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2010 11-09 CC CDC ADJ AGENDA PKT
Agenda Of The Adjourned 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 — November 9, 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. PIease contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audibfonos estan disponibles en el pasillo al principio de la junta. Council Requests That All CeII 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.uov CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 11/9/2010 - 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 Meetings of May 11, 2010, May 25, 2010 and June 8, 2010 and the Regular Meetings of October 5, 2010 and October 19, 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 granting a quitclaim deed for a sewer easementvacation to Jade Group L.L.C. on a parcel of land at the southwest corner of Plaza Boulevard and Palm Avenue at 1540 Plaza Boulevard, which the existing sewer main was abandoned after realignment. (A.P.N. 557-330-09-00) (Development Services/Engineering) 4. Resolution of the City Council of the City of National City authorizing the Police Department to participate in the Bureau of Justice Assistance Bulletproof Vest Partnership Grant Program that will reimburse the City of National City $4,678.10 over a two year period. (Police) 5. Resolution of the City Council of the City of National City authorizing the acceptance of $95,000.00 in the form of the HOPE (Homeless Outreach, Prevention and Enforcement) grant from the U.S. Department of Justice, Office of Justice Programs. Grant 2010-DD-BX-0443. (Police) 6. Resolution of the City Council of the City of National City authorizing the National City Police Department to participate in the Jurisdictions Unified for Drug and Gang Enforcement (JUDGE) task force. (Police) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 11/9/2010 - Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to Agreement for exchange of real property and joint escrow instructions (522 West 8th Street and 2020 Hoover Avenue). (City Attorney) 8. WARRANT REGISTER #14 Warrant Register #14 for the period of 09/29/10 through 10/05/10 in the amount of $2,418,547.79. (Finance) 9 WARRANT REGISTER #15 Warrant Register #15 for the period of 10/06/10 through 10/12/10 in the amount of $673,814.17. (Finance) 10. WARRANT REGISTER #16 Warrant Register #16 for the period of 10/13/10 through 10/19/10 in the amount of $1,823,229.06. (Finance) 11. Investment Report for Quarter ended September 30, 2010. (Finance) ORDINANCES FOR INTRODUCTION 12. An Ordinance of the City Council of the City of National City adopting the 2010 California Building Code of Regulations, Title 24, Volumes I and II and Appendices C, G, H and I of said Code, amending certain sections; providing penalties for violation thereof; and amending Chapter 15.08 of the National City Municipal Code pertaining to the California Building Code. (Development Services/Building Division) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 11/9/2010 - Page 4 ORDINANCES FOR INTRODUCTION (Cont.) 13. An Ordinance of the City Council of the City of National City adopting the 2010 California Energy Code, California Code of Regulations, Title 24, Part 6, and amending Chapter 15.75 of the National City Municipal Code pertaining to the California Energy Code. (Development Services/Building Division) 14. An Ordinance of the City Council of the City of National City adopting the 2010 California Mechanical Code, California Code of Regulations, Title 24, Part 4 and adopting Appendix Chapters 1, A, B, C, and D of said Code, and the 2009 Uniform Mechanical Code, and amending Chapter 15.14 of the National City Municipal Code pertaining to the California Mechanical Code. (Development Services/Building Division) 15. An Ordinance of the City Council of the City of National City adopting the 2010 California Plumbing Code, Table 2902.1 of the 2010 California Building Code and Chapter 1, Division II of the 2010 California Plumbing Code, California Code of Regulations, Title 24, Part 5, and the Uniform Plumbing Code, and amending, adding, and deleting certain sections of these Codes, and amending Chapter 15.20 of the National City Municipal Code pertaining to the California Plumbing Code. (Development Services/Building Division) 16. An Ordinance of the City Council of the City of National City adopting the 2010 California Electrical Code, California Code of Regulations, Title 24, Part 3, Annex H of said Code, and the 2009 National Electrical Code as amended establishing requirements, rules and standards for electrical installations and materials within the City and amending Chapter 15.24 of the National City Municipal Code pertaining to the California Electrical Code. (Development Services/Building Division) 17. An Ordinance of the City Council of the City of National City adopting the 2010 California Green Building Standards Code, California Code Regulations, Title 24, Part 11 and amending the National City Municipal Code by adding Chapter 15.78 pertaining to the 2010 California Green Building Standards Code. (Development Services/Building Division) 18. An Ordinance of the City Council of the City of National City adopting Appendix J of the 2010 California Building Code, California Code of Regulations, Title 24, Part II, Appendix J and amending Chapter 15.70 (Grading) of the National City Municipal Code. (Development Services/Building Division) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 11/9/2010 - Page 5 ORDINANCES FOR INTRODUCTION (Cont.) 19. An Ordinance of the City Council of the City of National City adopting the 2009 Uniform Swimming Pool, Spa and Hot Tub Code, and amending Chapter 15.22 of the National City Municipal Code pertaining to Uniform Swimming Pool, Spa and Hot Tub Code. (Development Services/Building Division) 20. An Ordinance of the City Council of the City of National City adopting the 2010 California Residential Code, California Code of Regulations, Title 24, Part 2.5 and adding Chapter 15.79 pertaining to the California Residential Code. (Development Services/Building Division) 21. An Ordinance of the City Council of the City of National City adopting the 2010 California Fire Code of the California Code of Regulations, Title 24, and appendices thereto and the National Fire Protection Association Standards, amending certain sections; providing penalties for violation thereof; and amending Chapter 15.28 of the National City Municipal Code. (Fire) NEW BUSINESS 22. Update on the City Council on the Business Outreach and Retention Program: First monthly business license report. (Redevelopment) 23. A request to initiate a Street Vacation to vacate portions of D Avenue, south of 31st Street and 32"d Street, east of D Avenue. (Applicant: Sudberry Properties, Inc.) (Case File No. 2008-37 SC). (Development Services/Planning) 24. Temporary Use Permit - Sweetwater Harley-Davidson "Vatos y Viclas" event at 3201 Hoover Avenue on November 13, 2010 from 8 p.m. to 12 a.m. with no waiver of fees. (Neighborhood Services Division) 25. Request from Samahan (aka Community Health Center/United Fil-Am Senior Citizens of San Diego) to use Kimball Senior Center on the last Saturday of each month from 10:00 a.m. — 3:00 p.m. for their monthly social/dance club. (Community Services) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 11/9/2010 - Page 6 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 26. Resolution of the Community Development Commission (CDC) of the City of National City approving a Second Amendment to the Disposition and Development Agreement with San Diego Habitat for Humanity, Incorporated, revising the "Low Income Household" definition to mean persons and families whose income does not exceed eighty percent (80%) of the then current Area Median Income. (Community Development) 27. Resolution of the Community Development Commission (CDC) of the City of National City approving an Amendment to the Disposition and Development Agreement with San Diego Habitat for Humanity Incorporated, allowing for first- time homebuyer promissory notes to be forgiven on the forty-fifth anniversary date of purchase, amending definition of low income household, and revising development schedule. (Community Development) 28. Authorize the reimbursement of Community Development Commission expenditures in the amount of $1,127,727.89 to the City of National City for the period of 09/29/10 through 10/05/10. (Finance) 29. Authorize the reimbursement of Community Development Commission expenditures in the amount of $54,159.26 to the City of National City for the period of 10/06/10 through 10/12/10. (Finance) 30. Authorize the reimbursement of Community Development Commission expenditures in the amount of $100,816.91 to the City of National City for the period of 10/13/10 through 10/19/10. (Finance) 31. Investment Report for Quarter ended September 30, 2010. (Finance) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 11/9/2010 - Page 7 NON CONSENT RESOLUTION 32. Resolution of the Community Development Commission (CDC) of the City of National City approving an Agreement not to exceed $53,104 with E2 ManageTech Solutions, Inc. to prepare a Land Use Covenant for a portion of the Public Works yard site at 2200 Hoover Avenue and to conduct quarterly ground water monitoring as required by the California Department of Toxic Substances Control. (Low Mod Housing Tax Increment Fund) (Community Development) NEW BUSINESS 33. A final report on the Areawide Brownfield Assessment Grant for the Westside Specific Plan area. ($200,000 — Federal Funds) (Community Development) STAFF REPORTS 34. Two Week Holiday Closure Update. (City Manager) MAYOR AND CITY COUNCIL 35. Closed Session Report (City Attorney) ADJOURNMENT Adjourned Regular City Council and Community Development Commission Meeting — Tuesday — November 23, 2010 — 6:00 p.m. - Council Chambers — National City, California. (See attached revised Council meeting schedule) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 11/9/2010 - Page 8 NOTICE OF MODIFIED CITY COUNCIL MEETING SCHEDULE Please be advised that the City Council has adopted the following modified meeting schedule for November, December 2010 and January 2011. 2010 November 2 No Meeting November 9 Meeting November 23 Meeting December 7 Meeting 2011 January 11 Meeting January 25 Meeting Beginning in February 2011, the normal City Council Meeting Schedule (the first and third Tuesday of the month) will resume. ITEM #1 11 /9/10 APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS OF MAY 11, 2010, MAY 25, 2010 AND JUNE 8, 2010 AND THE REGULAR MEETINGS OF OCTOBER 5, 2010 AND OCTOBER 19, 2010. (CITY CLERK) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption ITEM #2 11/9/10 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: November 9, 2010 AGENDA ITEM NO. 3 'EM TITLE: A Resolution of the City Council of the City of National City granting a quitclaim deed for a sewer easement vacation to Jade Group L.L.C. on a parcel of land at the southwest corner of Plaza Boulevard and Palm Avenue at 1540 Plaza Boulevard, which the existing sewer main was abandoned after realignment. (A.P.N. 557-330-09-00) PREPARED BY: Charles Nissley PHONE: 336-4396 EXPLANATION: DEPARTMENT: Development Services/ Enginion APPROVED BY Jade Group L.L.C. is the owner and developer of a parcel of land located at 1540 Plaza Boulevard. Currently there exists a sewer easement for a sewer main that runs diagonally through the property from the southeasterly corner of the property to the northwesterly corner. The sewer main was realigned down the center line of Palm Avenue and then into the sewer main in Plaza Boulevard. That portion running through 1540 Plaza Boulevard was then abandoned; however the easement was not vacated at the time of the realignment. Jade Group L.L.C. has proposed a new commercial building development on the site; however the location and size of the easement severely limits the potential of the site for develoment. Jade Group L.L.C. has requested that since the sewer main has been abandoned that the sewer easement be abandoned by the city so they may proceed with the development of their site as proposed. The easement area is more particularly described in Exhibit A and Exhibit B. Jade Group L.L.C. will be required lay for the fees for the recording of the Quitclaim Deed and the County of San Diego. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Adopt the Resolution. I I FINAL ADOPTION: BOARD / COMMISSION RECOMMENDATION: N/A APPROVED: APPROVED: Finance MIS ATTACHMENTS: resolution .,tuitclaim Deed 3. Exhibit A & B easementjade RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GRANTING A QUITCLAIM DEED FOR A SEWER EASEMENT VACATION TO JADE GROUP, LLC, FOR A PARCEL OF LAND LOCATED AT 1514 PLAZA BOULEVARD WITH AN EXISTING SEWER MAIN THAT WAS ABANDONED AFTER REALIGNMENT WHEREAS, Jade Group, LLC, is the owner and developer of a parcel of land located at 1540 Plaza Boulevard (the "Site") which has a sewer easement for a sewer main that runs diagonally through the property from the southeasterly corner to the northwesterly corner; and WHEREAS, the sewer main was realigned down the center of Palm Avenue and the sewer main on Plaza Boulevard was abandoned, but the easement was not vacated at the time of the realignment; and WHEREAS, Jade Group, LLC, has proposed a new commercial building development on the Site, and requests that the easement be vacated because the location and size of the easement severely limits the potential of the Site for development. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby grants a Quitclaim Deed for a sewer easement vacation to Jade Group, LLC, for a parcel of land located at 1514 Plaza Boulevard with an existing sewer main that was abandoned after realignment. PASSED and ADOPTED this 9th day of November, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney RECORDING REQUESTED BY WIZEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Document transfer tax is $ City of National City, and Quitclaim Deed APN 557 330 09 00 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged The City of National City, a Municipal Corporation in the County of San Diego, State of California hereby REMISE(S), RELEASE(S) AND FOREVER QUITCLAIM(S) to Jade Group, L.L.C. that property in the City of National City, County of San Diego, State of California, described as: An easement for sewer and incidental purposes as recorded in book 2222, page 98 of official records. The easement is more particularly described and shown in Exhibits "A" and "B" attached hereto and made a part hereof: Dated Ron Morrison, Mayor State of California ) County of San Diego ) S.S. On the day of , 20 before me MICHAEL R DALLA, City Clerk, personally appeared RON MORRISON, MAYOR who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature(s) on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. t certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and con-ect. WITNESS my hand and official seal. Signature Michael R Dalla - City CLerk 1 LEGAL DESCRIPTION ALL OF THAT PORTION OF A 10 FOOT WIDE EASEMENT GRANTED TO THE CITY OF NATIONAL CITY, A MUNICIPAL CORPORATION AS DESCRIBED IN A DOCUMENT RECORDED IN BOOK 2222, PAGE 98, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, LYING WITHIN THAT LAND CONVEYED TO JADE GROUP LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, BY GRANT DEED RECORDED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, MARCH 11, 2010 AS DOCUMENT NO. 2010-0119901 OF OFFICIAL RECORDS, BEING 5 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEASTERLY CORNER OF 40 ACRE LOT 2 IN QUARTER SECTION 132 OF THE RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 166, MADE BY GEORGE S. MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MAY 11, 1869; THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE OF SAID 40 ACRE LOT 2 IN SAID SECTION 132 OF SAID MAP NO. 166, SOUTH 71°00'00" WEST 238.81 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 89°46'00" EAST 36.83 FEET; THENCE SOUTH 64°13'00" EAST 85.14 FEET TO THE WESTERLY LINE OF SAID LANDS CONVEYED TO JADE GROUP LLC, BEING ALSO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 64°13'00" EAST 159.35 FEET TO THE WESTERLY LINE OF PALM AVENUE ALSO BEING THE EASTERLY LINE OF SAID LANDS CONVEYED TO JADE GROUP, LLC. THE SIDE LINES OF WHICH SHALL BE EXTENDED OR SHORTENED SO AS TO TERMINATE ON THE EASTERLY AND WESTERLY LINES OF SAID LANDS CONVEYED TO THE JADE GROUP, LLC AND THE WESTERLY LINE OF PALM AVENUE. CASEY R. LYNCH, P.L.S. No. 8380 EXHIBIT A 2 NORTHERLY LINE OF QUARTER SECTION 132 OF MAP NO. 166 5iA0°00V' S89 "46'00"E 36.83' AS 8s71. S6� 3 00 POINT OF BEGINNING PLAZA BOULEVARD 80' RIGHT OF WAY PORTION DEDICATED PEER BOOK 8041, PAGE 501 OF OFFICIAL RECORDS PORTION OF 40 ACRE �� LOT 2, QTR. SECTION ‘ 132 OF THE RANCHO DE ` LA NACION, MAP NO. 166 LANDS OF ML PROPERTIES APN: 557-330-08 GRANT DEED RECORDED NOVEMBER 6, 1998 DOC#1998-0724997 OF OFFICIAL RECORDS INDICATES EASEMENT AREA TO BE VACATED (1592 SQ. FT = 0.04 ACRES) 40 LANDS OF JADE GROUP, LLC APN: 557-330-09 GRANT DEED RECORDED MARCH 11, 2010 AS DOC# 2010-0119901 OF OFFICIAL RECORDS 20 0 40 POINT OF COMMENCEMENT 80 120 SCALE IN FEET 1 INCH = 40 FT. EASEMENT VACATION PLAT WITHIN A PORTION OF 40 ACRE ' OT 2, QTR. SECT. 132 IN RANCHO DE LA NACION, MAP NO. 166 CITY OF NATIONAL CITY, CA $URKETT bwoWG ENGINEERS & SURVEYORS 3434 Fourth Ave., San Diego, CA 103-5740 (619) 299-5550 CAS LYNCH LS 8380 DATE Exr-1i81 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 9 2010 AGENDA ITEM NO.4 EM TITLE: Resolution of the City Council of the City of National City authorizing the Police Department to participate in the Bureau of Justice Assistance Bulletproof Vest Partnership Grant Program that will reimburse the City of National City $4,678.10 over a two year period. PREPARED BY: :Ronni Zengota DEPARTMENT: Police PHONE: 4516 APPROVED BY: /� "-- EXPLANATION: On May 20, 2010, the National City Police Department submitted an application to the U.S. Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) to participate in the 2010 Bulletproof Vest Grant Program. On October 7, 2010, the Police Department was notified that our application was approved for 50% of the application amount of $9,356.19, that can be dispersed over a two year period until September 30, 2012. The OJP Bulletproof Vest Partnership Program reimburses eligible -haw enforcement agencies up to 50% of the cost of bulletproof vests provided to police officers. Participation in this program will save the City up to 50% of the cost of bulletproof vests over the next two years. The funds we normally would have spent on bulletproof vests will count as our 50% matching funds with no supplanting issues or negative impact on the budget now or in the future. The Police Department requests the reimbursement funds be remitted to the Police Department budget purchase additional bulletproof vests as needed for police officers. Continued FINANCIAL STATEMENT: ) APPROVED: ACCOUNT NO. APPROVED: 001-11000-3636 Funds are appropriated in Account 001-411-000-318-0002, no additional funding required ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION:. FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: ird Notice Council Agenda Statement Resolution Authorizing the Police Department to Participate in the Bureau of Justice Assistance Bulletproof Vest Partnership Program Page 2 The Police Department has participated in the OJP Bulletproof Vest Partnership Program since 2004, which was 50% of $59,371.30 or $25,685.65. The 2004 award ended in September, 2008. In 2008, the award was 50% of $16,697.85 or $8,348.93 reimbursed. The 2008 award ended in September, 2010. Procedure The Police Department will make purchases of police bulletproof vests as normal. When a vest is purchased and received, the National City Police Department will start the online reimbursement request by going to the Bulletproof Vest Partnership website and logging into our account, which is already active. The Police Department will go to Section 4.1 and complete the "Report Receipt of Vests" and Section 5.1 "Request Payment". Payments will be processed by the Bulletproof Vest Partnership and payment will be transferred to the City's designated Automated Clearing House (ACH) account provided to BVP at the time of application. Page 1 of 1 Ronni Zengota From: owner-bvp-list@ojp.usdoj.gov on behalf of BVP [bvp@usdoj.gov] Sent: Thursday, October 07, 2010 8:46 AM To: BVP-list Subject: Bulletproof Vest Partnership FY 2010 Award Announcement The Bureau of Justice Assistance (BJA) is pleased to inform you that your agency will receive an award under the Fiscal Year (FY) 2010 Bulletproof Vest Partnership (BVP) solicitation. These funds have been posted to your account in the BVP system. For questions regarding the BVP Program or your award, please do not hesitate to contact the BVP Help Desk at vests@usdoj.gov or 1-877-758-3787. A complete list of FY 2010 BVP awards is available at: http://www.ojp.usdoj.gov/bvpbasi/ The FY 2010 award funds may be used for National Institute of Justice (NIJ) compliant armored vests which were ordered on or after April 1, 2010. The deadline to request payments from the FY 2010 award funds is August 31, 2012, or until all available 2010 awards funds have been requested. BJA is also announcing a financial hardship waiver request for all FY 2010 BVP funds. Previously, a jurisdiction was only able to request up to 50% the cost of a vest with their available BVP funds. Now, during the payment request process, jurisdictions may request a waiver and receive up to 100% of the cost of each vest submitted for reimbursement. Jurisdictions requesting a waiver of the 50% match requirement may not use BVP funds toward the purchase of any vest with a total unit cost greater than $1,200; excluding taxes, shipping and handling fees (if any) to maximize funding for all eligible jurisdictions. Additionally, jurisdictions requesting a waiver have to meet criteria of financial or natural disaster hardship. The jurisdictions have to cite the source of their financial hardship during the waiver request process. Jurisdictions will be expected to keep documentation substantiating the financial hardship for four years and realize the waiver requests are open to Bureau of Justice Assistance and Office of the Inspector General audits. Finally, all applicant jurisdictions, requesting a waiver of the 50% match, would be required to certify that the jurisdiction's Chief Executive Officer formally accepts the request for the waiver and confirms the waiver justification provided. The certification must list the highest elected official from the requesting jurisdiction in order to be approved. Thank You. BVP Program Support Team 10/11/2010 State Jurisdiction Name Award Amount CA LAKE COUNTY $9,192.22 CA LINCOLN CITY $4,149.07 CA LIVINGSTON CITY $4,400.00 CA LOMPOC CITY $4,823.05 CA LONG BEACH CITY $44,845.71 CA LOS ANGELES CITY $150,647.00 CA LOS ANGELES COUNTY $149,798.77 CA LOS ANGELES WORLD AIRPORT $25,844.24 CA LOS BANOS CITY $2,675.58 CA LOS GATOS TOWN $6,392.62 CA LOSRIOS $4,373.52 CA MANHATTAN BEACH CITY $5,778.04 CA MANTECA CITY $2,975.39 CA MARINA CITY $3,487.50 CA MCFARLAND CITY $6,650.00 CA MENDOCINO COUNTY $25,039.33 CA MENDOTA CITY $761.25 CA MERCED CITY $7,612.50 CA MERCED COUNTY $13,027.81 CA MODESTO CITY $3,836.98 CA MONO COUNTY $1,109.98 CA MONROVIA CITY $3,150.00 CA MONTCLAIR CITY $4,040.25 CA MONTEREY CITY $3,735.96 CA MONTEREY COUNTY $14,856.07 CA MORRO BAY CITY $2,800.00 CA MOUNTAIN VIEW CITY $12,375.35 CA NAPA COUNTY $4,215.95 CA NATIONAL CITY $4,678.10 CA NEVADA COUNTY $5,766.00 CA NEWARK CITY $5,762.00 CA NEWPORT BEACH CITY $15,625.99 CA NOVATO CITY $7,807.50 CA OCEANSIDE CITY $5 222 77 CA ONTARIO CITY $21,307.13 CA ORANGE CITY $6,783.58 CA ORLAND CITY $4,909.32 CA OROVILLE CITY $1,657.30 CA OXNARD CITY $3,621.46 CA PALM SPRINGS CITY $25 218 72 CA PALO ALTO CITY $12,274.20 CA PALOS VERDES ESTATES CITY $2,300.14 CA PARLIER CITY $3,828.75 CA PASADENA CITY $11,154.18 CA PETALUMA CITY $3,204.38 CA PINOLE CITY $480.60 CA PITTSBURG CITY $26,450.00 CA PLACENTIA CITY $2,465.50 CA PLEASANT HILL CITY $420.59 CA PLEASANTON CITY $3,439.78 CA REDDING CITY $20,642.47 CA REDLANDS CITY $10,194.63 CA REDONDO BEACH CITY $3,495.54 6 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE POLICE DEPARTMENT TO PARTICIPATE IN THE BUREAU OF JUSTICE ASSISTANCE BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM, AND DIRECTING A REQUEST FOR REIMBURSEMENT FOR THE COSTS OF PURCHASING BULLETPROOF VESTS IN AN AMOUNT UP TO $4,678.10 WITHIN TWO YEARS WHEREAS, on May 20, 2010, the Police Department submitted an application to the United State Office of Justice Program (OJP), Bureau of Justice Assistance (BJA), to participate in the 2010 Bulletproof Vest Partnership Grant Program, which reimburses eligible law enforcement agencies up to 50% of the cost of bulletproof vests provided to police officers; and WHEREAS, on October 7, 2010, the Police Department was notified that the application was approved for 50% of the application amount of $9,356.19, a total reimbursement award of $4,678.10 that can be dispersed over a two-year period until September 30, 2012. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Police Department to participate in the Bureau of Justice Assistance Bulletproof Vest Partnership Grant, which will reimburse up to $4,678.10 for the purchase of bulletproof vests until September 30, 2012, and directs staff to request reimbursement for such from the Bureau of Justice. PASSED and ADOPTED this 9th day of November, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 9, 2010 AGENDA ITEM NO. 5 ;M TITLE: Resolution of the City Council of the City of National City authorizing the acceptance of $95,000.00 in the form of the HOPE (Homeless Outreach, Prevention and Enforcement) grant from the U.S. Department of Justice, Office of Justice Programs. Grant 2010-DD-BX-0443.. PREPARED BY: ;;Lieutenant Lanny Roark PHONE: 336-4524 EXPLANATION: DEPARTMENT: Police "APPROVED BY: The United States Department of Justice -Office of Justice Programs has approved the City's application for funding under the FY 10 Congressionally Selected in the amount of $95,000.00. This grant award is for the funding and implementation of the HOPE grant, addressing homelessness in the City of National City. This grant will allow the funding of homeless outreach services via South Bay Community Services, encampment clean up services, debris removal and related homeless outreach, prevention and enforcement efforts. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. 290-411-622-* `�`gjt\'APPROVED: MIS The 2010 Congressionally Selected HOPE grant program does not require a match; therefore, there is no impact to the General Fund ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends that the City Council authorize acceptance of the grant, allowing for grant program implementation. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: -PE Grant documents RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF A HOMELESS OUTREACH, PREVENTION AND ENFORCEMENT (HOPE) GRANT IN THE AMOUNT OF $95,000 FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, TO FUND HOMELESS OUTREACH SERVICES BY SOUTH BAY COMMUNITY SERVICES WHEREAS, the U.S. Department of Justice, Office of Justice Programs has awarded the National City Police Department a Homeless Outreach, Prevention, and Enforcement (HOPE) reimbursable grant in the amount of $95,000; and WHEREAS, the implementation of the HOPE grant is to address homelessness in the City of National City by funding homeless outreach services provided by South Bay Community Services for encampment cleanup services, debris removal, and related homeless outreach, prevention, and enforcement efforts. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby authorizes the acceptance of the Homeless Outreach, Prevention and Enforcement (HOPE) grant in the amount of $95,000 from the U.S. Department of Justice, Office of Justice Programs to fund homeless outreach services by South Bay Community Services. PASSED and ADOPTED this 9th day of November, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Department ofJustice Office of Justice Programs Office for Civil Rights Washington, D_C. 20531 September 8, 2010 Mr. Chris Zapata City of National City 1243 National City Boulevard National City, CA 91950-4302 Dear Mr. Zapata: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office ofJustice Programs (OJP), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with Department ofJustice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov. Ensuring Equal Treatment for Faith -Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith -based organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith -based organizations from using financial assistance from the Department ofJustice to fund inherently religious activities. While faith -based organizations can engage in non -funded inherently religious activities, they must be held separately from the Department ofJustice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department ofJustice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's website at http://www.ojp.usdoj.gov/ocr/elibo.htm. State Administering Agencies and faith -based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act (RFRA) is reasonably construed, on a case -by -case basis, to require that its funding agencies permit faith -based organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees. Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office. Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Nan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. §§ 42205(5) or 31.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both f ui- and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may'also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can be found at http:/fwww.ojp.usdoj.gov/ocr/eeop.htm. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. The Certification Form can be found at httpl/www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings of Discrimination in the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review. Ensuring the Compliance of Subrecipients If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307- 0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, 711,14-1 a. Michael L. Alston Director cc: Grant Manager Financial Analyst Department ofJustice Office ofJustice Programs Office of the Assistant Attorney General September 8, 2010 Mr. Chris Zapata City of National City 1243 National City Boulevard National City, CA 91950-4302 Dear Mr. Zapata: Washington, D.C. 20531 On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office ofJustice Programs has approved your application for funding under the FY 10 Congressionally Selected in the amount of $95,000 for City of National City. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Dean Iwasaki, Program Manager at (202) 514-5278; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@)usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Laurie Robinson Assistant Attorney General Enclosures Department of Justice Office of Justice Programs Office of the Chief Financial Officer Washington, D.C. 20531 September 8, 2010 Mr. Chris Zapata City of National City 1243 National City Boulevard National City, CA 91950 - 4302 Reference Grant Number. 2010-DD-BX-0443 Dear Mr. Zapata: 1 am pleased to inform you that my office has approved the following budget categories for the aforementioned grant award in the cost categories identified below: Category Budget Personnel $27,004 Fringe Benefits $6,108 Travel $600 Equipment $1,400 Supplies $360 Construction $0 Contractual $53,800 Other $1,020 Total Direct Cost $90,292 Indirect Cost $4,708 Total Project Cost $95,000 Federal Funds Approved: $95,000 Non -Federal Share: $0 Program Income: $0 Match is not required for this grant program. All individual consultant fees in excess of $450 per 8 hour day require prior approval of OJP. All Sole Source procurement in excess of $100,000 requires written justification and the prior approval of OJP. The applicant is a local government unit and is not required to submit an indirect cost rate agreement. The grantee must retain the cost allocation plans on file for audit purposes. If you have questions regarding this award, please contact: - Program Questions, Dean Iwasaki, Program Manager at (202) 514-5278 - Financial Questions, the Office of Chief Financial Officer, Customer Service Center(CSC) at (800) 458-0786, or you may contact the CSC at askocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Leigh Benda Acting Chief Financial Officer Department of Justice Office of Justice Programs ; Bureau of Justice Assistance Grant PAGE I OF 3 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of National City 1243 National City Boulevard National City, CA 91950-4302 4, AWARD NUMBER: 2010-DD-BX-0443 5. PROJECT PERIOD: FROM 07/012010 TO 06/302011 BUDGET PERIOD: FROM 07/012010 TO 06/302011 6. AWARD DATE 09/082010 7. ACTION Initial IA. GRANTEE IRS/VENDOR NO. 956000749 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT $ 0 3. PROJECT TITLE Homeless Outreach Program and Enforcement (HOPE) Project 10. AMOUNT OF THIS AWARD $ 95,000 11. TOTAL AWARD $ 95,000 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under Department of Justice Appropriations Act, 2010 (Pub. L. No. 111-117) 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Laurie Robinson Assistant Attorney General 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Chris Zapata City Manger 17. SIGNATURE OF APPROVING OFFICIAL V 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL . 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DI 80 00 00 95000 21. JDIUGT3070 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office ofJustice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 2 OF 3 PROJECT NUMBER 2010-DD-BX-0443 AWARD DATE 09/082010 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of OW grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OW Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either I) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department ofJustice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig. 6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high -risk grantee. Cf. 28 C.F.R. parts 66, 70. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 3 OF 3 PROJECT NUMBER 2010-DD-BX-0443 AWARD DATE 09/08R0ID SPECIAL CONDITIONS 8. In accordance with applicable law, the recipient shall not use these funds for any of the following purposes: 1. land acquisition; 2. construction projects; or 3. security enhancements or security equipment to non-govemmental entities that do not engage in law enforcement, law enforcement support, criminal or juvenile justice, or delinquency prevention. 9. Recipient understands and agrees that it must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reports through GMS (https://grants.ojp.usdoj.gov), and that it must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other requirements, refer to BJA's website. Failure to submit required reports by established deadlines may result in the freezing of grant funds and High Risk designation. 10. The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 11. The recipient agrees expeditiously to obtain active registration with the Central Contractor Registration (CCR) database, and to notify the program office in writing of its registration. Following satisfaction of this requirement, a Grant Adjustment Notice will be issued to remove this special condition. 12. Approval of this award does not indicate approval of any consultant rate in excess of $450 per day. A detailed justification must be submitted to and approved by the Office of Justice Programs (OJP) program office prior to obligation or expenditure of such funds. 13. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. OTP FORM 4000/2 (REV. 4-88) Department of Justice Office ofJustice Programs Bureau of Justice Assistance Washington, D.C. 2D531 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Categorical Exclusion for City of National City The Edward Byrne Memorial Discretionary Grants Program helps local communities improve the capacity of local justice systems and provides for national support efforts. Awards under this program will be used to effectively plan, manage, and allocate resources to encourage information sharing to reduce the incidence of crime and drug abuse, to provide responsive law enforcement services to enhance local courts, and to enhance local corrections and offender reentry. None of the following activities will be conducted whether under the Office ofJustice Programs federal action or a related third party action: (1) New construction. (2) Renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain. (3) A renovation which will change the basic prior use of a facility or significantly change its size. (4) Research and technology whose anticipated and future application could be expected to have an effect on the environment. (5) Implementation of a program involving the use of chemicals. Consequently, the subject federal action meets the Office of Justice Programs' criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of the Code of Federal Regulations. Additionally, the proposed action is neither a phase nor a segment of a project which when reviewed in its entirety would not meet the criteria for a categorical exclusion. Department ofJustice Office of Justice Programs Bureau ofJustice Assistance GRANT MANAGER'S MEMORANDUM,PT. I: PROJECT SUMMARY Grant PROJECT NUMBER 2010-DD-BX-0443 PAGE 1 OF I This project is supported under Department of Justice Appropriations Act, 2010 (Pub. L. No. II 1-117) 1. STAFF CONTACT (Name & telephone number) Dean Iwasaki (202) 514-5278 - 2. PROJECT DIRECTOR (Name, address & telephone number) Lanny Roark Lieutenant 1200 National City Boulevard National City, CA 91950-0302 (619) 336-0524 3a. TITLE OF THE PROGRAM BJA FY 10 Congressionally Selected 3h. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 4. TITLE OF PROJECT Homeless Outreach Program and Enforcement (HOPE) Project 5. NAME & ADDRESS OF GRANTEE City of National City 1243 National City Boulevard National City, CA 91950-4302 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD FROM: 07/01/2010 TO: 06/30/2011 8. BUDGET PERIOD FROM: 07/01/2010 TO: 06/30/2011 9. AMOUNT OF AWARD $ 95,000 10. DATE OF AWARD 09/08/2010 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. TIIIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT • 15 SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Congressionally Recommended Awards Program, authorized by the Department ofJustice Appropriations Act, 2010 (Pub. L. 1 1 1-117), helps improve the functioning of the criminal justice system, prevent or combatjuvenile delinquency, and/or assist victims of crime (other than compensation). Funds should be used for the projects recommended by Congress, in the amounts specified in the joint explanatory statement incorporated by reference into Pub. L. 111-117, and generally consistent with one or more of the following statutory purposes: improving the functioning of the criminal justice system, preventing or combating juvenile delinquency, or assisting victims of crime (other than compensation). Each of these purposes is framed using language drawn, respectively, from the former Byrne discretionary statute, the Juvenile Justice and Delinquency Prevention Act, the Victims of Crime Act, and the Violence Against Women Act. This project is authorized and funded through a line item in the FY 2010 Congressional Budget and by the joint explanatory statement that is incorporated by reference into the FY2010 Department of Justice Appropriations Act (REV. 4-88) The City of National City, through South Bay Community Services, will support the Homeless Outreach Program and Enforcement project. The initiative aims to provide the homeless with support services that address drug and alcohol treatment and domestic violence, as well as social services that include long tetra housing and public benefits. Project implementation will involve a partnership between South Bay Community Services, the National City Police Department, and the City Attomey's Office. Grant funds will be applied towards the salary of a full time homeless outreach liaison to be stationed at the National City Police Department. The liaison wilt be tasked with conducting program outreach and crisis intervention, assessment, and case management. NCA/NCF SOUTH BAY COMMUNITY SERVICES National City Homeless Outreach Program and Enforcement (HOPE) A Partnership Between South Bay Community Services and The City of National City, California June 2010 Statement of the Problem The distressed economy has impacted a great number of individuals and families who have become homeless, or are at -risk of becoming homeless. The 2010 Point -in -Time Count conducted by the Regional Task Force on the Homeless reported a 7.8% increase in homelessness in San Diego County from the past year. This included a 12.8% increase in the number of unsheltered homeless individuals within the County. The City of National City itself has experienced an influx in the number of homeless persons, particularly trans -border migrants and their families, as well as those suffering as a result of the current economic crisis. With this increase, concerned citizens have frequently lodged complaints with the Police Department regarding issues surrounding the homeless population, which is affecting the quality of life of not only the homeless but the rest of the populace. Most of the homeless in National City, according to the National City Police Department, fall within four categories: mentally ill, drug or alcohol dependent, migrants, or those whose recent circumstances have disrupted their life and caused them to be homeless. The homeless families and individuals who fall within one or more of these categories do not benefit, nor do they become motivated to seek long-term .housing as a result of being issued a citation by a police officer. Although some have been involved in criminal activity which warrants their arrest, others may benefit from outreach and resources to help them get back on their feet and into a long-term care facility. The HOPE Program (Homeless Outreach Program and Enforcement) would be a continued collaboration among South Bay Community Services (SBCS) and other social service organizations as well asvarious departments within National City government including but not limited to the. National City Police Department, Public Works, Code Enforcement, the National City Fire Department and the City Attorney's Office, to provide outreach, resources and case management to the City's homeless population. The HOPE Task Force will continue to work together to address long-term housing issues, and bridge the gap between homelessness and long-term care. Goals and Objectives South Bay Community Services' goal is to assist National City's homeless individuals and families to access services and supports that will enable them to secure long-term housing, and change their lives to become as self-sufficient as possible given their individual situation and potential. This will be achieved through the following objectives: 1. Receive and follow-up with residents' concerns regarding the city's homeless population within 72 hours (as documented in contact log); 2. Conduct outreach to 150 homeless individuals, to connect them with appropriate services available within the community (as documented in contact log and intake forms); 2 3. Provide information and facilitated referrals to 150 homeless individuals, including information on obtaining public benefits and other services and programs available in the community such as shelter and long-term housing, food programs, medical services, drug and alcohol treatment programs, domestic violence programs, and other programs as needed (as documented in contact log and case files); 4. Provide one-to-one crisis intervention; assessment and case management for 10 homeless clients (as documented in case files); 5. Participate in weekly ride-alongs with National City Police Officers to provide homeless outreach and assistance (documented in HOPE Weekly Reports); 6. Participate in monthly regional coordination meetings such as National City's Homeless Coordination Meeting and the South Bay Homeless Advocacy Coalition to ensure that referrals are current and services are coordinated with regional efforts. Project Design SBCS proposes to hire a full-time (40 hours/week) Homeless Outreach Liaison (75% of which will be funded under this proposal/contract), who will be stationed at the National City Police Department and will provide the following services: Receive and follow-up on residents' concerns regarding the city's homeless population. Conduct outreach to ensure that homeless individuals are aware of services available through SBCS and other local social service agencies. This will include visiting various homeless "camps" in National City at various hours of the day, in order to provide crisis intervention and connect as many homeless people as possible with appropriate services. Provide one-to-one crisis intervention, assessment, and case management to homeless individuals. Provide information and facilitated referrals, including information on obtaining public benefits and other services and programs available in the community such as shelter and long-term housing, food programs, medical services, drug and alcohol treatment programs, domestic violence programs, etc. Participate in regional coordination meetings such as the National City's Homeless Coordination Meeting and the South Bay Homeless Advocacy Coalition to ensure that referrals are current and services are coordinated with regional efforts. Participate in HOPE Task Force Meetings, and other City Council and/or collaborative meetings as deemed necessary by the Task Force. 3 Implementation/Time Task Plan Objectives: Timeframe for Completion: Measurement Criteria: ' 1. Receive and follow-up with residents' concems regarding the city's homeless population. With 72 hours of call/email Contact Log 2. Conduct outreach to 150 homeless individuals, to connect them with appropriate services available within the community. On -going with the goal of reaching 13 homeless individuals per month (x 12 months). Contact Log, Intake Forms 3. Provide information and facilitated referrals to 150 homeless individuals, including information on obtaining public benefits and other services and programs available in the community such as shelter and long-term housing, food programs, medical services, drug and alcoholtreatmentprograms, domestic violence programs, and other programs as needed. On -going with the goals of providing information and referrals to an average of 13 homeless individuals per month. Contact Log, Case Files 4. Provide one-to-one crisis intervention, assessment and case management for 10 homeless clients On -going with the goal of up to 1 new client per month. Case files 5. Participate in ride-alongs with National City Police Officers to provide homeless outreach and assistance Weekly HOPE Weekly Reports 6. Participate in regional coordination meetings such as National City's Homeless Coordination Meeting and the South Bay Homeless Advocacy Coalition to ensure that referrals are current and services are coordinated with regional efforts. Monthly Case files Program Evaluation Program Evaluation and Quality Management is an integrated process facilitated by the SBCS' Contract Compliance and Quality Assurance Department (CCQA). The CCQA staff possess extensive experience with monitoring and evaluating service delivery, and they regularly review the conditions of each contract to ensure these conditions are being met correctly and with high quality. SBCS has written policies which address Privacy, Confidentiality and the Release of Information, and all program procedures are HIPAA compliant. SBCS will use various tools to measure program success, including a contact log, sign -in sheets, customer satisfaction surveys, individual case contact notes, and a HOPE Weekly Report. The contact log will provide a record of homeless persons contacted or assisted by the Homeless Liaison. Sign -in sheets will indicate that a group or presentation took place. Individual case 4 contact notes may include the assessment tool together with progress notes indicating increased knowledge of available resources, as well as increased social support and coping skills; referring information; notice of privacy and release of information; evaluations, reports and individual service plans including any revision; progress notes; collateral notes from conversations and meetings with other people including professionals regarding the case; and a closing summary. The HOPE Weekly Reports provide updates regarding Liaison contacts and client progress to ensure that SBCS is on track to meet and exceed program objectives. Project Management Structure The HOPE Program operates under SBCS' Community Development Depaittnent overseen by the Chief Executive Officer and Board of Directors. All project services will be provided by qualified staff, under the supervision of competent, experienced, and qualified supervisors. Mauricio Torre, Community Development Department Director, oversees all aspects of program development, implementation, evaluation and maintenance for department contracts and programs; promotes programs through outreach, presentations and networking; monitors budget and program process, statistical reporting and contract management; oversees all county required performance outcome project measurements; oversees completion of monthly data reports in coordination with the Quality Assurance Department; supervises the completion of quarterly narrative reports as required by contracts; produces policies and procedures as well as other materials and forms for programs; conducts training, weekly meetings and strategic planning for department; manages the department budget and staff. Jose Mireles, Community Development Department, Program Director, supervises department programs related to fair housing, housing services and resources, employment assistance, emergency shelter, emergency food assistance, utility assistance, financial literacy, and case management; develops and maintains collaborative partnerships with the Chula Vista Elementary School District, Sweetwater Union High School District, and community organizations; develops and supervises operational and data collection systems; supervises program coordinators, direct service staff, and interns; supervises special projects and contracts; coordinates events and ongoing community activities; facilitates trainings and meetings; analyzes and audits client files; develops monthly, quarterly, and annual reports; and performs other duties as needed. Angel Perez, HOPE Liaison, is stationed at the National City Police Department and works collaboratively with National City representatives to provide outreach including information regarding public benefits and other services and programs available in the community, crisis intervention, assessment, and case management services for homeless individuals and families in National City; participates in regional coordination meetings such as National City's Homeless Coordination Meeting and the South Bay Homeless Advocacy Coalition; maintains contact log, sign -in sheets and client case files; prepares weekly HOPE reports for review by SBCS CCQA and the City; performs other duties as assigned by the Program Director. See Organizational Chart below. SBCS South Bay Community Services Organizational Chart Chula vma Carnnakaly CabaOaaOse Co dyes Reach Out Nall:sad City CdbsEmaeve bFamMes WM Casa Mantra &Heber Residents' Countls CAT Youth AevisM Council • M MMW Ms. •YW1;Fb NK•esr. — Wre M1WU uwUN — M Y . rig Organizational Capacity Founded in 1971, SBCS is a multifaceted non-profit organization providing a comprehensive array of interconnected health, social service, education, and community development activities for children, youth, and families. SBCS' mission is to provide children, youth, and families with services which reinforce the family's role in our community and assist individuals to aspire realisticly to lives of self-fulfillment. SBCS touches the lives of almost 50,000 people annually, 60% of whom live below poverty level. SBCS serves the County's South Bay region, which covers over 400 sq. miles with a population of 450,244 and includes National City. SBCS' strengths include an exceptionally high level of collaboration with a wide variety of agencies; a broad range of bilingual, culturally appropriate services responding to the many needs of struggling families; flexible wraparound philosophy, including a "no wrong door" approach with staff out -stationed at multiple locations (including National City's Family Resource Centers, police department, and schools), that is responsive to emerging needs and challenges; and a high level of trust and recognition among low-income and at -risk neighborhoods. 6 SBCS is committed to providing respectful services based on community strengths, needs, and goals. SBCS has an annual operating budget of $ 1 9 million, employs a staff of 212 professionals supported by 200 volunteers. Staff hiring takes into account the racial, ethnic, linguistic, and social background of clients and every effort is made to provide a sirnilar staff/client balance Services are provided through four departments: I. Family Wellness & Self Sufficiency Department: an integrated continuum of service strategies and programs focused on strengths, assets, and resiliencies of families; 2. Youth & Family Development: emphasizing prevention, early intervention, and diversion; 3. Community Development Department: affordable housing and economic advancement for low-income families; and, 4. Child Well Being Department: promoting children's abilities to learn at their optimal potential through health and developmental screenings, assessments and treatment, and early educational opportunities. As a result of our almost 40 years experience providing programs and services for children, youth, individuals, and families in the South Bay, SBCS has achieved a recognized level of success and expertise in working with low- and moderate -income individuals and families, including many who are homeless, and especially in providing bilingual, culturally competent services that are unparalleled in San Diego County. SBCS has been providing services to homeless youth and families since 1986, first in a series of Host Homes for runaway and homeless youth, and since in 1993 to homeless families (defined as at least one parent with a child or children). SBCS has a history of meeting the basic needs of ourregion's struggling individuals and families, and currently operates the South Bay's only permanently established homeless shelters. SBCS is recognized as the "go -to" agency in the South Bay to find out about community resources. SBCS has developed and manages 464 units of low income short-term, transitional, and affordable housing. In addition to serving homeless families, SBCS provides housing programs for vulnerable populations including youth aging out of foster care, runaway and homeless youth, victims of domestic violence, families living with HIV/AIDS, and low-income seniors. SBCS' integrated services for the homeless include short term shelter and transitional housing, 24-hour crisis intervention, mental health counseling, trauma -informed substance abuse services, legal assistance, emergency food, clothing, and transportation, parenting classes, job preparation, rental assistance, affordable housing development, independent living skills, child development and therapeutic preschool program, and a court -certified batterers' program. All homeless clients are assisted to ensure their inclusion on Section 8 Waiting Lists. SBCS staff have recognized that an increasing number of individuals coming through our programs are suffering from drug and/or alcohol abuse as well as serious mental illness, and that these serious, and often inter- related, conditions diminish their ability to establish permanent housing and self-sufficient 7 lifestyles. As a result, SBCS now provides on -site mental health treatment and trauma -informed substance abuse treatment and recovery services. Since July 2008, SBCS has provided Family Self Sufficiency services to individuals and families who meet the federal poverty level guidelines, under a contract with the County of San Diego. SBCS' WIA program for former foster youth and youth transitioning out of incarceration, known as the EXCEL program, is successfully meeting the intensive employment and educational training needs of many participants as evidenced by our increased employment and employment retention rates. The program also provides six- month, on-the-job internships for those needing additional assistance in attaining employment. SBCS is a member of the Regional Continuum of Care Council (RCCC) and has long been a leader in local homelessness prevention and assistance programs. Out of the work of the RCCC, the "10-Year Plan to End Chronic Homelessness in the San Diego Region" (PTECH) was created, and in 2004 San Diego County launched the plan which outlines strategies to eliminate chronic homelessness by 2012. The plan focuses on twocore elements: the Housing First/Housing Plus model which has documented success in other communities, and strategies aimed at homelessness prevention. SBCS' Chief Executive Officer Kathryn Lembo is a member of Implementation Committee for the PTECH. Through this involvement she is able to ensure that National City constituents' issues are addressed during the implementation of the County- wide plan. SBCS also continues to be an active member of the RCCC. SBCS has a demonstrated commitment to forging successful collaborative relationships in order to serve low-income familiesand individuals more effectively, currently coordinating a number of major regional initiatives including Community Services for Families (CSF - child abuse prevention & intervention services), First 5 Healthy Development Services (HDS), the Community Assessment Teams (at -risk youth &. families), and the Domestic Violence Response Team. SBCS was a founding member of the region's community collaboratives, and is the lead coordinator of services provided at the FRCs. SBCS and its partners maintain a comprehensive network through shared trainings, collaboration, joint programs, and co -located staff, serving the region from over 30 locations including school -based FRCs, domestic violence and homeless shelters, hospitals, schools, police stations, and community clinics. All are staffed by diverse teams of bilinguaUbicultural professionals and dedicated, trained volunteers from the community. SBCS' history as a community leader, together with its comprehensive range of services for at -risk and homeless individuals and families, position it as uniquely able to assist individuals and families who are experiencing homelessness in National City. 8 Budget Detail Worksheet A. PERSONNEL List each position by title and name of employee, if available. Show the annual salary rate and the percentage of time to be devoted to the project. Compensation paid for employees engaged in grant activities must be consistent with that paid for similar work within the applicant organization. Only the salary of employees on your payroll should be listed in this category. All other contracted personnel must be listed under the Contracts/Consultants budget category. Name/Position Angel Perez, Homeless Liaison Computation Cost $36,005 annual salary x 75% of time $27,004 TOTAL $31,311 BUDGET NARRATIVE Provide a brief, yet concise description of each grant funded position (purpose/duties must be in relation to thegoals and objectives of the grant). Angel Perez, Homeless Liaison, will provide direct services to homeless individuals including gathering demographic information, networking with the City's homeless task force, providing resources to clients, overseeing clean-ups of homeless encampments, and preparing reports for the City of National City. B. FRINGE BENEFITS Fringe benefits must be based on actual known costs or an established formula. It should also be for personnel listed in budget category A, above, and only for the percentage of time devoted to the project (i.e. fringe benefits must be commensurate with the time spent/billed to the grant). Fringe benefits on overtime hours are limited to FICA, Workman's Compensation, and Unemployment Compensation. Name/Position Angel Perez, Homeless Liaison Computation Cost Fica @ 7.65% of $27,004 SUI @ 1.799% of first $7,000 Health Insurance Insurance with compensation @ 2% $2,066 $95 $3,435 $512 TOTAL $7,506 BUDGET NARRATIVE List the type of benefits to be funded, along with the percentageof each benefit to be billed to the grant. (see detail above) 1 C. TRAVEL Itemize travel expenses by purpose.