Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2011 08-16 CC CDC AGENDA PKT
Agenda 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 — August 16, 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) NO1E: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espatiol se proporciona durante sesiones del Consejo Municipal. Los audiofonos 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.aov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 8/16/2011 - Page 2 PRESENTATIONS 1. Employee of the Month of August, 2011 — Ginny Miller, Executive Assistant, City Attorney's Office 2. Presentation - 2011 National City Fire Department/American Medical Response Scholarship (Fire) 3. Presentation - South County Economic Development Council Up -Link Program. (Cindy Gompper-Graves, Chief Executive Officer) 4. Presentation - by California Department of Transportation on Sound Wall Project along 1-805 (Development Services) INTERVIEWS/APPOINTMENTS 5. Interviews and Appointments — Various Boards & Commissions (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. Approval of the Minutes of the City Council/Community Development Commission Special Meeting of July 5, 2011 and the Adjourned Regular Meeting of August 2, 2011. (City Clerk) Approval of a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 8/16/2011 - Page 3 CONSENT CALENDAR (Cont.) 8. Resolution of the City Council of the City of National City authorizing the conversion of 100 feet of existing red curb and 200 feet of existing "unrestricted" parking to 1-minute, time -restricted passenger loading on the 500 block of E. 30th Street, adjacent to Sweetwater High School to improve student drop off/pick-up and enhance safety. (Traffic Safety Committee Item No. 2011-20) (Development Services/Engineering) 9. Resolution of the City Council of the City of National City to revise the City Council Policy No. 707 entitled "Alcohol Beverage License Application Review Process" to incorporate standards for new alcohol Conditional Use Permits. (Development Services/Planning) 10. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Memorandum of Understanding between the California Enterprise Zone Program and the expanded San Diego Regional Enterprise Zone and submit documents to effect an award of final designation to the San Diego Regional Enterprise Zone. (Administrative Services) 11. Resolution of the City Council of the City of National City authorizing the Mayor to execute a 20-year lease between the City and the Boys' and Girls' Club of Greater San Diego, Inc. for the land and building located at 1430 D Avenue. (City Attorney) 12. Temporary Use Permit — 4th Annual Tower of Terror sponsored by the National City Fire Department on October 29, 2011 from 5 p.m. to 9 p.m. at Fire Station 34 located at 343 East 16th Street. This is a National City sponsored event per Council Policy No. 804. (Neighborhood Services Division) 13. WARRANT REGISTER #3 Warrant Register #3 for the period of 07/13/11 through 07/19/11 in the amount of $748,400.49. (Finance) 14. WARRANT REGISTER #4 Warrant Register #5 for the period of 07/20/11 through 07/26/11 in the amount of $1,266,579.21. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 8/16/2011 - Page 4 PUBLIC HEARING 15. Public Hearing — Introduction of an Ordinance amending Title 18 of the Municipal Code by adopting the amended Official Zoning Map in furtherance of the implementation of the General Plan Land Use Map adopted by City Council on June 7, 2011. (Development Services) **Companion Item #16** ORDINANCE FOR INTRODUCTION 16. An Ordinance of the City Council of the City of National City amending Title 18 of the Municipal Code by adopting the amended Official Zoning Map in furtherance of the implementation of the General Plan land use map adopted by City Council on June 7, 2011. (Development Services) **Companion Item #15** NON CONSENT RESOLUTIONS 17. Resolution of the City Council of the City of National City approving the Memorandum of Understanding (MOU) between the City and the National City Firefighters' Association. (Human Resources) 18. Resolution of the City Council of the City of National City modifying the contribution rates to the Public Employees' Retirement System by decreasing the City's contribution and incrementally adding a member contribution paid by the City of National City's Firefighters' Association Represented Employees reaching a 100% employee contribution of 9% in July, 2013. (Human Resources) NEW BUSINESS 19. Discussion and direction by City Council to determine whether two (2) or three (3) towing contractors should provide towing services for the City. (Police/Finance) 20. Proposition "D" Independent Committee. (City Manager) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 8/16/2011 Page 5 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 21. Authorize the reimbursement of Community Development Commission expenditures in the amount of $53,820.23 to the City of National City for the period of 7/13/11 through 07/19/11. (Finance) 22. Authorize the reimbursement of Community Development Commission expenditures in the amount of $93,336.91 to the City of National City for the period of 7/20/11 through 07/26/11. (Finance) 23. Resolution of the Community Development Commission of the City of National City (CDC) approving the Section 8 Management Assessment Program (SEMAP) for Fiscal Year ending June 30, 2011 and authorizing the submittal of the SEMAP to the U.S. Department of Housing and Urban Development. (Community Development/Housing and Grants/Section 8 Program) STAFF REPORTS 24. Letter from U.S. Department of Transportation — appreciation to Stephen Manganiello, Traffic Engineer — participation in the Women and Girls Entrepreneurial Training and Technical Assistance Internship Program. (Development Services Department) 25. Receipt of $300,000 Caltrans Community -Based Transportation Planning Grant (SMART Foundation Safe, Multi -model, Accessible routes to transit, work, school, services and recreation). Planning Grant only. (Development Services Department) 26. Intend to release Request for Proposal for Bond Capital Improvement Program, Program Manager. (Development Services Department) 27. Closed Session Report. (City Attorney) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 8/16/2011 - Page 6 MAYOR AND CITY COUNCIL ADJOURNMENT Regular City Council and Community Development Commission Meeting — Tuesday — September 6, 2011 — 6:00 p.m. — Council Chambers — National City, California CALIFORNIA ITEM #1 8/16/11 MEMORANDUM ^I I coRpoRATED August 8, 2011 TO Chris Zapata, Cit anager FROM Stacey Stevens man Resources Director SUBJECT EMPLOYEE OF THE MONTH PROGRAM The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in August 2011 is Ginny Miller— Executive Assistant By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, August 16, 2011 to be recognized for her achievement and service. Attachment cc: Ginny Miller Claudia Silva — City Attorney Josie Flores -Clark — Executive Assistant Human Resources — Office File SS:Igr Performance Recognition Program (2) Human Resources Department 140 E. 12th Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov City of National City Performance Recognition Award Nomination Form I nominate Ginny Miller for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not to exceed 150 total words. Please be as specific as possible when giving your examples. Ginny works every day to serve the public and City departments in a helpful and professional manner. Ginny treats everyone who arrives at her window or calls on the phone with respect and patience. She endeavors to provide helpful information to all that ask. In addition, Ginny is instrumental in helping the City Attorney's Office deliver legal services to the various departments in the City. Countless contracts cross her desk every week, and she reviews them to make sure the correct insurance documentation is attached so that the City is appropriately protected. Ginny is involved in all facets of the City Attorney department, making sure the office runs smoothly. She stays on top of the deadlines, so that she can keep the attorneys well informed and prepared. Ginny is instrumental in agenda preparation. When I think of a team player, I think of Ginny. Ginny is a pleasure to work with. She not only does her work with a smile, she always finds time to help with "one more thing." It is my honor to nominate Ginny Miller for employee of the month. FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Human Resources Department Nominated by: Claudia Silva Signature: ITEM #2 8-16-11 PRESENTATION - 2011 NATIONAL CITY FIRE DEPARTMENT/ AMERICAN MEDICAL RESPONSE SCHOLARSHIP (FIRE) ITEM #3 8/16/11 PRESENTATION - SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL UP -LINK PROGRAM (CINDY GOMPPER-GRAVES, CHIEF EXECUTIVE OFFICER) ITEM #4 8/16/11 PRESENTATION - BY CALIFORNIA DEPARTMENT OF TRANSPORTATION ON SOUND WALL PROJECT ALONG 1-805 (DEVELOPMENT SERVICES) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 16, 2011 AGENDA ITEM NO. 3 fEM TITLE: Interviews and Appointments — Various Boards & Commissions PREPARED BY: Michael R. Della' PHONE: 619-336-4226 EXPLANATION: See attached Status Report. Summary of recommended actions at this meeting. • Art Committee • Library Board • Parks, Rec & Senior Advisory • Civil Service • CPRC MTS Port Art DEPARTMENT: City CI APPROVED BY: :4 Interview new applicant. Take action to fill expired term. Interview applicants. Take action to fill current vacancy. Take no action at this time on term expiring September 30"'. Interview new applicant. Take no action at this time on terms expiring September 30th. Take no action at this time. No applications have been submitted. Take no action at this time. Take action as appropriate. Take action as appropriate. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Take action as outlined above. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: tus Report, Summary of vacancies, applicants and expired terms ..�..plications August 8, 2011 TO: FROM: SUBJECT: OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, CA 91950 Michael R. Dalla, CMC — City Clerk 619-336-4228 phone 619-336-4229 fax Mayor / City Council Michael Dalla, City Clerk Status Report - Boards and Commissions There are currently four (4) new applicants to be interviewed. They have all been invited to be present for interview Notice of Vacancies and Expired terms have been advertised in the newspaper and posted on bulletin boards and the city's web page. If you are aware of any other interested applicants, please encourage them to apply as soon as possible. Below you will find a summary of the status of Boards & Commissions needing Council consideration. ART COMMITTEE Appointing Authority Members: Terms Expire: Meetings are held: Staffing Provided by: Mayor with approval of City Council 5 September 30th Quarterly Community Services Current Status: There has been one expired term on the Art Committee since June 2010. Six applicants, including two incumbent members, are eligible for appointment. One (1) new application has been received. CIVIL SERVICE COMMISSION Appointing Authority City Council Members: 5 Terms expire: September 30th Meets: 6 times per year Staffing Provided by: Human Resources Current Status: There is one (1) current vacancy on the Commission due to a resignation and one (1) term on the Commission will expire on September 30, 2011. There are no current applications on file. COMMUNITY AND POLICE RELATIONS COMMISSION (CPRC) Appointing Authority Mayor with approval of City Council Members: 8 (7 voting / 5 residents and 2 non-residents) Terms expire: March 31st Meets: 4 times per year Staffing Provided by: Community Services Current Status: Appointments to the CPRC should be deferred until new bi- laws are adopted clarifying the appointment process and a new application is prepared. LIBRARY BOARD OF TRUSTEES Appointing Authority Mayor with approval of City Council Members: 5 Terms Expire: September 30th Meets: Monthly Staffing Provided by: Library Staff Current Status: There is one (1) current vacancy on the Board due to a resignation and two (2) terms will expire on September 30, 2011. There are two (2) new applications on file. PARKS, RECREATION AND SENIOR CITIZENS ADVISORY BOARD Appointing Authority Mayor with approval of City Council Members: 7 Terms Expire: September 30th Meets: Every two months Staffing Provided by: Community Services Current Status: Four (4) terms on the PRSCAB will expire on September 30, 2011. There is one (1) new application on file. REGIONAL BOARDS AND COMMITTEES Metropolitan Transit System Board (MTS) Appointing Authority: Mayor with approval of City Council Current Representative Primary — Jess Van Deventer Rosalie Zarate (Alternate) Current Status: Jess Van Deventer has been appointed to the Sweetwater Authority Board but continues to serve on MTS pending appointment of a successor. Those eligible for appointment to MTS are limited to current or former elected officials from National City. Port of San Diego Public Art Committee Current Representative Chris Zapata Current Status: Per revised Port District policy, a new representative must be appointed who is not an employee or official of the City. APPLICATION SUMMARY ART / CIVIL SERVICE / LIBRARY / PARKS RECREATION SENIOR CITIZEN ADVISORY BOARD Parks Recreation & Senior Citizen Art Library Civil Service Advisory Board Request Applicants Interviewed Re -Appoint Vacancies Expterm 0 0 1 1 4** 1 2 1** Luis Banaga N x Wayne English N x Gloria Bird N x Shane Uriarte N x Darryl Gorham Y x Frank Bueno Y _ Yes 1 Christina Chacon Y Yes 1 William Ramsey Y 1 Vener Yambao Y 1 Pearl Quinones Y x 1 = First Choice x = Willing to serve ** = On Sep 30th 3 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES _ Civil Service Commission Community & Police Relations Commission` Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Planning Commission Public Art Committee* Traffic Safety Committee Sweetwater Authority Note: Applicants must be residents of the City of National City except for those marked by an * Name: CP !GT/lC_) /3-^c G Home Address: i r-f C s fr Business Affiliation: ck Business Address: n o� Tel. No.: Title: Tel. No.: Length of Residence in National City: f San Diego County: Z 6yr5 California: 2 G �s Educational Background: 4 S `ti 6 / /c �/ s .r C D //P) e Occupational Experience: s Professional or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous Public Service Appointments: ^d,e - Experience or Special Knowledge Pertaining to Area of Interest: e Have you ever been convicted of a crime? No: Yes: iC Date: / _- 3 / // Signature: Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. Residency requirements may not apply This documents is filed as a public document nevised: 12/02/10 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Community & Police Relations Commission* Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Planning Commission Public Art Committee* Traffic Safety Committee Sweetwater Authority Note: Applicants must be residents of the City of National City except for those marked by an * Name: (L-e l2/f-=} 25j12D Home Address: Business Affiliation: rl/4 Business Address: N 4- Tel.No.07r j(IL 77-5&ei7 Title: Tel. No.: Length of Residence in National City: f5-yert an Diego County:s y,2S California: S ,e 5 Educational Background: 2 Yz- 7 e Occupational Experience: y Z d K �� Professional or Technical Organization Memberships: i (2.v� Civic or Community Experience, Membership, or Previous Public Service Appointments: /fez-/3 oz oA)(I c'F gc/ 5 7y /s -P, Experience or Special Knowledge Pertaining to Area of Interest: /4/4 /3 F N U‘-7z--r- EL2 7 / 1e/2,waZy 7/-1F 7 s Have you ever- been convicted of a crime? No: � Yes: Date: 3/7 Signature:_ Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. *Residency requirements may not apply This documents is tiled as a public document Revised: 12/02/10 YVc-P 5 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Community & Police Relations Commission* Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Planning Commission Public Art Committee* Traffic Safety Committee Sweetwater Authority Note: Applicants must be residents of the City of National City except for those marked by an Name: ✓vAlitJ� 2-/ Home Address: 2 7/0 1<7 L ,r-z,¢A__). 7 f( « ''7 Z / Z`f Tel. No.: 6---`' 7 Business Affiliation: E1 y(J/CS ( Samo( Title: (// C.0 i ` (� Business Address: 1 _$ I % 2 �^ - Et— - � ( l / (TeDl. No.:611 267 6, c-6 Length of Residence in National City: cj San Diego County: 2471 California: Educational Background: 6 24 0 YC/-1-0Z-06-`7z SGCC�e 2 E S7%T 1 azi)/r2E��2SI Occupational Experience: (2. E 44,_(( 4)--) Professional or Technical Organization Memberships: wtf( 5 /-- Ff� xIA))1 CZ711ir.1 l bVfg1 co�rr�r ( %� C c w 4e�oG. Or / 7-zyzf s',D((Qf Civic or Community Experience, Membership, or Previous Public Service Appointments: 7i�sls PYL Ur r r P -k L/ull {-e,,�, /, ezC f1:t/N7iJG- U / G ci-oZ,2 Experience or Special Knowledge Pertaining to Area of Interest: M, :)1/-42 S p 4-43 /K i11 c FOG AJL27 o,v / / Have you ever been convicted of a crime? No: Date: 7 `2 ( rl Signature: Yes: X I g6 1 t 6J Jo-f-\J (17--70 0 Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document 0 0 n r-- o0 ievised:1 12/02/10 N co 6 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Community & Police Relations Commission" v Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board RECEIVED C11 Y CLERE Planning Commission Public Art Committee* 2011 MAR I 0 A 10: Traffic Safety Committee Sweetwater Authority CITY OF NATIONAL C, Note: Applicants must be residents of the City of National City except for those marked by an ` Name: Home Address: 23 / 7 L 14V — if/4 ho &— (e. OA • Tel. No.: 1 / 9, Z o 1- 6 72 r Business Affiliation: _C(eCI? &s A Coa. f ( Title: e,w s -- Business Address: /i32- c PIA 4- 8/✓f• (e & t.. 2-03- Z19 TeL No: (60)2o�-64Zr Length of Residence in National City: S' San Diego County: 2 0 California: 2 Educational Background: 14;lit $ckeol p; Qlo>. Occupational Experience: E/ecir. ( evh{r�f.�/ E/ecfrze.. ( /A. f&l /v,- Professional or Technical Organization Memberships: Hakkk.c 1 e; ( e&At„12-¢, Of co+ rime_ Civic or Community Experience, Membership, or Previous Public Service Appointments: fre-S.•Iz..t 4- IA ,✓.��i r~.c/ W tea . Experience or Special Knowledge Pertaining to Area of Interest: Scwerd- dr ecty Have you ever been convicted of a crime? No: Yes: r/ tyke-, / !./q Date: 3 - Signature: - n /C:0 Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. ' Residency requirements may not apply This documents is filed as a public document Revised: 12/02/10 ITEM #6 8/16/11 APPROVAL OF THE MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION SPECIAL MEETING OF JULY 5, 2011 AND THE ADJOURNED REGULAR MEETING OF AUGUST 2, 2011 (CITY CLERK) City of National City e%16/11 Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." ® Recycled Paper CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 16, 2011 AGENDA ITEM NO. 8 EM TITLE: Resolution of the City Council of the City of National City authorizing the conversion of 100 feet of existing red curb and 200 feet of existing "unrestricted" parking to 1-Minute, time -restricted Passenger Loading on the 500 block of E. 301h Street adjacent to Sweetwater High School to improve student drop-off / pick-up and enhance safety (TSC Item No. 2011-20) PREPARED BY: Stephen Manganiello, Traffic Engineer4 Z$ DEPARTMENT: Develo• ►�' ies / PHONE: 619-336-4382 APPROVED BY: E EXPLANATION: See attached. 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 August 10, 2011 the Traffic Safety Committee approved the staff recommendation to establish a Passenger Loading zone on the 500 block of E. 30th Street, adjacent to Sweetwater High. ATTACHMENTS: Explanation z. resolution 3. Staff Report to the Traffic Safety Committee (August 10, 2011) Explanation Through coordination with Sweetwater High School administrative staff regarding student drop-off/pick-up needs, City engineering staff has identified an opportunity to create additional passenger loading on E. 30th Street adjacent to the high school. Assistant Principal Rich Carreon has acknowledged that the current passenger loading zones on E. 30th Street are not long enough to accommodate the current demand of parent drivers. Parents have been observed dropping off students in red curb "No Parking" zones along E. 30th Street. On the 500 block of E. 30th Street, adjacent to the high school and football field, there is approximately 200 feet of "unrestricted" parking currently being used by high school staff. The entrance to the school is located within a few hundred feet of this parking area. With the recent expansion of the staff parking lot on E. 28th Street and ample available parking on D Avenue, the principal and assistant principals of Sweetwater High support conversion of this parking area to Passenger Loading (see attached correspondence). Engineering staff also measured approximately 100 feet of existing red curb that could be converted to Passenger Loading. In total, approximately 300 feet of Passenger Loading would be provided for parents to drop-off/pick-up their children. This would enhance safety by providing alternative loading for parent drivers, thereby alleviating the potential for parents to illegally parking in red curb zones. Therefore, staff recommends conversion of 100 feet of existing red curb and 200 feet of existing "unrestricted" parking to 1-Minute Passenger Loading (restricted from 7:OOAM-8:OOAM and 2:OOPM-3:30PM, M-F) on the 500 block of E. 30th Street adjacent to Sweetwater High School to improve student drop-off / pick-up and enhance safety. At their meeting on August 10, 2011 the Traffic Safety Committee "unanimously" approved the staff recommendation. All work will be completed by City Public Works. TSC 2011-20 RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CONVERSION OF 100 FEET OF EXISTING RED CURB AND 200 FEET OF EXISTING "UNRESTRICTED" PARKING TO ONE -MINUTE TIME RESTRICTED PASSENGER LOADING PARKING ON THE 500 BLOCK OF EAST 30TH STREET, ADJACENT TO SWEETWATER HIGH SCHOOL TO IMPROVE STUDENT DROP-OFF/PICK-UP AND ENHANCE SAFETY WHEREAS, through coordination with Sweetwater High School administrative staff regarding student drop-off/pick-up needs, City engineering staff has identified an opportunity to create additional passenger loading on East 30th Street, adjacent to the high school; and WHEREAS, on the 500 block of East 30th Street, adjacent to the high school and football field, there is approximately 200 feet of "unrestricted" parking currently being used by high school staff. With the recent expansion of the staff parking lot on East 28th Street and ample available parking on D Avenue, the principal and assistant principals of Sweetwater High School support conversion of the 200 feet of "unrestricted" parking on East 30th Street to one - minute time restricted Passenger Loading parking; and WHEREAS, there is approximately 100 feet of existing red curb on the 500 block of East 30th Street that could be converted to one -minute, time restricted Passenger Loading parking, which would enhance safety by providing alternative loading/unloading for drivers; and WHEREAS, staff recommends conversion of 100 feet of existing red curb and 200 feet of existing "unrestricted" parking to one -minute time restricted Passenger Loading parking; and WHEREAS, the Traffic Safety Committee approved staff's recommendation at its August 10, 2011 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to convert 100 feet of existing red curb and 200 feet of existing "unrestricted" parking to one -minute, time restricted Passenger Loading parking on the 500 block of East 30th Street, adjacent to the high school and football field. PASSED and ADOPTED this 16th day of August, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia G. Silva City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR AUGUST 10, 2011 ITEM TITLE: ITEM NO. 2011-20 REQUEST FOR PASSENGER LOADING FOR STUDENT DROP-OFF/PICK-UP ON THE 500 BLOCK OF E. 30TH STREET ADJACENT TO SWEETWATER HIGH SCHOOL (BY R. CARREON) PREPARED BY: Stephen Manganieilo, Engineering Department DISCUSSION: Through coordination with Sweetwater High School administrative staff regarding student drop-off/pick-up needs, City engineering staff has identified an opportunity to create additional passenger loading on E. 30` Street adjacent to the high school_ Assistant Principal Rich Carreon has acknowledged that the current passenger loading zones on E. 30th Street are not long enough to accommodate the current demand of parent drivers. Parents have been observed dropping off students in red curb "No Parking" zones along E. 30th Street. On the 500 block of E. 30`h Street, adjacent to the high school and football field, there is approximately 200 feet of "unrestricted" parking currently being used by high school staff. The entrance to the school is located within a few hundred feet of this parking area. With the recent expansion of the staff parking lot on E. 28th Street and ample available parking on D Avenue, the principal and assistant principals of Sweetwater High support conversion of this parking area to Passenger Loading (see attached correspondence). Engineering staff also measured approximately 100 feet of existing red curb that could be converted to Passenger Loading. In total, approximately 300 feet of Passenger Loading would be provided for parents to drop-off/pick-up their children. This would enhance safety by providing alternative loading for parent drivers, thereby alleviating the potential for parents to illegally parking in red curb zones. STAFF RECOMMENDATION: Staff recommends conversion of 100 feet of existing red curb and 200 feet of existing "unrestricted" parking to 1-Minute Passenger Loading (restricted from 7:OOAM-8:OOAM and 2:OOPM-3:30PM, M-F) on the 500 block of E. 30th Street adjacent to Sweetwater High School to improve student drop-off / pick-up and enhance safety. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2011-20 1 Stephen Manganiello From: Richard Carreon [Richard.Carreon©sweetwaterschools.orgj Sent: Thursday, July 28, 2011 2:27 PM To: Stephen Manganiello Cc: Roman Del Rosario; Michael Govea; Monica Raczkowski Subject: Loading zones on 30th. Eli Steve, Per our conversation this morning SUM- will support the proposal of extending the loading zone on the northwest side of 30th street. I agree that this will increase the area where parents can safely drop off students and still maintain our bus loading zones in front of our old gymnasium. It is understood that there will be approximately six to seven parking_ spots lost to the extended loading zone. Maintaining the current bus loading zone is important to both home and visiting athletic teams. This also keeps the area in front of the gym clear of vehicles during events. Thanks Steve, Rich 1 2 Location Map Convert 100' existing red curb and 200' unrestricted parking to 300' of time -restricted Passenger Loading w 500 block E. 30th Street, adjacent to Sweetwater High School (looking northeast) 500 Klock E. 30th Street, adjacent to Sweetwater High School (looking northwest) 4 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 16, 2011 AGENDA ITEM NO. 9 EM TITLE: Resolution of the City Council to revise City Council Policy No.707 entitled "Alcohol Beverage License Application Review Process" to incorporate standards for new alcohol Conditional Use Permits PREPARED BY: Martin Reeder DEPARTMENT: DeveloI9nning. PHONE: 619-336-4313 APPROVED BY. EXPLANATION: The City Council conducted a hearing on this item at the July 5, 2011 City Council meeting. Based on Council discussion on the applicability of the different Conditions of Approval, language has been added to the Council Policy to specify which conditions would apply to what type of alcohol CUP. For example, a condition limiting the quantities in which beer and wine products can be sold at a grocery store (off -sale alcohol) would not be applied to a CUP for beer and wine at a restaurant (on -sale alcohol). These Conditions of Approval are consistent with recent approvals for off -sale alcohol licenses, which have generally limited outlets to beer and wine sales only (no distilled spirits).The amended Council Policy is attached for your review. The attached resolution is needed to take action on the item. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Amended Council Policy 707 2. Resolution CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12. 1991 AMENDED OR REVISED: August 16, 2011 PURPOSE/BACKGROUND: Page 1 of 4 To streamline the process of alcohol license application review to ensure timely staff responses and/or protests to the Department of Alcoholic Beverage Control regarding these applications. The City Municipal Code requires Conditional Use Permits for the sale of alcohol. Such land use regulation is designed to ensure that the health, safety and welfare of the community does not become negatively impacted. In order to minimize any potential adverse effects of alcohol sales for both on and off -site consumption, including public drunkenness, disorderly conduct, illegal sales or domestic violence, the City adopts conditions of approvals and enact policies designed to protect the public from such effects. The following sets forth the City Council's policy on the applicable alcohol standards for Conditional Use Permit applications for both on and off -sale alcohol sales, as well as the Department of Alcoholic Beverage Control application notification requirements. POLICY: The Department of Alcoholic Beverage Control (ABC) sends copies of all alcoholic beverage license applications to the Police Department. The City has thirty days from the date of the ABC mailing to provide comments to the ABC. If no protests are received within that time period, the ABC issues the license. The Police Department is responsible for ensuring that an appropriate Conditional Use Permit (CUP) exists for the applicant business. If such a CUP exists, the copy of the application is simply filed by the Police Department in the existing file with the notation that there were no objections to the issuance of the license. If it is a new (in the case of an "original" license application) or expanding business or one seeking a license to effect a premises transfer, and no CUP exists, the Police Department is responsible for sending a letter to the ABC protesting the issuance of the license until a CUP is issued by the City. Whenever such a protest letter is sent to the ABC, that agency notifies the applicant that they must begin the process of obtaining a CUP with the City's Planning Division and that the issuance of the alcoholic beverage license will be delayed until such time as the protest is withdrawn. CITY OF NATIONAL CITY i CITY COUNCIL POLICY TITLE. Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: August 16, 2011 Page 2 of 4 Once a CUP has been issued, the Planning Division notifies the Police Department of that issuance and it is then the responsibility of the Police Department to notify the ABC that the protest is withdrawn. The CUP application, approval and issuance process is such that it provides all the checks, balances and controls necessary to ensure that businesses seeking alcoholic beverage licenses are in compliance with local standards. These conditions of approval shall apply to all new Conditional Use Permits (CUPs) for the sale of alcohol for on and/or off -site consumption and modifications of existing CUPs for such sales as specified by the preceding parenthetical references with each condition. These references specify to which type of alcohol CUP being applied for the conditions would apply to — on -sale (restaurant, bar, etc) or off -sale (market, grocery store, etc). Regulation of these conditions and allowances shall be enforced through the Conditional Use Permit process, specifically conditions of approval to read as follows: 1. (off -sale alcohol) The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 2. (off -sale alcohol) No beer products shall be sold of less than manufacturer's pre- packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 3. (off -sale alcohol) No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 4. (off -sale alcohol) Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre- packaged multi -unit quantities. 5. (off -sale alcohol) The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 6. (off -sale alcohol) All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. CITY OF NATIONAL CITY 2 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: August 16, 2011 Page 3 of 4 7. (off -sale alcohol) Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 8. (off -sale alcohol) The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit , Case File No. , dated 9. (off -sale alcohol) Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. 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. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 10. (off -sale alcohol) Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 11. (off -sale alcohol) 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. 12. (off -sale alcohol) The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 13. (on and off -sale alcohol) All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part - CITY OF NATIONAL CITY 3 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: August 16, 2011 Page 4of4 - of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 14. (on -sale alcohol) 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 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. 15. (on -sale alcohol) Alcohol shall be available only in conjunction with the purchase of food. 16. (on -sale alcohol with patio) Permittee shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off -premises. The sale of three -packs of 24-oz cans of beer shall apply retroactively to all existing off -sale CUPs where a condition exists limiting sales to no less than six-pack quantities. However, business wishing to avail themselves of this modification must conform with all regulations of the Department of Alcoholic Beverage Control (ABC). The Council may, at its sole discretion, choose to waive or modify any of the above conditions. CITY OF NATIONAL CITY 4 RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AMENDED CITY COUNCIL POLICY 707 REGARDING "ALCOHOL BEVERAGE LICENSE APPLICATION REVIEW PROCESS" TO INCORPORATE STANDARDS FOR ALCOHOL CONDITIONAL USE PERMITS BE IT RESOLVED by the City Council of the City of National City that City Council Policy 707, entitled "Alcohol Beverage License Application Review Process" is adopted as amended and recommended by the Development Services Director to incorporate standards for new alcohol Conditional Use Permits, and to be re -titled "Alcohol Beverage License Application Review Process and Alcohol Conditional Use Permit Standards". PASSED and ADOPTED this 16th day of August, 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: August 16, 2011 AGENDA ITEM NO. 10 TEM TITLE: Kesolution authorizing the Mayor to execute a Memorandum of Understanding between the California Enterprise Zone Program and the expanded San Diego Regional Enterprise Zone and submit documents to effect an award of final designation to the San Diego Regional Enterprise Zone. PREPARED BY: Alfredo Ybarr PHONE: 619 336-4279 EXPLANATION: DEPARTMENT: Administrative Services APPROVED BY: Adoption of this resolution would authorize the Mayor to execute and deliver a "Memorandum of Understanding (MOU) between the California Enterprise Zone Program and the San Diego Regional Enterprise Zone (SDREZ)." The San Diego Regional Enterprise Zone is a fifteen (15) year partnership between local governments and private companies to generate new private sector investments and growth with the state providing tax credits and incentives to Enterprise Zone businesses. The purpose of the SDREZ is to : 1) promote "smart growth" by revitalizing chronically deteriorated areas; 2) hire the most difficult to hire residents in private sector jobs and 3) retain, expand, and reward businesses that participate in these objectives. The SDREZ offers a special opportunity to the region to continue to implement economic development and job creation program incentives in areas with significantly high levels of low and moderate income residents. Because San Diego's economy is regional in nature, continuing the collaborative relations with other local cities, 1 district, and the state to offer business incentives increases the regions ability to compete with other regions, ate new jobs and increase investment in our county. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS There will be ongoing staff time required to administer the SDREZ during the designation period as detailed in the SDREZ Partnership MOU approved by the City Council on March 2, 2010. ENVIRONMENTAL REVIEW: On April 21, 2009, the City Council accepted the certified Environmental Impact Report for the SDREZ, as required by the State of California Department of Housing and Community Development. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION:. Adopt Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: ". Background . Draft HCD MOU 3. SDREZ Fact Sheet RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CALIFORNIA ENTERPRISE ZONE PROGRAM AND THE SAN DIEGO REGIONAL ENTERPRISE ZONE, AND TO SUBMIT DOCUMENTS TO EFFECT AN AWARD OF FINAL DESIGNATION TO THE SAN DIEGO REGIONAL ENTERPRISE ZONE WHEREAS, the California Housing and Community Development Department ("HCD") oversees the Enterprise Tax Incentives Program whose goal is to stimulate growth in economically depressed areas of the State; and WHEREAS, the City of National City joined with the Cities of San Diego and Chula Vista (the "Partnership") to be designated as a regional Enterprise Zone; and WHEREAS, on August 22, 2006, the City Council adopted Resolution No. 2006- 175, authorizing submission of an application to the HCD for a San Diego Regional Enterprise Zone ("SDREZ") designation, which would include the Partnership, and directing the Mayor to execute the necessary documents and agreements related to the application process; and WHEREAS, on November 3, 2006, HCD awarded conditional SDREZ designation, and in a January 17, 2007 letter set forth conditions to be satisfied prior to the final SDREZ designation (the "Conditions"); and WHEREAS, on April 21, 2009, an Environmental Impact Report ("EIR") was considered and certified by City of San Diego; and WHEREAS, the EIR for the SDREZ has been completed and is on file in the Office of the City Clerk; and WHEREAS, on April 21, 2009, the City Council adopted Resolution No. 2009-83 accepting the certified final EIR, and WHEREAS, on July 29, 2009, the City Council adopted Resolution No. 2009-118 adopting the modified boundaries of the SDREZ; and WHEREAS, on March 2, 2010, the City Council adopted Resolution No. 2010-32 authorizing the Mayor execute the Operating MOU and Budget for the SDREZ Partnership; and WHEREAS, on July 20, 2010, the City Council adopted Resolution No. 2010-168 expanded and modified the boundaries to the SDREZ; and WHEREAS, the SDREZ Partners have satisfied all required designation conditions and are seeking a final 15-year designation of the SDREZ through the execution of the necessary "Memoranda of Understanding between the California Enterprise Zone Program and the San Diego Regional Enterprise Zone"; and NOW THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor or his designee to execute and deliver the "Memorandum of Understanding between the California Enterprise Zone Program and the San Diego Regional Enterprise Zone" substantially in the form and content on file in the Office of the City Clerk. Resolution No. 2011 — Page Two PASSED and ADOPTED this 16th day of August, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Attachment 1 BACKGROUND In 1986 and 1992 the City of San Diego received approval for two enterprise zone (EZ) designations, the Metro Enterprise Zone (1986) and the South Bay Enterprise Zone (1992). In 2000 and again in 2004, the South Bay Enterprise Zone was expanded to include properties along the San Diego Bay front redevelopment areas of the cities of Chula Vista and National City. In turn, the cities of Chula Vista and National City, in collaboration with the San Diego United Port District, provided funding to the City of San Diego to support the cost of managing the program and marketing the zone. The Metro Enterprise Zone expired on October 14, 2006, and the South Bay Enterprise Zone was set to expire on January 27, 2007. In 2006, the City Council approved a resolution authorizing submission of an application to the State of California Housing and Community Development Department (HCD) for a regional EZ designation for the cities of San Diego, Chula Vista and National City ("SDREZ Partners"). The Partnership received "Conditional Approval" from HCD on November 3, 2006. Except for the City of National City authorizing execution of the HCD Agreement, the Partnership has now completed all the necessary steps for final approval designation. The process for EZ designation is competitive and is based on economic need (distressed communities, need for private investment, high unemployment, and low income census tracts). The application also had to include realistic yet ambitious marketing and job development strategies to implement the EZ program along with other Local economic development strategics and tools. Purpose and Benefits of the SDREZ Program The legislative purpose of the EZ program is to "stimulate business and industrial growth in the depressed areas of the State". The other purposes are to establish a program "to help attract business and industry to the state, to help retain and expand existing state business and industry, and to create increased job opportunities for all Californians. Local jurisdictions must provide additional local incentives throughout the 15-year designation. Businesses located within the SDREZ may receive individual or corporate state tax incentives/credits to reduce a company's state tax liability dollar per dollar. Any unused tax credits may be carried forward to reduce future tax year's liabilities. Attachment 3 (SDREZ Fact Sheet) provides a brief description of the state tax benefits available to SDREZ businesses. The EZ, program has made a significant impact on the local economy. The SDREZ program is a fifteen (15) year designation and offers tremendous business incentives and helps the region retain employers and attract new ones Discussion In November 2006, the City of San Diego, as the lead agency for the SDREZ, was notified that it was awarded a conditional EZ designation. Final designation is contingent upon completion of the conditions imposed for the designation by FICD. Except for the 1 Attachment 1 City of National City authorizing execution of the HCD Agreement, the SDREZ Partners have completed all required conditions and engaged in the task of seeking final designation of the SDREZ. These tasks included executing the necessary Memoranda of Understanding (MOU) between the SDREZ Partners outlining administrative roles and responsibilities as well as the budget for the SDREZ, and the MOU between the SDREZ Partners and the HCD (Attachment "2" HCD MOU). HCD has accepted all of the required documents and has awarded final designation subject to the City of National authorizing execution and final execution of the HCD MOU. CONCLUSION: The official designation of the SDREZ by the State HCD will allow a significant economic and employment incentive program to continue in the cities of San Diego, Chula Vista and National City. A cooperative framework for managing this unique opportunity to provide business tax incentives in the region has been formalized in the Memorandum of Understanding (MOU) between the SDREZ Partners as well as the SDREZ Partners' commitment to the fifteen (15) year SDREZ designation. The SDREZ is a special opportunity to continue to implement economic development and job creation program incentives in areas within the region with significantly high levels of unemployment and/or help residents of low and moderate income census tract communities to obtain employment. 2 Attachment 2 California Enterprise Zones MEMORANDUM OF UNDERSTANDING BETWEEN THE CALIFORNIA ENTERPRISE ZONE PROGRAM AND THE SAN DIEGO REGIONAL ENTERPRISE ZONE An agreement establishing the San Diego Regional Enterprise Zone pursuant to the California Enterprise Zone Program. 1. PURPOSE OF AGREEMENT This Memorandum of Under ending (hereinafte€."Agreement") constitutes i „fr official notification of the designation°of the San Diego Regional Enterprise Zone (the "Contractor") under the California Enterprise Zone, Program (the "Program") administered bthe State of California's Department of Housing and Community Devefopmen' The Program is authorized and governed;�by California Government Code Section 7070, et seq. (the "P%ograr Statutes") and the California Code of Regulations, Title25, Section 84`80, et,seq. (the "Program Regulations") all as vxt Ph, Py e Y amended from ti e�to time �.In accepting this designation, the Contractor agrees to comply with(a) the Program Statutes; (b) the Program Regulations; (c) the representations contained in the Contractor's Application made in response�to the Requests or Proposal (the "Application"), which is hereby incorporated i to this Ag ement; and (d) the terms and conditions of this Agreement and ;its Supplement. 2. DEFINITION OF TERMS Capitalized terms as used in this Agreement have the following definitions: A. "Act" means the Enterprise Zone Act, as defined in Government Code Section 7070. B. "Department" means the State of California's Department of Housing and Community Development (HCD) or its successor. HCD has legislative authority and responsibility for the Enterprise Zone Program. C. "Agreement" means this Memorandum of Understanding. San Diego Regional Enterprise Zone Memorandum of Understanding Page 2 of 9 D. "Application" means San Diego Regional Enterprise Zone's Application submitted to the Department. E. "Audit" means any program performance audits of the San Diego Regional Enterprise Zone conducted by the Department, including an audit as described in Government Code Section 7076.1. "Contractor" means the San Diego Regional Enterprise Zone with The City if San Diego Business incentives program as the lead agency only, obligated and committed to providing goods and/or services, as referenced in the Application. G. "De -designation" or "De -designate," means the Department's action terminating this agreement, and/or rescinding the Enterprise Zone designation in the event of non-performance as described in Government Code Sections 7076.1 and 7076.2. "Enterprise Zone" means the San Diego Regional Enterprise Zone consisting of 34,720 acres located within the Cities of San Diego, Chula Vista and National City within the County of San Diego. I. "Plan" means the Economic Development Plan prepared and adopted for the San Diego Regional Enterprise Zone and the California Enterprise Zone designation. J. "Program" means the State of California's Enterprise Zone Program administered by the Department of Housing and Community Development. K. "Program Income" means income earned from the evaluation of forms and supporting documentation submitted in application for a voucher, whether or not such application is approved. L. "Program Manager" means the primary contact as defined in the Application. M. "Voucher" or "Certificate" shall mean the certification described in subdivision (c)(1) of Revenue and Taxation Code Sections 17053.74 and 23622.7 and which contains all the information required by Section 8450.3 in a format provided by the Department. N. "Work" means the Enterprise Zone's program of activities contained within the Plan for the Marketing, Job Development, Program Management, Financing, Planning, Local Incentives and Vouchering of the San Diego Regional Enterprise Zone. 3. SCOPE OF WORK San Diego Regional Enterprise Zone Memorandum of Understanding Page 3 of 9 A. Contractor shall perform the Work as described in the Application, which is on file at the Department and which is incorporated herein by this reference. All written materials or alterations submitted during the Enterprise Zone designation period and which are approved in writing by the Program Manager are included in the Work. In the event of a conflict between the descriptions of the Work in the Application and as described in this Agreement, the description in this Agreement shall prevail. The State reserves the right to require the Contractor to modify any or all parts of this Agreement in order to comply with the Program Statutes or Program Regulations. B. Contractor shall provide all necessary administrative activities in support of the San Diego Regional Enterprise Zone. 4. AGREEMENT PERIOD This Agreement shall be in effect from October 15, 2006 through October 14, 2021 unless otherwise amended or terminated in writing by either party. After January 30, 2012 the Department shall Audit the Contractor to assure it has made satisfactory and reasonable progress in implementing the obligations set forth in the Application. 5. COUNTY AND DEPARTMENT PROGRAM COMMUNICATIONS The contact for this Agreement will be the City of San Diego Business Incentives Program Manager. The City of San Diego Business Incentives Program Manager, the primary contact, as stated in the San Diego Regional Enterprise Zone Final Application, is Lydia Moreno at (619) 236-6320. A. The Department of Housing and Community Development's representative for this Agreement is John Nunn, Jr., Enterprise Zone Program Manager. His telephone number is (916) 322-7555. B. All official communications from the Program to the Enterprise Zone shall be directed to the Division within which the Enterprise Zone Program operates at the following address: City of San Diego, Office of the Mayor, Economic Growth Services 1200 Third Avenue 14th Floor San Diego, CA 92101 Contact: Lydia Moreno D. All official communications from the Enterprise Zone to the Program shall be directed to: John Nunn, Jr., Manager 5 San Diego Regional Enterprise Zone Memorandum of Understanding Page 4 of 9 Enterprise Zone Program Department of Housing and Community Development Post Office Box 952054 Sacramento, CA 94252-2054 (916) 322-7555 6. PROGRAM ADMINISTRATIVE BUDGET: The San Diego Regional Enterprise Zone's Operational Budget for Year One provided under this Application shall be $361,040. 7. DEPARTMENT PROGRAM RESPONSIBILITIES: The Department shall have the following responsibilities: A. Inspections of Enterprise Zone Activity: Monitor, inspect and/or audit any San Diego Regional Enterprise Zone plans and activities performed hereunder to ensure compliance with the Enterprise Zone's responsibilities as defined in the Application, this Agreement and its Supplement, and applicable laws, regulations, and guidelines, and to take corrective actions as provided by law. B. Review and Approval of Plans, Agreements, and Products: Review and approve Vouchering, Marketing, Incentive, Financing, Management and other Plans, agreements, documents and products required by the Application or by law. C. Assistance: Provide technical assistance, consultation, research and analytical services to the San Diego Regional Enterprise Zone, if requested, as permitted by Program resources. 8. ENTERPRISE ZONE RESPONSIBILITIES: The Enterprise Zone shall have the following responsibilities: A. Performance: Generally, to make substantial and sustained efforts to revitalize the San Diego Regional Enterprise Zone areas through marketing, incentives and financing programs, job development and independent verification and issuance of vouchers. Specifically, to fulfill the terms, conditions, and level of effort (staffing, budget, marketing, contracting) set forth in this Agreement, including its Supplement, the Application and/or the Plan, as may be supplemented or superseded by regulations, guidelines, and other Program requirements during the designation period. 6 San Diego Regional Enterprise Zone Memorandum of Understanding Page 5 of 9 B. Performance Obligations - Third Party Relationships: Notwithstanding its designation of any third party for the undertaking of all or any part of the activities enumerated under this Agreement, the San Diego Regional Enterprise Zone shall remain fully obligated under the provisions of this Agreement. The San Diego Regional Enterprise Zone shall execute written agreements with third parties identified in the Application, if any, and/or the Plan for the performance of the San Diego Regional Enterprise Zone's related activities to ensure that the activities being provided under this designation are carried out in accordance with the Program requirements. C. Enterprise Zone Manager: To hire and fund an Enterprise Zone Manager, who shall be responsible for the San Diego Regional Enterprise Zone's budget, Plan, vouchering, and implementation of this Agreement. D. Enterprise Zone Budget/Maintenance of Effort: To establish, fund and maintain the Enterprise Zone budget, under the direction of the Enterprise Zone Manger, to implement the Economic Development Plan and Scope of Work. Without prior Department approval, the Enterprise Zone shall not reduce the budget, staff allocation, or modify subcontracts to agencies or community organizations identified in the Application as providing San Diego Regional Enterprise Zone services. E. Vouchering: 1. Voucherinq Administration - Contractor agrees to execute and maintain the vouchering plan and vouchering procedures outlined in the Application. The Vouchering Plan will assure that vouchers are properly issued in a timely manner, adequately controlled and accounted for in the vouchering system. Contractor is responsible for keeping records which fully disclose the vouchering system. Procedures must provide for the accurate and timely recordation of the receipt of the application fee, supporting documentation, independent verification and approval or denial of the voucher. Adequate documentation of each approved voucher application shall be maintained for a minimum of five years to permit the determination, through an audit if requested by the State, of the accuracy of the records and the eligibility of voucher applications. If the eligibility of a voucher cannot be determined because supporting documentation is inadequate, the voucher shall be disallowed. 2. Enterprise Zone Voucher — As of October 15, 2006 the Contractor or their agent shall begin accepting voucher applications and fees. The San Diego Regional Enterprise Zone must begin using the Department of Housing and Community Development's Enterprise Zone Voucher form to certify a business's participation with the Program. 3. Signatory Control - Unless the Department is notified otherwise in writing 1 San Diego Regional Enterprise Zone Memorandum of Understanding Page 6 of 9 by the Contractor, the Enterprise Zone Manager, as listed in Section 5, shall have final signatory approval or denial of all voucher applications. Voucher Application Fee: 1. Contractor agrees to establish a Voucher Application Fee ("Fee") and Bill Remittance Form ("Form") and maintain fiscal control and accounting procedures, which assures that the Fee received for the voucher application, is properly disbursed, adequately controlled and accounted for in a Program account. Contractor is responsible for keeping records, which fully disclose the amount and disposition of the proceeds of the fees. The procedure developed by Contractor must provide for the accurate and timely recordation of the receipt of Fees, and unexpended balances. Adequate documentation of each transaction shall be maintained to permit the determination, through an audit if requested by the State, of the accuracy of the records. For each voucher application accepted for processing, the Contractor shall disburse $15.00 to the Department in accordance with the Program Regulations. 