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HomeMy WebLinkAbout2012 03-06 CC HA SA AGENDA PKTAgenda Of A Regular Meeting — National City City Council/ Successor Agency to the Community Development Commission as the National City Redevelopment Agency/Community Development Commission - Housing Authority of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting — Tuesday — March 6, 2012 — 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 Successor Agency to the Community Development Commission (CDC) as the National City Redevelopment Agency/Community Development Commission — Housing Authority of the City of National City 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 Successor Agency to the Community Development Commission (CDC) as the National City Redevelopment Agency/Community Development Commission — Housing Authority of the City of National City 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 Successor Agency to the Community Development Commission (CDC) as the National City Redevelopment Agency/Community Development Commission — Housing Authority of the City of National City action must be brought back on a subsequent Council or Successor Agency to the Community Development Commission (CDC) as the National City Redevelopment Agency/Community Development Commission — Housing Authority of the City of National City Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audicifonos 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 City Council/Successor Agency to the Community Development Commission As the National City Redevelopment Agency/Community Development Commission - Housing Authority of the City of National City CITY COUNCIL PROCLAMATION 03/06/2012 - Page 2 1. Proclaiming Monday, March 12, 2012 as: GIRL SCOUTS OF THE USA 100TH ANNIVERSARY DAY" CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 2. _ Approval of the -Minutes of -the Regular N-attonal City City Council/Successor Agency to the Community Development Commission as the National City Redevelopment Agency/Community Development Commission -Housing Authority of the City of National City of February 21, 2012. (City Clerk) 3. Resolution of the City Council of the City of National City approving the application for grant funds for the Urban Greening Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) for the Hoover Avenue Park/Paradise Creek Walk Project. (Engineering) 4. Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of the residence at 240 B Avenue. (TSC Item No. 2012-1) (Development Services/Engineering) 5. Resolution of the City Council of the City of National City authorizing the conversion of 40 feet of green curb 15-minute time -restricted parking in front of 229 National City Boulevard (Best Mattress & Furniture Center) to yellow curb "Commercial Loading". (TSC Item No. 2012-5) (Development Services/Engineering) City Council/Successor Agency to the Community Development Commission As the National City Redevelopment Agency/Community Development Commission - Housing Authority of the City of National City 03/06/2012 - Page 3 CONSENT CALENDAR (Cont.) 6. Resolution of the City Council of the City of National City authorizing the installation of an additional 20 feet of red curb "No Parking" with "School Bus Loading Only" signs on Lanoitan Avenue, north of E. 24th Street adjacent to Lincoln Acres School to accommodate loading for up to two special needs school buses. (TSC Item No. 2012-4) (Development Services/Engineering) 7. Resolution of the City Council of the City of National City authorizing the installation of three green curb 30-minute parking spaces restricted from 8:00 a.m. to 6:00 p.m., Monday -Saturday, on the west side of Highland Avenue, north of E. 28th Street to create higher parking turnover for customers of local businesses and more efficient enforcement (TSC Item No. 2012-3) (Development Services/Engineering) Resolution- of the City Council of the City of National City authorizing the installation of one green curb 30-minute parking space restricted from 8:00 a.m. to 6:00 p.m. Monday -Saturday, in front of 619 E. 16th Street (16th Street Barber Shop) to create higher parking turnover for customers and more efficient enforcement. (TSC Item No. 2012-2) (Development Services/Engineering) 9. Resolution of the City Council of the City of National City approving an Encroachment Permit and Agreement with Chevron Environmental Management Company for the installation of four (4) units groundwater monitoring wells located in the public right-of-way. (Development Services/Engineering) 10. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Employment Agreement between the City of National City and City Manager Leslie Deese. (City Attorney) 11. Resolution of the City Council of the City of National City supporting the San Diego County Water Authority's lawsuit against the Metropolitan Water District of Southern California. (City Manager) City CounciUSuccessor Agency to the Community Development Commission As the National City Redevelopment Agency/Community Development Commission - Housing Authority of the City of National City 03/06/2012 - Page 4 CONSENT CALENDAR (Cont.) 12. Temporary Use Permit — Liberty Tax Service requesting advertising displays at 605 Highland Avenue and 1615 E. Plaza Boulevard from March 7, 2012 through April 17, 2012 with no waiver of fees. (Neighborhood Services Division) 13. WARRANT REGISTER #31 Warrant Register #31 for the period of 01/25/12 through 01/31/12 in the amount of $2,751,984.93. (Finance) 14. WARRANT REGISTER #32 Warrant Register #32 for the period of 02/01/12 through 02/07/12 in the amount of $1,988,533.80. (Finance) 15. WARRANT REGISTER #33 Warrant Register #33 for the period of 02/08/12 through 02/14/12 in the amount of $1,237,128.22. (Finance) NEW BUSINESS 16. Request for City Council approval of the Disqualifying Criteria of a Community and Police Relations Commissioner and the Supplemental Application to the City of National City's Application for Appointment to City Boards, Commissions, and Committees. (Community Services) **Companion Items #17 & #18** 17. Review of amended Application for the Community and Police Relations Commission (CPRC) in Tight of Disqualifying Criteria and the Supplemental Application to the City of National City's Application for Appointment to City Boards, Commissions and Committees. (Community Services) **Companion Items #16 and #18** City Council/Successor Agency to the Community Development Commission As the National City Redevelopment Agency/Community Development Commission - Housing Authority of the City of National City 03/06/2012 - Page 5 NEW BUSINESS (Cont) 18. Hearing to provide Community & Police Relations Commission (CPRC) Commissioner an opportunity to be heard regarding an Amended Application and to provide City Council an opportunity to take further action on the Amended Application, up to and including potential removal of Commissioner. (Community Services) **Companion Items #16 & #17** 19. Request to use Martin Luther King Jr. Community Center (North and South Rooms, including kitchen and entire parking lot), Kimball Senior Center, and Kimball Recreation Center by MANA de San Diego for a "Dia de la Mujer Latina Health Festival" on April 20-21, 2012. This is not a City sponsored or co- sponsored event and therefore not entitled to sponsorship fee reductions. However, the Applicant will be requesting a waiver of fees. (Public Works) 20. Appointments (2) to the Oversight Board pursuant to Health and Safety Code Sections 34179(a)(2) and 34179(a)(7). (City Attorney) SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY CONSENT CALENDAR 21. Resolution of The Board of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency pursuant to Part 1.85 of Division 24 of the California Health and Safety Code establishing Rules and Regulations for the operations of the Successor Agency as a new legal entity separate from the City, and taking certain actions in connection therewith. (City Attorney) 22. Authorize the reimbursement of Successor Agency to the Community Development Commission as the National City Redevelopment Agency expenditures in the amount of $34,288.99 to the City of National City for the period of 01/25/12 through 01/31/12. (Finance) City Council/Successor Agency to the Community Development Commission As the National City Redevelopment Agency/Community Development Commission - Housing Authority of the City of National City 03/06/2012 - Page 6 CONSENT CALENDAR (Cont.) 23. Authorize the reimbursement of Successor Agency to the Community Development Commission as the National City Redevelopment Agency expenditures in the amount of $69,074.35 to the City of National City for the period of 02/01/12 through 02/07/12. (Finance) 24. Authorize the reimbursement of Successor Agency to the Community Development Commission as the National City Redevelopment Agency expenditures in the amount of $925.51 to the City of National City for the period of 02/08/12 through 02/14/12. (Finance) STAFF REPORTS 25. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL 26. Discussion of AB 1572 regarding the Service Authority for Freeway Emergencies in San Diego County. (Council initiated) ADJOURNMENT Regular National City City Council / Successor Agency to the Community Development Commission as the National City Redevelopment Agency/Community Development Commission — Housing Authority of the City of National City — Tuesday — March 20, 2012 — 6:00 p.m. — Council Chambers — National City, California COPIES OF THE CITY COUNCIL OR SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY/ COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcityca.gov '14,14 ir Ives ITEM #1 3/6/12 ITEM #2 3/6/12 APPROVAL OF THE MINUTES OF THE REGULAR NATIONAL CITY CITY COUNCIL/SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY/COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF FEBRUARY 21, 2012. (CITY CLERK) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 6, 2012 AGENDA ITEM NO. 3 EM TITLE: Resolution of the City Council of National City approving the application for grant funds for the Urban Greening Grant Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) for the Hoover Avenue Park/Paradise Creek Walk Project. PREPARED BY: Barby Tipton DEPARTMENT: Engineering PHONE: 336-4383 APPROVED BY: EXPLANATION: The City Council approved the filing of an application for the Hoover Avenue Park/Paradise Creek Walk Project on November 1, 2011. This project has been selected for further consideration for grant funding. To continue the process, this grant requires that a City Council Resolution consistent with the grant resolution template that outlines the grant conditions be adopted. FINANCIAL STATEMENT: ACCOUNT NO. There is no financial impact at this time. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPLICATION FOR GRANT FUNDS FROM THE URBAN GREENING GRANT PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84) FOR THE HOOVER AVENUE PARK/PARADISE CREEK WALK PROJECT WHEREAS, the Legislature and Governor of the State of California have provided funds for the Urban Greening Grant Program ("Grant Program") under the Safe Drinking Water, Water Quality And Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84); and WHEREAS, the Strategic Growth Council has been delegated the responsibility for the administration of this Grant Program and establishing necessary procedures; and WHEREAS, said procedures established by the Strategic Growth Council require a resolution certifying the approval of an application by the City Council before submission of the application to the State; and WHEREAS, the City desires to apply for the grant funds for the Hoover Avenue Park/Paradise Creek Walk Project, and if selected, will enter into an agreement with the State of California to carry out the Project NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby: 1. Approves the filing of an application for the Hoover Avenue Park/Paradise Creek Walk Project. 2. Certifies that applicant understands the assurances and certification in the application. 3. Certifies that the City or title holder will have sufficient funds to operate and maintain the Project consistent with the land tenure requirements, or will secure the resources to do so. 4. Certifies that it will comply with the provisions of Section 1771.8 of the State Labor Code regarding payment of prevailing wages on Projects awarded Proposition 84 Funds. 5. If applicable, certifies that the Project will comply with any laws and regulations including, but not limited to, legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable permits will have been obtained. 6. Certifies that applicant will work towards the Governor's State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1. Resolution No. 2012 — Page Two 7. Appoints the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, payment requests, and so on, which may be necessary for the completion of the Project. PASSED and ADOPTED this 6th day of March, 2012. 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: March 6, 2012 AGENDA ITEM NO. 4 EM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of the residence at 240 B Avenue (TSC Item No. 2012-1 PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Development Services / APPROVED BY: Engineering FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD 1 COMMISSION RECOMMENDATION: At their meeting on February 15, 2012 the Traffic Safety Committee approved the staff recommendation to install a blue curb handicap parking space with sign in front of the residence at 240 B Avenue. ATTACHMENTS: xplanation _.. resolution 3. Staff Report to the Traffic Safety Committee (February 15, 2012) Explanation Mrs. Aida Quintero, resident of 240 B Avenue, requested a blue curb handicap parking space in front of her home. Both Mrs. Quintero and her mother are disabled and have difficulties walking long distances_ Staff visited the site and observed that there is no driveway or garage on the property. Currently, there are no blue curb handicap parking spaces provided nearby. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off- street space available that may be converted into disabled parking. This condition is met. Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with sign in front of the residence at 240 B Avenue. All work will be completed by City Public Works. TSC 2012-1 1 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR FEBRUARY 15, 2012 ITEM TITLE: ITEM Nn::.2012-1 REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 240 B AVEUNE (BY A. QUINTERO) PREPARED BY: Stephen Manganiello, Engineering Division DISCUSSION: Mrs. Aida Quintero, resident of 240 B Avenue, has requested a blue curb handicap parking space in front of her home. Both Mrs. Quintero and her mother are disabled and have difficulties walking long distances. Staff visited the site and observed that there is no driveway or garage on the property. Currently, there are no blue curb handicap parking spaces provided nearby. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met It shall be noted that handicap parking spaces do not constitute 'personal reserved parking" and that any person with valid `disabled persons" license plates may park in handicap spaces. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with sign in front of the residence at 240 B Avenue. 2 EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 4. Disabled Persons Parking Policy 2012-1 3 `Aal\Kovn( q\U D � C 9? crt - H w c'Q �Y 6c '-y�A -r _ c' 0•1=)4 _ 3S`'-% _A A. t9-3'-v e C> ti v 0_ 0. C \, -IC_ KDo, \z--,r Q C C3Jt� V i fo_)A A '--,--4- i-v\ ` -v-v E : �,,,.�-s - (a vvc\)", L 0-v VI v w , l'-'0- L / t).‘J 'S--- '-- ('-'- 1 0 6 Cr \ C' C) (''.:\ ki I al.) 7 l E'>J� l ix- c)\- a �.:) �_0 c I C �-� - �Y- \ 0 c YY -, c7 Y 4 CirAC-NrivC' k V S 1 r Q Q �) \� c(t_ _�.\,'l,,''\ C"_ ),-!Z_ -/ r\ _ ((j) ) 0 9_, 5 5 ***CUSTOMER RECEIPT COPY*** EXPIRES: 06/30/2013 *** DISABLED PLACARD NUMBER: A164626 QUINTERO AIDA M 240 B AVE APT A NATIONAL CITY CA 91950 CO: 37 PERSON PLACARD* PTC: 1 TV: 91 ** DATE ISSUED: 02/O1/ll MO/YR: SN DT FEES RECVD: 02/01/11 AMT DUE : NONE AMT RECVD - CASH : - CHCK : CRDT E10 613 AO 0000000 000E CS E10 020111 N1 A164626 DEPARTMENT OF MOTOR VEHICLES PLACARD IDENTIFICATION CARD THIS IDENTIFICATION CARD OR FACSIMILE COPY IS TO BE CARRIED BY THE PLACARD IIOWNER. PRESENT IT TO ANY PEACE OFFICER UPON DEMAND. IMMEDIATELY NOTIFY DMV BY PHONE OR MAIL OF ANY CHANGE OF ADDRESS. WHEN PARKING, HANG THE PLACARD FROM, THE REAR VIEW MIRROR. REMOVE TT WHEN DRIVING. PLACATED# : EXPIRES: DOB: ISSUED: TYPE: A164626 06/30/2013 10/11/1951 02/01/11 N1 PLACARD HOLDER: QUIN`;'ERO AIDA M 240 B AVE APT A NATIONAL CITY CA 91950 PURCHASE OF FUEL (BUSINESS & PROFESSIONS CODE 13660): STATE LAW REQUIRES SERVICE STATIONS TO REFUEL A DISABLED PERSON'S VEHICLE AT SELF-SERVICE RATES, EXCEPT SELF-SERVICE FACILITIES WITH ONLY ONE CASHIER. WHEN YOUR PLACARD IS PROPERLY DISPLAYED, YOU MAY PARK IN/ON: *DISABLED PERSON PARKING SPACES (BLUE ZONES) *METERED ZONES WITHOUT PAYING *GREEN ZONES WITHOUT RESTRICTIONS TO TIME LIMITS *STREETS WHERE PREFERENTIAL PARKING PRIVILEGES ARE GIVEN TO RESIDENTS AND MERCHANTS. YOU MAY NOT PARK IN/ON: *RED ZONES *TOW AWAY ZONES *WHITE OR YELLOW ZONES *SPACES MARKED BY CROSSHATCH LINES NEXT TO DISABLED PERSON PARKING SPACES. IT IS CONSIDERED MISUSE: *TO DISPLAY A PLACARD UNLESS THE DISABLED OWNER IS BEING TRANSPORTED "TO DISPLAY A PLACARD WHICII HAS BEEN CANCELLED OR REVOKED *TO LOAN YOUR PLACARD TO ANYONE, INCLUDING FAMILY MEMBERS. MISUSE IS A MISDEMEANOR (SECTION 4461VC)6AND CAN RESULT TN CANCELLATION OR REVOCATION OF THE PLACARD. Lc) (lF PART{ I C. DPrwTT L,' C REMOVE FROM MIRROR BEFORE DRIVING VEHICLE CALIFORNIA "WARNING: The Illegal use of a disabled parking placard could result in a maximum fine of $4,200:" Exp roso m RES JUNE 30 2013 A 164626 PURCHASE OF FUEL (Business & Professions Code 13660) State law requires service stations 10 refuel a disabled person's vehicle at self-service rates, except at service facilities with only one employee on duty. Location Map Install blue curb handicap parking space CO 240 B Ave (looking southwest) — Note: driveway, belongs to neighbor's property 240 B Ave (looking north, from E. 3" St) 9 DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. Hospitals and convalescent homes with more than 75-hed capacity. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall he located to serve a maximum number of facilities on one block. Community service facilities such as senior citizens service centers, etc Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. Employment offices for major enterprises employing more than 200 persons. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9. Other places of assembly such as schools and churches. 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 10 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the arca. Disabled persons parking will not be installed at locations with a full-time parking prohibition_ When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program_ Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas. however, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. 11 (3) Subject residence must not have useable off-street parking available or off-street space available that may he converted into disabled parking. NOTE_It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls Jh a: p 12 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH A SIGN IN FRONT OF THE RESIDENCE LOCATED AT 240 B AVENUE WHEREAS, a resident of 240 B Avenue has requested a blue curb handicap parking space in front of her home because the occupants are disabled and have valid Disabled Person placards; and WHEREAS, after conducting an inspection, staff determined that all conditions have been met for the property to qualify for a blue curb handicap parking space; and WHEREAS, staff recommended to the Traffic and Safety Committee the installation of a blue curb handicap parking space with a sign in front of the residence at 240 B Avenue; and WHEREAS, the Traffic Safety Committee approved staff's recommendation at its February 15, 2012 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of a blue curb handicap parking space with a sign in front of the residence at 240 B Avenue. PASSED and ADOPTED this 6th day of March, 2012. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 6, 2012 AGENDA ITEM NO. 5 'EM TITLE: Resolution of the City Council of the City of National City authorizing the conversion of 40 feet of green curb 15-minute time -restricted parking in front of 229 National City Boulevard (Best Mattress & Furniture Center) to yellow curb "Commercial Loading" (TSC Item No. 2012-0 PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Development Services / APPROVED BY: Engineering 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 February 15, 2012 the Traffic Safety Committee approved the staff recommendation to convert 40 feet of green curb 15-minute time -restricted parking to yellow curb "Commercial Loading". ATTACHMENTS: Explanation Resolution 3. Staff Report to the Traffic Safety Committee (February 15, 2012) Explanation Mr. Jim Marsh, representative for the owner of Best Mattress & Furniture Center, located at 229 National City Boulevard, requested conversion of 40 feet of green curb 15-minute time -restricted parking in front of the business to yellow curb "Commercial Loading". Mr. Marsh stated that there is no parking available on -site for loading and unloading of mattresses and furniture, and provision of a commercial loading zone in front of the business would greatly assist operations. Staff visited the site and confirmed that there is no available parking on the property. Currently, 2-hour time restricted parking is posted on the east side of the block, just south of the green curb 15-minute parking zone. Based on the type of business, staff agrees that yellow curb "Commercial Loading" is more appropriate than green curb 15-minute parking. While commercial vehicles may currently park in the green curb, it is possible that non- commercial vehicles may already be parked there. Provision of yellow curb limits non-commercial vehicles to 3 minutes. Staff recommends conversion of 40 feet of green curb 15-minute time -restricted parking in front of 229 National City Boulevard (Best Mattress & Furniture Center) to yellow curb "Commercial Loading". All work will be completed by City Public Works. TSC 2012-5 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR FEBRUARY 15, 2012 ITEM TITLE: REQUEST FOR CONVERSION OF 40 FEET OF 15-MINUTE GREEN CURB TIME-RESTRICED PARKING TO YELLOW CURB "COMMERCIAL LOADING" IN FRONT OF 229 NATIONAL CITY BOULEVARD (BY: J. MARSH) PREPARED BY: Stephen Manganiello, Engineering Division DISCUSSION: Mr_ Jim Marsh, representative for the owner of Best Mattress & Furniture Center, located at 229 National City Boulevard, has requested conversion of 40 feet of green curb 15-minute time -restricted parking in front of the business to yellow curb "Commercial Loading". Mr. Marsh stated that there is no parking available on -site for loading and unloading of mattresses and furniture, and provision of a commercial loading zone in front of the business would greatly assist operations. Staff visited the site and confirmed that there is no available parking on the property. Currently, 2-hour time restricted parking is posted on the east side of the block, just south of the green curb 15-minute parking zone. Based on the type of business, staff agrees that yellow curb "Commercial Loading" is more appropriate than green curb 15-minute parking. While commercial vehicles may currently park in the green curb, it is possible that non-commercial vehicles may already be parked there. Provision of yellow curb limits non-commercial vehicles to 3 minutes. STAFF RECOMMENDATION: Staff recommends conversion of 40 feet of green curb 15-minute time -restricted parking in front of 229 National City Boulevard (Best Mattress & Furniture Center) to yellow curb "Commercial Loading". EXHIBITS: 1 Correspondence 2. Location Map 3, Photos 2012-5 2 Stephen Manganiello From: Jim Marsh [jmarsh@cfisandiego.com] Sent: Wednesday, November 16, 2011 1:47 PM Stephen Manganiello ct: "Request for Commercial Loading Zone" Attachments: Jim Marsh .vcf; 229 National City Blvd.pdf Stephen, Please consider providing a 50 foot wide loading zone in front of the Best Mattress Building at 229 National City Boulevard. The building has no rear or side access and whenever we get a delivery the truck needs to park and unload on National City Boulevard to bring the merchandise through the front door. There is a green curb now that does not allow unloading. The police on patrol in the area always stop and want to issue a ticket to either me or the truck driver while they are parked and unloading there. We cannot do business without bringing in merchandise to stock the location for sales. This is a hardship that has contributed to declining sales in an already bad economy. Please help. Thanks, Jim Marsh Broker on behalf of the business owner Joe Hernandez Jim Marsh Vice President Commercial Sales & Leasing CDRE Lic. 00584184 10951 Sorrento Valley Rd. Ste. 2A I San Diego CA 92121 (858) 452-1231 main 1 (858) 200-4271 direct (858) 922-1981 cell i (858) 452-7361 fax a)cfisandiego.com isandiego.com canmtaiskN fo6losu t+corpxat 4 11/17/2011 Location Map Convert 40 feet of 15-minute green curb time -restricted parking to yellow curb "Commercial Loading" 2-hour time -restricted parking to remain 229 National City Blvd (looking northeast) 5 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CONVERSION OF 40-FEET OF GREEN CURB 15-MINUTE TIME -RESTRICTED PARKING IN FRONT OF 229 NATIONAL CITY BOULEVARD TO YELLOW CURB "COMMERCIAL LOADING" WHEREAS, a representative of the owner of Best Mattress & Furniture, located at 229 National City Boulevard, requested conversion of green curb 15-minute time -restricted parking in front of the business to yellow curb "Commercial Loading" to accommodate the loading and unloading of delivery trucks because there is no parking available on -site; and WHEREAS, after conducting an inspection and review, staff recommended to the Traffic and Safety Committee that the conversion of 40-feet of green curb 15-minute time - restricted parking in front of 229 National City Boulevard to yellow curb "Commercial Loading" is more appropriate than 15-minute green curb; and WHEREAS, the Traffic Safety Committee approved staff's recommendation at its February 15, 2012 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the conversion of 40-feet of green curb 15-minute time - restricted parking in front of 229 National City Boulevard to yellow curb "Commercial Loading" to accommodate the loading and unloading of delivery trucks. PASSED and ADOPTED this 6th day of March, 2012. 