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HomeMy WebLinkAbout2011 02-01 CC CDC AGENDA PKTAgenda Of The 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 — February 1, 2011— 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretation en espaiiol 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.gov CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 2/1/2011- Page 2 PRESENTATION 1. Interviews and Appointments: Various Boards & Commissions and Outside Agencies. (City Clerk) 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. 2. Approval of the Minutes of the Adjourned Regular City Council/Community Development Commission Meeting of January 11, 2011. (City Clerk) 3. Resolution of the City Council of the City of National City authorizing the installation of 40 feet of red curb "No Parking" at the bus stop at northbound Highland Avenue, north of E. 8th Street to enhance safety. (TSC Item No. 2011- 2) (Development Services/Engineering) 4. Resolution of the City Council of the City of National City authorizing the installation- of -a -blue curb handicap parking spacewith_sign _in__front _ of the residence at 324 S. Kenton Avenue. (TSC Item No. 2010-25) (Development Services/Engineering) 5. Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of the residence at 1338 E. 16th Street. (TSC Item No. 2010-24) (Development Services/Engineering) 6. Resolution of the City Council of the City of National City authorizing the installation of "Keep Clear" striping with a "Do Not Block Intersection" sign for westbound traffic at the intersection of Sweetwater Road and Fairlomas Road to discourage vehicles stopped at the traffic signal at Ring Road (Plaza Bonita Mall) from queuing through the intersection at Fairlomas Road. (TSC Item No. 2011-1) (Development Services/Engineering) CITY COUNCIL/COMMUNITY. DEVELOPMENT COMMISSION AGENDA 2/1/2011- Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City authorizing the filing of an application for Communities Putting Prevention to Work (CPPW) — Safe Routes to School Capacity Building and Planning Grant Program funds through the San Diego Association of Governments for the National City Safe Routes to School Education and Encouragement Initiative, accepting the terms of the grant agreement, and stating the assurance of the City of National City to complete the project by February 1, 2012. (Development Services/Engineering) 8. Resolution of the City Council of the City of National City approving modification of a previously approved Tentative Subdivision Map to delete a Condition of Approval requiring utilities to be placed underground at 1205-1343 Fig Court. (Applicant: Robert Gulota) (Case File 2010-36 M (S-2006-12) (Development Services/Planning) 9. Resolution of the City Council of the City of National City authorizing the acceptance of the Stone Garden grant in the amount of $657,030.00 and authorizing the expenditure of grant funds for programmatic operations and equipment purchases including police vehicles, remote camera system, communications equipment and upgrades and tactical equipment and authorizing the Chief of Police to sign the Memorandum of Agreement between the City of National City Police Department and the County of San Diego Sherriffs Department. (Police) 10. Resolution of the City Council of the City of National City approving and authorizing the issuance of a written report pertaining to a Moratorium Ordinance prohibiting the issuance of Massage Technician Permits and prohibiting new massage establishments from locating within the City. (City Attomey) 11. Resolution of the City Council of the City of National City ratifying a Fourth Amendment to Agreement for exchange of real property and joint escrow instructions (522 West 8th Street and 2020 Hoover Avenue). (City Attorney) 12. WARRANT REGISTER #25 Warrant Register #25 for the period of 12/15/10 through 12/21/10 in the amount of $49,079.75. (Finance) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 2/1 /2011- Page 4 CONSENT CALENDAR (Cont.) 13. WARRANT REGISTER #26 Warrant Register #26 for the period of 12/22/10 through 12/28/10 in the amount of $1,163,063.38. (Finance) 14. WARRANT REGISTER #27 Warrant Register #27 for the period of 12/29/10 through 01/04/11 in the amount of $1,111,116.97. (Finance) 15. Investment Report for Quarter ended December 31, 2010. (Finance) PUBLIC HEARING 16. Public Hearing — Conditional Use Permit for the expansion of an existing restaurant — Tita's II - and the modification of nonconforming alcohol sales at 3421 East Plaza Blvd. (Applicant: Roger Speir) (Case File 2010-29 CUP) (Development Services/Planning) NEW BUSINESS 17. A request for an additional extension to May 9, 2011, the 40-day period of initiation of a Street Vacation to vacate portions of D Avenue, south of 31St Street and 32nd Street, east of D Avenue to March 9, 2011. (Applicant: Sudberry Properties, Inc.) (Case File No. 2008-37 SC). (Development Services/Planning) 18. Request from County Employee's Charitable Organization (C Kimball Senior Center on 3/23/11 from 6:00 am — 10:00 am for their CECO Awards Breakfast for approximately 100 attendees. Applicant has submitted partial payment and is requesting full/partial waiver of fees. (Community Services) 19. Request for City Council Member Appointment(s) to City of National City Ad Hoc Committees: Anti-Smoking/Tobacco; Special Events; Capital Improvement Program (C.I.P.); Evaluation Committee for potential Community Development Commission (CDC) Bond Advisors. (City Manager) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 2/1/2011- Page 5 NEW BUSINESS (Cont.) 20. Temporary Use Permit — Sweetwater Harley-Davidson Rare Breed MC Annual Dance event at 3201 Hoover Avenue on February 11, 2011 from 8:30 p.m. to 12:30 p.m. with no waiver of fees. (Neighborhood Services Division) 21. Temporary Use Permit — The Leukemia & Lymphoma Society's Ragner Relay SoCal 2011 running race through National City on April 16, 2011 from 9:00 a.m. through 8:00 p.m. with no waiver of fees. (Neighborhood Services Division) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 22. Resolution of the Community Development Commission of the City of National City (CDC) authorizing the Chairman to execute a Subordination Agreement with Mike N. Dallo and Mona Dallo to place the Community Development Commission Facade Loan Agreement in a second trust deed position for the property located at 303 Highland (Foodland). (Community Development) 23. Authorize the reimbursement of Community Development Commission expenditures in the amount of $27,370.87 to the City of National City for the period of 12/15/10 through 12/21/10. (Finance) 24. Authorize the reimbursement of Community Development Commission expenditures in the amount of $88,308.92 to the City of National City for the period of 12/22/10 through 12/28/10. (Finance) 25. Authorize the reimbursement of Community Development Commission expenditures in the amount of $673,159.66 to the City of National City for the period of 12/29/10 through 01/04/11. (Finance) 26. Investment Report for Quarter ended December 31, 2010. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 2/1/2011- Page 6 NEW BUSINESS STAFF REPORTS 27. Soccer Field Update (Development Services) 28. Verbal Report on fire at 326 W. 12th Street. (Fire) 29. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Adjourned Regular Meeting — National City City Council and Community Development Commission Budget Workshop — Saturday, February 5, 2011 — 9:00 a.m. — Council Chambers — National City Regular City Council and Community Development Commission Meeting — Tuesday — February 15, 2011 — 6:00 p.m. - Council Chambers — National City, Califomia. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 1, 2011 AGENDA ITEM NO. 1 fEM TITLE: Interviews and Appointments: Various Boards & Commissions and Outside Agencies PREPARED BY: Michael R. Della DEPARTMENT: City CI PHONE: 619-336-4226 APPROVED BY: 9 EXPLANATION: Vacancies and expired terms currently exist on various Boards, Commissions and outside agencies. The vacancies and expired terms have been advertised and posted. Incumbent appointees have been contacted to determine their desire for re -appointment. At the January 1P and 25th meetings, the City Council conducted interviews for applicants and currently serving board members requesting re -appointment. Applicants unable to be present at the last meetings, incumbent board members and any new applicants have been asked to be present and available for interview. A summary report of vacancies, expired terms, applicants and requests for re -appointment will be provided prior to the meeting. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: Conduct interviews and appointments. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: me. ITEM #2 2/5/2011 APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF JANUARY 11, 2011 (CITY CLERK) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 1, 2011 AGENDA ITEM NO. 3 'EM TITLE: Resolution of the City Council of the City of National City authorizing the installation of 40 feet of red curb "No Parking" at the bus stop on northbound Highland Avenue, north of E. 8th Street, to enhance safety (TSC Item No. 2011-2) PREPARED BY: Stephen Manganiello, Traffic Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Develo APPROVED BY: En ices / FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on January 12, 2011 the Traffic Safety Committee approved the staff recommendation to install 40 feet of red curb "No Parking" at the bus stop to enhance safety. ATTACHMENTS: Explanation z. Resolution 3. Staff Report to the Traffic Safety Committee (January 12, 2011) Explanation Mr. Bill Kemper, resident of 523 F Avenue, has requested installation of red curb "No Parking" at the bus stop on northbound Highland Avenue, just north of E. 8th Street. Currently, if a vehicle is parked curbside buses are forced to stop short of the bus stop, thereby blocking the driveway to the 7-Eleven. Other residents voiced their concerns at previous Northside Neighborhood Council meetings. Staff visited the site and confirmed that red curb is not provided at the bus stop. This is a busy location for traffic and red curb would assist buses in keeping clear of the commercial driveway. The adjacent property is a vacant lot so the Toss of two parking spaces would not be significant. Staff also met onsite with MTS to consider relocating the bus stop further north to E. 7th Street. Staff from both agencies had concerns about relocating the bus stop to E. 7th Street since the intersection is uncontrolled, which can make crossing Highland Avenue difficult for pedestrians based on current traffic volumes and speeds. Staff agreed that the bus stop should remain in place since it is close to E. 8th Street, where a signalized crossing is provided for pedestrians. Therefore, staff recommends installation of 40 feet of red curb "No Parking" at the bus stop on northbound Highland Avenue, north of E. 8th Street, to enhance safety. All work will be completed by the City Public Works Department. TSC 2011-2 RESOLUTION 2011 -- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE THE INSTALLATION OF 40 FEET OF RED CURB "NO PARKING" AT THE BUS STOP ON NORTHBOUND HIGHLAND AVENUE, NORTH OF EAST 8TH STREET TO ENHANCE TRAFFIC SAFETY WHEREAS, a National City resident has requested red curb "No Parking" at the bus stop on northbound Highland Avenue, just north of East 8th Street to prevent cars from parking adjacent to the bus stop thereby causing the buses to block the driveway to the 7- Eleven store; and WHEREAS, after inspecting the sight, staff recommends the installation of 40 feet of red curb "No Parking" at the bus stop on northbound Highland Avenue, north of East 8th Street; and WHEREAS, at it's meeting on January 12, 2011, the Traffic Safety Committee approved staff's recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of 40 feet of red curb "No Parking" on northbound Highland Avenue, just north of East 8th Street to enhance traffic safety. PASSED and ADOPTED this 1st day of February, 2011. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JANUARY 12, 2011 ITEM NO. 2011-2 ITEM TITLE: REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" AT THE BUS STOP ON NORTHBOUND HIGHLAND AVENUE, NORTH OF E. 8TH STREET, TO ENHANCE SAFETY (BY: B. KEMPER) PREPARED BY: Stephen Manganietlo, Engineering Department DISCUSSION: Mr. Bill Kemper, resident of 523 F Avenue, has requested installation of red curb "No Parking" at the bus stop on northbound Highland Avenue, just north of E. 8th Street. Currently, if a vehicle is parked curbside buses are forced to stop short of the bus stop, thereby blocking the driveway to the 7-Eleven. Other residents voiced their concerns at previous Northside Neighborhood Council meetings. Staff visited the site and confirmed that red curb is not provided at the bus stop_ This is a busy location for traffic and red curb would assist buses in keeping clear of the commercial driveway_ The adjacent property is a vacant lot so the loss of two parking spaces would not be significant. Staff also met onsite with MTS to consider relocating the bus stop further north to E. 7`" Street. Staff from both agencies had concerns about relocating the bus stop to E_ 7th Street since the intersection is uncontrolled, which can make crossing Highland Avenue difficult for pedestrians based on current traffic volumes and speeds. Staff agreed that the bus stop should remain in place since it is close to E. 8`r' Street, where a signalized crossing is provided for pedestrians. STAFF RECOMMENDATION: Staff recommends installation of 40 feet of red curb "No Parking" at the bus stop on northbound Highland Avenue, north of E. 8"' Street, to enhance safety EXHIBITS: 1. Correspondence 2. Location Map 3. Photo 2011-2 1 Stephen Manganiello From: Lauren Maxilom Sent: Tuesday, December 07, 2010 5:42 PM To: Stephen Manganiello Subject: RE: MTS bus routes Bill Kemper 523 F Ave 177 6633 From: Stephen Manganiello Sent: Tuesday, December 07, 2010 5:39 PM ro: Lauren Maxilom ;ubject: RE: MTS bus routes >ure, you can email me the contact into. =rom: Lauren Maxilom Sent: Tuesday, December 07, 2010 5:13 PM ro: Stephen Manganiello iubject: RE: MTS bus routes won't have a chance to talk to the Neighborhood Council until January since we don't lave meetings in December. Do you want me to give you the contact information for he most vocal resident about this concern? :rom: Stephen Manganiello lent: Tuesday, December 07, 2010 3:28 PM o: Lauren Maxilom ;ubject: RE: MIS bus routes Ve already evaluated this location with MTS. We want to keep it as close to the signal at 8th Street to liscourage people from crossing raid -block. Currently the bus stop is located just north of the 7-11 Iriveway- If we install red curb "No Parking" at this location the bus would not block the driveway_ 1f the esidents are in support of this solution we will take it to the Traffic Safety Committee. 'hanks itepherr 4fanganiello "ra£fc Engineer 1ityofNational City ;ngineering Department ' 243 National City Boulevard National City, CA 91950 shone- 619-336-4380 ax- 619 336-4397 firect: 619-336-4382 mai1= smangarrielloenationalcityca.gov vebsite: www.nationalcityca.gov rom: Lauren Maxilom ;ent: Tuesday, December 07, 2010 2:46 PM t / i 0/2011 To: Stephen Manganiello Subject: MTS bus routes Steve, C have any say in the location of MTS bus stops? Residents have complained about the stop on Hrgnrand Ave & 8th St. next to the Highland Ave entrance to 7-11. Anything we can do to have that stop moved even half a block north so it doesn't block the intersection and entrance to 7-11? Thanks, Lauren D. Maxilom Neighborhood Council Specialist City of National City (619) 336-4289 / 10/2011 3 Location Map Bus Stop on Northbound Highland Ave, north of E. Sth St (looking east) 5 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 1, 2011 AGENDA ITEM NO. 4 EM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of the residence at 324 S. Kenton Avenue (TSC Item No. 2010-25) PREPARED BY: Stephen Manganiello, Traffic Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Develu►,- S: Ices / APPROVED BY: E FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on January 12, 2011 the Traffic Safety Committee voted in favor of installing a blue curb handicap parking space with sign in front of the residence at 324 S. Kenton Avenue. ATTACHMENTS: xplanation L. resolution 3. Staff Report to the Traffic Safety Committee (January 12, 2011) Explanation Ms. Maria Verdugo, resident of 324 S. Kenton Avenue, has requested a blue curb handicap parking space in front of her home. Ms. Verdugo has a heart condition, asthma, two herniated discs in her back and knee problems making it difficult for her to walk long distances. A letter from her doctor confirming her conditions and requesting a handicap parking space on her behalf is included in the attached staff report to the Traffic Safety Committee. Ms. Verdugo has a valid Disabled Person Placard from the State of California Department of Motor Vehicles. Staff visited the site and observed that there is a driveway on the property. However, Ms. Verdugo must unlock and open a rigid metal gate to access her driveway. Staff deferred to the Traffic Safety Committee as to whether or not the gated driveway is deemed "useable" or readily accessible. Currently, there are no blue curb handicap parking spaces provided nearby. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off- street space available that maybe converted into disabled parking. Staff deferred to the Traffic Safety Committee as to whether or not this condition is met. The Traffic Safety Committee made the determination that Ms. Verdugo's driveway is not "useable" for disabled parking given her medical conditions and subsequent difficulty opening the rigid gate. Therefore, the Committee voted unanimously in favor of installing a blue curb handicap parking space with sign in front of the residence. The Committee did however, recommended that Ms. Verdugo replace the gate with a newer, more user-friendly model (such as a gate with rollers) as soon as financially possible, and that staff revisit the site periodically to determine if the handicap space is still warranted. All work will be completed by the City Public Works Department. TSC 2010-25 RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH A SIGN IN FRONT OF THE RESIDENCE AT 324 SOUTH KENTON AVENUE WHEREAS, a resident with a valid Disabled Person Placard from the State of California Department of Motor Vehicles, has requested the installation of a blue curb handicap parking space in front of her home at 324 South Kenton Avenue; and WHEREAS, after conducting an inspection and review, staff determined that all conditions have been met for the property to qualify for a blue curb handicap parking space; and WHEREAS, at it's meeting on January 12, 2011, the Traffic Safety Committee approved staff's recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of a blue curb handicap parking space with a sign in front of the residence at 324 South Kenton Avenue. PASSED and ADOPTED this lst day of February, 2011. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR January 12, 2011 ITEM TITLE: "OLD BUSINESS" ITEM NO. 2010-25 REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 324 S. KENTON AVENUE (BY M. VERDUGO1 PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Ms. Maria Verdugo, resident of 324 S. Kenton Avenue, has requested a blue curb handicap parking space in front of her home. Ms_ Verdugo has a heart condition, asthma, two herniated discs in her hack and knee problems making it difficult for her to walk long distances_ A letter from her doctor confirming her conditions and requesting a handicap parking space on her behalf is attached. Ms. Verdugo has a valid Disabled Person Placard from the State of California Department of Motor Vehicles_ Staff visited the site and observed that there is a driveway on the property. However, Ms. Verdugo must unlock and open a rigid metal gate to access her driveway. Staff defers to the Traffic Safety Committee as to whether or not the gated driveway is deemed "useable" or readily accessible. Currently, there are no blue curb handicap parking spaces provided nearby_ The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or,"disabled veterans"_ This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. The residence must not have useable off-street parking available or an off-street space available that maybe converted into disabled parking. Staff defers to the Traffic Safety Committee as to whether or not this condition is met STAFF RECOMMENDATION: Staff defers to the Traffic Safety Committee as to whether or not all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case_ 1 EXHIBITS: 1 _ Correspondence 2. Location Map 3. Photo 4. Disabled Persons Parking Policy 2010-25 (2) 2 al- „1-e,aAti,-- e , / z:- / a j/4 _ r 0 ®,f%% Gci, i/r > • J c if)" (lit t4/e0 d7,r% l Lt�cclf i/ ( «l t/I�J ,4„„ f =j `: j ` 4X-/ f d7,e fir = �, __Ay 0764, -0 ,,t4-z/.(/',.//w_ii,:2 9L -r / Utz C/1Z_- i j :1'C f_C--re . L /2�1---d57)Z/ Pe -4- %Li liY1,7am, dath- o/%) 1- 4'N e. 4e7-7X Xed 7/Y 3 1 TYPE: N1 TV:92 DOB: 03/22/1949 ISSUED TO VERDUGO MARIA ELSIE 324 S KENTON AVE NATIONAL CITY CA 91950 DEPARTMENT OF MOTO VEHICLES DISABLED PERS N PLACARD IDENTIFICATION CARD/RECEIPT PLACARD NUMBER: 003439H EXPIRES: 06/30/2011 DATE ISSUED, 03/28/2009 This identification card or facsimile copy is to b carried by the placard owner. Present it to any peace officer upon demand. Immediately notify DMV by mail of any change of address. When parking, hang the placard from the rear view mirror, remove it from the mirror when driving. When your placard Is properly displayed, you may park In or on: CO: 37 ' 'Disabled person parking spaces (blue zones) Metered zones without paying, ',Green zones without restrictions to time limits, Streets where preferential parking privileges are given to (residents and merchants. You may not park In or on: ',Red, Yellow, White or Tow Away Zones. '(Crosshatch marked spaces next to disabled person parking spaces. Purchase of fuel (Business & Professions Code 13660): State law requires service stations to refuel a disabled person's vehicle at self-service rates, except self-service facilities with only one cashier. It Is considered misuse to: 'Display a placard unless the disabled owner Is being ransported. "!Display a placard which has been cancelled or revoked. '(Loan your placard to anyone, including family members, Misuse Is a misdemeanor (section 4461VC) and can result in cancellation or revocation of the placard, loss parking privileges, and/or fines. 003 DPP000 Rev(0/0,) tiI Name: VERDUGO, MARIA MRN#: 1172821 INVRees-Stealy Medical Group Note Owner: PAULO GUILLINTA M_D. Date of Encounter: 12/03/2010 iLetter DOB: 03/22/1949 Gender: F To Whom 1t May Concern: Ms. Maria Verdugo is under my care for heart disease. She has recently undergone open heart surgery. She has significant limitations with her functional capacity and is unable to walk long distances due to multiple, chronic medical illness Consideration should be made to allow for a handicap parking space to be made available near her home. Please call me with any questions you may have. Sincerely, Phulo Guillinta, MD, FACC Sharp Rees Stealy Medical Group Division of cardiology San Diego Main office telephone: 858-939-6561 Chula Vista Main office telephone: 619-585-4304 Electronically signed by:PAULO GUILLINTA M.D. Dec 14 2010 10:15AM PST Author This document is privileged and confidential, and is intended for those individuals personally involved in the care of rdividaat patients who may be identifiable from this information. All other use or disclosure is strictly prohibited unless pecifically and legally authorized. Printed: 12/14/2010 10:16AM Printed from Touchworks 1 of 1 5 Front The Desk Of: Cheng-1 Lin, M.D. Family Practice 1400 East Palomar SL Chula Vista, CA 91913 Phone: (6i9) 636,2600 gnu) Rees-Steaiy ® Medical Group /0 14,110 ls. I2/(S/ /o lobe y� /teak( (- r, e?57,H1 1 f7Fj/lEyrnc h iji CHENG-I LIN, M.D. SHARP BEES-STEALY, CHULA VISTA r' FAMILY PRACTICE 1 1400 EAST PALOMAR STREET C HULA VISTA, CA 91913 (868) 490-2261 6 Location Map 324 S. Kenton Ave. (looking west) 324 S. Kenton Ave. (looking west) 8 DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of -Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specialty marked and posted on -street parking spaces fix disabled persons pursuant to California Vehicle Code 21101, et seq at the following facilities_ Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc 2 Hospitals and convalescent homes with more than 75-bed capacity_ 3- Medical facilities and doctors' offices staffed by a maximum of five practitioners Zones shall be located to serve a maximum number of facilities on one block Community service facilities such as senior citizens service centers, etc. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons_ 6 Employment offices for major enterprises employing more than 200 persons. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity 9. Other places of assembly such as schools and churches 10_ Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space Zone shall be located to serve a maximum number of facilities on one Klock. 11 Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 9 12 A hotel or apartment house catering to weekly or monthly guests and containing more than 10 separate living units_ In addition, disabled persons parking spaces may be provided within all publicly owned, -leased or controlled off-street parking facilities as specified in the Gene al Requirements_ General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international sytnbol of accessibility (a profile view of a wheelchair with occupant)_ Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area_ Disabled persons parking will not be installed at locations with a full-time parking prohibition_ When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition_ The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities_ In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature_ The intent is to prevent the proliferation of special parking stalls that may he installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program_ Special hardship Cases tt is not the intention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas. However, exceptions may he made, in special hardship cases, provided all of the following conditions exists (t) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence 10 (3) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking_ NOTE_it must be emphasized that ,such parking spaces do not constitute `personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls_ Jha p 11 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 1, 2011 AGENDA ITEM NO. 5 EM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of the residence at 1338 E. 16th Street (TSC Item No. 2010- 24) PREPARED BY: Stephen Manganiello, Traffic Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Develop APPROVED BY: Eni ices / FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on January 12, 2011 the Traffic Safety Committee approved the staff recommendation to install a blue curb handicap parking space with sign in front of the residence at 1338 E. 16th Street. ATTACHMENTS: xplanation 2. Resolution 3. Staff Report to the Traffic Safety Committee (January 12, 2011) Explanation Ms. Toni Palos, resident of 1338 E. 16th Street, has requested a blue curb handicap parking space in front of her home. Ms. Palos is visually impaired and has a valid Disabled Person Placard from the State of California Department of Motor Vehicles. Staff visited the site and observed that there is no accessible parking on the property. Access to Ms. Palos' residence is provided off of N Avenue, just south of E. 16th Street. Currently, there are no blue curb handicap parking spaces provided nearby. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off- street space available that maybe converted into disabled parking. This condition is met. All work will be completed by the City Public Works Department. TSC 2010-24 RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH A SIGN IN FRONT OF THE RESIDENCE AT 1338 EAST 16TH STREET WHEREAS, a resident with a valid Disabled Person Placard from the State of California Department of Motor Vehicles, has requested the installation of a blue curb handicap parking space in front of her home at 1338 East 16th Street; and WHEREAS, after conducting an inspection and review, staff determined that all conditions have been met for the property to qualify for a blue curb handicap parking space; and WHEREAS, at it's meeting on January 12, 2011, the Traffic Safety Committee approved staffs recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of a blue curb handicap parking space with a sign in front of the residence at 1338 East 16th Street. PASSED and ADOPTED this 1st day of February, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR January 12, 2011 "OLD BUSINESS" ITEM NO. 2010-24 ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 1338 E. 16T" STREET (BY T. PALOSI PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Ms. Toni Palos, resident of 1338 E. 16"' Street, has requested a blue curb handicap parking space in front of her home. Ms. Palos is visually impaired and has a valid Disabled Person Placard from the State of California Department of Motor Vehicles. Staff visited the site and observed that there is no accessible parking on the property. Access to Ms. Palos' residence is provided off of N Avenue, just south of E. 16"' Street. Currently, there are no blue curb handicap parking spaces provided nearby. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces_ The City Council Policy requirements for "Special Hardship" cases are as follows: 1 _ Applicant (or guardian) must be in possession of valid license plates for disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence_ This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that maybe converted into disabled parking. This condition is met. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with sign on N Avenue, adjacent to the residence at 1338 E. l6"' Street. EXHIBITS: 1. Correspondence 2_ Location Map 3. Photo 4. Disabled Persons Parking Policy 2010-24 (2) 1 •Jt _-t( I !•JV i. 1 .J ll fti1_.J.� fitiLlC Jl private nnn_/iropt o;ganizatton r teafhartg the blind to case for fancied by contrattafanits and bequests. 1 FAX COVER SHEET 2LYl(cC [�F(rYAtiV1 1 % A_ —I orj TO : 'L h ,,,A-‹ pNcrN t�'(Ian ft�C1 t © 1 V. L [ -ti,e 66r1ci'' FROM: T •s 1 _1 arit alo =- NAME 0 :,L.t�V., i- u t XV • r- a , V.� I•u,,,,,,,— I t[ r y / KE: ; y /7 / {`! :J1:c /7 Y7 �o <i 1'�r!! i.n a_ _�n�.`c=�- IFAX. it - 3 / _.1,13 q7 7 �F' I ! { FAX ii (619 583-2335 % �`- 7 crll.Ttr� I /"T 1 fl{ S_ • �.� k.A. if you do trot receive all the pages, please call 6519) 5R3-i542 Original to Follow in mail? Yes or no 5922 tii Cajon Bouievoru San Diego, CA 92 15-3826 (619) 583-1542 1 385 ouriuff rr(uei v,sr°, CA 92084-4164 (7601 758-5936 2 �. q11 HW, T (-n 1T- CiL Scot. 13, 2010 Stephen Manganeito, City Engineer National City, California Re: Yam- coasidder4tion to ine.att- a Diknhlec{ Pa kir g space Convenient to i :«..t.s �. it«.. Per our discussion, and your investigation of the circumstances, this is to ask you to act upon my request to arrange for a designated parking space, as may be feasible, foe Disabled Persons at my home address of: 13314t-_. 16`i' St., National City, CA 91950, v � j „- Toni Palos rl/ Hanle phone: 1; i 9 474-8238 Cell phc,ne: 619 2 1 -V24c 3 111 J`t : t t OV G .-TOR V l:C! Ce Px w W N tIftll9E : OO— n1C� DEPARTMENT OF MOTOR v�nla....c� rua�nt�lr.....�.�.��- 3___t'l • D1r5A_RI En PERSON PLACARD 1DE!'T!EI[ ATION aR IRGf`EIPT EXPIRES: 06/301201 1 DATE_ ISSUED_ o3l2a/2Ooi -this identification card or facsimile copy i5 to be carried by the placar-d a ne . Pre`ent it to any peace officer upon demand irnmediaiaiy noiity i ivry by mail viany change s( address. When parking, hang the placard from the rear Viizv mirror, i meve :! from the mirror when driving. When your ptactrn Jroper.y.laa ayed , m t you Way park Il.:.: -^^ TYPE: Ni TV:92 CO: 37, " Disabled person parking spaces t::::a z r:ea, tiva: u2/211gg 1 bisED TO PALOS ION' .I 1336 E 16TH ST NATIQt4AT CITY CA 91950 Purchase of Wei (Business & Professions Code 1136 ii ): ' State law requires service stations to refuel a disabled person"s vehicle at self-service rates, except soil -service with only cashier_ " Metered cones without paying_ • Green zones without restrictions to time limns_ f-ltfeets where preterontial parking privileges are giver1 residents and merchants_ Youmav not park In or on: • Red. Vik: , White Oar TOW Away Zonet£. ' Crosshatch marked spaces next tv person part`., :g apace.s. it ° ci:matdored }et:ae t Display a piacarri unless the disabled own- i beiaj transpot ieu- " Display a placard which has teem caacei e:.l • Loan your placard to anyone, including family mea—ibe:- Misuse is a ;isde:ea}er (section 4461itC1 and Can result in caq<-.eilation or revocation of the placard, loss of padding privileges, and/or fines DV9am F« 4 Location Map ..,••••• • ••••i",..7-1„,.,,"" t.• • ••%. — eptm '" • . • I, • 070' N Avenue, adjacent. to 1338 E. 16`h Street (looking west) 6 DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles_ The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq_ at the following facilities_ Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc 2- 1-Hospitals and convalescent homes with more than 75-bed capacity. Medical facilities arid doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. Community service facilities such as senior citizens service centers, etc_ Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons_ Employment offices for major enterprises employing more than 200 persons_ Public recreational facilities including municipal swimming pools, recreation halls, museums, etc_ Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity Other places of assembly such as schools and churches 10 Commercial andlor office building(s) with an aggregate of more than 50,000 square feet of usable floor space Zone shalt he located to serve a maximum number of facilities on one block_ Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day_ 7 l2_ A hotel or apartment house catering to weekly or monthly guests and containing {note than 30 separate living units In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant)_ Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the sane time restrictions as the part-time parking prohibition_ The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities_ In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature_ The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program_ Special Hardship Cases it is not the intention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas_ however, exceptions may be made, in special hardship cases, provided ail_of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans_" (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence_ 8 (3) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:Et must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid `disabled persons" license plates may park in the above stalls. Jha:p 9 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 1, 2011 AGENDA ITEM NO. 6 =M TITLE: Resolution of the City Council of the City of National City authorizing the installation of "Keep Clear" striping with a "Do Not Biock Intersection" sign for westbound traffic at the intersection of Sweetwater Road & Fairlomas Road to discourage vehicles stopped at the traffic signal at Ring Road (Plaza Bonita Mall) from queuing through the intersection at Fairlomas Road (TSC Item No. 2011-1) PREPARED BY: Stephen Manganiello, Traffic Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Develo APPROVED BY: Eng. rvices / FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on January 12, 2011 the Traffic Safety Committee approved the staff recommendation to install "Keep Clear" striping with a "Do Not Biock Intersection" sign. ATTACHMENTS: Explanation z. Resolution 3. Staff Report to the Traffic Safety Committee (January 12, 2011) Explanation Mrs. Elvia Carbajal, resident of Fairlomas Road, has requested installation of "Keep Clear" striping at the intersection of Sweetwater Road & Fairlomas Road to discourage vehicles stopped at the traffic signal at Ring Road (Plaza Bonita Mali) from queuing (stacking) through the intersection at Fairlomas Road, thereby preventing ingress/egress. Staff confirmed that during afternoon and evening peak periods of shopping activity at the Plaza Bonita Mall, westbound Sweetwater Road vehicles may periodically queue through the intersection at Fairlomas Road while waiting to turn left at the Ring Road traffic signal. Therefore, staff recommends installation of "Keep Clear" striping with a "Do Not Block Intersection" sign for westbound traffic at the intersection of Sweetwater Road & Fairlomas Road to discourage vehicles stopped at the traffic signal at Ring Road (Plaza Bonita Mall) from queuing through the intersection at Fairlomas Road. All work will be completed by the City Public Works Department. TSC 2011-1 RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF "KEEP CLEAR" STRIPING WITH A "DO NOT BLOCK INTERSECTION" SIGN FOR WESTBOUND TRAFFIC AT THE INTERSECTION OF SWEETWATER ROAD AND FAIRLOMAS ROAD TO DISCOURAGE VEHICLES STOPPED AT THE TRAFFIC SIGNAL AT RING ROAD (PLAZA BONITA MALL) FROM QUEUING THROUGH THE INTERSECTION AT FAIRLOMAS ROAD WHEREAS, the Engineering Department responded to a resident's request to install "Keep Clear" striping at the intersection of Sweetwater Road and Fairlomas Road to discourage vehicles stopped at the traffic signal at Ring Road (Plaza Bonita Mall) from blocking the intersection at Fairlomas Road, thereby preventing ingress and egress; and WHEREAS, staff agrees that the "Keep Clear" striping is warranted and recommends installation of "Keep Clear" striping with a "Do Not Block Intersection" sign for westbound traffic at the intersection of Sweetwater Road and Fairlomas Road; and WHEREAS, at its regular meeting on January 12, 2011, the Traffic Safety Committee approved Staffs recommendations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of "Keep Clear" striping with a "Do Not Block Intersection" sign for westbound traffic at the intersection of Sweetwater Road and Fairlomas Road to discourage vehicles stopped at the traffic at the signal at Ring Road from queuing through the intersection at Fairlomas Road, thereby preventing ingress and egress. PASSED and ADOPTED this 1st day of February, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JANUARY 12, 2011 ITEM TITLE: ITE11'I NO. 2011-1 REQUEST FOR INSTALLATION OF "KEEP CLEAR" STRIPING AT THE INTERSECTION OF SWEETWATER ROAD & FAIRLOMAS ROAD (BY: E. CARBAJAL) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mrs_ Elvia Carbajal, resident of Fairlomas Road, has requested installation of "Keep Clear" striping at the intersection of Sweetwater Road & Fairlomas Road to discourage vehicles stopped at the traffic signal at Ring Road (Plaza Bonita Mall) from queuing (stacking) through the intersection at Fairlomas Road, thereby preventing ingress/egress. Staff confirmed that during afternoon and evening peak periods of shopping activity at the Plaza Bonita Mall, westbound Sweetwater Road vehicles may periodically queue through the intersection at Fairlomas Road while waiting to turn left at the Ring Road traffic signal. STAFF RECOMMENDATION: Staff recommends installation of "Keep Clear" striping with a "Do Not Block Intersection" sign for westbound traffic at the intersection of Sweetwater Road & Fairlomas Road to discourage vehicles stopped at the traffic signal at Ring Road (Plaza Bonita Mall) from queuing (stacking) through the intersection at Fairiomas Road. EXHIBITS: 1. Correspondence 2. Location Map 3_ Photo 2011-1 1 Stephen Manganiello From: Stephen Manganiello Sent: Monday, December 06, 2010 6:07 PM To: Chris Zapata Cc: Brad Raulston; Leslie Deese; Maryam Babaki; Lavonne Watts Subject: RE: Request by Elvia Carbajal - traffic on Sweetwater Rd. at Fairlomas Rd. Chris, Per your request t spoke with Mrs. Carbajal regarding her traffic concerns on Sweetwater Road near Plaza Bonita Mali. According to Mrs- Carbajal, traffic waiting to turn left onto Ring Road (Plaza Bonita Mall) has been queuing through the intersection of Sweetwater Road & Fairlomas Road, obstructing ingress/egress 10 Fairlomas Road. t mentioned to her that staff would perform a site evaluation and present recommendations to the Traffic Safety Committee on January 12th. We will likely recommend "KEEP GI FAR" striping. She was very appreciative_ I also briefed Maryam on this issue Thank you. Stephen Manganiello Traffic Engineer City of National City Engineering Department 1243 National City Boulevard National City, C3 91950 phone: 61.9-336-4380 fax: 619-336-4397 direct: 619-336-4382 email: smanganiellognationalcityca.gov website: www.nationalcitycagov 1/10/2011 Lk) /-"*.., • ,...,;W..•;k,,,,,,-,,,,..-„.',,11..1";t:',":".'.. 4..,i,..`".;',,,.;,;.„..„ - , . ,' • ,'.'...,!t'4 ..„,H,,oro•-•ii.;„,-.-:,,,,iti 4,iiri;,,,','"17-,...^"-- - '''''','. ;,;...'''''''''''g'',!:-',P4,4:4*,'141+IF;;;;i1,,L4,..;*.i,,,-;',:,` :', , .,,,,: ,;,"......,•-f",,:,,," ',..'„,;;;,, .... , , . . i'IN;A:, ItgetijiM*';',' .1',Ifi:',',;["'F:';!,;V:',t'..:2j,:r'''.4:'•.'5'1',,'...;.j,IM'''''''''',:l.:,',',',:',''''.::: ';'',"'...T ' '''• ''''` ' ''',;',.':'.."'It.',.,n7:7,.':';?,,,''','''''''.i.f.'7,..d.';'''''' 4.4•F:',''''''..'e '4V.' ° . r. .4o . - Location Map ••••11.1. . \ • '4+ 0%, 04 • AI " 4 - RLOMA )k.,f4r S R " • , - ‘,1 SWEETWATER RD • '7' • /h.- • ''....113111i" ..00/ Sweetwater Road & Fairlomas Road (looking west) 4 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 1, 2011 AGENDA ITEM NO. 7 EM TITLE: Resolution of the City Council of the City of National City authorizing the filing of an application for Communities Putting Prevention to Work (CPPW) — Safe Routes to School Capacity Building and Planning Grant Program funds through the San Diego Association of Govemments for the National City Safe Routes to School Education and Encouragement Initiative, accepting the terms of the grant agreement, and stating the assurance of the City of National City to complete the project by February 1, 2012 PREPARED BY: Stephen Manganiello, Traffic Engineer/0p( DEPARTMENT: Dew ervices / PHONE: 619-336-4382 APPROVED B • EXPLANATION: See attached. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS No financial impact at this time; upon approval of the grant, staff will return to Council to award the contract and identify funding sources ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: xplanation ;esolution 3. Grant Agreement Template (SANDAG will submit FINAL to City for signature upon grant award) Explanation Staff is requesting authorization to file an application for Communities Putting Prevention to Work (CPPW) — Safe Routes to School Capacity Building and Planning Grant Program funds through the San Diego Association of Governments (SANDAG) for the National City Safe Routes to School "Education and Encouragement Initiative". The grant request is for $30,000 with a local match of $10,000, resulting in a total project cost of $40,000. This grant will build upon the City's prior Safe Routes to School efforts, which total over $4 million in capital improvements, to enhance safety for students in school zones and feeder neighborhoods. The purpose of the project is to educate students and parents on traffic safety, and strengthen partnerships with the school districts, individual schools and Community organizations to encourage more students to walk to school. Funding will be used to provide collaborative workshops, educational pamphlets, safety training, volunteer programs, and walk to school activities. Coordination efforts will begin this Spring with key events programmed for the Fall in order to ensure completion of the project by February 1, 2012. Council Resolution supporting the project, committing matching funds, and agreeing to the completion deadline of February 1, 2012 is required upon submittal of the grant application. RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN APPLICATION FOR COMMUNITIES PUTTING PREVENTION TO WORK (CPPW) — SAFE ROUTES TO SCHOOL CAPACITY BUILDING AND PLANNING GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE NATIONAL CITY SAFE ROUTES TO SCHOOL EDUCATION AND ENCOURAGEMENT INITIATIVE, ACCEPTING THE TERMS OF THE GRANT AGREEMENT, AND STATING THE ASSURANCE OF THE CITY OF NATIONAL CITY TO COMPLETE THE PROJECT BY FEBRUARY 1, 2012 WHEREAS, the Communities Putting Prevention to Work (CPPW) is a project of the County of San Diego Health and Human Services Agency (HHSA) funded by the federal Centers for Disease Control and Prevention through the American Recovery and Reinvestment Act (ARRA); and WHEREAS, the overarching goal of CPPW is to expand the use of evidence - based strategies and programs to address obesity rates, physical inactivity, and poor nutrition in the San Diego region; and WHEREAS, HHSA has partnered with the San Diego Association of Governments (SANDAG) to implement a number of initiatives that relate to transportation and land use planning and policy in the San Diego region; and WHEREAS, as part of the CPPW project, SANDAG will administer four pass - through grant programs to cities, the County of San Diego, Tribal Governments, school districts, and community organizations in the San Diego region to promote the integration of public health in planning, safe routes to school, and active transportation; and WHEREAS, the Safe Routes to School Capacity Building and Planning Grant Program will provide grant funds for comprehensive Safe Routes to School planning; and WHEREAS, the City of National City desires to receive $30,000 in grant funds from the Safe Routes to School Capacity Building and Planning Grant Program for the following project: National City Safe Routes to School Education and Encouragement Initiative; and WHEREAS, the City of National City understands that the CPPW Grant funding is fixed as the programmed amount, and therefore project cost increases that exceed the grant awarded will be the sole responsibility of the grantee. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City of National City is authorized to submit an application to SANDAG for Safe Routes to School Capacity Building and Planning Grant Program funding in the amount of $30,000 for the National City Safe Routes to School Education and Encouragement Initiative. BE IT FURTHER RESOLVED that, if a grant award is made by SANDAG to fund the National City Safe Routes to School Education and Encouragement Initiative, the City Council of the City of National City commits to providing $10,000 in matching funds and/or in - kind contributions, and authorizes City of National City staff to accept the grant funds, execute the attached grant agreement with SANDAG with no exceptions, and complete the National City Safe Routes to School Education and Encouragement Initiative by February 1, 2012. Resolution No. 2011 — Page 2 PASSED and ADOPTED this 1st day of February, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney COMMUNITIES PUTTING PREVENTION TO WORK GRANT AGREEMENT NUMBER NUMBER BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND GRANTEE NAME REGARDING PROJECT NAME This Grant Agreement Number Number ("Agreement") is made this day day of Month, Year, by and between the San Diego Association of Governments (hereinafter referred to as "SANDAG"), 401 B Street, Suite 800, San Diego, California, 92101, and Grantee Name, Address, City, ST, ZIP, (hereinafter referred to as "Grantee"). The following recitals are a substantive part of this Agreement: A. Communities Putting Prevention to Work (CPPW) is a program of the County of San Diego Health and Human Services Agency (HHSA) funded by the federal Centers for Disease Control and Prevention through the American Recovery and Reinvestment Act (ARRA). B. The goal of the CPPW program is to expand the use of evidence -based strategies and programs to address obesity rates, physical inactivity, and poor nutrition in the San Diego Region. C. SANDAG is partnering with HHSA to implement initiatives relating to transportation and land use planning and policy in the San Diego Region, including the Healthy Communities Campaign and Safe Routes to School implementation, which will provide the following four pass -through grant programs for local planning and implementation projects: Healthy Community Planning Grant Program, Active Community Transportation Grant Program, Safe Routes to School Capacity Building and Planning Grant Program and the Safe Routes to School Education, Encouragement and Enforcement Grant Program. D. In December 2010 SANDAG issued a call for projects for grant applicants in San Diego County wishing to apply for a portion of the CPPW funds for use on planning and implementation projects meeting certain criteria under the four pass -through grant programs. E. Grantee successfully applied for CPPW funds for the following project: Enter Project Name (hereinafter referred to as the "Project")_ F. The purpose of this Agreement is to establish the terms and conditions for SANDAG to provide Grantee with funding to implement the Project. G. Although SANDAG will be providing financial assistance to Grantee to support the Project, SANDAG will not be responsible for Project implementation or hold any substantial control of the Project. NOW, THEREFORE, it is agreed as follows: CPPW CaII for Projects 2011-2012 1 Grantee Name: Section 1. Definitions Grant No.: A. Application. The signed and dated grant application, including any amendment thereto, with all explanatory, supporting, and supplementary documents filed with SANDAG by or on behalf of the Grantee and accepted or approved by SANDAG. All of Grantee's application materials, not in conflict with this Agreement, are hereby incorporated into this Agreement as though fully set forth herein. B. Agreement. This Grant Agreement, together with all attachments hereto, which are hereby incorporated into this Agreement and contain additional terms and conditions that are binding upon the parties. C. Approval, Authorization, Concurrence, Waiver. A written statement (transmitted in written hard copy or electronically) of a SANDAG official authorized to permit the Grantee to take or omit an action required by Agreement, which action may not be taken or omitted without such permission. Except to the extent that SANDAG determines otherwise in writing, such approval, authorization, concurrence, or waiver permitting the performance or omission of a specific action does not constitute permission to perform or omit other similar actions. An oral permission or interpretation has no legal force or effect P��x �1 r�fE SUE. THANI tt (See also Notice to Proceed, below at a t in this Section 1.) D. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which the Grantee is currently eligible, the specific tasks (including specific contingencies) covered, and the estimated cost of each task that has been approved by SANDAG. The approved Project budget, scope of work, and schedule is attached hereto as Attachment A. E. CPPW Assistance. Funding for the CPPW's four pass -through grant programs. F. Grantee. The entity that is the recipient of CPPW Assistance under this Agreement. If the Grantee enters into agreements with other parties to assist with the implementation of the Project, each participant in, member of, or party to that agreement is deemed a "Sub -Grantee" and for purposes of compliance with applicable requirements of this Agreement for its Project will be treated as a Grantee. ►pl G. Maximum Percentage of SANDAG Participation. Grantee submitted an application and was evaluated based on its representation that it would provide matching funds for the Project. Grantee agrees to provide Enter Percentage percent or $Enter Dollar Amount of the approved Project budget as matching funds from resources other than the CPPW Assistance. Therefore, the maximum percentage that SANDAG will pay Grantee for amounts invoiced under this Agreement is Enter Percentage percent or $Enter Dollar Amount, whichever is the lesser of these two amounts. 2 Grantee Name: Grant No.: H. Maximum SANDAG Contribution. Grantee submitted an application and was evaluated based on its representation that it would abide by a budget for the Project, which has been finalized and is attached to this Agreement as the approved Project budget (Attachment A). Based on the approved Project budget, the maximum amount of CPPW Assistance SANDAG will pay to Grantee for amounts invoiced under this Agreement is $Enter Maximum Dollar Amount or Enter Maximum Percentage percent of the approved Project budget, whichever is the lesser of these two amounts. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing the Grantee to proceed with all or a portion of the work described in the scope of work. Grantee shall not proceed with the work and shall not be eligible to receive payment for work performed prior to SANDAG's issuance of a notice to proceed. J. Sub -Grantee. Any Grantee or consultant, at any tier, paid directly or indirectly with funds flowing from this Agreement for the Project. Section 2. Project Implementation A. General. The Grantee agrees to carry out the Project as follows: 1. Project Description. Grantee agrees to perform the work as described in the project description/scope of work attached as Attachment A. 2. Effective Date. The effective date of this Agreement or any amendment hereto is the date on which this Agreement or an amendment is fully executed. SANDAG authorizes Grantee to begin working on the Project, and Grantee agrees to undertake Project work, promptly after receiving a notice to proceed from SANDAG, notwithstanding the effective date of this Agreement. 3_ Grantee's Capacity. The Grantee agrees to maintain or acquire sufficient legal, financial, technical, and managerial capacity to: (a) plan, manage, and complete the Project and provide for the use of any Project property; (b) carry out the safety and security aspects of the Project; and (c) comply with the terms of this Agreement and all applicable laws, regulations, and policies pertaining to the Project and the Grantee.. 4. Project Schedule. The Grantee agrees to complete the Project according to the Project schedule attached hereto as Attachment A and in compliance with the Use It or Lose It policy attached hereto as Attachment B. SANDAG Board Policy No. 035 does riot apply to the CPPW Program, including this Agreement. 5. Project Implementation and Oversight. Grantee agrees to comply with the Project implementation and oversight requirements attached hereto as Attachment C. Additionally, if Grantee hires a consultant other than on -call consultants provided by SANDAG to carry out professional services funded under this Agreement, Grantee shall: prepare an independent cost estimate (ICE) prior to soliciting proposals, publicly advertise for competing proposals for the work, use cost as an evaluation factor in selecting the consultant, document a record of negotiation (RON) establishing that the 3 Grantee Name: Grant No.: amount paid by Grantee for the consultant services is fair and reasonable, and pass through the relevant obligations in this Agreement to the consultant. 6. Work with On -Call Consultants Arranged by SANDAG. Grantee has elected to work with (fill in name of consultant(s)), arranged by SANDAG on an on -call basis to assist Grantee in completing the Project. SANDAG will pay on -call consultants directly from grant funds awarded to Grantee, upon approval of consultant's invoice by the Grantee and SANDAG. 7. Changes to Project Composition. This Agreement was awarded to Grantee based on the application submitted by Grantee, which contained representations by Grantee regarding the proposed scope of work, and other criteria relevant to evaluating and ranking the Project based on SANDAG's grant evaluation criteria ("project justification"). Any substantive deviation from Grantee's representations in the project justification during project implementation may require reevaluation or result in loss of funding. If Grantee knows or should know that substantive changes in the project justification have occurred or will occur, Grantee will immediately notify SANDAG. SANDAG will then determine whether the Project is still consistent with the overall objectives of the CPPW Program and that the changes would not have negatively affected the Project ranking during the grant application process. SANDAG reserves the right to have CPPW Assistance withheld or refunded due to substantive changes to the project justification. See Section 9; paragraph F of this Agreement regarding amendments to the scope of work_ B. Significant Participation by a Sub -Grantee. Although the Grantee may delegate any or almost all Project responsibilities to one or more sub -grantees, the Grantee agrees that it, rather than any sub -grantee, is ultimately responsible for compliance with all applicable laws, regulations, and this Agreement, including the requirement that Grantee's Project must be completed by February 1, 2012. C. Grantee's Responsibility to Extend Agreement Requirements to Other Entities 1. Entities Affected. If an entity other than the Grantee is expected to fulfill any responsibilities typically performed by the Grantee, the Grantee agrees to assure that the entity carries out the Grantee's responsibilities as set forth in this Agreement, including the requirement that Grantee's Project must be completed by February 1, 2012. 2. Documents Affected. The applicability provisions of laws, regulations, and policies determine the extent to which those provisions affect an entity (such as a sub -grantee) participating in the Project through the Grantee. Thus, the Grantee agrees to use a written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. a. Required Clauses. The Grantee agrees to use a written document (such as a subagreement, lease, third -party contract, or other), including all appropriate clauses stating the entity's responsibilities under applicable laws, regulations, or policies, including, but not limited to, the pass -through provisions outlined in Attachment E to this Agreement. 4 Grantee Name: Grant No.: b. Flowdown. The Grantee agrees to include in each document (sub -agreement, lease, third -party contract, or other) any necessary provisions requiring the Project participant (third -party Grantee, sub -grantee, or other) to impose applicable laws, Agreement requirements and directives on its sub -grantees, lessees, third -party Grantees, and other Project participants at the lowest tier necessary. D. No SANDAG Obligations to Third Parties. In connection with the Project, the Grantee agrees that SANDAG shall not be subject to any obligations or liabilities to any sub -grantee, lessee, third - party Grantee, or other person or entity that is not a party to this Agreement for the Project, other than making payments(s), from the Grantee's award, to on -call consultants arranged through SANDAG, if applicable, subject to SANDAG's receipt and approval of on -call consultant invoices consistent with Section 5, below. E. Changes in Project Performance. The Grantee agrees to notify SANDAG immediately, in writing, of any change in local law, conditions (including its legal, financial, or technical capacity), or any other event that may adversely affect the Grantee's ability to perform the Project in accordance with the terms of this Agreement. The Grantee also agrees to notify SANDAG immediately, in writing, of any current or prospective major dispute, breach, default, or litigation that may adversely affect SANDAG's interests in the Project and agrees to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any reason, in any forum. At a minimum, the Grantee agrees to send each notice to SANDAG required by this subsection to SANDAG's Office of General Counsel. Grantee further agrees to comply with the Use It or Lose It policy attached hereto as Attachment B. F. Standard of Care. The Grantee expressly warrants that the work to be performed pursuant to this Agreement shall be performed in accordance with the applicable standard of care. Where approval by SANDAG, the Executive Director, or other representative of SANDAG is indicated in the scope of work, it is understood to be conceptual approval only and does not relieve the Grantee of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Grantee or its sub -grantees. Section 3. Ethics A. Grantee Code of Conduct/Standards of Conduct. The Grantee agrees to maintain a written code of conduct or standards of conduct that shall govern the actions of its officers, employees, council or board members, or agents engaged in the award or administration of subagreements, leases, or third -party contracts supported with CPPW Assistance. The Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, council or board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential sub -grantee, lessee, or third -party Grantee at any tier or agent thereof. Such a conflict would arise when an employee, officer, council or board member, or agent, including any member of his or her immediate family, partner, or organization that employs or intends to employ, any of the parties listed herein has a financial interest in the entity selected for award. The Grantee may set de minimis rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. The Grantee agrees that its 5 Grantee Name: Grant No.: code of conduct or standards of conduct also shall prohibit its officers, employees, council or board members, or agents from using their respective positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, the Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its officers, employees, council or board members, or their agents or its third -party Grantees or sub -grantees or their agents. 3. Personal Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall prohibit the Grantee's employees, officers, council or board members, or agents from participating in the selection, award, or administration of any third -party contract or subagreement supported by CPPW Assistance if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs or intends to employ, any of the parties listed herein has a financial interest in the firm selected for award. 4. Organizational Conflicts of Interest. The Grantee agrees that its code of conduct or standards of conduct shall include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third -party contract or subagreement may, without some restrictions on future activities, result in an unfair competitive advantage to the third -party Grantee or sub -grantee or impair its objectivity in performing the contract work. B. SANDAG Code of Conduct. SANDAG has established policies concerning potential conflicts of interest. These policies apply to Grantee. For all awards by SANDAG, any practices which might result in unlawful activity are prohibited, including, but not limited to, rebates, kickbacks, or other unlawful considerations. SANDAG staff are specifically prohibited from participating in the selection process when those staff have a close personal relationship, family relationship, or past (within the last twelve [12] months), present, or potential business or employment relationship with a person or business entity seeking a contract. It is unlawful for any contract to be made by SANDAG if any individual board member or staff has a prohibited financial interest in the contract. Staff also is prohibited from soliciting or accepting gratuities from any organization seeking funding from SANDAG_ SANDAG's officers, employees, agents, and council or board members shall not solicit or accept gifts, gratuities, favors, or anything of monetary value from consultants, potential consultants, or parties to subagreements. By signing this Agreement, Grantee affirms that it has no knowledge of an ethical violation by SANDAG staff or Grantee. If Grantee has any reason to believe a conflict of interest exists with regard to this Agreement or the Project, it should notify the SANDAG Office of General Counsel immediately. C. Bonus or Commission. The Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its CPPW Assistance application for the Project. D. False or Fraudulent Statements or Claims. The Grantee acknowledges and agrees that by executing this Agreement for the Project, the Grantee certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with the Project. 6 Grantee Name: Grant No.: Section 4. Approved Project Budget Except to the extent that SANDAG determines otherwise in writing, the Grantee agrees as follows: The Grantee and SANDAG have agreed to a Project budget that is designated the "approved Project budget." The Grantee will incur obligations and make disbursements of Project funds only as authorized by the approved Project budget. An amendment to the approved Project budget requires the issuance of a formal amendment to this Agreement, except that re -allocation of funds among budget items or fiscal years that does not increase the total amount of the CPPW Assistance awarded for the Project may be made consistent with applicable laws, regulations, and policies. Prior SANDAG approval is required for transfers of funds between approved Project budget categories; approval will not be unreasonably withheld. Section 5. Payments A. Funding Commitment. The Grantee agrees that SANDAG's maximum commitment for Project costs will not exceed the maximum SANDAG contribution of $Enter Maximum Amount. The responsibility of SANDAG to make payments under this Agreement is limited to the amounts listed in the approved Project budget for the Project. Within thirty (30) days of notification to the Grantee that specific amounts are owed to SANDAG, whether for excess payments of CPPW Assistance, failure to comply with the Use It or Lose It policy (Attachment B), disallowed costs, or funds recovered from third parties or elsewhere, the Grantee agrees to remit the owed amounts to SANDAG, including applicable interest, penalties, and administrative charges. B. SANDAG Payment to Grantee. If Grantee staff costs are designated in the approved Project Budget, SANDAG shall pay Grantee, following receipt and approval of an invoice accompanied by documentation of expenses, including the matching portion, if applicable, incurred on the Project. A sample invoice form is attached hereto as Attachment D. Upon receiving a request for payment and adequate supporting information, SANDAG will make payment for eligible amounts to Grantee within thirty (30) days if Grantee has complied with the requirements of this Agreement, has satisfied SANDAG that the CPPW Assistance requested is needed for Project purposes in that requisition period, and is making adequate progress toward Project completion. After the Grantee has demonstrated satisfactory compliance with the preceding requirements, SANDAG will reimburse the Grantee's apparent allowable costs incurred consistent with the approved Project budget for the Project. SANDAG shall retain ten percent (10%) from the amounts invoiced until satisfactory completion of work. SANDAG shall promptly pay retention amounts to Grantee following Grantee's satisfactory completion of work, receipt of Grantee's final invoice, and all required documentation. C. Payment by SANDAG to On -Call Consultant. If Grantee is utilizing on -call consultant assistance arranged by SANDAG, the on -call consultant will submit invoices to Grantee for approval. Grantee will then submit approved on -call consultant invoices to SANDAG for payment. SANDAG will review Grantee's approved on -call consultant invoices, and if satisfactory, SANDAG will pay on -call consultants directly consistent with the conditions outlined in Section 5. B. "Payment by SANDAG to Grantee." Grantee understands that on -call consultant invoices, if satisfactory to SANDAG, will be paid from CPPW Assistance awarded to Grantee. 7 Grantee Name: Grant No.: D. Costs Reimbursed. The Grantee agrees that Project costs eligible for CPPW Assistance must comply with all the following requirements. Except to the extent that SANDAG determines otherwise, in writing, to be eligible for reimbursement, Project costs, including matching funds, must be: 5. Consistent with the Project scope of work, the approved Project budget, and other provisions of this Agreement; 6. Necessary in order to accomplish the Project; 7. Reasonable for the goods or services purchased, as evidenced by the Grantee's independent cost estimate for the goods/services at issue, along with a record of negotiation with a vendor/supplier; 8. Actual net costs to the Grantee (i.e., the price paid minus any refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income); 9. Incurred for work performed after the effective date of this Agreement and following Grantee's receipt of a notice to proceed from SANDAG; 10. Satisfactorily documented; 11. Treated consistently in accordance with accounting principles and procedures approved by SANDAG for the Grantee (see Section 6. Accounting Records) and with accounting principles and procedures approved by the Grantee for its third -party Grantees and sub - grantees; 12. Eligible for CPPW Assistance; and 13. Expended allowable indirect costs, including overhead, only if the Grantee has an approved indirect cost allocation plan and prior written approval has been obtained from SANDAG. E. Excluded Costs. In determining the amount of CPPW Assistance SANDAG will provide for the Project, SANDAG will exclude: 14. Any Project cost incurred by the Grantee before the effective date of this Agreement or Amendment thereto or before SANDAG issues a Notice to Proceed; 15. Any cost that is not included in the latest approved Project budget; 16. Any cost for Project property or services received in connection with a subagreement, lease, third -party contract, or other arrangement that is required to be, but has not been, concurred in or approved in writing by SANDAG; and 17. Any cost ineligible for SANDAG participation as provided by applicable laws, regulations, or policies. 8 Grantee Name: Grant No.: The Grantee understands and agrees that payment to the Grantee for any Project cost does not constitute a final decision by SANDAG about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation by the Grantee of the terms of this Agreement for the Project. The Grantee acknowledges that SANDAG will not make a final determination about the aliowability and eligibility of any cost until the final payment has been made on the Project. If SANDAG determines that the Grantee is not entitled to receive any portion of the CPPW Assistance requested or paid, SANDAG will notify the Grantee in writing, stating its reasons. The Grantee agrees that Project closeout will not alter the Grantee's responsibility to return any funds due SANDAG as a result of later refunds, corrections, or other similar transactions, nor will Project closeout alter the right by SANDAG to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. [Include the following three sections only if matching funds are proposed in the application. IF matching funds are included in the approved Project budget, please be certain that the match fund payments are indicated on a proportionate basis throughout the Project schedule.] F. Duty to Obtain Matching Funds. The Grantee agrees to provide sufficient funds or approved in - kind contributions, together with the CPPW Assistance awarded, that will assure payment of the actual cost of each Project activity covered by this Agreement for the Project. The amount of matching funds and/or percentage(s) of matching funds, and/or in -kind contributions Grantee shall provide are set forth in the approved Project budget. The Grantee agrees to complete all proceedings necessary to provide its share of the Project costs at or before the time the matching funds are needed for Project costs. G. Maximum Percentage of SANDAG Participation. Upon receipt of an invoice from Grantee documenting Grantee's incurred and eligible expenses, SANDAG agrees to pay its maximum percentage/amount of SANDAG participation based on the invoiced amount. N_ Reduction of Matching Funds. The Grantee agrees that no refund or reduction of the amount of matching funds, or the value of in -kind contributions may be made unless, at the same time, a reduction of the proportional amount of the CPPW Assistance provided is made to SANDAG in order to maintain the ratio or percentage of SANDAG participation. Section 6. Accounting Records In compliance with applicable laws, regulations, and policies, the Grantee agrees as follows: A. Project Accounts. The Grantee agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. The Grantee also agrees to maintain all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related in whole or in part to the Project so that they may be clearly identified, readily accessible, and available to SANDAG upon request and, to the extent feasible, kept separate from documents not related to the Project. 9 Grantee Name: Grant No.: B. !Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees to support all costs charged to the Project, including any approved services or property contributed by the Grantee or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges, including adequate records to support the costs the Grantee has incurred underlying any payment in which SANDAG has agreed to participate. Section 7. Reporting, Record Retention, and Access A. Types of Reports. The Grantee agrees to submit to SANDAG all reports required by laws and regulations, policies, this Agreement, and any other reports SANDAG may specify. B. Report Formats. The Grantee agrees that all reports and other documents or information intended for public availability developed in the course of the Project and required to be submitted to SANDAG must be prepared and submitted in electronic and or written hard copy formats as SANDAG may specify. SANDAG reserves the right to specify that records be submitted in particular formats. C. Record Retention. During the course of the Project and for three (3) years thereafter from the date of transmission of the final expenditure report, the Grantee agrees to maintain (intact and readily accessible) all data, documents, reports, records, contracts, and supporting materials relating to the Project as SANDAG may require. D. Access to Records of Grantees and Sub -Grantees. The Grantee agrees to permit, and require its sub -grantees to permit, SANDAG or its authorized representatives, upon request, to inspect all Project work, materials, payrolls, and other data and to audit the books, records, and accounts of the Grantee and its sub -grantees pertaining to the Project. E. Project Closeout. The Grantee agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. Section 8. Project Completion, Audit, Settlement, and Closeout A. Project Completion. Grantee's Project must be completed by February 1, 2012. Within thirty (30) calendar days following Project completion or termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. B. Project Closeout. Project closeout occurs when SANDAG notifies the Grantee that SANDAG has closed the Project and either forwards the final CPPW Assistance payment or acknowledges that the Grantee has remitted the proper refund to SANDAG. The Grantee agrees that Project closeout by SANDAG does not invalidate any continuing requirements imposed by this Agreement or any unmet requirements set forth in a written notification from SANDAG. All payments made to the Grantee shall be subject to review for compliance by SANDAG with the requirements of this Agreement and may be subject to an audit upon completion of the Project. If Grantee uses CPPW Assistance for indirect costs, any final audit, if performed, will include an indirect cost audit as well. 10 Grantee Name: Grant No.; Section 9. Timely Progress and Right of SANDAG to Terminate A. Grantee shall make diligent and timely progress toward completion of the Project within the timelines set forth in the Project schedule (Attachment A). If timely progress is not achieved, SANDAG may review the status of the Project to determine if the funds should be reallocated to another eligible project, as per the Use It or Lose It policy (Attachment B). Grantee understands and agrees that any failure to make reasonable progress on the Project or violation of this Agreement that endangers substantial performance of the Project shall provide sufficient grounds for SANDAG to terminate this Agreement for the Project. B. In the event Grantee encounters difficulty in meeting the Project schedule or anticipates difficulty in complying with the Project schedule, the Grantee shall immediately notify the SANDAG project manager in writing and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which Grantee expects to complete performance or delivery. This notification shall be informational in character only, and receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date or any rights or remedies provided by this Agreement, including the Use It or Lose It policy, (Attachment B). C. Upon written notice, the Grantee agrees that SANDAG may suspend or terminate all or any part of the CPPW Assistance to be provided for the Project if the Grantee has violated the terms of this Agreement or if SANDAG determines that the purposes of the laws or policies authorizing the Project would not be adequately served by the continuation of CPPW Assistance for the Project. D. In general, termination of CPPW Assistance for the Project will not invalidate obligations properly incurred by the Grantee before the termination date to the extent those obligations cannot be canceled. If, however, SANDAG determines that the Grantee has willfully misused CPPW Assistance by failing to make adequate progress or failing to comply with the terms of this Agreement, SANDAG reserves the right to require the Grantee to refund the entire amount of CPPW Assistance provided for the Project or any lesser amount as SANDAG may determine. E. Expiration of any Project time period established in the Project schedule will not, by itself, automatically constitute an expiration or termination of this Agreement for the Project, however, Grantee must request and SANDAG must agree to amend this Agreement in writing if the Project schedule will not be met. An amendment to the Project schedule may be made at SANDAG's discretion if Grantee's request is consistent with the provisions of the Use It or Lose It policy (Attachment B). F. The grant was awarded based on the application submitted by Grantee with the intention that the awarded funds would be used to implement the Project as described in the scope of work (Attachment A). Any substantive deviation from the scope of work must be approved by SANDAG if grant funds are to be used for such changes. If Grantee believes substantive changes need to be made to the Project, Grantee will immediately notify SANDAG. SANDAG will then determine whether the Project is still consistent with the overall objectives of the CPPW Program and that the changes would not have negatively affected the Project ranking during the grant application process. SANDAG reserves the right to have CPPW Assistance withheld or refunded due to substantive Project changes. 11 Grantee Name: Grant No.: Section 10. Disputes and Venue A. Choice of Law. This Agreement shall be interpreted in accordance with the laws of the State of California. B. Dispute Resolution Process. In the event Grantee has a dispute with SANDAG during the performance of this Agreement, Grantee shall continue to perform unless SANDAG informs Grantee in writing to cease performance. The dispute resolution process for disputes arising under this Agreement shall be as follows: 18. Grantee shall submit a statement of the grounds for the dispute, including all pertinent dates, names of persons involved, and supporting documentation, to SANDAG's project manager. The project manager and other appropriate SANDAG staff will review the documentation in a timely manner and reply to Grantee within twenty (20) days. Upon receipt of an adverse decision by SANDAG, Grantee may submit a request for reconsideration to SANDAG's Executive Director. The request for reconsideration must be received within ten (10) days from the postmark date of the reply from SANDAG. The Executive Director will respond to the request for reconsideration within ten (10) working days. The decision of the Executive Director will be in writing. 19. If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee. SANDAG shall respond to a request for mediation within thirty (30) calendar days. The decision of the Regional Planning Committee shall be final. C. Venue. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shalt be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, litigation and collection expenses, witness fees, and court costs as determined by the court. Section 11. Assignment The Grantee agrees that Grantee shall not assign, sublet, or transfer (whether by assignment or novation) this Agreement or any rights under or interest in this Agreement. However, claims for money due to Grantee from SANDAG under this Agreement may be assigned to a bank, trust company or other financial institution without such approval. Notice of such assignment or transfer shall be promptly furnished to SANDAG in writing. Section 12. Project Manager The Grantee has assigned Enter Grantee Project Manager Name as the project manager for the Project. Project manager continuity and experience is deemed essential in Grantee's ability to carry out the Project in accordance with the terms of this Agreement. Grantee shall not change the project manager without notice to SANDAG. 12 Grantee Name: Grant No.: Section 13. Insurance Grantee shall procure and maintain during the period of performance of this Agreement, and for twelve (12) months following completion, policies of insurance from insurance companies authorized to do business in the State of California or the equivalent types and amounts of self-insurance, as follows: A. General Liability. Combined single limit of $1,000,000 per occurrence and $2,000,000 general aggregate for personal and bodily injury, including death, and broad form property damage. The policy must include an acceptable "Waiver of Transfer Rights of Recovery Against Others Endorsement," naming SANDAG as an additional insured. A deductible or retention may be utilized, subject to approval by SANDAG. B. Automobile Liability. For personal and bodily injury, including death, and property damage in an amount not Tess than $1,000,000. The policy must include an acceptable "Waiver of Right to Recover From Others Endorsement," naming SANDAG as an additional insured. C. Workers' Compensation and Employer's Liability. Policy must comply with the laws of the State of California. The policy must include an acceptable "Waiver of Right to Recover From Others Endorsement," naming SANDAG as an additional insured. D. Other Requirements. Grantee shall furnish satisfactory proof by one or more certificates (original copies) that it has the foregoing insurance. The insurance shall be provided by an acceptable insurance provider, as determined by SANDAG, which satisfies the following minimum requirements: 20. An insurance carrier qualified to do business in California and maintaining an agent for service of process within the state_ Such insurance carrier shall maintain a current A.M. Best rating classification of "A-" or better and a financial size of "$10 million to $24 million (Class V) or better," or 21. A Lloyds of London program provided by syndicates of Lloyds of London and other London insurance carriers, providing all participants are qualified to do business in California and the policy provides for an agent for service of process in California. E. Certificates of insurance shall be filed with SANDAG. These policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute to any loss under Grantee's insurance. Each insurance policy shall contain a clause which provides that the policy may not be canceled without first giving thirty (30) days' advance written notice to SANDAG. For purposes of this notice requirement, any material change in the policy prior to its expiration shall be considered a cancellation. 