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Home My WebLink About2011 12-06 CC CDC AGENDA PKTAgenda Of A Regular Meeting — National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting — Tuesday — December 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 theCityClerk's Office at (619) 336-4228_to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretation en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcitvca.qov PRESENTATIONS 1. Employee of the Month of December, 2011 — Lauren Maxilom, Neighborhood Council Specialist 2. Recognizing Joe H.A. Smith, Public Works Director for his 30 years of service. 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. 3. Approval of the Minutes of the Regular City Council/Community Development Commission Meetings of November 1, 2011 and November 15, 2011. (City Clerk) 4. 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) 5. Resolution of the City Council of the City of National City authorizing the installation of 30-minute time -restricted parking on the north side of the 2400 block of E. 24th Street near the National School District Preschool Center to enhance traffic circulation and pedestrian safety. (Traffic Safety Committee Item No. 2011-27) (Development Services/Engineering) 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute a second amendment to the Agreement with Harris & Associates, Inc. for a not -to -exceed amount of $64,901 to provide additional design services for the 8th Street Smart Growth Revitalization project resulting from SDG&E's changes to their 8th Street Rule 20A Utility Undergrounding design and corresponding revisions to the project schedule and scope. (Development Services/Engineering) LONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City authorizing an amendment to the 2010 Regional Transportation Improvement Program (RTIP) to revise TransNet funding allocations for Plaza Boulevard Widening, Street Resurfacing and Traffic Signal Install/Upgrade projects through Fiscal Year 2014-2015; and to include the Highland Avenue Community Corridor Project, the 4th Street Community Corridor Project and the Citywide Safe Routes to School Project in the 2010 RTIP; and to allocate TransNet funding to said new projects for Fiscal Year 2011-2012. (Development Services/Engineering) 8. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the National School District for partial funding for the School Resource Officer Program. The City of National City will be reimbursed $61,917 for Fiscal Year 2011 and $61,917 for Fiscal Year 2012 for a two year total of $123,834 for Police School Resource Officer Services. (Police) 9. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the Sweetwater Union High School for partial funding for the School Resource Officer Program. The City of National City will be reimbursed $80,000 for the FY 2011 and $.80,000 for the FY 2012, for a two year total of $160,000 for the Police Resource Officer Services. (Police) 10. Resolution of the City Council of the City of National City authorizing a one year extension of the Agreement between the City Of National City and Meyers Nave Professional Law Corporation for legal services in the specialized area of labor law and increasing the Agreement by $75,000 for a total not to exceed dollar amount of $125,000. (Human Resources) 11. Resolution of Intention of the City of National City to approve an amendment to the contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of National City to provide for a 3% @ 55 full formula benefit for Fire Safety Members entering membership for the first time in the Firefighters' Association. (Human Resources) **Companion Item #25** 12. Resolution of the City Council of the City of National City approving the Memorandum of Understanding between the City of National City and the National City Police Officers' Association for the term July 1, 2011 through June 30, 2014. (Human Resources) CONSENT CALENDAR (Cont.) 13. Resolution of the City Council of the City of National City modifying the contribution rates to the Public Employees' Retirement System by decreasing the City's contribution and incrementally increasing the member contribution paid by the City of National City's Police Officers' Association represented employees reaching a 100% employee contribution in July, 2013. (Human Resources) 14. Resolution of the City Council of the City of National City approving the negotiated compensation plan for the unrepresented Confidential employee group for the term January 1, 2012 through December 31, 2014. (Human Resources) 15. Resolution of the City Council of the City of National City modifying the contribution rates to the Public Employees' Retirement System by eliminating the City's contribution and increasing to 8% the member contribution paid by the City of National City's miscellaneous employees, Confidential Employee Group Subset. (Human Resources) 16. Authorizing the issuance of a Request for Proposals (RFP) for Vehicle and Equipment Maintenance. Prospective firms/teams will be required to accommodate working space for the City mechanics and demonstrate how they can provide routine and as needed services. (Public Works) 17. Temporary Use Permit — Sweetwater Harley Davidson Christmas Party for Military Group "Center Information Dominant" at 3201 Hoover Avenue on December 8, 2011 from 6:00 pm to 12:00 am with no waiver of fees. (Neighborhood Services) 18. Temporary Use Permit — Christmas with Kids hosted by the Boozefighters Motorcycle Club at 222 E. 3rd Street on December 25, 2011 from 6:00 am to 2:00 pm. The applicant has requested a waiver of fees. (Neighborhood Services) 19. Temporary Use Permit — Integrity Charter School's Spring Festival hosted by Integrity Educational Foundation on 'A' Avenue between 7th and 8th Streets on March 2, 2012 from 4:00 pm to 9:00 pm with no waiver of fees. (Neighborhood Services) CONSENT CALENDAR (Cont.) 20. Request to use the Martin Luther King Jr. Community Center (North Room) by National City College Campus Lions Club for a Spirit of the Holidays toy giveaway on Saturday, December 17, 2011 from 5:00 am to 1:00 pm for approximately 300-350 families. The applicant has requested a waiver of fees. (Public Works) 21. National City Sales tax Update — Second Quarter 2011. (City Manager) 22. WARRANT REGISTER #18 Warrant Register #18 or the period of 10/26/11 through 11/01/11 in the amount of $1,879,580.08. (Finance) 23. WARRANT REGISTER #19 Warrant Register #19 for the period of 11/02/11 through 11/08/11 in the amount of $625,525.68. (Finance) PUBLIC HEARING 24. Public Hearing — Modification of a previously approved Tentative Subdivision Map for the Harbor View Condominiums located at 819 D Avenue. (Applicant: Andrew Held) (Case File 2011-26-S) (Development Services/Planning) **Companion Item #26** ORDINANCE FOR INTRODUCTION 25. Introduction of an Ordinance of the City Council of the City of National City to approve an amendment to the contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of National City to provide for a 3% @ 55 full formula benefit for Fire Safety Members entering membership for the first time in the Firefighters' Association. (Human Resources) **Companion Item #11** NON CONSENT RESOLUTIONS 26. Resolution of the City Council of the City of National City approving a modification of a previously approved Tentative Subdivision Map for the Harbor View Condominiums located at 819 D Avenue. (Applicant: Andrew Held) (Case File 2011-26 S) (Development Services/Planning) **Companion Item #24** NON CONSENT RESOLUTIONS (Cont.) 27. Resolution of the City Council of the City of National City taking action on a Conditional Use Permit for the construction of a foodmart with accessory beer and wine sales at an existing Shell gas station at 1601 East 8th Street. (Applicant: Vintners Distribution, Inc.) (Case File 2011-03 CUP) Development Services/Engineering) NEW BUSINESS 28. Public meeting to accept comments for the consideration of establishing the National City Tourism Marketing District and levy of assessments. (Administrative Services) 29. Update on the Quality of Life Facilities Plan. (Community Services) 30. Staff Presentation: 2011 State of California Budget and Legislative Update. (City Manager/City Attorney) 31. Request to schedule meeting date for Community Planning and Fiscal Year 2011-12 Mid -Year Budget Review. (City Manager) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 32. Authorize the reimbursement of Community Development Commission expenditures in the amount of $290,206.06 to the City of National City for the period of 10/26/11 through 11/01/11. (Finance) 33. Authorize the reimbursement of Community Development Commission expenditures in the amount of $116,933.68 to the City of National City for the period of 11/02/11 through 11/08/11. (Finance) STAFF REPORTS 34. Furlough update. (Human Resources) STAFF REPORTS (Cont.) 35. Costco Letter RE: National City CWI Industries, Optical Plant 1001 W. 19th Avenue. (City Manager) 36. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Adjourned Regular City Council and Community Development Commission Meeting — Tuesday — January 10, 2011 — 6:00 p.m. — Council Chambers — National City, California (Please see attached Modified City Council Meeting Schedule) OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax NOTICE OF MODIFIED CITY COUNCIL MEETING SCHEDULE Please be advised that the City Council has adopted the following modified meeting schedule for December 2011 and January 2012. 2011 December 6 2012 January 10 January 24 Meeting — 6:00 p.m. Meeting — 6:00 p.m. Meeting — 6:00 p.m. Beginning in February 2012, the normal City Council Meeting Schedule (the first and third Tuesday of the month) will resume. ITEM #1 CALIFORNIA NATIONAL Cl auatt MEMORANDUM November 22, 2011 TO FROM SUBJECT INCORPORATED - Chris Zapata, City .Manager er 7 , / Stacey Stevenson, f>y man Resources Director EMPLOYEE OHE MONTH PROGRAM 12/6/11 The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in December 2011 is Lauren Maxilom — Neighborhood Council Specialist By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, December 06, 2011 to be recognized for her achievement and service. Attachment cc: Lauren Maxilom Brad Raulston — Executive Assistant Jessica Cissel — Recreation Superintendent Josie Flores -Clark — Executive Assistant Human Resources — Office File SS:Igr Performance Recognition Program (2) Human Resources Department 140 E. 12th Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov City of National City Performance Recognition Award Nomination Form I nominate (_a. U \ ill M ( Off) CECF.1 Vt1,; for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not to exceed 150 total words. Please be as specific as possible when giving your examples. Lauren D. Maxilom has been a valuable employee of the City of National City for over six years, all spent within the Community Services Department. Lauren's commitment to the Department takes her the extra mile to serve our City and its residents. She has been an integral part of our Department especially with the recent reduction of staff. Lauren has gladly taken on more responsibility and taken initiative to help make the Department more effective. Lauren possesses exceptional communication and organizational skills which are evident in her current capacity as the Neighborhood Council Specialist. Regular duties of her position include coordinating and running regular meetings and making sure that Action Requests are submitted and responded to in a timely fashion. This tasking requires constant communication and collaboration with other City departments. In addition, Lauren staffs the Community and Police Relations Commission, the Public Art Committee, and serves as a City liason for various special events. ThENT FORWARD COMPLETED NOMINATION TO: Nominated by: Signature: National City Performance Recognition Program Human Resources Department Brit ak R t S-? — u. J-rss+Gtk Date: i 1 1Zt 111 ITE 1 #2 12/6/11 DATE TO FROM SUBJECT RECEIVED NOV 1 2011 City of National City MEMORANDUM November 10, 2011 Lavonne Watts, Executive Assistant IV (City Manager's Office) Josie Flores -Clark, Executive Assistant III (Mayor/Council Office) Lilia Munoz, HR Technician ANNIVERSARY RECOGNITION The following City employee will complete his thirty years of service with the City of National City on December 8, 2011: NAME Joe N.A. Smith POSITION Director of Public Works HIRED December 8, 1981 As part of the Employee Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of Tuesday December 6. 2011. If this is acceptable, please make the necessary arrangements and send confirmation of the schedule to the employee, department and our office. The recognition letter, gift catalog and anniversary pin will be sent prior to the presentation. Thank you. cc: Joe Smith, Director of Public Works Brad Raulston, Comm. Development Executive Director WRecognition Program ITEM #3 12/6/11 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS OF NOVEMBER 1, 2011 AND NOVEMBER 15, 2011 (CITY CLERK) �'<mennu no �•D City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced andlor adopted after a reading of only the title." ITEM 44 12/6/11 Recycled Paper CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2011 AGENDA ITEM NO. 5 EM TITLE: Resolution of the City Council of the City of National City authorizing the installation of 30-minute time - restricted parking on the north side of the 2400 block of E. 24th Street near the National School District Preschool Center to enhance traffic circulation and pedestrian safety (TSC Item No. 2011-27) PREPARED BY: Stephen Manganiello, Traffic Engineer %I�'r� DEPARTMENT: DeveJces / PHONE: 619-336-4382 APPROVED BX- EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on November 30, 2011 the Traffic Safety Committee approved the staff recommendation to install 30-minute time -restricted parking near the Preschool Center. ATTACHMENTS: xplanation .esolution 3. Staff Report to the Traffic Safety Committee (November 30, 2011) Explanation Katie Filzenger, Assistant Superintendent of the National School District, and Ms. Rita Palet, Director of Early Childhood Programs for the National School District, requested time -restricted parking on the north side of the 2400 block of E. 24th Street to allow parents to park and check -in / check-out their students at the Preschool. According to Ms. Filzenger and Ms. Palet, the Preschool Center has very limited parking. There are only six parking spaces in the parking lot at the front of the building. Because preschool policy requires that every parent come into the classroom each day to sign -in and sign -out their preschooler, those spaces are in high demand. Parents try to get as near as possible to the front entrance, and often "double-park" in those spaces. When the lot is full, parents will park in the very small passenger loading zone on the street or illegally park in the red curb zone, and then walk across the grass and directly into the middle of the parking lot area where cars are pulling in and backing out. They are concerned about safety. Staff visited the site and agrees that the on -site parking spaces are not sufficient, resulting in parents having to park on the street. By providing 30-minute parking just east of the school driveway, parents will have more opportunities to park on the same side of the street as the school, rather than parking on the south side and crossing midblock against traffic. The 30-minute parking will be restricted from 7:00am-4:00pm, Monday -Friday to allow residents to park overnight. The addition of 30-minute parking will also allow for the conversion of two, 3- minute passenger loading spaces on E. 24th Street in front of the school to red curb "No Parking" to allow for school bus loading. The School District has agreed to install a fence in front of the school with signs directing parents and students to the ADA pathway through the parking lot, where they are more visible to drivers. They will also coordinate with the Preschool to provide supervisors to direct parents to the pathway. Staff recommends the following parking improvements on the north side of the 2400 block of E. 24th Street near the National School District Preschool Center to enhance traffic circulation and pedestrian safety: 1) Install 180 feet of 30-minute parking for preschool drop-off/pick-up and visitors, restricted from 7:00am-4:00pm, Monday -Friday. 2) Convert 40 feet of 3-minute passenger loading to red curb "No Parking" to allow for school bus loading. The parking improvements will be completed by City Public Works. TSC 2011-27 RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF 30-MINUTE TIME -RESTRICTED PARKING SIGNED FROM 7:00 A.M. TO 4:00 P.M., MONDAY THROUGH FRIDAY, AND THE CONVERSION OF 40 FEET OF 3-MINUTE PASSENGER LOADING TO RED CURB "NO PARKING" ON THE NORTH SIDE OF THE 2400 BLOCK OF EAST 24TH STREET NEAR THE NATIONAL CITY SCHOOL DISTRICT PRESCHOOL CENTER TO ENHANCE TRAFFIC CIRCULATION AND PEDESTRIAN SAFETY WHEREAS, the Assistant Superintendent and the Director of Early Childhood Programs for the National School District have requested time -restricted parking on the north side of the 2400 block of East 24th Street to allow parents to park and drop-off/pick-up their student at the National City School District Preschool Center; and WHEREAS, after conducting an inspection and review, staff recommends the following improvements on the north side of the 2400 block of East 24th Street: 1. Install 180 feet of signed 30-minute parking for visitors and preschool drop-off/pick-up, restricted from 7:00 a.m. to 4:00 p.m., Monday through Friday; 2. Convert 40 feet of 3-minute passenger loading/unloading to red curb "No Parking" to allow for school bus loading and unloading; and WHEREAS, the Traffic Safety Committee approved staffs recommendation at its November 30, 2011 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of 180 feet of signed 30-minute parking for visitors and preschool drop-off/pick-up, restricted from 7:00 a.m. to 4:00 p.m., Monday through Friday, and the conversion of 40 feet of 3-minute passenger loading/unloading to red curb "No Parking" to allow for school bus loading and unloading on the north side of the 2400 block of East 24th Street. PASSED and ADOPTED this 6th day of December, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia Gacitua Silva City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR NOVEMBER 30, 2011 ITEM TITLE: 1 REQUEST FOR TIME -RESTRICTED PARKING ON THE NORTH SIDE OF THE 2400 BLOCK OF E. 24TH STREET NEAR THE NATIONAL SCHOOL DISTRICT PRESCHOOL CENTER (BY: K. FILZENGER AND R. PALET) PREPARED BY: Stephen Manganiello, Engineering Division DISCUSSION: Ms. Katie Filzenger, Assistant Superintendent of the National School District, and Ms. Rita Palet, Director of Early Childhood Programs for the National School District, have requested time -restricted parking on the north side of the 2400 block of E. 24th Street to allow parents to park and check -in / check-out their students at the Preschool. According to Ms. Filzenger and Ms. Palet, the Preschool Center has very limited parking. There are only six parking spaces in the parking lot at the front of the building. Because preschool policy requires that every parent come into the classroom each day to sign -in and sign -out their preschooler, those spaces are in high demand. Parents try to get as near as possible to the front entrance, and often "double-park" in those spaces. When the lot is full, parents will park in the very small passenger loading zone on the street or illegally park in the red curb zone, and then walk across the grass and directly into the middle of the parking lot area where cars are pulling in and backing out. They are concerned about safety. Staff visited the site and agrees that the on -site parking spaces are not sufficient, resulting in parents having to park on the street. By providing 30-minute parking just east of the school driveway, parents will have more opportunities to park on the same side of the street as the school, rather than parking on the south side and crossing midblock against traffic. The 30-minute parking will be restricted from 7:00am-4:00pm, Monday -Friday to allow residents to park overnight. The addition of 30-minute parking will also allow for the conversion of two, 3-minute passenger loading spaces on E. 24`h Street in front of the school to red curb "No Parking" to allow for school bus loading. The School District has agreed to install a fence in front of the school with signs directing parents and students to the ADA pathway through the parking lot, where they are more visible to drivers. They will also coordinate with the Preschool to provide supervisors to direct parents to the pathway. i STAFF RECOMMENDATION: Staff recommends the following parking improvements on the north side of the 2400 `' ck of E. 24Lh Street near the National School District Preschool Center to enhance traffic circulation and pedestrian safety: 1) Install 180 feet of 30-minute parking for preschool drop-off/pick-up and visitors, restricted from 7:00am-4:00pm, Monday -Friday. 2) Convert 40 feet of 3-minute passenger loading to red curb "No Parking" to allow for school bus loading. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2011-27 2 From: Katie Filzenger [Katie.Filzenger@nationaLk12.ca.us] Sent: Monday, October 31, 2011 9:21 AM To: Stephen Manganiello Cc: Rita Palet Subject: RE: Traffic study meeting re Preschool center The Preschool Center has very limited parking. There are only six parking spaces in the parking lot at the front of the building. Because preschool policy requires that every parent come into the classroom each day to sign -in and sign -out their preschooler, those spaces are much in demand. Parents, wanting to get as near as possible to the front entrance, double park in those spaces. Parents who park in the very small loading zone on the street often walk across the grass and directly into the middle of the parking lot area, making it a dangerous situation when cars are backing out of spaces, waiting for spaces or parking on the red curb. Providing additional loading zone spots on the north side of 24th street will encourage parents to park on the street. It will also keep parents and students on the sidewalk rather than running across 24th Street. The addition of a short fence in front of the building will keep parents from walking directly into the parking area. The fence, gate and signs provided by the district will direct parents and students to use the crosswalk at the west end of the parking lot, which is away from parking spaces. To help train parents in the first few weeks of the new procedures, the Center will hire morning supervisory staff to direct parents and students to use the new entrance to the Center. Katie Filzenger Assistant Superintendent National School District (619) 336-7742 Katie.Filzenger@national.kl2.ca.us 3 Location Map with Recommended Improvements Install wooden fence in landscape strip with signs directing pedestrians to use the handicap access ramp and walkway through the school parking lot Install "No Ped Access Use Walkway" sign with directional arrow Install 180' of 30-minute parking for school drop-off/pick-up and visitors, restricted from 7AM-4PM, M-F Remove 40' white curb "Passenger Loading" and install red curb with "No Parking School Bus Only" signs ( Preschool Center, 2401 E. 24th Street (looking northeast) E. 24th Street, east of Preschool Center (looking northwest) 5 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT METING DATE: December 6, 2011 AGENDA ITEM NO. 6 fEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a second amendment to the agreement with Harris & Associates, Inc. for a not -to -exceed amount of $64,901 to provide additional design services for the 8th Street Smart Growth Revitalization project resulting from SDG&E's changes to their 8th Street Rule 20A Utility Undergrounding design and corresponding revisions to the project schedule and scope PREPARED BY: Stephen Manganiello, Traffic Engineer 1. DEPARTMENT: PHONE: 619-336-4382 APPROVED BY: EXPLANATION: See attached. Jg. iJs.(i Development Services / Engineering FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS Funding is available through account #511-409-500-498-3918 (Tax Increment Fund for 8th Street Smart Growth Revitalization Project); $500,000 was previously appropriated to the project. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Explanation c. Second Amendment 3. Resolution Explanation On March 2, 2010, per City Council Resolution 2010-28, Harris & Associates, Inc. entered into an agreement ("the Agreement") with the City in the amount of $299,814 to provide civil engineering services for the National City 8th Street Smart Growth Revitalization Project from the Trolley Station to D Avenue. On February 15, 2011, per City Council Resolution 2011-32, the First Amendment to the Agreement was executed in the amount of $211,446 to include preparation of plans, specifications and estimates for the 8th Street Safe Routes to School Project from D Avenue to Highland Avenue, which serves as an extension of the 8th Street Smart Growth Revitalization Project. Prior to completing said projects, the overhead utilities on 8th Street between National City Boulevard and Highland Avenue are scheduled for undergrounding. As part of the scope of services, Harris & Associates prepared construction plans for the utility undergrounding based on SDG&E's base design. Two weeks prior to finalizing the construction plans, SDG&E provided significant design changes to their drawings, which will result in revisions to both the final utility undergrounding construction plans and streetscape enhancement plans. The total cost to revise the plan sets as provided by Harris & Associates is $64,901 per the attached Second Amendment. In order to minimize further impacts to the project schedule and meet the grant requirements, staff recommends execution of a Second Amendment to the Agreement with Harris & Associates, Inc. for a not -to -exceed amount of $64,901 to include additional design services for the 8th Street Smart Growth Revitalization Project resulting from SDG&E's changes to their 8th Street Rule 20A Utility Undergrounding design and corresponding revisions to the project schedule and scope. RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH HARRIS & ASSOCIATES, INC., FOR A NOT -TO -EXCEED AMOUNT OF $64,901 TO PROVIDE ADDITIONAL DESIGN SERVICES FOR THE NATIONAL CITY 8TH STREET SMART GROWTH REVITALIZATION PROJECT RESULTING FROM SDG&E'S CHANGES TO THEIR 8TH STREET RULE 20A UTILITY UNDERGROUNDING DESIGN AND CORRESPONDING REVISIONS TO THE PROJECT SCHEDULE AND SCOPE WHEREAS, on March 2, 2010, the City Council adopted Resolution No. 2010-28 approving an agreement with Harris & Associates, Inc., in the not -to -exceed amount of $299,814 to provide Civil Engineering Services for the National City 8th Street Smart Growth Revitalization Project; and WHEREAS, on February 15, 2011, the City Council adopted Resolution No. 2011-32, approving the First Amendment to the Agreement in the not -to -exceed amount of $211,446 to provide additional Civil Engineering Services to include preparation of plans, specifications and estimates for the National City 8th Street Safe Routes to School Project, which will serves as an extension of the 8th Street Smart Growth Revitalization Project; and WHEREAS, prior to completing the 8th Street Smart Growth Revitalization Project and the 8th Street Safe Routes to School Project, the overhead utilities on 8th Street between National City Boulevard and Highland Avenue are scheduled for undergrounding. Harris & Associates, Inc. prepared construction plans for the utility undergrounding based on SDG&E's base design; and WHEREAS, recently, SDG&E made significant design changes to their 8`h Street Rule 20A Utility Undergrounding drawings. Due to those changes, it is necessary to execute a Second Amendment to the Agreement with Harris & Associates to provide for revisions to the final utility undergrounding construction plans and streetscape enhancement plans at a cost of $64,901. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Second Amendment to the Agreement with Harris & Associates, Inc., in the not -to -exceed amount of $64,901 to provide additional Civil Engineering Services to revise the final utility undergrounding construction plans and streetscape enhancement plans on 8th Street between National City Boulevard and Highland Avenue for the 8th Street Smart Growth Revitalization Project due to significant design changes made by SDG&E. Said Second Amendment to the Agreement in on file in the Office of the City Clerk. PASSED and ADOPTED this 6th day of December, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia Gacitua Silva, City Attorney SECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND HARRIS & ASSOCIATES, INC This Amendment to Agreement is entered into this 6th day of December, 2011 by and between the City of National City, a municipal corporation ("CITY"), and Harris & Associates, Inc. (the "CONSULTANT"). RECITALS A. The CITY and the CONSULTANT entered into an agreement on March 2, 2010, ("the Agreement"), wherein the CONSULTANT agreed to provide civil engineering services for the National City 8th Street Smart Growth Revitalization Project (City Council Resolution 2010-28). B. On February 15, 2011, the First Amendment was entered into in the amount of $211,446 to include preparation of plans, specifications and estimates for 8th Street Safe Routes to School Project from D Avenue to Highland Avenue (City Council Resolution 2010-32 C. The parties desire to again amend the Agreement. NOW, THEREFORE, the parties hereto agree that the Agreement is amended to include additional design services resulting from SDG&E 8th Street Rule 20A project changes and other revisions to the project schedule and scope as outlined in the attached scope of work (Exhibit "A") in the amount of $64,901. Each and every term of the Agreement shall remain in full force and effect, except for the amendment contained herein, unless otherwise previously amended. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY HARRIS SOCIATES, INC. By: By: Ron Morrison, Mayor (Naive) kb s. (Print) APPROVED AS TO FORM: (Title) Claudia G. Silva City Attorney By ame)-e) c) ii.t 1 01. J11••-c lrv) dN, S (Print) VkC(- �tLt $(✓1av( (Title) 1 Harris & Associates. Shaping the Future, One Project at a Time October 25, 2011 Mr. Stephen Manganiello City Traffic Engineer City of National City 1243 National City Boulevard National City, CA 91950 EXHIBIT A Subject: Professional Engineering Services for Additional Engineering Services for the 8"' Street Smart Growth Rehabilitation — Revision to Composite Utility Plan and Project Schedule Dear Steve, This proposal is pursuant to our discussions and request by the City to provide additional services resulting from SDG&E 8`h Street Rule 20A project design changes and other revisions to the project schedule and scope of services. The following will provide an itemized list of project scope: Task 1.0- Composite Utility Plan a. Incorporate SDG&E, AT&T, Cox and Nexhorizon's updated designs into the composite utility exhibit. These changes will include the adding all additional utility equipment and revise trench routes, conduit sizes, trench details, and typical street sections. b. Coordinate updated composite utility exhibit with proposed civil, landscape and sewer improvements. c. Update Nexhorizon CATV design after receiving Cox's updated design. d. Provide coordination with AT&T and Cox for SDG&E's revisions for their updated designs. e. Update opinion of probable construction utility cost estimate to reflect SDG&E changes. Task 2.0- Revisions to Civil Plans The revised SDG&E will result in design changes as it relates to the design of proposed water quality drainage piping and coordination of proposed above ground SDG&E facilities with 811' Street Smart Growth roadway improvements design. Task 3.0- Revision to Landscape & Irrigation Plans The revised SDG&E design significantly changes streetscape, irrigation, and relocations of the streetscape elements and plan, reassessment of the irrigation plan, and construction drawings. Task 4.0- Coordination with Proposed Sewer Improvements Per the City's request, Harris coordinated with Project Professionals Corporation (PPC) for the proposed sewer improvements on 8°i Street. Our coordination included review of the proposed sewer 2 October 25, 2011 Steve Manganiello Page 2 of 2 improvement plans and providing comments with regards to required revisions to coordinate with proposed 8`h Street roadway strectscape and drainage improvements. In addition, Harris coordinated with Caltrans in amending the Caltrans encroachment permit application to include the proposed sewer improvements as part of the 8th Street Smart Growth Rehabilitation project application. Task 5.0- Project Management and Review of Meetings Based on our original proposal, and subsequent amendments, we included a total of twenty two meetings in our scope of services. To date, we have attended nineteen meetings in addition to meetings attended with the various utility agencies. We anticipate that an additional eight review meetings will be required throughout the completion of the project. Based on the original project schedule, the project construction documents for the rule 20A conversion, and the 8th Street Smart Growth Rehabilitation projects, were to be completed in June and September 2011, respectively. However, due to delays by SDG&E and new SDG&E design changes, the project schedule will be stretched into winter 2012. The extension of the project schedule has resulted in lost design efficiency and additional effort by Harris and the design team. FEES Harris & Associates proposes to provide the above services for the total "not -to -exceed" fee of $64,901. A breakdown of the proposed fee is presented for your information and use in evaluating this proposal. Our services would continue to be invoiced monthly based on the actual hours of work completed. Our services would be accomplished per an agreement with the City and all terms and conditions would be stated therein. Sincerely, Harris & Associates Ehab Gerges, PE Cc: Chuck Brown, Ilarris & Associates Dan Lee, Harris & Associates 3 HARRIS & ASSOCIATES City of National 8th Street Smart Growth Fee Proposal Revision to Composite Utility Plan Project Schedule Harris Sub- Consultants Task'Subtask Task 1 0 Composite Utility Plan Composite Utility Plan PD $190 PE $169 8 DE $125 TECH $90 16 Butsko $12,755 KTU+A Subtotals $15,547 Subtotal Hours = 0 8 0 16 24 Subtotal($)= $0 $1,352 $0 $1,440 $12,755 $0 S15,547 Task 2.0 Revisions to Civil Plans Revisions to Civil Plans 8 16 24 40 S10,824 Subtotal Hours = 8 t l61 24 40 88 Subtotal($)= $1,520 S2,7041 S3,000 S3,600 $0 $0I S10,824 Task 3.0 Revision to Landscape & Irrigation Plans Revisions to Landscape Irrigation Plans j S11,000 $11,000 Subtotal Hours = 0 01 0 0 01 Subtotal ($)--- $0 $01 $0 $0 $0 S11,000 S11,000 Task 4.0 Coordination with Proposed Sewer Imprvmts. Coordination with Proposed Sewer Improvements 2 12 20 $4,908 Subtotal Hours = 2 12 20 0 341 Subtotal ($) _ $380 $2,028 $2,500 $0 $0 $0 $4,908 Task 5.0 Project Management and Review of Meetings Project Management and Review of Meetings 16 30 40 45 $5,462 $22,622 Subtotal Hours = 16 30 40 45 131 Subtotal ($) _ $3,040 $5,070 $5,000 $4,050 $0 $5,462 S22,622 Total Hours by Classification = 26 66 84 101 277 Total ($) by Classification $4,940 $11,154 S10,500 $9,090 $12,755 $16.462 Percentage of Time Allocated (by hours) = 9% 24% 30"/ 36% S64,901 October 25, 2511 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2011 AGENDA ITEM NO. 7 EM TITLE: Resolution of the City Council of the City of National City authorizing an amendment to the 2010 Regional Transportation Improvement Program (RTIP) to revise TransNet funding allocations for Plaza Boulevard Widening, Street Resurfacing and Traffic Signal Install/Upgrade projects through Fiscal Year 2014-15, program Highland Avenue Community Corridor, 4th Street Community Corridor and Citywide Safe Routes to School as new RTIP projects, and allocate TransNet funding to said new projects for Fiscal Year 2011-12. PREPARED BY: Stephen Manganiello, Traffic Engineer0DEPARTMENT: Development Services / PHONE: 619-336-4382 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. See attached Financial Statement ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: 7 Engineering Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Explanation z. Financial Statement 3. Resolution Explanation Per Resolution No. 2010-158, City Council adopted the 2010 Regional Transportation Improvement Program (RTIP) for National City for fiscal years 2010-11 through 2014-15. In November 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (04-01) extension. The TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve a multi -year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds. As such, the City of National City was provided an estimate of annual TransNet local street revenues for fiscal years 2010-11 through 2014-15. The following three projects are currently programmed in the 2010 RTIP: 1) Plaza Boulevard Widening (NC01) 2) Street Resurfacing (NC03) 3) Traffic Signal Install/Upgrade (NC04) Staff is requesting Council authorization to amend the RTIP to revise the TransNet funding allocations per the attached Financial Statement. Staff is requesting Council authorization to amend the RTIP to program the following approved Capital Improvement Program projects into the RTIP: 1) Highland Avenue Community Corridor 2) 4th Street Community Corridor 3) Citywide Safe Routes to School Staff is requesting Council authorization to amend the RTIP to allocate TransNet funding for fiscal year 2011-12 for said new projects per the attached Financial Statement. TransNet funding will be used as a grant match for all three projects. The Highland Avenue Community Corridor Project is in the pre -design phase and will include traffic calming and pedestrian safety / access enhancements from Division Street to E. 8th Street. Staff is requesting the allocation of $400,000 in TransNet funds for a total project cost of $1.7 million. The 4th Street Community Corridor Project is in the pre -design phase and will include traffic calming and pedestrian and bicycle safety / access enhancements from Roosevelt Avenue to Harbison Avenue. Staff is requesting the allocation of $202,327 in TransNet funds for a total project cost of $1.2 million. The Citywide Safe Routes to School Project is in final design and will include traffic calming and pedestrian safety / access enhancements for several schools on the eastside of the City. Staff is requesting the allocation of $500,000 in TransNet funds for a total project cost of $1 million. Once approved, staff will forward the resolution and make said changes via SANDAG's ProjectTrak, a web -based budget tracking system for the RTIP, prior to the December 9, 2011 deadline. SANDAG's financial staff will then review the amendment and submit to the SANDAG Board of Directors for adoption on January 20, 2012. RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE AMENDMENT OF THE 2010 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM ("RTIP") TO REVISE TRANSNET FUNDING ALLOCATIONS FOR THE PLAZA BOULEVARD WIDENING PROJECT, THE STREET RESURFACING PROJECT, AND THE TRAFFIC SIGNAL INSTALL/UPGRADE PROJECT THROUGH FISCAL YEAR 2014-2015; AND TO INCLUDE THE HIGHLAND AVENUE COMMUNITY CORRIDOR PROJECT, THE 4TH STREET COMMUNITY CORRIDOR PROJECT AND THE CITYWIDE SAFE ROUTES TO SCHOOL PROJECT IN THE 2010 RTIP; AND TO ALLOCATE TRANSNET FUNDING TO SAID NEW PROJECTS FOR FISCAL YEAR 2011-2012 WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (04-01) extension; and WHEREAS, the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve a multi -year program of projects submitted by local jurisdictions identifying those transportation project eligible to use transportation sales tax (TransNet) funds; and WHEREAS, on July 6, 2010, the City Council adopted Resolution No. 2010-158, adopting the 2010 Regional Transportation Improvement Program ("RTIP") for National City for fiscal years 2010-2011 through 2014-2015 (the "Five -Year RTIP Plan") WHEREAS, the City's three projects subsidized by TransNet Funds are the Plaza Boulevard Widening Project, the Street Resurfacing Project, and the Traffic Signal Install/Upgrade Project. It is requested that the City Council approve a change in the RTIP allocation for the Five -Year RTIP Plan to revise the TransNet Funding allocations for these projects; and WHEREAS, staff recommends the amendment of the Five -Year RTIP Plan to include three additional transportation projects eligible to use TransNet Funds: 1) the Highland Avenue Community Corridor; 2) the 4th Street Community Corridor; and 3) the Citywide Safe Routes to School, and allocate TransNet funding to said projects. TransNet funding will be used as a grant match for all three projects. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the amendment of the 2010 Regional Transportation Improvement Program to revise TransNet funding allocations for the Plaza Boulevard Widening Project, the Street Resurfacing Project, and the Traffic Signal Install/Upgrade Project. BE IT FURTHER RESOLVED that the City Council authorizes amending the 2010 Regional Transportation Improvement Program to include three additional transportation projects eligible to use TransNet Funds: 1) the Highland Avenue Community Corridor Project; 2) the 4th Street Community Corridor Project; and 3) the Citywide Safe Routes to School Project, and allocate TransNet funding to said projects. --- Signature Page to Follow --- Resolution No. 2011 — PajcTwo PASSED and ADOPTED this 6th day of December, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Financial Statement 2010 RTIP Amendment Project Name Project Number FY 11-12 FY 12-13 FY 13-14 FY 14-15 Plaza Boulevard Widening (NC01) 6569 500,000 200,000 500,000 100,000 Street Resurfacing (NC03) 6035 250,000 750,000 100,000 434,265 Traffic Signal Install/Upgrades (NC04) 6558 700,000 50,000 50,000 50,000 4th Street Community Corridor 6181 202,627 0 0 0 Highland Avenue Community Corridor 6170 400,000, 0 0 0 Citywide Safe Routes to School 6168 500,000 0 0 0 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2011 AGENDA ITEM NO. EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the National School District for partial funding for the School Resources Officer Program. The City of National City will be reimbursed $61,917 for FY 2011 and $61,917 for FY 2012, for a two-year total of $123,834 for the Police School Resources Officer Services. PREPARED BY: Mike Harlan, Sergeant PHONE: (619) 336-4423 EXPLANATION: DEPARTMENT: Police APPROVED BY: The National City Police Department currently assigns three police officers as School Resource Officers (SRO) to provide police services to the Sweetwater Union High School District and the National School District. School Resource Officers provide campus security and general law enforcement services to the public schools located in National City. The salaries and benefits for the police officers are funded by a joint funding agreement between the Sweetwater Union High School District, National School District, and the City of National City. The agreements were originally approved on August 16, 1994 in Council Resolution 94-119 and they have been subsequently renewed during the fiscal years: 95/96 through 08/09. Both of the proposed Agreements from the Sweetwater Union High School District and the National School District would be effective from July 1, 2010 through June 30, 2012. Approval of the resolution would enable the Mayor to sign the Agreements with the Sweetwater Union High School nistrict and the National School District in order to continue to share the costs of the School Resource icer Program. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: 173-00000-3467 National School District - $123,834.00 ($61,917 per year) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: .eement between the City of National City and the National School District'. RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE NATIONAL SCHOOL DISTRICT FOR PARTIAL FUNDING OF THE SCHOOL RESOURCE OFFICER PROGRAM, WITH A TOTAL REIMBURSEMENT TO THE CITY OF $123,834 WHEREAS, the City of National City recognizes that ensuring the safety of students and staff on school campuses and reducing the involvement of youths in gangs in National City is a priority; and WHEREAS, the City believes that school campus security is enhanced by the presence of police officers, and that police officers on campus improve relations between the police and youth in the community; and WHEREAS, the City Council, through the National City Police Department, wishes to work together with the National School District to maintain police on campuses with the School Resource Officers program; and WHEREAS, the costs of such programs include salary, benefits, materials, and supplies; and WHEREAS, the National School District will reimburse the City of National City $61,917 in Fiscal Year 2011, and $61,917 in Fiscal Year 2012, for a total of $123,834 for Police School Resource Officer Services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement between the City of National City and the National School District for the School Resource Officers Program. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of December, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL CI'I'Y SCHOOL DISTRICT THIS AGREEMENT is entered into this 1 st day of July, 2011, by and between the CITY OF NATIONAL CITY, a municipal corporation (hereinafter the "CITY"), and the NATIONAL SCHOOL NATIONAL CITY SCHOOL DISTRICT, a public entity and school National City School District (hereinafter the "NATIONAL CITY SCHOOL DISTRICT"). RECITALS WHEREAS, the CITY and the NATIONAL CITY SCHOOL DISTRICT desire to provide a safe, secure, orderly teaching and learning environment for all students and staff within National School National City School District and the City of National City by protecting life and property. WHEREAS, the CITY and the NATIONAL CITY SCHOOL DISTRICT have decided to undertake responsibilities and expectations to achieve mutual goals and objectives to protect the teaching and learning environment. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The CITY and the NATIONAL CITY SCHOOL DISTRICT agree to perform the services set forth as attached in the SCOPE OF SERVICES, attached as Exhibit B hereto, in accordance with all terms and conditions contained herein. 4. PROJECT COORDINATION AND SUPERVISION. Sergeant Mike Harlan is hereby designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The NATIONAL CITY SCHOOL DISTRICT shall assign a single Project Liaison to provide supervision and have overall responsibility for the progress and execution of this Agreement for the NATIONAL CITY SCHOOL DISTRICT. Katie Filzenger thereby is designated as the Project Liaison for the NATIONAL CITY SCHOOL DISTRICT. 5. COMPENSATION AND PAYMENT. The compensation from the NATIONAL CITY SCHOOL DISTRICT to the CITY shall be one hundred twenty three thousand eight hundred and thirty four dollars ($123,834) flat fee for two years of service, due upon execution of the agreement. 6. ACCEPTABILITY OF WORK. The C 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. In the event the NATIONAL CITY SCHOOL DISTRICT and the CITY cannot agree to the quality or acceptability of the work or the manner of performance, the NATIONAL CITY SCHOOL DISTRICT shall give to the CITY written notice of such. The CITY 7. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement is effective on July 1, 2010 through June 30, 2012. The duration of this Agreement is for the period of July 1, 2010 to June 30, 2012. 8. CONTROL. Neither the NATIONAL CITY SCHOOL DISTRICT nor its officers, agents, or employees shall have any control over the conduct of the CITY or any of the CITY'S employees, except as herein set forth, and the City's or the City's agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, NATIONAL CITY SCHOOL DISTRICT, it being understood that the CITY, its agents, servants, and employees are wholly independent. 9. NON-DISCRIMINATION PROVISIONS. The NATIONAL CITY SCHOOL DISTRICT 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. 10. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the NATIONAL CITY SCHOOL DISTRICT certain confidential information. The NATIONAL CITY SCHOOL DISTRICT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The NATIONAL CITY SCHOOL DISTRICT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the .information that (I) has been disclosed in publicly available sources of information; (ii) is, through no fault of the NATIONAL CITY SCHOOL DISTRICT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the NATIONAL CITY SCHOOL DISTRICT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the NATIONAL CITY SCHOOL DISTRICT 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. NATIONAL CITY SCHOOL DISTRICT shall be liable to CITY for any damages caused by breach of this Agreement. 11. INDEMNIFICATION AND HOLD HARMLESS. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. The NATIONAL CITY SCHOOL DISTRICT agrees to defend, indemnify and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suites, 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 NATIONAL CITY SCHOOL DISTRICT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold 2 City's Standard Agreement - 2009 revision harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 12. WORKERS' COMPENSATION. The NATIONAL CITY SCHOOL DISTRICT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CITY under this Agreement. 13. 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. Jurisdiction shall be Superior Court, San Diego County. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be Limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 14. 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. 15. TERMINATION. 3 City's Standard Agreement —2009 revision A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 90-day's written notice to the NATIONAL CITY SCHOOL DISTRICT. During said 90-day period the NATIONAL CITY SCHOOL DISTRICT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the NATIONAL CITY SCHOOL DISTRICT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the NATIONAL CITY SCHOOL DISTRICT as provided for herein. 16. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Ron Morrison Mayor — City of National City City of National City 1243 National City Boulevard National City, CA 91950-4301 To NATIONAL CITY SCHOOL DISTRICT: Katie Filzenger National School National City School District 1500 "N"Avenue National City, CA 91950 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or 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. 17. MISCELLANEOUS PROVISIONS. 4 City's standard Agreement —2009 revision 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. San Diego Superior Court. Southbay Division, or U.S. District Court, Southern District, shall be the jurisdiction. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. 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. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. 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 parry'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. M. No Inducement. Each of the Parties to this Agreement acknowledges foritself that it 5 City's Standard Agreement —2009 revision has read this Agreement and fullyunderstands its contents and consequences and has voluntarily executed it. Each of the parties also warrants that no promise or inducement has been made or offered by any of the Parties, except as set forth herein, and that this Agreement is not executed in reliance upon any statement of representation of any of the Parties or their representatives, concerning the nature and extent of the injuries, damages or legal liability thereof. The Parties further represent that they have been represented by legal counsel during the course of the negotiations leading to the signing of this Agreement, and that they have been advised by legal counsel with respect to the meaning of this Agreement and its legal affect. N. Severance. If any court of competent jurisdiction declares or determines that any provision in this Agreement is illegal, invalid or unenforceable, the legality, validity, and enforceability of the remaining parts, terms and provisions, will not be affected. The provision found illegal, unenforceable, or invalid shall be deemed not a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney NATIONAL SCHOOL NATIONAL CITY SCHOOL DISTRICT (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: MA 04141) (Name) By: 6 Christopher Oram, Ed.D (Print) Superintendent (Title) (Name) (Print) (Title) City's Standard Agreement —2009 revision ATTACHMENT #B — SCOPE OF SERVICES MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL SCHOOL DISTRICT AND CITY OF NATIONAL CITY Ensuring the safety of students and staff on school campuses and deterring gangs, drug abuse, criminal acts and traffic violations in National City are priorities to both the National School District and the National City Police Department. Both the National School District and the National City Police Department believe that campus security is enhanced by the presence of police officers and that police officers on campus also help improve relations between the Police Department and youth in our community. The National School District and the National City Police Department agree to work together to provide the presence of a police officer on campus to help maintain a secure environment in and around our schools. To this end the following are specific agreements between the National School District and National City Police Department. Time Frame This Memorandum of Agreement shall remain in effect from July 1, 2010 through June 30, 2011, and may be extended for such length of time as both parties mutually agree to continue this Memorandum of Agreement. Role of the National School District: The National School District agrees to: 1. Coordinate scheduling with the School Resource Officer and the assigned police department supervisor. 2. Schedule orientation time for classroom teachers. 3. Schedule parent meetings as needed. Memorandum of Understanding Page 2 National School District 4. Provide adequate space for the School Resource Officer to carry out non -classroom duties. 5. Provide regular feedback to the law enforcement agency concerning the performance of the School Resource Officer. 6. Permit the School Resource Officer access to the playground and cafeteria to allow for informal interaction with the students. 7. Provide audiovisual equipment for social skills / conflict resolution instruction, drug education and other law enforcement related educational presentations. 8. Report all criminal activity occurring on or about school campuses and all criminal activity involving students to the National City Police Department. 9. Develop procedures to handle campus safety issues. 10. To establish and follow procedures for referring police involvement. 11. Abstain from calling upon the School Resource Officer for enforcement duties while they are involved in classroom presentations except in emergencies. 12. The National School District will remit $61,917 payable to the National City Police Department Personnel Services Account, to offset costs of the School Resource Officer. This money is equal to 50% of the salary and benefits for one National City Police Officer at E-Stcp for one year. The total amount will be paid by February 28, 2011. 13. Coordinate with the Police Department, other public and private agencies, community and civic groups to develop a community partnership in support of crime reduction, traffic safety and other police programs. Memorandum of Understanding Page 3 National School District T he National City Police Department agrees to: Role of the National City Police Department: 1. Assign a uniformed police officer as the School Resource Officer. 2. Assign the School Resource Officer to liaison with the school campuses of the National School District with the purpose of being engaged in the following duties. • Training for teachers and other school staff on law enforcement and campus security issues as requested. • Serving as a member of the National School District Student Attendance Review Board (S.A.R.B.). • General law enforcement duties focusing on: Safety of students and staff on campus Gang related violence and crime Campus intrusion Loss and / or damage to property Weapons on campus Alcohol and drugs on campus Truancy Traffic Safety 3. Ensure that the officer assigned as the School Resource Officer receive all required training and any additional training deemed beneficial to their tasks. 4. Designate a member of the police staff to regularly meet with the school district staff to evaluate program needs as requested. Memorandum of Understanding Page 4 National School District 5. The School Resource Officer will be afforded ample time to engage in informal interaction with the students. 6. Abstain from having the School Resource Officer perform enforcement duties during time scheduled for classroom presentations, except in cases of urgency determined by the Chief of Police or their designee. 7. Pay salary and benefits for the police officer assigned as the School Resource Officer as agreed upon. Although the SRO has a campus -based philosophy, the SRO is still required to respond to other schools when dispatched. In addition to investigating school related crime and incidents, here is a current list of basic and additional duties SRO's currently perform. • Attend the National School District SARB Hearings at NCPD. • Conduct home visits with administrators or the NSD Tniancy Officer. • Locate and cite parents for violation of the SARB contract. • Coordinate, train and inspect individual student School Safety Patrols as requested. • Coordinate, train and inspect individual Adult Crossing Guards programs as requested. • Present district policy on sexual harassment to students as requested. • Provide parent education / presentations to parent groups as requested. • Attend meetings and facilitate participation for the Teddy Bear Drive. • Teach criminal law, search and seizure to middle and high school students as requested. • Teach narcotics awareness at PTA's and to high school students as requested. • Facilitate NCPD participation and pin sales for Shop with a Cop event. • Facilitate the Padre Law Enforcement Day Program for NCPD, City Employees. • Inspect and approve individual school safety plans for elementary and secondary schools. • Attend site -based pre-SARB meetings as requested. • Participate in the NCPD 290 (Sex Crime Registrant) Compliance Inspections. • Conduct Juvenile warrant sweeps. • Assist SD County Probation Officers with compliance checks and home visits generally within the boundaries of the City of National City. • Attend various school events and fairs as requested, with any overtime needed to be paid for by the district. • Enforce SD County Daytime Loitering within city limits. • Attend school based disciplinary hearings and intervention programs. • Participate in multi -agency Truancy/Daytime Loitering Sweeps within city limits. Memorandum of Understanding Page 5 National School District This Memorandum of Understanding shall be effective July 1, 2010, and shall remain in effect until June 30, 2011. This Memorandum of Understanding shall supersede all previous Memorandums of Understanding between the National School District and the City of National City. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2011 AGENDA ITEM NO. 9 IM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the Sweetwater Union High School District for partial funding for the School Resource Officer Program. The City of National City will be reimbursed $80,000 for the FY 2011 and $80,000 for the FY 2012, fora two year total of $160,000 for the Police School Resources Officer Services. PREPARED BY: Mike Harlan, Sergeant DEPARTMENT: Police PHONE: (619) 336-4423 APPROVED BY: EXPLANATION: The National City Police Department currently assigns three police officers as School Resource Officers (SRO) to provide police services to the Sweetwater Union High School District and the National School District. School Resource Officers provide campus security and general law enforcement services to the public schools located in National City. The salaries and benefits for the police officers are funded by a joint funding agreement between the Sweetwater Union High School District, National School District, and the City of National City. The agreements were originally approved on August 16, 1994 in Council Resolution 94-119 and they have been subsequently renewed during the fiscal years: 95/96 through 08/09. Both of the proposed Agreements from the Sweetwater Union High School District and the National School District would be effective from July 1, 2010 through June 30, 2012. Approval of the resolution would enable the Mayor to sign the Agreements with the Sweetwater Union High School n,e+rict and the National School District in order to continue to share the costs of the School Resource cer Program. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: 174-00000-3467 Sweetwater Union High School District - $160,000.00 ($80,000 per year) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: eement between the City of National City and the Sweetwater Union High School District RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR PARTIAL FUNDING OF THE SCHOOL RESOURCE OFFICER PROGRAM, WITH A TOTAL REIMBURSEMENT TO THE CITY OF $160,000 WHEREAS, the City of National City recognizes that ensuring the safety of students and staff on school campuses and reducing the involvement of youths in gangs in National City is a priority; and WHEREAS, the City believes that school campus security is enhanced by the presence of police officers, and that police officers on campus improve relations between the police and youth in the community; and WHEREAS, the City Council, through the National City Police Department, wishes to work together with the Sweetwater Union High School District to maintain police on campuses with the School Resource Officers program; and WHEREAS, the costs of such programs include salary, benefits, materials, and supplies; and WHEREAS, the Sweetwater Union High School District will reimburse the City of National City $80,000 in Fiscal Year 2011, and $80,000 in Fiscal Year 2012, for a total of $160,000 for Police School Resource Officer Services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement between the City of National City and the Sweetwater Union High School District for the School Resource Officers Program. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of December, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SWEETWATER UNION HIGH SCHOOL DISTRICT THIS AGREEMENT is entered into this 1st day of July, 2011, by and between the CITY OF NATIONAL CITY, a municipal corporation (hereinafter the "CITY") and the SWEETWATER UNION HIGH SCHOOL DISTRICT, a public entity and school district (hereinafter the "DISTRICT"). RECITALS WHEREAS, the CITY and the DISTRICT desire to provide a safe, secure, and orderly teaching and learning environment for al students and staff within Sweetwater Union High School District and the City of National City by protecting life and property. WHEREAS, the CITY and the DISTRICT have decided to undertake responsibilities and expectations to achieve mutual goals and objectives to protect the teaching and learning environment. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. SCOPE OF SERVICES. The CITY and the DISTRICT agree to perform the services set forth as attached in the SCOPE OF SERVICES, attached as Exhibit A hereto, in accordance with all terms and conditions contained herein. 2. PROJECT COORDINATION AND SUPERVISION. Sergeant Mike Harlan is hereby designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The DISTRICT shall assign a Project Liaison to provide supervision and have overall responsibility for the progress and execution of this Agreement for the DISTRICT. Ed Brand, Ed.D thereby is designated as the Project Liaison for the DISTRICT. 5. COMPENSATION AND PAYMENT. The compensation from the DISTRICT to the CITY shall be one hundred sixty thousand dollars ($160,000), a flat fee for two years of service, due upon execution of the agreement. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement. In the event the DISTRICT and the CITY cannot agree to the quality or acceptability of the work or the manner of performance, the DISTRICT shall give to the CITY written notice of such. 7. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement is effective on July 1, 2010 through June 30, 2012. The duration of this Agreement is for the period of July 1, 2010 through June 30, 2012, 8. CONTROL. Neither the DISTRICT nor its officers, agents, or employees shall have any control over the conduct of the CITY or any of the CITY'S employees, except as herein set forth, and the CITY's or the CITY's agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, DISTRICT, it being understood that the CITY, its agents, servants, and employees are wholly independent. 9. NON-DISCRIMINATION PROVISIONS. The DISTRICT' 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. I0. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the DISTRICT certain confidential information. The DISTRICT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The DISTRICT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the DISTRICT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the DISTRICT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the DISTRICT 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. DISTRICT shall be liable to CITY for any damages caused by breach of this Agreement. 11. INDEMNIFICATION AND HOLD HARMLESS. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. The DISTRICT agrees to defend, indemnify and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suites, 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 DISTRICT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 2 Cty's Standard Agreement —2DD9 revision 12. WORKERS' COMPENSATION. The DISTRICT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CITY under this Agreement. 13. 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. Jurisdiction shall be Superior Court, San Diego County. For purposes of determining who is to be considered the prevailing party, it is stipulated that attomey's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attomy's fees incurred by the prevailing party. 14. MEDIATIONJARBIIRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration_ The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 3 City's Standard Agrcemcnt —2009 revision 15. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 90-day's written notice to the DISTRICT. During said 90-day period the DISTRICT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the DISTRICT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the DISTRICT as provided for herein. 16. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, 'when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Ron Morrison Mayor — City of National City City of National City 1243 National City Boulevard National City, CA 91950-4301 To DISTRICT: Ed Brand, Ed.D, Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, CA 91911-2896 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. 4 City's Standard Agreement-2009 revision 3. 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. San Diego Superior Court, Southbay Division, or U.S. District Court, Southern District shall be the jurisdiction. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. 7. 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. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. 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 bad 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 parry'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. 5 City's Standard Agreement -2009 envision M. No Inducement. Each of the Parties to this Agreement acknowledges for itself that it has read this Agreement and fully understands its contents and consequences and has voluntarily executed it. Each of the parties also warrants that no promise or inducement has been made or offered by any of the Parties, except as set forth herein, and that this Agreement is not executed in reliance upon any statement of representation of any of the Parties or their representatives, concerning the nature and extent of the injuries, damages or legal liability thereof. The Parties further represent that they have been represented by legal counsel during the course of the negotiations leading to the signing of this Agreement, and that they have been advised by legal counsel with respect to the meaning of this Agreement and its legal affect. N. Severance. If any court of competent jurisdiction declares or determines that any provision in this Agreement is illegal, invalid or unenforceable, the legality, validity, and enforceability of the remaining parts, terms and provisions, will not be affected. The provision found illegal, unenforceable, or invalid shall be deemed not a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney SWEETWATER UNION HIGH SCHOOL DISTRICT (Corporation — signatures of nvo corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) (Print) SPPr14derldel (Title) BY: 4/,d41)m (Name) ,6I'; I2 RI/ sso (Print) Interim Deputy Supt. of Operations (Title) City's Standard Agrsernent —2009 revision ATTACHMENT #A — SCOPE OF SERVICES MEMORANDUM OF UNDERSTANDING BETWEEN THE SWEETWATER UNION HIGH SCHOOL DISTRICT AND THE CITY OF NATIONAL CITY MISSION STATEMENT: It is the mission of the Sweetwater Union High School District in concert with the National City Police Department to provide a safe, secure, orderly teaching and learning environment for all students and staff within the Sweetwater Union High School District and the City of National City by protecting life and property. Ensuring the safety of students and staff on school campuses in National City is a priority to the school administration and the Police Department. Campus security will be increased by the presence of police officers who will interact with the students in both a positive and proactive manner. Police officers on campus will help improve relations between the Police Department and the youth of the community. As a result, the Sweetwater Union High School District and the City of National City Police Department agree to undertake the following responsibilities and expectations to achieve these mutual objectives: A. SCHOOL DISTRICT'S ROLE AND RESPONSIBILITY: 1. Ensure student welfare portal to portal; 2. Develop procedures to handle campus safety issues; 3. Establish and follow procedures for referring School Resource Officer involvement; and 4. Cooperate with and support in a proactive manner with the City of National City Police Department School Resource Officers' efforts to work with students, school personnel, parents and the community B. SCHOOL RESOURCE OFFICERS' ROLE AND RESPONSIBILITY: 1. To provide prevention/intervention by: a. Providing a highly visible uniform police officer presence on the campuses of the Sweetwater Union High School District that are located in National City. b. Developing classroom and faculty presentations related to the youth and the law when requested. c. Attending parent conferences/meetings when requested. d. Attending Student Attendance Review Board (S.A.R.B.) meetings. e. Scheduling security activities as needed. f. Being the first response in all law enforcement related matters as they occur during regular school hours when available. g. Attending various sporting events and school activities as needed for proactive enforcement and interaction. Any overtime that is needed for any events, activities, meetings, etc, will be paid for by the district. h. Documenting all incidents of crime as per department regulations. Memorandum of Understanding City of National City 2010-2011 Page 2 2. To continue to work with: a. Community agencies; and b. Parent/teacher groups as needed throughout the affected schools. 