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: March 6, 2012 AGENDA ITEM NO. 6 EM TITLE: Resolution of the City Council of the City of National City authorizing the installation of an additional 20 feet of red curb "No Parking" with "School Bus Loading Only" signs on Lanoitan Avenue, north of E. 24th Street adjacent to Lincoln Acres School, to accommodate loading for up to two special needs school buses (TSC Item No. 2012-4) PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Development Services / APPROVED BY: Engineering 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 February 15, 2012 the Traffic Safety Committee approved the staff recommendation to install an additional 20 feet of red curb "No Parking" with "School Bus Loading Only" signs. ATTACHMENTS: Explanation tesolution 3. Staff Report to the Traffic Safety Committee (February 15, 2012) Explanation Mrs. Elizabeth Gosnell, Principal of Lincoln Acres School, located at 2200 Lanoitan Avenue, requested additional red curb "No Parking" at the south end of Lanoitan Avenue to allow for school bus loading. Staff visited the site and confirmed that 80 feet of red curb currently exists at the south end of Lanoitan Avenue. In order to accommodate loading for up to two special needs school buses, an additional 20 feet of red curb is recommended. This would result in the removal of one 3-Minute Passenger Loading parking space. Per Principal Gosnell's request, staff also reviewed the potential for eliminating' some of the red curb at the north school driveway to create additional parking. Currently 40 feet of red curb exists. The Traffic Safety Committee had concerns about removing any red curb at this location, but supported additional red curb at the south end of Lanoitan Avenue for the school bus loading. Staff recommends installation of an additional 20 feet of red curb "No Parking" with "School Bus Loading Only" signs on Lanoitan Avenue, north of E. 24th Street adjacent to Lincoln Acres School, to accommodate loading for up to two special needs school buses All work will be completed by City Public Works. TSC 2012-4 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR FEBRUARY 15, 2012 ITEM TITLE: 4 REQUEST FOR RED CURB "NO PARKING" ON LANOITAN AVENUE ADJACENT TO LINCOLN ACRES SCHOOL (BY: E. GOSNELL) PREPARED BY: Stephen Manganiello, Engineering Division DISCUSSION: Mrs. Elizabeth Gosnell. Principal of Lincoln Acres School. located at 2200 Lanoitan Avenue, has requested additional red curb "No Parking" at the south end of Lanoitan Avenue to allow for school bus loading. In order to offset the loss of parking, Principal Gosnell has also requested removal of red curb at the north school driveway. Staff visited the site and confirmed that 60 feet of red curb currently exists at the south end of Lanoitan Avenue. In order to accommodate loading for up to two special needs school buses, an additional 40 feet of red curb is recommended. This will result in the removal of two Passenger Loading spaces. Staff also reviewed the potential for eliminating some of the red curb at the north school driveway_ Currently 40 feet of red curb exists. Based on observed traffic volumes and speeds, 20 feet of red curb is appropriate to allow vehicles to exit the staff parking lot. The removal of 20 feet of red curb will result in the addition of one new parking space. These recommended changes will result in a net loss of one parking space. STAFF RECOMMENDATION: Staff recommends the following changes to on -street parking on Lanoitan Avenue adjacent to Lincoln Acres School. 1) Install an additional 40 feet of red curb at the south end of Lanoitan Avenue to accommodate loading for up to two special needs school buses; 2) Remove 20 feet of existing red curb at the north school driveway to increase parking adjacent to the school. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2012-4 2 Stephen Manganiello n: Elizabeth Gosnell <Elizabeth.Gosnell@national.kl2.ca.us> t: Wednesday, December 21, 2011 3:26 PM To: Stephen Manganiello Subject: Red Curbs at Lincoln Acres Ili Steve, Just another reminder of the agenda item for red curbs at Lincoln Acres. Remove red curb at the north end in front of the north parking lot and extend the red curb 40 feet at the south end by 24th street at accommodate bussing of our special needs students. Thank you for your support. We are looking forward to the 14 February Safe Routes Walk to School Day. Please contact us in January with the necessary supplies (ie incentives) and flyers you might have to promote the event. Have a happy ( and safe) holiday season. Sincerely Elizabeth Gosnell, Principal Lincoln Acres School 619-787-7158 3 1 Location Map Lincoln Acres School (2200 Lanoitan Ave) Remove 20 feet existing red curb 20 feet red curb to remain Lanoitan Ave north of G. 24th Street, adjacent to Lincoln Acres School (looking SW) Lanoitan Ave at Lincoln Acres School north driveway (looking NW) 5 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF AN ADDITIONAL 20 FEET OF RED CURB "NO PARKING" WITH "SCHOOL BUS LOADING ONLY" SIGNS ON LANOITAN AVENUE, NORTH OF EAST 24TH STREET AND ADJACENT TO LINCOLN ACRES ELEMENTARY SCHOOL, TO ACCOMMODATE UP TO TWO SCHOOL BUSES FOR THE LOADING AND UNLOADING OF SPECIAL NEEDS STUDENTS WHEREAS, the principal of Lincoln Acres Elementary School, located at 2200 Lanoitan Avenue, requested additional red curb "No Parking" at the south end of Lanoitan Avenue to allow for school bus loading and unloading of special needs students; and WHEREAS, after conducting an inspection and review, staff recommended to the Traffic and Safety Committee the installation of an additional 20 feet of red curb "No Parking" with "School Bus Loading Only" signs on Lanoitan Avenue, north of East 24th Street, adjacent to Lincoln Acres Elementary School, to accommodate up to two school buses for the loading and unloading of special needs students; and WHEREAS, at it's meeting on May 11, 2011, the Traffic Safety Committee approved staff's recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of an additional 20 feet of red curb "No Parking" with "School Buss Loading Only" signs on Lanoitan Avenue, north of East 24th Street and adjacent to Lincoln Acres Elementary School, to accommodate up to two school buses for the loading and unloading of special needs students. PASSED and ADOPTED this 6th day of March, 2012. 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: March 6, 2012 AGENDA ITEM NO. 7 'EM TITLE: Resolution of the City Council of the City of National City authorizing the installation of three green curb 30-minute parking spaces restricted from 8:00am to 6:O0pm, Monday -Saturday, on the west side of Highland Avenue, north of E. 28th Street to create higher parking turnover for customers of local businesses and more efficient enforcement (TSC Item No. 2012-3) PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: development Services / APPROVED BY: Engineering 7 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 February 15, 2012 the Traffic Safety Committee approved the staff recommendation to install three green curb 30-minute parking spaces on Highland Avenue, north of E. 28th Street. ATTACHMENTS: Explanation Resolution 3. Staff Report to the Traffic Safety Committee (February 15, 2012) Explanation Ms. Marisol Gramlich, owner of Ochoa Family Chorizo, located at 2708 Highland Avenue, requested installation of 30-minute parking on Highland Avenue to increase parking turnover for her customers. Ms. Gramlich stated that due to the recent conversion of E. 28th Street to a one- way street, it is difficult for her customers to access parking. In addition, she only has four parking spaces on -site, one of which is a handicap parking space. Staff performed a parking evaluation and concluded that conversion of some of the unrestricted parking on Highland Avenue, just north of Ms. Gramlich's business, would create higher parking turnover for both her customers and customers of local businesses located across the street. Staff recommends installation of three green curb 30-minute parking spaces restricted from 8:O0am to 6:OOpm, Monday -Saturday, on the west side of Highland Avenue, north of E. 28th Street to create higher parking turnover for customers of local businesses and more efficient enforcement. All work will be completed by City Public Works. TSC 2012-3 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR FEBRUARY 15, 2012 ITEM TITLE: 3 REQUEST FOR 30-MINUTE TIME -RESTRICTED PARKING ON HIGHLAND AVENUE, NORTH OF E. 281" STREET (BY: M. GRAMLICH) PREPARED BY: Stephen Manganiello, Engineering Division DISCUSSION: Ms. Marisol Gramlich, owner of Ochoa Family Chorizo, located at 2708 Highland Avenue, has requested installation of 30-minute parking on Highland Avenue to increase parking turnover for her customers. Ms. Gramlich stated that due to the recent conversion of E. 28th Street to a one-way street, it is difficult for her customers to access parking. In addition, she only has four parking spaces on -site, one of which is a handicap parking space. Staff performed a parking evaluation and concluded that conversion of some of the unrestricted parking on Highland Avenue, just north of Ms. Gramlich's business, would create higher parking turnover for both her customers and customers of local businesses located across the street. STAFF RECOMMENDATION: Staff recommends installation of three green curb 30-minute parking space restricted from 8:00am to 6:O0pm, Monday -Saturday, on Highland Avenue, north of E. 28`h Street to create higher parking turnover for customers and more efficient enforcement. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2012-3 Stephen Manganiello r-im: Marisol Gramlich <marisolgramlich@gmaiI com> nt: Friday, February 03, 2012 12:24 PM io: Stephen Manganiello Subject: Parking on Highland Mr. Manganiello, It was a pleasure speaking to you this morning, 1 appreciate your help in regards to this situation. My concern is that with the new configuration of 28th Ave and Highland is that our parking situation has and will continue to deter customers from coming to our business, Ochoa Family Chorizo. The installation of steel dividers by our parking lot exit will cause a heartache for our customers leaving our parking lot. Parking spaces as it is, is very limited and it is difficult to maneuver out of it. With steel posts there, Pm afraid it might make it even more difficult. Would it be possible to widen our entrance? We also talked about additional parking spaces on Highland Ave which would definitely help. I can definitely attend on February 15th. 'thank You, Marisol Gramlich Ochoa Family Chorizo 2708 Highland Ave. :National City, CA 91950 -357-7300 Cell This message is confidential and may be privileged. If you got this by mistake, please delete it and let me know_ Thank you. 1 3 Location Map Ochoa Family Chorizo (2708 Highland Ave) Install 60 feet of green curb 30-min parking Highland Ave, 2600-2700 blocks (looking southwest) 2708 Highland Ave (looking northwest, from E. 28' St) 5 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF THREE GREEN CURB 30-MINUTE SIGNED PARKING SPACES TIME -RESTRICTED FROM 8:00 A.M. TO 6:00 P.M., MONDAY THROUGH SATURDAY, ON THE WEST SIDE OF HIGHLAND AVENUE, NORTH OF EAST 28TH STREET TO CREATE HIGHER PARKING TURNOVER FOR CUSTOMERS OF LOCAL BUSINESS AND MORE EFFICIENT ENFORCEMENT WHEREAS, the owner of Ochoa Family Chorizo, located at 2708 Highland Avenue, requested the installation of 30-minute time -restricted parking on Highland Avenue to create higher parking turnover for customers; and WHEREAS, after conducting an inspection and review, staff recommended to the Traffic and Safety Committee the installation of three green curb 30-minute parking spaces restricted from 8:00 a.m. to 6:00 p.m., Monday through Saturday, on the west side of Highland Avenue, north of East 28th Street, to create higher parking turnover for customers of local businesses and more efficient enforcement; and WHEREAS, the Traffic Safety Committee approved staff's recommendation at its February 15, 2012 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of three green curb 30-minute parking spaces restricted from 8:00 a.m. to 6:00 p.m., Monday through Saturday, on the west side of Highland Avenue, north of East 28th Street, to create higher parking turnover for customers of local businesses and more efficient enforcement. PASSED and ADOPTED this 6th day of March, 2012. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 6, 2012 AGENDA ITEM NO. 8 -EM TITLE: Resolution of the City Council of the City of National City authorizing the installation of one green curb 30-minute parking space restricted from 8:00am to 6:00pm, Monday -Saturday, in front of 619 E. 16th Street (16t St Barber Shop) to create higher parking turnover for customers and more efficient enforcement (TSC Item No. 2012-2 PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Development Services / APPROVED BY: Engineering 7 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 February 15, 2012 the Traffic Safety Committee approved the staff recommendation to install one green curb 30-minute parking space in front of 619 E. 16th Street. ATTACHMENTS: Explanation G. Resolution 3. Staff Report to the Traffic Safety Committee (February 15, 2012) Explanation Ms. Mary Gonzales, owner of 16th St Barber Shop, located at 619 E. 16th Street, requested installation of 30-minute parking in front of her business to increase parking turnover for her customers. Ms. Gonzales stated that vehicles from nearby residences, including the apartment complex across the street, often park in front of her business for extended periods of time, taking away parking from her customers. Staff visited the site and confirmed that there is no available parking on the property. Currently, 2-hour time restricted parking is posted on the north side of the block. Installation of 30-minute time restricted parking is appropriate for local businesses to encourage higher parking turnover and more efficient enforcement. Staff recommends installation of one green curb 30-minute parking space restricted from 8:OOam to 6:OOpm, Monday -Saturday, in front of 619 E. 16th Street (16th St Barber Shop) to create higher parking turnover for customers and more efficient enforcement. All work will be completed by City Public Works. TSC 2012-2 1 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR FEBRUARY 15, 2012 ITEM TITLE: REQUEST FOR 30-MINUTE TIME -RESTRICTED PARKING IN FRONT OF 619 E. 16TH STREET (BY: M. GONZALES) PREPARED BY: Stephen Manganiello, Engineering Division DISCUSSION: Ms. Mary Gonzales, owner of 16`r' St Barber Shop, located at 619 E. 161 Street. has requested installation of 30-minute parking in front of her business to increase parking turnover for her customers. Ms. Gonzales stated that vehicles from nearby residences, including the apartment complex across the street, often park in front of her business for extended periods of time, taking away parking from her customers. Staff visited the site and confirmed that there is no available parking on the property. Currently, 2-hour time restricted parking is posted on the north side of the block. Installation of 30-minute time restricted parking is appropriate for local businesses to encourage higher parking turnover and more efficient enforcement. STAFF RECOMMENDATION: Staff recommends installation of one green curb 30-minute parking space restricted from 8:00am to 6:OOpm, Monday -Saturday, in front of 619 E. 16"' Street (16`k St Barber Shop) to create higher parking turnover for customers and more efficient enforcement. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2012-2 2 Stephen Manganiello m: mary gonzales <rnier92113@yahoo.com> it: Tuesday, January 24, 2012 4:53 PM To: Stephen Manganiello Subject: parking inforced Hi this is Mary Mier 1 am writing regarding my business on 619 E. l6th street. 1 own the Barber Shop at this location. I find that lately we are faced with residents of the apartments across the street using this area as their parking lot. Right in front of the Barber Shop is a sign where cars are suppose to park for up to two hours. Yet this people will park there all day. On many occasions this past year I have contacted the National City traffic police to address this issue. I called this morning and was told to contact you regarding a possible painting of the curb that allows people to park for 30 minutes during business hours. I would really appreciate your time on this matter, I feel that I am losing business because my customers do not have anywhere to park. Thank you in advance for your time on this matter, please feel free to call me at your convenience, 619-384- 5568 3 Location Map Install green curb 30-min parking space 619 E. 16` 1 St (looking west) 5 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF ONE GREEN CURB 30-MINUTE SIGNED PARKING SPACE TIME -RESTRICTED FROM 8:00 A.M. TO 6:00 P.M., MONDAY THROUGH SATURDAY, IN FRONT OF 619 EAST 16TH STREET TO CREATE HIGHER PARKING TURNOVER FOR CUSTOMERS AND MORE EFFICIENT ENFORCEMENT WHEREAS, the owner of 16th Street Barber Shop, located at 619 East 16th Street, requested the installation of 30-minute time -restricted parking in front of the business to create higher parking turnover for customers; and WHEREAS, after conducting an inspection and review, staff recommended to the Traffic and Safety Committee the installation of one green curb 30-minute parking space restricted from 8:00 a.m. to 6:00 p.m., Monday through Saturday, to create higher parking turnover for customers and more efficient enforcement; and WHEREAS, the Traffic Safety Committee approved staffs recommendation at its February 15, 2012 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of one green curb 30-minute parking space restricted from 8:00 a.m. to 6:00 p.m., Monday through Saturday, to create higher parking turnover for customers and more efficient enforcement. PASSED and ADOPTED this 6th day of March, 2012. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney City of National City, California COUNCIL AGENDA STATEMENT IIIEETING DATE March 6, 2012 AGENDA ITEM NO. 9 ITEM TITLE A resolution of the City Council of the City of National City approving an Encroachment Permit and Agreement with Chevron Environmental Management Company for the installation of four (4) units groundwater monitoring wells located in the public right of way. PREPARED BY Mauro Nebreja EXPLANATION DEPARTMENT Dev. Services Dept EXT. 4 80 On behalf of Chevron Corporation, Stantec Consulting Company is proposing four (4) units groundwater monitoring wells adjacent to 105 West 8'h Street, National City where the former Chevron Service Station 9-8225 was located. Per attached site plan, one (1) unit will be installed on West 8`h Street, one (1) unit in Hoover Ave, one (1) unit in West 9`h Street, and one (1) unit in the alley between Hoover Avenue & Roosevelt Avenue. An encroachment Permit and Agreement was signed by Chevron, a fee was paid and a notarized copy of the agreement was submitted together with a liability insurance certificate and copy of applicable performance bonds. The documents were reviewed by the Legal Department and staff recommendation is to approve the Encroachment Permit and Agreement. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) Resolution No. 1. Notarized Encroachment Permit and Agreement 5. Faithful Performance Bonds 2. Receipt of Fee Paid 3. Exhibit A 4. Insurance Certificate A-200 (Rev. 7/03) MONITORING WELL ENCROACHMENT PERMIT AND AGREEMENT The City of National City hereby grants an Encroachment Permit to the undersigned, Chevron Environmental Management Company (hereinafter referred to as "PERMITTEE") in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code to install monitoring wells. The term "PERMITTEE" includes all successors in interest and assigns of the PERMITTEE. The PERMITTEE, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain MONITORING WELLS (all hereafter designated from time to time as an "encroachment") within or upon a CITY easement, property, or right-of-way for the use and benefit of PERMI ]TEE' S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of PERMITTEE'S encroachment are described in EXHIBIT A, attached. The terms and conditions under which the encroachment is to he installed and maintained are as follows: 1. This Encroachment Permit and Agreement (collectively hereafter, AGREEMENT) is made for the direct benefit of PERMITTEE and PERMITTEE's property described above, and the covenants herein contained shall be binding on the PERMITTEE and its assigns and successors. This AGREEMENT is issued pursuant to Chapter 13.12 of the National City Municipal Code, the terms of which PERMITTEE hereby specifically acknowledges, accepts, and agrees to. PERMITTEE also acknowledges that those terms and conditions include, without limitation, the CITY's right to require the removal, relocation, or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer, at PERMITTEE's expense. The terms and conditions of Chapter 13.12 shall govern the interpretation and application of this Encroachment Permit, the maintenance of the encroachment, and the PERMITTEE'S duties and obligations. In the event of litigation to enforce any of the terms and conditions of this permit, the CITY shall be entitled to its attorney's fees and costs of enforcement. A copy of this Encroachment Agreement may be recorded against the PERMITTEE's real property that may be benefited by the installation and maintenance of the encroachment. Upon request by CITY, PERMITTEE shall record this Encroachment Agreement with the County of San Diego, County Recorder's Office, and upon recordation shall return the original to the CITY. 2. The encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk, and responsibility of PERMITTEE and all successors in interest, so long as the encroachment exists. 3. Upon notification in writing by CITY's City Engineer, the above described encroachment shall be abandoned, removed, or relocated by PERMITTEE at the PERMITTEE's sole expense. If PERMITTEE fails to remove or relocate the encroachment herein permitted within thirty (30) days after notice of removal or relocation from the CITY, CITY may cause such removal or relocation to be done at PERMITTEE's sole cost and expense, which cost shall be a lien upon the land benefited by the encroachment and the personal liability of the PERMITTEE,. 4. PERMITTEE shall furnish the CITY with a faithful performance bond as security for the prompt completion of the installation, removal, abandonment, and all appurtenant operations, including any necessary subsequent street resurfacing or restriping required for installing or maintaining the encroachment, which bond shall be maintained so long as the encroachment exists. 1 5. CITY shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of PERMITTEE's construction, installation, maintenance, repair, use, operation, condition, or dismantling of the monitoring wells or the encroachment except to the extent caused by CITY's sole negligence or willful misconduct. 6. PERMITTEE shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of PERMTTTEE's and others entry upon and use of CITY's easement or right- of-way for the installation, maintenance, removal; and use of the PERMITTEE's encroachment. PERvITTTEE shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, claims, demands, suits, clean-up costs, and defense costs, including attorneys' fees and expert witness fees, arising out of or related to PERMITTEE's monitoring wells subject to this Agreement, except for those claims which arise out of the sole negligence or willful misconduct of the CITY. 7. Insurance. PERMITTEE shall take out and maintain, during the time the encroachment remains on CITY's easement or right-of-way, commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000.00) per occurrence, and Four Million Dollars ($4,000,000) aggregate, covering all claims of bodily injury, including death, and property damage arising out of this Agreement. PERMITTEE shall take out and maintain, during the time the encroachment remains on CITY's easement or right-of-way, pollution liability coverage with minimum limits of Three Million Dollars ($3,000,000) per occurrence covering all claims of bodily injury, including death, and property damage arising out of this Agreement. PERMITTEE shall take out and maintain workers' compensation insurance covering all of PERMITTEE's employees, with limits sufficient to satisfy California statutory requirements. In addition, PERMITTEE shall take out and maintain employer's liability coverage with limits of not less then One Million Dollars ($1,000,000) per occurrence. The policy shall be endorsed with a waiver of subrogation as to the CITY. All policies required by this Agreement shall be written by insurers licensed to do business in the State of California, which are rated at least "A, Vll" by the current A.M Best Ratings Guide and otherwise approved by CITY's Risk Manager. Coverage written by non -admitted, surplus lines carriers may be acceptable provided the insurer is included in the most recent California List of Eligible Surplus Lines Carriers (LESLI list) and otherwise meets CITY insurance requirements. Coverage shall be written on occurrence forms; in the event coverage is written on a claims made form, the retro date must be on or before commencement of this Agreement, and coverage must be maintained for a period of at least three (3) years following the termination of this Agreement. All deductibles and/or self -insured retentions must be disclosed on the certificate of insurance. These policies shall name CITY and its officers, agents, and employees as additional insureds, and shall constitute primary insurance as to CITY and its officers, agents, and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, PERMITTEE shall furnish CITY a certificate of insurance with all required endorsements evidencing the coverage required by this section. Should PERMITTEE fail to do so, CITY may elect to obtain such coverage at PERMITTEE'S expense or immediately terminate this Agreement, and require removal of the encroachment. 8. PERMITTEE is further responsible for obtaining any required construction, excavation, or building permits; for notification to Underground Service Alert, when applicable; and for the safe installation and maintenance of the encroachment at all times. 2 Encroachment Permit and Agreement Monitoring Well Chevron Facility No. 9-8225 3 9. This Encroachment Permit shall not be valid nor confer any rights to install and maintain an encroachment until it is approved by the CITY, and accepted and acknowledged by the PERMITTEE, and if determined necessary by the CITY, recorded. 10. PERMITTEE shall within 48 hours upon written notification by the CITY adjust, or cause to adjust the top of the wells on West 8'' Street, 9th Street, Hoover Avenue, or the alley located between Roosevelt and Hoover Avenues, if and when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operations. 11. PERMITTEE shall provide and maintain adequate traffic control at the sole cost, risk and responsibility of PERMITTEE and successor in interest, during the course of the construction of the wells, and the monitoring and sampling periods or any other operation within the CITY right-of-way. PERMITTEE shall hold CITY harmless with respect thereto. 12. PERMITTEE shall notify the CITY in writing of any proposed change in the location of the wells prior to installation. PERMITTEE shall obtain additional permits for any such changes from the CITY prior to the commencement of work. 13. PERMITTEE shall apply to the City Engineer for a construction permit prior to the installation of the wells on West 8'1' Street, 9's Street, Hoover Avenue, or the alley located between Roosevelt and Iloover Avenues, and for subsequent adjustments. 14. All operations conducted by the PERMITTEE on the CITY premises, including monitoring and sampling of the wells and running of equipment shall be limited to the hours set by the City Engineer, and there shall no deviations from these hours. 15. PERMITTEE shall notify all adjacent residential and commercial developments as to the intended construction, and shall post notices indicating the type and the hours of construction and all other subsequent work. The PERMITTEE shall diligently proceed to complete. all work with a minimum of inconvenience to the public. 16. At least 48 hours prior to start of construction, PERMITTEE shall contact Underground Service Alert for all underground utility mark -out. It shall be the responsibility of the PERMITTE.F, to locate all substructures and protect them from damage. The expense or repair or replacement of said substructures shall be solely borne by the PERMITTEE, and the CITY shall be held harmless with respect thereto. 17. The PERIvIITTEE shall be responsible for the prevention of damage to the adjacent property. No person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley, or any other public or private property without supporting and protecting such property from settling, cracking, erosion, silting, scour, or the damage which might result from the PERMITTEE's operations. 18. The PERMITTEE shall design, construct, and maintain all safety devices, including shoring, and shall be solely responsible for confonning to all local, state, and federal safety and health standards, laws, and regulations. 19. The proposed wells may exist in the public right-of-way for a maximum of two years. The PERMITTEE shall inform the CITY if additional time will be required for groundwater monitoring, and shall obtain the CITY's written approval for any time extension. 3 4 Encroachment Permit and Agreement Monitoring Well Chevron Facility No_ 9-8225 20. . PERMITTEE shall notify the CITY in writing at least 48 hours prior of any intended monitoring of the wells to be conducted during the length of this encroachment. Such notification shall contain the time and date of the intended sampling, and shall be subject to the approval of the CITY. 21. PERMITTEE shall deposit a sum equal to $2,000.00 in the CITY's account, to be used only for emergency purposes, prior to the approval of this Encroachment Agreement. 