(i.e. one line item for each trip to be taken). Show the basis of computation/your calculation of how the cost was determined. Identify the location of travel, if known. Indicate the travel policy your organization .follows (i.e. indicate whether you follow the federal travel policy/rates, state travel policy/rate, your own organization's travel policy/rate). Only travel costs for employees of your organization may be listed in this category; travel for contracted personnel must be listed under the Contracts/ Consultants budget category. Purpose of Travel Location Computation Cost Liaison responsibilities National City, CA 100 miles/month x $.50 $600 TOTAL $600 BUDGET NARRATIVE Provide a brief, yet concise description ofeach grant funded trip to be taken (purpose must be in relation to the goals and objectives of the grant). The Homeless Liaison meets with clients on a daily basis to conduct assessments and provide resources and/or referrals as appropriate. He also meets with officials of the City of National City, the City's homeless task force, neighborhood residents and businesses with concerns about homeless individuals, other social service organizations, and coordinating clean-ups of homeless encampments. Mileage is based on the current federal reimbursement rate of $.50 per mile. D. EQUIPMENT List non -expendable items to be purchased (follow your organization's capitalization policy for classification of equipment, otherwise expendable items should be listed under the Supplies budget category instead). The cost benefits of purchasing versus leasing equipment, especially high ticket items and those subject to rapid technical advances, must be considered before billing the cost to the grant. Rented or leased equipment costs should be listed in the Contracts/Contractual budget category. If the item will be used in conjunction with non -grant funded work, the cost of the item must be pro -rated based upon grant use only. Item Computation Cost Laptop 1 @ $1,400 $1,400 TOTAL $1,400 BUDGET NARRATIVE Provide a brief, yet concise description of each grant funded item (purpose must be in relation to the goals and objectives of the grant). Identify the procurement method used. 2 A laptop will be purchased for the Homeless Liaison to collect data, manage client information, research resources, prepare. reports, and maintain communication via email. Standard procurement procedures established for our organization will be followed in the acquisition of the above equipment. This entails collecting three price quotes for any item priced in excess of $1,000. Purchasing decisions will be based upon the lowest price quote. E. SUPPLIES Generally,. supplies include any materials that are expendable or consumed during the course of the project. List items by type such as postage, training materials, paper and other expendable items such as books or hand held tape recorders). Provide the basis for computation/your cost calculations. If the item will be used in conjunction with non -grant funded work, the cost of the item must be pro -rated based upon grant use only. Supply Item Computation Cost Office Supplies $30 per month x 12 months $360 TOTAL $360 BUDGET NARRATIVE Provide a brief, yet concise description of each grant funded item (purpose must be in relation to the goals and objectives of the grant). The Homeless Liaison needs office supplies consisting of file folders, pens, and paper to collect and maintain clients' demographic information, prepare reports, prepare community outreach flyers, etc. F. CONSTRUCTION Not an allowable cost. G. CONSULTANTS/CONTRACTS CONSULTANT Enter the name, if known, service to be provided, hourly or daily fee (per 8-hour day), and estimated time spent on the project. Consultant fees in excess of $450 per day require additional justification and prior approval from OJP before funds may be obligated towards the expense. SUBTOTAL $0 3 CONTRACT List the product or service to be procured and the cost. Applicants are encouraged to promote free and open competition in the awarding of contracts. Contracts in excess of $100,000 that are not competitively bid are called "sole source" contracts. All sole source contracts must be approved by OJP before funds may be obligated towards the expense. Contract Computation Cost SUBTOTAL so TOTAL $53,800 BUDGET NARRATIVE Provide a brief, yet concise description of each grant funded contract (purpose must be in relation to the goals and objectives of the grant). Indicate whether you applied your organization's procurement policy or if federal acquisition regulations were followed. Since 1986, Alpha Project has provided maintenance, trash disposal, weed and brush abatement, graffiti removal and home rehabilitation throughout the County of San Diego. The nonprofit program provides employment opportunities to homeless men and women and those at risk of becoming homeless. The program develops marketable work skills and positive work habits for program participants while providing valuable services to entities in regard to debris removal. Alpha Project will remove debris from homeless encampments. Alpha Project or a similar organization will be used (consistent with internal and federal sub -contract bidding and awards). H. OTHER COSTS Items such as rent, reproduction costs, telephone costs, janitorial or security services, and/or - investigative or confidential funds should be listed in this section. If the item will be used in conjunction with non -grant funded work, the cost of the item must be pro -rated based upon grant use only. Item Computation Cost Telephone & Internet Charges $85 per month for 12 months $1,020 TOTAL $1,020 BUDGET NARRATIVE Provide a brief, yet concise description of each grant funded item (purpose must be in relation to the goals and objectives of the grant). The Homeless Liaison needs a cell phone and internet connection to remain connected to the his supervisor, City officials, community residents, clients, homeless task force members, etc. Communication is needed for a variety of reasons including information sharing, safety when in the field, and responding to timely issues. 4 I. INDIRECT COSTS You may only bill indirect costs to the grant if you have a federally approved indirect cost rate. A copy of the rate approval (i.e. a fully executed negotiated agreement), must be attached to your application if you intend to claim any indirect cost. If you do not have an approved rate, contact your cognizant federal agency (federal agency responsible for the majority of your organization's federal grants). That cognizant agency will review documentation, and approve a set rate/percentage, which you may then bill to the grant. Indirect Cost Rate 12.9% Computation Cost $36,492 x 12.9% $4,708 TOTAL $4,708 Budget Summary Budget Category Amount A. Personnel $27,004 B. Fringe Benefits $6,108 C. Travel $600 D. Equipment $1,400 E. Supplies $360 F. Construction N/A G. Consuitants/Contracts $53,800 H. Other $1,020 Total Direct Costs $36,492 I. Indirect Costs $4,708 Total Project Cost $95,000 Federal Request $95,000 5 Non -Federal Request $0.00 EXHIBIT B BUDGET 2010-2011 Agency Name: South Bay Community Services Activity Name: National City HOPE Program Description 1) Personnel (Direct labor) Department Director Program Director Program Coordinator @ 10% NC Homeless Liasion @. 75% Contract Compliance BUDGET OTHER RESOURCES TOTAL BUDGET 27,004.00 4,307.00 4,307.00 27,004.00 2) Fringe Benefits Fica @ 7.65% Salaries SUI@ 1.799% of first $7,000 Pension @ 10% Health Insurance 2,066.00 95.00 330.00 13.00 431.00 2,396.00 Insurance W/Compensation @ 2% 3,435.00 538.00 512.00 86.00 108.00 431.00 3,973.00 598.00 3) Travel Mileage @ 100 miles/mth x $.50 600.00 600.00 4) Supplies and Materials Laptop Program & Office Supplies & Printing Telephone & Internet@ $85/month Wrapfunds 5) Sub Total for Direct Costs 6) Indirect Costs (Overhead) @ 12.9% of Direct Cost 1,400.00 360.00 1,020.00 1,400.00 360.00 1,020.00 4,708.00 736.00 5,444.00 TOTAL 41,200 6,441 47,641 May.27. 2010 8:50AM DIVISION OF COST ALLOCATION No,3555 P. 3 NONPROFIT RATE AORSI1(INT BIN: ORGANIZATION: South Bay Community Services, Inc. 1124 Bay Blvd, Ste D Chula. Vista, CA 91911 DATEiD5/2.S/201O FILING REF.: The preceding agreement was dated 02/25/2009 The rates approved in this agreement are for use on grants, contractp and other agreements with the Paderal Government, subject to the conditions in Section III. SECTION I: INDIRECT COST RATES RATS TYPE9c FINAL PROV. FIRED EFFECTIVE 07/01/2008 07/01/2009 FINAL PERIOD 4:;c'i.'.. 06/30/2009 06/30/2011 PROV. (PROVISIONAL) PILED. (PREDETERMINED) 13.00 A11 All Programs 13.00 All All Programs Total direct costs excluding capital expenditures (building, individual items of equipment; alterations and renovations), and that portion of each eubeward in excess. of $25,000. Page 1 of 3 N3.2412 May. 27. 2010 8:50AM DIVISION OF COST AILOCATI:ON No.3555 P. 4 ORGANIZATION: South Bay Community Services, Inc. AMAZEMENT DATE: Ors/25/2olo SECTION IIt BPSCIAL RSNANKN TREATMENT .Or FRINGj ,@MEXTS; Fringe benefits are specifically identified to each employee.and are charged individually as direct costs. The directly claimed fringe benefits are listed below. TREATMENT DP PAID ABSENCES vacation, holiday, sick leave pay and other paid abeencee are included i-n salaries and wages and are claimed on grants, contracts and other agreements es part of the normal coat for salaries and wages. Separate claime.are not made for the coat of these paid absences. DEFINITION OF EQUIPMENT Equipment is defined ae tangible nonexpendable personal property having a useful life of more than one year and an acquisition coats of $500 or more per unit. The following fringe benefits are treated as direct coats: PAYROLL TAMS, SUI, WORKERS COMPENSATION, AND FLEX PLAN. Page 2 of 3 May.27, 2010 8:50AM DIVISION OF COST ALLOCATION ORGANIZATION; South Bay Community Services, Inc. AGREEMENT DATE: 05/25/2010 No. 3555 P. 5 SECTION IIIt ©ENERAL A. ,JMTTATIO40. The rice. In this Agreement are subject teeny statutory or edelnietr.tive lisjtetlone and apply:to a giver Brent, .Detract -or other agreement only to the egtent that funds era available. Aecep lnce of the ratan it Oblast to the following oeodLeions, (1) Only coat.- !Ileum..d by the. orgaai.atien Berl Included in lea indirect roic pool as fieeliy accepted, auob cost11 are lapel obligationsof the oe .olratien end are alienable under th. governing nest principle.; (L) thy .sae mitt that have been treated ea indite= doses are not cl►imed ae.-direct. cotes, (9)'flmiler types of rests hive been accorded consistent adoountlag treatment) end 14) The information provided by the organisation which .et wed to mitnilish the rite. Is not later touad to be mrt.rially ineo.pLets or ln.00urate by the federal. devernment. fn such eituatlonn the rattle! WOW bs Mubjeat to reriegotietion At the-diacr.tion ofthefederal °overngsnt. This Agre.aedt it baud on the accounting syets= purported by the organisation to be in affect **laughs sgreeb6nt period. change.. to the Method of accounting for Bette vhieh Wrest the amount of reLmbure.eent rennin.. front, tee of thin Agreement require prier approysl of thee tuthorLoad representative of rhea regnlianc overjoy. Shan attests include, but ere not limited t*, .lunges Sh tea ebatglng of a pareioular type of Boat free ibdireat to directrailure to obtain approval may swat in poet dte.11ow.nosa. C. vixen e_aTlm• le a Lind rote is in this Agre.mene, it le bated on an seeimeto of the coats for the period Covered by the rate. When the actual moats for thla. period are dateruin.d; AR adju.tght will be made to a rate of a -future year .) to compensate for the differentia between the wen used to e.tablt.h the fixed rate and actual coats. D. yd8-mY d1Hma FIDPAAL An)mm0iIB, The rates to thin sgreepent were .moved in a000rdenoe with the authority in Otflee of MaaagemenK and Budget clrrular A-1» -circular, and Miceli be applied to grants,, eodtraet► and other ■greamenea covered by this Circular, subject' to any limitations in A ahoy*. Thy, organisation may provide copies of the Agreement to other rsderal:egeedtee to givs them early notification of the Agreement. E. SOMA 1f any.raderel eontreee, grant or other agreement it relsnuraing ladireet sotto by a meant other n the eppraw.d rate(.) in this Agreement, tow oryeni.atlon should (L) credit .urh coats to thaeffectedprograma, and it apply the approved rate(.) is rha approprL.te have to identify tha proper amount of yndls.ct mate alleoable to theca program.. SY THm I OT1TO XOW, DM tswwp Or 'Arm rfDgpgy-:ppt nmstyy, vouch nay community Service., Inc. (Mtata) (NAME► MSDAhm1NT Oy HEALTH AND',liteMr mheeicee (AO1t(ar) 41,4 taTOMATWet) Wallace Chan eicee. U?vZs p/RezTV2� (T11140 / i"c� (PATE). Director, Western Yield Office (TITLE) eirS/7olo (BATS) E612 HMS REPRBSINTATIvg: Telephone, Inept Willard (415) 437-782n Page 3 Of 3 Budget Narrative The total proposed budget for this project is $47,641 for one twelve-month period, of which $41,200 is requested from the City of National City. Appropriations to the Homeless Outreach Program and Enforcement (HOPE) will be directed toward personnel costs, including 75% of the HOPE Liaison ($27,004), who has overall responsibility for the outreach, assessment, referrals and case management services aimed at assisting the homeless within National City to access public services and benefits, supportive services, employment and stable housing; as well as a portion of employee Benefits ($6,108) to include the following: FICA 7.65 % of salaries ($2,066), SUI 1.68% out of the first $7,000 in salaries ($95), Pension $1/$1 up to 10% of salary (depending on the employee), Health Insurance $3,435 of total monthly premiums including dental & life, Worker's Compensation 2% of salary ($512). Support for non -personnel costs include $2,780 for program supplies and outreach materials: $1,400 of which will fund the purchase of a laptop for use by the HOPE Liaison, $360 for program and office supplies and printing, telephone and intemet service at a rate of $85 per month ($1,020); and $600 for travel/mileage. Indirect costs at the agency's federally approved rate of 12.9% are also included, see attached Federal Rate Agreement. Other Sources: Other resources will cover 10% of the Program Coordinator's time ($4,307), as well as a portion of employee fringe benefits ($1,398) and indirect costs ($736). CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 9,2010 AGENDA ITEM NO. 6 M TITLE: Resolution of the City Council of the City of National City authorizing the National City Police Department to participate in the Jurisdictions Unified for Drug and Gang Enforcement (JUDGE) task force. PREPARED BY: Craig Boegler, Lieutenant DEPARTMENT: police �,� PHONE: 619 336-4433 APPROVED BY: EXPLANATION: 2 f— The Jurisdictions United for Drug and Gang Enforcement (JUDGE) is an inter -agency task force response to the County -wide problem of offenses committed by gang members, narcotics traffickers and offenders, and the repeat and/or serious felony offenders. The JUDGE Task Force is comprised law -enforcement, probation, parole and vertical prosecution which targets adult offenders. The task force provides increased surveillance, focused attention, and arrests of targeted offenders, with specific focus toward offenders with strike convictions and narcotics histories. The District Attorneys Office agrees to reimburse the City of National City $47,135 for participation during the grant period of 07/01/2010 through 06/30/2011 in accordance with the Anti Drug Abuse Funding as outlined in the Operating Agreement for Participating San Diego County Agencies 2010-2011. •„i FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. 290-411-623-100 through 199 APPROVED: MIS Establish appropriations in Fund 290-411-623-100 through 199 in an amount not to exceed $47,135 and reduce fund 001-411-000-100 through 199 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve Resolution BOARD 1 COMMISSION RECOMMENDATION: ATTACHMENTS: I Diego Jurisdictions Unified for Drug/Gang Enforcement Operational Agreement RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE NATIONAL CITY POLICE DEPARTMENT TO PARTICIPATE IN THE JURISDICTIONS UNIFIED FOR DRUG AND GANG ENFORCEMENT (JUDGE) TASK FORCE, AND ACCEPTING A REIMBURSABLE GRANT IN THE AMOUNT OF $47,135 FOR THE SALARY AND BENEFITS OF THE NATIONAL CITY POLICE OFFICER ASSIGNED TO THE TASK FORCE WHEREAS, the Jurisdictions Unified for Drug and Gang Enforcement (JUDGE) is an inter -agency task force response to the County -wide problem of offenses committed by gang members, narcotics traffickers and offenders, and the repeat and/or serious felony offenders; and WHEREAS, the JUDGE Task Force is comprised of law enforcement, probation, parole, and vertical prosecution which targets adult offenders; and WHEREAS, the JUDGE Task Force provides increased surveillance, focused attention, and arrests of targeted offenders, with a specific focus toward offenders with strike convictions and narcotics histories; and WHEREAS, the District Attorney's Office shall reimburse the City $47,135 for the salary and benefits of the National City police officer assigned to the JUDGE Task Force during the grant period of July 1, 2010 through June 30, 2011, in accordance with the Anti -Drug Abuse Funding as outlined in the Operating Agreement for Participating San Diego County Agencies, 2010-2011. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the acceptance of a reimbursable Jurisdiction Unified for Drug and Gang Enforcement (JUDGE) Task Force grant in the amount of $47,135 to be used for the salary and benefits of one police officer assigned to the Task Force, and directs staff to request reimbursement for such expenditures from the Office of the District Attorney. PASSED and ADOPTED this 9th day of November, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia G. Silva City Attorney Xc:c JESUS RODRIGUEZ ASSISTANT DISTRICT ATTORNEY OFFICE OF THE DISTRICT ATTORNEY COUNTY OF SAN DIEGO BONNIE M. DUMANIS DISTRICT ATTORNEY September 30, 2010 Chief Adolfo Gonzales National City Police Department 1200 National City Blvd. National City, CA 91950 Re: 2010 — 2011 JUDGE Unit Operational Agreement Dear Chief Gonzales: MAJOR NARCOTICS DIVISION 330 WEST BROADWAY, SUITE 960 SAN DIEGO, CA 92101 (619)531-3784 //wwwsandie oda.com TY r • :LiCc DEPARTMENT I have enclosed a copy of the JUDGE Unit's Operational Agreement for 2010 — 2011. 1 am pleased to welcome you and the National City Police Department back to the JUDGE Unit. I believe this is step forward that's long overdue. Thank you very much for your renewed participation in this multi jurisdictional task force. Please do not hesitate to call me at (619) 531- 4311 should you have any questions about the JUDGE Unit Sincerely, Steven J. Walter Deputy District Attorney JUDGE Unit Project Director San Diego Jurisdictions Unified for Drug/Gang Enforcement J.U.D.G.E. Operational Agreement for Participating San Diego County Agencies 2010-2011 1 Overview The Jurisdictions Unified for Drug/Gang Enforcement (J.U.D.G.E.) program is an interagency response to the County -wide problem of offenses committed by the drug involved gang member, narcotics traffickers and offenders, and the repeat and/or serious felony offenders. This program will continue the two current County -wide task forces comprised of law enforcement, probation, parole and vertical prosecution which targets adult offenders in the above outlined categories. With respect to the targeted offenders, this program provides for increased surveillance, arrests and focused attention within each phase of the criminal justice system. A primary focus of the program will continue to identify, apprehend and prosecute criminals with strike convictions and narcotics histories. Contact person: A San Diego District Attorney's Office Steven J. Walter, Deputy District Attorney J.U.D.G.E. Project Director 330 W. Broadway, Suite 960 San Diego, CA 92101 (619)531-4311 (1) One deputy district attorney will be assigned as the J.U.D.G.E. Project Director. This deputy will be responsible for coordinating and prioritizing program objectives and assignments in conjunction with all components of the program. The deputy will coordinate with the Task Force Lieutenants and Sergeants on all matters relating to the J.U.D.G.E. grant. (2) A minimum of six deputy district attorneys under the supervision of the Project Director and the Division Chief of Narcotics will be assigned to J.U.D.G.E. to handle all felony arrests of targets generated by this program. JUD.G.E. Program 2010-2011 t Operational,4greement (3) One unfunded District Attorney Investigator (DAI) may be assigned to assist the deputy district attorneys in investigative follow-up and case preparation for court including witness management and subpoenas as the first priority, then to assist the law enforcement teams as the secondary priority. The DAI position is to be staffed when budgetary considerations in the District Attorney's Office can accommodate that position. (4) Investigations initiated by the Law Enforcement Component of J.U.D.G.E. which result in sufficient evidence to revoke the probation of a targeted adult offender will be referred to the District Attomey Probation Revocation Unit by the JUDGE officers or the deputy district attorneys assigned to J.U.D.G.E. or will be handled by J.U.D.G.E. prosecutors. (5) Prosecutors will resist the release of all offenders targeted by this program at each stage of the proceedings as appropriate. (6) The District Attorney's Office will assign clerical and paralegal staff (five to six) to process and compile the program statistics, target information and packages and cases. (7) The District Attorney's Office, in conjunction with the Task Force Sergeants and probation supervisor, will review and approve for listing all offenders who meet the criteria as set forth in this program. (8) The District Attorney's Office will take steps to identify those residents of the County who qualify for prosecution under the "three strikes" law. (9) A profile will be prepared jointly with the Law Enforcement and Probation Components for each offender meeting the criteria of this program. The profile will contain the offender's record, the most recent probation report and any probation reports for violent or serious offenses that are available. (10) All criminal petitions, complaints and informations will be filed based upon the highest provable charge. (11) All enhancements appropriate to the crime charged will be filed. (12) .Each case will be expedited through the judicial system to reduce the amount of time between arrest and final disposition. Prosecutors will resist continuances by the defense except where a showing of "good cause" has been met within the applicable Penal Code and/or Welfare and Institutions Code sections. (13) Prosecutors will seek an admission of guilt on the most serious offense charged subject to proof. (14) Prosecutors will make all reasonable efforts to persuade the Court to impose the maximum appropriate sentence in each case and will seek justice on each case. J.U.D.G.E. Program 2010-2011 2 Operational Agreement (15) Program prosecutors will make every effort to prosecute all felony offenses committed by targeted offenders unless more appropriately prosecuted vertically by other divisions in the office. (16) Program prosecutors will be available for consultation with the Law Enforcement Component on a twenty-four (24) hour basis to assist in all investigations, and will maintain open communication with the arresting agencies to discuss any concerns regarding case preparation. (17) The District Attorney's Office will act as a Iiaison with the Court and other criminal justice agencies to establish local policies for the program and to ensure interagency cooperation in the planning and implementation of the program. (18) Program prosecutors will meet regularly with other program personnel to discuss issues regarding the day-to-day operation of the program. (19) Inter -program cooperation will continue with the District Attorney's Major Narcotics Unit, the Special Operations Unit, the Probation Revocation Unit, the Gang Violence Unit, and all branch offices. (20) Program prosecutors will consult regularly with individual probation officers assigned to a targeted offender for the purpose of providing additional information relevant to sentencing recommendations and probation supervision. (21) The law enforcement agencies participating in this program will be advised as to the prior criminal convictions, probation conditions, and final disposition for each offender prosecuted under this program. (22) The District Attorney's Office will work to develop local policies with the Law Enforcement and Probation Components regarding data collection, arrest, and detention criteria for targeted offenders. (23) For the purposes of this program, a targeted offender is defined as follows: A drug involved gang member A methamphetamine manufacturer, distributor, trafficker or user, usually with a prior criminal history. A drug involved violent offender who meets the program criteria based upon a prior arrest history and drug involvement. Those offenders who have "strikes" will be the highest priority offender. All felony DEC offenders not handled by another vertical prosecution unit. Discretionary targets who are identified as mid -level dealers or gang offenders at the discretion of the Project Director upon request of the Law Enforcement Task Force Supervisors. J.U.RG.E. Program 2010-2011 3 Operational Agreement (f) Discretionary targets including locations where street level users congregate, at the request of the local law enforcement command and on the recommendation of the Law Enforcement Supervisors and discretion of the Project Director. (24) The Prosecution Component will maintain and provide documentation necessary for the preparation of required grant reports. (25) The District Attorney's Office will comply with the asset seizures agreement signed in May and June of 1998. 1 U.D.G.E. Program 2010-2011 4 Operational Agreement Contact person: B San Diego County Probation Department Alva Mireles, Probation Supervisor San Diego County Probation Department 2901 Meadow Lark Drive San Diego, CA 92123 (858) 694-4636 (1) At least 2 San Diego County Probation Officers will be assigned to the J.U.D.G.E. Unit and will have the same duties and responsibilities as the other law enforcement officers. (2) The probation officers assigned will be supervised by a supervising probation officer while performing probation related functions. The probation officers will be supervised by the Law Enforcement Component during joint field operations. (3) The probation officers assigned will follow the presently established guidelines for the Gang unit personnel in the law enforcement agencies participating in this program. (4) The Probation Department will provide the District Attorney's Office and Law Enforcement Component with information necessary for the preparation of comprehensive profiles on each offender within the program. (5) The Probation Department will coordinate with the Law Enforcement Component on all requests for assistance with Fourth Amendment waiver searches of the offenders within this program. (6) The Probation Department will assist the Law Enforcement Component in the identification of probation violations and will help to develop arrest strategies for the targeted offenders in the program. (7) (8) (9) Institutions under the jurisdiction of the Probation Department will make available all information concerning conduct violations, AWOL's or escapes by offenders within this program, and will seek the immediate filing of a petition or the preparation of an arrest warrant. Probation officers will consider the profile prepared and consult with the prosecutor assigned when making final recommendations to the Court on sentencing and detention status as to targeted offenders. Supervision Divisions within the Probation Department will maintain contact with the Prosecution Component of the program regarding targeted offender progress and updates, and any modification of the ternis and conditions of probation. J.U.D.G.E. Program 2010-2011 5 Operational Agreement (10) Probation Officers assigned the gang -related drug offenders of this program will request gang conditions, Fourth Amendment waivers, drug testing, and drug rehabilitation in all cases which would legally support such conditions, and when such conditions are otherwise appropriate. (11) The Probation Department will assist the Law Enforcement Component in the increased documentation of gang members for which there is a reasonable cause to believe that the gang member is participating in the use, distribution or sale of narcotics. (12) All Probation Officers who receive infonnation regarding targeted offenders that have pending plans for gang violence related to the trafficking of narcotics shall immediately contact the Law Enforcement Component and relay all relevant information. (13) Urinalysis testing will be conducted on target offenders on a regular basis when the offender has a testing requirement as a condition of probation. (14) The Probation Department will establish local policies in cooperation with law enforcement, District Attorney, schools, and the Courts regarding this program and provide support and assistance to other agencies engaged in the program. (15) The Probation Officers assigned to targeted offenders will maintain communication with school officials to determine potential violations of probation and/or to communicate potential dangers to other students or teachers. (16) The Probation Component will maintain and provide documentation necessary for the preparation of required grant reports. (17) The Probation Component will maintain the confidentiality of a targeted offender's J.U.D.G.E. status. (18) The PIR Program will coordinate the sharing of information and supervision of J.U.D.G.E. targets with the Law Enforcement Component. (19) The Probation Department will comply with asset seizures agreement of May 6, 1998. J U.D.G.E. Program 2010-2011 6 Operational Agreement PARTICIPATING LAW ENFORCEMENT AGENCIES (1) San Diego Probation Department 2901 Meadow Lark Drive San Diego, CA 92123 (2) Chula Vista Police Department 276 4th Avenue Chula Vista, CA 91910 (3) San Diego Sheriffs Department P.O. Box 420430 San Diego, CA 92142 858-495-5638 (4) National City Police Department 1200 National City Blvd. National City, CA 91950 J.UD.G.E. Program 2010-2011 7 Operational Agreement (5) California Department of Parole 765 3rd Avenue, #200 Chula Vista, Ca 91910 (6) Oceanside Police Department 3855 Mission Avenue Oceanside, CA 92054 (7) Escondido Police Depai lment 700 W. Grand Ave. Escondido, CA 92025 (8) San Diego District Attorney 330 W. Broadway, Ste. 1300 San Diego, CA. 92101 (1) The Law Enforcement agencies, parties to this agreement, agree to the continuation and support of the J.U.D.G.E. (Jurisdictions Unified for Drug/Gang Enforcement) program comprised of a multi jurisdictional task force for the purpose of identifying, investigating, and arresting targeted offenders under this program. All staffing listed below is subject to modification based on financial and staffing realities as to each agency. (2) The Law Enforcement Component is divided into two major geographical areas. A North Team and a South Team will continue to be in place. A one -quarter time Lieutenant Law Enforcement Director will be appointed to each team from a participating agency. (3) The duties of the Law Enforcement Directors are to: (a) Insure grant compliance by all law enforcement agencies. (b) Insure a fair and equitable return to the participating agencies of time and effort in the represented jurisdiction. (c) Coordinate with all participating law enforcement agencies on policy, personnel, and equipment issues. (d) Prepare necessary grant paperwork and documentation on law enforcement activities under the grant. (e) Assure that the two lieutenants, the two sergeants, the project director and the Probation Department supervisor meet on a regular basis, preferably monthly, and no less than every two months, to assure there is uniformity in policies and procedures between the South and North J.U.D.G.E. teams, and to assure that there is strict adherence to safety procedures and policies. Subject to staffing abilities, The North Team is comprised of a full-time sergeant from the San Diego Sheriffs Office, two San Diego Sheriffs Department detectives, one Escondido police detective, one Oceanside police detective, probation officer, and a DAI as available. The North Team is a separate and distinct component. Request for assistance on planned operations will be jointly agreed to, and approved by the assigned San Diego Sheriff's Department Lieutenant and the Program Project Director, or the Chief or Assistant Chief of the Narcotics Unit of the District Attorney's Office. J.U.D.G.E. Program 2010-2011 8 Operational Agreement (4) Subject to staffing abilities, the South Team is comprised of a full-time sergeant from the Chula Vista Police Department, four Chula Vista Police Department detectives, one National City Police Department detective and a probation officer, and a parole agent. The South Team is a separate and distinct component. Request for assistance on planned operations will be jointly agreed to and approved by the Chula Vista Police Department Lieutenant and the Program Project Director or the Chief or Assistant Chief of the Narcotics Unit of the District Attorney's Office. (5) The program sergeants assigned supervise detectives and make final determinations on all investigations and law enforcement functions conducted by the Law Enforcement Component. The sergeants will also make. appropriate referral of information to the project lieutenants in all necessary areas. In questions of disciplinary matters the sergeants will always refer the information to the appropriate lieutenant, who will refer the matter to the proper chain of command in all cases of officer discipline. (6) The selection of officers assigned to the Law Enforcement Component is in the sole discretion of each law enforcement agency participating in this agreement. However, the Project Lieutenants will assist in the interviewing process and make reconunendations to the involved agency. (7) (8) (9) The detectives assigned to the Law Enforcement Component will use probation and parole searches, surveillance, informants, search warrants, crime analysis, buy/bust operations, street sweeps, and other intelligence to make arrests of targeted offenders of this program. A profile will be prepared jointly with Prosecution and Probation components on each offender meeting the program criteria. This profile will include criminal history, previous probation violations, terms and conditions of probation, gang documentation, narcotic history, and other intelligence related to criminal behavior. The program sergeants, in conjunction with the probation supervisor and the District Attorney's Office, will review and approve for listing all offenders who meet the criteria as set forth in this program. (10) The detectives assigned to this program will seek to increase the number of case referrals and cases filed on targeted drug offenders through the methods outlined (number seven of this agreement) and by close and frequent contact with the Deputy District Attorneys assigned to this program. (11) The parole agent assigned to the program will assist other law enforcement officers to identify parolees with a drug history who have qualified prior convictions under Penal Code section 1192.7. J. U.D.G.E. Program 2010-2011 9 Operational Agreement (12) The parole agent assigned to the program will conduct parole searches, and have the same duties and responsibilities as the other law enforcement officers. (13) The parole agent assigned to the program will place parole holds on arrested offenders. The Parole agent will assist other law enforcement officers in the identification of parole violations and help develop arrest strategies for the targeted offenders in the program. (14) The detectives and parole agent assigned to the program will continue to receive training in the targeting of narcotics violators as outlined in the objectives of this program. (15) When an arrest of an offender under this program occurs, the officer will conduct a complete investigation and will file all appropriate police reports in a timely manner. (16) Information will be shared with all law enforcement agencies in San Diego County regarding the offenders in this program. (17) An adult offender targeted by this program will be booked into County Jail when arrested for a felony charge. Probation revocations will be pursued in each case involving an arrest of a targeted adult, whether it is a misdemeanor or a felony. (18) All offender cases related to narcotics will be tracked through the Criminal Justice System and support will be provided for any agency that needs follow- up information or assistance. (19) Program officers will provide training regarding this program to patrol officers and probation officers assigned to agencies within San Diego County. (20) The crime analysis and records unit of each law enforcement agency will make available arrest and other infoiination necessary for the preparation of a comprehensive profile of the targeted offenders and/or for the preparation of a statistical analysis of the program.. (21) Program officers will maintain communication and cooperation with school officials regarding the juvenile offenders targeted by this program. (22) The law enforcement agencies party to this agreement will establish local policies in cooperation with the District Attorney, Probation and the schools regarding this program, and provide support and assistance to the other agencies engaged in the program. (23) The Law Enforcement Components will maintain and provide documentation necessary for the preparation of required grant reports. J.U.D.G.E. Program 2010-2011 10 Operational Agreement (24) The Law Enforcement Components will coordinate the sharing of information and supervision of J.U.D.G.E. targets involved in the probation PR Program. (25) The participating law enforcement agencies will provide necessary equipment for the proper equipping of the officers assigned to the unit. (26) All participating agencies will comply with the asset seizures agreement of May 6, 1998. J.U.D.G.E. Program 2010-2011 11 Operational Agreement D. METHOD OF PAYMENT The San Diego County District Attorney's Office agrees to reimburse the participating agencies for the grant period of 07/01/2010- 06/30/2011 in accordance with the Anti - Drug Abuse (ADA) as indicated here:. County of San Diego Anti- Drug Abuse Enforcement Program Jurisdictions Unified For Drug/Gang Enforcement (JUDGE) FY 2010-11 Number of Officers Number of Other JUDGE Participating Agency Reimbursement Assigned Staff San Diego County District Attorney's Office $ 503,238 0 11 San Diego County Sheriff's Department $ 101,810 2.25 0 City of Chula Vista Police Department $ 271,490 6 0 City of Escondido Police Department $ 47,135 1 0 National City Police Department $ 47,135 1 0 City of Oceanside Police Department $ 47,135 1 0 Parole $ 47,135 1 0 Probation Department $ 90,498 2 0 Total Budget $ 1,155,576 14.25 11 J. U.D.G.E. Program 2010-2011 12 Operational Agreement Signed: BONNIE M. DUMANIS District Attorney San Diego County SHERIFF WILLIAM D. GORE San Diego Sheriff San Diego County MACK JENI INS Chief Probation Officer i San Diego County D CHIEF DAVID ARANO Chula Vista Poepartment Chula Vista, CA C +►' F JIM MAHER Escondido Police Department Escondido, CA J.U.D.G.E. Program 2010-2011 13 Operational Agreement Date: d �a Date: '11% 4 Date: Date: aQ--- ' Date: 9 -2 — U CHIEF ADOLFO GONZALES National City Police Department National City, CA CHIEF FRANK MCCOY Oceanside Police Department Oceanside, CA MICFkAEL ARBUTHNOT Parole dministrator State of California, Department of Parole J.UD.G.E. Program 2010-2011 14 Operational Agreement Date: B 9 - 07- 2ci a Date: Date: 9 ' 2 - 1 0 Cl (Eri: ADOLF•J GON/ALES Na:iunai ('ity Police Department Na!ional City, CA CHILI' FRANK MCCOY Oceanside Police Dcpartmcn: Oceanside, CA ;)ate 17fC'l A i.,ARBt.TN\O'1 ParoD. Administrator State of California, Department or Paroic c7 F Pru,•nrr: _'ul (;-2 J / 1 Oj,o,lliuunl.4Erzr,,,ru: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 9, 2010 AGENDA ITEM NO. 7 :M TITLE: Resolution of the City Council of the City of National City Authorizing the Mayor to Execute a First Amendment to Agreement for Exchange of Real Property and Joint Escrow Instructions (522 West 8`h Street and 2020 Hoover Avenue) PREPARED BY: George H. Eiser, III 'I " PHONE: Ext. 4221 EXPLANATION: DEPARTMENT: City Attorney APPROVED BY: On September 23, 2010, the City and the Illes Family Trust ("Illes") entered into an Agreement for Exchange of Real Property and Joint Escrow Instructions (the "Agreement") whereby the parties agreed to an exchange of the City -owned property at 522 West 8th Street for the Illes-owned property at 2020 Hoover Avenue. Section 6.1.2 of that Agreement provides that either party to the Agreement shall have forty-five (45) days after the Agreement is executed (the "Contingency Period") to review and approve or disapprove, among other items, soils and environmental reports pertaining to the other party's property. To provide adequate time for certain soils tests to be performed on the City Property, and for the parties to review and evaluate any reports based upon these soils tests, it is necessary to extend the rtingency Period by an additional forty-five (45) days, for a total of ninety (90) days. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt proposed resolution. BOARD / COMMISSION RECOMMENDATION: N/A "TMACHMENTS: posed resolution Amendment to Agreement for Exchange of Real Property and Joint Escrow Instructions RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO AGREEMENT FOR EXCHANGE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS (522 WEST 8TH STREET AND 2020 HOOVER AVENUE) WHEREAS, on September 23, 2010, the City and the Illes Family Trust ("Illes") entered into an Agreement for Exchange of Real Property and Joint Escrow Instructions (the "Agreement") whereby the parties agreed to an exchange of the City -owned property at 522 West 8th Street for the Illes-owned property at 2020 Hoover Avenue; and WHEREAS, Section 6.1.2 provides that a party to the Agreement shall have forty-five (45) days after the Agreement is executed (the "Contingency Period") to review and approve or disapprove, among other items, soils and environmental reports pertaining to the other party's property; and WHEREAS, it is necessary, in order to provide adequate time for certain soils tests to be performed on the City Property, and for the Parties to review and evaluate any reports based upon these soils tests, to extend the Contingency Period by an additional forty- five (45) days, for a total of ninety (90) days. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a First Amendment to Agreement for Exchange of Real Property and Joint Escrow Instructions to amend Section 6.1.2 of the Agreement to extend the Contingency Period for forty-five (45) days, for a total of ninety (90) days. PASSED and ADOPTED this 9th day of November, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney FIRST AMENDMENT TO AGREEMENT FOR EXCHANGE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS TO: Stewart Title Company 7675 Mission Valley Road San Diego, CA 92108-4429 (619) 692-1600 ("Escrow Holder") Escrow No.: Escrow Officer: Title Order No.: Title Officer: 288553 Rhonda Bernardini Frank Green THIS FIRST AMENDMENT TO AGREEMENT FOR EXCHANGE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS ("Agreement") is made and entered into as of this 9th day of November, 2010, by and between the CITY OF NATIONAL CITY, a municipal corporation, ("City"), and ILLES FAMILY TRUST ("Illes"). The City and Illes are sometimes hereinafter referred to collectively as the "Parties". RECITALS A. On or about September 23, 2010, the Parties entered into an Agreement whereby they agreed to the exchange of the City Property at 522 West 8th Street, National City, for the Illes Property at 2020 Hoover Avenue, National City. B. Section 6.1.2 of the Agreement provides that the Grantee Party shall have forty- five (45) days after the Effective Date (the "Contingency Period") to review and approve or disapprove, inter alia, soils and environmental reports pertaining to the Grantor Party's Real Property. C. It is necessary, in order to provide adequate time for certain soils tests to be .performed on the City Property, and for the Parties to review and evaluate any reports based upon those soils tests, to extend the Contingency Period by an additional forty-five (45) days, for a total of ninety (90) days. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the Parties agree that Section 6.1.2 of the Agreement for Exchange of Real Property and Joint Escrow Instructions dated September 23, 2010, is amended to read as follows: 6.1.2. Review and Approval of Documents and Materials. The Grantor Party shall deliver to the Grantee Party within ten (10) days after the Effective Date the documents and materials set forth below which pertain to the Grantor Party's Real Property that are in the Grantor Party's possession or control or are reasonably available to the Grantor Party, and to the extent that the Grantor Party has actual knowledge thereof at no expense to the Grantor Party ("Documents and Materials"). From the Effective Date until 5 p.m. on that date which is ninety (90) days after the Effective Date ("Contingency Period"), the Grantee Party shall have the right to review and approve or disapprove, in its sole discretion, any or all of the Documents and Materials; provided, however, the Contingency Period and Closing Date shall be extended by one (1) day for every day that the Grantor Party is late in delivering any of the Documents and Materials or any of the Title Documents beyond the date that the Grantor Party is required hereunder to deliver the same to the Grantee Party. With the foregoing exception, each and every provision of the Agreement for Exchange of Real Property and Joint Escrow Instructions dated September 23, 2010, shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to Agreement as of the day and year first written above. ILLES FAMILY TRUST CITY OF NATIONAL CITY By: By: Richard Ines, Trustee Ron Morrison, Mayor By: Beverly Ann Illes, Co -Trustee Acceptance by Escrow Holder: Steward Title Company hereby acknowledges that it has received a fully executed original or original executed counterparts of the foregoing Agreement for Exchange of Real Property and Joint Escrow Instructions, and agrees to act as Escrow Holder thereunder and to be bound by and strictly perform the terms thereof as such terms apply to Escrow Holder. Dated: , 2010. Stewart Title Company a California corporation By: Its Authorized Agent Name: Title: Between the City of National City 2 Amendment to Agreement for Exchange of and Richard tiles Real Property and Joint Escrow Instructions CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 9th, 2010 AGENDA ITEM NO. 8 iM TITLE: Warrant Register #14 for the period of 09/29/10 through 10/05/10 in the amount of $2,418,547.79 PREPARED BY: K. Apalategui DEPARTMENT: PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 09/29/10 through 10/05/10 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Koch Armstrong 238643 $329,619.39 Marina Gateway — Contractor Public Emp Ret System 238486 $270,749.08 Employee Ret Service Period 9-10-4 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 $2,418,547.79 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: errant Register #14 Warrant Register #14 10/5/2010 001 GENERAL FUND 103 GENERAL CAPITAL OUTLAY 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 LOCAUTRANSNET HIGHWAY 320 LIBRARY GRANTS 346 PROP 1B FUND 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 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 725 PLANNING 941,469.13 1,721.21 23,797.71 18,290.69 14,640.00 299.00 5,450.00 41,751.53 6,181.25 196.21 624.27 877.29 28,522.66 1,780.50 452.20 1,423.18 761.46 1,170.78 70,871.44 42,164.37 5,327.13 8,941.49 4,009.54 1,991.90 392.43 1,040.02 674,823.96 2,125.83 6,208.16 440,305.51 4,264.43 28,082.43 627.42 3,036.55 4,115.22 1,400.36 17,254.73 11,864.22 284.21 7.37 2,418,547.79 PAYEE ACEDO ALIGNMENT EXPRESS ALL FRESH PRODUCTS ALLEN ANDERSON APWA APWA S D IMPERIAL COUNTY AV GUYS BONITA PET HOSPITAL BONSUISSE INC BOYD BROWN MARKETING STRATEGIES CA WORKERS' COMP INSTITUTE CALIFORNIA BAKING CO. . CALIFORNIA HIGHWAY ADOPTION CO CITY OF ENCINITAS CONDON COPLEN DESIGN CRISTANDO HOUSE INC. CULLIGAN D-MAX ENGINEERING DEFRATIS DELTA DENTAL PLAN OF CA DEPARTMENT OF JUSTICE DICERCHIO DOKKEN ENGINEERING DREDGE EISER III GALINDO ROJAS GEORGE WATERS GEORGE WATERS GEORGE WATERS HAMILTON MEATS & PROVISIONS HANSON HCFA C/O CITY OF EL CAJON HOLLIS III HOLLOWAY JAMES KIMBLE KIWANIS CLUB OF NATIONAL CITY KOCH ARMSTRONG KOLANDA L1 IDENTITY SOLUTIONS LANDA LASER SAVER INC MATIENZO MCCABE WARRANT REGISTER # 14 10/5/2010 DESCRIPTION RETIREE HEALTH BENEFITS OCT'10 ALIGNMENT FOR V# 478 FOOD FOR NUTRITION CENTER RETIREE HEALTH BENEFITS OCT10 RETIREE HEALTH BENEFITS OCT'10 APWA RENEWAL DUES APWA REGISTRATION REPLACEMENT LAMP FOR EIKI ETHANOL SOLUTION DAIRY DELIVERY FOR NUTRITION RETIREE HEALTH BENEFITS OCT'10 MARKETING, ENTERTAINMENT & RADIO PRINTING/NEW FACTS OF WORK'S COMP BREAD DELIVERY/NUTRITION CENTER PARADISE CREEK REMOVAL LEAGUE QUARTERLY DINNER RETIREE HEALTH BENEFITS OCT'10 BAY FRONT CONCERT ADVERTISING TUITION/POST MANAGEMENT COURSE WATER SOFTENER SERVICE FOR KITCHEN AUGUST 2010 SERVICES RETIREE HEALTH BENEFITS OCT'10 COBRA DENTAL INS AUG 2010 INVESTIGATIVE SERVICES RETIREE HEALTH BENEFITS OCT'10 AUGUST 2010 SERVICES RETIREE HEALTH BENEFITS OCT10 RETIREE HEALTH BENEFITS OCT'10 125 PLAN REIMBURSEMENT BAY FRONT CONCERT FOOD SELL CONTINENTAL BREAKFAST BAY FRONT CONCERT BACK STAGE MEAT DELIVERY / NUTRITION CENTER RETIREE HEALTH BENEFITS OCT'10 FY11 ANNUAL DISPATCHING CHARGE RETIREE HEALTH BENEFITS OCT'10 RETIREE HEALTH BENEFITS OCT'10 RETIREE HEALTH BENEFITS OCT'10 RETIREE HEALTH BENEFITS OCT10 KIWANIS CLUB DUES / MEALS MARINA GATEWAY - CONTRACTOR RETIREE HEALTH BENEFITS OCT10 INVESTIGATIVE SERVICES - AUG 2010 RETIREE HEALTH BENEFITS OCT'10 MOP# 45725. BLACK TONER RETIREE HEALTH BENEFITS OCT'10 RETIREE HEALTH BENEFITS OCT'10 113 CHK NO DATE AMOUNT 238423 10/5/10 160.00 238424 10/5/10 1,707.30 238425 10/5/10 6,082.31 238426 10/5/10 125.00 238427 10/5/10 110.00 238428 10/5/10 151.00 238429 10/5/10 95.00 238430 10/5/10 329.25 238431 10/5/10 39.00 238432 10/5/10 1,071.61 238433 10/5/10 145.00 238434 10/5/10 1,000.00 238435 10/5/10 53.70 238436 10/5/10 432.00 238437 10/5/10 864.00 238438 10/5/10 35.00 238439 10/5/10 280.00 238440 10/5/10 250! 238441 10/5/10 299.6_ 238442 10/5/10 195.80 238443 10/5/10 20,370.21 238444 10/5/10 120.00 238445 10/5/10 284.21 238446 10/5/10 480.00 238447 10/5/10 70.00 238448 10/5/10 3,713.11 238449 10/5/10 250.00 238450 10/5/10 250.00 238451 10/5/10 40.00 238452 10/5/10 236.52 238453 10/5/10 155.20 238454 10/5/10 32.16 238455 10/5/10 1,367.13 238456 10/5/10 135.00 238457 10/5/10 3,415.40 238458 10/5/10 185.00 238459 10/5/10 150.00 238460 10/5/10 140.00 238461 10/5/10 300.00 238462 10/5/10 84.00 238463 10/5/10 329,619.39 238464 10/5/10 135.0 238465 10/5/10 30. 238466 10/5/10 155.00 238467 10/5/10 159.03 238468 10/5/10 100.00 238469 10/5/10 280.00 PAYEE MCGREGOR MURRAY MYERS N C CHAMBER OF COMMERCE NINYO & MOORE NOSAL WILLIAM A OLIVER PACKAGING & PADRE JANITORIAL SUPPLIES INC PALM ENGINEERING PAUU PEACE OFFICERS RESEARCH PERRY FORD POST POTTER PRO -EDGE KNIFE PROJECT PARTNERS INC PUBLIC EMP RETIREMENT SYSTEM AY ,.EGIONAL TRAINING CENTER ROBERT L GIBBS RUIZ SAN DIEGO CITY BEAT SAN DIEGO CITY BEAT SAN DIEGO DAILY TRANSCRIPT SDG&E -SHORT, CRAIG SMART & FINAL SOUTH COAST EMERGENCY STANDARD AUTO RECYCLING STAPLES ADVANTAGE STARTECH COMPUTERS SYSCO SAN DIEGO TORREY PINE BANK UNCLE BUCKS CHECK CASHING URIAS WADE & ASSOCIATES WEST PAYMENT CENTER ZIETLOW, DAVID BEARD BOOT WORLD DANTE'S MODULAR PERFORMANCE 4ESROCHERS 1IXIELINE BUILDERS E2 MANAGE TECH INC EDCO DISPOSAL CORPORATION FEDEX GE CAPITAL WARRANT REGISTER # 14 10/5/2010 DESCRIPTION RETIREE HEALTH BENEFITS OCT'10 RETIREE HEALTH BENEFITS OCT'10 RETIREE HEALTH BENEFITS OCT'10 SALUTE TO NAVY LUNCHEON GEOTECH MATERIAL TESTING RETIREMENT SETTLEMENT OCT 2010 HOME DELIVERED TRAYS/CONSUMABLES JANITORIAL SUPPLIES FOR NUTRITION RETENTION - KIMBALL BOWL SOD RETIREE HEALTH BENEFITS OCT'10 PEACH OFFICER RESEARCH ASSOC REPLACE FUEL PUMP ON V# 481 RETIREE HEALTH BENEFITS OCT'10 RETIREE HEALTH BENEFITS OCT'10 KNIFE SHARPENING SVCS / NUTRITION TRAFFIC SIGNAL TIMING SERVICE PERIOD 9-10-4 RETIREE HEALTH BENEFITS OCT'10 CCMA ANNUAL CHARGE RETIREE HEALTH BENEFITS OCT'10 RETIREE HEALTH BENEFITS OCT'10 SAN DIEGO CITY BEAT DISPLAY AD SAN DIEGO CITY BEAT DISPLAY AD DRAINAGE IMPROVE PROJECT WASTEWATER GAS & ELECTRIC RETIREE HEALTH BENEFITS OCT10 MOP# 45756. OFFICE SUPPLIES AUTOMOTIVE SUPPLIES FUEL TANK FOR V# 294 MOP# 45704. OFFICE SUPPLIES MOP# 61744. COMPUTER SUPPLIES CONSUMABLES / NUTRITION CENTER RETENTION REFUND OF T&A FILING CHARGE RETIREE HEALTH BENEFITS OCT'10 ART CENTER MONTHLY CHARGE/LEGAL PUBLICATION RETIREE HEALTH BENEFITS OCT'10 REIMBURSEMENT EPA WESTERN BF MOP# 64096. SAFETY BOOTS ECONOMIC DEVELOPMENT LOAN RETIREMENT BENEFIT OCT 2010 CONSTRUCTION SVCS / CASA FAMILIAR ENVIRONMENTAL CONS SVCS-JULY 2010 WASTE DISPOSAL FOR CDC - AUG 2010 EXPRESS MAIL COURIER SERVICES. INSTALLMENT FOR COPIER/FAX RENTAL 2/3 CHK NO DATE AMOUNT 238470 10/5/10 120.00 238471 10/5/10 150.00 238472 10/5/10 140.00 238473 10/5/10 50.00 238474 10/5/10 1,690.00 238475 10/5/10 1,098.64 238476 10/5/10 1,504.00 238477 10/5/10 266.97 238478 10/5/10 5,450.00 238479 10/5/10 340.00 238480 10/5/10 130.00 238481 10/5/10 754.95 238482 10/5/10 280.00 238483 10/5/10 150.00 238484 10/5/10 46.00 238485 10/5/10 14,640.00 238486 10/5/10 270,749.08 238487 10/5/10 190.00 238488 10/5/10 750.00 238489 10/5/10 120.00 238490 10/5/10 310.00 238491 10/5/10 350.00 238492 10/5/10 350.00 238493 10/5/10 1,426.40 238494 10/5/10 11, 070.61 238495 10/5/10 300.00 238496 10/5/10 254.82 238497 10/5/10 534.47 238498 10/5/10 109.75 238499 10/5/10 1,267.29 238500 10/5/10 478.93 238501 10/5/10 6,603.61 238502 10/5/10 17, 348.39 238503 10/5/10 7.37 238504 10/5/10 125.00 238505 10/5/10 916.50 238506 10/5/10 1,155.22 238507 10/5/10 150.00 238508 10/5/10 455.04 238509 10/5/10 125.00 238510 10/5/10 160.00 238511 10/5/10 110.00 238512 10/5/10 6,208.16 238513 10/5/10 18,132.20 238514 10/5/10 104.75 238515 10/5/10 61.60 238516 10/5/10 210.43 PAYEE GEOSYNTEC CONSULTANTS HOGLE IRELAND INC HUSK PARTNERS LASER SAVER INC NBS PACIFIC BUSINESS CAPITAL CORP PRO BUILD PRUDENTIAL OVERALL SUPPLY SDG&E STAPLES ADVANTAGE SWEETWATER AUTHORITY VISTA PAINT WESTFLEX INDUSTRIAL SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 20 9/7/2010 Special Payroll WARRANT REGISTER # 14 10/5/2010 DESCRIPTION ENVIRONMENTAL CONSULTING SVCS CONSULTANT AGREEMENT - JULY 2010 CONSULTING SERVICES SEPT. 2010 MOP# 45725. INK CARTRIDGE LANDSCAPE MAINT DISTRICT SVCS EQUIPMENT RENTAL MOP# 45707. PAINTING SUPPLIES MOP# 45742. LAUNDRY SERVICES GAS AND ELECTRIC UTILITIES / CDC MOP# 45704. OFFICE SUPPLIES WATER UTILITIES FOR CDC MOP# 68834. PAINTING SUPPLIES MOP# 63850. SWIVEL Start Date End Date 9/29/2010 10/5/2010 End Date Check Date 9/20/2010 9/29/2010 10/1/2010 3/3 CHK NO DATE AMOUNT 238517 10/5/10 632.69 238518 10/5/10 545.82 238519 10/5/10 7,500.00 238520 10/5/10 142.30 238521 10/5/10 948.74 238522 10/5/10 375.00 238523 10/5/10 57.56 238524 10/5/10 15.46 238525 10/5/10 168.01 238526 10/5/10 179.24 238527 10/5/10 353.06 238528 10/5/10 129.24 238529 10/5/10 78.56 A/P Total 753,752.19 654,204.31 1,010,370.32 220.97 GRAND TOTAL $ 2,418,547.79 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 9th, 2010 AGENDA ITEM NO. 9 EM TITLE: Warrant Register #15 for the period of 10/06/10 through 10/12/10 in the amount of $673,814.17 PREPARED BY: K. Apalategui DEPARTMENT: PHONE: §19-336-4331! APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 10/06/10 through 10/12/10 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Health Net 238569 $66,549.00 Health Insurance H0067A Oct 2010 Kaiser Foundation Health 238580 $139,730.67 Kaiser INS Active Oct 2010 )ject Design Consultant 238598 $116,553.65 Co, ultant Services — 30, 2010 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 $673,814.17 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: arrant Register #15 Warrant Register#15 10/12/2010 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 159 GENERAL PLAN UPDATE RESERVE 172 TRASH RATE STABILIZATION FUND 290 POLICE DEPT GRANTS 301 GRANT-C.D.B.G. 502 SECTION 8 FUND 505 HOME 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 644 EQUIPMENT REPLACEMENT RESERVE 724 COBRA/RETIREE INSURANCE 731 CONSTRUCTION AND DEMOLITION DEBRIS 279,891.87 - 894.96 - 199.96 4,839.61 3,999.56 145,004.25 -81.08 1,794.33 1,035.72 13,703.16 46.08 33,704.14 6,705.88 48,963.99 4,965.00 109.57 63,027.97 17,119.34 4,909.17 12,989.51 3,429.09 1,058.91 26,465.92 1,227.10 673,814.17 PAYEE BUSTAMANTE & ASSOC ABCANA INDUSTRIES ALL AMERICAN BUILDING AND AMERICAN ROTARY BROOM ASSI SECURITY AUSTIN DOORS BEARD BLACKIE'S TROPHIES AND AWARDS BRENNTAG PACIFIC INC CAPE CA BUILDING STANDARD COMMISSION CAL EXPRESS CALIFORNIA LAW ENFORCEMENT CDWG CITY OF ENCINITAS CITY OF NATIONAL CITY CLAIMS MANAGEMENT ASSOCIATES CLEARS, INC COMPUTER PROTECTION TECH.,INC COOPER'S PLUMBING & HEATING COUNTY OF SAN DIEGO COX COMMUNICATIONS DAILY JOURNAL CORPORATION DELL MARKETING CORP DELTA DENTAL PLAN OF CA DEPT OF CONSERVATION DIAMANTE MOTORS INC DSL EXTREME EDEC ESRI INC FEDEX FIRST CHURCH OF THE NAZARENE FRANK TOYOTA GALVAN GIBBS JR GOO GRANICUS INC GTC SYSTEMS INC HDL COREN & CONE HEALTH NET HEALTH NET HEALTH NET HEALTH NET HEALTH NET HERNANDEZ WARRANT REGISTER # 15 10/12/2010 DESCRIPTION CONSULTING SERVICES AUG 2010 POOL CHEMICALS CARPENTRY/BUILDING REPAIRS SWEEPER REPAIRS CITY-WIDE CARD ACCESS PROJECT DOOR PREVENTIVE MAINTENANCE 125 PLAN REIMBURSEMENT MOP# 67727. PLAQUE POOL CHEMICALS FIRE/LTD OCTOBER 2010 SPECIAL REVOLVING FUND COSTS DELIVERY ILLES DOCUMENTS PD/LTD OCTOBER 2010 HP LJP4014 DUPLEXER UNITS LEAGUE OF CA CITIES MEETING PETTY CASH P/E AUG 2010 (FY11) CONSULTANT SVCS FOR LIABILITY & RISK TRAINING/CLEARS 2010 CONFERENCE NPX-80FR REPLACEMENT BATTERIES PLUMBING SERVICES, REPAIRS REGIONAL COMMUNICATIONS MAINT COX HIGH SPEED 60MB DATA CIRCUIT ANNUAL SUBSCRIPTION RENEWAL POWEREDGE 2160AS CONSOLE RACK DENTAL INS OCTOBER 2010 SMIP COSTS FOR 2ND QUARTER REFUND OF C & D DEPOSIT DSL DATA LINE / EL TOYON REC CENTER BLACK HOLE FARADAY BAGS ARCGIS SERVER WORKGROUP LICENSE FEDEX SHIPMENT REFUND OF C & D DEPOSIT FOUR, 2009 TOYOTA PRIUS HYBRID MILEAGE REIMBURSEMENT REFUND KAISER DEDUCTION REFUND OF PREMIUN DEDUCTION GRANICUS WEBCAST/LIVECAST NETWORK ENGINEERING HOURS CONT SVCS PROP TAX JAN-MAR 2010 HEALTH INS H0067A OCT 2010 HEALTH INS OCT 2010 57135J HEALTH -FULL NETWORK 57135A HEALTH NET 57135F OCT 2010 HEALTH NET H0067F OCT 2010 REFUND OF C & D DEPOSIT 1/3 CHK NO DATE AMOUNT 238530 10/7/10 6,000.00 238531 10/12/10 462.69 238532 10/12/10 1,581.00 238533 10/12/10 634.70 238534 10/12/10 39,514.50 238535 10/12/10 1,455.25 238536 10/12/10 211.99 238537 10/12/10 88.08 238538 10/12/10 1,210.23 238539 10/12/10 640.00 238540 10/12/10 41.40 238541 10/12/10 44.00 238542 10/12/10 1,735.50 238543 10/12/10 641.67 238544 10/12/10 70,00 238545 10/12/10 259.35 238546 10/12/10 4,965.00 238547 10/12/10 395.00 238548 10/12/10 669.07 238549 10/12/10 105.00 238550 10/12/10 9,063.00 238551 10/12/10 3,859.35 238552 10/12/10 775.94 238553 10/12/10 5,456.28 238554 10/12/10 13, 686.47 238555 10/12/10 136.62 238556 10/12/10 1,120.00 238557 10/12/10 86.17 238558 10/12/10 423.24 238 559 10/12/10 10,975.00 238560 10/12/10 45.48 238561 10/12/10 44.10 238562 10/12/10 1,058.91 238563 10/12/10 34.80 238564 10/12/10 12.35 238565 10/12/10 149.70 238566 10/12/10 1,477.35 238567 10/12/10 948.75 238568 10/12/10 2,400.00 238569 10/12/10 66,549.00 238570 10/12/10 1,192.62 238571 10/12/10 7,722.32 238572 10/12/10 2,382.49 238573 10/12/10 1,919.24 238574 10/12/10 63.00 HONEYWELL INTERNATIONAL INC ICC INFRASTRUCTURE ENGINEERING INTER'L INST OF MNCPL CLERK JOSSE KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS LASER SAVER INC LOPEZ MAINTEX INC MAYER HOFFMAN MCCANN PC MCDOUGAL LOVE ECKIS SMITH & MCGREGOR MCGREGOR METRO FIRE & SAFETY MORE DIRECT MUNOZ NATIONAL CITY AUTO TRIM NATIONAL CITY CAR WASH NATIONAL CITY ROTARY CLUB NICP PACIFIC AUTO REPAIR PE PROJECT DESIGN CONSULTANTS REGISTRAR OF VOTERS RELIANCE STANDARD RESCUE TRAINING, INC. RESIDENCE INN SAVANNAH RODRIGUEZ ROE ROSAS SAN DIEGO MIRAMAR COLLEGE SAN DIEGO SPEEDO TACH, INC. SDG&E SILVA SILVA SMART & FINAL SMART SOURCE OF CALIFORNIA LLC STAPLES STAPLES ADVANTAGE STAPLES ADVANTAGE SUPERIOR READY MIX SYMPRO, INC. TELLEZ THE LINCOLN NATIONAL LIFE INS THE SOHAGI LAW GROUP PLC THE STAR NEWS TYLER TECHNOLOGIES, INC U S BANK SERVICE CENTER HVAC MAINTENANCE 2010 CA BUILDING CODE. INFLOW & INFILTRATION ANALYSIS ANNUAL MEMBERSHIP RENEW 125 PLAN REIMBURSEMENT KAISER INS ACTIVE OCT 2010 KAISER RETIREES INS OCT 2010 MOP# 45725. TONER/FINANCE REFUND OF BLDG PERMIT COSTS MISC JANITORIAL SUPPLIES CITY AUDIT SERVICES REFUND CANCELLED DEPOSITION REFUND OF RE PREMIUM DEDUCT 125 PLAN REIMBURSEMENT SERVICE CALL HPLJ P4015N TONER REIMB RETIREMENT GIFT COST R&M CITY VEHICLES CAR WASHES N C ROTARY CLUB STATEMENT TRAINING/ADV DOMESTIC VIOLENCE SMOG CERTIFICATION & REPAIRS 125 PLAN REIMBURSEMENT CONSULTATION SERVICES SEP 1-30, 2010 2010 ELECTION COSTS VTL OCTOBER 2010 COURSE TO MILITARY PARAMEDICS COST FOR RESCUE TRAINING 125 PLAN REIMBURSEMENT 125 PLAN REIMBURSEMENT REIMB-WOMEN SAFE CONFERENCE TRAFFIC ENFORCE RADAR CERTIF SPEEDOMETER CALIBRATIONS FACILITIES GAS & ELECTRIC REDEVELOPMENT SEMINAR 125 PLAN REIMBURSEMENT MOP# 45756. SUPPLIES / FIRE MOP# 45704. OFFICE SUPPLIES/POLICE LASER TONER CARTRIDGES MOP# 45704. OFFICE SUPPLIES/POLICE MOP# 45704. STAMPS COLDMIX ASPHALTS ANNUAL SUPPORT RENEWAL 125 PLAN REIMBURSEMENT LIFE & AD&D STD LTD OCT 2010 LEGAL SERVICES AUGUST 2010 NC CONCRETE IMPROVE PROJECT FINANCIAL SYSTEMS SOFTWARE SVCS US BANK CITY CREDIT CARD 2/3 238575 10/12/10 33,186.73 238576 10/12/10 985.08 238577 10/12/10 4,487.67 238578 10/12/10 250.00 238579 10/12/10 384.60 238580 10/12/10 139, 730.67 238581 10/12/10 20,971.57 238582 10/12/10 161.12 238583 10/12/10 292.01 238584 10/12/10 1,085.89 238585 10/12/10 14, 500.00 238586 10/12/10 150.00 238587 10/12/10 582.18 238588 10/12/10 155.00 238589 10/12/10 1,468.02 238590 10/12/10 4,090.39 238591 10/12/10 116.32 238592 10/12/10 82.31 238593 10/12/10 50.00 238594 10/12/10 250.00 238595 10/12/10 475.00 238596 10/12/10 2,413.64 238597 10/12/10 150.00 238598 10/12/10 116, 553.65 238599 10/12/10 15, 329.00 238600 10/12/10 2,471.91 238601 10/12/10 1,500.00 238602 10/12/10 2,499.56 238603 10/12/10 969.70 238604 10/12/10 92.00 238605 10/12/10 18.92 238606 10/12/10 39.00 238607 10/12/10 168.00 238608 10/12/10 8,409.18 238609 10/12/10 249.00 238610 10/12/10 47.93 238611 10/12/10 17.98 238612 10/12/10 98.78 238613 10/12/10 921.33 238614 10/12/10 997.70 238615 10/12/10 59.24 238616 10/12/10 2,395.63 238617 10/12/10 4,809.57 238618 10/12/10 201.74 238619 10/12/10 9,358.72 238620 10/12/10 28,450.60 238621 10/12/10 978.88 238622 10/12/10 2,233.33 238623 10/12/10 2,129.23 U S BANK SERVICE CENTER U S BANK SERVICE CENTER U S HEALTHWORKS U S IDENTIFICATION MANUAL UNDERGROUND SERVICE ALERT UNITED RENTALS USA MOBILITY WIRELESS, INC. VGA EMERGENCY ANIMAL HOSPITAL WAXIE SANITARY SUPPLY WHITE WILLY'S ELECTRONIC SUPPLY CALIFORNIA SOCIETY OF EDCO DISPOSAL CORPORATION GEOSYNTEC CONSULTANTS HAPPY SOFTWARE INC KEYSER MARSTON ASSOC NATIONAL CITY HISTORICAL SOCIAL SAN DIEGO CLIPPING SERVICE SDG&E STAPLES ADVANTAGE STRADLING YOCCA CARLSON & U S BANK SERVICE CENTER SECTION 8 HAPS PAYMENTS CREDIT CARD EXPENSES / POLICE CREDIT CARD EXPENSES / POLICE MEDICAL SERVICES - DOT EXAM (DENT MANUAL SUBSC RENEWAL UNDERGROUND SERVICE ALERTS YARD CONCRETE BATCH PLANT MIX USA MOBILITY/METROCALL PAGER SVCS EMERGENCY ANIMAL CARE FOR STRAY JANITORIAL SUPPLIES WOMAN SAFE CONFERENCE MOP# 45763. COMPUTER SUPPLIES CSMFO FY10-11 BUDGET AWARD WASTE DISPOSAL FOR CDC ENVIRONMENTAL CONSULTING SVCS HAPPY SUPPORT RENEWAL SOFTWARE ECONOMIC CONSULTING AGREEMENT SEPT 2010 AGREEMENT NEWS READING AND CLIPPING SERVICE GAS AND ELECTRIC UTILITIES / CDC MOP# 45704. OFFICE SUPPLIES/C CLERK LEGAL SERVICES JULY 2010 CREDIT CARD EXPENSES I CDC Start Date 10/6/2010 End Date 10/12/2010 3/3 238624 10/12/10 1,296.41 238625 10/12/10 173.10 238626 10/12/10 55.00 238627 10/12/10 180.26 238628 10/12/10 172.50 238629 10/12/10 358.88 238630 10/12/10 859.75 238631 10/12/10 140.00 238632 10/12/10 409.08 238633 10/12/10 106.41 238634 10/12/10 507.85 238635 10/12/10 200.00 238636 10/12/10 209.50 238637 10/12/10 1,822.75 238638 10/12/10 5,768.00 238639 10/12/10 6,705.88 238640 10/12/10 5,000.00 238641 10/12/10 222.50 238642 10/12/10 33.73 238643 10/12/10 72.92 238644 10/12/10 21,562.90 238645 10/12/10 480.50 A/P Total 665,663.31 8,150.86 GRAND TOTAL $ 673.814.17 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 9th, 2010 AGENDA ITEM NO. 4.0 EM TITLE: Warrant Register #16 for the period of 10/13/10 through 10/19/10 in the amount of $1,823,229.06 PREPARED BY: K. Apalategui DEPARTMENT: PHONE: 619-336-4331' APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 10/13/10 through 10/19/10 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation CDWG 238694 $95,171.59 Computer Equipment Public Emp Ret System 238753 $273,583.46 Employee Ret System Service Period 10-10-3 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 $1,823,229.06 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: errant Register #16 18 8r7} µ __ INCOR$'do, TED Warrant Register #16 10/19/2010 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE FUND 154 STATE PUBLIC LIBRARY FUND 158 SWIMMING POOL REVOLVING FUND 159 GENERAL PLAN UPDATE RESERVE 166 NUTRITION 171 LIBRARY SCHOOL DISTRICT CNTRCT 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 253 RECREATIONAL ACTIVITIES 277 NC PUBLIC LIBRARY DONATINS FUND 282 REIMBURSABLE GRANTS CITYWIDE 290 POLICE DEPT GRANTS 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 346 PROP 1 B FUND 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 1,099,767.33 27,843.39 24,328.73 862.56 21,249.82 69,895.98 5,592.49 196.21 673.16 1,608.37 30,926.14 398.63 1,565.62 417.35 1,379.01 761.48 1,170.78 13,431.07 42,991.19 324.49 761.25 3,727.00 6,307.00 7,305.71 4,003.74 196.21 1,035.64 30,313.90 2,125.82 64,658.56 3,718.63 48,554.16 91,013.40 10,520.28 4,115.24 106,314.80 17,208.34 16,193.57 50,276.02 9,495.99 1,823,229.06 PAYEE AMAZON BAKER & TAYLOR BRODART EMERY-PRATT CO. GBC-DIRECT/SVC/INTL GIANT PHOTO SERVICE KELLEY BLUE BOOK MIDWEST TAPE OMNIGRAPHICS SIRSIDYNIX SPRINT STAPLES ADVANTAGE THOMSON GALE U S POSTMASTER XEROX CORPORATION EQUIFAX INFORMATION SVCS FEDEX FEDEX KOAZ INC PACIFIC BUSINESS CAPITAL CORP PRUDENTIAL OVERALL SUPPLY SAN DIEGO CLIPPING SERVICE SAN DIEGO TROLLEY INC VERIZON WIRELESS 1800-RADIATOR AFLAC AIRGAS-WEST ALCEM FENCE ALCEM FENCE COMPANY INC ALL FRESH PRODUCTS AMERICAN ROTARY BROOM AMR AMR ANTHONY'S AUTO BODY ARCO GASPRO PLUS AT&T MOBILITY AT&T/MCI AT&T/MCI BARKSHIRE LASER LEVELING, INC. BCM CUSTOMER SERVICE BETTER LIFE MOBILITY CENTER BNI PUBLICATIONS, INC. BONSUISSE INC BOOT WORLD CA WORKERS' COMP INSTITUTE CALIFORNIA ELECTRIC SUPPLY CALIFORNIA UNIFORMS, INC. WARRANT REGISTER # 16 10/19/2010 DESCRIPTION CHILDREN BOOKS ADULT NON-FICTION BOOKS CHILDREN BOOKS OLD FARMERS ALMANAC 2011. LAMINATING FILM ROLLS REPRODUCTION OF HISTORICAL MAPS. REFERENCE BOOKS DVD'S FOR THE COLLECTION REFERENCE BOOKS PATRON BARCODES FOR FY 2011. VIDEO CONFERENCING, LONG DISTANCE MOP 45704 - OFFICE SUPPLIES/LIBRARY REFERENCE BOOKS POSTAGE FOR OVERDUE NOTICES XEROX BASE CHARGE AND OVERAGES CREDIT CHECK FOR SECTION 8 FEDEX MAILING SERVICES EXPRESS MAIL COURIER SERVICES ECONOMIC DEVELOPMENT LOAN EQUIPMENT RENTAL MOP# 45742. LAUNDRY SERVICE / NSD NEWS READING AND CLIPPING SERVICE FLAGGING SERVICES 4/07/2010 VERIZON WIRELESS SERVICE / SEC 8 RADIATOR FOR V# 431 ACCOUNT BDM36 COT 2010 MOP 45714 WEARING APPAREL FENCE INSTALLATION AT 3303 NATIONAL MISC FENCE REPAIRS FOOD FOR NUTRITION CENTER MOP 62683 SWEEPER PARTS 3RD QTR REGIONAL COOP CARE PROG 2ND QTR REGIONAL COOP CARE PROG BODY REPAIR ON V# 353 FUEL FOR CITY FLEET TELECOMMUNICATIONS SVC FOR NC TELECOMMUNICATIONS SERVICE TELECOMMUNICATIONS SERVICE SPORTSFIELD RENOVATION HVAC MAINTENANCE A/C UNIT BL ADMIN REFUND BNI PUBLIC WORKS INSPECTOR'S MANUAL DAIRY DELIVERY FOR NUTRITION MOP 64096 WEARING APPAREL FACTSNVORKERS COMP REV OCT201 O MOP 45698 ELECTRICAL MATERIAL INV 80308 / 80311 / 80475 / 80476 1/4 CHK NO DATE AMOUNT 238646 10/19/10 10.75 238647 10/19/10 2,456.38 238648 10/19/10 1,234.94 238649 10/19/10 7.63 238650 10/19/10 321.70 238651 10/19/10 761.25 238652 10/19/10 64.95 238653 10/19/10 119.66 238654 10/19/10 59.70 238655 10/19/10 398.63 238656 10/19/10 11.18 238657 10/19/10 22.66 238658 10/19/10 268.02 238659 10/19/10 308.00 238660 10/19/10 781.04 238661 10/19/10 65.11 238662 10/19/10 26.P 238663 10/19/10 63.. 