2. Any fees remaining at the end of the designation period or de -designation date must be forwarded to the State. Checks must be made out to the Department of Housing and Community Development and shall be mailed within 180 days of the end of the designation period or de -designation date. G. Public -Private Participation: The Enterprise Zone shall be the institutional venue for the regular participation of public and private stakeholders in decisions affecting the Enterprise Zone, its Plan, work programs and the implementation of this Agreement. H. Network Participation: Ensure that the Enterprise Zone Manager and appropriate staff participate at meetings required by the Department, and at conferences of the California Association of Enterprise Zones or similar professional development organizations. I. Performance Reporting: Contractor agrees to establish a data collection system and maintain data collection procedures, which assures that all data are properly collected, adequately controlled and accounted for in the Annual Survey as required by Government Code Section 7085(b). Contractor is responsible for keeping records on all administrative and vouchering activities, which fully disclose the effect of the Enterprise Zone on employment and investment. The Contractor is required to collect data for the Annual Survey that the Department is required to provide annually to the Legislature. Unless specified otherwise in the Annual Survey, the Contractor will collect the data and submit it to the Department at the address noted in Section 5 of this Agreement. San Diego Regional Enterprise Zone Memorandum of Understanding Page 7 of 9 If an Annual Survey is not completed to the satisfaction of the Department, it will be returned to Contractor for revision. If the Annual Survey is not amended within 60 days of the due date, the Contractor will receive a negative audit finding pursuant to Government Code Section 7076.1. The Enterprise Zone's performance under this Agreement will be based in part on whether it has submitted complete reports on a timely basis. The Contractor shall prepare and submit report(s) of the Enterprise Zone's performance pursuant to a format, schedule and deadlines that the Department requires. The Annual Survey will review Enterprise Zone activity regarding business attraction, business retention, vouchering, and local success stories. The survey results from the San Diego Regional Enterprise Zone will be tabulated with all other enterprise zones to create the comprehensive report that is submitted to the Legislature. J. Audit: The Enterprise Zone shall maintain auditable voucher records at all times. California Government Code Section 7076.1 requires the Department to conduct an audit of each Enterprise Zone. The Department may schedule annual Audits. The Enterprise Zone agrees that the Department and their delegates have the right to receive, review, obtain, and copy all records pertaining to the Enterprise Zone and/or its vouchering activities. The Enterprise Zone further agrees to provide the Department or its delegates with any relevant information requested and shall permit the Department or its delegates access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with the designation, audit, or performance. The Enterprise Zone agrees to maintain all Enterprise Zone records, including voucher applications, vouchers and supporting documentation for a minimum of five (5) years after expiration of the Enterprise Zone designation. If so directed by the Department upon termination of this agreement, or De - designation of the Enterprise Zone, the Enterprise Zone shall cause all records, accounts, documentation and other materials related to the Enterprise Zone activity to be delivered to the Department. K. Conflict of Interest of Employees, or other Public Officials: No employee, member of the governing body, or public official who exercise any functions or responsibilities with respect to the program during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract, subcontract, or voucher, or the proceeds thereof, for activities performed in connection with the Enterprise Zone, and all such persons shall comply with Government Code Section10410, et seq., Public Contracts Code Section San Diego Regional Enterprise Zone Memorandum of Understanding Page 8 of 9 10410 et seq., and Government Code Section 81000 et seq. (Political Reform Act of 1974), as applicable. Failure to comply with this requirement may trigger an Audit. 9. AMENDMENT No amendment or variation of the terms of this Agreement shall be valid unless made in writing, and approved and signed by the parties to this Agreement. This Agreement supersedes any oral promises, representations, or other agreements with respect to the subject matter of this Agreement. 10. DISPUTES The Department shall monitor the Enterprise Zone for performance and compliance with this Agreement. Failure to meet the conditions of this Agreement may be grounds for de -designation. 11. DEDESIGNATION OF THE ENTERPRISE ZONE The Department may terminate this Agreement if the Enterprise Zone fails to succeed in the Audit process as described in Government Code Sections 7076.1 and 7076.2. The Zone will have failed to demonstrate success in making substantial and sustained efforts in meeting the goals and commitments as presented in the Application. The effect of the notice specified in this section shall be to terminate this Agreement and end Program designation of the Enterprise Zone 12. APPROVAL This Agreement, the Program's designation of the Enterprise Zone, as applicable, is not valid until approved by the Cities of San Diego, Chula Vista, and National City and signed by all parties. IN WITNESS WHEREOF, the parties have read, understand and agree to the terms and conditions as set forth in this Agreement on the day, month and year noted. 0 San Diego Regional Enterprise Zone Memorandum of Understanding Page 9 of 9 APPROVED by the member of the Enterprise Zone: City of National City, a California municipal corporation By: Date: Name: Ron Morrison Title: Mayor City of Chula Vista, a California municipal corporation By: Date: Name: James D. Sandoval Title: City Manager City of San Diego, a California municipal corporation By: Date: Name: Jay M. Goldstone Title: Chief Operating Officer Department of Housing and Community Development Enterprise Zone Program By: Date: John Nunn, Jr. Manager 11 A B Item Application Section MOU SUPPLEMENT The San Diego Regional Enterprise Zone's (SDREZ) Commitments And Performance Measures (October 15, 2006 to October 14, 2021) C Commitment D E Expected Outcome Performance Benchmark or Standard F Applicable Timeframe G Application Cross - Reference GENERAL GEN Performance Measurement To assess its performance, the enterprise zone will develop a methodology that effectively identifies the number of businesses retained, expanded, and attracted. A measure of the enterprise zone's performance. A methodology that accurately measures the enterprise zone's efforts to retain, expand, and attract businesses. Year 1 HCD A. MARKETING STRATEGY A.1 8h i2011 Explicit, quantifiable five-year goals to be accomplished in the first five years. AND PLAN The enterprise zone will accomplish the following marketing goals over the first five years of the zone: Market the SDREZ as "One Zone" multi - jurisdiction program and implement "One Zone marketing strategies: 1) Develop "One Zone" marketing materials in English and Spanish; 2) Issue 12,500 vouchers; 2) Assist approximately 3000 businesses; 3) Assist approximately 100 small businesses access local revitalization programs, i.e., SIP, etc. 4) Conduct between 10 to 15 technical 1 Evidence that the enterprise zone has progressed towards the accomplishment of its goals. 1) Beginning Year 1 and updating continuously thereafter 2) Five years 2) Five years 3) Five years SDREZ Five Year Goal, Tab 19. Note: See note in Item A.10 Annual Marketing Plan, Section 19, Page 37 Conditions Response, May 25, 2007, Condition #1 MOU SUPPLEMENT The San Diego Regional Enterprise Zone's (SDREZ) Commitments And Performance Measures (October 15, 2006 to October 14, 2021) workshops. 5) Conduct/participate in 3 to 10 Job Fairs and 5 Trade Shows. 6) Develop and maintain a system for reporting annually to HCD all requested information. 7) Market the SDREZ as part of a business attraction and retention strategy for targeted industries, including mfg., R&D, and technology ventures. 8) Support (50) business finance opportunities (loans/grants/rebates) with SDREZ businesses using local programs A.2 Business To retain businesses in the community, the See A.3. Retention/Activities enterprise zone will conduct the following activities: 1) Expand existing partnerships between public and private sectors by doing outreach and organizing or participating in periodic EZ informational sessions to industry groups, Chambers of Commerce, Business Improvement Districts (BIDs), and Community Economic Development Organizations to keep the SDREZ incentives in front of businesses and educate them on EZ benefits. A.3 Business Retention/Expansion Activities 8/8/2011 To expand businesses in the community, the enterprise zone will conduct the following activities: Commercial and Industrial Commercial: Retention/Expansion Goal - 125 commercial 2 Evidence that the enterprise zone has conducted the activities specified for business retention. Evidence that the enterprise zone has conducted the activities specified for business expansion. 4) Five years 5) Five years 6) Year 1 7) Year 5 8) Five years 1) Three times annually Section 19- SDREZ Business Retention Plan Pages 1, 2, and 3 Tab 11. Table 1 Section 12 - Annual Commercial Retention/Expansion Marketing Strategy (Table 1) Section 13 — MOU SUPPLEMENT The San Diego Regional Enterprise Zone's (SDREZ) Commitments And Performance Measures (October 15, 2006 to October 14, 2021) 1) Use EDC Prosperity Committee or similar committees as a warning network to notify appropriate agencies serving at risk businesses. This will provide assistance to impacted companies and address issues/concerns where appropriate. Effected employees will be directed to Career Centers and other agencies to obtain employment services and ensure that layoff and plant closure procedures are followed appropriately. 2) Improve existing downtown commercial mix and attractiveness by working with redevelopment agencies to identify prospective development projects and new businesses 3) Focus efforts to 4 groups; a) small locally owned "main street" businesses; b) base sector industries, i.e. manufacturers, clean/green tech businesses, warehouse/distribution businesses; c) redevelopment project areas; and 4) medical facilities. 8/8/2011 businesses and 1,250 jobs annually Industrial: Retention/Expansion Goal - 50 industrial businesses and 3,000 jobs annually. 3 1) Continuously 2) Continuously 3) Continuously Annual Industrial Retention/Expansion Marketing Strategy A.4 Business Attraction Activities 8/8/2011 MOU SUPPLEMENT The San Diego Regional Enterprise Zone's (SDREZ) Commitments And Performance Measures (October 15, 2006 to October 14, 2021) To attract businesses in the community, the San Diego Regional Enterprise Zone (SDREZ) will conduct the following activities: Commercial 1) Strengthen existing and develop new regional partnerships so that limited resources can be leveraged to support effective marketing and businesses development programs. 2) Use advertising to raise awareness of the entire enterprise zone region (as described in Advertising and Promotion Strategy, Tab 19, Pg 41). 3) Promote opportunities (such as mixed use development, facade improvement programs, business improvement districts) to businesses that will complement and improve the existing SDREZ downtown and "Main Street" commercial mix and will enhance the attractiveness of these areas. 4) Establish sales/marketing team which actively involves city representatives. 5) Develop fast -track building permit process for commercial/industrial construction projects. 6) Have available CD/DVD or video to promote regional industry attractiveness. Commercial Target 20 commercial businesses and 600 jobs annually. 4 Evidence that the enterprise zone has conducted the activities specified for business attraction. 1) Continuously 2) Annually 3) Continuously 4) Year 1 5) Year 1 6) Year 4 Section 12- Annual Commercial Attraction marketing Strategy. Section 12, Table 2, Page 3 (Develop and provide permit fast tracking assistance for new companies) MOU SUPPLEMENT The San Diego Regional Enterprise Zone's (SDREZ) Commitments And Performance Measures (October 15, 2006 to October 14, 2021) Work with EDCs, Chambers, Business Improvement Districts, Community Development Corporations and the World Trade Center San Diego to distribute videos to companies considering the San Diego Region a place to locate new business. 7) Conduct two marketing outreach trips to target companies seeking relocation and/or expansion opportunities. Industrial (Items 1 — 7 same as above) 8) Develop inventory of available industrial properties 8/8/2011 Industrial Target 50 industrial businesses and 1,500 jobs annually. 5 7) Annually 8) Year 2 Section 14, Table 4, Page 3 (Develop and provide permit fast tracking assistance for new companies) A.5 Sales Plan for Site Visits 8/8/2011 MOU SUPPLEMENT The San Diego Regional Enterprise Zone's (SDREZ) Commitments And Performance Measures (October 15, 2006 to October 14, 2021) The enterprise zone's sales plan for on -site visits to existing and/or new businesses will consist of the following activities: Each SDREZ partner city will manage the following activities: 1) Establish a business calling program to identify businesses for on -site visits. (The call program will continually screen and qualify targeted industries when companies locate within the SDREZ. 2) Automatic generation of SDREZ benefits packets with each business license application and follow up call/visit. 3) The SDREZ team will participate in 245 sales calls annually for retention, expansion, or attraction purposes. These sales calls will be to targeted companies for this specific purpose 4) Coordinate business site visits with economic development organizations targeting specific EZ areas. 6 Evidence that the enterprise zone has conducted the activities specified in its sales plan for on -site visits, 1) Continuously 2) Quarterly 3) Annually 4) Three (3) to four (4) times annually Section 19 - Page 43 thru 45 SDREZ Sales Plan for Business Outreach and Site Visits A.6 Advertising & Promotional Strategy 8/8/2011 MOU SUPPLEMENT' The San Diego Regional Enterprise Zone's (SDREZ) Commitments And Performance Measures (October 15, 2006 to October 14, 2021) The enterprise zone's advertising and promotional strategy will consist of the following activities: Advertising 1)Establish a staff/partner advertising steering committee to advise SDREZ staff on business sector driven advertising Promotion 2) Participate in speakers bureau & solicit speaking engagements 3) Partner with business and community development corporations to target outreach to low! -moderate income target areas, including tax preparation services. 4) Target small business members in BIDS and business organizations. SDREZ staff will provide EZ articles and other advertisements to be included in member newsletter. SDREZ will provide flyers on upcoming workshops which will be distributed to members. SDREZ will partner with BIDs to sponsor workshops for members. SDREZ will attend Small Business Advisory Board meeting. 5) Conduct Annual SDREZ Business recognition for EZ businesses and local partners. 7 Evidence that the enterprise zone has conducted the activities specified in its advertising and promotional strategy. Budget a minimum of $5,000 annually for paid advertisements. 1) Year 1 2) Annual beginning year 1 3 ) Three times annually 4) Year 1 5)Annually beginning year 4 Section 19, Advertising and Promotional Strategy Section 19 — SDREZ Comprehensive Marketing Strategy Section 19, Page 7, Section 19, Page 9 Section 19, Page 37 & 41 MOU SUPPLEMENT The San Diego Regional Enterprise Zone's (SDREZ) Commitments And Performance Measures (October 15, 2006 to October 14, 2021) 6) Other • Direct mail • 5 Trade shows and trade missions (see A.1) • Conduct or participate in EZ general informational and technical workshops with various stakeholders to increase awareness of incentives and opportunities in the designated area and to targeted audience to address more complex elements of program. Technical workshops will target tax practitioners to educate them on how EZ tax incentives may apply to tax payers doing business in the SDREZ. A.7 The Media Strategy The enterprise zone's media strategy will consist of the following activities: • Pitch local print and broadcast media on availability of incentives and other noteworthy activities including community newspapers and community based organization newsletters. • Develop a group of partners/businesses to serve as experts for media interviews to promote the program and speak from their perspectives. • Annually distribute news releases on Zone incentive workshops, job fairs, and other EZ newsworthy information to business 818 /2011 8 Evidence that the enterprise zone has conducted the activities specified in its media analysis. 6) Annually beginning year 2 Quarterly Year 2 Twice a year Section 19, - Advertising and Promotions Strategy Section 19, Page 43 Section 19, Page 43 Section 19, Page 43 A.8 Staff Commitment A.9 Budget Commitment A.10 Self -evaluation 8/8i2011 MOU SUPPLEMENT The San Diego Regional Enterprise Zone's (SDREZ) Commitments And Performance Measures (October 15, 2006 to October 14, 2021) organizations and local media. • Develop SDREZ incentive web -site with links to partner agency web -sites to market all related business incentive programs. The enterprise zone will commit the following staff to its marketing plans: SDREZ Zone Manager (.50 FTE), two (2) Business Assistance Managers (.50 FTE) The enterprise zone will commit the following budgets to its marketing plans: A minimum budget of $13,000 annually for the marketing program. Note: Staff will evaluate budget annually and will make adjustments to increase the overall marketing budget when feasible. The enterprise zone will conduct regular self - evaluations to determine the effectiveness of its marketing program. 9 Year 2 Staffing of one (1) FTE for the marketing Continuously program. A budget of $ 13,000 for the marketing program. Continuously Evidence that the enterprise zone has Annually conducted regular assessments of its marketing program, and made the necessary adjustments to ensure that the program operates effectively. Section 19, Page 43 Section 43 — Organizational Overview Section 43,Page 2 Section 41 - First MOU Relating To The San Diego Regional Enterprise Zone Page 8 Section 19 - Comprehensive Marketing Strategies Page 36 Note: Self -evaluation process is not clearly identified in the 2006 application but SDREZ staff has MOLT SUPPLEMENT The San Diego Regional Enterprise Zone's (SDREZ) Commitments And Performance Measures (October 15, 2006 to October 14, 2021) developed the attached document "SDREZ Five Year Goals" based on goals identified in 2006 application. B. Self Evaluation The enterprise zone will conduct regular self - evaluations to determine the effectiveness of its financing plan. Evidence that the enterprise zone has Annually conducted regular assessments of its financing program, and made the necessary adjustments to ensure that the program operates effectively. Section 24 - Financing Plan Page 15 Conditions Response, May 25, 2007, #3 C.1 8/8/2011 Training To maximize the participation of agencies and organizations that provide job development services for the unemployed and under- employed, the enterprise zone's jurisdiction will perform the following: 1) Create a job development team of all the participating entities, as indicated in the letters of commitment in the application, who will aggressively and cooperatively provide an array of services to both employers and residents of the San Diego Regional Enterprise zone including but not limited to: 10 Evidence that the jurisdiction has conducted the activities specified for the maximization of the job -development services. 1) Continuously Section 28 — Job Development Plan C.2 8/8/2011 Training MOU SUPPLEMENT The San Diego Regional Enterprise Zone's (SDREZ) Commitments And Performance Measures (October 15, 2006 to October 14, 2021) - Recruitment and Training evaluation - Screening and job linkages - Assess job seekers for EZ eligibility - Applicant pre-screening Facilities for job interviews - Labor market information - Job development technical support 2) EZ Manager call or send an email to job development agencies of the hiring and training needs of new/expanding businesses within zone .Additionally, the EZ manager will discuss business training needs and contacts made at the SDREZ partnership meeting. 3) EZ Manager to generate a quarterly status report on job development services rendered under the SDREZ's job development plan, i.e. training programs, skills and earnings increases, at -risk youth programs. To ensure that job development professionals are working with existing employers to partner with the local schools to develop and maintain a trained workforce that will meet labor requirements, the jurisdiction will perform the following: Evidence that the jurisdiction has performed the activities specified resulting in a partnership with local schools, the identity of the community's labor requirements, including the required skill sets for local employers, and a corresponding curriculum to meet these requirements. 2) Monthly 3) Quarterly -Facilitate at least two partnerships between business/industry and high schools to develop Annually 11 Section 28, Page 3 Page 4 Page 5 Section 28 — Job Development Plan Section 28 - Pages 8 HCD — Section 28, Page 6-7. C.3 8/8/2011 Training MOU SUPPLEMENT The San Diego Regional Enterprise Zone's (SDREZ) Commitments And Performance Measures (October 15, 2006 to October 14, 2021) workforce planning/training opportunities, i.e. scholarships. apprenticeships, etc. • To target, educate, and train the unemployed and underemployed in the applicant community, the jurisdiction will perform the following activities: Work with the San Diego Workforce Partnership (who manages the administrative affairs of the Workforce Investment Board) by integrating the EZ program and services with the SDWP/WIB Business Services model at the appropriate Career Centers (One Stops) by: Identify industry training, employment needs and skill gaps in the local workforces as they relate to key industries Work with San Diego Workforce Partnership and Local Career Centers to develop outreach program integrated with high schools to enhance early interest in key industry occupations 12 Evidence that the enterprise zone has conducted the activities specified to target, educate, and train the unemployed. Continuously Section 28 — Job Development Plan Pages 1 -9 Section 28, Page 4 Pages 6-9 C.4 Local Services 8/8/2011 MOU SUPPLEMENT The San Diego Regional Enterprise Zone's (SDREZ) Commitments And Performance Measures (October 15, 2006 to October 14, 2021) To integrate local services, including human service programs, into the enterprise zone program, the jurisdiction will perform the following: Maintain a minimum of one Enterprise Zone Employer Services Coordinator (ESC) position to be a collaborative partner of the Career Center's Business Service mode when targeting SDREZ companies. The ESC will work with Job Developers/Coordinators from 13 Evidence that the jurisdiction has conducted the activities specified for the integration of local services. Continuously Section 28 - Job Development Plan Pages 2-6 ; and Section 33 — Table 13 Agencies Providing Job and C.5 Agency Contributions 8/8/2011 MOU SUPPLEMENT The San Diego Regional Enterprise Zone's (SDREZ) Commitments And Performance Measures (October 15, 2006 to October 14, 2021) the Career Centers, South County, Metro and Employment South Metro Career Centers, which serve the Services to SDREZ area. The Business Services team Proposed Enterprise informs businesses of employment assistance Zones available to the business community. The team Pages 1-2 will educate businesses of the employment bas available in the SDREZ. Businesses will also be made aware of training programs, recruiting and other applicable services. The ESC will provide training to the SDREZ employers focusing on the EZ vouchering process. To commit sufficient local resources for coordination of the job development effort, the specific contributions that each agency and/or contractor will make to the implementation of the Economic Development Plan as it relates to job development are as follows: The following are local resources that contribute to implementation of the SDREZ job development plan: 1) Metro Career Centers (Operated by San Diego Career Opportunities Partners) 3910 University Avenue, Ste 100 San Diego, Ca 92101 2) South Western College Small Business Development & International Trade Center 900 Otay Lakes Rd., Bldg 14 Evidence that the agency and/contractor Continuously provided the contributions specified. Section 33, - Table 13, Agencies Providing Job and Employment Services to Proposed Enterprise Zones Pages 1-2 Section 33, - Table 13, Pages 1-2 MOU SUPPLEMENT The San Diego Regional Enterprise Zone's (SDREZ) Commitments And Performance Measures (October 15, 2006 to October 14, 2021) #1600, Chula Vista, CA 91910 3) South County Career Center (Operated by Arbor Education & Training 1111 Bay Blvd., Ste E, Chula Vista, CA 91911 4) South Metro Career Center/Grant Hill Branch (Operated by Center for Employment Training) 3295 Market St San Diego, CA 92102 5) Comprehensive Training Systems 497 11' Street #4 Imperial Beach, CA 91932 These agencies will provide and/or assist with the following job development activities: •Partner with the SDREZ to provide job assistance to both job seekers and employers in the SDREZ. •Make information on the SDREZ benefits available at agencies and disseminate • Provide company referrals that can benefit from EZ benefits •Co-sponsor workshops and seminars provide technical assistance to small businesses in the SDREZ including: • Job postings 8/8/2011 15 C.6 CaIWORKS & WIB C.7 MOU SUPPLEMENT The San Diego Regional Enterprise Zone's (SDREZ) Commitments And Performance Measures (October 15, 2006 to October 14, 2021) • Employment referrals • Employer assistance • Rapid Response support • Job Fairs •Job referrals and Training opportunities to job seekers and employers in the SDREZ • Attend EZ meetings and workshops • Host information meetings for employers To place recipients of the Workforce Placements Investment Act and CalWORKS services into jobs, the jurisdiction will perform the following: Vouchering • The Employee Services Coordinator will work with case managers from WIA and partnering agencies to help identify potential employees of targeted groups which face barriers to employment. • Issue voucher eligibility letter to qualified individuals To ensure compliance with all applicable laws and regulations, the enterprise zone will implement systems for monitoring, reporting, and safeguarding the vouchering process, and monthly reporting to the Department of Housing & Community Development. C.8 Vouchering Fees To ensure that the enterprise zones complies 16 8i8/201 1 Evidence that the jurisdiction performed Continuously the activities specified to place recipients of the Workforce Investment Act and CalWORKS. Evidence that the enterprise zone has Monthly systems in place that permit the monitoring, reporting, and safeguarding of the vouchering process. The timely remittance of application fees Monthly Section 28 - Job Development Plan Pages 2-6. Section 29 - SDREZ Vouchering Plan Section 28— SDREZ Voucher Fee Remittance Plan Section 28 — C.9 Budget & Staffing MOU SUPPLEMENT The San Diego Regional Enterprise Zone's (SDREZ) Commitments And Performance Measures (October 15, 2006 to October 14, 2021) with all voucher fee regulations, the jurisdiction will implement a process that accounts for all applications received and all fees owed to the State. The budget and staffing for vouchering activities will consist of the following The Employee Services Coordinator will do the following: • Serve as the SDREZ Vouchering Agent for the Partnership. • Review applications submitted for hiring tax credit vouchers in compliance with the HCD Vouchering Regulations. • Issue voucher certificates and maintain required data. • Conduct hiring credit eligibility screening for EZ companies • Assist job developers with job placement as needed The original budget allocation was for one vouchering agent at a cost of $94,000. Note: A second Employee Services Coordinator Nouchering Agent position was added for a total cost of $190,000 in FY 08. C.10 Self Evaluation The enterprise zone will conduct regular self- 17 8/8/2011 owed, A budget of $94,000 and minimum staffing of 1 for the enterprise zone's vouchering activities. Note: A second EZ Vouchering Agent/Employee Services Coordinator was added in 2008 to help meet the goals and increase in workload for the SDREZ Program. Annually SDREZ Voucher Fee Remittance Plan Please refer to Section 43 — SDREZ Organizational Overview Page 3 Evidence that the enterprise zone has Annually Section 28 MOU SUPPLEMENT The San Diego Regional Enterprise Zone's (SDREZ) Commitments And Performance Measures (October 15, 2006 to October 14, 2021) evaluations to determine the effectiveness of the job development plan. conducted regular assessments of its job - development program, and made the necessary adjustments to ensure that program operates effectively. SDREZ Job Development Plan Page 4 D.1 8/8/2011 Fee Reduction To offer local incentives to the enterprise zone businesses, the jurisdiction will reduce the following fees: Exempt the Housing Impact Fee (HIF) as applicable. Business & Industry Incentive Program to proactively attract, retain and expand businesses within the region. Assistance includes: Development Project Advocacy and Permit Expediting Assistance; Business Response Team 18 Evidence of fee reduction utilization for Annually the following number of firms: EZ companies in the SDREZ involved in heavy/light industrial manufacturing, research & development, wholesale distribution and medical facilities (hospitals/urgent care) may be eligible for exemption of the HIF fee. Commercial business will not be eligible for exemption. It is difficult to predict how many companies/projects may receive this benefit because the fee is tied to new development or change in use of an existing facility; however. data is collected and maintained for each EZ project granted the fee exemption. Additionally most if not all companies assisted with Section 36 — SDREZ Local Incentives Page 10 & 11 Section 37 — Table 16 Planning and Local Incentives Page 2 Please refer to Section 37, Page 1 MOU SUPPLEMENT The San Diego Regional Enterprise Zone's (SDREZ) Commitments And Performance Measures (October 15, 2006 to October 14, 2021) D,2 Processing Time The jurisdiction will reduce the administrative Reduction processing time for the following items Provide a variety of programs to directly assist small businesses, ranging from providing detailed information on City and regional services, Project Advocacy, Permit Expediting Assistance, Business Response Team; help with business start-up questions and provide assistance with permitting issues; advocate for small business concerns and coordinate programs to ensure that small businesses have a voice in many issues that affect their ability to succeed. Permit processing time will be reduced 25%. 8/8/2011 19 attraction and expansion opportunities may be eligible for the fee exemption. (Sections A3 & A4) Evidence of reductions in administrative Annually processing time for the following number of firms: Work with 50 businesses per year. Provide monthly log, and evidence of follow-up activity Section 36 — SDREZ Local Incentives Pages 12 -13 Section 37 — Planning and Local Incentives Pages 1-3 D.3 Self -evaluation MOU SUPPLEMENT The San Diego Regional Enterprise Zone's (SDREZ) Commitments And Performance Measures (October 15, 2006 to October 14, 2021) The enterprise zone will conduct regular self - evaluations to determine the effectiveness of its local incentives. Evidence that the enterprise zone has Annually conducted regular assessments of its incentives program, and made the necessary adjustments to ensure that program operates effectively. Section 37 — Planning and Local Incentives Pages 1-3 Conditions Response, May 25. 2007, #4 E.1 E.2 8/8/2011 Self Evaluation Budget The enterprise zone will conduct regular self - evaluations to determine the effectiveness of its program. The jurisdiction will implement the following budget for the administration of the enterprise zone in its first year: Revenue: • Application Fee Revenue: $125,000 • Jurisdictional Support: $194,000 (Operating MOU) • Jurisdictional Marketing: $ 13,000 • San Diego Support: $ 29,040 TOTAL $361,040 Expenditures: • EZ Personnel: $340,040 20 Evidence that the enterprise zone has Annually conducted regular assessments of its overall program, and made the necessary adjustments to ensure that the program operates effectively. A budget of $361,040 for the first year. One-time HCD Section 40 — SDREZ Budget Narrative E.3 Staff Responsibilities 8/8/2011 • NPE: • Travel/Training • Marketing: MOU SUPPLEMENT The San Diego Regional Enterprise Zone's (SDREZ) Commitments And Performance Measures (October 15, 2006 to October 14, 2021) $ 5,000 $ 3,000 $ 13,000 TOTAL $361,040 Additional In Kind Commitments: $134,500 Note: Beginning in FY 08 increases to staffing and the budget were made to meet the significant increase in EZ workload. Increases included adding a second Employee Services Coordinator Nouchering Agent position, increasing Business Development Coordinator from part time to full time, and adding interns. The following staff will perform the responsibilities noted: The City of San Diego will serve as the administrative agency for the SDREZ. Lydia Moreno, Business Incentives Program Manager Development Coordinator: •Provides oversight coordination for the SDREZ Program •Coordinates business expansion, retention and attraction efforts •Assist existing EZ businesses with funding and resource development, expansions, site assistance, and regulatory issues 21 1) Commit a full-time position to serve as Continuously the Enterprise Zone Manager. and 2) Provide evidence of the staff and their corresponding responsibilities. SECTION: 43, SDREZ Budget Narrative Pages 2 - 4 MOU SUPPLEMENT The San Diego Regional Enterprise Zone's (SDREZ) Commitments And Performance Measures (October 15, 2006 to October 14, 2021) •Works directly with EZ businesses in the assessment, coordination, and assistance of key issues for retention, expansion, and attraction opportunities with the EZ *Assists with SDREZ Partnership overall marketing strategy •Serves as immediate back-up to EZ Manager Cord Bailey, Full-time Enterprise Zone Manager: *Coordinates and provides current reports relative to progress of the EZ and monitors benefits generated by businesses located in the EZ •Manages databases, documentation, and general overall administration of the SDREZ program •Conducts in depth marketing efforts focused on Zone businesses •Manages execution of Economic Development Incentive Agreements for all SDREZ related development projects eligible for expedited permit plan check •Manages the EZ's State Grant "Preference Point Certification" programs •Coordinates workshops on EZ tax credits for job developers, employers, businesses, and related parties •Manage collaborative efforts with non-profit and for profit employment organizations 8/8/2011 22 MOU SUPPLEMENT The San Diego Regional Enterprise Zone's (SDREZ) Commitments And Performance Measures (October 15, 2006 to October 14, 2021) Tere Avina and Tina Hines, EZ Vouchering Agent/Employee Service Coordinator: •Review applications submitted for hiring tax credit vouchers in compliance with HCD Vouchering regulations •Approve and issue vouchers •Assist EZ businesses with screening, job placement, hiring credit eligibility *Coordinate with job developers with process EZ employer job orders •Participate and assists with job fairs and f,A) employer recruitment events Craig Ruiz (Chula Vista) and Alfredo Ybarra (National City), SDREZ Partnership Business Manager: •Perform marketing, outreach, and EZ consultation, as well as business assistance and attraction, workforce development, support resources, and project assistance to existing and new businesses locating in the EZ •Work directly with EZ businesses in their jurisdiction in the assessment, coordination, and assistance of key issues for retention, expansion, and attraction opportunities with the EZ •Coordinates with Vouchering Agent/Employee Services Coordinator to assist existing EZ businesses and potential companies on 8/8/2011 23 MOU SUPPLEMENT The San Diego Regional Enterprise Zone's (SDREZ) Commitments And Performance Measures (October 15, 2006 to October 14, 2021) workforce development •Assist existing EZ businesses with funding and resource development, expansions, site assistance, and regulatory issues •Manage execution of Economic Development Incentive Agreements for all SDREZ related development projects that are eligible •Conduct workshops on EZ tax credits for job developers, employers in collaboration with the Lead Agency, businesses and related parties •Manage collaborative efforts with non-profit and for profit employment organizations •Serve as back-up Managers to the Lead Agency Zone Manager as needed. 8/8/2011 24 Note: Personnel changes have been made due to retirement and turnover. A second EZ Vouchering Agent/Employee Services Coordinator was added in 2008 to help meet the goals of the SDREZ Program. MOU SUPPLEMENT The San Diego Regional Enterprise Zone's (SDREZ) Commitments And Performance Measures (October 15, 2006 to October 14, 2021) 25 8/8/2011 www.sandiegoregionalez.org Attachment 3 San Diego Regional Enterprise Zone A total of $1.7 billion worth of investment has been made in San Diego -area Enterprise Zones. More than 20,000 jobs have been generated, and hundreds of businesses have received expedited permit applications. Thousands more have received technical or financial assistance. An Enterprise Zone is a geographically designated area in which businesses can receive substantial state tax breaks and other benefits. Enterprise Zones were created in California to stimulate business investments and to increase job opportunities in areas of high unemployment. San Diego is home to one of 42 Enterprise Zones statewide. San Diego Regional Enterprise Zone: Established in 2006, the One Zone is a regional economic development program incorporating portions of the City of San Diego, significant portions of the City of Chula Vista and the City of National City. Advantages of the Enterprise Zone Program are the tax savings and other incentives including: • Sales or Use Tax Credit: A tax credit against the purchase of new manufacturing, assembly, data processing or communications equipment equivalent to the amount of sales or use tax, or up to $1.55 million annually. • Hiring Credit: A tax credit on the wages to qualified new employees over a five-year period (up to 50 percent in the first year, 40 percent in the second year, etc.) This credit could exceed $34,000 per eligible employee. • Accelerated Depreciation Deduction: The option to accelerate depreciation on business property. A business may treat 40 percent of the cost of qualified property as a business expense in the first year it is placed into service for a maximum deduction of $20,000 per year, whichever is smaller. • Net Interest Deduction for Lenders: Allows lenders a deduction on the net interest earned from loans made to Enterprise Zone businesses, including business loans, mortgages and loans from noncommercial sources. Other advantages include: • No -cost job referral service used to find qualified employees whose wages can be claimed as tax credits. • Development permit expediting and assistance. • Tax savings for Enterprise Zone employees. • Access to specialized technical and financial assistance programs. For more information, visit www.sandiegoregionalez.org SAN DIE_( O REGIONAL ENTERPRISE ZONE +- CALIFORNIA .+ NATIONAL map.rMw1 p 1��QvJ OF CHULA VISTA Unified Port of San Diego THE CITY OF SAN DIEGO CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 16, 2011 AGENDA ITEM NO. 11 M TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a 20-year Lease between the City and the Boys' and Girls' Club of Greater San Diego, Inc., for the land and building located at 1430 D Avenue PREPARED BY: George H. Eiser, III PHONE: Ext. 4221 EXPLANATION: Please see attached memorandum. DEPARTMENT: City Attorney APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: iorandum >e Resolution Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Louis Natividad Mona Rios Rosalie Zarate Office of the City Attorney City Attorney Claudia Gacitua Silva Legal Counsel George H. Eiser, III Senior Assistant City Attomey Jodi L. Doucette TO: Mayor and City Council DATE: July 18, 2011 FROM: George H. Eiser, III, Legal Counsel SUBJECT: Lease with Boys' and Girls' Club of Greater San Diego, Inc. In December, 2008, shortly after the Boys' and Girls' Club of National City ("BGCNC") merged with the Boys' and Girls' Club of Greater San Diego, Inc. ("BGCGSD"), the City entered into a month -to -month lease of its land and building at 1430 D Avenue (the "Leased Premises") with BGCGSD. In entering into the month -to -month lease, it was the understanding of the parties that a long-term lease would eventually be entered into. At the December 7, 2010 City Council meeting, after some discussion the Council approved, pursuant to Resolution No. 2010-273, a version of the Lease with a provision giving the City the right to terminate the Lease if the Leased Premises were needed fora municipal purpose. The City was subsequently informed by the attorney for BGCGSD that BGCGSD could not accept the Lease with such a provision, because it caused the term of the Lease to be too uncertain, especially for purposes of BGCGSD receiving public and private funding. However, BGCGSD would be willing to accept languagepermitting ear_ly termination by the City upon one year's notice in the event the Leased Premises must be reclaimed for public use due to the requirements of a governmental agency, such as the U.S. Army Corps of Engineers, and further, stating if the Lease is terminated pursuant to this language, the City will provide, to the extent it deems .it is able, non -financial relocation assistance to BGCBSD. This proposed language has been incorporated into the Lease. In addition to the early termination provision, the Lease contains the following main points: • The term of the Lease is 20 years. • Rent is $1.00 per year. • Use of the Leased Premises is for a Boys' and Girls' Club only. • A provision for performance standards is included, which requires the Lessee to adhere to the Requirements for Membership as a Member Organization of the Boys and Girls Club of America. • Any assignment or subletting of the Lease requires the prior written consent of the City of National City. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Boys' and Girls' Club Lease July 5, 2011 Page Two • The Lessee is responsible for routine maintenance and payment of utilities. • The Lessee is responsible for repairs, but the City must consent to all repairs or alterations costing over $5,000. • Typical insurance and indemnification requirements are included. • All signage shall be pre -approved by the City of National City. • . The Lessee is responsible for all possessory interest taxes, if any. It is recommended that the proposed resolution approving the. Lease as currently drafted, and rescinding Resolution No. 2010-273, be adopted. GEORGE H. EISER, .f Legal Counsel GHE/gm LEASE BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE BOYS & GIRLS CLUBS OF GREATER SAN DIEGO, INC. This Lease is made and entered into this 16th day of August, 2011, (the "Commencement Date"), by and between the City of National City, a municipal corporation, hereinafter designated as "Lessor", and the Boys & Girls Clubs of Greater San Diego, Inc., hereinafter designated as "Lessee." RECITALS A. Lessee is desirous of leasing from Lessor certain real property, including a building and other improvements, for the purpose of maintaining a clubhouse thereon, and for promoting the physical, mental, and moral well-being of the boys and girls of the City of National City, and for boys and girls in the immediate vicinity thereof. B. Lessee has constructed and maintained the building and improvements on the Premises for many years with private funds raised from the community by the Boys' and Girls' Clubs. Said building and improvements, together with all appliances, fixtures, equipment and furniture (excluding the tables and chairs kept inside the building) were conveyed and transferred to Lessor on or about December 17, 2008. C. The use of said property for the purpose aforementioned will promote the general welfare of all the inhabitants of the City of National City. NOW, THEREFORE, the parties hereto agree as follows: 1. Leased Premises. Lessor does hereby lease, demise and let to Lessee the real property, building, and other improvements situated in the City of National City, County of San Diego, State of California, commonly known as 1430 "D" Avenue, as more specifically described in the attached Exhibit "A", and shown on the attached Exhibit `B", which are incorporated herein by reference (the "Leased Premises"). Lessee has constructed and maintained the building and improvements on the Premises for many years with private funds raised from the community by the Boys' and Girls' Clubs. Said building and improvements, together with all appliances, fixtures, equipment and furniture (excluding the tables and chairs kept December 17, 2008.inside the building) were conveyed and transferred to Lessor on or about 2. Term. The Term of the Lease shall be for a period of twenty (20) years from the date first written above. 3. Usc. The above described premises are leased to Lessee by Lessor for the purpose of maintaining a Boys and Girls Club, and to be used exclusively and for no other purpose than to maintain said Boys & Girls Club, and to promote the physical, mental, and moral well-being of the boys and girls of the City of National City and territory adjacent thereto, and to provide such means of 1 2011 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego education, wholesome recreation, and proper guidance as may seem most likely and desirable for the accomplishment of the purposes herein set forth. 4. • Legal Status of Lease. Lessee warrants that it is a California nonprofit corporation. 5. Rent. Lessor and Lessee acknowledge that the consideration for this Lease and any option period shall be the annual sum of One Dollar ($1.00) and the mutual benefit to be derived from Lessee's uses of the Leased Premises, as specified herein. 6. Assignment and Subletting. This Lease shall not be assigned, sublet, hypothecated, leveraged, or transferred without the prior written consent of Lessor. 7. Repairs by Lessor. Lessor shall be required to make such repairs or replacements to the Leased Premises as may be required for normal maintenance and operation, which shall include the repairs and/or replacements to all structural portions of the building located on the Leased Premises, and all walls, floors, corridors, windows, HVAC, mechanical electrical, plumbing, paving and parking, exterior windows, and other structures and equipment within and serving the Leased Premises, and such additional maintenance as may be necessary because of damages by persons other than Lessee, its agents, employees, invitees, or visitors, all in accordance with standard practices for similar commercial buildings in the San Diego, California area. Lessor shall be responsible for extermination/pest control for the Leased Premises. Without limiting the foregoing, notwithstanding anything to the contrary set forth herein, if Lessor is required to make repairs to take other corrective action in the Leased Premises by reason of Lessee's negligent acts or negligent failure to act reasonably, Lessor shall have the right to recover from Lessee the reasonable cost of the repairs or other work. 8. Repairs by Lessee. Lessee agrees to repair or replace any damage or injury done to the Leased Premises, or any part thereof, caused by Lessee or Lessee's agents, employees, invitees, or visitors, at Lessee's own cost and expense within a reasonable time after written notice from Lessor. If Lessee fails to make such repairs or replacements within a reasonable time after written notice, Lessor may, at its option, make such repairs or replacements, and Lessee shall repay the cost thereof to the Lessor as additional rent within ten (10) days of written demand. However, for any repair work, other than repair work in emergency situations, costing over Five Thousand and no/100 Dollars ($5,000.00) to be performed by Lessee or Lessee's agents, Lessee shall not perform such repair work without the prior written consent of Lessor's City Manager or designee. Any repairs or replacements in or to the Leased Premises, other than repair work in emergency situations, which would require an expenditure exceeding Five Thousand and no/100 Dollars ($5,000.00) and which constitute a "public project" under Section 20161 of the California Public Contract Code, shall be contracted for/by Lessor and let to the lowest responsible bidder after notice. 2 2011 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego 9. Routine Maintenance by Lessee. From and after the Commencement Date and during the Tenn, Lessee shall, at its own cost and expense, make all repairs and replacements required by this Lease, reasonable wear and use excepted, and excepting those repairs to be made by Lessor as set forth in Section 7 above. 10. Waste. Lessee shall not commit waste (property abuse, destruction, or damage) beyond normal wear and tear of the Leased Premises. 11. Improvements, Alterations, and Additions. Lessee shall not make or allow to be made any major alterations or physical additions in or to the Leased Premises which affect the structure or any other improvements and costing more than Five Thousand and no/100 Dollars ($5,000.00) without first obtaining the prior written consent of Lessor's City Manager or designee, which consent shall not be unreasonably withheld. All work shall be done by contractors approved by Lessor. Any alterations or physical additions in or to the Leased Premise that would require an expenditure exceeding Five Thousand and no/100 Dollars ($5,000.00), and which constitute a "public project" under Section 20161 of the California Public Contract Code, shall be contracted for/by Lessor and let to the lowest responsible bidder after notice. Any and all such alterations, physical additions, or improvements, when made to the Leased Premises by Lessee, shall at once become the property of Lessor and shall be surrendered to Lessor upon the termination of this Lease by lapse of time or otherwise; provided, however, this clause shall not apply to trade fixtures, equipment, orfurniture owned by Lessee. Any Lessee improvements, alterations or additions shall comply with all government, local building code, permitting, and competitive bidding requirements. Lessee shall give Lessor written notice five (5) days prior to employing any laborer or contractor to perform major work on the Leased Premises so that Lessor may post a notice of non -responsibility, if allowed by law. Lessee shall not be required to remove alterations, physical additions, or improvements upon termination of this Lease 12. Utilities. Lessee will be responsible for payment of utilities, including but not limited to electric, gas, telephone, security, fire alarm, sewer, trash, and water. Lessee understands that it is responsible for the proper disposal of debris in the designated trash receptacles provided by the Lessor. No trash is to be placed in front of or on the sides of the container nor should any trash be placed on top of the lids. Lessee further understands that it will be billed accordingly for not disposing of trash in the proper manner, which includes breaking down all boxes and containers prior to being placed in the trash bins. 13. Indemnity and Insurance. a. Disclaimer of Liability. Lessor shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Lessee's construction, maintenance, repair, use, operation, or dismantling of the Leased Premises except to the extent caused by Lessor's negligence or willful misconduct. 3 2011 1 ease Between City of National City and Boys and Girls Clubs of Greater San Diego b. Indemnification. Lessee shall, at its sole cost and expense, defend, indemnify, and hold harmless Lessor and its officials, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as "indemnitees"), from and against: i. Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses, including without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants, which may arise out of or be in any way connected with Lessee's construction, maintenance, repair, use, operation, or dismantling of the Leased Premises or Lessee's failure to comply with any federal, state, or local statute, ordinance or regulation. ii. Lessee's obligations to indemnify indemnitees under this Lease shall not extend to claims, losses, and other matters covered hereunder to the extent such claims arise out of the negligence or willful misconduct of one or more indemnitees. c. Assumption of Risk. Lessor warrants that it does not have knowledge that a dangerous condition exists at the Premises except as may be specifically set forth in this Lease. Lessee undertakes and assumes for its officers, agents, affiliates, contractors and subcontractors, and employees (collectively for the purpose of this section), all risks of unknown dangerous conditions, if any, on or about the Leased Premises, and Lessee hereby agrees to indemnify and hold harmless Lessor against and from any claim asserted or liability imposed upon the Indemnitiees for personal injury or property damage to any person (other than from Indemnitee's negligence or willful misconduct) arising out of Lessee's construction, maintenance, repair, use, operation or dismantling of the Leased Premises or Lessee's failure to comply with any federal, state, or local statute, ordinance or regulation. d. Defense of Lessor. In the event any action or proceeding shall be brought against Lessor by reason of any matter for which Lessor is indemnified hereunder, Lessee shall, upon notice from Lessor at Lessee's sole cost and expense, resist and defend the same with legal counsel mutually selected by Lessor and Lessee, provided however, that Lessee shall not admit liability in any such matter on behalf of Lessor without prior written consent of Lessor's City Manager or designee, which consent shall not be unreasonably withheld, and provided further that Lessee shall not admit liability for, nor enter into any compromise or settlement of, any claim for which it is indemnified hereunder, without the prior written consent of Lessor, which consent shall not be unreasonably withheld. e. Notice, Cooperation and Expenses. Lessee shall give Lessor prompt notice of the making of any claim or the commencement of any action, suit, or other proceeding covered by the provisions of this paragraph. Nothing herein shall be deemed to prevent Lessor from cooperating with 4 201 1 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego Lessee and participating in the defense of any litigation by Lessor's own counsel. f. Insurance. During the term of the Lease, Lessee shall maintain, or cause to be maintained, in full force and effect and at its sole cost and expense, the following types and limits of insurance: g. i. Worker's compensation insurance meeting applicable statutory requirements. ii. Commercial general liability insurance with minimum limits of Two Million and no/100 Dollars ($2,000,000.00) as the combined single limit for each occurrence of bodily injury, personal injury, and property damage. iii. At the start of and during the period of any construction by Lessee, builders all-risk insurance, together with an installation floater or equivalent property coverage covering cables, materials, machinery, and supplies of any nature whatsoever which are to be used in or incidental to the installation of improvements. iv. All policies other than for Worker's Compensation shall be written on an occurrence and not on claims made basis. v. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. vi. Lessee shall furnish certificates of insurance to Lessor before commencement of the Lease term. Named Insureds. All policies, except for worker's compensation policies, shall name Lessor and its officials, boards, commissions, employees, agents, and contractors, as their respective interests may appear, as additional insureds (herein referred to as the "Additional Insureds"), and a separate additional insured endorsement shall be provided. h. Evidence of Insurance. Certificates of Insurance of each insurance policy required to be obtained by Lessee in compliance with this paragraph, along with written evidence of payment of required premiums shall be filled and maintained with Lessor annually during the term of the Lease. Lessee shall immediately advise Lessor of any claim or litigation that may result in liability to Lessor. i. Cancellation of Policies of Insurance. All insurance policies maintained pursuant to this Lease shall contain the following endorsement: 5 2011 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego At least thirty (30) days' prior written notice shall be given to Lessor by the insurer of any intention not to renew such policy or to cancel, replace, or materially alter same. Insurance Companies. All insurance shall be affected under valid and enforceable policies, insured by insurers licensed to do business by the State of California or surplus carriers on the State of California Insurance Commissioner's approval List of companies qualified to do business in the State of California. All insurance carriers and surplus line carriers shall be rated A+ or better by A.M. Best Company, or as otherwise approved by Lessor's Risk Manager. k. Deductibles. All insurance policies may be written with deductibles not to exceed $50,000 unless approved in advance by Lessor's Risk Manager. Lessee agrees to indemnify and save harmless Lessor, the indemnitees, and Additional Insureds from and against the payment deductible and from the payment of any premium on any insurance policy required to be furnished by the Lease. 