3. To assist investigative personnel of the National City Police Department who are assigned to the various school sites with continuing an ongoing investigation and preliminary Investigations of criminal activity within the affected schools. 4. Continue to work with school staff and District personnel in matters of mutual concern such as: a. Education. b. Prevention and intervention in the areas of alcohol and drug use on campus. c. Safety of students and staff on campus. d. Gang -related violence and crime. e. Campus intrusion, and loss and/or damage to property. C. TIME FRAME This Memorandum of Understanding shall remain in effect for 12 months commencing July 1, 2010 and ending June 30, 2011. Either party shall have the right to cancel this Memorandum of Understanding upon 90 days advance written notice during the term of this agreement. D. SPAN OF CONTROLIJURISDICTION Prevention/education/training/proactive activities will take place at Sweetwater High School, Granger Junior High School and National City Middle School located in the City of National City. The officers will remain under the direction and control of the National City Police Department. E. RESOURCE Resource and local management will be coordinated at: Sweetwater Union High School District Attn: Dianne Russo, Chief Financial Officer 1130 Fifth Avenue Chula Vista, CA 91911 (619)585-6265 National City Police Department Attn: Chief Adolfo Gonzales Memorandum of Understanding City of National City 2010-2011 Page 3 F. COST # 2 officers will be funded jointly by the City of National City Police Department and the Sweetwater Union High School District. The Sweetwater Union High School District will contribute to this effort, an amount not to exceed $80,000. This Memorandum of Understanding will be effective July 1, 2010. Upon execution of this Memorandum, the Sweetwater Union High School District, upon invoicing, will pay the City of National City, the agreed amount of $80,000 in quarterly installments of $20,000. If the agreement is canceled as herein permitted, the City shall return forthwith to the District the portion of such payment allocable to the period of the term subsequent to the effective date of cancellation. G. NO INDEPENDENT BASIS FOR LIABILITY Nothing herein shall create, by this or other Understanding between the parties, an independent basis for liability of the City to either the District or to a third party for failing to respond or for responding to a call for police services in a dilatory or negligent manner. The City's liability, if any it may have, shall be that as determined by law without regard to the existence of this Agreement. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2011 AGENDA ITEM NO. ]f0 _ fEM TITLE: Resolution of the City Council of the City of National City authorizing a one year extension the agreement between the City Of National City and Meyers Nave Professional Law Corporation for legal services in the specialized area of labor law and increasing the agreement by $75,000 for a total not to exceed dollar amount of $125,000 PREPARED BY: Stacey Stevenson DEPARTMENT: PHONE: 336-4308 APPROVED B EXPLANATION: The City of National City engages outside legal support for some specialized areas. Since August, 2009, Meyers Nave Professional Law Corporation has served as the City's subject matter expert in the area of labor law. This agreement continues that relationship, providing support to the City Council, City Manager and staff in performing such functions as the full range of services related to the negotiation, drafting and implementation of agreements with employee labor associations and proactively advising on current legal trends and issues related to labor negotiations and agreements. The second agreement entered into in July, 2010 included the ability to extend the agreement up to three years in one year increments. The Meyers Nave firm has been instrumental in providing support to the City through the labor negotiation process with its three formal labor groups. The extension will allow the firm to assist City staff in completing that ocess. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 001 409 000 213 APPROVED: Finance MIS Legal services will be billed on an hourly basis. The contract extension is for $75,000 for a total not to exceed amount of $125,000. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: E coimiend approval of the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: ;reement for Legal Services Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH MEYERS NAVE PROFESSIONAL LAW CORPORATION IN THE AMOUNT OF $75,000 TO PROVIDE LEGAL SERVICES IN THE SPECIALIZED AREA OF LABOR LAW FOR AN ADDITIONAL ONE YEAR TERM FOR A TOTAL NOT TO EXCEED AMOUNT OF $125,000 WHEREAS, on July 6, 2010, the City Council adopted Resolution No. 2010-153, approving an Agreement in the amount of $50,000 with Meyers Nave Professional Law Corporation ("Meyers Nave"), a law firm with expertise in the area of labor law, to provide a full range of services related to the negotiation, drafting and implementation of agreements with employee labor associations, and proactively advising on current legal trends and issues related to labor negotiations and agreements; and WHEREAS, said Agreement provided for three one-year extensions; and WHEREAS, the parties desire to extend the term of the Agreement for an additional one-year term for the not to exceed amount of $75,000, for a total Agreement not to exceed amount of $125,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to execute an Amendment to the Agreement with Meyers Nave Professional Law Corporation in the amount of $75,000 to provide legal services in the specialized area of labor law for an additional one-year term, bringing the total not to exceed amount of the Agreement to $125,000. Said Amendment to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of December, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MEYERS NAVE PROFESSIONAL LAW CORPORATION, This First Amendment to the Agreement by and between the City of National City and Meyers Nave Professional Law Corporation, is entered into this day of July, 2011, by and between the City of National City and Meyers Nave Professional Law Corporation, [First Amendment]. RECITALS WHEREAS, the City of National City [City] and Meyers Na'e Professional Law Corporation [firm], previously entered into the agreement entitled Agreement by and between the City of National City and Meyers Nave Professional Law Corporation [Agreement], dated July 6, 2010, for employee legal services to the City; WHEREAS, that Agreement provides that the City of National City may extend services beyond the contract expiration date of July 5, 2011 in one-year increments for an additional three years (until July 5, 2014); WHEREAS, the City now seeks to extend the Agreement for an additional year. AGREEMENT NOW THEREFORE, the City and Willis agree as follows: 1. This First Amendment extends thcAgreement`for one year for the time period July 6, 2011 through July 5, 2012. 2. The parties agree that each and every feint of the Agreement not modified by this Amendment shall remain in full=force and effect. IN WITNESS THEREOF, the parties hereto have executed this Second Amendment on the date and year first written above. CITY OF NATIONAL CITY MEYERS NAVE PROFESSIONAL LAW CORPORATION By: By: Chris Zapata, Jr., City Manager (Name) APPROVED AS TO FORM: Claudia Silva City Attorney (Title) By: (Name) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2011 AGENDA ITEM NO. 1.1 .: EM TITLE: Resolution of Intention of the City of National City to Approve an Amendment to the Contract Between the Board of Administration California Public Employees' Retirement System and the City Council of the City of National City to Provide for a 3% @ 55 Full Formula Benefit for Fire Safety Members Entering Membership for the First Time in the Firefighters' Association PREPARED BY: Lilia Munoz DEPARTME PHONE: 336-4309 APPROV EXPLANATION: sources As provided for in the current agreement between the City of National City and CaIPERS, City of National City employees working in designated fire safety classifications have a retirement formula of 3% @ 50 (Section 21362.2). Under the terms of the current Memorandum of Understanding between the City and the Firefighters' Association, individuals hired into the City's Firefighters' Association for the first time will not receive the benefit of the 3% @ 50 formula. Instead such new hires will receive a benefit of 3% @ 55 (Section 21363.1). Such a change is allowable under Section 20475 (Different Level of Benefits). FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: iN/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Recommend approval of Resolution BOARD / COMMISSION RECOMMENDATION: NIA ATTACHMENTS: ;solution Exhibit-CaIPERS Amendment to Contract RESOLUTION NO. 2011 — RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF NATIONAL CITY TO PROVIDE FOR A 3% @ 55 FULL FORMULA BENEFIT FOR FIRE SAFETY MEMBERS ENTERING MEMBERSHIP FOR THE FIRST TIME IN THE FIREFIGHTERS' ASSOCIATION WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the City Council of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provided Section 20475 (Different Level of Benefits). Section 21363.1 (3% @ 55 Full formula) is applicable to local fire members entering membership for the first time in the fire classification after the effective date of this amendment to contract. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby give notice of intention to approve an amendment to the contract between the City of National City and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as Exhibit "A", and by this reference made a part hereof. PASSED and ADOPTED this 6th day of December, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CaIPEgs. California Public Employees' Retirement System • AMENDMENT TO CONTRACT Between the Board of Administration California Public Empl6yees' Retirement System and the City Council City of National City 40- The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1948, and witnessed May 1, 1948, and as amended effective March 1, 1954, July 1, 1954, April 1, 1956, April 1, 1970, December 1, 1972, September 28, 1973, October 1, 1973, March 1, 1974, Octoberl, 1974, January 16, 1977, October 16, 1978, October 1, 1980, July 16, 1983, January 1, ' 1985, December 27, 1988, December 12, 1989, November 15, 1991, December 27, 1991, June 11, 1993, May 2, 1996, July 9, 2002, September 17, 2002, July 6, 2004, January 27, 2009, March 18, 2010 and March 22, 2011 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 18 are hereby stricken from said contract as executed effective March. 22, 2011, and hereby replaced by the following paragraphs numbered 1 through la inclusive: EXHIBIT "A" uJ itu i vsUhi t.Ai 1 1 All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically. provided. "Normal retirement age" shall mean age 60 for local miscellaneous members, age 50 for local police members entering membership in the police classification on or prior to March 18, 2010 and for those for local fire members -entering: membership in the fire classification on or prior to the effective date of this amendment to contract, age 55 for local police members entering membershipfor the first time in the police classification after March 18, 2010 and forthose for local fire members entering membership for the first time in the fire classification after the effective date of this amendment to .contract. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1948 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement :Law except such as apply only on election of a contracting agency and are not provided for herein andto all amendments. to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. Public Agency agrees .to indemnify, defend and hold harmless the California- Public Employees' Retirement System (CaIPERS) and its trustees, agentsand employees, the CalPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorneys fees that may arise as a result of any of the following: (a) Public Agency's election to provideretirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas providedunder the Public Agency's prior non-CalPERS retirement program. (b) Public Agency's election to amend this. Contract to provide retirement benefits, provisions or formulas that are different than existing retirement benefits, provisions or formulas. {c) Public Agency's agreement with a third party other than CaIPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. SIGN "EXHIBIT 11 \d... PLEASE DO NOT SIGN EXHIBI � OWN (d) Public. Agency's election to file for bankruptcy under Chapter 9 (commencing with section 901) of Title 11 of the United States Bankruptcy Code and/or Public Agency's election to reject this Contract with the CaIPERS Board of Administration pursuant to section 365, of Title 11, of the United States Bankruptcy Code or any similar provision of law. (e) Public Agency's election to assign this Contract without the prior written consent of the CaIPERS' Board of Administration. (f) (g) The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. Changes sponsored. by Public Agency in existingretirement benefits, provisions or formulas made as a result of amendments, additions or deletions to California statute or to the California Constitution. Employees of Public. Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Firefighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS Prior to January 1, 1975, those memberswho were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20305 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. PLEASE L/U NOT j ,SIGi! l! JS 1 This contract shall be a continuation of the :contract of the Community Development Commission of the City of National -City, hereinafter referred to. as "Former Agency". The accumulated contributions, assets and liability for prior and current service under the former Agency's_contract shall be merged pursuant to Section 20508 of theGovernment Code. Such merger occurred March 20, 2008. The percentage of final compensation to be provided; for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after September 17, 2002 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). The percentage of final compensation to be :provided for each year of credited prior and current service as a local miscellaneous member in employment on or after September 17, 2002 and not entering membership for the first time in the miscellaneous classification after March 22, 2011 shall be determined in accordance with Section 21354.3 of said Retirement Law (3% at age. 60 Full). 1.0. The percentage of final compensation to be provided." for each year of credited current service as a local miscellaneous member entering membership for the first time in the miscellaneous classification after March 22, 2011 shall be determined in accordance with Section 21353 of said. Retirement Law (2% at age 60 Full). 11. The percentage of final compensation to be provided for each yearof creditedprior and current service as a local :police member entering. membership in the police classification on or prior to March 18, 2010 and for those local fire members entering membership in the fire classification on or prior to the effective date of this amendment to contract shall be determined in accordance with Section 21362.2 of said °Retirement Law (3% at age 50 Full). PLEASE GC NOT SIGN `EA ii: i 12. The ;percentage of final compensation to be provided for each year of credited current service as a local police member entering membership for thefirst time in the police classification after March 18, 2010 and for those local fire members entering membership for the first time in the fire classification after the effective date of this amendment to contract shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full). 13. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20425 ("Local Police Officer" shall include employees of a police department who were employed to perform identification or communication duties on August 4,. 1972 and who elected to be local safety members). Section 21222.1 (One -Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. c. Sections 21624 and 21626 (Post -Retirement Survivor Allowance). d. Section 21573 (Third Level of 1959 Survivor Benefits). e. Section 20996 (Military Service Credit as Prior Service). f. Section 21325 (One -Time 3% to 15% Increase For Local Miscellaneous Members Who Retired or Died Prior to January 1, 1974). Legislation repealed. said Section effective January 1, 2002. g. Section 20042 (One -Year Final Compensation). h: Section 20903 (Two Years Additional Service Credit). Section 20475 (Different Level of Benefits). Section 21363.1 (3% 55 Full formula) is applicable to local :police members entering membership for the first time in the police classification after March 18, 2010. Section 21353 (2% @ 60 Full formula) is applicable to local miscellaneous members entering membership for the first time in the miscellaneous classification after' March 22, 2011. Section 21363.1 (3% @ 55 Full formula) is applicable to local fire members . entering membership for the first time in the fire classification after the effective date of this amendment to contract. U j14.1 i U:u: I L "' j' 14. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on January 16, 1977. Accumulated contributions of .Public Agency shall be. fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 15. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of ksaid Retirement System. 16. Public Agency shall also contribute tosaid Retirement System as -follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21'573 of said Retirement Law. (Subject to annual change.) in addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance: rates, for survivors of all local miscellaneous members and local -safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to -cover the costs of administering said System as it affects the employees -of Public Agency, not including the costs of specialvaluationsor of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 17. Contributions required of Public Agency and its :employees shall be subject to .adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said :Retirement Law. 18. Contributions required of Public Agency and its employees shall be .paid by Public Agency to the Retirement System within fifteendays after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or Tess than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the BOAROF ADMINISTRATION PUBLIC M:P,.OYEES' RETIREMENT SYSTEM BY KAREN DEFRANK, 7E.F CUSTOMER ACCOUNT SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AMENDMENT CaIPERS'ID#1867545551 PERS-CON-702A day of CITY COUNCIL CITY OF NATIONAL CITY BY, PRESIDING OFFICER Witness DaVe; r Attest: Clerk CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT TJIEETINC DATE: December 6, 2011 AGENDA ITEM NO. Z2 _ 'EM TITLE: Resolution of the City Council of the City of National City approving the Memorandum of Understanding between the City of National City and the National City Police Officers' Association for the term July 1, 2011 through June 30, 2014 PREPARED BY: Stacey Stevenson DEPARTMENT: . an Re e rc O: PHONE: 336-4308 APPROVED = EXPLANATION: The labor agreement between the City of National City and the National City Police Officers' Association (POA) expired June 30, 2011. After meeting and conferring in good faith for the purpose of negotiating a new agreement, on November 7, 2011, the City's negotiating team and the team reached tentative agreement on a successor agreement. POA membership voted to accept the terms of the three year agreement, retroactive to July 1, 2011, as set forth by the negotiating teams. Pending approval by the City Council, the 90 employees represented by POA agreed to a number of issues including: Increased employee paid contributions to retirement of 3% retroactive to July, 2011, 2% July, 2012 and 2% July, 2013; equal cost sharing of future increases in the cost of health care (a savings to the City); the elimination of school resource officer premium pay, an increase of $5 per month in the City's contribution to retiree medical benefits; and modifications to acting assignment pay for Corporals and education incentive pay. :omplete summary of the agreements is attached. FINANCIAL STATEMENT: ACCOUNT NO. Net Savings: FY2012-$219,115 FY 2013 - $235,229 FY 2014 - $448,070. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approve the agreement. BOARD / COMMISSION RECOMMENDATION: N/A' ATTACHMENTS: Summary of the tentative agreement between the City of National City and the National City Police Officers' Association • Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION AND THE CITY OF NATIONAL CITY FOR THE PERIOD OF JULY 1, 2011 THROUGH JUNE 30, 2014 WHEREAS, the City has met and conferred with representatives of the National City Police Officers' Association; and WHEREAS, said meet and confer was conducted pursuant to California Government Code Section 3500, et seq.; and WHEREAS, negotiations with the Police Officers' Association has resulted in an agreement for a Memorandum of Understanding for the period of July 1, 2011 through June 30, 2014. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby approve the Memorandum of Understanding between the Police Officers' Association and the City of National for the period of July 1, 2011 through June 30, 2014. A copy of said Memorandum of Understanding is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of December, 2011. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY / NATIONAL CITY POA 2011 MOU NEGOTIATIONS Tentative Package Agreement —11/9/11 1. Term: July 1, 2011 — June 30, 2014 2. PERS: Effective retroactive to the first full pay period in July 2011, employees pay an additional 3% (for a total of 5%) toward the employee contribution percentage to PERS. Effective the first full pay period in July 2012, employees shall pay an additional 2% (for a total of 7%) toward the employee contribution percentage to PERS. Effective the first full pay period in July 2013, sworn employees shall pay an additional 2% toward the employee contribution percentage and non -sworn employees shall pay an additional 1% so employees are paying the full employee contribution. Employees shall make the retroactive PERS contributions that employees owe for the period July 1, 2011 through the pay period that includes the date of Council approval of the new MOU via deductions in equal amounts in each full pay period that follows. Council approval of this MOU through the last full pay period in February 2012. Employees shall be solely responsible for any tax implications or consequences associated with this schedule of repayment. 3. Salary: The same salary adjustment methodology described in Article 21, Section 2.A. of the prior MOU shall be used to determine salary adjustments in this MOU in January 2012, August 2012, and August 2013 with the one change that any salary adjustments due under this methodology shall apply to all employees in the bargaining unit. 4. Longevity Pay: Eliminate for persons hired on or after July 1, 2011. 5. Retiree Health: For persons who retire after Council approval of this MOU, increase for qualifying retirees the City's contribution from $5 for each year of service to $10 for each year of service 6. Education Incentive: Effective the first full pay period following Council approval of this MOU, the eligibility requirements to qualify for education incentive pay shall be modified to only require the following: Level II Intermediate POST Certificate Level III Advanced POST Certificate 7. Corporals: Effective the first full pay period following Council approval of this MOU, corporals assigned by Command Staff to work a full shift or more as an acting sergeant shall receive an additional 3% of base pay for the hours worked as City of National City / National City POA 2011 MOU Negotiations Tentative Package Agreement Page 2 an acting sergeant. This provision shall not preclude a Corporal being eligible for any greater acting pay benefit that may be provided by Department policy or a City-wide rule, in which case the greater benefit shall apply instead of, but not in addition to, the benefit provided under this provision." 8 Health: Effective February 1, 2012, and in each following health plan year, the City's new contribution obligation for employee, employee +1 and employee+family shall be the monthly amounts from the prior health plan year plus 50% of any increase in the lowest cost health and dental plans. 9. Police Liaison / School Resource Officer: Effective the first full pay period following Council approval of a successor MOU, eliminate extra $123/month pay 10. Grievances: Replace Step IV with non -binding arbitration instead of current panel hearing process. 11. Vacation Sell -Back: To take into account of the impact of furloughs (and the holidays) for employees processing payroll, POA-represented employees would need to have used 37 vacation hours in the eligibility period of the first pay period in December 2010 through the last pay period in October 2011 (instead of needing to have used 40 hours in a 12 month period) to be eligible to sell -back vacation. (See language in City's June 23, 2011 proposal, TA'd on July 5, 2011.) 12. As part of this package agreement, all other City and POA proposals would be deemed withdrawn. Edward L. Kreisberg Lead Negotiator City of National City 11/H111 Dated: Dated: Bradley M. Fields Lead Negotiator National City POA CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2011 AGENDA ITEM NO. 13 . TEM TITLE: Resolution of the City Council of the City of National City modifying the contribution rates to the Public Employees' Retirement System by decreasing the City's contribution and incrementally increasing the member contribution paid by the City of National City's Police Officers' Association Represented Employees reaching a 100% employee contribution in July, 2013 PREPARED BY: 'ILilia Munoz, IIR Technician PHONE: 1336-4309,, EXPLANATION: DEPARTMENT: H APPROVED BY; On December 6, 2011, the City Council approved a Memorandum of Understanding (MOU) between the City of National City and the National City Police Officers' Association (NCPOA) for the period July 1, 2011 through June 30, 2014. The terms of the MOU included an amendment to Article 17, Public Employees' Retirement System (PERS). Since July 2009, the City has contributed seven percent (7%) of the employee's nine percent (9%) member contribution, with the employees contributing the other two percent (2%). As amended, NCPOA employees have agreed to pay the employee contribution as follows: three percent (3%) effective July 1, 2011, two percent (2%) effective July 10, 2012, and two percent (2%) (Non -sworn one percent 1%) effective July 9, 2013. As such, NCPOA employees will assume responsibility for the full employee contribution effective fiscal year 2013/2014. To effect this provision, pursuant to Government Code Section 20691, the City Council must amend the contract between the Board of Administration of PERS and the City Council by adopting a resolution specifying the plan change. Therefore, staff seeks a resolution reducing the Employer Paid Member Contribution to CalPERS for NCPOA employees to four percent (4%) effective July 1, 2011, two percent (2%) effective July 10, 2012, and eliminating the Employer Paid Member Contribution effective July 9, 2013. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL R Fiscal Year Savings FY 11/12 $310,822 FY 12/13 $526,421 FY 13/14 $771,477 N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: �^"' / /�ip{ance APPROVED: MIS STAFF RECOMMENDATION: Recommend approval of resolution.] BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: solution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) TO DECREASE THE CITY'S CONTRIBUTION, AND INCREMENTALLY INCREASE THE MEMBER CONTRIBUTION PAID BY EMPLOYEES REPRESENTED BY THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION, AND ELIMINATING THE CITY'S CONTRIBUTION EFFECTIVE JULY 9, 2013 WHEREAS, the City Council of the City of National City has the authority to implement Section 20691 of the Government Code, which provides that the City may periodically increase, reduce, or eliminate the payment by the City of all or a portion of the normal Public Employees' Retirement System (PERS) member contributions required to be paid by employees; and WHEREAS, since July 1, 2009, pursuant to the terms of a Memorandum of Understanding (MOU) with the National City Police Officers' Association (NCPOA), the City has paid as the Employer Paid Member Contribution (EPMC) 7% of the employee's PERS contribution for employees represented by the NCPOA, with sworn employees paying 2%, and non-swornemployees paying 1 % of the contribution; and WHEREAS, the City and the NCPOA have recently entered into a new MOU for the period July 1, 2011 through June 30, 2014, which provides in part that the City will pay a reduced EPMC for employees represented by the NCPOA, and that the EPMC will incrementally be eliminated, with said employees paying the full member contribution effective July 9, 201.3; and WHEREAS, to implement this provision of the new MOU, the City Council must amend the contract between the City Council and the Board of Administration of the Public Employees' Retirement System by adoption of a resolution specifying the plan change. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes an amendment to the contract between the City Council and the Board of Administration of the Public Employees' Retirement System to incrementally reduce and eventually eliminate the Employer Paid Member Contribution to PERS for employees represented by the National City Police Officers' Association, as follows: 1. This action shall apply to all sworn and non -sworn employees represented by the NCPOA. 2. The City shall pay 4% of the normal member contribution to PERS effective July 1, 2011, 2% of the normal contribution effective July 10, 2012, and the EPMC shall be eliminated in its entirety effective July 9, 2013. --- Signature Page to Follow --- Resolution No. 2011 — Page Two PASSED and ADOPTED this 6th day of December, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2011 AGENDA ITEM NO, 14 EM TITLE: Resolution of the City Council of the City of National City approving the negotiated compensation plan for the unrepresented Confidential employee group for the term January 1, 2012 through December 31, 2014. PREPARED BY: Stacey Stevenson DEPARTMENT: PHONE: 336-4308 APPROVED BY; EXPLANATION: The Confidential employee group is one of four groups that are not represented by a labor association. As such, they are not subject to collective bargaining. Because of similarities in placement in the organization and types of duties, historically, the City has tied key elements of the Confidential compensation plan to the Municipal Employees' Association (MEA) employee group. After formal negotiations with MEA, City staff began a series of informal discussions with the Confidential group. Having concluded the discussions, staff brings forward the following compensation adjustments, based in part on the MEA compensation package: Effective in the first full pay period in January, 2012, Confidential employees will increase their retirement contribution by 5%, for a total of the full 8% employee share, and receive a one-time stipend of 4%; in February, 2012, the City's contribution to health care will increase to $1,029.81 for employee plus family, only (the other tiers will remain at $602.11); beginning in benefits plan year February, 2012, the City and Confidentials will share the cost of any increases to health care a 50-50 cost sharing basis, based on the cost of the lowest priced medical and dental plans; and in fiscal years 2012, 2013 12014, Confidential employees will observe the two week holiday closure using accrued leave balances other than sick leave. FINANCIAL STATEMENT: ACCOUNT NO. Fiscal year Savings Fy 11/12 ($8,761.83) Fy 12/13 $18,584.19 Fv 13/14 $17.575.05 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approve the agreement. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: volution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE NEGOTIATED THREE-YEAR COMPENSATION PLAN FOR THE UNREPRESENTED CONFIDENTIAL EMPLOYEE GROUP FOR THE TERM JANUARY 1, 2012 THROUGH DECEMBER 31, 2014 WHEREAS, while not a formal bargaining group, the City of National City's Confidential Employee Group, informally negotiates wages and benefits; and WHEREAS, although such negotiations are distinguished from other general employees, wage and benefits adjustments for Confidential employees are typically in -line with those of the National City Municipal Employees' Association ("MEA"); and WHEREAS, in July 19, 2011, the City Council approved a three year contract with the MEA; and WHEREAS, after formal negotiations with the MEA, City staff began a series of informal discussions with the Confidential group regarding a compensation plan, and recommend the following compensation adjustments: Effective the first full pay period in January 2012, Confidential employees will increase their retirement contribution by 5%, for a total of the full 8% employee share. • In February 2012, receive a one-time stipend of 4% of base salary. • The City's contribution to health care will increase to $1,029.81 for employee plus family. The other tiers will remain at $602.11. Beginning in benefits plan year February 2012, the City and Confidential employees will share the cost of any increase to health care on a 50/50 cost -sharing basis, based on the cost of the lowest priced medical and dental plans. In Fiscal Years 2012, 2013 and 2014, Confidential employees will observe the two week holiday closure using accrued leave balances other than sick leave. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the negotiated three-year compensation plan, as set forth above, for the unrepresented Confidential employee group for the term January 1, 2012 through December 31, 2014. PASSED and ADOPTED this 6th day of December, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva, City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ",?!.ET!NG DATE: December 6, 2011 AGENDA ITEM NO.15 fEM TITLE: Resolution of the City Council of the City of National City modifying the contribution rates to the Public Employees' Retirement System by eliminating the City's contribution and increasing to 8% the member contribution paid by the City of National City's miscellaneous employees, Confidential Employee Group Subset PREPARED BY: !Cilia Munoz, HR Technician DEPARTMEN PHONE: 336-4309 APPROVED EXPLANATION: Since January 2011, the City and its Confidential employees have shared the cost of the employee's retirement contribution with the City contributing five percent (5%) of the employee's eight percent (8%) member contribution, and the Confidential employees contributing the other three percent (3%). As amended, the miscellaneous employees in the Confidential Employee Group will pay an additional five percent (5%) of the employee contribution effective January 10, 2012. As such, employees will assume responsibility for the full employee contribution. To effect this provision, pursuant to Government Code Section 20691, the City Council must amend the contract between the Board of Administration of PERS and the City Council by adopting a resolution specifying the plan change. Therefore, staff seeks a resolution to eliminate the Employer Paid Member Contribution to CaJPERS for miscellaneous employees in the Confidential Employee Group, FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A Fiscal Year Savings FY 11/12 (6 months) $11,851 FY 12/13 $23,703 FY 13/14 $23,703 FY 14/15 (6 months) $11,851 ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: ;Recommend approval of resolution.'' BOARD / COMMISSION RECOMMENDATION: !N/A! ATTACHMENTS: solution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS), TO ELIMINATE THE CITY'S CONTRIBUTION AND INCREASE THE MEMBER CONTRIBUTION PAID BY MEMBERS OF THE CONFIDENTIAL EMPLOYEE GROUP SUBSET OF THE CITY'S MISCELLANEOUS EMPLOYEES, EFFECTIVE JANUARY 10, 2012 WHEREAS, the City Council of the City of National City has the authority to implement Section 20691 of the Government Code, which provides that the City may periodically increase, reduce, or eliminate the payment by the City of all or a portion of the normal Public Employees' Retirement System (PERS) member contributions required to be paid by employees; and WHEREAS, since January 1, 2011, the City and the members of the Confidential Employee Group Subset of the City's Miscellaneous Employees (the Confidential Employees) have shared the cost of the Confidential Employees' normal PERS member contributions, with the City paying as the Employer Paid Member Contribution (EPMC) 5% of the employee's contribution, and the employees paying 3% of the contribution; and WHEREAS, the City and the Confidential Employees have recently agreed to pay an additional 5% of the employee's contribution, resulting in the Confidential Employees paying the entire 8% employee's contribution, effective January 1, 2012; and WHEREAS, to implement this change, the City Council must amend the contract between the City Council and the Board of Administration of the Public Employees' Retirement System by adoption of a resolution specifying the plan change. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes an amendment to the contract between the City Council and the Board of Administration of the Public Employees' Retirement System to eliminate the Employer Paid Member Contribution to PERS for the Confidential Employee Group subset of the City's Miscellaneous Employees, as follows: 1. This action shall apply to all Miscellaneous Employees, Confidential Employee Group Subset. 2. Effective January 1, 2012, the members of the Confidential Employee Group Subset of the City's Miscellaneous Employees shall pay an additional 5% of the employee's normal PERS member contribution, eliminating the City's EPMC contribution and resulting in the Confidential Employees paying the entire 8% contribution. 3. The effective date of this resolution shall be December 6, 2011 --- Signature Page to Follow --- CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2011 AGENDA ITEM NO. 16 TITLE: Authorizing the issuance of a Request for Proposals (RFP) for Vehicle and Equipment Maintenance. Prospective firms/teams will be required to accommodate working space for the City Mechanics and demonstrate how they can provide routine and as needed services. PREPARED BY: Brad Raulston, Executive Director DEPARTMENT: Public orks PHONE: 336-4256 APPROVED BY: EXPLANATION: The City of National City (City) is seeking proposals from qualified firms/teams to partner (VEM Partner) with the City to provide working space for City mechanics and repair and maintenance services for the City's fleet of vehicles and equipment. Due to a Development and Disposition Agreement (DDA) for an affordable housing project, the City is contractually obligated to relocate its public works yard which currently provides space for vehicle and equipment maintenance. There are currently four City mechanics that require adequate working space to continue their job functions. Additionally, the City contracts with vendors to provide routine and special maintenance for vehicles and equipment as needed. Rh, requesting proposals, the City is in no way obligated to award a contract or pay the expenses of )osing financial institutions in connection with the preparation or submission of a proposal. See attached RFP for further information. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Authorize Issuance of RFP BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: NFT RFP REQUEST FOR PROPOSAL FOR VEHICLE AND EQUIPMENT MAINTENANCE City Of National City 2100 Hoover;: Ave. National City, CA`91960 619-336-4330, Distribution/Advertisement: December 7, 2011 Submittal Deadline: 12:00 p.m., January 23, 2012 REQUEST FOR PROPOSAL FOR VEHICLE AND EQUIPMENT MAINTENANCE I. INTRODUCTION The City of National City (City) is seeking proposals; from qualified firms/teams to partner (VEM Partner) with the City to provide working space for City mechanics and repair and maintenance services for the; City's fleet of vehicles and equipment. The VEM Partner must be incorporated under'the laws of the State of California or of the United States with a location, within..: the City limits. Firms are encouraged to partner with other firms to form teams that can present a comprehensive package for all space and service needs of the City as described in this document. II. BACKGROUND The City is a "general law city incorporated on September 12, 1887. National City, San Diego County's second oldest city, is located in San Diego County, California. It is borderred by the City of San Diego otn the north and east and the e City of Chula Vis on the. south, and is a ten' --minute drive from either downtown San Diego or. tho;:Mexican border The estimated population for 2009 is 56,522. The Council is comprised of five elected citizens and the City Manager is the City's chief ex.ecutrve Due to .a Development and Disposition Agreement (DDA) for an affordable housing project, the City is contractually obligated to relocate its public works yard which currently provides space for vehicle and equipment maintenance. • There are currently four Gity mechanics that require adequate working space to continue their jo,;functioi. Additionally, the City contracts with vendors to provide routine and special maintenance for vehicles and equipment as needed. By requesting proposals, the City is in no way obligated to award a contract or pay the expenses of proposing institutions in connection with the preparation or submission of a proposal. The awarding of any contract will be contingent on the availability of funds and the requisite staff and Council approvals. III. GENERAL SPACE NEEDS AND SCOPE OF SERVICES The City of National City requires that VEM Partners provide working space for National City mechanics and repair and maintenance services for the City's vehicles and equipment. The list below is general and specific needs may be further identified during the selection process. Work Space Requirements Shall provide an equipment maintenance oriented:wbrkarea large enough to facilitate the maintenance and repair of a fleetor210 various types of vehicles and equipment. Detailed list is provided in below andinventory in Attachment A. The space requirements are, but are not limite'd4o the foliowing • 4 to 6 Maintenance stalls • Parts room and storage area - • Welding and fabrication area • Area for recycled tires , • Hazardous material recycling storage area spacefor batteries ... .,... . • Oil storage and dispensing. •-_ • Vehicle parking area • Employee parking area .. - • Eye wash station .. • Office area with computer station • Bathroom and break room • Secured area for mechanics personal tools • Vehicle lifts Other support equipment needed: • Air compressor for air tools hook-up 90 to 100 PSI • Electrical.110, 220,.240, and 308 3-phase • Parts washer station; • Vehicle wash rack .---' • Brake Lathe - •` . . _. • Drill Press • Hydraulic Press Vehicle and Equipment Maintenance It is requested that you submit a plan and cost breakdown to provide overflow vehicle maintenance for the routine preventive maintenance as well as mechanical repair for the City's vehicle fleet. The City requests the VEM Partner demonstrate the ability to provide routine preventive maintenance (PM) and repair services when called upon. These services may include but are not limited to the following: Manufacturer recommended standard preventative. maintenance services and safety inspection; • Tires, brakes, air pressure, mirrors wipers, air filters-, ect.`` • Check, inflate, and rotate tires to proper pressure and condition • Check all exterior lights • Change the vehicle's oil and filter with manufacturer required motor oil & filter • Inspect shocks, front and rear, steering and suspension • Inspect the wiper blades and replace, if needed. • Check and fill all fluids, if needed • Check & fill brake fluid • Check & fill transmission / transaxle fluid • Check & fill differential and coolant fluid, • Check & fill power steering fluid • Check & fill windshield wash fluid • Check & fill battery water • Lubricate all grease fittings (if needed) May include enhanced preventative m. aintenance; (As recommended for 15K, 20K and30K mileage intervals) Transmission service andall accessible fuel filters changed Minor tune-up .; Replace PVC valve Replace fuel filter Wheel alignment Other services may include: Annually Smog program to test and certify all vehicles for California smog program Speedometer calibration and repair Transmission, engines, and rear end repair or replacement Suspension, alignment and exhaust work Air condition or heater core repair or replacement Annually opacity test for all diesel engines for air quality Windshield and window repair or replacement All major repair to Fire equipment and apparatus (Proposal should include an estimate for any additional activities) Subcontractors: [he City prefers to have a single Contractor that is able to perform all services. However, if necessary, Contractors may subcontract specialty work to subcontractors who have been approved prior to the start of work. The Contractor shall be responsible for all costs, liabilities and warrantees associated with doing business with its subcontractors unless otherwise mutually agreed upon with the City. Inventory of Vehicles and Equipment (See Attachment A for detailed inventory) There are a total of 210 pieces of equipment and ehiclesthat Vehicle and Equipment Maintenance maintains. The following is a general breakdown (Flease,.,refer to Attachment A for specifics): Light • 9 Light SUV's [like Tahoe's or Explarer's],, • 15 Light trucks [like Rangersj • Medium • 5 °Medium SUV',s like=expedition' 6 Light vans [like an Astroor tar van • 25 Medium trucks [like F150's to F450's] • 5 Medium vans Pike For E150] • 10 Medium trailers 4ball mount] • 2 Diesel pow:red trucks [Equipment shop truck and Wastewater service truck, F450] Heavy • 7 Emergency vehicles [like fire trucks and apparatus] • 3 Heavy duty trailers [with pintle hook trailer coupler] • 11 Big non -emergency diesel trucks [like dump trucks] Equipment • 8 Pieces of construction "on road" equipment [like loaders and backhoes] • 4 Pieces of medium equipment [Like the stump grinder or the paint striper] • 10 Pieces of light equipment [like lawn mowers] • 3 Radar Trailers [the Police use them] • 5 Portable pieces of equipment [like the trash pump or the Public Works generator] • 4 Stationary generators [like the Civic Center emergency generator] Vehicles • 69 Sedans [like Ford, Pontiac or(hevrOlet passenger vehtleS] • 3 Hybrid teaseagaVaispdans • 6 Motorcycles [4 BMW's and scooters14:: VI. SUBMITTAL REQUIREMENTS . • . The VEM Partner shaii.:follOVV the format specified below. Each section should be tabbed and labeled.in the order shown A. Title Page B. Table of Contents T, C. Cover Letter D. Project Personnel (1 to 2 pages) Please detail the roles and responsibilities of the team members that will be involved in executing your proposal. Provide qualifications and work history for key personnel. Specify who will be the point of contact at the executive and administrative levels. E. References (1 to 2 pages) Please provide at least three professional references. F. Scope of Work: Required Space and Services G. Licenses, certifications and other regulatory requirements Please provide supporting documentation for all of the required approvals of regulatory agencies that are involved with your business QUESTIONS Each Bidding Contractor is responsible for carefully reading and fully understanding the terms and conditions of this RFP. All contact between Bidding Contractors and the City will be formally made at scheduled meetings or in writing through the Public Works Director. Requests for clarification or additional information must be made in writing to the Public Works Director and received at address listed on the cover page no later than 3 30 p.m. on January 16, 2011. Such requests should contain the following: "QUESTIONS: VEM RFP". Only written communicatioris relative to this RFP shall be considered. Hard copy, facsimile, and electronic:mail are acceptable methods for submission of questions. It is incumbent upon the Bidding°. Contractor to verify City receipt of their questions. All questions will be, answered in writing. Both questions and answers may be distributed, without identification of the inquirer(s), to all Bidding Contractors who are on record with the .Public Works Director as having received this RFP via an addendum. No oral cor rlk inications can be relied upon for this RFP. To the extent that a question causes a change to any part of this RFP, an addendum shall be issued addressing such. XI. EVALUATION OF PROPOSALS The selection of the VEM Partner to the City will be_ based &v..,the facilities and qualifications as presented in this proposal, overall value and overall cost to the City, the experience and success of the VEM Provider in providing repair and maintenance services, and the firm's ability to provide the...services outlined in the RFP. A recommendation committee will review the proposals'' The proposals will be evaluated and ranked in accordance with the evaluation criteria described below. COMPETITIVE CRITERIA: Proposals that meet the minimum qualifications well be evaluated and ranked using the following criteria. 30% - Location and work experience Ability to provide a geographic location within the National City limits with close proximity of City facilities to expedite any regular or emergency repairs and to demonstrate experience of the company in relation to these needs. 30% - Work space requirements Ability to provide the City with the necessary work areas, storage, parking areas, and infrastructure needed to allow City mechanics to satisfy their job functions. 1 30% - Comprehensive maintenance package Cost evaluation and proposed pricing for a comprehensive maintenance package and any other enhanced preventative maintenance service needed which includes service to fire vehicles and other heavy equipment. 10% - Cost and quality of overflow work Demonstrate their ability to perform all functions necessary in providing the Vehicle and Equipment services and provide an estimated price for the service. XII. SUBMITTAL SELECTION PROCESS.: Staff will review the submittals and "short-list" the most qualified respondents. The recommendation committee will then interview key personnel of selected respondents and conduct site tours of the working space that will be provided. Thereafter, a recommendation will be made to City Council for a final decision. XIII. SUBMITTAL AND APPROVAL SCHEDULE.' Distribution/Advertisement Deadline for questions Deadline for response Interviews and site visits Selection_and:Recommendation City Council Approval December 7, 2011 January 16 2012 January 23, 2012- Feb 1-5-March.7 2012 March 21, 2012 April 17, 2012 XIV. DECLARATIONS AND ADDITIONAL INFORMATION The City of National... City Rights Regarding this Invitation The City reserves the right to reject all submittals for any reason without indicating reasons for said rejection. The City doesn't accept any financial responsibility for any costs incurred by respondent. Issuance of this Request for Proposal does not commit the City to award a contract, to pay any costs incurred in the preparation of a response to this request, or to procure a contract for services. The City reserves the right to waive any irregularities or informalities in the proposal or proposal process. The City retains the right to reject all submittals. Selection is also dependent upon the negotiation of a mutually acceptable contract with the successful respondent(s). Acknowledgement of Amendments Each firm receiving a copy of this shall acknowledge receipt of any amendment to this Request for Proposal by signing and returning the amendment with the completed proposal. The acknowledgment must be received by the City of National City at the time and place specified for receipt of qualifications. Additional Information. Questions regarding this solicitation shall be submitted in writing to: City of National City Attn: Joe Smith, Public Works Director 2100 Hoover Ave. National City, CA 91950 jsmith(a�nationalci,tyca.gov Respondents/firms are. cautioned that any oral statements made that materially change -.any,; portion of this RFP are not -.valid unless subsequently ratified by a fotnial written, amendment to this RFP. No technical questions that may materially change any portion of this RFP will be accepted during the seven calendar days prior to the time and date set for receipt of proposals. Nonconforming Terms and Conditions. Any proposal that includes ternisand conditions that do not conform to the terms and conditions of this RFP is subject to rejection as non -responsive. The City of National City reserves the tight to permit the respondent to withdraw non- conforming terms and conditions from its proposal prior to action by the City of National City, City Council and/or the Community Development Commission to award a contract. Late Submission Any proposal received after the date and time specified for receipt shall not be accepted or considered. Right to Cancel The City reserves the right to withdraw or cancel, for any or no reason, at any time, in part or in its entirety, this RFP, including but not limited to: selection schedule, submittal date, and submittal requirements. Variations in Scope of Work The City may materially change the scope of services by way of written amendment to this RFP. Such changes may include additions, deletions, or other revisions within the general scope of RFP requirements. The City may waive the written requirement for a variation in the scope of services if, in the opinion of the City, such variation does not materially change the item or its performance within parameters acceptable to the City. Applicable Laws The contracts awarded shall be governed in ;;all respect by the laws of the State of California, and any litigation relayed to the contract or this RFP shall be brought in the State of California, with'a venue of the San Diego Superior Courts. The firm(s) awarded the contracts shall comply with all applicable Federal, State, and local laws and regulations. Public Information All documents received by the City. are corit;tdered public records and will be made available after the RFQ selection for publie inspection and copying upon request. Compensation The respondent agrees, if selected, that compensation shall remain firm and fixed throughout the terms of the contracts. Insurance Requirements All required insurance shall be submitted within fifteen (15) days of notice of selection and prior to the commencement of any work. Failure to provide the insurance certificates within this time frame shall be cause for the proposal to be rejected as non -responsive. The entity/organization selected shall maintain insurance in full force and effect during the entire period of performance under the contract(s). Failure to do so shall be cause for termination of the contract(s). All policies must have a thirty (30) day non -cancellation clause giving the City Of National City and the Community Development Commissions thirty (30) days prior written notice in the event a policy is cancelled. At the end of each contract year, the City Of National City reserves the right to review insurance requirements and to require more or Tess coverage depending /0 on the assessment of risk, the entity/organization's past experience, and the availability and affordability of increased liability insurance coverage. Any aggregate insurance limits must apply solely to this contract. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, then the entity/organization shall maintain such insurance coverage for three years after the expiration of the term (and any extensions) of the contract. Independent Contractor Status The respondent agrees, if selected, that he or she shall perform the services as independent contractor(s) and not employee(s} of .the City of National City. The City shall not be considered the employer; of respondent. The respondent understands, if selected, the respondent shall „have the sole responsibility for deciding the manner and means of providingthe `services,, except as outlined in the final contract and its attachments —Or exhibits. Indemnification The respondent agrees, if selected, to indemnify and hold harmless the City of National City and all their respective. officers and employees from any and all liability, claims, costs, including'`reasonable attorneys fees, demands, damages, expenses, and causes of action as .outlined in the contract. Examination of. Solicitation The respondent understands that the information provided herein is intended solely to assist the respondent ;in submittal preparation. To the best of the City's knowledge, the information prodded is accurate. However, the City does not warrant such accuracy, and any errors or omissions subsequently determined will not be construed as a basis for invalidating this solicitation. Further, by submitting a response to this solicitation, the respondent represents that he or she has thoroughly examined and become familiar with work required in the solicitation and is capable of performing quality work and to achieve the objectives of the City. 2.0 APPENDICES Attachment A - Attachment B- Vehicle and Equipment Inventory Basic Requirements Checklist ATTACHMENT A Vehicle inventory list Vehicle # Model Year Type Light Vehicles 01 390 Ford Crown Victoria 2000 Police K-9 PD 02 436 Ford Crown Victoria 2003 Police K-9 PD 03 447 Ford Crown Victoria 2003 Police K-9 PD 04 451 Ford Crown Victoria 2003 Police K-9 PD 05 487 Ford Crown Victoria 2008 Police K-9 PD 06 489 Ford Crown Victoria 2008 Police K-9 PD 07 491 Ford Crown Victoria 2008 Police K-9 PD 08 102 Ford Crown Victoria 2008 Police Patrol PD 09 103 Ford Crown Victoria 2008 Police Patrol PD 10 104 Ford Crown Victoria 2008 Police Patrol PD 11 105 Ford Crown Victoria 2008 Police Patrol PD 12 122 Ford Crown Victoria 2009 Police Patrol PD 13 123 Ford Crown Victoria 2009 Police Patrol PD 14 388 Ford Crown Victoria 2000 Police Patrol PD 15 389 Ford Crown Victoria 2000 Police Patrol PD 16 405 Ford Crown Victoria 2001 Police Patrol PD 17 406 Ford Crown Victoria 2001 Police Patrol PD 18 439 Ford Crown Victoria 2003 Police Patrol PD 19 450 Ford Crown Victoria 2003 Police Patrol PD 20 472 Ford Crown Victoria 2007 Police Patrol PD 21 474 Ford Crown Victoria 2007 Police Patrol PD 22 475 Ford Crown Victoria 2007 Police Patrol PD 23 476 Ford Crown Victoria 2007 Police Patrol PD 24 486 Ford Crown Victoria 2008 Police Patrol PD 25 490 Ford Crown Victoria 2008 Police Patrol PD 26 132 Ford Crown Victoria 2006 Admin PD 27 133 Ford Crown Victoria 2006 Admin PD 28 400 Mercury Grand Marquis 2000 Admin PD 29 493 Buick Lacrosse 2007 Admin car PD 30 120 Chrysler 300 2005 Assets PD 31 145 Nissan Altima 2011 Assets PD 32 146 Nissan Altima 2011 Assets PD 33 484 Ford Taurus 2007 Detective PD 34 485 Ford Taurus 2007 Detective PD 35 353 Ford Taurus 1998 Detective PD 36 404 Ford Taurus 2000 Detective PD 37 427 Dodge Intepid 2001 Detective PD 38 431 Toyota Camry 2001 Detective PD 39 433 Ford Taurus 2001 Detective PD 40 455 Dodge Grand Caravan 2003 Detective PD 41 456 Dodge Intepid 2004 Detective PD 42 457 Ford Taurus 2003 Detective PD 43 458 Mitsubishi Gallant 2003 Detective PD 44 018 Dodge van 1981 Paddywagon PD 45 137 Nissan Maxima 2011 Program Vehicle PD 46 138 Chevrolet Traverse 2011 Program Vehicle PD 47 139 Chevrolet 2011 Program Vehicle PD 48 140 Chevrolet 2011 Program Vehicle PD 49 50 5` 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 141 Chevrolet 212 Chevrolet 213 Chevrolet 338 Ford 342 Ford 440 Ford 335 Ford 341 Ford 135 Ford 136 Ford 368 Ford 409 Ford 438 Ford 101 BMW 461 BMW 462 BMW 463 BMW 481 Ford Explorer 401 Ford Taurus 483 Ford Taurus 331 Chevrolet Suburban 469 Chevrolet Suburban 482 GMC Envoy 326 Ford Taurus 465 Ford F150 466 Ford F150 290 Pontiac Grand AM 395 Buick Century 434 Ford Taurus 452 Ford F150 321 Ford Ranger 348 Go-4 435 Go-5 444 Chrysler PT Cruiser 124 Toyota Prius 126 Toyota Prius 127 Toyota Prius 356 Ford Taurus 372 464 417 106 307 309 354 377 298 299 040 295 296 318 Ford Ranger Ford Ranger Ford F150 Pontiac G6 Pontiac Bonneville Ford F150 Ford Taurus Ford F150 Ford F150 Ford F150 Ford Van Ford Ranger Ford Ranger Ford Ranger 2011 Program Vehicle 1991 Program Vehicle 1991 Program Vehicle 1998 Supervisor Car 1998 Supervisor Car 2003 Supervisor Car 1998 Supervisor Car 1998 Supervisor Car 2011 Supervisor Car 2011 Supervisor Car 1999 Supervisor Car 2001 Supervisor Car 2003 Supervisor Car 2007 Traffic motorcycle 2004 Traffic motorcycle 2004 Traffic motorcycle 2004 Traffic motorcycle 2002 Admin car 2000 Admin car 2007 Admin car 1998 Command Vehicle 2006 Command Vehicle 2007 Admin 1996 Admin car 2004 Admin car 2005 Admin car 1995 Admin car 2000 Admin car 2001 Admin car 2003 Graffiti truck 1997 Traffic 1998 Traffic 2002 Traffic 2002 Traffic 2009 Pool 2010 Pool 2011 Pool 1998 Pool 1999 Pool 2005 Pool 2001 Pool 2008 Pool 1995 Pool 1997 Work truck 1998 Pool 2000 Supervisor truck 1996 Work truck 1996 Work truck 1976 Lift truck 1996 Work truck 1997 Work truck 1997 Work truck PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD PD Fire Fire Fire Fire Fire Fire Building Housing & Grants Housing & Grants Section 8 Section 8 Neighborhood Services Neighborhood Services Neighborhood Services Neighborhood Services Neighborhood Services Neighborhood Services Engineering Engineering Engineering Engineering Engineering Engineering Engineering Public Works Public Works Public Works Public Works Public Works Sewer Public Works Street Public Works Street Public Works Facilities Public Works Facilities Public Works Facilities Public Works Facilities 101 350 Ford Ranger 102 393 Ford F150 103 269 Pontiac Grand Prix 104 418 Ford F250 105 070 Saturn 106 357 Ford Contour 107 131 Ford Ranger 108 399 Ford Ranger 109 272 Plymouth Caravan 110 334 Chevrolet Astro Van 111 359 Ford Windstar van 112 184 GMC 113 276 Ford Ranger 114 294 Ford Ranger 115 297 Ford F150 116 308 Ford F150 117 316 Ford Ranger 118 317 Ford Ranger 119 346 Ford Ranger Medium vehicles 120 492 Ford F250 121 119 Nissan Titan truck 122 477 Chevrolet Tahoe 123 134 Chevrolet Equinox 124 142 Chevrolet Tahoe 125 143 Chevrolet Tahoe 126 144 Chevrolet Tahoe 127 413 Ford Expedition 128 415 Ford Expedition 129 414 Ford Expedition 130 218 Chevrolet HD 3500 131 398 Ford F450 132 071 Dodge Ram 2500 133 175 GMC stake bed truck 134 185 Chevrolet cargo van 135 319 Frod F450 136 445 Frod F450 137 397 Frod F450 138 322 Ford F450 139 467 Ford F450 140 446 Ford Econoline van 141 391 Ford E150 142 396 Ford F250 143 320 Ford F350 Heavy Vehicles 144 494 LDV 145 281 Central State 146 499 Pierce 147 460 Pierce 148 470 Pierce 149 151 Pierce 150 171 Seagrave 1998 Work truck 2000 Work truck 1995 Pool 2001 Shop truck 2001 Pool 1998 Pool 2008 Meals on wheels 2004 Meals on wheels 1994 Passenger Van 1997 Passenger Van 1999 Passenger Van 1989 Work truck 1995 Work truck 1996 Work truck 1996 Work truck 1997 Work truck 1997 Work truck 1997 Work truck 1998 Work truck 2008 Animal control 2004 Assets 2003 Assets 2011 Detective 2011 Program Vehicle 2011 Program Vehicle 2011 Program Vehicle 2001 Program Vehicle 2001 Program Vehicle 2001 Swat 1991 Rescue 2000 Graffiti truck 2001 Pool 1989 Pool 1990 Pool 1997 Dump truck 2002 Dump truck 2000 Paint truck 1998 Dump truck 2006 Crew truck 2002 CC TV Van 2000 Cargo van 2000 Shop truck 1997 Stake bed dump Public Works Facilities Public Works Facilities Public Works EQM Public Works EQM Library Community Services Nutrition center Nutrition center Community Services Community Services Community Services Public Works Parks Public Works Parks Public Works Parks Public Works Parks Public Works Parks Public Works Parks Public Works Parks Public Works Parks PD PD PD PD PD PD PD PD PD PD Fire Neighborhood Services Public Works Public Works Public Works Public Works Street Public Works Street Public Works Street Public Works Sewer Public Works Sewer Public Works Sewer Public Works Facilities Public Works Facilities Public Works Parks 2008 Command Vehicle PD 1996 Aerial Pumper Fire 2009 Quint 2004 Pumper 2006 Pumper 2011 Pumper 1989 Pumper Fire Fire Fire Fire Fire 151 152 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 376 Kohler/John Trailers 195 128 VCALM 196 129 VCALM 197 130 VCALM 198 153 Wells Cargo 199 459 Universal 200 073 Pace Ottawa -Beck Ford International International Ford F450 International Aquatech-7400 Ford F450 Thomas Ford F450 Freightliner 236 114 G4 392 360 412 478 410 425 419 426 Equipment 001 002 003 004 108 471 118 349 373 048 188 189 117 109 169 239 273 113 067 110 111 107 424 332 333 394 ' 274 090 112 121 411 422 Kohler/John Kohler/John Cummins Kohler/John Case Cat Schwarze GMC t7500 Athey Athey Tennant Clark Clark Mauldin Bomag M-B Ingersol Rand Case Atlas Copco Gorman Rupp Kubota Kubota Case First Products Toro Toro Toro Jacobson Vermeer Vermeer Turf Van EZ-GO dump EZ-GO dump 1991 1987 1999 2000 1999 2002 2006 2001 2002 2000 2001 Pumper 10 yard dump Dump truck Patch truck Stincl Water truck Sewer flusher Sewer rodder Bus Passenger Bus Chipper dump 2004 Generator 2004 Generator 1965 Generator 1993 Generator 2009 Backhoe 2007 Loader 2009 Sweeper 1999 Sweeper 1999 Sweeper 1981 Yard sweeper 1978 Forklift 1990 Forklift 1987 Paver 2009 Roller 1989 Striper 1992 Light Twoer 1995 Backhoe 2009 Pump 1985 6" Trash pump 2009 Turf tractor 2009 Turf tractor 2009 Turf tractor 2000 Areator 1997 Gang Mower 1997 Mower 1994 Mower 1995 Mower 1986 Grinder 2009 Chipper 1987 Lawn Vac 2001 Work hourse cart 2001 Work hourse cart 1991 Sprayer 2009 Radar Trailer 2009 Radar Trailer 2009 Radar Trailer 1988 Trailer 2005 Trailer 2005 Utility Trailer Fire Public Works Street Public Works Street Public Works Street Public Works Street Public Works Street Public Works Sewer Public Works Sewer Library Community Services Public Works Parks Fire Station 34 Fire Station 31 Civic Center PD Public Works Street Public Works Street Public Works Street Public Works Street Public Works Street Public Works Street Public Works Street Public Works Street Public Works Street Public Works Street Public Works Street Public Works Street Public Works Sewer Public Works Sewer Public Works Sewer Public Works Parks Public Works Parks Public Works Parks Public Works Parks Public Works Parks Public Works Parks Public Works Parks Public Works Parks Public Works Parks Public Works Parks Public Works Parks Public Works Parks Public Works Parks Public Works Parks PD PD PD PD PD PD is 201 202 203 204 205 206 207 208 209 210 480 Scotty 420 Zieman 014 RPM 149 RPM 116 RPM 152 Olathe 238 Vinta 441 Aros 231 Century 072 Pace 2000 Education Trailer 1987 Trailer 1982 Trailer 1988 Enclosed Trailer 1987 Trailer 1987 Trailer 1991 Trailer 2002 Utility trailer 1991 Stage 2005 Utility trailer Fire Public Works Street Public Works Street Public Works Facilities Public Works Parks Public Works Parks Public Works Parks Public Works Parks Public Works Parks Community Development Attachment B Basic Requirements check list, The following is basic work space requirements needed to facilitate the maintenance and repair of the City of National City's fleet. Check all boxes that apply to your business. Prospective Contractor Date/Time Number Maintenance stalls 2 I 13 4n 50 6 Parts room n Welding room General storage area Recycle tire storage area Battery room Ilazardous material storage arca New and recycled oil storage Vehicle parking area Employee parking area Eye wash station Office area Computer station Mechanics bathroom and break room Secured area for mechanics personal tools Standard vehicle lifts Large vehicle lifts Li Air compressor and air tools hook-up Parts washer station n Vehicle wash rack Brake lathe n Drill press Hydraulic press Tire machine II II II II n Wheel balancer n Suspension and alignment rack Electrical supply n 110 220 240 308 3-Phase Diagnostic equipment Service diagnostic tool Smog n Speedometer calibration t1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE December 6, 2011 AGENDA ITEM NO. 17 .. EM TITLE: TEMPORARY USE PERMIT — Sweetwater Harley Davidson Christmas Party for Military Group "Center Information Dominant" at 3201 Hoover Avenue on December 8, 2011 from 6:00 p.m. to 12:00 a.m. with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Nei • iorhosd Services Division APPROVED BY: This is a request from the Sweetwater Harley Davidson to conduct a Christmas party for the military group Center Information Dominant (CID) inside the showroom floor. Food will be provided by Dinners by David and bar will be provided by Continental Catering. 