Loading...
HomeMy WebLinkAbout2011 09-06 CC CDC AGENDA PKTAgenda Of The Regular Meeting — National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting — Tuesday — September 6, 2011 — 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the Lobby at the beginning of the meetings. Audio interpretacit n en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcitvca.gov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 9/6/2011 - Page 2 PRESENTATIONS 1. Update by Jess VanDeventer, National City Representative on San Diego Metropolitan Transit System Board. 2. Presentation by AT&T of $600 donation to the Council Student Representative for a laptop computer and introduction of two new Council Student Representatives. (Council initiated) PROCLAMATION 3. Proclaiming the month of September 2011 as: "NATIONAL PREPAREDNESS MONTH" INTERVIEWS/APPOINTMENTS 4. 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. 5. Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of August 16, 2011 and Special Meeting of August 24, 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 9/6/2011 - Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of the residence at 2432 Seawind Drive. (Traffic Safety Committee Item No. 2011-18) (Development Services/Engineering) **Continued from Council Meeting of August 2, 2011** 8. Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of the residence at 14 E. 3`d Street. (Traffic Safety Committee Item No. 2011-22) (Development Services/Engineering) 9. Resolution of the City Council of the City of National City authorizing the conversion of 20 feet of existing red curb "No Parking" to green curb 30-minute parking, adjacent to "La Canasta 99 Cents and More" located at 322 Highland Avenue. (Traffic Safety Committee Item No. 2011-21) (Development Services/Engineering) 10. Resolution of the City Council of the City of National City accepting the work performed by Ohno Construction, Inc. with the final amount of $626,708.25, authorizing the filing of the Notice of Completion with the County Recorder, and authorizing final payment (retention) for the National City El Toyon Soccer Field Project, Specification No. 07-01. (Funded by Parks and Recreation Capital Outlay, Sewer Services and Community Development Block Grant funds). (Development Services/Engineering) 11. Resolution of the City Council of the City of National City authorizing the City Manager to execute all Community -Based Transportation Planning (CBTP) grant documents required by Caltrans for preparation of a Comprehensive Citywide Sustainable Transportation Systems Plan to enhance mobility, access and safety, and appropriating funds for the project ($300,000 CBTP grant; $75,000 required grant match available through 2011 Tax Allocation Bond (Capital Improvement) — Gateway & Signage Improvements). (Development Services/Engineering) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 9/6/2011 - Page 4 CONSENT CALENDAR (Cont.) 12. Resolution of the City Council of the City of National City accepting a grant award from the California Department of Resources and Recovery in the amount of $15,378 to provide a beverage container recycling program and equipment as well as public education in the City of National City Elementary School District. These programs are funded by the grant award and have no impact to the General Fund. (Public Works) 13. Resolution of the City Council of the City of National City authorizing acceptance of grant award of $103,429.00 from the California Office of Traffic Safety for the Selective Traffic Enforcement Program (STEP) Grant Project to conduct Driving Under the Influence and traffic related enforcement operations and purchase of Light Detection and Ranging (LIDAR) speed detection devices, Preliminary Alcohol Screening (PAS) devices, Tight tower and generator, traffic training and miscellaneous supplies. (Police Department) 14. Resolution of the City Council of the City of National City approving a service agreement by and between the City of National City, Willis Insurance Services of California, Inc. and Paychex Benefit Technologies, Inc. dba Bene Trac for the procurement and deployment of an electronic enrollment and administrative system for group employee benefits. (Human Resources) 15. Resolution of the City Council of the City of National City establishing a new City Council Policy No. 402 pertaining to development agreements. (City Attorney) 16. Resolution of the City Council of the City of National City approving and authorizing issuance of a Written Report pertaining to a Moratorium Ordinance prohibiting new pawnbroker, secondhand, and precious metal dealing and establishments in National City. (City Attorney) **Companion Items #25 & #27** 17. Temporary Use Permit — Solid MC 2"d Annual Dance hosted by the Sweetwater Harley Davidson at 3201 Hoover Avenue on September 10, 2011 from 8:30 pm to 1:30 am with no waiver of fees. (Neighborhood Services Division) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 9/6/2011 - Page 5 CONSENT CALENDAR (Cont.) 18. Temporary Use Permit — Request from North Star Gas LTD Company to operate a temporary transfer site at 2101 Tidelands Avenue from September 20, 2011 to September 20, 2012 with no waiver of fees. (Neighborhood Services Division) 19. Temporary Use Permit — Heart Revolution Conference 2011 sponsored by Cornerstone Church of San Diego at 1914 Sweetwater Road on September 22 thru September 30, 2011 from 5 p.m. to 10 p.m. with no waiver of fees. (Neighborhood Services Division) 20. Temporary Use Permit — Foodland Market's 20th Anniversary event hosted by Dallo Enterprises at 303 Highland Avenue on September 25, 2011 from 11 a.m. to 7 p.m. with no waiver of fees. (Neighborhood Services Division) 21. Temporary Use Permit — St. Mary's Fall Festival & Fund Raiser hosted by St. Mary's on October 2, 2011 at the parish grounds located on 426 E. 7th Street from 7 a.m. to 6:30 p.m. with no waiver of fees. (Neighborhood Services Division) 22. WARRANT REGISTER #5 Warrant Register #5 for the period of 07/27/11 through 08/02/11 in the amount of $6,955,043.68. (Finance) 23. WARRANT REGISTER #6 Warrant Register #6 for the period of 08/03/11 through 08/09/11 in the amount of $1,655,600.06. (Finance) 24. WARRANT REGISTER #7 Warrant Register #7 for the period of 08/10/11 through 08/16/11 in the amount of $1,760,424.63. (Finance) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 9/6/2011 - Page 6 PUBLIC HEARING 25. Public Hearing to consider adoption of an Interim Ordinance of the City Council of the City of National City pursuant to Government Code Section 65858 as an Urgency Measure to take effect immediately, enacting a Moratorium prohibiting new pawnbroker, secondhand, and precious metal dealing and establishments in National City. (City Attorney) **Companion Items #16 & #27** ORDINANCE FOR INTRODUCTION 26. An Ordinance of the City Council of the City of National City amending Title 6 of the National City Municipal Code by amending Section 6.04.140 pertaining to Business Tax Licenses to be consistent with regulatory codes, and resulting in the streamlining of the process for Business License issuance. (City Attorney) URGENCY ORDINANCE FOR ADOPTION 27. An Interim Ordinance of the City Council of the City of National City adopted pursuant to Government Code Section 65858 as an Urgency Measure to take effect immediately, extending for 10 months and 15 days a Moratorium prohibiting new pawnbroker, secondhand, and precious metal dealing and establishments in National City. (City Attorney) **Companion Items #16 & #25** ORDINANCE FOR ADOPTION 28. 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) NON CONSENT RESOLUTIONS 29. Resolution of the City Council of the City of National City approving a Memorandum of Understanding between the San Diego Unified Port and the City of National City providing $830,000 in Port funding as a match to 2011 Tax Allocation Bonds for the National City Aquatic Center, and ratifying the Assignment by the Port and the Assumption by the City of the lease of property at Goesno Place (Port Capital Funding). (Redevelopment/Special Projects) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 9/6/2011 - Page 7 NON CONSENT RESOLUTIONS (Cont.) 30. Resolution of the City Council of the City of National City approving an Agreement by and between the City Council of the City of National City and Safdie Rabines Architects not to exceed $291,777 for architectural services related to the National City Aquatic Center. (2011 Tax Allocation Bonds). (Redevelopment/Special Projects) 31. Resolution of the City Council of the City of National City approving an Agreement by and between the City of National City and Project Professionals Corporation not to exceed $224,599 for project management services related to the construction of the National City Aquatic Center (2011 Tax Allocation Bonds). (Redevelopment/Special Projects) NEW BUSINESS 32. The City of National City Towing Committee's responses to objections raised by towing contractors, and Committee recommendation of Tom Moynahan Towing & Road One Towing as the top two ranked tow contractors based on best overall value to the City. (Police & Finance) 33. Request from California State Senator Juan Vargas on behalf of California State Controller John Chiang, to use the Martin Luther King Jr. Community Center (North Room) for a Small Business Tax Seminar on Thursday, September 15, 2011, from 8:00 am to 2:00 pm for approximately 250 attendees. Applicant is requesting a fee waiver. (Public Works) 34. City Council Review of League of California Cities 2011 Annual Conference Resolutions. (City Manager) 35. Proposition "D" Independent Committee. (City Manager) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 9/6/2011 - Page 8 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 36. Authorize the reimbursement of Community Development Commission expenditures in the amount of $$66,258.02 to the City of National City for the period of 7/27/11 through 08/02/11. (Finance) 37. Authorize the reimbursement of Community Development Commission expenditures in the amount of $26,068.40 to the City of National City for the period of 08/03/11 through 08/09/11. (Finance) 38. Authorize the reimbursement of Community Development Commission expenditures in the amount of $1,133,203.11 to the City of National City for the period of 08/10/11 through 08/16/11. (Finance) 39. Resolution of the Community Development Commission of the City of National City (CDC) approving an Agreement by and between the Community Development Commission of the City of National City and E2 ManageTech, Inc. not to exceed $98,000 for oversight and implementation of a Property Mitigation Plan for the Westside Infill Transit Oriented Development. (Low Moderate Housing Funds) (Redevelopment/Special Projects) 40. Resolution of the Community Development Commission of the City of National City (CDC) authorizing its Chairman to execute a Subordination Agreement with Miguel S. Hernandez and Alicia B. Hernandez allowing a new mortgage not -to - exceed $196,000 to be and remain a lien prior and superior to a First -Time Home Buyer assistance loan of $25,000 issued by the CDC on a single -unit property located at 1334 Tecolote Court in National City. (Administrative Services) STAFF REPORTS 41. Update on Citywide Bus Stop Inventory and Bus Shelter grant. (Development Services) 42. Closed Session Report. (City Attorney) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 9/6/2011 - Page 9 MAYOR AND CITY COUNCIL ADJOURNMENT Consideration of Meeting Date Change If it is the intent of the City Council to change the next Regular City Council Meeting from September 20, 2011 to September 27, 2011, the following actions would be in order: a) Approve a motion dispensing with the September 20, 2011 Regular Meeting b) Authorize a Notice of Continuance for the Public Hearing previously noticed for September 20, 2011 pursuant to Government Code Section 54955.1 c) Adjourn the Meeting of September 6, 2011 to an Adjourned Regular Meeting of the City Council to be held on September 27, 2011 Regular City Council and Community Development Commission Meeting — Tuesday — September 20, 2011 — 6:00 p.m. — Council Chambers — National City, California ITEM #1 916/11 UPDATE BY JESS VANDEVENTER, NATIONAL CITY REPRESENTATIVE ON SAN DIEGO METROPOLITAN TRANSIT SYSTEM BOARD. ITEM #2 9/6111 PRESENTATION BY AT&T OF $600 DONATION TO THE COUNCIL STUDENT REPRESENTATIVE FOR A LAPTOP COMPUTER AND INTRODUCTION OF TWO NEW COUNCIL STUDENT REPRESENTATIVES (COUNCIL INITIATED) ITEM 'i#3 9/6/11 is fif6niia con adthe impo nstitutional 1' events of n our,• thoug,,'� ",rfa tacksµ oit':: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2011 AGENDA ITEM NO. 4 EM TITLE: Interviews and Appointments — Various Boards & Commissions PREPARED BY: Michael R. Dalla PHONE: 619-336-4226 EXPLANATION: See attached Status Report. Summary of recommended actions at this meeting. • Art Committee • Library Board • Civil Service • CPRC DEPARTMENT: City Clerk APPROVED BY: Take action to fill expired term. Interview new applicant. Take action to fill one current vacancy. Two applicants have been interviewed: Gloria Bird and Shane Uriarte Take no action at this time. No applications have been submitted. Take no action at this time. 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: us Report, Summary of Vacancies, Applicants and Expired Terms Applications September 6, 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 Honorable Mayor and City Council Michael Dalla, City Clerk Status Report - Boards and Commissions There is currently one (1) new applicant to be interviewed. 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: Terms expire: Meets: Staffing Provided by: 5 September 30th 6 times per year 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. Two applicants have been interviewed and are eligible for appointment. 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 Exp term 0 0 1 1 4** 1 2** 1** Wayne English N x Gloria Bird Y x Shane Uriarte Y 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 Planning Commission Community & Police Relations Commission* Public Art Committee* Library Board of Trustees Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Sweetwater Authority Note: Applicants must be residents of the City of National City except for those marked by an * Name: c cf) rr} gr/Z 17 Home Address: o2 5 "{- >`r v r Tel. No. {((0. 7 7 Sh y Business Affiliation: xi 4 Title: Business Address: N, - Tel. No.: Length of Residence in National City: -75-- Aan Diego County:�s y,255 Educational Background: 2 yv % r74 r>• C o L f_ - California: 2i-5"-y,e Occupational Experience: Professional or Technical Organization Memberships: ivo,vL Civic or Community Experience, Membership, or Previous Public Service Appointments: aF rgri 5 7xt-Q s -1)Fi.1ir=rvp of +vc-Pe Experience or Special Knowledge Pertaining to Area of Interest: //,-;1 (J�iLLNi4-7 L16,/2, \/ Fe'L .:zoz_s Have you ever been convicted of a crime? No: z Yes: Date: 317 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 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: �,d�z_/-�''/� G- kIS- I( Home Address: Z? 0ST S-� �,'�• Z/ z �7 Z r �`� TeL No.: (� (� 7-6% Business Affiliation: j1' — ,/c:S (TA-Sa{i?t�( Title: Business Address: C1 � 7 Z �=- - / �Z �� . �� C4CI /�.5 �I. No.: �j lei 2�77 6Z Length of Residence in National City: 3 San Diego County: California: 2— Educational Background: (44O . S -,l oSE a/oit 6-vsr Amtscci Professional or Technical Organization Memberships: r CY-r-vu ( (tom 4eir i C Civic or Community Experience, Membership, or Previous �&) i6 9,00/-f� zf A 4-J Occupational Experience: Cw ��oc orr' � ..7712_T Public Service Appointments: 6- 0/ 19/ �t � VeoW 403 �6vcCYL A C1l� j f t' GlAi�O 9L _SO l-1i? a,J 7 ' Have you ever been convicted of a crime? No: Date: 7 -2 Signature: Yes: X g 3 tIErkJrr/ti M 74) 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 r7 C---1 rn m r— { corsj C) D 31) E� o0 _ 1evised712/02/10 �uC s t Ff� r tl C ,reed -g" Experience or Special Knowledge Pertaining to Area of Interest: /UJr_Z' K' Q '1-9,ZJ-7p-4i/rii-- 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 Safely Committee Sweetwater Authority Note: Applicants must be residents of the City of National City except for those marked by an ' Name: aRR9 L L , Got hQYY. Home Address: 1 S\ q �i f v l Tel. No.: � ` — 3 0 Business Affiliation: Re 3-i Title: Business Address: Tel. No.: Length of Residence in National City: 50 ± San Diego County: 6 t California: 6 (9 Educational Background: VE) '1-1 -f_D-Q.. F RAZ Q I t i 'PO L i -a, i - V 1f�e.G1 ct_ L CO (1 R Se S, tl2 ArNa tiI .42J'o iAze Occupational Experience: __LD krQ S S.01/.__Qt2 V lc-, Q 2 C r p (f Q/2A < 3 v� s� eJ 4. "Bo (3() f- i - btPAreFueg Professional or Technical Organization Memberships: 4t'4,Q , aL 4he. `.-_/P`1Yfl'7l eiv/ - Civic or Community Experience, Membership, or Previous Public Service Appointments: My FR.M, i-s, c - 'r-0,-� (r.s J e si e cl A I— -0z % vi s-e.t:W I fl( MI-1-1- GLA w •F rience or '2 (3 S—hQ/1 ` Mil oz P_W` 1-'v Phi I jp pe Special Knowledge Pertaining to Area of Interest: nfC' �osis-e,,,�s v ('-44, �Usrsveccn �. G©o..ch-,ed L-i+-Le-e-fvuye Pop ►vim i sy-e_ard-s, sm.; borv60--e d Li -Mc vcarvd Have you ever been convicted of a crime? No: X. Yes: Date: 6 -- c O(( Signature: iO Fo PstJyc d2uB tJ % 1 Ave NV w , s 1,,-)- e tv I hr-ie.,2-eri eti i N W0. ire 41V4ii Please feel free to provide additional information or letters of endorsement. , '�t v`c-i °�"V (,LP IeaA e etum cfoVrnpl�eferivd esm�to: , OOJ~F_t2 �i�M /vI l I\ 4e bYt &OA 1.011) S Office of the City Clerk 01 alA-4•1f5P *FeNi c i<! Lt. ational C cat, t�ity .} National u nab CA A.r9ir510 C O NF )4�'i- Thank you tor your interest in servin6the City of National City. ile�.E' {►1 qq., N �yr� CAS `� SpL v t rr7 00f� u Phii Residency requiremerSts may hot a V -e52 el+ .1-L U.,`. -j- Ct. i2--C7 I This documents is filed as a public document Revised: ry02)10 91 � AJ Q- Opp g -fv,u , r_ CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission X Community & Police Relations Commission' Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Planning Commission Public Art Committee' Traffic Safety Committee Note: Applicants must be residents of the City of National City except for those marked by an • Name: Pearl Quinones Home Address: _3009 E. 6th Street, national City, CA. Tel. No.: _619.206.9162 Business Affiliation: _Sweetwater IIHSD Title: Vice President Business Address: 1130 Fifth Avenue, Chula Vista. CA. 91911Tel. No.: 619.585.4405 Length of Residence in National City: __1/1981 San Diego County: 1981 California: 1981 Educational Background: BA —Political Science, Masters Public Administration, Educational Leadership Occupational Experience: _Education Dropout Prevention Specialist Professional or Technical Organization Memberships: _NALEO, CA. School Board Association. Borderview YMCA, CYAC, HOPE,CWEAR NHLI, CLSBA, CSEA Civic or Community Experience, Membership, or Previous Public Service Appointments: _Appointed to Congressman Bob Fitner's Education Committee, CSBA English Learners, CSBA Public Policy Committee. Experience or Special Knowledge Pertaining to Area of Interest: I assisted in the establishment and implementation of the San Diego Police Review Board in 1989; work closely with various police departments in my capacity as a Dropout Prevention Specialist and as a Sweetwater Board Trustee. Have you ever been convicted of a crime? No: X Yes: Date: __ 1/4/2011 Signature: Pearl Quinones Please feet tree 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. `1 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Planning Commission �, Community & Police Relations Commission' k . Public Art Committee' ;� library Board of Trustees Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an ,Name: JL1/f, Horne Address: (, _ __A__ltlttAV QLi Business Affiliation: IIL4 Q I r D Q�: Ss Business Address: ��}D,. ,• S�4 f\ t„ J fj. D Tel. No: 4' J 3 (,Title: _ 1@� ( 1 S i` (� `� 1 ) S O Tel. No.: 12tf JQ - LJL r" Length of Residence in National Cily: CY (1'Q' San Diego County: California: Educational Background: ir_W 1+,4y,/V1\S1-1 `-0-tAW) 161 tv AO-4E44C, it^I U.S far r S 16- Occupational Experience: V i (2--n) kt.4 4 1,_ r1 PItt✓ t _Tt II rs%¢ti4(-S Professional or Technical Organization Memberships: 9 lief Civic or Community Experience, Membership, or Previous Public Service Appointments: Experience or Specjal Knowledge Pertaining to Area of Interest: _ABYPACUS- Wrra• Have you ever been convicted of a crime? No: Date: ' \ -t\) d{l( ) Signature - PA( Yes: Please feel free to provide additional information or fetters of endorsement. Please return completed form 1o: 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 Fled as a public document Revised: October 1, 2009 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Community & Police Relations Commission* r/ Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board RECEIVED ut Y CLERK CITY OF NATIONAL E1 Note: Applicants must be residents of the City of National City except for those marked by an * F. Name: Planning Commission Public Art Committee* 2011 MAR I 0 AID Traffic Safety Committee Sweetwater Authority Home Address: 2 / % L 4V - ,dafiak, l ei " diet. Tel. No.: -67z r Business Affiliation: et' e4n.6 40e5;1,4 CO is.-e4141 Title: Business Address: /132- e (424- 8/vj. zo3- 279 Tel. No.: (611) "2 642 s- Length of Residence in National City: -S San Diego County: 2 0 California: 2- Educational Background: k cke I p; d5S0Syit.- I Sow_ Occupational Experience: E/e.c-{r,- l Eoxhxctw-/ E/�cfr%c.. l / . sydc_for— Professional or Technical Organization Memberships: Nafie tut I e ; ly CL {,, In- of Cow,. Civic or Community Experience, Membership, or Previous Public Service Appointments: ,lr, £'J-e.,1- d F d; AA/ f><o h '464 - - / c. or' cq . Experience or Special Knowledge Pertaining to Area of Interest: ?o•erd,.. s� b�.— dF Have you ever been convicted of a crime? No: _ Yes: ✓ Wfw. Date: 3 - /o _2 a // Signature: !� !✓a S n 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 Revised 12/02/10 c. 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 r/ 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: Va)cD_ , s - 9: Nth/I`27 !tome Address: b E- . A 2.1 v>f t/1) Business Affiliation: /N) L. CHO C! 7/1-70 c eoT%1? Tel. No: 0404 T'L "1 /'(. a • i ETR. Title: /tf? L ' i Dirr -?oil4 pon) Business Address: /336 3iz,Atc .0rut 1f V/sib (I . Tel. No.: Length of Residence in National City: !U (11? - San Diego County: )4 yRiCaliforrlia: Educational Background: A SS'oc(4-i A72Ca rr t ftioicwr1Jcc; kNil 0-41K -93-1 t v_9 C.iZo1.4 Pii,vJEtr t//tNJY Y(rk7 - )0O[� Occupational Experience: J4sr7A lv r+i/C-6 Amu f i�i ra ��.� , SHrP /usT4icn_ rw �fA5rr2.OcoltleD ?nu--zuslt-res :A' 1454 - I? L C1111)6-57Ai2_' ua2'si)-ors Da-OTL Professional or Technical Organization Memberships:. 11/nri-tOyrPry Clog (,(� i-tfaXca Civic or Community Experience, Membership, or Previous Public Service Appointments: Nh77 u/✓,r'? t r `7 -tr 1 S n r U fit rzr'U Joys c orrrt, n Experience or Special Knowledge Pertaining to Area of interest: A-r. A T tu-k € �n lUC1t Li>1l C_ - rvc c o(v Al2i s (.k c�1 r (L Have you ever been convicted et a crime? No: ( Yes: ___ Date: O/- .2(7/1 Signature: Please feel free 10 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 rlevised: 12102110 10 ITEM #5 9/6/11 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF AUGUST 16, 2011 AND SPECIAL MEETING OF AUGUST 24, 2011 (CITY CLERK) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption ITEM #6 9/6/11 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: September 6, 2011 AGENDA ITEM NO. 7 BEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of the residence at 2432 Seawind Drive (TSC Item No. 2011-18) PREPARED BY: Stephen Manganiello, Traffic Engineer DEPARTMENT: Develops e Ste. ices / PHONE: 619-336-4382 APPROVED BY: E EXPLANATION: This item was originally presented to City Council on August 2, 2011. Council voted to continue the item to allow staff time to revisit the site. Staff revisited the site and came to the same conclusion that both the driveway and the garage present challenges for disabled persons, and therefore, do not constitute "accessible" off-street parking spaces. Staff also invited the resident and her family to attend the September 6, 2011 City Council meeting in the event Council has further questions. The original staff explanation, staff report to the Traffic Safety Committee and recommendation to approve a blue curb handicap parking space with sign in front of the residence are 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 July 13, 2011 the Traffic Safety Committee approved the staff recommendation for installation of a blue curb handicap parking space in front of the residence at 2432 Seawind Drive. ATTACHMENTS: xplanation z. resolution 3. Staff Report to the Traffic Safety Committee (July 13, 2011) Explanation Mrs. Amanda Capuno, resident of 2432 Seawind Drive, requested a blue curb handicap parking space in front of her home. Mrs. Capuno's mother, Leonila Capuno, is disabled and has a valid Disabled Person Placard from the State of California Department of Motor Vehicles. Staff visited the site and observed that there is a driveway on the property. However, staff does not consider the driveway to be "accessible" due to the steep slope. The garage is also too narrow to serve as an accessible parking space. Currently, there are no blue curb handicap parking spaces provided nearby. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off- street space available that maybe converted into disabled parking. This condition is met. Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with sign in front of the residence at 2432 Seawind Drive. At their meeting on July 13, 2011 the Traffic Safety Committee "unanimously" approved the staff recommendation. All work will be completed City Public Works. TSC 2011-18 RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH A SIGN IN FRONT OF THE RESIDENCE LOCATED AT 2432 SEAWIND DRIVE WHEREAS, the resident of 2432 Seawind Drive has requested a blue curb handicap parking space in front of her home because one of the occupants is disabled and has a valid Disabled Person placard; and WHEREAS, after conducting an inspection, staff determined that all conditions have been met for the property to qualify for a blue curb handicap parking space; and WHEREAS, staff recommends installation of a blue curb handicap parking space with a sign in front of the residence at 2432 Seawind Drive; and WHEREAS, the Traffic Safety Committee approved staff's recommendation at its July 13, 2011 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of a blue curb handicap parking space with a sign in front of the residence at 2432 Seawind Drive. PASSED and ADOPTED this 6th day of September, 2011. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 13, 2011 ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 2432 SEAWIND DRIVE (BY A. CAPUNO) PREPARED BY: Stephen Manganiello, Engineering Division DISCUSSION: Mrs. Amanda Capuno, resident of 2432 Seawind Drive, has requested a blue curb handicap parking space in front of her home. Mrs. Capuno's mother, Leonila Capuno, is disabled and has a valid Disabled Person Placard from the State of California Department of Motor Vehicles. Staff visited the site and observed that there is a driveway on the property. However, staff does not consider the driveway to be "accessible" due to the steep slope. The garage is also too narrow to serve as an accessible parking space. Currently, there are no blue curb handicap parking spaces provided nearby. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows- 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence_ This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that maybe converted into disabled parking_ This condition is met. It shall be noted that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in handicap spaces. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with sign in front of the residence at 2432 Seawind Drive. EXHIBITS: 1. Correspondence 2. Location Map 3. Photo 4. Disabled Persons Parking Policy 2011-18 7 JoijG,zol( 0-43g Seat.Jtncl Or Nafional Ct-I4,cA cl1150 SueJecr - AOPt Accessible, parleinry Spy, Celveeurb) Deck-- Mr. Matnrjc.nit1lo: 1,01-141 lhts leA-}er I mspeckfull) t-e s-{- on access11)k, orkt s act b ecwrb for rn mod In r ►10. � y e-r �eUn PUnoi ,n-front o� ovr res! rce. Io � l ta-Ied a� 113.Z Setotnd Or, nJa-{-tonal CI+y, CA ° UgSQ_ She. is to Possession of a Valid alsQbl-e-d orlcu,, placard tssued Ecnj the, Calf ft,rnlc, Oe c,r--mertf- o Mo}-or Vektolt,s. A cv fhts lcGa� 6661 0-5 cAccoM on1 Cora ore, e'otoSeA w ti i� ihty t o s f 4' y I deg, f <cm{�on The- aJatlabt(t{-tt of parking s('�as alo kcaotna Or is vex) limt-ec( Qnd erra-fic,. Par / atom uc,(td aue,,tvim is a Gre55-01-e�e,-{ t�IoOr IS Glso ltrnt4-e 6nd WDvicer Ire.( mu ,to-Fhet� ¥o t,Jaik nS e-vc d I S%hC 2� t r1 a.cd't -Eton Cc� I bye. fD Gross nc G_ 5-font t,tltk p.ed.esfrwn t,JuI(c.wa) pn de.v y t1S I ni-trvc/410r1 C,a)d (G Pivt 00 E • 1(9fiN S4-.) . M w1 pC 6Jr "ft-.V�i,-f Slope, li S ee awl r49 mo�t'�t� cl.af.S. n ite,1 sG� ! Tor sto. Q (11ar�k boo vc,n't -ter your Go(.\ 1c6Yc410n oC- My rc. {`. / t{ 1ou haU-e_, ant, cipc§izonS anctlorumKrnst yot) ceth e6A- v- V crl(G11)-415-g‘Ia . Sihcerel`_jJ cA Ccrn0 , Narhe pwnerS (0 i -- tr s — 8 6 I Z ) ***CUSTOMER RECEIPT COPY*** EXPIRES: 06/30/2013 *** DISTBLED PERSON P L A C A R D*** PLACARD NUMBER: D039760 CAPUNO LEONTLA NELLIE RILVERIA 2432 SEAWIND DR NATIONAL CITY PIC: 1 TV: 92 DATE ISSUED: 06/29/11 MO/YR: ST DT FEES RECVD: 06/29/11 ANT DUE : NONE AMTRECVD - CASH : - CHCK : CA 91950 - CRDT CO: 37 HOO 613 27 0000000 0017 CS HOO 062911 N1 D039760 DEPARTMENT OF MOTOR VEHICLES PLACARD IDENTIFICATION CARD 'PHIS IDENTIFICATION CARD OR FACSIMILE COPY IS TO BE CARRIED BY THE PLACARD OWNER. PRESENT IT TO ANY PEACE OFFICER UPON DEMAND. IMMEDIATELY NOTIFY DMV BY PHONE OR -MAIL OF ANY CHANGE OF ADDRESS. WHEN PARKING, HANG THE PLACARD FROM THE REAR-VIEW MIRROR. REMOVE IT WHEN DRIVING. PLACARD#r: D039760 PLACARD HOLDER: CAPUNO LEONILA NELLIE EXPIRES: 06/30/2013 RILVERIA DOB: 08/09/1946 2432 SEAWIND DR ISSUED: 06/29/11 TYPE: N1 NATIONAL CITY CA 91950 PURCHASE OF FUEL (BUSINESS & PROFESSIONS CODE 13660): STATE LAW REQUIRES SERVICE STATIONS TO REFUEL A DISABLED PERSONS VEHICLE AT SELF-SERVICE RATES, EXCEPT SELF,.S:ELZVICE FACILITIES WITH ONLY ONE CASHIER. WHEN YOUR PLACARD IS PROPERLYfOSPDAYED,OU-,MAY PARK IN/ON: *DISABLED PERSON PARKING SPACES (BLUE ZONES:) *METERED ZONES WITHOUT PAYING *GREEN ZONES WITHOUT RESTRI043ION5-TQ TIM-E Li.M TS *STREETS WHERE PREFERENTIAL PARKING PRIVILF,GES ARE-.. CIVEhT ,TO`SRESIDENTS AND MERCHANTS. YOU MAY NOT PARK IN/ON: *RED 'Z,ONES *T01r3 AWAY ZONES *WHITE OR YELLOW ZONES *SPACES MARKED BY CROSSHATCH LIMES NEXT TQ DIISABLED PERSON PARKING SPACES. IT IS CONSIDERED MISUSE: *TO'33:5?bAYA P ACARD UNLESS THE DISABLED OWNER IS BEING TRANSPORTED *TO DISPLA C�; 1 7PL"A A1tID WHICH HAS BEEN CANCELLED OR REVOKED *TO LOAN YOUR PLACARD TO ANYONE, INCLUDING FAMILY MEMBERS. MISUSE IS A MISDEMEANOR (SECTION 4461VC) AND CAN RRTTT,T TN CAT1r,FT.T.AVTnr1 np 5 PURCHASE OF FUEL (Business & Professions Code 136 State lawtiouires service stations to a disable , Persons cle at self-service rates, tat servic Location Map 2432 Seawind Dr (looking south) 7 DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: I. Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more than 75-bed capacity. 3. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. Community service facilities such as senior citizens service centers, etc. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. Employment offices for major enterprises employing more than 200 persons. 7 Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9. Other places of assembly such as schools and churches. 10. Commercial and/or office building(s) with an aggregate of' more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 8 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. En establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. 9 (3) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. 7hap 10 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2011 AGENDA ITEM NO. 8 .. EM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of the residence at 14 E. 3rd Street (TSC Item No. 2011-22) PREPARED BY: Stephen Manganiello, Traffic Engineer /OIL DEPARTMENT: Develop APPROVED BY: Engl PHONE: 619-336-4382 EXPLANATION: See attached. es / • 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 install a blue curb handicap parking space with sign in front of the residence at 14 E. 3rd Street. aTTACHMENTS: Explanation 2. Resolution 3. Staff Report to the Traffic Safety Committee (August 10, 2011) Explanation Mr. Elias Olivares, resident of 14 E. 3rd Street, has requested a blue curb handicap parking space in front of his home. Mr. Olivares' son, Saul Olivares, is disabled and has a valid Disabled Person Placard from the State of California Department of Motor Vehicles. During the week an access bus provides transport for Saul to / from school. Currently the bus cannot park curbside due to lack of available parking. Staff visited the site and observed that there is a driveway on the property. However, staff does not consider the driveway to be "accessible" due to the steep slope. Currently, there are no blue curb handicap parking spaces provided nearby. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off- street space available that maybe converted into disabled parking. This condition is met. Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with sign in front of the residence at 14 E. 3rd Street. 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 2011-22 RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH A SIGN IN FRONT OF THE RESIDENCE LOCATED AT 14 EAST 3RD STREET WHEREAS, the resident of 14 East 3rd Street has requested a blue curb handicap parking space in front of her home because one of the occupants is disabled and has a valid Disabled Person placard; and WHEREAS, after conducting an inspection, staff determined that all conditions have been met for the property to qualify for a blue curb handicap parking space; and WHEREAS, staff recommends installation of a blue curb handicap parking space with a sign in front of the residence at 14 East 3rd Street; 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 approve the installation of a blue curb handicap parking space with a sign in front of the residence at 14 East 3rd Street. PASSED and ADOPTED this 6th day of September, 2011. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR AUGUST 10, 2011 I ITEINI N O. 2011-22 ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 14 E. 3RD STREET (BY E. OLIVARESI PREPARED BY: Stephen Manganiello, Engineering Division DISCUSSION: Mr. Elias Olivares, resident of 14 E 3"' Street, has requested a blue curb handicap parking space in front of his home_ Mr. Olivares' son, Saul Olivares, is disabled and has a valid Disabled Person Placard from the State of California Department of Motor Vehicles. During the week an access bus provides transport for Saul to / from school. Currently the bus cannot park curbside due to lack of available parking_ Staff visited the site and observed that there is a driveway on the property. However, staff does not consider the driveway to be "accessible" due to the steep slope. Currently, there are no blue curb handicap parking spaces provided nearby_ The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces_ The City Council Policy requirements for "Special Hardship" cases are as follows: Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans"_ This condition is met. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. I his condition is met. the residence must riot have useable oft -street parking available or an off-street space available that maybe converted into disabled parking_ This condition is met. It shall be noted that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid `disabled persons" license plates may park in handicap spaces. STAFF RECOMMENDATION: Since all three conditions of the City Councils Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with sign in front of the residence at 14 F. 3rd Street. 1 EXHIBITS: 1 _ Correspondence 2 I.ocation Map 3. Photos 4_ Disabled Persons Parking Policy 201 1-22 7 July 25, 2011 My name is Elias Olivares and 1 am the father of Saul Olivares. I would like the city to paint a blue handicap parking space in front of my house so the special bus can pick up my son everyday for school. My son is a disabled person. Elias Olivares 14 E. 3rd Street National City, Ca 91950 n �� 9z, :971 (i)z„, _Ste i2„ R ICt ;'ED EMG1Pri DEPT_ 7011 iU 28 A 11: 18 c-2)073 cry 7-- --t2c7-) 6- C11 cT 9 5 14 F. 3" Street (cooking south) �yvyT4 �*Fa`i/K+S. 14 F. 3" Street (looking south) G TYPE: N1 TV: 92 DOB: 09/ 16/ 1972 ISSUED TO 0LIVARES SAUL OSVALDO 14 E SRO ST NATIONAL CITY CA 91950 DEPARTMENT OF MOTOR VEHICLES DISABLED PERSON PLACARD IDENTIFICATION CARD/RECEIPT PLACARD NUMBER: D041834 EXPIRES: 06/30/2013 DATE ISSUED: 03/ 18/201 1 This identification card or facsimile copy is to be carried by the placard owner. Present it to any peace officer upon demand. Immediately notify DMV by mail of any change of address. When parking, hang the placard from the rear view mirror, remove it from the mirror when driving. When your placard is properly displayed, CO: 37 you may park in or on: Disabled person parking spaces (blue zones) ' Street metered zones without paying. Green zones without restrictions to time limits. Streets where preferential parking privileges are given t residents and me, -chants. You may not park in or on: " Red, Yellow, White or Tow Away Zones. ' Crosshatch marked spaces next to disabled person parking spaces. Purchase of fuel (Business & Professions Code 13660): ' State law requires service stations to refuel a disabled person's vehicle at self-service rates, except self-service facilities with only one cashier. 1t is considered misuse to: " Display a placard unless the disabled owner is being transported. ' Display a placard which has been cancelled or revoked. " Loan your placard to anyone, including family members. Misuse is a misdemeanor (section 4461VC) and can result in cancellation or revocation of the placard, loss of parking privileges, and/or fines. 065 DP P000 Rev(4/ DISABLED PERSON 7 DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at - major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motoi Vehicles_ The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities_ Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. Hospitals and convalescent homes with more than 75-bed capacity. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. Community service facilities such as senior citizens service centers, etc Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. 6 Employment offices for major enterprises employing more. than 200 persons. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. Other places of assembly such as schools and churches. 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block_ 11. Ilotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant) Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area Disabled persons parking will not be installed at locations with a full-time parking prohibition_ When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature_ The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided allof the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled packing space must be in front of the applicant's (or guardian's) place of residence. 9 (3) Subject residence must not have useable off-street parking available or off-street space available that may he converted into disabled parking. NOTE: It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. Jha.p 10 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2011 AGENDA ITEM NO. 9 ...EM TITLE: Resolution of the City Council of the City of National City authorizing the conversion of 20 feet of existing red curb "No Parking" to green curb 30-Minute parking, adjacent to "La Canasta 99 Cents and More" located at 322 Highland Avenue (TSC Item No. 2011-21) PREPARED BY: Stephen Manganiello, Traffic Engineer 4jiTI4 DEPARTMENT: Develop PHONE: 619-336-4382 APPROVED BY: Eni EXPLANATION: See attached. es / 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 convert 20 feet of existing red curb "No Parking" to green curb 30-Minute parking. ATTACHMENTS: xplanation 2. Resolution 3. Staff Report to the Traffic Safety Committee (August 10, 2011) Explanation Ms. Claudia Moreno, owner of "La Canasta 99 Cents and More" located at 322 Highland Avenue, has requested conversion of a portion of the existing red curb "No Parking" into 30-minute time restricted parking in order to create a high - turnover parking space for her customers. Staff visited the site and took field measurements. Currently the business has no adjacent street parking due to the red curb. Based on the measurements, approximately 20 feet of red curb can be converted to parking, while still providing a minimum 19-foot outside travel lane — 11 feet for thru traffic and 8 feet for parking. Installation of time restricted parking is appropriate for local businesses to encourage higher parking turnover and more efficient enforcement. In order to provide high -turnover parking for the business at 322 Highland Avenue, staff recommends converting 20 feet of existing red curb "No Parking" to green curb 30-Minute parking, restricted from 8:OOAM-6:OOPM, Monday - Saturday. 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 2011-21 RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CONVERSION OF 20 FEET OF EXISTING RED CURB "NO PARKING" TO GREEN CURB 30-MINUTE PARKING, WITH SIGNS, RESTRICTED FROM 8:00 A.M. TO 6:00 P.M., MONDAY THROUGH SATURDAY, ADJACENT TO "LA CANASTA 99 CENTS AND MORE" LOCATED AT 322 HIGHLAND AVENUE WHEREAS, the owner of "La Canasta 99 Cents and More" located at 322 Highland Avenue has requested conversion of a portion of the existing red curb "No Parking" into 30-minute time -restricted parking adjacent to the business to create higher parking turn- over for customers; and WHEREAS, after a sight inspection, staff recommends converting 20 feet of existing red curb "No Parking" adjacent to the business into green curb 30-minute parking, with signs, restricted from 8:00 a.m. to 6:00 p.m., Monday through Saturday; 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 approve the conversion of 20 feet of existing red curb "No Parking" into green curb 30-minute parking, with signs, restricted from 8:00 a.m. to 6:00 p.m., Monday through Saturday, adjacent to "La Canasta 99 Cents and More" located at 322 Highland Avenue. PASSED and ADOPTED this 6th day of September, 2011. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR AUGUST 10, 2011 I ITI M No. 2011-2' ITEM TITLE: REQUEST FOR INSTALLATION OF 30-MINUTE TIME RESTRICTED PARKING ADJACENT TO 322 HIGHLAND AVE LBY C. MORENOJ PREPARED BY: Stephen Manganiello, Engineering Division DISCUSSION: Ms. Claudia Moreno, owner of "La Canasta 99 Cents and More located at 322 Highland Avenue, has requested conversion of a portion of the existing red curb "No Parking" into 30-minute lime restricted parking in order to create a high -turnover parking space for her customers. Staff visited the site and took field measurerents Currently the business has no adjacent street parking due to the red curb Based on the measurements, approximately 20 feet of red curb can be converted to parking, while still providing a minimum 19-foot outside travel lane — 11 feet for thru traffic and 8 feet for parking. Installation of time restricted parking is appropriate for local businesses to encourage higher parking turnover and more efficient enforcement STAFF RECOMMENDATION: In order to provide high -turnover parking for the business at 322 Highland Avenue, staff recommends converting 20 feel of existing red curh No Parking" to green curh 30- Minute parking, restricted from 8.00AM 6:OOPM, Monday -Saturday. EXHIBITS: 1 Correspondence 2_ Location Map 3. Photo 2011-21 1 CITY OF NATIONAL CITY Development Services Department 1243 National City Boulevard National City, Ca 91950-4301 July 26,2011 Attn: Stephen Manganiello Traffic Engineer Engineering Division I am writing this letter to request that you partially eliminate the fire lane (red line),outside of my business And replace it whit a 30 min. green line limited parking, for my clients convenience. I am hoping this change in available parking a will help whit sales since they have been extremely low lately My store is: La Canasta .99 cents and more locate al 322 I Iighland Ave. NationalCity, Ca 91950. Thank you in advance for my petition. Sincerely C andi i Mo -eno Owner (619)606-62-51 Location Map 322 Highland Ave (La Canasta 99 Cents and More) 322 Highland Avc (looking west) a CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2011'. AGENDA ITEM NO. 10 EM TITLE: A Resolution of the City Council of the City of National City accepting the work performed by Ohno Construction, Inc. with the final amount of $626,708.25, authorizing the filing of the Notice of Completion with the County Recorder, and authorizing final payment (retention) for the National City El Toyon Soccer Field Project, Specification No. 07-01. (Funded by Parks and Recreation Capital Outlay, Sewer Service, and CDBG Funds) PREPARED BY: Kenneth Fernandez 0 PHONE: 336-4388 DEPARTMENT: Development Services/ Engineering Division EXPLANATION: APPROVED Please see attached explanation. FINANCIAL STATEMENT: APPROVED: (Finance ACCOUNT NO. APPROVED: MIS Funds were utilized from expenditure accounts 115-409-500-598-4076, 125-409-500-598-4076, and 3 1-409- 500-598-4076. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff requests and recommends the adoption of the resolution to formally close said project. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 2. Final Contract Balance 3. Notice of Completion Spec 07-01 NOC EXPLANATION Per Resolution No. 2010-189, City Council awarded a contract to Ohno Construction, Inc. in the amount of $440,642.20 and authorized an additional 25% for contingencies for the National City El Toyon Soccer Field Project, Specification No. 07-01. During the course of construction, six (6) change orders and line item increases facilitated the completion of this project as listed on the Final Contract Balance Sheet. Please refer to attached "Final Contract Balance" document for a breakdown of change orders, line items, and contracted work days. One of these contract modifications was Change Order Number Three. It was authorized via Resolution 2011-06 where City Council awarded an additional $159,161.20 of additive alternatives to the original contract. A summary of the scope of work for Change Order Number Three is shown below: A) Remove and Replace with Overlay AC a service road with 1 1/2" thick AC. B) Restore decomposed granite path with 2" minimum thickness decomposed granite and install recycled plastic redwood header. C) Install decomposed granite and concrete header adjacent to and south of soccer field. D) Relocate and paint bleachers. E) Adjust/install irrigation and sod south of soccer field. F) Clear, grub, and grade area inside dog runs and install 2" of decomposed granite. G) Install 4" high chain link fence. H) Install ADA compliant self closing/locking swing gates. I) Install 4", 2500 psi concrete pads for benches and trash cans. J) Install City provided benches and trash cans. K) Install 48" box tree, (Tipuana) A final inspection was completed and closing documentation was submitted to the City for review and eligibility of a notice of completion. Final acceptance of the project was delayed while waiting for closing documents. After receiving documents, the project was eligible for a notice of completion. The work was found to be in accordance with the approved plans and specifications. Therefore, Engineering Staff recommends the acceptance of the work, authorizing the filing of a Notice of Completion, and authorizing the release of retention for the National City El Toyon Soccer Field Project, Specification No. 07-01. RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED BY OHNO CONSTRUCTION, INC., FOR THE TOTAL FINAL CONTRACT AMOUNT OF $626,708.25, AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION, AND AUTHORIZING THE RELEASE OF THE REMAINING RETENTION IN THE AMOUNT OF $53,249.81 FOR THE NATIONAL CITY EL TOYON SOCCER FIELD PROJECT BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Division of the Development Services Department that all work required to be done by Ohno Construction, Inc., for the total final contract amount of $626,708.25, for the National City El Toyon Soccer Field Project has been completed, the City Council of National City hereby accepts said work, authorizes the file of the Notice of Completion, and orders that payment for said work be made in accordance with said contract, including release of the remaining retention in the amount of $53,249.81. PASSED and ADOPTED this 6th day of September, 2011. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor 1.;88Nivit Iry r�C,OR,kORATgD FINAL CONTRACT BALANCE DATE: September 6, 2011 PROJECT: National City El Toyon Soccer Field Project, Specification 07-01 TO: Ohno Construction, Inc. Norm Hubbard 16714 Boyle Avenue Fontana, CA 92337 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: TOTAL CONTRACT TIME: DESCRIPTION: $440,642.20 November 1, 2010 August 17, 2011(includes downtime due to multiple change orders, correctional work, clean-up, inspection, and document delays) 75 working days 45 working days 120 working days This Final Contract Balance reports final line item amounts and summarizes all change order to produce a final contract amount. Please see attached Contract Final Balance sheet. DISCUSSION: Change Orders and line item adjustments: Change Order #1: The Contractor agreed to provide a 10 foot wide area along the entire north side of the field in preparation for the installation of the synthetic turf field, including but not limited to clearing, grubbing, demolition of curbs, preparation of subgrade, installation of drainage and sub -grade and all other work and coordination required to the satisfaction of Field Turf such that it is a finished product ready for the synthetic turf installation. The total cost for this change order was $18,750.53. Change Order #2: The Contractor agreed to perform all work necessary to install a new sewer main, laterals, manholes, and connections per exhibit "B" of the Change Order. The Change Order provided for a new alignment that allowed for the installation of a new main without pumping. The contractor agreed to upgrade the sewer main from 10" PVC to 12" PVC at no additional cost to the City. All work for this Change Order was line item work and was paid pursuant to the respective line items and therefore was a zero sum change order. 1 FINAL CONTRACT BALANCE National City El Toyon Soccer Field Project Specification 07-01 Change Order #3: The Contractor agreed to construct the following Additive Bid Items in accordance with the contract documents: A) Remove and Replace with Overlay AC a service road with 1 1/2" thick AC at a cost of $13,000.00; B) Restore decomposed granite path with 2" minimum thickness decomposed granite and install recycled plastic redwood header at a cost of $27,800; C) Install decomposed granite and concrete header adjacent to and south of soccer field at a cost of $28,000.00; D) Relocate and paint bleachers at a cost of $2,200.00; E) Adjust/install irrigation and sod south of soccer field at a cost of $45,686.00; F) Clear, grub, and grade area inside dog runs and install 2" of decomposed granite at cost of $71,071.20, install 4" high chain link fence at a cost of $9,000.00, install ADA compliant self closing/locking swing gates at a cost of $1,100.00; G) Install 4", 2500 psi concrete pads for benches and trash cans at a cost of $2,500.00, install City provided benches and trash cans at a cost of $1,470.00; and H) Install 48" box tree, (Tipuana) at a cost of $11,200.00. These Additive Bid Items were paid per the line item costs bid by the contractor in the original bid documents, and the total cost for this change order was $159,117.20. Change Order #4: The Contractor agreed to install 140 lineal feet of 6" SDR 35 PVC drain pipe from the existing 60" storm drain to the new 12" PPC concrete area drain with metal grate located 10 feet from the northeast corner of the soccer field and 20 lineal feet of 6" SDR 35 PVC drain pipe from the existing area drain southeast of the soccer field to the north to the new 12" PPC concrete area drain with metal grate located 15 feet from the decomposed granite south of the soccer field. The total cost for this change order was $3,700.00. Change Order #5: The Contractor agreed to delete the quantities of work for line items, Additives A #1, 500 lineal feet; Additive B #2, 1,130 lineal feet; Additive F #1, 3,458 square feet; and repair the existing fencing around the dog runs by stretching the mesh, installing a bottom rail, and filling in the gaps; replace two #6 electrical pull boxes; remove two existing concrete pads west of the southerly bleachers; and rehabilitate all of the existing bleachers with wire wheeling the existing seating areas prior to painting and installing new synthetic wood skids and spiking into the ground. The total cost for this change order was $11,192.20. Change Order #6: The Contractor agreed to install two (2) yellow round football goal post pads to fit 6.5" diameter gooseneck. goal posts at El Toyon Sports Field. The Contractor agreed to delete one tree per line item #1, Additive Bid H at a cost savings of $1,600.00. The total cost for this change order was $824.67. Line Item Change No. The increase was 91 amount of $5,032.30. 5 was an increase in replacing existing sewer main with 10" PVC. lineal feet of replacing existing sewer main with 10" PVC in an Line Item Change No. The decrease was 30 amount of $1,578.00. 6 was a decrease in replacing existing sewer main with 8" PVC. lineal feet of replacing existing sewer main with 8" PVC in an 2 of 4 2 FINAL CONTRACT BALANCE National City El Toyon Soccer Field Project Specification 07-01 Line Item Change No. 7 was a decrease in connections to the existing sewer main. The decrease was 3 connections to the existing sewer main in an amount of $1,370.00. Line Item Change No. 8 was a decrease in replacing existing sewer lateral with 6" PVC. The decrease was 4 lineal feet of replacing existing sewer lateral with 6" PVC in an amount of $169.15. Line Item Change No. 9 was an increase in replacing existing manholes. The increase was 1 replacement of existing manhole in an amount of $9,000.00. Line Item Change No. 13 was a decrease in providing and installing soccer goals. The decrease was 1 providing of and installing a soccer goal in an amount of $5,000.00. Therefore, the construction bid price of $440,642.20 was increased by $186,066.05 due to said actual construction change orders, the actual construction of additive bids, and the net balance of line item changes resulting in a final construction cost of $626,708.25. CONTRACT ADJUSTMENT: As a result of the above change orders, additive bids, and line item changes, the contract price is adjusted as follows: 1. The final contract price to date is adjusted to $626,708.25_ 2. As a result of the satisfactory completion of said project, a retention amount of $53,249.81 is set for invoice processing and payment upon the receipt of required signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Olmo Construction, Inc. will not be entitled to damages or additional payment for delays as described in the 2010 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. 3 of 4 3 CITY OF NATIONAL CITY El Toyon Soccer Field Project Specification No. 07-01 FINAL CONTRACT BALANCE September 6. 2011 Original Contract - To Date Delta No. Item Unit Quantit Unit Price Amount Quantity Amount 1 Mobilization LS 1 62,700.00 62,700.00 1.00 62,700.00 - 2 Water Quality Control, MPDES LS 1 3,100.00 3,100.00 1.00 3,100.00 - 3 Clearing and Grubbing LS 1 19,000.00 19,000.00 1.00 19,000.00 - 4 Surveying LS 1 8,000.00 8,000.00 1.00 8,000.00 - 5 Replace existing sewer main with 10' PVC LF 489 55.30 27,041.70 580.00 32,074.00 5,032.30 6 Replace existing sewer main with 8' PVC LF 30 52.60 1,578.00 - - (1,578.00) 7 Connection to existing sewer main EA 3 1,370.00 4,110.00 2.00 2,740.00 (1,370.00) (169.15) 8 Replace existing sewer lateral with 6" PVC LF 275 42.30 11,632.50 271.00 11,463.35 9 Replace existing manholes EA 2 9,000.00 18,000.00 3.00 27,000.00 9,000.00 10 Install 6" sewer lateral cleanout EA 3 500.00 1,500.00 3.00 1,500.00 - 11 Grading and drainage LS 1 193,300.00 193,300.00 1.00 193,300.00 - 12 Install concrete curbing with anchoring system, for permleter of turf field LF 1,120 24.00 26,880.00 1,120.00 26,880.00 - 13 Provide and install soccer goals EA 2 5,000.00 10,000.00 1.00 5,000.00 (5,000.00) - 14 Provide and install football goals EA 2 12,500.00 25,000.00 2.00 25,000.00 15 Permiter Irrigation System LS 1 12,000.00 12,000.00 1.00 12,000.00 - 16 Provide field sweeper EA 1 1,300.00 1,300.00 1.00 1,300.00 - 17 Provide field groomer EA 1 6,400.00 6,400.00 1.00 6,400.00 18 Bonding LS 1 9,100.00 9,100.00 1.00 9,100.00 - Change Orders - 1 Add 10' to North Side of Field LS 1 18,730.53 18,730.53 1.00 18,730.53 - 2 Sewer (Q's shown on line items) - - - - 3A AC Overlay SF 5,000 2.60 13,000.00 4,500.00 11,700.00 (1,300.00) 3B1 DG path SF 33,800 0.55 18,590.00 32,670.00 17,968.50 (621.50) 3B2 Recycled plastic redwood header LF 1,550 6.00 9,300.00 420.00 2,520.00 (6,780.00) 3C DG and concrete header LS 1 28,000.00 28,000.00 1.00 28,000.00 - 3D Relocate and paint bleachers LS 1 2,200.00 2,200.00 1.00 2,200.00 - 3E Irrigation and Sod SF 17,240 2.65 45,686.00 17,240.00 45,686.00 - 3F1 Clear, grub, grade dog run, install DG SF 18,968 0.90 17,071.20 15,510.00 13,959.00 (3,112.20) - 3F2 install 4' high chain link fence LF 500 18.00 9,000.00 500.00 9,000.00 3F3 Install swing gate EA 4 275.00 1,100.00 4.00 1,100.00 - 3G1 Install 4", 2500 psi concrete pads SF 500 5.00 2,500.00 500.00 2,500.00 - 3G2 Install benches and trash cans EA 7 210.00 1,470.00 7.00 1,470.00 - 3H Install 48" box tree EA 7 1,600.00 11,200.00 6.00 9,600.00 (1,600.00) 4 Install drain pipe LS 1 3,700.00 3,700.00 1.00 3,700.00 5 Repair fencing, install electrical pullboxes, install concrete pads, rehibilitate bleachers etc. LS 1 11,192.20 11,192.20 1.00 11,192.20 6 Goal Post Pads LS 1 824.67 824.67 1.00 824.67 - TOTALS: 633,382.13 626,708.25 4 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: Attn: CITY CLERK 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on August 17, 2011 of The National City Soccer Field Project, Specification No. 07-01 Work of improvement or portion of work of improvement under construction or alteration. El Toyon Park, National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner -in -Fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Ohno Construction Company, Inc. Name of Original Contractor The following work and material were supplied: Laborer Groups, Installers, Trucks, Operators, Painting, Landscaping, Irrigation, Sod, Fencing, PVC piping, etc. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tenants, tenants in common, or other owners Dated: September 6, 2011; Ron Morrison, Mayor City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on September 6, 2011, at National City, California. Signature: RON MORRISON, MAYOR 5 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2011 AGENDA ITEM Na 11 ..'EM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to execute all Community -Based Transportation Planning grant documents required by Caltrans for preparation of a Comprehensive Citywide Sustainable Transportation Systems Plan to enhance mobility, access and safety, and appropriating funds for the project ($300,000 CBTP grant; $75,000 required grant match available through 2011 Tax Allocation Bond (Capital Improvement) — Gateway & Signage Improvements) PREPARED BY: Stephen Manganiello, Traffic Engineer4 4 DEPARTMENT: Development Services / PHONE: 619-336-4382 APPROVED BY: Engineering EXPLANATION: See attached. J 1I? 0-7--;/ /%1/t. C lr ✓qT 8i1.‘A,C J FINANCIAL STATEMENT: ACCOUNT NO. 296-409-500-598-6184: $300,000 (CBTP Grant) 524-409-500-598-6184: $75,000 (2011 Tax Allocation Bond (Capital Improvement) — Gateway & Signage Improvements)) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: inance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ixplanation w/ attachments (Project Schedule & Sample Grant Agreement) 2. Resolution Explanation On March 15, 2011, per Resolution 2011-65, City Council authorized the submittal of an application for a Caltrans Community -Based Transportation Planning (CBTP) Grant for preparation of a Comprehensive Citywide Sustainable Transportation Systems Plan to enhance mobility, access and safety in the amount of $300,000, and committing to a local match of $75,000, for a total project cost of $375,000. The purpose of the Plan is to enhance access and safety to encourage multi - modal transportation such as walking, bicycling, and transit, through a comprehensive Citywide evaluation of existing and proposed land uses and transportation facilities, including integration of current policies and recommendations established in the General Plan Update, recently adopted Bicycle Master Plan, and existing Specific Area Plans. On July 25, 2011, staff was notified by Caltrans that National City's project application for a Community -Based Transportation Planning (CBTP) Grant had been selected for funding in Fiscal Year 2011-12, and that a City Council Resolution stating the title of the person authorized to execute all grant documents with Caltrans was required by September 12, 2011. Grant documents requiring the City Manager's execution may include contracts, subcontracts, agreements, extensions, renewals, and/or amendments, which may be necessary to carry out and administer all obligations, responsibilities and duties under the grant program and upon receipt of a fully executed grant agreement. A preliminary project schedule and sample grant agreement is attached. In order to expedite the grant authorization process, staff is also requesting Council to appropriate funds for the project as follows: 296-409-500-598-6184: $300,000 (CBTP Grant) 524-409-500-598-6184: $75,000 (2011 Tax Allocation Bond (Capital Improvement) — Gateway & Signage Improvements)). RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A COMMUNITY -BASED TRANSPORTATION PLANNING GRANT FROM CALTRANS IN THE AMOUNT OF $300,000, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL GRANT DOCUMENTS REQUIRED BY CALTRANS FOR PREPARATION OF A COMPREHENSIVE CITYWIDE SUSTAINABLE TRANSPORTATION SYSTEM PLAN TO ENHANCE MOBILITY, ACCESS, AND SAFETY, AND APPROPRIATING MATCHING FUNDS FOR THE PROJECT IN THE AMOUNT OF $75,000 AVAILABLE THROUGH THE 2011 TAX ALLOCATION BOND WHEREAS, on March 15, 2011, the City Council adopted Resolution No. 2011- 65 authorizing the submittal of an application for a Caltrans Community -Based Transportation Planning ("CBTP") Grant in the amount of $300,000 for preparation of a Comprehensive Citywide Sustainable Transportation Systems Plan to enhance mobility, access, and safety, and committing to a local match of $75,000 (available through the 2011 Tax Allocation Bond), for a total project cost of $375,000; and WHEREAS, the purpose of the Plan is to enhance access and safety to encourage multi -model transportation such as walking, bicycling, and transit through a comprehensive citywide evaluation of existing and proposed land uses and transportation facilities, including integration of current policies and recommendations established in the General Plan Update, the recently adopted Bicycle Master Plan, and the current Specific Area Plans; and WHEREAS, on July 25, 2011, staff was notified by Caltrans that National City's project application for a CBTP Grant had been selected for funding in Fiscal Year 2011-2012, and that a City Council resolution stating the title of the person authorized to execute all grant documents with Caltrans was required by September 12, 2011, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts the Caltrans Community -Based Transportation Planning Grant in the amount of $300,000 for preparation of a Comprehensive City-wide Sustainable Transportation Systems Plan to enhance mobility, access, and safety. BE IT FURTHER RESOLVED by the City Council that the City Manager is hereby authorized to execute all Community -Based Transportation Planning Grant documents required by Caltrans for preparation of a Comprehensive City-wide Sustainable Transportation Systems Plan . BE IT FURTHER RESOLVED that the City Council hereby authorizes the appropriation of matching funds in the amount of $75,000 available through the 2011 Tax Allocation Bond, for a total project cost of $375,000. --- Signature Page to Follow --- Resolution No. 2011 — Page Two PASSED and ADOPTED this 6th day of September, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Submitted by. California Department of Transportation Transportation Planning Grants Fiscal Year 2011-2012 Project: . A 4e�4 t» ,.,W �s Fund,Sourc $� . 2p12 Mov p 1 Too Mum3er Responsible Total Party l Cost Grant Local F M A M J J A S O N D J F M A M J J A S O N D JIF Deliverable PHASE 1: PROJECT MANAGEMENT AND COORDINATION PHASE 1.1 Project In nation National City $5,000 $4,000 $1.000 Master schedule 1.2 PPP for Consubanl Services Natonal City $5,000 $4,000 $1,000 Request for Preposa 1,3 Staff Coordination I Peview for Full Protect National City $12,500 $10,000 $2,500 : Meeting minutes and decision lags 1.4 Ouaneoy Reports /OveralAdministration National City $6,030 $4.800 $1,200 Duane/y reports, spreadsheets and invoices 1.5 Project Wrap-uo Reporing and Actions National City $5,300 $4,003 $1,000 - Final digital files, websile post ngs and presentation molests 1.6 Management / Staff l'me for Sleeting Comm National City $6 WO $4 800 $1,200 Sleeting Somm'tee agendas and meeting minutes a PHASE224EXIS„CONDITIQVS,+PHQ .'.., + $ "" �dika°5�k 2.1 Existing Planned Goals C:nsultarl / Cry $2 500 $2,30c $503 «o' Vis cn, goals and objectives lists 2.2 Summarize State Mandates & Premous Efforts Consul ant / C/3 $2,500 $2,000 $530 Summary of State mandates & city edons 2.3 Review and Ade to Goals and Objectives Consu tart//City $2,500 $2.000 $500 q" Final vision, goals and objectives lists 24 Existing Cond lions Mapping Consultant $15,000 $12,000 $3,000 ` 31S maps for ctrculanon, bikes and land uses 2.5 Walking Facility Inventory Consultant $10,000 $8,000 $2000 ', Ve'ifled walking conditons, gaps and fieldwork 2 5 Walking Fault,/ Analysis Consul and $10000 $8,000 $2 C00 G15 maps or af1ractorsgenerators, ba n rs & salary ej llr i00,144QR�, t� GF v$ s ✓1T..,FIA.SE :F.�O,L1,g41iP _Y.'v«55S25k'1;3;h, Yix.rrk *454 .,t .Yts$Yt. t x,S ^.R�^.� a 1i ' CHX�?7.::iW Ehv-i`,trk li'14., 3.1 Identity Primary 5takehoide'e Consultant; City 37,500 $6,000 $1,500 6� t Lis of contacts for slaeeholde's 3.2 Develop Public Input Strategy Plan Consultant I Ciry $,1,0M $8,800 $2,200 h', Public Input strategy plan wttn dates, objectives & stra:ogles 3,3 Condum Senior Focus Workshops Co sultan.; City $17,000 $13,600 $3,400 Workshop flyers, materials and results 3.4 Conduct Hispanic °xus Workshops Co sultent I Ciry $17.000 S13,630 $3,400 Womenop Ilyers materials and results 3.5 Conduct Parent l CGtld Focus Workshops Consultant / Cly $17.000 5'3,600 $3,400 Workshop Ilyersmaterials and results 3.6 Conduct Young Profess coal Focus Workshop C rsukarl/ C'ry $6,000 $4,80C $1230 Workshop flyers. materialnd results s a 3,7 Conduct Community W de Worhsncps Cbns0Pant r C,ry $17 500 $14 000 53,530 Workshop flyers matena s and results 3,8 Create arManage Webstte Elerrents Consultan• $10000 $9 NO S2,P00 o ('" +*� Workshop with links enddLnCemen;6 reau a and products 2 PE,14q. i�:,,FU' RE;CONDtiP,1$ 4 1 Co Future Plans Consollant /Ciry $10,000 $E 000 $2,000 Maps of !,lure land use, populations E. areas of probable changes 4,2 Identity Future Init'etives Consultant /Ciry g7,500 $6.000 $1500 7 Summary of future growth lNtiedves and policies 4.3 Project Future Conditions Consultant $10,000 $8,000 $2,C00 Computer models for walking zones, existing & luture enactors 4c ODporLmues'cr Synergy,' Collaboration Consultant $$,P30 $4000 $1,000 Maps showing how walking,bkingi3a0sit can supoon development 3«F-HASE.5.SOLUTION ?AND RECQM MBNDATQNSrx , .-�. END0 I �$8003 r"�+v.t�" _"^;-=-:r"v+`z�a,+stt, •tin _,.r �In.��c��a 1 5,1 Pedes'ran Priori Areas $2,00trs 0 Com sue GIS maps show n P° D 9Dedeslnan pn.nry area. 5,2 Poodty Area Fieldwork Consultant $33,000 $24,030 $6,000 a . Field work maps snowing existing issues In lop 20 areas 5.3 Specific Pnonty Area So:,Harm Consultant $30.000 324,000 $6,000 6H Safety connecivtty ADA and walkablllly-coos for Icp 20 areas 54 Vettrg of Priority Areas and Solutions Consultant $10,000 $8,000 $2,003 Presen'alion of anemias end solutions 5.5 nitial General Costs cl Solutions Consultant $10,000 $6,000 52,030 Spreadsheets snowing probable improvement project costs 5,6 Phasing Plans and Pridntles Consultant $7,500 $5000 31,500 .�: Phasing plan and pnontzed project lists. PHASE 6: PLAN SUBMITTALS, PRESENTAT ONSrAh D APPROVALS. 5.1 Prepare Draft Plan Consultant $15,000 $12,000 $3,000 25 copies of a drat plan 6.2 Review Reline & Reuse and Submit Pre4inai Consultant $,,500 3E000 $1.520 25 cop es of a pra'lnal plan 6.3 Present Pre4inal Plan to Approval Somas Consultant $5,000 $4,000 $1 CCD Presentation materials for the pre.final plan 6.4 Revise and Submit Final Plan Consurenl $5,000 $4,000 $1,000 25 copies of e'Inaf plan e 5 Final Approval Process Consultant r0 CI), $10000 $?000 al materials 8,5 Post Fina Product Dlssermah°n Consultant( u $12503 $15 DCO $12000 $ 000 CDso'reserofec1 CDs p all prof cI matenais websile ;finals & special presen'auons ue v P. it .. ..ns `���, ,'i$":.�'�:e�?§r,��1!`5`i9UO , yr S300IOOfik,�$ZSi�R,�i'�5"n ..:.,. ,,� �?��.i't..ta?a�x vM r Yi ry « ?��wacu,�„pYk��.S.��te"i Agreement No. 4t#a4-4#t4 Page 1 of 15 FUND TRANSFER AGREEMENT THIS FUND TRANSFER AGREEMENT (ETA), IS ENTERED INTO EFFECTIVE ON (dale), between the State of California, acting by and through its Department of Transportation, referred to herein as DEPARTMENT, and the (AGENCY NAME), hereinafter referred to as AGENCY. RECITALS 1. DEPARTMENT and AGENCY, pursuant to Section 134 of Title 23 of the United States Code (23 USC 134) and Section 450.104 of the Title 23 of Code of Federal Regulations (23 CFR 450.104), arc authorized to enter into this FTA pertaining to Federal funding for Transportation studies and planning within the regional area under the jurisdiction of AGENCY. DEPARTMENT and AGENCY, pursuant to Streets and Highways Code section 114(b), Section 134 of Title 23 of the United States Code (23 IJSC 134) and Section 450. 104 of the Title 23 of Code of Federal Regulations (23 CFR 450.104), are authorized to enter into this FTA pertaining to State and Federal funding for Transportation studies and planning within the regional area under the jurisdiction of AGENCY. 1. DEPARTMENT and AGENCY, pursuant to Streets and Highways Code section 114 (b), are authorized to enter in this FTA pertaining to State funding committed for Transportation studies and planning within the regional area under the jurisdiction of AGENCY. 2. AGENCY has agreed to implement (enter Project name here), hereinafter the Project, subject to the terms and conditions of this FTA. The Project Description (Scope of Work and Cost Estimate) is attached hereto as Attachment III. 3. The resolution authorizing AGENCY to execute this FTA pertaining to above described Project is attached hereto as Attachment II. 4. All services performed by AGENCY pursuant to this FTA are intended to be performed in accordance with all applicable Federal, State, and AGENCY laws, ordinances, regulations; DEPARTMENT's encroachment permits; and DEPARTMENT'S published manuals, policies, and procedures. 5. Project funding is as follows: FUND TITLE FUND SOURCE DOLLAR AMOUNT XXXXXX XXXXXX XXXXXX This FTA is exempt from legal review and approval by the Department of General Services, pursuant to Public Contract Code section 10295. AGENCY AGREES: SECTION I 2 Agreement No. /:41- 1:` Page 2 of 15 to timely and satisfactorily complete all Project Work described in Attachment III. SECTION II DEPARTMENT AGREES: DEPARTMENT agrees that when conducting an audit of the costs claimed by AGENCY under the provisions of this FTA. DEPARTMENT will rely to the maximum extent possible on any prior audit of AGENCY performed pursuant to the provisions of applicable State and Federal laws. SECTION III IT IS MUTUALLY AGREED: In consideration of the foregoing and the mutual promises of the parties hereto, AGENCY and DEPARTMENT agree as follows: 1. Notification of Parties a. AGENCY'S Project Manager is (NAME & PHONE NUMBER) b. DEPARTMENT's Contract Manager is (NAME & PHONE NUMBER) c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses: (AGENCY (REAL_ NAME) Attention: (PROGRAM MANAGER) (PROGRAM MANAGER TITLE) AGENCY STREET ADDRESS CITY, STATE, ZIP California Department of Transportation (DISTRICT/DIVISION) Attention: (CONTRACT MANAGER) STREET ADDRESS CITY, STATE, ZIP 2. Period of Performance Reimbursable work under this FTA shall begin no earlier than on (DATE), contingent upon approval of this FTA by DEPARTMENT. and will terminate on (EXPIRATION DATE). 3. Changes in Terms/Amendment This FTA may only be amended or modified by mutual written agreement of the parties. 4. Termination This FTA may be terminated by either party for any reason by giving written notice to the other party al least thirty (30) days in advance of the effective date of such termination. In the event of termination by said notice, funds reimbursed to AGENCY will include all allowable authorized non -cancelable obligations and prior costs incurred. 3 Agreement No..'r`.°'==`.= AGENCY Page 3 of 15 5. Cost Lirnitation a. The total amount reimbursable to AGENCY pursuant to this FTA by DEPARTMENT shall not exceed $X,XXX.XX. b. It is agreed and understood that this FTA fund limit is an estimate and that DEPARTMENT will only reimburse the cost of services actually rendered as authorized by the DEPARTMENT Contract Manager at or below that fund limitation established hereinabove. 6. Allowable Costs a. The method of payment for this FTA will be based on actual allowable costs. DEPARTMENT will reimburse AGENCY for expended actual allowable direct and indirect costs, including, but not limited to labor costs, employee benefits, and travel (overhead is reimbursable only if the AGENCY has an approved indirect cost allocation plan) and contracted consultant services costs incurred by AGENCY in performance of the Project work, not to exceed the cost reimbursement limitation set forth in 5.a, above. Actual costs shall not exceed the estimated wage rates, labor costs, travel and other estimated costs and fees set forth in Attachment III without prior written agreement between DEPARTMENT and AGENCY. b. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in the performance of the Project work. AGENCY must not only have incurred the expenditures on or after the Effective Dale of this FTA and before the Termination Date, but must have also paid for those costs to claim any reimbursement c. Travel expenses and per diern rates are riot to exceed the rate specified by the State of California Department of Personnel Administration for similar employees (i.e. non -represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its contractors, its subcontractors, and/or its subrecipients, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process. d. DEPARTMENT will reimburse AGENCY for all allowable Project costs no more frequently than monthly in arrears as promptly as DEPARTMENT fiscal procedures permit upon receipt of itemized signed invoices in triplicate. Invoices shall reference this f=FA Number and shall be signed and submitted to the Contract Manager at the following address: California Department of Transportation (District -Division) Attention: (Contract Manager) [Contract Manager's address — (Two Lines)] e. Invoices shall include the following information: 1 Names of the AGENCY personnel performing work 2. Dates and times of service 3. Locations of service (AGENCY - address) Reports a Agreement No. °.'-,>.%;'s--fir Page 4 of 15 a. AGENCY shall submit written progress reports with each set of invoices to allow the DEPARTMENT's Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed. Any document or written report prepared as a requirement of this FTA shall contain, in a separate section preceding the main body of the document, the number and dollar amounts of all contracts and subcontracts relating to the preparation of those documents or reports. AGENCY will provide five (5) copies and one (1) electronic version of the final written report to the DEPARTMENTS Contract Manager. 8. Local Match Funds Except where expressly allowed in writing herein, reimbursement of credits for local matching funds will be made or allowed only for work performed on and after the start date and prior to the termination date of this FTA, unless expressly permitted as local match expenditures made prior to the effective date of this FTA pursuant to Government Code section 14529.17 or by prior executed SB 2800 FTA for Local Match Fund Credit. b. AGENCY agrees to contribute the statutorily required local contribution of matching funds (other than state or federal funds), if any is specified within this FTA or in any Attachment hereto, toward the actual cost of the services described in Attachment III or the amount, if any described in an executed SB 2800 (Streets and Highways Code section 16453) agreement For local match fund credit, whichever is greater. AGENCY shall contribute not less than its required match amount toward the services described herein on a proportional monthly or quarterly basis coinciding with its usual invoicing frequency_ 9. Cost Principles a AGENCY agrees to comply with Office of Management and Budget Circular A- 87, Cost Principles for State, Local and Tribal Governments, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. b. AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq_, shall be used to determine the allowability of individual Project cost items and (b) all parties shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Every sub -recipient receiving Project funds as a contractor, subcontractor, or sub -grantee under this FTA shall comply with Federal administrative procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. c Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under Office of Management and Budget Circular A-87, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are 5 Agreement No .T`' Page 5 of 15 subject to repayment by AGENCY In DEPARTMENT. Should AGENCY fail to reimburse moneys due DEPARTMENT within thirty (30) days of discovery or demand, or within such other period as may be agreed in writing between the Parties hereto, DEPARTMENT is authorized to intercept and withhold future payments due AGENCY from DEPARTMENT or any third party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source_ d. AGENCY agrees to include Project in the schedule of projects to he examined in AGENCY's annual audit and in the schedule of projects to be examined under any single audit prepared in accordance with Office of Management and Budget Circular A-133_ e. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must prepare and submit annually to DEPARTMENT an indirect cost rate proposal and a central service costs allocation plan (if any) in accordance with Office of Management and Budget Circular A-87 and Local Program Procedures Manual (LLP 04-10). 10_ Americans with Disabilities Act By signing this FTA, AGENCY assures DEPARTMENT that in the course of performing Project work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 11. Indemnification a. Nothing in the provisions of this FTA is intended to create duties or obligations to or rights in third parties to this FTA or affect the legal liability of either party to the FTA by imposing any standard of care with respect to the development, design, operation, maintenance and repair of State Highways anti AGENCY facilities different from the standard of care imposed by law. b. Neither DEPARTMENT nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by AGENCY under or in connection with any work, authority or conduct conferred upon AGENCY under this Agreement. It is understood and agreed that, AGENCY shall fully defend, indemnify and save harmless DEPARTMENT and all of its officers and employees frorn all claims, suits or actions of every name, kind and description arising out of this Agreement, including but not limited to, any tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY under or in connection with any work, authority or conduct delegated to AGENCY under this Agreement. 12_ Non -Discrimination a. During the performance of this FTA, AGENCY and all of its subcontractors and its subrecipients, if any, shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, 6 Agreement No_'_ AGENCY Page 6 of 15 denial of family and medical care leave, and denial of pregnancy disability leave. AGENCY, its subcontractors, and subrecipients shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. AGENCY, its subcontractors and sub - recipients shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 el seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this FTA by this reference and are made a part hereof as if set forth in full. AGENCY, its subcontractors, and sub -recipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other collective bargaining agreements in place. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this FTA. c Appendix A, relative to nondiscrimination on federally assisted projects is included as Article 30_ d. AGENCY shall comply with Title VI of the Civil Rights Act of 1964, as amended. Accordingly, 49 CFR 21 through Appendix C and 23 CFR 710 405 (b) arc applicable to this FTA and enforceable against AGENCY by this reference. 13. Funding Requirements a_ It is mutually understood between the parties that this FTA may have been written for the mutual benefit of both parties in order to avoid program and fiscal delays that would occur if the FTA was executed only after ascertaining the availability of a congressional or legislative appropriation of funds. b. This FTA is valid and enforceable only if sufficient funds are made available to DEPARTMENT by the United States Government and/or the California State Legislature for the purpose of this Project. In addition, this FTA is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress or the State Legislature that may affect the provisions, terms or funding of This FIA in any manner. c. It is mutually agreed that if the Congress or the State Legislature does not appropriate sufficient funds for the program and Project, this FTA shall be amended to reflect any reduction in funds. DEPARTMENT has the option to void this FTA under the thirty (30) day termination clause or to amend this FTA to reflect any reduction of funds_ In the event of an unscheduled termination, the DEPARTMENT Contract Manager may reimburse allowable AGENCY costs in accordance with the provisions of Article 4 of this Section III. 14. Records Retention a. AGENCY, its contractors. subcontractors and sub -recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub -recipients shall 7 Agreement No. CT.TITI ICY Page 7 of 15 conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of cornplelion, and provide support for reimbursement payment vouchers or invoices. AN accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub -recipients connected with Project performance under this FTA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of DEPARTMENT, the California State Auditor, and auditors representing the federal government- Copies thereof will be furnished by AGENCY, its contractors, its subcontractors and sub -recipients upon receipt of any request made by DEPARTMENT or its agents. In conducting an audit of the costs and match credits claimed under this FTA, DEPARTMENT will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of federal and State law_ In the absence of such an audit, any acceptable audit work performed by AGENCY's external and internal auditors may be relied upon and used by DEPARTMENT when planning and conducting additional audits. b. For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performance of AGENCY's contracts with third parties pursuant to Government Code section 8546.7, AGENCY, AGENCY's contractors, subcontractors, and sub -recipients and DEPARTMENT shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three years from the date of final payment to AGENCY under this FTA. DEPARTMENT, the California State Auditor, or any duly authorized representative of DEPARTMENT or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. c AGENCY, its contractors, subcontractors, and sub -recipients will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the Slate of California designated by DEPARTMENT, for the purpose of any investigation to ascertain compliance with this FTA. 15. Disputes a. Any dispute concerning a question of fact arising under this FTA that is not disposed of by agreement shall be decided by the DEPARTMENT Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. Neither the pendency of a dispute nor its consideration by the Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of the FTA. 16. Subcontractors Agreement No..i Nsr; AG FIN C...r Page 8 of 15 AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without prior written authorization by DEPARTMENT'S Contract Manager unless expressly included (subcontractor identified) in Attachment III as part of the identified Project work. Any subcontract in excess of $25,000 entered into as a result of this FTA shall contain all the provisions stipulated in this F TA to be applicable to AGENCY's subcontractors. 