238664 10/19/10 966.19 238665 10/19/10 195.00 238666 10/19/10 144.98 238667 10/19/10 67.00 238668 10/19/10 124.51 238669 10/19/10 463.27 238670 10/19/10 114.14 238671 10/19/10 1,629.10 238672 10/19/10 147.55 238673 10/19/10 1,060.00 238674 10/19/10 585.00 238675 10/19/10 6,990.56 238676 10/19/10 818.69 238677 10/19/10 31,063.56 238678 10/19/10 29,963.67 238679 10/19/10 1,270.62 238680 10/19/10 25,188.09 238681 10/19/10 2,325.53 238682 10/19/10 5,893.98 238683 10/19/10 2,523.59 238684 10/19/10 3,400.00 238685 10/19/10 150.00 238686 10/19/10 2150 238687 10/19/10 91 238688 10/19/10 1,058.. _ 238689 10/19/10 375.00 238690 10/19/10 121.26 238691 10/19/10 181.58 238692 10/19/10 3,324.30 PAYEE CARQUEST AUTO PARTS CDWG CHAPMAN APPLIANCE SVCS INC CINTAS DOCUMENT MANAGEMENT CITY OF CHULA VISTA CLEAN HARBORS COMMCINEMA INC. CONSTRUCTION ELECTRONICS INC COUNTY OF LOS ANGELES COUNTY OF SAN DIEGO DAPPER TIRE COMPANY DAY WIRELESS SYSTEMS (20) DELL MARKETING CORP DELTACARE (PMI) DIAMOND ENVIRONMENTAL SVCS DIAMOND ENVIRONMENTAL SVCS ISCOUNT SPECIALTY CHEMICALS OCUFLOW SOLUTIONS, INC DREW FORD ECOLAB ESGIL CORPORATION EXPERIAN FERGUSON ENTERPRISES INC FLEET SERVICES INC FLINT TRADING, INC. FLINT TRADING, INC. FRANK TOYOTA G & A AUTO AIR CONDITIONING G & A AUTOMOTIVE, INC. GRAINGER HAMILTON MEATS & PROVISIONS HONEYWELL INTERNATIONAL INC HYDRO-SCAPE PRODUCTS INC. IKON OFFICE SOLUTIONS INDUSTRIAL COATING AND IRON MOUNTAIN RECORDS JOHN DEERE LANDSCAPES JUDD ELECTRIC KAISER FOUNDATION HEALTH PLANS LASER SAVER INC LEXIS-NEXIS DPEZ CCUNE CHRYSLER JEEP MEYERS/NAVE LAW CORP MOSSY NISSAN NAPA AUTO PARTS NATIONAL CITY AUTO TRIM WARRANT REGISTER # 16 10/19/2010 DESCRIPTION MOP 47557 AUTO PARTS INV LA1000260 / LA1000246 REPAIRS OVENS / STEAMER / KETTLE SHREDDING FOR FY 10/11 / SEP 2010 ANIMAL SHELTER COSTS FOR FY 2011 HAZARDOUS WASTE PICKUP MOVIES IN THE PARK SERIES SECURITY MAINTENANCE / OCT 2010 GUNSHOT RESIDUE TESTS SD SHARE OF PARKING CITATION REV TIRES FOR CITY FLEET RADIO MAINTENANCE SERVICE CONTRACT POWER EDGE 2.2GHZ PROCESSOR DENTAL INS PMI OCT 2010. CITY SHARE PORTAPOTTY / FOR BAYFRONT CONCERT HANDICAP UNIT RENTAL GOOP OFF GRAFFITTI REMOVER ANNUAL TYPEWRITER MAINTENANCE MOP 49078 AUTO PARTS DISHWASHER PARTS SERVICE PERIOD 08/29/1 D - 09/25/10 CREDIT CHECKS / NEW PD EMPLOYEES MOP 45723 SEWER MATERIALS MOP 67804 AUTO PARTS STREET SIGNS STREET SIGNS LIABILITY CLAIMS COSTS LABOR AC REPAIR ON V# 334 MOP 72655 R&M AUTO EQUIPMENT MOP 65179 PLUMBING MATERIALS MEAT DELIVERY / NUTRITION CENTER CITY-WIDE HVAC WORK MOP 45720 PLUMBING MATERIALS COPIER MAINTENANCE WATERPROOFING STAIRCASE REPAIR RECORDS MANAGEMENT STORAGE MOP 69277 PLANTING MATERIALS CITY-WIDE ELECTRICAL REPAIRS KAISER RET INS OCT 2010 MOP 45725 PRINTER SUPPLIES LEXIS-NEXIS ONLINE LEGAL RESEARCH TRANSLATION SERVICES FY 10/11 4782490 AC WHEEL ALU 22001005 INV 2010090081 CONSULT MOU NEG ALUMINUM WHEEL / POLICE MOP 45735 MATERIALS & SUPPLIES R&M CITY VEHICLES 2/4 CHK NO DATE AMOUNT 238693 10/19/10 111.48 238694 10/19/10 95,171.59 238695 10/19/10 287.54 238696 10/19/10 72.95 238697 10/19/10 28,497.00 238698 10/19/10 1,169.62 238699 10/19/10 2,850.00 238700 10/19/10 843.55 238701 10/19/10 996.00 238702 10/19/10 13, 378.00 238703 10/19/10 2,076.13 238704 10/19/10 4,650.00 238705 10/19/10 15, 977.05 238706 10/19/10 3,359.98 238707 10/19/10 213.38 238708 10/19/10 182.62 238709 10/19/10 377.67 238710 10/19/10 140.00 238711 10/19/10 1,025.33 238712 10/19/10 313.65 238713 10/19/10 12, 285.00 238714 10/19/10 27.24 238715 10/19/10 1,319.15 238716 10/19/10 73.26 238717 10/19/10 2,500.94 238718 10/19/10 212.81 238719 10/19/10 19, 703.76 238720 10/19/10 515.51 238721 10/19/10 381.34 238722 10/19/10 589.60 238723 10/19/10 3,051.87 238724 10/19/10 7,269.69 238725 10/19/10 804.18 238726 10/19/10 5,412.97 238727 10/19/10 11, 328.38 238728 10/19/10 262.00 238729 10/19/10 840.07 238730 10/19/10 569.91 238731 10/19/10 9,495.99 238732 10/19/10 16.41 238733 10/19/10 427.38 238734 10/19/10 140.00 238735 10/19/10 1,955.40 238736 10/19/10 1,816.22 238737 10/19/10 3,637.09 238738 10/19/10 917.33 238739 10/19/10 357.78 PAYEE NATIONAL CITY CAR WASH NATIONAL CITY TROPHY NFPA NFPA NICP ONE SOURCE DISTRIBUTORS ONE STOP PARTS SOURCE ORIENTAL TRADING, CO., INC. ORKIN PEST CONTROL PADRE JANITORIAL SUPPLIES INC PERRY FORD PRO BUILD PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RAY WILLIAMS REFRIGERATION RED WING SHOES S & S WELDING S D FIREFIGHTERS REGIONAL S.D. COUNTY SHERIFF'S DEPT. SAM'S ALIGNMENT SERVICE SAN DIEGO AMERICAN RED CROSS SAN DIEGO MIRAMAR COLLEGE SAN DIEGO NEIGHBORHOOD NEWS SAN DIEGO PET & LAB SUPPLY SAN DIEGO SPEEDO TACH, INC. SDG&E SDG&E SEWARD SKS INC. SOUTHWEST SIGNAL SERVICE SPARKLETTS SPARKLETTS WATER STAPLES STAPLES ADVANTAGE STARTECH COMPUTERS SWEETWATER AUTHORITY SYSCO SAN DIEGO THE LIGHTHOUSE INC THE STAR NEWS THE UNION TRIBUNE PUBLISHING TOM MOYNAHAN TURNER'S PORTABLE WELDING U S BANK SERVICE CENTER ULTIMATE GRAPHICS UNITED RENTALS VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL WARRANT REGISTER # 16 10/19/2010 DESCRIPTION CAR WASHES FOR CITY FLEET MOP 66556 BUILDING MATERIALS NFPA CODE SUBSCRIPTION FY11 NFPA MEMBERSHIP FY11: DIR PARRA. REGISTRATION/ADV DOMESTIC V CONE MOP 67256 SHOP SUPPLIES AUTOMOTIVE SUPPLIES HALLOWEEN CRAFT SUPPLIES PEST MAINTENANCE JANITORIAL SUPPLIES FOR NUTRITION LABOR TO REPAIR V# 432 MOP 45707 MATERIALS & SUPPLIES MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 10-10-3 MAINT FOR REFRIGERATOR/NUTRITION SAFETY BOOTS REPAIR STORM DRAIN GRATE CITY PORTION / WELLNESS EVALUATIONS CAL -ID PROGRAM FOR FY 2011 WHEEL ALIGNMENTS AED / CRP CLASS REGIONAL OFFICER TRAINING ADVERTISING MULTI -FACILITY SPECS MOP# 45753, FOOD FOR POLICE K-9 SPEEDOMETER CALIBRATIONS STREET DIVISION GAS & ELECTRIC STREET GAS & ELECTRIC TRAINING / SHERMAN BLOCK INST OIL TRAFFIC SIGNAL & STREET LIGHTING SPARKLETTS WATER / NUTRITION WATER DELIVERY / MYR OFFICE MOP# 45704. STAMPS COPY PAPER MOP# 61744. COMPUTER SUPPLIES WASTEWATER WATER BILL CONSUMABLES FOR NUTRITION CENTER MOP 45726 AUTO PARTS ADVERTISING -BAY FRONT CONCERT 2010 ADVERTISING BAY FRONT CONCERT MOP 45734 R&M AUTO EQUIPMENT LABOR, WELD REPAIRS ON V# 118 CREDIT CARD EXPENSES - COMM SVCS BAYFRONT CONCERT BANNER GENERATOR RENTAL FOR BAYFRONT MOP 46453 PLUMBING MATERIALS EMERGENCY ANIMAL CARE FOR STRAY 3/4 ' CHK NO DATE AMOUNT 238740 10/19/10 302.00 238741 10/19/10 188.55 238742 10/19/10 1,620.00 238743 10/19/10 150.00 238744 10/19/10 475.00 238745 10/19/10 139.69 238746 10/19/10 417.55 238747 10/19/10 324.49 2313748 10/19/10 373.33 238749 10/19/10 613.56 238750 10/19/10 3,556.09 238751 10/19/10 1,982.60 238752 10/19/10 505.77 238753 10/19/10 273,583.46 238754 10/19/10 187.50 238755 10/19/10 125.00 238756 10/19/10 460.9 238757 10/19/10 3,727 238758 10/19/10 8,464.00 238759 10/19/10 151.46 238760 10/19/10 35.00 238761 10/19/10 91.00 238762 10/19/10 697.00 238763 10/19/10 126.59 238764 10/19/10 112.00 238765 10/19/10 19, 517.79 238766 10/19/10 22,621.85 238767 10/19/10 419.58 238768 10/19/10 1,276.10 238769 10/19/10 18, 97 0.46 238770 10/19/10 10.70 238771 10/19/10 1.50 238772 1 D/19/10 59.24 238773 10/19/10 2,398.55 238774 10/19/10 85.93 238775 10/19/10 242.03 238776 10/19/10 6,192.98 238777 10/19/10 359.03 238778 10/19/10 824.57 238779 10/19/10 822.02 238780 10/19/10 50.00 238781 10/19/10 523 238782 10/19/10 152. 238783 10/19/10 282.75 238784 10/19/10 227.00 238785 10/19/10 1,445.44 238786 10/19/10 80.00 PAYEE VCA MAIN STANIMAL HOSPITAL VERIZON WIRELESS WEST PAYMENT CENTER WEST PAYMENT CENTER WESTFLEX INDUSTRIAL WHITE WOOD & WOOD WOOD & WOOD YOUNG WIRED PAYMENTS TRISTAR RISK MANAGEMENT SECTION 8 HAPS PAYMENTS AYROLL Pay period 21 Start Date 9/21/2010 WARRANT REGISTER # 16 10/19/2010 DESCRIPTION FOR K9 VET CARE FOR FY 2011 VERIZON WIRELESS SERVICE LEGAL PUBLICATION 8/05/10-10/04/10 CLEAR INVESTIGATIVE DATABASES MOP 63850 AUTO PARTS REIMBURSEMENT DOM V CONFERENCE LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS TRAINING/SHERMAN BLOCK INST SEPT 2010 WC REPLENISHMENT Start Date 10/13/2010 End Date 10/4/2010 End Date 10/19/2010 Check Date 10/13/2010 4/4 CHK NO DATE AMOUNT 238787 10/19/10 446.90 238788 10/19/10 5,064.90 238789 10/19/10 1,155.22 238790 10/19/10 420.00 238791 10/19/10 370.87 238792 10/19/10 170.94 238793 10/19/10 14,411.31 238794 10/19/10 9,388.49 238795 10/19/10 442.98 A/P Total 791,688.79 31965566 10/18/10 46,814.86 GRAND TOTAL 9,526.56 975,198.85 $ 1,823,229.06 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 9, 2010 AGENDA ITEM NO. 11 EM TITLE: Investment Report for quarter ended September 30, 2010. PREPARED BY: Jeanette Ladrido, CPA DEPARTMENT: PHONE: 619-336-43311 APPROVED BY: EXPLANATION: See attached report. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Staff certifies that there are sufficient funds to meet the City's financial needs. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File the Investment Report for the Quarter ended September 30, 2010. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 3ackground/Investment Overview 'ortfolio Summary — Quarter ended September 30, 2010. ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires the City Treasurer or the Chief Financial Officer to submit to the City Council a quarterly report of the City's investment portfolio consisting of the following information: Vvv\Vb Type of investment or description, Issuers (bank or institution), Dollar amount, Interest rate, Current market valuation as of the date of the report, And the date of maturity. In addition, the code requires that the report states the City's compliance with it's investment policy and include a statement on the City's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The City's pooled investment portfolio as of the quarter ended September 30, 2010 is summarized below and compared to the quarter ended September 30, 2009. QUARTER ENDED AS OF 9/30/2010 9/30/2009 Par Value 45,672,431.98 45,878,965.13 Book Value (1) 45,672,181.98 45,878,890.13 Market Value (2) 45,864,569.56 46,069,858.82 (1) The book value is the actual cost of investments. (2) The market value is the amount at which the investments could be sold. The City of National City has 75.73% of the total portfolio invested in the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. Due to the current circumstances of the economy and the market conditions, LAIF return has been plunging for the last 24 months. For the month ended September 30, 2010, LAIF's monthly average effective yield was 0.50%. The summary of the City's investment portfolio is illustrated in the following chart. SUMMARY OF INVESTMENT PORTFOLIO As of September 30, 2010 Investment Type INVESTMENTS HELD BY THE CITY Book Value YTM % of Market Value 365 Equiv. Portfolio LAIF Medium Term Notes Federal Agency Securities Certificates of Deposit Negotiable CD/CDARS Totals for September 2010 Totals for September 2009 Portfolio decrease from same quarter last year 34,589,431-98 500,000.00 7,989,750.00 593,000.00 2,000,000.00 34,655,665.55 516,350.00 8,098,637.71 593,916.30 2,000,000.00 0.500% 4.000% 2.732% 2.854% 2.750% 75.73% 1.09% 17.49% 1.30% 4.38% 45, 672,181.98 45, 864, 569.56 1.029% 100.00% 45,878,890.13 -206,708.15 Negotiable CDICDARS Certificates of Deposit 4.38% 1.30% Federal Agency Securities 17.49% Medium Term Notes 1.09% Investments Liquidity LAIF 75.73% Book Value % of Portfolio On Demand Within One Month One Month to One Year Within One to Five Years City of National City Finance Department 34,589,431.98 1,898,750.00 7,444,000 00 1,740,000.00 45,672,181.98 75.73% 4.16% 16.30% 3.81 % 100.00% Federal Agency Securities account for 17.5% of the investment portfolio. The average rate of return is 2.732% which is the average yield offered in the current market of Security Bonds with same terms. The City has 1.3% invested in Certificates of Deposit. These investments are in increments of $99,000 to ensure that the funds meet the Federal Deposit Insurance Corporation (FDIC) requirements. The average rate of return is 2.854%. On 9/13/2007 and 7/24/2008, City Council approved a $2 million and $1 million investments in the CDARS program. To date the total investment is $2 million. The current investment yield is 2.75% and accounts for 4.3% of the portfolio. The pooled investment portfolio has the ability to meet the City's financial needs. The next chart shows the distribution by Fund of the City's total $45.7M investment portfolio. FUND EQUITY IN POOLED INVESTMENTS OTHER FUNDS, $14.0 INTERNAL SERVICE FUNDS, $10.5 GENERAL FUND, $8.1 SEWER SERVICE FUND, $12.1 SPECIAL REVENUE FUNDS, $1.0 14- Investments City of National City City of National City Portfolio Management Portfolio Summary September 30, 2010 Par Market Book % of Days to YTM/C YTM/C Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Certificates of Deposit - Monthly 593,000.00 593,916.30 593,000.00 1.30 701 142 2.815 2.854 LAIF 34,589,431.98 34,655,665.55 34,589,431.98 75.73 1 1 0.493 0.500 Medium Term Notes 500,000.00 516,350,00 500,000.00 1,09 1,462 502 3.945 4.000 Federal Agency Securities 7,990,000.00 8,098,637.71 7,989,750.00 17.49 1,826 200 2.695 2.732 CDARS 2,000,000.00 2,000,000.00 2,000,000.00 4.38 728 160 2.712 2.750 Investments Total Earnings Current Year Average Daily Balance Effective Rate of Return Jeanette Lado, Finance Dilector 45,672,431.98 45,864,569.56 45,672,181.98 100.00% 377 50 1.043 1.058 September 30 Month Ending Fiscal Year To Date Reporting period 09/01/2010-09/30/2010 Run Date: 11/01 /2010 - 08:00 40,156.76 45,771,549.82 1.07% 126,075,76 48,611,775.40 1.03% Portfolio CNC CC PM (PRF_PM1) $ymRept 6.41.202b Report Ver. 5.00 CUSIP City of National City Portfolio Management Portfolio Details - Investments September 30, 2010 Page 2 Average Purchase Stated YTMIC Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Certificates of Deposit - Monthly SYS11328 11328 CIT Bank 04/08/2009 98,000.00 98,915.30 98,000.00 2.350 2.350 189 04/08/2011 SYS11334 11334 Community First Bank & Trust 04/23/2009 99,000.00 99,000,00 99,000,00 2.960 220 2.960 24 10/25/2010 SYS11324 11324 Discover Bank 04/02/2009 99,000.00 99,000.00 99,000.00 2.510 300 2.510 185 04/04/2011 SYS11309 11309 High Trust Bank 11/13/2008 99,000,00 99,000.00 99,000.00 4.250 4.250 45 11/15/2010 SYS11336 11336 Tennesse Commerce Bank 04/28/2009 99,000.00 99,000.00 99,000.00 2.650 226 2.650 209 04/28/2011 SYS11330 11330 FirstTuskegee Bank 04/17/2009 99,000.00 99,000.00 99,000.00 2.400 143 2.400 199 04/18/2011 Subtotal and Average 711,800.00 593,000.00 593,916.30 S93,000.00 2.854 142 LAIF 98-37-576 11058 Local Agency Investment Fund Subtotal and Average 34,806,098.65 34,589,431.98 34,589,431.98 34,655,665.55 34,589,431.98 0.500 0.500 1 34,655,665.55 34,589,431.98 0.500 1 Medium Term Notes 36966RV94 11269 GEN ELEC CAP CRP 02/14/2008 500,000.00 516,350.00 500,000.00 4.000 AA+ 4.000 502 02/15/2012 500,000.00 4.000 502 Subtotal and Average 500,000.00 500,000.00 516,350.00 Federal Agency Securities 3133XSNC8 11312 Federal Home Loan Bank 12/16/2008 300,000.00 302,298.00 300,000.00 4.250 AAA 4.250 76 12/16/2013 3133XSZ43 11318 Federal Home Loan Bank 02/18/2009 250,000,00 251,640.00 250,000.00 3.000 AAA 3.000 140 02/18/2014 3133XUVH3 11348 Federal Home Loan Bank 10/06/2009 500,000,00 500,230.00 499,750.00 3.000 AAA 3.051 5 10/06/2014 313370V62 11365 Federal Home Loan Bank 09/22/2010 500,000.00 499,840.00 500,000.00 2.000 AAA 2.000 21 09/22/2015 3128X8N57 11342 Federal Home Loan Mrtgage Corp 06/18/2009 240,000.00 250,351.20 240,000,00 3.000 AAA 3.000 626 06/18/2014 3128X9288 11354 Federal Home Loan Mrtgage Corp 04/15/2010 250,000.00 253,225.00 250,000.00 3.000 AAA 3.000 196 04/15/2015 3128X94V9 11355 Federal Home Loan Mrtgage Corp 04/20/2010 300,000,00 300,396.00 300,000.00 3.000 AAA 3.000 19 04/20/2015 3134G1CX0 11358 Federal Home Loan Mrtgage Corp 05/19/2010 200,000.00 200.676.00 200,000.00 3.100 AAA 3.100 49 05/19/2015 3134G10S0 11360 Federal Home Loan Mrtgage Corp 05/26/2010 300,000.00 301,110,00 300,000.00 3.000 AAA 3.000 56 05/26/2015 3134G1MV3 11361 Federal Home Loan Mrtgage Corp 08/04/2010 1,600,000.00 1,602,736.00 1,600,000.00 2.430 MA 2.430 34 08/04/2015 3134G1RS5 11363 Federal Home Loan Mrtgage Corp 08/25/2010 500,000.00 502,385.00 500,000.00 2.000 AAA 2.000 147 08/25/2015 3134G1RA4 11364 Federal Home Loan Mrtgage Corp 08/25/2010 500,000.00 501,930.00 500,000.00 2.125 AAA 2.125 147 08/25/2015 3136FHJF3 11329 Federal Natl. Mortgage Assoc. 04/21/2009 250,000.00 252,735.01 250,000.00 2.000 AAA 2.000 202 04/21/2014 3136FMRF3 11359 Federal Natl, Mortgage Assoc. 05/19/2010 300,000.00 301.023.00 300,000.00 3,125 AAA 3.125 49 05/19/2015 3136FPAB3 11362 Federal Natl. Mortgage Assoc. 08/18/2010 500,000.00 500,000.00 500,000.00 2.000 AAA 2.000 140 08/18/2015 31398A3S9 11366 Federal Natl. Mortgage Assoc. 09/30/2010 500,000.00 500,000.00 500,000.00 2.000 AAA 2.000 180 09/30/2015 3136F82A2 11266 Fannie Mae 02/12/2008 250,000.00 269,375.00 250,000.00 4.000 AAA 4.000 865 02/12/2013 3136F82A2 C 11267 Fannie Mae 02/12/2008 500,000.00 538,765.00 500,000.00 4.000 AAA 4.000 865 02/12/2013 3136F9CB7 11274 Fannie Mae 03/11/2008 250,000.00 269,922.50 250,000.00 4.000 AAA 4.000 892 03/11/2013 Portfolio CNC CC Run Dale: 11/01/2010 -08:00 PM (PRF_PM2) SymRept 6.41.202b CUSIP City of National City Portfolio Management Portfolio Details - Investments September 30, 2010 Average Purchase Investment # Issuer Balance Date Subtotal and Average 7,173,083.33 Page 3 Stated YTMIC Days to Maturity Par Value Market Value Book Value Rate S&P 365 Maturity Date 7,990,000.00 8,098,637.71 7,989,750.00 2.732 200 CDARS SYS11327 11327 Neighborhood National Bank 03/12/2009 2,000,000.00 2,000,000.00 2,000,000.00 2,750 2.750 160 03/10/2011 Subtotal and Average 2,033,333.33 2,000,000.00 2,000,000.00 2,000,000.00 2.750 160 Total and Average 45,771,549.82 Run Dale 11/01/2010 - 08:00 45,672,431.98 45,864,569.56 45,672,181.98 1.058 50 Portfolio CNC CC PM (PRF_PM2) Sym Rept 6.41.202b CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 9, 2010 AGENDA ITEM NO. 12 EM TITLE: An Ordinance of the City Council of the City of National City, adopting the 2010 California Building Code, California Code of Regulations, Title 24, Volumes I and II and Appendices C, G, H and I of said Code, amending certain sections; providing penalties for violation thereof; and amending Chapter 15.08 of the National City Municipal Code, pertaining to the California Building Code. PREPARED BY: Lui PHONE: 4214 EXPLANATION: See attached ilding Official DEPARTMENT: Develop rvi Building n APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: x FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: That the City Council introduce the Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: )lanation wu dinance Explanation The California Health and Safety Code section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Bui►ding Standards Code within 180 days of publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geologic or topographic conditions. This year the California Building Standards Commission published the 2010 California Building Standards Code which is based on the 2009 International Building Code, 2009 International Residential Code, 2009 Uniform Plumbing Code, 2009 Uniform Mechanical Code, 2008 National Electrical Code, 2010 California Energy Code and the 2010 California Green Building Code. This year since there was a small change in the application provision of the California Building Standards Code, making it applicable to all occupancies in the state, there is no need to adopt the underlying model code. 2010 California Building Code Since this is the fourth edition of the California Building Code that is based on the International Building Code, the changes to this edition are more detailed in nature to help clarify the code. The sections on fire resistive construction have been rewritten to make the provisions more understandable and provide for some additional exceptions for fire sprinklers. 2010 California Residential Code This is a new part to the California Building Standards Code and provides prescriptive requirements for one- and two-family dwellings and townhouses three stories or Tess above grade. Only the structural and fire and life safety provision of the International Residential Code are incorporated into this code, the plumbing, electrical and mechanical provisions were excluded since they are covered in other parts of the California Building Standards Code. When the proposed construction is other than the prescriptive requirements of the Residential Code for conventional construction, an engineered design shall be provide, prepared by a registered engineer or architect showing that the design will comply with the requirements of the building code. 2010 California Electrical Code Changes to the California Electrical Code include new materials and devices to keep current with changes in the industry. Solar photovoltaic installations are increasing in size and installation requirements have been clarified. Arch -fault protection has been expanded to include more circuits in residential construction along with ground -fault circuit interrupters. 2010 California Plumbing Code A new chapter on non -potable water reuse systems has been added to the California Plumbing Code. This chapter incorporates the requirements for graywater systems and recycled water systems. The remainder of the plumbing code has changes that typically refer to a standard for a particular item. 2010 California Mechanical Code The 2010 California Energy Code changes include references to updated standards and re -written sections to clarify code requirements. 2010 California Energy Code The changes to the California Mechanical Code result from requirements in the legislation to increase energy conservation. Lighting requirements to improve efficiency have been added and include outdoor lighting. Whole house mechanical ventilation has been added to provide a healthier environment in the tightly sealed houses. 2010 California Green Building Code This is a new code added to the California Building Standards Code. It includes requirements for recycling construction materials, water conservation, building management, and facilities for low emission vehicles. 2009 Uniform Swimming Pool, Spa and Hot Tub Code The California Building Code includes a section on Uniform Swimming Pool, Spa and Hot Tub. We are adopting the 2009 Uniform Swimming Pool, Spa and Hot Tub Code to bring our Code up-to-date. The major change is that the California Building Code requires any remodel of a pool to add an antientrapment cover meeting current standards whereas we are requiring that with any permit requested from the Building Division for any type of work where a pool exists, will require such a device. ORDINANCE NO. 2010 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2010 CALIFORNIA BUILDING CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, VOLUMES I AND II, AND APPENDICES C, G, H AND I OF SAID CODE, AMENDING CERTAIN SECTIONS, PROVIDING PENALTIES FOR VIOLATION THEREOF, AND AMENDING CHAPTER 15.08 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE CALIFORNIA BUILDING CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2010 California Building Code, California Code of Regulations, Title 24, Volumes I and II and Appendices C, G, H and I of said Code. Section 2. The City Council of the City of National City hereby amends, adds, and deletes certain sections of the 2010 California Building Code and Chapter 1 of said Code, based on local climatic, topographic or geological conditions that justify deviating from said Code. thereby amending Chapter 15.08 of the National City Municipal Code to read as follows: Sections: 15.08.010 15.08.015 15.08.020 15.08.025 15.08.030 15.08.035 15.08.040 15.08.045 15.08.050 15.08.055 15.08.056 CHAPTER 15.08 CALIFORNIA BUILDING CODE California Building Code -Adopted. Chapter 1, Administration -Deleted. Chapter 2, Definitions -Added. Chapter 1, DIVISION II, Section 1 04.6 Right of entry -Amended. Chapter 1, DIVISION II, Section 1 05.2 Work exempt from permit - Amended. Chapter 1, DIVISION II, Section 1 05.3.2 Time limitation of application - Amended. Chapter 1, DIVISION II, Section 1 05.5 Expiration -Amended. Chapter 1, DIVISION II, Section 1 05.7 Placement of permit -Amended. Chapter 1, DIVISION II, Section 105.8 Permit denial -Added. Chapter 1, DIVISION II, Section 109.2 Schedule of permit fees - Amended. Plan Review Fees -Added. 15.08.060 15.08.062 15.08.065 15.08.070 15.08.075 15.08.080 15.08.085 15.08.090 15.08.092 15.08.093 15.08.095 15.08.100 Chapter 1, DIVISION II, Section 109.4 Work commencing before permit issuance —Amended. Applications and extensions —Added. Chapter 1, DIVISION II, Section 110.3.8.1 Reinspections—Added. Chapter 1, DIVISION II, Section 111.3 Temporary occupancy —Amended. Chapter 1, DIVISION II, Section 113.1 Board of Appeals —Amended. Chapter 1, DIVISION II, Section 114 Violations —Amended. Section 501.2 Address numbers —Amended. Table 1505.1 Minimum roof covering classification —Amended. Chapter 18, Division II, Section 1803 Geotechnical Investigations, Subsection 1803.1.1—Added. Chapter 31, Division I1, Section 3109 Swimming Pool Enclosures and Safety Devices, Subsection 3109.4.48 (4) - Construction requirements for building a pool or spa —Amended. Section 3409.1.1 Historic buildings —Added. Appendix Chapters C. G, H, and I —Adopted. 15.08.010 California Building Code —Adopted. The city council adopts, for the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, use, height, area, fire resistance and maintenance of all buildings and/or structures, the 2010 California Building Code as published in the California Building Code Volumes I and II, 2010 edition, California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, and Appendices C, G, H, and I, save and except such portions as are deleted, added, or modified, of which copies of all the codes have been and are now filed in the office of the Building Official; and, the same are adopted and incorporated as fully set out at length in this Chapter, and the provisions thereof shall be controlling within the city limits. 15.08.015 Chapter 1, Administration —Deleted. 15.08.020 Chapter 2, Definitions —Added. The following definition is added to Section 202 to read as follows: Authority Having Jurisdiction. The "Authority Having Jurisdiction" means the Building Official of the City of National City- 15.08.025 Chapter 1, DIVISION II, Section 104.6 Right of entry —Amended. Section 104.6 of the 2010 California Building Code is amended to read s follows: 104.6 Right of Entry. When necessary to make an inspection to enforce any of the provisions of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists a condition that makes such building or premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction and/or their representatives may request entry as specified on Chapter 1.12 of the National City Municipal Code. Ordinance No. 2010 — 2 Building Code 15.08.030 Chapter 1, DIVISION 11, Section 105.2 Work exempt from permit — Amended. Section 105.2 Building: Item 4 of the 2010 California Building Code is amended to read as follows: Permits for retaining walls shall be as specified in the National City Municipal Code, Chapter 15.70. Section 105.2 Building of the 2010 California Building Code is amended by adding the following items: 14. Playground, gymnastic and similar equipment and structures used for recreation and athletic activities accessory to Group R Division 3 structures. 15. Repairs to lawfully existing Group R Division 3 structures and Group U occupancy structures accessory to Group R Division 3 structures constructed pursuant to a building permit which involves only the replacement of component parts or existing work completed with similar materials only for the purpose of maintenance and do not affect any structural components or plumbing. mechanical or electrical installations. Repairs exempt from permit requirements shall not include any addition, change or modification in construction. exit facilities or permanent fixtures or equipment. Specifically exempt from permit requirements are: 1) Painting and decorating including refinishing of exterior stucco finishes. 2) Installation of floor covering. 3) Cabinet work. 4) Outside paving on private property. not within the public right-of-way. 5) Replacement of existing windows with no structural modification of the existing window opening. 16. Ground mounted satellite antennas not exceeding ten feet in diameter and roof mounted satellite antennas not exceeding eight feet in diameter. 17. Painted wall signs and styrofoam or other foam mounted wall signs. 15.08.035 Chapter 1, DIVISION I1, Section 105.3.2 Time limitation of application Amended. Section 105.3.2 of the 2010 California Building Code is amended to read as follows: Section 105.3.2 Time limitation of plan check application. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of firing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant a maximum of three extensions for an additional time of three months each, provided there have been no changes to the plans and that no new codes have been adopted since the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be assessed for each plan check extension. The extension shall be requested in writing and justifiable cause demonstrated. Ordinance No. 2010 — 3 Building Code 15.08.040 Chapter 1, DIVISION II, Section 105.5 Expiration —Amended. Section 105.5 of the 2010 California Building Code is amended to read as follows: Section 105.5 Expiration. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of 6 calendar months, or if the building or work authorized by such permit exceeds three (3) calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Authority Having Jurisdiction within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Authority Having Jurisdiction within each 6 month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. The same edition of the California codes is in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid; E. The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one quarter the amount required for a new permit shall be paid; Ordinance No. 2010 — 4 Building Code D. A renewal permit shall expire three (3) calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: A. Construction in reliance upon the building permit has commenced and has been approved; B. No changes have been made or will be made in the original plans and specifications for such work; C. A fee equal to the full amount required for a new permit is paid except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with this subsection shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of (A), (B), and (C) as stated in this subsection are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this section. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding 6 calendar months upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. 5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 15.08.045 Chapter 1, DIVISION II, Section 105.7 Placement of permit —Amended. Section 105.7 of the 2010 California Building Code is amended to read as follows: Section 105.7 Placement of permit. The building permit or a copy, the inspection record, and the approved plans shall all be kept on site until the completion of the project. The inspection record is to be kept on the job unless removed by the building official. 15.08.050 Chapter 1, DIVISION II, Section 105.8 Permit denial —Added. Section 105.8 of the 2010 California Building Code is added as follows: Section 105.8 Permit denial. The Authority Having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.08.055 Chapter 1, DIVISION II, Section 109.2 Schedule of permit fees — Amended. Section 109.2 of the 2010 California Building Code is amended to read as follows: Ordinance No. 2010 — 5 Building Code follows: Section 109.2 Schedule of permit fees. Fees shall be assessed in accordance with the most recent fee schedule adopted by the National City City Council . 15.08.056 Plan Review Fees —Added. Section 15.08.056 is added to read as 15.08.056 Plan Review Fees. When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in the current City of National City fee schedule. 15.08.060 Chapter 1, DIVISION II, Section 109.4 Work commencing before permit issuance —Amended. Section 109.4 of the 2010 California Building Code is amended to read as follows: Section 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee. When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. 15.08.062 Applications and extensions —Added. Application and Extensions An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Authority Having Jurisdiction is authorized to grant a maximum of three extensions for an additional time of three months each provided there have been no changes to the plans and that no new codes have been adopted since the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be assessed for the second and subsequent plan check extensions. The extension shall be requested in writing and justifiable cause demonstrated. 15.08.065 Chapter 1, DIVISION II, Section 110.3.8.1 Reinspections—Added. Section 110.3.8.1 of the 2010 California Building Code is added to read as follows: Section 110.3.8.1 Re -inspections. A re -inspection fee may be assessed for each inspection or re -inspection when any of the following occurs: 1. The portion of work for which the inspection was called is not complete; the corrections previously required and called for are not made; 2. Calling for an inspection before the job is ready for such inspection or re -inspection; 3. The inspection record card or the approved plans are not posted or otherwise available to the inspector; 4. Failure to provide access on the date for which the inspection is requested; or, 5. Deviating from the approved plans when such deviation or change required approval of the building official. Ordinance No. 2010 — 6 Building Code To obtain a re -inspection, the permittee shall file an application therefore in writing upon a form provided for that purpose and pay the re -inspection fee as specified in the Fee Schedule adopted by the City Of National City. In instances where a re -inspection fee has been assessed, no further inspections shall be performed until the fees have been paid. 15.08.070 Chapter 1, DIVISION II, Section 111.3 Temporary occupancy certificate — Amended. Section 111.3 of the 2010 California Building Code is amended to read as follows: Section 111.3 Temporary Occupancy Certificate. Where a project or a major portion thereof is substantially complete and can be safely occupied, but practical difficulties delay completion of work, the building official may issue a Temporary Certificate of Occupancy for the use of a portion or portions of the building or structure prior to the completion of the entire project. Prior to issuance of a Temporary Certificate of Occupancy, the premises shall be inspected by all affected City departments who shall prepare a list of work required to be completed and shall forward the list along with a recommendation for approval or disapproval of the issuance of a Temporary Certificate of Occupancy to the building official. Upon receipt of a recommendation for approval from all affected City departments, the Authority Having Jurisdiction may prepare a written document granting temporary occupancy that shall include the following: 1. Work yet to be completed; 2. Maximum time allotted for completion of said work; 3. Property owner's signature and the signature of the contractor agreeing to complete the work within the prescribed time or vacate the premises upon order of the building official until such work is completed; 4. Evidence that a faithful performance bond has been posted if required by any affected city department; and 5. A copy of a written document granting temporary occupancy shall be provided to all affected city departments. 15.08.075 Chapter 1, DIVISION II, Section 113.1 Board of Appeals —Amended. Section 113.1 of the 2010 California Building Code is amended to read as follows: Section 113.1 Board of Appeals. The City Council, pursuant to National City Municipal Code Chapter 15.04, shall have jurisdiction to review the items as enumerated in Chapter 15.08 of the National City Municipal Code. 15.08.080 Chapter 1, DIVISION II, Section 114.1 Violations —Amended. Section 114.1 of the 2010 California Building Code is amended to read as follows: Section 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. Violation of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. Ordinance No. 2010 — 7 Building Code 15.08.085 Section 501.2 Address numbers —Amended. Section 501.2 of the 2010 California Building Code is amended to read as follows: Section 501.2 Address numbers. Every principal building or structure within the incorporated limits of the City of National City shall be identified by a designated street number as issued by the National City Fire Department. Approved numbers or addresses shall be placed on all new and existing buildings, adjacent to the principal entrance to the premises or at a point that is highly visible and legible from the street. If necessary, directional signs shall be posted showing proper access to the given address from a point where the Fire Department access roadway leaves the dedicated street, to the entrance of each addressed building. All such numbers shall be Arabic numerals or alphabetical letters and shall be a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inches (12.7mm), and shall be placed on a contrasting background. 15.08.090 Table 1505.1 Minimum roof covering classification —Amended. Table 1505.1 of the2010 California Building Code is amended to read as follows: Due to climatic and geographical conditions within the City of National City, Table 1505.1 is amended as follows: Table 1505.1 Minimum Roof Covering Classification for Types of Construction IA IB IIA IIB IIIA IIIB IV VA VB B B B B B B B B B 15.08.092 Chapter 18 Division II Section 1803 Geotechnical Investigations, Subsection 1803.1.1—Added. Chapter 18, Division II, Section 1803 Geotechnical Investigations, Subsection 1803.1.1.1.1 of the 2010 California Building Code is added to read as follows: Subsection 1803.1.1.1.1. A geotechnical investigation shall be submitted with each application for a building permit for a new building or addition 500 square feet and larger. The investigation and report shall comply with the requirements of Section 1803. 15.08.093 Chapter 31, Division II, Section 3109 Swimming Pool Enclosures and Safety Devices, Subsection 3109.4.48 (4) - Construction requirements for building a pool or spa —Amended. Section 3109.4.4.8 (4) of the 2010 California Building Code is added to read as follows: Section 3109.4.4.8 (4) Construction requirements for building a pool or spa. (4) Whenever any building permit is issued and there is an existing swimming pool, toddler pool or spa, the permit shall require that the suction outlet of the existing swimming pool, toddler pool or spa be updated so as to be equipped with an anti -entrapment cover meeting current standards of the American Society for Testing and Materials (ASTM) or the American Society of Mechanical Engineers (ASME). Ordinance No. 2010 — 8 Building Code 15.08.095 Section 3409.1.1 Historic buildings —Amended. Section 3409.1.1 of the 2010 California Building Code is added to read as follows: Section 3409.1.1 Historic Buildings. The repair, alteration, enlargement, maintenance and moving of historic buildings which are designated as historic pursuant to National City Municipal Code Chapter 18.139 shall comply with the provisions of the State Historical Building Code (Part 8, Title 24, California Code of Regulations) and shall be subject to the review of permit requirements of National City Municipal Code Chapter 18.139. 15.08.100 Appendix Chapters C. G. H and I —Adopted. Appendix Chapters C, G, H and 1 of the 2010 Califomia Building Code are adopted. PASSED and ADOPTED this day of , 2010. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor Ordinance No. 2010 — 9 Building Code CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 9, 2010 AGENDA ITEM NO. 13 EM TITLE: An Ordinance of the City Council of the City of National City adopting the 2010 California Energy Code, California Code of Regulations, Title 24, Part 6, and amending Chapter 15.75 of the National City Municipal Code pertaining to the California Energy Code. PREPARED BY: L PHONE: 42 EXPLANA1 FON: See attached ilding Official DEPARTMENT: Developmen e uilding Div" APPROVED BY;%� • FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: X FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: That the City Council introduce the Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: )Ianation Vidinance Explanation The California Health and Safety Code section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geologic or topographic conditions. This year the California Building Standards Commission published the 2010 California Building Standards Code which is based on the 2009 International Building Code, 2009 International Residential Code, 2009 Uniform Plumbing Code, 2009 Uniform Mechanical Code, 2008 National Electrical Code, 2010 California Energy Code and the 2010 California Green Building Code_ This year since there was a small change in the application provision of the California Building Standards Code, making it applicable to all occupancies in the state, there is no need to adopt the underlying model code. 2010 California Building Code Since this is the fourth edition of the California Building Code that is based on the International Building Code, the changes to this edition are more detailed in nature to help clarify the code. The sections on fire resistive construction have been rewritten to make the provisions more understandable and provide for some additional exceptions for fire sprinklers. 2010 California Residential Code This is a new part to the California Building Standards Code and provides prescriptive requirements for one- and two-family dwellings and townhouses three stories or less above grade. Only the structural and fire and life safety provision of the International Residential Code are incorporated into this code, the plumbing, electrical and mechanical provisions were excluded since they are covered in other parts of the California Building Standards Code. When the proposed construction is other than the prescriptive requirements of the Residential Code for conventional construction, an engineered design shall be provide, prepared by a registered engineer or architect showing that the design will comply with the requirements of the building code. 2010 California Electrical Code Changes to the California Electrical Code include new materials and devices to keep current with changes in the industry. Solar photovoltaic installations are increasing in size and installation requirements have been clarified. Arch -fault protection has been expanded to include more circuits in residential construction along with ground -fault circuit interrupters. 2010 California Plumbing Code A new chapter on non -potable water reuse systems has been added to the California Plumbing Code. This chapter incorporates the requirements for graywater systems and recycled water systems. The remainder of the plumbing code has changes that typically refer to a standard for a particular item. 2010 California Mechanical Code The 2010 California Energy Code changes include references to updated standards and re -written sections to clarify code requirements. 2010 California Energy Code The changes to the California Mechanical Code result from requirements in the legislation to increase energy conservation. Lighting requirements to improve efficiency have been added and include outdoor lighting. Whole house mechanical ventilation has been added to provide a healthier environment in the tightly sealed houses. 2010 California Green Building Code This is a new code added to the California Building Standards Code. It includes requirements for recycling construction materials, water conservation, building management, and facilities for low emission vehicles_ 2009 Uniform Swimming Pool, Spa and Hot Tub Code The California Building Code includes a section on Uniform Swimming Pool, Spa and Hot Tub. We are adopting the 2009 Uniform Swimming Pool, Spa and Hot Tub Code to bring our Code up-to-date. The major change is that the California Building Code requires any remodel of a pool to add an antientrapment cover meeting current standards whereas we are requiring that with any permit requested from the Building Division for any type of work where a pool exists, will require such a device. ORDINANCE NO. 2010 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2010 CALIFORNIA ENERGY CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 6, AND AMENDING CHAPTER 15.75 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE CALIFORNIA ENERGY CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2010 California Energy Code, California Code of Regulations, Title 24, Part 6, establishing regulations for the installation, maintenance and alteration of energy systems within the city. CHAPTER 15.75 CALIFORNIA ENERGY CODE 15.75.010 California Energy Code —Adopted. The City Council adopts and incorporates herein, for the purpose of prescribing regulations for the conservation of energy, the 2010 California Energy Code, California Code of Regulations Title 24, Part 6. Except as otherwise provided by this Chapter, all construction of buildings where energy will be utilized shall be in conformance with the 2010 California Energy Code. PASSED and ADOPTED this day of , 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 9, 2010 AGENDA ITEM NO. 14 EM TITLE: An Ordinance of the City Council of the City of National City, adopting the 2010 California Mechanical Code, California Code of Regulations, Title 24, Part 4 and adopting Appendix Chapters 1, A, B, C and D of said Code, and the 2009 Uniform Mechanical Code, and amending Chapter 15.14 of the National City Municipal Code, pertaining to the Califomia Mechanical Code. PREPARED BY: L PHONE: 421 EXPLANATI See attached ilding Official DEPARTMENT: Developme Divisi APPROVED B uilding • FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: x FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: That the City Council introduce the Ordinance. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: )Ianation VI dinance Explanation The California Health and Safety Code section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geologic or topographic conditions. This year the California Budding Standards Commission published the 2010 California Building Standards Code which is based on the 2009 International Building Code, 2009 International Residential Code, 2009 Uniform Plumbing Code, 2009 Uniform Mechanical Code, 2008 National Electrical Code, 2010 California Energy Code and the 2010 California Green Building Code. This year since there was a small change in the application provision of the California Building Standards Code, making it applicable to all occupancies in the state, there is no need to adopt the underlying model code. 2010 California Building Code Since this is the fourth edition of the California Building Code that is based on the International Building Code, the changes to this edition are more detailed in nature to help clarify the code. The sections on fire resistive construction have been rewritten to make the provisions more understandable and provide for some additional exceptions for fire sprinklers. 2010 California Residential Code This is a new part to the California Building Standards Code and provides prescriptive requirements for one- and two-family dwellings and townhouses three stories or Tess above grade. Only the structural and fire and life safety provision of the International Residential Code are incorporated into this code, the plumbing, electrical and mechanical provisions were excluded since they are covered in other parts of the California Budding Standards Code. When the proposed construction is other than the prescriptive requirements of the Residential Code for conventional construction, an engineered design shall be provide, prepared by a registered engineer or architect showing that the design will comply with the requirements of the building code. 2010 California Electrical Code Changes to the California Electrical Code include new materials and devices to keep current with changes in the industry. Solar photovoltaic installations are increasing in size and installation requirements have been clarified. Arch -fault protection has been expanded to include more circuits in residential construction along with ground -fault circuit interrupters. 2010 California Plumbing Code A new chapter on non -potable water reuse systems has been added to the California Plumbing Code. This chapter incorporates the requirements for graywater systems and recycled water systems. The remainder of the plumbing code has changes that typically refer to a standard for a particular item. 2010 California Mechanical Code The 2010 California Energy Code changes include references to updated standards and re -written sections to clarify code requirements. 2010 California Energy Code The changes to the California Mechanical Code result from requirements in the legislation to increase energy conservation. Lighting requirements to improve efficiency have been added and include outdoor lighting. Whole house mechanical ventilation has been added to provide a healthier environment in the tightly sealed houses. 2010 California Green Building Code This is a new code added to the California Building Standards Code. It includes requirements for recycling construction materials, water conservation, building management, and facilities for low emission vehicles. 2009 Uniform Swimming Pool, Spa and Hot Tub Code The California Building Code includes a section on Uniform Swimming Pool, Spa and Hot Tub. We are adopting the 2009 Uniform Swimming Pool, Spa and Hot Tub Code to bring our Code up-to-date. The major change is that the California Building Code requires any remodel of a pool to add an antientrapment cover meeting current standards whereas we are requiring that with any permit requested from the Building Division for any type of work where a pool exists, will require such a device. ORDINANCE NO. 2010 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2010 CALIFORNIA MECHANICAL CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 4, AND ADOPTING APPENDIX CHAPTERS 1, A, B, C AND D OF SAID CODE; AND THE 2009 UNIFORM MECHANICAL CODE, AND AMENDING CHAPTER 15.14 OF THE NATIONAL CITY MUNICIPAL CODE, PERTAINING TO THE CALIFORNIA MECHANICAL CODE The City Council of the City of National City does ordain as follows: Section 1 The City Council of the City of National City hereby adopts the 2010 California Mechanical Code, California Code of Regulations, Title 24, Part 4, and Appendix Chapters, 1, A, B, C and D of said Code; and the 2009 Uniform Mechanical Code. Section 2 The City Council of the City of National City hereby amends and deletes certain sections of the 2010 California Mechanical Code, based on local climatic, topographic or geological conditions that justify deviating from said Code, and amends Chapter 15.14 of the, National City Municipal Code to read as follows: CHAPTER 15.14 CALIFORNIA MECHANICAL CODE Sections: 15.14.005 2010 California Mechanical Code —Adopted. 15.14.015 Chapter 1, Division II, Administration —Adopted and amended. 15.14.020 Chapter 1, Division II, Section 108.3 Right of entry —Amended. 15.14.025 Chapter 1, Division II, Section 110.0 Board of Appeals —Amended. 15.14.030 Chapter 1, Division II, Section 114.0 Violations —Amended. 15.14.033 Penalties —Added. 15.14.035 Chapter 1, Division II, Section 114.4—Expiration—Amended. 15.14.040 Chapter 1, Division II, Section 114.6 Permit denial —Added. 15.14.045 Chapter 1, Division II, Section 115.1 Fees general —Amended. 15.14.050 Chapter 1, Division II, Section 115.2 Permit fees —Amended. 15.14.055 Chapter 1, Division II, Section 115.3 Plan review fees, Paragraph 3— Amended. 15.14.060 Chapter 1, Division II, Section 115.4 Expiration of plan review —Amended. 15.14.065 Chapter 1, Division II, Section 116.6 Reinspection—Amended. 15.14.070 Chapter 1, Division II, Table 1-1 Mechanical permit fees —Deleted. 15.14.075 Appendix Chapter A, B, C and D—Adopted. 15.14.005 2010 California Mechanical Code —Adopted. The city council adopts and incorporates herein as the National City Mechanical Mode, for the purpose of prescribing in the City of National City, regulations governing the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration system, incineration or other miscellaneous heat producing appliance, in or on any building or structure or outdoors on any premises or property, the 2010 California Mechanical Code, California code of Regulations Title 24, Part 4, except such portions as are deleted, added, or amended by this Chapter based on local climatic, topographic or geological conditions that justify deviating from said Code, of which a copy of both have been and are now on file in the office of the Building Official and the same are adopted and incorporated as if fully set out at length in this Chapter, shall be controlling within the city limits. 15.14.015 Chapter 1, Division II, Administration —Adopted and amended. Appendix Chapter 1, Division II, "Administration" is adopted subject to the additions, amendments and deletions provided in this Chapter. 15.14.020 Chapter 1, Division Il, Section 108.3 Right of entry —Amended. Section 108.3 of the California Mechanical Code is amended to read as follows: 108.3 Right of entry. When necessary to make inspections to enforce any provision of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction and/or their representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.14.025 Chapter 1, Division II, Section 110.0 Board of Appeals —Amended. Section 110.0 of the California Mechanical Code is amended to read as follows: 110.0 Board of Appeals. The City Council, pursuant to National City Municipal Code Chapter 15.04, shall have the jurisdiction to review the items as enumerated in Chapter 15.14 of the National City Municipal Code. 15.14.030 Chapter 1, Division II, Section 111.0 Violations —Amended. Section 111.0 of the California Mechanical Code is amended to read as follows: 111.0 Violations. Violations of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.14.033 Penalties. Violation of any provision of this code shall be punishable as a misdemeanor, and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.14.035 Chapter 1, Division II, Section 114.4 Expiration —Amended. Section 114.4 of the California Mechanical Code is amended to read as follows: 114.4 Expiration. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not Ordinance No. 2010 — 2 Mechanical Code commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after work has commenced for a period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to be suspended or abandoned if the permittee has not obtained a required inspection approval of work by the Authority Having Jurisdiction within each six month period upon commencement of work authorized by such permit. In the event a permit has expired, a permittee may recommence work only if either a new permit or renewal permit is obtained, as specified below: 1. Permits where work was not commenced. For permits for which work was not. been commenced in the first six calendar months from the date of issuance, a renewal permit may be issued only if: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) The same edition of the adopted codes is in effect as used in the initial plan check; and, (D) A fee equal to one-half the amount required for a new permit is paid. The renewal permit shall expire three calendar years from the date of the initial permit issuance. When later editions of the codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect. a full new plan check is required and a full new plan check fee shall be paid. Upon completion of the new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permit where work was commenced. For permits where work was commenced and was subsequently stopped as defined herein, a renewal permit may be obtained only if: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original permit issuance date; (C) A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed to the point of requiring only a final inspection. a fee equal to one -quarter of the amount required for new permit shall be paid; (D) A renewal permit shall expire three calendar years from the date of the initial permit issuance. The maximum life of a permit renewal in accordance with this sub- section shall be one calendar year from the date of renewal. The permit may be renewed each calendar year thereafter provided that all requirements of (A) (B) and (C) as stated in this sub -section are met. 3. Extension of an unexpired permit. For an extension of a permit which has not yet expired, the permittee may apply for an extension of time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue: work within the time required by this chapter. The Authority Having Jurisdiction may extend the time Ordinance No. 2010 — 3 Mechanical Code for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action being taken. Permits issued where the permittee has been deployed to a foreign country, may be held in' abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 4. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date. a permit renewal may be obtained, provided that: (A) Construction in reliance upon the building permit has been commenced and has been approved; (B) No changes have been made or will be made in the original plans and specifications for such work; and. (C) A fee equal to the full amount required for a new permit is paid, except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. A permit renewed pursuant to this subsection shall not exceed one calendar year from the date of renewal. A permit may be renewed annually provided that all requirements of (A), (B), and (C) above are met. 5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 15.14.040 Chapter 1, Division II, Section 114.6 Permit denial —Added. Section 114.6 of the California Mechanical Code is added to read as follows: 114.6 Permit denial. The Authority having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in Chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.14.045 Chapter 1, Division II, Section 115.1 Fees general —Amended. Section 115.1 of the California Mechanical Code is amended as follows: 115.1 General. Fees shall be assessed in accordance with the most recent fee schedule adopted by the National City City Council. 15.14.050 Chapter 1, Division II, Section 115.2 Permitfees—Amended. Section 115.2 of the California Mechanical Code is amended as follows: 115.2 Permit Fees. Fees shall be assessed in accordance with the most recent fee schedule adopted by the National City City Council. Ordinance No. 2010 — 4 Mechanical Code 15.14.055 Chapter 1, Division II, Section 115.3 Plan review fees, Paragraph 3— Amended. Section 115.3, paragraph 3 of the California Mechanical Code is amended as follows: When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in the current City of National City fee schedule. 15.14.060 Chapter 1, Division II, Section 115.4 Expiration of plan review —Amended. Section 115.4 of the California Mechanical Code is amended to read as follows: 115.4 Expiration of Plan Review. An application for a permit shall be deemed to have been abandoned six months after the date of filing, unless such application has been pursued in good faith or the permit has been issued; except that the Authority having Jurisdiction is authorized to grant a maximum of three extensions for additional time of three months each, provided there have been no changes to the plans and no new codes have been adopted since the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be assessed for each plan check extension. The extension shall be requested in writing and justifiable cause demonstrated. 15.14.065 Chapter 1, Division II, Section 116.6 Reinspections—Amended. Section 116.6 of the California Mechanical Code is amended to read as follows: 116.6 Paragraph 3. Re -inspections. To obtain a re -inspection, the permittee shall pay the re -inspection fee as specified in the most current Fee Schedule adopted by the National City City Council. In instances where a re - inspection fee has been assessed, no further inspections shall be performed until the fees have been paid. 15.14.070 Chapter 1, Division II, Table 1-1 Mechanical permit fees —Deleted. Table 1-1, Mechanical Permit Fees is deleted. 15.14.075 Appendix Chapters A, B, C and D—Adopted. Appendix Chapters A, B, C and D of the California Mechanical Code are adopted. PASSED and ADOPTED this day of , 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia G. Silva City Attorney Ordinance No. 2010 — 5 Mechanical Code CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 9, 2010 AGENDA ITEM NO. 15 EM TITLE: An Ordinance of the City Council of the City of National City, adopting the 2010 California Plumbing Code, Table 2902.1 of the 2010 Califomia Building Code and Chapter 1, Division II of the 2010 California Plumbing Code, California Code of Regulations, Title 24, Part 5, and the Uniform Plumbing Code, and amending, adding, and deleting certain sections of these Codes, and amending Chapter 15.20 of the National City Municipal Code, pertaining to the California Plumbing Code. PREPARED BY: Lu. PHONE: 4214 EXPLANATION: See attached ilding Official DEPARTMENT: Develo men 'ces-Building APPROVED BY. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: x FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: That the City Council introduce the Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: planation v�dinance Explanation The California Health and Safety Code section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geologic or topographic conditions. This year the California Building Standards Commission published the 2010 California Building Standards Code which is based on the 2009 International Building Code, 2009 International Residential Code, 2009 Uniform Plumbing Code, 2009 Uniform Mechanical Code, 2008 National Electrical Code, 2010 California Energy Code and the 2010 California Green Building Code. This year since there was a small change in the application provision of the California Building Standards Code, making it applicable to all occupancies in the state, there is no need to adopt the underlying model code. 2010 California Building Code Since this is the fourth edition of the California Building Code that is based on the International Building Code, the changes to this edition are more detailed in nature to help clarify the code. The sections on fire resistive construction have been rewritten to make the provisions more understandable and provide for some additional exceptions for fire sprinklers. 2010 California Residential Code This is a new part to the California Building Standards Code and provides prescriptive requirements for one- and two-family dwellings and townhouses three stories or less above grade. Only the structural and fire and life safety provision of the International Residential Code are incorporated into this code, the plumbing, electrical and mechanical provisions were excluded since they are covered in other parts of the California Building Standards Code. When the proposed construction is other than the prescriptive requirements of the Residential Code for conventional construction, an engineered design shall be provide, prepared by a registered engineer or architect showing that the design will comply with the requirements of the building code. 2010 California Electrical Code Changes to the California Electrical Code include new materials and devices to keep current with changes in the industry. Solar photovoltaic installations are increasing in size and installation requirements have been clarified. Arch -fault protection has been expanded to include more circuits in residential construction along with ground -fault circuit interrupters. 2010 California Plumbing Code A new chapter on non -potable water reuse systems has been added to the California Plumbing Code. This chapter incorporates the requirements for graywater systems and recycled water systems. The remainder of the plumbing code has changes that typically refer to a standard for a particular item. 2010 California Mechanical Code The 2010 California Energy Code changes include references to updated standards and re -written sections to clarify code requirements. 2010 California Energy Code The changes to the California Mechanical Code result from requirements in the legislation to increase energy conservation. Lighting requirements to improve efficiency have been added and include outdoor lighting. Whole house mechanical ventilation has been added to provide a healthier environment in the tightly sealed houses. 2010 California Green Building Code This is a new code added to the California Building Standards Code. It includes requirements for recycling construction materials, water conservation, building management, and facilities for low emission vehicles. 2009 Uniform Swimming Pool, Spa and Hot Tub Code The California Building Code includes a section on Uniform Swimming Pool, Spa and Hot Tub. We are adopting the 2009 Uniform Swimming Pool, Spa and Hot Tub Code to bring our Code up-to-date. The major change is that the California Building Code requires any remodel of a pool to add an antientrapment cover meeting current standards whereas we are requiring that with any permit requested from the Building Division for any type of work where a pool exists, will require such a device. ORDINANCE NO. 2010 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING OF THE 2010 CALIFORNIA PLUMBING CODE, TABLE 2902.1 THE 2010 CALIFORNIA BUILDING CODE, AND CHAPTER 1, DIVISION II OF THE 2010 CALIFORNIA PLUMBING CODE, CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 5, AMENDING, ADDING, AND DELETING CERTAIN SECTIONS OF THESE CODES, AND AMENDING CHAPTER 15.20 OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2010 California Plumbing Code, Chapter 1, Division I1 of said Code, and the Uniform Plumbing Code (2009 Edition), and Table 2902.1 of the 2010 California Building Code, establishing regulations for the installation, maintenance and alteration of plumbing systems within the city. Section 2. The City Council of the City of National City hereby amends, adds, and deletes certain sections of the Codes stated herein based on local climatic, topographic or geological conditions that justify deviating from said Code, and amends Chapter 15.20 of the National City Municipal Code to read as follows: Sections: 15.20.005 15.20.015 15.20.020 15.20.025 15.20.027 15.20.030 15.20.032 15.20.033 15.20.035 15.20.040 15.20.042 15.20.045 15.20.050 15.20.055 15.20.060 15.20.065 15.20.070 CHAPTER 15.20 CALIFORNIA PLUMBING CODE 2010 California Plumbing Code —Adopted. Chapter 1, Division II —Adopted and amended. Chapter 1, Division II, Section 102.2.2 Right of entry —Amended. Chapter 1, Division II, Section 102.3.2 Penalties —Amended. Work commencing before permit issuance —Added. Chapter 1, Division II, Section 103.3.4 Expiration —Amended. Expiration of Plans —Added. Applications and extensions —Added. Chapter 1, Division 11, Section 103.3.6 Permit denial —Added. Chapter 1, Division I1, Section 103.4.1 Permit fees —Amended. Placement of Permit —Added. Chapter 1, Division II, Section 103.4.2 Plan review fees —Amended. Chapter 1, Division II, Section 103.5.6 Reinspections—Amended. Chapter 1, Division II, Section 103.9 Advisory and Appeals Board —Added. Chapter 1, Division II, Table 1-1 Plumbing permit fees —Deleted. Table No. 4.1 Minimum plumbing facilities —Deleted. Table 2902.1 Minimum number of required plumbing fixtures of the 2010 California Building Code —Adopted. 15.20.005 2010 California Plumbing Code —Adopted. The city council adopts, and incorporates herein as the city plumbing code, except as amended, deleted, or added by this chapter, for the purpose of prescribing in the City of National City, regulations governing the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any plumbing, gas, or drainage piping and systems or water heating or treating equipment. in or on any building or structure or outdoors on any premises or property, the 2010 California Plumbing Code, California Code of Regulations Title 24, Part 5, and Table 2902.1 of the 2010 California Building Code, of which a copy of all codes have been and are now filed in the office of the Building Official and the same are adopted and incorporated as if fully set forth in this chapter, and the provisions shall be controlling within the city limits. 15.20.015 Chapter 1, Division II —Adopted and Amended. Appendix Chapter 1 Division II of the 2010 California Plumbing Code is amended to read as follows: Chapter 1, Division II, ADMINISTRATION is adopted subject to the additions, amendments, and deletions contained in this Chapter. 15.20.020 Chapter 1, Division Il, Section 102.2.2 Right of entry —Amended. Section 102.2.2 of the 2010 California Plumbing Code is amended to read as follows: 102.2.2 Right of Entry. When necessary to make an inspection to enforce any of the provision of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction and/or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.20.025 Chapter 1, Division II, Section 102.3.2 Penalties —Amended. Section 102.3.2 of the 2010 California Plumbing Code is amended to read as follows: 102.3.2 Penalties. Violation of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.020.027 Work commencing before permit issuance —Added. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee. When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. 15.20.030 Chapter 1, Division II, Section 103.3.4 Expiration —Amended. Section 103.3.4 of the 2010 California Plumbing Code is amended to read as follows: 103.3.4. Expiration. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the Ordinance No. 2010 — 2 Plumbing Code building or work authorized by such permit is stopped at any time after the work is commenced for a period of 6 calendar months, or if the building or work authorized by such permit exceeds three (3) calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Authority Having Jurisdiction within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Authority Having Jurisdiction within each 6 month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. The same edition of the California codes is in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid; E. The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one quarter the amount required for a new permit shall be paid; D. A renewal permit shall expire three (3) calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: A. Construction in reliance upon the building permit has commenced and has been approved; Ordinance No. 2010 — 3 Plumbing Code B. No changes have been made or will be made in the original plans and specifications for such work; C. A fee equal to the full amount required for a new permit is paid except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with this subsection shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of (A), (B), and (C) as stated in this subsection are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this section. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding 6 calendar months upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. 5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 15.020.032 Expiration of plan review —Added. An application for a permit shall be deemed to have been abandoned six months after the date of filing, unless such application has been pursued in good faith or the permit has been issued; except that the Authority having Jurisdiction is authorized to grant a maximum of three extensions for additional time of three months each, provided there have been no changes to the plans and no new codes have been adopted since the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be assessed for each plan check extension. The extension shall be requested in writing and justifiable cause demonstrated. 15.20.033 Applications and extensions —Added. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Authority Having Jurisdiction is authorized to grant a maximum of three extensions for an additional time of three months each provided there have been no changes to the plans and that no new codes have been adopted since the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be assessed for the second and subsequent plan check extensions. The extension shall be requested in writing and justifiable cause demonstrated. 15.20.035 Chapter 1, Division II, Section 103.3.6 Permit denial —Amended. Section 103.3.6 of the 2010 California Plumbing Code is amended to read as follows: 103.3.6 Permit denial. The Authority Having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in the Chapters 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. Ordinance No. 2010 — 4 Plumbing Code 15.20.040 Chapter 1, Division II, Section 103.4.1 Permit fees —Amended. Section 103.4.4 Permit Fees. Fees shall be assessed in accordance with the most recent fee schedule adopted by the National City City Council . 15.20.042 Placement of Permit -Added. The building permit or a copy, the inspection record, and the approved plans shall all be kept on site until the completion of the project. The inspection record is to be kept on the job unless removed by the building official. 15.20.045 Chanter 1, Division II, Section 103.4.2 Plan review fees —Amended. Section 103.4.2 of the 2010 California Plumbing Code is amended to read as follows: 103.4.2 Plan Review Fees. When a plan or other data are required to be submitted by 103.2.2, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for plumbing work shall be as set forth in the fee schedule adopted by the City Council. When plans are incomplete or changed so as to require an additional plan review fee, the fee shall be as per the fee schedule. 15.20.050 Chapter 1, Division II, Section 103.5.6 Reinspections—Amended. The fourth paragraph of Section 103.5.6 of the 2010 California Plumbing Code is amended to read as follows: Section 103.5.6 Re -inspections. A re -inspection fee may be assessed for each inspection or re -inspection when any of the following occurs: 1. The portion of work for which the inspection was called is not complete; the corrections previously required and called for are not made; 2. Calling for an inspection before the job is ready for such inspection or re -inspection; 3. The inspection record card or the approved plans are not posted or otherwise available to the inspector; 4. Failure to provide access on the date for which the inspection is requested; or, 5. Deviating from the approved plans when such deviation or change required approval of the building official. To obtain a re -inspection, the permittee shall pay the re -inspection fee as specified in the most current Fee Schedule adopted by the National City City Council . In instances where a re -inspection fee has been assessed, no further inspections shall be performed until the fees have been paid. 15.20.055 Chapter 1, Division II, Section 103.9 Advisory and Appeals Board —Added. Section 103.9 of the 2010 California Plumbing Code is added to read as follows: 103.9 Advisory and Appeals Board. The City Council, pursuant to National City Municipal Code Chapter 15.04, shall have jurisdiction to review the items as enumerated in Chapter 15.20 of the National City Municipal Code. 15.20.060 Chapter 1, Division II, Table 1-1 Plumbing permits fees —Deleted. Table 1- 1 of Chapter 1, Division II, entitled "Plumbing Permit Fees", is deleted. 15.20.065 Table 4.1 Minimum plumbing facilities —Deleted. Table 4-1 of Chapter 4, entitled "Minimum Plumbing Facilities", is deleted. Ordinance No. 2010 — 5 Plumbing Code 15.20.070 Table 2902.1 Minimum number of required plumbing fixtures of the 2010 California Building Code —Adopted. Table 2902.1 of the 2010 California Building Code is hereby adopted. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number shown in Table 2902.1. Types of occupancies not shown in Table 2902.1 shall be considered individually by the Authority Having Jurisdiction. The number of occupants shall be determined by this code. Occupancy classification shall be determined in accordance with Chapter 3 of the 2010 California Building Code. PASSED and ADOPTED this day of , 2010. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor Ordinance No. 2010 — 6 Plumbing Code CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 9, 2010 AGENDA ITEM NO. 16 EM TITLE: An Ordinance of the City Council of the City of National City, adopting the 2010 California Electrical Code, California Code of Regulations, Title 24 Part 3, Annex H of said Code, and the 2009 National Electrical Code, as amended establishing requirements, rules and standards for electrical installations and materials within the City and amending Chapter 15.24 of the National City Municipal Code, pertaining to the California Electrical Code. PREPARED BY: L PHONE: 42 EXPLANATI • N: See attached uilding Official DEPARTMENT: Development Divisi APPROVED BY. mg • FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: X FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: That the City Council introduce the Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: >Ianation ordinance Explanation The California Health and Safety Code section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geologic or topographic conditions. This year the California Building Standards Commission published the 2010 California Building Standards Code which is based on the 2009 International Building Code, 2009 International Residential Code, 2009 Uniform Plumbing Code, 2009 Uniform Mechanical Code, 2008 National Electrical Code, 2010 California Energy Code and the 2010 California Green Building Code. This year since there was a small change in the application provision of the California Building Standards Code, making it applicable to all occupancies in the state, there is no need to adopt the underlying model code. 2010 California Building Code Since this is the fourth edition of the California Building Code that is based on the International Building Code, the changes to this edition are more detailed in nature to help clarify the code. The sections on fire resistive construction have been rewritten to make the provisions more understandable and provide for some additional exceptions for fire sprinklers. 2010 California Residential Code This is a new part to the California Building Standards Code and provides prescriptive requirements for one- and two-family dwellings and townhouses three stories or less above grade. Only the structural and fire and life safety provision of the International Residential Code are incorporated into this code, the plumbing, electrical and mechanical provisions were excluded since they are covered in other parts of the California Building Standards Code. When the proposed construction is other than the prescriptive requirements of the Residential Code for conventional construction, an engineered design shall be provide, prepared by a registered engineer or architect showing that the design will comply with the requirements of the building code. 2010 California Electrical Code Changes to the California Electrical Code include new materials and devices to keep current with changes in the industry. Solar photovoltaic installations are increasing in size and installation requirements have been clarified. Arch -fault protection has been expanded to include more circuits in residential construction along with ground -fault circuit interrupters. 2010 California Plumbing Code A new chapter on non -potable water reuse systems has been added to the California Plumbing Code. This chapter incorporates the requirements for graywater systems and recycled water systems. The remainder of the plumbing code has changes that typically refer to a standard for a particular item. 2010 California Mechanical Code The 2010 California Energy Code changes include references to updated standards and re -written sections to clarify code requirements. 2010 California Energy Code The changes to the California Mechanical Code result from requirements in the legislation to increase energy conservation. Lighting requirements to improve efficiency have been added and include outdoor lighting. Whole house mechanical ventilation has been added to provide a healthier environment in the tightly sealed houses. 2010 California Green Building Code This is a new code added to the California Building Standards Code. It includes requirements for recycling construction materials, water conservation, building management, and facilities for low emission vehicles. 2009 Uniform Swimming Pool, Spa and Hot Tub Code The California Building Code includes a section on Uniform Swimming Pool, Spa and Hot Tub. We are adopting the 2009 Uniform Swimming Pool, Spa and Hot Tub Code to bring our Code up-to-date. The major change is that the California Building Code requires any remodel of a pool to add an antientrapment cover meeting current standards whereas we are requiring that with any permit requested from the Building Division for any type of work where a pool exists, will require such a device. ORDINANCE NO. 2010 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2010 CALIFORNIA ELECTRICAL CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 3, ANNEX H OF SAID CODE, AND THE 2009 NATIONAL ELECTRICAL CODE, AS AMENDED ESTABLISHING REQUIREMENTS, RULES AND STANDARDS FOR ELECTRICAL INSTALLATIONS AND MATERIALS WITHIN THE CITY, AND AMENDING CHAPTER 15.24 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE CALIFORNIA ELECTRICAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2010 California Electrical Code, Title 24, Part 3, Annex H of said Code and the 2009 National Electrical Code. Section 2. The City Council of the City of National City hereby amends, deletes and adds sections to the 2010 California Electrical Code, Annex H of said Code, and the 2009 National Electrical Code, based on local climatic, topographic or geological conditions that justify deviating from said Code, thereby amending Chapter 15.24 of the National City Municipal Code, to read as follows: Sections: 15.24.005 15.24.010 15.24.015 15.24.020 15.24.025 15.24.030 15.24.035 15.24.040 15.24.045 15.24.050 15.24.055 15.24.060 15.24.065 15.24.070 15.24,075 CHAPTER 15.24 CALIFORNIA ELECTRICAL CODE 2010 California Electrical Code, Annex H of the 2010 California Electrical Code and 2009 National Electrical Code —Adopted and amended. Annex H. Administration and enforcement —Adopted and amended. Annex H. Section 80.13(7) Right of entry —Amended. Annex H. Section 80.13(17) Electric fences prohibited —Added. Annex H. Section 80.15 Appeals Board —Amended. Annex H, Section 80.19(D) Annual permits —Deleted. Annex H, Section 80.19(E) Fees —Amended. Annex H, Section 80.19(F) Inspection and approvals —Amended. Annex H, Section 80.19(H) Applications and extensions —Amended. Annex H, Section 80.19(1) Permit denial —Added. Annex H, Section 80.23 Notice of violations, penalties —Adopted and amended. Annex H, Section 80.25 Connection to electricity Supply— Deleted. Annex H, Section 80.27 Inspectors qualifications —Deleted. Annex H, Section 80.29 Liability for damages —Deleted. Annex H Section 80.36 Expiration —Added. 15.24.005 2010 California Electrical Code, Annex H of the 2010 California Electrical Code and the 2009 National Electrical Code —Adopted and amended. The city council adopts and incorporates herein the 2010 California Electrical Code, California Code of Regulations, Title 24, Part 3, including all Annexes, and the 2009 National Electrical Code, for the purpose of prescribing in the City of National City, regulations governing the inspection of installations, investigation of fires caused by electrical installations, the review of construction plans, drawings, and specifications for electrical systems, the design, alteration, modification, construction, maintenance, and testing of electrical systems and equipment, the regulation and control of electrical installations at special events including but not limited to exhibits trade shows, amusement parks, and other similar special occupancies, in or on any building or structure, or outdoors on any premises or property. The City Council hereby amends, deletes, or adds certain section of the 2010 Electrical Code, Annex H of the 2010 Electrical Code, and the 2009 National Electrical Code, based on local climatic, topographic or geological conditions that justify deviating from said Code. Copies of these codes have been and are now filed in the office of the Building Official, and the same are adopted and incorporated as if fully set out at length in this Chapter, and shall be controlling within the city limits. 15.24.010 Annex H. Administration and enforcement —Adopted and amended. ANNEX H to the 2010 California Electrical Code entitled "Administration and Enforcement", is adopted subject to the following additions, amendments and deletions contained in this Chapter. 15.24.015 Annex H. Section 80.13 (7) Right of entry —Amended. Section 80.13 (7) of Annex H to the 2010 California Electrical Code is amended to read as follows: 80.13 (7) Right of entry. When necessary to make inspections to enforce any provision of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction and/or their representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.24.020 Annex H. Section 80.13(17)—Added. Section 80.13 (17) of Annex H to the 2010 California Electrical Code is added as follows: 80.13 (17). Electric Fences Prohibited. No electric fence shall be constructed maintained or operated within the City of National City. Electric fences as used herein, include all fences which in any way use electrical energy as an additional deterrent or have wires charge with electricity which are not covered with adequate insulation to protect persons and animals coming in contact therewith. 15.24.025 Annex H. Section 80.15 Appeals Board —Amended. Section 80.15 of Annex H of the 2010 California Electrical Code is amended to read as follows: 80.15 Advisory and Appeals Board. The City Council, pursuant to Chapter 15.04, shall have the jurisdiction to review the items as enumerated in Chapter 15.24 of the National City Municipal Code. 15.24.030 Annex H. Section 80.19(D) Annual permits —Deleted. Section 80.18(D) of Annex H of the 2010 California Electrical Code is deleted. Ordinance 2010 — 2 Electrical Code 15.24.035 Annex H. Section 80.19(E) Fees —Amended. Section 80.19(E) of Annex H of the 2010 California Electrical Code is amended to read as follows: Fees shall be assessed in accordance with the most recent fee schedule adopted by the National City City Council. 15.24.040 Annex H. Section 80.19(F) Inspection and approvals —Amended. Section 80.19(F) of Annex H of the 2010 California Electrical Code is amended to read as follows: (1) All electrical systems and equipment for which a permit is required by this code shall be subject to inspection by the Authority Having Jurisdiction, and the electrical system shall remain accessible and exposed for inspection purposes until approved by the Authority Having Jurisdiction. It shall be the duty of the permit applicant to cause the electrical system to remain accessible and exposed for inspection purposes. Neither the Authority Having Jurisdiction, nor the City of National City shall be liable for the expense entailed in the removal or replacement of any material required to permit inspection. When the installation of an electrical system and equipment is complete, an additional and final inspection shall be made. Electrical system and equipment regulated by this code shall not be connected to the energy source until authorized by the Authority Having Jurisdiction. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel provisions of this code of other ordinances of the jurisdiction shall not be valid. (2) Inspection requests. It shall be of the duty of the person doing the work authorized by the permit to notify the Authority Having Jurisdiction that such work is ready for inspection. The Authority Having Jurisdiction may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the Authority Having Jurisdiction. It shall be the duty of the person requesting inspections required by this code to provide access to and means for inspection of such work. (3) Operation of Electrical Equipment. The requirements of this section shall not be construed to prohibit the operation of any electrical system or equipment installed to replace existing equipment. The request for inspection of such equipment must have been with the Authority Having Jurisdiction not more than 48 hours after such replacement work is completed and before any portion of such electrical system is concealed by any permanent portion of the building. (4) Other Inspections. In addition to the called inspections required by this code the Authority Having Jurisdiction may make or require other inspections of work to ascertain compliance with the provision of this code and other laws which are enforced by the code enforcement agency. (5) Re -inspections. A re -inspection fee may be assessed for each inspection or re -inspection when any of the following occurs: (A) The portion of the work for which the inspection was called is not complete; (B) The corrections previously required and for are not made; (C) Calling for an inspection before the job is ready for such inspection or re -inspection; Ordinance 2010 — 3 Electrical Code (D) The inspection record card or the approved plans are not posted or otherwise available to the inspector; or (E) Deviating from the approved plans when such deviation or change required approval of the Authority having jurisdiction. This provision is not to be interpreted as requiring re -inspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re -inspection. Re -inspection fees may be assessed when the approved plans are not readily available to the inspector for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Authority Having Jurisdiction. In the instances where re -inspection fees have been assessed no additional inspection of the work will be performed until the required fees have been paid. 15.24.045 Annex H. Section 80.19(H) Applications and extensions -Amended. Section 80.19(H) of Annex H of the 2010 California Electrical Code is amended to read as follows: 80.19(H) Application and Extensions. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Authority Having Jurisdiction is authorized to grant a maximum of three extensions for an additional time of three months each provided there have been no changes to the plans and that no new codes have been adopted since the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be assessed for the second and subsequent plan check extensions. The extension shall be requested in writing and justifiable cause demonstrated. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of 6 calendar months, or if the building or work authorized by such permit exceeds three (3) calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Authority Having Jurisdiction within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Authority Having Jurisdiction within each 6 month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; Ordinance 2010 - 4 Electrical Code B. The expiration has not exceeded three years from the original issuance date; C. The same edition of the California codes is in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid; E. The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one quarter the amount required for a new permit shall be paid; D. A renewal permit shall expire three (3) calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: A. Construction in reliance upon the building permit has commenced and has been approved; B. No changes have been made or will be made in the original plans and specifications for such work; C. A fee equal to the full amount required for a new permit is paid except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with this subsection shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of (A), (B), and (C) as stated in this subsection are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this section. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding 6 calendar months upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. Ordinance 2010 — 5 Electrical Code 5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 15.24.050 Annex H. Section 80.19(1) Permit denial —Added. Section 80.19(1) of Annex H of the 2010 California Electrical Code is added as follows: 80.19(1) Permit Denial. The Authority Having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or substandard building as provided in chapter 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction or a violation of the National City Municipal Code. 15.24.055 Annex H. Section 80.23 Notice of violation and penalties —Amended. Section 80.23 of the California Electrical Code, 2010 Edition, is amended to read as follows: 80.23 Notice and Violations and Penalties. Notice of violations and penalties shall conform to (A) and (B). (A) Violations. (1) Whenever the Authority Having Jurisdiction determines that there are violations of this Chapter, a written notice shall be issued to confirm such findings. (2) Any order or notice issued pursuant to this Chapter shall be served upon the owner, operator, occupant, or other person responsible for the condition or violation, either by personal service or mail or by delivering the same to and leaving it with, some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such order or notice shall be posted on the premises and the order or notice shall be mailed by registered or certified mail, with return receipt requested, to the last known address of the owner, occupant, or both. (B) Penalties. (1) Any person who fails to comply with the provisions of this Chapter or fails to carry out an order made pursuant to this Chapter or violates any condition attached to a permit, approval, or certificate shall be subject to the penalties established by this jurisdiction. (2) Failure to comply with the time limits of an abatement notice or other corrective notice issued by the Authority Having Jurisdiction shall result in each day that such violation continues being regarded as a new and separate offense. (3) Violations of any provisions of this code may be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.24.060 Annex H. Section 80.25(C) Connection to electricity supply —Deleted. Section 80.25(C) of Annex H of the 2010 California Electrical Code is deleted. 15.24.065 Annex H. Section 80.27 Inspectors qualifications —Deleted. Section 80.27 of Annex H of the 2010 California Electrical Code is deleted. Ordinance 2010 — 6 Electrical Code 15.24.070 Annex H. Section 80.29 Liability for damages —Deleted. Section 80.29 of the California Electrical Code, 2010 Edition, is deleted. 15.24.075 Annex H Section 80.36 Expiration —Added. Section 80.36—Added. Section 80.36 of Annex H to the California Electrical Code is added as follows: Section 80.36 Expiration. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after work has commenced for a period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to be suspended or abandoned if the permittee has not obtained a required inspection approval of work by the Authority Having Jurisdiction within each six month period upon commencement of work authorized by such permit. In the event a permit has expired, a permittee may recommence work only if either a new permit or renewal permit is obtained, as specified below: 1. Permits where work was not commenced. For permits for which work was not been commenced in the first six calendar months from the date of issuance, a renewal permit may be issued only if: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) The same edition of the adopted codes is in effect as used in the initial plan check; and, (D) A fee equal to one-half the amount required for a new permit is paid. The renewal permit shall expire three calendar years from the date of the initial permit issuance. When later editions of the codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect. a full new plan check is required and a full new plan check fee shall be paid. Upon completion of the new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permit where work was commenced. For permits where work was commenced and was subsequently stopped as defined herein, a renewal permit may be obtained only if: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original permit issuance date; (C) A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed to the point of requiring only a final inspection. a fee equal to one -quarter of the amount required for new permit shall be paid; (D) A renewal permit shall expire three calendar years from the date of the initial permit issuance. Ordinance 2010 — 7 Electrical Code The maximum life of a permit renewal in accordance with this sub- section shall be one calendar year from the date of renewal. The permit may be renewed each calendar year thereafter provided that all requirements of (A) (8) and (C) as stated in this sub -section are met. 3. Extension of an unexpired permit. For an extension of a permit which has not yet expired, the permittee may apply for an extension of time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this chapter. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action being taken. Permits issued where the permittee has been deployed to a foreign country, may be held in' abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 4. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date. a permit renewal may be obtained, provided that: (A) Construction in reliance upon the building permit has been commenced and has been approved; (B) No changes have been made or will be made in the original plans and specifications for such work; and. (C) A fee equal to the full amount required for a new permit is paid, except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. A permit renewed pursuant to this subsection shall not exceed one calendar year from the date of renewal. A permit may be renewed annually provided that all requirements of (A), (B), and (C) above are met. Section 15.24.080 Annex G, Supervisory Control and Data Acquisition (SCADA)— Deleted. Annex G of the 2010 California Electrical Code is deleted. PASSED and ADOPTED this day of , 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia G. Silva City Attorney Ordinance 2010 — 8 Electrical Code CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 9, 2010 AGENDA ITEM NO. 17 EM TITLE: An Ordinance of the City Council of the City of National City, adopting the 2010 California Green Building Standards Code, California Code of Regulations, Title 24, Part 11 and amending the National City Municipal Code by adding Chapter 15.78 pertaining to the California Green Building Standards Code. PREPARED BY: Lui PHONE: 4214 EXPLANAT See attached ding Official DEPARTMENT: Development Se ' -Building Divi APPROVED BYE FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: x FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: That the City Council introduce the Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: >lanation _. Jinance Explanation The California Health and Safety Code section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geologic or topographic conditions. This year the California Building Standards Commission published the 2010 California Building Standards Code which is based on the 2009 International Building Code, 2009 International Residential Code, 2009 Uniform Plumbing Code, 2009 Uniform Mechanical Code, 2008 National Electrical Code, 2010 California Energy Code and the 2010 California Green Building Code. This year since there was a small change in the application provision of the California Building Standards Code, making it applicable to all occupancies in the state, there is no need to adopt the underlying model code. 2010 California Building Code Since this is the fourth edition of the California Building Code that is based on the International Building Code, the changes to this edition are more detailed in nature to help clarify the code. The sections on fire resistive construction have been rewritten to make the provisions more understandable and provide for some additional exceptions for fire sprinklers. 2010 California Residential Code This is a new part to the California Building Standards Code and provides prescriptive requirements for one- and two-family dwellings and townhouses three stories or Tess above grade. Only the structural and fire and life safety provision of the International Residential Code are incorporated into this code, the plumbing, electrical and mechanical provisions were excluded since they are covered in other parts of the California Building Standards Code. When the proposed construction is other than the prescriptive requirements of the Residential Code for conventional construction, an engineered design shall be provide, prepared by a registered engineer or architect showing that the design will comply with the requirements of the building code. 2010 California Electrical Code Changes to the California Electrical Code include new materials and devices to keep current with changes in the industry. Solar photovoltaic installations are increasing in size and installation requirements have been clarified. Arch -fault protection has been expanded to include more circuits in residential construction along with ground -fault circuit interrupters_ 2010 California Plumbing Code A new chapter on non -potable water reuse systems has been added to the California Plumbing Code. This chapter incorporates the requirements for graywater systems and recycled water systems. The remainder of the plumbing code has changes that typically refer to a standard for a particular item. 2010 California Mechanical Code The 2010 California Energy Code changes include references to updated standards and re -written sections to clarify code requirements. 2010 California Energy Code The changes to the California Mechanical Code result from requirements in the legislation to increase energy conservation. Lighting requirements to improve efficiency have been added and include outdoor lighting. Whole house mechanical ventilation has been added to provide a healthier environment in the tightly sealed houses. 2010 California Green Building Code This is a new code added to the California Building Standards Code. It includes requirements for recycling construction materials, water conservation, building management, and facilities for low emission vehicles. 2009 Uniform Swimming Pool, Spa and Hot Tub Code The California Building Code includes a section on Uniform Swimming Pool, Spa and Hot Tub. We are adopting the 2009 Uniform Swimming Pool, Spa and Hot Tub Code to bring our Code up-to-date. The major change is that the California Building Code requires any remodel of a pool to add an antientrapment cover meeting current standards whereas we are requiring that with any permit requested from the Building Division for any type of work where a pool exists, will require such a device. ORDINANCE NO. 2010 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2010 CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 11, AND AMENDING THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 15.78 PERTAINING TO THE CALIFORNIA GREEN BUILDING STANDARDS CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2010 California Green Building Standards Code, California Code of Regulations Title 24, Part 11, establishing regulations to enhance building design and construction within the city. CHAPTER 15.78 CALIFORNIA GREEN BUILDING STANDARDS CODE 15.78.010 California Green Building Standards Code —Adopted. The City Council adopts and incorporates herein for the purpose of prescribing regulations for the reduction of negative impacts or increasing positive environmental impacts and encouraging sustainable construction practices, the 2010 California Green Building Standards Code, California Code of Regulations Title 24, Part 11. All construction of buildings shall be in conformance with the 2010 California Green Building Standards Code, except as otherwise provided by this Chapter. PASSED and ADOPTED this day of , 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 9, 2010 AGENDA ITEM NO. 18 EM TITLE: An Ordinance of the City Council of the City of National City Adopting Appendix J of the 2010 California Building Code, California Code of Regulations, Title 24, Part II, Appendix J and Amending Chapter 15.70 (Grading) of the National City Municipal Code. PREPARED BY: PHONE: X4583 EXPLANATION: See attached Barby Tipton DEPARTMENT: Develo Div APPROVED B Engineering F FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: x FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: That the City Council introduce the Ordinance BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: )Ianation .,..finance The California Health and Safety Code section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction is has the force of law 180 days after publication. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geologic or topographic conditions. Appendix J of the 2010 California Building Standards Code pertains to grading and was updated with minor changes; A soils report is now referred to as a geotechnical report and a section was added that states that where conflicts occur between the technical requirements of this chapter and the geotechnical report, the geotechnical report shall govern. The following changes to the Ordinance are proposed: 15.70.005 Adoption of Appendix J of the 2010 California Building Code AMENDED Title. 15.70.015 Appendix J of the 2010 California Building Code, Section J101 General, Subsection 1 Scope —AMENDED title 15.70.020 Appendix J of the 2010 California Building Code, Section J102 Definitions —AMENDED as follows: BUILDING CODE OFFICIAL - Means the City Engineer or Designee. 15.70.030 Appendix J of the 2010 California Building Code, Section J103 Permits Required, Subsection 2.1 Exemptions —AMENDED title 15.70.035 Appendix J of the 2010 California Building Code Exemptions, Section J103.2.2—AMENDED title. 15.70.040 Appendix J of the 2010 California Building Code Exemptions, Section J103.2.5—AMENDED title. 15.70.045 Appendix J of the 2010 California Building Code Exemptions, Section J103.2.6—AMENDED title. 15.70.050 Appendix J of the 2010 California Building Code Exemptions, Section J103.2.8—AMENDED title. 15.70.055 Appendix J of the 2010 California Building Code Exemptions, Section J1032.9—AMENDED title. 15.70.060 Appendix J of the 2010 California Building Code, Section J104.5 Engineered Grading Requirements —AMENDED title. 15.70.065 Appendix J of the 2010 California Building Code, Section J104.6 Regular Grading and Retaining Wall Construction Requirements —AMENDED title. 15.70.070 Appendix J of the 2010 California Building Code, Section J104.7 Licenses and Insurance —AMENDED title. 15.70.075 Appendix J of the 2010 California Building Code, Section J104.8 Conditions —AMENDED title. 15.70.080 Appendix J of the 2010 California Building Code, Section J105.3 Inspections —AMENDED title. 15.70.085 Appendix J of the 2010 California Building Code, Section J106.1(2) Exceptions —DELETED 15.70.090 Appendix J of the 2010 California Building Code, Section J107 Fills, Subsection 1 General —Delete 15.70.095 Appendix J of the 2010 California Building Code, Section J107 Fills, Subsection 2 Surface Preparation —AMENDED title. 15.70.146 Work commencing prior to permit issuance — ADDED ORDINANCE NO. 2010 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING APPENDIX J OF THE 2010 CALIFORNIA BUILDING CODE AND AMENDING CHAPTER 15.70 (GRADING) OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts Appendix J of the 2010 California Building Code. Section 2. The City Council of the City of National City hereby amends Title 15, Chapter 15.70 of the National City Municipal Code to read as follows: Chapter 15.70 GRADING Sections: 15.70.005 Adoption of Appendix J of the 2010 California Building Code —Amended. 15.70.015 Appendix J of the 2010 California Building Code, Section J101 General, Subsection 1 Scope —Amended. 15.70.020 Appendix J of the 2010 California Building Code, Section J102 Definitions —Amended. 15.70.025 Hazards and safety precautions —Amended. 15.70.030 Appendix J of the 2010 Califomia Building Code, Section J103 Permits required, Subsection 2.1 Exemptions —Amended. 15.70.035 Appendix J of the 2010 California Building Code Exemptions, Section J103.2.2 City Engineer —Amended. 15.70.040 Appendix J of the 2010 California Building Code Exemptions, Section J103.2.5—Amended. 15.70.045 Appendix J of the 2010 Califomia Building Code Exemptions, Section J103.2.6—Amended. 15.70.050 Appendix J of the 2010 California Building Code Exemptions, Section J 103.2.8—Amended. 15.70.055 Appendix J of the 2010 California Building Code Exemptions, Section J103.2.9—Amended. 15.70.060 Appendix J of the 2010 California Building Code, Section J104.5 Engineered grading requirements —Amended. 15.70.065 Appendix J of the 2010 California Building Code, Section J104.6 Regular grading and retaining wall construction requirements —Amended. 15.70.070 15.70.075 15.70.080 15.70.085 15.70.090 15.70.095 15.70.100 15.70.105 15.70.110 15.70.115 15.70.120 15.70.125 15.70.130 15.70.135 15.70.140 15.70.145 15.70.146 15.70.150 15.70.155 15.70.160 15.70.165 15.70.170 Appendix J of the 2010 California Building Code, Section J104.7 Licenses and insurance —Amended. Appendix J of the 2010 California Building Code, Section J1O4.8 Conditions —Amended. Appendix J of the 2010 California Building Code, Section J105.3 Inspections —Amended. Appendix J of the 2010 California Building Code, Section J106.1(2) Exceptions— Deleted. Appendix J of the 2010 California Building Code, Section J107 Fills, Subsection 1 General —Deleted. Appendix J of the 2010 California Building Code, Section J107 Fills, Subsection 2 Surface Preparation —Amended. Appendix J of the 2010 California Building Code, Section J107 Fills, Subsection 4--Amended. Appendix J of the 2010 California Building Code, Subsection 1 General --Amended. Appendix J of the 2010 California Building Code, Section Subsection 2 Top of Slope --Amended. Appendix J of the 2010 California Building Code, Section Figure J1O8.1, Drainage Dimensions --Amended. Appendix J of the 2010 California Building Code, Section Subsection 3 Slope Protection --Amended. Appendix J of the California Building Code, Section J1O9 Terracing, Subsection 4 Drainage --Amended. Appendix J of the California Building Code, Section J1O9 Terracing, Subsection 5 Surface Run-off Interception. Appendix J of the California Building Code, Section J1O9 Terracing, Subsection 6 Easements and Encumbrances. Appendix J of the California Building Code, Section J110 Subsection 3 Storm Water Erosion and Sediment Amen Grading fees. Work commencing prior to permit issuance —Added. Completion of work. Rough grading permit. Parking lots. Bonds. Violation a misdemeanor. Section J108 Setbacks, J1O8, Setbacks, J1O8 Setbacks, J108 Setbacks, Drainage and Drainage and Drainage and Erosion Control, ded. Ordinance No. 2010 — 2 Grading Code 15.70.005 Adoption of Appendix J of the 2010 California Building Code —Amended. There is adopted by the city council for the purpose of prescribing regulations governing the excavation and grading on private property, and the issuance of permits and providing for the inspection thereof, Appendix J of the 2010 California Building Code, subject to the amendments, additions and deletions set forth in this Chapter based on local climatic, geological or topographical conditions. A copy of this adopted code is on file in the Development Services Department. 15.70.010 Purpose. The purpose of this Chapter is to safeguard life, limb, property, and the public welfare by regulating grading and other earthwork activities, or by controlling existing fills and excavations, and the construction of retaining walls, drainage facilities on private property and to ensure that soil erosion, sedimentation, and storm water runoff are regulated to reduce, to the maximum extent practicable, pollutants entering the storm water conveyance system and waters of the state to protect water quality. 15.70.015 Appendix J of the 2010 California Building Code, Section J101 General, Subsection 1 Scope —Amended. Section J101, Subsection 1 of the 2010 California Building Code is amended to read as follows: J101.1 Scope. This ordinance sets forth rules and regulations to control excavation, grading, drainage, earthwork construction, including fills and embankments, and retaining wall construction; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading and retaining wall construction. Where conflicts occur between the technical requirements of this chapter and the geotechnical report, the geotechnical report shall govern. 15.70.020 Appendix J of the 2010 California Building Code, Section J102 Definitions —Amended. The following shall be supplementary to, or modify certain definitions given in the 2010 California Building Code in Appendix J Section J102. All other definitions listed in the 2010 Building Code shall remain applicable. APPROVAL — The term "approval" does not constitute certification of the project as a whole in terms of completeness, accuracy, design and construction standards, as shown on the plans. AUTHORITY HAVING JURISDICTION — means the City Engineer of the City of National City and any duly authorized representative. BEST MANAGEMENT PRACTICES OR BMPS — means schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants directly or indirectly to Storm Water, Receiving Waters, or the Storm Water Conveyance System. Best Management Practices also include but are not limited to treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Best Management Practices may include any type of pollution prevention and pollution control measure that can help to achieve compliance with this Chapter. Best Management Practices may include any type of pollution prevention and pollution control measure, which the City Engineer finds, is necessary to reduce pollutants entering the Waters of the State to the Maximum Extent Practicable. Ordinance No. 2010 — 3 Grading Code BUILDING CODE OFFICIAL — means the City Engineer or Designee. BUILDING OFFICIAL — means the City Engineer or Designee. CIVIL ENGINEER — means a professional engineer registered in the State of California to practice in the field of civil works. He or she is the person directly responsible for the project design, plan certification, and construction supervision. DRAINAGE PLAN — means a plan which shows existing and proposed site drainage within a property that is to be developed or rough graded. The drainage plan shall be prepared by a registered civil engineer, an architect, or other qualified and licensed professionals, and shall comply with the standards and requirements of the City Engineer. If, for a given development, no grading is proposed, or the earthwork quantity involved in the grading is below the established limit of this ordinance, and for which a grading plan is not required, then as a minimum, a drainage plan shall be submitted for the development. EROSION CONTROL PLAN — means a plan prepared under the direction of and signed by a civil engineer competent in the preparation of such plans and knowledgeable about current erosion control methods. The plan shall provide for protection of exposed soils, prevention of discharge of sediment, and desiltation of runoff at frequent intervals along flowage areas, at entrances to storm drains, at entrances to streets and driveways, and at the exit of the area being graded. EROSION CONTROL SYSTEM" — means any combinations of desilting facilities, retarding basins, flow decelerates, and/or erosion protection (including effective planning and the maintenance thereof) to protect the project site, adjacent private property, watercourses, public facilities, graded improvements, existing natural facilities, archaeological artifacts, and relieve waters of suspended sediments or debris prior to discharge from the site. GRADE — means the vertical location of the ground surface, in relation to a National City benchmark elevation. MAXIMUM EXTENT PRACTICABLE or ("MEP") — means the standard established in Clean Water Act section 402(p)(3)(B)(iii) that municipal dischargers of storm water must meet. MEP is an acceptability standard for Best Management Practices based on a level of pollutant reduction that can be achieved by the most effective set of BMPs that can be implemented and still remain practicable; MEP generally emphasizes pollution prevention and source control BMPs as the first line of defense in combination with treatment methods as a backup. PERMITTEE — means any person, corporation, partnership, limited liability company, non-profit entity, joint venture, association of any type, public entity or any other legal entity, which submits an application for a permit pursuant to this Chapter. POLLUTANT — means any agent that may cause or contribute to the degradation of water quality, including, but not limited to, earth materials. RAINY SEASON — means the period beginning October 1st and ending April 30th in the next calendar year. The remainder of the year is the dry season. RETAINING WALL PLAN — means a plan prepared by a registered civil engineer, an architect, or other qualified professional, which shows pertinent top and bottom of wall elevations and the wall profile, together with the existing and proposed ground elevations and profile at the wall. The plan shall be prepared in accordance with the requirements set forth by the City Engineer, and shall be subject to approval by the City Engineer. The plan shall be required for walls in Ordinance No. 2010 — 4 Grading Code excess of 3 fee (3')t in height, measured from the top of the footing, to the top of the wall, and for walls Tess than or equal to 3 feet (3') in height measured from the top of the footing, to the top of the wall, supporting a surcharge or a sloped backfill. The retaining walls shall be in accordance with the Regional Standard Drawings, and the Standard Specifications, or shall be specially engineered. STORM WATER CONVEYANCE SYSTEM — means private and public drainage facilities within the city by which storm water may be conveyed to waters of the United States, including but not limited to, streets, roads, catch basins, natural and artificial channels, natural and artificial drainage features, aqueducts, canyons, stream beds, gullies, curbs, gutters, ditches, and storm drains. Historic and current development makes use of natural drainage patterns and features as conveyances for urban runoff. Urban streams used in this manner are part of the Storm Water Conveyance System regardless of whether they are natural, man-made, or partially modified features. WATERS OF THE STATE — means any water, surface or underground, including saline waters within the boundaries of California. The definition of the "waters of the state" is broader than that for the "waters of the United States" in that all water in the State is considered to be a "waters of the State" regardless of circumstances or condition. Under this definition, a municipal storm sewer system (MS4) is always considered to be a "waters of the State". [California Water Code Section 13050 (e)]. WATERS OF THE UNITED STATES — means water subject to the regulatory jurisdiction of the United States under the Federal Clean Water Act and applicable case law. In general, this includes "navigable" waters, waters tributary to "navigable" waters, and adjacent wetlands. [40 Code of Federal Regulations section 122.2.] 