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 are 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 $200.00 inspection fee for after hour/weekend fire inspection (NCFD). PD fees pending. 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. Actual Event Hours: 6:00 am/& to I L:CD ame Setup/assembly/construction Date: 12-1:4-) I Start time Type of Event: Public Concert Parade _ Motion Picture Event Title: Fair _ Demonstration Grand Opening dlI jWLS T1/141 Event Location: 5W1v iVi t;r Festival Circus L( Other Community Event rtrr�2f11 *gimp �JJ rfi �4513x� Event Date(s): From IL -DR -II to )2-0g-)1 Total Anticipated Attendance: 'DO Month/Day/Year ('DO Participants) ( Spectators) tr 3' OD j>NI Please describe the scope of your setup/assembly work (specific details): Riau) 414- 61LS Bar (jO71 $J? kai1. S Dismantle Date: I2-0q- II Completion Time: 1L3V ()pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of dosing and day and time of reopening. Att )(For Profit Sponsoring Organization: 6l iL)1 Chief Officer of Organization (Name) /14.1/1Jf Applicant (Name): Address: Daytime Phone: MI) 9M—Igt I Evening Phone: ) 477 4 7 lax: (kL 0/ 4/7-dn7 7 Contact Person "on site" day of the event: ,I/JipValet `i(9-%,41-5� o Pager/Cellular: 1'lav( 1/9-0/4-/fsj— \ 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 _ YES X NO $ 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. 41:5 1'3 a_ .rnithil �h�ziyiar�s � 3/11es,hAt' I2t.r .110tvap t nv u c/ taiuiiiittA, hln) j , he/11 >h th ea he ,( at IL i1✓l.✓t ��- FZ) ►un'II hi ?wad h i 41,1 bar krill hi ai'i1rr� f P ,i„ � l hilly J YES XNO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? It NO, list any additional dealers involved in the sale: �/XYES 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: j'(' YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES x NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES 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. r Food Concession and/or Food Preparation areas J J i Please describe how food will be served at the event: t7 $ kriIl bi iip itto e If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet acilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there re 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 Tr Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above r 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.) 3 Number of trash cans: 3 Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: ti)P c�JfJl iiiv .5Drntrnp P 4 R rt/f1GVJ'f j C4r/Ey LlL4 v61 c, 4 Q lit '4" wtt n n aWai r w ntivtkAde - J 3 -tad, ben. Please describe your procedures for both Crowd Control and Internal Security: i{? will hi, y r mill ,1 tie/fkr edit' '43 RYES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list - Security Organization:.) . G1�i r 4 � S Security Organization Address: Security Director (Name): -Jfltd ph & I/Z I' Phone: aiti—g0 / Clw 7 RYES 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. vJ iu� vt, fA 1 V - i l�n)G /W"11 i k,/_1 be ht114 iL I'DiYl'tt t btiv jIlvt r. Ple e describe your Accessibility Plan for access at your event by individuals with disabilities: 14 hot 71V / 1C4f�1J1 /YY /? �G1�Ka�1l� 'poi 4,6 r/. Please provide a detailed description of your PARKING plan: Ater' epi r%'tt (el , Cc r 4 2,3 )1-1- Please describe your plan for DISABLED PARKING: We Nil &t io Lite ail 4 Please describe your plans to notify all residents, businesses and churches impacted by the event / / j 1.f.�2i1/-4.4! S hi/ �l > eln5—(Z iti& ahl iM �h tra tfS J12L 1�i111t . NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. LYES _ 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: Iy YES NO Will sound amplification be used? If YES, please indicate: f,: OD Start time: m Finish Time YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YESY 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 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 Address 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 $k'i 1111tf' Person in Charge of Activity ,3,2vi -tyVtr j?7 Telephone Ng-4-77-447 7 �'-b iP ( M oigo Date(s) of Use Aiv. Ape 1_2or 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 activ en un• - ;;•ermit by the permittee or its agents, employees or Si,n.tu : i pp ant enhalli )4ma y Official Title ate For Office Use Only Certificate of Insurance Approved Date 7 REQUEST FOR A WAIVER OF FEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date 9 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: SWEETWATER HARLEY DAVIDSON EVENT: CHRISTMAS PARTY FOR C.I.D. DATE OF EVENT: December 8, 2011 TIME OF EVENT: 6PM TO 12AM APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO 1 ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES l x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO I ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Applicant shall coordinate with City Police, PW and Fire for traffic control for road closure. RISK MANAGER (619) 336-4370 This looks fine. Its all confined to within their premises and they have signed the Hold Harmless and Indemnification Agreements. PUBLIC WORKS (619)366-4580 Public Works has no involvement in this event. FINANCE Approved Stipulations: The D.J., "Continental Catering" & "Dinners by David" need a business license FIRE (619) 336-4550 3 idulations required by the Fire Department for this event are as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc 2) Fire Department access into and through the event areas are to be maintained at all times to meet code. 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 3) Access to Sweetwater Harley Davidson to be maintained at all times. Access to all entrances, fire sprinkler systems, standpipes, fire hydrants and fire department connections shall be maintained inside and out 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) 6) Fire extinguisher to be mounted in a visible location between 31' to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. Required fire extinguishers shall not be obstructed 7) No cooking or heating of food (Sterno) shall be done inside of the building 8) All linen used for this event which may include, but not limited to, napkins, table cloths chair covers etc., shall meet California State Fire Marshal requirements for flame spread and smoke propagation. Proof and documentation of this requirement shall be provided to the National City Fire Department prior to this event 10) As the showroom floor is designed and categorized as a mercantile occupancy, approval shall be requested from the National City Building Official to use this space as assembly occupancy 11) An occupancy load shall be acquired and posted in the showroom floor to meet California Building Standards. Please contact the National City Building Official for direction. This shall be accomplished prior to the event 12) Security shall be provided for this event. Security shall control the occupancy load of the event, and shall upon request. provide City Officials this number when asked 13) A fire safety inspection is to be conducted by the Fire Department prior to operations of the entire event. Fee for after hour/weekend inspection shall be $200.00 dollars for the first two hours. A fee of $100.00 dollars shall be charged for every hour (or part) after the first two hours. 14) Site map indicating access points and party areas is required. Layout shall include dance floor and general setup 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. COMMUNITY SERVICES No involvement. POLICE Pending, 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: December 6, 2011 AGENDA ITEM NO.18 EM TITLE: TEMPORARY USE PERMIT — Christmas with Kids hosted by the Boozefighters Motorcycle Club at 222 E. 3rd Street on December 25, 2011 from 6 am to 2 pm. The applicant has requested a waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Nei • - •orho. • Services Division APPROVED BY: This is a request from Boozefighters MC to conduct the Christmas with Kids event at 222 E. 3`d Street on Dember 25, 2011. This event has been taking place at the King's Residence for 40 years here in National City. Mr. King passed away and Boozefighters MC has taken up this charity that provides bicycles to underpriviledged children. This event starts early Christmas morning and television networks will be there broadcasting throughout the event. Street closures are required on 3`d Street between 'B' Avenue and 'D' Avenue. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The City has incurred $237.00.00 for processing the TUP through various City departments, plus $114.42 for Public Works, and $519.28 for PD. Total fees are $870.70 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.. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: )lication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: Public Concert Parade Motion Picture Event Title: Fair _ Demonstration _ Grand Opening Festival Circus Other 01-4 57/vvi w1 7-7/ iii /ems Community Event Block Party Event Location: a- Z � VP Si . /149-7-7 ry 9/ 7c0 Event Date(s): From 12/7-s /u/ to /2/ay 1// Total Anticipated Attendance: 3 bU Month/Day/Year ( ✓ Participants) Actual Event Hours: 6 rr pm to aml r0r Setup/assembly/construction Date:I2. i' / // Start time: Q'7 a G ( Spectators) Please describe the scope of your setup/assembly work (specific details): fv /-t/�- /j/C Ye El 5 (>vT S ",P Dismantle Date: , Z/ 25(// Completion Time: 2 am(fSrrt r4P/c/' 6k. List any street(s) requiring closure as a result of this event. Include street name(s), clay and time of closing and day and time of reopening. R,, si/dF 7 ij w6E�/ Qr�G f >J Sponsoring Organization: e:02-C% „LI c Chief Officer of Organization (Name) /17?/�%✓ Applicant (Name): 0477/ cit=/1,/j E/'iv(/�i✓.✓ Address: Yo.51- . 77// For Profit )(Not -for -Profit r 9Z/o y Daytime Phone: $�� 33--: Evening Phone: ( ) Fax: ( ) Contact Person "on site" day of the event: /3 /4/1 71 ? / Pager/Cellular: ( (�(/ ) b/ 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): X YES NO YES i� NO 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. FR,4AV& /ri»G !1//2/s7ir0-5 rf7Ps /-J4 s 9 N C4 s y0 YAWS ln/ /4`7"/6N4-1„ C i-TY. /vIRG- ��SS' D A�/1--/ 4.�r7 S002 s /l C /-' S k icy U/' 7t7 S (,44 7y Tz-/, - / 2 k/i2 s i3/l YC CAS U/vn 6/'PRi V S i�,YEs "GA- - t4-/' / (GF/?/ S77i114-s /tio/l,v/r� A 7-r T V i G /1 k5 ,4277 t3, DA17C45.77/N, Na-To.,/fie c /TY • _ 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 _ YESNO Does the event involve the sale or use of alcoholic beverages? _ YES /c NO Will items or services be sold at the event? If 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: r' 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: A/t.) If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): ortable d/or Permanent Toilet Facilities u er of portable toilets: 2 (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 v "-4G Goa 7 A Fencing, barriers and/or barricades C� ot--4? �T�6 ➢ Generator locations and/or source of electricity Gw�" ➢ 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 L/5 T/It' /i G i 771 '?' ➢ 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.) s 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: 7 i^--te-U VO/- OV/ / 56C(. , r/ (>fo L /A7 , / v' Y4,,r s , A/477O -'4t C i ti' ///ps /410 U i .dt S4 uAf7 (Aa / (17�C�/' (/^i vim//�z�2 _ YES / NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES _`NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Si-47,47%T'.-%,.--EO /Vf --s4" 0", /°i<"/=>z-1i s 5. Please describe your Accessibility Plan for access at your event by individuals with disabilities: /V(? $r 7, s L E✓ I L &2 a Please provide a detailed description of your PARKING plan: C/r' 5T/Z 13 A Please describe your plan for DISABLED ARKING: , C / Ty STYE--r577/ Sc^.../, 5 6 t 9 " A',,,rG - (c.;--z7i/ 4 /(ice>G 5/°i /( (// na z7Y /Hvi41 /Sv.✓ 64-g j)1,./6- 41 0�/ Please describe your plans to notify all residents, businesses and churches impacted by the event: /74 9 47 77 S-4v i�-- ZoC-i7/o") / 1 30 y �S . ,/ebS//2.er75 ,4i G-- /Z/_ U 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. YES NO Number of Stages: Type of Music: Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES 1NO 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 Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity �,'A%.✓ Address Telephone Date(s) of Use /Z 72 /i/ 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. 7 Signature of Ag Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 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: I No (P lease sign the form and submit it with the TUP Application) z Sign 9 /A// Date VA(4,fi Lur 4Fs1DENC� fr f r.3gfS1- A A o-0 60 6icyces ST • 2/ to( '( [ L05E') CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: BOOZEFIGH'I'ERS MOTORCYCLE CLUB EVENT: CHRISTMAS WITII TIIE KIDS DATE OF EVENT: December 25, 2011 TIME OF EVENT: 6AM TO 2PM 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 SEF. CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 None. 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 Street Division 1. Staff will deliver barricades to street corners and remove them at the conclusion of the event. 2. Staff will post "no parking" signs in affected streets before the event. 3. The cost to provide Street personnel support for this event is estimated to be: • "No Parking" signs 20 x $0.45 ea =$ • Barricades 6 x $0.35 ea = • Equipment • Regular Hours • TOTAL 2 x $19.09 2 hrs x $32.57 9.00 2.10 38.18 65.14 _ $ 114.42 Facilities Division No involvement in this event. Parks Division No involvement in this event. FINANCE Finance/Bus License: Approved. No Stipulations FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: The Fire Department has no comments or cost for this event. If you have any questions please feel free to contact me. COMMUNITY SERVICES No involvement. POLICE I have reviewed the Temporary Use Permit (TUP) for the Christmas With Kids by Boozefighters Motorcycle Club. The event is a bicycle giveaway to under privileged children. The event is scheduled to take place on Christmas Day, December 25, 2011, 0600 — 1400 hours, with set up from 0400-0600 hours. Per the TUP, the event will take place on the street, 3rd Avenue, between B Avenue and D Avenue. The organizers have requested the street be closed/barricaded for the event. Public Works will have to set up highly visible barricades completely across the roadway for the safety of the participants. The event organizers estimate about 300 participants. Per the TUP, this has been an annual event conducted for many years by the late Frank King. The Boozefighters Motorcycle Club has now taken over as the event organizers The event organizers state security will be provided by trained volunteers. They also remark that NCPD has provided a police officer and squad car in prior years. Therefore, I assume they are requesting an officer. Due to the event being held on Christmas Day, it is not likely that an officer will be available for the entire event. The Patrol squads will be alerted to extra patrol the area on the day of the event. Other than this, I do not see the need for an officer to be present for this type of event. If the organizers still require a police officer to be present, then an officer would have to come in for the special event on overtime. The organizers will be responsible for the cost. OT Rate = $58.38 + OT workers comp/Medicare benefits 11.18% = $64.91/hour 1 officer at 8 hours (0600-1400 hours) = 8 hours Total cost = $519.28 Based upon my review of the TUP, no NCPD personnel will be required at the event unless specifically required by the organizers. There are no NCPD stipulations regarding the event. -Dan Fabinski, Sergeant 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: December 6, 2011 AGENDA ITEM NO. 19 EM TITLE: TEMPORARY USE PERMIT — Integrity Charter School's Spring Festival hosted by Integrity Educational Foundation on 'A' Avenue, between 7th and 8th Street on March 2, 2012 from 4p.m. to 9p.m. with no waiver of fees. PREPARED BY: Vianey Rolon DEPARTMENT: PHONE: (619) 336-4364 APPROVED BY: EXPLANATION: od Services Division This is a request from Integrity Educational Foundation to conduct a Spring Festival to d at 'A' Avenue, between 7'h and 8th Street on March 2, 2012 from 4pm to 9pm. The event will include games and food sales with game booths run by parents of Integrity Charter School. The games will also include a large inflatable slide. All proceeds to benefit students of Integrity Charter School for either student field trips or towards the playground fund. Parking will be available at school site and applicant is in the process of requesting additional parking at the Clarion Hotel. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The City has incurred $237.00 for processing the TUP, plus $200.00 for the Fire Permits, $385.82 for Public Works, and $778.92 for PD Total Fees are $1,601.74 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. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: thcation for a Temporary Use Permit with recommended approvals and conditions of approval. s of Event: Public Concert Parade Motion Picture Event Title: _ Event Location: Fair Demonstration Grand Opening Festival Circus Other _ Community Event Block Party A Aven — ltoefic1 ¢- 7 Event Date(s): From 3 Zto _i 2j tal Anticipated Attendance: 39!� 'Month/Day/Yearl ', ( )< Participants) Actual Event Hours: ampmm to -i (j am ( x Spectators) Setup/assembly/construction Date: _ 42/ 1Z-Start time: ) [�m Please describe the scope of your setup/assembly work (specific details): Dismantle Date: 2! % 2-Completion Time: am List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organizationc�(r a *A e wiled '1 k - or ofi �J (Not-for-Profit) Chief Officer of Organization (Name) rajbE %i)) 0/e2- Applicant (Name): -(t ' Ya rn } �¢ L �J Address: /L 2$7 1 m h u-175t L,�, _1/�`113 Daytime Phone: 0142J 1116 Evening Phone: 7 -r7 Fax: ( ) Pager/Cellular: 671j `74 " r ,57 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS ll t i l��t � �Y�11)t• L9 2 .1 Contact Person "on site" day of the event: 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) Lill YES _ NO YES NO F�l i"u t kD i,L. Q -fcsy & i•utoYC{ fig16{ V i A3-A4o- pLQ $ — Estimated Gross Receipts including ticket, product and spdnsorship sales from this event. $ L t17bD Estimated Expenses for this event. $ 3, 1DbO What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? faufW 1 .R.iriwau aW�'f.'4�riw aps.tir .;y,p l+A++:�q+3d�in.Wwp F+a' ipy.aa�wr�ri:u iW+ s`�kw� n.a rkm.�rti�w}'�rl,as�F `lP9'd7'.�.ry , Mss .rif i i 57 .? • ,, _ M 1a t ` n'4 \I n • F+ •4 ! wt 4 -i.. 1� ie ; t. < $ r4 `K xl E P+w f w �9w�1 �»r •! �f ..�"'*.�.'a . �..,pTrryf' 1yr`�e �... rl .� y'P M+$�t�4d tg sue' '4 } �da^"fi ��"1•T'.t!�.�f�' .�?! 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. ot1b Ail but,-1- Loth be rLLh 1 .e,r5 (-- t it e-A4 ick1 5aVYba'7 i i i.C1a 1 tL4ij�, by -tvL.0GZ1 3 YES _ NOf\ I the/event involves the sale of cars, will the cars come exclusively from ity car dealers? If NO, list any additional dealers involved in the 2 V V V V V V V V V YES NO Does the event involve the sale or use of alcoholic beverages? _ YES _ NO Will items or services be sold at the event? If yes, please describe: _ YES 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 x 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 5 Sizes YY 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: %� LZYJi h Q{4 ;eyt Gkfe t'l+5 1 Ll 60- ♦40--iebtYp earl J/ ete. COY If you intend to cook food in the event area please specify the method: X GAS ELECTRIC ) CHARCOAL OTHER (Specify): • Portable and/or Permanent Toilet Facilities Number of portable toilets: 2 (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: q � (YI5 Wt be, $zie4 `T/l( rr G, , Ali P-0,0 Please describe your procedures for both Crowd Control and Internal Security: � i t �D 1 YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: X YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensur s fety of the participants and spectators: TWA- J d l� l� C G .j1Qi7f{`�jY IOD I-ReaYa4) Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Stkpo1 -i tMed tri fi►'6ata-aU(�1 fhwo 1zc,4 Please describe your Accessibility Plan for access at your event by individuals with disabilities: al',�Q ie Please provide a detailed description of your PARKING plan: IA4 aR i3.Aa l kbLe r . "Attvl 5 in_ ` 1\3 r 4 Pleased scribe yoilan for DISABLED ARKIN Please describe your plans to notify all residents, businesses and churches impacted by the event: . i gnu — Vv1I f-ei -2074a9° NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YEV1. 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: �/� ( �y �� / YES NO Will sound amplification be used? If YES, please indicate: 6 7t"IIL,YK_ pd/!(_K Start time: _am/ r Finish Time 1 / an-0 T-' L1 _ YESk NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: amfpm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: / ` YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: JIMAt`J w� lie 11lbrf6 obij u( 40� nrultoI5 Revised 08/10/05 J Event: For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization rllyYVIAG Person in Charge of Activity �`�� (u ► CL��U Address Telephone 1 I ) I2 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, 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_ Applicant ficial -f ale For Office Use Only Certificate of Insurance Approved Date 7 REQUEST FOR A.'.1 WAIVER OF FEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and thenproceedto Question 3. Name of the sponsoring organization-a— rganization —.J� Ydij 1 1204/ J ]b Lay Type of Organization .4L-5r1 'Celia (/"t)( (Service Club, Church, Social Service Agency, etc.) !. J 3. Will the event generate net income or proceeds t the sponsoring organization? XYes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 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: 218 Funds were used to: No (P lease sign the form and submit it with the TUP Application) Da e 9 ka-i-tDr10J Elq-cj M iti vkr4 n � 1'1 6 ��_ �"��Y� �I n� �s V" (A) P � 6ictrvo_. -fi,(-Lpd4 INTERNAL REVENUE SERVICE P. O. BOX 2508 CINCINNATI, OH 45201 ..a`e: FEB 14 Z011 INTEGRITY EDUCATIONAL FOUNDATION C/O SANDRA DOMINGUEZ 1629 ELMHURST ST CHULA VISTA, CA 91913 Dear Applicant: DEPARTMENT OF THE TREASURY Employer Identification Number: 27-0225044 DLN: 17053343309040 Contact Person: FELICIA JOHNSON Contact Telephone Number: (877) 829-5500 Accounting Period Ending: June 30 Public Charity Status: 509(a)(3) Form 990 Required: Yes Effective Date of Exemption: May 19, 2009 Contribution Deductibility: Yes Addendum Applies: No ID# 31287 We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c) (3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501(c)(3) of the Code are further classified as either public charities or private foundations. We determined that you are a public charity under the Code section(s) listed in the heading of this letter. Please see enclosed Publication 4221-PC, Compliance Guide for 501(c) (3) Public Charities, for some helpful information about your responsibilities as an exempt organization. We have determined that you are a Type 1 supporting organization under section 509(a) (3). A Type 1 is operated, supervised, or controlled by, a Type 2 is supervised or controlled in connection with, and a Type 3 is operated in connection with one or more publicly supported organizations. Letter 947 (DO/CG) -2- INTEGRITY EDUCATIONAL FOUNDATION We have sent a copy of this letter to your representative as indicated in your power of attorney. Enclosure: Publication 4221-PC Sincerely, Lois G. Lerner Director, Exempt Organizations Letter 947 (DO/CG) CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: INTEGRITY EDUCATIONAL FOUNDATION EVENT: SPRING FESTIVAL DATE OF EVENT: MARCH 2, 2012 TIME OF EVENT: 4PM TO 9PM 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 SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Applicant shall coordinate with City Police, PW and Fire for traffic control for road closure. RISK MANAGER (619) 336-4370 Vianey is to determine why Hold Harmless & Indemnification Agreement section was crossed out after it was completed. PUBLIC WORKS (619)366-4580 Street Division 1. Staff will deliver barricades to street corners and install and remove them at the conclusion of the event. 2. Staff will post "no parking" signs in affected streets before the event. 3. The cost to provide Street personnel support for this event is estimated to be: • "No Parking" signs 16 x $0.45 ea = $ 7.20 • Barricades • Equipment • Regular Hours • Overtime Hours • TOTAL 10 x $0.35 ea 6 x $19.09 2 hrs x $32.57 4 hrs x $48.86 3.50 114.54 65.14 195.44 =$ 385.82 Facilities Division No involvement in this event. Parks Division No involvement in this event. FINANCE Approved. All food handlers must have food handler cards from the Health Dept FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to public streets to be maintained at all times. 2) Fire Department access into and through the booths and game areas to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not Tess than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants and fire department connections, shall not be blocked or obstructed at any time Access to the fire suppression system which belongs to Mc Dini's shall not be blocked or obstructed at any time. Fire suppression system is accessed off of A Ave. Please contact the National City Fire Department for Direction 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 one 2A:10BC fire extinguisher at inflatable slide. Extinguisher to be mounted in a visible location between 31r2' 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. . All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example 8) Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Approval from the National City Fire Department is required to cook under tents or canopies. Please contact the National City Fire Department for direction 9) Internal combustion power sources (generators) that may be used for inflatable slide or jumpers shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the inflatable screen is not in use 10) internal combustion power sources (generator) shall be isolated from contact with the public by either physical guards, fencing or an enclosure 11) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as `Temporary Wiring" only 12) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event. 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 COMMUNITY SERVICES No involvement. POLICE I have reviewed the Temporary Use Permit (TUP) for the Spring Festival -Integrity Educational Foundation. The event is scheduled to take place on March 2, 2012. Per the TUP, the event will take place entirely on the street in the 700 block of A Avenue, between 7"' Street and 8th Street. The event takes place in the afternoon/evening hours; set up 1300-1600 hours, event 1600-2100 hours, breakdown until 2230 hours. The organizers estimate approximately 300 participants. They list the school staff will provide security and crowd control. This is a significant police concern due to the high amount of vehicular traffic in the area, the large amount of pedestrian traffic and large amount of homeless and transient individuals that frequent the area. Because this is an event catering to children, safety is of the utmost importance. I believe it is prudent to require two NCPD officers be present during the event for public safety reasons. Additional, Public Works will need to completely and clearly block the streets to prevent any vehicles from accidentally running through the barriers into the event. I will check on the availability of Reserve officers to assist at the event and supplement the two sworn officers, however the Reserves 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% = $64.91/hour 2 officers at 6 hours each (1530-2130hours) =12 hours Total cost = $778.92 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: December 6, 2011 AGENDA ITEM NO. 20 EM TITLE: Request to use Martin Luther King Jr. Community Center (North Room) by National City College Campus Lions Club for a Spirit of the Holidays toy giveaway on Saturday, December 17, 2011, from 5:00 am to 1:00 pm for approximately 300-350 families. The applicant has requested a waiver of fees. PREPARED BY: Joe Smith DEPARTMENT: Public Wor PHONE: 336-4587 APPROVED BY: National City College Campus Lions Club is requesting use of Martin Luther King Jr. Community Center (North Room) for a Spirit of the Holidays toy giveaway on Saturday, December 17, 2011. Costs: Fees: Facility Use Fee $ 50.00 Hall Fee $ 703.60 Custodial $ 280.00 Chairs/Tables $ 35.00 Total $1,068.60 Refundable Deposits: Cleaning: $100.00 Key Deposit: $100.00 This request is consistent with Policy 803 governing the use of the Martin Luther King Jr. Community Center. FINANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff recommends use/fees as stated above. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: ility Use Application __.tificate of Liability Insurance CALIFORN1A.— N�1TCiTy 'Olt OBATo City of National City Facility Use Application Rev. 10/18/11 0 CO C� c_7 2100 Hoofer Aveie ,`:` National , CAA9195 (9)33-6-4580 Fax (619)3 "6-4593 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use 4Cityyacilim attend The City Council meeting when the item is scheduled for consideration in order to answer any yestiCals from The City Council Facility Requested: please circle Martin Luther King Jr. Building North Room South Room Entire Facility Date(s) of Use: pa. (1) 2C1t` �. rdttaj Day(s) of Use: 2-et (1j 2011 Time of Use: From: ' bl,W 1 AM/PM To: 1 AM/PM — INCLUDE SET-UP & CLEAN UP TIME, Type of Function/Activity:�jpi r(1 OF i tvlitllt jf the event open to the public? ye Name & Address of Organization/Group: CoLI cam-4 6 L ionau f Non- profit organization: `� No Tax ID # 11152010 ( 3 �v�►tiitit Anticipated Maximum Attendance: 300-'350 Percentage of National City Residents 1 007 i) UD0 1<4s Will Admission be charged? 1,1 D Amount $ Will this be a Fund Raising Event? FJ 0 Equipment Requested: 20 # of chairs Z 0 # of banquet tables 1 Stage Podium/Microphone **PLEASE ATTACH SEATING DIAGRAM Audio & Visual Equipment Required? (Please Specify) Use of Kitchen: Yes ,/ No Use of Gas for Range and Oven: Yes / No Is the Use of Alcohol Requested? N W'" 'her paid services be used (I. e, commercial caterer, DJ, Band, etc)? Yes ` No NamejA.& e 61;141VavlA Phone: UKyiN ( �� Name:J(rtltG A;(4Nech Phone: C9itt 414 ` O't 7 '1 How many times in the last twelve months have you requested to use a City Facility? 9 It is expressly understood and agreed that the applicant assumes all risk for loss, damage, Liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Public Works Department. The applicant further agrees that in considerations of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organizations. Further, I agree to be personally responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Application recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to sections 107 and 107.6 of the revenue and taxation code against applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/ GROUP TO CONFORM TO ALL OF ITS PROVISION. DATE COMPLETED: NOV. � f I I1 PRINT NAME: TA e 1'J e SIGNATURE: ADDRESS OF APPLICANT: 5 INCCf �t- CITY, STATE, AND ZIP CODE:rryy��W._ f eli PHONE: DAY(t,4- HOfll 14 X NUMBER: /} , CONTACT PERSON ON THE DAY OF THE EVENT: �,Jl 1 �' 17(AlAeAl1 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. PHONE: UUN "11 "1 0471 CELL `101- (P3a-1 Public Works Staff Only - Rental Amount Received: Receipt Number: Deposit Amount: Deposit/ Key Returned: Check Key issued: YES NO CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Person requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which include the city, its officials, agents and employees named as additional insured and to sign the hold harmless agreement. Certificate of Insurance must be attached to this permit. Organization: Kt. (. ccier tarn-pti LTOhy ckaf' Person in charge of activity: la Address: O Gi-re0V kk Cr CA- (114.�� U Telephone: CP i `'f' 061-7/1 E-Mail: 5P1 i ;'t cf ht2iviatis neeg nit l) '(0 n-.1 City Facilities and/ or property requested: t4 LK' Date(s) of use: pee- (7t 2n1 j . HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities On public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death, or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out or related to the use of public property or the activity taken under the permit by the permit or its agents, employees or contractors. 1\1OU- 1 , 2011 • ignature of applicant Date Certificate of Insurance Approved by Name and Title Safety/ Security Please describe your procedures for crowd control and internal security: vtii l-1 (Qua With Fire •Fi hter cs VCf etC t a* vw a� to fire r 2il r who will Mays h I fai tie with GITAika Co✓n f -tb/. rairnii4 Wifl life ealcitte arid care in YES /' NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: Monitoring Alcohol Consumption Please describe your producers for monitoring alcohol consumption: Vat aff ictwi-r° Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must also be 21 years of age or older. Name: Contact phone number the day of event: YES NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: ACORD' CERTIFICATE OF LIABILITY INSURANCE DATE IMM4TD/YYTY1 11/142011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED. subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis of Illinois, Inc. 425 N. Martingale Road, Suite 1100 Schaumburg, IL 60173 CACT NAAMMTE:: John Adams PHONE t)aE.re 1-800-316-6705 I TNoI: 1-888-467-2376 ADDRESS: fionsclubsCiIwillis.Dom INSUREIt(s) AFFORDING COVERAGE RAC INSURER A, ACE American Insurance Company 22667 INSURED National City College Campus Lions Club/ 4L6 National City California INSURER B; INSURER C ; e1SURER D : INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LIR TYPE OF INSURANCE IADOL NCR MN- MD - POLKY NUMBER POLICY EFF IMMIUOfyYYY1 POLICY EXP IMFSODiaYYYI - - LIMITS A GENERAL X X LIABILITY C,:I:e.IERCt..GENERAL LIABILITY ICLAIMS -MADE 17d OCCUR Agg. Per Named Insured EACH OCCURRENCE s 1.000,000 HDOG25531541 09/01/2011 09/01/2012 °rs u` `�' PF�1:+LSEs rEa occwrOnSe) s 1.000.000 MED EXP Any one person) S 1.000 PERSONAL a ADV INJURY s 1,000.000 IS $2.000.000 GENERAL AGGREGATE S 10,000,000 GENt AGGREG'"A'TE LIMIT APPLIES PER: /( I POLICY( jI_ nLOC PRODUCTS.. c01.5 OP AGG s 2,000,000 $ A AUTOMOBILE LIABILITY X SCHEDULED ANUUTT ilth (COMBINED SINGLE LINT ea acodenh $ Included HOOC25531541 09/01/2011 09/01/2012 Bonin, wow iPa person) 5 BODILY INJURY (Petaoeal J S IPCr aCOdGE erb 5 UMBRELLA LIAR EXCESS LIAR — BUR CiAk.1S•MADE $ EACH OCCURRENCE AGGREGATE $ 5 LIED I RETENT ON WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPR!ETOR}PARTNERIEXECUIIVE OFFICERMMEMRER EXCLUDED', (Mandatory in NH) I Les, describe under DESCRIPOCN OF OPERATIONS btlew y r N I W STATU- I IOTT+ TORY I PsisFR E.L. EACH ACCIDENT S N IA El. Drcerow . EA EMPLOYEE 5 El DISEASE- POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEIICLES (Attach ACORD 101. Add01onel Remade Schedule *more space is required! Provisions of the policy apply to the named insureds participation in the fdtowtrg activity during the policy period shown above: Split of the Holidays December 16 and 17 2011 City of Nafional City, Is employees, property and elected officials is included as an Additional I sured(s), but only with rasped to General LQd'Ry arising out of the use of premises by the Insured shown above and not out of the sole negligence of said additional insured. PROVISIONS OF THE POLICY DO NOT APPLY TO THE SALE OR SEINING OF ALCOHOLIC BEVERAGES CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd Naional City California 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED) BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE Wim THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 64e614-- ACORD 25 (2010/05) ( (01988-2010 ACORD CORPORATION. Alt rights reserved. The ACORD name and logo are registered marks of ACORD CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2011 AGENDA ITEM NO. 21 EM TITLE: National City Sales Tax Update — Second Quarter 2011 PREPARED BY: Leslie Deese, Asst. City Mana PHONE: 336-4240 EXPLANATION: DEPARTMENT: City Manager APPROVED BY: BACKGROUND National City has an on -going contract with Hinderliter, de Llamas & Associates (Hdl Companies) for revenue management. Staff meets with a representative of Hdl on a quarterly basis to review sales tax data and trends within the City and Statewide. The Hdl companies also review National City's property tax data and provides an annual report of the Redevelopment Project areas. NEWSLETTER SUMMARY Sales tax for the Second Quarter of 2011 showed a 10% increase in comparison to the same quarter last year but reporting aberrations skewed the data. Excluding anomalies, actual sales gained 4.7%. Revenues from the voter approved Proposition "D" were up 5.2% after factoring out onetime reporting aberrations. Over the same period, taxable sales for all of San Diego County was up 9%; statewide sales grew 9.7%. California's local sales and use tax revenue for the second quarter of 2011 were 9.4% higher than the same quarter of 2010 after payment aberrations. were removed. Second Quarter fuel sales ---resented 38% of the total statewide sales tax increase. Stimulus funded infrastructure projects produced temporary gains ,ales tax on concrete, asphalt and aggregates but are expected to wane later in the year as funding is depleted. The .,,ached Newsletter provides additional detail on the economic front. This newsletter is also available on the City's website. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance APPROVED: / MIS STAFF RECOMMENDATION: Accept and file the newsletter BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: tional City Sales Tax Update Newsletter — Second Quarter 2011 National City In Brief eceipts from second quarter sales were 10% higher than the same pe- riod one year earlier but reporting aberrations skewed the data. Ex- cluding anomalies, actual sales gained 4.7%. ncreases were mainly in the new and used motor vehicle dealer, ser- vice station, discount department store, family apparel, shoe store, ,vy industrial and most restau- . types. Reporting aberrations inflated gains in the new auto dealer and family apparel groups. Higher prices at the pump boosted service station totals. The city's quarterly allocation from the countywide use tax pool was 8.1% higher than one year ago. °t<aomen's apparel, specialty store and electrical equipment categories decreased. Temporary accounting adjustments that exaggerated year- ago receipts caused the women apparel decline, business closeouts cut specialty store proceeds. Revenues from voter -approved Proposition "D" were up 5.2% after factoring out onetime reporting ab- errations. Over the same period, all of San Diego County was up 9%; statewide sales grew 9.7%. rarterReceipts%r Second Quarter Safer (Apr Jrn 2011) SALES TAX BY MAJOR BUSINESS GROUP $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 $0 Autos and Transportation General Consumer Goods Restaurants and Hotels TOP 25 PRODUCERS In Alphabetical Order Arco AM PM Bali Honda Acura Mitsubishi & Suzuki Costcoa Frank Motors Frank Subaru H&M Highland Arco JC Penney Macys McCune Motors Mossy Nissan One Source Distributors Perry Ford Probuild Company Ron Baker Chevrolet Isuzu Ross South Bay Volkswagen Suzuki Staples Target Thrifty Gas Univar Vintners Distributors Walmart Wescott Mazda Kia Westair Gases & Equipment J` Fuel and Service Stations Business and Industry ® 2nd Quarter 2010 ■ 2nd Quarter 2011 Food and Drugs Building and Construction REVENUE COMPARISON One Quarter — Fiscal Year To Date Point -of -Sale< County Pool-" State Pool Gross Receipts Less Triple Flip• Gross Trans. Tax *Reimbursed fr4n count $3,067,'107' $3 027,755 14T 793} $3,3751 15 $(7fi6§27) $(843,776) Published by The HdL Compani wwwhdlcompanie� cr```' Q2 2011 National City Sales Tax Update Statewide Results Califorznia's local "sales and use tax rev- enues fot `sales occurring April through June 2011 were 9.4% higher than the. same quaiter of 2010 after pay- ment aberrations were removed. This marks the sixth consecutive quarter of growth since the recovery began. Higher fuel prices. accounted for much of the statewide increase. Easing con- sumer credit, sales incentives. and pent up demand led to'gains in new auto sales while' .consumers also. showed signs of spending more freelyin spe cialty stores,:,otnefurnishings, apparel categories, jewelry and restaurants. Electronics sales in the Bray Area sharply outpaced statewide results and highlighted the continued .strength` of tech -oriented business in that re gion. Stimulus funded infrastructure Projects produced temporary gains in sales tax on concrete, asphalt and ag- gregates but are expected to wane later in the year as funding is depleted. Increased airport traffic and auto rent- als suggest that teavel and leisure sales are in a recovery mode. Fuel Prices Boosting Receipts Second quarter fuel sales represented 38% of the total statewide sales tax in- crease. California consumers paid an average of $3llon .94 per gathe week of September 12th, 94 cents higher than the same period of 2010, but be- low the all-time high of $4.59 in 2008. Crude oil prices, which account for about 85% of gasoline price variabil- ity, were $90.21 a barrel in September 2011 versus $141.06 in the summer of 2008 Although future gas prices are expect- ed to decline from this year's highs, in- creased exports of U.S. refinery output to other countries are expected to keep prices here at elevated levels. Growth in the Hourglass Economy The good news is that the economy is in recovery, the bad news is this may be as good as it gets according to a recent International Monetary Fund report which highlights problems caused by a shift to an hourglass economy. This type of economy is characterized by a large and expanding group at the top with high skills and high incomes offset by an expanding group at the bottom with low skills and low pay. The middle levels traditionally composed of skilled or semi -manual workers in good paying jobs continue to decline, giving the occupational income profile of the economy its distinctive shape. The 2010 Census revealed that most Americans' inflation -adjusted incomes were either stagnate or in decline with the proportion of people living in poverty now at 15.3% while 24°/u of the nation's wealth is concentrated in the top 1/10th of one percent. Consumer spending has historically ac- counted for 70% of economic output and with the wealthiest 5% of Ameri- cans now accounting for 37% of all consumer spending, retailers are bifur- cating their marketing strategies into sales of high end and low end goods while reducing offerings for the disap- pearing middle class. Economists say the dependency on just a small portion of the population for increased spend- ing limits future growth potential and fosters more boom and bust cycles. This is because the wealthy splurge and speculate when their savings are doing well and quickly cut back when the value of their assets tumble. Analysts further argue that this lack of growth potential is why major corporations are sitting on record profits and not investing in more employees. SALES PER CAPITA $0,000 $6,000 $4,000 - $2,000 $0 42 08 National City Q2 09 County NATIONAL CITY TOP 15 BUSINESS TYPES Bus nas; beparjmentb`joies. `, Discount Deit`Stores' Electrical gYipment Electronics/Appliance Stores Family Apparel Heavy Industrial New;�Motor Vehicle Dealers Restaurants Beer;Andwine Restaurants Liquor Restaurants No Alcohol,: Service Stations , shoe Stores-' Specialty Stores; ,Used Automohye )e1ers 4ilonien s Apparel: TolalAltAccounts: ` Q2 10 w 11 California 121.0 8.3% -0.7% 0.5% 237.2 30.6% 6.5% 6.4% 71.8 59.0% 8.1% 12.9% 50.4 1.1% 13.5% 3.2% 164.4 24.0% 13.3% 12.7% 48.1 7.4% 23.2% 12.2% 925.8 14.1% 10.1% 9.8% 48.0 3.3% .1% 1.1°% 46.2 5.0% 6.2% 8.6% 220.5 -0.5% -0.8% 3.4% 230.8 19.6% 29.1% 31.0% 49.7 9.0% -1.2% 7.2% 73.0 -8.0% 1.8% 5.2% 71.4 16.6% 7.3% 10.3% 86.2 -10.2% 6.4% 8.9% CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6th, 2011 AGENDA ITEM NO. 2 EM TITLE: Warrant Register #18 for the period of 10/26/11 through 11/01/11 in the amount of $1,879,580.08 PREPARED BY: K. Apalategui', DEPARTMENT: Financ PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 10/26/11 through 11/01/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Kimley Horn and Assoc 244300 Explanation 175,779.97 Coolidge Ave Services through 9/30/11 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/,1 ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: !Ratification of warrants in the amount of $1,879,580.08 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rrant Register #18 PAYEE BOARD OF EQUALIZATION CHRISTENSEN & SPATH LLP D MAX ENGINEERING INC DEPARTMENT OF INDUSTRIAL DIXIELINE BUILDERS JOSE G & IRMA R CASTRO LASER SAVER INC SDG&E STANLEY CONVERGENT SECURITY STAPLES ADVANTAGE THE SOHAGI LAW GROUP PLC ABCANA INDUSTRIES AGUIRRE ALL FRESH PRODUCTS ALTA PLANNING & DESIGN, INC. AMEDEE BONSUISSE INC "RENNTAG PACIFIC INC ADWAY AUTO ELECTRIC EAU VERITAS N AMERICA BURKE WILLIAMS & SORENSEN LLP CARQUEST AUTO PARTS CEPA COMPANY COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO D-MAX ENGINEERING EMMANUEL FAM HOMES INC FE SELIGMAN FINANCIAL INDEMNITY COMPANY GRAINGER HAMILTON MEATS & PROVISIONS HARRIS & ASSOCIATES INC HD SUPPLY PLUMBING JOSHUA SMITH JOSSE KIMLEY HORN AND ASSOC INC LASER SAVER INC LAW OFFICES OF DON DETISCH LIFELOC TECHNOLOGIES LORIMAR GROUP, INC. METRO FIRE & SAFETY MINUTEMAN PRESS '9ILE SATELLITE TECHNOLOGIES IAMMAD ALI rvr�rA AUTO PARTS NATIONAL CITY AUTO TRIM NEXUS IS INC ONE STOP PARTS SOURCE ORIENTAL TRADING CO INC IIVCOftpORATE]) - WARRANT REGISTER #18 11/1/2011 DESCRIPTION SALE TAX LIABILITY / JULY-SEP 2011 ARE HOLDING VS CDC NC JUL 2011 STORM WATER SVCS/ 8TH ST SMART CONVEYANCE -NC HISTORICAL SOCIETY EXP REIMB: CASA QUINTA/FAMILIAR OVERPAYMENT REHAB LOAN MOP# 45725. TONER / SEC 8 GAS AND ELECTRIC UTILITIES / CDC FIRE ALARM MONITORING & MAINT/CDC MOP# 45704. OFFICES SUPPLIES / CDC LEGAL SERVICES / AUG 31, 2011 POOL CHEMICALS INSTALL KENWOOD ENGINE 31 / FIRE FOOD / NUTRITION CENTER N.C. BICYCLE MASTER PLAN REIMB LUNCH / RED CROSS TRAINING MILK & DAIRY DELIVERY / NUTRITION POOL CHEMICALS ELECTRICAL PARTS PARCEL MAP REVIEW / ENG FFA GRIEVANCE 2010. SEP 30, 2011 MOP 47557 AUTO PARTS FUME HOOD CERTIFICATION / POLICE DISTRICT RENEWAL EMISSION FEES STORMWATER PROGRAM / ENG 1ST REVIEW OF THE WQTR 1 COSTCO REFUND ON DISMISSED CITATION REFUND ON DISMISSED CITATION PROPERTY INSURANCE MOP# 65179. SUPPLIES / FIRE MEAT DELIVERY / NUTRITION CIVIL ENGINEERING SERVICES FOR 8TH PLUMBING MATERIAL REFUND ON DISMISSED CITATION 125 PLAN REIMBURSEMENT COOLIDGE AVE, SERVICES THRU 9/30/2011 MOP# 45725. TONERS / NUTRITION LEGAL SERVICES OCTOBER 2011 DRY GAS / POLICE M5 PRSM-HD2-NC SPEAKER / FIRE FIRE EXTINGUISHER SERVICE MOP# 74691. POOL RECEIPTS / CSD SATELLITE SVCS FOR COMMAND VEH REFUND ON DISMISSED CITATION MOP 45735 AUTO PARTS R&M CITY VEHICLES CHANNEL FIBER OPTIC / FIRE BLA LABEL BL61072 / PW CRAFT SUPPLIES / CSD 1/2 CHK NO DATE AMOUNT 244265 10/31/11 1,228.00 244266 11/1/11 7,471.50 244267 11/1/11 1,730.00 244268 11/1/11 125.00 244269 11/1/11 7,017.00 244270 11/1/11 62.49 244271 11/1;11 222.61 244272 11/1/11 41.79 244273 11/1/11 257.28 244274 11/1/11 222.78 244275 11/1/11 15,109.96 244276 11/1/11 1,254.21 244277 11/1/11 495.00 244278 11/1/11 1,497.28 244279 11/1/11 2,580.00 244280 11/1/11 133.80 244281 11/1/11 669.08 244282 11/1/11 485.08 244283 11/1/11 424.13 244284 11/1/11 1,089.00 244285 11/1/11 157.50 244286 11/1/11 226.32 244287 11/1/11 155.00 244288 11/1/11 365.00 244289 11/1/11 44,143.00 244290 11/1/11 440.00 244291 11/1/11 305.00 244292 11/1/11 50.00 244293 11/1/11 320.72 244294 11/1/11 379.65 244295 11/1/11 790.25 244296 11/1/11 7,638.68 244297 11/1/11 2,868.62 244298 11/1/11 35.00 244299 11/1/11 384.60 244300 11/1/11 175, 779.97 244301 11/1/11 308.82 244302 11/1/11 6,671.96 244303 11/1/11 242.54 244304 11/1/11 459.27 244305 11/1/11 1,256.85 244306 11/1/11 252.65 244307 11/1/11 1,079.88 244308 11/1/11 275.00 244309 11/1/11 339.26 244310 11/1/11 337.12 244311 11/1/11 5,384.07 244312 11/1/11 395.61 244313 11/1/11 91.23 2/2 PAYEE PACIFIC AUTO REPAIR PACIFIC REFRIGERATION INC PADRE JANITORIAL SUPPLIES INC PRO BUILD PRO -EDGE KNIFE PROGRESSIVE SOLUTIONS INC PROJECT PROFESSIONALS CORP. RI OS SAFETY KLEEN SAN DIEGO DAILY TRANSCRIPT SAN DIEGO PET & LAB SUPPLY SDG&E SMART & FINAL SMART SOURCE OF CA LLC STAPLES ADVANTAGE SYSCO SAN DIEGO THE LIGHTHOUSE INC UAAMAC UNION TRIBUNE PUB CO UNITED ROTARY BRUSH CORP WILLY'S ELECTRONIC SUPPLY SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 22 10/4/2011 +�-- CAL:1F1)12N1A MITT INCORpORATO) WARRANT REGISTER #18 11/1/2011 DESCRIPTION SMOG CERTIFICATION & REPAIRS R & M REFRIGERATION EQUIP / NUT JANITORIAL SUPPLIES / NUTRITION MOP# 45707. SUPPLIES / FIRE KNIFE SHARPENING SVCS / NUTRITION THERMAL PAPER / POLICE DATA CENTER REDUNDANT AC, SEPT. 2011 REIMB / LEAGUE OF CA CITIES CONE LATE PAYMENT CHARGES SPEC NO. 11-06 / ADVERTISING / ENG MOP# 45753. DOG FOOD / POLICE FACILITIES DIVISION GAS & ELECTRIC MOP# 45756. SUPPLIES / FIRE NOTICE TO APPEAR CITATION FORM/PD MOP# 45704. OFFICE SUPPLIES/ ENG FOOD & CONSUMABLES / NUTRITION MOP 45726 AUTO PARTS 17TH MARTIN LUTHER KING BREAKFAST ADVERTISING / GRANTS SWEEPER REPAIRS MOP# 45763. ELECTRICAL SUPP / MIS Start Date 10/26/2011 End Date 10/17/2011 End Date 11/1/2011 Check Date 10/26/2011 CHK NO DATE AMOUNT 244314 11/1/11 1,679.57 244315 11/1/11 215.94 244316 11/1/11 65.52 244317 11/1/11 37.35 244318 11/1/11 39.89 244319 11/1/11 216.13 244320 11/1/11 8,565.00 244321 11/1/11 1,025.21 244322 11/1/11 50.00 244323 11/1/11 762.80 244324 11/1/11 153.07 244325 11/1/11 13,689.34 244326 11/1/11 181.44 244327 11/1/11 2,389.94 244328 11/1/11 237.07 244329 11/1/11 5,185.96 244330 11/1/11 145.94 244331 11/1/11 50.00 244332 11/1/11 41F 244333 11/1/11 484_ 244334 11/1/11 128.87 A/P Total 328,969.27 703,163.16 847,447.65 GRANT) TOTAL $ 1,879,580.08 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 TIIEREOF AND FURTIIER THAT THE ABOVE CLAIMS AND DEMANDS I IAVE BEEN AUDITED AS REQUIRED BY LAW. FINANCE 1 CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARA FE, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY THAT 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" OF DECEMBER. 2011. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6th, 2011 AGENDA ITEM NO. 23 EM TITLE: Warrant Register #19 for the period of 11/02/11 through 11/08/11 in the amount of $625,525.68 PREPARED BY: 1K. Apalategui DEPARTMENT: Fina PHONE: 619-336-4331i, APPROVED BY: EXPLANATION: !Per Government Section Code 37208, attached are the warrants issued for the period of 11/02/11 through 11/08/11 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Safdie Rabines Architects 244339 94,373.21 Public Emp Ret System 244409 272,565.08 Professional Services Aquatic Center Retirement Insurance Service Period 10-11-5 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/iN ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $625,525.68 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rrant Register #19 PAYEE GALINDO ROJAS CHRISTENSEN & SPATH LLP EDCO DISPOSAL CORPORATION PROJECT PROFESSIONALS CORP. SAFDIE RABINES ARCHITECTS STRADDLING YOCCA CARLSON & U S BANK AGUIRRE ALL FRESH PRODUCTS APPLIANCE FACTORY PARTS ARCO GASPRO PLUS ARJIS AUTO BEAUTY PRODUCTS BARRETT ENGINEERED PUMPS INC BONSUISSE INC BOOT WORLD 4RENNTAG PACIFIC INC L EXPRESS LIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CAROLINA CELAYA CITY OF CHULA VISTA CLAIMS MANAGEMENT ASSOCIATES COMMERCIAL AQUATICS SERVICES CORNEJO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COURTESY REFRIGERATION CRISTANDO HOUSE INC. CRISTANDO HOUSE INC. DALEY & HEFT LLP DAPPER TIRE COMPANY DAY WIRELESS SYSTEMS DAY WIRELESS SYSTEMS (20) DEPARTMENT OF JUSTICE DEPARTMENT OF TRANSPORTATION DREW FORD EMPLOYMENT DEVELOP DEPT ENNIS PAINT SAN DIEGO ETZLER EXHIBITINDEXES COM vDERIAN 3INSKI 3T SIGNS FAULKNER FERGUSON ENTERPRISES INC FIRE ETC FLEET SERVICES INC WARRANT REGISTER # 19 11/8/2011 DESCRIPTION 125 PLAN REIMBURSEMENT LEGAL SERVICES / SEPT 2011 WASTE DISPOSAL SERVICES / CDC PROFESSIONAL SVC/AQUATIC CENTER PROFESSIONAL SVCS/AQUATIC CNTR LEGAL SVCS / 12/17/10 - 4/30/11 CREDIT CARD EXPENSES / REDEV LABOR/REPROGRAM VHF RADIOS/FIRE FOOD / NUTRITION CENTER KITCHEN APPLIANCES / FIRE FUEL FOR CITY FLEET SHERIFFS ESUN ANNUAL OPER COST CLEANING SUPPLIES / FIRE PUMP MAINTENANCE, REPAIRS DAIRY DELIVERY / NUTRITION MOP 64096 WEARING APPAREL POOL CHEMICALS CAL EXPRESS ATTORNEY SVCS OCT11 LOCKSMITHING MOP 45698 ELECTRICAL MATERIAL SUGAR SKULL ART WORKSHOP / CSD ANIMAL SHELTER COSTS 9/2011 / PD CONSULTANT SERVICES POOL SERVICE, REPAIRS, PURCHASE SUBSISTENCE: BASIC CRIMINAL INV PARKING CITATION REVENUE/SEP 11 MAIL PROCESSING SVCS 6/16/11-7/15/11 SERVICE TO REPAIR UNIT / POLICE TUITION: SUPERVISORY UPDATE COURSE TUITION: SUPERVISORY COURSE LEGAL SERVICES THROUGH 10/14/11 MOP 72654 TIRES COMPANY MAINT / OCTOBER 2011 RADIO MAINTENANCE SERVICE / POLICE NEW EMPLOYEE FINGERPRINT TESTS HIGHWAY LIGHTING 7-11/9-11 MOP 49078 AUTO PARTS UNEMPLOYMENT INS 7/1111-9/30/11 MOP 74690 TRAFFIC CONTROL SUPPLY SUBSISTENCE: SUPERVISORY COURSE BLANK, BOTTOM TABBED INDEX BINDERS CREDIT CHECKS / NEW PD EMPLOYEES SUBSISTENCE: SUPERVISORY COURSE STREET SIGNS / PW SUBSISTENCE: CRIMINAL INVESTIGATION MOP 45723 SEWER MATERIAL MSA 5200 HD2 THERMAL IMAGING/FIRE MOP 67804 AUTO PARTS 1/3 CHK NO DATE AMOUNT 244335 11/8/11 30.00 244336 11/8/11 4,500.00 244337 11/8/11 104.75 244338 11/8/11 12,680.75 244339 11/8/11 94,373.21 244340 11/8/11 3,706.50 244341 11/8/11 192.53 244342 11/8/11 763.50 244343 11/8/11 2,161.90 244344 11/8/11 200.82 244345 11/8/11 39,498.44 244346 11/8/11 11,032.48 244347 11/8/11 219.01 244348 11/8/11 1,967.52 244349 11/8/11 345.19 244350 11/8/11 125.00 244351 11/8/11 434.64 244352 11/8/11 458.30 244353 11/8/11 642.52 244354 11/8/11 868.73 244355 11/8/11 180.00 244356 11/8/11 26,353.00 244357 11/8/11 4,965.00 244358 11/8/11 217.70 244359 11/8/11 744 34 244360 11/8/11 17,294.03 244361 11/8/11 3,217.45 244362 11/8/11 234.65 244363 11/8/11 279.00 244364 11/8/11 279.00 244365 11/8/11 1,767 00 244366 11/8/11 253.44 244367 11/8/11 1,000.75 244368 11/8/11 4,695.00 244369 11/8/11 768.00 244370 11/8/11 5,420.23 244371 11/8/11 800.43 244372 11/8/11 15, 711.14 244373 11/8/11 453.63 244374 11/8/11 493.34 244375 11/8/11 46-96 244376 11/8/11 28.50 244377 11/8/11 493.34 244378 11/8/11 43.50 244379 11/8/11 744.34 244380 11/8/11 1.069.60 244381 11/8/11 23, 913.53 244382 11/8/11 295.30 CAL,FO1tNIA 2/3 PAYEE FROILAN A LABACO JR GARDNER & ASSOCIATES GRAINGER HAMILTON MEATS & PROVISIONS HARRIS & ASSOC CORP HEALTH NET INC HUNTERS NURSERY INC HYDRO SCAPE PRODUCTS INC IRON MOUNTAIN JOHNSON FLOORING INC L1 IDENTITY SOLUTIONS LINCOLN EQUIPMENT INC LOPEZ MUNICIPAL MAINTENANCE EQUIP NATIONAL CITY TROPHY NATIONAL SCHOOL DISTRICT NEXUS IS INC ORIENTAL TRADING CO INC ORKIN PEST CONTROL PACIFIC AUTO REPAIR PARKHOUSE TIRE PERRY FORD PFEIFER PRO BUILD PROJECT PROFESSIONALS CORP. PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RED WING SHOES RIVERSIDE SHERIFF'S DEPT RIVERSIDE SHERIFFS DEPT RODRIGUEZ S D COUNTY SHERIFF'S DEPT SAM'S ALIGNMENT SERVICE SAN DIEGO PET & LAB SUPPLY SASI SDG&E SILVA SIRCHIE FINGERPRINT LAB INC SONRISE ELECTRIC INC SOUTHWEST SIGNAL SERVICE SPARKLETTS SPARKLETTS STAPLES ADVANTAGE SUPERIOR READY MIX SWEETWATER AUTHORITY TARGET SPECIALTY PRODUCTS U S ARMOR CORPORATION UNDERGROUND SERVICE ALERT y �y" SST"-� ZNCOR-PORATED - WARRANT REGISTER # 19 11/8/2011 DESCRIPTION REIMB: PROJECT WITHDRAWN HALLOWEEN METALLIC BAGS/POLICE MOP 67804 ELECTRICAL MATERIAL MEAT DELIVERY / NUTRITION PROF SVCS/ HARBOR VIEW UNDERGN HEALTH INS 57135J NOV 2011 MOP 45719 HORTICULTURE ITEMS MOP 45720 PIPES, VALVES, FITTINGS RECORDS MANAGEMENT/ CITY CLERK REFINISH GYM FLOOR / CAMACHO REC NEW EMPLOYEE FINGERPRINT TESTS INV:SI63337 / WRIST BANDS / CSD TRANSLATION SERVICES / FY 2012 SPRING 2X12X3/8 S-21478 !EQUIP MOP 66556 BLDG MATERIAL LIABILITY CLAIMS COSTS NEXUS PHONE SYS SVC / OCT 2011 CRAFT SUPPLIES / CSD PEST MAINTENANCE SMOG CERTIFICATION & REPAIRS 10R/12R16.5LT FST RLT TU TR15CW MOP 45703 AUTO PARTS 125 PLAN REIMBURSEMENT MOP 45707 MATERIALS & SUPPLIES CHILLER REPLACEMENT MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 10-11-5 SAFETY BOOTS / PW TUITION: BASIC CRIMINAL INVESTIGATION 244411 TUITION. BASIC CRIMINAL INVESTIGATION 244412 125 PLAN REIMBURSEMENT SHERIFF'S RANGE USE - 9/19/2011/PD MOP 72442 R&M AUTO EQUIPMENT MOP# 45753. DOG FOOD / POLICE FLEXIBLE SPENDING 11/1/10-1/31/12 FACILITIES GAS & ELECTRIC REIMBURSEMENT: AMPCO PARKING LAB SUPPLIES / POLICE DEPT REPAIR SCOREBOARDS/CAMACHO GYM TRAFFIC SIGNAL & STREET LIGHTING WATER / MAYORLS:FFICE SPARKLETTS WATER / NUTRITION MOP# 45704. OFFICE SL7PP/ NUTRITION ASPHALTS WASTEWATER WATER BILL SPRAYER, 15K IRIS, 3.96 GAL / PW PATROL BATSHIELD LEVEL 3A UNDERGROUND SVCS ALERT CHRGS CHK NO DATE AMOUNT 244383 11/8/11 1,972.50 244384 11/8/11 321.88 244385 11/8/11 302.94 244386 11/8/11 846.10 244387 11/8/11 2,502.50 244388 11/8/11 1,284.78 244389 11/8/11 123.65 244390 11/8/11 1,555.05 244391 11/8/11 135.00 244392 11/8/11 3,000.00 244393 11/8/11 48.00 244394 11/8/11 361.40 244395 11/8/11 140.00 244396 11/8/11 94.62 244397 11/8/11 48.94 244398 11/8/11 2,018 53 244399 11/8/11 325.00 244400 11/8/11 271' 244401 11/8/11 373 . 244402 11/8/11 231.52 244403 11/8/11 186.59 244404 11/8/11 925.89 244405 11/8/11 1,746.07 244406 11/8/11 735.78 244407 11/8/11 1,852.50 244408 11/8/11 551.07 244409 11/8/11 272, 565.08- 244410 11/8/11 125-00 11 /8l11 138.00 11/8/11 138.00 244413 11/8/11 204.00 244414 11/8/11 200.00 244415 11/8/11 30-00 244416 11/8/11 181.48 244417 11/8/11 168.00 244418 11/8/11 14,175.98 244419 11/8/11 66.00 244420 11/8/11 1,669.32 244421 11/8/11 580.00 244422 11/8/11 8,846 52 244423 11/8/11 - 20c88 244424 11/8/11 4.93 244425 11/8/11 17( 244426 11 /8/11 644... 244427 11/8/11 378.22 244428 11/8/11 436.09 244429 11/8/11 7,648.39 244430 11/8/11 139.50 PAYEE UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS WAXIE SANITARY SUPPLY WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY LIFORN1A+ I1r INCORi'OHATED WARRANT REGISTER # 19 11/8/2011 DESCRIPTION SWEEPER REPAIRS MOP 46453 PLUMBING MATERIAL WIRELESS PHONE SERVICE / CITY JANITORIAL SUPPLIES MOP 63850 AUTO PARTS MOP 45763 ELECTRICAL MATERIAL GRAND TOTAL 3/3 CHK NO DATE AMOUNT 244431 11/8/11 749 70 244432 11/8/11 305.82 244433 11/8/11 4,642.32 244434 11/8/11 3,081 32 244435 11/8/11 118.57 244436 11/8/11 74.59 A/P Total 625,525.68 $ 625,525.68 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 AN DEMANDS I -LAVE BEEN AUDITED AS REQUIRED BY LAW. FINANCE CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CI [AIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY THAT 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`h OF DECEMBER, 2011 AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2011 AGENDA ITEM NO. 24 EM TITLE: Public Hearing — Modification of a previously approved Tentative Subdivision Map for the Harbor View Condominiums located at 819 D Avenue. (Applicant Andrew Held) (Case File 2011-26 S) PREPARED BY: Martin Reeder DEPARTMENT: Develop ent - s/Planning. PHONE: 336-4313 APPROVED BY - EXPLANATION: The applicant is requesting to convert part of the commercial space and common area into six additional residential units. Specifically, the existing gym on the 6th floor would be converted into a 3-bedroom residential unit and the gym relocated to the ground floor; five urban loft -style would be constructed in the existing commercial area along D Avenue; and the commercial suites along 8th Street would be one large unit, rather than individual units. The existing active commercial suite would continue to operate and the overall number of units would remain at 82 (81 residential units and one commercial unit). The reason for the modification is due to the recorded Final Map specifically allowing 75 dwelling units and 7 commercial suites (82 units). The modification is necessary to change that language. The proposal is consistent with the Downtown Specific Plan and General Plan. The attached Background Report describes the project in more detail. The Planning Commission conducted a public hearing on November 7, 2011, where Commissioners asked questions about occupancy rates and common open space. The Commission voted to approve the Tentative bdivision Map modification based on required findings and subject to Conditions of Approval. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: An Addendum, prepared September 10, 2009, to the National City Downtown Specific Plan, Final Program Environmental Impact Report, February 2005, SCH #2004011110) ORDINANCE: INTRODUCTION: L FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Farias, Flores, Pruitt Absent: DeLaPaz, Reynolds ATTACHMENTS: Location Map Planning Commission Staff Report 3. Resolution No. 27-2011 -r -East-7th. St- 8 706 714 720 C) D CD 10 11 0 01 811 817 L w cn 730 w 0 w w w w U1 w w 0 822 1 704 712 0 830 840 w O w CO w 0 w w Subject Parcel Zone Boundary D (D —1 L 923 01 MXC-2 cn O 0 East 8th Street 01 0 430 832 V E-9th-St- 1 1 906 .A 01 MXC-2 Plaza-Blvd. r m D (D r 1 1 1 1 1 1 1 cn 0 Ina MIN I I I i 0 95 190 I Feet 380 APN: 556-493-11 Planning Commission Location Map 2011-26 S 1 10.26.- 11. Title: Item no. 2 November 7, 2011 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING — MODIFICATION OF A PREVIOUSLY APPROVED TENTATIVE SUBDIVISION MAP FOR THE HARBOR VIEW CONDOMINIUMS LOCATED AT 819 D AVENUE. Case File No.: 2011-26 S Location: Southeast corner of East 8th Street and D Avenue. Assessor's Parcel No.: 556-493-11 Staff report by: Martin Reeder, AICP Applicant: Andrew Held Property owner: 819 D Ave LLC Combined General Plan/ Downtown Specific Plan Development Zone 9 & 10 Zoning designation: Parcel size: 0.67 acres Adjacent land use/zoning: North: St Mary's Catholic Church / Major Mixed Use Corridor (MXC-2) East: Commercial and single family residences / MXC-2 South: Apartments 1 MXC-2 West: Offices and apartments / DSP zones 9 and 10 Environmental review: An Addendum, prepared September 10, 2009, to the National City Downtown Specific Plan, Final Program Environmental Impact Report, February 2005, SCH #2004011110 2 BACKGROUND Site Characteristics The project site is the Harbor View Condominium building located at the southeast corner of 8th Street and D Avenue within the Downtown Specific Plan area. The building encompasses the whole half block and is split between Development Zone 9 (north) and 10 (south). The original Tentative Subdivision Map (S-2006-16) was approved for 75 dwelling units and 7 commercial suites (82 units). These specific unit numbers were included on the title page for the approved Final Map. Only one of the seven commercial units is being used, whereas all of the residential units are occupied. Proposed Use The applicant is requesting to convert part of the commercial space and common area into six additional residential units. Specifically, the existing gym on the 6th floor would be converted into a 3-bedroom residential unit and the gym relocated to the ground floor; five urban loft -style units (four 2-bedroom and one 1-bedroom) would be constructed in the existing commercial area on the D Avenue frontage (west side); and the commercial suites along 8th Street would be one large unit, rather than individual units. The existing active commercial suite would continue to operate and the overall number of units would remain at 82 (81 residential units and one commercial unit). Given that the Final Map specifically mentions the number and type of condominium units, the modification is necessary to change that language. Analysis The project was approved based on the maximum floor area ratio allowed at the time, which the project would still meet, rather than residential density. Therefore, the project as proposed would still be consistent with the original approval. Seeing as no exterior work is proposed, solely conversion of commercial to residential space, no additional approvals are needed. The only reason that the modification to the subdivision map is required is because the recorded Final Map specifically tied the project to a maximum of 75 residential units and 7 commercial condominium units. Parking The project was originally approved with 12,905 square feet of commercial space. The proposal to convert part of that to the five ground level units reduces the space to approximately 6,500 square feet (including the gym). Parking is required based on requirements of the MXC-2 zone, which has a minimum of 0 spaces and a maximum of 3 spaces per 1,000 square feet. This produces a range of 0 to 20 parking spaces. There are 108 parking spaces on site, 80 in the subterranean parking garage and 28 at ground level. The Downtown Specific Plan requires 100 parking spaces for this residential development, leaving 8 remaining for commercial use, within the 0-20 range. The relocated gym would reduce the amount of commercial space further, thus reducing the need for parking. A Condition of Approval has been added to ensure that the gym is replaced. 3 Summary Due to the recent economic downturn it has been difficult to retain commercial tenants. Since the construction of the Harbor View building, only one commercial tenant has been active at the site, whereas demand for residential units has outstripped demand_ In order to take advantage of the residential interest and to offset the lack of commercial interest, the applicant wishes to convert commercial space to residential use. There is no increase in the overall number of condominium units and parking standards are met. In addition, the project is consistent with the Downtown Specific Plan. The project would also allow complete use of an underutilized building, consistent with General Plan policy. RECOMMENDATION Approve 2011-26 S subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions 3. Location Map 4. Public Hearing Notice (Sent to 51 property owners) 5. City Council Resolution 2006-266 6. Applicant's Plans (Exhibits A and B, case file no. 2011-26 S, dated 10/5/2011) JiL(),,Ad\Ak_ MARTIN REEDER, AICP £ RYAM BA: I Assistant Planner Development Services Director 4 RECOMMENDED FINDINGS FOR APPROVAL 2011-26 S Harbor View 1. The project is consistent with the Downtown Specific Plan for which an Environmental Impact Report was certified and Mitigation Measures and a Mitigation Monitoring and Reporting Program were adopted. The proposed map is consistent with the General Plan since it is consistent with and implements the Downtown Specific Plan, which is a further refinement of the goals and objectives of the General Plan. 3. The site is physically suitable for the proposed type of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. The site is physically suitable for the proposed density of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is was previously developed and is located in a completely urbanized area. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services, facilities, infrastructure, and utilities will be provided. 7. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, or such easements will be provided or relocated as required. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 5 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. 6 RECOMMENDED CONDITIONS OF APPROVAL 2011-26 S Harbor View General 1. This Tentative Subdivision Map modification authorizes the conversion of existing commercial and common area into six additional residential units, not to exceed 82 condominium units. Unless specifically modified by this resolution, all previous Conditions of Approval as stated in City Council Resolution 2006-266 are still in effect. Except as required by Conditions of Approval, all plans submitted for permits associated with this project shall conform with Exhibits A and B, Case File No. 2011-26 S, dated 10/5/2011. 2. Before this Tentative Subdivision Map modification shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map modification. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map modification are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. 