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Home My WebLink About2013 03-19 CC HA AGENDA PKTRONMORRISON Mayor LUIS NATIVIDAD Vice Mayor JERRY CANO Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City, CA 91950 619-336-4300 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, MARCH 19, 2013 - 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Sessions begin at 5:00 p.m. or such other time as noted. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or irrelevant. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. 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 CC/CDC Agenda 3/19/2013 — Page 2 to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacion en espanol .se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. CC/CDC Agenda 3/19/2013 — Page 3 OPEN TO THE PUBLIC CITY COUNCIL / COMMUNITY DEVELOPMENT COMMISSION AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC ORAL COMMUNICATIONS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS 1 Proclaiming April 1, 2013 as: "DIFFERENCE MAKERS INTERNATIONAL DAY" 2. Proclaiming March 19, 2013 as: "CHIEF ADOLFO GONZALES DAY" PRESENTATIONS 3. Employee of the Quarter 2013 - Dionisia Trejo, Senior Office Assistant. (Human Resources) INTERVIEWS / APPOINTMENTS 4. Interviews and Appointments: Planning Commission, Civil Service Commission, Community & Police Relations Commission, Public Art Committee. (City Clerk) CONSENT CALENDAR 5. Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of March 5, 2013. (City Clerk) 6. Resolution of the City Council of the City of National City authorizing the City Manager to execute and submit Program Supplement Agreement No. K60 to the State of California Department of Transportation to encumber $225,000 in State Safe Routes to School Funding for construction of the Paradise Valley Road Safe Routes to School Project from E. 8th Street to E. Plaza Boulevard near Ira Harbison Elementary School ($45,000 grant match is required; funds available through Prop. A TransNet) (Development Services/Engineering) CC/CDC Agenda 3/19/2013 — Page 4 7. A Resolution of the City Council of National City accepting the work of Palm Engineering Construction Company, Inc. approving the final contract amount of $511,087.12, authorizing the release of retention and ratify the filing of a Notice of Completion for the City Wide Safe Routes to School, Phase III Pedestrian Crossing Enhancement Project, Spec. No. 12-03. (Funded by CDBG, Prop "A" and Safe Routes to School) (Development Services/Engineering) 8. A Resolution of the City Council of the City of National City accepting the work performed by Palm Engineering Construction Company, Inc. with the final amount of $179,935.21, authorizing the filing of the Notice of Completion with the County Recorder for the National City Drainage Improvements Project, and authorizing the release of the retention in the amount of $1,244.20. (Funded by CDBG and Gas Tax) (Development Services/Engineering) 9. Resolution of the City Council of the City of National City approving the Electrical Assessment for Civic Center Building (1243 National City Blvd) & Police Department (1200 National City Blvd.) and transferring $65,200 plus 15% contingency for any unforseen changes for a total of $74,980 from Civic Center Refurbishing undesignated fund balance to, account numbers 189-409-500-598-1178 (Civic Center Electrical) in the amount of $37,547 and 189-409-500-598-1181 (Police Department Electrical) in the amount of $37,433. (Development Services/Engineering) 10. A Resolution of the City Council of the City of National City waiving the bid process and authorizing the Mayor to execute a software maintenance agreement with Motorola Solutions Inc. for a not -to -exceed amount of $26,343 to support the Motorola Premier MDC Software. (Information Technology) 11. Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement for Legal Services between the City and Daley & Heft, LLP, to increase the hourly compensation rate (City Attorney) 12. Resolution of the City Council of the City of National City authorizing the Mayor to sign a County of San Diego Operational Area Building Safety Inspection Mutual Aid Agreement. (Fire) 13. Resolution of the City Council of the City of National City approving an appropriation increase of the Materials line item and the corresponding revenue budget in response to an LSTA funds award of $3,000 from the California State Library for the purchase of literacy materials and/or computer programs that provide assistance to adult learners.(LIBRARY) CC/CDC Agenda 3/19/2013 — Page 5 14. TEMPORARY USE PERMIT -National City 's middle school Physical Education program at Kimball Park commencing March 20, 2013 thru March 20, 2014 with no waiver of fees. (Neighborhood Services) 15. TEMPORARY USE PERMIT - GranFondo Cannondale San Diego Bicycle Ride sponsored by the Little Italy Association on Sunday April 14, 2013 from 7:15 a.m. to 5 p.m. with no waiver of fees. (Neighborhood Services) 16. TEMPORARY USE PERMIT - 1st Annual South Bay Bocce Ball event at Kimball Park sponsored by The National City Rotary Club on April 20, 2013 from 8:00 a.m. to 6:30 p.m. with no waiver of fees. (Neighborhood Services) 17. Warrant Register #33 for the period amount of $479,216.75. (Finance) 18. Warrant Register #34 for the period amount of $1,723,200.59. (Finance) PUBLIC HEARINGS of 02/06/13 through 02/12/13 in the of 02/13/13 through 02/19/13 in the 19. Public Hearing of the City Council of the City of National City to consider the annual adjustment to the Transportation Development Impact Fee (TDIF), pursuant to NCMC Section 4.52.100 and consistent with Government Code Section 66017, proposing to increase the TDIF by 2%, as required by San Diego Association of Governments (SANDAG), resulting in the fee adjusting from $2,209 per unit. (Engineering) (Companion Item #21) 20. Public Hearing No. 1 of 2 on the allocation of U.S. Department of Housing and Urban Development (HUD) Program Year 2013 entitlement grant funds, program income, and funds remaining from completed projects to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for the 2013-2014 Action Plan (Housing and Grants) ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 21. A Resolution of the City Council of the City of National City amending the previously adopted Transportation Development Impact Fee (TDIF) schedule and annual adjustment to the TDIF, pursuant to NCMC Section 4.52.100 and consistent with Government Code Section 66017, approving an increase in the TDIF by 2%, as required by San Diego Association of Governments (SANDAG), resulting in the fee adjusting from $2,165 per CC/CDC Agenda 3/19/2013 — Page 6 new residential dwelling unit to $2,209 per unit (fees deposited into Transportation Impact Fee Fund) (Engineering) (Companion Item #19) 22. Resolution of the City Council of the City of National City approving an agreement between the San Diego Unified Port District and the City of National City for Police, Fire and Emergency Medical Services (Finance) NEW BUSINESS 23. General Plan Annual Progress Report for 2012 pursuant to California Government Code Section 65400(a)(2), which establishes the requirement that the City prepare an annual report on the status of the General Plan and the implementation of the Housing Element using forms and definitions adopted by the California Department of Housing and Community Development. (Planning) 24. Notice of Decision - Planning Commission approval of a Zone Variance for a reduced rear yard setback related to a residential addition at 1624 Lanoitan Avenue. (Applicant: Silvia Sotelo)(Case File 2013-01 Z) (Planning) 25. Notice of Decision - Planning Commission approval of a Conditional Use Permit for the sale & trade of jewelry, gold, and other precious metals at Jared and Kay Jewelers at Westfield Plaza Bonita located at 3030 Plaza Bonita Road. (Applicant: Sterling Jewelers) (Case File 2013-03 CUP) (Planning) 26. Notice of Decision - Planning Commission approval of a Conditional Use Permit for the expansion of the existing area approved for beer and wine at Golden Chopsticks Restaurant located at 1430 East Plaza Blvd. (Applicant: Wei Bin Chen) (Case File 2013-02 CUP) (Planning) 27. A report on the meetings with property owners and business owners ranking within the top ten of nonconforming uses surveyed within the Westside Specific Plan and the amortization process. (Planning) COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY 28. Resolution of the Community Development Commission- Housing Authority of the City of National City authorizing the Chairman to execute a Subordination Agreement allowing a new mortgage not -to -exceed $65,000 to be and remain a lien prior and superior to a housing rehabilitation assistance loan on a single -unit property located in National City (Housing and Grants) STAFF REPORTS 29. Identified sequestration impacts on City programs. (Housing and Grants) CC/CDC Agenda 3/19/2013 — Page 7 MAYOR AND CITY COUNCIL 30. Discussion of Immigration Reform. (Council Initiated) CLOSED SESSION REPORT Closed Session (City Attorney) ADJOURNMENT Regular City Council/Community Development/Housing Authority of the City of National City Meeting - Tuesday - April 2, 2013 - 6:00 p.m. - Council Chambers - National City, California. Adjourned National City Council/Community Development/Housing Authority of the City of National City Meeting - 2013-2014 Budget Workshop - Tuesday, April 9, 2013 - 6:00 p.m. - Council Chambers - National City, California. Item #1 3/19/13 ITEM #2 3/19/2013 ITE'4 #3 3/19/13 CITY OF NATIONAL CITY MEMORANDUM DATE: March 5, 2013 TO: Leslie Deese, Cit anager FROM: Stacey Stevens , ector of Administrative Services SUBJECT: EMPLOYEE E QUARTER PROGRAM The Employee Recognition Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized for the first quarter of calendar year 2013 is Dionisia Trejo — Senior Office Assistant. By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, March 19, 2013 to be recognized for her achievement and service. Attachment cc: Dionisia Trejo Josie Flores -Clark — Executive Assistant Human Resources — Office File I nominate Performance Recognition Award Nomination Form Dionisha Trejo RECEIVED FEB 2 6 2013 CITY' OF NA TIUNAL CITY HUMAN RESOURCES DEPARTMENT for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e of service beyond requirements of position, exemplary service to outstanding job performance, etc). Do not to exceed 150 total words. as specific as possible when giving your examples. See attached ., examples the public, Please be FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Human Resources Department Nominated by: Leslie Deese, City .Manager Signature: .-- Date: a.at •13 PERFORMANCE RECOGNITION AWARD DIONISHA TREJO The City Council and City Manager's Office are proud to nominate Senior Office Assistant Dionisia Trejo as "2013 Employee of the Quarter." Dionisia has been a valuable employee of the City for over 9 years. In 2004, she started as a part-time student worker and was promoted to a full-time Senior Office Assistant in November 2006. Dionisia's commitment to the City takes her the extra mile to serve our City and its residents. She is the consummate team player and always eager to take on new projects. For example, she was temporarily reassigned to the Neighborhood Services Department where she covered the reception desk for several months to fill a temporary vacancy. As part of this temporary assignment, Dionisa learned how different departments operate, including Code Enforcement, Public Works, and the Fire Department. She learned to process Temporary Use Permits (TUP's) and coordinated and attended TUP meetings as well as processed warrants, managed city accounts and residents' requests for information or the City's help with particular issues. Dionisia possesses excellent communication and organizational skills which are evident in her day-to-day responsibilities. Dionisia is often the first point of contact when scheduling meetings with the public and Council members. She maintains the City's Master Calendar, assists with special events such as the Mayor's State of the City Address. She processes invoices, ensures office supplies are well maintained, office files and newspaper clippings are up-to-date and easily accessed, and financial records for the Council are accurate. Dionisia is reliable and dedicated. Her professionalism, along with her positive and enthusiastic attitude is truly appreciated by all. On behalf of the City Council and City Manager's Office, I am extremely honored to nominate Dionisia as National City's "Employee of the Quarter." Nominated by Leslie Deese, City Manager 2/26/13 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 19, 2013 AGENDA ITEM NO. 4 ITEM TITLE: Interviews and Appointments: Planning Commission, Civil Service Commission, Community & Police Relations Commission, Public Art Committee PREPARED BY: Michael R. Dalla DEPARTMENT: City C PHONE: 619-336-4226 APPROVED BY: ;'/ EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: Take action to fill expired terms and vacancies. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Summary Report: Boards & Commissions 2. Applications BOARDS & COMMISSIONS — CURRENT VACANCIES AND EXPIRED TERMS PLANNING COMMISSION The term of Dolores Flores and Vince Reynolds will expire on March 3155. Dolores Flores has requested re -appointment. Vince Reynolds does not desire to be re -appointed. The following 8 individuals have applied and are eligible for appointment: Name Interviewed Dolores Flores (requests re -appointment) Roberto Garcia Yes (currently serves on the Traffic Safety Committee) Natalie Limbaga Yes Janice Martinelli Yes Alyssa Robledo Yes William Sendt Yes (currently serves on the Civil Service Commission) Richard Wingfield Yes (recently appointed to the CPRC) Ditas Yamane Yes CIVIL SERVICE COMMISSION There is one unexpired term on the Civil Service Commission. The following individuals have indicated a willingness to serve and are eligible. Name Interviewed Natalie Limbaga** Yes Alyssa Robledo** Yes Richard Wingfield** Yes (recently appointed to the CPRC) Ditas Yamane** Yes PUBLIC ART COMMITTEE There is one unexpired term on the Public Art Committee. The following individuals have indicated a willingness to serve and are eligible. Name Interviewed Natalie Limbaga** Yes Alyssa Robledo** Yes Richard Wingfield** Yes (recently appointed to the CPRC) Ditas Yamane** Yes CPRC COMMUNITY AND POLICE RELATIONS COMMISSION The term of Mr. Daniel Serrano expires on March 315t. He does not desire to be re -appointed. The following individuals have indicated a willingness to serve and are eligible. Name Interviewed Alyssa Robledo** Yes Ditas Yamane** Yes ** Applicants that indicated during the interview process that they would be interested in appointment to "other Boards and Committees". i CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMM! _ Civil Service Commission Planningrea _ Community & Police Relations Commission* (CPRC) ! Public Art Commifi&I Library Board of Trustees r Parks, Recreation & Senior Citizens Advisory Board _ Port Cmm� iir CITY OF NATIONAL Note: Applicants must be residents of the City of National City except for those marsea : n * Applicants for the. Community and Police Relations Commission must pass's crimin background check prior to appointment, Name: Home Address: 2-330 I Avt.. 140kewe\ .C; t CAA. «tarp Tel. No.: G10. -611A Business Affiliation: OikAaa a� �'^ �i4�ya Gomel Title: +aq ditm..ka+NS S,p a,�� Business Address: %'N plrrrtoh, 614,1 �a,I, S" GA. Tel. No.: S'S8 (o3G • `( t`t3 4Ltz3 Length of Residence in National City: 2 San Diego County: 7-2 California: 2 ( Educational Background: Uh.J�xSi bC GA; .cxY'ia , +% CNN% ' O . dr;v4,4 a C ("V -(" ' r Sorg �� G ' t 3 Ctg t l. Occupational Experience: 1Ja, t ffcLA 1 C:AnL, S 4 CQ LIB Professional or Technical Organization Memberships: 13 Civic or Community Experience, Membership, or Previous Public Service Appointments: (ice C. . tfaiuv AQM, Sp;. o k: Experience or Special Knowledge Pertaining to Area of interest: 2 alaor5 a C 'tvwt` ice - Sk Cr- Have you ever been convicted of a felony crime? No:.1 Yeses rI1sdemeanor cnme? 