22. The well caps installed under this perrnit shall have information printed giving the name and phone number of the responsible entity in charge of the installation and maintenance of the wells. 23. The PERMITTEE shall provide the CITY with a copy of the site assessment and remediation report; a copy of the Department of Health Services, County of San Diego response; and the site remediation completion report. The report shall show the extent of ground water and/or soil contamination, if any. Dated: CITY OF NATIONAL CITY PERMITTEE: Chevron Environmental Management Company Ron Morrison, Mayor Entity/ ompan Mai Andrew Noel, Assistant Secretary Name & Title ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERMITTEE/APPLICANT INFORMATION: Eric Roehl Person in Responsible Charge 714-349-6943 24/7 Phone Number Chevron Environmental Management Company Firm Name Mailing Address: 145 S. State College Blvd, 4400, SS # 9-8225 Brea, CA 92822 PLAT SHOWING LOCATION OF WELL HEADS OR OTHER STRUCTURES, EASEMENT, OR RIGHT-OF- WAY, AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXIIIBIT "A", ATTACHED 4 Encroachment Permit and Agreement Monitoring Well Chevron Facility No. 9-8225 5 ACKNOWLEDGMENT State of California County of C)‹ '� On ��e. _O.o, v- i, Z0\l before me, 12i1rx_CC- o (insert name and t tIe of the officer) personally appeared rl o. l who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are- subscribed to the within instrument and acknowledged to me that he/shetthey executed the same in his/herhheir authorized capacity(ies), and that by his/he�,�,itheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct_ WITNESS my hand and official seal. Signature REBECCA MCLAUGHLIN ti. Commission # 1853883 L = r, Notary Public - California z z1 • T�''' Orange County (Seal) a_ , ,� ` My Comm. Expires Jun 13_2013 6 DEVELOPMENT SERVICES DEPARTMENT ENGINEERING DIVISION REVENUE TRANSMITTAL Date: N I /1 // Permit No. Name of Business/Person Paying: ti CM 5Q ft APN No.(s) Project Name: / h ( /Mil ) h v Ve/ S' i-- 37_ 2g, 1 Project Address: / " � E g , / �{ GUe: i Ici l%� 7,, Purpose Staff L.� T&A Cross Reference No, No. Price Total Account Number Record of Survey X $796.00 001-06029-3634 Encroachment Agreement ( X $490.00 l/ /0 , fl)001-06029-3634 Enforcement X Various 001-06029-3204 Special Driveway Permit X $368.00 001-06029-3130 Easement Check X $796.00 001-06029-3634 Lot Line Adjustment X $1,259.00 001-06029-3634 Sidewalk, Driveway, Curb Permit X $297.00 001-06029-3130 Deferral X $670.00 001-06029-3634 Sewer Permit X $381.00 001-06029-3125 Flood Hazard Area Permit X $201.00 001-06029-3147 Construction Permit (Grading) ( X $396.00 3 96, , .OP 001 06029 3142 Annual Parking District Renewal X $35.00 001-06029-3146 Traffic Impact Study Review <3000 vehicles X $3.416.00 001-06029-3557 Traffic Impact Study Review >3000 vehicles X $6,833.00 001-06029-3557 Rev. 9/27/11 7 Plan Copy Service X $21.00 001-06029-3634 Engineering Compliance Fee X $553.00 001-06029-3634 Investigation Fee X $170.00 001-06029-3634 Utility Company Permit Fee X $512.00 001-06029-3160 Traffic Control Plan Check / X $476.00 Z-7' • . ��- 001-06029-3557 Construction Fines & Penalties X Various 001-06029-3204 Transportation Permits X $90/$16 001-06029-3144 Sale of plans & specifications X Various 001-06029-3528 Storm Water Fee X Various 001-06029-3547 Copies (first page) X $1.00 001-06029-3634 Copies, additional page, standard 81/2x11 Copies, additional page, color, 8 1/2 x 11 Copies, additional page, Oversize, standard Copies, additional page, Oversize, color $0.15, X each 001-06029-3634 $0.25, X each 001-06029-3634 $.50, X each 001-06029-3634 $1.00 X each 001-06029-3634 Total Transmitted - 6 2 : Rev. 9/27/11 CITY OF NATIONAL CITY Finance Department 619 336-4330 National City 56 / 29196 11/07/2011 11:58:09.000 Reg WXP-CASHO2 Validation Receipt CHARGES- 001-06029-3142 EG GRADING PERMITS $ 001-06029-3634 GF2136 project -monitoring$ 001-00000-3650 ZCLEAR 001-06029-3557 $ 396.00 490.00 476.00 Sub -total $*******1362.00 PAYMENT - Check - 2899 $ 490.00 stantec consulting Check - 2897 $ 396.00 stantec consulting Check - 2898 $ 476.00 stantec consulting Change $**********0.00 THANK YOU! Business Hours: 7:00 - 6:00 Monday Through Thursday Closed on Fridays 9 MONITORING WELL INSTALLATION QUESTIONS 1) What is the time of completion of the drilling and well construction? 5 days (One day to sawcutlair-knife. One day per well to install.) 2) What is the time required to install each well? One day per well 3) How long will the wells remain in the street? Until the County of San Diego Department of Environmental Health closes the UAR case. 4) How long will the abandonment of the wells be? (time frame) One day for all wells. 5) How often will the wells be monitored and sampled? Semi-annually 6) How long will it take to purge and sample each well? Approximately 2 hours per well. 7) Who will be responsible for removing the wells from the public right-of- way and restoring the street? Chevron Environmental Management Company 145 S. State College Blvd, #400, SS # 9-8225 Brea, CA 92822 8) Who will be responsible for top of well head adjustments? Chevron Environmental Management Company 10 S. 2011 at 11:46ILayout. A SIZE PORTRIAT SP;8.5 x 11.dwgl tl 1\Chevroo9-8225-2011 CV 9 0 0- M e\ CADD;GIS q8 W-28-P `VI r .0.1,V 24' L7 S PpE ✓_1_ tit O� W-265K W-25 t".‘ • \ \ S\O,SGP� \ -\"i 1 W-19 PgK vox PROp�a \ LEGEND: O W-14� MW-15 W-4 0 W-11 W-28-P MW-19 Rf MW-4 CHEVRON GROUNDWATER MONITORING WELL CHEVRON DESTROYED GROUNDWATER MONITORING WELL PROPOSED GROUNDWATER MONITORING WELL THRIFTY GROUNDWATER MONITORING WELL THRIFTY DESTROYED GROUNDWATER MONITORING WELL AS-4NE-4 ■ CDC-12 tSi AIR SPARGING/VAPOR EXTRACTION WELLS COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY (CDC) WELLS PROPERTY BOUNDARY UNDERGROUND TRAFFIC LOOPS DIRECTION OF TRAFFIC 9 h 0 \10 MW-20 W-1 60 120 APPROXIMATE SCALE IN FEET M x 1— a w LL Stantec 9179 AERO DRIVE SAN DIEGO, CAUFORNIA PHONE: (619) 296-6195/2988199 (FAX) PREPARED FOR: FORMER CHEVRON SERVICE STATION No. 9-8225 105 West 8th Street National City, California JOB NUMBER: 211802582 DRAWN BY: JA EXHIBIT: SITE PLAN WITH PROPOSED MONITORING WELL LOCATIONS A CHECKED BY IAPPROVED BY: DATE: 08/09/2011 CV98225 20110118 SP(updated).dwg 2011 Stontec Consulting 11 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/01/2011 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 AON REED STENHOUSE, INC. AON RISK SERVICES CENTRAL, INC_ 900 - 10025 -102A AVENUE EDMONTON, AB T5J 0Y2 INSURED STANTEC CONSULTING CORP. 9179 AERO DRIVE SAN DIEGO CA 92123-2411 NAME FRANK NORANTE PHONE (NC No Eat): 1-800-444-3017 VC No):952-656-8834 ADDRESS: FRANK.NORANTE@AON.COM INSURER(S) AFFORDING COVERAGE INSURER A. ZURICH AMERICAN INSURANCE COMPANY INSURERS: ZURICH AMERICAN INSURANCE COMPANY INSURER C. ZURICH INSURANCE COMPANY INSURER D: ZURICH AMERICAN INSURANCE COMPANY INSURER E: NAIC # 16535 16535 16535 16535 INSURER F' COVERAGES CERTIFICATE NUMBER: 405 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 PERTAN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSft TYPE OF INSURANCE ADDL SURR POLICY EFF LTRINSR WVD POLICY NUMBER (MM/DDIYYYY) A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I XX, OCCUR X 1 CONTRACTUAUCROSS X OWNERS & CONTRACTORS GEN'L AGGREGATE LIMIT APPLIES PER: POLICY I X JECC( X LOC B AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS HIRED AUTOS C D SCHEDULED AUTOS NON -OWNED AUTOS GL06556026 XCU COVER INCLUDED 05/01/11 BAP5940882 UMBRELLA LIAB X OCCUR X EXCESS LIAB CLAIMS -MADE DEO I X 1 RETENTION $10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTV OFFICER/MEMBER EXCLUDED? �P/ I (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 8831307 EXCESS GENERAL. AUTO ANL) EMPLOYERS LIABILITY (FOLLOW FORM) WC5940881 11/01/11 (MMf/DD/YY Y 05/01/12 11/01/12 LIMITS EACH OCCURRENCE $ DAMA ETSREN -s PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY S GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ COMBINED SIN 'LE LI TT Ea accident 2,000,000 300,000 10 000 2 000,000 4,000,000 2,000,000 1,000, 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) PR s• RTY DAMAGE (Per accident) $ 05/01/11 05/01/12 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 11/01/11 11/01/12 WCSTATU[ OTH- C4RILEMITS 1 I E L. EACH ACCIDENT 1,000, 000 E.L- DISEASE - EA EMPLOYEE $ 1,000, 000 E,L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) SAN DIEGO CA. STANTEC PROJECT #: 211802582, PROJECT NAME: FORMER CHEVRON SERVICE STATION NO. 9-8225 - ENCROACHMENT PERMIT. THE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, AGENTS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSUREDS BUT ONLY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED. CERTIFICATE HOLDER CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY CA 91950 ACORD 25 (2010/05) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 12 AR o® CERTIFICATE OF LIABILITY INSURANCEREVISED DATEIMM/DD/YYYY) 0/06/2011 -rum r;ERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS FICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES V. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED rccrn.SENTATIVE 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 MARSH CANADA LIMITED 2260, 10180 - 101 STREET EDMONTON, AB T5J 3S4 CONTACT NAME MICHAEL POPLETT NNo Fxt 780-917-4850 j C He) 780-429-1422 ADOREss: MICHAEL POPLETT@MARSH_COM NAIC ft INSURER(S) AFFORDING COVERAGE INSURER A INSURED STANTEC CONSULTING CORP. 9179 AERO DRIVE - SAN DIEGO CA 92123-2411 INSURER B'. INSURER 37540 INSURER D INSURER E. LLOYD'S OF LONDON INSURER F. COVERAGES CERTIFICATE NUMBER: 386 REVISION NUMBER: THIS IS TO CERTIFY THAT THE INDICATED. NOTWITHSTANDING CERTIFICATE MAY BE ISSUED EXCLUSIONS AND CONDITIONS jI.TR TYPE OF INSURANCE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS OR MAY PERTA N, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, OF SUCH POLICIES. LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IR ANSDLR SWVD POI ICY NUMBER IUBR MM/DDY/YYYYI iMM DDT) LIMITS GENERAL `—' LIABILITY COMMERCIAL GENERAL CLAIMS -MADE LIABILITY _ OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ GEN'L PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ AGGREGATE LIMIT APPLIES PER. POLICY ECOT LOC PRODUCTS • COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED I SCHEDULED AUTOS AUTOS IiIREO AUTOS I NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea acudent) BODII Y INJURY (Per person) $ $ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAR EXCESS LIAR O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ 5 DED RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXFCUTIVF� OFFICER/MEMBER EXCLUDED, (Mandatory in NH) -- If yes, descrbe under DESCRIPTION OF OPERATIONS below NIA WC STATU- OTH- TORY LIMITS ER E. L. EACH ACCIUEN I E.L. DISEASE - EA EMPLOYEE 5 $ E L. DISEASE - POLICY LIMIT $ E PROFESSIONAL LIABILITY INCLUDING ENVIRONMENTAL N/A 0F033111 NO RETROACTIVE DATE 08/01/11 08/01/12 CLAIM & AGGREGATE LIMIT 52,000,000 INCLUSIVE OF COSTS CLAIMS MADE BASIS DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) SAN DIEGO CA. STANTEC PROJECT #: 211802582, PROJECT NAME: FORMER CHEVRON SERVICE STATION NO. 9-8225 - ENCROACHMENT PERMIT. CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 13 Bond No 070010481 PRIVATE CONTRACT BOND - CITY OF NATIONAL CITY FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS: THAT Chevron Environmental Management Company of San Ramon, California as Principal, and Safeco Insurance Company of America a surety authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF NATIONAL CITY, CALIFORNIA, in the sum of Two Thousand and 00/100 Dollars ($ 2,000.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The conditions of the foregoing obligation is such that, whereas the above -bounded Principal is to obtain a drilling permit from the CITY OF NATIONAL CITY, CALIFORNIA, to do and perform the following work, to wit: Encroachment Permit for life span of wells located at Chevron, no. 9-8225, 105 West 8th St., National City, CA 91950 (Currently 133 West 8th Street) NOW, THEREFORE, if the above -bounden Principal shall faithfully perform said work, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED AND SEALED this 11 th day of APPROVED AS TO FORM: BY r`: [MIA G. SILVA TY ATTORNEY October 20 11 Chevron Environmental Management Company Title. ��is�i r1 7! e�su rer Safeco Insurance Company of America (Surety) By:`�'o� Marina Tapia Attorney -in -Fact F—) (Attach Notary Acknowledgment for Attorney -in -Fact ) Address to which notice to Surety should be sent: 1001 4th Avenue, #1700 Seattle, WA 98154 14 CALIFORNI/ TALL PURPOSETACKNOWLEDGME.,. State of California County of Los Angeles On OCT 11 2011 before me, B. Aleman, Notary Public, personally appeared Marina Tapia who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) B ALEMAN Commission f 1774647 Notory Public . California I Los Angeles County Comm.af2UCH Signature B. eeman; Notary Public 15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CAt IFORNIA County of Contra Costa } On October 13, 2011 before me, Date personally appeared Uriel Oseguera KIM 00 Commission # 1951686 Notary Public - California Contra Costa County My Comm Expires Sep 10, 2015 Kim Do Notary Public I lere Insert Name and Title of the Officer Names) of Signer(s) Place Notary Seal Above who proved to m on the basis o tisfactory evidence to be the person (s`) whose name fare subscrkiacci to the within instrument and a knowledged to me that he/the executed the ame i er/their a horized capacity(i and that y(/her/their signature on the instrumen the person r the entity upon behalf of which the persor acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond #070010480, Private Contract Bond -City of National City -Faithful Performance Document Date: October 13, 2011 Number of Pages: 1 Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer(s) Signer's Name: Uriel Oseguera ❑ Individual Ri Corporate Officer Title(s):Assistant Treasurer ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. - Signer Is Representing: Chevron Environmental Management Company RIGHTTHUMBPRINT OF SIGNER, •;: Top of thumb here Signer's Name: Li Individual ❑ Corporate Officer— Citle(s): ❑ Partner Li Limited ❑ General ❑ Attorney in Fact.% LI Trustee f,r ❑ Guardian or Conservator ❑ Other: % S) ner Is Representing. RIGHTTHUMBPRINT OF SIGNER . Top of thumb here ��'���t>��,-�:�.�c:��`-v�=��>�;���cc> u;�>1`-G��c.�'�,Y'�,�<�,�c.•�,:��cc�c�-��,�'-Gr��c t,��`< �;'�v�= �:�,c 16 'THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4542752 TKrs Power of Attorney limits the acts of those named herein, and They have no authority to bind the Company except in the manner and to the extent herein stated. SAFECO INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: Ihat Safeco Insurance Company of America (the "Company"), a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint E. S. ALBRECHT, JR., TRACY C. ASTON, C. K. NAKAMURA, LISA L. THORNTON, MARIA PENA, MARINA TAPIA, EDWARD C. SPECTOR, KD CONRAD, BRENDA WONG, SIMONE GERHARD, NOEMI QUIROZ, B. ALEMAN, ALL OF THE CITY OF LOS ANGELES, STATE OF CALIFORNIA , each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding SEVEN HUNDRED FIFTY MILLION AND 00/100^""** ****** DOLLARS ($ 750,000,000.0V************* ******) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV - Execution of Contracts: Section 12. Surety Bonds and Undertakings. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in - fact, suoject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -tact: Pursuant to Article IV, Section 12 of the By-laws, Garnet W. Elliott, Assistant Secretary of Safeco Insurance Company of America, is authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. "/ITNESS WHEREOF this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of co Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 26th day of April D11 SAFECO INSURANCE COMPANY OF AMERICA By Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUN I OF MONTGOMERY On this 26th day of April , 2011 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged that he is an Assistant Secretary of Safeco Insurance Company of America; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Safeco Insurance Company of America thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREO first above written. CERTIFICATE htave'heFeyn subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year Tere a Pastella Notary Public I, the undersigned, Assisi afg¢r�tOf Safeco Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, true and c ct"rrpy, is in lull force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article IV, Section 12 of the By-laws of Safeco Insurance Company of America. This certificate and the above power of attorney may he signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Safeco Insurance Company of America at a meeting duly called and held on the 18th day of September, 2009. VOTED that the tacsirnile or rnechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESkitQN IH ¢I D�F, I have hereunto subscribed my na ,..„prftixed the corporate seal of the said company, this day of ff jj IJ f David M. Carey, A sly stanl Secretary N N -N 3 -0 c C _ 0 �a U to >,W c E O 0 Q •- 0v c O E a. co c O 0) 0 mz e m.0 > 0 d aLN co EN C) O 0 0 0 JACK MILLER DIRECTOR August 22, 2011 Luuut . of Sall DEPARTMENT OF ENVIRONMENTAL HEALTH LAND AND WATER QUALITY DIVISION P.O. BOX 129261, SAN DIEGO, CA 92112-9261 858-505-6700/1-800-263-9933 wwwsdcdeh.org Mr. Eric Roehl Chevron Products Company P.O. Box 2292 Brea, California 92822-2292 Dear Mr. Roehl: ELIZABETH POZZEDON ASSISTANT DIRECTOR UNAUTHORIZED RELEASE #H13517-001 WORKPLAN APPROVAL 105 WEST 8TH STREET, NATIONAL CITY, CALIFORNIA 91950 This letter has been prepared in accordance with the requirements set forth in Title 23 (State Underground Storage Tank Regulations), Division 3, Chapter 16, Article 11, Section 2722. The purpose of this letter is to notify the Responsible Party of the status of the Workplan received by the County of San Diego, Site Assessment and Mitigation Program (SAM), on June 13, 2011. The Workplan, dated June 10, 2011, prepared by Stantec Consulting Corporation (Stantec), covers one of the following phases of corrective action: Preliminary Site Assessment ( ) Soil and Water Investigation (X) Corrective Action Plan ( ) Verification Monitoring ( ) Interim Remedial Action ( ) The Workplan, that proposes the installation of four groundwater monitoring wells, has been: () approved. ( ) disapproved -call the undersigned for further instructions. (X) approved with the following changes or conditions: • In additional to the proposed soil sampling criteria, samples should also be collected at changes in lithology, if contamination is observed, the capillary fringe, and at depths where contamination had been observed during previous investigations. This approval is valid for 90 days from the date of this letter Keep this letter for your records as it may be required for corrective action cost reimbursement under Senate Bill 2004 (California Health and Safety Code, Division 20, Chapter 6.75, Article 6). i ;'mer,[;.l and :< S. p ura science' 18 e Mr. Eric Roehl - 2 - August 22, 2011 Asa reminder, please continue submitting all of the soil and groundwater data electronically into GeoTracker based on our letter dated July 13, 2005. The need for further site characterization and mitigation actions will be determined following evaluation of the written report. If you have any questions, please call me at (858) 505-6978. Sincerely, (. mot. lY CRAIG M. BURNETT, PG 8182 Environmental Health Specialist Site Assessment and Mitigation Program CMt3:kd cc: Larry Higinbotham, Thrifty Oil Corporation Patricia Beard, Community Development Commission of National City Brian Waite, Stantec WPM13517-001-811 WPA 19 Bond No. 070010480 PRIVATE CON TRACT BOND - CITY OF NATIONAL CITY FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS: THAT Chevron Environmental Management Company of San Ramon, California as Principal, and Safeco Insurance Company of America a surety authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF NATIONAL CITY, CALIFORNIA, in the sum of Two Thousand and 00/100 Dollars ($ 2,000.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The conditions of the foregoing obligation is such that, whereas the above -bounded Principal is to obtain a drilling permit from the CITY OF NATIONAL CITY, CALIFORNIA, to do and perform the following work, to wit: Encroachment Permit for Installation of Wells located at Chevron, no. 9-8225, 105 West 8th St., National Cily, CA 91950 (Currently 133 West 8th Street) NOW, THEREFORE, if the above -bounden Principal shall faithfully perform said work, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED AND SEALED this 11 th day of APPROVED AS TO FORM: BY: CIIAUDTA G. sILvA CITY ATTORNEY October 20 11 Chevron Environmental Management Company (Name pf P iiJ By: Uri cf Ose5ti der Title: A5615ta,'rt 7 rnu c)Arc -- - Safeco Insurance Company of America (Surety) By:RhrxQeo� Marina Tapia Attorney -in -Fact (Attach Notary Acknowledgment for Attorney -in -Fact ) Address to which notice to Surety should be sent: 1001 4th Avenue, #1700 Seattle, WA 98154 P. 20 Bond No 070010481 PRIVATE CONTRACT BOND - CITY OF NATIONAL CITY FAITHFUL, PERFORMANCE KNOW ALL MEN BY THESE PRESENTS: THAT Chevron Environmental Management Company of San Ramon, California as Principal, and Safeco Insurance Company of America a surety authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF NATIONAL CITY, CALIFORNIA, in the sum of Two Thousand and 00/100 Dollars ($ 2,000 00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The conditions of the foregoing obligation is such that, whereas the above -bounded Principal is to obtain a drilling permit from the CITY OF NATIONAL CITY, CALIFORNIA, to do and perform the following work, to wit: Encroachment Permit for life span of wells located at Chevron, no. 9-8225, 105 West 8th St., National City, CA 91950 (Currently 133 West 8th Street) NOW, THEREFORE, if the above -bounden Principal shall faithfully perfonn said work, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED AND SEALED this 11 th day of APPROVED AS TO FORM: G. SILVA TY ATTORNEY October 20 11 Chevron Environmental Management Company (Name of Pri cipal) By: Title: A l fa-n f Tr-r-1CV-rer- Safeco Insurance Company of America (Surety) By:`4-14.4401 Marina Tapia Attorney -in -Fact (Attach Notary Acknowledgment for Attomey-in-Fact ) Address to which notice to Surety should be sent: 1001 4th Avenue # 700 Seattle, WA 98154 21 `''CALi OhRN A ALL PURPOSE ACKNO-WLEDGMENT J State of California County of Los Angeles On OCT 11 2011 before me, B. Aleman, Notary Public, personally appeared Marina Tapia who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar-e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) 9. ALEMAN Commission i 1774647 Notary Public - California I} Los Angeles County tdvCammE tresOct2i.2011 Signature B. eman, otary Public 22 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Contra Costa On October 13 2011 before me, Date personally appeared Uriel Oseguera } Kim Do Notary Public Here Insert Name and title of the Officer Names) of Signers) KIM D0 Commission. # 1951686 Notary Public - California i Contra Costa County My Comm. Expires Sep 10, 2015 Place Notary Seal Above who proved to me on the basis tisfactory evidence to be the person(s) whose name are subscrd to the within instrument and d nowledged to me that she/the executed the me in t her/their au orized capacity and that i /her/their signatures) on the instrument th person( } , or the entity upon behalf of which the perso s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my h Signature OPTIONAL nd and official seal. Signature of Notary Public Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bond 4070010481, Private Contract Bond -City of National Ciy-Faithful Performance Document Date: October 13, 2011 Signer(s) Other I han Named Above: N/A Capacity(ies) Claimed by Signer(s) Signer's Name: Unel Oseguera L1 Individual Corporate Officer Title(s):Assislant Treasurer ❑ Partner ❑ Limited ❑ General ❑ Attorney In Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Chevron Environmental Management Company RIGHTTHUMBPRINT OF SIGNER Top of thumb here Number of Pages: 1 Signer's Name: ❑ Individual ❑ Corporate Officer Tille(s): ❑ Partner ❑ Limited ❑ ❑ Attorney in Fact ri Trustee ❑ Guardian or C ❑ Other 7 iservator Sia•er Is Representing: Top of thumb here zrty<tsCcL��cetetecvcz;�<r�e-:ctri-( 23 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4542753 This Power.of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. SAFECO INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Safeco Insurance Company of America (the "Company), a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint E. S. ALBRECHT, JR., TRACY C. ASTON, C. K. NAKAMURA, LISA L. THORNTON, MARIA PENA, MARINA TAPIA, EDWARD C. SPECTOR, KD CONRAD, BRENDA WONG, SIMONE GERHARD, NOEMI OUIROZ, B. ALEMAN, ALL OF THE CITY OF LOS ANGELES, STATE OF CALIFORNIA , each individually if there be more than one named, its true and lawful attorney -in -fact to make. execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed. any and at undertakings, bonds, recognizances and other surety obligations in the penal surn not exceeding SEVEN HUNDRED FIFTY MILLION AND 00/100 ******DOLLARS ($ 750,000,000.00*************** ******) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons_ Thatthis power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV - Execution of Contracts: Section 12. Surety Bonds and Undertakings. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairrnan or the President, and subject to such limitations as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in - fact, subject to inc limitations set forth in their respective powers of attorney, shall have hull power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the otficer or other official named therein to appoint attorneys -in -fact: Pursuant to Article IV, Section 12 of the By-laws, Garnet W. Elliott, Assistant Secretary of Safeco Insurance Company of America, is authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Safeco Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 26th day of April 2011 SAFECO INSURANCE COMPANY OF AMERICA By W/ Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 26th day of April , 2011 , before me, a Notary Public, personally carne Garnet W. Elliott to me known, and acknowledged that he is an Assistant Secretary of Safeco Insurance Company of America; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Safeco Insurance Company of America thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEHEOEffttavehere9nto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written_ CERTIFICATE By a Pastille Notary Public Teri I, the undersigned, Assis ant` o Safeco Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, true and brrect--cl5py, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article IV, Section 12 of the By-laws of Safeco Insurance Company of America. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Safeco Insurance Company of America at a meeting duly called and held on the 18th day of September, 2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TE, y Hp ppF, I have hereunto subscribed mynape'" n , xed the corporate seal of the said company, this dayof ��1' C�ir , �- P P Y Davi M. Carey, Abstant Secretary 24 JACK HILLER DIRECTOR August 22, 2011 an ctegn DEPARTMENT OF ENVIRONMENTAL HEALTH LAND AND WATER QUALITY DIVISION P.O. BOX 129261, SAN DIEGO, CA 92112-9261 858-505-670011-800-253-9933 www.sdcdeh.org Mr. Eric Roehl Chevron Products Company P.O. Box 2292 Brea, California 92822-2292 Dear Mr. Roehl: Worig— j p{ o C� ELIZABETH POZZEBON ASSISTANT DIRECTOR UNAUTHORIZED RELEASE #H13517-001 WORKPLAN APPROVAL 105 WEST 8TH STREET, NATIONAL CITY, CALIFORNIA 91950 This letter has been prepared in accordance with the requirements set forth in Title 23 (State Underground Storage Tank Regulations), Division 3, Chapter 16, Article 11, Section 2722. The purpose of this letter is to notify the Responsible Party of the status of the Workplan received by the County of San Diego, Site Assessment and Mitigation Program (SAM), on June 13, 2011. The Workplan, dated June 10, 2011, prepared by Stantec Consulting Corporation (Stantec), covers one of the following phases of corrective action: Preliminary Site Assessment ( ) Soil and Water Investigation (X) Corrective Action Plan ( ) Verification Monitoring ( ) Interim Remedial Action ( ) The Workplan, that proposes the installation of four groundwater monitoring wells, has been: ( ) approved- ( ) disapproved -call the undersigned for further instructions (X) approved with the following changes or conditions: • In additional to the proposed soil sampling criteria, samples should also be collected at changes in lithology, if contamination is observed, the capillary fringe, and at depths where contamination had been observed during previous investigations. This approval is valid for 90 days from the date of this letter. Keep this letter for your records as it may be required for corrective action cost reimbursement under Senate Bill 2004 (California Health and Safety Code, Division 20, Chapter 6.75, Article 6). pui : i;i� tLrnu� h ieaaersiup, partnersnlp ana science" 25 Mr. Eric Roehl - 2 - August 22, 2011 As a reminder, please continue submitting all of the soil and groundwater data electronically into GeoTracker based on our letter dated July 13, 2005 The need for further site characterization and mitigation actions will be determined following evaluation of the written report. If you have any questions, please call me at (858) 505-6978. Sincerely, CRAIG M BURNETT, PG 8182 Environmental Health Specialist Site Assessment and Mitigation Program CMB:kd cc: Larry Higinbotham, Thrifty Oil Corporation Patricia Beard, Community Development Commission of National City Brian Waite, Stantec WPM 13517-001-811 W PA 26 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT PERMIT AND AGREEMENT WITH CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY FOR THE INSTALLATION OF FOUR GROUNDWATER MONITORING WELLS LOCATED IN THE PUBLIC RIGHT OF WAY ADJACENT TO 105 WEST 8TH STREET WHEREAS, Stantec Consulting Company, on behalf of Chevron Environmental Management Company, is proposing four monitoring wells within the public right-of-way to monitor the potential presence of total recoverable petroleum hydrocarbons; and WHEREAS, the proposed sites for the wells are adjacent to 105 West 8th Street on West 8th Street, Hoover Avenue, West 9th Street, and in the alley between Hoover Avenue and Roosevelt Avenue; and WHEREAS, the monitoring wells are a requirement of the County of San Diego Department of Health Environment to perform liquid phase hydrocarbons fingerprinting, and to fully assess dissolved -phase benzene in groundwater. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Encroachment Permit and Agreement with the Chevron Environmental Management Group for the installation of four groundwater monitoring wells within the public right-of-way at 105 West 8th Street on West 8th Street, Hoover Avenue, West 9th Street, and in the alley between Hoover Avenue and Roosevelt Avenue, as required by the County of San Diego Department of Health Environment. Said Encroachment Permit and Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of March, 2012. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 6, 2012 AGENDA ITEM NO. 10 :M TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Employment Agreement between the City of National City and City Manager Leslie Deese PREPARED BY: Claudia Gacitua Silva PHONE: X 4222 EXPLANATION: DEPARTMENT: City torney APPROVED BY: On January 24, 2012, the City Council announced their appointment of Leslie Deese as the new City Manager for the City of National City. The appointment would be effective January 27, 2012. The attached employment agreement between the City and Leslie Deese includes a three-year term, salary of $165,000 per year, and benefits. In addition, recently adopted legislation, commonly referred to as the "Bell" legislation, requires the inclusion of certain provisions in employment contracts addressing the return of money should the appointed official be convicted of abuse of office or position. These provisions are included in the employment agreement. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ployment Agreement posed resolution RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE COMPENSATION OF THE CITY MANAGER BY ESTABLISHING THE SALARY AND AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT FOR CITY MANAGER BETWEEN THE CITY OF NATIONAL CITY AND LESLIE DEESE WHEREAS, on January 24, 2012, the City Council appointed Leslie Deese the City Manager, effective January 27, 2012; and WHEREAS, the City Council seeks to establish the salary of the City Manager; and WHEREAS, the City Council desires to memorialize the terms and conditions of Leslie Deese's employment by setting forth the terms and conditions of her employment. BE IT RESOLVED by the City Council of the City of National City that Leslie Deese is hereby appointed City Manager, effective January 27, 2012. BE IT FURTHER RESOLVED by the City Council of the City of National City that the salary of the City Manager is hereby established at $165,000 annually, effective January 27, 2012. BE IT FURTHER RESOLVED that the City Council hereby approves that document entitled Employment Agreement — City Manager, dated March 6, 2012. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of March, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney EMPLOYMENT AGREEMENT City Manager City of National City California EA'IPI,OYMENT AGREEMENT CITY MANAGER TABLE OF CONTENTS Page Introduction 1 Section 1 Term 1 Section 2 Duties and Authority 1 Section 3 Compensation 1 Section 4 Ilealth, Disability and Life Insurance Benefits 1 Section 5 Vacation, Sick and Military Leave 1 Section 6 Monthly Vehicle Allowance 2 Section 7 Retirement 2 Section 8 General Business Expenses 2 Section 9 Termination 3 Section 10 Severance 3 Section 11 Resignation 3 Section 12 Performance Evaluation 3 Section 13 Hours of Work 4 Section 14 Outside Activities 4 Section 15 Moving and Relocation Expenses 4 Section 16 Housing Assistance Payments 4 Section 17 Indemnification 4 Section 18 Bonding 5 Section 19 Other Terms and Conditions of Employment 5 Section 20 Notices 5 Section 21 General Provisions 5 EMPLOYMENT AGREEMENT THIS AGREEMENT made and entered into this 6th day of March, 2012, by and between the City of National City, a municipal corporation, (hereinafter called "Employer") and Leslie Deese (hereinafter called "Employee") an individual who has the education, training and experience in local government management and who, as a member of ICMA, is subject to the ICMA Code of Ethics, both of whom agree as follows: Section 1 Term. This Agreement shall remain in full force in effect for a period of three (3) years from January 27, 2012, through January 27, 2015, unless sooner terminated by the Employer or Employee as provided in Section 9, 10 or 11 of this Agreement. Section 2 Duties and Authority. Employer agrees to employ Leslie Deese as City Manager, on an at -will basis, to perform the functions and duties specified in the National City Municipal Code and the California Government Code, and to perform other legally permissible and proper duties and functions, commencing on January 27, 2012. Section 3 Compensation A. Base Salary: Employer agrees to pay Employee an annual base salary of one - hundred sixty-five thousand dollars ($165,000), payable in installments at the same time that the other executive employees of the Employer are paid. B. This Agreement shall be re -opened to discuss compensation and benefits if, and at the time, managers or executives receive any increase in compensation or benefits. C. Consideration shall be given on an annual basis to increase salary, based upon increases in the Consumer Price Index ("CPI"), as that term is defined at Government Code section 3511.1(b). Any increase in salary shall be dependent upon the results of the performance evaluation conducted under the provisions of Section 12 of this Agreement. D. Deferred Compensation: Employer shall provide seven -thousand five -hundred ($7500) annually to Employee's selected deferred compensation plan. This payment shall be made each January, prior to the 276 of that month, in years 2013, 2014, and 20 ] 5. Section 4 Health, Disability and Life Insurance Benefits. A. The Employer agrees to provide Employee a cafeteria health benefit of $850.00 per month. B. The Employer agrees to put into force and to make required premium payments for short term and long term disability coverage for the Employee. C. The Employer shall pay the amount of premium due for term life insurance in the amount of $150,000. The Employee shall name the beneficiary of the life insurance policy. Section 5 Vacation, Sick and Military Leave. A. The Employee shall accrue sick and vacation leave and other paid leave on an annual basis at the rate provided to Executive employees. B. The Employee is entitled to accrue all unused vacation and sick leave, without limit, and in the event the Employee's employment is terminated, either voluntarily or 1 Employment Agreement City Manager involuntarily, the Employee shall be cotnpensated for all unused vacation and sick leave in accordance with the Employer's customary practice for Executive Employees. C. The Employee shall be entitled to military reserve leave time pursuant to sate law and City policy. Section 6 Monthly Vehicle Allowance. The Employer agrees to pay to the Employee, during term of this Agreement and in addition to other salary and benefits herein provided, the sum of $9000.00 per year, payable at $750.00 per month, as a vehicle allowance to be used to purchase, lease, or own, operate and maintain a vehicle. The Employee shall be responsible for paying for liability, property damage, and comprehensive insurance coverage upon such vehicle and shall further be responsible for all expenses attendant to the purchase, operation, maintenance, repair, and regular replacement of said vehicle. The Employer shall reimburse the Employee at the IRS standard mileage rate for any business use of the vehicle beyond the greater National City area. For purposes of this Section, use of the car within the greater National City area is defined as travel to locations within a 50 mile radius of the National City Civic Center. Section 7 Retirement. The Employer agrees to enroll the Employee into the Public Employees' Retirement System and to make all the appropriate contributions on the Employee's behalf, for the required Employer share. Employee shall pay the entire etnployee share, which is 8%. Section 8 General Business Expenses. 1. Employer agrees to budget for and to pay for professional dues and subscriptions of the Employee necessary for continuation and full participation in national, regional, state and local associations, and organizations necessary and desirable for the Employee's continued professional participation, growth, and advancement, and for the good of the Employer. 2. Employer agrees to budget for and to pay for travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions to adequately continue the professional development of Employee and to pursue necessary official functions for Employer, including but not limited to the ICMA Annual Conference, the League of California Cities, and such other national, regional, state and local governmental groups and committees in which Employee services as a member. 3. Employer also agrees to budget for and to pay for travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for the Employee's professional development and for the good of the Employer. 4. Employer recognizes that certain expenses of a non -personal but job -related nature are incurred by Employee, and agrees to reimburse or to pay said general expenses. The Finance Director is authorized to disburse such moneys upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. 5. The Employer acknowledges the value of having Employee participate and be directly involved in local civic clubs or organizations. Accordingly, Employer shall pay for the reasonable membership fees and/or dues to enable the Employee to become an active member in local civic clubs or organizations. 6. The Employer shall provide Employee with a computer, software, fax/modem, and cell phone required for the Employee to perform the job and to maintain communication. 2 Employment Agreement City Manager Section 9 Termination. For the purpose of this Agreement, termination shall occur when: 1. The majority of the Employer's City Council votes to terminate the Employee at a duly authorized public meeting. 2. If the Employer, citizens or legislature acts to amend any provisions of the state or local law pertaining to the role, powers, duties, authority, and responsibilities of the Employee's position that substantially changes the form of government, the Employee shall have the right to declare that such amendments constitute termination. 3. If the Employer reduces the base salary, compensation or any other financial benefits of the Employee, unless it is applied in no greater percentage than the average reduction of all department heads, such action shall constitute a breach of this Agreement and will be regarded as a termination. 4. If the Employee resigns following an offer to accept resignation, whether formal or informal, by the Employer as representative of the majority of the governing body that the Employee resign, then the Employee may declare a termination as of the date of suggestion. 5. Breach of contract declared by either party with a 30 day cure period for either Employee or Employer. Written notice of a breach of contract shall be provided in accordance with the provisions of Section 20. Section 10 Severance. The Employee is an at -will employee, serving at the pleasure of the Employer's City Council. This Agreement, and the Employee's employment with the Employer, may be terminated with or without cause by the Employer's City Council. In the event the Employee is terminated for cause, or voluntarily resigns his position with the Employer, then the Employee shall not be entitled to the payment of Severance by the Employer. In the event the Employee is terminated by the Employer other than for cause, and during such time that Employee is willing and able to perform his duties under this Agreement, then Employer agrees to pay Severance equal to one-half year's base salary at the current rate of pay. This Severance shall be paid in one lump sum unless otherwise agreed to by the Employer and the Employee. In the event of Severance, the Employee shall also be compensated for all accrued sick and vacation leave. If the Employee is terminated because of a conviction of a felony, then the Employer is not obligated to pay Severance under this section. If the Employee is convicted of a crime involving an abuse of office or position, then regardless of the teen of the contract, if the Employee is terminated, any cash settlement, including severance, related to the termination received by Employee from Employer shall be fully reimbursed to the Employer. Section 11 Resignation. In the event that the Employee voluntarily resigns his position with the Employer, the Employee shall provide a minimum of 30 days notice unless the parties agree otherwise. Section 12 Performance Evaluation. Employer may annually review the performance of the Employee in the Employee's anniversary month subject to a process, form, criteria, and format for the evaluation which shall 3 Employment Agreement City Manager be mutually agreed upon by the Employer and Employee. The process at a minimum may include the opportunity for both parties to: (1) prepare a written evaluation; (2) meet and discuss the evaluation, and (3) present a written summary of the evaluation results. The final written evaluation should be completed and delivered to the Employee within 30 days of the evaluation meeting. Section 13 Hours of Work. It is recognized that the Employee must devote a great deal of time outside the normal office hours on business for the Employer, and to that end Employee shall be allowed to establish an appropriate work schedule, compatible with the normal business hours of the City of National City. Section 14 Outside Activities. The employment provided for by this Agreement shall be the Employee's sole employment. Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the Employer and the community, the Employee may, upon completion of two (2) years of employment, elect to accept limited teaching, consulting or other business opportunities, and to pursue further education, with the understanding that such arrangements shall not constitute interference with nor a conflict of interest with his or her responsibilities under this Agreement. Section 15 Moving and Relocation Expenses. (not applicable] Section 16 Housing Assistance Payments. During such time as the Employee maintains her principal residence in National City, the Employer shall pay the Employee $1200 per month as a housing assistance payment. Section 17 Indemnification. In accordance with federal, state or local law, Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the course and scope of the performance of Employee's duties as City Manager, or resulting from the exercise of judgment or discretion in connection with the course and scope of performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct. In such cases, the Employee may request and the Employer shall not unreasonably refuse to provide independent legal representation at the Employer's expense and the Employer may not unreasonably withhold approval. Legal representation provided by Employer for Employee shall extend until a final determination of the legal action, including any appeals brought by either party. The Employer shall indemnify Employee against any and all losses, damages, judgments, interest, settlements, fines, court costs, and other reasonable costs and expenses of legal proceedings, including attorney's fees and any other liabilities incurred by, imposed upon, or suffered by such Employee in connection with or resulting from any claim, action, suit or proceeding, actual or threatened, arising out of or in connection with the performance of the Employee in the course and scope of her duties. Any settlement of any claim 4 Employment Agreement City Manager must be made with prior approval of the Employer in order for indemnification, as provided in this Section, to be available. Employee recognizes the Employer shall have the right to compromise and settle any claim or suit. Further, Employer agrees to pay all reasonable litigation expenses of Employee throughout the pendency of any litigation to which the Employee is a party, witness or advisor to the Employer. Such expense payments shall continue beyond Employee's service to the Employer as long as litigation is pending. Further, Employer agrees to pay Employee reasonable consulting fees and travel expenses when Employee serves as a witness, advisor or consultant to Employer regarding pending litigation. If Employee is convicted of a crime involving an abuse of her office or position, as defined in Government Code section 53243.4, then Employee shall fully reimburse Employer for any funds provided for Employee's criminal defense, if any such funds were provided pursuant to or consistent with this Section. This paragraph shall not be construed as creating or implying an obligation by Employer to provide a criminal defense to Employee. Section 18 Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 19 Other Terms and Conditions of Employment A. The Employer shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the National City Municipal Code, or any other law. B. Except as otherwise provide in this Agreement, the Employee shall be entitled to the highest level of benefits that are enjoyed by other appointed employees of the Employer as provided in the Municipal Code or by practice. Section 20 Notices. Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows: EMPLOYER: Mayor EMPLOYEE: Leslie Deese City of National City 906 A Avenue 1243 National City Boulevard National City, CA National City, CA 91950-4301 91950 Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 21 General Provisions. A. Integration. This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into 5 Employment Agreement City Manager and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this Agreement during the life of the Agreement. Such amendments shall be incorporated and made a part of this Agreement. B. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives. and successors in interest. C. Effective Date. This Agreement shall become effective on January 27, 2012. D. Sevcrability. The invalidity or partial invalidity of any portion of this Agreement will not effect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. E. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. F. Construction. The parties acknowledge and agree that (1) each party is of equal bargaining strength, (2) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (3) 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, (4) each party and such party's counsel and advisors have reviewed this Agreement, (5) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (6) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY EMPLOYEE By: Ron Morrison, Mayor Leslie Deese APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 6 Employment Agreement City Manager CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 6, 2012 AGENDA ITEM NO. 11 11I TITLE: Resolution of the City Council of the City of National City supporting the San Diego County Water Authority's Lawsuit against the Metropolitan Water District of Southern California PREPARED BY: Leslie Deese, City Manager DEPARTMENT: City Manager PHONE: 619-336-4240 APPROVED BY: EXPLANATION: See Attached FINANCIAL STATEMENT: N/A ACCOUNT NO. ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: I) Resolution 2) Staff Report RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING THE SAN DIEGO COUNTY WATER AUTHORITY'S LAWSUIT AGAINST THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA WHEREAS, San Diego County's $186 Billion economy and 3.1 Million people depend upon the San Diego County Water Authority (the "Water Authority") for approximately 75 percent of all water used in the region; and WHEREAS, the Water Authority purchases nearly 50 percent of the region's water supply from the Metropolitan Water District of Southern California ("MWD") and pays MWD a transportation charge to transport another 25 percent of the region's water supply the Water Authority through water conservation achieved through an historic water transfer agreement with the Imperial Irrigation District, and by lining the All -American and Coachella canals; and WHEREAS, MWD has approved water rate increases totaling 75% since 2006; and WHEREAS, MWD's water rate structure misallocates the vast majority of its own water supply costs to the water transportation rates charged to the Water Authority to transport the Imperial Irrigation District and canal lining supplies, which will result in overcharges of $40 Million to San Diego county Ratepayers in 2012, and illegal subsidies to each of the 25 member agencies of MWD; and WHEREAS, these overcharges are estimated to reach as much as $217 Million annually by the year 2012, and amount to as much as $2.1 Billion by 2047; and WHEREAS, on June 11, 2010, the San Diego County Water Authority filed a lawsuit against MWD, challenging MWD's 2011 and 2012 water rates, which is currently pending in the San Francisco Superior Court as Case No. CPF-10-510830; and WHEREAS, on October 27, 2011, the Water Authority successfully amended its lawsuit to assert additional claims against MWD alleging that MWD took additional unfair and punitive actions that negatively impact the Water Authority and San Diego County taxpayers; and WHEREAS, the City of National City and the Water Authority require MWD board policies that make water available at an affordable cost, fairly and lawfully apportioned among its rate categories and among the member agencies of MWD. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby supports the San Diego County Water Authority's lawsuit and the Water Authority's ongoing efforts to secure a reliable water supply and transportation rtes from MWD at affordable, lawful and equitable prices. --- Signature Page to Follow --- Resolution No. 2012 — Page Two PASSED and ADOPTED this 6th day of March, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Resolution of Support for the San Diego County Water Authority's Lawsuit Against the Metropolitan Water District of Southern California The San Diego County Water Authority (SDCWA) has requested member agency resolutions of support for its lawsuit against the Metropolitan Water District (MWD). The SDCWA alleges that the MWD's rate structure misallocates a portion of its water supply costs to water transportation costs. The lawsuit contends that MWD is overcharging San Diego water customers through improper rate setting. If the SDCWA prevails, the decision could result in significant funds being returned to the SDCWA and a reduction in rates paid to the MWD. These savings would be realized, at feast in part, by the SDCWA member agencies, including the City of National City. Background In the case of any public utility, MWD is required to charge rates that reflect its actual cost of service. The SDCWA contends the MWD is overcharging the SDCWA through a rate structure that improperly classifies water supply costs as water transportation costs, thereby significantly increasing the portion of the rate allocated to its transportation rate. This is not as significant an issue for the remainder of MWD member agencies which buy nearly all of their imported water directly from MWD since both the supply and transportation costs are applied to each unit of water sold. However, when an MWD member agency secures its own independent source of supply which it must transport through the MWD water pipelines, this results in an excessive transportation charge being charged to this agency. MWD's improper rate allocation has hit the SDCWA particularly hard because of its contracts to secure independent supplies of Colorado River water. This costs the SDCWA and its customers millions of dollars, and effectively results in a subsidy to the other 25 MWD member agencies. The SDCWA alleges that the MWD is therefore in violation of the law because its rates structures do not fairly and equitably distribute its costs. The SDCWA estimates that the overcharge amounts to $31 million in 2011, and projects that it could grow to $230 million annually by 2021. The disputed funds are being held in an escrow account and will be returned to the SDCWA if its challenge is successful. The SDCWA has been joined in the lawsuit by the Imperial Irrigation District, and the Utility Consumers' Action Network (UCAN). The cities of Del Mar, Escondido and Oceanside are some of the cities that have take a position as well as other water agencies, including the Sweetwater Authority Board. The trial court decision is estimated to occur in late 2012. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 6, 2012 AGENDA ITEM NO. 12 _ "EM TITLE: TEMPORARY USE PERMIT —Liberty Tax Service requesting advertising displays at 605 Highland Avenue and 1615 E. Plaza Boulevard from March 7, 2012 thru April 17, 2012 with no waiver of fees. PREPARED BY: Vianey Rolon DEPARTMENT: Neighd Services Division PHONE: (619) 336-4364 APPROVED BY: EXPLANATION: This is request from Liberty Tax Service to display multiple advertisement displays to generate bu • during tax season at 605 Highland Avenue and 1615 E. Plaza Boulevard from March 7, 2012 thru April 17, 2012. Advertising will be as follows: 605 Highland Avenue *two (2) A -frames, eight (8) signs, one (1) inflatable statute of liberty, one (1) air dancer, two (2) waver boards, five (5) flags, and two (2) 4x10 banners. 1615 E. Plaza Boulevard *four (4) A -frames, fifteen (15) signs, one (1) inflatable statue of liberty, three (3) waiver boards, ten (10) flags, and three (3) 4x10 banners signage will be placed on their private property and none in the public right away. . __ other city services requested. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: The City has incurred $237.00 for processing the TUP through various City Departments. Total fees are $237.