected capacity available for sale P2MP 6010 sites) + $15000 x projected capacity available for sale P2MP 10+ sites) Emergency Management Line Fee = (Total Income Required — Data 'Transport Revenue)/ Number of Parties — (City and County) 7 Utilizing the data from Tables 2 and 3, Table 4 calculates the return on investment (RO!) annually for the program. As stated in the assumptions section of this document, the intended goal of the program was total cost recovery, which equates to an ROI of zero. Table 4: Potential Annual Return on Investment Calculation Summary and ROI Calculation Total Costs $918,452 Total Revenue (and Offsets) $931,000 Percentage Recovered 104.5% Difference 12,548 Cash Reserve 12,548 Return on Investment 0.0 The Return on Investment (ROI) analysis shows the 3Cs Program capable of recovering all costs, considering the forecasted costs and revenue once Phase 3 of the project is completed. Based on the data from Tables 2-4, the estimated costs for labor approximate the operating efficiencies (within 1 %) received by the City and County of San Diego. Therefore, the City and County may achieve full recovery of costs associated with managing and supporting the 3Cs system through the estimated value gained utilizing their dedicated bandwidth on the network. All other costs will be recovered through billing payments by participating agencies outside of the City and County. 8 EXHIBIT B Project Costs As a participant of the 3Cs Program, equipment will be purchased on behalf of your agency. The City, its employees, agents, contractors and/or subcontractors shall install all equipment for the 3Cs Program, as specified in the site specific work order to be provided by the City, subject to the terms and conditions set forth in this MOU. Because 3Cs is funded through grants, it is important that each agency understand the limitations of the grant, and what items will need to be budgeted and procured by the individual participating agency. Initial Costs What the 3Cs project budget will pay for: 1. All costs associated with the design and installation of the 3Cs network 2. All costs for installation of network equipment such as routers and switches 3. Purchasing costs for video conferencing equipment 4. Purchasing costs for video streaming devices Responsibility of the participating agency: I . Costs associated with installing power or network jacks in order to run 3Cs equipment 2. Cabling to individual LAN jacks from the router On Going Maintenance The 3Cs Program Manager anticipates implementing the business plan outlined in Exhibit "A", including the charging of line fees and leasing spare capacity on the network. These costs could potentially be offset by participating agencies who currently lease Ti lines to access public safety applications or share data between regional partners. The end result could be a cost savings to the participating agency. It will be the individual agency's responsibility to maintain through a maintenance contract all non -microwave equipment installed at their location, including video conferencing equipment and video streaming equipment once the one year warranty period has expired. Agencies may purchase maintenance agreements through a 3Cs vendor or their own vendor(s). 1 City of National City, California COUNCIL AGENDA STATEMENT EETING DATiept 1, 2009 22 AGENDA ITEM NO. ITEM TITLE Warrant Register #5 for the period of 07/29/09 through 08/04/09 in the Amount of $1,213,520.47 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Financ Jeanette Ladrido 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 07/29/09 through 08/04/09. EXT. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Public Emp Ret 228440 561,632.60 Explanation Emp Ret Sys PPE 07/13/09 & PPE 07/27/09 J Environmental Review N/A MIS Approval Financial Statement Not applicable. Approved By. Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $1,213,520.47 BOARD / COMMISSION RECOMMENDATION I1TTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register #5 A-200 (Rev. 7/03) PAYEE BOARD OF EQUALIZATION AMERICAN LUNG ASSOC OF CA CENTER FOR CREATIVE LAND COMMUNITY HOUSING WORKS COMMUNITY YOUTH ATHLETIC CTR DANTE'S MODULAR PERFORMANCE ENVIRONMENTAL HEALTH COALITION FAIR HOUSING COUNCIL OF SD FEDEX HARRIS & ASSOCIATES HORIZON HEALTH EAP MOORE IACOFANO GOLTSMAN MOHLER N C CHAMBER OF COMMERCE SAN DIEGO DAILY TRANSCRIPT SOUTH COUNTY ECONOMIC DEV 1PLES ADVANTAGE LADLING YOCCA CARLSON & THE SOHAGI LAW GROUP ULTIMATE STAFFING SERVICES URBAN FUTURES WELLS FARGO BANK XEROX CORPORATION ACEDO AIRGAS-WEST ALL FRESH ALLEN AMERICAN ROTARY BROOM CO., NC ASSI SECURITY AUSTIN DOORS BEARD BOND BLACKTOP, INC. BOOT WORLD BOYD C W REED JR CALIFORNIA BAKING CO. CALIFORNIA ELECTRIC SUPPLY CALIFORNIA SOCIETY OF CAMEON CAROLINE'S FLOWERS CARQUEST AUTO PARTS TLE VG CDWG CEB CEB CONDON INCORPORATED WARRANT REGISTER # 5 8/4/2009 DESCRIPTION SALES TAX 2ND QTR 09 REIMB HEALTHY HOMES - APR 2009 2300 CLEVELAND/830 23RD STREET LOW MOD HOUSING FUND-HOMEBUYER REIMB CHAMPS4 LIFE PROGRAM REIMB ECO DEV LOAN REIMB SUG-GRANTEES EHC EXTENSION FY 08-09 CDBG PROGRAM SYB-RECIPIENT COURIER CONSULTING SVC'S AQUATIC CENTER EMPLOYEEASSTPROGRAM - CDC PROF SVC'S-LAS PALMAS PARK/FAC VISION REIMB HEALTHY HOMES UNIT REPAIRS REIM-ECO DEV JUUAUG/SEP2009 SO COUNTY LIFESTYLES AD MEMBERSHIP RENEWAL FY09-10 OFFICE SUPPLIES - REDEV RDA GENERAL SERVICES GEN PLAN UPDATE TEMP EMP FOR NEIGHBORHOOD SVCS REDEV FISCAUIMPLEMENTATION CREDIT CARD EXP - CDD LEASE 03/25 - 06/30/09 RETIREE HEALTH BENEFITS AUG 2009 BALLOON HELIUM FOOD/CONSUMABLES RETIREE HEALTH BENEFITS AUG 2009 SWEEPER REPAIRS OFFICE SUPPLY - HR REPAIRS, REPLACEMENTS 125 PLAN REIMBURSEMENT SLURRY SEAL PROJECT/FINAL RETENTION SAFETY BOOTS ( ACOSTA) RETIREE HEALTH BENEFITS AUG 2009 RETIREMENT 2000964-S90 AUG 2009 BREAD PRODUCTS ELECTRICAL MATERIAL CSMFO FY 09-10 BUDGET AWARD REIMB-SWITCH FOR INV SHREDDER FLOWERS FOR EDITH HUGHES BRAKE PAD REIMB HEALTHY HOMES UNIT REPAIRS CONSOLE KVM SWITCH 15"LCD - MIS SALES TAX ON INVOICE CA LAND USE PRACTICE UP EASEMENTS/BOUNDARIES LAW & LIT RETIREE HEALTH BENEFITS AUG 2009 1/3 CHK NO DATE AMOUNT 228343 7/31/09 2,702.00 228344 8/4/09 27,474.88 228345 8/4/09 639.00 228346 8/4/09 14,671.30 228347 8/4/09 28,356.53 228348 8/4/09 8,953.36 228349 8/4/09 49,353.45 228350 8/4/09 9,500.00 228351 8/4/09 67.83 228352 8/4/09 7,120.00 228353 8/4/09 114-56 228354 8/4/09 13,570.70 228355 8/4/09 2,370.00 228356 8/4/09 12,500-00 228357 8/4/09 3,500.00 228358 8/4/09 7,500.00 228359 8/4/09 159.97 228360 8/4/09 78.00 228361 8/4/09 1,402.50 228362 8/4/09 1,722.40 228363 8/4/09 3,157.50 228364 8/4/09 793.47 228365 8/4/09 443.23 228366 8/4/09 160.00 228367 8/4/09 22.65 228368 8/4/09 3,535.36 228369 8/4/09 125.00 228370 8/4/09 230.97 228371 8/4/09 67.00 228372 8/4/09 315.00 228373 8/4/09 82.05 228374 8/4/09 29,072.56 228375 8/4/09 125.00 228376 8/4/09 145.00 228377 8/4/09 1,123.93 228378 8/4/09 144.00 228379 8/4/09 1,340.90 228380 8/4/09 50.00 228381 8/4/09 74.64 228382 8/4/09 116.75 228383 8/4/09 79.51 228384 8/4/09 36.00 228385 8/4/09 1,720.00 228386 8/4/09 167.70 228387 8/4/09 198.74 228388 8/4/09 142.73 228389 8/4/09 280.00 2/3 PAYEE COUNTY CLERK COUNTY OF S D COUNTY OF SAN DIEGO DALLA DAPPER TIRE COMPANY DEFRATIS DEPARTMENT OF JUSTICE DICERCHIO DREDGE ESGIL CORPORATION EWERT, PHILLIP FIRE ETC GEORGE'S LAWN EQUIPMENT CO GRAINGER GULOTTA GUTIERREZ HAMILTON MEATS & PROVISIONS HANSON HOLLOWAY HONEYWELL INC. HORIZON HEALTH EAP IKON OFFICE SOLUTIONS/IOS IMAGING PRODUCTS INTEGRATED BIOMETRIC J & M KEYSTONE INC JAMES PUBLISHING JAMES KIMBLE KOLANDA LASER SAVER INC LOPEZ MANPOWER OF SAN DIEGO MATIENZO MATTHEW BENDER & CO INC MCCABE MEYERS/NAVE MISSION UNIFORM SERVICE MURRAY MYERS NAPA AUTO PARTS NEOGOV NEXUS INTEGRATED SOLUTIONS NOSAL, WILLIAM A. PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES PADRE JANITORIAL SUPPLIES, INC PAUU PERRY FORD 71VCO1RPORATED - WARRANT REGISTER # 5 8/4/2009 DESCRIPTION NCB TRAFFIC SIG UPGRADE REFUND OF OVER CLAIMED MEAL REIMB - TRAINING GRANICUS VIRTUAL TIRES FOR CITY FLEET RETIREE HEALTH BENEFITS AUG 2009 EMP FINGERPRINT TEST SUBMISSION RETIREE HEALTH BENEFITS AUG 2009 RETIREE HEALTH BENEFITS AUG 2009 CONSULTANT SVCS FOR BLDG-JUNO9 RETIREE HEALTH BENEFITS AUG 2009 FIRE STATION BOOTS 4HP HONDA EDGER, 4G-7-P TOOLS & SUPPLIES REIMB HEALTHY HOMES UNIT REPAIRS REIMB HEALTHY HOMES UNIT REPAIRS MEAT PRODUCTS RETIREE HEALTH BENEFITS AUG 2009 RETIREE HEALTH BENEFITS AUG 2009 MECHANICAL MAINTENANCE EMPLOYEE ASST PROGRAM COPIER EQUIP LEASE PAYMENTS NIKON-COOLPIX 10.0 MEGAPIXEL DIGITAL EMP FINGERPRINT TEST SUBMISSION LABOR, INSTALL CEILING TILES GUERRILLA DISCOVERY - REVISION RETIREE HEALTH BENEFITS AUG 2009 RETIREE HEALTH BENEFITS AUG 2009 RETIREE HEALTH BENEFITS AUG 2009 PRINTER MAINTENANCE TRANSLATION SVCS - JULY 7, 2009 WEEK ENDING 07/12/09 RETIREE HEALTH BENEFITS AUG 2009 CA CODES 6-IN2 JULY 2009 SUPP RETIREE HEALTH BENEFITS AUG 2009 MOU NEGOTIATIONS & LABOR ADVICE LAUNDRY SERVICE RETIREE HEALTH BENEFITS AUG 2009 RETIREE HEALTH BENEFITS AUG 2009 SMALL TOOLS & SUPPLIES EXPERT & CONSULTANT SERVICES PHONE SYSTEM (PBX) MAINTENANCE RETIREMENT SETTLEMENT AUG 2009 SMOG CERTIFICATION & REPAIRS PURELL FOAM JANITORIAL SUPPLIES RETIREE HEALTH BENEFITS AUG 2009 MAINTENANCE & REPAIRS CITY FLEET CHK NO DATE AMOUNT 228390 8/4/09 50.00 228391 8/4/09 245.07 228392 8/4/09 149.00 228393 8/4/09 519.03 228394 8/4/09 120.00 228395 8/4/09 676.00 228396 8/4/09 70.00 228397 8/4/09 250.00 228398 8/4/09 6,059.00 228399 8/4/09 160.00 228400 8/4/09 1,452.01 228401 8/4/09 1,892.09 228402 8/4/09 208.62 228403 8/4/09 5,721.00 228404 8/4/09 246.00 228405 8/4/09 1,119.7' 228406 8/4/09 135.0 228407 8/4/09 150.0,, 228408 8/4/09 1,263.71 228409 8/4/09 733.90 228410 8/4/09 1,807.73 228411 8/4/09 192.07 228412 8/4/09 38.00 228413 8/4/09 130.00 228414 8/4/09 84.14 228415 8/4/09 140.00 228416 8/4/09 300.00 228417 8/4/09 135.00 228418 8/4/09 652.28 228419 8/4/09 140.00 228420 8/4/09 652.80 228421 8/4/09 100.00 228422 8/4/09 19.76 228423 8/4/09 280.00 228424 8/4/09 10,561.00 228425 8/4/09 61.66 228426 8/4/09 150.00 228427 8/4/09 140.00 228428 8/4/09 1,870.74 228429 8/4/09 1,250.00 228430 8/4/09 11,122.! 228431 8/4/09 1,0651 228432 8/4/09 385.07 228433 8/4/09 84.68 228434 8/4/09 702.35 228435 8/4/09 340.00 228436 8/4/09 2,933.52 PAYEE PFEIFER POTTER PRO -EDGE KNIFE PUBLIC EMP RETIREMENT SYSTEM RAY RECREATION SUPPLY COMPANY REED RESTAURANT EQUIP SVC ROBERT HALF LEGAL RUIZ SAFEWAY SIGN CO. SAFLAR'S MANAGEMENT SAN DIEGO DAILY TRANSCRIPT SAN DIEGO GAS & ELECTRIC SDG&E SHORT, CRAIG SOUTH BAY COMMUNITY SERVICES - kPLES ADVANTAGE \RTECH COMPUTERS 6IRATACOM SYSCO SAN DIEGO THE LIGHTHOUSE, INC. THE STAR NEWS THE STAR NEWS TILLEY CRANE INSPECTION SVC TRAUMA INTERVENTION PROG TURNER'S PORTABLE WELDING U S HEALTHWORKS UNITED PARCEL SERVICE VERRY WATERLINE TECHNOLOGIES WEST GROUP PAYMENT CENTER WEST GROUP PAYMENT CENTER ZARATE ZEE MEDICAL, INC. ZIETLOW, DAVID ONION BANK OF CALIFORNIA :TION 8 HAPS PAYMENTS WARRANT REGISTER # 5 8/4/2009 DESCRIPTION 125 PLAN REIMBURSEMENT RETIREE HEALTH BENEFITS AUG 2009 SHARPENING SERVICE SERVICE PERIOD 07-09-3 RETIREE HEALTH BENEFITS AUG 2009 EQUIPMENT -RESCUE TUBES/GUIDES EQUIPMENT REPAIR TEMP EMP SVC - GILMORE, L RETIREE HEALTH BENEFITS AUG 2009 SSG STREET SIGN REFUND-RES RENT OVERPAYMENT ADVERTISING - SR2S 09-14 1415 D AVE 06/18 - 07/20/09 FACILITIES DIVISION 228450 RETIREE HEALTH BENEFITS AUG 2009 228451 CDBG PROGRAM SUBRECIPIENT AGREEME 228452 OFFICE SUPPLIES - HR POWER SUPPLY TESTER INV 1151453 STATIONARY SHELLS FOOD/CONSUMABLES ELECTRICAL SUPPLIES ADVERTISING - SR2S ADVERTISING -VEHICLE AUCT PUB ANNUAL INSPECTION CDBG/CRISIS INTERVENTION FY0809 WELD REPAIR TO DAMAGED SWEEPER PRE- EMP PHYSICAUFIT FOR DUTY UPS SHIPMENT REIMB - BLINDS FOR PD MUNICIPAL POOL CHEMICALS SUBSCRIPTION SUBSCRIPTION CASA DE SALUD/KIMBALL SENIORS CLUB 50 ICE PACK, ECONOMY, SMALL (ZEE) RETIREE HEALTH BENEFITS AUG 2009 GO BONDS PAYMENT - NC LIBRARY Start Date End Date 7/29/2009 8/4/2009 3/3 CHK NO DATE AMOUNT 228437 8/4/09 2,000.00 228438 8/4/09 150-00 228439 8/4/09 45.00 228440 8/4/09 561,632.60 228441 8/4/09 190.00 228442 8/4/09 2,378-35 228443 8/4/09 370.34 228444 8/4/09 400.00 228445 8/4/09 310.00 228446 8/4/09 2,754.73 228447 8/4/09 140.00 228448 8/4/09 675-80 228449 8/4/09 2,422.99 8/4/09 35,502.45 8/4/09 300.00 8/4/09 4,097.00 228453 8/4/09 574.40 228454 8/4/09 2,031.87 228455 8/4/09 3,153.01 228456 8/4/09 4,764.88 228457 8/4/09 586.76 228458 8/4/09 912.25 228459 8/4/09 39.38 228460 8/4/09 400.00 228461 8/4/09 8,000.00 228462 8/4/09 450.00 228463 8/4/09 385.00 228464 8/4/09 18.58 228465 8/4/09 53.80 228466 8/4/09 832.59 228467 8/4/09 867.68 228468 8/4/09 761.20 228469 8/4/09 60.23 228470 8/4/09 176.13 228471 8/4/09 150.00 A/P Total 7/30/09 929,652.31 279,613.75 4,254.41 GRAND TOTAL $ 1,213,520.47 Cr, uv INCORPORATED Warrant Register #5 8/4/2009 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 166 NUTRITION 212 PERSONNEL COMPENSATION FUND 259 LIBRARY BONDS DEBT SERVICE FUND 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 502 SECTION 8 FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 597,298.87 2,017.09 31,568.48 13,438.33 6,469.53 279,613.75 8,373.00 21, 597.00 652.80 4,750.43 28,356.53 138,034.64 14,691.49 38,420.78 5,018.70 652.28 3,996.37 11,122.53 108.61 7,339.26 1,213,520.47 City of National City, California COUNCIL AGENDA STATEMENT ETING DATiept 1, 2009 23 AGENDA ITEM NO. ITEM TITLE Warrant Register #6 for the period of 08/05/09 through 08/11/09 in the Amount of $2,052,602.12 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Financ Jeanette 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 08/05/09 through 08/11/09. EXT. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor ABC Construction L.B. Civil Construction Health Net Kaiser SDG&E Tristar Risk Management Payroll Check# 228472 228480 228516 228526 228565 228586 Various Amount 81,734.48 103,951.48 71,615.37 137,537.20 67,201.69 50,107.50 1,216,596.75 Explanation Retention -Highland Bay Marina -Widening Emp Health Ins. Emp Health Ins. Utilities Worker's Comp PPE 07/27/09 Special Payroll Environmental Review N/A MIS Approval Financial Statement Not applicable. Approved B ance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $2,052,602.12 BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register#6 A-200 (Rev. 7/03) 1/3 1 PAYEE ABC CONSTRUCTION CO., INC. BUSTAMANTE & ASSOC DESROCHERS EQUIFAX INFORMATION SVCS FLORES SIERRA CONTRACTORS, INC GE CAPITAL HdL COREN & CONE HUSK PARTNERS L.B. CIVIL CONSTRUCTION SANDAG 3T EQUIPMENT COMPANY, INC. AIR PURIFICATION SYSTEMS AMERICAN ROTARY BROOM CO., INC ARCO GASPRO PLUS ARELLANO BOOT WORLD BOYS & GIRLS CLUB BROADWAY AUTO ELECTRIC ROWN MARKETING STRATEGIES APF CALIFORNIA BAKING CO. CALIFORNIA ELECTRIC SUPPLY CALIFORNIA LAW ENFORCEMENT CARQUEST AUTO PARTS CHRISTIANSEN AMUSEMENTS COMPUTER PROTECTION TECH.,INC COOPER'S PLUMBING & HEATING DALLA DAPPER TIRE COMPANY DELL MARKETING CORP DELTA DENTAL DELTACARE (PMI) DEPARTMENT OF TRANSPORTATION DOKKEN ENGINEERING DREW FORD DUMAS FEDEX FERGUSON ENTERPRISES, INC FERNANDO FRANCO GEORGE H WATERS GORMSEN APPLIANCE CO GRAINGER ) SUPPLY EALTH NET HEALTH NET HEALTH NET HONEYWELL INC. g. �. INCpgpOR.ATRD WARRANT REGISTER # 6 8/11/2009 DESCRIPTION RETENTION HIGHLAND AVE SPEC 08-8 CONSULTING SVC FOR JUNE 2009 RETIREMENT BENEFIT - AUG 2009 CREDIT BACKGROUND CHECK FOR S8 DEMOLITION OF 1820 G AVE EQUIPMENT RENTAL CAFR SERVICES CONSULTING SVCS - AUG 2009 JUNE 2009 SERVICES ASSESSMENTS -MEMBER AGENCY CABLE, TEST PLUG ASSEMBLY PARTS SWEEPER REPAIRS FUEL FOR CITY FLEET DIRECT DEPOSIT FOR PAYDAY 08/05/09 SAFETY BOOTS (FACILITIES) DONATION FOR NC BRANCH PYMNT #2 AUTOMOBILE PARTS RETAINER COST FOR EVENTS FIRE/LTD AUG 2009 BREAD PRODUCTS ELECTRICAL SUPPLIES PD/LTD AUG 2009 AUTO PARTS REFUND-4TH OF JULY SECURITY BOND PREVENTATIVE MAINTENANCE BACKFLOW TESTING LEAGUE LUNCHEON -EXEC MEETING TIRES FOR CITY FLEET REPLACEMENT LAPTOP HARD DRIVES DENTAL INS AUG 2009 DENTAL INS PMI AUG 2009 HIGHWAY LIGHTING JUNE 2009 SERVICES AUTO PARTS REFUND LIFE INSURANCE PAYMENT MAIL SPECIAL HANDLING CHGS-FINANCE PLUMBING MATERIAL TRAVEL EXP SNIPER TRAINING CLASS REIMB-DOUBLE PAYMENT ON DOG LICENSE 228511 NEIGHBORHOOD COUNCIL BREAKFAST APPLIANCE PURCHASES FOR BLDGS BUILDING MATERIAL PLUMBING MATERIAL HEALTH INS H0067A AUG 2009 HEALTH INS AUG 2009 57135J HEALTH -FULL NETWORK 57135A MECHANICAL MAINTENANCE CHK NO DATE AMOUNT 228472 8/11/09 81,734.48 228473 8/11/09 18,000.00 228474 8/11/09 110.00 228475 8/11/09 50.00 228476 8/11/09 2,374.33 228477 8/11/09 210.43 228478 8/11/09 495.00 228479 8/11/09 7,500.00 228480 8/11/09 103,951.48 228481 8/11/09 9,750.00 228482 8/11/09 180.38 228483 8/11/09 603.85 228484 8/11/09 419.88 228485 8/11/09 25,756.32 228486 8/11/09 372.69 228487 8/11/09 875.00 228488 8/11/09 10,000.00 228489 8/11/09 554.23 228490 8/11/09 2,500.00 228491 8/11/09 688.00 228492 8/11/09 144.00 228493 8/11/09 902.84 228494 8/11/09 1,735.50 228495 8/11/09 12.79 228496 8/11/09 2,500.00 228497 8/11/09 3,553.00 228498 8/11/09 70.00 228499 8/11/09 50.00 228500 8/11/09 1,805.19 228501 8/11/09 227.88 228502 8/11/09 14,546.68 228503 8/11/09 3,497.49 228504 8/11/09 3,446.60 228505 8/11/09 18,513.34 228506 8/11/09 474.37 228507 8/11/09 44.40 228508 8/11/09 61.14 228509 8/11/09 683.87 228510 8/11/09 615.85 8/11/09 30.50 228512 8/11/09 1,125.00 228513 8/11/09 148.96 228514 8/11/09 852.11 228515 8/11/09 133.68 228516 8/11/09 71,615.37 228517 8/11/09 1,092.24 228518 8/11/09 11,811.30 228519 8/11/09 2,077.30 ! 2/3 PAYEE HUNTER'S NURSERY INC. HYDRO-SCAPE PRODUCTS INC. IKON OFFICE SOLUTIONS/IOS JC TOWING JOHN DEERE LANDSCAPES JUDD ELECTRIC KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KEYSER MARSTON ASSOC KHOA VINHPHUK NGUYEN L N CURTIS & SONS LOPEZ MAINTEX, INC. MALDONADO MANPOWER OF SAN DIEGO MASON'S SAW & LAWNMOWER SRVC MATTHEW BENDER & CO INC MAYER HOFFMAN MCCANN P C MCGUIRE DISTRIBUTION MEYERS/NAVE MISSION UNIFORM SERVICE MONTGOMERY KONE, INC. MUNICIPAL CODE CORPORATION N C CHAMBER OF COMMERCE NAPA AUTO PARTS NATIONAL CITY CAR WASH NATIONAL CITY TROPHY NIXON EGLI EQUIPMENT CO. PACIFIC AUTO REPAIR PBS&J PERRY FORD POST PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RELIANCE STANDARD ROJAS ROUNDS RUSS' BEE REMOVAL S & S WORLDWIDE GAMES SAM'S ALIGNMENT SAN DIEGO COMPUTER CONSULTING SAN DIEGO COUNTY RECORDER SAN DIEGO HYDRAULICS SASI SD BMW MOTORCYCLES SDG&E SKS INC. SMART & FINAL -* CALIFORNIA • INCORPORATED ITT WARRANT REGISTER # 6 8/11/2009 DESCRIPTION HORTICULTURAL ITEMS FOR PARKS RISER, COUPLING, PVC PIPES COPIER EQUIP LEASE PAYMENTS TOWING CHARGES PLANTING MATERIALS FOR PARKS CITY-WIDE ELECTRICAL REPAIRS KAISER INS ACTIVE AUG 2009 KAISER RET INS AUG 2009 ECONOMIC CONSULTING SVCS REFUND - PC DUPLICATE PAYMENT PGI COBRA ULTRA CLASSIC TRANSLATION SVCS - 08/04/09 MISC JANITORIAL SUPPLIES CITY REQUIRED LICENSE REIMB SERVICES WEEK ENDING 7/26/09 PMC3 100R CA - DEER DESKTOP HB CIVIL RULES SECOND BILLING -ANNUAL AUDIT MILK PRODUCTS CONSULT/MOU NEGOTIATIONS LAUNDRY SERVICES REPAIRS/MAINTENANCE MUN CODE JUL'09 SUPPLEMENT#25 53RD ANNUAL SALUTE -NAVY LUNCH PARTS AND SUPPLIES CAR WASHES FOR CITY FLEET NAMEPLATES FOR BUILDINGS STREET SWEEPER PARTS SMOG CERTIFICATION & REPAIRS PROVIDE WASTEWATER FINANCIAL SVCS R&M CITY VEHICLES RETIREE HEALTH BENEFITS AUG 2009 UNIFORMS - PARKS SERVICE PERIOD 08-09-3 VTL AUG 2009 REIMB - CIVIL SVC HEARING SUBSISTENCE & MILEAGE:CLASS 266 BEE REMOVAL FROM CITY PROPERTY SUPPLIES R&M CITY VEHICLES SERVER SVC'S ON NC DATA CENTER RECORDING FEES R&M CITY VEHICLES PROCESSING CHGS 08/01/09-10/31/09 R&M CITY VEHICLES FACILITIES, STREET & WASTEWATER DIV'S CHV RANDO HD ISO HYD 32 BULK STORE SUPPLIES - HR CHK NO DATE AMOUNT 228520 8/11/09 142.68 228521 8/11109 505.31 228522 8/11/09 19,119.57 228523 8/11/09 49.00 228524 8/11/09 986.90 228525 8/11/09 2,375.00 228526 8/11/09 137,537.20 228527 8/11/09 7,036.88 228528 8/11/09 5,927.57 228529 8/11/09 35.00 228530 8/11/09 1,327.98 228531 8/11/09 140.00 228532 8/11/09 11,021.83 228533 8/11/09 25.00 228534 8/11/09 1,836.80 228535 8/11/09 564.66 228536 8/11/09 19.76 228537 8/11/09 11,000.00 228538 8/11/09 348.50 228539 8/11/09 5,170.00 228540 8/11/09 61.66 228541 8/11/09 3,464.07 228542 8/11/09 700.82 228543 8/11/09 100.00 228544 8/11/09 170.18 228545 8/11/09 380.00 228546 8/11/09 102.89 228547 8/11/09 2,030.94 228548 8/11/09 1,550.10 228549 8/11/09 18,138.94 228550 8/11/09 1,248.50 228551 8/11/09 280.00 228552 8/11/09 287.04 228553 8/11/09 36,706.40 228554 8/11/09 2,264.74 228555 8/11/09 81.19 228556 8/11/09 419.58 228557 8/11/09 475.00 228558 8/11/09 1,137.87 228559 8/11/09 138.73 228560 8/11/09 435-00 228561 8/11/09 99.00 228562 8/11/09 156.88 228563 8/11/09 243.00 228564 8/11/09 1,654.50 228565 8/11/09 67201.69 228566 8/11/09 440.34 228567 8/11/09 44.00 PAYEE SOUTH BAY WINDOW & GLASS CO SOUTHERN CALIF TRUCK STOP SOUTHWEST SIGNAL SERVICE, INC. STAPLES ADVANTAGE STRATACOM SWEETWATER AUTHORITY SYSCO SAN DIEGO TARULLI TIRE SAN DIEGO INC TETRA TECH ISG #1 TETRA TECH ISG #1 TETRA TECH ISG #1 TETRA TECH ISG #1 THE LIGHTHOUSE, INC. THE LINCOLN NATIONAL LIFE INS. THE SAN DIEGO UNION TRIBUNE TOM MOYNAHAN TOOL DEPOT TOPECO PRODUCTS ;ISTAR RISK MANAGEMENT _J MOBILE ENGINEERING U S BANK CORPORATE PAYMT SYS U S HEALTHWORKS UNDERGROUND SERV ALERT UNION TRIBUNE PUBLISHING CO UNION -TRIBUNE PUB. CO. WATERLINE TECHNOLOGIES WESTFLEX INDUSTRIAL SECTION 8 HAPS PAYMENTS PAYROLL Pay period 16 Special Payroll Start Date 7/14/2009 8/6/2009 - INCORPORATED WARRANT REGISTER # 6 8/11/2009 DESCRIPTION LABOR/INSTALL GLASS ULTRA LOW SULFUR TRAFFIC SIGNAL & STREET LIGHTING OFFICE SUPPLIES BUSINESS CARDS DEVELOP SVC'S WASTEWATER DIVISION FOOD/CONSUMABLES RETREAD TIRES DEPOSIT #1288 18TH & G AVE DEPOSIT#1294 15TH AND HARDING DEPOSIT #1288 18TH & G AVE DEPOSIT #1294 15TH & HARDING ELECTRICAL SUPPLIES LIFE & AD&D STD LTD AUG 2009 LEGAL NOTICES ADVERTISING -CC TOWING CHARGES PARTS/LABOR MISC SUPPLIES WORKERS COMP REPLENISHMENT LABOR AND PARTS CREDIT CARD EXP - PD PRE -EMPLOYMENT PHYSICALS - CDC UNDERGROUND SVC ALERT CHGS REQ FOR QUALIF & LANDSCAPE PUBLICATION FOR PLANNING MUNICIPAL POOL CHEMICALS HYDRAULIC HOSE Start Date 8/5/2009 End Date 7/27/2009 8/6/2009 End Date 8/11/2009 Check Date 8/5/2009 8/6/2009 3/3 CHK NO DATE AMOUNT 228568 8/11/09 41.46 228569 8/11/09 102.78 228570 8/11/09 7,264.67 228571 8/11/09 138.38 228572 8/11/09 35.12 228573 8/11/09 173.80 228574 8/11/09 1,702.16 228575 8/11/09 340.25 228576 8/11/09 1,003.92 228577 8/11/09 623.92 228578 8/11/09 623.92 228579 8/11/09 597.83 228580 8/11/09 63.97 228581 8/11/09 9,815.45 228582 8/11/09 1,424.00 228583 8/11/09 56.00 228584 8/11/09 61.45 228585 8/11/09 40.59 228586 8/11/09 50,107.50 228587 8/11/09 212.19 228588 8/11/09 131.69 228589 8/11/09 100.00 228590 8/11/09 214.50 228591 8/11/09 145.50 228592 8/11/09 512.00 228593 8/11/09 2,482.22 228594 8/11/09 85.90 A/P Total 831,181.34 4,824.03 1,042,076.54 174,520.21 GRAND TOTAL S 2,052,602.12 ,ram CALIFO.NIA -� u V �i INCORponATE Warrant Register # 6 8/11/2009 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 159 GENERAL PLAN UPDATE RESERVE 166 NUTRITION 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 191 STOP PROJECT 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 246 WINGS GRANT 290 POLICE DEPT GRANTS 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 312 STP LOCAL/TRANSNET HIGHWAY 320 LIBRARY GRANTS 345 TRAFFIC CONGESTION RELIEF 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 727 BUILDING AND SAFETY T & A DEPOSITS 1,145, 892.10 29,884.39 24,670.31 1,313.11 673.34 37,234.24 3,176.58 1,223.84 2,253.60 1,361.36 14,023.17 1,768.80 1,224.34 6,394.86 1,747.43 1,148.23 159, 704.81 3,994.64 2,092.08 960.04 1,677.81 8,945.50 16,314.72 6,281.59 595.20 25,997.84 625.26 33.00 292,466.84 3,855.27 80,386.93 53,911.00 22,047.27 2,983.80 3,988.00 1,463.93 28,074.03 48,536.86 8,326.41 2,849.59 2,500.00 2,052,602.12 City of National City, California COUNCIL AGENDA STATEMENT ..1EETING DATE September 1, 2009 AGENDA ITEM NO. 24 iEM TITLE PUBLIC HEARING TO CONSIDER THE EXTENSION OF AN INTERIM ORDINANCE ADOPTE PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE ENACTING A MORATORIUM PROHIBITING ESTABLISHMENTS DISPENSING MARIJUANA FOR MEDICAL PURPOSES IN NATIONAL CITY PREPARED BY George H. Eiser, III pi( DEPARTMENT City Attorney (Ext. 4221) EXPLANATION At the July 21, 2009 City Council meeting, the City Council enacted Ordinance No. 2009-2321, an urgency interim ordinance imposing a 45 day moratorium prohibiting establishments dispensing marijuana for medical purposes in the City. As directed in Ordinance No. 2009-2321, the Planning Commission considered the subject at their meeting of August 17, 2009. At this meeting, the Commission directed the City staff to proceed with further studies and return with a recommendation. The Government Code provides that an urgency moratorium ordinance expires 45 days after its effective date. Accordingly, Ordinance No. 2009-2321 will expire on September 4, 2009. The Government Code also provides that after a public hearing; an urgency moratorium ordinance may be extended by 10 months and 15 days. This public hearing will satisfy the requirements of the Government Code. Lastly, the Government Code requires that prior to expiration of the interim Ordinance, the City Council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. A report meeting these requirements was submitted to the City Council at the August 18, 2009 Council meeting. At that time, the Council adopted a resolution "Approving and Authorizing Issuance of a Written Report Pertaining to a Moratorium Ordinance Prohibiting Establishments Dispensing Marijuana for Medical Purposes in National City." An urgency ordinance to extend the moratorium by 10 months and 15 days is a companion item on this agenda. Environmental Review '1 N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Hold public hearing. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Please refer to list of attachments. A-200 (9/99) ATTACHMENTS: A. City Attorney's memorandum of July 14, 2009 to the Mayor and City Council B. Chief Gonzalez' memorandum to City Attorney dated July 13, 2009 C. Ordinance No. 2009-2321, enacted July 21, 2009. An Interim Ordinance of the City Council of the City of National City Adopted Pursuant to Government Code Section 65858 as an Urgency Measure To Take Effect Immediately, Enacting a Moratorium Prohibiting Establishments Dispensing Marijuana for Medical Purposes in National City D. Staff Report for Planning Commission meeting of August 17, 2009 E. Attorney General's August 2008 Guidelines for the Security and Non -Diversion of Marijuana Grown for Medical Use F. Resolution No. 2009-202, adopted August 18, 2009. Resolution of the City Council of the City of National City Approving and Authorizing Issuance of a Written Report Pertaining to a Moratorium Ordinance Prohibiting Establishments Dispensing Marijuana for Medical Purposes in National City, with Report attached as Exhibit "A" G. Los Angeles Times article of June 28, 2009; Transcript of NPR Morning Edition program of June 30, 2009; Contra Costa Times article of June 30, 2009; Associated Press wire story of June 24, 2009 H. Notice of Public Hearing I. An Interim Ordinance of the City Council of the City of National City Adopted Pursuant to Government Code Section 65858 as an Urgency Measure Extending for 10 Months and 15 Days a Moratorium Prohibiting Establishments Dispensing Marijuana for Medical Purposes in National City (Proposed) ATTACHMENT A Mayor Ron Morrison Council Members Frank Parra PJejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate N Office of the City Attorney City Attorney George H. Eiser, 111 Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette TO: Mayor and City Council DATE: July 14, 2009 FROM: City Attorney SUBJECT: Interim Ordinance to Adopt as an Urgency Measure a Moratorium Prohibiting Establishments Dispensing Marijuana for Medical Purposes The Compassionate Use Act of 1996 At the November, 1996 statewide election, the voters approved Proposition 215, which added Section 11362.5 to the California Health and Safety Code, known as the Compassionate Use Act of 1996 (the "Act"). Section 11362.5 states the purposes of the Act as follows: • To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief. • To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction. • To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need for marijuana. The Act decriminalizes marijuana for medical purposes with the following language: • Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Mayor and City Council July 14, 2009 Page Two • Section 11357, relating to the possession of marijuana, and Section 11358, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician. The Act gave rise to a new type of land use that could not have existed lawfully prior to the Act - the medical marijuana dispensary. Chief of Police Adolfo Gonzales has expressed the firm opposition of the Police Department to establishments dispensing medical marijuana. Chief Gonzales cites research conducted by the Police Department through the Drug Enforcement Administration, from which it was determined that marijuana is a dangerous, addictive drug that poses significant health threats to users; marijuana has no medical value that can't be met more effectively by legal drugs; marijuana users are far more likely to use other drugs like cocaine and heroin than non - marijuana users; and drug legalizers use "medical marijuana" as red herring in effort to advocate broader legalization of drug use. (See attached memorandum dated July 13, 2009 from Chief of Police Adolfo Gonzales). Currently, no medical marijuana dispensaries exist in the City. Additionally, no land use regulations exist which clearly apply to such establishments. Because of the relative newness of this land use, there is concern among City staff as to the effects such establishments would have on the community. For example, there are questions as to the effects of this land use upon the CDC's redevelopment activities, the primary purpose of which is to eliminate blight. Further, there are concerns regarding the potential for this land use being in conflict with pending redevelopment projects, and with proposed zoning, . specific plan, and General Plan goals. Lastly, before any consideration is given to regulating or prohibiting medical marijuana dispensaries in the community, it would be prudent to gather information regarding the effects such establishments have had on other communities. It is to allow the study and consideration of these issues that enactment of an interim ordinance, approving a moratorium which would prohibit medical marijuana dispensaries, is being recommended. It is also recommended that the ordinance be enacted as an urgency measure, to take effect immediately. Statutory Authority for Interim Ordinance Section 65858 of the California Government Code authorizes a city, in order to protect the public health, safety and welfare, and without following the procedures otherwise required prior to the adoption of a zoning ordinance, to adopt as an urgency measure to take effect immediately an interim ordinance prohibiting any uses which Mayor and City Council July 14, 2009 Page Three may be in conflict with a contemplated general plan, specific plan, or zoning proposal which the city intends to study within a reasonable time. The initial period that the interim ordinance remains in effect is 45 days. After a public hearing, the interim ordinance may be extended for additional periods of 10 months and 15 days, and subsequently, for one year. A four -fifths vote of the Council is required to pass the ordinance in each case. Enactment of an urgency interim ordinance prohibiting establishments dispensing marijuana for medical purposes, in order to allow consideration of the City's options for regulation in this area, is recommended. 2Er GEORGE I . EISER, III City Attorney GHE/mpa ATTACHMENT B NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: July 13, 2009 TO: George Eiser, City Attorney FROM: Adolfo Gonzales, Chief of Police SUBJECT: Medicinal marijuana outlets in the City of National City The National City. Police Department would like to respectfully express their opposition on opening or allowing medical marijuana outlets to operate within the boundaries of the City of National City. We concur with current DEA policy and findings from the Institute of Medicine's research and opinion that marijuana has no legitimate medical application in addition to being a "gateway" drug to other highly addictive drugs like cocaine and heroin than non -marijuana users. Per the DEA and the Institute of Medicine, any determination of a drug's valid medical use must be based on the best available science undertaken by medical professionals. The Institute of Medicine conducted a comprehensive study in 1999 to assess the potential health benefits of marijuana and its constituent cannabinoids. The study concluded that smoking marijuana is not recommended for the treatment of any disease condition. In addition, there are more effective medications currently available. For those reasons, the "Institute of Medicine" concluded that there is little future in smoked marijuana as a medically approved medication. From a humanitarian aspect, the City not allowing infirm patients the access to medical marijuana, the DEA has shown as a result of such research, a synthetic THC drug, Marinol, has been available to the public since 1985. The Food and Drug Administration has determined that Marinol is safe, effective, and has therapeutic benefits for use as a treatment for nausea and vomiting associated with cancer chemotherapy, and as a treatment of weight loss in patients with AIDS. However, it does not produce the harmful health effects associated with smoking marijuana. Per the Drug Enforcement Administration (DEA), marijuana is a gateway drug most harmful consequences is its role in leading to the use of other illegal drugs like heroin and cocaine. Long-term studies of students who use drugs show that very few young people use other illegal drugs without first trying marijuana. While not all people who use marijuana go on to use other drugs, using marijuana sometimes lowers inhibitions about drug use and exposes users to a culture that encourages use of other drugs. The risk of using cocaine has been estimated to be more than 104 times greater for those who have tried marijuana than for those who have never tried it. When considering the impact of opening medical marijuana outlets within the city, one must consider the impact the increased access will have on criminal activity. In a 1990 report, the National Transportation Safety Board studied 182 fatal truck accidents and found that just as many of the accidents were caused by drivers using marijuana as were caused by alcohol -- 12.5 percent in each case. Consider also that drug use, including marijuana, contributes to crime. A large percentage of those arrested for crimes test positive for marijuana. Nationwide, 40 percent of adult males tested positive for marijuana at the time of their arrest. It's also important to realize that the campaign to allow marijuana to be used as medicine is a tactical maneuver in an overall strategy to completely legalize all drugs. Pro - legalization groups have transformed the debate from decriminalizing drug use to one of compassion and care for people with serious diseases. The New York Times interviewed Ethan Nadelman, Director of the Lindesmith Center, in January 2000. Responding to criticism from former Drug Czar Barry McCaffrey that the medical marijuana issue is a stalking-horse for drug legalization, Mr. Nadelman did not contradict General McCaffrey. "Will it help lead toward marijuana legalization?" Mr. Nadelman said: "I hope so." Based on research conducted by the National City Police Department through the DEA, marijuana is a dangerous, addictive drug that poses significant health threats to users; marijuana has no medical value that can't be met more effectively by legal drugs; marijuana users are far more likely to use other drugs like cocaine and heroin than non - marijuana users and drug legalizers use "medical marijuana" as red herring in effort to advocate broader legalization of drug use. Therefore, the National City Police Department stands firmly against any "Medicinal Marijuana Outlets" and requests a moratorium be placed on further establishment of this type of business within the city limits of the City of National City. Dr. Adolfo Gonzales, Chief of Police National City Police Department ATTACHMENT C ORDINANCE NO. 2009 — 2321 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY, ENACTING A MORATORIUM PROHIBITING ESTABLISHMENTS DISPENSING MARIJUANA FOR MEDICAL PURPOSES IN NATIONAL CITY WHEREAS, National City, acting through its City Council functioning as the Board of the Community Development Commission ("CDC"), has been very proactive over the years in efforts to revitalize the City through redevelopment activities; and WHEREAS, the CDC Board has created a redevelopment project area of approximately 2,000 acres in the community; and WHEREAS, in addition to various projects within the redevelopment project area, the CDC Board has submitted land use and specific plan proposals for approval by the City, including proposals affecting the Downtown Project in the vicinity of 8th Street and National City Boulevard, and that portion of the City which is west of National City Boulevard; and WHEREAS, the City is engaged in the initial stages of amending the General Plan; and WHEREAS, a common element of the zoning, General Plan, and specific plan proposals is the encouragement of projects within specified areas which would promote a certain atmosphere of cohesiveness and harmony of land uses within those areas; and WHEREAS, as a result of the enactment of Health and Safety Code Section 11362.5, known as the Compassionate Use Act of 1996, inquiries have recently been made to City staff concerning the location in the City of establishments dispensing marijuana for medical purposes; and WHEREAS, there is concern by the City council that such establishments may conflict with the contemplated redevelopment, zoning, General Plan, and specific plan proposals described hereinabove and which the City will be considering in the future; and WHEREAS, research conducted by the National City Police Department through the DEA, concludes that marijuana is a dangerous, addictive drug that poses significant health threats to users; marijuana has no medical value that can't be met more effectively by legal drugs; marijuana users are far more likely to use other drugs like cocaine and heroin than non - marijuana users; and drug legalizers use "medical marijuana" as a red herring in an effort to advocate broader legalization of drug use; and WHEREAS, the National City Police Department stands firmly against the location of medical marijuana establishments in the City, a position expressed by Dr. Adolfo Gonzalez, Chief of Police; and Ordinance No. 2009 — Page 2 WHEREAS, the City Council finds it necessary and appropriate to study and consider the effects of establishments dispensing marijuana for medical purposes, for example, to gather information as to the effect such establishments have had upon other communities; and WHEREAS, existing land use controls do not adequately address the potential adverse effects of the establishments dispensing marijuana for medical purposes in the community; and WHEREAS, the City Council finds that there is a current and immediate threat to the public health, safety and welfare of the location in the City of establishments dispensing marijuana for medical purposes, and that the issuance of building permits, certificates of occupancy and other entitlements for use by such establishments would result in a threat to the public health, safety and welfare; and WHEREAS, the City Council finds it essential to protect the health, safety and welfare of the citizens of the City of National City to enact a moratorium for a period of 45 days on the locating of, development, or approval of establishments dispensing marijuana for medical purposes; and WHEREAS, the City Council intends to adopt, after appropriate study, zoning measures that would apply throughout the City prohibiting or regulating establishments dispensing marijuana for medical purposes as soon as practicable, and directs the Planning Commission of this City to commence studies and procedures necessary for the adoption of such prohibitions or regulations. NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Section 1 For a period of 45 days from the effective date of this Ordinance, no building permit, certificate of occupancy, nor entitlement for use shall be issued for and no construction shall take place relating to an establishment dispensing marijuana for medical purposes, and no building permit, certificate of occupancy, nor entitlement for use shall be issued for and no construction shall take place relating to the location, development, or approval of any establishment dispensing marijuana for medical purposes. Section 2. The City Council hereby directs the Planning Commission to commence studies and procedures necessary for the adoption of measures prohibiting or regulating establishments dispensing marijuana for medical purposes. Section 3. This Ordinance is adopted as an urgency ordinance necessary for the immediate preservation of the public health, safety and welfare within the meaning of the Government Code and shall take effect immediately. Ordinance No. 2009 — Page 3 Section 4. If any portion of this Ordinance is found to be invalid, it is the intention of the City Council that the remaining valid provisions of the Ordinance be severed from the invalid provisions and remain in full force and effect. PASSED and ADOPTED this 21st day of July, 2009. Ron Morrison, Mayor ATTEST: /1 Mich: el R. Dalla, Ci Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ATTACHMENT D Title: CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 Item no. 4 August 17, 2009 PLANNING COMMISSION STAFF REPORT REPORT REGARDING INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65868 AS AN URGENCY MEASURE ENACTING A MORATORIUM PROHIBITING ESTABLISHMENTS DISPENSING MARIJUANA FOR MEDICAL PURPOSES IN NATIONAL CITY. Case File No.: 2009-14 A Staff report by: Peggy Chapin, Principal Planner Applicant: City Initiated Location: Citywide Environmental review: Exempt pursuant to California Environmental Quality Act CEQA) Section 16306, Class 6, Information Collection Background The City Council adopted Ordinance 2009-2321 on July 21, 2009 enacting a moratorium prohibiting establishments dispensing marijuana for medical purpose in National City. Prior to preparing an amendment to the land use code, the Council recommended that the Planning Commission commence studies and procedures necessary for the adoption of measures prohibiting or regulating establishments dispensing marijuana for medical purposes. The purpose of this report is to request the Commission direct staff to explore the issues and commence studies and procedures necessary for the adoption of measures prohibiting or regulating establishments dispensing marijuana for medical purposes, and provide a report to the Commission of the results of the study with recommendations for consideration. Summary of Applicable Law Federal Controlled Substance Act: Under the Controlled Substances Act, enacted by Congress in 1970, marijuana is classified as a Schedule One controlled substance. This federal law makes it illegal to manufacture, distribute, dispense, or possess any controlled substance, including marijuana, in the United States. California Proposition 215: In 1996, the voters of the State of California approved Proposition 215, which was codified as Health and Safety Code Section 11362.5, et seq., and entitled "The Compassionate Use Act of 1996." The intent of Prop 215 was to ensure seriously ill individuals have the right to obtain and use marijuana for medical purposes when deemed appropriate and recommended by a physician. This voter initiative exempts patients and their primary caregivers from prosecution under state laws that otherwise prohibit the cultivation or possession of marijuana. The Act states the following: • To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use ids deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief. • To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation for a physician are not subject to criminal prosecution or sanction. • To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need for marijuana. California Senate Bill 420, Medical Marijuana Program (MMP): In 2003, the state legislature passed SB 420, which established the MMP (Health and Safety Code §11362.7 et seq). This legislation requires the California Department of Public Health establish and maintain a voluntary system for qualified patients and their caregivers to obtain identification cards. These cards insulate them from arrest for violations of state taw relating to possession of marijuana. In addition to the ID card program, the MMP also defines certain terms, sets possession guidelines for cardholders, and recognizes a qualified right to collective and cooperative cultivation of medical marijuana. Conflict between State and Federal Law: The incongruity between federal and California state law has understandably caused confusion. In 2008 Guidelines for the Security and Non - diversion of Marijuana Grown for Medical Use (attached for reference), the State Attorney General provided the following information on the subject: ...no legal conflict exists merely because state taw and federal law treat marijuana differently. Indeed, California's medical marijuana laws have been challenged unsuccessfully in court on the ground that they are preempted by the Controlled Substance Act (CSA). Congress has provided that states are free to regulate in the area of controlled substances, including marijuana, provided that state law does not positively conflict with the CSA. Neither Proposition 215, nor the MMP, conflict with the CSA because, in adopting these laws, California did not "legalize" medical marijuana, but instead exercised the state's reserved powers to not punish certain marijuana offenses under state law when a physician has recommended its use to treat a serious medical condition. The Attorney General provides specific guidelines regarding the manner in which marijuana may be disbursed to patients, "Collectives and Cooperatives." In summary, the Attorney General explains there is no legal basis to operate a for -profit retail storefront for the sale of marijuana. Instead, what the law supports is a group of patients and care -givers who collectively or cooperatively cultivate doctor -recommended marijuana. In setting forth the guidelines, the Attorney General details the manner in which collectives and cooperatives (as opposed to dispensaries or for -profit business entities can lawfully operate. The guidelines suggest that adherence to the following parameters would be consistent with state law: 1) non-profit operation; 2) business licenses, sales taxes, and seller's permits; 3) membership application and verification; 4) acquire, possess, and distribute marijuana only amongst constituent members of collective or cooperative; 5) prohibition of sales to non- members; 6) permissible reimbursements and allocations; 7) possession and cultivation guidelines; and 8) security. Current National City Land Use Code for Business Licenses As with any business operating within the City of National City, a medical marijuana dispensing facility must obtain a business license. At the time of application, the business license application would be forwarded to the Planning Division to determine if the use is an allowed use within the zone in which it is proposed. The City's Land Use Code, Chapter 18, does not list marijuana dispensing facilities as a lawful, permitted use. There are, however, other land uses which if broadly construed could possibly encompass a medical marijuana dispensing facility. The Council, by their action, indicated that the use as well as additional associated uses should be further investigated. The moratorium provides the City an opportunity to undertake such investigation and determine how it wishes to proceed, while barring the specific use in the interim. Upon completion of the study and recommendations by the Commission, an amendment would be brought to the Planning Commission and City Council for consideration and adoption. The City can choose to authorize or prohibit medical marijuana collectives through the enforcement of its Zoning Code and business license process. In order to allow a marijuana dispensing facility, the Land Use Code may be amended to recognize the use and any auxiliary type use, determine if it is an appropriate use for the city, and determine the appropriate zone and possible distance requirements from schools and parks. The City may choose to prohibit marijuana collectives. Current California law would still permit residents who are qualified patients or caregivers to grow and/or use medical marijuana in conformance with state law. Additionally, to bar marijuana dispensing facilities as a use, there may be amendments to the Land Use Code to make the prohibition abundantly clear. Regulations in Other California Cities: Recently, the cities of Oceanside, Escondido, Chula Vista, and the county of San Diego have enacted emergency ordinances (moratoriums) in order to further evaluate the appropriateness of the use and potential land use designations. Santee has an urgency ordinance scheduled for Council consideration. Other cities within the county, such as La Mesa, El Cajon, and Vista have taken the position such use is prohibited because that use is not specified as an allowed use. The City of San Diego, which has allowed such uses in the past, will be looking at the issue again. Other cities such as Oakland, San Francisco, Clovis, and West Hollywood have ordinance which allow the uses, but provide for specific restrictions and locations. Santa Barbara allows marijuana dispensaries but will be reevaluating their current ordinance to make the ordinance more enforceable. Environmental Review A report prepared to investigate and evaluate a future action of the City would be considered exempt pursuant to Section 15306, Class 6 Information Collection, of the California Environmental Quality Act. Class 6 consists of basic data collection, research, experimental management and resource evaluation activities that do not result in a serious or major disturbance to an environmental resource. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public action has not yet approved, adopted or funded. Recommendation 1. Direct staff to complete further investigation, commence studies and procedures necessary for the adoption of measures prohibiting or regulating establishments dispensing marijuana for medical purposes, and prepare a report to make recommendations regarding an amendment to the land use code related to facilities for the dispensing of medical marijuana; or, 2. Provide additional direction to staff and prepare a report to Council. Attachments 1. Ordinance 2009-2321 2. City Council Staff Report dated July 21, 2009 3. National City Police Department Memorandum dated July 13, 2009 4. Attomey General "Guidelines for the Security and Non -Diversion of Marijuana Grown for Medical Use", August 2008 ggy C PrincipM'Ptanner Director of Development Services Ma(vam Babaki ATTACHMENT E EDMUND G. BROWN JR. Attorney General DEPARTMENT OF JUSTICE State of California GUIDELINES FOR THE SECURITY AND NON -DIVERSION OF MARIJUANA GROWN FOR MEDICAL USE August 2008 In 1996, California voters approved an initiative that exempted certain patients and their primary caregivers from criminal liability under state law for the possession and cultivation of marijuana. In 2003, the Legislature enacted additional legislation relating to medical marijuana. One of those statutes requires the Attorney General to adopt "guidelines to ensure the security and nondiversion of marijuana grown for medical use." (Health & Saf. Code, § 11362.81(d).1) To fulfill this mandate, this Office is issuing the following guidelines to (1) ensure that marijuana grown for medical purposes remains secure and does not find its way to non -patients or illicit markets, (2) help law enforcement agencies perform their duties effectively and in accordance with California law, and (3) help patients and primary caregivers understand how they may cultivate, transport, possess, and use medical marijuana under California law. I. SUMMARY OF APPLICABLE LAW A. California Penal Provisions Relating to Marijuana. The possession, sale, cultivation, or transportation of marijuana is ordinarily a crime under California law. (See, e.g., § 11357 [possession of marijuana is a misdemeanor]; § 11358 [cultivation of marijuana is a felony]; Veh. Code, § 23222 [possession of less than 1 oz. of marijuana while driving is a misdemeanor]; § 11359 [possession with intent to sell any amount of marijuana is a felony]; § 11360 [transporting, selling, or giving away marijuana in California is a felony; under 28.5 grams is a misdemeanor]; § 11361 [selling or distributing marijuana to minors, or using a minor to transport, sell, or give away marijuana, is a felony].) B. Proposition 215 - The Compassionate Use Act of 1996. On November 5, 1996, California voters passed Proposition 215, which decriminalized the cultivation and use of marijuana by seriously ill individuals upon a physician's recommendation. (§ 11362.5.) Proposition 215 was enacted to "ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana," and to "ensure that patients and their primary caregivers who obtain and use marijuana for Unless otherwise noted, all statutory references are to the Health & Safety Code. 1 medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction." (§ 11362.5(b)(1)(A)-(B).) The Act further states that "Section 11357, relating to the possession of marijuana, and Section 11358, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or verbal recommendation or approval of a physician." (§ 11362.5(d).) Courts have found an implied defense to the transportation of medical marijuana when the "quantity transported and the method, timing and distance of the transportation are reasonably related to the patient's current medical needs." (People v. Trippet (1997) 56 Ca1.App.4th 1532, 1551.) C. Senate Bill 420 - The Medical Marijuana Program Act. On January 1, 2004, Senate Bill 420, the Medical Marijuana Program Act (MMP), became law. (§§ 11362.7-11362.83.) The MMP, among other things, requires the California Department of Public Health (DPH) to establish and maintain a program for the voluntary registration of qualified medical marijuana patients and their primary caregivers through a statewide identification card system. Medical marijuana identification cards are intended to help law enforcement officers identify and verify that cardholders are able to cultivate, possess, and transport certain amounts of marijuana without being subject to arrest under specific conditions. (§§ 11362.71(e), 11362.78.) It