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. ` /? tt w' CoJ�V;C Gd i,rt Ve 2o1Z tar 4 wzbat.MAtanW.4,,, Yb \ S.# 'I. '1 ern cuJ`i`i Cd► +M p.p.,4 ze tkWJS Date: tl.i'tI I! Signature:. Please feel free to provide additional Infotion or Inters of endors ment. 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 Ctty. • Residency requirements may not apply This documents Is filed as a public document g Va144.0wf` g,Tgt- i tun•isV(colt b;ram Revised: March 2012 Roberto Garcia 2330 I Ave National City, CA 91950 E: roberto.garcia,ozua@gmail.com P: (619) 994-6179 Skills: o Strong Organizational Skills: prioritizing work, time management, and accountability. o Eloquent Communicator. excellent writing abilities, oral clarity, and bilingual — Spanish. o Marketing: social media, campaign implementation, and brand awareness. o Development: grant writing, annual campaigns, and personal solicitations. o Program Management: data tracking, outcome reporting and future planning. Work Experience: Marketing Operations Specialist, United Way of San Diego County October 2011— Present o Brand Awareness: implement online campaigns such as social media, email marketing, and Google AdWords. Increased traffic to website and organization sites 10%. o Event Management: coordinate and execute two special events. Increased attendance to main UWSD event by 100 Individuals. Distributed 21k books through a network of 35 partners. o Database Management: effectively identify and target donors with specific interests and giving history. Raised more than $20,000 through direct mail and online campaigns. o Project Management: intake project request and track until completion. Successfully completed 224 protects in 1 year. Campaign Account Representative, United Way of San Diego County August— October 2011 o Relationship Management: coordinate education, retail, insurance, and technology accounts by providing presentations to engage employees in giving, Program Assistant, I Love. a Clean San Diego February - April 2011 o General Duties: receive public inquires regarding proper disposal of hazardous waste. o Schedule Appointments: Household Hazardous Waste Collection Facilities and Senior Program. Canvasser, Environmental Health Coalition November 2010 o Customer Service: contact potential voters to educate on propositions. Successfully contacted 800 people In a 6 week period. Community Outreach Assistant, El Cajon CDC September 2008 - September 2010 o Recruit and Outreach Ethnic Businesses: Successfully recruited 10 businesses that created 32 new Iota! Jobs In a 12-month period. o Strengthen Committees: coordinate and manage economic development, community planning, and neighborhood committees. Increased attendance of each committee by 50% in one year. o Advocate Duties: educate council members, investors, and residents on economic development strategies and pattems to improve the local economy. Held weekly presentations for two years. Volunteer Traffic and Safety. Commissioner, City of National City October 2010 — present o Evaluate Projects: analyze public infrastructure projects and provide guidance to city council. Education: University of Califomia, San Diego Extension. Certificate of Development and Fundraising Expected '13 University of California, Santa Cruz. B.A. in Global Economics and Latin American Studies '08 References: Edith Saidivar, MPA Gonzalo Quintero, PhD Angela Titus, MBA Qualcomm South Westem College United Way of San Diego County 760.201.9001 619.791.5064 858.636.4172 www.Iinkedin.com/in/garciaozua 3 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES / Civil Service Commission V.-Planning Commission Community & Police Relations Commission* (CPRC) Public Art Committee* j/Library Board of Trustees i/Traffic Safety Committee 217 lifiliwks, Recreation & Senior Citizens Advisory Board 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. t_ Name: i 0.`�' 0., I I C. Atn. V. c_A-4-e_ n Vr1 t CL_9 / Home Address: A Z ( e" Di ✓i S , O& Sf-. Tel. No4/ " S�S 7_V335/ Business Affiliation: Title: Business Address: Tel. No.: Length of Residence in National City: 9/ / San Diego County: r9 California:/ Educational Background: Swbthsn r.� i7hi�S- &Lift s,e/rn.f 1 in edt'ce—f /Ta .ecuire Occupational Ex �erience: C,0... t. S •c. tov. S 6 C t c i[ r oCC. C. •L iJ°. f-f �9-64 1 � f Y� Professional or Technical Organization Memberships: ec.,4. f" } JQktlO Ne-I al 4- Civic or Community Experience, Membership, or Previous Public Service Appointments: Ce__ (4- "T - ory c� L Ai Experience or Special Knowledge Pertaining to Area of Interest: Have you ever been convicted of a felony crime? No:_ Yes:j/misdemeanor crime? No:_ Yes: a 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. lei et <- -- tA_) el -Vast o j e Pay of *Art icq ? - (`k.tki 4, G.itelrr, Date: /7— / 7, / 2 Signature: 47('). Please feel free to provide addition 1 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 `1 Revised: March 2012 a l t� 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 ba ground check rior to appointment. Name: check Home Address: ltib / Y✓v Tel. No.( L 4Z•Z-� t1 Business Affiliation: °ND l V V Title: (�f,(l7rYi Q Tel. No.: tetalgvj��z� Length of Residence in National City: 31,9. San Diego County:,? alifomia: Educational Background: Occupational Experience: ofes ional or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous Public Service Appointments: OC&2 ` 09 Experienc 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 Business Address: Special Knowledge Pertaining to Area of Interest: Qak Have you ever been convicted of a felony crime? No. Yes:_ misdemeanor crime? Np 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. � ?" fin\9,03e4D)41te Girrnti C )fib VjAPC6 P 40 s ( Date: Signature. OXLD �OS �J� Please feel free to provide addition formation or letters Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 0 z Thank you for your interest in serving the City of National C r. * Residency requirements may not apply This documents is filed as a public document 5 "< Ratified: March 2012 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 Port Commission 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: A l y6SQ Hone Rc by/ecl o gel Home Address: 7 08 E./0/-ee A[M - II C L Tel. No.: (&i J S8'? /3`0 Business Affiliation: Wa1 Dnu& 01y Make . ..10) / Title: en9l isle Teach QF- Business Address: /70/ a,1/� Arnie %VG4i '/ Ct? rrTel. No.((9 ,3, (0 2(900 Length of Residence in National City: al San Diego County: eC 7 California: 2 7 Educational Background: L/t/CAVI J Sl/f/I J t D — 13.A. m ef�Ql i c h {%.S. /) _ 140soill { kdli(at7�i7Y� - (1ry7(u/vtvl °� l tiiny �,// Occupational Experience: /3eJvre T. hefame 4 aci,ev' 7 led of 7 UsD 8007Zslot (I yea►-) 94 as 0 Aod sem. licsf Laud al the Can L o Zw(cyear) Professional or Technical Organization Memberships: SEA U%) J D n I2e10J r4 C 6acu1{7 4dvr5ernen-1- COynmi PP_ ) Civic or Community Experience, Membership, or Previous Public Service Appointments: 4s a-karl'Wr /11 ft te. sigh jnriz4d.T q w up (n7 I am y i vin_9 hacK iv my camrnuni lip ,1,1&d Experience or Special Knowledge Pertaining to Area of Interest: tat it do Mo, Zama Q c - Darner, owe. 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: /a/7//2 Signatur 4 o (") Please feel free to provide additional formation or letters of endorsemegt. n -4111 rt Please return completed form to: 4 o rn' Office of the City Clerk n -tj r'► 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 Co Waekaa Revised: March 2012 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES _ Civil Service Commission 7 Planning Commission _ Community & Police Relations Commission* (CPRC) Public Art Copp LQ _ Library Board of Trustees _ Traffic Safettjfc`neilitK Parks, Recreation & Senior Citizens Advisory Board _ Port Commission _l Note: Applicants must be residents of the City of National City except for s13 mar C ed y an D tit 21 Applicants for the Community and Police Relations Commission nrigttipffblSOONitd1 Cf background check prior to appointment. Name: inhllterwL. Snub' Home Address: 110 ZfeAfie-/ Aire_ A" , Tel. No.: (6/9)10 ' 7�� DepT, QC DeFea-st 4ura4t4e 5p-e;fe4si Business Affiliation: i4i-vy i?r se-g e///416 I-f Title: SATely ® Geri ftgetfu"erAlper' aceer SNx/ tm cfa, r� Business Address: 3Viiic Friu6d-r- A✓%,. yr 92/3 ti- 1-0yo Tel. No.: (640 5 2-- 6 Ci Length of Residence in National City: s/ ya San Diego County: 55yrs California: 56 yrs Educational) Background: (oiadu�e i/vee-bowler i/c,./ (/9a-t)f �nva e t &/1e7t (bo%4yr); 6P6 f j (.,(tesaj%sresi; et-T %l tta/tociet) Occupational Experience: U• 5. /4r ty (m' ial 6-4), LDo b (lzproF 11 - A/bS L S a /9g 3 -pre f aive Grp /re/I 63rh444, 1 S�raat«,� byaikfirc 5.RDAHel.rl Awa+xrs /,u{b Professional or Technical Organization Memberships: It'1e-w-ber, pue% or reuscc lvyrco/of& DTI of Dere445E oiJ ii!r/ A Mork (orovp ( -c) Civic or Community Experience, Membership, or Previous Public Service Appointments: CPitC - 6,44::),Ari ewer, Vast - +r CS~n - iuz 4cr CurraLT eh irk reviews daM/Nd,vily vetutedeer pvxcfs Experience or Special Knowledge Pertaining to Area of Interest: CPeC%5E - Arcrb fvtpc4[.trb 2 166940i vu/yrrµ kr4 , /iti 5r1C (¢rec-v 6e!1-- 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: i 1/4r / V Signature: 174- 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 9 Revised: March 2012 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission x Planning Commission >4_ Community & Police Relations Commission* (CPRC) _ Public Art Committee* _ Library Board of Trustees x Traffic Safety Committee SL Parks, Recreation & Senior Citizens Advisory Board 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: "2.1cHzl2 i b'Ji 1uf,p-ticLTD Home Address: Z. ('- Q 0 Ave-. Business Affiliation: 1U5►t' Title: Business Address: Tel. No.: Length of Residence in National City: 3y(RS San Diego County: Tel. No.: 11 Gi — 7 33 - L-0i c1 California: (ArseS Educational Background: H 16 EA ScNoaL DIPLOMA (a* caLLE6E F1)11 S ToLu<te.p 5 A W") 'CO 2A Fe(V Occupational Experience: /0 YK5 i*1..Tlr2 3v �E2vEQ 7 �E, A)AUY REscvE Sw,M+.tic2/CFLE-w LNtEF Professional or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous Public Service Appointments: VOLLA-rrE-42: FACN\ PARAntSE 62teK ATTEND Cyr? CouQc.lL /v1tc-r (5 A1JD 1 OP.&D nil Nt(rv�5, Lu rsNair vDe_ATiN6 F-ae_ poor- iwn.PK6c/gme--- Expperience or Special Knowledge Pertaining to Area of Interest: )uPERvISbe- THE i)AJIY Have you ever been convicted of a felony crime? No:Yes: misdemeanor crime? No:K 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: inAY Z2, ?C) ( Z Signature: d � Please feel free to provide additional information or letters of endorsement. ti Please return completed form to: a D Office of the City Clerk r- 1243 National City Blvd, National City, CA 91950 n 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: March 2012 "Qalicts -1a Q1 0A-Aunsbtt Experience or Special Knowledge Pertaining to Area of In rest: Have you ever been convicted of a felony crime? No: v! 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. f l Date: {21 ' )1 Signature: c1 Please feel free to provide additional information or fetters of endorsent.7 Please return completed form to: x Office of the City Clerk 1243 National City Blvd, National City, CA 91950 c^- Thank you for your interest in serving the City of National City. w CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission 1 Planning Commission Community & Police Relations Commission* (CPRC) _ Public Art Committee* Library Board of Trustees _ Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: OrYkq YAt.4404E Home Address: isvb G . ttg-tb &fair No'�'�a0c,1i t, 411 1'.: Pei. No.: `�' 414 N Business Affiliation: Of NlNilp,►t td Title: V' ' 11344-41 Business Address: 140 %Z. S &h N', oriel WiaoAzo Tel No.: q 414 Length of Residence in National City: , San Diego County: California:t� Educational Background: Or» Ni- 1L 6t►An+arrn e,1)4�44 rn } - 4�J(1 Occupational Experience: as t tIAA 9. taV to -Professional or Technical Organization Me jbeer�ships: �ti H4+" • • R e t- Civic or Community Experience, Membership, or Previous Public Service Appointments: 014 * Residency requirements may not apply This documents is filed as a public document q Revised: March 2012 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619) 336-4226 (619) 336-4229 fax BOARDS, COMMISSIONS, AND COMMITTEES STATEMENT OF INTENT / REQUEST FOR RE -APPOINTMENT The City Council will soon consider appointments and re -appointments to various Boards and Committees. Please check the box below that best indicates your desire or intent; sign and return to the City Clerk's Office. a I respectfully request to be re -appointed to the Planning Commission. ❑ I do not desire to be re -appointed. Dolores Flores Q7o�au,�-C d j r/ l ao l 3 Name Signature Date \0 Item # 5 03/19/13 APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF March 5, 2013. (City Clerk) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 'IEETING DATE: March 19, 2013 AGENDA ITEM NO. 6 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to execute and submit Program Supplement Agreement No. K60 to the State of California Department of Transportation to encumber $225,000 in State Safe Routes to School Funding for construction of the Paradise Valley Road Safe Routes to School Project from E. 8th Street to E. Plaza Boulevard near Ira Harbison Elementary School ($45,000 grant match is required; funds available through Prop A TransNet) PREPARED BY: Stephen Manganiello, City Engineer PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Development Services / APPROVED BY: Engineering FINANCIAL STATEMENT: APPROVED: LIA./jakatii4. Finance ACCOUNT NO. APPROVED: MIS 323-409-500-598-6185: $225,000 (State SR2S Grant — Paradise Valley Road); 307-409-500-598-6166: $45,000 (Prop A — SR2S) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Resolution 3. Program Supplement Agreement Explanation On July 10, 2012 Caltrans awarded a $225,000 State Safe Routes to School Grant for construction of the Paradise Valley Road Safe Routes to School Project from E. 8th Street to E. Plaza Boulevard near Ira Harbison Elementary School. Local matching funds in the amount of $45,000 are required for a total project cost of $270,000. Through the RTIP process (per Resolution No. 2011-255), City Council authorized the allocation of $500,000 in TransNet Prop "A" funds for Safe Routes to School projects. Balance is available to cover the $45,000 local match. The project will enhance safety for students and pedestrians along Paradise Valley Road between E. 8th Street and E. Plaza Boulevard near Ira Harbison Elementary School by constructing new sidewalks, curb and gutter, and installing safety lighting. Per Resolution No. 2007-68, City Council authorized the City Engineer to execute Master Agreement No. 00013S with the California Department of Transportation for the City's future State -funded projects. In order to satisfy the grant requirements, a Program Supplemental Agreement must be executed and submitted by the City Manager by April 8, 2013. City Council Resolution is required. Accounting Officer PROGRAM SUPPLEMENT NO. K60 to ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE FUNDED PROJECTS NO 00013S Adv Project ID Date: 1113000101 Location: Project Number: E.A. Number: Locode: January 28, 2013 11-SD-0-NATC SR2SL-5066(024) 11-956746 5066 This Program Supplement, effective , hereby adopts and incorporates into the Administering Agency -State Agreement No. 00013S for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 05/02/07 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement underauthority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached). The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages. PROJECT LOCATION: Ira Harbison ES. Paradise Valley Rd between E. 8th St & E. Plaza Blvd TYPE OF WORK: Construct sidewalks, curb and gutter; install minor safety lighting Estimated Cost State Funds Matching Funds $270,000.00 STATE $225,000.00 LOCAL $45,000.0 OTHER $0.0C CITY OF NATIONAL CITY By Title Date Attest STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Date 02. ( . 