17. Third Party Contracting a. AGENCY shall not award a construction contract over $10,000 or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (IA on the basis of a noncompetitive negotiation for work to be performed under this FTA without the poor written approval of DEPARTMENT. Contracts awarded by AGENCY, if intended as local match credit, must meet the requirements set forth in this FTA regarding local match funds. Any subcontract entered into by AGENCY as a result of this FTA shall mandate that travel and per diem reimbursements and third -party contract reimbursements to subcontractors will be allowable as Project costs only after those costs are incurred and paid for by the subcontractors. c. It local match is a requirement of these funds, AGENCY must ensure that local match funds used for the Project meet the requirements outlined in this FTA in the same manner as is required of all other Project expenditures. d. In addition to the above, the preaward requirements of third party contractor/consultants with local agencies must be consistent with Local Program Procedures (LPP 00-05). 18. Disadvantaged Business Enterprise AGENCY agrees to carry out the applicable requirements of Title 49 CFR, Part 26, of the Code of Federal Regulations, entitled "Participation by Disadvantaged Business Enterprises (DBEs) in Department of Transportation Financial Assistance Programs" in the award and administration of federally assisted Contracts for work performed under this FTA. AGENCY, in the administration of its contracts, shall adopt practices that are consistent with the DEPARTMENT'S DBE Program Plan. 18. Disabled Veterans Business Enterprise a. Should Military and Veterans Code sections 999 et seq. be applicable to AGENCY, AGENCY shall meet the 3% Disabled Veterans Business Enterprises goals (or AGENCY'S applicable higher goals) in the award of every contract for Project work to be performed under this FTA_ b. AGENCY shall have the sole duty and authority under this FTA and each amendment to determine whether these referenced DVBE code sections are applicable to AGENCY and, if so, whether participation asserted by those contractors of AGENCY were sufficient as outlined in Military and Veterans Code sections 999 et seq. 19. Drug -Free Workplace Certification 9 Agreernent No. - >4:4 AGENCY Page 9 of 15 By signing this FTA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code section 8350 et seq.) and will provide a drug -free workplace by doing all of the following a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code section 8355(a)- b. Establish a Drug Free Awareness Program as required by Government Code section 8355(b) to inform employees about all of the following: 1. the dangers of drug abuse in the workplace, 2. the person's or organization's policy of maintaining a drug -free workplace, 3. any available counseling, rehabilitation, and employee assistance programs, and penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code section 8355(c), that every employee who works on the proposed contract or grant: will receive a copy of the company's drug -free policy statement, and 2. will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. Failure to comply with these requirements may result in suspension of payments under this FTA or termination of this FTA or both, and AGENCY may be ineligible for the award of any future state contracts if DEPARTMENT determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above. 20_ Relationship of Parties It is expressly understood that this FTA is an agreement executed by and between two independent governmental entities and is not intended 1o, and shall riot be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party. 21. Equipment Purchase (By AGENCY) a Prior authorization in writing by the DEPARTMENT Contract Manager shall be required before AGENCY enters into any non -budgeted purchase order or subagreement exceeding $500 for supplies, equipment, or consultant services. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. For the purchase of any item, service or consulting work not covered in the attaches, Project Description (Attachment III) and exceeding $500, three competitive quotations must he submitted with the request or the absence of bidding must be 10 Agreement No. Page 10 of 15 adequately justified, and prior authorization must be obtained from the DEPARTMENT's Contract Manager. c. Any equipment purchased as a result of this F IA is subject to the following_ AGENCY shall maintain an inventory record for each piece of non -expendable equipment purchased or built with funds provided under the terms of this [TA. The inventory record of each piece of such equipment shall include the date acquired, total cost, serial number, model identification (in accordance with established DEPARTMENT procedures for its purchased equipment), and any other information or description necessary to identify said equipment. Non - expendable equipment so inventoried are those items of equipment that have a normal life expectancy of one (1) year or more and an approximate unit price of $5,000 or more. In addition, theft -sensitive items of equipment costing less than $5,000 shall be inventoried. A copy of the inventory record must be submitted to DEPARTMENT upon request by DEPARTMENT. At the conclusion of the FTA, or if the FTA is terminated, AGENCY may either keep the equipment and credit DEPARTMENT in an amount equal to its fair market value or sell such equipment at the best price obtainable at a public or private sale in accordance with established DEPARTMENT procedures and credit DEPARTMENT in an amount equal to the sales price. If AGENCY elects to keep the equipment, fair market value shall be determined, at AGENCY expense, on the basis of a competent, independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to DEPARTMENT and AGENCY. If AGENCY is determined to sell the equipment, the terms and conditions of such sale must he approved in advance by DEPARTMENT. e. CFR 49, Part 18.32 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the Project. f. Any subagreement entered into as a result of this FTA shall contain all of the provisions of this Article. 22. Disabled Access Review Disabled access review by the Department of General Services (Office of State Architect) is required for the construction of all publicly funded buildings, structures, sidewalks, curbs and related facilities_ No construction contract will be awarded by AGENCY for a Project facility unless AGENCY plans and specifications for such facilities conform to the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Administrative Code and the Americans with Disabilities Act (42 USC 12101, et. seq.)_ 23_ Fire Marshal Review The Slate Fire Marshal adopts building standards for fire safety and panic prevention. Such regulations pertain to fire protection design and construction, means of egress and adequacy of exits, installation of fire alarms, and fire extinguishment systems for any DEPARTMENT owned or DEPARTMENT occupied buildings per section 13108 of the Health and Safety Code. When applicable, AGENCY must assure that any relevant Project plans meet the standards of the State Fire Marshal to ensure consistency with California facility fire protection standards. 24. Environmental Clearance 11 Agreement No Page 11 of 15 Environmental clearance. of Project by AGENCY and/or DEPARTMENT is required prior to requesting funds for right of way purchase or construction_ No department or agency shall request funds nor shall any departmenllagency board or commission authorize expenditures of funds for any project, except feasibility or planning studies, which may have a significant effect on the environment unless such a request is accompanied by an environmental impact report per California Public Resources Code section 21 102. The California Environmental Quality Act (CEQA), in California Public Resources Code section 21080(b)(10), does provide an exemption for rail projects which institute or increase passenger or commuter services on rail or highway rights -of -way already in use 25_ Labor Code Compliance: Prevailing Wages If the work performed on this Project is clone under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" dial constitutes construction, alteration, demolition, installation, repair or maintenance, AGENCY must conform to the provisions of Labor Code sections 1720 through 1815, all applicable regulations, and coverage determinations issued by the Director of Industrial Relations. AGENCY agrees to include prevailing wage requirements in its contracts for public work. Work performed by AGENCY's own forces is exempt from the Labor Code's prevailing wage requirements. 26_ Prevailing Wage Requirements in Subcontracts AGENCY shall require its contractors and subcontractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code section 1720(a)(1). Subcontracts shall include all prevailing wage requirements sel forth in AGENCY's contracts_ 27. State -Owned Data a AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media: 1. Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government -certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect DEPARTMENT data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space. 2. Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 110-2 Security Requirements for Cryptographic Modules. 3. Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another. d. Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only_ 5. Install and maintain current anti -virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6. Notify the Contract Manager immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 12 Agreement No. 14 A #a x; r Page 12 of 15 7. Advise the owner of the State-owned data, the agency Information Security Officer, and the agency Chief Information Officer of vulnerabilities that may present a threat to the security of Stale -owned data and of specific means of protecting that State-owned data. b. To use the State-owned data only for Slate purposes under this FTA. c_ To not transfer State-owned data 10 any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s). (State Administrative Manual (SAM) section 5335.1 28. Project Close Out a. The FTA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date the FTA expires. AGENCY has sixty (60) days after that Expiration Date to make final allowable payments to Project contractors or vendors, prepare the Project Closeout Report, and submit the final invoice to DEPARTMENT for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by that sixtieth (60th) day will be reverted and will no longer be accessible to reimburse late Project invoices. b. DEPARTMENT reserves the right to withhold final payment to AGENCY pending receipt of final deliverable(s) by the DEPARTMENT'S Contract Manager. 29. Federal Lobbying Activities Certification AGENCY certifies, to the best of its knowledge and belief, that: No State or Federal appropriated funds have been paid or will be paid, by or on behalf of the AGENCY, to any person for influencing or attempting to influence an officer or employee of any State or Federal agency, a Memher of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Memher of the Legislature or Congress, in connection with the awarding of this FTA, Slate or Federal grant, the making of any related State or Federal loan, the entering into of any FTA supported contract or agreement, and the extension, continuation, renewal, amendment, or modification of any State or Federal FTA contract, grant, loan, or agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this FTA, AGENCY shall complete and subrnit Standard Form-LL, "Disclosure Form to Report Lobbying", in accordance with its instructions. c. This certification is a material representation of fact upon which reliance was placed when this FTA was entered into- Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 13 Agreement No. `t ' °.# 4.# G EI_ C. Page 13 of 15 AGENCY also agrees, by signing this F1A, that the language of Ihis certification shall be included in all lower tier subcontracts which exceed $100,000, and that all such subcontractors shall certify and disclose accordingly within each subcontract. 30. Appendix A During the performance of this FTA, AGENCY, for itself, its assignees and successors in interest (hereinafter referred to as AGENCY) agrees as follows: Compliance with regulations: AGENCY shall comply with regulations relative to Title VI (nondiscrimination in federally -assisted programs of the Department of Transportation — Title 49 Code of Federal Regulations Part 21 — Effectuation of Title VI of the 1964 Civil Rights Act), Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest_ b. Nondiscrimination: AGENCY, with regard to the Project work performed by it during the term of the FTA, shall act in accordance with Title VI. Specifically, AGENCY shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of subcontractors, and sub -recipients including the procurement of materials and leases of equipment. AGENCY shall not participate either directly or indirectly in any form of discrimination prohibited by Section 21.5 of the U.S. DOT's Regulations, including employment practices, when the FTA is intended to address a program whose goal is employment. c. Solicitations for Subagreements, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by AGENCY for work to be performed under a subagreernenl, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by AGENCY of the AGENCY's obligations under this FTA and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. Information and Reports: AGENCY shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and facilities as may be determined by DEPARTMENT or any duly authorized representative of the Federal Government to be pertinent to ascertain compliance with such regulations or directives- Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, AGENCY shall so certify to DEPARTMENT, or any duly authorized Federal Agency as appropriate, and shall set forth what efforts it has made to obtain the information_ e. Sanctions for Noncompliance: In the event of AGENCY's noncompliance with the nondiscrimination provisions of this FTA, DEPARTMENT shall impose such sanctions as it or any Federal funding agency may determine to be appropriate, including, hut not limited to- 14 Agreement No. N;rA AGENCY Page 14 of 15 (1) withholding of payments to AGENCY under ttris ETA until the AGENCY complies, and,ror (2) cancellation, termination, or suspension of this FTA, in whole or in park Incorporation of Provisions: AGENCY shall include the provisions of paragraphs (a) through (t) in every subagreernent, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. AGENCY will take such action with respect to any subcontractor or procurement as DEPARTMENT or any Federal funning agency may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, AGENCY may request DEPARTMENT to enter into such litigation to protect the interest of the State, and, in addition, AGENCY may request the United Stales to enter into such litigation to protect the interest of the United Slates_ 15 Agreement No. Page 15 of 15 ATTACHMENTS: The following attachments are incorporated into and are made a part of this FTA by this reference and attachment. I_ Accounting & Audit Guidelines II. AGENCY Resolution III. Scope of Work, Schedule, and Costs IN WITNESS WHEREOF, the parties hereto have executed this FTA on the day and year first herein above written: STATE OF CALIFORNIA AGENCY NAME DEPARTMENT OF TRANSPORTATION By: Title: Contract Officer Date: By: Title: Date: By Title: Date: By: Title: Date: 16 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ETING DATE: September 6, 2011 ii AGENDA ITEM NO. 12 EM TITLE: Resolution of the City Council of the City of National City accepting a grant award from the California Department of Resources and Recovery in the amount of $15,378 to provide a beverage container recycling program and equipment as well as public education in the City of National City Elementary School District. These programs are funded by the grant award and have no impact to the General Fund. PREPARED BY: Joe Smith DEPARTMENT: Public W. s PHONE: 336-4587 EXPLANATION: See attached. APPROVED BY: FINANCIAL STATEMENT: APPROVED: nance ACCOUNT NO. APPROVED: MIS No negative impact on General Fund. Funds are provided to National City by California Depart ent of Resources & Recovery and revenue will be recorded in Fund 172-00000-3642 and appropriations will be established in fund 172-422-225-296-0000. ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept the California Department of Resources and Recovery Grant BOARD / COMMISSION RECOMMENDATION: n/a ,TACHMENTS: planation Resolution Funding Request Summary California Department of Resources and Recovery Guidelines Explanation Each year the California Department of Resources and Recovery (CalRecycle) offers funding opportunities authorized by the legislation to assist public and private entities in the safe and effective management of their waste stream. This funding program was created to assist organizations with establishing convenient beverage container recycling and litter abatement projects, and to encourage market development and expansion for beverage container materials. The City of National City applied for $14,923 but received an award of $15,378 because all of the available funds for fiscal year 2010-2011 were not applied for and the remaining funds were reallocated to other cities and counties according to their population. Since fiscal year 2005-2006 National City has applied for and received this grant and has utilized the funds for our beverage container recycling program, public education in the National City Elementary School District, purchasing of park equipment from recycled materials, and recycled items handed out at City events to increase awareness of the need to recycling. Accepting the grant provides us the necessary funds to continue these programs and has no impact on the General fund. RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING A GRANT AWARD IN THE AMOUNT OF $15,378 FROM THE CALIFORNIA DEPARTMENT OF RESOURCES AND RECOVERY TO PROVIDE A BEVERAGE CONTAINER RECYCLING PROGRAM, EQUIPMENT, AND PUBLIC EDUCATION TO ELEMENTARY SCHOOLS WITHIN THE NATIONAL SCHOOL DISTRICT WHEREAS, each year the California Department of Resources and Recovery (CalRecycle) offers funding opportunities authorized by the legislation to assist public and private entities in the safe and effective management of their waste stream; and WHEREAS, this funding program was created to assist organizations with establishing convenient beverage container recycling and litter abatement projects, and to encourage market development and expansion for beverage container materials; and WHEREAS, the City applied for funds in the amount of $14,923, but received an award of $15,378 because all of the available funds for Fiscal Year 2010-2011 were not applied for resulting in the remaining funds being reallocated to applicant cities and counties according to their population. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts a grant award in the amount of $15,378 from the California Department of Resources and Recovery to provide a beverage container recycling program and equipment, as well a public education to elementary schools within the National School District. PASSED and ADOPTED this 6th day of September, 2011. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor Calfecycle ty_/County Annual Payment Request Syste Funding Request National City Funding Request Cycle : FY 2010-2011 Submitted On: 4/26/2011 Status: Paid Vendor Number: Program Requirements 1) Provide a brief description of the proposed project(s) that you plan to implement with city/county payment program funds. Public Resources Code 14581 (a)(4)(B). (1) Purchase and disseminate educational materials related to beverage container recycling and litter abatement (2) Education and educational materials for public schools (3)purchase equipmnt for Parks 2) Please specify supermarket siting information pursuant to Public Resources Code 14581 (a)(4)(F). Have you prohibited the siting of a supermarket site? : No Submitted By: Jeff Servatius Have you caused a supermarket to close its business? : No Eligible Funds: Redistribution Amount: Total Payment Amount: Have you adopted a land use policy that restricts or prohibits the siting of a supermarket site within your jurisdiction? : No 14,923 455 15,378 3) These funds shall not be used for activities unrelated to beverage container recycling or litter reduction, Public Resources Code 14581 (a)(4)(C). Yes, I Accept Name Contact Type. Mr. Joe Smith Secondary Mr. Chris Zapata Primary Mr. Jeff Servatius Funding Request Address 2100 Hoover Ave National City, 91950 Activity Group Beverage Container Collection Programs Litter Clean-up Recycling Education Personnel Recycled Content Products Title Public Works Director City Manager Superintendent Address Type Payment Physical Phone (619)336-4587 (619) 336-4240 (619) 336-4586 Activity Item Public Parks / Recreational Areas Schools - Elementary Public Parks / Recreational Areas Community Events Schools - Elementary General Public Program Administrator Park / Playground Equipment Signs County San Diego Email JSmith@nationalcityca.gov czapata@ci.national- city.ca.us jervatius@nationalcityca.g ov Budgeted Funds 1,000 923 3,000 2,000 8,000 National City Printed: 8/9/2011 20 i 0/ 201 City/County Puy £ -e t Progra Guidelines CalRecycle Pursuant to Public Resources Code Section 14581(a)(4)(A) of the California Beverage Container Recycling and hitter Reduction Act, the Department of Recycling Resources and Recovery (CalRecycle) is distributing $10,500,000 in fiscal year 2010/11 to eligible cities and counties specifically for beverage container recycling and litter cleanup activities. The goal of CalRecycle's beverage container recycling program is to reach and maintain an 80 percent recycling rate for all California Refund Value (CRV) beverage containers - aluminum, glass, plastic and bi-metal. Projects implemented by cities and counties will assist in reaching and maintaining this goal. Eligible Participants Incorporated cities and counties in California, as identified by the California Department of Finance, are eligible to receive funding under this program. Allocation of Funds Each city is eligible to receive a minimum of S5,000 or an amount calculated by CalRecycle, on a per capita basis, whichever is greater. Each county is eligible to receive a minimum of $10,000 or an amount calculated by CalRecycle, on a per capita basis, whichever is greater. The per capita amount is calculated, based upon the population, as of January 1, 2010, in the incorporated areas of a city, city and county, or the unincorporated area of a county, as stated in the Annual City/County Population and Housing Estimate Report submitted to the Governor by the California Department of Finance. On-line Application Process/WebPass Information Beginning with the Fiscal Year (FY) 2010/11 cycle, applicants will access the on-line application through the CalRecycle WebPass system. Cities and Counties may apply for funds by completing a Funding Request in the web based City/County Annual Payment and Reporting System (CAPRS). In order to access the CAPRS system, the applicant must have a CalRecycle WebPass. Existing Primary and Secondary contacts will receive an invitation, via email, to the CAPRS system. WEBPASS - Those who previously obtained a WebPass through another CalRecycle program (i.e., Local Government Information Center (LoGIC), E-Waste, OPPO, etc.) do not need to obtain a new WebPass. However, if the applicant has not obtained a WebPass, one may be requested at the following link: CalRecycle WebPass. Select "Create Account" and follow the instructions. After the request for access is received and reviewed, an e-mail will be sent to the applicant granting access to the secure Web site for entry into CAPRS. WebPass accounts are created for individuals, not organizations, and will be tied to the applicant's specific email address. If the applicant's email address changes or becomes inactive, a new WebPass account will need to be created to access CAPRS. All individuals must obtain their own password. Passwords should not be shared within the organization. Access will not be granted into the on- line application system unless the applicant is designated as a contact in the system. Contacts For cities, the authorized official (city manager, city clerk or mayor) should be identified as the Primary Contact for the City/County Payment Program, and for counties, the current recycling coordinator should be identified. To make changes to the primary contact information, call CalRecycle at (916) 322-0613 and ask for the assigned Regional Representative. The Secondary Contact should be identified as the person responsible for overseeing the beverage container recycling program for cities. For counties, the county treasurer should be identified. Changes to the secondary contact information may be made directly on the electronic form. The Primary or Secondary Contact may designate themselves as the Funding Request Contact or assign someone else. The Funding Request Contact should be the person completing the application who is available to answer questions concerning the Funding Request. This may be the city or county recycling coordinator, lead agency or JPA. If the city or county would like to assign a person not currently identified as the primary or secondary contact to be the Funding Request contact, "click" on "User Management" on the left navigation menu in CAPRS and follow the instructions to set-up a new user. The new user will also need a WebPass. Addresses A Payment and a Physical address must be identified. The Payment address is the address where the payments will be mailed. To comply with the requirements of Chapter 8400 of the State Administrative Manual (Warrants Payable to Counties), the county treasurer's address will be identified as the payment mailing address for counties. To make changes to the payment mailing address, call CalRecycle at (916) 322-0613 and ask for the assigned Regional Representative. Eligible Activities for Expenditure of Funds Pursuant to Section 14581(a)(4)(C) of the Public Resources Code, these funds may not be used for activities unrelated to beverage container recycling or litter abatement Approved project activities are listed in the Activity Summary, by category, on the Funding Request. An "other" box is provided to allow additional activities to be listed. These are subject to approval by CalRecycle. Eligible activities for the use of these funds may include, but are not necessarily limited to: • Support for new or existing curbside recycling programs. • Neighborhood drop-off recycling programs. • Public education promoting beverage container recycling. • Litter prevention and cleanup. • Cooperative regional efforts among two or more cities and counties. • Other beverage container recycling programs. Submitting the Application After the application is completed and submitted, a summary of the Funding Request may be printed. An email containing the summary will not be sent to the applicant (as done in the past). The applicant may return to the system at any time to view the status of the Funding Request or to reprint the summary. Deadline to Submit CalRecycle must receive the completed Funding Request no later than May 31, 2011. Any Funding Requests submitted after the May 31, 2011 deadline date will not be accepted. (PRC Section 14581(a)(4)(E). Payments CalRecycle will approve Funding Requests and authorize the State Controller's Office to make payments to each city and county. The State Controller's Office has up to 30 days to process the payment. The warrant will identify the source of funds as "City/County PYMTS" and will arrive without a cover letter to the city or to the county treasurer. Pursuant to Section 14581(a)(4)(F) of the Public Resources Code, CalRecycle may withhold payment to any city, county or city and county that has prohibited the siting of a certified recycling center at a supermarket site, caused a certified recycling center at a supermarket site to close its business, or adopted a land use policy that restricts or prohibits the siting of a certified recycling center at a supermarket site within its jurisdiction since January 1, 2000. Reporting and Recordkeeping In accordance with Title 14, Division 2, Chapter 5, Section 2085 of the California Code of Regulations, each eligible participant receiving funds must maintain documentation for five years from the date of preparation. This year we will be asking a random sample of applicants to submit a report of expenditures for the City County Payment Program. Therefore, all entities should be prepared to submit a report of how the Fiscal Year 2010/11 City/County funds were spent. A template of the requested report will be sent to randomly identified cities or counties January 1, 2012. How to Reach Us Department of Resources Recycling and Recovery (CalRecycle) Beverage Container Grants Unit 801 K Street, MS 17-01 Sacramento, CA 95814-3533 Telephone: (916) 322-0613 Fax: (916) 322-8758 Email: citycountyrn,calreeycle.ca.eov Additional Information and Other Resources • CalRecycle Regional Representative contact information: http://www.calrecycle.ca.uov/ B evContaineri Grants/Resources/ RegionalAsst.pdf • Frequently Asked Questions and Historical Funding Information: http:/iwww_calrecycle. ca. govi BevConta iner/Grants/ CityCounty/defauit.htm • CalRecycle provides free English and Spanish recycling bin labels and other recycling promotional material. For more information visit: http://www.calrecvele.ca.gov/ B evC ontainer/Grants/Resources/ • To order bin labels, use the order form at: http://www_cal recyc le. ca. gov/BevContainer/Grants/ EmblemOrder.htm 2 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2011 AGENDA ITEM NO. 13 EM TITLE: Resolution of the City Council of the City of National City authorizing acceptance of grant award of $103,429.00 from the California Office of Traffic Safety for the Selective Traffic Enforcement Program (STEP) Grant Project to conduct DUI and traffic related enforcement operations and purchase of LIDAR speed detection devices, Preliminary Alcohol Screening (PAS) devices, light tower and generator. traffic training and miscellaneous supplies PREPARED BY: Sergeant Dan Fabinski 1/ DEPARTMENT: Police Department APPROVED BY: �a✓� PHONE: 336-4446 EXPLANATION: On July 8, 2011, the National City Police Department was approved to receive $103,429.00 in grant funds from the Office of Traffic Safety (OTS). The grant was approved for a one-year period beginning October 1, 2011. This award is based upon a grant proposal submitted to the Office of Traffic Safety for the purpose of reducing the number of persons killed or injured in traffic collisions and alcohol -involved collisions; to reduce fatal and injury hit & run collisions; to reduce the amount of motorcyclists killed or injured; and to reduce fatal and injury collisions at intersections, involving red light runners, and where unsafe speed was a factor. The grant funds allocated to accomplish these goals will be used to fund overtime operations such as DUI/DL checkpoints, DUI saturation patrols, and enforcement operations regarding speed, red Tight violations, dangerous intersection enforcement, and motorcycle safety enforcement. Grant funds will be used to purchase the following equipment; one (1) light tower/generator, three (3) LIDAR speed --action devices, four (4) Preliminary Alcohol Sensing (PAS) devices, and miscellaneous supplies. FINANCIAL STATEMENT: ACCOUNT No. 290-411-628- APPROVED: APPROVED: 0--A Finance MIS The grant awards $103,429.00 over the one-year grant period. No matching City funds are required. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: nt award E-mail randum Grant Application Summary RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF A SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT AWARD IN THE AMOUNT OF $103,429 FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY TO CONDUCT DUI AND TRAFFIC -RELATED ENFORCEMENT OPERATIONS, AND FOR THE PURCHASE OF LIGHT DETECTION AND RANGING (LIDAR) SPEED DETECTION DEVICES, PRELIMINARY ALCOHOL SCREENING (PAS) DEVICES, LIGHT TOWER AND GENERATOR, TRAFFIC TRAINING, AND MISCELLANEOUS SUPPLIES FOR THE OPERATIONS WHEREAS, on February 16, 2011, the National City Police Department applied for a Selective Traffic Enforcement Program (STEP) Grant from the California Office of Traffic Safety for the purpose of reducing the number of persons killed or injured in traffic collisions and alcohol -involved collisions; to reduce fatal and injury hit and run collisions; to reduce the amount of motorcyclists killed or injured; and to reduce fatal and injury collisions at intersections that involved red light runners, and where unsafe speed was a factor; and WHEREAS, on July 8, 2011, the Police Department was awarded said Grant in the amount of $103,429 for a one-year period, beginning October 1, 2011; and WHEREAS, the grant funds received to accomplish these goals will be used to fund overtime operations, such as DUI/DL checkpoints; DUI saturation patrols; and enforcement operations regarding speed, red light violations, dangerous intersection enforcement, and motorcycle safety enforcement; and WHEREAS, the grant funds will also be used to purchase one light tower/generator, three Light Detection and Ranging (LIDAR) Speed Detection Devices, four Preliminary Alcohol Sensing (PAS) Devices, and miscellaneous supplies to support the operations. NOW, THEREFORE, BE IT RESOLVED that that the City Council of the City of National City hereby authorizes the acceptance of a Selective Traffic Enforcement Program (STEP) Grant from the California Office of Traffic Safety in the amount of $103,429 to conduct DUI and traffic -related enforcement operations, and for the purchase of one light tower/generator, three Light Detection and Ranging (LIDAR) Speed Detection Devices, four Preliminary Alcohol Sensing (PAS) Devices, and miscellaneous supplies to support the operations. PASSED and ADOPTED this 6th day of September, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia G. Silva City Attorney Ronni Zengota am: Dan Fabinski nt: Thursday, August 11, 2011 1:10 PM To: Ronni Zengota Subject: FW: Office of Traffic Safety 2012 Tentative Application Approval for eGrants ID 20319 Original Message From: eGrants@ots.ca.gov [mailto:eGrants@ots.ca.gov] Sent: Friday, July 08, 2011 4:20 PM To: Dan Fabinski Cc: Jose Tellez; Jeanette Ladrido; ron.johnson@ots.ca.gov Subject: Office of Traffic Safety 2012 Tentative Application Approval for eGrants ID 20319 Dear Dan Fabinski: Congratulations! Through a competitive process, the Office of Traffic Safety (OTS) has tentatively approved your funding request for the application titled "Selective Traffic iforcement Program" in the amount of approximately $103,429.00. It is our goal to have all new grants start no later than October 1, 2011. If approval from a City Council or the Board of Supervisors is required to accept grant funding, please begin this process now and notify your OTS coordinator of the status when your Coordinator contacts you. Do not incur grant reimbursable costs prior to the receipt of your official approval packet from OTS or before your grant start date. OTS may initiate a statewide media news release regarding 2012 applications selected for funding. Your agency should not publically announce this tentative award until the grant agreement is fully negotiated and signed by OTS. Your OTS Coordinator, Ron Johnson, will contact you soon to discuss the next steps in the grant agreement process. If you have any questions, Ron can be reached at 916-509-3016 or ron.johnson@ots.ca.gov. Again, congratulations on the sucess of your application. Sincerely, r'HRISTOPHER J. MURPHY rector ***This e-mail was generated by the OTS eGrants system. Please do not reply to this 1 NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: August 11, 2011 TO: Adolfo Gonzales, Chief of Police FROM: Dan Fabinski, Sergeant SUBJECT: California Office of Traffic Safety Grant Award; Council Resolution On February 16, 2011, I submitted an application for a Selective Traffic Enforcement Program (STEP) grant to the California Office of Traffic Safety (OTS). The grant application requested $103,428.84 in order to conduct DUI and traffic related enforcement operations and to purchase necessary equipment for those operations. The application was submitted electronically using OTS' new e-grants system. On July 8, 2011, I received a notification from the OTS stating that the grant request was approved in the amount of $103,429.00. The notification of the award was sent via the new e-grants system. The grant award is for the period of October 1, 2011 to September 30, 2012. The allocated funds to NCPD will be used for the following; • 11 DUI.DL checkpoint • 12 roving DUI saturation patrols • 8 red light enforcement operations • 8 speed enforcement operations • 6 intersection enforcement operations • 2 motorcycle safety enforcement operations • Purchase of 3 LIDAR speed detection devices • Purchase of 4 Preliminary Alcohol Screening (PAS) devices • Purchase of 1 light tower with generator • Purchase of miscellaneous supplies • Traffic related training Our assigned OTS regional coordinator is Ron Johnson. Mr. Johnson has advised me that the new e-grants system has numerous technical issues, which has delayed the OTS in providing formal grant documents. Mr. Johnson requested that the National City Police Department submit the grant application summary and the e-mail confirmation of the grant award to the National City Council for grant approval acceptance. Mr. Johnson stated tliis will ensure that the National City Police Department will be able to start grant funded operations and purchase grant related equipment without delay. OFFICE of TRAFFIC SAFETY eGrants ID: 20319 Agency: National City Department: Police Application Number Grant Type Federal Fiscal Year Type of Grant Applying Agency Department Title Brief Description Requested Amount APPLICATION SUMMARY 20319 Grants Made Easy FFY 2011/2012 GME STEP Overtime Only National City Police Selective Traffic Enforcement Program To reduce the number of persons killed and injured in crashes involving alcohol, speed, red light running, and other primary collision factors, "best practice" strategies will be conducted on an overtime basis. The funded strategies may include: DUI/driver license checkpoints to deter potential drunk drivers and to educate the public; DUI saturation patrols to apprehend drunk drivers; "HOT Sheet" program and court stings. The program may also concentrate on speed, aggressive driving, seat belt enforcement, intersection operations with disproportionate numbers of traffic crashes and special enforcement operations encouraging motorcycle safety. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. $103,428.84 INDIVIDUALS AUTHORIZING APPLICATION SUBMISSION Name Role Phone Email Jeanette Ladrido Fiscal Reviewer 619-336-4331 jladrido@nationalcityca.gov Jose Tellez Agency Authorizer 619-336-4513 jtellez@nationalcityca.gov 1 California Office of Traffic Safety CALIFQRNA OFFICE Qr TRAFFIC SAFETY eGrants ID: 20319 Agency: National City Department: Police CONTACT INFORMATION Agency National City Department Police Applicant Name Dan Fabinski Title Traffic Supervisor Primary Phone 619-336-4446 Primary Email dfabinski@nationalcityca.gov Address 1200 National City Blvd. National City, California 91950 United States `' California Office of Traffic Safety O GE OF TRAFFIC SAFETY eGrants ID: 20319 Agency: National City Department: Police GOALS AND OBJECTIVES GOALS To reduce the number of persons killed in traffic collisions. To reduce the number of persons injured in traffic collisions. To reduce the number of persons killed in alcohol -involved collisions. To reduce the number of persons injured in alcohol -involved collisions. To reduce the number of motorcyclists killed in traffic collisions. To reduce the number of motorcyclists injured in traffic collisions. To reduce the number of motorcyclists killed in alcohol -involved collisions. To reduce the number of motorcyclists injured in alcohol -involved collisions. To reduce hit & run fatal collisions. To reduce hit & run injury collisions. To reduce nighttime (2100 - 0259 hours) fatal collisions. To reduce nighttime (2100 - 0259 hours) injury collisions. To reduce fatal collisions at intersections. To reduce injury collisions at intersections. To reduce fatal collisions involving red light runners. To reduce injury collisions involving red light runners. To reduce fatal collisions where unsafe speed was the primary collision factor. To reduce injury collisions where unsafe speed was the primary collision factor. To increase seat belt use. OBJECTIVES NUMBER To conduct DUI/DL Checkpoints. Note: To enhance the overall deterrant effect and promote high visibility, be sure to issue an advance press release for each checkpoint operation. For combination DUI/DL checkpoints, departments Target number: 10 I California Office of Traffic Safety CALIFORNIA eGrants ID: 20319 OFFICE of TRAFFIC SAFETY Agency: National City Department: Police must issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Also, according to the Attorney General's Office all DUI/DL checkpoint operations must have signs reading "DUI/Driver's License Checkpoint Ahead." To maximize effectiveness, it may be necessary to conduct a checkpoint operation at more than one location on any given night. No occupant restraint citations will be issued at a checkpoint. OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre - approval will OTS fund checkpoint operations that begin prior to 1800 hours. To conduct _ DUI Saturation Patrols. Target number: 12 To conduct _ Court Sting operations to cite individuals driving from court after Target number: 0 having their license suspended or revoked. To issue a press release announcing the kick-off of the grant by November 15 of the first grant year. The press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. To use the following standard language in all press, media, and printed materials: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. To conduct Standardized Field Sobriety Testing (SFST) training for _ officers. Note: At least one sworn officer who has received NHTSA-certified SFST training should participate in each DUI/DL checkpoint conducted under this grant. Target number: 5 To submit a California Law Enforcement Challenge application to CHP according to instructions on the CHP website http://www.chp.ca.gov/features/clec.html by the last Friday of March in each grant year and submit a copy of the application to the Office of Traffic Safety. To collaborate with the county's "Avoid DUI Campaign" by: participating in all planning and scheduling meetings and MADD/Avoid DUI Seminars; providing your county Avoid Coordinator (Host) with your agency's schedule of operations that occur during any Avoid operational campaign period; and reporting daily, during holiday Avoid efforts, to the county Avoid Coordinator your agency's DUI arrests & DUI fatality information for the Avoid media campaign. To develop and maintain a "Hot Sheet" program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions by December 31 of the first grant year. Updated Hot Sheets will be distributed to patrol and traffic officers every three to four weeks. To issue a press release prior to each motorcycle safety enforcement operation to raise awareness about motorcycle safety in general and to draw attention to the motorcycle safety enforcement operations. The press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 l California Office of Traffic Safety CALIFORNIA. OFFICE OF TRAFFIC SAFETY eGrants ID: 20319 Agency: National City Department: Police days prior to the issuance date of the release. To conduct pre- and post -seat belt usage rate surveys during the months of October (start of the grant) and September (end of the grant) of each grant year. To increase total department -wide seat belt citations as a percent of total hazardous or moving citations issued _ percentage points from the Federal Fiscal Year base rate of Base Year Rate/Percentage: 26 Targeted percentage point increase: 0.1 Target number: 26.1 To increase the police department's enforcement index _ percentage points from the Federal Fiscal Base Year index of Target Number 1: 4 Target Number 2: 13 To conduct _ enforcement operations targeting red light running. Target number: 8 To conduct _ enforcement operations at or near intersections with a disproportionate number of traffic collisions. Target number: 6 To conduct _ enforcement operations targeting drivers exhibiting excessive speed. Target number: 8 To conduct _ highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or collisions resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning and other primary collision factor violations by motorcyclists and other drivers. Target number. 2 To email a draft of all grant -related activity press releases, media advisories, alerts and materials to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. (Media communications reporting the results of grant activities such as checkpoints and saturation patrols are exempt from this requirement.) To email the OTS Public Information Officer at pio@ots ca.gov, and copy your OTS Coordinator, at least 30 days in advance a short description of any significant grant related traffic safety event or program so that OTS has enough notice to arrange for attendance and/or participation in the event. To submit a draft or rough -cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer graphics, etc.) to the OTS Public Information Officer at pio@ots.ca.gov, and copy your OTS Coordinator, for approval 14 days prior to the production or duplication. To include the OTS logo, space permitting, on grant funded print materials; consult your OTS Coordinator for specifics relating to this grant. k I California Office of Traffic Safety CALIFORNIA OFFICE of TRAFFIC SAFETY eGrantslD: 20319 Agency: National City Department: Police APPLICATION BUDGET SUMMARY Personnel Costs Line Item Year 1 Overtime $82,555.84 Total by Line Item $82,555.84 Total by Category $82,555.84 Travel Expense Line Item Year 1 Total by Line Item In State $2,000.00 $2,000.00 Total by Category $2,000.00 Equipment Line Item Year 1 Equipment $0.00 Total by Line Item $0.00 Total by Category $0.00 Other Direct Costs Line Item Other Direct Costs Year 1 $18,873.00 Total by Line Item $18,873.00 Total by Category $18,873.00 TOTAL $103,428.84 $103,428.84 1 California Office of Traffic Safety CAtIFORri#A eGrants ID: 20319 OFFICE QF TRAFFIC SAFETY Agency: National City Department: Police PERSONNEL Regular APPLICATION BUDGET DETAIL Total All Total % Total All Total Positions Benefits Benefits Compensation Subtotal $ $ $ Benefits Budget Narrative: Total (Regular Positions And Benefits) Hourly Total All Total% Total All Total Positions Benefits Benefits Compensation $.. % $.... -$ Subtotal $ $ $ Benefits Budget Narrative: Total (Hourly Positions And Benefits) Overtime Total All Total % Total All Total Positions Benefits Benefits Compensation 10 DUI/DL Checkpoints @ $4071.05 $40,710.50 11.18% $4,551.43 $45,261.93 Benefits California Office of Traffic Safety CALIMMIA OFFICE of TRAFFIC SAFETY eGrants ID: 20319 Agency: National City Department: Police Worker's Compensation @ 9.73% Medicare @ 1.45% Overtime 12 DUI Saturation Patrols @ $765.30 Total All Total % Total All Total Positions Benefits Benefits Compensation $9,183.60 11.18% $1,026.73 $10,210.33 Benefits Worker's Compensation @ 9.73% Medicare @ 1.45% Overtime Total All Total % Total All Total Positions Benefits Benefits Compensation 8 Red Light Enforcement —.- $6,122.40 11.18% $684.48 $6,806.88 Operations @ $765.30 Benefits Worker's Compensation @ 9.73% Medicare @ 1.45% Overtime 8 Speed Enforcement Operations @ $765.30 Total All Total % Total All Total Positions Benefits Benefits Compensation $6,122.40 11.18% $684.48 $6,806.88 Benefits Worker's Compensation @ 9.73% Medicare @ 1.45% California Office of Traffic Safety CAdlfDati OFFICE ar TRAFFIC SAFETY eGrants ID: 20319 Agency: National City Department: Police Overtime 6 Intersections with Disproportionate Traffic Collision Operations @ $765.30 Total All Total % Total All Total Positions Benefits Benefits Compensation $4,591.80 11.18% $513.36 $5,105.16 Benefits Worker's Compensation @ 9.73% Medicare @ 1.45% Overtime 6 Distracted Driving Enforcement Operations @ $765.30 Total All Total % Total All Total Positions Benefits Benefits Compensation $4,591.80 11.18% $513.36 $5,105.16 Benefits Worker's Compensation @ 9.73% Medicare @ 1.45% Overtime 2 Motorcycle Safety Enforcement Operations @ $1465.86 Total All Total % Total All Total Positions Benefits Benefits Compensation $2,931.72 11.18% $327.77 $3,259.49 Benefits Medicare @ 1.45% Worker's Compensation @ 9.73% Subtotal $74,254.22 $8,301.62 $82,555.84 Total (Overtime Positions And Benefits) $82,555.84 1 California Office of Traffic Safety 11 CALIFORNIA. OFFICE of TRAFFIC SAFETY eGrants ID: 20319 Agency: National City Department: Police TRAVEL In State Travel Total For In State Travel $2,000.00 Includes local mileage for grant activities/meetings attended by appropriate staff. Travel shall be claimed at the agency -approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. Additional Anticipated Travel: Costs associated for appropriate staff to attend conferences and training events supporting the grants goals and objectives and/or traffic safety. Examples of anticipated travel include OTS conferences, the OTS Police Traffic Safety Summit, etc. Justification for Additional Travel: Quality traffic safety and DUI related training is essential for traffic officers. Officers learn and experience up to date traffic safety theories, current trends and best practice strategies they can then effectively apply to their own jurisdictions. Out Of State Travel Total For Out Of State Travel Travel shall be claimed at the agency -approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. Additional Anticipated Travel: Justification for Additional Anticipation Travel: )TA TRAVE COST: CONTRACTUAL SERVICES' Description 0 Total Contractual Services Costs Narrative: EQUIPMENT Description KS V. Total Equipment Costs 1 California Office of Traffic Safety GAU ORN C1 FI E or TRA 1C $AfETY eGrants ID: 20319 Agency: National City Department: Police $ Justification: PM OTHER DIRECT COSTS Description 1 DUI Checkpnt Spplies @ $1000.00 Total Other Direct Costs $1,000.00 Supplies to conduct sobriety checkpoints. Include cones, signage, reflective vests (maximum of 10), generator, lighting, reflective banners, flares, PAS device supplies, heater, fan and canopy. Additional items may be purchased if approved by OTS. Justification: Checkpoint supplies - such as reflective vests, cone carts, lighted traffic wands, canopy, etc. for the safe operation of checkpoints. Description Total Other Direct Costs 1 Portable Light Tower @ $3000.00 $3,000.00 For use at DUI/DL checkpoints to illuminate a wide area for visibility and officer safety. Consists of high intensity lights on a telescoping shaft, stabilized on a tripod. May include a generator and accessories to make it usable for grant purposes. Justification: Lentry Tight tower with generator - needed to illuminate checkpoint locations for safe operation of checkpoints. They are portable, versatile power and light systems for remote scene lighting. Description Total Other Direct Costs 4 PAS Device/Calibrtn @ $568.25 $2,273.00 Preliminary Alcohol Screening Devices used by law enforcement to detect the presence of alcohol in a persons breath during DUI enforcment activities. PAS calibration units are used to ensure accuracy of the device. t f California Office of Traffic Safety CALIFO NIA OFFICE or TRAFFIC SAFETY eGrantsID: 20319 Agency: National City Department: Police Justification: The PAS device is a hand-held, portable breath testing unit that gives an instant and accurate measure of blood alcohol concentration. They will be used at DUI checkpoints and patrols and other grant related operations. Description 3 LIDAR Device @ $4200.00 Total Other Direct Costs $12,600.00 Light Detection And Ranging Devices (LIDAR) measure the speed of motorists and are used by law enforcement for speed enforcement operations. Justification: LIDAR device will be used for down the road speed measuring. This equipment will be used for speed enforcement operations, DUI saturation patrols, motorcycle enforcement operations and other traffic safety related grant operations. RE INDIRECT COSTS Description TOTAL APPLICATION COSTS Total Indirect Costs $ 103,423.84 12 1 California Office of Traffic Safety CAUFQRNiA OFFICE of TRAFFIC SAFETY eGrantsID 20319 Agency: National City Department: Police UPLOAD LIST The following pages contain the following uploads provided by the applicant: Upload Name Problem Statement and Method of Procedure California Office of Traffic Safety PROBLEM STATEMENT AND METHOD OF PROCEDURE GRANTS MADE EASY - STEP OVERTIME ONLY PROBLEM STATEMENT Using local data (not OTS Rankings or SWITRS), complete the table below. Collisions Victims Collisions Victims Collisions Victims Fatal 1 3 3 4 4 Injury 206 290 195 258 199 268 njured Tal Fatal Injrry Alcohol Involved 7 10 10 15 16 17 Hit and Run 18 22 1 17 1 22 13 13 Nighttime (2100-0259 hours) 24 31 25 31 21 25 PROVIDE DETAILED ANSWERS TO THE FOLLOWING QUESTIONS AS PART OF THE PROBLEM STATEMENT: 1. Describe current traffic unit complement (number of personnel and classifications). If applicable, describe how the size of the traffic unit has fluctuated in the past five years and why. The NCPD Traffic Unit presently consists of one sergeant, three police officers and one non -sworn Serious Traffic Offender Program (STOP) coordinator. The sergeant and three police officers are all assigned police motorcycles for traffic enforcement. The Traffic Unit's third motor officer position, third motorcycle and related equipment was added in September 2007 with the funds obtained from OTS grant AL0817. The Traffic Unit had also been responsible for parking related issues. However, in July 2010, the three parking enforcement officer positions and the two abandoned vehicle abatement officer positions were reassigned to National City's Community Services Department located outside the Police Department in City Hall. The purpose for this change was for cost savings. 2. How many sobriety checkpoints did your department conduct between October 1, 2009 and September 30, 2010? (Include checkpoints from all funding sources, i.e. OTS grants or mini -grants, and department funded). Office of Traffic Safety — eGrants (Rev. 11/10) Page 1 PROBLEM STATEMENT AND METHOD OF PROCEDURE GRANTS MADE EASY - STEP OVERTIME ONLY OTS Grant Number NA Number of Checkpoints (Not Avoid) 0 AVOID the 14; AL0939 Number Of Checkpoints In Your Jurisdiction 1 Mini -Grant Number SC10279 Number of Checkpoints 8 Number of Department Funded Checkpoints (Not OTS Funded) 0 Additional information: Two (2) additional sobriety checkpoints were conducted in National City during this time period in connection with the Chula Vista Police Departments DUI Prosecution Grant OTS # AL0948. 3. What is the average number of DUI arrests per checkpoint? Two 4. Does your Agency participate in an AVOID DUI program? (If yes, complete 4a). O. Yes C. No a. AVOID the 14 DUI Campaign in San Diego County 5. What percent of your DUI arrests between October 1, 2009 and September 30, 2010 were made as a result of a collision? 16% 6. What percent of your total fatal and injury collisions between October 1, 2009 and September 30, 2010 occurred at intersections? 79% 7. Describe the problem caused by red light running in your city. The majority of all of National City's fatal and injury traffic collisions occurred at intersections. The city had a total of 187 fatal or injury collisions; 148 of these collisions occurred at intersection; of which, 31 collisions (17%) were the result of red light running. It is suspected that many more of the intersection collisions were attributed to red light running, however, due to the often conflicting statements of involved parties and witnesses, it is inappropriate to cite the red light running as the primary collision factor. Therefore, another primary collision factor, such as a right of way violation, is often used. National City is evaluating the use of red light enforcement cameras at three major intersections in the City in an effort to reduce red light running traffic collisions. 8. What are your primary collision factors? #1- Speed; #2 - Right of way violation; #3 - Improper turn. 9. Seat belt citations make up what percent of all hazardous citations issued? 26% 10. How many "hand held" cell phone usage while driving citations did your department issue between October 1, 2009 and September 30, 2010? 339 Office of Traffic Safety — eGrants (Rev. 11/10) Page 2 PROBLEM STATEMENT AND METHOD OF PROCEDURE GRANTS MADE EASY - STEP OVERTIME ONLY 11. How many "texting" while driving citations did your department issue between October 1, 2009 and September 30, 2010? 9 METHOD OF PROCEDURE Phase I: Program Preparation, Training and Implementation (1st Quarter of the Grant Year) • The police department will develop operational plans to implement the "best practice" strategies outlined in the objectives section. • A draft news release will be submitted to OTS to announce the grant program. • All training needed to implement the program will be conducted this quarter. • All grant related purchases needed to implement the program will be made this quarter. • In order to develop the "Hot Sheets", research will be conducted to identify the "worst of the worst" repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The Hot Sheets may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. Hot Sheets will be updated and distributed to traffic and patrol officers every three to four weeks. • Implementation of the STEP program will be accomplished by deploying personnel at high collision locations. • DUI/Driver's License checkpoint site locations will have a history of significant alcohol involved collisions and/or DUI arrests. Phase II: Community Awareness (Throughout Grant Period) • The police department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Phase III: Data Collection & Reporting (Throughout Grant Period) • The police department will submit a Quarterly Performance Report (QPR) and a separate quarterly data reporting form within 30 days following each calendar quarter. • The final QPR, Data Form, Claim and Executive Summary are due to OTS 30 days following the grant's termination. • Reports shall be completed in accordance with OTS requirements specified in the Grant Program Manual, Chapter 7, and submitted in compliance with the signed Acceptance of Conditions and Certifications (OTS-33) included within this agreement. Office of Traffic Safety — eGrants (Rev. 11/10) Page 3 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT EETING DATE: September 6, 2011 AGENDA ITEM NO. 14 'ITEM TITLE: Resolution of the City Council of the City of National City approving a service agreement by and between the City of National City, Willis Insurance Services of California, Inc and Paychex Benefit Technologies, Inc. dba Bene Trac for the procurement and deployment of an electronic enrollment and administrative system for group employee benefits. PREPARED BY: Stacey Stevenson DEPARTMENT: �; -� • -so ces PHONE: 336-4308 APPROVE. EXPLANATION:, The City's contracted employee benefits broker, Willis Insurance Services of California, Inc has agreed to procure, on behalf of the City of National City, a web -based electronic enrollment and administration system for employee benefits. Through this system, employees will be able to register for, update and monitor their employee medical and dental benefits as well as other ancillary benefits. The installation and use of such a system is consistent with the City Council's goals for technology and automation enhancements, eliminating the current paper and staff intensive process and allowing employees direct access to their benefits information via the internet. As noted the system is being procured by the City's benefits broker at no cost to the City. • FINANCIAL STATEMENT: no fiscal impact APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the agreement BOARD / COMMISSION RECOMMENDATION: N/A AACHMENTS: Bement Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SERVICE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY, WILLIS INSURANCE SERVICES OF CALIFORNIA, INC., AND PAYCHEX BENEFIT TECHNOLOGIES, INC., DBA BENE TRAC, FOR THE PROCUREMENT AND DEPLOYMENT OF AN ELECTRONIC ENROLLMENT AND ADMINISTRATIVE SYSTEM FOR GROUP EMPLOYEE BENEFITS WHEREAS, National City's contracted employee benefits broker, Willis Insurance Services of California, Inc., has agreed to procure, on behalf of the City of National City, an Internet -based Electronic Enrollment And Administration System for employee benefits, that will enable employees to register for, update, and monitor their employee medical and dental benefits, as well as other ancillary benefits; and WHEREAS, the installation and use of such a system is consistent with the City Council's goals for technology and automation enhancements that eliminate the current paper and staff intensive process, and allow employees direct access to their benefits information via the Internet. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Service Agreement by and between the City of National City, Willis Insurance Services of California, Inc., and Paychex Benefit Technologies, Inc., DBA Bene Trac, for the procurement and deployment of an Electronic Enrollment and Administrative System for group employee benefits. Said Service Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of September, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Service Agreement This Service Agreement ("Agreement") is made this 23rd day of June, 2011, by and among Paychex Benefit Technologies, Inc. dba BeneTrac, (PBT), Willis Insurance Services of California, Inc. (Consultant) and City of National City (Client). PBT, Consultant and Client are sometimes hereinafter referred to individually as "party" and collectively as "parties". RECITALS A. PBT has developed and owns a proprietary service commonly known as the BeneTrac Service, which is an Internet deployed electronic enrollment and administrative system for group employee benefits ("BeneTrac Service"). B. Client desires to utilize the BeneTrac Service for its group employee benefits enrollment and administration. C. Consultant is a broker providing insurance brokerage services to Client. D. Consultant agrees to distribute, PBT agrees to implement and administer and the Client agrees to use the BeneTrac Service on the terms and conditions set forth in this Agreement. OPERATIVE PROVISIONS 1. Incorporation of Recitals The Recitals are incorporated by this reference as though fully set forth herein. 2. BeneTrac Service The BeneTrac Service is deployed via the Internet and is categorized as an electronic enrollment and administration system for group employee benefits. The following features constitute the BeneTrac Service in accordance with the employee benefit plans as provided by Client or authorized representative: (a) Employee, spouse and dependent demographic information, as provided by such persons or the Client authorized representative; (b) Employee eligibility tracking; (c) Secure employee access for self service; (d) Open enrollment transactions; (e) New hire enrollment transactions; (t) Life event enrollment transactions; (g) Online benefit descriptions; (h) Monthly enrollment transaction comparison of insurance carrier list bills with PBTs database of online, enrollments; (i) If requested by Client or Consonant, PBT will provide data to third -party administrators such as: (1) Payroll Services; (2) Human Resource Information Systems; (3) COBRA Administrators; and (4) Consolidated billing record -keepers. For integration of existing data feeds, we provide specifications for input and output and up to 8 hours of technical support. Additional support will be billed at $150,00 per hour (j) Custom reports including comprehensive data extracts; and (k) Attempt to establish electronic transmission of enrollment transactions to the Client's insurance carriers or service providers. For purposes of Section 2(k), PBT will make reasonable efforts to provide a file feed to any insurance carrier or service provider that agrees to receive one and supports a re- usable file format. PBT shall bear no financial responsibility for any insurance carrier or service provider that is unable to establish or maintain a reliable and re -usable data exchange process. PBT will seek Consultant's assistance to encourage insurance carriers or service providers to engage in re -usable data exchange process if not available. 3. PBT Responsibilities PBT shall have the following responsibilities in connection with the BeneTrac Service: (a) Initial population and Plan setup; (b) Reconciliation of initial demographic and enrollment data; (c) Delivery of eligibility and enrollment data to the Client's insurance carriers and service providers as authorized by the Parties, in accordance with the capabilities and approval of the Client's carriers and/or service providers. PBT shall inform Client if a data transmission to one of the above mentioned providers in 3(c) is terminated due to the discovery of an unreliable data exchange process; (d) Teleconference training of primary users of the BeneTrac Service; (e) Maintenance of an on-line Help system; (f) Monthly comparison of PBT's database of online enrollment transactions with the insurance carriers' list bills. Identified discrepancies will be communicated promptly to Client and/or Consultant for informational purposes only. Resolution of any discrepancies is the sole responsibility of Client and/or Consultant; (g) Compliance with PBT's Data Privacy Policy (Exhibit A); and (h) Maintaining continuous access to the BeneTrac Service as defined in Section 16 of this document. CLIENT AND CONSULTANT UNDERSTAND AND ACKNOWLEDGE THAT PBT IS NOT AN ADMINISTRATOR OF CLIENT'S PLAN UNDER THE CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT OF 1985 ("COBRA`). CLIENT AND/OR CONSULTANT ACKNOWLEDGE(S) THAT THE BENETRAC SERVICE AND THE PERFORMANCE OF THE BENETRAC SERVICES BY PBT DOES NOT AND IS NOT INTENDED TO MAKE PBT THE "PLAN ADMINISTRATOR", "PLAN SPONSOR' OR OTHER "FIDUCIARY" UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT ("ERISA") OF 1974, AS AMENDED, OR OTHERWISE OF ANY PLAN, AND CLIENT SHALL NOT IDENTIFY OR REFER TO PBT OR ANY OF ITS AFFILIATES AS SUCH. PBT HAS NO DISCRETIONARY AUTHORITY OR DISCRETIONARY RESPONSIBILITIES IN THE ADMINISTRATION OF CLIENT'S COBRA PLANS. PBT does not own any data, information or material that Client/Consultant submits to Benetrac in the course of using the Benetrac Service. As such, PBT shall not have any obligation to verify or determine the accuracy, validity or completeness of information provided by Client or Client's plan administrator, including the hire and termination date of any of Client's employees, and shall not be responsible for errors, delays or additional costs resulting from the receipt of inaccurate, invalid, incomplete or untimely information or information provided in an unacceptable format or media. PBT is not required, under the terms of this Agreement, to review Client's actions or those of Client's plan administrator(s). Furthermore, PBT will not incur any liability by taking or permitting any actions on the basis of any of Client's actions or those of Client's plan administrators) or for carrying out Client's directions or that of Client's plan administrator. 4. Client's Responsibilities a. Client's designated users shall use the system in accordance with the following guidelines: (a) Provide PBT with initial data in accordance with PBTs standard data import requirements, including all employee and dependent demographic data and current 1 Client and Consultant initial here enrollment elections. If data is not submitted in electronic format, copies of employees' paper enrollment forms will be accepted; however, there is a nominal fee of $ 1 per enrollment per line of coverage to cover the administrative costs of manual data entry, (b) Provide all information necessary to assist in initial Client setup in accordance with the PBT implementation schedule; (c) Assign a trained user(s) to perform administrative enrollment tasks and to resolve all data discrepancies after training to facilitate electronic data integration; (d) Approve all data changes prior to the next regularly scheduled data transmission; (e) Upon confirmation of an electronic connection, make all enrollment and demographic changes through the BeneTrac Service only, unless otherwise instructed; (1) Upon implementation of an Employee Benefit Plan using alternate (non -electronic) methods of submitting enrollments, Client is responsible for updating PBT with all enrollment and demographic changes, unless changes will be made by PBT, in accordance with a prior written agreement between PBT and Client, detailing such arrangements; (g) Ensure confidentiality of Employer I.D., User Names and Passwords; (h) Use only PC or Mac based hardware and Microsoft operating systems; and (i) Verify that all eligibility restrictions, effective date and premium calculations, and all other specific plan rules are in place and working correctly after initial implementation, and after any Client directed changes. Client initial here b. Client must provide PBT with copies of all of Clients carrier list bills for a minimum of ninety (90) days after each electronic feed is established and again for 90 days after each connected carrier renewal. Client initial here c. Client (or Consultant, if so authorized,) is responsible for all activity occurring on Client's website and shall abide by all applicable local, state, national and foreign laws and regulations in connection with Client's use of the Benetrac Service, including, without limitation, those related to COBRA, the Internal Revenue Code of 1986, as amended, ERISA, data privacy, international communications and the transmission of technical or personal data. Client and/or Consultant shall notify PBT promptly of any unauthorized use of any password or user name or any other known or suspected breach of security. Client initial here 5. Consultant's Responsibilities As the Distributor of the BeneTrac Service to the Client, Consultant's responsibilities include: (a) Arrange for payment of a non- refundable implementation fee as described in the Fee Schedule Addendum; (b) Provide all information necessary to assist in initial Client setup in accordance with the PBT implementation schedule; (c) Provide detailed plan descriptions to PBT for posting on Client's website; (d) Arrange altemate funding, when applicable, from carriers or other sources for Client's use of the BeneTrac Service; (e) Assist PBT and Client to encourage insurance carriers and/or service providers to send and receive electronic eligibility data; (f) Never misrepresent the BeneTrac Service or its features, nor provide any warranties or guarantees beyond PBTs warranties or guarantees; and (g) Adopt PBT Data Privacy Policy or one comparable in scope (Exhibit A). Consultant initial here 6. Term and Termination a. Term. The Term of this agreement shall commence when Client's Primary User(s) have been trained and the BeneTrac Service has been made available for use by Client/Consultant and remain in effect one year therefrom. In the event that the consultant is paying all or a portion of the cost of the BeneTrac service on behalf of Client, the term shall remain in effect until the consultant's next renewal date. The Term is automatically renewable unless PBT elects to make changes to the conditions of use. If PBT elects to make such changes, including but not limited to rate changes, PBT will provide written notice to Client no less than sixty (60) days before the end of the Term. Any changes and/or additions to funding shall be provided to PBT in writing within ten (10) days of such change. In the event that the consultant ceases funding, Client has the option to continue the service and provide new funding instructions to PBT or terminate the BeneTrac service immediately. / Client and Consultant initial here b. Automatic Termination. This Agreement will automatically terminate and all rights to the BeneTrac Service shall be automatically revoked upon any parties' (i) filing of a petition for bankruptcy protection and/or an adjudication of bankruptcy under any bankruptcy or insolvency law; (ii) commission of a receiver for its business or property, (iii) the making of any general assignment for the benefit of creditors, or (iv) a change to the Consultant. c. Effect of a Consultant Chance. Upon a change to the Client's Consultant, a new Service Agreement shall be executed by the parties under the then current pricing schedule for the new Consultant. The new Consultant shall submit a $250 transfer fee to PBT within ten (10) days of the change, together with the new Service Agreement executed by the parties. If the former Consultant was responsible for funding the monthly BeneTrac Service Fees on behalf of Client, the Client or new Consultant shall submit the current month's Service Fee to PBT in order to continue uninterrupted service to Client. PBT reserves the right to temporarily suspend Client's arress to the BeneTrac Service until the conditions set forth in this Section 6(c) are met. If the conditions are satisfied within twenty (20) days from the date of suspension of Client's access, PBT shall not assess additional fees. If the Consultant change is accompanied by any billable event, as outlined in the Fee Schedule Addendum, applicable fees will apply. No refund of PBT fees will be made for any period the Client was denied access to the BeneTrac Service as a result of a failure by the new Consultant or Client to comply with this Section 6(c). If thirty-one (31) or more days have transpired prior to meeting the conditions set forth above, Client's data will be purged from the PBT system and any subsequent re -instatement will be subject to Implementation Fees as generally required by a new Client. d. Termination for Cause. Except as otherwise set forth herein, this Agreement may be terminated by any party upon thirty (30) days written notice for the material breach of this Agreement by any other party, which breach has remained uncured for a period of thirty (30) days from the date of written notice thereof, provided that if the material breach cannot reasonably be cured within thirty (30) days, the breaching party must commence to cure within the thirty (30) day period and diligently prosecute the cure until the breach is cured. Upon an alleged material breach, the aggrieved party shall provide written notice to all parties of the alleged material breach. e. Nonpayment or Delinquent Payment of Fees. Any invoice delinquent in excess of forty-five (45) days shall be subject to a late fee of one and a half percent (1.5%) per annum and may be cause for termination of service. PBT shall notify Client at least five (5) business days before any termination action is taken. f. Termination by Any Party. Notwithstanding any other provision of this Agreement, this Agreement may be terminated by any party without cause upon forty-five (45) days prior written notice to the other parties. ! Client and Consultant initial here g. Effect of Expiration or Termination. Upon the expiration or termination of this Agreement for any reason, all rights granted hereunder shall immediately terminate and any fees due to PBT shall be immediately due and payable. Client and/or Consultant shall promptly (i) remove all the BeneTrac Service components from the Client's web site, (ii) at PBTs discretion, remove any 2 / Client and Consultant initial here references to PBT marks, and (di) return to PBT any materials and/or documents, regardless of form, provided by PBT to Client pursuant to this Agreement. 7. Data Authorizations Enrollment data will be shared when applicable with the Consultant, insurance carriers and third party administrators as authorized by the Client. 8. Rate Guarantee This Agreement must be signed by all parties and returned to PBT within thirty (30) days of the date on page one in order to lock in the current quoted rates. After thirty (30) days, if PBT has made any changes to pricing, the new terms will apply. Monthly fees may be adjusted upon annual renewal of this Agreement. 9. Confidentiality a. Confidential Information. Each party (the "Disclosing Party") may from time to time during the Term of this Agreement disclose to the other party(ies) (the "Receiving Party(ies)") certain non-public information regarding the Disclosing Party's business, including technical, marketing, financial, personnel, planning, and other information (the "Confidential Information"). The Disclosing Party shall mark all such Confidential Information in tangible form with the legend 'confidential', 'proprietay, or with similar legend. With respect to Confidential Information disclosed orally, the Disclosing Party shall describe such Confidential Information as such at the time of disclosure. The parties shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996, and its implementing regulation, the Standards for Privacy of Individually Identifiable Health Information (45 C.F.R., part 160 and part 164, subparts A and E), future amendments to the implementing Regulation, (hereinafter the HIPAA Privacy Rule), and the electronic data interchange requirements of HIPAA and the regulations issued thereunder (45 C.F.R. parts 160 and 162). b. Protection of Confidential Information. Except as expressly permitted by this Agreement, the Receiving Party(ies) shall not disclose the Confidential Information of the Disclosing Party and shall use the same degree of care that the Receiving Party(ies) ordinarily uses to protect its/their own proprietary information, but in no event with less than reasonable care. The Receiving Party(ies) shall not use the Confidential Information of the Disclosing Party for any purpose not expressly permitted by this Agreement, and shall limit the disclosure of the Confidential Information of the Disclosing Party to the employees or agents of the Receiving Party(ies) who have a need to know such Confidential Information for purposes of this Agreement, and with respect to agents who are recipients of the Confidential Information of the Disclosing Party, who are bound in writing by confidentiality terms no less restrictive than those contained herein. The Receiving Party(ies) shall provide copies of such written agreements to the Disclosing Party upon request; provided, however, that such agreement copies shall themselves be deemed the Confidential Information of the Receiving Party(ies). c. Exceptions. Notwithstanding anything contained herein to the contrary, Confidential Information shall not be deemed to include any information that: (a) was already lawfully known to the Receiving Party(ies) at the time of disclosure by the Disclosing Party as reflected in the written records of the Receiving Party(ies); (b) was or has been disclosed by the Disclosing Party to a third party without obligation of confidence; (c) was or becomes lawfully known to the general public without breach of this Agreement; (d) is independently developed by the Receiving Party(ies) without access to, or use of, the Confidential Information; (e) is approved in writing by the Disclosing Party for disclosure by the Receiving Party(ies); (f) is required to be disclosed in order for the Receiving Party(ies) to enforce its/their rights under this Agreement; or (g) is required to be disclosed by law or by the order of a court or similar judicial or administrative body, including as part of any filing with the Securities Exchange Commission; provided, however, that the Receiving Party(ies) shall notify the Disclosing Party of such requirement promptly and in writing, and shall cooperate reasonably with the Disclosing Party, at the Disclosing Party's expense, in obtaining of a protective or similar order with respect thereto. d. Retum of Confidential Information. The Receiving Party(ies) shall retum to the Disclosing Party, destroy or erase all Confidential Information of the Disclosing Party in tangible form: (a) upon the written request of the Disclosing Party; or (b) upon the expiration or termination of this Agreement, whichever comes first, and in both cases, the Receiving Party(ies) shall, upon request of the Disclosing Party, certify promptly and in writing that it/they has/have done so. e. Enrollment Data and History. In the event that PBT ceases doing business, Client is entitled to all enrollment data and history collected by PBT under this Agreement. 10. Warranties Each Party represents and warrants to the other that: (i) It has full power and legal right to execute and deliver this Agreement and to perform its obligations under this Agreement; (ii) The execution, delivery and performance of this Agreement have been authorized by all required action(s), corporate or otherwise, and do not violate or conflict with any provisions of its charter, bylaws or other organizational documents, or any of its contractual obligations or requirements of law binding on it; (iii) This Agreement constitutes a legal, valid and binding obligation, enforceable against it in accordance with its terms and conditions; and (iv) it has, and shall maintain in full force and effect throughout the term of this Agreement, all governmental permits, licenses and authorizations required on its part to perform its obligations under this Agreement. EACH PARTY UNDERSTANDS AND AGREES THAT ALL INFORMATION, TECHNOLOGY AND SERVICES ARE PROVIDED AS -IS AND, EXCEPT AS SPECIFICALLY SET FORTH HEREIN AND IN THE SCHEDULES ATTACHED HERETO, EACH PARTY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON -INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein and in the Schedules hereto. PBT makes no representation or warranty that the BeneTrac Service is free from any infringement of any patent or proprietary rights of others, except that PBT is not aware, as of the PBT signature date of any claim or charge of any such infringement. 11. Remedies All parties acknowledge that any breach by any party other than the failure by Client and/or Consultant to pay PBT any fees due hereunder, may cause irreparable harm for which there is no adequate remedy at law and, in the event of such breach, the non - breaching party shall be entitled to seek injunctive and/or other equitable relief. 12. Limitation of Liability 3 / Client and Consultant initial here LIMITATION OF PBT'S LIABILITY. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR OTHERWISE AND EXCEPTING HEREFROM DAMAGES INCURRED BY PBT ARISING OUT OF THE INFRINGEMENT OF PBTS INTELLECTUAL PROPERTY, NO PARTY SHALL BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR ANY MATTERS BEYOND ITS REASONABLE CONTROL (HOWEVER ARISING, INCLUDING NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AGAINST PBT ARISING OUT OF OR IN CONNECTION WITH THE LOSS OF DATA, THE PERFORMANCE OF PBT'S PROPERTY AND/OR TECHNOLOGY OR ANY OTHER MATTERS RELATED TO THE BENETRAC SERVICE, THE CLIENT'S SITE OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY PBT PURSUANT TO THIS AGREEMENT. IN ANY EVENT, PBT SHALL NOT BE LIABLE TO CLIENT AND/OR CONSULTANT IN AN AMOUNT GREATER THAN THE AMOUNTS ACTUALLY PAID BY CLIENT AND/OR CONSULTANT TO PBT FOR SERVICES RENDERED FOR THE THEN PREVIOUS TWO (2) MONTHS HEREUNDER. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION 12 DOES NOT APPLY TO DAMAGES SUFFERED BY PBT AS A RESULT OF CLIENT OR CONSULTANT BREACH OF SECTION 9 ABOVE OR ANY OTHER INFRINGEMENT OF PBT'S INTELLECTUAL PROPERTY. 13. Indemnity a. PBT shall, at its own expense, defend or settle any claim, action or allegation brought against the other party(ies), and its employees, officers, directors, contractors or agents (the Indemnified Party(ies)) to the extent it is based on a claim that Indemnified Party's use of the BeneTrac Service in accordance with the terms of this Agreement infringes or violates any United States patent, copyright, trademark or trade secret of any third party and shall pay any final judgments awarded or settlements entered into; provided that the Indemnified Party provides PBT with (i) prompt written notice of such claim or action, (ii) sole control and authority over the defense or settlement of such claim or action and (iii) information and reasonable assistance, at the Indemnified Party's expense, to defend and/or settle any such claim or action. The foregoing obligation does not apply to PBT with respect to the BeneTrac Service or portions or components thereof or services (i) not supplied by PBT (e.g. third party software, services telecommunications or technology); or (ii) that are combined with other products, processes or materials not supplied by PBT where the alleged infringement relates to such combination. PBT shall also not have any obligation with respect to further damages arising from Client's and/or Consultant's continued use of infringing intellectual property after PBT has provided and implemented modifications to the BeneTrac Service, as applicable, that do not continue to infringe upon or misappropriate the third party's claimed rights, and PBT has notified Client and Consultant in writing that the purpose of the modification is to avoid further infringement or misappropriation. THIS SECTION 13(a) STATES PBT'S SOLE OBLIGATION AND THE INDEMNIFIED PARTY'S EXCLUSIVE REMEDY WITH RESPECT TO ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS BY THE BENETREC SERVICE OR ANY PART OR COMPONENT THEREOF. b. Client and Consultant each agrees to indemnify and hold PBT and its employees, officers, directors, contractors or agents (the Indemnified Party(ies)), harmless from and against all losses, damages and expenses, including reasonable attorney's fees, in connection with (a) Client or Consultant's acts, omissions or misrepresentations (b) any breach of any covenant or agreement to be performed by Client or Consultant under this Agreement, provided that PBT provides the Client or Consultant with (i) prompt written notice of such claim or action, (ii) sole control and authority over the defense or settlement of such claim or action and (iii) proper and full information and reasonable assistance to defend and/or settle any such claim or action. c. Client and Consultant agree to defend, indemnify and hold harmless PBT, its affiliates and their directors, officers, employees, legal representatives, agents, successors, and assigns from and against all claims, losses, liabilities, damages, demands, lawsuits, causes of action, costs and expenses (including reasonable attorneys' fees and costs) (collectively "Losses") as a result of Client's or Consultant's failure to comply with the requirements under COBRA. 