1. Contractors. Lessee shall require that each and every one of its contractors and their subcontractors who perform work on the Leased Premises on behalf of Lessee to carry in full force and effect, workers' compensation, comprehensive commercial general liability, and automobile liability insurance coverages of the type which Lessee is required to obtain under the terms of this paragraph with appropriate limits of insurance. m. Responsibility after Termination. Upon termination of the Lease, each party shall remain responsible to the other for any and all liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses, and expenses arising under the Lease which arose out of the Lease and occurred prior to such date of termination. n. Review of Limits. Once during each calendar year during the term of the Lease, Lessor may review the insurance coverages to be carried by Lessee. If Lessor determines that higher limits of coverage are necessary to protect the interests of Lessor or the Additional Insureds, Lessee shall be so notified, and shall obtain the additional limits of insurance, at its sole cost and expense. 14. Inspection. Lessor, by and through its proper officers, reserves and shall always have the right, upon reasonable notice and at a reasonable time, to enter the Leased Premises for the purpose of viewing and ascertaining the conditions of the same and the operation and maintenance thereof. 6 2011 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego 15. Removal of Personal Property. At the termination or expiration of this Lease or any renewal thereof, Lessee shall, within ninety (90) days of written request by Lessor, remove any and all personal property not owned by Lessor, placed or erected on the premises during the term thereof, or any renewal thereof, and that all expense connected with such removal shall be borne by Lessee. Lessor shall have the right to sell, destroy, remove, or otherwise dispose of any such personal property left on the premises longer than ninety (90) days after termination of this Agreement. The premises shall be left by Lessee in a clean, neat, and safe condition, and the exclusive possession and use of the property shall revert to Lessor. 16. Non -Discrimination. Lessee agrees that there shall be no discrimination against or segregation of any person or group of persons because of race, color, creed, national origin, sex, sexual orientation, ancestry, marital status, physical handicap, or medical condition in the use occupancy or enjoyment of the property, nor shall Lessee, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of users of the property. 17. Waiver. The failure or omission of Lessor to terminate this Lease for any violations of any of its terms, conditions, or covenants shall in no way be deemed to be a consent by Lessor to such violation, and shall in no way bar, stop, or prevent Lessor from terminating this Lease thereafter, either for such or for any subsequent violation of any such term, condition, or covenant. 18. Signs. Lessee agrees that no sign, advertisement, or notices shall be inscribed, painted or affixed on or to any part or portion of the outside of the Leased Premises except to be of such type and color, size and style, and in such place as may be approved by Lessor. Any additional signage or changes to existing signage after the Commencement Date will require Lessee to pay for and obtain all regulatory approvals (permits) for the Leased Premises. 19. Waiver of Relocation Assistance. In consideration for the execution of this Lease by Lessor, Lessee hereby waives any claim for relocation assistance benefits to which it may otherwise be entitled under federal, state, or local law or regulations, upon vacation of the Leased Premises. 20. Americans with Disabilities Act. Upon commencement of this Lease, Lessee shall comply, at its sole cost, with requirements of ADA which provides for the removal of architectural barriers that prevent equal access to disabled persons on the interior of the Leased Premises. Through the duration of the Lease, Lessor shall comply, at its sole cost, with requirements of the ADA which provides for the removal of architectural barriers that prevent equal access to disabled persons on the exterior of the Leased Premises. Lessor warrants that the Premises will be ADA compliant at the time possession is delivered to Lessee. 7 2011 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego 21. Compliance with Environmental and Other Laws. Lessee shall not engage in activities upon the Leased Premises, or any portion thereof, for the purpose of or anyway involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether legal or illegal, accidental or intentional), or any hazardous or toxic substances, materials or wastes, or any wastes regulated under any local, state, or federal law; provided, however, normal quantities and use of those hazardous or toxic substances or materials customarily used in the conduct of Lessee's permitted uses, such as paints, stains, solvents, and similar materials, may be used and stored by Lessee at the Leased Premises. Lessee shall be, and-remait, foi the -term -of this Lease, in full compliance with all applicable laws governing the use and occupancy of the Leased Premises including, without limitation, the handling, manufacturing, treatment, storage, disposal, discharge, use, and transportation of hazardous or toxic substances, materials or wastes, and any wastes regulated under any local, state, or federal law. Lessee has been advised that no digging or excavation at the site will be authorized without appropriate environmental oversight. 22. Obstruction. Except as permitted by this Lease, and except for those materials customarily used in the conduct of Lessee's permitted uses, Lessee shall not place, install, maintain, or allow any combustible materials in buildings, structures, or other improvements upon the Leased Premises, and shall not cause or allow the surface elevation therein to be changed in any way whatsoever, without prior written approval of Lessor's City Manager or designee. 23. Lessee's Obligation to Quit. Lessee shall, upon termination of this Lease, leave and peaceably and quietly surrender and deliver to Lessor the Leased Premises and all improvements, buildings, and fixtures hereon or constituting a part thereof, and any replacements or renewals thereof in a good condition, order, and repair as the same were at the Commencement Date or thereafter may have been put, reasonable wear and use excepted. Notwithstanding the foregoing or anything in this Lease to the contrary, Lessee shall have the right at any time during this Lease to remove from the Leased Premises Lessee's trade fixtures, furniture, equipment, and personal property, provided that Lessee repairs any damage caused by such removal. 24. Termination. This Lease may be terminated as follows: a. In the event that during the term of this Lease, funding to operate the Club is either eliminated or reduced to a point so as to render continued operation of the Club impractical or impossible, Lessee may terminate the Lease upon ninety (90) days' written notice to Lessor. b. By Lessor, in the event the Leased Premises must be reclaimed for public use due to the requirements of a governmental agency, such as the U.S. Army Corps of Engineers, upon one (1) year's notice. In the event the 8 2011 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego, Leased Premises are reclaimed for public use due to the requirements of a governmental agency, Lessor will provide, to the extent it determines its resources will allow and without any financial obligation on Lessor's part, assistance to Lessee in the relocation of Lessee to an alternative site substantially the same as the Leased Premises and acceptable to the Lessee for the purposes and operation of the business of Lessee. c. By Lessor upon the occurrence of one or more of the following defaults ("Defaults"), and the failure of Lessee to cure any such Default within any applicable grace period. i. The failure of Lessee to provide reasonable evidence of insurance within thirty (30) days of the renewal of any policy required herein; ii. The failure of Lessee to fulfill any obligation of Lessee under this Lease which endangers or threatens life or property, where such failure continues for a per .od of five (5) business days following written notice from Lessor. iii. A failure by Lessee to perform any material obligation of Lessee (other than those described above), where such failure continues for a period of thirty (30) days after written notice from Lessor; provided, however, that if the nature of Lessee's failure to perform is such that more than thirty (30) days are reasonably required for its cure, then it shall not be deemed to be a Default if Lessee commences such cure within said thirty (30) day period, and thereafter diligently prosecutes such cure to completion. iv. The failure by Lessee in conducting its activities to adhere to the provisions of the Requirements for Membership as a Member Organization of the Boys and Girls Club of America, as amended from time to time, the current version of which is attached hereto as Exhibit "C" and incorporated herein by reference By Lessee, for Lessor's breach of any covenant, obligation, or condition contained in this Lease which is not cured within thirty (30) days immediately following written notice from the Lessee of such alleged breach, provided, however, that if the nature of Lessor's failure to perform is such that more than thirty (30) days are reasonably required for its cure, then it shall not be deemed to be a Default if Lessor commences such cure within said thirty (30) day period, and thereafter diligently prosecutes such cure to completion. e. By mutual agreement of the Parties hereto. f. By expiration of the Term. 9 2011 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego g. Notwithstanding anything in this Lease to the contrary, upon termination of the Lease, neither Lessor nor Lessee shall have any further obligations or responsibilities under the Lease or relating to the Leased Premises, and each party shall be deemed to have released the other from any such further obligations or responsibilities without the need for further action. Notwithstanding the foregoing, each party shall remain responsible to the other for any obligations arising under the Lease which occurred prior to such date of termination. 25. Lessor Remedies upon a Lessee Default. If Lessee is in Default and has failed to cure such Default within any applicable grace period, Lessor may, at its option, perform such duty or obligation giving rise to the Default on behalf or Lessee, including but no limited to the obtaining of reasonably required insurance policies, or government licenses, permits, or approvals. The costs and expenses of any such performance by Lessor shall be due and payable by Lessee within ten (10) days of receipt of invoice therefore. If any check given to Lessee shall not be honored by the bank upon which it is drawn, Lessor, at its option, may require all future payments to be made by Lessee to be by cashier's check. In the event of a Default which Lessee has failed to cure within any applicable grace period, or undertaken reasonable action to cure within any applicable grace period, Lessor may, with or without future notice or demand, and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such Default, terminate the Lessee's right to possession of the Leased Premises by any lawful means; continue the Lease; and /or pursue any other remedy now or hereafter available under the laws or judicial decision of the State of California. 26. Lessee's Remedies Upon a Lessor Default. Lessor shall be in default under this Lease ("Lessor Default") if Lessor fails to perform any of the obligations of Lessor under this Lease, and such failure continues for a period of thirty (30) a days after written notice from Lessee; provided, however, that if the nature of Lessor's failure to perform is such that more than (30) days are reasonably required for its cure, then it shall not be deemed to be a Lessor Default if Lessor commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. The rights and remedies of Lessee upon a Lessor Default shall be cumulative, and upon a Lessor Default Lessee may pursue any and all rights and remedies at law or in equity, whether at the same time or otherwise. 27. Hazardous Substances. Lessee shall indemnify, protect, and hold harmless Lessor and each of its respective subsidiaries from and against all costs and damages incurred by Lessor in connection with the presence, emanation, migration, disposal, release, or threatened release of any oil or other petroleum products or hazardous materials or substances on, within, or to or from the Leased Premises as a result of (i) the operations of Lessee after the Commencement Date, and (ii) the activities of third parties affiliated with Lessee or invited on the Leased Premises by Lessee after the Commencement Date and during the term of this 10 2011 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego Lease. Each party agrees that such party will promptly give written notice to the other party of any investigation, claim, demand, lawsuit, or other action by any governmental or regulatory agency or private party involving the Leased Premises and any hazardous substance or environmental law of which such party has actual notice. 28. Taxes. Lessee recognizes and understands that this Lease may create a possessory interest subject to property taxation, and that Lessee may be subject to the payment of property taxes levied on such interest. Lessee further agrees to pay any and all property taxes, if any, assessed during the term of this Lease, pursuant to Section 107 and 107.1 of the: Revenue and Taxation Code, against Lessee's possessory interest in the Leased Premises. 29. Representations and Warranties. The parties represent and warrant that they have powers adequate for the execution, delivery, and performance of their obligations under this Lease; they have taken all necessary actions required to make this Lease the valid and enforceable obligation it purports to be, and this Lease has been duly executed and delivered. 30. Severability; Choice of Law. If any provision of this Lease shall be declared to be void or unenforceable either by law or by a court of competent jurisdiction, the validity or enforceability of remaining provisions shall not thereby be affected. 31. Brokers. Each party hereto represents aad warrants to the other that it has not dealt with any broker in connection with the Leased Premises or this Lease. Each party hereto hereby indemnifies and holds the other harmless from and against any liability for commissions due any broker of finder with whom such party has dealt in connection with this Lease. 32. Mailings and Noticing. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile, fax or email; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice; (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility; (iii) if mailed by registered, certified, or ordinary mail, three (3) days (five (5) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service; (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid; or (v) if given by telex, telecopy, facsimile, fax, or email, when sent. Any payment, notice, request, demand, direction, or other communication delivered or sent as specified above sha:.l be directed to the following persons: 11 2011 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego To the Lessor: Chris Zapata City Manager City of National City 1243 National City Boulevard National City, California 91950-4301 Email: czapata@nationalcityca.gov Phone: 619-336-4240 Fax: 619-336-4327 To the Lessee: Danny Sherlock President Boys and Girls Clubs of Greater San Diego, Inc. 115 West Woodward Escondido, CA 92025 Email: dsherlock(a�sdyouth.org Phone: 760-746-3315 Fax: 760-740-0240 With a copy to: Claudia G. Silva City Attorney City of National City 1243 National City Boulevard National City, California 91950-4301 Email: csilva@nationalcityca.gov Phone: 619-336-4220 Fax: 619-336-4327 With a copy to: Laura Bright, Esq. White and Bright, LLP 970 Canterbury Place Escondido, CA 92025 Email: lbright(2 whiteandbright.corn Phone: 760-747-3200 Fax: 760-747-5574 33. Entire Agreement. This Lease supersedes any prior agreements, negotiations, and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 34. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength; (ii) each party has actively participated in the drafting, preparation and negotiation of this Lease; (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Lease; (iv) each party and such party's counsel and advisors have reviewed this Lease; (v) each party has agreed to enter into this Lease following such review and the rendering of such advice; and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Lease, or any portions hereof, or any amendments hereto. 35. No Agency. Nothing in this Lease Agreement shall cause or imply any agency relationship or duty between Lessor and Lessee. 36. Counterparts. This Lease may be signed in counterparts. 12 2011 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego 37. Recordation. This Lease may be recorded by either party hereto. IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement to be executed by their duly authorized officers or representatives as of the day and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor OVED AS TO FORM: ilva City At$6rney THE BOYS & GIRLS CLUBS OF GREATER SAN DIE (Corporation s' tares o .:. ,gate officers) Be army Sherlock President and CEO By: 14" tt9 Ro'pert Burson Board Chairman 13 2011 Lease Between City of National City and Boys and Girls Clubs of Greater San Diego CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Sctn On 1-a7- (/ before me, Date T personally appeared —ban rt C<- r Here Insert Name and Title of the Officer e Name(s) of Signers LAURA B. BRIGHT 'F Commission # 1824911 Notary Public - California San Diego County 77 " My Comm. Expires Dec 22, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personJ,s - whose name(,$)^ is/are^ subscribed to the within instrument and acknowledged to me that he/whey executed the same in his/pe1/th_eir authorized capacity(i ), and that by his/()fir/th it signatures4 on the instrument the personA, or the entity upon behalf of which the person(,$) 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. C� N' Signature: C Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Do ument Title or Type of Document: Document Date: Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: -VOL,✓YL�7 Y.�-WL /tom,sSigner's Name: ❑ Corporate Officer — Title(s): ( ❑ Corporate Officer — Title(s): ❑ Individual RIGHTTHU19aPRINT E Individual OF SIGPEA ❑ Partner — ❑ Limited ❑ General To o u` here ❑ Partner — TILimited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator r' ❑ Guardian or Conservator ❑ Other: f e , ` fin ❑ Other: Signer Is Representing: Signer Is Representing: © 2009 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1.800-876-6827) RIGHT THUMBPRINT OF SIGNER Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ».��c�iA•a<F�4�T�t,.�i,.�ii.�]s�vaa.'� ����>� 3� 3!�R.��>��>•h 3���. State of California County of S V ^D t-e c 0 On 1 2:+ Ixj ( before me, bate personally appeared } �►^���I� Nu N t 6tc , Here s rt Name anor itle of the Officer RCA2n2-t motif 12,3aT Nam:(s) of Signer(s) EMILY NUGENT COMM. #1938258 Notary Public • California San Diego County Comm. es 24, 2015 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(a3 whose name4s1 is/art' subscribed to the within instrument and acknowledged to me that he/chc/they executed the same in his/F efAheir authorized capacity(iesl, and that by his/f3etftheir signature(s) on the instrument :he person(aj, or the entity upon behalf of which the person(aj• 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 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of t is form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number : ages: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ Gene ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Cons- ator ❑ Other: Signer Is RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: Li Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402 • erwwNationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 EXHIBIT "A" That portion of Blocks 3 and 4 per Map No. 552, Records of San Diego County, California, November 4, 1914, together with closed and vacated to public use portions of 14th Street, 15th Street and C Avenue, described as follows: COMMENCING at the Southeast corner of said Block 4; Thence along the Southerly prolongation of the Easterly line of said Block 4, South 17°47'04" East, 4.24 feet to the POINT OF BEGINNING; 1. Thence leaving said line, South 71° 56' 15" West, 249.51 feet; 2. Thence South 28° 47' 57" West, 16.17 feet; 3. Thence North 79° 32' 30" West, 9.76 feet; 4. Thence North 88° 10' 29" West, 10.10 feet; 5. Thence South 81 ° 39' 55" West, 10.18 feet; 6. Thence South 68° 32' 00" West, 48.87 feet; .7. Thence North 71 ° 20' 52" West, 29.69 feet; 8. Thence North 67° 43' 17" West, 19.80 feet; 9. Thence North 61° 15' 54" West, 39.52 feet; 10. Thence North 30° 13' 16" West, 15.13 feet; 11. Thence North 23° 22' 20" East, 37.88 feet; 12. Thence North 37° 26' 19" East, 69.13 feet; 13. Thence North 43° 43' 42" East, 79.18 feet; 14. Thence North 51° 18' 19" East, 19.29 feet; 15. Thence North 60° 34' 10" East, 128.19 feet; 16. Thence North 16° 40' 03" West, 41.65 feet; 17. Thence North 34° 52' 24" East, 27.92 feet; 18. Thence North 71 ° 34' 26" East, 89.80 feet to the Northerly prolongation of Easterly line of said Block 4; 19. Thence along said line, South 17° 47' 04" East, 266.11 feet to the POINT OF BEGINNING. Said land contains 75, 760 S.F., more or Tess. This legal description has been prepared by me, or under my direction, in conformance with the Professional band,Surveyors Act. Signature: John R. Berggren, L.S. 6000 Lic nse Expires 12/31/2010 Date: January 4, 2009 LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE Lt S71'56'15"W 249.51' L11 S23'22'20'W 37.88' L2 S28'47'57"W 16.17' L12 N37'26'19"E 69.13' L3 S79'32'30"E 9.76' L13 N43'43'42"E 79.18' L4 S88'10'29"E 10.1 0' L14 N51'18'19"E 19.28' L5 N81'39'55"E 10.18' L15 S60'34'10'W 128.19' L6 N68'32'00"E 48.87' L16 S16'46'03"E 41.65' L7 S71'20'52"E 29.69' L17 S34'52'24'W 27.92' L8 N67'43'17"W 19.80' L18 S71'34'26'W 89.80' L9 N61'15'54"W 39.52' L19 S17'47'04'E 266.11' L10 S30'13'16"E 15.13' 141NSG �o� MAP 552 BLOCK 3 BLOCK 4 \ . X \ POINT OF �~ i� ) COMMENCEMENT / O CURRENT SOUTHEAST k/ 2 y \ LEASE CORNER OF ( ,4 A.'-) f AREA BLOCK 4 4.24- �m\ \ 3 C. \.:\ POINT OF L10 \ L4 \� \., L5 L3 49 sl BEGINNING i L2 NEW LEASE AREA = 75,670 SF Exhibit B SCALE 1"= 100' IN ASSOCIATION WITH: TETRA TECH BERGGREN & ASSOCIATES LAND SURVEYING AND RIGHT OF WAY MAPPING 6046 CORNERSTONE COURT WEST #116 SAN DIEGO, CALIFORNIA92121 (858) 824-0034 / (858) 824-0036 REQUIREMENTS FOR MEMBERSHIP RIGHTS AND RESPONSIBILITIES When an organization is accepted as a Member Organization of Boys & Girls Clubs of America the following rights and privileges of membership are conferred: • The right to be identified with the Boys & Girls Club Movement. • The right to receive services from Boys & Girls Clubs of America. • The right to participate in and vote at annual meetings of the National Council. Member Organizations assume the following obligations: • To fully comply with all requirements for membership and operating standards adopted by the National Council. • To act in accordance with the Constitution of Boys & Girls Clubs of America and any policies or procedures adopted by the National Council. Boys & Girls Clubs of America, the national organization, assumes the following responsibilities to its Member Organizations: • To uphold the articles and provisions of the Constitution. • To assist with the establishment of new Boys & Girls Clubs. • To provide services to further the purposes of the Boys & Girls Club Movement. Article I — Eligibility Requirements* * (The Natio2010 meetin to allow organizations under the auspices of an umbrella organization to apply for an exemption from certain membership requirements.) Any corporation, association, or administrative committee or otherwise named governing body of responsible citizens, selected irrespective of race, color, creed, sex, age, religion, disability, or national origin may be elected to membership by the Board of Governors or Executive Committee of Boys & Girls Clubs of America if it meets the following requirements: Section 1 — Definitions A. "Member Organization" shall mean a corporation, association, administrative committee or otherwise named governing body which operates one or more Clubs in accordance with requirements and operating standards herein, and which has been admitted to membership in the Boys & Girls Clubs of America. B. "Club" shall mean a Club or Unit which meets the requirements and operating standards established herein and has been chartered by Boys & Girls Clubs of America. EXHIBIT "C" C. "Extension Club" shall mean a Club meeting the requirements and operating standards set forth in Article III below and operated as an extension of a parent Club and whose members are also members of the parent Club, and are eligible to participate in its activities. Section 2 — Name It shall have as the first words in its title "Boys & Girls Club(s) of..." Section 3 - Purpose It shall include in its purpose the health, social, educational, vocational, character development and guidance of the members of the Clubs it operates. Section 4 — Organization A. It shall have a board of directors, executive committee, administrative committee or otherwise named governing body of responsible citizens and shall designate one member of such a governing body who is not an employee of such Member Organization or of the Clubs itoperates as the Chief Volunteer Officer. Such governing body shall have complete authority and control over all aspects of the Member Organization's operations, programs, finances, facilities and personnel. Boys & Girls Clubs of America shall have no authority whatsoever with respect to any such control or authority of any such governing body. B. No more than two of the members of such governing body may be employees of such Member Organization or of the Club(s) it operates. C. It shall operate one or more Clubs whic i meet the recfuirenrent5 for membership and operating standards. Section 5 — Constitution, By-laws, Rules It shall be governed by a Constitution, by-laws or rules which are not inconsistent with the requirements for membership. Section 6 — Chief Professional Officer It shall employ a full time paid professional (the "Chief Professional Officer") who shall be responsible directly to the aforesaid governing body and shall have executive and administrative control of the activities and personnel of the Member Organization in accordance with policies and procedures established by said governing body. Each newly appointed Chief Professional Officer who has not been a Chief Professional Officer of another Member Organization shall attend a new Chief Professional Officer orientation sponsored by Boys & Girls Clubs of America within the first eight (8) months of such appointment. Section 7 — Funding It shall have funds in hand or pledged for the first year of operation, and there shall be a financial plan of funds for operation in future years. Section 8 — Service Mark It shall display the current service mark of Boys & Girls Clubs of America on the outside of its buildings and on all appropriate printed matter and comply with approved graphic standards. Article II — Operating Standards for Member Organizations Each Member Organization shall: Section 1 — Audit Cause an audit of its financial accounts to be made and reported upon annually by an independent certified public accountant and cause a copy of such audit and SAS 112 letter, if issued, thereof to be sent to Boys & Girls Clubs of America within nine (9) months of the close of its fiscal year and shall maintain its financial records in accordance with generally accepted accounting principles for non- profit organizations. Member Organizations with annual revenues totaling less than $250,000 may submit a review of financial statements by an independent certified public accountant in lieu of such audit. Section 2 — Compliance Comply with all applicable federal, state and local laws and reporting requirements and conduct its business with high ethical standards. Section 3 — Records Keep satisfactory records of the youth served by the Clubs it operates, their activities, programs and attendance. Section 4 — Dues Pay to Boys & Girls Clubs of America annual membership dues as determined by the National Council. A. Make the following benefits available to its full time employees and pay at least 50 percent of the cost of such benefits: I. Comprehensive major medical coverage. II. Group life insurance. III. A retirement program which is qualified under applicable Internal Revenue Service regulations. IV. A long term disability plan. B. Maintain a salary structure that is competitive with other local organizations and agencies seeking similarly trained and experienced people. C. Review, at least annually, its employment policies and procedures and take requisite steps to achieve or maintain compliance with equal employment opportunity regulations based on applicable federal, state and local laws and regulations as are in effect from time to time. Section 6 — Liability Insurance Maintain comprehensive, general liability coverage with a combined minimum single limit of coverage in the amount of at least $1 million which shall be extended to name Boys & Girls Clubs of America as an additional insured and file a certificate of insurance with Boys & Girls Clubs of America annually. Section 7 — Organizational Assessment * A. Conduct, every third year, an organizational assessment in consultation with Boys & Girls Clubs of America and utilizing its respective governing body, staff, and other appropriate entities based on "Standards of Operational Effectiveness" approved by the National Council and submit a report of this assessment to Boys & Girls Clubs of America. (* The National Council passed a resolution on May 17, 2007 exempting military organizations from this requirement.) B. Maintain a rating of "operational" as defined by the "Standards of Operational Effectiveness". Such rating shall be determined and assigned by the governing body of each Member Organization. Section 8 -- Communication Maintain at least one computer capable of electronic communication with Boys & Girls Clubs of America. Section 9 — Background Checks Conduct s of all emp loyees and volunteers who have repetitive direct contact with children. Such checks should be of the type that would disclose. at minimum, sexual offenders and include a social security number trace and a national criminal file check. Such checks shall be conducted prior to employment and at regular intervals. not to exceed twenty-four (24) months. Section 10 — Code of Ethics Establish and maintain a Code of Ethics that addresses, at minimum, conflicts of interest, records retention and whistleblower protection in accordance with best practices for non-profit organizations. All staff and board members will sign the Code of Ethics each year. Section 11 — Annual Report Render to Boys & Girls Clubs of America an annual report of its organization, membership, activities. attendance, finances and cause the Chief Professional Officer and Chief Volunteer Officer to attest to compliance with the requirements for membership and operating standards. Article III - Operating Standards for Clubs and Extension Clubs Each Club which meets the following operating standards may be chartered as a Club by the Board of Governors or Executive Committee of Boys & Girls Clubs of America. Section 1 — Facilities It shall have a Clubhouse or separate Club quarters which can be identified as a Club for its members. Use by any others shall not substantially limit the use of rooms, facilities and equipment by the members. It shall have sufficient floor area and room spaces, suitably equipped for carrying on a diversified and constructive program of activities. Section 2 - Unit Director Each Member Organization shall employ a Unit Director for each separate Club it operates for at least as many hours per week as such Club is in operation. The Chief Professional Officer of the Member Organization may, however, act as a Unit Director of one of such Clubs. Section 3 - Club Staff Each Club shall have and maintain sufficient paid and volunteer staff qualified in personality, character, experience, education and training for the leadership and guidance of its members. Each activity of each such Club shall be supervised by Club staff qualified to supervise such activity. S•ction 4 Membeis Each Club shall have at least one hundred members enrolled in any twelve- month period, who shall be between the ages of 6 and 18. Each Extension Club shall have at least 50 members between the ages of 6 and 18 enrolled in any twelve-month period. Membership dues and fees shall be within the means of its members and shall not be so large as to exclude any individual from membership and participation. Section 5 — Extent of Operations Each Club shall be open and shall make activities available to its members at least ten months per year, five days per week and four hours per day. Each Extension Club shall be open and shall make activities available to its members at least eight months per year, three damper week and three hours per day. Section 6 — Activity Access Each Club shall be available for use by any and all members in all the days and hours such Club is open, to the extent feasible in light of the available facility and activity schedules which are subject to reasonable age and individual restrictions. Section 7 — Program Each Club shall maintain a high quality program of varied and diversified activities and shall conduct an annual program assessment using standards adopted by the National Council. There shall be no instruction in or promotion of any sectarian or political belief. Section 8 — Safety Each Club facility shall be maintained in a satisfactory state of cleanliness and sanitation and shall comply with all applicable federal, state and local laws for protection and safety. Membership Dues Each Member Organization shall pay dues annually to Boys & Girls Clubs of America based on its total operating expenses of the previous year. The amount of dues is determined by the following formula: CLUB OPERATING EXPENSES RATE OF DUES PAYABLE $99,999 or less 1.25 percent of the total amount. $100,000-$199,999 $1,500 plus 1 percent of the excess over $100,000 $200,000-$499,999 $500,000-$999,999 $1,000,000 — $4,999,999 Over $5,000,000 $2,500 plus .5 percent of the excess over $200,000 $4,000 plus .25 percent of the excess over $500,000 $6,000 plus .25 percent of the excess over $1,000,000 $15,000 plus .25 percent of the excess over $5,000,000 Dues are payable in full by October 1. Membership of a Member Organization may be terminated for non payment of dues. A system of fees for special services, which are unusual and over and above those normally expected to result from the payment of dues, shall be established by the President of Boys & Girls Clubs of America with the approval of the Board of Governors. STANDARDS OF ORG BOYS & GIRLS CLUBS OF AMERICA NIZATIONAL EFFECTIVENESS May 2006 As revised and approved by the National Coun it of Boys & Girls Clubs of America at its annual meeting in May 2006 Review of Compliance with Membership Requirements Is your organization in compliance with the following BGCA' Requirements for Membership? Yes No Membership Requirements Audit: Cause an audit of its financial accounts to be made and reported letter, if issued, thereof to be sent to Boys & Girls Clubs of America organizations. Member organizations with annual revenues totaling audit. upon annually by an independent certified public accountant and cause a copy of such audit and management and shall maintain its financial records in accordance with generally accepted accounting principles for nonprofit ess than $100,000 may submit a review of financial statements by an independent public accountant in lieu of such Compliance: Comply with all applicable federal, state and local laws and reporting requirements and conduct its business with high ethical standards. Records: Keep satisfactory records of the youth served by the Clubs it operates, their activities, programs and attendance. Dues: Pay to Boys & Girls Clubs of America annual membership dues as determined by the National Council. Benefits: A. Make the following benefits available to its full-time employees * Comprehensive major medical coverage. * Group life insurance. * A retirement program which is qualified under applicable Internal * A long-term disability plan. B. Maintain a salary structure that is competitive with other local organizations C. Review, at least annually, its employment policies and procedures regulations based on applicable federal, state and local laws and and pay at least 50 percent of the cost of such benefits. Revenue Service regulations. and agencies. and take requisite steps to achieve ormaintain compliance with equal employment opportunity regulations as are in effect from time to time. Liability Insurance: Maintain comprehensive, general liability coverage extended to name Boys & Girls Clubs of America as an additional insured with a combined minimum single limit of coverage in the amount of at least $1 million which shall be and file a certificate of insurance with Boys & Girls Clubs of America annually. Organizational Assessment: A. Conduct, every third year, an organizational assessment in consultation entities based on "Standards of Operational Effectiveness". app-oved B. Maintain a rating of `operational" as defined by the "Standards Organization. with Boys & Girls Clubs of America and utilizing its respective governing body, staff, and other appropriate by the National Council and submit a report of this assessment to Boys & Girls Clubs of America. of Operational Effectiveness". Such rating shall be determined and assigned by the governing body of each Member Communication: .Maintain at least one computer capable of electronic communication with Boys & Girls Clubs of America. Background Checks: Conduct criminal background checks of all would disclose, at minimum, sexual offenders and include a social security regular intervals, not to exceed 24 months of employment. employees and volunteers who have repetitive direct contact with children. Such checks should be of the type that number trace and a national criminal file check. Such checks shall be conducted prior to employment and at May 2006 Page 2 of 31 Does your organization have operating policies and practices t at comprise BGCA's Core Promises? Yes No Core Promise Safety — All Boys & Girls Club organizations should develop a comprehensive • Safe daily operations • Crisis response preparedness • Strategic risk management planning Each Club should: • Review the organization's safety and facility policies, • Review the organization's insurance coverage, • Review existing and pending facility use agreements, • Establish an active Facilities and Property Committee which addresses • Maintain reasonable staff ratios and provide regular staff training, • Consistently document procedures, accidents and incidents, • Establish a realistic safety budget, and • Take the long view on risk management. safety program to make continued improvements in three key areas: safety policies and procedures, The organization meets above requirements regarding safety. Impact — Commitment to Quality process The organization completed the annual Commitment to Quality impact assessment. The results from the assessment are used to improve the quality of the programs offered. Hiring Staff and Selecting Volunteers of High Character — An organization's them current. A thorough screening process should be: • Legally compliant • Systematic • Match the level of screening with position -specific risks • Applied uniformly to the selection criteria foral candidates for a specific Essential steps for thorough staff screening include: • A screening policy that is compliant with current employment laws • Clearly written position descriptions and selection criteria, • Detailed recruitment and application processes, • An interviewing process that consists of scripted, open-ended questions • Thorough reference checks, • Criminal background checks, which must be conducted at regular • Provide an orientation for new employees or volunteers during an overall standard of care should combine practical policies and procedures with a strategy to keep position and exercises a reasonable standard of care, and the applicants should be encouraged to ask questions, intervals not to exceed 24 months, and established provisional period. There are up-to-date, written policies and procedures • the organization's intent to be fair, consistent • background checks, the consequences o#' person from employment or volunteer service; • confidentiality and security of all information. reviewed by counsel that address: and nondiscriminatory, and to meet all legal requirements; providing false or misleading information and criminal or civil records that will automatically bar a and There are clearly written job descriptions for • duties and responsibilities, • education and experience, and • professional and ethical conduct required each position that define: for the position. May 2006 Pag 31 Yes No Core Promise All staff and volunteer candidates are required • information about an applicant's work tistory, • waivers and statements about the Club's to complete an application form that collects: education and background. hiring practices. There is a defined process to gather information • a fair and consistent process to screen resumes; • telephone interviews to pre-screen candidates; • interview questions and rating that utilize to be successful in the position; • use of more than one interviewer during • selection based on meeting job requirements, needed to make informed hiring and selection decisions for staff and volunteers including: a "Behavior -Based Interview and Selection" method to assure skills, knowledge and character needed in -person interviews; core competencies and experiences which align to requirements of the job and work environment. Reference checks to gain insight into the candidate's • past employers; • supervisors; • co-workers; • subordinates; and • others, depending on the position. experience, skills and character are conducted with: Background checks on all staff and volunteers checks should include: • a Social Security number trace; • a national criminal record search; • a national sex offender registry search; • • additional background checks as approp are conducted prior to hiring and at least every 24 months after hiring. Minimally, background d ate to specific positions. There is a defined system to evaluate findings • barrier crimes that automatically bar the • a process for creating a review committ.e o seriousness of the crime; o length of time since last offens:; o pattern of criminal activity; an. o activities in which the applican : bout criminal records or other concerns uncovered during the hiring process that includes: person from consideration; to evaluate hiring recommendations of staff or volunteers with criminal records that take into account: has been involved since the offense occurred. A formal introductory period for staff and vol • an employment agreement, signed by th • an organizational code of ethics signed . • a formal appraisal of performance at the nteers is established that includes: new staff or volunteer; y the new staff or volunteer; and end of the introductory period. Financial Oversight — Successful financial management is a result of a string management process, it is important for each person involved with the C1u financial system works, since nonprofit organizations are run differently than • Roles for the CVO and other board members, CPO and other staff, • A system for planning, developing and monitoring budgets and cash • A conflict of interest policy and sign -off procedure for board and staff, • A policy for managing investments, • A risk management strategy for financial, physical and other threats, • Financial management policies and procedures, • Polices which ensure donor requirements and financial reporting guidelines • Policies for conducting financial reviews. joint initiative of the CVO and board, CPO and other Club staff. As part of the financial to understand his/her role in the process. In addition, the board should understand how the Club's for -profit institutions. Each organization should establish: and Club volunteers, flow, are met, and May 2006 Page 4 of 31 Yes No Core Promise There are clearly defined- roles and responsibilities for how board and staff work together to assure that the organization's finances meet all legal, ethical and business requirements. • The board protects the organization's asets and provides oversight to fmancial systems, budget, policies, procedures, insurance, legal and donor requirements. • Staff develop and implement financial systems and budgets and oversee day-to-day implementation of financial policies, practices and standards. There is an active board finance committee tht: • develops and monitors financial policies • reviews financial statements and reports, • develops an investment strategy, and • assures the organization has a risk management and practices, plan. The organization has policies, procedures and systems practices. These include: • clear limits of authority • internal controls over expenditures • systems and procedures for: handling and donor, legal and financial spending and deporting • controls to ensure restricted funding and • compliance with all local, state, federal, that are reviewed and monitored by the finance committee to assure sound financial processing income; collecting and reporting membership; participation and outreach data; and meeting requirements. endowments are accurately monitored and appropriately spent [RS and ERISA regulations Under the direction of the finance committee and/or auditor, annually. • A separate audit committee is recommended • The finance committee or treasurer reviews • If a management letter is received, it is provided audit committee, a complete financial audit is conducted by a board -appointed, independent for organizations with budgets larger than $2,000,000. Form 990 prior to submission. to BGCA and an appropriate response is prepared and implemented. An annual organizational budget is developed objectives. • Fundraising and administrative expenses and approved by the board to assure resources are allocated to meet organizational goals and fall between 15 to 20% of the total budget. The board develops and approves an investment • investments are diversified and performance • a spending rate policy provides guidelines management policy that assures: is closely monitored and on maximum percent of principle to be used for operating. There is an annual evaluation and update to the • a physical review of facilities and vehicles; • a review of insurance coverage; and • a review to ensure that the organization's organization's overall risk management strategy. This includes: building(s) are up to city, state and federal codes and have all required inspections and certifications. Ethics and that create • Defining • Developing • Requiring • Requiring • Maintaining Accountability - Building an organization committed to the highest an environment of transparency, accountability and integrity, including: roles for the board of directors, staff and volunteers. and providing a code of ethics for employees. a signed code of ethics for the board of directors. a signed code of ethics for vendors. a compliance, reporting, and investigation policy. ethical standards demands more than just following the law. It also requires fostering practices May 2006 Pag 31 Yes No Core Promise There is a board -approved ethics policy with a supported by: • training for all staff and volunteers; • an appointed ethics officer; • whistle -blower protection; and • a compliance, reporting and investigation conflict of interest statement that is signed annually by all board and staff. The policy is policy. Accurate membership and participation data — It is essential that information collected, organized and presented with a high level of accuracy and credib is consistently implemented in every unit. Establish a system for collecting • determining the needed information and clearly defining the terms • developing a carefully thought-out system for collecting and recording • training staff to collect the information, • determining how information will be stored and how long it will be • tracking and counting youth served in membership and through community used to monitor performance and communicate the Club's reach, participation and impact be lity. Each Club must define a process for collecting, storing and organizing data and ensure the process data by: data, kept, and outreach. Standard Boys & Girls Club definitions are used • registered members, • youth served through community outreach, • attendance, and • average daily attendance. consistently to count: There is a tested, well thought-out system cons member participation on a daily basis. This s • a current membership form with a p • a defined policy and practice for ent • a defined policy and practice for rec • a written record of all attendance and • an organizational goal of at least 25 stently applied throughout the organization for collecting and recording information about tem includes: rent or guardian signature on file for every Club member; ring and exiting the building that includes recording attendance; rding attendance at off -site activities; program participation; and 0 of members participating daily. There is a tested, well thought-out system for %M consistently applied at every Club. This syste • a defined policy and practice for collecting • collecting and recording informatio • a written record of all attendance an. participants. Ileeting and recording youth served through community outreach on a daily basis that is includes: and recording youth served through community outreach; daily; and program participation including name of event, date, location and total number of non-member All staff are trained in every aspect of the Clu youth served through community outreach. • Each unit has a designated staff per -on • Roles for all staff are clearly define • There is a board policy defining sta 's polices and practices for tracking attendance and participation of registered members and responsible for managing and implementing this system. and included in job descriptions and performance plans. dards for accurate organizational data. There is a defined policy and procedures for h¢w • all information can be easily retrieved • there is a record retention policy of at • information about individual members information is stored that assures: by authorized staff; least five years; is kept confidential; May 2006 Page 6 of 31 Yes No Core Promise • all information is backed up. All data is repeatedly checked for accuracy before • an ongoing system for monitoring p-ocedures • two people reviewing the information; • the CPO and CVO approving all reports it is presented to anyone outside the Club or used in any marketing material. This includes: to assure they are followed consistently at all units; and before information is presented outside the organization. Has a plan been developed with your organization supported b your regional service director, to respond to any standards not met? II Yes n No May 2006 Pag, 31 STANDARDS OF ORGANIZATIONAL EFFECTIVENESS (SOEs) B ARD GOVERNANCE Topic Summary A. BOARD DEVELOPMENT PROCESS Developing ❑ ❑ 0 There is an informal process for identifying and recruiting board members, not necessarily based on the organization's goals and objectives. Operational ❑ ❑ ❑ Three organization has and utilizes a w tten, board -driven process for the identification, selection, recruitment an orientation of board members b ed on its goals and objectives. Individual responsibilities, as well as co lective roles of board volunteers ar- written and clearly defined. Advancing ❑ ❑ ❑ The organization utilizes a written, ongoing board development process, which includes identification, recruitment, selection, orientation, ongoing evaluation and recognition. 60% of eligible board volunteers are recognized utilizing Boys & Girls Clubs of America's National Service Recognition Awards or equivalent recognition program. Excelling ❑ ❑ ❑ The organization has one or more hoard members who are Movement leaders and who share models for a written board development process, which includes identification, recruitment, selection, orientation, ongoing evaluation and recognition. 80% of all eligible board volunteers are recognized utilizing Boys & Girls Clubs of America's National Service Recognition Awards or equivalent recognition program. B. BOARD MEMBERSHIP ❑ ❑ ❑ The board has few, if any, active community leaders who influence community decisions and resources, There is little board involvement that fulfills the organization's needs. ❑ ❑ ❑ T e board has some recognized b iness and public leaders who n uence community decisions and resources. The organization has a bard -approved code of ethics and co flict of interest policy on which individual board members sign off o an annual basis. There is a m.derate level of board involvement in the appropriate areas of the or• anization, and the board has b:r_un to establish a good re ationship with local, state and federal government officials. ❑ ❑ ❑ The board consists mainly of business and public leaders who influence decisions and resources and who are involved in meeting most of the organization's needs. The board has good relationships with local, state and federal government officials who understand the value of Boys & Girls Clubs. ❑ ❑ ❑ The board consists of business and public leaders who influence decisions and resources, provide effective governance, generate needed resources and are actively involved in meeting the organization's needs. The board has excellent relationships with local, state and federal officials. May 2006 Page 8 of 31 Topic Summary C. GOVERNANCE LEADERSHIP AND COMMITTEE STRUCTURE D. BOARD FINANCIAL GIVING E. BOARD DIVERSITY Developing Operational Advancing Excelling There and/or the res.onsibilities. an bo: or!anizational Volunteer a : Pr. of dri str-tegic m.rger, in O pe ■ 0 0 ■ ■ O ❑ ■ ■ 0 ■ ■ Committees/task groups have defined written objectives consistent with the organization's written strategic plan. Officers lead board member involvement and are given new leadership opportunities to support the organization's written board succession plan. With input from external and community stakeholders, a written strategic plan is updated and reviewed annually that includes clear benchmarks and outcomes. An evaluation of effectiveness is completed annually. The board has no functioning committees and/or task groups. There is little structure and minimum officer involvement. No board governance is evident. The Chief Professional Officer does not receive a formal annual performance review. are appointed committee task group teams with chairs occasionally meet and act on Officers are elected involved in assigned roles. The d is in compliance with by-laws. The Chief Officer has been provided GCA orientation on the Core mises and has signed a statement derstanding. A written board- en strategic plan addressing initiatives (collaboration, growth with impact, etc.) is .lace. The Chief Professional icer receives an annual written ormance review. The board has organized, functioning committees and/or task groups with , chairs that make written recommendations for board action. Officers are functioning in accordance with defined leadership roles and a written succession plan for board leadership is in place. A written board -driven strategic plan is integrated into board and committee/task group meetings. The Chief Professional Officer receives a formal annual written performance review based on measurable objectives linked to the strategic plan and agreed on by the board leadership and the Chief Professional Officer. At make the Volunteer those The the Taxes 0 0 ■ • ■ ■ • • 0 0 ■ 0 100% of board members make a personal unrestricted gift to the annual campaign. All board members have a written annual personal giving plan. 25% of the individual board members make a written commitment to the Club's endowment program. 90% of all board members achieve their personal giving plans. 50% of the individual board members make a written commitment to the Club's endowment program. At least 50% of board members make a personal unrestricted gift to the annual campaign. least 75% of board members a personal unrestricted gift to annual campaign. The Chief Officer personally solicits members who are not giving. board has been informed about purpose and goals of "It Just One." The makeup, community this provides edication members. coisidered functions. ■ ■ ❑ ❑ ■ 0 • 0 0 0 ■ • The board is diverse in its makeup, is reflective of its community and has a written plan underway to maintain diversity. One or more board members are Movement leaders sharing models and best practices in valuing diversity. The board is not diverse in its makeup or in relation to its community. board has some diversity in its is reflective of the and has a plan to expand diversity. The organization an annual diversity opportunity for its board Diversity standards are in various committee The organization conducts a formal assessment of the board's makeup and develops written plans based upon the assessment results. May 2006 Pag4 31 Topic Summary Developing Operational Advancing Excelling F. CORPORATE DATA TRACKING All definitions. forms av1.