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: plication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: Public Concert Pa, ade Motion Picture Event Title: j' Fair Demonstration Grand Opening Event Locatio : ��6/` 1- t ( �i Event Date I �Froiln' / 1-- to / L� O /� �/ Total Anticipated Attendance: Month/Day/Year ( Festival Community Event S;ircus Block Party Other ,�� Actual Event Hours: pm to Setup/assembly/construction Date: m Start time: Please describe the scope of your setup/assembly work (specific details): Participants) Spectators) Dismantle Date: Completion Time: am/pm List any street(s) requiring closure as a result of this event Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: Chief Officer of Or iization (Name Applicant (Name Address: 9 Daytime Phone: )T413 ----0� vening Phone: ( ) Fax: Contact Person "on site" day of the event: For Profit Not -for -Profit Payer/Cellular:b I -C., NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 40/\ Is your organization a "Tax Exempt, nonprofit" organization? YES NO Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event_ $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. 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 V V V V V V V V YES NO 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 t/ 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 dir lion of travel, and provide a written narrative to explain your route. YES _ Tl0 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 tenUcanopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES V NO Will the event involve the use of the Cily 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: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): • Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs Fencing, barriers andlor barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 Pose describe your procedures for both Crowd Control and Internal Security: YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please prgyide detail desc plies of your PARKIN2G.pin: Il Please describe your plan for DISABLED PARKING: 4 Pi,:ase describe your plans to notify all residents, businesses and churches irnpacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. f ." 71,,: • YES; NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. / Number of Stages: Number of Bands: Type of Music: YES v NO f Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start lime: am/'pm Finish Time am/prn Please describe the sound equipment that will be used for your event: YENO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YE 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 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address /;/s-- Telephone f+C /' 25-soeilicts Date(s) of Use Y7Igair4 („f ii6tv/.9,r 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. igna Official Title Date Rl« For Office Use Only Certificate of Insurance Approved Date Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization 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 tiFY11W p�ya�rr / t7AA• IS do -/1,1 -7 5)/ „� y 7b tt rlr c,i //1 ()de U Y y� filmy MRA o0 Q avlopi� a-,,Ly ,�.��-.. ,�. SDI =iS CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Liberty Tax Service EVENT: Tax Service DATE OF EVENT: 3/7/2012-4/17/12 TIME OF EVENT: business hours APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POI,ICE YES [ ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 No comments 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 No comments FINANCE Applicant has a current business license. COMMUNITY SERVICES No comments 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. Police and iw Enfp:cemen /5 1b CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE March 6th, 2012 AGENDA ITEM NO. 133 M TITLE: Warrant Register #31 for the period of 01/25/12 through 01/31/12 in the amount of $2,751,984.93 PREPARED BY: K. Apalategull DEPARTMENT: Finance PHONE: 619-336-4331 APPROVED BY: ! ti EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 01/25/12 through 01/31/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Black Rock Construction 300457 60,183.23 Public Emp Ret System 300527 275,138.71 FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Explanation Concrete Improvement Proj FY 2012 Retirement Insurance Service Period 1-24-4 Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $2,751,984.93 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rrant Register #31 +r- GAL{EQRNIA 1/3 PAYEE BOARD OF EQUALIZATION BEST BEST & KRIEGER LLP CHRISTENSEN & SPATH LLP DESROCHERS FEDEX GEOSYNTEC CONSULTANTS INC OPPER & VARCO SDG&E SWEETWATER AUTHORITY THE SOHAGI LAW GROUP PLC A NEW LOOK AUTO BODY & PAINT ACEDO AFLAC ALLEN ANDERSON AT&T MOBILITY AT&T/MCI _ARD iCK BISHOP BLACK ROCK CONSTRUCTION BONSUISSE INC BOOT WORLD BOYD CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CAPPO INC CEB CONDON CORPUZ COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS DANESHFAR DEFRATIS DELL MARKETING CORP DEPARTMENT OF JUSTICE DICERCHIO D-MAX ENGINEERING DREDGE DREW FORD SER III INIS PAINT SAN DIEGO FERGUSON ENTERPRISES INC GELSKEY GIBBS JR GRAINGER CITY. il:iC�3Z( NCORPORATRC-D WARRANT REGISTER # 31 1/31/2012 DESCRIPTION SALES TAX LIABILITY / OCT-DEC 2011 LEGAL SERVICES / REDEV LEGAL SERVICES / ARE HOLDINGS RETIREMENT BENEFITS / FEB 2012 EXPRESS MAIL SERVICES / CDC ENVIRONMENTAL CONSUL - 11/30/11 LEGAL SVCS / TOD - DEC 2011 GAS AND ELECTRIC UTILITIES / CDC WATER UTILITIES / CDC LEGAL SVCS / ACC 368.002 LABOR, REFINISH & PAINT ROOF RETIREE HEALTH BENEFITS/FEB 2012 ACCOUNT BDM36 JAN 2012 RETIREE HEALTH BENEFITS/FEB 2012 RETIREE HEALTH BENEFITS/FEB 2012 SECURE WIRELESS CIRCUIT / PD SBC AT&T PHONE SERVICE FOR FY12 RETIREE HEALTH BENEFITS/FEB 2012 RETIREE HEALTH BENEFITS/FEB 2012 RETIREE HEALTH BENEFITS/FEB 2012 CONCRETE IMPROVEMENTS FY 11-12 MILK & DAIRY DELIVERY / NUTRITION MOP 64096 WEARING APPAREL RETIREE HEALTH BENEFITS/FEB 2012 MOP 45754 R&M BLDGS & STRUCTURES MOP 45698 ELECTRICAL MATERIAL MEMBERSHIP RENEWAL 3/1/12-2/28/13 CA TORT DAMAGE UPDATE RETIREE HEALTH BENEFITS/FEB 2012 RETIREE HEALTH BENEFITS/FEB 2012 FILING NOTICE OF EXEMPTION / ENG CO OF SD PARKING CITATION REVENUE CO OF SD PARKING CITATION REVENUE COX COMMUNICATIONS DATA & VIDEO RETIREE HEALTH BENEFITS/FEB 2012 RETIREE HEALTH BENEFITS/FEB 2012 DELL WIRELESS KEYBOARD / MIS EMPLOYEE TEST RESULTS / DEC2011 RETIREE HEALTH BENEFITS/FEB 2012 STORM WATER SERVICES RETIREE HEALTH BENEFITS/FEB 2012 MOP 49078 AUTO PARTS RETIREE HEALTH BENEFITS/FEB 2012 MOP 74690 TRAFFIC CONTROL SUPPLY MOP 45723 PLUMBING MATERIAL RETIREE HEALTH BENEFITS/FEB 2012 RETIREE HEALTH BENEFITS/FEB 2012 MOP 65179 MATERIALS & SUPPLIES CHK NO DATE AMOUNT 300437 1/31/12 2,971.01 300438 1/31/12 7,084.45 300439 1/31/12 57.50 300440 1/31/12 110.00 300441 1/31/12 23.71 300442 1/31/12 754.48 300443 1/31/12 2,123.00 300444 1/31/12 44.00 300445 1/31/12 31.06 300446 1/31/12 19,582.50 300447 1/31/12 325.00 300448 1/31/12 160.00 300449 1/31/12 1,452.44 300450 1/31/12 125.00 300451 1/31/12 110.00 300452 1/31/12 2,321.39 300453 1/31/12 6,012.70 300454 1/31/12 70.00 300455 1/31/12 140.00 300456 1/31/12 110.00 300457 1/31/12 60,183.23 300458 1/31/12 340.62 300459 1/31/12 125.00 300460 1/31/12 145.00 300461 1/31/12 629.16 300462 1/31/12 258.60 300463 1/31/12 130.00 300464 1/31/12 133.40 300465 1/31/12 280.00 300466 1/31/12 140.00 300467 1/31/12 50.00 300468 1/31/12 14,831.38 300469 1/31/12 12, 910.00 300471 1/31/12 3,049.70 300472 1/31/12 250.00 300473 1/31/12 120.00 300474 1/31/12 49.20 300475 1/31/12 179.00 300476 1/31/12 70.00 300477 1/31/12 12,104.11 300478 1/31/12 250.00 300479 1/31/12 329.83 300480 1/31/12 250.00 300481 1/31/12 376.25 300482 1/31/12 516.35 300483 1/31/12 115.00 300484 1/31/12 120.00 300485 1/31/12 675.93 2/3 -- CALIFORNIA «�+ Iry aooq INCORPORATED WARRANT REGISTER # 31 1/31/2012 PAYEE DESCRIPTION CHK NO DATE AMOUNT HANSON RETIREE HEALTH BENEFITS/FEB 2012 300486 1/31/12 135.00 HODGES RETIREE HEALTH BENEFITS/FEB 2012 300487 1/31/12 200.00 HOLLIS RETIREE HEALTH BENEFITS/FEB 2012 300488 1/31/12 185.00 JAMES RETIREE HEALTH BENEFITS/FEB 2012 300489 1/31/12 140.00 JEFFREY L SERVATIUS RETIREE HEALTH BENEFITS/FEB 2012 300490 1/31/12 340.00 JUDD ELECTRIC ELECTRICAL REPAIRS 300491 1/31/12 588.29 JUNIEL RETIREE HEALTH BENEFITS/FEB 2012 300492 1/31/12 50.00 KIMBLE RETIREE HEALTH BENEFITS/FEB 2012 300493 1/31/12 300.00 L1 IDENTITY SOLUTIONS EMPLOYEE FINGERPRINT TEST / DEC 11 300494 1/31/12 10.00 LANDA RETIREE HEALTH BENEFITS/FEB 2012 300495 1/31/12 155.00 LASER SAVER INC MOP# 45725. INK CARTRIDGE / FINANCE 300496 1/31/12 652.39 LEXIS NEXIS ONLINE LEGAL RESEARCH / DEC 2011 300497 1/31/12 427.38 LIFE -ASSIST, INC. PRES-CUE MASK'/ FIRE 300498 1/31/12 629.02 LIMFUECO RETIREE HEALTH BENEFITS/FEB 2012 300499 1/31/12 160.00 LOPEZ TRANSLATION SERVICES FOR FY 2012 300500 1/31/12 140.00 LUNT TRAVEL REIMB / CAPPO CONE / LUNT 300501 1/31/12 723.25 MASON'S SAW & MOP 45729 MATERIALS & SUPPLIES 300502 1/31/12 131.89 MATIENZO RETIREE HEALTH BENEFITS/FEB 2012 300503 1/31/12 100.00 MCCABE RETIREE HEALTH BENEFITS/FEB 2012 300504 1/31/12 280.01 MEDINA RETIREE HEALTH BENEFITS/FEB 2012 300505 1/31/12 105.00 METRO FIRE & SAFETY SERVICE ON EXTINGUISHER / FIRE 300506 1/31/12 142.67 MURRAY RETIREE HEALTH BENEFITS/FEB 2012 300507 1/31/12 150.00 MYERS RETIREE HEALTH BENEFITS/FEB 2012 300508 1/31/12 140.00 NAPA AUTO PARTS MOP 45735 MATERIALS & SUPPLIES 300509 1/31/12 140.42 NATIONAL CITY TROPHY MOP 66556 R&M BLDGS & STRUCTURES 300510 1/31/12 48.94 NEXUS IS INC NEXUS PHONE SYS SVC / MIS 300511 1/31/12 65.00 NOSAL WILLIAM A RETIREMENT SETTLEMENT/FEB 2012 300512 1/31/12 1,137.19 OCHOA RETIREE HEALTH BENEFITS/FEB 2012 300513 1/31/12 125.00 PACIFIC AUTO REPAIR MOP 72448 R&M AUTO EQUIPMENT 300514 1/31/12 397.33 PADRE JANITORIAL SUPPLIES INC JANITORIAL SUPPLIES / NUTRITION 300515 1/31/12 151.61 PANGCO EDUCATIONAL REIMBURSEMENT / FIN 300516 1/31/12 232.57 PAUU RETIREE HEALTH BENEFITS/FEB 2012 300517 1/31/12 340.00 PBS&J WASTEWATER CONSULTANT SERVICES 300518 1/31/12 2,761.00 PEASE JR RETIREE HEALTH BENEFITS/FEB 2012 300519 1/31/12 140.00 PERRY FORD MOP 45703 R&M AUTO EQUIPMENT 300520 1/31/12 434.28 POST RETIREE HEALTH BENEFITS/FEB 2012 300521 1/31/12 280.00 POTTER RETIREE HEALTH BENEFITS/FEB 2012 300522 1/31/12 150.00 POWERSTRIDE BATTERY CO INC MOP 67839 AUTO PARTS 300523 1/31/12 286.30 PRO BUILD MOP 45707 SHOP SUPPLIES 300524 1/31/12 784.93 PROJECT PROFESSIONALS CORP. AQUATIC CENTER, DECEMBER, 2011 300525 1/31/12 2,190.00 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICE 300526 1/31/12 258.88 PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 1-24-4 300527 1/31/12 275,138.71 R J SAFETY SUPPLY RADIANS 2-N-1 CLASS 3 HI-VIS GREEN 300528 1/31/12 281.2' RAY RETIREE HEALTH BENEFITS/FEB 2012 300529 1/31/12 190.01 RICK ENGINEERING CO INV 24545 / STREETSCAPE CONSTRUCTION 300530 1/31/12 2,288.29 ROARK RETIREE HEALTH BENEFITS/FEB 2012 300531 1/31/12 135.00 ROE RETIREE HEALTH BENEFITS/FEB 2012 300532 1/31/12 120.00 RUIZ RETIREE HEALTH BENEFITS/FEB 2012 300533 1/31/12 310.00 +r- CALIFORNIA 3/3 PAYEE SAM'S ALIGNMENT SERVICE SDG&E SHORT SMART SOURCE OF CA LLC STAPLES ADVANTAGE STRASEN THE CAD ZONE INC THE LIGHTHOUSE INC THOMSON WEST TOM MOYNAHAN TRIVIZ URIAS VISTA PAINT WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WESTFLEX INDUSTRIAL ZIETLOW JMAR INDUSTRIES SECTION 8 HAPS PAYMENTS WIRED PAYMENTS THE BANK OF NEW YORK MELLON UNION BANK OF CALIFORNIA DEUTSCHE BANK NATIONAL TRUST DEUTSCHE BANK NATIONAL TRUST DEUTSCHE BANK NATIONAL TRUST DEUTSCHE BANK NATIONAL TRUST NA. -I fry INCORPOR TED WARRANT REGISTER # 31 1/31/2012 DESCRIPTION MOP 72442 R&M AUTO EQUIPMENT FACILITIES GAS & ELECTRIC RETIREE HEALTH BENEFITS/FEB 2012 INV 1246599 / DECALS - FINANCE MOP# 45704. OFFICE SUPPLIES / FINANCE RETIREE HEALTH BENEFITS/FEB 2012 CRASH ZONE VERSION 9 UPGRADES MOP 45726 AUTO PARTS LEGAL PUBLICATIONS/12/5/11-1/04/12 MOP# 45734. TOWING / POLICE RETIREE HEALTH BENEFITS/FEB 2012 RETIREE HEALTH BENEFITS/FEB 2012 MOP 68834 TRAFFIC CONTROL SUPPLY JANITORIAL SUPPLIES CLEAR INVESTIGATIVE DATABASES/PD MOP 63850 AUTO PARTS RETIREE HEALTH BENEFITS/FEB 2012 W16-7 3018 FPYG ARROW / PW Start Date End Date 1/25/2012 1/31/2012 HOME LOAN PROG FUND - HUD 1078 LOAN GO BOND PAYMENT 2004 TAB, SERIES A 2005 TAB, SERIES A & B 2011 TAB 1999 TAB - DEBT SERVICE CHK NO DATE AMOUNT 300534 1/31/12 659.94 300535 1/31/12 20,313.41 300536 1/31/12 300 00 300537 1/31/12 582.04 300538 1/31/12 321.30 300539 1/31/12 135.00 300540 1/31/12 5,471.00 300541 1/31/12 198-58 300542 1/31/12 1,214.76 300543 1/31/12 80.00 300544 1/31/12 135.00 300545 1/31/12 125.00 300546 1/31/12 406.02 300547 1/31/12 2,150.54 300548 1/31/12 412.80 300549 1/31/12 7.16 300550 1/31/12 150.00 300551 1/31/12 480.56 A/P Total 479,634.68 1/25/12 1/30/12 1/30/12 1/30/12 1/30/12 1/30/12 8,791.37 126,430.75 109,603.75 99,875.00 547,671.25 1,282,515.63 97,462.50 GRAND TOTAL $ 2,751,984.93 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 AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. FINANCE CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY TIIAT TIIE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTLIORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY TIIE CITY COUNCIL ON THE 6th OF MARCH, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 6th, 2012 AGENDA ITEM NO. }4 EM TITLE: Warrant Register #32 for the period of 02/01/12 through 02/07/12 in the amount of $1,988,533.80 PREPARED BY: K. Apalategui DEPARTMENT: Finan PHONE: 619-336-4331. APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 02/01/12 through 02/07/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Health Net Inc 300590 60,093.78 Health Insurance R1192A Feb 2012 Kaiser Health Plan 300595 165,227.60 Active Insurance Feb 2012 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N// ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: U`2 Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,988,533.80 BOARD / COMMISSION RECOMMENDATION: N/Py ATTACHMENTS: rrant Register #32 1/2 PAYEE CHRISTENSEN & SPATH LLP EDCO DISPOSAL CORPORATION GEOSYNTEC CONSULTANTS INC POWER PLUS PRO BUILD PRUDENTIAL OVERALL SUPPLY R J SAFETY SUPPLY SALAZAR SDG&E STAPLES ADVANTAGE VISTA PAINT WESTFLEX INDUSTRIAL 1800-RADIATOR A NEW LOOK AUTO BODY & PAINT ACE UNIFORMS & ACCESSORIES INC ADVANCED INFRASTRUCTURE ALL FRESH PRODUCTS ALPHA OMEGA SERVICES JISSE INC )WAY AUTO GLASS CARQUEST AUTO PARTS CITY OF NATIONAL CITY CLAIMS MANAGEMENT ASSOCIATES CONSTRUCTION ELECTRONICS INC COX COMMUNICATIONS DAPPER TIRE COMPANY DATA TICKET INC DAY WIRELESS SYSTEMS ENNIS PAINT SAN DIEGO ENVIRONMENTAL HEALTH COALITION ESGIL CORPORATION FLEET SERVICES INC GRAINGER GRANICUS INC HAMILTON MEATS & PROVISIONS HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HUSK PARTNERS IRON MOUNTAIN JERAULDS CAR CARE CENTER ,inecF 2 FOUNDATION HEALTH PLANS 1.,.. 2 FOUNDATION HEALTH PLANS LOPEZ MUNICIPAL CODE CORPORATION NAPA AUTO PARTS NATIONAL CITY TROPHY l CpLIFORMA ITT ZNCORPOR1tTED WARRANT REGISTER #32 2/7/2012 DESCRIPTION LEGAL SERVICES/ ARE HOLDINGS WASTE DISPOSAL SERVICES / CDC ENVIRONMENTAL CONSUU 12/31/11 EQUIPMENT RENTAL (POWER POLES) MOP. GRAFFITI SUPPLIES / NSD MOP# 45742. LAUNDRY SERVICES/ NSD PARENT PATROL -LIME 2 MESH 1 ENG TRAVEL REIMB / HUD TRAINING GAS AND ELECTRIC UTILITIES / CDC MOP# 45704. OFFICE SUPPLIES/ SEC 8 MOP# 68834. PAINT / NSD MOP# 63850. DRY GAUGE / NSD RADIATOR #103030K0 PAINT & BODY REPAIRS VEH #405 ALL AMERICAN BOOT / PD PC, RACK MOUNT INDUSTRIAL CASE WITH FOOD / NUTRITION CENTER SCBA MASK FIT TESTS / FIRE MILK & DAIRY DELIVERY / NUTRITION WINDSHIELD GREEN TINT/BLUE SHADE MOP 47557 OIL & LUBRICANTS PETTY CASH REPLENISHMENT NOV-JAN CONSULTANT SERVICES / FEB 2012 FIRE ALARM MAINTENANCE / FEB 2012 COX COMMUNICATIONS DATA & VIDEO TIRES 315/80R225 J G291 LP APPEALS, ON-LINE ACCESS / NOV 2011 COMPANY MAINTENANCE / JAN 2012 MOP 74690 TRAFFIC CONTROL SUPPLY CDBG EXPENSE REIMBURSEMENT CONSUL SVCS / BUILDING / DEC 2011 MOP 67804 AUTO PARTS MOP# 65179. BATTERIES / FIRE DEPT GRANICUS WEBCAST SERVICE / MIS MEAT DELIVERY / NUTRITION CENTER FULL NETWORK 57135A FEB 2012 HEALTH NET - R119F FEB 2012 HEALTH NET - 57135F FEB 2012 HEALTH INS R1192A FEB 2012 CONSULTING SVCS / 1/17/12 - 2/17/12 RECORDS MANAGEMENT STORAGE MOP 72449 R&M AUTO EQUIPMENT 125 PLAN REIMBURSEMENT KAISER INS ACTIVE FEB 2012 RETIREES INS/FEB 2012/GR 104220-01 TRANSLATION SERVICES / FY 2012 SUBSCRIPTION UNICODE ONLINE MOP 45735 AUTO PARTS MOP# 65665. MAGNETS / COUNCIL CHK NO DATE AMOUNT 300552 2/7/12 1,597.50 300553 2/7/12 104.75 300554 2/7/12 1,207.27 300555 2/7/12 195-00 300556 2/7/12 82.08 300557 2/7/12 40.02 300558 2/7/12 1,776.44 300559 2/7/12 161.18 300560 2/7/12 299,22 300561 2/7/12 162.38 300562 2/7/12 481.48 300563 2/7/12 22.51 300564 2/7/12 115.28 300565 2/7/12 765.44 300566 2/7/12 1,065.71 300567 2/7/12 11,440.11 300568 2/7/12 3,603.22. 300569 2/7/12 25.00 300570 2/7/12 658.97 300571 2/7/12 158.19 300572 2/7/12 55.33 300573 2/7/12 1,255.10 300574 2/7/12 4,965.00 300575 2/7/12 1,687.10 300576 2/7/12 79.70 300577 2/7/12 2,533.10 300578 2/7/12 6,683.60 300579 2/7/12 1,000.75 300580 2/7/12 488.83 300581 2/7/12 9,005.19 300582 2/7/12 8,300.00 300583 2/7/12 455.21 300584 2/7/12 326.77 300585 2/7/12 1,477.35 300586 2/7/12 1,757.81 300587 2/7/12 6,274.31 300588 2/7/12 2,227.66 300589 2/7/12 1,382.69 300590 2/7/12 60,093.78 300591 2/7/12 4,000.00 300592 2/7/12 135.00 300593 2/7/12 264.51 300594 2/7/12 384.60 300595 2/7/12 165,227.60 300596 2/7/12 21,804.15 300597 2/7/12 140.00 300598 2/7/12 500.00 300599 2/7/12 821.15 300600 2/7/12 4.35 4*, CALIFORNIA �+ 2/2 PAYEE NEXUS IS INC PACIFIC AUTO REPAIR PACIFIC REFRIGERATION INC PADRE JANITORIAL SUPPLIES INC PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD ROBINSON RON BAKER CHEVROLET ROUNDS SAM'S ALIGNMENT SERVICE SAN DIEGO ASSESSOR RECORDER SDG&E SILVA SKS INC. SPARKLETTS STAPLES ADVANTAGE SYSCO SAN DIEGO THE LIGHTHOUSE INC TOM MOYNAHAN TOPECO PRODUCTS U S BANK UNION BANK PARS 6746022500 VCA EMERGENCY ANIMAL HOSPITAL VERIZON WIRELESS WESTAIR GASES & EQUIPMENT INC WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZEE MEDICAL INC SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 3 1/10/2012 Special Payroll Nikirri IT INCORPORATED WARRANT REGISTER #32 2/7/2012 DESCRIPTION NEXUS PHONE SYS SVC / DEC 2011 MOP 72448 R&M AUTO EQUIPMENT R & M REFRIGERATION EQUIP/NUTRIT JANITORIAL SUPPLIES / NUTRITION MOP 45703 R&M AUTO EQUIPMENT MOP 67839 AUTO PARTS MOP 45703 BUILDING MATERIALS 125 PLAN REIMBURSEMENT MOP 45751 R&M AUTO EQUIPMENT 125 PLAN REIMBURSEMENT MOP 72442 R&M AUTO REPAIRS FILING OF NOTICE OF DETERMINATION GAS & ELECTRIC SERVICE/ NUTRITION 125 PLAN REIMBURSEMENT MOBIL 1 SYNTHETIC 15W50 SPARKLETTS WATER / NUTRITION MOP# 45704. OFFICE SUPPLIES/ C CLERK FOOD & CONSUMABLES / NUTRITION MOP 45726 AUTO PARTS MOP 45734 R&M AUTO EQUIPMENT MOP 63849 SHOP SUPPLIES CREDIT CARD EXPENSE - POLICE DEFINED BEN CONVERSION PLAN STRAY ANIMAL VET CARE / POLICE WIRELESS PHONE SERVICE / LIB 34-437 5 COMP MIX 33L DISP BIO / FIRE MOP 63850 AUTO PARTS MOP ELECTRICAL SUPP / ENG ICE PACKS, DELUXE, SMALL Start Date End Date 2/1/2012 2/7/2012 End Date Check Date 1/23/2012 2/1/2012 1/26/2012 CHK NO DATE AMOUNT 300601 2/7/12 340.00 300602 2/7/12 83.65 300603 2/7/12 308.88 300604 2/7/12 145.31 300605 2/7/12 2,270.19 300606 2/7/12 220.18 300607 2/7/12 1,040.58 300608 2/7/12 2,000.00 300609 2/7/12 79.00 300610 2/7/12 2,000.00 300611 2/7/12 162.00 300612 2/7/12 50.00 300613 2/7/12 1,716.66 300614 2/7/12 33.05 300615 2/7/12 101.17 300616 2/7/12 13.22 300617 2/7/12 108.20 300618 2/7/12 4,970.04 300619 2/7/12 17 300620 2/7/12 12 300621 2/7/12 119.63 300622 2/7/12 62.74 300623 2/7/12 34,967.78 300624 2/7/12 252.92 300625 2/7/12 229.82 300626 2/7/12 202.00 300627 2/7/12 20.99 300628 2/7/12 23.13 300629 2/7/12 254.00 A/P Total 379,366.32 698,017.96 905,363.37 5,786.15 GRAND TOTAL $ 1,988,533.80 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 7'HE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. FINANCE CITY MANAGER FINANCE COMMITTEE RONALD J_ MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER 1 HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AN[) THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY "THE CITY COUNCIL ON THE 66 OF MARCH, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 6th, 2012 AGENDA ITEM NO. 15 EM TITLE: Warrant Register #33 for the period of 02/08/12 through 02/14/12 in the amount of $1,237,128.22 PREPARED BY: K. Apalategui; DEPARTMENT: Fin PHONE: I619-336-4331'i APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 02/08/12 through 02/14/12 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Black Rock Construction 300659 65,153.25 ESGIL Corp 3006878 73,790.71 Explanation NC Concrete Improvement Plan Checking Svcs/Bldg �51ic Emp Ret System 300729 267,409.02 Retirement Insurance Service Period 2-12-3 wANPIPA 300738 445,496.50 Liabilyty Ins7/01/11-7/01/12 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,237,128.22 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rrant Register #33 PAYEE PRUDENTIAL OVERALL SUPPLY SWEETWATER AUTHORITY VISTA PAINT AMAZON AMIR A RAHIM BAKER & TAYLOR BRODART CALIFA GROUP EBSCO ACCTS RECEIVABLE MIDWEST TAPE SCHIMMINGER SCLLN C/O TANGELA ASHE SPRINT STAPLES ADVANTAGE U S POSTMASTER WEST WILLY'S ELECTRONIC SUPPLY XEROX CORPORATION "VA INDUSTRIES SON POLICE PRODUCTS ,' uv,' LACED INFRASTRUCTURE AFFORDABLE SERVICE APPLIANCES AFLAC AMADOR DE GUZMAN AMALIA LUCERO ARCO GASPRO PLUS ART D NIELSEN PAINTING INC ART'S WINDOW & CARPET SUPPLIES AT&T/MCI BLACK ROCK CONSTRUCTION BLACKIE'S TROPHIES AND AWARDS BONSUISSE INC BRENNTAG PACIFIC INC BURKE WILLIAMS & SORENSEN LLP CAPE CA ASSOC OF CODE ENFORCEMENT CALIFORNIA COMMERCIAL SECURITY CALIFORNIA HIGHWAY ADOPTION CO CALIFORNIA LAW ENFORCEMENT CINTAS DOCUMENT MANAGEMENT CITY NATIONAL BANK CITY OF CHULA VISTA CLEAN HARBORS ITECH, INC DRATE PAYMENT SYSTEMS COUNTY OF SAN DIEGO COX COMMUNICATIONS D.E. WILLIAMS SHIELDS DAPPER TIRE COMPANY INCORPORATED WARRANT REGISTER # 33 2/14/2012 DESCRIPTION MOP# 45742. LAUNDRY SERVICES/ NSD WATER UTILITIES / CDC MOP# 68834. PAINT / NSD BOOKS - AS NEEDED FOR FY 2012. PERFORMER FOR CHILDREN'S PROGRAM BOOKS - AS NEEDED FOR FY 2012. BOOK PROCESSING SUPPLIES CALIFA MEMBERSHIP FOR FY 2012_ MAGAZINES AND PERIODICALS SUBSCRIPTION DVD'S - AS NEEDED FOR FY 2012. CRAFT SUPPLIES - TARGET MINI GRANT 2012 SCLLN MEMBERSHIP DUES VIDEO CONFERENCING, LONG DISTANCE MOP #45704 - SUPPLIES POSTAGE FOR OVERDUE NOTICES BOOKS -AS NEEDED FOR FY 2012 MOP # 45763 - SUPPLIES XEROX BASE CHARGES AND OVERAGES POOL CHEMICALS SUPPLIES FOR POLICE DEPARTMENT DVD-RDRVX515 / PW PARTS TO REPAIR WATER PUMP AFLAC ACCOUNT BDM36 FEB 2012 REFUND - OVERPAYMENT CITATION REFUND - VIOLATION DISMISSED FUEL FOR CITY FLEET PAINTING AS NEEDED BL Admin Refund SBC AT&T PHONE SERVICE / CITY NATIONAL CITY CONCRETE IMPROVEMENTS MOP# 67727. CM PLAQUE / POLICE MILK & DAIRY / NUTRITION POOL CHEMICALS SERVICES THROUGH NOV 30, 2011 FIRE/LTD FEB 2012 CACEO MEMBERSHIP - CCO OLSON MOP 45754 BUILDING MATERIAL PARADISE CREEK EDUCATIONAL PARK LITTER PDILTD FEB 2012 MONTHLY SHREDDING / POLICE PMT#8 ENERGY RETROFIT PROJECT ANIMAL SHELTER COSTS / 12/2011 HAZARDOUS WASTE PICKUP TUITION FOR FORENSIC VIDEO CREDIT CARD EXPENSES/CITY - CDC RCS COMMUNICATIONS MAINT/JAN 2012 COX DATA AND VIDEO / MIS 6" PASSPORT SHIELD / FIRE MOP 72654 TIRES 1/3 CHK NO DATE AMOUNT 300630 2/14/12 26.68 300631 2/14/12 138.36 300632 2/14/12 334.41 300633 2/14/12 467.58 300634 2/14/12 275.00 300635 2/14/12 33.01 300636 2/14/12 895.62 300637 2/14/12 4,884.00 300638 2/14/12 5,862.46 300639 2/14/12 692.46 300640 2/14/12 8.60 300641 2/14/12 150.00 300642 2/14/12 11.39 300643 2/14/12 61.23 300644 2/14/12 272.36 300645 2/14/12 114.74 300646 2/14/12 14.92 300647 2/14/12 2,055.97 300648 2/14/12 493.84 300649 2/14/12 3,795.38 300650 2/14/12 430.63 300651 2/14/12 495.00 300652 2/14/12 1,047.88 300653 2/14/12 35.00 300654 2/14/12 305.00 300655 2/14/12 38,498.43 300656 2/14/12 775.00 300657 2/14/12 10.50 300658 2/14/12 357.32 300659 2/14/12 65,153.25 300660 2/14/12 59.81 300661 2/14/12 180.62 300662 2/14/12 1,140.28 300663 2/14/12 3,582.50 300664 2/14/12 560.00 300665 2/14/12 75.00 300666 2/14/12 9.90 300667 2/14/12 864.00 300668 2/14/12 1,579.50 300669 -2/14/12 72.95 300670 2/14/12 43,101.10 300671 2/14/12 26,198.00 300672 2/14/12 1,467.78 300673 2/14/12 1,500.00 300674 2/14/12 618.60 300675 2/14/12 9,165.56 300676 2/14/12 3,029.12 300677 2/14/12 486.00 300678 2/14/12 1,224.91 PAYEE DARREL FREEMAN DELL MARKETING CORP DELTA CARE USA DELTA CARE USA DELTA DENTAL DELTA DENTAL DREW FORD EMPLOYMENT DEVELOP DEPT ESGIL CORPORATION EXPERIAN FALLEN OFFICERS FUND FALLEN OFFICERS FUND FERGUSON ENTERPRISES INC FIRE ETC FOREIGN SPEEDO INC GAYLENE GRAVES CSR GEORGINA COPELAND GRAINGER GTC SYSTEMS INC HAMILTON MEATS & PROVISIONS HEALTH NET INC HONEYWELL INTERNATIONAL INC HUNTER'S NURSERY INC ICC SAN DIEGO AREA CHAPTER IKON OFFICE SOLUTIONS IOS INDEPENDENT FORENSIC SERVICES INT'L HISPANIC NETWORK BUS JERAULDS CAR CARE CENTER JOHN DEERE LANDSCAPES JUDD ELECTRIC KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS LIEBERT CASSIDY WHITMORE LOPEZ MAYER HOFFMAN MCCANN P C MELLADO DESIGNS METRO FIRE & SAFETY MUNICIPAL CODE CORPORATION MURILLO NEXUS IS INC NIXON EGLI EQUIPMENT CO NMA NMA NMA ONE STOP PARTS SOURCE ORKIN PEST CONTROL PACIFIC AUTO REPAIR PRO BUILD PRO -EDGE KNIFE - INCORPORATED WARRANT REGISTER # 33 2/14/2012 DESCRIPTION REFUND - VIOLATION DISMISSED DELL POWEREDGE R610 PMI DENTAL INS FEB 2012 PMI COBRA DENTAL INS NOV 2011 DENTAL INS FEB 2012 COBRA DENTAL INS NOV 2011 MOP 49078 AUTO PARTS 932-0101-0 EDD INS 10/1/11-12/31/11 PLAN CHECKING SERVICES / BUILDING CREDIT CHECKS / POLICE DEPARTMENT CA ANNUAL GANG CONFERENCE CA ANNUAL GANG CONFERENCE MOP 45723 PLUMBING MATERIAL REPLACEMENT BOOTS / FIREFIGHTERS SPEEDOMETER CHECKS REPORTERS TRANSCRIPT / OCT 20, 2011 REFUND - CITATION DISMISSED MOP 65179 ELECTRICAL MATERIAL NETWORK ENG SERVICE / JAN 2012 MEAT DELIVERY / NUTRITION CENTER HEALTH INS 57135J FEB 2012 SERVICE, REPAIRS MOP 45719 HORTICULTURE ITEMS 2012 CDC UPDATES SEMINAR COPIER EQUIP LEASE/2/21/12-5/20-12 SART EXAMS / POLICE MEMBERSHIP INT HISPANIC NETWORK REAR SEALS & BREAKS / PW MOP 69277 PLANTING MATERIALS ELECTRICAL REPAIRS KAISER RET INS FEB 2012 RET INS -COBRA NOV 2011 PROFESSIONAL SVCS OCT 31, 2011 TRANSLATION SERVICES / FY 2012 ANNUAL AUDIT OF CDC ENDED 6/30/11 RH45 SIZE: SMALL COLOR PINK/BLUE FIRE EXTINGUISHER CERTIFICATION MUNICIPAL CODE SUPP#34 UPDATE 3 REFUND - DIRECT DEP#150762 NEXUS PHONE SYS SVC / JAN 2012 STREET SWEEPER PARTS 16TH ANNUAL STATEWIDE BANQUET 16TH ANNUAL STATEWIDE BANQUET 16TH ANNUAL STATEWIDE BANQUET BRAKE ROTORS DRO 680110P PEST MAINTENANCE SMOG CERTIFICATION/ REPAIRS MOP# 45707. SUPPLIES FOR FIRE DEPT KNIFE SHARPENING SVCS / NUTRITION 2l3 CHK NO DATE AMOUNT 300679 2/14/12 50.00 300680 2/14/12 14,971.43 300681 2/14/12 3,081.73 300682 2/14/12 109.48 300683 2/14/12 12,746.10 300684 2/14/12 691.33 300685 2/14/12 373.00 300686 2/14/12 13,350.00 300687 2/14/12 73,790.71 300688 2/14/12 27.48 300689 2/14/12 80.00 300690 2/14/12 80.00 300691 2/14/12 573.33 300692 2/14/12 140.29 300693 2/14/12 90.00 300694 2/14/12 150.35 300695 2/14/12 305.00 300696 2/14/12 508.25 300697 2/14/12 585.