14. Proprietary Rights PBT retains all of its rights, title to, and ownership of all copyrights, trade secrets, and all other intellectual property relating or applying to the BeneTrac Service and any improvements or enhancements. Unless otherwise expressly set forth in this Agreement, Client or Consultant have no right, title, or ownership interest in the BeneTrac Service, and shall not copy, reproduce, reverse engineer, decompile, disassemble or otherwise use all or part of the BeneTrac Service. Upon termination of this Agreement, Client and Consultant shall immediately cease use of any of PBTs copyrights, trade secrets, and all other intellectual property related or applying to the BeneTrac Service and any improvements or enhancements thereto. Client or Consultant may not alter, modify, or change the BeneTrac Service without the prior written consent of PBT. Client or Consultant may use the trademarks or trade names as expressly permitted in writing by PBT and subject to compliance to PBTs trademarkltradename use policies. Client and Consultant acknowledge the validity of the trademarks and trade names and PBT's ownership of the trademarks and trade names and agree not to challenge PBTs rights to use the trademarks and trade names that PBT uses in connection with the BeneTrac Service and to indicate by the proper symbol that all such trademarks or trade names are proprietary in nature to PBT. Upon termination of this Agreement, Client and Consultant shall immediately cease use of any of PBT's trademarks and/or tradenames. Client and Consultant agree not to use the trademark, trade names, or other marketing of PBT or any confusingly similar work or symbol, as part of their own name or the names of the products they market without PBTs consent, which may be withheld at PBT's absolute discretion. 15. Taxes Any fees due to PBT pursuant to this Agreement are exclusive of, and Client and Consultant shall pay and shall indemnify and hold PBT harmless against, any liability for any sales, use, property, license, value added, withholding, excise or similar tax, whether federal, state, or local, that may be imposed or assessed in connection with the BeneTrac Service, its delivery, use or possession. 16. Service Level Agreement a. Service Level Standards. PBT guarantees ninety-nine percent (99%) uptime of the BeneTrac system. Uptime is defined as available use of the BeneTrac system. b. Report. When Client is not able to access the BeneTrac system, Client must notify PBT and open a ticket with PBT reporting such non-compliance of the system (Report). In order to receive a credit for the non-compliance of the BeneTrac system, in the amount detailed in subparagraph c in this Section 16, Client must report the non-compliance by calling Customer Support or e-mailing PBT at support@benetrac.com and making a request in writing for a credit from PBT within five (5) days of completing the report. Upon 4 / Client and Consultant initial here receiving Client's request in writing, PBT will determine, in its reasonable commercial judgment, whether the BeneTrac Service was unavailable, and make an appropriate credit in accordance with subparagraph c in this Section 16. c. Credit. In the event PBT is unable to achieve the Service Level Standard, as set forth in subparagraph a of this Section 16, for any one month, PBT will provide a credit, subject to subparagraph b of this Section 16, based on the downtime experienced by Client, equal to the following: each hour of downtime in excess of the guarantee shall constitute an hour of credit. All credits will appear as a line item on the monthly invoice following the non-compliance. d. Events Beyond Control of PBT. The Service Level Standard measurements outlined in subparagraph a of this Section 16 does not include downtime resulting in whole or in part from one or more of the following causes: (i) Any act or omission on the part of Client or Consultant or their respective officers, directors, employees, contractors insurance carriers, or other agents; (ii) Client or Consultant's applications, equipment, or facilities including any third party equipment; (iii) PBT or Client scheduled maintenance; (iv) Labor strikes; (v) Force majeure events beyond reasonable control of PBT, including, but not limited to, acts of God, government regulation and national emergency; and (vi) Service outages attributable to PBT's Internet service providers or any other circumstance outside of PBTs reasonable control. 17. General Provisions a. Governing Law. This Agreement will be governed and construed in accordance with the laws of the State of California. All parties consent to the exclusive jurisdiction and venue of the state and federal courts located in San Diego County, CA, USA for the adjudication of any disputes arising from, related to or regarding the subject matter of this agreement. b. Alternate Dispute Resolution. In the event that any dispute arises between the parties relating to this Agreement, the parties agree that their dispute will be submitted to binding arbitration to be administered by the American Arbitration Association (A.A.A.) pursuant to the AA.A.'s Commercial Arbitration Rules and the venue of the arbitration shall be California. The parties agree that a single arbitrator shall either be selected by the joint agreement of the parties within twenty-one (21) days or shall be appointed by the AAA after the twenty-one (21) day period has expired. Any award issued by the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction. c. Severability; Headings. If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. d. Force Majeure. If performance hereunder is prevented, restricted or interfered with by any act or condition whatsoever beyond the reasonable control of a party, the party so affected, upon giving prompt notice to the other party, shall be excused from such performance to the extent of such prevention, restriction or interference. Each party acknowledges that the operation of the other party's website and services may be interfered with by numerous factors outside of a party's control, and neither party guarantees continuous or uninterrupted availability of its services or products. e. No Joint Venture. The parties are independent contractors, and no agency, partnership, joint venture, employee -employer or franchisor -franchisee relationship is intended or created by this Agreement. Neither party shall make any warranties or representations on behalf of the other party(ies). f_ Compliance with Laws. At its own expense, each party shall comply with all applicable laws, regulations, rules, ordinances and orders regarding the marketing, promotion and performance of its obligations hereunder. g. Notice. Any notices hereunder shall be given to the appropriate party at the address the party specifies in writing. Notice shall be deemed given: upon personal delivery; if sent by fax or email, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, five (5) days after the date of mailing. h. Entire Agreement; Waiver. This Agreement sets forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to the subject matter of this Agreement. It may be changed only by a writing signed by Client, Consultant and PBT. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. i. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. j. Assignment; Obligations of Successors. This is Agreement shall not be assigned by a party without the prior written consent of the other parties, which consent shall not be unreasonably withheld; provided, however, that a party may assign this Agreement and its rights and obligations hereunder without any other party's consent (a) in connection with the transfer or sale of all or substantially all of the business of such party to which this Agreement relates to a third party, whether by merger, sale of stock, sale of assets or otherwise, or (b) to any affiliate. Except as provided in Section 6(b), the provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto, or to their heirs, personal representatives, successors and assigns respectively. 5 f Client and Consultant initial here IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. Client City of National City Client Data Authorization Paychex Benefit Technologies, Inc. dba BeneTrac is authorized to collect and store enrollment and demographic data online on our behalf. We have instructed PBT to share the enrollment data, as needed, with all our insurance carriers and service providers. Authorized Representative Consultant Willis Insurance Services of California, Inc. Print Name & Title Date Consultant Data Authorization Paychex Benefit Technologies, Inc. dba BeneTrac is authorized to collect and store enrollment and .demographic data online on our Client's behalf. We have instructed PBT to share the enrollment data, as needed, with the Client's insurance carriers and service providers. Authorized Representative Print Name & Title Date Paychex Benefit Technologies, Inc., dba BeneTrac 2385 Northside Drive, Suite 100 San Diego, CA 92108 P: (619) 788-5800, Toll free: (877) 645-4342 http://www.benetrac.com Authorized Representative Brian Daley, VP of Operations Print Name & Title Date 6 / Client and Consultant initial here Fee Schedule Addendum to the BeneTrac Service Agreement The fee schedule for the first term of service shall be as follows: Item J Funding Source(s) Covered Employers Funding Period One timeRecurring Implementation teePEEPM** (2 x PE*) Recurring 1 Willis Insurance Services of California, Inc. All enrolled , Training Date — 12 Months $7.50 $3.75 Total $7.50 $3.75 * PE - Per Employee ** PEEPM - Per Enrolled Employee Per Month Payment of fees PBT shall be responsible for monthly invoices, including any one-time fees, to each funding source of the Client and the collection of any outstanding fees. a. Carrier subsidies. Carrier subsidies may be revoked or modified at any time at the discretion of the funding carrier. In the event that a carrier ceases funding, Client has the option to continue the service and provide new funding instructions to PBT or terminate the system immediately. If Client opts to continue the service, new funding instructions must be provided within ten (10) days of termination of the carrier subsidy. b. The payment of fees shall be due in advance for any employee. who is enrolled in at least one benefit plan on the first day of each month, subject to a $250 per month minimum. Payments shall be due within fifteen (15) days after Client's receipt of invoice from PBT, detailing such amounts. Service fees commence when Client's Primary User(s) have been trained and the BeneTrac Service has been made available for use by Client/Consultant. Billing of service fees will commence prior to the establishment of electronic data feeds and is independent of plan effective dates. / Client and Consultant initial here c. Implementation fee. The non-refundable implementation fee is an amount equal to two times the estimated number of total employees at the time of order, at PEEPM service fees, subject to a minimum fee of $500 and a maximum of 12 plans. Actual count must be within ten percent (10%) of estimate, otherwise the implementation fee will be recalculated based on the actual number of employees enrolled in at least one benefit plan for the first month of the BeneTrac Service. Implementation will commence upon receipt of the completed order form, implementation fee and the fully executed Service Agreement. 7 / Client and Consultant initial here Memorandum of Understanding Addendum to the BeneTrac Service Agreement Client and Consultant understand that the BeneTrac service fees begin once the site is delivered, all data is imported into the system and administrative users are trained. No electronic data integrations will be delivered before this point. HR or other administrative users will be responsible for helping to reconcile discrepancies to facilitate the electronic data integration process. 2. Client and Consultant understand that BeneTrac service fees are based on any employee with at least one approved (Active or COBRA) enrollment, regardless of effective date on the 1 of the month. 3. Client and Consultant understand that Payroll and COBRA vendor integration will not be started until all data is reconciled and all other electronic data integrations are completed. 4. Client and Consultant understand that the electronic data integrations that have been presented as available are based on historical projects and current relationships. BeneTrac does not control the insurance carriers or service providers and cannot guarantee the existence or the continued availability of any electronic data integration with them. 5. Client and Consultant understand that the time needed to integrate all of my insurance carriers, payroll and COBRA vendors is variable. The process is potentially impacted by events outside the control of BeneTrac and can not be predicted with certainty. BeneTrac's commitment is to diligently pursue integrating each insurance carrier or service provider regardless of timeframe. 8 1 Client and Consultant initial here Exhibit A — PBT Data Privacy Policy Your privacy and the security of your data are of the utmost importance to us. This notice is provided to explain our online information practices and the choices you can make about the way your data is collected and used. To make this notice easy to find, it is available on our homepage and at every point where personally identifiable information may be requested. The Information We Collect This notice applies to all information collected or submitted to the system bearing the name of BeneTrac.From time to time a Broker/Consultant distributor may give the system another name, but as long as the underlying system has the copyright and Security provisions of BeneTrac this Data Privacy Policy shall pertain in its entirety. The bottom of all pages will be marked to indicate the BeneTrac system's authenticity. The information collected in the system is for the sole purpose of supporting the management of an employee's benefits online. Information collected: Name, Addresses, Email Address, Phone Number, Social Security Number, Date of Birth, Date of Hire, Salary, Group Benefit Plan Choices, Carrier Information, Group Number(s), Employee Classification, Spouse Name, Work Location, Job Title, Premium Amounts, Provider Codes, Dependent Names, Termination Date, Employee Contribution of Premium, User Name, Password, Effective Dates of Insurance Coverage, Reenrollment Date, Security Access Level. Most of the information identified above will be common to all users. Data field selections are customizable and are determined by the Authorized Senior User for each implementation. The Way We Use Information All data belongs to the Employer Group and/or their Human Resources Department (The Data Owner). The data collected and any access by any individual or group to the data is always with the authorization of the Data Owner. Each site is configured to allow varying levels and means of access according to the instructions given by the Data Owner. The Data Owner identifies the Carriers that provide the Group's benefit plans. Additionally, any outside Administrators providing services to the Group may be given permission to make enrollment changes on behalf of the group if directed by the Data Owner. The system is designed to deliver data to the Carrier or Administrator electronically and in an encrypted format. If a data recipient is unable to receive electronic data files, BeneTrac will deliver data in the format acceptable to the recipient. If approved by the Data Owner, the group's Broker/Consultant will be given access to the data to provide more timely service through timely information. A Broker/Consultant's level of access can be regulated. Employees may be given access if authorized by the Data Owner. The levelof access and data fields visible to the employee may be regulated. The system is designed to allow employees access only to their own records for enrollment, demographic changes, or limited to view only. Finally, we never use or share the data provided to us online in ways unrelated to those described above or without the written approval of the Data Owner. Our Data Privacy Policy describes only our use of your data and is not intended to represent the Privacy Policy of others given access to the data by the Data Owner and it is strongly recommended that all users ask those to whom they authorize access provide a Data Privacy Policy. Our Commitment to Data Security BeneTrac has implemented a comprehensive information security program which contains administrative, technical and physical safeguards that are appropriate to safeguard Confidential Information. This is consistent with any applicable federal and/or state statutes or regulations. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online. Within the system, data security measures include 128 Bit Encryption of any data that is transmitted over the Internet, Secure Socket Layers (SSL), User Name & Password access, each page user verification, and firewall technology. Security begins before you enter your User Name and Password keeping the data secure from start to finish. Our Commitment to Children's Privacy The system and use of the system are not intended for access to children. The system is for the use of Human Resources, Employees, Broker/Consultant, Carrier and benefit Administrators. It is the direction of the Data Owner that allows access to the system and it is unlikely that children will be given access. Finally, all dependent data is only as needed for the enrollment criteria, and is customarily provided by the employee/guardian and kept secure as indicated above. How You Can Access Or Correct Your Information The Data Owner can access all personally identifiable information at any time to make changes in the system. Additionally the Data Owner can allow the employee access to make changes or to read only and report back to the Data Owner to make any neoessary changes. To protect the privacy of the data, we will take reasonable steps to verify user identity before and during use of the system to make changes. How To Contact Us Should you have any questions or concerns about these privacy policies, please call us at out toll free number (877) 645-4342 or send us an email at feedback@,BeneTrac.com 9 / Client and Consultant initial here CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ETING DATE: September 6, 2011 M TITLE: AGENDA ITEM NO. 15 Resolution of the City Council of the City of National City establishing a new City Council Policy No. 402 pertaining to development agreements PREPARED BY: George H. Eiser, III 4 PHONE: Ext. 4221 EXPLANATION: Please see attached memorandum. • DEPARTMENT: APPROVED BY: ty Attorney FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt proposed resolution. BOARD / COMMISSION RECOMMENDATION: N/A •TACHMENTS: mo ra nd um Proposed City Council Policy No. 402 Proposed resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING A NEW CITY COUNCIL POLICY NO. 402 PERTAINING TO DEVELOPMENT AGREEMENTS WHEREAS, in California, a city may legally change land use regulations on a project unless the property owner has acquired a legally vested right. Such a right does not arise until the owner has obtained a building permit, substantial work has been performed on the project, and substantial liability incurred by the owner in good faith reliance upon the permit; and WHEREAS, Government Code Sections 65864 through 65869.5 establish a procedure whereby a city may enter into a development agreement with an owner to confer vested development rights where none would otherwise exist; and WHEREAS, a city may, or upon request of an owner must, establish procedures and requirements for the consideration by the city of a development agreement upon application by the owner or other person having a legal or equitable interest in property to be developed; and WHEREAS, the benefits to a city from entering into a development agreement are that the owner may be required to construct specific improvements, provide public facilities and services, pay development impact fees of a different type that may be required under the Mitigation Fee Act, develop according to a specific time schedule, or make other commitments that the city might otherwise have no authority to require the owner to perform; and WHEREAS, it has been proposed that the City Council Policy Manual be amended by adding Policy No. 402 thereto, establishing procedures and requirements for development agreements NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby amends the City Council Policy Manual by adding Policy No. 402 thereto, establishing procedures and requirements for development agreements. PASSED and ADOPTED this 6th day of September, 2011 Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Mayor Ron Morrison Council Members Alejandro Sotelo-Solis Louis Natividad Mona Rios Rosalie Zarate 4," CRL1,f dRfN1IC'. * rNCARpoRA2E11........... Office of the City Attorney City Attorney Claudia Gacitua Silva Legal Counsel George H. Eiser, III Senior Assistant City Attorney Jodi L. Doucette TO: Mayor and City Council DATE: August 9, 2011 FROM: George H. Eiser, III, Legal Counsel SUBJECT: Proposed City Council Policy No. 402 Authorizing Development Agreements Background In California, a city may legally change land use regulations on a project unless the owner has obtained a legally vested right. (Consaul v. City of San Diego (1992) 6 Cal.App.4`j` 1781). If a city changes its land use regulations, a property owner cannot claim a vested right to complete a project without being subject to such changes unless a building permit has been obtained, substantial work performed, and substantial liability incurred in good faith reliance upon the permit. (Avco Community Developers v. South Coast Regional Comm. (1976) 17 Ca1.3d 785). Neither the existence of particular zoning nor work undertaken pursuant to governmental approvals preparatory to construction of buildings can form the basis of a vested right to build a structure that does not comply with the laws applicable at the time the building permit is issued. (Strong v. Santa Cruz County (1975) 15 Ca1.3d 720). An owner has no vested right in either existing zoning or in more valuable zoning that may have been anticipated in the future and that would have been different from that which was in effect at the time ownership was acquired. There is no right to have property zoned for its highest and best use. (Gilliland v. Los Angeles County (1981) 126 Cal.App.3d 610). Development Agreements Government Code Sections 65864-65869.5 establish a procedure whereby a city may enter into a "development agreement" with a developer to confer vested development rights where none would otherwise exist. A development agreement is distinguishable from a "disposition and development agreement" entered into between a redevelopment agency and a developer, where the redevelopment agency typically participates financially in the project in some way. A city may, or upon request of a developer must, establish procedures and requirements for the consideration by the city of a development agreement upon application by the owner or other person having a legal or equitable interest in property to be developed. The city may recover from the developer the direct costs associated with the establishment of procedures and requirements for the consideration of development agreements. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Unless the development agreement provides otherwise, the applicable rules, regulations, and policies governing the development are those in effect at the time the agreement goes into effect. The development agreement must be recorded no later than 10 days after the city enters into the agreement. Entering into a development agreement is a legislative act that must be approved by ordinance, following a noticed public hearing by the city council. Prior to city council consideration of a development agreement, the agreement must first be reviewed at a public hearing of the planning commission. A development agreement may be amended or cancelled by mutual agreement of the city and the developer. Additionally, the city may unilaterally terminate or modify the agreement if it finds and determines, on the basis of substantial evidence, that the developer or its successor in interest has not complied in good faith the terms or conditions of the agreement. The benefits to the city from entering into a development agreement are that the developer may be required to construct specific improvements, provide public facilities and services, pay development impact fees of a different type that may be required under the Mitigation Fec Act, develop according to a specified time schedule, or make other commitments that the city might otherwise have no authority to require the developer to perform. Proposed City Council Policy No. 402 The proposed City Council Policy No. 402, if approved, would establish procedures and requirements for consideration of development agreements; no specific development agreement with a developer would be authorized at this time. According to the proposed policy, the processing of development agreements would for the most part be administered by the City Attorney's office. The proposed policy contains provisions for applications for development agreements, notices and hearings; contents of development agreements; standards for review; findings and decisions; amendment and cancellation of development agreements; annual review of development agreements by the City Council and/or Planning Commission; and standards for judicial review. Conclusion It is recommended that proposed City Council Policy No. 402 be approved. GHE/gm Attachment GEORGE Id. EISER, III Legal Counsel 2 Proposed City Council Policy 402 Authorizing Development Agreements CITY COUNCIL POLICY TITLE: Procedures and Requirements for Development Agreements POLICY NUMBER: 402 ADOPTED: September 6, 2011 AMENDED OR REVISED: Page 1 of 11 1.0 PURPOSE To adopt regulations establishing procedures and requirements for consideration of development agreements. 2.0 POLICY Under a development agreement, both the City and the developer commit themselves to proceed with a development in accordance with the terms of the agreement. The city may agree to process further applications in accordance with the City's building regulations and planning and zoning ordinances, regulations, and standards in effect at the time of the agreement, and not to subject the development to changes in those ordinances, regulations and standards for a specified time. In return, the developer may agree to construct specific improvements, provide public facilities and services, pay development impact fees, develop according to a specified time schedule or make other commitments that the City might otherwise have no authority to require a developer to perform. A development agreement is enforceable despite any changes to the General Plan, a specific plan, zoning, subdivision, or building regulations. The development agreement may provide that the developer shall be subject to future changes in development impact fees. Any fees received or costs recovered by the City shall comply with Government Code Section 66006. A development agreement is distinguishable from a "disposition and development agreement" entered into between a developer and a redevelopment agency, wherein the agency typically participates financially in the project in some way. The commitments made by a developer under a development agreement may be different in kind and scope than the exactions imposed by a city under the Mitigation Fee Act (Government Code Section 66000, et. seq.), which authorizes a city to impose impact fees on a development project involving the issuance of a permit for construction, but not a permit to operate; such fees are collected for the purpose of defraying the cost of public facilities related to the development project. CITY COUNCIL POLICY TITLE: Procedures and Requirements for POLICY Development Agreements NUMBER: 402 ADOPTED: September 6, 2011 AMENDED OR REVISED: Page 2 of 11 3.0 REFERENCES Government Code Section 65864-65869.5 4.0 REQUIREMENTS FOR APPLICATIONS AND AGREEMENTS 4.1 Forms and Information a. The City Attorney shall prescribe the form for each application and notice required under this Policy for the preparation and implementation of development agreements. b. The Development Services Director may require an applicant to submit such information and supporting data as the Director considers necessary to process the application. 4.2 Fees The City Council may include in the City's Fee Schedule the fees and charges imposed for the filing and processing of each application and document required under this Policy. 4.3 Qualification as an Applicant Only a qualified applicant may file an application to enter into a development agreement with the City. A qualified applicant is a person who has a legal or equitable interest in the real property that is the subject of the agreement. "Applicant" includes an authorized agent of the person who has such an interest. The Development Services Director may require an applicant to submit proof of his or her interest in the real property and of the authority of the agent to act for the applicant. Before the application is processed, the City Attorney shall determine the sufficiency of the applicant's interest in the real property to enter into the agreement. CITY COUNCIL POLICY TITLE: Procedures and Requirements for POLICY Development Agreements NUMBER: 402 ADOPTED: September 6, 2011 AMENDED OR REVISED: Page 3 of 11 4.4 Form and Contents of Development Agreement In applying for a development agreement, a developer may submit a form of agreement prepared by the developer. Whether prepared by the City or the developer, the agreement shall specify the following: a. The duration of the agreement; b. The permitted uses of the real property; c. The density or intensity of use; d. The maximum height and size of proposed structures; e. Provisions for reservation or dedication of land for public purposes; f. The nature and timing of construction of improvements; g. The date by which construction shall commence; h. The date by which construction of the development and each phase of the development shall commence; i. Other commitments by the developer including, but not limited to, an agreement to construct specific improvements, provide public facilities and services, pay development impact fees, or make other commitments that the City requires; A commitment by the City to process the developer's application in accordance with the City's building regulations and planning and zoning ordinances, regulations, and standards in effect at the time the agreement is entered into, and not to subject the development to changes in such ordinances, regulations, and standards for a specified period of time; and k. For phased developments, and developments of long duration, the City and the developer may agree that the period of time for which the development will not be subject to changes in the City's building, planning, and zoning ordinances and regulations will be for a specified time that is less than the term of the agreement. CITY COUNCIL POLICY TITLE: Procedures and Requirements for POLICY Development Agreements NUMBER: 402 ADOPTED: September 6, 2011 AMENDED OR REVISED: Page 4 of 11 Other conditions, terms, restrictions, and requirements provided they do not prevent the development of the real property for the uses and to the density or intensity of development set forth in the agreement. 4.5 Review of Applications; Submission to Planning Commission The Development Services Director shall review the application and shall reject it if it is inaccurate or incomplete for processing. If the Development Services Director finds the application is complete and contains the information necessary to complete the development agreement, he or she shall accept it for filing. When both the application and agreement are determined by the Development Services Director to be complete, the Development Services Director shall submit the agreement to the Secretary of the Planning Commission, who shall place the agreement on a Commission agenda for a public hearing to consider the agreement for approval. At the time the Development Services Director submits the agreement to the Secretary of the Planning Commission, City Attorney shall submit with the agreement a report indicating whether or not the agreement would be consistent with the General Plan and any applicable specific plan. 4.6 Hearing by City Council After the development agreement is considered by the Planning Commission, the Development Services Director shall cause to have it placed on a City Council agenda to have it considered for approval by the Council after public hearing. The City Attorney shall submit with the agreement a report indicating whether or not the agreement would be consistent with the General Plan and any applicable specific plan. 4.7 Concurrent Processing A development agreement may be processed concurrently with other applications for development for the same property. CITY COUNCIL POLICY TITLE: Procedures and Requirements for POLICY Development Agreements NUMBER: 402 ADOPTED: September 6, 2011 AMENDED OR REVISED: Page 5 of 11 4.8 Other Parties In addition to the City and the developer, any federal, state, or local government agency may be included as a party to the development agreement under the authority of the Joint Exercise of Powers Act (Government Code Section 6500 et seq.) or other authority. 5.0 NOTICES AND HEARINGS 5.1 Notice of Intention The City Clerk shall give notice of the intention to consider adoption of a development agreement at least ten days before the public hearings of the Planning Commission and the City Council. The notice shall be given as provided in Section 65091 of the Government Code. 5.2 Form of Notice The form of Notice of Intention to consider adoption of a development agreement shall contain: a. The time and place of the hearing; b. A general explanation of the matter to be considered, including a general description of the area affected; and c. Other information required by specific provisions of this Policy or that the Director of Development Services considers necessary or desirable. 5.3 Manner of Notice Notice of the intention to consider adoption of a development agreement shall be given as provided in Government Code Section 65091. 5.4 Failure to Receive Notice The failure of any person or entity to receive notice shall not affect the authority of the City to enter into a development agreement, or affect the validity of a development agreement. CITY COUNCIL POLICY TITLE: Procedures and Requirements for POLICY Development Agreements NUMBER: 402 ADOPTED: September 6, 2011 AMENDED OR REVISED: Page 6 of 11 5.5 Rules Governing Conduct of Public Hearings A public hearing at which a development agreement is considered shall be conducted as nearly as possible in accordance with the procedural standards adopted under Government Code Section 65804 for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard. The developer has the burden of proof at the public hearing. 6.0 STANDARDS OF REVIEW, FINDINGS, AND DECISION 6.1 Recommendation by Planning Commission After the public hearing is held by the Planning Commission, the Commission shall adopt a resolution making its recommendation to the City Council as to whether the development agreement should be approved. The resolution shall set forth the reasons for the Commission's recommendation, including findings setting forth the Commission's determinations regarding the following: a. Whether the development agreement is consistent with the objectives, policies, land uses, and programs specified in the General Plan and any applicable specific plan; b. Whether the development agreement is compatible with the uses and regulations for the zone in which the property is located; c. Whether the development agreement is in conformity with the public convenience, general welfare, and good land use practice; d. Whether the development agreement will not be detrimental to the health, safety, and general welfare; e. For a development agreement that is to be entered into in connection with a subdivision, as defined in Government Code Section 66473.7, whether the agreement provides that any tentative map will comply with the provisions of that section. CITY COUNCIL POLICY TITLE: Procedures and Requirements for POLICY Development Agreements NUMBER: 402 ADOPTED: September 6, 2011 AMENDED OR REVISED: Page 7of11 f. Whether the development agreement offers to the City substantial benefit in exchange for the vested right benefit granted to the developer. 6.2 Decision by City Council a. After receipt of the recommendation of the Planning Commission, the City Council shall hold a public hearing. The Council may accept, disapprove, or modify the recommendation of the Planning Commission. The Council may, but is not required to, refer matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation. The Planning Commission shall consider at a public meeting all matters referred back to it by the City Council and may, but is not required to, hold a public hearing on such matters. b. The City Council may not approve the development agreement unless it finds that the agreement is in compliance with the standards set forth in Section 6.1. c. The decision whether to enter into a development agreement is within the sole discretion of the City Council. 6.3 Approval of Development Agreement If the City Council approves the development agreement, it shall do so by the adoption of an ordinance. The City may enter into the agreement after the ordinance approving the agreement takes effect. 7.0 AMENDMENT AND CANCELLATION OF DEVELOPMENT AGREEMENT BY MUTUAL CONSENT 7.1 Initiation of Amendment or Cancellation A development agreement may be amended, or cancelled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Either party may initiate such amendment or cancellation. CITY COUNCIL POLICY TITLE: Procedures and Requirements for POLICY Development Agreements NUMBER: 402 ADOPTED: September 6, 2011 AMENDED OR REVISED: Page 8 of 11 7.2 Procedure a. The procedure for proposing and adopting an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into an agreement in the first instance, as set forth in Sections 5.0 and 6.0 of this Policy. b. If the City initiates the proposed amendment to or cancellation in whole or in part of the development agreement, it shall first give notice to the developer of its intention to initiate such proceedings at least 30 days in advance of the giving of the Notice of Intention to consider the amendment or cancellation required by Section 5.0. 8.0 RECORDATION 8.1 Recordation of Development Agreement, Amendment or Cancellation a. Within 10 days after the City enters into the development agreement, the City Clerk shall have the agreement recorded with the County Recorder. The agreement shall run with the land and inure to the benefit of and bind successors in interest. b. If the City and the developer or the developer's successor in interest amend or cancel the agreement as provided in Government Code Section 65868, or if the City terminates or modifies the agreement as provided in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall cause notice of such action to be recorded with the County Recorder within 10 days. 9.0 PERIODIC REVIEW 9.1 Time for Initiation of Review The City Council shall review the development agreement at a public hearing at least every 12 months from the date the agreement is entered into. The time period before which review may occur may be shortened either by agreement of the City and the developer or by initiation in one or more of the following ways: CITY COUNCIL POLICY TITLE: Procedures and Requirements for POLICY Development Agreements NUMBER: 402 ADOPTED: September 6, 2011 AMENDED OR REVISED: Page 9 of 11 a. Recommendation of the Director of Development Services; or b. Action of the City Council. The failure to conduct a review in any 12 month period does not preclude a later review. 9.2 Notice of Review The City shall begin the review proceeding by giving notice that the City Council intends to undertake a review of the development agreement. 9.3 Delegation or Referral to Planning Commission At the time the development agreement is reviewed by the City Council, the Council may: a. Review the development agreement itself; or b. Delegate the review to the Planning Commission for a determination; or c. Refer the review to the Planning Commission for a recommendation as to the action to be taken by the City Council. 9.4 Procedure The notice and hearing procedure for review of the development agreement is the same as the procedure for entering into the agreement in the first instance, as set forth in Section 5.0 of this Policy. 9.5 Public Hearing The decision -making body shall conduct a public hearing at which the developer must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is with the developer. At the time and place set for hearing, the developer shall be given an opportunity to be heard. CITY COUNCIL POLICY TITLE: Procedures and Requirements for POLICY Development Agreements NUMBER: 402 ADOPTED: September 6, 2011 AMENDED OR REVISED: Page 10 of 11 9.6 Findings a. At the conclusion of the public hearing, the decision -making body shall adopt a resolution making findings based on substantial evidence as to whether or not the developer has, for the period of time under review, complied in good faith with the terms and conditions of the development agreement. b. If the decision -making body finds and determines on the basis of substantial evidence that the developer has complied in good faith with the terms and conditions of the development agreement during the period of time under review, the review for that period is concluded. c. If the decision -making body finds and determines on the basis of substantial evidence that the developer has not complied in good faith with the terms and conditions of the development agreement during the period of time under review, it shall in its resolution modify or terminate the agreement. If the agreement is modified, the decision -making body may impose those conditions to its action as it considers necessary to protect the interests of the City. If the decision -making body determines to modify the agreement, it shall do so only in a manner reasonably related to addressing the lack of compliance identified under Subsection (b) of this Section. d. If the review is conducted by the Planning Commission for a determination, the developer or any interested person may appeal the determination under Subsections (b) and (c) of this Section to the City Council in accordance with the City's procedures for appeals to the City Council. 9.7 Decision of the City Council Final In all proceedings under Section 9.0, the decision of the City Council shall be final. TITLE: POLICY NUMBER: ADOPTED: AMENDED OR REVISED: Page 11 of 11 9.8 Costs of Review The developer shall pay the City's reasonable costs for staff time expended on the annual review. 10.0 JUDICIAL REVIEW 10.01 Standard of Review Judicial review of the initial approval by the City of a development agreement shall be by writ of mandate under Code of Civil Procedure Section 1085. Judicial review of a City action taken pursuant to this Policy, other than the initial approval of development agreements, shall be by writ of mandamus under Code of Civil Procedure Section 1094.5. Any action or proceeding to attack, review, set aside, void, or annul any decision of the City to approve or amend a development agreement under this Policy shall be commenced within 90 days of the date of the decision. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ETING DATE: September 6, 2011 AGENDA ITEM NO. 16 EM TITLE: Resolution of the City Council of the City of National City approving and authorizing issuance of a Written Report pertaining to a Moratorium Ordinance prohibiting New Pawnbroker, Secondhand, and Precious Metal dealing and establishments in National City PREPARED BY: George H. Eiser, III/ DEPARTMENT: Cit Attorney PHONE: Ext. 4221 APPROVED BY: �r EXPLANATION: At the City Council meeting of August 2, 2011, the Council enacted Ordinance No. 2011-2364, "An Interim Ordinance of the City Council of the City of National City Adopted Pursuant to Government Code Section 65858 as an Urgency Measure to Take Effect Immediately, Enacting a Moratorium Prohibiting New Pawnbrokers, Secondhand and Precious Metal Dealer Establishments in National City", which will expire on September 16, 2011. As a companion item on this agenda, the City Council will consider extending the moratorium for an additional 10 months and 15 days. Prior to doing so, the Council must issue a written report describing the measures taken to alleviate the condition that led to the adoption of the moratorium ordinance. In order to meet this requirement, the attached report is submitted for Council approval and issuance. • FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATACHMENTS: posed resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING ISSUANCE OF A WRITTEN REPORT PERTAINING TO A MORATORIUM ORDINANCE PROHIBITING PROHIBITING NEW PAWNBROKER, SECONDHAND, AND PRECIOUS METAL DEALING AND ESTABLISHMENTS IN NATIONAL CITY WHEREAS, at the City Council meeting of August 2, 2011, the Council enacted Ordinance No. 2011-2364, "An Interim Ordinance of the City Council of the City of National City Adopted Pursuant to Government Code Section 65858 as an Urgency Measure to Take Effect Immediately, Enacting a Moratorium Prohibiting New Pawnbrokers, Secondhand and Precious Metal Dealer Establishments in National City"; and WHEREAS, the moratorium enacted pursuant to Ordinance No. 2011-2364 will expire on September 16, 2011, subject to extension by action of the City Council; and WHEREAS, Section 65858(d) of the Government Code provides that 10 days prior to the expiration of the interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance; and WHEREAS, a Report satisfying the requirements of Government Code Section 65858(d) is attached hereto as Exhibit "A" and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby finds and determines that the Report attached hereto as Exhibit "A" satisfies the requirements of Government Code Section 65858(d), and hereby approves and authorizes issuance of said Report. PASSED and ADOPTED this 6th day of September, 2011. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney REPORT (Government Code Section 65858 (d)) Background The City has recently adopted a new General Plan, a component of which allows for land usage that includes pawnbrokers, secondhand and precious metal dealers and establishments within the City. Since the original pawnshop establishments were approved in the 1980's, the City has seen a 200% increase in such establishments. Various existing businesses have also expanded to include dealings in secondhand goods in recent years. Moreover, due to the increasing value of gold, the market has encountered a proliferation of gold buying establishments. Recently, unlicensed and unpermitted gold and other secondhand dealer establishments and vendors have erupted in record numbers. The National City Police Department has been concerned with the increase in crime related to the existence of such establishments, which includes the sale and purchase of stolen goods, and the added burden of being tasked with tracking the reporting requirements for such establishments pursuant to the regulations of the California Department of Justice, particularly in light of the decrease in law enforcement resources. Existing land use controls may not adequately address the potential adverse effects of newly proposed pawnbrokers, secondhand and precious metal establishments in the community. There is a potential threat to the public health, safety and welfare were the City to permit new establishments without adequate land use controls. At the regular City Council meeting of August 2, 2011, the City Council enacted, as an urgency ordinance to take effect immediately, Ordinance No. 2011-2364, imposing for a period of 45 days a moratorium on the locating of, development, or approval of new pawnshops, secondhand dealers, and precious metal dealing and establishments in the City. The moratorium imposed by Ordinance No. 2011-2364 will expire on September 16, 2011 unless extended by action of the City Council. The Government Code provides that after a public hearing, the 45 day moratorium may be extended by 10 months and 15 days. This public hearing will satisfy the requirements of the Government Code. During this 10 months and 15 days, staff will study and consider the current environment and the effects of existing and new pawnbrokers, secondhand and precious metal establishments, such as gathering information as to the status of such establishments and their effect upon other communities. Recent Developments The Police Department reports that Best Buy is adding a small store in Plaza Bonita called a "Trade -In" store. People can turn in used cell phones, pda's, mp3 players, video game consoles and games, and other electronics and receive a Best Buy gift card in return. Best Buy has voluntarily promised to comply with Federal Pawn requirements, which will require them to verify and document the identification of the consumer. That information with serial number will be input into Leads on Line for Law Enforcement access. They will sell all the trade-in items on BestBuy.com only. No physical sales will transpire. If the item traded in fails to sell on-line, they will destroy it in an environmentally sound process. No gift card will be redeemable for cash, and no items will be taken on consignment. 1 The Police Department has determined that there were no gold buying events held at the Clarion Hotel or Best Western motel during the past six months, nor are any events booked in the next few months. Planning Commission Review It is anticipated that this topic will be placed on an upcoming Planning Commission agenda for the Commission to consider the need for further regulation in this area. The Commission's recommendations will then be present to the City Council. 2 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ""FETING DATE: September 6, 2011 AGENDA ITEM NO. 17 I iEM TITLE: TEMPORARY USE PERMIT — Solid MC 2nd Annual Dance hosted by the Sweetwater Harley Davidson at 3201 Hoover Avenue on September 10, 2011 from 8:30pm to 1:30am with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neig .or .od Services Division APPROVED BY: This is a request from the Sweetwater Harley Davidson to conduct the Solid MC Annual "mince event at 3201 Hoover Avenue on September 10, 2011. Set-up for this event begins at 6 pm and the actual event runs from 8:30 pm to 1:30 am. This is an annual dance for Solid MC Motorcycle Club. Event organizers have requested approval for the sale/ consumption of alcoholic beverages pending approval from the Alcohol and Beverage Control Agency (ABC) Private security will be provided and no city services arc being requested. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City has incurred $237.00 for processing the TUP through various City Departments and $200 for Fire Department inspection fees. Total Fees are $437.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: plication for a Temporary Use Permit with recommended approvals and conditions of approval. Fax: Aug 4 2011 10:57am P001/009 Type cif Event: Pubiiri Concert Paraoe Moto') Pluttire Event Tite: Fair Demonstration Grand Opening liaEvent Location: ,5..2Li Festiva! Circus .. Other • Communiti E4en1 leek Parti i . t Event Dotet,,$): From 0/10-1/ . to 09-11,11 Total Anticipated Attendance: AO i I Morif-i/DayiYe8r ( ! PartiOpaitts) ActuEvent Hou( i Spectatis) al rs, 130 arrig to r3 0 epm . ; t! i Setuplassembiy/construction Date: plot •-i/ Start time tt -1(1-o Pe-st describe the scope of your setuWasserribly work (specific detaiis): • ite _AT toll 11 AdVelit tir Atta- a oar/ ck. Diarnamtie Date! "NI Complelicn Time: avo Pm List any street(s) requtnno closure as a re-sult of this event. Include street narne(;), day and time of closing and day and time of reopening 77 - I, , , -, • , , ^.4 „:, i , : . „ _ w ',,.....1,.. ,,,,,,,,,,,,', --•••,,,„,-,,„, ,...-e--Ir'•.af:t-':..:':''''A:''''' :"'if iiii,c ii i• ,,--,,,,,,,„ • ''''"-. i • i ,. i4 ---'74.--ii,..- ''i - •••• i . , 4 ...e714,, +1.'''' 14'. ' ' ' '''.* . '44 iSponsor41g Organization: Chief Offi:,-et dt Organization (Name) Applicant (Name): Address: tin,c >< For Pro-qt Not-forrolit Vaytime Phone- (otit 4174417Fvening Phone: 9dii--50/ Fax, CCrcint Peon 'Oil Site' day of the event: r Pageir/Ce.littlar. NOTE: THIS PERSON NILI$T BE IN ATTENDANCE. FOR THE DURATION OF THE EYEN-11 AND IMMEDIATELY AVAILABLE TO ciTy OFFICIALS A a/9--94:2147. : hid Fax: Rue 4 2011 10:58am P002/009 Is your organ zatior a "fax Exempt, nonprofit' organization? — YES No Are admissio;i entry', vendor or participant foes required? YES NO If YES, :Meese explain the purpose and provide amount(s): Estimated Gross Receipts including ticket, product and spcnsorsil[p sa;eslfroto this event. I i Estimated Expenses for this event. i VLrnat is the projected amount of revenue that the Nonprofit Organization wills receive as a result of this event? i i i i Please provide a DETAILED DESCRIPTION of your event, include details regarding any components of your event such as the use of ve_hicies, animals, rides or any other pertinent ratorra'ttio.i about the event. 1 • YES NO if the event involves the sale of cars, will the pars come exciustveiy iatonel City car dealers? If NO, list any additional dealers inveived sale= • fro0-: In 9ha 2 Fax: Aug 4 2011 10i5Bam P003/009 4 YES NO Does the event involve the sate or use of alcoholic beverages? A,{{ 4 YES NO items cr services be sold at the event? if yes, please descrle: t { - YES' NO Does the event involve a moving route of any kind along streets, sideWai!tsor highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain yo:r!rorae_ YES 10 Does the event involve a fixed venue site? if YES, attach a detailed site map showing al! streets impacted by the event. ; F YES XP:0 Does the event involve the use of tents or canopies? if YES: Number of teriticanopies Sizes NOTE:.A separate Fir Department permit is required for tents of canopies_ _``ES NO dVili the event involve the use of the City stage PA sysi'�w J !ri addition to the route map required above, pies attach a diagram showing the overall layotit and set-up locations for the 'following items: > Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. • Food Concession and/or Food Preparation area - Please describe how food will be served at the evert: a if you intend to cook food in the event area please specify the method:. GAS ELEC i RiC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toil Facilities Number of portable toilets: (1 for every 2d0 people is required, Mess the applicant can show that there are facilities in the immediate area avaiiabld to the Oa ifC during the event) } Tabies and Chairs Fendrig, barriers and/or barricades > Generator locations and/or soiree of electricity Canopies or tent locations (include tenticanopy dimensions) > Booths, exhibits, displays or enclosures 1, fi > G a';folding, bleachers, platforms, stages, grandstands or related st ucturps fill Vehicles and/or trailers Otter related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the tern of ydur evert and immediately upon conclusion of the event the area must be returned tole, clan condition.) Number of trash cans: tY Trash containers with lies: 3 F escrli:e your pan for clean-up and removal of waste and arba i durin an the „v�n1_ j Aug 4 2011 10.59am P004/009 Fax: Please describe your procedures for both Crowd Centro/ and Internal Security: f !P � \YES NO i iave you hired any Rrofessiorsa; Security organizatio , to handle eaurity arrangements for this event? if YES, Meese Ei$f Security Orgenizztion: Security Organization Address: 7 SG ff4 (43 j Security Director (Name): Se r �( Phone: /� *iJ X YES NO Es iris a night event? If YES, please state how the event and surrounding 6retd will lre el'urnirpeyed to ensure safety of the participants and spectators- 01 JWILl have top Ple se it d)(cate what arran to er 1 fi Lief, / ..'. Please desc.ibe your Accessibili ha' e made for providing. First ,did S ing and tder`��_ w_ Ian for access at your event by incliyldilals with disebiiities guipmdr:t. Y , Please provide a det iled desription of your PARKING pion: Piease clese.ribe your plan for DISABf ED PARKING: twve. 110E4' p 4 Aug 4 2011 10:59am P005/009 Fax: Please, %f;tibe vnf Rr plans t(1 notify 7E! residents, 4 ..._: I evert % 1 ' s`c s • NOTE: Neigt: rhood residents mi..t be noted 72 hours in advance when ivents are ached;.r?ct an the Cray parks_ } _ YES f0 Are there any muscat entertainment features related to your events if YES• , f. please state the r urnber of stages, number of bands and type cf i-nusic- Number of Stages: Type of Music: Number of Bands: _2SkYES NO Will sound amplification be used? if YES, please indicate: Start Time: '-3'0 8111. Finish Time (-'3 YES it C> Will sound checks be conducted prior to the event? if YES, please indicate: Start time: am/pm Finish Time am/pm Reese describe the sound l equipment that will be used for your event: YES NO Firoworks, rockets, or other pyrotechnics? if YES, please describe: YES X NO Any sign, banners, decorations, special lighting? if YES, please ttascr ibet .R£4i-ad 08=1O,055 5 Fax: 4 2011 11:00am P00G/009 Jor Office 'Use onry Event: Department Date Approved? Yes No SpeCific Conditions of Approval initial 4 .Couricii Meeting Date:. Approved: Yes No Vote: gf6i 6 Fax: .Aug 4 2011 11:00am P007/009 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT .Persons requesting use of City property, facilities or personnel are reel uired to provide a minimum of $1,000,000 combined single limit insurance for oodily injury and property damage which includes the City, its officials, ageri s and employees named as additional insured and to sign the Hold Harmless Agreement Certificate of insurance must be attached to this permit. Organisation Person in Charge of A Address !' t� Telephone ufq-7 /` / Date(s) of Use 499 10-iI 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 def rid, itade7',snif' and held harmless the City of National City and the Parking Auto Brit and its officers, employees and agents from and against any and all Claims,; demands, costs, losses, liability or,.for any persona/ injury, death or propperty, damage, or both, or any litigation and other liability, including attorneys feesarid the costs of litigation, arising out of or related to the use of public property or tt10 activi permit by the permittee or its agents, employees or e Gi`ca of.lrsurance Approved Date Fax; Aug •i REQUEST FOR itok 4 2011 I1:01am WAIVER OF FEES1 I( • Non-profit organizations, which meet the criteria on page v of the inst ctionS, Ili be considered for a waiver, if you would like to request a waiver of the : !I processing fees, please compiete the questionnaire below. il 1. is the event for which the TUP ES 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. Pease state the name and type of organization sponsoring the evet for which the TUP is sought and then proceed to Questio.1 3. Name of the sponsoring organization Type of Organization tSes,e,:e Club. Church, Soda; San** Agency, ,stc„) 3. Will the event generate net income or proceeds t the sponsoring oi-ganization? ;Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Mil the proceeds provide a direct financial benefit to an individual who resides in or Is employed In the city, and who is in dire financ"a1 need due to health reasons or a death in the family? Yes (Please provide an explanation and detailF..4. No (Please proceed to Question 5) PO08/009 8 Fax: Aug 4 2011 11:01am P009/009 5. WM the proceeds provide a direct financial benefit to city government such as the generation of sates tax? Yes (Please provide an expianation and details. No (Please proceed to Question S) S. Will the proceeds provide a direct financial benefit to a service c social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Qiris 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 I CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZA"PION: Sweetwater Harley Davidson EVENT: Solid MC Annual Dance DATE OF EVENT: September 10, 2011 TIME OF EVENT: 8:30 p.m. to 1:30 a.m. APPROVALS: DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES POLICE CITY ATTORNEY YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES[x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x SEE CONDITIONS 1 x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 All sound equipment shall be oriented away from residential areas (should face west towards freeway) — maintain compliance with Title 12 (Noise) of the Municipal Code. All required permits shall be procured from ABC for all alcohol sales. Permit shall be posted on site during event 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 Public Works has no involvement in this event. FIRE (619) 336-4550 Stipulations required by Fire Department for this event are as follows: 1. Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2. Access to Sweetwater Marley Davidson to be maintained at all times, to both entrances and Fire Department connetions for fire sprinkler systems, standpipes, etc. 3. Fire Department access into and through the event areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 14 feet. 4. Fire Hydrants shall not be blocked or obstructed 5. Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 6. Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 7. Provide a 2A:10BC fire extinguisher at stage. Extinguisher to be mounted in a visible location between 3 'h to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 8. If cooking booths are used, booths to have on e2A:10BC on site. If grease or oil is used for cooking, a 40:BC or class "K" tire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. Pleaxc see attached sample. 9. If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equialing or greater than the above stated areas, are to be used, they shall be flame—retardant treated with an approved Statc Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet State Fire Marshall approval for cooking. Please see Fire Department for direction. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Departmen if applicable. A permit for the projected canopies/tents shall be four hundred (S400.00) dollars. Fees can only be waived by City Council. Canopies: 0 - 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 Tents: 0 —200 sf - $200.00 201 — (+) sf - $400.00 10. Fire Department access into an through the booth areas are to be maintained at all times. 11. A fire safety inspection is to be conducted by Fire Department prior to operations of the entire event. Fee for after hour/weekend inspection shall be $200.00 for the first two hours. A fee of S100.00 dollars shall be charged for every hour (or part) after the first two hours. 12. Site map indicating access points, booth layout and ride areas are required. No site map included. Note: Total fee amount for all Fire Department permits is ($200.00). Fees can only be waived by City Council. Please contact the Fire Department for assistance. If you have any questions please feel free to contact me. POLICE I have reviewed the Temporary Use Permit (TUP) for the Solid M/C Dance at Sweetwater Ilarley Davidson. The event is scheduled to take place on September 10, 2011. Per the TUP, the event will take place entirely on the premises of Sweetwater Harley Davidson, 3201 Hoover Avenue. The event organizers have requested approval for the sale/consumption of alcoholic beverages. The Chief of Police is not opposed the request. The organizers list they have hired a private security company, Casper and Associates. Based upon my review of the TUP, no NCPD personnel will be required at the event. There are no NCPD stipulations regarding the event other than the event organizers must follow all laws, especially those regarding alcoholic beverages. 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 EETING DATE: September 6, 2011 AGENDA ITEM NO, 18 EM TITLE: TEMPORARY USE PERMIT — Request from North Star Gas LTD Company to operate a temporary transfer site at 2101 Tidelands Avenue from September 20, 2011 to September 20, 2012 with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Nei • •or ood Services Division APPROVED BY: This is a request from North Star Gas Ltd. Company to conduct a Temporary Operation in which North Star will receive railroad cars in the BNSF railroad property designated for fuel transfer. The railcars will be connected with industry standard equipment to tanker trucks and discharged into the trucks. Daily site inspection and cleaning will be performed by site staff. The facility will have fencing and gates to restrict access and secure the site. Please see attached technical overview of North Star Gas LTD phased development. • FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: The City has incurred $237.00 for processing the TUB. Fire inspection fees TBD. Total Fees are $237.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions and requirements of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A TACHMENTS: lication for a Temporary Use Permit with recommended approvals and conditions and requirements of approval. Actual Event Hours: T0am/pm to 500 am/pm Setup/assembly/construction Date: /07 Start time: Please describe the scope of your setu /assembly work (specificciifdetails):/;���/aro✓ ✓�MSIUQC/4Pl�i' �v7!°�1� %O✓TGb/P//O/DF//1(Ge Wle s U JOrt, C Type of Event: Public Concert Parade Motion Picture _ Fair _ Festival _ Demonstration Circus Grand Opening ")(,_ Other Tn/c _ Community Event Block Party D/,), Event Title: ;r/ _c7G17 (94 c. /r�i,14 ,-, ap-- q)(074, ,c)� Event Location /k/�S Ave-/ a�/ GGt' j /J/x'/�7`/ Event Date(s): From lJ /to '7 Total Anticipated A endance: ( . Participants) Spectators) Dismantle Date: Completion Time: am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. �/ " Sponsoring Organization: /L' ' 7 o, a G 1/-/ / _ Not -for -Profit Chief Officer of Organization (Na/me) z d% ' /j/r S�li/i T Applicant (Name): /Z ;r y` 4 ar � /1 %; . i� For Profit Address: l2 7 / 4U `4faa �SrGf %-57 5cif O Daytime Phone: (//q) to 5Z 7Zbc, Evening Phone: ( ) Fax: ((1') 71 )'Y/1 Contact Person "on site" day of the event: G .//I4f'6 / //`' f Pager/Cellular: Z'//G4'3'2 ''(1$" 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? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): _ YES NO NO YES $ 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. A-77 /e c eii/e /ca/Awd C rS /fri 7< ie /ai/-da /,vr©,7/17/Y d/Viv / - /l lAt'i %,� / Grfe 7e r�// ar5 kid/ ,� tea,/ier1 u;,i/ � ;M7,f�s op; � / 1,.(p vli°f 7 j /0 . ,;, �f d-4rG- - 5 G/I d /�// S G61G/ e g/0/Z'a itik, oV-L- /:47 CtL4�, fdJ e 4'/X7. 7 _ YES NO If the event involves the sale of cars, will the cars come exclusively from National sale: /f2/ City,par dealers? If NO, list any additional dealers involved in the 2 YES y NO Does the event involve the sale or use of alcoholic beverages? _ YES NO Will items or services be sold at the event? If yes, please describe: YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. XYES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES 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. _ YES 4NO 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 ee/�� Please describe how food will be served at the event: iv 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 v V V V / V V V) Number of portable toilets: J (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: /.21/ �� j ;may �e /*i; ,by s, , sf 3 Please describe your procedures for both Crowd Control and Internal Security: 14// // �Gi �P �/Il � � y G � �`e's /e3:7/7G7 _ YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: X YES _ NO Is this a night event? If YES, please state how the event and surrounding area will b illumjnat d to ensure safetypf the participants nd ect ors: %1 / --� /4p i- Ai' Geer GPf'/C h06/ /1 d/e'//cam/ .s/ i !/ 2 / / •f 6-k/ Z'o elr k(?il efr/ h_c Gl/O l h a/ea Please indicat what a ang ent yo (7t4 ,6/7 7 / G?ic cam,// gyp ,rs/eee- have de for providing First Aid to i and Equipment. .�i •.'/G✓7 1/t' a g <1e ,'sv(D/Ufa s Please describe your AccessibiliV Plan for a cess at your event by in ividuals withpdisabifjties: 't e !I /1 l zo r ' ill, Oi7<//Rt D7 l M- ///27/717:V /PSTi oG1%b�js �ICC/ 5S �v Are /) Ydk:1/f11.- Please provide a detailed description of your PARKIN plan: 1/5 oJi /��� / t/`H move /7 6 e , /oo�(' �/'74( b<' al��� ezy O lease escriibe your plan or DI%SALED PARKING: / fiDr G)!/j! / / /'r is �i"/Ui' ✓L y f'N�i.'d� � Gil / �' i� G' 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: /h, s 1,.E("i,47`i/ vrr /)f/l yro s i</ i`ca 4 .'knydc/ /�L e 1y n/-/4'A--/fr :h / , 11( 1/a/70. 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 \CNO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YES XNO 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: Number of Bands: _ YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES>( NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 5 Event: For Office 'Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 August, 2011 1 Transf�,.Tonsul t North Star Gas Phased Development Proposal: 1. North Star Gas, a California Corporation, proposes a first phase development of a temporary, rail to truck loading operation in the Tidelands Industrial Area. • One of various sites reviewed, an unused BNSF facility, has garnered favorable consensus with National City Authorities, BNSF, and NSG. • The Phase I: temporary operation will utilize fueling and scale services of a local vendor and employ 20 to 30 people. 2. NSG coordinated with National City authorities on permit structure for the temporary operation and is now developing a separate, permanent Phase II project for a retail point of sale operation. The Phase II: permanent operation will generate sales tax revenue for the City in excess of $1 M annually. 3. North Star Gas, will meet Local, State, Federal and BNSF safety and regulatory requirements to operate the services and provide long term value added to the community. 2 Trans Consult North Star Gas Phase I - Temporary Operation: Location and Truck Access: 2101 Tidelands Ave. 1. Site Location 2. Access Route 3. Egress Route 4. Fueling & Scale 5. Truck Staging • • Existing truck traffic in the industrial area far exceeds the traffic generated by this facility, which at a maximum would generate 30 trips per day. No street parking is used for the operation. Trucks will be staged at the site location or Railroad team track area. 4.0 ;e1P- A " • , „„„, ,C7,1‘1 Oran n a; , vg. , 4.01 North Star Gas Phase I - Temporary Operation Site Layout: 2101 Tidelands Ave. • BNSF Tidelands unoccupied tracks • Area will be Fenced and Gates repaired • Existing Ingress & Egress on Tidelands Av. • Site to be cleaned and improved 4 Trans)Consult North Star Gas Phase l - Temporary Operation Typical Operation 5 Trans JCansult North Star Gas Phase l - Temporary Operation: Description of Activities 1. Railcar Discharge Operation (Demand and Service Based Hours) a. Empty railcars will be removed and Toads positioned from San Diego rail yard by BNSF daily (typically mid -morning) b. Railcars are inspected and approved for discharge. c. Transload trailer is positioned adjacent to railcar. d. Truck is positioned adjacent to Transload trailer and inspected. e. Grounding and hose connections are made and checked. f. Truck loading requires approximately 2 hours per truck. g. Full trucks are disconnected, inspected and dispatched immediately. 2. Truck Operation: a. Truck fleet complies with CARB requirements. b. Trucks will idle under 5 minutes or be shut down. c. Carousel operation will minimize Trucks in the terminal during the day. d. BNSF has provided additional off street parking for truck staging if necessary. No on -street parking will be utilized. 6 Trans;)Consult Operation Registrations and Approvals: 1. No product storage: only direct, daily transload of railcars to trucks. 2. Facility meets CA Fire Code setback requirements for permanent storage although storage is not required for this operation. 3. Truck tanks and Railcars are DOT registered and inspected. 4. North Star Gas is US DOT and CHP registered for Hazmat operation. 5. Exclusive use of area: facility is being fenced to restrict access. 5. SD HM Business Plan in process as required. 7. Equipment is new, industry standard, explosion proof with triple redundant valves on rail and truck tanks and available for inspection. 8. Fire Marshall review and permit approval in process at time of submittal. 7 ITEMS z; FConsult North Star Gas Phase 1- Temporary Operation: Aerating Personnel: 28 Jobs Created Terminal Organization Structure Responsibilities Facility Manager (On Site) Terminal Operator (Shift I) Terminal Assistant (Shift I) Terminal Safety, Operation, Documentation, Communication, Administration, Co. Representative Truck & Rail Transportation Programming & Documentation Manager Backup: Admininsration & Corporate Representation Terminal Safety, Operation, Documentation (Operational), Emergency Communications Terminal Safety, Operation Emergency Communications 1. Up to 15 Truck Operators will be hired to support this operation or alternate trucking routes. 2. Multiple Shift Operation will require duplicate terminal staff assume 2 shifts or 8 positions. 3. Management and administrative and support staff/service providers will add 5 more positions Trans :r)Consult 8 Transload Facility + perator Training: Operators have appropriate safety and response training and certification as required and recommended: 1. Use of Personal Protective Equipment DOT CFR 49 173.31 2. OSHA CFR29 1910.120 Health and Safety 3. HAZCOM 4. Fire Extinguisher Operation 5. CPR/First Aid 6. Emergency Response Plan 7. Security Plan 8. Facility Operation Plan 9. BNSF Railroad Safety Training 9 Trans;Consult Transload nit Features: Self -Contained Portable Trans -loader 1. Remote Generator: CARB Compliant 2. Power shuts down & valves close in case of disconnect/depressurization 3. 100% sealed loop transfer process with no product release. Remote shut down station Autonomous Portable Unit: Equipment & Process are compliant with: OSHA, NFPA 58, DOT, FRA, CARB, CA Fire, Mechanical, HM Codes PPE, Railroad Safety, and Emergency Equipment in Unit Railcar, rail, unit & truck grounded 10 Trans Consult PPE, railings, access bridges and other safety appurtenances in compliance with applicable regulations. 11 Triple redundant, industry standard safety valves: 1. Manual valves for normal operation 2. Internal tank automatic excess -flow cut-off valves on truck and railcar 3. Snappy Joe TM Air Controlled Safety Valves for remote control and automatic emergency shut off Trans .Consult HAZARDOUS MATERIALS BUSINESS PLAN For Review by National City Fire Department Prior to Filing with County of San Diego Department of Environmental Health, Hazardous Materials Division SAN DIEGO REGIONAL HAZARDOUS MATERIALS QUESTIONNAIRE ---ss Name Star Gas Ltd. Co. Address 2101 Tidelands Avenue Mailing Address P.O. Box 210005 Project Contact UPFP# HV# OFFICE USE ONLY BP DATE 1 1 Business Contact Telephone # Clemente Couturier (619) 632-7205 x City State Zip Code Chula Vista CA 91950- City State Zip Code Chula Vista CA 91921- Clemente Couturier Telephone# e (619) 632-7205 x The following questions represent the facility's activities, NOT the specific project description. PART I: FIRE DEPARTMENT — HAZARDOUS MATERIALS DIVISION: OCCUPANCY CLASSIFICATION: Indicate by circling the item, whether your business will use, process, or store any of the following hazardous materials. If any of the items are circled, applicant must contact the Fire Protection Agency with jurisdiction prior to plan submittal. Facility's Square Footage (including proposed project): 56,500 Occupancy Rating: (N/A) 1. Explosive or Blasting Agents 5. Organic Peroxides 9. Water Reactives 13. Corrosives 2. Compressed Gases 6. Oxidizers 10. Cryogenics 14. Other Health Hazards 3. Flammable/Combustible Liquids 7. Pyrophorics 11. Highly Toxic or Toxic Materials 15. None of These. 4. Flammable Solids 8. Unstable Reactives 12. Radioactives APN# Plan File# PART II: SAN DIEGO COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH — HAZARDOUS MATERIALS DIVISIONS (HMD): If the answer to any of the questions is yes, applicant must contact the County of San Diego Hazardous Materials Division, 5500 Overland Avenue, Suite 110, San Diego, CA 92123. CaII (858) 505-6700 prior to the issuance of a building permit. FEES ARE REQUIRED. Project Completion Date: Expected Date of Occupancy: YES NO (for new construction or remodeling projects) 1. LI ® Is your business listed on the reverse side of this form? (check all that apply). 2. ❑ ® Will your business dispose of Hazardous Substances or Medical Waste in any amount? 3. ® ❑ Will your business store or handle Hazardous Substances in quantities equal to or greater than 55 gallons, 500 pounds 200 cubic feet, or carcinogens/reproductive toxins in any quantity? 4. ❑ ® Will your business use an existing or install an underground storage tank? 5. ❑ ® Will your business store or handle Regulated Substances (CaIARP)? 6. 0 ® Will your business use or install a Hazardous Waste Tank System (Title 22, Article 10)? 7. ❑ ® Will your business store petroleum in tanks or containers at your facility with a total facility storage capacity equal to or greater than 1,320 gallons? (California's Aboveground Petroleum Storage Act). ® CaLARP Exempt Date Initials ❑ CaIARP Required Date Initials ❑ CaLARP Complete Date Initials P I: SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT: If the answer to any of the questions below is yes, applicant must contact the Air Pollution Control District (APCD), 10124 Old Grove Road, San Diego, CA 92131-1649, telephone (858) 586-2600 prior to the issuance of a building or demolition permit. Note: if the answer to questions 4 or 5 is yes, applicant must also submit an asbestos notification form to the APCD at least 10 working clays prior to commencing demolition or renovation, except demolition or renovation of residential structures of four units or less. Contact the APCD for more information. YES NO 1. ❑ ® Will the subject facility or construction activities include operations or equipment that emit or are capable of emitting an air contaminant? (See the APCD factsheet at http:1/www-sdapcd.orq/info/facts/permits.pdf and the list of typical equipment requiring an APCD permit on the reverse side of this from. Contact APCD if you have any questions). 2. ❑ ❑ (ANSWER ONLY IF QUESTION 1 IS YES) Will the subject facility be located within 1,000 feet of the outer boundary of a school (K through 12)? (Search the Califomia School Directory at htto://www.cde.ca.gov/re/sd/ for public and private schools or contact the appropriate school district). 3. Has a survey been performed to determine the presence of Asbestos Containing Materials? 4. Wilt there be renovation that involves handling of any friable asbestos materials, or disturbing any material that contains non -friable asbestos? 5. Will there be demolition involving the removal of a load supporting structural member? Briefly describe business activities: Briefly describe proposed project: Direct Discharge of LPG from Railcars into Truck Temporary LPG transfer from railcar to trucks. I declare under penalty of perjury that to the best of my knowledge and belief t e responses made herein are true and correct. Name of Owner or Authorized Agent Signature of Owner or Authorized Agent / / Date FIRE DEPARTMENT OCCUPANCY CLASSIFICATION: BY: FOR OFFICAL USE ONLY: DATE: EXEMPT OR NO FURTHER INFORMATION REQUIRED RELEASED FOR BUILDING PERMIT BUT NOT FOR OCCUPANCY RELEASED FOR OCCUPANCY COUNTY-HMD* APCD COUNTY-HMD APCD COUNTY-HMD APCD only exempts f businesses rom completing or updating a Hazardous Materials Business Plan. Other permitting requirements may still apply. IM-9171 (02/11)('nuntvnfCan Tlron—r1F/1—Aaoadn.. nAam al Tl:.:.: �opve . ,�f •'�-' . "tee i"! Nl f/ • COUNTY OF SAN DIEGO CUPA DEPARTMENT OF ENVIRONMENTAL HEALTH HAZARDOUS MATERIALS DIVISION / / o...1 / ' r ` �' " t�. {.•,.•.% 0 Mnccco , P.O. BOX 129261, SAN UJFGO, CA 92112-9261 Date Submitted 858 505-6880 FAX 858 SOS�i848 • l ) 1 ) BUSINESS ACTIVITIES Page of I. FACILITY IDENTIFICATION FACILITY ID # 3 7 0 0 0 ' EPA ID # (Hazardous Waste Only) 2 BUSINESS NAME (Same as FACILITY NAME or DBA-Doing Business As) North Star Gas Ltd, Co. BUSINESS SITE ADDRESS 103 2101 Tidelands Avenue BUSINESS SITE CITY 104 National City CA ZIP CODE to!. 91950 11. ACTIVITIES DECLARATION NOTE: If you check YES to any part of this list, please submit the Business Owner/Operator Identification page. Does your facility... If Yes, please complete these pages of the UPCF.... A. HAZARDOUS MATERIALS Ilave on site (for any purpose) hazardous materials at or above 55 gallons for liquids, 500 pounds for solids, or 200 cubic feet for compressed gases (include liquids in ASTs and (JSTs); or the applicable Federal threshold quantity for an extremely hazardous substance specified in 40 CFR Part 355, Appendix A or B; or handle radiological materials in quantities for which an emergency plan is required pursuant to 10 CFR Parts 30, 40 or 70? 0 YES N NO 4 HAZARDOUS MATERIALS INVENTORY - CHEMICAL DESCRIPTION HM-9703 B. REGULATED SUBSTANCES Have Regulated Substances stored onsite in quantities greater than the threshold quantities established by the California Accidental Release Prevention (CalARP) Program? •YF;S y NO 4a Coordinate with your local agency responsible for CalARP. (Risk Management Plan) C. UNDERGROUND STORAGE TANKS (USTs) UST FACILITY (Formerly sw11CBFoo.A)HM-9715 Own or operate underground storage tanks? • YES ►.I NO 5 UST TANK one page per ark-FormerlyFmmB)11M-9717 D. ABOVE GROUND PETROLEUM STORAGE Store greater than or equal to 1,320 gallons of petroleum products (new or in above ground tanks or containers? •used) YES ly NO 8 NO ADDITIONAL FORM REQUIRED TO CUPAs (see s. on bark) E. HAZARDOUS WASTE • Generate hazardous waste? • Recycle more than 100 kg/month of excluded or exempted recyclable materials (per HSC 25143.2)? • Treat hazardous waste on site? • Treatment subject to financial assurance requirements (for I'ermit by Rule and Conditional Authorization)? • Consolidate hazardous waste generated at a remote site? • Need to report the closure/removal of a tank that was classified as• hazardous waste and cleaned onsite? • Generate in any single calendar month 1,000 kilograms (kg) (2,200 pounds) or more of federal RCRA hazardous waste, or generate in any single calendar month, or accumulate at any time, 1 kg (2.2 pounds) of RCRA acute hazardous waste; or generate or accumulate at any time more than 100 kg (220 pounds) of spill cleanup materials contaminated with RCRA acute hazardous waste? • Household Hazardous Waste (I-IHW) Collection site? • YES ►, NO 9 il YES ►� NO ] D ■ YES NO 11 • YES ►1 NO 12 • YES ►1 NO ] 3 YES /1 NO 14 • YES /� NO 14a • YES Its. NO 14b EPA ID NUMBER - provide at the top of this page RECYCLABLE MATERIALS REPORT (one per reryder)HM-9713 ONSITE HAZARDOUS WASTE TREATMENT - FACILITY HM-9705 ONSITE HAZARDOUS WASTE TREATMENT - IINIT (one page per unit) HM-9706 CERTIFICATION OF FINANCIAL ASSURANCE HM-9707 REMOTE WASTE / CONSOLIDATION SITE ANNUAL. NOTIFICATION HM-9714 HAZARDOUS WASTE TANK CLOSURE CERTIFICATION HIM-9704 Obtain federal EPA ID Number, tile Biennial Report (EPA Form 8700-13A/B), and satisfy requirements for RCRA Large Quantity Generator. See CUPA for required forms_ F. LOCAL REQUIREMENTS • MEDICAL WASTE Generate <200Ibs/month of MedicalBiohazardous Waste? Generate >200 IbsJmonth of Medicat/Biohazardous Waste? Generate >200 Ibs/month of MedicalBiohazardous Waste and treat any amount of medical waste? • HANDLE TOXIC GASES with threshold limit value (TLV) < 10 ppm in any quantity? • • • ■ YES YES YES YES /:� fill ►:/ ® NO NO NO NO IIM-9701 UPCF-Business Activities (02/11) -cm tMf ItI�:�t l o �. �` r, ��` I '4p cCLL IIAZARDOUS COUNTY OF SAN DIEGO CUPA DEPARTMENT OF ENVIRONMENTAL HEALTH HAZARDOUS MATERIALS DIVISION 08/06/11 P.O. BOX 129261, SAN DIEGO, CA 92112-9261 Date Submitted (858) 505-6881t FAX (858) 505-6848 MATERIALS INVENTORY — CHEMICAL DESCRIPTION (We page per mama{ pa building or area) EADD ■DELETE ■REVISE 200 Page I oft 1. FACILITY INFORMATION BUSINESS NAME (Same as FACILITY NAME or DBA — Doing Business As) 3 North Star Gas Ltd. Co. CHEMICAL LOCATION 201 SEE SITE MAP/PLAN CHEMICAL LOCATION CONFIDENTIAL 202 EPCR A ❑ YES ►.