13 Grantee Name: Grant No.: Section 14. Indemnification and Duty to Defend With regard to any claim, protest, or litigation arising from or related to the Grantee's performance in connection with or incidental to the Project or this Agreement, Grantee agrees to defend, indemnify, protect, and hold SANDAG and its agents, officers, council or board members, and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Grantee's or its sub -grantees' employees, agents, or officers which arise from or are connected with or are caused or claimed to be caused by the negligent, reckless, or willful acts or omissions of the Grantee and its sub -grantees and their agents, officers, or employees, in performing the work or services herein, and all expenses of investigating and defending against same, including attorney fees and costs, provided, however, that the Grantee's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of SANDAG, its agents, officers, or employees. Section 15. Relationship of Parties For purposes of this Agreement, the relationship of the parties is that of independent entities and not as agents of each other or as joint venturers or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. Section 16. CPPW Program Pass -Through Contract Provisions The American Recovery & Reinvestment Act of 2009 (ARRA) project titled Communities Putting Prevention to Work No. 1U58DP002496-01 (the "Grant") was initially awarded to the County of San Diego ("County'). The County awarded a portion of the Grant funds to SANDAG. The County and SANDAG entered into an agreement outlining the terms and conditions under which SANDAG may spend its portion of (he Grant funds (County-SANDAG Agreement) (County's Reference No. 532637 and SANDAG's Reference No. 5001467). SANDAG and the Grantees awarded CPPW Assistance are subject to certain pass -through contract provisions in the County-SANDAG Agreement, described in Attachment E, attached hereto and incorporated herein by this reference. By signing this Agreement, Grantee agrees to comply with the pass -through contract provisions set out in Attachment E. If the terms of this Agreement conflict with a term of the County-SANDAG Agreement, the County-SANDAG Agreement term shall take precedence over this Agreement's terms. Section 17. Severability and Integration If any provision of this Agreement is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable laws or regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee. 14 Grantee Name: Grant No.: Section 18. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to: San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 Attn: CPPW Program Manager Grantee: GRANTEE NAME GRANTEE STREET ADDRESS GRANTEE CITY, STATE, ZIP Attn: GRANTEE PROJECT MANAGER NAME and shall be effective upon receipt thereof_ Section 19. Signatures The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. SAN DIEGO ASSOCIATION GRANTEE NAME OF GOVERNMENTS TAX ID: GRANTEE TAX ID GARY L. GALLEGOS GRANTEE SIGNATORY NAME Executive Director SIGNATORY TITLE APPROVED AS TO FORM: JULIA COLEMAN GRANTEE LEGAL COUNSEL Associate Legal Counsel LEGAL COUNSEL TITLE 15 Grantee Name: Grant No.: ATTACHMENT A APPROVED PROJECT BUDGET, SCOPE OF WORK, AND PROJECT SCHEDULE INSERT SCOPE OF WORK, PROJECT SCHEDULE, PROJECT BUDGET Task Deliverable Start Date End Date Budget Amount for Grantee (staff and direct costs combined) Budget Amount for Consultant Services (staff and direct costs combined) Matching Funds / In Kind Amount Total Budget Amount by Task 1. $ $ $ $ 2. $ $ $ $ 3. $ $ $ $ 4. $ $ $ $ TOTAL $ $ $ $ Please note all projects must be completed by February 1, 2012. Grantees are responsible for their timely compliance with all reporting requirements outlined in this Agreement. 16 Grantee Name: Grant No.: ATTACHMENT B USE IT OR LOSE IT POLICY Project Milestone and Completion Deadlines 1.1. This policy applies to all Communities Putting Prevention to Work (CPPW) grant funds. By signing a grant agreement under the CPPW Program, grant recipients agree to the following project delivery objectives. The Project must be completed according to the schedule provided in the grant agreement, but at the latest, the Project must be complete within ten months following grant agreement signature or February 1, 2012, whichever comes first. Failure to meet this deadline may result in revocation of all grant funds not already expended. 1.2. Grant funds made available as a result of this process may be awarded to the next project on the recommended project priority list from the most recent project selection process, at SANDAG's discretion. 17 Grantee Name: Grant No.: ATTACHMENT C PROJECT IMPLEMENTATION AND OVERSIGHT REQUIREMENTS 1. Contact Information: Grantee must provide SANDAG with contact information for the Grantee's project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Stakeholder and Community Meetings: Grantee must provide SANDAG with advance notice (preferably within two [2] weeks) and agendas of all stakeholder and community meetings, and a meeting summary following each meeting. SANDAG staff may attend any meetings as appropriate. 3. Performance Monitoring: SANDAG staff may measure the Grantee's Project performance against stated project objectives, and evaluate the overall CPPW Program. Grantee is expected to meet with SANDAG staff to identify relevant performance measures and data sources and provide available data and feedback regarding the Project as appropriate. 18 Grantee Name: Grant No.: ATTACHMENT D SAMPLE INVOICE To: VIKRANT S000 SANDAG 401 B Street, Suite 800 San Diego, CA 92101-4231 FM: Grantee's Name Address COMMUNITIES PUTTING PREVENTION TO WORK GRANTEE INVOICE SANOAG - CoVnty or San Olego Grant #531837 Project Name: SANDAG Contract Number: Grant Invoice Number: k Billing Period: FROM Invoice Date: DATE Grant Award: Balance Remaining $0.00 $0.00 TO TASK Previous Balance Current MM1DDfYVYY to MM D0IYYYY Total Expenses CPPW Funds Total Match:,nt Balance RekMarsgd Match,:, aw lotada� Staff Coat, Con ..dhint ContractorOther Costa 'Brie ittvoice This Irtvoleti a Fltirndn.n g 1 Insert tasi. description S0.00 $0. 00 $0.00 $0.00 $0.00 $0. 00 $0.00 - $0. 00 2 SD00$0.00 $0.00 $0.00 S0.00 $0. 00 3 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4 S0.00 SO 00 $0.00 $0.00 $0.00 $0.00 5 $0.00 $0.00 $0.00 6 50.00 $0.00 $0.60 7 $0.00 $0.00 $0.00 8 $0.00 50.00 SO00 9 50.00 $0.00 $0.00 10 $0.00 S0.00 50.00 11 $0.00 $0.00 $0.00 12 $0.00 $0.00 S0.00 13 $0.00 $0.00 $0.00 14 50.00 $0.00 $0.00 15 $0.00 $0.00 50.00 Total SO00S0.00 $0.00 _ $0.00 $0.00J $0.00 $0.00 $0.00 $0.00 50.00 19 Grantee Name: Grant No.: Total Current Expenditures: 50.00 Total Amount Due this Invoice: 30.00 Less t0% Retention: 50.00 Match % Met to Date: #OIV/01 Other Costs (Column 0) Describe Expenses: Project Budget . CPPWg ., a:rpnc', .. Match , Total Task 1 Task 2 Task 1 $0 00 $0.00 $0.00 Task 3 Task 2 $0.00 $0.00 $0.00 Task 4 Task 3 $0.00 $0.00 $0.00 Task 4 $0.00 $0.00 $0.00 Task 5 $0.00 Task 6 $0.00 Task 7 $0.00 Task 8 $0.00 Task 9 $0.00 Task 10 $0.00 Task 11 $0.00 Task 12 $0.00 Task 13 $0.00 Task 14 $0.00 Task 15 _ $0.00 CERTIFICATION OF GRANTEE I hereby certify that the above costs were incurred in performance of the work required under the grant and are consistent with the amounts evidenced by attached supporting docurnents and expenditures. Signature Printed Name and Title Date 20 Grantee Name: Grant No.: ATTACHMENT E CPPW PROGRAM PASS -THROUGH CONTRACT PROVISIONS Consistent with Section 3, Special Terms and Conditions, of the SANDAG-County Agreement, (5001467) Grantee agrees to comply with the following provisions: 3.1 AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) OF 2009: Funding for the SANDAG-County Agreement has been provided through the American Recovery and Reinvestment Act (ARRA) of 2009, Pub. L. 111-5. All Grantees, including both prime and sub - grantees, are subject to audit by appropriate federal entities. SANDAG has the right to cancel, terminate, or suspend the Agreement if any sub -grantee, Grantee or sub -grantee fails to comply with the reporting and operational requirements contained herein. Grantee shall comply with all provisions and requirements applicable to contracts funded in whole or in part by ARRA as currently exist as of the effective date of this Agreement and as may be amended in the future, including, without limitation, Pub. L. 111-5, Div. A, Title XVI, § 1605 ("Buy American"), Pub. L. 111-5, Div. A, Title XV, § 1515 ("Access of Offices of Inspector General"), Pub. L. 111-5, Div. A, Title IX, § 902 ("Access of Government Accountability Office"), and Pub. L. 111-5, Div. A, Title XV, § 1553 ("Whistleblower Protections"), and any related regulations or guidance, as applicable. 3.2 ENFORCEABILITY: Grantee agrees that if Grantee or one of its sub -grantees fails to comply with all applicable federal requirements governing the use of ARRA funds, may withhold or suspend, in whole or in part, funds awarded under the program, or recover misspent funds following an audit. This provision is in addition to all other remedies available to SANDAG under all applicable state and federal laws. 3.3 PROHIBITION ON USE OF ARRA FUNDS: Grantee agrees, in accordance with ARRA, Section 1604, that none of the funds made available under this Agreement may be used for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. 3.4 REQUIRED USE OF AMERICAN IRON, STEEL AND OTHER MANUFACTURED GOODS: Grantee agrees that in accordance with ARRA, Section 1605, neither Grantee nor its sub - grantees will use ARRA funds for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel and manufactured goods used in the project are produced in the United States in a manner consistent with United States obligations under international agreements. The Grantee understands that this requirement may 21 Grantee Name: Grant No.: only be waived by the applicable federal agency in limited situations as set out in ARRA, Section 1605. 3.5 WAGE RATE REQUIREMENTS: In accordance with ARRA, Section 1606, the Grantee assures that it and its sub -grantees shall fully comply with said Section and notwithstanding any other provision of law and in a manner consistent with other provisions of ARRA, all laborers and mechanics employed by Grantee or its sub -grantees on projects funded directly by or assisted in whole or in part by and through the federal government pursuant to ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the United States Secretary of Labor in accordance with Subchapter IV of Chapter 31 of Title 40, United States Code (Davis -Bacon Act)_ It is understood that the Secretary of Labor has the authority and functions set forth in Reorganization Plan Numbered 14 or 1950 (64 Stat. 1267; 5 U.S.C. App.) and Section 3145 of Title 40, United States Code. 3.6 INSPECTION OF RECORDS: In accordance with ARRA Sections 902, 1514 and 1515, Grantee agrees that it shall permit the State of California, the United States Comptroller General or his/her representative or the appropriate Inspector General appointed under Section 3 or 8G of the United States Inspector General Act of 1978 or his/her representative to: (1) examine any records that directly pertain to, and involve transactions relating to, this Agreement; and (2) interview any officer or employee of Grantee or any of its sub -grantees regarding the activities funded with funds appropriated or otherwise made available by the ARRA. Grantee shall include this provision in all of its agreements with its sub -grantees from whom the Grantee acquires goods or services in its execution of the ARRA funded work. 3.7 WHISTLEBLOWER PROTECTION: Grantee agrees that both it and its sub -grantees shall comply with Section 1553 of the ARRA, which prohibits all non-federal Grantees, including SANDAG, and all Grantees of SANDAG, from discharging, demoting or otherwise discriminating against an employee for disclosures by the employee that the employee reasonably believes are evidence of: (1) gross mismanagement of an agreement relating to ARRA funds; (2) a gross waste of ARRA funds; (3) a substantial and specific danger to public health or safety related to the implementation or use of ARRA funds; (4) an abuse of authority related to implementation or use of ARRA funds; or (5) a violation of law, rule, or regulation related to an agency agreement (including the competition for or negotiation of an agreement) awarded or issued relating to ARRA funds. Grantee agrees that it and its sub - grantees shall post notice of the rights and remedies available to employees under Section 1553 of Title XV of Division A of the ARRA. 3.8 FALSE CLAIMS ACT: Grantee agrees that it shall promptly notify SANDAG, and shall refer to an appropriate federal inspector general, any credible evidence that a principal, employee, agent, sub -grantee or other 22 Grantee Name: Grant No.: person has committed a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving ARRA funds. 3.9 REPORTING REQUIREMENTS: Pursuant to Section 1512 of the ARRA, in order for Counties receiving ARRA funds to prepare the required reports, Grantee agrees to provide SANDAG, and SANDAG will then provide the County, with the following information on a monthly basis as requested: 3.9.1 The total amount of ARRA funds received by Grantee during the Reporting Period; 3.9.2 The amount of ARRA funds that were expended or obligated during the Reporting Period; 3.9.3 A detailed list of all projects or activities for which ARRA funds were expended or obligated, including: 3.9.3.1 The name of the project or activity; 3.9.3.2 A description of the project or activity; 3.9.3.3 An evaluation of the completion status of the project or activity; and 3.9.3.4 An estimate of the number of jobs created and/or retained by the project or activity. 3.9.4 For any sub -awards equal to or greater than $25,000: 3.9.4.1 The name of the entity receiving the sub -award; 3.9.4.2 The amount of the sub -award; 3.9.4.3 The transaction type; 3.9.4.4 The North American Industry Classification System (NAICS) code or Catalog of Federal Domestic Assistance (CFDA) number; 3.9.4.5 The Program source; 3.9.4.6 An award title descriptive of the purpose of each funding action; 3.9.4.7 The location of the entity receiving the sub -award; 3.9.4.8 The primary location of performance under the sub -award, including the city, state, congressional district and country; 3.9.4.9 The DUNS number, or name and zip code for the entity headquarters; 3.9.4.10 A unique identifier of the entity receiving the sub -award and the parent entity of recipient, should the entity be owned by another; 3.9.4.11 The names and total compensation of the five most highly compensated officers of the company if it received: 1) 80 percent or more of its annual gross revenues in Federal awards; 2) $25M or more in annual gross revenue from Federal awards and; 3) if the public does not have access to information about the compensation of senior executives through periodic reports filed under 23 Grantee Name: Grant No.: section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of Internal Revenue Code of 1986. 3.9.5 For any contracts of less than $25,000 or to individuals, the information required above may be reported in the aggregate and requires the certification of an authorized officer of the Grantee that the information contained in the report is accurate. 3.10 INVENTIONS. Grantee shall comply with the standard patent rights clause in 37 CFR 401.14. 3.11 PUBLICATIONS. Publications, journal articles, etc. produced under this Agreement must bear an acknowledgment and disclaimer, as appropriate, such as, This publication (journal article, etc.) was supported by the Cooperative Agreement Number 1 U58DP002496-01 from The Centers for Disease Control and Prevention through the County of San Diego, Health and Human Services Agency. Its contents are solely the responsibility of the authors and do not necessarily represent the official views of the Centers for Disease Control and Prevention. 3.12 CONFERENCE DISCLAIMER AND USE OF LOGOS. 3.12.1 Disclaimer. Where a conference is funded by a grant or cooperative agreement, a subgrant or a contract, the Grantee must include the following statement on conference materials, including promotional materials, agenda, and Internet sites: Funding for this conference was made possible (in part) by the cooperative agreement award number 1U58DP002496-01 from The Centers for Disease Control and Prevention. The views expressed in written conference materials or publications and by speakers and moderators do not necessarily reflect the official policies of the Department of Health and Human Services, nor does mention of trade names, commercial practices, or organizations imply endorsement by the U.S. Government. 3.12.2 Logos. Neither the HHSA nor the CDC logo may be displayed if such display would cause confusion as to the source of the conference or give the false appearance of government endorsement. A non-federal entity unauthorized use of the HHSA name or logo is governed by U.S.C. 1320b-10, which prohibits the misuse of the HHSA name and emblem in written communication. The appropriate use of the HHSA logo is subject to the review and approval of the Office of the Assistant Secretary for Public Affairs (OASPA). Moreover, the Office of the Inspector General has authority to impose civil monetary penalties for violations (42 C.F.R. Part 1003). Neither the HHSA nor the CDC logo can be used on conference materials, under a grant, cooperative agreement, contract or co- sponsorship agreement without the expressed, written consent of either the Project 24 Grantee Name: Grant No.: Officer or Grants Management Officer. It is the responsibility of the Grantee (or recipient of funds under a cooperative agreement) to request consent for the use of the logo in sufficient detail to assure a complete depiction and disclosure of all uses of the government logos, and to assure that in all cases of the use of govemment logos, the written consent of either the Project Officer or the Grants Management Officer has been received. 3.13 EQUIPMENT AND PRODUCTS. To the greatest extent practicable, all equipment and products purchased with CDC funds should be American -made. CDC defines equipment as tangible non -expendable personal property (including exempt property) charged directly to an award having a useful life of more than one year AND an acquisition cost of $5,000 or more per unit. 3.14 TRAFFICKING IN PERSONS. This Agreement is subject to the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104). For the full text of the award term and condition, go to http://www.cdc.gov/od/pgo/funding/grants/Award Term_and_Condition_for Trafficking_in_Pers ons.shtm 3.15 LOBBYING STATEMENT. Federal law prohibits award recipients and their subrecipients from using Federal funds for lobbying Congress or a Federal agency, or to influence legislation or appropriations pending before the Congress or any State or local legislature. This prohibition includes grants/cooperative agreements that, in whole or in part, involve conferences for which Federal funds cannot be used directly or indirectly to encourage participants to lobby or to instruct participants on how to lobby. Any activity designed to influence action in regard to a particular piece of pending legislation would be considered lobbying. That is, lobbying for or against pending legislation, as well as indirect or grass roots lobbying efforts by award recipients that are directed at inducing members of the public to contact their elected representatives at the federal, State, or local levels to urge support of, or opposition to, pending legislative proposals is prohibited. Recipients and subrecipients of CDC grants and cooperative agreements need to be careful to prevent CDC funds from being used to influence or promote pending legislation. With respect to conferences, public events, publications, and grassroots activities that relate to specific legislation, recipients and sub -grantees of CDC funds should give close attention to isolating and separating the appropriate use of CDC funds from non -CDC funds. CDC also cautions recipients and subrecipients of CDC funds to be careful not to give the appearance that CDC funds are being used to carry out activities in a manner that is prohibited under Federal law. All reported activity under the Project, including Recovery Act reporting, must be activity that is consistent with federal law. 25 Grantee Name: Grant No:: 3.16 DEPARTMENT OF HEALTH AND HUMAN SERVICES REGULATIONS. Grantee shall comply with the following, which are incorporated into this Agreement by reference: 3.16.1 Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor Regulations (41 CFR chapter 60). 3.16.2 Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). (Applicable to all contracts and subgrants for construction or repair). 3.16.3 Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5). (Applicable to construction contracts in excess of $2000 awarded by Grantees and sub -grantees when required by Federal grant program legislation). 3.16.4 Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Applicable to construction contracts awarded by Grantees and sub -grantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers). 3.16.5 All applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). (Applicable to contracts, subcontracts, and subgrants of amounts in excess of $100,000). 3.16.6 Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 3.16.7 Pursuant to the Department of Health and Human Services (HHSA) notice requirements at 45 CFR 92.36(i)(8)-(9), SANDAG hereby notifies the Grantee that HHSA has implemented the following regulations pertaining to patents, copyrights, and rights in data: 37 CFR 401 and 45 CFR 92.34_ Under the Communities Putting Prevention to Work Cooperative Agreement, HHSA requires the County and SANDAG to submit reports pursuant to Section 1512 of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, as well as final performance and financial status reports. 3.16.8 Grantee shall provide access to the County, SANDAG, HHSA, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the Grantee which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 3.16.9 Grantee shall retain all required records for three years after SANDAG makes final payments and all other pending matters are closed. 3.16.10 Grantee shall comply with all applicable provisions of 45 CFR Part 92 and with all clauses required by Federal statute and executive orders and their implementing regulations, as applicable. 26 Grantee Name: Grant No.: 3.16.11 Grantee shall comply with Executive Order 13513. Grantee and its sub -grantees are prohibited both from texting while driving a Government owned vehicle and/or using Government furnished electronic equipment while driving any vehicle. Texting means reading from or entering data into any handheld or other electronic device, including SMS texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. Driving means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary due to traffic, a traffic light, stop sign or otherwise. Driving does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. Grantee is responsible for ensuring that its sub - grantees are aware of this prohibition and adhere to this prohibition. The requirement may be accessed at: http://www.cdc.gov/od/pgo/funding/grants/additional_req.shtm. 3.17 Grantee shall include the provisions of this Section 3 in all agreements with sub -grantees END OF ARRA PASS -THROUGH PROVISIONS BEGIN PASS -THROUGH PROVISIONS FROM SANDAG-COUNTY GRANT AGREEMENT 5001467 27 Grantee Name: Grant No_: 4.2.1 Invoices for Reimbursement. Grantee shall submit properly executed monthly invoices to SANDAG for reimbursement of allowable costs associated with the work performed in the prior month. Grantee's monthly invoices shall be completed and submitted in accordance with this Agreement and shall include a statement certifying whether it is in compliance with the Debarment and Suspension section of this Agreement. DEBARMENT AND SUSPENSION (Section 8.12) As a sub -grantee of federal funds under this Agreement, Grantee certifies that it, its principals, its employees and its sub -grantees: 8.12.1 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal Department or agency. 8.12.2 Have not within a 3-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 8.12.3 Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in the paragraph above; and 8.12.4 Have not within a 3-year period preceding this Agreement had one or more public transactions (Federal, State, or local) terminated for cause or default. Consistent with Section 4.2.2, and Section 11, Audit and Inspection of Records, of the SANDAG-County Agreement, Grantee/Consultant/Grantee shall maintain supporting documentation of expenses incurred as follows: SANDAG shall have the audit and inspection rights described in this section. 11.1 AUDIT AND INSPECTION Grantee/Consultant/Grantee agrees to maintain and/or make available within San Diego County . accurate books and accounting records relative to all its activities under this Agreement. Authorized Federal, State or SANDAG representatives shall have the right to monitor, assess, or evaluate Grantee's performance pursuant to this Agreement, said monitoring, assessments, or evaluations to include but not limited to audits, inspection of premises, reports, and interviews of project staff and participants. At any time during normal business hours and as often as SANDAG may deem necessary, Grantee shall make available to SANDAG, State or Federal officials for examination all of its records with respect to all matters covered by this Agreement and will permit SANDAG, State or Federal officials to audit, examine and make excerpts or transcripts from such records, and to make audits of all invoices, materials, payrolls, records of personnel, information regarding clients receiving services, and other data relating to all matters covered by this Agreement. 28 Grantee Name: Grant No.: If any services performed hereunder are not in conformity with the specifications and requirements of this Agreement, SANDAG shall have the right to require the Grantee to perform the services in conformity with said specifications and requirements at no additional increase in total Agreement amount. When the services to be performed are of such nature that the difference cannot be corrected, SANDAG shall have the right to (1) require Grantee immediately to take all necessary steps to ensure future performance of the services in conformity with requirements of the Agreement, and (2) reduce the Agreement price to reflect the reduced value of the services performed. In the event Grantee fails to perform the services promptly or to take necessary steps to ensure future performance of the service in conformity with the specifications and requirements of the Agreement, SANDAG shall have the right to either (1) by Agreement or to otherwise have the services performed in conformity with the Agreement specifications and charge to Grantee any cost occasioned to SANDAG that is directly related to the performance of such services, or (2) terminate this Agreement for default as provided in the Termination clause. 11.2 Cost or Pricing Data. If the Grantee submitted cost or pricing data in connection with the pricing of this Agreement or any change or modification thereto, unless such pricing was based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities of the general public, or prices set by law or regulation, SANDAG shall have the right to examine all books, records, documents and other data of the Grantee related to the negotiation pricing or performance of such Agreement, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing data submitted. 11.3 Availability. The materials described above shall be made available at the office of the Grantee, at all reasonable times, for inspection, audit or reproduction, until the expiration of three (3) years from the date of final payment under this Agreement, or by section 11.3.1 and 11.3.2, below: 11.3.1 If this Agreement is completely or partially terminated, the records relating to the work terminated shall be made available for a period of three (3) years from the date of any resulting final settlement. 11.3.2 Records which relate to appeals under the "Disputes" clause of this Agreement, or litigation or the settlement of claims arising out of the performance of this Agreement, shall be made available until such appeals, litigation, or claims have been disposed of, or three years after Agreement completion, whichever is longer. SANDAG shall keep the materials described above confidential unless otherwise required by law. REGARDING PAYMENT Consistent with Section 4.2.4 of the SANDAG-County Agreement Grantee shall submit its June 2011 invoices no later than June 30, 2011. Consistent with Section 4.2.6.1.1 of the SANDAG-County Agreement, unless otherwise set forth in this paragraph, Grantee shall promptly pay its vendors and sub-grantee(s) for satisfactory performance under its subcontract(s) to this Agreement. Such prompt payment shall be no later than thirty (30) days after Grantee receives payment for such services from SANDAG and shall be paid out of such amounts as are paid to Grantee under this Agreement. 29 Grantee Name: Grant No.: Grantee shall include a payment clause conforming to the standards set forth in the preceding paragraph in each of its subcontracts, and shall require each of its sub -grantees to include such a clause in their subcontracts with each lower -tier sub -grantee or supplier. Availability of Funding. SANDAG's obligation for payment of any Agreement beyond the current fiscal year is contingent upon the availability of funding from which payment can be made. No legal liability on the part of SANDAG shall arise for payment beyond June 30 of the calendar year unless funds are designated by SANDAG and are made available for such performance. SANDAG shall, in its sole discretion, have the right to terminate or suspend this Agreement or reduce compensation and service levels proportionately upon thirty (30) days' written notice to Grantee in the event that Federal, State or County funding for this Agreement ceases or is reduced prior to the ordinary expiration of the term of this Agreement. In the event of reduction of funding for the Agreement, SANDAG and Grantee shall meet within ten (10) days of written notice to renegotiate this Agreement based upon the modified level of funding. In this case if no Agreement is reached between SANDAG and Grantee within 10 days of the first meeting, either party shall have the right to terminate this Agreement within ten (10) days written notice of termination. In the event of termination of this Agreement in accordance with the terms of this Section, Grantee shall be entitled to retain all sums paid as of the effective date of such termination, subject to any payment offset to which SANDAG may be entitled, for damages or otherwise, under the terms of this Agreement. In the event of termination of this Agreement pursuant to this Section, in no event shall Grantee be entitled to any Toss of profits on the portion of this Agreement so terminated, or to other compensation, benefits, reimbursements or ancillary services other than as herein expressly provided. REGARDING OWNERSHIP, RECORDS AND REPORTS Consistent with Article 13 of the SANDAG-County Agreement, Grantee shall comply with the following terms and conditions related to the use of documents and submission of reports. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other material or properties produced under this Agreement shall be the sole and exclusive property of SANDAG, but may be used by the Grantee, its consultants and sub - grantees for purposes that are consistent with the SANDAG-County Agreement and this Agreement. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyright or patent right by Grantee in the United States or in any other country without the express written consent of SANDAG. SANDAG shall have unrestricted authority to publish, disclose, distribute and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or pro- perties produced under this Agreement. 30 Grantee Name: Grant No.: Maintenance of Records Grantee shall retain all required records for three years after SANDAG makes final payments and all other pending matters are closed. Reports Grantee shall submit reports required in Exhibit A, Article 3, by this Agreement, and additional reports as may be requested by SANDAG and agreed to by the Grantee. The timely submission of these reports is a necessary and material term and condition of this Agreement and Grantee agrees that failure to meet specified deadlines will be sufficient cause to withhold payment. Grantee shall submit to SANDAG within fourteen (14) calendar days of the termination of this Agreement a report detailing all work done pursuant to this Agreement by Grantee. REGARDING INSURANCE Commercial General Liability All Commercial General Liability policies shall name the County of San Diego, the members of the Board of Supervisors of the County and the officers, agents, employees and volunteers of the County, individually and collectively. [See County-SANDAG Agreement 5001467, Exhibit B, Section 41, and SANDAG, its directors, officers, agents, and employees as additional insureds as their interests may appear. Consultant waives any rights of subrogation against SANDAG, and the policy form must permit and accept such waiver. Deductibles 1 Self -Insured Retentions Any deductibles or self -insured retentions must be declared to and approved by SANDAG and the County of San Diego's Risk Manager [See County-SANDAG Agreement 5001467 Exhibit B, Section 3]. If a self -insured retention is used, the policy must be endorsed to allow any insured entity to satisfy the retention for the purposes of triggering coverage_ Consultant shall cause the insurer to reduce or eliminate such deductibles or self -insured retentions as respects SANDAG, its officers, officials, employees and volunteers. If Consultant is unable to reduce or eliminate such deductibles or retentions, Consultant shall provide a financial guarantee satisfactory to SANDAG guaranteeing payment of losses and related investigations, claim administration and defense expenses. In accordance with 45 CFR 92.36(e) Grantee shall take the affirmative steps listed therein to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible. REGARDING EVALUATION Consistent with Section 7.4 of the County-SANDAG Agreement, Grantee shall work with the County of San Diego's Evaluation Grantee and the County to conduct evaluation activities related to their respective projects as required by the CDC and the County. 31 Grantee Name: Grant No.: REGARDING MEDIA/MATERIALS/PUBLICATIONS Consistent with Section 7.2 of the County-SANDAG Agreement, any media/materials/publications developed by the Grantee with ARRA funds shall be reviewed and approved by the County. Materials developed (creative source files in electronic or other media) with ARRA funds are property of the County. All items developed shall include language detailed in Section 3.11 or 3.12 of these CPPW Grant Requirements, above, as applicable. 7.2.2 Media Communications 7.2.2.2 Grantee shall send all press releases and media events regarding contracted services to the County for review and approval at least 72 hours in advance. Notification shall be through both email and telephone call to the County's Contracting Officer's Technical Representative ("COTR ): Ms. Adrienne Yancey, MPH, Assistant Deputy Director, Public Health Services 3851 Rosecrans Street, Suite 522 San Diego, CA 92110-3134 Telephone: 619.692-8808; e-mail: Adrienne.Yancey@sdcounty.ca.gov 7.2.2.3 Grantee shall include the County HHSA logo on all media communications, as determined by the County. 7.2.2.4 Acknowledgement of Federal Support When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or part with Federal money, all awardees receiving Federal funds, including and not limited to State and local governments and recipients of Federal research grants, shall clearly state: 7.2.2.4.1. The percentage of the total costs of the program or project which will be financed with Federal money, 7.2.2.4.2. The dollar amount of Federal funds for the project or program, and 7.2.2.4.3. Percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. 7.2.3 Grantee shall ensure that all resources, printed materials, media, messages, websites and advertisements are culturally competent and age appropriate to the target population that will be reached. CPPW Call for Projects 2011-2012 32 RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING MODIFICATION OF A PREVIOUSLY APPROVED TENTATIVE SUBDIVISION MAP TO DELETE A CONDITION OF APPROVAL REQUIRING UTILITIES TO BE PLACED UNDERGROUND AT 1205-1343 FIG COURT. APPLICANT: ROBERT GULOTTA CASE FILE NO. 2010-36 M (S-2006-12) WHEREAS, an application was submitted for approval of a modification of a previously approved Tentative Subdivision Map to delete a Condition of Approval requiring utilities to be placed underground at 1205-1343 Fig Court on property generally described as: Lot 34 of Scott Terrace, in the City of National City, County of San Diego, State of California, according to Map thereof No. 3153, filed in the Office of the County Recorder of San Diego County, November 4, 1954. WHEREAS, the Planning Commission of the City of National City considered said application at a hearing held on January 10, 2011, and by Resolution recommended approval of the application; and WHEREAS; the City Council considered said application at a public hearing held on January 25, 2011, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. 2010-36 M (S-2006-12), which is maintained by the City, and incorporated herein by reference, along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the modification of a previously approved Tentative Subdivision Map to delete a Condition of Approval requiring utilities to be placed underground at 1205-1343 Fig Court, based on the following findings: 1. That granting a waiver of the underground utility requirement will allow for the properties to be offered at an affordable price, consistent with the City's affordable housing policies. 2. That the resultant affordability of the homes due to granting of the waiver will provide additional home -ownership opportunities for National City residents, consistent with City policy. 3. That whatever aesthetic value that may be achieved by partial utility undergrounding would be compromised by utility poles which are to remain, thus creating a fragmented appearance of the areas infrastructure. Resolution No. 2011 — Page 2 4. That granting of the waiver will allow for additional upgrades to the properties that would not be made with the added expense of undergrounding utilities, thus improving the quality of housing stock in the area consistent with City policy. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said modification of a previously approved Tentative Subdivision Map to delete a Condition of Approval requiring utilities to be placed underground at 1205-1343 Fig Court, is hereby approved subject to the following conditions: 1. This Tentative Subdivision Map modification authorizes the deletion of Condition Number 21, contained in City Council Resolution 2007-98. Unless specifically modified by this resolution, all previous Conditions of Approval as stated in City Council Resolution 2007-98 are still in effect. Except as required by Conditions of Approval, all plans submitted for permits associated with this project shall conform with Exhibits A, 2nd Revision, Case File No. S-2006-12, dated December 6, 2006. 2. Before this Tentative Subdivision Map modification shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this pemiit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map modification. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County of San Diego. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map modification are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney, and signed by the Development Services Director prior to recordation. 3. Approval of the Tentative Subdivision Map approved for this property expires on April 16, 2012, at 5:00 p.m., unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code Section 17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. --- Signature Page to Follow --- Resolution No. 2011 — Page 3 PASSED and ADOPTED this 1st day of February, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 1, 2011. AGENDA ITEM NO. i9 EM TITLE: Resolution of the City Council of the City of National City authorizing the acceptance of the Stone Garden grant in the amount of $657,030.00 and authorizing the expenditure of grant funds for programmatic operations and equipment purchases including police vehicles, remote camera system, communications equipment and upgrades and tactical equipment and authorizing the Chief of Police to sign the memorandum of agreement between the City of National City Police Department and the Count, of San Diego Sheriff's Department. . PREPARED BY: 'Lieutenant Lanny Roark PHONE: 336-4524 EXPLANATION: DEPARTMENT: Police !APPROVED BY: The County of San Diego, through the San Diego Sheriff's Department has received $8,844,033.00 in federal government grant funds from the U.S. Department of Homeland Security (DHS) passed through the California Emergency Management Agency (CaIEMA) for FY 2010 Operation Stone Garden. As one of 17 participant agencies, the National City Police Department's share of funding is $657,030.00. The police department's participation is governed through a memorandum of agreement with the San Diego County Sheriff's Department, who serves as the fiscal agent for the grant. Operation Stone Garden is designed to enhance law enforcement preparedness and operational readiness along the land and water borders of the United States and to address cross -border crime in the region. FINANCIAL STATEMENT: ACCOUNT NO. 290 411 624 APPROVED:C iNn Finance APPROVED: The Stone Garden grant does not require a match. This is a reimbursable grant. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Staff recommends that the City Council accept the Stone Garden Grant award and authorize the purchase of police vehicles, remote camera system, communications equipment and upgrades and tactical equipment. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: ne Garden budget and programmatic documents. RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO EXECUTE AN AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR THE 2010 OPERATION STONEGARDEN GRANT IN THE AMOUNT OF $657,030, AND APPROPRIATING FUNDS IN THE AMOUNT OF THE GRANT FOR THE REIMBURSABLE GRANT PURCHASE OF PROGRAMMATIC OPERATIONS ($337,480) AND EQUIPMENT PURCHASES ($319,550), INCLUDING POLICE VEHICLES, REMOTE CAMERA SYSTEM, COMMUNICATIONS EQUIPMENT AND UPGRADES, AND TACTICAL EQUIPMENT WHEREAS, the County of San Diego, through the San Diego Sheriffs Department has received $8,844,033 in federal government grant funds from the U.S. Department of Homeland Security (DHS), passed through the California Emergency Management Agency (CaIEMA) for Fiscal Year 2010 Operation Stonegarden; and WHEREAS, Operation Stonegarden is designed to enhance law enforcement preparedness and operational readiness along the land and water borders of the United States and to address cross -border crime in the region; and WHEREAS, the National City Police Department's participation is governed through an Agreement for the 2010 Operation Stonegarden Grant with the San Diego County Sheriff's Department; and WHEREAS, as one of the 17 participant agencies, the National City Police Department's share of grant funding is $657,030 for programmatic operations in the amount of $337,480 and equipment in the amount of $319,550; and WHEREAS, the San Diego County Sherriffs Department is responsible for coordinating the reimbursement requests for the grant funds; and WHEREAS, to ensure that the Police Department purchases equipment and executes programmatic operations prior to the grant deadline of April 30, 2013, the grant funds must be used to order and/or receive equipment and overtime reimbursement prior to that deadline, to enable staff to claim reimbursement out of the grant funding by the April 30, 2013 deadline unless an extension beyond the deadline is approved by the U.S. Department of Homeland Security (DHS) through the California Emergency Management Agency (CaIEMA). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Chief of Police to execute an Agreement with the County of San Diego for the 2010 Operation Stonegarden Grant in the amount of $657,030. Said Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that City funds in the amount of $657,030 are authorized for the reimbursable grant purchase of programmatic operations in the amount of $337,480 and equipment in the amount of $319,550 for the Police Department, and directs staff to request reimbursement for such expenditures from the San Diego County Sherriff's Department. --- Signature Page to Follow --- Resolution No. 2011 — Page 2 PASSED and ADOPTED this lst day of February, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney 2d'r0 OPERATION STONEGARDEN IIBIT A: BUDGET WORKSHEET Cg Name A OKsratbnat cm mimeo narrative Category 8 C D E F t3 14 t Fringe„ Vehic a Ma 31t Equip New/Pteplace t7T %-of &mowsAAelrit Equip Fuel Cotes F6grti,Costa fYevet Tsttal WO )tego ountySheriffsDepartment )iego $ 1,267,848 $800,,0 $ 7,200 $ 61,056 $ $ - S 106,610 $ 62,645 $ $ 1,686,437 79.97% County Probation $ 352,973 $ 18,202 $ - $ 83,190 $ - $ 6,000 $ - $ - $ 460,366 76.67% bad Police Department $ 193,162 $ 2,801 $ - $ - $ 60,000 $ - $ 16,200 $ - $ - S 272,162 70.97% 50.51%' i Vista Police Department $ 202,556 $ 13,937 $ 80,000 $ 4,200 $ 100,305 $ - $ - $ - $ - $ 400,998 ado Police Department $ 93,106 $ 9,877 $ - $ - $ 15,500 $ - $ 13,500 $ - $ - $ 131,982 70.54% ion Police Department $ 112,714 $ - $ - $ - $ - $ - $ 2,700 $ - $ - $ 115,414 97.66% idido Police Department $ 106,429 $ 6,833 $ - $ - $ 163,260 $ - $ - $ - $ - S 276,621 38,49% asa Police Department $ 144,407 $ 20,246 $ - $ 947 $ 99,820 $ - $ 7,000 $ - $ - $ 272,420 53.01% nat City Police Department $ 337,450 $ - $ - $ - $ 319,550 $ - $ $ $ $ 667,030 51.36% nside Police Department $ 206,514 $ 2,994 $ 14,963 $ - $ 492,450 $ 19,872 $ - $ - $ - $ 736,783 28.03% )iego Harbor Police $ 205,570 $ 25,265 $ 12,500 $ - $ 60,000 $ 58,240 $ - $ - $ - $ 361,574 56.85% )iego Police Department $ 1,063,901 $ - $ 52,032 $ - $ 109,539 $ - $ 60,000 $ 49,440 $ $ 1,336,012 79.69% 3e County Sheriffs Department $ 207,331 $ 14,928 $ 26,928 $ - $ 444,276 $ 43,680 $ - $ 91,656 $ - $ 828,799 25.02% ighway Patrol $ 500,502 $ - $ - $ - $ - $ - $ 57,200 S 96,600 $ - $ 654,302 76.49% epartment of Fish and Game $ 110,400 $ 8,446 $ - $ - $ 5,000 $ 1,931 $ 5,000 $ - $ 2,904 $ 133,681 82.58% epartment of Motor Vehicles, Investigators $ 205,568 $ - $ - $ - $ 149,496 $ - $ 9,600 $ - $ - $ 364,664 56.37% epartment of Parks and Recreation (State Parks) $ 151,840 $ 2,202 $ 8,000 $ 636 $ 94,200 $ - $ - $ - $ - $ 256,878 59.11 % . Total San Diego County Region $ 5,462,300 $ 205,807 $ 201.623 S 66.839 $ 2,196,686 $ 123,723 $ 283,810 $ 300,341 $ 2,904 $ 8,844,033 61.76% AGREEMENT FOR THE 2010 OPERATION STONEGARDEN GRANT PARTIES TO THE AGREEMENT This Agreement is between the COUNTY OF SAN DIEGO ("COUNTY"), the CITY OF CARLSBAD, the CITY OF CHULA VISTA, the CITY OE CORONADO, the CITY OF EL CAJON, the CITY OF ESCONDIDO, the CITY OF LA MESA, the CITY OF NATIONAL CITY, the CITY OF OCEANSIDE, the CITY OF SAN DIEGO ("CITIES"), the SAN DIEGO UNIFIED PORT DISTRICT ("SDUPD"), the COUNTY OF ORANGE ("OC"), the CALIFORNIA HIGHWAY PATROL ("CIIP"), the CALIFORNIA DEPARTMENT OF FISH AND GAME ("DFG"), the CALIFORNIA DEPARTMENT OF MOTOR VEHICLES ("DMV"), and the CALIFORNIA DEPARTMENT OF PARKS AND RECREATION ("DPR"), collectively the "PARTIES", for program support of the 2010 Operation Stonegarden Grant ("OPSG"). Party Departments Or Agencies Participating In The Agreement For the COUNTY, participating agencies are the Sheriff's Department and the Probation Department. For the CITIES, participating agencies are the police departments. For the OC, participating agency is the Sheriff's Department. SDUPD, C,1-IP, DEG, DMV and DPR do not have subordinate agencies or department participants. The services and obligations of PARTIES and their participating departments or agencies are set forth herein. 1 RECITALS WHEREAS, COUNTY through SHERIFF received funds from the U.S. Department of Homeland Security (DI -IS) passed through the California Emergency Management Agency (CaIEMA), under the Fiscal Year (FY) 2010 Operation Stonegarden Grant (OPSG) Program; and WHEREAS, funds shall he used to support the OPSG program to enhance law enforcement preparedness and operational readiness along the land and water borders of the United States; and WHEREAS, Government Code §55632 authorizes COUNTY through SHERIFF and PARTIES, to contract with SHERIFF for provision of joint law enforcement services; and WHEREAS, PARTIES desire to enter into an agreement with provisions concerning the nature and extent of OPSG collaboration, services rendered, and compensation; and WHEREAS, COUNTY, by action of the Board of Supervisors Minute Order No. 2 dated November 9, 2010, approved and authorized the SHERIFF to execute expenditure contracts to use FY2010 OPSG grant funds to reimburse all PARTIES for overtime expenses; equipment and vehicle purchases; fuel, mileage, flight, and vehicle and equipment maintenance costs incurred in OPSG activities not to exceed $7,258,596, as described in Exhibit A — Budget Worksheet, during the project period beginning October 1, 2010 through April 30, 2013; and WHEREAS, PARTIES agree to maintain documentation supporting all expenditures reimbursed from Operation Stonegarden (OPSG) grant funds, ensure all expenditures are allowable under grant requirements, adhere to authorized procurement methods and submit an organization -wide financial and compliance audit report if$300,000 or more of OPSG federal fiords are expended in a fiscal year. The documentation and records shall he maintained and retained in accordance with OPSG grant requirements and shall he available for audit and 2 inspection. The audit shall be performed in accordance with the U.S. General Accounting Office Government Auditing Standards and OMB Circular A-I33. For accounting purposes, the fbllowing is a description of these funds: Federal Grantor Agency: U.S. Department of Homeland Security; Pass Through Agency: California Emergency Management Agency' (CALEMA); Program Title: Homeland Security Grant Program; Federal CFDA Number: 97.067; and WHEREAS, PARTIES agree to Exhibit B - FYI O Grant Assurances as set forth by the California Emergency Management Agency; NOW THEREFORE, fbr consideration, the receipt and sufficiency of which is hereby acknowledged, PARTIES jointly intend that COUNTY through SHERIFF will fund, and PARTIES will provide, a level of OPSG services, as set forth in this Agreement. AGREEMENT PURPOSE AND INTENT The purpose of this Agreement is to satisfy the OPSG proposal submitted to and awarded by the U.S. Department of Homeland Security passed through the California Emergency Management Agency, under the FY 201 0 Operation Stonegarden Grant. II. SCOPE OF SERVICES A. Method of Service Delivery SHERIFF will maintain the OPSG grant and will be administratively responsible for coordination of'PARTIES' obligations under this Agreement. The SHERIFF'S OPSG will be staffed as described in section IV. - Standards of Service: Obligations of the PARTIES. 3 B. Overview Of Basic Services PARTIES will provide OPSG activities ("Activities") by increasing law enforcement presence in their designated areas of jurisdiction or in coordination with other OPSG partner agencies in order to support the U. S. Department of Homeland Security, Bureau of Customs and Border Protection efforts in the region to improve border security. The PARTIES will enforce local and state laws will not enforce immigration laws on behalf of Customs and Border Protection/Border Patrol. III. TERM OF AGREEMENT A. Initial Terns The term of this Agreement shall be retroactive to midnight on October 1, 2010, and shall continue in effect through and terminate at midnight on April 30, 2013; subject to the termination provision in section III. B. and III. C. below. B. Option to Extend Renewal or extension of the Agreement beyond April 30, 2013, shall be subject to remaining grant funds and to a time extension approved by the U.S. Department of Homeland Security (DI3S) through the California Emergency Management Agency (Ca1EMA). C. 'Termination Subject to the applicable provisions of state law, each PARTY may terminate its participation in this Agreement upon ninety -day (90) minimum written notice to the other PARTIES. 4 IV. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES A. Anticipated Outcome The anticipated outcome of the OPSG Activities to be provided by PARTIES under this Agreement is increased law enforcement presence in each respective PARTY's designated area of jurisdiction in order to support the U. S. Department of Homeland Security, Bureau of Customs and Border Protection efforts in the region to improve border security and reduce border related crime. The law enforcement agencies that elected to participate in OPSG are San Diego County Probation Department, Carlsbad Police Department , Chula Vista Police Department, Coronado Police Department, El Cajon Police Department, Escondido Police Department, La Mesa Police Department, National City Police Department, Oceanside Police Department, San Diego Police Department, San Diego Harbor Police Department, Orange County Sheriffs Department, California Highway Patrol, California Department of Fish & Game, California Department of Motor Vehicles, and California Department of Parks and Recreation ("Participating Agencies"). The anticipated outcome will be reached by achieving the goals and accomplishing the missions set forth below by the PARTIES and in Exhibit C — FY 10 OPSG Operations Order to this Agreement. i . PARTIES will provide enhanced enforcement by increasing patrol presence in proximity to the border and/or routes of ingress from the border, including the water borders. In addition, PARTIES will utilize their unique investigatory areas o f expertise in operations. 5 2. Increase intelligence/information sharing among PARTIES, including but not limited to the following activities: a. Conduct monthly meetings with a minimum of one representative from each PARTY. b. Increase information sharing during operations. 3. At the conclusion of each shill funded by Operation Stonegarden, OPSG state/local law enforcement officers will complete a Daily Activity Report (DAR). The DAR will be submitted via email to U.S. Customs and Border Protection (CBP)/Border Patrol Sector Headquarters at: SDCOPSG2009@cbp.dhs.gov and San Diego Sheriff's Department at: stpncgardengsdshcriff.org. The work week fin• OPSG is Wednesday Tuesday. B. Personnel Qualifications And Assignment All PARTY personnel who perform OPSG Activities pursuant to this Agreement shall have met the minimum qualifications designated for their specific classification. PARTIES shall provide OPSG with qualified personnel to meet pertbrmance standards and scope of service defined herein and as further specified in Exhibit C. 1. Sheriff And County Participating Agency Discretion The management, direction, and supervision of SHERIFF OPSG personnel, the standards of performance, the discipline of deputies, and all other matters incident to the performance of such services, shall be performed by and be the responsibility of COUNTY through SHERIFF in SHERIFF'S sole but reasonable judgment and in accord with the provisions of applicable labor 6 agreements. SHERIFF shall be the appointing authority for all SHERIFF personnel provided to OPSG by this AGREEMENT. Similarly, the County Participating Agency shall be responsible for the management, direction and supervision of its own OPSG personnel; the standards of perfrmance, personnel discipline, and all other matters incident to the performance of such services, through the sole but reasonable. judgment of the County Participating Agency and in accord with applicable labor agreements. Non -County PARTIES shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to persons engaged in COUNTY'S performance of this Agreement. 2. Non -County Parties' Discretion The management, direction, and supervision of non -County PARTY OPSG personnel, the standards of performance, the discipline of officers and/or non -sworn personnel, and all other matters incident to the performance of such services, shall be performed by and be the individual responsibility ofeach respective non -County PARTY in each respective non -County PARTY'S sole but reasonable. judgment and in accord with the provisions of applicable labor agreements. Each non -County PARTY shall be the appointing authority for its respective personnel provided to the OPSG by this Agreement. COUNTY and SHERIFF shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to persons engaged in non -County PARTY's performance of this Agreement. 7 3. Designated Coordinators SHERIFF shall select and designate a coordinator who shall manage and direct the OPSG, The other County Participating Agency and each non -County PARTY shall select and designate a coordinator under this Agreement_ The designated coordinators for each party shall implement, as needed, appropriate procedures governing the performance of all requirements under this Agreement and shall he responsible Ibr meeting and conferring in good faith in order to address any disputes which may arise concerning implementation of this Agreement. 4. Staffing for Basic Services PARTIES shall ensure that adequate numbers of their qualified respective personnel are provided to OPSG Activities at all times during the term of this Agreement to meet the Basic Services, Scope of Services, and Standards of Service commitments set forth herein. 5. Equipment and Supplies COUNTY through SHI;RFF will provide SHERIFF OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform OPSG Activities. Similarly, County Participating Agency will provide its respective OPSG personnel with all supplies and equipment necessary to perform OPSG Activities. Non -County PARTIES will provide their respective OPSG personnel with all supplies and/or prescribed safety gear, body armor-, and/or standard issue equipment necessary to periornr OPSG Activities unless otherwise specified in Exhibit C. 8 PARTIES are responsible for the procurement of their own equipment to be used in OPSG Operations. V. COST OF SERVICES/CONSIDERATION A. General As full consideration for the satisfactory performance and completion by PARTJES of OPSG Activities set forth in this Agreement, COUNTY through SHERIFF shall reimburse PARTIES for personnel assigned to perform OPSG Activities on the basis of invoices and submittals as set forth hereunder. Such payments by COUNTY through SHERIFF are dependent on the continued availability of grant funds from the U.S. Department of Homeland Security (DFIS) passed through the California Emergency Management Agency (CaIEMA). B. Personnel Costs/Rate of Compensation During the term of this Agreement, COUNTY through SHERIFF shall reimburse PARTIES for overtime worked by personnel assigned to perform OPSG Activities based upon available finding and the actual costs incurred by PARTIES to provide Activities under this Agreement. C. Method of Payment I . PAR'I'1ES shall submit correct and complete reimbursement forms, itemized invoices, labor reports, timesheets, and any other related supporting documentation that represents amounts due under this Agreement to include expenditure corrections and back billings to SHERIFF no later than the final business day of the subsequent month from the month being claimed to: San 9 Diego County Sheriff's Department, Grants Unit, Ref: OPSG, P. O. Box 939062, San Diego, CA 92193, a, Reimbursement forms, invoices, purchases orders, contracts, labor reports, timesheets, and other related supporting documentation must have the signature of PARTY's designated coordinator or his or her designee, certifying that the invoice, timesheets, and related documentation are true and correct. b. PARTIES shall provide payroll records for each and every person whose costs are reimbursable under this Agreement, to include, at a minimum, the person's name, classification, duty position, task, regular hourly rate, overtime hourly rate, overtime hours worked, date overtime worked and fringe benefit rate and cost. PARTIES shall make available to SHERIFF for inspection, upon request, all payroll records and any other records that relate to the Basic Services provided under this Agreement. 2. Within sixty (60) business days upon receipt of valid invoice and complete documentation, SHERIFF will reimburse PARTIES for the Basic Services agreed to. VI. INDEMNIFICATION RELATED TO WORKERS COMPENSATION, EMPLOYMENT AND CLAIMS AND LIABILITY ISSUES A. Workers Compensation And Employment 1. The COUNTY shall fully indemnify and hold harmless Non -County PAR'T'IES and their respective officers, employees and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs and/or arbitration 10 costs), costs, damages or liabilities arising from or related to (I) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY, or (2) any claim, demand, suit or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY, 2. Each Non -County PARTY shall fully indemnify and hold harmless the COUNTY, its officers, employees and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of that respective agency or any contract labor provider retained by the Non -County party, or (2) any claim, demand, suit or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective law enforcement agency or any contract labor provider retained by the law enforcement agency. 11 B. Indemnification Related To Acts Or Omissions; Negligence 1. Claims Arising From Sole Acts or Omissions of County The COUNTY hereby agrees to defend and indemnify the Non -County PARTIES, their agents, officers and employees, Bom any claim, action or proceeding against the Non -County PARTIES arising solely out of the acts or omissions of COUNTY in the performance of this Agreement. At its sole discretion, each Non - County PARTY may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve COUNTY of any obligation imposed by this Agreement. Each Non -County PARTY shall notify COUNTY promptly of any claim, action or proceeding and cooperate hilly in the defense. 2. Claims Arising From Sole Acts or Omissions of Non -County PARTIES Each Non -County PARTY hereby agrees to defend and indemnify the COUNTY, its agents, officers and employees from any claim, action or proceeding against COUNTY, arising solely out of the acts or omissions of a respective Non -County PARTY in the performance of this Agreement. At its sole discretion, COUNTY may participate at its own expense in the defense of any such claim, action or proceeding, but such participation shall not relieve Non -County PARTIES of any obligation unposed by this Agreement. COUNTY shall notify Non -County PARTIES promptly of any claim, action or proceeding and cooperate fully in the defense. 3. Claims Arising From Concurrent Acts or Omissions COUNTY hereby agrees to defend itself, and each Non -County PARTY hereby agrees to defend itself; from any claim, action or proceeding arising out of the concurrent acts or omissions of COUNTY and Non -County PARTIES. In such cases, COUNTY 12 and each Non -County PARTY agrees to retain its own legal counsel, bear its own defense costs, and waive its right to seek reimbursement of such costs, except as provided in paragraph 5 below. 4. Joint Defense Notwithstanding paragraph 3 above, in cases where COUNTY and Non -County PARTIES agree in writing to a joint defense, COUNTY and Non -County PARTIES may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions ofNon-County PARTIES and COUNTY. Joint defense counsel shall be selected by mutual agreement of COUNTY and Non -County PARTIES. COUNTY and Non -County PARTIES agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 5 below. COUNTY and Non -County PARTIES further agree that none of the PARTIES may hind the others to a settlement agreement without the written consent of both COUNTY and PARTIES. 5. Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, COUNTY and Non -County PARTIES may seek reimbursement and/or reallocation•of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. V11. GENERAL PROVISIONS A. Independent Contractor Status In the performance of services under this Agreement, COUNTY and and Non - County PARRIES acknowledge and agree that COUNTY and its respective officers, 13 agents and/or employees shall be deemed independent contractors and not officers, agents or employees of Non -County PARTIES; and Non -County PARTIES and their respective officers, agents and/or employees shall be deemed independent contractors and not officers, agents or employees of COUNTY. All such personnel provided by COUNTY under this Agreement are under the direct and exclusive supervision, daily direction, and control of COUNTY and COUNTY assumes MI responsibility for the actions of such personnel in the performance of services hereunder; all such personnel provided by Non -County PARTIES under this Agreement are under the direct and exclusive supervision, daily direction, and control of their respective agencies and each agency assumes full responsibility for the actions of such personnel in the performancc of services hereunder, COUNTY and Non -County PARTIES acknowledge and agree that COUNTY does not control the planner and means ofperfonning the work of Non -County PARTIES' officers, agents or employees who perform OPSG Activities, nor does COUNTY have the right to hire or terminate employment of such officers, agents or employees. Non -County PARTIES do not control the manner and means of performing the work of COUNTY officers, agents or employees who perform OPSG Activities, nor do Non -County PARTIES have the right to hire or terminate employment ofsueh officers, agents or employees_ COUNTY has no authority of any kind to bind Non -County PARTIES, and Non -County PARTIES have no authority to bind COUNTY and/or SHERIFF in any respect whatsoever, nor shall COUNTY or SHERIFF act or attempt to act, or represent itself directly or by implication as an agent of Non -County PARTIES, or in 14 any manner assume or create or attempt to assume or create any obligation on behalf of or in the name ofNon-County PARTIES. Non -County PARTIES shall not act or attempt to act, or represent themselves directly or by implication as agents of COUNTY or SHERIFF, or in any manner assume or create or attempt to assume Or create any obligation on behalf of or in the name of COUNTY. B. Notices Any notice, request, demand or other communication required or permitted hereunder shall be in writing and may be personally delivered or given as of the date of mailing by depositing such notice in the United States mail, first-class postage prepaid and addressed as follows or, to such other place as each party may designate by subsequent written notice to each other: To COUNTY and SHERIFF: Sheriff San Diego County Sheriff's Department P. O. Box 939062 San Diego, CA 92193 To Non -County PARTIES: Chief of Police Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92010 Chief of Police Chula Vista Police Department 315 Fourth Avenue Chula Vista, CA 91910 Chief of Police Escondido Police Department 1163 North Centre City Parkway Escondido, CA 92026 Chief Probation Officer Probation Department 9444 Balboa Avenue, Ste. 500 San Diego, CA 92123 Chief of Police Coronado Police Department 700 Orange Avenue Coronado, CA 921 18 Chief of Police El Cajon Police Department 100 Fletcher Pkwy El Cajon, CA 92020 Chief of Police La Mesa Police Department 8085 University Ave La Mesa, CA 91942 15 Chief of Police National City Department 1200 National City Blvd National City, CA 91950 Chief of Police San Diego Police Department 1401 Broadway, San Diego, CA 92101 Sheriff Orange County Sheriff's Department 550 N. Flower Street Santa Ana, CA 92703 Chief of Enforcement California Department of Fish and Game 1416 9th Street, Room 1326 Sacramento, CA 95829 Chief California Department of Parks and Recreation 1416 9th Street Sacramento, CA 95814 Chief of Police Oceanside Police Department 3855 Mission Ave Oceanside, CA 92058 Chief of Harbor Police San Diego Harbor Police Dept 3380 N. Harbor Dr. San Diego, CA 92101 Chief California Highway Patrol 4902 Pacific Highway San Diego, CA 92110 Chief of Investigations Division California Department of Motor Vehicles 2120 Broadway, Sacramento, CA 95818 A notice shall be effective on the date of personal delivery if personally delivered before 5:00 p.m. on a business day or otherwise on the first business day following personal delivery; or two (2) business days following the date the notice is postmarked, if mailed; or on the first business day following delivery to the applicable overnight courier, if sent by overnight courier for next business day delivery and otherwise when actually received. C. Amendment; Assignment This Agreement may be modified or amended only by a written document signed by the COUNTY through SHERIFF and the affected PARTY or PARTIES, and no oral understanding or agreement shall be binding on any PARTY or PARTIES. No party shall 16 D. assign any of its rights or delegate any of its obligations hereunder without the prior written consent. of the other PARTIES. Entire Agreement This Agreement constitutes the complete and exclusive statement of agreement between the COUNTY and Non -County PARTIES with respect to the subject matter hereto. As such, all prior written and oral understandings are superseded in total by this Agreement. E. Construction This Agreement will be deemed to have been made and shall he construed, interpreted, governed, and enforced pursuant to and in accordance with the laws of the State of California. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not he used to construe, interpret, expand, or limit the terms of the Agreement and shall not be construed against any one party. F. Waiver A waiver by COUNTY or Non -County PARTIES of a breach of any o f the covenants to be performed by COUNTY or Non -County PARTIES shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this Agreement. In addition, the failure of any party to insist upon strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by COUNTY or Non -County PARTIES of either performance or payment shall not be considered a waiver ofPARTY's preceding breach of this Agreement. G. Authority to Enter Agreement I7 COUNTY and Non -County PARTIES have all requisite power and authority to conduct their respective business and to execute, deliver, and perform the Agreement. Each PARTY warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. Ill. Cooperation COUNTY through SHERIFF and Non -County PARTIES will cooperate in good faith to implement this Agreement. Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 1. Severability This Agreement is subject to all applicable laws and regulations. lfany provision of this Agreement is found by any Court or other legal authority, or is agreed upon by the PARTIES, to be in conflict with any law or regulation, then the conflicting provision shall be considered null and void. lfthc effect of nullifying any conflicting provision is such that a material benefit of this Agreement to any PARTY is lost, then the Agreement may be terminated at the option of the affected PARTY, with the notice as required in this Agreement. In all other cases, the remainder of this Agreement shall he severable and shall continue in full force and effect. K. Legislative Changes [fatly changes are made to regulations pursuant to which this Agreement is made or to any successor legislation or regulations, or if the U.S. Department of Homeland Security through the California Emergency Management Agency imposes any budget requirements 18 or limitations applicable to this Agreement and the services to be provided hereunder, then (I) to the extent any of the changes are of mandatory application, such change(s) shall apply to the PARTIES and this Agreement, and this Agreement shall be deemed to be amended to be consistent with such changes(s) except to the extent that such change(s) alter(s) a material provision of this Agreement in which case such material provision shall be voidable and the PARTIES will negotiate in good faith to amend the Agreement as necessary, and (2) to the extent any of the changes are not of mandatory application, such change(s) shalt not affect this Agreement or the right or obligations of COUNTY and SHERIFF, and Non -County PARTIES, under this Agreement unless the PARTIES mutually agree to subject themselves to such ehanges(s). L. Representation PARTIES' Chief, or their respective designee, shall represent PARTIES in all discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall represent SHERIFF in all discussions pertaining to this Agreement. M. Dispute Resolution Concerning Services and Payment In the event of any dispute concerning services and payment arising from this Agreement, the SHERIFF, or his or her designee, and PARTIES' Chief of Police, or his or her respective designee, will meet and confer within 10 (ten) business days after receiving notice of the dispute to resolve the dispute. N. Termination of Finding in the event that funding fbr reimbursement of costs related to OPSG Activities is terminated by the U.S. Department of Homeland Security through the Calithrnia Emergency Management Agency, this Agreement in its entirety shall he considered null and void and COUNTY through SHERIFF and PARTIES shall no longer he required to I9 provide OPSG Activities as described herein. In such event, the COUNTY through SHERIFF and PARTIES shall meet immediately, and if agreed upon by the COUNTY through SHERIFF and PARTIES, mutually develop and implement within a reasonable time. frame, a transition plan for the provision of OPSG Activities through alternate means. O. Obligation This Agreement shall be binding upon the successors of the PARTIES. This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by the laws of the State of California. IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on this day of , 2010. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT William D. Gore Sheriff Mack Jenkins Chief CARLSI3AD POLICE CHULA VISTA DEPARTMENT POLICE DEPARTMENT Gary Morrison Chief David Bejarano Chief 20 CORONADO POLICE EL CAJON DEPARTMENT POLICE DEPARTMENT Lou Scanlon Pat Sprecco Chief Chief ESCONDIDO POLICE LA MESA POLICE DEPARTMENT POLICE DEPARTMENT Jim Maher Alan Lanning Chief Chief NATIONAL CITY OCEANSIDE POLICE POLICE DEPARTMENT DEPARTMENT Adolfo Gonzales Frank McCoy Chief Chief SAN DIEGO POLICE CITY OF SAN DIEGO DEPARTMENT William Lansdowne Mayor Jerry Sanders Chief Or designee SAN DIEGO HARBOR POLICE ORANGE COUNTY DEPARTMENT SHERIFF'S DEPARTMENT John Bolduc Sandra Hutchens Chief Sheriff 21 CALIFORNIA HIGHWAY CALIFORNIA DEPARTMFAT PATROL OF FISH AND GAME, Jim Abele Chief, Border Division Paul Hamdorf Assistant Chief CALIFORNIA DEPARTMENT CALIFORNIA DEPARTMENT OF MOTOR VEHICLES OF PARKS AND RECREATION Kathryn Door Clay Phillips (lief, Investigations (A) District Superintendent Approved as to form and legality: S. N 1I ;OICOUNTY COUNSEL, lia n .. Peittingili Senior Deputy Approved as to form Jan I. Goldsmith, ('ity Attorney By Deputy City Attorney 22 California Emergency Management Agency FY2010 Grant Assurances (All HSGP Applicants) Name of Applicant: NATIONAL CITY POLICE DEPARTMENT Address: 1200 NATIONAL CITY BLVD. City:NATIONAL CITY CA 91950 State: Zip Code: Telephone Number: 619.336.4432 Fax Number: 619.336.4525 E-Mail Address: agonzales@nationalcityca.gov As the duly authorized representative of the applicant, I certify that the applicant named above: I. Will assure that grant funds will support efforts related to providing an integrated mechanism to enhance the coordination of national priority efforts to prevent, respond to, and recover from terrorist attacks, major disasters and other emergencies. 2. Has the legal authority to apply for Federal assistance and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and sub -granted through the State of California, California Emergency Management Agency (Cal EMA). 3. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred between grant programs (for example: State Homeland Security Program, Urban Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or fiscal years. 4. Will comply with any cost sharing commitments included in the FY2010 Investment Justifications submitted to DHS/FEMA!Ca1 EMA, where applicable. 5. Will give the Federal government, the General Accounting Office, the Comptroller General of the United States, the State of California, the Office of Inspector General, through any authorized representative, access to, and the right to examine, all paper or electronic records, books, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards and/or awarding agency directives. 6. Agrees that funds utilized to establish or enhance State and Local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines, follow the Federal and State approved privacy policies, and achieve (at a minimum) baseline level of capability as defined by the Fusion Capability Planning Tool. Page 1 Initials Nt 7. Will provide progress reports, and other such information as may be required by the awarding agency, including the Initial Strategy Implementation Plan (ISIP) within 45 (forty-five) days of the award, and update via the Grant Reporting Tool (GRT) twice each year. 8. Will initiate and complete the work within the applicable time frame after receipt of approval from Cal EMA. 9. Will maintain procedures to minimize the time elapsing between the award of funds and the disbursement of funds. 10. Will comply with all provisions of DIIS/FEMA's codified regulation 44, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Govern vents, including the payment of interest earned on advances. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of, personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business, or other ties. 12. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from DHS/FEMA/Cal EMA. 13. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority - owned, women -owned, or disadvantaged business concerns and contractors or subcontractors to the extent practicable. 14. Will notify Cal EMA of any developments that have a significant impact on award -supported activities, including changes to key program staff. 15. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of structures. 16. Will comply with all Federal and State Statues relating to Civil Rights and Nondiscrimination. These include, but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits discrimination on the basis of race, color or national origin. b. Title IX of the Education Amendments of 1972, as amended (20 U,S.C. §§ 1681-1683 and 1685-1686), which prohibits discrimination on the basis of gender. c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps. d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age. e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse. f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. Page 2 Initials AI g. §§ 523 and 527 of the Public Ilealth Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records. h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing. i. Title 44 Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination. j. The requirements on any other nondiscrimination provisions in the specific statute(s) under which the application for Federal assistance is being made. k. Will, in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, gender, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs. 1. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. m. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements and all other provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1 _ 17. Will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91-646]) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of Federal participation in purchases. Will also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -assisted programs. 18. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is ten thousand dollars ($10,000) or more. 19. Will comply with all applicable Federal, State, and Local environmental and historical preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP requirements and obtain applicable permits may jeopardize Federal funding. Will comply with all conditions placed on any project as the result of the EHP review; any change to the scope of work of a project will require reevaluation of compliance with these EHP requirements. 20. Agrees not to undertake any project having the potential to impact the EHP resources without the prior written approval of DHS/FEMA/Cal EMA, including, but not limited to, ground disturbance, construction, modification to any structure, physical security enhancements, communications towers, and purchase and/or use of any sonar equipment. The subgrantee must comply with all conditions placed on the project as a result of the EHP review. Any construction - related activities initiated without the necessary EHP review and approval will result in a noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA/Cal EMA funding. Any change to the scope of work will require re-evaluation of compliance with the EHP. If ground -disturbing activities occur during the project implementation, the subgrantee must ensure monitoring of the disturbance. If any potential archeological resources are Page 3 Initials /''` discovered, the subgrantee will immediately cease activity in that area and notify DHS%FEMA/Cal EMA and the appropriate State Historic Preservation Office. 21. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Violating Facilities, and will notify Cal EMA and the Federal Grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under consideration for listing by the EPA. 22. Will provide any information requested by DHS/FEMA/Cal EMA to ensure compliance with applicable laws, including the following: a. Institution of environmental quality control measures under the National Environmental Policy Act, National Historical Preservation Act, Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), Wetlands (11990) and Environmental Justice (E012898) and Environmental Quality (EOI 1514). b. Notification of violating facilities pursuant to EO 11738. c. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.). d. Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U,S.C. § 7401 et seq.). e. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523). f. California Environmental Quality Act (CEQA). California Public Resources Code Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section 15000-15007. g. Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting components or potential components of the national wild and scenic rivers system. h. Applicable provisions of the Coastal. Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 23. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447, and 2448. 24. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Security." The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security. 25. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights of copyright to which a recipient or sub -recipient purchases ownership with Federal support. Page 4 Initials flit 26. The recipient agrees to consult with DHS/FEMA/Cal EMA regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 27. Has requested through the State of California, Federal financial assistance to be used to perform eligible work approved in the submitted application for Federal assistance and after the receipt of Federal financial assistance, through the State of California, agrees to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the Federal or State government. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per Federal Fiscal Year. 28. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 29. Will comply with provisions of the Hatch Act (5 U.S.C. Sections 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 30. Will comply, if applicable, with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 31. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 32. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 33. Wilt comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for Federally -assisted construction sub -agreements. 34. Agrees that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation; renewal, amendment, or modification of any Federal grant or cooperative agreement. b. If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member Page 5 Initials A of Congress in connection with the Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. c_ The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including subgrants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than S10,000 and not more than $100,000 for each such failure. 35. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 36. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non -Federal funds. 37. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A102 and A-133, E.O. 12372 and the current Administrative Requirements, Cost Principles, and Audit Requirements. 38. Will comply with all provisions of 2 CFR, including: Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A-110); Part 225 Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87); Part 220 Cost Principles for Educational Institutions (OMB Circular A-21); Part 230 Cost Principles for Non -Profit Organizations (OMB Circular A-122). 39. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 40. 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 agreement. 41. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 42. Will comply with the financial and administrative requirements set forth in the current edition of the DHS Financial Management Guide. Page 6 Initials /44 43. Agrees that all allocations and use of funds under this grant will be in accordance with the FY 2010 Homeland Security Grant Program Guidance and Application Kit, and the California Supplement to the FY 2010 Homeland Security Grant Program Guidance and Application Kit. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2010 Homeland Security Grant Program application. Further, use of FYI 0 funds is limited to those investments included in the California FY10 Investment Justifications submitted to DHS/FEMA/Cal EMA and evaluated through the peer review process. 44. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension". 45. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions, a. The applicant certifies that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. ii. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. iii. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and h. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 46. Agrees to comply with the Drug -Free Workplace Act of 1988, and certifies that it will or will continue to provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. b. Establishing an on -going drug -free awareness program to inform employees about: i. The dangers of drug abuse in the workplace; ii. The grantee's policy of maintaining a drug -free workplace; iii. Any available drug counseling, rehabilitation, and employee assistance programs; and Page 7 Initials i4.4 iv. The penalties that may he imposed upon employees for drug abuse violations occurring in the workplace. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a). d. Notifying the employee in the -statement required by paragraph (a) that, as a condition of employment under the grant, the employee will i. Abide by the terms of the statement; and ii. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. e. Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs ATTN: Control Desk 633 Indiana Avenue, N.W. Washington, D.C. 20531 Notice shall include the identification number(s) of each affected grant. f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted. i. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or ii. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. g. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a). (b), (c), (d), (e), and (f). 47. Will comply with all applicable requirements of all other Federal and State laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 48. Understands that failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds. The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized Agent:. r• 4 + Printed Name of Authorized Agent: ADOLFO GONZALES Title: CHIEF OF POLICE Date: Page 8 OPERATIONS ORDER REPORT U.S. DEPARTMENT OF HOMELAND SECURITY/ U.S. CUSTOMS AND BORDER PROTECTION Op Order Name: FY 2010 OPSG CA -San Diego County Op Order Number: Op Dates: From: 10/01/2010 To: 09/30/2013 Report Date: 09/09/10 Executive Summary I. SITUATION A. General Situation: The events of September 11th, 2001, provided the reality of terrorist attacks within the very confines of the nation. Consequently, the detection and apprehension of terrorists and their weapons attempting entry across the nation's borders has become the Border Patrol's primary mission and a top priority for state and local law enforcement agencies. In addition, greater San Diego County has historically been a highly favored operational area for alien and drug smuggling cartels. The close proximity of Tijuana, Mexico to San Diego, population density, sporadic border infrastructure, and extensive transportation networks leading to the interior immediately north of the border make San Diego a consistently lucrative target. Since 2005, there has been an unprecedented level of cartel -related violence in Baja California. 2008 and 2009 presented particularly violent years with over 900 reported murders linked to drug cartels. The vast majority of the murders were committed south of San Diego County, primarily in the Tijuana, Ensenada, Rosarito, and Tecate municipalities. In addition, border area kidnappings are on the rise and commonly utilized for ransom and/or intimidation purposes. Information generated through OPSG operations has indicated that street gangs within San Diego County play an increasing role in distribution and enforcer duties on behalf of the cartels. The extension of drug - related violence and crime into the greater San Diego area by trans -national criminal enterprises is a very real threat and provides additional impetus for partnerships and a regional border crime approach within the federal, state, and local law enforcement community. Presently, levels of immediate border control for San Diego County's (San Diego Sector) approximate sixty miles of international border range from "Monitored" to "Controlled." As operational control of the border is established within key target zones, smuggling organizations resort to increasingly elaborate methods such as the construction of sophisticated cross -border tunnels and the utilization of boats to further their criminal enterprise. In FY 2009 there were 70 known maritime smuggling events. Coastal border enforcement has become a significant element in the San Diego County Operation Stonegarden (OPSG) effort. Campaign Stronghold, the San Diego Sector's FY 2010 enforcement strategy, will address the specific threats posed by criminal organizations and raise the level of operational control in targeted border zones within the Sector's area of responsibility (AOR). The utilization of intelligence -driven joint operations, forward deployment, detection technology, infrastructure, and enforcement resources is key to controlling the border. Partnerships between federal, state and local agencies facilitated by OPSG are essential in addressing transnational crime and border security. Since its inception, the intent of OPSG has been to enhance law enforcement preparedness and operational readiness along the nation's borders. The Department of Homeland Security (DHS) Appropriations Act, 2010 (Public Law 111-83) allocated $60,000,000 for use at the local level to increase coordination and enforcement capabilities in support of DHS goals including those outlined in the Border Patrol National Strategy. In 2009, San Diego County was awarded $8,844,033.00 for OPSG and an additional $4,992,606.00 (OPSG) via the Supplemental Appropriations Act This submittal is for the third year of OPSG operations within San Diego County. All local law enforcement agencies within the region are now participants in the program, as is the Orange County Sheriff's Department, whose area of responsibility begins at the San Diego/Orange County line. B. Terrain/Weather: Terrain features within San Diego County include beaches, estuaries, coastal plains, steep canyons and ravines, high desert, and mountains over six thousand feet in elevation. Dense urban environment and sparsely populated remote and rural wilderness areas comprise the county demographic. Weather conditions vary greatly throughout the County from year-round mild temperatures that average 50 to 80 degrees to extremes in temperatures ranging from subfreezing to well over 100 degrees. C. Criminal Element: Transnational smuggling organizations pose significant threats throughout the county. These organizations are sophisticated and well -funded. They utilize counter surveillance, diversions, night vision devices, and secure communications while conducting operations. The murder of cartes rivals, kidnapping for profit/intimidation, and assaults against law enforcement officers are common tactics utilized in furtherance of their criminal enterprise, D. Friendly Forces: U.S. Customs and Border Protection/Border Patrol CBP Air and Marine CBP Field Operations San Diego County Sheriff's Department San Diego County Probation Department San Diego Police Department San Diego Harbor Police Carlsbad Police Department Chula Vista Police Department Coronado Police Department El Cajon Police Department Escondido Police Department La Mesa Police Department National City Police Department Oceanside Police Department Orange County Sheriffs Department California Department of Motor Vehicles California Department of Fish and Game California Highway Patrol California State Parks II. MISSION Department of Homeland Security, CBP/Border Patrol, state, and local law enforcement agencies operating in San Diego and Orange Counties will collaborate to raise border security by: • disrupting, dismantling, and defeating targeted threats • enhancing land/coastal border detection and interdiction capabilities • establishing formal communication and intelligence protocols III. EXECUTION A. Management/Supervisor Intent: In coordination with CBP/Border Patrol; state and local law enforcement agencies participating in OPSG will exercise their unique jurisdictional capabilities in order to collaboratively address border security issues. B. General Concept: Participating agencies will utilize their unique areas of expertise and jurisdictional authority to patrol targeted areas within the county and participate in special operations targeting border nexus crime. Border security threat and operational activities will be determined jointly between the San Diego Sector unified command staff and the OPSG Integrated Planning Team (IPT). Maritime -specific operations will be coordinated jointly with the Maritime Unified Command. This operational concept does not result in a change or extension of Federal authority to state or local law enforcement agencies to enforce Federal immigration laws (Title 8 USC). It is anticipated however, that increased enforcement activities under OPSG will significantly impact the ability of criminal organizations to operate within the greater San Diego area and reduce the threat of border incursions. Participating agencies will utilize OPSG funding for overtime, fuel, mileage, vehicle maintenance, and equipment in order to support enforcement operations as identified in the quarterly OPSG Operational Plan(s). C. Specific Responsibilities: A quarterly OPSG plan describing in detail responsibilities and funding requests for the following state and local agencies will be generated for approval by the Chief Patrol Agent -San Diego Sector and Office of Border Patrol (OBP) prior to release of OPSG funds: San Diego County Sheriffs Department San Diego County Probation Department San Diego Police Department San Diego Harbor Police Carlsbad Police Department Chula Vista Police Department Coronado Police Department El Cajon Police Department Escondido Police Department La Mesa Police Department National City Police Department Oceanside Police Department Orange County Sheriffs Department California Department of Motor Vehicles California Department of Fish and Game California Highway Patrol California State Parks D. Coordinating Instructions: The San Diego County Sheriffs Department (SDSD) will be the OPSG applicant and fiscal agent for San Diego County. San Diego Sector Stations will be responsible for providing intelligence to and collaborating with local agencies performing OPSG enforcement activities within their respective AORs. A representative from the Border Patrol and the SDSD will jointly monitor all OPSG-related communications, perform de -confliction, generate and distribute daily participant schedules, collect the daily OPSG Activity Report, and keep appropriate command staffs apprised as necessary. At the conclusion of each shift, OPSG-funded state/local law enforcement officers will complete a Daily Activity Report (DAR). The DAR will be submitted via email to Sector Headquarters at SDCOPSG2008(a7cbp.dhs.gov and SDSD at gayda.pia@sdsheriff.org. The Sector OPSG Group will be responsible for compiling daily activity reports and SDSD Financial Services Division will be responsible for tracking OPSG expenditures. Weekly Activity and After -Action Reports will be completed by the Sector OPSG Group and submitted via email to OBP. All source documents (e.g. arrest reports, citations, field interviews, etc.) will be emailed to SDCOPSG2008(cbp.dhs.gov for evaluation. Items of interest will be developed by the Sector Intelligence Division (SID) and forwarded to Station Lead Border Patrol Agents (LBPAs), Smuggling Interdiction Group (SIG), SDSD Criminal Intelligence Division (CID), LECC/RTTAC (Fusion Center), and the OPSG Working Group for action. Intelligence products including mapping, trend analysis, community impact, and target files will be developed via a collaborative effort between the SID, SDSD CID, and LECC/RTTAC, Performance Metrics OPSG impact on border security and public safety will be gauged by several mechanisms: • Statistically tracked events such as traffic stops, citations, misdemeanor/felony arrests, and contraband seizures • SID evaluation of OPSG effect on smuggling/alien traffic patterns • Third party indicators ascertained via crime statistic analysis and community impact data developed by the LECC IV. BUDGET A.1 Cost Estimates/Funding Requests (Year 1) Administration/Logistics/ Budget Request Operational Overtime - p San Diego Sheriffs Department Narrative Justification (Computation of Items) Deputy 2-2 person unit,4 days per week, 10 hour shift 160 hours per week x 52 weeks = 8,320 hrs/yr Cost @ $57.93/ hour = $481,978 ResidenURural Deputy 4-1 person units, 4 days per week, 10 hour shift 160 hours per week x 52 weeks = 8,320 hrs/yr Cost @ $60.55/ hour = $503,776 Sergeant 1 Sergeant, 3 days per week, 10 hour shift 30 hrs per week x 52 weeks = 1,560 hrs/yr Cost @ $66.451 hour = $103,662 Resident/Rural Sergeant 1 Sergeant, 3 days per week, 10 hour shift 30 hrs per week x 52 weeks = 1,560 hrs/yr Cost @ $73.10/ hour = 5114,036 Lieutenant 1 Lieutenant, 1 day per week, 10 hour shift 10 hrs per week x 52 weeks = 520 hrs/yr Cost @ $78.21/ hour = $40,669 Dispatcher 1 dispatcher, 1 day per week, 10 hour shift 10 hrs per week x 52 weeks = 520 hrs/yr Cost @ $45.631 hour = $23,728 Federal Request $1,267,848 - San Diego Probation Department Deputy Probation Officers 10 DPO's x 10 hour shift/wk x 52 weeks = 5,200 hours Cost @ $ 48.36/hr = $251,472 Senior Probation Officers 2 SrPO's x 10 hour shift/wk x 52 weeks = 1,040 hours Cost @ $ 53.33/hr = $55,463 Correctional Deputy Probation Officer I 1 CDPO I x 10 hour shift/wk x 12 months = 120 hours Cost @ $ 35.10/hr = $4,212 Correctional Deputy Probation Officer 11 1 CDPO II x 10 hours x 12 months = 120 hours Cost @ $ 41.48/hr = $4,978 Probation Aide 1 PA x 10 hours x 12 months = 120 hours Cost @ $ 31.73hr = $3,808 Supervisory Probation Officer 1 SPO x 10 hours x 52 weeks = 520hrs Cost @ $63.541hr = $33,041 $352,973 Carlsbad Police Department Officer/Corporal 2 officers x 10 hours x 12 shifts/month 240 hrs per month x 12 months = 2,880 hrs Cost @ $ 58.74hr = $169,171 Sergeant 1 sergeant x 8 hours x 3.5 shifts/month 28 hrs per month x 12 months = 336 hrs Cost Co? $71.40 hr. _ $23,990 $193,162 - Chula Vista Police Department Police Sergeant/AgenUOfficer Patrol $202,556 2 officers x 10 hours per day x 2 days per week x 52 weeks = 2,080 hours Special tnvestigations/Narcotics Unit 7 officers x 10 hours/month x 12 months = 840 hrs Administration/Logistics/ Budget Request - Chula Vista Police Department (continuation)2 Narrative Justification (Computation of Items) Task Force Ops Federal Request officers x 10 hours per month x 12 months = 240 hrs Total hours = $3,160 hours per /year Cost @ $64.101 hour = $202,556 Coronado Police Department Officer 2 officers x 4 shifts a month x 10 hours shifts . 80 hrs x 12 months = 960 hrs Cost @ $59.82hour = $57,427 Sergeant 1 Sergeant x 4 shifts a month x 10 hour shifts 40 hrs x 12 months = 480 hrs Cost @ $74.33lhour = $35,678 $93,106 El Cajon Police Department Officer 2-2 person units, 3 days per month, 10 hr shift = 120 hours per month x 12 months = 1,440 hrslyr Cost @ $57.53/hour = $82,843 Sergeant 1 Sgt. 3 days per month, 10 hour shift = 30 hours per month x 12 months = 360 hours/yr Cost @ $69.911hour = $25,168 Police Dispatcher 1 Dispatcher 1 day per month, 10 hour shift = 10 hours per month x 12 months = 120 hours/yr Cost @ $39.191hour = $4,703 $112,714 - Escondido Police Department 1 Weekly operations $106,429 Sergeant 1 Sergeant working 10 hour shift x 15 weeks = 150 hours /yr Cost @ $77.93/hour = $11,690 Officers 3 Officers working 10 hour shift x 20 weeks = 600 hours/yr Cost @ $60.25/hour = $36,150 Monthly operations Lieutenant 1 Lieutenant working 10 hour shift x 10 mos = 100 hours /yr Cost @ $86.21ihour = $8,621 Sergeant 1 Sergeant working 10 hour shift 10 mos = 100 hours /yr Cost @ $77.931hour = $7,793 Officers 7 Officers working 10 hour shift x 10 mos = 700 hours/yr Cost r8 $60.25/hour = $42,175 - La Mesa Police Department Patrol Ops $144,407 Officer 1 officer x 10 hours per day x 3 days per week x 52 weeks= 1,560 hours Cost @ $57.12/hour = $89,107 Sergeant 1 sergeant x 10 hours per day x 1 day per week x 52 weeks = 520 hours Cost @ $70.19/hour = $36,499 interdiction Enforcement Officer 7 officers x 10 hours x lops/qtr x 4 qtrs = 280 hours Cost @ $57.12/hour = $15,994 Sergeant 1 sergeants 10 hours x lops/qtr x 4 qtrs = 40 hours Cost @ $70.191hour = $2,808 Administration/Logistics/ Budget Request Narrative Justification (Computation of Items) Officers Two officers 3 days per week, 10 hour shift = 40 hours per week x 52 weeks = 3,120 hrslyr Cost @ 64.90)hour = $202, 488 One.ofcer 2 days per week, 10 hour shift = 20 hours per week x 52 weeks = 1,040 hrslyr. Cost @ 64.90/hour = $67,496 One officer 2 days per week, 10 hour shift = 20 hours per week x 52 weeks = 1,040 hrslyr. Cost @ 64.90lhour = $67,496 Federal Request $337,480 - National City Police Department - Oceanside Police Department Maritime $206,514 Officers 2 officers x 2 days/week x 10 hr shifts = 40 hrs/week x 52 weeks = 2,080 hrs Cost @ 69.30/hour = $144,144 Landside Coastal Patrol Officers 2 officers x 1 day/week x 10 hr shifts = 20 hrs/week x 45 weeks = 900hrs. Cost @ 69.30/hour = $62,370 - San Diego Harbor Police Department P Corporals and/or Officers 2 Corporals and/or Officers x 10 hour shifts x 3 days per week x 48 weeks = 2,880 hours Cost @ $58.63/hour =$168,854 Lieutenants and/or Sergeants 2 Lieutenants and/or Sergeants x 10 hour shifts x 2 days per month x 12 months = 480 hours Cost @ $76.491hour =$36,715 $205,570 - San Diego Police Department Police Offrcerll Harbor Unit /Patrol $1,063,901 8 PO lis x 115 days x 10 hour shift = 9,200 hrs Cost @ $61.19/ hour = $562,948 Police Detective 5 Detectives x 100 days x 10 hour shift = 5,000 hrs Cost @ $65.28/hr = S326,400 Police Sergeant Harbor Unit/Patrol 3 Sgts x 50 Days x 10 hour shift = 1,500 hrs Cost @ $73.92/hour = $110,880 Detective Sergeant 1 Sgt x 75 Days x 10 hour shift=750hrs Cost @ $77.62/hr= $58,215 Police Officer 11- Pilot 2 pilots x 4 days x 10 hour shift = 80 hours Cost@ 68.23/ hour = $5,458 - Orange County Sheriff's Department Harbor Division $207,331 Sergeant 1-1 person unit x 2 hrs/wk x 50 weeks = 100 hrs/yr Cost @ $78.44/ hour = $7,844 Deputy Sheriff 11 1-2 person unit x 1 day per week. 10 hrs/day x 50 weeks = 1,000 hrslyr Cost @ $63,241 hour = $63,240 Administration/Logistics/Budget Request - Orange County Sheriff's Department (continuation) Narrative Justification (Computation of Items) Enforcement Team Federal Request Sergeant 1-1 person unit x 10 hrs/ wk x 48 weeks = 480 hrs/yr Cost @ $78.44/ hour = $37,651 Deputy Sheriff 11 1-2 person unit x 10 hrs/wk x 48 weeks = 960 hrs/yr Cost @ $63.24/ hour = $60,710 Air Division Sergeant 1-1 person unit x 2 hrst wk x 48 weeks = 96 hrs/yr Cost @ $78.441 hour = $7,530 Deputy 11 . 1-1 person unit x 1 day per week, 10 hrsiday x 48 weeks = 480 hrslyr Cost @ $63,241 hour = $30,355 - CA Highway Patrol Officer 2 officers x 10 hrs/ day x 4 days/wk x 52 wks = 4,160 Cost @$83.98lhour = $349,357 Flight Officer 2 flight officers x 8 hrs/day x 1 day/week x 25 weeks Total flight officer hrs = 400 hours/year Cost @$97.671hour = $39,063 Sergeant 1 sergeant x 5 hrs/ day x 4 days per week x52 weeks Total sergeant hours= 1,040 hours/year Cost @$102.041hour = $106,122 Supervisor Pilot 1 flight supervisor x 2 hrs/ day x 1/wk x 25 weeks Total supervisor flight officer hrs = 50 tours/year CostOn$119.11/hour=$,5956 $500,502 - CA Department of Fish & Game Warden 2 wardens x 20hr/wk x 46 weeks = 1,840 hrs Cost @ $60.001hour = $110,400 $110,400 - CA Department of Motor Vehicles Investigators 3 Inv x 8hrs/day x 2 dayslwk x 44 weeks= 2,112 hrs Cost @ $79.001hr = $166,848 Supervising Investigator 1 supervisor x 10hrs/wk x 44 weeks = 440 hrs Cost @ $88.001hr = $38,720 $205,568 - CA State Parks Supervisors and/or Officers 2 Supervisors and/or Officers x 10 hr x 2 days/wk x 52 weeks =2,080 hours Cost @$73.00/h r = $151,840 $151 ,840 Total Overtime Costs $5,462,300 Fringe Benefits for Peace Officers - San Diego Sheriff's Department Worker's Comp - 4.745% Medicare - 1.45% Total Fringe Benefit Rate: 6.2% 6.20% x $1,244,121= $77,135 CC Dispatchers + OASDI 6.2% = 12.4% x 23,728 = $2,942 $80,078 - San Diego Probation Department Worker's Comp = $3.64% Medicare= 1.45% Total Fringe Benefit Rate: 5.09% 5.09% x $347,521= $17,689 Probation Aide + OASD16.2% = 11.29% x 2,538 = $287 $18,202 - Carlsbad Police Department Medicare - 1.45% Total Fringe Benefit Rate: 1.45% x $193,162 $2,801 - Chula Vista Police Department FICA = 1.45 % 1.45% x $202,556 = $3,013 K9 handler pay = $11,000 per year $13,937 Administration/LogisticslBudget Request - Coronado Police Department Narrative Justification (Computation of Items) Worker's Comp = $9.158% Medicare= 1.45% Total Fringe Benefit Rate: 10.608%x $93,106 Federal Request $9,877 El Cajon Police Department None requested $0 Escondido Police Department Worker's Comp - 3.97% State Unemployment Insurance - 1.0% Medicare - 1.45% Total Fringe Benefit Rate: 6.42% x $106,429 $6,833 - La Mesa Police Department Worker's Comp = 12.57% Medicare= 1.45% Total Fringe Benefit Rate: 14.02% x $144,407 $20,246 - National City Police Department None requested $0 - Oceanside Police Department FICA = 1.45 % x $206,516 $2,994 San Diego Harbor Police Department Worker's Comp - 4.64% FICA - 7.65% Total Fringe Benefit Rate: 12.29% x $205,570 S25,265 San Diego Police Department None requested $0 - Orange County Sheriff's Department Worker's Comp - 5.15% Unemployment - .60% FICA - 1.45% Total Fringe Benefit Rate: 7.20% x $207,331 $14,928 - CA Highway Patrol Calculations included in 0T: unable to separate per CHP HQ $0.00 - CA Department of Fish & Game FICA= 7.65% x $110,400 $8,446 - CA Department of Motor Vehicles Calculations included in OT; unable to separate per DMV HQ; State Benefit Rate 1.5425 $0 - CA State Parks FICA= 1.45% x $151,840 $2,202 Total Fringe Benefits Costs $205,807 VehicleNessel Maintenance - San Diego Sheriff's Department Off -Road Vehicle (Quads) 10 Operations x 8 hours x $15/ hour x 6 units x 1 year $7 200 San Diego Probation Department None requested $0 Carlsbad Police Department None requested $0 Chula Vista Police Department Includes fuel and maintenance $8,000 per year x 10 vehicles $80,000 - Coronado Police Department None requested. $0 - El Cajon Police Department None requested. $0 - Escondido Police Department None requested. $0 - La Mesa Police Department None requested. $0 __ - National City Police Department None requested. $0 - Oceanside Police Department Hrs Used Yearly: 1, 600 = $21.88/hour Hrs per shift = 9 x $21.88/hr = $196.88/shift # of shifts per year = 76 $14,963 San Diego Harbor Police Department 10% of the original cost of vessel $12,500 - San Diego Police Department Includes fuel and maintenance required fee for all added fleet vehicles. $13,008.00 x 4 $52,032 Orange County Sheriffs Department SAFE Boat Maintenance Costs = $26,928 $26,928 CA Highway Patrol None requested. $0 CA Department of Fish & Game None requested. $0 - CA Department of Motor Vehicles None requested. $0 - CA State Parks 4WD Vehicle Fuel and maintenance $8,000 per year x 1 vehicle = $8,000 $8,000 Total Vehicle Maint. Costs $201,623 Equipment Maintenance - San Diego Sheriffs Department HIDTA & RURAL Monthly 800mhz (RCS) user fee $26.50 per unit per month x 64 radios x 36 months $61,056 San Diego Probation Department j None requested. AdministrationlLogistics{Budget Request Carlsbad Police Department Narrative Justification (Computation of Items) None requested. Federal Request $0 - Chula Vista Police Department GPS Tracking Devices plus cost of yearly service contract Monthly Service Fee $50 p/unit x 7 units = $350 p/month x 12 months $4,200 - Coronado Police Department None requested. $0 - El Cajon Police Department None requested. $0 Escondido Police Department None requested. $0 - La Mesa Police Department MOT user service fee @ $ 947 per year $947 - National City Police Department None requested. $0 Oceanside Police Department None requested. $0 - San Diego Harbor Police Department None requested. $0 • - San Diego Police Department None requested. $0 _ Orange County Sheriff's Department None requested. $0 CA Highway Patrol None requested. $0 - CA Department of Fish & Game None requested. $0 - CA Department of Motor Vehicles None requested. $0 - CA State Parks Monthly 800mhz (RCS) user fee $26.50 per unit per month x 6 radios x 12 months $636 Total Equipment Maint. Costs $66,839 Fuel - San Diego Sheriff's Department None requested. $0 San Diego Probation Department None requested. $0 Carlsbad Police Department None requested. $0 Chula Vista Police Department None requested. $0 Coronado Police Department None requested. $0 El Cajon Police Department None requested. $0 Escondido Police Department None requested. $0 La Mesa Police Department None requested. $0 National City Police Department None requested. $0 - Oceanside Police Department Gallons per shift @ 65 x $4.25/gaflon = $276 /shift 2 shifts pr week x 36 weeks = 72 shifts $19,872 - San Diego Harbor Police 2 engines X 10 hours X 2 days X 8 gallons/hour X $3.50/gallon X 52 weeks $58,240 - San Diego Police Department None requested. $0 - Orange County Sheriff's Department Harbor Division Safe Boat Fuel Costs 3.00/gallon x 14 gal/hr x 10 hr/op x 104 ops/yr $43,680 - CA Highway Patrol None requested. $0 - CA Department of Fish & Game 12dayX22g1s/dayX$6.00/gls+21.91%OH $1,931 - CA Department of Motor Vehicles None requested. $0 - CA State Parks None requested. $0 Total Fuel Costs $123,723 Mileage - San Diego Sheriff's Department Includes fuel and maintenance 213,220 miles x .50/mile $106,610 - San Diego Probation Department Estimated 1,000 miles/mo x 12 months = 12,000 miles x $.501mile $6,000 - Carlsbad Police Department 32,400 miles x $.501mile $16,200 - Chula Vista Police Department None re. uested. $0 Coronado Police Department includes fuel and maintenance 360 shifts, avr shift mileage is 75 miles =27,000miles x .50/mile $13,500 Administration/Logistics/Budget Request Narrative Justification Federal (Computation of Items) Request - El Cajon Police Department Includes fuel and maintenance Average shift mileage 150 miles @ 36 shifts per year = 5,400 miles x $.50/mile $2,700 Escondido Police Department None requested. $0 La Mesa Police Department 14,000 x 1 vehicle x $-50/mile $7,000 - National City Police Department None requested. $0 - Oceanside Police Department None requested. $0 - San Diego Harbor Police Department None Requested. $0 San Diego Police Department Includes fuel and maintenance 120,000 miles/yr x $.50/mile $60,000 - Orange County Sheriff's Department None Requested. $0,00 CA Highway Patrol 114,400 miles per year x $ 50 cents per mile $57,200 - CA Department of Fish & Game 10,000 miles x $0.50/mile $5,000 - CA Department of Motor Vehicles Estimated 1,600 mileslmo x 12 months = 19,200 miles x $.50/mile $9,600 - CA State Parks None Requested. $0 Total Mileage Costs $283,810 Flight Costs - San Diego Sheriff's Department 24 Operations x 5 hours = 120 flight hours x $522.04 / hour $62,645 - San Diego Police Department 20 Operations x 6 hours = 120 flight hours x $412/ hour $49,440 - Orange County Sheriff's Department 25 Operations x 6 hours = 150 fit hrs X $611.04/hr $91,656 - CA Highway Patrol 35 Operations x 8 hours = 280 flight hours x $345.00/ hour $96,600 Total Flight Costs $300,341 Travel - CA Department of Fish & Game Lodging + expenses 15 days x $158.8D + 21.91 %OH $2,904.00 Total Travel Costs $2,904 New Equipment - San Diego Probation Department (2) Unmarked Patrol Vehicles $70,000 (2) Steiner Predator Pro lays $351 (2) Steiner Police Binoculars (10X50) $798 (1) Cobra CAM III $1,495 (FLEXIBLE VIDEO CAM) (2) Blackhawk Monoshock Ram $690 (2) Small Pry $398 (2) Hallagan Tool $458 (4) Five Patient Trauma Kit $9,000 $83,190 - Carlsbad Police Department (1) Fully -equipped 4WD patrol vehicle $60,000 including MCI and 800 MHz radio (Chevy Tahoe) $60,000 - Chula Vista Police Department (3) Night Vision Goggles $17,955 (7) GPS Tracking Devices $5,600 (2) 35MM Digital Camera System wt $7,000 zoom lens (including hard case and memory cards) (2) Night Vision Systems for use $12,000 with 35mm Cameras (4) Laptop computersiWrreless $19,500 Air Cards (5) Gyro Stabilized Binoculars $6,250 (2) Hand Held Thermal Imaging Devices $32,000 $100,305 - Coronado Police Department (2) Laptop Computer $14,000 (2) Digital Camera $ 1,500 $15,500 El Cajon Police Department None Requested. $0 Administration/Logistics/Budget Request Narrative Justification (Computation of Items) Federal Request Escondido Police Department (2) Breaching tools $1,100 (1) Fiber optic Camera $1,100 (2) K-1 Trackers $2,400 (2) Laptops w/ wireless cards, software, $12,000 license (2) Digital Camera w/Long Range Lens $3,000 (2) Marked Patrol Vehicles $93,810 (6) Night Vision Monocular $24,000 (4) Night Vision Binoculars $3,200 (4) Pinhole/ Buttonhole Cameras $2,000, (6) Concealable radio ear wire/mics $1,860 (2) 800Mhz Radios for Vehicles $7,810 (1) Tactical Blanket $9,360 (2) Tool kits for hidden compartments $600 (2) Video Cameras $1,000 $163,260 - La Mesa Police Department (1) Unmarked 4x4 Vehicle package $63,000 (2) Night vision binoculars ($7001ea.) $1,400 (1) Long range night vision optics $12,500 (1) Digital camera $800 (1) Thermal imager $10,000 (2) Tactical ballistic vests ($1200/ea.) $2,400 (4) Tactical helmets with goggles $2,000 (10) Tactical communication gear $7,000 (2) Handheld GPS ($800fea.) $1,600 (8) Police vests ($140/ea. x 4) $1,120 $99,820 - National City Police Department (2) Marked patrol vehicles (fully equipped) $80,000 (1) Surveillance van (fully equipped) $ 75,000 (1) Remote Camera System $40,000 (1) Night Vision Goggles $ 5,000 (1) Digital cameras w/accessories $1,500 (1) Tactical Rapid Deployment Vehicle $75,000 (20) Radio Encryption Upgrade $9,000 (18) Radio ear pieces and microphones $32,850 (2) Snake Cameras $1,200 $319,550 - Oceanside Police Department . (1) Custom 35' Full Cabin SAFE boat $460,000 w/ trailer (3) Steiner Commander XP 7X50 $300 Binoculars - West Marine (10) Insight TECH AN/PEQ-15 $14,000 Pointer Illuminator (15) Gill QS21-Foul Weather Gear $4,200 West Marine (15) Gill gloves $450 (8) Mustang Auto -Inflate PFD for LE $2,400 (2) Encrypted radio, Motorola XTS5000 $9,100 w/ full encryption (2) 5ealifeDC1000 waterproof digital $1,000 camera kits (2) Profiler Golight tl w/ Infrared lens $1,000 and docking station $492,450 - San Diego Harbor Police Department (2) Thermal Imager $60,000 $60,000 San Diego Police Department (4) Holligan Tools $750 (4) Small Doorknocker Rams $1,208 (4) Sledgehammers $100 (4) Tool Packs $470 (7) K-1 Vehicle Trackers $12,683 (7) Eagle Body Wire w/ Receivers $4,200 (2) Cellebrite Forensic Phone $8,113 Downloaders (2) Cellebrite battery -powered $8,700 Downloaders $109,639 (30) Pinnacle Armor Model #SOC-3000 $73,415 Administration/Logistics/Budget Request Narrative Justification (Computation of Items) Federal Request - Orange County Sheriff's Harbor Division $444,276 Department (1) SAFE Boat $395,235 Aviation Support (2) Night Vision Goggles $22,000 (2) Night Vision Accessories: $1,650 Helmet Mounts for NVG (2) Night Vision Accessories: $850 Lo Profile Battery for NVG (4) Emergency Rescue Strobe Light: $372 ACR FireFly2 Doublefty (2) Handheld VHF Radio $1,152 (2) Helicopter Emergency Egress Device $582 (2) Passenger Life Vest $538 (6) Marking / Dye Packs ($10 each) $60 Enforcement Team (13) Tactical Vest / Eagle Industries $6,842 (26) Rifle Plat $11,528 (13) Tactical Floatation Support System $3,267 - CA Highway Patrol None requested $0 - CA Department of Fish & Game (4) Gyro -stabilized Binoculars $5,000 $5,000 - CA Department of Motor Vehicles (2) 4WD Utility Vehicles Unmarked $120,000 $149,496 (outfitted with radios, emergency lights, cages) (4) Encrypted handheld radios (dual band) $28,000 with desk & vehicle chargers, and spare battery. (4) Extended speaker microphones $396 (4) Concealable ear bud microphones $400 (2) Lap top vehicle mounts $700 - CA State Parks (1) Marked Park Police Chevy Tahoe $ 41,000 $94,200 (Fully equipped) (2) Safe (Browning bronze series) $5,000 (6) Still Olympus Stylus Tough $2,100 (2)Video Sanyo Xacti camcorder $500 (2) Night Vision with magnification $9,600 (2) High Power Binoculars $8,000 (4) Spot Lights -- Handheld $400 (4) DELL E640ATG Toughbook $10,000 Laptop Computers and Aircards (1) Dive Team Equipment $4,000 (Computer, Gear Bag, Wetsuit, Booties, Gloves, Fins, Mask/Snorkel, Knife, Light, Buoyancy Compensator, Regulator,Max-Air 35 Compressor, Tank) (9) Portable GPS unit $3,600 (2) County Compatible Radios $10,000 (Chargers, FCC Fees, Portable, Base Station) Total New Equi . ment Costs $2,196,686 GRAND TOTAL (YEAR 1) $8,844,033 V. COMMAND/CONTROL/COMMUNICATION A. Chain of Command: Participating agencies will maintain their individual chains of command as dictated by internal policies and guidelines This Operations Order will be approved by the Chief Patrol Agent, San Diego Sector, followed by Office of Border Patrol and FEMA prior .to funding. Border Patrol -San Diego Sector: (A) Chief Patrol Agent Richard Barlow OPSG Representative: (A) Assistant Chief Daniel Parks (619) 216-4000 San Diego County Sheriff: Sheriff William D. Gore OPSG Rep: Capt. David Myers (619) 498-2402 San Diego County Probation Department: Chief Probation Officer Mack Jenkins OPSG Rep: Deputy Probation Officer Alejandro Zermeno (858) 514-3200 San Diego Police Department: Chief William Lansdowne OPSG Rep: Sgt. Wesley Albers (858) 650-3600 San Diego Harbor Police: Chief John Bolduc OPSG Rep: Lieutenant Kirk Nichols (619) 686-6570 Carlsbad Police Department: Chief Gary Morrison OPSG Rep: Sgt. Jeff Chapman (760) 931-2166 Chula Vista Police Department: Chief David Bejarano OPSG Rep: Lt. Eric Thunberg (619) 691-5151 Coronado Police Department: Chief Lou Scanlon OPSG Rep: Cmdr. Lazio Waczek (619) 522-7354 El Cajon Police Department Chief Pat Sprecco OPSG Rep: Lt. Jeff Davis (619) 441-1561 Escondido Police Department Chief Jim Maher OPSG Rep: Lt. Robert Benton (760) 839-4722 La Mesa Police Department Chief Alan Lanning OPSG Rep: Lt. David Bond (619) 667-1412 National City Police Department Chief Adolfo Gonzalez OPSG Rep: Lt. Lanny Roark (619) 336-4524 Oceanside Police Department: Chief Frank McCoy OPSG Rep: Lt. Lee Steitz (760) 435-4450 Orange County Sheriff's Department: Sheriff Sandra Hutchens OPSG Rep: Sgt. Steve McCormik 714-647-1800 California Department of Motor Vehicles: Chief Kathryn Door OPSG Rep: Frank Alvarez (916) 657-8377 California Department of Fish and Game: Assistant Chief Mike McBride OPSG Rep: Captain Angel Raton (619) 467-4201 California Highway Patrol: Chief Gary A. Dominguez (Border Division) OPSG Rep: Lt. Don Goodbrand (858) 650-3711 California State Parks Chief Brian Ketterer OPSG Rep: Officer Erik Burgan (760) 415-1683 B. Unit Command (San Diego Sector Border Patrol Stations): Boulevard Station Brown Field Station Campo Station Chula Vista Station El Cajon Station Imperial Beach Station Murrieta Station San Clemente Station C. Communication Details: Communications protocol will be managed in accordance with each participant agency's existing policy. OPSG communications will be monitored and as necessary, coordinated by the ICS when active. C. Map Coordinates: Variable -within San Diego Sector AOR ANNEX A. Administration Annex: The San Diego County Sheriff's Department wiif be the OPSG Fiscal Administrator, Each OPSG participant's funds will be approved on a case -by -case basis specific to the quarterly operational plan. The San Diego Sector Chief Patrol Agent in coordination with the OPSG IPT will determine which areas will be the focus of operations and may shift enforcement efforts and priorities accordingly. Operational plans may be amended as necessary. State and local law enforcement agencies shall not use OPSG funding to supplant their inherent routine patrol and law enforcement operations in order to perform activities not directly related to increasing border security. B. Execution Annex: None C. Command Annex: Each participating agency will be responsible for identifying unit command and liaison personnel prior to implementation of quarterly operational plans. All contact information will be included in the plan(s). Media Action Plan: All Border Patrol inquiries will be directed to the San Diego Sector Information and Communication Division (619) 216-4182. State/Local agencies will manage media inquiries as indicated by their individual departmental policies. Legal Review: This operational plan has been reviewed for legal sufficiency by CBP Assistant Chief Counsel Peggy DeBeliso. Risks: No extraordinary risks have been associated with this operational plan. Photos: None CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 1, 2011 AGENDA ITEM NO. 10 iM TITLE: Resolution of the City Council of the City of National City Approving and Authorizing the Issuance of a Written Report Pertaining to a Moratorium Ordinance Prohibiting the Issuance of Massage Technician Permits and Prohibiting New Massage Establishments from Locating within the City PREPARED BY: George H. Eiser, III pi, DEPARTMENT: City Attorney PHONE: Ext. 4221 APPROVED BY: EXPLANATION: On March 16, 2010, the City Council enacted interim Ordinance No. 2010-2332 as an urgency ordinance, to take effect immediately, imposing a 45-day moratorium prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City. On April 20, 2010, the City Council enacted Ordinance No. 2010-2334, extending the moratorium for 10 months and 15 days. The moratorium will expire on March 5, 2011, unless extended. Section 65858(d) of the Government Code provides that 10 days prior to the expiration of an interim ordinance, the City Council shall issue a written report describing the measures taken to alleviate the condition that led to adoption of the ordinance. This action by the City Council will enable the Council to consider a one-year extension of the moratorium prior to its expiration. A report is attached which complies with the requirements of Section 65858(d). Briefly stated, the report discusses the current state of massage establishments in the City, and the need to revise the City's regulations pertaining to such establishments, a process complicated by the unsettled status of ilicable state law. The proposed resolution would approve and authorize issuance of this report. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approve and authorize the issuance of report. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: posed Resolution ....,port (Government Code Section 65858(d) RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING ISSUANCE OF A WRITTEN REPORT PERTAINING TO A MORATORIUM ORDINANCE PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN THE CITY WHEREAS, at the City Council meeting of April 20, 2010, the Council enacted Ordinance No. 2010-2334, "An Interim Ordinance of the City Council of the City of National City Adopted Pursuant to Government Code Section 65858 as an Urgency Measure to Take Effect Immediately, Extending for 10 Months and 15 days a Moratorium Prohibiting the Issuance of Massage Technician Permits and Prohibiting New Massage Establishments from Locating within the City of National City"; and WHEREAS, the moratorium enacted pursuant to Ordinance No. 2010-2334 will expire on March 5, 2011, subject to extension by action of the City Council; and WHEREAS, Section 65858(d) of the Government Code provides that 10 days prior to the expiration of the interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance; and WHEREAS, a Report satisfying the requirements of Government Code Section 65858(d) is attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, issuance of the Report by the City Council is a necessary action for the Council to be able to consider a further extension of the moratorium. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby finds and determines that the Report attached hereto as Exhibit "A" satisfies the requirements of Government Code Section 65858(d), and hereby approves and authorizes issuance of said Report. PASSED and ADOPTED this 1st day of February, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney REPORT MORATORIUM ORDINANCE PROHIBITING THE ISSUANCE OF MASSAGE TECHNICAL PERMITS AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING IN THE CITY (Government Code Section 65858(d)) On April 20, 2010, the City Council enacted Ordinance No. 2010-2334 extending until March 5, 2011 the urgency moratorium ordinance prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City. Since the enactment of that Ordinance, the City has taken the following actions to alleviate the condition which led to the adoption of the ordinance: 1. Review of Current Land Use Code: Business Licenses Applications: As with any business operating within the City of National City, a massage establishment must obtain a business license. At the time of application, the business license application would be forwarded to the Planning Division to determine if the use is an allowed use within the zone in which it is proposed. The City's Land Use Code, Chapter 18.69 designates a massage establishment as an "adult -oriented business". As such, a massage establishment may not be located within 1,500 feet of another adult -oriented business, school or public park, or within 1,000 feet of any residentially -zoned property. Inventoried Existing: The City's Finance Department researched business license records and determined that there currently are no massage establishments within the City. There is an unenclosed business located within Plaza Bonita consisting of four chairs on which customers may receive a massage, but this business would not come within the definition of "massage parlor" in Chapter 18.69. An amendment to the Municipal Code will be recommended in the near future to clarify this distinction. 3. Review of Inquires/Pending Permit Applications: Although the Police Department has received an inquiry regarding a massage technician permit, and the Finance Department recently received an inquiry regarding a business license for a massage establishment, no formal permit applications have been submitted. Summary The moratorium was originally enacted due to the need for the City to revise its regulations pertaining to massage technician permits and massage establishments. Making the needed revisions has been complicated by the unsettled status of state law in this area. The City Attorney's office is continuing to monitor any changes in the applicable state law. Once the state law is clarified, the City's regulations can be updated to conform to that law. EXHIBIT A CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 1, 2011 AGENDA ITEM NO. 11 M TITLE: Resolution of the City Council of the City of National City Ratifying a Fourth Amendment to Agreement for Exchange of Real Property and Joint Escrow Instructions (522 West 8th Street and 2020 Hoover Avenue) PREPARED BY: George H. Eiser, III PHONE: Ext. 4221 EXPLANATION: DEPARTMENT: City Attorney APPROVED BY: Please see attached memorandum. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt proposed resolution. BOARD 1 COMMISSION RECOMMENDATION: N/A 'ACHMENTS: •v,.rnorandum Proposed resolution Fourth Amendment to Agreement for Exchange of Real Property and Joint Escrow Instructions Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Louis Natividad Mona Rios Rosalie Zarate 9oB Office of the City Attorney City Attorney Claudia Gacitua Silva Legal Counsel George H. Eiser, 11I Senior Assistant City Attorney JodiL. Doucette TO: Mayor and City Council DATE: January 24, 2011 FROM: George H. Eiser, III, Legal Counsel SUBJECT: Agreement for Exchange of City -Owned Property at 522 West 8th Street for Property Owned by Illes Family Trust at 2020 Hoover Avenue; Fourth Amendment to Agreement On September 23, 2010, the City and the Ines 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. Amendments to the Agreement were approved on November 9, 2010, December 23, 2010, and January 11, 2011, resulting in extensions of the Contingency Period through January 24, 2011, to allow additional time for the preparation and review of environmental investigation reports. A soils investigation study will be performed on the property at 522 West 8th Street by Geosyntec Consultants, the City's environmental consultant, pursuant to Geosyntec's proposal dated January 21, 2011. In order to provide sufficient time for the parties to review the soils investigation report, is was necessary to again extend the Contingency Period beyond its January 24 expiration date. The City Manager has signed a Fourth Amendment to the Agreement, extending the Contingency Period to 5:00 p.m. of the third day following the parties' receipt of the Geosyntec report; it is expected that the report will be completed in approximately two weeks. It is now appropriate for the City Council to ratify the Fourth Amendment to Agreement. 7) 44ai in GEORGE H. EISER, III Legal Counsel GHE/gmo 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 FOURTH 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.: 288553 Escrow Officer: Rhonda Bernardini Title Order No.: Title Officer: Frank Green THIS FOURTH AMENDMENT TO AGREEMENT FOR EXCHANGE OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS ("Agreement") is made and entered into as of this 24th day of January, 2011, by and between the CITY OF NATIONAL CITY, a municipal corporation, ("City"), and ILLES FAMILY TRUST ("Hies"). 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 Parry's Real Property. C. On or about November 9, 2010, the Parties amended the Agreement to extend the Contingency Period by forty-five (45) days, for a total on ninety days. D. On or about December 23, 2010, the Parties amended the Agreement to extend the Contingency Period by an additional twenty-two (22) days, for a total of one hundred twelve (112) days. E. On or about January 11, 2011, the Parties amended the Agreement to extend the Contingency Period by an additional ten (10) days, for a total of one hundred twenty-two (122) days. F. To facilitate completion of the exchange transaction, Geosyntec Consultants ("Geosyntec") has prepared a proposal dated January 21, 2011 for a soils investigation study of the City Property located at 522 West 8th Street, pursuant to which Geosyntec will conduct such study and prepare a report. G. It is necessary, in order to allow the Parties to review and approve the soils investigation report prepared by Geosyntec, to further extend the Contingency Period until 5:00 p.m. on the third day following the receipt of said report by the Parties. 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 the third day following the receipt by the Parties of the soils investigation report for 522 West 8th Street prepared by Geosyntec Consultants, pursuant to Geosyntec's proposal dated January 21, 2011, 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 Illes, Trustee Chris Zapa 'y Manager By: Beverly Ann Ines, Co -Trustee Between the City of National City 2 and Richard-Illes of Real Property and Joint Escrow Instructions 4th Amendment to Agreement for Exchange 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: , 2011. Stewart Title Company a California corporation By: Its Authorized Agent Name: Title: Between the City of National City 3 4th Amendment to Agreement for Exchange and Richard Illes of Real Property and Joint Escrow Instructions RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING A FOURTH 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 IIles Family Trust ("IIles") 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 IIles-owned property at 2020 Hoover Avenue; and WHEREAS, Section 6.1.2 of the Agreement provides that a party 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, amendments to the Agreement were approved on November 9, 2010, December 23, 2010, and January 11, 2011, resulting in extensions of the Contingency Period through January 24, 2011, to allow additional time for the preparation and review of environmental investigation reports; and WHEREAS, in order to provide sufficient time for the parties to review a soils investigation report being prepared for 522 West 8th Street by the City's consultant, Geosyntec Consultants ("Geosyntec"), pursuant to Geosyntec's proposal dated January 21, 2011, it was necessary for the City Manager to sign a Fourth Amendment to Agreement to extend the Contingency Period beyond January 24, to 5:00 p.m. of the third day following the parties' receipt of Geosyntec's report; and WHEREAS, it is now appropriate for the City Council to ratify the Fourth Amendment to Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies a Fourth 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 to 5:00 p.m. of the third day following the parties' receipt of Geosyntec Consultants' soils investigation report for 522 West 8th Street, pursuant to Geosyntec's proposal dated January 21, 2011. Said Fourth Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of February, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 1st, 2011 AGENDA ITEM NO.12 EM TITLE: 'Warrant Register #25 for the period of 12/15/10 through 12/21/10 in the amount of $49,079.75 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 12/15/10 through 12/21/10 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation 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 $49,079.75 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rant Register #25 WARRANT REGISTER # 25 12/21/2010 PAYEE DESCRIPTION WIRED PAYMENTS TRISTAR RISK MANAGEMENT PREFUND - CLAIM# 05NAT00453 SECTION 8 HAPS PAYMENTS Start Date End Date 12/15/2010 12/21/2010 1/1 CHK NO DATE AMOUNT A/P Total 0.00 32701099 12/16/10 21,708.88 27,370.87 GRAND TOTAL $ 49,079.75 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 1st, 2011 AGENDA ITEM NO. 13 EM TITLE: Warrant Register #26 for the period of 12/22/10 through 12/28/10 in the amount of $1,163,063.38 PREPARED BY: K. Apalategui DEPARTMENT: PHONE: 1619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 12/22/10 through 12/28/10 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,163,063.38 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rrant Register #26 WARRANT REGISTER # 26 12/28/2010 PAYEE DESCRIPTION PAYROLL Pay period Start Date End Date Check Date 26 11/30/2010 11/29/2010 12/8/2010 1/1 CHK NO DATE AMOUNT A/P Total 0.00 1,163,063.38 GRAND TOTAL $ 1,163,063.38 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 1st, 2011 AGENDA ITEM NO. L4 EM TITLE: 'Warrant Register #27 for the period of 12/29/10 through 01/04/11 in the amount of $1,111,116.97 PREPARED BY: K. Apalategui DEPARTMENT: PHONE: 619-336-4331APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 12/29/10 through 01/04/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Black Rock Construction 239774 $ 94,206.38 Public Emp Ret System 239795 Explanation Concrete Improv Project $258,013.50 Service Period 12-10-4 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 $1,111,116.97 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rrant Register #27 1/2 WARRANT REGISTER # 27 1/4/2011 PAYEE DESCRIPTION CHK NO DATE AMOUNT ACEDO RETIREE HEALTH BENEFITS JAN'11 239725 113/11 ALLEN 160.00 RETIREE HEALTH BENEFITS JAN'11 239726 1/3/11 125.00 ANDERSON RETIREE HEALTH BENEFITS JAN'11 239727 1/3/11 110.00 BECK RETIREE HEALTH BENEFITS JAN'11 239728 1/3/11 140.00 BISHOP RETIREE HEALTH BENEFITS JAN'11 239729 1/3/11 BOYD 110.00 RETIREE HEALTH BENEFITS JAN't 1 239730 1/3/11 145.00 CONDON RETIREE HEALTH BENEFITS JAN'11 239731 1/3/11 CORPUZ 280.00 RETIREE HEALTH BENEFITS JAN'11 239732 1/3/11 140.00 DEFRATIS RETIREE HEALTH BENEFITS JAN'11 239733 1/3/11 DESROCHERS 1 RETIREE HEALTH BENEFITS JAN'11 239734 1/3/11 110.00 D.00 DICERCHIO RETIREE HEALTH BENEFITS JAN'11 239735 1/3/11 DREDGE 70.00 RETIREE HEALTH BENEFITS JAN'11 239736 1/3/11 250.00 EISER III RETIREE HEALTH BENEFITS JAN'11 239737 1/3/11 GELSKEY 250.00 RETIREE HEALTH BENEFITS JAN'11 239738 1/3/11 115.00 GIBBS JR RETIREE HEALTH BENEFITS JAN'11 239739 1/3/11 GOO 120.00 RETIREE HEALTH BENEFITS JAN'11 239740 1/3/11 165.00 HANSON RETIREE HEALTH BENEFITS JAN'11 239741 1/3/11 HOLLIS 135.00 RETIREE HEALTH BENEFITS JAN'11 239742 1/3/11 185.00 DLLOWAY RETIREE HEALTH BENEFITS JAN'11 239743 1/3/11 �MES 150.00 RETIREE HEALTH BENEFITS JAN'11 239744 1/3/11 140.00 JUNIEL RETIREE HEALTH BENEFITS JAN'11 239745 1/3/11 KIMBLE 50.00 RETIREE HEALTH BENEFITS JAN'11 239746 1/3/11 300.00 LANDA RETIREE HEALTH BENEFITS JAN'11 239747 1/3/11 MATIENZO 155.00 RETIREE HEALTH BENEFITS JAN'11 239748 1/3/11 100.00 MCCABE RETIREE HEALTH BENEFITS JAN'11 239749 1/3/11 MEDINA 280.00 RETIREE HEALTH BENEFITS JAN'11 239750 1/3/11 105.00 MURRAY RETIREE HEALTH BENEFITS JAN'11 239751 1/3/11 MYERS 150.00 RETIREE HEALTH BENEFITS JAN'11 239752 1/3/11 140.00 NOSAL RETIREMENT SETTLEMENT JAN'11 239753 1/3/11 1,098.64 OCHOA RETIREE HEALTH BENEFITS JAN'11 239754 1/3/11 PAUU 125.00 RETIREE HEALTH BENEFITS JAN'11 239755 1/3/11 340.00 POST RETIREE HEALTH BENEFITS JAN'11 239756 1/3/11 POTTER 280.00 RETIREE HEALTH BENEFITS JAN'11 239757 1/3/11 150.00 RAY RETIREE HEALTH BENEFITS JAN'11 239758 1/3/11 ROARK 190.00 RETIREE HEALTH BENEFITS JAN'11 239759 1/3/11 135.00 ROE RETIREE HEALTH BENEFITS JAN'11 239760 1/3/11 120.00 RUIZ RETIREE HEALTH BENEFITS JAN'11 239761 1/3/11 310.00 SHORT, CRAIG RETIREE HEALTH BENEFITS JAN'11 239762 1/3/11 300.00 STRASEN RETIREE HEALTH BENEFITS JAN'11 239763 1/3/11 135.00 TRIVIZ RETIREE HEALTH BENEFITS JAN'11 239764 1/3/11 135.00 URIAS RETIREE HEALTH BENEFITS JAN'll 239765 1/3/11 125.00 ZIETLOW RETIREE HEALTH BENEFITS JAN'11 239766 1/3/11 150.00 -'0,1 DIEGO COUNTY RECORDER RECONVEYANCE OF LOAN / CDC-1994-28 239767 1/4/11 39.00 I DIEGO COUNTY RECORDER RECONVEYANCE OF LOAN / CDC-1995-25 239768 1/4/11 39.00 DIEGO COUNTY RECORDER RECONVEYANCE OF LOAN / CDC-1993-19 239769 . 1/4/11 36.00 SDG&E GAS AND ELECTRIC UTILITIES / CDC 239770 1/4/11 286.46 SWEETWATER AUTHORITY WATER UTILITIES / CDC 239771 1/4/11 AFLAC 215.63 ACCOUNT BDM36 DEC 2010 239772 1/4/11 1,472.24 ANNETTE BARRON REFUND/BUILDING INSPECTION CHARGES 239773 1/4/11 228.50 PAYEE BLACK ROCK CONSTRUCTION CO. COMMUNITY YOUTH ATHLETIC CTR COOPER'S PLUMBING & HEATING COUNTY OF SAN DIEGO DAPPER TIRE COMPANY EFRAIN CARRILLO FRUTAS FUSCOE ENGINEERING, INC. HARRIS & ASSOCIATES INC HAWES INC HOME BUILDER JONES JUAN RAMIREZ JUAN RAMIREZ KAISER FOUNDATION HEALTH PLANS MILAN KISER MMM LIMITED PARTNERSHIP MMM LIMITED PARTNERSHIP MMM LIMITED PARTNERSHIP NAPA AUTO PARTS NATIONAL T 1 ORKIN PEST CONTROL PUBLIC EMP RETIREMENT SYSTEM RDWS LTD SAN DIEGO ELECTRIC SIGN SAN DIEGO PET & LAB SUPPLY SDG&E SOUTH BAY WINDOW & GLASS CO STAPLES ADVANTAGE SUPERIOR READY MIX THE LIGHTHOUSE INC TOM MOYNAHAN WALTER PATTERSON WEST PAYMENT CENTER SECTION 8 HAPS PAYMENTS WARRANT REGISTER # 27 1/4/2011 DESCRIPTION PROGRESS PAYMENT#2 CHAMPS FOR LIFE DIVERSION PROGRAM PLUMBING SERVICES, REPAIRS COUNTY HEALTH PERMIT/NUTRITION TIRES FOR CITY FLEET REFUND/ BUILDING INSPECTIONS REFUND/ BUILDING INPECTIONS ENGINEERING & ENVIRONMENTAL SERVICE: TRAFFIC DATA COLLECTION SERVICES REFUND/ BUILDING INSPECTIONS KITCHEN UTENSILS/FIRE STATION 31&34 REFUND/ BUILDING INSPECTIONS REFUND/ BUILDING INSPECTIONS RET INS -COBRA DEC 2010 REFUND/ BUILDING INSPECTIONS REFUND/ BUILDING INSPECTIONS REFUND / PERMIT # 10060023 REFUND / PERMIT #10110037 MOP 45735 SMALL TOOLS REFUND/ BUILDING INSPECTIONS BUILDINGS PEST MAINTENANCE SERVICE PERIOD 12-10-4 REFUND/ BUILDING INSPECTIONS REFUND/ BUILDING INSPECTIONS NUTRO/BALANCE FROM PREV INVOICE FACILITIES GAS & ELECTRIC WINDOW REPLACEMENT MOP# 45704. OFFICE SUPPLIES/MYR TACK OIL MOP 45726 AUTO PARTS MOP# 45734. TOW SERVICES/POLICE REFUND/ BUILDING INSPECTIONS CLEAR INVESTIGATIVE DATABASES/PD Start Date End Date 12/29/2010 1/4/2011 CHK NO DATE 239774 1/4/11 239775 1/4/11 239776 1/4/11 239777 1/4/11 239778 1/4/11 239779 1/4/11 239780 1/4/11 239781 1/4/11 239782 1/4/11 239783 1/4/11 239784 1/4/11 239785 1/4/11 239786 1/4/11 239787 1/4/11 239788 1/4/11 239789 1/4/11 239790 1/4/11 239791 1/4/11 239792 1/4/11 239793 1/4/11 239794 1/4/11 239795 1/4/11 239796 1/4/11 239797 1/4/11 239798 1/4/11 239799 1/4/11 239800 1/4/11 239801 1/4/11 239802 1/4/11 239803 1/4/11 239804 1/4/11 239805 1/4/11 239806 1/4/11 GRAND TOTAL 2/2 AMOUNT 94,206.38 2,500.00 225.00 250.00 287.97 184.02 1,553.20 263.86 6,521.00 46.98 148.80 31.60 30.60 2,602.14 184.02 2,187.15 1,043.00 18.21 410.41 4,540.44 373.33 258,013.50 2,250.40 302.60 36.22 48,052.02 986.80 95.04 106.30 274.92 135.00 184.02 428.00 A/P Total 438,683.40 672,433.57 $ 1,111,116.97 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 1, 2011 AGENDA ITEM NO. 'i75 M TITLE: Investment Report for quarter ended December 31, 2010. PREPARED BY: Jeanette Ladrido, CPA DEPARTMENT: PHONE: 619-336-4331' APPROVED BY: EXPLANATION: See attached report. e FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: 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 December 31, 2010. BOARD / COMMISSION RECOMMENDATION: N/A `TTACHMENTS: ackground/Investment Overview _.. ortfolio Summary — Quarter ended December 31, 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: V V V V V V 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 December 31, 2010 is summarized below and compared to the quarter ended December 31, 2009. POOLED INVESTMENT PORTFOLIO QUARTER ENDED AS OF 12/31/2010 12/31/2009 Par Value 41,721,649.71 42,317,063.94 Book Value (1) 41,721,399.71 42,316,738.94 Market Value (2) 41,754,909.89 42,443,832.99 (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 70.32% 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 December 31, 2010, LAIF's monthly average effective yield was 0.462%. The summary of the City's investment portfolio is illustrated in the following chart. SUMMARY OF INVESTMENT PORTFOLIO As of December 31, 2010 Investment Type INVESTMENTS HELD BY THE CITY YTM % of Book Value Market Value 365 Equiv. Portfolio LAIF Medium Term Notes Federal Agency Securities Certificates of Deposit Negotiable CD/CDARS Totals for December 2010 Totals for December 2009 Portfolio decrease from same quarter last year 29,336,649.71 500,000.00 9,489,750.00 395,000.00 2,000,000.00 29,379,520.03 513,820.00 9,466,102.40 395,467.46 2,000,000.00 0.462% 4.000% 2.129% 2.478% 2.750% 70.32% 1.20% 22.75% 0.95% 4.79% 41,721,399.71 41,754,909.89 1.012% 100.00% 42,316,738.94 -595,339.23 Negotiable Certificates of Deposit CD/CDARS 0.95% 4.79 /u Federal Agency Securities 22.75% Medium Term Notes 1.20% Investments Liquidity LAIF 70.32% 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 29, 336,649.71 0.00 2,395,000.00 9,989,750.00 70.32% 0.00% 5.74% 23.94% 41,721,399.71 100.00% Federal Agency Securities account for 22.75% of the investment portfolio. The average rate of return is 2.129% which is the average yield offered in the current market of Security Bonds with same terms. The City has 1.0% 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 2.478%. 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 4.79% 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 $41.7M investment portfolio. FUND EQUITY IN POOLED INVESTMENTS OTHER FUNDS, $12.5 GENERAL FUND, $5.9 SEWER SERVICE FUND, $11.8 SPECIAL REVENUE FUNDS, $1.2 INTERNAL SERVICE FUNDS, $10.3 Investments Certificates of Deposit • Monthly LAI F Medium Term Notes Federal Agency Securities CDARS Investments City of National City Portfolio Management Portfolio Summary December31, 2010 City of National City Par Market Book % of Days to YTM/C YTM'C Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. 395,000.00 395,467.46 395,000.00 0.95 731 104 2.444 2.478 29,336,649.71 29,379,520,03 29,336,649.71 70.32 1 1 0.456 0.462 500,000,00 513,820.00 500,000.00 1.20 1,462 410 3.945 4.000 9,490,000.00 9,466,102.40 9,489,750.00 22.75 1,826 196 2.100 2.129 2,000,000.00 2,000,000.00 2,000,000.00 4.79 728 68 2.712 2.750 41,721,649.71 41, 754,909.89 41,721,399.71 100.00% 475 54 0.998 1.012 Total Earnings Current Year Average Daily Balance tive Rate of urn Jeatte Ladrido, Finance Director December 31 Month Ending 35,607.54 42,431, 077.13 0.99% Reporting period 12101/2010.12/3112010 Run Date'. 01/18/2011 . 16:39 09/(i Fiscal Year To Date 237,231.57 46,144,190.55 1.02% Portfolio CNC CC PM (PRF_PM1) SyrrRept 6.41.2021) Report Ver, 5.00 CUSIP Investment # Certificates of Deposit - Monthly SYS11328 SYS11324 SYS11336 SYS11330 LAIF Issuer 11328 CIT Bank 11324 Discover Bank 11336 Tennesse Commerce Bank 11330 First Tuskegee Bank Subtotal and Average Average Balance 395,000.00 City of National City Portfolio Management Portfolio Details - Investments December 31, 2010 Purchase Date Par Value Market Value 04/08/2009 04/02/2009 04/28/2009 04/17/2009 98,000.00 99,000.00 99,000,00 99,000.00 395,000.00 98,467.46 99,000.00 99,000.00 99,000.00 395,467.46 Page 2 Stated YTM/C Days to Maturity Book Value Rate S&P 365 Maturity Date 98,000.00 99,000.00 99,000.00 99,000.00 395,000.00 2.350 2.510 2.650 2.400 300 226 143 2.350 2.510 2.650 2.400 97 04/08/2011 93 04/04/2011 117 04/28/2011 107 04/18/2011 98-37-576 11058 Medium Term Notes 36966RV94 11269 Local Agency Investment Fund Subtotal and Average 30,352,778.74 29,336,649.71 29,379,520.03 29,336,649,71 29, 379,520.03 29,336,649.71 0.462 29,336,649.71 2.478 104 0.462 Federal Agency Securities 3133XSZ43 3133713S3 3133712V7 3133713E4 313371N93 313371KF2 313371KJ4 3128X8N57 3128X92S8 3134G1RS5 3134G1RA4 3134G1YF5 3136FHJF3 3136FPAB3 31398A3S9 3136FPVC8 3136FPYS0 3136FPXD4 3136FP622 3136FPC70 3136FPA98 3136F82A2 Run Date: 01/18/2011 - 16,39 11318 11367 11368 11369 11373 11375 11376 11342 11354 11363 11364 11370 11329 11362 11366 11371 11372 11374 11377 11378 11379 11266 GEN ELEC CAP CRP Subtotal and Average 500,000.00 02/14/2008 500,000.00 500,000.00 513,820.00 513,820.00 Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Bank Federal Horne Loan Bark Federal Home Loan Bank Federal Home Loan Bank Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Home Loan Mrtgage Corp Federal Natl. Mortgage Assoc. Federal Natl. Mortgage Assoc. Federal Nail. Mortgage Assoc. Federal Natl. Mortgage Assoc. Federal Natl. Mortgage Assoc. Federal Natl. Mortgage Assoc. Federal Natl. Mortgage Assoc. Federal Natl. Mortgage Assoc. Federal Natl. Mortgage Assoc. Fannie Mae 02/18/2009 10/05/2010 10/05/2010 10/05/2010 11/23/2010 11/24/2010 11/24/2010 06/15/2009 04/15/2010 08/25/2010 08/25/2010 11/17/2010 04/21/2009 08/18/2010 09/30/2010 11/19,2010 11/23/2010 11/23/2010 11/30/2010 12/15/2010 12/15/2010 02/12/2008 250,000.00 500,000.00 500,000.00 500,000.00 250.000.00 250,000.00 250,000.00 240,000.00 250,000.00 500,000,00 500,000.00 500,000.00 250,000.00 500,000.00 500,000.00 500,000.00 500,000,00 250,000.00 500,000.00 500,000.00 500,000.00 250,000.00 250,517,50 491,090.00 495,965.00 496,855.00 241.182.50 243, 970.00 243,930.00 248,822.40 251,660.00 498,580,00 494,325.00 491,580.00 251, 035.00 494, 525.00 497,015,00 485,480.00 487,295.00 246,757.50 492,755.00 494,960.00 499,855.00 266,900.00 1 0.462 1 500,000.00 4.000 AA+ 4.000 410 02/15/2012 500,000.00 4.000 410 250,000.00 500,000.00 500,000.00 500,000.00 250,000.00 250,000.00 250,000.00 240,000.00 250,000.00 500,000.00 500,000.00 500,000.00 250,000.00 500,000.00 500,000.00 500,000.00 499,750.00 250,000.00 500,000.00 500,000.00 500,000.00 250,000.00 3.000 AAA 3.000 48 02/18/2014 2.000 AAA 2.000 4 10/05/2015 2.050 AAA 2.050 4 10/05/2015 2.000 AAA 2.000 94 10/05/2015 1.700 AAA 1.700 53 11/23/2015 1.050 AAA 1.050 54 11/24/2015 1.000 AAA 1.000 54 11/24/2015 3.000 AAA 3.000 534 06/18/2014 3.000 AAA 3.000 104 04/15/2015 2.000 AAA 2.000 55 08/25/2015 2.125 AAA 2.125 55 08/25/2015 1.750 AAA 1.750 47 11/17/2015 2.000 AAA 2.000 110 04/21/2014 2.000 AAA 2.000 48 08/18/2015 2.000 AAA 2.000 88 09/30/2015 1.250 AAA 1.250 138 11 /19/2015 1250 AAA 1.300 326 11/23/2015 1,000 AAA 1,000 326 11/23/2015 2.000 AAA 2.000 333 11/30/2015 2.000 AAA 2.000 165 12/15/2015 2.120 AAA 2.120 165 12/15/2015 4.000 AAA 4.000 773 02/12/2013 Portfolio CNC CC PM (PRF_PM2) SymRept 6.41.2026 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 68 03/10/2011 Subtotal and Average 2,000,000.00 2,000,000.00 2,000,000.00 2,000,000.00 2.750 68 City of National City Portfolio Management Portfolio Details - Investments December 31, 2010 Page 3 CUSIP Average Purchase Investment # Stated YTM1C Days to Maturity Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Federal Agency Securities 3136F82A2 C 11267 Fannie Mae 02/12/2008 500,000.00 533,705.00 500,000.00 4.000 AAA 4.000 773 02/12/2013 3136F9C07 11274 Fannie Mae 03/11/2008 250,000.00 267,342,50 250,000,00 4.000 AAA 4.000 800 03/11/2013 Subtotal and Average 9,183,298.39 9,490,000.00 9,466,102.40 9,489,750.00 2.129 196 Run Date: 01/18/2011 • 16,39 Total and Average 42,431,077.13 41,721,649.71 41,754,909.89 41,721,399.71 1.012 54 Portfolio CNC CC PM (PRF_PM215ymRept 6.41.202b City of National City Portfolio Management Interest Earnings Summary December 31, 2010 December 31 Month Ending Fiscal Year To Date Page 4 CD/Coupon/Discount Investments: Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Less Accrued Interest at Purchase During Period Interest Earned during Period Adjusted by Capital Gains or Losses Earnings during Periods ( ( 6,774.72 61,581.47 49,301.78) 0.00) 109,145.96 61,581.47 ( 53,158.60) ( 0.00) 19.054.41 117,568.83 0.00 250.00 19,054.41 117,818.83 Pass Through Securities: Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Less Accrued Interest at Purchase During Period Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods 0.00 0,00 0.00) 0.00) 0.00 0.00 0.00) 0.00) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Cash/Checking Accounts: Interest Collected 0.00 Plus Accrued Interest at End of Period 364,373.19 Less Accrued Interest at Beginning of Period ( 347,820.06) Interest Earned during Period 133,605.66 364,373.19 378,566.11) 16,553,13 119,412.74 Total Interest Earned during Period Total Capital Gains or Losses 35,607.54 236,981.57 0.00 250.00 Total Earnings during Period Run Date: 01/16/2011 - 16:39 35,607,54 237,231.57 Portfolio CNC CC PM (PRF_PM6) SyrnRept 6.41202b CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 1, 2011 AGENDA ITEM NO. 16 EM TITLE: Public Hearing — Conditional Use Permit for the expansion of an existing restaurant — Tita's II — and the modification of nonconforming alcohol sales at 3421 East Plaza Blvd. (Applicant Roger Speir) (Case File 2010-29 CUP)) /Y4-V PREPARED BY: Martin Reeder DEPARTMENT: Dev PHONE: 336-4313 APPROVED B EXPLANATION: The project site is an existing restaurant space located between two commercial centers at the east end of Plaza Blvd. between Olive Street and East 8th Street. The previous restaurant (Manila Tokyo) was issued a Department of Alcoholic Beverage Control permit in 1993. The applicant wishes to continue operation under the existing license, but wishes to expand the restaurant (Tita's II) and offer live entertainment, thus triggering the need for a Conditional Use Permit. The attached background report describes the project FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, DeLaPaz, Farias, Pruitt Nays: Flores, Reynolds ATTACHMENTS: Location Map Background report 3. Resolution No. 32-2010 4. Reduced Plans i IC -OS 728 0 CD 07 RS-2 1 801 • 811 819 • • 827 I 835 i 1 905 ! t 915 ii t 921 1 Q� ' CG-PD 927 i -H35 �� Ill 1 i 1 939 1 / 4.' / 1 4* ,/ so 0 (1) w 0 0 Easf8th Street 0 i i -- RS-2 0 0 CL-PD -H35 943 1 1 1 I i 3403 A7 moo RM-1-PD o' • 1 , 344o 3432 342o 901 ---- • \ 913 _, 4' + ', � �tx \i 5 11 925 1, 1 n I / `1 N i _ ii j ;` 937 \ — -- N CA • N. N. 82� 833 % 839 Subject Parcel Zone Boundary IFeet 85 170 340 APN: 069-1 1-005 Planning Commission Location Map 2010-29 CUP 1 1;1.4.4¢ BACKGROUND REPORT Site Characteristics The project site is an existing restaurant located between two commercial centers at the east end of Plaza Blvd. between Olive Street and East 8th Street; the building was constructed in 1975 as a produce market. Building plans on file show a total of 28 parking spaces on site dedicated to the business. The restaurant (Tita's II) applied for a business license in July of this year, although there has been a restaurant at this location for many years. The previous restaurant (Manila Tokyo) was issued an alcohol permit from the Department of Alcoholic Beverage Control (ABC) in 1993. The applicants have operated another business, Tita's Kitchenette, at 2720 Plaza Blvd for almost 20 years. The owners of Tita's restaurant were transferred the ABC license in September of this year. The Type 41 license (On -Sale Beer and Wine for Bona Fide Public Eating Place), is considered non -conforming as there is no Conditional Use Permit (CUP) on file for the property — the City's CUP requirement for alcohol sales was not instituted until 2003. The existing license has four conditions: • Entertainment shall not be audible outside of business premises; • No bar; • No alcohol sales between midnight and 6:00 a.m.; • Alcohol sales shall not exceed the sale of food. There is an existing non -permitted addition on the south side of the building. The addition expands the restaurant by approximately 299 square feet. Proposed Use The applicant wishes to continue to operate under a Type 41 license (no distilled spirits sales are being requested). However, the applicant is requesting to expand the restaurant including legalizing the non -permitted addition, adding a walk-in freezer, stage and DJ area, and two outdoor dining areas. No alcohol is proposed to be served outside. The original application included the addition of a bar; however, the applicant has since retracted that part of the request The restaurant operation proposal includes being open from 10:00 a.m. until 1:00 a.m. daily, with alcohol sales ceasing at midnight. From 10:00 a.m. until 5:00 p.m. the restaurant would provide short-order service; from 5:00 p.m. until 7:00 p. m. (happy hour) a buffet service would be provided; a set dinner menu would be offered from 7:00 p.m. until close. The restaurant also proposes to provide take-out and catering service. The restaurant would also offer entertainment, starting during happy hour and continuing until closing. The applicant has stated that entertainers may be solo or 2 in a group — focusing on local musicians but does not intend to have any concert events. They have also stated that soundproofing material has been installed in the building. Analysis Addition/Remodel As part of the new restaurant ownership, the applicants are remodeling the building by expanding the kitchen storages area (walk-in cooler), requesting the legalization of the non -permitted addition, adding two outdoor patio areas, with new awnings, and refinishing the outside walls. The walls of the building would be finished with stucco and repainted. A new awning is proposed for the main entrance and also above each of the patios. A low stone veneer wall is proposed around the outside seating areas. Although not part of the CUP application (no alcohol is proposed outside), the remodeling of the restaurant will improve the appearance of the business, bringing it more in line with the quality restaurant model the applicant is seeking to portray. Landscaping is a large part of the upgrade, with additional plants throughout the property frontages and adjacent to the building. There are already multiple palms and other trees along the Plaza Blvd. frontage. The proposed bar is approximately 15 feet long and has six seats at the service side of the bar. There are six more seats facing the main dining room in the same area. The whole bar area is approximately 109 square feet in size. The proposed stage is located along the south side of the building, the area of the non - permitted expansion. The stage would be 411 square feet in size. There is also a small DJ area in the dining room that is around 36 square feet in size. Parking Parking for restaurants is based on the amount of fixed seats and other areas where people may assemble. Plans show 36 fixed seats, 12 bar seats and 80 moveable seats (tables in the main dining area). The outside seating areas would be able to accommodate a further 58 seats. As mentioned above, plans on file show 28 existing parking spaces. The addition of a new walk-in freezer (158 square feet) and the legalization of the non - permitted (299 square feet) would not trigger additional parking spaces, as parking standards for restaurants are based on the number of seats. However, two additional parking spaces are to be provided — project plans show 30 spaces proposed. It should be noted that the layout of the parking lot is not completely per code. For example, the back up space for the spaces on the north side of the building is not the minimum 24 feet required. However, there is room to fit 30 spaces if the aforementioned spaces are changed to angled spaces. A Condition of Approval has been added to require a parking lot configuration consistent with The Land Use Code. The parking lot plan will be evaluated during the building 3 permit process. Outdoor seating areas have not historically required additional parking and have not been required to be parked in this case. Alcohol Chapter 18.71 of the National City Land Use Code allows for on -site alcohol sales with an approved Conditional Use Permit (CUP). Pursuant to Section 18.71.030, a community meeting was held Tuesday, November 9, 2010 at 6:00 p.m. at the Chamber of Commerce. The applicant states that all owners and occupants within 660 feet of the store were notified by mail of the meeting. A sign -in sheet and meeting minutes are attached. According to the sign -in sheet, nine persons attended the meeting, including three local residents, a representative from the National City Chamber of Commerce and the applicant(s). Community Meeting A community meeting was held, at which time questions were raised regarding previous noise issues, the type of clientele targeted and odors emanating from the business. The applicant provided a phone number to attendees in the event that noise became an issue; stated that they wished to provide an environment for both families and professionals; and also stated that a new kitchen hood was to be installed and the kitchen cleaned prior to opening to prevent cooking odors from proliferating. With regard to clientele, the applicant stated that they wanted to create an atmosphere where both families with children and people coming in to unwind would feel comfortable. They stated that alcohol and entertainment were intended to bring patrons in to purchase food, not the other way around. They do not want to run a 'dive bar'. In an effort to assuage concerns over a focus on alcohol sales, a Condition of Approval has been included to prohibit the sale of alcohol without the purchase of food. Furthermore, this is consistent with other recent approvals, such as Anthony's restaurant approved last month. Alcohol Sales Concentration Per California State Alcoholic Beverage Control (ABC), there are currently no on - sale permits issued in this census tract (119.02), where six are allowed. Given that there are no other such licenses and that this is an existing license, no over - concentration would result in the issuance of this CUP. Police Department comments The Police Department has objected to the issuance of a Conditional Use Permit for the addition of the bar and stage within the bar, stating that this would be more like a nightclub than a restaurant. They also suggest that the business conform to their existing ABC permit conditions as stated above. In their comments, PD states that there are currently 99 alcohol licenses issued in National City, or roughly 11.6 outlets per square mile. Furthermore, it was 4 stated that until the Police Department had the budget to deploy a dedicated unit to regulate these alcohol establishments, a moratorium on new alcohol CUPs should be considered_ Institute for Public Strategies comments Comments from the Institute for Public Strategies (IPS) indicated concerns over live entertainment encouraging the transition to a dancing venue, and no alcohol sales after midnight (addressed in Condition No. 8). Fire Department comments Comments were provided by the Fire Department related to the tenant improvements and construction activities. These comments are included as Conditions of Approval under "Fire". Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales (no sale of alcohol without food, annual reporting of food/alcohol sales). Conditions have also been included to prohibit the delivery or take-out of alcohol and to comply with Municipal Code noise limitations_ Planning Commission The Planning Commission conducted public hearings on November 22 and December 6, 2010. Four residents spoke on the item, three with concerns over noise and community impacts, and one in support of the proposal. Commissioners asked questions regarding conditions of approval and about the CUP revocation process. At the second meeting, the applicant stated that they were no longer going to install a bar as part of the project, would conduct a sound study and that no outside service would occur after 9:00 p.m. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. Staff was asked to report back to the Commission in one year on the status of business operations. Summary The sale of alcohol for on -site consumption at Tita's 11 will contribute to the viability of a restaurant, a permitted use within the Limited Commercial zone. Conditions of Approval for live entertainment and the sale of alcohol are intended to reduce the potential for adverse effects on area uses. Furthermore, the remodeling currently under way at the restaurant will help to create a new commercial draw to the area. Although the alcohol license exists, the addition of entertainment may change the dynamic of the clientele frequenting the business, potentially contributing to additional calls for police service. In addition, limited Police resources would make it difficult to ensure compliance with the increasing number of alcohol licenses citywide. 5 RESOLUTION NO. 32-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN EXISTING RESTAURANT AND THE MODIFICATION OF NONCONFORMING ALCOHOL SALES AT 3421 EAST PLAZA BLVD. CASE FILE NO. 2010-29 CUP APN: 669-101-05 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the expansion of an existing restaurant and the modification of nonconforming alcohol sales at 3421 East Plaza Blvd. at a duly advertised public hearings held on November 22, 2010 and December 6, 2010, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2010-29 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearings held on November 22, 2010 and December 6, 2010, support the following findings: That the site for the proposed use is adequate in size and shape, since an alcohol license has been associated with this property for some time, and the proposed entertainment would be an accessory use to the existing restaurant in an existing neighborhood commercial center and is not expected to significantly increase the demand for parking in the center. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since Plaza Blvd. is classified as an arterial street in the Circulation Element and the addition of accessory live entertainment is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be subject to conditions that restrict the hours 6 that alcohol will be available, require compliance with City noise standards and require the purchase of food with any alcohol purchase. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of a restaurant, an established and allowed use in the applicable commercial zone. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes live entertainment and the on -sale of beer and wine within a restaurant located at 3421 East Plaza Blvd. Consumption of alcoholic beverages and live entertainment shall be limited to an area in substantial conformance with Exhibit B, case file no. 2010-29 CUP, dated 10/28/2010. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specked in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Building 7_ Any plans submitted for improvements must comply with the current editions of the California Building Code, the California Mechanical Code, the Califomia Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Fire 8. Plans submitted for improvements must comply with the current editions of the CFC, NFPA, Title 19 and National City Municipal Codes. 9. The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no less than 20 feet wide, no less than 14 feet high and shall have an all weathered road with the ability to support 75 thousand pounds or greater. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. 10. The project shall be evaluated for sprinkler and fire alarm requirements. 11. A contractor license is required. Fire Protection Systems require a C-16 license and a Fire Alarm Systems require a C-10 license. The stamp shall be visible on all sets of plans. 12. Fire Sprinkler, Fire Alarm, Fire Protection Systems and Fire Underground plans are to be directly submitted to the National City Fire Department under separate permit for review and permitting. Fees along with 3 sets of plans including all "Cut Sheets and Calculations" shall be included upon submittal. Plan review shall be a 30 day plan review process or 21 working days. No over the counter plan reviews accomplished_ 13. Supervision (Fire Alarm) of sprinkler piping and fire detection devices shall be automatically supervised where more than 20 sprinklers are on the system. 