is mandatory that all counties participate in the identification card program by (a) providing applications upon request to individuals seeking to join the identification card program; (b) processing completed applications; (c) maintaining certain records; (d) following state implementation protocols; and (e) issuing DPH identification cards to approved applicants and designated primary caregivers. (§ 11362.71(b).) Participation by patients and primary caregivers in the identification card program is voluntary. However, because identification cards offer the holder protection from arrest, are issued only after verification of the cardholder's status as a qualified patient or primary caregiver, and are immediately verifiable online or via telephone, they represent one of the best ways to ensure the security and non -diversion of marijuana grown for medical use. In addition to establishing the identification card program, the MMP also defines certain terms, sets possession guidelines for cardholders, and recognizes a qualified right to collective and cooperative cultivation of medical marijuana. (§§ 11362.7, 11362.77, 11362.775.) D. Taxability of Medical Marijuana Transactions. In February 2007, the California State Board of Equalization (BOE) issued a Special Notice confirming its policy of taxing medical marijuana transactions, as well as its requirement that businesses engaging in such transactions hold a Seller's Permit. (http://www.boe.ca.gov/news/pdf/medseller2007.pdf.) According to the Notice, having a Seller's Permit does not allow individuals to make unlawful sales, but instead merely provides a way to remit any sales and use taxes due. BOE further clarified its policy in a 2 June 2007 Special Notice that addressed several frequently asked questions concerning taxation of medical marijuana transactions. (http://www.boe.ca.gov/news/pdf/173.pdf.) E. Medical Board of California. The Medical Board of California licenses, investigates, and disciplines California physicians. (Bus. & Prof. Code, § 2000, et seq.) Although state law prohibits punishing a physician simply for recommending marijuana for treatment of a serious medical condition (§ 11362.5(c)), the Medical Board can and does take disciplinary action against physicians who fail to comply with accepted medical standards when recommending marijuana. In a May 13, 2004 press release, the Medical Board clarified that these accepted standards are the same ones that a reasonable and prudent physician would follow when recommending or approving any medication. They include the following: 1. Taking a history and conducting a good faith examination of the patient; 2. Developing a treatment plan with objectives; 3. Providing informed consent, including discussion of side effects; 4. Periodically reviewing the treatment's efficacy; 5. Consultations, as necessary; and 6. Keeping proper records supporting the decision to recommend the use of medical marijuana. (http://www. mbc.ca. gov/board/media/releases_2004_05-13_marijuana.html.) Complaints about physicians should be addressed to the Medical Board (1-800-633-2322 or www.mbc.ca.gov), which investigates and prosecutes alleged licensing violations in conjunction with the Attomey General's Office. F. The Federal Controlled Substances Act. Adopted in 1970, the Controlled Substances Act (CSA) established a federal regulatory system designed to combat recreational drug abuse by making it unlawful to manufacture, distribute, dispense, or possess any controlled substance. (21 U.S.C. § 801, et seq.; Gonzales v. Oregon (2006) 546 U.S. 243, 271-273.) The CSA reflects the federal government's view that marijuana is a drug with "no currently accepted medical use." (21 U.S.C. § 812(b)(1).) Accordingly, the manufacture, distribution, or possession of marijuana is a federal criminal offense. (Id. at §§ 841(a)(1), 844(a).) The incongruity between federal and state law has given rise to understandable confusion, but no legal conflict exists merely because state law and federal law treat marijuana differently. Indeed, California's medical marijuana laws have been challenged unsuccessfully in court on the ground that they are preempted by the CSA. (County of San Diego v. San Diego NORML (July 31, 2008) --- Cal.Rptr.3d ----, 2008 WL 2930117.) Congress has provided that states are free to regulate in the area of controlled substances, including marijuana, provided that state law does not positively conflict with the CSA. (21 U.S.C. § 903.) Neither Proposition 215, nor the MMP, conflict with the CSA because, in adopting these laws, California did not "legalize" medical marijuana, but instead exercised the state's reserved powers to not punish certain marijuana offenses under state law when a 3 physician has recommended its use to treat a serious medical condition. (See City of Garden Grove v. Superior Court (Kha) (2007) 157 Cal.App.4th 355, 371-373, 381-382.) In light of California's decision to remove the use and cultivation of physician - recommended marijuana from the scope of the state's drug laws, this Office recommends that state and local law enforcement officers not arrest individuals or seize marijuana under federal law when the officer determines from the facts available that the cultivation, possession, or transportation is permitted under California's medical marijuana laws. II. DEFINITIONS A. Physician's Recommendation: Physicians may not prescribe marijuana because the federal Food and Drug Administration regulates prescription drugs and, under the CSA, marijuana is a Schedule I drug, meaning that it has no recognized medical use. Physicians may, however, lawfully issue a verbal or written recommendation under California law indicating that marijuana would be a beneficial treatment for a serious medical condition. (§ 11362.5(d); Conant v. Walters (9th Cir. 2002) 309 F.3d 629, 632.) B. Primary Caregiver: A primary caregiver is a person who is designated by a qualified patient and "has consistently assumed responsibility for the housing, health, or safety" of the patient. (§ 11362.5(e).) California courts have emphasized the consistency element of the patient -caregiver relationship. Although a "primary caregiver who consistently grows and supplies ... medicinal marijuana for a section 11362.5 patient is serving a health need of the patient," someone who merely maintains a source of marijuana does not automatically become the party "who has consistently assumed responsibility for the housing, health, or safety" of that purchaser. (People ex rel. Lungren v. Peron (1997) 59 Ca1.App.4th 1383, 1390, 1400.) A person may serve as primary caregiver to "more than one" patient, provided that the patients and caregiver all reside in the same city or county. (§ 11362.7(d)(2).) Primary caregivers also may receive certain compensation for their services. (§ 11362.765(c) ["A primary caregiver who receives compensation for actual expenses, including reasonable compensation incurred for services provided ... to enable [a patient] to use marijuana under this article, or for payment for out-of-pocket expenses incurred in providing those services, or both, ... shall not, on the sole basis of that fact, be subject to prosecution" for possessing or transporting marijuana].) C. Qualified Patient: A qualified patient is a person whose physician has recommended the use of marijuana to treat a serious illness, including cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief. (§ 11362.5(b)(1)(A).) D. Recommending Physician: A recommending physician is a person who (1) possesses a license in good standing to practice medicine in California; (2) has taken responsibility for some aspect of the medical care, treatment, diagnosis, counseling, or referral of a patient; and (3) has complied with accepted medical standards (as described by the Medical Board of California in its May 13, 2004 press release) that a reasonable and prudent physician would follow when recommending or approving medical marijuana for the treatment of his or her patient. 4 III. GUIDELINES REGARDING INDIVIDUAL QUALIFIED PATIENTS AND PRIMARY CAREGIVERS A. State Law Compliance Guidelines. 1. Physician Recommendation: Patients must have a written or verbal recommendation for medical marijuana from a licensed physician. (§ 11362.5(d).) 2. State of California Medical Marijuana Identification Card: Under the MMP, qualified patients and their primary caregivers may voluntarily apply for a card issued by DPH identifying them as a person who is authorized to use, possess, or transport marijuana grown for medical purposes. To help law enforcement officers verify the cardholder's identity, each card bears a unique identification number, and a verification database is available online (www.calmmp.ca.gov). In addition, the cards contain the name of the county health department that approved the application, a 24-hour verification telephone number, and an expiration date. (§§ 11362.71(a); 11362.735(a)(3)-(4); 11362.745.) 3. Proof of Qualified Patient Status: Although verbal recommendations are technically permitted under Proposition 215, patients should obtain and carry written proof of their physician recommendations to help them avoid arrest. A state identification card is the best form of proof, because it is easily verifiable and provides immunity from arrest if certain conditions are met (see section m.B.4, below). The next best forms of proof are a city- or county -issued patient identification card, or a written recommendation from a physician. 4. Possession Guidelines: a) MMP•2 Qualified patients and primary caregivers who possess a state - issued identification card may possess 8 oz. of dried marijuana, and may maintain no more than 6 mature or 12 immature plants per qualified patient. (§ 11362.77(a).) But, if "a qualified patient or primary caregiver has a doctor's recommendation that this quantity does not meet the qualified patient's medical needs, the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient's needs." (§ 11362.77(b).) Only the dried mature processed flowers or buds of the female cannabis plant should be considered when determining allowable quantities of medical marijuana for purposes of the MMP. (§ 11362.77(d).) b) Local Possession Guidelines: Counties and cities may adopt regulations that allow qualified patients or primary caregivers to possess 2 On May 22, 2008, California's Second District Court of Appeal severed Health & Safety Code § 11362.77 from the MMP on the ground that the statute's possession guidelines were an unconstitutional amendment of Proposition 215, which does not quantify the marijuana a patient may possess. (See People v. Kelly (2008) 163 Cai.App.4th 124, 77 Ca1.Rptr.3d 390.) The Third District Court of Appeal recently reached a similar conclusion in People v. Phomphakdy (July 31, 2008) --- Cal.Rptr.3d ----, 2008 WL 2931369. The California Supreme Court has granted review in Kelly and the Attorney General intends to seek review in Phomphakdy. 5 medical marijuana in amounts that exceed the MMP's possession guidelines. (§ 11362.77(c).) c) Proposition 215: Qualified patients claiming protection under Proposition 215 may possess an amount of marijuana that is "reasonably related to [their] current medical needs." (People v. Trippet (1997) 56 Cal.App.4th 1532, 1549.) B. Enforcement Guidelines. 1. Location of Use: Medical marijuana may not be smoked (a) where smoking is prohibited by law, (b) at or within 1000 feet of a school, recreation center, or youth center (unless the medical use occurs within a residence), (c) on a school bus, or (d) in a moving motor vehicle or boat. (§ 11362.79.) 2. Use of Medical Marijuana in the Workplace or at Correctional Facilities: The medical use of marijuana need not be accommodated in the workplace, during work hours, or at any jail, correctional facility, or other penal institution. (§ 11362.785(a); Ross v. RagingWire Telecomms., Inc. (2008) 42 Ca1.4th 920, 933 [under the Fair Employment and Housing Act, an employer may terminate an employee who tests positive for marijuana use].) 3. Criminal Defendants, Probationers, and Parolees: Criminal defendants and probationers may request court approval to use medical marijuana while they are released on bail or probation. The court's decision and reasoning must be stated on the record and in the minutes of the court. Likewise, parolees who are eligible to use medical marijuana may request that they be allowed to continue such use during the period of parole. The written conditions of parole must reflect whether the request was granted or denied. (§ 11362.795.) 4. State of California Medical Marijuana Identification Cardholders: When a person invokes the protections of Proposition 215 or the MMP and he or she possesses a state medical marijuana identification card, officers should: a) Review the identification card and verify its validity either by calling the telephone number printed on the card, or by accessing DPH's card verification website (http://www.calmmp.ca.gov); and b) If the card is valid and not being used fraudulently, there are no other indicia of illegal activity (weapons, illicit drugs, or excessive amounts of cash), and the person is within the state or local possession guidelines, the individual should be released and the marijuana should not be seized. Under the MMP, "no person or designated primary caregiver in possession of a valid state medical marijuana identification card shall be subject to arrest for possession, transportation, delivery, or cultivation of medical marijuana." (§ 11362.71(e).) Further, a "state or local law enforcement agency or officer shall not refuse to accept an identification card issued by the department unless the state or local law enforcement agency or officer 6 has reasonable cause to believe that the information contained in the card is false or fraudulent, or the card is being used fraudulently." (§ 11362.78.) 5. Non -Cardholders: When a person claims protection under Proposition 215 or the MMP and only has a locally -issued (i.e., non -state) patient identification card, or a written (or verbal) recommendation from a licensed physician, officers should use their sound professional judgment to assess the validity of the person's medical -use claim: a) Officers need not abandon their search or investigation. The standard search and seizure rules apply to the enforcement of marijuana -related violations. Reasonable suspicion is required for detention, while probable cause is required for search, seizure, and arrest. b) Officers should review any written documentation for validity. It may contain the physician's name, telephone number, address, and license number. c) If the officer reasonably believes that the medical -use claim is valid based upon the totality of the circumstances (including the quantity of marijuana, packaging for sale, the presence of weapons, illicit drugs, or large amounts of cash), and the person is within the state or local possession guidelines or has an amount consistent with their current medical needs, the person should be released and the marijuana should not be seized. d) Alternatively, if the officer has probable cause to doubt the validity of a person's medical marijuana claim based upon the facts and circumstances, the person may be arrested and the marijuana may be seized. It will then be up to the person to establish his or her medical marijuana defense in court. e) Officers are not obligated to accept a person's claim of having a verbal physician's recommendation that cannot be readily verified with the physician at the time of detention. 6. Exceeding Possession Guidelines: If a person has what appears to be valid medical marijuana documentation, but exceeds the applicable possession guidelines identified above, all marijuana may be seized. 7. Return of Seized Medical Marijuana: If a person whose marijuana is seized by law enforcement successfully establishes a medical marijuana defense in court, or the case is not prosecuted, he or she may file a motion for return of the marijuana. If a court grants the motion and orders the return of marijuana seized incident to an arrest, the individual or entity subject to the order must return the property. State law enforcement officers who handle controlled substances in the course of their official duties are immune from liability under the CSA. (21 U.S.C. § 885(d).) Once the marijuana is returned, federal authorities are free to exercise jurisdiction over it. (21 U.S.C. §§ 812(c)(10), 844(a); City of Garden Grove v. Superior Court (Kha) (2007) 157 Ca1.App.4th 355, 369, 386, 391.) 7 IV. GUIDELINES REGARDING COLLECTIVES AND COOPERATIVES Under California law, medical marijuana patients and primary caregivers may "associate within the State of California in order collectively or cooperatively to cultivate marijuana for medical purposes." (§ 11362.775.) The following guidelines are meant to apply to qualified patients and primary caregivers who come together to collectively or cooperatively cultivate physician -recommended marijuana. A. Business Forms: Any group that is collectively or cooperatively cultivating and distributing marijuana for medical purposes should be organized and operated in a manner that ensures the security of the crop and safeguards against diversion for non -medical purposes. The following are guidelines to help cooperatives and collectives operate within the law, and to help law enforcement determine whether they are doing so. 1. Statutory Cooperatives: A cooperative must file articles of incorporation with the state and conduct its business for the mutual benefit of its members. (Corp. Code, § 12201, 12300.) No business may call itself a "cooperative" (or "co- op") unless it is properly organized and registered as such a corporation under the Corporations or Food and Agricultural Code. (Id. at § 12311(b).) Cooperative corporations are "democratically controlled and are not organized to make a profit for themselves, as such, or for their members, as such, but primarily for their members as patrons." (Id. at § 12201.) The earnings and savings of the business must be used for the general welfare of its members or equitably distributed to members in the form of cash, property, credits, or services. (Ibid.) Cooperatives must follow strict rules on organization, articles, elections, and distribution of earnings, and must report individual transactions from individual members each year. (See id. at § 12200, et seq.) Agricultural cooperatives are likewise nonprofit corporate entities "since they are not organized to make profit for themselves, as such, or for their members, as such, but only for their members as producers." (Food & Agric. Code, § 54033.) Agricultural cooperatives share many characteristics with consumer cooperatives. (See, e.g., id. at § 54002, et seq.) Cooperatives should not purchase marijuana from, or sell to, non-members; instead, they should only provide a means for facilitating or coordinating transactions between members. 2. Collectives: California law does not define collectives, but the dictionary defines them as "a business, farm, etc., jointly owned and operated by the members of a group." (Random House Unabridged Dictionary; Random House, Inc. © 2006.) Applying this definition, a collective should be an organization that merely facilitates the collaborative efforts of patient and caregiver members — including the allocation of costs and revenues. As such, a collective is not a statutory entity, but as a practical matter it might have to organize as some form of business to carry out its activities. The collective should not purchase marijuana from, or sell to, non-members; instead, it should only provide a means for facilitating or coordinating transactions between members. 8 B. Guidelines for the Lawful Operation of a Cooperative or Collective: Collectives and cooperatives should be organized with sufficient structure to ensure security, non -diversion of marijuana to illicit markets, and compliance with all state and local laws. The following are some suggested guidelines and practices for operating collective growing operations to help ensure lawful operation. 1. Non -Profit Operation: Nothing in Proposition 215 or the MMP authorizes collectives, cooperatives, or individuals to profit from the sale or distribution of marijuana. (See, e.g., § 11362.765(a) ["nothing in this section shall authorize... any individual or group to cultivate or distribute marijuana for profit" j. 2. Business Licenses, Sales Tax, and Seller's Permits: The State Board of Equalization has determined that medical marijuana transactions are subject to sales tax, regardless of whether the individual or group makes a profit, and those engaging in transactions involving medical marijuana must obtain a Seller's Permit. Some cities and counties also require dispensing collectives and cooperatives to obtain business licenses. 3. Membership Application and Verification: When a patient or primary caregiver wishes to join a collective or cooperative, the group can help prevent the diversion of marijuana for non -medical use by having potential members complete a written membership application. The following application guidelines should be followed to help ensure that marijuana grown for medical use is not diverted to illicit markets: a) Verify the individual's status as a qualified patient or primary caregiver. Unless he or she has a valid state medical marijuana identification card, this should involve personal contact with the recommending physician (or his or her agent), verification of the physician's identity, as well as his or her state licensing status. Verification of primary caregiver status should include contact with the qualified patient, as well as validation of the patient's recommendation. Copies should be made of the physician's recommendation or identification card, if any; b) Have the individual agree not to distribute marijuana to non-members; c) Have the individual agree not to use the marijuana for other than medical purposes; d) Maintain membership records on -site or have them reasonably available; e) Track when members' medical marijuana recommendation and/or identification cards expire; and f) Enforce conditions of membership by excluding members whose identification card or physician recommendation are invalid or have expired, or who are caught diverting marijuana for non -medical use. 9 4. Collectives Should Acquire, Possess, and Distribute Only Lawfully Cultivated Marijuana: Collectives and cooperatives should acquire marijuana only from their constituent members, because only marijuana grown by a qualified patient or his or her primary caregiver may lawfully be transported by, or distributed to, other members of a collective or cooperative. (§§ 11362.765, 11362.775.) The collective or cooperative may then allocate it to other members of the group. Nothing allows marijuana to be purchased from outside the collective or cooperative for distribution to its members. Instead, the cycle should be a closed- circuit of marijuana cultivation and consumption with no purchases or sales to or from non-members. To help prevent diversion of medical marijuana to non- medical markets, collectives and cooperatives should document each member's contribution of labor, resources, or money to the enterprise. They also should track and record the source of their marijuana. 5. Distribution and Sales to Non -Members are Prohibited: State law allows primary caregivers to be reimbursed for certain services (including marijuana cultivation), but nothing allows individuals or groups to sell or distribute marijuana to non-members. Accordingly, a collective or cooperative may not distribute medical marijuana to any person who is not a member in good standing of the organization. A dispensing collective or cooperative may credit its members for marijuana they provide to the collective, which it may then allocate to other members. (§ 11362.765(c).) Members also may reimburse the collective or cooperative for marijuana that has been allocated to them. Any monetary reimbursement that members provide to the collective or cooperative should only be an amount necessary to cover overhead costs and operating expenses. 6. Permissible Reimbursements and Allocations: Marijuana grown at a collective or cooperative for medical purposes may be: a) Provided free to qualified patients and primary caregivers who are members of the collective or cooperative; b) Provided in exchange for services rendered to the entity; c) Allocated based on fees that are reasonably calculated to cover overhead costs and operating expenses; or d) Any combination of the above. 7. Possession and Cultivation Guidelines: If a person is acting as primary caregiver to more than one patient under section 11362.7(d)(2), he or she may aggregate the possession and cultivation limits for each patient. For example, applying the MMP's basic possession guidelines, if a caregiver is responsible for three patients, he or she may possess up to 24 oz. of marijuana (8 oz. per patient) and may grow 18 mature or 36 immature plants. Similarly, collectives and cooperatives may cultivate and transport marijuana in aggregate amounts tied to its membership numbers. Any patient or primary caregiver exceeding individual possession guidelines should have supporting records readily available when: a) Operating a location for cultivation; b) Transporting the group's medical marijuana; and c) Operating a location for distribution to members of the collective or cooperative. 10 8. Security: Collectives and cooperatives should provide adequate security to ensure that patients are safe and that the surrounding homes or businesses are not negatively impacted by nuisance activity such as loitering or crime. Further, to maintain security, prevent fraud, and deter robberies, collectives and cooperatives should keep accurate records and follow accepted cash handling practices, including regular bank runs and cash drops, and maintain a general ledger of cash transactions. C. Enforcement Guidelines: Depending upon the facts and circumstances, deviations from the guidelines outlined above, or other indicia that marijuana is not for medical use, may give rise to probable cause for arrest and seizure. The following are additional guidelines to help identify medical marijuana collectives and cooperatives that are operating outside of state law. 1. Storefront Dispensaries: Although medical marijuana "dispensaries" have been operating in California for years, dispensaries, as such, are not recognized under the law. As noted above, the only recognized group entities are cooperatives and collectives. (§ 11362.775.) It is the opinion of this Office that a properly organized and operated collective or cooperative that dispenses medical marijuana through a storefront may be lawful under California law, but that dispensaries that do not substantially comply with the guidelines set forth in sections IV(A) and (B), above, are likely operating outside the protections of Proposition 215 and the MMP, and that the individuals operating such entities may be subject to arrest and criminal prosecution under California law. For example, dispensaries that merely require patients to complete a form summarily designating the business owner as their primary caregiver — and then offering marijuana in exchange for cash "donations" — are likely unlawful. (Peron, supra, 59 Cal.AppAth at p. 1400 [cannabis club owner was not the primary caregiver to thousands of patients where he did not consistently assume responsibility for their housing, health, or safety].) 