3. The approved Tentative Subdivision Map shall expire two (2) years after the effective date of approval unless priof. to that date a request for a time extension not exceeding three (3) years has been filed as provided by Municipal Code §17.04.070. Building 4_ Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Fire 5_ Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. Planning 6. The gym removed from the sixth floor shall be relocated to the ground floor and shall remain primarily accessible to all residents of the building. Tir - alcoRpOILATED CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING MODIFICATION OF A PREVIOUSLY APPROVED TENTATIVE SUBDIVISION MAP FOR THE HARBORVIEW CONDOMINIUMS LOCATED AT 819 D AVENUE. CASE FILE NO.: 2011-26 S APN: 556-493-11 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, November 7, 2011, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Andrew Held) The project site is the area at the southeast corner of 8`h Street and D Avenue within the Downtown Specific Plan area. The site was approved for 75 dwelling units and 7 commercial suites. The applicant is requesting to convert part of the commercial space and common area into 6 residential units. The existing active commercial suite would continue and the overall number of units would remain at 82. Plans are available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., November 7, 2011, who can be contacted at 619-336-4310 or planning( nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION MAYAM BABAKI Development Services Director 8 RESOLUTION NO. 2006 — 266 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP FOR HARBOR VIEW CONDOMINIUMS LOCATION: 404 EAST 8TH STREET, 419 EAST 9TH STREET, AND 829 AND 831 D AVENUE APPLICANT: HARBOR VIEW CONDOS LLC / GULF UNLIMITED CORPORATION CASE FILE NO. S-2006-16 WHEREAS, application was made for approval of a Tentative Subdivision Map for the Harbor View Condominiums located at 404 East 8th Street, 419 East 9th Street, and 829 and 831 D Avenue within the City of National City on property generally described as: LOTS 1, 2, 3, 4 AND 5, IN BLOCK 1 OF T. PARSON'S ADDITION, BEING A SUBDIVISION OF TEN ACRE LOT 16 IN QUARTER SECTION 154 RANCH DE LA NACION, IN NATIONAL CITY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 57, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 26, 1881. WHEREAS, the Planning Commission considered said application at a public hearing held on November 6, 2006, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said application at a public hearing held on December 19, 2006, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. S-2006-16, which is maintained by the City and incorporated herein by reference, along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that it hereby approves said Tentative Subdivision Map based on the following findings: 1. The project is consistent with the Downtown Specific Plan for which an Environmental Impact Report was certified and Mitigation Measures and a Mitigation Monitoring and Reporting Program were adopted. 2. The proposed map is consistent with the General Plan since it is consistent with and implements the Downtown Specific Plan, which is a further refinement of the goals and objectives of the General Plan. 9 Resolution No. 2006 — 266 December 19, 2006 Page 2 3. The site is physically suitable for the proposed type of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. The site is physically suitable for the proposed density of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is was previously developed and is located in a completely urbanized area. 6. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services, facilities, infrastructure, and utilities will be provided. 7. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, or such easements wilt be provided or relocated as required. 8. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the Califomia Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. BE IT FURTHER RESOLVED that the City Council has considered that the certified Environmental Impact Report for the Downtown Specific Plan serves as adequate environmental documentation, together with any comments received during the public review process, and finds on the basis of the whole record that that the project was adequately considered by the Environmental Impact Report, which reflects the City's independent judgment and analysis, and hereby authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, that the City Council approves said Tentative Subdivision Map subject to the following conditions: 10 Resolution No. 2006 — 266 December 19, 2006 Page 3 1. Mitigation Measures. The Tentative Subdivision Map shall be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Environmental Impact Report for the Downtown Specific Plan. 2. Approved Exhibit. The Tentative Subdivision Map authorizes the subdivision of the subject property for condominium purposes in conformance with Exhibit (S-2006-16), dated October 19, 2006, except as modified by the conditions of approval. 3. Consistency Review. The Tentative Subdivision Map shall be consistent with Downtown Specific Plan Consistency Review (DSP-2005-5). 4. Landscape Plans. The applicant shall submit landscape and irrigation plans for approval and shall install and construct all improvements pursuant to the approved plans prior to occupancy. 5. Lighting Plans. The applicant shall submit lighting plans for approval and shall install and construct all lighting pursuant to the approved plans prior to occupancy. Lighting shall be designed to provide adequate illumination for safety, security, identification, and direction as well as for landmark visibility of the primary buildings and/or significant features of the project. 6. Sign Program. The applicant shall submit a sign program for approval, and all signs shall be designed and installed pursuant to the approved sign program. 7. Public Art Program. The applicant shall submit a public art program for approval and shall install, construct, or implement the approved public art program prior to occupancy. 8. Green Design. The applicant shall incorporate green design, energy efficiency, waste reduction, recycling, conservation, and sustainable design in the project to the maximum extent feasible. 9. Public Improvements. The applicant shall submit improvement plans for all adjacent public rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan, including the Open Space Framework, the Streetscape Master Plan, and the Design Guidelines. The improvements shall include but not be limited to streets; alleys; curbs and gutter, sidewalks; medians; parkways; landscape; street lights; street furniture; traffic control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary facilities and infrastructure. The applicant shall install and construct the improvements pursuant to the approved plans prior to occupancy. 10. Engineering Requirements. The applicant shall comply with all engineering requirements, including the listed requirements. a) A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. 11 Resolution No. 2006 — 266 December 19, 2006 Page 4 b) The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of c) National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. d) The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. e) All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. f) A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan, drainage plan, and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where cleating, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. h) A sewer permit will be required. A sewer study shall consider the adequacy of the existing sewer system. The sewer study recommendations shall be part of the Engineering Department Requirements. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 8-inch in size with a clean out and the installation of a g) 12 j) Resolution No. 2006 — 266 December 19, 2006 Page 5 manhole in the street. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. A sewer main runs through the alley that shall be addressed or relocated if building is to be constructed in this location. i) A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class 11 aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. The deteriorated portions of existing street improvements (including sidewalks and curbs) along the property frontages shall be removed and replaced. k) A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 1) Street improvements driveway aprons shall m) A title report shall be Commission approval property. shall be in accordance with City Standards. Abandoned be replaced with curbs, gutters, and sidewalks. submitted to the Engineering Department, after the Planning , for review of all existing easements and the ownership of the n) A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. o) The Final Map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. p) The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the Final Map approval. q) The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the Final Map. 13 Resolution No. 2006 — 266 December 19, 2006 Page 6 r) All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. s) The Final Map shall be recorded prior to issuance of any building permit. t) AU new property line survey monuments shall be set on private property, unless otherwise approved. u) The Final Map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 11. Public Works Requirements. The applicant shall comply with all public works requirements, a) The developer shall replace the existing sidewalks adjacent to the project. b) Sewer facilities — The developer shall prepare a capacity study and upgrade the sewer line as necessary. c) The developer shall replace the existing street trees with a tree palette commensurate with the building's architecture and adjacent landscaping theme. d) The developer shall install streetlights along the project's frontages. 12. Fire Department Requirements. The applicant shall comply with all Fire Department requirements. a) Automatic fire sprinkler system will be required. b) Wet standpipes will be required c) Automatic and manual fire alarm system with communications system will be required. d) Estimated minimum fire flow will be 3,000 gpm measured at 20 psi residual with a flow duration of 4 hours. e) Underground parking area must have ready emergency access on both sides of parking area. 13. Building Department Requirements. The applicant shall comply with all Building Department requirements, and plans shall comply with the 2001 editions of the California Building Code, the California Mechanical Code, the Califomia Plumbing Code, the Califomia Electrical Code, and Califomia Title 24 energy and handicapped regulations. 14 Resolution No. 2006 — 266 December 19, 2006 • Page 7 14. Police Department Requirements. The applicant shall comply with all Police Department requirements. a) The project shall comply with the crime free multi -housing criteria and crime prevention through environmental design standards. b) The project shall incorporate a camera system for security monitoring purposes of the common. open public spaces and retail areas of this project. Such camera system should be compatible to operationally integrate with the current Police Department security camera project scheduled for various areas throughout the City. 15. National City Transit Requirements. The applicant shall comply with all National City Transit requirements. a) Evaluate existing bus stops for installation of shelters, benches, trash containers, lighting, and CCTV security cameras with direct feed to NCPD if warranted. Cost for these upgrades shall be borne by the developer. b) NCT should be directly involved during the preliminary and ongoing evaluation of any/all proposed shuttle services within National City. An evaluation should also be undertaken to see if it would be more cost effective for NCT to directly operate this proposed new service in conjunction with our existing fixed route service. One benefit of this concept would be the leveraging component of Transit Capital funds for equipment purchases (including vehicles) and possible availability of FTA and Department of Homeland Security funding and grants as well_ c) Submit plans to MTS Planner Mike Daney (mike.daney@sdmts.com) for review and comments. 16. Covenants, Conditions, and Restrictions. The applicant shall submit a declaration of covenants, conditions, and restrictions for approval prior to approval of a final subdivision map. The CC&Rs shall run with the land, clearly setting forth privileges and responsibilities, including maintenance, involved in the common ownership of buildings, streets, parking areas, walks, open spaces, recreation areas, utilities, and common areas and facilities. The CC&Rs shall allow the City of National City the authority but not the obligation to assume the maintenance of the property and assess the full cost, including overhead costs, as a lien against the property if said property is not adequately maintained pursuant to the CC&Rs. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. The CC&Rs shall be approved as to form and content by the City Attorney of the City of National City. 17. Property Owners Association. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess properties that are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all such common areas and facilities. Such entity shalt operate under recorded CC&Rs approved 15 Resolution No. 2006 — 266 December 19, 2006 Page 8 by the City of National City, which shall include compulsory membership of all property owners and flexibility of assessments to meet changing costs of maintenance, repairs, and services. 18. Business Improvement District. Pursuant to the Implementation Program of the Downtown Specific Plan, the subject property shall be incorporated into the Morgan Square Business Improvement District and assessed as provided for in the district for purposes for which the district was formed. 19. Landscape Maintenance District. Pursuant to the implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a landscape maintenance district and assessed as provided for in the district for purposes for which the district was formed. 20. Parking District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a parking district and assessed as provided for in the district for purposes for which the district was formed. 21. Acceptance of Conditions. The applicant and property owner shall sign and have notarized an Acceptance Form acknowledging and accepting all conditions of approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of approval of this permit shall automatically terminate this permit. The applicant shall record a Notice of Restriction on Real Property with the San Diego County Recorder. The Notice of Restriction shall provide that the conditions of approval of this permit are binding on all present and future interest or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attomey of the City of National City and signed by the City Manager of the City of National City prior to recordation. 22. Expiration. The approved Tentative Subdivision Map shall expire two years after the effective date of approval unless prior to that date a request for a time extension not exceeding three years has been filed as provided by Municipal Code Section 17.04.070. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. *** Signature Page to Follow *** 16 Resolution No. 2006 — 266 &cember 19, 2006 Page 9 PASSED and ADOPTED this 19th day of Decemb 2006. ATTEST: City tiiael R Della Clerk APPROVED AS TO FORM: George H. iser, III City Attorney on Mor s.n, Mayor 17 Passed and adopted by the Council of the City of National City, Califomia, on December 19, 2006, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: By: RON MORRISON Mayor of the City of National City, California City CI k of the City of ational City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-266 of the City of National City, Califomia, passed and adopted by the Council of said City on December 19, 2006. By: City Clerk of the City of National City, California Deputy 18 YICIEITT MAP la eo� 4,m w.o eo TENTATIVE RE -SUBDIVISION IJL4P FOR h'ARBORVIEJY CONI)OILIINIUILIS B1 F.LS70ENIYAL UV!7 a > COMA/ERCIAL UNIT (6, 256 SF k 7A!L SPACF,) aciwa. \ - TYPICAL SECTION 8 TN 57 NDi TO SCA, co.O io 6Jx3 ,c.O a.' EXIST n_ TYPICAL SECTION 9 TH 57 Iw cis TYPICAL SE(770Nn'D' AIf TIP SECTION ALLAY GRAPHIC SCALP 0 ,o .20 0 ‘7,- ; <1 7- c, fLOCD TONE DESIGNATION 115,1,E ,x, x rL„E. coRa 0(1010, ,m+.v oxrcPDDu. Or (619199: LEGAL DLSCRIP170E .mV u -LARBORNArw , ST,:1Or SC4I.,R y w x.n GU D[i u' ,EAR n 51'1 . M1E0 N -HE or,¢E0 P or INC1NC 1• FECO,OEA NOTES, 1. NO GRADING PROPOSED *ARP En4uG' a[[ '0/14/1665 ix PCOI : Dr oEEOS vn4: /iE u01 PtOrI,PLE 3 T OR ontnr [r1 rr1u.7-0532212 .'L At: e; 4 )[0) /.S ixS vou: - [ ASSESSOR'S PARCEL NO,; SEE ADDRESS ' 7 CON, CI C. c. 91.0 SITE USAGE JS VNILS FLi APAA ,/) units G'luuER3u Px.PD e, .Nns a5smEl+ml/, „1r <a�.wn•, kW USE / ZONING DESIGNATION DSTING : .1 ,Nun in 471ICENT uu,P.L ¢E91.30/11.E k „WED TOPOGRAPHY ' q, �VIGi011 ODTIGL/INUFNA, , :5 5335 TOTAL NO. OP LOTS PROPOSED: 1 LOT AREA MIT) �r.rwu ,10 HT cM Nar 89Ie Cane mr4, o e 2$1I9 D R/SUEDMnER' mDAK., [ xuF,. iN .wae PREPARED EY• EZ—FENonNDE2 nB,v_.SE1'S GIEGO 9211, PONE. 01,8'n5 7-50 Qa ecomEoez-r[u eCE wn EXHIBIT A CASE FILE NO. 2011-26 S DATE: 10/2662011 (A)n STREET LE.EL- OVERALL PLEA Ei !F) 1H1) EXHIBIT B CASE FILE NO. 2011-26 S DATE: 10/262011 17I) (ICJ) a1 ^r4 5) 6) .!i PEOCOR COMMERCIAL DEVELOPMENT N E V) 6) t0 o > • E O o E U— 0 U o 06E°2 crs E3 C N 2EE z m a Q Bid Set #Pln STREET LEVEL• OVERALL PLAN A101 RESOLUTION NO. 27-2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A MODIFICATION OF A PREVIOUSLY APPROVED TENTATIVE SUBDIVISION MAP FOR THE HARBOR VIEW CONDOMINIUMS LOCATED AT 819 D AVENUE. APPLICANT: ANDREW HELD. CASE FILE NO. 2011-26 S APN: 556-493-11 WHEREAS, application was made for approval of a modification of a previously approved Tentative Subdivision Map for the Harbor View Condominiums located at 819 D Avenue and generally described as: Lots 1, 2, 3, 4 and 5, in block 1 of T. Parson's Addition, being a subdivision of ten acre lot 16 in quarter section 154 Ranch De La Nacion, in National City, in the County of San Diego, State of California, according to map thereof no. 57, filed in the Office of the County Recorder of San Diego County, April 26, 1881. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a duly advertised public hearing held on November 7, 2011, at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2011-26 S, which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on November 7, 2011, support the following findings: 21 RECOMMENDED FINDINGS FOR APPROVAL 2011-26 S Harbor View 1. The project is consistent with the Downtown Specific Plan for which an Environmental Impact Report was certified and Mitigation Measures and a Mitigation Monitoring and Reporting Program were adopted. 2. The proposed map is consistent with the General Plan since it is consistent with and implements the Downtown Specific Plan, which is a further refinement of the goals and objectives of the General Plan. The site is physically suitable for the proposed type of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. The site is physically suitable for the proposed density of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is was previously developed and is located in a completely urbanized area. 6. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services, facilities, infrastructure, and utilities will be provided. 7. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, or such easements will be provided or relocated as required. 8. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other 22 design and improvement requirements without requiring reduction in allowable density or lot coverage. BE IT FURTHER RESOLVED that based on the findings herein before stated, the Planning Commission hereby recommends approval of said modification of a previously approved Tentative Subdivision Map for the Centro / Revolution 2 Condominiums located at 41 East 12th Street, subject to the following conditions: General 1. This Tentative Subdivision Map modification authorizes the conversion of existing commercial and common area into six additional residential units, not to exceed 82 condominium units. Unless specifically modified by this resolution, all previous Conditions of Approval as stated in City Council Resolution 2006-266 are still in effect. Except as required by Conditions of Approval, all plans submitted for permits associated with this project shall conform with Exhibits A and B, Case File No. 2011-26 S, dated 10/5/2011. 2. Before this Tentative Subdivision Map modification shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map modification. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map modification are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. 3. The approved Tentative Subdivision Map shall expire two (2) years after the effective date of approval unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by Municipal Code §17.04.070. Building 4. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Fire 5. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. Planning 6. The gym removed from the sixth floor shall be relocated to the ground floor and shall remain primarily accessible to all residents of the building. 23 BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 7, 2011, by the following vote: AYES: Farias, Alvarado, Baca, Pruitt, Flores NAYS: ABSENT: DeLaPaz, Reynolds ABSTAIN: CHAIRMAN e 24 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2011 AGENDA ITEM NO. 5 _'EM TITLE: Introduction of an Ordinance of the City of National City to Approve an Amendment to the Contract Between the Board of Administration California Public Employees' Retirement System and the City Council of the City of National City to Provide for a 3% @ 55 Full Formula Benefit for Fire Safety Members Entering Membership for the First Time in the Firefighters' Association PREPARED BY: Lilia Munoz DEPARTMENT: PHONE: 336-4309 APPROVED BY EXPLANATION: urces As provided for in the current agreement between the City of National City and CaIPERS, City of National City employees working in designated fire safety classifications have a retirement formula of 3% @ 50 (Section 21362.2). Under the terms of the current Memorandum of Understanding between the City and the Firefighters' Association, individuals hired into the City's Firefighters' Association for the first time will not receive the benefit of the 3% @ 50 formula. Instead such new hires will receive a benefit of 3% @ 55 (Section 21363.1). Such a change is allowable under Section 20475 (Different Level of Benefits). FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: 1NIP� ORDINANCE: INTRODUCTION: X FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Recommend adoption of Ordinance BOARD 1 COMMISSION RECOMMENDATION: NI/ ATTACHMENTS: finance txnibit-CaIPERS Amendment to Contract ORDINANCE NO. 2012 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE CITY OF NATIONAL CITY TO PROVIDE FOR A 3% @ 55 FULL FORMULA BENEFIT FOR FIRE SAFETY MEMBERS ENTERING MEMBERSHIP FOR THE FIRST TIME IN THE FIREFIGHTERS' ASSOCIATION BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That an Amendment to the Contract between the City of National City and the Board of Administration of the California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked as Exhibit "A", and by such reference made a part hereof as though herein set out in full. Section 2. The Mayor is hereby authorized, empowered, and directed to execute said Amendment for and on behalf of the City of National City. Section 3. This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the San Diego Union Tribune, a newspaper of general circulation, published and circulated in the City of National City, and thenceforth and thereafter the same shall be in full force and effect. PASSED and ADOPTED this day of , 2012. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor Ca1PERS California Public Employees' Retirement System EXHIBIT AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of National City The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1948 and witnessed May 1, 1948, and as amended effective March 1, 1954, July 1, 1954, April 1, 1956, April 1, 1970, December 1, 1972, September 28, 1973, October 1, 1973, March 1, 1974, October 1, 1974, January 16, 1977, October 16, 1978, October 1, 1980, July 16, 1983, January 1, 1985, December 27, 1988, December 12, 1989, November 15, 1991, December 27, 1991, June 11, 1993, May 2, 1996, July 9, 2002, September 17, 2002, July 6, 2004, January 27, 2009, March 18, 2010 and March 22, 2011 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 18 are hereby stricken from said contract as executed effective March 22, 2011, and hereby replaced by the following paragraphs numbered 1 through 18 inclusive: 1 All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members, age 50 for local police members entering membership in the police classification on or prior to March 18, 2010 and for those for local fire members entering membership in the fire classification on or prior to the effective date of this amendment to contract, age 55 for local police members entering membership for the first time in the police classification after March 18, 2010 and for those for local fire members entering membership for the first time in the fire classification after the effective date of this amendment to contract. 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1948 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CaIPERS) and its trustees, agents and employees, the CaIPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorneys fees that may arise as a result of any of the following: (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CaIPERS retirement program. (b) Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than existing retirement benefits, provisions or formulas. (c) Public Agency's agreement with a third party other than CaIPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. (d) Public Agency's election to file for bankruptcy under Chapter 9 (commencing with section 901) of Title 11 of the United States Bankruptcy Code and/or Public Agency's election to reject this Contract with the CaIPERS Board of Administration pursuant to section 365, of Title 11, of the United States Bankruptcy Code or any similar provision of law. (e) Public Agency's election to assign this Contract without the prior written consent of the CaIPERS' Board of Administration. (f) (g) The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to California statute or to the California Constitution. 4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). 5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 6. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section 20305 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. 7. This contract shall be a continuation of the contract of the Community Development Commission of the City of National City, hereinafter referred to as "Former Agency". The accumulated contributions, assets and liability for prior and current service under the Former Agency's contract shall be merged pursuant to Section 20508 of the Government Code. Such merger occurred March 20, 2008. 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after September 17, 2002 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 9. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after September 17, 2002 and not entering membership for the first time in the miscellaneous classification after March 22, 2011 shall be determined in accordance with Section 21354.3 of said Retirement Law (3% at age 60 Full). 10. The percentage of final compensation to be provided for each year of credited current service as a local miscellaneous member entering membership for the first time in the miscellaneous classification after March 22, 2011 shall be determined in accordance with Section 21353 of said Retirement Law (2% at age 60 Full). 11. The percentage of final compensation to be provided for each year of credited prior and current service as a local police member entering membership in the police classification on or prior to March 18, 2010 and for those local fire members entering membership in the fire classification on or prior to the effective date of this amendment to contract shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). r�i ^S"p;'l"«�i r awU 12. The percentage of final compensation to be provided for each year of credited current service as a local police member entering membership for the first time in the police classification after March 18, 2010 and for those local fire members entering membership for the first time in the fire classification after the effective date of this amendment to contract shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full). 13. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20425 ("Local Police Officer" shall include employees of a police department who were employed to perform identification or communication duties on August 4, 1972 and who elected to be local safety members). b. Section 21222.1 (One -Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. c. Sections 21624 and 21626 (Post -Retirement Survivor Allowance). d. Section 21573 (Third Level of 1959 Survivor Benefits). e. Section 20996 (Military Service Credit as Prior Service). f. Section 21325 (One -Time 3% to 15% Increase For Local Miscellaneous Members Who Retired or Died Prior to January 1, 1974). Legislation repealed said Section effective January 1, 2002. g. Section 20042 (One -Year Final Compensation). h. Section 20903 (Two Years Additional Service Credit). i. Section 20475 (Different Level of Benefits). Section 21363.1 (3% @ 55 Full formula) is applicable to local police members entering membership for the first time in the police classification after March 18, 2010. Section 21353 (2% @ 60 Full formula) is applicable to local miscellaneous members entering membership for the first time in the miscellaneous classification after March 22, 2011. Section 21363.1 (3% @ 55 Full formula) is applicable to local fire members entering membership for the first time in the fire classification after the effective date of this amendment to contract. 14. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on January 16, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 15. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 16. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law.(Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 17. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 18. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or Tess than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY KAREN DEFRANK,`"CHIEF CUSTOMER ACCOUNT SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AMENDMENT CaIPERS ID #1867545551 PERS-CON-702A day of CITY COUNCIL CITY OF NATIONAL CITY BY. PRESIDING OFFICER Witness Date Attest: Clerk CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2011 AGENDA ITEM NO. 26 EM TITLE: Resolution approving a modification of a previously approved Tentative Subdivision Map for the Harbor View Condominiums located at 819 D Avenue. (Applicant Andrew Held) (Case File 2011-26 S) N12. PREPARED BY: Martin Reeder DEPARTMENT: Deve me• cs/Planning. PHONE: 336-4313 APPROVED B EXPLANATION: The City Council voted to approve this item at the December 6, 2011 public hearing. The attached resolution is needed to follow through on the action. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: An Addendum, prepared September 10, 2009, to the National City Downtown Specific Plan, Final Program Environmental Impact Report, February 2005, SCH #2004011110) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the attached resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: olution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A MODIFICATION OF A PREVIOUSLY APPROVED TENTATIVE SUBDIVISION MAP FOR THE HARBOR VIEW CONDOMINIUMS LOCATED AT 819 D AVENUE APPLICANT: ANDREW HELD; CASE FILE NO. 2011-26 S WHEREAS, application was made for approval of a modification of a previously - approved Tentative Subdivision Map for the Harbor View Condominiums located at 819 D Avenue, generally described as: Lots 1, 2, 3, 4 and 5, in block 1 of T. Parson's Addition, being a subdivision of ten acre lot 16 in quarter section 154 Ranch De La Nacion, in National City, in the County of San Diego, State of California, according to map thereof no. 57, filed in the Office of the County Recorder of San Diego County, April 26, 1881. WHEREAS, the Planning Commission considered said application at a public hearing held on November 7, 2011, and by resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application at a public hearing held on December 6, 2011, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing, the City Council considered the staff report prepared for Case File No. 2011-26 S, which is maintained by the City and incorporated herein by reference, along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by state and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that it hereby approves the modification of said previously -approved Tentative Subdivision Map based on the following findings: 1. The project is consistent with the Downtown Specific Plan for which an Environmental Impact Report was certified and Mitigation Measures and a Mitigation Monitoring and Reporting Program were adopted. 2. The proposed map is consistent with the General Plan since it is consistent with and implements the Downtown Specific Plan, which is a further refinement of the goals and objectives of the General Plan. 3. The site is physically suitable for the proposed type of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. Resolution No. 2011 — November 15, 2011 Page Two 4. The site is physically suitable for the proposed density of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is was previously developed and is located in a completely urbanized area. 6. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services, facilities, infrastructure, and utilities will be provided. 7. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, or such easements will be provided or relocated as required. 8. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in -allowable density or lot coverage. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, that the City Council approves said modification of a previously approved Tentative Subdivision Map for the Harbor View Condominiums located at 819 D Avenue, subject to the following conditions: 1. This Tentative Subdivision Map modification authorizes the conversion of existing commercial and common area into six additional residential units, not to exceed 82 condominium units. Unless specifically modified by this resolution, all previous Conditions of Approval as stated in City Council Resolution 2006-266 are still in effect. Except as required by Conditions of Approval, all plans submitted for permits associated with this project shall conform with Exhibits "A" and "B", Case File No. 2011-26 S, dated October 5, 2011. Resolution No. 2011 — November 15, 2011 Page Three 1. Before this Tentative Subdivision Map modification shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to retum the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Tentative Subdivision Map modification. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map modification are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. 2. The approved Tentative Subdivision Map shall expire two (2) years after the effective date of approval unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by Municipal Code Section 17.04.070. 3. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential, and Green Codes. 4. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. 5. The gym removed from the sixth floor shall be relocated to the ground floor and shall remain primarily accessible to all residents of the building. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 6th day of December, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia Gacitua Silva: City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2011 AGENDA ITEM NO. 27 M TITLE: Resolution taking action on a Conditional Use Permit for the construction of a food mart with accessory beer and wine sales at an existing Shell gas station at 1601 East 8th Street. (Applicant Vintners Distribution, Inc.) (Case File 2011-03 CUP) ✓VV` PREPARED BY: Martin Reeder DEPARTMENT: Develo.. _ ts/Planning. PHONE: 336-4313 APPROVED EXPLANATION: The City Council conducted a hearing on this item at the November 15, 2011 City Council meeting. Council asked staff to return with two separate resolutions, one approving just the food mart and one approving both the food mart and alcohol sales. The resolution approving the latter action has conditions limiting alcohol sales from 8 a.m. to 10 p.m. and requiring security cameras. Both resolutions are attached, one of which is needed to take action on the item. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15303 (New Construction or conversion of small structures) ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve one of the attached resolutions. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Resolution approving both construction of the food mart and alcohol sales. Resolution approving construction of the food mart and denying alcohol sales. RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A FOOD MART WITH ACCESSORY BEER AND WINE SALES AT AN EXISTING GAS STATION AT 1601 EAST 8TH STREET APPLICANT: VINTNERS DISTRIBUTION, INC. CASE FILE NO. 2011-03 CUP WHEREAS, the City Council considered a Conditional Use Permit for the construction of a food mart with accessory beer and wine sales at an existing gas station located at 1601 East 8th Street (APN: 557-112-10) at a duly advertised public hearing held on November 15, 2011, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. 2011-03 CUP, maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by state law and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the. City Council at the public hearings held on November 15, 2011, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the addition of a 1,030 square -foot convenience store is at an existing developed service station site that would continue to maintain adequate parking and circulation areas and that the sales area for beer and wine will be no more than 8 percent, or 53 square feet, of the available sales area of the proposed convenience store. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the addition of a convenience store with accessory alcohol sales is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the gas station is located in a developed commercial area, easily accessed by an adjacent arterial street. Also, conditions of approval controlling the sale of beer and wine will reduce any potential for adverse effects. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of the service station, an established and allowed use in the applicable mixed -use zone. 5. That public convenience and necessity may be served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. Resolution No. 2011 — Page Two BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the construction of a 1,030 square -foot convenience store and for the sale of beer and wine for off -site consumption at the Shell Service Station at 1601 East 8th Street. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2011-03 CUP, dated 1/26/2011. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the Califomia Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Division. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. 7. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. 8. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. All plans shall be directly submitted to the National City Fire Department through permit and payment. 9. Per NFPA 13 Chapter 7 Section 7.3.2.4 Supervision, sprinkler piping and fire detection devices shall be automatically supervised where more than 20 sprinklers are on the system. A fire alarm system required. Resolution No. 2011 — Page Three 10. A detailed landscape and underground irrigation plan, including plant species, methods of planting, etc. shall be submitted for review and approval by the Planning Division prior to issuance of a building permit. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 11. Building plans shall show details for hardscape on site, including parking lot striping; details for proposed vinyl fencing; removal of the existing payphone enclosure and screening for the vapor recovery system located on the east side of the lot. 12. A new door and cover shall be provided for the existing trash enclosure. The finish of the trash enclosure shall be painted to match other buildings on site. 13. Any proposed rooftop mechanical equipment shall be screened in compliance with the Land Use Code Section 18.42.04 and corresponding Design Guidelines. 14. Locks shall be installed on all cooler doors and publicly accessible storage areas where alcohol is displayed for sale. All such areas shall be kept locked excepting during approved alcohol sales hours. 15. Advertising or sales practices that target youth or offer special holiday promotions shall be prohibited. 16. The sale of alcoholic beverages shall be limited to between the hours of 8:00 a.m. and 10:00 p.m., seven days a week. 17. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. 18. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 19. No beer products shall be sold of less than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per safe. There shall be no sale of single cans or bottles. 20. No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 21. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four - pack or other manufacturer's pre -packaged multi -unit quantities. 22. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. Resolution No. 2011 — Page Four 23. All cups and containers shall be sold at or above prevailing prices and in their original multi - container packages of no fewer than 12, and no cups and containers shall be given free of charge. 24. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 25. The display of alcoholic beverages shall be limited to an area in substantial conformance with the walk-in cooler as shown on Exhibit "A", Case File No. 2011-03 CUP, dated January 26, 2011. 26. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the perrnittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 27. Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 28. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 29. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 30. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 31. As part of this permit, security cameras shall be installed on the premises. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. Resolution No. 2011 — Page Five BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 6th day of December, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A FOOD MART AND DENYING A CONDITIONAL USE PERMIT FOR BEER AND WINE SALES AT AN EXISTING GAS STATION AT 1601 EAST 8TH STREET APPLICANT: VINTNERS DISTRIBUTION, INC. CASE FILE NO. 2011-03 CUP WHEREAS, the City Council considered a Conditional Use Permit for the construction of a food mart with accessory beer and wine sales at an existing gas station at 1601 East 8th Street (APN: 557-112-10) at a duly advertised public hearing held on November 15, 2011, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearings the City Council considered the staff report contained in Case File No. 2011-03 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the City Council at the public hearings held on November 15, 2011, support the following findings: FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A FOOD MART 1. That the site for the proposed use is adequate in size and shape, since the addition of a 1,030 square -foot convenience store is at an existing developed service station site that would continue to maintain adequate parking and circulation areas. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the addition of a convenience store is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the gas station is located in a developed commercial area, easily accessed by an adjacent arterial street. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of the service station, an established and allowed use in the applicable mixed -use zone. Resolution No. 2011 — Page Two FINDINGS FOR DENIAL OF THE CONDITIONAL USE PERMIT FOR BEER AND WINE SALES 1. That the proposed use will have an adverse effect upon adjacent or abutting properties, since there are already multiple alcohol sales outlets in close proximity to the subject property and that an additional sales outlet may reduce the ability of the Police Department to maintain an adequate level of regulation and enforcement of alcohol sales establishments. 2. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since there are already multiple alcohol outlets within proximity of the subject property. 3. That public convenience and necessity may not be served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit for the construction of a food mart is approved subject to the following conditions: 6. This Conditional Use Permit authorizes the construction of a 1,030 square -foot convenience store at the Shell Service Station at 1601 East 8th Street. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit "A", Case File No. 2011-03 CUP, dated January 26, 2011. 7. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Division. 8. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the National City Municipal Code. 9. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 10. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 11. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Fomi, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all Resolution No. 2011 — Page Three present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attomey and signed by the Development Services Director prior to recordation. 12. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. 13. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. All plans shall be directly submitted to the National City Fire Department through permit and payment. 14. Per NFPA 13 Chapter 7 Section 7.3.2.4 Supervision, sprinkler piping and fire detection devices shall be automatically supervised where more than 20 sprinklers are on the system. A fire alarm system required. 15. A detailed landscape and underground irrigation plan, including plant species, methods of planting, etc. shall be submitted for review and approval by the Planning Division prior to issuance of a building permit. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 16. Building plans shall show details for hardscape on site, including parking lot striping; details for proposed vinyl fencing; removal of the existing payphone enclosure and screening for the vapor recovery system located on the east side of the lot. 17. A new door and cover shall be provided for the existing trash enclosure. The finish of the trash enclosure shall be painted to match other buildings on site. 18. Any proposed rooftop mechanical equipment shall be screened in compliance with the Land Use Code Section 18.42.04, and corresponding Design Guidelines. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 6th day of December, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2011 AGENDA ITEM NO. 28 :M TITLE: Public meeting to accept comments for the consideration of establishing the National City Tourism Marketing District and levy of assessments. PREPARED BY: Angelita Marchante0 DEPARTMENT: Administrative Services PHONE: (619) 336-4219 APPROVED EXPLANATION: On November 8, 2011 the City Council of the City of National City approved the Resolution of Intention authorizing the formation and implementation of the National City Tourism Marketing District. On November 22, 2011 the City Clerk mailed a notice of the proposed assessment, including the dates for a public meeting and final hearing, to all businesses proposed to be included in the District. The final hearing is proposed to be held on January 10, 2012. The National City Tourism Marketing District (NCTMD) will be a benefit assessment district proposed to help fund marketing and sales promotion efforts for National City lodging businesses. Funds raised by the district will be collected by the City and returned to the management corporation, National City Chamber of Commerce (NNCC), which will manage the funds in accordance with a written Management District Plan. The proposed district would place a two and one-half percent (2.5%) assessment on all hotels within the City. Lodging businesses within the City have requested Council begin the process of forming a tourism district. ;inesses which will pay 70.4% of the proposed assessment have submitted petitions in favor of forming the rict, which exceeds the legal requirement of 50%. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: N/A BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: lice of proposed assessment NOTICE OF PUBLIC MEETING AND PUBLIC HEARING CONCERNING THE ESTABLISHMENT OF THE NATIONAL CITY TOURISM MARKETING DISTRICT AND TO LEVY AN ASSESSMENT ON CERTAIN LODGING BUSINESSES WITHIN THE DISTRICT NOTICE IS HEREBY GIVEN that on November 15, 2011, the City Council (the "Council") of the City of National City (the "City") adopted the attached Resolution of Intention to establish the National City Tourism Marketing District (the "NCTMD") and to levy an assessment on certain lodging businesses within the NCTMD. NOTICE IS HEREBY FURTHER GIVEN that at 6:00 p.m. on December 6, 2011, at the City of National City Council Chambers, 1243 National City Boulevard, National City, CA 91950, a public meeting shall be held pursuant to Government Code section 54954.6 to allow public testimony regarding the establishment of the NCTMD and the levy of assessments therein as set forth in the enclosed Resolution of Intention and pursuant to Government Code section 54954.6. NOTICE IS HEREBY FURTHER GIVEN that at 6:00 p.m. on January 10, 2012, at the City of National City Council Chambers, 1243 National City Boulevard, National City, CA 91950, has been set as the time and place for a public hearing at which time the Council proposes to establish the NCTMD and to levy the proposed assessment as set forth in the Resolution of Intention. Boundaries: The proposed NCTMD includes all lodging businesses (hotels, motels, and inns) located within the boundaries of the city limits of the city of National City. Assessment: The annual assessment rate is 2.5% of gross short term (stays less than 31 days) room rental revenue on lodging businesses. Based on the benefit received, assessments will not be collected on certain stays as described in the Management District Plan on file with the City Clerk. Budget: Purpose: The total NCTMD annual budget for each year of its five-year operation is anticipated to be approximately $175,000. Marketing and sales promotions and safety and image enhancement initiatives to increase tourism and to market National City as a tourist, meeting and event destination. Collection: The NCTMD assessment will be implemented beginning February 1, 2012 and will continue for five years. The City will be responsible for collecting the assessment on a monthly basis (including any delinquencies, penalties and interest) from each lodging business located in the boundaries of the NCTMD. Protest: Any owner of a lodging business within the proposed NCTMD that will be subject to the assessment may protest the establishment of the NCTMD. If written protests are received from the owners of lodging businesses in the proposed NCTMD who represent 50 percent (50%) or more of the estimated annual assessments to be levied, the NCTMD shall not be established and the assessment shall not be imposed. You may mail a written protest to the Office of the City Clerk, City of National City, 1243 National City Boulevard, National City, CA 91950. You may also appear at the public hearing and submit a written protest at that time. Should you desire additional information about this proposed NCTMD or assessment, contact Jacqueline Reynoso, National City Chamber of Commerce, 901 National City Blvd., National City, CA 91950 / 619-477-9339. Dated: /l —22— f/ // ichael Ralla, CMC City Clerk RESOLUTION NO. 2011 — 246 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FORMATION AND IMPLEMENTATION OF THE NATIONAL CITY TOURISM MARKETING DISTRICT WHEREAS, the Property and Business Improvement District Law of 1994 ("PBID Law"), Streets and Highways Code section 36600, et seq., authorizes cities and counties to establish property and business improvement districts for the purposes of promoting tourism; and WHEREAS, the National City Chamber of Commerce, lodging business owners, members of the business community, and representatives from the City of National City have met to consider formation of the National City Tourism Marketing District ("NCTMD"); and WHEREAS, the National City Chamber of Commerce and lodging businesses within the City have drafted a Management District Plan that sets forth the proposed boundaries of the NCTMD, a service plan, budget, and a proposed means of governance; and WHEREAS, a majority of the lodging business owners subject to assessment under the NCTMD have petitioned the City Council to establish the NCTMD. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City finds and declares as follows: 1. That the recitals set forth herein are true and correct. That the Management District Plan satisfies all requirements of Streets and Highways Code section 36622. That the name of the district shall be the National City Tourisrn Marketing District ("NCTMD"). 4. That the boundaries of the NCTMD shall be the boundaries of the City of National City. 5. That the lodging businesses that will pay more than fifty percent (50%) of the assessment proposed in the Management District Plan have signed and submitted petitions in support of the formation of the NCTMD. That the City Council accepts the petitions and adopts this Resolution of Intention to establish the NCTMD and levy an assessment on certain lodging businesses within the NCTMD boundaries in accordance with the Property and Business Improvement District Law of 1994_ That the City Council declares its intention to establish the NCTMD, and to levy and collect assessments on lodging businesses within the NCTMD boundaries pursuant to the Property and Business Improvement District Law of 1994. That the NCTMD annual assessment rate for lodging businesses is 2.5% of gross short term (stays less than 31 days) room rental revenue. Based on the benefit received, assessments will not be collected on certain stays as described in the Management District Plan. Resolution No. 2011 — 246 November 15, 2011 Page Two 9. That (he assessments levied for the NCTMD shall be applied toward sales promotion and marketing programs to market National City lodging businesses as tourist, meeting, and event destinations, and for other activities as set forth in Streets and Highways Code section 36610. Funds remaining at the end of any year may be used in subsequent years in which NCTMD assessments are levied as long as they are used consistent with the requirements of this resolution. 10. That the NCTMD will have a five-year term unless renewed pursuant to Streets and Highways Code section 36660. 11. Bonds shall not be issued. 12. That the time and place for the public meeting to consider establishing the NCTMD and the levy of assessments are set for December 6, 2011, at 6:00 p.m., or as soon thereafter as the matter may be heard, at the City Council Chambers located at 1243 National City Boulevard, National City, California 91950. 13. That the time and place for the public hearing to establish the NCTMD and the levy of assessments are set for January 10, 2012, at 6:00 p.m., or as soon thereafter as the matter may be heard, at the City Council Chambers located at 1243 National City Boulevard, National City, California 91950. 14. That the City Clerk is directed to provide written notice to the lodging businesses subject to assessment of the date and time of the hearing, and to provide that notice as required by Streets and Highways Code section 36623. 15. That at the public hearing the testimony of all interested persons for or against the establishment of the NCTMD may be received. If at the conclusion of the public hearing, there are of record written protests by the owners of the lodging businesses within the proposed NCTMD that will pay fifty percent (50%) or more of the estimated total assessment of the entire NCTMD, no further proceedings to establish the NCTMD shall occur. 16. That the complete Management District Plan is on file in the office of the City Clerk, and may be reviewed upon request. 17. That this Resolution on Intent shall take effect immediately upon its adoption by the City Council. PASSED and ADOPTED this 15th day of November, 2011. Mo rison, Mayor ATTEST: &rPPRO E Z;_ TO FM: 4 MicI4ael R. Dalla, Cit Clerk Passed and adopted by the Council of the City of National City, California, on November 15, 2011 by the following vote, to -wit: A"es: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-246 of the City of National City, California, passed and adopted by the Council of said City on November 15, 2011. City Clerk of the City of National City, California By: Deputy Use Avery® TEMPLATE 5160® "[IN AFeed Paper for Easy Peel Feature A V4I UP+v GIN. r t-- t� Best Western Marina Gateway 800 Bay Marina Drive National City, CA 91950 Grand Plaza Inn 1125 E Plaza Blvd. National City, CA 91950 Paradise Motel 1470 National City Blvd National City, CA 91950 Super 8 Motel 425 Roosevelt Avenue National City, CA 91950 Clarion South Bay 700 National City Blvd. National City. CA 91950 Howard Johnson Express 521 Roosevelt Avenue National City, CA 91950 Rodeway Inn 607 Roosevelt Avenue National City, CA 91950 Sweetwater Inn 2435 Sweetwater Road National City, CA 91950 10 Comfort Inn 1645 E. Plaza Blvd National City, CA 91950 National City Motel 510 National City Blvd. National City, CA 91950 Stardust Inn 1700 E. Plaza Blvd. National City, CA 91950 Carlil Auto Court 1414 Roosevelt Avenue National City, CA 91950 Etiquettes faciles a peler ♦ Consultez la feuille www.avery.com Utilisez le gabarit AVERY® 5160® Sens de chargement d'instruction 1-800-GO-AVERY CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2011 AGENDA ITEM NO. 29 TITLE: Update on the quality of life facilities plan. PREPARED BY: Jessica Cissel PHONE: (619) 336.4243 DEPARTMENT: Can unity Services APPROVED BY: EXPLANATION: An update on the quality of life facilities plan. Staff report to follow up on the vote from City Council to create three ad hoc committees (Parks, Seniors, and Youth). FINANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: n/a BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: tall report Update on the Quality of Life Facilities Plan (Community Services) In 2007, National City established its Strategic Plan with goals to improve quality of life and to achieve fiscal sustainability. To achieve fiscal sustainability, the strategic plan action 2C states, "Partner with Community Organizations and Regional Agencies to Pursue Our Legislative Platform and Aggressively Seek Funding from Local, State, & Federal Sources." To improve quality of life, strategic goal 3 actions include, "Continue to Provide Recreational Programs and Community Services, Maintain Existing Parks and Public Facilities and Find Funding to Construct Park Master Plans, Partner with the Port District to Build Aquatic Center, Granger Park, and Improve Public Access to the Harbor District, and Preserve and Promote Historic Resources and Cultural Assets." The City has established partnerships and Council decisions have created the opportunity to expand partnerships to sustain programs. Established partnerships include the Greater San Diego Boys and Girls Club in Kimball Park and the South Bay YMCA (Aquatics Center) in Pepper Park. In early 2011, the City sold bonds to create resources to improve Quality of Life facilities. At the July 5, 2011 City Council meeting, the Parks, Senior, and Youth Ad Hoc committees were initiated by Council. Since that date, there have been recreation working group meetings between the City and our potential partners, the South Bay YMCA and the Greater San Diego Boys and Girls Club, to discuss how the City can utilize our bond money to create sustainable quality of life facilities and programs. Because there are capital resources, but limited operating resources, staff has been discussing expanding partnerships with local non -profits to sustain operations. In late October and early November there were Council briefings held between City staff and all Council members to update the progress of the quality of life facilities plan. The first round of ad hoc meetings took place on November 15th and November 21st and included members of the City Council, the Parks, Recreation, and Senior Advisory Board (PRAB) members (who are National City residents), a Public Art Committee member, and City staff. Additional updates were provided to PRAB. City staff provided reporting on current programs, fees, and participation numbers as well as facility and park maintenance costs. In addition, there has been conceptual planning done by Kimley Horn and Associates to incorporate ideas and discussion by City staff, non -profits, and the public. The initial estimates for the conceptual plans at Las Palmas Park show a need for additional funding. The South Bay YMCA has expressed a desire to fundraise locally to generate monies to complete the project. Because the YMCA is a non-profit, they are able to leverage funds by local fundraising campaigns resulting in more resources for a final product/facility. Staff has prepared a draft MOU between the City and the YMCA to solidify the partnership and initiate a fundraising campaign. Prior to initiating a fundraising effort, the City Council and the YMCA board need to take action that would allow such efforts to take place. The draft MOU has been provided to the YMCA for their consideration at the board meeting scheduled for November 30, 2011. At the December 6, 2011 City Council meeting, we will provide an update on the YMCA board position and ask for direction from the City Council on proceeding with a MOU that will allow the partnership with the YMCA to move forward. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2011 AGENDA ITEM NO. j;30 M TITLE: Staff Presentation: 2011 State of California Budget and Legislative Update PREPARED BY: Leslie Deese, Asst. City Manager PHONE: 336-4240 APPROVED BY: EXPLANATION: See Attached DEPARTMENT: City Manager/City Attorney FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Receive and File BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ►werpoint Presentation will be distributed prior to Council meeting. League of California Cities Legislative Report Staff Presentation: 2011 State of California Budget and Legislative Update Staff will present on the 2011 California state budget, recently enacted key legislation, and emerging issues for 2012. • State Budget o Proposition 22 — Prohibits the State from borrowing or taking funds used for transportation, redevelopment, or local government projects and services o Proposition 25 — Changes legislative vote requirement to pass budget -related legislation from two-thirds to a simple majority. Retains two-thirds vote requirement for taxes. o Proposition 26 — Requires that certain State and local fees be approved by two-thirds vote. o Redevelopment Update o Trigger Cuts • Key Legislation o Reporting Requirements o Transportation, Communication & Public Works o Public Safety o Environmental Quality o Community Services o Housing, Community & Economic Development o Revenue & Taxation o Miscellaneous • Emerging Issues for 2012 Attached for additional information is the League of California Cities Legislative Report and compilation of the 2011 Statutes. The report contains a summary of the 2011 legislative year, a description of the chaptered bills, and an in-depth review of State Water Resource Control Board Fees and the 2011 Public Safety Realignment Plan. LEGISLATIVE REPORT A COMPILATION OF 2011 STATUTFS LEGISLATIVE BRIEFINGS November 15, Webinar November 16, Irvine League of California Cities 2011 Legislative Report Additional copies of the Legislative Report may be purchased for: City Officials $10.00 SKU#: 1184 Non -City Officials $20.00 SKU#: 1131 Price includes sales tax and shipping Ten percent discount on orders of five or more copies Please mail payment to: Publications: League of California Cities Publications Department 1400 K Street, Ste. 400 Sacramento, CA 95814 Phone: (916) 658-8247 Fax: (916) 658-8240 www.cacities.org This document will be available on the League's website in December 2011: http://www.cacities.org/legresources About the League Established in 1898, the League of California Cities is a member organization that represents California's incorporated cities. The League strives to protect the local authority and autonomy of city government and help California's cities effectively serve their residents. In addition to advocating on cities' behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts educational conferences and research, and publishes Western City magazine. OFEAI aUE CITIES 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org 2011 LEGISLATIVE BRIEFINGS PROGRAM Webinar: In Person: Tuesday, November 15, 2011 Wednesday, November 16, 2011 10:00 —11: 30 a.m. 9:00 a.m. —Noon Irvine Council Chambers General Session Topics • Overview of the 2011 Session • Untangling the State Budget mess • What's Happening with Redevelopment • The SB 89 VLF Sweep • Realignment and the Three Judge Panel • Medical Marijuana • Fate of the Bell Bills • Legislation on the Land Use and the Environment • Other Legislation from the 2011 Session • Issues for 2012 • Questions and Answers Legislative Report 2011 Please note: Legislation marked with an asterisk (*) has been identified as high priority by League staff. Copyright 2011. All rights reserved. This publication is the work product of the League of California Cities and is being provided to city officials in its member cities in electronic form to assist their efforts to track legislation. If information is taken from this document and is used by city officials in member cities for informational and other purposes, the League requests that the information be attributed to the League of California Cities. This publication, or parts thereof, may not be reproduced in any form by any person not employed by a member city without the express permission of the League of California Cities. Table of Contents TABLE OF CONTENTS Table of Contents I. Summary of the 2011 Legislative Year 1 II. Administrative Services 9 A. Political Reform Act of 1974 9 B. Elections 9 C. Elected Officials 12 D. Local Public Agency Meetings 13 E. Civil Grand Juries 14 III. Community Services 15 A. Animal Bills 15 B. Public Health 16 C. Miscellaneous 16 IV. Employee Relations 18 A. California Public Employees' Retirement System (CaIPERS) 18 B. Workers' Compensation 19 C. Labor Relations 21 D. Personnel 22 E. Health Care 23 F. Workforce Investment Boards (WIBs) 23 V. Environmental Quality 25 A. California Environmental Quality Act (CEQA) 25 B. Energy 27 C. Hazardous Waste 29 D. Solid Waste and Recycling 30 E. Water 32 F. Water— Drinking Water 32 G. Water — Water Quality 33 H. Air Quality 34 VI. Housing, Community, and Economic Development 35 A. Land Use, Planning and Annexation 35 B. Housing Finance Programs and Mortgages 37 C. Miscellaneous Land Use 38 D. Williamson Act and Open Space 41 E. Local Government - General 42 F. Landlord/Tenant 43 G. Real Estate 43 H. Group Homes 45 I. Economic Development Programs/Infrastructure Financing 45 J. Redevelopment 48 VII. Public Safety 49 A. Alcoholic Beverage Regulation 49 B. Animal Exploitation 49 C. Controlled Substances 50 D. Crimes, Crime Victims, and Corrections 51 E. Fire Arms/Weapons 52 F. Fire Service/Emergency & Disaster Response 53 G. Gaming/Gambling 54 League of California Cities 2011 Legislative Report ii Table of Contents H. Judicial Processes 54 I. Local Funding Authority 55 J. Public Health 55 K. Public Safety Professionals 56 L. Sex Offender Management 57 M. Youth Violence Prevention, Bullying, and Victimization 58 N. Other Public Safety 59 VIII. Revenue and Taxation 60 A. Tax Collection 60 B. Sales/Transaction and Use Taxes 61 C. Property Taxes 62 D. Budget Process/Mandates/State Regulations 64 E. State Budget 65 i. Education 66 ii. General Government 66 iii. Health and Human Services 69 iv. Natural Resources 71 v. Public Safety 71 vi. Redevelopment 76 vii. Transportation 80 F. Miscellaneous 81 IX. Transportation, Communications, and Public Works 83 A. Contracting 83 B. Local Authority 84 C. Vehicles 85 D. Gas Pipelines 86 E. Communications 87 F. Financing 87 G. Environmental Considerations 90 H. Other 90 Appendix A — Additional Resources A. State Water Resource Control Board Fees 93 B. 2011 Public Safety Realignment 97 Appendix B — League Resources A. League Legislative Staff 105 B. Regional Public Affairs Managers 107 C. Effective Letter Writing Techniques 108 Index of Chaptered Bills 111 League of California Cities 2011 Legislative Report Legislative Wrap Up 1 1. Summary of the 2011 Legislative Year Overview California voters approved Proposition 22 by a margin of 61 percent at the November 2010 statewide election, building upon their previous support for Proposition 1A in 2004. With another strong statement by the voters that local funds should be protected, state politicians should respect the will of the voters on this matter, but that was not to be. The 2011 legislative session devolved into a year dominated by the League and cities playing defense on redevelopment and other issues, making it one of the most difficult years in memory for city-state relations. Now, the battle to preserve local revenues has shifted to the courts. Rough Sea Warning Speaking to an audience of city finance officers at the League's Municipal Finance Institute, State Treasurer Bill Lockyer said that Prop. 22 had made a number of interests and people mad in Sacramento, and that he expected to see an initiative that would take all redevelopment funds and shift them to schools. The Treasurer was accurate on the political mood among legislative Democrats and some of their core constituencies. But rather than by initiative, the proposal to eliminate redevelopment came from the Governor. Budget Dynamics Altered by Prop. 25 and Prop. 26 Two other measures were approved at the November election which had an even more direct effect on the state budget process: Props 25 and 26. Prop. 25 gave legislative Democrats and their allies something they have long desired: reducing the vote threshold to approve state budgets from two-thirds to a majority. This change removes Republicans from a major role in adopting state budgets, except for revenue increases, which continue to require a two-thirds vote. Prop. 25 also contains a provision — used to help sell the measure to voters — that unexpectedly caused legislators to forfeit their pay for a late budget. Prop. 26, sponsored by anti -tax and business groups, ended a recent practice used by legislative Democrats to pay for state programs with regulatory "fees." Also prohibited was the tactic of reducing a tax, backfilling the lost tax revenue with new fees, then increasing another tax to the level of the reduced tax. These fees are now defined as "taxes" requiring a two-thirds vote. Redevelopment Elimination Most Radical Proposal in Governor's Budget The return of Democrat Jerry Brown to the Governor's office signaled political change. After four decades in California politics, he had built a reputation for challenging League of California Cities 2011 Legislative Report 2 Legislative Wrap Up established thinking. During the campaign he stated a willingness to be aggressive in fixing the budget. Expectations were raised. His early actions, taking away cell phones and swag from state agencies and issuing fiscal austerity warnings such as "get ready for hard benches," were followed closely by the press. Yet when unveiled, most elements of the Governor's budget were relatively familiar. There were no radical reorganizations of state programs or agencies. Half of Gov. Brown's proposed solution came from cuts, half from revenue "extensions." He proposed extending the tax increases adopted in 2009 on vehicle license fees, sales taxes and personal income taxes for five years. Some of these "extended" taxes were to fund the realignment of various state programs to counties, a concept begun by the previous administration. Ironically, the Governor's most aggressive proposals were reserved for local government, primarily its cities. Without any prior effort to explore compromise or reform options with the affected entities, he proposed eliminating all redevelopment agencies, an urban revitalization and job -producing program in place for over 60 years. He also proposed eliminating the state's 42 enterprise zones, an economic development program than brings jobs to disadvantaged areas. Killing redevelopment made little policy or budget sense. As the former mayor of Oakland, the Governor knew redevelopment's value in cleaning up brownfields, upgrading infrastructure, removing blight, constructing affordable housing, and generating jobs. He also understood how it furthered environmental policies like improving air quality, increasing transit ridership and reducing urban sprawl. Prop. 22 was clear on voter intent. So why do it? The official rationale was the General Fund could no longer afford backfilling school property tax dollars captured by redevelopment project. But the proposal did not benefit the General Fund long term. It only scored state budget savings for one year; in all future years any additional benefit would be given to schools outside of the state's Prop. 98 school funding formula. Republican Agreement Needed Legislative Democrats lined up behind "their" Governor. Many did not like the proposed cuts, but they stuck with him anyway. The tax extensions were needed to avoid even deeper cuts; agreement with Republicans was the most viable path. The Governor engaged in a "pick off' strategy, attempting to woo the votes of at least two Republicans in each house. Negotiations continued for months. Republicans considered "in play" proved to be hard bargainers. They viewed tax votes as career - enders. They insisted that extensions must be accompanied on the ballot by a state revenue spending cap, reforms to public pension and regulatory streamlining. League of California Cities 2011 Legislative Report Legislative Wrap Up 3 Playing Defense on Redevelopment Cities faced enormous challenges battling redevelopment elimination in the Legislature. Democrat leadership supported the Governor's budget, most of which could now be approved with a majority vote. The California Teachers Association and the California Professional Firefighters, organizations which led the opposition to Prop.22, eagerly supported as well. Most legislative Democrats would not move without leadership's blessing, and several key staff championed the proposal with zeal. Anger over Prop. 22 was palpable. Hostility against cities and redevelopment, however, did not extend to all legislators. Questions began to be asked. Assembly Member Diane Harkey (R-Laguna Niguel) was helpful in pressuring Legislative Counsel to issue a legal opinion that concluded that taking redevelopment funds to pay for state programs violated the Constitution, a point made by local government from the beginning. The League and the California Redevelopment Association (CRA) worked to develop a reform package which aggressively responded to the criticisms of redevelopment and better position it for the future. An alternative financing package was also proposed, which granted redevelopment agencies time extensions in exchange for financial contributions that offset state obligations to schools. A pragmatic group of Democrat legislators also began to engage. Many had seen firsthand the role redevelopment played in their communities to spur economic revitalization and create jobs. To them, it was a waste to toss such a valuable tool away. The reform proposals surfaced as SB 286, by Sen. Rod Wright (D-Los Angeles), and AB 1250, by Assembly Member Luis Alejo (D-Watsonville). The financing proposal was introduced as SBx1 24 (Wright). Republican legislators negotiating with the Governor also sought to protect redevelopment. Sen. Bob Huff (R-Diamond Bar) worked with his colleagues in this effort. While there are conflicting accounts on why a comprehensive agreement was ultimately not struck, redevelopment would have been protected in such an accord. Senators Wright and Huff were recognized as 2011 League Legislators of the Year for their efforts. Paycheck -Inspired Budget Includes Redevelopment and VLF Sweep; Enterprise Zones Protected When an agreement with Republicans did not materialize, the prospect of potentially forfeiting salary inspired quick action by the Democrats to send the Governor a budget in advance of the traditionally -ignored constitutional deadline of June 15. Confusion abounded, however, when the Governor vetoed the budget bill. Controller John Chiang insisted that the budget sent to the Governor was not balanced, and that he had independent authority to withhold legislative pay. A dispute ensued about the requirements of Prop. 25 and the Controller's powers. Ultimately, the Governor and League of California Cities 2011 Legislative Report 4 Legislative Wrap Up legislative Democrats reached a revised budget agreement containing elevated revenue projections and triggered cuts, but the Controller's ruling caused legislators to forfeit more than a week of salary. Included in the final budget was a revised redevelopment proposal which eliminated redevelopment agencies, ABx1 26, unless they agreed to make specific payments to the benefit of the state, ABx1 27. The League and CRA filed litigation and convinced the California Supreme Court to take original jurisdiction of the matter. Also included was SB 89, a budget trailer bill passed will little public review, which swept $130 million in city vehicle license fee funds, and approximately $50 million from the County of Orange. The League pursued a legislative fix to this ill-conceived measure which ultimately failed; leaving the League with no choice but to file a lawsuit in the Sacramento County Superior Court challenging its constitutionality. Thanks to the great work of the California Enterprise Zone Association, and a coalition including the League and other groups, enterprise zones survived the budget intact. A strategic advantage in this effort was a two-thirds vote requirement which Republicans refused to provide. Progress Made in Other Areas Progress was made on other matters important to cities. As always, critical to the success of the League were the efforts of city officials to write letters, make phone calls, conduct legislative visits, meet with the local press, build coalitions and engage in other activities. These actions help stop legislation undermining local authority, advance beneficial legislation and secure amendments to many bills. While Prop 22's protections for redevelopment are being tested in the courts, the initiative has worked to protect the flow of local highway users tax (HUTA) to cities and counties and repeal deferrals of those revenues. Also resolved were technical issues associated with the state's "Gas Tax Swap" adopted in 2010. More than 30 bills were introduced in response to the City of Bell scandal. Some measures were narrowly tailored and workable, but many were duplicative and overly broad. Strategic lobbying and collaborative efforts with legislators helped reconcile conflicting proposals and reduce the volume of potential legislation. Another success was the defeat of AB 710 (Skinner) in the final hours of the legislative session. This measure attempted to insert the state into land use by imposing a mandatory cap on local parking standards in transit intensive areas. Finally, the issue of municipal bankruptcy was resolved. The League and other local agencies removed their opposition when amendments were accepted by the author that rewrote the bill, so that it only provides an opportunity for pre -bankruptcy mediation without state or other political intrusion. Local agencies continue to have access to federal bankruptcy protection when necessary. League of California Cities 2011 Legislative Report Legislative Wrap Up 5 Governor's Final Bill Signing Decisions Despite statements that he would be very aggressive in vetoing unnecessary legislation, the Governor signed more than 85 percent of bills placed on his desk, including many priorities for labor and environmental groups. Unlike some of his predecessors, the Governor did not express concern about legislation that reached his desk from "gut and amends" and other practices that avoid legislative transparency adequate opportunities for public review. This could trigger more such activity. When it comes to local control, the Governor does not appear to have a defined or consistent philosophy. Aside from realigning state programs to counties, and proposing to eliminate redevelopment agencies and enterprise zones, the Governor's sign -veto actions were consistent with the League's request just 56 percent of the time. The vetoes of two land use bills SB 469 (Vargas), economic analysis for big box stores selling groceries, and AB 1220 (Alejo), statute of limitations for housing element lawsuits, were appreciated. Other helpful bills became law. But there were significant areas of disappointment. Gov. Brown signed some of the most controversial League - opposed bills, such as SB 244 (Wolk), planning and annexation mandates, AB 438 (Williams), limiting contracting for library staffing, and AB 646 (Atkins), compulsory fact- finding. Evaluating League Progress on Strategic Goals The League Board of Directors outlined three strategic goals for the 2011 Legislative Session: (1) Stronger partnerships for a stronger golden state; (2) Sustainable and secure public pension systems; (3) Responsive and accessible League services. As always, the cornerstone of the League's political strength and success begins with the commitment and dedication of the many city officials who devote their time and energy to serving within the League's divisions, policy committees and special task forces and board of directors. Strong Partnerships for a Stronger Golden State In the effort to preserve local redevelopment the League worked closely with the California Redevelopment Association, and then reached out to build coalitions with homebuilders, construction trades, housing advocates, environmental groups, local chambers and others. Despite supporting redevelopment, numerous groups had other vulnerable budget priorities or were politically cautious of getting in the way of the new Governor's agenda that was supported by Democrat leadership. The pressure caused some to seek carve -out protections for specific projects, or preserve just affordable housing, thus weakening the strength of the coalition. Early in the year, the League successfully worked to resolve legal and technical issues arising from the "Gas Tax Swap" and Prop. 26 and Prop. 22 with a coalition of transportation stakeholders including road construction firms, labor, councils of League of California Cities 2011 Legislative Report 6 Legislative Wrap Up governments, transit agencies, and counties. This resulted in transportation funds flowing unfettered to local agencies in 2011. In other areas, the League continued to work with the California Police Chiefs Association to identify and address potential impacts of corrections realignment on cities. More recently, the League has engaged in discussions with the California State Association of Counties to support their efforts to secure constitutional protection for realignment funds, while addressing city -related issues. The League board also received a presentation and provided initial feedback on potential state and local budget reforms being developed by California Forward. Sustainable and Secure Public Pension Systems Declines of state and local revenues, combined with benefit enhancements granted over the last decade, have exposed the public pension system as unsustainable. City governments have led the way in negotiating benefit adjustments with local bargaining units, in many cases adopting a lower tier of benefits for new employees. Programs and resources were also developed. The League hosted several panels on pension issues at its conferences with representatives of labor, management and other stakeholders, and created a section on its website dedicated to the topic. A Pension Reform Action Plan was refined through the League's policy committee process and has been widely distributed after board approval. Legal research was commissioned at the request of city managers on the complex topic of vested rights. Additional background information on pension issues was published by the Institute of Local Government, the nonprofit research arm of the League. Responsive and Accessible League Services The League expanded its communication efforts in 2011 by increasing the frequency of its electronic newsletter to several times per week to keep city officials apprised of developments in the Capitol. Also expanded were the use of social media platforms such as Facebook and Twitter. Webinars have become a more standard format for educating city officials on important issues, while saving their time and travel costs. The League is investing in improved technology to make these services even better. Going Forward Prospects for the 2012 Legislative session foreshadow another difficult year. The state budget remains unbalanced and revenue growth is unlikely to close the gap. Unemployment is projected to remain high. Another effort to craft an agreement on the budget that would include new revenue is expected. Various organizations are busy drafting initiatives for the November ballot, and the recent voter -approved legislative redistricting and the top -two primary system will demonstrate if these reforms improve the operation of the legislature. League of California Cities 2011 Legislative Report Legislative Wrap Up 7 For cities, the Supreme Court's decision on redevelopment and the Sacramento Superior Court's ruling in VLF case will be critical. Defending constitutional provisions which support the protection of local revenue is vital to the future of cities and a fundamental reason for the League's existence. Whatever the outcome of the Court's decision, city officials can continue to look to the League to use every tool at our disposal to advance and protect local control. Still, new opportunities to resolve these and other important policy issues may emerge (e.g., pension reform). In such difficult times, the Governor and legislators ought to realize the value of taking a more collaborative approach to working with cities in 2012. Such collaboration, after all, is in California's interest. As President Lincoln said: "A house divided against itself cannot stand." League of California Cities 2011 Legislative Report 8 Legislative Wrap Up This page was intentionally left blank. League of California Cities 2011 Legislative Report Administrative Services 9 1I. Administrative Services A. Political Reform Act of 1974 AB 182 (Davis). Political Reform Act of 1974. Statements of Economic Interest. Chapter 96, Statutes of 2011 Current law provides for a pilot project that permits Los Angeles, Merced, Orange, Santa Clara, Stanislaus, and Ventura counties and the City of Long Beach to permit the electronic filing of a Statement of Economic Interest (SEI) in accordance with regulations adopted by the FPPC. The pilot project began on January 1, 2009, and will end on January 1, 2012. This measure permits participants in the pilot project to continue to receive electronic filings of SEIs during the 2012 calendar year while the Legislature reviews the results of the pilot project. AB 873 (Furutani). Political Reform Act of 1974. Postgovernment Employment Restrictions. Chapter 551, Statutes of 2011 This measure places new postemployment restrictions under the Political Reform Act on board members, executive and managerial employees, and other high level staff of CaIPERS and CaISTRS when doing business with either retirement system following employment. B. Elections AB 80 (Fong). Presidential Primary. Election date. Chapter 138, Statutes of 2011 This measure moves the presidential primary election from February to June in presidential election years and consolidates it with the statewide direct primary election. AB 84 (Fong). Elections. New Citizens. Chapter 186, Statutes of 2011 This measure allows new citizens to register and vote at the office of a county elections official, or at another designated location, any time between the beginning of the 14th day before an election until the closing of polls on Election Day. *AB 93 (Lara). Elections. City of Bell. Chapter 1, Statutes of 2011 This measure allows the confirmation of the election results and installation of the newly elected officials in the City of Bell to be authorized by the Legislature. Under current statutes, after a city clerk certifies election results the city council is required to declare the results and install the newly elected council members. However, the City of Bell did not have a functioning council at the time of its March 8 special election. League of California Cities 2011 Legislative Report 10 Administrative Services AB 193 (Knight). Polling Place Designation. Chapter 137, Statutes of 2011 This measure prohibits a polling place from being located in the home of a registered sex offender. Elections officials are required to consult the Megan's Law website prior to designating a location as a polling place. *AB 413 (Yamada). Elections. All -Mail Ballot Elections. Chapter 187, Statutes of 2011 This measure establishes a pilot program authorizing Yolo County to conduct all -mail ballot elections. The program remains in effect until January 1, 2018. This measure also requires that Yolo County report statistics of the cost to conduct the elections, the demographic of voters, permanent vote -by -mail status, as well as other pertinent information to the Legislature and the Secretary of State. AB 461 (Bonilla). Write-in Candidates. Chapter 189, Statutes of 2011 This measure provides that in the event of a manual recount after the official canvass has taken place, the law governing the counting of write-in votes must be liberally construed to ensure that each ballot is counted if the intent of the vote can be determined, regardless of whether the voter complied with the voting instructions. AB 503 (Block). Processing Write-in Votes. Chapter 190, Statutes of 2011 This measure applies the same standard provided in AB 461 (Bonilla, Chapter 189, Statutes of 2011), but applies this standard during the official canvass. AB 547 (Gatto). Voting. Chapter 260, Statutes of 2011 This measure makes it a misdemeanor for a state -licensed or state -subsidized caretaker to coerce or deceive an elderly person residing in their care to vote for or against a measure or candidate. AB 985 (Williams). Elections. Official Canvass. Manual Tally. Chapter 52, Statutes of 2011 This measure permits elections officials, in lieu of conducting a public manual tally of the ballots cast in one percent of the precincts, including vote -by -mail (VBM) ballots, to conduct a two-part public manual tally that includes both of the following: 1) A public manual tally of the ballots cast in one percent of the precincts chosen at random by the elections official, not including VBM ballots; and 2) A public manual tally of not less than one percent of the VBM ballots cast in the election. AB 1343 (Fong). Permanent Vote by Mail Voters. Failure to Return Ballot. Chapter 191, Statutes of 2011 This measure requires that a voter's name be deleted from the permanent vote -by -mail voter list if the voter fails to return the mail ballot in four consecutive statewide general elections. League of California Cities 2011 Legislative Report Administrative Services 11 SB 183 (Correa). Ballots. Identifying Information. Chapter 739, Statutes of 2011 This measure prohibits a voter from marking a ballot outside of voter designated spaces and placing personal information on any part of a ballot. Further, this measure requires ballot instructions to state that marking the ballot outside of the designated space to vote for a candidate or measure may compromise the secrecy of the ballot. These provisions replace existing provisions that allow a ballot to be rejected if it is marked in a manner that identifies the voter and instead requires a ballot that contains personal information to be separated and duplicated in the same manner as defective ballots. *SB 202 (Hancock). Elections. Ballot Measures. Chapter 558, Statutes of 2011 This measure provides that state initiatives and referendum measures that qualify for the ballot on or after July 1, 2011, must appear on the ballot only at the November statewide general election or at a statewide special election. This measure applies to state measures only. This measure also moves ACA 4 (Gatto, Resolutions Chapter 174, Statutes of 2010) from the June 2012 statewide primary ballot to the November 2014 statewide general election ballot and repeals a requirement that specified language be used for the ballot label and ballot title (the courts ruled this year that the AG must prepare the ballot label and ballot title summary for state ballot measures). ACA 4 proposes various changes to the state budget process and to the state's Budget Stabilization Fund. *SB 327 (Elections Committee). Elections. Procedure. Chapter 248, Statutes of 2011 This measure clarifies that the text of a proposed municipal initiative is not required to be published or posted when the proponents of the initiative post or publish the notice of intention to circulate the petition and the title and summary of the initiative. Additionally it requires the nomination paper for a candidate for municipal office to include the candidate's residence address and permits elections officials to continue to use the existing supply of nomination papers that are in print on January 1, 2012, until the supply is exhausted before providing new or revised forms. This measure also requires nomination documents for candidates for municipal office to be filed by the close of business on the day the documents must be filed instead of by 5 p.m. SB 337 (Kehoe). Tenancy. Political Signs. Chapter 383, Statutes of 2011 This measure provides that a landlord cannot prohibit a tenant from posting or displaying political signs relating to an upcoming vote if the sign meets all the following requirements: 1) It is posted in the window, on the door, in the yard, on the balcony or outside wall of premises leased by the tenant; 2) It is not more than six square feet in size; and 3) It does not violate local, state or federal law. The bill requires the tenant to remove the sign within the time limits set in ordinance by the local jurisdiction, but where there is no local ordinance, the landlord may establish a reasonable time that allows League of California Cities 2011 Legislative Report 12 Administrative Services signs to be posted at least 90 days prior to the election and the removal no earlier than 15 days after the election. SB 397 (Yee). Online Voter Registration. Chapter 561, Statutes of 2011 This measure requires California to implement an online voter registration system for eligible Californians in time for the November 2012 statewide general election. This measure also requires the Secretary of State and the Department of Motor Vehicles to develop a process and infrastructure to implement the new system. C. Elected Officials AB 167 (Cook). California Stolen Valor Act. Chapter 69, Statutes of 2011 This measure establishes the California Stolen Valor Act. This measure expands existing provisions related to forfeiture of elected office to additionally require that an elected officer of the state or a city, county, city and county, or district forfeit office upon conviction of a crime involving falsely representing themselves, with the intent to defraud, as a veteran, ex -service member or a member of the Armed Forces of the U.S. *AB 309 (Cook). Public Officers. Removal from Office. Chapter 543, Statutes of 2011 This measure provides that a public office becomes vacant when an incumbent is listed in the Excluded Parties List System. It defines the Excluded Parties List System as the list maintained and disseminated by the federal General Services Administration containing names of, and other information about, persons who are debarred, suspended, disqualified, or otherwise excluded from participating in a covered transaction, pursuant to federal law. The measure applies when: • The office is one that the incumbent holds ex officio by virtue of holding another office, or as an appointee. This measure does not apply to elective office holders. • The appointed or ex officio officer is on the governing board of a local agency that is, or may reasonably be expected to be, a participant or principal in a covered transaction, pursuant to federal law. An example of a covered transaction would be someone working on a project that receives federal grant funding. • A federal agency head or designee has not granted the incumbent an exception, in writing, permitting the incumbent to participate in a particular covered transaction in which the local agency is, or may reasonably be expected to be, a participant or principal. League of California Cities 2011 Legislative Report Administrative Services 13 *AB 754 (Fletcher). Elective Office. Military Service. Chapter 57, Statutes of 2011 This measure permits a person who is deployed on active military service outside the state and unable to appear to file a declaration of candidacy, nomination paper, or any other paper necessary to run for office, may have that declaration or paper completed and filed by an attorney -in -fact, commissioned and empowered in writing for that purpose through a power of attorney. D. Local Public Agency Meetings *AB 23 (Smyth). Simultaneous Meetings. Compensation Disclosure. Chapter 91, Statutes of 2011 This measure requires that, prior to holding a serial or simultaneous meeting, the clerk or a member of the legislative body announce the compensation that members of the legislative body will receive for attending the serial or simultaneous meeting. *AB 1344 (Feuer). Executive Contracts. Proposed Charters. Ralph M. Brown Act. Chapter 692, Statutes of 2011 This measure: • Sets new standards on what can be included in executive manager and department -head contracts by prohibiting contracts from including automatic renewals, if they are linked to a salary increase above a cost -of -living adjustment and cash settlements that exceed existing statutory limits. Additionally, the measure requires that specific abuse -of -office provisions be added to manager and department head contracts; • Requires that a proposed charter be presented to the voters at a statewide or general municipal election; • Drastically alters the statutory requirement related to how cities and counties can put a proposed charter before the voters by requiring a 10-week process that includes two public hearings, one of which must be conducted outside of normal business hours; • Requires local agency agendas subject to the Ralph M. Brown Act be placed online; and • Prohibits a legislative body from calling a special meeting regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of an executive manager or department head. This does not apply when a local agency calls a special meeting to discuss the agency's budget. League of California Cities 2011 Legislative Report 14 Administrative Services E. Civil Grand Juries AB 1133 (Silva). Grand Jurors. Conflict of Interest. Chapter 184, Statutes of 2011 This measure requires that any grand juror who is a current employee of, or an employee that has been employed within three years by, an agency that is being investigated recuse themselves from participating in any investigation, discussion or vote concerning that agency. This measure is specifically designed to be an addition to any local policies regarding conflict of interest for grand jurors. League of California Cities 2011 Legislative Report Community Services 15 III. Community Services A. Animal Bills AB 258 (Hagman). Rabies. Vaccinations. Chapter 542, Statutes of 2011 This measure exempts from the rabies vaccination requirement a dog that a licensed veterinarian determines, on an annual basis, will be endangered from the vaccine due to disease or other conditions that the veterinarian can verify and document. AB 564 (Smyth). Income Taxes. Voluntary Contributions. Municipal Shelter Spay - Neuter Fund. Chapter 549, Statutes of 2011 This measure allows individual taxpayers to contribute amounts in excess of their tax liability for the support of municipal shelter spay -neuter funds only if another existing voluntary contribution designation is removed from the state tax return form. AB 1117 (Smyth). Animal Abuse. Penalties. Chapter 553, Statutes of 2011 This measure requires that misdemeanor and felony animal abuse convictions result in probation terms that prohibit animal ownership for five or 10 years, respectively, and provides that the owner of an animal seized through a search warrant shall be liable for the costs of caring for and treating the animal and that these costs will be a lien on the animal which must be paid before the animal is returned. SB 425 (R. Calderon). Cruelty to Animals. Fighting. Chapter 562, Statutes of 2011 This measure increases the fine associated with misdemeanor convictions related to dog fighting and cock fighting. It also applies forfeiture provisions for property acquired through the illicit acts to cock fighting that are currently in place for dog fighting. SB 917 (Liu). Animal Abuse. Chapter 131, Statutes of 2011 This measure increases the misdemeanor penalty for animal neglect, making confirming changes to other animal abuse laws, and makes it a crime to sell a live animal on any street, highway, public right of way, parking lot, carnival, or boardwalk. League of California Cities 2011 Legislative Report 16 Community Services B. Public Health AB 604 (Skinner). Needle Exchange Programs. Chapter 744, Statutes of 2011 This measure authorizes the state Department of Public Health (DPH), instead of a city or county, to establish needle and syringe programs with community health organizations in areas where the DPH determines the potential for the rapid spread of diseases through contaminated needles until January 2019. In approving a local needle exchange program, DPH is required to consult with the local health officer and local law enforcement leadership, and balance public health benefits against public safety concerns. Further, programs may only be approved in two-year time increments with extensions requiring further review and input from local stakeholders. SB 41 (Yee). Hypodermic Needles and Syringes. Chapter 738, Statutes of 2011 This measure suspends certain provisions of the Disease Prevention Demonstration Project until January 1, 2015, including the ability for a city or county to restrict the number of hypodermic needles and syringes a pharmacist or physician may provide without a prescription to 10 per person. Until then, pharmacists and physicians may to furnish up to 30 hypodermic needles and syringes without a prescription to a person 18 years or older, without city or county authorization. C. Miscellaneous *AB 42 (Huffman). State Parks. Chapter 450, Statutes of 2011 This measure authorizes the Department of Parks and Recreation to enter into contracts with qualified nonprofit organizations for the operation and maintenance of a state park unit or portion of a park unit. AB 417 (B. Berryhill). Structural Pest Control. Chapter 99, Statutes of 2011 This measure prohibits a city, county, or city and county from prohibiting a licensee of the California Pest Control Board (PCB) from engaging in the business, occupation or profession for which the person is licensed under the State Structural Pest Control law. Until 2009, PCB was under the Department of Consumer Affairs (DCA) and protected by existing state law that prohibits a local government from banning a licensee of DCA from engaging in a business that they are licensed to perform. A 2009 law restructured DCA and made the PCB autonomous. Since local governments are prohibited from banning a licensee under DCA, this measure extends the protection the PCB licensees had under DCA to the newly autonomous PCB. The state Structural Pest Control law generally covers three areas of pest control: fumigation, general pest control and termites. League of California Cities 2011 Legislative Report Community Services 17 *AB 438 (Williams). County Free Libraries. Withdraw!. Use of Private Contractors. Chapter 611, Statutes of 2011 This measure mandates specific contractual provisions for general law cities that leave their county library systems and choose to contract for library staffing systems for their city -owned library. Specific requirements include publishing notice of the contemplated action in a specific manner, clearly demonstrating that the contract will result in actual overall cost savings to the city or library district for the duration of the entire contract, prohibiting the contract from causing current city or library district employees to incur a loss of employment or specified benefits or an involuntary transfer, and imposing specified requirements on contracts for library services in excess of $100,000 annually. The bill sunsets in 2019 and exempts non-profit organizations that a city contracts with for staffing services. AB 581 (J. Perez). Public Health. Food Access. Chapter 505, Statutes of 2011 This measure establishes the California Healthy Food Financing Initiative to expand access to healthy foods in underserved urban and rural communities. It sunsets in 2017. AB 768 (Gatto). Male Circumcision. Chapter 398, Statutes of 2011 This measure prohibits any city, county, or city and county from prohibiting or restricting the practice of male circumcision, or the exercise of parental authority to have a child circumcised. SB 20 (Padilla). Food Facilities. Menu Labeling. Chapter 415, Statutes of 2011 This measure repeals current law governing menu labeling requirements for food facilities and, instead, conforms state law to federal law. *SB 264 (Correa). Recreational Activities. Skateboard Parks. Chapter 232, Statutes of 2011 This measure removes a sunset date thereby indefinitely extending qualified local immunity for local public agencies that operate public skateboarding parks. The immunity provided under this measure requires the local public agency to meet certain requirements, including requiring persons who skateboard to wear helmets, elbow pads, and knee pads. This measure also requires, beginning in 2013, that copies of the records of claims and lawsuits be filed annually with the Assembly Judiciary Committee and the Senate Judiciary Committee. SB 332 (Padilla). Rental Dwellings. Smoking. Chapter 264, Statutes of 2011 This measure codifies the ability of a residential landlord to prohibit smoking on the property or in any building or portion of the building, including any dwelling unit. The measure also specifies that it does not preempt any local ordinance in effect on or before January 1, 2012, restricting the smoking of cigarettes or other tobacco products. League of California Cities 2011 Legislative Report 18 Employee Relations IV. Employee Relations A. California Public Employees' Retirement System (CalPERS) *AB 782 (Brownley). Public Employee Benefits. Audits. Chapter 107, Statutes of 2011 This measure requires the CaIPERS Board of Administration to notify a state agency, school employer, or contracting agency if they are the subject of an audit, before initiating an audit, and provide the estimated time required to complete the audit. This measure also allows CaIPERS to assess a reasonable charge upon an employer to recover costs incurred for excess time to complete an audit, if the audit requires more time than estimated. Agencies will not be assessed additional charges for delays during the course of an audit that are reasonably outside the agency's control. AB 873 (Furutani). Political Reform Act of 1974. Postgovernment Employment Restrictions. Chapter 551, Statutes of 2011 This measure places new post -employment restrictions under the Political Reform Act on board members, executive and managerial employees, and other high-level staff of CaIPERS and CaISTRS when doing business with either retirement system following employment. AB 1042 (Allen). Public Employees' Retirement. Chief Financial Officer. Chapter 688, Statutes of 2011 This measure gives the CaIPERS Board of Administration the authority to appoint and set the compensation of a chief financial officer (CFO). CaIPERS does not currently have a CFO. After evaluating its organizational structure this year, it determined that there is a need for a CFO to oversee corporate finance and coordinate other financial functions throughout the organization. AB 1151 (Feuer). Public Retirement Systems. Investments. Iran. Chapter 441, Statutes of 2011 This measure clarifies that the CaIPERS and CaISTRS boards are prohibited from making new investments in companies that do business with Iran's energy sector and generally requires the board to liquidate existing investments in such companies unless doing so would fail to satisfy the boards' constitutionally -mandated fiduciary responsibility, as was required by AB 221 (Anderson, Chapter 671, Statutes of 2007). Additionally, this measure imposes new transparency, disclosure, and noticing requirements related to the boards' determinations on which companies are subject to, or remain subject to, divestment. League of California Cities 2011 Legislative Report Employee Relations 19 AB 1247 (Fletcher). Public Retirement Systems. Reporting. Chapter 733, Statutes of 2011 This measure makes changes to the reporting requirements enacted last year as part of the FY 2010-11 budget act related to CaIPERS investment returns and setting the discount rate (or assumed rate of return). The measure amends the reporting requirements to: 1) apply only to state employee retirement plans; 2) revise the calculations CaIPERS is required to use in the report; and 3) delete the role of the Treasurer and instead requires the Chair, or his/her designee, of the California Actuarial Advisory Panel to report to the Legislature in a publicly noticed, joint hearing of the Senate and Assembly public employee committees. SB 294 (Price). Public Employees' Retirement. Emerging Investment Managers. Chapter 701, Statutes of 2011 This measure, to encourage diversity, requires CaIPERS and CaISTRS to provide a five-year strategic plan for emerging investment manager participation across all asset classes and to report to the Legislature annually on the progress of the plan. *SB 322 (Negrete McLeod). Retirement. Chapter 47, Statutes of 2011 This measure clarifies that a member's service under multiple employers may not be considered separately for the purposes of calculating the Internal Revenue Code (IRC) Section 415(b) limit. IRC Section 415(b) places a dollar limit on the annual benefit that can be received from a tax -qualified pension plan such as CaIPERS. Under IRC Section 415(b), the maximum annual retirement benefit payable at the Social Security normal retirement age is $195,000 for calendar year 2010. SB 398 (E. Hernandez). Retirement. Placement Agents. Chapter 704, Statutes of 2011 This measure revises the definition of placement agent and external manager in the Political Reform Act and exempts placement agents from local government reporting and registration requirements. B. Workers' Compensation *AB 335 (Solorio). Workers' Compensation. Notices. Chapter 544, Statutes of 2011 This measure improves the mandatory benefit notices that are sent to injured workers by their employers during workers' compensation claims. It requires the administrative director of the Division of Workers' Compensation, in consultation with the Commission on Health and Safety and Workers' Compensation to prescribe reasonable rules and regulations for serving workers' compensation claims notices on an employee. The overall goal is to standardize and put into plain language these benefit notices. The estimated savings to the workers' compensation system is $42 million annually. League of California Cities 2011 Legislative Report 20 Employee Relations *AB 378 (Solorio). Workers' Compensation. Pharmacy Products. Chapter 545, Statutes of 2011 This measure reduces the costs in the workers' compensation system by closing a loophole in the pharmacy reimbursement fee schedule. This measure addresses the dramatic spikes in the utilization of compound drugs, medical foods, and co -packs that are clearly related to the financial benefits enjoyed by medical professionals for prescribing these as opposed to other pharmacy products. The new fee schedule is temporary and the Administrative Director of the Division of Workers' Compensation is vested with the authority to revise the fee schedule. *AB 1168 (Pan). Workers' Compensation. Vocational Expert Fee Schedule. Chapter 555, Statutes of 2011 This measure sets maximum fees for services provided by vocational experts, which will reduce overall costs workers' compensation system. AB 1426 (Solorio). Workers' Compensation. Court Administrator. Chapter 559, Statutes of 2011 This measure eliminates the position of the court administrator in the Division of Workers' Compensation (DWC), which is currently unfilled, and delegates the duties of this position to the administrative director (AD) of the DWC and the Workers' Compensation Appeals Board (WCAB). Specifically this measure: 1) delegates the DWC district office procedures and rules to WCAB; 2) requires the WCAB to establish uniform district office procedures and forms; 3) requires the AD to establish a priority calendar for issues requiring an expedited hearing and decision; and 4) requires the AD to establish a priority conference calendar for issues where an employee has an attorney and the dispute is on the nature of the injury. SB 457 (R. Calderon). Workers' Compensation. Liens. Chapter 564, Statutes of 2011 This measure provides that when the Workers' Compensation Appeals Board awards a reimbursement for self -procured medical costs for the effects of an injury or illness arising out of and in the course of employment to a self -insured employee welfare benefit plan to make the determination notwithstanding the official medical fee schedule (OMFS). Current law allows self -insured employee welfare benefit plans to recover self - procured medical costs when a claim is denied but the injury is later determined to be work -related. This measure allows self -insured employee benefit plans to recover costs associated with treatment of an injury regardless of the OMFS. SB 826 (Leno). Workers' Comp. Insurance. Reporting. Administrative Penalties. Chapter 568, Statutes of 2011 This measure establishes penalties for the failure of a claims administrator to report claim information to the Workers' Compensation Information System and requires the administrative director of the Division of Workers' Compensation to assess the penalties for these reporting violations. League of California Cities 2011 Legislative Report Employee Relations 21 C. Labor Relations *AB 195 (R. Hernandez). Local Public Employee Organizations. Chapter 271, Statutes of 2011 This measure amends the Myers Milias Brown Act to include existing prohibitions under the Educational Employment Relations Act related to unfair labor practice charges including knowingly providing an employee organization with inaccurate information regarding the financial resources of the public employer. *AB 506 (Wieckowski). Local Government. Bankruptcy. Neutral Evaluation. Chapter 675, Statutes of 2011 This measure requires local public entities to participate in a mandatory mediation to for a minimum of 60 days prior to filing a Chapter 9 petition with a federal court. Mediation can be extended for an additional 30 days if a majority of creditors request that it be extended. If a local public entity believes that it will run out of cash within 60 days, the local public entity can adopt a resolution by a majority vote declaring a fiscal emergency and file, without delay, its Chapter 9 bankruptcy petition. *AB 646 (Atkins). Local Public Employee Organizations. Impasse Procedures. Chapter 680, Statutes of 2011 This measure provides that in the event of impasse, after the parties agree to a mediator and the mediator cannot effect a settlement within 30 days, the employee organization can request that the parties' differences be submitted to a fact-finding panel. The agency is prohibited from implementing its last, best, and final offer until at least 10 days after the fact-finding panel's written findings of fact and recommended terms of settlement have been submitted to the parties and the agency has held a public hearing regarding the impasse. The costs for the fact-finding panel are to be split by both parties. *SB 609 (Negrete McLeod). Public Employment Relations Board. Final Orders. Chapter 242, Statutes of 2011 This measure provides that if the Public Employment Relations Board does not issue a ruling that supersedes an administrative law judge's decision regarding recognition of certification of an employee organization on or before 180 days after an appeal is filed, the decision by the administrative law judge is considered final. *SB 857 (Lieu). Public Employment. Unlawful Strike Damages. Chapter 539, Statutes of 2011 This measure prevents the Public Employment Relations Board from awarding damages resulting from an unlawful strike. League of California Cities 2011 Legislative Report 22 Employee Relations D. Personnel *AB 22 (Mendoza). Employment. Credit Reports. Chapter 724, Statutes of 2011 This measure limits an employer's use of a consumer credit report, as defined in the bill, for employment purposes unless the information is: 1) substantially job -related, meaning that the position of the person for whom the report is sought has access to money, other assets, or confidential information; and 2) the position for whom the report is sought is a position in the state Department of Justice, a managerial position, as defined in the bill, that of a sworn peace officer or other law enforcement position, or a position for which the information contained in the report is required to be disclosed by law or to be obtained by the employer. AB 592 (Lara). Employment. Leave. Interference, Restraint, and Denial. Chapter 678, Statutes of 2011 This measure clarifies that it is unlawful employment practice to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under the California Family Rights Act, or due to disability by pregnancy, childbirth, or related medical conditions. *AB 1236 (Fong). Hiring Practices. Electronic Employment Verification. Chapter 691, Statutes of 2011 This measure, except as required by federal law or as a condition of receiving federal funds, prohibits the state, a city, county, city and county, or special district from requiring an employer to use an electronic employment verification system, including: 1) as a condition to receive a government contract; 2) as a condition of applying for or maintaining a business license; and, 3) as a penalty for violating licensing or other similar laws. *AB 1344 (Feuer). Executive Contracts. Proposed Charters. Ralph M. Brown Act. Chapter 692, Statutes of 2011 This measure: • Sets new standards on what can be included in executive manager and department -head contracts by prohibiting contracts from including automatic renewals, if they are linked to a salary increase above a cost -of -living adjustment and cash settlements that exceed existing statutory limits. Additionally, the measure requires that specific abuse -of -office provisions be added to manager and department head contracts; • Requires that a proposed charter be presented to the voters at a statewide or general municipal election; • Drastically alters the statutory requirement related to how cities and counties can put a proposed charter before the voters by requiring a 10-week process that includes two public hearings, one of which must be conducted outside of normal business hours; • Requires local agency agendas subject to the Ralph M. Brown Act be placed online; and League of California Cities 2011 Legislative Report Employee Relations 23 • Prohibits a legislative body from calling a special meeting regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of an executive manager or department head. This does not apply when a local agency calls a special meeting to discuss the agency's budget. SB 299 (Evans). Employment. Pregnancy or Childbirth Leave. Chapter 510, Statutes of 2011 This measure makes it unlawful for an employer to refuse to maintain and pay for a pregnant employee's medical coverage during pregnancy leave. The measure also allows employers to recover premium costs from the employee for maintaining coverage for the employee under the group health plan if both of the following conditions occur: • The employee fails to return from leave after the period of leave to which the employee is entitled has expired; and • The employee's failure to return from leave is for a reason other than one of the following: a. The employee takes leave under the California Family Rights Act; or b. The continuation, recurrence or onset of a health condition that entitles the employee to pregnancy leave or other circumstances beyond the employee's control. E. Health Care AB 36 (Perea). Federal Health Care Conformity. Chapter 17, Statutes of 2011 This measure conforms to the new federal law that allows an income exclusion or deduction from gross income for children under 27 years old. Because California, prior to the bill's signing, had not conformed to the federal health care tax provisions, the employer had the task of dealing with different withholding requirements for federal and state purposes. Prior to this measure, employers were burdened with individually determining the fair market value of employer -provided medical coverage for an adult child that exceeded the amount an employee would otherwise pay for family coverage. The task for reporting employee income was complicated, time-consuming, and financially burdensome. This measure aligned state and federal law and removed this burden from employers and took effect immediately upon signing. F. Workforce Investment Boards (W/Bs) AB 554 (Atkins). Employment. Workforce Services. Chapter, 499, Statutes of 2011 This measure requires state and local Workforce Investment Boards (WIBs) to ensure that programs and services funded by WIBs and directed to apprenticeable occupations, including pre -apprenticeship training, are conducted to the maximum extent feasible, in coordination with apprenticeship programs approved by the Division of Apprenticeship Standards. It also requires WIBs to develop a policy of fostering League of California Cities 2011 Legislative Report 24 Employee Relations collaboration between community colleges and approved apprenticeship programs in their respective geographic areas to provide training and continuing education. SB 698 (Lieu). Workforce Development. High -Performance Boards. Chapter 497, Statutes of 2011 This measure requires the Governor, through the California Workforce Investment Board (CWIB), to establish standards and incentives for "high-performance" local workforce investment boards. This measure additionally requires CWIB, in consultation with representatives from local workforce investment boards (LWIBs), to initiate a stakeholder process to determine the appropriate measurable metrics and standards for high-performance certification. It also requires the Governor and Legislature to set aside (beginning in FY 2013-14) annually a portion of the 15 percent discretionary funds made available through the federal Workforce Investment Act (WIA) to provide performance incentives to high-performance LWIBs. It provides that only high- performance certified LWIBs can receive a portion of the state set -aside funds or any portion of the state's 15 percent discretionary WIA funding. *SB 734 (DeSaulnier). State and Local Workforce Investment Boards. Funding. Chapter 498, Statutes of 2011 This measure requires, beginning in 2012, that at least 25 percent of federal Workforce Investment Act funds provided to local workforce investment boards be spent on workforce training programs and requires at least 30 percent by 2016. The bill also specifies which services and leveraged funds may be applied toward this new requirement. League of California Cities 2011 Legislative Report Environmental Quality 25 V. Environmental Quality A. California Environmental Quality Act (CEQA) AB 209 (Ammiano). Environment. CEQA. Lead Agency Documents. Chapter 171, Statutes of 2011 This measure requires a lead agency preparing an environmental impact report (EIR) or negative declaration under the California Environmental Quality Act to include a description of how the draft EIR or draft negative declaration can be provided in an electronic format. AB 320 (Hill). CEQA. Determination. Dispute. Chapter 570, Statutes of 2011 This measure requires a lead agency in a notice of approval or notice of determination to identify: 1) a person who undertakes an activity that is supported through contract, grants, subsidies, loans or other forms of assistance from one or more public agencies or 2) a person that undertakes an activity involving the issuance of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies. Furthermore, it requires the petitioner or plaintiff to name, as a real party in interest, the person or persons identified in the notice of approval or notice of determination in the lead agency's record of proceedings, rather than the recipients of approval. Additionally, this measure provides that failing to name persons as real parties in interest is not grounds for dismissal. This measure does not apply to proceedings filed on or before December 31, 2011, or to actions where a notice of approval of notice of determination was filed on or before December 31, 2011. *AB 900 (Buchanan). CEQA. Expedited Judicial Review. Chapter 354, Statutes of 2011 This measure, a companion piece to SB 292 (Padilla, Chapter 353, Statutes of 2011), establishes expedited judicial review procedures and requires the implementation of specific environmental traffic and air quality mitigation measures under the California Environmental Quality Act for an Environmental Leadership Development Project (ELDP) related to the development of a residential, retail, commercial, sports, cultural, entertainment, or recreational use project, or clean renewable energy or clean energy manufacturing project. This measure authorizes the Governor to certify a leadership project for expedited judicial review if certain conditions are met as well as sets a sunset on the measure of January 1, 2015. Under this measure, an ELDP that meets certain environmental mitigation measures can be certified by the Governor. The Governor's decision to certify a project for expedited judicial review must be confirmed by the Joint Legislative Budget Committee within 30 days of receiving the determination by the Governor. Projects qualifying as an ELDP must meet the following conditions: • Project will result in a minimum investment of $100 million; League of California Cities 2011 Legislative Report 26 Environmental Quality • Project will create high wage, highly skilled jobs that pay prevailing wages and living wages; • Project does not result in any net additional emissions of greenhouse gases, as determined by the state Air Resources Board; • Project applicant has entered into a binding and enforceable agreement that all mitigation measures will be conditions of project approval; and • Project applicant pays Court of Appeal costs in hearing and deciding any case, including costs for appointment of a special master, and costs of preparing the administrative record. *SB 226 (Simitian). CEQA. Energy and InfiII Exemptions. Guidelines. Chapter 469, Statutes of 2011 This measure, originally introduced as a vehicle for later California Environmental Quality Act (CEQA) discussions and subsequently substantially amended in the last three days of the legislative session, makes the following changes to the existing CEQA process: • Establishes several exemptions that include the installation of a "solar energy system" on the roof of an existing building or at an existing parking lot as well as a solar photovoltaic or solar thermal system and associated equipment, including connections to the electric grid adjacent to the parcel. It does not include an exemption for an electric substation. • Establishes abbreviated CEQA review procedures for defined "infill projects," where only specific or more significant effects on the environment that were not addressed in a prior planning -level EIR need to be addressed. An EIR for a project under this measure does not need to consider alternative locations, densities, and building intensities or growth -inducing impacts. Infill projects may include residential, retail, commercial, transit station, school, or public office building projects located within an urban area. • Requires the Governor's Office of Planning and Research to adopt CEQA guidelines to implement the infill provisions. These guidelines are required to include statewide standards to promote smart growth, reduction of greenhouse gas emissions, reduction of water use, energy efficiency improvements and protection of public health. • Provides that a project's greenhouse gas emissions shall not by itself cause the project to be ineligible for a categorical exemption from CEQA review if the project complies with the regulations adopted to implement related statewide, regional, or local plans provided in the CEQA guidelines. • Permits specific large scale solar thermal power plant projects recently certified by the California Energy Commission to convert the project to solar photovoltaic technology without filing an entirely new application for certification and re- starting the certification process. League of California Cities 2011 Legislative Report Environmental Quality 27 *SB 292 (Padilla). CEQA. Expedited Judicial Review. LA Project. Chapter 353, Statutes of 2011 This measure establishes expedited judicial review procedures and requires the implementation of specific environmental traffic and air quality mitigation measures under the California Environmental Quality Act (CEQA) for the proposed downtown Los Angeles football stadium and convention center project (LA Project). Under this measure, a petition challenging the certification of the EIR, or the granting of any initial project approvals, for the LA Project will be filed with the Second District Court of Appeal as opposed to the Superior Court. The Court of Appeal process will also be expedited under this measure. For the LA Project to qualify for the expedited judicial review under this measure, the project must minimize traffic congestion and air quality impacts that may result from private car trips. The project must also achieve "carbon neutrality" for private car trips by the end of the first National Football League season and 10 percent less car trips than the best comparable stadium over a 10-year period. B. Energy AB 512 (Gordon). Local Government Renewable Energy Self -Generation Program. Chapter 478, Statutes of 2011 This measure increases the capacity of a power plant from one megawatt (MW) to five MWs for the existing local government program that allows a municipality to generate electricity at one location to offset electricity usage at another municipal location. AB 631 (Ma). Public Utilities. Electric Vehicle Charging Stations. Chapter 480, Statutes of 2011 This measure exempts from the definition of a public utility a facility that supplies electricity to the public only for use to charge light duty plug-in electric vehicles. This measure is intended to codify a recent decision by the state Public Utilities Commission to not regulate electric vehicle charging stations as utilities. *ABx1 14 (Skinner). Energy. Energy Upgrade Financing. Chapter 9, Statutes of 2011, First Extraordinary Session This measure authorizes the California Alternative Energy and Advanced Transportation Financing Authority to provide financial support to lenders to facilitate projects for energy and water conservation and renewable energy. League of California Cities 2011 Legislative Report 28 Environmental Quality SB 16 (Rubio). Renewable Energy. Dept. of Fish and Game. Expedited Permitting. Chapter 311, Statutes of 2011 This measure requires the Department of Fish and Game to take steps to expedite the processing of incidental take permits under the California Endangered Species Act for an eligible renewable energy permit. This measure is intended to help expedite renewable energy projects in Southern California that are a part of the Desert Renewable Energy Conservation Program. SB 209 (Corbett). Common Interest Developments. Vehicle Charging Stations. Chapter 121, Statutes of 2011 This measure provides that a prohibition or restriction on the installation or use of an electrical vehicle charging station in any of the governing documents of a common interest development is void and unenforceable. SB 267 (Rubio). Water Supply Planning. Renewable Energy Plants. Chapter 588, Statutes of 2011 This measure revises the definition of a project to exclude a proposed photovoltaic or wind energy generation facility that demands no more than 75 acre feet of water annually. This measure is intended to carve out renewable energy projects that are required to do a water supply analysis under the California Environmental Quality Act, but do not use a significant amount of water. SB 489 (Wolk). Electricity. Net Metering. Chapter 593, Statutes of 2011 This measure expands the existing net energy metering program by adding to the list of eligible technologies, currently limited to solar and wind, to include additional types of renewable generation including, but not limited to, biomass, municipal solid waste conversion and landfill gas. SB 618 (Wolk). Local Government. Solar -Use Easement. Chapter 596, Statutes of 2011 This measure authorizes the parties to a Williamson Act contract to mutually agree to rescind the contract to simultaneously enter into a solar -use easement that requires the land to be used for solar photovoltaic facilities for a term of no less than 10 years. *SB 679 (Pavley). Energy. Energy Conservation Projects. Financial Assistance. Local Governments and Public Institutions. Chapter 597, Statutes of 2011 This measure transfers $25 million to the Energy Conservation Assistance Account within the California Energy Commission to support Property Assessed Clean Energy programs. League of California Cities 2011 Legislative Report Environmental Quality 29 SB 771 (Kehoe). Sales Tax Exempting Eligibility. Landfill and Digester Gas Turbines. Chapter 598, Statutes of 2011 This measure provides that landfill and digester gas turbines, engines, and microturbines may be considered renewable energy eligible for sales tax exemptions and other financial assistance under the California Alternative Energy and Advanced Transportation Financing Act. SB 790 (Leno). Electricity. Community Choice Aggregation. Chapter 599, Statutes of 2011 This measure revises and expands the definition of Community Choice Aggregation (CCA) and requires the California Public Utility Commission to initiate a Code of Conduct rulemaking. The measure also allows CCAs to receive public purpose funds to administer their own energy efficiency programs. SBx1 2 (Simitian). Energy. Renewable Energy Resources. Chapter 1, Statutes of 2011, First Extraordinary Session This measure increases California's renewables portfolio standard to require all sellers of electricity and all publicly owned utilities to procure at least 33 percent of electricity delivered to their retail customers from renewable resources by 2020. C. Hazardous Waste AB 255 (Wieckowski). Hazardous Waste. Latex Paint. Collection Facility. Chapter 213, Statutes of 2011 This measure bridges the existing disconnect between two sections of law governing the handling of latex paint collection at household hazardous waste (HHW) facilities. Specifically, the measure allows HHW facilities to accept any amount of recyclable latex paint from any generator, but must still abide by the stringent facility, safety, training, and emergency response requirements under existing law. AB 291 (Wieckowski). Underground Storage Tanks. Petroleum Charges. Chapter 569, Statutes of 2011 This measure extends for two years a temporary petroleum storage fee that the owner of an underground storage tank must pay. AB 358 (Smyth). Hazardous Substances. Underground Storage Tanks. Reports. Chapter 571, Statutes of 2011 This measure makes changes to provide for the reporting and review of underground storage tank cleanup. League of California Cities 2011 Legislative Report 30 Environmental Quality AB 408 (Wieckowski). Hazardous Substances. Transportation. Paint Recycling. Chapter 603, Statutes of 2011 This measure makes changes to hazardous material reporting requirements, emergency response requirements, and hazardous waste manifest requirements and to the requirements for the management of used paint. More specifically, it allows local governments cost recovery for emergency response to hazardous substances spills under a wider range of circumstances. AB 762 (Smyth). Public Health. Medical Waste. Chapter 222, Statutes of 2011 This measure deletes a provision in existing law that requires plasma arc technology to be used on medical waste, biohazardous waste, and sharps waste in order for it to be consolidated into a common container for disposal. Instead, the measure allows that waste to be incinerated in a common container. AB 913 (Feuer). Hazardous Waste. Certified Green Business Program. Chapter 578, Statutes of 2011 This measure requires the Department of Toxic Substances Control (DTSC) to develop a California Green Business Program that provides for the voluntary certification of businesses that adopt environmentally preferable business practices. In addition, DTSC will have to work with the existing network of statewide local government green business programs in implementing guidelines and structures that establish and promote a level of consistency among green business programs across the state as well as develop technical guidance and policy coordination for new local green business programs. SB 909 (La Malfa). Treated Wood Waste. Disposal. Chapter 601, Statutes of 2011 This measure updates obsolete sections of the existing law related to treated wood waste, adds state department contact information and extends the sunset of the existing treated wood waste disposal requirements from 2012 to 2017. D. Solid Waste and Recycling *AB 341 (Chesbro). Solid Waste. Diversion. Chapter 476, Statutes of 2011 This measure establishes a state policy goal of 75 percent of solid waste generated to be diverted from landfill disposal by 2020, but prohibits CalRecycle from imposing a diversion rate above the existing 50 percent on local governments. The measure also requires local governments to implement commercial solid waste recycling programs designed to divert solid waste from businesses beginning July 1, 2012. League of California Cities 2011 Legislative Report Environmental Quality 31 AB 525 (Gordon). Tire Recycling. Architectural Paint Recovery Program. Chapter 573, Statutes of 2011 This measure establishes a program to provide funding to local jurisdictions for the use of rubberized asphalt concrete and tire -derived aggregate for road projects as well as makes technical changes to the state architectural paint recovery program. It sunsets in June 2015. AB 712 (Williams). Recycling. Beverage Containers. Chapter 576, Statutes of 2011 This measure prohibits CalRecycle from making any payments from the California Beverage Container Recycling Fund, including grants or loans, to a city, county or city and county that has adopted or is enforcing a land -use restriction that prevents the siting or operation of a certified recycling center at a supermarket site location. AB 818 (Blumenfield). Solid Waste. Multifamily Dwellings. Chapter 279, Statutes of 2011 This measure, the Renter's Right to Recycle Act, requires that an owner of a multifamily dwelling arrange appropriate and available recycling services for the dwelling, including a local ordinance or agreement applicable to the collection, handling, or recycling of solid waste. It also specifies that it is not intended to interfere with or prevent the authority of a local jurisdiction from requiring recycling services for multifamily dwellings. A multifamily dwelling is defined under this measure as a residential facility consisting of five or more living units. AB 1149 (Gordon). Beverage Containers. Recycling and Litter Reduction Funds. Chapter 486, Statutes of 2011 This measure extends for five years CalRecycle's plastic market development program, which provides beverage container funds to support recyclers and manufacturers using empty plastic beverage containers to make new products. *SB 841 (Wolk). Solid