-lable. thought-out collecting m A th fo d= tracking th • • • ® 0 ❑ O • • ❑ There is limited tracking of data, a lack of systems, and tittle, if any, board and staff accountabilities. units use standard BGCA Signed membership for the current year are There is a tested and well system for daily and recording of mbership and participation data. 1 data is checked and signed off by CVO and CPO before being used external audiences. There is a ined system and process for and counting youth served ough community outreach. There is a system for collecting and recording program participation data. The Club has a board -approved organizational measurement strategy which utilizes BGCA metrics for participation and daily attendance. The Club has a plan to measure outcomes of targeted programs and overall Club outcome using the Outcome Measurement Tool Kit. G. BOARD MEETINGS/ ATTENDANCE T in 5 P a V p al pr develops bcard each groups re;ommendations The retreat members Board meetings are not held on a regular basis. Attendance is less than 50%. Agenda is dominated by problems and crises, preventing board from dealing with substantive policy issues. ere are regular, scheduled board etings attended by not less than % of the members. The Chief fessional Officer develops the enda and reviews it with the Chief lunteer Officer. Board business ckets are prepared and delivered to board members at least 10 days or to a meeting. The organization and distributes an annual calendar at the beginning of year. Committees and task provide reports and for board action. board conducts an annual board with at least 50% of board in attendance. The board has regular, duly constituted meetings with not less than 60% attendance and with a clear focus on policy issues and decisions. Utilization of technology (i.e., teleconferencing, online meetings, etc.) to support member participation in meetings is evident. At least one meeting per year has a BOARDROOM Training module or equivalent training. The board conducts an annual board retreat with at least 60% of board members in attendance. The board has regular, duly constituted meetings with not less than 65% attendance, active participationand a clear focus on policy issues and decisions. There is a written plan for utilizing technology in board member communication and business meetings. At least two board meetings a year are comprised of BOARDROOM Training modules or equivalent training. The board conducts an annual board retreat with at least 65% of board members in attendance. H. STATE ALLIANCE SUPPORT AND INVOLVEMENT The member however, meetings the the The board has no awareness of the state alliance and leadership has no contact with state officials, to support alliance efforts. organization is a contributing of the state alliance; participation at state is limited. Promotion of alliance only happens to benefit local organization. Board members and professional staff promote the alliance and actively contact state leaders to support the work of the alliance. The board and CPO assure Club involvement in statewide projects. The board works in conjunction with the alliance leadership to gain support from state leaders. Board members have an opportunity to serve on the alliance board or committees. Board members and the CPO actively support state initiatives to enhance statewide collaboration. May 2006 Page 10 of 31 Topic Summary Developing I. BOARD EDUCATION AND PARTICIPATION Operational Advancing Excelling ❑ ❑ ❑ There is very little or no planned education or participation by board members in Boys & Girls Clubs of America events and training. There is little use of BGCA board development training tools or equivalent board training. The CVO is registered on bgca.net. ❑ ❑ ❑ There is board participation in Area Council events, state alliances, and board leadership conferences. All board members have attended a local board member orientation and received and reviewed the BOARDROOM new board member CD ROM. The CVO has received and reviewed the BOARDROOM CVO Guide and Toolkit CD ROM. Officers and committee chairs are registered on bgca.net. 0 ❑ ❑ The organization has strategic board representation/participation at key Boys & Girls Clubs of America and other events including Area Council meetings, state alliances, board leadership conferences and the National Conference. Board officers meet the Silver Level of the BOARDROOM Board Education Skills Training (BEST) program (8 Modules) or equivalent training every three years. 50% of board members are registered on bgca.net. ❑ ❑ ❑ Board officers and committee chairs meet the Gold Level of the BOARDROOM BEST program (12 Modules) or equivalent training every three years. Board members are actively engaged; take initiative and plan continuous learning opportunities; share/seek best practices and are active in planned continuing education for board volunteers. J. LEADERSHIP: BOARD SUPPORT FOR TECHNOLOGY ❑ ❑ ❑ The organization does not have a Technology Committee/Task Group to address technology in a formal plan. ❑ ❑ ❑ The board has a Technology Committee/Task Group; however, the organization lacks a formal technology plan that is integrated into the overall strategic plan. Re ources for technology are allocated on an as -needed basis. A technology -based process for tracking membership fees and participation data is monitored by the board. ❑ ❑ ❑ The organization has a written, board -approved technology plan that is integrated into the overall strategic plan. The plan includes a Web strategy, technology program for members, Internet safety, and acceptable use policies. ❑ ❑ ❑ The technology plan is fully funded, staffed and part of the ongoing budget. Technology is integrated throughout all areas of the Club operation. Policies and procedures are in place to drive continuous system improvements and to support technology replacement cycles. Pag+ If 31 May 2006 STANDARDS OF ORGANIZATIONAL EFFECTIVENESS (SOE) UMAN RESOURCES TopicStirnmml 1D, evel:apini; ' Operational Advan:cm� Excelling A. CHIEF PROFESSIONAL OFFICER/ LEADERSHIP The Chief Professional Officer The CPO/leadership team possesses The CPO/leadership team The CPO/leadership team TEAM (CP0)/leadership team needs basic management training. basic leadership executive competencies and attributes as outlined in demonstrates effective leadership as outlined in the Professional demonstrates a high level of executive competency in providing the Professional Development Development System "Executive" leadership to the organization as System "Executive" Profile and the Profile and the Chief Professional outlined in the Professional Chief Professional Officer Officer Leadership Model. The Development System "Executive" Leadership Model. organization has a staff succession plan and deploys career development accordingly. Turnover is analyzed for human resource planning. The CPO has a written performance evaluation based on the strategic plan that is conducted annually by designated board leadership. profile and the Chief Professional Officer Leadership Model, The organization develops a written plan and scorecard based upon the key human resource factors. The CPO is actively engaged in support of Movement -wide initiatives. • • o • • ■ o • • ■ • ■ B. JOB CLASSIFICATION AND The organization has an informal is All salaries and wages are in range The organization has utilized The organizationprovides monetary g COMPENSATION salary administration program and committed to improving salaries. of the recommended Job lassification and Compensation QUEST to create a written Job Classification and Compensation and non -monetary pay for performance. Reward systems are MANAGEMENT Salaries and wages are not within anagement Program or equivalent Management Program that is revised based upon board -approved strategic PROGRAM established ranges. No formal lary administration model. There is every two years, which includes up- performance standards goals and performance management system in place. a performance plan in place. to -date job descriptions, performance profiles and reviews, and an organizational chart. The board has approved the salary plan with appropriate funding for merit increases and equity adjustments. A performance management plan is in place for all full-time and part-time employees. ethics that are acceptable for not -for - profit industry business practices. May 2006 Page 12 of 31 1 %%immary Developing Operational Advancing' Excelling C. PROFESSIONAL DEVELOPMENT PROCESS • ❑ 0 There is no identifiable, consistent orientation or training for staff. Job profile and job descriptions are utilized for developing a basic plan of action to support job related competencies. CPO completed the New Executive Orientation training within the first year of employment. • • • A "Professional Orientation Program" is in place for all staff as well.as a staff development plan. The organization assures a budget allocation to support the staff development plan. When appropriate, the chief professional officer has completed the New Executive Orientation Program eight months after the date of employment and attends the Executive Leadership Program within two years of employment. The CPO has been provided a BGCA orientation on the Core Promises and has signed a statement of understanding. A written, annual staff development plan is in place. All eligible staff is active members of The Academy' Boys & Girls Club University at the member professional level. • • 0 The organization utilizes a formal, written professional orientation and training program and a written, two year, professional development career plan. Training opportunities are identified that address the gap in staff development. Part-time staff participates in a minimum of eight hours of training, and full-time staff participates in a minimum of 24 hours of training annually. The organization ensures that the appropriate tools, resources and professional memberships to support and train staff are in place (Professional Development System). Policies include a written, board - adopted succession -planning strategy. The organization utilizes BGCA's Training Management System to manage and maintains records maintain records for all staff attending training. 0 • II Part-time staff participates in a minimum of 16 hours of training, and full-time staff participates in a minimum of 48 hours of training annually. Training plans are tied to the written compensation plan, career tracking and succession plan. D. HUAN RESOURCE M POLICIES • The organization has limited written human resource policies. Background checks are not consistent with BGCA membership requirements. • • The organization maintains compliance with Equal Employment Opportunity regulations. The regulations are consistently applied throughout the organization. Background checks are performed on all staff and volunteers including board members at intervals not less than every 24 months. Records of arrests (not just convictions) are obtained for new employees prior to hiring. The organization provides ongoing training and legal updates for supervisors. The organization has comprehensive, written human resource policies that are reviewed and revised annually by internal human resource professionals and internal legal counsel. Background checks, which include inquiry into credit, driving and sexual offender databases, are performed on all staff and volunteers including board members at intervals not less than every 12 months. The organization provides ongoing training and legal updates for all staff. There is a written succession plan for the CPO and other key staff. •• The organization has comprehensive, written human resource policies that are reviewed and revised by extemal legal counsel not less than every two years. Background checks (including finger printing/screening) are performed on all staff and volunteers including hoard volunteers within 12 months of initial service and re -checks are performed on an annual basis. The organization has access to an online HR advisor or service. Records of arrests (not just convictions) are obtained for new employees prior to hiring. May 2006 Pag jf 31 is iSummaty Developing' Operational Advancing Excelling E. ETHICS The approved fin conflicts reporting, confidential information, government fundraising. ■ O • D D ■ ■ D ■ ■ ■ O The organization does not have a code of ethics for staff. organization has a board- code of ethics statement staff and board which addresses of interest, financial professional conduct, and proprietary political activities, relations and The organization has a board- approved code of ethics statement for staff, board and vendors which addresses conflicts of interest, financial reporting, professional conduct, confidential and proprietary information, political activities, government relations and fundraising. The Club has defined organizational values and has developed policies and training to carry them out. F. HIRING PRACTICES D D D The organization does not have current written job descriptions for all staff and does not use a set of board approved procedures for hiring and screening full, part-time staff, and volunteers. j .f l .nd ■ • ■ ■ D ■ ❑ D ■ the organization has current written lb descriptions for all staff and tilizes a board approved, written set legally compliant procedures for sting, screening, hiring, selection, orientation of all paid staff and olunteers. The organization utilizes QUEST to create an up-to-date human resource package for full-time and selected part-time employees who include: a job based Behavior Based Interview and Selection guide, External counsel reviews and provides recommendations on hiring practice procedures. The organization performs a written assessment to insure a direct alignment with its strategic plan and mission outcomes, to job listings, screening process interview questions, job profiles, and performance/career planning. G. DEPLOYMENT OF TECHNOLOGY FOR STAFF .ccess Productivity .ccess • • D • D • • • • • D ■ The organization provides limited technology to staff. Most key staff has an email address and is registered on www.bgca.net. Most he organization's leadership and ey staff have a computer orkstation with high-speed Internet and a full package of software such as icrosoft Office. All full-time staff as an email address and is egistered on www.bgca.net. Full- All full-time staff has daily access to a current generation computer workstation with high-speed Internet access and a full package of productivity software such as Microsoft Office in their work area. A written technology plan exists. All staff has an email address and is registered on www.bgca.net. All staff has and utilizes a personal locker and profile on QUEST. All staff computers throughout the organization are networked and have operational Internet access. The organization has a dedicated IT support professional to oversee technology. The written technology plan is updated every year and adopted by the board. A technology upgrade/replacement plan is in place. staff has basic Internet skills/ training. 'me staff has completed a written chnology assessment and have to BGCA's QUEST nowledge Management System. H. STAFF DIVERSITY .f D D D he board is supportive and ecognizes the importance of iversity: The organization has fans to address identifiable gaps egarding diversity and has an ncreased awareness about the value a diverse staff. ■ D ■ • • • • E ■ The organization's staff makeup does not reflect the community's diversity and there are no plans in place to change the situation. The organization conducts a formal assessment of staff composition, Club climate and develops written . plans based upon assessment results. The board approves written strategies and action plans in support of the organization's diversity initiative, monitoring and managing progress and results. The diversity plan is monitored by the board and updated annually to reflect emerging trends, opinions and feedback from staff, volunteers and community. May 2006 Page 14 of 31 Topic Summary D-ekeloping I. COMPETITIVE BENEFITS ❑ ❑ ❑ The organization does not pay 50% of the cost of minimum and essential benefits. Operational 0 ❑ ❑ The organization pays more than 50% of minimum and essential enefits. Advancing ❑ 0 ❑ The organization pays at least 80% of the costs for minimum and essential benefits. Part-time staff has access to a benefits package that includes health benefits. Excelling ❑ ❑ 0 The organization pays more than 80% of the costs for minimum and essential benefits for staff and dependents and offers other incentives such as a dental/vision plan and personal leave. The organization contributes to a benefit plan for part-time staff. J. STAFF PARTICIPATION IN BOYS & GIRLS CLUBS OF AMERICA EVENTS AND PROGRAMS K. TECHNOLOGY SKILLS 0 0 ❑ There is limited participation in Boys & Girls Clubs of America's training events and conferences. The CPO and other key staff are members of the Academy. ❑ ❑ ❑ Appropriate Club staff has only a basic skill level for using technology. ❑ ❑ ❑ Staff participates in core training events as outlined in requirements for the Professional level of the Academy of Boys & Girls Club Professionals. The CPO attends either an Administrative Conference and/or the National Conference annually. All full and part-time youth development professionals have completed the 3 basic training sections of BGCA's Gear UP! CD ROM. 0 ❑ 0 Appropriate Club staff have received training to use basic productivity software, the Internet and other applications (i.e.: membership management, donor management, financial management, etc.) important to their job function(s). ❑ ❑ ❑ 100% of eligible staff participates in the Administrative/Leadership Conference, National Conference or Youth Development Conference annually. 75% of eligible staff is members of and active in the Academy of Boys & Girls Club Professionals at the Member level. 50% of eligible staff, including the chief professional officer, is members of the Academy at the Professional level. ❑ 0 ❑ Appropriate Club staff utilizes technology to enhance their effectiveness and efficiency in all major components of their job. The Club has a technology training plan for staff and provides competency - based testing of skills. 0 ❑ ❑ 90% of all eligible staff is members of the Academy of Boys & Girls Club Professionals and 75% of all eligible staff are members of the Academy at the Professional level. The CPO and other key staff have achieved the Distinguished level in the Academy of Boys & Girls Club Professionals. Staff is actively engaged in support of Movement - wide initiatives and serves on BGCA task forces and planning committees. Key staff is members of external and internal professional organizations. ❑ ❑ 0 The Club has a written technology training plan for staff that is budgeted and adopted by the board of directors. All full-time staff is regularly tested for IT skill competency. Pag Df 31 May 2006 STANDARDS OF ORGANIZATIONAL EFFECTIVENESS (SOE) RESOURCE DEVELOPMENT TopIC.i: :Ltbinary A. RESOURCE DEVELOPMENT STRATEGY/ DIVERSIFIED FINANCIAL SUPPORT B. RESOURCE DEVELOPMENT INFRA -STRUCTURE C. INDIVIDUAL AND MAJOR GIVING (EXCLUDING SPECIAL EVENTS) etheloping ❑ O ❑ The organization does not have a Resource Development (RD) Committee. The organization's fundraising is erratic with experimentation, poor results and is overly dependant on a single source of funding. There is no written RD plan. Active cultivation of new donors and prospect identification and classification are non-existent. ❑ 0 ❑ The Chief Professional Officer is the only person supporting the resource development effort. There is no database to collect and track donor information and gifts. ❑ ❑ 0 The organization receives support from individuals including alumni, but does not have a comprehensive plan to ensure that requests to individuals are coordinated and strategic. Board members are not involved in personalized solicitations. At least 50% of Board members support events and some make personal unrestricted gifts to the annual campaign. Operational 0 0 ❑ unding meets the organization's eeds for the current year but is ighly dependant on one source of unding. There is a Resource development Committee that oordinates an RD plan which ncludes a strategy on how to ultivate new donors. Board embers are engaged in classifying rospects for their capacity, ability d propensity to invest in the Club. o more than 40% of funding comes rom a single source. ❑ ❑ ❑ resides the Chief Professional Ifficer there is/are staff who as/have resource development ccountabilities included in his/her ob description. There is a written rganizational case statement that ocuments the need for support. he organization maintains accurate ersonal and participation donor ata electronically and tracks it over ultiple years. 0 ❑ ❑ comprehensive plan for individual upport includes an annual giving rogram that recognizes and elebrates individuals. At least 50% f board members are actively nvolved in personalized olicitations. Less than 75% of oard members make personal nrestricted gifts to the annual ampaign. Adhancin7 ❑ ❑ ❑ The board of directors has approved a written 3-year resource development plan that clearly illustrates no over -dependency on any one source of funding. Board members are actively engaged in cultivating new prospects. The Club regularly uses research to classify current donors and obtain new donors. No more than 30% of funding comes from a single source. ❑ ❑ ❑ The organization has specialized staff to support the resource development plan. Staff and board members receive ongoing training to support building their resource development knowledge. The organization has an electronic donor management software application that generates reports. The organization uses the database system to instantly generate reports on donors and campaigns for increased fundraising success. ❑ ❑ ❑ A written comprehensive plan for individual support includes a multi- year, annual giving strategy that ensures strong individual support. A minimum of 15% of the budget comes from individuals as unrestricted gifts. A minimum of 75% of board members are actively involved in personalized solicitations. 100% of board members make personal unrestricted gifts to the annual campaign. Excelling ❑ ❑ ❑ The board of directors has a 3 to 5- year written resource development plan that is integrated into the organization's strategic plan and includes strategies for multi -year funding, individual and major gifts, endowment and planned giving. The organization regularly screens its donor database to identify the potential of increased giving. No more than 20% of funding comes. from a single source. ❑ 0 ❑ The organization has dedicated staff, such as a director of development, to support the resource development plan. The organization uses donor management analytical tools and reports to increase fundraising success through targeted solicitation. The donor management.software is fully integrated with financial management software. ❑ ❑ ❑ The organization has a comprehensive strategy for cultivating support from individuals that includes an annual campaign, and other measures to increase giving from individuals. A minimum of 20% of the budget comes from individuals. 100% of board members are actively involved in personalized solicitations. May 2006 Page 16 of 31 Ta:jjic-Summary Developing Operational Ad1�ancing Excelling D. SPECIAL EVENTS T e c d d ■ 0 ■ ■ 0 ■ ■ ■ ■ ❑ ❑ 0 The organization conducts well planned special events generating 15%ofthe organization's annual operating budget. The visibility of the organization is enhanced by the events, and high -profile volunteers comprise the committee's membership. Attendees are regularly recruited for ongoing organizational participation. The organization conducts no special events. e organization conducts special ents; but planning is limited, .mmittee roles are not clearly fined and the events are staff- iven. The organization conducts well planned special events that maximize return on investment. The committee roles are well defined, and strategies regarding leadership recruitment, cultivation, and fundraising are written and well defined. There is an intentional plan to cultivate attendees to become annual donors. E. GOVERNMENT FUNDING T u government i s n-ed h:d o t r ❑ ❑ • ❑ • ■ ■ ■ • ■ • ■ The organization does not receive government funds, nor does it have the knowledge or contact base to pursue such funding. Members of the board have little if any access to key individuals with government resources at their disposal. e organization has an derstanding of the availability of funding and has quired about strategies to access ch funding. It understands the to improve in this area, but has little success to date. Members the board have some access to ose controlling government sources. The organization actively pursues local, state and federal funding opportunities. It has good knowledge of proposal writing and knows how to market services that the Club provides. The organization is using government funds to leverage additional private funding. The organization is a contributing member of its state alliance. Members of the board have developed relationships with those controlling government resources and have ongoing communications with Boys & Girls Clubs of America. The organization receives a minimum of 5%, but no more than 25% of its income from a single government source. The organization has a keen understanding of the potential of government funding. The Club does an excellent job of leveraging government dollars to match income from private sources. Members of the board have a wide range of contacts within key government offices and have used such contacts to secure government funding, The organization is actively involved in the Alliance and supports national government relations initiatives. May 2006 Pag )f 31 Developing-, Topic Summary Operational . Advancing Excelling F. PLANNED GIVING AND ENDOWMENT BUILDING ❑ ■ ■ ■ • ■ 0 ■ ■ ■ ■ 0 The organization has no endowment policies or procedures in place. There are no formal programs for the development or promotion of planned gifts or major gifts to the endowment, A staff member spends 5 to 10% of time to run a basic planned giving program. Gift acceptance policies or securities, bequests and beneficiary designations are in place. There is a formalized planned giving ecognition program in place ncluding a Heritage Club (or deferred giving society). 25% of the board participates in the Heritage Club. A planned giving prospect list has been identified and a solicitation ?Ian is in place. A simple marketing plan has been established. A system • or record keeping is established, A staff member spends 10 to 25% of time to market and solicit planned gifts. 25% of the board members have designated the Boys & Girls Club for a planned gift. There are comprehensive gift acceptance policies in place, which include real estate, gift annuities, and charitable trusts. 50% of the board participates in an organizationally sponsored planned giving program, such as in the Heritage Club. The Club markets planned giving in Club publications. The Club has a marketing plan that includes advanced gifts. A staff member spends 25 to 50% of time to market and solicit planned gifts. 75% of the board participates in the organization's planned giving program, such as the Heritage Club. The Club has an aggressive marketing plan, which includes direct mail and marketing to allied professionals. The organization has established named endowment funds and solicits outright gifts to the endowment. STEWARDSHIP AND RECOGNITION ■ ■ 0G. ■ ■ ■ ■ ■ ■ ❑ 0 The organization has no written policies to support and implement recognition and stewardship. There is little communication with donors besides an acknowledgment letter. The organization has written acknowledgment policies. Donors receive an annual report, which at minimum documents sources of unds, uses of funds, giving levels, bhotos of youth, a summary of the /ear's highlights, and relevant activities of the organization. The organization has written gift acceptance and recognition policies. Donors receive 3 to 4 pieces of communication throughout the year demonstrating the Club's impact. Staff regularly visits with top donors. A written yearly plan for stewardship is in place to document how board and staff are to be involved in the stewardship process. Top donors receive personal stewardship visits from board members and top donors are engaged with the organization. H. FOUNDATIONS 0 ■ ■ ■ 0 ■ ■ ■ 0 ■ ■ 0 The organization does not have a strategic plan for writing proposals or for securing grants and is unable to consistently deliver program outcomes, The organization receives funding .rom various foundations. There is an informal effort to attract foundation funding. The organization has a written plan for attracting funding from foundations. The plan includes annual solicitations and is incorporated as part of the organization's resource development plan. The organization delivers the program outcomes defined in foundation proposals. 5% of the Club's annual operating income comes from foundations. The organization has a plan for securing grants from private and corporate foundations and does an excellent job of delivering the program outcomes listed in its proposals. Board members have relationships with key foundation leaders and staff and are able to leverage resources for the organization, resulting in a minimum 10% of Club annual operating income being generated from foundations. May 2006 Page 18 of 31 Topic Summary . BUSINESS SUPPORT Developing Operational Advancing Excelling The n' operating (including cause ❑ ❑ ❑ The organization receives a minimum of 15% (includes in -kind gifts) of its annual operating income from businesses (including income derived from cause -related marketing. ❑ • • O ❑ • • ■ • The organization receives little or no support from businesses, including cause -related marketing income. organization receives a inimum of 5% of its annual income from businesses income derived from -related marketing). The organization has a strategy as a part of its resource development plan through which it receives a minimum of 10% (includes in -kind gifts) of its annual operating income from businesses (including income derived from cause -related marketing. May 2006 Page If 31 STANDARDS OF 0 ANIZATIONAL EFFECTIVENESS (SOE) FIN NCIAL MANAGEMENT Topic =mmary DOEveloping Operational Advanc np - Excelling A. FINANCIAL CONTROLS AND RECORD KEEPING ❑ ❑ ❑ I,egal procedures are monitored and reviewed by staff and board leadership annually. Staff adheres to operational practices. The financial policies are updated and revised every 2 years utilizing external expert counsel. Staff receives ongoing training for implementation. The organization maintains an internal auditing system. The organization has a system adequate to maintain the compliance and precaution of all contracts of agreements. ❑ ❑ ■ ■ ❑ ■ ■ ❑ ■ There are no evident systems in place to ensure compliance with applicable local, state and federal financial regulations. I he organization complies with all I.cal, state and federal regulations. he board has an active Finance 1 ommittee in place. Key staff is ained in the organization's i ternal control standards and '4 stems. There is an adequate i stem to specify and assure .ompliance with industry • andards related to length of time '.r retention and maintenance of ' nancial, inventory, personnel, and arranty records. The .rganization has sound financial .olicies and procedures with which all staff is familiar. The board has a standing Finance Committee which addresses the audit, investments and insurance matters related to the organization. The board monitors the compliance of all contracts or agreements on an ongoing basis. The organization has a separate functioning Audit Committee that manages contracts with accounting and/or CPA files for audit purposes. B. FINANCIAL ACCOUNTABILITY ❑ ❑ ❑ The organization receives an unqualified audit report. The organization has and utilizes accounting software to record and report income and expenses in accordance with generally accepted accounting principles. ■ ❑ ■ ❑ ■ ■ • • • The financial planning and management program is limited and not clearly understood. A written financial management assessment is completed and the staff/organizational needs are identified and aligned to an action plan for correction. —he organization receives an audit by an independent Certified Public Accountant and provides a copy of such to Boys & Girls Clubs of America. The organization has taken corrective action on recommendation(s) from the management letter. The organization files a 990 and/or A133 (if required). The organization puts their audit services out to bid at least every five years. A copy of the organization's 990 is sent to BGCA, posted on the organization's Web site, and copies are available to the public. The organization receives a management letter from an independent CPA with no material findings. The hoard has a freestanding Audit Committee responsible for the appointment, compensation and oversight of an external auditor. The Audit Committee reviews the external auditor's reports and, where applicable, implements timely and appropriate corrective action. May 2006 Page 20 of 31 ` Operational Advancing Excelling o ic Summary Developing C. FINANCIAL STABILITY ❑ ■ 0 The organization has experienced an operating deficit in the last 3 consecutive years. The organization has long-term debt and no written plan to address the debt. A place. long-term, plan ■ • • board -approved budget is in If the organization has moderate debt, a written is in place to address it. III • ❑ The organization has reserves equal to 6 months' operating budget. A board -approved budget is in place. • • • The organization has reserves equal to its annual operating budget, excluding any restricted endowment funds. The organization has no operating deficit in the last 5 years. The organization has no long-term operational debt. D. BUDGET PROCESS ■ ❑ 0 Budget figures are unrealistic and continually revised. The board is not involved in the budget development process. Income projections data not is development at tie • • • and expense budget are based on historical and strategic plan priorities, on percentage increases. There board participation in budget with board approval least 30 days before the start of next fiscal year. 0 • • The organization has a realistic annual budget sufficient to support organizational goals and objectives. Appropriate committees make income and expense projection recommendations that result in a budget which addresses priorities in the strategic plan. ❑ ❑ 0 The board is involved in developing a long-range (at least 3-year) budget to support the organization's strategic direction focusing on capacity, growth and program. E. EXPENDITURES 0 ❑ ❑ There are no evident systems in place to control expenditures within budget. The .lace .oard t. .xpenditures .rocess i .rganizational '.r . t 0 • 0 organization has systems in to control expenditures. The provides ongoing oversight assure organization's are within budget. A exists to educate and form the board of directors of expenditures. No ore than 20% of expenditures are management/general and ndraising. The organization has dequate processes to allocate staff me to functional categories. 0 • • Cash flow projections are developed and reviewed monthly utilizing accepted accounting practices. Prompt corrective action is taken in response to projected or significant variations from budgets. No more than 16 to 19% of expenditures are for management/general and fundraising. ❑ ❑ • No more than 15% of expenditures are for management/general and fundraising. May 2006 Pag >f 31 Topic Summary-. F. FINANCIAL DATA TRACKING Developing ❑ ❑ 0 The organization does not track financial data electronically. Operational ❑ ❑ ❑ the organization accurately tracks 'ncome and expenses lectronically. Data is secured and packed up on a regular basis. ;Advancing ❑ ❑ ❑ The organization uses fund accounting software, and generates appropriate financial statements monthly to accurately track, manage and report on funds from multiple sources, across multiple budget periods. Monthly financial statements are reviewed by management and the board to help make decisions. Financial statements/reports are provided to BGCA on a regular basis as required. Excelling ❑ ❑ ❑ Fund accounting software is fully integrated with donor management software. The system is configured to accommodate staff in remote locations that need access to accounting information over a wide area network (WAN). Financial data is secured and hacked up on a regular basis and is kept off site. G. INSURANCE AND RISK MANAGEMENT ❑ a ❑ Organization lacks adequate insurance coverage or reserve funds. ❑ 0 0 he organization has adequate nsurance coverage meeting all Membership requirements and names Boys & Girls Clubs of America as an additional insured. ❑ 0 ❑ The organization has a written risk management plan, which incorporates adequate insurance coverage. ❑ ❑ ❑ The organization independently reviews and prices insurance coverage for adequacy at least every 2 years. H. INVESTMENT MANAGEMENT ❑ ❑ ❑ Organization lacks policies guiding the management of their restricted funds/investments. O ❑ ❑ "'he organization has restricted funds/investments and has written investment policies and objectives to guide their management. nvestments are diversified and performance is monitored quarterly by the Investment Committee and reported to the Board. The organization uses income in accordance with board policies and donor requirements. ❑ ❑ ❑ The organization's written investment policies address well defined goals and objectives, risk tolerance, asset allocation, disposition of undesignated funds, spending rules, and gift acceptance guidelines. An independent review of strategy and performance is conducted on an annual basis by a noncommissioned professional. ❑ ❑ ❑ An independent investment manager is employed to manage the organization's portfolio in accordance with policy and objective statements. The investment manager has the ability to manage and administer charitable gift vehicles. May 2006 Page 22 of 31 STANDARDS OF ORGANIZATIONAL EFFECTIVENESS (SOE) IMPACT ASSESSMENT/PROGRAM Operational Advancing Excelling Topic Sunrninary': Develo r'� A. SAFE AND POSITIVE ENVIRONMENT All by boards, displayed. o help staff the trained ■ ❑ ■ 0 ■ ■ ■ 0 0 ■ ■ 0 Some program areas are open without adult supervision. Updated bulletin boards and member pictures are not consistently displayed. Members have limited knowledge of the rules and are not engaged in helping to reinforce positive behavior. Staff, volunteers, and junior staff are not clearly identifiable and do not have training in emergency procedures. program areas are staffed continually a responsible adult. Updated bulletin posters, and member pictures are Members are knowledgeable 'rules and are expected to promote and reinforce positive behavior. All is clearly identifiable, is aware of Club's atmosphere and safety, and is in emergency procedures. The Club meets all statements in the operational category and consistently implements 75% of the practices in the area of safe and positive environment, The Club consistently meets all practices in the area of safe and positive environment and provides added value through local practices. B. SUPPORTIVE RELATIONSHIPS S situations ensures a member. it resolution, setting. rr p staff models encouraged Several silnall-group conversations. 0 0 0 The Club meets all statements in the operational category and consistently implements 75% of the practices in the area of supportive relationships. ❑ ■ 0 ■ 0 ❑ ■ ❑ ■ Staff knows the names of regular Club members. There is no planned attempt to ensure every member develops relationships with at least one staff member. Limited attention is spent on the transition of new members and staff do not view themselves as role models for members. Limited time is spent developing peer -to -peer relationships at the Club and there are few spaces available for small groups or quiet pursuits. aff knows names, interests, and family of regular members. Staff that regular Club members have relationship with at least one staff Staff members are trained in formal guidance techniques, conflict decision -making, and goal All members go through a new ember orientation. Staff discusses the ogress of new members in weekly meetings. All staff is positive role for members and friendships are and supported at the. Club. areas of the Club encourage interactions and quiet The Club consistently meets all practices in the area of supportive relationships and provides added value through local practices. May 2006 PagE if 31 Topic Milli— Developing Operational Advancing'- Excelling C. OPPORTUNITIES AND EXPECTATIONS ❑ ❑ • Little time is spent planning the overall Club program. The Club provides limited opportunities in the five -core program areas. Few computers are available for member use and Internet access is not available. Members do not receive a consistent, strong message about the importance and expectation of character, citizenship, leadership, health, and wellness, avoidance of risk behaviors, academic success, graduation, post -secondary education, and career plans. Members do not have a choice in how they spend their time at the Club. S t w c activities for with staffed operating st-ategies expectations citizenship, avoidance success, education, a engage • • • aff meet regularly and work together develop and implement a daily, ekly, _monthly, and yearly program lendar that ensures a range of in all five -core program areas all age groups. A technology center quality equipment is available, and well utilized throughout hours. A wide variety of are used to express high for all members' character, leadership, health, wellness, of risk behaviors, academic graduation, post -secondary and career plans. Members e able to choose what activities they in while at the Club. • • • The Club meets all statements in the operational category and consistently implements 75% of the practices in the area of opportunities and expectations. • ❑ • The Club consistently meets all practices in the area of opportunities and expectations and provides added value through local practices. D. FUN • ❑ • Fun, interest -based activities are restricted to the gymnasium and games room. The Club has adequate space for its program needs, but the building lacks attractive features for young people. Staff members implement activities and programs exactly as prescribed; there are no modifications to attract or retain the interest of young people. Fun, scheduled P-ogram and members. based discussed staff "on ■ ❑ ■ interest -based activities have been for all areas of the Club. areas of the Club are organized designed to be attractive to all The infusion of fun, interest - activities into all program areas is in weekly staff meetings. All members have a ready supply of -the -spot" fun games. ❑ • ■ The Club meets all statements in the operational category and consistently implements 75% of the practices in the area of fun. • ■ ■ The Club consistently meets all practices in the area of fun and provides added value through local practices. E. RECOGNITION • • • Staff members acknowledge the presence of young people by speaking to as many young people as they can as they walk through the Club. Major awards and accomplishments are prominently displayed. The Club provides extrinsic rewards to encourage program participation and celebrate program completion. S.aff d participation strategize redirect staff regularly members' p young rrotivations and • • • members meet on a weekly basis to scuss successes and shortcomings in of youth. Staff members on the best ways to reward or young people's behavior. The has an established system for displaying and updating work and achievement and of oviding extrinsic rewards and assisting people in developing intrinsic to participate in program attain outcomes. ❑ • • The Club mects all statements in the operational category and consistently implements 75% of the practices in the area of recognition. • • • The Club consistently meets all practices in the area of recognition and provides added value through local practices. May 2006 Page 24 of 31 Operational Advancing Excelling Top eSummary Aevelpng „__ F. OVERALL CLUB OPERATIONS AND SUPPORT Cub of of Tmes there recruitment Club least and members, The measuring impact community number and -ncouraged ❑ ■ ❑ ❑ ■ ❑ • ■ 0 0 ■ ■ Club operates on average at less than 75% of optimal daily attendance, less than 30% of members participate two or more times per week throughout the year, and there are no membership recruitment or retention plans. The Club has minimum operating hours and some members are unable to participate because of fees. The Club collects membership information and daily attendance. There are few partners and limited community events take place at the Club. Parents seldom participate in Club activities. operates on average at 75% to 85% optimal daily attendance, 31%to 45% members participate two or more per week throughout the year, and are written membership and retention strategies. The operates six days per week and at five hours per day and membership program fees exclude some but scholarships are provided. Club has an ongoing system for and assessing the reach and of the Club. Club has outstanding partnerships and hosts a of ongoing community meetings special events. Parents are to be involved in the Club. The Club meets all statements in the operational category and consistently implements 75% of the practices in the area of overall Club operations and support. The Club consistently meets all practices in the area of overall Club operations and support and provides added value through local practices. G. TEENS The or teen commitment numbers t.nique Teens and activities. junior is programs teen • 0 ■ 0 ■ • ■ ■ • 0 ■ 0 The Club has dedicated hours and a modest budget for teen programming. The Club's teen program is a version of the core program experience for all members. There is little involvement of teens in the development and implementation of programs and activities. There are regular opportunities for teens to provide service to their Club. Teens with innate leadership abilities are provided ongoing opportunities to utilize and develop their leadership skills. Club has dedicated program hours space as well as an annual budget for programs that reflects a to serve significant of teens. The Club provides a experience for all members. are engaged in the development implementation of programs and There is an active, year-round staff program for teenagers. There an ongoing process, via Club and activities, to develop new leaders in the Club. The Club meets all statements in the operational category and consistently implements 75% of the practices in the area of teens. The Club consistently meets all practices in the area of teens and provides added value through local practices. H. TRANSITIONS The s.affed. name present for 0 ❑ ■ ■ ■ 0 ■ ■ ■ ■ ❑ ❑ The Club meets all statements in the operational category and consistently implements 75% of the practices in the area of transition. The Club consistently meets all practices in the area of transitions and provides added value through local practices. There are no policies for how members enter and exit the building. The front entry is not distinguished by check -in- desk staff. Members are not greeted as they enter the building and membership cards are not required. The Club does not conduct a new member orientation and there are few program schedules on display. Club has defined policies on how members enter and exit the building. The entry area is clearly defined and Members are greeted by first as they enter the building and must a membership card to gain entry. The organization conducts an orientation new members and daily, weekly, and monthly schedules are posted in a prominent location and at the entrance of each program area. May 2006 Pag )f 31 STANDARDS OF ORGANIZATIONAL EFFECTIVENESS (SOE) MARKETING AND COMMUNICATIONS Topie Summary r Develo.i�li>; Operational Advancing, Excelling A. BOARD INFLUENCE AND INVOLVEMENT T C o The organization has (board and staff) representation on issues affecting youth through community boards, commissions and civic organizations. The organization has active board and staff representation on various community boards, commissions and civic organizations that affect decisions and influence/advocate for youth issues. No board or staff leaders of the organization are involved on other community boards or groups. ere is limited involvement by ub hoard and staff leaders on er community boards and groups. B. IMAGE Facilities, a p 7 ■ ■ • ■ ■ CD ■ ■ ■ ■ ■ ■ Facilities, vehicles and other Club assets are poorly maintained and often used in a manner that does not reflect a positive image. vehicles and other Club •sets are maintained and utilized in anner that generally reflects a 'sitive image. The organization's facilities, vehicles and other Club assets are maintained and utilized in a manner that reflects a positive image. The organization uses external market resources to support and develop its image. The organization's facilities, vehicles and other Club assets are maintained and utilized consistent with written guidelines and training and in a manner that always reflects a strong positive image. The Club measures external market research and implements plans for improvements. C. MEDIA RELATIONS Tae occasional representatives advertising The organization maintains and reviews a written plan for ongoing contact with all local media, both for publicity and advertising. The plan maximizes media exposure and results are published in a quarterly report to the board. There is little or no attempt to maintain contact with local media representatives, organization has periodic or contact with Local media for publicity and purposes. The organization has regular, planned contact with local media representatives for publicity and advertising purposes. The organization has a written plan for ongoing contact with local media representatives and maintains a local media list. D. BOYS & GIRLS CLUBS OF AMERICA MARKETING MATERIALS The Clubs announcements o-ganization media Girls media The organization does not use Boys & Girls Clubs of America marketing materials or they are used with very poor adaptation. organization uses Boys & Girls of America public service sporadically. The does not coordinate requests with other Boys & Club organizations in the same market. The organization regularly uses Boys & Girls Clubs of America public service announcements and marketing materials. The organization coordinates with other Boys & Girls Club organizations in the same media market, and localizes ads only as appropriate. The organization uses Boys & Girls Clubs of America public service announcements and marketing materials. Local campaigns are created and implemented to augment and complement Boys & Girls Clubs of America advertising materials. May 2006 Page 26 of 31 in• Topic Swury Developipg< Operational Advancing Excelling E. MARKETING STRATEGY T a t i r C B.ys a. a 0 ■ • 0 • 0 • ■ 0 ■ • 0 The organization has an active Marketing and Communications Committee leveraging outside resources to assist in developing and implementing an aggressive written strategy and plan for positioning its Club(s) for community/brand recognition and support as "The Positive Place for Kids," with written outcome measures resulting in income streams for the organization. The organization has no Marketing and Communications Committee and little, if any, activity underway to promote awareness of and support for its Club(s). e organization has a Marketing d Communications Committee at meets occasionally to plan and plement efforts to gain ognition and support for its ub(s). The organization utilizes & Girls Clubs of America's vertising, public service nouncements and other marketing aterials. The organization has a Marketing and Communications Committee which meets regularly and has developed and implemented a written strategy to gain recognition and support for its Club(s) as "The Positive Place for Kids," including a written plan for targeting appropriate publics. F. COMMUNICA- TIONS/PUBLIC RELATIONS CAMPAIGN T p o p 0 • ■ ■ ■ 0 • 0 • 0 ❑ ■ The organization has no public relations/communications program. ere is a limited communications ogram, which includes utilization appropriate media to reach the blic. The organization implements a year- round written communications/ public relations program including utilization of appropriate media to reach each public; allocation of budget; and evaluation of total program. The organization implements a comprehensive written communications/public relations program including utilization of appropriate media to reach each public, allocation of at least 5% of budget and evaluation of the total program. G. PROMOTIONAL MATERIALS REFLECT POPULATION SERVED Promotional reflect 0 ❑ 0 materials occasionally diversity of youth. ■ 0 ❑ • • • • 0 ❑ Promotional materials usually reflect diversity of the youth and staff. Promotional materials always reflect diversity of the youth, staff and board. Promotional materials do not reflect diversity of the organization. H. CRISIS MANAGEMENT PLAN ❑ ❑ 0 There is uncertainty as to who speaks for the organization and with what message. There p (CPO) organization. • 0 ❑ ■ • ❑ ■ 0 ■ is a written crisis management an. The chief professional officer usually speaks for the The organization has a designated spokesperson with written guidelines for responding to crises that are clearly understood by board and staff members. The organization has a written crisis management plan approved by the board that is clearly understood by board and staff members. Response to crises is reviewed and rehearsed at least annually. I. BOYS &GIRLS CLUBS OF AMERICA'S GRAPHIC STANDARDS The Girls on a complies standards. • ■ 0 ❑ ■ • ■ • • ■ ❑ 0 Adherence to graphic standards is limited. current service mark of Boys & Clubs of America is displayed the outside of its building and on I appropriate printed matter and with approved graphic Vendors, staff, and board members receive annual orientation and training on graphic standards. Staff and board share best practices and adherence to graphic standards with the Movement. May 2006 Pag Jf 31 Top Summary Developing Operational Advancing; Excelling J. INTERNET UTILIZATION AND WEBSITE MANAGEMENT The organization lacks a functioning, professionally developed Web site. ❑ 0 ❑ T e organization maintains a basic eb site that is updated at least q arterly. There is little use of a ailable marketing materials. The o ganization meets Boys & Girls ubs of America's graphic s. dards and the site contains a link t. www.bgca.org. ❑ ❑ 0 The organization's Web site contains essential, accurate information about Club programs and events and is updated monthly. There is a designated staff person or volunteer to update and maintain the organization's Web site. National marketing materials are regularly downloaded and used. ❑ ❑ ❑ The organization maintains a high - quality, regularly updated Web site. Email inquiries from the public are answered promptly. Resources are downloaded and used. A cost - benefit analysis is conducted annually. May 2006 Page 28 of 31 STANDARDS OF ORGANIZATIONAL EFFECTIVENESS (SOE) FACILITIES Tk°Pic Summary A. SAFETY Developing ❑ ❑ ❑ Club personnel are not easily identified. Configuration of building makes it difficult to supervise youth. Building and grounds do not appear secure. There is no emergency plan in place. The facility has a basic security system in place. Operational The board has established a committee to ensure Club safety and maintenance. Club staff is easily identified. There is controlled access to the building. Building(s) is/are regularly inspected by the fire marshal. There is good visibility irto all activity spaces. A written crisis plan is available to all staff. Buildings and grounds are free of common hazards. Emergency exit doors are unblocked, clearly marked, alarmed, and operable. Advanei.ng ❑ ❑ ❑ Clothing or ID easily identifies Club staff. There is controlled access to property and buildings. The organization has an electronic security system that is monitored externally. Excelling Entrance routes are observable and controllable at all times. There is walk -by visibility into all program areas as well as video and/or staff monitoring capabilities internally and externally. The organization provides documented crisis response training for all staff. B. STRATEGICALLY LOCATED ❑ ❑ ❑ Facilities are located in an area that is clearly inappropriate for access by large numbers of youth. ❑ ❑ ❑ Facilities are located in a marginally effective area for reaching a large ntimber of youth. ❑ ❑ ❑ The organization's facilities are located so as to reach and serve a large number of targeted youth. ❑ ❑ ❑ The organization's facilities are strategically located so as to reach and serve a large number of targeted youth. The organization conducts a periodic review to assure continued location appropriateness. C. ADEQUACY OF FACILITIES ❑ 0 ❑ The organization operates poorly equipped, limited facilities only capable of housing a marginally varied and diversified program. D ❑ ❑ The organization operates limited facilities that are adequately equipped and capable of housing a varied and diversified program. ❑ ❑ 0 The organization operates facilities that are adequately equipped and capable of housing a varied, diversified program. ❑ ❑ ❑ The organization operates optimally equipped facilities capable of housing a varied and diversified program.. D. MAINTENANCE OF FACILITIES ❑ ❑ ❑ Facilities are believed to be safe, but are not regularly cleaned or repaired to remain functional. ❑ ❑ ❑ All components of building, grounds, equipment and furnishings a'e cleaned regularly and operate p operly in accordance with local codes, applicable laws and o dinances. ❑ ❑ ❑ The organization has a written maintenance schedule for cleaning, for repairing and replacing equipment and furnishings as needed, ❑ ❑ ❑ The organization has a written, multi -year preventive maintenance plan and upgrade schedule. May 2006 Pac of 31 apic Summary Developing Operational A v�ancing Excelling E. AGE APPROPRIATE- NESS Program both space Gaines, ech good areas are functional for children and teens with shared but distinct equipment. toys, books and furniture for age group are available and in repair. Facilities attract children and teens, but there is no apparent effort to address different age groups' needs by providing age -appropriate equipment and furniture. Program areas are dedicated for two age groups (6 to 12 and 13 to 18). Games, toys and books for each age group are available and in good repair. Furniture is kid/teen friendly. Within each program area there are dedicated spaces for 3 main age groups (6 to 9, 10 to 13, and 14 to 18). Games and toys for each age group are available and in good repair. Furniture is available in 3 sizes to accommodate most members. Pertinent information is displayed at eye level of target audience. •F. CLUB ENVIRONMENT Entire Program for out and tasks; Program spaces are of adequate size and proportion and can be used for multiple functions Color scheme is fun and child -friendly, and there is a sense of order in the space without it being rigid. Light levels, sound control and temperature support the Club environment. Program spaces are inadequate in size/proportion for use. Decor is drab, outdated, mismatched or disorganized. facility is clean and well lit. spaces are of adequate size function. Color scheme may be of date but clean. Light levels sound controls are adequate for temperature is appropriate. Program spaces are inviting, are of adequate size and proportion and support several different furniture arrangements for different learning styles. The color scheme is fun and child -friendly and planned to enhance environment. Light sources exceed recommended standards and include abundant natural light. Sound levels and temperature are conducive to fun and learning. G. FINANCIAL RESERVES FOR MAINTENANCE The f i cost costly There is no plan or provision for major repairs and improvements to facilities and equipment. organization usually finds nding for major repairs and provements, sometimes at the of operating income or with delays. The organization has access to funds for major repairs and improvements to facilities and equipment. The organization has a designated facilities reserve fund. The organization has designated adequate financial reserves for the maintenance and replacement of facilities and equipment. H. PLANNED MAINTENANCE b,' f 0 • • • 0 O • • • • ❑ • The planned maintenance program, if any, is superficial and sporadic, responding primarily to urgent conditions. ere is an informal planned aintenance program characterized frequent inspections of major cilities and equipment. The organization has a systematized, ongoing planned maintenance program. The organization has a written planned maintenance program, complete with schedules and accountability assignments. May 2006 Page 30 of 31 eoSuiniiiary Developing Operational Advancing Excelling, I. FACILITY/ EQUIPMENT USAGE POLICY J. GENDER INCLUSION AND ACCESSIBILITY ❑ ❑ ❑ There are no established policies for the use of facilities by others during non -Club hours. ❑ ❑ ❑ Facilities and equipment favor one gender. 