2. Indicia of Unlawful Operation: When investigating collectives or cooperatives, law enforcement officers should be alert for signs of mass production or illegal sales, including (a) excessive amounts of marijuana, (b) excessive amounts of cash, (c) failure to follow local and state laws applicable to similar businesses, such as maintenance of any required licenses and payment of any required taxes, including sales taxes,.(d) weapons, (e) illicit drugs, (f) purchases from, or sales or distribution to, non-members, or (g) distribution outside of California. 11 ATTACHMENT F RESOLUTION NO. 2009 - 202 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING ISSUANCE OF A WRITTEN REPORT PERTAINING TO A MORATORIUM ORDINANCE PROHIBITING ESTABLISHMENTS DISPENSING MARIJUANA FOR MEDICAL PURPOSES IN NATIONAL CITY WHEREAS, at the City Council meeting of July 21, 2009, the Council enacted Ordinance No. 2009-2321, "An Interim Ordinance of the City Council of the City of National City Adopted Pursuant to Government Code Section 65858 as an Urgency Measure to Take Effect Immediately, Enacting a Moratorium Prohibiting Establishments Dispensing Marijuana for Medical Purposes in National City"; and WHEREAS, Section 2 of Ordinance No. 2009-2321 directed the Planning Commission to commence studies and procedures necessary for the adoption of measures prohibiting or regulating establishments dispensing marijuana for medical purposes; and WHEREAS, the Planning Commission considered the matter of their meeting of August 17, 2009, at which time the Commission directed staff to complete further investigation to commence studies and procedures necessary for the adoption of measures prohibiting or regulating establishments dispensing marijuana for medical purposes, and to prepare a report making recommendations regarding an amendment to the Land Use Code relating to such establishments; and WHEREAS, the moratorium enacted pursuant to Ordinance No. 2009- 2321 will expire on September 4, 2009, subject to extension by action of the City Council; and WHEREAS, Section 65858(d) of the Government Code provides that 10 days prior to the expiration of the interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance; and WHEREAS, a Report satisfying the requirements of Government Code Section 65858(d) is attached hereto as Exhibit "A" and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby finds and determines that the Report attached hereto as Exhibit "A" satisfies the requirements of Government Code Section 65858(d), and hereby approves and authorizes issuance of said Report. Resolution No. 2009 — 202 August 18, 2009 Page 2 PASSED and ADOPTED this 18th day of August, 2009. n Morrison, Mayor ATTEST: c ael R. Dalla Mi , City Clerk APPROVED AS TO FORM: George H.'Eiser, III City Attorney t?eport (Government Code Section 65858 (d)) Since the City Council's adoption of the urgency moratorium ordinance on July 21, 2009 (Ordinance No. 2009-2321), the City has taken the following actions to alleviate the condition which led to the adoption of the ordinance: Review of Current Land Use Code; Business Licenses Applications: As with any business operating within the City of National City, a medical marijuana dispensing facility must obtain a business license. At the time of application, the business license application would be forwarded to the Planning Division to determine if the use is an allowed use within the zone in which it is proposed. The City's Land Use Code, Chapter 18, does not list marijuana dispensing facilities as a lawful, permitted use. There are, however, other land uses which if broadly construed could possibly encompass a medical marijuana dispensing facility. The Council, in enacting Ordinance No. 2009-2321, indicated that this use as well as additional associated uses should be further investigated. The moratorium provides the City an opportunity to undertake such investigation and determine how it wishes to proceed, while barring the specific use in the interim. 2. Inventoried Existing Medical Marijuana Dispensaries: The City's Finance Department researched business license records and determined that there currently are no medical marijuana dispensaries within the City. 3. Review of Inquiries/Pending Permit Applications: Although the Planning Division has received inquiries regarding establishment of medical marijuana facilities in the city, no permits or formal license applications have been submitted. Planning Commission Review: Ordinance 2009-2321 directs the Planning Commission to commence studies and procedures necessary to consider regulations prohibiting or regulating medical marijuana dispensaries. This subject has been placed on the August 17, 2009 Planning Commission agenda. It is anticipated that after the Commission has considered the matter, they will direct staff to thoroughly explore the issues and upon conclusion of these studies, submit a report with recommendations to the Commission. An oral report on the Planning Commission's action will be presented at the August 18 City Council meeting. Summary Upon completion of the study and recommendations by the Commission, an amendment would be brought to the Planning Commission and City Council for consideration and adoption. The City may choose to authorize or prohibit medical marijuana collectives through the enforcement of its Zoning Code and business license process. In order to allow a marijuana dispensing facility, the Land Use Code may be amended to recognize the use and any auxiliary type use, determine if it is an appropriate use for the City, and determine the appropriate zone and possible distance requirements from schools and parks. To prohibit marijuana dispensing facilities as a use, amendments to the Land Use Code would likely be recommended to make the prohibition abundantly clear. Exhibit A ATTACHMENT G Page 1 Los Angeles Times June 28, 2009 Sunday Home Edition L.A. is trying to weed out pot sellers; Hundreds are selling medical marijuana in the city. The council is looking for a way to reduce the number. BYLINE: John Hoeffel SECTION: MAIN NEWS; Metro Desk; Part A; Pg. 39 LENGTH: 1071 words A city inspector dropped by the Bulldog Cafe Collective on Melrose Avenue last week to see if it was still in business. It was. Inside the spare, modern interior, dusky green marijuana buds were still displayed in plastic jars. An owner who is often at the store tweezed whimsically named strains into small vi- als for customers. The store near Hancock Park is among the first 14 medical marijuana dispensa- ries targeted for extinction by a City Council chagrined that it allowed hun- dreds to open in Los Angeles despite a 21-month-old moratorium. The inspections start the process to shut them down. At least one, in Atwater Village, has already closed. But others remain open, weighing their legal op- tions. City officials plan to decide this week on the next enforcement step. On Monday, the council will accelerate its drive to roll back the number of dispensaries, holding hearings on 29 more. "We were trying to factor in a sig- nificant number so that we can make some headway," said Councilman Ed Reyes, the chairman of the planning committee. "I thought we were going too slow." As the council embarks on this effort, it faces some obstacles. The task is herculean, requiring hearings that could easily tie up the plan- ning committee for hundreds of hours. The hearings have been rocky, as council members have struggled with complicated issues and dispensary operators have complained that they were being railroaded. And, if dispensaries refuse to buckle, the city could face costly court battles. One of the Bulldog Cafe's owners, Anthony Folsom, said the rush to close dis- pensaries would hurt responsible businessmen and Los Angeles. "The city seems to be caving to political pressure," he said. "People who are in it for the right reason are going to get out, and what they are going to be left with is drug dealers." Page 2 L.A. is trying to weed out pot sellers; Hundreds are selling medical marijuana in the city. The council is looking for a way to reduce the number. Los Angeles Times June 28, 2009 Sunday The council wound up in this situation because it failed to act on dispensa- ries' applications for hardship exemptions from the moratorium. That inaction, which lasted almost 17 months, encouraged dispensaries to open; the city attor- ney's office had decided it could not take dispensaries to court until the coun- cil denied their applications. In the last few months, applications poured in. On June 9, when the council voted to stop accepting them, there were about 550. The decision did not become effective until Tuesday. By then, the total had hit 863. "That's a huge number," Reyes said. "Thank God we stopped it." The moratorium does not spell out what qualifies a dispensary for a hardship exemption, and the city attorney's office has advised the council only that its decisions must be fair and rational. That vague advice led Councilman Richard Alarcon to warn recently that the city could find itself snarled in lawsuits. "This is a very dangerous road we're going down," he said. "It's going to cost us a ton of money." Reyes has held just two hearings so far, on the Bulldog Cafe and New Age Wellness, a dispensary that has not yet opened in Venice. They were marked by awkward moments. Council aides presented some inaccurate and unverified informa- tion, and Reyes tried to silence the dispensaries' attorneys when they responded to it. At one point, Stewart Richlin, the attorney for New Age Wellness, leaped up and cried out, "I'd like to challenge that. That's hearsay within hearsay." He. kept interrupting until he made his point, which turned out to be correct. Richlin and medical marijuana advocates were disturbed that Reyes allowed most speakers just one minute. "Gee, why should they give a full minute?" Richlin said recently. "What if they gave 10 seconds or two seconds? Then you could give your name, and they could say, 'Guilty, death sentence.' I mean this is a kangaroo court.' " Reyes made no apologies for the procedures. "It's not a debate. It's a hear- ing," he said. "If it was a debate, I would never finish an item." The council's decision to reject the applications from the Bulldog Cafe and New Age Wellness suggests it is unlikely to grant many exemptions. The Bulldog Cafe, which originally opened in North Hollywood, was one of 186 dispensaries that met all of the city's requirements to operate during the mora- torium. But its owners say they were forced to move by their landlord, who re- ceived a letter from the Drug Enforcement Administration that threatened the landlord with felony charges. The move required them to get a hardship exemption from the City Council to be allowed to open in a different location. "This, I think, is the classic hardship case," said Thomas J. Gray, the Bull- dog Cafe's attorney. Many of the city's legal dispensaries, possibly more than 50, filed similar applications when their landlords evicted them after receiving DEA letters. The council appears disinclined to give the letters much weight. That dismays medical marijuana advocates who believe these dispensaries fol- lowed the rules. "I don't understand why the city is going to be hostile with them," said Dege Coutee, who runs the Patient Advocacy Network. Page 3 L.A. is trying to weed out pot sellers; Hundreds are selling medical marijuana in the city. The council is looking for a way to reduce the number. Los Angeles Times June 28, 2009 Sunday In denying the Bulldog Cafe's application, Reyes noted that the store had moved into the same block as the John C. Fremont library, calling that "an over- whelming factor." Cindy Chvatal, head of the Hancock Park Homeowners Assn., said many parents whose children use the library and a nearby preschool have complained to her about the dispensary's location. The city has not adopted an ordinance to control dispensaries and has no re- strictions on where they can operate. But, Reyes said, "we have enough common sense to know what we want and don't want." The council is considering a proposal to keep them 1,000 feet from libraries and other places children frequent. New Age Wellness claimed as its hardship that it could not open before the moratorium because of uncertainty caused by federal raids and confusion over the city's proposed rules. Its owners also said they are veteran healthcare professionals. They said that they worked with city officials to plan their store on Rose Avenue so it would comply with any future ordinance and that they have spent at least $108,000. "We have a lot at stake to lose," said Curt Moore, one of the owners. But its location also sparked concerns. Neighbors were already irritated by a nearby dispensary. Whitney Blumenfeld, an aide to Councilman Bill Rosendahl, whose district in- cludes Venice, urged the council to reject the "build it first and ask for for- giveness later" approach. john.hoeffel@latimes.com LOAD -DATE: June 28, 2009 LANGUAGE: ENGLISH GRAPHIC: PHOTO: COLLECTION: Fanciful names grace containers of medical marijuana at a dispensary on Glendale Boulevard in Atwater Village. The store is one of three in a single block. PHOTOGRAPHER:Lawrence K. Ho Los Angeles Times PHOTO: 'PRESSURE': One of the Bulldog Cafe's owners, Anthony Folsom, said responsible businesses would be hurt. PHOTOGRAPHER:Mel Melcon Los Angeles Times GRAPHIC: MAP: Medical marijuana CREDIT:DOUG STEVENS Los Angeles Times DOCUMENT -TYPE: Infographic PUBLICATION -TYPE: Newspaper Copyright 2009 Los Angeles Times All Rights Reserved Page 1 National Public Radio (NPR) June 30, 2009 Tuesday SHOW: Morning Edition 11:00 PM EST NPR Marijuana Vendors Lobby To Pay Higher Taxes LENGTH: 744 words DAVID GREENE, host: This is MORNING EDITION from NPR News. Good morning. I'm David Greene, sit- ting in for Steve Inskeep. RENEE MONTAGNE, host: And I'm Renee Montagne. Oakland, California is short on cash, and it's thinking it might find a pot of gold in pot. The city is about to decide whether to impose a huge new in- crease on the tax it imposes on shops that sell medical marijuana. What's sur- prising is that the people who sell medical marijuana say higher taxes may actu- ally help their business. NPR's Richard Gonzales reports. RICHARD GONZALES: In a downtown Oakland coffee shop, rock music welcomes a steady flow of customers seeking a quick jolt of java. Anyone with a doctor's note can buy something more relaxing. How about an eighth ounce of high-grade medical marijuana? That's 40 bucks for the cannabis, and $4 in sales tax. For Richard Lee, the owner of this pot club, the sales tax is just the price of doing business. Mr. RICHARD LEE (Owner, Medical Marijuana Dispensary): My business pays $300,000 a year in sales tax, plus another half -million in payroll taxes, income taxes. So we estimate that all four dispensaries in Oakland pay over a million dollars a year in sales tax already. GONZALES: And now the city of Oakland wants a bigger cut of Lee's action. Right now, medical marijuana dispensaries pay a city tax of $1.20 for every $1,000 they take in. In July, voters will decide whether the dispensaries should pay even more - as much as $18 for every $1,000 in gross receipts. Lee and other dispensary owners not only support the proposed new taxes, they're also the ones who brought the idea to city officials in the first place. Mr. LEE: We're basically just trying to say that we're like other businesses, you know. We're here to pay taxes, create jobs and improve the community. GONZALES: Councilwoman Rebecca Kaplan says the new tax could generate upwards of a million dollars annually and would make Oakland the first city in the coun- try to directly tax medical marijuana. Councilwoman REBECCA KAPLAN (Oakland, California): You know, obviously, in these economic times, we're trying to find revenue everywhere we can. And so to Page 2 Marijuana Vendors Lobby To Pay Higher Taxes National Public Radio (NPR) June 30, 2009 Tuesday have someone stepping up and saying, you know, we're willing to pay more, it's a pretty beautiful thing. GONZALES: It's not the first time officials have looked to marijuana to fill their tax coffers. A bill to legalize and tax cannabis statewide has already been introduced in the California legislature. And state finance officials esti- mate that legalized pot could bring in about $1.5 billion in new taxes to the cash -strapped state. But opponents of medical marijuana aren't convinced. Calvina Fay is the ex- ecutive director of the Drug Free America Foundation. She says medical marijuana may be legal in California and 12 other states, but its sale is still a federal crime. Ms. CALVINA FAY (Executive Director, Drug Free America Foundation): I think it is one more step in creating the illusion that they're operating within the law, that what they're doing is okay. GONZALES: Other critics of the tax proposal say the medical marijuana indus- try is looking for more than legitimacy. Ron Brooks, the president of the Na- tional Narcotic Officers' Associations' Coalition, says the ultimate goal is the legalization of cannabis. Mr. RON BROOKS (President, National Narcotic Officers' Associations' Coali- tion): Their strategy has long been that they just can't go to the voters right now in today's environment and say, legalize marijuana. But they know that there is a growing movement that supports marijuana and, unfortunately, when you start to chip away at our national drug policy, you know, you begin to have people be- lieve that somehow this is safe. GONZALES: Brooks won't get much argument from dispensary owner Richard Lee. IIe says the Oakland tax proposal is written so broadly that it would cover any- one involved with growing and selling marijuana should it ever become legal. Mr. LEE: We see it as part of the overall picture of legalization, of chang- ing the attitudes toward cannabis, you know, that instead of seeing it as an un- derground thing that people do to get out of paying taxes, you know, we're try- ing to make it a regular part of the business of the city. GONZALES: A recent Field Poll shows for the first time, 56 percent of those surveyed in California support legalization of marijuana, and Governor Arnold Schwarzenegger says he's ready for an open debate on the idea. Richard Gonzales, NPR News, Oakland. LOAD -DATE: June 30, 2009 LANGUAGE: ENGLISH PUBLICATION -TYPE: Transcript Copyright 2009 National Public Radio (R) All Rights Reserved Page 1 Contra Costa Times (California) June 30, 2009 Tuesday Medical marijuana forum planned for San Lorenzo BYLINE: By Jason Sweeney The Daily Review SECTION: MY TOWN; Alameda; News; Local LENGTH: 424 words SAN LORENZO Local resident Brenda Carr thought an April 22 community forum on medical marijuana was informative. But she sensed that the audience wanted even more information, she said. So Carr has organized another forum, to be held 6 to 8 p.m. Thursday in the Community Center Auditorium, 377 Paseo Grande Panelists will discuss social, economic, political and legal issues related to the operation of marijuana dispensaries in unincorporated communities, Carr said. "This forum is not to promote the usage of medical marijuana," she said. "The objective is to build bridges by providing information to our elected officials, local law enforcement and community members. We want community members to come. Please bring tough questions." At the April forum, four Alameda County supervisors discussed proposed revi- sions to the county's medical marijuana ordinance and concerns surrounding medi- cal marijuana dispensaries in the unincorporated areas. "It's very understandable that people will have questions about dispensaries when they come into a community," said Dr. Amanda E. Reiman, an administrator and lecturer at the School of Social Welfare at UC Berkeley. Reiman, who researched marijuana dispensaries in San Francisco and Berkeley for her doctoral dissertation, will be one of the panelists at Thursday's forum. "One of my findings is that the clientele is going to reflect the composition of the community," she said. "I really want to open the dialogue as far as what some of the options are for a community like San Lorenzo and what kind of model works best." Carr, whose son operates a medical marijuana dispensary in San Mateo County, said San Lorenzo community members need to better understand medical marijuana and the public policy that regulates it. "I don't want pot clubs in my neighborhood," she said. "I want medical mari- juana clinics that provide a range of medical support services." Jason Sweeney covers San Lorenzo. Reach him at 510-293-2469 or jsweeney@bayareanewsgroup.com.If you're going Page 2 Medical marijuana forum planned for San Lorenzo Contra Costa Times (California) June 30, 2009 Tuesday What: Community forum on medical marijuana When: 6 to 8 p.m. Thursday Where: Community Center Auditorium, 377 Paseo Grande, San LorenzoPan- elists: James Anthony, of Harborside Management Associates, a medical marijuana consulting firm Becky DeKeuster, community liaison for Berkeley Patients Group and the Berkeley Medical Cannabis Commission Matt Kumin, a civil rights attorney George Pappas, field coordinator for Americans for Safe Access Dr. Amanda E. Reiman, administrator and lecturer at the School of Social Welfare at UC Berkeley LOAD -DATE: July 1, 2009 LANGUAGE: ENGLISH GRAPHIC: PUBLICATION -TYPE: Newspaper Copyright 2009 Contra Costa Newspapers All Rights Reserved Page 1 The Associated Press State & Local Wire June 24, 2009 Wednesday 2:04 PM GMT Santa Cruz imposes moratorium on pot dispensaries SECTION: STATE AND REGIONAL LENGTH: 135 words DATELINE: SANTA CRUZ Calif. There's a 45-day moratorium on new medical marijuana dispensaries in Santa Cruz, which has seen a surge of inquiries since the Obama administration said raids on pot dispensaries would cease. Assistant Planning Director Alex Khoury says callers from Washington, Oregon and California contact the city daily expressing interest in opening a marijuana dispensary. There are already several in the city. California law allows the shops to sell pot to patients with a prescription, but it's illegal under federal regulations. The moratorium approved Tuesday will give the city time to deal with the surge of requests and determine whether city regulations should be tightened. Dispensaries are currently limited to commercial or industrial areas. Information from: Santa Cruz Sentinel, http://www.santacruzsentinel.com LOAD -DATE: June 25, 2009 LANGUAGE: ENGLISH PUBLICATION -TYPE: Newswire Copyright 2009 Associated Press All Rights Reserved ATTACHMENT H SignOng,,. a `lea .com yr na■ U 1110 T1,150NM Account Number: Customer: get on it. l®c�lnews Uuton-eribunc. enlace.Iscimarketplace Order Confirmation Ad Number: Total Amount: $217.60 PO Number: Payment Method: Date Ordered: Payment Amount: $0.00 Orderer: Amount Due: $217.60 Order Status: Queue: Ad Size: Telephone: Columns: Inches: Sales Rep: Fax: Telephone: EMail: EMail: Product Zone Placement Position Start Date End Date Insertions Ad Content NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, September 1, 2009, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider: EXTENDING FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS THE PREVIOUSLY ADOPTED INTERIM ORDINANCE ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65868 AS AN URGENCY MEASURE ENACTING A MORATORIUM PROHIBITING ESTABLISHMENTS DISPENSING MARIJUANA FOR MEDICAL PURPOSES IN NATIONAL CITY. The City Council has issued a written report describing the measures taken to alleviate the conditions which led to the adoption of the Moratorium Ordinance. The full text of that report is available for viewing in the City Clerk's Office during normal business hours. Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council at, or prior to, the Public Hearing. Michael Della, City Clerk MQIIECE OF PUBLIC t#ili1NG NOTICI 13 NI MBY Coma orTheeCF1YofMim Printed: 8/18/2009 2:47 pm Page 1 of 2 350 CAMINO DE LA REINA, P. J. DUX 130191. 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L30X 120151, SAN DIEGO, CALIFORNIA 92112.0191 TELEPTIC )-299-3'. 