� NO FACILITY ID # 3 7 0 0 0 1 MAN(optional) 203 NOT USED GRID/ (optional) 204 NOT USED I CHEMICAL INFORMATION CHEMICAL NAME 205 'TRADE SECRET 0 YES �il NO 206 if Subjca to EPCRA, refer to imtmctiorss COMMON NAME 207 Propane 208 EHS' • YES ElNO CAS# 209 74-98-6 .If HIS is "Yes", all amounts below must be in lbs. FIRE CODE HAZARD CLASSES (Complete if required by CUPA) 210 NOT REQUIRED BY SAN DIEGO COUNTY 211 HAZARDOUS MATERIAL, ® a PURE 0 b_ MIXTURE 0 c. WASTE TYPE (Check one item only) 212 RADIOACTIVE ❑ Yes N No 213 CURIES "^'SICAL STATE 2l4 xk one item only) Cla. SOLID El b. LIQUID ❑ c. GAS 215 LARGEST CONTAINER 30000 I IAZARD CATEGORIES 216 (Check all that apply) ® a. FIRE Elb. REACTIVE ®c PRESSURE RELEASE 0 d. ACUTE HEALTH CIe. CHRONIC HEALTH AVERAGE DAILY AMOUNT 217 (stored on site) 40000 MAXIMUM DAILY AMOUNT 218 (stored on site) 180000 ANNUAL WASTE AMOUNT 219 STATE WASTE CODE 220 UNITS' ® a GALLONS 0 b_ CUBIC FEET 0 c_ POUNDS ❑ d. TONS 221 (Check one item only)' If EHS, amount most be in pounds. DAYS ON SITE: 222 365 STORAGE ❑ a ABOVE GROUND TANK 0 e. PLASTIC/NONMETALLIC DRUM ❑ i. FIBER DRUM 0 m GLASS HOTnnE ® q_ RAIL CAR CONTAINER ❑ b_ UNDERGROUND TANK ❑ f. CAN 0 j_ BAG ❑ n. PLASTIC BOTTLE ®r. OTHER ❑ c. TANK INSIDE BUILDING 0 g CARBOY ❑ k_ BOX ❑ o. TOTE BIN 227 ❑ d_ STEEL DRUM ❑ h_ SILO ❑ 1. CYLINDER 0 p_ TANK WAGON 224 STORAGE PRESSURE 0 a_ AMBIENT El b. ABOVE AMBIENT ❑ c. BELOW AMBIENT STORAGE "TEMPERATURE ®a AMBIENT ❑ b. ABOVE AMBIENT 0 e BELOW AMBIENT ❑ d. CRYOGENIC 2z5 %WT HAZARDOUS COMPONENT (For mixture or waste only) EHS CAS # 226 227 22ft ❑ Yes ❑ No 229 230 2 231 232 ■ Yes ❑ No 233 234 3 235 236 ❑ Yes •No 237 238 4 239 240 ■ Yes ■ No 241 242 5 243 244 ■ Yes •No 245 )ITIONAL LOCALLY COLLEC I LD INFORMATION 246 _ CHECK THIS BOX IF THIS HAZARDOUS MATERIAL IS A TOXIC GAS THAT HAS A THRESHOLD LIMTI' VALUE (ITV) < 10 ppm. THIS HAZARDOUS MATERIAL. MUST BE INVENTORIED IN ANY QUANTfI'Y. ■ CHECK THIS BOX IF THIS HAZARDOUS MATERIAL IS SUBJECT TO RMP REQUIREMENTS AND/OR CAIJARP REQUIREMENTS HM-9703 (02/11) UPCF-Hazardous Materials Inventory —Chemical Description FACILITY ID it COUNTY OF SAN DIEGO CUPA DEPARTMENT OF ENVIRONMENTAL HEALTH HAZARDOUS MATERIALS DIVISION P.O. BOX 129261, SAN DIEGO, CA 92112-9261 (858)505-6880 FAX (858)505-6848 BUSINESS OWNER/OPERATOR IDENTIFICATION 3 7 0 0 0 I. IDENTIFICATION Page BEGINNING DAM 100 T ENDING DATE 2011-08-06 2012-08-06 i 103 BUSINESS NAME (Scare as FACILITY NAME or DBA- Doing Business As) North Star Gas Ltd. Co. BUSINESS SITE ADDRESS 2101 Tidelands Avenue BUSINESS SITE CITY National City DUN & BRADSTREET 3 BUSINESS PHONE (619) 632-7205 102 BUSINESS MAILING ADDRESS 2279 Avenida Costa Este BUSINESS MAILING CITY San Diego BUSINESS OPERATOR NAME North Star Gas Ltd. Co. OWNER NAME OWNER MAILING ADDRESS CITY 109 CA 106 losb STATE CA 109 111 103 BUSINESS FAX (619) 710-1415 ZIP CODE 91950 PRIMARY SIC 5171 1o8c 105 107 ZIP CODE 92154- COUNTY San Diego BUSINESS OPERATOR PHONE 102a 101 I08a 108d 110 113 114 STATE III. ENVIRONMENTAL CONTACT CONTACT NAME Clemente Couturier CONTACT MAILING ADDRESS 2279 Costa Este CITY San Diego —PRIMARY— 115 ZIP CODE 117 CONTACT PHONE (619) 632-7205 118 NAME Clemente Couturier IITLE Business Manager B1 JSINESS PHONE (619) 632-7205 x 24-11OUR PHONE* (619) 632-7205 x PAGER tt 119 CONTACT EMAIL* cgcouturier@northstargasltd.com 119a 120 STATE 121 ZIP CODE CA 92154- 122 V. EMERGENCY CONTACTS-SECONDARY- 123 NAME Don Smith ADDITIONAL LOCALLY COLLECTED INFORMATION: E-MAIL: * cgcouturier@northstargasltd.com 124 TITLE President 128 129 125 126 127 BUSINESS PHONE. 130 24-HOUR PHONE* 4344662528 PAGER tl 131 132 *This information will remain confidential. ALWAYS SUBMIT A COPY OF THIS COMPLETED PAGE WITH SUBMITTAL OF ANY OTHER UNIFIED PROGRAM CONSOLIDATED FORM. Certification: Based on my inquiry of those individuals responsible for obtaining the information, 1 certify under penalty of law that 1 have personally examined and am familiar with the information submitted and believe the information is true, accurate, and complete. SIGNATURE OF OWNER/OPERATOR OR DE.SIGNAIED REPRESENlAIIVE DATE 134 NAME OF DOCUMENFPREPARER 135 2011/08/06 Ed Palmer E-MAIL: * dsmith@northstargasltd.com NAME OF SIGNER (print) Clemente Couturier 11M-9702 (02/11) -UPCF-Business Owner/Operator Identification 136 TITLE OF SIGNER Business Manager 137 THOMAS BROS COORDINATES COUNTY OF S___. _IEGO CUPA Department of Environmental Health -Hazardous Materials Division BUSINESS NAME NORTH STAR GAS LTD. CO. BUSINESS ADDRESS 2279 AVENIDA COSTA ESTE HM-952 (02/11) SITE MAP (Page 1 DATE 08/06/2011 of 3 ) UPFP # ZIP CODE 92154 McKinley Ave; rn t +!4 OFFICE USE ONLY REVIEWED BY North Star Gas Transload Operation 2101 Tidelands Av, National City 91950 31 THOMAS BROS COORDINATES BUSINESSNAME NORTH STAR GAS LTD. CO. BUSINESS ADDRESS 2279 AVENIDA COSTA ESTE COUNTY OF SAN DIEGO CUPA Department of Environmental Health -Hazardous Materials Division SITE MAP (Page 2 of 3 ) UPFP # DATE 08/06/2011 ZIP CODE 92154 OFFICE USE ONLY REVIEWED BY: `-4 THOMAS BROS COORDINATES COUNTY OF JIEGO CUPA Department of Environmental Health -Hazardous Materials Division SITE MAP (Page 3 of 3 ) UPFP BUSINESS NAME NORTH STAR GAS LTD. CO. DATE 08/06/2011 BUSINESS ADDRESS 2279 AVENIDA COSTA ESTE ZIP CODE 92154 ........................................................• • TRANSLOAD OPERATION •.••' TIDELANDS AVENUE HM-952 (02/11) OFFICE USE ONLY REVIEWED BY: ......................................................................... LAREA J •••••• : . . : : 31 HAZARDOUS MATERIALS BUSINESS PLAN II. EMERGENCY RESPONSE PLAN Date: 8/6/2011 UPFP# 1. Business Name: North Star Gas Ltd. Co. 2. Business Site Address: 2101 Tidelands Avenue, National City, 91950 3. Business Telephone: (619) 632 - 7205 24-Hour Number: (619) 632 - 7205 4. Brief description of product manufactured and/or service provided: LPG transfer from Railcar to Truck 5. Evacuation Procedures: In case of emergency requiring evancuation, employees will communicate by radio or shouting "EMERGENCY EVACUATE". Employees will gather across the street from the northwest corner of property to notify emergency responders, stand by to brief and assist them and call roll. Notification procedures: In the event of a release or a threatened release of a hazardous material the following agencies are to be notified: Phone # A. Local Emergency Response Agencies 911 B. Hazardous Materials Division (HMD) C. California Emergency Management Agency (Cal EMA) (Califomia State Warning Center) D. Scripps Chula Vista, 435 H Street (Local Hospital or Medical Center) Name of person(s) responsible for completing notifications: Facility Manager/Terminal Operator Describe notification procedures: 1. Notify Emergency Agencies from Site. 2. Notify Railroad Local Dispatch and Emergency Coordinator. 3. Notify Corporate Officer. 4. Notify Environmental/Rail/Truck regulatory agencies. 5. Coordinate recovery effort Contractor's Name/Phone: Product recovery will be made by North Star Gas. 7_ Emergency Procedures: Product Leak and potential fire from leaks are main concerns (858) 505-6657 (after hours follow recorded instructions) (916) 845-8911 or Toll Free (800) 852-7550 (619) 691 - 7000 FIRE • Evacuate, actuating remote Emergency Shut down of Equipment, automatic closing all transfer valves. • Notify Fire Authorities. • If deemed safe by Terminal Operator, use fire extinguishers to control small fires. SMALL SPILL • LPG product vaporizes and does not require clean Lip. Spills from trucks to be picked up with absorbent materials. • Any contaminated material will be confined in labeled waste drums. LARGE SPILL • LPG large release will vaporize immediately. • Evacuate Site, actuating Remote Emergency Shut down. • Notify Fire Depatrment, Emergency Agencies and Railroad Emergency Contacts HHM-952 (08/11) County of San Diego CUPA Department of Environmental Health -Hazardous Materials Division 33 HAZARDOUS MATERIALS BUSINESS PLAN III. EMPLOYEE TRAINING DESCRIPTION I 116/2011 UPFP #: The following describes the employee training provided for all employees that handle hazardous substances. 1. Procedures for handling hazardous materials, including hazardous wastes: Persons Trained: Site Manager, Operators, Drivers Training Time: 24 hours Refresher Frequency: 1 year Training Content: • General HAZMAT Awareness Training • Function Specific and Product Specific Training • OSHA 29 CFR Training Health and Safety 2. Procedures for communication and coordination with emergency response agencies: Persons Trained: Site Manager, Dispatchers, Operators, Drivers Training Time: 12 hours Refresher Frequency: 1 year Training Content: • HAZCOM Training • Emergency Response Plan Site Security and Control 3. Use of emergency response equipment and materials under the business control: Persons Trained: Site Manager, Operators, Drivers Training Time: 16 hours Refresher Frequency: 1 year Training Content: • DOT 49 CFR and other Agency Railcar/Truck Tank Inspection and Operations Fire Extinguisher Use and Safety Training • Personal Protective Equipment Use • Transfer Equipment Inspection and Operation 4. Emergency Response Plan implementation: Persons Trained: Site Manager, Operators Training Time: 12 hours Refresher Frequency: 1 year Training Content: • Emergency Response Plan • First Aid /CPR • Life Safety/ Controllable Emergencies Refresher Time: B hours Refresher Time: 4 hours Refresher Time: 6 hours Refresher Time: 4 hours A drill encompassing safety procedures and spill equipment operation is used by some employers to train employees and improve their emergency response plan implementation skills. HM-952 Package (02/11) County of San Diego CUPA Department of Environmental Health -hazardous Materials Division 35 :tti`e's Tat COUNTY OF SAN Dil GO s F'�, �.� o DEPARTMENT OF ENVIRONMENTAL HEALTH-CUPA ' has - r HAZARDOUS MATERIALS DIVISION z !Jy� 6' o P.O. BOX 129261, SAN DIEGO, CA 92112-9261 'ry''�+, tr' (858) 505-6880 FAX (858) 505-6848 II .c , _,,' HAZARDOUS MATERIALS BUSINESS PLAN CF.RTiFICAT[ON The California Health & Safety Code (H&SC), Division 20, Chapter 6.95, Section 25505 provides for the following: The County of San Diego, Department of Environmental Health, Hazardous Materials Division (HMD), as the administering agency, requires a business that handles hazardous materials to submit the hazardous materials inventory, a list of emergency contacts, and a site plan, in lieu of a complete Hazardous Materials Business Plan (HMBP), only after the initial submittal of a complete IIMBP. A complete HMBP includes the items to be submitted to the HMD and an Emergency Response Plan and Employee Training Plan, as established in H&SC Section 25504. The business must annually certify that a complete HMBP has been prepared, is current and is maintained at the site where the hazardous materials are stored. See Back for instructions and further clarification I. IDENTIFICATION FACILITY TM 3 7 0 0 0 BUSINESS NAME (Same as FACILITY NAME or DBA - Dane Bwmess As) North Star Gas Ltd. Co. BUSINESS SITE ADDRESS Bra 2101 Tidelands Avenue CITY t� National City CA ZIP CODE tos 91950 I1. CERTIFICATION STA 1EMENT ❑ CARCINOGEN/REPRODUCTIVE TOXIN ANNUAL RENEWAL WITHOUT CHANCES: This is au annual renewal to certify that the List of carcinogens and/or reproductive toxins last provided is a current list as specified in the San Diego County Code of Regulatory Ordinances Section 68.1113. Check only ONE of the following boxes: ►� INITIAL CERTIFICATION: This is to certify (FI&SC Section 25505(exl)) that a complete HMBP, which includes the hazardous materials inventory, a list of emergency contacts, a site plan, emergency response plan, and employee training plat has been prepared and is maintained at the site where the hazardous materials are stored. ❑ ANNUAL CERTIFICATION WITHOUT CHANCES: This is an annual certification (H&SC Section 25505(d) & (eX2)) that the IIMBP, which includes the hazardous materials inventory, a list of emergency contacts, a site plan, emergency response plan, and employee training plan, is current and includes all the information required in H&SC Section 25504, and 25509, and is maintained at the site where the hazardous materials are stored. ❑ CERTIFICATION OF CHANGES/REVISIONS: This is to certify that the HMBP has been reviewed (H&SC Section 25505(c) & 25510) and all necessary changes/revisions have been made. The HMBP is current and is maintained at the site where the hazardous materials are stored. Attached are changes to the hazardous materials inventory and/or list of emergency contacts. For site map revisions, submit only the pages that have a change or revision and attach to this certification. This submittal satisfies annual certification requirements specified in H&SC Section 25505(d) & (e)(2). As an Authorized Representative, 1 certify, under the penalty of law, that 1 have personally examined and am familiar with the information submitted and believe the informations true, accurate, and complete. By checking any of the boxes above I also certify that a) The information contained in the hazardous materials inventory most recently submitted to the CIJPA or Administering Agency is complete, accurate, and up to date; b) There has been no change in the quantity of hazardous materials reported in the most recently submitted inventory; and c) All hazardous materials subject to inventory requirements are listed on the most recently submitted inventory. SIGNATURE OF OWNER/OPERATOR OR DESIGNATED REPRESENTATIVE DATE 8/6/2011 NAME OF SIGNER (print) Clemente G. Couturier TITLE OF SIGNER Business manager O F F 1 C E u s INSTRUCTIONS TO CLERICAL, STAFF FOR HMBP ACCEPTANCE ❑ Site Map / / *Note: Indicate the date that the inventory and/or ER contact *Emergency in the KIVA database was reviewed and (flanges ElEmergency Contacts / / ER were submitted for processing. If the inventory and contact ❑ *Chemical Inventory / / infomatksi preerxalythe sarneasitisrecorded inKIVA,tb (flanges need to be submitted. I lazardous Materials Business flan acceptance date will be changed to the acceptance date on new site map. A letter will be mailed to business after processing of site map updates. 11IRT SI I'E . * * FIRE DIST. Specialist's Signature: (only required for new plans or for changes to site maps, chernical inventory and/or emergency contacts) REMARKS: ** If HIRT box is checked, follow 1-IIRT policy to indicate on the inventory forms which hazardous materials make this a HIRT site. HM-953 (01/1 11- wi LPG PRODUCT MSDS HANDLING EQUIPMENT MANUFACTURER INFORMATION 1. Process, Compressor and Valve Operation 2. Temporary Use of Tier Four Compliant Generator does not require Operating Permit from CARB and is Exempt due to activity in Rule 11. Exemption will be filed locally even though equipment qualifies for statewide operating permit. Material Safety Data Sheet 1. Chemical Product and Company Identification Product name PROPANE MSDS# 0000000791 Historic MSDS#: 06535, 12179, 12180 Product Use Industrial applications Manufacturer Supplier BP Canada Energy Company 240 - 4 Avenue S.W. P.O. Box 200, Station M Calgary. Alberta T2P 2H8 CANADA BP Canada Energy Company 240 - 4 Avenue S.W. P.O. Box 200, Station M Calgary, Alberta T2P 2H8 CANADA EMERGENCY HEALTH 1 (800) 447-8735 INFORMATION: EMERGENCY SPILL 1 (800) 424-9300 INFORMATION: CHEMTREC (USA) OTHER PRODUCT INFORMATION 1 (866) 4 BP - MSDS (866-427-6737 Toll Free - North America) email: bpcares@bp.com 2. Composition J information on ingredients Ingredient Name CAS # % by Weight Exposure Limits PROPANE 74-98-6 100 Simple asphyxiant. AGGIH TLV (United States, 2000). TWA: 2500 ppm OSHA PEL (United States, 1971). TWA: 1800 MGM3 TWA: 1000 ppm OSHA PEL 1989 (United States, 1989). TWA: 100 mg/m' 3. Hazards identification Physical state Gas. (Liquefied gas) Color Colorless. Emergency Overview DANGER! Routes of Entry POTENTIAL HEALTH EFFECTS Eyes Skin EXTREMELY FLAMMABLE. VAPOR MAY CAUSE FLASH FIRE. AT VERY HIGH CONCENTRATIONS, CAN DISPLACE THE NORMAL AIR AND CAUSE SUFFOCATION FROM LACK OF OXYGEN. Liquid can cause burns similar to frostbite. Keep away from heat, sparks and flame. Avoid contact with eyes, skin and clothing. Do not breathe vapor or mist. Keep container closed. Use only with adequate ventilation. Skin contact. Eye contact. Inhalation. Liquid can cause burns similar to frostbite. Will cause serious damage to the eyes. Liquid can cause bums similar to frostbite_ Product Name PROPANE Page: 115 Version 1 Date of issue 08/2802002. Format US -FULL Language ( ENGLISH ) Inhalation Ingestion At very high concentrations, can displace the normal air and cause suffocation from lack of oxygen. Not applicable. Liquefied gas. See Toxicological Information (section 11) 1. First -aid measures Eye Contact Skin Contact Inhalation Ingestion Contact with liquid: Immediately flush with plenty of tepid water (105-115 F; 41-46 C). DO NOT USE HOT WATER. Get immediate medical attention. Contact with liquid: Immediately flush with plenty of tepid water (105-115 F; 41-46 C). DO NOT USE HOT WATER. Get immediate medical attention. Remove contaminated clothing and shoes. If inhaled, remove to fresh air. If not breathing, give artificial respiration. If breathing is difficult, give oxygen. Get medical attention immediately. Not applicable. Liquefied gas. 5. Fire -fighting measures Flammability of the Product Autoignition temperature Flash point Explosion Limits Products of Combustion Unusual fire/explosion hazards Fire Fighting Media and Instructions Protective Clothing (Fire) Extremely flammable. 449.9 "C -104.4 °C (CLOSED CUP) LOWER: 2.1 % UPPER: 9.5 % carbon oxides (CO, CO2); smokes as products of incomplete combustion. Extremely flammable in presence of open flames, sparks and static discharge, of heat. Vapors may form explosive mixtures with air. Vapor may cause flash fire. Vapors may accumulate in low or confined areas, travel considerable distance to source of ignition and flash back. Runoff to sewer may create fire or explosion hazard. Container explosion may occur under fire conditions or when heated. SMALL FIRE: Use DRY chemical powder. LARGE FIRE: Use water spray, fog or foam. DO NOT FIGHT FIRE WHEN IT REACHES MATERIAL. Withdraw from lire and let it burn. Promptly isolate the scene by removing all persons from the vicinity of the incident if there is a fire. Apply water from a safe distance to cool container and protect surrounding area. Firefighters should wear full bunker gear, including a positive pressure self-contained breathing apparatus. Firefighters' protective clothing will provide limited protection. 6. Accidental release measures Personal Precautions Personal Protection in Case of a Large Spill Eliminate all ignition sources. Immediately contact emergency personnel. Keep unnecessary personnel away. Use suitable protective equipment (Section 8) Follow all fire fighting procedures (Section 5). Splash goggles. Full suit Vapor respirator. Boots. Gloves. A self-contained breathing apparatus should be used to avoid inhalation of the product. Suggested protective clothing might not be sufficient; consult a specialist BEFORE handling this product. 7. Handling and storage Handling Storage Keep away from heat, sparks and flame. Keep container closed. Use only with adequate ventilation. Do not breathe vapor or mist. Take precautionary measures against static discharges. To avoid fire or explosion, dissipate static electricity during transfer by grounding and bonding containers and equipment before transferring material. Use explosion -proof electrical (ventilating, lighting and material handling) equipment. Avoid contact with eyes, skin and clothing. Wash thoroughly after handling. Store in a segregated and approved area. Keep container in a cool, well -ventilated area. Keep container tightly closed and sealed until ready for use. Avoid all possible sources of ignition (spark or flame). Product Name PROPANE Version 1 Date of issue 08/28/2002. Format US -FULL Language Page: 215 ( ENGLISH ) 8. Exposure controls/personal protection Occupational Exposure Limits Ingredient Name PROPANE Control Measures Hygiene measures Personal Protection Eyes Skin and Body Respiratory Hands Occupational Exposure Limits Simple asphyxiant. ACGIH TLV (United States, 2000). TWA: 2500 ppm OSHA PEL (United States, 1971). TWA: 1800 MGM3 TWA: 1000 ppm OSHA PEL 1989 (United States, 1989). TWA: 100 mg/ma Provide exhaust ventilation or other engineering controls to keep the airbome concentrations of vapors below their respective occupational exposure limits. Ensure that eyewash station and safety shower is proximal to the work -station bcation. Wash hands, forearms, and face thoroughly after handling compounds and before eating, smoking, using lavatory, and at the end of day. Avoid contact with eyes. Chemical splash goggles. Avoid contact with skin and clothing. Wear clothing and footwear that cannot be penetrated by chemicals or oil. Use only with adequate ventilation. Do not breathe vapor or mist. If operating conditions cause high vapor concentrations or TLV is exceeded, use supplied -air respirator. Insulated gloves suitable for low temperatures Consult local authorities for acceptable exposure limits. 9. Physical and chemical properties Physical state Odor Color Boiling Point / range Melting Point / range Critical Temperature Specific Gravity Vapor Pressure Vapor Density (Air = 1) Solubility Gas. (Liquefied gas) Odorless, unless odorized with ethyl mercaptan (skunky odor). Colorless. - 42 °C - 186 °C 96.7°C 0.59 770 kPa at 20°C 1.6 Insoluble in cold water. 10. Stability and reactivity Stability and Reactivity Stable under recommended storage and handling conditions (see section 7). Conditions to avoid Keep away from heat, sparks and flame. Incompatibility with Various Vapors may form explosive mixtures with air. Avoid chlorine, fluorine, and other strong oxidizers, nitric and Substances sulfuric acids. Hazardous Decomposition Products Hazardous Polymerization Will not occur. carbon oxides (CO, CO2); smokes as products of incomplete combustion. Product Name PROPANE Page: 3/5 Version 1 Date of issue 08/28/2002. Format US -FULL Language ( ENGLISH ) 11. Toxicological information Chronic toxicity Carcinogenic Effects No component of this product at levels greater than 0 International Agency for Research on Cancer (IARC). greater than 0.1 % is identified as a carcinogen by the U.S. Occupational Safety and Health Act (OSHA). Mutagenic Effects No component of this product at levels greater than 0. as a mutagen. Reproductive Effects No component of this product at levels greater than 0. as a reproductive toxin. Teratogenic effects No component of this product at levels greater than 0. as teratogenic or embryotoxic. .1 % is identified as a carcinogen by ACGIH or the No component of this product present at levels U.S. National Toxicology Program (NTP) or the 1 % is classified by established regulatory criteria 1 % is classified by established regulatory criteria 1% is classified by established regulatory criteria 12. Ecological information Mobility This product is likely to volatize rapidly into the air because of its high vapor pressure. This product is not likely to move rapidly with surface or groundwater flows because of its low water solubility of: <0.1% 13. Disposal considerations Waste Information Dispose of in accordance with all applicable local and national regulations_ Empty containers may contain harmful, flammable/combustible or explosive residue or vapors. Do not cut, grind, drill, weld, reuse or dispose of containers unless adequate precautions are taken against these hazards. Consult your local or regional authorities. 14. Transport information International transport regulations Regulatory Information UN number Proper shipping name Class Packing Group Label Additional information DOT Classification UN1978 Propane 2.1 Not applicable _ TDG Classification UN1978 Propane 2.1 Not applicabk - IMDG Classification UN1978 Propane 2.1 Not applicabk _ IATA Classification UN1978 Propane 2.1 Not applicabk - Product Name PROPANE Version 1 Date of issue 0828/2002. Format US -FULL Page: 4/5 Language ( ENGLISH ) 15. Regulatory information U.S. Federal Regulations US INVENTORY (TSCA): Listed on inventory. SARA Title III Section 302 Extremely Hazardous Substances (40 CFR Part 355): This product is not regulated under Section 302 of SARA and 40 CFR Pad 355. SARA Title III Sections 311/312 Hazardous Categorization (40 CFR Part 370): PROPANE: Fire Hazard, Sudden Release of Pressure SARA 313 toxic chemical notification and release reporting: No products were found. CERCLA Sections 102a/103 Hazardous Substances (40 CFR Part 302.4): This material is not regulated under CERCLA Sections 103 and 107. State Regulations Pennsylvania RTK: PROPANE: (generic environmental hazard) Massachusetts RTK: PROPANE New Jersey: PROPANE California prop. 65: No products were found. Inventories AUSTRALIAN INVENTORY (AICS): Listed on inventory. CANADA INVENTORY (DSL): Listed on inventory. CHINA INVENTORY (IECS): Listed on inventory. EC INVENTORY (EINECS): Listed on inventory. JAPAN INVENTORY (ENCS): Listed on inventory. KOREA INVENTORY (ECL): Listed on inventory. PHILIPPINE INVENTORY (PICCS): Listed on inventory. 16. Other information Label Requirements Hazardous Material Information System (U.S.A.) HISTORY Date of issue Date of Previous Issue Prepared by Notice to Reader DANGER! EXTREMELY FLAMMABLE. VAPOR MAY CAUSE FLASH FIRE. AT VERY HIGH CONCENTRATIONS, CAN DISPLACE THE NORMAL AIR AND CAUSE SUFFOCATION FROM LACK OF OXYGEN. Liquid can cause bums similar to frostbite. 08f28f2002. No Previous Validation. Product Stewardship National Fire Fire Hazard Protection Association (U.S.A.) Health x:'" instability Speck Hazard NOTICE : This Material Safety Data Sheet is based upon data considered to be accurate at the time of its preparation. Despite our efforts, it may not be up to date or applicable to the circumstances of any particular case. We are not responsible for any damage or injury resulting from abnormal use, from any failure to follow appropriate practices or from hazards inherent in the nature of the product. This Material Safety Data Sheet conforms to the requirements of ANSI Z400.1. LB161, LB361, LB601 & LB942 Compressors Oil -Free Gas Compressors for Liquid Transfer and Vapor Recovery Blackmer oil -free gas compressors deliver high efficiency in handling propane, butane, anhydrous ammonia and other liquefied gases. They are ideal for rail car unloading and vapor recovery applications. The single -stage, reciprocating compressors are designed to give maximum performance and reliability under the most severe service conditions. All pressure parts are of ductile iron construction for greater resistance to both thermal and mechanical shock. They are designed for ease of maintenance, with all components readily accessible. Models are available with capacities from 7 to 125 cfm (11.9 to 212 m3/h) with working pressure up to 350 psia (24.13 Bar). Gas compressors for Liquid transfer Many liquid transfer applications can be handled more efficiently with a gas compressor than a liquid pump. They include unloading of transports and pressure vessels where system piping restricts flow and may cause a pump to cavitate; unloading of LP gas from rail cars, and other installations that require an initial lift to the liquid. How liquid transfer is accomplished When transferring liquid, a compressor creates a slight pressure differential between the vessel being unloaded and the receiving tank. The suction stroke of the compressor piston draws in vapor and decreases the receiving tank pressure. The discharge stroke moves a measured volume of vapor at a higher pressure into the supply tank where it displaces an equal volume of liquid through a separate line into the receiving tank. Generally, the liquid flow rate will be 5 to 6 U.S. gpm for each cubic foot (ft3) of piston displacement (670 - 775 liters per cubic meter [m31). Gas compressors for vapor recovery When the liquid transfer phase has been completed, a significant amount of product (vapor and liquid) is left in the tank car (often 3% or more of the tank's capacity). Recovery of product with a compressor is a simple operation, and thus a compressor can quickly pay for itself. How vapor recovery is accomplished Vapor recovery is accomplished with the use of a four-way valve. By rotating the valve handle 90°, gas flow is reversed and the vapor pressure within the supply vessel is reduced- At this point, remaining liquid vaporizes and is quickly recovered. As the tank pressure is drawn down further, remaining vapors are also recovered to an economical level. Recovered vapor is discharged into the liquid area of the receiving tank and then condensed back into a liquid state. rr Tank car vapor recovery system (Propane Vapor Recovery The chart and graph illustrate typical volumes of liquid that may be recovered at various pressures and operating times, based on a 33,000 U.S. water gallon capacity (124,915 Utters) tank car— using a Blackmer LB361 gas compressor with 36 CFM (60.3 m3/h piston displacement). For example, when the liquid transfer phase of unloading is completed, the vapor pressure reads 150 psig (10.34 Bar gauge►. At this condition, there would be approximately 1,315 U.S. gallons (4,978 liters) of LP gas in vapor form remaining in the tank car. Of this amount, 845 U.S. gallons (3,199 liters) can be economically recovered in less than three hours. Beginning Tank - . _-- Tota1P oduet 1 Economically Pressure On Vapor Form) Recoverable Product PSIG , =_ Bar 11.3 Gals„ - Liters Liteis 13.79 1650 6246 175 MEM WEBB 12.07 10.34 8.62 6.89 5621 <1,153 EMBII 4976 845 -iMEM 11111117411111 760 3607 2124 419 2 699 1 Physical properties are based on N..PA 58 data for commercial pro one. Vapor pr sure 205 psig 11413 Harp 100'F 1318'Cl. 2 Economically recoverable product is based on reduction of tank Ares ure to 25% ol riginal value. Residual liquid not included. Nine: A different size tank will have a proportional relationship to the values shown above. For example, a 10,000 U.S. gallon 127,8501versl tank would represent 30.3% of 0m values given Volume Recovered From 33,000 U.S. Gallon Tank (124,915 Liters) 14— 2n0 12 - io- 5 8ro - Ff s - , 75 150 VA 125 N 10 75 50 15 2 HOURS Overall efficiency of plam piping may improve or detrimentally affect compressor performance_ All figures are approximate and rounded on for easy reading. Additional irdormz» nn for liquefied gases other than propane is available- consult your Blackmer representative_ Design Features Nigh efficiency valves move more gas volume The heart of any compressor is its valve assembly and Blackener valves are specifically designed for non -lubricated gas applications. With precisely engineered clearances, spring tension, and a special finish, these valves seat more positively so more gas is moved with each piston stroke. Blackmer valves offer greater strength, quiet operation, and long life. 0-Ring seals - head and cylinder The head and cylinder are sealed with 0-rings to ensure positive sealing under all operating conditions. Pressure assisted piston rings for positive seating Constructed of self-lubricating P11E, Blackmer's special ring design provides maximum sealing efficiency with minimal friction wear. The result: peak performance and extended compressor service life. Heavy-duty crankshaft The ductile iron crankshaft is precision ground with integral counterweights for smooth, quiet operation. Rifle drilling ensures positive oil distribution to the wrist pin and connecting rod bearings. Pressure lubricated bearings A rotary oil pump provides positive oil distribution to all mmning gear components for long life and minimal wear. Ductile iron pistons Heavy-duty ductile iron pistons are connected with a single positive locking nut which eliminates potential problems associated with more complex designs. Self-adjusting piston rod seals Crankcase oil contamination and cylinder blow -by is prevented with loaded glass -filled PTTE seals which maintain a constant sealing pressure around the piston rods. Ductile iron construction All pressure parts are of ductile iron for greater resistance to both thermal and mechanical shock. Wear -resistant crosshead assemblies Designed for maximum lubrication and wear resistance. Multiple seal options For applications that require maximum leakage control, double piston rod seals and a distance piece chamber are available for all Blackmer LB compressors. 117- Compressor Selection Data To select a compressor that best fits your application requirements, use the charts shown. The data provided is based on approximate delivery rates when handling propane or anhydrous ammonia. Actual capacities will depend upon line restrictions, size and length of piping. Horsepower requirements for both liquid transfer and vapor recovery applications are based on moderate climatic conditions. LB60I Engineering Specifications -0161 Let62 -:: .--3.11 (762) Campres ._18361 L6362 4.0 1101.6) or Model C6601. LB602. 19942 1.625•._. (117.4) 4$25 (11741 ' .�'25 3.0 4.0 -�i- 4.0 - (6351 -: 1762) (101.6) 1101.6) _ 'v It�411.,a7W 211.'... 4.3 77:?,: 14-9 (3.4) _ (73) (1 1) (2538) 1fi5 - 355 63.5,':": 123 128A) ". (683) (1D7.9) 1209) 350-. 350 35D',' 350 825 825:! 825 350 350 350-..::: - 350 (2413) (24.13) (24.13)- (24.13) 15 40 16) ; (111 130) 137) 350 -:: 350 350 "_- 350 7e■persrj2s'14' It77) ` (m) 11711`- 1177) 6 t Coehnueas,0o �5 5 5 " 5 9 9': _ 9 Double acting Compression Ratio defined as absolve discharge pressure divided by absolute inlet pressure. Compression Ratios are limited by discharge temperature. High compression ratios can create excessive heat, ie., over 350"F 117TC)- The duty cycle must provide tor adequate cooling time between periods of operation to prevent excessive operating temperature. LB36I1U Compressor Selection Data: Propane and Anhydrous Ammonia Speed °810i 810-`i 655 ';: Approxtitate Liquid Transfer 4eltvery' 49 65 83 90 92 123 134 161 194 201 242 288 246 341 916.: 'Piston 0is lacemeat 112 143 15.6 16.2 21.3 23.2 28.0 33.5 34.8 42.0 50.6 24.3 's<. 26.5 36.2 39. 475 57-0l 591 85.9 3 5 5 7.5 7.5 7.5 10 10 15 15 15 20 Drive 4 4 6 6 6 7 7 11 1 11 15 470', 800 335 355 400 480 640 680 1. i,344 2,575 58.7 62.2 70 84 - - 143 - 112 119 25 30 25 30 40 50 19 22 19 22 30 37 1 IX I -2 2 - 2B 3-4 Pipe Diameter' .- , 50-65 76-102 2 2;4 3 4 6 65 100 152 Delivery will depend on proper system design, pipe sizing and valve c pacily. Horsepower is for liquid transfer and vapor recovery in moderate clim tes. For liquid transfer without vapor recovery, horsepower will be lower. For severe climates, contact your Blackmer representative for horsepower required. 3 Use next larger pipe size 8 piping exceeds 100 feet (30 meters). 4 LBLTRAN la computer program available at Blackmers website www.blackmer.com) may be used to perform a detailed performance report based on your system parameters. Standard Compressor Packages Blackmer offers a variety of factory assembled compressor packages to fit most application requirements. Standard base mounted units are available in the following styles: CO - COMPRESSOR ONLY Includes basic compressor with flywheel. B - BASE MOUNTED UNIT Includes compressor, pressure gauges, formed steel base, V-belt drive with belt guard, and adjustable motor base, less motor. E - EXTENDED SHAFT Includes compressor with flywheel and extended crankshaft. TU - TRANSFER UNIT Includes compressor, pressure gauges, formed steel base, liquid trap assembly with a mechanical float, V-belt drive with belt guard, and adjustable motor base, less motor. TC or TW - TRANSFER UNIT Includes compressor, pressure gauges, steel base, ASME code stamped liquid trap assembly (complete with relief valve and a NEMA 7 electric float switch for Propane service), V-belt drive with belt guard, and adjustable motor slide base. TW units feature welded and flanged piping. LU - LIQUID TRANSFER/VAPOR RECOVERY UNIT Includes compressor, pressure gauges, formed steel base, liquid trap assembly with a mechanical float, inlet strainer, interconnecting piping, 4-way valve, V-belt drive with belt guard, and adjustable motor base, less motor. LC or LW - LIQUID TRANSFER/VAPOR RECOVERY UNIT Includes compressor, pressure gauges, steel base, ASME code stamped liquid trap assembly (complete with relief valve and a NEMA 7 electric float switch for Propane service), inlet strainer, interconnecting piping, 4-way valve, V-belt drive with belt guard, and adjustable motor base, less motor. LW units feature welded and flanged piping. All Compressor models are available with or without motors or accessories. Special engine drives, control panels and custom emergency evacuation units can be furnished on a special order basis. Blackmer compressors can also be mounted on transports with direct drive or V-beh drive, as shown below. Direct Drive v-Sett Drive HD Series Compressors Blackmer also offers a line of single and two -stage industrial gas compressors with double or triple piston rod seals and air or water cooling. Consult your Blackmer representative for more information and specifications. Optional Accessories Motors: Standard voltage and sizes in stock. Motor slide rails: Offer easy adjustment for standard motor frame sizes. Engines: Diesel, propane or gasoline fueled engines available. Liquid traps: Standard liquid traps have a mechanical float to protect the compressor by preventing liquid from entering. These traps may be fitted with an electric float switch to sound an alarm or stop the compressor in the event of high liquid level. Larger traps with ASME code construction and one or two electric float switches are also available. Vapor strainer assembly: Features a 30-mesh replaceable stainless steel screen and ductile iron body. Four-way valve: Four-way valves allow easy switching from liquid transfer to vapor recovery operation by reversing the system flow direction. Standard valves are ductile iron with a handle and easy -to -read flow direction indicator. Valves with electric or pneumatic actuation are available if remote operation is desired. Pressure gauges: Standard ''A -inch NPT liquid -filled for head mounting. Extended crankshaft: For direct drive mounting, or V-belt drive applications. Base plates: Formed steel or fabricated skid type. Belt guards: Heavy-duty 14-gauge steel, stainless steel or non -sparking aluminum construction. Custom -engineered LPG transfer compressor package RULE 11. EXEMPTIONS FROM RULE 10 PERMIT REQUIREMENTS (Effective 1/1/69: Rev. Adopted & Effective 10/17/95 Rev. Adopted & Effective 7/30/96 Rev. Adopted & Effective 5/21/97 Rev. Adopted & Effective 11/15/00 Rev. Adopted & Effective 4/25/07 INDEX OF EXEMPTION CATEGORIES AS LISTED IN SECTION (d) PAGE (1) Mobile Sources 5 (2) Combustion and Heat Transfer Equipment 5 (3) Structures and Structural Modifications 7 (4) Laboratory Equipment and Related Operations 7 (5) Replacement of Equipment 8 (6) Plant Support Equipment 9 (7) Metallurgical Processing Equipment — General 9 (8) Metallurgical, Glass, and Ceramic Processing Equipment — Using Furnaces, Kilns, and Ovens 11 (9) Abrasive Blasting Equipment 11 (10) Machining Equipment 12 (11) Printing and Reproduction Equipment 13 (12) Food Processing and Food Preparation Equipment 13 (13) Plastics, Foam, and Rubber Processing Equipment and Operations 13 (14) Mixing, Blending, and Packaging Equipment 14 (15) Coating and Adhesive Application Equipment and Operations 15 (16) Solvent Application Equipment and Operations 16 (17) Storage and Transfer Equipment 17 (18) Dry-cleaning, Laundry Equipment, and Fabric Related Operations 17 (19) Miscellaneous Equipment and Operations 18 (20) Registered Equipment 21 SDAPCD Regulation II -1- Rule 11 04/25/07 RULE 11. EXEMPTIONS FROM RULE 10 PERMIT REQUIREMENTS (a) APPLICABILITY (Revision Effective 4/25/07) (1) This rule is applicable to any article, machine, equipment, or other contrivance which would otherwise be subject to Rule 10. (2) This rule shall not exempt equipment, operations, or processes described in Section (d) from meeting all other applicable requirements of these Rules and Regulations: (3) This rule shall not apply to any equipment, operation, or process that violates Rule 51 as determined by the Air Pollution Control Officer. When the Air Pollution Control Officer makes such a determination and written notification is given to the owner or operator, the equipment, operation, or process may thereafter be subject to Rule 10. If no additional violations of Rule 51 are determined over a 2-year period, a permit may no longer be required. (4) This rule shall not apply to any equipment, operation, or process described in Subsections (d)(2) through (d)(19) that emits more than 100 lbs per day of any one of the following criteria air pollutants: particulate matter (MO, oxides of nitrogen (NOx), volatile organic compound (VOC), oxides of sulfur (SOx), carbon monoxide (CO), or lead (Pb). (5) This rule shall not apply to any equipment, operation, or process that is subject to the provisions of the National Emissions Standards for Hazardous Air Pollutants (NESHAP), 40 CFR 63, the New Source Performance Standards (NSPS), 40 CFR 60, and the Air Pollution Control District (District) Regulation X - Standards of Performance for New Stationary Sources and/or Regulation XI - National Emission Standards for Hazardous Air Pollutants. (6) Except for equipment specified in Subsection (d)(20)(iii), Section (d) of this rule shall not apply to any new or modified equipment, operation, or process that (i) emits or may emit toxic air contaminants, as defined in Rule 1200, and (ii) has emissions of toxic air contaminants that, in the absence of any emission control device or limitation on material usage or production, may be expected to exceed any standard specified in Rule 1200 (d)(1)(i), (d)(2), or (d)(3) as determined by the Air Pollution Control Officer. This provision shall not apply to any equipment, operation, or process for which construction or modification, as applicable, commenced prior to November 15, 2000, unless such equipment, operation, or process is subsequently modified in such a manner that increases emissions of one or more toxic air contaminants. In the event the Air Pollution Control Officer makes a preliminary determination that any standard specified in Rule 1200 (d)(1)(i), (d)(2), or (d)(3) may be exceeded, the Air Pollution Control Officer shall notify the owner or operator in writing and specify the Regulation II -2- Rule 11 (23) "Volatile Organic Solvent" means an organic solvent with an initial boiling point of less than 400°F (204°C). (d) EQUIPMENT, OPERATIONS, OR PROCESSES NOT REQUIRING A PERMIT TO OPERATE (Revision Effective 4/25/07) Any equipment, operation, or process that is listed below in Subsections (d)(1) through (d)(20), and that meets the stated exemption provision, parameter, requirement, or limitation, is exempt from the requirements of Rule 10. Such equipment, operation, or process shall not be exempt from any otherwise applicable standards in these Rules and Regulation, or applicable State or federal regulations, unless specified as exempt by that rule or regulation. Any person claiming such an exemption shall provide documentation sufficient to substantiate the applicability of the stated exemption provision, parameter, requirement, or limitation at the request of the Air Pollution Control Officer. (1) MOBILE SOURCES (i) Any engine mounted on, within, or incorporated into any vehicle, train, ship, boat, or barge, that is used primarily to provide propulsion, but which may also supply heat, mechanical, hydraulic, or electrical power to that same vehicle, train, ship, boat, or barge. This exemption does not apply to equipment located onboard floating dry docks or equipment used for dredging operations. (ii) Railway, road, and runway sweepers used respectively for cleaning rail tracks, roadways, and runways, provided the maximum manufacturer's output rating of any auxiliary sweeper engine is 200 brake horsepower or less. (2) COMBUSTION AND HEAT TRANSFER EQUIPMENT (i) Any reciprocating internal combustion engine with a brake horsepower rating of Tess than 50. (ii) RESERVED (iii) Any engine mounted on, within, or incorporated into any motor vehicle, train, ship, boat, or barge, that is used exclusively to load or unload cargo. For the purposes of this exemption, cargo shall not include the removal or relocation of sand, rock, silt, soil, or other materials from dredging operations. (iv) Any gas turbine engine that has: (A) an output power rating of less than 0.3 megawatt (MW), or (B) a maximum gross heat input rating at International Standards Organization (ISO) Standard Day Conditions of less than 1 million British thermal units (BTU) per hour. Regulation II -5- Rule I I (viii) Solvent wipe cleaning operations, not associated with any permitted operation, provided the solvent is applied from a container that minimizes emissions to the air, such as but not limited to, squeeze containers with narrow tips, spray bottles, or dispensers with press down caps; and the uncontrolled VOC emissions from all such operations located at the stationary source do not exceed 5 tons per calendar year, or the total purchase of solvents for such operations does not exceed 1,500 gallons per calendar year. All data and/or records necessary to demonstrate that this exemption is applicable, shall be maintained on -site for 2 years and made available to the District upon request. (17) STORAGE AND TRANSFER EQUIPMENT (i) Stationary equipment used exclusively to store and/or transfer organic compounds that are not volatile organic liquids. (ii) Stationary storage tanks for volatile organic liquids with a capacity of less than 250 gallons and associated equipment used exclusively to transfer materials into such tanks. (iii) Equipment used exclusively to store and/or transfer organic solvents that are not used as fuels. (iv) Equipment used exclusively to store and/or transfer natural gas, butane, or propane when not mixed with other volatile organic liquids, other than odorants. (v) Equipment used exclusively to store and/or transfer fuels that are used exclusively as a source of fuel for wind machines used for agricultural purposes. (vi) Mobile transport, delivery, or cargo tanks on vehicles used for the delivery of volatile organic liquids. This exemption does not apply to asphalt tankers used to transport and transfer hot asphalt used for roofing applications. (vii) Equipment used to transfer fuel to and from amphibious ships for main- tenance purposes, provided total annual transfers do not exceed 60,000 gallons per year at a stationary source. (viii) Equipment used exclusively to store and/or transfer liquid soaps, liquid detergents, vegetable oils, fatty acids, fatty esters, fatty alcohols, or waxes, and wax emulsions. (ix) Pressurized tanks used to store inorganic or halogenated organic gases and associated equipment used exclusively to transfer materials into such tanks. (18) DRYCLEANING, LAUNDRY EQUIPMENT, AND FABRIC RELATED OPERATIONS (i) Non -immersion dry cleaning equipment. Regulation II -17- Rule 11 ulie+ +++wie.xssv EXECUTIVE ORDER U-R-023-0491 AIR RESOURCES BOARD YANMAR CO., LTD. New Off -Road Compression -Ignition Engines Pursuant to the authority vested in the Air Resources Board by Sections 43013, 43018, 43101, 43102, 43104 and 43105 of the Health and Safety Code; and Pursuant to the authority vested in the undersigned by Sections 39515 and 39516 of the Health and Safety Code and Executive Order G-02-003; IT IS ORDERED AND RESOLVED: That the following compression -ignition engines and emission control systems produced by the manufacturer are certified as described below for use in off -road equipment. Production engines shall be in all material respects the same as those for which certification is granted. MODEL YEAR ENGINE FAMILY DISPLACEMENT (liters) FUEL TYPE USEFUL LIFE (hours) 2010 AYDXL3.32C4T 3.319 Diesel 8,000 SPECIAL FEATURES 5 EMISSION CONTROL SYSTEMS TYPICAL EQUIPMENT APPLICATION Mechanical Direct Injection, Turbocharger, Electronic Control Module, Exhaust Gas Recirculation Generator Set The engine models and codes are attached. The following are the exhaust certification standards (STD) and certification levels (CERT) for hydrocarbon (HC), oxides of nitrogen (NOx), or non -methane hydrocarbon plus oxides of nitrogen (NMHC+NOx), carbon monoxide (CO), and particulate matter (PM) in grams per kilowatt-hour (g/kW-hr), and the opacity -of -smoke certification standards and certification levels in percent (%) during acceleration (Accel), lugging (Lug), and the peak value from either mode (Peak) for this engine family (Title 13, Califomia Code of Regulations, (13 CCR) Section 2423): RATED POWER C1 ass EMISSION STANDARD CATEGORY EXHAUST (glkW-hr) OPACITY (%) HC NOx NMHC+NOx CO PM ACCEL LUG PEAK 37 s kw < 56 Tier 4 - Interim STD N/A N/A 4.7 5.0 0.30 NIA N/A NIA CERT — — 4.4 1.5 0.15 — — — BE IT FURTHER RESOLVED: That for the listed engine models, the manufacturer has submitted the information and materials to demonstrate certification compliance with 13 CCR Section 2424 (emission control labels), and 13 CCR Sections 2425 and 2426 (emission control system warranty). Engines certified under this Executive Order must conform to all applicable California emission regulations. This Executive Order is only granted to the engine family and model -year listed above. Engines in this family that are produced for any other model -year are not covered by this Executive Order. Executed at El Monte, Califomia on this day of November 2009. �-Ls nnette Hebert, Chief ti Mobile Source Operations Division Engine Model Summary Template {ITT f\c tf,Ac-,s7— I 1 /(0(0 `1 A.Fuel Rate: &Fuel Rate: 7,Fust Rate: 3.BHP@RPM mm/alroke 0 peak HP (Ibs/hr) 6 peek HP B.Torque al RPM mm/strakerapeak 8.Fuel Rate: 9.Emisslon Control Engine Family 1.Engine Code 2.Engine Model (SAE Gross) (for diesel only) (far diesels only) (SEA Gross) torque (Ibe/hr)®peak torqueUi vice Per SAE J1830 AYDXL3.32C4T N/A 3TTGP 68.7/1800 62.8 24,9 N/A N/A NIA C t EMEGR DFI, c. AYDXL3.32C4T NIA 3TTGA 68.311800 62.4 24.8 N/A N/A N/A EMEGR DR Trans August 10, 2011 Ms. Patricia Beard 1243 National City Boulevard National City, CA. 91950-4301 (619)336-4250 Re: North Star Gas Ltd. TUP Application Dear Patricia, We sincerely appreciate your initiative and assistance in the development of our long term and immediate operations in the industrial area of National City. As the project developer for North Star Gas, Ltd. we are pleased to find areas and projects that are ideal for each other. Following the discussions with you, George Eiser, Armando Vergara and Martin Reeder, with respect to the permitting process of the two phases of the project development, we are submitting the TUP application for review. Based on our discussions, we understand that the TUP is the most appropriate manner to authorize Phase I of our development project and that City is requesting authorization to formalize a Development Agreement that, if approved, will allow us to immediately progress our proposed Phase II, Permanent Facility and Retail sales, operations development. We appreciate the proactive approach and recommendations that you and all the people that we have worked with at the City have provided to facilitate and attract our project to National City. We have attached a summary presentation of the project and the Hazardous Materials Business Plan that must be filed with the County. I spoke with Fire Marshall Hernandez regarding the required plan and we agree that it is insufficient for his approval purposes. We are preparing a separate technical layout, operating plans and code review presentation for his consideration. We are available for any consultation or other need that you have with respect to this presentation and welcome the opportunity to meet with and explain this project and our intentions to whomever you feel appropriate. Thank you and regards, Ralph E. Palmer, P.E. Principal Cc: George Eiser, Robert Hernandez, Frank Parra, Martin Reeder, Armando Vergara Donald Smith, President, North Star Gas„ Ltd. CITY OF NATIONAL CITY NEIGIIBORIIOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: North Star Gas Ltd Co. EVENT: North Star Gas "Temporary Operation DATE OF EVENT: September 20, 2011 thru September 20, 2012 TIME OF EVENT: 8 am to 8 pm daily APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ I SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 The Building Division will require that the applicant comply with all current building codes as it pertains to this Temporary Use Permit. These codes consist of the 2010 California Building, Plumbing, Mechanical and Electrical Codes. The building code covers all California Accessibility requirements and upgrades. The applicant calls out for the installation of a portable mobile office. NCMC prohibits the moving of existing commercial structures into the city which does not have historical significance as determined by the city council. The application also states that a portable toilet will be located on site. 2010 California Plumbing Code, Section 304.0 reads as follows: 304.0 Connection to plumbing System Required. Plumbing fixtures, drains, appurtenances, and appliances, used to receive or discharge Liquid waste or sewage, shall be connected properly to the drainage system of the building for premises, in accordance with the requirements of this code. The application does not contain plans or does not go into more detail as it pertains to the California Building Codes. Installation of plumbing fixtures such as eye wash station, wash basins, electrical lines for receptacles, lighting, etc. would obviously require plans/permits and inspections prior to use. DEVELOPMENT SERVICES (CONT.) There are no provisions in the TUP application for protecting water quality. This type of business will be required to file a "Notice of Intent" with the State of California, and have a Storm Water Pollution Prevention Plan in place. A transportation permit may be required if the trucks/load/cargo are oversized. Coordinate with the Engineering Division to obtain these permits. Additional information is required on the proposed truck routes, number of truck trips per day and duration of the TUP. Once this is received, further evaluation and review will be required. RISK MANAGER (619) 336-4370 Risk Management would like to take a look at all insurance information for this TUP applicant. This appears to be a high risk operation and applicant will require insurance limits commensurate with the exposure. We believe a 10 Million combined limit as a minimum requirement for this application. Please forward the information to Risk Management when received. PUBLIC WORKS (619)366-4580 Public Works has no involvement. FINANCE Applicant needs to apply for a Business License. FIRE (619) 336-4550 1) Project to be in compliance with the current editions of NFPA, CFC, title 19 California Code of Regulations and local City of National City Municipal Codes 2) Fire Department requirements are to be designed, fabricated and installed to code 3) TUP does not provide end date 4) How does the site propose to provide sprinkler protection in case of accidental ignition of the material? A sprinkler system needs to be evaluated for this intended use. The sprinkler system shall provide coverage of all tanks stored on site awaiting transfer. Activation of the system shall be equipped by flame and heat detecting devices plus manual devices placed throughout assembly per code. The system shall be designed, fabricated, installed and tested to code. The required sprinkler system shall be engineered to code 5) Supervision (Fire Alarm) of sprinkler piping and fire detection devices shall be automatically supervised where more than 20 sprinklers are on the system 6) Contractor's license is required for potential fire protection system. Sprinkler contractors shall posses a C-16 license. Fire Alarm contractors shall possess a C-10 license. Stamp shall be visible on all sets of plans 7) All contractors shall possess a National City New Business License prior to Fire Department plan submittal. A copy of the New Business License will be required at time of plan submittal 8) Fire Sprinkler, Fire Alarm, and Fire Underground plans are to be directly submitted to the National City Fire Department under separate permit for review and permitting. Fees along with 3 sets of plans including all "Cut Sheets and Calculations" shall be included upon submittal. Plan review shall be a 30 day plan review process or 21 working days. No over the counter plan reviews accomplished 9) Plans will not be reviewed until fees have been paid. Check is payable to the City of National City 10) Upon submittal for permit, the following shall be included for underground: • Data sheet for Back -Flows • Data sheets for Private and Commercial Hydrants • Data sheets for Post Indicator Valves Information on required fire hydrants back -flow devices, etc; can be acquired from Sweetwater Authority. All pipe and their appliances, shall meet industry/code standards for under ground use and NFPA 24 11) Should any plan corrections be required, contractor must correct the plan and re -submit to the Fire Department for approval prior to installation 12) Once plans are approved, contact will be made with the contractor. Contractor will be required to retrieve the approved plan from the National City Fire Department. The contractor will be required to sign for the permit and pick up the approved plans. Work may not commence prior to plan pick-up 13) A rough inspection of all work is required prior to closure. All rough work shall be visible at time of inspection 14) A request for an inspection shall be made 48 hours in advance. Inspection shall be made once work is complete utilizing approved and stamped plans. Contractor shall be required to have the approved plans on site per code 15) All emergency/hazardous signage shall be required to meet code. See the National City Fire Department for requirements 16) Special fire fighting appliances that may be required for this type of product shall be furnished by North Star Gas to the National City Fire Department 17) Special training shall be provided to the National City Fire Department on the proper techniques of fighting propane fires. This training shall be kept current and progressive, complying with all code requirement guidelines. All special firefighting appliances supplied, shall remain current meeting current state standards for firefighting applications 18) Site distance from surrounding businesses shall meet the current editions of the California Fire Code, National Fire Protection Association and California Code of Regulations Title 19. An analysis of the surrounding businesses in the immediate area shall be evaluated for fire code distance requirements, and shall be furnished to the National City Fire Department for review Please contact the National City Planning Department for site distance allowances of other surrounding structures 19) The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no less than 20 feet wide, no less than 14 feet high and shall have an all weathered road with the ability to support 75 thousand pounds or greater. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet 20) Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway 21) Fire access roads in excess of 150 feet to furthest end of property from a public street, shall be provided with width and turnaround provisions 22) Fire hydrants to be located throughout the project as not to have a separation distance greater than 400 feet. Fire hydrants to be located within 400 feet of all locations which are roadway accessible. (Measurement starts from nearest existing fire hydrant to project) 23) The following items pertain to fire hydrants: a) Size and location, including size and number of outlets and whether outlets are to be equipped with independent gate valves. b) Fire hydrant to be of three outlet design 24) Provide calculation confirming flow availability to meet fire flow demands and supply large diameter hose (4 inch) 25) Contact with Sweetwater Authority will be required for underground fire mains, fire hydrants, fire sprinkler systems and back flow preventers 26) Fire hydrants to be marked by use of blue reflective marker in the roadway 27) Fire Department Connections shall have Knox FDC Plugs. Applications may be obtained from the National City Fire Department Administration office 28) If entrance/exit gates are used, gates shall be equipped with Knox Box and Emergency Strobes so as to provide emergency vehicle access and egress. A Knox Key Switch shall be required in conjunction with strobe for emergency access. Emergency strobe shall be placed at front of property. Supplied electrical for these types of fire appliances are required by the National City Building Department through permit Please contact the National City Fire and Building Department for direction 29) During possible construction, project shall strictly following Chapter 14 of the CFC edition "Fire Safety During Construction Alteration or Demolition of a Building". This requirement shall also be followed during move- in of equipment 30) A schedule of transfer dates shall be directly emailed to the National City Fire Marshal on a weekly basis. The list shall be a comprehensive schedule providing dates and times of transfer. This list shall also include quantity of product entering and leaving the City of National City 31) An emergency plan shall be created to meet code. This plan shall be submitted to the National City Fire Department for approval. Emergency plan shall be kept current and shall adapt to changes in field operations as well as fire codes and ordinances 32) Wind direction is of major concern. Our traditional wind direction comes one lighting push toxic elements directly towards the freeway, schools, hotels and restaurants 33) A general 1st alarm would be the requirement for an incident at this site. Presently, the National City Fire Department does not meet this criterion, and would require a third engine and 2nd Battalion Chief through mutual aid from surrounding cities to complete a first alarm mutual aid assignment 34) The County Hazardous Material and HIRT Teams would be required 35) Contact with Barby Tipton with National City Engineering shall be required for storm water requirements 36) Secondary containment which may be necessary, shall meet current industry standards/BMP's as well as approval from the Engineering Department (Barby Tipton) 37) All electrical and mechanical devices shall meet the current editions of the Fire Code for use in hazardous/flammable environments. Please see the National City Building Official for code requirements on installed electrical items requiring permit 38) Street address shall be visible from the street, 8" inches in height, and in contrasting color to the structure. Please contact the National City Building Department for required address. This property shall be addressed for emergency response purposes 39) The TUP generally mentions the use of a mobile office. How does North Star propose lighting for after hour operations, class one division one lighting, electrical, heat, HVAC etc.? If any of these are proposed and will be used on site, please contact the Building Official for direction 40) Has the Military been contacted if necessary? 41) Contact planning on allowances for portable bathrooms Note: Additional comments may be required bused on additional information provided due to the above comments. Final approval continzent upon final field inspection and compliance with all applicable codes and ordinances. COMMUNITY SERVICES No comments/stipulations from Community Services POLICE I have reviewed the Temporary Use Permit (TUP) for the North Star Gas Temporary Operation. The event is scheduled to begin September 15, 2011. Per the TUP, the event will take place entirely on the premises of the BNSF railroad, 2101 Tidelands Avenue. The event takes place daily. This TUP deals with a temporary use of the BNSF railroad property as a fuel transfer location, transferring fuel from rail cars to over the road tanker trucks. This is an extremely hazardous operation due to it very nature. This type of operation is well beyond the technical abilities or experience of the NCPD. For that reason, the NCPD must defer all NCPD stipulations to the NCFD. Based upon my review of the TUP, there are no specific NCPD stipulations unless NCPD is required by the NCFD. CITY ATTORNEY In addition to our standard provision, we are adding an additional requirement, as stated below. 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. Applicant is required to enter an MOU with the City prior to issuancc of a TUP, to address impacts identified by the City and the costs to ameliorate such impacts. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2011 AGENDA ITEM NO. 19 ,'EM TITLE: TEMPORARY USE PERMIT — Heart Revolution Conference 2011 sponsored by Cornerstone Church of San Diego at 1914 Sweetwater Road on September 22 thru September 30, 2011 from 5 p.m. to 10 p.m. with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neigd Services Division APPROVED BY: L This is a request from the Cornerstone Church of San Diego to conduct the Heart Revolution Conference 2011 at 1914 Sweetwater Road on September 22 thru 30, 2011 from 5 p.m. to 10 p.m. Set up for the event will commence at 4:00 p.m. on September 22, 2011. There will be live amplified music on a portable stage to welcome guests and as guests arc leaving the building. Cornerstone Church will set up three (3) 10x10 tents and two (2) light towers. The applicant is not requesting the use of the City's stage and will provide their own security for this event. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: The City has incurred $237.00 for processing the TUP through various City Departments, Fire inspection fees TBD. Total fees: $ 237.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Ilication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert Fair Festival _ Community Event _ Parade _ Demonstration Circus Block Party _ Motion Picture _ Grand Opening X Other Church EvenF Event Title: .. , E evolutioVeC nference 201. Event Location: Cornerstone Church of San Diego Actual Event Hours: S.00PITi m/pm to 10:OOprtam/pm Setup/assembly/construction Date: 9-22-11 Start time: 4:00 pm Please describe the scope of your setup/assembly work (specific details): One stage and sound system Event Date(s): From 9 22-11 to 9 30 11 Total Anticipated Attendance: 500 Month/Day/Year ( Participants) ( Spectators) Dismantle Date: 9-30-11 Completion Time: 11:00 pm 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. No streets will be affected, the event is on private property. Sponsoring Organization: Cornerstone Church of San Diego For Profit X Not -for -Profit Chief Officer of Organization (Name) Sergio De La Mora Applicant (Name): Mike Ramirez Address: 1914 Sweetwater Rd. National City, CA 91950 Daytime Phone: 1619/ 425-9333 Evening Phone: (61 414-2480 Fax: ( ) Contact Person "on site" day of the event: Mike Ramirez Pager/Cellular: 619-414-2480 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? X YES NO Are admission, entry, vendor or participant fees required? _ YES X NO If YES, please explain the purpose and provide amount(s): $ N/A Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ N/A Estimated Expenses for this event. $ N/A 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. There will be live amplified music on a portable stage to welcome our guest, also as our guest leave the building. We will also have two light towers. 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: 2 YES X NO Does the event involve the sale or use of alcoholic beverages? YES X NO Will items or services be sold at the event? If yes, please describe: _ YES X NO Does the event involve a moving route of any kind along streets, 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. X YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. X YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 3 Sizes 1OX10 NOTE: A separate Fire Department permit is required for tents or canopies. YES X 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: N/A 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: 0 (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: 3 Please describe your procedures for both Crowd Control and Internal Security: Cornerstone Security and Cornerstone Traffic Ministries. _ YES x NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: X 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: Two Light Towers and existing property lighting. Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Event will be held on parking lot and there are ADA parking spots available. Please provide a detailed description of your PARKING plan: Property is on a commercial shopping center with plenty of common parking. Please describe your plan for DISABLED PARKING: parking lot has ADA parking and access available. 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: Flyers and City Council public meeting. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. X 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: One Number of Bands: One Type of Music: Christian Worship Music X YES NO Will sound amplification be used? If YES, please indicate: Start time: 5:00 pm am/pm Finish Time 10:00 pm am/pm X YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: 4:30 pm am/'pm Finish Time 5:00 pm am/pm Please describe the sound equipment that will be used for your event: Speakers, sound system, microphones and musical instruments. _ YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: _ YES X NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 5 Event: For Office 'Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Cornerstone Church of San Diego Person in Charge of Activity Mike Ramirez Address 1914 Sweetwater Rd. National City, CA 91950 Telephone 619-425-9333 Date(s) of Use 9/22/11 - 9/30/11 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 Assistant Pastor flf�Ap ant 8/2/2011 Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? x 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 Cornerstone Church of San Diego Type of Organization Church (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) x No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6: Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. 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: Signayri: No (P lease sign the form and submit it with the TUP Application) 8/2/2011 Date 9 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Cornerstone Church of San Diego EVENT: Heart Revolution Conference 2011 DATE OF EVENT: September 22 thru September 30, 2011 TIME OF EVENT: 5pm to lOpm APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 All speakers and lights shall be directed away from residential areas. 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 Public Works has no involvement in this event FINANCE Cornerstone still needs to renew their business license. They arc non profit so they just need to turn in the renewal so that we can update their business license. No payment required. COMMUNITY SERVICES Community Services has no issues with this event. POLICE I have reviewed the Temporary Use Permit (TUP) for the Heart Revolution Conference. The event is scheduled to take place over several days, September 22-30, 201 1. Per the TUP, the event will take place entirely on the premises of the Cornerstone Church, 1914 Sweetwater Road. The event takes place in the evening hours_ The organizers estimate approximately 500 participants. 'There is no private security for the event. The event does not block any city streets and should have a minimal impact on traffic flow The Patrol squads will be alerted to extra patrol the area on the days of the event. Based upon my review of the TUP, no NCPD personnel will be required at the event. There are no NCPD stipulations regarding the event. 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 ETING DATE: September 6, 2011 AGENDA ITEM NO. 20 EM TITLE: TEMPORARY USE PERMIT - Foodland Market's 20th Anniversary event hosted by Dallo Enterprises at 303 Highland Avenue on September 25, 2011 from 11 am to 7 pm, with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neigh.. ..d Services Division APPROVED BY: d This is a request from Dallo Enterprises to conduct Foodland Market's 20th Anniversary event at 303 Highland Avenue on September 25, 2011 from 11 a.m. to 7 p.m. This is a customer appreciation event that will have live entertainment, food and some vendors with product giveaways including pre -packed foods, shirts, pens and caps. This event will include a sound stage, canopies and banners. Popular Mexican -Regional and Latino Pop artists will be present. Foodland will be providing their own security for the event. • FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: The City has incurred $237.00 for processing the TUP and $200.00 for the Fire Department inspection fees. Total Fees are $437.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and approve with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A OTACHMENTS: plication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert Parade Notion Picture Event Title: t`ocyT Event Location: Event Date(s): From Fair _ Demonstration _ Grand Opening Festival Circus vOther Community Event Block Party 25- ; to ` 2"> ' #' Total Anticipated Attendance: (1)(---''' Month/Day/Year ^. Actual Event Hours: 1 1 amipm to ( SC Participants) -" Spectators) Setup/assembly/construction Date:' t' t ° Start time: { uw — f k•A-'7 Please describe the scope of your setup/assembly work (specific details): A-ca...c: J A (.1 Dismantle Date: 'It - e 4.s - t 1 Completion Time: 11 I am "_ist any street(s) requiring closure as a result of this event. Include street name(s), day and ime of closing and day and time of reopening. Sponsoring Organization: Chief Officer of Organization (Name) For Profit 7Not-for-Profit Applicant (Name): (;) Address: C , Daytime Phone: (`Fu 7 - i(7'Ali Evening Phone: (%A ) Fax: (� Contact Person "on site' day of the event: .J Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a'"Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES "NO YES NO $ (r 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. 44. r 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: 2 TES J NO Does the event involve the sale or use of alcoholic beverages? YES NO Will items or services be sold at the event? 1f yes, please describe: _ YES I 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 tent/canopies 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: ! 01.3 t (At? If you intend to ook 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) y 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 y Vehicles and/or trailers Other related event components not covered above Y 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: e. > i r kc YES _ NO Have you hired any Processional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES t` NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please Please describe your plan for DISABLED PARKING: 4 g , ocik el 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 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: Ec:.ri ^), CV) , i V YES _ NO Will sound amplification be used? If YES, please indicate: Start time: f 2 am/m)Finish Time Y A am/ m , I YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: is pm Finish Time 1 `. Please describe the sound equipment that will be used for your event: YES . NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, please describe: { (')43ri' Gl;C L� e"1� i`v t�ec>t-� Revised 08/10/05 5 For Office 'Use Only Event: Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department C of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address Telephone 7 ` L7.) `iT Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, fosses, 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 co1frac 'j Signet For Office Use Only Hof Appfic rs Official Title Certificate of insurance Approved Date 6. Will the proceeds; .ovide a direct financial benef .o city government such as the generation of sales tax? Yes (Please provide an explanation and details. \ No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP / Application) CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Dallo Enteipriscs EVENT: Foodland Market 20th Anniversary DATE OF EVENT: September 25, 2011 TIME OF EVENT: 11 am to 7 pm APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS 1 x FIRE YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Any amplification equipment shall be directed away from residential properties. (Note: the application has no check mark for sound equipment, but the use of sound equipment is included in the description). 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 Public Works has no involvement in this event FINANCE . Approved. No Stipulations COMMUNITY SERVICES We suggest for the applicant to do additional notifications/mailers to the surrounding neighbors. Currently their application only states notifications through their store circular. POLICE I have reviewed the Temporary Use Permit (TUP) for the Foodland IGA 20th Anniversary Celebration. The event is scheduled to take place on September 25, 2011. Per the TUP, the event will take place entirely on the premises of Foodland IGA, located 303 Highland Avenue. The event takes place in the afternoon hours, 1100 to 1900 hours. This is a first ever event. The organizers estimate approximately 300-1000 participants. They list that they will hire private security for the event, but no private security company is listed. Due to the large amount of expected participants, the potentially unknown problems with this being a first time event, the potential of unwelcomed gang members or other criminal individuals and the location of the event, I believe it is prudent to require two NCPD officers be present during the event for public safety reasons. The event does not block any city streets and should have a minimal impact on traffic flow so the officers should not be needed for traffic control. I will check on the availability of Reserve officers for the event, however they are volunteers and may not be available on this date. The Patrol squads will be alerted to extra patrol the area on the day of the event. Based upon my review of the TUP, two (2) NCPD police officers will be required at the event. The overtime costs for two police officers is as follows: OT Rate = $58.38 + OT workers comp/medicare benefits 11.18% = S64.91/hour 2 officers at 6 hours each = 12 hours Total cost = S778.92 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: September 6, 2011 _TEM TITLE: TEMPORARY USE PERMIT — St. Mary's Fall Festival & Fund Raiser hosted by St. Mary's Church on October 2, 2011 at the parish grounds located on 426 E. 7th Street from 7 a.m. to 6:30 p.m. with no waiver of fees. AGENDA ITEM NO.21 PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: ACCOUNT NO. The City has incurred $237.00 for processing the TUP through various City departments and $200 for Fire Department inspection tees. Total fees are $437.00. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: DEPARTMENT: Neigh. • . oervices Division APPROVED BY: This is a request from St. Mary's Church to conduct the 2011 St. Mary's Fall Festival & Fund Raiser event on October 2, 2011 at their parish grounds on E. 8th Street & "E" Avenue. This event features approximately 20 assorted booths, including food booths, religious booths, white elephant booth, sewing club arts & crafts, game booths and Boys and Girls Scout booths. Two (2) 20x20 canopies will be set up for dining. Organizers have notified the National City Police Department to have Reserve Officers and the use of Senior Volunteer Patrol as security. FINANCIAL STATEMENT: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: cation for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: Public Concert Parade Motion Picture _ Fair Demonstration Grand Opening X Festival Circus Other Event Title: ST, MARY'S FALL FESTIVAL Community Event Block Party Event Location: PAR T qH PROpf _ p —�-URC�_ UNDS AT QTH & r E' STREETS Event Date(s): From �ll1y1�9Y � CIOBER__2Nbtat lr itiated Attendance: [INKNO ?? li— — Month/Day/Year �lN_._.�Q_ ( x Participants)) Actual Event Hours: _ 7 ; 99— pm to 6; 3Q am tr lXSpectators) Setup/assembly/construction Date: lJ �f36,11Start time: R:3f,M, Please describe the scope of your setup/assembly work (specific details): p INCLUDES ASSEMBLING BOOTHS, 11FE DECORATING ALL BOOTHS AND FESTIVAL AREA, Dismantle Data0-03-11 Completion Time:10-03-11 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. NO STREET CLOSURES Sponsoring Organization: _ ' ' S C THO I C CHURCH S/ For Profit Chief Officer of Organization (Name) FATHER DENN I S MACAL I NTA. Not -for -Profit Applicant (Name): ALICE & DON STEEBER,CHAIRPERSONS Address: 2929 EAST 16TH STREET NATIONAL CITY Daytime Phone: (_61)9 475-241 t ening Phone: �1� 507-9153:ax: () Contact Person "on site" day of the event: AL I CE STEEBER 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? 14ES NO Are admission, entry, vendor or participant fees required? YES _V'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. THIc IS A nNCF—a—VFaP ANNUAL EVENT, THERE WILL BE FOOD BOOTHS, RELIGIOUS BOOTHS, WWITE ELEPHANT BOOTH, SEWING CLUB ARTS & CRAFTS, GAME BOOTHS, BOYS AND GIRLS SCOUT BOOTHS, APPROXIMATELY 20 ASSORTED BOOTHS, THIS IS A ONE -DAY EVENT 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: 2 YES X NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. X YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 2 Sizes _ ZUx2Q CANOPIES FOR DINING NOTE: Aseparate Fire Department pejpt it i re uir for tents or canopies. MBOOTHS WILL LL HAVE COVERS _ 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: _ YES X NO Does the event involve the sale or use of alcoholic beverages? X YES NO Will items or services be sold at the event? If yes, please describe: ITEMS: FOOD, SOFT DRINKS, ARTS/CRAFTS, PLANTS, RELIGIOUS YES X NO Dos the lea mng 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. > 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: FOOD PREPARED ON SITE IN fOMM R TAL KIT H NS - SOLD IN FOOD BOOTHS If you intend to cook food in the event area please specify the method: X GAS ELECTRIC X CHARCOAL X OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: 0 (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: J Trash containers with lids: _15 Describe your plan for clean-up and removal of waste and garbage during and after the event: TRASH CANS EMPTIED THROUGHOUT THE DAY AND EMPTIED INTO TWO ON -SITE DUMPSTERS THAT WILL BE PICKED UP, 3 4 I PLANTS FIANCE BOOTH 4 !WHITE ELEPHANT BOOTH RELIGIOUS BOOTH BOY SCOUTS BOY SCOUTS VVCOI VMMLL .I CIt1R,CI'1 �1ItLLr, STAGE small canopy ST. MA RYS FEsT i VA �. 4 tables & 32 Chairs 4 tables & 32 chairs COUNTRY STORE SEWING CLUB SPANIS GROUF SPANIS GROUF PHIL-AI MILITAR COUPLE CUI CURSILI YOUTH fi Cub scout: GaTF &ATE Please describe your procedures for both Crowd Control and Internal Security: RESIDENTS AND BUSINESSES ARE AWARE OF OUR ANNUAL ONE -DAY FESTIVAL, SECURITY:. NOTIFYING NCPD TO ALERT RESERVE OFFICERS, IF AVAILABLE USE SENIOR PATROL, WE WILL PROVIDE ON -SITE SECURITY, YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES X NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. FIRST AID KITS AVAILABLE, LEST & OUIET AREAS AVATIARIE. FRANK PARA, FIRE DEPARTMENT WILL BE ON SITE, Please describe your Accessibility Plan for access at your event by individuals with disabilities: CHURCH HAS DTSARI FD PARKING SITES TN CHIIRCH PARKING I f1TS. AND ON STREET Please provide a detailed description of your PARKING plan: CHURCH PARKING LOTS -AND CITE` STREETS Please describe your plan for DISABLED PARKING: USE DESIGNATED DISABLE SPACES. Please describe your plans to notify all residents, businesses and churches impacted by the event: RESIDENTS AND BUSINESSES ARE AWARE OF THIS YEARLY ONE -DAY FESTIVAL. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 1 Number of Bands: Type of Music: D.J. FOR BACKGROUND MUSIC & FOR DANCE GROUPS ,)(ES NO Will sound amplification be used? If YES, please indicate: Start time: 1.00 am/pm Finish Time 5 :00 am/pm YES X NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES x NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: ON PARISH PROPERTY, SIGNS,BANNERS, BOOTH DECORATIONS Revised 08/10/05 5 Event: :For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization ST, MARY'S CATHOLIC CHURCH Person in Charge of Activity FATHER DENNIS MACAL I NTAL Address ALICE AND DON STEEBER, CHAIRPERSONS 426 EAST 7TIT-S ATIONAL CITY Telephone OFFICE : 474-] 501 Date(s) of Use SIUNDAY, rCTORFR 2, 2011 STEEBERS: 475-2414 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 /9 516 re__ ,f C4/t 5 a,F, ;o j J Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: St. Mary's Catholic Church EVENT: St. Mary's Fall Festival DATE OF EVENT: Sunday, October 2, 2011 TIME OF EVENT: 7 a.m. to 5:30 p.m. APPROVALS: DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES POLICE CITY ATTORNEY YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEF. CONDITIONS [ x SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 The Development Service Department has no comment on the St. Mary's Fall Festival 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 Public Works has no involvement in this event. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to the church 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) Fire Department access into and through the festival areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 7) All cooking booths or areas to have one 2A:10BC fire extinguisher. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example Fire extinguishers to be mounted in a visible location between 31/4' 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. Please see attached example 9) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal 10) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc 11) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of one hundred ($200.00) dollars. Fee is to he paid directly to the National City Fire Department Administration offices prior to event 12) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only 13) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. If cooking is to be done, a ten feet separation shall be maintained from cooking appliance and canopies. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. If canopies maintain a ten feet separation distance from one another, no charge will be assessed Canopies: Tents: 0 - 400 sf - $0 401 - 500 sf - $250.00 501 - 600 sf - $300.00 601 - 700 sf - $400.00 0 -200 sf - $200.00 201 - (+) sf - $400.00 NOTE: Booths can be grouped in multiples of 4 not to exceed 400 square feet. A separation of ten feet between multiples of 4 booths shall be required 14) First_ Aid will be provided by organization Note: Fees can only be waived by City Council. COMMUNITY SERVICES No issues from Community Services. POLICE 1 have reviewed the Temporary Use Permit (TUP) for the St. Mary's Church Fall Festival. The event is scheduled to take place on October 2, 2011. Per the TUP, the event will take place entirely on the premises of St. Mary's Church, located at 8th Street/E Avenue. The event takes place in the afternoon hours. This has historically been a peaceful event. The organizers estimate approximately 500 participants. There is no private security for the event. The event does not block any city streets and should have a minimal impact on traffic flow. The organizers request the assistance of NCPD Reserve Officers or Senior Volunteer Patrol members. I will check on the availability of Reserve officers for the event, however they are volunteers and may not be available on this date. The Patrol squads will be alerted to extra patrol the area on the day of the event. Based upon my review of the TUP, no NCPD personnel will be required at the event. There are no NCPD stipulations regarding the event. 