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HomeMy WebLinkAbout2010 07-06 CC CDC AGENDA PKTAgenda 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 — July 6, 2010 — 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 interpretation en espanol 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 Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcitvca.gov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 7/6/2010 - Page 2 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. 1. Approval of the Minutes of the Adjourned Regular City Council/Community Development Commission Meeting of June 22, 2010. (City Clerk) 2. 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) 3. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of blue curb handicap parking space with sign in front of the residence at 1112 E. 2nd Street. (TSC Item No. 2010-12) (Development Services/Engineering) 4. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of blue curb handicap parking space with sign in front of the residence at 1023 D Avenue. (TSC Item No. 2010-13) (Development Services/Engineering) 5. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of 30 feet of red curb "No Parking" to improve sight distance at the Valerio's City Bakery driveway, located at 1631 E. 8th Street. (TSC Item No. 2010-14) (Development Services/Engineering) 6. Resolution of the City Council of the City of National City accepting conveyance of real property from Edwin B. and Marion F. Korte, authorizing the recordation of a street easement for a parcel of land for street purposes on the westerly end of Lot 373 of Map 1748 Lincoln Acres Annex No. 2 and dedicating and naming the parcel of land as Harbison Avenue. (Development Services/Engineering) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 7/6/2010 - Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City authorizing the Mayor to enter into an Agreement not to exceed $50,000 between the City of National City and Meyers Nave Professional Law Corporation for Legal Services in the specialized area of Labor Law. (Human Resources) 8. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Sub -Grant Agreement in an amount not to exceed $200,000 between the City of National City and the Community Development Commission of the City of National City for remediation of hazardous materials and petroleum on the CDC -owned property located at 835 Bay Marina Drive. (Funding from US Environmental Protection Agency) (Redevelopment Division) **Companion Item #21 ** 9. Resolution of the City Council of the City of National City accepting the $15,000 grant from the San Diego Unified Port District for the free, annual Bayfront Concert, and authorizing staff to proceed with planning the event to be held at Pepper Park on September 18, 2010 from approximately 2 pm — 6 pm. (exact time to be determined). (Community Services) 10. Resolution of the City Council of the City of National City authorizing the 30-day review and public comment of the National City Police Department's grant application toward the purchase of crime analysis software, records scanning hardware and software and related crime mapping, plotting and reporting hardware and software utilizing $52,065.00 from the 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. (Police) 11. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with GovPartner.com Inc. in the amount of $340,000 which includes. system implementation cost ($120,000) plus annual hosting fee ($44,000/yr.) for five years to implement an integrated customer service information system to facilitate land use, zoning management, permit tracking, code enforcement, business and pet licensing, citizen request and work order management. (Information Technology/City Manager) 12. WARRANT REGISTER #48 Warrant Register #48 for the period of 05/26/10 through 06/01/10 in the amount of $2,454,661.65. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 7/6/2010 - Page 4 CONSENT CALENDAR (Cont.) 13. WARRANT REGISTER #49 Warrant Register #49 for the period of 06/02/10 through 06/08/10 in the amount of $587,461.99. (Finance) PUBLIC HEARING 14. Public Hearing to consider the 12 month 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 #15** INTERIM ORDINANCE FOR ADOPTION 15_ An Ordinance of the City Council of the City of National City adopted pursuant to Government Code Section 65858 as an Urgency Measure extending for 12 months a moratorium prohibiting establishments dispending marijuana for medical purposes in National City. (City Attorney) **Companion Item #14** NEW BUSINESS 16. Notice of Decision — Planning Commission approval of a Conditional Use Permit to operate a dance studio located at 3142 East Plaza Blvd., Suite A. (Applicant: Carla Perez) (Case File 2010-12 CUP) (Development Services/Planning) 17. Notice of Decision — Planning Commission approval of a Conditional Use Permit to operate a fiberglass manufacturing business at 1921 Cleveland Avenue. (Applicant: Jose Flores) (Case File 2010-10 CUP) (Development Services/Planning) 18. Temporary Use Permit — Baptism and BBQ sponsored by Cornerstone Church of San Diego at Las Palmas Park on July 31, 2010 from 12 p.m. to 7 p.m. with no waiver of fees. A Facilities Use Permit is required for the use of the municipal pool. (Neighborhood Services) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 7/6/2010 - Page 5 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 19. Authorize the reimbursement of Community Development Commission expenditures in the amount of $782,108.36 to the City of National City for the period of 05/26/10 through 06/01/10. (Finance) 20. Authorize the reimbursement of Community Development Commission expenditures in the amount of $352,958.30 to the City of National City for the period of 06/02/10 through 06/08/10. (Finance) 21. Resolution of the Community Development Commission of the City of National City accepting a grant and authorizing the Executive Director to execute a Sub - grant Agreement not to exceed $200,000 from the City of National City for the remediation of hazardous materials and petroleum on property at 835 Bay Marina Drive. (Funding from US Environmental Protection Agency). (Redevelopment Division) **Companion Item #8** STAFF REPORTS 22. Closed Session Report (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Regular City Council and Community Development Commission Meeting — Tuesday — July 20, 2010 — 6:00 p.m. Council Chambers — National City, California. ITEM #1 7/6/10 APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF JUNE 22, 2010. (CITY CLERK) ITEM #2 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 7/6/10 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 MEETING DATE: July 6, 2010 AGENDA ITEM NO. 3 EM 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 1112 E. 2nd Street (TSC Item No. 2010-12) PREPARED BY: Stephen Manganiello, Traffic Engineer/PO DEPARTMENT: PHONE: 619-336-4382 APPROVED B EXPLANATION: See attached. �ivision ervY es/ —I FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on June 16, 2010 the Traffic Safety Committee approved the staff recommendation to install a blue curb handicap parking space with sign in front of the residence at 1112 E. 2nd Street. ATTACHMENTS: Explanation L. Resolution 3. Staff Report to the Traffic Safety Committee (June 16, 2010) Explanation Mrs. Grace Marvin, resident of 1112 E. 2nd Street requested the installation of a blue curb handicap parking space in front of her home. Mrs. Marvin is 89 years old and has owned her home since 1949. Mrs. Marvin has suffered two severe injuries which have restricted her mobility to a wheelchair. Mrs. Marvin has a valid Disabled Person Placard from the State of California Department of Motor Vehicles. Staff visited the site and observed that there is no "useable" parking available on the property. The garage is too narrow to accommodate a standard vehicle with wheelchair access and the slope of the driveway is too steep to accommodate wheelchair access. Currently, there are no blue curb handicap parking spaces provided nearby. The City Council's Disabled Persons Parking 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 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 1112 E. 2nd Street. All work will be completed by the City Public Works Department. TSC 2010-12 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGN IN FRONT OF THE RESIDENCE AT 1112 EAST 2ND STREET WHEREAS, a resident with a valid Disabled Person Placard from the State of California Department of Motor Vehicles, and has requested the installation of a blue curb handicap parking space in front of her home at East 2nd Street; and WHEREAS, after conducting an inspection and review, staff determined that all conditions have been met for the property to qualify for a blue curb handicap parking space; and WHEREAS, at it's meeting on June 16, 2010, the Traffic Safety Committee approved staffs recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of a blue curb handicap parking space with sign in front of the residence at 1112 East 2nd Street. PASSED and ADOPTED this 6th day of July, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva Acting City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JUNE 16, 2010 ITEM NO. 2010-12 ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 1112 E. 2ND STREET (BY G. MARVIN) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mrs. Grace Marvin, resident of 1112 E. 2rd Street has requested the installation of a blue curb handicap parking space in front of her home. Mrs. Marvin is 89 years old and has owned her home since 1949. Mrs. Marvin has suffered two severe injuries which have restricted her mobility to a wheelchair. Mrs. Marvin has a valid Disabled Person Placard from the State of California Department of Motor Vehicles. Staff visited the site and observed that there is no "useable" parking available on the property. The garage is too narrow to accommodate a standard vehicle with wheelchair access and the slope of the driveway is too steep to accommodate wheelchair access. Currently, there are no blue curb handicap parking spaces provided nearby. 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. 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 1112 E. 2'd Street. EXHIBITS: 1. Correspondence 2. Location Map 3. Photo 4_ Disabled Persons Parking Policy 2010-12 1 May 4, 2010 City of National City Attn: Traffic Engineering / Traffic Safety Committee 1243 National City Blvd. National City, CA_ 91950 To whom it may concern: My name is Grace M. Marvin. I am a proud National City resident and have resided in the same home at 1 1 12 E. 2"d Street since 1949. I am 89 years old and will tum 90 on August 4`h this year. Until recently, I was an avid walker, walking several miles a week around National City. I recently suffered a fall, which resulted in a broken hip. 1 am restricted to a wheelchair. Unfortunately, this is the second fall I have experienced within the last two years. The first fall resulted in a broken leg. I own a vehicle and I am still a licensed driver. Additionally, my adult sons are now caring for me at my home during my recovery. I recently acquired a disabled placard from the Department of Motor Vehicles. As one might imagine, my mobility and independence is now severely limited. I have asked my surrounding neighbors now and in the past to please leave ample space in front of my residence for my vehicle or for those caring for me. Unfortunately, this request has not been given much attention and I often find myself with inadequate parking in front of my own home. This makes it very difficult to access my home or vehicle in a reasonable and safe manner. I am requesting an official handicap designated area of the curb in front of my residence. This will allow proper clearance, safety and case of transfer to and from my wheelchair. Thank you for your time and consideration. Sincerely, Grace M. Marvin 1112 E. 2nd Street National City, Ca. 91950 477-8916 Stephen Manganiello From: Lanny Roark Sent: Wednesday, May 05, 2010 4:36 PM Stephen Manganiello ct: disabled parking request Attachments: Letter Marvin_DOC Hi Steve, as we discussed, please find the attached letter. t drafted it on Mrs. Marvin's behalf. I have been to Mrs. Marvin's home and have confirmed the information and circumstances. She is in possession of the proper and current handicap parking placard. Thank you for your assistance — Lanny God Bless America Lanny Roark, Lieutenant Office of Neighborhood Policing / Homeland Security National City Police Department 1200 National City Blvd. National City, Ca. 91950 (619) 336-4524 5/6/2010 Location Map 1112 E. 2nd Street (looking south) 5 DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq_ at the following facilities: 1. Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more than 75-bed capacity. 3. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block_ Community service facilities such as senior citizens service centers, etc. Accredited vocational training and educational facilities where no off- street parking is provided kir disabled persons. Employment offices 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. Other places of assembly such as schools and churches_ 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 6 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition_ When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature_ The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used_ Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program_ Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right jof-way, especially in residential areas_ However, exceptions may be made, in special hardship cases, provided all of the following conditions exists (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans " (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. 7 (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 8 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 6, 2010 AGENDA ITEM NO. 4 EM 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 1023 D Avenue (TSC Item No. 2010-13) PREPARED BY: Stephen Manganiello, Traffic Engineer/7A DEPARTMENTD PHONE: 619-336-4382 APPROVED BY: EXPLANATION: See attached. Servi es M ristoa FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on June 16, 2010 the Traffic Safety Committee approved the staff recommendation to install a blue curb handicap parking space with sign in front of the residence at 1023 D Avenue. ATTACHMENTS: xplanation z. resolution 3. Staff Report to the Traffic Safety Committee (June 16, 2010) Explanation Mrs. Betty Ann Bayliss, resident of 1023 D Avenue requested the installation of a blue curb handicap parking space in front of her home. Mrs. Bayliss is elderly and suffers from back and leg problems. She also needs an oxygen tank to address her respiratory illness. Mrs. Marvin relies on a walker and/or wheelchair for mobility. Mrs. Marvin has a valid Disabled Person Placard from the State of California Department of Motor Vehicles. Staff visited the site and observed that there is no "useable" parking available on the property. The driveway and garage are too short to accommodate a standard vehicle. Currently, there are no blue curb handicap parking spaces provided nearby. The City Council's Disabled Persons Parking 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 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 1023 D Avenue. All work will be completed by the City Public Works Department. TSC 2010-13 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGN IN FRONT OF THE RESIDENCE AT 1023 D AVENUE WHEREAS, a resident with a valid Disabled Person Placard from the State of California Department of Motor Vehicles, and has requested the installation of a blue curb handicap parking space in front of her home at 1023 D Avenue; and WHEREAS, after conducting an inspection and review, staff determined that all conditions have been met for the property to qualify for a blue curb handicap parking space; and WHEREAS, at it's meeting on June 16, 2010, the Traffic Safety Committee approved staff's recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of a blue curb handicap parking space with sign in front of the residence at 1023 D Avenue. PASSED and ADOPTED this 6th day of July, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva Acting City Attorney 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JUNE 16, 2010 ITEM TITLE: ITEM NO. 2010-13 REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 1023 D AVENUE (BY B. BAYLISS) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mrs. Betty Ann Bayliss, resident of 1023 D Avenue has requested the installation of a blue curb handicap parking space in front of her home. Mrs. Bayliss is elderly and suffers from back and leg problems. She also needs an oxygen tank to address her respiratory illness. Mrs. Marvin relies on a walker and/or wheelchair for mobility. Mrs. Marvin has a valid Disabled Person Placard from the State of California Department of Motor Vehicles Staff visited the site and observed that there is no "useable" parking available on the property. The driveway and garage are too short to accommodate a standard vehicle. Currently, there are no blue curb handicap parking spaces provided nearby. 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. 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 1023 D Avenue. EXHIBITS: 1. Correspondence 2. Location Map 3. Photo 4. Disabled Persons Parking Policy 2010-13 1 iftCi IVID WN i i iv y a y 1, s \'\ O JUAr. . 213 -ALA e 1\—\. c C •-* R Ct ( 5-0 Q e \� 11a �ifi1°a 5 Ltti {t` �S S \\ ��_ y 1 � �5 \e- ice C kr,, \1\h1 tom,. vv-\ \_\ U 6_, o �iZ7 _� 1'\ C S { .-\Q \ \1 � S \ _ t kr-L5 \ -A- \ \ \I o V: c'L\ Y� _ A4' \\C v��1tio_ Z_ GS ,v\z\ \-\ it \ti QZ C 1�IA G \I ))e_ A Svci` \ C ,S \cL e-k-L ----.. _-. z-.1� _L ..._CA V\ VV,is vY\ `\ NJ-3 _tiz \. ` ; u \• AT'\ e S D ,L7 \. U r \ tj \\:\ .` t -e_ c)\- b s S vv\ •e_ vv-% e c\ss-\ `\ \\IN- \< r. \,tip \,\_> (\__� 1� oLCV- LA -1A--lPC\ GL� c c' _ kt c _ c‘ 2 TYPE: N 1 TV: 92 DOB: 12/ 13/ 1927 ISSUED TO BAYLISS BETTY ANN 1023 D AVE NATIONAL CITY CA 91950 Purchase of fuel Business & Professions Code 13660): $ law requires service stations to refuel a disabled person's vehicle at self-service rates, except self-service facilities with only one cashier. DEPARTMENT OF MOTOR VEHICLES DISABLED PERSON PLACARD IDENTIFICATION CARD/RECEIPT PLACARD NUMBER: 003652H EXPIRES: 06/30/201 1 DATE ISSUED: 03/28/2009 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 given tc 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. 003 OPP000 Rev(3/I 3 Location Map 1023 D Avenue (looking east) 5 DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, el seq. at the following facilities: Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. Hospitals and convalescent homes with more than 75-bed capacity. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. 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. Employment offices 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 square feet of usable floor space Zone shall be located to serve a maximum number of facilities on one block_ 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 6 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements_ General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant) Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the arca. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities_ In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (I) 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 MEETING DATE: July 6, 2010 AGENDA ITEM NO. 5 EM TITLE: Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of 30 feet of red curb "No Parking" to improve sight distance at the Valerio's City Bakery driveway, located at 1631 E. 8th Street (TSC Item No. 2010-14) PREPARED BY: Stephen Manganiello, Traffic Engineer/1/ PHONE: 619-336-4382 EXPLANATION: See attached. APPROVED BY DEPARTMENTDevelo Epg ces/ slop. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on June 16, 2010 the Traffic Safety Committee approved the staff recommendation to approve installation of 30 feet of red curb "No Parking" to improve sight distance. ATTACHMENTS: Explanation Z. Resolution 3. Staff Report to the Traffic Safety Committee (June 16, 2010) Explanation Mr. Jaime Valerio, owner of Valerio's City Bakery, located at 1631 E. 8th Street, has requested red curb "No Parking" at his driveway to improve sight distance. The posted speed limit is 35 mph. Staff visited the site and agrees that sight distance is obscured due to parked vehicles. Staff recommends installation of 30 feet of red curb "No Parking" between Valerio's driveway and the driveway directly to the east to improve sight distance. All work will be completed by the City Public Works Department. TSC 2010-14 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE THE INSTALLATION OF 30 FEET OF RED CURB "NO PARKING" TO IMPROVE SIGHT DISTANCE AT VALERIO'S CITY BAKERY DRIVEWAY LOCATED AT 1613 EAST 8TH STREET WHEREAS, Mr. Jamie Valerio, owner of Valerio's City Bakery located at 1613 D Avenue, requested red curb "No Parking" at the driveway to improve sight distance which is impaired due to parked vehicles; and WHEREAS, after inspecting the sight, staff recommends the installation of 30 feet of red curb "No Parking" between Valerio's City Bakery driveway and the driveway directly to the east to improve sight distance; and WHEREAS, at it's meeting on June 16, 2010, the Traffic Safety Committee approved staff's recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of 30 feet of red curb "No Parking" between Valerio's City Bakery driveway located at 1613 D Avenue and the driveway directly to the east to improve sight distance. PASSED and ADOPTED this 6th day of July, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva Acting City Attomey 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JUNE 16, 2010 ITEM TITLE: ITEM NO. 2010-14 REQUEST FOR RED CURB "NO PARKING" TO IMPROVE SIGHT DISTANCE AT THE DRIVEWAY TO VALERIO'S CITY BAKERY LOCATED AT 1631 E. 8T1+ STREET (BY J. VALERIOI PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mr. Jaime Valerio, owner of Valerio's City Bakery, located at 1631 E. 8th Street, has requested red curb "No Parking" at his driveway to improve sight distance. Staff visited the site and agrees that sight distance is obscured due to parked vehicles. Staff recommends installation of 30 feet of red curb "No Parking" between Valerio's driveway and the driveway directly to the east to improve sight distance. STAFF RECOMMENDATION: Staff recommends installation of 30 feet of red curb "No Parking" between Valerio's driveway and the driveway directly to the east to improve sight distance. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2010-14 1 • 1631 East 8 ` Street • National City, CA 91950 619.477.8588 ;Phone) • 619.482.7797 (Fox) • Valerios.corn 2 Location Map Valerio's City Bakery 1631 E. 8`h Street t,ttvAt CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 6, 2010 AGENDA ITEM NO. 5 'EM TITLE: Resolution of the City Council of the City of National City accepting conveyance of real property from Edwin B. and Marion F. Korte, authorizing the recordation of a street easement for a parcel of land for street purposes on the westerly end of Lot 373 of Map 1748 Lincoln Acres Annex No. 2 and dedicating and naming the parcel of land as Harbison Avenue PREPARED BY: Charles Nissley PHONE: 336-4396 EXPLANATION: DEPARTMENT: Development Srjces/ Enginnrpg�vi�ron APPROVED BY: Edwing B. and Marion F. Korte are the owners of the property located at 2240 Rachael Avenue have offered to the City of National City a street easement for the dedication of the existing Westerly 20 feet of their property on Harbison Avenue for City right-of-way purposes. The dedication of the land was a condition for the approval of the building permit for a new garage on the property. The parcel of land offered for dedication is 20 feet wide and 66 feet long. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: esolution ,treet Easement 3. Plat RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY FROM PROPERTY OWNERS EDWIN B. AND MARION F. KORTE, DIRECTING THE RECORDATION OF A STREET EASEMENT FOR A PORTION OF LAND FOR STREET PURPOSES AT THE WESTERLY END OF LOT 373 OF MAP 1748 LINCOLN ACRES ANNEX NO. 2, AND DEDICATING AND NAMING THE PARCEL OF LAND AS HARBISON AVENUE BE IT RESOLVED by the City Council of the City of National City that pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance, and to record the following instrument conveying an interest real estate to the City of National City: STREET EASEMENT dated July 6, 2010, from Edwin B. and Marion F. Korte (A.P.N. 558-330-32-00). BE IT FURTHER RESOLVED as follows: 1. That Edwin B. and Marion F. Korte have conveyed the real property described in the attached Exhibit "A" to the City of National City for right-of-way purposes. 2. That the City of National City desires that said property be dedicated for public right-of-way purposes. 3. That the described real property in Exhibit "A" shall henceforth be known as a portion of Harbison Avenue. PASSED and ADOPTED this 6th day of July, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva Acting City Attorney VAN NESS APN 558 330 32 00 PORTION MAP 1748 LINCOLN ACRES ANNEX NO 2 360 361 362 363 364 365 366 367 368 w z w HARBISON 377 376 375 374 373 372 371 370 369 24TH STREET w z w -J w U AREA OF DEDICATION SEE DETAIL "A" DETAIL "A" RECORDING REQUESTED BY City of National City 1243 National City Blvd. National City, Ca. 91950 WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: SAME AS ABOVE SPACE ABOVE THIS LINE FOR RECORDER'S USE STREET EASEMENT APN 558 330 32 00 The undersigned grantor(s) declare(s): Document transfer tax is $ NONE City of National City, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, EDWIN B. AND MARION F. KORTE, HUSBAND AND WIFE hereby GRANT(S) to THE CITY OF NATIONAL CITY, an easement for street purposes to build, construct, erect and maintain public utilities and miscellaneous street and surface improvements for public access over, across, through, under and above that certain real property as described below and further shown in Exhibit A. The westerly twenty feet of Lot 373 of Map 1748, Lincoln Acres Annex No. 2 . Dated 67,9/.ono State of California County of SAN D[EGO ) S.S. On G/P/'ZCVO before me �u, 7 64411 Notary Public, persona ly appeared rrrs�rn f leeyiQ� clui ,ecryt who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s)4s/are subscribed to the within instrument and acknowl- edged to me that he-/ she/ they executed the same in h G-/ Ir«r / their auth- orized eapacity(ies), and that by ha-ther / their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the Taws of the State of California that the foregoing paragraph is true & correct. WITNESS my hand and official seal. MAIL TAX STATEMENT TO, Signature of Grantors) GYUIN CHOI Commission # 1809780 Notary Public - California San Diego County My Comm. Expires Aug 16. 