0 0 0 Tie organization has policies re:arding the use of facilities by others during non -Club hours. ❑ ❑ ❑ Facilities and equipment are generally reflective of gender needs in appropriate balance and are gradually improving. An effort is made to mainstream disabled children as needed. 0 0 ❑ The organization has established written policies for use of its facilities by others during non -Club hours. ❑ ❑ ❑ Facilities and equipment are reflective of gender needs, and a written plan is being implemented for needed changes. 0 ❑ ❑ The organization has formal, comprehensive policies for the use of its facilities and equipment by others that are reviewed annually by the board in line with budget considerations. ❑ ❑ ❑ Facilities and equipment reflect full and equal consideration for girls and boys. A written plan is in place to make the building compliant with the Americans with Disabilities Act. Pac of 31 May 2006 RESOLUTION 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A 20-YEAR LEASE BETWEEN THE CITY AND THE BOYS' AND GIRLS' CLUB OF GREATER SAN DIEGO, INC., FOR THE CITY -OWNED LAND AND BUILDING LOCATED AT 1430 D AVENUE, AND RESCINDING RESOLUTION NO. 2010-273 WHEREAS, in December, 2008, shortly after the Boys' and Girls' Club of National City merged with the Boys' and Girls' Club of Greater San Diego, Inc., ("BGCGSD"), the City entered into a month -to -month lease with BGCGSD of its land and building at 1430 D Avenue (the "Property") with the understanding that a long-term lease would eventually be entered into; and WHEREAS, BGCGSD and the City are now desirous of entering into a long-term lease for the Property for the purpose of maintaining a clubhouse thereon, and for promoting the physical, mental, and moral well-being of the boys and girls of the City of National City, and for boys and girls in the immediate vicinity; and WHEREAS, the term of the Lease will be for a period of 20 years with an annual payment to the City of $1.00; and WHEREAS, the use of the Property for the purpose of a Boys' and Girls' Club will promote the general welfare of all the inhabitants of the City of National City; and WHEREAS, Resolution No. 2010-273, approving a previous version of the Lease, should appropriately be rescinded. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Lease with the Boys' and Girls' Club of Greater San Diego, Inc., for the land and building located at 1430 D Avenue. Said Lease is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that Resolution No. 2010-273 is hereby rescinded. PASSED and ADOPTED this 16th day of August, 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: August 16, 2011 AGENDA ITEM NO. 12 EM TITLE: TEMPORARY USE PERMIT — 4`h Annual Tower of Terror sponsored by the National City Fire Department on October 29, 2011 from 5pm to 9pm at Fire Station 34 located at 343 East 16th Street. This is a National City sponsored event per Council Policy No. 804. PREPARED BY: Dionisia Trejo PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: NeigServices Division APPROVED BY: This is a request from the National City Fire Department to conduct the Tower of Terror event on October 29, 2011 from 5pm to 9pm at Fire Station 34 located at 343 East 16`h Street. The event will use the Fire Depatk tent's Training Tower as a haunted house. Participants will enter the tower via C Avenue. Upon exiting the tower, the yard will be used for a costume contest, face painting, food, and distribution of candy. Participants will exit via D Avenue. Applicant has requested to close C Avenue from 15`h Street to 16th Street. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City has incurred $237.00.00 for processing the TUP through various City departments, plus $200.00 for Fire Inspection and $258.40 for Public Works. Total fees are $695.40 (not including the waiver). ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and waiver of fees according to Council Policy No. 804. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: plication for a Temporary Use Permit with recommended approvals and conditions of approval. Chief Officer of Organization (Name) Applicant (Name): / h/ �-� e j / a_ rre ;-. , -ter Type of Event: _ Public Concert Fair Festival liCommunity Event Parade _ Demonstration Circus Block Party _ Motion Picture _ Grand Opening Other Event Title: NATI-110Wt CL ry FtS OA LLows)--oco ERc9 e2 Event Location: \-7T 2E VI o lug LL iej] p- TO W Event Date(s): From (0-2 - 11 to /0.2S- 11 Total Anticipated Attendance: 2 (700 Month/Day/Year ( Participants) �' ( Spectators) Actual Event Hours: ,5 amo 1 am/6 Setup/assembly/construction Date: Start time: Please describe the scope of your setup/assembly work (specific details): NC F F—A (,uzLL HAN LE ALL SE.TuP 11-r"> Dismantle Date: Completion Time: am/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. SEE T f 4CMe- 2- Sponsoring Organization: YJATt ON L- C ET ( t 12E i-t G(4f a S- wot=for=prof Address: ! U 3 .S-Po_1 r fl\ 0 A - !-- Daytime Phone: (0 f) 4'44 6 Evening Phone: ( Contact Person "on site" day of the event: r30 /''',-iis �. (7/0 /La ( I Pager/Cellular: 7 v U' — -%/S O,KYS NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Attachment #2 We are requesting to shut down "C" ave from 16th to 15t. We have done this in the r; s years and will coordinate the closure with NCPD. This closure is for the safety of he guests entering off of "C" st. • 2. Is your organization a "Tax Exempt, nonprofit" organization? 1l'ES _ NO Are admission, entry, vendor or participant fees required? _ YES t- NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event $ Estimated Expenses for this event. $ 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. ere-4 IYkCNI�L� _ YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 3 I l t y\-vt The "Tower of Terror" is the same event as in the past years. We will be utilizing the training tower as a "haunted house". NCFFA will provide all the manpower and props inside the tower. Guest will enter off the "C" st. gate and exit through the "D" st gate. A NCFFA member will guide all guests through the tower. Lines will be set-up with banner tape. On duty and Off duty personnel will be on site to assist with the crowd. The event ends at 9:00 pm. — YES NO Does the event involve the sale or use of alcoholic beverages? — YES AO Will items or services be sold at the event? If yes, please describe: _ YES /NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES 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 tenUcanopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. _ YES NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation. areas Please describe how food will be served at the event: V V V V NI V V V V If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: t_ (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: 5 Please describe your procedures for both Crowd Control and Internal Security: D Fr It um� M C ►=A Val C Nt?�C(,S (;? O YES ✓NO Have you hired any Professional Security organization to handle security arrangements for this event? if YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: ✓YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: t G 1-1L TS 4- P-A /1 ei A 7-3- Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. o FF tnTti ()ARA Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PKING: 7 Please describe your plans to notify all residents, businesses and churches impacted by the event: FACE TO FAQ _Lt EA-S FIST - 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: Type of Music: ✓YES NO Will sound amplification be used? If YES, please indicate: 0 Start time: S am/pm Finish Time l am/pm YES ENO Will sound checks be conducted prior to the event? If YES, please indicate: Number of Bands: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES 1O Fireworks, rockets, or other pyrotechnics? If YES, please describe: +/YES NO Any signs, banners, decorations, special lighting? If YES, please describe: ffq ocJEE/0 tM C()lq #-r (0 S Revised 08/10/05 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 8 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 Tl ©Nl4 (._ C1Ty / j r i G f[T E S 46 (AL 0-.7W Person in Charge of Activity Address 3 `13 I Co -1-1\ id A coNA L c_r-T-y CA 74q 50 Telephone Date(s) of Use Oc-T ) o (( HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant 7 --,7() // Official Title Date For Office Use Only Certificate of Insurance Approved Date Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? ✓Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization ti C E t ,q So ( (3) (C Type of Organization F) RL f— l G Ft r k.) \ rJ (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) ✓ No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. Ar No (Please proceed to Question 5) to 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. Ady No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date Type of Event: Public Concert Fair Festival _ Demonstration _ Gircus _ Grand Opening Other Event Title _.� / 4.�` l� �a 5 Y t C'��l t (` �(' rf 1 I Event Location: cation. �C,ti �� r fi-� Parade Motion Picture Event Date(s): From Actual Event Flours: tf;�?ci to IC ;%(( tr 'J'ommunity Event Block Party - Total Anticipated Attendance: Month/Day/Year am/'Ito % am/din)) ( Participants) ( Spectators) Setup/assembly/construction Date: _ _ Start time: Please describe the scope of your setup/assembly work (specific details): A." I Yt i Disrnantle Date 1 G ;i Completion Time: am/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. c Sponsoring Organization: ((�Y)er ,( r� }i i�{'S i n Chief Officer of Organization (Name) ) li•;r`1 j Y Applicant (Name): 1_1 l` `)f t, 1 t4 i I i }Y3 Address: C (! t -, For Profit Not -for -Profit Daytime Phone: (?1,Ik ) ,I Evening Phone: ( ) Fax: ( ) r�r � Contact Person on site" day of the event ���( (1 (� t� i AUCA Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? 'tcYES NO Are admission, entry, vendor or participant fees required? YES \ 1 NO If YES, please explain the purpose and provide amount(s): // $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ 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 (he event. t` (_C 11-7 YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: t3 YES /:NO Does the event involve the sale or use of alcoholic beverages? YES ( 'NO Will items or servictes be sold at the event? If yes, please describe: YES (\NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. AYES NO Does the event involve a fixed venue site? If YES, attach a detailed site map k� 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. NYES � 5 NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items:. Alcoholic and Nonalcoholic Coricession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs • Fencing, barriers andlor barricades y Generator locations and/or source of electricity • Canopies or lent locations (include tent/canopy dimensions) ▪ Booths, exhibits, displays or enclosures i Scaffolding, bleachers, platforms, stages, grandstands or related structures • Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Please describe your procedures for both Crowd Control and Internal Security: T- J ck)w, l\ t _ 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: ES _ 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: C4,\ L_� 3r _.(A>& 1 \ I Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Ouit,i 17 -ov,'Z\i,( Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: 15 Please describe your plans to notify all residents, businesses and churches impacted by the event: ON( te.- k2 NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. c•r.�.`if .�"ti a . a fi I x.i'rif' y1..4r� ♦ a t r t . .i i ! :p, is t >Z A'}� a I;I,F f ° �. Y' ()�', t e •..J:.-+7, N r: 4+L-+../ I 1N !i i i Y r 4 I :. W n T r,�it.,,�. 1 ti (n 4"' -i2! +y.. �y j, }�n F.t -an�+� 1.M1-tMy.:1T 451 iv5*j r}�'}. ♦ ..ail ;,—,41('1i'0, r}aKi:f:.ia�.'.3'F.if.�'!IL"'�fvM'!}�a.i r r."ILMMI;V;!WP`bi�'J�+i+H 4: +�M 1� i ♦4 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: IX:YES _ NO Will sound amplification be used? If YES, please indicate: Start time: , inish Time t YES ONO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES 0 Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 Ito 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 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 insurarttte must be attached to this permit. Organization C: nin Person in Charge of Activity Address C1� �` f 7G+ Telephone I c_1 Date(s) of Use I .7-i I f 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. C a�Cti1 f(( atu re of Applicant :C Official Title ((,iI)i Date For Office Use Only Certificate of Insurance Approved Date iI Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) idl 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Deve►opment Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) :ZU Date CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: National City Firefighters EVENT: National City Firefighters Halloween 'Tower of Terror' DATE OF EVENT: October 29, 2011 TIME OF EVENT: 5pm — 9pm APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ j SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 The Development Services Department has no comments on the TUP. RISK MANAGER (619) 336-4370 - Obtain Certificate of Insurance showing the City of National City as certificate holder - Provide Additional insured endorsement naming the City of National City as an additional insured. PUBLIC WORKS (619)366-4580 Parks Division: Parks Staff will deliver the stage during regular work hours. No overtime hours for staff.. • Stage set upon Thursday October 27 $124.20 • Stage breakdown on Monday, October 31 $124.20 • Total $248.4Q Facilities Division Facilities staff will deliver the requested tables and chairs next to the tower prior to the event during regular work hours and pick them up on Monday, October 31. No overtime hours for staff. Community Services staff will set up and tear down tables and chairs. • 4 tables @ $1 each $ 4.00 • 8 chairs @ $0.75 each $ 6.00 • Total $ 10.00 Parks Division Account #105-442-000-102 Facilities Division Miscellaneous Revenue Acct #626-00000-3634 FINANCE Approved with no stipulations FIRE (619) 336-4550 An after Hours Inspection Fee of $200.00 is required For This Event Stipulations required by the Fire Department for this event are as follows: 1) Access to area to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Hydrants shall not be blocked or obstructed. 3) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 4) Fire Department access into and through the area 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 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) Fire Extinguishers shall be placed inside haunted house. Extinguishers shall be 2A:10BC type. Fire extinguisher to be mounted in a visible location between 31/2 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. Signs shall be present to indicate placement of extinguisher. Sign shall be illuminated so that it can be seen in the dark. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached 8) Occupancy load shall be provide by the Building Official and posted in conspicuous area. 9) Provide signage at the entrance of the attraction notifying the public of strobe lights and theatrical effects used in the haunted house 10) This event shall be adequately staffed to control occupant load and assist patrons in exiting should an evacuation become necessary. 11) Exit signs shall be provided inside of haunted house to indicate emergency exit. All exit signs shall be green (City Ordinance) in color and be provided with a 90 minute battery back-up in case of power loss. 12) Staff shall have the ability to immediately stop all theatrical music and sound effects in an emergency. Staff shall have the means to contact each other in order to provide emergency information to one another. 13) All decorative material (decorations, drapes, backdrops, and props) shall be either inherently flame retardant or labeled as such or shall be treated with a flame retardant registered with the California State Fire Marshal. Any material no appropriately labeled or certified as fire retardant shall be flame tested and approved by the NCFD. 14) Fabric used in exit paths shall not overlap. The curtain must be cut from top to bottom and not secured in any way. 15) Decorative material, props and or performer shall not obstruct, confuse, or obscure exits, pathways, exit signs, or emergency lighting units. 16) Staff shall the ability to turn on all lights in an emergency. 17) Flood and strobe lights shall be plugged directly into a wall outlet, a listed multi -plug power strip, or a single listed extension cord. Do not exceed the amperage for the extension cord and circuit. 18) Extension cords shall be UL listed, in good condition, and appropriate for their use. Only UL listed power strips with over -current protection shall be used when the number of outlets provided is adequate. Power strips shall be plugged directly into provided outlets and shall not be plugged into one another in series. 19) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as `Temporary Wiring" only. a-3 20) "NO SMOKING" signs shall be provided at the entrance and throughout the attraction. 21) Good Housekeeping shall be maintained throughout the attraction and exit pathways. 22) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. 23) First Aid will be provided by organization Fees can only be waived by City Council. COMMUNITY SERVICES Approved with no stipulations POLICE No stipulations. PD will work out the details with Michael Lafreniere for reserves and POA volunteers. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 16TH, 2011 AGENDA ITEM NO. 13 'EM TITLE: Warrant Register #3 for the period of 07/13/11 through 07/19/11 in the amount of $748,400.49 PREPARED BY: K. Apalategui DEPARTMENT: Finance PHONE: 1619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 07/13/11 through 07/19/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Public Emp Ret System 242712 $278,932.49 Retirement Insurance Service Period 7-11-3 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 $748,400.49 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: arrant Register #3 PAYEE CDWG CENTURY REALTY ROBERTO PLACENCIA AMAZON CITY OF NATIONAL CITY DEMCO INC DILEO MIDWEST TAPE SCHIMMINGER SMART & FINAL SPRINT STAPLES ADVANTAGE THE SHOPPER INC XEROX CORPORATION COMMUNITY HOUSING WORKS GING PRODUCTS ,.1E BALLMER & BERKMAN KEYSER MARSTON ASSOC OPPER & VARCO LLP PASSANTINO ANDERSEN PRO BUILD PRUDENTIAL OVERALL SUPPLY SWEETWATER AUTHORITY TIERRA WEST ADVISORS INC U S BANK VISTA PAINT 1800-RADIATOR ADAMSON POLICE PRODUCTS AFLAC ALL THE KINGS FLAGS ARC ARCO GASPRO PLUS AT&T/MCI AUSTIN DOORS AZTEC APPLIANCE BENNETT BROTHERS INC BRENNTAG PACIFIC INC BURKE WILLIAMS & SORENSEN LLP CALIFORNIA HIGHWAY ADOPTION CO OLINE'S FLOWERS VRON & TEXACO CITY CLERKS ASSOCIATION OF CA CLEAN HARBORS WARRANT REGISTER # 3 7/19/2011 DESCRIPTION HP LJ P2055DN 35PPM REFUND T&A 1161 / ENG DEPT BOND DEPOSIT REFUND/560 HIGHLAND ADULT NON-FICTION BOOKS OUT OF STATE SALES TAX PROCESSING MATERIALS DVD FOR LITERACY PROGRAM DVD'S FOR THE COLLECTION REIMBURSEMENT - FILM PROCESSING FFL SUPPLIES/LIT SERVICES SUPPLIES VIDEO CONFERENCING, LONG DISTANCE SUPPLIES - WINGS PROGRAM PROCESSING SUPPLIES FOR DVD'S XEROX BASE CHARGE AND OVERAGES REIMB / HOME CHDO OPERATING GRANT EXPRESS MAIL COURIER SERVICES/CDC DIGITAL CAMERA / NSD LEGAL SERVICES THROUGH 6/30/11 ECONOMIC CONSULTING SVCS/ JUNE2011 SERVICES / ED VILLAGE - TOD GRANT RESEARCH SVCS /JUNE 2011 MOP#45707. PAINTING MATERIALS/NSD MOP# 45742. LAUNDRY SERVICES / NSD WATER UTILITIES / CDC PROFESSIONAL SERVICES / JUNE 2011 CREDIT CARD EXPENSES / REDEV MOP# 68834. PAINTING SUPPLIES/NSD RADIATOR 98-02 HEADLIGHT FLASHER #324/FHL-HL ACCOUNT BDM36 JULY 2011 FLAGS / PW COPIES / CHILLER PROJECT FUEL TELECOMMUNICATIONS SERVICE / CITY REPAIRS/REPLACEMENT DOORS APPLIANCE PURCHASES EMPLOYEE RECOGNITION GIFT CATALOG POOL CHEMICALS FFA GRIEVANCE 2010 SVCS / 5/31/2011 PARADISE CREEK LITTER REMOVAL, JUNE FLOWERS FOR MISS NC 2011 PAGEANT MOP 45699 FUEL MEMBERSHIP RENEWAL / CITY CLERK HAZARDOUS WASTE PICKUP CHK NO 242644 242645 242646 242648 242649 242650 242651 242652 242653 242654 242655 242656 242657 242658 242659 242660 242661 242662 242663 242664 242665 242666 242667 242668 242669 242670 242671 242672 242673 242674 242675 242676 242677 242678 242679 242680 242681 242682 242683 242684 242685 242686 242687 242688 DATE 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 7/19/11 1/3 AMOUNT 700.48 2,103.25 10,000.00 3,599.92 30.38 208.04 12.93 441.00 226.61 56.47 11.09 575.38 325.61 1,488.52 31, 830.00 23.27 159.14 1,350.00 6,685.00 2,794.50 3,500.00 42.86 13.87 622.98 3,266.25 116.13 286.23 96.58 103.32 1,452.44 243.75 291.39 36,681.53 2,517.16 6,820.84 4,100.97 2,850.00 1,950.19 1,512.50 864.00 54.87 288.73 160.00 1,204.62 PAYEE DELL MARKETING CORP ESGIL CORPORATION FEDEX HAINES & COMPANY HARRIS & ASSOCIATES INC HOME DEPOT CREDIT SVCS HONEYWELL INTERNATIONAL INC HORIZON HEALTH EAP JIMENEZ JJJ ENTERPRISES KAMAN INDUSTRIAL TECHNOLOGIES LUCAS, MAINTEX INC MAN K-9 INC. MAYER HOFFMAN MCCANN PC MORE DIRECT INC NATIONAL CITY CAR WASH NATIONAL CITY ROTARY CLUB NEXT DAY PRINTED TEES NIXON EGLI EQUIPMENT CO. ORKIN PEST CONTROL PARKHOUSE TIRE PROJECT DESIGN CONSULTANTS PUBLIC EMP RETIREMENT SYSTEM R J SAFETY SUPPLY RBF CONSULTING RELIABLE TIRE CO RUSS' BEE REMOVAL SAN DIEGO CONCRETE CUTTING CO. SAN DIEGO PET & LAB SUPPLY SAN YSIDRO HEALTH CENTER SELTZER CAPLAN MCMAHON VITEK SMART & FINAL SMART SOURCE OF CA LLC SOUTH BAY WINDOW & GLASS CO STANLEY ACCESS TECHNOLOGIES STAPLES ADVANTAGE SWEETWATER AUTHORITY THE SAN DIEGO UNION TRIBUNE THE SOHAGI LAW GROUP PLC T'S & SIGNS UNDERGROUND SERVICE ALERT UNION BANK PARS 6746022500 UNION TRIBUNE PUB CO WARRANT REGISTER # 3 7/19/2011 DESCRIPTION DELL POWEREDGE 410 CHASSIS DRIVES PLAN CHECKING SERVICES OF BUILDING FEDEX DELIVERY CHARGE SOUTH AND NORTH DIRECTORIES SERVICES 30TH ST CUL-DE-SAC 18V CIRCULAR SAW CITY-WIDE HVAC WORK EMP ASSISTANT PROGRAM / JAN 2011 REFUND / SUMMER CAMP UNFORESEEN ELEVATOR REPAIRS STANDARD ROD END TF-12 REIMBURSEMENT / EMT-P LICENSE MISC JANITORIAL SUPPLIES MAINTENANCE TRAINING PD K-9/JUNE2011 1ST BILLING ANNUAL AUDIT OF CNC HP LJ 2055DN CAR WASHES DUES & MEALS / JUNE 2011 SPORT SHIRTS / COMM SVCS STREET SWEEPER PARTS PEST MAINTENANCE LT215/85R16 E FST T/F HT BLK GEN PLAN UPDATE / MAY 2011 SERVICE PERIOD 7-11-3 SAFETY EQUIPMENT / PW'S 8TH ST. SAFETY ENHANCEMENTS 80 PASSENGER TIRES BEE REMOVAL CITY-WIDE CONCRETE SAW CUTTING MOP# 45753. PET SUPPLIES/ POLICE EXP REIMBURSEMENT / FEB-JUN 2011 SERVICES THROUGH 5/31/11 MOP# 45756. OFFICE SUPPLIES/ MYR MOP# 63845. FORMS / FIRE WINDOW/DOOR REPLACEMENTS AUTOMATIC DOOR REPAIRS COPY PAPER FOR WAREHOUSE STOCK WASTEWATER DIVISION WATER / FM ADVERTISEMENT FOR TOWING CONTRACT LEGAL SERVICES / MAY 2011 T-SHIRTS FOR MISS NC 2011 PAGEANT UNDERGROUND SVC ALERT CHGS PARS DEFINED BENEFIT CONV PLAN PUBLICATION OF PLANNING COMMISSION 2/3 CHK NO DATE AMOUNT 242689 7/19/11 7,550.70 242690 7/19/11 37,354.00 242691 7/19/11 50.04 242692 7/19/11 850.98 242693 7/19/11 630.00 242694 7/19/11 291.17 242695 7/19/11 619.94 242696 7/19/11 748.22 242697 7/19/11 200.00 242698 7/19/11 457.88 242699 7/19/11 64.64 242700 7/19/11 200.00 242701 7/19/11 1,629.71 242702 7/19/11 800.00 242703 7/19/11 8,500.00 242704 7/19/11 2,055 R.) 242705 7/19/11 32, 242706 7/19/11 240.,..., 242707 7/19/11 279.02 242708 7/19/11 2,117.83 242709 7/19/11 373.33 242710 7/19/11 723.09 242711 7/19/11 40, 820.26 242712 7/19/11 278,932.49 242713 7/19/11 138.11 242714 7/19/11 22,708.97 242715 7/19/11 280.00 242716 7/19/11 750.00 242717 7/19/11 2,600.00 242718 7/19/11 120.06 242719 7/19/11 47,613.00 242720 7/19/11 7,023.84 242721 7/19/11 84.50 242722 7/19/11 413.60 242723 7/19/11 697.67 242724 7/19/11 847.35 242725 7/19/11 5,428.77 242727 7/19/11 29,656.60 242728 7/19/11 186.00 242729 7/19/11 19,690.00 242730 7/19/11 17' 242731 7/19/11 2 ., 242732 7/19/11 24,949.73 242733 7/19/11 256.00 PAYEE V & V MANUFACTURING VERIZON WIRELESS WAXIE SANITARY SUPPLY WIRED PAYMENTS TRISTAR RISK MANAGEMENT SECTION 8 HAPS PAYMENTS WARRANT REGISTER # 3 7/19/2011 DESCRIPTION REBANNER (2) POLICE OFFICER BADGES VERIZON WIRELESS SERVICE / CITY ENVISION BROWN MULTIFOLD TOWELS JUNE 2011 WC REPLENISHMENT Start Date End Date 7/13/2011 7/19/2011 CHK NO DATE 242734 7/19/11 242735 7/19/11 242736 7/19/11 A/P Total 35132414 7/18/11 3/3 AMOUNT 108.94 273.45 189.90 681,907.15 57,315.57 9,177.77 GRAND TOTAL $ 748.400.49 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 16T", 2011 AGENDA ITEM NO. 14 EM TITLE: Warrant Register #4 for the period of 07/20/11 through 07/26/11 in the amount of $1,266,579.21 PREPARED BY: K. Apalategul, DEPARTMENT: Financ PHONE: 619-336-4331 APPROVED EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 07/20/11 through 07/26/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation SANDPIPA 242792 $72,346.00 Property Insurance July 2011 —Jun 2012 Q )G&E 242793 $58,869.83 City Utilities / June 2011 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 $1,266,579.21 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: errant Register #4 PAYEE CLAIMS MANAGEMENT ASSOCIATES FRANK TOYOTA CHRISTENSEN & SPATH LLP GEOSYNTEC CONSULTANTS INC HAPPY SOFTWARE INC LASER SAVER INC PORFIRIO & SOCORRO CERDA POWER PLUS PRO BUILD PRUDENTIAL OVERALL SUPPLY SAN DIEGO TROLLEY INC WEST COAST RESOLUTION GROUP ACE UNIFORMS & ACCESSORIES INC AIRGAS WEST AK & COMPANY ALL FRESH PRODUCTS annR GENERAL LICENSING -JT WORLD BSN SPORTS CA BUILDING STANDARD COMMISSION CARQUEST AUTO PARTS CCH CHRISTINE VALLE CITY OF CHULA VISTA CIVILSOURCE INC COX COMMUNICATIONS DEPARTMENT OF CONSERVATION DREW FORD ERGOMETRICS ESGIL CORPORATION EXPERIAN FIELDTURF USA, INC. FLEET SERVICES INC FUN FLICKS GEORGE H WATERS NUTRITION CTR GRAINGER HARRIS & ASSOCIATES INC HORIZON HEALTH EAP HYDRO SCAPE PRODUCTS INC IRON MOUNTAIN _EY HORN AND ASSOCIATES INC )ENTITY SOLUTIONS LOPEZ MATTHEW BENDER & CO INC METRO WASTEWATER JPA MUNISERVICES LLC WARRANT REGISTER #4 7/26/2011 DESCRIPTION CONSULT SVCS/ LIABILITY /JULY 2011 TOYOTA PRIUS HYBRID LEGAL SERVICES / 1820 G AVE ENVIRONMENTAL CONSULT SVCS/ JUNE 2011 HAPPY SUPPORT RENEWAL / FY 2012 MOP# 45725. INK CARTRIDGES/FINANCE REFUND OF OVERPAYMENT ON LOAN EQUIPMENT RENTAL / REDEV MOP# 45707. SUPPLIES / NSD MOP# 45742. LAUNDRY SERVICES/ NSD FLAGGING SERVICES / NSD ARE HOLDING MATTER / CDC MOTOR PANTS & BOOTS / PD MOP 45714 MATERIALS & SUPPLIES CLAIMS SUBMISSION TO STATE OFFICE FOOD / NUTRITION CENTER EZ-IO POWER DRILL. MUSIC LICENSING CONTRACT MOP 64096 WEARING APPAREL GAMES / COMMUNITY SERVICES BUILDING STANDARD ADMIN FEES MOP 47557 AUTO PARTS BOOK - GOVERNMENTAL GAAP 2011 ANALYTICAL SERVICES, JUNE, 2011 SD CONSORTIUM TRAINING / HR ENGINEERING SERVICES -MAY 1 THRU JUNE 30 COX HIGH SPEED 60MB DATA CIRCUIT SMIP FEES / 3RD QUARTER MOP 40978 AUTO PARTS 2011 FIRE DEPTASSESSMENTCENTER PLAN CHECK SERVICES / FIRE FY 2011 CREDIT CHECKS FOR NEW PD EMPLOYEES ENGLISH/SPANISH FIELD SIGNS MOP 67804 AUTO PARTS SCREEN/PROJECTION FOR JULY MOVIE MISS NATIONAL CITY 2011 CATERING SVC MOP 65179 WEARING APPAREL PROFESSIONAL SERVICES, JUNE, 2011 EMPLOYEE ASSISTANT PROGRAM / HR MOP 45720 PIPES, VALVES RECORDS MANAGEMENT/DOC STORAGE CITY WIDE SPEED SURVEYS / POLICE NEW EMPLOYEE FINGERPRINT TEST TRANSLATION SERVICES FOR FY 2012 CA CIVIL & PENAL RULES / 2011 SUPP 2011-12 ANNUAL BUDGET / PW DISTRICT AUDIT AND SUTA SVCS/DEC 10 1/2 CHK NO DATE AMOUNT 242737 7/25/11 4,965.00 242738 7/25/11 1,049.25 242739 7/26/11 67.50 242740 7/26/11 2,909.65 242741 7/26/11 6,347.00 242742 7/26/11 252.42 242743 7/26/11 344.53 242744 7/26/11 195.00 242745 7/26/11 43.61 242746 7/26/11 13.87 242747 7/26/11 22.05 242748 7/26/11 950.00 242749 7/26/11 1,109.22 242750 7/26/11 129.72 242751 7/26/11 1,500.00 242752 7/26/11 3,132.67 242753 7/26/11 178.00 242754 7/26/11 553.50 242755 7/26/11 242.43 242756 7/26/11 341.27 242757 7/26/11 132.00 242758 7/26/11 35.32 242759 7/26/11 273.30 242760 7/26/11 825.00 242761 7/26/11 2,590.00 242762 7/26/11 32,126.00 242763 7/26/11 3,078.91 242764 7/26/11 567.50 242765 7/26/11 783.37 242766 7/26/11 8,720.11 242767 7/26/11 1,891.05 242768 7/26/11 27.00 242769 7/26/11 450.00 242770 7/26/11 59.09 242771 7/26/11 123.00 242772 7/26/11 54.82 242773 7/26/11 1,693.64 242774 7/26/11 10,124.88 242775 7/26/11 744.64 242776 7/26/11 1,299.25 242777 7/26/11 234.63 242778 7/26/11 16,193.65 242779 7/26/11 42.00 242780 7/26/11 420.00 242781 7/26/11 120.74 242782 7/26/11 15,451.00 242783 7/26/11 2,982.02 PAYEE NAPA AUTO PARTS PACIFIC BENCHMARK INC PERRY FORD PRO BUILD PROJECT PROFESSIONALS CORP. PRUDENTIAL OVERALL SUPPLY RPM WELDING INC SDCFCA SANDPIPA SDG&E SDG&E SMART SOURCE OF CA LTC STAPLES ADVANTAGE STARTECH COMPUTERS SWANK MOTION PICTURES, INC. SWEETWATER AUTHORITY SYSCO SAN DIEGO TARULLI TIRE SAN DIEGO INC THE LIGHTHOUSE INC TOPECO PRODUCTS U S BANK UNION TRIBUNE PUB CO URBAN FUTURES VALLEY INDUSTRIAL SPECIALTIES VISTA PAINT WEST PAYMENT CENTER WEST PAYMENT CENTER WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY WOOD & WOOD YBARRA ZEFERINO PAYROLL Pay period 15 Start Date 6/28/2011 WARRANT REGISTER #4 7/26/2011 DESCRIPTION MOP 45735 AUTO PARTS REFUND OF C&D FEES MOP 45703 R&M AUTO EQUIPMENT MOP 45707 PAINT SUPPLIES ADMIN SERVICES-APRIL, MAY, JUNE 1&2, 2011 MOP 45742 LAUNDRY SERVICE MOP 45749 R&M BLDGS & STRUCTURES FIRE CHIEFS ASSOCIATION MEMBERSHIP PROPERTY INSURANCE/JUL2011-JUL2012 FACILITIES DIVISION GAS & ELECTRIC FACILITIES DIVISION GAS & ELECTRIC TAXES FOR INVOICE 1227496 MOP 45704 R&M VISUAL EQUIPMENT MOP# 61744. SUPPLIES / MIS J. BIEBER/NEVER SAY NEVER MOVIE WASTEWATER WATER BILL CONSUMABLES / NUTRITION CENTER MOP 47940 TIRES MOP 45726 AUTO PARTS MOP 63849 AUTO PARTS CREDIT CARD EXPENSES / CSD ADVERTISING / CHILLER PROJECT FINANCIAL ADVISORY SVCS/JUNE 2011 MOP 46453 PLUMBING MATERIAL TRAFFIC YELLOW FLAT FAST DRY #6901 MONTHLY CHARGE FOR LEGAL PUBLICATION CLEAR INVESTIGATIVE DATABASES/PD MOP 63850 SHOP SUPPLIES MOP 45763 AUTO PARTS LIABILITY CLAIMS COSTS / JUNE 2011 TRAVEL REIMBURSEMENT / GRANTS EDUCATIONAL REIMBURSEMENT / PD End Date 7/11 /2011 Check Date 7/20/2011 2/2 CHK NO DATE AMOUNT 242784 7/26/11 341.84 242785 7/26/11 1,520.40 242786 7/26/11 455.95 242787 7/26/11 4,651.53 242788 7/26/11 9,324.00 242789 7/26/11 434.74 242790 7/26/11 300.00 242791 7/26/11 250.00 242792 7/26/11 72,346.00 242793 7/26/11 58,869.83 242794 7/26/11 1,329.31 242795 7/26/11 91.50 242796 7/26/11 815.93 242797 7/26/11 453.02 242798 7/26/11 171.00 242799 7/26/11 367.94 242800 7/26/11 2,444."O 242801 7/26/11 17f_ 242802 7/26/11 435.4, 242803 7/26/11 6.86 242804 7/26/11 6,234.99 242805 7/26/11 1,562.00 242806 7/26/11 1,125.00 242807 7/26/11 306.04 242808 7/26/11 14,087.47 242809 7/26/11 2,369.22 242810 7/26/11 416.35 242811 7/26/11 922.04 242812 7/26/11 39.51 242813 7/26/11 10,625.00 242814 7/26/11 122.00 242815 7/26/11 189.75 A/P Total 318,174.08 948,405.13 GRAND TOTAL $ 1,266L579.21 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 16, 2011 AGENDA ITEM NO. 15 EM TITLE: Public Hearing — Introduction of an ordinance amending Title 18 of the Municipal Code by adopting the amended Official Zoning Map in furtherance of the implementation of the General Plan land use map adopted by City Council on June 7, 2011. PREPARED BY: Raymond Pe, Principal Planner DEPARTMENT: Developmentices PHONE: ;336-4421 APPROVED BY: EXPLANATION: The proposed zoning map was presented to the City Council on June 7, 2011 as part of the Comprehensive Land Use Update, which included the General Plan Update and the Land Use Code Update (Municipal Code Title 18 Zoning). On June 7, the City Council approved the General Plan Update, and, on June 21, approved the ordinance adopting the amended Land Use Code. The Official Zoning Map is a zoning regulation within the context of and adopted pursuant to the Land Use Code (Municipal Code Title 18 Zoning). The Official Zoning Map establishes zones throughout the City that specify permitted uses, intensity of development allowed, and standards for development such as building heights, setbacks, and required parking. The proposed Official Zoning Map is consistent with and implements the land use designations of the General Plan. The General Plan land use map f. fablishes the general distribution of land uses throughout the planning area. The Official Zoning Map ntifies the specific zones that apply within each of the broader General Plan land use designations. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. Not Applicable APPROVED: Finance MIS ENVIRONMENTAL REVIEW: A Final Environmental Impact Report (SCH# 2010051009) was certified by the City Council on June 7, 2011 pursuant to the California Environmental Quality Act. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Hold a public hearing and introduce the ordinance. BOARD / COMMISSION RECOMMENDATION: On July 18, 2011, the Planning Commission took action by resolution to recommend that the City Council approve the Official Zoning Map. fACHMENTS: 1. Planning Commission Resolution No. 20-2011. RESOLUTION NO. 20-2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE APPROVING AND ADOPTING THE OFFICIAL ZONING MAP. CASE FILE NO. 2011-17 GPA, ZC, SPA, IS. WHEREAS, the City Council of the City of National City adopted a General Plan Update including a land use map at a duly advertised public hearing held on June 7, 2011, at which time oral and documentary evidence was presented; and WHEREAS, the City Council adopted the Land Use Code Update at a duly advertised public hearing held on June 21, 2011, at which time oral and documentary evidence was presented; and WHEREAS, the General Plan land use map establishes the general distribution of land uses throughout the planning area, and the proposed Official Zoning Map, attached hereto as Exhibit "A," identifies the specific zones that apply within and implement each General Plan land use designation; and WHEREAS, the proposed Official Zoning Map would implement the regulations of the Land Use Code through zone dassifications that establish the permitted uses on each parcel of land, the intensity of development allowed, and the standards for development; and WHEREAS, the Planning Commission considered the staff report contained in Case File No. 2011-17 GPA, ZC, SPA, IS, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and WHEREAS the Planning Commission considered the proposed Official Zoning Map, along with all evidence and testimony presented at said hearing, and along with the Environmental Impact Report to assess project impacts of approving the proposed Official Zoning Map, together with any comments received; and WHEREAS, prior to said hearing, the City sought out and incorporated public input throughout the two-year preparation of the General Plan Update and the Land Use Code Update. As part of the public outreach and participation efforts, the City held a total of 21 public workshops, community meetings, and other public engagement events at different locations throughout the City, in addition to public hearings before the Planning Commission and City Council; and WHEREAS, the Planning Commission recognizes the need and desirability to conduct reviews of, and consider amendments to, the Official Zoning Map to accommodate the changing needs of the community; and WHEREAS, the Planning Commission recognizes the need and desirability to consider amendments to the Official Zoning Map to be consistent with and implement the General Plan; 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 hearing held on July 18, 2011, support the Findings of Fact set forth herein. BE IT FURTHER RESOLVED that the Planning Commission has reviewed and considered the information contained in the certified Final Environmental Impact Report. BE IT FURTHER RESOLVED that the Planning Commission has reviewed and considered the proposed Official Zoning Map, attached hereto as Exhibit "A," and hereby recommends that the City Council approve and adopt said Official Zoning Map, based on the following findings: FINDINGS OF FACT FOR ADOPTION OF THE NATIONAL CITY OFFICIAL ZONING MAP 1. The proposed Official Zoning Map reflects the desired future vision of the City that was expressed by the community through the public participation process over the course of more than two years of development of the General Plan Update and the Land Use Code Update. 2. The proposed Official Zoning Map is in the public interest since it would meet the current needs of the community by providing for the types of land uses that are necessary and desirable to the community. 3. The proposed Official Zoning Map is consistent with and implements the land use designations of the General Plan land use map and the regulations of the Land Use Code. 4. The proposed Official Zoning Map is deemed essential and desirable to the public health, safety, and general welfare of the community since the specific location and distribution of land uses is necessary to reduce conflicts and insure compatibility between land uses. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 18, 2011, by the following vote: AYES: DeLaPaz, Farias, ALvarado, Baca, Pruitt, Reynolds, Flores NAYS: ABSENT: ABSTAIN: CHAIRMAN SAN DIEGO Legend pesidennnt sts+nx as ..,.m0m.o. „,.. M xed-Ust woi _ aac a Maa My., s.. ca.eo, Commercio! mmm.raalnwom=... Mel pld Ust!101 M,�...,.a,,m, Hewn Institutional Open Soace (.^ilitar: x 1E11. aor Downtown 5aecific Plan = 1 Acn�=a�l. De.euartmllery West de Specific Plan maim,,,. wea a„.a... ni c.e awa. maa 11110,2 Harbor Olshic! 5aeclfic Plan r ca. m rn<L-ater Dnma so.dre Ama Port Master Plan �u aa��rwre, �n�� �• Overlays EMe 11'm• `a, Rnse I avers Official Zoning Map CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 16, 2011 AGENDA ITEM NO. 16 EM TITLE: Introduction of an ordinance amending Title 18 of the Municipal Code by adopting the amended Official Zoning Map in furtherance of the implementation of the General Plan land use map adopted by City Council on June 7, 2011. PREPARED BY: Raymond Pe, Principal Planner DEPARTMENT: Development Services PHONE: 336-4421 APPROVED BY: EXPLANATION: The proposed zoning map was presented to the City Council on June 7, 2011 as part of the Comprehensive Land Use Update, which included the General Plan Update and the Land Use Code Update (Municipal Code Title 18 Zoning). On June 7, the City Council approved the General Plan Update, and, on June 21, approved the ordinance adopting the amended Land Use Code. The Official Zoning Map is a zoning regulation within the context of and adopted pursuant to the Land Use Code (Municipal Code Title 18 Zoning). The Official Zoning Map establishes zones throughout the City that specify permitted uses, intensity of development allowed, and standards for development such as building heights, setbacks, and required parking. The proposed Official Zoning Map is consistent with and implements the land use designations of the General Plan. The General Plan land use map 0Q+ablishes the general distribution of land uses throughout the planning area. The Official Zoning Map ntifies the specific zones that apply within each of the broader General Plan land use designations. FINANCIAL STATEMENT: ACCOUNT NO. Not Applicable APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: A Final Environmental Impact Report (SCH# 2010051009) was certified by the City Council on June 7, 2011 pursuant to the Califomia Environmental Quality Act. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Introduce the ordinance. BOARD / COMMISSION RECOMMENDATION: On July 18, 2011, the Planning Commission took action by resolution to recommend that the City Council approve the Official Zoning Map. fACHMENTS: ORDINANCE NO. 2011 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 OF THE MUNICIPAL CODE BY APPROVING AND ADOPTING THE OFFICIAL ZONING MAP, AS AMENDED WHEREAS, the City Council of the City of National City adopted a General Plan Update including a land use map at a duly noticed public hearing held on June 7, 2011, at which time oral and documentary evidence was presented; and WHEREAS, the City Council adopted a Land Use Code Update at a duly noticed public hearing held on June 21, 2011, at which time oral and documentary evidence was presented; and WHEREAS, the General Plan land use map establishes the general distribution of land uses throughout the planning area, and the Official Zoning Map, which comprises part of Title 18 of the Municipal Code, identifies the specific zones that apply within and implement each General Plan land use designation; and WHEREAS, the proposed Official Zoning Map, as amended, would implement the regulations of the Land Use Code through zone classifications that establish the permitted uses on each parcel of land, the intensity of development allowed, and the standards for development; and WHEREAS, at a duly noticed public hearing held on July 18, 2011, the Planning Commission considered the staff report contained in Case File No. 2011-17 GPA, ZC, SPA, IS, along with evidence and testimony presented at said hearing; and WHEREAS, at said hearing, the Planning Commission considered the proposed Official Zoning Map, as amended, along with all evidence and testimony presented at said hearing, and along with the Environmental Impact Report prepared to assess project impacts of approving the Land Use Code Update which is implemented by the proposed Official Zoning Map, as amended, together with any comments received; and WHEREAS, prior to said hearing, the City sought out and incorporated public input throughout the two-year preparation of the General Plan Update and the Land Use Code Update. As part of the public outreach and participation efforts, the City held a total of 21 public workshops, community meetings, and other public engagement events at different locations throughout the City, in addition to public hearings before the Planning Commission and City Council; and WHEREAS, after said hearing, the Planning Commission on July 18, 2011 adopted Resolution No. 20-2011, "A Resolution of the Planning Commission of the City of National City, California, Recommending Adoption of an Ordinance Approving and Adopting the Official Zoning Map," in which the Commission recommended that the City Council approve and adopt the proposed Official Zoning Map, as amended, and said resolution was transmitted forthwith to the City Council; and WHEREAS, a duly noticed public hearing was held by the City Council on August 16, 2011, at which time oral and documentary evidence was presented, including the recommendation of the Planning Commission, as well as the information contained in the Environmental Impact Report prepared to assess the potential environmental impacts resulting from approval of the Land Use Code Update, which is implemented by the proposed Official Zoning Map, as amended. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the oral and documentary evidence presented to the City Council at the public hearing held on August 16, 2011, support the following Findings of Fact. FINDINGS FOR ADOPTION OF THE PROPOSED NATIONAL CITY OFFICIAL ZONING MAP, AS AMENDED 1. The proposed Official Zoning Map, as amended, reflects the desired future vision of the City that was expressed by the community through the public participation process over the course of more than two years of development of the General Plan Update and the Land Use Code Update. 2. The proposed Official Zoning Map, as amended, is in the public interest since it would meet the current needs of the community by providing for the types of land uses that are necessary and desirable to the community. 3. The proposed Official Zoning Map, as amended, is consistent with and implements the land use designations of the General Plan land use map and the regulations of the Land Use Code. 4. The proposed Official Zoning Map, as amended, is deemed essential and desirable to the public health, safety, and general welfare of the community since the specific location and distribution of land uses is necessary to reduce conflicts and insure compatibility. BE IT FURTHER RESOLVED that the City Council of the City of National City has reviewed and considered the proposed Official Zoning Map, as amended, and based on the findings set for the herein, hereby amends Title 18 of the Municipal Code, and approves and adopts said proposed Official Zoning Map, as amended, as the Official Zoning Map of the City of National City, which is attached hereto as Exhibit "A" and incorporated herein by reference. PASSED AND ADOPTED this day of , 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Daila, City Clerk Claudia G. Silva City Attorney 2 Ordinance No. 2011- Official Zoning Map SAN DIEGO CHULA VISTA 4b. bbrbb.1 b‘k b O. bVpbb bb,b • 01' Cbb0 D4Lbb, Lege Aesidanti, q5.1 ler R., R11 1mag RM-a mixed-1), usor umee (...do. MEMY, nn„.„1,eal Osirct MNAOC Moja,...) I:omdor 11111111..,/ D,S,c1 7onimwcial ,ndLstrial MetivrOndvINd IN Nen, IrquaTtl nslitufional Open Stoaca NMI Ise. Military powntown Soeclfic Plan ED I , SPOCifiC Plan ED EMI ..0 2111,.. ma, On, I rs,s4 Cc a iC c mIro Irsal =1°5 Harbor DIsItIct Soecllic Plan MCl/DOrDsln:13pnate Area Plan fort Master Plan221 Rater to 1,0 PoH1.1efter.ler [11110 5/11,9ge Jnined Pcrt Pls,1 OV0110,1 Coml. lone Bcse Lavers EXHIBIT A Official Zoning Map twnantaLcsrif CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 16, 2011 AGENDA ITEM NO. 0 _ . EM TITLE: Resolution of the City Council of the City of National City Approving the Memorandum of Understanding (MOU) between the City and the National City Firefighters' Association PREPARED BY: Stacey Stevenson DEPARTMENT: Human Resourc PHONE: 336-430R APPROVED BY: EXPLANATION: The labor agreement between the City of National City and the National City Firefighter's Association (NCFFA) expired December 31, 2010. Since October, 2010, City representatives and FFA representatives have been meeting and conferring in good faith for the purpose of negotiating a new agreement. On August 9, 2011, theNCFF " membership voted to ratify the terms of a three year agreement, retroactive to January 1, 2011, as set forth by the negotiating teams. Pending approval by the City Council, the agreement covering 36 City of National City Employees will include a full 9% employee contribution to retirement, via the Ca1PERS retirement system, to be phased in at 3% in each year of the agreement, retroactive to January 1, 2011. A complete summary of the agreements is attached. FINANCIAL STATEMENT: ACCOUNT NO. Fiscal year Savings FY 11/12 $126,823.68 FY 12/13 $187,335.14 FY 13/14 $293,242.07 ENVIRONMENTAL REVIEW: N/A APPROVED: APPROVED: mance MIS ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: N/A _ _ _ TACHMENTS: Resolution Summary of Tentative Agreement RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY FIREFIGHTERS' ASSOCIATION FOR THE PERIOD OF JANUARY 1, 2011 THROUGH DECEMBER 31, 2013 WHEREAS, the labor agreement between the City of National City and the National City Firefighters' Association ("NCFFA") expired December 31, 2010; and WHEREAS, in October, 2010, City representatives and representatives of the NCFFA began meeting and conferring in good faith for the purpose of negotiating a new agreement; and WHEREAS, said meet and confer was conducted pursuant to California Government Code Section 3500, et seq.; and WHEREAS, negotiations with the NCFFA has resulted in a tentative three-year agreement for a Memorandum of Understanding that includes employee concessions intended to address pension reform and provide general fund savings; and NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. The City Manager is hereby authorized to enter into a Memorandum of Understanding (MOU) between the City of National City and the National City Firefighters' Association for the period of January 1, 2011 through December 30, 2013. Said Memorandum of Understanding shall be on file in the Office of the City Clerk, and reference is made thereto for all particulars contained therein. Section 2. The City Manager is hereby directed to reflect the compensation plan as set forth in the subject MOU in the final budget for Fiscal Years 2011-2012, 2012-2013, and 2013- 2014. PASSED and ADOPTED this 16th day of August, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY Ir NATIONAL CITY FIREFIGHTERS' ASSOCIATION 2010 MOU NEGOTIATIONS PACKAGE TENTATIVE AGREEMENT Term: 3-year term, from January 1, 2011 to December 31, 2013 Article 1, Section 1 (Recognition) The National City Firefighters' Association is the exclusive representative of probationary and career employees in the following classes: -� Firefighter 4 fire Engineer 4 fire Captain 4 Battalion Chief -i Deputy -Fire Marshal Article 2 (Work Week) {A) Fire Suppression — Fifty-six (56) hours shall constitute the normal workweek for personnel assigned to this division. The normal shift length for personnel assigned to this division shall be twenty-four (24) hours. The normalshift change shall occur at 0800 (8:00 a.m.). Sunday routine shall be as follows: The hours from 0800 to 1300 hours shall be regular operations. After 1300 hours shall be considered stand by time and operations personnel are not expected to perform work of a non -emergency nature. (B) Forty Hour Assignment - Forty (40) hours shall constitute the normal workweek for personnel temporarily assigned to the operations, prevention or administration divisions. The normal work day for personnel assigned to this division shall be eight {8) hours, and begin at 0800 (8:00 a.m.) daily. Such assignment shall not exceed twelve (12) months, except for those positions designed and filled as permanent 40-hour assignments or with the consent of the temporarily assigned employee and approval of the Chief. (C) 9/80 Assignment — Employees on a forty hour assignment are eligible to participate in the "Alternative 9/80 Work Schedule," if approved Jy,the Fire Chief, or designee, The parties agree that the 9/80 alternative work schedule will continue to be monitored and the City retains the right to discontinue the 9/80 schedule so long as the City provides the employee and FFA with thirty (30) days advance notice and provides FFA with a reasonable opportunity to meet and confer on the change. The standard work schedule for an employee on a 9/80 work schedule shall be nine (9) hour days four days per calendar week plus one eight (8) hour Friday once every two Deleted: (other than those empbyees already holding title of Battalion Chief on December 31, 2004) Deleted: platoon Deleted:, Deleted: subject to approval of 1 Deleted: Deleted: , and in accordance with the restrictions and/or requirements for the Deleted: 'Alternative 9/80 Work Schedule' set forth in the side letter to the Memorandum of Deleted: Understanding currently in effect between the City and the National City Municipal Deleted: Employees Association. City of NationalCity / National City Firefighters' Association 2010 MOU Negotiations City Package Proposal - 5/17/11 Page 2 calendar weeks. The workweek is a 168 hour (i.e. seven 24-hour periodsscommencing at the mid -point of the employee's 8-hour Friday. Due to this workweek, and to ensure the 9/80 schedule does not impact overtime. an employee working his regular 9/80 work schedule shall not be entitled to overtime. Leave time (including Adrnin, Vacation and Sick) will continue to be accrued at the same rate, but will be taken in accordance with however many hours of work are missed. Holidays and floating holidays falling on an employee's 9-hour day will continue to be compensated at a rate ofeight (8) hours of the employee's regular rate of pay and employees will have the option of using accrued leave time (vacation, floater, admin or comp time) for the additional hour. When a holiday falls on an employee's Friday off. the day will be accrued as a floater to be taken at a later date. These floaters must be used Prior to the end of the fiscal year in which the floater was earned. The use of the floater is subject to supervisor approval like other requests to use leave time. If workload and staffing 'issues, as determined by supervisors create a situation in which a holiday leave floater cannot be used by the end of the fiscal year. the holiday leave floater can be carried over to the next fiscal year. Article 3 (Uniform Allowance) In addition, the City will provide $650, annually for -each employee covered by this agreement to be applied toward the purchase and maintenance of the shirt, belt, utility jacket and non safety trousers prescribed by department. The uniform allowance will be included in the first full pay period in July as part of the applicable payroll check. Article 4-Out-of-Class Pay)': Replacecurrent Article 4 with the fofowing: ,Acting Assignments Employees may be temporarily assigned to a higher classification when temporary vacancies caused by factors including but not limited to illness, vacations and separations prohibit the department from achieving the staffing levels prescribed under Article 26, Company -Level Staffing. in such cases of absences. the department shall make reasonable effort to find and utilize department personnel of the same rank. When personnel of the same rank are unavailable or such use is impractical as determined by the department director. acting appointments may be ' This proposal is intended only to confirm and clarify FFA employees' current rights with regard to out of class / acting pay. The Citycontinues to dispute FFA's grievance claims that employees currently are, or have been, entitled to different or greater compensation. -j Deleted: 500 Deleted: The July 2006 allowance oil will be paid in installments or$200 in July 2006 and 5300 in January of 2007. - -I. Formatted: No underline City of National City / National City Firefighters' Association 2010 MOU Negotiations City Package Proposal — 5/17/11 Page 3 made as allowed under Civil Service Rule 407.5. When vacancies are the result of employee separation, the department will make every effort to backfill the position as quickly as possible and in a manner consistent with City Policy and Civil Service Rules. Eligibility Fire Department personnel may be eligible to assume acting assignments under the following conditions: 1. The employee is on an active eligible list promulgated by the Human Resources Department for the classification to be filled. In the absence of an active eligible list: a. The employee was on the more recently expired eligible list for the classification to be filled. The individual has been certified by the department as meeting the requirements of the position to be filled. Compensation Acting assignments shall be compensated at a rate of 5% above the base salary of the employee assuming the acting assignment. Acting assignments continuing beyond six months shall be compensated at 10% above base pay effective at six months and one day for the remaining duration of the acting assignment. Article 5, Section 1 (Holidays) Eligible suppression personnel temporarily assigned to a forty (40) hour workweek shall be entitled to the following fixed holidays with pay if they occur during such assignment: 1. New Year's Day 2. 