- 300698 2/14/12 6E 300699 2/14/12 1,349.uI 300700 2/14/12 531.07 300701 2/14/12 327.41 300702 2/14/12 50.00 300703 2/14/12 18,945.35 300704 2/14/12 471.00 300705 2/14/12 1,500.00 300706 2/14/12 948.52 300707 2/14/12 1,05073 300708 2/14/12 859.20 300709 2/14/12 12,160.93 300710 2/14/12 4,337.73 300711 2/14/12 8,920.00 300712 2/14/12 140.00 300713 2/14/12 2,325.00 300714 2/14/12 288.19 300715 2/14/12 195.59 300716 2/14/12 203.13 300717 2/14/12 22.95 300718 2/14/12 1,922-30 300719 2/14/12 175.49 300720 2/14/12 75.00 300721 2/14/12 75.00 300722 2/14/12 59 300723 2/14/12 41, 300724 2/14/12 373.33 300725 2/14/12 701.01 300726 2/14/12 90.20 300727 2/14/12 46.00 PAYEE PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM QUAL CHEM CORP RELIANCE STANDARD ROUSE E KAY RPM WELDING INC S D UNIFIED PORT DISTRICT SAN DIEGO BMW MOTORCYCLES SAN DIEGO COUNTY ASSESSOR SAN DIEGO MIRAMAR COLLEGE SANDPIPA SEGNI CONSTRUCTION INC SKS INC. SMART SOURCE OF CA LLC SMART SOURCE OF CA LLC STANLEY ACCESS TECHNOLOGIES STAPLES ADVANTAGE STARTECH COMPUTERS S' PERIOR READY MIX ETWATER AUTHORITY :O SAN DIEGO TARGETSAFETY THE LINCOLN NATIONAL LIFE INS THE STAR NEWS U 5 BANK U S BANK U S BANK U S HEALTHWORKS UNDERGROUND SERVICE ALERT UNION TRIBUNE UNION TRIBUNE PUB CO UNITED PARCEL SERVICE UNITED ROTARY BRUSH CORP VERIZON WIRELESS VICTOR GUZMAN W W GRAINGER INC WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WIRED PAYMENTS TRISTAR RISK MANAGEMENT ON 8 HAPS PAYMENTS INCORPORATED - WARRANT REGISTER # 33 2/14/2012 DESCRIPTION MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 2-12-3 GRANULAR SEWER LINE MAINTAINER VTL FEB 2012 REFUND - CITATION OVERPAYMENT REPAIR FOOTBALL FIELD PANEL / PW SD BAY WURMP / NC COST SHARE R&M CITY VEHICLES RECONVEYANCE OLD HOMES FILES REGIONAL OFFICER TRAINING LIABILITY INS / 7/01/2011 - 7/01/2012 REFUND C&D DEPOSIT/1400W 28TH ST CHV DELO 400 LE 15W40 OIL / PW MOP 63845 ENVELOPES - COMM SVC MOP# 63845. BUSINESS CARD / ENG DOOR REPAIRS MOP# 45704. OFFICE SUPPLIES/ POLICE MOP# 61744. COMPUTER SUPP / MIS TACK OIL WASTEWATER WATER BILL FOOD & CONSUMABLES / NUTRITION ANNUAL USER LICENSE / FIRE LIFE & AD&D, STD LTD INS FEB 2012 ADVERTISING AD# 4675, 4660 & 4676 CREDIT CARD EXPENSE / POLICE CREDIT CARD EXPENSE / CSD CREDIT CARD CHARGES / POLICE PRE -EMPLOYMENT PHYSICAL EXAMS UNDERGROUND SVC ALERT CHARGES ADVERTISING / PLANNING COMMISSION LEGAL NOTICES ADVERTISING FY2012 UPS SHIPMENT / FIRE DEPT SWEEPER REPAIRS VERIZON CELL PHONE / POLICE VIOLATION DISMISSED NC211028012 MOP# 65179. SUPPLIES / ENG JANITORIAL SUPPLIES CA EVIDENCE CODE ANNOTATED, 2012 JAN 2012 WC REPLENISHMENT Start Date 2/8/2012 End Date 2/14/2012 GRAND TOTAL 3/3 CHK NO DATE AMOUNT 300728 2/14/12 300.66 300729 2/14/12 267,409.02 300730 2/14/12 463.28 300731 2/14/12 2,438.17 300732 2/14/12 10.00 300733 2/14/12 1,900.00 300734 2/14/12 768.00 300735 2/14/12 584.95 300736 2/14/12 432.00 300737 2/14/12 13.00 300738 2/14/12 445,496.50 300739 2/14/12 15,914.71 300740 2/14/12 1,861.92 300741 2/14/12 1,114.71 300742 2/14/12 220,77 300743 2/14/12 405.75 300744 2/14/12 758.64 300745 2/14/12 402.60 300746 2/14/12 110.44 300747 2/14/12 259.88 300748 2/14/12 2,008.70 300749 2/14/12 2,960.00 300750 2/14/12 8,066.14 300751 2/14/12 161.44 300752 2/14/12 884.77 300753 2/14/12 288.91 300754 2/14/12 64.18 300755 2/14/12 100-00 300756 2/14/12 156.00 300757 2/14/12 730.80 300758 2/14/12 391.20 300759 2/14/12 57.00 300760 2/14/12 1,472.58 300761 2/14/12 59.46 300762 2/14/12 35.00 300763 2/14/12 45.36 300764 2/14/12 325.27 300765 2/14/12 65.25 AN Total 1,162,283.55 UB879656 2/10/12 60,721.82 14,122.85 S 1,237,128.22 Certification IN ACCORDANCE WITH SECIION 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 AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. FINANCE) CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER I IIEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY 771E CITY COUNCIL ON THE 6th OF MARCH, 2012. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 6, 2012 AGENDA ITEM NO.16 M- TITLE: Request for City Council approval of the Disqualifying Criteria of a Community and Police Relations_ Commissioner and the Supplemental Application to the City Application for Appointment to Boards, Commissions, and Committees. PREPARED BY: Lauren Maxilom DEPARTMENT: C mrr1 city Services PHONE: (619) 336-4289 APPROVED BY: EXPLANATION: council requested a recommendation from the Community and Police Relations Commssitw (CPRC) to determine what qualifies as a "passing background check." The CPRC created an ad hoc committee to review their options and make a recommendation. The CPRC reviewed the ad hoc committee recommendation and established Disqualifying Criteria and created a Supplemental Application specific to the CPRC. Council reviewed the CPRC's recommendations on January 10, 2012 and requested staff return with additional options considering types of crimes and time limits in which crimes would be disqualifying. Other general language changes were also considered. Staff has prepared a draft table listing the classifications of various crimes and the various time limits in which they could be disqualifying. Council has the discretion to make the final determinations. Attached for the Councils consideration are drafts of the revised Disqualifying Criteria for a CPRC Commissioner and CPRC Supplemental Application. These items are consistent with the provisions in line with tC Operating Procedures Section 3.02. Specifically, these documents elaborate and more clearly define _ , _rating Procedures Section 3.02. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Accept documents as presented BOARD ! COMMISSION RECOMMENDATION: I he CPKC recommended approval of the Disqualifying Criteria of a CPRC Commissioner and the amended Supplemental Application in a unanimous vote (4-0) on November 17, 2011. ATTACHMENTS: Disqualifying Criteria for Community and Police Relations Commissioner Supplemental Application to the City application for appointment to boards, commissions, & committees. 3. Operating Procedures Section 3.02 Disqualifying Criteria for Nati( City Community and Police Relations Commission Felonies Lifetime 20 years 15 years 10years "5: years Crimes against Persons *including but not limited to Assault & Battery , x Domestic Violence x Elder/Child Abuse x Manslaughter x Murder x Sexual Acts w/ Minor x Rape x r Crimes against Property *including but not limited to Arson x , Burglary x Embezzlement x Extortion x Fraud x Forgery & Counterfeiting x Possession of stolen property x Theft x Crimes involving Drugs *including but not limited to Illegal Drug Use x Possession or Sales x Production of Drugs x Crimes against Public Justice Bribery Sc, Corruption x Impersonating a Peace Officer x Disqualifying Criteria.for National City Community and Police Relations Commission Misdemeanors Lifetime 20 years 15 years 10 vears 5years Crimes of Moral Turpitude *including but not limited to Burglary x Embezzlement x Forgery x Fraud x Possession of stolen property x Theft x Crimes involving Drugs or Alcohol *including but not limited to Disorderly Conduct x Under the Influence x Unlawful Possession x Crimes against Persons *including but not limited to Assault & Battery x Manslaughter x CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Planning Commission Public Art Committee* Traffic Safety Committee Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: Home Address: Tel. No.: Business Affiliation: Title: Business Address: Tel. No.: Length of Residence in National City: San Diego County: California: Educational Background: Occupational Experience: Professional or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous Public Service Appointments: Experience or Special Knowledge Pertaining to Area of Interest: Have you ever been convicted of a felony crime? No Yes: misdemeanor crime? No:_ Yes: _ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: Signature: Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revised: Match 2012 3 BOARDS, COMMISSIONS & COMMITTEES Meeting Times and Locations Civil Service Commission Second Thursday of every other month 5:30 p.m. — Civic Center Conference Room Community and Police Relations Commission Third Thursday of February, May, August & November 6:00 p.m. — City Council Chambers Library Board of Trustees Second Wednesday of every month 4:30 p.m. — Library Parks, Recreation & Senior Citizens Advisory Board Third Thursdays of every month 4:00 p.m — Civic Center Conference Room Planning Commission First and Third Monday of every month 6:00 p.m. — City Council Chambers Public Art Committee Fourth Tuesday of January, April, July, October 3:00 p.m. — Civic Center Conference Room Traffic Safety Committee Second Wednesday of every month 3:00 p.m. — Civic Center Conference Room Supplemental Application: National City Community and Police Relations Commission The National City Community and Police Relations Commission serves as an independent, unbiased and impartial office that is readily available to the public. It is an organization for the improvement of police and community relations and the facilitation of disputes whenever possible. It provides a forum for citizens to voice their concerns, comment about police conduct, practices and policies and improvestommunication between citizens and the National City Police Department The National City Community and Police Relations Commission is empowered to receive and review complaints regarding National City Police Department Personnel for alleged misconduct, and to recommend appropriate changes of Police Department policies and procedures toward the goals of safeguarding the rights of persons and promoting higher standards of competency, efficiency and justice in the provision of community policing services. Applicants must be completely forthright and truthful during the application process. Applicants may be disqualified in the background process as a result of dishonesty and/or purposely omitting information regarding one's criminal history. Given the complexity of this Commission and its duties, it is necessary to pass a criminal background check prior to appointment by City Council and/or swearing in as Commissioner. Upon conditional appointment the Human Resources department will contact you to schedule the criminal background process when, and if appropriate. It is important to note that you fill out this application completely and honestly to the best of your abilities. Failure to disclose your criminal history may result in disqualification. If a conviction has been expunged disclosure is not required. Have you ever been convicted of a felony crime: No: Yes: Have you been convicted of a misdemeanor: No: _ Yes: If any convictions were expunged disclosure is not required. Please feel free to provide an explanation or information regarding yes answers to the above two questions. There may be circumstances that could disqualify an applicant from the background process beyond the listed crimes below. Each incident is evaluated in terms of the circumstances and facts surrounding its occurrence and its degree of relevance to the position. Disqualifying criteria for Community and Police Relations Commissioner: **See attached table Disqualifying Criteria for National City Community and Police Relations Commission Felonies Lifetime 20 15 10 5 years Years years years -Crimes against Person*, _ *including but not limited to Assault & Battery X Domestic Violence x Elder/Child Abuse x Manslaughter x Murder - . x Sexual Acts w/ Minor x Rape x Crimes against Property *including but not limited to Arson x Burglary x Embezzlement X Extortion x Fraud ' x Forgery & Counterfeiting x Possession of stolen property x Theft x Crimes involving Drugs 'including but not limited to Illegal Drug Use x Possession or Sales x Production of Drugs x Crimes against Public Justice Bribery & Corruption x Impersonating a Peace Officer x Misdemeanors Lifetime 20 15 10 5 years years years years Crimes of Moral Turpitude *including but not limited to Burglary X Embezzlement X Forgery x Fraud x Possession of stolen property X Theft x Crimes involving Drugs or Alcohol Lifetime 20 15 10 5 years *including but not limited to years years years Disorderly Conduct x Under the Influence x Unlawful Possession - - X Crimes against Persons `including but not limited to Assault & Battery x Manslaughter x National City Community and Police Relations Commission Operating Procedures Section 3.02 The COMMISSION shall consist of nine members, of which seven shall be voting members that may include two non-residents of the CITY, and two shall be non -voting members: one from a Human Rights Advocacy Organization; and one from the National City Police OFFICERS Association. Vacancies in COMMISSIONER positions shall be nominated and appointed as follows: (a) The COMMISSION shall solicit applications through the City Clerk, the CITY Office of Community Services, the established Neighborhood Councils, the COUNCIL, and the general public. (b) The CITY MANAGER shall appoint a committee to review applications and recommend an appropriate number of nominees to fill impending vacancies. The committee shall consist of two COMMISSION members, either a past COMMISSIONER or one not applying for reappointment, two members of the community at -large, and the CONSULTANT when designated. Three of the committee members, including one COMMISSION member and any CONSULTANT, shall serve as the interview panel. (c) Selection criteria shall include a record of community involvement and the absence of any real or perceived bias or conflict of interest. (d) The CITY MANAGER shall recommend nominees to the COUNCIL for appointment, together with such nominees as the COUNCIL may wish to submit and consider. (e) When selecting COMMISSIONERs, consideration should be given to appointments that will cause the group to reflect the demographic make-up of the CITY as best practicable. The final nominees selected by COUNCIL for appointment will be required to pass a criminal background check performed by an agency other than the DEPARTMENT prior to their actual appointment. (I) In the event the COUNCIL fails to appoint a nominee, the CITY MANAGER shall initiate the process again within 30-days after the COUNCIL action. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 6, 2012 AGENDA ITEM NO, 17 M TITLE: Review of amended Application for the Community and Police Relations Commission (CPRC) in light of Disqualifying Criteria and the Supplemental Application to the City Application for Appointment to City Boards, Commissions, and Committees.. PREPARED BY: Lauren Maxilom PHONE: (619) 336-4289 EXPLANATION: DEPARTMENT: nity Services APPROVED BY: An amended application for appointment has been received from Mr. Frank Lopez and is attached for your information and consideration. Upon Council's initial review of the amended application on August 2, 2011, Council suspended the Commissioner from participating on CPRC, pending recommendation from CPRC to amend their operating procedures to address what constitutes a passing background check. On January 10, 2012, Council continued the item until staff amended the recommendations to include options with classifications of various crimes and the time limits in which the crimes would be disqualifying along with other general language changes. .4- Based on the Council action regarding the Disqualifying Criteria the Council can now address the amended application. There are two main issues to consider in reviewing the amended application: 1) the most recent criminal conviction noted in the public record is a felony drug conviction from 1994; and, 2) the change in answer regarding criminal convictions from "no" to "yes". staff report 3/6/12 for following steps. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Dependent on Council action taken from preceding Council Agenda Item regarding Disqualifying Criteria. BOARD / COMMISSION RECOMMENDATION: Based on the Commissions previous recommendation to Council for approval of the Disqualifying Criteria this application would be disqualified. ATTACHMENTS: Staff Report (3/6/12) :. Amended CPRC Application Staff report for CPRC amended application for appointment: In addressing the two main issues, staff suggests the following two-step process. Options regarding each step are included. 1. Application of the disqualifying criteria to the amended application. a. Apply the updated criteria to the suspended commissioner and determine whether it would disqualify the commissioner from the meeting the requirement of having successfully passed a background check. Under this option, Council would refer to the criteria adopted in the earlier agenda item, and review whether the time frames for the types of criminal convictions could disqualify the commissioner. If this option is chosen and the disqualifying criteria could disqualify the commissioner, given his prior criminal convictions, then a hearing would be set. The purpose of the hearing is to provide the commissioner an opportunity to he beard on the matter and for Council to decide whether to remove the commissioner from the appointment. or b. Apply the disqualifying criteria prospectively only, thus it would not be applicable to the currently suspended commissioner. If this option is chosen, the Council will still need to address whether the change in answer should be disqualifying (see step 2). 2. Review of the answer change in the amended application. The amended application contains a change from the original application. The commissioner had originally marked 'no" and his amended application marks 'yes' when asked about prior criminal convictions. a. The Council can inquire about this change, and determine that this change could be disqualifying. If this option is chosen, then the Council would set a hearing for the purpose of providing the commissioner and opportunity to he be heard on the matter, and for Council to decide whether to remove the commissioner from the appointment based on the change in answer. or b. The Council can accept and file the amended application without further inquiry and lift the suspension (Page 1 of 1) Frank Lopez 24.21 N Avenue, Nation:t City, CA 91950 619-869-6652 llopez(a?csbcs.urg May 3, 2011 Mr. Mike Dalla City Clerk City of National City 1243 National City Boulevard National City, CA 91950 R1?: Amended Application to City Boards and (. ommissions Dear Mr_ Dalla, RECEIVED CITY CLERK 2011 MAY -- ti A b: 4 8 CITY OF NATIONAL CIT Y are submitting an amended City of. National City Application for Appointment to City Boards, Commission and ComImittee. Attached, please find revised application, along with updated resume. This application shall replace theapplication submitted on January 2.5, 2011. 1 would like to take this opportunity to convey what a pleasure it has been to serve.as a volunteer on the Community and Police Review Commission. It has been very rewarding and great learning experience to have been appointed to serve the City of National City in this capacity. I look forward to keep on serving as a Community and Police Review Commissioner. If you have any rluestions or neat Moller information, please feel free. to contact inc at 619-869-6652.. 4 (Page 1 of 1) CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES 6 Civil Service Commission '1 Community & Police Relations Commission' 3 Library Board of Trustees 5 Parks, Recreation & Senior Citizens Advisory Board 1 Planning Commission 7 Public Art Committee' 2 Traffic Safety Committee Note: Applicants must be residents of the City of National City except for those marked by an' Name: frank Lopez Home Address: _2421 N Avenue, National City CA, 91911_ Tel. No.: 619-869-66b2 Business Affiliation: South Bay Community Services Title: Director —Youth In Transition Business Address: 1124 Bay Blvd, Suite D. Chula Vista CA 91911 Tel. No.: 619-628-.2411 Length of Residence in National Cily: 19i17 - San Diego County: 1967 - California: 1966 Educational Background: San Diego City College Mechanical Engineering 1988 Southwestern College, Chula Vista, CA - Drafting 1989 Occupational Experience: 18 years of experience in providing services Mal reinforces family'ssoles in the community and has assisted youth to identify strengths to become self-sufficient (See AttachedResumei Professional or Technical Organization Memberships: Board member Izcaili Organization, National City Chamber of Commerce member, Former Chair Countywide AdvertisintLand Marketing_ Workgroup, Responsible Beverage Server Workgroup, MADD Alcohol Policy Panel Civic or Community Experience, .Membership, or Previous Public Service Appointments: Co -Chair So. t.3ay Cinco de Mayo conOrgutlo,,,Fomrer Chair Alcohol Tobacco and Other Drugs Task Force Experience or Special Knowledge Pertaining to Area of Intefest: State Certification- Administrator Have you ever been convicted of a crime? No'._ Yes Date: / v�/r� 26 / Signatur, Please feel tree to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk '1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City, Residency regnirr:rnenis may not apply (Page 1 of 1) Frank Lopez 2421 N Avenue. National City, CA 91950 619-869-6( 52 ►lopez(iPeshcs.org IExperience South Bay Community Services 1121 Bay Boulevard, Suite 1), Chula Vista, CA 91911 Program Director- Youth In Transition July, 2007- Present Responsible for providing housing and supportive services to Youth in Transition ages 12-24. Program Director is responsible of day to day operations of programs to meet goal and objectives, which include Trolley Trestle, independent Living Skills, Workforce Investment Act/EXCEL, Transitional 1-loosing Program Plus and Casa Nuestra homeless and runaway shelter. • Alcohol, Tobacco, and Other Drags (ATOD) Task Force April, 2003 -- July 2007 Chair Countywide Binge and Underage Drinking Initiative Alcohol Marketing \,Vorkgroup. Coordinate an Environmental Prevention and reduction of Alcohol, Tobau:u and Other Drugs availability and usage in the South Bny Community. Build community capacity and support collaborative efforts by increasing awareness, education and policy advocacy, among elected otlicials and residents of National City. Operation Somalian, Inc. 2841. Jlighland Avenue, National City, CA 91950 Teen Outreach Coordinator- Youth 2 Youth Center August, 2001 — April, 20113 Manage and oversee Outreach activities. Supervise and train Youth Peer Educators. Provide support to Teen Clinic: with Family Planning, 'Teen Pregnancy Prevention, H1VISTI Education, 1-ITV antibody Pre -Post test counseling and assist with special projects as required. Collaborate and support Health Education activities promotions. Assist in the determination of linguistic aucl cultural appropriateness and the translation of Educational materials. Network with eornmunity social service agencies; coordinate health fairs, and community awareness activities in South Bay. Maintain Lain documentation in connpiiance with fooling sources. Vida lulegracioo del Hombre A.C. Trntarnicnto en Adicciones Para Menar-es 924 Avenida Ryerson, Ensenada, Baja California 1'uuth 7 rCatrraent Program Coordinator September, 2000 — July, 2001 initialize the start up ofa comprehensive Adolescent Rehabilitation Program in Baja California, Mexico. Served as it consultant to create and institutionalize positive youth daily activities such as Scholastic, Spiritual, Physical, Health and Drug & Alcohol rehabilitation education. Supervise support staff and work closely with Medical Director, Psychiatric Director, Psychologists -and Execrative Director to evaluate -adolescents' physical and emotional daily stability. Provide individual, group, and family therapy to recognize disease of addiction and to rehabilitate residents and families social, spiritual, labor and educational personal values Family 1lcatl.11 Canters of San Diego (formerly known as Logan heights 1'aunily Health Urnrer) 1809 National Avenue, San Diego, CA 92113 Program Coordinator July, 1997 -- August, 2000 Male Involvement Initiative -Smart Teens Educating Peers (S 1 E.P - Laser Tattoo Removal - Te<en.5'rmrt Outreach Program Plan, develop, implement and evaluate State and County Granted Programs. Oversee day-to-day program operations, supervision, hiring of staff, budget monitoring and program compliance. Develop and reline hcan" education and outreach curriculum and materials utilized by the programs. Collect and analyze program data facilitate fiunders with quarterly reports. Provide support to Teen Clinic with family planning, teen pregnancy prevenlioa, li1V/S T1 education, HIV antibody pic:-.lost lest counseling and assist with special projects as reouired. 3 (Page 1 of 1) Bilingual LIIVLAA)SStreet Outreach Health Educator - HIY rtntilurlypre-post test counselor September, 1996 - July, 1997 Street (Outreach to high -risk population..Co]lecticompile.data for heeds assessments, and -quarterly reports, network with other social service agencies, coordinate health fairs, and community awareness activities, supervise and train Teen -I'm -Educators. Collaborate and support all H13D-activities, assist in the determination of linguistic and cultural appropriateness and the translation of BED materials. Mire -A -Youth, San _Diego Consortium & Privalcindustry Canncit 1551 Fourth Avenue, Suite 600, San Diego, CA 92101 Youth Empinymenl Representative June, 1996 - September,1996 Served as youth advocate to resolve/troubleshoot internship issues; assist youth in successfidly seeking employment, Coordinate Career hair and organize workshop lin resume portfolio building, provide ideas and insights that youth implemented while seeking employment. I'rovide technical assistance to employers on evaluation of youth performance. San Diego Urbana League Inc. 4261 Market Street, San Diego, CA 92102 I rrnrilySupyorl Worker April, 1996 - Octobcr,.1996 Conduct home visitations as required to enhance parenting skills to individuals having difficulties implementing discipline to their children, or youths demonstrating problems in behaviors such as in school, family matters or with peers provide practical information related to children language, provide support to families in identifying and obtaining -community resources. Modern Plastics Technology 675 Anita Street, Chula Vista, CA 91911 Aerospace Manufacturing.Srrpervisor January, 1987 - August 1995 Supervise and assisted employees in the manulhcturing of aerospace Tools & Dies, train new employees in the proper procedure of nrurufi daring, prepare tool orders, expedite jobs, and maintain tolerances and quality of the product, troubleshoot., screen individuals for possible hire, and maintain budget for fiscal year. Qualifications 1 Multi -cultural Outreach • One on One Counseling > Slate certified PRE -POST test Counselor N 111V/AIDS Education Certified ➢ V]uno-lingual group presentations Skulls • 13 years experience as a supervisor • g years experience in public relations Planning, Developmental & implementation skills 11;rhtc:a t ion 1984 l9S( 1987 1988 San Diego 1ligh School: San Diego, Cif Comprehensive Training System: (:hula Vista, CA San Diego City College: San Diego, CA Southwestern College.: Bonita, CA liar,,,, ucec available upon reguesl Teen Pregnancy Prevention Education Community Leader Hombres con Palabra Curriculum 14Itication Facilitate 12 step program State Community Care Licensing Certified Excellent oral and written communication Microsoft Word, MS Work, Excel, li-rnnail ' Proven record as n team player CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 6, 2012 AGENDA ITEM NO. 18 tM- TITLE: Hearing to provide CPRC Commissioner an Opportunity to Be Heard Regarding an Amended 'Application and to Provide Council an Opportunity to Take Further Action on the Amended Application, up to and including potential removal of commissioner. PREPARED Y: Lauren Maxilom DEPARTMENT: ty Services PHONE: (619) 336-4289 APPROVED BY: EXPLANATION: \� Based on the decision regarding the disqualifyingcriteria and review of an - •� application the 9 g Council can now provide the commissioner an opportunity to be heard before the Council on the matter and making their decision of whether to terminate the appointment based on not having passed a background check and/or provide the commissioner an opportunity to be heard before the Council based on the change in answer regarding criminal convictions from "no" to "yes". FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Based on the Community and Police Relations Commissions' previous recommendation to Council for approval of the Disqualifying Criteria this application would be disqualified and therefore appointment would be terminated. BOARD / COMMISSION RECOMMENDATION: The CPRC did not review the amended application. ATTACHMENTS: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 6, 2012 AGENDA ITEM NO. 19 EM TITLE: Request to use Martin Luther King Jr. Community Center (North and South Rooms, including kitchen and entire parking lot), Kimball Senior Center, and Kimball Recreation Center by MANA de San Diego for a "Dia de la Mujer Latina Health Festival" on April 20-21, 2012. This is not a City sponsored or co- sponsored event and therefore not entitled to sponsorship fee reductions. However, the Applicant will be reauestina a waiver of fees. PREPARED BY: Joe Smith DEPARTMENT: Public W PHONE: 336-4587 APPROVED BY: EXPLANATION: Fees: Hall Fee $3,180.84 Senior Center Staff $ 49.50 Custodial $ 683.00 Parking Lot Closure $ 113.72 Chairs/Tables $ 332.90 Non-Waivable Fee Refundable Deposits: Facility Use Fee $ 150.00 Cleaning: $300.00 Kitchen: $ 60.00 The total, including non-waivable fees, is $4,509.96 with refundable deposits of $360.00. cAe attached Explanation. FINANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: This event is not a City -sponsored or co -sponsored event. Staff recommends approving the Facility Use Application with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: )lanation /Applicant's letter dated February 1, 2012 Facility Use Application Certificate of Liability Insurance Explanation MANA de San Diego, a non-profit organization, is requesting the use of the Martin Luther King Jr. Community