13 $225,000.00 Chapter Statutes Item Year Program BC Category Fund Source AMOUNT Program Supplement 00-013S-K60- SERIAL Page 1 of 3 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLMENT AND CERTIFICATION FORM PSCF (REV: 01/2010) Page of 1_ TO: STATE CONTROLLER'S OFFICE Claims Audits 3301 "C" Street, Rm 404 Sacramento, CA95816 DATE PREPARED: 1/31/2013 PROJECT NUMBER: 1113000101 REQUISITION NUMBER / CONTRACT NUMBER: RQS-2660- 111300000224-1 FROM: Department of Transportation SUBJECT: Encumbrance Document VENDOR / LOCAL AGENCY: CITY OF NATIONAL CITY CONTRACT AMOUNT: $225,000.00 PROCUREMENT TYPE: Local Assistance CHAPTER 21 STATUTES 2012 ITEM 2660-102-042 YEAR 2012-2013 PEC/PECT 20.30.010.535 TASK / SUBTASK 2620/0400 AMOUNT $225,000.00 TOTAL 225,000.00 ADA Notin For individuals with sensory disabilities, this document is available in alternate formats. For information, call (915) 654-6410 of TDD (916) -3880 or write Records and Forms Management, 1120 N. Street, MS-89, Sacramento, CA 95814. 11-SD-0-rIATC SR2SL-5066(024) SPECIAL COVENANTS OR REMARKS 01 /28/2013 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these STATE funds. 2. 1. This PROJECT is funded with State -Only funding from the Safe Route to School (SR2S) Program. 2. ADMINISTERING AGENCY agrees to administer PROJECT in accordance with the SR2S Program Guidelines under which the project was selected. 3. This PSA allows reimbursement of eligible PROJECT expenditures to the ADMINISTERING AGENCY for which the SR2S State funds are allocated. The effective State allocation date establishes the eligibility date for the ADMINISTERING AGENCY to start reimbursable work. Any work performed prior the the effective allocation date is not eligible for reimbursement from the SR2S funds. 4. ADMINISTERING AGENCY agrees that SR2S funds available for reimbursement will be limited to the amount allocated and encumbered by the STATE consistent with the scope of work in the STATE approved application. Funds encumbered may not be used to increase the scope of work after a project is awarded for construction unless approved by the Statewide SR2S Coordinator prior to performing work. Future allocations of SR2S funds will be encumbered by use of a STATE approved Allocation Letter and Finance Letter. 5. ADMINISTERING AGENCY agrees to the program delivery and reporting requirements established for the applicable SR2S Program funding cycle. 6. ADMINISTERING AGENCY agrees to provide contract award information to the State within 60 days of the award and prior to submitting the first invoice for construction of this PROJECT. The required Construction Contract Award Information is listed at the Caltrans Safe Routes to School (SR2S) Project Implementation web site: http:www.dot.gov/hq/LocalPrograms/saferoutesisr2s_instruct.htm 7. The ADMINISTERING AGENCY agrees to follow all relevant State laws and requirements including the California Environmental Quality Act (CEQA). 8. The ADMINISTERING AGENCY agrees to submit the "Final Report of Expenditures" to the DLAE within six (6) months of project completion in accordance with Section 17.5 of the Local Assistance Procedures Manual (LAPM). 3. ADMINISTERING AGENCY agrees to comply with Office of Management and Budget (OMB) Circular A-87, Cost Principles for State a.nd Local Governments, and 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Notwithstanding the foregoing, ADMINISTERING Program Supplement 00-013S-K60- SERIAL Page 2 of 3 01 /28/2013 11 /SD-O-JJATC SR2SL-5066(024) SPECIAL COVENANTS OR REMARKS AGENCY shall not be required to comply with 49 CFR, Part 18.36 (i), subsections (3), (4), (5), (6), (8), (9), (12) and (13). 4. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304,. all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. Program Supplement 00-013S-K60- SERIAL Page 3 of 3 -4- RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AND SUBMIT PROGRAM SUPPLEMENT AGREEMENT NO. 0K603 TO THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION TO ENCUMBER $225,000 IN STATE SAFE ROUTES TO SCHOOL FUNDING FOR CONSTRUCTION OF THE PARADISE VALLEY ROAD SAFE ROUTES TO SCHOOL PROJECT FROM EAST 8TH STREET TO EAST PLAZA BOULEVARD NEAR IRA HARBISON ELEMENTARY SCHOOL WHEREAS, on July 10, 2012, Caltrans awarded National City a $225,000 State Safe Routes to School Grant for construction of the Paradise Valley Road Safe Routes to School Project from East 8th Street to East Plaza Boulevard near Ira Harbison Elementary School (the "Project"), which requires local matching funds in the amount of $45,000 for a total project cost of $270,000; and WHEREAS, the Project will enhance safety for students and pedestrians along Paradise Valley Road from East 8th Street to East Plaza Boulevard near Ira Harbison Elementary School by constructing new sidewalks, curb and gutter, and installing safety lighting; and WHEREAS, on April 7, 2007, the City Council adopted Resolution No. 2007-68, approving the Master Agreement Agency -State No. 00013S with the California Department of Transportation ("Caltrans") for the renewal of the existing administrating Agency -State Agreement No. 00013S for future state -funded projects; and WHEREAS, to satisfy the Grant requirements, a Program Supplemental Agreement must be executed and submitted by the City Manager by April 8, 2013. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to execute and submit Program Supplement Agreement No. 0K60 to the State of California Department of Transportation to encumber $225,000 in State Safe Routes to School Grant funding for construction of the Paradise Valley Road Safe Routes to School Project from East 8th Street to East Plaza Boulevard near Ira Harbison Elementary School. Said Program Supplement Agreement is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes matching funds in the amount of $45,000 available through Prop "A" TransNet funds for a total project cost of $270,000. PASSED and ADOPTED this 19th day of March, 2013. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT '1EETING DATE: March 19, 2013 AGENDA ITEM NO. 7 ITEM TITLE: A Resolution of the City Council of National City accepting the work of Palm Engineering Construction Company, Inc. approving the final contract amount of $511,087.12, authorizing the release of retention and ratify the filing of a Notice of Completion for the City Wide Safe Routes to School, Phase III Pedestrian Crossing Enhancement Project, Spec. No. 12-03. (Funded by CDBG, Prop "A" and Safe Routes to School) PREPARED BY: Barby Tipton PHONE: EXPLANATION: See attached DEPARTMENT: Development Services -Engineering Division APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED:l APPROVED: Retention is encumbered on Purchase Order 75897 and will be release upon Council approval. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: N/A 4TTACHMENTS: 1. Explanation 2. Notice of Completion 3. Final Contract Balance Sheet and Final Billing Statement 4. Resolution On May 17, 2012, seven bids were received and opened for the Citywide Safe Routes to School, Phase III Pedestrian Crossings Project, Specification 12-03. The lowest responsive bidder was Palm Engineering with a proposed bid amount of $556,132. Staff checked the provided references and found that Palm Engineering was qualified to perform the work as detail in the specification. Staff reviewed bid documents and recommended that Council award the contract to Palm Engineering for which they did. Work began on June 25, 2012 and was completed on November 16, 2012. There were six change orders for this project: Change Order No. Amount Purpose 1 $1,147.01 Field change to modify existing driveway condition that did not meet Code as designed on Palmer Way 2 $2,345.76 Use of Flagman on time and material basis for flagman at Earle Drive and Palmer Way 3 $5,089.63 Remove and replace driveway at 2437 Highland Avenue to conform to ADA requirements 4 $840.00 Additional survey work needed on Palmer Way, on time and material basis 5 $945.00 Additional survey work needed on Lanoitan Avenue, on time and material basis 6 $-2,156.00 Reduction - back charge to contractor for soil testing work performed by Ninyo & Moore TOTAL $8,211.40 There were numerous line item adjustments, as outline in the final billing statement (attached). The line item adjustments resulted in a reduction of $53,256.28, with a final contract price of $511,087.12. As a result of satisfactory completion of the project, the retention withheld in the amount of $25,554.36 shall be released upon Council's approval to accept the work and ratify the filing of the Notice of Completion. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 D O C it 2013-0068031 IiiIIIIVII IIIIIIIIIYIIIIIIIIII0I IIIIYIIIINIIIIIIIIIIII JAN31,2018 8:08AM OFFICIAL RECORDS SPN DIE60 COUNTY RECORDERS OFFICE EnrlJ. DmrtnO. h.. COUNTY RECORDER FEES: Or PAGES: 2 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on January 9, 2013, of the City Wide Safe Routes to School, Phase III Pedestrian Crossing Enhancement Project, Spec. No. 12-03 Work of improvement or portion of work of improvement under construction or alteration. Various Locations in National City CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner in fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said Work of improvement was performed on the property pursuant to a contract with Palm Engineering Construction Company, Inc. Name of Original Contractor The following work and material were supplied: Labor provided: General Laborer. Materials: Concrete, asphalt, irrigation supplies, traffic control supplies. Equipment: Concrete Truck, concrete paving hand tools General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: January 9, 2013; Joint tenants, tenants in common, or other owners Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on Janus , 2013 at, National City, California, Signature: ON MORRISON, MAYOR Noo12-S 2 FINAL CONTRACT BALANCE DATE: February 27, 2013 PROJECT: Citywide Safe Routes to School, Phase III - Pedestrian Crossing Project FY 11-12 Specification No. 12-03 TO: Palm Engineering 7330 Opportunity Road, Suite J San Diego, CA 92111 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: TOTAL CONTRACT TIME: DESCRIPTION: $556,132.00 June 25, 2012 November 16, 2012 100 Working Days 1 Working Day 101 Working Days The Final Contract Balance reports final line item amounts and summarizes all change orders to produce a final contract amount. CHANGE ORDERS AND LINE ITEM ADJUSTMENTS: Change Order #1 required a field change to modify the existing driveway condition that did not meet Code as designed on Palmer Way. This work was performed at an agreed upon price. This Change Order total amount was $ 1,147.01. Change Order #2 required the use of a flagman to assist with morning school traffic. This work was tracked on a T&M basis. This Change Order total amount was $ 2,345.76. Change Order #3 removed and replaced a driveway at 2437 Highland to conform to ADA requirements. The work was performed at an agreed upon price. This Change Order total amount was $ 5,089.63. Change Order #4 added additional survey needed on Palmer Way. This work was performed on a T&M basis. This Change Order total amount was $ 840.00. Changer Order #5 added additional survey needed on Lanoitan. This work was performed on a T&M basis. This Change Order total amount was $ 945.00. 3 FINAL CONTRACT BALANCE National City Citywide Safe Routes to School, Phase III - Pedestrian Crossing Project, FY 11-12 Specification No. 12-03 Change Order #6 was a back charge to the contractor for soils testing. The costs associated with this back charge were direct cost from Ninyo & Moore. This Change Order resulted in a deduct to the contractor in the of $ 2,156.00. All Change Orders listed above increased the total contract amount $ 8,211.40. There were numerous line item adjustments per the attached FINAL BILLING STATEMENT that resulted in a total deduct of $ 53,256.28. CONTRACT ADJUSTMENT: As a result of the above change orders and line item adjustments, the contract price is adjusted as follows: 1. The final contract price is adjusted to $ 511,087.12. 2. As a result of the satisfactory completion of said project, a retention amount of $ 25,554.36 is set for invoice processing and payment upon the receipt of signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Palm Engineering will not be entitled to damages or additional payment for delays as described in the 2012 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. 4 CITY OF NATIONAL CITY Citywide Safe Routes to School, Phase III - Pedestrian Crossing Project Specification No. 12-03 FINAL BILLING STATEMENT February 27, 2013 Original Contract To Date Delta ITEM NUMBER 1 DESCRIPTION Mobilization/Demobilization CONTRACT QUANTITY Site 1 UNIT PRICE #1 — 8th Street $ 3,000.00 AMOUNT at Olive Avenue $ 3,000.00 TOTAL QUANTITY OR % TO DATE 1 TOTAL AMOUNT TO DATE $ 3,000.00 - 2 Survey, Staking, Including monument Markers 1 $ 3,000.00 $ 3,000.00 1 $ 3,000.00 _ 3 Clear & Grub 1 ' $ 5,000.00 $ 5,000.00 1 $ 5,000.00 - 4 Traffic Control 1 $ 3,000.00 $ 3,000.00 1 $ 3,000.00 - 5 Unclassified Excavation 350 $ 45.00 $ 15,750.00 244 $ 10,980.00 (4,770.00) 734.40 6 Construct 4" AC Pavement 124 $ 120.00 $ 14,880.00 130.12 $ 15,614.40 7 Construct Aggregate Base (10") 311 $ 27.00 $ 8,397.00 198 $ 5,346.00 (3,051.00) (2,380.00) (300.00) 8 Construct 6" CF Type G Curb and Gutter per SDRSDG-2(Moded) 206 $ 28.00 $ 5,768.00 121 $ 3,388.00 9 Construct Type B-3 Curb per SDRSD G-6 600 $ 20.00 $ 12,000.00 585 $ 11,700.00 10 Construct Cross Gutter per SDRSD G-12 640 $ 10.00 $ 6,400.00 589 $ 5,890.00 (510.00) 11 Construct Sidewalk per SDRSDG-7 1785 $ 6.00 $ 10,710.00 1857 $ 11,142.00 432.00 12 Construct 4" Stamped/Colored PCC Pavement 1,722 $ 7.00 $ 12,054.00 1481 $ 10,367.00 (1,687.00) 1,900.00 13 Construct Type A Curb Ramp per City of San Diego Standard Drawing 5DG-132 2 $ 1,900.00 $ 3,800.00 3 $ 5,700.00 14 Construct Type Cl Curb Ramp per City of San Diego Standard Drawing SDG-134 2 $ 1,900.00 $ 3,800.00 1 $ 1,900.00 (1,900.00) 15 Construct Truncated Domes per City of San Diego Standard Drawing SDG-130 2 $ 700.00 $ 1,400.00 2 $ 1,400.00 16 Signing, Striping and Pavement Markers 1 $ 15,000.00 $ 15,000.00 1 $ 15,000.00 - Sub Total Site # 1 $123,959.00 $112,427.40 (11,531.60) CITY OF NATIONAL CITY Citywide Safe Routes to School, Phase III - Pedestrian Crossing Project Specification No. 12-03 FINAL BILLING STATEMENT February 27, 2013 Original Contract To Date Delta ITEM NUMBER 17 DESCRIPTION Site Mobilization/Demobilization CONTRACT QUANTITY #2 — Plaza 1 UNIT PRICE Boulevard Mid $ 3,000.00 AMOUNT -Block Pedestrian $ 3,000.00 TOTAL QUANTITY OR % TO DATE Crossing 1 TOTAL AMOUNT TO DATE $ 3,000.00 - 18 Survey, Staking, Including monument Markers &Comer Markers 1 $ 3,500.00 $ 3,500.00 1 $ 3,500.00 - 19 Clearing & Grubbing 1 $ 5,000.00 $ 5,000.00 1 $ 5,000.00 - 20 Traffic Control 1 $ 3.000.00 $ 3,000.00 1 $ 3,000.00 - 21 Unclassified Excavation 525 $ 45.00 $ 23,625.00 386.6 $ 17,397.00 (6,228.00) 672.00 22 Construct 4" AC Pavement 170 $ 120.00 $ 20,400.00 175.6 $ 21,072.00 23 Construct Aggregate Base (10") 426 $ 27.00 $ 11,502.00 388.58 $ 10,491.66 (1,010.34) 24 Construct 8" CF Type G Curb and Gutter per SDRSD G-2 (Modified) 260 $ 28.00 $ 7,280.00 225 $ 6,300.00 (980.00) 25 Construct Type B-1 Curb per SDRSD G-6 473 $ 22.00 $ 10,406.00 449 $ 9,878.00 (528.00) 26 Construct Sidewalk per SDRSDG-7 2202 $ 6.00 $ 13,212.00 1908 $ 11,448.00 (1,764.00) 27 Construct 5-1/2" thick Sidewalk per SDRSD G-7 491 $ 7.00 $ 3,437.00 84 $ 588.00 (2,849.00) 28 Construct 4" Stamped/Colored PCC Pavement 1701 $ 7.00 $ 11,907.00 1549 $ 10,843.00 (1,064.00) 182.00 29 Construct 5-1/2" PCC Driveway per SDRSD 614 A, Including Portion Behind Back of Sidewalk 346 $ 7.00 $ 2,422.00 372 $ 2,604.00 30 Construct Type A Curb Ramp per City of San Diego Standard Drawing SDG-132 1 $ 1,900.00 $ 1,900.00 1 $ 1,900.00 - 31 Construct Type C Curb Ramp per SDRSD G-29 and Detail on Plans 1 $ 1,900.00 $ 1,900.00 1 $ 1,900.00 - 32 Construct Curb Outlet - TypeAper SDRSDD-25 1 $ 1,500.00 $ 1,500.00 1 $ 1,500.00 33 Construct Sidewalk Underdrain Pipe per SDRSD D-27 2 $ 500.00 $ 1,000.00 2 $ 1,000.00 - 34 Adjust Water Meter Frame and Cover to Grade (Meterframe/coverprovided) 3 $ 250.00 $ 750.00 3 $ 750.00 - 35 Adjust Sewer Manhole Frame and Cover to Grade 1 $ 350.00 $ 350.00 1 $ 350.00 - 36 Adjust Irrigation valve to Grade 1 $ 250.00 $ 250.00 1 $ 250.00 - CITY OF NATIONAL CITY Citywide Safe Routes to School, Phase III - Pedestrian Crossing Project Specification No. 12-03 FINAL BILLING STATEMENT February 27, 2013 Original Contract To Date Delta ITEM NUMBER DESCRIPTION CONTRACT QUANTITY UNIT PRICE AMOUNT TOTAL QUANTITY OR % DATE TOTAL AMOUNT TO DATE 37 Provide and Install Conduit, Pull -Boxes and all related Work & Appurtenances for Future Lighted Stop Bar with In -Road Warning Light Flashers (to be installed under separate City of National City contract) Per Detail on Plans. Also, Remove and Salvage existing In -Street Flashers and Plug and Abandon Existing Conduit. 