2012 {This area for official notarial seal) 1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 6, 2010 AGENDA ITEM NO. 7 "EM TITLE: Resolution of the City Council of the City of National City Authorizing the Mayor to Enter into an Agreement Not to Exceed $50,000 Between The City Of National City And Meyers Nave Professional Law Corporation For Legal Services in the Specialized Area of Labor Law PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: DEPARTMENT: H APPROVED BY, Resour. es The City of National City engages outside legal support for some specialized areas. Since August, 2009, Meyers Nave Professional Law Corporation has served as the City's subject matter expert in the area of labor law. This agreement continues that relationship, providing support to the City Council, City Manager and staff in performing such functions as the full range of services related to the negotiation, drafting and implementation of agreements with employee labor associations and proactively advising on current legal trends and issues related to labor negotiations and agreements. This one year agreement includes the option to extend up to three years in one year increments. FINANCIAL STATEMENT: ACCOUNT NO. 001 409 000 213 APPROVED:_ APPROVED: Legal services will be billed on an hourly basis, not to exceed $50,000. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: P 6- finance MIS STAFF RECOMMENDATION: BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: ;reement for Legal Services ,�csolution RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT NOT TO EXCEED $50,000 WITH MEYERS NAVE PROFESSIONAL LAW CORPORATION FOR LEGAL SERVICES IN THE SPECIALIZED AREA OF LABOR LAW WHEREAS, the City desires to employ a law firm specializing in the area of labor law to provide a full range of services related to the negotiation, drafting, and implementation of agreements with employee labor associations, and proactively advising on current legal trends and issues related to labor negotiations and agreements; and WHEREAS, it has been determined that Meyers Nave Professional Law Corporation is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services for the not -to -exceed amount of $50,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement between the City of National City and Meyers Nave Professional Law Corporation in the not -to -exceed amount of $50,000 to provide a full range of services related to the negotiation, drafting, and implementation of agreements with employee labor associations, and proactively advising on current legal trends and issues related to labor negotiations and agreements. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of July, 2010. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva Acting City Attorney Ron Morrison, Mayor follows: AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT FOR LEGAL SERVICES (the "Agreement") is made between THE CITY OF NATIONAL CITY, a municipal corporation (the "City") and Meyers Nave Professional Law Corporation, (the "Firm"). This Agreement sets forth the parties' mutual understanding concerning legal services to be provided by the Firm and the fee arrangement for said services. Article 1. Retainer. The City hereby retains the Firm to assist in representing the City in connection with labor relations and negotiations services , subject to this Agreement. Article 2. Scope of Services. The City shall have the right in its sole discretion to determine the particular services to be performed by the Finn under this Agreement. These services may include the following: perform the full range of services related to the negotiation, drafting and implementation of an MOU, including proactively advising on current legal trends and issues related to labor negotiations and agreements. Specific responsibilities include, but are not limited to: 1. Representing the City as Lead Negotiator in City negotiations with formally recognized employee labor associations. 2. Advising the City on all aspects of labor relations, including but not limited to the City's bargaining obligations, unfair labor practice charges, new developments in labor law, interpretation and application of City's memoranda of understanding, polices, procedures and rules and drafting revisions to same, and advising the City on the development or revision of policies in a manner consistent with current labor trends and labor law. 3. 4. Meeting with and providing reports to various City of National City representatives including City Council, City Manager, Director of Human Resources and the City Attorney's Office. 5. Working closely with the City Attorney's Office and the Human Resources Department regarding all aspects of representation. Article 3. Compensation. Compensation paid under this Agreement shall be as Principal: $275 per hour Senior Associate: $230 per hour Associate: $210 per hour Paralegal/Legal Assistant: $150 per hour The Firm shall not use more than one attorney for the same specific task without the City's approval. The Firm may use the minimum number of attorneys for this engagement consistent with good professional practice after consulting with and obtaining approval by the City. -1- B. The Firm agrees to document a plan and budget consistent with the scope of services described above in Article 2 to be agreed to by the City Attorney and the Firm. The City shall not be obligated to pay the Firm amounts not discussed, budgeted, and agreed to before being incurred by the Finn. C. The City has appropriated or otherwise duly authorized the payment of an amount not to exceed $50,000 for legal services and out-of-pocket disbursements pursuant to this Agreement. In no event shall the total fees plus out-of-pocket disbursements exceed this amount without written authorization of the City. D. The Firm shall keep the City advised monthly as to the level of attorney hours and client services performed under Article 1. The Firm may charge the City for actual travel time spent in transit; however, the Firm will not charge the City for expenses related to travel. E. The City further agrees to reimburse the Finn, in accordance with the procedures set forth in this Article, for telephone, fax, mail, messengers, federal express deliveries, document reproduction, client -requested clerical overtime, lodging, and similar out-of-pocket expenses charged by the Firm as a standard practice to its clients generally, with the exception of travel and meals. In any billing for disbursements, the Firm shall provide the City with a statement breaking down the amounts by category of expense. The following items shall not be reimbursed, unless the City has specifically agreed otherwise: (1) Word Processing, clerical or secretarial charges, whether expressed as a dollar disbursement or time charge. (2) Storage of open or closed files, rent, electricity, local telephone, postage, receipts or transmission of telecopier documents, or any other items traditionally associated with overhead. (3) Photocopy charges in excess of $.10 (ten cents) per page. (4) Auto mileage rates in excess of the rate approved by the Intemal Revenue Service for income tax purposes. (5) Secretarial overtime. Where case requirements demand overtime, the City will consider reimbursement on a case -by -case basis. The City will not reimburse overtime incurred for the convenience of the Firm's failure to meet deadlines known in advance. (6) Equipment, books, periodicals, research materials, Westlaw/Lexis or like items. (7) Express charges, overnight mail charges, messenger services or the like, without the City's prior consent. The City expects these expenses to be incurred in emergency situations only. Where case necessity requires the use of these services, the City will consider reimbursement on a case -by -case basis. -2- (8) Travel and meals. (9) Late payment charge and/or interest. Due to the nature of the City's payment process, the City will not pay any late charges or interest charges to bills. Every effort will be made to pay bills promptly. F. Bills from the Firm should be submitted to George Eiser, City Attorney, 1243 National City Boulevard, National City, CA 91950-4301. The individual time and disbursement records customarily maintained by the Firm for billing evaluation and review purposes shall be made available to the City in support of bills rendered by the Firm. G. The Firm agrees to forward to the City a statement of account for each one -month period of services under this Agreement, and the City agrees to compensate the Firm on this basis. The Firm will consult monthly with the City as to the number of attomey hours and client disbursements which have been incurred to date under this Agreement, and as to future expected levels of hours and disbursements. H. Billing Format. Each billing entry must be complete, discrete and appropriate. (1) Complete (a) Each entry must name the person or persons involved. For instance, telephone calls must include the names of all participants. (b) The date the work was performed must be included. (c) The hours should be billed in .10 hour increments. (d) The specific task performed should be described, and the related work product should be reference ("telephone call re: trial brief," "interview in preparation for deposition"). (e) The biker's professional capacity (partner, associate, paralegal, etc.) should be included (2) Discrete: Each task must be set out as a discrete billing entry; neither narrative nor block billing is acceptable. (3) Appropriate (a) The City does not pay for clerical support, administrative costs, overhead costs, outside expenses or excessive expenses. For example, the City will not pay for secretarial time, word processing time, air conditioning, rental of equipment, including computers, meals served at meetings, postage, online research, or the overhead costs of sending or receiving faxes. Neither will the City pay for outside expenses such as messenger delivery fees, outside photocopying, videotaping of depositions, investigative services, outside computer litigation support services, or overnight mail. -3- (b) Due to the nature of the City's payment process, the City will not pay any late charges. Every effort will be made to pay bills promptly. I. Staffing. Every legal matter should have a primarily responsible attorney and a paralegal assigned. Ultimately, staffing is a City decision, and the City's representative may review staffing to insure that it is optimal to achieve the goals of the engagement at the least cost. (1) Paralegals are to be used to the maximum extent possible to enhance efficiency and cost-effectiveness. All tasks typically considered associate work should be considered for assignment to a paralegal. Written authorization from the City must be had before associate hours billed exceed paralegal hours billed. (2) Once an attorney is given primary responsibility for an engagement, that person should continue on the legal matter until the matter is concluded or the attorney leaves the firm. The City will not pay the costs of bringing a new attorney up to speed. (3) If more than one attorney is going to perform the same task, prior approval from the City must be had. This includes document review. Article 4. Independent Contractor. The Firm shall perform services as an independent contractor. It is understood that this contract is for unique professional services. Accordingly, the duties specified in this Agreement may not be assigned or delegated by the Firm without prior written consent of the City. Retention of the Firm is based on the particular professional expertise of the individuals rendering the services required in the Scope of Services. Article 5. Confidentiality of Work. All work performed by the Firm including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the Firm pursuant to this Agreement is for the sole use of the City. All such work product shall be confidential and not released to any third party without the prior written consent of the City. Article 6. Compliance with Controlling Law. The Firm shall comply with all applicable laws, ordinances, regulations, and policies of the federal, state, and local governments as they pertain to this Agreement. In addition, the Firm shall comply immediately with any and all directives issued by the City or its authorized representatives under authority of any laws statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement. Article 7. 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 Firm and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the Firm in this Agreement, the City or the Firm shall give to the other written notice. Within ten (10) business days, the Firm and the -4- 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 Firm. Article 8. Indemnification. The Firm agrees to indemnify and hold the City and its agents, officers, and employees harmless from and against all claims asserted or liability established for damages or injuries to any person or property, including injury to the Firm's employees, agents, or officers, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of the Firm and its agents, officers, or employees in performing the work or other obligations under this Agreement, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. Article 9. Insurance. The Firm shall not commence work under this Agreement until it has obtained all insurance required in this Article with a company or companies acceptable to the City. At its sole cost and expense, the Firm shall take and maintain in full force and effect at all times during the term of this Agreement the following policies of insurance: A. Commercial general liability insurance with a combined single limit of not less than one million dollars ($1,000,000). B. For all of the Firm's employees which are subject to this Agreement, to the extent required by the State of California, Workers' Compensation Insurance in the amount required by law. C. Errors and omissions insurance in an amount not less than two million dollars ($2,000,000) per claim. D. All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California. The policies carried pursuant to paragraph 9.A above shall name as additional insureds the City and its elected officials, officers, employees, agents, and representatives. All policies shall contain language, to the extent obtainable, to the effect that: (1) the insurer waives the right of subrogation against the City and its elected officials, officers, employees, agents, and representatives; (2) the policies are primary and not contributing with any insurance that may be carried by the City; (3) the policies cannot be cancelled or materially changed except after thirty (30) days' notice by the insurer to the City by certified mail. Before this Agreement shall take effect, the Firm shall furnish the City with copies of all such policies upon receipt of them, or a certificate evidencing such insurance. The Firm may effect for its own account insurance not required under this Agreement. Article 10. Drug Free Work Place. The Firm agrees to comply with the City's Drug - Free Workplace requirements. Every person awarded a contract by the City for the provision of services shall certify to the City that it will provide a drug -free workplace. Any subcontract entered into by the Firm pursuant to this Agreement shall contain this provision. -5- Article 11. Non -Discrimination Provisions. The Firm shall not discriminate against any subcontractor, vendor, 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 Firm 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 Firm 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. Article 12. Effective Date and Term. This Agreement shall be effective upon execution by the Firm and City and continue until July 5, 2011 with an option to extend up to three (3) years in one year increments with agreement by both parties. This Agreement may be terminated at any time by either party with sixty (60) days' written notice to the other. Notice of termination by the Firm shall be given to the City Attorney. Article 13. Notification of Change in Form. The Firm has the right to effect changes in form including but not limited to: the change in form from a partnership to a professional law corporation; the change in form of any partner or partners from an individual or individuals to a professional law corporation; the change in form of any corporate partner or partners to any individual partners. The City shall be promptly notified in writing of any change in form. Article 14. Notices. In all cases where written notice is to be given under this Agreement, service shall be deemed sufficient if said notice is deposited in the United States mail, postage paid. When so given, such notice shall be effective from the date of mailing of the notice. Unless otherwise provided by notice in writing from the respective parties, notice to the Agency shall be addressed to: George Eiser, City Attorney City of National City 1243 National City Boulevard National City, CA 91950 cc: Stacey Stevenson, Director Human Resources Department 140 E. 12th Street, Suite A National City, CA 91950 Notice to the Firm shall be addressed to: Eddie Kreisberg, Partner Meyers Nave Professional Law Corporation Meyers Nave San Francisco 575 Market Street, Suite 2600 San Francisco, CA 94105 -6- IN WITNESS WHEREOF, the parties have executed this Agreement on the day of , 201. CITY OF NATIONAL CITY MEYERS NAVE PROFESSIONAL LAW CORPOTION • By: By: Chris Zapata, Jr., City Manager (N APPROVED AS TO FORM: Jayne W. Williams Managing Principal (Title) By: C/1•A �-` George H. Eiser, III (Name) City Attorney -8- (Title) �® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) OP ID RS MEYER-2 04/16/10 PRODUCER MacCorkle Insurance Service CA License #0606920 1650 Borel Place, Suite 100 f Mateo CA 94402 1. ,ne:650-349-2364 Fax:650-349-4631 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 Meyers, Naves Riback, Silver & Wilson A Professional Corporation Public Management Advisors 555-12th Street Suite 1500 Oakland CA 946077 INSURERA: Vigilant Insurance CO. INSURER B: Federal Insurance Co INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDRION 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. RAH.PUU l{ LTR INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDOIYYYY) POLICY- EXPIRATION DATE (MM!DDIYYYY) LIMITS A X GENERAL LIABIUTY COMMERCIAL GENERAL LIABILITY 3590-43-09 05/0.1/10 05/01/11 EACH OCCURRENCE $ 10 0 0 0 0 0 X PREMI3ES(Eaocarence) $ 100000 CLAIMS MADE L" I OCCUR MED EXP (My one person) $10000 , PERSONAL &ADV INJURY 51000000 . GENERAL AGGREGATE $ 2000000 GENT_ AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG 52000000 —I POLICY (�I J i& I-1 LDc Emp Ben. 1000000 B B B j .S AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS No owned 7355-71-30 7355-71-30 05/01/10 05/01/10 05/01/11 05/01/11 COMBINED SINGLE LIMIT (Ea accident) 51000000 BODILY INJURY (Per person) S X BODILY INJURY Wuwcidcnt) S X X PROPERTY DAMAGE (Per accident) 5 GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S AUTO ONLY: AGG S B EXCESS /UMBRELLA LIABILITY OCCUR I I CLAIMSMADE 7987-19-39 05/01/10 05/01/11 EACH OCCURRENCE $ 10000000 X AGGREGATE $ 10000000 DEDUCTIBLE RETENTION 5 5 5 S B WORKERS AND EMPLOYERS' AN (Mandatory If yes, describe SPECIAL PROVISIONS COMPENSATION LIABILITY M ETO'ARR 7ECUTIVy-� i i 7172-64-27 05/01/10 05/01/11 X { ITORS IAA U- IOER EL. EACH ACCIDENT S 1000000 E.L. DISEASE -EA EMPLOYEE $ 1000000 In NH) under below E.L. DISEASE- POLICY LIMIT 51000000 A OTHER PROPERTY 3590-43-09 05/01/10 05/01/11 Blanket $5,096,000 BPP $5,000 Ded. DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate bolder to be named additional insured as their interests may appear. RE: work done under contract. 10 day notice of intent to cancel due to nonpayment of premium shall apply. Workers Comp. Waiver of Subrogation to be issued by carrier by endorsement. CERTIFICATE HOLDER CANCELLATION The City of National City 1243 National City Blvd. National City CA 91950 ACORD 25 (2009/01) CITNCOO SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 * DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL. IMPOSE NO OBLIGATION OR LIABUJTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE - 1 lMD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Liatlility Insurance Endorsement Policy Period MAY 1,2069 'ro MAY 1,2010 Effective Dale MAY I, 2009 Policy Number 3590-43-09$LE Insured MEYERS NAVE RI BACK SILVER & WILSON Name of Company VIGILANT INSURANCECOMPANY Date issued JUNE 3, 2009 This Endorsement appl ies to the following forms: G EN ERALLIABILITY Who Is An Insured SofteclutedPerson Or Organization Under Who Is An Insured, the followingprovision is added: Subject to all of the tenns and conditions of this insurance, any person or organization shown in the Schedtft acting putsuant to a written contract or agreement between you and such person or Orsanization. is an insured: but they are.hisureds only with respect to liability arising out ofyour operations or your premises, if you are obli gated, pursuant to such contractor areemcnt,to provide them with such insurance as is afforded by this policy. HoWever, no such person or organization is an insured with respect to any: assumption of liability by them in a. contractor ag,reement. This limitation does not apply to the liability for daniages for injury or damage, to which this Insurance applieS; that the person or organization would have in the absence of such contractor agreement. drunages arising ma of their sole negligence. Inattrapca Schedule. PERSONSOR ORGANIZATIONSTHAT YOI) ARE OBLIGATED,PURSUANT TO WIUTTENCONTRACTOR AOREEMENTBEFWEEN YOU AND SUCH PERSON OR ORGANIZATION.TOPROVIDE WITH SUCH INSURANCEAS IS AFFORDED DY THIS• PoLICYJILITTHEVARE INSUREDSONLY IF AND TO THEMINIMUmaTENTTHATSUCH CONTRACTORAGREEMENT REQUIRESTHE PERSON OR ORGANIZATION TO BE AFFORDED STATUS AS AN INSURED. HOWEVER,NO PERSON OR ORGANIZATIONIS AN IN$UnIDVINIPHRTHIS PROVISION WHO IS MORE SPECIFICALLY DE.SCRHIEDIINDERANY A08101)111 lim4q0Ci ^$ch.eduled Referofjoeuftpy Foim 80-02-2367(ReV. 8-04) Endomemork continued Pape r WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 99 03 04 (Ed. 7-08) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching -clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on Policy No. (10)7172-64-27 05/01/09 at 12:01 A. M. standard time, forms a part of (DATE) of the FEDERAL INSURANCE COMPANY (NAME OF INSURANCE COMPANY) issued to MEYERS NAVE RIBACK SILVER & WILSON, A PROFESSIONAL CORP. Endorsement No. Authorized Representative 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. The additional premium for the blanket waiver offered by this endorsement shall be 1.00 % of total Galifomia premium. Schedule Person or Organization Job Description BLANKET WAIVER -ANY PERSON OR ORGANIZATION ALL CALIFORNIA OPERATIONS FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER Reference Copy WC 99 03 04 (Ed. 7-08) 5OMEYERSN ACORD,. CERTIFICATE OF LIABILITY INSURANCE PRODUCER (925) 609-6500 HUB Intl Insurance Serv. Inc. 400 Taylor Blvd, #300 Pleasant Hill, CA 94523 INSURED Client#: 182679 DATE (MM/DDITTYY) 8/21/2009 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 # Meyers Nave Riback Silver & Wilson 555 12th Street, Suite 1500 Oakland, CA 94607 COVERAGES INSURER& Beazley Insurance Company Inc. INSURER 37540 INSURER C: INSURER D: INSURER E: THE ANY POLICIES. TNSN POLICIES REQUIREMENT, MAY PERTAIN, ALAI 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 RESPECT 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. L NSW TYPE OF INSURANCE POLICY NUMBER POLTR DATE IMFFMMYY) POLICYEXPIRATION IMMIDDmi LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITYDAMAGE TO RENTED ❑OCCUR PREMISES (Fa occurrence) S CLAIMS MADE MED EXP (Anyone person) $ PERSONAL AAOV INJURY S - GENERAL AGGREGATE S - GENL AGGREGATE LIMA APPLIES PE — POLICY I I)go I LOC AUTOMOBILE _ LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea aotideM) $ AU. OWNED AUTOS BODILY INJURY (Per person) $ - HIRED AUTOS BODILY INJURYS (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE L ,BIUTY AUTO ONLY -EA ACCIDENT $ ANY AUTO OTHER THAN FAR ACC AUTO ONLY: AGG S EXCESSA)MBRELLA LIABILITY EACH OCCURRENCE $ O OCCUR CLAIMS MADE AGGREGATE S $ D DEDUCTIBLE _ $ RETENTION S $ WORKERS COMPENSATION AND EMPLOYERS' UABILnY - I TITUts I 17R ANY PROPRIETORTARTNERIEXECUnVE OFFICER/MEMBER EXEU. EL EACH ACCIDENT S EDt Nyyeess,, deaa�be ands EL. DISEASE - EA EMPLO ss $ S SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S A MTMER Errors & Omissions (E&O) B0595E0068802009 08/21/09 08/21(10 $5,000,000 Per Claim & Aggregate; $100,000 Deductible DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS For information purposes only. CERTIFICATE HOLDER CANCELLATION 10 Days for Non -Payment City of National City SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CAI I 1 FD BEFORE THE EJtPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .0 DAYS MITTEN 1234 National City Blvd. National City, CA 91950 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR INABILITY OF ANY IOND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD TS /9DD1MR1 • �Z n .... ...__.___ AUTHORIZED�/j���a REPRESENTATIVE SKU1 e ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the polies) 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 after the coverage afforded by the policies listed thereon. ACORD 25-S (2001108) 2 of 2 #S2018811M201787 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 6, 2010 AGENDA ITEM NO. EM TITLE: Resolution authorizing the Mayor to execute a Sub -grant Agreement not to exceed $200,000 to the Community Development Commission for the remediation of hazardous materials and petroleum on CDC -owned property at 835 Bay Marina Drive (funding from US Environmental Protection Agency). . PREPARED BY: (Patricia Beard DEPARTMENT: Redevel pment Division APPROVED BY: PHONE: 14250 EXPLANATION: On October 1, 2009 the US Environmental Protection Agency ("EPA") granted the City $1,000,000 with which to establish a Revolving Loan Fund for remediation of sites contaminated with hazardous materials and/or petroleum. Under terms of the EPA grant, eligible non-profit organizations can be provided sub -grants for remediation of eligible sites by eligible owners. During demolition activities at the CDC -owned site (formerly housing Quonset huts), unexpected contamination was discovered. Upon investigation it was determined that it will cost roughly $115,000 to remediate the site prior to any redevelopment. The EPA has reviewed the eligibility of the site and the CDC and has approved the City's request to sub -grant up to $200,000 for the necessary remediation. If approved by the City, this would be the first use of the Revolving Loan Fund grant and save the CDC in excess of $100,000 in local tax revenues. The CDC will bring forward a contract for the remediation itself if funding through the Revolving Loan nd is approved. FINANCIAL STATEMENT: ACCOUNT NO. 511-409-500-598-3846..I ENVIRONMENTAL REVIEW: Not applicable, ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Proposed Grant Agreement RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SUB -GRANT AGREEMENT IN AN AMOUNT NOT TO EXCEED $200,000 BETWEEN THE CITY OF NATIONAL CITY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY FOR REMEDIATION OF HAZARDOUS MATERIALS AND PETROLEUM ON THE CDC -OWNED PROPERTY LOCATED AT 835 BAY MARINA DRIVE WHEREAS, on October 1, 2009, the United States Environmental Protection Agency ("EPA") granted the City of National City a $1,000,000 grant to establish a Revolving Loan Fund for the remediation of properties contaminated with hazardous materials and/or petroleum; and WHEREAS, under the Grant, eligible non-profit organizations can be provided sub -grants for remediation of eligible sites by eligible owners; and WHEREAS, the Community Development Commission of the City of National City (CDC) owns a contaminated property located at 835 Bay Marina Drive, and the City has applied to the EPA to use said grant funding for necessary remediation of the CDC property; and WHEREAS, the EPA has determined that the site and CDC are eligible for a sub - grant of up to $200,000 from the grant funds provided to the City to perform said remediation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an Agreement between the City of National City and the Community Development Commission of the City of National City for a sub -grant in an amount not to exceed $200,000 for remediation of hazardous materials and petroleum on the CDC - owned property located at 835 Bay Marina Drive. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of July, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva Acting City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND COMMUNITY DEVELOPMENT COMMISSION THIS AGREEMENT is entered into this 6th day of July, 2010, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (the "CDC"). RECITALS WHEREAS, the CITY has been granted $1 million by the United States Environmental Protection Agency ("EPA") to assist with the remediation of properties contaminated with hazardous materials and/or petroleum; and WHEREAS, the CDC owns a contaminated property located at 835 Bay Marina Drive and has applied to use said grant funding for necessary remediation; and WHEREAS, the EPA has determined that the site and CDC are eligible to use a sub -grant of up to $200,000 from the City's grant funds to perform said remediation. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. CITY FUNDING TO CDC. The CITY hereby agrees to sub -grant an amount not to exceed $200,000 to the CDC for remediation of hazardous and petroleum substances on the CDC -owned site at 835 Bay Marina Drive and the CDC hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CDC represents that all services required hereunder will be performed by qualified licensed CONTRACTOR(S) subject to a competitive recruitment encouraging disadvantaged businesses to apply per EPA regulations and a CDC -approved Agreement approved by the CDC Attorney and Board in a public meeting. 2. SCOPE OF SERVICES. The CDC and its CONTRACTOR will perform services as set forth in the attached Exhibit "A" and per a work plan approved by a qualified government regulator in order to accomplish the remediation. Remediation activities will be overseen and regulated by the San Diego County Department of Environmental Health. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Grant Coordinator for the CITY and will monitor the progress and execution of this Agreement. Colby Young thereby is designated as the Project Manager for the CDC. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on periodic receipt of billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A"shall not exceed $200,000. Compensation will be provided as reimbursement against invoices CDC receives for qualified work under the grant. The CDC will provide a copy of the invoices to the City and the funds shall be drawn down electronically from EPA for deposit with the CDC. Invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CITY. The CDC 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. LENGTH OF AGREEMENT. The project shall be complete by or before 6:00 p.m. on July 6, 2011. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CDC or its CONTRACTOR(s) for this Project, whether paper or electronic, shall remain the property of the CDC but should remain available for inspection by the CITY and/or EPA for three years following the termination of this grant Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CDC or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR(s) shall expressly agree 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 CDC and its CONTRACTOR(s), 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. The CDC's CONTRACTOR(s) shall comply with Davis Bacon wage requirements of the federal government and the City will monitor said CONTRACTOR(S) for compliance. 11. LICENSES, PERMITS, ETC. The CDC represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to complete the remediation project. 12. NON-DISCRIMINATION PROVISIONS. The CDC 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 CDC 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 2 City's Standard Agreement —June 2008 revision 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. 13. INDEMNIFICATION AND HOLD HARMLESS. The CDC 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 CDC's negligent performance of this Agreement. 14. WORKERS' COMPENSATION. The CDC and its CONTRACTOR(S) 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 attorney'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. 15. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, 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 attorney'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. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney'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. 16. 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, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne 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, California, 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 borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its 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. 3 Citys Standard Agreement — June 2008 revision 17. TERMINATION. A. This Agreement may be terminated with cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CDC. During said 60-day period the CDC 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 CDC 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 cause shall be effected by delivery of written Notice of Termination to the CDC 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 CDC and its CONTRACTOR(S), whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CDC 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 less any damages caused the CITY by the CDC's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. 18. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONTRACTOR: Chris Zapata, City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 Brad Raulston, Executive Director National City CDC 1243 National City Boulevard National City CA 91950 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 4 Citys Standard Agreement —June 2008 revision 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. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CDC or its CONTRACTOR(S) shalt 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 CDC also agrees not to specify any product, treatment, process or material for the project in which the CDC or CONTRACTOR(S) has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CDC and its CONTRACTOR(S) shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CDC and its CONTRACTOR(S) 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 CDC or CONTRACTOR(S) has a financial interest as defined in Government Code Section 87103. The CDC 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. ❑ If checked, the CDC 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 CDC 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 CDC. 23. 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. 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. 5 City's Standard Agreement — June 2008 revision 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 party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION (Partnership — one signature) (Sole proprietorship — one signature) By: By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney _Ron Morrison, Chairman 6 Citys Standard Agreement — June 2008 revision EXHIBIT "A" Site Assessment Report Olson Property Site Assessment February 2010 6.0 CONCLUSIONS AND RECOMMENDATION The objectives of the SA were to assess areas with potential environmental issues previously identified by SECOR (2004), and to collect data on areas where no previous assessments had been conducted. RORE reviewed all available previous environmental reports and developed a SA Workplan aimed at achieving these goals. The results of the SA activities are summarized as follows: • Due to consistent arsenic concentrations in soil above Residential and Industrial RSLs, it is believed that detected concentrations below 11 mg/kg are a result of background soil conditions. The concentration of 11 mg/kg represents the upper range of background arsenic in soil for Southern California (Bradford, 1996). • No soil contamination was identified in the entire northeastern portion of the SA area, where soil borings were advanced on grid spacing. TPH-g, d, mo, and VOC detections were all near or below laboratory detection limits and arsenic was the only metal that exceeded the residential RSL. As discussed previously, the arsenic concentration is likely attributed to background soil concentrations. • The analytical results from soil sample DP-3 at 30-32 feet bgs (at or below groundwater) were found to be below the EPA SSLs for protection of groundwater. Therefore, an impact to groundwater is unlikely as a result of on -site metals concentrations in soil. As discussed previously, the arsenic concentration is likely attributed to background soil concentrations. • The results of the SA identified an area of soil likely impacted by petroleum and metals. The impacted area consists of shallow soil (<5 feet bgs) in the vicinity of borings DP-24, DP-25, and DP-26 and soil boring B6 previously advanced by SECOR in 2004. The estimated area of impacted soil is approximately 250 cubic yards (Figure 3). Excavation and off -site disposal of the impacted soil are recommended. • VOC contamination was not detected in samples collected from what appeared to be the saturated zone during the SA, indicating an off -site VOC contamination source to the northeast is not likely. Soil sampling results across the site do not indicate a VOC contamination source on the property. Low -concentration VOC groundwater concentrations detected in MW-1, -2, and -3, are therefore likely the result of either a very localized historic source which is degrading over time, or the result of off -site groundwater contamination coming from directions other than the northeast. Additional sampling of the three existing monitoring wells is recommended to further evaluate contaminant trends over time. If groundwater contamination appears to be increasing, other off -site contaminant sources could be evaluated. • Following excavation and disposal of the impacted soil, a limited risk analysis should be conducted to confirm that residual contamination will not pose any health risk to public and/or construction crews during the planned development of the site for commercial/industrial use. RORE, Inc. Page 13 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 6, 2010 AGENDA ITEM NO.9 M TITLE: Resolution accepting the $15,000 grant from the SD Unified Port District for the free, annual Bayfront Concert; and authorizing staff to proceed with planning the event to be held at Pepper Park on September 18, 2010, from approximately 2pm-6pm. (exact time to be determined).. PREPARED BY: Brenda E. Hodges, Director PHONE: x4290 EXPLANATION: See attached FINANCIAL STATEMENT: ACCOUNT NO. 001-409-000-650-9013 $15,000 from the SD Unified Port grant ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: DEPARTMENT: Community Services APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: The PRAB Board was notified at their 7/17/10 meeting and is in agreement ATTACHMENTS: Explanation Port District Executive Summary, dated 5/4/10 (7 pages) 3. Agreement #41-2010 between Port and City (2 sets, 16 pages each) Explanation On May 4, 2010, the San Diego Unified Port District authorized a grant of $15,000 to the City of National City, to host a free concert at Pepper Park. The funds will be paid to the City on a reimbursable basis, not to exceed $15,000. The Port also authorized $3800 in services, which includes the waiver of park fees, and the use of the Port's portable stage. At the same meeting, the Port also voted to suspend their Financial Assistance Program beyond FY10/11 for an indefinite period. Approving today's resolution will authorize and/or confirm the following: * date: September 18, 2010 * time to be determined: approximately 2pm-6pm * accept the grant funds of $15,000 * event will be free to the public * authorize staff to seek out additional co-sponsors or donations * authorize staff to pursue and coordinate media and other partnerships as necessary for the success of the event * authorize staff to submit additional paperwork as necessary, for the use of Pepper Park and to coordinate the use of the "J" lot with PASHA * authorize staff to pay the $1500 deposit to the Port (which will be refunded after the event provided we leave the park in good condition) * authorize the theme to be family -friendly `oldies/classic rock" music * approve/sign the attached Port agreements (2 copies required) * there will be no movie at the concert, since one is already scheduled for September 10th (Kimball Bowl) The event planning committee will submit staff reports to keep you posted as the plans progress. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING GRANT FUNDS FOR THE FREE ANNUAL BAYFRONT CONCERT FROM THE SAN DIEGO UNIFIED PORT DISTRICT ON A REIMBURSEMENT BASIS NOT -TO -EXCEED $15,000, AND AUTHORIZING STAFF TO PROCEED WITH PLANNING THE CONCERT TO BE HELD AT PEPPER PARK ON SEPTEMBER 18, 2010 WHEREAS, on May 4, 2010, the San Diego Unified Port District authorized a grant of $15,000 to the City of National City for a free concert at Pepper Park, on a reimbursable basis, not -to -exceed $15,000. The Port also authorized $3,800 in services, which includes the waiver of park fees and use of the Port's portable stage; and WHEREAS, in order to obtain said grant funds, the City Council must adopt a resolution accepting those funds; and WHEREAS, it is also appropriate at this time for the City Council to approve the Bayfront Concert in concept, to enable staff to plan the event. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts a grant in a not -to -exceed amount of $15,000 on a reimbursement basis from the San Diego Unified Port District for the free annual Bayfront Concert to be held at Pepper Park on September 18, 2010. BE IT FURTHER RESOLVED that the City Council hereby authorizes the staff to plan the event. PASSED and ADOPTED this 6th day of July, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva Acting City Attorney f SAN DIEGO UNIFIED PORT DISTRICT DATE: May 4, 2010 AGENDA ITEM 23 SUBJECT: PORT OF SAN DIEGO FINANCIAL ASSISTANCE PROGRAM A) RESOLUTION ADOPTING THE FINANCIAL ASSISTANCE ADVISORY COMMITTEE'S RECOMMENDATION FOR FUNDING THE PORT OF SAN DIEGO FINANCIAL ASSISTANCE PROGRAM FOR FISCAL YEAR 2010-2011 IN AN AMOUNT NOT TO EXCEED $177,500 AND PROVIDING DISTRICT SERVICES IN THE ESTIMATED AMOUNT OF $150,821 B) DIRECTION TO STAFF REGARDING THE FINANCIAL ASSISTANCE ADVISORY COMMITTEE'S RECOMMENDATION TO SUSPEND THE FINANCIAL ASSISTANCE PROGRAM BEYOND FISCAL YEAR 2010-2011 FOR AN INDEFINITE PERIOD EXECUTIVE SUMMARY: Under the Financial Assistance Program, the Port supports community organizations that conduct a variety of events and activities that promote one or more of the Tidelands Trust purposes or that otherwise support the Port's goals of serving as an economic engine, environmental steward and provider of community services. For FY 10/11, the Port received 52 applications requesting a total of $897,459 in funding and $160,266 in Port services. Staff reviewed all applications and developed its recommendations, after which the Port's Financial Assistance Advisory Committee (FAAC) reviewed the applications, listened to applicant presentations, considered staff input and a Committee meeting on March 3, 2010 developed a set of funding and services recommendations. At staffs request, the FAAC met again on April 13, 2010 to determine if it could reduce the amount of funding it recommended. Also at this meeting, the FAAC discussed and voted to recommend to the Board that it consider suspending the Financial Assistance Pronran, fnr FL' 2011/12 RECOMMENDATION: Adopt a Resolution approving the Financial Assistance Advisory Committee's recommendation for the funding of the Port of San Diego Financial Assistance Program for fiscal year 2010-2011 in an amount not to exceed $177,500 and District Services in the estimated amount of $150,821. Provide•direction to staff regarding the Financial Assistance Advisory Committee recommendation to suspend the Financial Assistance Program beyond FY 2010/11 for an indefinite period. FISCAL IMPACT: The requested funds are included in the preliminary FY 10/11 budget that will be presented to the Board for consideration on May 4, 2010. Approval of this agenda item San Diego Unified Port District Board Meeting — May 4, 2010 1 AGENDA ITEM 23 Page 2 of 4 will authorize the commitment of funds for the FY 10/11 budget. (Certificate of the Treasurer 10-112) COMPASS STRATEGIC GOALS: The variety of events and programs supported by the Financial Assistance Program has a wide-ranging impact on the Port and tidelands. This agenda item supports the following Strategic Goal(s). ® Promote the Port's maritime industries to stimulate regional economic vitality. VI Enhance and sustain a dynamic and diverse waterfront. Protect and improve the environmental conditions of San Diego Bay and the Tidelands. Ensure a safe and secure environment for people, property and cargo. IA Develop and maintain a high level of public understanding that builds confidence and trust in the Port. ® Develop a high -performing organization through alignment of people, process and systems. ® Strengthen the Port's financial performance. p Not applicable. DISCUSSION: A team of Port staff evaluated the 2010-11 Financial Assistance Program applications and developed its recommendations for funding and services. On February 18 and March 3, 2010 the FAAC listened to presentations by applicants and reviewed staff recommendations. The FAAC, in its discussions, stated its concems regarding the projected impact of the continuing recession on the Port's future revenue streams. In Tight of these concems, the FAAC developed a recommended program funding amount for FY10/11 of $198,500 and recommended Port services totaling $150,821. In preparing to present the FAAC's recommendations to the Board, Port staff determined that it would request that the FAAC consider additional funding reductions. The FAAC met on April 13 to discuss possible further funding reductions and determined that it would reduce its total recommended funding level by $21,000, from $198,500 to $177,500. The FAAC made no changes in the amounts of services recommended for applicant organizations. The $177,500 in program funding recommended for FY10/11 constitutes a 16.4% reduction from the amount of funding approved for the current fiscal year's program, which is $212,297. The amount of services recommended, $150,821, constitutes a 14.5% increase over the amount approved for the current year, which is $131,736. San Diego Unified Port District Board Meeting — May 4, 2010 2- AGENDA ITEM 23 Page 3 of 4 Following are the Financial Assistance Program funding and services approved for the past five years, with amount of increase or decrease from the previous year noted: Fiscal Year Funding increase/ Decrease Services increase! Decrease 06/07 $279,940 N/A $103,302 N/A 07/08 $320,600 14.5% $184,842 78.9% 08/09 $334,840 4.4% $161,104 (12.5%) 09/10 $212,297 (36.66/o) $131,736 (18.2%) 10/11 $177,500* _ (16.4%) $150,821* 14.5% ecommended amounts The FAAC members are: • Chair: Commissioner Michael Bixler • Commissioner Lee Burdick • Commissioner Lou Smith • Manuel Cavada, representing National City • Denny Stone, representing Chula Vista • Gregory Walker, representing Coronado • Travis Brazil, representing Imperial Beath • Joseph Horiye, representing the City of San Diego • James Unger, representing the Port Tenants Association • Kristin Peterson, representing the Port Tenants Association • Weldon Donaldson, at -large member Attached is a spreadsheet listing the amounts of funding and services requested by each applicant; along with the staff and FAAC recommendations for funding and services. Included in this spreadsheet are the initial funding recommendations developed by the FAAC on March 3 and the final funding recommendations that the FAAC developed on April 13. Again, the FAAC made no changes to recommendations for services at its April 13 meeting. Services include waiving park permit fees and providing the Port stage for events. The Board may adopt the FAAC's funding and services recommendation in full or may determine particular amounts for individual organizations to amend this recommendation. The FAAC also voted unanimously to recommend that, in Tight of anticipated future revenue shortages, the Board consider suspending the Financial Assistance Program beyond FY 2010/11 for an indefinite period. Further FAAC discussion centered on possible re -structuring of the program to accommodate smaller funding budgets. Staff conveyed to the FAAC its opinion that a significant amount of public benefit and goodwill is generated by the Financial Assistance Program. Staff also indicated that if San Diego Unified Port District Board Meeting — May 4, 2010 AGENDA ITEM 23 Page 4 of 4 the program budget is still a significant concern in fall 2010, it could delay the release of program application materials for the FY 2011/12 program from a date in September 2010 to a date in January 2011, leaving the Board the maximum possible time to consider whether and how much it would be willing to fund the FY 2011/12 program. Port Attorney's Comments: Not Applicable. Environmental Review: This proposed Board action is not subject to CEQA, as amended. Equal Opportunity Program: Not Applicable. PREPARED BY: Jim Hutzelman Assistant Director, Community Services San Diego Unified Port District Board Meeting - May 4, 2010 -et Q Port of San Diego Financial Assistance Program for 2010-2011 Applicant Requests with Staff and Committee Recommendations Recommendations in gray columns will be presented to the Board of Port Commissioners on May 4, 2010 1011-01 1011-02 1011-03 1011-04 1011-05 1011-06 1011-07 1011-08 1011-09 1011-10 1011-11 1011-12 1011-13 1011-14 1011-15 1011-16 1011-17 1011-18 ORGANIZATION Alpha Project for the Homeless American Lun• Association American Youth Hostels Bike the Bay California State Games Challenged Athletes Foundation Chula Vista Nature Center City of Coronado Recreation Services City of Imperial Beach City of National City - Dia de los Muertos City of National City - Run the Bay in Ma City of National City - Concert Connect Coronado Historical Association Disabled Businesspersons Association Etchells Worlds Organizing Committee Elite Service Disabled Veteran Owned Business Network Family Health Centers of San Diego Requested Fundin $50 000 $2 000 $5,000 $5,000 $3,000 $2 500 $20,000 $30,000 $40,000 $35,000 $30,000 $30,000 $25,000 $7,000 $35,000 $10,000 $4,200 $12,500 Requested Port Services $0 $1 260 $0 $5 550 $2 775 $0 $0 $3,780 $0 $12,200 $1,445 $3,800 $0 $4,800 $0 $0 so $1,836 Staff Recommended Fundin- $25 000 so $1,000 $0 $0 $1 500 $15,000 $15,000 $15,000 $0 $5,000 $0 $0 $6,000 $15,000 so $0 $6,000 Staff Recommended Services $0 $1,260 $5,550 $2,775 $0 $0 $3,780 $0 $1,445 $3,800 so $9,000 $0 $0 $0 $1,836 Recommended Funding - March 3 $30,000 so $1,000 $0 $0 $0 $15,000 $15,000 $15,000 $0 $0 $15,000 $0 $6,000 $20,000 $0 $0 $6,000 * Revised by FAAC from its initial recommendation Does #410539 4/30/2010 5:57 PM 1011-19 1011-20 1011-21 1011-22 1011-23 1011-24 1011-25 1011-26 1011.27 1011-28 1011-29 1011-30 1011-31 1011-32 1011-33 1011-34 1011-35 1011-36 1011-37 Port of San Diego Financial Assistance Program for 2010-2011 Applicant Requests with Staff and Committee Recommendations Recommendations in gray columns will be presented to the Board of Port Commissioners on May 4, 2010 ORGANIZATION Girl Scouts, San Diego -Imperial Council Imperial Beach Chamber of Commerce Islander Sports Foundation Justice Overcoming Boundaries San Die • o Lisa Wise Consulting, LLC The Maritime Alliance National City Chamber of Commerce - Stimulus National City Chamber of Commerce • Salute National Multiple Sclerosis Society Navy Region Southwest MWR Ocean Discovery Institute (formerly A• uatic Adventures Old Mission Beach Athletic Club OpenOceans Global PKD Foundation Rady Children's Hospital Auxiliary St. Vincent De Paul Village San Diego Anglers San Diego Bicycle Club San Diego Blood Bank Requested Fundin, $10,000 $6,000 $0 $30,000 $20,000 $41,815 $7,500 $5,000 $0 $10,000 $16 500 $0 $25 000 So $0 $2,500 $0 $4,000 $40 000 Requested Port Services $0 $1,200 $4,980 so $0 $12,500 $2,500 $0 $3,375 $18,150 $0 $2 000 $o $1 500 $3 150 $27,900 $1 875 $o $4 500 Staff Recommended Fundin• $1,000 $5,000 $0 $3,000 $3,000 $o $1,500 $2,500 so $0 $13 000 $o $a so $0 $0 $3 000 $0. Staff Recommended Services $0 $1,200 $4,980 $0 $0 $12,500 $2,500 $0 $3,375 $18,150 $o $2,000 $o $1,500 $3,150 $27,900 $1 875 $0 $4,500 $1,000 $4,000 $0 $3,000 $3,000 so $1,500 $2,500 $o $2,500 $o $o $0 $0 $0 $0 $3,000 $0 Revised by FAAC from Its initial recommendation Doc-*A10539 4/30/2010 5•G7 DM Port of San Diego Financial Assistance Program for 2010-2011 Applicant Requests with Staff and Committee Recommendations Recommendations in gray columns will be presented to the Board of Port Commissioners on May 4, 2010 1011-38 1011-39 1011-40 1011-41 1011-42 1011-43 1011-44 1011-45 1011-46 1011-47 1011-48 1011-49 1011-50 1011-51 1011-52 ORGANIZATION San Diego Oceans Foundation San Diego Port Tenants Association San Diego Public Library Foundation San Diego Vintage Trolley, Inc. Semester At Sea South County Economic Development Council South County Renaissance Project Southwestern Community College District STAR/PAL Stella Maris Seafarers Center United Italian American Association Veteran's Memorial Center Inc Wifi-Citywide, LLC World Beat Center San Diego Port Tenants Association • Harbor Drive Business Improvement District Grand Total Requested Fundin. $20,000 $15,000 $25,000 $25,000 $20 000 $40,000 $2 000 $35,464 $17,480 $0 $500 $2 500 $100,000 $5,000 $25,000 $872,459 Requested Port Services $0 $2 040 $0 $0 $19,000 so so $0 so $9,420 $0 $0 $0 $8,730 $0 $160,266 Staff Recommended Fundin $0 $15 000 $2 000 $0 $0 $20,000 $2 000 $0 $5,000 $0 $0 $2 500 $0 $0 $0 $183 000 Staff Recommended Services $2,040 so $0 $19 000 so so $0 $0 $9,420 $0 $0 $0 $8,730 $0 $152,266 * Revised b FAAC from its initial recommendation Docs #410539 4/30/2010 5:57 PM AGREEMENT BETWEEN SAN DIEGO UNIFIED PORT DISTRICT and CITY OF NATIONAL CITY for BAYFRONT CONCERT EVENT SPONSORSHIP AND FINANCIAL ASSISTANCE AGREEMENT NO.41-2010 The parties to this Agreement are the SAN DIEGO UNIFIED PORT DISTRICT (District), a public corporation and CITY OF NATIONAL CITY (Service Provider), a non-profit organization. Both parties agree to the following: Recitals: District and Service Provider desire to enter into an agreement for promotional services at during the events set forth in Attachment A. 1. SCOPE OF SERVICES: Service Provider shall furnish all technical and professional labor, and materials to satisfactorily comply with Attachment A, Scope of Services as requested by District. Service Provider shall keep the Executive Director of the District or his designated representative informed of the progress of said services at all times. 