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: September 6th, 2011 AGENDA ITEM NO. 22 ..'EM TITLE: Warrant Register #5 for the period of 07/27/11 through 08/02/11 in the amount of $6,955,043.68 PREPARED BY: 1K. Apalategui DEPARTMENT: F PHONE: ,619-336-4331, APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 07/27/11 through 08/02/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Health Net 242876 $64,272.04 Health Insurance R1192A August 2011 Kaiser Foundation Ins 242888 $155,372.63 Kaiser Insurance Active August 2011 FINANCIAL STATEMENT: ACCOUNT NO. j N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $6,955,043.68 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: arrant Register #5 PAYEE BOARD OF EQUALIZATION DESROCHERS DIXIELINE BUILDERS ECO MECHANICAL EQUIFAX INFORMATION SVCS LAW OFFICES OF LANCE E GARBER OPPER & VARCO LLP PRUDENTIAL OVERALL SUPPLY SAN DIEGO COUNTY RECORDER VISTA PAINT ABCANA INDUSTRIES ACEDO AIRGAS WEST ALL FRESH PRODUCTS ALLEN ANDERSON ARJIS 4T&T MOBILITY :T&T/MCI AWARD MASTER INC BECK BEST BEST & KRIEGER LLP BISHOP BLACKIE'S TROPHIES AND AWARDS BONSUISSE INC BOYD BRENNTAG PACIFIC INC BROADWAY AUTO ELECTRIC BUREAU VERITAS NORTH AMERICA BURN INSTITUTE CAPE CALIFORNIA LAW ENFORCEMENT CARQUEST AUTO PARTS CHAD SAMPLE CHRISTMAS IN JULY CINTAS DOCUMENT MANAGEMENT COMMUNITY YOUTH ATHLETIC CTR CONDON CORPUZ DANESHFAR DAPPER TIRE COMPANY DEFRATIS IELTA CARE USA DELTA DENTAL PLAN OF CA DELTA DENTAL PLAN OF CA DEPARTMENT OF JUSTICE DICERCHIO D-MAX ENGINEERING DREDGE WARRANT REGISTER # 5 8/2/2011 DESCRIPTION SALES TAX LIABILITY / APR - JUN 2011 RETIREE HEALTH BENEFITS/AUG 2011 REIMB/ CASA QUINTA/FAMILIAR EXP R&M NONSTRUCTURAL / REDEV EQUIFAX INFO SVCS FOR FY 2011-2012 LEGAL SVCS / TOD PROJECT EDUCATION VILLAGE / GENERAL MOP# 45742. LAUNDRY SVCS/ NSD RECORDING FEES/RECONVEYANCE LOAN MOP# 68834. PAINT / NSD POOL CHEMICALS RETIREE HEALTH BENEFITS/AUG 2011 MOP 45714 MATERIALS & SUPPLIES FOOD / NUTRITION CENTER RETIREE HEALTH BENEFITS/AUG 2011 RETIREE HEALTH BENEFITS/AUG 2011 USER/CONNECTIVITY JUL2011-JUN2012 ATT SECURE WIRELESS CIRCUIT I PD TELECOMMUNICATIONS SERVICE FOR NC MISS NC 2011 TROPHY / CROWNS RETIREE HEALTH BENEFITS/AUG 2011 LEGAL SVCS / PERSONNEL ISSUES RETIREE HEALTH BENEFITS/AUG 2011 MOP# 67727. AWARDS ! POLICE MILK & DAIRY DELIVERY / NUTRITION RETIREE HEALTH BENEFITSIAUG 2011 POOL CHEMICALS MOP 72447 AUTO PARTS PROFESSIONAL SERVICES, MAY, JUNE EXPENSE REIMBURSEMENT/JUNE 2011 FIRE/LTD AUG 2011 PD/LTD AUG 2011 MOP 47557 AUTO PARTS HEALTH DEDUCTIONS/ VOL LIFE INS EXPENSE REIMBURSEMENT MONTHLY SHREDDING / JULY 2011 EXPENSE REIMBURSEMENT/APR-JUN11 RETIREE HEALTH BENEFITS/AUG 2011 RETIREE HEALTH BENEFITS/AUG 2011 RETIREE HEALTH BENEFITS/AUG 2011 MOP 72654 TIRES RETIREE HEALTH BENEFITS/AUG 2011 PMI COBRA DENTAL INS - JUNE 2011 DENTAL INS AUGUST 2011 COBRA DENTAL INS - JUNE 2011 NEW EMPLOYEE FINGERPRINT / HR-PD RETIREE HEALTH BENEFITS/AUG 2011 STORMWATER SERVICES, 5/30 TO 6/30 RETIREE HEALTH BENEFITS/AUG 2011 CHK NO DATE 242816 8/1/11 242817 8/2111 242818 8/2/11 242819 8/2/11 242820 8/2/11 242821 8/2/11 242822 8/2/11 242823 8l2/11 242824 8/2/11 242825 8/2/11 242826 8/2/11 242827 8/2/11 242828 8/2/11 242829 8/2/11 242830 8/2/11 242831 8/2/11 242832 8/2/11 242833 8/2/11 242834 8/2111 242835 8/2/11 242836 8/2/11 242837 8/2/11 242838 8/2/11 242839 8/2/11 242840 8/2/11 242841 8/2/11 242842 8/2/11 242843 8/2/11 242844 8/2/11 242845 8/2/11 242846 8/2/11 242847 8/2/11 242848 8/2/11 242849 8/2/11 242850 8/2111 242851 8/2/11 242852 8/2/11 242853 8/2/11 242854 8/2/11 242855 8/2/11 242856 8/2/11 242857 8/2/11 242858 8/2111 242859 8/2/11 242860 8/2/11 242861 8/2/11 242862 8/2/11 242863 8/2/11 242864 8/2/11 AMOUNT 4,456.00 110.00 36,698.30 140.00 51.10 25,000.00 4,143.00 13.87 78.00 23.75 1,338.86 160.00 615.93 6,612.80 125.00 110.00 42,513.00 2,326.13 9,536.07 232.72 140.00 1,293.05 110.00 65.26 1,476.93 145.00 1,876.84 478.51 40,645.92 394.21 576.00 1,579.50 71.93 400.64 4,228.24 72.95 2,500.00 280.00 140.00 250.00 307.72 120.00 87.32 12,630.00 529.17 725.00 70.00 17,092.30 250.00 LI J I11C.O R is jytI rED WARRANT REGISTER # 5 8/2/2011 PAYEE DESCRIPTION CHK NO DATE AMOUNT DREW FORD MOP 49078 AUTO PARTS 242865 8/2/11 519.42 EISER III RETIREE HEALTH BENEFITS/AUG 2011 242866 8/2/11 250.00 ENVIRONMENTAL HEALTH COALITION EXPENSE REIMBURSEMENT JUNE 2011 242867 8/2/11 4,312.43 FAIR HOUSING COUNCIL EXPENSE REIMBURSEMENT/APR-JUN 11 242868 8/2/11 10,273.00 FLINT TRADING INC PM125WH Q30' BD 12" WHITE LINE #8431064 242869 8/2/11 6,086.63 GELSKEY RETIREE HEALTH BENEFITS/AUG 2011 242870 8/2/11 115.00 GIBBS JR RETIREE HEALTH BENEFITS/AUG 2011 242871 8/2/11 120.00 GOO RETIREE HEALTH BENEFITS/AUG 2011 242872 8/2/11 165.00 GRAINGER MOP 65179 PLUMBING MATERIAL 242873 8/2/11 347.80 HAMILTON MEATS & PROVISIONS MEAT DELIVERY / NUTRITION CENTER 242874 8/2/11 3,791.56 HANSON RETIREE HEALTH BENEFITS/AUG 2011 242875 8/2/11 135.00 HEALTH NET HEALTH INS R1192A AUG 2011 242876 8/2/11 64,272.04 HEALTH NET HEALTH -FULL NETWORK 57135A AUG11 242877 8/2/11 6,764.73 HEALTH NET HEALTH NET - R1192F AUG 2011 242878 8/2/11 3,152.35 HEALTH NET HEALTH NET - 57135F AUG 2011 242879 8/2/11 1,304.42 HEALTH NET HEALTH INS 57135J AUG 2011 242880 8/2/11 1,284.78 HODGES RETIREE HEALTH BENEFITS/AUG 2011 242881 8/2/11 200.0D HOLLIS RETIREE HEALTH BENEFITS/AUG 2011 242882 8/2/11 185.00 JAMES RETIREE HEALTH BENEFITS/AUG 2011 242883 8/2/11 140. JEFFREY L SERVATIUS RETIREE HEALTH BENEFITS/AUG 2011 242884 8/2/11 340.0 JOHN DEERE LANDSCAPES MOP 69277 PLANTING MATERIAL 242885 8/2/11 85.1 . JOSSE 125 PLAN REIMBURSEMENT 242886 8/2/11 576.90 JUNIEL RETIREE HEALTH BENEFITS/AUG 2011 242887 8/2/11 50.00 KAISER FOUNDATION HEALTH PLANS KAISER INS ACTIVE AUG 2011 242888 8/2/11 155,372.63 KAISER FOUNDATION HEALTH PLANS RET INS AUG 2011 / GRP # 104220-03 242889 8/2/11 14,012.14 KAISER FOUNDATION HEALTH PLANS KAISER RET INS -COBRA JUNE 2011 242890 8/2/11 6,102.81 KIMBLE RETIREE HEALTH BENEFITS/AUG 2011 242891 8/2/11 300.00 LANDA RETIREE HEALTH BENEFITS/AUG 2011 242892 8/2/11 155.00 LASER SAVER INC MOP# 45725 TONERS / ENGINEERING 242893 8/2/11 231.17 LEXIS NEXIS ONLINE LEGAL RESEARCH /JUNE 2011 242894 8/2/11 427.38 LIMFUECO RETIREE HEALTH BENEFITS/AUG 2011 242895 8/2/11 160.00 MATIENZO RETIREE HEALTH BENEFITS/AUG 2011 242896 8/2/11 100.00 MCCABE RETIREE HEALTH BENEFITS JULY 2011 242897 8/2/11 560.00 MCDOUGAL LOVE ECKIS LEGAL SVCS THROUGH APRIL 30, 2011 242898 8/2/11 63.50 MEALS ON WHEELS GREATER EXPENSE REIMBURSEMENT/APR-JUN 11 242899 8/2/11 2,500.00 MEDINA RETIREE HEALTH BENEFITS/AUG 2011 242900 8/2/11 105.00 MURRAY RETIREE HEALTH BENEFITS/AUG 2011 242901 8/2/11 150.00 MYERS RETIREE HEALTH BENEFITS/AUG 2011 242902 8/2/11 140.00 NAPA AUTO PARTS MOP 45735 AUTO PARTS 242903 8/2/11 988.99 NC LIVING HISTORY FARM PRESERVE EXPENSE REIMBURSEMENT 242904 8/2/11 24,383.00 NOSAL WILLIAM A RETIREE HEALTH BENEFITS/AUG 2011 242905 8/2/11 1,137.19 OCHOA RETIREE HEALTH BENEFITS/AUG 2011 242906 8/2/11 125.00 PADRE JANITORIAL SUPPLIES INC JANITORIAL SUPPLIES / NUTRITION 242907 8/2/11 567:' PAUU RETIREE HEALTH BENEFITS/AUG 2011 242908 8/2/11 340.. PEASE JR RETIREE HEALTH BENEFITS/AUG 2011 242909 8/2/11 140.0 PERRY FORD MOP 45703 AUTO PARTS 242910 8/2/11 593.06 POST RETIREE HEALTH BENEFITS/AUG 2011 242911 8/2/11 280.00 POTTER RETIREE HEALTH BENEFITS/AUG 2011 242912 8/2/11 150.00 POWERSTRIDE BATTERY CO INC MOP 67839 AUTO PARTS 242913 8/2/11 250.62 PAYEE PRO BUILD PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY RAY RELIANCE STANDARD ROARK ROE RUIZ 5 & S WELDING S D COUNTY SHERIFF'S DEPT SAN DIEGO MIRAMAR COLLEGE SDG&E SHORT SMART & FINAL SMART SOURCE OF CA LLC SOUTH BAY COMMUNITY SERVICES )UTH COAST EMERGENCY _ : APLES ADVANTAGE STRASEN SYSCO SAN DIEGO THE LIGHTHOUSE INC THE LINCOLN NATIONAL LIFE INS TRAUMA INTERVENTION PROG TRITECH SOFTWARE SYSTEMS TRIVIZ UNION TRIBUNE PUB CO UNITED ROTARY BRUSH CORP URIAS VALLEY INDUSTRIAL SPECIALTIES WAXIE SANITARY SUPPLY ZA P MANUFACTURING INC ZIETLOW WIRED PAYMENTS UNION BANK OF CALIFORNIA DEUTSCHE BANK NATIONAL TRUST DEUTSCHE BANK NATIONAL TRUST THE BANK OF NEW YORK DEUTSCHE BANK NATIONAL TRUST CTION 8 HAPS PAYMENTS WARRANT. REGISTER # 5 8/2/2011 DESCRIPTION MOP 45707 PLUMBING MATERIAL KNIFE SHARPENING SVCS/NUTRITION MOP 45742 LAUNDRY SERVICE RETIREE HEALTH BENEFITS/AUG 2011 VTL AUG 2011 RETIREE HEALTH BENEFITS/AUG 2011 RETIREE HEALTH BENEFITS/AUG 2011 RETIREE HEALTH BENEFITS/AUG 2011 43 1/2 X 24 1/4 X 4 GRATE SHERIFF'S RANGE USE - 6/28/11 REGIONAL OFFICER TRAINING / PD FACILITIES GAS & ELECTRIC RETIREE HEALTH BENEFITS/AUG 2011 MOP# 45756. SUPPLIES / CSD MOP# 63845. BUSINESS CARDS/ ENG EXPENSE REIMBURSEMENT/APR-JUN11 AUTOMOTIVE SUPPLIES / PW MOP# 45704. OFFICE SUPPLIES/ PD RETIREE HEALTH BENEFITS/AUG 2011 FOOD & CONSUMABLES / NUTRITION MOP 45726 AUTO PARTS LIFE & AD&D, STD, LTD AUG 2011 EXPENSE REIMBURSEMENT TRITECH SW HARDWARE / MIS RETIREE HEALTH BENEFITS/AUG 2011 ADVERTISING / FSO & ACCOUNTANT MOP 62683 PARTS/SWEEPER REPAIRS RETIREE HEALTH BENEFITS/AUG 2011 MOP 46453 PLUMBING MATERIAL MISC JANITORIAL SUPPLIES STREET SIGNS / PW RETIREE HEALTH BENEFITS/AUG 2011 2002A GO BONDS 2005 TAB, SERIES A & B 2004 TAB, SERIES A NC 1999 TAX ALLOCATION 2011 TAB Start Date 7/27/2011 End Date 8/2/2011 3/3 CHK NO DATE AMOUNT 242914 8/2/11 2,032.06 242915 8/2/11 46.00 242916 8/2/11 320.52 242917 8/2/11 190.00 242918 8/2/11 2,271.37 242919 8/2/11 135.00 242920 8/2/11 120.00 242921 8/2/11 310.00 242922 8/2/11 489.38 242923 8/2/11 200.00 242924 8/2/11 52.00 242925 8/2/11 604.11 242926 8/2/11 300.00 242927 8/2/11 32.60 242928 8/2/11 94.62 242929 8/2/11 1,151.00 242930 8/2/11 357.76 242931 8/2/11 465.62 242932 8/2/11 135.00 242933 8/2/11 9,177.75 242934 8/2/11 530.42 242935 8/2/11 7,588.73 242936 8/2/11 8,000.00 242937 8/2/11 40,422.50 242938 8/2/11 135.00 242939 8/2/11 1,175.83 242940 8/2/11 945.26 242941 8/2/11 125.00 242942 8/2/11 786.01 242943 8/2/11 28.16 242944 8/2/11 482.64 242945 8/2/11 150.00 A/P Total 7/27/11 7/27/11 7/27/11 7/27/11 7/27/11 615,481.77 289,853.75 3,676,520.01 390,005.00 230,712.50 1,054,512.85 697,957.80 GRAND TOTAL $ 6,955,043.68 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LIS'I'ED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. FINANCE CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOI.IS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER 1 HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND I'HE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 6`h OF SEPTEMBER, 2011 AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6th, 2011 AGENDA ITEM NO. 123 rEM TITLE: Warrant Register #6 for the period of 08/03/11 through 08/09/11 in the amount of $1,655,600.06 PREPARED BY: K. Apalateguij DEPARTMENT: F. PHONE: 619-336-4331 APPROVED BY: EXPLANATION: ;Per Government Section Code 37208, attached are the warrants issued for the priod of 08/03/11 through 08/09/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount HCFA / City of El Cajon 242983 $85,082.00 Public Emp Ret System 243004 $267,375.14 Retirement Insurance Service Period 7-11-4 Sandpipa 243013 $105,685.20 WC Claims Cost FY12 Explanation Member Assessment 1st Qtr FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N// ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: 'Ratification of warrants in the amount of $1,655,600.06 BOARD / COMMISSION RECOMMENDATION: ,N/AI ATTACHMENTS: rrant Register #6 PAYEE ALEJANDRO LOMAS 116 PALM AVENUE LLC ALL FRESH PRODUCTS BONSUISSE INC BOOT WORLD BRENNTAG PACIFIC INC CA PARKS AND RECREATION CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CALIFORNIA UNIFORMS INC CCS PRESENTATION SYSTEMS INC CEB CHILDREN'S HOSPITAL & HEALTH C CHRISTOPHER PETERS CITY OF NATIONAL CITY CLAIMS MANAGEMENT ASSOCIATES COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CLERK D PREP L L C DAPPER TIRE COMPANY DELTA CARE USA DION INTERNATIONAL TRUCK INC D-MAX ENGINEERING DREW FORD EARLY CHILDHOOD ED BRAINARD FEDEX FERGUSON ENTERPRISES INC FIRE SERVICE SPECIE. & SUPPLY FLEET SERVICES INC GINA MAZEAU GONZALES GOVERNMENT FINANCE OFFICERS HAMILTON MEATS & PROVISIONS HARLAN HCFA C/O CITY OF EL CAJON HD SUPPLY PLUMBING HONEYWELL INTERNATIONAL INC HYDRO SCAPE PRODUCTS INC KAISER FOUNDATION HEALTH PLANS KASSANDRA SANTOS tricoRisoRiati) WARRANT REGISTER #6 8/9/2011 DESCRIPTION REFUND: CITATION DISMISSED/ OVERPAYMENT REFUND/ RENTAL TAX FOOD / NUTRITION CENTER MILK & DAIRY DELIVERY / NUTRITION MOP 64096 WEARING APPAREL POOL CHEMICALS CPRS/SUMMER CAMP YOUTH/ COMM SVCS LOCKSMITHING & REPAIRS MOP 45698 ELECTRICAL MATERIAL UNIFORMS SMART BOARD X885 PROJECTOR/MIS CA MUNICIPAL LAW HANDBOOK 2011 CHILD ABUSE EXAMS JUNE 2011 / PD REIMB/ PARAMEDIC SCHOOL EXPENSE PETTY CASH REPLENISHMENT/JUNE 11 CONSULTANT SVCS RISK /AUG 2011 CO OF SD SHARE OF PARKING CITATION LAFCO FY 2011-12/ GOVT CODE 56381 MAIL PROCESSING SVC FY10/11 COUNTY CLERK FILING FEES/GPU DOC TUITION: CRIME PREVENTION COURSE TIRES PM! DENTAL INS AUGUST 2011 THERMOSTAT BLUELINE TROLLEY STATION / ENG MOP 49078 AUTO PARTS TINY TOTS SUPPLIES / COMM SVCS SEMINAR REG/ PESTICIDE LICENSE FEDEX MAIL SERVICES / ENG MOP 49078 PLUMBING MATERIAL SERVICE ON HOLMATRO TOOL/FIRE ROTOR II37415N / PW REFUND: OVERPAYMENT ON CITATION SUBSISTENCE/BACKGROUND COURSE GFOA MEMBERSHIP 4/1/11-3131/12 MEAT / NUTRITION CENTER SUBSISTENCE/ POST SUPERVISORY COUR FY12 MEMBER ASSESSMENT/1ST QTR PLUMBING MATERIAL HVAC MAINTENANCE FY 2012 MOP 45720 PIPES, VAVLES KAISER RETIREES INS AUG 2011 2011 SCHOLARSHIP / FIRE DEPARTMENT 1/3 CHK NO DATE AMOUNT 242946 8/9/11 330.00 242947 8/9/11 851.00 242948 8/9/11 2,796.67 242949 8/9/11 251.42 242950 8/9/11 366.35 242951 8/9/11 880.47 242952 8/9/11 280.00 242953 8/9/11 528.27 242954 8/9/11 34.65 242955 8/9/11 394.48 242956 8/9/11 9,747.17 242957 8/9/11 484.98 242958 8/9/11 2,132.00 242959 8/9/11 432.43 242960 8/9/11 1,007.36 242961 8/9/11 4,965.00 242962 8/9111 19,303.44 242963 8/9/11 14,687.00 242964 8/9/11 1,900.85 242965 8/9/11 50.00 242966 8/9/11 393.00 242967 8/9/11 76.93 242968 8/9/11 2,982.67 242969 8/9/11 93.96 242970 8/9/11 1,704.00 242971 8/9/11 378.55 242972 8/9/11 944.88 242973 8/9/11 425.00 242974 8/9/11 28.18 242975 8/9/11 688.49 242976 8/9/11 170.00 242977 8/9/11 1,011.49 242978 8/9/11 60.00 242979 8/9/11 640.00 242980 8/9/11 595.00 242981 8/9/11 613.21 242982 8/9/11 514.98 242983 8/9/11 85,082.00 242984 8/9/11 905.16 242985 8/9/11 37,020.98 242986 8/9/11 235.35 242987 8/9/11 23,275.85 242988 8/9/11 1,000.00 2/3 PAYEE KONGPHET PATRICK RASAVONG KREPPS LARA DANIEL LASER SAVER INC LIZARRAGA JR LOPEZ MARIBEL ROBLES NATIONAL CITY AUTO TRIM NICOLE HIGGS PACIFIC AUTO REPAIR PERRY FORD PHONG SITHIDEJ POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RBF CONSULTING RIVERSIDE SHERIFF'S DEPT RIVERSIDE SHERIFF'S DEPT RUIZ SAM'S ALIGNMENT SERVICE SAN BERNARDINO SHERIFF'S DEPT SAN DIEGO BMW MOTORCYCLES SAN DIEGO NEIGHBORHOOD NEWS SANDPIPA SCLLN SDG&E SDG&E SEMPRA ENERGY SILVERADO AVIONICS SMART SOURCE OF CA LLC SOUTH BAY WINDOW & GLASS CO SOUTHWEST SIGNAL SERVICE STANICH STAPLES ADVANTAGE SWEETWATER PLAZA EAST LLC TERNAL JORGE YANTO TOM MOYNAHAN U S BANK U S BANK U S BANK UNION TRIBUNE PUB CO V & V MANUFACTURING WAXIE SANITARY SUPPLY mcORI'08ATED - WARRANT REGISTER #6 8/9/2011 DESCRIPTION LIABILITY CLAIMS COSTS / RISK REIMBURSEMENT / TOOLS FOR FIRE REFUND ON CITATION OVERPAYMENT MOP#45725_ TONER / CITY MNGR 2011 SCHOLARSHIP/ FIRE DEPARTMENT TRANSLATION SERVICES FOR FY 2012 SUMMER CAMP REFUND/ JULY 2011 MOP 72441 R&M AUTO EQUIPMENT REFUND: CITATION DISMISSED MOP 72448 AUTO PARTS MOP 45703 AUTO PARTS LIABILITY CLAIMS COSTS / RISK MOP 67839 AUTO PARTS MOP 45707 MATERIALS & SUPPLIES MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 7-11-4 PROF. SERVICES MAY 28 TO JUNE 30 BACKGROUND COURSE/ R. GONZALEZ TUITION: FIELD TRAINING/ C. STANICH 2011 SCHOLARSHIP/ FIRE DEPARTMENT MOP 72442 R&M AUTO EQUIPMENT TUITION/ POST SUPERVISORY COURSE R&M CITY VEHICLES ADVERTISING / VEHICLE AUCTION W C CLAIM COST/ 8/01/11-7/31/12 WRITER TO WRITER BOOKS / LIBRARY FACILITIES GAS & ELECTRIC REFUND BALANCE: SDG&E T&A #1275 SUPPLIES FOR COMMAND VEHICLE/PD TOW AWAY SIGNS / STREETS MIRROR REPLACEMENTS TRAFFIC SIGNAL/STREET LIGHTING SUBSISTENCE/ FIELD TRAINING COURSE MOP# 45704. OFFICE SUPPLIES/ FIN REFUND/ PORTION CODE FILING FEES REFUND: CITATION OVERPAYMENT MOP 45734 R&M AUTO EQUIPMENT CREDIT CARD EXPENSES/ POLICE CREDIT CARD EXPENSES / POLICE CREDIT CARD EXPENSES/ CITY MNGR LEGAL NOTICES ADVERTISING FY2012 EMPLOYEE ANNIVERSARY PINS / HR JANITORIAL SUPPLIES CHK NO DATE AMOUNT 242989 8/9/11 1,000.00 242990 8/9/11 147.41 242991 8/9/11 50.00 242992 8/9/11 119.52 242993 8/9/11 1,000.00 242994 8/9/11 140.00 242995 8/9/11 100.00 242996 8/9/11 250.98 242997 8/9/11 60.00 242998 8/9/11 22.25 242999 8/9/11 162.03 243000 8/9/11 10,292.00 243001 8/9/11 318.27 243002 8/9/11 40.38 243003 8/9/11 295.20 243004 8/9/11 267,375.14 243005 8/9/11 8,059.56 243006 8/9/11 138.00 243007 8/9/11 116.00 243008 8/9/11 1,000.00 243009 8/9/11 103.39 243010 8/9/11 279.00 243011 8/9/11 732.29 243012 8/9/11 35.88 243013 8/9/11 105,685.20 243014 8/9/11 100.00 243015 8/9/11 26,912.88 243016 8/9/11 4,515.96 243017 8/9/11 11,165.68 243018 8/9/11 2,455.03 243019 8/9/11 1,351.43 243020 8/9/11 23,047.00 243021 8/9/11 743.23 243022 8/9/11 91.74 243023 8/9/11 2,699.59 243024 8/9/11 60.00 243025 8/9/11 50.00 243026 8/9/11 2,028.35 243027 8/9/11 1,910.00 243028 8/9/11 22.94 243029 8/9/11 1,419.20 243030 8/9/11 2,028.47 243031 8/9/11 3,177.30 PAYEE WESTFLEX INDUSTRIAL WHITE WILLY'S ELECTRONIC SUPPLY AHA HOUSING CHRISTENSEN & SPATH LLP COUNTY OF SAN DIEGO PROJECT PROFESSIONALS CORP. RICK ENGINEERING CO U S BANK WIRED PAYMENTS TRISTAR RISK MANAGEMENT PAYROLL Pay period 16 Start Date 7/12/2011 0 NIA try LIVC.0$1.ORATED WARRANT REGISTER #6 8/9/2011 DESCRIPTION MOP 63850 AUTO PARTS REFUND: APSAC COLLOQUIUM 2011 MOP 45763 SHOP SUPPLIES MCC USAGE 1/1/2011 - 6/30/2011 LEGAL SERVICES / ARE HOLDINGS ENVIRONMENTAL HEALTH PERMITS PROJECT: AQUATIC CENTER / REDEV INV: 0017405 / 0022115 / 0018175 CREDIT CARD EXPENSES / SEC8 JULY 2011 WC REPLENISHMENT End Date Check Date 7/25/2011 8/3/2011 3/3 CHK NO DATE AMOUNT 243032 8/9/11 13.44 243033 8/9/11 103.38 243034 8/9/11 138.25 243035 8/9/11 479.00 243036 8/9/11 13,760.99 243037 8/9/11 1,107.60 243038 8/9/11 4,575.00 243039 8/9/11 3,985.68 243040 8/9/11 1,199.80 A/P Total 726,927.66 35376957 8/8/11 74,109.09 854,563.31 GRAND TOTAL $ 1,655,600.06 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS r ND DEMANDS IIAVE BEEN AUDITED AS REQUIRED BY LAW. FINA CE CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSAI,IE ZARATE, MEMBER LUIS NA'TIVIDAD, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY TIIAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 6°i OF SEPTEMBER, 201 I . AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6th, 2011 AGENDA ITEM NO.44 'EM TITLE: Warrant Register #7 for the period of 08/10/11 through 08/16/11 in the amount of $1,760,424.63 PREPARED BY: K. Apalateguil DEPARTMENT: Finan PHONE: 619-336-4331 APPROVED BY: EXPLANATION: per Government Section Code 37208, attached are the warrants issued for the period of 08/10/11 through 08/16/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check City of Chula Vista 243082 City of National City 243083 City of National City 243084 County of San Diego 243089 National Elem School Dist 243123 County Office of Edu 243135 southwestern Community 243143 FINANCIAL STATEMENT: ACCOUNT NO. INA ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: Amount $85,141.00 $209,613.28 $60,045.00 $69,951.00 $81,245.00 $293,124.00 $267,057.00 FINAL ADOPTION: APPROVED: APPROVED: Explanation Animal Shelter costs/May11 SB 211 Pass Through FY11 AB Tax Sharing (distl-8) 11 AB 1290 Tax Sharing FY11 AB1290 Tax Sharing FY11 SB 211 Pass Through FY11 Pas Tjirough payment 11 Finance MIS STAFF RECOMMENDATION: 'Ratification of warrants in the amount of $1,760,424.63 BOARD / COMMISSION RECOMMENDATION: IN/AI ATTACHMENTS: rrant Register #7 PAYEE CITY OF NATIONAL CITY WEST COAST RESOLUTION GROUP AMAZON BAKER & TAYLOR CALIFA GROUP CITY OF NATIONAL CITY KELLEY BLUE BOOK MIDWEST TAPE NOLO PRESS INC SCHIMMINGER SPRINT STAPLES ADVANTAGE U S POSTMASTER XEROX CORPORATION CHRISTENSEN & SPATH LLP COUNTY OF SAN DIEGO IELINE BUILDERS JIFAX INFORMATION SVCS LASER SAVER INC PRO BUILD PRUDENTIAL OVERALL SUPPLY SAN DIEGO CLIPPING SERVICE SAN DIEGO UNIFIED PORT DISTRICT SOUTHLAND SHREDDING STAPLES ADVANTAGE ABCANA INDUSTRIES AIRGAS WEST ALCEM FENCE COMPANY INC ALL FRESH PRODUCTS ARCO GASPRO PLUS ASBURY ENVIRONMENTAL SVCS BONSUISSE INC BOOT WORLD BRENNTAG PACIFIC INC BROADWAY AUTO ELECTRIC BROADWAY AUTO GLASS CAL EXPRESS CALIFORNIA COMMERCIAL SECURITY CARQUEST AUTO PARTS CHELIUS IICK'S ELECTRIC MOTOR INC OF CHULA VISTA OF NATIONAL CITY CITY OF NATIONAL CITY CITY OF NATIONAL CITY CITY OF SAN DIEGO CORDERO WARRANT REGISTER # 7 8/16/2011 DESCRIPTION PETTY CASH REPLENISHMENT/JUNE 11 ARE HOLDINGS, LLC V. CDC ADULT NON-FICTION BOOKS BOOKS - AS NEEDED FOR FY 2012 CALIFA MEMBERSHIP FOR FY 2012 OUT OF STATE SALES TAX ON PO#74119 BOOKS - AS NEEDED FOR FY 2012 DVD'S - AS NEEDED FOR FY 2012 BOOKS -AS NEEDED FOR FY 2012 SUPPLIES REIMBURSEMENT - KEATS VIDEO CONFERENCING, LONG DISTANCE MOP#45704 - SUPPLIES POSTAGE FOR OVERDUE NOTICES XEROX BASE CHARGES AND OVERAGES LEGAL SVCS / ARE HOLDINGS DEP OF ENVIRONMENTAL HEALTH FY11 EXPENSE REIMB/CASA QUINTA & FAMILIAR EQUIFAX INFO SVCS FOR FY 2011-2012 MOP# 45725. TONER / SECS MOP# 45707. PAINTING SUPPLIES/NSD MOP# 45742. LAUNDRY SERVICES/ NSD NEWS READING AND CLIPPING SERVICE NC BAYFRONT/HARBOR DIST PLANNING SHREDDING SVCS 1 D-PREP, LLC MOP# 45704. OFFICE SUPPLIES/ SEC8 POOL CHEMICALS MOP 45714 WEARING APPAREL INSTALLATION OF 6FT HIGH 9-GAUGE FOOD / NUTRITION CENTER FUEL FOR CITY FLEET 50/50 COOLANT MILK & DAIRY DELIVERY / NUTRITION MOP 64096 WEARING APPAREL POOL CHEMICALS ALTERNATOR 270 AMP PAD MOUNT UN WINDSHIELD GREEN TINT/BLUE SHADE CAL EXPRESS / COURT FILINGS DOOR REPAIRS MOP 47557 AUTO PARTS REIMB/ DRUG EVAL COURSE/ POLICE CAPACITOR 60 MFD 440 ROUND CASE ANIMAL SHELTER COSTS / MAY 2011 SB 211 PASS THROUGH FY 11 A81290 TAX SHARING (DIST 1-8) FY 11 BUILDING PERMITS/AQUATIC CENTER SEWER TRANSPORTATION/TREATMENT REIMB/ COMM ORIENTED CONE 2011 1/3 CHK NO DATE AMOUNT 243041 8/11/11 36.38 243042 8/11/11 800.00 243043 8/16/11 1,336.08 243044 8/16/11 21.41 243045 8/16/11 400.00 243046 8/16/11 130.27 243047 8/16/11 173.08 243048 8/16/11 73.96 243049 8/16/11 25.83 243050 8/16/11 274.95 243051 8/16/11 11.07 243052 8/16/11 4.18 243053 8/16/11 272.36 243054 8/16/11 375.40 243055 8/16/11 16,375.50 243056 8/16/11 1,249.60 243057 8/16/11 6,740.25 243058 8/16/11 76.18 243059 8/16/11 111.85 243060 8/16/11 43.61 243061 8/16/11 27.74 243062 8/16/11 141.75 243063 8/16/11 31,696.00 243064 8/16/11 210.00 243065 8/16/11 180.75 243066 8/16/11 238.10 243067 8/16/11 145.67 243068 8/16/11 7,871.48 243069 8/16/11 1,925.83 243070 8/16/11 37,925.04 243071 8/16/11 98.78 243072 8/16/11 244.76 243073 8/16/11 223.00 243074 8/16/11 1,850.95 243075 8/16/11 1,041.38 243076 8/16/11 319.63 243077 8/16/11 131.50 243078 8/16/11 404.68 243079 8/16/11 321.25 243080 8/16/11 80.00 243081 8/16/11 48.94 243082 8/16/11 85,141.00 243083 8/16/11 209,613.28 243084 8/16/11 60,045.00 243085 8/16/11 12,317.35 243086 8/16/11 632.59 243087 8/16/11 590.80 PAYEE COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CSAC EXCESS INS AUTHORITY CULLIGAN DAPPER TIRE COMPANY DELL MARKETING CORP ENNIS PAINT SAN DIEGO ESGIL CORPORATION EXPERIAN G & A AUTO AIR CONDITIONING GRAINGER GWEN STONE HAMILTON MEATS & PROVISIONS HD SUPPLY PLUMBING HONEYWELL INTERNATIONAL INC HYDRO SCAPE PRODUCTS INC IRON MOUNTAIN JJJ ENTERPRISES JUDD ELECTRIC KONE L1 IDENTITY SOLUTIONS LASER SAVER INC LINCOLN EQUIPMENT INC LOWER SWEETWATER FIRE MAN K-9 INC. MATLOCK METROPOLITAN WATER DISTRICT METROPOLITAN WATER DISTRICT MILAN KISER MMM LTD PARTNERSHIP MOR FURNITURE FOR LESS MURRAY DYLAN NAPA AUTO PARTS NATIONAL CITY AUTO TRIM NATIONAL ELEM SCHOOL DISTRICT ORKIN PEST CONTROL PADRE JANITORIAL SUPPLIES INC PARKHOUSE TIRE PERRY FORD PRUDENTIAL OVERALL SUPPLY QUAL CHEM CORP REEL PICTURE PRODUCTIONS, LLC RON BAKER CHEVROLET SAM'S ALIGNMENT SERVICE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE NAL X.. CORP OIRATED WARRANT REGISTER # 7 8/16/2011 DESCRIPTION HAZ MAT PERMIT / FIRE AB1290 TAX SHARING FY 11 OBSERVER SAFETY CLOTHING / POLICE EXCESS WC INS/ 7/01/11-6/30/12 WATER SOFTENER SERVICES/NUTRITION TIRES POWEREDGE R410 SERVER MOP 74690 TRAFFIC CONTROL SUPPLIES PLAN CHECK SERVICES / FIRE PLAN CREDIT CHECKS / NEW PD EMPLOYEES REMAN COMPRESSOR MOP 65179 ELECTRICAL MATERIAL REFUND / C&D DEPOSIT MEAT DELIVERY / NUTRITION PLUMBING MATERIALS REPAIRS NOT COVERED BY MAINTENANCE MOP 45720 PIPES, VALVES, FITTINGS RECORDS MANAGEMENT/DOC STORAGE ALARM MONITORING ELECTRICAL REPAIRS ELEVATOR REPAIRS/MAINTENANCE INVESTIGATIVE SVCS/ FINGERPRINTS MOP# 45725. TONER / FINANCE 24" COMMERCIAL VACUUM #28-186 SB 211 PASS THROUGH FY 11 MAINTENANCE TRAINING / K-9 POLICE EDUCATIONAL REIMBURSEMENT/HR SB 211 PASS THROUGH FY 11 AB1290 TAX SHARING - FY 11 REFUND / 704 3RD T&A #1534 REFUND / C&D DEPOSIT REFUND OF C&D DEPOSIT REFUND / CITATION OVERPAYMENT MOP 45735 AUTO PARTS MOP 72441 R&M AUTO EQUIPMENT AB1290 TAX SHARING - FY11 PEST MAINTENANCE JANITORIAL SUPPLIES / NUTRITION 11 R22.5 G BST M726EL / TIRES LABOR, R&R FLEX PLATE VEH #476 MOP# 45742. LAUNDRY SVCS/ FIRE SULFURIC ACID W/ODOR CONTROL DVD REPLICATION FOR MAYOR MOP 45751 R&M AUTO EQUIPMENT LEFT INNER TIE ROD SPI 404-1873 ROT TUITION-BAVENCOFF/AYDELOTTE ROT TUITION-KLOS/SULLIVAN/PHILLIPS 2/3 CHK NO DATE AMOUNT 243088 8/16/11 637.00 243089 8/16/11 69,951.00 243090 8/16/11 20.00 243091 8/16/11 1,000.00 243092 " 8/16/11 199.30 243093 8/16/11 1,258.49 243094 8/16/11 15,134.31 243095 8/16/11 457.38 243096 8/16/11 783.65 243097 8/16/11 27.72 243098 8/16/11 596.59 243099 8/16/11 321.83 243100 8/16/11 38.50 243101 8/16/11 601.18 243102 8/16/11 1,904.04 243103 8/16/11 1,086.48 243104 8/16/11 397 243105 8/16/11 166 243106 8/16/11 900.00 243107 8/16/11 150.00 243108 8/16/11 3,788.43 243109 8/16/11 56.00 243110 8/16/11 81.51 243111 8/16/11 142.51 243112 8/16/11 1,322.36 243113 8/16/11 800.00 243114 8/16/11 173.60 243115 8/16/11 4,144.97 243116 8/16/11 1,323.00 243117 8/16/11 100.00 243118 8/16/11 673.75 243119 8/16/11 11,130.00 243120 8/16/11 80.00 243121 8/16/11 263.52 243122 8/16/11 478.50 243123 8/16/11 81,245.00 243124 8/16/11 373.33 243125 8/16/11 199.44 243126 8/16/11 1,945.29 243127 8/16/11 721.98 243128 8/16/11 134 "n 243129 8/16/11 49 243130 8/16/11 87E.__ 243131 8/16/11 434.58 243132 8/16/11 950.09 243133 8/16/11 78.00 243134 8/16/11 39.00 PAYEE SD COUNTY OFFICE OF EDUC SD COUNTY OFFICE OF EDUC SD COUNTY WATER AUTHORITY SD COUNTY WATER AUTHORITY SDG&E SMART & FINAL SOUTHWEST SIGNAL SERVICE SOUTHWESTERN COLLEGE SOUTHWESTERN COMMUNITY SOUTHWESTERN COMMUNITY STAPLES ADVANTAGE SUPERIOR READY MIX SWEETWATER AUTHORITY SWEETWATER UNION HIGH SCH DIST SYSCO SAN DIEGO THE LIGHTHOUSE INC ON TRIBUNE PUB CO .LEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL VERIZON WIRELESS VISTA PAINT WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY ZOLL MEDICAL CORP WIRED PAYMENTS FIRST AMERICAN TRUST, FSB SECTION 8 HAPS PAYMENTS WARRANT REGISTER # 7 8/16/2011 DESCRIPTION PASS THROUGH PAYMENT FY11 AB1290 TAX SHARING FY 11 SB 211 PASS THROUGH FY 11 AB1290 TAX SHARING - FY 11 GAS & ELECTRIC SERVICE/ NUTRITION MOP# 45756. SUPPLIES / COMM SVCS TRAFFIC SIGNAL & STREET LIGHTING EXPENSE REIMB/ QTRS 1ST - 4TH PASS THROUGH PAYMENT FY 11 AB1290 TAX SHARING FY11 MOP# 45704. OFFICE SUPPLIES/ PD OLDMIX ASPHALTS WASTEWATER WATER BILL AB1290 TAX SHARING - FY11 FOOD & CONSUMABLES / NUTRITION MOP 45726 AUTO PARTS ADVERTISING/ GEN PLAN UPDATE NOTICING MOP 46453 PLUMBING MATERIAL STRAY ANIMAL VET CARE / POLICE CELL PHONE CHARGES / POLICE MOP 68834 TRAFFIC CONTROL SUPPLY JANITORIAL SUPPLIES / FIRE CLEAR INV DATABASES / JULY 2011 MOP# 45763. ELECTRICAL SUPPLIES/ PD 8700-0706-01. CHEST COMPRESSOR 3/3 CHK NO DATE AMOUNT 243135 8/16/11 293,124.00 243136 8/16/11 5,973.00 243137 8/16/11 4,217.32 243138 8/16/11 1,209.00 243139 8/16/11 2,138.55 243140 8/16/11 630.20 243141 8/16/11 11,855.54 243142 8/16/11 28,385.10 243143 8/16/11 267,057.00 243144 8/16/11 13,396.00 243145 8/16/11 479.72 243146 8/16/11 2,320.95 243147 8/16/11 296.80 243148 8/16/11 49,712.00 243149 8/16/11 4,209.48 243150 8/16/11 150.85 243151 8/16/11 2,355.60 243152 8/16/11 535.07 243153 8/16/11 169.33 243154 8/16/11 64.97 243155 8/16/11 258.51 243156 8/16/11 492.70 243157 8/16/11 412.80 243158 8/16/11 271.23 243159 8/16/11 3,454.73 A/P Total 1,382,852.67 ACQUISITION AND REHABILITATION PARTIAL PAYMENT 8116/11 366,000.00 OF 8 HOUSING UNITS AT 138 NORTON AVE Start Date 8/10/2011 End Date 8/16/2011 GRAND TOTAL 11,571.96 $ 1,760,424.63 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AD DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. „/ FINA E CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NA I I VJDAD, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTIIORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 6th OF SEPTEMBER, 2011. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2011 AGENDA ITEM NO. 25 M TITLE: Public Hearing to consider adoption of an Interim Ordinance of the City Council of the City of National City adopted pursuant to Government Code Section 65858 as an Urgency Measure to take effect immediately, enacting a Moratorium prohibiting new pawnbroker, secondhand and precious metal dealing and establishments in National City PREPARED BY: George H. Eiser, III PHONE: 4221 EXPLANATION: Please see attached staff report. DEPARTMENT: City Attorney APPROVED BY: � FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Hold public hearing. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report .Report on Pawnshops (Agenda Item No. 21, dated May 3, 2011) 3 — Memorandum from Department of Development Services 4 — Proposed ordinance STAFF REPORT The City has recently adopted a new General Plan, a component of which allows for land usage that includes pawnbrokers, secondhand and precious metal dealers and establishments within the City. Since the original pawnshop establishments were approved in the 1980's, the City has seen a 200% increase in such establishments. Various existing businesses have also expanded to include dealings in secondhand goods in recent years. Moreover, due to the increasing value of gold, the market has encountered a proliferation of gold buying establishments. Recently, unlicensed and unpermitted gold and other secondhand dealer establishments and vendors have erupted in record numbers. The National City Police Department has been concerned with the increase in crime related to the existence of such establishments, which includes the sale and purchase of stolen goods, and the added burden of being tasked with tracking the reporting requirements for such establishments pursuant to the regulations of the California Department of Justice, particularly in light of the decrease in law enforcement resources. Existing land use controls may not adequately address the potential adverse effects of newly proposed pawnbrokers, secondhand and precious metal establishments in the community. There is a potential threat to the public health, safety and welfare were the City to permit new establishments without adequate land use controls. At the regular City Council meeting of August 2, 2011, the City Council enacted, as an urgency ordinance to take effect immediately, Ordinance No. 2011- 2364, imposing for a period of 45 days a moratorium on the locating of, development, or approval of new pawnshops, secondhand dealers, and precious metal dealing and establishments in the City. The moratorium imposed by Ordinance No. 2011- 2364 will expire on September 16, 2011 unless extended by action of the City Council. The Government Code provides that after a public hearing, the 45 day moratorium may be extended by 10 months and 15 days. This public hearing will satisfy the requirements of the Government Code. During this 10 months and 15 days, staff will study and consider the current environment and the effects of existing and new pawnbrokers, secondhand and precious metal establishments, such as gathering information as to the status of such establishments and their effect upon other communities. The Government Code requires that prior to expiration of the interim ordinance, the City Council shall issue a written report describing the measures taken to alleviate the conditions which led to the adoption of the ordinance. An item pertaining to a report that satisfies this requirement preceded this item on this agenda. The urgency ordinance to extend the moratorium by 10 months and 15 days is a companion item on this agenda. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT UIEETING DATE: May 3, 2011 AGENDA ITEM NO. 21 iM TITLE: Report on pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals. (Continued from Council Meeting of April 5, 2011) PREPARED BY: Leslie Deese, Asst. City Manager DEPARTMENT: City Manager PHONE: 619 336 424O - _ APPROVED BY: EXPLANATION: See Attached FINANCIAL STATEMENT: N/A ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Given the increasing number of gold buying businesses coming into the City, and the current lack of enforcement and zoning regulations, staff recommends the City Council direct that language be included in the draft Land Use Code to include gold buying and secondhand businesses. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: iff Report ...achment #1 (Council Agenda Statement from April 5, 2011) attachment #2 (Memo from Legal Counsel) Staff Report On April 5, 2011, the City Council discussed a report on pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals. This report (Attachment 1) was in response to a request by Councilmember Natividad who is concemed about an increasing number of new pawn and gold buying businesses operating in the City as well as gold buying businesses that appear to be operating out of vehicles and without the proper licenses. The National City Police Department ("NCPD") also expressed concerns related to criminal activity, sale of stolen items, and secondhand dealer reporting requirements as required by the Califomia Department of Justice ("DOJ"). The City Council requested staff to bring back additional information to consider options to strengthen existing code and zoning regulations pertaining to the number of pawn, secondhand and gold buying businesses operating in the City. Licensed Businesses in National City There are currently nine (9) pawn, gold buying, and secondhand businesses licensed to operate in National City. Please note that "Quality for Less" appears to no longer be in business. NO CUP We Lend More, Inc. (Pawnshop) m 133 E. 8 Street Predates CUP requirement 1985-2 CUP Simon & Simon Jewelry & Loan (Pawnshop) 139 E. 8th Street Denied by Planning Commission on 4/1/85. Approved by City Council on 5114/85 2008-08 CUP Express Financial Services (Pawnshop) 1050 Highland Avenue Approved by Planning Commission on 5/19/08. Approved PublicbHearing Councilat 7/1/08 2009-05 CUP Monte de Piedad (Pawnshop) 604 Highland Avenue Approved by Planning Commission on 5/18/09. City Council filed on 6/2/09 2009-16- CUP Cash for Gold (Gold Buying) 3030 Plaza Bonita Road #2075 Approved by Planning Commission on 9/21/09_ City Council filed on 10/6/09 2009-17 CUP Quality 4 Less (Secondhand Store) NO LONGER IN BUSINESS (Active business license but not renewed yet this year (due date 02/28/11) 3126 E. Plaza Blvd. Approved by Planning Commission on 9/21/09. City Council filed on 10/6/09 2010-16- CUP Gold Buying at Uncle Buck's Check Cashing (Gold Buying) 1539 Plaza Blvd. Approved by Planning Commission on 7/19/10. City Council filed on 8/3/10 2010-20- CUP Business Not Yet Operating or Named (Pawnshop with Gold Buying) 560 Highland Ave Approved by Planning Commission on 7/19/10. City Council filed on 8/3/10 2011-05 CUP Monte de Piedad (Pawnshop with Gold Buying) 2720 E. Plaza Blvd Approved by Planning Commission on 3/21/11. City Council filed on 4/19/11 Since the original two pawnshop businesses were approved in the 1980's, National City has seen a 200% increase in pawn, gold buying and secondhand businesses. These uses are in part a function of the current economy and free market. The market will support a certain number of outlets depending on the population in need of the service. The changing economy has forced businesses to expand their range of services in order to be more profitable, which may account for the increasing number of businesses offering multiple services, including gold buying. In order for a business to offer an additional service, that particular use must be allowed in the underlying zone, which may or may not require issuance of a Conditional Use Permit ("CUP"). Other than those businesses that go through the proper licensing requirements, it is difficult to know the actual number of unlicensed gold buying businesses and dealers operating in the City without staff conducting a field survey, since many of the businesses and dealers operate out of cars or hold shows in hotel rooms. 2 One of the principal methods that a City may utilize to regulate pawnbrokers and secondhand and precious metal dealers is through land use controls. Examples of land use controls that may be utilized include the placement of numerical limits on businesses of the same type, imposition of distance requirements between businesses of the same type, and enactment of CUP requirements. The attached memorandum from legal counsel (Attachment 2) provides additional detail on a city's authority to regulate pawnbrokers and secondhand and precious metal dealers. National City does not have a moratorium on the number of pawn businesses allowed to operate in our jurisdiction. As part of its authority to regulate land use, the City may impose a moratorium on a specified land use, prohibiting the establishment of any new land use of the type specified white the moratorium is in effect. An ordinance adopted as an urgency ordinance requires that it be necessary for the immediate preservation of the public health, safety and welfare within the meaning of the Government Code to take effect immediately. Over the years, National City has enacted several moratorium ordinances, including a moratorium on payday lenders, a business, like pawnshops and other secondhand dealers, that is already regulated by State law. 11 is the opinion of legal counsel that pawnbrokers and secondhand and other precious metal dealers could likewise be the subject of a moratorium ordinance. The attached memorandum from legal counsel (Attachment 2) provides additional detail on the enactment of interim (moratorium) ordinances. It is unconstitutional to regulate a business through identifying words that describe the type of business it is, e.g., business name would contain pawnshop or gold buying to identify the type of business. The United States Supreme Court has ruled that a city can only regulate time, place or manner. (Metromedia v. City of San Diego (1982) 453 U.S. 490.) State and Local Regulations Both pawn brokers and gold and precious metal buying are regulated by the State, generally through the California Business and Professions Code. Precious metal buying businesses and pawnshops must register with the State DOJ as a secondhand dealer. State law does not allow cities to adopt identification, holding, or reporting requirements if they are already set forth by the California Business and Professions Code. Pawnshops must also obtain a pawnbroker's license from the State DOJ, which is received after the NCPD reviews the application. Pawnshops are highly regulated and are required to do the following: 1. Must document every transaction; 2. Must report all purchases to NCPD on a daily basis; 3 3. Must hold purchased items for a minimum of 30 days; 4. Must review and validate identification of the person conducting the pawn transaction; 5. Must send NCPD a copy of the transaction slip, generally with an original thumbprint; 6. Must electronically add the information to a database which forwards the information to the State. NCPD utilizes the Leads Online database to electronically track the information entered by the pawnshops. On a weekly basis, Leads Online electronically notifies the NCPD Investigations Division whether any of the registered pawnshops are behind in submitting electronic copies of the transactions: • Simon & Simon Jewelry & Loan • Express Financial Services • Monte de Piedad • Cash for Gold Uncle Bucks does not have the volume they deem necessary to cover the cost of the database so they only enter pawn transactions manually at this time; however, they intend to join the electronic database in the future. Quarterly, the NCPD Investigations Division submits the summary to the Records Division to ensure there is not a trend in late submittals. Since implementing the audit review system in the third quarter of 2010, there have been no instances of the hard copy submittals lagging behind the electronic submittals. The late electronic submittals exist when data entry lags behind the actual physical submittal of the transaction slips to NCPD. Since 2010, the pawnshops listed above have been in total compliance. Annually, the State sends NCPD a list of currently licensed pawn dealers and those coming up for renewal to check for compliance. NCPD investigators visit those retailers who have not renewed their pawn license to ensure they are not operating as a pawn dealer. While conducting these reviews over the last four years, NCPD has found only one secondhand dealer (no pawnshops) who was out of compliance and ensured they renewed both their State and City licenses. In the course of investigating burglaries and fraud cases, NCPD investigators regularly visit pawn shops located in the City. Leads Online has substantially increased NCPD's visits to pawnshops due to easy access with a usable system. Investigators use the database on a weekly basis to follow-up on leads and enter suspected and stolen items into the Leads Online database which contains a national (and some businesses located in Mexico) detailed comprehensive database of pawnshops. Before Leads Online, NCPD relied on ARJIS, a countywide criminal justice enterprise network which has limited details and doesn't include the entire pawn transaction information. 4 In addition to running a particular name or a particular item, NCPD receives alerts on the following situations: • Every time a particular person of interest pawns an item anywhere in the United States; • Every time an item matching an item stolen in National City and submitted to ARJIS is pawned anywhere in the United States; • Every time a particular style of item of interest is pawned (for example a Cannon ES 50D digital Camera); • Individuals from National City, who may or may not be on any law enforcement watch list, but pawn an inordinate amount of items. One example involved an individual who was not on a watch list but pawned 78 wedding rings over a matter of weeks. NCPD also meets semi-annually with the San Diego Regional Pawn Association. Simon and Simon, Monte de Piedad and Express Pawn personnel are always involved and attend the meetings. NCPD and Code Enforcement are not aware of any current code or other violations with any of the pawn and/or gold buying businesses licensed in National City. Conditions for Approval Gold buying businesses and pawnshops are not locally regulated by City ordinance, other than being required to obtain a business license. In fact, cities and counties are precluded from adopting ordinances regulating the holding, reporting or identification requirements for transactions involving coins, monetized bullion, or commercial grade ingots of gold, silver, or other precious metals. (Bus. & Prof §21637(a)) The State preempts the regulation in this area. The concern has been that gold buyers have been discovered at times to work out of cars or shows in hotel rooms and will melt items immediately and pay the person cash on the spot. Melting the gold and metals make it more difficult for law enforcement to track stolen property. These buyers differ from legitimate businesses such as the Cash for Gold business located in Westfield Plaza Bonita. Enforcement for these non -legitimate "businesses" may be achieved through stricter zoning regulations and additional police monitoring. To assist the City with outreach to the business community, the National City Chamber of Commerce has offered to coordinate an informational orientation for pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and precious metals. National City relies primarily on State regulations to enforce and regulate pawnshops, secondhand, and gold and precious metals buying businesses. Conditional Use Permits / Conditions of Approval can be an appropriate method 5 i for strengthening the reporting of secondhand property sales, installation and maintenance of security cameras, retention of video tapes for at least 60 days, and photographing of sellers, and other such regulations. Additionally, at the recommendation of the Chief of Police, the Planning Commission may consider revocation of the CUP if the operator is found to be in violation of any State or local law. There are currently no regulatory or zoning requirements for pawnshops in National City. However, Chapter 3, Section 18.30.320 of the draft National City Land Use Code contains language that strengthens the City's ability to regulate pawnshops: 1 No pawnshops shall be located within 2,000 feet of another such business. 2. Pawnshops shall be no closer than 250 feet from residential zones. 3. No pawnshop shall be located east of Interstate 805. 4. A conditional use permit is required. 5. A pawnshop which provides payday lending is not exempt from the regulations of payday lenders. Should the City Council approve the Land Use Code in its final form, approval conditions and distance requirements for pawnshops will be strengthened. However, it is important to note that the draft Land Use Code in its current form does not address or regulate secondhand or gold buying businesses. Without such regulations, the secondhand dealers and gold buyers (with the exception of "Cash for Gold" at Plaza Bonita who voluntarily meets pawn standards) will remain, for the most part, unregulated. Staff Recommendation Given the increasing number of gold buying businesses coming into the City, and the current lack of enforcement and zoning regulations, staff recommends the City Council direct that language be included in the draft Land Use Code to include gold buying and secondhand businesses. DATE: September 1, 2011 TO: George Eiser, Legal Counsel FROM: Maryam Babaki, Development Services Director SUBJECT: Clarification on City Council moratorium We are looking for some clarification on the issue of whether or not a thrift store is considered a second hand store, with regard to the moratorium on pawn/gold buying and secondhand stores. We are having a few inquiries in Planning related to this issue, particularly after recently having approved the thrift store at 241 National City Blvd (they submitted prior to the moratorium). Initially, there seems to be a question as to whether or not a thrift store operator would need to obtain a secondhand dealers license. According to the Business & Professions Code, a "secondhand dealer," means and includes any person, co -partnership, firm, or corporation whose business includes buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property. "Tangible personal property" includes, but is not limited to, all secondhand tangible personal property which bears a serial number or personalized initials or inscription or which, at the time it is acquired by the secondhand dealer, bears evidence of having had a serial number or personalized initials or inscription. "Tangible personal property" also includes, but is not limited to, the following: (1) All tangible personal property, new or used, including motor vehicles, received in pledge as security for a loan by a pawnbroker. (2) All tangible personal property that bears a serial number or personalized initials or inscription which is purchased by a secondhand dealer or a pawnbroker or which, at the time of such purchase, bears evidence of having had a serial number or personalized initials or inscription. (3) All personal property commonly sold by secondhand dealers which statistically is found through crime reports to the Attorney General to constitute a significant class of stolen goods. A list of such personal property shall be supplied by the Attorney General to all local law enforcement agencies. Such list shall be reviewed periodically by the Attorney General to insure that it addresses current problems with stolen goods. Therefore, clothing, for example, would not appear to be covered. We would therefore like some clarification as to whether it is truly the intent of Council to prohibit these (thrift) stores as well as the others such as pawn, gold buying, etc stores. Development Services Director ORDINANCE NO. 2011 — 2366 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY, EXTENDING FOR 10 MONTHS AND 15 DAYS A MORATORIUM PROHIBITING NEW PAWNBROKER, SECONDHAND AND PRECIOUS METAL DEALING AND ESTABLISHMENTS IN NATIONAL CITY WHEREAS, the City of National City desires to promote and encourage an atmosphere of healthy and diversified businesses in harmony with the interests of the public as determined by the land uses allowed within the City; and WHEREAS, the City has recently adopted a new General Plan, a component of which allows for land usage that includes pawnbrokers, secondhand and precious metal dealers and establishments within the City; and WHEREAS, since the original pawnshop establishments were approved in the 1980's, the City has seen a 200% increase in such establishments. Various existing businesses have also expanded to include dealings in secondhand goods in recent years. Moreover, due to the increasing value of gold and other precious metals, the market has encountered a proliferation of precious metal buying establishments. Recently, unlicensed and unpermitted precious metal and other secondhand dealer establishments and vendors have erupted in record numbers; and WHEREAS, the National City Police Department has been concerned with the increase in crime related to the existence of such establishments, which includes the sale and purchase of stolen goods, and the added burden of being tasked with tracking the reporting requirements for such establishments pursuant to the regulations of the California Department of Justice, particularly in light of the decrease in law enforcement resources in the current economy; and WHEREAS, there is concern by the City Council that such establishments may have become an excessive burden and may be overly saturated in the City at this time; and WHEREAS, the City Council finds it necessary and appropriate to study and consider the current environment and the effects of existing and new pawnbrokers, secondhand and precious metal establishments, for example, to gather information concerning the status of such establishments and their effect upon other communities; and WHEREAS, the City Council finds that existing land use controls may not adequately address the potential adverse effects of newly proposed pawnbrokers, secondhand and precious metal establishments in the community; and WHEREAS, the City Council finds that without adequate land use controls there would be a current and immediate threat to the public health, safety and welfare were the City to permit new pawnbrokers, secondhand and precious metal dealing and establishments, and that the issuance of building permits, certificates of occupancy, and other entitlements for use for such establishments would result in a threat to the public health, safety and welfare; and WHEREAS, at their regular public meeting held on August 2, 2011, the City Council adopted, as an urgency interim ordinance, Ordinance No. 2011- 2364 enacting a moratorium for a period of 45 days on the locating of, development, or approval of new pawnshops, secondhand dealers and precious metal dealing and establishments in the City; and WHEREAS, at their regular meeting of September 6, 2011, the City Council adopted Resolution No. 2011- , "Approving and Authorizing a Written Report Pertaining to a Moratorium Ordinance Prohibiting the Locating of, Development or Approval of New Pawnshops, Secondhand Dealer's and Precious Metal Dealing and Establishments in the City"; and WHEREAS, on September 6, 2011, the City Council held a public hearing, at which oral and documentary evidence was heard, to consider adopting an urgency ordinance to extend for 10 months and 15 days the 45 day moratorium established by Ordinance No. 2011- 2364; and WHEREAS, the City Council finds it essential to protect the health, safety, and welfare of the citizens of the City of National City to extend for an additional period of 10 months and 15 days the moratorium established by Ordinance No. 2011- 2364 prohibiting the locating of, development, or approval of new pawnshops, secondhand dealers and precious dealing and establishments in the City; and WHEREAS, the City Council intends to adopt, after appropriate study, zoning measures that would apply throughout the City prohibiting or regulating new pawnshops, secondhand dealers and precious metal dealing and establishments as soon as practicable. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. For a period of 10 months and 15 days from the effective date of this Ordinance, no new building permit, certificate of occupancy nor entitlement for use shall be issued for and no new construction shall take place relating to pawnbrokers, secondhand and precious metal dealing and establishments, and no new building permit, certificate of occupancy, nor entitlement for use shall be issued for and no new construction shall take place relating to the location, development, or approval of any new establishment. Section 2. This Ordinance is adopted as an urgency ordinance necessary for the immediate preservation of the public health, safety and welfare within the meaning of the Government Code, and shall take effect immediately. Section 3. If any portion of this Ordinance is found to be invalid, it is the intention of the City Council that the remaining valid provisions of the Ordinance be severed from the invalid provisions and remain in full force and effect. --- Signature Page to Follow --- 2 Ordinance No. 2011-2366 Pawnbroker Moratorium Extension PASSED and ADOPTED this 6th day of September, 2011. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor 3 Ordinance No. 2011 — 2364 Pawnbroker Moratorium Ordinance CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2011 AGENDA ITEM NO. 26 EM TITLE: An Ordinance of the City Council of the City of National City amending Title 6 of the National City Municipal Code by amending Section 6.04.140 pertaining to Business Tax License to be consistent with regulatory codes, and resulting in the streamlining of the process for Business License issuance PREPARED BY: George H. Eiser, III DEPARTMENT: City Attorney PHONE: Ext. 4221 APPROVED BY: EXPLANATION: Subsection (C) of Section 6.04.140 of the Municipal Code authorizes the collection of regulatory permit and license processing fees on behalf of the City department administering the permit or license at the time an applicant presents an application for payment of a business tax. Currently, the subsection contains language that specifically identifies the department (e.g., Building Department, Police Department, Fire Department) conducting the regulatory review for which the permit or license processing fees are collected. The proposed amendment to Subsection (C) would no longer identify the specific department(s) conducting the regulatory review, but would instead provide that "[R]egulatory reviews shall be conducted by the authorized City official(s) as required by the Fire Code, California Building Code, or other law." The purpose of the proposed amendment would be to avoid the necessity of amending the Municipal Code each time there is a change in state law that results in a reassignment of the responsibility among the various City departments for conducting regulatory reviews. This will ensure ^^^sistency between state regulatory codes and the Municipal Code, and will result in a streamlining of process for business license issuance. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Introduce proposed ordinance BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: )osed ordinance ORDINANCE NO. 2011 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 6 OF THE MUNICIPAL CODE BY AMENDING SECTION 6.04.140 PERTAINING TO BUSINESS TAX LICENSE TO BE CONSISTENT WITH REGULATORY CODES, AND RESULTING IN THE STREAMLINING OF THE PROCESS FOR BUSINESS LICENSE ISSUANCE BE IT ORDAINED by the City Council of the City of National City that Title 6 of the National City Municipal Code is amended as follows: Section 1. Chapter 6.04 of the National City Municipal Code, is amended by amending Section 6.04.0140 to read as follows: 6.04.140 Transition and administrative provisions. A. The provisions of this chapter will be fully applicable to all businesses on and after its effective date; provided, however, that any business which has already applied for or paid business taxes for the current calendar year will not be subject to any additional processing requirements. The collector may use existing stocks of forms until depleted in the administration of this chapter. B. Pursuant to Section 6.04.050, the term "business license" or "license tax," or any similar language appearing on such forms shall be construed to refer to the terms "business tax license" or "business tax" adopted by this ordinance as the context may require. C. The collector shall collect all regulatory permit and license processing fees on behalf of an administering City department at the time an applicant presents an application for payment of business tax. Regulatory reviews shall be conducted by the authorized City official(s) as required by the Fire Code, California Building Code, or other law. Processing fees are listed in the National City Fee Schedule. The collector will issue a receipt for the deposit of taxes and fees. A business tax license will not be issued until completion of regulatory processing by administering departments, payment by the taxpayer of any delinquent accounts owed to the city, and determination that the operation of the business would not be in violation of law or the requirements of this code. The collector is authorized to coordinate regulatory processing with the payment of business taxes and fees for the issuance of regulatory permits. The applicant remains responsible for completion of forms and delivery to any department or agency for review. D The collector will refund the business tax deposited upon written request if the business cannot be lawfully conducted at the proposed location following regulatory compliance review, except that no refund will be made if the business opening date was prior to the application date. Regulatory permit processing fees are not refundable. PASSED AND ADOPTED this day of , 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia G. Silva, City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2011 AGENDA ITEM NO. 27 EM TITLE: An Interim Ordinance of the City Council of the City of National City adopted pursuant to Government Code Section 65858 as an Urgency Measure to take effect immediately, extending for 10 months and 15 days a Moratorium prohibiting new pawnbroker, secondhand and precious metal dealing and establishments in National City PREPARED BY: George H. Eiser, III PHONE: 4221 EXPLANATION: DEPARTMENT: City Attorney APPROVED BY: Please see companion item regarding the public hearing for this item. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ,osed ordinance ORDINANCE NO. 2011 — 2366 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY, EXTENDING FOR 10 MONTHS AND 15 DAYS A MORATORIUM PROHIBITING NEW PAWNBROKER, SECONDHAND AND PRECIOUS METAL DEALING AND ESTABLISHMENTS IN NATIONAL CITY WHEREAS, the City of National City desires to promote and encourage an atmosphere of healthy and diversified businesses in harmony with the interests of the public as determined by the land uses allowed within the City; and WHEREAS, the City has recently adopted a new General Plan, a component of which allows for land usage that includes pawnbrokers, secondhand and precious metal dealers and establishments within the City; and WHEREAS, since the original pawnshop establishments were approved in the 1980's, the City has seen a 200% increase in such establishments. Various existing businesses have also expanded to include dealings in secondhand goods in recent years. Moreover, due to the increasing value of gold and other precious metals, the market has encountered a proliferation of precious metal buying establishments. Recently, unlicensed and unpermitted precious metal and other secondhand dealer establishments and vendors have erupted in record numbers; and WHEREAS, the National City Police Department has been concerned with the increase in crime related to the existence of such establishments, which includes the sale and purchase of stolen goods, and the added burden of being tasked with tracking the reporting requirements for such establishments pursuant to the regulations of the California Department of Justice, particularly in light of the decrease in law enforcement resources in the current economy; and WHEREAS, there is concern by the City Council that such establishments may have become an excessive burden and may be overly saturated in the City at this time; and WHEREAS, the City Council finds it necessary and appropriate to study and consider the current environment and the effects of existing and new pawnbrokers, secondhand and precious metal establishments, for example, to gather information concerning the status of such establishments and their effect upon other communities; and WHEREAS, the City Council finds that existing land use controls may not adequately address the potential adverse effects of newly proposed pawnbrokers, secondhand and precious metal establishments in the community; and WHEREAS, the City Council finds that without adequate land use controls there would be a current and immediate threat to the public health, safety and welfare were the City to permit new pawnbrokers, secondhand and precious metal dealing and establishments, and that the issuance of building permits, certificates of occupancy, and other entitlements for use for such establishments would result in a threat to the public health, safety and welfare; and WHEREAS, at their regular public meeting held on August 2, 2011, the City Council adopted, as an urgency interim ordinance, Ordinance No. 2011- 2364 enacting a moratorium for a period of 45 days on the locating of, development, or approval of new pawnshops, secondhand dealers and precious metal dealing and establishments in the City; and WHEREAS, at their regular meeting of September 6, 2011, the City Council adopted Resolution No. 2011- , "Approving and Authorizing a Written Report Pertaining to a Moratorium Ordinance Prohibiting the Locating of, Development or Approval of New Pawnshops, Secondhand Dealers and Precious Metal Dealing and Establishments in the City"; and WHEREAS, on September 6, 2011, the City Council held a public hearing, at which oral and documentary evidence was heard, to consider adopting an urgency ordinance to extend for 10 months and 15 days the 45 day moratorium established by Ordinance No. 2011- 2364; and WHEREAS, the City Council finds it essential to protect the health, safety, and welfare of the citizens of the City of National City to extend for an additional period of 10 months and 15 days the moratorium established by Ordinance No. 2011- 2364 prohibiting the locating of, development, or approval of new pawnshops, secondhand dealers and precious dealing and establishments in the City; and WHEREAS, the City Council intends to adopt, after appropriate study, zoning measures that would apply throughout the City prohibiting or regulating new pawnshops, secondhand dealers and precious metal dealing and establishments as soon as practicable. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. For a period of 10 months and 15 days from the effective date of this Ordinance, no new building permit, certificate of occupancy nor entitlement for use shall be issued for and no new construction shall take place relating to pawnbrokers, secondhand and precious metal dealing and establishments, and no new building permit, certificate of occupancy, nor entitlement for use shall be issued for and no new construction shall take place relating to the location, development, or approval of any new establishment. Section 2. This Ordinance is adopted as an urgency ordinance necessary for the immediate preservation of the public health, safety and welfare within the meaning of the Government Code, and shall take effect immediately. Section 3. If any portion of this Ordinance is found to be invalid, it is the intention of the City Council that the remaining valid provisions of the Ordinance be severed from the invalid provisions and remain in full force and effect. --- Signature Page to Follow --- 2 Ordinance No. 2011-2366 Pawnbroker Moratorium Extension PASSED and ADOPTED this 6th day of September, 2011. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor 3 Ordinance No. 2011 — 2364 Pawnbroker Moratorium Ordinance CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2011' AGENDA ITEM NO. 28 EM TITLE: 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, Princ I Planner PHONE: 336-4421 DEPARTMENT: Develo me ervices APPROVED BY: EXPLANATION: A public hearing was held, and an ordinance adopting the amended Official Zoning Map was introduced on August 16, 2011 as part of the Comprehensive Land Use Update, which included the General Plan Update and the Land Use Code Update. 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. 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 establishes the general distribution of land uses throughout the planning area. The Official Zoning Map identifies the specific zones that ply 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 California Environmental Quality Act. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt 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. TACHMENTS: ORDINANCE NO. 2011 — 2367 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 ORDAINED 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 ORDAINED 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 6th day of September, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia G. Silva City Attorney 2 Ordinance No. 2011-2367 Official Zoning Map CITY OF NATIONAL CITY, CALIFORNIA CITY COUNCIL AGENDA STATEMENT ACCOUNT NO. MEETING DATE: September 6, 2011 EM TITLE: AGENDA ITEM NO. resolution of the City Council of the City of National City approving a Memorandum of Understanding between the San Diego Unified Port and the City of National City providing $830,000 in Port funding as a match to 2011 Tax Allocation Bonds for the National City Aquatic Center, and ratifying the Assignment by the Port and the Assumption by the City of the Lease of Property at Goesno Place (Port Capital Funding),I PREPARED BY: Patricia Beard DEPARTMENT: Redevelopment/Special Projects PHONE: 4255 APPROVED BY:, -4. EXPLANATION: In the spring and summer of 2010, the City Council participated in the creation and work efforts of a Port of San Diego Maritime Advisory Committee formed to address adverse impacts of industrial waterfronts in the communities of National City and Barrio Logan. One result of these activities was that the Board of Port Commissioners allocated $830,000 in new funding for construction of the $3.3 million National City Aquatic Center, intended to open up National City's waterfront for boating to all people regardless of ability to pay. Pursuant to a lease dated June 8, 2010, the Port District entered into a 30-year lease with the CDC of property located at Goesno Place, to be utilized for the Aquatic Center. Consistent with the Cooperation Agreement between the City and the CDC dated February 15, 2011, the lease was assigned by the Port District and assumed by the City Manager on behalf of the City pursuant to the Assignment and Assumption Review and Approval dated July 8, 2011, and executed by the City Manager on July 12, 2011. It is now appropriate that the Assignment and Assumption be ratified by the City Council. Since the Community Development Commission issued Tax Allocation Bonds in February iii fund completion of the project and since the Building Permit for the project was approved in August uiring construction to be underway within six months, Port staff is recommending providing the nding via a cash advance per the proposed MOU. If the City Council approves the MOU, the Port Commission will consider it at their September 13`h meeting. The funds could then be provided within 60 calendar days of execution. The project would be required to commence construction by December 31, 2012 and to be completed by the expiration of the Coastal Development Permit. FINANCIAL STATEMENT: APPROVED Finance 524-409-500-598-3816. This MOU provides that $830,000 capital funding would be provided as a match to National City Tax Allocation Bond funding for construction of the Aquatic Center. Including soft costs, public art, staff time and construction, the project is anticipated to cost approximately $4 million. ENVIRONMENTAL REVIEW: The Mitigated Negative Declaration under the California Environmental Qualit Act — UPD # 83356-MND-665 was filed by the Clerk of the Port of San Diego on October 11, 2006. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: 0rACHMENTS: 1. Proposed Memorandum of Understanding MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY REGARDING THE NATIONAL CITY AQUATIC CENTER The following recitals are a substantive part of this Memorandum of Understanding (MOU): WHEREAS, both the San Diego Unified Port District (District) and the City of National City (City) have worked cooperatively to develop the National City Aquatic Center (Project); and WHEREAS, the District has approved the Project's concept plan; and WHEREAS, the District certified the Project's Port Master Plan Amendment Mitigated Negative Declaration, SDUPD Clerk's Document No. 51129 filed on October 11, 2006; and WHEREAS, the Port Master Plan Amendment for the Project was certified by the California Coastal Commission, SDUPD Clerk's Document No. 51129 filed on October 11, 2006; and WHEREAS, the District has granted the Community Development Commission of National City a thirty (30) year lease for the Project's site, with the condition that the project has commenced construction before December 31, 2012, SDUPD Clerk's Document No. 56735 filed on July 29, 2010 (Lease); and WHEREAS, the District has included $830,000 in its Capital Improvement Program as match funding for the Project as recommended by the Maritime Enhancement Advisory Committee; and WHEREAS, the District has consented to the transfer of the Lease to the City of National City; and WHEREAS, the District has issued the Project's Coastal Development Permit, SDUPD Clerk's Document No. 57961 filed on August 10, 2011; and NOW THEREFORE, the parties hereto enter into this MOU effective as of this day of , 2011: 1. District agrees to transfer $830,000 to the City within sixty (60) calendar days of signature of this MOU for match funding for the Project. 2. City agrees to provide the remaining funding for the Project and to complete the construction of the Project. 3. City agrees to commence construction of the Project before December 31, 2012 or the City will return the $830,000 to the District within sixty (60) calendar days and this MOU shall terminate. 4. City agrees to complete the construction of the Center on or before the expiration of the Coastal Development Permit, unless the District and City mutually agree to file for an extension. In the event construction is not completed and no extension has been granted, 1 the City will return the $830,000 to the District within sixty (60) calendar days and this MOU shall terminate. 5. This MOU shall commence effective on the date set forth above and shall continue until the Project is constructed and litigation and claims, if any, are settled. 6. All obligations of the parties under the terms of this MOU are subject to the appropriation of the required resources by the parties and the approval of their respective Boards of Directors, Councils or Commissioners. 7. This MOU shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this MOU, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. 8. All terms, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto, and each of their respective heirs, executors, administrators, successors, and assigns. 9. For purposes of this MOU, the relationship of the parties is that of independent entities and not as agents of each other or as joint ventures or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 10. No alteration or variation of the terms of this MOU shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 11. Nothing in the provisions of this MOU is intended to create duties or obligations to or rights in third parties to this MOU or affect the legal liability of the parties to this MOU to third parties. IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above written. Port Attorney SAN DIEGO UNIFIED PORT DISTRICT By By Karen J. Weymann Director, Real Estate SDUPD Docs No. 481368 2 CITY OF NATIONAL CITY By Signature PRINT NAME: PRINT TITLE: RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED PORT DISTRICT AND THE CITY OF NATIONAL CITY FOR PORT FUNDING IN THE AMOUNT OF $830,000 AS MATCHING FUNDS TO THE 2011 TAX ALLOCATION BONDS FOR THE NATIONAL CITY AQUATIC CENTER, AND RATIFYING THE ASSIGNMENT BY THE PORT AND THE ASSUMPTION BY THE CITY OF THE LEASE OF PROPERTY AT GOESNO PLACE IN NATIONAL CITY WHEREAS, in 2010, the City Council participated in the creation and work efforts of a Port of San Diego Maritime Advisory Committee formed to address adverse impacts of industrial waterfronts in the communities of National City and Barrio Logan; and WHEREAS, as a result of these activities, the Board of Port Commissioners allocated $830,000 in new funding for construction of the $3.3 Million National City Aquatic Center (the "Project"), intended to open up National City's waterfront for boating to all people regardless of their ability to pay; WHEREAS, on June 8, 2010, the San Diego Unified Port District (the "Port District") entered into a 30-year lease (the "Lease") with the Community Development Commission of the City of National City ("CDC") for property located at Goesno Place, to be utilized for the Aquatic Center; and WHEREAS, pursuant to the Cooperation Agreement between the City and the CDC dated February 15, 2011, the Lease was assigned by the Port District and assumed by the City as part of the Assignment and Assumption Review and Approval dated July 8, 2011, and executed by the City Manager on July 12, 2011. Said Assignment and Assumption requires ratification by the City Council; and WHEREAS, on February 28, 2011, the CDC issued $39,660,000 in Tax Allocation Bonds, in part to fund construction of the Aquatic Center, which requires the project to be complete within three years of the issuance date, and the Building Permit for the Project was approved in August requiring construction to be underway within six months; and WHEREAS, on August 10, 2011, the Port District filed a Coastal Development Permit for construction of the National City Aquatic Center on Port lands within two years; and WHEREAS, the Port District has proposed a Memorandum of Understanding ("MOU") providing National City with the funding via a cash advance in the amount of $830,000 as matching funds to begin construction by December 31, 2012, and to complete the Project by the expiration of the Coastal Development Permit. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies the Assignment by the San Diego Unified Port District and the Assumption by the City of National City of the 30-year Lease of property at Goesno Place in National City. Resolution No. 2011 — Page Two BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute a Memorandum of Understanding between the San Diego Unified Port District and the City of National City for Port funding in the amount of $830,000 as matching funds to begin construction by December 31, 2012, and to complete the Project by the expiration of the Coastal Development Permit. PASSED and ADOPTED this 6th day of September, 2011. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA CITY COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2011 AGENDA ITEM NO3c1 'EM TITLE: A resolution of the City Council of the City of National City approving an Agreement by and between the City Council of the City of National City and Safdie Rabines Architects not to exceed $291,777 for architectural services related to the ational City Aquatic Center. (2011 Tax Allocation Bonds) PREPARED BY: Patricia Beard • • PHONE: 4255 nt/Special Projects DEPARTMENT: Redevel APPROVED BY: EXPLANATION: !After a competitive Request for Proposals in 2005, the CDC selected Safdie Rabines Architects ("SRA") to design the National City Aquatic Center. Bonds were issued in February, 2011, in part, to finance construction of the Aquatic Center in Pepper Park and require construction to be complete by February, 2014. The Coastal Development Permit issued by the Port of San Diego for the project requires construction to occur within two years and the Building Permit issued by the City of National City requires construction to commence by February, 2012. An analysis of the proposed scope and cost of the agreement against the California Multi -Agency Benchmarking Study, 2010, found the costs to be within reason. Approval of the Agreement would allow SRA to complete the construction drawings, prepare an updated storm water plan required by the Port of San Diego, prepare the bid specifications, coordinate the final design and installation of Public Art by Lisa Schirmer and oversee the project to completion. It is staff's intention to bid the project prior to calendar year end and to complete construction by or before the winter of 2014. This Agreement with the City of National City is consistent with the Cooperation Agreement between the City and CDC approved on February 15, 2011, which "rovided that the City could complete CDC projects, including the Aquatic Center, using redevelopment ending. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: Finance 524-409-500-598-3816. The proposed Agreement is for not to exceed $291,777. The current construction estimate for the Aquatic Center is $3.01 million, plus soft costs, public art, and staff time charges of $947,720. The Port of San Diego is considering approval of $830,000 matching funds to be applied to the project. The Agreement stipulates that no pledge of General Funds is being made. ENVIRONMENTAL REVIEW: The Mitigated Negative Declaration under the California Environmental Quality Act — UPD # 83356-MND-665 was filed by the Clerk of the Port of San Diego on October 11, 2006. ORDINANCE: INTRODUCTION: FINAL ADOPTION: 1 STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Proposed Agreement ?. Architectural rendering — National City Aquatic Center 3. Public art rendering — National City Aquatic Center RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND SAFDIE RABINES ARCHITECTS FOR THE NOT TO EXCEED AMOUNT OF $291,777 TO PROVIDE ARCHITECTURAL SERVICES TO DESIGN THE NATIONAL CITY AQUATIC CENTER TO BE LOCATED IN PEPPER PARK WHEREAS, as the result of a competitive request for proposals process, on July 12, 2005, the Community Development Commission of the City of National City ("CDC") and Safdie Rabines Architects entered into an Agreement (the "Agreement") for architectural services to design the National City Aquatic Center to be located in Pepper Park; and WHEREAS, on February 28, 2011, the CDC issued $39,660,000 in Tax Allocation Bonds, in part to fund construction of the Aquatic Center, which requires the project to be complete within three years of the issuance date; and WHEREAS, the Coastal Development Permit for the project was issued by the Port of San Diego on August 2, 2011, requiring construction to occur within two years; and WHEREAS, the building permit for the project was issued on August 17, 2011, and requires that construction be underway within six months; and WHEREAS, the due to the Bond Issuance and permits issued, the project is an enforceable obligation of the CDC as defined by the State of California; and WHEREAS, the Agreement includes public art to be installed by Lisa Schirmer, an artist selected in a competitive request for proposals process, which has been approved by the National City Public Art Committee and the Port of San Diego, and WHEREAS, the cost and scope of the services within the Agreement have been determined to be reasonable against the California Multi -Agency CIP Benchmarking Study, 2010. WHEREAS, pursuant to and consistent with the Cooperation Agreement by and between the City of National City and the Community Development Commission of the City of National City adopted on February 15, 2011, the City is undertaking development of the Aquatic Center on behalf of the Community Development Commission; and WHEREAS, said Cooperation Agreement does not constitute a pledge of the use of General Funds for the Aquatic Center but rather obligates the use of non -General Funding such as 2011 Tax Allocation bonds, Tax Increment funding and/or Capital Improvement Funds provided by the Port of San Diego. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement by and between the Community Development Commission of the City of National City and Safdie Rabines Architects for the not to exceed amount of $291,777 to provide architectural services to design the National City Aquatic Center to be located in Pepper Park. --- Signature Page to Follow --- Resolution No. 2011 — Page Two PASSED and ADOPTED this 6th day of September, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney ATTACHMENT 1 AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND SAFDIE RABINES ARCHITECTS THIS AGREEMENT is entered into this 6th day of September, 2011, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and SAFDIE RABINES ARCHITECTS, an architect (the "CONSULTANT"). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide architectural and project oversight services for final design and construction of the National City Aquatic Center. WHEREAS, the CDC has determined that the CONSULTANT is a registered architect and is qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. WHEREAS, pursuant to and consistent with the Cooperation Agreement by and between the City of National City and the Community Development Commission of the City of National City adopted on February 15, 2011, the City is undertaking development of the Aquatic Center on behalf of the Community Development Commission; and WHEREAS, said Cooperation Agreement does not constitute a pledge of the use of General Funds for the Aquatic Center but rather obligates the use of non -General Funding such as 2011 Tax Allocation bonds, Tax Increment funding and/or Capital Improvement Funds provided by the Port of San Diego. FOLLOWS: NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS 1. ENGAGEMENT OF CONSULTANT. The CDC hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONSULTANT shall appear at meetings cited in Exhibit "A"to keep staff and City Council advised of the progress on the project. The CDC may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANTunder this Agreement. Upon doing so, the CDC and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Susan Richard thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $291,177 (the Base amount) without prior written authorization from the City Manager/Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CDC. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. CONSULTANT acknowledges and accepts that CITY is undertaking the Aquatic Center project pursuant to its obligations set forth in the Cooperation Agreement by and between the City of National City and the Community Development Commission of the City of National City, and that CITY is not committing its general funds to payment for these services, but rather the 2011 Tax Allocation Bond proceeds, tax increment funds, and/or funds provided by the Port of San Diego will be used for such payments. 5. ACCEPTABILITY OF WORK. The CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CDC or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC shall, with 2 CDC's Standard Agreement— June 2008 revision reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. This contract shall expire and all tasks described in Exhibit "A" will be completed on or before June 30, 2013. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CDC and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CDC's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 15 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANT's, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 3 CDC's Standard Agreement — June 2008 revision 9. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CDC wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CDC are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, sire!:. perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are 4 CDC's Standard Agreement — June 2008 revision employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. TheCONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 5 CDC's Standard Agreement — June 2009 revision 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CDC and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the National City Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the National City Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CDC. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. 6 CDC's Standard Agreement —June 2006 revision For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and Tess any damages caused the CDC by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 7. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight 7 CDC's Standard Agreement - June 2008 revision mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CDC: To CONSULTANT: Chris Zapata City Manager of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Ricardo Rabines Safdie Rabines Architects 925 Fort Stockton Drive San Diego CA 92103 619-297-6153 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CDC. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 8 CDC's Standard Agreement — June 2008 revision 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. 9 CDC's Standard Agreement — June 2008 revision CITY OF NATIONAL CITY By: Ron Morrison Mayor APPROVED AS TO FORM: Claudia Gacitua Silva CDC General Counsel SAFDIE RABINES ARCHITECTS (Corporation - two signatures) By: (Print) ?c; nc pa - (Title) By: (Name) Iate.