31 marketplace Page 2 of 2 ATTACHMENT I ORDINANCE NO. 2009 — AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE EXTENDING FOR 10 MONTHS AND 15 DAYS A MORATORIUM PROHIBITING ESTABLISHMENTS DISPENSING MARIJUANA FOR MEDICAL PURPOSES IN NATIONAL CITY WHEREAS, National City, acting through its City Council functioning as the Board of the Community Development Commission ("CDC"), has been very proactive over the years in efforts to eliminate blight and revitalize the City through redevelopment activities; and WHEREAS, the CDC Board has created a redevelopment project area of approximately 2,000 acres in the community; and WHEREAS, in addition to various projects within the redevelopment project area, the CDC Board has submitted land use and specific plan proposals for approval by the City, including proposals affecting the Downtown Project in the vicinity of 8'h Street and National City Boulevard, and that portion of the City which is west of National City Boulevard; and WHEREAS, the City is engaged in the initial stages of amending the General Plan; and WHEREAS, a common element of the zoning, Redevelopment Plan, General Plan, and specific plan proposals is the encouragement of projects within specified areas which would promote a certain atmosphere of cohesiveness and harmony of land uses within those areas; and WHEREAS, as a result of the enactment of Health and Safety Code Section 11362.5, known as the Compassionate Use Act of 1996, inquiries have recently been made to City staff concerning the location in the City of establishments dispensing marijuana for medical purposes; and WHEREAS, there is concern by the City council that such establishments may conflict with the contemplated redevelopment, zoning, General Plan, and specific plan proposals described hereinabove and which the City will be considering in the future; and WHEREAS, research conducted by the National City Police Department through the DEA concludes that marijuana is a dangerous, addictive drug that poses significant health threats to users; marijuana has no medical value that can't be met more effectively by legal drugs; marijuana users are far more likely to use other drugs like cocaine and heroin than non - marijuana users; and proponents of legalizing marijuana use "medical marijuana" as a red herring in an effort to advocate broader legalization of drug use; and WHEREAS, the City Council has considered the recommendation of Dr. Adolfo Gonzales, Chief of Police, on behalf of the National City Police Department, which is firmly opposed to the location of medical marijuana establishments in the City; and WHEREAS, the City Council finds it necessary and appropriate to study and consider the effects of establishments dispensing marijuana for medical purposes, for example, Ordinance No. 2009 — Page 2 to gather information as to the effect such establishments have had upon other communities; and WHEREAS, the City Council finds that existing land use controls do not adequately address the potential adverse effects of establishments dispensing marijuana for medical purposes in the community; and WHEREAS, the City Council finds that there is a current and immediate threat to the public health, safety and welfare from the location in the City of establishments dispensing marijuana for medical purposes, and that the issuance of building permits, certificates of occupancy and other entitlements for use by such establishments would result in a threat to the public health, safety and welfare; and WHEREAS, at their regular public meeting held on July 21, 2009, the City Council adopted, as an urgency interim ordinance, Ordinance No. 2009-2321, enacting a moratorium for 45 days prohibiting establishments dispensing marijuana for medical purposes in the City; and WHEREAS, among other provisions, Ordinance No. 2009-2321 directed the Planning Commission to commence studies and procedures necessary for the adoption of measures prohibiting or regulating establishments dispensing marijuana for medical purposes; and WHEREAS, at their regular public meeting held on August 17, 2009, the Planning Commission considered the subject of medical marijuana dispensaries and directed City staff to proceed with further studies and return with a recommendation regarding such establishments; and WHEREAS, on August 18, 2009, the City Council adopted Resolution No. 2009 - 202, "Approving and Authorizing Issuance of a Written Report Pertaining to a Moratorium Ordinance Prohibiting Establishments Dispensing Marijuana for Medical Purposes in the City; and WHEREAS, on September 1, 2009, the City Council held a public hearing, at which time oral and documentary evidence was heard, to consider adopting an urgency ordinance to extend for an additional period of 10 months and 15 days the 45 day moratorium established by Ordinance No. 2009-2321; and WHEREAS, the City Council finds it essential to protect the health, safety and welfare of the citizens of the City of National City to extend for an additional period of 10 months and 15 days the moratorium established by Ordinance No. 2009-2321 prohibiting establishments dispensing marijuana for medical purposes in National City; and WHEREAS, the City Council intends to adopt, after appropriate study, zoning regulations governing or prohibiting establishments dispensing marijuana for medical purposes in National City as soon as practicable, and directs the staff to continue studies and procedures necessary for the adoption of such regulations or prohibitions. NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Ordinance No. 2009 — Page 3 Section 1. For a period of 10 months and 15 days from the effective date of this Ordinance, no building permit, certificate of occupancy, nor entitlement for use shall be issued for and no construction shall take place relating to any establishment dispensing marijuana for medical purposes in the City, and no building permit, certificate of occupancy, nor entitlement for use shall be issued for and no construction shall take place relating to the creation, development, or approval of any establishment dispensing marijuana for medical purposes in the City. Section 2. For purposes of this Ordinance, an "establishment dispensing marijuana for medical purposes" or "medical marijuana dispensary" shall mean a facility where marijuana is made available for medical purposes in accordance with Section 11362.5 of the California Health and Safety Code. "Marijuana" shall have the same meaning as the definition of that word in Section 11018 of the California Health and Safety Code. Section 3_ The City Council hereby directs the City Staff and Planning Commission to engage in studies and procedures necessary for the adoption of regulations governing or prohibiting establishments dispensing marijuana for medical purposes in the City. Section 4. This Ordinance is adopted as an urgency ordinance necessary for the immediate preservation of the public health, safety and welfare within the meaning of the Government Code and shall take effect immediately. Section 5. If any portion of this Ordinance is found to be invalid, it is the intention of the City Council that the remaining valid provisions of the Ordinance be severed from the invalid provisions and remain in full force and effect. PASSED and ADOPTED this 1st day of September, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney City of National City, California CITY COUNCIL AGENDA STATEMENT IEETING DATE September 1, 2009 AGENDA ITEM NO. 25 ITEM TITLE AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE EXTENDING FOR 10 MONTHS AND 15 DAYS A MORATORIUM PROHIBITING ESTABLISHMENTS DISPENSING MARIJUANA FOR MEDICAL PURPOSES IN NATIONAL CITY PREPARED BY George H. Eiser, 111 p" DEPARTMENT City Attorney (Ext. 4221) EXPLANATION Please See Explanation and Attachments to Companion Public Hearing Item. Environmental Review 4 N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Please see attachments to companion public hearing item. Ordinance. A-200 (9/99) ORDINANCE NO. 2009 — AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE EXTENDING FOR 10 MONTHS AND 15 DAYS A MORATORIUM PROHIBITING ESTABLISHMENTS DISPENSING MARIJUANA FOR MEDICAL PURPOSES IN NATIONAL CITY WHEREAS, National City, acting through its City Council functioning as the Board of the Community Development Commission ("CDC"), has been very proactive over the years in efforts to eliminate blight and revitalize the City through redevelopment activities; and WHEREAS, the CDC Board has created a redevelopment project area of approximately 2,000 acres in the community; and WHEREAS, in addition to various projects within the redevelopment project area, the CDC Board has submitted land use and specific plan proposals for approval by the City, including proposals affecting the Downtown Project in the vicinity of 8`" Street and National City Boulevard, and that portion of the City which is west of National City Boulevard; and WHEREAS, the City is engaged in the initial stages of amending the General Plan; and WHEREAS, a common element of the zoning, Redevelopment Plan, General Plan, and specific plan proposals is the encouragement of projects within specified areas which would promote a certain atmosphere of cohesiveness and harmony of land uses within those areas; and WHEREAS, as a result of the enactment of Health and Safety Code Section 11362.5, known as the Compassionate Use Act of 1996, inquiries have recently been made to City staff concerning the location in the City of establishments dispensing marijuana for medical purposes; and WHEREAS, there is concern by the City council that such establishments may conflict with the contemplated redevelopment, zoning, General Plan, and specific plan proposals described hereinabove and which the City will be considering in the future; and WHEREAS, research conducted by the National City Police Department through the DEA concludes that marijuana is a dangerous, addictive drug that poses significant health threats to users; marijuana has no medical value that can't be met more effectively by legal drugs; marijuana users are far more likely to use other drugs like cocaine and heroin than non - marijuana users; and proponents of legalizing marijuana use "medical marijuana" as a red herring in an effort to advocate broader legalization of drug use; and WHEREAS, the City Council has considered the recommendation of Dr. Adolfo Gonzales, Chief of Police, on behalf of the National City Police Department, which is firmly opposed to the location of medical marijuana establishments in the City; and WHEREAS, the City Council finds it necessary and appropriate to study and consider the effects of establishments dispensing marijuana for medical purposes, for example, Ordinance No. 2009 — Page 2 to gather information as to the effect such establishments have had upon other communities; and WHEREAS, the City Council finds that existing land use controls do not adequately address the potential adverse effects of establishments dispensing marijuana for medical purposes in the community; and WHEREAS, the City Council finds that there is a current and immediate threat to the public health, safety and welfare from the location in the City of establishments dispensing marijuana for medical purposes, and that the issuance of building permits, certificates of occupancy and other entitlements for use by such establishments would result in a threat to the public health, safety and welfare; and WHEREAS, at their regular public meeting held on July 21, 2009, the City Council adopted, as an urgency interim ordinance, Ordinance No. 2009-2321, enacting a moratorium for 45 days prohibiting establishments dispensing marijuana for medical purposes in the City; and WHEREAS, among other provisions, Ordinance No. 2009-2321 directed the Planning Commission to commence studies and procedures necessary for the adoption of measures prohibiting or regulating establishments dispensing marijuana for medical purposes; and WHEREAS, at their regular public meeting held on August 17, 2009, the Planning Commission considered the subject of medical marijuana dispensaries and directed City staff to proceed with further studies and return with a recommendation regarding such establishments; and WHEREAS, on August 18, 2009, the City Council adopted Resolution No. 2009 - 202, "Approving and Authorizing Issuance of a Written Report Pertaining to a Moratorium Ordinance Prohibiting Establishments Dispensing Marijuana for Medical Purposes in the City; and WHEREAS, on September 1, 2009, the City Council held a public hearing, at which time oral and documentary evidence was heard, to consider adopting an urgency ordinance to extend for an additional period of 10 months and 15 days the 45 day moratorium established by Ordinance No. 2009-2321; and WHEREAS, the City Council finds it essential to protect the health, safety and welfare of the citizens of the City of National City to extend for an additional period of 10 months and 15 days the moratorium established by Ordinance No. 2009-2321 prohibiting establishments dispensing marijuana for medical purposes in National City; and WHEREAS, the City Council intends to adopt, after appropriate study, zoning regulations governing or prohibiting establishments dispensing marijuana for medical purposes in National City as soon as practicable, and directs the staff to continue studies and procedures necessary for the adoption of such regulations or prohibitions. NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Ordinance No. 2009 — Page 3 Section 1. For a period of 10 months and 15 days from the effective date of this Ordinance, no building permit, certificate of occupancy, nor entitlement for use shall be issued for and no construction shall take place relating to any establishment dispensing marijuana for medical purposes in the City, and no building permit, certificate of occupancy, nor entitlement for use shall be issued for and no construction shall take place relating to the creation, development, or approval of any establishment dispensing marijuana for medical purposes in the City. Section 2. For purposes of this Ordinance, an "establishment dispensing marijuana for medical purposes" or "medical marijuana dispensary" shall mean a facility where marijuana is made available for medical purposes in accordance with Section 11362.5 of the California Health and Safety Code. "Marijuana" shall have the same meaning as the definition of that word in Section 11018 of the California Health and Safety Code. Section 3. The City Council hereby directs the City Staff and Planning Commission to engage in studies and procedures necessary for the adoption of regulations governing or prohibiting establishments dispensing marijuana for medical purposes in the City. Section 4. This Ordinance is adopted as an urgency ordinance necessary for the immediate preservation of the public health, safety and welfare within the meaning of the Government Code and shall take effect immediately. Section 5. If any portion of this Ordinance is found to be invalid, it is the intention of the City Council that the remaining valid provisions of the Ordinance be severed from the invalid provisions and remain in full force and effect. PASSED and ADOPTED this 1st day of September, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE September 1, 2009 AGENDA ITEM NO. 26 ITEM TITLE Request to Use the Martin Luther King, Jr. Community Center by the National City Chamber of Commerce for their Annual "Salute to the Navy Luncheon" on Wednesday October 7, 2009 PREPARED BY Kaseem Baker i ./JI DEPARTMENT Community Services Phone: (619) 33•-4274 EXPLANATION The National City Chamber of Commerce is requesting use of the Martin Luther King, Jr. Community Center for their 53rd Annual Salute to the Navy Luncheon on Wednesday October 7, 2009 from 10am to 2pm. Approximately 300 military and civilian guests will be attending. Cost: Building Use Fee: $ 50.00 Kitchen: $ 50.00 Hall Fee: $ 469.04 Custodial: $ 176.00 Total $ 745.04 Cleaning Deposit: $ 100.00 Kitchen Deposit: $ 60.00 This request is consistent with City Council Policy #803 which governs the use of the center. Environmental Review AI N/A Financial Statement Approved By: Finance Director Approving the request for use will result in fees of $745.04 plus $160 in refundable deposits. As a City co -sponsored event, up to $1500 in fees will be waived leaving a balance of $0. Account No. STAFF RECOMMENDATION Approve the request for use. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application for use of the Martin Luther King, Jr. Community Center 2. Liability Insurance A-200 (9/99) •— GPtiFORN1A NATIONAL CI 7Nco II P6R A7 ri) City of National City Facility Use Application WAIVER REQUEST 140 E_ l 2`h Street, Ste. B National City, CA 91950 (619)336-4290 Fax (619)336-4292 After hours dispatch: (619)336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of City Facility attend The City Council meeting when the item is scheduled for consideration in order to answer any questions from The City Council Facility Requested: please circle Martin Luther King Jr. Buildini Granger Music Hall North Room South Room Entire Facility Date(s) of Use: October 7, 2009 Day(s) of Use: Wednesday Time of Use: From:10:00 AM To: 2:00 PM — INCLUDE SET-UP & CLEAN UP TIME Type of Function/Activity: Salute to Navy Luncheon Is the event open to the public? Ycs, with purchase of ticket. Name & Address of Organization/Group: NC Chamber of Commerce, 901 National City Blvd., NC Non- profit organization: Yes No Tax ID # 95-1038185 Anticipated Maximum Attendance: 300 Percentage of National City Residents 75% Will Admission be charged? Yes Amount $ 40.00 Will this be a Fund Raising Event? No Equipment Requested: 300 # of chairs 30 # of banquet tables X Stage X Podium/Microphone **PLEASE ATTACH SEATING DIAGRAM** Use of Kitchen: X Yes No Use of Gas for Range and Oven: X Yes No Is the Use of Alcohol Requested? NO Will other paid services be used (I. e, commercial caterer, DJ, Band, etc)? X Ycs No Name: "Icnatativc:_Imperial House ( Norman Bradley) Phone: 619-234-3525 I nany times in the last twelve months have you requested to use a City Facility? 1 It is expressly understood and agreed that the applicant assumes all risk for loss, damage, Liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in considerations of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may he caused by applicant's use or occupancy. 1, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organizations. Further, I agree to be personally responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Application recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes. if any assessed during the use of the City's facility pursuant to sections 107 and 107.6 of the revenue and taxation code against applicant's possessory interest in the City's facility. 1 CERTIFY THAT 1 HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND 1 AGREE FOR MY ORGANIZATION/ GROUP TO CONFORM TO ALL OF ITS PROVISION. DATE COMPLETED: March 26_ 2009 PRINT NAME: Jacqueline Luna Revnoso SIGNATURE: ADDRESS OF APPLICANT: 901 National City Blvd. 741441474147741 CITY. STATE, AND ZIP CODE: National City. CA 91950 PHONL: DAY: 619-477-9339 FAX NUMBER: 619-477-5018 CONTACT PERSON ON THE DAY OF THE EVENT: Jacqueline Luna Revnoso PHONE: f 619 ) 477-9339 CELL: 1 619 890-6614 HAVE YOUR COPY OF APPLICATION IN POSSESION DURING USE Please type or print clearly with a Ballpoint pen. Complete application must be submitted and payment submitted in advanced of the event. Remal .Amnuni Rcceiacd DepUsll Amount- _. Check (hnmuinity Service, Soli Onto - Reeerpl Number. Deposit! key Returned: hey- isued: N(1 3 J CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Person 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 include the city, its officials, agents and employees named as additional insured and to sign the hold harmless agreement. Certificate of insurance must he attached to this permit. Organization: The National City Chamber of Commerce Person in charge of activity: Jacqueline L. Reynoso Address: 901 National City Blvd., NC 91950 Telephone: 619-477-9339 E-Mail: reynoso@nationalcitychamber.org City Facilities and/ or property requested: Martin Luther King Jr. Community Center Date(s) of use: October 7, 2009 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 its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death, or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out or related to the use of public property or the activity taken under the permit by the permit or its agents, employees or contractors. Certificate of Insurance Approved by 2-27-t)9 t/ Name and Title 4 Safety/ Security Please describe your procedures for crowd control and internal security: Chamber staff along with volunteers will be monitorin, flow of traffic. The entrance from the north end of the building will be monitored by Chamber Ambassadors (volunteers) and the entrance to into the ceremony and R.S.V.P. area will be staffed by Chamber employees. YES X NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: Monitoring Alcohol Consumption Please describe your producers for monitoring alcohol consumption: N/A Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must also be 21 years of age or older. Name: n/a Contact phone number the day of event: 5 ACORD, CERTIFICATE OF LIABILITY INSURANCE OP ID MR NCCHAM1 DATE (MM!DDIYYYY) 01/08/09 PRODUCER Wateridge Insurance Services 7 Sorrento Valley Rd. Diego CA 92121 ____._e:858-452-2200 Fax:858-452-6004 INSURED National City Chamber of Commerce; Mile of Cars Assoc. 901 National City Boulevard National City CA 91950 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NO7 AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURERA Maryland Casualty Company INSURER B: INSURER C,: INSURER D: INSURER E: COVERAGES THE ANY MAY POLICIES. INSR' L TR POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR PERTAIN, THE INSURANCE AFFORDED DY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DD'L NSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE LMM,DDNY) POLICY EXPIRATION DATE (MMIDDIYY) LIMITS A X GENERAL LIABILITY COMMERCIAL GENERAL IABILITY PAS38912516 09/22/08 09/22/09 EACH OCCURRENCE -13AMAGETORENTEO— PREMISES (Ea occurence) $ 2 , 000 , 000 X *2,000,000 J CLAIMS MADE I'•I OCCUR MED EXP(Any one person) $ 10,000 PERSONAL BADV INJURY $ 2 , 000, 000 GEL — GENERAL AGGREGATE $4,000,000 AGGREGATE LIMIT APPLIES PER- PRODUCTS- COMP/OP AGG $ 4,000, 000 POLICY PRO- LOG JECT A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS PAS36912516 09/22/08 09/22/09 COMBINED SINGLE LIMIT (Ea accidenq $ 1 000 000 BODILY INJURY (Par porson) $ X X BODILY INJURY (Per eccfdenl) $ PROPERTY DAMAGE (Per acc ien() $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA _ .J HASH ITY OCCUR I CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERMAEMBER EXCLUDED? N ya5, de9Grbe under SPECIAL PROVISIONS Below WCSIARdlR- TORY LIMITSS ER E.L. EACH ACCIDENT $ E. L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES! EXCLUSIONS ADDEO BY ENDORSEMENT (SPECIAL PROVISIONS *EXCEPT 10-DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM. THE CITY OF NATIONAL CITY, ITS OFFICIALS, BOARDS, COMMISSIONS, EMPLOYEES, AGENTS AND CONTRACTORS, AS THEIR RESPECTIVE INTERESTS MAY APPEAR ARE NAMED ADDITIONAL INSURED W/RESPECT TO GENERAL LIABILITY PER ATTACHED CG2012 05/09. RE: NAMED INSURED'S SIGNS LOCATED IN THE CITY LIMITS OF NATIONAL CITY (XXX) CERTIFICATE HOLDER CANCELLATION NAT1002 CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY CA 92050 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL .NeFRW }T! T MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, RgbTC$FMTAT1rcc AUTHD REPRESENIgVE ACORD 25 (2001J08) ©ACORD CORPORATION 1988 NOTEPAD. INSUREDS NAME National City Chamber of ***NAMED INSURED SCHEDULE READS AS FOLLOWS: NATIONAL CITY CHAMBER OF COMMERCE iLE OF CARS ASSOCIATION NCCHAMI PAGE 2'. OpIP :MR PATE OiJ0e/09' POLICY NUMBER: PAS38912516 COMMERCIAL GENERAL LIABILITY CG 2012 0509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL. GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: THELCITY OF NATIONAL CITY; ITS OFFICIALS, BOARDS, COMMISSIONS, EMPLOYEES, AGENTS AND CONTRACTORS, AS THEIR RESPECTIVE INTERESTS MAY APPEAR Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to opera- tions performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or au- thorization. 2. This insurance does not apply to. a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard". CG 20 12 0609 O Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ AcoRo. CERTIFICATE OF LIABILITY INSURANCE OP ID MR NCCHAM1 DATE (MM/DDTYYYY) 10/21/08 PRODUCER Wateridge Insurance Services 10717 Sorrento Valley Rd. 0-ni Diego CA 92121 ne:858-452-2200 INSURED Fax THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE National City Chamber of Commerce 901 National City Boulevard National City CA 91950 INSURER A. Maryland Casualty Company INSURER B INSURER C INSURER D. NAIC # INSURER E COVERAGES THE POLICIES ANY REQUIREMENT, MAY PERTAIN, POLICIES. NSR AMYL LTR INSRO OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED_ NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESP EC I- TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY -EFFECTIVE DATE (MM/DDNY) POLICY EXPIRATION DATE (MM/DDIYY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY PAS38912516 09/22/08 09/22/09 EACH OCCURRENCE $ 2,000,000 X DAMAGE IU HEN IEU PREMISES (Ea occurence) $2,000.,000 1 CLAIMS MADE [X OCCUR MED EXP (Any one person) $ 10 r 000 PERSONAL 8 ADV INJURY $ 2 r 000 , 000 GENERAL AGGREGATE $ 4 r 000 r 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,000 POLICY I PRO- — i LOC A AUTOMOBILE LIABILITY F ANYAUO ALL OWNED AUTOS SCHEDULED AUTOS I HIRED AUTOS AUTOS PAS38912516 09/22/08 09/22/09 COMBINED SINGLE LIMIT (Eaaccdent) $ 1 r 000 r 000 BODILY INJURY (Per person) X BODILY INJURY (Per accident) INON-OWNED PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ EA ACC OTHER THAN $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY OCCUR 1 CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ 1 $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? 11 yes, describe under SPECIAL PROVISIONS below WC TO Y TH LIMI S I IOER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS * EXCEPT 10 (TEN) DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM. PROOF OF INSURANCE ONLY. COVERAGE INCLUDED FOR CAR SHOW AND RELATED ACTIVITIES. CERTIFICATE HOLDER CANCELLATION PROOFO1 NATIONAL CITY CHAMBER OF COMMERCE 901 NATIONAL'CITY BOULEVARD SAN DIEGO CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 * DAYS WRITTE' NOTICE TD THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHA IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHO REPRESENVE,40, • ACORD 25 (2001/08) © ACORD CORPORATION 1988 ACORD,. CERTIFICATE OF LIABILITY INSURANCE OP ID MR NCCHAM1 DATE (MM/DD/YYYY) 10/21/08 'RODUCER 4ateridge Insurance Services 10717 Sorrento Valley Rd. San Diego CA 92121 858-452-2200 Fax:858-452-6004 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # National City Chamber of Commerce 901 National City Boulevard National City CA 91950 INSURER A: Maryland Casualty Company INSURER B INSURER C. INSURER D: INSURER E. :OVERAGES THE. POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CER1IFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ISR TR AUU'L NSRC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE jMM/DD/YY) POLICY EXPIRATION DATE jMM/00/W) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY r- CL AIMS MADE I X 1 OCCUR PAS38912516 09/22/08 09/22/09 EACH OCCURRENCE $ 2 r 000 r 000 X DAMAGE ID RENIEU PREMISES (Ea occurence) $2,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4 r 000 r 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4 , 000 , 000 POLICY PRO- JECT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS PAS38912516 09/22/08 09/22/09 COMBINED SINGLE LIMIT CO accident) a1 000 000 r r BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ ARAGE LIABILITY ANY AUTO AUTO ONLY EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY —I EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes,describe under IAL PROVISIONS below SPECIAL WC S IA I U- 01 H )TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ OTHER :SCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS EXCEPT 10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM. RTIFICATE HOLDER CANCELLATION PR00001 **PROOF OF INSURANCE** SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHO REPRES"7.0?VE r.a.."/ ;ORD 25 (2001/08) © ACORD CORPORATION 1988 City of National City, California COUNCIL AGENDA STATEMENT !METING DATE September 1, 2009 AGENDA ITEM NO. 27 ITEM TITLE TEMPORARY USE PERMIT -- 17`h Annual Fiesta Filipiniana Caroling Competition "Holiday Edition" hosted by the Seafood City Supermarket on December 12, 2009 from 10 a.m. to 10 p.m. at 1420 Plaza Blvd. with no waiver of fees. PREPARED BY Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services Division EXPLANATION This is a request from the Seafood City Supermarket to conduct the 17th Annual Fiesta Filipiniana Caroling Competition at 1420 Plaza Blvd on December 12, 2009. Set-up for the event begins at 1 p.m. on December 11, 2009 and the actual event runs from 10 a.m. to 10 p.m. on December 12, 2009. This yearly event will include food canopies, local entertainers and dance groups will be invited to enhance the show. Cultural play and dance presentations will take part in this event. Merchants will be encouraged to set up sidewalk sales. This event is not eligible for a waiver of fees pursuant to City Council Policy No. 804. C�J Environmental Review X N/A Financial Statement The City has incurred $237.00 for processing the TUP through various City departments, and $200 for Fire fees. Total fees are $437.00 Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A l ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Seafood City Supermarket EVENT: 17th Filipiniana Caroling Competition DATE OF EVENT: December 12, 2009 TIME OF EVENT: 10:00am-10:00pm APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: RISK MANAGER (619) 336-4370 I've reviewed the application for the proposed use and note that the event will be held entirely on private property. There does not appear to be any liability exposure on the part of the City in terms of street closures, impact to traffic, vendors or facilities_ Although technically, insurance is not required for this event, which is entirely on private property, the certificate of insurance provided includes all required coverages. However the certificate references the earlier event and not the "I Ioliday Edition". This should be corrected. Since the sponsor is naming the City as an additional insured, we should request a copy of the endorsement -although it is not technically required_ I have no objection to the proposed use. PUBLIC WORKS (619) 336-4593 Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval: Street Division No involvement Parks Division No involvement Facilities Division No involvement Thank you for the opportunity to comment on this TUP. Please let me know if you need any other information. FINANCE (619) 336-4341 All vendors must have a National City Business License. Special Note: The owner of the Bay Plaza Shopping Center does not have a business license. I checked in "Metro Scan" and the owner is "PNS Stores Inc" in Columbus Ohio. They need to have a business license also. FIRE (619) 336-4550 1) Stipulations required by the Fire Department for this event are as follows: 2) Access to Seafood City and surrounding businesses to be maintained at all times. Access to Fire Department connections for fire sprinkler systems, standpipes, etc. must be clear and unobstructed. 