Center (North and South Rooms, including kitchen and entire parking lot, Kimball Senior Center and Kimball Recreation Center for a health festival (San Diego Dia de la Mujer Latina) on Saturday, April 21, 2012, from 9:00 am to 4:00 pm. Applicant is requesting a waiver of fees. Fees are as follows for each of the facilities. Martin Luther King Jr. Community Center (North and South Rooms, kitchen and entire parking lot) • Dates: Friday, April 20, 9:00 am to 5:00 pm for setup Saturday, April 21, 6:00 am to 8:00 pm for event Total: 22 hours • Fees: Use of MLK $2,579.72 Kitchen 50.00 Bldg Use Fee (non-waivable) 50.00 Setup/Breakdown/Cleanup 560.00 Chairs 225.00 Tables 47.00 Parking Lot Closure 113.72 TOTAL: $3,625.44 • Deposits (Refundable): Cleaning 100.00 Kitchen 60.00 TOTAL $ 160.00 • Parking Lot: Applicant is requesting parking lot be closed to traffic on Saturday, April 21. Applicant is to contact Longshoremen's Union regarding this. "No Parking" signs will be posted on Wednesday, April 18, and barricades will be left on site on Thursday, April 19, to be put up by applicant on event day. Signs and barricades will be removed on Monday, April 23, during regular working hours. • Access: Custodian will open/close the facility on both dates. Kimball Senior Center • Date: Saturday, April 21, 8:00 am to 12:30 pm Total: 4.5 hours • Fees: Use of Center $ 316.62 Bldg Use Fee (non-waivable) 50.00 Setup/Breakdown/Cleanup 44.00 KSC Staff 49.50 Chairs 37.50 Tables 1.00 TOTAL $ 498.62 Explanation (page 2) • Cleaning Deposit (refundable) ▪ Access: KSC staff will open/close facility. $ 100.00 Kimball Recreation Center: • Date: Saturday, April 21, 7:00 am to 5:00 pm Total: 10 hours • Fees: Use of Center $ 234.50 Bldg Use Fee (non-waivable) 50.00 Setup/Breakdown/Cleanup 79.00 Chairs 9.00 Tables 3.00 TOTAL $ 375.50 ▪ Cleaning Deposit (refundable) $ 100.00 ▪ Access: Custodian will open/close facility. Total Fees: Facility Use Fees $3,180.84 Non-waivable Use Fees $ 150.00 Kimball Senior Center staff $ 49.50 Custodial $ 683.00 Parking Lot Closure $ 113.72 Tables, chairs $ 332.90 Refundable Deposits $ 360.00 This request is in compliance with Policy 803 governing the use of the Martin Luther King Jr. Community Center and Policy 805 governing the use of the Kimball Senior Center and Kimball Recreation Center. February 1, 2012 Department of Public Works 2100 Hoover Avenue National City, CA 91950 To Whom It May Concern: 1f11. FED —1 ; i PU:_ �,�f s,r I__ MANA de San Diego is a non-profit, Latina organization and our mission is to empower Latinas through education, leadership development, community service and advocacy. One of our programs is the San Diego Dia de la Mujer Latina Health Festival which will take place on Saturday, April 21 from 9am-4pm. This event serves the health needs of the underserved Latino community in San Diego and is coordinated by members and volunteers in partnership with local health agencies and programs. The health festival offers the following FREE screenings for more than 500 attendees: breast exams/mammograms, cholesterol/glucose testing, bone density tests and many more. Our partners include La Maestra Health Clinic, Family Health Centers of San Diego, Breast Cancer Network of Strength, Shiley Eye Center and more. We are writing to submit an application for use of the Martin Luther King Community Center, including the parking lot, Kimball Recreation Center and the Kimball Senior Center. The MLK Center will be used for the free health screenings and the parking lot is the location for the mobile medical unit and booths which will offer health information. The Kimball Recreation Center will be used for free childcare so the women are free to receive as many screenings as possible. The senior center will be the location of the MANA "Hermanitas" mentorship program's health seminar. The goal of "Hermanitas" is to develop successful and responsible young Latinas ages 12-18 enrolled in middle and high school, while also lowering the Latina high school dropout and teen pregnancy rates and encouraging the pursuit of higher education. The students will have the opportunity to fulfill their community service requirement by volunteering at the health fair. This will introduce Hermanitas to health care and allow them to gain first-hand knowledge of the roles and responsibilities of health care professionals. Finally, since our Hermanitas participants are all from low-income families, they will be encouraged to invite their mothers to the health festival so that they could participate in the event and receive free screenings for any health issue they felt needed attention. MANA respectfully requests a waiver of fees for the health festival. We are currently looking for sponsors to underwrite the costs of the health fair. In return, the City of National City will be highlighted in event's printed flyer and program, and MANA de Board of Directors Marissa Be;araoo President Myrian S. Conine V.F. of Programs Irma M. /ei_asco Vice President St Fatty.>y Staples Treasurer Lisa A. Rhodes Secretary Catherine arire Aram biia Celina Caprio Rafael Castellanos Connie Hernandez Louis A. Murillo Eve!ya Z. Rivera Rosa M. Robles Aracely Rodriguez Mary Salas olmaoasc drg 9 2970115 s1 tx. 619.2970295 25'5 Camino de, RioScj'h, Suite 228, San Diego, CA 92108 nanacr ���'a^osd� 9fg -_ San Diego newsletter. We are also working with the City of National City's Vice Mayor, Alejandra Sotelo Solis, to process the sponsorship request. MANA de San Diego's vision is to foster a community of advocates working together to create a higher quality of life for everyone. Education at all levels; in areas of professional growth, health, environmental awareness and community service benefit not only the Latina, but her family and community. Thank you in advance for your time and consideration. Sincerely, 4.7 Sofia Salgado Programs Manager rlaiasd.org " ' ph`619 297 0115 ! k: 619.297.099E 2515 Camino del Aio South, SJ.te 228, San D.ego, CA 92108 - CALIFORNIA - Tiorincirp 1 3/ LORPOAATCi7 City of National City Facility Use Application Rev. 10/18/11 2100 Hoover Avenue National City, CA 91950 (619)336-4580 Fax (619)336-4593 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use -of City Facility attend The City Council meeting when the item is scheduled for consideration in order to ansN'Rr any luestigns from The City Council Facility Requested: please circle Martin Luther King Jr. Building North Room South Roo Entire Facility Date(s) of Use: Anri120-21, 2012 April 20 from 9AM to 5PM April 21 Time of Use: From: 6AM AM/PM To: 8pm Day(s) of Use: Friday & Saturday AM/PM — INCLUDE SET-UP & CLEAN UP TIME q //la- 7AI tatCALL Se. ere ba- WA /a1-33P).-! Cyy , ,,f Function/Activity: SD Dia de la Mujer Latina Health Festival Is the event open to the public? Yes lame & Address of Organization/Group: MANA de San Diego, 2515 Camino del Rio S, Ste. 228, San Diego, 92108 Non- profit organization: Yes No Tax ID # 33-0821060 .nticipated Maximum Attendance: 700 Percentage of National City Residents 70% Vill Admission be charged? No Amount $ Will this be a Fund Raising Event? No equipment Requested: 400 (a111 # of chairs 30 (a11) # of banquet tables No Stage Yes Podium/Microphone **PLEASE ATTACH SEATING DIAGRAM No Audio & Visual Equipment Required? (Please Specify) Jse of Kitchen: X Yes No Use of Gas for Range and Oven: Yes X No ;the Use of Alcohol Requested? No Vill other paid services be used (I. e, commercial caterer, DJ, Band, etc)? Yes No No la lame: Phone: Phone: How many times in the last twelve months have you requested to use a City Facility? _1__ 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. 1 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: -/f 1 �� PRINT NAME: Sofia Salgado SIGNATURE: ADDRESS OF APPLICANT: 2515 mino del Rio South, Suite 228 CITY, STATE, AND ZIP CODE: San Diego, CA 92108 PHONE: DAY _619.297.0115 FAX NUMBER: 619.297.0996 CONTACT PERSON ON THE DAY OF THE EVENT: Sofia Salgado or Ana Navarro cell: 619.895.1288 PHONE: (619) 297-0115 CELL: (619) 743-1604 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. 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: MANA de San Diego Person in charge of activity: Sofia Salgado Address: 2515 Camino del Rio South. Suite 228. San Diego. CA 92108 Telephone: (619) 297-0115 E-Mail: ssalbadoemanasd.org City Facilities and/ or property requested: MLK Community Center. Recreation Cener and Kimball Senior Center Date(s) of use: 4/20 and 4/21.2011 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. Signature of appli Certificate of Insurance Approved by Date Name and Title ACORD, CERTIFICATE OF LIABILITY INSURANCE DATE IGII„LDD.YYVY: 01/31/2012 PRODUCER (858) 569-8100 Rill Corley Insurance Agency 3914 plurphy Canyon Rd. 4A154 San Diego CA 92123- INSURED MANA de San Diego 2515 Camino Del Rio South 4228 San Diego CA THIS 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 I NAIC # INSURE.:. NonProfits ins Alliance .S iRER B :NS'JRER C .SURER D INSURER E THE POL:0iES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO1WTHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 'NTH 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. EXCLUSI.ONS AND CONDITIONS OF SUCH POLICIES I ,, J.:: ao_- I c LIMITS SHO: Al MAY HAVE BEEN REDUCED BY PAID CLAIMS !N5R;ADD'Li POLICY EFFECTIVE:POLICY EXPIRATION LTR !INSREX TYPE OF INSURANCE POLICY NUMBER ! DATE (MMiDDrYY) I DATE (MMIDD/YY) 1 LIMITS A ! X GENERAL LIABILITY 2012-13980 '01/29/2012 01/29/2013 I i 1 ! / / / / I I 1 / / / / I . I / / / / EA"HOCC'JRRENCE S 1,000,000 i _ j X • ..,t.:•.,_R., __NER +L L' E L,TY DAMAGE TO RENTED 1_ 500,000 PREMISES:Ea .6,.6recce' I> F. - j X i CC.- LIED EXP .._.,_ ,s 20,000 . PERSONAL 3 AG?r INA'RY 1= 1,000,000 GENERAL AGGREGATE S 2,000,000 =AGGREGATE_ ',?APPt.ESPEP PRCDUCTS-cortP,nPAGSig 2,000,000. . X , e:LicY 1 • 6C, . LOC AUTOMOBILE LIABILITY j / / ''. / / / A / / / / / / / / / 1 T,OMBINED SINGLE LIMIT .—I C NEU A,; OS 3D5Y INJURY I _ P .66,66 i I •— I ,RED -CIS 50D INJURY • —" PROPERTY C !..'..OF I- Y2• aC::xrl; i• GARAGE LIABILITY j 1 / / / / 1 ! I•. AUTO ONLY - EA ACCIDENT IS ANY aUTC, •^C 1 OTHER T HAN EA AC i f AU fD ONLv. AGG IS { 1 EXCESS/UMBRELLA LIABILITY / / / / ! 1 ! / / ( / / I c.,CH OC�4RA,ENCt I- C'S.0 LF i____, ,,L AIMS MAD:, I C-GREGATt E - : I UEDUCT'BLE '' 1 RETENTION a S. WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY ORP,IETORIPARTNfF_-EXf:,rJ T IVE 1 I i,FF:CER AIEMEER EXCLUDED' I S EO;A, PROVISIONS Ee'o., 1 / / / / I / / / / ? VAC STATU- 1 10!N-I j TORY LIMrs I ER E L EACH ACCIDENT I> E L DISEASE - f:. EN!PIOYEE ; E L DISEASE -POLICY LIMIT IS 1 OTHER I I / / / / / / / / / / ; / / DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES1EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re :San Diego Dia De La Maier (140 East 12th Street National City CA 91950) FMK Community Center, Recreation Center and Kimball Senior Center is named additional insured per endorsement attached. Coverage subject to terms and conditions of the policy. *Except 10 days if non-payment cancellation. CERTIFICATE HOLDER CANCELLATION ( ) MLK Community Center Recreation Center Kimball Senior Center 140 12th Street National City CA 91950- ACORD 25 (2001/08) - INS025o.oe; os SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 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 D0 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS • - PRE;SENTATIVES. AUTHOR ELECTRONIC LASER FORMS INC •IPAD!327O5A5 `---9-A'C`ORD CORP RATION 198.. Pac of 2 CO MMERCIAl CENERNI, LIABILIT1 CC 20 I! 01 96 Mana De San Diego Pt1Llc2012-13980 Er.dc. =e .tent Changes The Policy. Please Read it Carefully. ADDITSOVAL INSURED - MANAGERS OR LESSORS OF PREMISES This endorsement modifies ifies insurance provided under the fo_lowin£ CONIMERCIALGEtiERAL LLAB LITY COVERAGE PART SCHEDULE ,. Designating. Of Premises, (Part Leased To You): San Diego Dia DeL a Mujer 140 East 12th Street National City CA 91950 2. Name of Person Or Organization (Additional Insured): IVILK Community Center Recreation Center Kimball Senior Center Any person or organisation acting as a manager or lessor of a covered premises that you are required to haute as an additional insured on this policy, under a written contract, lease or agreement currently in effect, or becoming effective during the term of this police, and for which a certificate of insurance naming that person or organization as an additional insured has been issued. 3. Additional Premium: INCLUDES) (lf no entry appears above, information required to complete this endorsetnertt will be shown in the Declarations as pplicable to this endorsement.) WHO IS AN INSURED (Section It) is attended to include as an insured the person or organization shown in the schedule, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises let.%° d to you and shown ni the schedule and subject to the following additional exclusions This insurance doss not apply to: a) .4ny, "occurrence" which takes pace after au cease to be a tenant in that premises. b) Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization slur, in the schedule. CC42(}t10196 Com t1ce $erLices 4 ;c G• 994 Page I of 1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 6, 2012 AGENDA ITEM NO.20 M TITLE: Appointments (2) to the Oversight Board pursuant to Health and Safety Code sections 34179(a)(2) and 34179(a)(7) PREPARED BY: PHONE: EXPLANATION: Claudia Gacitua Silva DEPARTMENT: ity A,torney Ext. 4222 APPROVED BY: ABx1 26 requires each successor agency to a redevelopment agency to have a seven -member oversight board appointed. Two of those appointments are mayoral appointments. This agenda item is before you for the purpose of the Mayor appointing two members to the Oversight Board, with the approval of the City Council. Health and Safety Code section 34179(a)(2) provides for "[o]ne member appointed by the mayor for the city that formed the redevelopment agency." Health & Safety Code section 34179(a)(7) provides for "[o]ne member representing the employees of the former redevelopment agency appointed by the mayor ... from the recognized employee organization representing the largest number of former redevelopment agency employees employed by the successor agency at that time." The memorandum presented to Council at the February 21, 2012 meting discussing the appointment process is provided for reference. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Move forward with appointments to Oversight Board. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Memorandum dated February 21, 2012. Mayor Ron Morrison Council Members Alejandra Solelo-Solis Louis Natividad Mona Rios Rosalie Zarate NAT Apir 18pp8`7 Net., ,PO LAVED,. Office of the City Attorney MEMORANDUM City Attorney Claudia Gacitua Silva Deputy City Attorney Jennifer Knight TO: Mayor and City Council DATE: February 21, 2012 FROM: City Attorney SUBJECT: Appointments to Oversight Board Established Pursuant to ABx1 26 As you are aware, the state abolished redevelopment agencies pursuant to ABx1 26. As of February 1, 2012, redevelopment agencies ceased to exist and were replaced by successor agencies tasked with winding down affairs and carrying out enforceable obligations. The City's former redevelopment agency has been replaced with the entity known as the Successor Agency to the Community Development Commission as the National City Redevelopment Agency. ABx1 26, as part of the dissolution, requires each successor agency to "have an oversight board composed of seven members." Health and Safety Code section 34179(a). Two of the seven appointments are mayoral appointments. Health and Safety Code sections 34179(a)(2) and 34179(a)(7). Council inquired as to the appointment process for the two mayoral appointments. This memorandum addresses Council's question. 1. GENERALLY, THE POWER TO APPOINT BELONGS TO THE MAYOR, SUBJECT TO THE APPROVAL OF THE CITY COUNCIL A. Government Code Section 40605 The City of National City is a general law city with an elected mayor. Accordingly, appointments to boards and commissions are made by the Mayor subject to the approval of the City Council. Government Code section 40605 specifically states: In general law cities where the office of mayor is an elective office .. the mayor, with the approval of the city council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Attachment 1 1 The appointment process stated above applies to local and regional boards, commissions, and committees, and applies to the oversight board created by ABx1 26. The caveat "unless otherwise specifically provided by statute" provides deference to state statutes specifically addressing individual boards, commissions, and committees. This caveat does not allow a general law city to adopt a local ordinance providing for an appointment process inconsistent with the Government Code provision above. 81 Ops. Cal. Atty. Gen. 75 (1998). For example, the San Diego Unified Port District was created by state statute (Harbors and Navigation Code), and specifically addresses the appointment process for that commission. The Harbors and Navigation Code requires commissioners to be appointed by their respective city council, thus the state statute specific to the Port would govern over the Government Code section discussing the appointment process for general law cities. Additional examples of appointment to boards or commissions established at the state level are found in the appointments to the Metropolitan Transit Development Board, the Library Board of Trustees, the Civil Service Commission, and the County Water Authority'. These various entity representatives are appointed pursuant to the specific process contained within the state statute. Thus, the state statute would govern over the general rule found in Government Code section 40605. B. Oversight Board Appointment Process The oversight board is composed of seven members. Those seven members are appointed by various entities or officials. Specific to the City of National City are two mayoral appointments to be made to the oversight board. Health and Safety Code section 34179(a)(2) provides for "[o]ne member appointed by the mayor for the city that formed the redevelopment agency." In addition, Health and Safety Code section 34179(a)(7) provides for "[o]ne member representing the employees of the former redevelopment agency appointed by the mayor ... from the recognized employee organization representing the largest number of former redevelopment agency employees employed by the successor agency at that time." As written, the state statute specifies the mayor to make these appointments. Neither references the legislative body as part of the process. Unlike the references found in the Education Code and Water Code regarding the need for consent of the legislative body, ABx1 26 does not make such reference. The Metropolitan Transit Development Board specifically requires the "City Council" to make the appointment to the board. Public Utilities Code section 120050.2. The Library Board of Trustees are to be "appointed by the mayor, .. with the consent of the legislative body of the municipality." Education Code section 18910. Civil service commission appointments are by the "legislative body." The County Water Authority requires the representatives from each public agency to be appointed "with the consent and approval of the legislative bodies of the public agencies, respectively." Water Code — Appendix section 45-6. Page 2 of 4 ABx 1 26 does not contain a reference to the legislative body consenting to the appointment; thus, one must determine whether the reference to the mayoral appointment was intended to fall within the general rule found in Government Code 40605 requiring approval of the city council or within the exception of "unless otherwise specifically provided." The most conservative and transparent process would be to have the mayoral appointments approved by the city council. Whether such approval is required by law is a remaining question. To answer the question, one must apply the principles of statutory construction. "When interpreting a statute our primary task is to determine the Legislature's intent. [citation]" Freedom Newspapers, Inc. v. Orange County Employees Retirement System (1993) 6 Cal. 4th 821, 826. The intent is determined by first looking at the "plain meaning" of the statute and giving effect to that "plain meaning" Kimmel v. Goland (1990) 51 Cal. 3d 202, 208-209. Part of such determination takes into account the context in which the statute is written and reviewing other legislation on the subject, in effort to determine the intent. California Teachers Association v. Governing Bd. Of Rialto Unified School District (1997) 14 Cal. 4`' 627, 642. Health and Safety Code sections 34179(a)(2) and 34179(a)(7) make it clear who is to make appointments — the mayor. What is not clear is whether the lack of reference to the legislative body (which is referenced in other state statutes) was intended to mean that the appointment fell within the exception to Government Code section 40605 and did not require the approval of the respective city council. Certainly, the legislature is well versed in drafting legislation in whichappointments are to occur by the mayor subject to the approval of a city council. (See, footnote 2). Equally certain, "exceptions to the general rule of a statute are to be strictly construed." City of Lafayette v. East Bay Municipal Utility District (1993) 16 Ca1,App.4t 1005, 1017. Overall, while it is arguable that the appointments fall within the exception to Government Code section 40605, it is not definitive. Exceptions are to be narrowly construed, and generally, it is preferable to reconcile statutes with one another. If statutes cannot be reconciled, then the more specific takes precedence over the more general statute. Collection Bureau of San Jose v. Rumsey (2000) 24 Ca1.4`h 301, 310. A paramount principal in statutory construction is to attempt to give effect to both statutes if possible. Conway v. City of Imperial Beach (1997) 52 Ca1.App.4`h 78, 84. If two statutes addressing the same subject can be harmonized, then both should be given concurrent effect. Garcia v. McCutchen (1997) 16 Ca1.4th 469, 478. In this instance, harmonization of ABx1 26 and the Government Code is possible. Health and Safety Code sections 34179(a)(2) and (a)(7) specify that two appointments are made by the mayor to the oversight board. These provisions are silent on whether legislative approval is necessary. The lack of specificity in this regard is conducive to reconciling the provision with the general rule for mayoral appointments found in the Government Code. First, Government Code section 40605 is consistent with Health and Safety Code sections 34I79(a)(2) and (a)(7) in that appointments are to be made by a mayor. Second, Government Code section 40605 elaborates where Health and Safety Code section 34179 is silent, in stating "unless otherwise specifically Page 3 of 4 provided," appointments arc made by the mayor subject to approval by the city council. Accordingly, both statutes can be given effect, based on the harmonization of the two code sections. C. City Council Policy Number 107 City Council Policy Number 107, entitled "Appointment to Boards and Commissions," establishes the City's procedures in making appointments to City boards and commissions. The policy applies to our local boards and commissions, thus is inapplicable to the appointments to the oversight board. CONCLUSION The provisions of ABx 1 26 dictate that the mayor makes two appointments to the oversight board. It does not specifically refer to the legislative body approving such appointments. Thus, one could argue that council approval is not required because it falls within the exception to Government Code section. Overall, however, the statutes can be reconciled so that both are given effect. ABx1 26 sets forth the appointment is to be made by the mayor and Govemment Code section 40605 elaborates that all mayoral appointments are subject to approval by the city council, unless a specific statute provides otherwise. In harmonizing the statutes so both are given effect, the reasonableinterpretation of the statutes leads the mayoral appointments of two members to the oversight board being subject to approval by the council. Page 4 of 4 CITY OF NATIONAL CITY, CALIFOR COUNCIL AGENDA STATEMENT «1-® MEETING DATE: March 6, 2012 AGENDA ITEM NO.p. o a� ITEM TITLE: Authorization to reinvest the City of National City deposit of $2million in a CDARS account with Neighborhood National Bank for a one-year term. PREPARED BY: Tina Norrdin, FSO DEPARTMENT: Financ PHONE: 619-336-433'f APPROVED BY: EXPLANATION: The City of National City deposited $2 million in a CDARS account with Neighborhood National Bank in September 2007. The CDARS — Certified Deposit Account Registry Service account will mature on March 8, 2012. The finance department was made aware of this maturity date after the City Council Agenda item was posted. A decision needs to be made prior to this maturity date. The 12-month rate at which the City of National City can renew the CDARS account, as provided by the Neighborhood National Bank, is .80%. In comparison, the LAIF rate today is .495% while the Certified Deposit rate is 1.05% for the same term. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: To renew the CDARS account with Neighborhood National Bank. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Neighborhood National Bank's Lending Impact Report as of 12/31/2011. Neighborhood National Bank Lending Impacted by CDARS Program in The City of National City From 06/01/03 to 12/31/11 Since National City's CDARS Deposit National City deposited $2 million in a CDARS account with Neighborhood National Bank on September 13, 2007, and subsequently deposited an additional $1 million. The $3 million CDARS funds from National City go into a pool of funds that the Bank then has available to lend to business and individual borrowers. In National City the Bank has been able to grant 20 loans: commercial, commercial real estate, and consumer loans, since the City's CDARS deposit with the Bank. The loans have been granted to 20 entities for a total of $7,477,656. The Bank has assisted businesses to grow by lending more than double the amount of the total $3 million deposit. Or, in other words, National City's investment return is well over 100%. The 12 business loans totaled $3,657,606 to 8 companies: one automobile parts/accessory stores, one car wash, four supermarkets, one property management company, and a machine shop/engraving. Using an average of 11 employees per business, based on SBA loan applications, an estimated 76 jobs were created/retained by these 8 businesses. The 6 commercial real estate loans totaled $3,864,250 for three retail projects covering 7 retail units, 1 warehouse, and three loans to purchase or refinance 24 housing units. Two consumer loans totaling $9,800 were for personal, family, or household purposes. The total loans made since National City's CDARS deposits were received at the Bank have been made in 9 of the 15 census tracts comprising the City. The amount of lending in each tract follows: Census Tract Dollar Amount of Loans Made 114.00 $1,961,000 115.00 $12,900 116.02 $436,000 117.00 $3,510,446 118.02 $8,800 119.02 $143,500 120.01 $594,260 121.02 $325,750 122.00 $485,000 Each census tract represents an area of the City. Since CDARS Program Began at the Bank Since the CDARS program began at the Bank in June 2003 to December, 2011, the Bank has granted 42 loans (business, commercial real estate, construction, and consumer loans) to 31 entities in National City for a total of $16,594,856. Commercial loans to small businesses, which are defined as those businesses having annual revenues (sales) equal to $1 million or less. 24 business loans totaling $4,855,656 were made to: • 13 small businesses (15 loans or 65%) • 6 larger sized businesses (9 loans or 30%). Using an average of 11 employees per business, based on SBA loan applications, an estimated 186 jobs were created/retained by these 19 businesses. Two construction loans in the amount of $5,126,500 created 30 dwelling units. Commercial Real Estate loans totaling $6,569,250 covered 1 office building, 1 industrial building, 1 warehouse, 7 retail units, 20 apartment units, 4 single family units, and 1 church. Three consumer loans totaling $43,450 were made for personal, family, or household purposes. Further, these loans are fairly disbursed throughout National City. The loans are made in 13 out of the 15 census tracts comprising the city. The amount of lending in each tract follows: Census Tract Dollar Amount of Loans Made 114.00 $2,247,000 115.00 $1,265,900 116.01 $25,000 116.02 $672,450 117.00 $8,736,946 118.01 $367,500 118.02 $58,800 119.02 $143,500 120.01 $909,810 120.03 $232,000 121.01 $372,700 121.02 $325,750 122.00 $1,237,500 In addition, in 2008 the National City Chamber of Commerce honored Neighborhood National Bank as the Business of the Year in National City. Reflecting the current economy and tighter regulatory environment, Neighborhood National Bank made fewer loans in 2010 and 2011 than in past years. However, there are signs that the economy and the Bank have `turned the corner" in order to be able to assist the City of National City's businesses and individuals. A small bank, Neighborhood National Bank's goal has always been to help make a big difference in the communities it serves. There is no question that the City of National City's CDAR deposits have assisted Neighborhood National Bank in its efforts to accomplish this goal. Submitted by Elsie Marik VI' Compliance Officer Debbie Landsledt VP Community Development Officer Neighborhood National Bank Revised 12/11 SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AGENDA STATEMENT TING DATE: March 6, 2012 AGENDA ITEM NO. 21 ITEM TITLE: Resolution of the Board of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency pursuant to Part 1.85 of Division 24 of the California Health and Safety Code establishing Rules and Regulations for the operations of the Successor Agency as a new legal entity separate from the City, and taking certain actions in connection therewith PREPARED BY: Claudia Gacitua Silva DEPARTMENT: C At ney PHONE: Ext. 4222 ' t , EXPLANATION: This resolution sets forth the rules and regulations governing the Successor Agenc, . also establishes it as a separate entity. When redevelopment was abolished, the City elected to serve as a .. •ssor agency to the redevelopment agency. The formal name of the entity is "Successor Agency to the Community Development Commission as the National City Redevelopment Agency." While the redevelopment arm of the CDC has been succeeded by the Successor Agency, the CDC still functions as the National City Housing Authority. The CDC was and remains a separate legal entity. Similar to the CDC operating as a separate legal entity, the Successor Agency via the attached resolution seeks to establish itself as a distinct legal entity. While the Successor Agency is not explicitly described as a separate entity in ABx1 26, it is treated as such. It succeeds the redevelopment agency (a separate legal entity), is limited in liability to the sums of the property tax revenues it receives (formerly known as tax increment) -suant to ABx1 26 and to the value of the assets transferred to it as a successor agency, and was described as arate from their host cities by Assembly Member Blumenfield when discussing the elimination of ..evelopment. Accordingly, the Successor Agency and the City take separate actions, maintain separate assets, and have obligations separate and distinct from one another. Establishing the Successor Agency as a separate legal entity confirms what is occurring consistent with ABx1 26, and confirms to all that its actions, decision, and assets/liabilities should not be confused with the City of National City. APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: AI/A, ATTACHMENTS: 1. Letter from Assembly Member Blumenfield regarding successor agencies. STATE CAPITOL P.O. BOX 942849 SACRAMENTO, CA 94249-0007 (916) 319-2099 FAX (916) 319-2199 January 10, 2012 Assintltl1r I lifnrnitt L gislafurr t4 ASSEMBLY COMMITTEE ON BUDGET BOB BLUMENFIELD, CHAIR ASSEMBLYMEMBER, FORTIETH DISTRICT Mr. E. Dotson Wilson Chief Clerk California State Assembly Re: AB 26 X1 Dear Mr. Wilson, CHIEF CONSULTANT CHRISTIAN GRIFFITH COMMITTEE SECRETARIES SANDY PEREZ CHRISTINA GUZMAN CONSULTANTS SARA BACHEZ MARVIN DEON MISTY FEUSAHRENS MARK IBELE ANDREA- MARGOLIS MARK MARTIN GABRIELLE MEINDL NICOLE VAZQUEZ AB 26 X1 (Blumenfield) Chapter 5, Statutes of 2011-12 First Extraordinary Session, passed by the Legislature and approved -by the Governor as part of the 2011 12 Budget, dissolves redevelopment agencies and directs the resolution of their affairs. As part of the dissolution process, successor agencies (generally the city or county that created a redevelopment agency), would fulfill various obligations of the former redevelopment agencies. By virtue of the State Supreme Court decision in this matter filed December 29, 2011, cities or counties must decide by January 13, 2012, whether they will serve as the successor agency for their respective redevelopment agency. I am writing regarding the intent of legislative action regarding this bill and specifically to make clear the distinction between liabilities of a former redevelopment -agency and of any city or county that acts as a successor agency under the legislation. Nothing in the bill implies that cities or counties are anything but distinct legal entities from successor agencies, and therefore the liabilities of the former redevelopment agencies and the successor agencies do not become the liabilities of the corresponding cities or counties. Part 1.85 of the legislation addresses "Dissolution of Redevelopment Agencies and Designation of Successor Agencies," and indicates that obligations of the former redevelopment agency become obligations of the successor agency. Health & Safety Code Section 34173(b), added by AB 26 X1, states in part that "...obligations previously vested with the former redevelopment agencies... are hereby vested with the successor agencies." Section 34173(e) goes on to Printed on Recycled Paper Attachment 1 RESOLUTION NO. 2012 — RESOLUTION OF THE BOARD OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY PURSUANT TO PART 1.85 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE ESTABLISHING RULES AND REGULATIONS FOR THE OPERATIONS OF THE SUCCESSOR AGENCY AS A NEW LEGAL ENTITY SEPARATE FROM THE CITY, AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH WHEREAS, the Community Development Commission of the City of National City ("CDC") was a redevelopment agency in the City of National City, duly created pursuant to the California Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the California Health and Safety Code) ("Redevelopment Law"); and WHEREAS, AB 1X 26 ("AB 26") and AB 1X 27 ("AB 27") were signed by the Governor of California on June 28, 2011, making certain changes to the Redevelopment Law, including adding Part 1.8 (commencing with Section 34161) and Part 1.85 (commencing with Section 34170) ("Part 1.85") to Division 24 of the California Health and Safety Code ("Health and Safety Code"); and WHEREAS; the California Redeveiopment Association and League of California Cities filed a lawsuit in the Supreme Court of California (California Redevelopment Association, et al. v. Matosantos, et al., Case No. S194861) alleging that AB 26 and AB 27 were unconstitutional; and WHEREAS, on December 29, 2011, the Supreme Court issued its opinion in the Matosantos case largely upholding AB 26, invalidating AB 27, and holding that AB 26 may be severed from AB 27 and enforced independently; and WHEREAS, the Supreme Court generally revised the effective dates and deadlines for performance of obligations in Part 1.85 arising before May 1, 2012 to take effect four months later; and WHEREAS, as a result of the Supreme Court's decision, on February 1, 2012, all redevelopment agencies were dissolved and replaced by successor agencies established pursuant to Health and Safety Code Section 34173; and WHEREAS, the City Council of the City adopted Resolution No. 2012-15 on January 10, 2012, pursuant to Part 1.85, electing for the City to serve as the successor agency to the Redevelopment Agency upon the dissolution of the Redevelopment Agency under AB 26 ("Successor Agency"); and WHEREAS, the Board of Directors of the Successor Agency, hereby desires to adopt a name for the Successor Agency as a separate legal entity and establish rules and regulations that will apply to the governance and operations of the. Successor Agency. NOW, THEREFORE, the Board of Directors of the Successor Agency DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER as follows: Resolution No. 2012 — February 21, 2012 Page Three telephone. Such agreement also may provide for the investment of funds maintained in such accounts upon request by telephone. J. Additional Duties. The officers of the Successor Agency shall perform such other duties and functions as may from time to time be required or directed by the Board of the Successor Agency. The Chair of the Board and the Executive Director may sign all orders and checks for the payment of money. The Chair or Vice Chair in the absence of the Chair, and the Executive Director, or any other person or persons designated by formal action of the Board, may sign deeds, contracts and other instruments made by the Successor Agency. SECTION 4. Powers and Duties of the Successor Agency. The Successor Agency shall have the authority to perform the functions and duties described in Part 1.85 of AB 26, including but not limited to, making payments and performing obligations required by enforceable obligations and expeditiously winding down the affairs of the former Redevelopment Agency. The Successor Agency also may exercise any other powers provided by statute or granted by law. SECTION 5. Successor Agency Funds and Obligations. All assets and monies held by or under the control of the Successor Agency shall be maintained in funds and accounts established by the Successor Agency and shall be kept separate and apart from the funds and accounts of the City. SECTION 6. Indemnification and Liability. A. Indemnification. The Successor Agency shall defend, indemnify, and hold harmless the City and its City Council, boards, commissions, officers, employees, and agents from any and all claims, losses, damages, costs, injuries, and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions of the Successor Agency. B. Liability. In accordance with Health and Safety Code Section 34173(e) of AB 26, the liability of the Successor Agency, acting pursuant to the powers granted under Part 1.85, shall be limited to the extent of, and payable solely from, the total sum of property tax revenues it receives pursuant to Part 1.85 and the value of assets transferred to it as a successor agency for a dissolved redevelopment agency. The debts, assets, liabilities, and obligations of the Successor Agency shall be solely the debts, assets, liabilities, and obligations of the Successor Agency and not of the City. SECTION 7. Roster of Public Agencies Filing. The Secretary of the Successor Agency shall file on the prescribed form the Statement pf Public Agency with the Secretary of State and County Clerk in accordance with Government Code Section 53051. SECTION 8. Effective Date. This Resolution shall take effect immediately upon its adoption. --- Signature Page to Follow -- *TING DATE: SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AGENDA STATEMENT March 6th, 2012 AGENDA ITEM NO. 22 ITEM TITLE: Authorizer the reimbursement of Successor Agency to The Community Development Commission as the National City Redevelopment Agency expenditures in the amount of $34,288.99 to the City of National City for the period of 01/25/12 through 01/31/12 PREPARED BY: K. Apalategui DEPARTMENT: Financ PHONE: 619-336-4572 APPROVED BY: EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $34,288.99 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File BOARD / COMMISSION RECOMMENDATION: N/A TACHMENTS: Warrants for the period of 01/25/12 through 01/31/12 PAYEE BEST BEST & KRIEGER LLP CHRISTENSEN & SPATH LLP DESROCHERS FEDEX GEOSYNTEC CONSULTANTS INC OPPER & VARCO SDG&E SWEETWATER AUTHORITY THE SOHAGI LAW GROUP PLC PROJECT PROFESSIONALS CORP. RICK ENGINEERING CO NAT INCORPORATED fry COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #31 1/31/2012 DESCRIPTION LEGAL SERVICES / REDEV LEGAL SERVICES / ARE HOLDINGS RETIREMENT BENEFITS / FEB 2012 EXPRESS MAIL SERVICES / CDC ENVIRONMENTAL CONSUL - 11/30/11 LEGAL SVCS / TOD - DEC 2011 GAS AND ELECTRIC UTILITIES / CDC WATER UTILITIES / CDC LEGAL SVCS / ACC 368.002 AQUATIC CENTER, DECEMBER, 2011 INV 24545 / STREETSCAPE CONSTRUCTION HER DISBURSEMENTS PAID WITII CDC FUNDS SECTION 8 HAPS PAYMENTS WIRED PAYMENTS THE BANK OF NEW YORK MELLON DEUTSCHE BANK NATIONAL TRUST DEUTSCHE BANK NATIONAL TRUST DEUTSCHE BANK NATIONAL TRUST DEUTSCHE BANK NATIONAL TRUST CHK NO DATE AMOUNT 300438 1/31/12 7,084.45 300439 1/31/12 57.50 300440 1/31/12 110.00 300441 1/31/12 23.71 300442 1/31/12 754.48 300443 1/31/12 2,123.00 300444 1/31/12 44.00 300445 1/31/12 31.06 300446 1/31/12 19,582.50 300525 1/31/12 2,190-00 300530 1/31/12 2,288.29 A/P Total $ 34,288.99 Total disbursements paid with City's Funds $ 34,288.99 Start Date End Date 1/25/2012 1/31/2012 HOME LOAN PROG FUND - HUD 1078 LOAN 2004 TAB, SERIES A 2005 TAB, SERIES A & B 2011 TAB 1999 TAB - DEBT SERVICE 1/25/12 1/30/12 1/30/12 1/30/12 1/30/12 8,791.37 126,430.75 99,875.00 547,671.25 1,282,515.63 97,462.50 GRAND TOTAL $ 2,197,035.49 ,....TING DATE: SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AGENDA STATEMENT March 6th, 2012 AGENDA ITEM NO. 23 ITEM TITLE: Authorize the reimbursement of Successor Agency to The Community Development Commission as the National City Redevelopment Agency expenditures in the amount of $69,074.35 to the City of National City for the period of 02/01/12 through 02/07/12 PREPARED BY: K. Apalategui PHONE: 619-336-4572 EXPLANATION: DEPARTMENT: Fina e APPROVED BY: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $69,074.35 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File BOARD / COMMISSION RECOMMENDATION: N/A ACHMENTS: Warrants for the period of 02/01/12 through 02/07/12 INCORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #32 2/7/2012 PAYEE DESCRIPTION CHK NO DATE AMOUNT CHRISTENSEN & SPATH LLP LEGAL SERVICES/ARE HOLDINGS 300552 2/7/12 1,597.50 EDCO DISPOSAL CORPORATION WASTE DISPOSAL SERVICES / CDC 300553 2/7/12 104.75 GEOSYNTEC CONSULTANTS INC ENVIRONMENTAL CONSUL/ 12/31/11 300554 2/7/12 1,207.27 POWER PLUS EQUIPMENT RENTAL (POWER POLES) 300555 2/7/12 195.00 PRO BUILD MOP. GRAFFITI SUPPLIES / NSD 300556 2/7/12 82.08 PRUDENTIAL OVERALL SUPPLY MOP# 45742. LAUNDRY SERVICES/ NSD 300557 2/7/12 40.02 R J SAFETY SUPPLY PARENT PATROL -LIME 2 MESH / ENG 300558 2/7/12 1,776.44 SALAZAR TRAVEL REIMB / HUD TRAINING 300559 2/7/12 161.18 SDG&E GAS AND ELECTRIC UTILITIES / CDC 300560 2/7/12 299.22 STAPLES ADVANTAGE MOP# 45704. OFFICE SUPPLIES/ SEC 8 300561 2/7/12 162.38 VISTA PAINT MOP# 68834. PAINT / NSD 300562 2/7/12 481.48 WESTFLEX INDUSTRIAL MOP# 63850. DRY GAUGE / NSD 300563 2/7/12 22.51 CITY OF NATIONAL CITY PETTY CASH REPLENISHMENT NOV-JAN 300573 2/7/12 67.50 HEALTH NET INC HEALTH INS RI192A FEB 2012 300590 2/7/12 -868.02 KAISER FOUNDATION HEALTH PLANS KAISER INS ACTIVE FEB 2012 300595 2/7/12 1,848.58 PAYROLL Pay period Start Date End Date Check Date 3 1/10/2012 1/23/2012 2/1/2012 Special Payroll 1/26/2012 OTHER DISBURSEMENTS PAID WITH CDC FUNDS SECTION 8 HAPS PAYMENTS Start Date 2/1/2012 A/P Total $ 7,177.89 59,749.67 2,146.79 Total disbursements paid with City's Funds $ 69,074.35 End Date 2/7/2012 698,017.96 GRAND TOTAL $ 767,092.31 SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY AGENDA STATEMENT STING DATE: March 6th, 2012 AGENDA ITEM NO. 24 ITEM TITLE: Authorize the reimbursement of Successor Agency to The Community Development Commission as the National City Redevelopment Agency expenditures in the amount of $925.51 to the City of National City for the period of 02/08/12 through 02/14/12 PREPARED BY: K. Apalategui DEPARTMENT: Financ PHONE: 619-336-4572 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 amoilnt of $925.51 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File BOARD / COMMISSION RECOMMENDATION: N/A t.1 iACHMENTS: Warrants for the period of 02/08/12 through 02/14/12 PAYEE PRUDENTIAL OVERALL SUPPLY SWEETWATER AUTHORITY VISTA PAINT CORPORATE PAYMENT SYSTEMS DELTA CARE USA COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #33 2/14/2012 DESCRIPTION MOP# 45742. LAUNDRY SERVICES/ NSD WATER UTILITIES / CDC MOP# 68834. PAINT /NSD CREDIT CARD EXPENSES/CITY - CDC PM! DENTAL INS FEB 2012 OTHER DISBURSEMENTS PAID WITH CDC FUNDS SECTION 8 HAPS PAYMENTS CHK NO 300630 300631 300632 300674 300681 DATE 2/14/12 2/14/12 2/14/12 2/14/12 2/14/12 AMOUNT 26.68 138.36 334.41 387.60 38.46 A/P Total $ 925.51 Total disbursements paid with City's Funds $ 925.51 Start Dale End Datc 2/8/2012 2/14/2012 14,122.85 GRAND TOTAL $ 15,048.36 ITEM #25 3/6/12 CLOSED SESSION REPORT (CITY ATTORNEY) A x February 17, 2012 THE CITY 07 SAN DIEGO AMERICA'S FINEST CITY Councilmember Luis Natividad City of National City 1243 National City Boulevard National City, CA 91950-4397 OFFICE OF THE CITY COUNCIL Dear Councilmember Natividad: As elected officials we are often tasked with making choices on the best use of taxpayer funds. It is not always an easy decision, but sometimes it is just common sense. You may have seen some of the recent headlines in the UT -San Diego regarding the Service Authority for Freeway Emergencies, better known as SD SAFE. SD SAFE collects $1 a year from every vehicle registered in San Diego County for the purposes of freeway call boxes and other freeway safety issues. Currently SD SAFE has more than $13 million in reserves to fund an annual operating budget of $760,000. This budget does not include administrative expenditures like paying a public relations firm $175,000 and $15,000 in board travel. The biggest cost is the current contract to administer the program, which has grown by more than 73% to more than $400,000 despite call box calls being reduced by 93% with the popularity of cell phone. Despite this reduction in calls, the contract for the firm administering the program has increased by as much as 10% a year and not gone out for an RFP in more than 12 years. For these reasons, the San Diego County Taxpayers Association has awarded a Taxpayers Fleece twice in the last few years. It is clear that SD SAFE has flown under the radar for so long that accountability has gone out the window. As a result, Assembly Members Nathan Fletcher and Marty Block jointly authored AB 1572 aimed at forcing accountability and bringing the program back to its original intent. The legislation's bipartisan support also includes Senator Joel Anderson. This legislation will suspend the fee for a period of at least 4 years, cap the reserve to $4,000,000 and refund to the municipalities the remaining City Administration Building • Charles C. Dail Concourse • 202 C Street • San Diego, California 92101 • Phone (619) 236 6440 SAFE Letter February 17, 2012 Page 2 reserves based upon the amount paid in. This means more than $8 million will be provided to the cities for public safety purposes. Most important►y it will require SD SAFE to develop a long range plan which will be signed off by the San Diego County, City Selection Committee. If they do not approve the plan then SD SAFE would be folded into SANDAG. We anticipate that over the next few months current members of the SAFE board may mount an opposition campaign, but we would urge you to join with the City of San Diego and the UT - San Diego in supporting this legislation. We be►ieve in this bill because it reforms an organization in desperate need of reform, suspends an unnecessary fee and provides funds for public safety to all our cities. Please join us in supporting AB 1572 which will make SD SAFE accountable and responsible. If you have any questions please feel free to contact either of our offices. Help us spread the word and encourage others to tell their state legislators to support this much needed reform. Sincerely, Lorie Zapf San Diego City Council — District 6 David Alvarez San Diego City Council — District 8 One more SAFE farce: Pull the plug, please San Diego End call -box program's mission creep Call box agency giving away gas cards The promotion is designed to drive web traffic, but critics question the use of tax funds Call -box agency P.R. plan blasted Board members question spending on giveaways, Tupperware, cookbook Call box agency drops P.R. contractor Tupperware, recipe books deemed off mission Call box use drops, funding keeps on growing Some on the board, and in Sacramento, say fee should stop Grant program uses city money for rural areas Two San Diego council members say the setup is unfair Call -box agency opts not to suspend fee Two board members suggested temporarily dropping the charge, given agency's surplus Call box company's pay grew as use fell Castoria is a statewide expert, but councilwoman questions increase Call box agency loses out on futuristic grant Funds would have been used to test high-tech car -to -car communication 3 on; tun worr a .*hose`ueh San _Diego freeway the t to L e islat Iaw permits} couniie to add 9 surr riiiel vet i "lev?rekistratib'n' s't i cdvej receptive in Ass Iock D-Sate I?�ego ail I 501' tion 4. CALIFORNIA LEGISLATURE-2011-12 REGULAR SESSION ASSEMBLY BILL No. 1572 Introduced by Assembly Members Fletcher and Block (Coauthor: Senator Anderson) February 1, 2012 An act to add Section 2555.1 to the Streets and Highways Code, relating to vehicles, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1572, as introduced, Fletcher. Service authorities for freeway emergencies: San Diego County. Existing law authorizes a service authority for freeway emergencies to be established in any county for the purpose of funding the installation of call boxes along freeways and expressways to enable motorists in need of aid to obtain assistance. Existing law provides that a service authority may impose an annual fee of $1 on vehicles registered in the county for this and other related purposes, which fee is collected by the Department of Motor Vehicles. This bill, with respect to the service authority created in the County of San Diego, would provide that the $1 fee may not be imposed or collected effective with the operative date of this bill until January 1, 2016. The bill would limit the reserves that may be held by the authority to S4,000,000, and would require the authority to distribute any reserves in excess of that amount to cities in the County of San Diego, and to the county with respect to the unincorporated area of the county, in proportion to fees paid for purposes of the service authority in the 2010-11 fiscal year by residents of each city and the unincorporated area. The bill would require the excess reserves to be distributed by the 99 3- AB 1572 — 2 ---- service authority by January 1, 2013, and would require these revenues to be used for public safety programs by the recipient jurisdictions. The bill would require thc service authority to develop a plan relative to its long-term existence by January 1, 2016, to be submitted to the San Diego County City Selection Committee for approval. If the committee rejects the plan, the bill would provide for the authority to be dissolved and for the San Diego Association of Governments (SANDAG) to become the successor authority and to assume remaining responsibility for maintaining call boxes. The bill would also require the service authority to cease marketing activities for the 511 program, and to contract with SANDAG in that regard, until a plan is approved. The hill would also limit thc reserves that may be held by the authority or SANDAG as the successor authority on and after January 1, 2016, to $4,000,000, and would require distribution of excess reserves to cities and the county for public safety purposes. The bill would authorize the authority or SANDAG to adjust this amount for inflation. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. This bill would provide that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. Section 2555.1 is added to the Streets and 2 Highways Code, to read: 3 2555.1. (a) Notwithstanding Section 2555, commencing on 4 the date this section becomes operative and continuing until 5 January 1, 2016, no fee may be imposed by the authority created 6 in the County of San Diego, or collected on behalf of that authority 7 by the Department of Motor Vehicles pursuant to Section 9250.10 8 of the Vehicle Code. Fee collection may, but is not required to, 9 resume on January 1, 2016, consistent with this section. 99 -3— AB 1572 1 (b) (1) The maximum in reserves that may be held by the 2 authority in the County of San Diego from fees collected prior to 3 suspension of fee collection pursuant to subdivision (a) shall be 4 four million dollars ($4,000,000). Except as otherwise provided 5 in subdivision (c), these reserve revenues may be used solely for 6 projects of a type described in subdivision (d) of Section 2557 that 7 the authority has previously undertaken. 8 (2) Any reserves in excess of four million dollars ($4,000,000) 9 held by the authority on the date this section becomes operative 10 shaIl be distributed to cities in the County of San Diego, and to 11 the county with respect to the unincorporated area of the county, 12 in proportion to fees paid pursuant to Section 2555 in the 2010-11 13 fiscal year by residents of each city and the unincorporated area. 14 The authority shall distribute the funds on or before January 1, 15 2013. The distributed funds shall be used by the recipient 16 jurisdiction solely for public safety purposes. 17 (c) The authority, commencing on the date this section becomes 18 operative, shall cease marketing activities for the 511 program. 19 The authority shall contract with the San Diego Association of 20 Governments (SANDAG) for the marketing of the 511 program. 21 The plan developed pursuant to subdivision (d) may contain a 22 recommended approach for these activities to be conducted on and 23 after the date that the plan is approved pursuant to subdivision (d). 24 The prohibition in this subdivision shall not apply on and after 25 that date. 26 (d) (1) The authority shall develop a plan relative to its 27 continued long-term existence, which shall be submitted to the 28 San Diego County City Selection Committee pursuant to paragraph 29 (2) no later than January 1,2016. The plan, among other things, 30 shall identify the number of call boxes that will be in use and the 31 locations of call boxes with the highest and lowest call volumes. 32 The plan may identify other proposed activities consistent with 33 subdivision (d) of Section 2557. 34 (2) The plan shall be submitted to the San Diego County City 35 Selection Committee for its approval. If it rejects the authority's 36 plan, the authority shall be dissolved, and, notwithstanding Section 37 2551, SANDAG shall become the successor to the dissolved 38 service authority and assume the remaining operational 39 responsibilities for maintaining the call boxes. 99 AB 1572 — 4 1 (e) The maximum in reserves that may be held by the authority 2 or SANDAG as the successor to the authority at any time after 3 .lanuary 1, 2016, shall be four million dollars ($4,000,000). Any 4 amount in excess of four million dollars ($4,000,000) shall 5 thereafter be distributed, within one year of accrual of the excess, 6 to cities in the County of San Diego and to the county in the same 7 manner as specified in paragraph (2) of subdivision (b). The 8 distributed funds shall be used by the recipient jurisdiction solely 9 for public safety purposes. 10 (f) The authority or SANDAG, as appropriate, may adjust the 11 four -million -dollar ($4,000,000) limit on reserves specified in 12 subdivisions (b) and (e) for inflation based on the California 13 Consumer Price Index. 14 SEC. 2. If the Commission on State Mandates determines that 15 this act contains costs mandated by the state, reimbursement to 16 local agencies and school districts for those costs shall be made 17 pursuant to Part 7 (commencing with Section 17500) of Division 18 4 of Title 2 of the Government Code. 19 SEC. 3. This act is an urgency statute necessary for the 20 immediate preservation of the public peace, health, or safety within 21 the meaning of Article IV of the Constitution and shall go into 22 immediate effect. The facts constituting the necessity are: 23 In order to provide for temporary reduction of unnecessary 24 vehicle registration fees in the County of San Diego as quickly as 25 possible, it is necessary that this act take effect immediately. 99