2. TERM OF AGREEMENT: This Agreement shall commence on .July 1, 2010 and shall terminate on December 31, 2010, subject to earlier termination as provided below. 3. COMPENSATION: For performance of services rendered pursuant to this Agreement, compensation shall be provided to Service Provider based on the following, subject to the limitation of the maximum expenditure provided herein: 3.1 Maximum Expenditure. The District shall pay Service Provider a lump sum of $15,000.00, and up to $3,800.00 in District services, for a maximum amount payable under this Agreement of $18,800.00. Said expenditure shall include without limitation all sums, charges, Agreement No.: 41-2010 Service Provider: City of National City Requesting Department: Communications & Community Services Page 1 of 13 reimbursements, costs and expenses provided for herein. Service Provider shall not be required to perform further services after compensation has been expended. In the event that the Service Provider anticipates the need for services in excess of the maximum Agreement amount, the District shall be notified in writing immediately. District must approve an amendment to this Agreement before additional fees and costs are incurred. 3.3 Progress Documentation.. At the District's request, Service Provider shall provide District progress reports in a format and on a schedule as District directs. Progress reports shall include a description of work completed, cumulative dollar costs incurred, anticipated work for the next reporting period, percentage of work complete, and the expected completion date for remaining work. The report shall identify problem areas and important issues that may affect project cost and/or schedule. The report shall present actual percent completion versus planned percent completion. 4. RECORDS: In accordance with generally accepted accounting principles, Service Provider shall maintain full and complete records of the cost of services performed under this Agreement. Such records shall be open to inspection of District at all reasonable times in the City of San Diego and such records shall be kept for at least three (3) years after the termination of this Agreement. Such records shall be maintained by Service Provider for a period of three (3) years after completion of services to be performed under this Agreement or until all disputes, appeals, litigation or claims arising from this Agreement have been resolved, whichever is later. Service Provider understands and agrees that District, at all times under this Agreement, has the right to review project documents and work in progress and to audit financial records, whether or not final, which Service Provider or anyone Agreement No.' 41-2010 Service Provider: City of National City Requesting Department: Communications & Community Services Page 2 of 13 else associated with the work has prepared or which relate to the work which Service Provider is performing for District pursuant to this Agreement regardless of whether such records have previously been provided to District. Service Provider shall provide District at Service Provider's expense a copy of all such records within five (5) working days of a written request by District. District's right shall also include inspection at reasonable times of the Service Provider's office or facilities, which are engaged in the performance of services pursuant to this Agreement. Service Provider shall, at no cost to District furnish reasonable facilities and assistance for such review and audit. Service Provider's failure to provide the records within the time requested shall preclude Service Provider from receiving any compensation due under this Agreement until such documents are provided. 5. SERVICE PROVIDER'S SUB -CONTRACTORS: It may be necessary for Service Provider to sub -contract for the performance of certain technical services or other services for Service Provider to perform and complete the required services; provided, however, all Service Provider's sub -contractors shall be subject to prior written approval by District. The Service Provider shall remain responsible to District for any and all services and obligations required under this Agreement, whether performed by Service Provider or Service Provider's sub- contractors. Service Provider shall compensate each Service Provider's sub- contractors in the time periods required by law. Any Service Provider's sub- contractors employed by Service Provider shall be independent Service Providers and not agents of District. Service Provider shall insure that Service Provider's sub -contractors satisfy all substantive requirements for the work set forth by this Agreement, including insurance and indemnification. Service Provider shall also include a clause in its Agreements with Service Provider's sub -contractors which reserves the right, during the performance of this Agreement and for a period of three (3) years following termination of this Agreement, for a District representative to audit any cost, compensation or Agreement No.: 41-2010 Service Provider: City of National City Requesting Department: Communications & Community Services Page 3 of 13 settlement resulting from any items set forth in this Agreement. This clause shall also require Service Provider's sub -contractors to retain all necessary records for a period of three (3) years after completion of services to be performed under this Agreement or until all disputes, appeals, litigation or claims arising from this Agreement have been resolved, whichever is later. 6. COMPLIANCE: In performance of this Agreement, Service Provider and Service Provider's sub -contractors shall comply with the California Fair Employment and Housing Act, the American with Disabilities Act, and all other applicable federal, state, and local laws prohibiting discrimination, including without limitation, laws prohibiting discrimination because of age, ancestry, color, creed, denial of family and medical care leave, disability, marital status, medical condition, national origin, race, religion, sex, or sexual orientation. Service Provider shall comply with the prevailing wage provisions of the Labor Code, and the Political Reform Act provisions of the Government Code, as applicable. Service Provider shall comply with all Federal and State laws, and district Ordinances and Regulations applicable to the performance of services under this Agreement as exist now or as may be added or amended. 7. INDEPENDENT ANALYSIS: Service Provider shall provide the services required by this Agreement and arrive at conclusions with respect to the rendition of information, advice or recommendations, independent of the control and direction of District, other than normal contract monitoring provided, however, Service Provider shall possess no authority with respect to any District decision beyond rendition of such information, advice, or recommendations. 8. ASSIGNMENT: This is a personal services Agreement between the parties and Service Provider shall not assign or transfer voluntarily or involuntarily any of its rights, duties, or obligations under this Agreement without the express written consent of District in each instance. Agreement No.: 41-2010 Service Provider: City of National City Requesting Department Communications & Community Services Page 4 of 13 9. INDEMNIFY, DEFEND, HOLD HARMLESS: 9.1 Duty to Indemnify, duty to defend and hold harmless: To the fullest extent provided by law, Service Provider agrees to defend, indemnify and hold harmless the District, its agents, officers or employees, from and against any claim, demand, action, proceeding, suit, liability, damage, cost (including reasonable attorneys' fees) or expense for, including but not limited to, damage to property, the loss or use thereof, or injury or death to any person, including Service Provider's officers, agents, subcontractors, employees, ("Claim"), caused by, arising out of, or related to the performance of services by Service Provider as provided for in this Agreement, or failure to act by Service Provider, its officers, agents, subcontractors and employees. The Service Provider's duty to defend, indemnify, and hold harmless shall not include any Claim arising from the active negligence, sole negligence or willful misconduct of the District, its agents, officers, or employees. 9.2 The Service Provider further agrees that the duty to indemnify, and the duty to defend the District as set forth in 9.1, requires that Service Provider pay all reasonable attorneys' fees and costs District incurs associated with or related to enforcing the indemnification provisions, and defending any Claim arising from the services of the Service Provider provided for in this Agreement. 9.3 The District may, at its own election, conduct its defense, or participate in the defense of any Claim related in any way to this Agreement. If the District chooses at its own election to conduct its own defense, participate in its own defense or obtain independent legal counsel in defense of any Claim arising from the services of Service Provider provided for in this Agreement, Service Provider agrees to pay all reasonable attorneys' fees and all costs incurred by District. Agreement No.: 41-2010 Service Provider City of National City Requesting Department: Communications & Community Services Page 5 of 13 10, INSURANCE REQUIREMENTS: Service Provider shall at all times during the term of this Agreement maintain, at its expense, the following minimum levels and types of insurance: 10.1 Commercial General Liability (including, without limitation, Contractual Liability, Personal and Advertising Injury, and Products/Completed Operations) coverages, with coverage at least as broad as Insurance Services Office Commercial General Liability Coverage (occurrence Form CG 0001 with limits no Tess than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. A. The deductible or self -insured retention on this Commercial General Liability shall not exceed $5,000 unless District has approved of a higher deductible or self -insured retention in writing. B. The Commercial General Liability policy shall be endorsed to include the District; its agents, officers and employees as additional insureds in the form as required by the District. An exemplar endorsement is attached (Exhibit A, Certificate of Insurance). C. The coverage provided to the District, as an additional insured, shall be primary. 10.2 Commercial Automobile Liability (Owned, Scheduled, Non -Owned, or Hired Automobiles) written -at least as broad as Insurance Services Office Form Number CA 0001 with limits of no less than two million dollars ($2,000,000) per accident for bodily injury and property damage. 1003 Worker's Compensation in statutory required limits and Employer's Liability in an amount of not less than one million dollars ($1,000,000) per accident for bodily injury or disease. This policy shall be endorsed to include a waiver of subrogation endorsement. Agreement No.: 41-2010 Service Provider: City of National City Requesting Department: Communications & Community Services Page 6 of 13 Service Provider shall furnish District with certificates of insurance coverage for all the policies described above upon execution of this Agreement and upon renewal of any of these policies. A Certificate of Insurance in the form acceptable to the District, an exemplar Certificate of Insurance is attached as Exhibit A and made a part hereof, evidencing the existence of the necessary insurance policies and endorsements required shall be kept on file with the District. Except in the event of cancellation for non-payment of premium, in which case notice shall be 10 days, all such certificates shall indicate that the insurer must notify District in writing at least 30 days in advance of any change in, or cancellation of, coverage. Service Provider shall also provide notice to District prior to cancellation of, or any change in, the stated coverages of insurance. The Certificate of Insurance must delineate the name of the insurance company affording coverage and the policy number(s) specifically referenced to each type of insurance, either on the fact of the certificate or on an attachment thereto. If an addendum setting forth multiple insurance companies or underwriters is attached to the certificate of insurance, the addendum shall indicate the insurance carrier or underwriter who is the lead carrier and the applicable policy number for the CGL coverage. Furnishing insurance specified herein by the District will in no way relieve or limit any responsibility or obligation imposed by the Agreement or otherwise on Service Provider or Service Provider's sub -contractors or any tier of Service Provider's sub -contractors. District shall reserve the right to obtain complete copies of any of the insurance policies required herein. 11. ACCURACY OF SERVICES: Service Provider shall be responsible for the technical accuracy of its services and documents resulting therefrom and District shall not be responsible for discovering deficiencies therein. Service Provider shall correct such deficiencies without additional compensation. Furthermore, Service Provider expressly agrees to reimburse District for any costs incurred as Agreement No.: 41-2010 Service Provider: City of National City Requesting Department: Communications & Community Services Page 7 of 13 a result of such deficiencies. Service Provider shall make decisions and carry out its responsibilities hereunder in a timely manner and shall bear all costs incident thereto so as not to delay the District, the project, or any other person related to the project, including the Service Provider or its agents, employees, or subcontractors. 12. INDEPENDENT CONTRACTOR: Service Provider and any agent or employee of Service Provider shall act in an independent capacity and not as officers or employees of District. The District assumes no liability for the Service Provider's actions and performance, nor assumes responsibility for taxes, bonds, payments or other commitments, implied or explicit by or for the Service Provider. Service Provider shall not have authority to act as an agent on behalf of the District unless specifically authorized to do so in writing. Service Provider acknowledges that it is aware that because it is an independent contractor, District is making no deductions from its fee and is not contributing to any fund on its behalf. Service Provider disclaims the right to any fee or benefits except as expressly provided for in this Agreement. 13. ADVICE OF COUNSEL: The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the parties hereto. This Agreement shall not be construed in favor of or against either party by reason of the extent to which each party participated in the drafting of the Agreement. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California. 14. INDEPENDENT REVIEW: Each party hereto declares and represents that in entering into this Agreement it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this Agreement Agreement No.: 41-2010 Service Provider: City of National City Requesting Department: Communications & Community Services Page 8 of 13 is being made without reliance upon any statement or representation not contained herein of any other party, or any representative, agent or attorney of any other party. 15. INTEGRATION AND MODIFICATION: This Agreement contains the entire Agreement between the parties and supersedes all prior negotiations, discussion, obligations and rights of the parties in respect of each other regarding the subject matter of this Agreement. There is no other written or oral understanding between the parties. No modifications, amendment or alteration of this Agreement shall be valid unless it is in writing and signed by the parties hereto. 16. OWNERSHIP OF RECORDS: Any and all materials and docurnents, including without limitation drawings, specifications, computations, designs, plans, investigations and reports, prepared by Service Provider, if any, pursuant to this Agreement, shall be the property of District from the moment of their preparation and the Service Provider shall deliver such materials and documents to District at the Don L. Nay Port Administration Building (located at 3165 Pacific Highway, San Diego, California 92101) whenever requested to do so by District. However, Service Provider shall have the right to make duplicate copies of such materials and documents for its own file, or other purposes as may be expressly authorized in writing by District. Said materials and documents prepared or acquired by Service Provider pursuant to this Agreement (including any duplicate copies kept by the Service Provider) shall not be shown to any other public or private person or entity, except as authorized by District. Service Provider shall not disclose to any other public or private person or entity any information regarding the activities of District, except as expressly authorized in writing by District. 17. TERMINATION: In addition to any other rights and remedies allowed by law, the Executive Director (President/CEO) of District may terminate this Agreement at any time with or without cause by giving thirty (30) days written notice to Service Provider of such termination and specifying the effective date thereof. In that Agreement No.: 41-2010 Service Provider: City of National City Requesting Department: Communications & Community Services Page 9 of 13 event, all finished or unfinished documents and other materials shall at the option of District be delivered by Service Provider to the Don L. Nay Port Administration Building (located at 3165 Pacific Highway, San Diego, California 92101). Termination of this Agreement by Executive Director (President/CEO) as provided in this paragraph shall release District from any further fee or claim hereunder by Service Provider other than the fee earned for services which were performed prior to termination but not yet paid. Said fee shall be calculated and based on the schedule as provided in this Agreement. 13. inlSPJTE RESOLUTION: If a dispute arises out of or relates to this Agreement, or the alleged breach thereof, and is not settled by direct negotiation or such other procedures as may be agreed, and if such dispute is not otherwise time barred, the parties agree to first try in good faith to settle the dispute amicably by mediation administered at San Diego, California, by the American Arbitration Association, or by such other provider as the parties may mutually select, prior to initiating any litigation or arbitration. Notice of any such dispute must be filed in writing with the other party within a reasonable time after the dispute has arisen. Any resultant Agreements shall be documented and may be used as the basis for an amendment or directive as appropriate. If mediation is unsuccessful in settling all disputes that are not otherwise time barred, and if both parties agree, any still unresolved disputes may be resolved by arbitration administered at San Diego, California, by the American Arbitration Association, or by such other provider as the parties may mutually select, provided, however, that the Arbitration Award shall be non -binding and advisory only. Any resultant Agreements shall be documented and may be used as the basis for an amendment or directive as appropriate. On demand of the arbitrator or any party to this Agreement, sub -contractor and all parties bound by this arbitration provision agree to join in and become parties to the arbitration proceeding. Agreement No.: 41-2010 Service Provider: City of National City Requesting Department: Communications & Community Services Page 10 of 13 The foregoing mediation and arbitration procedures notwithstanding, all claim filing requirements of the Agreement documents, the California Government Code, and otherwise, shall remain in full force and effect regardless of whether or not such dispute avoidance and resolution procedures have been implemented, and the time periods within which claims are to be filed or presented to the District Clerk as required by said Agreement, Government Code, and otherwise, shall not be waived, extended or tolled thereby. If a claim is not timely filed or presented, such claim shall be time barred and the above dispute avoidance and resolution procedures, whether or not implemented or then pending, shall likewise be time barred as to such claims. 19. PAYMENT BY DISTRICT: Payment by the District pursuant to this Agreement does not represent that the District has made a detailed examination, audit, or arithmetic verification of the documentation submitted for payment by the Service Provider, made an exhaustive inspection to check the quality or quantity of the services performed by the Service Provider, made an examination to ascertain how or for what purpose the Service Provider has used money previously paid on account by the District, or constitute a waiver of claims against the Service Provider by the District. The District may in its sole discretion withhold payments or seek reimbursement from the Service Provider for expenses, miscellaneous charges, or other liabilities or increased costs incurred or anticipated by the District which are the fault of or as result of work performed or negligent conduct by or on behalf of the Service Provider. Upon five (5) day written notice to the Service Provider, the District shall have the right to estimate the amount of expenses, miscellaneous charges, or other liabilities or increased costs and to cause the Service Provider to pay the same; and the amount due the Service Provider under this Agreement or the whole or so much of the money due or to become due to the Service Provider under this Agreement as may be considered reasonably necessary by the District shall be retained by the District until such expenses, miscellaneous charges, or other liabilities or increased costs shall have been corrected or otherwise disposed of by the Service Provider at no Agreement No.: 41-2010 Service Provider: City of National City Requesting Department Communications & Community Services Page 11 of 13 expense to the District. If such expenses, miscellaneous charges, or other liabilities or increased costs are not corrected or otherwise disposed of at no expense to the District prior to completion date of the Agreement, the District is authorized to pay for such expenses, miscellaneous charges, or other liabilities or increased costs from the amounts retained as outlined above or to seek reimbursement of same from the Service Provider. It is the express intent of the parties to this Agreement to protect the District from Toss because of conduct by or on behalf of the Service Provider. 20. CAPTIONS: The captions by which the paragraphs of this Agreement are identified are for convenience only and shall have no effect upon its interpretation. 21, EXECUTIVE DIRECTOR'S SIGNATURE: It is an express condition of this Agreement that said Agreement shall not be complete nor effective until signed by either the Executive Director (President/CEO) or Authorized Designee on behalf of the District and by Authorized Representative of the Service Provider. 21.1 Submit all correspondence, including invoices, regarding this Agreement, including Insurance Certificates and Endorsements to: Jim Hutzelman, Assistant Director Communications & Community Services San Diego Unified Port District P.O. Box 120488 San Diego, CA 92112-0488 Tel. 619-686-6564 Fax 619-686-6373 Email: jhutzeirr portofsandiego.org Agreement No.: 41-2010 Service Provider: City of National City Requesting Department: Communications & Community Services Page 12 of 13 21.2 The Service Provider's Authorized Representative assigned below has the authority to authorize changes to the scope, terms and conditions of this Agreement: Chris Zapata, City Manager City of National City 1243 National City Blvd National City, CA 91950 Tel. (619) 336-4240 Email: cmo@nationalcityca.gov 21.3 Written notification to the other party shall be provided, in advance, of changes in the name or address of the designated Authorized Representative. SAN DIEGO UNIFIED PORT DISTRICT CITY OF NATIONAL CITY Ronald Powell Director, Communications & Community Services PORT ATTORNEY Chris Zapata City Manager, City of National City Agreement Nor 41-2010 Service Provider: City of National City Requesting Department: Communications & Community Services Page 13 of 13 ATTACHMENT A SCOPE OF SERVICES San Diego Unified Port District Service Provider - through its program or event — will promote District and/or commerce, navigation, recreation, fisheries and tenant businesses on the District tidelands. This will be accomplished in the following manner: o Conduct the Bayfront Concert at Pepper Park in National City on September 18, 2010 o Recognize District as a sponsor of the Bayfront Concert through: • Mention on all press releases, flyers, advertisements and media announcements that are distributed to the public including any print advertisements in City Beat, the San Diego Union Tribune and the Chula Vista Star News • Logo display on all banners, flyers, and posters • Offer to Port Commissioner representing National City to make welcome address at the event • Verbal acknowledgement by event master of ceremonies during the concert • Mention on electronic messaging systems promoting the event and on the websites of the City of National City, National City Chamber of Commerce, and other sponsors when available including any local radio sponsor • On air mentions of event on local radio sponsor station To ensure payment of Service Provider's invoice(s), Service Provider will forward to District proof that it provided the above -mentioned promotional services. Agreement No.: 41-2010; Attachment A Service Provider City of National City Requesting Department: Communications & Community Services Page 1 of 1 EXHIBIT A CERTIFICATE OF INSURANCE San Diego Unified Port District ICATE OF INSURANCE WILL BE ACCEPTED By signing this form, the authorized agent or broker certifies the following: (1) The Policy or Policies described below have been issued by the noted Insurer(s) [Insurance Company(ies)1 to the Insured and is (are) in force at this time. (2) As required in the Insured's Agreement(s) with the District, the policies include, or have been endorsed to include, the coverages or conditions of coverage noted on page 2 of this certificate. (3) Signed copies of all endorsements issued to effect require coverages or conditions of coverage are attached to this certificate. Return this form to: San Diego Unified Port District Attn: Audit, Risk Management & Safety P. O. Box 120488, San Diego, CA 92112-0488 FAX: 866-875-1993 Name and Address of Insured (Contractor or Vendor) SDUPD Agreement This certificate applies to connection with all Agreements Number all operations of named insureds property in between the District and Insured. CO LTR TYPE OF INSURANCE POLICY NO. DATES LIMITS Commercial General Liability Occurrence Form Claims -made Form Retro Date Commencement Date: Expiration Date: Each Occurrence: $ General Aggregate: $ Liquor Liability Deductible/SIR: $ Commercial Automobile Liability ❑ All Autos ❑ Owned Autos ❑ Non -Owned & Hired Autos Commencement Date: Expiration Date: Each Occurrence: $ Workers Compensation —Statutory Employer's Liability Commencement Date: Expiration Date: E L. Each Accident $ E L. Disease Each Employee $ E.L. Disease Policy Limit $ Professional Liability 0 Claims Made Retro-Active Date Commencement Date: Expiration Date: Each Claim $ Excess/Umbrella Liability Commencement Date: Expiration Date: Each Occurrence: $ General Aggregate:$ CO LTR COMPANIES AFFORDING COVERAGE BEST'S RATING A B C D A. M. Best Financial Ratings of Insurance Companies Affording Coverage Must be A- VII or Better unless Approved in Writing by the District. Name and Address of Authorized Agent(s) or Brokers) E-Mail Address: Phone: Fax Number: Signature of Authorized Agent(s) or Broker(s) Date: Agreement No: 41-2010; Exhibit A Service Provider: City of National City Requesting Department: Communications & Community Services Page 1 of 2 SAN DIEGO UNIFIED PORT DISTRICT REQUIRED INSURANCE ENDORSEMENT ENDORSEMENT NO. EFFECTIVE DATE POLICY NO. NAMED INSURED: GENERAL DESCRIPTION OF AGREEMENT(S) AND/OR ACTIVITY(IES): All written Agreements, contracts and leases with the San Diego Unified Port District and/or any and all activities or work performed on district premises All written Agreements, contracts, and leases with the San Diego Unified Port District and/or any and all activities or work performed on District owned premises. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The San Diego Unified Port District, its officers, agents, and employees are additional insureds in relation to those operations, uses, occupations, acts, and activities described generally above, including activities of the named insured, its officers, agents, employees or invitees, or activities performed on behalf of the named insured. 2. Insurance under the policy(ies) listed on this endorsement is primary and no other insurance or self -insured retention carried by the San Diego Unified Port District will be called upon to contribute to a loss covered by insurance for the named insured. 3. The policy(ies) listed on this endorsement will apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 4. As respects the policy(ies) listed on this endorsement, with the exception of cancellation due to nonpayment of premium, thirty (30) days written notice by certified mail, return receipt requested, will be given to the San Diego Unified Port District prior to the effective date of cancellation, change in coverage, reduction of limits or non -renewal. In the event of cancellation due to nonpayment of premium, ten (10) days written notice shall be given. Except as stated above, and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, Agreements or exclusions of the policy(ies) to which this endorsement applies. (NAME OF INSURANCE COMPANY) (SIGNATURE OF INSURANCE COMPANY AUTHORIZED REPRESENTATIVE) MAIL THIS ENDORSEMENT AND NOTICES OF CANCELLATION, LIMIT REDUCTIONS, AND CHANGES IN COVERAGE TO: San Diego Unified Port District Audit, Risk Management & Safety P.O. Box 120488 San Diego, CA 92112-0488 Agreement No.: 41-2010: Exhibit A Service Provider: City of National City Requesting Department' Communications & Community Services Page 2 of 2 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 6, 2010 OEM TITLE: AGENDA ITEM NO.10 Resolution of the City Council of the City of National City authorizing the 30-day review and public comment of the National City Police Department's grant application toward the purchase of crime analysis software, records scanning hardware and software and related crime mapping, plotting and reporting hardware and software utilizing $52,065.00 from the 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. PREPARED BY: Lt. Lanny Roark DEPARTMENT: Police PHONE: 336-4524 APPROVED BY: EXPLANATION: The U.S. Department of Justice has announced the National City Police Department is eligible for an award of $52,065.00 or 100% new funding from the 2010 Edward Byrne Memorial Justice Assistance Grant (JAG). The National City Police Department proposes to use the funds toward the purchase of crime analysis software, records scanning hardware and software and related crime mapping, plotting and reporting hardware and software. The City is required to make the grant application available for review by the City Council and assure that the application is made public and an opportunity to comment is provided to citizens for not fewer than 30 days. The City is not required to allocate any upfront costs or matching funds to receive the funding. The 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program is a direct grant allocation that requires agencies to complete an on- 'e application and narrative justifying the use of funds. FINANCIAL STATEMENT: ACCOUNT NO. 290-411-621 APPRV¢D: ' A APPRd/ED: Finance MIS The 2010 Edward Byrne Memorial Justice Assistance Grant does not require a match; therefore, there is no impact to the general fund. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends the City Council begin the 30-day review and public comment period, and then authorize the purchase of crime analysis software and records scanning hardware and software and related crime mapping, plotting and reporting hardware and software from the 2010 Edward Byrne Memorial Justice Assistance Grant utilizing $52, 065.00 in grant funds. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE 30-DAY REVIEW AND PUBLIC COMMENT UPON THE NATIONAL CITY POLICE DEPARTMENT'S GRANT APPLICATION IN THE AMOUNT OF $52,065 FROM THE 2010 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM, WITHOUT MATCHING FUNDS FROM THE CITY, AND AUTHORIZING THE PURCHASE OF CRIME ANALYSIS SOFTWARE, RECORDS SCANNING HARDWARE AND RELATED CRIME MAPPING, AND PLOTTING AND REPORTING HARDWARE AND SOFTWARE FOR THE POLICE DEPARTMENT WHEREAS, the U.S. Department of Justice is currently reviewing a grant application from the National City Police Department for the purchase of crime analysis software, records scanning hardware and software and related crime mapping, and plotting and reporting hardware and software for the Police Department; and WHEREAS, the Police Department is required to make the grant application available for review and public comment for not fewer than 30 days; and WHEREAS, the 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program is a direct grant allocation program that entitles the Police Department to $52,065 upon approval of the grant application from the U.S. Department of Justice, and does not require the City to allocate any up -front costs or matching funds; and WHEREAS, the U.S. Department of Justice will award $52,065 or 100% in grant funding to the City of National City to be used to purchase the equipment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the 30-day review and public comment of the National City Police Department's 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program application, and upon the expiration of the 30-day review and public comment period, authorizes the expenditure of said grant funds for the purchase of crime analysis software, records scanning hardware and software and related crime mapping, and plotting and reporting hardware and software for the Police Department. PASSED and ADOPTED this 6th day of July, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia G. Silva Acting City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 07-06-2010 AGENDA ITEM NO. 11 EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with GovPartner.com Inc. in the amount of $340,000 to implement an integrated customer service information system to facilitate land use, zoning management, permit tracking, code enforcement, business and pet licensing, citizen request and work order management. PREPARED BY: Ron Williams DEPARTMENT: CMO PHONE: 619-336-4373 APPROVED BY: EXPLANATION: The City of National City currently uses disparate systems to process and track various tasks related to issuing licenses and permits, tracking code violations, and responding to citizen requests. On September 30, 2009 the City issued a Request for Proposal to implement an integrated customer service information system to facilitate land use, zoning management, permit tracking, code enforcement, business and pet licensing, citizen request and work order management. The request for proposal outlined the scope of work and objectives. Proposals were due on October 29, 2009. The top three vendor proposals were reviewed by a Proposal Review Committee. The committee selected GovPartner.com Inc.'s proposal as the most responsive to the City's needs. The system will be accessible to staff and citizens via Internet web portal on the National City web site. The agreement is for three years with the option to renew for two terms of one year each. The requested appropriation ^r.Iudes system implementation cost ($120,000) plus annual hosting fee ($44,000/yr) for five years. FINANCIAL STATEMENT: ACCOUNT NO. 630-409-500-598-8039 Funded via CIP ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: APPROVED APPROV FINAL ADOPTION: inanc MIS/ STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ntract RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH GOVPARTNER.COM, INC., FOR A TOTAL AMOUNT OF $340,000 TO IMPLEMENT AND HOST AN INTEGRATED CUSTOMER SERVICE INFORMATION SYSTEM TO FACILITATE LAND USE, ZONING MANAGEMENT, PERMIT TRACKING, CODE ENFORCEMENT, BUSINESS AND PET LICENSING, CITIZEN REQUESTS, AND WORK ORDER MANAGEMENT WHEREAS, the City desires to implement and have hosted an Integrated Customer Service Information System to facilitate Land Use, Zoning Management, Permit Tracking, Code Enforcement, Business and Pet Licensing, Citizen Requests, and Work Order Management; and WHEREAS, it has been determined that GovPartner.Com, Inc., is qualified by experience and ability to perform the services desired by the City; and WHEREAS, GovPartner.Com, Inc., is willing to implement the system for $120,000 and host the system for $44,000 per year, for a total five year cost of $340,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement between the City of National City and GovPartner.Com, Inc., in the amount of $340,000 to implement and host an Integrated Customer Service Information System to facilitate Land Use, Zoning Management, Permit Tracking, Code Enforcement, Business and Pet Licensing, Citizen Requests, and Work Order Management for a three year period with the option to renew for two terms of one year each. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of July, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva Acting City Attorney PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND GOVPARTNER.COM INC THIS AGREEMENT is entered into this 6th day of July, 2010, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and GOVPARTNER.COM INC (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to implement an integrated customer service information system. WHEREAS, the CITY has determined that the CONSULTANT is a Systems Integrator and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibits " A,B,C ". The CONSULTANT 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 CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT 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 15 % from the base amount in either the change in services or compensation. This change in scope and compensation shall not apply to the Hosting Agreement referred to in Exhibit D which will operate as a separate agreement subject to its own terms and not the terms of this Professional Services Agreement. 3. PROJECT COORDINATION AND SUPERVISION. Ron Williams hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Don Lillibridge thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibits " A,B,C "shall not exceed the schedule given in Exhibits " A,B,C " (the Base amount) without prior written authorization from the IT Manager. Monthly 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,B,C "as determined by the CITY. The CONSULTANT 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 CONSULTANT shall perform its work in a manner consistent with the Standard of Care outlined in Section 12 of this Agreement. In the event that the City determines that the CONSULTANTs services under this Agreement fail to meet this Standard, the City shall provide notice to the CONSULTANT. Upon notice to the CONSULTANT and by mutual agreement between the parties, the CONSULTANT will, without additional compensation, correct those services not meeting such a Standard. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT 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 CONSULTANT. 6. LENGTH OF AGREEMENT. The length of this Agreement shall be three (3) years after the date of execution set forth above. The CITY shall have the option to renew this Agreement for two (2) terms of one (1) year each. Completion dates or time durations for specific portions of the Project are set forth in Exhibits " A,B,C ". 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT 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. These documents shall be limited to only those which are prepared for purposes of this project and shall not include other proprietary information owned or otherwise prepared for the CONSULTANT during its normal course of business. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT 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 CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. 2 City's Standard Agreement — June 2008 revision The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT 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 CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any 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 CONSULTANT. 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 CONSULTANT nor the CONSULTANT'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 CONSULTANT and the CONSULTANT'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 CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT 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 CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, 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. Changes in scope made necessary by newly enacted laws, codes and regulations may entitle the Consultant to a reasonable adjustment in the schedule and compensation, subject to approval and negotiation by both parties. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 3 City's Standard Agreement — June 2008 revision 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT 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 CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, 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 CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'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 CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT 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 CONSULTANT has notified the CITY otherwise, the CONSULTANT 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 CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT 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. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT 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 CONSULTANT 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 CONSULTANT 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. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT 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) 4 City's Standard Agreement — June 2008 revision is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT 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 CONSULTANT 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 CONSULTANT 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. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT 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 CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT 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 attorney'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 CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, 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 CONSULTANT'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. 5 City's Standard Agreement — June 2008 revision 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 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 CONSULTANT 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. 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 CONSULTANT 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. 18. 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 attomeys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney'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. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney'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. 19. 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, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne 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, California, 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 borne equally by the parties 6 City's Standard Agreement — June 2008 revision to the arbitration, provided that each party shall pay for and bear the costs of its 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. 20. 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 CONSULTANT. During said 60-day period the CONSULTANT 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 CONSULTANT 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 CONSULTANT 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 CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT 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 less any damages caused the CITY by the CONSULTANT'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 CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. F. This Termination provision shall not apply to the Hosting Agreement which shall operate under its own weight and effect. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Ron Williams IT Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 7 City's Standard Agreement — June 2008 revision To CONSULTANT: Don Lillibridge GOVPARTNER.COM INC 8710 Earhart Lane SW Cedar Rapids, IA 52402 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. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT 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 CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT 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 CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT 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. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT 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 CONSULTANT shall obtain from the City Clerk. The CONSULTANT 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 22 by the CONSULTANT. 23. 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. 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. 8 City's Standard Agreement — June 2008 revision E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. 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 party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY GOVPARTNER.COM INC (Corporation — signatures of two corporate officers) '1/1/t� By: By: Ron Morrison, Mayor (Name) rtrurs9v� 1. G . o"4"'"- APPROVED AS TO FORM: Claudia Silva . Acting City Attorney By: (Print) 'C�rc Es�o6..r' (Title) (Name) ei2-T - - k lAr4 (Print 5Abt(54A1- (Title) 9 City's Standard Agreement — June 2008 revision EXHIBIT A Fees for Software Licenses, Software Maintenance and Support, Professional Services, and Application Hosting. Software Fees A GovPartner hosted system includes an enterprise user license for unlimited password protected concurrent user access for staff and public users. With this option the City does not pay an up -front license cost, but instead will pay a yearly Hosting Fee. The Hosting Fee is a global fee that includes the Enterprise Software License, hosting of the system at the GovPartner Data Center, and Annual Software Maintenance — unlimited technical support, and software updates and upgrades. The City will not need to acquire, install and configure the necessary hardware and operating environment as this is provided with the Subscription Fee. Additionally, GovPartner staff will manage and support the environment and system including server maintenance, system backups, etc. according to our Service Level Agreement. Annual Software Maintenance (ASM) ASM is included in the global Hosting fee. This program ensures that the City's investment is protected long- term by providing: • Software updates including fixes, enhancements and routine releases (typically provided quarterly) • Software upgrades — This includes platform upgrades. The City will never need to repurchase software. • Unlimited technical and user support via phone, e-mail, and web conferencing. Software Fees include the following Modules: • Land Administration — Base Module • Planning • Engineering • Building • Customer Portal • Code Enforcement • Licensing • GIS Viewer • RequestPartner CRM • Work Order Management Software Hosting Fees $44,000 per year* *Software Hosting Fees will be invoiced either annually or monthly. Invoice(s) will begin upon activation of the site for configuration purposes, or 90 days from contract execution, whichever is earlier. Form No. 0001.001 Implementation Fees The following fee summary is for implementation of the proposed CDP Bundle including all identified Modules. Description Unit Price Quantity Cost Project Director $1,500 per day 4 days $6,000 Project Management $1,000 per day 17 days $17,000 System Configuration $1,000 per day 16 days $16,000 Training $1,000 per day 15 days $15,000 GovPartner Development $2,000 per day 2 days $4,000 Data Conversion • See assumptions $15,000 estimate Documentation • See assumptions No charge CDP Implementation Services Total $73,000 Travel & Expenses • Average cost $1,000 per trip • 4 trips estimated $4,000 estimate Optional Integration Cost Detail GIS Integration $10,000 GL Integration $10,000 Single Sign On $10,000 Form No. 0001.001 GP ResellerMaster3-14-03.doc Invoice Schedule Progress based invoices will be issued as follows: Invoice trigger (Project Milestone) Date Scheduled Invoice Amount Launch and Preparation Phase July 12, 2010 30% implementation budget Hosting Invoice TBD 100% of Yearly Hosting or 18t month of Hosting Approval of User Acceptance Test Plan August 02, 2010 50% implementation budget Go Live of Phase I — CDP Base System minus Customer Portal. August 16, 2010 10% implementation budget Go Live of Phase II — Customer Portal September 13, 2010 10% implementation budget Project Change Request 100% of agreed amount Invoice Schedule Explanation Launch and Preparation Phase — This milestone will include all the initial meetings, interviews, process mappings, etc. which will culminate in a comprehensive Document of Understanding. This is the blueprint for the entire project. We will invoice for 30% of the implementation budget once the project kickoff meeting is scheduled. Hosting Invoice — Hosting can either be paid monthly or yearly. The 1st Hosting invoice will be triggered when the site is created on GovPartners' servers for system configuration and testing. Hosting invoices will be issued monthly or on the year anniversary of the original invoice. User Acceptance Test Plan — The Acceptance Test Plan is the milestone that comprises most of the work on the project. We will have captured all business requirements, fully configured and tested the system, and prepared all deliverables leading up to thorough testing of the system in preparation for Go Live. We will invoice for 50% of the project budget once the Test Plan is approved. Go Live of Phase 1 — Phase I Go Live is exclusive of the Customer Portal. System Go Live is when the system is moved into production after a successful User Acceptance Testing, system refinements, and training. We will invoice 10% of the project budget at Phase I Go Live. Go Live of Phase 11— Phase II is inclusive of the Customer Portal. System Go Live is when the system is moved into active production after a successful User Acceptance Testing, System refinements, and End User Training. We will invoice for the remaining 10% of the project budget at Phase II Go Live. A Project Change Request (PCR) is a change to project scope. The project will likely have many PCRs issued during the course of the project, most of which are at no additional cost. However, should any PCR include a cost component, the PCR will be billed immediately upon execution (signature). Form No. 0001.001 G P R eselle rM aster3-14-03. doc EXHIBIT B CUSTOMER Support Subscription Order Form CUSTOMER: National City CUSTOMER Phone: 619-336-4241 CUSTOMER Fax: 619-336-4239 CUSTOMER E-mail Address: Address: 1243 National City Blvd City, State or Province, Zip Code or Postal Code: National City, CA 91950 Description Response Time Means of Contact Support Telephone, e-mail, pager/mobile phone Telephone, e-mail Telephone, e-mail Telephone, e-mail, letter Level 1: Severe problems rendering software Response** within 4 hours, application substantially inoperable without regard to PPM Level 2: Problems significantly affecting operability, but Response** within 8 hours which do not render application inoperable Level 3: Problems preventing application from Response** within 24 hours functioning as designed, but which do not significantly affect operability or render application substantially inoperable Level 4: Less critical problems for which an acceptable Will be considered and work around is developed addressed as part of normal product enhancement cycle **Response means begin actively working on solution Form No. 0001.001 GP ResellerMaster3-14-03.doc EXHIBIT C CUSTOMER Authorized Contact Information Form General Information CUSTOMER: E-mail Address: Primary Technical Contact: Phone: Fax: Address: City, State or Province: Zip Code or Postal Code: Country: Authorized Contacts must be GOVPARTNER trained for your installed product configuration. Validation of training may be required by GOVPARTNER. Only the Trained Contacts listed below or as modified in writing by the CUSTOMER will be eligible for telephone or web support. YOUR COMPLETE E-MAIL ADDRESS IS NECESSARY FOR THIS SUPPORT. Trained Contact Name: Title: Phone Number: Fax Number: E-mail or Internet Addr: Pager Number: Trained Contact Name: Title: Phone Number: Fax Number: E-mail or Internet Addr: Pager Number: Trained Contact Name: Title: Phone Number: Fax Number: E-mail or Internet Addr: Pager Number: Form No. 0001.001 G PResellerMaster3-14-03.doc Exhibit D Application Hosting Agreement CUSTOMER AGREES TO INITIAL HERE TO INDICATE ITS INTENTION TO HAVE THIS APPLICATION HOSTING AGREEMENT APPLY. CUSTOMER AGREES TO THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS WHICH ARE IN ADDITION TO THE PROFESSIONAL SERVICE AGREEMENT: CUSTOMER's Initials The terms and conditions of the Professional Services Agreement (the "Agreement") are incorporated herein as if the same were fully set forth herein. Should any provisions of the Agreement conflict with the specific terms contained herein for the Application Hosting Agreement ("AHA"), the specific terms herein will govern the Application Hosting Agreement. Capitalized terms not otherwise defined herein shall have the same meaning as defined elsewhere in the Agreement. 