15.70.025 Hazards and safety precautions —Amended. If, at any stage of work, the City Engineer determines that authorized grading is likely to endanger any public or private property or result in the deposition of debris on any public way or interfere with any existing drainage course, the City Engineer may specify and require reasonable safety precautions to avoid the danger. The permittee shall be responsible for removing excess soil and debris deposited upon adjacent and downstream public or private property resulting from permittee's grading operations. Soil and debris shall be removed and damage to adjacent and downstream property repaired as directed by the city engineer. Erosion and siltation control shall require temporary or permanent siltation basins, energy dissipaters, or other measures as field conditions warrant, whether or not such measures are a part of approved plans. The permittee shall incur cost associated with any work outlined in this section. The City Engineer shall not issue a grading permit in any case where the City Engineer finds that the work, as proposed by the applicant, will damage any private or public property, or interfere with any existing drainage course in a manner which may cause damage to any adjacent property, or result in the depositing of debris on any public way, or create an unreasonable hazard to person or property, or cause or contribute to an exceedance of state water quality objectives, or fail to reduce pollutants from the site to the maximum extent practicable. 15.70.030 Appendix J of the 2010 California Building Code, Section J103 Permits required, Subsection 2.1 Exemptions —Amended. Section J103.2.1 of the 2010 California Building Code is amended to read as follows: Ordinance No. 2010 — 5 Grading Code 1. When approved by the City Engineer, grading in an isolated or self-contained area, provided there is no danger to the public, and such grading will not adversely affect adjoining properties. 15.70.035 Appendix J of the 2010 California Building Code Exemptions, Section J103.2.2 City Engineer —Amended. Section J103.2.2 of the 2010 California Building Code is amended to read as follows: 2. AMENDED — An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1525 mm) after the completion of such structure. 15.70.040 Appendix J of the 2010 California Building Code Exemptions, Section J103.2.5—Amended. Section J103.2.5 of the 2010 California Building Code is amended to read as follows: 5. Excavations for wells or trenches for utilities on private property. 15.70.045 Appendix J of the 2010 California Building Code Exemptions, Section J103.2.6—Amended. Section J103.2.6 of the 2010 California Building Code is amended to read as follows: 6. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property, excepting the dumping and stockpiling of dirt and rubble, which is strictly prohibited in National City. 15.70.050 Appendix J of the 2010 California Building Code Exemptions, Section J103.2.8—Amended. Section J103.2.8 of the 2010 California Building Code is added to read as follows: 8. A retaining wall less than or equal to three feet (3') in height measured from the top of the footing to the top of the wall, when no surcharge is present, the backfill is level, and when not an integral part of a building. However, the construction of the retaining wall shall comply with the Regional Standard Drawings. 15.70.055 Appendix J of the 2010 California Building Code Exemptions, Section J103.2.9--Amended. Section J103.2.9 of the 2010 California Building Code is added to read as follows: 9. A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 3 feet (914 mm) in depth, not intended to support structures, that does not exceed 50 cubic yards (38.3 m3) on any one lot and does not obstruct a drainage course. Ordinance No. 2010 — 6 Grading Code 15.70.060 Appendix J of the 2010 Califomia Building Code, Section J104.5 Engineered grading requirements —Amended. Section J104.5 of the 2010 California Building Code is added to read as follows: J104.5 Engineered Grading Requirements — Application for a grading permit shall be accompanied by a work schedule including details of the hauling operation, size of trucks, haul route, dust and debris control measures and time and frequency of haul trips; four sets of plans and specifications; and two sets of supporting data consisting of a soils engineering report, engineering geology report (if necessary), drainage study, structural calculations, cost estimate, and other pertinent information as may be required by the City Engineer and all relevant information listed in the plan checklists as developed by the City Engineer. 15.70.065 Appendix J of the 2010 California Building Code, Section J104.6 Regular grading and retaining wall construction requirements —Amended. Section J1O4.6 of the 2010 California Building Code is added to read as follows: J1O4.6 Regular Grading and Retaining Wall Construction Requirements — Each application for a grading or retaining wall permit shall be accompanied by four sets of plans and specifications, in sufficient clarity to indicate the nature and extent of the work, supporting data consisting of a soils engineering report, engineering geology report (if necessary), drainage study, structural calculations, cost estimate, and other pertinent information as required by the City Engineer. The plans shall give the location of the work, the name of the owner and the name of the person who prepared the plans. The plans shall be prepared and signed by a registered Civil Engineer when required by the City Engineer, and shall include the following information: 1. General vicinity of the proposed site. 2. Limiting dimensions and depth of cut and fill. 3. Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 feet (15') of the proposed grading. 4. All other relevant information listed in the plan checklists as developed by the City Engineer. 15.70.070 Appendix J of the 2010 California Building Code, Section J104.7 Licenses and insurance —Amended. Section J104.7 of the 2010 California Building Code is added to read as follows: J104.7 Licenses and Insurance — Prior to the issuance of a permit, the applicant or the applicant's contractor shall present to the City Engineer evidence of the following: I. Coverage of general liability insurance and worker's compensation in the amounts required by the City Engineer. Such insurance policy shall name the City of National City and its elected officials, officers, agents, and employees as additional insured. The actual endorsements or policy language regarding automatic additional insureds must be provided. II. City business license, which may be obtained from the National City Finance Department. III. Appropriate state contractor license. Ordinance No. 2010 — 7 Grading Code 15.70.075 Appendix J of the 2010 California Building Code, Section J104.8 Conditions —Amended. Section J104.8 of the 2010 California Building Code is added to read as follows: A. Standards. All grading, drainage, and retaining wall work done under this ordinance shall be in accordance with the approved plans and the conditions of the required permits. The work shall conform to the Standards of the City of National City, the County of San Diego Regional Standard Drawings (latest adopted edition), the Standard Specifications for Public Works Construction (latest adopted edition), and any other conditions as may be determined by the City Engineer to be applicable to the work. Deviations from the requirements of these standards may be permitted by the City Engineer, based upon written reports and recommendations by qualified authorities. B. Water Quality. It shall be a condition of every permit issued under this Chapter that the Permittee shall comply with all the provisions of the City of National City Watercourse Protection, Storm Water Management and Discharge Control Ordinance in Chapter 14.22 of this Code. C. Minimum BMPs. The BMPs required by the City of National City Storm Water Best Management Practices Manual adopted in this Municipal Code shall be the minimum BMPs required for issuance of a grading permit and additional BMPs may be required by the City Engineer as a condition of issuance of the grading permit. D. Grading Plan Requirements. All grading plans, regardless of the date of submittal, shall include an erosion control plan designed to limit erosion of all disturbed portions of the property and to eliminate the transport of soil onto adjacent properties or into streets, storm drains, or drainage ways. E. Standard Urban Storm Water Mitigation Plan (SUSMP) Checklist. A SUSMP checklist as created by the City Engineer shall be submitted with plans. 15.70.080 Appendix J of the 2010 California Building Code, Section J105.3 Inspections —Amended. Section J105.3 of the 2010 California Building Code is added to read as follows: J105.3 The Permittee or his agent shall notify the City Engineer: A. Initial inspection (pre -construction conference) — when he is ready to begin grading and not less than forty-eight (48) hours before any grading is to be commenced. The pre -construction meeting shall be attended by the owner of the property, the soils engineer and the engineering geologist (when necessary) the design engineer, the grading contractor, and the building and engineer inspectors. B. Toe of fill inspection. After the natural ground is exposed and prepared to receive fill, but before any fill is placed. C. Excavation Inspection — After excavation and placement is started, but before the vertical depth of the excavation exceeds 10 feet. D. Fill Inspection. After fill and placement is started, but before the vertical height of the lifts exceeds 10 feet. E. Drainage Device Inspection — Before and after forms and reinforcement are in place, but before any concrete is placed. Ordinance No. 2010 — 8 Grading Code F. Rough Grading. Upon completion of all rough grading, including installation of all drainage structures and other protective devices, at least twenty-four hours before inspection is to be made. G. Final Inspection. Upon completion and approval by the project Civil Engineer and Soils Engineer of all work shown on the plans and the permit including the installation of all drainage or other structures. H. In addition to the above, inspections for retaining walls shall be per the San Diego County Regional Standard Drawings or special Engineering. I. Modification of approved plans, if changes are to be made in the approved plans during construction, the applicant, or his agent, shall submit an engineering change order to the inspector or to the City Engineer, for review and approval. 15.70.085 Appendix J of the 2010 California Building Code, Section J106.1(2) Exceptions —Deleted. 15.70.090 Appendix J of the 2010 California Building Code, Section J107 Fills, Subsection 1 General —Deleted 15.70.095 Appendix J of the 2010 California Building Code, Section J107 Fills, Subsection 2 Surface Preparation —Amended. Subsection J107.2 of the 2010 California Building Code is amended to read as follows: J107.2 Surface preparation. Fill slopes shall not be constructed on natural slopes steeper than 1 unit vertical in 2 units horizontal (50% slope). The ground surface shall be prepared to receive fill by removing vegetation, non -complying fill, topsoil and other unsuitable materials scarifying to provide a bond with the new fill and, where slopes are steeper than 1 unit vertical in 5 units horizontal (20% slope) and the height is greater than 5 feet (1524 mm), by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of fill shall be at least 10 feet (3048 mm) wide. The area beyond the toe of fill shall be at least 10 ft (3048 mm) wide but the cut shall be made before placing the fill and acceptance by the soils engineer or engineering geologist or both, as a suitable foundation for fill. 15.70.100 Appendix J of the 2010 California Building Code, Section J107 Fills, Subsection 4--Amended. Subsection J107.4 of the 2010 California Building Code is amended to read as follows: J107.4 Fill Material.. Organic material shall not be permitted in fills. Except as permitted by the City Engineer, no rock or similar irreducible material with a maximum dimension greater than 12 inches (305 mm) shall be buried or placed in fills. Exception: The City Engineer may permit placement of larger rock when the soils engineer properly devises a method of placement, and continuously inspects its placement and approved the fill stability. The following conditions shall also apply: 1. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan. 2. Rock sizes greater than 12 inches (305 mm) in maximum dimension shall be 10 feet (3048 mm) or more below grade, measured vertically. Ordinance No. 2010 — 9 Grading Code 3. Rocks shall be placed so as to assure filling of all voids with well - graded soil. 15.70.105 Appendix J of the 2010 California Building Code, Section J108 Setbacks, Subsection 1 General --Amended. Subsection J108.1 of the 2010 California Building Code is amended to read as follows: J108.1 General. Cut and fill slopes shall be set back from the property lines in accordance with this section. Setback dimensions shall be measured perpendicular to the property line and shall be as shown in amended FIGURE J108.1 as shown in this Chapter. 15.70.110 Appendix J of the 2010 California Building Code, Section J108, Setbacks, Subsection 2 Top of Slope —Amended. Subsection J108.2 of the 2010 California Building Code is amended to read as follows: J108.2 Top of slope. The setback at the top of a cut slope shall not be less than that shown in amended Figure J108.1 as shown in this chapter, or than is required to accommodate any required interceptor drains, whichever is greater. 15.70.115 Appendix J of the 2010 California Building Code, Section J108 Setbacks, Figure J108.1, Drainage Dimensions --Amended. Figure J108.1 of the 2010 California Building Code is amended to read as follows: . rm t + r:rt riw`.ei >xCa: 3 s Amended Figure J7 f}8. $ Drainage Dimeneions H'-., out 2 t. tt?ftt.7 mr{i:iin,J.rt anc ilr;t e.304$ Twp• r?t ;.lo e Lire Ordinance No. 2010 — 10 Grading Code 15.70.120 Appendix J of the 2010 California Building Code, Section J108 Setbacks, Subsection 3 Slope Protection --Amended. Subsection J108.3 of the 2010 Building Code is amended to read as follows: J108.3 Slope Protection. The toe of fill slope shall be made not nearer to the site boundary line than one half the height of the slope with a minimum of 2 feet (610 mm) and a maximum of 20 feet (6096 mm). Where a fill slope is to be located near the site boundary and the adjacent off -site property is developed, special precautions shall be incorporated in the work as the City Engineer deems necessary to protect the adjoining property from damage as a result of such grading. These precautions may include but are not limited to: 1. Additional setbacks. 2. Provision for retaining or slough walls. 3. Mechanical or chemical treatment of the fill slope surface to minimize erosion. 4. Provisions for the control of surface waters. 15.70.125 Appendix J of the Califomia Building Code, Section J109 Drainage and Terracing, Subsection 4 Drainage. Subsection J109.4 of the 2010 California Building Code is amended to read as follows: J109.4 Drainage Across property lines. Surface runoff shall not be permitted to flow from one lot to another, unless proper drainage agreements between affected property owners are executed and submitted to the City Engineer. Such agreements shall be subject to approval by the City Engineer, and recorded prior to issuance of the grading permit. 15.70.130 Appendix J of the California Building Code, Section J109 Drainage and Terracing, Subsection 5 Surface Run-off Interception. Subsection J109.5 of the 2010 California Building Code is added to read as follows: J109.5 Surface Run-off Interception. Surface run-off from new landscaping areas shall be intercepted by and directed to approved drainage facilities. 15.70.135 Appendix J of the California Building Code, Section J109 Drainage and Terracing, Subsection 6 Easements and Encumbrances. Subsection J109.6 of the 2010 California Building Code is added to read as follows: J109.6 Easements and Encumbrances. For all private water courses where the continuous functioning of the drainageway is essential to the protection and use of multiple properties, a covenant, a maintenance agreement and/or deed restriction shall be recorded by the applicant, placing the responsibility for the maintenance of the drainageway(s) on the owners of record of each respective lot affected. Permanent off -site drainage easements, as required by the City Engineer, shall be acquired by the applicant. Such easements shall be subject to approval by the City Engineer and recorded prior to issuance of the grading permit. Ordinance No. 2010 — 11 Grading Code 15.70.140 Appendix J of the California Building Code, Section J110 Erosion Control, Subsection 3 Storm Water Erosion and Sediment —Amended. Subsection J110.3 of the 2010 California Building Code is added to read as follows: J110.3 Stormwater Erosion and Sediment. A. Plans for an erosion control system shall be prepared and submitted for the review and approval of the City Engineer as a part of any application for a grading permit. The erosion control system shall comply with the requirements of the latest National Pollutant Discharge Elimination System permit and Chapter 14.22 of this Code to satisfy the requirements for erosion control and eliminate the discharge of sediment and pollutants. The erosion control plan shall include, but not be limited to, the following information: 1. Name, address, and a twenty -four-hour phone number of the owner or responsible party, and the person or contractor responsible for installing and maintaining the erosion control system and performing emergency erosion control work; 2. The name, address and signature of the Civil Engineer or person who prepared the plan; 3. All desilting basins, debris basins, silt traps, and other desilting, velocity retarding and protection facilities necessary to adequately protect the site and downstream properties from erosion and its effects, preserve natural hydrologic features, and preserve riparian buffers and corridors; 4. The streets, easements, drains, and other improvements; 5. The location and placement of gravel bags, diverters, check dams, slope planting, drains, and other erosion controlling devices and measures; 6. Access routes to all such erosion control facilities and how access shall be maintained during inclement weather. B. Erosion control system standards shall be as follows: 1. The faces of cut -and -fill slopes and the project site shall be prepared and maintained to control against erosion. Where cut slopes are not subject to erosion due to the erosion -resistant character of the materials, such protection may be omitted upon approval of the City Engineer. 2. Where necessary, temporary and/or permanent erosion control devices such as desilting basins, check dams, cribbing, riprap, or other devices or methods as approved by the City Engineer, shall be employed to control erosion, prevent discharge of sediment, and provide safety. 3. Temporary desilting basins constructed of compacted earth shall be compacted to a relative compaction of ninety percent of maximum density. A gravel bag or plastic spillway must be installed for overflow, as designed by the engineer of work, to avoid failure of the earthen dam. A soils engineering report prepared by the Soils Engineer, including the type of field- testing performed, location and results of testing shall be submitted to the City Engineer for approval upon completion of the desilting basins. 4. Desilting facilities shall be provided at drainage outlets from the graded site, and shall be designed to provide a desilting capacity capable of containing the anticipated runoff for a period of time adequate to allow reasonable settlement of suspended particles. 5. Desilting basins shall be constructed around the perimeter of projects, whenever feasible, and shall provide improved maintenance access Ordinance No. 2010 — 12 Grading Code from paved roads during wet weather. Grading cost estimates must include maintenance and ultimate removal costs for temporary desilting basins. 6. The erosion control provisions shall take into account drainage patterns during the current and future phases of grading. 7. All removable protective devices shown shall be in place at the end of each working day when there is a fifty percent chance of rain within a forty-eight hour period. If the Permittee does not provide the required installation or maintenance of erosion control structures within two hours of notification at the twenty-four hour number on the plans, the City Engineer may order City crews to do the work or may issue contracts for such work and charge the cost of this work along with reasonable overhead charges to the cash deposits or other instruments implemented for this work without further notification to the owner. No additional work on the project except erosion control work may be performed until the Permittee restores the full amount drawn from the deposit. 8. At any time of year, an inactive site shall be fully protected from erosion and discharges of sediment. Flat areas with less than five percent grade shall be fully covered unless sediment control is provided through desiltation basins at all project discharge points. A site is considered inactive if construction activities have ceased for a period of ten or more consecutive days. 9. Permittee shall implement the following minimum erosion prevention methods to minimize the erosion potential: a. If feasible, Permittee shall grade only during the dry season, especially in areas at high risk for erosion. b. Permittee shall minimize the length of time that soils are left exposed to elements of wind and water. c. If grading must occur during the rainy season, the total area of exposed soil shall be reduced during the rainy season. d. Critical areas, such as drainage channels, streams and natural watercourses shall be properly protected. e. Exposed areas shall be stabilized as quickly as f. Sufficient waste disposal facilities shall be provided for all proposed activities. 9. materials and equipment. h. Permittee shall ensure that materials used for erosion and sediment control are on site at all times during the rainy season. i. All slopes shall be protected against erosion and any unstable slopes shall be stabilized. j. Erosion prevention shall be considered the most important erosion control measure with sediment controls as a backup. 10. During Dry Season (May 1 through September 30), Permittee shall implement the following minimum erosion prevention methods to minimize the erosion potential: a. Adequate perimeter protection BMPs must be installed and maintained. b. Adequate sediment control BMPs must be installed and maintained. feasible. Sufficient storage facilities shall be provided for all c. Adequate BMPs designed to control off -site sediment tracking must be installed and maintained. Ordinance No. 2010 — 13 Grading Code d. At a minimum, 125% of the materials needed to install standby BMPs necessary to completely protect exposed portions of the site from erosion and prevent sediment discharges must be stored on the site. e. An approved "weather triggered" response plan is mandated for implementation in the event that a predicted storm event has a 50% chance of rain. The proponent must have the capacity to deploy the standby BMPs within 48 hours of the predicted storm event. f. All slopes must be equipped with erosion prevention BMPs as soon as slopes are completed for any portion of the site. g. Cleared or graded areas left exposed at any given time are limited to the amount of acreage that the project proponent can adequately protect prior to a predicted storm event. 11. During Wet Season (October 1 through April 30), Permittee shall implement the following BMPs, in addition to the Dry Season Requirements: a. Perimeter protection and sediment control BMPs must be upgraded if necessary to provide sufficient protection for storms. b. Adequate erosion prevention BMPs must be installed and established for all completed slopes prior to October 1 and maintained throughout the wet season. If a BMP fails, it must be repaired, improved, or replaced with an acceptable altemate as soon as it is safe to do so. c. The amount of exposed soil allowed at one time shall not exceed standby erosion and sediment control BMP capacity. d. An incomplete disturbed area that is not being actively graded must be fully protected from erosion if left for 10 days or more. 12. BMP Maintenance. All BMPs for erosion prevention and sediment control shall be functional at all times. Prior to the rainy season and after each major storm, all source control and structural treatment BMPs shall be inspected by the Permittee to assure the functionality and effectiveness. Proper BMP maintenance shall be conducted throughout the life of the project. 13. No grading shall be allowed from October 1st thru the following April 30th on any site if the City Engineer determines that erosion, mudflow or sediment of silt discharge may adversely affect water quality, downstream properties, drainage courses, storm drains, streets, easements, or public or private facilities or improvements unless an approved erosion control system has been implemented on the site. If the City determines that it is necessary for the City to cause erosion control measures to be installed or cleanup to be done, the Permittee shall pay all of the City's direct and indirect costs including extra inspection, supervision, and reasonable overhead charges. 14. Preservation Of Natural Hydrologic Features, Riparian Buffers and Corridors. All natural hydrologic features and riparian buffer zones and corridors must be preserved to eliminate or minimize runoff from construction sites. 15. Phased Grading. Grading shall be phased whenever the City Engineer finds that phasing is feasible and necessary to protect the Waters of the State. Areas that are cleared and graded shall be minimized to only portions of the site that are necessary for construction, and the exposure time of disturbed soil areas shall be minimized. 16. Cleared or graded areas left exposed at any given time are limited to the amount of acreage that the project proponent can adequately protect prior to a predicted storm event or 17 acres, which ever is smaller, unless the disturbance of a larger area is approved in writing by the City engineer. In the Ordinance No. 2010 — 14 Grading Code event that a project proponent requests approval to disturb an area greater than 17 acres, the project proponent shall first submit to the City Engineer, written documentation describing how it will ensure that discharges of pollutants are reduced to the Maximum Extent Practicable (MEP) and prevents discharges of pollutants that would cause or contribute to a violation of water quality standards despite the larger disturbed area. 17. Advanced Treatment. a. Treatment for sediment is required. For the purpose of this requirement, exceptional threat to water quality shall be defined as a site, which meets all of the following, except as provided in number 16 above: 1. A portion of the site is located within or directly adjacent to receiving waters listed on the CWA Section 303(d) list of Water Quality Limited Segments as impaired for sedimentation or turbidity; 2. Disturbance is greater than five acres, including all phases of the development; 3. Disturbed slopes are steeper than 4:1 (horizontal: vertical), higher than 10 feet, and drain to the 303(d) listed receiving water; 4. Contains a predominance of soils with USDA-NRCS Erosion factors kf greater than or equal to 0.4. Alternatively, applicants may perform a RUSLE or MUSLE analysis to prove to the City Engineer's satisfaction that advanced treatment is not required. b. Even if based on the criteria in number 16, above, advanced treatment would not ordinarily be required, advanced treatment may be required at the discretion of the City Engineer based on a record of noncompliance. c. Treatment effluent water quality shall meet or exceed the water quality objectives for turbidity, pH, toxicity, and any other parameter deemed necessary by the City Engineer, as listed in the Water Quality Control Plan for the San Diego Basin for inland surface waters and lagoons and estuaries for the appropriate hydrologic unit. d. Applicant shall provide design, operations and maintenance schedule, monitoring plan, certification of training of staff to the satisfaction of the City Engineer. 18. Establishment of Permanent Vegetation. a. General. The face of all cut and fill slopes, in excess of 3 feet in vertical height, but only final slopes of any borrow pit, shall be planted and maintained with a ground cover or other planting to protect the slopes against erosion and instability. Planting shall commence as soon as slopes are completed on any portion of the site and shall be established upon all slopes prior to the final approval of the grading. In order to minimize the period during which a cut or filled surface remains exposed, such planting shall provide for rapid short-term coverage of the slope as well as Tong -term permanent coverage. Planting materials and procedures shall conform to regulations adopted by the City Engineer. The City Engineer may approve other plant materials as specified by a landscape architect. The Permittee shall maintain such planting until it is well established as determined by the City Engineer. b. Minimum Requirements. In addition to planting with ground cover, slopes in excess of fifteen (15) feet in vertical height shall be planted with shrubs in 2 1/4 inch pots or trees having a one (1) gallon minimum Ordinance No. 2010 — 15 Grading Code size at ten (10) feet on center in both directions on the slope. The City Engineer may vary the plant and planting pattern, but not the quantity, upon the recommendation of landscape architect and approval. c. Where cut slopes are not subject to erosion due to their rocky character or where the slopes are protected with pneumatically applied concrete mortar or otherwise treated to protect against erosion and instability to the satisfaction of the City Engineer, the requirement of this subsection may be waived by the City Engineer. d. The City Engineer may require the applicant to temporarily stabilize and reseed disturbed soil areas to protect the Waters of the State. If grass or ground cover is not established by the beginning of the wet season, temporary erosion control measures such as erosion control mats or blankets shall be installed on the slopes. If grass or ground cover is not established by the beginning of the wet season, temporary erosion control measures such as erosion control mats or blankets shall be installed on the slopes. 19. Irrigation System Requirements. a. General. Except for agricultural grading permits, all slopes to be constructed, but only final slopes of any borrow pit, shall be provided with an irrigation system which shall be used by the Permittee to promote the growth of plants to protect the slopes against erosion. The Permittee shall be responsible for installation and maintenance of the irrigation system until the City Engineer determines that the system has been properly installed and meets the minimum requirements of this section. When the City Engineer finds that a slope less than fifteen (15) feet in height is located in an area as to make hand watering possible, conveniently located hose bibs may be accepted in lieu of the required irrigation system when a hose no longer than fifty (50) feet would be required. b. Minimum Requirements (1) Plans for the irrigation system shall be in accordance with San Diego Regional Standard Specifications for Sprinkler Irrigation Systems and shall be approved by the National City, City Engineer prior to installation. (2) The irrigation system shall be located relative to existing and proposed property lines to insure that the irrigation system and the slopes sprinkled thereby will both be within the same property boundaries. The irrigation system shall be supplied or be readily converted so as to be supplied through the metered water service line serving each individual property. (3) The irrigation system shall provide uniform coverage for the slope area at a rate of not less than 0.03 inches per hour, nor greater than 0.30 inches per hour. A functional test of the irrigation systems shall be performed to the satisfaction of the City Engineer prior to final approval of the grading. (4) A check valve and balance cock shall be installed in the system where drainage from sprinkler heads will create an erosion problem. (5) Adequate back flow protection devices shall be installed in each irrigation system. Such devices shall be protected against physical damage during construction operations. 20. Waiver Of Planting And Irrigation Requirements. The City Engineer may modify or waive the requirements for planting and/or irrigation systems if he/she finds that said requirements would be unreasonable or unnecessary for any of the following reasons: (a) the area is subject to periodic inundation, or (b) water is unavailable to the area such that irrigation would be impractical or impossible, or (c) the area is naturally devoid of vegetation. 21. General Construction Permit Requirements. Ordinance No. 2010 — 16 Grading Code a. Notice of Intent. Permittees required to comply with the State Construction General Storm Water Permit shall maintain on site and make available for inspection on request by the City any state -issued Waste Discharge Identification Number (WDID) for the site, and a copy of the Notice of Intent (NOI) filed with the State Water Resources Control Board (SWRCB) pursuant to that permit. b. Storm Water Pollution Prevention Plan. Permittees required to prepare a SWPPP under the State General Construction Storm Water Permit must prepare the Plan, implement the Plan and maintain it at the site, readily available for review. Failure to comply with an applicable state -required SWPPP is a violation of this Chapter. c. Facility Monitoring. Permittees required to conduct monitoring under the State Construction General Storm Water Permit must conduct such monitoring in conformance with requirements specified by the State, retain records of such monitoring on site, and make such records available for inspection by the City Engineer. 15.70.145 Grading fees. The plan review and permit fees shall be assessed in accordance with city Ordinance No. 1929 and the National City Fee Schedule. 15.70.146 Work commencing prior to permit issuance —Added. Any person who commences any work where an engineering permit is required prior to obtaining the necessary permits shall be subject to an administrative penalty fee equal to the amount of the permit fee that would be required by this Code if a permit were to be issued. The administrative penalty fee is in addition to a permit fee. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this Code or from any penalty prescribed by law. 15.70.150 Completion of work. Final approval shall not be given, grading securities shall not be released, and a notice of completion or certificate of use and occupancy shall not be issued, until all work, including installation of all drainage facilities and their protective devices, and all erosion -control measures have been completed in accordance with the final approved grading plan, and the required reports and the as -built plans have been submitted. 15.70.155 Rough grading permit. When grading is to be performed on a property for which no prior site development plans have been approved, and on which no other construction is proposed, the applicant shall obtain special approval of the city engineer, as well as the director of the planning department for such grading. The rough -grading permit thus issued shall be subject to the special requirements of both the city engineer and the planning director. 15.70.160 Parking lots. Existing or new parking lots, which are exempted from the requirements of a grading permit, shall be paved or resurfaced in accordance with an approved drainage plan. 15.70.165 Bonds. The city engineer may require bonds in such form and amounts as may be deemed necessary to ensure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions. In lieu of a surety bond the applicant may file a cash deposit or instrument of credit with the city engineer in an amount equal to that which would be required in the surety bond. Ordinance No. 2010 — 17 Grading Code 15.70.170 Violation a misdemeanor. Any person who commences or does any grading in violation of this chapter is guilty of a misdemeanor. Every day that a violation of this chapter is committed, continued or permitted to exist is a separate violation, punishable as provided in this code. PASSED and ADOPTED this day of , 2010. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor Ordinance No. 2010 — 18 Grading Code CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 9, 2010 AGENDA ITEM NO. 19 EM TITLE: An Ordinance of the City Council of the City of National City, adopting the 2009 Uniform Swimming Pool, Spa and Hot Tub Code, and amending Chapter 15.22 of the National City Municipal Code, pertaining to Uniform Swimming Pool, Spa and Hot Tub Code. PREPARED BY: Luis PHONE: 4214 EXPLANATION: See attached ding Official DEPARTMENT: Development Divisi APPROVED BY: wilding FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: x FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: That the City Council introduce the Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: )Ianation ordinance Explanation The California Health and Safety Code section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geologic or topographic conditions. This year the California Building Standards Commission published the 2010 California Building Standards Code which is based on the 2009 International Building Code, 2009 International Residential Code, 2009 Uniform Plumbing Code, 2009 Uniform Mechanical Code, 2008 National Electrical Code, 2010 California Energy Code and the 2010 California Green Building Code. This year since there was a small change in the application provision of the California Building Standards Code, making it applicable to all occupancies in the state, there is no need to adopt the underlying model code. 2010 California Building Code Since this is the fourth edition of the California Building Code that is based on the International Building Code, the changes to this edition are more detailed in nature to help clarify the code. The sections on fire resistive construction have been rewritten to make the provisions more understandable and provide for some additional exceptions for fire sprinklers. 2010 California Residential Code This is a new part to the California Building Standards Code and provides prescriptive requirements for one- and two-family dwellings and townhouses three stories or less above grade. Only the structural and fire and life safety provision of the International Residential Code are incorporated into this code, the plumbing, electrical and mechanical provisions were excluded since they are covered in other parts of the California Building Standards Code. When the proposed construction is other than the prescriptive requirements of the Residential Code for conventional construction, an engineered design shall be provide, prepared by a registered engineer or architect showing that the design will comply with the requirements of the building code. 2010 California Electrical Code Changes to the California Electrical Code include new materials and devices to keep current with changes in the industry. Solar photovoltaic installations are increasing in size and installation requirements have been clarified. Arch -fault protection has been expanded to include more circuits in residential construction along with ground -fault circuit interrupters. 2010 California Plumbing Code A new chapter on non -potable water reuse systems has been added to the California Plumbing Code. This chapter incorporates the requirements for graywater systems and recycled water systems. The remainder of the plumbing code has changes that typically refer to a standard for a particular item. 2010 California Mechanical Code The 2010 California Energy Code changes include references to updated standards and re -written sections to clarify code requirements. 2010 California Energy Code The changes to the California Mechanical Code result from requirements in the legislation to increase energy conservation. Lighting requirements to improve efficiency have been added and include outdoor lighting. Whole house mechanical ventilation has been added to provide a healthier environment in the tightly sealed houses. 2010 California Green Building Code This is a new code added to the California Building Standards Code. It includes requirements for recycling construction materials, water conservation, building management, and facilities for low emission vehicles. 2009 Uniform Swimming Pool, Spa and Hot Tub Code The California Building Code includes a section on Uniform Swimming Pool, Spa and Hot Tub. We are adopting the 2009 Uniform Swimming Pool, Spa and Hot Tub Code to bring our Code up-to-date. The major change is that the California Building Code requires any remodel of a pool to add an antientrapment cover meeting current standards whereas we are requiring that with any permit requested from the Building Division for any type of work where a pool exists, will require such a device. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, ADOPTING THE 2009 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, AND AMENDING CHAPTER 15.22 OF THE NATIONAL CITY MUNICIPAL CODE, PERTAINING TO THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2009 Uniform Swimming Pool, Spa and Hot Tub Code. Chapter 15.22 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE Sections: 15.22.005 Uniform Swimming Pool, Spa and Hot Tub Code (2009 Edition) —Adopted. 15.22.010 Chapter 1, Section 104 "Administrative authority" —Deleted. 15.22.015 Chapter 1, Section 102.2 "Duties and powers of the administrative authority" —Amended. 15.22.020 Chapter 1, Section 102.3 "Violations —Amended. 15.22.22 Chapter 1, Section 102.3.2 Penalties —Amended. 15.22.025 Chapter 1, Section 103.1 "Permit required" —Deleted. 15.22.030 Chapter 1, Section 103.4 "Fees" —Amended. 15.22.035 Chapter 1, Section 117'Board of appeals" —Amended. 15.22.040 Chapter 2, Section 202 "Definitions" —Amended. 15.22.045 Chapter 3, Section 3109.4.1 of the 2010 California Building Code "Barrier protection required" —Amended. 15.22.050 Chapter 1, Division II Section 102.2.2 Right of entry —Amended. 15.22.055 Expiration. 15.22.060 Permit Denial. 15.22.065 Permit Fees. 15.22.070 Plan Review Fees. 15.22.075 Reinspection. 15.22.080 Advisory and Appeals Board. 15.22.085 Placement of Permit. 15.22.090 Expiration of Plans. 15.22.095 Work Commencing without a Permit. 15.22.005 Uniform Swimming Pool, Spa and Hot Tub Code (2009 Edition) —Adopted. There is adopted by the city council for the purpose of prescribing regulations governing the erection, installation, construction, enlargement, alteration, addition, repair, replacement, maintenance, and use or occupancy of any swimming pool, spa or hot tub that certain code known as the Uniform Swimming Pool, Spa and Hot Tub Code as copyrighted by the International Association of Plumbing and Mechanical Officials, being particularly the 2009 Edition, save and except such portions as are hereinafter deleted, modified or amended, based on local climatic, geological, or topographical conditions that justify deviating from such code, of which one copy is now on file in the office of the Building Official; and the same is adopted and incorporated as fully as if set out at length in this chapter and from January 1, 2011, the provisions thereof shall be controlling within the limits of the city. 15.22.010 Chapter 1, Section 104 "Administrative authority" —Deleted. Section 104 of the Uniform Swimming Pool, Spa and Hot Tub Code is hereby deleted. 15.22.015 Chapter 1, Section 102.2 "Duties and powers of the administrative authority" —Amended. Section 102.2 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended by adding the following: 102.2 Duties and Powers of the Administrative Authority. The San Diego County Health Department and/or its authorized representatives are authorized to enforce this code in accordance with the terms of the agreement between the City of National City and the San Diego County Health Department. 15.22.020 Chapter 1, Section 102.3 "Violations —Amended. Section 102.3 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read as follows: 102.3. Violations. Violations of any provisions of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use that is authorized is lawful. The issuance or granting of a permit or approval of plans shall not prevent the Administrative Authority from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this code or of any other ordinance or from revoking any approval when issued in error. 15.22.022 Chapter 1, Section 102.3.2 Penalties —Amended. Section 102.3.2 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read as follows: 102.3.2 Penalties. Violation of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.22.025 Chapter 1, Section 103.3.4 "Permits" —Deleted. Section 103.3.4 of the Uniform Swimming Pool, Spa and Hot Tub Code is deleted. Ordinance No. 2010 — 2 Uniform Swimming Pool, Spa and Hot Tub Code 15.22.030 Chapter 1, Section 103.4.1 "Fees" —Amended. Chapter 1, Section 103.4.1 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read as follows: 103.4.1 Fees. Every applicant for a permit to install, remove, alter, repair or replace or cause to be installed, removed, altered, repaired, or replaced any swimming pool, spa or hot tub; any swimming pool, spa or hot tub plumbing, gas or draining piping; or any swimming pool, spa, or hot tub heater, fixture, or water treating equipment in a building or premises shall first state in writing on the application for a permit provided for that purpose, the character of work proposed to be done. Permit fees shall be as established by the most recently adopted fee schedule. 15.22.033 Chapter 1 Section 103.4.3.2 "Work commencing without a permit" — Amended. Section 103.4.3.2 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read as follows: Section 103.4.3.2 Work commencing without a permit. Any person who shall commence any swimming pool, spa, or hot tub work for which a permit is required by this code without having obtained a permit therefor, shall be subject to an administrative penalty equal to the inspection fee portion of the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee however, this provision shall not apply to emergency work when it shall be demonstrated to the satisfaction of the Administrative Authority that such work was urgently necessary and that it was not practical to obtain a permit therefor, before the commencement of the work. In all such cases, a permit must be obtained by the next business day, and if such permit is not obtained for the completion of such emergency work, the administrative penalty as herein provided shall be charged. 15.22.035 Chapter 1, Section 117 "Board of appeals" —Amended. Section 117 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read as follows: Section 117 Board of Appeals. The City Council, pursuant to National City Municipal Code Chapter 15.04, shall have jurisdiction to review the items as enumerated in Chapter 15.22 of the National City Municipal Code. 15.22.040 Chapter 2, Section 202 "Definitions" —Amended. Section 202 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended by adding the following definitions: Section 202 Definitions. Above Ground/On Ground Pool - See definition of swimming pool. Approved safety pool cover - means a manually or power -operated safety pool cover that meets all of the performance standards of the American Society of Testing and Materials (ASTM) in compliance with Standard F1346-91. Enclosure - is a fence, wall, or other barrier that isolates a swimming pool from access to the home. Exit alarms - devices that make audible, continuous alarm sounds when any door or window, that permits access from the residence to the pool area that is without any intervening enclosure, is opened or is left ajar. Exit alarms may be battery operated or may be connected to the electrical wiring of the building. Ordinance No. 2010 — 3 Uniform Swimming Pool, Spa and Hot Tub Code Grade (surface) - is the underlying surface such as earth or a walking surface. Hot Tub - See definition of swimming pool. Spa - See definition of swimming pool. Swimming Pool - is any structure intended for swimming or recreational bathing that contains water over 18 inches deep. This includes in -ground, aboveground and on -ground swimming pools, hot tubs, spas, portable spas and nonportable wading pools. Swimming Pool, Indoor - is any swimming pool which is totally contained within a structure and surrounded on all four sides by walls of said structure. Swimming Pool, Outdoor - is any swimming pool which is not an indoor pool as defined herein. 15.22.045 Chapter 31, Section 3109.4.1 "Barrier height and clearances" —Amended. Section 3109.4.21 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read as follows: Section 3109.4.1 Barrier Protection Required. Outdoor swimming pools, including in -ground, aboveground, and on -ground pools, hot tubs and spas shall be provided with a barrier that shall comply with the following: 1. The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool and shall be constructed to withstand the forces specified in the Uniform Building Code. The maximum vertical clearance between grade and the bottom of the barrier shall be 2 inches measured to a hard surface such as concrete. This measurement shall be taken on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, such as an aboveground pool, the barrier may be at ground level, such as the pool structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches. 2. Openings in the barrier shall not allow passage of a 4-inch diameter sphere. 3. Solid barriers that do not have openings, such as masonry or stone walls, shall not contain indentations or protrusions except for tooled masonry joints. 4. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches and there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 2 inches in width, and spacing between vertical members shall not exceed 4 inches. 5. Maximum mesh size for chain link fences shall be a 13/4-inch square. The wire shall be not less than 111/2 gauge. 6. Access gates shall comply with the requirements of items (1) through (7) and shall be equipped to accommodate a locking device no less that 54 inches above grade. Pedestrian access gates shall open outward away from the pool and shall be self -closing with a self -latching device. Gates other than pedestrian access gates shall comply with the requirements of items (1) through (7) and shall be equipped with a locking device. 7. Where a wall of a dwelling serves as part of the barrier, doors with direct access to the pool through that wall shall be equipped with an alarm that Ordinance No. 2010 — 4 Uniform Swimming Pool, Spa and Hot Tub Code produces an audible warning when the door and its screen, if present, are opened. The alarm shall sound continuously for a minimum of 30 seconds, within 7 seconds after the door and its screen, if present, are opened, and be capable of providing a sound pressure level of not less than 85 DBA when measured indoors at 10 feet. The alarm shall automatically reset under all conditions. The alarm system shall be equipped with a manual means, such as a touch pad or switch, to temporarily deactivate the alarm for a single opening. Such deactivation shall last for no more than 15 seconds. The deactivation switch shall be located at least 54 inches above the threshold of the door. Other means of protection, such as self -closing doors with self -latching devices approved by the building official, shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by the alarm system described above. 8. Where an above -ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, then (a) the ladder or steps shall be capable of being secured, locked or removed to prevent access or, (b) the ladder or steps shall be surrounded by a barrier which meets the requirements of items (1) through (9). When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4-inch diameter sphere. 9. Hot tubs and spas located outdoors and not exceeding 64 square feet may have rigid pool covers meeting American Society for Testing and Materials (ASTM) Standard F1346-91 equipped with a permanent locking and latching device in lieu of a required barrier. 10. Where unusual circumstances exist that make strict enforcement of (1) through (10) impractical, the administrative authority may grant modifications for individual cases pursuant to Section 106 of the Uniform Building Code. 15.22.050 Chapter 1, Division II Section 102.2.2 Right of entry —Amended. Division II, Section 102.2.2 of the Uniform Swimming Pool, Spa and Hot Tub Code is amended to read as follows: Section 102.2.2 Right of Entry. When necessary to make an inspection to enforce any of the provision of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction and/or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.22.055 Chapter 1, Division II, Section 103.3.4 Expiration —Amended. Section 103.3.4 of the 2010 California Plumbing Code is amended to read as follows: 103.3.4 Expiration. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after work has commenced for a period of six calendar months, or if the building or work authorized by such permit exceeds three calendar years from the issuance date of the permit. Work shall be presumed to be suspended or abandoned if the permittee has not obtained a required inspection approval of Ordinance No. 2010 — 5 Uniform Swimming Pool, Spa and Hot Tub Code work by the Authority Having Jurisdiction within each six month period upon commencement of work authorized by such permit. In the event a permit has expired, a permittee may recommence work only if either a new permit or renewal permit is obtained, as specified below: 1. Permits where work was not commenced. For permits for which work was not been commenced in the first six calendar months from the date of issuance, a renewal permit may be issued only if: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original issuance date; (C) The same edition of the adopted codes is in effect as used in the initial plan check; and, (D) A fee equal to one-half the amount required for a new permit is paid. The renewal permit shall expire three calendar years from the date of the initial permit issuance. When later editions of the codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect. a full new plan check is required and a full new plan check fee shall be paid. Upon completion of the new plan check, the permit may be renewed upon payment of a permit fee equal to one -haft the amount required for a new permit. 2. Permit where work was commenced. For permits where work was commenced and was subsequently stopped as defined herein, a renewal permit may be obtained only if: (A) No changes have been made or will be made in the original plans and specifications for such work; (B) The expiration has not exceeded three years from the original permit issuance date; (C) A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed to the point of requiring only a final inspection. a fee equal to one -quarter of the amount required for new permit shall be paid; (D) A renewal permit shall expire three calendar years from the date of the initial permit issuance. The maximum life of a permit renewal in accordance with this sub- section shall be one calendar year from the date of renewal. The permit may be renewed each calendar year thereafter provided that all requirements of (A) (8) and (C) as stated in this sub -section are met. 3. Extension of an unexpired permit. For an extension of a permit which has not yet expired, the permittee may apply for an extension of time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this chapter. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding six calendar months beyond the expiration date in effect at the time of the extension application, upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action being taken. Permits issued where the permittee has been deployed to a foreign country, may be held in' abeyance until six months after the return of the Ordinance No. 2010 — 6 Uniform Swimming Pool, Spa and Hot Tub Code permittee from his/her deployment if necessary, upon application for such relief by the permittee. 4. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date. a permit renewal may be obtained, provided that: (A) Construction in reliance upon the building permit has been commenced and has been approved; (B) No changes have been made or will be made in the original plans and specifications for such work; and. (C) A fee equal to the full amount required for a new permit is paid, except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. 5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. A permit renewed pursuant to this subsection shall not exceed one calendar year from the date of renewal. A permit may be renewed annually provided that all requirements of (A), (B), and (C) above are met. 15.22.060 Permit Denial. The Authority Having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in the Chapters 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.22.065 Permit Fees. Fees shall be assessed in accordance with the most recent Fee Schedule adopted by the National City City Council . 15.22.070 Plan Review Fees. When a plan or other data are required to be submitted by 103.2.2, a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fees for plumbing work shall be as set forth in the fee schedule adopted by the City Council. When plans are incomplete or changed so as to require an additional plan review fee, the fee shall be as per the fee schedule. 15.22.075 Reinspection. A re -inspection fee may be assessed for each inspection or re -inspection when any of the following occurs: 1. The portion of work for which the inspection was called is not complete; the corrections previously required and called for are not made; 2. Calling for an inspection before the job is ready for such inspection or re - inspection; 3. The inspection record card or the approved plans are not posted or otherwise available to the inspector; 4. Failure to provide access on the date for which the inspection is requested; or, 5. Deviating from the approved plans when such deviation or change required approval of the building official. To obtain a re -inspection, the permittee shall pay the re -inspection fee as specified in the most current Fee Schedule adopted by the National City City Council . In instances where a re -inspection fee has been assessed, no further inspections shall be performed until the fees have been paid. Ordinance No. 2010 — 7 Uniform Swimming Pool, Spa and Hot Tub Code 15.22.080 Advisory and Appeals Board. The City Council, pursuant to National City Municipal Code Chapter 15.04, shall have jurisdiction to review the items as enumerated in Chapter 15.20 of the National City Municipal Code. 15.22. 