Waste. Enterprises. Contracts. Chapter 713, Statutes of 2011 This measure restricts the enforceability of an indemnity obligation in a contract or request for proposal between a solid waste enterprise and a local agency, related to liability for failure to obtain voter approval of fees or charges in violation of Proposition 218 or Proposition 26. League of California Cities 2011 Legislative Report 32 Environmental Quality E. Water AB 849 (Gatto). Water. Use Efficiency. Graywater Building Standards. Chapter 577, Statutes of 2011 This measure prohibits a city, county, city and county, or other local agency from adopting local building standards that prohibit the use of graywater systems and requires that an ordinance enacted regarding graywater standards that are different from statewide standards must include the local climatic, geological, or topographical conditions necessitating the difference. AB 1152 (Chesbro). Groundwater. Monitoring. Chapter 280, Statutes of 2011 This measure allows a groundwater monitoring entity, if given approval by the Department of Water Resources, to use alternate monitoring technologies, such as aerial photographs and remote sensing data, if certain conditions exist that make the use of monitoring wells irrelevant or impracticable. F. Water- Drinking Water AB 54 (Solorio). Drinking Water. Chapter 512, Statutes of 2011 This measure places new requirements on mutual water companies and authorizes the operator of a public water system to enter into a letter of no prejudice with the Department of Public Health for reimbursement of eligible project expenditures on safe drinking water projects when looking to make improvements on public water systems. AB 938 (V. M. Perez). Public Water Systems. Notice of Noncompiance. Chapter 514, Statutes of 2011 This measure requires the written public notice of noncompliance with drinking water standards given by a public water system to include information in English, Spanish, and other languages spoken by the impacted community. AB 983 (Perea). Safe Drinking Water State Revolving Fund. Chapter 515, Statutes of 2011 This measure makes changes to the state Safe Drinking Water Revolving Fund to allow priority for funding and up to 100 percent of project cost funding for certain disadvantaged communities. League of California Cities 2011 Legislative Report Environmental Quality 33 G. Water — Water Quality AB 359 (Huffman). Groundwater Management Plans. Chapter 572, Statutes of 2011 This measure places additional requirements on local water agencies that opt to develop groundwater management plans, and requires the Department of Water Resources to make related information available on the internet. AB 741 (Huffman). Onsite Wastewater Disposal. Chapter 106, Statutes of 2011 This measure allows local sewer service providers, at a property owner's request, to construct sewer improvements on private property and charge the property owner for the costs. AB 1221 (Alejo). State Water Pollution Cleanup and Abatement Account Eligibility. Chapter 517, Statutes of 2011 This measure expands the eligibility for funding from the state Water Pollution Cleanup and Abatement Account to allow a nonprofit organization and listed tribes serving a disadvantaged community to receive funding from the account for waste cleanup. The measure requires the grantee organization to be either controlled by a local public agency, or in the case of a private corporation, have a broadly-based ownership or membership of the people of the local community. SB 482 (Kehoe). Public Beach Contamination. Standards. Testing. Closing. Chapter 592, Statutes of 2011 This measure transfers primary jurisdiction for beach water quality monitoring and testing programs from the state Department of Public Health to the state Water Resources Control Board and includes a cap on the overall amount of funds that may be used, upon appropriation by the Legislature, as a funding source for the program. SB 607 (Walters). SWRCB. Brackish Groundwater Treatment. Chapter 241, Statutes of 2011 This measure requires, on or before January 1, 2013, the state Water Resources Control Board to either amend the California Ocean Plan or adopt separate standards to address water quality objectives and effluent limitations specifically appropriate to brackish groundwater treatment system facilities that produce municipal water supplies for local use. League of California Cities 2011 Legislative Report 34 Environmental Quality H. Air Qualify SB 170 (Pavley). Adverse Effects of Air Pollution. Intellectual Property. Chapter 586, Statutes of 2011 This measure authorizes local and regional air pollution control districts and air quality management districts to sponsor and promote projects that will prevent, mitigate or cure the adverse effects of air pollution as well as allows a district, until January 1, 2017, to negotiate for a share of intellectual property, developed as a result of district funds, but prohibits a district from receiving more that the investment. The bill also requires a district to reimburse the state for a process or machine that the district benefitted from for the amount of the benefit accrued. A district that attempts to negotiate for benefits must report to the Legislature annually. League of California Cities 2011 Legislative Report Housing, Community and Economic Development 35 VI. Housing, Community, and Economic Development A. Land Use, Planning and Annexation AB 147 (Dickinson). Subdivisions. Fees. Transportation Facilities. Chapter 228, Statutes of 2011 This measure authorizes cities and counties to charge fees subject to the Mitigation Fee Act as a condition of approval of a final map or as a condition of issuing a building permit for constructing transportation facilities including, but not limited to, pedestrian, bicycle, transit, and traffic -calming facilities. *AB 208 (Fuentes). Land Use. Subdivision Maps. Expiration Dates. Chapter 88, Statutes of 2011 This measure extends the expiration date of any tentative map or vesting tentative map that would have otherwise expired between the dates of July 15, 2011, and January 1, 2014, by 24 months. AB 566 (Galgiani). Mineral Resource Information. Lead Agencies and MPOs. Chapter 218, Statutes of 2011 This measure requires the state Mining and Geology Board to provide mineral resource information to lead agencies and metropolitan planning organizations within 30 days of a request for the information if the information pertains to the requesting entity's jurisdiction. AB 654 (Hueso). Local Government. Historical Property. Chapter 278, Statutes of 2011 This measure requires contracts between cities or counties and the owner of a qualified historical property to include an inspection of the interior and exterior of the premises by the cities or counties prior to a new agreement and every five years thereafter in order to substantiate the owner's compliance with the contract and require the owner to record the contract with the county in which the property is located. The measure authorizes local governments to charge a fee not to exceed the cost of providing its services. It requires a local government to cancel a contract or bring an action in court to enforce the contract if it determines that the owner has breached the contract. A landowner that is a party to the contract may also bring an action in court to enforce the contract. AB 1103 (Huffman). Land Use. Housing Element. Chapter 210, Statutes of 2011 This measure expands the criteria allowing a city or county to meet up to 25 percent of its regional housing needs assessment by counting affordable housing units converted, with committed assistance from the city or county, from foreclosed property. League of California Cities 2011 Legislative Report 36 Housing, Community and Economic Development *SB 244 (Wolk). Local Government. Land Use. General Plan. Disadvantaged Unincorporated Communities. Chapter 513, Statutes of 2011 This measure requires each city to update the land use element of its General Plan to address disadvantaged unincorporated communities by the next revision of the housing element by: identifying each island or fringe community within the city's sphere of influence as well as including a description of the community and a map; performing an analysis of water, wastewater, stormwater drainage, and structural fire protection needs or deficiencies; and analyzing benefit assessment districts or other financing alternatives that could make the extension of services financially feasible. This measure also requires a Local Agency Formation Commission to deny an application for any annexation if it is contiguous to a disadvantaged community, unless a second application is filed for the annexation of the disadvantaged community. SB 436 (Kehoe). Land Use. Mitigation Lands. Nonprofit Organizations. Chapter 590, Statutes of 2011 This measure authorizes a state or local public agency to authorize a nonprofit organization, a special district, a for -profit entity, a person, or another entity to hold property and manage an interest in property held for mitigation purposes. To be eligible, nonprofits must: be exempt from taxation; be qualified to do business in the state; be a "qualified organization;" and, have as a principal purpose the direct protection or stewardship of land, water, or natural resources. The holder of the funds must: have the capacity to manage the mitigation funds; have the capacity to achieve reasonable rates of return, use generally accepted accounting practices; ensure that funds are accounted for; and if the holder is a nonprofit organization, have an investment policy consistent with the Uniform Prudent Management in Institutional Funds Act. Finally, this measure allows the state or local agency that authorizes a special district or nonprofit to hold mitigation property to require an administrative endowment by having the project proponent provide a one-time payment for the initial stewardship costs for up to three years while the endowment accumulates investment earnings. SB 792 (Steinberg). Surface Mining. Mineral Resource Management Policies. Chapter 345, Statutes of 2011 This measure changes a phrase in Public Resource Code section 2762 from "land use that affects areas of statewide and regional significance" to "land use that affects access to areas of statewide and regional significance" so that lead agencies prioritize providing adequate mineral resources to their communities when making land use decisions as it pertains to mineral resource management policies and the general plan. League of California Cities 2011 Legislative Report Housing, Community and Economic Development 37 B. Housing Finance Programs and Mortgages AB 221 (Carter). The Housing and Emergency Shelter Trust Fund Acts of 2002 and 2006. Supportive Housing. Chapter 541, Statutes of 2011 This measure authorizes and expands the Department of Housing and Community Development's ability to expend bond funds from the Emergency Housing and Assistance Fund from just the Emergency Housing Assistance Program to include the Supportive Housing Program. AB 483 (Torres). Housing Finance. Chapter 275, Statutes of 2011 This measure expands the target population of the Supportive Housing Program to include persons with disabilities as well as families that meet the federal definition of "homeless" or the state definition of "homeless youth." This measure also requires recipients of Supportive Housing Program funds to set aside 40 percent of units for chronically homeless persons, homeless youth, and individuals exiting institutional settings, who were homeless when entering the institution, who have a disability, and who resided in the institution for at least 15 days, but allows the Department of Housing and Community Development to reduce the 40 percent if it is determined that the program is undersubscribed after issuing at least one Notice of Funding Availability. AB 697 (V. M. Perez). Veteran. Acquisition of Home. Interest of Record. Chapter 368, Statutes of 2011 This measure authorizes the Department of Veteran Affairs to acquire a home for the purpose of refinancing an existing mortgage loan that was not originally acquired under the Veterans' Farm and Home Purchase Act of 1974 in order that veterans can refinance existing home loans. AB 793 (Eng). Insurance Producers. Reverse Mortgages. Chapter 223, Statutes of 2011 This measure prohibits an insurance broker or agent from participating in or employing anyone that participates in the origination of a reverse mortgage. The bill also prevents individuals transacting insurance from receiving a compensation, commission, or direct incentive for providing reverse mortgage borrowers with a noncasualty insurance product that is connected to the reverse mortgage, except for an agent or broker offering title insurance, hazard, flood, or other peril insurance, or other similar products that are normal under a reverse mortgage loan. AB 1222 (Gatto). California Housing Finance Authority. Chapter 408, Statutes of 2011 This measure requires the California Housing Finance Agency board to contract to conduct salary surveys of key exempt management and compare the results with the agency. This measure also allows a California Housing Finance Agency board League of California Cities 2011 Legislative Report 38 Housing, Community and Economic Development member, who is not a paid employee of the agency, to be paid or have a financial interest in a housing development financed or assisted by the agency. Board members are also granted the ability to enter into contracts where a member has a financial interest as long as the member discloses the conflict and is recused from the issue. SB 458 (Corbett). Mortgages. Deficiency Judgments. Chapter 82, Statutes of 2011 This measure expands the prohibition on a lender receiving a judgment for a deficiency after a short sale beyond the first mortgage or deed of trust so long as the holder of the mortgage or deed of trust consents to the short sale. SCR 6 (A. Lowenthal). Affordable Housing. In -Home Internet Service. Chapter 72, Resolutions of 2011 This measure encourages affordable housing lenders who administer competitive multifamily housing programs to follow the Tax Credit Allocation Committee's policy on high-speed Internet access by providing competitive points for developments that provide high-speed Internet service to each unit for a minimum of 10 years, free of charge to tenants. C. Miscellaneous Land Use AB 418 (Ammiano). Tidelands. City and County of San Francisco. Pier 70. Chapter 477, Statutes of 2011 This measure authorizes the State Lands Commission to free from public trust restrictions Seawall Lot 300 from the City and County of San Francisco in exchange for land on or adjacent to the San Francisco Bay that is equal or greater than the area of Seawall Lot 300 and is useful for trust purposes. The proposed exchange of Seawall Lot 330 is conditioned upon the America's Cup race occurring in San Francisco. AB 565 (Monning). State Coastal Conservancy. San Clemente Dam. Chapter 479, Statutes of 2011 This measure authorizes the state Coastal Conservancy to award a grant up to $25 million to a for -profit entity for the purposes of removing or altering the San Clemente Dam if the State Coastal Conservancy finds that the project is of regional or statewide significance and a grant to a public agency or nonprofit will not result in the removal or alteration of the dam. AB 818 (Blumenfield). Solid Waste. Multifamily Dwellings. Chapter 279, Statutes of 2011 This measure requires an owner of a multifamily dwelling to arrange for recycling services, consistent with state or local laws or ordinances, except where there is inadequate space for the recycling containers, there is no solid waste enterprise that provides recycling services to the property, or the cost of recycling creates a financial hardship for the multifamily dwelling owner. League of California Cities 2011 Legislative Report Housing, Community and Economic Development 39 AB 1077 (Carter). State Parks. Colonel Allensworth State Historic Park. Chapter 582, Statutes of 2011 This measure requires the Department of Parks and Recreation (DPR) to notify the state Park and Recreation Commission (PRC) of any proposed development that may substantially impact the historical, cultural, or recreational significance of the Colonel Allensworth State Historic Park in order to preserve the state park from other incompatible development in the area. Upon notice, PRC is required to hold a public hearing and then submit a summary of its conclusions on the impact to the park by the proposed development to DPR to the appropriate local government entities. The bill also requires the DPR to study the feasibility of Colonel Allensworth State Historic Park as a National Historic Landmark. AB 1272 (Butler). State Property. Surplus. Chapter 178, Statutes of 2011 This measure authorizes the Department of General Services (DGS) to dispose of six surplus state properties including: 2.59 acres, known as the Hollywood Employment Development Department; 1.68 acres, known as the Los Angeles Employment Development Department; 1.17 acres, known as the Oroville Employment Development Department; 1.54 acres, known as the Hidden Lake Estates Parcel in Fresno County; 40 acres, known as Digger Butte Lookout; and 20 acres, known as Campbellville Lookout in Tehama County. This measure also rescinds the authorization for the DGS to sell two state properties including: .54 acres of the Sutter Hill Forest Fire Station in Amador County and the 5.54 acre National Guard Armory in the City of San Jose. AB 1414 (Natural Resources Committee). Forestry. Timber Harvesting. Chapter 584, Statutes of 2011 This measure makes changes to the Z'berg-Nejedly Forest Practice Act of 1973 including: • Deleting the January 1, 1988, date relating to the definition of "timber operations" and the rules and regulations relating to the site preparation work; repealing the requirement that district advisory committees advise the Board of Forestry and Fire Protection on district forest practice rules; deleting the definition of "cutover" land; • Deleting provisions that reference timberland harvested between January 1, 1974, and the adoption of stocking standards; and • Deleting the requirement that the Board of Forestry and Fire Protection adopt rules relating to reducing the effects of erosion on watercourses and lakes; and deleting the provision authorizing an exemption from the act. These changes are technical in nature and repeal outdated provisions that are no longer significant on current forest resource management. League of California Cities 2011 Legislative Report 40 Housing, Community and Economic Development SB 108 (Rubio). Agricultural Mining. Idle Mines. Chapter 491, Statutes of 2011 This measure amends the definition of an idle mine to the curtailment of surface mining operations for at least one year by more than 90 percent of its maximum annual mineral production within any of the last five years during which an interim management plan has been approved, with the intent to resume the surface mining operation at a future date. It authorizes a mine operator that has not properly reported the mineral production for any year prior to January 1, 2012, to include corrected annual reports to the 2012 annual report as long as it is submitted before July 1, 2013. it also allows a mine to return to idle status if it was considered abandoned prior to January 1, 2013, if an interim management plan is approved by July 1, 2013, and the lead agency determines the operator is in compliance with the interim management plan. SB 110 (Rubio). Real Property Disclosures. Mining Operations. Chapter 253, Statutes of 2011 This measure limits the liability of a transferor or selling agent, when responding to a request regarding natural hazards. The measure requires an expert, using map coordinate data from the Office of Mine Reclamation, to determine if the property is presently located within one mile of a mining operation thus providing prospective buyers a disclosure of nearby mining hazards. SB 152 (Pavley). Public Lands. General Leasing Law. Littoral Landowners. Chapter 585, Statutes of 2011 This measure authorizes the State Lands Commission to charge rent for a private recreational pier built on state lands for the use of a nearby littoral land owner, based on market conditions, once an existing lease expires or as the piers are constructed for a new pier. SB 194 (Governance and Finance Committee). Local Government Omnibus Bill. Chapter 382, Statutes of 2011 This measure makes numerous noncontroversial, clarifying amendments in this annual cleanup measure for local government issues. Of interest to cities, SB 194 does the following: • Clarifies that local governments may invest in federally chartered branches of foreign banks; • Corrects an erroneous cross reference to obsolete public notice requirements for general plan adoption or amendments; • Changes the dollar limit that triggers a longer life for tentative maps from $178,000 to $236,790, conforming the statutory threshold to the amount set by the State Allocation Board in January 2011; • Corrects the erroneous statutory cross-reference in the Subdivision Map Act provision relating to special subdivision fees for bridges and thoroughfares; • Repeals an obsolete reference to a redevelopment law referencing blight in a wartime housing provision; League of California Cities 2011 Legislative Report Housing, Community and Economic Development 41 • Aligns exclusion of parcels for major subdivisions with language related to minor subdivisions in the Subdivision Map Act; and • Requires an airport owner or operator to pay for recording a termination notice of an avigation easement. SB 551 (DeSaulnier). State Property. Tidelands Transfer. City of Pittsburgh. Chapter 422, Statutes of 2011 This measure repeals a 2006 public trust grant to the City of Pittsburgh and creates a new grant that includes the 2006 grant land as well as land annexed to Pittsburgh in 2009. The new grant requires Pittsburgh to submit a trust lands use plan by January 1, 2017, and authorizes Pittsburgh to lease trust lands for up to 49 years. Twenty percent of all gross revenue generated from the trust lands must be transmitted to the State Lands Commission, where 80 percent will go to the General Fund and 20 percent to the Land Bank Trust. D. Williamson Act and Open Space AB 840 (Torres). Employee Housing Act. Agricultural Land Use. Chapter 74, Statutes of 2011 This measure changes the phrase "agricultural zone" in the Employee Housing Act to "a zone that allows agricultural uses" to ensure that employer -provided farmworker housing is consistent with agricultural land use. AB 1265 (Nielsen). Local Government. Williamson Act. Chapter 90, Statutes of 2011 This measure allows counties from January 1, 2011, until January 1, 2016, to increase the assessed values of Williamson Act contracted land and keep the resulting property taxes in any year in which payments authorized for reimbursement for lost revenue are less than half of the county's actual forgone general fund tax revenue. SB 328 (Kehoe). Eminent Domain Law. Conservation Easement. Chapter 589, Statutes of 2011 This measure revises the Eminent Domain Law for purposes of acquiring property subject to a conservation easement by: • Requiring a person seeking to use eminent domain to obtain a conservation easement to notify the holder of the conservation easement and the entity that contributed to the easement and an opportunity to comment on the acquisition. • Requiring notice to the holder of the conservation easement of at least 105 days prior to a hearing on the resolution of necessity and the easement holder to notify any public entity that contributed to the acquisition or creation of the easement. • Allowing for input from the easement holder and interested public entities at various stages of the eminent domain process. League of California Cities 2011 Legislative Report 42 Housing, Community and Economic Development SB 618 (Wolk). Local Government. Solar -Use Easement. Chapter 596, Statutes of 2011 This measure authorizes the parties to a Williamson Act contract to mutually agree to rescind the contract to simultaneously enter into a solar -use easement that requires the land to be used for solar photovoltaic facilities for a term of no less than 10 years. SB 668 (Evans). Local Government. Williamson Act. Chapter 254, Statutes of 2011 This measure allows cities and counties, until January 1, 2016, to recoup forgone property tax revenues from nonprofit land -trust organizations, nonprofit entities, or public agencies under a Williamson Act contract if the state fails to make subvention payments or provides a reduced subvention. E. Local Government - General *AB 307 (Nestande). Joint Powers Agreements. Federally Recognized Indian Tribe. Chapter 266, Statutes of 2011 This measure expands the definition of a public agency to include federally recognized Indian tribes for purposes of entering into joint powers agreements. AB 912 (Gordon). Local Government. Organization. Chapter 109, Statutes of 2011 This measure allows a local agency formation commission (LAFCO) to immediately order the dissolution of a district if the dissolution was initiated by the district board and consistent with a prior action of the board. Alternatively, the measure requires at least one noticed public hearing without an election if the dissolution was initiated by an affected local agency, the LAFCO, or by petition unless a majority protest exists. SB 288 (Negrete McLeod). Local Government. Independent Special Districts. Chapter 66, Statutes of 2011 This measure authorizes an independent special district to establish a revolving fund in an amount not to exceed 110 percent of 1/12 of the district's adopted budget if a resolution is passed specifying the purposes for which the funds may be expended, the district officer responsible for the fund, the necessity of the fund, and the maximum amount of the fund. League of California Cities 2011 Legislative Report Housing, Community and Economic Development 43 F. Landlord/Tenant AB 588 (V. M. Perez). Tenancy. Victims of Domestic Violence. Chapter 76, Statutes of 2011 This measure expands current law that allows a victim of domestic violence to terminate a lease early by providing the landlord with a court order or police report that was issued in the last 180 days rather than the last 60 days. SB 337 (Kehoe). Tenancy. Political Signs. Chapter 383, Statutes of 2011 This measure provides that a landlord cannot prohibit a tenant from posting or displaying political signs relating to an upcoming vote if the sign meets all the following requirements: 1) It is posted in the window, on the door, in the yard, on the balcony or outside wall of premises leased by the tenant; 2) It is not more than six square feet in size; and 3) It does not violate local, state or federal law. The bill requires the tenant to remove the sign within the time limits set in ordinance by the local jurisdiction, but where there is no local ordinance, the landlord may establish a reasonable time that allows signs to be posted at least 90 days prior to the election and the removal no earlier than 15 days after the election. SB 426 (R. Calderon). Tenancies. Eviction. Notices. Chapter 128, Statutes of 2011 This measure provides that a tenant who conducts dog fighting or cock fighting may be evicted from the building or property where the illegal conduct was held on the grounds of causing a public nuisance. G. Real Estate AB 209 (Ammiano). Environment. CEQA. Lead Agency Documents. Chapter 171, Statutes of 2011 This measure requires a lead agency preparing an environmental impact report (EIR) or negative declaration under the California Environmental Quality Act to include a description of how the draft EIR or draft negative declaration can be provided in an electronic format. AB 771 (Butler). Common Interest Developments. Requests for Documents. Fees. Chapter 206, Statutes of 2011 This measure requires common interest developments to provide the association's minutes of regular meetings, if requested, to the seller of property within the development as well as an estimate of the fees for providing documents to the seller separate from other fees, fines, or assessments. League of California Cities 2011 Legislative Report 44 Housing, Community and Economic Development SB 6 (R. Calderon). Real Estate. Appraisal and Valuation. Chapter 716, Statutes of 2011 This measure changes California's real estate and appraisal law to conform with federal the Dodd -Frank Wall Street Reform and Consumer Protection Act. This measure prohibits a real estate licensee from knowingly or intentionally misrepresenting the value of real property and from providing an opinion of value of real property if the person has an interest in that property; prohibits an appraisal management company from improperly influencing the development or review of any appraisal or having a person prepare an appraisal that has a direct interest in the property or transaction; and, prohibits a person with an interest in a real estate transaction involving valuation from improperly influencing the transaction. SB 150 (Correa). Common Interest Developments. Chapter 62, Statutes of 2011 This measure prohibits common interest developments from restricting the right of an owner to rent or lease the separate interest if the owner had the right at the time of purchase, unless the owner waives the right to rent or lease. SB 284 (Harman). Real Property. Marketable Title. Chapter 46, Statutes of 2011 This measure provides, as of January 1, 2013, in an option to purchase real property in the chain of title, the expiration date of the option is six months after the expiration date that is ascertainable from the recorded instrument. If the expiration date is not ascertainable, the option expires six months after the date the instrument. SB 563 (Trans. and Housing Comm.). Common Interest Developments. Meetings. Chapter 257, Statutes of 2011 This measure makes multiple changes to common interest developments including prohibiting board meetings from being conducted through electronic transmission, except to conduct an emergency meeting; clarifies that executive sessions are meetings; reduces the notice period for executive session board meetings from four days to two days; provides that teleconference board meetings are only allowed when notice specifies at least one physical location for members to attend and at least one board member is present, allows an association to provide notices of meetings through email with the member's consent, clarifies that the board is to allow a member to speak only at the portion of the meeting open to members, and provides that agendas of executive session are records available to members. SB 837 (Blakeslee). Residential Real Property Disclosure. Chapter 61, Statutes of 2011 This measure updates the statutorily required transfer disclosure form to require a transferor of real property to disclose whether or not the property is equipped with water conserving plumbing fixtures. League of California Cities 2011 Legislative Report Housing, Community and Economic Development 45 H. Group Homes AB 159 (Beall). Community Care Facilities. Foster Family Agencies. Chapter 94, Statutes of 2011 This measure extends the temporary reduction in supervisor to social worker ratio until such time that the foster family agencies grants are restored to their former levels. AB 313 (Monning). Residential Care Facilities for the Elderly. Chapter 365, Statutes of 2011 This measure requires a licensed residential care facility for the elderly to provide written notice to its residents, the residents' responsible parties, and the local long-term care ombudsman if the Department of Social Services begins to suspend or revoke the license of the facility or criminal action relating to the health or safety of the residents is taken against the licensed facility. The notice is required to include the name and contact information for the local long-term ombudsman and for the Community Care Licensing Division as well as the reason for the criminal action or proceedings to suspend the license. A licensee that fails to comply with the notice requirements is subject to civil penalties not to exceed $5,000. SB 177 (Strickland). Congregate Living Health Facilities. Chapter 331, Statutes of 2011 This measure authorizes congregate living health facilities, not operated by a city in the County of Santa Barbara or the county itself, to operate up to 25 beds for the purposes of serving persons who are terminally ill by exempting facilities from the 12-bed limit. SB 897 (Leno). Residential Care Facilities for the Elderly. Chapter 376, Statutes of 2011 This measure requires a licensee of a residential care facility for the elderly to notify the Department of Social Services, the state Long -Term Ombudsman, residents of the facility, and any applicants for potential residence, in writing, within two business days if: 1) a notice of default, notice of trustee's sale, or other indication of foreclosure is issued on the property; 2) an unlawful detainer action is initiated against the licensee; 3) the licensee files for bankruptcy; 4) the licensee receives a written notice of default of payment of rent; or 5) a utility company sends a notice of intent to terminate electricity, gas, or water service within 15 days of notice. Failure to comply subjects the licensee to civil penalties not to exceed $2,000. 1. Economic Development Programs/Infrastructure Financing AB 29 (J. Perez). Governor's Office of Business and Economic Development. Chapter 475, Statutes of 2011 This measure creates the Governor's Office of Business and Economic Development within the Governor's Office of Planning and Research. This office will be the lead office for the Administration on business development, private sector investment, and economic growth. Within the office, also created is the California Business Investment League of California Cities 2011 Legislative Report 46 Housing, Community and Economic Development Services Program, charged with working with local state and federal agencies and private parties and convening teams to help attract and retain new businesses, manufacturers and address possible closures of large business employers. AB 624 (J. Perez). California Organized Investment Network. Chapter 436, Statutes of 2011 This measure extends the authority for tax credits, from January 1, 2012, to January 1, 2017, issued to insurance companies making interest -free investments in community development financial institutions. It also establishes the California Organized Investment Network Advisory Board, which comprises insurance industry representatives, consumer advocates, economic development and affordable housing practitioners, and others to advise on the best methods to increase the level of insurance industry capital in investments while providing fair returns for investors and social benefits to underserved communities. AB 664 (Ammiano). Infrastructure Financing Districts. America's Cup Venues. Chapter 314, Statutes of 2011 This measure authorizes the City and County of San Francisco to establish America's Cup special waterfront infrastructure finance districts to allow the districts to retain the Educational Revenue Augmentation Fund share of the property tax increment, but limits the incremental tax revenues that can be committed to a special waterfront district to $1 million in a fiscal year. AB 901 (V. M. Perez). Economic Development. Small Business. Chapter 483, Statutes of 2011 This measure defines "microbusiness lender" and expands the definition of financial institutions eligible to participate in the California Capital Access Program (CaICAP), a program administered by the California Pollution Control Financing Authority that provides loans through participating lenders to assist qualifying small business, and increases CaICAP reporting requirements. AB 981 (Hueso). Economic Development. Small Business. Chapter 484, Statutes of 2011 This measure adds insured depository institutions, insured credit unions, and community development financial institutions to the definition of financial institutions eligible to participate in the California Capital Access Program. The California Pollution Control Financing Authority, which administers the program, is also authorized to withdraw a portion of the interest or other income that has been credited to the loss reserve account, and makes other related changes. *AB 1069 (Fuentes). Tax Credits. Film Industry. Chapter 731, Statutes of 2011 This measure extends by one additional year the authority of the California Film Commission to allocate up to $100 million annually in tax credits to the film industry to offset costs filming in California, from July 1, 2014, to July 1, 2015. League of California Cities 2011 Legislative Report Housing, Community and Economic Development 47 SB 225 (Simitian). California Capital Access Program. Chapter 492, Statutes of 2011 This measure authorizes the California Pollution Control Financing Authority to establish loss reserve accounts to finance terminal rental adjustment clause (TRAC) leasing (lease with fixed balloon payments purchase options upon termination) to small businesses, primarily trucking companies seeking to update their fleets, via the California Capital Access Program (CaICAP). SB 310 (Hancock). Local development. Transit Priority Project Program. Chapter 446, Statutes of 2011 This measure creates the Transit Priority Project Program to provide cities and counties with a process to develop transit priority projects that comply with a sustainable communities strategy, create jobs, reduce vehicle miles travelled, and meet regional housing needs. This measure requires participating cities or counties to adopt an ordinance stating the intent to participate in the program and create an infrastructure finance district. In addition, a city or county choosing to participate in the program must amend, if necessary, its General Plan and any other plan to authorize developers to build at an increased height of at least three stories within the newly created infrastructure finance district. This measure allows an infrastructure finance district to reimburse a developer for permit expenses for the construction of affordable housing units related to the Transit Priority Project Program. In order to be considered a Transit Priority Project Program, all projects must meet the following requirements: • The location is in a designated priority project and within one-half mile of a transit station; • The location is within a zone in which buildings are authorized to be at least three stories; • The project meets the State Air Resources Board land use guidelines with respect to distance from major emitters; • Onsite bicycle parking is provided; • Car sharing is provided if it is available in the city or county; • Unbundled parking is provided; • All units receive transit passes for 10 years as part of the rent or condo fees if transit passes are available from local providers; • Tenants are provided recycling for bottles, cans, paper, and plastic containers; • An open space is provided onsite or a fee is paid to establish an open space; • The project pays prevailing wages to construction workers for projects with over 100 units; and • The project provides 20 percent affordable units in rental or owner occupied housing for low- or moderate -income persons, or pays a fee to provide affordable housing elsewhere with the city's or county's jurisdiction, as determined by the city or county and the developer is to require the housing units remain affordable for not less than 55 years for rental units and 45 years for owner -occupied units. League of California Cities 2011 Legislative Report 48 Housing, Community and Economic Development J. Redevelopment *AB 936 (Hueso). Redevelopment. Debt Forgiveness. Chapter 226, Statutes of 2011 This measure: • Requires that before a loan by a public body to a redevelopment agency, or by a redevelopment agency to a public body, can be forgiven the agency or public body forgiving the loan must adopt a resolution providing detailed information on the loan, the reasons for its forgiveness, and the proposed date the agency or public body proposes to act. The resolution is prohibited from being acted upon for fifteen days following its adoption and must be approved by roll -call vote. • Requires any redevelopment agency or public body which forgave a loan subject to this measure between January 1, 2010, and December 31, 2011, to adopt a resolution by February 1, 2012, declaring that it has forgiven a loan, including specified information and details, and transmit the information to the legislative body and the Controller. The definitions of "public body" and "legislative body" in this measure are defined under Community Redevelopment Law. AB 1338 (R. Hernandez). Redevelopment. Chapter 299, Statutes of 2011 This measure requires a redevelopment agency to obtain an appraisal by a qualified independent appraiser to determine the fair market value of a property taken before the redevelopment agency acquires or purchases the property. SB 860 (Resources Committee). Mineral Rights. Redevelopment. San Francisco. Chapter 429, Statutes of 2011 This measure clarifies statutes authorizing public trust land exchanges and grants for redevelopment projects at Hunters Point Naval Shipyard and Candlestick Point, Treasure Island, and the Naval Air Station Alameda. • Regarding Hunters Point Naval Shipyard and Candlestick Point, the measure clarifies that the state reserves the mineral interest in lands granted to the San Francisco Redevelopment Agency, but that the state may quitclaim all mineral rights that are transferred out of the public trust. Should the San Francisco Redevelopment Agency dissolve, a successor agency is to take its responsibilities in administering the granted public trust lands. • Regarding Treasure Island, this measure clarifies that the state reserves mineral interests in the lands granted to the Treasure Island Development Authority, but that the state may quitclaim all mineral rights transferred out of the public trust. It also declares the City and County of San Francisco as the successor agency. • Regarding the Naval Air Station Alameda Public Trust Exchange Act, this measure clarifies that the state reserves the mineral interest in lands granted to the Alameda Reuse and Redevelopment Agency and the City of Alameda, but that the state may quitclaim all mineral rights transferred out of the public trust. League of California Cities 2011 Legislative Report Public Safety 49 VII. Public Safety A. Alcoholic Beverage Regulation AB 183 (Ma). Alcoholic Beverage Licenses. Self -Service Checkouts. Chapter 726, Statutes of 2011 This measure prohibits off -sale licensees, such as grocery stores, from selling alcoholic beverages using in-store self-service checkout stands. To do so would constitute a misdemeanor under the Alcoholic Beverage Control Act. AB 1014 (Fletcher). Food Facilities. Definition. Chapter 159, Statutes of 2011 This measure exempts premises set aside for the purposes of beer tasting from the definition of a food facility subject to the California Retail Food Code, regardless of whether there is a charge for the tasting. The exemption applies so long as beer and prepackaged non -potentially hazardous beverages (no heating or refrigeration requirements) are the only beverages offered for sale for onsite consumption and crackers or pretzels are the only food served. AB 1407 (Judiciary Committee). Liability. Social Hosts. Alcoholic Beverages. Chapter 410, Statutes of 2011 This measure makes clarifying changes to existing social host liability law to specify adults who provide alcohol to minors who know or should have known the minor was under 21 years of age can still be held responsible for harm. The measure also clarifies that claims may be brought against an adult by a person age 21 years or younger, or by someone harmed by a person age 21 years or younger, that resulted from the alcohol consumption. SB 339 (Wolk). Alcoholic Beverage Control. On -Sale Beer and Wine Licenses. Bona Fide Public Eating Place. Public Schoolhouses. Chapter 702, Statutes of 2011 This measure authorizes the sale and consumption of alcoholic beverages at a city - owned community center located on public school grounds, so long as students are not present at the time of consumption. This measure also adds to the Alcoholic Beverage Control Act provisions relating to the establishment of cooking schools as bona fide eating places for the purpose of obtaining a license to sell beer and wine. B. Animal Exploitation AB 1117 (Smyth). Animal Abuse. Penalties. Chapter 553, Statutes of 2011 This measure requires that misdemeanor and felony animal abuse convictions result in probation terms that prohibit animal ownership for five or 10 years, respectively, and provides that the owner of an animal seized through a search warrant shall be liable for League of California Cities 2011 Legislative Report 50 Public Safety the costs of caring for and treating the animal and that these costs will be a lien on the animal which must be paid before the animal is returned. SB 425 (R. Calderon). Cruelty to Animals. Fighting. Chapter 562, Statutes of 2011 This measure increases the fine associated with misdemeanor convictions related to dog fighting and cock fighting. It also applies forfeiture provisions for property acquired through the illicit acts to cock fighting that are currently in place for dog fighting. SB 917 (Liu). Animal Abuse. Chapter 131, Statutes of 2011 This measure increases the misdemeanor penalty for animal neglect, makes conforming changes to other animal abuse laws and makes it a crime to sell a live animal on any street, highway, public right-of-way, parking lot, carnival, or boardwalk. C. Controlled Substances AB 486 (Hueso). Controlled Substances. Bath Salts. Chapter 656, Statutes of 2011 This measure prohibits the sale, dispensing, distribution, administration, or giving or attempting to sell, dispense, furnish, administer or give, or possession for sale synthetic stimulants, known in as "bath salts" or synthetic stimulant derivatives, and makes doing so punishable as a misdemeanor. "Bath salts" is slang for synthetic stimulants that create a similar effect as cocaine, methamphetamine or even LSD, and has no relation to the product used for bathing purposes. *AB 1300 (Blumenfield). Medical Marijuana. Chapter 196, Statutes of 2011 This measure clarifies that existing provisions in state law related to the Medical Marijuana Program shall not prevent a city or other local governing body from adopting and enforcing local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective. It also authorizes the civil or criminal enforcement of those local ordinances. SB 420 (E. Hernandez). Synthetic Cannabinoid Compounds. Chapter 420, Statutes of 2011 This measure creates a misdemeanor, punishable by up to six months in county jail or a fine not exceeding $1,000, or both, for selling, dispensing, distributing, or possessing for sale any synthetic cannabinoid compound, or any synthetic cannabinoid derivative, to any person. Synthetic cannabinoid compounds are also known as "fake pot" and have been listed by the Federal Drug Enforcement Administration as a Schedule I drug based on the finding that is poses an imminent hazard to public safety. League of California Cities 2011 Legislative Report Public Safety 51 SB 514 (Simitian). Dextromethorphan. Sale to Minors Prohibited. Chapter 199, Statutes of 2011 This measure prohibits any person, corporation, or retail distributor from knowingly supplying, delivering, or giving any quantity of dextromethorphan (commonly found in over the counter cough syrup) to a person under the age of 18 without a prescription. D. Crimes, Crime Victims, and Corrections AB 44 (Logue). Inmates. Release. Notification. Chapter 355, Statutes of 2011 This measure increases from 45 to 60 days the advance period that the California Department of Corrections and Rehabilitation must notify the sheriff, police chief, or both, and the district attorney of the scheduled release date of an inmate convicted of a violent felony. AB 316 (Carter). Grand Theft. Copper Materials. Chapter 317, Statutes of 2011 This measure provides that every person who steals or takes copper materials valued greater than $950 is guilty of grand theft, punishable by a $2,500 fine, imprisonment in county jail, or both, or in state prison for up to three years and a fine not to exceed $10,000. AB 520 (Ammiano). Vehicles. Reckless Driving. Suspension of Licenses. Chapter 657, Statutes of 2011 This measure aligns restricted license application rules for DUI convictions with alcohol - related reckless driving, also known as a "wet reckless," which is a lesser charge. AB 520 provides persons convicted of either a DUI or "wet reckless" may apply for a restricted license after 90 days, instead of 12 months, if he or she complies with specified requirements, including installation of an ignition interlock device. AB 665 (Torres). Disorderly Conduct. Peeping. Chapter 658, Statutes of 2011 This measure doubles the fine and possible jail time for repeat offenders of invasion of privacy with the naked eye or instrument, also known as "peeping," and also doubles the fine for first time offenders if the victim is a minor. SB 550 (Padilla). Business. Manufactured Optical Discs. Chapter 421, Statutes of 2011 This measure allows law enforcement officials to inspect commercial optical disc (CD or DVD) manufacturing facilities to ensure compliance with existing laws that require certain identifying marks on each disc. It also increases the maximum fines applicable to a person who violates the provisions regulating manufactured optical discs, including new record keeping and marking requirements. League of California Cities 2011 Legislative Report 52 Public Safety SB 557 (Kehoe). Family Justice Centers. Chapter 262, Statutes of 2011 This measure creates a two-year pilot program in the Cities of San Diego and Anaheim, and Counties of Alameda and Sonoma for the establishment of a family justice centers (FJCs) and allows for the FJCs to be staffed by law enforcement, medical, social service, and child welfare personnel. The FJCs will assist victims of domestic violence, officer -involved domestic violence, sexual assault, elder or dependent adult abuse, stalking, cyberstalking, cyberbullying, and human trafficking through multi -disciplinary and multi -agency services. SB 852 (Harman). Corrections. Victim Notification. Chapter 364, Statutes of 2011 This measure authorizes a crime victim to request being notified of an offender's custody status by electronic mail, if that method is available, in addition to certified mail or telephone contact options. E. Fire Arms/Weapons AB 144 (Portantino). Firearms. Chapter 725, Statutes of 2011 This measure makes it a misdemeanor for any person to carry an exposed and unloaded handgun outside a vehicle upon his or her person while in any public place or on any public street in an incorporated city, or in any public place or public street in a prohibited area of an unincorporated county, with specific exemptions for individuals including security guards and honorable retired peace officers, amongst others. AB 1402 (Public Safety Committee). Deadly Weapons. Chapter 285, Statutes of 2011 This measure makes technical, non -substantive changes to Penal Code sections regulating deadly weapons, including deleting portions of the code that were chaptered out through other legislation or provide necessary cross-references to additional code sections. SB 610 (Wright). Firearms. License to Carry Concealed Firearm. Chapter 741, Statutes of 2011 This measure makes changes related to concealed handgun licenses and provides that the sheriff or police chief, upon determination of good cause or lack thereof, shall give written notice to the applicant based on their determination. If the sheriff or police chief determines that good cause exists, the notice shall inform the applicants to proceed with the specified training requirements. The measure also provides that no applicant shall be required to obtain liability insurance in order to receive a license or be required to pay for trainings prior to establishing their concealed handgun license. League of California Cities 2011 Legislative Report Public Safety 53 F. Fire Service/Emergency & Disaster Response AB 82 (Jeffries). Vehicles. Firefighting Equipment. Chapter 92, Statutes of 2011 This measure clarifies AB 1648 (Jeffries, Chapter 360, Statutes of 2010) and requires a person who operates firefighting equipment to obtain either a class A or B license as appropriate for the size and configuration of the firefighting equipment or a class C license, a restricted class A license, or a noncommercial class B license with a firefighter endorsement. A firefighter endorsement is no longer required in addition to a class A or class B license. AB 398 (Morrell). State Fire Marshal. Certification. Chapter 215, Statutes of 2011 This measure allows the State Fire Marshal to accept certification by the U.S. Department of Defense for the position of Firefighter I to meet the required California state firefighter training and certification standards, as an alternative to those California standards set by the State Fire Marshal. AB 408 (Wieckowski). Hazardous Substances. Transportation. Paint Recycling. Chapter 603, Statutes of 2011 This measure makes changes to hazardous material reporting requirements, emergency response requirements, and hazardous waste manifest requirements and to the requirements for the management of used paint. More specifically, it allows local governments cost recovery for emergency response to hazardous substances spills under a wider range of circumstances. AB 1420 (Government Organization Committee). Emergency Management Assistance Compact. Chapter 413, Statutes of 2011 This measure extends by three years the sunset date for the Emergency Management Assistance Compact, the interstate agreement that provides for mutual assistance between states responding to disasters and emergencies. It now becomes inoperative on March 1, 2015, and is repealed on January 1, 2016. *SB 44 (Corbett). Public Utilities. Gas Pipeline Emergency Response Standards. Chapter 520, Statutes of 2011 This measure contains numerous requirements relative to the compatible and coordinated efforts between gas pipeline utility operators and local agencies, specifically first responders. These involve emergency shutdown and pressure reduction procedures; the role of the incident commander relative to coordination between first responders and the specified gas line owners or operators; and ensuring the specified gas line owners or operators establish and maintain liaison with appropriate fire, police, and other public officials. League of California Cities 2011 Legislative Report 54 Public Safety *SB 216 (Yee). Public Utilities. Intrastate Natural Gas Pipeline Safety. Chapter 521, Statutes of 2011 This measure allows the California Public Utilities Commission to require the installation of automatic shutoff or remote controlled sectionalized block valves on certain intrastate transmission lines that are located in a high consequence area or that traverse an active seismic earthquake fault. G. Gaming/Gambling AB 241 (Hall). Gambling Moratorium. Chapter 316, Statutes of 2011 This measure extends the sunset date on the gambling moratorium for the expansion of card rooms and the issuance of new card room licenses by the state and local jurisdictions from January 1, 2015, to January 1, 2020. *AB 1417 (Hall). Tribal Gaming. Local Agencies. Chapter 736, Statutes of 2011 This measure appropriates $9.1 million dollars from the Special Distribution Fund for grants to local agencies to mitigate the impacts of tribal gaming in local communities for public safety, infrastructure and other needs. H. Judicial Processes AB 622 (Dickinson). Civil Grand Juries. Chapter 679, Statutes of 2011 This measure changes the civil grand jury process to allow a witness to have counsel present during their testimony to expedite the grand jury process. Without this provision, witnesses are required to leave the grand jury room after each question to consult with his or her attorney. It sunsets January 2017. AB 973 (Campos). Trial Courts. Budget Process. Public Notice. Chapter 687, Statutes of 2011 This measure requires a trial court to make public a draft of the trial court's annual budget and provide the opportunity for public comment on both the budget process and any closure of courtrooms or reduction in the hours of the clerks' office prior to that budget adoption, until January 2017. AB 1010 (Furutani). Law Enforcement. Recorded Communications. Chapter 659, Statutes of 2011 This measure gives city attorneys prosecuting misdemeanors in the fields of fraud or consumer abuse the ability to record conversations without first having to obtain permission on a case -by -case basis from the appropriate district attorneys' office or law enforcement agency. League of California Cities 2011 Legislative Report Public Safety 55 1. Local Funding Authority AB 434 (Logue). County Penalties. Forensic Laboratories. Chapter 195, Statutes of 2011 This measure authorizes, with approval from a county's board of supervisors and after all other necessary appropriations are made, funds remaining in a county's DNA Identification Fund to also be used to reimburse a regional state crime laboratory for costs associated with the analysis and comparison of crime scene DNA with forensic identification for local law enforcement investigations. AB 674 (Bonilla). Vehicles. Registration Fees. Chapter 205, Statutes of 2011 This measure removes the sunset date on current law that allows a county to levy $1 dollar on vehicle registration fees ($2 dollar on commercial vehicles) for the purpose of providing local law enforcement fingerprint identification program funding and access the statewide database system, Cal -ID. AB 1358 (Fuentes). Vehicles. Misdemeanor Violations. Amnesty. Chapter 662, Statutes of 2011 This measure authorizes a county to extend the one-time infraction amnesty program to misdemeanor Vehicle Code violations, allowing a person who owes an outstanding fine to pay 50 percent of the fine, and avoid additional fines or jail time for late and non - payments, allowing the local jurisdiction to recoup otherwise lost fine revenue. J. Public Health AB 604 (Skinner). Needle Exchange Programs. Chapter 744, Statutes of 2011 This measure authorizes the state Department of Public Health (DPH), instead of a city or county, to establish needle and syringe programs with community health organizations in areas where the DPH determines the potential for the rapid spread of diseases through contaminated needles until January 2019. In approving a local needle exchange program, DPH is required to consult with the local health officer and local law enforcement leadership, and balance public health benefits against public safety concerns. Further, programs may only be approved in two-year time increments with extensions requiring further review and input from local stakeholders. *AB 619 (Halderman). Massage Therapy. Chapter 162, Statutes of 2011 This measure makes various changes to existing law related to the California Massage Therapy Council (CAMTC) and certification of massage therapy business owners and employees. It authorizes CAMTC to revoke the massage certificate of an owner or operator for a violation by their employee or independent contractor. In addition, it prohibits a city or county from imposing a licensing requirement on an employee with CAMTC certification, or an employer who only employs CAMTC certified employees. League of California Cities 2011 Legislative Report 56 Public Safety The measure also requires that cities or counties levying a local business licensing fee apply the same fee to massage therapy businesses as is applied to all other individuals and businesses providing a professional service. Finally, local governments are authorized to conduct their own background checks of a massage business owner if that owner has possession of five percent or more of the business or establishment. SB 41 (Yee). Hypodermic Needles and Syringes. Chapter 738, Statutes of 2011 This measure suspends certain provisions of the Disease Prevention Demonstration Project until January 1, 2015, including the ability for a city or county to restrict the number of hypodermic needles and syringes a pharmacist or physician may provide without a prescription to 10 per person. Until then, pharmacists and physicians may to furnish up to 30 hypodermic needles and syringes without a prescription to a person 18 years or older, without city or county authorization. SB 285 (Correa). Massage Therapy. Chapter 149, Statutes of 2011 This measure creates a misdemeanor charge against a person that falsifies a certificate, transcript, diploma or other document affirming they received massage therapy instruction. K. Public Safety Professionals SB 390 (La Malfa). Crimes. Assault and Battery. Search and Rescue Teams. Chapter 249, Statutes of 2011 This measure expands the scope of assault and battery crimes against public safety officers, such as peace officers, firefighters and emergency medical technicians, while performing their official duties to also include search and rescue team members. The offense is a misdemeanor punishable by a $2,000, imprisonment in county jail up to one year, or both. SB 406 (Liu). Battery. Security Officers and Custodial Officers. Chapter 250, Statutes of 2011 This measure adds security officers and custody assistants to the list of public safety officers that triggers a greater penalty when they are the victim of simple battery. The list includes peace officers, firefighters, lifeguards, physicians or nurses providing emergency care, animal control, code enforcement, and through SB 406, also includes, under the definition of a custody assistant, any person who is employed or volunteers through a local law enforcement agency to assist peace officers in maintaining security in detention facilities. Under the definition of a security officer, greater penalties apply for battery of any person employed or volunteering through a local government agency to provide security at locations or facilities owned, operated, or administered by a local government. League of California Cities 2011 Legislative Report Public Safety 57 L. Sex Offender Management AB 813 (Fletcher). Sex Offenders. Punishment. Parole. Chapter 357, Statutes of 2011 This measure provides immunity from liability to Sex Offender Management Board members and certified sex offender management professionals for criminal acts committed by persons in their care or management. SB 179 (Pavley). Sex Offenders. Parole. Chapter 359, Statutes of 2011 This measure puts a hold on the parole period of any person subject to commitment as a sexually violent predator (SVP) from the initial finding of probable cause through their dismissal of proceeding or release from confinement in a state facility, closing a loophole in California law to ensure that current sex offenders serve their court -ordered parole period. Prior to SB 179, SVPs could simultaneously serve their parole term while confined in a state hospital, thereby reducing their total parole term. SB 534 (Corbett). Victims of Sexual Assault. Chapter 360, Statutes of 2011 This measure makes changes to sexual assault forensic protocol to conform California to federal requirements for Violence Against Women Act (VAWA) funding. This measure specifies that any sexual assault victim who seeks a forensic medical exam is not required to engage with law enforcement in order to receive the exam. However, local law enforcement agencies are authorized to still seek reimbursement for the cost of a forensic medical exam for victims who decline to participate in the criminal justice system by applying to the California Emergency Management Agency for federal discretionary VAWA funding from the Services, Training, Officers and Prosecutors (STOP) Violence Against Women Formula Grant Program until January 1, 2014. SB 622 (Corbett). Sex Offenders. Registration. Chapter 362, Statutes of 2011 This measure expands sex offender registration requirements for individuals with an out-of-state conviction even if the facts used towards their conviction would not have them require registration as sex offender in the state of their conviction. SB 756 (Price). Sex Offender Registration. Chapter 363, Statutes of 2011 This measure clarifies the jurisdiction for prosecuting a sex offender registrant for failing to register by authorizing a district attorney in a jurisdiction where a sex offender was supposed to register to issue an arrest warrant. League of California Cities 2011 Legislative Report 58 Public Safety M. Youth Violence Prevention, Bullying, and Victimization AB 177 (Mendoza). Juveniles. Parenting Classes. Chapter 258, Statutes of 2011 This measure expands the existing authority of the courts to order anti -gang violence parenting classes for parents or guardians of minors involved in a gang -related offense, as specified. Under AB 177, parents or guardians may be ordered to attend anti -gang violence parenting classes if the court finds their minor has committed curfew violations, habitual disobedience, truancy, or other non -gang related offenses if the court finds the minor is at significant risk for gang involvement. Parents or guardians are still responsible for the cost of the classes so long as it does not create a financial hardship. AB 717 (Ammiano). Child Abuse Central Index. Chapter 468, Statutes of 2011 This measure amends existing provisions of law relating to the Child Abuse Central Index, which requires law enforcement agencies to report any known or suspected child abuse case that is determined not to be unfounded to the Department of Justice, by only including substantiated reports, and removing inconclusive and unfounded reports from those required to be reported to the Child Abuse Central Index. AB 1111 (Fletcher). Debt Collection. Homeless Youth. Chapter 466, Statutes of 2011 This measure prohibits a court from garnishing wages or levying against an individual's bank account when that individual is under age 25 and is homeless, in the court's efforts to collect fines for truancy, loitering, curfew violations or illegal lodging citations. Wage garnishment and bank account levies are permitted when the person reaches 25 or is no longer homeless. AB 1122 (J. Perez). Juvenile Offenders. Tattoo Removal. Chapter 661, Statutes of 2011 This measure creates the California Voluntary Tattoo Removal Program to provide grants to state and county agencies assisting youth, ages 14 to 24, who are in county probation, state corrections custody, or a county -assistance program, to remove gang - related, unprofessional tattoos. Youth must be currently taking part in educational programs, job training, job interviews or other advancement activities. The program is effective until January 2017, and is subject to funding appropriated to the California Emergency Management Agency. AB 1156 (Eng). Pupils. Bullying. Chapter 732, Statutes of 2011 This measure creates various requirements related to bullying including requiring training in the prevention of bullying in programs offered by the Department of Justice and California Board of Education to school personnel, giving priority for inter -district transfers to victims of bullying, and revising the definition of bullying, as of July 1, 2012. League of California Cities 2011 Legislative Report Public Safety 59 N. Other Public Safety *AB 353 (Cedillo). Vehicles. Checkpoints. Chapter 653, Statutes of 2011 This measure prohibits a peace officer or any other authorized person from causing the impoundment of a vehicle at a sobriety checkpoint if the driver's only offense is his or her failure to hold a valid driver's license. It also requires the peace officer to make a reasonable attempt to identify the registered owner of the vehicle, and, if present, release the vehicle to the registered owner. If the registered owner cannot be identified or contacted to retrieve the vehicle, the non -licensed driver will be issued a notice to appear and vehicle removed for retrieval at a later time by the registered owner. AB 354 (Silva). Estates and Trusts. Property. Wrongful Taking. Chapter 55, Statutes of 2011 This measure provides that a person who takes, conceals, or disposes of property in bad faith through undue influence or through financial abuse under the Elder Abuse and Dependent Adult Protection Act is liable for twice the value of the property taken. AB 680 (Block). Public Safety. Comprehensive School Safety Plans. Chapter 438, Statutes of 2011 This measure authorizes a school district or a county office of education (COE), in consultation with law enforcement officials, to choose not to have its school site council develop and write portions of its comprehensive school safety plan, including tactical responses to criminal incidents that may result in death or serious bodily injury at the school site. Authorizes, instead, the school district and COE administrators to write those portions of the school safety plan, as a means to protect potentially sensitive information that could jeopardize the safety response plan. AB 807 (Solorio). Vehicles. Taxicab Transportation Services. Periodic Reports. Chapter 108, Statutes of 2011 This measure requires employers of taxicab drivers to show DMV pull -notice reports if requested by an administrative agency, such as cities, responsible for issuing taxicab permits and to provide reports showing a driver's current public record and any subsequent convictions, driver's license revocations, failures to appear, accidents, driver's license suspensions, driver's license revocations, or any other actions taken against the driving privilege. Pull -notice reports are currently available to administrative agencies for tow -truck drivers, ambulances, school buses, hazardous materials haulers, and others. AB 1074 (Fuentes). Personal Liability Immunity. Telecommunications Service Providers. Chapter 297, Statutes of 2011 This measure provides that retail and wholesale service providers