1. Hosting Services A. Provided CUSTOMER is licensed to use GOVPARTNER Software pursuant to an enforceable Software License Agreement as set forth in Addendum A between GOVPARTNER and CUSTOMER (the "Software"), GOVPARTNER will install and operate the host portion of the Software in GOVPARTNER's host computer system (the "Host Computer System"). B. GOVPARTNER will provide all equipment, software and services necessary for the operation and maintenance and support of the Host Computer System and the host portion of the Software. GOVPARTNER may contract with third parties for all or part of such equipment, software and services GOVPARTNER reserves the right to change the configuration of the Host Computer System and the host portion of the Software and to change or delete such equipment or software at any time, but GOVPARTNER shall make CUSTOMER's application compatible with such change or deletion without additional charge to CUSTOMER. C. GOVPARTNER will provide bandwidth for communication between CUSTOMER and its web users involving the Software as provided in Schedule 1, attached hereto and incorporated herein. GOVPARTNER will back-up CUSTOMER's data as provided in Schedule 1. D. If applicable, installation and training procedures are as described pursuant to the Professional Services Agreement as set forth in Addendum C. If GOVPARTNER is requested to provide custom modification, consulting, system integration or other services, the terms for such services shall be provided in Addendum C. E. CUSTOMER shall have access to and be permitted to use the Software via Internet facilities. The communications and network interoperability requirements for Internet access are as described in Schedule 1. F. The Hosting Computer System shall be used by CUSTOMER only for purposes relating to CUSTOMER's own use of the Software. GOVPARTNER will not be responsible for any delays resulting from circumstances beyond its control. G. GOVPARTNER will take reasonable precautions to guard against unauthorized access to CUSTOMER's data that is used or collected by the Software. However, GOVPARTNER assumes no responsibility that the Software will be used properly. 2. Term. The initial term of this AHA shall commence the date the Agreement is signed and shall continue for three years.. This AHA shall be renewable at the CUSTOMER's option in successive one year terms. In the event that CUSTOMER wishes to terminate this AHA, during the initial term, CUSTOMER shall notify GOVPARTNER in writing at least one hundred eighty (180) days in advance. Notwithstanding the preceding, GOVPARTNER may terminate by giving at least sixty (60) days written notice that GOVPARTNER cannot meet the requirements of Schedule 1, and CUSTOMER may terminate for convenience the service of any hosted application upon thirty days written notice. 3. Fees. CUSTOMER agrees to pay those fees specified in Exhibit A of the Agreement. CUSTOMER will be invoiced monthly. All charges and rates are exclusive of all sales, use and like taxes. Such taxes are the responsibility of the CUSTOMER and will be billed to the CUSTOMER as a separate line item on each invoice. 4. Credit Card Services. The attached CyberSource Managed Commerce Provider Agreement (the "Credit Card Agreement") for the purpose of facilitating credit card processing by 4 Form No.0003.001 GP. Host.LagHls.4-12-01 the CUSTOMER regarding the use of the Software by CUSTOMER's web users. GOVPARTNER grants CUSTOMER the rights of a "Customer" as provided within the Credit Card Agreement. This grant of rights shall continue until the sooner of the termination of the Credit Card Agreement or the termination of this AHA. In the event of termination of the Credit Card Agreement, GOVPARTNER shall obtain similar services from another source, the terms of which agreement with another source shall apply to CUSTOMER. 5. Control and Supervision. The indemnity and hold harmless provision of Paragraph 15 in the Agreement shall be applicable to this AHA and is incorporated herein as though fully set foth. 2 Form No. 00032.001 G PResellerHost3-14-03.doc SCHEDULE 1 Bandwidth: CUSTOMER will be provided with the bandwidth from a datacenter necessary for adequate responsiveness for the following application(s): CUSTOMER Software and Equipment: Hardware Any workstation connected to the Internet that is capable of supporting a W3.org compliant HTML 3.2 or 4.0 browser. Computers that are five years or older may process information so slowly and may not produce satisfactory results. Software Any W3.org (World Wide Web Consortium) HTML 3.2 or 4.0 compliant browser for access by public. CUSTOMER staff must use Microsoft Internet Explorer version 5 or later. In order to maintain session state cookies must be enabled. CUSTOMER'S communications and network interoperability requirements: Network Software Environment Industry standard network software environment that utilizes TCP/IP networking protocol, LAN connections to the Internet, and dial -up connections for public access. CUSTOMER Internet access to hosted applications should provide for a dedicated, "always on", connection at 128kb/s or higher data rate. Any CUSTOMER firewall security device to be configured to permit two-way communication between hosted applications at the data center and the CUSTOMER's server running the database. GOVPARTNER Backup: GOVPARTNER shall perform a full back-up of CUSTOMER's data files on a weekly basis and an incremental back-up all other working days of the week. An incremental back-up is back-up of all files that have changed since the previous back-up. One copy of the back-up is retained for thirty days before it is recycled. GOVPARTNER will use reasonable efforts to restore CUSTOMER's files from available back-up tapes during the PPM. 5 Form No. 0001.003 G PResellerH ost12-28-2004.doc CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 6, 2010 AGENDA ITEM NO. 12 'EM TITLE: Warrant Register #48 for the period of 05/26/10 through 06/01/10 in the amount of $2,454,661.65 PREPARED BY: D. Gallegos DEPARTMENT: F PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 05/26/10 through 06/01/10 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Kaiser Health 236574 142,927.74 Emp Health Ins Public Emp Ret Sys 236596 281,796.09 Emp Ret Sys PPE 05/17/10 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $2,454,661.65 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: arrant Register #48 PAYEE DESROCHERS HOGLE IRELAND INC HUSK PARTNERS KOAZ INC LOLA HAPPY BAKERY PACIFIC BUSINESS CAPITAL CORP SAN DIEGO COUNTY RECORDER SDG&E STAPLES ADVANTAGE TIERRA WEST ADVISORS INC ACEDO ALLEN BOYD CAPF CALIFORNIA LAW ENFORCEMENT CITY OF CHULA VISTA CONDON CONDON OUNTY OF SAN DIEGO MAX ENGINEERING INC DEFRATIS DEPT OF JUSTICE DICERCHIO DOKKEN ENGINEERING DOUCETTE DREDGE DREW FORD EMPLOYMENT DEVELOPMENT DEPT ENVIRONS LANDSCAPE ARCHITECTUR EWERT, PHILLIP FABINSKI FEDEX FIFIELD FUSCOE ENGINEERING, INC. GIL HANSON HARRIS & ASSOCIATES INC HdL COREN & CONE HEALTH NET HEALTH NET HEALTH NET HERITAGE ARCHITECTURE & HINDERLITER DE LLAMAS & ASSOC )LLOWAY )RIZON HEALTH EAP WARRANT REGISTER # 48 6/1/2010 DESCRIPTION RETIREMENT BENEFIT JUNE 2010 CONSULTANT AGREEMENT CONSULTING SERVICES MAY 2010 ECONOMIC DEVELOPMENT LOAN ECONOMIC DEVELOPMENT LOAN EQUIP RENTAL (POWER POLES) RECORDING FEES FOR RECONVEYANCE UTILITIES 04/19 - 05/19/10 MOP 45704 OFFICE SUPPLIES - REDEV PROFESSIONAL SVCS RETIREE HEALTH BENEFITS-JUNE 2010 RETIREE HEALTH BENEFITS-JUNE 2010 RETIREE HEALTH BENEFITS-JUNE 2010 FIRE/LTD JUNE 2010 PD/LTD JUNE 2010 ANIMAL SHELTER COSTS REFUND DUE TO RETIRED EMP RETIREE HEALTH BENEFITS-JUNE 2010 FOR OBSERVER SAFETY CLOTHING MARCH 2010 SERVICES RETIREE HEALTH BENEFITS-JUNE 2010 NEW EMP FINGERPRING TEST -APR 2010 RETIREE HEALTH BENEFITS-JUNE 2010 APRIL 2010 SERVICES 125 PLAN REIMBURSEMENT RETIREE HEALTH BENEFITS-JUNE 2010 MOP 49078 AUTO PARTS UNEMPLOYMENT INS REIMB-01/01-03/31/10 EL TOYON PARK SOCCER FIELD RETIREE HEALTH BENEFITS-JUNE 2010 REIMB - CITE DAY IN NC SPECIAL MAIL HANDLING CHGS-PD TOOLS FOR TOLERANCE PROGRAM PLAZA BONITA COMMERCIAL SITE DEV. DRUG ABUSE RECOG COURSE RETIREE HEALTH BENEFITS-JUNE 2010 8TH ST. CORRIDOR CONTRACT SVCS PROPERTY TAX HEALTH INS H0067A JUNE 2010 HEALTH INS - MAY 2010 57135J HEALTH -FULL NETWORK 57135A GRANGER MUSIC HALL CONTRACT SVCS-SALES TAX 2ND QTR RETIREE HEALTH BENEFITS-JUNE 2010 DOT TRAINING - 05/10/10 1/3 CHK NO DATE AMOUNT 236526 6/1/10 110.00 236527 6/1/10 5,003.75 236528 6/1/10 7,500.00 236529 6/1/10 2,030.17 236530 6/1/10 2,000.00 236531 6/1/10 195.00 236532 6/1/10 30.00 236533 6/1/10 222.53 236534 6/1/10 71.83 236535 6/1/10 6,727.50 236536 6/1/10 160.00 236537 6/1/10 125.00 236538 6/1/10 145.00 236539 6/1/10 672.00 236540 6/1/10 1,774.50 236541 6/1/10 31,427.00 236542 6/1/10 2,078.03 236543 6/1/10 280.00 236544 6/1/10 36.00 236545 6/1/10 27,258.29 236546 6/1/10 120.00 236547 6/1/10 224.00 236548 6/1/10 70.00 236549 6/1/10 22,609.52 236550 6/1/10 674.19 236551 6/1/10 250.00 236552 6/1/10 203.93 236553 6/1/10 5,952.74 236554 6/1/10 462.00 236555 6/1/10 160.00 236556 6/1/10 332.12 236557 6/1/10 27.45 236558 6/1/10 318.20 236559 6/1/10 189.25 236560 6/1/10 372.00 236561 6/1/10 135.00 236562 6/1/10 12,178.28 236563 6/1/10 2,400.00 236564 6/1/10 70,010.02 236565 6/1/10 1,192.62 236566 6/1/10 9,266.79 236567 6/1/10 17,770.00 236568 6/1/10 5,426.39 236569 6/1/10 150.00 236570 6/1/10 700.00 PAYEE INTEGRATED BIOMETRIC JAMES JOSSE KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KEN AL -IMAM KIMBLE KOLANDA LASER SAVER INC LIFELOC TECHNOLOGIES LOPEZ MATIENZO MCCABE MORA MURRAY MYERS NAPA AUTO PARTS NORMAN NOSAL, WILLIAM A. PAUU POST POTTER PRO BUILD PROJECT PARTNERS INC PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RAY RELIANCE STANDARD RIVERSIDE SHERIFF'S ROARK RODRIGUEZ RUIZ SAN DIEGO DAILY TRANSCRIPT SAN DIEGO MIRAMAR COLLEGE SHORT, CRAIG SMART & FINAL STACK TRAFFIC CONSULTING INC STAPLES ADVANTAGE STARTECH COMPUTERS THE LINCOLN NATIONAL LIFE INS TRIVIZ WADE & ASSOCIATES XEROX CORPORATION YOUNG YOUNG WARRANT REGISTER # 48 6/1/2010 DESCRIPTION NEW EMP FINGERPRINT TEST -APR 2010 RETIREE HEALTH BENEFITS-JUNE 2010 125 PLAN REIMBURSEMENT KAISER INS ACTIVE JUNE 2010 KAISER RET INS - JUNE 2010 2010 GASB UPDATE WORKSHOP RETIREE HEALTH BENEFITS-JUNE 2010 RETIREE HEALTH BENEFITS-JUNE 2010 MOP 45725 INK CARTRIDGE -PURCHASING PORTABLE BREATH TESTER TRANSLATION SVCS ON 05/25/10 RETIREE HEALTH BENEFITS-JUNE 2010 RETIREE HEALTH BENEFITS-JUNE 2010 EDC REIMB REG INTRUC COURSE RETIREE HEALTH BENEFITS-JUNE 2010 RETIREE HEALTH BENEFITS-JUNE 2010 MOP 45735 AUTO PARTS REFUND HEALTH DEDUCTIONS RETIREE HEALTH BENEFITS-JUNE 2010 RETIREE HEALTH BENEFITS-JUNE 2010 RETIREE HEALTH BENEFITS-JUNE 2010 RETIREE HEALTH BENEFITS-JUNE 2010 MOP 45707 SMALL TOOLS TRAFFIC SIGNAL TIMING MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 5-10-4 RETIREE HEALTH BENEFITS-JUNE 2010 VTL JUNE 2010 DRUG ABUSE RECOG COURSE TOOLS FOR TOLERANCE 125 PLAN REIMBURSEMENT RETIREE HEALTH BENEFITS-JUNE 2010 ADV - NC EL TOYON PARK SOCCER FIELD TUITION -DRIVING UNDER THE INFLUENCE RETIREE HEALTH BENEFITS-JUNE 2010 MOP 45756 CAT FOOD - PD NATIONAL CITY BLVD UPGRADE MOP 45704 OFFICE SUPPLIES -FINANCE MOP 61744 COMPUTER SUPPLY LIFE & AD&D STD LTD JUNE 2010 ADV - FIELD TRAINING MGMNT-TRIVIZ PROJECT MANAGEMENT SERVICES BASE CHARGE COURSE SBSLI REIMB - FRAMES FOR AWARDS 213 CHK NO DATE AMOUNT 236571 6/1/10 16.00 236572 6/1/10 140.00 236573 6/1/10 192.30 236574 6/1/10 142,927.74 236575 6/1/10 7,597.78 236576 6/1/10 85.00 236577 6/1/10 300.00 236578 6/1/10 135.00 236579 6/1/10 39.40 236580 6/1/10 2,292.10 236581 6/1/10 140.00 236582 6/1/10 100.00 236583 6/1/10 280.00 236584 6/1/10 170.00 236585 6/1/10 150.00 236586 6/1/10 140.00 236587 6/1/10 374.93 236588 6/1/10 196.18 236589 6/1/10 1,098.E 236590 6/1/10 340.( 236591 6/1/10 280.00 236592 6/1/10 150.00 236593 6/1/10 1,242.89 236594 6/1/10 8,646.75 236595 6/1/10 218.87 236596 6/1/10 281,796.09 236597 6/1/10 190.00 236598 6/1/10 2,643.77 236599 6/1/10 97.00 236600 6/1/10 248.00 236601 6/1/10 553.86 236602 6/1/10 310.00 236603 6/1/10 669.80 236604 6/1/10 26.00 236605 6/1/10 300.00 236606 6/1/10 46.05 236607 6/1/10 8,350.00 236608 6/1/10 319.02 236609 6/1/10 300.28 236610 6/1/10 9,580.42 236611 6/1/10 372.00 236612 6/1/10 10,056.27 236613 6/1/10 103.97 236614 6/1/10 419.5. 236615 6/1/10 56.1. 3/3 WARRANT REGISTER # 48 6/1/2010 PAYEE DESCRIPTION CHK NO DATE AMOUNT ZIETLOW, DAVID RETIREE HEALTH BENEFITS-JUNE 2010 236616 6/1/10 150.00 ZIONS BANK 20TH LEASE PAYMENT-800 MHZ EQUIP 236617 6/1/10 48,678.25 Start Date End Date SECTION 8 HAPS PAYMENTS 5/26/2010 6/1/2010 PAYROLL Pay period Start Date End Date Check Date 11 5/4/2010 5/17/2010 5/26/2010 A/P Total 771,561.56 660,821.48 1,022,278.61 GRAND TOTAL $ 2,454,661.65 Warrant Register # 48 6/1/2010 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 115 PARK & REC CAPITAL OUTLAY 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 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 312 STP LOCAL/TRANSNET HIGHWAY 320 LIBRARY GRANTS 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 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 633 UNEMPLOYMENT INSURANCE RESERVE 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 1,328,694.50 29,107.18 20, 736.36 2,987.88 1,729.78 669.80 42,230.96 5,576.68 588.64 1,470.58 1,311.76 11,406.95 1,707.15 936.83 8,332.89 1,766.13 1,205.71 12,786.48 41,726.64 7,526.29 20,578.69 35,598.01 14,185.09 3,702.82 681, 516.21 2,547.84 30.00 90,190.37 7,823.94 18, 077.77 886.24 2,116.81 2,703.73 1,432.19 19,672.76 5,952.74 11, 071.32 10, 868.43 3,207.50 2,454,661.65 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 6, 2010 AGENDA ITEM NO. 13 EM TITLE: Warrant Register #49 for the period of 06/02/10 through 06/08/10 in the amount of $587,461.99 PREPARED BY: D. Gallegos DEPARTMENT: PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 06/02/10 through 06/08/10 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Koch Armstrong 236667 277,214.50 Project Design Consultants 236688 51,494.79 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Streetscape General Plan Update Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $587,461.99 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: errant Register #49 PAYEE CHRISTENSEN & SPATH LLP DIXIELINE BUILDERS EDCO DISPOSAL CORPORATION NBS RADIATION DETECTION COMPANY STANLEY CONVERGENT SECURITY ABCANA INDUSTRIES AFFORDABLE BUTTONS.COM ALCEM FENCE COMPANY INC ALL FRESH PRODUCTS AMEDEE AMERICAN ROTARY BROOM ART D NIELSEN PAINTING INC ASSI SECURITY AT&T MOBILITY AT&T MOBILITY AT&T/MCI ^ANC OF AMERICA PUBLIC & ON SUISSE INC dRENNTAG PACIFIC INC BUSTOS CADUA CALIFORNIA BAKING CO. CALIFORNIA HIGHWAY ADOPTION CO CHULA VISTA POLICE CINTAS DOCUMENT MANAGEMENT COUNTY OF SAN DIEGO CRPOA - ARPOC 2010 DALEY & HEFT LLP DAPPER TIRE COMPANY DELTA DENTAL DEPARTMENT OF TRANSPORTATION DIEHL DOUCETTE DSL EXTREME ECHEVERRIA ELESCO ESGIL CORPORATION FON-JON KENNELS GRANICUS INC GROSSMAN PSYCHOLOGICAL HAMILTON MEATS & PROVISIONS ID SUPPLY PLUMBING iONEYWELL INTERNATIONAL INC ID SERVICES INC J & M KEYSTONE INC JOHN DEERE LANDSCAPES �1VCORp 5 J .TED WARRANT REGISTER # 49 6/8/2010 DESCRIPTION 1441 HARDING CONSTRUCTION SERVICES WASTE DISPOSAL FOR CDC LANDSCAPE MAINTENANCE SVCS LEAK TEST ANALYSIS ALARM MONITORING SERVICES MUNICIPAL POOL CHEMICALS CUSTOM PIN BACK BUTTON FENCE REPAIRS FOOD FOR NUTRITION CENTER REIMB - GUARDIAN EXERCISE 05/18/10 SWEEPER REPAIRS CITY-WIDE PAINTING CITY-WIDE SECURITY REPAIRS WIRELESS CIRCUIT - PD WIRELESS CIRCUIT - PD 4/6 - 5/5/10 TELECOMMUNICATIONS SERVICE CAT LOADER EQUIP LEASE PMT#17 MILK/DAIRY DELIVERY FOR NUTRITION MUNICIPAL POOL CHEMICALS REFUND FOR BASKETBALL REGIST REFUND FOR BASKETBALL REGIST BREAD DELIVERY FOR NUTRITION PRADISE CREEK LITTER REMOVAL DUI SOBRIETY TESTING COURSE CONTAINERS REGIONAL COMMUNICATIONS RESERVE COORDINATION UPDATE LIABILITY CLAIM COSTS MOP 72654 TIRES FOR CITY FLEET DENTAL INS JUNE 2010 HIGHWAY LIGHTING REFUND FOR BASKETBALL REGISTN 125 PLAN REIMBURSEMENT INV 6459988/6465774 DSL SVCS REFUND FOR BASKETBALL REGIST SERVICE & PARTS FOR INVERTER CONSULTANT SERVICES FOR BLDG KENNEL FEES WEBCAST/LIVECAST MANAGED PRE-EMP PSYCHOLOGICAL EXAMS MEAT DELIVERY FOR NUTRITION PLUMBING MATERIAL MECHANICAL H.V.A.C. SINGLE SIDED CARD PRINTER CITY WIDE CARPET CLEANING MOP 69277 SMALL TOOLS 1/3 CHK NO DATE AMOUNT 236618 6/8/10 50.00 236619 6/8/10 42,206.23 236620 6/8/10 104.75 236621 6/8/10 500.00 236622 6/8/10 50.00 236623 6/8/10 228.96 236624 6/8/10 327.16 236625 6/8/10 492.96 236626 6/8/10 300.00 236627 6/8/10 2,349.16 236628 6/8/10 151.43 236629 6/8/10 1,863.06 236630 6/8/10 2,495.00 236631 6/8/10 210.00 236632 6/8/10 2,571.45 236633 6/8/10 2,589.55 236634 6/8/10 6,262.89 236635 6/8/10 3,077.02 236636 6/8/10 338.51 236637 6/8/10 2,321.64 236638 6/8/10 10.00 236639 6/8/10 20.00 236640 6/8/10 216.00 236641 6/8/10 960.00 236642 6/8/10 130.00 236643 6/8/10 72.95 236644 6/8/10 9,063.00 236645 6/8/10 90.00 236646 6/8/10 1,713.15 236647 6/8/10 4,237.49 236648 6/8/10 14,264.88 236649 6/8/10 6,494.11 236650 6/8/10 10.00 236651 6/8/10 529.18 236652 6/8/10 99.49 236653 6/8/10 10.00 236654 6/8/10 566.50 236655 6/8/10 10,926.75 236656 6/8/10 225.00 236657 6/8/10 1,477.35 236658 6/8/10 250.00 236659 6/8/10 331.00 236660 6/8/10 946.94 236661 6/8/10 3,363.12 236662 6/8/10 3,608.27 236663 6/8/10 4,993.75 236664 6/8/10 341.26 PAYEE JOSSE KLOS KOCH ARMSTRONG LASER SAVER INC LOPEZ LYNDON VIADO MAINTEX INC MASON'S SAW & MATTHEW BENDER & CO INC MEYERS/NAVE LAW CORP MRS INC NACOLE NATIONAL CITY ROTARY CLUB NCFFA NEXUS IS INC PACIFIC AUTO REPAIR PARRA PE PERRY FORD PFEIFER POWERSTRIDE BATTERY CO INC PRO BUILD PRO -EDGE KNIFE PROJECT DESIGN CONSULTANTS PRUDENTIAL OVERALL SUPPLY RICK ENGINEERING COMPANY RODRIGUEZ RUSS'BEE REMOVAL SAN DIEGO BMW MOTORCYCLES SAN DIEGO GAS & ELECTRIC SAN DIEGO UNION TRIBUNE SANCHEZ SANCHEZ SDG&E SILVA SOUTH BAY COMMUNITY SERVICES STAPLES ADVANTAGE STARTECH COMPUTERS SUPERIOR READY MIX SYSCO SAN DIEGO TARULLI TIRE SAN DIEGO INC TELLEZ TOM MOYNAHAN TORREY PINE BANK U S BANK CORPORATE PAYMT SYS U S HEALTHWORKS UNDERGROUND SERVICE ALERT -0 - GA,,,I LA1COftPo .ATID WARRANT REGISTER # 49 6/8/2010 DESCRIPTION 125 PLAN REIMBURSEMENT ICAC NATIONAL CONFERENCE MARINA GATEWAY STREETSCAPE PRINTER MAINTENANCE/REPAIR SVC TRANSLATION SVCS 06/01/10 REFUND FOR BASKETBALL REGIST MISC JANITORIAL SUPPLIES MOP 45729 MATERIAL & SUPPLIES CA CIVIL DISCOVERY, 2010 UPDATE MOU NEGOTIATIONS/LABOR ADVICE REFUND OF C&D FEES MEMBERSHIPS/SUBSCRIPTIONS DUES A GONZALES - DUES - PD SHIFT CALENDARS PHONE SYSTEM ADD MOVES CHANGES MOP 72448 R&M AUTO EQUIPMENT REIMB-RETIREMENT FOR CHIEF HOLLIS 125 PLAN REIMBURSEMENT MOP 45703 R&M AUTO EQUIPMENT 125 PLAN REIMBURSEMENT MOP 67839 AUTO PARTS MOP 45707 PLUMBING MATERIAL KNIFE SHARPENING SERVICES GENERAL PLAN UPDATE - APR 2010 MOP 45742 LAUNDRY SERVICE STREETSCAPE CONSTRUCTION STAKING 125 PLAN REIMBURSEMENT BEE REMOVAL R&M CITY VEHICLES UTILITIES - 04/19 - 05/19/10 LEGAL NOTICES AD REFUND FOR BASKETBALL REGIST 125 PLAN REIMBURSEMENT FACILITIES GAS & ELECTRIC 125 PLAN REIMBURSEMENT CDBG PROGRAM SUB -RECIPIENT MOP 45704 OFFICE SUPPLIES-PD MOP 61744 NORTON GHOST RETAIL COLDMIX ASPHALTS FOOD FOR NUTRITION CENTER MOP 47940 TIRES 125 PLAN REIMBURSEMENT MOP 45734 TOWING - PD MARINA GATEWAY STREETSCAPE CREDIT CARD EXPENSES - PW PRE-EMP PHYSICALS - PD UNDERGROUND ALERT CHARGES 2/3 CHK NO DATE AMOUNT 236665 6/8/10 365.40 236666 6/8/10 619.50 236667 6/8/10 277,214.50 236668 6/8/10 682.93 236669 6/8/10 140.00 236670 6/8/10 20.00 236671 6/8/10 2,653.76 236672 6/8/10 351.47 236673 6/8/10 140.99 236674 6/8/10 2,656.50 236675 6/8/10 1,378.00 236576 6/8/10 300.00 236677 6/8/10 65.00 236678 6/8/10 132.45 236679 6/8/10 680.00 236680 6/8/10 911.07 236681 6/8/10 90.00 236682 6/8/10 200.00 236683 6/8/10 1,636.E 236684 6/8/10 649.21 236685 6/8/10 328.14 236686 6/8/10 671.08 236687 6/8/10 46.00 236688 6/8/10 51,494.79 236689 6/8/10 347.20 236690 6/8/10 20,891.45 236691 6/8/10 943.51 236692 6/8/10 275.00 236693 6/8/10 3,526.26 236694 6/8/10 214.78 236695 6/8/10 1,223.60 236696 6/8/10 10.00 236697 6/8/10 275.20 236698 6/8/10 29,571.38 236699 6/8/10 106.60 236700 6/8/10 2,488.00 236701 6/8/10 677.54 236702 6/8/10 83.97 236703 6/8/10 2,296.70 236704 6/8/10 2,160.63 236705 6/8/10 475.72 236706 6/8/10 595.06 236707 6/8/10 135.00 236708 6/8/10 30,801A, 236709 6/8/10 481.76 236710 6/8/10 185.00 236711 6/8/10 156.00 3/3 CITY INC 04POnATV) WARRANT REGISTER # 49 6/8/2010 PAYEE DESCRIPTION CHK NO DATE AMOUNT VERIZON WIRELESS WIRELESS SVC -ALL CITY 04/22-05/21/10 236712 6/8/10 3,996.03 VIORA REIMB - FIRE -RESCUE MED- FIRE 236713 6/8/10 235.49 WESTFLEX INDUSTRIAL MOP 63850 AUTO PARTS 236714 6/8/10 223.70 WILKINS REIMB-RETIREMENT CHIEF HOLLIS 236715 6/8/10 154.04 WHITAKER BROTHERS DATE STAMP RIBBON - FINANCE 236716 6/8/10 37.21 SECTION 8 HAPS PAYMENTS Start Date End Date 6/2/2010 6/8/2010 AM Total 579,435.76 8,026.23 GRAND TOTAL $ 587,461.99 Warrant Register # 49 6/8/2010 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 115 PARKS CAPITAL OUTLAY FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 159 GENERAL PLAN UPDATE RESERVE 166 NUTRITION 172 TRASH RATE STABILIZATION FUND 301 GRANT C.D.B.G. 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 731 CONSTRUCTION AND DEMOLITION DEBRIS 47,864.90 1,086.77 1,538.51 307.70 29, 044.12 235.49 51,494.79 5,656.08 461.55 2,488.00 8,026.23 50.00 42,206.23 302,625.84 50.00 47, 096.78 1,713.15 114.58 12, 671.27 1,892.61 16,199.41 12.40 13,247.58 1,378.00 587,461.99 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 6, 2010 AGENDA ITEM NO. 14 M TITLE: Public Hearing to consider the 12 month 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 PREPARED BY: George H. Eiser, III PHONE: Ext. 4221 EXPLANATION: DEPARTMENT: City Attorney APPROVED BY: 73 Please see attached memorandum. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Conduct public hearing. BOARD / COMMISSION RECOMMENDATION: On June 7, 2010, the Planning Commission adopted Resolution No. 14-2010, recommending that the moratorium be extended for 12 months. ATTACHMENTS: ise see list of attachments. Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate rNc�xolxf" Office of the City Attorney City Attorney George H. Eiser, III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette TO: Mayor and City Council DATE: June 28, 2010 FROM: City Attorney SUBJECT: Public Hearing to Consider 12 Month Extension of Moratorium on Medical Marijuana Dispensaries 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. At the City Council meeting of September 1, 2009, the Council enacted Ordinance No. 2009-2322, extending the moratorium for 10 months and 15 days. Pursuant to the Government Code, the Council is authorized to extend the moratorium for the last time for up to an additional 12 months. The moratorium now in effect will expire on July 16, 2010, unless extended. Section 3 of Ordinance No. 2009-2322 directed City staff and the 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". At their meeting of June 7, 2010, the Planning Commission considered the matter, including the fact that a statewide measure has qualified for the November 2010 ballot that would legalize possession of marijuana in California for persons 21 years of age and older. Sales would not be legalized outright, and local governments could enact laws permitting local distribution subject to local regulations and taxes. The Planning Commission adopted Resolution No. 14-2010, recommending that the City Council extend the moratorium for another 12 months. With the extension, the outcome of the November ballot measure may be known before regulation of marijuana sales is again considered. Finally, at the June 22, 2010 City Council meeting, the City Council adopted Resolution No. 2010-139 approving and authorizing issuance of a written report pertaining to the moratorium on establishments dispensing marijuana for medical purposes. A companion item on this agenda is an ordinance to extend the moratorium for 12 months. GEORGE H. EISER, III City Attorney GHE/gmo 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 ATTACHMENTS TO AGENDA STATEMENT 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. Attorney General's August 2008 Guidelines for the Security and Non -Diversion of Marijuana Grown for Medical Use. D. 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. E. Ordinance No. 2009-2322, enacted September 1, 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. F. Planning Commission Resolution No. 14-2010. A Resolution of the Planning Commission of the City of National City recommending the City Council extend for 12 months the Moratorium Prohibiting Establishments Dispensing Marijuana for Medical Purposes in National City. G. Resolution No. 2010-139, adopted June 22, 2010. 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". H. 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 12 months a Moratorium Prohibiting Establishments Dispensing Marijuana for Medical Purposes in National City. I. Notice of Public Hearing. oZ ATTACHMENT A Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate Office of the City Attorney City Attorney George H. Eiser, III 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 .y 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 Iegalizers 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 dispensariesin 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. GEORGE H. EISER, Ill City Attorney GHE/mpa ATTACHMENT B NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: July 13, 2009 TO: George Eiser, City Attomey 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 9 ATTACHMENT C 10 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 & Safi Code, § 11362.81(d).') 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 thepersonal 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 Cal.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 1 -7 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:/Iwww.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.mbe_ca.gov), which investigates and prosecutes alleged licensing violations in conjunction with the Attorney 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 13 physician has recommended its use to treat a serious medical condition. (See City of Garden Grove v. Superior Court (Kha) (2007) 157 Ca1.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. 1I. 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. n 7/ 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 III.