3) Fire Department access into and through the booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. 4) Fire Hydrants shall not be blocked or obstructed. 5) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 6) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 7) Provide a 2A:I0BC fire extinguisher at stage. Extinguisher to be mounted in a visible location between 3'Y2' to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 8) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring Only". 9) A ten foot separation distance must be maintained between tents and canopies. 10) Fees must be paid to the Fire Department Administration Office prior to event occurrence. 11) First Aid will be provided by Filipino Nurses Association. 12) Fees can only be waived by City Council. If you have any questions please feel free to contact me. Fair Demonstration Festival Circus Grand Opening t Other Event Title: (. ctil OA, Z q Tc, U cA Event Location:Iif�ZQ g ect , ' i, t -F Event Date(s): From 0-112,- to (2-1 IX Month/Day/Yea Actual Event Hours: _ 10 pm to (0 am/ ) V Community Event Block Party VV 1-b'1 9 rap Total Anticipated Attendance: 200 'r (fD` Participants) (v200 Spectators) Setup/assembly/construction Date: t 1( Start time: Please describe the scope of your setup/assembly work (specific details): P L 1.41 �f Dismantle Date: 12-1 1 f Completion Time: 3 are List any street(s) requiring closure as a result of this eventinclude street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: Type of Event: ,/ Public Concert Parade Motion Picture C@,o.Lti Chief Officer of Organization (Name) it ,4.o Applicant (bNName): L A-�n (�.tLD�% R (Q�V 2 Address: J 0 "fL!!t-')C -4r 1 C (9 A-1) Daytime Phone: (con � �? r0GEvening Phone: (((S g�n�%,Lf Fax:`1 „ , 0 Contact Person "on site' day of the event- 4t. iJ j -. Ct-t ,o L - t L Pager/Cellular: f ) Z - 7 b 0 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS or Profit Not -for -Profit I)2)o ar Is your organization a "Tax Exempt, nonprofit" organization? YES V NO Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES NO Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. jam) G 4tThatk �U`�YI CYiC cti , 11-Z6eld. T'la-e `Zt h r/n- ca 0 �. c s ! �` `� �-a. r 3 i r� r -1 , cx', - CC,u>k-,z-o k- . YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: (6, YES ✓ NO Does the event involve the sale or use of alcoholic beverages? "-V-YES NO Will items or services be sold at the event? If yes, please describe: _ `z't o 02 Pry er YES - NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route_ VYES NO Does the event involve a fixed venue site? 1f YES, attach a detailed site map showing all streets impacted by the event- YFS NO Does the event involve the use of tents or canopies? If YES Number of tent/canopies S - • Sizes I is NOTE: A separate Fire Department permit is required for tents or canopies. YES" NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures y Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event Please describe your procedures for both Crowd Control and Internal Security: • YES NO Have you hired any Professional Security organization to handle security arrangements for this event? if YES, please list: Security Organization: Security Organization Address( (/ ' a Security Director (Name): Phone: YES NO Is this a night event? If YES, please slate how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: `cA' f- `•I-Lt - cLo•vL.- ,- .t-C Please indicate whit arrange nSent yourtiave made for providing First Aid Staffing and Equipment. (/ %t�11 ` 4,--a,U eiN4-.Lt-:.A O-ft, c _m w.. r, d'W )1-Li -'<-1' fw /L A_ 7�.a l� r -L �Y n, 1 ' rA)--(A-,—ct, -J�en�,1 cum cam- ' c a Pleasp describe your Accessibility Plan f9r access at your event by individuals with disabilities: C / a•-J -LLC€ �•� L -c CLC -c-Le Y e-L{,L9-1- • Please providaa detailed description of your PARKING plan: pL �A' ' .3 . .Q/r.� �GY UP�vr 7�`1 ► Cu 0 0 lease�crit3e your plan for DISABLED PARKING: , c-9-ktri 2 Z-t/-4.{.Q u c d t �4._ Ql ,z_ i.,, a } Please describe your plans to notify all residents, businesses and churches impacted by the event. o,r,o'117 dz-et NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. /YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: ✓ES NO Will sound amplification be used? If YES, please indicate: Start time: t Om Finish Time Number of Bands: Type of Music: lug. t x-ram a.l am/pm ES NO Will sound checks be conducted prior to the event? If YES, please indicate: YES 0NO Start time: pm Finish Time am/pm Please describe the sound equipment that will be used for your event: c 21 Fireworks, rockets, or other pyrotechnics? If YES, please describe: r " YES NO Any signs, banners, decorations, special lighting? It YES, please describe: /T `^') S°£>', Ce 1, Revised 08/10/05 k ,tir. tk'ite 4A ave_� .�. Event: For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 1) City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization b �'� l Person in Charge of Activity Address 0 ' b- a -( ` l G CA 5' 19 -b Telephon 6() •oZ7`4YCO Date(s)ofUse Sc-,,t 5' HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors_ Signature of Applicant 7 /.)-2/v1) Official Title Date For Office Use Only Certificate of Insurance Approved Date 11 REQUEST FOR WAIVEROFFE S Non-profit organizations, which meet the criteria on pag of the instructions, will be considered for a waiver. If you would like to reque a waiver of the processing fees, please complete the questionnaire •-low. 1. Is the event for which the TUP is sough sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form a • submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sough and then proceed to Question 3. Name of the sponsoring • ganization Type of Organization (Service Club, Church. Social S ice Agency, etc.) 3. Will the event genera to net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Pleas Appl sign the form and submit it with the TUP ation) 4. Will the proc • eds provide a direct financial benefit to an individual who reside in or is employed in the city, and who is in dire financial need due t• health reasons or a death in the family? Yes Please provide an explanation and details. (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. `1 No (Please proceed to Question 7) 7. Wilt the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? tit+ Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date (2 6 L 1 jr -- -,--- \ \I / /-' r ( 1) l_k I I ) 14CORD,,. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDOI' YVY) 7/20/2009 ucER (619)683-9990 FAX: (619)683-9999 heel Ehrenfeld Company 2655 Camino Del Rio North #200 San Diego CA 92108 INSURED Fortune Management Company, Inc. Fortune Commercial Corp./Seafood City 2883 Surveyor Street Pomona CA 91768-3251 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER Argonaut Great Central INSURERS Springfield Insurance INSURER C NAIC# INSURER D INSURER E VTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AG RE TE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR 1; DD' .; TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (UWDDJYY) POLICY EXPIRATION DATE (MMA10lyYN UNITS OENERAL LIABILITY - EACH OCCURRENCE s 1,000,000 X COMMERCULLGENERAL LIABILRY NTED PREMISES EGE TORmamma) A 300,000 A ICLAMS MADE X OCCUR FH915148604 6/3/2009 6/3/2010 LIED EXP(AA*oneperson) $ Excluded X $1,000 Dad. PE-SONALIIADVINJURY 1 1,000,000 GENERAL AGGREGATE 9 5,000,000 GENL GATE LIMIT APPLIES PER. AGGREGATE PRODUCTS - COMP/OP AGG 9 2,000,000 X POLICY 1 1 (- I L0C JRC I AUTOMOBILE X UAGImY ANY AUTO COMBINED SINGLE LIMIT (Eaacuaem) a 1,000,000 A , ALLOWNED AUTOS EA915148604 6/3/2009 6/3/2010 BODILY INJURY (Per person)3 X X SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per awdenl) s NON -OWNED AUTOS PROPERTY DAMAGE (Per acadent) LIABILITY AUTO ONLY- EA ACCIDENT $ GARAGE OTHER THAN EA ACC $ ANY AUTO AUTO ONLY-AGG A EACELOCCURRFNCE T 10,000,000 EXCESSR/MBRELLAUABIUTY ❑ AGGREGATE A 10,000,000 OCCUR CLAIMS MADE s III v248915148604 6/3/2009 6/3/2010 s A DEDUCTIBLE X RE-ID/DOH 310,000 $ COMPENSATION AND X j I TORY t[ IR MS I ER B WORKERS EMPLOYERS' LIABILITY E L. EACH ACCIDENT $ 1,000,000 ANY PROPRIETORIPARTNERIEXECUTNE OFFICER/MEMBER EXCLUDED? NC01'3306 12/1/2008 12/1/2009 E.L. DISEASE - EA EMPLOYEE s 1,000,000 X yea describe wear LIE L DISEASE .POLICY MIT s 1,000,000 OTHER DESCRIPTION Certificate operations always required OP OPERATIONS0.0CAT10NSNFNICLESIEXOLUSIONs ADDED BY ENDORSEMENTIBPECWL PROVISIONS Bolder is named as Additional Insured as respects to Comm'). General Liability, but limited to the of the Insured with Respect to:Fiesta Filipina Mezicana to be hold Saturday September 26th, 2009, and subject to the policy terms, conditions and exclusions per endorsement . •10 days notice of cancellation only in the event of non-payment of premium. CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd. National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WALL ENDEAVOR TO MAIL. *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO 00 SO SHALL IMPOSE NO OBUGATION OR UABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Jim Eggert/TONS 0 ACORD CORPORATION 198E Page 1012 ACORD 25 (2001/08) INS025 (oI5) OBa 19- ACORD CERTIFICATE OF LIABILITY INSURANCE OATE 20/200 ' DUCER (619) 683-9990 FAX: (619) 683-9999 .--chael Ehrenfeld Company 2655 Camino Del Rio North #200 San Die•o CA 92108 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Fortune Management Company, Inc. Fortune Commercial Corp. /Seafood City 2883 Surveyor Street Pomona CA 91768-3251 INSURER A Argonaut Great Central INSURER B Springfield Insurance INSURER INSURER0 INSURERE pOYFRAGFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. SHOWN MAY HAVE BEEN REDUCED BY PAID CI AIMS INSR ADD'L' AWE LIMITS TYPE OF INSURANCE POLICY RUMDER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMR)OfYY� OATEjMMID0(YY) LIMITS LTR SRI EACH OCCURRENCE 1 1,000,000 GENERAL LIABILITY DAMAGE TO RENTED PREMISLS(EA oco.Tencel s 300,000 X COMMERCIAL GENERAL LIABILITY nOCCUR FH915148604 6/3/2009 6/3/2010 MEDEXP(Any ono Rawson) s Excluded A 1 CLAIMS MADE PERSONA( A ADV INJURY $ 1,000,000 X S1,000 Dad. GENERAL AGGREGATE s 5,000,000 PRODUCTS - COMPIOP AOG $ 2,000,000 GENT �POItCY AGGREGATE LIMIT APPLIES PER: PRO LOC ElJECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accadeV) 1,000,000 A X ANY AUTO ALL OWNED AUTOS BA915140600. 6/3/2009 6/3/2010 BODILY INJURY (Per person) X S SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Pm 6Qdenl) X L NON -OWNED AUTOS PROPERTY DAMAGE PROPERTY s accident) AUTO ONLY - EA ACCIDENT GARAGE LIABILITY OTHER THAN EA ACC $ ANY AUTO AUTO ONLY AGG S EAC OCCURRENCE 9 10,000,000 EXCESS/UMBRELLA LIABILITY AGGREGATE 5 10,000,000 IOCCUR CLAIMS MADE I 6/3/2009 6/3/2010 A X D DEDUCTIBLE RETENTIQN UMB915148604 510,000 WC STATU- X TORY I NITS OTH- ER B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY E L FACM ACCIDENT s 1,000,000 ANY PRCPRIETOR!PARTNER.EXECUTNE EXCLUDED? 12/1/2008 12/1/2009 E.L DISEASE - EA EMPLOYEE s 1,000,000 OFFICER/MEMBER nyds.msemm rWu WC0173306 EL DISEASE -POLICY LIMIT s 1,000,000 S SPECIAL PROVISIONS Debi OTHER DESCRIPTION Certificate operations subject •10 OP OPERATIONSFLOCATION8NEHICLE8/EXCLUSIONS ADDED BY ENCORSEMENTISPECIAL PROVISIONS . Bolder is named as Additional Insured as respects to Comm'1 General Liability, but limited to the of the Insured with Respect to: Filipiana Mexicana, 17th annual, to be hold September 26, 2009, and always to the policy terms, conditions and exclusions per endorsement. days notice or cancellation only roquirod in the event of non-payment of premium_ CERTIFICATE HOLDER Pacific Castle Bay Plaza LLC Pacific Castle Management, Inc. 2601 Main St. #900 Irvine, CA 92614 ACORD 25 (200U08) INS025 Ioloa) oaa CANCEL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER RILL ENDEAVOR TO MAIL • 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES - AUTHORIZED REPRESENTATIVE Jim Eggert/TONI Z ACORD CORPORATION 1988 Pago 1 of 2 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California MEETING DATE: Sept 1, 2009 AGENDA ITEM NO. 28 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $185,833.09 to the City of National City for the period of 07/29/09 through 08/04/09 PREPARED BY: Jeanette Ladrido, Finance Director EXPLANATION: DEPARTMENT Finance (619) 336-4331 Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. r Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $185,833.09 r STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A l TACHMENTS (Listed Bel Warrants for the period the period of 07/29/09 through 08/04/09 -+ CAL�FORNiA NCORI'ORltiTED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 5 8/4/2009 PAYEE AMERICAN LUNG ASSOC OF CA CENTER FOR CREATIVE LAND COMMUNITY HOUSING WORKS COMMUNITY YOUTH ATHLETIC CTR DANTE'S MODULAR PERFORMANCE ENVIRONMENTAL HEALTH COALITION FEDEX HARRIS & ASSOCIATES HORIZON HEALTH EAP MOORE IACOFANO GOLTSMAN N C CHAMBER OF COMMERCE SAN DIEGO DAILY TRANSCRIPT SOUTH COUNTY ECONOMIC DEV STAPLES ADVANTAGE STRADLING YOCCA CARLSON & THE SOHAGI LAW GROUP IMATE STAFFING SERVICES _. _3AN FUTURES WELLS FARGO BANK XEROX CORPORATION SECTION 8 SECTION 8 HAPS PAYMENTS DESCRIPTION REIMB HEALTHY HOMES - APR 2009 2300 CLEVELAND/830 23RD STREET LOW MOD HOUSING FUND-HOMEBUYER REIMB CHAMPS4 LIFE PROGRAM REIMB ECO DEV LOAN REIMB SUG-GRANTEES EHC EXTENSION COURIER CONSULTING SVC'S AQUATIC CENTER EMPLOYEE ASST PROGRAM - CDC PROF SVC'S-LAS PALMAS PARK/FAC VISION REIM-ECO DEV JUUAUG/SEP2009 SO COUNTY LIFESTYLES AD MEMBERSHIP RENEWAL FY09-10 OFFICE SUPPLIES - REDEV RDA GENERAL SERVICES GEN PLAN UPDATE TEMP EMP FOR NEIGHBORHOOD SVCS REDEV FISCAUIMPLEMENTATION CREDIT CARD EXP - CDD LEASE 03/25 - 06/30/09 Start Date End Date 7/15/2009 7/21/2009 CHK NO 228344 228345 228346 228347 228348 228349 228351 228352 228353 228354 228356 228357 228358 228359 228360 228361 228362 228363 228364 228365 GRAND TOTAL DATE AMOUNT 8/4/09 27,474.88 8/4/09 639.00 8/4/09 14,671.30 8/4/09 28,356.53 8/4/09 8,953.36 8/4/09 49,353.45 8/4/09 67.83 8/4/09 7,120.00 8/4/09 114.56 8/4/09 13,570.70 8/4/09 12,500.00 8/4/09 3,500.00 8/4/09 7,500.00 8/4/09 159.97 8/4/09 78.00 8/4/09 1,402.50 8/4/09 1,722.40 8/4/09 3,157.50 8/4/09 793.47 8/4/09 443.23 A/P Total $ 181,578.68 4,254.41 S 185,833.09 INCORPORATED COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 5 8/4/2009 502 SECTION 8 FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 4,750.43 28,356.53 138, 034.64 14,691.49 185,833.09 EETING DATE: Sept 1, 2009 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California AGENDA ITEM NO. 29 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $322,978.21 to the_ity of National City for the period of 08/05/09 through 08/11/09 PREPARED BY: Jeanette Ladrido,l' ' • DEPARTMENT Finance Finance Director EXPLANATION: (619) 336-4331 Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $322,978.21 ♦ STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A 'ACHMENTS (Listed B elow) Warrants for the period the period of 08/05/09 through 08/11/09 C IF ATI fry fo,. o° D I2ITCORPOR,AT�D COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 6 8/11/2009 PAYEE DESCRIPTION CHK NO DATE AMOUNT ABC CONSTRUCTION CO., INC. RETENTION HIGHLAND AVE SPEC 08-8 228472 8/11/09 81,734.48 BUSTAMANTE & ASSOC CONSULTING SVC FOR JUNE 2009 228473 8/11/09 18,000.00 DESROCHERS RETIREMENT BENEFIT - AUG 2009 228474 8/11/09 110.00 EQUIFAX INFORMATION SVCS CREDIT BACKGROUND CHECK FOR S8 228475 8/11/09 50.00 FLORES SIERRA CONTRACTORS, INC DEMOLITION OF 1820 G AVE 228476 8/11/09 2,374.33 GE CAPITAL EQUIPMENT RENTAL 228477 8/11/09 210.43 HdL COREN & CONE CAFR SERVICES 228478 8/11/09 247.50 HUSK PARTNERS CONSULTING SVCS - AUG 2009 228479 8/11/09 7,500.00 L.B. CIVIL CONSTRUCTION JUNE 2009 SERVICES 228480 8/11/09 103,951.48 SANDAG ASSESSMENTS -MEMBER AGENCY 228481 8/11/09 9,750.00 DELTA DENTAL DENTAL INS AUG 2009 228502 8/11/09 -19.86 KAISER FOUNDATION HEALTH PLANS KAISER INS ACTIVE AUG 2009 228526 8/11/09-185.49 KEYSER MARSTON ASSOC ECONOMIC CONSULTING SVCS 228528 8/11/09 5,927.57 SAN DIEGO COUNTY RECORDER RECORDING FEES FOR RECONVEYANCE OI 228561 8/11/09 99.00 THE LINCOLN NATIONAL LIFE INS. LIFE & AD&D STD LTD AUG 2009 228581 8/11/09 -40.25 "TION 8 Start Date End Date SECTION 8 HAPS PAYMENTS 8/5/2009 8/11/2009 PAYROLL Pay period Start Date End Date Check Date 16 7/14/2009 7/27/2009 8/5/2009 A/P Total S 229,709.19 4,824.03 88,444.99 GRAND TOTAL $ 322,978.21 INCO$pO r 1! COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 6 8/11/2009 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 25, 997.84 625.26 33.00 292,466.84 3,85527 322,978.21 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT IEETING DATE: September 1, 2009 AGENDA ITEM NO. 30 ITEM TITLE REAL PROPERTY TRANSACTION FOR FORMER DAYS INN SITE; 1.07 — ACRE PARCEL LOCATED AT 1640 EAST PLAZA BOULEVARD (A.P.N. 557-410-200) PREPARED BY George H. Eiser, III City Attorney DEPARTMENT (Ext. 4221) EXPLANATION The purpose of this report is to update the CDC Board regarding staffs effort in negotiating the sale, including the price and terms of the payment, of the former Days Inn property, a 1.07 — acre parcel located at 1640 East Plaza Boulevard, currently owned by the CDC . Executive Director Brad Raulston is the negotiator for the CDC, and the other negotiating party is The Mar Group. This is a companion item to the closed session item on the agenda. Environmental Review 4 NIA Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Accept and file. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. N/A A-200 (9/99) City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT .JIEETING DATE September 1, 2009 AGENDA ITEM NO. 31 ITEM TITLE Report by the National City Chamber of Commerce on the Economic Development Loan Program (formerly Community Benefit Loan Program) and San Diego State University Student Consulting Program. PREPARED BY EXPLANATION Alfredo Ybarri1/2i, (Ext. 4279) DEPARTMENT Community Development On March 12, 2009, the CDC entered into an agreement with the National City Chamber of Commerce, a 501 (c)(6) non-profit organization, and the National City Chamber of Commerce Foundation, a 501 (c)(3) non-profit organization. The National City Chamber of Commerce agreed to provide economic development services for businesses located in the City of National City. The National City Chamber of Commerce presents an up to date report to the CDC on the administration of the San Diego State University Technical Assistance Program, the Enterprise Zone Program, the Debt Retirement Campaign, and the Economic Development Loan Program by the National City Chamber of Commerce. Environmental Review Ni N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Accept and file report per Contract Agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Report by National City Chamber of Commerce A-200 (9/99) ECONOMIC DEVELOPMENT PROGRAMS This document presents an up to date report to the City of National City's Community Development Commission and its Board of Directors on the administration of the San Diego State University Technical Assistance Program, the Enterprise Zone Program, the Debt Retirement Campaign, and the Economic Development Loan Program by the National City Chamber of Commerce. Economic Development Programs Economic Development Programs REPORT TO CITY COUNCIL, CITY OF NATIONAL CITY SEPTEMl3ER 1, 2009 AGREEMENT OVERVIEW On September 16, 2009, the Community Development Commission of the City National City (CDC) voted to approve the execution of an Agreement with the National City Chamber of Commerce (NCCC) to administer the City's Economic Development Programs for $50,000 and up to $70,000 to retire the debt on the Chamber's office building. On March 12, 2009, the CDC entered into an agreement with the National City Chamber of Commerce, a 501 (c) (6) non-profit organization, and the National City Chamber of Commerce Foundation, a 501 (c) (3) non-profit organization. The National City Chamber of Commerce agreed to provide economic development services for businesses located in the City of National City. Alfredo Ybarra, Community Development Manager for the City's Housing and Grants Division is the Project Coordinator for the CDC. Jacqueline L. Reynoso is the Project Director for the National City Chamber of Commerce. San Diego State University (SDSU) Technical Assistance Program Program Summary The National City Chamber of Commerce (NCCC) and SDSU's College of Business Administration have teamed up to offer a mutually beneficial service to small businesses located within the redevelopment areas of National City. Working with the NCCC, SDSU offers free consulting services provided by senior level and graduate business students. Consulting teams (typically three to four students) work with small businesses to make recommendations to improve business performance. The consulting process is generally three months. National City Chamber staff and two business professors from SDSU oversee the whole process. Participating businesses are eligible for a forgivoble loan of up to $15,000 from the CDC of National City to implement the recommended business improvements. Program Update Administration: Since the program's implementation in late 2008, the NCCC has fulfilled its responsibilities in administration of the SDSU Technical Assistance Program. The NCCC has served as a direct liaison with SDSU Program Staff. Chamber staff responds to all program inquiries via email, phone, written correspondence and site visits. The Chamber also hosts the SDSU Technical Assistance Program workshops, student presentations, and business consultations. NCCC Staff works directly with the CDC Executive Director and SDSU student team leaders and professors to evaluate program applications and select program participants. Outreach: The NCCC actively markets the program to National City businesses through monthly mailers, Chamber Newsletter (fall and winter 2008, spring and summer 2009), monthly membership outreach walks, Chamber breakfast meetings, participation in the South County Economic Development Council Business Outreach Walk on November 19, 2008, Chamber website, and Membership Orientation workshops. Program outreach is not limited to Chamber members; the program is equally promoted to non-members at every Chamber and community event in National City such as the Annual Bayfront Business Expo, Automobile Heritage Day, Salute to Navy, Taste of National City, and at various networking events throughout National City. Page 1 Economic Development Programs Participation: Since the Summer of 2008, the following 21 businesses have participated: 1) Boys and Girls Club of National City (now the Greater San Diego Boys and Girls Club) 2) George's Wonderful World of Cakes 3) Pacific Coastal Finishing 4) San Diego Early Music 5) Westflex Industrial, Inc. 6) Y & M Wholesale — Candy Pros 7) National City Chamber of Commerce 8) Party Time Supplies and Rentals 9) LBGFX Graphic Design and Printing 10) Direct Vinyl Source 11) Dante' Modular Performance 12) Aloha Insurance group 13) Liberty Tax Service 14) Howard Johnson Express 15) Hemisphere Realty and Capital 16) Plaza True Value 17) Lola Happy Bakery 18) Plaza Pet Hospital 19) Kool N Fit America Inc. 20) 110 Liquor 21) De La Cruz Auto. See ATTACHMENT A for a complete list of Program Participants from spring 2005 to spring 2009. San Diego Regional Enterprise Zone Program Program Summary The San Diego Regional Enterprise Zone (SDREZ) was established in 2006. It is a regional economic development program incorporating portions of the City of San Diego's Third, Fourth, Seventh and Eighth Council Districts, a significant portion of the City of Chula Vista and the majority of the City of National City. The major benefits of the Enterprise Zone Program are the tax savings on California business income tax: • Sales or Use Tax Credit: A tax credit against the purchase of new manufacturing, assembly, data processing or communications equipment equivalent to the amount of sales or use tax, or up to $1.35 million annually. • Hiring Credit: A tax credit on up to 50 percent of the wages to qualified new employees over a five-year period (up to 50 percent in the first year, 40 percent in the second year, etc.). This credit could exceed $34,000 per eligible employee. • Accelerated Depreciation Deduction: The option to accelerate depreciation on business property. A business may treat 40 percent of the cost of qualified property as a business expense in the first year it is placed into service for a maximum deduction of $20,000 per year, whichever is smaller. • Net Interest Deduction for Lenders: Allows lenders a deduction on the net interest earned from loans made to Enterprise Zone businesses. Qualified loans include business loans, mortgages and loans from noncommercial sources. Program Update Administration: The Enterprise Zone program is a business recruitment and retention tool. The NCCC serves as a direct liaison to CDC/ City staff and SDREZ team partners including representatives from the City of Chula Vista, San Diego, and the San Diego Unified Port District. NCCC works collaboratively with City staff on business recruitment efforts including planning and implementation of City tours, review of City business incentives, presentations to prospective businesses, and follow up on business recruitment efforts. Chamber staff responds to all program inquiries via email, phone, written correspondence, site visits, one on one consultations, and workshops/ presentations. Outreach: Since the winter of 2008, the NCCC has provided program outreach to local businesses throughout National City, as well as to prospective businesses interested in relocating to National City. The NCCC actively markets the program to National City businesses through monthly mailers, Chamber Newsletter (fall and winter 2008, spring and summer 2009), monthly membership outreach walks, Chamber breakfast meetings, participation in the South County Economic Development Council Business Outreach Walk on November 19, 2008, Chamber website, and Membership Orientation workshops. Program outreach is not limited to Chamber members; it is equally promoted to non-members at every Chamber and community event in National City such Page 2 Economic Development Programs as the Annual Bayfront Business Expo, Automobile Heritage Day, Salute to Navy, Taste of National City, and at various networking events throughout National City and the San Diego region. Output: Over 90% of National City business quality for the Enterprise Zone tax credits. To date, the NCCC has conducted 13 presentations and workshops/seminars and has reached more than 2,200 business contacts. In 2008, 46 National City based companies submitted hiring credit vouchers. From those participating companies, 390 hiring credit voucher applications were submitted and 375 were approved. In that same year, 65 new positions were created by companies submitting hiring credit vouchers. National