involved in providing 9-1-1 services are not liable for any civil claim, damage, or loss caused by a problem with the provision of 9-1-1 services, unless the problem was caused by gross negligence, wanton or willful misconduct, or intentional misconduct. League of California Cities 2011 Legislative Report 60 Revenue and Taxation VIII. Revenue and Taxation A. Tax Collection *AB 155 (C. Calderon). Use Tax Collection. Chapter 313, Statutes of 2011 This measure expands the definition of a "retailer engaged in business in this state" to improve collection of California's owed, but uncollected, use tax. This measure authorizes several additional ways of clarifying "nexus" to support state collection of the use tax, including: • Any retailer that has substantial nexus for purposes of the US commerce clause; • The corporate relationship of a parent retailer and subsidiary working together, where in -state services are provided by a subsidiary in California in connection with tangible personal property to be sold by the retailer; and, • Retailers that have agreements with in -state persons to refer potential purchasers to out-of-state retailers via an Internet -based link or Web site. Several effective dates are included in the measure. If Congress fails to take action to adopt a nationwide solution to the use tax collection issue, then this measure takes effect on July 31, 2012. If Congress does pass a law, but California elects not to implement it before September 14, 2012, AB 155 takes effect on January 1, 2013. *AB 563 (Furutani). Information Disclosure. Documentary Transfer Tax. Chapter 320, Statutes of 2011 This measure authorizes employees of a city's finance department access to necessary information from a county assessor to determine whether an unrecorded change of ownership of property qualifies for imposition of a city's documentary transfer tax. Reasonable safeguards are also included to protect against the release of social security numbers and other confidential information. *AB 1307 (Skinner). Board of Equalization. Tax Collection Efforts. Chapter 734, Statutes of 2011 This measure enhances the methods for the state Board of Equalization (BOE) to collect tax revenue by authorizing the Contractors State License Board to refuse to issue a license to an applicant with outstanding financial liabilities owed BOE, authorizing BOE to refuse to issue a seller's permit to an applicant with outstanding financial liabilities, and authorizing the Employment Development Department to share employer and employee information with BOE for the purpose of tax or fee enforcement. League of California Cities 2011 Legislative Report Revenue and Taxation 61 *AB 1424 (Perea). Collection of Delinquent Tax Debt. Chapter 455, Statutes of 2011 This measure significantly tightens and coordinates the state's efforts to collect revenue from major delinquent tax debtors. Specifically, the measure: • Expands the existing list of major delinquent tax debtors of the Franchise Tax Board (FTB) and Board of Equalization (BOE) from 250 to 500; • Requires FTB to update and distribute its list to all state agencies at least biannually (BOE list is already produced quarterly); • Requires the DMV to suspend the driver's license of those listed on the BOE or FTB "certified" lists and authorizes the California State Bar and Alcohol Beverage Control Board to also suspend or otherwise deny licenses; • Prohibits all other state agencies from issuing or otherwise renewing a license, other than a temporary 90-day license, for a licensee whose name appears on the certified lists; • Prohibits all state agencies from entering into contracts after July 1, 2012, with individuals and firms on the lists; • Authorizes BOE and FTB to enter into agreements to collect delinquent sales and use tax due to other states or the Internal Revenue Service; • Requires the State Controller, upon execution of a reciprocal agreement between the FTB or BOE and any other state imposing a sales and use tax, an income tax or a tax measured by income, to offset any tax due that other state from a person or entity against any sales tax, corporation tax or personal income tax owed to that person or entity. Payments for offsets to other states shall be made only after amounts owed to California and the federal governments have been satisfied; and, • Requires all state licensing agencies to collect the social security number or federal taxpayer identification number from all applicants for the purpose of matching names on the certified lists. B. Sales/Transaction and Use Taxes AB 289 (Cedillo). Sales and Use Tax Exemption. Charitable Thrift Stores. Chapter 289, Statutes of 2011 This measure extends the existing sales tax exemption for sales from charitable thrift stores from January 1, 2012, to January 1, 2019. *AB 686 (Huffman). Transaction and Use Taxes. Increases. Chapter 176, Statutes of 2011 This measure provides additional flexibility for proposed increases in a local transactions and use tax by authorizing a new permitted rate of 0.125 percent, or a multiple thereof. Previously, the smallest rate increase permitted was 0.25 percent. League of California Cities 2011 Legislative Report 62 Revenue and Taxation SB 771 (Kehoe). Sales Tax Exempting Eligibility. Landfill and Digester Gas Turbines. Chapter 598, Statutes of 2011 This measure provides that landfill and digester gas turbines, engines, and microturbines may be considered renewable energy eligible for sales tax exemptions and other financial assistance under the California Alternative Energy and Advanced Transportation Financing Act. SB 805 (Veterans Affairs Committee). Sales. Itinerant Veteran Vendors. Chapter 246, Statutes of 2011 This measure extends the sunset date, from January 1, 2012, to January 1, 2022, for the existing exception from the Board of Equalization's definition of "seller" for qualified itinerant veteran vendors who sells tangible personal property for $100 or less. C. Property Taxes AB 188 (Block). Property Tax Exemption. Veteran's Surviving Spouse. Chapter 202, Statutes of 2011 This measure states that property owned by an unmarried surviving spouse of a deceased disabled veteran continues to qualify for the veteran's property tax exemption when the unmarried surviving spouse is hospitalized or otherwise unable to occupy the property. It defines when a property initially becomes eligible for the disabled veteran's exemption. Also, the measure provides that an unmarried surviving spouse of a disabled veteran no longer qualifies for the veteran's property tax exemption when he/she remarries. AB 261 (Dickinson). Property Tax. Tax -Defaulted Property. Chapter 288, Statutes of 2011 This measure establishes several limitations on challenging the sale of a tax deed on tax defaulted property completed on or after January 1, 2013: • The person must first petition the board of supervisors to rescind the sale of the property, pursuant to the process detailed in existing statute, within one year; and, • The proceeding is commenced within one year from the date the board of supervisors determines that the tax deed sold should not be rescinded. AB 468 (Smyth). Property Tax. City of Simi Valley. Chapter 319, Statutes of 2011 This measure, beginning with FY 2012-13 fiscal year, prohibits a reduction in the tax equity allocation payments to the City of Simi Valley as a result of that city serving as the successor agency of a dissolved maintenance district, and requires Simi Valley to reimburse the county auditor for any administrative costs. League of California Cities 2011 Legislative Report Revenue and Taxation 63 AB 703 (Gordon). Resources and Open Space Lands. Welfare Exemption. Chapter 575, Statutes of 2011 This measure extends the existing authority for the property tax "welfare exemption" to be provided on lands dedicated to the preservation of open space and natural resources from January 1, 2012, to January 1, 2022. AB 711 (Lara). Property Taxes. Owner -Occupied Assessment Disputes. Chapter 220, Statutes of 2011 This measure narrows the definition of "owner -occupied single-family dwelling" that governs the existing presumption that applies in favor of the taxpayer in a dispute with an assessor over the value of an owner -occupied single family dwelling. The revised definition states that the property must be the owner's principal place of residence and qualify for the homeowner's property tax exemption. AB 820 (Gordon). Property Taxes. Certificate of Payment. Chapter 207, Statutes of 2011 This measure repeals the $1 fee that an assessor is required to charge for supplying a certificate of payment for taxes, and instead requires a fee to be charged which covers the actual and reasonable costs of the assessor, tax collector or auditor. *AB 1090 (Blumenfield). Property Tax Deferment. Chapter 369, Statutes of 2011 This measure enacts the County Deferred Property Tax Program for Senior and Disabled Citizens and allows each county to elect to participate in the program. Under the program qualifying homeowners earning less than $35,000 per year may apply to have their property taxes deferred and a lien will be placed against the property that will be recovered upon transfer of the property. Counties, and other local agencies which invest in the fund, are required to earn seven percent interest, or two percent above the amounts paid by the Pooled Money Investment Account, whichever is higher. This measure is designed to not interfere with the flow of property tax dollars to local agencies because the deferred amount will be made up by funds invested by local agencies. *AB 1350 (Lara). Property Taxation. Override Rates. Validation by County Auditor. Chapter 428, Statutes of 2011 This measure requires county auditors to verify that property tax rates increased or extended by a jurisdiction do not exceed the maximum statutory rate. ABx1 15 (Hill). Property Tax Exclusion. Solar Energy. Chapter 3, Statutes of 2011, First Extraordinary Session This measure clarifies the definition of active solar energy system for purposes of the existing property tax exclusion from the definition of "new construction." The measure states that solar systems are often sold via sale -leaseback arrangements, partnership - flip structures and other transactions to purchasers that may be eligible for federal tax credits, and that it is legislative intent that such arrangements qualify for the exclusion. League of California Cities 2011 Legislative Report 64 Revenue and Taxation Other projects listed for inclusion are freestanding structures and parking lot canopies. This measure adds that property tax exclusions granted to solar energy systems shall remain in effect until there is a subsequent change in ownership. SB 507 (DeSaulnier). Property Taxation. Change of Ownership. Chapter 708, Statutes of 2011 This measure increases the penalty for a new owner failing to file a change of ownership statement from $2,500 to $5,000 where the property is eligible for a homeowner's exemption and from $5,000 to $20,000 for property not eligible for the homeowner's exemption. The deadline to file with the assessor or the Board of Equalization is increased from 45 to 90 days. SB 536 (DeSaulnier). City of Oakley. Unitary Tax Allocation. Chapter 710, Statutes of 2011 This measure creates a special property tax allocation formula to distribute the proceeds of a new public utility power plant for the benefit of the City of Oakley. The measure also requires the city to create one housing unit affordable to an extremely low income household for each job created within a specified area. SB 947 (Governance and Finance Committee). Property Tax. Chapter 351, Statutes of 2011 This measure makes numerous minor, technical changes to property tax law. D. Budget Process/Mandates/State Regulations ABx1 16 (Blumenfield). Local Revenue Fund 2011. Changes. Chapter 13, Statutes of 2011, First Extraordinary Session This measure makes numerous changes to the Local Revenue Fund 2011, which was adopted as part of the realignment of various services to counties in the state budget. Of concern to cities was a maintenance of effort funding requirement to receive city COPS (Citizens' Option for Public Safety) funding. This requirement was later repealed by SBx1 4 (Budget Committee, Chapter 14, Statutes of 2011, First Extraordinary Session). *SB 15 (DeSaulnier). State Budget. Additional Information. Chapter 737, Statutes of 2011 This measure revises some of the information the Governor must to submit to the Legislature as part of the state budget process, as follows: • Accelerates the timing for providing supplemental budget trailer bill language and a five-year infrastructure plan from the existing February 1 to January 10, the budget introduction deadline, or as soon thereafter as feasible; and League of California Cities 2011 Legislative Report Revenue and Taxation 65 • Specifies that the following information be included in the original budget proposal and be updated as soon as feasible after both submission of the May Revision and the final budget summary on enactment of the Budget Bill: Estimates for anticipated General Fund resources and expenditures for the budget year and the three following fiscal years; and, A Compare total resources and expenditures to projections from the previous four enacted Budget Acts. SB 112 (Liu). State Mandates. Claiming Instructions. Chapter 144, Statutes of 2011 This measure extends the State Controller's time limit to issue claiming instructions for reimbursable mandates from 60 to 90 days. In addition, the measure provides that if boiler plate language in parameters and guidelines is amended that does not increase or decrease eligible costs, then the eligible filing period is limited to the fiscal year in which the amended parameters and guidelines were adopted. *SB 506 (Simitian). Registered Warrants. Payments For State Bonds. Chapter 306, Statutes of 2011 This measure provides that if a registered warrant is issued for the payment of principal or interest due on a state bond, the beneficial owner of that state bond may offset the principal amount of the registered warrant against an existing tax liability subject to certain requirements and procedures. The Senate Floor analysis for this measure states that the intent of this change is to strengthen private sector interest in purchasing state bonds, not an omen portending a new state budget strategy. *SB 617 (R. Calderon). State Operations and Regulations. Chapter 496, Statutes of 2011 This measure requires each state agency that is subject to the Office of Administrative Law to prepare a comprehensive economic analysis for every major regulation proposed after November 1, 2013, that has an economic impact on California businesses and individuals of more than $50 million. In addition, this measure requires state agencies to increase focus on monitoring the operation of state programs, internal auditing and financial controls. E. State Budget SB 87 (Leno). 2011-12 Budget. Chapter 33, Statutes of 2011 This measure is the main budget bill enacting the FY 2011-12 Budget Act. Related statutory changes are contained in the trailer bills below. League of California Cities 2011 Legislative Report 66 Revenue and Taxation i. Education AB 108 (Budget Committee). Education. Chapter 135, Statutes of 2011 This measure corrects the implementation date of the community college student fee increase of $10 per unit, from fall to winter term, in case the trigger reductions become operative by January 1, 2012. AB 114 (Budget Committee). Education Trailer Bill. Chapter 43, Statutes of 2011 This measure makes various changes to K-12 education, higher education, and child care programs necessary to implement provisions of the FY 2011-12 Proposition 98 trigger cuts, if revenues fall below projections by $2 billion or more. SB 70 (Budget and Fiscal Review Committee). Education Finance. Chapter 7, Statutes of 2011 This measure makes numerous changes to K-12 education and higher education as part of the FY 2011-12 Budget Act including: • No cost of living adjustments for K-12 or community colleges; • Extends flexibility in areas such as K-3 class size reduction, instructional time, purchase of instructional materials, deferred maintenance, sale of surplus property and reserve requirements; • Provides one-time Proposition 98 savings to address a funding shortfall for mental health services for special education students; • Redevelopment Funds - Contingency Language. Requires the state to adjust the Proposition 98 calculation so that the any shift in local property taxes previously received by redevelopment agencies has no effect on the minimum guarantee in FY 2011-12; • Lowers maximum allowable income for subsidized child care from 75 percent to 70 percent of State Median. Deprioritizes care for 11- and 12-year olds. • Reduces reimbursement rate for license -exempt providers. Increases family fee schedule by 10 percent. Allows 15 percent cuts to child care program contracts. • Increases community college fees by $10 per unit. Requires University of California and California State University systems to report on how they will implement their $500 million reductions; sets enrollment requirements. ii. General Government AB 112 (Budget Committee). Budget Act of 2010-11. Unemployment Benefits. Chapter 30, Statutes of 2011 This measure allows the Employment Development Department to use $48 million of federal stimulus funds for administrative costs to implement the Alternative Base Period program that will allow additional unemployed persons to qualify for federal unemployment insurance benefits earlier. League of California Cities 2011 Legislative Report Revenue and Taxation 67 AB 119 (Budget Committee). General Government Budget Trailer Bill. Chapter 31, Statutes of 2011 This measure reorganizes various state administration related programs and makes technical changes to reporting, deadlines for general government programs to implement the FY 2011-12 Budget Act. *AB 121 (Budget Committee). Budget Act of 2011. Trigger Cuts. Chapter 41, Statutes of 2011 This measure authorizes the Director of Finance to make specified cuts if revenue forecasts are short of projections in December 2011. Tier 1 authorizes total cuts up to $601 million as listed below: • Education: $100 million each to University of California and California State University, $30 million to community colleges backfilled with a $10 per unit fee increase; • Health and Human Services: $100 million to Department of Developmental Services; $100 million in service hour cuts to In -Home Supportive Services; • Department of Corrections and Rehabilitation (CDCR): $20 million cut ($72 million in increased county charges for youthful offenders sent to CDCR); and, • $16 million to State Library, eliminating all state funding to libraries. Further Tier II cuts to education, if needed, are authorized up to a total of $1.9 billion: • $1.5 billion from reducing the 2011-12 school year by up to seven days; • $248 million from eliminating home -to -school transportation; and, • $72 million in additional cuts to community colleges. AB 122 (Blumenfield). Budget Acts of 2009 and 2010. Augmentation. Chapter 42, Statutes of 2011 This measure appropriates $1.2 billion General Fund to the Departments of Corrections and Rehabilitation ($1.15 billion), Mental Health ($50 million), Forestry and Fire Protection ($12.6 million), Finance ($145,000), and to the Counties of Mariposa, Modoc, and Shasta ($1.1 million) to address budget shortfalls and pay county claims. ABx1 28 (Blumenfield). Online Sales Tax. Chapter 7, Statutes of 2011, First Extraordinary Session This measure expands the definition of "retailer engaged in business" in California to require out of state retailers to collect sales and use tax if they have specified levels of sales in the state. This measure was later made moot by the passage and chaptering of AB 155 (C. Calderon, Chapter 313, Statutes of 2011). ABx1 29 (Blumenfield). State Responsibility Areas. Fire Prevention Fee. Chapter 8, Statutes of 2011, First Extraordinary Session Imposes an annual $150 per structure fire prevention fee on owners of structures in State Responsibility Areas (SRA) for the State Board of Forestry and Department of Forestry and Fire Protection to use for on -going fire prevention needs within the SRAs. League of California Cities 2011 Legislative Report 68 Revenue and Taxation SB 79 (Budget and Fiscal Review Committee). State Funds. Chapter 142, Statutes of 2011 This measure provides the necessary changes relating to state funds and cash -flow borrowing necessary for the FY 2011-12 Budget Act. SB 80 (Budget and Fiscal Review Committee). General Government. Chapter 11, Statutes of 2011 This measure makes changes to various programs including the Williamson Act Open Space Subvention, the California Public Employees' Retirement System Health Benefit Program savings and federal extended unemployment benefits. *SB 82 (Budget and Fiscal Review Committee). State Cash Resources. Chapter 12, Statutes of 2011 This measure makes necessary changes to cash management and deferrals to ensure sufficient cash reserves during FY 2011-12. Of note, it permits deferral of social services and other payments to cities, counties and local governments not to exceed $1 billion. Payments to counties or cities with a population less than 50,000 shall not be deferred. Due to the passage of Proposition 22 (2010), local highway user's tax (HUTA) funds are no longer deferred. SB 84 (Budget and Fiscal Review Committee). Budget Act of 2010. Revisions. Chapter 13, Statutes of 2011 This measure amends the 2010 Budget Act to add $545 million in new budgetary loans and transfers from special funds to the General Fund to backfill for the revenue loss caused by the cancelation of the sale -for -leaseback of state office buildings. SB 86 (Budget and Fiscal Review Committee). Tax Compliance. Chapter 14, Statutes of 2011 This measure makes various changes to increase state tax compliance. Persons who are required to report and remit the use tax on purchases made online or out of state must use a "Look -Up" table. It authorizes an eligible person, for single non -business purchases of items costing $1,000 or less to report either the actual amount of use tax due or the amount shown on a "Look -Up" table. SB 94 (Budget and Fiscal Review Committee). Trailer Bill. Vehicle License Fees. Chapter 21, Statutes of 2011 This measure provides the DMV administrative flexibility in vehicle registration renewal fees as the Vehicle License Fee rate is set for FY 2011-12. League of California Cities 2011 Legislative Report Revenue and Taxation 69 iii. Health and Human Services AB 97 (Budget Committee). Omnibus Health Trailer bill. Chapter 3, Statutes of 2011 This measure changes rates, reimbursements and services provided by Medi-Cal and the Healthy Families Program. AB 99 (Budget Committee). Health and Human Services Fund. Chapter 4, Statutes of 2011 This measure offsets $1 billion in General Fund support for Medi-Cal services for children by requiring a one-time transfer of $50 million of state and $950 million of local children and families commission funds (also known as First 5, funded by existing tobacco taxes) to provide health and human services to children from birth through five years of age. AB 100 (Budget Committee). Mental Health Services Act. Chapter 5, Statutes of 2011 This measure makes changes necessary to enact the FY 2011-12 Budget Act related to the Mental Health Services Act. It reduces state administrative costs and deletes requirement for annual state reviews of county mental health plans. AB 102 (Budget Committee). Health Omnibus. Chapter 29, Statutes of 2011 This measure makes changes necessary to transition mental health managed care, community mental health programs, and the California Medical Assistance Commission to the Department of Health Care Services. AB 104 (Budget Committee). Developmental Services Omnibus. Chapter 37, Statutes of 2011 This measure makes various changes to developmental services programs necessary to implement provisions of the FY 2011-12 Budget Act. AB 106 (Budget Committee). Human Services Omnibus. Chapter 32, Statutes of 2011 This measure makes various changes to CaIWORKs, foster care and in -home support services necessary to implement provisions of the FY 2011-12 Budget Act. AB 113 (Monning). Health. Hospitals. Medi-Cal. Chapter 20, Statutes of 2011 This measure requires the Department of Health Care Services to help non -designated public hospitals draw down the maximum available federal funds for Medi-Cal expenditures. League of California Cities 2011 Legislative Report 70 Revenue and Taxation ABx1 19 (Blumenfield). Medi-Cal Reimbursement. Long Term Care. Chapter 4, Statutes of 2011, First Extraordinary Session This measure makes various changes to Medi-Cal reimbursement for skilled nursing facilities to implement the FY 2011-12 Budget Act. SB 72 (Budget and Fiscal Review Committee). Human Services Trailer Bill. Chapter 8, Statutes of 2011 This measure makes numerous changes to adoptions, child support, CaIWORKS, In - Home Supportive Services (IHSS), and SSI/SSP to implement the FY 2011-12 Budget Act. Changes to CaIWORKS include: shortening time for adults to receive aid from five to four years, reducing grants by 8 percent, cutting $427 million for child care, employment services and county administration. The measure reduces SSP payments to federal minimum, requires health care professional to certify need for IHSS services. It also grants counties flexibility to redirect between specified funding for employment assistance, substance abuse treatment, or mental health services, reduces amount of earned income "disregarded" for calculating aid, delays by one year full implementation of various other programs. SB 73 (Budget and Fiscal Review Committee). Health and Human Services. Chapter 34, Statutes of 2011 This measure makes statutory changes to cut $15 million in specified Medi-Cal programs, cuts In -Home Supportive Services by 20 percent across-the-board ($100 million), and makes $100 million in overall cuts to the Developmental Services system if trigger cuts are implemented. SB 74 (Budget and Fiscal Review Committee). Developmental Services. Chapter 9, Statutes of 2011 This measure makes necessary changes to developmental services programs to enact the FY 2011-12 Budget Act. It requires the Department of Developmental Services to develop and submit to the Legislature proposed best practices for the administration of regional centers and the purchase of services for consumers. It also caps administrative costs at 15 percent and increases accountability and transparency. SB 90 (Steinberg). Health. Hospitals. Medi-Cal. Chapter 19, Statutes of 2011 This measure resolves a number of pending lawsuits by repealing various Medi-Cal hospital rate reductions and rate freezes enacted by health budget trailer bills in 2008, 2010 and 2011. SB 91 (Budget and Fiscal Review Committee). Adult Day Health Care Centers. Chapter 119, Statutes of 2011 This measure cleans up the March omnibus health trailer bill (AB 97, Budget Committee, Chapter 3, Statutes of 2011). It removes the prohibition against issuing or renewing a license for an adult day health care (ADHC) center that is not approved as a Medi-Cal provider of adult day health care services. The measure also permits ADHCs League of California Cities 2011 Legislative Report Revenue and Taxation 71 to operate adult day programs, for individuals who do not require on -site medical care, without obtaining an additional social services license. SEA 93 (Budget and Fiscal Review Committee). Health and Human Services. Chapter 143, Statutes of 2011 This measure makes technical changes to correctly identify the control section language that will result in reductions in In -Home Supportive Services under the trigger cuts. iv. Natural Resources AB 95 (Budget Committee). Resources Trailer Bill. Budget Act of 2011. Chapter 2, Statutes of 2011 This measure makes various changes to implement the FY 2011-12 Budget Act including: eliminates state support for county fairs; provides criteria for state park closures; authorizes state and regional water quality control boards to include regulatory and programmatic costs for the development of water quality control plans (basin plans) as recoverable costs; and requires the Governor to submit various fiscal and program reviews for all state programs that implement water and ecosystem restoration activities in the Delta, including those related to the CALFED Bay -Delta Program. AB 107 (Budget Committee). Natural Resources. Chapter 134, Statutes of 2011 This measure implements necessary changes to enact the FY 2011-12 Budget Act including budget reductions to the Department of Food and Agriculture. AB 120 (Budget Committee). Budget Trailer Bill. Public Resources. Chapter 133, Statutes of 2011 This measure makes changes to various Resource Agency programs to implement the FY 2011-12 Budget Act including authorizing the State Water Resources Control Board to deposit and use for administrative costs all fees and interest collected for the Wastewater Operator Certification Fund. v. Public Safety *AB 109 (Budget Committee). Public Safety Realignment. Chapter 15, Statutes of 2011 This measure is the main corrections realignment bill, making statutory and technical changes to implement the realignment of certain low level offenders, adult parolees, and juvenile offenders from state to local jurisdiction. Please see AB 117 (Budget Committee, Chapter 39, Statutes of 2011) for additional changes to corrections realignment program. • Expands the authority of local correctional administrators to use alternative custody methods and establishes day for day credit for offenders serving time in a jail facility. League of California Cities 2011 Legislative Report 72 Revenue and Taxation • Makes various changes to the Post -Release Supervision statutes, specifying the population to be released onto post -release supervision (non-violent/serious, no third strike conviction, no high risk sex offenders) and requires: ➢ The Local Corrections Community Partnership to create an implementation plan for post release supervision and establishes an executive committee within the partnership to make recommendations to county board of supervisors; ➢ The county board of supervisors to designate a county agency to be responsible for post -release supervision; • The California Department of Corrections and Rehabilitation (CDCR) to notify counties on who is being released into post release supervision; • Offenders to enter into a post -release community supervision agreement, which includes terms and conditions; ➢ The court to establish a process to determine violations of conditions of post -release supervision and revocations; and, ➢ Sets parameters for one time offenders to be on post -release supervision and provides authority for release. • Makes various changes to State Parole statutes and specifies: ➢ Who remains on state parole (violent/serious conviction, third strike conviction, high risk sex offenders); i That only lifers can be returned to state prison for a parole violation (other parole violators may only serve up to 180 days in jail facilities); ➢ CDCR's jurisdiction over all offenders currently on parole; and, • Adds the courts as the authority for determining revocations. • Makes various changes to Low Level Offender statutes: • Redefines the punishment options for a felony to include imprisonment in a county jail for more than a year; ➢ Changes all enumerated penalty code sections to include the phrase "pursuant to subdivision (h) of Penal Code (PC) Section 1170;" ➢ Amends PC Section 1170 to include (h), which provides 16 months, two, or three years if the punishment is specified to be served in county jail unless the person has a prior violent, serious, or sex offense (in which case they serve time in state prison); and, ➢ Provides that counties can contract with the state to house felony offenders. • Stops state intake and allows local agencies to contract with CDCR for housing juvenile offenders. (Note: This was later changed in the provisions of AB 117 to state thatcounties seeking to contact with CDCR for DJJ services must transmit all juvenile inmates to CDCR supervision). League of California Cities 2011 Legislative Report Revenue and Taxation 73 AB 110 (Blumenfield). Courts. Chapter 193, Statutes of 2011 This measure provides for reporting and fee measures to mitigate the $350 million reduction to the Judicial Branch in the FY 2011-12 Budget Act. AB 111 (Budget Committee). Criminal Justice Realignment Trailer Bill. Chapter 16, Statutes of 2011 This measure makes statutory changes necessary to support realignment for low level offenders. It accelerates availability of jail construction funding to expand capacity. The measure also deletes requirements that the state give funding preference to those counties seeking jail funding that assist the state in siting specified facilities and instead requires that preference be given to counties with the largest percentage of inmates in state prison in 2010. AB 116 (Budget Committee). Public Safety Realignment. Chapter 136, Statutes of 2011 This measure makes conforming changes to public safety and realignment budget trailer bill. It restores the California Council on Criminal Justice and delays until July 1, 2012, its elimination and transfer of its duties to the Board of State and Community Corrections. The measure makes other specified provisions amended by SB 92 (Budget and Fiscal Review Committee, Chapter 36, Statutes of 2011) related to the Gang Violence Suppression Program within the Board of State and Community Corrections operative on July 1, 2012. It also makes conforming changes to exclude the Division of Juvenile Justice from the public safety realignment and clarifies jurisdiction of Board of Parole Hearings. *AB 117 (Budget Committee). Public Safety Realignment. AB 109 Clean Up. Chapter 39, Statutes of 2011 This measure makes technical changes to provisions of AB 109 (Budget Committee, Chapter 15, Statutes of 2011), the corrections plan realigning certain felons, adult parolees and juvenile offenders from state to local jurisdictions. Among its provisions, the bill: • Delays the implementation of AB 109 provisions until October 1, 2011 (from original date of July 1); • Delays the court's responsibility to assume control of parole revocation process until July 1, 2013; • Clarifies Community Corrections Partnership executive level leadership and community plan approval process; • Provides that specified felonies continue to be punishable by incarceration in state prison; • Specifies aggregate sentencing terms between state prisons and county jail facilities; • Specifies terms for post -community supervision release for parolees with no violation for six months; • Removes the Division of Juvenile Justice from realignment; and, • Revises and specifies the role of the courts in post -release supervision. League of California Cities 2011 Legislative Report 74 Revenue and Taxation *AB 118 (Budget Committee). Public Safety Realignment. Sales Tax Financing and Allocations. Chapter 40, Statutes of 2011 This measure provides the statutory framework, allocation methodology, and, along with SB 89 (Banking and Fiscal Review Committee, Chapter 35, Statutes of 2011), local funding of approximately $5.1 billion to fund public safety responsibilities that shift to counties. The measure dedicates a 1.0625 percent rate of existing state sales and use tax rate for local revenue to pay for locally aligned public safety programs, beginning July 1, 2011. It creates accounts and allocations for county law enforcement, corrections, court operations, mental health, child welfare, rehabilitation, juvenile justice, parole, probation, and community corrections programs The measure defines the following public safety programs as local responsibilities: • Employing and training public safety officials, public defenders, and court security staff; • Managing local jails housing, treatment, and treating youthful offenders, and providing services for and overseeing the supervised release of offenders; • Preventing child abuse, providing services to children who are abused, neglected, or exploited, providing services to vulnerable children and their families and providing adult protective services; • Providing mental health services to children and adults in order to reduce the failure in school, harm to themselves and others, homelessness, and preventable incarceration; and, • Preventing, treating, and providing recovery services for alcohol and drug abuse. The measure also provides funding for front line law enforcement grants (under similar framework as Citizens Option for Public Safety program funding) and booking fee subventions, payable from the Local Law Enforcement Services Account within the Local Revenue Fund 2011. SB 78 (Budget and Fiscal Review Committee). State Administration and Courts. Chapter 10, Statutes of 2011 This measure makes changes to implement the Public Safety portion of the FY 2011-12 Budget Act relating to state administration and courts including: limits peace officer status for employees of the Office of the Inspector General to those whose primary duties include investigating; requires the Judicial Branch to comply with the Public Contract Code on state procurement; and extends $10 court security fee. League of California Cities 2011 Legislative Report Revenue and Taxation 75 *SB 89 (Budget and Fiscal Review Committee). Vehicle License Fees. Chapter 35, Statutes of 2011 This measure increases vehicle registration fees by $12 per vehicle and makes statutory changes to the allocation of motor vehicle license fee revenues to enact public safety realignment. Specifically it: • Increases vehicle registration fees by $12 per vehicle to cover Department of Motor Vehicles (DMV) costs. • Retains $25 million allocation from Motor Vehicle License Fee (MVLF) revenues to pay DMV costs, reducing DMV charges to the MVLF by $300 million; and • Effectively allocates this $300 million together with the general local government portion of the 0.65 percent Vehicle License Fee (VLF) (approximately $180 million) to a new Local Law Enforcement Services Account to be used for state law enforcement grant programs, including Citizens' Option for Public Safety and County Jail Detention Facility (booking fee) subventions. These law enforcement grants were previously funded from a temporary 0.15 percent state VLF rate which expired on June 30, 2011. SB 89 effectively eliminates general purpose MVLF funding to local governments including: 1) approximately $50 million to the County of Orange; 2) special allocations to new city incorporations and annexations to counteract fiscal disincentives resulting from the 2004 VLF -Property Tax swap; and 3) the general MVLF allocation to cities estimated at $3.50 per capita in FY 2011-12. The measure also directs the Department of Finance and DMV to develop a cost allocation model to allocate the costs of the DMV's various activities. This could result in substantial increases in the $25 million DMV charge to the MVLF revenues. SB 92 (Budget and Fiscal Review Committee). Public Safety Budget Trailer Bill. Chapter 36, Statutes of 2011 This measure contains clarifying provisions to implement the FY 2011-12 Budget Act. Of note, SB 92 eliminates the California Emergency Council, the California Council on Criminal Justice and the Governor's Office of Gang and Youth Violence Policy (as of June 30, 2012), realigning roles of responsibilities under the California Emergency Management Agency. It also removes the Corrections Standards Authority from California Department of Corrections and Rehabilitation. The measure creates the Board of State and Community Corrections (BSCC), to assume many of these responsibilities beginning January 1, 2012. BSCC is comprised of state and local criminal justice stakeholders and has membership similar to the executive committee for the local Community Corrections Partnerships with appointments by Governor and confirmation by Senate. It also moves duties formerly under the Corrections Standard Authority for correctional peace officer personnel standards to the Commission on Correctional Peace Officers Standards of Training. BSCC is to monitor local facilities, distribute criminal justice resources, provide leadership, coordination, and research expertise in state and local corrections systems League of California Cities 2011 Legislative Report 76 Revenue and Taxation and align fiscal policy and correctional practices to improve public safety through cost effective, promising and evidence -based strategies. BSCC will act as the supervisory board of the state planning agency pursuant to federal requirements and will review and approve the comprehensive state plan for the improvement of criminal justice and delinquency prevention activities throughout the state. Effective January 1, 2012, the measure eliminates the California Emergency Council and empowers the California Emergency Management Agency to serve as the state disaster council for purposes of the California Disaster and Civil Defense Master Mutual Aid Agreement. SBx1 4 (Budget Committee). Supplemental Law Enforcement Services Account. Chapter 14, Statutes of 2011, First Extraordinary Session This measure amends and removes a provision included in ABx1 16 (Blumenfield, Chapter 13, Statutes of 2011, First Extraordinary Session), that would have created a new maintenance of effort requirement on all frontline municipal police services for cities to receive Citizens' Option for Public Safety (COPS) funding. Absent this clean-up, many cities would have been unable to access their COPS grants. vi. Redevelopment *ABx1 26 (Blumenfield). Trailer Bill. Redevelopment. Chapter 5, Statutes of 2011, First Extraordinary Session This measure eliminates redevelopment agencies (RDAs) and creates a process to wind -down RDA activities. Specifically it: Eliminates current Redevelopment Agencies as of October 1, 2011, and prohibits RDA's from: • Issuing debt; • Making loans, advances or grants; • Executing additional contracts; • Amending existing agreements; • Selling assets; • Acquiring real property; • Transferring or assigning any assets, rights, or powers to any entity; • Accepting financial assistance from any public or private source that is conditioned on the issuance of debt; • Adopting or amending redevelopment plans or making new findings on blight; • Entering into new partnerships, making new assessments, or increasing staff or compensation; and, • Other actions that will result in ongoing commitments. Requires RDAs to continue to: • Make all scheduled payments for enforceable obligations; League of California Cities 2011 Legislative Report Revenue and Taxation 77 • Perform obligations established pursuant to enforceable obligations; • Set aside required reserves; • Preserve assets; • Cooperate with successor agencies; • Take all measures to avoid triggering a default under an enforceable obligation; • Prepare a preliminary inventory of enforceable obligation payments and provide this to the county auditor -controller within 60 days; and • Convey any unencumbered RDA funds to the county auditor -controller for distribution to the taxing entities in the county. Effective October 1, 2011, the measure establishes successor agencies to the RDAs. In general, the successor agency will be the entity that originally created the RDA, but if no local agency elects to be the successor agency, a local authority will be formed with three members appointed by the Governor. It requires successor agencies to make payments on legally enforceable obligations using property tax revenues when no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. Successor agencies will prepare a semi-annual Recognized Obligation Payment Schedule ("Schedule")" that sets a schedule of obligated payments. The first schedule is due December 15, 2011. The measure requires the Schedule to be certified by an external auditor approved by the county auditor -controller, and approved by the Oversight Board, the State Controller's Office, and the Department of Finance. The Schedule will be established pursuant to the identification of enforceable obligations which will include: • Bonds, including debt service, reserves, or other required payments; • Loans borrowed by the agency for a lawful purpose; • Payments required by the federal government; • Pre-existing obligations to the state; • Obligations imposed by state law; • Legally enforceable payments to RDA employees, including pension obligations; • Judgments and settlements entered into by a court or arbitration, retaining appeal rights; • Legally binding contracts that do not violate the debt limit or public policy; and • Contracts necessary for administration of the RDA, such as for office space, equipment and supplies, to the extent permitted. Enforceable obligations excludes any agreements, contracts, or arrangements between the city, county, or city and county that created the RDA and the former RDA. The measure provides that all RDA assets be conveyed to the successor agencies on October 1, 2011. The successor agencies will dispose of RDA assets as directed by the Oversight Board with the proceeds transferred to the county auditor -controller for distribution to taxing Agencies. Successor agencies will compensate the taxing agencies for the market value of property and assets retained by the successor agencies in an amount proportional to the taxing agencies' share of the property tax. Governmental facilities may be transferred to the appropriate public jurisdiction. League of California Cities 2011 Legislative Report 78 Revenue and Taxation The successor agency may assume responsibility for housing obligations and use the existing low -mod housing set aside funds to do so. Otherwise, the funds are transferred to the local housing authority or to state Department of Housing and Community Development. The measure establishes a seven -member oversight board for each successor agency generally consisting of one member appointed by: the county board of supervisors, the mayor of the city that formed the RDA, the largest special district, the county superintendent of schools, the Chancellor of the California Community Colleges, the county board of supervisors to represent the public, the mayor or the chair of the board of supervisors from the largest representative employee organization of the former RDA. The oversight board must approve the following actions of the successor agency: • Establishment of new repayment terms for outstanding loans; • Issuance of refunding bonds; • Set aside of reserves as required by bond indentures; • Merger of project areas; • Acceptance of federal or state grants requiring matching funds; • Establishment of the Recognized Obligation Payment Schedule; and • A request to hold portions of moneys in the housing fund in order to pay recognized housing obligations. The oversight board directs the successor agencies to: • Dispose of all assets and properties; • Terminate all existing agreements that do not qualify as enforceable obligations; • Transfer housing obligations and low and moderate set -aside funds to the applicable entity; • Terminate agreements between the RDA and any public entity that obligates the RDA to fund debt service or other payments; • Determine whether any contracts between the RDA and private parties should be dissolved or renegotiated; and • Submit repayment schedules for repayment of amounts borrowed from the housing fund. All oversight board actions are subject to review by the Department of Finance. The measure creates the Redevelopment Property Tax Trust Fund and the Redevelopment Obligation Retirement Fund. Property tax revenues associated with each former RDA in each county will be deposited in the Redevelopment Property Tax Trust Fund administered by the county auditor -controller. Estimates of the amounts to be allocated and distributed from this account will be provided to the Department of Finance semi-annually. League of California Cities 2011 Legislative Report Revenue and Taxation 79 The measure requires the county auditor -controller to: • Complete a financial audit of each RDA in the county by March 1, 2012, in order to establish each agency's assets, liabilities, pass -through payment obligations and indebtedness. Audits must be submitted to State Controller by March 15, 2012; • Certify the initial Recognized Obligation Payment Schedule; • Determine the amount of property tax increment that will be allocated to each RDA and to deposit that amount in a Redevelopment Property Tax Trust Fund; • Administer this fund for the benefit of holders of agency debt and the taxing agencies that receive pass -through payments; and • Allocate funds from the Redevelopment Property Tax Fund in the following order: 1. Local agencies, school districts, and community college districts in the amount that would have been received by such agencies as their share of the property tax base and that would have been paid pursuant to statutory and contractual pass -through agreements; 2. To the Redevelopment Obligation Retirement Fund for successor agencies for payments listed in the Recognized Obligation Payment Schedule and administration; and 3. To local agencies, school districts and community college districts in the proportional shares of what would have been received absent redevelopment and adjusted for pass -through agreements. Beginning in FY 2012-13, the additional property tax received by school districts, county offices of education, charter schools and community college districts, will be considered in addition to the Proposition 98 minimum funding guarantee. The measure specifies that if a community elects to participate in the Alternative Voluntary Redevelopment Program, as created in ABx1 27 (Blumenfield, Chapter 6, Statutes of 2011, First Extraordinary Session), and later falls out of compliance with that voluntary program, then the provisions of this bill apply with conforming changes to implementation dates. *ABx1 27 (Blumenfield). Redevelopment. Alternative Voluntary Program. Chapter 6, Statutes of 2011, First Extraordinary Session This measure establishes an Alternative Voluntary Redevelopment Program authorizing a redevelopment agency (RDA) to continue to exist if the city or county transfers a portion of tax increment to finance payments to schools, fire protection agencies and transit agencies. Sets out requirements and calculates payments for cities or counties that "opt in." Cities and counties must decide whether to "opt in" by October 1, 2011. A community that participates provides a community remittance equal to its proportional share of $1.7 billion to schools for FY 2011-12. Calculation is based on the combined average of: • A RDA's proportional share of net tax increment after debt and pass-throughs; and League of California Cities 2011 Legislative Report 80 Revenue and Taxation • A RDA's proportional share of gross tax increment after pass-throughs, each as reported by the 2008-09 Controller's Report. A community that believes the data used in the calculation is outdated may appeal to the Director of Finance. For FY 2011-12 only, RDA's are exempt from making the full allocation to the Low and Moderate Housing Fund; however, an RDA must make a finding it cannot meet its obligations unless the allocation is reduced. The calculation for remittances in FY 2012-13 and thereafter is based on the sum of two amounts: • For FY 2012-13, an amount equal to the same percentage share of $400 million that the payment in FY 2011-12 was of $1.7 billion. After FY 2012-13, an amount equal to the prior year's payment adjusted by the percentage change in the total amount of property tax increment revenue excluding new debt service added after November 1, 2011; plus, • For FY 2012-13 and thereafter, 80 percent of the school share of property tax increment of new debt service added after November 1, 2011, and for any new project areas or expansions, excluding debt service related to low and moderate income housing. The 80 percent of the school share reflects that the 20 percent low and moderate housing set -aside is restored in FY 2012-13 and thereafter. The measure includes provisions that future legislation will be adopted allowing communities to reduce their payments below this 80 percent school share for new debt, if certain reforms or statewide goals for projects are adopted. Projects may include transportation, housing, economic development, job creation, and environmental protection. If a community falls out of compliance with the voluntary program, the requirements of elimination in ABx1 26 (Blumenfield, Chapter 5, Statutes of 2011, First Extraordinary Session) are reestablished and the RDA is prohibited from issuing new debt or engaging in other activities. vii. Transportation AB 105 (Budget Committee). Transportation Budget Trailer. Chapter 6, Statutes of 2011 This measure makes various changes to transportation -related budget items in the 2010-11 Budget Act and makes adjustments to conform to the requirements of Propositions 22 and 26 passed in November 2010. Its provisions 1) maintain annual ongoing funding for local transit operations at approximately $350 million; 2) provide a one-year extension to expend Prop 1 B funds for any year in which HUTA funds for local transportation projects are borrowed, deferred, or shifted; 3) clarify that local governments are not subject to the same Proposition 42 maintenance -of -effort League of California Cities 2011 Legislative Report Revenue and Taxation 81 requirements when they are apportioned fuel excise tax revenues; and, 4) reenacts the fuel tax swap and extends the expenditure period from three to four years for Proposition 1 B funds for regional public waterborne transit agencies. AB 115 (Budget Committee). Transportation Omnibus. Chapter 38, Statutes of 2011 This measure makes changes to transportation -related programs necessary to implement provisions of the FY 2011-12 Budget Act, including extending the deadlines for repayment of outstanding loans from transportation special -fund loans to the General Fund from June 30, 2015, to 2021. F. Miscellaneous AB 187 (Lara). State Auditor. High -Risk Local Government Agency Audit Program. Chapter 451, Statutes of 2011 This measure authorizes the State Auditor to establish a high risk local government agency audit program to identify local agencies including cities, counties, and special districts that are at high risk for the potential of waste, fraud, abuse, or mismanagement or that has major challenges associated with its economy, efficiency, or effectiveness. The State Auditor is required to seek the approval of the Joint Legislative Audit Committee (JLAC) prior to performing an audit of a local government agency. By requiring the State Auditor to seek approval from JLAC, local government agencies have an opportunity to respond to the request for audit in a publicly noticed hearing before the JLAC. AB 564 (Smyth). Income Taxes. Voluntary Contributions. Municipal Shelter Spay - Neuter Fund. Chapter 549, Statutes of 2011 This measure allows individual taxpayers to contribute amounts in excess of their tax liability for the support of municipal shelter spay -neuter funds only if another existing voluntary contribution designation is removed from the state tax return form. AB 597 (Eng). Financial Literacy Fund. Chapter 612, Statutes of 2011 This measure creates the California Financial Literacy Fund for the purpose of enabling partnerships between the financial services community and governmental and non- governmental stakeholders to improve Californian's financial literacy. AB 1102 (Lara). State Auditor. Chapter 328, Statutes of 2011 This measure revises provisions governing the scope and conduct of audits and surveys conducted by the State Auditor of state agencies. It also clarifies that providing confidential information to the State Auditor, including information that is subject to a privilege, does not constitute a violation of that privilege. League of California Cities 2011 Legislative Report 82 Revenue and Taxation AB 1352 (Logue). County of Nevada. VLF Fees. Chapter 735, Statutes of 2011 This measure crafts a definition of "designated vehicle license fees" as being those that are required to be deposited into the Local Law Enforcement Services Account in the Local Revenue Account 2011. Specifically excluded from this definition are vehicle license fees that meet the definition of subdivision (a) of Section 15 of Article XI of the California Constitution. This definition was requested at the request of Nevada County seeking to avoid a possible interpretation of a local voter -approved ordinance that requires a percentage of vehicle license fee revenue received by the county to be spent for road improvement purposes. *SB 193 (Governance and Finance Committee). Validation Act. Chapter 303, Statutes of 2011 This measure is the only validation act passed in the 2011 session. Validation acts address various procedural and technical errors and omissions relating to governmental boundary and organizational changes and in doing so, assist local government and the financial markets by enhancing confidence in governmental securities, bonds, and other financial mechanisms. Typically there are three validation acts passed each year. In 2011, however, the issue became politicized when amendments were inserted into the three validation acts that removed protections for actions of redevelopment agencies. As a result, two of the validation acts with urgency clauses requiring a two-thirds vote failed passage. This measure, approved with a majority vote, takes effect January 1, 2012. League of California Cities 2011 Legislative Report Transportation, Communications & Public Works 83 IX. Transportation, Communications, and Public Works A. Contracting AB 436 (Solorio). Public Works. Labor Compliance. Chapter 378, Statutes of 2011 This measure authorizes the Department of Industrial Relations (DIR) to move forward with the implementation of regulations authorized by SBx2 9 (Padilla, Chapter 7, Statutes of 2009, Second Extraordinary Session). SBx2 9 authorized DIR to determine and assess a fee, to perform labor compliance functions, on agencies using funds derived from any bond issued by the state to fund public works projects. Subsequent to the adoption of these new regulations, legal issues arose as articulated by the bond counsel of the state Public Works Board over whether the funding mechanism for this new monitoring program would inhibit the sale of bonds. Due to these legal questions, this measure is designed to resolve the funding mechanism problem so that DIR can move forward with labor compliance monitoring as provided for with SBx2 9. AB 514 (R. Hernandez). Public Works. Prevailing Wage. Hauling Refuse. Chapter 676, Statutes of 2011 This measure clarifies the definition of public works as it relates to hauling of refuse for the purpose of determining prevailing wage requirements. The hauling of refuse includes, but is not limited to, hauling soil, sand, gravel, rocks, concrete, asphalt, excavation materials, and construction debris. It does not include the hauling of recyclable metals such as copper, steel, and aluminum that are separated from other materials and sold at fair market value. AB 551 (Campos). Public Contracts. Prevailing Wage Requirements. Violations. Chapter 677, Statutes of 2011 This measure makes a variety of changes to current law relating to violations of prevailing wage laws. It increases the penalties on contractors and subcontractors who fail to pay prevailing wage on public works. The measure also makes a contractor ineligible to bid on or receive a public works contract if they have willfully violated specific provisions of prevailing wage law two times in a three-year period. *AB 943 (Williams). Public Contracts. California Uniform Construction Cost Accounting Commission. Local Contracts. Alternative Procedures. Chapter 110, Statutes of 2011 This measure increases the limit for eligible projects from $125,000 to $175,000. If all bids received are in excess of $175,000, the public agency can award a contract up to $187,500 provided the governing body adopts a resolution by a four -fifths vote. It also extends the term of the chairperson from one to two years. League of California Cities 2011 Legislative Report 84 Transportation, Communications & Public Works AB 1097 (Skinner). Transit Projects. Domestic Content. Chapter 405, Statutes of 2011 This measure allows a state or local agency receiving federal funding for a transit project to provide a bidding preference to a bidder if the bidder exceeds federal Buy America requirements. Federal regulations require that such a preference be provided for by state law. *SB 136 (Yee). Public Contracts. Prevailing Wages. Chapter 698, Statutes of 2011 This measure triggers prevailing wage requirements for all work performed on public property in connection with energy service contracts, including energy audits and analyses. *SB 293 (Padilla). Payment Bonds. Laborers. Chapter 700, Statutes of 2011 This measure caps retention proceeds on public works projects at five percent, unless the governing body declares that the project is substantially complex and requires a higher retention rate. It also contains provisions relating to payments to subcontractors. SB 474 (Evans). Commercial Construction Contracts. Indemnity. Chapter 707, Statutes of 2011 This measure clarifies that a public agency cannot shift liability for its active negligence to a contractor, subcontractor, or material supplier. It also extends similar provisions to private owners. *SB 922 (Steinberg). Public Contracts. Public Entities. Project Labor Agreements. Chapter 431, Statutes of 2011 This measure sets standards for the use of project labor agreements (PLA) during public works projects and prohibits public agencies from having a provision, initiative, or ordinance that bans the consideration of a PLA. In addition, beginning January 1, 2015, SB 922 will withhold state funding for projects in charter cities that have such a ban as of November 1, 2011, on PLAs that comply with the new standards. B. Local Authority *AB 529 (Gatto). Vehicles. Speed Limits. Downward Speed Zoning. Chapter 528, Statutes of 2011 This measure allows cities to round down speed limits to within five miles per hour of the 85th-percentile speed of free -flowing traffic in cases that the speed limit would otherwise be rounded up. *AB 1298 (Blumenfield). Vehicles. Parking. Mobile Billboard Advertising Displays. Chapter 538, Statutes of 2011 This measure revises the definition of mobile billboard advertising display and allows cities to regulate advertising signs on vehicles parked on a public street. League of California Cities 2011 Legislative Report Transportation, Communications & Public Works 85 C. Vehicles AB 475 (Butler). Vehicles. Offstreet Parking. Electric Vehicles. Chapter 274, Statutes of 2011 This measure expands the definition of "electric vehicle" to include plug-in hybrid electric vehicles for purposes of parking in designated zero emission vehicle (ZEV) parking stalls. It also requires that a vehicle be in the process of charging in order to use a ZEV-designated parking stall. This measure also eliminates the Department of Motor Vehicles ZEV decals program. AB 631 (Ma). Public Utilities. Electric Vehicle Charging Stations. Chapter 480, Statutes of 2011 This measure exempts from the definition of a public utility a facility that supplies electricity to the public only for use to charge light duty plug-in electric vehicles. This measure is intended to codify a recent decision by the state Public Utilities Commission to not regulate electric vehicle charging stations as utilities. AB 1215 (Blumenfield). Vehicles. Electronic Processing. Titling and Registration. Chapter 329, Statutes of 2011 This measure requires new motor vehicle dealerships to register vehicles sold or leased using an electronic registration system, which will significantly decrease the amount of time it takes for a new owner to received license plates. AB 1314 (Wieckowski). Alternative and Renewable Fuel and Vehicle Technology Program. Chapter 487, Statutes of 2011 This measure purports to make the California Energy Commission's Alternative and Renewable Fuel and Vehicle Technology Program more efficient. Efficiency provisions include allowing a proposed recipient to count its preapproval start-up costs toward the nonstate matching funds, allowing public entities and nonprofits administer block grant funds, and allowing for quicker approval of small grants and amendments. SB 341 (A. Lowenthal). Vehicles. Construction Vehicles. Backup Alarms. Chapter 235, Statutes of 2011 This measure requires that construction vehicles that transport construction or industrial material to and from a mine or construction site have a backup alarm that is audible for at least 200 feet. SB 456 (Huff). Household Hazardous Waste. Transportation. Chapter 602, Statutes of 2011 This measure allows household hazardous waste gathered through a door-to-door collection program to be transported using a consolidated manifest and to be taken to a collection facility or hazardous waste facility. These provisions sunset on January 1, 2020. This measure also includes exempt transfer facilities operated by a door-to-door League of California Cities 2011 Legislative Report 86 Transportation, Communications & Public Works household hazardous waste collection program in the Secretary for Environmental Protection's unified hazardous waste and hazardous materials management regulatory program until December 31, 2019. SB 565 (DeSaulnier). Transportation. Chapter 341, Statutes of 2011 This measure contains multiple non -controversial, technical changes to transportation - related provisions of law including: • Clarifies that a local authority may enforce restrictions against the fraudulent use of disabled parking placards in any and all parking spaces; • Requires that all public transit buses have a speedometer that is maintained in good working order; and, • Extends the current efficiency criteria exemption for state transit assistance operator eligibility until FY 2014-15. SB 859 (Padilla). Vehicles. Records. Confidentiality. Chapter 346, Statutes of 2011 This measure provides an exemption from DMV confidentiality requirements for an electrical company or local publicly owned electric utility if the information will be used for the purposes of identifying where an electric vehicle is registered. D. Gas Pipelines *AB 56 (Hill). Gas Corporations. Rate Recovery and Expenditure. Intrastate Pipeline Safety. Chapter 519, Statutes of 2011 This measure implements numerous safety -related measures regarding the operation of natural gas pipeline facilities regulated by the California Public Utilities Commission. Provisions of direct impact to cities include requiring owners/operators of intrastate transmission and distribution lines to meet with local fire department officials at least once a year to review emergency plans. *SB 44 (Corbett). Public Utilities. Gas Pipeline Emergency Response Standards. Chapter 520, Statutes of 2011 This measure contains numerous requirements relative to the compatible and coordinated efforts between gas pipeline utility operators and local agencies, specifically first responders. These involve emergency shutdown and pressure reduction procedures; the role of the incident commander relative to coordination between first responders and the specified gas line owners or operators; and ensuring the specified gas line owners or operators establish and maintain liaison with appropriate fire, police, and other public officials. League of California Cities 2011 Legislative Report Transportation, Communications & Public Works 87 *SB 216 (Yee). Public Utilities. Intrastate Natural Gas Pipeline Safety. Chapter 521, Statutes of 2011 This measure allows the California Public Utilities Commission to require the installation of automatic shutoff or remote controlled sectionalized block valves on certain intrastate transmission lines that are located in a high consequence area or that traverse an active seismic earthquake fault. *SB 705 (Leno). Natural Gas. Service and Safety. Chapter 522, Statutes of 2011 This measure requires each gas utility company to develop a plan for the safe and reliable operation of gas pipeline facilities regulated by the California Public Utilities Commission (PUC). All plans must be reviewed and accepted, modified or rejected by the PUC by December 31, 2012. E. Communications AB 1027 (Buchanan). Publicly Owned Utilities. Utility Poles & Support Structures. Chapter 580, Statutes of 2011 This measure requires local public owned utilities (POU) to provide space on their utility poles for use by communication service providers and sets the rates that a POU can charge for use of the utility pole. AB 1074 (Fuentes). Personal Liability Immunity. Telecommunications Service Providers. Chapter 297, Statutes of 2011 This measure provides that retail and wholesale service providers involved in providing 9-1-1 services are not liable for any civil claim, damage, or loss caused by a problem with the provision of 9-1-1 services, unless the problem was caused by gross negligence, wanton or willful misconduct, or intentional misconduct. SCR 6 (A. Lowenthal). Affordable Housing. In -Home Internet Service. Chapter 72, Resolutions of 2011 This measure encourages affordable housing lenders who administer competitive multifamily housing programs to follow the Tax Credit Allocation Committee's policy on high-speed Internet access by providing competitive points for developments that provide high-speed Internet service to each unit for a minimum of 10 years, free of charge to tenants. F. Financing AB 54 (Solorio). Drinking Water. Chapter 512, Statutes of 2011 This measure places new requirements on mutual water companies and authorizes the operator of a public water system to enter into a letter of no prejudice with the League of California Cities 2011 Legislative Report 88 Transportation, Communications & Public Works Department of Public Health for reimbursement of eligible project expenditures on safe drinking water projects when looking to make improvements on public water systems. *AB 105 (Budget Committee). Transportation