1 $ 4,000.00 $ 4.000.00 1 $ 4,000.00 - 38 Signing, Striping and Pavement Markers 1 $ 10,250.00 $ 10,250.00 1 $ 10,250.00 - Sub Total Site #2 $ 140,591.00 $ 127,021.66 (13,569.34) 39 Mobilization/Demoblllzation Site #3 1 —16th Street $ 3,000.00 at Lanoitan Avenue $ 3,000.00 1 $ 3,000.00 - 40 Survey, Staking, Including monument Markers 1 $ 3,500.00 $ 3,500.00 1 $ 3,500.00 - 41 Clear & Grub 1 $ 3,000.00 $ 3,000.00 1 $ 3,000.00 - 42 Traffic Control 1 $ 4,000.00 $ 4,000.00 1 $ 4,000.00 _ 43 Unclassified Excavation 230 $ 45.00 $ 10,350.00 187 $ 8,415.00 (1,935.00) 44 Construct 4" AC Pavement 88 $ 120.00 $ 10,560.00 105.65 $ 12,678.00 2,118.00 45 Construct AggregateBase(10") 220 $ 27.00 $ 5,940.00 135 $ 3,645.00 (2,295.00) 46 Construct 6 CF Type G Curb and Gutter per SDRSD G-2 (Modified) 272 $ 28.00 $ 7,616.00 260 $ 7,280.00 (336.00) 47 Construct Sidewalk per SDRSD G-7 2000 $ 6.00 $ 12,000.00 2077 $ 12,462.00 462.00 48 Construct 5-1/2" PCC Driveway perSDRSD614 A, Including Portion Behind BackofSidewalk 126 $ 7.00 $ 882.00 110 $ 770.00 (112.00) 49 Construct Type A Curb Ramp per City of San Diego Standard Drawing SDG-132 4 $ 1,900.00 $ 7,600.00 4 $ 7,600.00 50 Install Type I Pedestrian Barricade Per Cahrans Std Plan ES-7P 1 $ 1,200.00 $ 1,200.00 1 $ 1,200.00 51 Adjust Water Meter Frame and Cover to Grade (Meter frame/cover provided) 2 $ 250.00 $ 500.00 2 $ 500.00 - CITY OF NATIONAL CITY Citywide Safe Routes to School, Phase 111 - Pedestrian Crossing Project Specification No. 12-03 FINAL BILLING STATEMENT February 27, 2013 Original Contract To Date Delta ITEM NUMBER DESCRIPTION CONTRACT QUANTITY UNIT PRICE AMOUNT TOTAL QUANTITY OR t, TO DATE TOTAL AMOUNT TO DATE 52 Adjust Sewer Manhole Frame and Cover to Grade 1 $ 350.00 $ 350.00 1 $ 350.00 - 53 Signing, Striping and Pavement Markers 1 $ 18,750.00 $ 18,750.00 1 $ 18,750.00 - Sub Total Site # 3 $ 89,248.00 $ 87,150.00 (2,098.00) Site Mobilization/Demobilization #4 — Palmer 1 Street, frori $ 3,000.00 Earle Drive to $ 3,000.00 Palmer Way 1 $ 3,000.00 - 54 55 Survey, Staking, Including monument Markers 1 $ 3,500.00 $ 3,500.00 1 $ 3,500.00 56 Clear & Grub 1 $ 4,000.00 $ 4,000.00 1 $ 4,000.00 - 57 Traffic Control 1 $ 6,000.00 $ 6,000.00 1 $ 6,000.00 - 58 Unclassified Excavation 700 $ 40.00 $ 28,000.00 422.6 $ 16,904.00 (11,096.00) 576.00 59 Construct 3" AC Pavement 224 $ 120.00 $ 26,880.00 228.8 $ 27,456.00 60 Construct Aggregate Base (8") 597 $ 27.00 $ 16,119.00 463.58 $ 12,516.66 (3,602.34) 61 Construct 6" CF Type G Curb and Gutter per SDRSD G-2 (Modified) 580 $ 28.00 $ 16,240.00 427 $ 11,956.00 (4,284.00) (1,960.00) 62 Construct 4" CF Type G Curb and Gutter per SDRSD G-2 (Modified) 232 $ 28.00 $ 6,496.00 162 $ 4,536.00 63 Construct Type A AC Dike per SDRSD G-5 18 $ 30.00 $ 540.00 18 $ 540.00 - 64 Construct Cross Gutter per SORSD G-12 2015 $ 10.00 $ 20,150.00 1460 $ 14,600.00 (5,550.00) 288.00 65 Construct Sidewalk per SDRSD G-7 4675 $ 6.00 $ 28,050.00 4723 $ 28,338.00 66 Construct 5-1/2" PCC Driveway per SDRSD G14 A, Including Portion Behind Back of Sidewalk 637 $ 7.00 $ 4,459.00 540 $ 3,780.00 (679.00) 67 Construct Type A Curb Ramp per City of San Diego Standard Drawing SDG-132 12 $ 1,900.00 $ 22,800.00 12 $ 22,800.00 68 Install Type I Pedestrian Barricade Per Caltrans Std Plan ES-7P 2 $ 1,200.00 $ 2,400.00 2 $ 2,400.00 69 Adjust Water Meter Frame and Cover to Grade (Meterframe/coverprovided) 3 $ 250.00 $ 750.00 4 $ 1,000.00 250.00 70 Adjust Sewer Manhole Frame and Cover to Grade 2 $ 350.00 $ 700.00 2 $ 700.00 71 Adjust Irrigation Valve to Grade 1 $ 'Gn no $ 250.00 1 $ 250.00 - CITY OF NATIONAL CITY Citywide Safe Routes to School, Phase HI - Pedestrian Crossing Project Specification No. 12-03 FINAL BILLING STATEMENT February 27, 2013 Original Contract To Date Delta ITEM NUMBER DESCRIPTION CONTRACT QUANTITY UNIT PRICE AMOUNT TOTAL QUANTITY OR % TO DATE TOTAL AMOUNT TO DATE 72 Signing, Striping and Pavement Markers 1 $ 12,000.00 $ 12,000.00 1 $ 12,000.00 - Sub Total Site # 4 $ 202,334.00 1 $ 176,276.66 (26,057.34) ORIGINAL CONTRACT ITEMS $ 556,132.00 $ 1,147.01 FINAL CONTRACT ITEMS Modify driveway on Palmer Way 1 Change $ 1,147.01 Orders $ 1,147.01 502,875.72 - CCO#1 CCO#2 Flagman 1 $ 2,345.76 $ 2,345.76 1 $ 2,345.76 - CCO#3 2437 Highland Driveway 1 $ 5,089.63 $ 5,089.63 1 $ 5,089.63 - CCO#4 Additional Survey on Palmer Way 1 $ 840.00 $ 840.00 1 $ 840.00 - CCO#5 Lanoitan Survey 1 $ 945.00 $ 945.00 1 $ 945.00 - CCO#6 Soils Testing Charges 1 $ (2,156.00) $ (2,156.00) 1 - Sub Total Change Orders $ 8,211.40 $ 8,211.40 - FINAL ADD/DEDUCT (53,256.28) $ 564,343.40 $ 511,087.12 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED BY PALM ENGINEERING CONSTRUCTION COMPANY, INC., APPROVING THE FINAL CONTRACT AMOUNT OF $511,087.12, RATIFYING THE NOTICE OF COMPLETION FILED WITH THE COUNTY RECORDER ON JANUARY 31, 2013, AND AUTHORIZING THE RELEASE OF THE RETENTION IN THE AMOUNT OF $25,554.36 FOR THE CITY WIDE SAFE ROUTES TO SCHOOL, PHASE III PEDESTRIAN CROSSING ENHANCEMENT PROJECT BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Division of the Development Services Department that all work required to be done by Palm Engineering Construction Company, Inc., for the total final contract amount of $511,087.12, for the City Wide Safe Routes to School, Phase III Pedestrian Crossing Enhancement Project has been completed, the City Council of National City hereby accepts said work, ratifies the Notice of Completion filed with the County Recorder on January 31, 2013, and orders that payment for said work be made in accordance with said contract, including release of the retention in the amount of $25,554.36. PASSED and ADOPTED this 19th day of March, 2013. 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 19, 2013 AGENDA ITEM NO. B ITEM TITLE: A Resolution of the City Council of the City of National City accepting the work performed by Palm Engineering Construction Company, Inc. with the final amount of $179,935.21, authorizing the filing of the Notice of Completion with the County Recorder for the National City Drainage Improvements Project, and authorizing the release of the retention in the amount of $1,244.20. (Funded by CDBG and Gas Tax); PREPARED BY: Stephen Manganiello PHONE: 336-4382 DEPARTMENT: Development Services/ Engineering Division EXPLANATION: APPROVED BY: See attached 426 FINANCIAL STATEMENT: APPROVED: `�/I/% Finance ACCOUNT NO. APPROVED: MIS Retention is encumbered on Purchase Order No. 75725 and will be released upon Council approval. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: N/A, \TTACHMENTS: 1. Explanation 2. Notice of Completion 3. Final Contract Balance Sheet 4. Resolution EXPLANATION On March 20, 2012 per Resolution No. 2012-63, the City Council awarded a contract to Palm Engineering Construction Company, Inc. in the amount of $187,212.90 for the National City Drainage Improvements Project, Specification No. 11-07. During the course of construction, five City -initiated change orders were approved and added to the project as follows: 1) The installation of 60 lineal feet of concrete cover over a high pressure gas main on D Avenue, 2) The installation of an additional 40 lineal feet of concrete cover as mentioned in Change Order One 3) The removal and disposition of ACP, 4) Potholing at 4th Street and D Avenue, 5) Reconciliation all line item work actually performed and delivered to project $1,800.00 $1,200.00 $1,081.31 $2,948.53 $-14,307.53 Numerous line item changes for the base bid at 5th Street and D Avenue and for Additive Bid "A" at 5th Street and C Avenue resulted in additional line item changes amounting to $32,231.47; however, removal of Additive Bid "B" for 4th Street and D Avenue resulted in a line item reduction of $46,539.00. These line item changes total a reduction of $14,307.53, and are reflected in Change Order No. 5. The construction bid price of $187,212.90 was decreased by $7,277.69, due to Change Orders Nos. 1-5, for a final construction cost of $179,935.21. A final inspection was completed and after obtaining required final documents from the contractor, the project was eligible for a Notice of Completion. The attached "Final Contract Balance" document shows a breakdown of line items, change orders, and contract work days. Normally, 5% retention is withheld from each invoice, and the final payment of the 5% retention is made upon Council's approval to accept the work and ratify the filing of the Notice of Completion. On this project, there were two bid alternatives, one to perform the work with no street closures, and one to perform the work with street closures. The project was awarded using the bid alternative with no street closures, in order to reduce the costs. During construction, it was determined that it was necessary to close 5th Street and C Avenue, 5th Street and D Avenue and 4th Street and D Avenue for safe operations during construction for the public and for the contractor. Council approved these closures on May 1, 2012 by Resolution No. 2012-92. While the street closure was approved, no change to the contract amount was authorized. Palm Engineering Construction Company, Inc. incorrectly invoiced the City, using the higher price from the bid alternative with street closures. The error was corrected while preparing the Final Contract Balance Sheet. Therefore, the remaining balance on the Purchase Order is $1,244.20. As Palm Engineering Construction Company, Inc. has received some of the retention amount, the final retention of $1,244.20 shall be released upon Council's approval to accept the work and ratify the filing of the Notice of Completion. RECORDING REQUESTED BY WHEN RECORDED MAIL TO: CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4301 THE ORIGINAL OF THIS DOCUMENT WAS RECORDED ON MAR 12.2013 DOCUMENT NUMBER 2013-0157250 Ernest J. Dronenburg, Jr., COUNTY RECORDER SAN DIEGO COUNTY RECORDER'S OFFICE TIME: 9:48 AM NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on July 20, 2012, of: The National City Drainage Improvements Project, Specification No. 11-07 Work of improvement or portion of work of improvement under construction or alteration. 51h and D Street. 5th and C Street National City, CA Street address City State The undersigned owns the following interest or estate in said property: Nature of the interest or estate of owner (mortgagor, lessee, etc.) 91950 Zip Code Owner -in -Fee Said work of improvement was performed on the property pursuant to a contract with Palm Engineering Construction Company, Inc. Name of Original Contractor The following work and material were supplied: Laborer Groups, and Operators. Improvements made through gutter modifications, asphalt concrete, sign relocations and installations of pedestrian ramps, etc. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tenants, tenants in common,pr' ter owners Dated: March 6, 2013. on Morrison, Mayor City of National City, 1243 National City Blvd., National City, CA 01950-4301 I, the undersigned, say: I have read the foregoing Notice of Completion, and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on Marc, 2013, at National City, California. Signature: N MORRISON, MAYOR rroc u-m -1- DATE: PROJECT: TO: FINAL CONTRACT BALANCE March 6, 2013 Drainage Improvements Project, Specification No. 11-07 Palm Engineering Construction 7330 Opportunity Road, #3 San Diego, CA 92111 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: TOTAL CONTRACT TIME: DESCRIPTION: $187,212.90 May 9, 2012 July 20, 2012 (includes downtime due to multiple change orders, correctional work, clean-up, inspection, and document delays) 30 working days 20 working days 50 working days This Final Contract Balance reports final line item amounts and summarizes all change order to produce a final contract amount. Please see attached Contract Final Balance sheet. DISCUSSION: Change Orders and Line Item Adjustments -Change Orders Change Order #1 added potholing of utilities on D Street after it was determined that there was an existing high-pressure gas main at 5th Street that would not have enough concrete cover once the work was complete. This Change Order added 60 LF of concrete cover. The total increase in price this work was $1,800.00. Change Order #2 increased Change Order #1 by 40 LF after it was determined in the filed that it was necessary to do so. This Change Order added 40 LF of concrete cover at the same unit price as Change Order #1. The total increase in price this work was $1,200.00. -2- FINAL CONTRACT BALANCE National City Drainage Improvements Specification No. 11-07 Change Order #3 was for the removal and disposal of an abandoned asbestos concrete pipe (ACP) that was not shown as existing on the original plans. The total increase in price for this work was $1,081.31. Change Order #4 was for the potholing at the third phase of the project that was not included in the original contract line items and was not completed due to the lack of adequate funding. The total increase in price for this work was $2,948.53. Change Order #5 reconciled all the line item work actually performed and delivered to the project. Details are outlined below for the line item changes. The total decrease in price was (-14,307.53). Base Bid for 5th & D Streets: Line Item No. 4: "Excavation & Disposal of Unsuitable Subgrade and Replacement with CAB" was increased by 130 TONS for an increased cost amount of $7,800.00. Line Item No. 5: "Curb & Gutter (Modified G-2 including Transitions)" was increased by 147 LF for an increased cost amount of $4,410.00. Line Item No.8: "PCC Sidewalk (G-7)" was increased by 51 LF for an increased cost amount of $408.00. Line Item No. 10: "'3' Asphalt Grind" was increased by 2,453 SF for an increased cost of $5,641.90. Line Item No. 12: "Asphalt Concrete" was increased by 91.01 TONS for an increased. cost of $12,468.37. Additive Bid "A" for 5th & C Streets: Line Item No. 4: "Excavation & Disposal of Unsuitable Subgrade and Replacement with CAB" was increased by 5.47 TONS of "for an increased cost amount of $328.20. Line Item No. 5: "Curb & Gutter (Modified G-2 including Transitions)" was increased by 36.5 LF for an increased cost amount of $975.00. Line Item No.8: "PCC Sidewalk (G-7)" was increased by 25 LF for an increased cost amount of $200.00. CONTRACT ADJUSTMENT: As a result of the above change orders and line item adjustments, the contract price is adjusted as follows: 2 of4 FINAL CONTRACT BALANCE National City Drainage Improvements Specification No. 11-07 1. The final contract price to date is adjusted to $179,935.21. 2. As a result of the satisfactory completion of said project, a retention amount of $1,244.20 is set for invoice processing and payment upon the receipt of required signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Palm Engineering Construction will not be entitled to damages or additional payment for delays as described in the 2012 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. 