City businesses received over $3 MILLION in tax credits last year alone! See ATTACHMENT B for a complete list of Enterprise Zone presentations in 2008-09. See ATTACHMENT C for 2008 SDREZ Hiring Credit Voucher Activity. Debt Retirement Campaign Project Summary The National City Chamber of Commerce Foundation has committed to retire the debt on the Chamber building in order to free up a large portion of its operating expense, approximately $2,000 monthly, and entrust to economic development. The goal is to raise $140,000 by September 2009. The CDC agreed to match up to $70,000 in contributions toward the debt retirement as of January, 2008 until 5 years from the date of the Agreement between CDC and the NCCC Foundation, dated March 12, 2009. The Chamber currently administers the City of National City's Economic Development Loan Program, Enterprise Zone Program, and San Diego State University Technical Assistance Program for small businesses. Freeing up the Chamber's building debt will allow the Chamber to expand these types of business programs to retain and attract new investments to National City. Project Update Administration: Per the contract with the CDC, the NCCC Foundation has opened a separate Foundation bank account at Neighborhood National Bank to track all grant funds received and contributions made to the debt retirement campaign. Matching funds from the CDC are restricted for use by the NCCC Foundation to the payment of the mortgage on the Chamber building. Implementation: The NCCC Foundation has established o committee to retire the Chamber's building debt comprised of John Pasha — Pasha Automotive Services, Weldon Donaldson — Mile of Cars Association, John Snyder — EDCO Disposal Corporation, Ed Plant — San Diego Cold Storage, Ditas Yamane — The Phone Shop, and Jacqueline Reynoso — National City Chamber of Commerce. The Committee is working diligently in obtaining debt retirement contributions. Golf Tournament: The NCCC Foundation will hold the first Annual National City Chamber of Commerce Foundation Golf Tournament in memory of Mayor Kile Morgan on Monday, August 31, 2009 at the Sycuan Resort (formally Singing Hills) golf course. All proceeds from the tournament will go toward retiring the building debt. All contributions are tax deductible. The Committee has sent out letters requesting support to all chamber members; the Committee has marketed the debt retirement campaign to local business leaders, Chamber members, golf enthusiasts, and corporate sponsors via email, mailers, personalized letters, website promotion; and the Star News ran a special 5 page section exclusively on the debt retirement campaign and the Foundation's Golf Tournament. Output: From January to July 2009, the NCCC Foundation has received $29,000 in commitments toward the debt retirement campaign. As of August 12, 2009, the Foundation debt retirement bank account has posted a Page 3 Economic Development Programs total of $11,451.69 on deposit. See ATTACHMENT D for a copy of the Foundation Capital Fund July 2009 bank statement from Neighborhood National Bank. Economic Development Loan (EDL) Program Program Summary The Economic Development Loan (EDL) Program, formerly called the Community Benefit Loan Program, is designed to assist local businesses with financing for projects that help to improve business activity and stimulate the overall economic vitality of the City. The EDL program will provide a forgivable loan to qualified business of up to $15,000 with available terms of up to 5 years. The loans are forgiven if the business owner continues to maintain the business and/or property pursuant to the loan documents and the business is not sold within the terms of the note. The EDL Program was developed to promote commercial business opportunities, encourage reinvestments by property owners and commercial tenants, and most importantly, grow the business's taxable sales. Program Update Administration: NCCC staff administers the EDL program in partnership with the City of National City, the Small Business Development and International Trade Center (SBDITC), and the SDSU College of Business Administration. The Chamber's partners assist with evaluation of loan requests, conduct business consults, and assist business owners with the preparation of loan applications. The NCCC processes all loan applications, drafts all loan agreements for City Attorney review, meets with loan applicants on a one to one basis, prepares follow up letters to loan applicants (ex. denial, request for more information, approval, conditional approval, etc.), monitors loan disbursements, conducts site visits, and maintains confidential files. All projects and loan requests must be formally reviewed by the EDL Program Loan Committee, and approved by the Executive Director of the CDC. Chamber staff responds to all program inquiries via email, phone, written correspondence, site visits, individual consultations, and workshops/ presentations. NCCC serves as the program liaison to City staff including the City Attorney' Office, City Clerk, and Executive Director of Community Development. The Chamber has recently developed a standard checklist and monitoring schedule to track business performance for loan recipients including sales tax generation, job creation, and business improvements. See ATTACHMENT E for a copy of the Loan Request Summary Sheet. The Chamber has also developed a Work Conformation and Disbursement Request form for loan recipients. See ATTACHMENT F for a copy of the Work Confirmation and Disbursement Request form. Outreach: The NCCC actively markets the program to National City businesses through monthly mailers, Chamber Newsletter (fall and winter 2008, spring and summer 2009), monthly membership outreach walks, Chamber breakfast meetings, participation in the South County Economic Development Council Business Outreach Walk on November 19, 2008, Chamber website, and Membership Orientation workshops. Program outreach includes promotion at every Chamber and community event in National City such as the Annual Bayfront Business Expo, Automobile Heritage Day, Salute to Navy, Taste of National City, and at various networking events throughout National City. Output: The Chamber hosted EDL Program Workshops (formerly called the CBL Loan Workshop) on November 12, 2008, March 20, 2009, and May 1, 2009. The NCCC hosted an EDL Loan Committee meeting on January 20, 2009 to review loan applications. A Second meeting was held on May 27, 2009 to review the second round of loan applications. Page 4 Economic Development Programs To date, more than 11 businesses have taken advantage of the EDL program and 3 more are in the pipeline for the third round of forgivable loans. 2008 Recipients • Niederfrank's Ice Cream - $15,000 for equipment and tenant improvements resulting in extended business hours and job growth. • Emerson's School of Martial Arts - $15,000 for equipment upgrades, website enhancement, marketing, and personnel resulting in operational growth and job creation. • Creative Images Photography - $15,000 for tenant improvements, marketing model, business expansion, and equipment purchases resulting in business growth. • Westflex Industrial, Inc. - $15,000 for signage and marketing resulting in improved visibility, brand consistency, and business growth. • CPP Printing & Direct Mail Marketing - $15,000 awarded for technological upgrades resulting in improved operational efficiencies and business development. Only expended $8,648. • El Juan Cafe - $15,000 for marketing, equipment, and interior improvements resulting in business development. 2009 Recipients • Sizzler Restaurant #45 - $15,000 for tenant improvements and equipment. • Howard Johnson Express - $15,000 for management software and marketing. • Dante's Modular Performance - $15,000 for marketing, technology, and job creation. • The Karaoke Specialist - $15,000 for marketing, website development, and business development. • San Diego Pretzel Company - $15,000 for new equipment. 2009 Approved Loans The businesses below have received loan approval. Loan documents are pending approval from the City of National City's Legal Department. • Y & M Wholesale - $15,000 to implement a new point of sale/accounting system and marketing. • CPP Printing & Direct Mail Marketing - $6,351.36 remaining balance for equipment enhancements proposed to result in improved business efficiency. • Lola Happy Bakery - $15,000 for marketing and website, equipment, signage, and tenant improvements (painting). See ATTACHMENT G for the comprehensive EDL Program Recipient Data Report, which includes details on loan recipient sales tax generation, job growth, business improvements, and testimonials. CONCLUSION The National City Chamber of Commerce looks forward to a continued working relationship with the City of National City and the CDC. The Chamber's mission is to increase opportunities for businesses and to represent its members in matters related to business, government and community relations. The Chamber will continue to support and promote the City's economic development through educational workshops, public forums, technicol assistance, promotional activities, special events, business advocacy, and an active Visitor's Information Center. Page 5 Term SPO5 FA05 SP08 FA06 SPO7 SDSU Technical Assistance Program Particpants Spring 2005 Spring-2009 Company, f Contact -. Addrses Phone a': Caroline's Flowers Santa Ramirez 2639 Highland Avenue 619-336-1025 Curves Esther Hogue 1727 Sweetwater Road, Suite F 619-477-5740 Niederfrank's ice Cream Mary Ellen Faught 726 A Avenue 619-477-0828 Old Recipes Restaurant (Now Ben's 1615) Dr, Ben Camacho 1615 Sweetwater Road, Suite A & B 619-474-9811 Tropi Frutas Adrian Ojeda 2303 Highland Avenue ValMar Graphics & Printing Joe Marasigan 1400 Plaza Blvd, Suite A 619-474.7531 Casa de Novia Kosefina Hernandez 1941 Highland Avenue 619-477.1128 Martin's Vogue Flowers 2419 E. Plaza Blvd. 619-472-8558 Mercados Rodeo's Noemi Linares 422 Highland Avenue 619-336-1314 Ronnie's Electronics Ronnie Kvanshny 1309 Highland Avenue 619-474-8022 Star Dust Inn Mike Jariwala 1700 Plaza Blvd. 619-474-6491 The Filipino Press Susan Delos Santos 525 Avenue 0 619-477-094 Chicano Perk Cafe lidi Cariilo 129 25th Street 619474-7375 Copy Post Printing Paul Robinson 100 W. 35th Street Suite 8 619-425-1999 Earthen Vessels Home Furnishings Olivia Lee 1747 Sweetwater Rd. suite 619-477-7596 San Diego Organic Supply Michael Castro 100 West 35th Street, Suite E 619-420-7845 Technical Logistics Corporation Elizabeth Ramos 400 Mile of Oars Way, Suite C 619-477-4852 Westflex Industrial Dixon LeGros 325 West 30th Street 619-474-7400 LA Rack/Deals 4 U Ofelia Nuno 1050 Highland Avenue 619477.8108 Stardust inn Michael Jariwala 1700 E, Plaza Blvd. 619-474.6491 Cafe La Maze Christy Busareios 1441 Highland Avenue 619-474-4210 Aiouette Daycare and Language School A, Pearl Spriggs 845 Highland Avenue 619.477-5283 Body Works Day Spa and Fitness Club Rachel Sup 2345 East 8th Street,_Suite 103 Isle Surfboards Doug Pete 301 W. 28th Street, Warehouse 619-474-9283 Real Estate Investment Center Vance Hivoral 1430 E. Plaza Blvd. El Dorado Cleaners Jose, Alberto Santana, Sr. 3003 Highland Avenue, Sulte.A 619-336-1733 Los Girasoles Consuelo Rodrlguez 1231 Highland Avenue 619-477-7080 Westflex Industrial Dixon LeGros 625 West 30th Street 619-474-7400 Mail Services Plus Gary Welshaar 1626 Sweetwater Road, Suite G 819-474-3308 DeFrance Printing Company Ron WUliams 320 West 17th Street Emerson's Martial Arts Emerson Andrews 3142 Plaza Blvd. Suite M 619-479-0091 Deals4U Ofella & David Munoz 1050 Highland Avenue Cocina de Emma George Chavez 2503 Sweetwater Road 619-475-5088 Black Lion Toys and Collectibles Alexander Callaso 2813 Highland. Avenue Niederfrank's Ice Cream Patti Finnegan & Mary Ellen Faught 726 A Avenue 619-477-0828 El Juan Cafe Patricia Santos 2316 Highland Avenue 619.477-6262 Mills& Bland Brooke Insurance Scott Mills and Don Bland 124 E. 30th Street, Suite A-F Term FA07 SPO8 SUOB FA08 SP09 SDSU Technical Assistance Program Particpants Spring 2005 -Spring 2009 Company ; Contact. ' . .: Address Phone Creative Images Photography Manuel "Memo" Cavada 923AAvenue 619-336-8454 City Tax Cesar Carrasco 117 E 8th S 619-474-2688 Industrial & Architectural Sign Production Rosa & Oscar Tejedo 1535 Tidelands Ave 619-474-0210, Designer's Own Shutter & Service Paul Viacava 241 W 35th Ste D 619-298-9831 Sizzler Restaurant Glen Batcheior/Jerry Rodarte 1325 E Plaza Blvd 619.477.2590 Lollicup Teazone Cherry Reyes, 1105E Plaza Blvd 619-477-8327 Brigitte Couture, LLC Brigitte Palmer 2601 Hoover Ave 619-477-7257 Alianza Latino Americana S.D. Isle Guerrero 121 E. 31st Street, Spite 619-587-0485 Hannah Lee's 840 "A" Avenue High End Performance Robin Bautista 337 W. 35th Street, Suite K 619-869-0964 Office Supplies George Kitagawa 712 E. 18th St 619-507-9841 Palace Salon San Diego Pretzel Co. Harris Golden 224 West 12th Street 619-813-7013 Y & M Wholesale Susan Hallak 2628 Southport Way Suite A 619-572-7198 Boys Girls Clubs of National City Kim Rohde 1430 D Avenue 619-397-0960 George's Wonderful World of Candy Gene and Norma Bartlett 1519 Highland Avenue 619-477-9369 Pacific Coastal Finishing SD Early Music Westflex Industrial Dixon LeGros 325 West 30th Street 619-474.74.00 Y & M / Candy Pros Susan Hallak 2828 Southport Way Suite A 819-572-7198 National City Chamber of Commerce Party Time Party Supplies & Rentals Jim Velarde 1515 Highland Ave 619-474-7789 LBGFX (Graphics Design & Printing) Leee Brian F. Baloos 3142 East Plaza Blvd. Suite A 619-792-5886 Direct Vinyl Source Ray Melinao 3142 Plaza Blvd. Suite A. 619-472-9605 Dante's Modular Performance Dante Aguilar 1635 Coolidge Ave 619.474-6675 Aloha Insurance Services Ayyam George 135 Civic Center Drive 619-327-0818 Liberty Tax Service R.G. Reyes 1615 E. Plaza Blvd. 858-232-6766 Howard Johnson Express Neil Patel 521 Roosevelt Ave 619-368-3061 Hemisphere Realty and Capital Miriam Dickens 2005 Highland Ave Suite 8 819-540.1204 Plaza True Value Alex Ng 1035-B, Harbison Avenue 619-267-3573 Lola Happy Bakery Don Graham 3142 E Plaza Blvd # L 619-479.3144/ 619-250-2187 Pet Hospital Ehsan Khaleel 2415 E Plaza Blvd 619-267-8200, 760-994-5893 Kool N Fit America Inc Hubert Von der Beck 1725 Hardin Ave 619-336-7620, 619-750-8650 110 Liquor Louis Attiq or Roger Attiq 110 National City Blvd 619-477-6222, 619-985-8222 De La Cruz Auto Ray 36 W. Civic Center Dr. 619-477- 2661/ 819-398- 5977 Ebterprioa-ZonaPrerientetions/:Serbtrit ri3/ Workshops National ;01ty, Chamber of Commerce NCCC How to'sfor Small Business Owners Holiday Inn Hotel, National Cibj, CA 7/17/2009 51 Jacqueline Reynoso San Diego. Regional Enterprise Zone Benefits for ASH, DowntoWn Sart.piego 914/200$ 12 Lydia Moreno Enterprise Zone Program:Seminar South Bay Fish & Grill, Chula Vista 11./14/2008 48. NCCC Staff Bayfront ;Expo .and Concert Pepper park, National City, CA 9/1 0/2009 500 Jacqueline Reynoso .National City's EconoMic Development Resources Chamber Breakfast- Westfield Plaza Bonita 1/15/2009 46' NCCC/ Cal Tax Group Free Small ;Business Expo. Union Bank of California, NattOnel City,: CA 2/20/2009 26 Brendan Foote, Cal Tax Group Enterprise Zone Tax Credit: Are you in the Zone? NCLO, Conference. Room 3/3/2009 16 NCCC/ Dan Biggs Weatheringthe Economic Down:Turn SBDiTC,•Nationaril City,, CA 412/2009 3.5 NCCC! City Staff Doing.Business with the City of Nationa City Chanlber Breakfast- WeStfield Plaza Bonita 4/16/200.9. 5.0 NCCC/ Farmer's Insuranoe .Small Business fReosurcea NCCC Conference Room 4/30/2009 I 5' NC/ Dr. Ruben Garcia, SBA SBA ARC Loan Presntation/.Economic Incentives NCCC Conference Room 5/29/2009 42 NCCC .Dev.elopment National City Day at San; Diego County Fair San Diego COLiniY Fair, Del Mar, CA 6/19/2009 400 NQCC/City of San Diego Bayfront.,Business Expo and Job Fair Maria Gatweway Reza:, 740 Bay Manna Drive 7119/2009 1000 -rril4 A i •9141 cX1 2 4 ii4ammetwawmaawar www.sandiegoregfonalei.ore, Revised June 12, 2009 2008 San Diego Regional Enterprise Zone Hiring Credit Voucher Activity City of City of City of Chula Vista National City San Diego SDREZ Number of Companies that Submitted Vouchers 53 46 216 315 Small Companies I-='<50 employees)- 16 11 90 117 Medium Companies (=>51 8,-, <500 employees) 9 17 41 67 Large Companies 1-,>501 employees/includes corporations with multiple sites) 2a 18 84 130 Unknown 0 0 1 1 Voucher Activity Wage Information Approved 453 374 3489 4316. Denied 16 21 96 133 Total 469 395 3585 4449 Average Hourly Rate 59.52 $12.47 $9.74 $10,71 Ave. Hourly Rate Comparedto Min. Wage 1$8.00) 124.00% iss,aa% 121.75% 133,88% iligft Hourly Rate •$36.00 $55.28 $113.59 tow Rete Mit. Min. Min. NeW Vs Existinglob Inforination •14* Positions 164 65 574 303 Pereentage of 'New Piiiitions 36.20% 1738% 16.45% 18.61% E/Oistint POsitions 289 309 2915 3513 Percentage bf EnfstlitsPotitibris 63.80% 82.62% 8-3.55% 81.39% Total Positions 453 374 3.489- 4316 Employee tatter:4'1es Vcitichefechi' Disabled incliVidualitervice-cennected disabled veteran 3- 1 Disiciated worker 38 aa. ,Exotionder 1 14 59 74 Indian Tribe:Mernber 33 Low intine-= 4 122. 326 Public atOStance-MeiPient 6 6 Self ernployed 1 1 TEA. 409 345 3115 3869 Veteran 4 9 42 55 Wet tional tiptoilitgion 1 1 .2. WM eligible/enrolled 29 29. WOICJWTW 38 2 72 11Z TOT.A1 453 374 3489 4316 Report includes voucher actiVity for the.San.Cilego Regional EZ and the expired South Bay and Metro Ers Data Compiled March 2009' S AN Dt 'C. 0- RECtONAI. ENT{RPiHSE ZONE ATTACHMENT C 25 000- 2 02 ACCOUNT: PAGE: 300009480 131/200c NATIONAL CITY CHAMBER C!F` COfMME 30 901 NATIONAL CITY BLVD 2 NATIONAL CITY CA 91950 0 SWEE 1 WATE .BRANCH 1717 SWEETWATER' ROAD,SUITE B NATIONAL CITY 91950 TELcrHONE:619-789 440ti NNa is here for yo.u.0ur staff Provides Premier Service that setts Neighborhood National Bank apart from other banks. Let us- know how we can better, serve you. -Call 619.789.4400 Click www.mynnb.com Or Corse in to one of our three branches: San Diego National City Spring Valley Come in to one of our three branches: NONPROFIT INTEREST ACCOUNT DESCRIPTION DEBITS CREDITS DATE BALANCE ACCOUNT OPENED ................ .:.:_........ ...... ,.. 07/02/09 DEPOSIT 8,000.00 07/02/09 8',000.00 DEPOSIT 3,450.GO 07/30J:09 11,450.00 INTEREST 1.6.5 07/31/09 11,451.69 BALANCE THIS STATEMENT ...... 07/31/09 11,451,699 TOTAL CREDITS 03) 11,4A1.69 MINIMUM BALANCE 8 OOU.O0- TOTAL DEBITS (0) .00 AVERAGE BALANCE 8,230,00 AVERAGE LEDGER BALANCE.: INTEREST PAID THIS PERIOD: INTEREST PAID 2009; INTEREST 8,230.06 INTEREST EARNED: 1•69 1.69 DAYS IN PERIOD.:: 30 1.69 ANNUAL PERCENTAGE YIELD EARNED: .25 - - ITEMIZAIION OF NSF PAID AND RETURNED ITEM FEES - - THIS PERIOD YEAR TO DATE NSF PAID ITEM FEE: ,00 .00 ATTACHMENT i1 NSF RETURNED ITEM FEE: •00 .D0 OVERDRAFT FEES: .00 .00 /0 2009 Economic Development Loan (EDL) Program Loan Request -Summary Sheet "":?'"q?g,,- NAITArtitiiTy Loan Recipient Name: Business Name: Cell: Ernail: Project Description: Project item 1.: Bid 1: s Bid 2: $ Bid 3: $ LOWEST BID: $ Vendor: Vendor: Vendor: Vendor: Project Item 2: Bid 1: $ Bid 2.: $ Bid 3: $ LOWEST BID: $ Vendor: Vendor: Vendor: Vendor: Project Item 3: Bid 1: $ Bid 2: $ Bid 3; $ LOWEST BID: $ Vendor: Vendor: Vendor: Vendor: Project Item 4: Bid 1: $ Bid 2: $ Bid 3: $ LOWEST BID: $ Vendor: Vendor: Vendor: Vendor: Total Project Cost BASED ON LOVVEST LOCAL BID. $ Business Improvements Implemented (independent of loan fun(---eived) Description: Business Investment $ w w Work Confirmation and Disbursement Request Form NAATIL_ Community Development Commission (CDC) of National City Economic Development Loan (EDL} Program Date: Request # (Indicate 1 for first request, 2 for second request, etc.) Borrower: Signature: Make Check Payable to: EDL Funds are requested for reimbursement of loan approved expenses only. Reimbursement payment shall be made to the borrower on record. Payment to vendors, suppliers, or contractors are permissible only in cases where the borrower cannot pay for the- item up front in which case, the vendor/contractor must verify all cost and sign this form to validate the amount of actual invoice, consistent with the loan documents. Supporting documentation (invoke, receipt, work order, etc.) is/ are attached for the items listed below. Reimbursable item Amount Total Disbursement Requested Project work has been inspected and confirmed to be consistent with use of funds approved in the EDL loon documents. Approved by Date: 111CCC Project Manager Signature ATTACHMENT F Student Recommendations. Met to Date 1: 2, 1 Collateral Pledging Collateral I.:, Approx. Value: $. Collateral Z: Approx. Value: a Collateral 3: Approx. Value: $ TOTAL VALUE OF COLLATERAL ,$ Sales Tax Generated 2007: $. 2008: $ 2009'$_ 2010.$ Jobs Created / Retained 2007 # of FT 2008 # of FT 2009 # of FT 2010 # of FT #ofPT #ofPT #ofPT'. #ofPT OTHER NOTES: OTHER NOTES: ITEM #32 9-1-09 Updates on Safe Routes to School Grant and Office of Traffic Safety Grant (Development Division/Engineering) ITEM #33 9/1/09 CALIFORNIA NATIONAL eITY (- iNCp pO U�TEv TO: Mayor and City Council FROM: Chris Zapata, City Manager RE: City Council Meeting of August 18th Information Requests o Tow Contract o Executive Assistant III Hiring Process o Conflict of Interest Review DATE: August 27, 2009 This memo responds to Vice Mayor Sotelo-Solis' requests for information regarding the current Towing Contract and the Executive Assistant III hiring process. The City Attorney will respond to the Conflict of Interest question. These items were requested at the August 18, 2009 City Council meeting. The attachments and exhibits provide timelines, data and minute excerpts of specific staff and City Council actions related to this request. Please let me know if you require additional information or have questions. TOWING CONTRACT BACKGROUND National City currently has two tow operators — JC Towing and Moynahan's Towing. These companies were selected by the City Council in March of 2006 by a vote of 4 to 1. These two companies were selected after the City Council authorized a Request For Proposals process that began in November of 2005. During this selection process a legal challenge was filed by Road One Towing. This claim was defended by the City Attomey's Office and was dismissed by the San Diego Superior Court in July of 2006. In March of 2009, city staff recommended a 6 month extension to the existing contracts with JC Towing and Moynahan's Towing to allow for performance analysis of the two companies. The City Council voted 4 to 1 to extend the contract for an additional 18 month period as provided for in the contract. Exhibit A details activities related to this process. Office of the City Manager 1243 National City Boulevard, National City, CA 91950-4301 619/336-4240 Fax 619/336-4327 www.nationalcityca.gov Email cmo@nationalcityca.gov b�J EXECUTIVE ASSISTANT III HIRING PROCESS BACKGROUND By policy and practice, the City of National City Civil Service Commission is the authority charged with adopting and governing the City's Classification Plan. The Classification Plan is a system that includes the formal job titles and job descriptions of every position within the agency. Whenever possible, positions with the same or significantly similar scope of duties are grouped into the same job title or family (series) of job titles. The job description (class specification) for each job title is descriptive and explanatory of the general duties performed; knowledge, skills and abilities required; and minimum education and experience requirements. The City Council is the authority charged with approving the City's Salary Schedule. The salary schedule outlines for each job title the appropriate salary range. Salary ranges are established based on a number of factors including local market (San Diego County) comparisons, internal equity (how positions within the organization relate to one another i.e. supervisory/subordinate relationships) and recruitment and retention issues. The Human Resources Department (HR) is charged with the day to day administration of both the Classification Plan and the Salary Schedule. When new positions are created, HR determines the appropriate job title based on the proposed duties and responsibilities. If there is no job title within the Classification System that covers the proposed duties, HR creates a proposed new job title and job description. Any and all such titles and descriptions are presented to the Civil Service Commission for adoption prior to use. HR also proposes a salary range for such new job titles. Once the title and description are approved, the proposed salary range is presented to the City Council for adoption. No new position title or salary range is used prior to adoption by the Civil Service Commission and City Council, respectively. Similarly, existing positions can be studied by HR to determine if the duties actually being performed are consistent with the expectations of that job title and/or if the compensation (salary range) continues to be appropriate. Such studies can be triggered by HR, department management (the department with the position under consideration), an employee or the City's organized labor associations. From time to time, it is determined that the scope of a position has significantly changed, warranting a new title (reclassification). Just as with new positions, such a new title may be a title that already exists within the Classification Plan or it may be a brand new title, dependent on the new scope of duties. The same approvals by the Civil Service Commission and City Council are required. In October, 2007, Mayor Ron Morrison, in his capacity as head of the Mayor and Council Department, requested that HR study the two Senior Office Assistants and the one Administrative Secretary position assigned to the Office of the Mayor and Council to determine if they were properly classified. Staff of the HR department reviewed the request resulting in the chain of activity detailed in Exhibit B. EXHIBIT A Towing Contract Summary August 2009 2000 September 1, 2000 to August 31, 2005 contract with Moynahan -and -A to Towing-for--towing-services Contract -- extended for 6 months while City completed RFP. 1. November 2005 2. February 13, 200 3. March 9, 2006- 4. March 13, 2006 5. March 14, 2006 6. March 21, 2006- 7. July 10, 2006- 8., March 2007- 9. April 12, 2007- 10. May 17, 2007- 11. June 5, 2007- Purchasing and Police Department send Requests for Proposals (RFP's). 6-Sergeant Bishop submits recommendations for tow operators. Tow RFP protest letter by Luce Forward Memorandum by Captain Knight addressing tow protest. Memorandum to Mayor and Council members from Police Chief and Purchasing agent addressing tow protests. Council accepts recommendation to award towing contracts to JC Towing and Moynahan Towing. City Attorney's Office submits declaration that towing contract was awarded properly. Court agrees. Complaints that JC Towing is being waived off tows for exceeding the 20 minute goal by 5-10 minutes. Email to all sergeants and lieutenants requesting to be reasonable when waiving off (canceling tows). Memorandum to Watch Commanders (lieutenants) requesting they take responsibility for the towing issues. Department Announcement 07-70 specifying the Tow Rotation Schedule. 12. July 7, 2007- Josie Clark hired by the City 13. Feb.20, 2008- Lt. Roark e-mails Assistant Chief Rodriguez listing his concerns regarding Josie Clark's relationship with JC Towing and her position in the Mayor's Office. 14. March 12, 2008-Manager's Office addressed Lt. Roark's concerns and he was notified. 