( - c'de (Print) -f nU (Title) 10 CDC's Standard Agreement — June 2008 revision EXHIBIT "A" SAFDIE RABINES ARCHITECTS Patricia Beard City of National City 1243 National City Blvd National City CA 91950 July 28, 2011 Hi Pat, 925 Fort Stockton Drive, San Diego, California 92103-1726 619.297.6153 Fax 619_299.6072 www.safdierabines.com Below are the services and fees associated with Construction Documents, Bid Support and Construction Administration Services. A. Construction Documents 1. Total Time and Materials Estimated Fee: $192,905.00 2. Services: a. Architectural Services: i. Fee: $126,650.00 ii. Construction Documents: $112,930 • Sr. Principal 9 hrs x $250 = $2,250 • Project Manager 308 hrs x $170 - $52,360 • Designer 3 432 hrs x $135 = $58,320 iii. Incorporate EsGil comments into the Drawings iv. Coordinate with design team to finalize the construction documents. v. Incorporate any re -check comments into the drawings vi. Coordinate and incorporate any outstanding utility issues vii. Provide CSI format specifications viii. Drawings and Specifications for Artist portion of work: $8,620 • Sr. Principal 2 hrs x $250.00 = $500.00 • Project Manager • Designer 3 16 hrs x $170 = $2,720 40 hrs x $135.00 = $5,400 ix. Provide specifications and incorporate artist's portion of work into the construction drawings for architectural coordination only. x. Security consultant coordination: $5,100 • Sr. Principal 2 hrs x $250.00 = $500.00 • Project Manager 8 hrs x $170 = $1,360 • Designer 3 24 hrs x $135.00 = $3,240 xi_ Coordinate with security consultant & electrical engineer xii. incorporate camera locations into architectural drawings b. MEP Services: i. Fee: $9,240.00 ii. Construction Documents: $6,834.00 • PM/PE • Elect. S. Designer • Mech. S. Designer 18 hrs x $145 = $2610 20 hrs x $96 = $1920 24 hrs x $96 = $2304 iii. Incorporate EsGil plan check comments dated October 08, 2008 iv. Complete coordination for the project (one coordination meeting) v. Provide new electrical power design for communications and security systems. Design of communications and security systems by others. vi. Complete construction document/bid drawings in AutoCAD 2010 format vii. Complete CSI format specifications (book form) Division 15 and 16 viii. Incorporate new plan check comments after re -submittal ix. Security Consultant Coordination: $2,406.00 • PM/PE 6 hrs x $145 = $870 - Elect. S. Designer 16 hrs x $96 = $1536 x. Coordinate with security consultant. Add conduit as required in drawings. c. Landscape Services: i. Fee: $1,905.00 • 5 hours x $125 = $625 • 16 hours x $80 = $1,280 ii. Preliminary team coordination and attendance at 1 team meetings iii. Revision allowance to incorporate design changes and base update. iv. Submit planting and irrigation construction documents for building permit. Incorporate plan check comments. v. Complete CSI format specifications for planting and irrigation. vi. Project management: email and phone calls. e. Structural Services: i. Fee: $22,280 ii. Construction Documents: • SE 85 hours x $130 = $11,050 • Drafting 90 hours x $75 = $6,750 iii. Creation of final construction documents, including incorporation of all plan review comments, final coordination with architectural and consultants drawings, completion of original project specifications. iv. Coordination for Artist portion of work: • SE • Drafting 16 hours x $130 = $2,080 32 hours x $75 = $2,400 v. Coordination with Artists structural engineer and incorporation of required items into drawings. f. Civil Services: i. Fee: $15,000.00 • 40 hours x $165= $6,600 SWPPP= $5,000 • USMP= $3,400 ii. Prepare grading plan based on site plan provided by client or client's agent. Plan shall be prepared for approval in accordance with the City of National City standards. Prepare grading plan at 20-scale showing grading and drainage around the buildings, pavement, curbs, retaining walls if any, hardscape, and walkways. This will not be prepared on the City's titleblock. We understand that a grading permit will not be required. iii. Prepare earthwork calculations, according to City of National City methodology. iv. Prepare erosion control plan to accompany site grading plan. v. Prepare Specifications to accompany grading plans. vi_ Prepare SWPPP and USMP documents vii. Attend meetings and coordinate with client and client's agent and consultants, an allocation of five (5) meetings have been assumed for this task. g. Artist Services: i. Fee: $11,870.00 • Canopy Design = $5,100 • Tile Design = $3,900 • Drawings & Models = $1,000 • Structural Engineer Fee = $1,870 h. Security Services: $4,960.00 fixed fee i. Commit a day to project site walk, interaction with architect and key project personnel, and initial CD -level drawing review/redlining for locating physical security devices. ii. Develop a generic physical security video system design suitable for public - sector bidding. iii. Complete the drawing redline process and deliver such (including key device detail and references) to design team for inclusion on CAD drawings to be completed by design team. • iv. Develop a video surveillance system technical specification in Division 28 format suitable for public sector bidding. v. Participate in up to two man hours of project related con calls during this project phase (including associated/required. prep and follow-up work). vi. Review of design team -developed CAD drawings of video surveillance system prior to bid publication. i. Cost Estimate Services: i. Fee: $1,000.00 fixed fee ii. Final Construction Document Cost Review to determine any differences after completion of Construction Documents. B. Bid Support 1. Total Time and Materials Estimated Fee: $8,226.00 2. Services: a. Architectural Services: i. Fee: $2,980.00 Project Manager 8 hours x $170 Designer 3 12 hours x $135 ii. Attend pre -bid meeting iii. Respond to bid RFIs b_ MEP Services: i. Fee: $1,131.00 • PM/PE 2.5 hrs x $145 = $363 • Elect. S. Designer 4 hrs x $96 = $384 • Mech. S. Designer 4 hrs x $96 = $384 ii. Respond to pre -bid Request for Information (RFIs) iii. Participate in pre bid meeting and prepare addenda as required. iv. Provide bid review comments and recommendations. c. Landscape Services: i. Fee: $240.00 • 3 hours x $80 = $240 IL Bidding assistance, answering questions and clarifying the Construction Documents during the Bidding Period. d. Structural Services: i. Fee: $1,040.00 • 8 hours x $130 ii. Participate in pre bid meeting and prepare addenda as required. iii. Bidding assistance e. Civil Services: i. Fee: $2,475.00 • 15 hours x $165 ii. Participate in pre bid meeting and prepare addenda as required. iii. Bidding assistance f. Artist Services: i. Artist Fee: $160 • 2 hours x $80 ii. Structural Engineer Fee: $200 • 2 hours x $100 C. Construction Administration 1. Total Time and Materials Estimated Fee: $83,757.00 a. Based on a construction time of one year (52 weeks). 2. Services: a. Architectural Services i. Fee: $52,580.00 • Sr. Principal 20 hours x $250 • Project Manager 156 hours x $170 - Designer 3 156 hours x $135 ii. Attend pre -construction meeting iii. Review and respond to RFIs and submittals iv. Attend weekly construction meetings b. MEP Services: i. Fee: $3,392.00 • PM/PE 7.5 hrs x $145 = $1088 • Elect. S. Designer 12 hrs x $96 = $1152 • Mech. S. Designer 12 hrs x $96 = $1152 ii. Respond to pre -bid Request for Information (RFIs) iii. Participate in pre bid meeting and prepare addenda as required. iv. Provide bid review comments and recommendations. v. Participate in preconstruction meeting. vi. Review submittals and shop drawings vii. Respond to Request for Information (RFIs) viii. Conduct two (2) construction progress meetings. ix. Conduct final punch list inspection. c. Landscape Services: i. Fee: $5,325.00 • 33 hours x $125 = $4,125 • 15hours x$80=$1,200 ii. Planting and irrigation submittal review iii. Observation reports (1 for each observation visit listed below). Notification: while observing construction at the site, Consultant will keep the Client informed of the progress of construction through written Site Observation Notes_ Consultant may recommend to the Client the rejection of work failing to conform to the Construction Drawings and Specifications. Consultant will advise and assist the Client with change order issues only upon Client's request. Consultant will make visits to the site, as stipulated below to familiarize ourselves with the progress and quality of construction of the work within the Consultant's scope -of -work and to determine in general if the construction is proceeding in general accordance with the design intent and construction documents. Planting up to 3 site observation reviews including: - Soil preparation and fine grading - Tree layout 1 installation - Shrub, succulent and ground cover installation Irrigation up to 3 site observation reviews - Pressure test of irrigation main line and mainline layout Drip line layout - Coverage test of irrigation system iv. Substantial completion punch list and punch list completion for hardscape, planting and irrigation (prior to plant maintenance period). Allow 2 visits. v. Project management: email and phone calls. d. Structural Services: i. Fee: $2,340.00 • 18 hours x $130 ii. Participate in preconstruction meeting. iii_ Attend up to two (2) construction related meetings iv. Submittal review, RFI response, and other construction administration services e_ Civil Services: i. Fee: $6,600 • 40 hours x $165 ii. Participate in preconstruction meeting. ili. Attend up to two (2) construction related meetings iv. Submittal review, RFI response, and other construction administration services. f. Artist Services: i. Fee: $11,030 ii. Artist Fee: $8,030 • Canopy - Graphic Designs of Interior, file creation for final print format = $3,000 • Canopy Template Pattern Creation and Print = $550 • Tile Design Layout with instruction for water -jet cut pieces = $3,000 Canopy and Tile - Inspections -fabrication and installation = $1,000 iii. Participate in preconstruction meeting and attend construction related meetings. Total of 6 hours. iv. Structural Engineer Fee: $3,000 g. Security Services: i. Fee: $2,490 ii. Assist design team in responding to video surveillance system RFI's. iii_ Review up to three (3) bid submittals, providing written rating comparison spreadsheet based on client -provided weighting/rating evaluation criteria. In the absence of client -provided evaluation/decision criteria, PlanNet will provide a spreadsheet comparing bid systems to one another and against current industry standards and directions. D. Special Irrigation Services a. Special Irrigation Services (if required): AB 1881 Irrigation Requirements, AB 1881 Planting Requirements, AB 1881 Certificate of Completion and one additional site visit. i. Fee: $1,210.00 • 2 hours x $125 = $250 • 12 hours x $80 = $960 ii. Note this does not include: AB1881 irrigation schedule and water audit. E. Security Services for the YMCA a. Provide services including coordination, meetings and documentation of security items if required by the YMCA. i. Fee: $5,680.00 • 32 hours x $135 = $4,320 • 8 hours x $170 = $1,360 F. Reimbursables 1. Total Estimated Fee: $7,500 a. Architectural: $3,000 i. Includes mileage at current IRS rate and expenses at cost plus 15% ii. Includes printing, postage, and other expenses b. MEP: $1,000 c. Landscape: $1,000 d. Structural: $1,000 e. Civil: $1,500 Exclusions and Provisions 1. The following items are not part of the scope of services and shall be billed as additional services if the services are required: a. The scope and fee proposal is based on the understanding that the project is still under the 2001 CBC code and that no revisions to calculations, reports or any other similar item other than those specifically included in the proposal will need to be provided. b. The scope and fee proposal is based on the understanding that the materials and systems previously designed for the project are still available and applicable for the project. Any revisions to the materials and/ov systems will be billed on an hourly basis as additional services_ c. The scope and fee proposal is based on the understanding that no redesign will be required due to the added security work. Additional fees will be requested for any redesign resulting from security items. d. A grading plan/permit and related engineering cost estimate will not be required per email sent to us from Byron on May 06, 2011. e. New SWPPP and USMP documents are required by the Port for review and approval. There are included in the proposal. f. Revisions and/or design changes originated from City of National City, Port of San Diego, YMCA, or other similar entity not resulting from building permit review comments. Revisions and/or design modifications due to any changes in site conditions since October 2008. h. Preparation of presentation materials, 3D images/renderings and presentations. Thank you for your consideration of our request and please let us know if there are any questions. Susan Richard g. nn tour., IA I O.QVATIG3 CENTER • Construcllen O ocurn enl., BIOtllny, .06 CoM ruction Ads Inloir W OM A.•rOpllcn 10 62 W\e4{ for CPn1r u0o, 3Um•r31. m 1335..2.4r. Irc. VEP CV.o Cosset. C1.8 0664 SIrv0IVY xis. 5570 CM.'Sn.6.1 1E.Scnn. h• MIS Pa•INN0 9sun CM1MUWIb SYOe Nednpl A C.a6.vulur 0m•nvl. 19240 0r5,1320 012,510 5+9P5 KW j11.570 Sl {eo Arch TOIJ F... Cwuu9 M CMMr.rrl•: 15 4,.. 2146.12610 :o.II M.IAF 9ID R. M4306.3T]d ao SE. xi+96•i6.60090 CPn.lr.edm OOFrm.nl.: 050on oi1]O. f11,ON M+. e516.28 15p 111,600 OM+n 03125•i6% I5 Mav{1166p. 61 360 312e,510 10.M10 1 Mwk• 9 nn.3250 • $2 250 t3. .•a 24MnM• 103 N.®3110 Sr,3N 1• wYaMMes..l] maws• 550.320 B wt.; 016 nM9.051 r..,4gb34410n: ZOO .02111ON• 214 OW 5142,969 25,034 91,11.04 C.114.On4Gn Sll$p]0 Sew.0.2.. CeanN•I4n 15 000 Co..Y, Iu41•1 Po4m . ware: 3e 120 22I44M0..11 $2,244.tld1 b 4N1 0 in•51.5 3410 16 nn .604 • 3+5M 0340 u. 16nma3130• 22.050 321w.•$75. 22.00 TIN conks : 36..'(F.4.1.', 321w.• 3110• i3,Mo 10 no. •$135.05.15AC0 lanes. a Ni4.1;]]0 x 11ew..31•A.00.5500,00 PCoxrdas I.$1,00 Onion 33.393 1$ .05 COS E.Wol. 1]n.:y. 6 M W F( 11 000 31 003 26 530 2W2Iw*E7Onm' 31<V111r CN11u0W (L.PN:M 21610 2 1..2250.00. 63013,00 • On 1110• 21,360 2419.. 1135,00. 13310 P. 21100610 31,131 12415 11,6.0 32� 1360 15,100 2.5 N. • 51.5. 3163 .M afW •Sbl . nr•. {M.SIO. tlfvf 1163 3nfW1 •i130.51 d0 ]ncu•. •Sf.. 3210 M9Y 2Mrn•300• SIN SEW.2 200 aMO• fi.114 6N.(0 WO•11.SN 12 044(21115. {e,tte C. Croviro3I0nbmry. Ie'im 13192 36,000 $2,Sp 15,125 111.011 12490 11.620 flM•31a!•f10e0 t3M a350.31142 12w. •3G•$1T62 .0 hours•S165.25,000 T39ar1.3130. 12 Set S3rwr..i115.3.,1I6 16 hour•340•So2C0 q.9N. 9h...• 100 1 H80,00 122313 20 MIp3150. 05,000 Wrs.51..4.•625.5.• ®3 MMed.1d M4$111anr• Sl heap Ons C: S3 w•9®llvnwr. 62No 421116 •Ie.660 Dino C0.'S$1.du�]nMwe.4. 168Mfl931]5.3T1000 311131 Cn4q • Or*. O.yn.01 SS.,, l4 cr.. kg feE Writ kn. 33 0O0 0w W3 T.rp.. P.nm Creation 51M PM! 3330 Toe beak. Wee... 51.Y.Nm W w•Nnl.l al 30 ow C.404.2 T... in..., .l. en. • 0+ 9+0 I n.1 N W 9n S1202 5auclu. %Oneer 0A 33,000 O Soo., . rdi 5•mcel (e re,.et, l 31 210 SI S10 lOd 09 ,Jae N 90vuuc4m *4.jo. O 3 m,9Vun4n .Lmin•4.Ih. 6 O.only S.vkn I. ] MrM1 a it]6 • fY60 12 Awn. 450 • $960 N. 1EI Ap 'NWW3 15,6.0 25112 To is W03N1 Ou0N0 em4u.,M O¢ummu 32 MEM a 5126 • 31.332 •hour•.1115• $1,380 Total 5 arrix• F••• 113702 224415 125(60 414 390 31 ]00 323 260 11.0 2112 xio 3]91}27.00 National Ci-y Aquatic Center - Awning Design / Position -1"*"4"- 4 0 --- — _ ---- _ 0 South Elevation - Building A LISA SCHIRMER ISEGN OA L C TO DRAW • TO DESIGN www.l.achirmetcom H.P.FIAT ROOF 1.31,07 LP FLAT R001 T.O. OFFICE ROO 1,25,6 T.O. LOW STOREFRON (.23451 ,:2011 Dicoonc2, LI::: A0nfQeevnd r, c )uaunpenv WOMEN'S LOCKER EXTENDED TILE 8"/8" (Nominal 8'/81 5/16" thick -joint grout recommendation: 1/16" Walls between shower stalls included in above layout. Approximate Total Square Footage 93 Decorative Tiles 93 tiles@ 8"/8" Field Tiles 42 sq ft 289 sq ft Total Square Footage = 331 £ luawypend' USA SC H I RMER DISFGNO'2LLC TO DRAW TO DESIGN www.l isaschi rmer.com 619 224-6434 CITY OF NATIONAL CITY, CALIFORNIA CITY COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2011 AGENDA ITEM NO. 11 EM TITLE: IA resolution of the City Council of the City of National City approving an Agreement by and between the City of National City and Project Professionals Corporation not to exceed $224,599 for project management services related to the construction of the National City Aquatic Center (2011 Tax Allocation Bonds) PREPARED BY: Patricia Beard PHONE: 4255 EXPLANATION: DEPARTMENT: Redev- ..ment/Special Projects APPROVED BY: r Project Professionals Corporation ("PPC") is a qualified construction manager which has performed at or above expectations on a variety of capital projects for the City of National City such as the Bay Marina Drive widening, soccer field, and 23`d Street streetscape improvement. Following the approval of a Cooperation Agreement between the City and CDC for completion of the Aquatic Center and issuance of the 2011 Tax Allocation Bonds to fund construction, staff has moved swiftly to bring the project to bid readiness in order to meet the three-year completion requirement of the Bond issuance. Consequently on August 10, 2011 the Port of San Diego issued the Coastal Development Permit required for the project which requires construction within two years and on August 24, 2011 the City of National City approved the building permit for the project, which requires construction to be underway within six months. Due to the need to get the project underway swiftly, staff waived the usual competitive request for proposals process and requested a sole source proposal for project management from PPC. Said proposal was reviewed and negotiated with leadership from the Director Development Services/City Engineer and analyzed against the California Multi -Agency Benchmarking _ udy, 2010. The scope and cost for these services has been determined to be reasonable. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: Finance 524-409-500-598-3816. The proposed Agreement shall not exceed $291,777. The current construction estimate for the Aquatic Center is $3.01 million, plus soft costs, public art, and staff time charges of $947,720. The Port of San Diego is considering approval of $830,000 matching funds to be applied to the project. The Agreement stipulates that no pledge of General Funds is being made but that redevelopment and Port funding shall be used for the project. ENVIRONMENTAL REVIEW: The Mitigated Negative Declaration under the California Environmental Quality Act — UPD # 83356- MND-665 was filed by the Clerk of the Port of San Diego on October 11, 2006. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Proposed Agreement RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND PROJECT PROFESSIONAL CORPORATION FOR THE NOT TO EXCEED AMOUNT OF $224,599 TO PROVIDE PROJECT MANAGEMENT SERVICES RELATED TO THE CONSTRUCTION OF THE NATIONAL CITY AQUATIC CENTER WHEREAS, 2011 Tax Allocation Bonds in the amount of $39,660.000 were issued on February 28, 2011, in part to fund the construction of the National City Aquatic Center within three years; and WHEREAS, on August 10, 2011, the Port of San Diego filed a Coastal Development Permit for construction of the National City Aquatic Center on Port lands within Pepper Park within two years; and WHEREAS, on August 17, 2011, the City of National City issued a Building Permit for the National City Aquatic Center that requires construction to commence within six months; and WHEREAS, due to time constraints, a competitive request for proposals for project management of the construction is not feasible; and WHEREAS, Project Professionals. Corporation is a qualified construction manager, and submitted a proposal responsive to the Community Development Commission's request, budget and schedule; and WHEREAS, the scope and budget of the proposal has been determined to be appropriate as analyzed against the California Multi -Agency CIP Benchmarking Study, 2010; WHEREAS, pursuant to and consistent with the Cooperation Agreement by and between the City of National City and the Community Development Commission of the City of National City adopted on February 15, 2011, the City is undertaking development of the Aquatic Center on behalf of the Community Development Commission; and WHEREAS, said Cooperation Agreement does not constitute a pledge of the use of General Funds for the Aquatic Center, but rather obligates the use of non -General Funding such as 2011 Tax Allocation Bonds, Tax Increment funding and/or Capital Improvement Funds provided by the Port of San Diego. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement by and between the Community Development Commission of the City of National City and Project Professionals Corporation for the not to exceed amount of $224,599 for project management services related to the construction of the National City Aquatic Center. --- Signature Page to Follow --- Resolution No. 2011 — Page Two PASSED and ADOPTED this 6th day of September, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney ATTACHMENT 1 AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND PROJECT PROFESSIONALS CORPORATION THIS AGREEMENT is entered into this 6th day of September, 2011, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and Project Professionals Corporation, a project management firm (the CONSULTANT). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide project management services for the National City Aquatic Center. WHEREAS, the CDC has determined that the CONSULTANT is a project management firm and is qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. FOLLOWS: NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS 1. ENGAGEMENT OF CONSULTANT. The CDC hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONSULTANT shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CDC may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CDC and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Byron Wade thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A"shall not exceed $224,599 (the Base amount) without prior written authorization from the Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CDC. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. ACCEPTABILITY OF WORK. The CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CDC or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Agreement shall expire June 30, 2013. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CDC and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CDC's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 15 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 2 City's Standard Agreement - June 2008 revision 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONSULTANT its agents, servants, and employees are as to the CDC wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CDC are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by rnembers of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or 3 City's Standard Agreement —June 2008 revision litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death 4 Citys Standard Agreement — June 2008 revision of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CDC. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CDC and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VII I according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CDC's Risk Manager. In the event coverage is provided by non -admitted 5 Citys Standard Agreement — Jane 2008 revision "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CDC's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CDC. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the 6 Citys Standard Agreement —June 2008 revision CDC, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 7. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CDC: To CONSULTANT: Brad Raulston Executive Director Community Development City of National City 1243 National City Boulevard National City, CA 91950-4301 Byron Wade President/CEO Project Professionals Corporation 656 5th Avenue San Diego, CA 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, 7 Citys Standard Agreement —June 2008 revision process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. n If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CDC for all damages, costs or expenses the CDC may.suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J_ Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 8 City's Standard Agreement — June 2008 revision K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: Ron Morrison, Chairman APPROVED AS TO FORM: Claudia Gacitua Silva, CDC General Counsel 9 PROJECT PROFESSIONALS CORPORATION (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole propriet. ship — one si natur Leanne Wade Chief Financial Officer City's Standard Agreement — June 2008 revision EXHIBIT "A" PROJECT PROFESSIONALS CORPORATION July 27, 2011 Pat Beard City of National City 1243 National City Blvd. National City, CA 91950 RE: National City Aquatic Center Construction Management Proposal Dear Pat, I am submitting this proposal per your request for a proposal to provide Construction Management services for the National City Aquatic Center. Legal Name and Address of the Company & Address of the Office Working on the Project Project Professionals Corporation 656 5th Avenue, Ste W San Diego, CA 92101 Legal Form of the Company `S' Corporation Contact Information for Corporate Representative Byron S. Wade, President/CEO 656 5th Avenue, Ste W San Diego, CA 92101 Office 619.794.0182 Cell 619.244.3418 Fax 619.794.0180 Email: byron@projectprofessionalscorp.com Web: www.projectprofessionalscorp.com insurance Requirements and Certificates All required approved insurance certificates and endorsements are currently on file with the City. 656 5 AVENUE, SUITE W SAN DIEGO, L;ALIEu RNIA 92101 ProjectProfessionalsCorp. corn TELEPHONE 61 9.794.❑ 1 62 FACSIMILE 6 1 9.794.C)180 City of National City Professional Services Proposal Aquatic Center Page 2 of 5 About Project Professionals Corporation PPG's construction management and inspection personnel are highly experienced and uniquely qualified to manage and inspect public works projects. Processing submittals, RFI's, approving schedules, keeping project files, coordinating with engineers, contractors, and inspectors, knowing the Greenbook and basic engineering principals is just the beginning. Understanding the legal principals and current law of public contracts is essential in the enforcement and administration of public works projects. Meeting agendas, minutes and change orders are carefully crafted since they can have unintended legal consequences if the party performing these services is unaware of the potential legal entanglements. At PPC we are experts at negotiating and drafting clear and binding change orders. Contractors are becoming more sophisticated and desperate for extras in these lean times. Protecting public funds is more challenging and knowing what the current law is on any issue is a must. PPC anticipates potential issues before they become costly and takes appropriate steps to mitigate damages and claims. PPG's Principal, Byron Wade, has over 25 years of experience managing every type of public works project. Problem solving is a critical skill that Byron and PPC staff will bring to this project. Richard Thompson has managed the construction of all types of public buildings over the last 30 years and has extensive experience in the private industry as a licensed contractor as well. Supporting Project Manager, Michael McDonnell also brings the unique and highly valuable asset of being a licensed California Attorney. The importance of good public outreach cannot be overstated. PPC is very serious about protecting the integrity of National City and its staff as we represent the City on projects. We are genuinely concerned about every citizen's opinions and issues with each project. PPC has a standing policy of immediate response and resolution to every citizen complaint and keeping the City informed of all issues in a timely manner. PPC's CFO Leanne Wade is a Certified Public Accountant and brings expertise in public finance management and analysis that can be utilized for all financial issues. Part of closing out a project is the final walk and punch list. It takes years of experience to define the line between acceptable and unacceptable work. PPC staff brings this type of expertise to every project. City of National City Professional Services Proposal Aquatic Center Page 3 of 5 PPC will perform final walkthroughs and turnovers, draft punch lists, gather and review warranties, manuals and as -built drawings. The job's not done until the paperwork is finished_ PPC's record keeping and file system are second to none. Finally, a project closeout should include the review and input of any stakeholders that were part of the whole process or are responsible for the future maintenance of the improvement. This will avoid difficult issues in the future if an unhappy stakeholder brings up issues after the project is closed out. PPC has developed excellent working relationships with all of National City's maintenance department heads and personnel that will be utilized throughout the project as necessary. At the end of each project a complete project file will be turned over to the City for their archives. Scope of Services Construction Management: 1. Enforce all terms and conditions of all contract documents. 2. Attend/chair all project related meetings. a. Weekly project meetings will be held as a minimum. b. Other site and office meetings will be held as required to addressis ues that cannot wait for the weekly meeting. 3. Take, process and distribute meeting minutes. 4. Track and document project schedule and scope of work compliance. a. Prepare, distribute and enforce Weekly Statements of Contract Time. b. Review, approve/reject and track the contractor's proposed full construction schedule and weekly updates. 5. Process and track construction related RFI's and submittals. 6. Coordinate special inspections. 7. Coordinate with utility companies and lead problem solving on utility issues. 8. Review, estimate and approve payment quantities. 9_ Prepare and process payment invoices. 10. Review, negotiate, recommend and draft change orders for City approval as necessary. 11. Provide value -engineering recommendations throughout the project as appropriate. 12. Maintain the master construction file. 13. Collect and review certified payroll records. 14. Perform all labor compliance duties: a. Communicate certified payroll requirements to the contractor and subcontractors at the pre -construction meeting. b. Set up and maintain certified payroll files. c. Accept and review all certified payroll documents. d. Perform on -site labor interviews (listed bellow under inspection services). City of National City Professional Services Proposal Aquatic Center Page 4 of 5 e. Communicate and enforce all necessary corrective actions with contractor, City and Labor Commissioner when necessary. 15. Perform final walkthrough. 16. Develop, distribute and enforce final punch list. 17. Perform turnover duties to City Public Works Department. 18. Finalize the project per City policy and standards. Project Management QA/QC: 1. Visit the site daily to review construction quality, performance and progress. 2. Keep daily reports that document; a. Work performed and improvements installed and whether they are acceptable. b. Material and improvement quantities for payment. c. Contractor and subcontractor personnel for certified payroll audit and perform certified payroll interviews. d. Weather conditions. e. Unforeseen or changed conditions. f. Communications with the contractor or subcontractors. g. Communications with other entities. h. Safety conditions and violations_ i. Accidents of any kind. j. Communications with City staff that directs the project different from the contract documents. 3. Photo document the project regularly. 4. Communicate any unforeseen or changed conditions to the City and Principal Project Manager in a timely fashion and take action as necessary. 5. Ensure testing of materials by others is completed as required. 6. Participate in change order negotiations. 7. Review project BMP's for compliance with permits. 8. Communicate any safety violations, accidents and water quality control issues to the City and Principal Project Manager in a timely fashion and take action as necessary. 9. Participate in final walkthrough of the project. 10. Participate in the development and enforcement of the final punch list. The Principal Project Manager shall manage and coordinate all PPC efforts, attend all meetings, visit the worksite regularly, meet and confer on all construction and public relations issues, negotiate all change orders, review and make recommendations on submittals, RFI's and invoices, collect and analyze all project quantities for daily ongoing budget control and analysis and process invoices and change orders. The Project Manager shall substitute for the Principal Project Manager where appropriate. City of National City Professional Services Proposal Aquatic Center Page 5 of 5 The Administrative Assistant shall maintain all project files, collect and review certified payroll documents and coordinate with the contractor on all corrections. Please see attached spreadsheet for the cost estimate breakdown. Thank you for this opportunity to serve the City of National City on this project. Sincerely, S. Wade dent/CEO Construction Management Task/Regular Time Project Management Cert payroll/file management Pre -con Set up/Close out fi Cost Proposal for Construction Management National City Aquatic Center July 27, 2011 Principal Project Project Manager Manager 520 8 Project Manager QA/QC 910 4 Senior Inspector Admin. Assistant 432 Total Hours/Units Rates per hour TOTALS Estimated Reimbursable Costs: Item B&W Copies/Prints 8 1/2" x 11" 24 48 150i 105 115f 116 82,800 - j 110,630 4 16 Senior Engineer Engineering 1 Intern TOTAL Type of Units Cost per Units 452 68 30,736 135 { 54 Est. number of Units Color Copies/Prints 8 1/2" x 11" CD Roms Mileage Each Each Each $ 0.20 $ 1.00 $ 5.00 500 150 1 224,166 TOTALS 100 150 Binder, 3" ade /CEO Each Each $ 0.50 $ 26.00 200 3 Total Expenses Total Consulting Fee (above) Total Cost Estimate 5 100 78 8 433 $ 224,166 $ 224,599 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2011 AGENDA ITEM NO. ,32 ITEM TITLE: The City of National City Towing Contract Committee Response's to Objections Raised by Towing Contractor's; and Committee Recommendation of Tom Moynahan Towing and Road One Towing as the Top Two Ranked Tow Contractor's, Based on Best Overall Value to the City PREPARED BY: Dan Fabinski & Debbie Lunt PHONE: 336-4446/336-4582 EXPLANATION: See attached Staff Reports DEPARTMENT: Police ;may nce Depts. APPROVED BY: FINANCIAL STATEMENT: n/a ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: n/a APPROVED: Finance MIS STAFF RECOMMENDATION: The Towing Contract Committee recommends that the Contract be awarded to Tom Moynahan Towing and Road One Towing, for the reasons set forth in the attached report. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report: Committee Response's to Objections from Towing Contractor's; and Committee Recommendation on Proposed Tow Contractors 2. Letter from Rodney L. Solenberger, L.L.M. (American Towing) 3. Staff Report: Proposed Tow Rates for the 2011 Tow and Impound Contract CITY OF NATIONAL CITY MEMORANDUM DATE: August 30, 2011 TO: Mayor and City Council FROM: Tow Contract Committee SUBJECT: National City Towing and Impound Contract: Recommendation of Towing Contractors and Responses to Objections Raised by Towing Contractors INTRODUCTION On August 16, 2011, the City Council of National City requested that the Tow Contract Committee (hereinafter "Committee") provide recommendations for two contractors for National City's Towing and Impound Contract (hereinafter "Contract"). This memorandum sets forth the Committee's recommendations. The City Council also requested the Committee respond to objections raised by towing contractors; this report responds to the objections received. RECOMMENDATIONS The Committee recommends that the Contract be awarded to Tom Moynahan Towing and Road One, for the reasons set forth herein. BACKGROUND The City's current towing contract with Tom Moynahan Towing will expire on September 30, 2011. Therefore, a Request for Proposal ("RFP") #GS1011-4 was issued to establish a new Towing and Impound contract for the City of National City. After the Committee's RFP review and subsequent site visits, the Committee determined that three proposed contractors who submitted RFP responses met the terms of the RFP and were qualified to be considered by the City Council for possible award of the City's Contract. They were Tom Moynahan Towing, Road One Towing, and Angelo's Towing. 1 Recommendation of Tow Contractors August 30, 2011 At the City Council meeting on August 16, 2011, the City Council requested that the Committee return to the meeting on September 6, 2011, and provide recommendations for two contractors out of the three that qualified. BASIS OF RECOMMENDATIONS Three tow contractors met or exceeded the RFP requirements. Based upon factors in the RFP, and for reasons hereinafter explained, the Committee ranked the proposed contractors in the following order: • Tom Moynahan Towing and Storage, 3200 National City Boulevard., National City, CA 91950 • Road One Towing (A to Z Enterprises, Inc.), 3821 Calle Fortunada, Suite A, San Diego, CA 92123 • Angelo's Towing, 1177 S. 26th Street, San Diego, CA 92113 All three of the above tow contractors appear to be of high quality and are professional tow contractors. For reasons stated below, the contractors were ranked by the Committee based upon the best value and ability to serve the City's needs. 1. Tom Moynahan Towing and Storage Tom Moynahan Towing and Storage (hereinafter "Moynahan") was determined to be the number one proposed contractor for the new Contract for the following reasons. Moynahan has been the City's tow contractor continuously since 1968. In fact, it was the sole contractor from 1968 until 1989, when the City decided to split the towing services between two contractors. It was again the sole contractor for the past year since the other contractor became disqualified. Moynahan's truck fleet meets the RFP requirements and is more than adequate to meet all of the City's requirements for towing vehicles of all sizes, including large, oversized vehicles such as commercial buses and commercial semi -trucks, towing from off -road areas, and underground parking facilities. All trucks are equipped in accordance with the RFP requirements. Moynahan's business office and storage lot is located in National City and is the closest proposed contractor to the Police Department. With its location in the City, it is the most convenient for both customers and City personnel. The size, layout, lighting and security of the storage lot are sufficient for all City needs. They are the only proposed contractor located entirely within National City. Moynahan has extensive municipal towing experience and significant municipal towing experience with the City of National City. As the current City tow contractor, the business already has a sufficient system in place to post tow reconciliations and collect all fees due to the City. Their personnel are already properly trained in the needs and requirements of the City. Therefore, it can go into full operation immediately upon award of the new Contract. 2 Recommendation of Tow Contractors August 30, 2011 Additionally, Moynahan has an outstanding reputation for accuracy, dependability, and reliability in all areas as a tow contractor for the City of National City. Their interaction with customers and City personnel is professional and customer service oriented. Tow reports have been accurate and submitted in a timely manner. Its employees have been responsive and well trained, and its trucks have an excellent record for arriving on time. The reference checks provided by this company were all positive. There are no areas of concern known, nor any negative history reported or experienced with the company. Therefore, the above information weighs favorably for Moynahan being the most favorably qualified. Moynahan was determined to be the number one best value for the City. 2. Road One Towing Road One Towing was determined to be the number two proposed contractor for the new Contract. Road One Towing had been one of the two National City tow contractors from 1989 until 2006, a period of almost seventeen years. Road One Towing's truck fleet meets the RFP requirements. It has the largest fleet of trucks amongst all the RFP bidders. Its truck fleet is more than adequate to meet all of the City's requirements for towing vehicles of all sizes, including large oversize vehicles such as commercial buses and commercial semi -trucks, towing from off -road areas, and underground parking facilities. All trucks are equipped in accordance with the RFP requirements. Road One Towing's business office and storage lot is located at 3333 National Avenue in San Diego, which is approximately 1.6 miles from the National City city limits. Its business office/storage lot is the second closest to the Police Department, making it convenient for both customers and City personnel. The size, layout, lighting and security of the storage lot are sufficient for all City needs. A concern with their business office and storage lot was that it was only staffed Monday through Friday, 8:00 am to 6:00 pm. This concern has been rectified. Road One Towing notified the Towing Contract Committee members that this lot will be open and staffed 7 days a week/24 hours a day effective September 15, 2011. Road One Towing has extensive municipal towing experience. Although not a current tow provider for National City, it previously had almost seventeen years of experience as a National City tow contractor. Road One Towing had a sufficient system in place to post tow reconciliations and collect all fees due to the City in an accurate and timely manner when they were a National City tow contractor. Road One Towing representatives state they could re -enable the National City reconciliation system with minimal effort. Personnel who were previously trained in the needs and requirements of the City would not need to be retrained as National City continues to use the same tow reconciliation system. Only new personnel would need to be trained. Therefore, Road One Towing should be able to go into full operation with minimal effort upon award of the new contract. As a former City contractor, Road One Towing had a favorable reputation overall as a tow contractor for National City. Their prior interaction with customers and City personnel was professional. Their tow reports were accurate and submitted in a timely manner. 3 Recommendation of Tow Contractors August 30, 2011 One issue the City previously had with Road One Towing was the frequent delay in its tow responses. This often kept officers and other City personnel waiting an excess amount of time for the tow truck to arrive. Road One Towing representatives acknowledged that they previously had difficulty meeting response times and have taken action to correct this issue. Representatives state they now use a GPS Tele-track system to monitor the location of their tow trucks. They state this enables them to send the closest available truck to the location thus decreasing response times. The reference checks provided by Road One Towing in the RFP verify their assertions regarding their improved response times. A representative from the Escondido Police Department stated that Road One Towing was prompt and on time for service calls. A representative from the Chula Vista Police Department stated that Road One Towing was usually on time and always had trucks available for service calls. The other reference checks provided by the bidder were all positive in nature with no late response time issues mentioned. The primary area of concern of meeting response times appears to have been corrected by Road One Towing. The initial after hours business office/storage lot waiting time concern has been eliminated. City. Therefore, Road One Towing was determined to be number two for best value to the 3. Angelo's Towing Angelo's Towing is ranked third as a proposed contractor for the new Contract. It is not within the Committee's recommended two contractors, as compared to the other two proposed contractors discussed above. Angelo's Towing has no prior experience as a National City tow contractor. Angelo's Towing truck fleet meets the RFP requirements. Their truck fleet is more than adequate to meet all of the City's requirements for towing vehicles of all sizes, including large oversize vehicles such as commercial buses and commercial semi -trucks, towing from off -road areas, and underground parking facilities. All trucks are equipped in accordance with the RFP requirements. Angelo's Towing business office and storage lot is located at 1177 S. 26th Street in San Diego, which is approximately 2.0 miles from the National City city limits. Its business office/storage lot is the third closest to the Police Department, making it convenient for both customers and City personnel. The layout, lighting and security of the storage lot are sufficient for all City needs. A concern is the size of their storage lot. Although their approximate 20,000 square foot lot meets the RFP requirements, it is the smallest lot of all the RFPs. There is a concern that they could have difficulty finding room to store all the NCPD impounded vehicles at this location. Angelo's Towing has minimal municipal towing experience. They are on the California Highway Patrol's (CHP) tow rotation and have been a municipal towing contractor for the City of Coronado for two years. Angelo's Towing does not have a system in place to post tow reconciliations and collect fees due to the City. They do not collect government fees for either the CHP or the Coronado Police Department. Angelo's Towing would have to create a tow 4 Recommendation of Tow Contractors August 30, 2011 reconciliation system and their employees would have to be trained to properly collect, document and forward City tow fees. Therefore, Angelo's Towing would require significantly more time and effort on both their behalf and the City's to become a fully operational City tow contractor. Angelo's Towing has no prior experience as a National City tow contractor; as such, the tow committee can only assess their ability from the RFP process and not from any prior actual experience. However, based on the RFP process, it appears that Angelo's Towing is a high quality, professional tow contractor. They appear dependable and reliable. The reference checks provided by the bidder were positive. The primary areas of concern with Angelo's Towing is their minimal municipal towing experience, their lack of experience as a National City tow contractor, and the potential problems of vehicle storage due to the smaller size of their storage lot. Therefore, Angelo's Towing was determined to be the third in best value for the City. COMMITTEE RESPONSES TO OBJECTIONS RAISED BY OTHER CONTRACTORS 1. Response to Cortes Towing Statement to City Council on August 16, 2011 Objection raised - During the City Council meeting on August 16, 2011, Paulo Cortes of Cortes Towing stated there were inconsistencies with the RFP process. Specifically, he asserted that he had been disqualified from the RFP process for not having a truck capable of large, oversize vehicle towing when the RFP stated heavy towing was over 22,000 lbs and he has a truck capable of 35,000 lbs GVWR. Additionally, he states he has an off road capable tow vehicle that only had a flat tire during the inspection and not disabled as quoted in the site inspection. He alleged the RFP process was tainted. Response - Mr. Cortes is mistaken about the RFP stating a heavy tow vehicle is defined as being capable of towing 22,000 lbs. The RFP does not specifically give a weight requirement for a tow truck capable of large, oversize vehicles. Large, oversize vehicles are considered to be street legal, licensed vehicles that travel the street of National City such as large buses, construction trucks, full size semi -trucks and trailers, etc. . These are vehicles that can become disabled due to collisions or breakdowns and wreak havoc with traffic in the City. It is critical to have a tow vehicle available to immediately respond and tow a large, oversize vehicle when needed. The three tow contractors who met the RFP requirements, Tom Moynahan Towing, Road One Towing and Angelo's Towing all have trucks capable of 80,000 lbs GVWR, Cortes Towing asserts they have a truck capable of 35,000 lbs GVWR, significantly less capable than the top three. Mr. Cortes states the RFP classifies a heavy tow vehicle as more than 22,000 lbs. It appears Mr. Cortes incorrectly read the Attachment A, Towing Fee Schedule. Attachment A has a price category for towing a heavy vehicle, the start weight for this category is listed as 22,000 lbs. This means that if Mr. Cortes tows a vehicle in excess of 22,000 lbs GVW, then he would charge the appropriate fee for this category. So whether he tows a 22,000 GVWR vehicle or a 5 Recommendation of Tow Contractors August 30, 2011 55,000 GVWR vehicle the price is the same. It is a price breakdown category only, not a definition. All definitions are listed in section B of the RFP. During the site inspection, Paulo Cortes and Juan Cortes, Jr. accompanied Sergeant Fabinski and Armando Vergara. When asked if they had a large truck capable of towing large, oversize vehicles, one of them responded they did not but they can purchase one if they were awarded the tow contract. Additionally, there is a discrepancy with Mr. Cortes alleged 35,000 GVWR truck. The CHP inspections they provided with the RFP package have conflicting weight ratings for this vehicle. The CHP 234-B form has 35,000 typed in the GVWR box, it is scratched out and 30,000 is written in pen, the accompanying CHP Driver/Vehicle Examination Report lists this same vehicle with a 26,000 GVWR. Therefore, it is questionable if this vehicle has a 35,000 GVWR as Mr. Cortes states or a 30,000 or 26,000 GVWR. Regarding Mr. Cortes off road tow vehicle, Sergeant Fabinski and Armando Vergara saw this vehicle had a missing right front tire/wheel, the hood was opened, the vehicle was sitting crooked and appeared partially dismantled. Either Juan Cortes or Paulo Cortes stated at the time of the site inspection, they were in the process of rebuilding this vehicle. It should also be noted that a CHP-234B inspection form was not submitted on this vehicle with the RFP package, which is a failure to meet the RFP requirements. 2. Response to Marco Polo Cortes Statement to City Council on August 16, 2011 Objection raised - During the August 16, 2011 City Council meeting, Mr. Marco Polo Cortes stated he represented American Towing and Cortes Towing. Mr. Cortes requested a continuance of the City Council's decision as he needed time for rebuttal due to inconsistencies with the RFP. Response - Mr. Cortes is able to raise his objections at any time prior to the award of the Contract, which will be not be until the September 6, 2011 meeting, approximately three weeks after the towing company's notice of recommendations. Moreover, the towing companies were provided notice of acceptance or rejection of their RFP five days prior to the City Council meeting on August 16. 3. Response to Donald Fields and Nash Habib's Statement to City Council on August 16.2011 Objections raised - During the August 16, 2011 City Council meeting, Mr. Donald Fields and Mr. Nash Habib of Angelo's Towing thanked the City for their favorable consideration for the Contract. Mr. Habib responded to questions from Councilperson Zarate regarding his lack of a secured; evidentiary vehicle storage location. Mr. Habib stated he has another storage lot approximately seven miles from the City that has a secure, evidentiary storage location capable of holding almost ten vehicles. Response - In the RFP package that Angelo's Towing submitted, they listed the storage lot located at 1177 S. 26th Street in San Diego. The RFP package states this is the location where. National City vehicles would be stored. This is also the location of the office. This is the location that was evaluated during the RFP process based on the Angelo's Towing RFP package. 6 Recommendation of Tow Contractors August 30, 2011 The RFP states the storage lot and office must be at the same location. They must also be within ten miles of National City. The RFP does not state that the storage lot and office cannot be relocated during the life of the contract. If Angelo's Towing is awarded the Towing and Impound Contract, there is nothing to preclude them from moving the National City impounds to a new location as long as all National City impounds are kept at the same location, the business office is at the same location as the storage yard, the storage yard is within ten miles of National City, and all other RFP requirements for the facility are met. 4. Response to Rodney L. Solenberger's Letter dated August 23, 2011 Representing American Towing and Auto Dismantling, Inc. Objections raised - Mr. Rodney L. Solenberger submitted a letter to the City dated August 23, 2011 on behalf of American Towing and Auto Dismantling, Incorporated. The letter made numerous allegations of bias and unfairness in the RFP process. Response - Mr. Solenberger's letter states, "In contrast to the RFP process in 2006, the initial RFP issued May 19, 2011, made no reference to on -site or pre -award inspections." Mr. Solenberger is incorrect. The RFP clearly states on page 12, 3. Inspection The City reserves the right to inspect, without advance notice, the Bidding Contractor's equipment and facilities to determine if the Bidding Contractor is capable of fulfilling the terms of Contract. Inspection will include, but not limited to, survey of Bidding Contractor's physical assets and financial capability. Bidding Contractor, by signing the proposal, agrees to allow the City or its agents' right of access to physical assets and financial records for the sole purpose of determining Bidding Contractor's capability to perform the contract. The Bidding Contractor shall grant access to facilities/equipment for inspection in a timely manner. In conducting this inspection, the City reserves the right to disqualifi, a Bidding Contractor who does not, in the City's judgment, exhibit the sufficient physical and financial resources to perform the Contract. Failure to permit an inspection upon the City's initial request may be cause for disqualification. No notice is necessary to the Bidding Contractor. Mr. Solenberger states, "As in 2006, once again City employees unilaterally changed the focus of the evaluation process with only limited notice that the primary focus of the evaluation process would be on -site inspections." This clearly is incorrect as evidenced by the above Inspection section of the RFP. 7 Recommendation of Tow Contractors August 30, 2011 Mr. Solenberger states, "As problematic as the change in emphasis to on -site inspections was in 2006, the situation is more egregious this time. This is because of the active involvement of Sergeant Fabinski in the process. At Tuesday's City Council meeting, in comparing bidders who had not previously provided services to the City to a child's new toy purchase and subsequent disappointment, Sergeant Fabinski clearly indicated the unfairness of the selection process." The purpose of the Council vote on August 16 was to decide if two contractors or three contractors were to be awarded the contract. Sergeant Fabinski stated the decision was Council's decision and the Police Department would be able to handle whichever the Council selected. One Councilperson asked Sergeant Fabinski several questions regarding the ability to select one contractor. Sergeant Fabinski stated that more than one contractor would be preferable in the chance a future issue could arise and force an early end to one contractor; this way, there would still be a remaining contractor. Sergeant Fabinski stated that if one contractor was to be selected, he would recommend a contractor who had already demonstrated the ability to successfully handle the duties of the City tow contractor. The new child's toy example was used. Additionally, all of the site visits were conducted by both Sergeant Fabinski and Armando Vergara. During each site visit, they were accompanied by a tow contractor representative who was able to answer questions. Mr. Solenberger states, "City Council approval of the recommendation sets a standard by which no provider who has not previously provided services can hope to be selected no matter how qualified. Is the City so inclined to forget recent history that resulted in a provider who had continuously been awarded contracts being terminated for providing deficient services?" This is incorrect. In 2006, JC Towing was awarded the tow contract for the first time with no previous City tow contracts awarded. They have been awarded the contract only once, not continuously. JC Towing was not terminated; they voluntarily withdrew from the contract. This indicates the City has been open to awarding tow contracts to contractors with no previous City experience. Mr. Solenberger states, "Other than to disqualify otherwise qualified bidders or to unfairly prefer bidders who currently provide services to the City, there is no rationale for requiring bidders to currently possess equipment and facilities to be awarded a contract." In order to be fair to all proposed contractors, the RFP contained specific requirements for equipment and facilities. The specific requirements were due upon the due date of the RFP. This is necessary to ensure fairness. If bidders are not required to possess all the necessary equipment, they cannot be properly and fairly compared. The RFP due date was a solid cutoff date. Without this cut off date, a contractor could possess minimal and inadequate equipment yet demand an award stating the purchase of equipment will be done later. Mr. Solenberger states, "The irrefutable fact is that American Towing possessed `equipment' capable of providing towing in underground garages and from off road areas." During the site visits, Mr. Mercado stated he did not have a vehicle capable of sub -garage towing or off road towing. He stated he would purchase one vehicle that could handle both tasks 8 Recommendation of Tow Contractors August 30, 2011 if awarded the contract. He made no mention of the use of Go -jacks or his off road recovery ability during the site -visit. His RFP response does contain information on the use of Go jacks and his ability to tow from off road areas. Go -jacks are individual, caster wheel type, vehicle tire lifts. They are generally placed under each tire and allow a vehicle to be pushed around similar to moving heavy furniture. The National City Police Department (NCPD) underground garage has a sloped entrance/exit making the use of Go jacks difficult and undesirable. The vehicle would have to be pushed near the roll up door; it would then have to be moved up or down the slope using a winch or similar device on the tow truck. With the narrow NCPD garage opening, there is concern the vehicle could be damaged and/or the NCPD building, gate, or gate electrics could be damaged. Additionally, the majority of vehicles towed to the NCPD garage are towed there for evidence processing. This requires minimal physical contact by the tow operator to avoid the destruction or contamination of potential evidence. Physically pushing the vehicle on Go -jacks would normally require increased touching of the vehicle, thereby increasing the possibility of lost evidence. It should also be noted that the NCPD contractor will be required to tow all NCPD vehicle impounds, even from outside of National City. The potential exists for towing vehicles from low clearance, multi -level parking structures where the use of Go -jacks is not feasible. In the RFP, American Towing states they have demonstrated the ability to tow from off road areas. However during the site visits, Mr. Mercado did not attempt to demonstrate or explain capabilities to tow from off road areas. Mr. Solenberger states, "American Towing's treatment is vividly contrasted by the evaluation of the same requirement for Tom Moynahan Towing. For that company Sergeant Fabinski's evaluation is largely illegible with respect to an off road towing vehicle. While Sergeant Fabinski's Tow RFP Site Visit sheet notes that 1 sub -garage vehicle is available, with respect to an off -road capable truck, the sheet notes, `MOP/[illegible]CAT (put on rollback)'." The legibility of all of Sergeant Fabinski's Tow RFP Site Visit sheets is similar. Regarding Tom Moynahan Towing's off -road tow vehicle, when asked where his off road vehicle was for inspection, Mr. Moynahan walked Sergeant Fabinski and Armando Vergara over to a Caterpillar tractor that has been modified with towing cables. Mr. Moynahan explained its use and that the Caterpillar is placed on a rollback tow truck, taken to the off road recovery area where it can go in virtually any off road area and tow virtually any vehicle out. The towed vehicle and Caterpillar tractor are then both placed on the rollback tow truck and towed away. This was acceptable for Sergeant Fabinski and Armando Vergara. Similarly, Mr. Lemler of Paxton Towing also displayed an off road recovery vehicle when asked. Mr. Lemler walked Sergeant Fabinski and Armando Vergara to an extremely large tow truck. Mr. Lemler stated he purchased the truck from US Navy surplus. The truck was designed by the Navy to pull ships to shore. He stated the truck had over 800 feet of cable and he could pull anything out of anywhere with it. This again was acceptable as off road recovery equipment by Sergeant Fabinski and Armando Vergara. As previously stated, when Mr. Mercado was asked about his off road recovery vehicle, he did not attempt to display or show anything, he simply stated he did not have one but he would purchase one that could also be used for sub -garage work if he was awarded the contract. Mr. Solenberger states, "In short the City is requiring bidders to make large capital outlays in the hope of the being recommended as an acceptable bidder. This is vividly demonstrated in American Towing's case, which made inquiries prior to submitting its bid 9 Recommendation of Tow Contractors August 30, 2011 response as to the cost of a vehicle capable of meeting the underground and off road towing requirement. In essence the purchase of two vehicles is required at the cost of $25,000 to $30,000. There is little reason to incur such a cost for a very contingent benefit that is further speculative because of the disparate treatment given to similarly situated bidders." As previously answered, the RFP due date was the cutoff date for all RFP requirements. This is done to ensure a fair RFP process. The City has not directed anyone to purchase equipment. The RFP has specific requirements, if the bidder elects to submit an RFP proposal, it is incumbent on the bidder to determine if they meet all of the RFP requirements and specifications. Mr. Solenberger states, "Similar considerations are present with respect to the City's requirement that the storage yard have alarms and intrusion sensors. Once again, Sergeant Fabinski's evaluation fails to note that American Towing has never had a break in at the storage yard, and the security procedures currently in place are acceptable to the other government entities under those entity's respective contracts. Moreover, American Towing does have security cameras in place which would require an upgrade to be motion activated. Such motion activated cameras were deemed to be acceptable in the case of Tom Moynahan Towing. Once again the cost of an upgrade of approximately $5000 along with an additional monthly fee resulting in an additional outlay of $3,600 per year, which would only be necessary under the National City contract, cannot be economically justified in light of the discriminatory selection process and substantial uncertainty of receiving the benefits of a contract award." The RFP has specific requirements for the tow storage yard. These specific requirements are applicable to all the RFP bidders. The specific storage yard requirements contained in the RFP were specifically added at the direction of the City Council during the May 3, 2011 City Council -meeting. The process to require all bidders to meet the same specific requirements for the storage yardis fair. The fact that American Towing does not have an alarm system and currently possesses an out dated camera system does not unfairly target American Towing. Mr. Mercado stated during the site visit the cameras are not monitored and they are "old style" cameras. Additionally, the fact that a business has not had a previous break in, is not an indication or guarantee that it will not be broken into. The purpose of the RFP storage yard requirements is to make sure the National City impounds are stored in the safe and secure manner. Mr. Solenberger states, "American Towing believes there is ample evidence that the tow evaluation committee inconsistently applied the RFP provisions. Another example is the capability to tow large oversize vehicles. It appears that both Cortes Towing and Tom Moynahan Towing have substantially similar vehicles, but that neither meets CHP specifications for oversize vehicle towing. Nevertheless, the tow evaluation committee determined that Tom Moynahan Towing met the RFP provisions; while Cortes was informed it failed to meet the requirement." This is incorrect. Cortes Towing states they have one vehicle with a 35,000 GVWR. This vehicle is an International 4300. The CHP-234B form submitted with the RFP package has 35,000 typed into the GVWR box. This 35,000 is scratched out and 30,000 is written in the block. The writing appears similar the writing of the CHP inspector's notes on the form. The 10 Recommendation of Tow Contractors August 30, 2011 accompanying form lists this same vehicle as 26,000 GVWR. Therefore, there is a discrepancy with the claimed GVWR of this vehicle. In comparison, Tom Moynahan Towing has a Peterbilt with a GVWR of 35,000 and a Kenworth landoll with a GVWR of 80,000 lbs. The large tow vehicles belonging to Cortes Towing and Tom Moynahan Towing are not substantially similar, as Mr. Solenberger states. CONCLUSION AS TO OBJECTIONS The objections raised by the other proposed contractors do not validly change the Committee's recommendations as to the top two contractors or the prior ranking of RFP proposals. NEXT STEPS Attachment 3 proposes tow rates for the 2011 Tow and Impound Contracts. Committee representatives met with authorized representatives from the top two recommended contractors to determine fair, equitable, and consistent tow rates which would be applied to all tows for both contractors during the proposed contract period. If the City Council approves the recommended contractors, staff will return at the next City Council meeting with contracts for Council consideration. 11 Recommendation of Tow Contractors August 30, 2011 RODNEY L. SOLENBERGER, L.L.M. Law Offices 10328 Caminito Surabaya San Diego, CA 92131-1635 Tel: (858) 578-1717 Fax: (858) 578-1717 August 23, 2011 Ms. Debra Lunt Purchasing Agent City of National City Finance Department/Purchasing Division 1243 National City Blvd. National City, CA 91950 BY E-MAIL AND FACSIMILE RE: American Towing & Auto Dismantling, Inc. Comments Regarding Intent to Award Contract under RFP #GS 1011-4 Dear Ms. Lunt: On behalf of American Towing and Auto Dismantling, Inc. ("American Towing") I submit the following observations regarding the recommendations by the tow evaluation committee of the City of National City ("City") of a new contract for towing services under the above -referenced RFP. These observations are intended to raise issues that the tow evaluation committee may have inadvertently overlooked or were unaware existed. The observations are submitted as part of the procedure encouraged by the City Council at its August 16, 2011 meeting. RFP Selection Process Must Be Fair American Towing appreciates, recognizes, and acknowledges that the City reserved the right to waive any irregularities or informalities in the RFP process. However, such a reservation does not and cannot mean that the City may act arbitrarily, abuse its discretion, or fail to comply with procedures. Unfortunately, as revealed over the past ten days and particularly at the City Council Meeting on August 16, 2011, if the City Council approves the City's tow evaluation committee's recommendation, the City will act arbitrarily, abuse its discretion, and fail to comply with the procedures set forth in the RFP. Material changes to the selection process and the admitted bias of at least one member of the City's tow evaluation committee compel the conclusion that the process applied by the City was unfair to all bidders in general and American Towing in particular. Ms. Debra Lunt August 23, 2011 Page 2 of 5 Sergeant Fabinski's Declared Bias Demonstrates the RFP Selection Process. Was Unfair Unfortunately, as in 2006, the City has chosen to materially change the focus of the selection process as set forth in the RFP. In contrast to the RFP process in 2006, the initial RFP issued May19, 2011, made no reference to on -site or pre -award inspections. That RFP expressly stated at page 7, paragraph N. EVALUATION that "[t}he City Committee will review the Technical Specification, Specific Provisions and Price Proposal." The next paragraph notifies Bidding Contractors that they "may be required to make individual presentations to the Purchasing Agent and/or the NCPD Traffic Division Sergeant, or its designated representatives, in order to clarify their proposals." (emphasis added). Only with the issuance of "Addendum #2" dated June 30, 2011 (five days prior to the deadline for submission of proposals) for the first time was the City's intention clearly set forth to conduct pre -award inspections that were "anticipated" to be "conducted in July 2011." As in 2006, once again City employees unilaterally changed the focus of the evaluation process with only limited notice that the primary focus of the evaluation process would be on -site inspections. As problematical as the change in emphasis to on -site inspections was in 2006, the situation is more egregious this time. This is because of the active involvement of Sergeant Fabinski in the process. At Tuesday's City Council meeting, in comparing bidders who had not previously provided services to the City to a child's new toy purchase and subsequent disappointment, Sergeant Fabinski clearly indicated the unfairness of the selection process. We anticipate that an attempt to minimize Sergeant Fabinski's statements will be based as being the opinion of only one member of the tow evaluation committee. However, Sergeant Fabinski's crucial role as the only committee member performing on -site inspections of bidders' facilities and equipment cannot be minimized. A review of the evaluation forms raises serious questions as to the accuracy and completeness of the evaluation. It can only be concluded that such a selective compilation of data would and did impair the full committee's evaluation and decision -making process. There is no justifiable reason for National City to create and erect barriers to providing services. This cannot be in the best interests of the City or its citizens. Yet, this is precisely what the City staff has done by their recommendation. City Council approval of the recommendation sets a standard by which no provider who has not previously provided services can hope to be selected no matter how qualified. Is the City so inclined to forget recent history that resulted in a provider who had continuously been awarded contracts being terminated for providing deficient services? Staff Consideration Limited to Only Currently In Use Facilities and Equipment Is Unfair Other than to disqualify otherwise qualified bidders or to unfairly prefer bidders who currently provide services to the City, there is no rationale for requiring bidders to currently possess equipment and facilities to be awarded a contract. Such a requirement imposes an economic burden with only a minimal possibility that there will be a corresponding benefit. At least in the case of American Towing's purported disqualification, the required equipment and facility upgrade could be addressed in the final contract. In addition, there is substantial evidence that this nonsensical 1 3 Ms. Debra Lunt August 23, 2011 Page 3 of 5 requirement was inconsistently applied. In the letter dated August 11, 2011, the City informed American Towing that it did not meet all of the RFP requirements. As stated in that letter: Specifically, Section III.E, page 15 of the RFP requires equipment capable of sub -garage towing or towing from off road areas. Additionally, per Section II, D page 14 of RFP (sic) requires an alarm system and intrusion sensor or similar devices as security measures. It is important to note that the express terms of the RFP and the letter informing American Towing that it did not meet the RFP requirements use the language "equipment capable of' providing services. Concededly, this requirement is contained in Paragraph E at page 15, which is entitled "TRUCKS." However the first paragraph refers only to "equipment" while the next two paragraphs expressly use the term, "tow trucks." The irrefutable fact is that American Towing possessed "equipment" capable of providing towing in underground garages and from off road areas. In its response at page 5, American Towing stated: While extremely familiar with the environs and features of National City, American Towing is uncertain as to the rationale for requiring off road towing capability National City acknowledges that there are "minimal off road type areas" and standard type tow truck vehicles "have been able to tow from all areas within" National City. Moreover, American Towing has demonstrated ability to recover vehicles from off pavement areas throughout San Diego County using its existing fleet in connection with services provided to the United States Border Patrol. Similarly, American Towing believes (and National City again acknowledges) that there are limited underground garage facilities within the city limits of National City. American Towing presently has the capability of recovering vehicles from underground garages by using Go Jacks®. This equipment permits the rapid, safe recovery of otherwise immobile vehicles by a single tow truck driver as would serve as a substantial equivalent. Finally, American Towing has initiated inquiries to purchase a vehicle with winch capabilities that will enable towing of vehicles from off road areas and underground garages. While the inquires have not concluded in the purchase of equipment prior to the due date for this proposal response, American Towing will commit to purchasing such equipment, and agrees to including a provision expressly requiring such equipment in the final service contract if the Corporation is a successful bidder. Accordingly, based upon the availability of 14 Ms. Debra Lunt August 23, 2011 Page 4 of 5 functionally equivalent equipment, American Towing proposes an exception as provided for in the RFP. During the inspection of American Towing's facility, the City did not seek a demonstration of the Go Jacks® equipment or inquire further regarding the company's experience in recovering vehicles for the United States Border Patrol. In addition, no explanation has been provided as to why including the purchase of equipment as a specific requirement of the contract is unacceptable. American Towing's treatment is vividly contrasted by the evaluation of the same requirement for Tom Moynahan Towing. For that company Sergeant Fabrinski's evaluation is largely illegible with respect to an off road towing vehicle. While Sergeant Fabrinski's Tow RFP Site Visit sheet notes that 1 sub -garage vehicle is available, with respect to an off road capable truck, the sheet notes "MOP/[illegible] CAT (put on rollback)." It appears that Tom Moynahan Towing purportedly intends to meet the RFP by placing a CAT vehicle on a rollback towing vehicle to meet the off road towing specification. Why use of alternate equipment is satisfactory in the instance of off road towing for one bidder, but not for underground towing by another bidder is not explained. In short City staff on the one hand took an unduly restrictive interpretation of the RFP requirement, and on the other an unduly expansive interpretation. This results in discrimination against a company that possessed equipment capable of providing the services in favor of another company in the same situation, but that preferred company is permitted to substitute alternate equipment. This cannot be the result that the City desires. Combined with Sergeant Fabrinski's bias toward companies that have previously provided services, the currently owned equipment requirement imposes an undue economic burden. In short the City is requiring bidders to make large capital outlays in the hope of the being recommended as an acceptable bidder. This is vividly demonstrated in American Towing's case, which made inquiries prior to submitting its bid response as to the cost of a vehicle capable of meeting the underground and off road towing requirement. In essence the purchase of two vehicles is required at the cost of $25,000 to $30,000. There is little reason to incur such a cost for a very contingent benefit that is further speculative because of the disparate treatment given to similarly situated bidders. Similar considerations are present with respect to the City's requirement that the storage yard have alarms and intrusion sensors. Once again, Sergeant Fabrinski's evaluation fails to note that American Towing has never had a break in at the storage yard, and the security procedures currently in place are acceptable to the other govemmental entities under those entity's respective contracts. Moreover, American Towing does have security cameras in place which would require an upgrade to be motion activated. Such motion activated cameras were deemed acceptable in the case of Tom Moyhahan Towing. Once again the cost of an upgrade of approximately $5,000 along with an additional monthly fee resulting in an additional outlay of $3,600 per year, which would only be necessary for performance under the National City contract, cannot be economically justified in light of the discriminatory selection process and substantial uncertainty of receiving the benefit of a contract award. 15 Ms. Debra Lunt August 23, 2011 Page 5 of 5 Inconsistent Application of RFP Provisions In addition to those circumstances discussed above, based upon a limited investigation, American Towing believes there is ample evidence that the tow evaluation committee inconsistently applied the RFP provisions. Another example is the capability to tow large oversized vehicles. It appears that both Cortes Towing and Tom Moynahan Towing have substantially similar vehicles, but that neither meets CHP specifications for oversized vehicle towing. Nevertheless, the tow evaluation committee determined that Tom Moynahan Towing met the RFP provision; while Cortes was informed it failed to meet the requirement. As yet another example, Angelo's Towing at the City Council meeting proposed to substitute an uninspected storage yard for evidentiary inspection purposes. The only fair conclusion is that the bids as submitted did not meet the RFP's requirement. Nevertheless, these two failed bidders are part of the tow evaluation committee's recommended three companies. American Towing regrets the necessity for raising these discrepancies in the tow evaluation committee's recommendation regarding award of the towing services contract. However, in fairness to all companies interested in providing the services,and more importantly, to assure that the needs of the City are met, such a protest has become necessary. We look forward to receiving a response to our concerns. Sincerely yours, Rodney Y!. Solenberger E-mail: rlso€fice@sbeglobal.net RLS Enclosure cc: Rudy Mercado NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: August 30, 2011 TO: City Council FROM: Tow Contract Committee SUBJECT: Proposed Tow Rates for the 2011 Tow and Impound Contract In the Request for Proposal ("RFP") #GS1011-4 related to the proposed 2011 towing and impound contract for the City of National City, the RFP required each potential contractor to include their proposed towing fees on Attachment A, the Towing Fee Schedule. National City's current tow contract expires on September 30, 2011. To help ensure timelines are met, on August 30, 2011, Sergeant Fabinski and Armando Vergara met with authorized representatives from Tom Moynahan Towing and Storage and Road One Towing to discuss their proposed tow rates. The negotiations were necessary to determine fair, equitable, and consistent tow rates, which would be applied to all tows for both contractors in the pertinent contract period. The authorized representative for Tom Moynahan Towing and Storage was Tom Moynahan. The authorized representative for Road One Towing was Marcos Lopez. The tow rates submitted by each tow contractor are set forth in the first two columns in the chart below. The tow rates were then averaged between both proposed rates and rounded to the five dollar increment and are reflected in the third column. Both tow contractors agreed to the averaged tow rates. The San Diego area California Highway Patrol (CHP) prevailing (average) tow rates are also provided for comparison in the fourth column. These are the rates the CHP considers as fair and proper tow rates for the San Diego area. The proposed National City tow rates are substantially less than the CHP prevailing tow rates. The rates in the third column will therefore be the established tow rates for the term of the proposed tow and impound contract. SERVICE TOWING FEE SCHEDULE Moynahan Towing Road One Towing Agreed Tow CHP-SD Proposed Proposed Rate (average) Rate • BASIC TOWING $180 $135 $160 $202.08 • MEDIUM SIZE - BASIC TOWING VEHICLES OVER 9,500 GVW BUT LESS THAN 22,000 GVW (UNLOADED). • LARGE SIZE - BASIC TOWING VEHICLES OVER 22,000 GVW (UNLOADED). $215 $250 $150 $200 $185 $216.90 $225 $269.20 • ON -SCENE OR STAND-BY LABOR = EACH 15-MINUTE INCREMENT, $50 $30 $40 N/A BEYOND FIRST HOUR. • DOLLIES WILL ONLY BE USED WHEN THERE IS NOT A $55 $50 $55 N/A LESS EXPENSIVE, SAFE MANNER OF HANDLING THE SITUATION. • 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 N/C $50 N/A • PER MILE TOWING APPLIES ONLY TO VEHICLES RECOVERED OUTSIDE THE JURISDICTION OF THE CITY OF NATIONAL CITY. $5 $5 $5 N/A • MAXIMUM STORAGE - PER DAY Per day is $42 defined as a 24-hour period. $35 $40 $49.17 • STORAGE PER HOUR Up to maximum of $20.00 per $20 day, to be reviewed annually. $5 $15 N/A • AFTER HOURS VEHICLE RELEASE After 5PM and before 8AM including weekends and all holidays. $65 $65 $65 N/A • NOTIFICATION OF LIEN SALE Vehicle valued of less than $4.000, (22851.12 $70 CVC). $70 $70 N/A • NOTIFICATION OF LIEN SALE Vehicle valued at over $4,000. (22851.12 CVC). $100 $100 $100 N/A • POLICE EQUIPMENT TOWING Inside jurisdictional limits of National No Charge City. • CITY EQUIPMENT TOWING Includes all City vehicles. Also includes police vehicles towed from outside jurisdictional limits of National City. 25%=$40 CITY ADMINISTRATION • NEGLIGENT VEHICLE IMPOUND RELEASE FEE $124.0.0 • SERIOUS TRAFFIC OFFENDER PROGRAM FEE $150.00 ,QD CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2011 AGENDA ITEM NO. 33 'EM TITLE: Request from California State Senator Juan Vargas, on behalf of California State Controller John Chiang, to use the Martin Luther King Jr. Community Center (North Room) for a Small Business Tax Seminar on Thursday, September 15, 2011, from 8:00 am to 2:00 pm for approximately 250 attendees. Applicant is requesting a fee waiver. PREPARED BY: Joe Smith DEPARTMENT: Public Works PHONE: 336-4587 APPROVED BY: EXPLANATION: Juan Vargas, Senator for the 40th District for the State of California, is requesting the use of the Martin Luther King Jr. Community Center on behalf of California State Controller John Chiang. Mr. Chiang would like to host a Small Business Tax Seminar for approximately 250 participants to learn about the new tax laws and discuss how to grow their businesses in today's economy. This will be a free event and is meant solely for the public good. Because of this the applicant is requesting a waiver of all fees. This request is consistent with Policy 803 governing the use of this facility. A worksheet was used to calculate the fees for this event which are: Facility Rental $422.16 Use Fee $ 50.00 Set Up/Clean Up $132.00 Chairs $195.00 Dles $ 3.00 $802.16 FINANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Authorize use as stated above. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: 'licant's Letter dated August 2, 2011 ility Use Application and insurance document CAPITOL OFFICE STATE CAPITOL SACRAMENTO. CA 95814 TEL 1916!651-4040 FAX (916)327-3522 al STRICT OFFICE 333 H STREET. SUITE 2030 CHULA VISTA. CA 91910 TEL [619! 400.7600 FAX 1619! 409.768E wggefTE W W W.SENATE.CA.GOV/VA RGAS August 2, 2011 Director Joe Smith Public Works Department 2100 HO6\er Avenue National City, CA 91950 Dear Mr. Smith, SENATOR JUAN VARGAS FORTIETH SENATE DISTRICT COltIAITTEES BANKING- & FINANCIAL INSTITUTIONS CHAIR AGRICULTURE BUSINESS. PROFESSIONS & ECONOMIC DEVELOPMENT EDUCATION PUBLIC EMPLOYMENT B RETIREMENT JOINT RULES Thank you for your leadership as the Diteetor of Public Works during these tough fiscal times. On September 15, 2011 (from 8:oo am to 2 pm), State Controller John Chiang plans to host a free 'Small Business Tax Seminar' in National City for the public. Assemblymember Hueso, the National City Chamber of Commerce, Mayor Ron Morrison and I are all partners in putting together this event for the local community. We anticipate approximately 25o participants will attend to learn about changing tax laws and to ask how to grow their businesses in this economy. We are requesting a waiver of fees because this event is meant solely for the public good. Thank you for your time and please feel free to contact me at any time about this, or any other issue, at (619) 409-7690. Sincerely, JUAN VARGAS State Senator 40th District �6i 9 409 7688 02:18:64 p.m. 08-02201 t 2t9 RECEIVED 2011 fi'JG - 2 P 2: 31 14- R; c�:tEsa�3a;� I rt) UBLIG 'is OR SCi6yafNationa1 City Facility Use Application Rev.6/28/1 I 2100 Hoover Avenue National City, CA 91950 (619)336-4580 Fax (619)336-4594 After hours dispatch: (619)336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of City Facility attend the City Council meeting when the item is scheduled for consideration in order to answer any questions from the City Council. Facility Requested: please circle ---------Ma*'n Luthei i�itig ter. nu'llding— South Room Entire Facility Date(s) of Use: Seth-emberSeth-ember i `1 42 0 i I Day(s) of Use: Z 1 Time of Use: From: j M To: 2- - INCLUDE SET-UP & CLEANUP TIME Type of Function/Activity: BUbliC ill is the event open to the public?ittetJ. /i ty Name & Address of Organization/Group: PiwilOfi2I ei Cfat1 efmere ptiat4 Cr .