Budget Trailer. Chapter 6, Statutes of 2011 This measure makes various changes to transportation -related budget items in the 2010-11 Budget Act and makes adjustments to conform to the requirements of Propositions 22 and 26 passed in November 2010. Its provisions 1) maintain annual ongoing funding for local transit operations at approximately $350 million; 2) provide a one-year extension to expend Prop 1 B funds for any year in which HUTA funds for local transportation projects are borrowed, deferred, or shifted; 3) clarify that local governments are not subject to the same Proposition 42 maintenance -of -effort requirements when they are apportioned fuel excise tax revenues; and, 4) reenacts the fuel tax swap and extends theexpenditure period from three to four years for Proposition 1 B funds for regional public waterborne transit agencies. AB 115 (Budget Committee). Transportation Omnibus. Chapter 38, Statutes of 2011 This measure makes changes to transportation -related programs necessary to implement provisions of the FY 2011-12 Budget Act, including extending the deadlines for repayment of outstanding loans from transportation special -fund loans to the General Fund from June 30, 2015, to 2021. AB 147 (Dickinson). Subdivisions. Fees. Transportation Facilities. Chapter 228, Statutes of 2011 This measure authorizes cities and counties to charge fees subject to the Mitigation Fee Act as a condition of approval of a final map or as a condition of issuing a building permit for constructing transportation facilities including, but not limited to, pedestrian, bicycle, transit, and traffic -calming facilities. AB 184 (Swanson). Contractual Assessment Programs. Chapter 28, Statutes of 2011 This measure allows public agencies and individual property owners to enter into voluntary contractual assessments to finance the installation of seismic strengthening improvements. AB 427 (J. Perez). Transportation Bond Funds. Transit System Safety. Chapter 527, Statutes of 2011 This measure modifies provisions related to Proposition 1B (2006) to allow regional transit agencies and the California Emergency Management Agency to re -direct bond funds to projects that are ready to bid for purposes of transit system safety, security, and disaster response. League of California Cities 2011 Legislative Report Transportation, Communications & Public Works 89 AB 516 (V.M. Perez). Safe Routes to School. Chapter 277, Statutes of 2011 This measure makes changes to the public participation requirements for Safe Routes to Schools grants and requires that the needs of low-income schools be fully considered. *AB 892 (Carter). Department of Transportation. Environmental Review Process. Federal Pilot Program. Chapter 482, Statutes of 2011 This measure extends the repeal date for the state's existing limited waiver of its sovereign immunity, which allows the California Department of Transportation (Caltrans) to continue its assumption of National Environmental Policy Act (NEPA) responsibilities under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-Lu) and any successor federal transportation reauthorization legislation. AB 1164 (Gordon). Federal Transportation Funds. Chapter 406, Statutes of 2011 This measure allows the Department of Transportation (CalTrans) to loan federal funds to accelerate Proposition 1B projects until September 30, 2015, provided the loan does not impact CalTrans' ability to fund programmed projects. This allows Proposition 1 B to continue even without bond sales and protects the state from losing federal transportation dollars due to missed deadlines. *ABx1 14 (Skinner). Energy. Energy Upgrade Financing. Chapter 9, Statutes of 2011, First Extraordinary Session This measure authorizes the California Alternative Energy and Advanced Transportation Financing Authority to provide financial support to lenders to facilitate projects for energy and water conservation and renewable energy. AJR 4 (Miller). Transportation Infrastructure Finance and Innovation Act. Resolutions Chapter 35, Statutes of 2011 This resolution urges the President and Secretary of the United State Department of Transportation to award a federal Transportation Infrastructure Finance and Innovation Act loan for the construction of State Route 91 Corridor Improvement Project. *AJR 5 (B. Lowenthal). Transportation Revenues. Resolutions Chapter 29, Statutes of 2011 This resolution encourages the President and Congress to study the possibility of collecting revenues for transportation based on vehicle miles traveled. League of California Cities 2011 Legislative Report 90 Transportation, Communications & Public Works G. Environmental Considerations AB 291 (Wieckowski). Underground Storage Tanks. Petroleum Charges. Chapter 569, Statutes of 2011 This measure extends for two years a temporary petroleum storage fee that the owner of an underground storage tank must pay. AB 358 (Smyth). Hazardous Substances. Underground Storage Tanks. Reports. Chapter 571, Statutes of 2011 This measure makes changes to provide for the reporting and review of underground storage tank cleanup. AB 525 (Gordon). Tire Recycling. Architectural Paint Recovery Program. Chapter 573, Statutes of 2011 This measure establishes a program to provide funding to local jurisdictions for the use of rubberized asphalt concrete and tire -derived aggregate for road projects as well as makes technical changes to the state architectural paint recovery program. It sunsets in June 2015. SB 482 (Kehoe). Public Beach Contamination. Standards. Testing. Closing. Chapter 592, Statutes of 2011 This measure transfers primary jurisdiction for beach water quality monitoring and testing programs from the state Department of Public Health to the state Water Resources Control Board and includes a cap on the overall amount of funds that may be used, upon appropriation by the Legislature, as a funding source for the program. SB 607 (Walters). SWRCB. Brackish Groundwater Treatment. Chapter 241, Statutes of 2011 This measure requires, on or before January 1, 2013, the state Water Resources Control Board to either amend the California Ocean Plan or adopt separate standards to address water quality objectives and effluent limitations specifically appropriate to brackish groundwater treatment system facilities that produce municipal water supplies for local use. H. Other *AB 587 (Gordon). Public Works. Volunteers. Chapter 219, Statutes of 2011 This measure extends the sunset date on Labor Code Section 1720.4 from 2012 to 2017. This section allows local governments to use volunteer labor on public works projects. League of California Cities 2011 Legislative Report Transportation, Communications & Public Works 91 AB 938 (V. M. Perez). Public Water Systems. Notice of Noncompiance. Chapter 514, Statutes of 2011 This measure requires the written public notice of noncompliance with drinking water standards given by a public water system to include information in English, Spanish, and other languages spoken by the impacted community. AB 957 (Transportation Committee). Transportation Omnibus Bill. Chapter 536, Statutes of 2011 This measure makes various technical, non -controversial, transportation -related changes to the Utilities Code, Vehicle Code, and Streets and Highways Code. SB 739 (A. Lowenthal). Ports. Congestion Relief. Air Pollution Mitigation Chapter 427, Statutes of 2011 This measure requires the ports of Long Beach, Los Angeles, and Oakland to assess their infrastructure and air quality improvement needs, including estimated costs, for projects that improve the efficiency of the movement of cargo, reduce congestion impacts related to goods movement, and reduce pollution associated with goods movement. League of California Cities 2011 Legislative Report 92 Transportation, Communications & Public Works This page was intentionally left blank. League of California Cities 2011 Legislative Report Appendix A — Additional Resources Appendix A — Additional Resources 93 State Water Resource Control Board Fees State Water Resource Control Board Fees Over the last several years, cities have faced steep increases in fees to protect water quality in California. Much of the increase in statewide fees has come from shifts from the state's General Fund funding programs to fee -based funding. In FY 2011-12, cities will face fee increases as high 44 percent for National Pollutant Discharge Elimination System (NPDES) fees. With cities facing higher fees for storm water, wastewater and landfill permits, it is important to understand how water is regulated in California and how these fees are set. Overview Two federal and state laws — the federal Clean Water Act (CWA) and state Porter - Cologne Water Quality Control Act (Porter -Cologne) provide the basic framework protecting California's water quality by regulating discharges to surface and ground water. Under authority of these acts, the State Water Resource Control Board (State Board) and nine semi -autonomous Regional Water Quality Control Boards (Regional Boards) are responsible for protecting the water quality of 10,000 lakes, 200,000 miles of rivers and 1,100 miles of coastline. The federal CWA seeks to restore and maintain the chemical, physical and biological integrity of the surface waters of the United States. A key provision of this federal law, the NPDES, prohibits discharge of pollutants into waters of the U.S. from a point source without a permit that complies with the CWA. In California, the State Board and Regional Boards issue Waste Discharge Requirements (WDRs) to regulate discharges of waste to surface water and land; those that regulate point source discharges to waters of the United States serve as NPDES permits under the CWA and are issued, monitored and renewed every five years. The more than 50,000 discharge permits are a key enforcement mechanism as the State and Regional Boards regulate more than 100 contaminants. Water Quality Regulation: Who Does What? The State and Regional Boards are part of the California Environmental Protection Agency, charged with assessing, managing, and regulating water quality. The main role of the State Board is to set statewide policy, develop plans and standards, operate statewide monitoring programs and oversee Regional Boards as they use these standards to implement water quality programs. The State Board also administers rights to California's surface water. The nine Regional Boards are defined by watersheds. Their main duty is to issue and enforce Waste Discharge Permits (the WDR's mentioned above); while Regional Boards issue the majority of permits, in some cases the State Board may do so. Regional Boards are largely independent from one another, establishing unique plans League of California Cities 2011 Legislative Report 94 Appendix A — Additional Resources State Water Resource Control Board Fees for protecting water quality within their boundaries'. These basin plans are the key documents prescribing water quality standards for regions and as such are the basis for Regional Boards permitting and enforcement actions. The Legislature intended for basin plans to be updated every three years. However as the Little Hoover Commission reported in 2009 the plans are woefully outdated and Regional Boards rarely have the resources to conduct a full review. Noting the importance of the documents and lamenting the lack of funding, the Commission's report includes this prophetic statement, "Given the state's budget deficit, it seems unlikely that the state will be able to pay for the work needed to update basin plans. Thus, water users and others with a stake in clean water will need to contribute." And beginning this FY 2011-12, those contributions have increased dramatically. Funding and Fees: The "Beneficiary Pays" Policy State law requires the State Board to assess fees to persons discharging waste into state waters. Fees are charged for the NPDES, the WDR, and the Storm Water and Land Disposal programs and deposited in the Waste Discharge Permit Fund (WDPF) to fund various State and Regional Board water quality activities. While the boards have the authority to raise fees to meet program costs, they cannot raise fees above the amount set in the budget every year by the Legislature and Governor. Historically these core programs have been funded through a combination of fees and General Fund revenues. However, as the state budget has been squeezed, the Administration and the Legislature have increasingly sought more non -General Fund revenues to cover core regulatory programs. In its analysis of the FY 2008-09 budget, the Legislative Analyst's Office (LAO) recommended instituting "beneficiary pays" and "polluter pays" policies under which all core program costs would be funded through fees paid by those who directly benefit from or violate the terms of water quality requirements. As the report noted, "We think that shifting funding for the board's core water quality management activities to fees would provide greater funding stability to these activities that are the foundation of much of the board's work." This expansive interpretation of "beneficiary pays" argues that all the State and Regional Boards core water quality management activities should be funded by a broad -based fee on statewide water users because all users, in some way, impact water quality. Specifically LAO recommended that the NPDES program and basin planning be fully fee supported. The Governor and the Legislature finally agreed. In the FY 2011-12 budget, more than $18 million in costs for two programs were shifted from General Fund to fee support, with costs allocated across water quality programs: $6.6 million for basin planning and $11.5 million for the Total Maximum Daily Load program that allocates among users a "share" of pollution that can be discharged to an impaired body of water. Generating revenues from fees to support these programs means that cities will face significantly higher fees in FY 2011-12. League of California Cities 2011 Legislative Report Appendix A — Additional Resources 95 State Water Resource Control Board Fees How are Fees Established? Setting user fees is a lengthy process. The State Board must adjust fees each year to match the revenue levels in the Budget Act; because the State Board cannot act until the Budget is passed, the fee schedule is adopted in the late fall by emergency regulations. Therefore the regulated community does not know what it will have to pay until well into the fiscal year. In FY 2010-11 for example, the fee schedule was adopted on October 19, 2010. The fee setting process for FY 2011-12 was further complicated by past overpayment of storm water program fees. Between 2004 and 2009, these fees generated $22 million over actual expenditures; the surplus was used to offset revenue shortfalls in other programs. For the FY 2011-12 fees schedule, the State Board adopted an average increase of 38 percent for all programs; however it also considered reducing the increases for the storm water program, and requiring even higher fees for all other programs to cover the loss". With these lengthy deliberations, the final fee schedule was not adopted until September. This delay and unpredictability creates numerous problems for municipalities struggling to maintain their own balanced budgets. By the time the new fee schedule is available, the fiscal year is already underway, requiring even higher mid -year rate increases. And with storm water program fees subject to the Proposition 218 requirement for two-thirds voter approval, increasing rates to cover escalating permit fees may not be an option. In addition, many in the regulated community argue that the state's current fee system provides little incentive for the state to control its own costs, or to prioritize its activities, leaving users at the mercy of ever-increasing fees. The League will continue to participate in fee discussions at State Board hearings and as budget negotiations begin for FY 2012-13. League staff will join with all stakeholders to urge the Legislature and the Administration to adopt fee schedules that are fair, predictable, based on sound science and timely. For more information contact Kyra Ross (kross(a�cacities.orq). ' Maps of each region can be found at http://www.waterboards.ca.gov/waterboards_map.shtml. For details on the 2011-12 fee proposals, see: http://www.waterboards.ca.gov/board_info/agendas/2011 /sep/091911 _9res. pdf. League of California Cities 2011 Legislative Report 96 Appendix A — Additional Resources State Water Resource Control Board Fees This page was intentionally left blank. League of California Cities 2011 Legislative Report Appendix A — Additional Resources 97 2011 Public Safety Realignment 2011 Public Safety Realignment Overview In what Gov. Jerry Brown called "a bold move in the right direction"' the 2011 Public Safety Realignment (Realignment) plan became law with the signing AB 109 (Budget Committee, Chapter 15, Statutes of 2011). The plan resulted from less than a year of negotiations and development with pressure to act from the significant state deficit and a pending United States Supreme Court decision on California's state prison population, which later resulted in a court -ordered reduction of approximately 35,000 state inmates to limit overcrowding. While Realignment was signed into law in April 2011, the Governor and Legislature took a "shoot first, ask questions later" approach and determined the details in the months that followed. The Realignment plan is commonly referred to as AB 109 when in fact there were several different bills enacted at different times that provide the framework, implementation, funding, and program adjustments. As a result, some realignment programs began on July 1, 2011, with the new fiscal year, while others were delayed until October 1, 2011. In sum, Realignment shifts some state public safety responsibilities to county agencies with the goals of reducing state costs and improving public safety outcomes. It is funded primarily by a continuous 1.0625 percent allocation of the state sales tax to counties, which will provide $5.1 billion dollars in FY 2011-12 for corrections, law enforcement, and social services programs. A major component of Realignment redirects prospective low-level felony offenders from the California Department of Corrections and Rehabilitation (CDCR) to county custody. In addition, counties have post -release custody of low-level offenders following their county jail and state prison terms. No current state prison inmate will be sent to county jail through Realignment and the state maintains custody of high -risk and violent prisoners. Realignment also expands existing definitions of "public safety" to include health and social services programs. Some of the health and social services programs realigned to counties, such as mental health treatment and drug rehabilitation, are consistent with the goals of realignment. Other programs, however, such as child welfare programs and Medi-Cal screenings for youth stretch the recognized "public safety" definition. It should be noted that two main public safety areas, fire response and juvenile justice, were not included in the final Realignment package. For fire response, the realignment proposal would have shifted fire response duties for parts of state responsibility areas from the California Department of Forestry and Fire Protection to local agencies. This was eliminated when it was determined that true cost -savings fell short of state budget League of California Cities 2011 Legislative Report 98 Appendix A — Additional Resources 2011 Public Safety Realignment projections. Juvenile justice was removed from Realignment because of greater costs for local agencies to assume responsibilities for redundant housing and programs. Funding The Realignment funding structure establishes a primary fund, the 2011 Local Revenue Fund, with several accounts and subaccounts for specific program areas. Each program area has a dedicated allocation that counties cannot use for other programs. For corrections and post -release supervision, county allocations are based on offender population projections. Counties receive $25,000 for each full-time jail inmate and $2,275 per offender on post -release community supervision annually. For FY 2011-12, they also received a one-time planning, implementation and training grant. Funding levels for post -release community supervision to counties is roughly the same as the per offender costs for the state. However, the per inmate allocation to counties for incarceration provides only half of cost that the state would otherwise incur to keep inmates in a state facility. The Department of Finance stated that fewer resources are needed at the county level, relative to state a prison, as jail sentences will be shorter because of the numerous non -incarceration custody options for counties. Also, it is less expensive to house low-level offenders than violent felons in high -security prisons. Stakeholders from county agencies including law enforcement, probation, and district attorneys have all expressed concerns that the FY 2011-12 funding falls short of expected needs. Of greater concern, there are no protections for Realignment funding against reductions or diversion in future budget years. The 1.0625 percent share of the state sales tax for Realignment is continuously but the allocation formulas to counties are not. They will be reassessed in the FY 2012-13 budget cycle to reflect changes in county offender populations. The 2011 Local Revenue Fund also includes a Local Law Enforcement Services Account, which now includes the long-established state law enforcement grants for cities and counties, including Citizens' Option for Public Safety (COPS) programs and booking fee subventions. These grants are not related to program realignment and are not funded through the state sales tax carve -out. Prior to June 30, 2011, state law enforcement grants were funded through the temporary 0.15 percent VLF increase. Now they are funded through two sources: revenues from an additional vehicle registration fee, which was increased by $12 beginning FY 2011-12, and $180 million from vehicle license fee revenue previously dedicated to cities and Orange County as general purpose funds. League of California Cities 2011 Legislative Report Appendix A — Additional Resources 99 2011 Public Safety Realignment 2011 Public Safety Realignment Programs The following summary describes programs under Realignment that represent new or increased responsibilities for local agencies. Social services realignment began on July 1, 2011, and corrections realignment began on October 1, 2011. Social Services Realignment Social services Realignment includes: • Mental Health Managed Care; • Federally required Early and Periodic Screening, Diagnosis and Treatment for Medi-Cal patients under 21 years old; • Drug and alcohol programs, including drug courts and Medi-Cal programs for regular and perinatal services; • Foster care and child welfare services; • Adult protective services; and • CALWORKs welfare -to -work grants. Funding for most social services programs relies on a variety of subaccounts in the 2011 Local Revenue Fund, and transfers from existing county -level accounts. However, Mental Health Managed Care and the federally required screening programs are funded from a one-time appropriation from Proposition 63, the 2004 Mental Health Services Act. There is no identified funding source beyond FY 2011-12 for these two programs other than the current 1.0625 percent share of the state sales tax. Corrections Realignment New eligibility standards for sentencing, post -release community supervision and parole apply to all jurisdictions statewide. Counties are authorized to develop a local Realignment implementation and management plan, or community corrections plan, in accordance with the statewide standards. Community Corrections Partnership Each county has the discretion to implement Realignment to maximize efficiency and public safety in their jurisdiction. A community corrections plan may include a variety of sentencing and supervision strategies, such as jail sentencing, home detention, electronic monitoring, day centers, and social service programs including drug court, mental health court, and treatment programs. Community corrections plans are developed by the Community Corrections Partnerships (CCP) in each county. The CCP is a 14 member body composed of representatives from law enforcement, the courts, social services, and elected county offices. A seven member executive committee leads the work of the CCP. The chief probation officer chairs the executive committee and membership includes the sheriff, district attorney, public defender, presiding judge of the superior court, a representative from the health, substance abuse, or social service departments who is appointed by League of California Cities 2011 Legislative Report 100 Appendix A — Additional Resources 2011 Public Safety Realignment the board of supervisors, and a chief of police. The chief of police is the only position representing city government. The CCP must submit a community corrections plan to the board of supervisors for approval. The board may reject the plan with fourth -fifths vote from the board, which would return the plan to the CCP for further refinement. Half of the CCPs had approved plans approved by October 1, 2011, when corrections realignment began. Because funding is not contingent on having an approved community corrections plan, all counties still received their allocation. State Prison vs. Local Jail Low-level felony crimes that were previously punished by a state prison term of more than one year now results in county custody. It is important to note that no current state prison inmate will be transferred to county jails through Realignment. The changes to sentencing and custody are for all future inmates with the following criteria: • Non-violent, non -serious, and non -sex felony offenders, or "non -non -non" offenders, with no prior violent, serious or sexual offense convictions are sentenced to local custody. • Sentencing for a "non -non -non" can include a split sentence, with a jail term and probation term, or an all jail term with no post -release supervision. • Counties may contract with community correctional facilities, other counties, or the state for bed space. • State prison day -for -day sentence credit earning enhancements also apply to county jail sentences for low-level felony offenders. • Starting July 1, 2013, all state parole violators, regardless of prior or current convictions, will serve their sentence in jail, except for those parolees with a prior life in prison sentence who may be returned to prison through a court order. An additional 59 crimes not classified as non-violent, non -serious, and non -sex offenses in the state penal code but deemed egregious are excluded from local custody and are still punishable by a state prison term. These include such crimes as solicitation for murder, child exploitation for purposes of prostitution, and assaulting a police officer or evading arrest and causing death or serious injury. Post -Release Community Supervision Counties have supervision responsibilities for two types of post -release offenders: 1) Inmates released from county jail; and 2) low-level offenders released from state prison. Post -release community supervision, or PRCS, refers specifically to custody guidelines for state prison inmates released to county custody. These are state inmates that would have been placed on parole prior to realignment. • Eligible post -release inmates include non -serious, non-violent offenders, regardless of prior convictions, and low -risk sex offenders. • The state maintains parole supervision duties for inmates convicted of a third - strike, a current serious or violent commitment offense, or if the inmate is classified as a high -risk sex offender or Mentally Disordered Offender. League of California Cities 2011 Legislative Report Appendix A — Additional Resources 101 2011 Public Safety Realignment • CDCR must notify a county of post -release community supervision eligible inmates one month prior to their release from state prison. • Offenders can be discharged from post -release community supervision after six months if there is no violation during that time. • Examples of post -release community supervision may include GPS monitoring, day centers, home detention, or substance abuse and mental health programs. Parole Violations/Revocation State parole revocations will be served in county jail beginning July 1, 2013. Only those parolees sentenced with a life in prison term can be returned to prison through a court order. • Parole violators may be returned to jail for no more than 180 days, with day -for - day credit earnings. • Counties may use "flash incarceration" to return parole violators to jail for up to ten days if the violator waives their due process rights. • Counties may not contract back with the state to return violators to prison. • The parole revocation process will change on July 1, 2013, when the duties of the Board of Parole Hearings will be replaced by the courts. • Current non -revocable parolees will stay under state supervision, but this type of parolee will eventually phase out as eligible low-level offenders are now under county custody upon their release from state prison. Non -revocable parolees are low-level offenders under state custody with minimal state parole supervision, and who must be convicted of a new crime to be returned to prison. Background The concept of Realignment is not new to California. The Legislative Analyst's Office and various commissions and think -tanks have touted the potential benefits of realigning state services to local agencies for decades. One assumption is that local governments, being closer to the people, can do things more efficiently. This often implies local government can achieve the same or better outcomes with fewer resources. In 1991, the state realigned a number of health and social services duties to counties that represented $2 billion dollars in program responsibilities. In 2010, CDCR implemented what could be the considered an early effort to realign state corrections to counties through non -revocable parole. The non -revocable parole program limits the state's supervisory role of low-level, low -risk offenders and restricts how these parolees may be sent back to prison for parole violations. The prior year in corrections, a new law (SB 678, Leno, Chapter 608, Statutes of 2009) began a program that rewarded counties that could deter felony probationers from returning to prison. That new law also created the CCPs as the local implementation bodies, which are now charged with developing the local community corrections plans under Realignment. League of California Cities 2011 Legislative Report 102 Appendix A — Additional Resources 2011 Public Safety Realignment Next Steps The state's budget and prisoner overcrowding crisis underscores well -recognized problems in state corrections; the need to find a statewide solution to reduce inmate populations without jeopardizing public safety, reduce state costs, and improve offender outcomes following their release. Realignment may be able to help resolve these problems but it will take years to determine its full impacts and effectiveness. Realignment is in its infancy, with funding solutions and local community corrections plans still in development and under great scrutiny. Discussions about Realignment will include questions about the balance of standards and accountability and how that applies to 58 unique community corrections plans with a single state funding source. While some may consider the Realignment to be incomplete, others see the flexibility and open-ended nature is indicative of a living, evolving system. For these reasons, many of the flaws with of Realignment can also be viewed as strengths. Regardless of conflicting opinions, Realignment is moving forward as boldly as needed to meet the demands of prisoner population reduction targets and the statewide economic pressures. Enacted Realignment Legislation The 2011 Realignment plan is commonly referred to as "AB 109," but in fact there were several different bills enacted at different times that provide the framework, implementation, funding, and technical adjustments. A more detailed summary of the following measures can be found in the State Budget section on pages 70-75. AB 109 — This is the main Realignment legislation and provides the framework for programs and implementation. AB 111 — Provides counties additional flexibility to access funding to increase local jail capacity for the purpose of implementing Realignment. AB 117 — Clean-up legislation to AB 109, provides greater clarity regarding eligible offenders for jail and post -release community supervision. Also removes juvenile justice programs from corrections realignment and delays implementation date. AB 118 - The main Realignment funding legislation, establishes the 2011 Local Revenue Fund with network of accounts, sub accounts and funding levels. SB 87 — Provides counties a one-time appropriation for the planning and implementation of programs under AB 109. SB 89 — Provides funding for the Local Law Enforcement Services Account in the 2011 Local Revenue Fund through the additional vehicle registration fee and the County of Orange, as well as the cities within the county, shares of VLF general revenues. League of California Cities 2011 Legislative Report Appendix A — Additional Resources 103 2011 Public Safety Realignment SB 94 — Clean up legislation to AB 111, clarifies a county's required contribution levels for jail facility constructing award preferences. Additional Resources California Department of Corrections and Rehabilitation — 2011 Public Safety Realignment www.cdcr.ca.gov/realignment Summary of all incarceration, post -release, and parole programs under Realignment. California Department of Corrections and Rehabilitation — Three -Judge Panel Court Decision www.cdcr.ca.gov/3Judge_panel_decision Summary of the current status of the prison population reduction strategy and communications between California and the federal three judge panel. California Realignment http://calrealignment.org Resources and technical assistance for implementing provisions of corrections programs realigned to county agencies. Chief Probation Officers of California — Community Corrections Partnership Plans http://www.cpoc.org/php/realign/countyplans.php Collection of the approved community corrections plans developed by the individual Community Corrections Partnerships. "' Governor's signing message for Assembly Bill 109 (Chapter 15, Statutes of 2011), the main realignment measure. Two social service programs were given a one-time funding source and have no identified revenue source for 2012-13 at this time. League of California Cities 2011 Legislative Report 104 Appendix A — Additional Resources 2011 Public Safety Realignment This page was intentionally left blank. League of California Cities 2011 Legislative Report Appendix B — League Resources Appendix B — League Resources 105 Legislative Staff League Legislative Staff ES TaIVE .: • Fiscal Reform Daniel Carrigg • Revenue Legislative Director • State Budget (Lead) (916) 658-8222 • Taxation carriggd@cacities.org • Revenue and Taxation Policy Committee • Fiscal Officers Department • Environmental Issues (Air, Water, Solid Waste, etc.) • Community Services • Floods (Lead) Kyra Emanuels Ross • Tobacco Control Legislative Representative • Tort Reform (916) 658-8252 • Utilities kross@cacities.org • Climate Change • Animal Issues • Environmental Quality Policy Committee • Community Services Policy Committee • Community Services Department • Public Works • Transportation Jennifer Whiting • Telecommunications Legislative Representative Federal Issues (Lead) (916) 658-8249 • State Budget (Back-up) jwhiting@cacities.org • Transportation, Communication and Public Works Policy Committee • Public Works Department • CEQA • Housing Kirstin Kolpitcke • Planning & Land Use Legislative Representative • Floods (Back-up) (916) 658-8250 • Economic Development: CDBG, Enterprise Zones kkolpitcke@cacities.org • Housing, Community and Economic Development Policy Committee • Planning & Community Development Department League of California Cities 2011 Legislative Report 106 Appendix B — League Resources Legislative Staff Natasha Karl Legislative Representative (916) 658-8254 nkarl@cacities.org • • • • • • Administrative Services Brown Act/Public Records Conflict of Interest Employee Relations Personnel Workers Compensation Issues Personnel and Employee Relations Department • Public Safety Dorothy Holzem • Federal Issues (Back-up) Associate Legislative • Public Safety Policy Committee Representative/Senior • Fire Chiefs Department Policy Analyst • Police Chiefs Department (916) 658-8214 • Cities, Counties & Schools (CCS) Partnership dholzem@cacities.org Liaison • Special Policy Research Projects • Administrative Services Policy Committee • Employee Relations Policy Committee Meghan McKelvey • City Managers Department Policy Analyst • Fiscal Officers Department Support (916) 658-8253 • Public Works Department Support mmckelvey@cacities.org • Planner's Department Support • Oversee Duties of Legislative Secretary and Office Interns • Support for the Legislative Department • Legislative Bill Tracking Meg Desmond • Maintain Legislative Website Legislative/Policy Committee • Policy Committees Secretary (916) 658-8224 • Lobbyist FPPC Compliance mdesmond@cacities.org • Division/Department/Affiliate Rosters • Annual Conference Resolutions • Special Task Force Support League of California Cities 2011 Legislative Report Appendix B — League Resources Regional Public Affairs Managers 107 i'uhlic Affairs Director Bismarck Obando 1400 K Street, 4th Floor Sacramento, CA 95814 Office: 916/ 658-8273 Cell: 916/ 612-9377 bismarck@cacitics.org Central Valley Stephen Qualls P.O. Box 785 Hughson, CA 95326 Cell: 209/614-0118 squalls@cacities.org Channel Counties David Mullinax Cell: 805/797-3530 Fax: 805/962-9409 dmullinax@cacities.org Desert Mountain Inland Empire Nancy Cisneros 31759 Avenue E #111 Yucaipa, CA 92399 Cell: 909/230-3940 Fax: 909/794-3438 (call first) ncisneros@cacities.org East Bay Eric Figueroa P.O. Box 901 San Leandro, CA 94577 Cell: 510/325-0072 efigueroa@cacities.org Peninsula Jessica Stanfill Y.O. Box 5630 South San Francisco, CA 94080 Cell: 650/238-4111 jstanfill@cacities.org Regional Public Affairs Managers Los Angeles County Kristine Guerrero P.O. Box 3482 Lakewood, CA 90711 Cell: 626/716-0076 kguerrero@'cacities.org Jennifer Quan P.O. Box 1444 Monrovia, CA 91017 Cell: 626/786-5142 Fax: 626/301-0387 j quan @caciti es.org Jeff Kiernan 8205 Santa Monica Blvd. #I-206 W. Hollywood, CA 90046 Cell: 310 /630-7505 jkieman@cacities.org Monterey Bay Deanna Sessums P.O. Box 7980 Santa Cruz, CA 95061 Cell: 831/915-8293 dsessums@cac ities.org North Bay Nancy Hall Bennett P.O. Box 458 Mill Valley, CA 94941 Cell: 415/302-2032 nbennett@cacities.org Orange County Tony Cardenas 600 West Santa Ana Boulevard, Suite 214 Santa Ana, CA 92701 Cell: 714/425-5558 tcardcnas@cacities.org Redwood Empire Mary Creasey 1400 K Street, 4th Floor Sacramento, CA 95814 Office: 916/ 658-8243 Cell: 707/ 373-0788 rnereasey@cacities.org Riverside County David Willmon P.O. Box 56620 Riverside, CA 92517 Cell: 951/897-3301 Fax: 951/781-0626 dwillmon@cacities.org Sacramento Valley Charles Anderson Cell: 916/798-2231 Fax: 866/593-2927 canderson@cacities.org San Diego County, Imperial County Catherine Hill P.O. Box 82081 San Diego, CA 92138 Wk: 619/295-8282 Cell: 619/733-1751 Fax: 619/501-7651 chill@cacities.org South San Joaquin Valley Hilary Baird P.O. Box 10656 Bakersfield, CA 93389-0656 Cell: 661/ 428-7807 Fax: 661/ 664-8291 hbaird@cacities.org Note: With the exception of those addresses listed, and unless otherwise instructed, mail may be sent to: League of California Cities 1400 K Street, 4th Floor Sacramento, CA 95814 Fax: (916) 658-8240 League of California Cities 2011 Legislative Report 108 Appendix B — League Resources Effective Letter Writing Techniques 10 Tips for Cities Lobbying the California Legislature 1. Become engaged in the state level political process by appointing a legislative liaison within your city to track key legislation and work with your regional public affairs manager. You can locate contact information for your regional public affairs manager online at www.cacities.orq/regionalmanagers. 2. Use the League as a resource. Visit www.cacities.org/legresouces to access League priority bills, legislative contacts and additional information. The League's online bill tracking tool can be found at www.cacities.org/billsearch. 3. Read CA Cities Advocate, the League's online newsletter, to stay current on important legislation. Subscribe at htto://www.cacities.orq/cacitiesadvocate. 4. Develop relationships with your Senate and Assembly representatives as well as their capitol and district office staff. 5. Get to know members of your local press and educate them on legislative issues affecting your city. 6. Understand how state decisions impact your city's budget. Build networks and collaborate with other groups in your community on key legislative issues. 8. Organize an internal process within your city for developing and proposing changes to laws that will help your city. 9. Adopt local policies on legislation that enable your city to react quickly to the legislative process and respond to League action alerts. 10. Write letters on legislation featured in CA Cities Advocate. Sample letters can be found at www.cacities.org/billsearch by searching with the bill number or bill author. League of California Cities 2011 Legislative Report Appendix B — League Resources 109 Effective Letter Writing Techniques Effective Letter Writing Techniques 1. Include the Bill Number, Title, and Your Position in the Subject Line. Never bury the bill number and the action you want the legislator to take in the body of the letter. 2. One Bill Per Letter. Legislators file letters according to the bill number. 3. State the Facts. Describe the impact of the bill would have on your city. Use "real world" facts, Legislators like to know how a bill would specifically affect cities in their districts. The League often will provide a sample letter that includes space to describe local impacts. Take the time to provide such examples. This part of the letter is the most valuable to the Legislator. 4. Think About the Message. Letters may be targeted to specific legislators or entire committees. Think about who you want to act on the bill and message accordingly. If you are writing in support of transportation funding, emphasizing how the project will reduce greenhouse gases might be important to one Legislator, while highlighting how the project could encourage additional development and jobs might be important to another. Both messages are correct, but your effectiveness will be in selecting the right message. 5. Check for Amendments. Always check the League's Web site (www.cacities.org/billsearch) to make sure you are addressing issues in the latest draft. Bills are often significantly amended and the issue you are writing about may have changed or have been deleted altogether by the time you send your letter. 6. Send follow-up letters to the appropriate legislative committees as a bill moves along. You can often use your original letter with some modifications. Visit www.cacities.orp/billsearch to track the bill's location. In addition, CA Cities Advocate, the League's online newsletter, features stories on key legislation. 7. Provide a Contact. At the close of the letter, provide a contact person in case there are questions about the city's position. 8. Know the Committees on Which Your Legislator Serves. A legislator is likely to pay more attention to the bill positions of their constituents especially when it comes before his or her committee. At the committee level, this is even more important because your legislator has greater ability at this point in the legislative process to have the bill amended. 9. Copy the Right People. Send a copy of the letter to your senator, assembly member and the League. Please also send a copy to each committee member and staff if applicable. League of California Cities 2011 Legislative Report 110 Appendix B — League Resources Effective Letter Writing Techniques City of Anywhere P.O. Box 123 Anywhere, CA 90000 April 2,2008 Assembly Member Susan Jones California State Assembly State Capitol, Room 2344 Sacramento, CA 95814 RE: AB 1357 (Jones). Landfill Landscaping. NOTICE OF CITY OPPOSITION Dear Assembly Member Jones: 1. BiII Number, Title and Position' I am writing on behalf of the City Council of the City of Anywhere to respectfully oppose AB 1357 (Jones). AB 1357 would require that landfills and solid waste transfer stations be landscaped so that they cannot be seen from the air at an altitude of 2,000 feet and that the landscaping be completed and the facility be in compliance within 120 days of the bill's enactment. The City of Anywhere opposes AB 1357 for several reasons. First, the landscaping requirement will be extremely costly, both to the city as the landfill operator and to the citizens served by the landfill. We estimate that the cost to landscape our existing landfill and the two transfer stations operated by Acme Disposal will be about $300,000. This does not include the annual operating and maintenance costs associated with the requirement. Second, even if we were able to afford the cost. i1 would not be possible for the facilities to be in compliance within 120 days. Our Parks and Recreation Department personnel have been unable to identify any permanent vegetation that grows quickly enough to meet this deadline Third, we believe that the landscaping requirement is unrealistic as amended. The closest commercial airport to Anywhere is 150 miles away, and the closest general aviation airport is 70 miles away. We estimate that no more than three flights per day cross our air space and, because much of the year we are covered by clouds, we question the advisability of the legislation. We believe that the decision of whether or not to landscape a landfill should be left to the local authorities and should be based upon local conditions. For example, in many instances it would be a wiser use of limited resources 10 landscape the facility with automobile, not air, traffic in mind. For these reasons, the City of Anywhere opposes AB 1357. For more details about the City of Anywhere's position, please contact Joe Barnes at (000)123-4567. Sincerely, Janet Gotvoles Mayor, City of Anywhere cc: Members and Consultant, Assembly Natural Resources Committee Your Assembly Member Your Senator League of California Cities 2One Blft ` Per Letter HOW WIIJ „ - Thle impact. r City .a 5-6. Check for Amendments & Send Follow -Up Letters 7. Provide a Contact Person 8 Know the Committees Which Your Legislator Serves On 9 Send Copies of the Letter to the Correct People League of California Cities 2011 Legislative Report Index 111 Index of Chaptered Bills Assembly AB 22 22 AB 221 18, 37 AB 23 13 AB 241 54 AB 29 45 AB 255 29 AB 36 23 AB 258 15 AB 42 16 AB 261 62 AB 44 51 AB 289 61 AB 54 32, 87 AB 291 29, 90 AB 56 86 AB 307 42 AB 80 9 AB 309 12 AB 82 53 AB 313 45 AB84 9 AB316 51 AB 93 9 AB 320 25 AB 95 71 AB 335 19 AB 97 69, 70 AB 341 30 AB 99 69 AB 353 59 AB 100 69 AB 354 59 AB 102 69 AB 358 29, 90 AB 104 69 AB 359 33 AB 105 80, 88 AB 378 20 AB 106 69 AB 398 53 AB 107 71 AB 408 30, 53 AB 108 66 AB 413 10 AB 109 71, 73, 97, 102 AB 417 16 AB 110 73 AB 418 38 AB 111 73, 102, 103 AB 427 88 AB 112 66 AB 434 55 AB 113 69 AB 436 83 AB 114 66 AB 438 5, 17 AB 115 81, 88 AB 461 10 AB 116 73 AB 468 62 AB 117 71, 72, 73, 102 AB 475 85 AB 118 74, 102 AB 483 37 AB 119 67 AB 486 50 AB 120 71 AB 503 10 AB 121 67 AB 506 21 AB 122 67 AB 512 27 AB 144 52 AB 514 83 AB 147 35, 88 AB 516 89 AB 155 60, 67 AB 520 51 AB 159 45 AB 525 31, 90 AB 167 12 AB 529 84 AB 177 58 AB 547 10 AB 182 9 AB 551 83 AB 183 49 AB 554 23 AB 184 88 AB 563 60 AB 187 81 AB 564 15, 81 AB 188 62 AB 565 38 AB 193 10 AB 566 35 AB 195 21 AB 581 17 AB 208 35 AB 587 90 AB 209 25, 43 AB 588 43 League of California Cities 2011 Legislative Report 112 Index AB 592 22 AB 1103 35 AB 597 81 AB 1111 58 AB604 16,55 AB1117 15,49 AB 619 55 AB 1122 58 AB 622 54 AB 1133 14 AB 624 46 AB 1149 31 AB 631 27, 85 AB 1151 18 AB 646 5, 21 AB 1152 32 AB 654 35 AB 1156 58 AB 664 46 AB 1164 89 AB 665 51 AB 1168 20 AB 674 55 AB 1215 85 AB 680 59 AB 1220 5 AB 686 61 AB 1221 33 AB 697 37 AB 1222 37 AB 703 63 AB 1236 22 AB 710 4 AB 1247 19 AB 711 63 AB 1250 3 AB 712 31 AB 1265 41 AB 717 58 AB 1272 39 AB 741 33 AB 1298 84 AB 754 13 AB 1300 50 AB 762 30 AB 1307 60 AB 768 17 AB 1314 85 AB 771 43 AB 1338 48 AB 782 18 AB 1343 10 AB 793 37 AB 1344 13, 22 AB 807 59 AB 1350 63 AB 813 57 AB 1352 82 AB 818 31, 38 AB 1358 55 AB 820 63 AB 1402 52 AB 840 41 AB 1407 49 AB 849 32 AB 1414 39 AB 873 9, 18 AB 1417 54 AB 892 89 AB 1420 53 AB 900 25 AB 1424 61 AB 901 46 AB 1426 20 AB 912 42 AB 1648 53 AB 913 30 ABx1 14 27, 89 AB 936 48 ABx1 15 63 AB 938 32, 91 ABx1 16 64, 76 AB 943 83 ABx1 19 70 AB 957 91 ABx1 26 4, 76, 80 AB 973 54 ABx1 27 4, 79 AB 981 46 ABx1 28 67 AB 983 32 ABx1 29 67 AB 985 10 AJR 4 89 AB 1010 54 AJR 5 89 AB 1014 49 AB 1027 87 Senate AB 1042 18 AB 1069 46 SB 6 44 AB 1074 59, 87 SB 15 64 AB 1077 39 SB 16 28 AB 1090 63 SB 20 17 AB 1097 84 SB 41 16, 56 AB 1102 81 SB 44 53, 86 League of California Cities 2011 Legislative Report Index 113 SB 70 66 SB 420 50 SB 72 70 SB 425 15, 50 SB 73 70 SB 426 43 SB 74 70 SB 436 36 SB 78 74 SB 456 85 SB 79 68 SB 457 20 SB 80 68 SB 458 38 SB 82 68 SB 469 5 SB 84 68 SB 474 84 SB 86 68 SB 482 33, 90 SB 87 65, 102 SB 489 28 SB 89 4, 74, 75, 102 SB 506 65 SB 90 70 SB 507 64 SB 91 70 SB 514 51 SB 92 73, 75 SB 534 57 SB 93 71 SB 536 64 SB 94 68, 103 SB 550 51 SB 108 40 SB 551 41 SB 110 40 SB 557 52 SB 112 65 SB 563 44 SB 136 84 SB 565 86 SB 150 44 SB 607 33, 90 SB 152 40 SB 609 21 SB 170 34 SB 610 52 SB 177 45 SB 617 65 SB 179 57 SB 618 28, 42 SB 183 11 SB 622 57 SB 193 82 SB 668 42 SB 194 40 SB 678 101 SB 202 11 SB 679 28 SB 209 28 SB 698 24 SB 216 54, 87 SB 705 87 SB 225 47 SB 734 24 SB 226 26 SB 739 91 SB 244 5, 36 SB 756 57 SB 264 17 SB 771 29, 62 SB 267 28 SB 790 29 SB 284 44 SB 792 36 SB 285 56 SB 805 62 SB 286 3 SB 826 20 SB 288 42 SB 837 44 SB 292 25, 27 SB 841 31 SB 293 84 SB 852 52 SB 294 19 SB 857 21 SB 299 23 SB 859 86 SB 310 47 SB 860 48 SB 322 19 SB 897 45 SB 327 11 SB 909 30 SB 328 41 SB 917 15, 50 SB 332 17 SB 922 84 SB 337 11, 43 SB 947 64 SB 339 49 SBx1 2 29 SB 341 85 SBx1 4 64, 76 SB 390 56 SBx1 24 3 SB 397 12 SBx2 9 83 SB 398 19 SCR 6 38, 87 SB 406 56 League of California Cities 2011 Legislative Report CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2011 AGENDA ITEM NO. 31 M TITLE: Request to schedule meeting date for Community Planning and Fiscal Year 2011-12 Mid -Year Budget Review PREPARED BY: Leslie Deese, Asst. City Manager DEPARTMENT: City Manager PHONE: 336-4240 Ji ` " APPROVED BY: EXPLANATION: See Attached FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Request City Council to schedule a meeting date on January 28, 2012 or the preferred date of February 4, 2012 for the review. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: (planation Request to Schedule Meeting Date for Community Planning & Fiscal Year 2011-12 Mid -Year Budget Review The City Council traditionally conducts a community planning & mid -year budget review in January or February. It is appropriate at this time for the City Council to schedule the date and time for this year's review. The City Manager is proposing one of two workshop dates of Saturday, January 28, 2012 or the preferred date of Saturday, February 4, 2012 from 9:00am to 12:00 noon in the Council Chambers for the review. At this time, the City's Master Calendar does not show any scheduling conflicts for either of the dates proposed. On June 21, 2011, the City Council adopted the Fiscal Year 2011-12 Budget for the City of National City. The budget is a dynamic document subject to a variety of adjustments and fine tuning throughout the fiscal year. As changes occur in economic conditions, Council goals and objectives, and other areas affecting the budget, amendments are necessary to keep the document more reflective of the anticipated outcomes. The mid -year budget report provides a detailed review of the City's finances as of December 31, 2011. The review provides an evaluation of current revenues and expenditures during the current fiscal year and provides the financial starting point for next year's budget and discusses outstanding budget issues, including state and county budget impacts. The report also includes recommended adjustments to estimated revenues, budget appropriations and reserves for all funds. As is customary, the focus of the mid -year budget review is on the City's General Fund. TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT December 6th, 2011 AGENDA ITEM NO. �2 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $290,206.06 to the City of National City for the period of 10/26/11 through 11/01/11, PREPARED BY: 1K. Apalategu� PHONE: 1619-336-4331 DEPARTMENT: Fi . n 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: /7�� KA Finance ACCOUNT NO. APPROVED: MIS Approve the reimbursement of funds to the City of National City in the amount •f $290,206.06 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A ACHMENTS: Warrants for the period of 10/26/11 through 11/01/111 PAYEE CHRISTENSEN & SPATH LLP D MAX ENGINEERING INC DEPARTMENT OF INDUSTRIAL DIXIELINE BUILDERS JOSE G & IRMA R CASTRO LASER SAVER INC SDG&E STANLEY CONVERGENT SECURITY STAPLES ADVANTAGE THE SOHAGI LAW GROUP PLC HARRIS & ASSOCIATES INC KIMLEY HORN AND ASSOC INC PROJECT PROFESSIONALS CORP. PAYROLL Pay period 22 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #18 11/1/2011 Start Date 10/4/2011 DESCRIPTION ARE HOLDING VS CDC NC JUL 2011 STORM WATER SVCS/ 8TH ST SMART CONVEYANCE -NC HISTORICAL SOCIETY EXP REIMB: CASA QUINTA/FAMILIAR OVERPAYMENT / REHAB LOAN MOP# 45725. TONER / SEC 8 GAS AND ELECTRIC UTILITIES !CDC FIRE ALARM MONITORING & MAINT/CDC MOP# 45704. OFFICES SUPPLIES / CDC LEGAL SERVICES / AUG 31, 2011 CIVIL ENGINEERING SERVICES FOR 8TH COOLIDGE AVE, SERVICES THRU 9/30/2011 DATA CENTER REDUNDANT AC, SEPT. 2011 OTHER DISBURSEMENTS PAID WITH CDC FUNDS SECTION 8 HAPS PAYMENTS End Date 10/17/2011 Start Date 10/26/2011 Check Date 10/26/2011 CHK NO 244266 244267 244268 244269 244270 244271 244272 244273 244274 244275 244296 244300 244320 DATE AMOUNT 11/1/11 7,471.50 11/1/11 1,730.00 11/1/11 125.00 11/1/11 7,017.00 11/1/11 62.49 11/1/11 222.61 11/1/11 41.79 11/1/11 257.28 11/1/11 222.78 11/1/11 15,109.96 11/1/11 7,638.68 11/1/11 175,779.97 11/1/11 3,274.25 AIP Total $ 218,953.31 71,252.75 Total disbursements paid with City's Funds $ 290,206.06 End Date 11/1/2011 703,163.16 GRAND TOTAL $ 993,369.22 ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT December 6th, 2011 AGENDA ITEM NO. 33 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $116,933.68 to the City of National City for the period of 11/02/11 through 11/08/11 PREPARED BY: K. Apalategui PHONE: 619-336-4331 DEPARTMENT: Fina ce 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 of $116,933.68 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A rACHMENTS: Warrants for the period of 11/02/11 through 11/08/11 d,R PAYEE CHRISTENSEN & SPATH LLP EDCO DISPOSAL CORPORATION PROJECT PROFESSIONALS CORP. SAFDIE RABINES ARCHITECTS STRADDLING YOCCA CARLSON & U S BANK COUNTY OF SAN DIEGO Nit 1-88-1 M ciinr.ORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #19 11/8/2011 DESCRIPTION LEGAL SERVICES / SEPT 2011 WASTE DISPOSAL SERVICES / CDC PROFESSIONAL SVC/AQUATIC CENTER PROFESSIONAL SVCS/AQUATIC CNTR LEGAL SVCS 112/17/10 - 4/30/11 CREDIT CARD EXPENSES / REDEV MAIL PROCESSING SVCS 6/16/11-7/15/11 CHK NO 244336 244337 244338 244339 244340 244341 244361 AMOUNT 4,500.00 104.75 12,680.75 94,373.21 3,706.50 192.53 1,375.94 A/P Total $ 116,933.68 Total disbursements paid with City's Funds $ 116,933.68 GRAND TOTAL $ 116,933.68 ITEM #34 12/6/11 FURLOUGH UPDATE (HUMAN RESOURCES) �,ry of National City City Hall 1243 National City Blvd National City, California 91950 Attn: Mr. Chris Zapata, City Manager RE: National City CWI Industries, Optical Plant 1001 W. 19th Ave. Mr. Zapata, ITEM #35 12/6/11 September 8`h, 2011 In my position as Senior Vice President of Construction for one of the largest retailers in the country I can't say that I get much of a chance to do this type of thing very often. So, I am taking a moment to write to you on behalf of our Costco Wholesale Industries facility at 1001 W. 19`h Ave. in National City, CA., our Optical Manufacturing Plant. I would like to thank you and your staff for being so courteous and understanding while we worked through the problems associated with the previously constructed portion of the building. You may be aware that it was determined during the plan review phase of our current remodel that a large portion of the building, prior to Costco ownership, was constructed without the benefit of a building permit. This potentially had deep ramifications to our use of the existing building. Our Architect came up with multiple ways to correct the situation, and in partnership with the city's Building Official and Fire Marshall have come to a conclusion that had minimal impacts to the operation and still meet the intent of the building code. I would like to single out praise to Luis Saniz and Robert Hernandez and hope that you can personally thank them for us. I know that our Vice President in charge of Operations, Art Salas, and our Site Manager, Sue Larson, have expressed that without these persons help we could not have gotten this far. I trust that this spirit of cooperation can continue and that both Costco and the City will continue to enjoy a long and mutually beneficial relationship for years to come. Thank you again, Costco Wholesale Ali Moayeri, SVP Construction lrt i3i`.:� ISSAJ1,At,.',' ITEM #36 12/6/11 CLOSED SESSION REPORT (CITY ATTORNEY) CITY OF NATIONAL CITY, CALIFORNIA A9 flti ° " ' 't COUNCIL AGENDA STATEMENT MEETING DATE: December 6, 2011 AGENDA ITEM NO. 3 t w ITEM TITLE: TEMPORARY USE PERMIT — 7-Eleven Grand Opening hosted by 7-Eleven Incorporated on December 16, 2011 from 2 p.m. to 6 p.m. at 151 N. Highland Avenue with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neigh. •rhood Services Division APPROVED BY: This is a request from 7-Eleven Incorporated to conduct the new 7-Eleven Grand Opening Ribbon Cutting ceremony event at 151 N. Highland Avenue on December 16, 2011. Due to the late TUP application received, event date, event details and city requirements, we are requesting this be an add -on item for council on the agenda of December 6, 2011. Set-up for the event begins at 1:30 p.m. and the actual event runs from 2 p.m. to 6 p.m. This event will include food giveaways inside the store, a DJ with amplified sound, a wrestling demonstration in the parking lot and the ribbon -cutting ceremony, A Class C TUP was issued prior for requested event banner displays only. No street closures are requested. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: The City has incurred $237.00 for processing the TUP through the various City departments, (other City department fees pending) 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 of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. 8677 ViIla La Jolla Dr PMB 1105 La Jolla, CA 92037 Phone 858-467-7990 Fax.858-777-9009 Fax CIM Incorporated To: Vianey Rolorti 1 City of National City From: Marisa Vallbona Fax: 619-336-4217 Date: December 6. 2011 Phone: 619-336-4364 Pages: 11 Re: Rental Agreement CC: x Urgent ❑ For Review 0 Please Comment ❑ Please Reply ❑ Please Recycle •Comments: Hi Vianey, Thank you so very much for your time today, assisting me with the temporary use permit application for l-Eleven's Grand Opening. Please let me know if you need additional information or have any questions. I can be reached at 619-708-7990. The 7-Eleven Field Consultant for this store is Sherry Liken and she can be reached at 619-816- 6374. Thank you so much! Respcyfully Marisa Vallhona for 7-Eleven, Inc. p . 2 Type of Event: Public Concert _ Fair Festival _ Parade Demonstration _ Circus Motion Picture t/ Grand Opening Other Event Title Community Event Block Party 7- CLO.it1n GYund P.p-ea_4 Event Location: ) S I N. H- l., 1,1 Ldr4, AIR-- kaj ill` -Q C-[)1 CP, c/r150 Event Date(s) : From 121I(p Ill to Month/Day/Year Actual Event Hours: am(iDo CO )am tr Setup/assembly/construction Date: lz%/ifaStart time: %-dDPill Please describe the scope of your setuplassembly work (specific details): Yam}- OL k k,-,t lLaCn 5 Total Anticipated Attendance: 1 DO ( Participants) ( Spectators) Dismantle Date: I%If/e /1( Completion Time' art) 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. NI Sponsoring Organization: f : • Y.•rlr'M,�.I ✓For Profit Not -for -Profit Chief Officer of Organization (Name)3.1d-L `x?- Audi cr Applicant (Name): ,-U] L( VerT) %t— 1-e-ie_vco Address: IS - k;9Ktz(tr1a e !(CQ , lJ i �� Q Cit-j f CA 9 I9 50 Daytime Phone: (.(5 ) gtX ---V—P4 Evening Phone: ( ) Fax: ( ) Contact Person "on site" day of the event: aNeinj LL 2.Yt Pager/Cellular:60q- 22i - NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 r.:!-:-.::',-..:.-.!,;-,-..:-.,, -'...-.,,!..:-.,:, '' ;.•:::!:::-.:.;-,ri.i..,..-...:;:;;i:..7,-.:..;;-,, ,:-..-.,-=',;.:::::'...--:i;!.,...•:ti.),`..iI;trIt'ti--:'.'"-rii.„.„:',..,...„,'-'-:,,,,,:!'-':•;•]:','.'-',.;'..:-,::',%:-.-„,:- ... -EEV, III - • r 1-.1•1P1Wil:-.....:!.,i,•: ....‘: . —.. - 4.-..• -,•• ,•...-.... •'.--r• -•.•• ..•••••"-.. - .--,$ ,-,--,-,,-:-.. • ....i",-;.•'...t.,!?....-..„ , 0......,-,,,..ra,...1.,", ....,..-.:.. t•:1'••,..';c:.,,.;-: .. :. i,,, ,.. • 111.1,1, I 1,, il.sa• 1,1.........,—,1.,.••••.• iild, a ,.....“. •••,• —,........,,,,,,,,,,..,.,-:.,...--A- Is your organization a "Tax Exempt, nonprofit" organization? YES / NO Are admission, entry, vendor or participant fees required, YES i/NO If YFS, please explain the purpose and provide amount(s): Set,fript $ I) a.S. Estimated Gross IRceipts incruding ticket, product and sponsorship sales from this event. $ (o, 000 — Estimated Expenses for this event. $ 0/ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? • .. . 714-. -.1-4.; • NiTAT 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. k9<b/yr, Ccttj_eAre—rv-t— at_te-bizt-te) pnV ClLAJ-f\ c. tAep 4-4_4 cue_ ril1,01,1fts ifl he_tp ;10bOY1 . vaa, !e a u..),(Les.- 1 CteiKelY1-4Y-a-ki 3514 ifT1-5L:1-61/1 YES 410 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 salo: 2 atiT1Nkletki YES t/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: ( i 5}ore We-ofillal-Ca 11,,2,tre J (aa-"cL 6pcn.r� 1 YES V 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 ✓ NC Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. V YES _ NO Does the event involve the use of tents or canopies? If YES. Number of tent/canopies Sizes /ot k, /D (7h S rie-'Gi17r6Y1 NOTE: A separate Fire Department permit is required for tents or canopies. YES v 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. 1 h cfAGIT-S If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify). • Portable and/or Permanent pi Facilities !"r Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) • Tables and Chairs • Fencing, harriers and/or barricades le 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.) Z 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: L)e. l 64,2h it t-y R � e-rg ' yy�� L � i Y �. L �L4�L4i ,v�-�•y I Y.�ir � r 'S Please describe your procedures for both Crowd Control and Internal Security: t (-s cry (T/Ghj cioi4c _ YES V 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 VNO 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 proviiding First Aid Staffing and Equipment. l \J-Q- t�av—e C` FiVS- 71- +- c c �t n1L�f ah �dsre <1 n ca se of-- Le PAAJni,j cR . te.ry Please describe your Accessibility Plan for access at your event by individuals wit disabilittiies: FLitarl Gt CCCSSCr hix 11-k-re- a -re- �adlr-41 5?aces I Add -teak N�PLNina Please provide a detailed description of your PARKING plan: Pt. pa_ see sue, p(' Please describe your plan for DISABLED PARKING: 1\-tir`e are_ �4 (f S d,-ab(2 , 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: 1� IAi� ct Vtb�t l� t/�e� i ktks NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. • i,/ 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: 01 it Number of Bands: / Type of Music: 1/ YES _ NO Will sound amplification be used? If YES, please indicate: Start time: arr prr Finish Time arr1Z) YES v NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time amlpm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES /NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: ,aO Any signs, banners, decorations, special lighting? If YES. please describe: J oppoid Revised 08/10/05 age P7h71 s a.lvJ be -on City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization 1 Person in Charge of Activity 5} pi) (�ii i / h ee ( t // ni Address iS / /� 1-tydaile( .7 I`ou-d -dvtai i/ J/ (4 9/ l.rbl Telephone �Pt9-Sr��3 Date(s) of Use /L//(P/// 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) 10 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. inarzSa. 1/ai/D)2h, Signature of Applicant /E/`I- 1i b8--9-iqb 4 /; c ah-S 65uile - / 2J6/// Official Hie Date For Office Use Only Certificate of Insurance Approved Date 7 CERTIFICATE OF LIABILITY INSURANCE DATF (MMIUO/TTyr, 10/24/2011 PRODUCER TRADEMARK INSURANCE AGENCY PO Box 419 Manchester, TN 37349 _9311773-2975_ INSURED THtS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC 1 Pro Wrestling Org LLC DBA NWA 4302 Glynda Drive Nashville, Tn 37216 INSURER A: Nautilus I SURER 0 INSURER C INSURER C: INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION' OF ANY CONTRACT OR OTHER DOCUMENT 1MTH RESPECT TO VVH'CH THIS CERTIFICATE FRAY RE ISSUED OR NMRY PERTAIN, THE INSURANCE AFFOR0E0 BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCL USIONS ANC, CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SH0M'J MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LT& A NSMNSR TYPE OF INSURANCE GENERAL LIABtUrr X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE I X I OCCUR x Ded. 500 GEN'L AGC,I*C,ATE LIMIT APPLIES PER - I PRO _ POLICY I LECT I AU IOMOBILL UADIL ANVAU TO ALL OWNED AUTOS SCHEDULED AUTOS I'.IREO AUTOS NON.OWNED AUTOS 1 LOC GARAGE LIABILITi ANYAUT0 POLICY NUMBER NT-5241546 POLICY EFFECTIVE DATE (MM,DaY,YI 10/23/11 POLICY EXPIRATION JAI EIMNJDI YYYI 10/23/12 GENERAL AGGREGATE LIMITS EACH OCCURRENCE -QARIIFGL ID-12L'JILJ PREMISES (Ca accuren:e 1,000,000 lt, 000 MEL) EXEkAnycnepe-ser) s 5 „DOG PERSONAL &ADV INJURY $ 1 , 000 000 2 000 000 PROSUCTS . COMP/OP ACC; s 1 000,0(a COME.NED SINGLE LIMIT (Ea accident) BOD.LY INJURY (Per person) BOD'1Y INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIOERT OTHER THAN AUTO ONLY EA ACC EXCESS! ULIIHFIIA LIABILITY OCCUR CLAIMS MADE DEDLCTIELE RETENTION 3 VLORKERS CCMPENSA TiCN AND EMPLOYERS' LIA3ILITY ANY PRO RIETORPARTPER,E.XECUIIVF OrFICER,M MBER EXCLUDED, (Mandatory 0 NHI If yes. de', be L.v IJ_r SPECIAL PROVISIONS sHow OTHER EACH OCCURRENCE AGG $ AGGREGATE TORY5.0 STATUITS I LIM E L EACH ACCIDENT OTH ER EJ_ DISEASE- EAEAIPLO'YEE E L DISEASE- POLICY LW.. T DESC RIPTION OF OPERATIONS / LOSA 'BONS r VEHI CLEJ /EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION Insured Copy SHOULD ANY OF THE ABOVE ❑ESCRIEEO POLICIES BE CANGLLI. ED [Am-1mr TIP_ EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER .NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTA •_ S UTHORIZEI RE•RESENTATIVE. ACORD25 (2009/01f G 1988-21' • ACORD CORPORATION_ All rights reserved. The ACORD name and logo are registered marks of ACORD c{tLIFOA NIA= — to c.6RPatiiii D �� City of National City Neighborhood Services Division 1243 National City Blvd. National City, CA 91950-4397 (619) 336-4364 TEMPORARY USE PERMIT CLASS C EVENT TITLE: 7-ELEVEN GRAND OPENING SPONSORING ORGANIZATION: 7-ELEVEN / Boulder Blimp Co. EVENT LOCATION: 151 N. HIGHLAND AVENUE EVENT DATES/HOURS: December 9-16, 2011 (business hours) SET UP DATE/HOURS: December 8, 2011 7am TEAR DOWN DATE/HOURS: December 16, 2011 8pm CONTACT PERSON DAY OF THE EVENT: Kennerly Nevin (303) 664-1122 Issuing of this Temporary Use Permit shall not be held to permit or approve the violation of any codes or laws. 1.1 7 ELEVEII CONTACT: Marisa Vallbona, 7-Eleven, Inc., Cell: 619-708-7990 or Brian Williams, 7-Eleven, Inc., Cell: 619-954-4276 ***CALENDAR ANNOUNCEMENT *** 7-Eleven® Celebrates its Newest Store in National City with a Grand Opening Celebration, Ribbon Cutting Friday, Dec. 16 at 2:00 p.m. Grand opening celebration open 10 Me public with Lucha Lubre wrestlers, a Minn, games, prizes, and discounts. NATIONAL CITY, Calif., Nov. 29, 2011 — 7-Eleven is opening its newest store in National City, Calif.; located at 151 N. Highland Ave_ National City, Calif., 9I950, with all -day celebration for the puhlic from 2 p.m. to 6 p.m. on Dec. 16. The celebration includes l,ucha Lubre wrestlers, a DJ, fun, prizes, balloons, and food specials. National City elected officials are attending to officially cut the ribbon along with the store owner and employees at 4 p.m., to celebrate the store opening. More than 12 jobs have been created by this store opening. Food specials include $1 Sausage & Pancake Rollers, Corn Dog Rollers, and Pizza Slices. Glazed Donuts are 2/$1, 75 cent Big Bite Hot Dogs, and Free Small Slurpee drinks (while supplies last). u NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: December 6, 2011 TO: Adolfo Gonzales, Chief of Police FROM: Dan Fabinski, Sergeant SUBJECT: Temporary Use Permit; 7-11 Grand Opening, 151 N. Highland Avenue, December 16, 2011 I have reviewed the Temporary Use Permit (TUP) for the 7-11 Grand Opening Ribbon Cutting. The event is scheduled to take place on Friday, December 16, 2011. Per the TUP, the event will take place entirely on the premises of the new 7-11 store located at 151 N. Highland Avenue. The event takes place from 2 p.m. to 6 p.m.. The organizers estimate approximately 100 participants. There will be a DJ for music. 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 arca 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. Dan Fabinski, Sergeant