2 15. March 13, 2008- Department Announcement 08-24 simplifying Tow Rotation Schedule. 16. September 4, 2008-Request to extend current tow contract for 6 months. 17. September 11, 2008-Request from Councilman Ungab requesting towing use statistics in the past 6 months (3/1/08-5/31/08) JC Towing Moynahan's 499 467 18. March 2009-Council Exercises 18 month option in current tow contract. July 28, 2009-Lt. Roark notifies Command of his conversation with Reporter. Terms of Current Tow Contract: Contract Referral Fee to the City is $5,565 per quarter ($22,260 annually) per towing company for a yearly total of $44,520 (2x $22,260). Tow company collects a STOP(Serious Traffic Offender Program)fee of $150 for unlicensed/suspended license vehicles and a Negligent Vehicle fee of $55 for vehicles towed related to Vehicle Code and NCMC violations (total $205) for the city. Also if vehicle is held 30 days for the STOP program — 15% of total storage charges due to city. All fees collected by tow contractor. Response Times March 1, 2008 to February 28, 2009 (12 months): Moynahan's Towing JC Towing 1067 TQW calls for service 1035 47 Late responses 154 96% On -time response (percentage) 85% 10:39 Average response time in minutes 16 171 calls for service in CAD without response time 201 The above information shows that both tow companies had a similar amount of tow calls for service in the CAD system from March 1, 2008 to February 28, 2009. Moynahan's Towing had 32 more calls for service which is 3% more calls. This small difference indicates that the tow calls for service have been equitable throughout the previous year. JC Towing arrived beyond the contractual 20 minute response time 14.9% of the time as compared to Moynahan's Towing who arrived beyond the 20 minute response time 4.4% of the time. JC Towing had an average response time of 16 minutes compared to Moynahan's Towing having an average response time of 10:39. Command Structure The traffic Sergeant reports to the Day Watch Commander who reports to the Executive Lieutenant who reports to the Assistant Chief. Asst. Chief of Police Manuel Rodriguez Executive Lieutenant Lt David Espiritu NPT-1 Day Watch Commander Lt. Keith Fifield Traffic 1 Sergeant 3 Police Officers 1 STOP Program Coordinator Lieutenant Roark has not worked as a Day Watch Commander nor has been he been given any assignments relating to the tow contracts. In the past four years he has worked as the Operational Support Lieutenant, Investigations Lieutenant and is currently assigned as the Night Watch Commander. 5 EXHIBIT B October 18, 2007 October 18, 2007 After reviewing the duties of the positions and comparing them to those of other agencies, in response to the request, staff recommended to Mayor Morrison that: 1. A new series of clerical/administrative support be created for the elected officials 2. Accordingly, the two Senior Office Assistants be moved to a new classification titled Confidential Assistant 3. The Administrative Secretary responsible for leading the work of the other two staff positions be moved a new classification titled Senior Confidential Assistant 4. The Senior Confidential Assistant, given its direct access to the most sensitive information from the office of the City's highest elected official, be made an At -will position exempted from classified service (exempted from the Civil Service) Staff's recommendation was accepted by Mayor Morrison. Staff of the Human Resources Department met with the three impacted employees and informed them of the impending action, notifying them that the request would go before the Civil Service Commission on December 13, 2007 December 13, 2007 At a public meeting of the Civil Service Commission, staff requested: 1. The creation of two new classifications: Confidential Assistant and Senior Confidential Assistant 2. The exemption of the Senior Confidential Assistant position from classified service (making it an at -will position) 3. The reclassification of the two incumbent Senior Office Assistants assigned to the Office of the Mayor and City Council to Confidential Assistant 4. The reclassification of the incumbent Administrative Secretary assigned to the Office of the Mayor and City Council to Senior Confidential Assistant December 13, 2007 In a unanimous vote, the Civil Service Commission: 1. Rejected staff's request to create a new classification of Confidential Assistant for the two Senior Office Assistants assigned to the Offices of the Mayor and City Council 2. Accepted staff's recommendation to create a new classification of Confidential Assistant, for the Administrative Secretary assigned to the Offices of the Mayor and City Council (the word Senior was struck from the title when the Commission deemed that two levels were not warranted) 3. Accepted staffs recommendation to exempt the Confidential Assistant from classified service, thus making it At -will 4. Accepted staff's recommendation to reclassify the incumbent Administrative Secretary to Confidential Assistant, placing her in the new title without a competitive process January 22, 2008 Staff requested City Council approval of the salary band for the newly created Confidential Assistant position with a 15% salary increase in recognition of the loss of the Civil Service status. The request was approved by a unanimous vote. January 29, 2008 The effective date of the promotion of the incumbent to Confidential Assistant. June 4, 2009 The incumbent Confidential Assistant submitted a Request for Position Classification questionnaire to the Human Resources Department, requesting that the position be studied. June 8 — June 22, 2009 The Human Resources Department conducted a study of the position, reviewing the completed Request for Position Classification questionnaire, interviewing the incumbent and her supervisor and comparing the position to similar positions within the City structure. June 23, 2009 The Human Resources Department recommended that parity be achieved between the Confidential Assistant and the Executive Assistant IV, the classification most similar to the duties stated as being performed by the incumbent Confidential Assistant. July 1, 2009 The classification specification (job description) for Executive Assistant IV is narrowly written to cover staff responsible for providing secretarial, administrative and technical support to the City Manager. To achieve the recommended parity, staff requests that the Civil Service Commission amend the class specification for Executive Assistant IV to include secretarial, administrative and technical support of an elected official. July 1, 2009 In a public meeting, the Civil Service Commission denied staff's request to amend the Executive Assistant IV class specification. In its denial, the Commission the Commission spoke specifically of the Confidential Assistant position stating the following: • The position should remain At -will (Executive Assistant IV is a Civil Service classification). • A recommendation that the City Council consider increasing the salary of the Confidential Assistant to the level of Executive Assistant IV. July 9, 2009 Following the Civil Service Commission's denial of the broadening of the Executive Assistant IV classification, staff examined other classifications within the Executive Assistant series to determine those that were most closely aligned with the duties being performed by the Confidential Assistant. Based on the review, the position was reclassified to Executive Assistant III. July 15, 2009 A job announcement was posted for the recruitment and hiring of an Executive Assistant III in light of the reclassification of the position. NOTE: job announcements for both Executive Assistant III and Accountant Trainee were posted at the same time. Both were posted on the City's website and sent via email to all City employees. July 22, 2009 The recruitments for Executive Assistant II1 and Accountant Trainee closed. July 28, 2009 The Human Resources Department reviewed the ten applications received for Executive Assistant III, the names of the candidates meeting the minimum requirements outlined in the job announcement were certified and forwarded to Mayor Morrison for consideration. August 3, 2009 Mayor Morrison and a panel interviewed the candidates certified for Executive Assistant III. August 4, 2009 The Human Resources Department was notified by Mayor Morrison that the incumbent Confidential Assistant had been selected to remain in the position under the new classification of Executive Assistant III. August 11, 2009 The effective date of the promotion to Executive Assistant III with a salary range of $47,612.18 to $57,872.91, annually. Book 91 / Page 55 03-17-2009' CONSENT CALENDAR (cont.) CONTRACT (C89-12) 11.Resolution No. 2009-57. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SIX MONTH OPTION TO EXTEND THE CONTRACTS WITH TOM MOYNAHAN TOWING COMPANY AND JC TOWING FOR TOWING AND IMPOUND SERVICES FOR THE CITY. (Police) TESTIMONY: Augie Bareno, representing Moynahan Towing, objected to the time -frame and suggested one year or more rather than 6 months. ACTION: Motion by Van Deventer, seconded by Parra, to extend the terms to four six-month periods with a review in 18 months and adopt the Resolution with that change. Carried by the following vote, to -wit: Ayes: Morrison, Parra, Van Deventer, Zarate. Nays: Sotelo-Solis. Absent: None. Abstain: None. WARRANT REGISTER JULY 2008 — JUNE 2009 (202-1-23) 12. Warrant Register #34 for the period of 02/11/09 through 02/17/09 in the, amount of $1,011,288.03. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2008 — JUNE 2009 (202-1-23) 13. Warrant Register #35 for the period of 02/18/09 through 02/24/09 in the amount of $2,516,628.74. (Finance) ACTION: Ratified. See above. PUBLIC HEARINGS BLOCK GRANT PROGRAM ADMIN 2008 — 2009 (406-1-23) 14. Public Hearing — Fiscal Year 2008-2009 Annual Action Plan Amendment No. 2: Funding cycle for the CDBG-R Programs - Funding Recommendations. (Housing and Grants Division / Community Development Department) RECOMMENDATION: Conduct the Public Hearing and accept the funding recommendations for CDBG-R allocations totaling $296,780 TESTIMONY: None. ACTION: Motion by Van Deventer, seconded by Parra, to close the Public Hearing. Carried by unanimous vote. Motion by Parra, seconded by Sotelo-Solis, to approve staff recommendation for funding of basketball court resurfacing, a handicap access ramp at San Ysidro Health Clinic, pedestrian ramp and pedestrian crossing improvements and program administration. Carried by unanimous vote. Book 91 / Page 65 03-17-2009 ADJOURNMENT Motion by Van Deventer, seconded by Sotelo-Solis, to adiourn the meeting to an Adjourned Regular Meeting of the City Council and Community Development Commission to be held Saturday, March 21, 2009 at 9:00 a.m., Kimball Senior Center, 1221 D Avenue, National City. Carried by unanimous vote. The next Regular Meeting of the City Council and Community Development Commission to be held Tuesday, April 7, 2009 at 6:00 p.m., Council Chamber, Civic Center. The meeting closed at 8:06 p.m. City Clerk / Rec ding Secretary The foregoing minutes were approved at the Regular Meeting of April 21, 2009. Mayor / CDC Chairman Book 88/Page 57 3/21/06 CONDITIONAL USE PERMIT 2006-(403-21-1j 20. Public Hearing — Tentative Subdivision (continued) (Applicant: Westone Management Consultants) (Case File No. S-2003- 7/CUP-2003-26) (Planning) RECOMMENDATION: Deny the Tentative Subdivision Map. TESTIMONY: Debora Miller appeared on behalf of her parents, Betty and Jay Wright, and spoke in opposition. Beth Thomas, National City, spoke in opposition. Tom Reopelle appeared on behalf of Betty and Jay Wright and spoke in opposition. Alisha Tamony, National City, spoke in opposition. Toby Tamony, National City, spoke in opposition. ACTION: Motion by Natividad, seconded by Inzunza, to deny the Tentative Subdivision Map and Conditional Use Permit based on the same findings enumerated by staff and the Planning Commission. Carried by unanimous vote. NON CONSENT CALENDAR BLOCK GRANT PROGRAM ADMIN 2006 (406-1-21) 21. Resolution No. 2006-55: AUTHORIZING AND APPROVING A REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Funds. (City Manager) ACTION: Adopted earlier in the meeting. See above. BLOCK GRANT PROGRAM ADMIN.2006 (406-1-21) COMMUNITY DEVELOPMENT HOME INVESTMENT (406-2-4) 22. Resolution No. 2006-56: APPROVING THE 2006-07 CONSOLIDATED PLAN FUNDING ALLOCATION FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP ACT (HOME) PROGRAMS. (City Manager) RECOMMENDATION: City Council to allocate CDBG and Home programs' budgets. TESTIMONY: None. ACTION: Motion by Zarate, seconded by Parra, to adopt the Resolution. Carried by unanimous vote: CONTRACT (C89-12) TOWING SERVICES POLICY ADMIN (C89-12) (806-1-1) 23. Resolution No. 2006-57: ACCEPTING PROPOSALS FOR THE POLICE DEPARTMENT'S TOWING CONTRACT AND AWARDING CONTRACTS TO TWO PROVIDERS: MOYNAHAN TOWING AND JC TOWING. CONTRACT TERM: April 1, 2006 — March 31, 2009. (Purchasing/Police) Book 88/Page 58 3121 /06 TOWING SERVICES POLICY ADMIN (C89-12) (806-1-1) 23. Resolution No. 2006-57: (continued) RECOMMENDATION: Contracts be awarded to Monyahan Towing and JC Towing. TESTIMONY: Michael Sunshine, National City, spoke against the rates charged by the towing company. Augie Barreno, representing Moynahan Towing, spoke in support of the Resolution. Rodney Solenberger, representing American Towing, protested the award because the process was biased and unfair. Art Castanares, representing Road One, protested the process. ACTION: Mayor Inzunza requested a continuance to. review the process. There was no motion. Motion by Parra, seconded by Morrison, to adopt the Resolution. Carried by the following vote, to wit: Ayes: Morrison, Natividad, Parra, Zarate. Nayes: Inzunza. Absent: None. Abstain: None. Mayor Inzunza left the chamber at 8:50 PM. NEW BUSINESS LAS PALMAS POOL ADMIN (702-3-3) 24. Request by the National City Parks & Recreation Advisory Board to open the National City Municipal Pool from June though August, 2006. (Community Services) RECOMMENDATION: The Park and Recreation Advisory Board staff recommends that the City Council open the Municipal pool from June through August, 2006. TESTIMONY: None. ACTION: Motion by Parra, seconded Zarate, to open the Municipal pool for the months of July. August and September. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Parra, Zarate. Nayes: None. Absent: Inzunza. Abstain: None. AUDIT FINANCIAL REPORT FY2005 (208-1-19) 25. Annual Financial Reports and Audit Review for Fiscal Year Ended June 30, 2005. (Finance) RECOMMENDATION: Approve and file the Audit. TESTIMONY: Mike Harrison, representing the auditor, reviewed the audit. ACTION: Motion by Natividad, seconded by Zarate to file the Annual Financial Report. Carried by the following vote, to -wit: Ayes: Morrison, Natividad, Parra, Zarate. Nayes: None. Absent: Inzunza. Abstain: None. Book 88/Page 60 3121 /06 Members retired into Closed Session at 9:05 p.m. ADJOURNMENT The meeting was adjourned in memory of Mrs. Bobbie Reed, wife of Mr. Ed Reed, Director of the National City Community Band. The Community Development Commission was adjourned to a Workshop to be held Saturday, March 25, 2006 — 8:00 a.m. — Senior Center, 1221 "D" Avenue, National City. ADJOURNMENT The meeting was adjourned to the next Regular City Council Meeting, to be held on Tuesday, April 4, 2006 at 6:00 p.m., Council Chambers, Civic Center. CITY LEK / RECORDING SECRETARY The forgoing minutes were approved a the Regular Meeting of June 20, 2006 M • R / CHAIRMAN ALL CITY COUNCIL MEETINGS ARE TAPE-RECORDED. YOU MAY LISTEN TO THE TAPES IN THE CITY CLERK'S OFFICE. COPIES OF THE TAPES MAY BE PURCHASED FROM THE CITY CLERK 13 Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate ll coRPORATtu Office of the City Attorney TO: Mayor and City Council FROM: City Attorney SUBJECT: Reporting Economic Interests Under the City's Conflict of Interest Code City Attorney George H. Eiser, III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette DATE: August 25, 2009 Introduction At the August 18, 2009 City Council meeting, Vice -Mayor Sotelo-Solis requested a report on the legal issues involved in adding classifications to the list of those employees required to file a Statement of Economic Interests pursuant to the City's Conflict of Interest Code. Specifically, the Vice -Mayor's request focused on the Executive Assistant positions working directly for the Mayor, City Manager, and the City Attorney; these would be the Executive Assistant III and IV positions. The Basic Conflict of Interest Rule The basic rule for conflicts of interest is set forth in the first section of the Political Reform Act, Section 87100 of the California Government Code (all statutory references are to the Government Code, unless otherwise indicated). Section 87100 sets forth the rule as follows: No public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest. With certain exceptions not relevant here, "public official" means every member, officer, employee, or consultant of a state or local government agency, (Section 82048). The City's Conflict of Interest Code The Political Reform Act requires various city officials to file an annual Statement of Economic Interests ("SEI"). Those required to file statements are divided into two groups — those required to file under Government Code Section 87200 (mayors, council members, planning commissioners, city managers, city attorneys, and those who 1243 National City Boulevard; National City, California 91950-4301 Tel: (619) 336.4220 Fax: (619) 336.4327 manage public investments), and those required to file under Government Code Section 87300. The reporting requirements of the Section 87200 filers are established by State law. The reporting requirements of the Section 87300 filers are established by conflict of interest codes adopted by each city. The conflict of interest code contains a list of "designated positions" which are subject to the code. The individuals who occupy those positions are required to file a SEI. What information those individuals must report on their SEI is also identified in the code under "disclosure categories." The categories of financial interests that must potentially by disclosed are: investments; interests in real property (except a personal residence); sources of income, including gifts; and business positions. Whether all or only some of these interests must be reported, and to what extent they must be reported, is determined on a case -by -case basis according to classification. The criteria for determining whether an officer, employee, board member, or consultant should file a statement of economic interests under a conflict of interest code are set forth in Sections 18700 and 18702 through 18702.4 of Title 2 of the California Code of Regulations. (Title 2 of the California Code of Regulations ["CCR"] are the administrative regulations adopted by the FPPC to implement the Political Reform Act). Essentially, if in carrying out the duties of their position, the individual is involved in making, participating in the making, or using or attempting to use his/her official position to influence a governmental decision which he/she knows or has reason to know he/she has a disqualifying conflict of interest, then the individual is subject to the reporting regpirement. In adopting a conflict of interest code, the City Council makes the factual determination as to whether these criteria are present, thus requiring inclusion of a classification in the code. The CCR contains certain sections which may provide some guidance to the City Council in making this determination. Section 18702.1 provides that a public official "makes a decision" when the official, acting within the authority of his or her office, votes on a matter; appoints a person; obligates his or her agency to any course of action; enters into any contract on behalf of the agency; or determines not to act on any of the above, unless such determination not to act is made because of his or her financial interest. Section 18702.2 states that a public official "participates in making a governmental decision" when, acting within the authority of his or her position, he or she negotiates, without significant substantive review, with a governmental entity or private person regarding a governmental decision. A public official also participates in making a governmental decision when he or she advises or makes recommendations to the decision -maker either directly or without significant intervening substantive review, by conducting research or making any investigation which requires the exercise of judgment on the part of the official in order to influence a governmental decision; or prepares or presents any report, analysis, or opinion, orally or in writing, which requires the exercise of judgment in order to influence a governmental decision. Section 18702.3 sets forth the factors to consider in determining when a public official is "using or attempting to use his/her official position to influence a governmental decision. With regard to a governmental decision which is within or before an official's agency or an agency appointed by or subject to the budgetary control of his or her agency, the official is attempting to use his or her official position to influence the decision if, for the purpose of influencing the decision, the official contacts, or appears before, or otherwise attempts to influence, any member, officer, or employee or consultant of the agency; or if, for the purpose of influencing the decision, the official acts or purports to act on behalf of, or as the representative of, his or her agency to any member, officer, employee or consultant of an agency. Such actions include, but are not limited to, the use of official stationery. Section 18702.4 enumerates the actions which are not considered "making or participating in making a governmental decision," as follows: (1) Actions of public officials which are solely ministerial, secretarial, manual, or clerical. (2) Appearances by a public official as a member of the general public before an agency in the course of its prescribed governmental function to represent himself or herself on matters related solely to the official's personal interests. (3) Actions by public officials relating to their compensation or the terms or conditions of their employment or contract. Section 18702.4 also provides that an official is not attempting to "use his or her official position to influence a governmental decision" when engaged in the following activities: (1) Appearing in the same manner as any other member of the general public before an agency in the course of its prescribed governmental function solely to represent himself or herself on a matter which is related to his or her personal interests. (2) Communicating with the general public or the press. (3) Negotiating his or her compensation or the terms and conditions of his or her employment or contract. (4) Preparing drawings or submissions of an architectural, engineering or similar nature to be used by a client in connection with a proceeding before any agency. (5) Appearing before a design or architectural review committee or similar body of which he or she is a member to present drawings or submissions of an architectural, engineering or similar nature which the official has prepared for a client. Applying these criteria to the Executive Assistant IIT and Executive Assistant IV classifications in order to determine whether they should be included in the City's Conflict of Interest Code, the "class specification" (another way of saying the job description, typical duties, and minimum qualifications) for each of these classifications must first be reviewed. In summary, the main characteristics of the Executive Assistant III classification are the following: • Performs responsible, confidential, and administrative support for executive level officials. • Carries out technical duties with significant autonomy. • Serves as primary contact and liaison with City staff, the general public, and outside agencies. • Typical duties include preparation of confidential and other documents; general secretarial duties; administrative support duties; maintaining confidential and other documents, files, record, reports and logs; assisting department head with administrative work, including investigating and answering complaints and providing assistance in resolving administrative and operational problems; representation of the department before City groups and other public and private groups; advising City staff and the public regarding department and City procedures, regulations, and policies; following up on sensitive complaints, inquiries, and requests for information and assistance; may supervise support staff. The Executive Assistant IV classification is a single -position class reporting to the City Manager. The major characteristics of the Executive Assistant IV classification are sufficiently similar to those of the Executive Assistant III that listing them is not warranted. However, there are several significant features that distinguish the Executive Assistant IV classification, which are as follows: • Duties involve greater difficulty and more responsibility. • Considerable initiative, independent judgment, and interpersonal skills are required in working with elected officials, City staff, and the public. • Duties typically require a greater exercise of discretion. • May involve training and evaluation of subordinate clerical personnel. The duties listed above demonstrate that the Executive Assistant 1II and IV classifications are intended for employees who will play an integral role in the functioning of City departments and the City Manager's office. However, the class specification for neither classification expressly includes "the making or participating in the making of governmental decisions," or "using or attempting to use their official position to influence a governmental decision," which are the statutory criteria for placing a classification in the Conflict of Interest Code. The determination must therefore be based upon the activities in which the individual is actually engaged. It is a generally accepted fact in the area of human resources, as an employee gains greater job knowledge and experience and is relied upon to a greater extent by their supervisor, that the employee will be assigned job duties in addition to those stated in the job description. Further, in performing customary duties as well as these additional duties, the employee will over time act more independently, assume more responsibility, and exercise more discretion. The initial inquiry focused on the Executive Assistant III and IV classifications, limited to those three positions which involve working directly for the Mayor, City Manager, and City Attorney. Because these three officials routinely deal with those issues having the greatest impact upon the City, it may be more likely than with other employees that the Executive Assistants working for these official will assume duties involving more responsibility and be in a position to influence a decision. If, upon consideration, the City Council finds these factors to be present or potentially present with those Executive Assistant III and IV positions working for the Mayor, City Manager, and City Attorney, then the Council could appropriately amend the City's Conflict of Interest Code to include these positions. GEORGE H. EISER, I1I City Attorney GHE/ama rr� ITEM #34 9/1/09 CLOSED SESSION REPORT (City Attorney)