14. Plans wilt not be reviewed until fees have been paid. Check is payable to the City of National City. 15. Upon submittal for permit, the following shall be included for underground: • Data sheet for Back -Flows • Data sheets for Private and Commercial Hydrants • Data sheets for Post Indicator Valves Information on required fire hydrants back -flow devices, etc; can be acquired from Sweetwater Authority. All pipe and their appliances, shall meet industry/code standards for under ground use. 16. Should any plan corrections be required, contractor must correct the plan and re- submit to the Fire Department for approval once again prior to installation_ 17. Once plans are approved, contact will be made with the contractor. Contractor will be required to retrieve the approved plan from the National City Fire Department. The contractor will be required to sign the permit and pick up the approved plans. Work may not commence prior to plan pick-up. 8 18.A rough inspection of all work is required prior to closure. All rough work shall be visible at time of inspection 19. A request for an inspection shall be made 48 hours in advance. Inspection shall be made once work is complete utilizing approved and stamped plans. Contractor shall be required to have the approved plans on site per code. 20.AII contractors shall possess a National City New Business License prior to Fire Department plan submittal. A copy of the New Business License will be required at time of plan submittal. 21. Exit signs shall be illuminated with green lettering per National City Ordinance requirements. 22. FDC caps to be Knox FDC Plugs. The application must be acquired from the National City Fire Department Administration offices. 23. If entrance/exit gates are used, gates shall be equipped with Knox Box and Emergency Strobes so as to provide emergency vehicle access and egress. A Knox Key Switch shall be required in conjunction with strobe for emergency access and shall be placed at front of property. Please contact the National City Fire Department for exact field location. 24. During construction, project shall strictly following Chapter 14 of the CFC edition "Fire Safety During Construction Alteration Or Demolition Of A Building"_ Planning 25. The sale of alcoholic beverages shall be limited to between the hours of 10:00 a.m. and 12:00 a.m. seven days a week. 26.AII persons who will be serving alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. Training shall include a component addressing domestic violence. 27. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. There shall be no excessive advertising and/or marketing that targets youth or holidays. 28. No alcoholic beverages shall be consumed outside of the interior restaurant dining area without modification of this Conditional Use Permit. 29. No alcoholic beverages shall be available with take out or delivery service. 30. No alcohol shall be available without the purchase of food. 31. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their 9 judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 32_ Permittee shall post signs, to be approved by the Planning Division, on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code_ Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot. NCMC 10.30.050 and 10.30.060." 33. Entertainment shall be limited to the days of Wednesday through Sunday and to the hours of 5:00 p.m. until midnight. 34.AII activities shall comply with Title 12 (Noise) of the National City Municipal Code at all times. 35. No public concert events are permitted as part of this permit. No advertisement targeted for a specific performer or event may be circulated outside of the restaurant and live entertainment shall be incidental to the restaurant use. 36. Service of the outside seating areas shall cease at 9:00 p.m. daily. Tables and chairs shall be stored or otherwise removed from service. 37. A sound study shall be commissioned by the applicant to ensure that live entertainment complies with Title 12 (Noise) of the National City Municipal Code. Results shall be provided to the Development Services Department and verified prior to any live entertainment being offered. 38. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Division prior to issuance of building permits. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation. 39. All plans submitted for approval shall reflect a parking lot configuration that is consistent with Land Use Code section 18.58 — Off -Street Parking and Loading. Police 40. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. 10 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meetings held on November 22, 2010 and December 6, 2010, by the following vote: AYES: DeLaPaz, Farias, Alvarado, Baca, Pruitt NAYS: Reynolds, Flores ABSENT: ABSTAIN: CHAIRPE ON 11 J=� AI ///// L xi L�- `fit=�� n V hN�O°51 A°usl-i2 vwx5m �r,l 1.u> I[ t 3) 4 U r=» Ir7r In — • n. • l� 5 d. !SI at I / / ,I! ( Y EXISTING SITE PLAN PROJECT INFORMATION PROJECT LQOA NI BBVI a P1.u. BBUSS,40 Nmew ore ra ufee Mx: WORM SCOPE S IRD,im wiu CONSIST 0: u' ixlP CAG1E A BAR .we . wkMNSO LAWS or ra (L PROJECT OA'x B 10 PROST, lWs znl SPUME NOsSOE. .MxwB _ocs.,330.31COmslEPC. ZOxS _ C sw:m+l sown _0xs-BIOM1 _ne gp1u0 ADP+gN 2 ,vev Sr W9AVa PARKWAY Nit, 3, BI tatµ, .12 SS SO! COARASS, 1.BF UL• WxMxrlM• 1rv5. MONO ♦MMP/ ICerA (, BI eisistv..MA ,poor r1.221MB. r•cr 1N O-,▪ BOOA,AMA.• R . B AA, �FI Irl 5. IBB LEGEND • SITE mark EOxS.FOrn x ET T I!/ PFws W,l w '>7 AxBnae� I.i WAILS Bo1 �EVdi I M- P3010 Tsx, NR , O CO O cB u� .nwRI SO oc-e rw ••111IxB xnP.la GMle VIMR (q�AC-.Cf. 1OI j wx °xix0 (1=1. 1. I, avu.:C1 care r0. (x; ltiooBn` B1DwvNw"ixu 101 AN, ...VMS (3, AO.. r°ll.An eMxtS r, �ww.%�am :oBBo 1° Ix( cnwoA 1C�Y n.OHA•.� ru*MAE L1a cr) a1 LLLL el L'gnmwy Ne +'lu o:. m: EXHIBIT B CASE FILE NO, 2010.2B CUP DATE: 10/28/201 O SIGN . z . I.t CAMILLE ee•, 010.04 • TITA E 00.213.10 x.oe,e Te / \ o` lu EXISTING and PROPOSED SITE PLAN Al .1 (N) SARA AE PROPOS- ED FLOOR PLAN 1 LEGEND• CONSTRUCTION / ewjtt EDxemuc➢ar XOrte Ewe awn a.a(E1 6i n ,xn.0 txl +/e• * r,. nmsx EO1 4 •n ivaMSrI7101;47 . e°NDE n'-n• x 0.00,0 t E xo 9N�XO 1! fox / NO.z MFE Duo M WAN, %7.4.1w. m n nr 9N5Ee .uvrt. n5M: 0 e/r ^r.E r Ore Am, ./ IYf X2.e"v¢:$0 ie°E"vxix°0010;u tw.i°"' 10E 0010M1 1/ -wa0 n s . 0 .00r 201 G00 6NE$ • $0. 00 ,D.0) N A/n 1nne0.F 1swim 000 '4K. S)/e' MC 0 001..0. v� 1•0 n�u1�N p[DV Lr rNRO (5 MUCH arE` t0NDM,DE •E.XDve[ $001 -3/0' NE SND0 0 IrD:./ 010* 01 SVC 10R NN. NN0 CW"""..""ESE un.NMN. .�•�l Y.1 e. WE WO 500010.11 NrtNcxN[Nn ./ t M le aw • [Oaf 1s• x .x StE Ir 8I881 1Ns n rro •r .•r M vei _ - `4 ;h of OVISOM1VI NwDWA wE NO Ai4 ENV INn• e e.f:`vv `BI )i."ie i0/3) 321 oc�x SE( 00101 '/N9•i 0. 0000 „• Srt DCWu f1Vu.l CON !.r D. CAMILLE 10.04 . TITA 09.28.10 o g/ \ D.em wr .m..ma d n m A u L 'l Q PROPOSED a FLOOR -a__ PLAN f - 1/ / - U 'A2.1 z REFLECTED CEILING LEGEND swL, .nos. ammo" .oroi:"{�eo r.wn�- a�seeocs EXTERIOR ELEVATION LEGEND jan.�so ,u�wae"s. roeo PROPOSED PATIO AWNING PLA TITI - TITA X PROPOSED ENTRY ELEVATION A.c: v; . 0 0 N. 00 M1CT OUPUCATE, EYLiPGE OR REPR CAMILLE 10,04 • TITA OS.28.10 / \ IC.Rb.R :UP POUOMTµ 8PROPOSEd PATIO AWNING PLAN g AND EXTERIOR ELEVATION A3.1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 1, 2011 AGENDA ITEM NO. 17 EM TITLE: A Request for an additional extension to May 9, 2011, the 40-day period for initiation of a Street Vacation, to vacate portions of D Avenue south of 31st Street and 32nd Street east of D Avenue, to March 9, 2011 (Applicant: Sudberry Properties, Inc.) (Case File No. 2008-37 SC). PREPARED BY: Martin Reeder DEPARTMENT: DeveJrt�iJ,S� /Planning. PHONE: 619-336-4313 APPROVED BY - As you may remember, the Council initiated this street vacation at the November 9, 2010 City Council meeting and extended the initiation for an additional 40 days at the December 7, 2010 meeting. The current 40 day period ended on January 28, 2011. The proposed street vacation was in conjunction with a pending shopping center development, and involved vacating portions of D Avenue south of 31st St. and E. 32nd St. east side of D Avenue. Due to ongoing negotiations between the developer, property owner and the potential main tenant, the applicant had asked for continuances of the item with the Planning Commission, the latest of which continued the item to the February 7, 2011 meeting. The City's Street Vacation Procedures require that once the City Council has initiated a street vacation, the Planning Commission must find the request in conformance with the General Plan within 40 days. The applicant has indicated that wish to move forward with the item at the February 7, 2011 Planning Commission hearing, refore the street vacation initiation will need to be extended one more time so that the Commission may ermine General Plan conformance. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff recommends the Council extend the Street Vacation initiation period for an additional 40 days to March 9, 2011. 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 Related Cases Fee $ 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. 1 Please consider my reque-st for the vaeat'on of ~ . D I EV E, AIL 7�ab I� 1 Ale located between '(j(ji lb(, C 11 }l L,'J (tj, eiq , �► LAND 6\, and as more particularly shown and described on drawing of area to be vacated, prepared by erivIR(E 14; j }, dated e " 1 1 r (7) , an original and 20 copies of which are attached hereto. REASQN FOR REQUEST (Attach additional pages if insufficient space below) ' 2)12 T. is A r Qi t gm—e" 'tl7 Alt,, 5F\ M Nee'VEP MD t),ZS lam✓ 4 P.P 60 ;t j - ' oft' 4V1 c-c 10 '-fre off \gC, Sv=tip 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 of 2 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 Clifofrtnj 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: Joanne B: Derr. President Address: P.O. Box 304 Spring Valley, CA 91976 Phone No. (619) 472-0120 Fax No. (619) 472 - 1435 Date: Pi,.'; / 07 APPLICANT Name: NCSDI No. 1, LLC a California limited liability company By: Sudberry Development, Inc., a California corporation Its: 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: Y /c? / Cj 2 0 NOT TO SCALE stake Route 54 National City Chula Vista Project Boundary City Boundary Area to be Vacated CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 1, 2011 AGENDA ITEM NO. 18 M TITLE: Request from County Employee's Charitable Organization to use Kimball Senior Center on 3/23/11 from 6a-10a for their CECO Awards Breakfast for approximately 100 attendees. Applicant has submitted partial payment, and is requesting full/partial waiver of fees. PREPARED BY: Brenda E. Hodges PHONE: X4290 EXPLANATION: See attached DEPARTMENT: APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. n/a. ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Authorize use of Kimball Senior Center based on revised fees. Recommending no waiver of fees. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: Ilanation (1 page) Use Application/Insurance Explanation The applicant estimated their own fees, and submitted the application with a check for $281.44 (facility rental fees only). We calculated the actual fees and reviewed with applicant. Based on their particular circumstances, we made some revisions to try to lower them**. Meanwhile, another representative from CECO approached City Manager's Office requesting a waiver of fees. Total fees amount to: Actual Revised ** Use of Kimball Sr Ctr: $281.44 $281.44 Bldg Use Fee: $50.00 waived Custodial: $88.00 waived Set Up/CleanUp: $44.00 $44.00 Chairs: $96.00 $96.00 Tables: $16.00 $16.00 Total: $575.44 $437.44 A $100 cleaning deposit will also be required. Chairs are not normally set up in Kimball Senior Center on Wednesdays. Therefore Public Works would be required to set them up and take them down for this event. Set Up fees are based on regular hourly rates (not overtime) since Public Works janitorial staff is already on duty at this facility at 6am. Custodial fees have already been waived. Applicant would be required to clean all tables, floors and kitchen area, or forfeit the cleaning deposit. Council has the option of 1) charging actual fees of $575.44, 2) charging revised fees of $437.44, 3) revising the fees further, or 4) waiving all fees/deposits. If Council chooses to waive all fees, the check for $281 will be returned to applicant. This request is in compliance with Policy 803 governing the use of Kimball Senior Center. City of National City Facility Use Application 140 E. 12th Street, Ste. B National City, CA 91950 (619)336-4290 Fax (619)336-4292 After hours dispatch: (619)336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of City Facility attend The City Council meeting when the item is scheduled for consideration in order to answer any questions from The City Council Facility Requested: please circle �" 1 yN.Abcal DEC 0 9 2010 Sew I r Ce -r Martin Luther King Jr. Building ;QMMUNITY SERVICES DEP Granger -Music _ Hall __ — — --- North Room South Room Entire FaciNATlONAL CITY, CA Date(s) of Use: - 23 r / Day(s) of Use: Time of Use: From: 6 ' D,0 69/PM To: /D ' d0 1/1%D/4,soAy M - INCLUDE SET-UP & CLEAN UP TIME Type of Function/Activity: f.64-i 5 8.e64 /t5T Is the event open to the public? Aio CouArey e/f q/0-cr-hvsu ner.ibviz.9-770AJ Name & Address of Organization/Group: /(o v ,' ' .'C /V/'✓' 3-41-,v 0/E6c c4 Non- profit organization: Anticipated Maximum Attendance: 90--/DO Will Admission be charged? YES Amount $ Equipment Requested: / e # of chairs YE-5 Podium/Microphone No Tax ID it Percentage of National City Residents Will this be a Fund Raising Event? 11%D /& # of banquet tables Stage **PLEASE ATTACH SEATING DIAGRAM** Use of Kitchen: Yes ✓ No Use of Gas for Range and Oven: Is the Use of Alcohol Requested? /VD Will other paid services be used (I. e, commercial caterer, DJ, Band, etc)? ✓ Name: _7���¢ly Yes Yes ✓ No Phone: I - 67) -1p3'J Phone: No 1,v/.4-rei s ivu rai elivQ CF-.//TT A How many times in the last twelve months have you requested to use a City Facility? It is expressly understood and agreed that the applicant assumes all risk for loss, damage, Liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in considerations of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organizations. Further, I agree to be personally responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Application recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to sections 107 and 107.6 of the revenue and taxation code against applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/ GROUP TO CONFORM TO ALL OF ITS PROVISION. DATE COMPLETED: //" — /O PRINT NAME: i/219Gy )' /fr7 /Af SIGNATURE: ADDRESS OF APPLICANT: /600 /04e/C/C HWY RM Z-OR CITY, STATE, AND ZIP CODE: FAN- b//'yn 9 / PHONE: DAY 51t5— , 390 FAX NUMBER: ,r0 ro 9`f- Z36 9 CONTACT PERSON ON THE DAY OF THE EVENT: /4AG/ /) .77X/n/5 PHONE: ( ) CELL: ( ) 157-4,g8—'/%740 HAVE YOUR COPY OF APPLICATION IN POSSESION DURING USE Please type or print clearly with a Ballpoint pen. Complete application must be submitted and payment submitted in advanced of the event. Rental Amount Received: Deposit Amount: Deposit/ Key Returned: Check Key issued: YES NO Community Services Staff Only - Receipt Number: CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Person requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which include the city, its officials, agents and employees named as additional insured and to sign the hold harmless agreement. Certificate of Insurance must be attached to this permit. �t 2 5C- M/ b/ O o /77/ Organization: !OUA/Ty EA-/P/�y 5 /2/i'84.6- d�6✓��/Z/9T70/�% Person in charge of activity: /.tif°c y Address: /, Ot) /4i1-6l//C f/h/y R A/.ZO 9, &EGO / f5g 575-1v390 (►v') Telephone: e'S8 6ff- 9'77o CO E-Mail: /,Live WWTxr r5@JOCouNTY. dr4 .Gov City Facilities and/ or property requested: /C/ty5�-L ,fi- 2 ,e_ e AtreR Date(s) of use: /114ge/, 2 .2o// HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities On public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death, or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out or related to the use of public property or the activity taken under the permit by the permit or its agents, employees or contractors. Date Certificate of Insurance Approved by Name and Title County of San Diego CARLOS G. ARAUZ, IPMA-cP DEPARTMENT OF HUMAN RESOURCES DIRECTOR 444 WEST BEECH STREET, en FLOOR, SAN DIEGO, CALIFORNIA 92101-2942 STATEMENT OF COVERAGE (619) 578-5786 FAX (619) 578-5756 It is hereby certified that the County of San Diego is self -insured for Commercial General Liability, Commercial Auto Liability and Worker's Compensation. Claims are processed and administered in accordance with the California Government Code and California Labor Code. This statement is issued at the request of the person or organization named below as a matter of information only and confers no rights upon the holder of the Statement. This Statement does not amend, extend or alter the self -funded program of the County of San Diego. City of National City Community Services Department 140 East 12th Street, Suite A National City, CA 91950 This statement is issued as respects: Use of facilities on March 23, 2011 by the San Diego County Employees Charitable Organization (CECO). This Statement is not valid unless signed by an authorized representative of the County of San Diego. November 12, 2010 66dieacadfiip653,6 Cassandra A. Tena Human Resources Analyst Risk Management Division For information regarding above, please contact the Risk Management Division at (619)578-5786. Winner 1PMA-HR Large Agency Award for Excellence Winner SD SHRM Workplace Excellence Award 6 Safety/ Security Please describe your procedures for crowd control and internal security: /qU -77P fr/91=/= 1 ✓/GL f3f= ,A/ 777:A/ .4Nek" l D f47,9 L,,ee?7 A5/7z)e5 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: Monitoring Alcohol Consumption Please describe your producers for monitoring alcohol consumption: No AIL& //oi. WLLG SE pilE.SfT Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must also he 21 years of age or older. Name: Contact phone number the day of event: 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: ees and Costs: V/b i\ SUMMARY OF CHARGES � Service Clubs: $100/month Other Organizations: see prices below Martin Luther King Jr. Community Center Activity South Room North Room Entire Hall Dining: 0-73 $23.45/hr 0-149 $70.36/hr 150-221 $87.95/hr 222-294 Dance/ Assembl : 0-100 $23.45/hr 101-157 $29.32/hr 158-300 $70.36/hr 301-472 $87.95/hr 473-630 $117.26/hr $117.26/hr Casa de Salud, El Toyon Recreation, Camacho Recreation & Kimball Recreation Center $23.45/hr *Please note Camacho Gym falls under 801 Policy Fee Kimball Senior Center 0-149 $70.36/hr �. 151-221 $87.97/hr Kitchen: $10.00/hr $50.00 Minimum — (only to be used in conjunction with the use of the hall) $60.00 Kitchen Deposit — (required, can not be waived, and refundable upon approval from Public Works staff) $22.00/hr. during working hours and $35.00/hr. for overtime hours hrs Total$ .2 8/ • '74/ Custodial charge shall be charges for set up, clean up and duration of event based on the events' estimated attendance as follows: 1-100 person lhr. set up and lhr. clean up 101-157 2hr. set up and 2hr. clean up 158-300 3hr. set up and 3hr. clean up 301-472 4hr. set up and 4hr. clean up 473-630 5hr. set up and 5hr. clean up **PLEASE NOTE: ADDITIONAL CHARGE FOR TABLES AND CHAIRS S1.00 PER TABLE, $.75 PER CHAIR** County of San Diego CARLOS G. ARAOX, IPmA-cP DEPARTMENT OF HUMAN RESOURCES DIRECTOR 444 WEST BEECH STREET, 5F5 FLOOR. SAN OIEGO, CALIFORNIA 92105-2942 FAX (Gig) 578-5756 STATEMENT OF COVERAGE (519)579.S7EE It is hereby certified that the County of San Diego is self -insured for Commercial General Liability, Commercial Auto Liability and Worker's Compensation. Claims are processed and administered in accordance with the California Government Code and California Labor Code. This statement is issued at the request of the person or organization named below as a matter of information only and confers no rights upon the holder of the Statement_ This Statement does not amend, extend or alter the self -funded program of the County of San Diego. City of National City Community Services Department 140 East 12"' Street, Suite A National City, CA 91950 This statement is issued as respects: Use of facilities on March 23, 2011 by the San Diego County Employees Charitable Organization (CECO). This Statement is not valid unless signed by an authorized representative of the County of San Diego November 12, 2010 Cassandra A. Tena Human Resources Analyst Risk Management Division For information regarding above, please contact the Risk Management Division at (619)578-5786. Winner 1PMA-HR urge Agency Award for Excellence Winner SD SHRM Workplace Excellence Award C DEC-07-2010 13:43 CUSD GENERAL SERVICES Jz., 7-7-s7VW dJd ti7,1 AlAci4 ELz7LA hz/ n /0 Do cr.!. _ I ) THAL P.03 FUP FEE WORKSHEET ) .'e •'t (MLK, RECS, KSC/CASA, NUTRITION) l Event/Group Name: CECO Awards Banquet (Co. Employee Charitable Org. CountySD Date(s) Rgst'd: Wed 3/23/2011 Time of Event: 6am-10am # Hours: 4 # People: 100 Frequency: One Time: XXX ShortTerm: On -Going: 1 Council Date: n/a RENTAL RATES Hourly Rates Total MLK (for dining) People South North Entire Qty Charge Notes 0-73 $23.45 n/a n/a $0.00 73-149 n/a $70.36 n/a $0.00 150-221 n!a $87.97 n/a $0.00 222-294 n/a n/a $117.26 $0.00 MLK (dance/assembly) 0-100 $23.45 n/a n/a $0.00 101-157 $29.32 n/a n/a $0.00 158-300 n/a $70.36 n/a $0.00 301-472 n/a $87.95 n/a $0.00 472-630 n/a n/a $117.26 $0.00 Rec. Centers & Casa varies --- ---$23.45 ' • 11 Kimball Senior Center 0-149 - $70.36 $281.44 Value of check they submitted 1 '� 11 11 �per 1 11 • 1 11 ClubsService • • per hour• • $0.00 KITCHEN 1 $0.00 FAC/BLDG USE FEE 1 11 $0.00 waived Duration $22/hr reg, • ', $22.00 - 2 $0.00 waived Setup/Cleanup time $22/hr reg, or $35/hr OT $22.00 $44.00 1-100(2hr), 101-157(4hr), 158-300(6hr), 301-472(8hr), 473-630(10hr) CSD STAFF(Dep/CSD) $11.00 per hour Hours: $0.00 EQUIP: chairs: $0.75 each Qty: 128 $96.00 tables: $1.00 each Qty: 16 $16.00 TOTAL FEES $437.44 ` DEPOSITS Kitchen: $60.00 Refundable $0.00 Cleaning $100.00 Refundable 1 $100.00 Key Deposit $100.00- Refundable $0.00 Total Deposits: $100.00 ACCOUNTING: $393.44 001-41000-3572 $44.00 626-422-223-102 $0.00 001-441-000-100 1- 1 $437.44 Fees/Council Date . ewed/confirmed with: I( Date: t kg 11 >r only. so PW Notes: ' i va---e-ityv( for $281.44 with application. This covers room rental I waived fee, Chairs are not normally set up on Wed, t PW is already there in the would have to set up/tear down. Applicant submitted check morning to let them in so County of San Diego: County Employees' Charitable Organization Page 1 of 1 Your County Government Community Services County Employees' Charitable Organization (CECO) Home About Us Apply for a Grant Employee Crisis Fund Get Involved Grant Recipients Frequently Asked Questions (FAOs) Contact Us County Departments Healthy Kids & Families Business Resources Environment Public Safety County Employees' Charitable Organization The San Diego County Employees' Charitable Organization (CECO) is a non-profit, employee -managed organization that gives 100 percent of the donations given by employees and retirees of County of San Diego and Superior Court, to local non-profit agencies and employees in crisis. Since its founding in 1956, CECO has distributed millions of dollars in the San Diego County community. With over 50 years of giving, CECO is proud to be a part of the American tradition of giving. CECO NEWS & UPDATES: • The 2011 CECO Grant Application Period closed as of December 3rd, 2010, 5:00 p.m. • The 2010 County of San Diego Annual CECO & United Way/CHAD Campaign ended as of November 30th, 2010. Thanks to everyone who supported this campaign. Please contact your CECO Department Representative or sdcecoftsdcounty.ca.gov if you have any questions. 1J Ar.c ssibility Policy I Web & Privacy Policies I He1P I Jobs Printer Friendly k'i A Visitina San Dieao http://www.sdcounty.ca.gov/ceco/index.html 1/24/2011 County of San Diego: About Us Page 1 of 2 About Us San Diego County Employees' Charitable Organization's (CECO) Purpose... a. To stimulate among the employees and retirees of the County of San Diego and Superior Court an interest and concern towards the health, recreation, and human care needs of the people of San Diego. b. To encourage generous support of organized community campaigns for established health, recreation, and human care service organizations. c. To collect monies for distribution to established health, recreation and human care service organizations. Bylaws (last revised August 2009.) Bylaws History of Amendments (last revised August 2009) CECO Board of Directors & Executive Committee CECO's Board of Directors consists of representatives from County departments and Superior Court. A majority vote of the Board of Directors is required for the performance of any official act. The Board of Directors elects the Executive Committee from among its members. The Executive Committee is responsible for the operations and management of CECO. The Executive Committee is led by the Executive Officers: President Dennis Gibson Vice President Mavette Sadile Secretary Marianne Sterna Treasurer Ola Chhim-Hoggatt Department Representatives Roster / Executive Committee Roster How are we funded? CECO is funded by the generosity of the employees and retirees of County of San Diego and Superior Court. Contributions are entirely voluntary and are in the form of biweekly donations (via automatic payroll deduction) and one-time donations. Donations to local non-profit organizations are made in the name of County of San Diego and Superior Court employees/retirees, as our way of showing the San Diego community that we go above and beyond everyday to make this county a better place for all. How are funds allocated? CECO supports local agencies by way of grants. The Allocation Committee reviews all grant applications and recommends to the Board of Directors Normal View httn://www.cdcountv.ca.goviceco/aboutus.html 1.3 1/24/2011 County of San Diego: About Us Page 2 of 2 organizations to be supported and how funds should be distributed. The Board of Directors must approve fund allocations for the disbursement of funds. http://www.sdcounty.ca.gov/ceco/aboutus.html 1/24/2011 "LEND A HAND" San Diego CountyEmployees Charitable Organization 1600 PACIFIC HIGHWAY Room 209, SAN DIEGO, CA 92101-www.sdceco.orq 2010 Final Allocations Total: $227,739.92 On Thursday, February 24, 2010, the San Diego County Employees' Charitable Organization (CECO) Board of Directors voted to award funds to the following community organizations. No. 1 Agency Name 1420 Charitable Org. Inc. (TACO) Purpose of Grant Proposed Funding $4,595.36 1 refrigerator/freezer 2 Alzheimer's Association San Diego 25 chairs $2,561.75 3 Aseltine School Shoes, clothes, eyeglasses $600.00 4 Aseltine School Food supplies $1,000.00 5 Auntie Helen's Fluff 'n Fold 1 hot water heater $1,500.00 6 Blooms from the Heart Supplies — snaps, bottles, rose stripper, stem cutter $216.00 7 Boys.& Girls Club of Inland County Educational games and support materials $3,000.00 8 Burn Institute 6 total contact burn masks $9,600.00 9 Catholic Charities Sofas, loveseats, towels, and bedding $2,259.99 10 CECO - Employee Crisis Fund To assist County of San Diego and Superior Court employees and retirees experiencing a one-time financial crisis $50,000.00 11 Center for Community Solutions Beds, mattresses $3,632.29 12 Chaldean and Middle Eastern Social Services Office equipment to serve clients $1,447.71 13 Children's Dental Health Association of San Diego 1LED light $1,124.99 14 Chula Vista Community Collaborative 1 copier machine $2,500.00 15 Chula Vista Veteran's Home Support Foundation 1 wall pulley system for rehabilitation $2,000.00 16 Coalition of Neighborhood Councils Computers, software $3,775.00 17 Community Campership Council, Inc. 1 printer $2,121.00 18 Community Housing Works 56 chairs, 1 bookshelf $1,483.20 19 Consensus Organizing Center 50 graduation bags $300.00 20 CRASH, Inc. 1 chest freezer $433.00 21 CRASH, Inc. Vinyl flooring $2,583.00 22 'Crossroads Foundation 2 printers $400.00 23 Developmental Services Continuum, Inc. 10 chairs, 1 dining table $2,195.39 24 Disabled Services Advisory Council, Inc. Arts and craft supplies, snacks $1,000.00 25 Fallbrook Family Health Center 50 eye glass frames, 50 eye glass cases, 50 pairs of lenses $2,645.00 26 Grossmont Hospital Foundation 1 phototherapy light unit $3,795.00 27 Home Start, Inc. Baby products, personal hygiene products, food supplies $2,709.00 28 Horn of Africa Community Flooring $7,000.00 Page 1 of 3 — 02/24/10 "LEND A NAND" San Diego County Employees` Charitable Organization 1600 PACIFIC HIGHWAY Room 209, SAN DIEGO, CA 92101 - www.sdceco.orq No. Agency Name Purpose of Grant Boarding for 1 horse Proposed Funding $3,240.00 29 Horsemanship for the Handicapped 30 ITNSanDiego 15% matching funds for automobile $3,300.00 31 Jewish Family Services of San Diego 4 medical alert systems $2,400.00 32 Jewish Family Services of San Diego 1 laptop $1,657.50 33 Kalusugan Community Services 2 blood pressure stethoscopes, 1 weight scale J $520.00 34 Kids on the Block of San Diego 2 puppets $1,800.00 35 La Maestra Family Clinic 5 curing light systems $3,791.87 36 La Mesa Park & Recreation Foundation Sports equipment, craft supplies $700.00 37 Lawrence Family Jewish Community Center 1 computer $1,080.00 38 LightBridge Hospice & Palliative Care Community Foundation 10 !pod shuffles, 10 portable speakers $1,042.00 39 Los Bilingual Writers, Inc. 1 computer, llaser printer $1,098.00 40 MAAC Project Head Start Food supplies, emergency medical prescriptions $750.00 41 Mama's Kitchen Food supplies, meal containers $5,000.00 42 Meals -on -Wheels Greater San Diego, Inc. 8 GPS systems $2,400.00 43 Mental Health Systems, Inc. Supplies for glasses -vision program $2,500.00 44 Musicians for Education, Inc. Production and printing costs $1,000.00 45 NAMI San Diego Outreach cards $360.00 46 NC Interfaith Council 102 grab bars $1,565.84 47 NC Interfaith Council Food supplies $2,500.00 48 Neighborhood Healthcare 1 x-ray machine $3,526.00 49 Nile Sisters Development Initiative 1 computer, office furniture $3,190.00 50 OASIS North County Playground equipment, snacks for 8 weeks $640.00 51 Paradise Community Services 1 printer, llaptop $1,200.00 52 Parkinson's Disease Assoc. of SD Respite care $3,300.00 53 Peninsula Sheperd Center 1 printer $499.99 54 Pregnancy Resource Center Computer, software $1,712.00 55 Rady Children's Hospital, Anderson center Toothbrushes, terostonia $1,877.00 56 Rancho SD Music Foundation 1 bass drum $1,651.99 57 Reach Out and Read SD Books $3,000.00 58 Rebuilding Together SD 5 ladders $2,082.59 59 Renewing Life, Inc. 1 computer $449.99 60 Rolling Readers USA, Inc. Books $930.14 61 San Diego Youth Services Food for 6 months $3,000.00 62 San Diego Youth Services Food supplies $1,000.00 63 SD Family Care, Linda Vista Health Care Center Prescription medication for uninsured children $7,000.00 64 SD Freedom Ranch, Inc. 20 twin mattresses, 20 mattress pads, 20 $3,659.97 Co Page 2 of 3 - 02/24/10 San Diego Count Employees' Charitable Organization 1600 PACIFIC HIGHWAY Room 209, SAN DIEGO, CA 92101 — www.sdceco.orq "LEND A HAND" No. Agency Name Purpose of Grant pillows, 20 pillow covers Proposed Funding 65 SD Hospice & The Institute for Palliative Medicine Art supplies $2,660.00 66 Silver Age Yoga Community Outreach 1 copier $3,000.00 67 Special Delivery SD Food supplies $4,500.00 68 St. Madeleine Sophie's Center Arts and craft supplies $1,750.00 69 St. Vincent de Paul Village, Inc. Insulin $5,000.00 70 Star/Pal Sports Training Art supplies $400.00 71 Survivors of Torture, Intl. 1 computer network server $3,995.00 72 The Crime Victims' Fund Printing of brochures $1,020.00 73 The Elizabeth Hospice Grief counseling workbooks $1,000.00 74 Toussaint Youth Villages, Inc. Laptops, software $5,222.36 75 Volunteer San Diego 5 chairs, 1 computer $800.00 76 YMCA of SD County Workbooks $1,685.00 77 YWCA of 5D county 5 refrigerators, 5 dishwashers $4,805.00 Total Number of Agencies: 71 Total Number of Programs: 76 (excluding CECO Employee Crisis Fund) TOTAL: $227, 739.92 Page 3 of 3 — 02/24/10 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: "February 1, 2011'. AGENDA ITEM NO.19 ;M TITLE: Request for City Council Member Appointment(s) to City of National City Ad Hoc Committees: Anti Smoking/Tobacco; Special Events; Capital Improvement Program (C.I.P.); Evaluation Committee for potential Community Development Commission (CDC) Bond Advisors. PREPARED BY: Leslie Deese, Asst. City Manager PHONE: 619-336-4240 EXPLANATION: See attached report. DEPARTMENT: City Manager APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Appoint Councilmembers to City of National City Ad Hoc Committees.' BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ort ___io Re: CIP Program Request for. City Council Member Appointment(s) to City of National City Ad Hoc Committees: Anti-Smoking/Tobacco; Special Events; Capital Improvement Program (CJ.P); Evaluation Committee for potential Community Development Commission (CDC) Bond Advisors The City of National City has seven (7) established Boards and Commissions whose members are appointed by the Mayor and City Council. The City also has a number of ad -hoc committees which are generally short-term in nature and for a specific purpose, and are comprised of city staff, community members, and City Councilmembers. Due to the election of new Councilmembers, staff is requesting the City Council consider appointing councilmember(s) to the following four ad -hoc committees: 1. Tobacco (Smoke -Free) Committee 2. Special Events Committee 3. Capital Improvemean Program (C.I.F.) Committee 4. Evaluation Committee for potential CDC Bond Advisors 1 Tobacco (Smoke -Free) Committee (Existing Committee) The Tobacco (Smoke Free) Committee was formed in 2009 with the purpose of improving the quality of life for all residents, specifically those in multi -family housing units where there may be issues associated with second hand smoke and to consider a smoking ordinance to address these concerns. The ah-hoc committee is comprised of the following members: • Mayor • Councilmember (vacant) • City Attorney • Emergency Services Director • Community Services Director • Senior Code Enforcement Officer • Housing Manager • Neighborhood Council Specialist • American Lung Association Representative • Environmental Health Coalition Representative • American Cancer Society Representative • SD County Apartment Association Representative Council Action Requested: Appoint one City Councilmember to replace former Councilmember Frank Parra 2. Special Events Committee (Existing Committee) The City Council recognizes that special events are a major part of that special lifestyle that defines National City's history and makes our city unique. It is the policy of the City Council that to the extent economic conditions and the City's resources allow, the City may provide reasonable support of up to $1,000 per event day to non-profit special events that benefit National City residents, are held wholly within City limits, and are designated by the City Council to be City co -sponsored annual events. The City itself also provides a variety of community -wide annual events. The City Sponsored/Co-Sponsored Events Committee was formed in 2008. The purpose of the Committee is to meet as needed to review the City's Policy on sponsored and co -sponsored special events. The ad -hoc committee is comprised of the following members: • Mayor • Councilmember (vacant) • Community Services Director • Neighborhood Council Specialist Council Action Requested: Appoint one (1) City Councilmember to replace former Councilmember Jess VanDeventer 3. Capital Improvement Program (C.I.P.) Committee (Proposed Committee) The C.I.P. Program is a five-year planning instrument used to identify and coordinate the financing and timing of public improvements. The goals of the program are to plan for the City's long term capital improvement needs and to determine their associated capital financing requirements as well as operating costs. The program provides a framework for the City Council to determine capital priorities and is a key component of the City financial forecasting and budgetary process. Given the complexity of the CIP program which includes project review, selection, ranking, and identification and assignment of funding sources, it is recommended the ah-hoc committee include the following members: • Two (2) City Councilmembers • Planning Commission Chair • CDC Executive Director • Assistant City Manger • Development Services Director • Public Works Director The attached information from DSG Director Maryam Babaki provides additional detail on the CIP Program and proposed Committee. Council Action Requested: Appoint two (2) City Councilmembers 4. Evaluation Committee for potential CDC Bond Advisors (Proposed Committee) This proposed ad -hoc committee will review, evaluate and recommend to the City Council one or more qualified firms to: (1) Serve as bond counsel for the CDC for issuance of its potential tax allocation bonds; (2) Serve as disclosure counsel for the CDC for issuance of its potential tax allocation bonds; and (3) Provide underwriting services on the CDC's potential tax allocation bond program. This committee will evaluate qualified firm proposals related to a potential bond issue utilizing redevelopment funds. Potential uses of these funds would include the capital improvement program or other eligible projects such as housing and economic development projects within legal boundaries of the redevelopment area of National City. It is recommended the committee be comprised of the following members: • 2 City Councilmembers • City Attorney • Assistant City Manager • City's Financial Advisor (Urban Futures Incorporated) Council Action Requested: Appoint Two (2) City Councilmembers Dear Mayor and Council: This is an update and briefing on the status of current CIP. Last year, as part of the budget process we submitted a 5-year CIP. Also, over the past year the City has worked hard to complete the General Plan Update. In as much as the General Plan outlines the vision for the City for the next twenty years, it is therefore a strategic guide in planning the City's investments. The City's CIP program reflects the City's investment priorities through projects as envisioned by General Plan and identifies the sources of funding for those projects. As we are almost at the completion of the General Plan Update we started work on putting together our long term CIP program. We have done so by first reviewing our CIP criteria and strategic approach as well as working on putting together a preliminary list of projects. In reviewing our CIP approach that was included in the last year's Budget (copy attached) we outlined the different categories CIP as follows: Infrastructure Facilities Information Technology Parks & Recreation As we proceed to compile our Iist of projects that reflect the General Plan vision we recognize that we need an additional category as Partnerships. As the name implies, this category will include projects that are consistent with the General Plan but also become significant because they are important to our business, community and institutional partners who also bring financial contributions to the project. The other major components of our CIP program in the City were: 1. Creation of a CIP Committee 2•. Establishing a CIP ranking criteria that CIP committee can use to rank the different CIP projects. The ranking criteria was adopted by Council and they are as follows: Health, Safety, & Reeulatory Requirements (40%) — These include Seismic regulations, ADA, NPDES, Department of Health and other State or Federal Mandates, these have a high consequence for failure to complete (unsafe roads, people could get hurt, legal consequences). Cost and Fundin' Opportunities (20%) — Return on investment from grants, considers grant deadlines, fund availability, ratio of grant funds to total project cost, considers staff time to administer grant requirements. General Plan Compliance and Community Support (10%) — stimulation of local economy, public pressure and direction, possibly identified through a survey, promotes neighborhood livability. Multiple Category Benefit (10%) — Projects that support multiple categories (for example street, safety, pedestrian improvement, and drainage) would get a higher ranking. Maintenance Needs (10%) — Projects that require high or new maintenance costs score lower, projects that preserve existing assets and reduce maintenance costs score higher. Readiness and Deliverability (10%) — Degree to which a project is close to completing a specific phase, work done to date that would be lost if project is deferred. As for the make up of the CIP committee staff proposes the following: ■ Two members from Mayor and Council • Planning Commission Chair • Assistant City Manager • Executive Director of Community Development • Development Services Director ■ Public Works Director If the Mayor and Council are agreeable to staff recommendations in this report then we request two members of the Mayor and Council accept to participate in this committee. This is a complex task as it involves not only the review, selection and ranking of projects, but also, it involves the identification and assignment of sources of funding for these projects. As we are in a variable environment where the availability of funding sources can change quickly, we request that the committee be formed and begin work soon. Staff appreciates the input and participation of the Mayor and Council as we try to compile the list of projects and identify proper sources of funding for these projects as expeditiously as possible. S CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 1, 2011 AGENDA ITEM NO. 20 'EM TITLE: TEMPORARY USE PERMIT — Sweetwater Harley-Davidson Rare Breed MC Annual Dance event at 3201 Hoover Avenue on February 1 I, 2011 from 8:30 p.m. to 12:30 a.m. with no waiver of fees. PREPARED BY: Vianey Rolon DEPARTMENT: Neighbor Services Division PHONE: (619) 336-4364 APPROVED BY: EXPLANATION: This is a request from the Sweetwater Motorcycles Inc. to conduct the Rare Breed MC Annual Dance event at 3201 Hoover Avenue on February 11, 2011. This is an annual dance where all invitees will be dancing and eating. No outside items, such as animals, vehicles, etc., will be on site. Security will be provided by Casper & Associates. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: 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: 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: ATTACHMENTS: Ilication for a Temporary Use Permit with recommended approvals and conditions of approval. G1nas u'k 50 -L Type of Event: Public Concert Parade Motion Picture Event Title: Fair Demonstration Grand Opening _ Festival Community Event Circus Block Party Other iv_ Block 'Vat( ZAttzl Auiptd►at't Actual Event Hours: &- 30 ame to • - 3U /pm Setup/assembly/construction Date: ).1 f- Start time: b' 3ia p. Please describe the scope of your setup/assembly work (specific details): (pa 5 t 't. L tQ nci zizek Dismantle Date: 2 -124I Completion Time: 2 nQ t a pm 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. Event Location: 32.-0 I kover A .2• la • 11 Event Date(s): From 'N —a I toi Total Anticipated Attendance: SOU Month/Day/Year ( if. Participants) ( Spectators) Sponsoring Organization: Chief Officer of Organization (Name) 1[44S 'J� #S Applicant (Name): For Profit _ Not -for -Profit Address: 3,4 t /iovii r C/l L �{ i4 w9 S2) Daytime Phone: (f/e () 417 441 /Evening Phone: j 9/ ,OD/ ax: Vfa 4-77- 71.7) Contact Person "on site" day of the event: Pager/Cellular: ,Ut ICc NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS THE DU TION OF THE EVENT 019-941-5i0I4(rt 3 ) Is your organization a "Tax Exempt, nonprofit' organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): _ YES NO _ YES NO $ Estimated Gross Receipts including ticket, product and sponsorship sates 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. 116 Is an OMn,MDJima)-Glyt 11 hrj Claneou ./kb' c ,A iu/ ,>I ��lw►s /Jud �11 p s (�itnl'"vr� t �s f i1 ,.viz till ht Qji 1 I _ YES X NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 X. YES _ NO Does the event involve the sale or use of alcoholic beverages? X YES NO Will items or services be sold at the event? If yes, please describe: 31hrt. MLv han &G _ YES A NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _ YES X NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies_ AYES tN0 WiII the event involve the use of the City stage or A syste . 4—*� In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas J Please describe how food will be served at the event: NIP he J7?i&bi. f 1�11 ILV' 4Ldlalt itij {/ N LI Jl �1.6 t11t'i.4Qy If you intend to cook food in the event area please specify the method: GAS ELECTRIC _ CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toi t Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs ➢ Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: . Describe your plan for clean-up and/removal of waste and garbage during and after the/event: !Nb11 � LtJIIl re�vrct�t t b'lt.i Mn S 9i h►-aW 411 is AA4 1'14 piii K k kr lilt t, l Pleasef describe your procedures for both Crowd Control and Internal Security:� ) 1,11 di Apel %i 5eettrYt 1if1�Yr kt • f &or 5a Moto XYES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: eiiT1r d AUt'iv1( Security Organization Address: Security Director (Name): It eitytr Phone: 619-8D1'037 YES NO Is this a night event? If YES, please state how the event and surrounding area will be i mi t d to ensure safety pf the participants ands tators: Du v u,1 rs well joe Wore u p f l t 4: tax 4n',r P,,1�ase indicate what arr�?nggme y u h ve made for providing First Aid Sta ing and quipment. b /lavt Q hk t i`� c7G in Our Srr is 1 rtiwv,7� t I1h,NLi t11 Q,iodz&if 'F1 kJ /)ly iPub'l�k !S 1�t.64 d a at PAtW ttr at vairr AuPtio, e✓e'r / . Plea_' describe rj our Accessibility Plan for access at your event by individuals with disabilities: f/tk km an U(f k2Z #Dr / y Atli- tat. Please provide a detailed description of your PARKING plan: Qttfj (fir lti%L6r LL' ; TI wer IP v 33 Please describe your plan for DISABLED PARKING: 14 Ave 7Ztll7 zh3abk pairh ut c JA aktil[l 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: -J // 6� si 5 s toil he th I/ Aiktil ,iei NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: YES NO Will sound amplification be used? If YES, please indicate: Start time: g! 3t7 ame Finish Time rn; 9 30 Opm _ YES XNO Wilt 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 ,NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES kNO 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: Hem Tf8 S; IYEia8f}n�p} 11l IRS § � d@Oafi(il@fl[ 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 , jh r h1r ') Person in Charge of Activity j(JF144frjj6. Address 3cYJ/ J - Telephone 019-1.21r5D1 Date(s) of Use ©,J-l/-fi HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attomeys fees and the costs of litigation, arising out of or related to the use of public property or the aityr Eaken un. permit by the permittee or its agents, employees or 0111-0 Offiicral Title Date For Office Use Only Certificate of Insurance Approved Date 7 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Sweetwater Harley-Davidson EVENT: Rare Breed MC Annual Dance DATE OF EVENT: February 11, 2011 TIME OF EVENT: 8:30pm to 12:30 am APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNTTY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 The speakers used during these event will need to be aimed away from any residences. Applicant is to ensure compliance with Title 12 (Noise) requirements. An ABC permit will need to be obtained for the alcohol sales RISK MANAGER (619) 336-4370 The following must be obtained: -Certificate of Insurance showing the City of National City -Additional insured endorsement naming the City of National City as an additional insured FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: I) 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 3`/z` 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, arc 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. Canopies: Tents: 0-400sf- $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - $200.00 201 — (+) sf - $400.00. 10) Fire Department access into and through the booth areas are to be maintained at all times. 11) A fire safety inspection is to be conducted by the Fire Depai tnient prior to operations of the entire event. Fee for after hour/weekend inspection shall be $200.00 dollars for the first two hours. A fee of $100.00 dollars shall be charged for every hour (or part) after the first two hours. 12) Occupancy load posted by the National City Building Official shall be strictly adhered to. 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 PUBLIC WORKS (619) 336-4580 Public Works has no involvement in this event CITY ATTORNEY (619) 336-4220 The hold harmless and indemnification provisions must be signed by the applicant FINANCE (619) 336-4341 Both the DJ and the caterer must obtain a National City Business License. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 1, 2011 AGENDA ITEM NO.21 =M TITLE: TEMPORARY USE PERMIT — The Leukemia & Lymphoma Society's Ragner Relay SoCal 2011 running race through National City on April 16, 2011 from 9 a.m. thru 8 p.m. with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neighbor Services Division APPROVED BY: This is a request from The Leukemia & Lymphoma Society to conduct the Ragner Relay SoCal 2011 running race on April 16, 2011. This is a long distance running relay race that is a benefit for the Leukemia & Lymphoma Society. The race will start in Huntington Beach on April 15, 2011 and finish on Coronado Island on April 16, 2011. Six hundred teams are anticipated to participate. Each team consists of 12 runners and 2 support vehicles. During the relay, each team member runs three legs each, exchanging the baton at designated exchange points, Of the 36 legs of the course, two partial legs and one exchange point falls within the National City limits (southeast onto Harbor Drive, south onto Cleveland Avenue, west onto Bay Marina Drive, then south on sidewalk, west onto 32' Street bike lane, and south onto Tidelands Avenue). Exchange 34 will be placed at Pepper Park. Runners will run on sidewalks. No street, sidewalks, traffic closures are been requested. Annlicant will post appropriate signage for runners to follow and First Aid will be stationed at each exchange. FINANCIAL STATEMENT: ACCOUNT NO. The City has incurred $237.00 for processing the TUP through various City departments. Total fees are $237.00 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: N/A ATTACHMENTS: dication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert Parade - Motion Picture Fair Festival Community Event - Demonstration _ Circus ( _ Block Party 57�h' a Grand Opening �; Other l� Cttir�h„ Event Title: Event Location: \-suer " o C � � n t{'{.� 1 \ ` S �zk�� > �L?Q _�\".G�c'•-. �xlZ� VZvL1Va3Z_�L�k..Yai.:,�.Gn tZO0--Gi'�.t 2Vrwt,\ Event Date(s): From t-i I t (o 1 I t to 4Ii t l (\ Total Anticipated Attendance: 3C-co {k,r N-3-;a,so, C; rY Month/Day/Ye r L�->� Participant ( 0 Spectators) Actual Event Hours: `�r (3Q �pm to O =Qp amI m Setup/assembly/construction Date: yiVol Ij Start time: C�=o0ei.•,.,-- Please describe the scope of your setup/assembly work (specific details): Sens a C�xrS� � 1 r\ �_ 0.�CCaI.� C�Yt{Z CV1(« M� ®-C -n,1Qs QP � p�., -( r� �;p� I, (itco a oo ,. 0:0, �,� »/ Dismantle Date: 41 I (' I Completion Time: �1 • - amp 'te S �'' wj1Q, It b� S �� 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: & L�ret �s fee—, For r Profit"" 1 , ��y t X Not -for -Profit Chief Officer of Organization`(Name) U6.3e, � �;S (p,.A ,ceo) Applicant (Name): �1Q.3Q,� o\ � nnr EvQ"�S lLL- Vace_NIY,ro_Aar> Address: \\?t, W. Serk� ( �c. );-f Z�1 Ik ,\AQ_) Daytime Phone: (Dt) b-l` gAS Evening Phone: (?'_bl ):1-tVo1 '') Fax: (fit) um - SO2 Contact Person "on site" day of the event: 4€'2,,A t" O .J v\.t\\_ Pager/Cellular: C -4-11G-14 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS � w Sk\)kg,m 11.0-a-rx 1Aul .c omt_ Is your organization a "Tax Exempt, nonprofit" organization? ,X YES _ NO Are admission, entry, vendor or participant fees required? X YES __ NO If YES, please explain the purpose and provide amount(s): r" ice ` ^ ceq;���r�ti� e \ ��e DTP_, Ci�ti.� 1YN c�C�.Vnn��- c,i' �V�.•,n� 10•n-,•vi� 3ti2-ci - Q--t> $ (D\2 tC X) Estimated Gross Receipts including ticket, product and sponsorship sales from this event_ $ 1-kI 'i )000 Estimated Expenses for this event_ $ 1(o)O00 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_ li, Vcz :,Ylc%.r Rri �c1 ja CcA i,, 15 a- 6 a..`Ack,Mc.L iu.:*\r .iN.��2\:.,-ce t1� .. r�`n •� -c—r- `�vkQ.v+i;o.- & (.ytv�Q nci a�.�ti� ! cecr?. W_,\ 1�A 1�'1 Cl ortc,TCm 0-, Lj i t 5 t t1 ar.k Ca"' 1\3o -1511—k (Tv' tk i v4" WQ Ci.•r`/i( (e' tuc-'\ -ke wii Cewf- s_ ck 1z k-kA nQ rS \iQV:tke (tn [_y-'sus-ri ro-n..e.., s J x V2`n :t �� l _ D uc'.,n-q -k cAel ec,S �c w� m_ e �j� r V S -ttlrec-\'- `'�'�-. j�+ -�"1"1 '� 'S C5 -t\\Q z` tc5E -1 mo cD L4 A S 6rA2_ L'.Xc�+�c.iw .q Q ;;iv�� �`��S �l ;�i \rl ' 12 CA1 5 AAA . 6CCY 3- 3 \ w,�1 v\kcel 4 e2p�r` (PD �0.t r� oil I' c 0.P�Rc-n cva `iQ.•n.uk'_ 3�C�,� •nn..n.'t c5,�, . 1 �ttixtcn e c-5, t.„3 A r�^n� v30 do ,? k—ce , c r YES NO 6Y, `j.( ,ram\�S o & 0Y01 a" �T0.\i,G rr1101/4k,5. CAL ,j\y f- If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: I pt _ YES )C NO YES X NO Does the event involve the sale or use of alcoholic beverages? Will items or services be sold at the event? If yes, please describe: XYES _ NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. XYES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES X NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes _ YES X NO NOTE: A separate Fire Department permit is required for tents or canopies. Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event: 13 / r If you intend to cook food in the event area please specify the method: 'NJA GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: ( (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs ►J(A > Fencing, barriers and/or barricades I SIA > Generator locations and/or source of electricity NIA > Canopies or tent locations (include tent/canopy dimensions) 1,11A > Booths, exhibits, displays or enclosures 1.31A > Scaffolding, bleachers, platforms, stages, grandstands or related structures 1,11R > Vehicles and/or trailers 2,p,_ tz� g� ,�� 4 aySC- ) > Other related event com onents not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition) Number of trash cans: '1- Trash containers with lids: 0 Describe your plan for clean-up and removal of waste and garbage during and after the event: 1, ve.«Q�c\ :, 8, l 0 3y (p.�,�,, OA, - p 4 St.') ptv CGv�Cl�...S�an ©� '��1� V-'}�' �v�'� \Y 0.Cp�`i,\ `fl'�- C.O,` -ek 4 krc - o AVQ Please describe your procedures for both Crowd Control and Internal Security: YES X,NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES k 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: n11 �� z�S �� -fie e. v t1\ aCC<? b1�. Please provide a detailed description of your PARKING plan: ezr4 12o �rlS, 5���e.�� aa:4- v 0>o -A wayb2_a_a zP ,��k« �A- Please describe yourry Ian for DISABLED PARKING: C�('Z i`i� e_K;,4ik\c, ONti 2K U:`f•�‘'`-c c 4tQS-� ('o,_ o Sn) t Please describe your plans to notify all residents, businesses and churches impacted by the event: . No L1OSt.t-f2S 6C S�Toc S S cSo-?i�xAV-S GC a;41-- {6Y\ cL--c;C- NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES XNO 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: Type of Music: _YES NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES }( }NO Will sound checks be conducted prior to the event? If YES, please indicate: r Start time: am/pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES KNO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES r NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 5 t 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 1 zi��D�h a �lvwPLc+Y�c c',QViZ Person in Charge of Activity U„ Qzc v c,.\ tt_C- a-bt,reAc\;) Address kW'-,``'e> W: �4��k `� ,: Zot =15,1\z U T Bi0 Telephone i\F:_o> 1(c-`(F-4-1% Date(s) of Use L1\1L k1 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. Signatu'rof Applicant S2su..c0__ �a2cXZ Official Title Date zIz_1 o For Office Use Only Certificate of Insurance Approved Date Page 1 of 6 Ragnar Relay So Cal '11 Route & Venue Information COURSE OVERVIEW -- 1929 MILES Route — The race will start in Huntington Beach on Friday, April 15th 2011 around 6:00am. Runners will make their way around Camp Pendleton to the north and then back south towards Oceanside. From Oceanside the runners will hug the ocean until San Diego, where they will run around the harbor to Coronado Island. The finish line will be located at Silver Strand State Beach Park. Exchange #34 — Pepper Park Port of San Diego Pag Section through National City — Runners will enter National City headed south from San Diego. They will progress south around the bay and into Chula Vista. The yellow line indicates the runner's path. We estimate that runners will pass through the city on Saturday, April 16`h between 9:OOam and 8:OOpm. Runners will typically run on sidewalks, crosswalks, bikelanes, and shoulders, and will obey all traffic laws. ierxerai Raga Park u oiyeiS ieAeN 5ei.eiS pail 9 40 g aSed 9, Bed Page 5 of 6 Exchange #34 — Pepper Park (Port of San Diego) See next page for expanded view Ragnar Relay So Cal'11 to benefit The Leukemia & Lymphoma Society's Team In Training Exchange #34 — Pepper Park (Port of San Diego) Parking Approx.: Reserved Spaces w,gwd� Pagcvvi6 Runner Timeline 10:OOam-7:OOpm The race format is very different from a marathon or 10K. Runners are spread out over a 30 mile distance and pass along the course single file, every few minutes or so. Ragnar Relay So Cal '11 City of National City Signage Info (Page 1 of 2) Along the course there will be course signs that communicate to the runners which direction to go, on what side of the road to run, which exchange they are at, etc. An example of such a sign can be seen in the picture below: The signs are 42" High, 18" Wide, .25" Thick and are made of corrugated plastic. Each sign will be secured to a delineator post barricade. An example of the barricade is shown below. Ragnar Relay So Cal '11 City of National City Signage Info (Page 2 of 2) 1YYD rn RA'G,NA,R ravel- 1/11 RAG NAR 1 UM ONE MILE TO GO LEFT FIAGNAR li LEM OP OBJECT 1 ST RAI H MYG $111 RMNAR 11111111 RIGHT : $1111111 RAGNAR RUN WITH THAI !IC 11.1 RAGNAR REISRERT RESIDENTS shtTv Elcd, GM: Dcr • firer CROSS THEN LEFT RI EMI CIF DEJECT Ragnar Relay So Cal '11 City of National City Medical Plan First -aid station and first -aid staff will be located at Exchange 30 (Torrey Pines Glider Port) and the Finish Line (Silver Strand State Beach). These first -aid stations will be equipped to handle extreme dehydration, heat stroke, and all of the minor sport injuries we often experience, including; blisters, sprains, strains, stings, etc. We require our first aid staff to be licensed to administer intravenous fluids (EMT intermediate and above, or RN, PA, M.D., etc). We hire first aid workers (EMT intermediate or above), through a medical staffing agency. In the event of a major medical emergency (i.e. any life threatening condition or injury that requires immediate medical attention) we instruct runners/volunteers to first call 911. The line of communication then follows: 911 -*Race Director -Senior Race Director -)Course Manager for that section. In addition to our own first aid services on course, we list the local emergency rooms near the course, along with their address and phone number in the race packets. LEUKEMIA October 19, 2010 Mr. Steven Aderholt Ragnar Events —Senior Rate Director 1188 W. Sportsplex Drive Suite 201 Kaysville, UT 84037 RE: Ragnar Relay SoCal 2011 Dear Steve: LYMPHOMA wwwi s.otg MYELOMA The Leukemia &' Lymphoma Society - Fighting Blood Cancers This letter serves as an authorization for Ragnar Event LLC to obtain a permit under The Leukemia & Lymphoma Society. Ragnar Event LLC has the right to sign and coordinate all documentation related to the Ragnar RelaySoCal 2011. Kind regards, Erika Ellis Campaign Director, Team In Training Orange County Inland Empire Chapter Orange County/iniand Empire Chapter 765 The Ctty Dive South, Stile 260 t Change, CA 92868 I tQl714.4815600 I fart 714.481.6677 I toUM[ree 888.535.9300 1 ZOOIZ00'd 6>i51t OZ:Ot OLOZ/61/O1, 91.90L88PLL ldaU-1Nl:w0AA Internal Revenue Service Date: February 20, 2004 The Leukemia & Lymphoma Society, Inc. 1311 Mamaroneck Ave White Plains, NY 10605 Dear Sir or Madam: Department of the Treasury P. O. Box 2508 Cincinnati, OH 45201 Person to Contact: Steve Brown 31-07422 Customer Service Representative Toll Free Telephone Number: 800am_ to6:30p_m.EST 877-829-5500 Fax Number: 513-263-3756 Federal Identification Number: 13-5644916 This is in response to your request of February 20, 2004, regarding your organization's tax-exempt status. In January 2001 we issued a determination letter that recognized your organization as exempt from federal income tax. Our records indicate that your organization is currently exempt under section 501(c)(3) of the Internal Revenue Code. Based on Information subsequently submitted, we. classified your organization as one that is not a private foundation within the meaning of section 509(a) of the Code because it is an organization described in sections 509(a)(1) and 170(bX1)(A)(vi). This classification was based on the assumption that your organization's operations would continue as stated in the application. If your organization's sources of support, or its character, method of operations, or purposes have changed, please let us know so we can consider the effect of the change on the exempt status and foundation status of your organization. Your organization is required to file Form 990, Return of Organization Exempt from Income Tax, only if its gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period_ The law imposes a penalty of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonable cause for the delay. All exempt organizations (unless specifically excluded) are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more paid to each employee during a calendar year_ Your organization is not liable for the tax imposed under the Federal Unemployment Tax Act (FUTA). Organizations that are not private foundations are not subject to the excise taxes under Chapter 42 of the Code; However, these organizations are not automatically exempt from other federal excise taxes. Donors may deduct contributions to your organization as provided in section 170 of the Code Bequests, legacies, devises, transfers, or gifts to your organization or for its use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. ne Leukemia & Lymphoma Society, Inc. 13-5644916 Your organization is not required to file federal income tax returns unless it is subject to the tax on unrelated business income under section 511 of the Code. If your organization is subject to this tax, it must file an income tax return on the Form 990-T, Exempt Organization Business Income Tax Return. In this letter, we are not determining whether any of your organization's present or proposed activities are unrelated trade or business as defined in section 513 of the Code. Section 6104 of the Internal Revenue Code requires you to make your organization's annual return available for public inspection without charge for three years after the due date of the return. The law also requires organizations that received recognition of exemption on July 15, 1987, or later, to make available for public inspection a copy of the exemption application, any supporting documents and the exemption letter to any individual who requests such documents in person or in writing.. Organizations that received recognition of exemption before July 15, 1987, and had a copy of their exemption application on July 15, 1987, are also required to make available for public inspection a copy of the exemption application, any supporting documents and the exemption letter to any individual who requests such documents in person or in writing; For additional information on disclosure requirements, please refer to Internal Revenue Bulletin 1999 - 17_ Because this letter could help resolve any questions about your organization's exempt status and foundation status, you should keep it with the organization's permanent records. xi have any questions, please call us at the telephone number shown in the heading of this letter_ This letter affirms your organization's exempt status Sincerely, ti(?'"a"4144) Janne K. Skufca, Acting Director, TE/GE Customer Account Services CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: The Leukemia & Lymphoma Society EVENT: Ragner Relay SoCal 2011 DATE OF EVENT: April 16, 2011 TIME OF EVENT: 9:00 am to 8:0 pm APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ 1 SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: RISK MANAGER (619) 336-4370 The following must be obtained: -Certificate of Insurance showing the City of National City -Additional insured endorsement naming the City of National City as an additional insured. PUBLIC WORKS (619) 336-4580 Public Works has no involvement in this event •TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT February 1, 2011 AGENDA ITEM NO. 22 ITEM TITLE: Resolution of the Community Development Commission of National City (CDC) authorizing the Chairman to execute a Subordination Agreement with Mike N. Dallo and Mona Dallo to place the CDC Facade Loan Agreement in a second trust deed position for the property located at 303 Highland Avenue (Foodland). PREPARED BY: Alfredo Ybarra DEPARTMENT: Community Development PHONE: 619 336-4279 APPROVED BY: EXPLANATION: The CDC made a $542,349 loan of tax increment funds to Mike N. Dallo and Mona Dallo (Borrowers) on September 18, 2006 for the purpose of rehabilitating the facade at 303 Highland Avenue in National City. Pursuant to the promissory note, the loan will be forgiven five (5) years from the completion date of the improvements as long as the Foodland Market facade improvements are maintained for at least five years. The Borrowers are now requesting a refinancing of the property by applying for a new first trust deed loan with Zions Bank. To facilitate this refinancing, they are requesting the CDC execute the attached s bordination agreement that will allow the new Zions Bank loan to take first position with the CDC loan g a second position. The purpose of the financial restructuring is to allow the borrowers to pull ds out of the property that the Borrowers had previously invested. (see staff background report for further details) FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There is no fiscal impact associated with this request. ENVIRONMENTAL REVIEW: Not Applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve resolution BOARD / COMMISSION RECOMMENDATION: CHMENTS: 1. Staff Background Report 2. Subordination Agreement Staff Background Report On September 18, 2006, The Community Development Commission of the City of National City (CDC) entered into a Facade Improvement Agreement with Mike N. Dallo and Mona Dallo, referred to as the "Borrowers" for the property located at 303 Highland Avenue, National City, CA 91950. Per the Agreement, the CDC made a loan in the amount of $347,320 to the Borrowers for the purpose of rehabilitating the Facade at 303 Highland Avenue. Mike N. Dallo and Mona Dallo, Trustor, signed a Deed of Trust on September 18, 2006, for the benefit of the CDC. The purpose of the Deed of Trust is for securing payment of the indebtedness evidenced by the promissory note dated September 18, 2006 in the principal sum of $347,320, recorded under Document no. 2006-0792087, in the San Diego County Official records. On September 4, 2007, the CDC Board approved an increase in the project budget to $542,349 from $347,320. The purpose of the increase was to cover additional construction expenses of the project. The CDC Deed of Trust was revised to reflect the new loan amount of $542,349. At that time, The CDC Deed of Trust was recorded in a junior position behind the senior lien holder, Sterling Bank. On November 29, 2010, Sterling Bank sold the note to the Borrowers for $2,800,000 discounting the note from the original principal amount of $3,500,000. In order to take advantage of the opportunity, the Borrowers utilized their own cash to purchase the note. When the note was purchased, the CDC second trust deed (junior lien) that is securing the Facade Improvement loan became the first or senior lien. Now, the Borrowers are requesting the CDC subordinate our senior lien to a new Deed of Trust so they may pull their money back out with a new loan ($2,470,000) from Zions Bank. The Bank requires a. first position. As a result, a request for subordination is before the CDC for consideration. The Foodland property is currently valued at $3,800,000 pursuant to an appraisal dated December 8, 2010, prepared by Zions Bank. Should the CDC approve the request for subordination, the loan -to -value ratio on the property will be 79%. Loans on commercial property by pension funds, banks, and insurance companies are typically limited to a maximum of 80% of value. Currently, the property has an outstanding permit condition existing on the property. According to Development Services Department, the owner applied for permits to install signs (Western Union) in 2009. Those permits have since expired. Staff recommends that the Board approve the proposed resolution authorizing the execution of the subordination agreement subject to resolving all outstanding permit issues. Attachment 2 RECORDING REQUESTED BY: Elite Escrow Services of San Diego, Inc. AND WHEN RECORDED MAIL TO: Community Development Commission of the City of National City Economic Development Division 1243 National City Blvd National City, CA 91950-4301 THIS SPACE FOR RECORDER'S USE ONLY: Escrow No.: 048096-RJ Title Order No.: 310327522 SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR R LATER SECURITY INSTRUMENT. THIS AGREEMENT, made January 7, 2011, by Mike N. Dallo and Mona Dallo, Husband and Wife Owner of the land hereinafter described and hereinafter referred to as "Owner', and Community Development Commission of the City of National City, Present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as "Beneficiary"; WITNESSETH THAT WHEREAS, Mike N. Dallo and Mona Dallo, Husband and Wife did execute a deed of trust, dated March 24, 2008, to Chicago Title Company; a California Corporation, As trustee, covering: Parcel 1: The Southerly half of the Easterly half of the Westerly half, the Southerly half of the Westerly half of the Northerly half and the Westerly quarter of the Southerly half of 20 acre Lot 2 of quarter Section 131 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No. 166 by Morrill, filed in the office of the County Recorder of San Diego County. AS MORE PARTICULARLY DESCRIBED IN LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. to secure a note in the sum of $542,349.00, dated March 24, 2008, in favor of the Community Development Commission "of the City of National City, which deed of trust was recorded April 8, 2008, as Instrument No. 2008- 0183750, Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, a deed of trust and note in the sum of $2,470,000.00, dated in favor of , hereinafter referred to as "Lender", payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently, herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned; and WHEREAS, Lender is willing to make said loan provided the deed of trust securing •the same is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender; and WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing that the deed of trust securing the same shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust first above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows; (1) That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the deed of trust first above mentioned. SUBORDINATION RECORDED DEED OF TRUST TO RECORD (3) That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deeds of trust hereinbefore specifically described, any prior agreements as to such subordination including, but not limited to, those provisions, if any, contained in the deed of trust first above mentioned, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages. Beneficiary declares, agrees and acknowledges that (a) He consents to and approves (i) all provisions of the note and deed of trust in favor of Lender above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan. (b) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; (c) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above referrred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination specific loans and advances are being and will be made and, as part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and (d) An endorsement has been placed upon the note secured by the deed of trust first above mentioned that said deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. Community Development Commission of the City of National City By: Mike N. Dallo Ron Morrison, Chairman Mona Daflo Beneficiary Owner STATE OF. CALIFORNIA COUNTY OF On before me, a Notary Public in and for said State, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (This area for official notarial seal) (ALL SIGNATURES MUST BE ACKNOWLEDGED) IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (CLTA SUBORDINATION FORM "A") RESOLUTION 2011 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY (CDC) AUTHORIZING THE CHAIRMAN TO EXECUTE A SUBORDINATION AGREEMENT WITH MIKE N. DALLO AND MONA DALLO TO PLACE THE CDC FACADE LOAN AGREEMENT IN A SECOND TRUST DEED POSITION FOR THE PROPERTY LOCATED AT 303 HIGHLAND AVENUE (FOODLAND) WHEREAS, on September 18. 2006, the Community Development Commission of the City of National City ("CDC") entered into a Facade Improvement Loan for $542,349 to Mike Dallo and Mona Dallo, the Property Owners secured by a Deed of Trust on the Foodland Grocery Market located at 303 Highland Avenue, National City ("Property"), approved by Resolution 2006-216, on October 3, 2006; and WHEREAS, the Facade Improvement Loan from the CDC was issued in second lien position with a loan from Union Bank in first lien position; and WHEREAS, in April of 2008, the Property Owners refinanced the Union Bank loan with a $3.5 Million from Sterling Bank to improve the Property and expand operations, and the CDC executed a subordination agreement with Sterling Bank; and WHEREAS, the Property Owners have purchased the note at a discount from Sterling Bank on December 31, 2010, for cash; and WHEREAS, the Owners wish to encumber the Property with a new loan from Zions Bank for $2,470,000, and have requested that the CDC execute a subordination of the Facade Improvement Loan to a new first trust deed with Zions Bank as the beneficiary; and WHEREAS, the Property has been recently appraised for $3,800,000, and the subordination provides minimal exposure to the loan interests of the CDC. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute a Subordination Agreement in favor of Zions Bank and any escrow documents required to place the Facade Improvement Loan's Deed of Trust in second lien position on the Property located at 303 Highland Avenue. Said Subordination Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 1st day of February, 2011. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Brad Raulston, Secretary Claudia G. Silva CDC General Counsel :TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT February 1st, 2011 AGENDA ITEM NO.23 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $27,370.87 to the City of National City for the period of 12/15/10 through 12/21/10 PREPARED BY: K. Apalategui DEPARTMENT: PHONE: 619-336-4331APPROVED 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 $27,370.871 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A ACHMENTS: vdrrants for the period of 12/15/10 through 12/21/10 PAYEE SECTION 8 SECTION 8 HAPS PAYMENTS COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #25 12/21/2010 DESCRIPTION Start Date End Date 12/ 15/2 010 12/21/2010 CHK NO DATE AMOUNT AIP Total $ 27,370.87 GRAND TOTAL $ 27,370.87 STING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT February 1st, 2011 AGENDA ITEM NO.24 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $88,308.92 to the City of National City for the period of 12/22/10 through 12/28/10 PREPARED BY: K. Apalateguil 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.` / U Finance APPROVED: MIS Approve the reimbursement of funds to the City of National City in the amount of $88,308.92 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A 'ACHMENTS: ..arrants for the period of 12/22/10 through 12/28/10 PAYEE .14 Ilitc aroltiTty COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #26 12/28/2010 DESCRIPTION PAYROLL Pay period Start Date End Date Check Date 26 11/30/2010 12/13/2010 12/22/2010 CHK NO DATE AMOUNT A/P Total $ 88,308.92 GRAND TOTAL $ 88,308.92 ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT February 1st, 2011 AGENDA ITEM NO. 25 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $673,159.66 to the City of National City for the period of 12/29/10 through 01/04/11 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: APPROVEFinance ACCOUNT NO. APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $673,159.66 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A rACHMENTS: vvdrrants for the period of 12/29/10 through 01/04/11 PAYEE DESROCHERS SAN DIEGO COUNTY RECORDER SAN DIEGO COUNTY RECORDER SAN DIEGO COUNTY RECORDER SDG&E SW EETWATER AUTHORITY SECTION 8 SECTION 8 HAPS PAYMENTS COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #27 1/4/2011 DESCRIPTION RETIREE HEALTH BENEFITS JAN'11 RECONVEYANCE OF LOAN / CDC-1994-28 RECONVEYANCE OF LOAN / CDC-1995-25 RECONVEYANCE OF LOAN / CDC-1993-19 GAS AND ELECTRIC UTILITIES / CDC WATER UTILITIES / CDC Start Date End Date 12/15/2010 12/21 /2010 CHK NO DATE 239734 113/11 239767 1/4/11 239768 1/4/11 239769 1/4/11 239770 1/4/11 239771 1/4/11 AMOUNT 110.00 39.00 39.00 36.00 286.46 215.63 A/P Total $ 726.09 672,433.57 GRAND TOTAL $ 673,159.66 TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT February 1, 2011 AGENDA ITEM NO. 26 ITEM TITLE: Investment Report for quarter ended December 31, 2010. PREPARED BY: Jeanette Ladrido, CPA DEPARTMENT: PHONE: 619-336-4331 APPROVED BY: EXPLANATION: See attached report. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Staff certifies that there are sufficient funds to meet the CDC's financial needs. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File the CDC's Investment Report for the Quarter ended December 31, 2010. BOARD / COMMISSION RECOMMENDATION: N/A 'ACHMENTS: — Background/Investment Overview — Portfolio Summary — Quarter ended December 31, 2010. 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: \ V YI V V V 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 December 31, 2010, LAIF's monthly average effective yield was 0.462%. The investment of debt service reserve funds, the 1999, 2004 and 2005 Tax Allocation Bonds, is controlled by the designated fiscal agent. The reserve funds account for 15.23% of the CDC's portfolio. Federal Agency Securities account for 17.68% of the investment portfolio. The average rate of return is 1.816% The investment portfolio has the ability to meet the CDC's financial needs. SUMMARY OF INVESTMENT PORTFOLIO As of December 31, 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 December 2010 Totals for December 2009 Portfolio decrease from same quarter last year Federal Agency Securities 17.68% 11, 947. 750.42 3,149,625.00 2,712,910.34 11, 965, 209.94 3,102,147.50 2,712,910.34 67.08% 17.68% 15.23% 17,810,285.76 17,780,267.78 100.00% 20,777,983.61 -2,967,697.85 Cash with Fiscal Agent 15.23% Investments Liquidity Book Value % of Portfolio On Demand Within One Month One Month to One Year Within One to Five Years Cash with Fiscal Agent 11,947,750.42 0.00 0.00 3,482,912.87 2,712,910.34 65.85% 0.00% 0.00% 19.20% 14.95% 18,143,573.63 100.00% Community Development Commission of National City Finance Department Investments CDC OF NATIONAL CITY Portfolio Management Portfolio Summary December 31, 2010 Par Market Book %of Days to YTM YTM Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv, LAIF 11,947,750.42 11,965,209.94 11,947,750.42 67.08 1 1 0,456 0,462 Federal Agency Coupon Securities 3,150,000.00 3,102,147.50 3,149,625,00 17.58 1,826 1,773 1.791 1.816 Cash with Fiscal Agent 2,712,910.34 2,712,910.34 2,712,910.34 15.23 1 1 0.000 0.000 Investments 17,810,660.76 17,780,267.78 17,810,285.76 100.00% 324 314 0.622 0.631 Total Earnings December 31 Month Ending Fiscal Year To Date Current Year Average Daily Balance Effective Rate of Return JEALADRIDO, FINANCE DIRECTOR Reporting period 12/01/2010-12/31/2010 Run Date 01/19/2011 - 14'57 8,393.31 15,563,350.28 0.63% 43,502 71 15,333,023.30 0.56% Portfolio CDC1 CP PM (PRF PM11 Sym Repr 6 41. 202b Report Ver. 5,00 CUSIP LAIF SYS10006 CDC OF NATIONAL CITY Portfolio Management Portfolio Details - Investments December 31, 2010 Page 2 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date 10006 tAIF Subtotal and Average 9,942,750.42 11,947,750.42 11,965,209.94 11,947,750.42 11,947,750.42 0.462 0.456 0.462 1 11, 965, 209.94 11,947, 750.42 0.456 0.462 1 Federal Agency Coupon Securities 313371RZ1 10025 Federal Home Loan Bank 12/02/2010 500,000.00 491,015.00 500,000.00 1 850 1.825 1.850 1,796 12/02/2015 3134G1RA4 10021 Federal Home Loan Mtg Corp 08/25/2010 400,000.00 395,460,00 400,000.00 2.125 2.096 2.125 1,697 08/25/2015 3134G1TR5 10022 Federal Home Loan Mtg Corp 09/30/2010 500,000.00 497,015.00 500,000.00 2.000 1.973 2.000 1,733 09/30/2015 3136FPYSO 10023 Federal National Mtg Assn 11/23/2010 750,000.00 730,942.50 749,625.00 1.250 1.243 1.260 1,787 11/23/2015 3136FPB22 10024 Federal National Mtg Assn 11/30/2010 500,000.00 492,755.00 500,000,00 2,000 1,973 2.000 1,794 11/30/2015 3136FPC70 10026 Federal National Mtg Assn 12/15/2010 500,000.00 494,900.00 500,000.00 2.000 1,973 2.000 1,809 12/15/2015 Subtotal and Average 2,907,689.52 3,150,000.00 3,102,147.50 3,149,625.00 1.791 1.816 1,773 Cash with Fiscal Agent SYS1D013 10013 National City 2004 TAB 07/01/2010 35,620.32 35,620.32 35,620.32 0.000 0.000 1 SY510014 10014 National Clty 2004 TAB 07/01/2010 0.16 0.16 0.16 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 SYS1D016 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 2005B TAB 07/01/2010 0.13 0.13 0,13 0.000 0.000 1 SYS10009 10009 National City 2005B 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 2,712,910.34 2,712,910.34 2,712,910.34 2,712,910.34 0.000 0.000 1 Total and Average 15,563,350.28 Run Dale' 01/19/2011 - 14:57 17,810,660.76 17,780,267.78 17,810,285.76 0.622 0.631 314 Portfolio CDC1 CP PM (PRF_PM2) SymRepl 6.41 202b CDC OF NATIONAL CITY Portfolio Management Interest Earnings Summary December 31, 2010 December 31 Month Ending Fiscal Year To Date Page 3 CD/Coupon/Discount Investments: Interest Collected 0.00 15,312.50 Plus Accrued Interest at End of Period 8,543.05 8,543.05 Less Accrued Interest at Beginning of Period ( 4,197.22) ( 9,201.02) Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period Adjusted by Capital Gains or Losses Earnings during Periods 4,345.83 14,654.53 0.00 125.00 4,345.83 14, 779.53 Pass Through Securities: Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Less Accrued Interest at Purchase During Period Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods ( 0.00 0.00 0.00 0.00 0.00) ( 0.00) 0.00) ( 0.00) 0.00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 Cash/Checking Accounts: Interest Collected 0.30 Plus Accrued Interest at End of Period -61,806.79 Less Accrued Interest at Beginning of Period (-65,853.97) Interest Earned during Period ( 41,255.32 -61,806.79 -49,274.65) 4,047.48 28, 723.18 Total Interest Earned during Period Total Capital Gains or Losses 8,393.31 43,377.71 0.00 125,00 Total Earnings during Period 8,393.31 43,502.71 Portfolio CDC1 CP Run Date. 01/19/2011 - 14:57 PM (PRF_PM6) SymRept 6. 41. 202b ITEM #27 2/1/2011 SOCCER FIELD UPDATE (DEVELOPMENT SERVICES) ITEM #28 2/1/2011 VERBAL REPORT ON FIRE AT 326 W. 12TH STREET (FIRE) ITEM #29 2/1 /2011 CLOSED SESSION REPORT (CITY ATTORNEY)