�ztfC CI•lo 44 r (!a a 33M 5fi ec t. D qJ Non- profit organization: Yes No ax !D # Anticipated Maximum Attendance: A- v Percentage of National City Residents Will Admission be charged? � /4,6 Amount $ H14 Will this be a Fund Raising Event? /1 d Equipment Requested: 1Yot (chairs a / 2 Podium/Microphone �17�JGrM tar Audio & Visual Equipment Required? (Please Specify) Use of Kitchen: Yes !( Na Use of Gas for Range and Oven: Yes !� No Is the Use of Alcohol Requested? NV Will other paid services be used (I. e, commercial caterer, DJ, Band, et:.)? Yes X No S 3 # of banquet tables Stage 1 **PLEASE MACH SEATING DIAGRAM Name: Name: 110q MO Phone: Phone: 8j1� �11 Q' 9_ "'"':. (mo•4,1631,0 SCC SU assto IJ yp619 409 7688 0219.18 p.rn. 08-02 2011 3 /9 flow many times in the last twelve months have you requested to use a City Facility? 6 It is expressly understood and agreed that the applicant assu:nes all risk for loss, damage, Liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/of Community Services Department. The applicant further agrees that in considerations of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. 1, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abtde all Ci yt—o-fPiational-City-ordinancesand facility -rules -and -polities, -and -be representative of the user organizations. Further, 1 agree to be personally responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Application recognizes and width -rands that usa of theCity's facility may mate a possessory interest subject to property taxation and that applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all pmpetty taxes, Reny assessed during the use of the City's facility pursuant to sections 107 and 107.6 of the revenue and taxation code against applioant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR KY ORGANIZATION/ GROUP TO CONFORM TO ALL OF ITS PROVISION. DATE COMPLETED: ° Ott PRINT NAME: J SIGNATURE: 1.;2Oi1 Aliff Rf 4 �fj ADDRESS OF APPL CANT: n� 1 #y /Sj t Q' '^ CITY, STATE, AND ZIP CODE C�Iv y r S 1 . (Ji t - I PHONE: DAY 6I 1 ~ o FAX NUMBER: t,i't F ° 1 r (9 CONTACT PERSON ON THE DAY OF THE EVENT: Atita4 +' f { tJ "M PHONE: c, 1 1 w CELL: en 241 `7-tf'Ce't HAVE YOUR COPY OF APPLICATION IN POSSESION DURING USE Please type or print clearly with a Ballpoint pen. Complete application must be submitted and payment submitted in advanced of the event. PubtiewuacsStat Only- genetmoadReiv 4: ReccitxNumber; Deposit Amount: Depositf Key Returned: Check Key issued: YES 14O im619 409 7688 02:19:45 p.m. 08-02-2011 4t9 Safety/ Security Please describe your procedures for crowd control and internal security: i vue will hate a chew-rn f dis eitsore 1-ltiI-a+1 ffefre 5 hww.e pemously S j e rs varied-- s, te of -pc dtra4 petrflarti 1 d4 5- i 444 14/6fCam:�Cwtflems) YES y 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: mi619 409 7688 022125 p.m. 08.02-2011 6/9 oR CERIVICRTE OF LIABILITY INSURANCE -meows,' Wateridga IF:E:irance Service* 10717 Sorrento V211ey Pd. San Diego Phone:850-•452-2200 Fax:858-4522-6004 110UREO National City Eof car a row Nileiiof CCBoaoeTr�t�c aor. NA ions/ CityccAA 910 vard Dosper>m'TTT) =MANI1 09/23110 THIS ONLY AND c01{WERS Noun GH UPONTTER OF INFORMATION THE CERNRCATE HOLOER.THL5 CERTIFICATE DOES NOT AMEND. EXTENDOR ALTER THE COVERAGE AFFORDED BY THE POLRNES BELOW. INSURERS AFFORDING COVERAGE HSURE%N A.nem C..p.ny or Astoria* PRIURERSt FIRMER sISVRER Ramat F gR[C B 1930E COVERAGESPaxvPryyDEaTIcaTEa.NOTYtT IIBT 7'IiE POLICE5 OF NSURARC€ (*FEU Sams eyil1SBUEOTO THE SOURED MAWR ABOVE YQm`..Q1TfSSC COicCAIENAvtlEISSUF*OR AAtY REOOSii1HE EAFFO DYTTIE lF.'%t SOFSCRIECOtERFAI is Mims TO ILITIETERMS.ExtW=0Ra Neo CONolvost OF 51PH POWER.MAY ApBFEOA`ht==RATE'l F-3 ,� RAORRFE TE IOALSMOM/AY WM WENAEOUCED SY PAO CLAIM OWROINA,UMMX 62 oao 000 09/22/11.' PP,Ek95EA "' s2 000 000810 000 masa Actenumc s 4 006 000 " mow=.ca+PNPA6o 1-4""6607000--- Atn e!UACUTT µYJlAO ALL OPWEOAUpOS SCNE-OULEONJTOS llREOAUTOS NONOYMEO AUTOS ExcesserasRELIA LMBa11Y Oc01Rl ❑*.ems wet � I NEarcneLe 111111 REFFMION SI WAXERS °MA MMON ARO eMMAYP7IYEO�A=/IT�TT� /1111111111PWIIIIIPIIIIIIIIIIIIIIIII. SEtiat M�s1.6, acar1IOH*MAXIM:OVEwCLE$V M ISPficiAL PT 10-DAYS NOTICE 01 CfELATI von NOD1-PY81or r60214 RH2-2,7 or takTONM crrl, ITS OFiICAr,s,BOARDS,=MAISSIONS, E1tPLOREEs, CONTRACTORS, AS THEIR RESPECTIVE INTERESTS MAT APPEAR ABE I6ADDITIONAL 9. RE! NAA INSURED IT/RESPECT TO GENERAL I+IAHILITY•PER ATTACHED C32012INSURED'S SIGNS LOOMED IR TEE CITY LIMITS OF NATIONALTIC ME) CERTIFICATEHOROSRTION anyoFTHEmove encamp p sSECMICEI Ed BEFORE THE EXAM warTHERsonswessusasssupstRO you_ m'' 20* Dsysvossm ROWE oossTaoTNECERotoot NOLOE7!WJ O Titevisunka>RA ta'DR 1ypOCENGpN{•J8A71LVwI�'fDNbli• PAS30912516 PAS38912510 og/22/10 09/2240 09/22/11 s1,000,000 CITY OF NATIONAL cII'Y NATIONAL CITY CA 2 BLVD.ra ACORD 26 (2007WS) NAT1002 E ACORO CORPORATION toe ist519 409 7688 6221:02 p.m. Q8 O2-2011 7 iJ ar+Np Eb It3S EU SCHSD R€AD8 RS EOLT.OTi3: NATIONAL CITY CHAMBER OF COMMA= MILE OF CARS ASSOCIATION Gte??sr;, .... wee 409 T688 02:21:18 pm. 0802-2011 8!9 Section II — Who Is An Insured Is amended to in- clude as an insured any state or goVertrnentat agency or subdivision or political subdivisioi shown In the Schedule, subject to the following pros: 1. This Insurance applies only with respect to opera- tions performed by you or on your behalf for With the state or governmental agency or subdivision or political subdiifiSion has issued a permit or au- thorization. MISSAL CITY CHARM Ur COMERCg POUCYNUMBER; YAS38912516 CG COMM RCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governments! Agency Or Subdivision Or Pojticai Subdivision: AS REQUESTED BY WRITTEN £ n.kC • Inforrmatiat required to complete this Schedule, if not shown above, wX beshown in the !rations. 2. This insurance does not 8ApIY to: a. "Bodily irk', "property damage' or "personal Ufa mimed �f he federal government, ng out or �teeor nxrrdcipailtY; or b. "Bodily intLY' of "property damage included within the "products -completed operations hazard". CG 2012 05 09 ® Insurance Services. Office, Inc.. 2006 P^ogel.oft ❑ pg619 409 7688 t J 2-Fr311 12:38 FR0t": miteMOPPIO PUBLIC P AND /ND Person requesting use of City minimum of$1,000,000 com dams which include the city, irisur sd And to sign the hold stitched to this permit. Orgmn: Posen it charge of acthity: Address: 3 ;3 4k Tete: -City Facilities en6! or papery Datt(s) of nw: SetVeim ULOLD Asa contlidon of the issuance On pubes Or private pmpettiy, hold hannkti tnc City 6f against any and tit eia m , injury, death, or property attorneys fees and tM costa or property or the amity taken contractors. 02:21:40 pm. 0842-2011 9 r9 TO:1604097E0S P.2/2 113204eJe. 1 tMOSOM OF N ;TIONAL CITY PERTY USE TIOir . Wades es petrfit :l n e regeatud is prtt<rila single Umb insurance for bodily officials, ,gents and employees named as addftional less +:OVVACti. Certificate ate of insimatoe Mgt be mMfict /i-190166 _0 . Se. a olgvim Vt fjk (P�Q" `7� �..� &ail: _awat.aije 5 'M 1410r14 War Certificate of tusurance Apptav AGIMMINT as ary t poohto and undersigned y egg( ) to defend, Westin* City and iu ornorthamployees and agents front and its„ losses, liability es damages far any pasonsd or both. oranylitigation awl caUsriiab#Ut;.indudins out or Meted to the lase of public the permit by the permit t r mans, employeesor t t7�Rc i :1:ic t /i rto Lo by resaertsi' j d rig i Name end TkkE III Martin Luther King Community Center 140 E. 1 2th Street National City, Ca. 91950 Set up: Organization: Date: Sever IS1©tt Times: AM a v1r,.� tie,, C..) Exit Exit Exit lay 2 Double front Doors 15 Exit Exit Exit FUP FEE WORKSHEET (MLK, RECS, KSC!CASA, NUTRITION) EventlGroup Name: Sen. Juan Vargas Resident? 50% Date(s) Rgst'd: 9/15/2011 ((Thursday) Facility: MLK Time of Event: 8 a.m. to 2 p.m. #Hours: 6 # People: 250 Frequency: One Time: X ShortTerm: 1 On -Going: Council Date: 9/6/11 at 6:00pm in Council Chambers at City Hall RENTAL RATES Hourly Rates Total MLK (for dining) People South North Entire Qtv Charge Notes 0-73 $23.45. n/a n/a $0.00 73-149 n/a $70.36 nla $0.00 150-221 n/a $87.97 n/a $0.00 299-294 n/a n/a $117.26 $0.00 MLK (dance/assembly) 0-100 $23.45 n/a n/a $0.00 101-157 $29.32 n/a n/a $0.00 158-300 n/a $70.36 n/a 6 $422.16 301-472 n/a $87.95 n/a $0.00 472-630 . n/a n/a $117.26. $0.00 $0.00 Rec. Centers & Casa varies - - $23.45 Kimball Senior Center 0-149 - - $70.36 $0.00 150-221 - - $87.97 $0.00 Service Clubs Only $100.00 per month Months: $0.00 KITCHEN ($50 min) $10.00 per hour Hours: $0.00 FAC/BLDG USE FEE $50.00 1 $50.00 CUSTODIAL (Dep/PV Rate Duration $22/hr reg, or $35/hr OT $22.00 $0.00 Setup/Cleanup time $22/hr reg, or $35/hr OT $22.00 6 $132.00 1-100(2hr), 101-157(4hr), 158-300(6hr), 301-472(8hr), 473-630(10h0 CSD STAFF(DeplCSD) $11.00 per hour Hours: $0.00 EQUIP: chairs: $0.75 . each Qty: 260 $195.00 tables: $1.00 each Qty: 3 $3.00 TOTAL FEES $802.16 DEPOSITS Kitchen: $60.00 Refundable $0.00 Cleaning $100.00 Refundable 1 $100.00. Key Deposit $100.00 Refundable $0.00 Total Deposits: $100.00 ACCOUNTING: $472.16 001-22000-3634 $132.00 626-422-223-102 $198.00 626-00000-3634 $802.16 Fees/Council Date reviewed/confirmed with: Date: Note: MIS for projector, screen, cables for PowerPoint presentation. Microphones. Stage: Podium and microphone on left side, set up 2 8-ft tables with 3 chairs each. Main Corridor. 8-ft table with 2 chairs for sign in Set' up 250 chairs theater style with aisle in middle CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2011 AGENDA ITEM NO. 34 'EM TITLE: City Council Review of League of California Cities 2011 Annual Conference Resolutions PREPARED BY: Leslie Deese, Asst. City Manager DEPARTMENT: City Manager PHONE: 336-4240 APPROVED BY: EXPLANATION: See attached Staff Report FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: The League encourages City Councils to consider the Resolutions and determine a City position so their voting delegate(s) can represent their position during the conference and/or provide a report back to Council on action taken by the League on the Resolutions. If there is any particular direction that the Council would like to provide, direction tonight would be appropriate. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. League of California Cities' 2011 Annual Conference Resolutions Packet City Council Review of League of California Cities 2011 Annual Conference Resolutions This year's League of California Cities Annual Conference will be held September 21-23 in San Francisco. Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities and the League is through the League's eight standing policy committee and the board of directors. The process allows for timely consideration of issues in a changing environment and assures city officials the opportunity to both initiate and influence policy decisions. At the Annual Conference, the League will consider six resolutions, the details of which are provided in the attached information packet: 1) Resolution Supporting Alternative Methods of Meeting Public Notice Requirements and to Advocate for Revisions to the Government Code Recognizing Alternative Methods as a Means to Meet Noticing Requirements 2) Resolution Relating to Tort Reform 3) Resolution Related to Raising Public Awareness about the Imminent Health and Safety Concerns for Bullied Children 4) Resolution Supporting the Prison Rape Elimination Act of 2003 5) Resolution Calling for the Replacement of the Death Penalty with the Sentence of Life Imprisonment without the Possibility of Parole 6) Resolution in Honor of the City of Bell The City Council voted on July 19, 2011 to appoint Mayor Ron Morrison as the voting delegate and Councilmember Mona Rios as the alternate delegate to represent National City at the 2011 League Annual Conference business meeting. The meeting will be held at 2:30 p.m. on Friday, September 23, at the Moscone West Convention Center in Room 3000. The League encourages city councils to consider the resolutions and determine a city position so their voting delegate(s) can represent its position during the conference and / or provide a report back to Council on action taken by the League on the resolutions. If there is any particular direction that the Council would like to provide, direction tonight would be appropriate. Some Councils just allow their voting delegates to "vote your conscience" since the measures tend to get modified during the policy committee process. Others like to provide specific direction to vote for or against a particular resolution. There is no requirement that the Council discuss each issue. RECEIVED AUG 1 5 2011 1400 K STREET SACRAMENTO, CA 95814 i n: (916) 658-8200 Fx:(916) 658-8240 �LEAGU(E CITIES \VWW.CAC] IES.ORG August 9, 2011 TO: Mayors, City Managers and City Clerks League Board of Directors General Resolutions Committee Members Members, League Policy Committees to Which Resolutions Are Referred RE: Annual Conference Resolutions Packet Notice of League Annual Meeting Enclosed please find the 2011 Annual Conference Resolutions Packet. Annual Conference in San Francisco. This year's League Annual Conference will be held September 21 — 23 at the Moscone West Convention Center in San Francisco. The conference announcement has previously been sent to all cities and we hope that you and your colleagues will be able to join us. More information about the conference is available on the League's Web site at www.cacities.org/ac. We look forward to welcoming city officials to the conference. Annual Business Meeting - Friday, September 23, 2:30 p.m. The League's Annual Business Meeting will he held at the Moscone West Convention Center in Room 3000. Resolutions Packet. At the Annual Conference, the League will consider the six resolutions introduced by the deadline, Saturday, July 23, 2011, midnight. These resolutions are included in this packet. We request that you distribute this packet to your city council. We encourage each city council to consider the resolutions and to determine a city position so that your voting delegate can represent your city's position on each resolution. A copy of the resolutions packet is posted on the League's website for your convenience: www.cacitics.org/resolutions. The resolutions packet contains additional information related to consideration of the resolutions at the Annual Conference. This includes the date, time and location of the meetings at which resolutions will be considered. Voting Delegates. Each city council is encouraged to designate a voting delegate and two alternates to represent their city at the Annual Business Meeting. A letter asking city councils to designate their voting delegate and two alternates has already been sent to each city. Copies of the letter, voting delegate form, and additional information are also available at: www.cacities.org/resolutions. Please Bring This Packet to the Annual Conference September 21 - 23 — San Francisco I. INFORMATION AND PROCEDURES RESOLUTIONS CONTAINED IN THIS PACKET: The League bylaws provide that resolutions shall be referred by the president to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be considered by the General Resolutions Committee at the Annual Conference. This year, five resolutions have been introduced for consideration by the Annual Conference and referred to the League policy committees. One resolution has been introduced that will go directly to the General Assembly at the League's Annual Business Meeting per the League bylaws. POLICY COMMITTEES: Two policy committees will meet at the Annual Conference to consider and take action on resolutions referred to them. The committees are Administrative Services and Public Safety. These committees will meet on Wednesday, September 21, 2011, at the Moscone West Convention Center in San Francisco. Please see page iii for the policy committee meeting schedule. The sponsors of the resolutions have been notified of the time and location of the meetings. Two other policy committees will also be meeting: Revenue and Taxation and Employee Relations. No resolutions have been referred to these two committees. Four policy committees will not be meeting at the annual conference. These committees are: Community Services; Environmental Quality; Housing, Community & Economic Development; and Transportation, Communication, & Public Works. GENERAL RESOLUTIONS COMMITTEE: This committee will meet at 4:00 p.m. on Thursday, September 22, at the Moscone West Convention Center, to consider the reports of the two policy committees regarding the five resolutions. This committee includes one representative from each of the League's regional divisions, functional departments and standing policy committees, as well as other individuals appointed by the League president. Please check in at the registration desk for room location. ANNUAL BUSINESS MEETING/GENERAL ASSEMBLY: This meeting will be held at 2:30 p.m. on Friday, September 23, at the Moscone West Convention Center, Room 3000. PETITIONED RESOLUTIONS: For those issues that develop after the normal 60-day deadline, a resolution may be introduced at the Annual Conference with a petition signed by designated voting delegates of 10 percent of all member cities (48 valid signatures required) and presented to the Voting Delegates Desk at least 24 hours prior to the time set for convening the Annual Business Session of the General Assembly. This year. that deadline is 2:30 p.m., Thursday, September 22. If the petitioned resolution is substantially similar in substance to a resolution already under consideration, the petitioned resolution may be disqualified by the General Resolutions Committee. Resolutions can be viewed on the League's Web site: www.cacities.org/resolutions. Any questions concerning the resolutions procedures may be directed to Meg Desmond at the League office: mdesmond@cacities.org or (916) 658-8224. II. GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities and the League is through the League's eight standing policy committees and the board of directors. The process allows for timely consideration of issues in a changing environment and assures city officials the opportunity to both initiate and influence policy decisions. Annual conference resolutions constitute an additional way to develop League policy. Resolutions should adhere to the following criteria. Guidelines for Annual Conference Resolutions 1. Only issues that have a direct bearing on municipal affairs should be considered or adopted at the Annual Conference. 2. The issue is not of a purely local or regional concern. 3. The recommended policy should not simply restate existing League policy. 4. The resolution should be directed at achieving one of the following objectives: (a) Focus public or media attention on an issue of major importance to cities. (b) Establish a new direction for League policy by establishing general principals around which more detailed policies may be developed by policy committees and the Board of Directors. (c) Consider important issues not adequately addressed by the policy committees and Board of Directors. (d) Amend the League bylaws (requires 2/3 vote at General Assembly). ii HI. LOCATION OF MEETINGS Policy Committee Meetings Wednesday, September 21, 2011 Moscone West Convention Center, San Francisco Fourth & Howard Street POLICY COMMITTEES MEETING AT ANNUAL CONFERENCE TO DISCUSS AN ANNUAL CONFERENCE RESOLUTION 9:00 a.m. —10:30 a.m. Public Safety 11:00 a.m. —12:30 p.m. Administrative Services POLICY COMMITTEE MEETINGS AT ANNUAL CONFERENCE TO DISCUSS OTHER ISSUES 9:00 a.m. — 10:30 a.m. Employee Relations 11:00 a.m. —12:30 p.m. Revenue & Taxation Note: These policy committees will NOT meet at the Annual Conference: Community Services Environmental Quality Housing, Community & Economic Development Transportation, Communication & Public Works General Resolutions Committee Thursday, September 22, 2011, 4:00 p.m. Moscone West Convention Center Annual Business Meeting and General Assembly Friday, September 23, 2011, 2:30 p.m. Moscone West Convention Center, Room 3000 iii IV. KEY TO ACTIONS TAKEN ON RESOLUTIONS Resolutions have been grouped by policy committees to which they have been assigned. Number Key Word Index 1 Reviewing Body Action 2 3 1 - Policy Committee Recommendation to General Resolutions Committee 2 - General Resolutions Committee 3 - General Assembly ADMINISTRATIVE SERVICES POLICY COMMITTEE 1 2 3 1 Alternative Methods of Meeting Public Notice Requirements and to Advocate for Revisions to the Government Code Recognizing Alternative Methods as a Means to Meet Noticing Requirements 2 Tort Reform PUBLIC SAFETY POLICY COMMITTEE 2 3 3 Raising Public Awareness about the Imminent Health and Safety Concerns for Bullied Children 4 Prison Rape Elimination Act of 2003 5 Replacement of the Death Penalty with the Sentence of Life Imprisonment without the Possibility of Parole NO POLICY COMMITTEE — REFERRED DIRECTLY TO THE GENERAL ASSEMBLY* l 2 3 6 City of Bell N/A N/A *Per the League's Bylaws, Resolution Number 6 will only be referred to the League's General Assembly. Please note: These committees will NOT meet at the annual conference: Community Services; Environmental Quality; Housing, Community & Economic Development; and Transportation, Communication & Public Works Information pertaining to the Annual Conference Resolutions will also be posted on each committee's page on the League website: www.cacities.org. The entire Resolutions Packet will be posted at: www.cacities.org/resolutions. iv KEY TO ACTIONS TAKEN ON RESOLUTIONS (Continued) KEY TO REVIEWING BODIES 1. Policy Committee 2. General Resolutions Committee 3. General Assembly Action Footnotes * Subject matter covered in another resolution ** Existing League policy *** Local authority presently exists KEY TO ACTIONS TAKEN A - Approve D - Disapprove N - No Action R - Refer to appropriate policy committee for study a - Amend Aa - Approve as amended Aaa - Approve with additional amendment(s) Ra - Amend and refer as amended to appropriate policy committee for study Raa - Additional amendments and refer Da Amend (for clarity or brevity) and Disapprove Na - Amend (for clarity or brevity) and take No Action W - Withdrawn by Sponsor Procedural Note: Resolutions that are approved by the General Resolutions Committee, as well as all qualified petitioned resolutions, are reported to the floor of the General Assembly. In addition, League policy provides the following procedure for resolutions approved by League policy committees but not approved by the General Resolutions Committee: Resolutions initially recommended for approval and adoption by all the League policy committees to which the resolution is assigned, but subsequently recommended for disapproval, referral or no action by the General Resolutions Committee, shall then be placed on a consent agenda for consideration by the General Assembly. The consent agenda shall include a brief description of the basis for the recommendations by both the policy committee(s) and General Resolutions Committee, as well as the recommended action by each. Any voting delegate may make a motion to pull a resolution from the consent agenda in order to request the opportunity to fully debate the resolution. If, upon a majority vote of the General Assembly, the request for debate is approved, the General Assembly shall have the opportunity to debate and subsequently vote on the resolution. v V. 2011 ANNUAL CONFERENCE RESOLUTIONS RESOLUTIONS REFERRED TO ADMINISTRATIVE SERVICES POLICY COMMITTEE 1. RESOLUTION SUPPORTING ALTERNATIVE METHODS OF MEETING PUBLIC NOTICE REQUIREMENTS AND TO ADVOCATE FOR REVISIONS TO THE GOVERNMENT CODE RECOGNIZING ALTERNATIVE METHODS AS A MEANS TO MEET NOTICING REQUIREMENTS Source: Desert/Mountain Division Referred To: Administrative Services Policy Committee Recommendation to General Resolutions Committee: WHEREAS, the Desert/Mountain Division of the League of California Cities recognizes local municipalities have a civic duty to conduct business in open, noticed public meetings; and WHEREAS, that same duty calls for cities to engage their citizenry by noticing time and locale of public meetings, public hearings, introduction and adoption of Ordinances, and bid opportunities; and WHEREAS, in accordance with California Government Code Section 54954.2, the requirement for posting meeting agendas reads as follows: 54954.2. (a) (1) At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session, A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public ... WHEREAS, in accordance with California Government Code Section 6066, the requirement for publishing public hearing notices reads as follows: 6066. Publication of notice pursuant to this section shall be once a week for two successive weeks. Two publications in a newspaper published once a week or oftener, with at least five days intervening between the respective publication dates not counting such publication dates, are sufficient. The period of notice commences upon the first day of publication and terminates at the end of the fourteenth day, including therein the first day. WHEREAS, in accordance with California Government Code Section 6060, the term "notice" is defined as follows: 6060. Whenever any law provides that publication of notice shall be made pursuant to a designated section of this article, such notice shall be published in a newspaper of general circulation for the period prescribed, the number of tines, and in the manner provided in that section. As used in this article, "notice" includes official advertising, resolutions orders, or other matter of any nature whatsoever that are required by law to be published in a newspaper of general circulation. WHEREAS, notwithstanding any provision of law to the contrary, a newspaper is a "newspaper of general circulation" if it meets the criteria listed in California Government Code Sections 6000 and 6008, which read as follows: 6 6000. A "newspaper of general circulation" is a newspaper published for the dissemination of local or telegraphic news and intelligence of a general character, which has a bona fide subscription list of paying subscribers, and has been established, printed and published at regular intervals in the State, county or city where publication, notice by publication, or official advertising is to be given or made for at least one year preceding the date of the publication, notice or advertisement. 6008. Notwithstanding any provision of law to the contrary, a newspaper is a "newspaper of general circulation" if it meets the following criteria: (a) It is a newspaper published for the dissemination of local or telegraphic news and intelligence of a general character, which has a bona fide subscription list of paying subscribers and has been established and published at regular intervals of not less than weekly in the city, district, or judicial district for which it is seeking adjudication for at least three years preceding the date of adjudication. (b) It has a substantial distribution to paid subscribers in the city, district, or judicial district in which it is seeking adjudication. (c) It has maintained a minimum coverage of local or telegraphic news and intelligence of a general character of not less than 25 percent of its total inches during each year of the three-year period. (d) It has only, one principal office of publication and that office is in the city, district, or judicial district for which it is seeking adjudication. WHEREAS, in accordance with California Government Code Section 36933, within 15 days after a passage of an Ordinance, a City Clerk shall publish and post Ordinances, and if so chosen, a member of the public may request notification as follows: (1) Any member of the public may file with the city clerk, or any other person designated by the governing body to receive these requests, a request for notice of specific proposed ordinances or proposed amendments to ordinances. (2) Notice pursuant to paragraph (1) shall be mailed or otherwise transmitted at least jive days before the council is scheduled to take action on the proposed ordinances or proposed amendments to an ordinance. Notice may be given by written notice properly mailed or by e-mail if the requesting member of the public provides an e-mail address. Notice may be in the form specified in either paragraph (1) or (2) of subdivision (c), as determined by the city council. (3) As an alternative to providing notice as requested of specific proposed ordinances or proposed amendments to ordinances, the city clerk, or other person designated by the governing body, may place the requesting member of the public on a general mailing list that gives timely notice of all governing body public meetings at which proposed ordinances or proposed amendments to ordinances may be heard, as provided in Section 54954.1. If this alternative is selected, the requesting member of the public shall he so advised. (4) The city may charge a fee that is reasonably related to the costs of providing notice pursuant to this subdivision. The city may require each request to be annually renewed. (5) Failure of the requesting person to receive the information pursuant to this subdivision shall not constitute grounds for any court to invalidate an otherwise properly adopted ordinance or amendment to an ordinance. WHEREAS, as California Government Code Section 36933 already recognizes electronic mail as a form of communicating with the public when it comes to Ordinances, the Desert/Mountain Division of the 7 League of California Cities seeks other public noticing requirements in the Government Code reflect the same; and WHEREAS, the traditional means of noticing in local adjudicated newspapers is antiquated and inefficient; and WHEREAS, the Desert/Mountain Division of the League of California Cities recognizes that in recent decades, technology has vastly improved; and WHEREAS, that technology includes the advent of the internet, electronic mail, social media, smart phones and other smart devices (i.e. iphones/ipads); and WHEREAS, the public is becoming increasing familiar with the use of new technology and using it as a means to gain quick and up-to-date information; and WHEREAS, the public has a preference for receiving information in an electronic format; and WHEREAS, the Desert/Mountain Division of the League of California Cities is in support of cities communicating with the public using innovative, enhanced methods of communication; now therefore be it RESOLVED by the General Assembly of the League of California Cities assembled at the Annual Conference in San Francisco, September 23, 2011, that the Desert/Mountain Division of the League of California Cities: 1. Desires to enhance current public noticing requirements by communicating with the public using innovative, technologically friendly methods of communication. 2. Request that the League, as a whole, support alternative methods of meeting public notice requirements. 3. Request the League advocate for the State Legislature to adopt revisions to the California Government Code recognizing alternative methods as a means to meeting public notice requirements. 4. Support any legislation that would adopt revisions to the California Government Code recognizing alternative methods as a means to meeting public notice requirements. ////////// Background Information on Resolution No. 1 Source: Desert/Mountain Division Municipalities have a civic duty to conduct business in open, properly noticed public meetings. That same duty calls for cities to engage their citizenry by noticing time and locale of public meetings, public hearings, introduction and adoption of Ordinances, bid opportunities and the like. The public has a right to know what local elected officials are doing with public funds. The public has a right to know what decisions are being made that will affect them. In efforts to engage the public, encourage more participation at public meetings and enhance communication with constituents, our division has discussed current public noticing requirements required by the State of l 8 / 1O California. Current requirements include cities place notices in a general newspaper of circulation. Annually, cities spend quite a bit on this task. For example, the City of Big Bear Lake, population 6,700, spends $15,000 - $20,000 a year on noticing in their local weekly newspaper and on occasion, in a regional. This is a substantial amount for a small city. Noticing is typically done in the classified section. next to garage sale and help wanted ads. This system is antiquated and inefficient. Can you remember the last time you read that section of the paper? In recent decades, technology has vastly improved, given the advent of the internet, electronic mail, social media, smart phones and other smart devices (iphones/ipads). The public is becoming increasing familiar with the use of new technology, using it as a means to gain quick and up-to-date information. We see more and more the public have a preference for receiving information in an electronic format. Technology allows us to be more efficient and when it comes to business, much more economical. Our division would like to see a change to State Law that allows cities more discretion based on their community's distinct needs (i.e. residents can sign up for e-mail alerts of public hearings, meetings, etc.); and that would count towards meeting the public noticing requirements. We don't want to eliminate noticing in newspapers, just enhance requirements by allowing cities to use alternate methods as a means of meeting the law. In recent years, this issue has come before the State Legislature, but newspaper publication groups have lobbied against this. They receive revenue from classified ads. But noticing is not supposed to be about generating revenue for private industry. It is supposed to be about informing the public, getting them more involved in local government and enhancing our methods of communication. Many times, we don't always see the turnout we would like at public meetings and hearings. We need to enhance our methods to change this. In addition, cities are supposed to be reimbursed by the State for a portion of the cost to notice meetings, but these funds have been deferred for several years now due to the State Budget. If we are not receiving these funds, why can't the legislature work with cities to modify the requirements? We want to work smarter, not harder! »»»»» 2. RESOLUTION RELATING TO TORT REFORM Source: Mayor Charlie Goeken, City of Waterford Referred To: Administrative Services Policy Committee Recommendation to General Resolutions Committee: WHEREAS, frivolous lawsuits cost cities, counties, special districts, and school districts millions dollars a year to defend; and WHEREAS, the money that cities spend each year in legal fees fighting frivolous lawsuits is a waste of taxpayers' money; and WHEREAS, the money spent to defend frivolous lawsuits could be put to better public use; and WHEREAS, cities or other government entities are easily sued without reasonable cause when there is no requirement that the person or entity filing the lawsuit have any responsibility when the lawsuit is lost; and 9 WHEREAS, the public good would be served if the law were changed to require the person or entity who filed the lawsuit to pay for all fees and costs of the city, or other sued party, to defend the lawsuit if it were unsuccessful; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities, assembled during the Annual Conference in San Francisco, September 23, 2011, that the League encourages the existing 482 California cities to adopt resolutions calling for tort reform; and, be it further RESOLVED, that California cities be encouraged to ask their state legislators to pass a bill that establishes loser -pays lawsuit and tort reform; and, be it further RESOLVED, that California cities are encouraged to ask the League to sponsor and support a statewide proposition that makes loser -pays lawsuit and tort reform a constitutional amendment_ ////////// Background Information on Resolution No. 2 Source: City of Waterford Every year cities must weigh the cost of fighting frivolous lawsuits against the amounts requested by the plaintiffs. The frivolity of the lawsuits usually have little bearing on this balancing act, nor does the likelihood that settling will only encourage more lawsuits. This perverse use of the court system penalizes cities and other government entities by allowing a person to file a lawsuit with no regard for the facts and no exposure on their part. Attorneys accept these lawsuits, relying on getting paid by a city settling the lawsuit as a purely business decision, often times receiving more money than the plaintiffs. Scarce taxpayer dollars are squandered fighting frivolous lawsuits or paying settlements to avoid lengthy trials and bad publicity. The passage of tort reform and a loser -pays constitutional amendment would enable elected officials to govern fairly without the fear of frivolous lawsuits, while still allowing the public to file suit when they have genuinely been wronged. The money saved through court costs, attorney's fees, payouts, staff time, and insurance premiums would be put to better use by cities to serve their taxpayers. »»»»» RESOLUTIONS REFERRED TO PUBLIC SAFETY POLICY COMMITTEE 3. RESOLUTION RELATED TO RAISING PUBLIC AWARENESS ABOUT THE IMMINENT HEALTH AND SAFETY CONCERNS FOR BULLIED CHILDREN Source: City of Elk Grove Referred To: Public Safety Policy Committee Recommendation to General Resolutions Committee: WHEREAS, cities throughout the State of California are becoming more aware of the growing trend of bullying in schools and on the Internet that has become a serious nationwide problem, one with often severe consequences; and WHEREAS, surveys indicate that as many as half of all children are bullied at some time during their school years, and at least 10 percent are bullied on a regular basis; and 10 i.. WHEREAS, more than 25 percent of adolescents and teens have been bullied repeatedly through their cell phones or the Internet and more than 80 percent of teens use a cell phone regularly, making it the most popular form of technology and a common medium for cyber bullying; and WHEREAS, the social media network has vastly increased the number of users online and young people are eager to participate without understanding the consequences of their behavior; and WHEREAS, general bullying and cyber bullying have both caused severe damage, heartache, and even fatal tragedy to young people and their families and friends; and WHEREAS, victims of bullying display a range of responses, even many years later, such as: low self-esteem, difficulty in trusting others, lack of assertiveness, aggression, difficulty controlling anger, and isolation; and WI-IEREAS, bullying has been identified as a major concern by schools across the U.S.; and WHEREAS, cities providing an open forum to discuss bullying gives an opportunity for parents, students, and communities to acknowledge this issue, open up the conversation about the topic and raise awareness of the issue; and WHEREAS, the League supports cities who take a stance against bullying by raising education and awareness about anti -bullying efforts throughout the State of California to provide a better life and foundation for young people; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities, assembled in Annual Conference in San Francisco, September 23, 2011, that the League encourages cities to promote anti - bullying efforts across California as well as provide education and awareness to the general public about the imminent health and safety concerns for bullied children; and, be it further RESOLVED, by the General Assembly of the League of California Cities, that the League will forward this Resolution to the CCS (Cities, Counties, Schools) Partnership for consideration at their next meeting to help promote anti -bullying efforts throughout California. ////////// BackEround Information on Resolution No. 3 Source: City of Elk Grove Cities throughout the State of California are becoming painfully aware of the growing trend of bullying and its effects on children. Bullying has a potentially devastating effect on students and young adults, their families, schools, and communities. A guiding principle of the League is that the children of California must be recognized as our state's most valuable resource. Their development, education and well-being are key to our state's future. Many studies and statistics show the frequency and unfortunate effects that bullying has on children: • Bullying is a common experience for many children and adolescents. Surveys indicate that as many as half of all children are bullied at some time during their school years, and at least 10 percent are bullied on a regular basis (The American Academy of Child and Adolescent Psychiatry) 11 • More than 25 percent of adolescents and teens have been bullied repeatedly through their cell phones or the Internet. More than 80 percent of teens use a cell phone regularly, making it the most popular form of technology and a common medium for cyber bullying (bullyingstatistics.org) • Victims of bullying display a range of responses, even many years later, such as: low self-esteem, difficulty in trusting others, lack of assertiveness, aggression, difficulty controlling anger, and isolation (bullvingstatistics.org) • Research shows that bullying will stop when adults in authority and peers get involved (bullying.org) • Bullying has been identified as a major concern by schools across the U.S. (NEA, 2003) The health and safety of the residents of Elk Grove is paramount to the members of the Elk Grove City Council. On July 13, 2011, the City Council unanimously adopted a resolution raising public awareness of the imminent health and safety concerns for bullied children. This resolution is in conjunction with an aggressive, yet economical, public outreach campaign the City held to educate its residents about the effects of bullying on children. In conjunction with the Elk Grove City Council, Elk Grove Youth Commission, law enforcement and nonprofit agencies, the City hosted three public workshops focused on the subject of bullying that strengthened partnerships between youth and law enforcement, nonprofit agencies, parents and teachers. Workshop topics included how to keep teens safe from cyber bullying and online harassment, safe and responsible Internet use, social media and `sexting' safety issues, dangers of bullying and strategies to stop bullies and empower victims. The City informed the community about the campaign through media coverage on every television and radio news outlet in the Sacramento region, the City's newsletter which reaches every Elk Grove household, and the City's social media outlets Facebook and Twitter. Other cities in California are encouraged to raise the awareness of bullying in their community by educating residents about the dangers and effects of bullying on children. Educational outreach will benefit children, parents, teachers, and the community. Local governments have the ability to implement wide -spread cost- effective educational tools to communicate with residents about this important public safety issue. All local government officials and parents in California want to protect their children, families, themselves, and others. Please help raise public awareness of the imminent health and safety concerns for bullied children. »»»»» 4. RESOLUTION SUPPORTING THE PRISON RAPE ELIMINATION ACT OF 2003 Source: Council Member Tony Cardenas, City of Los Angeles Referred To: Public Safety Policy Committee Recommendation to General Resolutions Committee: WHEREAS. according to the Bureau of Justice Statistics, 10,000 children are held in adult jails and prisons on any given day; and WHEREAS, the annual number of youth exposed to the dangers of sexual assault in adult facilities is significantly higher because of the "flow" of youth entering and exiting facilities; and WHEREAS, studies from across the nation confirm that youth tried as adults fit the risk profile of those persons at the highest risk of sexual assault; and WHEREAS, studies also show that the overwhelming majority of youth tried as adults are nonviolent offenders, with a considerable proportion being first-time offenders; and 12 WHEREAS, according to the prison rape literature, the persons with the highest likelihood of being sexually assaulted are young people; and WHEREAS, according to studies from the Office of Juvenile Justice and Delinquency Prevention and the Centers for Disease Control and Prevention, youth who are tried in the adult criminal justice system are 34% more likely to recidivate than youth in the juvenile justice system; and WHEREAS, 70% of prisoners in adult prisons were once juvenile offenders, so the long-term effect of preventing harm to youth will decrease recidivism and substantially reduce the adult prison population and the associated economic, social and human cost; and WHEREAS, the U.S. Department ofJustice has an opportunity to ban the placement of youth (under 18) in adult jails and prisons as part of the implementation of the Prison Rape Elimination Act (PREA); and WI-IEREAS, PREA was signed into law by President Bush in 2003 to address sexual violence behind bars; and WHEREAS, a key component of the law was the development of national standards addressing prisoner rape and the requirements would apply to all detention facilities, including federal and state prisons, jails, police lock -ups, private facilities, and immigration detention centers; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities, assembled during the Annual Conference in San Francisco, September 23, 2011, that the League includes in its 2011-12 Federal Legislative Program support for standards implementing the Prison Rape Elimination Act of 2003 which would ban the placement of young people under the age of 18 in adult jails and prisons. ////////// Background Information on Resolution No. 4 Source: City of Los Angeles What is the Prison Rape Elimination Act? The Prison Rape Elimination Act (PREA) of 2003 is a Federal law established to address the elimination and prevention of sexual assault and rape in correctional systems. PREA applies to all federal, state, and local prisons, jails, police lock -ups, private facilities, and community settings such as residential facilities. The major provisions of PREA are to: • Develop standards for detection, prevention, reduction and punishment of prison rapc • Collect and disseminate information on the incidence of prison rape • Award grants and technical assistance to help state governments implement the Act Youth in adult facilities are at the greatest risk of prison rape. According to the Bureau ofJustice Statistics, 10,000 children are held in adult jails and prisons daily, and the annual number of youth exposed to the dangers of sexual assault in adult facilities is significantly higher because of the "flow" of youth entering and exiting facilities. Studies from across the nation confirm that youth tried as adults fit the risk profile of those persons at the highest risk of sexual assault. Studies also show that the overwhelming majority of youth tried as adults are nonviolent offenders, and a considerable proportion are first-time offenders. In more than half of the states, there is no lower age limit on who can be prosecuted as an adult, so even young children can be prosecuted as adults and sent to adult jails and prisons. 13 How Does PREA Apply to Jails? PREA seeks to insure that jails and other correctional settings protect inmates from sexual assault, sexual harassment, "consensual sex" with employees and inmate -inmate sexual assault. These violations affect security and staff safety, and pose long-term risks to inmates and staff inside jails, and to the public when victimized inmates are released into the community. Where is PREA at? The U.S. Department of Justice is currently considering banning the placement of youth (under 18) in adult jails and prisons as part of the implementation of PREA. As such, this resolution seeks to raise awareness of youth spending time in adult facilities so elected and appointed officials could develop more effective juvenile justice policies and support the passage of the bill. The Prison Rape Elimination Act was originally signed into law by President Bush in 2003 to address sexual violence behind bars. A key component of the law was the creation of the National Prison Rape Elimination Commission (NPREC), a bipartisan federal commission charged with developing national standards addressing prisoner rape and the requirements would apply to all detention facilities, including federal and state prisons, jails, police lock -ups, private facilities, and immigration detention centers. The NPREC held public hearings, had expert committees to draft the standards and released their final recommendations by issuing a report and set of standards (available online at http•//www ncrs ov/pd(les1/226680.pdf.) Who supports PREA? American Probation and Parole Association Correctional Education Association International Community Corrections Association National Association of Criminal Defense Lawyers National Center on Domestic and Sexual Violence Missouri Youth Services Institute **This is only a partial list of national supporters Campaign for Youth Justice American Jail Association National Juvenile Detention Association Center for Children's Law and Policy Family Violence Prevention Fund National Alliance to End Sexual Violence »»»»» 5. RESOLUTION CALLING FOR THE REPLACEMENT OF THE DEATH PENALTY WITH THE SENTENCE OF LIFE IMPRISONMENT WITHOUT THE POSSIBILITY OF PAROLE Source: Council Member Joseph Lyons, City of Claremont Referred To: Public Safety Policy Committee Recommendation to General Resolutions Committee: WHEREAS the administration of the death penalty costs California taxpayers hundreds of millions of dollars more to administer than life imprisonment without the possibility of parole; WHEREAS death penalty cases cost County taxpayers millions of dollars more to prosecute than cases that seek life imprisonment without the possibility of parole; WHEREAS the non -partisan California Commission on the Fair Administration of Justice Senate Commission concluded that California's death penalty system is systemically dysfunctional and will require hundreds of millions of dollars to reform; 14 WHEREAS the death penalty is not a deterrent and does not make our Cities or the State of California a safer place to live; WHEREAS California's Cities face severe cuts to the services needed to keep their neighborhoods safe and have had to resort to layoffs and furloughs because of reductions in revenues from State and County sources; WHEREAS the millions of dollars in savings realized by replacing the death penalty with life without the possibility of parole could be spent on: education, roads, police officers and public safety programs, after -school programs, drug and alcohol treatment, child abuse prevention programs, mental health services, and services for crime victims and their families. WHEREAS Governor Brown has the power to convert death sentences to sentences of life imprisonment without any possibility of parole, saving the state $1 billion in the next five years without releasing a single prisoner; WHEREAS California's County District Attorneys are solely responsible for pursuing the death penalty for persons convicted of special circumstance first -degree murders within their Counties; WHEREAS the California State Legislature and Governor Brown have the ability to place a constitutional amendment on the ballot to permanently replace the death penalty with a sentence of life imprisonment without the possibility of parole; RESOLVED by the General Assembly of the League of California Cities, assembled during the Annual Conference in San Francisco, September 23, 2011, that the League of California Cities call upon Governor Jerry Brown to convert all death sentences to sentences of life imprisonment without any possibility of parole, mandating those sentenced to life without the possibility of parole to work in prison and pay restitution to the victims' families, and that the money saved by the state be used to fund education, local government, and public safety; RESOLVED that the League of California Cities call upon California's County District Attorneys to desist from pursuing the death penalty, and to invest the savings in solving homicides, violence prevention, and effective public safety programs; RESOLVED that the League of California Cities call upon the California State Legislature and Governor Brown to place on a statewide ballot a constitutional amendment to replace the death penalty with a sentence of life imprisonment without the possibility of parole. Pursuant to this resolution copies of the adopted and officially signed resolution will be sent to Governor Jerry Brown, California Attorney General Kamala Harris, the leadership of the California State Senate and Assembly, County District Attorneys and their County Board of Supervisors 1118111.11 Background Information on Resolution No. 5 Source: City of Claremont California's death penalty is broken and remains at risk of executing an innocent person. A new study of the costs of California's death penalty was recently conducted by Judge Arthur Alarcon, a conservative federal judge who supports the death penalty, and Prof. Paula Mitchell, a law school professor who opposes the death penalty. With access to new information and documentation, their study is the most comprehensive 15 appraisal of expenditures associated with the death penalty. They concluded that the death penalty costs California taxpayers $184 million each year; California has spent a total of $4 billion on the death penalty since 1978 and is expected to spend another $1 billion over the next five years; each execution in California costs $308 million. Judge Alarcon and Professor Mitchell concluded that the current death penalty system is broken. With over 700 inmates, California's death row is the largest and most costly in the country, yet we have only executed 13 people since 1978. Victims' family members are put through a decades -long legal ordeal based on the hollow promise of execution, but 99% of those sentenced to death are never executed. The funds wasted on California's dysfunctional death penalty could be better spent to ensure public safety if the death penalty were replaced with Life Without the Possibility of Parole, allowing $1 billion over the next five years to be re -invested in public safety measures like law enforcement and education. There are three ways to accomplish this addressed in this resolution: 1. Governor Brown should convert all existing death sentences to Life Without Parole The governor has the authority to convert death sentences to the alternative of Life Without Parole, saving $1 billion over five years. This will allow the more than 700 existing death row inmates to be re -housed in the general population, eliminating the additional housing costs associated with death row and the cost of prosecuting and defending death row appeals. Three states have enacted this reform in the past to ensure that innocent men and women sentenced to death will not be executed and to save funds spent on maintaining death row. Life Without Parole is a real solution that ensures public safety and effectively punishes horrible crimes. It also allows inmates to work and pay restitution to the Victims' Compensation Fund. Recent polling from David Binder Research indicates that 64% of likely voters in California support this reform as a budgetary measure. 2. County District Attorneys should reduce or end the practice of seeking death sentences According to Judge Alarcon and Prof. Mitchell's study, each prosecution seeking death costs the county approximately $l million more than a prosecution seeking Life Without Parole. The decision to seek the death penalty over the alternative of Life Without Parole falls to each county's District Attorney. According to the ACLU's 2009 report "Death in Decline '09," most counties in the state currently do not seek the death penalty, or do so very rarely, due to the excessive costs of such prosecutions. However, a small number of counties continue to seek the death penalty, at great expense to the cities within the county and the taxpayers of the state at large. When the county district attorney decides to seek the death penalty, everyone within the county is impacted as the entire county criminal justice system strains to accommodate the massive expenditures associated with a death penalty trial. Justice is slowed for everyone. The ACLU's 2011 report, "The Death Penalty is Dead," showed a dramatic decrease in the number of death sentences in California in the first half of 2011, leaving the state on track to sentence the fewest men and women to death since 1978. Los Angeles County, historically the state's leader in death sentences, also saw a substantial decline in the first half of 2011. This trend should be encouraged and all County District Attorneys should be called upon to reduce or eliminate the practice of seeking the death penalty. 3. The California Legislature should pass SB 490 and give voters the option to replace the death penalty on the November 2012 ballot SB 490 is currently under consideration by the California legislature. If passed, voters will be given the option of replacing the death penalty with Life Without Parole, saving $1 billion over five years. California voters have not had an opportunity to vote on maintaining the death penalty since 1978, and have never been made aware of the costs associated with the system. Don Heller, the author of the 1978 initiative to reinstate California's death penalty, now supports its replacement because of the death penalty's costly failure over the last 30 years. Numerous attempts to streamline, speed up, and reduce waste within the death penalty have been made, but all have failed and often result in increasing the cost of the system. Voters should be 16 given a chance to make an educated decision about whether the death penalty is worth $184 million each year, or if there are more productive ways to invest those funds. »»»»» RESOLUTION REFERRED TO GENERAL ASSEMBLY 6. RESOLUTION IN HONOR OF THE CITY OF BELL Source: Council Member Tony Cardenas, City of Los Angeles Referred To: General Assembly WHEREAS, the city of Bell has a Native American history dating back thousands of years with the Gabrielino Indians migrating to what is now known as the City of Bell in 500 B.C., and WHEREAS, in the early 1800's, Spanish aristocrat and former soldier, Don Antonio Maria Lugo settled on 30,000 acres of land that encompasses the City of Bell, and WHEREAS, between 1870 and 1890 settlers arrived to the area and among those was the city's founder, James George Bell who acquired approximately 360 acres of land and helped in its development as a small farming and cattle community, and WHEREAS. the City of Bell was incorporated on November 7, 1927 and is now home to many businesses, small industries, schools, churches and community organizations, and WHEREAS, in July 2010, the City of Bell was devastated with a municipal scandal that made national and international headlines, and WHEREAS, it was revealed during the corruption scandal that Bell city officials were receiving unusually large salaries, perhaps the highest in the nation, and WHEREAS, upon the removal of the previous administration, including the City Administrator and City Attorney, the City of Bell began taking steps to immediately address this unprecedented scandal, and WHEREAS, under the new leadership of Pedro Carrillo, Interim City Administrator for the City of Bell, and James M. Casso, Interim City Attorney, the City of Bell has taken action to restore trust, ethics and fiscal sustainability in the City of Bell, and WHEREAS, the City of Bell helped craft legislation (AB 900) authorizing the refunding of the illegally charged. taxes to Bell property owners, which the state legislators quickly and unanimously adopted so that refund checks could be issued to constituents, and WHEREAS, in March 2011, voters turned out in record numbers to recall and replace City Council members charged in the corruption scandal, and WHEREAS, the City of Bell continues to consider all options for recovering all taxpayer funds that were spent improperly, and has implemented best practices that will enable the City of Bell to emerge from this unprecedented situation with an efficient, transparent and trusted government; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities, assembled during the Annual Conference in San Francisco, September 23, 2011, that the League acknowledges the efforts of the 17 City of Bell to address municipal corruption and restore policies and actions that create an environment of a responsible government. ////////// Background Information on Resolution No. 6 Source: City of Los Angeles In July 2010, the City of Bell was devastated with a municipal scandal that made national and international headlines. At that time, the Los Angeles Times reported that the City of Bell had the second -highest property tax rate in the county — 1.55 percent — well above the county average of 1.16 percent with Bell city officials receiving unusually large salaries. It was reported that City Manager Robert Rizzo was being paid an annual salary of $787,637; Police Chief Randy Adams was receiving $457,000; and Assistant City Manager Angela Spaccia was receiving $376,000. Additionally, the mayor and three of the four City Council members were being paid about $97,000 a year, including health benefits for their part-time jobs. During this unprecedented corruption scandal, the previous administration, including the City Administrator and City Attorney, were immediately removed and the City of Bell began taking steps to immediately address this unprecedented scandal. In March 2011, voters subsequently turned out in record numbers to recall and replace City Council members charged in the corruption scandal with the City of Bell continuing to implement best practices that is enabling the City to emerge from this situation with an efficient, transparent and trusted government. BRINGING GOOD GOVERNMENT PRACTICES BACK TO BELL Since the scandal broke last year, the new Administration, under the leadership and guidance of Pedro Carrillo, Interim City Administrator for the City of Bell, and James M. Casso, Interim City Attorney, has taken exceptional action to restore trust, ethics and fiscal sustainability in the City of Bell. As such, the City of Bell continues to be fully committed to open government and is working diligently with all stakeholders to bring transparency and good government practices to Bell. In the past few months, the Bell City Council, Interim CAO and Interim City Attorney have made substantial changes to bring good government practices to Bell. For example, the Bell City Council reduced property taxes worked with State Legislators and the State Controller on Assembly Bill (AB) 900 to secure rebates for Bell residents who were over assessed from 2007-2010. AB900 was signed into law allowing the City of Bell to authorize nearly $3 million in refunds to Bell residents and small businesses with Los Angeles County providing fiscal oversight. PURPOSE OF THE RESOLUTION Given the actions of the City of Bell to restore good government practices, and the fact that the League of California Cities has taken steps to learn from this unprecedented scandal, this resolution would acknowledge the on -going efforts of the City of Bell to address municipal corruption and restore policies and actions that create an environment of a responsible and open government. »»»»» 18 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 6, 2011 AGENDA ITEM NO. 35 EM TITLE: Report — Proposition "D" Independent Committee PREPARED BY: Leslie Deese, Asst. City Manager DEPARTMENT: City Manager PHONE: 336-4240 APPROVED BY: EXPLANATION: See attached Staff Report 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 ATTACHMENTS: 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: .._,)ort — Proposition "D" Independent Committee PREPARED BY Leslie Deese, Asst. City Manager PHONE: 336-4240 EXPLANATION: See attached Staff Report DEPARTMENT: City Manager APPROVED BY: < FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: • 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: c'ff Report (( )nal City Ordinance No. 2006-2278 (Attachment 1) uldjt 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: • 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 ATTACr MEWT 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 by the City from the State Board of Equalization. t1 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 this.ordinance 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 California; 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 wouldbe 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 bythe 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 shaft 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 purposes. of 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 for a fixed price pursuant to a contract entered into prior to the operative date of thls ordinance. 4. 1f 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 contractor 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 2141 i 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 beused for any legal municipal purpose. 4.60.140 Amendrnents. 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 u.se 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 so as to affect the rate of tax imposed by this ordinance. 4.60.150 Enloininci collection forbidden. No injunction or writ of mandate or other. legal or equitable process. shall issue in any suit, 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. 4.60.160 Severabilitv. 1f 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 taxis 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 (1st) 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 of 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. Nicklnzzunza, Mayor ATTEST: Mic ael R. Ialla 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 ational City, California By: Deputy I HEREBY CERTIFY that theforegoing 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 less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. 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, California By: Deputy 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 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. • 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 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. $18,0.00,000 $15.5 $16,000,000 $14.9 $13.7 $14,000,000 $14.7 $11.9 $11.8 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0 2003 2004 2005 2006 2007 2008 2009 2010 2011 Page12 6/8/201 1 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. Page(3 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 • ParamediclFirefighters 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. Duringthe 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. Page►4 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 on a 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 ILWU, 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 Sustainabi►ity Pilot Grant for Westside Transit Oriented Development — one of five grants awarded nationally. (2010) 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-Cuttinq and Efficiency Measures: The City of National City is engaged in continuous improvement, streamlining the organization to maximize efficiency and effectiveness, 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 Program, aninnovative hybrid, to create Tong -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 Retirement formula .reduced for new employees hired into sworn police safety positions - A decrease from 3% @ 50 to 3% @ 55 January, 2011 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 andefficiency 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 21 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 councilmernbers, board of commission members, or staff may be on the committee. Page AS 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 4 6/8/2011 CITY OF NATIONAL CITY Proposition D (This proposition will appear on the ballot in the following Corm-) 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 generalpurposes 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 lime and in the same manner as existing sales taxes. California Revenue and Taxation Code Section 7205.9 aulhorizes.Ihe City Council to levy a transaction and use tax et a rate of 0.25 percent or a multiple thereof, provided the tax is approved by a majority of the voters voting in an election on that issue. If 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, facilities and programs,' Because this sales tax would be -a 'general tax; the lax 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 tor any special purpose or. for any particular services, facilities or programs. The authority to Levy the tax_ imposed by Proposition 'D' would expire ten -years horn the Operative Dale, unless the City Council prior to that date delem-ines 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 of the tax. Proposition 'D' provides that every live years the Mayor, with the approval of the City Council, shall appoint an independent committee comprised of three experts in financial mailers, who will report their recommendation to the Mayor and CityCouncil as to whether the transaction and use tax should remain in eteol at the rate of one percent, or whether the City Council should reduce the rate of tax or terminate the imposition of the lax. 09J0-1 SD 000-000 FOR REVIEW AND APPROVAL ONLY • NOT FOR PRODUCTION User SD SAN DIEGO Job Number: OSLCD1029 Contest: 09J0 Composed: 04/18/2006 1208 Checksum: 157235c6' Page t7 BASE STYLE: pR09J0 1 ARGUMENT IN FAVOR OF PROPOSITION D - Proposition "D" is to raise the sales tax to cover the City General Fund $&7 million shortfall • Every resident from senior citizens. studentsto infants would be affected by the outcome of this proposition • The sales lax will automatically expire in ten years - National City residents have continually staled that pudic safety is their number fr 1 priordy - 72% of the total National City General Fund budget is given to the police and tire 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 fend 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 r The response time by the Police and Fire -Department will be greatly reduced The new Public Library will be required to terminate employees and -be- Iorced to dose more days WHAT IS.TAXED AND WHAT IS NOT TAXED No Fax on medicine, non -prepared Iood (groceries), rent, mortgage, utilities or property lax Per State Law no new lax on car. motorcycle, boat or plane sales made to consumers Irom 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 10D%OF SHORTFALL, • Projections stow that one-half to Iwo thirds of the tax mill be paid by non -National City residents who purchase rnerchandlse in the Cdy WHY THE SHORTFALL • The State of California keeps millions of dollars in revenue (to help balance their. budget) that should be returned to the City • Larger mandatory employee pension contribution than expected ROBERT'DOME' VALDERRAMA ADOLFO GONZALES Port Commissioner Chief of Police ANNE CAMPBELL City Librarian 09J0-2 ROBERT V. MEDINA President, National lily Firefighters Association ROSAUE "ROSIE' ALVERADO .. President, National School District • SD DOD-D00 FOR REVIEW AND APPROVAL ONLY - NOT FOR PRODUCTION User: SD Job Number: OSLCD1029 Composed: 04/1 B/2006 12:0B Checksum: 8196b4t8• Page 18 - SAN D►EGO Contest: 09J0 BASE STYLE: PH09102 0 ARGUMENT AGAINST PROPOSITION D What?! Another tax increase? We've already voted down this tax once before. But the politicians won't listen. They're trying AGAIN to raise taxes, and this time we're being told that essential police and lire services may be cut! But we're ALREADY paying for public safely! In 1993 we voters. approved Prop. 172, a sales tax for public safety funding. According to the Union -Tribune, National City collects about$775 MILLION annually in sates tax for local public safety protection and improvement' Where's THAT money, now that we need it?? Much of this regressive tax will tap on the backs of our poorer citizens. That's unfair! If this tax passes, National City wilt charge the highest sales taxin the county. To avoid this lax, 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 mote lost jobs. Citizens of National Cily will pay an additional one percent on any taxable item they buy locally. But the National. City car dealers' customers who live outside National City will NOT pay the higher lax, due to slate 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 10 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 idea! II 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! www.lesstax.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 0o0-ODD FOR REVIEW AND APPROVAL ONLY - NOT FOR PRODUCTION User: SD Job Number: 05LCD1029 Composed: 04/18/2006 12:08 Checksum: a6353412' Page 19 SAN DIEGO Contest: 09J0 BASE STYLE: PR09JD 3 9.9 ORDINANCE NO. 2006 — 2278 AN ORDINANCE OF THE CITY COUNCII. 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 4.60.02D 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 4.60.030 Use tax rate 4.60.090 Adoption, of provisions o1 stale law 4.60.100 Limitations on adoption of Stale law and collection of use taxes 4.60.110 Permit not required 4.60.120 Exclusion; exemptions 4.60.130 Remissible uses 4.60.140 Amendments 4.60.150 Enjoining collection forbidden 4.60.169 SeverabRity 4.69.170 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 ordnance shall be applicable in the incorporated lendory of the City. 4.60.020. Definitions. As used.in this chapter. "City" means the City of National City and 'lax". means the transactions and use taxes, sometimes also referred 10 as 'sales tax', Imposed under the ,provisions of this ordinance; 'tax. revenue' and 'tax revenues'. mean all proceeds of the tax received by the City horn the Slate Board of Equalization. 4.60.030 Operative date. 'Operative dale means the first day that the tax is imposed and collected. The operative dale 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 accornpfish those purposes: A. To impose a retail transactions and usetaxin 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 09J0-4 SO 000-000 FOR REVIEW AND APPROVAL ONLY • NOT FOR PRODUCTION User. SD Job Number: 05LCD1029 Composed: 04/18/2006 12:08 Checksum: 2e59b3bc• Page 20 SAN DIEGO Contest 09J0 BASE STYLE: PR09J0 4 ri 1,1 be operative it a majority vote of the electors voting on the rneasure vote to approve .the imposition of the tax al an election called for that purpose. B. To adopt a retail Iransactions - and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax taw ol the State of Cafifornia 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 lax and provides a measure therefore that can be adminislered.and collected by the Stale Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possble deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California Stale 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 provisionsofPart 1.G of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and al the same lime, minimize the burdenofrecord 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 dale, the City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this uansactons 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.totiowing the execution of such a contract. 4.60.060 • Transactions tax rate. For the privilege of. selling tangtbte personal property at retail, a lax is hereby imposed upon all retailers in the incorporated territory. of the City et the rate of 19i. (one percent)otthe gross receipts of any retailer from the sale of a0 tangible personal • properly sold at retail in said territory -on and after the operative date of This ordinance. 4.60.070 - Place of sale. For thepurposes of this ordinance, all retal sales are consummated at Ihe.pface of business ol the retailer unless the tangiblepersonal property sofd is delivered by the retailer or his agent to an obit -of -slate -destination ;or to a common carrier for delivery to an out -of -stale destination. The gross receipts Irom such sates shag include delivery charges, when such charges -are subject to the state sates and use tax; regardless -of the place to which delivery is made. to the event a retailer has no permanent place ol 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 rites and regulations to be presuehed and adopted by the State Board of. Equalization. - 4.60.080 Use tax rate. An excise tax is hereby imposed on the Storage, use orother consumption in -die City of tangible personal property purchased from any retailer onrand after the operative date ol this ordinance for storage, use or other consumption in said territory al- the rate -of 1% lone percent) of the sates -price ofthe. property. The -sales price shall include delivery charges when such charges are subject to state sates or use lax regardlessof the place to which delivery is made. 4.60.090 • Adoption of provisions of. state law. Except as -otherwise provided in this ordnance and except insofar as they are inconsistent with. the provisions -of Part 1.6 ot Division2 of the Revenue and Taxation Code, all ot the provisions of Part 1 (corrvnencing with Section 6001) of Division 2 01-the Revenue -and Taxation. Code are 'hereby adoptedan f made -apart of this ordinance as though Iulty set forth herein. - • 4.60_100 .Limitations on adoption of -state law and series-dotod:use taxes. In adopting the provisions of Part lot Division 2 of -the -Revenue and -Taxation Code:- - A. Wherever the .State of Cafifornia is named,or referred to as die taxing agency, the - name of this City shall be substituted therefor However, thesubstitutionshad not be made when: t:. The word 'State: is used as a..part of the title of the Slate Controller, State Treasurer, Slate Board of Control, State -Board of Equalization, State Treasury, or the Constitution of the State of California; 09J0-5 SD 000-DOD FOR REVIEW AND APPROVAL ONLY - NOT FOR PRODUCTION User: SD Job Number: 05LCD1029 Composed: o4/18l2006 12:08 Checksum: 07fa3356' Page 21 SAN DIEc 0 Contest: 09,10 BASE STYLE: PRO9JO 5 2. The result of that substitution would require action to be takenby or against this City or any agency, oftiter, or emplcyee 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 imitedto sections referring to the exterior boundaries of the State ol Cafifomia, where the result of the substitution would be 1a: • a. Provide an exemption from this:lax with respect to certain sales, storage, use or other consumption of tangible personal properly which would not otherwise be exempt born this tax while such sales, storage; use or other consumption remain subject to lax 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 fax by the stale wider 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. 8. The word 'City' shall be substituted tor the word "Stale' in the phrase'retaier engaged in business in this Slate in Section 6203 and in the definition of that phrase in Section 6203. 4.60.110 Permit not reouired .11 a seders pennit has been issued to a retaier under Section 6067 of the Revenue and Taitahon Code, an additional Iransactor'S permit shaft not be • required by this ordinance: • 4.60.120 Exclusion: exemptions. A. There shag-be•excluded from the measure of the. transactions tax and the use tax the amount of_ any. sales tax or use lax imposed by the State of California or by any city, city and -county, or county pursuant •to the Bradley -Bums Uniform Local Sates and Use -Tax Law or the amount of any stale -administered transactions or use lax. - B. There are exempted from the computation of the amain) ol transactions tax the gross receipts from: 1. Sales of tangible personal properly, other than fuel or petroleum products; to operators of aircraft. to.be used or consumed pn'sndpally outside the •county in which the sale is made and tiredly and exclusively .inthe use of such aircraft as common carriers of persons Dr property under the authority of the. taws. •of this Slate, the United States, or any foreign government. - - - - 2. Sales of property -AO be used outside the City is shipped lei a point outside the City, pursuant to the conbad of sate. by delivery to such point by the retailer or his agent, or by delivery bythe retailer to a carrier for shipment 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 icoinmencing with Section 4000) of Division 3.of the Vehicle Code; aircraft Incensed in compliance -with Section: 21411 of the Pubic Undies- Code. and. undocumented vessels registered under Division -.3_6 -(commencing with- Section 9840) of the Vehicle Code by registration to an out -of -City address and tryy-a declaration under penalty of perjury, signed by the buyer, stating that such -address is, in fad, his or her principal place of residence; and b.. With rasped to commercial vehicles, by registration to a place ol'twskless out -of -City and declaration under penally of perjury, signed bythe buyer, that the vehicle will be operated front (bait address.. - •3. The sale of tangible personal property :the seller is.obtigated to furnish the properly for a fixed.price pursuant .to. a contract entered into prior to the operative date o 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 lured by the lease prior to the operative dale of this ordinance. 5. For the• purposes of subparagraphs' subparagraphs' 3 and 4- of tsubsection Witte sale or tease of tangible personal property shall be deernednot to be obligaledpursuantlD a contract or tease for any period of time for which any party to the contract or tease has the unconditional right to 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: 05LC01029 Composed: 04/18/2006 12:08 Checksum: 7dleb268' Page 22 SAN DIEGO Contest: 099J0 BASE STYLE: mug g �f 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 lax ordinance. 2. Other than fuel or petroteum products purchased by operators of aircraft and used or consumed by such operators directly and exclusivelyin the 'use of such aircraft as common carriers of persons or properly for hire or compensation under a certificate of pubhc convenience and necessity issued pursuant to the laws of this State; the United Slates, •or any foreign government_ This exemption is in. addition to the exernplions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code -of the Slate of Caltoinia - S. if the purchaser is' obligated to purchase the property for a fixed pricepursuantto 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 properly 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 Ilxs ordnance_ S.. 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 properly shall be deemed not to be obligated pursuant to a contract or lease for any period -of lime for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not suchrighl is exercised. - - B. Except as provided in subparagraph 7 ofthis subsection C, a retailer engaged in business in the" City shaft not be required to collect use tax from the purchaser of tangible personal property, unless the -retailer ships or delvers the property into the City or participales within the City in making the sale of the properly, includng, but .not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer In the Cily 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 Seclion21411 of the Pubic Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. Thal relater shag be required to collect use lax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the Clty. 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 atislride im posing, or tetailer liable for atransactions tax pursuant to Part 1.6 of Division 2 01 the Revenue and.Taxation Code with respect to the sale to the personot the property the storage, use or other coniurription of Whichis 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 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 Part 1.7 of Division 2 of the Revenue and Taxation Code, and a amendments to Part 1.6 and Pad .1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a pad of this ordinance, provided however; that no such amendment shall operate so asto aflect the rale of tax imposed by Ibis ordinance. 4.60,150 . Enioinine collection forbidden. No -in Junction or writ of mandate or other legal or equitable process shall issue in any will, action or proceeding in any court against the Slate 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 recpuiredto be collected. - 09J0-7 SD 0e0-000 FOR REVIEW AND APPROVAL ONLY - NOT FOR PRODUCTION User: SD Job Number: 05LCD1029 Composed: 04(18/2006 - 12:08 Checksums at1b73dca' Page 23 SAN DIEGO Contest: 09J0 BASE STYLE: PR09J0 7 3-1 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 ol 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. Dale, 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 therateof lax, or to terminate the imposition of the tax. The 'City shall immediately notify the Stale Board of Equalization in writing in the event That the tax is reduced or terminated. The operative dale of such rate reduction or..termination shall be the first (1a) calendar quarter commenting more than one hundred and ten (110) days after. the Board of Equalization receives such notice of termination. • 4.60.180 Independent committee. Every live (5) years the Mayor, with approval ol 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 Clty.