3 of 4 CITY OF NATIONAL CITY National City Drainage Improvements Specification No. 11-07 FINAL CONTRACT BALANCE, ATTACHMENT "A" March 6, 2013 Original Contract To Date Delta -No. Item Unit Quantity Unit Price Amount Final Quantities Amount Base Bid for 5th & D Streets: 1 Mobilization/Demobilization LS 1 2,000.00 2,000.00 1.00 2,000.00 - 2 Traffic Control LS 1 2,500.00 2,500.00 1.00 2,500.00 - 3 Demolition, Excavation, and Disposal LS 1 2,000.00 2,000.00 1.00 2,000.00 - 4 Excavation & Disposal of Unsuitable Subgrade and Replacement with CAB TON 50 60.00 3,000.00 180.00 10,800.00 7,800.00 5 Curb & Gutter (Modified G-2 including Transitions) LF 204 30.00 6,120.00 351.00 10,530.00 4,410.00 6 Pedestrian Ramp (G-28) EA 4 2,000.00 8,000.00 4.00 8,000.00 - 7 Cross Gutter (G-12 modified with #4 rebar 24" O.C. each way) EA 2 4,500.00 9,000.00 2.00 9,000.00 - 8 PCC Sidewalk (G-7) SF 300 8.00 2,400.00 351.00 2,808.00 408.00 9 1.5" Asphalt Grind SF 97 2.00 194.00 97.00 194.00 - 10 3" Asphalt Grind SF 2,453 2.30 5,641.90 4,906.00 11,283.80 5,641.90 11 Crushed Aggregate Base TON 455 40.00 18,200.00 455.00 18,200.00 - 12 Asphalt Concrete TON 253 137.00 34,661.00 344.01 47,129.37 12,468.37 13 Sign Relocation EA 2 563.00 1,126.00 2.00 1,126.00 - 14 Replacement of Striping and Pavement Markings LS 1 1,250.00 1,250.00 1.00 1,250.00 - 15 Street Survey Monument (M-10) EA 1 200.00 200.00 1.00 200.00 - 16 Bonds LS 1 1,000.00 1,000.00 1.00 1,000.00 - Additive Bid "A" for 5th & C Streets: - 1 Mobilization/Demobilization LS 1 1,000.00 1,000.00 1.00 1,000.00 - 2 Traffic Control LS 1 1,500.00 1,500.00 1.00 1,500.00 - 3 Demolition, Excavation, and Disposal LS 1 1,500.00 1,500.00 1.00 1,500.00 - 4 Excavation & Disposal of Unsuitable Subgrade and Replacement with CAB TON 50 60.00 3,000.00 55.47 3,328.20 328.20 5 Curb & Gutter (Modified G-2 including Transitions) LF 64 30.00 1,920.00 96.50 2,895.00 975.00 6 Pedestrian Ramp (G-28) EA 2 2,000.00 4,000.00 2.00 4,000.00 - 7 Cross Gutter (G-12 modified with #4 rebar 24" O.C. each way) EA 1 4,500.00 4,500.00 1.00 4,500.00 - 8 PCC Sidewalk (G-7) SF 150 8.00 1,200.00 175.00 1,400.00 200.00 9 1.5" Asphalt Grind SF 135 2.20 297.00 135.00 297.00 - 10 Crushed Aggregate Base TON 155 50.00 7,750.00 155.00 7,750.00 - 11 Asphalt Concrete TON 85 165.00 14,025.00 85.00 14,025.00 - 12 Sign Relocation EA 2 563.00 1,126.00 2.00 1,126.00 - 13 Striping and Paving Markings LS 1 813.00 813.00 1.00 813.00 - 14 Bonds 1 750.00 750.00 1.00 750.00 - Addltive Bid "B" for 4th & D Streets: 1 Mobilization/Demobilization LS 1 1,500.00 1,500.00 - - (1,500.00) 2 Traffic Control LS 1 1,500.00 1,500.00 - - (1,500.00) 3 Demolition, Excavation, and Disposal LS 1 1,500.00 1,500.00 - - (1,500.00) 4 Excavation & Disposal of Unsuitable Subgrade and Replacement with CAB TON 50 60.00 3,000.00 - - (3,000.00) 5 Pedestrian Ramp (G-28) EA 4 2,000.00 8,000.00 - - (8,000.00) 6 Cross Gutter (G-12 modified with #4 rebar EA 2 4,500.00 9,000.00 - - (9,000.00) 7 PCC Sidewalk (G-7) SF 300 8.00 2,400.00 - - (2,400.00) 8 1" - 2" Asphalt Grind SF 937 3.00 2,811.00 - - (2,811.00) 9 Crushed Aggregate Base TON 50 60.00 3,000.00 - - (3,000.00) 10 Asphalt Concrete TON 50 190.00 9,500.00 - - (9,500.00) 11 Sign Relocation EA 4 410.00 1,640.00 - - (1,640.00) (1,688.00) 12 Striping and Paving Markings LS 1 1,688.00 1,688.00 - - 13 Bonds LS 1 1,000.00 1,000.00 - - (1,000.00) Original Contract Total 187,212.90 Change Orders 1 Install 60 LF of Concrete Cover LS 1 1,800.00 1,800.00 1.00 1,800.00 - 2 Install 40 LF of Concrete Cover LS 1 1,200.00 1,200.00 1.00 1,200.00 - 3 Remove and dispose of ACP LS 1 1,081.31 1,081.31 1.00 1,081.31 - 4 Potholing at 4thlD LS 1 2,948.53 2,948.53 1.00 2,948.53 - 5 Reconclling Line Item Adjustmetns LS 1 (14,307.53) 1.00 - (14,307.53) TOTALS: 194,242.74 179,935.21 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED BY PALM ENGINEERING CONSTRUCTION COMPANY, INC., APPROVING THE FINAL CONTRACT AMOUNT OF $179,935.21, RATIFYING THE NOTICE OF COMPLETION FILED WITH THE COUNTY RECORDER ON MARCH 12, 2013, AND AUTHORIZING THE RELEASE OF THE RETENTION IN THE AMOUNT OF $1,244.20 FOR THE NATIONAL CITY DRAINAGE IMPROVEMENTS PROJECT BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Division of the Development Services Department that all work required to be done by Palm Engineering Construction Company, Inc., for the total final contract amount of $179,935.21, for the National City Drainage Improvements Project has been completed, the City Council of National City hereby accepts said work, ratifies the Notice of Completion filed with the County Recorder on March 12, 2013, and orders that payment for said work be made in accordance with said contract, including release of the retention in the amount of $1,244.20. PASSED and ADOPTED this 19th day of March, 2013. 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 �EETING ITEM TITLE: Resolution of the City Council of the City of National City approving the Electrical Assessments for Civic Center Building (1243 National City Blvd) & Police Department (1200 National City Blvd) and transferring $65,200 plus 15% contingency for any unforeseen changes for a total of $74,980 from Civic Center Refurbishing undesignated fund balance to, account numbers 189-409-500-598-1178 (Civ Ctr Electrical) in the amount of $37,547 and 189-409-500-598-1181 (Police Department Electrical) in the amount of $37,433 PREPARED BY: Barby Tipton DEPARTMENT: Development Services / Engineering DATE: March 19, 2013 PHONE: 619-336-4583 EXPLANATION: See Attached APPROVED BY: 10? AGENDA ITEM NO. 9 FINANCIAL STATEMENT: APPROVED: (*(4‘,4Zizq rHilance ACCOUNT NO. APPROVED: MIS Funds are available in Civic Center Refurbishing undesignated fund balance, fund 189 to transfer to 189-409-500- 598-1178 (Civ Ctr Electrical) in the amount of $37,547 and 189-409-500-598-1181 (PD Electrical) in the amount of $37,433 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Cost Estimate 3. Resolution Explanation: Since the Civic Center and Police Department buildings were built, technology has forced the need for additional electrical capacity with the addition of computers, servers, additional cooling requirements, copiers, printers and the like, which were not anticipated at the time of construction. These additional demands on the electrical systems require more capacity than exists. Recently, the Council approved the Backup Air Conditioning Project for the Police Department computer room and the Chiller Project (Airside) Civic Center. During the project's construction, it was noted that the electrical system in the Police Department and Civic Center building are approaching maximum electrical capacity. Additionally, should there be a power failure at the Police Department the backup generator is not adequate to maintain electrical demand. As the above mentioned projects came to a close, the Engineering staff obtained the cost estimate (attached) for the evaluations of the buildings. With the need for more electrical capacity, it is necessary to evaluate the systems prior to adding electrical demands and before we can upgrade the electrical systems. The nature of the work conducted at the Police Department on a daily basis, including the need for an additional freezer to store evidence presents a sense of urgency Staff recommends that Council approve this Resolution. CITY OF NATIONAL CITY CITY HALL AND CITY POLICE DEPT ELECTRICAL SYSTEM ASSESSMENT PROJECT NAME: FIRM: DESCR: OVERHEAD. PROFIT RATE: MULTIPLIER: City Hall and City Police Department Electncal Assessment PROJECT W.O. NO., JOB NO: DIRECT: BUREAU COST NO.: 1.10 VERITAS NA ESTIMATE 18016.12 Client PM: BV PM DATE SURCONSULTANTS: Byron Wade (619) 244-3418 Bureau Yentas NA NA Matt Britten (858) 863-2005 Review and assessment of existing electrical systems for City Hall TBD 17-Jul-12 and the city Police Department and assessment report TABOR COSTS TASK NO. TASK DESCRIPTION A B C O E F G 1 J TOTAL HOURS COST % PROGRAM PROJECT ASSOC ASST ENGR CADS MGMT MGR MGR ENGR ENGR R TECH III ANALYST SUB 5150.00 9125.00 9100.00 150.00 $80.00 075.00 $75.00 CONSULTANTS 1.D TASK 1.0-PROJECT MANAGEMENT TASK TOTAL $500.00 Project Management and Adminislralion 4 4 $500.00 1% 0 $0.00 0% 0 $0.00 0% 0 $0.00 0% 2.0 TASK 2.0.ELECTRICAL SYSTEM ASSESSMENT TASK TOTAL $32,150.00 CityHall Faclll ry $32,650.00 0 $32,650.00 61% City Police Department Facility $31,500.00 0 $31,500.00 49% 0 $0.D0 0% 0 $0.00 0% TASK TOTAL $0.00 0 $0.00 0% o $0.00 0% 0 MOD 0% 0 $0.00 0% 0 $0.00 0% TASK TOTAL $0.00 0 $000 0% 0 $000 0% 0 $0.00 0% 0 $0.00 0% 0 $0.00 0% 0 $0.00 0% 0 $0.00 0% 0 $0.00 0% 0 $0.00 0% 0 $0.00 0% 0 $0.00 0% 0 $0 00 0% 0 $0,00 0% 0 $0.00 0% D E0.00 0% 0 $0.00 0% 0 $0.00 0% 0 $0.00 0% 0 $0.00 0% 0 $0.00 0% 0 $0.00 0% 0 $0.00 0% 0 $0.00 0% D $0.00 0% 0 $0.00 0% 0 $0.00 0% PROJECT LABOR TOTALS 0 4 0 0 0 0 0 0 0 $64,150.00 4 $64,650.00 100% PERCENTAGES 0.0% 100.0% D.0% 0.0% 0.0% 00% D.0% 0.0% 0.0% DIRECT COSTS 99.0 TASK DESCRIPTION UNITS DIRECT COST WIMARKUP % t Reproduction/Graphic Materials 200.00 220.00 40% 2 Deliveries and Federal Express 75.00 82.50 15% 3 Parking 0.00 0.00 0% 4 Mileage 200.00 220.00 40% 5 Review Fees 0.00 0.00 0% 6 Scanning 0.00 0.D0 0% 7 Electronic Media 2500 27.50 5% 8 Equipment Rental 0.00 0.DO 0% 9 Other 0.00 DAM 0% DIRECT COSTS TOTAL $500.00 550.00 100% TOTAL BUDGET I I $65,200.00 Electrical Assessmenl Budget Proposal.revi.ds BUREAU VERITAS NORTH AMERICA. INC. 10620 Treena St., Ste 200 San Diego, CA 92131 (858)451-6100 7:1712012 Pape 1011 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ELECTRICAL ASSESSMENTS FOR THE CIVIC CENTER BUILDING LOCATED AT 1243 NATIONAL CITY BOULEVARD AND THE POLICE DEPARTMENT LOCATED AT 1200 NATIONAL CITY BOULEVARD, AND AUTHORIZING THE TRANSFER OF $65,200, PLUS 15% CONTINGENCY FOR ANY UNFORESEEN CHANGES IN THE AMOUNT OF $9,780, FOR A TOTAL OF $74,980 FROM THE CIVIC CENTER REFURBISHING UNDESIGNATED FUND BALANCE TO THE CIVIC CENTER ELECTRICAL ACCOUNT IN THE AMOUNT OF $37,547 AND THE POLICE DEPARTMENT ELECTRICAL ACCOUNT IN THE AMOUNT OF $37,433 WHEREAS, since the Civic Center and Police Department buildings were built, technology has increased the need for additional electrical capacity with the addition of computers, servers, additional cooling requirements, copiers, printers, and the like, which were not anticipated at the time of construction; and WHEREAS, the additional demands on the electrical systems require more capacity than currently exists; and WHEREAS, Bureau Veritas NA performed an evaluation of the electrical systems, resulting in a cost estimate of $65,200 to upgrade of the systems to meet the City's current and future needs. The addition of a 15% contingency for any unforeseen changes in the amount of $9,780, has brought the total cost to $74,980; and WHEREAS, a transfer of funds in the amount of $74,980 from the Civic Center Refurbishing Undesignated Fund Balance is necessary for the upgrade: $37,547 to the Civic Center Electrical Account (189-409-500-598-1178), and $37,433 to the Police Department Electrical Account (189-409-500-598-1181). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Electrical Assessments for the Civic Center and Police Department in the total amount of $74,980. BE IT FURTHER RESOLVED that the City Council hereby authorizes the transfer of $65,200 plus 15% contingency in the amount of $9,780 for any unforeseen changes, for a total of $74,980 from the Civic Center Refurbishing Undesignated Fund Balance to the Civic Center Electrical Account (189-409-500-598-1178) in the amount of $37,547, and $37,433 to the Police Department Electrical Account (189-409-500-598-1181). PASSED and ADOPTED this 19th day of March, 2013. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT • ETING DATE: March 19, 2013 AGENDA ITEM NO. 10 ITEM TITLE: Resolution of the City Council of the City of National City waiving the bid process and authorizing the Mayor to execute a software maintenance agreement with Motorola Solutions Inc. for a not -to -exceed amount of $26,343 to support the Motorola Premier MDC software. PREPARED BY: Ron Williams DEPARTMENT: ve S= ices PHONE: 619-336-4373 APPROVED B EXPLANATION: Motorola Solutions Inc. provides software maintenance and suppo or the National City Police Department Mobile Data Computer (MDC) terminals. The Premier MDC software is a proprietary application utilized by Police Officers in the field to communicate with dispatchers via Mobile Data Computer terminals in police cars. Agreement is for one year of technical support of the Motorola Premier MDC software. It is requested that Council waive the formal bidding requirements as allowed in Chapter 2.60.220 of the Municipal Code, and award the maintenance contract to Motorola Solutions Inc. for the following reasons: 1. Motorola Solutions Inc. is the sole entity qualified to support the proprietary Premier MDC Software ip. No further purpose would be served by issuing a formal bid at this point in the process. FINANCIAL STATEMENT: APPROVED: 7461,`z Finance ACCOUNT NO. 629-403-082-281-0000 APPROVED: Rj" MIS ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A TTACHMENTS: IllEontract AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MOTOROLA SOLUTIONS, INC. THIS AGREEMENT is entered into as of this 1st day of April, 2013 and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Motorola Solutions, Inc., a "CONTRACTOR". RECITALS WHEREAS, the CITY desires to continue to employ a CONTRACTOR to provide Maintenance and support services for the CITY'S Premier MDC system used by CITY'S Police Department. WHEREAS, the CITY has determined that the CONTRACTOR is a software support business_ and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR, and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or its authorized subcontractors under the supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. (Software Support) . The CONTRACTOR will perform services as set forth in the attached Exhibits "A" through "D". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. Motorola Solutions, Inc. PSA MESA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 3. PROJECT COORDINATION AND SUPERVISION. Ron Williams hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Cindy Marvin thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The annual compensation due for all work is $26,343.00. An annual invoice will be processed for payment at the beginning of the term of the agreement and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. Price(s) are exclusive of any taxes, duties, export or customs fees, including Value Added Tax or any other similar assessments imposed upon Seller. If such charges are imposed upon Seller, Customer will reimburse Seller upon receipt of proper documentation of such assessments. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on 4/1/13. The duration of this Agreement is for the period of 4/1/13 through 3/31/14. The City has the option of renewing this Agreement for three additional one- year extensions. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. [intentionally omitted.] 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CON TRACTOR'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the Motorola Solutions, Inc. PSA M@SA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 CITY (except in the context of a major corporate reorganization but with notice). Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees, except as herein set forth, and the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONTRACTOR its agents, servants, and employees are as to the CITY wholly independent CONTRACTOR, and that the CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR and each of its SUBCONTRACTOR(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all Motorola Solutions, Inc. PSA MESA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY' S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. Except as otherwise may be required under the California Public Records Act, the CITY and CONTRACTOR may from time to time communicate to the other party certain confidential information that is conspicuously marked as confidential to enable the other party to effectively perform the services to be provided herein. The receiving party shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the disclosing party. The receiving party shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein (i.e., those on a "need to know" basis). The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the receiving party, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the receiving party without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the receiving party by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. The receiving party shall be liable to the disclosing party for any damages caused by breach of this condition, pursuant to the provisions of Section 14. Motorola Solutions, Inc. PSA Masa Extension Letter Version 5-25-12 7Z37 Church Ranch Blvd, Suite 406, Westminster, CO 80021 15. INDEMNIFICATION AND HOLD HARMLESS. CONTRACTOR will indemnify, defend, and hold CITY, its officers and employees harmless from any and all liability, expense, judgment, suit, cause of action, or demand for personal injury, death, or damage, reasonable attorney's fees and defense costs, which may accrue against CITY, its officers and employees to the extent it is arising out of or resulting from the negligence or wrongdoing of CONTRACTOR, its subcontractors, or their employees or agents, while performing their duties under this Agreement, provided that CITY gives CONTRACTOR prompt, written notice of any such claim or suit. CITY shall cooperate with CONTRACTOR in its defense or settlement of such claim or suit. This section sets forth the full extent of CONTRACTOR'S general indemnification of CITY, its officers and employees from liabilities that are in any way related to CONTRACTOR'S performance under this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. E If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall include the CITY and its officers, and employees as additional insureds By blanket endorsement. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering bodily injury and property damage arising out of its operations under this Agreement. The policy shall include the CITY and its officers, and employees as additional insureds, blanket endorsement. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a blanket waiver of subrogation in favor of the City. If CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. Motorola Solutions, Inc. PSA MftSA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers and employees. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY' S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. Upon execution of the Agreement, an Acord 25 form certificate of insurance shall be provided. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by negotiations with senior managers of each party and, if that is not successful within a reasonable time period, by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to litigation. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by negotiation or mediation shall be resolved by litigation in San Diego County, California, or if the parties then so agree, by binding arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall Motorola Solutions, Inc. PSA MESA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated upon thirty (30) days written notice by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. CONTRACTOR will have an opportunity upon receipt of such notice to cure the alleged default within the notice period. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR and that are promised deliverables under this Agreement, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: Motorola Solutions, Inc. PSA M&SA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 To CITY: To CONTRACTOR: Ron Williams IT Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 Cindy Marvin Motorola Solutions, Inc. 7237 Church Ranch Blvd., Suite 406 Westminster, CO 80021 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONTRACTOR. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. LIMITATION OF LIABILITY. Except for personal injury or death or damage to property, Motorola's total liability, whether for breach of contract, warranty, negligence, strict Motorola Solutions, Inc. PSA MESA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed $50,000. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. 25. WARRANTY. Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re -perform the non -conforming Service or to refund, on a pro-rata basis, the fees paid for the non -conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 26. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. [Intentionally omitted.] Motorola Solutions, Inc. PSA MBSA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. M. Force Majeure. Neither party will be liable for its non-performance or delayed performance if caused by an event, circumstance, or act of a third party that is beyond such party's reasonable control. Motorola Solutions, Inc. PSA MEtSA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney MOTOROLA SOLUTIONS, INC. (Corporation — signatures of two corporate officers) By: (Name) By: (Print) (Title) (Name) (Print) (Title) Motorola Solutions, Inc. PSA M&SA Extension Letter Version 5-25-12 7237 Church Ranch Blvd, Suite 406, Westminster, CO 80021 Exhibit A DESCRIPTION OF COVERED PRODUCTS MAINTENANCE AND SUPPORT AGREEMENT 262 TERM: 4/1113 — 3/31/14 CUSTOMER: National City Police Department Site Identification Numbers Product Premier MDCTM Site Id PSA0344_(PMDC) The following table lists the Products under maintenance coverage: Product Description Service Level Qty Term Fees Premier MDCTM Server Software License (21- 40 units) Client Software ((21-40 units) In -House Client Software Interface CAD to Standard Motorola API 24x7 1 36 1 1 TOTAL $26, 343.00 Motorola Solutions, Inc. PSA M&SA Exhibit A 2 Version 5-25-12 Exhibit B CUSTOMER SUPPORT PLAN MAINTENANCE AND SUPPORT AGREEMENT 262 TERM: 4/1/13 —3/31/14 CUSTOMER: National City Police Department DEFINITIONS "Equipment" means the physical hardware purchased by Customer from Seller pursuant to a separate System Agreement, Products Agreement, or other form of agreement. "Motorola Solutions Software" means Software that Motorola Solutions owns. The term includes Product Releases, Standard Releases, and Supplemental Releases. "Non -Motorola Solutions Software" means Software that a party other than Motorola Solutions owns. "Optional Technical Support Services" means fee -based technical support services that are not covered as part of the standard Technical Support Services. "Patch" means a specific change to the Software that does not require a Release. "Principal Period of Maintenance" or "PPM" means the specified days, and times during the days, that maintenance and support services will be provided under this Agreement. The PPM selected by Customer is indicated in the Support Plan Options and Pricing Worksheet. "Products" means the Equipment (if applicable as indicated in the Description of Covered Products) and Software provided by Seller. "Releases" means an Update or Upgrade to the Motorola Solutions Software and are characterized as "Supplemental Releases," "Standard Releases," or "Product Releases." A "Supplemental Release" is defined as a release of Motorola Solutions Software that contains primarily error corrections to an existing Standard Release and may contain limited improvements that do not affect the overall structure of the Motorola Solutions Software. Depending on Customer's specific configuration, a Supplemental Release might not be applicable. Supplemental Releases are identified by the third digit of the three -digit release number, shown here as underlined: "1.2.3". A "Standard Release" is defined as a release of Motorola Solutions Software that contains product enhancements and improvements, such as new databases, modifications to databases, or new servers. A Standard Release may involve file and database conversions, System configuration changes, hardware changes, additional training, on -site installation, and System downtime. Standard Releases are identified by the second digit of the three -digit release number, shown here as underlined: "1.2.3". A "Product Release" is defined as a release of Motorola Solutions Software considered to be the next generation of an existing product or a new product offering. Product Releases are identified by the first digit of the three -digit release number, shown here as underlined: "1.2.3". If a question arises as to whether a Product offering is a Standard Release or a Product Release, Motorola Solutions opinion will prevail, provided that Motorola Solutions treats the Product offering as a new Product or feature for its end user customers generally. "Residual Error" means a software malfunction or a programming, coding, or syntax error that causes the Software to fail to conform to the Specifications. "Services" means those maintenance and support services described in the Support Plan and provided under this Agreement. Motorola Solutions, Inc. PSA M&SA Exhibit B 3 Version 5-25-12 "Software" means the Motorola Solutions Software and Non -Motorola Solutions Software that is furnished with the System or Equipment. "Specifications" means the design, form, functionality, or performance requirements described in published descriptions of the Software, and if also applicable, in any modifications to the published specifications as expressly agreed to in writing by the parties. "Standard Business Day" means Monday through Friday, 8:00 a.m. to 5:00 p.m. local time, excluding established Motorola Solutions holidays. "Standard Business Hour" means a sixty (60) minute period of time within a Standard Business Day(s). "Start Date" means the date upon which this Agreement begins. "System" means the Products and services provided by Seller as a system as more fully described in the Technical and Implementation Documents attached as exhibits to a System Agreement between Customer and Seller (or Motorola Solutions). "Technical Support Services" means the remote telephonic support provided by Seller on a standard and centralized basis concerning the Products, including diagnostic services and troubleshooting to assist Customer in ascertaining the nature of a problem being experienced by the Customer, minor assistance concerning the use of the Software (including advising or assisting the Customer in attempting data/database recovery, database set up, client -server advice), and minor assistance or advice on installation of Releases provided under this Agreement. "Update" means a Supplemental Release or a Standard Release. "Upgrade" means a Product Release. SCOPE OF SERVICES 1. Seller will provide to Customer the Services as indicated in the Support Plan Options and Pricing Worksheet, and Services will apply only to the Products described in the Description of Covered Products. 2. This Agreement covers all copies of the specified Software listed in the Description of Covered Products that are licensed by Seller to Customer. If, during an annual maintenance and support period, Customer acquires additional units of the Software that is covered by this Agreement, the price for maintenance and support services for those additional units will be calculated and added to the total price either (1) if and when the annual maintenance and support period is renewed or (2) immediately when Customer acquires the additional units, as Motorola Solutions determines. Seller may adjust the price of the maintenance and support services effective as of a renewal if it provides to Customer notice of the price adjustment at least forty-five (45) days before the expiration of the annual maintenance and support period. 3. If Seller performs Services at the location of installed Products, Customer agrees to provide to Seller a non -hazardous environment for work with shelter, heat, light, and power, and with full and free access to the covered Products. Customer will provide all information pertaining to the hardware and software with which the Products are interfacing to enable Seller to perform its obligations under this Agreement. 4. All Customer requests for covered Services will be made initially with the call intake center identified in the Support Plan Options and Pricing Worksheet. 5. Seller will provide to Customer Technical Support Services and Releases as follows: 5.1. Seller will provide Technical Support Services and correction of Residual Errors during the PPM in accordance with the exhibits. The level of Technical Support depends upon the Customer's Motorola Solutions, Inc. PSA M&SA Exhibit B 4 Version 5-25-12 selection as indicated in the Support Plan Options and Pricing Worksheet. Any Technical Support Services that are performed by Seller outside the contracted PPM and any Residual Error corrections that are outside the scope will be billed at the then current hourly rates. Technical Support Services will be to investigate specifics about the functioning of covered Products to determine whether there is a defect in the Product and will not be used in lieu of training on the covered Products. 5.2 Unless the Support Plan Options and Pricing Worksheet expressly provides to the contrary, Seller will provide to Customer without additional license fees an available Supplemental or Standard Release after receipt of a request from Customer. In addition, Seller will provide to Customer, remote and/or onsite Services to implement Standard and Supplemental Releases as part of the Maintenance Services. The decision as to whether a Release will be implemented remotely or onsite will be at the Seller's sole discretion. In such instances when by Seller's determination implementation requires customization above standard implementation or when training is required in connection with a Supplemental or Standard Release, Seller will determine the fees associated with the customization or training and provide a quote for Services at the time of Customer request. Customer must pay for any necessary Equipment or third party Software associated with third party implementation provided by Seller in connection with such Supplemental or Standard Release. Seller will provide onsite resources to implement third party Equipment as a part of the Maintenance Services when the third party Equipment is purchased as a part of the requested Upgrade. Any Services will be performed in accordance with a mutually agreed schedule. This paragraph expressly excludes Product Release versions, such as Seller's Premier One Product, as stated in section 5.3 of this Agreement. Some upgrades will require additional fee based products, services or training as part of an Upgrade. 5.3. Seller will provide to Customer an available Product Release after receipt of a request from Customer, but Customer must pay for all additional license fees, any installation or other services, and any necessary Equipment provided by Seller in connection with such Product Release. Any services will be performed in accordance with a mutually agreed schedule. Seller's duty as described in this paragraph is contingent upon Customer's then -current installation at the time of Customer's request being within two (2) Standard Release versions of the new Standard Release available for general release. Any services will be performed in accordance with a mutually agreed schedule. 5.4. Seller does not warrant that a Release will meet Customer's particular requirement, operate in the combinations that Customer will select for use, be uninterrupted or error -free, be backward compatible, or that all errors will be corrected. Full compatibility of a Release with the capabilities and functions of earlier versions of the Software may not be technically feasible. If it is technically feasible, services to integrate these capabilities and functions to the updated or upgraded version of the Software may be purchased at Customer's request on a time and materials basis at Seller's then current rates for professional services. 