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 Ca1.App.4th 124, 77 Cal.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 Cal.App.4th 355, 369, 386, 391.) 7 17 W. 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 4R 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"]. 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 reconunendation 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 N(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 Ca1.App.4th 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 02 I ATTACHMENT D el 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. ATTEST: 11 Mich: el R. Della, Ci Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Ron Morrison, Mayor 2S Passed and adopted by the Council of the City of National City, California, on July 21, 2009, by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National. City, California Deputy I HEREBY CERTIFY that the foregoing ordinance was adopted on July 21, 2009, under the provisions of Section 65858 of the California Government Code and became effective immediately upon said adoption. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2009-2321 of the City Council of the City of National City, passed and adopted by the Council of said City on July 21, 2009. City Clerk of the City of National City, California By: Deputy ATTACHMENT E ORDINANCE NO. 2009 — 2322 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 the 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, 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 — 2322 Page 2 of 3 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 establishment 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 purposesin the City; and WHEREAS, among other provision, 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. follows: NOW, THEREFORE, the City Council of the City of National City does ordain as 29 Ordinance No. 2009 — 2322 Page 3 of 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 Califomia 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. on Morrison, Mayor ATTEST: cal"ZillrY aef R. Dalla ity C Mi C lerk APPROVED AS TO FORM: George H. riser, ill City Attorney 21) Passed and adopted by the Council of the City of National City, California, on September 1, 2009, by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy 1 HEREBY CERTIFY that the foregoing ordinance was adopted on September 1, 2009, under the provisions of Section 65858 of the California Government Code and became effective immediately upon said adoption. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not Tess than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2009-2322 of the City Council of the City of National City, passed and adopted by the Council of said City on September 1, 2009. City C rk of the City of ational City, California By: Deputy 3/ ATTACHMENT F. RESOLUTION NO. 14-2010 A RESOLUTION OF THE PLANNING COMMISION OF THE CITY OF NATIONAL CITY RECOMMENDING THE CITY COUNCIL EXTEND FOR 12 MONTHS THE MORATORIUM PROHIBITING ESTABLISHMENTS DISPENSING MARIJUANA FOR MEDICAL PURPOSES IN NATIONAL CITY CASE FILE 2009-14 A WHEREAS, at their regular meeting held on July 21, 2009, the City Council adopted an urgency interim ordinance, Ordinance 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, on August 28, 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, th4 45 day moratorium established by Ordinance No. 2009-2321; and WHEREAS, at their regular meeting held on June 7, 2010, the Planning Commission considered the staff report provided by Case File No. 2009-14 A that identified a state-wide initiative on the November 2010 ballot that would, if approved, change state law to legalize the use and possession of marijuana in limited amounts in the State of California, and which would potentially impact the formulation of regulations pertaining to the dispensing of marijuana for medical purposes; and WHEREAS, at said meeting, the Planning Commission considered the staff report provided for Case File No. 2009-14 A, which is maintained by the City and incorporated herein by reference; along with any other evidence presented at said public meeting; and, WHEREAS, at said meeting the Planning Commission considered the pending initiative that would legalize the use and possession of marijuana in limited amounts and recommended the City Council extend the moratorium prohibiting establishments dispensing marijuana for medical purposes in the City for a maximum of 12 additional months, by which time it is expected that the election results for the initiative are known; and 33 WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, this action is taken in an effort to be compliant with applicable State law; and, WHEREAS, the action hereby taken is found to be essential for the conservation of water resources available to the City and for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED that based on the findings herein before stated, the Planning Commission hereby recommends that the City Council extend the moratorium prohibiting establishments dispensing marijuana for medical purposes in the City for 12 additional months. BE IT FURTHER RESOLVED that copies of this Resolution be transmittedforthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of June 7, 2010, by the following vote: AYES: NAYS: Farais,'Alvarado, Reynolds, Pruitt, Flores ABSENT: DeLaPaz, Baca ABSTAIN: aSSo, CHAIRMAN 2 po ATTACHMENT G RESOLUTION NO. 2010 — 139 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, at the City Council meeting of September 1, 2009, the Council enacted Ordinance No. 2009-2322, "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"; and WHEREAS, Section 3 of Ordinance 2009-2322 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 at their meeting of June 7, 2010, at which time the Commission adopted Resolution No. 14-2010, recommending that the City Council extend the moratorium for 12 months; and WHEREAS, the moratorium enacted pursuant to Ordinance No. 2009-2322 will expire on July 16, 2010, subject to extension by action of the City Council; and WHEREAS, Section 65858(d) of he Government Code provides that at least 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. --- Signature Page to Follow --- 3 (o Resolution No. 2010 —139 Page 2 PASSED and ADOPTED this 22nd day of June, 2010. ATTEST: Mike Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 6-7 MORATORIUM ORDINANCE PROHIBITING ESTABLISHMENTS DISPENSING MARIJUANA FOR MEDICAL PURPOSES WRITTEN REPORT Report (Government Code Section 65858 (d) Since the City Council's extension of the urgency moratorium ordinance on September 1, 2009, for 10 months and 15 days (Ordinance No. 2009-232), the City has taken the following actions to alleviate the condition that led to the adoption of the ordinance. 1. 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 of the National City Municipal Code, 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. 2009-232, indicated that this use as well as additional associated uses, should be further investigated. The moratorium provides the City an opportunity to undertake such an investigation to determine how it wishes to proceed, while barring the specific use in the interim. On March 25, 2010, a voter initiative was qualified to be placed on the November 2010 ballot that, if passed, would legalize possession of marijuana in California. Under the initiative, simple possession of an ounce (28.5 grams) or less of marijuana, currently a misdemeanor offense punishable by a $100 fine, would be legal for anyone at least 21 years of age. It also would be lawful to grow limited amounts in one's own home for personal use. While sales would not be legalized outright, cities and counties could pass laws permitting commercial distribution subject to Iocal regulations and taxes. Retail sales would still be limited to an ounce for adults 21 years of age and older. 2. Inventoried Existing Medical Marijuana Dispensaries The City's Finance Department researched business license records and determined that there currently are no licensed medical marijuana dispensaries within the City. Recently, an unlawfully -operated business claiming to be a medical marijuana dispensary was discovered operating at the Acropolis Storage facility on the south end of Highland Avenue. On June 10, the business was abated by the Police Department and all contraband materials were confiscated. 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. 3� Moratorium Ordinance Prohibiting Establishments Dispensing Marijuana for Medical Purposes - Written Report June 2010 Page 2 4. Planning Commission Review Ordinance No. 2009-232 directs the Planning Commission to commence studies and procedures necessary to consider regulations prohibiting or regulating medical marijuana dispensaries. The Planning Commission considered this matter at their June 7 meeting, and adopted Resolution 14- 2010, recommending that the moratorium be extended for 12 months. Summary Upon completion of the study and recommendations by the Planning Commission, and after the November 2010 election results regarding legalization of marijuana are known, 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 dispensaries 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. 34' ATTACHMENT H ORDINANCE NO. 2010 — 2344 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 12 MONTHS 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 the 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 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, 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, at their regular public meeting held on September 1, 2009, the City Council adopted as an urgency interim ordinance, Ordinance No. 2009-2322, extending the moratorium for 10 months and 15 days; and WHEREAS, among other provisions, Ordinance No. 2009-2322 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 June 7, 2010, the Planning Commission considered the subject of medical marijuana dispensaries and adopted Resolution No. 14-2010, recommending the City Council extend for 12 months the moratorium prohibiting establishments dispensing medical marijuana; and WHEREAS, on June 22, 2010, the City Council adopted Resolution No. 2010 — 1039, "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 July 6, 2010, 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 12 months the moratorium established by Ordinance No. 2009-2322; and WHEREAS, the City Council finds it essential to protect the health, safetys and welfare of the citizens of the City of National City to extend for an additional period of 12 months the moratorium established by Ordinance No. 2009-2322s prohibiting establishments dispensing marijuana for medical purposes in National City; and WHEREAS, at the November 2010 statewide election, the voters will vote upon a ballot measure legalizing possession of marijuana by persons 21 years of age and older, 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 Staff to continue studies and procedures necessary for the adoption of such regulations or prohibitions. Ordinance No. 2010 — 2344 2 12 Month Moratorium on Medical Marijuana Establishments NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. For a period of 12 months 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 City Staff and the 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 6th day of July, 2010. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Ordinance No. 2010 — 2344 Ron Morrison, Mayor 3 12 Month Moratorium on Medical Marijuana Establishments ATTACHMENT I ur $att Oleo SIGNON lartiOn-Triburter enbace SAN DIEGO Account Number: 1055817 Customer: DBA: OFFICE OF THE CITY CLERK CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD ATTN: ESTHER CLEMENTE NATIONAL CITY, CA 91950 Telephone: (619) 336-4228 Fax: EMail: ECLEMENTE@NATIONALCITYCA.GOV Order Confirmation Ad Number: 0010400348 PO Number: Date Ordered: 06/24/2010 Orderer: Esther Clemente Order Status: Live Queue: Ready Ad Size: 1.10 x 4.18 Columns: 1.00 Inches: 4.18 Total Amount: $198.80 Payment Method: Payment Amount: $0.00 Amount Due: $198.80 Sales Rep: LORENA FUENTES-DELEON Telephone: (619) 718-5981 EMail: LORENA.FUENTES@UNIONTRIB.COM Product SignonMobile SignOnSanDiego Union -Tribune Zone Full Run Full Run Full Run Placement Legal Legal Legal Position Legals Legals Legals Start Date End Date 06/25/2010 06/25/2010 06/25/2010 06/25/2010 06/25/2010 06/25/2010 Insertions 1 1 1 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., on Tuesday, July 6, 2010, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA, to consider: EXTENDING FOR ONE YEAR 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 issued a written report on June 22, 2010 describing the measures taken to alleviate the conditions which led to the adoption of the Moratorium Ordinance. The full text of that report will be 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. M. Della, City Clerk NONCE OF PUBLIC HEARING NOTICE ISIHEREBYGIV- EN Mil the SSW Councilrarnp4QupnoHPgI uHee fhCWlnAt' R.�. Printed: 6/24/2010 9:51 am 350 CAMINO DE LA REINA, P.O. 8DX 120191, SAN DEEGO- CALIFORNIA 92112•0191 'CE-LEPEEI 9-299-3131 Page 1 of 2 SIGN ON SAN DIEGO Ad Order: 0010400348 I.I I,..nan, .IV11'R Nry, 6n 1he 'Ur Council Chem- NationICIitcoolGeiSMAL • EE FOR O YEAR TH O VS.YAPOPTOO IN - TERM apu• PT=b OSAter TO pOVERNR4EN;T CODE SECTION AeSart A3 AN VROENCY Mf:IsS- O:RE ENACTING A MOR- AToOR�MApP ISP�R{OHIBIT• frg DISPEN8 NG �M RIJUA. NA FOR MEDICAL PUR- POSES IN NATIONAL CITY, TheCity Council Wired a written impart on Juno 22, 201,0... deocrIbfrr tdle measures token. to P Ievi- PM t CPry}i11one Ral•CIM tee'to a Pdietton of 14* M.PnPtertem Ordlaimmti Tie hill teal of tool realm wile be awnllable for view - /nu iP ltp City crows Ot- lino chains normal PP4F hugs_ Anyone iajr- stied In ibis matter IOU emporia al the above limo and Vass Gat be More. If nov ilwllonoo thr POPPo es Itq Propoiea PO* RP court, yyoduu rroy be IIP41ted ie rvleinsdrily ihoee Is• PUPS YOU Pr Borneatl4 91e refco, of too Oebecianhn. Pr in writ* r* POrre. snd 1IPed,• toc+a ty undersigned, PPw 1• hMM44II}t�r or' IPP,he �PINI reg5lor G1ip IPrh e 1 iego enlaces Order Confirmation Printed: 6/24/2010 9:51 am Page 2 of 2 330 CAMINO DE LA REINA, Y.O. L;0X 120191. SAN DtEC1O, CALIFORNIA 92112-0:01 r;LEPH0NL; 819-299-3131 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 6, 2010 AGENDA ITEM NO. 15 EM TITLE: Ordinance of the City Council of the City of National City adopted pursuant to Government Code Section 65858 as an Urgency Measure extending for 12 months a Moratorium prohibiting establishments dispensing Marijuana for Medical Purposes in National City PREPARED BY: George H. Eiser, 111 PHONE: Ext. 4221 EXPLANATION: DEPARTMENT: City orney APPROVED BY: rT): Please see companion agenda item with attachments regarding the public hearing. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Ordinance. BOARD / COMMISSION RECOMMENDATION: On June 7, 2010, the Planning Commission adopted Resolution No. 14-2010, recommending that the moratorium be extended for 12 months. ATTACHMENTS: _posed Ordinance. ORDINANCE NO. 2010 — 2344 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 12 MONTHS 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 the 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 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 conceming 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, 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, at their regular public meeting held on September 1, 2009, the City Council adopted as an urgency interim ordinance, Ordinance No. 2009-2322, extending the moratorium for 10 months and 15 days; and WHEREAS, among other provisions, Ordinance No. 2009-2322 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 June 7, 2010, the Planning Commission considered the subject of medical marijuana dispensaries and adopted Resolution No. 14-2010, recommending the City Council extend for 12 months the moratorium prohibiting establishments dispensing medical marijuana; and WHEREAS, on June 22, 2010, the City Council adopted Resolution No. 2010 — 1039, "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 July 6, 2010, 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 12 months the moratorium established by Ordinance No. 2009-2322; and WHEREAS, the City Council finds it essential to protect the health, safetys and welfare of the citizens of the City of National City to extend for an additional period of 12 months the moratorium established by Ordinance No. 2009-2322s prohibiting establishments dispensing marijuana for medical purposes in National City; and WHEREAS, at the November 2010 statewide election, the voters will vote upon a ballot measure legalizing possession of marijuana by persons 21 years of age and older; 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 Staff to continue studies and procedures necessary for the adoption of such regulations or prohibitions. Ordinance No. 2010 — 2344 2 12 Month Moratorium on Medical Marijuana Establishments NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. For a period of 12 months 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 City Staff and the 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 6th day of July, 2010. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ordinance No. 2010 — 2344 Ron Morrison, Mayor 3 12 Month Moratorium on Medical Marijuana Establishments CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 6, 2010 AGENDA ITEM NO. 16 EM TITLE: Notice of Decision — Planning Commission Approval of a Conditional Use Permit to Operate a Dance Studio Located at 3142 East Plaza Blvd., Suite A. (Applicant: Carla Perez) (Case File 2010-12 CUP) PREPARED BY: Martin Reeder DEPARTMENT: mepf Svcs/Planning. • PHONE: 336-4313 APPROVED EXPLANATION: The project site is a 3.68 acre shopping center on the south side of East Plaza Boulevard, east of Harbison Avenue, within the General Commercial — Planned Development (CG-PD-H35) zone. The applicant is proposing to occupy an existing 2,545 square -foot suite in the commercial center in order to provide dance instruction Monday through Saturday from 10:00 a.m. to 7:30 p.m. The applicant is also proposing to sell dance apparel and party supplies in part of the store; however, retail sales are allowed by right in the CG zone and the sales portion is not part of this permit. The Planning Commission held a hearing on June 21, 2010, at which time Commissioners asked questions regarding other area businesses, operating times and parking availability. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Project exempt from CEQA pursuant to Section 15301 ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Farias, Alvarado, Reynolds, Pruitt, Flores. Absent: Baca, DeLaPaz, ATTACHMENTS: Planning Commission Resolution No. 15-2010 Location Map 3. Reduced plans RESOLUTION NO. 15-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO OPERATE A DANCE STUDIO LOCATED AT 3142 EAST PLAZA BLVD., SUITE A. APPLICANT: CARLA PEREZ CASE FILE NO. 2010-12 CUP WHEREAS, the Planning Commission of the City of National City considered a CONDITIONAL USE PERMIT TO OPERATE A DANCE STUDIO LOCATED AT 3142 EAST PLAZA BLVD., SUITE A (APN: 558-030-40), at a duly advertised public hearings held on June 21, 2010, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2010-12 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearings held on June 21, 2010, support the following findings: 1 _ That the site for the proposed use is adequate in size and shape, since the proposed suite is contained within an existing neighborhood commercial center and adequate parking is available for the dance studio and retail use. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the commercial use was considered during the development of the site and the proposed use involves no expansion. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within the existing 2,545-square foot suite and there is adequate separation from the commercial uses to the residential uses to the north, east and south. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide a service that is in demand among consumers, and since the business will occupy a vacant space within a retail center. i BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a dance studio at 3142 E. Plaza Blvd, Suite A. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2010-12 CUP, dated 5/13/2010. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit_ The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Division prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. The permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. Building 5. Plans for any tenant improvement or other building modification must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, California Fire Code and California Title 24 energy and handicapped regulations. Enqineerinq/Stormwater 6. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer_ Fire 2 7. Plans for any tenant improvement or other building modification must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, California Fire Code and California Title 24 energy and handicapped regulations_ Planning 8. All dance classes shall occur within the leased area and class instruction shall cease no later than 9:00 p.m. The doors shall be kept closed during any dance lessons. 9. All drop off and pick up of students shall occur on the site. 10. The applicant shall comply with Title 12 (Noise Control) of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council_ BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting_ The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing_ CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of June 21, 2010, by the following vote: AYES: Alvarado, Baca, Pruitt, Reynolds NAYS: ABSENT: DeLaPaz, Farias, Flores ABSTAIN: 1\ L7/1 Subject Parcel — Zone Boandaty 1Feet 0 /q It47 Z16 A P N 55s-030-+I Planning Commission cv1F 4 SITE 142 A '. 2,545 sf D E F l J L M N P 675 720 2,478 865 675 966 1059 675 700 2,250 sf sf sf sf sf sf s1 sf sf sf East Plaza Boulevard Traffic Signal PLAZA VILLAGE NATIONAL CITY, CA 9195a Jack In the Box 3138 A 2290 sf 3126 F 765 sr 3126 B 2,T00 sf. 3126 A 765 sf 3124 1,283 sf 3122 1.283 sf 3120 1,025 sf 3118 960 sf 3110 625 sf 3114 625 sf 3112 1.000 sf 3110 750 sf 3108 750 sf 3106 T30 sf 3104 720 sf 3102 600 sf 7-Eleven Store 3100 2400 sf Harbison BOtlleva EXHIBIT A CASE FILE NO. 2010-12 CUP DATE: 5/13/2010 5 3142 Suite A STORE LAYOUT at 2,545 sq. ft. Side Door Main Dance Floor Area Existing Restroom Waiting Area Front Counter For Information Partition Wall Existing Party Sales Front Door Front Doors CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 6, 2010 AGENDA ITEM NO. 17 M TITLE: Notice of Decision — Planning Commission Approval of a Conditional Use Permit to Operate a Fiberglass Manufacturing Business at 1921 Cleveland Avenue. (Applicant: Jose Flores) (Case File 2010-10 CUP) PREPARED BY: Mart ' Reeder DEPARTMENT: D vQS/Planning. PHONE: 336-4313 APPROVE C EXPLANATION: The 15,000 square -foot project site at the corner of Cleveland Ave. and W. 20th St. is developed with two adjoining manufacturing buildings totaling approximately 11,000 square feet. The applicant is proposing to occupy the rear 5,000 square -foot building. There are five on -site parking spaces serving the property. The applicant is requesting to operate a fiberglass manufacturing business from 9 a.m. to 6 p.m. daily. Business activities include fiberglass repairs, refinishing and manufacturing. As part of the manufacturing business, the applicant is requesting to install and operate a 15-foot by 26-foot spray booth inside the building. The business will be required to obtain all appropriate local, state and/or federal permits pertaining to health and air quality. The Planning Commission held a hearing on June 21, 2010, at which time two speakers expressed concerns regarding noticing, parking and air quality. Another speaker spoke in support of the project. The Commission riicrussed the merits of the project moving from an open yard to an enclosed building and verified parking iirements with staff; the Attorney's Office stated that the public notice was adequate. The Commission voted ....pprove the CUP based on required findings and subject to Conditions of Approval. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Project exempt from CEQA pursuant to Section 15301 ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Pruitt, Reynolds. Absent: DeLaPaz, Farias, Flores ATTACHMENTS: Planning Commission Resolution No. 16-2010 . Location Map 3. Reduced plans RESOLUTION NO. 16-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO OPERATE A FIBERGLASS MANUFACTURING BUSINESS AT 1921 CLEVELAND AVENUE APPLICANT: JOSE FLORES CASE FILE NO. 2010-10 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit to operate a fiberglass manufacturing business at 1921 Cleveland Avenue (APN: 559-095-12) at a duly advertised public hearings held on June 21, 2010, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2010-10 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare_ NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearings held on June 21, 2010, support the following findings: 1 _ 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be housed in a suite within an existing industrial building and will not affect the space needs or parking needs of the building. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed use is served by Cleveland Avenue, a collector street, and since the operation of a fiberglass manufacturing business is not expected to increase the amount of traffic to the site. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be compatible with other nearby industrial businesses; and since the proposed use will be subject to conditions that limit the potential for adverse effects. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of an industrial building, an established and allowed use in the applicable industrial zone_ 1 BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1 _ This Conditional Use Permit authorizes a fiberglass manufacturing business in an existing industrial building at 1921 Cleveland Avenue. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2010-10 CUP, dated 4/21/2010. 2_ Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. Building 6. Plans must be submitted for tenant improvements, including the installation of the spray booth and must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations_ All mechanical components of the booth must be listed. Engineering 7. The owner/developer shall replace approximately 21 linear feet of sidewalk as marked on site (21 x 5). 8. The drain box located at the southwest corner of the parking lot in front shall be cleaned and the drain pipe cleaned to the curb face. 2 Planning 9. Prior to business license issuance, the applicant shall provide proof of all necessary local, state and federal permits with regard to use of the spray booth and/or any auto body repair activities. 