2nd Sunday in April 3. Memorial Day 4. Independence Day 5. Labor Day 6. Thanksgiving Day 7. Christmas Day Personnel permanently assigned to a 40 hour/week shall be entitled to the same fixed holidays with pay as Fire Management personnel. 1. New Year's Day — January 1st 2. Memorial Day — Last Monday in May 3. Independence Day — July 4th 5. Thanksgiving Day —4th Thursday in November 6. Day after Thanksgiving .7. Christmas Eve Day — December 24th City of National City / National Cityfirefighters' Association 2010 MOU Negotiations City Package Proposal — 5/17/11 Page 4 4. 'Labor Day —1st Monday in September 8. Christmas Day — December 25th 9. Martin Luther king — 3rd Monday in January 10. Cesar Chavez8irthday — March 1st Also each employee permanently assigned to 40 hour/week shall be credited with four_{4) floating holidays at the start of each fiscal year and pro -rated according to date of hire for new employees .1-Columbus Day — 2nd Monday in Lincoln's Birthday --February 12th 2. Washington's Birthday — 3rd Monday in February -October Veterans' Day —November l l th Article 5, Section 4 (Holidays — Fire Suppression Holiday Work Schedule) The normal workday on holidays for employees .assigned to Suppression-(66-hour week) shall consist of daily morning routine, answering emergency calls and the performance of assigned supervisory duties. For purposes -of this -section, the following days shall be modified workdays: I. Thefire Chief shall designate that the holiday work schedule be followed on days appointed by the Resident of the United States or by the Governor of California for a public fast, thanksgiving or holiday and approved byCouncil. 1. New Year's Day(January 1st) 2. Memorial Day.4th Monday in May) 3. 2nd Sunday in April 4. Independent Day (July 4th) 5. Labor Day (1st Monday in September) 6. Thanksgiving Day (4th Thursday in November) 7. Christmas Day (December251h) The provisions of the other sections of this article do not apply -to observance of the fire Suppression holiday work schedule. Article 6, Section 2 (Leave Eli ibility and Procedure ) 1 AH requests for leaves of absence, whether with or without pay, shall be submitted in advance and consistent with current Department :policy and practice, and, except as provided in the case of Compulsory Leave, Court Leave and Special Meetings, must meet the approval of the appointing authority. Article 11.(Sick Leave With Pay) Section 2 Sick Leave Earning and Accumulation Deleted: ive t Deleted: 5 ) Deleted: 1.. I:ing's'6i2'rday-3rd Monday l in January I [ Deleted: 4 -I Deleted: 2 Deleted: 5 ) ) Formatted: Buffets and Numbering ) Deleted: - 8._ Sunday atter1300 (Sunday work schedules will be reviewed each January for possible adjustments att conferring with thefFA)A Deleted: writing on prescribed forms, Deleted: 3.. Frozen Sick Leave Balance: Employees hired on or before June 30, 1980 and who have an existing sick leave balance on June 30,1980 in excess of 720 hours, will be 'frozen" at their June, 1980 sick leave balance levels on July 1, t980. (Herein called 'frozen sick leave balance'). said frozen sick leave balance will be maintained as a separate account. City of National City / National City Firefighters' Association 2010 MOU Negotiations City Package Proposal — 5/17/11 Page 5 Section 3 Sick Leave Usage Section 5 Sick Leave Compensation (1) In order to receive compensation while on sick leave, the employee must follow applicable Department staffing procedures, n Section 13 Sick Leave Incentive Pay (e) The City will make the full sick leave incentive payment in the paycheck for the first full bay period in August, Pay will be computed based on the employee's salary step on June 30 of the preceding fiscal year. Article 12 (Compensation Plan) All rates shown, and conditions set forth herein, are in full payment for service rendered and are intended to cover full payment for the number of hours now regularly worked in each class. Each promotion shall carry with it advancement to the promotional step that is equal to but not less than 5% above the employee's current base rate of pay. Promotions may be made at a higher step with the concurrence of the department director, the City Manager and the Human Resources Director., _ Article 14 (Forty -Hour Assignment Pay) Those employees classified as: 1. Firefighter (excluding new trainees in the fire academy); or 2. Fire Engineer; or 3. Fire Captain; or 4. Battalion Chief And temporarily assigned to a forty (40) hour assignment, shall receive a ten (10%) percent pay differential for the duration of said assignment. The assignment pay is intended for Fire Department mission -related objectives and assignments; not to compensate light duty personnel for the loss of overtime pay. Deleted: Example:. Employee has 1020 hours of sick leave accrual on June 30, 1980. On July 1, 1980 it is distributed as follows:¶ Accumulated Sick Leave Deleted: (1) . Employees must first utilize the regular sick leave balance prior to utilizing frozen sick leave accumulation. ¶ Deleted: shall notify:¶ ;I _ _ (a) . The immediate supervisors; oil .. (b) . The department head; oil .. (c) . In the event of the unavailability of either, the senior representative available. Deleted: Section 10.. Sick Leave Payment Upon Retirement Deleted: ¶ 11 An employee hired on or before June 30, 1980, shall upon formal retirement f rom the City under the Public Employees' Retirement System, be paid a1 their annual base salary for each hour of unused sick leave or traction thereof which has accrued to his credit up to and including his last day of work but not 10 exceed 360 hours. An employee hired on or after July 1, 1980, shall not be eligible for sick leave payment upon retirement.¶ ¶ For employees hired on or before June 30, 1980, sick leave payoff upon retirement shall be computed as follows¶ ¶ . 1.. Frozen sick leave balance upon date of retirement, and¶ .. 2.. Accumulative sick leave balances upon retirement.¶ Equals Sick leave payoff, however, in no event shall the payoff exceed 360 hours. Deleted: attempt to make payment on the payday following the end of the 3. pay cycle, but no tater than the payday tolbwing the end of the 4" cycle o1 each fiscal year. Deleted: a salary increase and the procedure covering the normal minimum hiring rate shall not necessarily apply. City of National City / National City firefighters' Association 2010 MOU Negotiations City Package Proposal — 5/17/11 Page 6 Article 18, Section 3 (.Employee and Dependent Health and Dental Insurance) Section 3 Effective February 1.. 2011. the City shall contribute the following amounts for health and dental benefits: - ----! Formatted: Indent: Left: 0" Employee only Employee and one dependent Employee plus 2 or more dependents S457.56 per month $736.80 per month $1,029.81 per month Effective February 1 2012, and in each following health plan year, the City's new contribution obligation shall be the monthly amounts from the prior health plan year plus 50% of any increase in the applicable .Kaiser rate and least costly dental Ilan. Article 181,Employee and Dependent Health and Dental Insurance) `Section 4 Employees covered by this tvlOU, who retire from the City of National City after July 1, 2002, and who have at least 20 lull years of service with National City Fire Departmentshall receive $5/month for each year of service with National City 'Fire Department as the City's contribution towards their medical insurance premium. This contribution shah continue until reaching age 65„ P oualifyinq retiree may receive these contributions even if not enrolled in a City health plan, so long as the retiree annually provides the City with written proof (e.g. a copy of health insurance invoice and payment) that the retiree is using the contributions to pay for health premiums and understands that the retiree is solely responsible for any taxes that might be due as a result of the City's contributions. Terminal vacation pay and/or sick leave payment upon retirement or PE S adding unused sick leave accruals toward retirement credit shall not be included in the calculation of 20 full years of service. If the City increases this benefit for the Police Officers' Association, that increase shall also apply to the Firefighters' Association, but not to former members of the F1 A already retired at the time the increase is made, unless the increase for the POA applies to its former members already retired at the time the increase is implemented. Retirees eligible for this benefit are responsible for paying the Health Insurance Premium and the City will forward this benefit amount on a monthly basis directly to the Retiree. This benefit will be canceled upon non-payment of premium or otherwise becoming ineligible. The Retiree is also responsible for notification to the City of address change and health coverage from another source. Section 5 Deleted: ortheretiree obtaining primary health coverage not sponsored by the City of National City Formatted: font: Arial Narrow, 12 pt, Not Bold Formatted: Font: Arial Narrow, r: pt, Not Bold y City of National City / National City Firefighters' Association 2010 MOU Negotiations City Package Proposal — 5/17/11 Page 7 The City and Association agree to meet and discuss during the term of this contract with the City's health care broker to attempt to develop a Health Savings Account (.HSA). or similar. option for employees. The parties shall make a good faith effort to include an HSA, or similar, option in the 2012 benefit year. Article 19 (Employee Life insurance} As a benefit to full-time employees covered by this Memorandum of Understanding, the City will provide a group life insurance program. The benefits and limitations of the Life Insurance Program are to be designed cooperatively by the Employees' Association, Insurance Carrier and the City. The City will provide $50.00Q Life Insurance with Accidental Death and Dismemberment as a City paid benefit. In the event the cost of providing Employee Life Insurance exceeds the established City contribution, employee must pay the excess amount. Article 21 (Public Employees' Retirement System} Section 1: Consistent with the Government Code of the State of California, employees are local safety members of the Public Employees' Retirement System and are entitled to optional benefits as indicated in the December 12, 1989, amendment to contract between the Board of Administration of PERS and the City Council. Section 2: The City currently provides the 3% at 50 with "Highest Single Year" Pers Retirement Benefit to represented employees. Effective January 1, 2011. all represented employees shall pay 3.0% of the PERS Employee contribution rate. Effective the first full pay period in July 2012. all represented employees shall pay a total of 6.0% of the PERS Employee contribution rate. Effective the first full pay period in July 2013. all represented employees shall pay the full 9.0% PERS Employee contribution rate. Prior to the first full pay period in July 2013, the City will report the City paid Employee Paid Member Contribution pf the employee's share as gross pay for purposes of highest single year retirement benefit, With regard to the 3.0% contribution owed retroactive to January 1, 2011. employees shall be permitted to make these payments in equal amounts among the pay periods beginning with the first full pay period following Council adoption of this MOU through the pay period ending December 1, 2011, The City will in the future provide to represented employees hired after the later of either July 1, 2011 or the date on which the new retirement benefit can be made effective by PERS with the 3% at 55 with "Highest Single Year" PERS Retirement Benefit. Employees receiving the 3% at 55 retirement benefit shall pay the full 9% PERS Employee contribution rate. Formatted: Font: Bold Formatted: Font: Bold l Deleted: 15,000 - Formatted: Indent: Left: 0.5", Tabs: Not at 1" Deleted: T Deleted: of Deleted: 9 Deleted: % Deleted: effective at the start of Fiscal Year 2002-03 Formatted: Indent Left: 0.5", Tabs: Not at 1" Deleted: Section 311 The City's P.E.R.S. contract includes the 'Highest Single Year' option at the City's expense.¶ Section 411 The City provides a 3% at 50 PERS Retirement Benefit for represented employees. ¶ 11 Section 51 After ratification of this Agreement by the City Council, the City will request an actuarial study from CALPERS on the cost at implementing the Level IV Survivors Benefit. When received, the City and FFA wit re -open negotiations on this issue only and will implement that benefit it the cost is not significant. This actuary study is to be provided by 1/31107$ City of National City / National City Firefighters' Association 2010 MOU Negotiations City Package Proposal - 5117/11 Page 8 Article 22 (Salaries) Section 1: The City of National City strives whenever fiscally prudent, to provide fire suppression personnel with total compensation comparable to the average of San Diego County cities. The City and NCFFA will mutually agree upon the compensation study. Section 2: Employees shall receive a one time stipend of $1,250 effective The first Cult pay foiiowina Council adoption of this M0U and a one time stipend of $1,250 effective the first full pay period in July 2012. Employees shall not receive a wage increase (step advancement -excluded) during the first two years of this MOU but employees shall receive a 2.0% cost of living increase effective the first full pay period in July 2013. Section 3: The parties have agreed to maintain the language regarding salary adjustments from the-' 2006-10 MOU in this MOU. which stated as follows: • Employees of the FFA, will receivea percentage salary adjustment for cost of living equal to the annual San Diego County All Consumers CPI * index benchmark of Jan 2007 This increase will be provided beginning the first full pay period in February 2007 but effective beginning the first full pay period in January of 2007. • Employees of the FFA. will receive a percentage market adjustment e uai to the base hourly salary average of each perspective rank based on the compensation studies of the (1 B) City fire Departments in the County of San Dieoo. • Market adjustments shall be administered and effective as follows:: Percentage Market Adjzustment effective first full pay period in)January. 2008,August.2008, January. 2009, Auqust,2009 January, 2010 andAuqust. 2010 • Qdiustment will be made based in the current salaries in place in the San Diego Comparables. • Subsequent retro-active adjustments are not considered nor are increases not vet ratified Section Those represented employees who can demonstrate competency in the Spanish or Tagalog languages as verified by the Personnel Department shall receive an additional 2% incentive pay to the hourly base salaries. ,Section 5 Those represented employees who can show actual residency within the City limits of National City shall receive an additional 2% incentive pay to their hourly base salaries for as long as they remain residents of National City. —[Formatted: Underline 1 Formatted: Underline ( Formatted: Line spacing: single 1 Formatted: Indent: .eft: 0.5", First line: 0", Line spacing: single ,f Formatted: font: Not Bold $ Formatted: Font: Not Bold .( Formatted: Line spacing: single 1 Formatted: Left, Indent: Left: 0:5", Hanging: 0", Space After: 6 pt, No bullets or numbering, Allow hanging punctuation, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Font Alignment: Auto, Tabs: Not at 0.5" + i" + 1.38" + 1:69" + 3.25 + 5:63" Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold - t Formatted: font: Not Bold (-Formatted: Font: Not Bold Formatted: Font: Not Bold t_Formatted: Font: Not Bold 1 Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Body Text 2, Indent: Left: 0.5", Hanging: 0", Tabs: 1.44", Left Formatted: Font: Not Bold {{ Formatted: Font: Not Bold ) • t( Formatted: No underline 11 ( Formatted: No underline J Formatted: No underline 3 [ Formatted: No underline 3 City of National City / National City Firefighters' Association 2010 MOU Negotiations City Package Proposal— 5/17/11 Page 9 Article 25, Section 2) The Educational Expenses Reimbursement Plan is available to employees who wish to improve their work performance through furthering their education. The plan provides reimbursement for up to $1.000 per employee, per fiscal year. with a maximum pool of training funds per fiscal year of $15,000 for FFA represented employees. and is open to all employees who meet the following', criteria: A. Successful completion of probation. B. A proposed course of instruction related to the employee's employment with the City. The City Manager or his designee has the final authority on determining whether a course is job related. Request must be submitted in writing on appropriate department form according to established procedures. C. The reimbursement may be used to cover the costs of tuition, registration and book,, D. If a letter grade is given. the, must be passed with a grade of "C" or better. If taken on pass/fail basis, employee must pass course(s) taken. If no grade or pass/fail is given. then reimbursement shall be given upon presentation of successful completion of training. E. The employee must show written documentation of the expenditures being claimed for reimbursement. Reimbursement under this Plan will be made upon completion of the above requirements and paid from the fund for the fiscal year in which the course is paid by the employee, Article, 26, Section 7 (Company -Level Staffing) (See Article 4 proposal) Section 9 Each Command Vehicle will be staffed with (1) rated fire Battalion Chief. (Deleted: Philosophy Deleted: The City of National City strives whenever fiscally prudent. to provide fire suppression personnel with total compensation comparable to the average o1 San Diego County cities. The City and NC FFA wilt mutually agree upon the compensation study. Deleted: Salaries Deleted: Employees of the FFA, will receive a percentage salary adjustment for cost of living equal to the annual San Diego County Ail Consumers CPI' index benchmark of Jan 2007. This increase will be provided beginning the first full pay period in February 2007 but effective beginning the first full pay period in January of 2007.1 Employees of the FFA, will receive a percentage market adjustment equal to the base hourly salary average of each perspective rank based on the compensation studies of the it 8) City Fire Departments in the County et San Diego.¶ Market adjustments shall be administered and effective as follows:9 Percentage Market Adjustment effective first full pay period in¶ January,200E1 August, 20081 January,2009¶ August, 20091 January, 20101 August, 20101 <#>Adjustment will be made based in the current salaries in place in the San Diego Compamhles.t <#>Subsequent retro-aclive adjustments are not considered nor are increases"' not yet refilled Deleted: Special Incentive¶ Pay Deleted: Those represented employees who can demonstrate competency in the Spanish or Tagalog languages as verged by the Personnel Department shall receive an additional 2% incentive pay to the hourly base salaries.¶ Those represented employees who can show actual residency within the City limits of National City shall receive an additional 2% incentive pay to their hourly base salaries fili21 _ Deleted: twelve (12)units Deleted: at a local community college Deleted: course Deleted: coursework as per part 2, above. Deleted: The City will not make assignments under Civil Service Rule 407.510 fill a vacant posdion unhlt an employee has been absent for 30 consecutive calendar:-3 J City of National City / National City Firefighters' Association 2010 MOU Negotiations City Package Proposal - 5/17/11 Page 10 Article 28 (Terms of Provisions) The provisions of this Memorandum of Understanding shall be effective and bindingjrom January 1, 2011_through December 31, 2011 Article 29 (Definitions) IMMEDIATE FAMILY-,)mmediate family shalt include the husband, wife, domestic partner (as defined by and registered with the California Secretary of State). mother and father of husband and wife and domestic partner, son, daughter, brother and sister of the employee, or any relative by blood or marriage or domesticpartnership residing in the - same household. Article 30 (Grievance Procedure): Modify Section 5, Step IH(c) as follows: 8. ,The parties shall have the right to record hearings by audio recorders or, by mutual agreement, by court reporter. Article 32 (Deferred Compensation) FFA employees shall be permitted to transfer their deferred compensation package from ICMA to Nationwide within six months of Council adoption of this MOU. FFA employees shall have the option to enroll in either the ICMA or the Nationwide plan but not both. The City will not agree to any enhancements to the Nationwide plan that would jeopardize the tax exemptstatus of the City's current plan with the IRS. As part of this package agreement, all other City and FFA proposals are deemed withdrawn and are not part of this agreement. Deleted: subject to approval of the National City Firefighters' Association and the CityCouncil / Deleted: the adoption of this document by IheCityCouncil Deleted: 0 Deleted:fxcept as provided in Article Section 2, i J Deleted: RATE - Rate shall mean the same as Rank. Rate and Rank are interchangeable terms for purposes of this MOU. Rate or Rank means to be employed in a position, on a permanent on probationary basis and includes employees working in a position pursuant to an assignment under Civil Service Rule 407.5.¶ RATED PERSONNEL -Shall mean permanent employees and probationary employees in a position as well as employees working in a position pursuant to an assignment undercivd Service Rule 4C7.5.,5 Deleted: Them shall be no shorthand or mechanical recording of the hearing. tFormatted: font: Bold, Underline CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 16, 2011 AGENDA ITEM NO. 118 EM TITLE: Resolution of the City Council of the City of National City modifying the contribution rates to the Public Employees' Retirement System by decreasing the City's contribution and incrementally adding a member contribution paid by the City of National City's Firefighters' Association Represented Employees reaching a 100% employee contribution of 9% in July, 2013 PREPARED BY: 1Li1ia Munoz, HR Technician! PHONE: 336-4309 EXPLANATION: DEPARTMENT: Huma Resources ifs APPROVED BY: On August 16, 2011, the City Council approved a Memorandum of Understanding (MOU) between the `Eity of National City and the National City Firefighters' Association (NCFFA) for the period January 1, 2011 through December 31, 2013. The terms of the MOU included an amendment to Article 21, Public Employees' Retirement System (PERS). Since July 2002, the City of National City has paid the nine percent (9%) employee contribution to PERS for NCFFA represented employees. As amended;•NCFFA employees,have-..-.. agreed to pay the employee contribution as follows: three percent (3%) effective January 1, 2011, three percent (3%) effective July 10, 2012, and three percent (3%) effective July 9, 2013. As such, NCFFA employees will assume responsibility for the full employee contribution effective fiscal year 2013/2014. To effect this provision, pursuant to Government Code Section 20691, the City Council must amend the contract between the Board of Administration of PERS and the City Council by adopting a resolution specifying the plan change. Therefore, staff seeks a resolution reducing the Employer Paid Member Contribution to Ca1PERS for NCFFA employees to six percent (6%) effective January 1, 2011, three percent (3%) effective July 10, 2012, and eliminating the Employer Paid Member Contribution effective July 9, 2013. FINANCIAL STATEMENT: ACCOUNT NO. Fiscal Year Savings FY 11/12 $184,764.41 FY 12/13 $245,103.22 FY 13/14 $386.190.55 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: p. Finance APPROVED: MIS STAFF RECOMMENDATION: ;Recommend approval of resolution. BOARD 1 COMMISSION RECOMMENDATION: 1N/A ATTACHMENTS: olution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MODIFYING THE CONTRIBUTION RATES TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY DECREASING THE CITY'S CONTRIBUTION AND INCREMENTALLY ADDING A MEMBER CONTRIBUTION PAID BY THE CITY OF NATIONAL CITY'S FIREFIGHTERS' ASSOCIATION REPRESENTED EMPLOYEES, EFFECTIVE JANUARY 1, 2011, AND REACHING A 100% EMPLOYEE CONTRIBUTION OF 9% IN JULY, 2013 WHEREAS, the City Council of the City of National City has the authority to implement Government Code Section 20691; and WHEREAS, the City Council has a written labor policy or agreement which specifically provides for the normal member contributions to be paid by the employer; and WHEREAS, one of the steps in the procedures to implement Section 20691 is the adoption by the City Council of a resolution to commence said Employer Paid Member Contributions ("EPMC"); and WHEREAS, the City Council has identified the following conditions for the purpose of its election to pay EPMC: 1. This benefit shall apply to all employees represented by the National City Firefighters' Association. 2. The benefit shall consist of paying 6% of the normal member contributions as EPMC effective January 1, 2011; 3% effective July 10, 2012; and 0% effective July 9, 2013. 3. The effective date of this Resolution shall be January 1, 2011. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby elects to pay Employer Paid Contributions as set forth above. PASSED and ADOPTED this 16th day of August, 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: August 16, 2011 AGENDA ITEM NO. IL9 ITEM TITLE: Discussion and direction by City Council to determine whether two (2) or three (3) towing contractors should provide towing services for the City. PREPARED BY: Dan Fabinski & Debbie Lunt PHONE: 336-4446/336-4582 EXPLANATION: See attached Staff Reports DEPARTMENT: Police & Finance Depts. APPROVED BY:r� FINANCIAL STATEMENT: n/a ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION: APPROVED: n/a APPROVED: Finance MIS STAFF RECOMMENDATION: See page 4 of the attached Staff Report. BOARD / COMMISSION RECOMMENDATION: N/A >,TTACHMENTS: Staff Report Towing Contract Administrative Evaluations Site Visits Staff Report Site Evaluation Check List Towing Contract Price Comparisons Reference Check Report Staff Report: Background The City's current towing contract with Tom Moynahan Towing will expire on September 30, 2011. On May 3, 2011, the City Council approved the creation a tow contract committee to work on a Request for Proposals for towing and impound services (hereinafter "Committee"). The Committee was tasked with drafting the Request for Proposals, evaluating proposals, and ultimately negotiating tow contract(s) to be executed and effective by October 1, 2011. The tow contract committee is comprised of representatives from several City departments. The Committee consists of Leslie Deese — City Manager's Office, Jodi Doucette — City Attorney's Office, Jose Tellez — Police Department, Armando Vergara — Neighborhood Services, Debra Lunt — Finance, Dan Fabinski — Police Department. RFP Process The Committee worked together to prepare a Request for Proposal ("RFP") for review of companies for consideration of the future tow contract. The RFP was submitted to Council on May 3, 2011. The Council requested some changes to the submitted RFP, which were completed. On May 17, 2011, the amended RFP was submitted before City Council. Council approved issuance of the RFP #GS1011-4 for Towing and Impound Contract services for the City of National City. The RFP approved by Council on May 17, 2011, contained all the criteria to be used by the Committee to perform the evaluations (detailed below). RFP #GS1011-4 was issued May 19, 2011, to establish a new towing and impound contract. RFPs were mailed to 18 potential bidders. Responses to the RFPs were due on July 5, 2011. The City received eleven (11) responses, which included one (1) response deemed as a "no bid". When deciding to whom a contract should be awarded, the RFP clearly states that the award of a contract(s) is based on the best overall value to the City. The factors to consider in determining the best overall value include, but are not limited to: evaluation of service capabilities, experience, price, and other factors assessed in the RFP. There is no obligation to make an award based solely on financial factors. In addition, there is no obligation to make any award to any contractor. RFP Evaluations The Committee reviewed the ten written proposals. Extensive administrative review and site evaluations were conducted by pertinent members of the Committee, and proposals were evaluated according to how well they met or exceeded the RFP requirements. Of the ten written proposals, three did not meet the RFP requirements upon initial administrative review of their written proposals. (Please see the Towing Contract Administrative Evaluation checklists, attached hereto). Thereafter, site visits were conducted on the remaining seven proposals. During the site visits, it was determined that four of the proposals did not meet the RFP requirements upon verification at the site. (Please see the report prepared by Sgt. Dan Fabinski, attached hereto as Towing Contract Request for Proposal; Site Visits). The three remaining proposals that meet the RFP requirements in alphabetical order are: • Angelo's Towing, 1177 S. 26th Street, San Diego, CA., 92113 • Road One Towing, 3821 Calle Fortunada, Suite A, San Diego, CA., 92123 • Tom Moynahan Towing, 3200 National City Blvd., National City, CA. 91950 It has been determined that these three tow contractors have met and/or exceeded the RFP requirements and are suited to provide the required level of service the City expects. Pursuant to the RFP, the City Council may select either two (2) tow contractors or three (3) tow contractors who will be placed on a rotational basis for the new tow contract period beginning on October 1, 2011. The proposed rates received from the remaining three (3) tow contractors differ. Once the City Council selects whether it prefers two or three operators for the new contract period, standard, consistent tow rates will be established. Negotiations with the selected tow contractors will be conducted, including the examination of the California Highway Patrol's rate (San Diego's prevailing area tow rates), to determine fair and proper tow rates. (Please see the attached Tow Rates Chart prepared by Purchasing Agent Debra Lunt, attached hereto). It is recommended that towing contracts for the period of October 1, 2011 through September 30, 2013, be awarded after the September 6, 2011 Council Meeting where direction is provided as to the number of tow contracts to award, with options to renew for up to three (3) additional one year periods. Attached is a brief analysis of the factors to consider regarding award of the contracts as to Angelo's Towing, Road One Towing, and Tom Moynahan Towing. Additional details are provided in Sgt. Dan Fabinski's report titled "Towing Contract Request for Proposal (RFP); Site Visits." 1. Angelo's Towing Advantages • Met RFP requirements • Located close to National City (within 2 miles) • CHP certified trucks — all sizes required in RFP, high quality equipment • Business office/dispatch staffed 24/7 • Paved storage yard, alarmed, video surveillance, well lit • Tow contract with City of Coronado, CHP rotation • Largest AAA provider in area (6000 AAA calls per month) • Close to public transportation • Positive references Factors to Consider • No prior experience as a National City tow provider • Limited experience as a municipal tow provider • Small storage lot — approximately 17,000 square feet. May have difficulty storing all of NCPD's tows, especially if a high tow volume operation such as a DUI/DL checkpoint is conducted No secure evidence storage facility; one would have to be constructed which would further decrease storage fot size • No current process in place to collected fees due the City; the contractor would have to create an administrative process and train employees • Concerns of fulfilling response time requirement and tow priorities due to being such a large AAA provider 2. Tom Moynahan Towing Advantages • Met RFP requirements • Located in National City, a local business • Current National City contractor (since 1968) • Long history of municipal tow service • CHP certified trucks — all sizes required in RFP, high quality equipment • Business office/dispatch staffed 24/7 • Large storage lot (large enough to meet all City needs), alarmed, video surveillance, well lit • Has a secure storage area for evidentiary vehicles • Has always provided good problem free service to the City • Process already in place to collect fees due the City • Tow contract with San Diego Sheriffs Department, CHP rotation • Close to public transportation • Positive references Factors to Consider • No areas of concern known, nor any negative history reported or experienced 3. Road One Towing Advantages • Met RFP requirements • Located close to National City (1.6 miles) • Past National City tow contractor (1989-2006), provided good service to the City other than response time concerns in general • Long history of municipal tow service • CHP certified trucks — all sizes required in RFP, high quality equipment, largest fleet • Main business office/dispatch staffed 24/7 (*see concerns) • Large storage lot (large enough to meet all City needs), alarmed, video surveillance, well lit • Has a secure storage area for evidentiary vehicles • Will require minimal effort to restart prior process to collect fees due the City • Tow contract with San Diego Police Department, Chula Vista Police Department and many other law enforcement departments in San Diego County • Close to public transportation • Positive references Factors to Consider • As a former City tow contractor, the contractor had reoccurring issues with meeting response times. Contractor states they have a new Teletrack GPS system in all tow vehicles which will shorten response times • Storage lot used for City will only be staffed during business hours. For after hours release, a customer must phone the dispatch center and then they will immediately send an employee to the storage lot to assist customer; thus there is waiting time. Staff Recommendation After five months of preparing and reviewing regarding the RFP by the committee, the following are staffs recommendations for Council consideration. 1. The Police Department recommends that two (2) towing and impound contractors only be considered. It is much easier to manage two tow contractors in terms of scheduling, preparing two monthly reports of each, and tracking all contract obligations and requirements. However, if we are asked to select three tow contractors, we would recommend the top three contractors listed on the report. I would not select any of the tow contractors that were unable to meet the RFP requirements. The Committee has identified the top three proposals based on the evaluations conducted through administrative review and site visits. The three proposals that meet all the RFP requirements could perform under the RFP and provide the overall best value to the City are in alphabetical order: Angelo's Towing, Moynahan Towing, and Road One Towing. These proposals have not been ranked amongst each other. As described below, if Council prefers to award two contracts, then a subsequent ranking will occur. The City has historically awarded towing and impound contracts to two operators. While this has been the historical practice, it is not the only option. The Police Department can manage three tow contracts, if the Council so directs. Next Steps. 1. Council provides direction to staff on whether to return with two or three tow operator contracts. a. If Council prefers two operators, then staff will return with a recommendation of the top two operators (based on the overall value to the City), and contracts that include negotiated prices with two operators. b. If Council prefers three operators, then staff will return with three contracts, including negotiated prices with all three operators. 2. Staff returns on September 20, 2011 with contracts for Council consideration. PURCHASING TOWING CONTRACT ADMINISTRATIVE EVALUATIONS Movnahan RoadOne Paxton Precision American Cortes Rescue Advantage Anaelo's Quality Rancho Received: Addendum #1? Y Y Y Y Y Y Y Y Y Y No Bid Addendum #2? Y Y Y Y Y Y Y Y Y Y RFP Cover Sheet Y Y Y Y Y Y Y Y Y Y Y Business License? Y Y Y Y Y Format (failure may = rejection) Pg 4#G Separated into Tech & Price Proposal Y Y Y Y Y Y Y Y Y Y One original and 3 copies of each Y Y Y Y Y Y Y Y Y Y Site Eval: See separate document from PD Location (10 miles) (pg 14) Hours (pg 13) Equipment (pg15) Employees (pg 13 & 14) Tech Eval (pg 5) Tech section submitted Y Y Y Y Y Y Y Y Y Y References included (pg 6) Y Y Y Y Y Y Y Y Y Y Subcontractors included (pg 6) n/a n/a n/a n/a Y Y n/a Y Y Y CHP form included (pg 6) Y Y Y Y Y Y NO Y Y Y-not certified Price Eval: (pq 6) Pricing submitted Y Y Y Y Y Y Y Y Y Y • Conclusion: Ok Ok Ok Note* Ok Ok DISQ* Ok Ok DISQ* DISQ* This vendor disqualified for not meeting minimum administrative requirements Note** Vendor unable to tow large vehicles. NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: August 4, 2011 TO: Tow Contract Committee FROM: Dan Fabinski, Tow Contract Committee Member SUBJECT: Towing & Impound Contract Request for Proposal (RFP); Site Visits Request for Proposal ("RFP") #GS1011-4 was issued on May 19, 2011 to establish a new Towing and Impound contract for the City of National City. The RFP's were mailed to 18 vendors, and advertised in the San Diego Union Tribune and the Star News. The completed RFP's were due on July 5, 2011. The City received eleven (11) responses, which included one (1) response as a "no bid". Upon initial review of all the proposals by the Tow Contract Committee, three tow proposals did not meet the RFP requirements. There were seven remaining proposals from the following tow contractors: • Advantage Towing, 2646 Main Street, San Diego, CA., 92113 • American Towing and Auto Dismantling, Inc., 140 Reed Court, Chula Vista, CA., 91911 • Angelo's Towing, 1177 S. 26th Street, San Diego, CA., 92113 • Cortes Towing Enterprises, Inc., 919 Hollister Street, San Diego, CA., 92154 • Paxton Towing, Inc., 3487 Main Street, Chula Vista, CA., 91911 • Road One Towing (A to Z Enterprises, Inc.), 3821 Calle Fortunada, Suite A, San Diego, CA., 92123 • Tom Moynahan Towing and Storage, 3200 National City Blvd., National City, CA., 91950 Site visits were conducted on the remaining seven tow contractors by Sergeant Fabinski and Armando Vergara. As stated in the RFP, the site visits were conducted without prior notice in order to view the tow contractor in their normal everyday business setting. The site visits were conducted over a two day period with four contractors contacted on Monday, July 18, 2011, and three contractors contacted on Tuesday, July 19, 2011. A Site Visit checklist was completed by Sergeant Fabinski during each site visit. The checklists are attached to this memorandum. 1 Tom Moynahan Towing and Storage (visited 7-18-11 @ 1:35 pm) Employee present — Tom Moynahan This bidder is the current tow contractor for the City. The bidder has been the City's tow contractor continuously since 1968. They are the only bidder with their business office and storage yard located inside National City city limits. Moynahan Towing has a current National City business license. Their business office is staffed 24 hours a day/ 7 days a week. All incoming phone calls are answered by office staff. The business phone is also routed to the business owner, Tom Moynahan's, residence in National City, to ensure phone calls are answered promptly. The office staff is available 24/7 for after-hours vehicle releases. The current fee schedule is posted at the business, they accept cash and major credit cards, and have cash on hand for change. An inspection of invoices verified that customer invoices are itemized with all charges. As the current City tow contractor, the business has a system in placed to post tow reconciliations and collect all fees due to the City. As the City's current tow contractor, they have an excellent reputation for being on time, submitting reconciliations, and other reports timely and accurately, and providing access to stored vehicles. Moynahan Towing's truck fleet meets the RFP requirements. All trucks are California Highway Patrol ("CHP") certified. The business has standard duty, medium duty, and heavy duty wheel lift trucks, standard/medium duty rollback trucks, and a heavy duty landau truck. The business also has a tow truck capable of sub -garage towing and an off road capable vehicle. All trucks are equipped within RFP requirements. Moynahan Towing's storage lot is located in National City and close to public transportation. The storage lot is composed of a gravel type surface and per Tom Moynahan, is approximately 100,000 square feet. My visual estimate of the lot size agrees with this estimate. The storage yard is enclosed by solid fence and wall with a locked gate. The lot is alarmed and monitored by several cameras that record and are equipped with motion sensors. The lot is well lit with pole and roof mounted lights. The storage lot has a secured storage area for evidentiary vehicles and has a paved vehicle examination area. There are no areas of concern known, nor any negative history reported or experienced with Moynahan's Towing. Moynahan's Towing and Storage meets all RFP requirements. Road One Towing (visited 7-18-11 @ 2:10 pm) Employees present — Brian Wakham; Pamela Lent Road One Towing has a current National City business license. Their business office/storage lot is located at 3333 National Avenue in San Diego which is approximately 1.6 miles from the National City city limits. This business office is staffed 2 Monday — Friday, 8:00 am to 6:00 pm. After hours, phone calls are routed to the main office/dispatchers and answered by staff. If an after-hours release is requested by a customer, the dispatcher would immediately send a Road One employee to the storage lot to assist the customer. All incoming phone calls are answered by Road One staff. The current fee schedule is posted at the business, they accept cash and major credit cards, and have cash on hand for change. An inspection of invoices verified that customer invoices are itemized with all charges. Road One Tow tows for several law enforcement agencies. Road One Towing has a system in place to post reconciliations for other jurisdictions. They currently do not have a system in place for National City, but state as a former National City tow contractor, they could re -enable the National City reconciliation system with minimal effort. Road One Towing's truck fleet meets the RFP requirements. All trucks are CHP certified. The business has standard duty, medium duty, and heavy duty wheel lift trucks, standard/medium duty rollback trucks, and a heavy duty landau truck. The business also has tow trucks capable of sub -garage towing and off road capable vehicles. All trucks are equipped within RFP requirements. Road One has the largest fleet of trucks of all the RFP proposals. According to Brian Wakham, all trucks now have a Tele-track GPS system allowing Road One dispatch to know the location of all trucks and dispatch the closest truck for a shortened response time. Road One Towing's storage lot is located in San Diego and close to public transportation. The storage lot is composed of a gravel type surface with partial paving and per Brian Wakham, is approximately 150,000 square feet. My visual estimate of the lot size agrees with this estimate. The storage yard is enclosed by solid chain link fence reinforced with rebar and barb wire with a locked gate. The lot is alarmed and monitored by several cameras equipped with motion sensors, that record. The lot is well lit with pole and building mounted lights. The storage lot has an indoor secured storage area for evidentiary vehicles and has a paved vehicle examination area. Factors to consider with Road One Towing: 1) As a former City tow contractor, the contractor had reoccurring issues with meeting response times. However, Road One Towing states they have a new Teletrack GPS system in all tow vehicles which will shorten response times. 2) The storage lot to be used for City tows will only be staffed during business hours. For an after hours release, a customer must phone the dispatch center and then they will immediately send an employee to the storage lot to assist customer; thus there is waiting time. Road One Towing meets all RFP requirements. 3 Angelo's Towing (visited 7-18-11 @ 3:15 pm Employee present — Nash Habib Angelo's Towing has a current National City business license. Their business office/storage lot is located at 1177 S. 26`h Street in San Diego which is approximately 2.0 miles from the National City city limits. Their business office is staffed 24 hours a day/ 7 days a week. During the business hours of 6:00 am to 10:00 pm, there are three office employees present; from 10:00 pm to 6:00 am the staff consists of one dispatcher. All incoming phone calls are answered by office staff. The office staff is available 24/7 for after-hours vehicle releases. The current fee schedule is posted at the business, they accept cash and major credit cards, and have cash on hand for change. An inspection of invoices verified that customer invoices are itemized with all charges. Angelo's Towing currently tows for the CHP and the Coronado Police Department. They do not have a current system in place for reconciliations as they do not collect any fees for either agency. They are a large Automobile Club ("AAA") provider with about 6,000 AAA calls for service each month. Nash Habib states they have the ability to create a system for municipal tow reconciliations. Angelo's Towing's truck fleet meets the RFP requirements. All trucks are CHP certified. The business has standard duty, medium duty, and heavy duty wheel lift trucks, standard/medium duty rollback trucks, and a heavy duty landau truck. The business also has a tow truck capable of sub -garage towing and an off road capable vehicle. All trucks are equipped within RFP requirements. Angelo's Towing's storage lot is located in San Diego and close to public transportation. The storage lot is paved and per Nash Habib, is approximately 20,000 square feet including the office building. My visual estimate of the lot size agrees with this estimate. The storage yard is enclosed by solid fence and wall with a locked gate. The lot is alarmed and monitored by several cameras that record. The lot is well lit with pole and building mounted lights. The storage lot does not have a secured storage area for evidentiary vehicles. It has a paved vehicle examination area. Factors to consider with Angelo's Towing: 1) They have no prior experience as a National City tow provider, thus no National City history to assess. 2) They have limited experience as a municipal tow provider. 3) They have a small storage lot, approximately 17,000 square feet of usable space. They may have difficulty storing all of NCPD's tows, especially if a high tow volume operation such as a Driving Under the Influence/Drivers License ("DUI/DL") checkpoint is conducted. 4 4) They have no secure evidence storage facility; one would have to be constructed which would further decrease storage lot size. 5) They have no current process in place to collected fees due the City; the contractor would have to create an administrative process and train employees. 6) Concerns exist as to fulfilling response time requirement and tow priorities due to being such a large AAA provider. Angelo's Towing and Storage meets all RFP requirements. Advantage Towing (visited 7-18-11 @ 3:50 pm) Employee present — Andy Palmer; Yazid Iziqat Advantage Towing has a current National City business license. Their business office/storage lot is located at 2646 Main Street in San Diego which is approximately 1.8 miles from the National City city limits. The contractor states the business office is staffed Monday — Friday, 8:00 am to 6:00 pm (the posted hours state 8:00 am to 5:00 pm), however, upon our arrival for the site inspection at 3:50 pm, the business office was locked and no staff were visible. A walk around the perimeter revealed barking dogs in the lot but no employees. There was no pay phone outside the business, so the phone number on the sign was called via wireless phone. After several rings, employee Andy Palmer answered. A few minutes later, Andy Palmer arrived from inside the business and allowed us in for the inspection. Andy Palmer stated he had been working in the yard. The contractor states the office is staffed 24/7 and office staff answers all phone calls. The current CHP fee schedule is posted at the business. They accept cash and major credit cards, and have cash on hand for change. An inspection of invoices verified that customer invoices are itemized with all charges. Advantage Towing does not have a system in place to post reconciliations for other municipalities. They have a system to collect for AAA towing. Advantage Towing's truck fleet does not meet the RFP requirements for the following reasons: Only one truck was available for viewing that was CHP certified. The business has standard duty and medium duty wheel lift trucks and standard/medium duty rollback trucks only. All trucks are equipped within RFP requirements, with the exception that they do not have tow trucks capable of heavy duty towing or with off -road capability. The RFP requires equipment capable of towing large oversized vehicles and from off road areas (pg 15, Section III.E. of the RFP). They state a heavy duty truck and an off - road capable truck are on order, but the RFP package contains only a quote for such vehicles with an explanation of delivery within 30-45 days of contract award. Advantage Towing's storage lot is located in San Diego and close to public transportation. The storage lot has a paved surface and appears to be approximately 30,000 square feet. The storage yard is enclosed by solid chain link fence with mesh and barb wire with a locked gate. The lot is not alarmed, but per Yazid Iriqat, an alarm is 5 being ordered. The RFP requires and alarm and intrusion sensors that provide immediate notification capabilities at all times or similar devices or security measures. (pg 14, Secction III. D. of the RFP). The lot has surveillance cameras, however the cameras were not working during our site visit. The lot is well lit. The storage lot has an indoor storage area, which could be adapted for evidentiary vehicles and has a paved vehicle examination area. Advantage Towing does not meet all RFP requirements. It does not have a heavy duty truck or an off -road capable truck. It does not have an alarm system and the camera system was not functioning during the site visit. Additionally, the business office was not open during normal business hours, as stated and required by the RFP. Cortes Towing Enterprises, Inc. (visited 7-19-11 @ 10:50 am) Employees present — Juan Cortes, Jr., Paulo Cortes Cortes Towing has a current National City business license. Their business office/storage lot is located at 919 Hollister Street in San Diego which is approximately 5.9 miles from the National City city limits. Their business office is staffed 24 hours a day, 7 days a week. During the business hours of 8:00 am to 6:00 pm, there are three office employees and one dispatcher present, from 6:00 pm to 8:00 a.m. The staff consists of one dispatcher. All incoming phone calls are answered by office staff. The office staff is available 24/7 for after-hours vehicle releases. The current fee schedule is posted at the business, they accept cash and major credit cards, and have cash on hand for change. An inspection of invoices verified that customer invoices are itemized with all charges. Cortes Towing currently tows for the CHP and the San Diego Police Department (starting 8-1-11). They have a system in place for reconciliations with SDPD and believe they can create a reconciliation system for National City with minimal effort. They are a large AAA provider with about 2,700 AAA calls for service each month. Cortes Towing's truck fleet does not meet the RFP requirements for the following reasons: Their trucks are CHP certified and the business has standard duty and medium duty wheel lift trucks and standard/medium duty rollback trucks. Their trucks are equipped within RFP requirements. They do not, however, have any heavy duty tow trucks. The RFP requires equipment capable of towing large oversized vehicles (pg 15, Section III.E. of the RFP). Paulo Cortes stated they will purchase a heavy truck if awarded the contract. They also do not have a running vehicle capable of off -road towing. The RFP requires equipment capable of towing from off road areas (pg 15, Section III.E. of the RFP). They displayed an older model, dismantled truck as their future off -road vehicle. The business does have a tow truck capable of sub -garage towing. Cortes Towing's storage lot is located in San Diego and close to public transportation. The storage lot is paved and per Juan Cortes, is approximately 35,000 square feet. My 6 visual estimate of the lot size agrees with this estimate. The storage yard is enclosed by solid chain link with mesh fence with a double, locked gate. The lot is alarmed and monitored by several cameras that record. The lot is well lit with pole and building mounted lights. The storage lot has an enclosed, secured storage area for evidentiary vehicles. It has a paved vehicle examination area. Cortes Towing does not meet all RFP requirements. It does not have a heavy duty truck or an off road capable truck, as required by the RFP. Paxton Towing, Inc. (visited 7-19-11 @ 11:30 am) Employee present — Bo Lemler Paxton Towing has a current National City business license. Their business office/storage lot is located at 3487 Main Street in Chula Vista which is approximately 6.5 miles from the National City city limits. Their business office is staffed 24 hours a day, 7 days a week. Their business hours are 8:00 am to 5:00 pm. All incoming phone calls are answered by office staff. The office staff is available 24/7 for after-hours vehicle releases. The current fee schedule is posted at the business, they accept cash and major credit cards, and have cash on hand for change. An inspection of invoices verified that customer invoices are itemized with all charges. Paxton Towing currently tows for the Chula Vista Police Department ("CVPD"). They have a system in place for reconciliations with CVPD from previous years when they would collect fees for Chula Vista. Bo Lemler states they can create a reconciliation system for National City with minimal effort. Paxton Towing's truck fleet does not meet the RFP requirements for the following reasons: None of their trucks are CHP certified. This is a requirement of the RFP (pg. 15, Section III.E. of the RFP). Paxton Towing had Chula Vista Police Department Officer Rhodes conduct a CHP inspection on each tow truck, but this unfortunately does not qualify for CHP certification. Bo Lemler states he is not on the CHP tow rotation and it is difficult to get the CHP to certify his trucks because of this. The business has standard duty, medium duty, and heavy duty wheel lift trucks and standard/medium duty rollback trucks. The business has a tow truck capable of sub -garage towing and an off road capable vehicle. All trucks are equipped within RFP requirements. Paxton Towing's storage lot is located in Chula Vista and close to public transportation. The storage lot has a gravel type surface and according to Bo Lemler, is approximately six acres in size (approximately 250,000 square feet). My visual estimate of the lot size agrees with this estimate. The storage yard is enclosed by solid chain link with mesh fence and a locked gate. The lot is alarmed and monitored by several cameras that record. The lot is well lit with pole mounted lights. Paxton Towing has another storage location in close proximity that has an enclosed, secured storage area for evidentiary vehicles. It has a paved vehicle examination area on the main lot. 7 Paxton Towing does not meet all RFP requirements. It does not have a current CHP certification, as required by the RFP, on any of its tow trucks. American Towing and Auto Dismantling, Inc. (visited 7-19-11 @ 12:25 am) Employee present — Rudy Mercado American Towing has a current National City business license. Their business office/storage lot is located at 140 Reed Court in Chula Vista which is approximately 6.3 miles from the National City city limits. Their business office is staffed only during business hours 8:00 am to 5:00 pm. The hours expand to 8:00 am to 7:00 pm when on rotation for Chula Vista Police Department (CVPD). All incoming phone calls are answered by office staff during business hours. After hours, all phone calls are answered by a contracted answering service. The office staff is available 24/7 for after-hours vehicle releases, through contact with the answering service. The current fee schedule is posted at the business, they accept cash and major credit cards, and have cash on hand for change. An inspection of invoices verified that customer invoices are itemized with all charges. American Towing currently tows for the CVPD, US Customs and Border Patrol, and is on the CHP rotation. They have a system in place for reconciliations. Rudy Mercado states they can create a reconciliation system for National City with minimal effort. American Towing's truck fleet does not meet the RFP requirements for the following reasons: Their trucks are CHP certified. The business has standard duty, medium duty wheel, and heavy duty lift trucks and standard/medium duty rollback trucks.All their trucks are equipped within RFP requirements. They do not have, however, a tow truck capable of sub -garage towing, as required in the RFP (pg. 15, Section III.E. of the RFP). They also do not have a tow truck vehicle capable of off -road towing. The RFP requires equipment capable of towing from off road areas (pg 15, Section III.E. of the RFP). Rudy Mercado stated if awarded the tow contract, he would purchase one tow vehicle which would be capable of both sub -garage towing and off road towing. American Towing's storage lot is located in Chula Vista and close to public transportation. The storage lot has a gravel type surface and according to Rudy Mercado, is approximately 2.3 acres in size (approximately 100,000 square feet). My visual estimate of the lot size agrees with this estimate. The storage yard is enclosed by a corrugated metal solid fence, which is electrified, and a locked gate. The lot does not have an alarm system. The RFP requires and alarm and intrusion sensors that provide immediate notification capabilities at all times or similar devices or security measures. (pg 14, Secction III. D. of the RFP). The lot has cameras that record on a loop. The cameras are not monitored and per Rudy Mercado, they are "old style" cameras. The lot contains a secured area for evidentiary vehicles, however, this area is surrounded by only a chain link fence that is open on top, significantly reducing its security. This, combined with no alarm system and non -monitored cameras, makes the secured area not very 8 secure. The storage lot has a paved vehicle examination area, but this is the mechanical repair area on the main lot, making it difficult to utilize for evidence collection. American Towing does not meet all RFP requirements. It does not have a tow vehicle capable of sub -garage towing, does not have a vehicle capable of off road towing, and the storage lot does not have an alarm system, all of which are required by the RFP. Upon completion of the site visits, the results of the site visits were presented to the tow contract committee. As a result of the site inspections, it was determined that four of the proposals did not meet the RFP requirements. The following three tow contractors were found to have met the RFP requirements. Summary • Angelo's Towing, 1177 S. 26th Street, San Diego, CA., 92113 • Road One Towing (A to Z Enterprises, Inc.), 3821 Calle Fortunada, Suite A, San Diego, CA., 92123 • Tom Moynahan Towing and Storage, 3200 National City Blvd., National City, CA., 91950 Dan Fabinski 9 Prospective Contractor TOW RFP SITE VISIT MOrki4AA/V Date/Time / "/ 1335 Business license L- Current in jurisdiction 24 hour phone a ..: ►/ Pager/cell/ swering service ALSO /et . / -t' 7lok`• I/24 hour office s a f for release t/ Office at yard (open minimally 0800-1800) ✓ Access to vehicle by R/O 24 hours "15 2.