5.5. Seller's responsibilities under this Agreement to provide Technical Support Services will be limited to the current Standard Release plus the two (2) prior Standard Releases (collectively referred to in this section as "Covered Standard Releases."). Notwithstanding the preceding sentence, Seller will provide Technical Support Services for a Severity Level 1 or 2 error concerning a Standard Release that precedes the Covered Standard Releases unless such error has been corrected by a Covered Standard Release (in which case Customer will install the Standard Release that fixes the reported error or terminate this Agreement as to the applicable Software). 6. The maintenance and support Services described in this Agreement are the only covered services. Unless Optional Technical Support Services are purchased, these Services specifically exclude and Seller will not be responsible for: 6.1. Any service work required due to incorrect or faulty operational conditions, including but not limited to Equipment not connected directly to an electric surge protector, or not properly maintained in accordance with the manufacturer's guidelines. Motorola Solutions, Inc. PSA M&SA Exhibit B 5 Version 5-25-12 6.2. The repair or replacement of Products or parts resulting from failure of the Customer's facilities, Customer's personal property and/or devices connected to the System (or interconnected to devices) whether or not installed by Seller's representatives. 6.3. The repair or replacement of Equipment that has become defective or damaged due to physical or chemical misuse or abuse, Customer's negligence, or from causes such as lightning, power surges, or liquids. 6.4. Any transmission medium, such as telephone lines, computer networks, or the worldwide web, or for Equipment malfunction caused by such transmission medium. 6.5. Accessories, custom or Special Products; modified units; or modified Software. 6.6. The repair or replacement of parts resulting from the tampering by persons unauthorized by Seller or the failure of the System due to extraordinary uses. 6.7. Operation and/or functionality of Customer's personal property, equipment, and/or peripherals and any application software not provided by Seller. 6.8. Services for any replacement of Products or parts directly related to the removal, relocation, or reinstallation of the System or any System component. 6.9. Services to diagnose technical issues caused by the installation of unauthorized components or misuse of the System. 6.10. Services to diagnose malfunctions or inoperability of the Software caused by changes, additions, enhancements, or modifications in the Customer's platform or in the Software. 6.11. Services to correct errors found to be caused by Customer -supplied data, machines, or operator failure. 6.12. Operational supplies, including but not limited to, printer paper, printer ribbons, toner, photographic paper, magnetic tapes and any supplies in addition to that delivered with the System; battery replacement for uninterruptible power supply (UPS); office furniture including chairs or workstations. 6.13. Third -party software unless specifically listed on the Description of Covered Products. 6.14. Support of any interface(s) beyond Seller -provided port or cable, or any services that are necessary because third party hardware, software or supplies fail to conform to the specifications concerning the Products. 6.15. Services related to customer's failure to back up its data or failure to use an UPS system to protect against power interruptions. 6.16. Any design consultation such as, but not limited to, configuration analysis, consultation with Customer's third -party provider(s), and System analysis for modifications or Upgrades or Updates which are not directly related to a Residual Error report. Motorola Solutions, Inc. PSA M&SA Exhibit B 6 Version 5-25-12 7. The Customer hereby agrees to: 7.1. Maintain any and all electrical and physical environments in accordance with the System manufacturer's specifications. 7.2. Provide standard industry precautions (e.g. back-up files) ensuring database security, per Seller's recommended backup procedures. 7.3. Ensure System accessibility, which includes physical access to buildings as well as remote electronic access. Remote access can be stipulated and scheduled with customer; however, remote access is required and will not be substituted with on -site visits if access is not allowed or available. 7.4. Appoint one or more qualified employees to perform System Administration duties, including acting as a primary point of contact to Seller's Customer Support organization for reporting and verifying problems, and performing System backup. At least one member of the System Administrators group must have completed Seller's End -User training and System Administrator training (if available). The combined skills of this System Administrators group includes proficiency with: the Products, the system platform upon which the Products operate, the operating system, database administration, network capabilities such as backing up, updating, adding, and deleting System and user information, and the client, server and stand alone personal computer hardware. The System Administrator will follow the Residual Error reporting process described herein and make all reasonable efforts to duplicate and verify problems and assign a Severity Level according to definitions provided herein. Customer agrees to use reasonable efforts to ensure that all problems are reported and verified by the System Administrator before reporting them to Seller. Customer will assist Seller in determining that errors are not the product of the operation of an external system, data links between system, or network administration issues. If a Severity Level 1 or 2 Residual Error occurs, any Customer representative may contact Seller's Customer Support Center by telephone, but the System Administrator must follow up with Seller's Customer Support as soon as practical thereafter. 8. In performing repairs under this Agreement, Seller may use parts that are not newly manufactured but which are warranted to be equivalent to new in performance. Parts replaced by Seller will become Seller's property. 9 If Customer replaces, upgrades, or modifies equipment, or replaces, upgrades, or modifies hardware or software that interfaces with the covered Products, Seller will have the right to adjust the price for the Services to the appropriate current price for the new configuration. 10 Customer agrees not to attempt or apply any update(s), alteration(s), or change(s) to the database software without the prior approval of the Seller. Motorola Solutions, Inc. PSA M&SA Exhibit B 7 Version 5-25-12 Exhibit B CUSTOMER SUPPORT PLAN MAINTENANCE AND SUPPORT AGREEMENT 262 TERM: 411/13 — 3/31/14 CUSTOMER: National City Police Department Introduction Welcome to Motorola Solutions Customer Support. We appreciate your business and look forward to serving your needs on your Public Safety Applications system. The Customer Support Plan is designed to provide Motorola Solutions customers the details necessary for understanding Motorola Solutions overall support processes and policies as a compliment to the Motorola Solutions Maintenance and Support Agreement. The Motorola Solutions Maintenance and Support Agreement is the legal and binding contractual terms for which services are provided under. Questions or concerns regarding your support plan can be directed to your Support Manager. Below are the topics outlined in this Customer Support Plan: 1. Service Offerings II. Accessing Customer Support III. Severity Levels and Case Management IV. Responsibilities V. Customer Call Flow VI. Contacts 1. Service Offerings Motorola Solutions Customer Support organization includes a staff of Support Analysts whom are managed by Motorola Solutions Customer Support Managers and are chartered with the direct front-line support of our customers. A Support Analyst is a system technologist responsible for providing direct or escalation support. A Support Analyst is sometimes referred to as a Customer Support Analyst ("CSA") or Technical Support Analyst ("TSA") or Technical Support Representative. Motorola Solutions Support Organization offers a multi -layered approach to a total service solution. Levels of support are defined as follows: Service Levels Level 0 Logging, dispatching and tracking service requests Level 1 Selected 1st call support, triage and resolution Level 2 Telephone and/or on -site support for normal technical requirements Level 3 High-level technical support prior to Engineering escalation Level 4 Engineering software code fixes and changes Motorola Solutions provides to customers on an active maintenance and support agreement defined services and Software Releases. Specific support definitions, offerings and customer responsibilities are detailed in section 3 of the main body of the maintenance and support agreement. Motorola Solutions, Inc. PSA M&SA Exhibit B 8 Version 5-25-12 !l. Accessing Customer Support The Motorola Solutions System Support Center Operations Motorola Solutions Public Safety Applications Technical Support personnel in cooperation with Motorola Solutions System Support Center ("SSC") provide the gateway to technical support for all of Motorola Solutions Public Safety Application systems. Accessing support through Motorola Solutions toll free 800 number, web ticketing or email ticketing ensures accurate case handling and tracking. The goal of the Support team and SSC is to make certain systems are restored and running at peak levels as quickly as possible. This is accomplished by obtaining accurate customer and problem details and by directing your requests to the right support team in a timely manner. The System Support Center offers total call management including: • Single point of contact for Motorola Solutions service requests • Logging, dispatching and tracking of service requests • System capabilities to identify pending cases and automatically escalate to management • Database and customer profile management • Standard reports with on -demand distribution • Case notification Motorola Solutions System Support Center operates 24 hours a day, 7 days a week, 365 days a year. That means you can call us anytime. Support Center personnel enter requests for service, technical assistance, or telephone messages into a database system. Every time you call us, we log information about your request into the tracking system so that the information is available for reference and analysis to better serve your future service needs. Another benefit of logging every service request is that Motorola Solutions and customers can track the progress from initial contact to final resolution. There are three options for accessing Support at Motorola Solutions: 1. Motorola Solutions System Support Center Toll Free Number 2. eCase Management through Motorola Solutions On -Line 3. Email Case Ticketing Option 1 - Call Motorola Solutions System Support Center Upon contact with the SSC personnel, you will provide the name and phone number for Customer contact and your agency and product specific Site Identification number. Providing a brief problem description will assist in defining the severity level and determine proper case routing to the appropriate Motorola Solutions technical support team member. A unique tracking number will be provided to your agency for future reference. Generally customers calling the toll -free 800 number will access Public Safety Applications technical support directly. For heavy call times or after hours the caller will be directed to Motorola Solutions System Support Call Center Operations. Once the logging process is complete customers are transferred directly to a Technical Support Analyst during Technical Support Operation Hours (6:00 a.m. to 6:00 p.m. Motorola Solutions, Inc. PSA M&SA Exhibit B 9 Version 5-25-12 Mountain Time, Monday to Friday). After support operation hours (6:00 p.m. to 6:00 a.m. Mountain Time, Weekends and Motorola Solutions Holidays) customers will be contacted within the contractually specified period of time by a Technical Support Analyst. Motorola Call Flow An auto notification is sent to the customer with the case number that was created. Response to these cases is \ within 2 hours. Customer Creates an eCase via j MOL or Email A case is / auto logged / in Clarify eCase \Prodess. Customer Icalls 800- 3239949 s this within business \ hours? / \:% Yes the customZs[\ Follow process to \ entitled to j --No-ry create a PO I service? i \ / Yes Product support RAAS 7/ Is this \� Open and refer to team? / �� issue? / existing Case / v,�/ / CAD, JAIL, MOBILE, LRMS, CSR Use the keyword list to determine customers case severity Is this a new issue? \/ Yes Create a tech support case. Provide customer their case number Open and refer to existing Case Yes Create a tech support case. Provide customer their case number i Use the ke rd list to determine cu omens case se rity Motorola Solutions, Inc. PSA M&SA Exhibit B 10 Version 5-25-12 Technical Staff CaII Flow An auto notification is sent to the customer with resolution information The Support Analyst works the issue making updates to the Clarify case. Is the issue escalated to an SR in Clearquest? No 1 The Support Analyst works the Clarify case to resolution. Support technician closes the Clarify case ♦ End customer)", process An auto notification is sent to the customer with an update Yes ► The Support Analyst logs the SR. An Engineer works the SR and makes updates to the Clarify case. The Engineer works the SR to resolution. iy Support technician closes the Clarify case after FRB and CrashTrack process. An auto notification is sent to the customer with an update An auto notification is sent to the customer with an update An auto notification is sent to the customer with an update Motorola Solutions, Inc. PSA M&SA Exhibit B 11 Version 5-25-12 CaII Flow After -Hours Is the customer entitled to service? Yes Product supported team? ollow process to createaPO Is —ARMS the customer Gold Level?