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.ol the tax-pursdantlo Section 4.60.170. Section 2. This ordinance, following its adoption by al least 4 affirmative voles ol the City Council and.its publication, shall become effective -upon the approvat 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 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 following vote, to -wit: Ayes: Counc,members: 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:-04/18/200612:08 Cherkstim: 3d00a5bb' Page 24 SAN DIEGO Contest:' 0930 BASE STYLE: Pan9J0 8 2 :ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT September 6th, 2011 AGENDA ITEM NO. 36 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $66,258.02 to the City of National City for the period of 7/27/11 through 08/02/111 PREPARED BY: K. Apalateguij PHONE: 619-336-4331 EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. DEPARTMENT: ! F. APPROVED BY: Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $66,258.02 ENVIRONMENTAL REVIEW: N/iN ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A 'ACHMENTS: varrants for the period of 7/27/11 through 08/02/111 PAYEE DESROCHERS DIXIELINE BUILDERS ECO MECHANICAL EQUIFAX INFORMATION SVCS LAW OFFICES OF LANCE E GARBER OPPER & VARCO LLP PRUDENTIAL OVERALL SUPPLY SAN DIEGO COUNTY RECORDER VISTA PAINT COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #5 8/2/2011 DESCRIPTION RETIREE HEALTH BENEFITS/AUG 2011 REIMB/ CASA QUINTA/FAMILIAR EXP R&M NONSTRUCTURAL / REDEV EQUIFAX INFO SVCS FOR FY 2011-2012 LEGAL SVCS / TOD PROJECT EDUCATION VILLAGE / GENERAL MOP# 45742. LAUNDRY SVCS/ NSD RECORDING FEES/RECONVEYANCE LOAN MOP# 68834. PAINT / NSD OTHER DISBURSEMENTS PAID WITH CDC FUNDS CTION 8 CTION 8 HAPS PAYMENTS WIRED PAYMENTS DEUTSCHE BANK NATIONAL TRUST DEUTSCHE BANK NATIONAL TRUST THE BANK OF NEW YORK DEUTSCHE BANK NATIONAL TRUST Start Date 7/27/2011 CHK NO DATE 242817 8/2/11 242818 8/2/11 242819 8/2/11 242820 8/2/11 242821 8/2/11 242822 8/2/11 242823 8/2/11 242824 8/2/11 242825 8/2/11 AMOUNT 110.00 36,698.30 140.00 51.10 25,000.00 4,143.00 13.87 78-00 23.75 AM Total $ 66,258.02 Total disbursements paid with City's Funds $ 66,258.02 2005 TAB, SERIES A & B 2004 TAB, SERIES A NC 1999 TAX ALLOCATION 2011 TAB End Date 8/2/2011 7/27/11 7/27/11 7/27/11 8/27/11 697,957.80 3,676,520.01 390,005.00 230,712.50 1,054,512.85 GRAND TOTAL $ 6,115,966.18 ""-ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT September 6th, 2011 AGENDA ITEM NO. 37 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $26,068.40 to the City of National City for the period of 8/03/11 through 08/09/11 PREPARED BY: jK. Apalategui PHONE: 1619-336-4331 EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. DEPARTMENT: APPROVED BY: Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: y4pprove the reimbursement of funds to the City of National City in the amount o$26,068.40 ENVIRONMENTAL REVIEW: N/AI ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A 'ACHMENTS: ..,.rrants for the period of 8/03/11 through 08/09/11' PAYEE AHA HOUSING CHRISTENSEN & SPATH LLP COUNTY OF SAN DIEGO PROJECT PROFESSIONALS CORP. RICK ENGINEERING CO U S BANK CITY OF NATIONAL CITY COUNTY OF SAN DIEGO PAYROLL Pay period 16 NATO TkratRATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #6 8/9/2011 Start Date 7/12/2011 DESCRIPTION MCC USAGE 1/1/2011 - 6/30/2011 LEGAL SERVICES / ARE HOLDINGS ENVIRONMENTAL HEALTH PERMITS PROJECT: AQUATIC CENTER / REDEV INV: 0017405 / 0022115 / 0018175 CREDIT CARD EXPENSES / SEC8 PETTY CASH REPLENISHMENT/JUNE 11 MAIL PROCESSING SVC FY10/11 End Date 7/25/2011 Check Date 8/3/2011 CHK NO DATE 243035 8/9/11 243036 8/9/11 243037 8/9/11 243038 8/9/11 243039 8/9/11 243040 8/9/11 242960 8/9/11 242964 8/9/11 AMOUNT 479.00 13,760.99 1,107.60 4,575.00 3,985.68 1,199.80 86.38 873.95 A/P Total $ 26,068.40 67, 545.06 Total disbursements paid with City's Funds $ 93,613.46 GRAND TOTAL $ 93,613.46 :ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT September 6th, 2011 AGENDA ITEM NO. 38 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $1,133,203.11 to the City of National City for the period of 8/10/11 through 08/16/11 PREPARED BY: K. Apalateguij DEPARTMENT: PHONE: 619-336-4331j APPROVED BY: EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Approve the reimbursement of funds to the City of National City in the amount o $1,133,203.11' ENVIRONMENTAL REVIEW: N/ql ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A FACHMENTS: 1. vrrants for the period of 8/10/11 through 08/16/11 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #7 8/16/2011 PAYEE WEST COAST RESOLUTION GROUP CHRISTENSEN & SPATH LLP COUNTY OF SAN DIEGO DIXIELINE BUILDERS EQUIFAX INFORMATION SVCS LASER SAVER INC PRO BUILD PRUDENTIAL OVERALL SUPPLY SAN DIEGO CUPPING SERVICE SAN DIEGO UNIFIED PORT DISTRICT SOUTHLAND SHREDDING STAPLES ADVANTAGE CITY OF NATIONAL CITY CITY OF NATIONAL CITY CITY OF NATIONAL CITY COUNTY OF SAN DIEGO LOWER SWEETWATER FIRE ETROPOLITAN WATER DISTRICT :TROPOLITAN WATER DISTRICT NATIONAL ELEM SCHOOL DISTRICT SD COUNTY OFFICE OF EDUC SD COUNTY OFFICE OF EDUC SD COUNTY WATER AUTHORITY SD COUNTY WATER AUTHORITY SOUTHWESTERN COMMUNITY SOUTHWESTERN COMMUNITY SWEETWATER UNION HIGH SCH DIST UNION TRIBUNE PUB CO DESCRIPTION ARE HOLDINGS, LLC V. CDC LEGAL SVCS / ARE HOLDINGS DEP OF ENVIRONMENTAL HEALTH FY11 EXPENSE REIMB/CASA QUINTA & FAMILIAR EQUIFAX INFO SVCS FOR FY 2011-2012 MOP# 45725. TONER / SECS MOP# 45707. PAINTING SUPPLIES/NSD MOP# 45742. LAUNDRY SERVICES/ NSD NEWS READING AND CLIPPING SERVICE NC BAYFRONT/HARBOR DIST PLANNING SHREDDING SVCS / D-PREP, LLC MOP# 45704. OFFICE SUPPLIES/ SEC8 SB 211 PASS THROUGH FY 11 AB1290 TAX SHARING (DIST 1-8) FY 11 AB1290 TAX SHARING (DIST 1-8) FY 11 AB1290 TAX SHARING FY 11 SB 211 PASS THROUGH FY 11 SB 211 PASS THROUGH FY 11 AB1290 TAX SHARING - FY 11 AB1290 TAX SHARING - FY11 PASS THROUGH PAYMENT FY11 AB1290 TAX SHARING FY 11 SB 211 PASS THROUGH FY 11 AB1290 TAX SHARING - FY 11 PASS THROUGH PAYMENT FY 11 AB1290 TAX SHARING FY11 AB1290 TAX SHARING - FY11 ADVERTISING/ GEN PLAN UPDATE NOTICINI 07 HER DISBURSEMENTS PAID WITH CDC FUNDS SECTION 8 SECTION 8 HAPS PAYMENTS WIRED PAYMENTS FIRSTAMERICAN TRUST, FSB Start Date 8/10/2011 CHK NO DATE AMOUNT 243042 8/11/11 800.00 243055 8/16/11 16,375.50 243056 8/16/11 1,249,60 243057 8/16/11 6,740.25 243058 8/16/11 76.18 243059 8/16/11 111.85 243060 8/16/11 43.61 243061 8/16/11 27.74 243062 8/16/11 141.75 243063 8/16/11 31.696.00 243064 8/16/11 210.00 243065 8/16/11 180.75 243083 8/16/11 209,613.28 243084 8/16/11 60,045.00 243085 8/16/11 12,317.35 243089 8/16/11 69,951.00 243112 8/16/11 1,322.36 243115 8/16/11 4,144.97 243116 8/16/11 1,323.00 243123 8/16/11 81,245.00 243135 8/16/11 293,124.00 243136 8/16/11 5,973.00 243137 8/16/11 4,217.32 243138 8/16/11 1,209.00 243143 8/16/11 267,057.00 243144 8/16/11 13,396.00 243148 8/16/11 49,712.00 243151 8/16/11 899.60 AIP Total $ 1,133,203.11 Total disbursements paid with City's Funds $ 1,133,203.11 End Date 8/16/2011 ACQUISITION AND REHABILITATION PARTIAL PAYMENT 8/16/11 OF 8 HOUSING UNITS AT 138 NORTON AVE 11,571.96 366,000.00 GRAND TOTAL $ 1,510,775.07 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE: August 24, 2011 AGENDA ITEM NO. 49 EM TITLE: A resolution of the Community Development Commission of the City of National City approving an Agreement by and between the Community Development Commission of the City of National City and E2 Managetech, Inc. not to exceed $98,000 for oversight and implementation of a Property Mitigation Plan for the Westside Infill Transit Oriented Development. (Low Moderate Housing Funds) PREPARED BY: Patricia Beard DEPARTMENT: Redevel PHONE: 4255 (�' APPROVED BY: EXPLANATION: (The Disposition and Development Agreement ("DDA") for the Westside Infill Transit Oriented Development ("WI-TOD") requires the CDC to remediate environmental hazards from the project site, including the National City Public Works yard and former Illes Family Trust site (2200 and 2020 Hoover Avenue). Working with the project's State Regulator, the California Department of Toxic Substances Control, it has been determined that the best method of preparing the site for the affordable housing and park expansion planned is through the preparation and implementation of a Property Mitigation Plan ("PMP"). Since 2007, E2 Managetech has been assisting the CDC to understand environmental conditions within the Westside Specific Plan area and the WI-TOD site and, in conformance with the DDA, has prepared a draft PMP, currently under discussion with the selected developers. The proposed contract would provide for E2 Managetech to assist the CDC in finalizing the PMP, obtain approval from the DTSC and implement site remediation and regulatory closure. The scope and cost of said services has been determined to be reasonable and appropriate by staff. •-:�xt/S•ecial Projects FINANCIAL STATEMENT: ACCOUNT NO. 522-409-500-598-3934 ENVIRONMENTAL REVIEW: Not applicable. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Proposed Agreement RESOLUTION NO. 2011 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND E2 MANAGETECH, INC., FOR THE NOT TO EXCEED AMOUNT OF $98,000 FOR OVERSIGHT AND IMPLEMENTATION OF A PROPERTY MITIGATION PLAN FOR THE WESTSIDE !NFILL TRANSIT -ORIENTED DEVELOPMENT WHEREAS, as the result of a competitive request for proposals process, E2 ManageTech, Inc., was selected as a qualified environmental engineering firm to serve the Community Development Commission of the City of National City ("CDC') on an as -needed basis; and WHEREAS, since 2007, E2 ManageTech, Inc., has assisted the CDC with environmental investigations related to the Westside Specific Area Plan, the Westside Infill Transit -Oriented Development, the proposed expansion of Paradise Creek Educational Park, and the acquisition of the Illes Family Trust site; and WHEREAS, on February 28, 2011, the CDC approved the issuance of the 2011 Tax Allocation Bonds to provide funding to develop the Westside Infill Transit -Oriented Development; and WHEREAS on June 21, 2011, a Disposition and Development Agreement was approved for the development of the Westside Infill Transit -Oriented Development that requires the CDC to complete environmental remediation so that affordable housing and public spaces can be developed within the project site; and WHEREAS, the CDC desires to enter into an Agreement with E2 ManageTech, Inc., to oversee the preparation and implementation of a Property Mitigation Plan to fulfill the remediation requirement; and WHEREAS, the scope and budget of the Agreement have been determined to be reasonable and appropriate. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Agreement by and between the Community Development Commission of the City of National City and E2 ManageTech, Inc., in the not to exceed amount of $98,000 for oversight and implementation of a Property Mitigation Plan for the Westside InfiII Transit -Oriented Development. --- Signature Page to Follow --- Resolution No. 2011 — Page Two PASSED and ADOPTED this 6th day of September, 2011. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia Gacitua Silva CDC General Counsel AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND E2 MANAGETECH, INC. THIS AGREEMENT is entered into this 6th day of September, 2011, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and E2 MANAGETECH, INC., an environmental engineering firm (the "CONSULTANT"). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide environmental engineering services including program management and remediation services to implement a Property Mitigation Plan for development of the Westside Infill Transit Oriented Development. WHEREAS, the CDC has determined that the CONSULTANT is a qualified environmental engineering firm originally selected through a competitive Request for Qualifications process which has studied the site extensively and is uniquely qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. FOLLOWS: NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS 1. ENGAGEMENT OF CONTRACTOR/CONSULTANT. The CDC hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONSULTANT shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CDC may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CDC and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC and will monitor,the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Daryl Hernandez thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit " A"shall not exceed $98,000 (the Base amount) without prior written authorization from the Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CDC. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. ACCEPTABILITY OF WORK. The CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CDC or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. This agreement shall remain in effect until March 30, 2013. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CDCandCONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's CDC's Standard Agreement —June 2008 revision 2 CDC and E2 Managetech Solutions written work product for the CDC's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 4-4 15 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs (choice left intentionally), as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANTor the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CDC wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CDC are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT,in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subcontractor/CONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. CDC's Standard Agreement — June 2008 revision 3 CDC and E2 Managetech Solutions 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientaton, marital status, national origin, physical handicap, or medical condition.The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section-14, however, shall riot apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. CDC's Standard Agreement —June 2008 revision 4 CDC and E2 Managetech Solutions The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 15.- 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement.• 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONTRACTOR/CONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. CDC's Standard Agreement —,tune 2008 revision 5 CDC and E2 Managetech Solutions F. Said policies, except for the professional liability and workers' compensation policies, shall name the CDC and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not Tess than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the National City Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the National City Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CDC. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. CDC's Standard Agreement - June 2008 revision 6 CDC and E2 Managetech Solutions 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. in the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CDC,and the CONSULTANTshall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CDC: Patricia Beard Redevelopment Manager Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 CDC'sStandard Agreement — June 2008revision 7 CDC and E2 Managetech Solutions To CONSULTANT: Daryl Hernandez, P.E. Principal E2 Managetech Solutions 5000 East Spring Street, Suite 720 Long Beach CA 90815-5232 Telephone: (562)740-1060 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CDC. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. CDC's Standard Agreement —June 2008 revision 8 CDC and E2 Managetech Solutions D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. --- Signature Page to Follow --- CDC's Standard Agreement —June 2008 revision 9 CDC and E2 Managetech Solutions COMMUNITY DEVELOPMENT COMMISSION E2 MANAGETECH, INC. OF THE CITY OF NATIONAL CITY (Corporation— signatures of two corporate officers) By: Ron Morrison, Chairman APPROVED AS TO FORM: Claudia Gacitua Silva CDC General Counsel By: (Name) (Print) (Title) By: (Name) (Print) (Title) CDC'sStandard Agreement — June 2008revision 10 CDC and E2 Managetech Solutions FY 11/12 REQUEST FOR WARRANT DATE: 8/11/2011 FROM: CDC/Redevelopment TO: ACCOUNTS PAYABLE, FINANCE DEPT. SUBJECT: REQUEST FOR WARRANT Training (Enter description as you wish it to appear on the computer printout. 25 spaces or less) INVOICE # INVOICE # INVOICE # Crime Prevention Through Environmental Design Basic Course - Brad Raulston PRC #T483 Vendor No. 19021 ISSUE WARRANT TO: D-Prep, LLC (4 lines, 25 spaces maximum) Account Distribution: Account Number Amount 511-445-468-222-0000 TOTAL $ 383.00 $ 383.00 Approved by: Approved by: Date Stamp Below LESLIE DEESE, Asst City Manger Date CHRIS ZAPATA, City Manager Date AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND E2 MANAGETECH, INC. THIS AGREEMENT is entered into this 6th day of September, 2011, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and E2 MANAGETECH, INC., an environmental engineering firm (the "CONSULTANT"). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide environmental engineering services including program management and remediation services to implement a Property Mitigation Plan for development of the Westside Infill Transit Oriented Development. WHEREAS, the CDC has determined that the CONSULTANT is a qualified environmental engineering firm originally selected through a competitive Request for Qualifications process which has studied the site extensively and is uniquely qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CDC hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONSULTANT shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CDC may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CDC and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Daryl Hernandez thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit " A"shall not exceed $98,000 (the Base amount) without prior written authorization from the Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CDC. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. ACCEPTABILITY OF WORK. The CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CDC or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. This agreement shall remain in effect until March 30, 2013. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CDC and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CDC's purposes, and the CONSULTANT expressly waives and CDC's Standard Agreement — June 2008 revision 2 - CDC and E2 Managetech Solutions disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs (choice left intentionally), as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANTor the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CDC wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CDC are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT,in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subcontractor/CONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. CDC's Standard Agreement — June 2008revision 3 CDC and E2 Managetech Solutions 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientaton, marital status, national origin, physical handicap, or medical condition.The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. CDC's Standard Agreement — June 2008 revision 4 CDC and E2 Managetech Solutions The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONTRACTOR/CONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. CDC's Standard Agreement— June 2008 revision 5 CDC and E2 Managetech Solutions F. Said policies, except for the professional liability and workers' compensation policies, shall name the CDC and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the National City Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the National City Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CDC. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. CDC's Standard Agreement — June 2008 revision 6 CDC and E2 Managotech Solutions 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CDC,and the CONSULTANTshall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CDC: To CONSULTANT: Patricia Beard Redevelopment Manager Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Daryl Hernandez, P.E. Principal E2 Managetech Solutions CDC's Standard Agreement — June 2008 revision 7 CDC and E2 Managetech Solutions 5000 East Spring Street, Suite 720 Long Beach CA 90815-5232 Telephone: (562)740-1060 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CDC. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. D If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. CDC's Standard Agreement - June 2008 revision 8 CDC and E2 Managetech Solutions E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. --- Signature Page to Follow --- CDC's Standard Agreement —June 2008 revision 9 CDC and E2 Managetech Solutions COMMUNITY DEVELOPMENT COMMISSION E2 MANAGETECH, INC. OF THE CITY OF NATIONAL CITY (Corporation— signatures of two corperate officers) By: Ron Morrison, Chairman APPROVED AS TO FORM: Claudia Gacitua Silva CDC General Counsel Julie Moe -Reynolds (Print) By: Glenn Mayer (Print) Principal and CEO (Title) C CC's Standard Agreement —June 2008 revision 10 Principal and CFO (Title) CDC and E2 Managetech Solutions EXHIBIT "A" ManageTech S O L U T 1 Q N S August 8, 2011 Ms. Pat Beard Community Development Commission of National City 1243 National City Boulevard National City, California 91950 VIA EMAIL: pbeard(iilci_national-city.ca.us Subject: Proposal — Professional Environmental Oversight Services for the Clean-up and Closure of the Transit Oriented Development Area 2100 Hoover Avenue Nationals City, California Dear Ms. Beard: E2 ManageTech, Inc. (E2) is submitting this proposal and cost estimate to provide professional program management and technical support services to the Community Development Commission (CDC) of National City for environmental clean-up and closure of the Transit Oriented Development (TOD) area. In support of the TOD project, E2 recently prepared a Property Mitigation Plan that will be submitted to the California Environmental Protection Agency (Cal -EPA) Department of Toxic Substances Control (DTSC) for its review and approval. The PMP provides a roadmap for completing environmental investigations and remediating services for portions of the TOD area where known chemicals of concern have previously been released to the subsurface (i.e., Mitigation Areas). Results of the PMP indicate that eight Mitigation Areas were identified and steps or procedures for addressing each of the Mitigation Areas are presented in the PMP. E2 proposes to complete the following scope of work to support the CDC with implementing the PMP: 12396 World Trade Dr., Suite 314, San Diego, California 92129. (858) 217-5306 a fax (858) 217-5310 www.e2managetech.com Ms. Pat Beard Community Development Commission of National City July 18, 2011 Page 2 of 5 Scope of Work: Task 1 — Finalize the PMP The CDC agreed to allow the Developer to review and provide comments to the PMP. A working draft copy of the PMP was submitted to the Developer on June 22, 2011. The Developer has since hired an environmental consultant (Environ) to review the PMP and other supporting documentation. For this task, E2 will coordinate, clarify, and update the PMP per comments received from the Developer and its environmental consultant. Prior to updating the PMP, all revisions will be coordinated with the CDC and its legal counsel to insure that the suggested revisions are appropriate and consistent with the contract documentation between the CDC and Developer. Task 2 - Developer and Regulatory Agency Coordination • Coordinate and participate in periodic meetings and conference calls with the CDC, regulatory agencies, Developer, legal counsel (i.e., Opper & Varco), or other project representatives. This effort includes preparing for the meetings, preparing meeting notes, and implementing possible action items. • Maintain and update project/development schedule. • Prepare written responses to Developer/Agency requests for information (RFI). • Provide 3-party technical review of documentation that would be prepared by Developer environmental consultant, geotechnical engineers, civil engineers, etc. • Prepare and submit technical white papers as requested. Task 3 — Mitigation Oversight Services • Provide program management support necessary to implement the PMP. This includes procuring necessary subcontractors (e.g., geophysical survey, drillers, mobile and fixed analytical laboratories, and/or waste disposal companies), scheduling field activities, maintaining project budgets, and submitting project updates and progress reports to the CDC. • Of these seven Mitigation Areas identified in the PMP, five require further investigation to delineate the extent of contamination as assess appropriate removal action alternatives. E2 will coordinate the environmental investigation activities associated with each of the mitigation areas. These coordination efforts will include preparing work plan Ms. Pat Beard Comrmmity Development Commission of National City July 18, 2011 Page 3 of 5 memoranda that will be submitted to DTSC for its review and approval. The work plan memoranda will supplement the information provided in the PMP by providing more detail associated with the field activities that will be implemented to investigate each of the mitigation areas. Task 4 — UST and Clarifier Removal • Coordinate and maintain management of the existing UST in accordance with the Department of Environmental Health (DEH) and National City Fire Department requirements. Until the tank is removed, these agencies require monthly monitoring and reporting of the UST and dispensing system. It is currently estimated that the UST will be removed during the month of October 2011. • Prepare a bid specification for procuring and assist the CDC with procuring an UST removal contractor. This bid specification will also include provisions to removal the oil water separator located in the north end of the Illes property. During the UST removal activities, E2 will oversee the UST/oil water separator removal contractor's work to ensure that the work is completed in accordance with the bid specifications and applicable UST removal laws and regulations. • E2 will also coordinate the collection of confirmation soil samples that will be collected to assess whether the UST and/or clarifier leaked hazardous substances to the subsurface. • After the results of the confirmation samples are received, E2 will prepare a UST/Clarifier Closure report that will be submitted to DEH for its review and approval. Task 5 — Hazardous Building Materials Survey and Building Demolition • Conduct hazardous building material surveys of on -site structures that would be demolished and/or renovated under the TOD project. • Prepare hazardous building material mitigation specifications • Prepare demolition bid specifications. • Assist the CDC with procurement efforts needed to retain a demolition and hazardous building materials contractor. • Provide field oversight support during hazardous building materials mitigation activities and site demolition. Depending on the findings of the hazardous building material survey, these services may include air monitoring and inspection of the mitigation contractor's work. Task 6 — Characterization and Off -Site Disposal of Stockpiled Soil Ms. Pat Beard Community Development Commission of National City July 18, 2011 Page 4 of 5 • E2 will identify an appropriate off -site landfill or approved area to transport and dispose of the stockpiled soil located adjacent to Paradise Creek Park. • After an appropriate disposal facility is identified and approved, E2 will coordinate and procure excavation, transportation, and disposal services for the stockpiled soil that is located near Paradise Creek. • During the stockpile loading and disposal activities, E2 will provide personnel to monitor the progress and field activities of the loading and transporting contractor to ensure that volumes are counted and work is completed in accordance with the bid specifications. • After the soil is removed, E2 will collect confirmation soil samples to confirm that the stockpile soil has not impacted the "native" soils. SCHEDULE AND COST Based on the project schedule that was provided by the Developer in an email message dated June 1, 2011, it is estimated that the environmental support services would be provided through approximately December 2012 when DTSC approves the completion of the PMP and issues its No Further Action letter for the TOD area. Based on this time period it is estimated that our services would be needed for an approximate period of eighteen (18) months. Since the level of effort associated with each of the activities discussed above cannot be clearly defined at this time, E2 estimates that its team will provide approximately 40 hours per month of consulting services. For this project, E2 will continue to provide National City our reduced fee schedule for which the Project Principal, Daryl Hernandez, will be billed at a rate $160 per hour and a Project Manager, who is well versed in engineering, geology, and remediation, will be billed at $120 per hour. Therefore, we are proposing to provide the programmatic oversight services described above for $98,000 (i.e. approximately 40 hours per month of combined labor hours over 18 months) on a time and material basis. A copy of our fee schedule for this project is provided as an attachment to this proposal. In order to manage the effort and costs throughout the project, E2 will provide a detailed monthly summary that will describe the (1) work completed, (2) anticipated work for the next month, (3) list of deliverables provided, and (4) early identification of possible issues that could impact the project schedule or redevelopment decisions. In the event that additional E2 services Ms. Pat Beard Community Development Commission of National City July 18, 2011 Page 5 of 5 are needed during the 18 month period, E2 will provide a letter proposal that will describe the services to be provided and a detailed cost proposal prior to initiating work. If there are any questions with respect to this cost estimate, please contact me at (858)217-5306. Very truly yours, E2 ManageTech, Inc. > Daryl Hernandez Daryl Hernandez, P.E. Principal SCHEDULE OF FEES AND CHARGES E2 ManageTech Personell Charges The charge for all time required in the performance of the Scope of Services, including office, field and travel time, will be at the Unit Price Hourly Rates set forth below for the labor classifications indicated. Labor Classification Clerk* Technical Assistant/Word Processor* Technician' Drafter/Illustrator' Technical Editor* Senior Drafter/Illustrator' Senior Technician* Lab/Field Supervisor' Assistant Staff Professional Staff Professional Senior Staff Professional Assistant Project Professional Project Professional Senior Project Professional Consulting Professional Senior Consulting Professional Principal/Senior Principal Hourly Rate $ 50.00 $ 70.00 $ 80.00 $ 80.00 $ 80.00 $ 80.00 $ 90.00 $ 90.00 $ 80.00 $ 90.00 $ 100.00 $ 110.00 $ 120.00 $ 130.00 $ 140.00 $ 150.00 $ 160.00 Charges for contract personnel under E2 ManageTech, Inc. supervision and using E2 ManageTech, Inc. facilities will be made according to the hourly rate corresponding to their classification. Overtime worked in excess of eight (8) hours per day by exempt personnel will be charged at the above straight time hourly rate. Non-exempt (') @ 1.5x rate. Special project accounting reporting and financial services, including submission of invoice support documentation will be charged accordingly. When E2 ManageTech, Inc. staff appear as expert witnesses at court trials, mediation, arbitration hearings, and depositions, their time will be charged at 1.5 limes the rate schedule . Preparation for these shall be charged at the above standard hourly rates. Subcontracts and Equipment Rental The cost of services subcontracted by E2 ManageTech. Inc. to others, including but not limited to: chemical analysis, test borings. speciality contractors, surveyors, consultants, and equipment rental; e.g., backhoes, bulldozers, and test apparatus, etc., will be charged at cost plus 10%. Communications The cost of communications including telephone, telex facsimile, routine postage and incidental copying costs will be charged at cost. Computers The charge for use of Computer Aided Design and Drafting (CADD), Graphics generation. modeling applications and similar technical computing is $40.00 per hour. Document Reproduction In-house reproduction will be charged at $.20 a page for black & white and $1.15 a page for color for letter, legal, and 11 x 17 size copies. See attached for outside reproduction costs. Other Any other direct costs not specifically discussed herein will be charged at cost. Vehicles and Mileage Field vehicles (pick-ups, vans, trucks, etc.) used on project assignments wit be charged at the IRS rate per mile. Payment E2 ManageTech, Inc. shall submit progress invoices to Client showing the services performed during the invoice period and the charges. Within thirty (30) days after receipt of an invoice, Client shall pay the full amount of the invoice; however, if Client objects to all or any portion of any invoice, it shall so notify E2 ManageTech, Inc. of the same within fifteen (15) days from date of receipt of invoice and shall pay that portion of the invoice not in dispute. The parties shall immediately make every effort to settle the disputed portion of the invoice. This fee schedule contains confidential business information and is not to be copied or distributed for any purpose other than the use intended in this contract or proposal. E2 ManageTech, Inc. Company Confidential 4/4/2011 ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT September 6, 2011 AGENDA ITEM NO. 40 ITEM TITLE: Resolution of the Community Development Commission of the City of National City authorizing its Chairman to execute a Subordination Agreement with Miguel S. Hernandez and Alicia B. Hernandez allowing a new mortgage not -to -exceed $196,000 to be and remain a lien prior and superior to a First - Time Home Buyer assistance loan of $25,000 issued by the CDC on a single -unit property located at 1334 Tecolote Court in National City �Q/ PREPARED BY: Carlos Aguirre, Comm. Dev. Specialist II 1Y DEPARTMENT: Adminstrative Services PHONE: 619 336-4391 APPROVED BY: d� EXPLANATION: The CDC made a loan for $25,000 from the Low -Moderate Housing Fund to Miguel S. and Alicia B. Hernandez ("Borrowers") on October 10, 1996 to assist and eligible household in the purchase of a new single-family house located at 1334 Tecolote Court in National City. The CDC loan is fully deferred until October 10, 2029 as long as the residence is occupied by the Borrowers and the Borrowers perform under all other Covenants and Agreements contained in the Deed of Trust of the CDC loan. The Borrowers are interested in refinancing the current debt on the property and have been approved for a new loan with San Diego County Credit Union. The new lender is requiring that the CDC execute a subordination agreement allowing the new loan to hold superior position to the CDC -issued loan. The CDC loan will maintain second lien position on the property. The purpose of the refinance is to allow the Borrowers to reduce the interest s paid a fixed rate of 4.0% and there will be no cash proceeds to the Borrowers through the refinance isaction. The new combined loan -to -value (CLTV) ratio will be 72% as substantiated by a current appraisal of the property at $305,000. Staff has also satisfactorily reviewed the Borrowers' credit report, preliminary title report, new loan note terms, and closing statement. FINANCIAL STATEMENT: APPROVED: Fi ' ance ACCOUNT NO. APPROVED: i IS There is no fiscal impact associated with this request. The existing CDC loan is an "enforceable bligation" entered into before January 1, 2011. ENVIRONMENTAL REVIEW: The subordination agreement is exempt from environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends the approval of the resolution to execute the Subordination Agreement. BOARD / COMMISSION RECOMMENDATION: There is no board or commission recommendation required for the Subordination Agreement. rACHMENTS: 1. Subordination Agreement between CDC and Borrowers 2. New First Trust Deed with San Diego County Credit Union as the Beneficiary RESOLUTION NO. 2011 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ("CDC") AUTHORIZING THE CHAIRMAN TO EXECUTE A SUBORDINATION AGREEMENT WITH MIGUEL S. HERNANDEZ AND ALICIA B. HERNANDEZ ALLOWING A NEW MORTGAGE NOT -TO -EXCEED $196,000 TO BE AND REMAIN A LIEN PRIOR AND SUPERIOR TO A FIRST-TIME HOMEBUYER ASSISTANCE LOAN OF $25,000 ISSUED BY THE CDC ON A SINGLE -UNIT PROPERTY LOCATED AT 1334 TECOLOTE COURT IN NATIONAL CITY WHEREAS, the Community Development Commission of the City of National City ("CDC") made a loan of $25,000 ("CDC Loan") issued from the Low Moderate Income Fund to Miguel S. Hernandez and Alicia B. Hernandez ("Borrowers") on October 10, 1996, to assist an eligible household in the purchase of a single-family house located at 1334 Tecolote Court n National City (the "Property"); and WHEREAS, the existing CDC Loan is an Enforceable Obligation entered into before January 1, 2011; and WHEREAS, the CDC Loan is fully deferred until 2029, as long as the residence is occupied by the Borrowers and the Borrowers perform under all other Covenants and Agreements contained in the Deed of Trust of the CDC Loan; and WHEREAS, the Borrowers are interested in refinancing the debt on the property and have been approved for a new loan with San Diego County Credit Union ("Lender") that requires the CDC to execute a Subordination Agreement allowing the new loan to hold superior position to the CDC Loan that will maintain second lien position on the Property; and WHEREAS, the purpose of the refinance is to allow the Borrowers to reduce the interest rate paid on their current mortgage to 4.0% with no cash proceeds to the Borrowers through the escrow tied to the refinance; and WHEREAS, maintaining a second lien position pursuant to the Borrowers refinancing to a lower interest rate without cash -out acts to further preserve and secure the CDC interest in the Property. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes its Chairman to execute a Subordination Agreement in favor of a new First Trust Deed with San Diego County Credit Union as beneficiary. After being recorded by the County of San Diego, said Subordination Agreement will be on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of September, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia G. Silva, City Attorney RECORDING REQUESTED BY Lawyers Title - SD AND WHEN RECORDED MAIL TO: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APN: 558-092-39-00 Escrow No: CAL15844 -LT145 - NL Title No: 311317905 Attachment No. 1 Space above this line for Recorder's use SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. THIS AGREEMENT, made this AUGUST 16, 2011 by MIGUEL S. HERNANDEZ AND ALICIA B. HERNANDEZM HUSBAND AND WIFE AS JOINT TENANTS owner of the land hereinafter described and hereinafter referred to as "Owner", and COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY present owner and holder of the deed of trust and note first hereinafter described and hereinafter referred to as "Beneficiary"; WITNESSETH THAT WHEREAS, Owner has executed a deed of trust, dated OCTOBER 10. 1996, to CONTINENTAL LAWYERS TITLE , as trustee, covering: For legal description of the real property, see Exhibit A attached hereto and made a part hereof. Commonly known as: 1334 Tecolote Court, National City CA, 91950 to secure a note in the sum of $ 25.000.00, dated OCTOBER 10. 1996, in favor of COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, which deed of trust was recorded OCTOBER 30, 1996. as instrument No. 1996-0549446 Official Records of said county; and WHEREAS, Owner has executed, or is about to execute, a deed of trust and note in the sum of $195.000.00, dated , in favor of SAN DIEGO COUNTY CREDIT UNION , hereinafter referred to as "Lender", payable with interest and upon the terms and conditions described therein, which deed of trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said deed of trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land hereinbefore described, prior and superior to the lien or charge of the deed of trust first above mentioned; and WHEREAS, Lender is willing to make said loan provided the deed of trust securing the same is a lien or charge upon the above described property prior and superior to the lien or charge of the deed of trust first above mentioned and provided that Beneficiary will specifically and unconditionally subordinate the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor or Lender; and WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Beneficiary is willing that the deed of trust securing the same shall, when recorded, constitute a lien or charge • upon said land which is unconditionally prior and superior to the lien or charge of the deed of trust first above mentioned. Page 1 of 5 Attachment No. 1 Escrow No.: CAL15844 - LT145 - NL NOW THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: (1) That said deed of trust securing said note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge of the deed of trust first above mentioned. (2) That Lender would not make its loan above described without this subordination agreement. (3) That this agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the deed of trust first above mentioned to the lien or charge of the deed of trust in favor of Lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the deeds of trust hereinbefore specifically described, any prior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the deed of trust first above mentioned, which provide for the subordination of the lien or charge thereof to another deed or deeds of trust or to another mortgage or mortgages. Beneficiary declares, agrees and acknowledges that (a) He consents to and approves (i) all provisions of the note and deed of trust in favor of Lender above referred to, and (ii) all agreements, including but not limited to any loan or escrow agreements, between Owner and Lender for the disbursement of the proceeds of Lender's loan; (b) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; • (c) He intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the deed of trust first above mentioned in favor of the lien or charge upon said land of the deed of trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination specific loans and advances are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and (d) An endorsement has been placed upon the note secured by the deed of trust first above mentioned that said • deed of trust has by this instrument been subordinated to the lien or charge of the deed of trust in favor of Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. Beneficiary Owner MIGUEL S. HERNANDEZ ALICIA B. HERNANDEZ Page 2 of 5 Attachment No. 1 (All signatures must be acknowledged) Form Furnished By Lawyers Title Carlsbad IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (SUBORDINATION FORM "A") Deed of Trust to New Deed of Trust Page 3 of 5 suborda Escrow No.: CAL15844 - LT145 - NL STATE OF CALIFORNIA COUNTY OF }SS: Attachment No. 1 On before me, , a Notary Public, personally (here insert name and title of the officer) appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA COUNTY OF }SS: (This area for notary stamp) On before me, , a Notary Public, personally (here insert name and title of the officer) appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (This area for notary stamp) Page 4 of 5 Attachment No. 1 Exhibit A All that certain real property situated in the City of National City, County of San Diego, State of California, described as follows: Parcel 1: Lot 3 of Map 13296, in the City of National City, County of San Diego, State of California, maps in the office of the County Recorder of San Diego County, California. Parcel 2: Non-exclusive easements for access, ingress, egress and other purposes, all as described and subject to the Declaration of Restrictions recorded on February 2, 1996, as file no. 1996-0053669, official records of San Diego County, California. Attachment No. 2 Recording Requested By: San Diego County Credit union And When Recorded Mail To: San Diego County Credit Onion [Name] [:Attention] 6545 Sequence I)rise 'Street Address] San Diego, CA 92121 1Cnv, State Zip Code] ISpace ; I bore This Law I or Kee uOling ! )a ra J - _ _. Loan Origination Company NAILS Identifier: Loan Originator NMLS Unique Identifier: 644668 Loan No.: 34249 DEED OF TRUST DEFINITIONS Words used i❑ multiple sections of this document aue drilned below and other words are defined in Sections 3, 11, 13, 18, 21) and 21. Certain rules regarding the usage of Chords used in this document are also provided in Section 16. (A) "Security Instrument" means this document. which is dated September 7, 2011. together with all Riders to this document. (R) "Borrower" is Miguel S. Hernandez and Alicia B. Hernandez, husband and wife as joint tenants. 13orron-et is the trustar under this Security Instrument. (C) "Lender" is San Diego County Credit Union. Lender is a credit union organized and existing under the laws of California. Lender's address is 6545 Sequence Drive, San Diego, CA 92121. Lender is the beneficiary, under this Security Instrment. (DI "Trustee" is REFS, Inc., a California Corp)ration. (1;) "Note" means the promissory note signed by Borrower and dated September 7, 201,L. The Note states that Borrower owes Lender One Hundred Ninet Five "thousand and 001100ths Dollars (U.S. S195,000,00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than October 1 2041. (F) "Property" means the property that is ticscriheei below under the heading ''transfer of Rights in the Property." (C:) "Loan" means the debt evidenced by the dote, plus interest, any prepayment charges and late charge, due under the Note. and all sums due under this Security Instrument. plus interest. ('nlifnrni„ 1)e€ 1 of I'ruvr-Sinl;lr I' n,I -Fannie 11ar-Freddie lint. r-ni4rnn Indnutioil 1 he (nnipli:nrce Sourer. 1111. Pngr I or 11 trw,+.annpl{auccsnurre cons Form 31n05 1101 11001 C:t 08100 Yec. 12/07 t2004.'rbc C7arpliance Source. Inc. 111111 III2II IIIII 1111I III 3 4 � 9 Page 1 of 17 Attachment No. 2 (II) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The tollowving Riders are to be executed by Borrower [cheek box as aplicahlci: e] Adjustable Rate Rider I ❑ Condominium Rider ❑ Second Home Rider (J Balloon Rider 0 Planned Inn Development Rider ❑ Biweekly Payment Rider ❑ 1-4 Family Rider ❑ Revocable Trust Rider (11 Otherts) (specific) (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final" non -appealable judicial pinions. (.I) "Community Association Dues. Fees, and Assessments" means all dues, tees" assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (k) "Electronic Funds 'Transfer" means any transfer of funds, other than a transaction originated by check, draft. or similar paper instrument, av}rich is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account_ Such term includes, but is not limited to, point -of -sale transfers. automated Idler machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (I) "Escrow Items" means those items that are described in Section 3. (i 1) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: fil damage to, or destruction of, the Property; tit) condemnation or other taking of all or any pan of the Property, (iii) conveyance in lieu Of condemnation; or (iv) misrepresentations of, or omissions as to, the value allrilor condition of the Property. (N) ";Mortgage Insurance" means insurance protecting Lender against the nonpayment of: or default on, the Loan. (()) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note. plus (ii) any amounts under Section 3 of this Security Instrument. (1') "RESPA" means the Real Estate Settlement Procedures Act (12 iJ.S.C. *2601 et seq.) and its implementing regulation, Regulation X (24 CP.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RFSPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related rortgage loan" under RESPA, (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument, `RA'SsFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to tender: ill the repayment of the Loan, and all renewals, extensions and modifications of the Note; and iii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note_ For this purpose, Borrower irrevocably grants and conveys to'1rustee, in trust. ,vith power of sale, the billowing described properly located in the ('rdirornia nerd of 1 rusl-Single Family -Fannie AIde1Freddie 'Sloe t'nlform [narrnnren Tarr Compliance Sinurtr, inr_ Page 2 of 14 sr ar w.conydinnCrsou rcC.t'om Form 30(15 1/01 14901( 5 08.00 Rev. 12017 21810, The Comp&ante Source. Inr_ 113 If814 2 11111111111I14 911 J/l Page 2 of 17 Attachment No. 2 County of San Diego [Type of Recording Jurisdiction] [Nance of 12ecording Jurisdiction) Parcel 1: Lot 3 of .Alap 13296, in the City of National City, County of San Diego, State of California, reaps in the office of the County Recorder of San Diego County, California. Parcel 2: lion -exclusive easements for :recess. ingress, egress and other purposes, all as described and subject to the Declaration of Restrictions recorded on February' 2. 1996, as file no. 1996-0053669, official records of San Diego County, California. Assessor's Identification Number: 558-092-39-00 which currently has the address or 1334 Tecolote Court IStreet I National City California 91950 ("Property Address' I: [City] IZip Code] 'TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereaficr a part of the property. :111 replacements and additions shall also be covered by this Security Instrument. Ali of the foregoing is referred to in this Security Instrument as the "Property." BORROWER C'Ov1 N41NTS that Borrower is lawtnlle seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property, against ail claims and demands. subject to any encumbrances of record. THIS SECURITY INSIR1 itnENT combines unit -tint' covenants for national use and non -uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. ( INIFOR\I COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late changes due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3_ Payments due tinder the Note and this Security Instrument shall he made in 1).5- currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the folkrwing barns, as selected by Lender Ia) rash: lb) money order: lei certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon rut institution whose deposits are insured by a federal agency. instrumentality, or entity; or (d) Electronic Funds 'Transfer. Pay clients are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. !.-ender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but ',ender is not obligated to apply such payments at the time such payments arc accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pas interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. if Borrower does not do so within a reasonable period of time, Lender shall either apply such In 1.1s or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have nos+ or in the future against Lender shall relieve Borrower from making payments California Deed of Single hwnil -Fannie 9tne/f;reddir Mac 1'nirniin Instrument The Compliance Source. nu. i4rge .3 of 11 rrrc,,ernplinnreso n tl•e. tom Form 31105 1,01 I40111 CA 0$i00 Rev. 12,07 21,013. he f ompliance Source, Inc 11 III111111 11111111111 3 4 2 4 9 Page 3 of 17 Attachment No. 2 due under the Note and this Security instrument or performing the covenants and agreements secured by this Secutliy Instrument. 2 Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall he applied first to late charges, second to any other amounts due under this Security instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower far a delinquent Periodic Payment 4shich includes a sufficient amount to pay any late charge due, the payment may he applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if and to the extent that, each payment can be paid in Mil. To the extent that any excess exists alter the payment is applied to the full payment of one or more Periodic Payments, such excess nay be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Nliscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in fill. a sure (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (h) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) .Mortgage Insurance premiums, if any, or any sums parable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 11). These items are called "Escrow Items." At origination or al any time during the terra of the Loan, Lender may require that Community Association Dues, Foos, and Assessments, if any. he escrowed by Borrower. and such dues. fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to fender all notices of amounts to he paid tinder this Section. Borrower shall pay L.ender the Funds for Iacroty Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow items at any time. Any such waiver may only be in writing. in the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow items at any Hine by a notice given in accordance with Section I j and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts. that are then required under this Section 3. Lender may, at any tithe, collect and hold Funds in an amu unt (a) sufficient to permit Lender to apply the Funds at the time specified tinder RES.PA, and (b) not to exceed the maximum amount a lender can require under RESP\. ].ender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of f tture Escrow Items or otherwise in accordance with Applicable 1_aw. The Funds shall he held in an institution whose deposits are insured by a federal agancv,instrumentality', or entity (including Lender if Lender is an institution whose deposits are so insured] or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow items no later than the time specified under RESPA. Lender shall mid charge Borrower for holding and applying the Funds, annually analyzing the escrow account. or verifying the Escrow Items, unless Linder pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. 1'nless an aprecment is made in writing or Applicable Law requires interest to he paid on the Funds, Lender shall not be required to pay Borrower am interest or earnings on the Funds. Borrower and Lender can agree ( ai,[o, ihr Devil 01 Irust-Single hnrnity urrnic )rnrltrrddir Nine Iiniforrn Instrument 1 he i'ompllnnee Source. loc. Pagr 4 or 14 a�rx.rnmplianrceou rye. Cann Form 3005 1/01 1410tt :5 I150Ml llcw. 12.11.7 211011, The tbmplinnre Sourer. Inc. 113111111111111111? 4 911111 I1 Page 4 of 17 Attachment No. 2 in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, heat charge, an animal accounting of the Funds as required by RESPA. 1 f there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RF.SPA. [f there is a shortage of Funds held in escrow, as defined under RESPA. Lender shall notify Borrower as required by RESPA, and Burrower shall pay to Lender the amount necessary to snake up the shortage in accordance with RESPA, but in no more than ! 2 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency' in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full o[ all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pas all rases, assessments, charges, fines, and impositions attributable to the Property which can attain priority over This SecurityInstrument, leasehold payments or ground rents on the Property, if any. and Community Association Dues. Fees, and Assessments, if any. To the extent that these items are Escrow- !terns, Borrower shad pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (at agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (h) contests the lien in good faith by. or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 11) days of the date on which that notice given. Borrower shall satisfy the lien or take one or more Millie actions set Barth above in ibis Section 4. Lender may require Borrower to pay a one -tine charge for a real estate tax verification andtor reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to. earthquakes and floods, for which Lender requires insurance, This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding; sentences can change during the term of the Loan. The insurance carrier providing the insurance shall he chosen by Borrower subject to Lender's right to disapprove Borrowers choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay-. in connection with this Loan, either: (a} a one -tithe charge far flood zone determination, certification and tracking services; or (b) a one-time charge for flood Mane determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also he responsible for the payment of any tees ntjnoed by the federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage. at Lender's option and Borrower's espense. Lender is under no obligation to purchase any particular type or eunuunt of coverage. Therefi;nre, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk. hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost et' the insurance coverage 5o obtained might significantly exceed the cost of insurance that Borrower cculd have obtained. Any amounts disbursed by 1 ender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. Alf insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disiipprnce such policies, shall include a standard mortgage clause. and shall name Lender as mortgagee :tndlor as an additional loss payee and Borrower further agrees to generally assign rights to insurance proceeds to the holder of (}rtifnrnfn lhctl of'1"rust-Single 4annl)-1- tvonie'Nneitn'lclie 11uc t'nifonn instrtinnsn The fooplinncc Source, Inc. I'u{;e 5 of 14 00 msnmpliance+ourec-corn Frain 3005 1tf11 t 40ttICA 08+00 Rev. 12nr 2(N)0, " 1 ( nrnpiiance Source, Inc. Ii 1111!j1 s? 11111 �4�I 19 .II 3 4 Page 5 of 17 Attachment No. 2 the Note up to the amount of the outstanding loan balance. Lender shall have the right to hold the policies and renewal certificates. 1t Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage. not otherwise required by Lender, for damage to, or destruction of. the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee and Borrower farther agrees to generally assign rights to insurance proceeds to the holder of the Note up to the amount of the outstanding loan balance. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower- I. `nlesss bender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying, insurance was required by Lender. shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period; .Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is trade in writing or applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third panics, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration er repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums scoured by this Security Instrument, whether or not then due, with the excess. if any. paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property. Lender may file, negotiate and settle any available insurance claim and related matters, If Borrower does not respond within 30 days to a notice 'from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property, under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and tbl any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6, Occupancy. Borrower shall occupy, establish, and use the Property as I3orrotvcr's principal residence within 60 days alter the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, wdtich consent shall not he unreasonably NVithheld, or unless extenuating circumstances exist wvhicll are beyond Borrower's control 7. Preservation, 9laintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Properly to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition- Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. if insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. I ender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause. Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's loan Application. Borrower shall be in default if, during; the Loan application process, Borrower or any persons nr emetics acting at they direction of Borrower or with Borrower's knowledge or consent t'aliCoro ia Deed of Trust -Single 1 ily-Fannrr 513efireddie NIA(' I!niform Nsrrumem the 1 ornptianee Source. Inc. h.ge. (of 14 ww 11 co mplianc esource.com Form 3606 1101 14001CA 0 /011 Rea. 12i07 1:2000. Ube t umplinnce Source, Inc. II III I IIIII .III 49 IIIII II 3 4 2 Page 6 of 17 Attachment No. 2 gave materially false, misleading. or inaccurate information or statements to Lender tor tailed to provide Lender with material information) in connection with the Loan. Almeria] representations include, but are not limited to, representations concerning Borrower's occupancy' of the Property as Borrower's principal residence. 9. Protection or Lender's Interest in the Property and Rights Under this Security Instrument. if ta) Borrower tails to perform the covenants and agreements contained in this Security Instrument, (Iv) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy. prohate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce Taws or regulations). or Icy Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting andior assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any suns secured by a lien which has priority over this Security Instrument; ib) appearing in court; and lc) paying reasonahle attorneys' fees to protect its interest in the Property andior rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs. change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. ;Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. 1t is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed be Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest. upon notice front Lender to Borrower requesting payment. If this Security Instrument is on a leasehold_ Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. Burrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not. without the express written consent of Lender, alter or amend the ;;round lease. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the .Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required b. Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiuts for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage ,substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage Insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available Borrower shall continue to par to Lender the amount of'the separately designated payments that were due when the insurance coverage ceased to he in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable. notwithstanding the fact that the Loan is ultimately paid in full. and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. ),ender can no longer require loss reserve payments if Mortgage Insurance coverage On the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance, If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain .Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing fur such termination or until termination is required by Applicable Lay. Nothing in this Section 11) affects Borrower's obligation to pay interest at the rate provided in the Niue Mongage Insurance reimburses Lender ,or any entity that purchases the Note) for certain losses it may Met r il'llorrowcr does not repay the 1 oan as agreed_ Borrower is not a party to the Mortgage Insurance. (''ainornla ihcd of "Trust -Singly F amity-Pwink. 1Inea rr4 lit Mac Iniform Instrument he ( brnplinnre Source. Inc. W N N.t111U1)i)ialrrti))Urtr.tlUU Puce of14 Poem 301)5 POI tMIOIC'A (WOO Ito'. 123.)7 s`. 2000, I be ('ampii,ltce Source, inc 11)11 1 11111Z 4 1111 1)1 19 11 3 4 Page 7 of 17 Attachment No. 2 Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses_ 'Ihese agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity. or any affiliate of any of the foregoing. may receive (directly or indirectly) amounts that derive from {or might he characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. if such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance_" Further (a) Any such agreements will not affect the amounts That Borrower has agreed to pay for \lnrtgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) slay such agreements will not affect the rights Borrower has — if any with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the tortgage Insurance terminated automatically, and/or to receive a refund of any Nlrrtgage Insurance premiums that were unearned at the time of such cancellation or termination. II. ;Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall he paid to Lender. If the Property is damaged, such Aliscellancous Proceeds shall be applied to restoration or repair of the Propene, if the restoration or repair is economically feasible and Lender's security is not lessened_ During such repair and restoration period. !,ender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not he required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. 1 f the restoration or repair is not economically feasible or lender's security would be lessened, the Miscellaneous Proceeds shall he applied to the sums secured by this Security Instrument, whether or trot then due, with the excess, if any. paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess. if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the suns secured immediately before the partial taking, destruction, or Ioss in value divided by (h) the lair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event ofa partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking. destruction, or loss in value. unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument ayhcther or not the auaus are then due. If the Property is abandoned by Borrower, or it, after notice by Lender to Borrower that the Opposing Party tas defined in the nett sentence') offers to make an award to settle a claim fir damages, Borrower fails to respond to ("vlihrrma t?ctci of 1ruvP5rnylr F:un{k-Fannie n ddre "Inc tinifor ru irlJl rinnent Tire (-ornµlianee Sourer, Inc. Page 8 of I4 w.coniptian CLNI nrce.c im for 3rN1s 1,01 140)11('A 0i08 Rew-. 12 07 21100, -1 Ar 1 ornpiiance Source. Inc. 113111111114J111141111,111 Page 8of17 Attachment No. 2 Lender within 30 days after the date the notice is given, lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property- or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower ?Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in rot tenure of the Property or other material impairment of Lender's interest in the Propene or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred. reinstate as provided in Section Ir1. by causing the action or proceeding to he dismissed with a ruling that. in Lender's judnr rent, precludes forfeiture of Ole Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. file proceeds of any award of claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are net applied to restoration or repair of the Property shall he applied in the order provided for in Section 2_ 12. Borrower Not Released; Forbearance By Gender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in [merest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest or Borrower. Lender shall not he required to commence proceedings against ari Successor in Interest of 1301rower or to refuse to extend time for payment or otherwise modify amortization of the suns secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower_ .Any forbearance by Lender in exercising any right or remedy including, without limitation,. Lender's acceptance of payments from third persons, entities or Successors in interest of'l3orrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of anv right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall he joint and several. However, arty- Borrower who co-signs this Security instrument but does not execute the Note t a "cosigner"): (a) is co-signing this Security Instrument only to mortgage, grant and cony es the co-signer's interest in the Property under the terms of this Security Instrument, (b) is not personally obligated to pay the sums secured by this Security Instrument; and (e) agrees that lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the CO -signer's consent Subject to the provisions of Section 18, any Successor in interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by 1-ender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreerncltts of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14, 1,0011 (2harges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys- fees. property inspection and valuation fees. In regard to any other fees, the absence of'express authority in this Security Instrument to charge a specific feet 10 Borrower shall not be construed as a prohibition on the charging of such (tie. 1-ender may not charge fees thin are expressly prohibited by this Security Instrument or by Applicable Laws. If the Loan is'albjcct to a law which sets I112Ni111t1111 loan charges, and that law is finally interpreted so that the interest or other lo,11 charges collected or to he collected in connection with the Loan exceed the permitted limits, then: la1 any such loan charge shall be reduced by the amount necessary_ to reduce the charge to the, permitted limit; and ib) any sums 'already collected froin Borrower Which exceeded permitted limits will be refunded so Borrower. Lender may choose ell make this refund by reducing the principal owed under the Note or by making a direct pip n cn1 to 13orrcaser. if a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge isshether or not .t prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a 'waiver of any right of action Borrower ntiahl have arising' out o1such oserclraree. Cv1ifoenta Deed Off"n+_a-Single }hmilc- '11ue (ti+npliunce Source. Inc. .4.rumpliancesource, roar Wine/Freddie %Inc Uniform lnctrumrni 1'3ge '/ of 11 oral 31)1Y; I/111 1JIN114' Oti:1)0 {Iry _ 12,07 2000. the 4 bntptiance 50urct. Inc. II IIIII III 111111 IIIII II 3 4 2 1+ 9 Page 9 of 17 Attachment No. 2 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument trust be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shalt constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender, Borrower shall promptly notify Lender of Borrower's charge of address, If Lender specifies a procedure for reporting Borrower's change ofaddress, then Borrowver shall only report a change of' address through that specified procedure. There may he only one designated notice address under this Security instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another (address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security instrument is also required under Applicable Law, the .Applicable Law, requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it night be silent, hut such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can he given effect without the conflicting provision. As used in this Security Instrument: la) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 7. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. I8. -Transfer of the Property or a Beneficial Interest itt Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of tide by Borrower at a future date to a purchaser. ] f all or any part of the Property or any Interest in the Property, is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior tvritten consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If lender exercises this option, Lender shall give Borrower notice of acceleration. hie notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which 1s rrosver must pay all sums secured by this Security. Instrument. If Borrower fails to pay these sums prior to the espiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument, (h) such other period as Applicable Law might speed - for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. "those conditions are that Borrower: (a) pays Lender all surns which then %would he due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements: (e) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation tees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as 1.ender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument. and Borrower's obligation to pay the stuns secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of'the tuilelwing forms, as selected by Lender: (a) cash: (h) money order: tc1 certified check, hank check. treasurer's California Deed of"rro%r-Single Family -Fannie Nlac,Frrddie Mac Uniform Ins,rumenl 1 tic Compliance Source, Inc. Page In of 14 �tw ,n.comptianreso a t't'ecom Fong 3005 1,01 110411C:5 08'09 R. 12,117 2090,1 Compliant c Booed. Inc. 113 Z 111111111 I I I I 11114 911 I I I Page 10 of l7 Attachment No. 2 check or cashier's cheek, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or idt Electronic Funds Transfer. L:pon reinstatement by Borrower, this Security instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred_ However, ibis right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the yore and this Security Instrument and perform; other mortgage loan servicing obligations under the Note, .this Security Instrument. and Applicable Law. There also night be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should he made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain lvith the loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, loin. or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument ar that 'alleges that the other party has breached any provision of, or any duty owed by reason of. this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance tvith the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period alter the giving of such notice to lake corrective action. It -Applicable Law provides a time period which :rust elapse beiirie certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. the notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the nctiice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) `hazardous Substances" are those substances defined as toxic or hazardous substances. pollutants, or wastes by Environmental l..aw and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides- and herbicides, volatile solvents, materials containing asbestos or formaldehyde. and radioactive materials: (b)"Environmental Law" means federal laws and lawns of the jurisdiction where the Property is located that relate to health, safety, or environmental protection; (c) "Environmental Cleanup' includes any response action. remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" meant a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence. use, disposal, storage. or release of any Hazardous Substances, or threaten to release any I lazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Enmirt>mnental Law, (hi which creates an Environmental Condition. or ic) which. due to the presence_ tree, or release of a Hazardous Substance, creates a condition that adversely affects the value ut the Property. the preceding two sentences shall not apply to the presence. use, or storage on the Property, of small quantities of Hazardous Substances that are generally recognized to he appropriate to normal residential uses and to maintenance of the Property (includingg, but not limited to, hazardous substances in consumer products,. Borrower shalt promptly give Lender 'written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any hazardous Substance or Environmental Law of ~which Borrower has actual knowledge, (b) any Environmental Condition, including but nil limited to, any spilling, leaking, dischar,gc, release or threat of release of any I lazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. I1 Borrower learns. or is notified m any governmental or regulatory authority, or any private party, that any removal or other rernediation of ant I i.tzardous Substance affecting the Property is necessary. Borrower shall promptly take all necessary remedial actions in accordance tvith Environmental Law. ',Nothing herein shall create any' obligation on Lender ii,r an Environmental Cleanup t:ntifornia {)red of l uri tingle l arnih-,untie 'clue'Freddic %lac t nifurm tnstro mar `Ile Compliance Sourer. Inc. }'age 11 of 14 \Sur rc orrrgr 1 is n crxr n rccco nt ornr.30I15 1/111 1.4001(1 U8 011 New. 12107 17, Tar ( om ptiunte Sou rrt_ Inc. III II IIIIIIIIIII4IIIII 3 2 4 Pave 11 of 17 Attachment No. 2 NON Li' 1FOR.A1 COVENANTS. Borrower and Leader further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Burrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of tilt Burns secured by this Security Instrument and sale of the Property. "fhe notice shall farther inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may involve the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee shall cause this notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail copies of the notice as prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. Aster the time required by Applicable Law, 'Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sate of all or any parcel of the Property by public announcement Al the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. 'The recitals in the Trustee's deed shall be prima facie evidence afire truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (h) to all sums secured by this Security instrument; and (c) any excess to the person or persons legally entitled to it. 23. Reconseyance. Upon payment of all sums secured by this Security Instrument. Lender shall request Trustee to reconvev the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property' without warranty to the person or persons legally entitled to it. Lender may charge such person or frersons a reasonable fee for recnnvevine the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable Law If the fie charged does not exceed the fee set by Applicable Law_ the fee is conclusively presumed to be reasonable. 24. Substitute Trustee. tender, at its option, may from time to time appoint a successor trustee to any Trustee appointed hereunder by an instrument executed and acknowledged by Lender and recorded in the office of the Recorder of the county in hahich the Property is located. 'the instrument shall contain the name of the original Lender. Trustee and Borrower, the book and page where this Security instrument is recorded and the name and address of the successor trustee. Without conveyance of the Property-, the successor trustee shall succeed to all the title, posers and duties conferred upon the Trustee herein and by Applicable Law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution_ 25. Statement of Obligation Fee. (..ender may collect a lee not to exceed the maximum amount permitted by Applicable Law for furnishing the statement of obligation as provided by Section 29-t i of the Civil Code of California. tatlroruia llecd of Frrst-Single 1.amih- 1 he l'omplianre Sourer, lac. wr.o.connpliancc.ourcacnm nose 41ae/Prnfdie 3tac Uniform form Instrument Paym 12 of 14 Form 391)5 1111 1-1001e'.1 OSIQO Ilea_ 12It1? a 20n4 llrc Cnmpnancc Source. Inc II1111HhIIIIDI1HIII 3 4 2 4 9 Page 12 of 17 Attachment No. 2 BY SIGNIN(. BELOW. Burrower accepts and agrees to the terms and covenants contained in this Security instrument and in tiny Rider executed by Borrower and recorded with it. The undersigned Borrower requests that a copy of any Notice of Default and any Notice of Sale under this Security Instrument be mailed to him at the address of the Borrower set forth above. A copy of any Notice of Default and any Notice of Sale will he scot only to the address contained in this recorded request. tithe Borrower's address changes, a new request must be recorded. Alicia El. Hernandez State of County of (Seal) -Borrow e r [Printed Name) (Seal) -Borrower Printed Name) ACKNO Miguel S. Hernandez l,H:t){;NiF,NT (Seal) -Borrower [Printed Name) (Seal) -Borrower jl'rinted Name" On before me_ , personally appeared Alicia R. Hernandez, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isiare subscribed to the within instrument, and acknowledged to me that hctsherthey executed the same in his`her their authorized eapacityties), and that by hi', her'thcir signatttre(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENA1-1Y OF PERJ1 AY under the lass of the Stale or California that the foregoing paragraph is true and correct. ).t'ITNI:SS my hand find ofticial se,ri. Notan Public Printed Name Seal) \-I+ Conic sion I:.spires: 1. atifornia peat of Iru,st-Single f anlil)-Fannin M1Iat I-ndiln Alac 1 niforrn Inslt a ncnt 1 hr Cnmplinnre Sourer, Inc Pao,. Li of 1-1 n n n.compi inn CtSB WTCCOnl Form 300 t.'Ot I -5 0811)0 Rev. 131n" 20011, The (ompliant a Source, Inc 11 111 11II211 ll1il 1111 III 3 4 4 9 Page 13 of 17 Attachment No. 2 State of County of On before me, . personally appeared llignel S. Hernandez. who proved to me on the basis of satisfactory evidence to he the person(st whose name(s) is,'arc subscribed to the within instrument, and acknowledged to me that he`she'thcv executed the same in his!her1heir authorized eaplcitv(ies). and that by iris'hertheir signaturets) on the instrument the person(s), or the entity" upon behalf of which the person(s) acted, executed the instrument. ccrtifv under PENALTY OF PERJURY under the lams of the State of C'aliti>rnia that the foregoing paragraph is true and correct. WITNESS my hand l seal. Notary Puhlic Printed Name Nly Commission (xpires. (."alilornia Iced or rust Single F,unik-Fnnnic 1-lac/Freddie Ahic 1 nifonu instrument The Compliance Source. Inc. I'aRe IA of 14 " n$1. cIln]pli 10Ce$0t1 rt-e.com Porm 3005 1i01 WW1(A 0$!0I Hex. 12/07 2I,00. "1 11e 1'mn plia nie Source. Inc. 11)1111.11q1l I1 IIIII III 4 9 Page 14 of 17 Attachment No. 2 Loan Origination Company N +I1.S Identifier: Loan Originator N\11 S 1'nique Identifier: 644668 Loan NO.: 34249 PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNff DEVELOPMENT RIDER is made this 7th day of September, 2011, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date, given b) the undersigned (the "Borrower") to secure Borrower's Note to San Diego County Credit 1 anion (the "Lender') of the same date and covering the Property described in the Security Instrument and located at 1334 lecolote Court, National City, CA 91950 [Property Address) The Property inchides, but is not limited to, a parcel of land improved with a duelling, together with ether such parcels and certain common areas and facilities, as described in Declaration of Covenants. Conditions, and Restrictions (the "Declaration"). The Property is a part ot'a planned unit development known as: leeolole '.Name of Planned Unit Development] (the "PdtD"). 'The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the Pt:D (the "Owners Association') and the uses, benefits wal proceeds of Borrower's interest. PUld COVENANTS. EN. NTS. in addition to the covenants and ngrce lents trade in the Security Instrument, Borrower and Lender further eusemail and agree as follows: A, PUB Obligations. Borrower shall perI win a1I of Borrower'; obligations under the PLD`s Constituent Documents. The `Constituent Documents" are the (i) Declaration; list articles of incorporation. trust instrument or any equivalent document which creates the Owners Association: and t its) any by-laws or other rules or regulations of the Owners Assr1ciafion. 13orrcwer shall promptly pay, .when clue, all dues anti assessments imposed pursuant to the Constituent Documents. Mali bong P11) Hider-Sinef0 Far 1 :emit .Mac?Freddie ltue Uniform lna!rument Form 3150 1101 -the (-nmpliunce Source, Inc. Pare 1 of 3 14501 5lC 1)8i0U Her. 11104 ,unc cumin ianccsourtr.com , 20011-2004, 1 he Cumplianct Source, Inc. 11 !I i 4? 4 111I1 IIIII 11I9 I1 Ill 3 Page 15 of 17 Attachment No. 2 B. Property Insurance, So long as the Owners Association maintains_ with a generally accepted insurance carrier. a "master" or "blanket" policy insuring the Property which is satisfactory to Lender and which provides Insurance coverage in the amounts (including deductible levels), fir the periods, and against loss by tire, hazards included within the term "extended coverage." and any other hazards, including, but not limited to, earthquakes and Ilcmds, for which Lender requires insurance, then: tit Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower's obligation under Sections to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change during the term of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shah he paid to Lender. Lender shall apply the proceeds to the sums secured by the Security, Instrument, whether or not then due, with the excess, ifany, paid to Borrower. C. Public Liability Insurance, Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount. and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property or the common areas and tacilities of the (IUD, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to tender. Such proceeds shall be applied by Lender to the sums secured by the Security_ Instnnnent as provided in Section 11. IS. Lender's Prior Consent. Borrower shall not, except after notice to lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: tit the abandonment or termination of the PLtll, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the "Constituent Documents- if the provision is Ihr the express benefit of Lender: (iii) termination of professional management and assumption of self -management of the Owners Association: or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to lender. F. Remedies. 11 i3orrim er does not pay Pl_'.17 dues and assessments when due, then Lender may pay them. Anv amounts disbursed by fender under this paragraph F shall become additional debt of Borrower secured N1nitista le Pt '1) Rider--SEr:el l he Compliance Sourer, Inc. swn.rnurplin necsnureenan Fannie Shrr/Freddie %lac Cariforan Insrrumcnl fare 2 of 3 Far nt 3150 It111 IJ50I,d 1; 01004? Rev, 11104 20O0.1H)3,-I he tnmpli aocr. source hDC. II Illll illli IIII 11111I 3 4 z 4 9 I'age 16 of 17 Attachment No. 2 by the Security Instrument. finless Borrower and tender agree to other terms of payment, these amounts shall hear interest From the date of disbursement at the rote rate and shall he payable, V. interest. 111)011 notice from Lender to Boner;:er requesting payment. BY SIGNING 13FLOw, Borrower accepts and aerces to the terms and covenants contained in this PUI) hider. .Iicia 13. Hernandec iSeall iSeah -Borrower Miguel S. Hernandez -Borrower (Seal) -Borrower >Itiltist:tte PI 1) Ruler-Sirwic I mall% I';+nnie 3toelF ntidie Alac Cnironn l F4 4nen1 The moon pliant Source. lac. Page 3 or3 H w%cxoinpliance,na rtt.com (Sean -Borrower Sign Original Only] Mot al 31 SO 1101 I4Stl 111i & O8,110 Rev. 1110d '000-2003, The Compliroct Source. Inc. 113 I1111I 4211I4 9 11Ill Patzc 17 of 17 Item # 41 9/6/2011 "Update on Citywide Bus Stop Inventory and Bus Shelter Grant" (DEVELOPMENT SERVICES) ITEM #42 9/6/11 CLOSED SESSION REPORT (CITY ATTORNEY)