# — Rio Se-eV/val. x. ✓ Fee schedule posted in office t/ Accept credit card and cash t/ Cash on hand for change Procedure in place to post reconciliation(9N ✓ Invoices itemized with all charges ��jj J. Tow truck requireme is Rollback - Basic(Y/N - Mediu /N - Heavyy/N -- L4 Wheel lift - BasidY/N - Mediuny9/N - Heav}I N /y WO 1 sub -garage vehicle ✓ Off road capable truclq5/N — c qT? 'I ruck equipment i ✓ 2 way radio tom 80001b. capacity +----'r Dollies on each vehicle - 41 L EXCeP'" /rat/ 8iw'(' .✓ CHP inspection certificate for each vehicle -mot requirements --W-ithin ten miles of City boundary --A ppr im t tanse --/ =-C /%% t.- Minimally 10,000 squar feet Estimate=% u is rans Nearby&N ✓ Enclosed - Solid fence/N or Wall(N Locked gateal tom= - Alarmedf - cqir?t,ts - c✓./,d 770(J coLcop-- flit_ T G.vR6c t/ Lighting: flood lights - r j ',act -f- pi of of g4_4 G 1„.... Drainage: no standing water ✓ 414 Secured evidence -storage ,,gP/►eES (/- Paved examination area ,'�.1,.s / 6�=V-a., f) 40C/eZc f Gels t'i'c4. Comments: eArt/t of 014, F c.-ot� /f /42�E3 i - T rv2 t/C/ ) Employee Present = fre i %.'Y,'/A/I f Person Conducting Inspection: //6'k-Vie-t6/9.eA, TOW RFP�S/ITE VISIT Prospective Contractor R 6A.A 0 Date/Time 7 /6P-1" Business license Current in jurisdiction 24 hour phone c tact Pager/cell ffice st /answering service rn,fr/✓ o C6,- 4T itiiC /.jar 24 hour office staff for release Office at yard (open minimally 0800-1800) Access to vehicle by R/O 24 hours fju vG✓ 130 7W CP/ty Phblir Fee schedule posted in office Accept credit card and cash Cash on hand for change Procedure in place to post reconciliations&/N 6rtkge„ 77,Itrf 64/07-/Vf l` Invoices itemized with all charges fprorz ri17 Tow truck requirements Rollback - Basi - Mediutr-i - HeavyON Wheel lift - Basiq Y'I - Mediu/N - Heavy®/N I sub -garage vehicle ✓ Off road capable truckON z 6/' y e/, Truck equipment 2 way radio A GS.› 7 r7z /C /'s //v ,4 U. v iGt-K_ 8000 lb. capacity — Dollies on each vehicle -u/ . /4/1# / /2r1/i p,-ti pl-o CHP inspection certificate for each vehicle Lot -r-eq_uiremenis Withirriten boundary Approximate Dista�.4 ( - - Minimally I0,0(10 square feet Estimate= -a. X Public. Frans N.earby�/N Enclosed - Solid fenc /N or Wall Y/N Locked gatN Alarmed ,/3e9"N//v L.7" Lighting: flood lights S po-i/Fi » ,fi //b •-t--, 0...7r,ar a fpic�=, , Drainage: no standing water • • - • • -cc . : .: storage • Paved examination- area I.1Jfre4 772&TL4F Comments: F//1T0 /i c tji,1(S Or A(c J -7'/i ce e7v7jt4.../ 7ririr+�� /fto/A'G c''r' m12 la /F Ncr' o 7Z C7t ,P•r / / EL+i 7 13grze, -- A-C s 4 cat-iz "e-iel ri14//✓ ! 2 3 3 C .ST -recEr24k Ai nw 1' Co cal re- Cc-curTRucK `N / c Employee Present = 73/l 7C1,1 jC/v / ere (I /✓ t '4 Person Conducting Inspection: - /7///Sf//!/QP64,Q/} Prospective Contractor TOW RFP SITE VISIT Date/Time Z.- e 8 // S , t/Business license ✓ Current in jurisdiction ✓24 hour phone conl)ct ✓ Pager/cell/ fice staf answering service3-2o - ZZoo / uca0 -Gl ✓24 ( hour office sta f for release Office at yard (open minimally 0800-1800) Access to vehicle by R/O 24 hours ✓Fee schedule posted in office ✓Accept credit card and cash --C elci 44$t ✓ Cash on hand for change L./Procedure .,_/ in place to post reconciliations YQ 14p'r emu% � 60/2-a/i t/'Invoices itemized with all charges 1 ✓Tow truck requirem is Rollback - Basi 40 - Mediu/N - Heavy61N '-e--47) ✓ Wheel lift - Basia( T - Medium - Heavyt N ✓ 1 vehicle-L./ Off road capable truckkN sub -garage i/ Truck equipment L- 2 way radio ref 'L — i/'S 7/i ' teKS o/ 80001b. capacity ✓ _. Dollies -on each vehi_ele('J c_i___c_i_o", / pc,ce6 [/f ✓ /tlorvi/ CHP inspection certificate for each vehicle / 1/ Lot requirements .✓ Withi-n boundar - -2 0 a pproximate-Distance J Minimally.10,000 s Imre.feet Estimate=2o (( Pu�Zic Trans Nearb lN_-- Enclosed - Solid fenc or Wall e5N Locked gate('! T t/ � Alarmed C-- /j'I i1615,22/D/ e•e- ✓ - Lighting: flood lights 5 42. t/ Drainage: no standing water J -Z (...„,-;- t7 1.."-- Scoured evidence storage 1Ja - _,, Ca r_ a qt 46E" 7-3 twat/ /-4 F (./ Paved -examination -area /S(9 G 4.37- noh..1e4 -r26 Fibstprer, - j f ccC G Comments: 6S A 4 4 CY1'—s j —0/s/774 d 2 .5-_063- Gr/ytz / S /6- C-644t/d GGt//c ✓' S�ZiITf{ Se -'p 42��y8 - t Sri` G���7�'✓ / 3_CE atz c5h�'v� /fG !),7S'ed1 i .31-36 - ccc-t r %vi)r7 c / c/ SZSZ 4)e Employee Present = /'1,4S/! 144 j3 Person Conducting Inspection: Prospective Contractor TOW RFP SITE VISIT t//11+7T/4 6-r- Date/Time 7 / � '/ / / / v Business license rr Current in jurisdiction ✓ 24 hour phone t Pager/cel office ff/answering service 50.n oA /AI e2me6 , 7 .gv*- 1,-24 hour office staff for release ✓ Office at yard (open minimally 0800-1800) s-/r /.1,2 k+7.4-1--/P-17D0 Pas , ✓ Access to vehicle by R/O 24 hours t, "Fee schedule posted in office C/-//° - ✓ Accept credit card and cash V Cash on hand for change Procedure in place to post reconciliations Y? Cry/A,/1 e,//'r t/'Invoices itemized with all charges Tow truck requireme is Rollback - Basic Y/N -.Medium Y62 Heavy Y67--_ Wheel lift - BasicN - Medium Y/N - Heavy Y/N— a Al a /2-41ekPt p 1 sub -garage vehicle t.- Off road capable truck Yil9 op/ p e464 + - 1/ ,✓14 Truck equipment on/t ¶/ / ' �J2, - 4'Ai1n,kit,- rot?. 1/ 2 way radio 8000 lb. capacity G/ Dollies on each vehicle /,J}/ CHP inspection certificate for each vehicle Lot requirements Within ten miles of City 1roimdary�.=pn Distance = o xi :=ate --- Minimally 10,000 square feet Estimate Public Trans NearbaN. 1/ Enclosed - Solid fenceor Wall Y/N Locked gat 1 Alarmed — //.' P ca -f Ole a-E,77/VG AcA 441 sD i EcxlE oi✓ 1/ -f -L,(c-S 7 Lighting: flood lights rer 1,4,4,/tr ✓,v t/ Drainage: no standing water per-ed ,4R enee-storage-- nl/t_b DOCK /K fifer i/ - Paved examination area -- f3 fl=» T— /7rS /P F 6 4 - t /R,,-;p1 eg Comments: ff //i£sS C" SKh/LvefeeZ /SSA -S/(A/ u-/ /1A:1We Ts/i-F" - /moo /°/' Bpi c.41. - 11/.c.r/✓k - S' ,✓gt5e Epos-C-Z/C /7*2l2FD cvt/u- — 'i-=� �� � 4 2rir c_ S✓T /7/44 1-0 . d r rTS/ / h/s /.p r /-12 G 1 e4 Rs r/vn. /Mt 4.1 ,A o n It I?-?- f'' off Cu^`' 24 c // Employee Present = "AO y i%qGfrn//vcr Y A t 4 tee - pry/4/1/1/7c4e . Person Conducting Inspection: 71;7/Ai Se/ /16-46-11(2,4 TOW RFP SITE VISIT Prospective Contractor Date/Time 7! i J 1 // 5 C� Business license Current in jurisdiction ;i^ 24 hour phone to Pager/cel: office sta answering service e-e" ow,/ / /vt LNG ,p/J P.g7r 24 hour offic a for release 3 p l.- Office at yard (open minimally 0800-1800) i/' Access to vehicle by R/O 24 hours l"Fee schedule posted in office A, -,-"Accept credit card and cash Cash on hand for change -rProcedure in place to post reconciliationsQ/N - ap2, t/Invoices.itemized with all charges Tow truck requireme is Rollback - Basic T - Mediuir N - Heavy YQ Wheel lift - Basi(%N - MediumaN - Heavy Y(9 Cg/f J" Y /F 4,)4 1 pub -garage vehicle ✓ Off road capable -truck Ye, - 660,7,74 Truck equipment fl ..T0/LL4 ,i 2 way radio - kT�z s ►Z �u +f'y r&7" iN7, ett/f zo &/ 8000 lb. capacity ✓ Doilies on each vehicle j A,p, r____6' - -' ;,ffr - t/ .emu ,TC CRP inspection certificate for each vehicle Lot- egvirements - With n. ten miles City boundary - Approximate-Distan - -of ✓ Minimally 10,000 square feet Estimate= s_ .0 is sans ear}l t/ Enclosed - Solid fenc r or Wall Y G Locked gat t- Alanned GJPr7cE -r t6T ✓ Lighting: flood lights ,i Drainage: no standing water —Secured 70e . evidence storage 3--- e - i/ Paved- examination area f' ep. - id Ff ter .6 t le d'adVE aoet7 R- t�/ )'c Y4 • Comments: 141�?�4� t r c' Z `� 74Ri t.J /web //-t r16/Z (fir -ice �+^N/fit Is15�f /�✓,'�12t/✓�,-a7 11 - 71AA o /" ord' J , DPD c-o41-ef s7^71-171YF 1- /t Employee Present = /PA k• 1.9 Can 7�S i Person Conducting Inspection: %443/A✓.S /k/ U C726A /24 TOW RFP SITE VISIT Prospective Contractor ,PM I') Date/Time 7 i,- // / /g o Business license i....^ Current in jurisdiction 24 hour phone contact v*" Pager/cell ffic- st answering service ,,/24 hour office staff for release v." Office at yard (open minimally 0800-1800) $-S 1 v Access to vehicle by R/O 24 hours -Fee schedule posted in office Accept credit card and cash v Cash on hand for change ✓ Procedure in place to post reconciliations T - /"L' p,e✓a g C[Jhp co ft-.4 ifInvoices itemized with all charges Acre- 41 Tow truck requirements Rollback - Basic YI- Mediurr N - Heavy YO Wheel lift - Basil, - Medium &'N - Heavy 1 sub -garage vehic e--,/ Off road capable truck Ytt9 - itio2H.,,4 Truck equipment ,,,,/v,o-7„ 7po Pr C 7 c ; ✓ 2 way radio ,t)e,,,ax 7-c a du'. GA PI a_ey-s 7r 80001b. capacity - � C.A.; ✓ Dollies -on each vehicle Ai - -rizac -S _ _ CHP inspection certificate for each vehicle c ✓P 6 m,s,p6770A/s - 72,pts Lot requirements - Within-ten-niiefeity_bonndary pproximateDistance-- Minimally l0,000square. feet Estimate=/j,lap-3 y - Public_Trans Nearby: , I/ Enclosed - Solid fenc�N or Wall Y/N Locked gate % N ✓ Alarmed- .17a77o/r`c'A c'--71-,A,7s, - 6.0 7 Afro N/712f- v- Y Do V' Lighting: flood lights -_ 6501,g fo, mtc257- e,e) N+Hf s',c(Z,o.,e,ra/,,r4 PYR ✓ Drainage: no standing water ,/ Paved -examination -area - ,ri,(Ts7isE"; p/ /,4, t!j,,,cr-?fvI:_ frES Comments: CAS rs - /i !A/ Lo7 * /t 7-V/7 - /2O7o2, //b/G /srb rU/.r &- 1a2o,,eze f S7r^ 77 41 E 6 Employee Present = Person Conducting Inspection: 6Epi4-E7 - ou.)fER Prospective Contractor TOW RFP SITE VISIT 4/ ER/ C14/✓ Date/Time 7 i'? "7/12-2 Business license Current in jurisdiction C-vim y.,-," 8-eo. am go-m-vaw') 24 hour phone contact S-i ip GE--›-) /a 2 s,.,as4✓ A'' ,5 Pager/cell/ ffi e s f swerin sery e-- d �" z'Ri�� a"' °r 24 hour office s for release IIM Office at yard (open minimally 0800-1800) .- g,� j ,' ii ,sgna-e.cz--- Pg-' Pas+ Access to vehicle by R/O 24 hours .SA y,,c, yo/z�SJ Fee schedule posted in office Accept credit card and cash Cash on hand for change Procedure in place to post reconciliations YS2-//i✓C CYST i J7 l'i-er Q s-,?te" nb Ael 11-' Invoices itemized with all charges Tow truck requireme s Rollback - I.;asic/ /N - Medi - Heavy Y Wheel lift - Basi.> - Mediu r.0%/E' - eav , 1 sub -garage vehicle /do - /r "L' ;A 'Off road capable truck Y.(i -W,cc 14, y Truck equipment 2 way radio ,- / f +-L f ,J ,4z5,, 2 ✓ S,w--max M-627 . 8000 lb. capacity -- i Dollies on each vehicle _ e2/�c�? c rL7,a otL. CEc- CHP inspection certificate for each vehicle Lot requirements - Within ten miles of -City yirrdar ox i-mate Distance Mmall I0,000 squar t,_ Publ Trans Nearby- eet stima1 +AGE Mmi Enclosed - Solid fenc or Wall Y/N Locked ga 0 Alarmed »of/E / v aTTic.,. 2 pests/154- Lighting: flood lights -sl77e 7 cr,/ % - cezierek 4- /'ere-i H,Toe- Drainage: no standing water z.. L.,)- - - i'icj . evidence storage J ,q lac.if- ✓Jo t.o Vco 0ert it"G -- 'let C-sr v.+! - Paved examination area -",*//? r - CA y✓- , ,:s- , ..ra f-a Lei. ter- ,4.r'z Comments: Fv zi F"--itetc-- #c .44 6'1 — C-a Itt3 r C/ 1 24 /.1 v oir a /✓ k zro , J C b pi/ CC= -.- !' O.-b S'TyLE" y ©- ties 7, ,y4Cap/ 7 407T'� ✓� AZ tt'/C c-.- Ala A/I r K s/ Re / Cv e-5 / c /-F/ 9 Employee Present = 2 ci b y /rF77cAD O - l tiv/✓EX ,cam VC y1 G UM PAO • pet) y q/1'. . r»z Person Conducting Inspection: / &'/t'/ K7"�ER4,42.9 • PURCHASING TOWING CONTRACT PRICE COMPARISONS 8/11/2011 I FINAL Movn. Road 1 Paxton Precision Amer. Cortes Rescue Advantage Angelos Quality Rancho SCHEDULE BASIC TOWING. Includes First Hour Hookup, Labor, Standby Time, for vehicles Under 9,500 GVW (unloaded). $180 $135 $155 $165 $175 $110 $135 $128 $130 $135 NO BID MEDIUM SIZE - BASIC TOWING. Includes first hour hookup, labor, standby time, for vehicles over 9,500 GVW but less than 22,000 $215 $150 $195 $200 $225 $140 $175 $150 $150 $150 LARGE SIZE - BASIC TOWING. includes first hour hookup, labor, standby time, for vehicles over 22,000 GVW (unloaded $250 $200 $285 N/A $275 $160 $250 $180 $200 $200 ON -SCENE or Stand-by labor = each 15-minute increment, beyond first hour. Is charged only when extra ordinary labor must be expended to recover a vehicle. Stand-by is charged when the job cannot be started and must be explained on the tow bill. $50 $30 $8 $40 $65 Based on hdy rate of towing class $5/15 min $30 $32.50 $33.75 per 15 min DOLLIES. Will only be used when there is not a less expensive, safe manner of handling the situation. $55 $50 $47 n/c $50 $25 $50 $35 $40 $50 DRY RUN. May also be known as a "hook-up — drop fee" and is charged when the vehicle is hooked up and the owner returns before the vehicle is in transit. $50 NC $30 $82 $65 n/c $60 Basic $64 Med $75 Lrg $87.50 $0 $70 PER MILE TOWING. Applies only to vehicles recovered outside the jurisdiction of the city of National City ■ $5 $5 $3 $4 $3.75 $4 $3 $5 55 $5 MAXIMUM STORAGE - PER DAY. Per day is defined as a 24-hour ..riod. - $42 $35 $40 $40 $38 $30 $40 $42 $35 $35 RAGE PER HOUR. Up to maximum of $20.00 lay. 1 $5 $4 $1_66 $2 $2 $5 $10 $15 $8.75 AFTER HOURS VEHICLE RELEASE. After 5PM and before 8AM includingweekends and all holidays. $65 $65 $50 $65 $60 $75 $70 $45 $50 NOTIFICATION OF LIEN SALE Vehicle valued at less than $4.000, (22851.12 CVC). 1 $70 nk to city $45 $70 $70 - $70 $50 $70 $70 $70 $100 NOTIFICATION OF LIEN SALE. Vehicle valued at over $4,000. (22851.12 CVC). $100 $100 Mc to city $70 $100 $100 $100 $75 $70 $100 POLICE EQUIPMENT TOWING. Inside jurisdictional limits of National C' NC NC NC NC NC NC NC NC NC NC CITY EQUIPMENT TOWING. Includes all City vehicles. Also includes police vehicles towed from outside'uridictional limits of National City $65 25% NC 25% 25% 25% 26% 26% 25% 25% NEGLIGENT VEHICLE IMPOUND RELEASE FEE $55 $65 SERIOUS TRAFFIC OFFENDER PROGRAM FEE $150 FOR CRY VEHICLES ONLY: —_------ Oversize $200 kite ae - •er mile after 5 miles ----- $5 Storage per day —_ $5 ----- Admin Fee 1 hr $60 Admin Fee 1/4 hr $15 "FINAL: Final negotiated rates to which both recommended vendors a. eed. Contracts with -_-_---- both vendors will charge the same rates NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: August 4, 2011 TO: Tow Contract Committee FROM: Dan Fabinski, Tow Contract Committee Member SUBJECT: Towing & Impound Contract Request for Proposal (RFP); Reference Checks Request for Proposal #GS1011-4 was issued on May 19, 2011 to establish a new Towing and Impound contract. The RFP's were mailed to 18 vendors, and published in both the San Diego Union Tribune and Star News. The completed RFP's were due on July 5, 2011. The City received eleven (11) responses, which included one (1) response as a "no bid". Upon initial review of all the proposals by the Tow Contract Committee, three tow proposals did not meet the RFP requirements. There were seven remaining proposals. Site visits were conducted on the remaining seven tow contractors by Sergeant Fabinski and Armando Vergara. Upon completion of the site visits, the results were presented to the tow contract committee. As a result of the site visits, it was determined that four of the proposals did not meet all the RFP requirements. The following three tow contractors (listed in alphabetical order) were determined to meet all the RFP requirements. • Angelo's Towing, 1177 S. 26th Street, San Diego, CA., 92113 • Road One Towing (A to Z Enterprises, Inc.), 3821 Calle Fortunada, Suite A, San Diego, CA., 92123 • Tom Moynahan Towing and Storage, 3200 National City Blvd., National City, CA., 91950 The RFP required each proposal to include a minimum of five references where work of similar size and nature was performed within the past three years. I contacted the references for each of the above tow contractors. Below is the information I obtained from the reference checks. Angelo's Towing, 1177 S. 26th Street, San Diego, CA., 92113 1. Joseph Estefanso Pacific Quest Management 4370 La Jolla Village Drive, Suite 400 1 San Diego, CA., 92118 619-987-7935 Mr. Estefanso has been contracting tow work with Angelo's Towing for 5 years. He has had no problems with the company. They are the best tow company he has worked with to date. Their customer service and response time is excellent. He is very satisfied with their service and has recently renewed his contract with Angelo's Towing for five years as his exclusive tow contractor. 2. Rob Will AAA (Automobile Club) 8765 Fletcher Parkway San Diego, CA., 91942 619-890-0511 Mr. Will states that Angelo's Towing is the areas largest AAA tow provider. They are prompt and dependable. He has not received any significant complaints and the amount of complaints he has received is well within AAA expectations for their volume of AAA tow calls. They are a good quality company and he believes they will do well as a National City tow contractor. 3. Commander Laszlo Waczek Coronado Police Department 700 Orange Avenue Coronado, CA., 92118 619-522-7350 Commander Waczek states that Angelo's Towing is one of the best of Coronado's three contracted tow companies. Their response time is good and he knows of no issues with their service. They have good customer service and their trucks and drivers are clean. They are very eager to please the Coronado Police Department. However, they are so eager to please that they may make commitments that they may have difficulty fulfilling. 4. Michael Hoshaw AAA (Automobile Club) 8765 Fletcher Parkway San Diego, CA., 91942 619-668-8000 Mr. Hoshaw states that Angelo's Towing is the largest AAA provider in San Diego County. They are ranked as a Tier 2 provider, almost at Tier 3 which is the highest level. Their managers are ready to fix any issues and they appear financially strong. They have the newest fleet of trucks and equipment and they readily acquire more equipment when 2 necessary. They have an excellent owner and manager. Mr. Hoshaw has a general concern that if Angelo's Towing becomes a National City tow contractor, it could negatively affect their AAA performance. However, knowing the company as he does, he believes they can satisfactorily fulfill both commitments. 5. Officer David Siegel California Highway Patrol 4902 Pacific Highway San Diego, CA. 92110 619-220-5492 Officer Siegel states Angelo's Towing is a new and upcoming tow company. They are expanding and taking over the AAA towing in the area. They have mostly new trucks and a new heavy duty truck. They have been more than compliant with the CHP. Road One Towing, 3821 Calle Fortunada, Suite A, San Diego, CA., 92123 1. Lieutenant Jose Sanchez San Diego Sheriff's Department 9621 Ridgehaven Court San Diego, CA. 92123 858-974-2089 Lieutenant Sanchez states Road One Towing is a good company which meets the needs of the Sheriff's Department. The Sheriff's Department has not had any problems with their performance. 2. Sergeant Mark Jones Chula Vista Police Department 315 4th Avenue Chula Vista, CA., 91910 619-691-5013 Sergeant Jones states the CVPD has received good service from Road One Towing. Their employees are clean cut and professional. They have a good relationship with the City. They are one of the most dependable tow contractors with their heavy tow trucks. They are usually always on time and have trucks available for calls. (The reference provided by Road One was Ed Chew who is a civilian at CVPD. I spoke to Mark Jones as he is the Traffic Sergeant and has extensive experience with CVPD's tow contractors). 3 @() 3. Officer David Siegel California Highway Patrol 4902 Pacific Highway San Diego, CA. 92110 619-220-5492 Officer Siegel states Road One Towing is a large company with good service. They have all sizes of quality tow trucks and several offices throughout the San Diego area. 4. Danielle Cason Escondido Police Department 1163 North Centre City Parkway Escondido, CA., 92026 760-644-1205 Ms. Cason states Road One Towing is one of the better tow companies Escondido contracts with. They are very professional. They are prompt and have no late response issues. They have accurate paperwork, however, they are not required to collect Negligent Vehicle Impound Release (NVIR) fees for Escondido Police Department. The only issue she is aware of, and it only happens rarely, is that their dispatch center can become over loaded with calls and they do not answer the phone quickly. 5. Christine McMillan La Mesa Police Department 8181 Allison Avenue La Mesa, CA., 91941 619-667-1408 Ms. McMillan is the tow laison and states there have been no complaints against Road One Towing for the past three years. They are a good company and they are pleasant to do business with. They are one of five companies in La Mesa's tow rotation. Tom Moynahan Towing and Storage, 3200 National City Blvd., National City, CA.., 91950 1. Officer David Siegel California Highway Patrol 4902 Pacific Highway San Diego, CA. 92110 619-220-5492 4 Officer Siegel states Moynahan's Towing is a good company. They meet the needs of the CHP. There have been no complaints about Moynahan's Towing. They have been in the CHP tow rotation for over 30 years. 2. Lieutenant Jose Sanchez San Diego Sheriff's Department 9621 Ridgehaven Court San Diego, CA. 92123 858-974-2089 Lieutenant Sanchez states he had a lot of experience with Moynahan's Towing while he was the Traffic Sergeant in Imperial Beach. There were no issues with their service. Their customer service and everything else was fine. Now as the Traffic Lieutenant, he has checked with others on the Sheriff's Department and everyone he spoke to was satisfied with Moynahan's Towing; they are a good company with no issues. (Moynahan's Towing provided the name of Lt. Michael Cea, who is the former Traffic Lieutenant for the SDSO, he has been replaced by Lt. Sanchez). 3. Officer Crossman US Customs and Border Protection San Ysidro Port of Entry San Diego, CA. 619-662-7240 Despite numerous attempts, I have been unable to contact Officer Crossman. 4. Bill Cummings Ron Baker Chevrolet 2401 National City Blvd. National City, CA., 91950 619-477-2163 Mr. Cummings states Ron Baker Chevrolet has used only Moynahan's Towing for the last 4-5 years due to their high level of service. He is very satisfied with their prompt service. They are never late, there are no problems and there have been no complaints by either staff or customers. Ron Baker Chevrolet has had very good luck with Moynahan's Towing. 5. Glenn Loader Glenn's Body Shop 2800 National City Blvd., B National City, CA., 91950 5 619-477-2639 Mr. Loader states he has used only Moynahan's Towing for the last 12 years due to their excellent service. He is very satisfied with them and there have been no problems or complaints. Moynahan's Towing is very fair and does double tows for Mr. Loader and only charges him for one tow. Mr. Loader states customers can have their vehicles towed to Moynahan's Towing storage yard after hours, then Moynahan's will tow the vehicle to his shop the next day without charging for a second tow and does not charge a storage fee. Moynahan's Towing also towed for free all of Mr. Loader's vehicles that were in for service when Mr. Loader had to move the location of his business. Mr. Loader states Tim Moynahan is a good guy who provides high quality service. Dan Fabinski 6 2.50 33.00 L 3 i0 ' 0.00 QQ 3.00 12.50 WB-40 Tractor Width Trailer Width Troctor Track Troller lroek L 0 feet 0.00 8.00 8.00 B.00 25.50 Lock to Lack Time Steering Angle M ticulating Angle 20.3 70.0 We 40 •.r91110 200e lall INIENGINEERING DOKKEN PLAZA Bled EXISTING CONDITION STARDUST INN TRUCK TURN TEMPLATE m:c aas.oe. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 16, 2011 AGENDA ITEM NO. 20 JI TITLE: Proposition "D" Independent Committee PREPARED BY: Leslie Deese, Asst. City Manager DEPARTMENT: City Manager PHONE: 336-4240 EXPLANATION: See attached Staff Report APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Pursuant to Ordinance #2006-2278 it is appropriate at this time to appoint members to form the Independent Committee in order to meet the statutory deadline. BOARD / COMMISSION RECOMMENDATION: N/A "--ACHMENTS: _ __..f Report PROPOSITION "D" INDEPENDENT COMMITTEE At the June 21, 2011 City Council meeting, the Council considered the attached report on the Proposition "D" Independent Committee. The Council approved staff to contact other entities to seek qualified candidates to be reviewed by the Mayor and Vice Mayor who will recommend a slate of candidates to the City Council for appointment. Pursuant to Ordinance No. 2006-2278, Proposition "D" became effective October 1, 2006. Every fifth year is October 1, 2010 — September 30, 2011. Given that the end of the fifth year is rapidly approaching, it is appropriate at this time to appoint members to form the committee in order to meet the statutory deadline. Background: Proposition "D" was passed by 59% of National City voters on June 6, 2006. The measure increased the local sales tax one percent from 7.75% to 8.75% for a period of up to ten years. Passage of Proposition "D" allowed for the restoration of City services to the community for the duration of this period while replacement and/or additional revenue streams are identified and. implemented. Proposition "D" provides that every five years, the Mayor, with the approval of the City Council, shall appoint an independent committee comprised of three experts in financial matters who will report their recommendation to the Mayor and City Council as to whether the transaction and use tax should remain in effect at the rate of one percent, or whether the City Council should reduce the rate of tax or terminate the imposition of the tax. The Independent Committee will advise of its staffing needs, financial data and other informational needs so that they can perform their tasked duties. Anticipating these needs, City staff will assemble documentation that will be provided to the committee members once they have convened. The documentation will include historical and current data, preliminary reports and statistics pertaining to: • City Finances • Public Safety • Library • Cost-cutting & Reform • Development & Revenue At the February 5, 2011 Planning & Budget Workshop, the City Council considered a draft report (attached) that was submitted in advance of convening the Proposition "D" Independent Committee. The following excerpt from the report clarifies the wording contained in the ordinance. "Every five years..." Proposition "D" became effective October 1, 2006. Every fifth year is October 1, 2010 — September 30, 2011 "...the mayor, with approval of the city council..." This is the statutory procedure for making appointments in general law cities. The independent committee is subject to the Brown Act. "...shall appoint an independent committee..." "independent committee" — no councilmembers, board or commission members, or staff may be on the committee. "...three experts in financial matters..." The type of expertise will be determined by the Mayor and City Council. "...who will report their recommendation to the mayor and city council..." The committee's report will be presented at a public meeting. The recommendation to the Mayor and City Council is not binding. "...as to whether the transactions and use tax should remain in effect, or whether the city council should reduce the rate of tax or terminate the imposition of the tax..." The Mayor and City Council have three options: 1) Tax to continue at one percent; or 2) Reduce the rate of the tax; or 3) Terminate the tax. ATTACHMENT June 21, 2011 City Council Staff Report CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2011 AGENDA ITEM NO. 28 M TITLE: —port — Proposition "D" Independent Committee PREPARED BY:. Leslie Deese, Asst. City Manager PHONE: 336-4240 EXPLANATION: See attached Staff Report DEPARTMENT: City", Manager APPROVED BY• c )u FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: • Mayor & City Council — Initiate Prop. D Independent Committee selection process to meet the statutory deadline; • Review and approve staff preliminary report to Committee; • Direct City Manager's Office and City Attorney to work with Committee as needed. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: °*off Report (, mal City Ordinance No. 2006-2278 (Attachment 1) urarr Report/Executive Summary from 2/5/11 Planning & Budget Workshop (Attachment 2) STAFF REPORT: PROPOSITION "D" INDEPENDENT COMMITTEE Faced with a widening gap between revenues and the costs of running the City (a "structural deficit"), which forced a reduction in City programs and services, the City Council twice voted unanimously to place sales tax measures before the voters. • Proposition "B" One Cent Sales Tax Failed - November 8, 2005 • Proposition "D" One Cent Sales Tax Passed - June 6, 2006 • Proposition "M" Override One Cent Tax Failed — November 4, 2008 Proposition "D" was passed by 59% of National City voters on June 6, 2006. The measure increased the local sales tax one percent from 7.75% to 8.75% for a period of up to ten years. On April 1, 2009, the State sales tax rate increased by 1%, resulting in a rate of 9.75%. Sales Tax Allocation 7% - State of California; .75% - County of San Diego; 2% - National City Passage of Proposition "D" allowed for the restoration of City services to the community for the duration of this period while replacement and/or additional revenue streams are identified and implemented. Pursuant to Ordinance No. 2006-2278 (Attachment 1), Proposition "D" provides that every five years, the Mayor, with the approval of the City Council, shall appoint an independent committee comprised of three experts in financial matters who will report their recommendation to the Mayor and City Council as to whether the transaction and use tax should remain in effect at the rate of one percent, or whether the City Council should reduce the rate of tax or terminate the imposition of the tax. Proposition "D" became effective October 1, 2006. Every fifth year is October 1, 2010 — September 30, 2011. Given that the end of the fifth year is approaching, it would be appropriate at this time to begin the appointment process to form the committee. The Independent Committee will advise of its staffing needs, financial data and other informational needs so that they can perform their tasked duties. Anticipating these needs, City staff will assemble documentation that will be provided to the committee members once they have convened. The documentation will include historical and current data, preliminary reports and statistics pertaining to: tiA-) teci- • City Finances • Public Safety • Library • Cost-cutting & Reform • Development & Revenue At the February 5, 2011 Planning & Budget Workshop, the City Council considered a draft report (Attachment 2) that was submitted in advance of convening the Proposition "D" Independent Committee. The following excerpt from the report clarifies the wording contained in the ordinance. "Every five years..." Proposition "D" became effective October 1, 2006. Every fifth year is October 1, 2010 — September 30, 2011 "...the mayor, with approval of the city council..." This is the statutory procedure for making appointments in general law cities. The independent committee is subject to the Brown Act. "...shall appoint an independent committee..." "independent committee" — no councilmembers, board or commission members, or staff may be on the committee. "...three experts in financial matters..." The type of expertise will be determined by the Mayor and City Council. "...who will report their recommendation to the mayor and city council..." The committee's report will be presented at a public meeting. The recommendation to the Mayor and City Council is not binding. "...as to whether the transactions and use tax should remain in effect, or whether the city council should reduce the rate of tax or terminate the imposition of the .tax..." The Mayor and City Council have three options: 1) Tax to continue at one percent; or 2) Reduce the rate of the tax; or 3) Terminate the tax. Staff Recommendations: • Mayor & City Council — Initiate Proposition "D" Independent Committee selection process to meet the statutory deadline; • Review and approve staff preliminary report to Committee; • Direct City Manager's Office and City Attorney to work with Committee as needed. ATTACHMENTS 3 ATTACHMENT ii 1 ORDINANCE NO. 2006 — 2278 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 4.60 TO THE NATIONAL CITY MUNICIPAL CODE TO IMPOSE A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION BE IT ORDAINED by the People of the City of National City as follows: Section 1. That Title 4 of the National City Municipal Code is hereby amended by adding 'Chapter 4.60 to read as follows: Chapter 4.60 TRANSACTIONS AND USE TAX Sections; 4.60.010 Title 4.60.020 Definitions 4.60.030 Operative date 4.60.040 Purpose 4.60.050 Contract with State Board of Equalization 4.60.060 Transactions tax rate 4.60.070 Place of sale 4.60.080 Use tax rate 4.60.090 Adoption of provisions of state law 4.60.100 Limitations on adoption of State law and collection of use taxes 4.60.110 Permit not required 4.60.120 Exclusion; exemptions 4.60.130 Permissible uses 4.60.140 Amendments 4.60.150 Enjoining collection forbidden 4.60.160 Severability 4.60.170 Expiration 4.60.180 Independent committee 4.60.010 Title. This chapter shall be known as the "City of National City Transactions and Use Tax Ordinance". This ordinance shall be applicable in the Incorporated territory of the City. 4.60.020 Definitions. As used in this, chapter, "City" means the City of National City and "tax" means the transactions and use taxes, sometimes also referred to as "sales tax", imposed under the provisions of this 'ordinance; "tax revenue" ' and "tax revenues" mean all proceeds of the tax received bythe City from the State Board of Equalization. 4.60.030 Operative date. "Operative date" means the first day that the tax is imposed and collected. The operative date shall be October 1, 2006, unless a later operative date becomes effective under the provisions of Section 4.60.050. 4.60.040 Purpose. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority vote of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California Insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code. C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes. D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance. 4.60.050 Contract with State Board of Equalization. Prior to the operative date, the City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract. 4.60.060 Transactions tax rate. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 1% (one percent) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance. 4.60.070 Place of sale. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization. 4.60.080 Use tax rate. An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 1% (one percent) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery Is made. 4.60.090 Adoption of provisions of state law. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of thisordinance as though fully set forth herein. 4.60.100 Limitations on adoption of state law and collection of use taxes. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code: A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when: 1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of Califomia; 2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this Ordinance. 3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to: a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code. 4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code. B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203. 4.60.110 Permit not required. if a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance. 4.60.120 Exclusion: exemptions. A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley- Burns Uniform Local Sales and Use Tax Law or the amount of any state -administered transactions or use tax. B. There are exempted from the computation of the amount of transactions tax the gross receipts from: 1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government. 2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied: a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out -of -City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out -of -City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address. 3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. A lease of tangible personal property which Is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance. 5. For the purposesof subparagraphs 3 and 4 of this subsection B, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property: 1. The gross receipts from the sale of which have been subject to a transactions tax under any state -administered transactions and use tax ordinance. 2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State; the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California. 3. If the purchaser is obligated to purchase the property fora fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance. 5. For the purposes of subparagraphs 3 and 4 of this subsection C, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. 6. Except as provided in subparagraph 7 of this subsection C, a retailer engaged in business In the :City shall not be required to collect use tax from the purchaser of tangible personal property, unless 'the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer. 7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with. Section 21411. of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address In the City. D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the.' person of the property the storage, use or other consumption of which is subject to the use tax. 4.60.130 Permissible uses. The revenues of the tax shall be deposited in the City's general fund and may be used for any legal municipal purpose. 4.60.140 Amendments. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part .1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate soas to affect the rate of tax imposed by this ordinance. 4.60.150 Enloinino collection forbidden. No injunction or writ of mandate or other legal or equitable process shall Issue in any sult, action or proceeding In anycourt against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. 4.60.160 Severability. If any provision of this ordinance or the application thereof to .any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. 4.60.170 Expiration. The authority to levy the tax imposed by this Chapter shall expire ten (10) years from the Operative Date, unless the City Council prior to that date determines that the levy and collection of the tax is no longer necessary, in which case the City Council has the authority to reduce the rate of tax, or to terminate the imposition of the tax. The City shall immediately notify the State Board of Equalization in writing In the event that the tax is reduced or terminated. The operative date of such rate reduction or termination shall be the first (1st) day of the first (15t) calendar quarter commencing more than one hundred and ten (110) days after the Board of Equalization receives such notice of termination. 4.60.180 Independent committee. Every five (5) years the Mayor, with approval of the City Council, shall appoint an independent committee comprised of three (3) experts in financial matters, who will report their recommendations to the Mayor and City Council as to whether the transaction and use tax should remain in effect at the rate of one percent (1%), or whether the City Council should reduce the rate of tax or terminate the imposition of the tax pursuant to Section 4.60.170. Section 2. This ordinance, following its adoption by at least 4 affirmative votes of the City Council and its publication, shall become effective upon the approval of the tax imposed hereunder by a majority of the voters of the City voting thereon at an election called for that purpose. The "operative date" of the tax imposed hereunder shall be as provided in Section 4.60.030. PASSED and ADOPTED this 7th day of February, 2006. Nick'Inzunza, Mayor ATTEST: Mic aei R. • alla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on February 7, 2006, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California 4 City CI..rk of the City oblational City, Califomia By: Deputy I HEREBY CERTIFY that the, foregoing ordinance was adopted on February 7, 2006, under the provisions of Section 36937 of the Califomia Govemment Code. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not Tess than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 2006-2278 of the City Council of the City of National City, passed and adopted by the Council of said City on February 7, 2006. City Clerk of the City of National City, Califomia By: Deputy %0 ATTACHMENT # 2 Executive Summary: Proposition "D" Transaction and Use Tax This draft report is submitted in advance of convening the Proposition "D" Independent Committee pursuant to Ordinance No. 2006-2278. Proposition "D" was passed by 59% of voters on June 6, 2006. The measure increased the local sales tax one percent from 7.75% to 8.75% for a period of up to ten years. Passage of Proposition "D" allowed for therestoration of City services to the community for the duration of this period while replacement and/or additional revenue streams are identified and implemented. • Does not apply to medicine, non -prepared food (groceries), rent, mortgage, or utilities. Does not apply to cars, planes, motorcycles and boats unless you are a National City resident (per State law) Why is National City Struggling Financially? As the City prepared its annual budget for fiscal year 2004-2005, a $4 million structural deficit in the General Fund was projected. The General Fund pays for basic City services, such as police, fire, parks, library, code enforcement, graffiti control, and planning, among other things. It is key to note that other City funds such as Street, Sewer and Transportation were fiscally solid; however, such funds are "dedicated" funds and not available for General Fund purposes. Likewise, for the same reason, Community Development Commission funds cannot be used for such purposes. Over a two-year period, financial information was shared openly and consistently with residents and the business community. A significant portion of the deficit was due to circumstances beyond the control of the City. The State of California was in the midst of a fiscal crisis, which resulted in increased take- aways from local governments. National City lost over $2 million in FY 2005-06 alone. Also, during this same period, CaIPERS, through which the City provides retirement benefits to Police, Fire and other employees, also watched their investments plummet and in turn, increased agency assessments. During this time, National City was hit with a $5 million increase in our CaIPERS rates. The City Council chose to pay the rates in full, as opposed to other agencies that chose alternate methods of financing their increased rates. We were also contractually obligated to honor a 2002 negotiated enhanced employee benefits contract from 2002 with CaIPERS and three employee unions. National City has unique financial constraints. The City is small in area with just 8.5 square miles and is almost completely built out, so new development can't substantially boost revenues. The City's industrial waterfront and its associated revenues are under the jurisdiction of the San Diego Unified Port District, with little benefit to the General Fund. National City levies no utility user tax and property turnover is the second slowest in the county, so property tax revenues are relatively stagnant. Page 1 I 6/8/2011 The 2005-2006 budget was $6.7 million out of balance before the City closed the gap with reserves and other one-time revenue sources. The majority of that imbalance was again due to state take-aways and pension obligations. As a temporary measure, City services were cut by 20% across the board for a savings of $984,000 and a hiring freeze was instituted affecting 51 General Fund positions in 13 departments, including 17 police and fire personnel. Policy direction was sought to deal with the structural deficit. The challenge was to either decrease services or find a way to increase revenues. For a long-term solution, the City Council directed staff to look for the fairest way to increase revenue. The recommended solution was an increase in the sales tax as both residents and visitors to the City would share the burden, as opposed to property, parcel or utility user taxes that would only apply to residents. The sales tax would not affect prescription medicine, groceries, or rent, thereby giving some reprieve to the City's lower income population. The City Council then twice voted unanimously to place the measure on the ballot. Proposition B failed in November 2005, while Proposition D, this time with a ten-year sunset clause, passed in June 2006. Despite the passage of Proposition D, subsequent City budgets have continued to close with structural deficits ranging between $3 - $7 million. The deficits have been filled through one time funding transfers, reductions in departmental expenditures, not filling vacant positions and utilizing contingency reserves. Where is National City Today? National City is weathering the worst economic climate since the Great Depression. Negative fiscal impacts have been felt globally, nationally, regionally and locally. Car and lumber sales have significantly decreased which directly impacts National City's revenues. While the Bradley Burns Sales Tax has been steadily declining going from a high of $16.5 million in 2004 to a low of $8.7 million in 2010, the District Sales Tax has been stable and funds continue to be segregated. The $7 to $9 million projection is on target as shown below. $18,000,000 $16.5 $16,000,000 $14.9 $13.7 $14,000,000 $14.7 $11.9 $12,000, 000 $10,000,000 $8, 000, 000 $6,000,000 $4,000,000 $2, 000, 000 $0 2003 2004 --*--Sales Tax --al--District Tax $5.9 11.8 $9.1 $8.7 $8.9 $8.5 $8.1 $7.9 $8.1 2005 2006 2007 2008 2009 2010 2011 Page l2 6/8/2011 National City is in good financial condition despite the difficult times. The City continues to receive clean financial audits and its Standard & Poors rating remains at A. We continue to pursue revenue enhancements and diversity, have limited General Fund debt and bonding capacity is available for the CDC. The City Council's stated priority of Fiscal Sustainability is being achieved through cost containment, efficiency, revenue growth and diversity, building reserve levels, reviewing our retirement obligations and implementing new employee contribution programs, 10-year financial trending, conservative forecasting and completed audits as required by law with minimal findings, and assuming limited debt. Prior to the passage of Proposition D, several Council and Administrative actions were taken to assist in balancing the budget, attain fiscal sustainability, and provide for efficient and transparent government. An employee -driven committee was established to brainstorm ideas to reduce internal costs. The Cost Reduction and Revenue Efficiency (C.A.R.E.) Committee publishes quarterly newsletters to encourage voluntary participation in such endeavors. The C.A.R.E. Committee also solicited cost saving ideas from all City employees which resulted in approximately 900 suggestions, many of which have been implemented or are under review. The Purchasing Review and Position Review Committees were established to affirm fiscal responsibility in purchasing and hiring practices. In 2006, the City Council directed that the previously independent redevelopment agency be under the City Manager. The merger resulted in the elimination of redundant managerial positions, which along with the flatting of executive and management positions from City departments, has resulted in additional savings. The City of National City continues to make significant strides. In an effort to maximize the cost savings for the City and minimize the impact to the community, the City has improved efficiency and taken new and innovative steps to cut costs, increase and implement new programs, and actively seek grant funding. The citizens voted on Proposition D with a focus on public safety and quality of life, and in particular the Library. At the City Manager's direction, departments were requested to provide information on what National City has done since Proposition D's passage in 2006 with an emphasis on significant accomplishments and programs, cost cutting measures and revenue enhancements. This information is provided as backup and a sampling of these efforts follows. Significant Accomplishments: Public Safety The City Council's commitment to public safety, despite difficult fiscal challenges, has allowed the police and fire departments to continually make significant strides in improving service to our residents. By aggressively seeking grants, new and technically advanced vehicles and equipment has greatly reduced the impact on the General Fund. Safety has continually improved since 2006 as can be seen in the accomplishments that follow. Page13 6/8/2011 A. Police Department: • Crime rate has dropped twenty-five percent since 2006 • Zero DUI traffic fatalities since 2006 • 14 months without a single homicide (2008-09) • Public Safety Cameras installed at key locations (2006) • Hiring of 5 additional police officer positions was approved by City Council (2008) • 22 vehicles added to the City's fleet totaling $619.,000 obtained through grant and asset seizure funds (since 2006) • Received $354,079 grant/asset seizure for a state -of -the art. Mobile Command Vehicle (2008) • Police Storefront opened at Plaza Bonita Mall (2009) • Homeless Outreach Prevention & Enforcement (HOPE) Grant for $95,000 (2010) B. Fire Department: • New $7.2 million award winning, state-of-the-art Fire Station • Improved emergency response times and enhanced level of medical first responders • Paramedic/Firefighters on all shifts and companies • New Aerial fire truck added to our fleet at a cost of approximately $1 million of - which $248,456 is in grant funding (2009) • Lower Sweetwater Fire Board agreed to purchase National City a new $513,880 fire engine at no cost to the City First Community Emergency Response Team (CERT) Academy — grant funded Quality of Life: The Mayor and City Council have emphasized improving the quality of life in National City by investing in the community. During the last six years, millions of dollars in grants and other alternate funding sources were secured to build and/or refurbish a variety of civic buildings including a new fire station, public library, pool, education center, marina and aquatic center; and a refurbished art center. P agel4 6/8/2011 C. Public Library The National City Public Library has implemented new programs, making it a thriving community place buzzing with activities, where residents from all walks of life can come every day to learn, use resources, or simply enjoy programs. Despite budget reductions, the Library continues to offer high quality service and best of all, at no cost to our patrons. • $19 Million award winning, state-of-the-art Public Library, funded by General Obligation Bonds, Prop 14, tax increment and public and private funds • In 2009, the National City Public Library was named one of 15 California "American Star Libraries" • In 2010, the National City Public Library was named one of 16 California "American Star Libraries" The City Council's priorities of public safety and quality of life were able to be met as a result of Proposition D revenues. Significant achievements were achieved in the delivery of critical services and programs, technology and communication as can be seen below. D. Community Services National City prides itself in providing high quality facilities, services and cost effective programs which enhance the quality of life and encourage healthy living for residents enduring difficult financial times. We strive to provide excellent customer service and planning for the City's open space and facilities, and celebrate the community's diversity through social, cultural, and civic activities for youth, adults and senior citizens. • Municipal pool renovation totaling $2 million (2007) • Paradise Creek Educational Park totaling $1,600,000 (2007) • New Skateboard park totaling $200,000 (2008) • Park facilities renovation, including little league score shacks, park restrooms, benches) totaling $1.2 million (2009) • Senior Nutrition Center construction/walk-in freezer project completed (2010) • El Toyon Multi-Use/Soccer field totaling $1 million (2011) E. Information Technology Technology is a strategic asset enabling City staff to meet the expanding needs of the City of National City and its residents. The City has made significant strides in improving Page/5 6/8/2011 communication both internally and externally. Interpretation and Translation Services are provided at City Council meetings and City workshops and press releases and official notices are routinely provided in English and Spanish. Technology, communication and branding efforts have culminated into significant accomplishments as can be seen below. • Citizen friendly revamped National City Website (2008) • Library Wireless Access to the Internet for patrons (2010) F. City Clerk/Records Management • Coordinated update and adoption of City-wide Records Retention Management Program and Records Retention Schedule. (2008) Webcasting provides live video streaming and archive of City Council and Planning Commission meetings (2009) G. Development Services Provided plan check and inspections for Plaza Bonita Mall expansion (2006) • Highland Avenue Improvement Project (Phase I) 8th Street to 16th Street (2007) • Utility Overhead Wire Undergrounding Project (2007) • Use of Rubberized Asphalt Concrete (RAC) - National City recently began utilizing RAC for its $14.5 million street resurfacing program. National City has been one of the pioneers in San Diego County for the use of RAC and continues to benefit from the long term cost savings of this product while helping the environment. (2008) • National City Boulevard Streetscape & Fountain Plaza (2008) • Bay Marina Drive Widening Project (2009) Partnership with City of Chula Vista in the temporary hiring of Chula Vista employees to serve as consultants ona number of construction projects for National City • Safe Routes to Schools Grant — Phase 2 (2010) • Adoption of Westside Specific Plan (2010) Page(6 6/8/2011 H. Redevelopment Division Received $2.1 million CIWMB grant for remediation of Marina Gateway site (2005-2007) Acquisition of Granger Music Hall and Kimball Museum (2010) Remodel of former City Library for ILW U, Art Center and San Diego Repertory Theatre (2009) Preparation for Westside Transit Oriented Development, a nationally significant affordable housing/smart growth/environmental justice project (ongoing). • Received $200,000 EPA grant for Westside Area wide Assessment (2007- 2010) • Received $130,000 EPA Brownfield Sustainability Pilot Grant for Westside Transit Oriented Development — one of five grants awarded nationally. (2010) I. Public Works Department • • Replaced aging street sweeper with state -of -the art Regenerative Air Street Sweeper which fully complies with air quality standards by decreasing emissions, capturing and replacing contaminated air created during street sweeping, and lowering the City's carbon footprint. (2009) Consolidated Civic Center vehicle fleet and Public Works fleet into a single vehicle pool resulting in overall savings in fuel and maintenance costs, extending useful life of the fleet, lowering the City's carbon footprint and making more vehicles available for City use. (2009) City Council authorized the purchase of four Hybrid vehicles to augment the City's fleet, again lowering the City's carbon footprint (2009) National City was awarded an Energy Efficiency Conservation Block Grant in the amount of $561,700 to replace a 40-year old chiller currently used for cooling the Civic Center. (2009) Comprehensive energy retrofit program to upgrade aging facilities which includes but not limited to energy -efficient lighting, boiler and chiller replacement, cooling tower, HVAC retrofit, solar thermal installation for municipal pool, building automation system and streetlight retrofit. This will lower operating costs and improve energy efficiency. Estimated savings for the first year is approximated at $116,499. (2010) Page17 6/8/2011 J. Housing & Grants Division Established a First -Time Homebuyer Assistance Program (2010) San Diego Regional Enterprise Zone area expanded within the City of National City to include 99% of all commercial businesses (2010) K. Neighborhood Services 7-day graffiti abatement and code enforcement program (2008) Graffiti Tracker Program commencement to help document and track graffiti vandalism throughout the City that will assist in prosecution efforts leading to cost recovery (2011) L. Finance Department • Consolidated the financial records of the Community Development Commission's with the City's which created workload efficiencies. (2008) • National City was awarded California Society of Municipal Finance Officers Award for Outstanding Financial Reporting (2009) • National City was awarded the California Society of Municipal Finance Officers Award for Excellence in Operating Budget (2010) M. Human Resources • An Employee Benefits Committee was formed with representatives from all three labor unions, management, finance and retirees to review the overall employee benefits package, specifically health and dental; to educate workforce on issues that impact health care rates, and involve the employees in making educated decisions on health care issues. (2008) The implementation of the Online Job Application System provides a paperless way to collect resumes, cover letters, contact details and other pertinent details from applicants in electronic form and streamline the City's hiring process. (2009) • Managed four rounds of labor negotiations. (2006-2010) Cost -Cutting and Efficiency Measures: The City of National City is engaged in continuous improvement, streamlining the organization to maximize efficiency andeffectiveness, striking a balance between controlling costs and meeting the needs of the community. Pagel8 6/8/2011 The City has been innovative in its approach to creating efficiencies and savings. Since 2006, the City has provided its employees with one-time stipends rather than salary increases. Stipends allow for no retirement or ongoing impact to the City. In 2009, the City unblended retiree health care from active employees which allowed for no increase in cost benefits for that year. Additionally, in 2010, the City implemented a 40-hour Employee Work Furlough Program which resulted in an estimated $135,441 savings in salaries and approximately $12,000 in energy savings. Consolidating and Restructuring Departments and Divisions: The merging and restructuring of departments and divisions has allowed for streamlining activities resulting in substantial cost savings by reducing the number of department directors, eliminating duplicate and inefficient activities, providing cross training to staff, where it is possible to reallocate resources where they are most needed and therefore increasing the overall efficiency of the new department. • 2006 City Council directed CDC merger under purview of City Manager • 2008 The Building and Planning Departments were merged, eliminating a department director position • 2008 The Housing & Grants Division was created to better serve the residents by addressing a variety of housing and community needs • 2008 The Neighborhood Services Division was created with no new positions added • 2009 The Purchasing Division was consolidated into the Finance Department eliminating a managerial position • 2009 The Planning & Building Department merged with the Engineering Department, eliminating a department director position • 2010 The Parking Enforcement Program moved from the Police Department to the Neighborhood Services Division with no new positions added. • 2010 The Abandoned Vehicle Abatement Program moved from the Police Department to the Neighborhood Services Division with no new positions added. Since 2008, 14 executive and management level positions have been eliminated through consolidating and restructuring: Page/9 6/8/2011 Managed Attrition: As vacancies occur through normal attrition, non -essential positions have been frozen for salary and employee benefits savings. In June, 2009, the City introduced an Employee Voluntary Separation Progrm, an innovative hybrid, to create long-term salary and employee benefits savings resulting in the separation of 24 employees. To date, a total of 70 vacancies exist City-wide; of that number, 33 positions are frozen and/or unfunded and 37 positions are vacant. Pension Reform: Employee contributions total approximately $587,000, including the increased contributions effective July, 2011. 