085 Placement of Permit Placement of permit. The building permit or a copy, the inspection record, and the approved plans shall all be kept on site until the completion of the project. The inspection record is to be kept on the job unless removed by the building official. 15.22.090 Expiration of Plans. An application for a permit shall be deemed to have been abandoned six months after the date of filing, unless such application has been pursued in good faith or the permit has been issued; except that the Authority having Jurisdiction is authorized to grant a maximum of three extensions for additional time of three months each, provided there have been no changes to the plans and no new codes have been adopted since the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be assessed for each plan check extension. The extension shall be requested in writing and justifiable cause demonstrated. 15.22.095 Work Commencing without a Permit. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee. When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. PASSED and ADOPTED this day of , 2010. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor Ordinance No. 2010 — 8 Uniform Swirnming Pool, Spa and Hot Tub Code CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 9, 2010 AGENDA ITEM NO. 20 EM TITLE: An Ordinance of the City Council of the City of National City, adopting the 2010 California Residential Code, California Code of Regulations, Title 24, Part 2.5 and adding Chapter 15.79 pertaining to the California Residential Code. PREPARED BY: L PHONE: 4214 EXPLANATIO r : See attached uilding Official DEPARTMENT: Develo. :.-Building APPROVED B FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: x FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: That the City Council introduce the Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: )Ianation �dinance Explanation The California Health and Safety Code section 17922 requires that each jurisdiction in the state adopt the most recent edition of the California Building Standards Code within 180 days of publication. If it is not adopted by a jurisdiction it has the force of law 180 days after publication. When adopting the California Building Standards Code a jurisdiction may establish more restrictive standards reasonably necessary based on climatic, geologic or topographic conditions. This year the California Building Standards Commission published the 2010 California Building Standards Code which is based on the 2009 International Building Code, 2009 International Residential Code, 2009 Uniform Plumbing Code, 2009 Uniform Mechanical Code, 2008 National Electrical Code, 2010 California Energy Code and the 2010 California Green Building Code. This year since there was a small change in the application provision of the California Building Standards Code, making it applicable to all occupancies in the state, there is no need to adopt the underlying model code. 2010 California Building Code Since this is the fourth edition of the California Building Code that is based on the International Building Code, the changes to this edition are more detailed in nature to help clarify the code. The sections on fire resistive construction have been rewritten to make the provisions more understandable and provide for some additional exceptions for fire sprinklers. 2010 California Residential Code This is a new part to the California Building Standards Code and provides prescriptive requirements for one- and two-family dwellings and townhouses three stories or less above grade. Only the structural and fire and life safety provision of the International Residential Code are incorporated into this code, the plumbing, electrical and mechanical provisions were excluded since they are covered in other parts of the California Building Standards Code. When the proposed construction is other than the prescriptive requirements of the Residential Code for conventional construction, an engineered design shall be provide, prepared by a registered engineer or architect showing that the design will comply with the requirements of the building code. 2010 California Electrical Code Changes to the California Electrical Code include new materials and devices to keep current with changes in the industry. Solar photovoltaic installations are increasing in size and installation requirements have been clarified. Arch -fault protection has been expanded to include more circuits in residential construction along with ground -fault circuit interrupters. 2010 California Plumbing Code A new chapter on non -potable water reuse systems has been added to the California Plumbing Code. This chapter incorporates the requirements for graywater systems and recycled water systems. The remainder of the plumbing code has changes that typically refer to a standard for a particular item. 2010 California Mechanical Code The 2010 California Energy Code changes include references to updated standards and re -written sections to clarify code requirements. 2010 California Energy Code The changes to the California Mechanical Code result from requirements in the legislation to increase energy conservation. Lighting requirements to improve efficiency have been added and include outdoor lighting. Whole house mechanical ventilation has been added to provide a healthier environment in the tightly sealed houses. 2010 California Green Building Code This is a new code added to the California Building Standards Code. It includes requirements for recycling construction materials, water conservation, building management, and facilities for low emission vehicles. 2009 Uniform Swimming Pool, Spa and Hot Tub Code The California Building Code includes a section on Uniform Swimming Pool, Spa and Hot Tub. We are adopting the 2009 Uniform Swimming Pool, Spa and Hot Tub Code to bring our Code up-to-date. The major change is that the California Building Code requires any remodel of a pool to add an antientrapment cover meeting current standards whereas we are requiring that with any permit requested from the Building Division for any type of work where a pool exists, will require such a device. ORDINANCE NO. 2010 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2010 CALIFORNIA RESIDENTIAL CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 2.5, AND AMENDING THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 15.79 PERTAINING TO THE CALIFORNIA RESIDENTIAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2010 California Residential Code, California Code of Regulations, Title 24, Part 2.5. Section 2. The City Council of the City of National City hereby amends, adds, and deletes certain sections of the 2010 California Residential Code and Chapter 1 of said Code, thereby adding Chapter 15.79 of the National City Municipal Code to read as follows: CHAPTER 15.79 CALIFORNIA RESIDENTIAL CODE Sections: 15.79.010 California Building Code —Adopted and Amended. 15.79.025 Chapter 1, DIVISION II, Section R104.6 — "Right of entry" —Amended. 15.79.030 Chapter 1, DIVISION II, Section R105.2 — "Work exempt from permit" — Amended. 15.79.035 Chapter 1, DIVISION I1, Section R105.3.2 —"Time limitation of application" —Amended. 15.79.040 Chapter 1, DIVISION II, Section R105.5 — "Expiration" —Amended. 15.79.045 Chapter 1, DIVISION II, Section R105.7 — "Placement of permit" — Amended. 15.79.050 Chapter 1, DIVISION II, Section R105.8.1 —"Permit denial" —Added. 15.79.055 Chapter 1, DIVISION II, Section R108.2 - ""Fees" —Amended. 15.79.060 Chapter 1, DIVISION II, Section R108.6 - "Work commencing before permit issuance" —Amended. 15.79.065 Chapter 1, DIVISION II, Section R109.3.8.1 -"Reinspections"—Added. 15.79.070 Chapter 1, DIVISION II, Section R110.4 - "Temporary occupancy" — Amended. 15.79.075 Chapter 1, DIVISION II, Section R112.1 - "Board of Appeals" —Amended. 15.79.080 Chapter 1, DIVISION II, Section R113.1 - "Violations" —Amended. 15.79.085 Chapter 1, Division II, Section R319.1 - "Address numbers" —Amended. 15.79.090 Chapter 1, Division II, Section R902.1 "Roofing covering material" — Amended. 15.79.095 Plan Review Fees. 15.79.100 Applications and extensions. 15.79.010 California Residential Code Adopted. The city council adopts, for the purpose of prescribing regulations governing the erection, construction, enlargement, alteration, repair, moving. removal, demolition, conversion, occupancy, use, height, area, fire resistance and maintenance of one- and two-family dwellings and townhouses not more than three stories above grade, the 2010 California Residential Code, California Code of Regulations Title 24, Part 2.5 of the California State Health and Safety Code Sections 18901, et. seq., published by the California Building Standards Commission based on the International Residential Code 2009 Edition, including specified Appendices, save and except such portions as are deleted, added, or modified based on the climatic, topographic, or geographic conditions, of which copies of all the codes have been and are now filed in the office of the Building Official and, the same are adopted and incorporated as fully set out at length in this chapter, and the provisions thereof shall be controlling within the city limits. 15.79.025 Chapter 1, DIVISION II, Section R104.6 "Right of entry" —Amended. Section 104.6 of the 2007 California Residential Code is amended to read as follows: R104.6 Right of Entry. When necessary to make an inspection to enforce any of the provision of this code, or when the Authority Having Jurisdiction has reasonable cause to believe that there exists in any building or upon any premises a condition or code violation which make such building or premises unsafe, dangerous or hazardous, the Authority Having Jurisdiction and/or their authorized representatives may request entry as specified in Chapter 1.12 of the National City Municipal Code. 15.79.030 Chapter 1, DIVISION II, Section R105.2 "Building" —Amended. Chapter 1, DIVISION II, Section R105.2 of the 2007 California Residential Code is amended by adding the following: 11. Playground, gymnastic and similar equipment and structures used for recreation and athletic activities accessory to Group R Division 3 structures. 12. Repairs to lawfully existing Group R Division 3 structures and Group U occupancy structures accessory to Group R Division 3 structures constructed pursuant to a building permit which involves only the replacement of component parts or existing work completed with similar materials only for the purpose of maintenance and do not affect any structural components or plumbing, mechanical or electrical installations. Repairs exempt from permit requirements shall not include any addition, change or modification in construction, exit facilities or permanent fixtures or equipment. Specifically exempt from permit requirements are: A) Painting and decorating including refinishing of exterior stucco finishes. B) Installation of floor covering. Ordinance No. 2010 — 2 Residential Code — Chapter 15.79 C) Cabinet work. D) Outside paving on private property not within the public right-of-way. E) Replacement of existing windows with no structural modification of the existing window opening. 13. Ground mounted satellite antennas not exceeding ten feet in diameter and roof mounted satellite antennas not exceeding eight feet in diameter. 14. Painted wall signs and styrofoam or other foam mounted wall signs. 15.79.035 Chapter 1. DIVISION II Section R105.3.2 "Time Limitation of Application" —Amended. Section R105.3.2 of the 2010 California Residential Code is amended to read as follows: Section R105.3.2 Time limitation of plan check application. An application for a permit shall be deemed to have been abandoned six months after the date of filing, unless such application has been pursued in good faith or the permit has been issued; except that the Authority having Jurisdiction is authorized to grant a maximum of three extensions for additional time of three months each, provided there have been no changes to the plans and no new codes have been adopted since the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be assessed for each plan check extension. The extension shall be requested in writing and justifiable cause demonstrated. 15.79.040 Chapter 1.DIVISION II, Section R105.5 "Expiration" —Amended. Section 105.5 of the 2010 California Residential Code is amended to read as follows: Section R105.5 Expiration. Every permit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within six calendar months from the date of such permit, or if the building or work authorized by such permit is stopped at any time after the work is commenced for a period of 6 calendar months, or if the building or work authorized by such permit exceeds three (3) calendar years from the issuance date of the permit. Work shall be presumed to have commenced if the permittee has obtained a required inspection approval of work authorized by the permit by the Authority Having Jurisdiction within six calendar months of the date of permit issuance. Work shall be presumed to be stopped if the permittee has not obtained a required inspection approval of work by the Authority Having Jurisdiction within each 6 month period upon the initial commencement of work authorized by such permit. Before such work can be recommenced, a new permit, or a renewal permit as specified below, shall be first obtained. 1. Permits where work has not commenced. For permits for which work has not commenced in the first six calendar months from the date of issuance, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; Ordinance No. 2010 — 3 Residential Code — Chapter 15.79 B. The expiration has not exceeded three years from the original issuance date; C. The same edition of the California codes is in effect as used in the initial plan check; D. A fee equal to one-half the amount required for a new permit is paid; E. The renewal permit shall expire three calendar years from the date of initial permit issuance. Where later editions of the California codes have been adopted than used in the initial plan check, such applications for renewal shall be considered as a new plan check submittal. Accordingly, plans shall reflect the requirements of the current codes in effect, a full new plan check is required, and a full new plan check fee shall be paid. Upon completion of a new plan check, the permit may be renewed upon payment of a permit fee equal to one-half the amount required for a new permit. 2. Permits where work has commenced. For permits where work has commenced and was subsequently stopped as defined herein, a renewal permit may be obtained provided that: A. No changes have been made or will be made in the original plans and specifications for such work; B. The expiration has not exceeded three years from the original issuance date; C. A fee equal to one-half the amount required for a new permit is paid, except that where construction has progressed and has been approved to the point of requiring only a final inspection, a fee equal to one quarter the amount required for a new permit shall be paid; D. A renewal permit shall expire three (3) calendar years from the date of initial permit issuance. 3. Permits that have exceeded three years. For permits that have exceeded three years beyond the issuance date, a renewed permit may be obtained provided that: A. Construction in reliance upon the building permit has commenced and has been approved; B. No changes have been made or will be made in the original plans and specifications for such work; C. A fee equal to the full amount required for a new permit is paid except that where the Authority Having Jurisdiction determines that construction has progressed to the point that a lesser fee is warranted, such lesser fee shall be paid. The maximum life of a permit renewal in accordance with this subsection shall be one calendar year from the date of renewal. The permit may be renewed for each calendar year thereafter provided that all requirements of (A), (B), and (C) as stated in this subsection are met. 4. Extension of an unexpired permit. For an extension of an unexpired permit, the permittee may apply for an extension of the time within which work under that permit may be continued when for good and satisfactory reasons the permittee is unable to continue work within the time required by this section. The Authority Having Jurisdiction may extend the time for action by the permittee for a period not exceeding 6 calendar months upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. Ordinance No. 2010 — 4 Residential Code — Chapter 15.79 5. Permits issued where the permittee has been deployed to a foreign country, may be held in abeyance until six months after the return of the permittee from his/her deployment if necessary, upon application for such relief by the permittee. 15.79.045 Chapter 1, DIVISION II, Section R105.7 "Placement of permit" — Amended. Section R105.7 of the 2010 California Residential Code is amended to read as follows: Section R105.7 Placement of permit. The building permit or a copy, the inspection record, and the approved plans shall all be kept on site until the completion of the project. The inspection record is to be kept on the job unless removed by the building official. 15.79.050 Chapter 1. DIVISION II, Section R105.8.1 "Permit denial" —Added. Section R105.8 of the 2010 California Residential Code is added as follows: Section R105.8.1 Permit denial. The Authority Having Jurisdiction may deny the issuance of a building permit on any property where there exists an unsafe or a substandard building as provided in the Chapters 15.10 and 15.16 of the National City Municipal Code, or where there exists unlawful construction, or where there exists a violation of the National City Municipal Code. 15.79.055 Chapter 1. DIVISION II, Section R108.2 — "Fees" —Amended. Section R108.2 of the 2010 California Residential Code is amended to read as follows: Section R108.2 Schedule of permit fees. Fees shall be assessed in accordance with the most recent fee schedule adopted by the National City City Council . 15.79.060 Chanter 1. DIVISION II, Section R108.6 "Work commencing before permit issuance" —Amended. Section R108.6 of the 2010 California Residential Code is amended to read as follows: Section R108.6 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an administrative penalty equal to the inspection fee portion the permit fee that would be required by this code if a permit were to be issued. The administrative penalty is in addition to a permit fee. When a plan review is required for issuance of such permit, the plan review fee portion will not be subject to said penalty. The payment of such administrative penalty shall not exempt any person from compliance with all other provisions of this code or from any penalty prescribed by law. 15.79.065 Chapter 1. DIVISION II, Section 109.3.8.1 "Reinspections"—Added. Chapter 1, DIVISION II, Section 109.3 of the 2010 California Residential Code is amended by adding Section 109.3.8.1 to read as follows: Section 109.3.8.1 Reinspections. A reinspection fee may be assessed for each inspection or re -inspection when any of the following occurs: Ordinance No. 2010 — 5 Residential Code — Chapter 15.79 1. The portion of work for which the inspection was called is not complete; the corrections previously required and called for are not made; 2. Calling for an inspection before the job is ready for such inspection or re -inspection; 3. The inspection record card or the approved plans are not posted or otherwise available to the inspector; 4. Failure to provide access on the date for which the inspection is requested; or, 5. Deviating from the approved plans when such deviation or change required approval of the building official. To obtain a re -inspection, the permittee shall pay the re -inspection fee as specified in the most current Fee Schedule adopted by the National City City Council . In instances where a re -inspection fee has been assessed, no further inspections shall be performed until the fees have been paid. 15.79.070 Chapter 1, DIVISION II, Section R110.4 "Temporary occupancy certificate" —Amended. Section R110.4 of the 2007 California Residential Code is amended to read as follows: Section R110.4. Temporary Occupancy Certificate. Where a project or a major portion thereof is substantially complete and can be safely occupied. but practical difficulties delay completion of work. the building official may issue a Temporary Certificate of Occupancy for the use of a portion or portions of the building or structure prior to the completion of the entire project. Prior to issuance of a Temporary Certificate of Occupancy, the premises shall be inspected by all affected City departments who shall prepare a list of work required to be completed and shall forward the list along with a recommendation for approval or disapproval of the issuance of a Temporary Certificate of Occupancy to the building official. Upon receipt of a recommendation for approval from all affected City departments. the Authority Having Jurisdiction may prepare a written document granting temporary occupancy that shall include the following: 1. Work yet to be completed; 2. Maximum time allotted for completion of said work; 3. Property owner's signature and the signature of the contractor agreeing to complete the work within the prescribed time or vacate the premises upon order of the building official until such work is completed; and 4. Evidence that a faithful performance bond has been posted if required by any affected city department. 5. A copy of a written document granting temporary occupancy shall be provided to all affected city departments. 15.79.075 Chapter 1. DIVISION II, Section R112.1 "Board of Appeals" —Amended. Section R112.1 of the 2010 California Residential Code is amended to read as follows: Section R112.1 Board of Appeals. The City Council, pursuant to National City Municipal Code Chapter 15.04, shall have jurisdiction to review the items as enumerated in Chapter 15.79 of the National City Municipal Code. 15.79.080 Chapter 1. DIVISION II, Section R113.1 "Violations" —Amended. Section R113.1 of the 2010 California Residential Code is amended to read as follows: Ordinance No. 2010 — 6 Residential Code — Chapter 15.79 Section R113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use occupy or maintain any building or structure or cause or permit the same to be done in violation of this code. Violation of any provision of this code shall be punishable as a misdemeanor and shall carry the penalties as prescribed in Chapter 1.20 of the National City Municipal Code. 15.79.085 Chapter 1. DIVISION II, Section R319.1 "Address numbers" —Amended. Section R319.1 of the 2010 California Residential Code is amended to read as follows: Section R319.1 Address numbers. Every principal building or structure within the incorporated limits of the City of National City shall be identified by a designated street number as issued by the National City Fire Department. Approved numbers or addresses shall be placed on all new and existing buildings, adjacent to the principal entrance to the premises or at a point that is highly visible and legible from the street. If necessary, directional signs shall be posted showing proper access to the given address from a point where the Fire Department access roadway leaves the dedicated street, to the entrance of each addressed building. All such numbers shall be Arabic numerals or alphabetical letters and shall be a minimum of 4 inches (102mm) high with a minimum stroke width of 0.5 inches (12.7mm), and shall be placed on a contrasting background. 15.72.090 Chapter 1. DIVISION II, Section R902.1.3 'Roofing Covering Material" — Amended. Section R902.1.3 of the 2010 California Residential Code is amended to read: Section R 902.1.3 Roof Coverings in all other areas. The entire roof covering of every existing structure where more that 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of the roof of every existing structure , shall be a fire - retardant roof covering that is at least Class B. 15.79.095 Plan Review Fees. When plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in the current City of National City fee schedule. 15.79.100 Applications and extensions. An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Authority Having Jurisdiction is authorized to grant a maximum of three extensions for an additional time of three months each provided there have been no changes to the plans and that no new codes have been adopted since the initial plan check was conducted. A fee equal to 25% of the initial plan check fee will be assessed for the second and subsequent plan check extensions. The extension shall be requested in writing and justifiable cause demonstrated. --- Signature Page to Follow --- Ordinance No. 2010 — 7 Residential Code — Chapter 15.79 PASSED and ADOPTED this day of , 2010. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor Ordinance No. 2010 — 8 Residential Code — Chapter 15.79 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 9, 2010 AGENDA ITEM NO. 21 'EM TITLE: An Ordinance of the City Council of the City of National City, adopting the 2010 California Fire Code of the California Code of Regulations, Title 24, and appendices thereto and the National Fire Protection Association Standards, amending certain sections; providing penalties for violation thereof; and amending Chapter 15.28 of the National City Municipal Code (Fire) PREPARED BY: Robert Hernandez PHONE: X4550 EXPLANATION: DEPARTMENT: Pre DepartmentC APPROVED BY: State law requires that the City of National City adopt the California Fire Code, 2010 Edition subsequently these codes are being submitted for adoption. Technical amendments made to those codes needed due to topographical, geographical, or climatic conditions. Specific findings regarding the local technical amendments must be made by the local jurisdiction and filed with the Department of Housing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. The following ordinance addresses one of the most significant changes: All new single family homes constructed in the State of California will require an approved and installed sprinkler system per the California Fire Code 2010 Edition Chapter 9. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: X FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Introduce Ordinance BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: �ff Report _dinance CITY OF NATIONAL CITY FIRE DEPARTMENT Phone: (619) 336-4550 MEMORANDUM DATE: October 28, 2010 TO: Mayor and City Council FROM: Robert Hernandez. Fire Marshal SUBJECT: Recommendations for Adoption of the 2010 California Fire Code and Amendment to Tiles 15 of the National City Municipal Code This report is intended to provide the Mayor and City Council with a brief over -view of significant technical changes to the 2010 California Fire Code. A copy of the 2010 California Fire Code is on file at the Fire Department. State law requires that the City of National City adopt the same model codes as the State of California and limit technical amendments to those necessitated due to local topographical, geographical, or climatic conditions. Specific findings regarding local technical amendments must be made by the local jurisdiction and filed with the Department of Housing and Community Development. State law does not restrict local amendments to the administrative provisions of the codes. In order to simplify construction in National City, staff is recommending that the code be adopted with minimal revisions. California Fire Code There have been multiple Articles and Sections, which have received language revisions. These revisions address issues as simplistic as condensing the information and language clean up, to addressing new standards being utilized. The following are a few highlights of changes which have occurred, in the Fire Code: Chapter 9, section 903 has expanded the requirements for automatic fire sprinkler system, to coordinate with the requirements of the newly published Residential Code which adds fire sprinklers to residential construction. Additional sections have been revised to stay current with changes is technology. A new Chapter 45 has been added specifying fire protection requirements for marinas. The chapter includes general precautions and fire protection equipment provisions. A new Chapter 46 has been added to cover constructions requirements for existing buildings. This Chapter clarifies the requirements for existing building that were built prior to the adoption of this code. Other revisions to the 2010 California Fire Code include numerous small changes to help clarify the code and revisions to keep the code up to date with current technology in construction. The following information is a summary of some of the highlights which can be found in the new 2010 edition of the California Fire Code ORDINANCE NO 2010 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE 2010 CALIFORNIA FIRE CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9, APPENDICES THERETO, AND THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS; AND AMENDING CHAPTER 15.28 OF THE NATIONAL CITY MUNICIPAL CODE The City Council of the City of National City does ordain as follows: Section 1. The City Council of the City of National City hereby adopts the 2010 California Fire Code, Title 24, Part 9 of the California Code of Regulations, the Appendices thereto, and the National Fire Protection Association Standards with the amendments set forth in Section 3 of this ordinance as the fire code for this city. Section 2. The City Council finds that the amendments being made in this Chapter 15.28 are reasonably necessary because of local climatic, geological, or topographical conditions: namely, that the age of structures, separation and density create and increased risk of conflagration meriting more stringent standards. A copy of this ordinance shall be filed with the Office of the State Fire Marshal and the State Building Standards Commission. This action is taken pursuant to Health and Safety Code sections 17958.7 and 18941.5. Section 4. The City Council of the City of National City hereby amends and deletes certain sections of the 2010 California Fire Code, based on local climatic, topographic or geological conditions that justify deviating from said Code. Section 5. The City Council of the City of National City hereby amends Title 15, Chapter 15.28 to read as follows: CHAPTER 15.28 CALIFORNIA FIRE CODE Sections: 15.28.002 Findings and declarations. 15.28.010 2010 California Fire Code, 2010 Edition —Adopted. 15.28.020 Establishment and duties of fire prevention bureau. 15.28.030 Definitions. 15.28.035 Establishment of limits of districts in which storage of cryogenic fluids in stationary containers is prohibited. 15.28.040 Establishment of limits of districts in which storage of Class I and II liquids in outside aboveground tanks is prohibited —Amended. 15.28.050 Establishment of limits in which storage of liquefied petroleum gases is prohibited. 15.28.060 Section 3301.2 "Establishment of Limits for Storage of Explosives and Blasting Agents is to be Prohibited" —Amended. 15.28.070 Amendments made to the 2010 California Fire Code. 15.28.080 Section 101.5 "Referenced Codes" —Amended. 15.28.085 Section 307.4.1 "Bonfires" —Amended. 15.28.090 Section 307.4.2 "Recreational Fires" —Amended. 15.28.100 Section 1011.5.1 "Graphics" —Amended. 15.28.110 Section 316 "Storage of Empty Wooden or Plastic Pallets" —Supplemented. 15.28.120 Section 503.2.7 "Grade" —Amended. 15.28.130 Section 503.6.1 "Security Gates" —Amended. 15.28.140 Appeals. 15.28.150 New materials, processes or occupancies, which may require permits. 15.28.160 Penalties. 15.28.170 Repeal of conflicting ordinances. 15.28.180 Validity and severability. 15.28.190 Date of effect. 15.28.002 Findings and declarations. The city council of the city of National City, does specifically and expressly find and declare that the nature and uniqueness of the local climate, geographical and topographical conditions in the city of National City does reasonably necessitate and demand specific changes in and variations from the 2010 California Fire Code, which are noted in and made part of this chapter as authorized by Health and Safety Code Sections 17958.7 and 18941.5. These conditions result from the age and concentration of structures and the increased risk of conflagration spread as a result. 15.28.010 2010 California Fire Code 2010 Edition --Adopted. There is adopted by the city council of the city of National City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion and establishing a fire prevention bureau a certain code known as the 2010 California Fire Code, and the appendices thereto, published by the International Code Council and the California Building Standards Commission, and the National Fire Protection Association Standards (current edition) published by the National Fire Protection Association, and the whole thereof, save and except such portions as are hereinafter deleted, added, or amended. Within this chapter, those codes may be collectively referred to as the California Fire Code. One copy of this adopted code is on file in the office of the fire chief of the city of National City. The code is adopted and incorporated as fully as if set out as length herein, and from the date on which this chapter shall take effect, shall be controlling within the limits of the city of National City. 15.28.020 Establishment and duties of fire prevention bureau. A. The California Fire Code shall be enforced by the fire prevention bureau in the fire department in the city of National City, which is established and shall be operated under the supervision of the chief of the fire department. B. The battalion chief/fire marshal in charge of the fire prevention bureau shall be appointed by the chief of the fire department of the city of National City. C. The director of emergency services may detail members of the fire department as inspectors as shall from time to time be necessary. The chief of the fire department shall recommend to the city manager of National City the employment of technical inspectors, who, Ordinance No. 2010 — 2 Fire Code — Chapter 15.28 when such authorization is made, shall be selected through an examination to determine their fitness for the same position. 15.28.030 Definitions. A. The word "jurisdiction" used in the 2010 California Fire Code means the City of National City. B. Whenever the words "chief of the bureau of fire prevention" are used in the California Fire Code they shall be held to mean the fire marshal of the city of National City. C. Where reference to the Uniform Building Code, or Building Code, or any Nationally Recognized Standard is made, it means the currently adopted edition. D. Where the word "Administrator" is used in the California Fire Code, it shall be held to mean the city council of the City of National City. Whenever the term "city" is used it means the city of National City. E. Where the term "Corporation Counsel" is used in the California Fire Code, it shall be held to mean the city attorney for the City of National City. F. "Fire Authority Having Jurisdiction (FAHJ)" means the designated entity providing enforcement of fire regulations as they relate to planning, construction and development. This entity may also provide fire suppression and other emergency services. G. Whenever the terms "this code" and "2006 International Fire Code" are used they mean the 2007 California Fire Code as modified by the City of National City with the deletions, amendments, and additions contained in this Chapter. H. Whenever the terms "chief", "fire chief", "chief of the fire department" are used they mean the "director of the department of emergency services". 15.28.035 Establishment of limits of districts in which storage of cryogenic fluids in stationary containers is prohibited. Section 3204.3.1.1 of the 2007 California Fire Code is amended to read as follows: The Establishment of Limits for Storage of Flammable Cryogenic Fluids. The storage of flammable cryogenic fluids is prohibited in all areas within the City limits of National City, except within the following zones as established by the National City Land Use Code: MM; Medium Manufacturing, MH; Heavy Manufacturing, MT; Tidelands Manufacturing. 15.28.040 Establishment of limits of districts in which storage of Class I and II liquids in outside aboveground tanks is prohibited --Amended. The limits referred to in Sections 3404.2.9.5.1 and 3406.2.4.4 of the 2007 California Fire Code in which the storage of flammable or combustible liquids is restricted are established as follows: All areas within the city limits of the city of National City except for those areas zoned commercial or manufacturing, as established, defined, and set under the zoning regulations in Title 18 of the National City Municipal Code. 15.28.050 Establishment of limits in which storage of liquefied petroleum gases is prohibited. The limits referred to in Section 3804.2 of the California Fire Code, in which storage of liquefied petroleum gas is restricted, are established as follows: All areas within the city limits of the city of National City, except for those areas zoned commercial or manufacturing, as established, defined, and set under zoning regulations in Title 18 of the National City Municipal Code. Ordinance No. 2010 — 3 Fire Code — Chapter 15.28 15.28.060 Section 3301.2 "Establishment of Limits for Storage of Explosives and Blasting Agents is to be Prohibited" --Amended. The permanent storage of explosives and/or blasting agents shall be strictly prohibited within the city limits of the city of National City. Temporary storage may be allowed, by permit, during setup for excavation, demonstration, or other use, when in the opinion of the fire marshal, there are significant measures in place to ensure public safety. 15.28.070 Amendments made to the 2010 California Fire Code. The geographical density of the city of National City, the dry southern California climate, which is subject to annual drought conditions, make the following amendments set out in Sections 15.28.080 through 15.28.130 necessary and meet the conditions described in Section 15.28.002, Findings and declarations. 15.28.080 Section 101.5 "Referenced Codes" --Amended. Section 101.5 of the 2010 California Fire Code is amended to read as follows: 101.5 The codes, standards and publications adopted and set forth in this code, including other codes, standards and publications referred to therein are, by title and their most current edition, hereby adopted as standard reference documents of this code. When this code does not specifically cover any subject related to building design and construction, recognized fire engineering practices shall be employed. The National Fire Codes and the Fire Protection Handbook of the National Fire Protection Association are permitted to be used as authoritative guides in determining recognized fire -prevention engineering practices. 15.28.085 Section 307.4.1 "Bonfires" --Amended. Section 307.4.1 of the California Fire Code is amended to read as follows: 307.4.1 Bonfires. Bonfires are strictly prohibited within the City Limits. 15.28.090 Section 307.4.2 "Recreational Fires" --Amended. Section 307.4.2 of the California Fire Code is amended to read as follows: 307.4.2 Recreational Fires. Recreational Fires are strictly prohibited within the City limits. 15.28.100 Section 1011.5.1 "Graphics" --Amended. Section 1011.5.1 of the California Fire Code is amended to read as follows: 1011.5.1. Graphics. Every exit sign and directional exit sign shall have plainly legible letters not less than 6 inches (152 mm) high with the principal strokes of the letters not less than 0.75 inch (19.1 mm) wide. The word "EXIT" shall have letters having a width not less than 2 inches (51 mm) wide, except the letter "I," and the minimum spacing between letters shall not be less than 0.375 inch (9.5 mm). Signs larger than the minimum established in this section shall have letter widths, strokes and spacing in proportion to the height. The word "EXIT" shall be green in color and in high contrast with the background and shall be clearly discernible when the means of exit sign illumination is or is not energized. If a chevron directional indicator is provided as part of the exit sign, it shall be green in color, the construction shall be such that the direction of the chevron directional indicator cannot be readily changed. Ordinance No. 2010 — 4 Fire Code — Chapter 15.28 15.28.110 Section 316 "Storage of Empty Wooden or Plastic Pallets" -- Supplemented. Section 316 of the 2010 California Fire Code is added as follows: 316. Storage of Empty Wooden or Plastic Pallets. The storage of empty wooden or plastic pallets is prohibited, except as follows: 1. Outdoor Storage. Pallets may be stored outside of a building or in a detached building. Pallets shall not be stacked closer than 5 feet from any building. 2. Indoor Storage. Pallets shall not be stored indoors unless the premises are protected with an automatic fire sprinkler system in accordance with NFPA Standard 13, section titled Protection of Idle Pallets, except when both of the following conditions are met: a. Pallets are stored no higher than 6 feet. b. Each pallet pile of no more than 4 stacks shall be separated from other pallet piles by at least 8 feet of clear space and 25 feet from any commodity. 15.28.120 Section 503.2.7 "Grade" --Amended. Section 503.2.7 of the 2007 California Fire Code is amended as follows: 503.2.7. Grade. The maximum permitted gradient for a fire apparatus access road shall not exceed 15%. 15.28.130 Section 503.6.1 "Security Gates" --Amended. Section 503.6.1 of the 2010 California Fire Code is amended as follows: All gates or other structures or devices which could obstruct fire access roadways or otherwise hinder emergency operations are prohibited unless they meet standards approved by the Chief, and receive Specific Plan Approval. All automatic gates across fire access roadways and driveways shall be equipped with an approved key -operated switches overriding all command functions and opening the gate(s). Gates accessing more than four residences or residential lots, or gates accessing hazardous institutional, educational or assembly occupancy group structures, shall also be equipped with an approved emergency traffic control -activating strobe light sensor(s), or other devices approved by the Chief, which will activate the gate on the approach of emergency apparatus with a battery back-up or manual mechanical disconnect in case of power failure. All automatic gates must meet fire department policies deemed necessary by the Chief for rapid, reliable access. 15.28.140 Appeals. Whenever the director of the department of emergency services or his/her duly authorized representative disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision to the city council, as established by and pursuant to Chapter 15.04, within ten days from the date of the decision. 15.28.150 New materials, processes or occupancies, which may require permits. The building and safety director, the chief of the fire department and the fire marshal shall act as a committee to determine and specify, after giving effected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits in addition to those Ordinance No. 2010 — 5 Fire Code — Chapter 15.28 now enumerated in said code. The fire marshal shall post such list in a conspicuous place in his/her office and distribute copies thereof to interested parties. 15.28.160 Penalties. Any person who shall violate any of the provisions of the 2010 California Fire Code adopted or any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved is guilty of a misdemeanor. 15.28.170 Repeal of conflicting ordinances. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this chapter or of the code or standards adopted are repealed. 15.28.180 Validity and severability. The city council of the city of National City declares that should any section or portion this chapter or of the code or standards adopted be declared for any reason to be invalid, it is the intent of the city council of the city of National City that it would have passed all other portions of this chapter independent of the elimination of any portion as may be declared invalid. It is further the intent of the city council that if any portion declared invalid can be severed from the remainder, or be construed in such a manner as to give valid meaning and effect to the remaining portions, then it may be so severed or construed so as to carry out the purpose and intent of this code. 15.28.190 Date of effect. This Chapter shall take effect and be in force from and after its approval as required by law. PASSED and ADOPTED this day of , 2010. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor Ordinance No. 2010 — 6 Fire Code — Chapter 15.28 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 9, 2010 AGENDA ITEM NO. 22 eport: Update to the City Council on the Business Outreach and Retention Program: First monthly business license report PREPARED BY: Colby Young, Project Manager DEPARTMENT: Redevelopmentn PHONE: X4297 APPROVED BY: rp EXPLANATION: On October 5, 2010 City Council requested staff look at the possibility of reaching out to new businesses coming to National City to inform them of City resources and requested staff provide a regular monthly report of new business licenses issued in the City. Attached is the first of these ongoing reports. The Finance Department provided a printout of new business licenses distributed in September 2010. The list indicates the business start date, name, address, primary contact, business phone number, and SIC code. The list identifies licenses issued to all businesses types, including home businesses and businesses operating at the National City Swap Meet. Businesses with the address listed as 3200 D Avenue are businesses operating at the National City Swap Meet. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: _ist of Business Licenses Issued in September 2010 Time BPM L1 I I AUhMI NT 1 New Business Report With Ph 10/20/2010 Start Data Bus No. Business Name Address Business City State Zip Primary Contact Bus Phone SIC 09/01/2010 81588 E & S AUTO WORKS 202 W 11TH ST NATIONAL CITY CA 91950-3219 WHITMAN, MICHAEL (619)757-0979 7532 09/30/2010 81591 09/15/2010 81594 09/01/2010 81598 BASKIN ROBBINS-PLAZA BONITA SHOE PALACE #26 ALL POINTS SECURITY 3030 PLAZA BONITA R 3030 PLAZA BONITA R 1247 HIGHLAND AVE S NATIONAL CITY NATIONAL CITY NATIONAL CITY CA CA CA 91950-8033 91950-8011 91950-3552 AHUJA, KAPIL (PRES) MERSHO, GEORGE (PRES) WEBB, HAKIM (619)267-7100 (408)629-1000 (619)336-9854 5812 5661 5999 09/02/2010 81599 JUAN MORALES 3200 D AVE NATIONAL CITY CA 91950-7326 MORALES, JUAN (619)869-8777 5999 09/02/2010 81602 SILVER ETC 3200 D AVE NATIONAL CITY CA 91950-7326 RUBIO, GUADALUPE 09/08/2010 81604 BROTHER KEEPERS INDEPENDENT LIVI 09/07/2010 81606 09/07/2010 81607 FAUSTO BAUTISTA ESPINOZA DAY BY DAY CALENDAR 2340 RACHAEL AVE 3200 D AVE 3030 PLAZA BONITA R NATIONAL CITY NATIONAL CITY NATIONAL CITY CA 91950-6246 CA 91950-7326 CA 91950-8009 BENJAMIN PLATA (361)633-7039 5944 (619)202-4022 8361 FAUSTO ESPINOZA MICHAEL EDWARDS (619)737-0734 5999 (619)479-4732 5999 (734)477-1100 09/09/2010 81608 09/09/2010 81609 09/13/2010 81610 09/13/2010 81616 09/14/2010 81618 09/14/2010 81619 09/15/2010 81620 NOBONALA MARIBEL CABRERAA CAR AUDIO CITY GLORIA DIAZ ANTONIO OLGUIN MANNKINE LLC HIGHLAND NUTRITION 09/16/2010 81624 ROCIO'S 09/16/2010 81625 SSISSI STUFF 09/16/2010 81626 DYNAMIC HEALTH CENTER 3200 D AVE 3200 D AVE 2907 HIGHLAND AVE 2205 1/2 N AVE 3200 D AVE 105 W 35TH ST STE K 101 N HIGHLAND AVE S 3200 D AVE 3200 D AVE 910 A AVE 09/22/2010 81630 BEATRIZ SUAREZ 3200 D AVE NATIONAL CITY CA 91950-7326 NATIONAL CITY CA 91950-7326 NATIONAL CITY CA 91950-7414 NATIONAL CITY CA 91950-6013 NATIONAL CITY CA 91950-7326 NATIONAL CITY CA 91950-7923 NATIONAL CITY CA 91950-1435 NATIONAL CITY CA 91950-7326 NATIONAL CITY CA 91950-7326 SAMANTHA LOPEZ MARIBEL CABRERA JOSE PINTADO GLORIA DIAZ ANTONIO OLGUIN DAN MANN DANIEL GREENE MURILLO, ROCIO GONZALEZ, GRACIE 09/20/2010 09/21/2010 09/21/2010 09/21/2010 09/27/2010 09/23/2010 09/23/2010 09/23/2010 09/30/2010 09/23/2010 09/28/2010 09/28/2010 09/28/2010 09/29/2010 09/29/2010 09/29/2010 81631 J L RICE CORPORATION 81634 J R 8 PROPERTY MAINTENANCE 81638 ARELY CARMONA 81639 CANDELARIO BALANZAR 81640 STACY'S MENSWEAR 81644 T S COMPANY 81645 GUILLERMO ESTRADA DIAZ 81646 ROBERT DAVID DY 81647 MARIA GUADALUPE BREMERMAN 81649 NATIONAL CITY GROCERY OUTLET 81651 PRINCESA 81652 JUMP 4 ADAN 81654 GILMAR DIVING 81655 'ADIOS CLUTTER' 81656 WHEELER'S SCRUB UNIFORMS 81657 RINCON'DELMAR Total number of Accounts LicenseTrack 36 241 W 35TH ST 327 W 11TH ST STE B 3200 D AVE 3200 D AVE 3030 PLAZA BONITA R 1616 HOOVER AVE 3200 D AVE 3200 D AVE 3200 D AVE 3446 HIGHLAND AVE 3030 PLAZA BONITA R 131 E 12TH ST 7 N KENTON AVE 924 A AVE 3106 E PLAZA BLVD 314 HIGHLAND AVE NATIONAL CITY NATIONAL CITY NATIONAL CITY NATIONAL CITY NATIONAL CITY NATIONAL CITY NATIONAL CITY NATIONAL CITY NATIONAL CITY NATIONAL CITY NATIONAL CITY NATIONAL CITY NATIONAL CITY NATIONAL CITY NATIONAL CITY NATIONAL CITY NATIONAL CITY NATIONAL CITY CA 91950-3318 CA 91950-7326 CA 91950-7920 CA 91950-3220 CA 91950-7326 CA 91950-7326 CA 91950-8010 CA 91950-4438 CA 91950-7326 CA 91950-7326 CA 91950-7326 CA 91950-7420 CA 91950-8009 CA 91950-3311 CA 91950-2138 CA 91950-3318 CA 91950-3932 CA 91950-1510 QUARLES, TODD W (619)424-8935 (619)922-9119 (619)474-8551 (619)336-0649 (619)846-5720 (619)251-9114 (619)933-6167 (619)872-3347 5999 5999 5531 8351 5999 5099 5399 5999 (619)581-8130 5999 (619)434-8790 8049 BEATRIZ SUAREZ JOSETTE RICE JAMES BEAUCHAMP Carmona Arely CANDELARIO BALANZAR HERNAN RAED MUSTAFA YAO NGO ESTRADA DIAZ ROBERT DY MARIA BREMERMANN EDUARDO JIMENEZ ROSALES, MARGARITA F BAILON, ADAN M CESENA, PATRICIA (PARTNER) DECOOMAN, DANA WHEELER, NOEMI LOPEZ, JUAN (619)475-7362 5999 (619)425-0400 8742 (619)672-8833 6531 (619)661-9072 5999 (619)876-9032 5999 (909)518-4546 561 (619)718-0651 1721 (619)263-1403 5999 (619)336-1424 5999 (619)428-2580 5999 (619)420-7134 5411 (619)472-9009 5999 (619)823-3896 7359 (619)339-0749 8999 (619)773-7572 8999 (619)589-1950 5999 (619)955-3555 5812 new business 05/30/2007 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 9, 2010 AGENDA ITEM NO. 23 EM TITLE: A Request to Initiate a Street Vacation to vacate portions of D Avenue south of 31st Street and 32nd Street east of D Avenue (Applicant: Sudberry Properties, Inc.) (Case File No. 2008-37 SC). PREPARED BY: Martin Reeder DEPARTMENT: Develos/Planning. PHONE: 619-336-4313 APPROVED BY: EXPLANATION: The proposed street vacation is in conjunction with a pending shopping center development that will be before the City Council December 7, 2010. The project area is between National City Boulevard and F Avenue south of East 31st Street and north of State Route 54. The street vacations requested are 750 feet of the easterly 40 feet of D Avenue and a 560-foot section of 32'd Street east of D Avenue. The attached exhibit shows the area to be vacated Part of the project area lies within the City of Chula Vista, an area which includes the westerly 40 feet of D Avenue and part of 32nd Street west of D Avenue. The applicant is pursuing similar a street vacation request in Chula Vista. The City's Street Vacation Procedures adopted in January 2006 require that the City Council initiate a request to ate any public streets. A complete report will be presented to the Council at the scheduled hearing along with commendation by the Planning Commission. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff recommends the Council initiate a Street Vacation to vacate the portion of D Avenue south of 31st Street and the portion of 32nd Street east of D Avenue. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Application 2. Map of proposed street vacation NATIONAL CITY, CALIFORNIA STREET or ALLEY VACATION REQUEST Make checks payable to the City of National City File application with the: National City Planning Department 1243 National City Boulevard National City, California 91950 (619) 336-4310 FOR DEPARTMENT USE ONLY Case Number Filing Fee $ Receipt No. Date Received By E.A.F. Required Fee $ Related Cases NOTE: Streets, alleys, or portions thereof may only be vacated upon a finding that property in question is not needed for present or future uses as a street. Sce attached Vacation Procedures for more information. Please consider my request for the vacatt��;on of 1 . a ♦ 6CJf�. �` located between �-t bL (,L ,�#(J, �{ r� ujait) me, and as more particularly shown and described on drawing of area to be vacated, prepared by milS K W 1* dated . a [I -OD , an original and 20 copies of which are attached hereto. REASON FOR REQUEST (Attach additional pages if insufficient space below) n l2 A kArTc T WjU.. t` eNb"G NeWSP r CJ a ttA MAP -GO s-t T IWAT Ot/ V - oft CIS Title Examination Report obtained by date (attach copy) First American Title Insurance Co. June 9, 2009 (see Tab 9) Street or .Alley Vacation Request Application Revised December, 1998 Page 1 of2 THE CITY OF NATIONAL CITY APPLICATION FOR STREET VACATION ATTACHMENT 1 PROPERTY OWNER(S) of all property included in this application. Name: DERCO Properties, LLC, a Cliforrnj limited liability company By: Michael W. Derr, Manager (Signature acknowledges that this application is being filed) Name: "DERCO" Derr Family Ventures L.P., a California limited partnership By: Derr Management Services, Inc., a California Corporation Its: General Partner By: nne B. Derr. President Address: P.O. Box 304 Spring Valley, CA 91976 Phone No. (619) 472-0120 Fax No. (619) 472 - 1435 Date: kf APPLICANT Name: By: Its: NCSDI No. 1, LLC a California limited liability company Sudberry Development, Inc., a California corporation Manager Signature: Name: Community Development Commission for the City of National City By: Brad Raulston, Executive Director (Signature acknowledges that this application is being filed) Address: 1243 National City Blvd. National City, CA 91950 Phone No. (619) 336-4256 Fax No. (619) 336-4286 Date: Mark K. Ra'delow, Vice President (Signature acknowledges that his application is being filed) Address: 5465 Morehouse Drive, Suite 260, San Diego, CA 92121 Phone No. (858) 546-3000 Fax No: (858) 546-3009 Date: SI ! /07 2 0 NOT TO SCALE National City Chula Vista .pt Project Boundary —"— City Boundary Area to be Vacated CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 9, 2010 AGENDA ITEM NO.24 BEM TITLE: TEMPORARY USE PERMIT — Sweetwater Harley-Davidson "Vatos y Viclas" event at 3201 Hoover Avenue on November 13, 2010 from 8 p.m. to 12 a.m. with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neighborhood Services Division APPROVED BY: This is a request from the Sweetwater Motorcycles Inc. to conduct the Vatos y Viclas event at 3201 Hoover Avenue on November 13, 2010. This is a motorcycle run which will start in Placita Overa, Los Angeles and will end at Chicano Park, San Diego. Participants will then proceed to have the club gathering event here in National City which will include at caterer for food and beverages, a band and a DJ in the upper deck of the facility. No City services are been requested. FINANCIAL STATEMENT: ACCOUNT NO. The City has incurred $237.00 for processing the TUP through various City departments and $200.00 for Fire Department Total fees are $437.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: 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: 0/2e/'o N/A ATTACHMENTS: plication for a Temporary Use Permit with recommended approvals and conditions of approval. Actual Event Hours: 8. Qv ar„#pm to / 2 . D 61m/pra Setup/assembly/construction Date: (/ - / 3 Start time: r? : D or ,, t Please describe the scope of your setup/assembly work (specific details): Type of Event: Public Concert Parade Motion Picture Fair _ Festival Community Event _ Demonstration Circus Block Party Grand Opening Other Event Title: V y Event Location: Z D Event Date(s): From / / / 3 to t 1 / 3 Total Anticipated Attendance: Month/Day/Year ( 200- 3o > Participants) Spectators) Dismantle Date: /! - 3 Completion Time: /7 0 6 aml r-, 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. Sponsoring Organization: t.v--e'14�') aFpF l- Chief Officer of Organization (Name)-..-s,.e�, �/ Not -for -Profit Applicant (Name): Address: 3 Z o Daytime Phone: ciq q2-%-jj)..11 vening Phone: ( ) Contact Person "on site" day of the event:��/��L Pager/Cellular: Lj (Q `� L/ - / ZD 0 oZ / 2 — ?o 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? YES \/. NO Are admission, entry, vendor or participant fees required? _ YESO 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. $ 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. aY1ii PA-�Ty ,vim fW.k-gyl^1p, ,l /41 1 T , - ,4' € 2 .r o YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sate: 2 YES NO Does the event involve the sale or use of alcoholic beverages? YES _ NO Will items or services be sold at the event? If yes, please describe: YES leryv Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES �fVO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES 1...46 Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES l/NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. s Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): rtable and/or Permanent Toilet Facilities Nu • ber of portable toilets: (1 for every 250 p ople is required, unless the app ant can show that there are facilities in the immedi. e area available to the public durinhe event) • Tables d Chairs ✓ Fencing, t . rriers and/or barricades • Generator •cations and/or source of electricity ▪ Canopies or -nt locations (include tent/canopy dimensions) • Booths, exhibit displays or enclosures • Scaffolding, blea.. ers, platforms, stages, grandstands or related stru ures ➢ Vehicles and/or tra rs Other related event . mponents not covered above r Trash containers and • musters (Note: You must proper) .ispose of waste and garbage throughout the to .f your event and immediately upo conclusion of the event the area must be returnee to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event. 3 7 Please describe your procedures for both Crowd Control and Internal Security: YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES _ 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. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. AYES 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: Number of Bands: `� b' V Type of Music: AXES NO Will sound amplification be used? If YES, please indicate: Start time: 8 0 0 -a i1pm Finish Time 1-2_ ' am/ m' YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES VtJO Fireworks, rockets, or other pyrotechnics? 1f YES, please describe: YES 1 Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 5 Event: For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 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 Address Telephone Date(s) f Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 REQUEST WAIVER OFOFy.F.E S Non-profit organizations, which meet the criteria on pag- of the instructions, will be considered for a waiver. If you would like to reque a waiver of the processing fees, please complete the questionnaire • -low. 1. Is the event for which the TUP is sough sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form a • submit it with the TUP Application) 2. Please state the name and ty.e of organization sponsoring the event for which the TUP is sough and then proceed to Question 3. Name of the sponsoring . ganization Type of Organization (Service Club, Church, Social S ice Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Pleas sign the form and submit it with the TUP Appl' ation) 4. Will the proc eds provide a direct financial benefit to an individual who reside in or is employed in the city, and who is in dire financial need due t. health reasons or a death in the family? Yes Please provide an explanation and details. o (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. 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) Signature Dat 9 CALIFO&7tA NA.` i® y City of National City Fire Department INCORPOR O Phone (619) 336-4550 TEMPORARY USE PERMIT - STIPULATIONS DATE: October 21, 2010 TO: Vianey Rolon, Neighborhood Services FROM: Robert Hernandez, Fire Marshal SUBJECT: Vatos Y Viclas Date: November 13, 2010 Stipulations required by the Fire Department for this event are as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Access to Sweetwater Harley Davidson to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 3) Fire Department access into and through the event areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 4) Fire Hydrants shall not be blocked or obstructed. 5) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 6) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 7) Extinguisher to be mounted in a visible location between 31' to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 8) All cooking booths or areas to have one 2A:10BC. If grease or oil is used for cooking, a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example. 9) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Please see Fire Department for direction. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. A permit for the projected canopies/tents shall be four hundred ($400.00) dollars. Fees can only be waived by City Council. 