10. All repair, refinishing and manufacturing activities shall be conducted within the subject building. No boats or other large items shall be stored in required parking spaces or on adjacent city streets in violation of city codes_ BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of June 21, 2010, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Alvarado, Baca, Pruitt, Reynolds DeLaPaz, Farias, Flores HAIR AN ;/../71 Subject Parcel — Zone Boundary II eet 0 44 liS5 116 A I) N 551- 095- it Planning Commission OCatiO p loi0 -to cAAP 4 • 21 dee rtr,<w,,p ' f w (3, (% �=r r> s„/• �ie< smr595-.fle))) wrelPc`e. 3 N.<...c.0 r* le 44. ,re...n R Al!,N r.. Roll-y.4°"5 yet)G (7Av?e.1) Irr A..... 4,, 7 are. •P e_. f..../ rlSJ f.i. a Al.l" GJ/.O ♦... i. r f V E G A A/ 7 .T r ,e E e EXHIBIT A CASE FILE NO. 2010-10 CUP DATE: 4/21/2010 f V M u.• /r/ ter; .r /ie/q . /5.cee r.. • • C.r, J .rwe B<..r r,, CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: July 6, 2010 AGENDA ITEM NO.1 EM TITLE: TEMPORARY USE PERMIT — Baptism and BBQ sponsored by Cornerstone Church of San Diego at Las Palmas Park on July 31, 2010 from 12 p.m. to 7 p.m. with no waiver of fees. A Facilities Use Permit is required for the use of the Municipal Pool. (Neighborhood Services) PREPARED BY: Vianey Rolon DEPARTMENT: Neighborhood Services Division PHONE: (619) 336-4364 APPROVED BY: EXPLANATION: This is a request from the Cornerstone Church of San Diego to conduct a BBQ at Las Palmas Park on July 31, 2010 from 12:00pm to 7 pm. This event will also include a series of baptisms performed at the Las Palmas Municipal Pool from 5pm to 6pm. Set up for the event will commence at 9:00 a.m. on the day of the event. Cornerstone Church will set up their stage and will provide their own generators for amplified sound where the worship band will sing and perform from 12 p.m. to 7 p.m. Three 10x10 canopies and one 10x20 canopy will be used. The applicant is not requesting the use of the City's stage and will provide security for the event. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: The City has incurred $237.00 for processing the TUP, $200 for Fire Permits, $220.00 for Community Services, and an NPDES inspection fee of $ 95.98 Total fees: $752.98 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Iication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event _ Public Concert Parade _ Motion Picture Fair _ Demonstration _ Grand Opening _ Festival Community Event Circus Block Party Other attwc.(+t Gienf Event Title: Caler-41/1e �:iGl1dk t 0 ` 4130 Event Location: Cam"" 1L. Event Date(s): From Actual Event Hours: iJekt 7-2N/to -7-4/P Total Anticipated Attendance: F✓00-0OD 'Month/Day/Year ✓ ( Participants) \ (, Spectators) tiiY to e pee Setup/assembly/construction Date: Start time: f•S-m Please describe the scope tl l' peof your setup/assembly work (specific details): 1µ�4 r�{�� se� 1 �1QItD4 VellaCjm✓ t�� t _ - t l-es c,14uvciri ape ✓tseveLP pp 99 call ? it�S l leo` Y td e /3tl1,Y, Dismantle Date:7?/-/46 Completion Time: am List any street(s) requiring closure as a result of this event Include street name(s), day and time of closing and day and time of reopening. 14 Sponsoring Organization: &YY(Ei CAA1H24 p Chief Officer of Organization (Name) �i' ib A►L L ktbat Applicant (Name): t{e�tv Address: 16)44' e2--1-vuockit Y Ct ._.11 at coo Daytime Phone: (Otr7) 42-C-)2).; Evening Phone: ( ) Contact Person "on site" day of the event: Cziaie (e. t z Pager/Cellular: (W 19) �d{ Z - ln9i 2 For Profit ✓Not -for -Profit Fax: ((Pig) 4ZS- g271 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? )4, YES _ NO Are admission, entry, vendor or participant fees required? _ YES X NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event $ Estimated Expenses for this event. $ 0 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. OktuC-ft -sr se-A6cd btcb4-tsYvt L> Q $616) . L- e to-ot U €- a'����aA,zt 6444iNtr-e_A .ems n ett C;r ut.e te- ar wa t Gx. D ru .e.tr 6tAk e (� . (j wrc2t/t wi tt A tco tot A t12t o al- ?Lull .t zw ,t t� �,►V litAikettAr LiPeaNikteC. -,r D YE If the event involves the sale of cars, will the cars come exclusively from t � Pc National City car dealers? If NO, list any additional dealers involved in the VI sale: 2 VVVVVVvvv _ YES )C NO Does the event involve the sale or use of alcoholic beverages? _ YES ZC NO Will items or services be sold at the event? If yes, please describe: _ YES X NO Does the event involve a moving route of any kind along streets, sidewatir° highways? If YES, attach a detailed map of your proposed route indicate direction of travel, and provide a written narrative to explain your route. _ YES X NO Does the event involve a fixed venue site? If YES, attach a detailed site a ;; showing all streets impacted by the event. _ YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Q" Sizes 3 / tOXtO' f ( x F NOTE: A separate Fire Department permit is required for tents or cano ;c: _ 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 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: N / A If you intend to cook food in the event area please specify the method: r;u "� GAS ELECTRIC CHARCOAL X. OTHER (Specify): t/N''} vv t ' ` ➢ Portable and/or Permanent Toilet Facilities t" 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 p. 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 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 T. 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 evr.—' t VbtIlAtteev *0 c - —v t�P 3 Please describe your procedures for both Crowd Control and Internal Security: OLLYCA4 vbitt.v{ee 4 w,s tM'tl PvenIde 6)1A Gc& co-A-I--rot uAAd ‘,€4.Akvis.in YES NO Have you hired any Professional Security organization to handle security arrangements for this event? 1f YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES ?C NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment okvoickt truys criqed nwiteLl csii ¢ old r It (Aloe lc- 4 6141_ Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: OAttvt✓{/l t C( a ces dt've�- (IA vubtuaoe Ihl4, lib itit tit t Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event %twill s + f 1 est,''cvl* will toe itxtripte4e4 MI.oays 1 0Ilv 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: 1 Number of Bands: I Type of Music: covtteittrauvn ctiy 54-4,A /6trfet 3`YES NO Will sound amplification be used? If YES, please indicate: Start time: a� ar pr Finish Time am/Gi YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 1 am Finish Time am/err Please describe the sound equipment that will be used for your event: i ( vu'"� 4,auti4 -e t> D yam, - (A VZ i S YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe:esof) YES NO Any signs, banners, decorations, special lighting? If YES, please describe: ( re tx_p i0o-4411-e4TS t °`f VIx; r j* (r,'X .- 51 cevi-A� died Revised 08/10/05 5 Google Maps http://maps.google.com/nmps?h1=en&um=1 &ie=UTF-8&q=las+palm_. Googe maps t To see ail the details that are visible on the screen,use the "Print" link next to the map. Edit Print Send Link Report a problem � - Te - 61$-rood revirfee (� ?0? uP eaMarics loft 4/22/2010 9:38 AM For Office 'Use Only Event: Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 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 Person in Charge of Activity rrk3 tarp Address 1,314- e v.F'ev fez3k4 `c t u'i . 049 t� SO r Telephone (psi) Date(s) of Use 7 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 attomeys 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. plica —7-317 AO Official Title Date' For Office Use Only Certificate of insurance Approved Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Oew Type of Organization 6-14uVAN (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 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. x` No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) 9 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL: SPONSORING ORGANIZATION: Cornerstone Church of San Diego EVENT: Baptism/BBQ DATE OF EVENT: July 31, 2010 TIME OF EVENT: 12 a.m. to 7 p.m. APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ COMMUNITY SERVICES YES [ x ] NO [ RISK MANAGER YES [ x } NO [ NEIGHBORHOOD SERVICES YES [ x } NO [ PUBLIC WORKS YES [ x } NO [ FINANCE YES [ x ] NO [ FIRE YES [ x ] NO [ POLICE YES [ x ] NO [ CITY ATTORNEY YES [ x ] NO [ SEE CONDITI SEE CONDIT1, SEE CONDI"' SEE CONDO , SEE CONDIT SEE CONDIT!' SEE CONDITI, SEE CONDI"' SEE CONDI'' 4L CONDITIONS OF APPROVAL: RISK MANAGER (619) 336-4300 ❖ Certificate of Insurance showing the City of National City + Additional insured endorsement naming the City of National City < :; additional insured COMMUNITY SERVICES (619) 336-4290 ❖ A Facilities Use Permit is required. + Pool Manager: 1 would prefer that there not be any activities schcdt: at the pool except for the actual baptism event_ We are short staffs the pool and it would be difficult to do another activity on top of things we have going that day. DEVELOPMENT SERVICES (619) 336-431 8 ❖ Amplification and music must stop at 10:00 p.m. per the city's nois ordinance ❖ The church must provide additional transport to the site to accormo., the estimated 500 attendees. ❖ A parking area, including handicap accessibility spaces, should b,-- reserved for community members who are coming to the park ant. the event. l0 ❖ Church to provide for removal of trash and offer recycling trash containers. ❖ A NPDES inspection is required, at the call-back overtime rate (minimum of two hours) for a total of $123.03. When paid, this amount should be credited to Engineering Division, account no. 001-06029-3147. PUBLIC WORKS (619) 336-4593 Public Works has no involvement in this event and recommends approval of the TUP. NEIGHBORHOOD SERVICES (619) 336-4364 We recommend that the applicant does not deviate from what is stated on the application and must abide by all rules and regulations provided by Community Services, Municipal Pool, and all the other City departments. FINANCE (619) 336-4341 Cornerstone Church has a valid business license. Approved. No special stipulations. FIRE DEPARTMENT (619) 336-4554 Stipulations required by the Fire Department for this event are as follows: 1) Access to the area to be maintained at all times, entrances and emergency roadways. 2) Fire Depaitinent 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 3) Fire Hydrants shall not he blocked or obstructed. 4) Participants on foot arc to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Provide a 2A:10BC fire extinguisher at stage area. Extinguisher to be mounted in a visible location between 3V2'to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 7) Internal combustion power sources that will he used for amplified sound shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the sound system is not in use. 11 8) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. 9) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 10) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. 11) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge. • Canopies from 401-500 square feet shall be $250.00. • Canopies from 501-600 square feet shall be $300.00. • Canopies from $601.00 or greater shall be $400.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly. • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet State Fire Marshal approval for cooking. See Fire Marshal for required explanation. 12) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides. 13) All cooking booths or areas to have one 2A: I OBC fire extinguisher. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. See Attached 14) Provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal 15) First Aid will be provided by Cornerstone Church of San Diego personnel. 16) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars. 17) Fees can only be waived by City Council. STING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT July 6, 2010 AGENDA ITEM NO. 19 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $782,108.36 to the City of National City for the period of 05/26/10 through 06/01/10 PREPARED BY: D. Gallegos PHONE: 619-336-4331 DEPARTMENT: Fe APPROVED BY: EXPLANATION: 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 expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS Approve the reimbursement of funds to the City of National City in the amount of $782,108.36 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A TACHMENTS: Warrants for the period of 05/26/10 through 06/01/10 N COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #48 6/1/2010 PAYEE DESROCHERS HOGLE IRELAND INC HUSK PARTNERS KOAZ INC LOLA HAPPY BAKERY PACIFIC BUSINESS CAPITAL CORP SAN DIEGO COUNTY RECORDER SDG&E STAPLES ADVANTAGE TIERRA WEST ADVISORS INC HARRIS & ASSOCIATES INC HdL COREN & CONE KAISER FOUNDATION HEALTH PLANS PROJECT PARTNERS INC CT1ON 8 CTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 11 5/4/2010 DESCRIPTION RETIREMENT BENEFIT JUNE 2010 CONSULTANT AGREEMENT CONSULTING SERVICES MAY 2010 ECONOMIC DEVELOPMENT LOAN ECONOMIC DEVELOPMENT LOAN EQUIP RENTAL (POWER POLES) RECORDING FEES FOR RECONVEYANCE UTILITIES 04/19 - 05/19/10 MOP 45704 OFFICE SUPPLIES - REDEV PROFESSIONAL SVCS 8TH ST. CORRIDOR CONTRACT SVCS PROPERTY TAX KAISER INS ACTIVE JUNE 2010 TRAFFIC SIGNAL TIMING Start Date 5/26/2010 End Date 5/17/2010 End Date 6/1/2010 Check Date 5/26/2010 CHK NO DATE AMOUNT 236526 6/1/10 110.00 236527 6/1/10 5,003.75 236528 6/1/10 7,500.00 236529 6/1/10 2,030.17 236530 6/1/10 2,000.00 236531 6/1/10 195.00 236532 6/1/10 30.00 236533 6/1/10 222.53 236534 6/1/10 71.83 236535 6/1/10 6,727.50 236562 6/1/10 12,178.28 236563 6/1/10 1,200.00 236574 6/1/10 -479.47 236594 6/1/10 732.00 A/P Total $ 37,521.59 660,821.48 83,765.29 GRAND TOTAL $ 782,108.36 1VCORPoRA..ST COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 48 6/1/2010 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 681, 516.21 2,547.84 30.00 90,190.37 7,823.94 782,108.36 -- ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT July 6, 2010 AGENDA ITEM NO. 20 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $352,958.30 to the City of National City for the period of 06/02/10 through 06/08/10 PREPARED BY: D. Gallegos PHONE: 619-336-4331 DEPARTMENT: APPROVED BY: EXPLANATION: 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 expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $352,958.30 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A ACHMENTS: , ��, rants for the period of 06/02/10 through 06/08/10 PAYEE CHRISTENSEN & SPATH LLP DIXIELINE BUILDERS EDCO DISPOSAL CORPORATION NBS RADIATION DETECTION COMPANY STANLEY CONVERGENT SECURITY KOCH ARMSTRONG RICK ENGINEERING COMPANY TORREY PINE BANK WHITAKER BROTHERS SECTION 8 SECTION 8 HAPS PAYMENTS IIFQORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #49 6/8/2010 DESCRIPTION 1441 HARDING CONSTRUCTION SERVICES WASTE DISPOSAL FOR CDC LANDSCAPE MAINTENANCE SVCS LEAK TEST ANALYSIS ALARM MONITORING SERVICES MARINA GATEWAY STREETSCAPE STREETSCAPE CONSTRUCTION STAKING MARINA GATEWAY STREETSCAPE DATE STAMP RIBBON - FINANCE Start Date End Date 6/2/2010 6/8/2010 CHK NO 236618 236619 236620 236621 236622 236623 236667 236690 236708 236716 DATE AMOUNT 6/8/10 50.00 6/8/10 42,206.23 6/8/10 104.75 6/8/10 500.00 6/8/10 50.00 6/8/10 228.96 6/8/10 252,507.91 6/8/10 20,891.45 6/8/10 28,380.37 6/8/10 12.40 A/P Total $ 344,932.07 8,026.23 GRAND TOTAL $ 352,958.30 4*. CALIFORNIA TI �cI "geom.GRATED COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 49 6/8/2010 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 8,026.23 50.00 42,206.23 302,625.84 50.00 352,958.30 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE: July 6, 2010 AGENDA ITEM NO. 'EM TITLE: Resolution accepting a grant and authorizing the Executive Director to execute a Sub -grant Agreement not to exceed $200,000 from the City of National City for the remediation of hazardous materials and petroleum on property at 835 Bay Marina Drive (funding from US Environmental Protection Agency). .1 PREPARED BY: PHONE: 42551 EXPLANATION: Patricia Bearcl Ac* DEPARTMENT: R d i66pment Division APPROVED 4. rA41 4Js+rn On October 1, 2009 the US Environmental Protection Agency ("EPA") granted the City $1,000,000 with which to establish a Revolving Loan Fund for remediation of sites contaminated with hazardous materials and/or petroleum. Under terms of the EPA grant, eligible non-profit organizations can be provided sub -grants for remediation of eligible sites by eligible owners. During demolition activities at the CDC -owned site (formerly housing Quonset huts), unexpected contamination was discovered. Upon investigation it was determined that it will cost roughly $115,000 to remediate the site prior to any redevelopment. The EPA has reviewed the eligibility of the site and the CDC and has approved the City's request to sub -grant up to $200,000 for the necessary remediation. If approved by the City, this would be the first use of the Revolving Loan Fund grant and save the CDC in excess of $100,000 in local tax revenues. is resolution would authorize the Executive Director to execute the Sub -grant Agreement. FINANCIAL STATEMENT: ACCOUNT NO. 1511-409-500-598-3846.. ENVIRONMENTAL REVIEW: Not applicable, ORDINANCE: INTRODUCTION: i FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: RESOLUTION NO. 2010 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ACCEPTING A SUB -GRANT AGREEMENT IN AN AMOUNT NOT TO EXCEED $200,000 BETWEEN THE CITY OF NATIONAL CITY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY FOR REMEDIATION OF HAZARDOUS MATERIALS AND PETROLEUM ON THE CDC -OWNED PROPERTY LOCATED AT 835 BAY MARINA DRIVE, AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE SAID AGREEMENT WHEREAS, on October 1, 2009, the United States Environmental Protection Agency ("EPA") granted the City of National City a $1,000,000 grant to establish a Revolving Loan Fund for the remediation of properties contaminated with hazardous materials and/or petroleum; and WHEREAS, under the Grant, eligible non-profit organizations can be provided sub -grants for remediation of eligible sites by eligible owners; and WHEREAS, the Community Development Commission of the City of National City (CDC) owns a contaminated property located at 835 Bay Marina Drive, and the City has applied to the EPA to use said grant funding for necessary remediation of the CDC property; and WHEREAS, the EPA has determined that the site and CDC are eligible for a sub - grant of up to $200,000 from the grant funds provided to the City to perform said remediation. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby accepts the Grant and authorizes the Executive Director to execute an Agreement between the City of National City and the Community Development Commission of the City of National City for a sub -grant in an amount not to exceed $200,000 for remediation of hazardous materials and petroleum on the CDC -owned property located at 835 Bay Marina Drive. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 22nd day of June, 2010. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Brad Raulston, Secretary Claudia G. Silva Acting City Attorney GRANT SUB -RECIPIENT AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND COMMUNITY DEVELOPMENT COMMISSION THIS AGREEMENT is entered into this 6th day of July, 2010, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (the "CDC"). RECITALS WHEREAS, the CITY has been granted $1,000,000 by the United States Environmental Protection Agency ("EPA") to assist with the remediation of properties contaminated with hazardous materials and/or petroleum; and WHEREAS, the CDC owns a contaminated property located at 835 Bay Marina Drive and has applied to use said grant funding for necessary remediation; and WHEREAS, the EPA has determined that the site and CDC are eligible to use a sub -grant of up to $200,000 from the City's grant funds to perform said remediation. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. CITY FUNDING TO CDC. The CITY hereby agrees to sub -grant an amount not to exceed $200,000 to the CDC for remediation of hazardous and petroleum substances on the CDC -owned site at 835 Bay Marina Drive and the CDC hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CDC represents that all services required hereunder will be performed by qualified licensed contractor(s) subject to a competitive recruitment encouraging disadvantaged businesses to apply per EPA regulations and a CDC -approved Agreement approved by the CDC Attorney and Board in a public meeting. 2. SCOPE OF SERVICES. The CDC and its CONTRACTOR will perform services as set forth in the attached Exhibit "A" and per a work plan approved by a qualified government regulator in order to accomplish the remediation. Remediation activities will be overseen and regulated by the San Diego County Department of Environmental Health. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard is designated as the Grant Coordinator for the CITY and will monitor the progress and execution of this Agreement. Colby Young is designated as the Project Manager for the CDC. 4. COMPENSATION AND PAYMENT. The total cost for all work described in Exhibit "A"shall not exceed $200,000. Compensation will be provided as reimbursement against invoices CDC receives for qualified work under the grant. The CDC will provide a copy of the invoices to the City and the funds shall be drawn down electronically from EPA for deposit with the CDC. Invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. The CDC 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. LENGTH OF AGREEMENT. The project shall be complete by or before 6:00 p.m. on July 6, 2011. 6. DISPOSITION AND OWNERSHIP QF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CDC or its contractors for this Project, whether paper or electronic, shall remain the property of the CDC but should remain available for inspection by the CITY and/or EPA for three years following the termination of this grant Agreement. 7. COMPLIANCE WITH APPLICABLE LAW. The CDC 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 CDC shall comply with Davis Bacon wage requirements of the federal government and the City will monitor CDC for compliance. 8. LICENSES. PERMITS, ETC. The CDC represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to complete the remediation project. 9. INDEMNIFICATION AND HOLD HARMLESS. The CDC 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 CDC's negligent performance of this Agreement. 10. 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, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne 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, California, 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 borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its 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. 2 Grant Sub -recipient Agreement Between City and CDC 11. TERMINATION. A. This Agreement may be terminated with cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CDC. During said 60-day period the CDC 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 CDC 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 cause shall be effected by delivery of written Notice of Termination to the CDC 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 CDC and its CONTRACTOR(S), whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CDC 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 less any damages caused the CITY by the CDC's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. 12. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONTRACTOR: Chris Zapata, City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 Brad Raulston, Executive Director National City CDC 1243 National City Boulevard National City CA 91950 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 3 .Grant Sub -recipient Agreement Between City and CDC 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. 13. 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. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. 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 party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. [signature page follows] 4 Grant Sub -recipient Agreement Between City and CDC IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION By: By: Ron Morrison, Mayor Brad Raulston, Executive Director APPROVED AS TO FORM: Claudia G. Silva Acting City Attorney 5 Grant Sub -recipient Agreement Between City and CDC EXHIBIT "A" Site Assessment Report Olson Property Site Assessment February 2010 6.0 CONCLUSIONS AND RECOMMENDATION The objectives of the SA were to assess areas with potential environmental issues previously identified by SECOR (2004), and to collect data on areas where no previous assessments had been conducted. RORE reviewed all available previous environmental reports and developed a SA Workplan aimed at achieving these goals. The results of the SA activities are summarized as follows: • Due to consistent arsenic concentrations in soil above Residential and Industrial RSLs, it is believed that detected concentrations below 11 mg/kg are a result of background soil conditions. The concentration of 11 mg/kg represents the upper range of background arsenic in soil for Southern California (Bradford, 1996). • No soil contamination was identified in the entire northeastern portion of the SA area, where soil borings were advanced on grid spacing. TPH-g, d, mo, and VOC detections were all near or below laboratory detection limits and arsenic was the only metal that exceeded the residential RSL. As discussed previously, the arsenic concentration is likely attributed to background soil concentrations. • The analytical results from soil sample DP-3 at 30-32 feet bgs (at or below groundwater) were found to be below the EPA SSLs for protection of groundwater. Therefore, an impact to groundwater is unlikely as a result of on -site metals concentrations in soil. As discussed previously, the arsenic concentration is likely attributed to background soil concentrations. • The results of the SA identified an area of soil likely impacted by petroleum and metals. The impacted area consists of shallow soil (<5 feet bgs) in the vicinity of borings DP-24, DP-25, and DP-26 and soil boring B6 previously advanced by SECOR in 2004. The estimated area of impacted soil is approximately 250 cubic yards (Figure 3). Excavation and off -site disposal of the impacted soil are recommended. • VOC contamination was not detected in samples collected from what appeared to be the saturated zone during the SA, indicating an off -site VOC contamination source to the northeast is not likely. Soil sampling results across the site do not indicate a VOC contamination source on the property. Low -concentration VOC groundwater concentrations detected in MW-1, -2, and -3, are therefore likely the result of either a very localized historic source which is degrading over time, or the result of off -site groundwater contamination coming from directions other than the northeast. Additional sampling of the three existing monitoring wells is recommended to further evaluate contaminant trends over time. If groundwater contamination appears to be increasing, other off -site contaminant sources could be evaluated. • Following excavation and disposal of the impacted soil, a limited risk analysis should be conducted to confirm that residual contamination will not pose any health risk to public and/or construction crews during the planned development of the site for commercial/industrial use. RORF, Inc. Page 13 ITEM #22 7/6/10 CLOSED SESSION REPORT (CITY ATTORNEY)