2006 No City employee contributed to their retirement. 2009 89% of City employees now contribute to their retirement. As of today, municipal employees (MEA) and confidential employees are contributing 3% of salary. February, 2009 Elected officials began contributing to retirement; July 2011 will pick up the full employee share of 8% July, 2009 Executive & management employees began contributing to cost of retirement system; July, 2011, will pick up the full employee share of 8%. July, 2009 POA began contributing 2% to the cost of retirement March, 2010 January, 2011 Retirement formula reduced for new employees hired into sworn police safety positions - A decrease from 3% @ 50 to 3% @ 55 Council action to reduce retirement formula for new employees hired into miscellaneous employee group - A decrease from 3% @ 60 to 2% @ 60 Other cost cutting and efficiency measures the City has implemented include: A. Fire Department • Paid portion of Fire Dispatch services with enhanced Franchise Fee resulting in General Fund savings of $119,988. (2010) B. Development Services • Merging of Planning, Building and Engineering allowed for streamlining the development activities, creating a 'one -stop" permitting counter, and substantial cost savings by reducing the number of directors, eliminating duplicate and Page AO 6/8/2011 inefficient activities, providing cross training to staff where possible, and promoting cost recovery. (2009) C. Public Library • Volunteer Assistance: Time donated by volunteers to assist with library programs and shelving FY 2006-07: 2,357 hours FY 2007-08: 3,408 hours FY 2008-09: 3,238 hours FY 2009-10: 2,583 hours FY 2010-11: 1,296 hours (from July -December 2010) D. Public Works Department Staff. Reorganizations - - Street and Wastewater Supervisor positions were combined saving approximately $64,000 in salary and benefits per year (2007) - Maintenance Worker position was transferred from the Street Division to the Wastewater Division saving the General Fund approximately $63,500 in salary and benefits per year (2011) • Vendor Negotiations - - All vendors that supply automotive parts agreed to lower costs by an average of 10% (2010) All service contractors and consultants agreed to hold their costs with no increases (2010) EDCO Disposal agreed to maintain their rates for National City users at the same levels with no increases (2009) No increases in sewer rates to our residents since 2005 Lowered water usage in City parks by 25% (2009) E. Housing & Grants Division Outsourced Economic Development Programs to National City Chamber of Commerce (2009) Outsourced the Enterprise Zone Program operations to the City of San Diego (2010) Outsourced the newly established First -Time Homebuyer Assistance Program to Community Housing Works (2010) Page ,,2i 6/8/2011 Revenue Enhancement Efforts: The revenues from Proposition D temporarily fixed the fundamental problem of more money going out than coming in. It also challenges National City to become proactive in building stable and diverse revenue sources within the several years to achieve financial sustainability. The last major revenue generating developments, Plaza Bonita Mall and the Mile of Cars, occurred over 20 years ago. Efficiency, vision and innovation are necessary to reverse the current stagnation. National City continues to pursue new, and enhance existing revenue sources to recover the costs of providing programs and services. Some of the projects designed to meet these needs are: • Marina Gateway Development - A $2.4 million dollar net investment in property tax increment yielded a '$61 million dollar project, which is generating approximately $772,000 annually in redevelopment and municipal tax revenues beginning in 2010 and into the future. The project includes Pier 32 world class 241-slip marina, 170- room Sycuan Best Western Marina Gateway Hotel and Conference Center and Buster's Restaurant. • Plaza Bonita Mall - $134 million expansion which included a new Borders, AMC Theater, Target and additional stores and restaurants. • Paradise Village Senior Housing Project - 498 units were built making this project the largest residential project in National City's history A. Fire Department Contract negotiations with Lower Sweetwater Fire District resulted in the establishment of a new Equipment Fund of $532,439. (2010) • American Medical Response (AMR) franchise fee enhancement - $120,000 (2010) B. Housing & Grants Identified and reallocated $3,270,000 in CDBG and HOME program income (2009) C. Public Works Department Working with the City of San Diego and the U.S. Navy to have San Diego bill the Navy directly and return sewer capacity of 0.782 MGD (million gallons per day) back to National City at a value of $1 million. (Multi -year audit with funds received in 2010) Sewer Audit and Analysis has resulted in approximately $2 million of refunds from overcharges in sewer transportation and treatment (Multi -year audit) Page 2?- 6/8/2011 D. Finance Department • Internal Audit (1970-2007) of HUD Program income resulted in $3.3 million of recouped program income applied to City programs and facilities. (2008) • Refinanced Commercial Paper to Build America Bonds creating an immediate increase in cash flows for street related activities ($4 million) (2011) Grant Funding: The City of National City continues to aggressively seek grant funding to continue to build on our success. Grant funding has provided the City with millions of dollars to enhance public safety, disaster preparedness, technology as well as supplement equipment, vehicles, quality of life, recreation needs to improve the qualify of life for our residents, businesses and visitors to our community. Proposition D Independent Committee: LEGAL REQUIREMENTS OF PROPOSITION D Analysis of Section 4.60.180 of the National City Municipal Code (part of Prop. D) Proposition "D" provides that every five years, the Mayor, with the approval of the City Council, shall appoint an independent committee comprised of three experts in financial matters, who will report their recommendation to the. Mayor and City Council as to whether the tax shall remain in effect at the rate of one percent, or whether the City Council should reduce the rate of tax or terminate the imposition of the tax pursuant to Section 4.60.170 of this chapter. "Every five years..." Proposition D became effective October 1, 2006. Every fifth year is October 1, 2010 — September 30, 2011 "...the mayor, with approval of the city council..." This is the statutory procedure for making appointments in general law cities. The independent committee is subject to the Brown Act. "...shall appoint an independent committee..." "independent committee" — no councilmembers, board of commission members, or staff may be on the committee. Page .A3 6/8/2011 "... three experts in financial matters..." The type of expertise will be determined by the Mayor and City Council. "...who will report their recommendation to the mayor and city council..." The committee's report will be presented at a public meeting. The recommendation to the Mayor and City Council is not binding. "...as to whether the transactions and use tax should remain in effect, or whether the city council should reduce the rate of tax or terminate the imposition of the tax..." The Mayor and City Council have three options: 1) Tax to continue at one percent; or 2) Reduce the rate of the tax; or 3) Terminate the tax. Next Steps: • City Council appoint the Proposition D Independent Committee within the next six months • Independent Committee determines staffing needs, financial data and information needs Page 6/8/2011 1 CITY OF NATIONAL CITY Proposition D (This proposition will appear on the ballot in the following form.) PROP D Shall an ordinance be approved imposing a one percent transactions and use tax (a sales lax) for up to 10 years for City services, facilities and programs? This proposition requires approval by a simple majority (over 50%) of the voters. Full text of this proposition follows the arguments. CITY ATTORNEY IMPARTIAL ANALYSIS Ballot Proposition "D" proposes to raise revenue for general purposes for the City of National City by authorizing a one percent -transaction and use tax (commonly referred to as a'sales tax") within the City of National City. The one percent tax would be paid in addition to current sales taxes and would be collected at the same time and in the same manner as existing sales taxes. California Revenue and Taxation Code Section 7285.9 authorizes the City Council to levy a transaction and use tax at a rate of 0.25 percent or a multiple thereof, provided the lax is approved by a majority of the voters voting in an election on that issue. 11 approved, the tax would go into effect October 1, 2006 (the 'Operative Date'). Proposition 'D" states that the one percent sales tax is to be used "for City services, facilitiesand programs.' Because this sales tax would be'a 'general tax,' the fax would go into the City's general fund and could be used for any legal municipal purpose. The City would not be legally bound in any way to use the tax monies for any special purpose or for any particular services, facilities or programs. The authority to levy the taximposed by Proposition 'D' would expire ten years from the Operative Dale, unless the Cily Council prior to that date determines that the levy and collection of the tax is no longer necessary, in which case the' City Council has the authority to reduce the rate of tax, or terminate the imposition o1 the tax. Proposition'D' provides that every five years the Mayor, with the approval of the City Council, shall appoint an independent committee comprised of three experts in financial matters, who will report their recommendation to the Mayor and City Council as to whether the transaction and use tax should remain in effect at the rale of one percent, or whether the Cily Council should reduce the rale of tax or terminate the imposition of the tax. 09J0-1 SD 000-000 FOR REVIEW AND APPROVAL ONLY " NOT FOR PRODUCTION User. SD Job Number: 05LCD1029 Composed: 04/18/2006 12:08 Checksum: f57235c6* Page 17 SAN DIEGO Contest: 09J0 BASE STYLE: fBO9JO 1 0 2 5 ARGUMENT IN FAVOR OF PROPOSITION D Proposition "D' is to raise the sales tax to cover the City General Fund $6-7 million shortfall Every resident from senior citizens, students to infants would be affected by the outcome of this proposition • The sales tax will automatically expire in ten years • National City residents have continually stated that public safety is their number it 1 priority • 72% of the total National City General Fund budget is given to the ponce and fire department WHY YOU SHOULD VOTE "YES" ON D • If Proposition "D' does not pass the following will happen: • The City will be required to reduce their general fund budget by 20% • The Police Department and Fire Department will be required to terminate employees to reach the 20% cut • The Fire Department will not be able to adequately man the Euclid Street Fire Station • The response time by the Ponce and Fire Department will be greatly reduced • The new Pubic Library win be required to terminate employees and be forced to dose more days WHAT IS TAXED AND WHAT 1S NOT TAXED • No lax on medicine, non -prepared food (groceries), rent, mortgage, utilities or property tax • Per State Law no new tax on car, motorcycle, boat or plane sales made to consumers from outside the city, but residents pay • Car dealerships will pay taxes on all vehicle repair and parts sold NATIONAL CITY RESIDENTS WILL NOT BE REQUIRED TO COVER 100% OF SHORTFALL • Projections show that one-haff to Iwo thirds of the lax win be paid by non -National City residents who purchase merchandise in the City WHY THE SHORTFALL • The State of California keeps minions of dollars in revenue (to help balance their budget) that should be returned to the City • Larger mandatory employee pension contribution than expected ROBERT 'DUKIE`VALDERRAMA Port Commissioner ANNE CAMPBELL City Librarian 09J0-2 ADOLFO GONZALES Chief of Police ROBERT V. MEDINA President, National City Firefighters Association ROSAUE °ROSIE' ALVERADO President, National School District SD oo6-Dee FOR REVIEW AND APPROVAL ONLY - NOT FOR PRODUCTION User: SD Job Number: 05LCD1029 Composed: D4118l2006 1208 Checksums 8196b418' Page 18 SAN DIEGO Contest: 09J0 BASE srYLE: PR09J0 2 ARGUMENT AGAINST PROPOSITION D What?! Another lax increase? We've already voted down this lax once before. But the politicians wont listen. They're trying AGAIN to raise taxes, and this time we're being told that essential police and fire services may be cut! But we're ALREADY paying for public safety! In 1993 we voters approved Prop. 172, a sales lax for public safety funding. According to the Union -Tribune, National City collects about $7 75 MILLION annually in safes tax for "local public safety protection and improvement." Where's THAT money, now that we need it?? Much of this regressive tax will tall on the backs of our poorer citizens. That's unfair! It this tax passes, National City will charge the highest sates tax in the county. To avoid this tax, National City citizens will tend to buy goods outside their own city, and county consumers will tend to avoid National City as a place to shop or visit That means more closed local businesses and more lost jobs. Citizens of National City wilt pay an additional one percent on any taxable item they buy locally. But the National City car dealers' customers who five outside National City will NOT pay the higher lax, due to state law. That's unfair! Read the measure carefully. Though the tax hikers claim that the tax increase will be used for vital city services, there is NO LEGAL REQUIREMENT that the money be spent that way. None! Voters are supposed to trust National City politicians to do the right thing. And not only today's politicians, but all the city politicians for the next 10 years while the tax is being collected. Bad ideal If you think that your taxes are already too high, or even just high enough, you should vote NO on this tax increase. Reject this tax! wywiriesslax.org/PropD 09J0-3 RICHARD RIDER Chair, San Diego Tax. Fighters EDWARD TEYSSIER Chair, San Diego Libertarian Party MARIA RAQUEL D. ASTORGA Working Mother EDWARD G. LOHLEIN Small Business Owner MARTHA SANCHEZ Small Business Owner SD 0D0-000 FOR REVIEW AND APPROVAL ONLY - NOT FOR PRODUCTION User: Job Number Composed: Check sum: Page 19 SD 05LCD1029 04/18/2006 12:08 a6353412' SAN DIEGO Contest: 09J0 BASE STYLE: PROQJO . 3 ORDINANCE NO. 2006 — 2278 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 4.60 TO THE NATIONAL CITY MUNICIPAL CODE TO IMPOSE A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION BE IT ORDAINED by the People of the City of National City as follows: Section 1. That Title 4 of the National City Municipal Code is hereby amended by adding Chapter 4.60 to read as follows: Chapter 4.60 TRANSACTIONS AND USE TAX Sections: 4.60.010 Tine 4.60.020 Definitions 4.60.030 Operative date 4.60.040 Purpose 4,60.050 Contract with State Board of Equalization 4.60.060 Transactions lax rate 4.60.070 Place of sale 4.60.080 Use tax rate 4.60.090 Adoption of provisions of stale law 4.60.100 Limitations on adoption of State law and collection of use taxes 4.60.110 Permit not required 4.60.120 Exclusion; exemptions 4.60.130 Permissible uses 4.60.140 Amendments 4.60.150 Enjoining collection forbidden 4.60.160 Severabinly 4.60.170 Expiration 4.60.180 Independent committee 4.60.010 Title. This chapter shad be known as the "City of National City Transactions and Use Tax Ordinance". This ordinance shall be applicable in the incorporated territory of the City. 4.60.020, Definitions. As usedin this chapter. "City" means the City of National City and -tax" - means the transactions and use taxes, sometimes also referred to as 'sales Iax', imposed under the provisions of this ordinance; 'tax revenue and 'tax revenues' mean an proceeds of the tax received by the City Irom the Stale Board of Equalization. 4.60.030 Operative date. 'Operative date means the first day that the tax is imposed and collected. The operative dale shalt be October 1, 2006. unless a later operative date becomes effective under the provisions of Section 4.60.050. 4.60.040 Purpose. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City 10 adopt this lax ordinance which shall 09J0-4 so 00e-000 FOR REVIEW AND APPROVAL ONLY • NOT FOR PRODUCTION User. SD Job Number: OSLCD1029 Composed: 04/18/2006 12:08 Checksurn: 2e59b3bc' Page 20 SAN DIEGO Contest 09J0 BASE STYLE: P9O9J0 4 17 be operative if a majority vote of the electors voting on the measure vote to approve the imposition of the fax al an election caned for that purpose. B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to (hose of the Sales and Use Tax Law of the Stale of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code. C. To adopt a retail transactions and use lax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the SlateBoard of Equalization in a manner that adapts itself as fully as practicable to, and requires the [east possible -deviation from, the existing statutory and administrative procedures followed by the State BoardofEqualization in administering and collecting the California State Sales and Use Taxes. D. To adopt a retad transactions' and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and al the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance. 4.60.050 Contract with Stale Board of Eaualization_ Prior to the operative dale, the City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided,_thal if the City Shall not have contracted with the State Board of Equalization prior to the operative dale,- d shalt nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarterfollowing the execution of such a contract. 4.60.060 Transactions tax rale. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon ail retailers in the incorporated territory of the City at the rate of 1% (one percent)ofthe gross receipts of any retaaer from the sale of all tangible personal • properly sold at retail in said territoryyon and after the operative date of this ordinance. 4.60.070 Place of sale. For thepurposes of this ordinance, all retail sales are consummated at theplace of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent -to -an out-ot-slate destination' or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sates shall.include.delivery charges, when such charges are subject to the state salesand use taxi regardless -of the place to which delivery is made. to the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations 10 be prescribed and adopted by the State Board of Equalization. 4.60.080 Use tax rate. An excise tax is hereby imposed on the storage. use or other consumption in. the City of tangible personal property purchased from any retailer onandafter the operative date of this ordinance for storage, use or other consumption in said territory al the rate of 1% (one percent) of the sales price or the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. 4.60.090 Adoption of provisions of state law. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Oivision2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby .adoptedandmade a part of this ordinance as though Cully set forth herein. 4.60.100 Limitations on adoption of state law and collection of use taxes. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code: A. Wherever the. State of California is named or referred to as the Taxing agency, the name of this City shall be substituted therefor. However, they substitution shall not be made -when: 1. The word `State is used as a, part of the title of the State Controller, State Treasurer, Stale Board of Control, Slate•Board of Equalization, State Treasury, or the Constitution of the State of California; o9Jo-5 SD eo0-oo0 FO.R REVIEW AND APPROVAL ONLY • NOT FOR PRODUCTION User: SO - Job Number: 05LCD1029 Composed: 04/18/2006 12:08 Checksum: 071a3356* Page 21 SAN DIEGO Contest: 09J0 BASE STYLE: nog J0 5 2. The result of that substitution would require action to be takenby or against this City or any agency, officer, or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of This Ordinance. _ 3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the Stale of Calfotnia, where the result of the substitution would be to: a. Provide an' exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from. this lax while such sales, storage; use or other consumption remain subject to Fax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; • b. Impose this tax with respect to certain sales, storage, use or other consumption ol tangible personal property which would no! be subject to tax by the state under the said provision of that code. 4, In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code. B. The word "City" shalt be substituted for the word "Stale in the phrase 'retailer engaged in business in this Stale" in Section 6203 and in the dentition of -that phrase in Section 6203. 4.60.110 Permit not recuired: If a sellers permit has been issued to a retailer under Section 6067 of the :Revenue and Taxation Code, an additional Iransactcr's pent shall not be required by this ordinance. 4.60.120 Exclusion: exemptions. A. There shall be excluded frown the measure of the transactions tax and the use tax the amount ofanysales tax or use tax imposed by the State of CaElornia or by any city, city and county, or county pursuant to the Bradley -Burns Uniform Local Sales and Use Tax Law or the amount of any state -administered transactions or use lax. B. There are exempted from the computation of the amount ol transactions tax the gross receipts from: 1. Safes of tangble personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United Stales, or any foreign government. • 2. Sales of property 10 be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shlpment to a consignee al such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied: a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code; aircraft licensed in compliance with Section 21411 of the .Pubic Utilfties Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out -of -City address and by.a declaration seder penalty of perjury. signed by the buyer, stating that such address is, in Fact, his or her principal place of residence; and b. With respect to conrrnerciai vehicles, by registration to a place ofbusiness out-of-City and declaration under penally of perjury, signed by the buyer. that the vehicle NO be operated from that address. - 3. The sate of tangible personal properly if the seller is obligated 10 lurnish the property for a fixed price pursuant to a contract entered into prior to the operative dale of this ordnance. 4. A lease of tangible personal property which is a continuing sale of such property, for any period of lime for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative dale of this ordinance. 5. For the purposes of subparagraphs 3 and 4 ol this subsection hit, the sale or tease of tangible personal property shah be deemed not to be obligated pursuant to a contract or lease for any period of time tor which any party to the contract or lease has the uroonddiona! right 10 terminate the contract or lease upon notice, whether or not such right is exercised 09J0-6 SD 000-000 FOR REVIEW AND APPROVAL ONLY -.NOT FOR PRODUCTION User: SD Job Number: 05LCD1029 Composed: 04/18/2006 12.08 Checksum: 7d1eb268` Page 22 SAN blEGO Contest: 09J0 BASE STYLE FRem (; 3d C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property: 1. The gross receipts from the sale of which have been subject to a transactionstax under any state -administered transactions and use lax ordinance. 2. Other Than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United Slates, or any foreign government. This exemption is in addition Io the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Codeofthe Stale of California. 3. 0 the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4: It the possession of. or the exercise of any right or power over, the tangible personal properly arises under a lease which is a continuing, purchase of such property for any period of time tor which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance. 5. For the purposes of subparagraphs 3 and 4 of this subsection C, storage, use, or other consurnption, or possession of, or exercise of any right or power over. tangible personal property shall be deemed not to be obligated pursuant to a contract or tease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not suchrightis exercised. 6. Except as provided in subparagraph 7 ofthis subsection C. a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless theretailerships or delivers the property into the City or participates within the City in making the sale of the property. including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business olthe retailer in the City or through any representative, agent, canvasser, solicitor. subsidiary, or person in the Cityunder the authority of the retailer. • 7. - 'A retailer engaged in business in the City' shall also include any retailer of any of the following: vehicles subject to registration pursuant 10 Chapter 1- (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shalt be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City. D. Any person subject to use. fax under this ordinance may credit against that lai any transactions tax or reimbursement for transactionstax paid to a Wstrict imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and. Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject 10 the use tax. 4.60.130E Permissible uses. The revenues of the tax shall be deposited in the City's general fund and may be used for any legal municipal purpose. 4.60.140 Amendments. All amendments subsequent to the effective dale of This ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6. and Pad 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part' 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however: that no such amendment shall operate so as toaffectthe rate of tax imposed by Ihis ordinance. 4.60.150 Enjoining collection forbidden. No injunction or writ of mandate or other legal or equitable process shall issue in any soil, action or proceeding in any court against the State or the City. or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. 09J0-7 SO 040-000 FOR REVIEW AND APPROVAL ONLY NOT FOR PRODUCTION User: SD Job Number: 05LCD1029 Composed: 04/18/2006 12:08 Checksum: a8b73dca' Page 23 SAN DIEGO Contest: 09J0 BASE STYLE: PNOmJO 7 31 4.60.160 Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of theordinance and the application of such provision to other persons or circumstances shall nol be affected thereby. 4.60.170 Expiration. The authority to levy the lax imposed by this Chapter shall expire ten (10) years from the Operative Date, unless the City Council prior 10 that dale determines that the levy and collection of the tax is no longer necessary, in which case the City Council has the authority to reduce the rale of tax, or to terminate the imposition of the tax. The City shall immediately notify the Slate Board of Equalization in writing in the event that the tax is reduced or terminated. The operative date of such rale reduction ortermination shaft be the first CO calendar quarter commencing more than one hundred and ten (110) days after. the Board of Equalization receives such notice of termination. 4.60.180 .Independent committee. Every five (5) years the Mayor, with approval of the City Council, shall appoint an independent committee comprised of three (3) experts in financial matters, who will report their recommendations to the Mayor and City Council as to whether the transaction and use tax should remain in effect at the rate of one percent (1%), or whether the City Council should reduce the rate of tax or terminate the imposition -ofthe tax pursuant :to Section 4.60.170. Section 2. This ordinance, following its adoption by at least 4 affirmative votes of the City Council and jts publication, shalt become effective upon the approval of the tax imposed hereunder by a majority of the voters of the City voting thereon at an election caUbd for that purpose. The "operative dale' of the tax imposed hereunder shall be as provided in Section 4.60.030. PASSED and ADOPTED by the City Council of the City of National City, California, on February 7, 2006, by the blowing vote, to -wit: Ayes: Councilmembers: Inzunza, Morrison, Natividad, Parra. Zarate. Nays: None. Absent: None. Abstain: None. 09J0-8 SD 000-000 FOR REVIEW AND APPROVAL ONLY - NOT FOR PRODUCTION User: SD Job Number. 05LCD1029 Composed: 04(18/2006. 12:08 Checksums 3d00a5bb* Page 24 SAN DIEGO Contest: 09J0 BASE STYLE: PROQJU 8 0 ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT August 16th, 2011 AGENDA ITEM NO. 21 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $53,820.23 to the City of National City for the period of 7/13/11 through 07/19/11 PREPARED BY: I1K. Apalategui'i DEPARTMENT: Finance PHONE: 619-336-4331 APPROVED BY. EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ',Approve the reimbursement of funds to the City of National City in the amount of $53,820.23 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A TACHMENTS: warrants for the period of 7/13/11 through 07/19/11' PAYEE COMMUNITY HOUSING WORKS FEDEX IMAGING PRODUCTS KANE BALLMER & BERKMAN KEYSER MARSTON ASSOC OPPER & VARCO LLP PASSANTINO ANDERSEN PRO BUILD PRUDENTIAL OVERALL SUPPLY SWEETWATER AUTHORITY TIERRA WEST ADVISORS INC U S BANK VISTA PAINT HARRIS & ASSOCIATES INC MAYER HOFFMAN MCCANN PC Try otrp&tvoRATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #3 7/19/2011 DESCRIPTION REIMB / HOME CHDO OPERATING GRANT EXPRESS MAIL COURIER SERVICES/CDC DIGITAL CAMERA / NSD LEGAL SERVICES THROUGH 6/30/11 ECONOMIC CONSULTING SVCS/ JUNE2011 SERVICES / ED VILLAGE - TOD GRANT RESEARCH SVCS / JUNE 2011 MOP#45707. PAINTING MATERIALS/NSD MOP# 45742. LAUNDRY SERVICES / NSD WATER UTILITIES / CDC PROFESSIONAL SERVICES / JUNE 2011 CREDIT CARD EXPENSES / REDEV MOP# 68834, PAINTING SUPPLIES/NSD SERVICES 30TH ST CUL-DE-SAC 1ST BILLING ANNUAL AUDIT OF CNC OTHER DISBURSEMENTS PAID WITII CDC FUNDS SECTION 8 SECTION 8 HAPS PAYMENTS Start Date 7/13/2011 CHK NO DATE AMOUNT 242659 7/19/11 31,830.00 242660 7/19/11 23.27 242661 7/19/11 159.14 242662 7/19/11 1,350.00 242663 7/19/11 6,685.00 242664 7/19/11 2,794.50 242665 7/19/11 3,500.00 242666 7/19/11 42.86 242667 7/19/11 ' 13.87 242668 7/19/11 622.98 242669 7/19/11 3,266.25 242670 7/19/11 116.13 242671 7/19/11 286.23 242693 7/19/11 630.00 242703 7/19/11 2,500.00 A/P Total $ 53,820.23 Total disbursements paid with City's Funds $ 53,820.23 End Date 7/19/2011 9,177.77 GRAND TOTAL $ 62,998.00 STING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT August 16th, 2011 AGENDA ITEM NO. 22 ITEM TITLE: ;Authorize the reimbursement of Community Development Commission expenditures in the amount of $93,336.91 to the City of National City for the period of 7/20/11 through 07/26/11' PREPARED BY: ''K. Apalategui PHONE: 619-336-4331 DEPARTMENT: I Finance APPROVED BY: ry� EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: .,pprove the reimbursement of funds to the City of National City in the amount of $93,336.91 ENVIRONMENTAL REVIEW: N// ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: 'ccept and File. BOARD / COMMISSION RECOMMENDATION: 'N/A FACHMENTS: vvarrants for the period of 7/20/11 through 07/26/111 PAYEE CHRISTENSEN & SPATH LLP GEOSYNTEC CONSULTANTS INC HAPPY SOFTWARE INC LASER SAVER INC PORFIRIO & SOCORRO CERDA POWER PLUS PRO BUILD PRUDENTIAL OVERALL SUPPLY SAN DIEGO TROLLEY INC WEST COAST RESOLUTION GROUP CCH HARRIS & ASSOCIATES INC URBAN FUTURES 'ROLL Pay period 15 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #4 7/26/2011 Start Date 6/28/2011 DESCRIPTION LEGAL SERVICES / 1820 G AVE ENVIRONMENTAL CONSULT SVCS/ JUNE 20 HAPPY SUPPORT RENEWAL / FY 2012 MOP# 45725. INK CARTRIDGES/FINANCE REFUND OF OVERPAYMENT ON LOAN EQUIPMENT RENTAL / REDEV MOP# 45707. SUPPLIES / NSD MOP# 45742. LAUNDRY SERVICES/ NSD FLAGGING SERVICES / NSD ARE HOLDING MATTER / CDC BOOK - GOVERNMENTAL GAAP 2011 PROFESSIONAL SERVICES, JUNE, 2011 FINANCIAL ADVISORY SVCS/JUNE 2011 End Date 7/11/2011 Check Date 7/20/2011 CHK NO DATE AMOUNT 242739 7/26/11 67.50 242740 7/26/11 2,909.65 242741 7/26/11 6,347.00 242742 7/26/11 252.42 242743 7/26/11 344.53 242744 7/26/11 195.00 242745 7/26/11 43.61 242746 7/26/11 13.87 242747 7/26/11 22.05 242748 7/26/11 950.00 242759 7/26/11 136.65 242774 7/26/11 10,124.88 242806 7/26/11 562.50 A/P Total $ 21,969.66 71,367.25 Total disbursements paid with City's Funds $ 93,336.91 GRAND TOTAL $ 93,336.91 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT "liTING DATE: August 16, 2011 AGENDA ITEM NO. 23 i EM TITLE: Resolution of the Community Development Commission of the City of National City approving the Section 8 Management Assessment Program (SEMAP) for Fiscal Year ending June 30, 2011 and authorizing the submittal of the SEMAP to the U.S. Department of Housing and Urban Development. PREPARED BY: PHONE: Hermi Oliveria Housing Programs Ma ages 619-336-4259 EXPLANATION: See attached report. Community Development, Housing and Grants, DEPARTMENT: Section 8 Program APPROVED BY<--- FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: 1. ADOPT Resolution approving the Section 8 Management Assessment Program (SEMAP); and 2. AUTHORIZE the submittal of the SEMAP to the U.S. Department of Housing and Urban Development. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: Background Report 2. Resolution 3. SEMAP Report Community Development Commission Of the City of National City August 16, 2011 Background Report: On September 10, 1998, the U.S. Department of Housing and Urban Development (HUD) published its final rule for the Section 8 Management Assessment Program (SEMAP), which took effect on October 13, 1998. SEMAP provides for the objective measurement of the performance of a Public Housing Agency (PHA) in key areas of the Section 8 Tenant -based Rental Assistance Program. SEMAP enables HUD to ensure program integrity and accountability identifying PHA management capabilities and deficiencies and by improving risk assessment to effectively target monitoring and program assistance. PHAs' can use SEMAP performance analysis to assess their own program operations. The SEMAP Indicators Report provides information on families participating in the Section 8 Housing Choice Voucher Program. The report is one of the several inputs used to derive a score and rating for PHAs as it relates to SEMAP certification. The SEMAP requires a PHA who administers Section 8 Tenant -based Rental Assistance Programs to submit annually a SEMAP certification form. On July 26, 2011, the Community Development Commission of National City (CDC) submitted its SEMAP certification report to HUD. The Section 8 Rental Assistance Program has a current lease -up rate of 98%. With National City's population of 62,335, there are 1,028 low-income families that are currently receiving rental assistance through the program and 3,652 waiting to be assisted. To be eligible to the program, an applicant must either reside or work in the jurisdiction of the City of National City and be a very low-income household. In addition, applicants that are elderly, disabled, or families with dependent children are given a higher priority in the waiting list. Below is the breakdown of participants and applicants to the program as of July 1, 2011. (see next page) I RACE PARTICIPANTS APPLICANTS White 863 2693 Black/African American 63 322 American Indian / Alaska Native 5 24 Asian 92 544 Native Hawaiian / other Pacific Islander 5 69 TOTAL 1028 3652 ETHNICITY PARTICIPANTS APPLICANTS Hispanic 792 2531 Non Hispanic 236 1121 TOTAL 1028 3652 Elderly 441 930 Disabled 207 978 Families with Children 380 1744 TOTAL 1028 3652 2 SEMAP Certification Page 1 of 3 Prc Get Help Logoff / Return to Secure Systems se Re Reports 9�ie R Submission List Summary Certification Profile Comments Field Office: Hermi Oliveria (M98564) ' Housing Agency: CA116 National City PIC Main PHA Fiscal Year End: 6/30/2011 SEMAP Logoff 9DPH LOS ANGELES HUB OFFICE OMB Approval No. 2577-0215 SEMAP CERTIFICATION (Page 1) Public reporting burden for this collection of information is estimated to average 12 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.This agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number. This collection of information is required by 24 CFR sec 985.101 which requires a Public Housing Agency (PHA) administering a Section 8 tenant -based assistance program to submit an annual SEMAP Certification within 60 days after the end of its fiscal year. The information from the PHA concerns the performance of the PHA and provides assurance that there is no evidence of seriously deficient performance. HUD uses the information and other data to assess PHA management capabilities and deficiencies, and to assign an overall performance rating to the PHA. Responses are mandatory and the information collected does not lend itself to confidentiality. Check here if the PHA expends Tess than $300,000 a year in federal awards I Indicators 1 - 7 will not be rated if the PHA expends less than $300,000 a year in Federal awards and its Section 8 programs are not audited for compliance with regulations by an independent auditor. A PHA that expends less than $300,000 in Federal awards in a year must still complete the certification for these indicators. Performance Indicators 1 Selection from Waiting List (24 CFR 982.54(d)(1) and 982.204(a)) a. The HA has written policies in its administrative plan for selecting applicants from the waiting list. PHA Response ) Yes 0 No b. The PHA's quality control samples of applicants reaching the top of the waiting list and admissions show that at least 98% of the families in the samples were selected from the waiting list for admission in accordance with the PHA's policies and met the selection criteria that determined their places on the waiting list and their order of selection. PHA Response (.! Yes 0 No 2 Reasonable Rent (24 CFR 982.4, 982.54(d)(15), 982.158(f)(7) and 982.507) a. The PHA has and implements a reasonable written method to determine and document for each unit leased that the rent to owner is reasonable based on current rents for comparable unassisted units (i) at the time of initial leasing, (ii) before any increase in the rent to owner, and (iii) at the HAP contract anniversary if there is a 5 percent decrease in the published FMR in effect 60 days before the HAP contract anniversary. The PHA's method takes into consideration the location, size, type, quality, and age of the program unit and of similar https://hudapps.hud.gov/piclsemap/smpassessmentCeitification.asp 7/19/2011 SEMAP Certification Page 2 of 3 unassisted units and any amenities, housing services, maintenance or utilities provided by the owners. PHA Response Yes b. The PHA's quality control sample of tenant files for which a determination of reasonable rent was required to show that the PHA followed its written method to determine reasonable rent and documented its determination that the rent to owner is reasonable as required for (check one): PHA Response (4) At least 98% of units sampled (: ; 80 to 97% of units sampled Less than 80% of units sampled 3 Determination of Adjusted Income (24 CFR part 5, subpart F and 24 CFR 982.516) The PHA's quality control sample of tenant files show that at the time of admission and reexamination, the PHA properly obtained third party verification of adjusted income or documented why third party verification was not available; used the verified information in determining adjusted income; properly attributed allowances for expenses; and, where the family is responsible for utilities under the lease, the PHA used the appropriate utility allowances for the unit leased in determining the gross rent for (check one): PHA Response C) At least 90% of files sampled r4.) 80 to 89% of files sampled 0 Less than 80% of files sampled 4 Utility Allowance Schedule (24 CFR 982.517) - The PHA maintains an up-to-date utility schedule. The PHA reviewed utility rate data that it obtained within the last 12 months, and adjusted its utility allowance schedule if there has been a change of 10% or more in a utility rate since the last time the utility allowance schedule was revised. PHA Response C!) Yes C. No 5 HQS Quality Control (24 CFR 982.405(b)) The PHA supervisor (or other qualified person) reinspected a sample of units during the PHA fiscal year, which met the minimum sample size required by HUD (see 24 CFR 985.2), for quality control of HQS inspections. The PHA supervisor's reinspected sample was drawn from recently completed HQS inspections and represents a cross section of neighborhoods and the work of cross section of inspectors. PHA Response "4) Yes C) No 6 HQS Enforcement (24 CFR 982.404) The PHA's quality control sample of case files with failed HQS inspections shows that, for all cases sampled, any cited life -threatening HQS deficiencies were corrected within 24 hours from the inspection and, all other cited HQS deficiencies were corrected within no more than 30 calendar days from the inspection or any PHA -approved extension, or, if HQS deficiencies were not corrected within the required time frame, the PHA stopped housing assistance payments beginning no later than the first of the month following the correction period, or took prompt and vigorous action to enforce the family obligations for (check one): PHA Response a At least 98% of cases sampled f > Less than 98% of cases sampled 7 Expanding Housing Opportunities. (24 CFR 982.54(d)(5), 982.153(b)(3) and (b)(4), 982.301(a) and 983.301(b)(4) and (b)(12)) Applies only to PHAs with jurisdiction in metropolitan FMR areas https://hudapps.hud.gov/pic/semap/smpassessmentCertification.asp 7/19/2011 SEMAP Certification Page 3 of 3 Check here if not applicable [] a. The PHA has a written policy to encourage participation by owners of units outside areas of poverty or minority concentration which clearly delineates areas in its jurisdiction that the PHA considers areas of poverty or minority concentration, and which includes actions the PHA will take to encourage owner participation. PHA Response Vt) Yes 0 No b. The PHA has documentation that shows that it took actions indicated in its written policy to encourage participation by owners outside areas of poverty and minority concentration. PHA Response 0 Yes 0 No c. The PHA has prepared maps that show various areas, both within and neighboring its jurisdiction, with housing opportunities outside areas of poverty and minority concentration; the PHA has assembled information about job opportunities, schools and services in these areas; and the PHA uses the maps and related information when briefing voucher holders. PHA Response i Yes 0 No d. The PHA's information packet for certificate and voucher holders contains either a list of owners who are willing to lease, or properties available for lease, under the voucher program, or a list of other organizations that will help families find units and the list includes properties or organizations that operate outside areas of poverty or minority concentration. PHA Response 0 Yes ) No e. The PHA's information packet includes an explanation of how portability works and includes a list of neighboring PHAs with the name, address and telephone number of a portability contact person at each. PHA Response O Yes (_) No f. The PHA has analyzed whether voucher holders have experienced difficulties in finding housing outside areas of poverty or minority concentration and, where such difficulties were found, the PHA has considered whether it is appropriate to seek approval of exception payment standard amounts in any part of its jurisdiction and has sought HUD approval when necessary. PHA Response (_) Yes (_:' No Go to Comments Go to Deconcentration Addendum Page 1 of 2 Save] Reset https://hudapps.hud.gov/pic/semap/smpasscssmcntCertification.asp 7/19/2011 SEMAP Certification Page 1 of 2 ASSes$rient Profile Reports (Submission 1 Get Help Logoff / Return to Secure Systems List Summary Certification Profile Comments Field Office: 9DPH LOS ANGELES HUB OFFICE j Hermi Oiiveria i (M98564) 1 Housing Agency: CA116 National City PIC Main PHA Fiscal Year End: 6/30/2011 SEMAP Logoff SEMAP CERTIFICATION (Page 2) Performance Indicators 8 Payment Standards(24 CFR 982.503) The PHA has adopted current payment standards for the voucher program by unit size for each FMR area in the PHA jurisdiction and, if applicable, for each PHA -designated part of an FMR area, which do not exceed 110 percent of the current applicable FMR and which are not less than 90 percent of the current FMR (unless a lower percent is approved by HUD). (24 CFR 982.503) PHA Response V Yes 0 No FMR Area Name', San Diego Enter current FMRs and payment standards (PS) 0-BR FMR 1004 1-BR FMR 1149 2-BR FMR 1406 PS 922 PS 1052 PS 1277 FMR 1 of 1 3-BR FMR 1999 4-BR FMR 2470 PS 1861 PS 2244 Add] Save Delete If the PHA has jurisdiction in more than one FMR area, and/or if the PHA has established separate payment standards for a PHA -designated part of an FMR area, add similar FMR and payment standard comparisions for each FMR area and designated area. 9 Timely Annual Reexaminations(24 CFR 5.617) The PHA completes a reexamination for each participating family at least every 12 months.(24 CFR 5.617) PHA Response rI Yes 0 No 10 Correct Tenant Rent Calculations(24 CFR 982, Subpart K) The PHA correctly calculates tenant rent in the rental certificate program and the family rent to owner in the rental voucher program (24 CFR 982,Subpart K) PHA Response *Yes 0No 11 Pre -Contract HQS Inspections(24 CFR 982.305) Each newly leased unit passes HQS inspection before the beginning date of the assisted lease and HAP contract.(24 CFR 982.305) PHA Response @ Yes 0 No 12 Annual HQS Inspections(24 CFR 982.405(a)) The PHA inspects each unit under contract at least annually (24 CFR 982.405(a)) PHA Response ( Yes 0 No 13 Lease -Up The PHA executes assistance contracts on behalf of eligible families for the number of units that has been under budget for at least one year. The PHA executes assistance contracts on behalf of eligible families for the number of units that has been under budget for at least one year PHA Response *Yes 0 No 14 Family Self -Sufficiency (24 CFR 984.105 and 984.305) 14a.Family Self -Sufficiency Enrollment. The PHA has enrolled families in FSS as required. https://hudapps.hud.gov/pie/semap/smpassessmentcertificationcontd.asp 7/19/2011 SEMAP Certification Page 2 of 2 Applies only to PHAs required to administer an FSS program. Check here if not applicable a. Number of mandatory FSS slots (Count units funded under the FY 1992 FSS incentive awards and in FY 1993 and later through 10/20/1998. Exclude units funded in connection with Section 8 and Section 23 project -based contract terminations; public housing demolition, disposition and replacement; HUD multifamily property sales; prepaid or terminated mortgages under section 236 or section 221(d)(3); and Section 8 renewal funding. Subtract the number of families that successfully completed their contracts on or after 10/21/1998.) Or, Number of mandatory FSS slots under HUD -approved exception (If not applicable, leave blank) b. Number of FSS families currently enrolled c. Portability: If you are the initial PHA, enter the number of families currently enrolled in your FSS program, but who have moved under portability and whose Section 8 assistance is administered by another PHA Percent of FSS slots filled (b+c divided by a) (This is a nonenterable field. The system will calculate the percent when the user saves the page) 14b. Percent of FSS Participants with Escrow Account Balances.The PHA has made progress in supporting family self-sufficiency as measured by the percent of currently enrolled FSS families with escrow account balances.(24 CFR 984.305) Applies only to PHAs required to administer an FSS program Check here if not applicable PHA Response (DYes 0%No Portability: If you are the initial PHA, enter the number of families with FSS escrow accounts currently enrolled in your FSS program, but who have moved under portability and whose Section 8 assistance is administered by another PHA 15 Deconcentration Bonus The PHA is submitting with this certification data which show that : (1) Half or more of all Section 8 families with children assisted by the PHA in its principal operating area resided in low poverty census tracts at the end of the last PHA FY; (2) The percent of Section 8 mover families with children who moved to low poverty census tracts in the PHA's principal operating area during the last PHA FY is atleast two percentage points higher than the percent of all Section 8 families with children who resided in low poverty census tracts at the end of the last PHA FY; or (3) The percent of Section 8 mover families with children who moved to low poverty census tracts in the PHA's principal operating area over the last two PHA FY is at least two percentage points higher than the percent of all Section 8 families with children who resided in low poverty census tracts at the end of the second to last PHA FY. PHA Response CD Yes (. No Deconcentration Addendum Go to Comments Back to Pagel Save Reset https://hudapps.hud.gov/pic/semap/smpassessmentcertificationcontd.asp 7/19/2011 RESOLUTION NO. 2011 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP) FOR FISCAL YEAR ENDING JUNE 30, 2011, AND AUTHORIZING THE EXECUTIVE DIRECTOR TO SUBMIT THE ANNUAL SEMAP TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, on September 10, 1998, the U.S. Department of Housing and Urban Development ("HUD") published its final rule for the Section 8 Management Assessment Program ("SEMAP"), which took effect on October 13, 1998; and WHEREAS, SEMAP provides for the objective measurement of the performance of a Public Housing Agency ("PHA") in key areas of the Section 8 Tenant -Based Rental Assistance Program; and WHEREAS, the SEMAP requires a PHA who administers Section 8 Tenant - Based Rental Assistance Programs to submit a SEMAP certification form annually. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves the Section 8 Management Assessment Program (SEMAP). BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to submit the SEMAP certification form to the U.S. Department of Housing and Urban Development. PASSED and ADOPTED this 16Lh day of August, 2011. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia G. Silva CDC General Counsel ITEM #24 8/16/11 LETTER FROM U.S. DEPARTMENT OF TRANSPORTATION - APPRECIATION TO STEPHEN MANGANIELLO, TRAFFIC ENGINEER - PARTICIPATION IN THE WOMEN AND GIRLS ENTREPRENEURIAL TRAINING AND TECHNICAL ASSISTANCE INTERNSHIP PROGRAM (DEVELOPMENT SERVICES DEPARTMENT) ITEM #25 8/16/11 RECEIPT OF $300,000 CALTRANS COMMUNITY -BASED TRANSPORTATION PLANNING GRANT (SMART FOUNDATION SAFE, MULTI -MODEL, ACCESSIBLE ROUTES TO TRANSIT, WORK, SCHOOL, SERVICES AND RECREATION). PLANNING GRANT ONLY (DEVELOPMENT SERVICES DEPARTMENT) ITEM #26 8/16/11 INTEND TO RELEASE REQUEST FOR PROPOSAL FOR BOND CAPITAL IMPROVEMENT PROGRAM, PROGRAM MANAGER (DEVELOPMENT SERVICES DEPARTMENT) ITEM #27 8/16/11 CLOSED SESSION REPORT (CITY ATTORNEY)