11) Canopies: Tents: 0 — 400 sf - 401 — 500 sf - 501 — 600 sf - 601 — 700 sf - 0 —200 sf - 201 — (+) sf - $0 $250.00 $300.00 $400.00 $200.00 $400.00 Fire Department access into and through the booth areas are to be maintained at all times. A fire safety inspection is to be conducted by the Fire Department prior to op- .tio. - : the entire event. Fee for after hour/weekend inspection shall 0.00 do lars for the first two hours. A fee of $100.00 dollars shall be ed for e ery hour (or part) after the first two hours. 12) Building Official shall be contacted for appropriate and required occupancy load and exiting requirements for upper deck. Note: Total fee amount for all Fire Department permits is ($200.00). Fees can only be waived by City Council. Please contact the Fire Department for assistance If you have any questions please feel free to contact me. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: November 9, 2010 AGENDA ITEM NO. 25 T TITL. r-equest from Samahan (aka Community Health Center/United Fil-Am Senior Citizens of San Diego) to use Kimball Senior Center on the last Saturday of each month from 1fQ0am-3:00prn for their monthly social/dance club. PREPARED BY: Brenda E. Hodges DEPARTMEN T: PHONE: X4290 APPROVED BY: EXPLANATION: See attached INANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Requesting direction from Council BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: Explanation (1 page) Letter/Packet from Samahan (19 sheets) Explanation f'or A200 Background As part of the Service Reduction proposals considered at the August 10, 2010 workshop, The City council voted to close the Senior Center on Fridays and to stop staffing outside events on Sundays by transitioning the existing groups to new locations. One of these groups is Samahan/Fil-Am Seniors, which gathers monthly for a social/dance event on the last Saturday of every month from 10am-3pm. Estimated attendance each month is up to 150. Based on your direction, we notified the Samahan group that their last day of operation at the Senior Center would be on Friday, September 25, 2010, and began the process of finding a new day/location for them. Per their undated letter (received approx 10/20/10), they prefer to continue using Kimball Senior Center due to it's proximity to the Senior Towers and surrounding neighborhoods, and due to the affordability (see below). Fees: Samahan has been paying $100/month which is the rate usually given to local Service Groups (ie: Rotary,Kiwanis, etc). The standard rate to rent Kimball Senior Center would he: Facility Rental for 5 hours Custodial Fee Set Up/Clean Up: Building use Fee: Staff Time $70.36/hr x 5 hours: $35.00/hr x 5 hours: $35.00/br x 4: $11.00/hr x 5: $351.80 $175.00 $140.00 $ 50.00 $ 55.00 $771.80 A refundable cleaning deposit of $100 would also be required. Council direction is requested regarding: • Allowing them to continue using the facility, on a day it is closed • Allowing them to continue paying $100/month even though they're not a Service Group, but adding a $55 fee to cover the CSD staff time to open/close/monitor the event • Charge them the full rental rate of $771.80/month? • Start elate for use permit: The last Saturday of the month falls on 11/28 when the City is closed for Thanksgiving, and on 12/26 when the City is closed for the furlough period. Staff will not be available on either of those dates to work the event. The group may be flexible in their dates for Nov/Dec or may choose to wait until January 2011 to enact their permit OPERATION SAMAHAN Community Health Center "Building healthier and happier communities together." Ms. Brenda E. Hodges, CPM Director, Community Services City of National City 140 E. 12th Street, Suite B National City, Ca 91950 Dear Ms. Hodges: As a fiscal sponsor/agent for the United Fil-Am Senior Citizens of San Diego (UFASCSD), I am writing this letter to appeal for the extended use of the Kimball Senior Center Multi -Purpose Hall Facility'every last Saturday of each month, 10:00 am to 3:00 p.m. , beginning October 2010. Our appeal is based on the following: (1) UFACSCSD has established a health and socio-cultural tradition within this facility among its senior and elderly members since 1992. Filipino seniors have used this monthly gathering at Kimball Senior Center not only as a form of social network but more important, as a source of health information and support that have resulted in the. improvement of lives among senior members. (2) Kimball Senior Center is highly accessible to UFACSCSD. Many of its members live within Kimball Senior Center and/or within walking distance from the site. (3) Based on research, Kimball Senior Center Is the most affordable site they could find. Other sites that they have contacted charge at least $100/hour with a deposit fee that they could hardly afford. With all these reasons, we appeal to the Council for the Filipino Seniors to use this facility. We are willing to bear additional nominal costs that may be related to the facility's use on Saturday. Should you have additional questions regarding this request, please do not hesitate to contact our Development Manager, Fe Seligman, at 619.471.5433. You may also e-mail her at feseligman@operationsamahan.org. I look forward to your favorable response. Sinc Joel (. San Juan, CEO 2835-B Highland Avenue, National City, CA 91950•Phone (619) 477-4451•Fax (619) 474-4008 www.operationsamahan.org BY-LAWS OF OPERATION SAMAHAN, INC. (As amended October 21, 2009) ARTICLE I: PURPOSE OF THE CORPORATION Operation Sarnahan, Inc. is formed under California General Non -Profit Corporation Code Title 1, Part 1, for charitable and educational purposes. It also qualifies as a non-profit corporation under the provisions of Section 501(c)(3) of the Internal Revenue Code as amended. As set forth in the Articles of Incorporation, Operation Samahan, Inc. has been formed for the following purposes: (1) To provide health and social services such as preventive and curative medical care, health information and referrals, public assistance, community education, social advocacy, child and youth development programs, services and affordable housing for seniors and low-income families, health and cultural education. (2) To provide medical care within governmental guidelines to disadvantaged families and individuals, including minority groups, the uninsured, tuzderinsured, pregnant women, the elderly, migrant and seasonal farm workers, and others with special needs such as those with communicable diseases. ARTICLE II: OFFICES Principal Office. The principal administrative office of the corporation is located at 2835 Highland Avenue, Suite C, National City, County of San Diego, State of California. The Board of Directors is hereby granted full power and authority to establish the location of the principal office and to change such location from time to time. The main clinic of the corporation is located at 2743 Highland Avenue, National City, County of San Diego, State of California. Other Offices or Places of Business. Two clinics operating with separate licenses are located at: (1) 10737 Camino Ruiz, Suite 235, San Diego, CA 92126; and (2) 2835B Highland Avenue, National City, CA 91950. Branch offices or satellite clinics may at any time be established by the Board of Directors at any place or places where the corporation is qualified to do business. Ocialxr 21 2009 U1xiate Page—1 ARTICLE III: BOARD OF DIRECTORS Section 1. General Powers All corporate powers shall be exercised by the Board of Directors. The management and control of the affairs of Operation Samahan Incorporated shall be vested in the Board of Directors. Subject to limitations of the Articles of Incorporation and these By-laws, the activities and affairs of the corporation shall be conducted under the direction of the Board. Without prejudice to the general powers of the Board, but subject to the sane limitations, it is hereby expressly declared that the Board shall have the following powers: (a) To review, revise and update the provisions of these By -Laws. (b) To select and remove any officer, agent and employee of the corporation; prescribe personnel powers and duties as may not be inconsistent with the law or the articles of these By -Laws, fix compensation and require from personnel loyal and faithful service; (c) To delegate the management of the activities of the corporation to the Chief Executive Officer or to such person, agent or committee duly designated by the Board provided that such activities are managed under the direction of the Board; (d) To authorize and empower officers or agents to enter into contracts and other commitments on behalf of the corporation; (e) To conduct, manage and control the activities of the corporation and to make such rules and regulations consistent with the law, the Articles of Incorporation and these By -Laws, as they may deem best; (f) To borrow money and incur indebtedness for the purposes of the corporation and to cause to be executed and delivered therefore, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations or other evidences of debt and securities therefore; (g) To approve the corporation's annual budget; (h) To direct the design, development and implementation of the corporate Strategic October 21 2009 Ujxfate Page 2 Plan, working through the Executive Committee and the Chief Executive Officer, and to ensure that the Strategic Plan be periodically updated; (i) To recruit, select; and evaluate the performance of the Chief Executive Officer for purposes of promotion or dismissal, working through the Executive Committee and the Election Committee; (j) To adopt corporate policies and procedures for personnel, program and financial management; (k) To establish Operation Samahan priorities, as well as eligibility requirements for payment of services by uninsured patients; (1) To direct the completion of an annual, independent financial audit, performed by a certified public accountant, coordinated with the Finance Committee and presented to the Board of Directors, in conjunction with any management letters or management recommendations that might accompany the financial audit; (m) To conduct an annual evaluation of the performance of Operation Samahan activities and accomplishments, in accordance with annual programmatic and financial goals. (n) To adopt Operation Samahan's health care service policies, including the scope and availability of services, location of services, hours of operation, and quality of care audit procedures; and (o) To approve Operation Samahan's FQHC look -alike designation or recertification application. Section 2. Composition of the Board (a) The Board of Directors shall consist of nine (9) to fifteen (15) members elected by the Board at a regularly scheduled meeting, and subject to renewal and removal by the Board. (b) The Board of Directors shall consist of a balance and mix of persons interested in promoting the purposes of the corporation. The Board shall include persons with interests, expertise, skills and/or knowledge concerning financial, legal, accounting, managerial, operational, educational, fund raising, and community perspectives related to the operation of the corporation's purposes and activities. O obet•21 2009 Update Page 3 (c) The Directors shall elect the officers of the Corporation at the annual meeting of the Board of Directors. The Officers of Operation Samahan Board of Directors shall be the President, Vice President, Secretary and Treasurer. These officers shall comprise the Executive Committee of the Board. (d) At least 51 % of the Members of the Board of Directors shall be active users of the corporation's clinics, and as a group represents patients who are active users of the corporation's clinics. (e) No more than half of the non -user board members may derive ten (10) percent or more of their income from the health care industry. (f) The Board of Directors shall have one (1) vote each, except the chairperson, or any director when presiding, who shall vote only in case of a tie. A majority vote shall decide questions before the 1 oard of Directors, except as otherwise provided herein. (g) Vacancies in the Board of Directors may be filled at any meeting of the Board upon nomination and election by a two-thirds (2/3) vote of the members of the Board present at such meeting. Each Director elected to fill a vacancy shall hold office until the expiration of the term in which he/she was elected. (h) A Director may resign from the Board at any time by giving notice in writing thereof. The Board of Directors shallhave the power, by (i) A Director may resign from the Board at any time by giving notice in writing thereof. The Board of Directors shall have the power, by two-thirds (2/3) vote of the members present and voting, to declare vacant the office of any director who shall have unexcused absences from three (3) consecutive meetings. (j) No member of the Board shall be a paid staff or employee of Operation Samahan. (k) To ensure that Samahan Board of Directors maintains the minimum number of nine (9) Board seats, the Board will provide ongoing, regular Board recruitment until the 1.5 maximum vacancy seats are filled. Procedure in filling Board vacancies will follow the provisions set forth on Article III, Section 2(g). Should an "emergency vacancy" occur, i. e., the current Board has less than nine (9) Board rnembers, an emergency meeting will be called which will define the timeline in filling the vacant seat. Ocb�lxi'21 2009 Utxfa e Page 4 Section 3. Meetings of the Board of Directors (a) The first meeting of the Board of Directors for the new fiscal year shall be held in the last week of July. Subsequent meetings shall be held on a monthly basis. Special meetings of the Board of Directors shall be called by the President, or at the request of any two (2) directors. (b) The Annual Meeting of the Board of Directors shall be held in May of each year, during which the election of Officers shall occur. (c) Meetings may be held outside the county of San Diego. (d) A notice of at least five (5) working days for each meeting shall be given to each member prior to the conduct of such meeting of the Board of Directors. Special meetings may be held if a one -day notice is given of such a meeting, unless such notice is waived by a majority of the Board of Directors. (e) A minimum of five (5) members of the Board shall constitute a quorum for the transaction of business at any meeting. (f) Any decision of the Board of Directors, or of any of the committees of the Board, may be taken by verbal agreement without a meeting provided that within two (2) days after such agreement, the text of the resolution or the matter agreed upon, is sent to all members of the Board and more than fifty (50) percent of the Board Members do not object to such action in writing within five (5) days after the mailing of such text. (g) Any one (1) board member may request that the vote on a forthcoming proposition be by secret ballot, and such request shall be binding on the Board. (h) Members of the Board may participate in a meeting through use of conference telephone or similar communications equipment, so long as all members participating in such meeting can hear one another. Participation .in a meeting through use of telephone or similar communications equipment shall constitute presence in person at such meeting. (i) Any member may cast an absentee vote in writing provided that the President has been notified earlier in writing. Section 4. Fees and Compensation C)ctdxr 212009 UjXte Page 5 (a) Directors shall not be compensated for serving on the Board of Directors. However, Directors shall be entitled to reimbursement of expenses incurred on behalf of the corporation. Members of committees may receive such compensation, if any, for their services and such reimbursement for expenses as may be fixed or determined by resolution of the Board of Directors; provided further that such compensation shall be reasonable and shall be comparable to compensation paid by unaffiliated entities for a like position. Section 5. Terms of Office (a) Each member of the Board of Directors shall serve on the Board of Directors for a three-year term of office. (b) Board members may elect to be considered for two additional three (3) year terms of office, representing nine (9) years in total. (c) The Board of Directors shall authorize the Nomination Corrunittee to solicit candidates, and shall elect new members to serve the unexpired terms of office of members who have resigned, relocated or have been removed from the Board. (d) After three consecutive terms, a Board member must forego the opportunity to serve on the Board for one year. This provision, however, may be waived by a majority of the Board members voting at a duly scheduled meeting, in the best interests of the Corporation. ARTICLE IV: OFFICERS Section 1. Composition (a) The Officers of the Corporation Board shall be a President, Vice President, Secretary and Treasurer. (b) The Officers shall receive no salary except as reasonable compensation for services rendered and or as reasonable allowance for authorized expenditures incurred in behalf of the Corporation. (c) No two (2) or more offices above mentioned may be held by the same person at the same time. octdxr 2i 2009 Update Page 6 Section 2. Election. (a) The President, Vice President, Treasurer and Secretary shall be elected by the Board of Directors at such election conducted at any regular meeting designated by the Board on the recommendation of the Election Committee. Section 3. Grounds for Termination. (a) The President, and all other officers, may be removed for cause, in writing and upon proper hearing by the Board of. Directors. Any such removal shall be without prejudice to the rights, if any, of the person removed. Section 4. Terms of Office. (a) Officers shall serve for a two-year term of office. However, each officer may elect to be considered for two additional two (2) year terms, representing six (6) years in total, (b) Board members shall authorize the Election Committee to solicit candidates, and shall elect a new officer who resigned, relocated or has been removed from the Board prior to the expiration of his/her term at a special meeting designated by the Board. (c) After three consecutive terms, an officer must forego the opportunity to serve as an officer for one year. This provision, however, may be waived by a majority of the Board members voting at a duly scheduled meeting, in the best interests of the Corporation. Section 5. Ditties and Responsibilities. (a) The President shall be the primary spokesperson of the Corporation. He/she shall see to it that the affairs of the Corporation are in accordance with applicable federal, state and local laws and regulations, the prescribed policies authorized by the Board of Directors and those of the funding agencies. The President shall meet with various community groups to meet community needs. He/she may sign deeds, bonds, mortgage, or other instruments necessary to carry out the objectives of the Corporation except where the Board, or this By -Laws require the signature of some other officer or agent of the Corporation. Ile/she may countersign checks for disbursements made by the Treasurer or Chief Executive Officer. Cktoker 21 2009 Olidate Page 7 9 (b) The Vice President shall act for and in behalf of the President in his/her absence to assure continuity of thc operation of the corporation. When so acting, the Vice President shall have all powers of, and shall be subject to all restrictions vested upon, the President. He/she shall have such powers and perform such other duties from time to time as may be prescribed by the Board of Directors. (c) The Secretary shall be responsible for keeping accurate record of all meetings of thc Board of Directors, shall have custody of the corporate seals. (d) The Treasurer shall obtain and report to the board a monthly finance report as to the overall financial status of the corporation and work with the Chief Executive Officer to ensure an annual audit of the corporation. ARTICLE V: NON -LIABILITY OF DIRECTORS AND CERTAIN OFFICERS Section 1. Volunteer Directors Pursuant to Section 5239 of the Non-profit Public Benefit Corporation Law of the State of California, there shall be no personal liability to a third party on the part of a volunteer Director or volunteer President, Vice -President, Secretary or Treasurer of this corporation caused by such Director's or officer's negligent act or omission in the performance of that person's duties as a Director or officer, if all the following conditions are met: (a) The act or omission was within the scope of the Director's or officer's duties; (b) The act or omission was performed ingood faith; (c) The act or omission was not reckless, wanton, inteptional, or grossly negligent; (d) The corporation has complied with the requirements of Section 2 below. This limitation on the personal liability of a volunteer Director or Officer does not limit the liability of the corporation for any damages caused by acts or omissions of a volunteer Director or volunteer Officer, nor does it eliminate the liability of a director or officer provided in Section 5233 or 5237 of the Non -Profit Public Benefit Corporation Law of the State of California in any action or proceeding brought by the Attorney General. Section 2. Requirement to Obtain Liability Insurance In order to obtain the felt benefit of the limitation of liability set forth. in Section '1 above, the corporation and the Directors shall make all reasonable efforts in. good faith to obtain liability insurance in the form of a general liability policy for the O lotx� 212009 CJjMe Page 8 corporation or a director's and officer's liability policy. Section 3 Paid Directors and Officers Any Director or Officer who receives compensation by the corporation for acting in his or her capacity as a Director or an Officer, as the case may be, shall have no liability based upon any alleged failure to discharge such person's obligations as a Director, including, without limiting the generality of the foregoing, any actions or omissions which exceed or defeat a public or charitable purpose to which the corporation, or assets held by it, are dedicated, (i) so long as such compensated Director or officer complies with provisions of Section 1 above, and (ii) except as provided in Section 5233 of Non -Profit Public Benefit Corporation Law of the State of California. ARTICLE VI. COMMITTEES Section 1. Standing Committees The Board shall have six (6) standing committees. Each committee shall be comprised of no less than three (3) members appointed by the President. The committees are: the Executive Committee, the Program and Services Planning Committee, the Personnel Committee, the Finance Committee, the Quality Assurance Committee, and the Election Committee. The Nomination Committee shall submit the names of candidates to the Board of Directors no less than fifteen (15) calendar days prior to a scheduled meeting where the election of new members of the Board of Directors shall be conducted. The functions of these committees are as follow: (a) Executive Committee The Executive Committee shall consist of the officers of the Board. The President offthe Board serves as President of this committee. The Chief Executive Officer and Medical Director serve as consultants to the committee. The Executive Committee shall have the authority in the management of the corporation during such time as the Board is not meeting. Cktcbei 2i 2009 Upctite Page; 9 << A report of any Executive Committee proceedings shall be available upon request by the Board of Directors. Vacancies in the membership of the Executive Committee shall be filledby the Board of Directors at any regular or special meeting. (b)Program and Services Planning Committee The Chief Executive Officer, Medical Director, Head Nurse, Operations Manager, and the Development and Program Manager shall serve as consultants to the Committee. In addition, two (2) Board members shall be appointed to the Program and Services Planning Committee. The Program and Services Planning Committee shall: (1) set all medical & dental and social services policies and monitor procedures for quality of services; (2) describe the scope of medical &dental and social services including laboratory, pharmacy, outreach and health education programs, community education, public assistance, information and referral, child and youth services, senior programs, cultural education arid other related services that may be needed by the community; (3) define service areas; (4) develop long- and short-term health and development plans; (5) establish and maintain working contacts with other providers, including hospitals, dentists arid optometrists; (6) hear patients' grievances, in accordance with patients' grievance procedures outlined in the Policies and. Procedures Manual; (7) explore areas of collaboration with other related agencies; and (8) consider and act, whenever appropriate, upon matters referred to it by the Board. (c) Personnel Committee The Chief Executive Officer, the Medical Director, the Operations Manager, and Human Resources Manager serve as consultants to the Committee. In addition, two (2) Board Members shall be appointed to the Personnel Committee. as.to[xi• 212009 Llixtte Page 10 The Personnel Committee shall develop personnel policy recommendations to be submitted to the Board of Directors for approval; develop salary and wage guidelines to be submitted to the Board of Directors for approval; assists the Chief Executive Officer in the evaluation and selection of candidates for professional level positions; hear employee grievances as outlined in the Grievance Procedures in the Policy Manual; approve any exceptions to Operation Samahan Policies concerning initial salaries, any salary increase, and, where appropriate, act on matters referred to it by the Board. (d) Finance Committee The Treasurer of the Corporation must serve as a member of this Committee, plus another Board Member. The Chief Executive Officer, Medical Director, the Development and Program Manager, and the Financial Officer shall serve as consultants to the Committee. The Finance Committee shall develop budgets and review funding proposals and contracts; develop recommendations to the Board on specific applications for public grants; monitor monthly expenditures; recommend methods of handling and accounting for funds; project future expansion in terms of financial impact, and consider and, where appropriate, act on matters referred to it by the Board. The Committee shall also develop plans for fundraising; manage fundraising campaigns; and, where appropriate, act on matters referred to it by the Board. (e) Election Committee The Election Committee shall be composed of two (2) board members and one (1) staff member who are appointed by the Board of Directors. This Committee shall select and recommend qualified candidates for election to the Board of Directors. It shall submit the names of these candidates to the Board of Directors thirty (30) days before the election date designated by the Board. Additional nominations may be made by a member of the Board present at the election. At least one month before any election meeting, the members will be furnished with a list of nominees. The Committee shall supervise the election. (ktoLvt• 212009 Update Pagei1 13 (f) Quality Assurance Committee The Quality Assurance Committee shall have four (4) members consisting of two (2) members of the Board. of Directors, at least one (1) of which represents consumer interests plus the Medical Director and Chief Executive Officer. The Q/A Committee shall be chaired by a health professional, who shall be responsible for convening bimonthly meetings. The purpose of the Q/A Committee is to adopt clinical standards for the Clinic, ensure that the clinical staff are credentialed and have current, appropriate continuing professional development, and assure that the standard of care being rendered at the Clinic meets or exceeds community standards. ARTICLE VII: GENERAL PRO VISIONS All persons handling cash shall be bonded. The Board of Directors may accept on behalf of the Corporation any contribution, gift, bequest or device for the purposes of the Corporation. The accounts of the Corporation shall be auditedannually by an Independent Certified Public Accountant and a full statement of the finances shall be submitted to each member of the Board. The fiscal year of the Corporation shall be from July 1 to June 30. ARTICLE V.IIT: CONFLICT OF INTEREST No member of the corporation's Board of Directors, staff; service providers and consultants, may have business dealings with the Corporation. The corporation shall not be a party to a transaction in which one or more of its Directors has a material financial interest ("Interested Director") unless: (a) The Attorney General, or the court in an action in which the Attorney General is an indispensable party, has approved the transaction before or after it was consummated; or (b) Prior to entering into the transaction, after full disclosure to the Board of all material facts as to the proposed transaction and the Interested Director's interest and Octot 21' 2009 U}xtite Page 12 investigation and report to the Board as to alternative arrangements for the proposed transaction, if any, the Board in good faith and by a vote of a majority of the Directors then in office (without including the vote- of the Interested Director): (i) resolves and finds that the transaction is in the corporation's best interests and for the corporation's own benefit and after reasonable investigation under the circumstances as to alternatives, the corporation could not have obtained a more advantageous arrangement with reasonable efforts under the circumstances; and (ii) approves the entire transaction; (c)If it is not reasonably practicable to obtain approval of the Board prior to entering into said transaction, a committee authorized by the Board approves the transaction in a manner consistent with the procedure set forth in provision (b) above; and the Board, after determining in good faith that the corporation entered into the transaction for its own benefit and that the transaction was fair and reasonable as to the corporation at the time it was entered into, ratifies the transaction at its next meeting by a vote of the majority of the Directors then in office, without counting the vote of the Interested Director. Octoher212009 U{xhte Page 13 ARTICLE IX: AMENDMENTS Except as otherwise provided by State law, the Articles of Incorporation or these By -Laws may be altered, amended, or repealed, or new By -Laws may be adopted by a vote of two-thirds (2/3) of the total number of directors at any meeting of the Board, if at least ten (10) days written notice is given each member of the Board of the intention to alter, amend, repeal, or to adopt new By -Laws at such meetings. THESE AMENDMENTS TO THE EXISTING BY-LAWS ARE RATIFIED, APPROVED AND SIGNED ON THIS THE 21 st DAY OF OCTOBER 2009 IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. APPROVED: CAM/1� Dr. Carrol Waymon, Iresident Tyrone -all ce, Vice President (� (min. GL )7 ►G ' n lv! t� Elvira Magsarili,gecretaiy/Treasurer October 212009 Update Page 14 '` O10RATIQN SAMAIHAN, INC. (A California•Nonprofit.Corporati0») FINANCIALSTATEMENTS REPORT FOR.THE :YEA . !LADED DUNE 30, 2010 `. CifiVERINO I17. 3r AJARi)Q, JJ. CPA 9225_Dowdy r1i:ivo, Suite 221 Sail Diego; California 9212C (voice) $SS;229 6209 (fac)' 838S37,9889 (e-mail.) nationa19191'3@3',ahod;com 9225 Dowdy Drive, Suite 221 San Diego, California 92126 CFFLRINO M. FAJARDO, JR. Certified Public Accountant (voice)858.229.6209 (fax) 858.537.9889 (e-mail) national91913 ayahoo.corn To the Board of Directors Operation Samahan, Inc. (A California Nonprofit Corporation) Attached is the financial report of Operation Samahan, Inc. for the year ended June 30, 2010: Auditor Information Name: Ceferino M. Fajardo, Jr. Address: 9225 Dowdy Drive, Suite 221 San Diego, California 92126 Phone No.: (858) 229-6209 Auditor's Federal Identification Number FEIN: 20-0004323 San Diego, California August 31, 2010 18 OPERATION SAMAfIAN, INC. (A California Nonprofit Corporation) TABLE OF CONTENTS June 30, 2010 Page Independent Auditor's Report 1 - 2 Financial Statements Statement of Financial Position 3 Statement of Activities 4 - 5 Statement of Cash Flows 6 Statement of Functional Expenses 7 - 8 Notes to the Financial Statements 9 - 13 Independent Auditor's Report on Internal Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards 14 - 15 I 9225 Dowdy Drive, Suite 221 San Diego, California 92126 CEFERINO M. FAJARDO, JR. Certified Public Accountant (voice) 858.537.9881 (fax) 858.537.9889 (e-mail) national91913(ayahoo.com INDEPENDENT AUDITOR'S REPORT To The Board of Directors Operation Samahan, Inc. (A California Nonprofit Corporation) San Diego, California I have audited the accompanying statement of combined financial position of Operation Samahan, Inc. (A California Nonprofit Corporation) (the Agency) as of June 30, 2010 and the related statements of activities, functional expenses, and cash flows for the year then ended. These financial statements are the responsibility of the Agency's management. My responsibility is to express an opinion on these financial statements based on my audit. I conducted my audit in. accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the comptroller general of the United States and Audits of Institutions of Higher Education and Other Nonprofit Institutions. Those standards and require that I plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. I believe that my audit provides a reasonable basis for my opinion. In my opinion, the financial statements referred to above present fairly in all material respects, the financial position of Operation Samahan, Inc. as of June 30, 2010, and the changes in its net assets and its cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. To the Board of Directors Operation Samahan, Inc. (A California Nonprofit Corporation) Page 2 In accordance with Government Auditing Standards, 1 have also issued a report dated August 31, 2010 on my consideration of Operation Samahan, Inc.'s internal control over financial reporting and my tests of its compliance with certain provisions of laws, regulations, contracts and grants, and reports dated August 31, 2010 on compliance with general requirements applicable to major federal financial assistance programs and with specific requirements applicable to federal financial assistance programs. Those reports are an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of my audit. iego, Calia ugdFt 31, 201 .2i ASSETS Cash in Bank Contract Receivables Other Receivables Prepaid Expenses Other Assets Total Current Assets OPERATION SAMAITAN, INC. Statement of Financial Position June 30, 2010 Land & Building Office Equipment Medical Equipment Building Expansion Project Building Improvements/Fixtures Office Complex Office Complex Improvement Accum. Depreciation-1uilding Accum. Depreciation -Equipment Accum. Depreciation -Office Complex Accum. Depreciation -Office Complex Improvement Total Property &.&luipment Total Assets LIABILITIES Accounts Payable Accrued Vacation Deferred Revenue Mortgage Loan Payable, Current Portion Current Liabilites Mortgage Loan Payable, Long Term Portion Total Liabilities NET ASSETS Unrestricted Temporarily Restricted Total Net Assets Total Liabilities and Net Assets 2010 $ 740,711 567,649 52,621 25,016 2009 $ 259,729 617,391 8,915 33,135 1,385,997 919,170 234,140 234,140 272,189 275,284 375,492 387,768 938,973 960,957 19,776 19,776 623,817 623,817 119,013 59,594 (341,408) (325,292) (375,381) (314,323) (109,417) (88,033) (7,657) (6,037) 1,749,537 1,827,651 $ 3,135,534 $ 2,746,821 $ 42,154 115,538 90,000 75,927 323,619 810,068 $ 137,444 114,719 114-,500 71,840 438,503 886,581 1,133,687 1,325,084 2,001,847 1,409,155 12,582 2,001,847 1,421,737 $ 3,135,534 $ 2,746,821 The Accompanying Notes are an Integral Part of the Financial Statements -3- �2 OPERATION SAMAHAN, INC. Statement of Aetivites For The Year Ended June 30, 2010 UNRESTRICTED NET ASSETS Support: Contributions Fund Raising Total Support 2010 2009 $ 39,166 $ 28,509 15,300 1,570 54,466 30,079 Revenue: Interest 76 5,020 Total Unrestricted Support and Revenue 54,542 35,099 Net Assets Released From Restrictions 5,828,033 4,712,115 Total Support and Reclassifications 5,882,575 4,747,214 Expenses: Program Services Corporate 707,716 1,839,876 Primary Care 3,395,734 1,657,419 CIHS I71,103 140,631 Office of Family Planning 237,695 108,473 Healthy Families 204,878 193,510 Medical Capitated 305,658 307,397 Total Program Expenses 5,022,784 4,247,306 Support Services Management and General 46,114 37,448 Fund Raising 9,445 7,669 Total Support Expenses 55,559 45,117 Total Expenses 5,078,343 4,292,423 CHANGE IN UNRESTRICTED NET ASSETS $ 804,232 $ 454,791 The Accompanying Notes are an Integral Part of the Financial Statements -4- OPERATION SAMAHAN, INC. Statement of Activites (Continued) For The Year Ended June 30, 2010 TEMPORARILY RESTRICTED NET ASSETS Revenue: Grants and Contracts Third Party Billings Patient Medical Fees Other Income Total Revenue Net Assets Released From Restrictions CHANGE IN TEMPORARILY RESTRICTED NET ASSETS INCREASE (DECREASE) IN NET ASSETS NET ASSETS BEGINNING OF YEAR AS RESTATED NET ASSETS AT END OF YEAR 2010 $ 316,940 4,630,515 469,388 187,068 5,603,911 (5,828,033) (224, 122) 580,110 1,421,737 $ 2,001,847 2009 $ 362,831 3,909,613 367,720 70,851 4,711,015 (4,712,115) 454,791 966,946 $ 1,421,737 The Accompanying Notes are an Integral Part of the Financial Statements -5- 2 Lf OPERATION SAMAIIAN, INC. Statement of Cash Flows For The Year Ended June 30, 2010 Cash Flows From Operating Activities: Change in Net Assets 2010 2009 $ 580,110 $ 454,791 Adjustments to Reconcile Change in Net Assets to Net Cash Provided (used) by Operating Activities: Depreciation 97,415 71,081 Changes in Assets and Liabilities: (Increase) Decrease in Grant Receivables 49,742 (258,641) (Increase) Decrease in Other Receivables 8,915 (8,349) (Increase) Decrease in Prepaid Expense (19,486) 2,861 (Increase) Decrease in Other Assets (25,016) Increase (Decrease) in Current Liabilities (95,290) 129,240 Increase (Decrease) in Deferred Revenue (24,500) (98,166) Increase (Decrease) in Accrued Vacation 819 6,360 Total Adjustments to Reconcile Change in Net Assets (7,401) (155,614) Net Cash Provided by Operating Activities 572,709 299,177 Cash Flows From Investing Activities: Purchase of Fixed Assets (19,301) (688,600) Cash Flows From Financing Activities: Net Changes of Long-term Debt (72,426) 432,929 Net Increase in Cash 480,982 43,506 Cash at Beginning of the Year 259,729 216,223 Cash at End of the Year $ 740,711 $ 259,729 The Accompanying Notes are an Integral Part of the Financial Statements -6- 25 OPERATION SAMAHAN, INC. STATEMENT OF FUNCTIONAL EXPENSES FOR THE YEAR ENDED JUNE 30, 2010 SUPPORT SERVICES PROGRAM SERVICES Total Management Total 2009 Total Primary Crf6oe of Family Planning Healthy Medical Program and Fund Support Total Expenses Corporate Care CIHS I & E CCG Families Capttated Expenses General Raising Senvices Expenses Salaries and Wages - 2,591,162 263,534 1,708,516 120,483 40,430 120,847 119,163 180,437 2,553,410 31,334 - 6,418 37,752 2,343,617 Fringe Benefits 477,371 74,426 293.570 19,527 8,043 22.321 21,344 32,509 471.740 4,674 957 5,631 430,249 Total 3,068,533 337,960 2,002,086 140,010 48,473 143,168 140,507 212.946 3,025,150 36,008 7,375 43,383 2,773,866 Advertising 27,312 19,979 5,151 221 3 830 498 530 27,312 14,093 Bad Debt 508,041 71,401 436,640 - - - 508,041 249,269 Clinic Supplies 184,017 18,464 153,904 2,091 6 4,102 5,450 184,017 94,706 Computer Accessories 8,335 2,800 4,113 218 48 120 428 608 8,335 57,331 Consulting 414,544 72,861 284,472 7,984 597 i,667 i6,608 23,221 407,410 5,921 1,213 7,134 259,070 Employee Development 8,335 1,033 4,391 183 455 1,237 346 486 8,130 170 35 205 6,513 Equipment Repairs 1,141 67 989 11 3 9 26 36 1,141 Equipment Lease 53,256 5,951 34.632 1.364 1,007 2,675 2,746 3.623 52,199 877 180 1,057 33,623 Insurance 63,497 7,735 42,959 2,218 235 392 3,567 5,856 62,765 608 124 732 58,769 Interest 51,139 7,277 35,240 1,284 28 71 2,609 3.630 51,139 58,621 janitorial 24,579 2,994 17,355 701 15 111 1,327 1,516 24,319 216 44 260 21,028 Meetings and Conventions 13,265 11,854 1,135 45 16 89 127 13,265 2,483 Membership Fees 21,932 8,084 6.326 298 40 1.827 606 4,781 21,962 15,553 Miscellaneous Expenses 25,953 5,895 16,115 572 1,374 1,897 25,953 24,230 Office Supplies 39,732 8,910 23,752 890 216 1,418 2,032 2,514 39,732 34,486 Other Program Expenses 18,174 4,445 9,513 374 353 1.672 755 1,057 18,174 16.202 Outreach 49,912 48,941 653 32 132 64 90 49,912 34.622 Outside Lab Services 71,611 13,782 45,654 2,024 4,255 5,895 71,611 41,143 Outside Sris-Other 24,399 5.324 17,156 322 682 915 24,399 29,338 Postage 4,562 1.052 2,644 134 13 49 244 343 4,479 69 14 83 3,573 Printing and Reproduction 3,490 1.490 1,607 70 135 188 3,490 1,274 Rent 141,197 18,690 85,054 4.137 3,4e0 5,856 9,601 13,705 140,553 535 109 644 176,955 Repairs and Maintenance 10,152 67 6.312 340 1,800 128 623 882 10,152 61,511 Taxes , Licenses & Fees 16,074 2,408 11,117 332 561 929 15,447 520 107 627 33,992 Telephone 63,712 8,950 40,999 1,60E 811 1,615 3,610 5,066 62,859 708 145 853 59,309 Travel 18,182 4,114 7,431 282 273 4.672 579 831 18,182 10,975 Utilities 45.822 5,427 30.227 1,180 1,315 1,370 2.819 2.903 45,241 482 99 581 48,807 Total Expenses 4,980,928 697,958 3,328,662 169,225 59,171 169,035 200,892 300,426 4,925,369 46,114 9,445 55,559 4,221,342 Before Depreciation Depreciation 97,415 9,758 67,072 1,878 3.524 5,965 3,986 5,232 97,415 - 71.081 Total Expenses 5,078.343 707,716 3,395,734 171,103 62.695 175.000 204,878 305,658 5,022,784 464114 9,445 55.559 4,292.423 The Amompanying Notes are an Integral Part of the Basic Fiends! Statements Salaries and Wages Fringe Benefits Total Advertising Sad Debt Clinic Supplies Computer Accessories Consulting Employee Development Equipment Lease Insurance Interest Janitorial Meetings and Conventions Membership Fees Miscellaneous Expenses Office Supplies Other Program Expenses Outreach Outside Lab Services Outside Srvs-Other Postage Printing and Reproduction Public Relations Rent Repairs and Maintenance Taxes , Lidenses & Fees Telephone Travel Utilities Total Expenses Before Depreciation Depredation Total Expenses OPERATION SAMAHAN, INC, STATEMENT OF FUNCTIONAL EXPENSES FOR THE YEAR ENDED JUNE 30, 2009 PROGRAM SERVICES Total Expenses Corporate 2,343,617 978,14e 430,249 180119 2.773,866 1,158,268 14,093 249,269 94,706 57,331 259,070 6,513 33,623 58,769 58,621 21,028 2,483 15,553 24,230 34,486 16,202 34,622 41,143 29,338 3,573 1,274 3,859 128,473 40282 18,427 119,202 3,854 17,430 22,115 31,153 8.425 785 2.876 17.466 15,411 11,004 Primary Office of Fairly Planning Healthy Caro CIHS EAPC t & E TS0 Famines 679,063 86,470 155,488 47,760 16,128 114,044 127.992 15,875 29,580 8,688 1.546 21.767 807,055 102.345 185,048 54,646 17,674 135,811 687 77.903 37,183 23,648 58,132 1,355 8,502 19,131 14,418 5,968 381 3,730 3,246 9,935 2,288 94 160 141 131 15.861 27,029 2.643 5,540 3,463 1,181 581 7C 2,286 8,104 14,010 12,275 195 362 262 1,202 2,301 1.671 2,711 4.933 8 2,762 2546 3,930 2.780 1,101 2,588 1,165 61 133 379 363 71 168 301 220 472 853 26 62 616 1.231 2,288 1,148 1,633 284 570 409 44 345 42 19 18268 11,138 824 4,011 2.619 21,085 4,693 460 979 807 1,346 1.044 169 461 3D 16 185 993 317 43 86 (252) 176,955 53,610 77,437 8.480 6.539 12,673 61,511 49,743 5,839 985 2.182 1,093 33,992 17257 9,551 1,135 2,150 1,538 59.309 24.745 17,536 2,147 3.803 1,22D 2,957 10.975 7,104 324 106 203 965 386 146 48,807 20,556 13,265 1,888 3,700 1,121 64 2,486 Modica! Other Program Capltated Programs Expenses 174,837 57,285 2,309204 33.389 11,658 428.814 208,225 68,943 2,738,018 197 8,604 14,093 249,269 5,590 94,708 3,219 7,919 57,331 19,009 25,889 254,521 402 6,430 2,517 33,623 5,578 57,238 4,294 58,621 1,781 21.023 IC8 205 2,483 3,256 15,553 1,485 24,230 2.558 282 34,488 1,288 18,202 34,561 34,622 4,283 41,143 1,208 29,338 283 19 3,573 67 1.274 20,156 1,669 2.343 4,551 225 3,800 176,955 61,511 33,992 1,089 58,050 1,016 10,975 46.660 4,221,342 1,813,749 1,213,287 138,070 253,593 60,136 45,727 189,823 301,825 150,015 4,176,225 71,081 26,127 26,320 2,661 4204 2.610 3.637 5.572 71,081 SUPPORT SERVICES Total Management Total and Fund Support General Raising Services 28,563 5,850 34,413 1,191 244 1,435 29,754 6.094 35,848 2009 Total Expenses 2,153,763 367 583 2,521,346 5,673 162,797 106,514 3,693 756 4,449 187,150 69 14 83 2,131 35,478 1,271 260 1,531 133,271 49,893 14,809 3,519 16,518 60,985 14,553 45,903 37,628 3.955 5,496 850 161.626 48,141 38,149 1,045 214 1,259 47,063 6,086 1,616 331 1,947 30.472 37,448 7,669 45,117 3,741,206 63.238 4.292.423 1,839.876 1,239,607 140,631 287,797 62,746 45.727 193,510 307,397 150.015 4,247,306 37,448 7.669 45,117 3,804,444 L _ - v The Mco npenyng Notes mean Integral Part of t88 Bask Financial Statements -8- OPERATION SAMAHAN, INC. Notes to Financial Statements June 30, 2010 Note 1. Organization and Nature of Activities Operation Samahan, Inc. (A California Nonprofit Corporation) (the Agency) was founded and incorporated as a nonprofit California corporation in 1972 to help alleviate the health and social problems of the minority and economically disadvantaged communities of San Diego County. The Agency operates three medical clinics (two in. San Diego and one Mira Mesa) and social services program. Services include primary health care including dental care, family planning information and education, bicultural counseling, and language interpretation. Funding provided from United Way, contracts with federal, state and county agencies, public and private donations and client fees enable the Agency to serve over 5.000 patients and clients per month. Fees are based on the patients' ability to pay. The Agency is not -for -profit, voluntary health organization operating under Section 501(c) (3) of the Internal Revenue Code, is exempt from federal, state, and local income taxes and, accordingly, no provision for income taxes is included in the financial statements. In addition, the Agency has been classified as an organization that is not a private foundation under Section 509(a) (2) of the Internal Revenue Code and qualifies for the charitable contributions for individual donors. Public Support and Revenue Grants and other contributions of cash and other assets are reported as temporarily restricted if they are received with donor stipulations that limit the use of the donated assets. When a donor restriction expires, that is, when a stipulated time restriction ends or purpose restriction is accomplished, temporarily restricted net assets are reclassified to unrestricted net assets and reported in the statement of activities as net assets released from restrictions. Temporarily restricted contributions whose restrictions are fulfilled in the same time period are reported as temporarily restricted and reclassified to unrestricted. Gifts of cash or other assets that must be used to acquire long-lived assets are reported as temporarily restricted support. Note 2. Suuunary of Significant Accounting Policies Accounting method The Agency uses a m.odifiecl accrual method of accounting. Income from patient fees and third -party billings is recognized when payments are received. Funding from the United Way, federal, state and county contracts is recorded on accrual basis. Expenses are recorded in the period incurred. Financial statement presentation The Agency follows the recommendations of the Statement of Financial Accounting Standards (SEAS) No. 117, "Financial Statements of Not -For -Profit Organizations." Under SFAS No. 117, the Agency reports information regarding its financial position activities according to its three classes of net assets: Unrestricted, temporarily restricted, and permanently restricted. In addition, the Agency presents a statement of cash flows. -9- .23 OPERATION SAMAHAN, INC Notes to Financial Statements June 30, 20I0 Note 2. Summary of Significant Accounting Policies (continued) Contributions The Agency also adopted SFAS No. 116, Accounting for Contributions Received and Contributions Made." in accordance with SFAS No. 116, contributions received are recorded as unrestricted, temporarily restricted, or permanently restricted support depending on the existence and/or nature of any donor restrictions. Revenue recognition All public support is recognized as income in the period received, unless specifically restricted by the donor or grantor. in those instances, support is considered deferred until the Agency has incurred expenditures in compliance with the specific award restrictions. Fixed assets and depreciation Fixed assets acquired with grant funds remain in the property of the granting agency or if the granting agency retains a reversionary interest under the terms of the applicable grant the fixed assets are expensed upon acquisition in accordance with the accounting policies prescribed by the granting agency. Capital items, which are acquired at more than $500 and become the property of the Agency, are capitalized, recorded at cost and depreciated over their estimated useful lives from 3-30 years using the straight-line method. Depreciation expense for the years ended June 30, 2010 and 2009 were $97,415 and $71,081 respectively. Classification of expenses As reflected on the Statement of Functional Expenses, the costs of providing the Agency's various programs and activities have been sunnnarized into categories. Moreover, certain costs have been allocated among the programs and supporting services benefited. Cash and Cash Equivalents For purposes of the Statements of Cash Flows, the Organization considers all unrestricted highly liquid investments with an initial maturity of ninety days or less to be cash equivalents. Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires the use of management's estimates. Actual results could differ from those estimates. Deposits with Financial Institutions The company maintains cash balances at several banks at each institution and at sometimes exceeded by $250,000. The Federal Deposit Insurance Corporation, up to $250,000, insures the accounts from those banks. Management believes that exposure to this limits have minimal effect on the financial statements. -10- OPERATION SAMAI-iAN, INC Notes to Financial Statements June 30, 2010 Note 3. Contract Receivables At June 30, 2010, contract receivables consisted of the following: Federal funding contracts $183,608 State funding contracts 347,375 County funding contracts 111,817 Miscellaneous receivables 37,812 680,612 (112,963) Total 649 Note 4. Leased Facilities Operation Samahan, Inc. has commercial leases under a month -to -month agreetnent at various locations in National City and San Diego, California. The month -to -month lease payments varied from $800 to $I,323 and were classified as operating lease. The lease at the Mira Mesa branch was effective February 9, 2004 with a lease term of five years that expired February 9, 2009 at a basic monthly rate of $9,25I and common area maintenance fec of $1,522 with total minimum commitment rent of $10,773. On June 1, 2009, the lease was renewed for another five years at the basic monthly rent of $9,645. The lease commitments for years ending June 30 are as follows: 2011 115,740 2012 115,740 2013 115,740 2014 106,095 Total minimum lease commitments $453,315 -11- OPERATION SAMAHAN, INC. Notes to Financial Statements June 30, 2010 Note 5. Long -Term Debt Mortgage payable On July 1, 2003, the Agency obtained financing arrangements to refinance its mortgage payable for an amount of $250,000 in favor of California I health Facilities Financing Authority secured by a deed of trust. The loan proceed was used to repay the outstanding loan at Wells Fargo Bank and the remainder was used for construction costs of certain property operated by the Agency. The loan accrues interest at the rate of 3% per annum. Principal and accrued interest is payable in monthly installments of $2,414. The note matures on July 1, 2012. Principal payments on this note due in the year ending June 30, 2011 and 2012 are approximately $28,219 and $27,900, respectively. At June 30, 2010, outstanding loan balance on this note amounted to $56,119. On August 27, 2008, the Agency obtained financing arrangements for construction remodel of its facilities at the original amount of $500,000 in favor of California Health Facilities Financing Authority secured by a deed of trust. The loan accrues interest at the rate of 3% per annum. Principal and accrued interest is payable in monthly installments of $3,453. The note matures on September 1, 2023. Principal payments on this note due in the year ending June 30, 2011, 2012, 2013, 2014, and thereafter are approximately $ $27,824, $28,671, $ 29,543, $30,441, $333,762, respectively. At June 30, 2010, outstanding loan balance on this note amounted to $450,241. The indebtedness favors to Vincent A. Maruca and Carmelina Maruca, Trustees, U.D.T. April 20, 1992 is collateralized by a first deed of trust on the 2835 through 2843 Highland Avenue, San Diego, California property for the original amount of $492,000 dated December 28, 2001. Unpaid principal and accrued interest accrues at the rate of 9% per annum. Principal and accrued interest is payable in monthly installments of $4,427 only and no prepayment or principal reduction shall be. allowed during the first ten years of the note. The note matures on December 28, 2021. Principal payments on this note due in the year ending June 30, 2011, 2012, 2013, 2014, and thereafter are approximately $19,884, $21,660, $ 22,750, $24,275 and $291,066, respectively. At June 30, 2010, outstanding loan balance on this note amounted to $379,635. Total Long Term Debt as of June 30, 2010 $885,995 Less - current portion 75,,,927 Long-term debt $810,068 Note 6. Temporarily restricted net assets The Agency's temporarily restricted net asset consisted ofbuilding campaign fund for the fiscal year ended June 30, 20I0 and 2009 are $0 and $12,582, respectively. Note 7.1}eferred Revenue In May 30, 2008, the Agency received gram from the Community n.ity Clinics Initiative in the amount of $90,000 and miscellaneous grants in the amount of $24,500, The Community Clinics Initiative is a joint project of Tides Foundation and The California Endowment. Total deferred revenue at June30, 2010 and 2009 are $90,000 and $1.14,500, respectively. -12- 3l OPERATION SAMAHAN, INC. Notes to Financial Statements June 30, 2010 Note 8. Grant Funds Grant funds received by the Agency are subject to review by the grantor agencies. Such reviews could lead to requests for reimbursements to the grantor agencies for expenditures disallowed under terms of the grants. The Agency management believes that such disallowance, if any, will not he significant. Note 9. Government Awards The Agency's major awards with the state and county government agencies were renewed for fiscal year 2011. Note 10. Credit Card Line of Credit The Agency has a revolving credit card line of credit in favor of Wells Fargo Bank for a maximum amount of $150,000. The line bears interest at the rate of 9% for unpaid loan balance. At June 30, 2010 and 2009, outstanding credit card line of credit loan balances were $0 and $1.00,299, respectively and are included in accounts payable. Note 11. Subsequent Events Financial condition The accompanying financial statements have been prepared assuming that the Agency will continue as a going concern. There are no subsequent events that came to my attention that would negate the status of the Agency as a going concern entity. Note 12.2009 Financial Information The 2008 amounts in the accompanying financial statements are included to provide a basis of comparison with 2009 and present summarized totals only. The 2008 amounts are not intended to present all information necessary for a fair presentation in accordance with generally accepted accounting principles. -13- 3ca 9225 Dowdy Drive, Suite 221 San Diego, California 92126 CEF'ERINO M. FAJARI)O, JR. Certified) Public Accountant (voice) 858.537.9881 (fax) 858.537.9889 (e-mail) national91.913@yahoo.com REPORT ON COMPLIANCE ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS 'To The Board of Directors Operation Samahan, Inc. (A California Nonprofit Corporation) San Diego, California I have audited the financial statements of Operation Samahan, Inc. (a California nonprofit corporation) as of and for the year ended June 30, 2010, and have issued my report thereon dated August 31, 2010. I conducted my audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether Operation Samahan, Inc.'s financial statements are free of material misstatement, I performed tests of its compliance with certain provisions of laws, regulations, contracts, and grants, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of my audit, and accordingly, I do not express such an opinion. The results of my tests disclosed no material instances of noncompliance that are required to be reported under Government Auditing Standards. To the Board of Directors Operation Samahan, Inc. (A California Nonprofit Corporation) Internal Control Over Financial Reporting Page 2 In planning and performing my audit, I considered Operation Samahan, Inc.'s internal control over financial reporting in order to determine my auditing procedures for the purpose of expressing my opinion on the financial statements and not to provide assurance on the internal control overfmancial reporting. My consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normaI course of performing their assigned functions. Inoted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses This report is intended solely for the information and use of the audit committee, management, others within the organization and federal awarding agencies and pass -through entities and is not intended to be and should not be used by anyone other than these specified parties. (le/ w\_ s San Die , Califor la August 31, 20I0 A !_.ORE ' CERTIFICATE OF LIABILITY INSURANCE D.'1TE U!11+DD'Y YYT) 10/12/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES DELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND TiiE CERTIFICATE HOLDER. IMPORTANT: 11 the certificate holder is an ADDITIONAL INSURED, the policylies) rnpst be endorsed. 11 SUBROGATION IS WAIVED. subject 10 the terms and conditions of the policy, certain policies may requite an endorsement. A statement nit this cerlilil:ate does not conle! lights to the certificate holder in lieu of such a Iorsemenl(s). 1ACEUCER John L Raya Insurance Agency Inc PO Box 728 San Gabriel, CA 91778 Operation Samahan Inc 2835 Highland Ave. National City CA 91950 CONT neI NAME RICHE 626-5 70—B611 ACMES; PRODUCER CV5J06{RJDa ¢N1626-281-29 RIsuREneaFFa;DnlccovennGE 1 ralca msmIeRA POnprofitS' Ins All lance Of. CA IIISUfiEf 11: i II:SURER Cam_,_.. REVISION NUMBER: 2 THIS GSDICATED. CERTIFICATE EXCLUSIONS I,ER ,..in 1S TO CERTIFY THAT THE POLICIES NONJITIISTANOrIG ANY REQUIREMENT, I.lJY DE ISSUED OR MAY PERTAIN, Alit CONDITIDIJS OF SUCH POLICIES. OF INSURANCE FUIH LISTED cEL.OV' Hf. IL- SEEN TERM OR COFIDITION OF ANY THE INSURANCE AFFORDED BY 11-1E LIMITS SFiOV:H MAY I IAVE BEEN REDUCED SUGH •A,p�1 POLINY NI/MITER ISSUEI) TO CONTRACT POLICIES BY .ii.1 YEi 4 I48RDtA'YYY1 THE RSSURED OR OTHER DOCUMENT DESCRIBED PAID CLAIMS IYJL! Y V.P IIIMBNIf YYYj IIA1.tcI) !.COVE FOR TIT. POLICY PERIOD WTI RESPECT TO VJIt-CI-I TINS HEREIN IS SUBJECT TO ALL 111E TEENS, Ldf:[S t YPE OF INSURANCE Tm• GENERAL tIAn!LITY -.. 1 i1 A I 1use.sl 1L L_X�c:c1.a iELLi:v 201 0-18073-NPO (/20/1 d9/2_0/11., I` (l I Prr L I..n.,r.� 1 1.r 0Dr4�/r�0 D4 .. 5.00, V.V.O ._._.. - - I r000 r-0.40-.. 000, 000.... r400r4DD oca r --rr I..F I..--20,000 PEW''''''"'"?"'''''''; CEn[UAL ACG1l5C4ll 12, .,. ,:ca: APPLIES FER Fv�YI •@R;,:�'LLi -.�.;.- 12 IL AU IOAIOBILE LIABILITY ... I : !:r ALB:, 1 Li L OA:.E0 Al/1 .. • 1• aD An ICS , I:.o tl LT:V.:5, AL T i::: - CO:9U1r0:n Lit :Tit L 11111 t I ICI a.e,e,: ml 1 a 1 - ... s .._.__.... ...._. __ f. - - — — LEEMY iiLLITSY iris /ninrinu i .1 err at, ..... 11 I UMBRELLA __. un LInB LY6ESSLIAB D.1 nn15 1 T -!I.'.Ll S rt cuR rl. tt IA^= - I < I1OCCURRENCE _ •,.P. ....._. ._—.._ � < .. ......... ... ._. l-01ntRSCGLIP LJAIIIO:1 u1U EA!PLO Y FRS LTA IIILITI' YIB <N rl•RCPiETNIERIE :LUBEcY.I:CV'IJC "- Of r atery i IDFR Eauurrc, L— Ir .;ACll0 j IU Ia11 r.:, un_1.:, uerr 1:�:`..:Itlml[in L'F Gr-1�inll:il.`.. t.ao.v NIA f k 1 I! i 1 1ii11I. L. 1 1 I I f 1 FAO IA l {1 • I: 1. TASTE r.;;e-P::t I(:Y I.II.tI 1 __------ .... I $ 0ESCR!PIt011 OF OPERATIOIIS 1 L CC REMITS IVEIIICL ES IA11001 A CORD 101. A101/1011.11I ll!. rt:, :fhc:lvle. 11 male >P1., 1. Ie,I1Nn1) CERTIFICATE HOLDER City of National. City Community Services Dept 140 last 12th St, Suite 13 National City CA 91950 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXFIRATION DATE INEREOP, NOTICE i.VILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. j,l:Tt—BRED R EPRESE i1, afnne E Raya L.-, (F198B-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORI) name and logo a e registered marks of ACORD 3S POLICY NUMBER: 201 0-1 8 07 3 —NPO COMMERCIAL GENERAL LIABILITY GG 2011 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1. Designation of Premises (Part Leased to You): 2. Name of Person or Organization (Additional Insured): Ci ty of National City, its officers, employees and agents Any person or organization acting as a manager or lessor of a covered premises that you are required to name as an additional insured on this policy, under a written contract, lease or agreement currently in effect, or becoming effective dunng.the term of this policy, and for which a certificate of insurance naming that person or organization as additional insured has been issued. 3. Additional Premium: INCLUDED (If no entry appears above, the information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown In the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the prem- ises leased to you and shown in the Schedule and subject to the following additional exclusions: This Insurance does not apply lo: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule. CG 20 11 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 D 3� TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT November 9, 2010 AGENDA ITEM NO.26 ITEM TITLE: Resolution of the Community Development Commission of the City of National City approving a second amendment to the Disposition and Development Agreement with San Diego Habitat for Humanity, Incorporated, revising the "Low Income Household" definition to mean persons and families whose income does not exceed eighty percent (80%) of the then current Area Median Income. (Community Development) PREPARED BY: Alfredo Yba PHONE: 619 336-4279 EXPLANATION: DEPARTMENT: Community Development APPROVED BY: On April 21, 2009, the City Council authorized the Chairman to execute a Disposition and Development Agreement ("DDA") for the development of three (3) single family units consisting of two — 2 story units and one — 1 story unit. The 8,625 parcel is located on the northeast corner of 14th and Harding Avenue. Currently, one unit has sold and the other two are ready for sale. The original DDA required that each unit be sold to families earning at or below 60-percent Area Median Income ("AMI"). Due to economic conditions, Habitat for Humanity is experiencing difficulty finding an applicant under the 60% AMI that can qualify for an amortized loan. In addition, Habitat for Humanity has received an application from a family who is currently at 65.2% of the AMI. This family, besides exceeding 60% of the AMI, would otherwise qualify for a Habitat home. " ' "tat for Humanity is requesting that the Community Development Commission amend the definition of "Low Income ;ehold" in the DDA to mean persons and families whose income does not exceed eighty percent (80%) of the then �u ent Area Median Income. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Not applicable ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Community Development Commission adopt resolution BOARD / COMMISSION RECOMMENDATION: Not Applicable •ACHMENTS: 1. Letter from San Diego Habitat for Humanity requesting DDA amendment 2. Second Amendment to Disposition and Development Agreement (1441 Harding) RESOLUTION NO. 2010 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH SAN DIEGO HABITAT FOR HUMANITY, INC., REVISING THE "LOW INCOME HOUSEHOLD" DEFINITION TO MEAN PERSONS AND FAMILIES WHOSE INCOME DOES NOT EXCEED EIGHTY PERCENT (80%) OF THE THEN CURRENT AREA MEDIAN INCOME WHEREAS, the Community Development Commission of the City of National City ("CDC") is implementing the Redevelopment Plan for the National City Redevelopment Project; and WHEREAS, the CDC acquired the property located at 1441 Harding Avenue using $400,000 in federal HOME funds to develop an affordable housing project; and WHEREAS, San Diego Habitat for Humanity, Inc., is a certified Community Housing Development Organization qualified to develop an affordable housing project utilizing federal HOME funds, and was selected on October 17, 2006, by the CDC to develop said property; and WHEREAS, on December 19, 2006, the CDC entered into an Exclusive Negotiations Agreement (ENA) with Habitat for Humanity to prepare plans for the development of affordable housing on the site; and WHEREAS, on December 1, 2008, the National City Planning Commission recommended approval of the Project; and WHEREAS, on December 2, 2008, City Council allocated $272,119 in HOME Investment Partnerships Program income funds; and WHEREAS, on April 21, 2009, the CDC entered into a Development and Disposition Agreement (DDA) with San Diego Habitat for Humanity to develop three for -sale single-family units affordable to families earning 60-percent of the Area Median Income as defined by the U.S. Department of Housing and Urban Development; and WHEREAS, San Diego Habitat for Humanity has worked diligently to process land use entitlements and permits for the project; and WHEREAS, the CDC approved the First Amendment to the Disposition and Development Agreement on April 6, 2010, to reflect that loans to eligible families be entirely forgiven on the forty-fifth (45`h) anniversary date that the Resale Restriction is recorded against the restricted unit; and WHEREAS, on June 29, 2010, San Diego Habitat for Humanity requested that the CDC amend the DDA definition of "Low Income Household" to mean persons and families whose income does not exceed eighty percent (80%) of the then current Area Median Income. Resolution No. 2010 — Page 2 NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute a Second Amendment to the Disposition and Development Agreement with San Diego Habitat for Humanity to amend the DDA definition of "Low Income Household" to mean persons and families whose income does not exceed eighty percent (80%) of the then current Area Median Income. PASSED and ADOPTED this 9th day of November, 2010. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia G. Silva City Attorney San Diego t 4401110'Habitat. for Humanity® 11014 10222 San Diego Mission Road San Diego, CA 92108-2135 " "‘ 183-HOME (4663) 'ax (619) 516-5264 www.sdhfh.org June 29, 2010 Alfredo Ybarra City of National City Community Development Manager 1243 National City Boulevard National City, CA 91950 Dear Mr. Ybarra: Attachment 1 San Diego Habitat for Humanity would like to request an exception to the DDA between the CDC and SDHFH, specifically the definition of "Low Income Household". The DDA, executed on April 21st, 2009, for the development of 1441 Harding Avenue in National City, currently defines as follows: Low Income Household means persons and families whose income does not exceed sixty percent (60%) of the then current Area Median Income, provided that such persons or families meet the additional requirements set forth in Section 4. San Diego Habitat for Humanity has received an application from a family who is currently at 65.20% of the Area Median Income. This family, besides exceeding 60% of the Area Median Income, would otherwise qualify for a Habitat home. Habitat requests an exception to be made that would allow us to partner with this family. Thank you for your consideration. Sincerely, Bradford W. Bates Executive Director SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT (1441 Harding,) THIS SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT ("Amendment") is entered into as of this _9_ day of _November, 2010, by and between the Community Development Commission of the City of National City, a public body, corporate and politic ("CDC"), and San Diego Habitat for Humanity, Inc., a California nonprofit corporation ("Developer"). RECITALS A. Developer and the CDC entered into that certain Disposition and Development Agreement, dated April 21, 2009 (the "DDA"). B. Developer and the CDC entered into an amendment (first) to the Disposition and Development Agreement on April 6, 2010. C. Developer and the CDC desire to revise and update the "Low Income Household" definition to the DDA. D. Unless otherwise defined herein, all capitalized terms used in this Amendment shall have the meanings attributed to them in the Agreement. Now, therefore, in consideration of the foregoing and other good and valuable consideration, Developer and the CDC agree as follows: 1. Amend Section 100. Definitions. Amend "Low Income Household" definition as follows: "Low Income Household" means persons and families whose income does not exceed eighty percent (80%) of the then current Area Median Income, provided that such persons or families meet the additional requirements set forth in Section 4 of the Agreement Affecting Real Property. 2. Confirmation of Obligations. Except as expressly amended or modified herein, the DDA shall remain unmodified and in full force and effect. Except to the extent modified by this Amendment, Developer hereby confirms each of the covenants, agreements and obligations of Developer set forth in the DDA. 3. Counterparts. This Amendment may be executed in any number of counterparts and, as so executed, the counterparts shall constitute one and the same instrument. 4. Exhibits and Recitals Incorporated. All exhibits referred to in this Amendment are hereby incorporated in this Amendment by this reference, regardless of whether or not the exhibits are actually attached to this Amendment. The Recitals to this Agreement are hereby incorporated in this Agreement by this reference. 1 5. Authority to Sign. All individuals signing this Amendment for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the CDC that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the day and year first above written. DEVELOPER: San Diego Habitat for Humanity, Inc, a California nonprofit public benefit corporation Print Name: ` 1S2....1:.ab 3,orr�s Title:`i�rtes, �Eifp. 7 -t CGlp By: Print Name: Title: CDC: Community Development Commission of the City of National City By: Print Name: Ron Morrison Title: Chairman Approved as to form: Claudia G. Silva City Attorney 2 ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT November 9, 2010 AGENDA ITEM NO. 27 ITEM TITLE: Resolution of the Community Development Commission of the City of National City (CDC) approving an amendment to the Disposition and Development Agreement with San Diego Habitat for Humanity, Incorporated, allowing for first-time homebuyer promissory notes to be forgiven on the forty-fifth anniversary date of purchase, amending definition of low income household, and revising development schedule. (Community Development) PREPARED BY: Alfredo Ybarra DEPARTMENT: C PHONE: 619 336-4279 APPROVED BY: EXPLANATION: On October 7, 2008, the City Council authorized the Chairman to execute a Disposition and Development Agreement (DDA) for the development of eight (8) two-story for sale townhomes to be sold as affordable to buyers earning at or below 60-percent Average Median Income ("AMI") as defined by HUD. The 15,246 square feet parcel is located at 1820 G Avenue. Currently, the project is approximately 60% complete. nityJ3evelopment Habitat for Humanity is requesting amendments to the DDA allowing that each unit be sold to families earning at or below 80-percent Area Median Income (AMI) rather than 60-percent AMI, 2) revision to the Performance schedule, and 3) CDC loans be forgiven after 45 years. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS Not applicable ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Community Development Commission adopt resolution BOARD / COMMISSION RECOMMENDATION: Not Applicable TACHMENTS: 'I. Letter from Habitat for Humanity requesting amendments to the DDA 2. First Amendment to Disposition and Development Agreement (G Avenue) BACKGROUND The Community Development Commission ("CDC") acquired the 15,246 square feet parcel at 1820 G Avenue using $875,000 in HOME Investment Partnerships Program funds from the U.S Department of Housing and Urban Development for the purpose of developing an affordable housing project on the site. Since the 2004 acquisition, a competitive recruitment for a qualified developer was conducted and San Diego Habitat for Humanity was selected for the project. After a thorough negotiation, the CDC approved a Disposition and Development Agreement on October 7, 2008 allowing the transfer of the land to Ilabitat for Humanity for the development of eight (8) two- story for sale townhomes to be sold as affordable to buyers earning at or below 60-percent AMI as defined by HUD. On October 14, 2010, CDC staff received a letter from Habitat for Humanity requesting amendments to the DDA. Specifically, Habitat for Humanity is requesting that the a DDA be amended to allow that each unit be sold to families earning at or below 80-percent Area Median Income (AMI) rather than 60-percent AMI, 2) revision to the performance schedule, and 3) CDC loans be forgiven after 45 years. Income Definition The original DDA required that each unit be sold to families earning at or below 60-percent Area Median Income ("AMI"). Due to economic conditions, Habitat for Humanity is experiencing difficulty finding applicants under the 60% AMI that can qualify for an amortized loan. As a result, Habitat for Humanity is requesting that the Community Development Commission amend the definition of "Low Income Household" in the DDA to mean persons and families whose income does not exceed eighty percent (80%) of the then current Area Median Income. Loan Forgiveness The DDA requires each owner to repay the original principal amount of the first-time homebuyer note be due and payable upon sale, transfer, further encumbrance, refinancing, or the failure of the Low -Income Households to occupy the Affordable Unit. Ilabitat for Humanity believed the loans would be forgiven on the forty-fifth anniversary date. As a result, Habitat for Humanity is requesting that the Community Development Commission amend the DDA to reflect that loans to eligible families be entirely forgiven on the forty-fifth (45th) anniversary date that the Resale Restriction is recorded against the restricted unit. If approved, the Habitat for Humanity DDA's for both Harding Avenue and G Avenue projects will be consistent. Performance Schedule The original performance schedule required that the project be completed by March 31, 2010. Initially, the Habitat/G Avenue project was to begin prior to the Habitat/Harding project. However, due to the lack of available donations and volunteers, Habitat for Humanity chose to begin the 1441 Harding Avenue Project first. This caused the G Avenue project to begin later than originally anticipated. 1�'� Habitat for Humanity® San Diego Building houses, October 14, 2010 building hope Alfredo Ybarra Community Development Manager City of National City 1243 National City Blvd. National City, CA 91950 10222 San Diego Mission Road San Diego, CA 92108-2135 (619) 283-HOME (4663) Fax (619) 516-5264 www.sdhfh.org Dear Alfredo, I appreciate the opportunity for San Diego Habitat for Humanity to build new homes in National City. The G Avenue Townhomes development builds upon the success of not only the Sheryl Lane homes but our current Harding Avenue homes. The City of National City has been a tremendous partner in creating the opportunity for 14 low income families to become owners of simple, decent affordable homes. In order to make this project as successful as possible, San Diego Habitat for Humanity is asking for an amendment to the DDA regulating this project. This amendment will bring the agreement regulating the development of the G Avenue site to parallel the development of the Harding Avenue site. The current DDA restricts Habitat partner families to earning a maximum of 60% AMI, at the suggestion of Habitat. We ask that this restriction be relaxed. Although our outreach will remain focused on families earning 40-60% AMI, we have had a number of qualified families earning just over 60% who would ideally benefit from the Habitat program. By matching the DDA restrictions to the HOME regulations, Habitat will have the freedom to serve additional hardworking families. San Diego Habitat also requests clarification of the language around forgiveness of the City of National City silent second loan after 45 years. San Diego Habitat looks to change the language of Recitals Section 5 of the DDA to reflect that of the "Affordable Housing Resale Restrictions, Option to Designation Eligible Purchasers and Option to Purchase upon Default" currently in use for the Harding Avenue project. San Diego Habitat's schedule to complete these eight homes is as follows: Completion of Phase 1 Close on Phase 1 homes Commencement of Phase 2 Completion of Phase 2 Close on Phase 2 homes December 2010 January 2011 January 2011 September 2011 October 2011 We look forward to continuing to build these homes in order to provide the opportunity for eight families to own quality, affordable housing in National City. Please do not hesitate to contact me if you have any questions. In partnership, Bradford Bates President and CEO Building simple and decent, affordable homes in partnership with San Diego County families in need, San Diego Habitat for Humanity, inc. is a 501(c)(3) non-profit organization; Federal Tax ID #33-0259190. Attachment 2 FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT (1829 G Avenue) THIS FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT ("Amendment") is entered into as of this 9th day of November, 2010, by and between the Community Development Commission of the City of National City, a public body, corporate and politic ("CDC"), and San Diego Habitat for Humanity, Inc., a California nonprofit corporation ("Developer"). RECITALS A. Developer and the CDC entered into that certain Disposition and Development Agreement, dated October 7th, 2008 (the "DDA"). B. Developer and the CDC desire to revise and update Section D of the "Recitals" to the DDA. C. Developer and the CDC desire to revise and update the "Low Income Household" definition to the DDA and any related attachments. D. Developer and the CDC desire to revise and update the "Schedule of Performance" that was attached as "Attachment 5" to the DDA. C. Unless otherwise defined herein, all capitalized terms used in this Amendment shall have the meanings attributed to them in the Agreement. Now, therefore, in consideration of the foregoing and other good and valuable consideration, Developer and the CDC agree as follows: 1. Amend Section 402. Add Section 402.7 with Exhibit "A" attached hereto. 2. Amend Section 100. Definition. "Low Income Household" definition is hereby deleted in its entirety from the DDA, and any related documents, and replaced with Exhibit "B" attached hereto. 3. Replacement of Attachment 5. Attachment 5 to the DDA is hereby deleted in its entirety and replaced with Exhibit "C" attached hereto. 4.. Confirmation of Obligations. Except as expressly amended or modified herein, the DDA shall remain unmodified and in full force and effect. Except to the extent modified by this Amendment, Developer hereby confirms each of the covenants, agreements and obligations of Developer set forth in the DDA. 4. Counterparts. This Amendment may be executed in any number of counterparts and, as so executed, the counterparts shall constitute one and the same instrument. 1 5. Exhibits and Recitals Incorporated. All exhibits referred to in this Amendment are hereby incorporated in this Amendment by this reference, regardless of whether or not the exhibits are actually attached to this Amendment. The Recitals to this Agreement are hereby incorporated in this Agreement by this reference. 6. Authority to Sign. All individuals signing this Amendment for a party which is a corporation. limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the CDC that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the day and year first above written. DEVELOPER: San Diego Habitat for Humanity, Inc, a California nonprofit public benefit corporation By: A¢ -\ J• c - Print Name: 'tin-.d lq;rd. u . 3•-44-5 Title: Pc.c:„Ai,,dcot.) By: Print Name: Title: CDC: Community Development Commission of the City of National City By: Print Name: Ron Morrison Title: Chairman Approved as to form: Claudia G. Silva City Attorney 2 Exhibit A 402.7. Upon the timely completion of the Affordable Units in accordance with this Agreement, the Developer Note will be partially forgiven and the remaining balance will convert to first-time homebuyer loans to Low -Income Households to assist those Low -Income Households with the purchase of Affordable Units, as provided in more detail herein. A portion of the Developer Note will be assumed by each eligible low income purchaser of an Affordable Unit, concurrently with the purchase of an Affordable Unit. At such time the purchaser of the Affordable Unit shall execute a promissory note in favor of the CDC (the "First -Time Homebuyer Note"), in an amount to be determined as set forth in this Agreement. The Affordable Units shall also be subject to a Resale Restriction in the form set forth herein as Attachment 10, secured by a deed of trust. The First - Time Homebuyer Notes shall not require monthly payments and will be due and owing only upon sale, transfer, further encumbrance, refinancing, the failure of the Low -Income Households to occupy the Affordable Unit, or other transfer, as defined in the First -Time Homebuyer Note and Resale Restrictions. The CDC Note shall be deemed satisfied on the forty-fifth (45th) anniversary of the date this Resale Restriction is recorded against the Restricted Unit, provided that the Owner and its successors in interest to the Restricted Unit remained in compliance with the terms of this Resale Restriction throughout the Affordability Period. The initial sale price of the Affordable Units shall not exceed the Maximum Purchase Price, as defined below. 3 Exhibit B "Low Income Household" means persons and families whose income does not exceed Eighty percent (80%) of the then current Area Median Income, provided that such persons or families meet the additional requirements set forth in Section 4 of the Agreement Affecting Real Property. 4 Exhibit C Attachment 5 Schedule of Performance Item Completion Date Completion of Phase 1 December 2010 Close on Phase 1 homes January 2011 Commencement of Phase 2 January 2011 Completion of Phase 2 September 2011 Close on Phase 2 homes October 2011 RESOLUTION NO. 2010 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (CDC) APPROVING AN AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT WITH SAN DIEGO HABITAT FOR HUMANITY, INCORPORATED, ALLOWING FOR FIRST-TIME HOMEBUYER PROMISSORY NOTES TO BE FORGIVEN ON THE FORTY-FIFTH ANNIVERSARY DATE OF PURCHASE, AMENDING DEFINITION OF LOW INCOME HOUSEHOLD, AND REVISING DEVELOPMENT SCHEDULE WHEREAS, the Community Development Commission of the City of National City ("CDC") is implementing the Redevelopment Plan for the National City Redevelopment Project; and WHEREAS, the CDC acquired the property located at 1820 G Avenue using $875,000 in federal HOME funds to develop an affordable housing project; and WHEREAS, San Diego Habitat for Humanity, Inc., is a certified Community Housing Development Organization qualified to develop an affordable housing project utilizing federal HOME funds, and was selected by the CDC to develop said property; and WHEREAS, on November 21, 2006, the CDC entered into an Exclusive Negotiations Agreement (ENA) with Habitat for Humanity to prepare plans for the development of affordable housing on the site; and WHEREAS, on October 7, 2008, the CDC entered into a Development and Disposition Agreement (DDA) with San Diego Habitat for Humanity to develop eight for -sale townhome units affordable to families earning 60-percent of the Area Median Income as defined by the U.S. Department of Housing and Urban Development WHEREAS, San Diego Habitat for Humanity has worked diligently to process land use entitlements and permits for the project; and WHEREAS, San Diego Habitat for Humanity is requesting that the CDC amend the DDA to reflect that 1) loans to eligible families be entirely forgiven on the forty-fifth (45th) anniversary date that the Resale Restriction is recorded against the restricted unit, 2) revise the Low Income Definition to the DDA and any related documents, and 3) replace Attachment 5 with a revised performance schedule. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Amendment to the Disposition and Development Agreement with San Diego Habitat for Humanity including: 1. Amend Section 402. Add Section 402.7 with Exhibit "A" attached hereto. 2. Amend Section 100. Definition. "Low Income Household" definition is hereby deleted in its entirety from the DDA, and any related documents, and replaced with Exhibit "B" attached hereto. Resolution No. 2010 — Page 2 3. Replacement of Attachment 5. Attachment No. 5 Schedule of Performance" to the DDA is hereby deleted in its entirety and replaced with Exhibit "C" attached hereto. PASSED and ADOPTED this 9th day of November, 2010. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia G. Silva CDC General Counsel Exhibit A 402.7. Upon the timely completion of the Affordable Units in accordance with this Agreement, the Developer Note will be partially forgiven and the remaining balance will convert to first-time homebuyer loans to Low -Income Households to assist those Low -Income Households with the purchase of Affordable Units, as provided in more detail herein. A portion of the Developer Note will be assumed by each eligible low income purchaser of an Affordable Unit, concurrently with the purchase of an Affordable Unit. At such time the purchaser of the Affordable Unit shall execute a promissory note in favor of the CDC (the "First -Time Homebuyer Note"), in an amount to be determined as set forth in this Agreement. The Affordable Units shall also be subject to a Resale Restriction in the form set forth herein as Attachment 10, secured by a deed of trust. The First -Time Hornebuyer Notes shall not require monthly payments and will be due and owing only upon sale, transfer, further encumbrance, refinancing, the failure of the Low -Income Households to occupy the Affordable Unit, or other transfer, as defined in the First -Time Homebuyer Note and Resale Restrictions. The CDC Note shall be deemed satisfied on the forty-fifth (45th) anniversary of the date this Resale Restriction is recorded against the Restricted Unit, provided that the Owner and its successors in interest to the Restricted Unit remained in compliance with the terms of this Resale Restriction throughout the Affordability Period. The initial sale price of the Affordable Units shall not exceed the Maximum Purchase Price, as defined below. Exhibit B "Low Income Household" means persons and families whose income does not exceed Eighty percent (80%) of the then current Area Median Income, provided that such persons or families meet the additional requirements set forth in Section 4 of the Agreement Affecting Real Property. Exhibit C Attachment 5 Schedule of Performance ITEM Completion of Phase 1 Close on Phase 1 homes Commencement of Phase 2 Completion of Phase 2 Close on Phase 2 homes COMPLETION DATE December 2010 January 2011 January 2011 September 2011 TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT November 9th, 2010 AGENDA ITEM NO. 28 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $1,127,727.89 to the City of National City for the period of 09/29/10 through 10/05/10 PREPARED BY: K. Apalategui PHONE: 619-336-4331 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. DEPARTMENT: APPROVED BY: 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 $1,127,727.89. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A ACHMENTS: vvarrants for the period of 09/28/10 through 10/05/10 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 14 10/5/2010 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 674,823.96 2,125.83 6,208.16 440,305.51 4,264.43 1,127,727.89 CALI,FORNIA ..s INCARPORATV) COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #14 10/5/2010 PAYEE KOCH ARMSTRONG NINYO & MOORE TORREY PINE BANK WADE & ASSOCIATES BEARD BOOT WORLD DANTE'S MODULAR PERFORMANCE DESROCHERS DIXIELINE BUILDERS E2 MANAGE TECH INC EDCO DISPOSAL CORPORATION FEDEX GE CAPITAL GEOSYNTEC CONSULTANTS HOGLE IRELAND INC HUSK PARTNERS LASER SAVER INC S 1:IFIC BUSINESS CAPITAL CORP PRO BUILD PRUDENTIAL OVERALL SUPPLY SDG&E STAPLES ADVANTAGE SWEETWATER AUTHORITY VISTA PAINT WESTFLEX INDUSTRIAL SECTION 8 SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 20 9/7/2010 DESCRIPTION MARINA GATEWAY - CONTRACTOR GEOTECH MATERIAL TESTING RETENTION ART CENTER REIMBURSEMENT EPA WESTERN BF MOP# 64096. SAFETY BOOTS ECONOMIC DEVELOPMENT LOAN RETIREMENT BENEFIT OCT 2010 CONSTRUCTION SVCS / CASA FAMILIAR ENVIRONMENTAL CONS SVCS-JULY 2010 WASTE DISPOSAL FOR CDC - AUG 2010 EXPRESS MAIL COURIER SERVICES. INSTALLMENT FOR COPIER/FAX RENTAL ENVIRONMENTAL CONSULTING SVCS CONSULTANT AGREEMENT - JULY 2010 CONSULTING SERVICES SEPT. 2010 MOP# 45725. INK CARTRIDGE LANDSCAPE MAINT DISTRICT SVCS EQUIPMENT RENTAL MOP# 45707. PAINTING SUPPLIES MOP# 45742. LAUNDRY SERVICES GAS AND ELECTRIC UTILITIES / CDC MOP# 45704. OFFICE SUPPLIES WATER UTILITIES FOR CDC MOP# 68834. PAINTING SUPPLIES MOP# 63850. SWIVEL Start Date 9/29/2010 End Date 9/20/2010 End Date 10/5/2010 Check Date 9/29/2010 CHK NO DATE AMOUNT 238463 10/5/10 329,619.39 238474 10/5/10 1,690.00 238502 10/5/10 17, 348.39 238505 10/5/10 916.50 238508 10/5/10 455.04 238509 10/5/10 125.00 238510 10/5/10 160.00 238511 10/5/10 110.00 238512 10/5/10 6,208.16 238513 10/5/10 18,132.20 238514 10/5/10 104.75 238515 10/5/10 61.60 238516 10/5/10 210.43 238517 10/5/10 632.69 238518 10/5/10 545.82 238519 10/5/10 7,500-00 238520 10/5/10 142.30 238521 10/5/10 948.74 238522 10/5/10 375.00 238523 10/5/10 57.56 238524 10/5/10 15.46 238525 10/5/10 168.01 238526 10/5/10 179.24 238527 10/5/10 353.06 238528 10/5/10 129.24 238529 10/5/10 78.56 A/P Total $ 386,267.14 654,204.31 87,256.44 GRAND TOTAL $ 1,127,727.89 STING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT November 9th, 2010 AGENDA ITEM NO. 29 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $54,159.26 to the City of National City for the period of 10/06/10 through 10/12/10 PREPARED BY: 'K. Apalategui DEPARTMENT: PHONE: 619-336-4331' 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 $54,159.26 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A 'ACHMENTS: varrants for the period of 10/06/10 through 10/12/10 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 15 10/15/2010 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 13,703.16 46.08 33,704.14 6,705.88 54,159.26 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #15 10/12/2010 PAYEE CITY OF NATIONAL CITY GALVAN HDL COREN & CONE KAISER FOUNDATION HEALTH PLANS MAYER HOFFMAN MCCANN PC THE LINCOLN NATIONAL LIFE INS CALIFORNIA SOCIETY OF EDCO DISPOSAL CORPORATION GEOSYNTEC CONSULTANTS HAPPY SOFTWARE INC KEYSER MARSTON ASSOC NATIONAL CITY HISTORICAL SOCIAL SAN DIEGO CLIPPING SERVICE SDG&E STAPLES ADVANTAGE STRADLING YOCCA CARLSON & BANK SERVICE CENTER SECTION 8 SECTION 8 HAPS PAYMENTS DESCRIPTION PETTY CASH P/E AUG 2010 (FY11) MILEAGE REIMBURSEMENT CONT SVCS PROP TAX JAN-MAR 2010 KAISER INS ACTIVE OCT 2010 CITY AUDIT SERVICES LIFE & AD&D STD LTD OCT 2010 CSMFO FY10-11 BUDGET AWARD WASTE DISPOSAL FOR CDC ENVIRONMENTAL CONSULTING SVCS HAPPY SUPPORT RENEWAL SOFTWARE ECONOMIC CONSULTING AGREEMENT SEPT 2010 AGREEMENT NEWS READING AND CLIPPING SERVICE GAS AND ELECTRIC UTILITIES / CDC MOP# 45704. OFFICE SUPPLIES/C CLERK LEGAL SERVICES JULY 2010 CREDIT CARD EXPENSES / CDC Start Date End Date 10/6/2010 10/12/2010 CHK NO DATE AMOUNT 238545 10/12/10 50.08 238563 10/12/10 34.80 238568 10/12/10 1,200.00 238580 10/12/10 -254.50 238585 10/12/10 3,000.00 238619 10/12/10 -0.66 238635 10/12/10 100.00 238636 10/12/10 209.50 238637 10/12/10 1,822.75 238638 10/12/10 5,768.00 238639 10/12/10 6,705.88 238640 10/12/10 5,000.00 238641 10/12/10 222.50 238642 10/12/10 33.73 238643 10/12/10 72.92 238644 10/12/10 21,562.90 238645 10/12/10 480.50 AIP Total $ 46,008.40 8,150.86 GRAND TOTAL $ 54.159.26 STING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT November 9th, 2010 AGENDA ITEM NO. 30 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $100,816.91 to the City of National City for the period of 10/13/10 through 10/19/10 PREPARED BY: K. Apalategui 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 $100,816.911 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A ACHMENTS: varrants for the period of 10/13/10 through 10/19/10 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 16 10/19/2010 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 30,313.90 2,125.82 64,658.56 3,718.63 100,816.91 micoaiduvrygo COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #16 10/19/2010 PAYEE ALCEM FENCE EQUIFAX INFORMATION SVCS FEDEX FEDEX KOAZ INC PACIFIC BUSINESS CAPITAL CORP PRUDENTIAL OVERALL SUPPLY SAN DIEGO CLIPPING SERVICE SAN DIEGO TROLLEY INC VERIZON WIRELESS SECTION 8 SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 21 9/21/2010 DESCRIPTION FENCE INSTALLATION AT 3303 NATIONAL CREDIT CHECK FOR SECTION 8 FEDEX MAILING SERVICES EXPRESS MAIL COURIER SERVICES ECONOMIC DEVELOPMENT LOAN EQUIPMENT RENTAL MOP# 45742. LAUNDRY SERVICE / NSD NEWS READING AND CLIPPING SERVICE FLAGGING SERVICES 4/07/2010 VERIZON WIRELESS SERVICE / SEC 8 Start Date 10/13/2010 End Date 10/4/2010 End Date 10/19/2010 Check Date 10/13/2010 CHK NO DATE AMOUNT 238673 10/19/10 1,060.00 238661 10/19/10 65.11 238662 10/19/10 26.89 238663 10/19/10 63.22 238664 10/19/10 966.19 238665 10/19/10 195.00 238666 10/19/10 144.98 238667 10/19/10 67.00 238668 10/19/10 124.51 238669 10/19/10 463.27 A/P Total $ 3,176.17 9,526.56 88,114.18 GRAND TOTAL $ 100,816.91 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT • MEETING DATE November 9, 2010 AGENDA ITEM NO. 31 ITEM TITLE Investment Report for quarter ended September 30, 2010 PREPARED BY Jeanette Ladrido, CPA EXPLANATION See attached report DEPARTME5L_____ N Finance x 433 Environmental Review Not applicable. Financial Statement Staff certifies that there are sufficient funds to meet the Community Development Commission's financial needs. Account No STAFF RECOMMENDATION Accept and file the Investment Report for the Quarter ended September 30, 2010. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS 1 Background/Investment Overview 2 Portfolio Summary — Quarter ended September 30, 2010 Resolution No. A-200 (9/80) ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires that staff submit an investment report to the Community Development (CDC) Chairman and members within 30 days following the end of the quarter that consists of the following information: `-• Type of investment or description, Issuers (bank or institution), ➢ Dollar amount, ➢ Interest rate, Current market valuation as of the date of the report, And the date of maturity. In addition, the code requires that the report states the CDC's compliance with it's investment policy and include a statement on the CDC's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The CDC investments most of its funds the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. Due to the current circumstances of the economy and the market conditions, LAIF return has been plunging for the last 24 months. For the month ended September 30, 2010, LAIF's monthly average effective yield was 0.50%. The investment of debt service reserve funds, the 2004 and 2005 Tax Allocation Bonds, is controlled by the designated fiscal agent. The reserve funds account for 17.86% of the CDC's portfolio. Federal Agency Securities account for 7.57% of the investment portfolio. The average rate of return is 2.263% The investment portfolio has the ability to meet the CDC's financial needs. SUMMARY OF INVESTMENT PORTFOLIO As of September 30, 2010 INVESTMENTS HELD BY THE CDC OF NATIONAL CITY Investment Type Book Value % of Market Value Portfolio LAIF Federal Agency Securities Cash with Fiscal Agent Totals for September 2010 Totals for September 2009 Portfolio decrease from same quarter last year 11, 325. 908.96 1,149, 875.00 2,712, 909.43 11, 347, 596-38 1,151,884.00 2,712,909.43 74.57% 7.57% 17.86% 15,188, 693.39 15, 212, 389.81 100.00% 15,390,364.29 -201,670.90 Cash with Fiscal Agent 17.86% Federal Agenc Securities 7.57% Investments Liquidity Book Value 74.57% % of Portfolio On Demand Within One Month One Month to One Year Within One to Five Years 11,325,908.96 0.00 0.00 3,862,784.43 74.57% 0.00% 0.00% 25.43% 15,188,693.39 100.00% Community Development Commission of National City Finance Department Investments CDC OF NATIONAL CITY Portfolio Management Portfolio Summary September 30, 2010 Par Market Value Value Book % of Value Portfolio Days to YTM YTM Term Maturity 360 Equiv. 365 Equiv. LAIF 11,325,908.96 11,347,596.38 11,325,908.96 74.57 1 1 0.493 0.500 Federal Agency Coupon Securities 1,150,000.00 1,151,884.00 1,149,875.00 7.57 1,826 1,734 2,232 2.263 Cash with Fiscal Agent 2,712,909.43 2,712,909.43 2,712,909.43 17.86 1 1 0.000 0.000 Investments 15,188, 818.39 15, 212,389.81 15,188,693,39 100.00% 139 132 0.537 0.544 Total Earnings September 30 Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate of Return 6,607.60 14,992,026.72 0.54% JEANETTE RI EI�C DIREC Reporting period 09/01/2010-09/30/2010 Run Date: 11 /01 /2010 - 07 58 23,990.41 15,595,063.86 0.61% Portfolio CDC1 CP PM (PRF_PM1) SymRept 6.41.202b Report Ver. 5.00 CDC OF NATIONAL CITY Portfolio Management Portfolio Details - Investments September 30, 2010 Average Purchase CUSIP Investment# Issuer Balance Date Par Value LAIF SYS10006 10006 LAIF 11,325,908.96 Subtotal and Average 11,545,908.96 11,325,908.96 Market Value 11,347,596.38 Page 2 Stated YTM YTM Days to Maturity Book Value Rate 360 365 Maturity Date 11,325,908.96 0.500 0.493 0.500 1 11,347,596.38 11,326,906.96 0.493 0.500 1 Federal Agency Coupon Securities 3133XUVH3 10007 Federal Home Loan Bank 10/06/2009 250,000.00 250,115.00 249,875.00 3.000 2.970 3.011 1,466 10/06/2014 3134G1RA4 10021 Federal Home Loan Mtg Corp 08/25/2010 400,000.00 401,544.00 400,000.00 2.125 2.096 2.125 1,789 08/25/2015 3134G1TR5 10022 Federal Home Loan Mtg Corp 09/30/2010 500,000.00 500,225.00 500,000.00 2.000 1,973 2.000 1,825 09/30/2015 Subtotal and Average 733,208.33 1,150,000.00 1,151,884.00 1,149,875.00 2.232 2.263 1,734 Cash with Fiscal Agent SYS10013 10013 National City 2004 TAB 07/01/2010 35,619.41 35,619.41 35,619.41 0.000 0,000 1 SYS10014 10014 National City 2004 TAB 07/01/2010 0.16 0.16 0.18 0.000 0,000 1 SYS10015 10015 National City 2004 TAB 07/01/2010 0.06 0.06 0.06 0.000 0.000 1 SYS10016 10016 National City 2004 TAB 07/01/2010 0.00 0,00 0.00 0.000 0.000 1 SYS10010 10010 National City 2005A TAB 07/01/2010 2,344,000.30 2,344,000,30 2.344,000.30 0.000 0.000 1 SYS10011 10011 National City 2005A TAB 07/01/2010 1.24 1.24 1 24 0.000 0.000 1 SYS10012 10012 National City 2005A TAB 07/01/2010 0.26 0.26 0.26 0.000 0.000 1 SYS10008 10008 National City 2005E TAB 07/01/2010 0.13 0.13 0.13 0.000 0.000 1 SYS10009 10009 National City 20058 TAB 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 SYS10020 10020 National City 1999 TAB Reserve 07/01/2010 333,287.87 333,287.87 333,287.87 0.000 0.000 1 Subtotal and Average 2,712,909,43 2,712,909.43 2,712,909.43 2,712,909.43 0.000 0.000 1 Total and Average 14,992,026.72 Run Date: 11/01/2010 - 07:58 15,188,818.39 15,212,389.81 15,188,693.39 0.537 0.544 132 Portfolio CDC1 CP PM (PRF_PM2) SymRept 6.41.202b CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT • MEETING DATE: November 9, 2010 OEM TITLE: A resolution of the Community Development Commission of the City of National City approving an Agreement not to exceed $53,104 with E2 ManageTech Solutions, Inc to prepare a Land Use Covenant for a portion of the Public Works Yard site at 2200 Hoover Avenue and to conduct quarterly ground water monitoring as required by the California Department of Toxic Substances Control (Low Mod Housing Tax Increment Fund' AGENDA ITEM NO. 132 PREPARED BY: PHONE: 42551 DEPARTMENT: Community Patricia Beard, Redevelopment Mgr EXPLANATION: APPROVED BY: evelopment 1In preparation for development of the Westside Infill Affordable Transit Oriented Development ("WI- TOD") the CDC conducted environmental site investigations within the development footprint — the City Public Works site, vacant site west of Paradise Creek and Sun Diego Charter Bus site — using Brownfield grant funding from the US Environmental Protection Agency. Following submittal of the investigation results to the Department of Toxic Substances Control ("DTSC") it has been determined that a portion of the site can be "closed" (no further action required) via a Land Use Covenant ("LUC") to be recorded for the site and that quarterly groundwater monitoring should be conducted. The partial site closure through the LUC is a "green" remediation strategy that ensures the environmental safety of the site for future residents of the WI-TOD and also saves the CDC considerable time and expense. Groundwater monitoring, which was first ordered by San Diego County Department of Environmental ealth more than five years ago, will be conducted to determine whether impacts to groundwater used by former underground fueling tanks pose any environmental concern that should be ddressed. Please see attached Background Report, Proposed Agree Scope of Work. FINANCIAL STATEMENT: APPROVE Ds�I/ Finance ACCOUNT NO. 522-409-500-598-3934..1 APPROVED: " MIS ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the reolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Background Report Proposed Agreement RESOLUTION NO. 2010 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT NOT TO EXCEED $53,104 WITH E2 MANAGETECH SOLUTIONS, INC., TO PREPARE A LAND USE COVENANT FOR A PORTION OF THE PUBLIC WORKS YARD SITE AT 2200 HOOVER AVENUE, AND CONDUCT QUARTERLY GROUND WATER MONITORING FOR ONE YEAR, AS REQUIRED BY THE CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL WHEREAS, as the result of a competitive Request for Qualifications process, on August 9, 2005, the Community Development Commission of the City of National City (CDC) and Essentia Management Systems entered into an Agreement for environmental consulting services; and WHEREAS, on October 1, 2007, Essentia Management was assigned by the CDC to complete the scope of a U.S. Environmental Protection Agency Brownfield Assessment Grant within the Westside Specific Planning area; and WHEREAS, Essentia Management Services merged with another qualified consulting firm, changed their business name to E2 Managetech, Inc., and on March 3, 2009 entered a subsequent Agreement with the CDC to complete the scope of the Westside Brownfield Assessment Grant; and WHEREAS, E2 Managetech Solutions, Inc., completed the grant scope and is fully informed about environmental conditions which must be addressed to develop the Westside Infill Transit Oriented Development ("WI-TOD") affordable housing project on the Public Works site and adjacent property in and around 2200 Hoover Avenue; and WHEREAS, the California Department of Toxic Substance Control has directed the CDC to prepare a Land Use Covenant for a portion of the WI-TOD site, and to complete one year of quarterly groundwater monitoring associated with a previous underground tank removal at the Public Works Center site; and WHEREAS, E2 Managetech Solutions, Inc., has prepared an acceptable proposal to complete this work for an amount not to exceed $53,104. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves the Agreement by and between the Community Development Commission of the City of National City and E2 Managetech Solutions Inc., not to exceed $53,104, to prepare a Land Use Covenant for a potion of the Public Works yard site at 2200 Hoover Avenue, and conduct quarterly ground water monitoring for one year, as required by the California Department of Toxic Substances Control. --- Signature Page to Follow --- Resolution No. 2010 — Page 2 PASSED and ADOPTED this 9th day of November, 2010. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia G. Silva CDC General Counsel ATTACHMENT 1 BACKGROUND REPORT The WI-TOD site comprises more than 10 acres of land currently occupied by industrial uses including the National City Public Works Center, property leased from the City by EDCO for a trash transfer station and the Sun Diego Charter Bus Company (2200 and 2020 Hoover Avenue). In order to redevelop these industrial sites into a residential project, environmental hazards must be identified and addressed in advance. CDC used a 2007 EPA Brownfields Grant of $200,000 and three DTSC Targeted Site Investigation grants to investigate all the sites needed for the WI-TOD. These investigations determined four environmental issues to be addressed: • Benzene in the location of a former fueling station on the Public Works Center site, • Hydraulic fluid beneath the vehicle maintenance bays at the Public Works Center site, • Heavy metals on the City site currently leased as an Edco trash transfer site, and • An underground storage tank on the Sun Diego Charter site. • Additionally the City has been under continuing orders from San Diego County Department of Environmental Health ("DEH") to monitor groundwater in the area of the former fueling station where underground tanks were removed in 2005. The results of the CDC investigations and, with DEH permission, the ongoing groundwater monitoring orders were submitted to the DTSC for review and the DTSC was requested to combine the groundwater monitoring case as part of the WI-TOD overall environmental project. The DTSC is the regulator overseeing treatment of hazardous materials for the WI-TOD. Upon review of State Toxicologists it was determined that development restrictions via a Land Use Covenant can be used to close the benzene contamination and at least one year of quarterly groundwater monitoring will be needed to determine if the ongoing groundwater case can be closed. Closure of the benzene through a Land Use Covenant is a sustainable and healthy strategy that will save significant resources and time, as well as causing fewer impacts to the environment. The LUC, which will be drafted by E2 and approved by the developer prior to submittal to the DTSC for approval and recordation, will regulate what types of improvements, for example parking, can be located in the former fueling area of the project. This sustainable approach saves approximately 12 - 14 months and up to approximately $200,000 of the $1.5 million allocated by the CDC for site remediation. E2 Managetech Solutions Inc., formerly Essentia Management Systems, was originally selected by the CDC in a competitive request for qualifications process and, at the CDC's direction, has completed all of the environmental due diligence for the WI-TOD project. Staff believes that due to the consultant's in depth knowledge of the site and its conditions, as well as community interests related to the project, that E2 Managetech Solutions is supremely qualified to conduct this assignment most expeditiously and cost-effectively for the CDC. AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND E2 Managetech, Inc. THIS AGREEMENT is entered into this 9th day of November, 2010, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and E2 MANAGETECH, Inc., an environmental engineering firm (the "CONSULTANT)". RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide environmental engineering services to prepare Land Use Control Agreement with the Department of Toxic Substances Control ("DTSC") for recordation of the regulatory closure of benzene contamination in the location of a former fueling station at the Public Works site at 2200 Hoover Avenue (`site") and to install one or two new groundwater monitoring wells on the site and conduct one year of quarterly groundwater monitoring at new and existing wells, not to exceed three wells in total, to be approved by the DTSC. WHEREAS, the CDC has determined that the CONSULTANT is a qualified environmental engineering firm originally selected through a competitive Request for Qualifications process which has studied the site extensively and is uniquely qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR/CONSULTANT [CHOOSE ONEl: The CDC 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 Exhibit " A ". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONSULTANT shall appear at meetings cited in Exhibit " A "to keep staff and City Council advised of the progress on the project. The CDC 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 CDC 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 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC 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. Daryl Hernandez 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 Exhibit " A"shall not exceed $53,104 (the Base amount) without prior written authorization from the Executive Director. Monthly 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 CDC. 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 CDC and for furnishing of copies to the CDC, if requested_ 5. ACCEPTABILITY OF WORK. The CDC 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 CONSULTANT and the CDC 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 CDC or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC 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. This agreement shall remain in effect until March 31, 2012. 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 CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CDCandCONSULTANT 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 CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer_ 2 CDC's Standard Agreement — June 2008 revision The CONSULTANT agrees that the CDC 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 CDC'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 CDC 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 CDC, or for any liability to the CDC should the documents be used by the CDC 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 CDC and are not entitled to any of the rights, benefits, or privileges of the CDC'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 CDC 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 CDC. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONTRACTOR/CONSULTANTs (choice left intentionally), as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONTRACTOR/CONSULTANT(s) shall require the subCONTRACTOR/CONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CDC 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 CONSULTANTor the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CDC wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CDC 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. The CONSULTANT, and each of its subcontractor/CONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that 3 CDC's Standard Agreement — June 2008 revision 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 CDC 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 CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CDC for any increased costs that result from the CDC'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 orientaton, 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 CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC 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 CDC. 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) 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 4 CDC's Standard Agreement- June 2008 revision 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 CDC. 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 CDC 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 Community Development Commission of 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 CDC 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 CDC 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 subCONTRACTOR/CONSULTANTS, 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 CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. 5 CDC's Standard Agreement — June 2008 revision E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CDC 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. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the National City 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 National City 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 CDC 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 CDC. 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 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 CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC 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 CDC'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 CDC. 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 CDC 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 CDC. 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 CDC,and the CONSULTANTshall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and Tess any damages caused the CDC by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC 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. 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 CDC: Patricia Beard Redevelopment Manager Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Julie Moe Reynolds 7 CDC's Standard Agreement - June 2008 revision Principal and CFO E2 Managetech Inc. 5000 East Spring Street, Suite 720 Long Beach CA 90815 Telephone: (562)740-1060 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 CDC. 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 CDC 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 CDC 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 CDC. 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 CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 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. 8 CDC's Standard Agreement — June 2008 revision 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. 9 CDC's Standard Agreement — June 2008 revision IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION E2 MANAGETECH Inc. (Corporation - signatures of two corporate officers) (Partnership- one signature) (Sole proprietorship- one signature) OF THE CITY OF NATIONAL CITY By: Ron Morrison, Chairman APPROVED AS TO FORM: Claudia Gacitua Silva CDC General Counsel Vice President and Principal (Title) Moe Reyn . Ids CFO and Principal (Title) By: / 711", aryl P. Hernandez 10 CDC's Standard Agreement - June 2008 revision CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE: November 9, 2010 AGENDA ITEM NO, 133 EM TITLE: (Report — A final report on the Areawide Brownfield Assessment Grant for the Westside Specific Plan area. ($200,000 — Federal Funds). PREPARED BY: Patricia Beard, Redevelopment Mgrl PHONE: 14250 DEPARTMENT: Community Development APPROVED BY - EXPLANATION: 'From October 2007 — 2010, the CDC used a $200,000 grant from the US Environmental Protection Agency ("EPA") to complete environmental investigations that would be essential to implementation of the Westside Specific Plan. The attached report, which is being submitted to the EPA to close out the grant, provides an overview of the accomplishments achieved by the grant. Those achievements include a complete environmental inventory of all Westside industrial uses which are potentially to be amortized under the Specific Plan and all of the necessary environmental investigations required as due diligence for the Westside Infill Transit Oriented Development being proposed for the site of the National City Public Works Center and adjacent site. FINANCIAL STATEMENT: ACCOUNT NO. 511-409-500-598-3846. ENVIRONMENTAL REVIEW: Not applicable, ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Accept and file. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Final Report National City Community Development Commission Final Report BF-00995201 Westside Neighborhood Brownfields Assessment FINAL Report for National City, California Grant # BF 00995201 Reporting Period: Quarterly Report Number: Date Submitted: Prepared by: Submitted to: Page 1 of 4 July 30, 2007 to November 30, 2010 FINAL REPORT November 4, 2010 Patricia Beard Redevelopment Manager City of National City 1243 National City Boulevard National City, California 91950 Phone: 619-336-4255 Fax: 619-336-4286 Email: PBeard@nationalcityca.gov Sara Russell, Project Manager, Region 9 Brownfields USEPA Region 9 75 Hawthorn St (SFD-6-1) San Francisco, California 94105 National City Community Development Commission Project Progress Grant Project Overview: Final Report The Westside Community -wide Assessment Grant was an exceptionally useful and productive grant for National City and we thank EPA for their partnership with us. When we began the grant in the summer of 2007, the City was midway through processing a Westside Specific Plan (a 6 year effort) that would rezone the neighborhood consistent with identified community principles. The plan was intended to eliminate an incompatible land use mix that was impacting human health and eliminate toxics from a residential area. We completed our areawide inventory and worked with a specially formed working group of neighborhood volunteers to identify sites for our initial Phase I investigations. Access to accommodate All Appropriate Inquiry standards was problematic and we worked with our EPA Program Officer to achieve compliance with these requirements where property owners refused us access. The initial Phase I's were spread across the neighborhood at a handful of sites we believed might be ripe for redevelopment should amortization of industrial uses occur after eventual adoption of the Specific Plan. In 2008 it became increasingly clear that a catalyst project would be the hest method of leveraging early implementation of the Specific Plan once it was adopted. A community design process was conducted for the project and a 14-acre site including properties owned by the City of National City and private parties. A competitive recruitment was held and community members participated in developer selection. At that point the focus of the Westside Areawide Brownfield grant was shifted to the project site. As a result of a clear project vision for the area, the CDC completed all of the environmental investigation needed for the WI-TOD through the Grant: Outputs: Completion of 18 Phase I Environmental Site Investigations (10-15 originally proposed), five (5) Phase II Environmental Site Investigations (up to five originally proposed), completion of an areawide environmental inventory for the entire Westside Specific Plan area. All sites have been entered into the ACRES database. Outcomes: Completion of all environmental due diligence for development of the 14- acre WI-TOD and a complete environmental inventory currently assisting in the development of an amortization schedule for industrial uses in the Westside Specific Plan area (165 acres). Project Status: The Westside Specific Plan was adopted by the National City City Council in March, 2010 and the accompanying zoning ordinances to pave the way for the WI-TOD and amortization of industrial uses were adopted by the City Council in September, 2010. The CDC entered a Consultative Agreement with the California Department of Toxic Substances Control ("DTSC") in 2009 to serve as regulator for the WI-TOD so that the scope of all Phase II's conducted under Page 2 of 4 National City Community Development Commission Final Report BF-00995201 the grant were conducted in accordance with regulator standards and guidelines. Primary contaminants identified on the WI-TOD site included benzene in the area of a former fueling station, heavy metals on the site of a trash transfer station and hydraulic fluid in the area of vehicle maintenance bays. Additionally an underground storage tank was discovered on a private property being acquired for the project. Currently the DTSC is working, post -grant, with the CDC on a green remediation strategy for the site and has determined that the benzene can be closed through a Land Use Covenant that the CDC hopes can be recorded by early in 2011. This sustainable approach to hazards saves significant time and money for the project. The heavy metals and hydraulic fluid will be remediated in conjunction with grading and demolition activities necessary to site development. Removal of the underground tank and subsequent testing will be required on the acquired site. Additional Information: Concurrently with completion of this grant project the CDC's environmental justice, sustainable remediation approaches and/or WI-TOD were presented, at the request of EPA, at Brownfields 2009, New Partners for Smart Growth 2010, Western Brownfields 2010 and LA-ULI Green Build Conference 2010. The WI-TOD was named a Brownfields Sustainability Pilot by EPA in February, 2010 and a Catalyst Project for California in August, 2010. The WI-TOD and efforts to sustainably transform the Westside will be presented at the New Partners for Smart Growth Conference in 2011. EPA also provided technical assistance to the CDC during this period to create "Clean Auto Body standards" which are currently being converted into ordinance form for implementation as these uses arc amortized from Westside. Summary of Activities: Work Plan Tasks 1 - 8 TASK #1 AREAWIDE INVENTORY AND PROPERTY PROFILE FORMS Complete. Travel: Complete — budget expended. TASK #2 COMMUNITY OUTREACH A final report will be provided to the CDC Board and public on November 9, 2010. TASK #3 PHASE I'S All Phase I's within this grant scope have been completed and Property Profile Forms completed on ACRES. The original scope called for 10 — 15 Phase I's however efficient practices allowed us to complete 18 Phase 1's as part of the grant. TASK #4 QUALITY ASSURANCE Complete and submitted to EPA. TASK #5 PHASE II'S The site locations for five Phase II's were approved by the EPA Program Manager and Page 3 of 4 National City Community Development Commission Final Report completed. All Phase II's were input into the ACRES database. TASK #6 COORDINATION Complete. TASK #7 REDEVELOPMENT PLANNING Remediation and redevelopment planning were conducted under the grant until the funds were exhausted. Planning is continuing currently funded by Local sources. TASK #8 REPORTING All quarterly reports as well as SF272 and MBE-WBE reports have been submitted. Final reports required by EPA are submitted with this final narrative report. Budget Notes: the CDC used the remaining Supplies Budget for contractual services The following table presents the final status of the budget: �` p. "m° ��MS'S��' L'"�j Budg tega ter, � C✓ 1 �(S.`' Ppro ed Budget Total costs ite lung Budget Personnel $0.00 $0.00 $0.00 Fringe Benefits $0.00 $0.00 $0.00 Travel $4,000.00 $4,000.00 $0.00 Equipment $0.00 $0.00 $0.00 Supplies $2,500.00 $188.54 $0.00 Contractual $193,500.00 $195,811.46 $0.00 Page 4 of 4 ITEM #34 11/910 TWO WEEK HOLIDAY CLOSURE UPDATE (CITY MANAGER) ITEM #35 11 /9/10 CLOSED SESSION REPORT (CITY ATTORNEY)