/ CAD, PMDC, JAIL, LRMS, CSR Call the On -Call, Technical Support Analyst C '' End Process N i s the customer `-- catlmg RMS? And is itcornpletely inoperatle? Create a Clarify ease and submit it to the otopucr Clarify iQueue Yes Yes Call Support Manager and On- Call Technical Support Analyst Use the keyword list to determine customer's case severity Motorola Solutions, Inc. PSA M&SA Exhibit B 12 Version 5-25-12 How to Obtain Technical Support for Products Action / Response Step 1. Call the Motorola Solutions System Support Center 1-800-323-9949 Step 2. Select option 2 (Technical Support) Step 3. Select option 6 (Public Safety Applications) Step 4. Select product specific option Step 5. Provide Site Identification Number (See Exhibit A -Description of Covered Products for your agency's Site Identification Numbers) Step 6. Provide Your Information Caller Name Contact Phone Number Description of problem Severity of system problem determined at time of call Time available for call back Email address Step 7. Case Number Generated Caller will receive a Case number for tracking the service request. Check Status The caller may check the status of a Case at any time by calling the System Support Center at 1-800-323-9949 and following steps 2-4 above and providing the case number. Case Assignment The Customer Support Representative will determine a course of action and assign the Case to the appropriate group. Standard Response Time RESPONSE See Section III for Severity Level definitions Severity 1: 1 hour Severity 2: 3 business hours Severity 3: 6 business hours Severity 4: 2 business days Step 8. Notification of CASE All Activity Case Notifications are available for up to 4 persons. Notifications are sent via pager or email when any of the following events occur on a Case: Open, Assigned, Site Arrival, Deferred or Closure. To request case notifications, please contact your Support Manager. Notification of CASE Open/Close Activity Case Notifications are available for up to 4 persons. Notifications are sent via pager or email when any of the following events occur on a Case: Open or Closure. To request case notifications, please contact your Support Manager. Motorola Solutions, Inc. PSA M&SA Exhibit B 13 Version 5-25-12 Option 2 - Submit a ticket via eCase Management from Motorola Solutions On -Line Motorola Solutions On -Line eCase Management provides a fast, intuitive, and efficient interface for Technical Case Management that allows customers to open, update, and view the status of their cases on the web. Accessing the Technical Case Management web site Once you have set up your agency's Motorola Solutions On -Line Account, to access the site simply log onto Motorola Solutions at businessonline.motorola.com with your user ID and password, click on the Contact Us -4 Open Case, and select System Support Issue from the Issue Type drop -down. Primary Features of On -Line Technical Case Management Motorola Solutions customers have three main functions available through Motorola Solutions On - Line to manage their cases: A. Open new cases B. Search for existing cases and view details of the existing case C. Update existing cases by adding notes A. Open a New Case 1. Log into Motorola Solutions On -Line 2. Click on the "Case Mgmt" -* Open Case M©7'IOROLA SOLUTIONS Euying Centar Rrsocrce Certrr O'dcr Stares . LAy Ca is - Repo Centr Account Status Sett.ngs - Boma flop) 814 0501 Contact Motorola Sohdlau for your eu$tomer an owls. HOME 3. Then select the Reason Code = System Support Issue (and the page will automatically reload) Motorola Solutions, Inc. PSA M&SA Exhibit B 14 Version 5-25-12 Open Case Welcome to the Open Request Screen. From here, you may open a request which will be tracked and routed to the proper Motorola Employees. To permanently change your email address or phone number, you must go to the Motorola Membership Site Contact Hama PSA Customer Web1D Contact Phone 8008140601 Contact Enna* PT1728@MOTOROtASOLUTIfNNS,COM Reason: ; System Support Issue rru� System Support Please Specify Case Type: Please Specify Severity: Please Specify • system: Please Specify Desaiptiom Fill in the Case Title (description of request) and choose the applicable Site (which are listed alphabetically) 4. Choose case type Technical Support, Severity Level and Public Safety Applications System 5. Fill in a detailed description of your issue 6. Click "Create Case" Open Case Welcome to the Open Request Screen_ From here, you may open a request which will be tracked and routed to the proper Motorola Employees. To permanently change your email address or phone number, you must go to the Motorola Membership Site Contact Hamm PSA Customer WebID Contact Plume: 8008140601 Contact Emelt PT17281gMOTOROLASOLU11ONS,COM Reason:. System Support Issue rrii. System Support , Site Please Specify Case Type: Please Specify Please Specify SYstettc Please Specify Descrpti rc 7. eCase Management will give immediate confirmation of case number (new case numbers are 8 digits long) 8. The confirmation screen includes "expand all" and "collapse all" buttons for case notes Motorola Solutions, Inc. PSA M&SA Exhibit B 15 Version 5-25-12 B. Search for a Case 1. Log into Motorola Solutions On -Line 2. Click on the "Case Mgmt" 4 Search Case 3. Enter the exact case number or enter search criteria to find a range of tickets 4. Click "Got To" or "Search" MOTOR OLA SOWi7O S. Ruy'ing Center : Rc; ou« rt rtrr r. nmp Order S:a4s Lt'� Carts Repair Crntc r Arro rn; Statx Srhngs . ,.. I. IIOTOROLA SYSTEM SUPPORT l M ER (1013397730) 2211 GALYAI OR, ELGGIN, It Nome ROM 141-0601 Contact Motorola So utlon* for your customer cePe needb. HOME Srnrr'i PSACAistaner1 Cents Help Le Go Directly to Case Case Number: (Please enter the exact rase number.) Enter Search Criteria Case Number. Title: Type: All My Cases Condition: Open 0 01 Sep 2002 To 06 Mar 2012 II Motorola Solutions, Inc. PSA M&SA Exhibit B 16 Version 5-25-12 C. Add Notes to an Existing Case 1. You can also add notes after submitting your case, by clicking on the "Add Notes" button Lam CendiNom Open cijraM I' male TEST CUSTOMER Cae %imam NM Aael@ne4 Nana Type: Sedate kepee Lase Seume: Wa. News Nem: Test Test wean Canted Mane: B47726- W2 Conenet Beak teaoteisizonycest Nc Thin:TEST %elm Silo IU: NID 1120 *limn Shil No !. Test Site e5 an example nw 5geto m: R Cam Type: Naln.lk Management Expend/t olI pse,` Buttons ends 17.BULV04'. ass/alibi paaeSPanIY,BnW9-NtFMdleol� 1251Am4 SSI9PN "kxhnnd by 'goal Motorola Solutions On -Line Support Add Notes 1. Motorola Solutions does not recommend using this tool for opening Severity 1 or 2 cases. For any critical issues, customers should contact the System Support Center by calling 800-323-9949 and following the appropriate prompts. 2. The same guidelines would apply to updating cases with critical information. Any critical updates should be reported directly to Support at 800-323-9949. 3. When updating case notes, please provide contact information, which includes phone number, email, etc. 4. For questions on Motorola Solutions On -Line eCase Management or administrative support, please contact the Motorola Solutions Online Helpdesk at 800-814-0601. Motorola Solutions, Inc. PSA M&SA Exhibit B 17 Version 5-25-12 Requirements for effective usage: Browser: Internet Explorer 5.0 or greater Valid MOL user ID and Password Motorola On-line Flow eCase Process Is the customer entitled to service? Yes s the produc supported by Boulder or Salt Lake City? Boulder Assign the case to the "PSA Boulder Clarify Queue" No -Salt Lake City 77- Follow the 0-c process to create a PO Assign the Tech Support case to the "PSA Salt Lake City" Clarify Queue The case is ► assigned to the appropriate queue. An auto notification is sent to the owners of the queue. Motorola Solutions, Inc. PSA M&SA Exhibit B 18 Version 5-25-12 Option 3 - Submit a ticket via Email Case Management An alternative Customer Support tool is available for PSA customers. Along with the toll -free phone number and Motorola Solutions Online, customers can request technical support by email. For many customers who use their PDA as a means to open cases, email ticketing provides additional flexibility for initiating cases. To ensure proper case management and contractual response, email ticketing is only available for severity levels three and four. In order to properly process a ticket via email, the message must be formatted exactly as described below: Instructions are also located under "Resources" at: https://motonline.mot.com 1. Address your email to PSACASEta'�.motorolasolutions.com 2. Type PSA Service Request and a brief description of the system issue in the Subject line of the e-mail message. This will become the case title 3. Type Site ID = followed by the site identification number of the system location 4. Type Product Type= followed by the product family type. Choose from the following list: • CAD (OR FRIENDS OF CAD, such as AWW, ATM, AVL and UDT) • CSR (CUSTOMER SERVICE REQUEST) • INFOTRAK, LRMS • JAIL MANAGEMENT (OFFENDERTRAK) • MOBILE APPLICATIONS (PMDC, AIRMOBILE, TXMESSENGER) • NETRMS 5. Type Contact First Name = followed by your first name or the name of the person you would like support personnel to contact 6. Type Contact Last Name = followed by your last name or the name of the person you would like support personnel to contact. 7. Type Phone Number = followed by the area code and phone number where the contact person may be reached 8. Type Severity Level = followed by either severity level 3 or 4. All severity level one or two cases must be opened via the toll -free PSA customer support number 9. Type Problem Description = followed by a comprehensive description of the problem 10. Send the message to us. You will receive an email with your case number for future reference. If an email response is not received, or if you need to open a severity level one or two case, please contact the PSA customer support at 1 800-323-9949 for further assistance. SAMPLE Email Ticket Formatting: PSA Service Request NetRMS Reports Not Functioning Site ID number: PSA1234_(NetRMSJ (Clarify site identification number) Product type: NetRMS (Specific product such as LRMS, NetRMS, PremierMDC, etc.) Contact first name: John Contact last name: Doe Phone number: 303-123-4567 Severity level: Level 3 (Email ticketing is available for severity levels there and four only) Problem description: NetRMS does not allow for the creation of manual -case reports which is affecting the generation of daily reports (Include a comprehensive description of the problem) Motorola Solutions, Inc. PSA M&SA Exhibit B 19 Version 5-25-12 Ill. Severity Levels and Case Management Motorola Solutions services and response times are based on the severity levels of the error a customer is experiencing as defined below. This method of response allows Motorola Solutions to prioritize its resources for availability on our customer's more severe service needs. Severity level response time defines the actions that will be taken by Motorola Solutions Support team. Due to the urgency involved in some service cases, Motorola Solutions will make every reasonable effort to provide a temporary or work around solution. When a permanent solution is developed and certified through testing, it will be incorporated in to the applicable Supplemental and or Standard Release. 1 2 3 Total System Failure - occurs when the System is not functioning and there is no workaround; such as a Central Server is down or when the workflow of an entire agency is not functioning. This level is meant to represent a major issue that results in an unusable System, Subsystem, Product, or critical features. No work around or immediate solution is available. Critical Failure - Critical process failure occurs when a crucial element in the System that does not prohibit continuance of basic operations is not functioning and there is usually no suitable work- around. Note that this may not be applicable to intermittent problems. This level is meant to represent a moderate issue that limits a Customer's normal use of the System, Subsystem, Product or major non -critical features. 4 Non -Critical Failure - Non -Critical part or component failure occurs when a System component is not functioning, but the System is still useable for its intended purpose, or there is a reasonable workaround. This level is meant to represent a minor issue that does not preclude use of the System, Subsystem, Product, or critical features. Telephone conference within 1 Hour of initial voice notification Telephone conference within 3 Business Hours of initial voice notification during normal business hours Inconvenience - An inconvenience occurs when System causes a minor disruption in the way tasks are performed but does not stop workflow. This level is meant to represent very minor issues, such as cosmetic issues, documentation errors, general usage questions, and product or System Update requests. Telephone conference within 6 Business Hours of initial notification during normal business hours Telephone conference within 2 Standard Business Days of initial notification Incoming cases are automatically assigned an initial Severity Level of 3, unless otherwise indicated or determined at the time the case is logged. When escalation is required, Motorola Solutions adheres to strict policy dictated by the level of problem severity. Motorola Solutions, Inc. PSA M&SA Exhibit B 20 Version 5-25-12 Severity Level One Escalation Once an issue is escalated to Engineering, the following table is used as an Engineering resolution guideline for standard product problems. CRITICAL `/ ACTION RESPONSIBILITY 0 Hours Initial service request is placed. Support Analyst begins working Support Analyst on problem and verifies / determines severity level. 2 Hours If a resolution is not identified within this timeframe, SA escalates to the Customer Support Manager who assigns Support Analyst additional resources. Email notification to Director of Customer Support Manager Support and Director of System Integration. 4 Hours If a resolution is not identified within this timeframe, Customer Support Manager escalates to the Director of Customer Support Support Manager and Director of System Integration to assign additional Director of Customer Support resources. Email notification to Vice President of System Director of Systems Integration Integration and Vice President Customer Support. 8 Hours Support Manager If a resolution is not identified within this timeframe, Director of Director of Customer Support Customer Support escalates to Vice President of System Director of Systems Integration Integration, Vice President of Support, and account team. VP of System Integration VP of Customer Support 12 Hours If a resolution is not identified within this timeframe, Director of Senior Management Customer Support escalates to Vice President of System Support Integration, Vice President of Support, and account team, Operations Senior Vice President's of Operations, System Integration, Systems Integration Customer Support and Engineering. Engineering All Severity Level 1 problems will be transferred or dispatched immediately to the assigned Motorola Solutions technical support representative, to include notification to Motorola Solutions management 24x7. All other severity level problems logged after business hours will be dispatched the next business morning. 3.1 Reporting a Problem. Customer will assign an initial Severity Level for each error reported, either verbally or in writing, based upon the definitions listed above. Because of the urgency involved, Severity Level 1 or 2 problems must be reported verbally to the Motorola Solutions call incoming center. Motorola Solutions will notify the Customer if Motorola Solutions makes any changes in Severity Level (up or down) of any Customer -reported problem. 3.2 Motorola Solutions will use best efforts to provide Customer with a resolution for Severity 1 and Severity 2 issues within a reasonable time and in accordance with the assigned Severity Level when Customer allows timely access to the System and Motorola Solutions diagnostics indicate that a Residual Error is present in the Software. Should Customer report an error that Motorola Solutions cannot reproduce, Motorola Solutions may enable a detail error capture/logging process to monitor the System. If Motorola Solutions is unable to correct the reported Residual Error within a reasonable time, Motorola Solutions will escalate its procedure and assign such personnel or designee to correct such Residual Error promptly. Should Motorola Solutions, in its sole discretion, determine that such Residual Error is not present in its Release, Motorola Solutions will verify: (a) the Software operates in conformity to the System Specifications, (b) the Software is being used in a manner for which it was intended or designed, and (c) the Software is used only with approved hardware or software. 3.3 Error Correction Status Report. Motorola Solutions will provide verbal status reports on Severity Level 1 and 2 Residual Errors. Written status reports on outstanding Residual Errors will be provided to System Administrator on a monthly basis. Motorola Solutions, Inc. PSA M&SA Exhibit B 21 Version 5-25-12 IV. Key Responsibilities 4.1 Motorola Solutions Responsibilities 4.1.1 Support on Motorola Solutions Software. Motorola Solutions will provide any required software fixes in the form of either a "patch" or in a Supplemental (maintenance) Release. 4.1.2 Motorola Solutions Response. Motorola Solutions will provide telephone and on -site response to Central Site, defined as the Customer's primary data processing facility, and Remote Site, defined as any site outside the Central Site, as shown in Support Plan Options and Pricing Worksheet, 4.1.3 Remote Installation. At Customer's request, Motorola Solutions will provide remote installation advice or assistance for Updates. 4.1.4 Software Release Compatibility. At Customer's request, Motorola Solutions will provide: (a) current list of compatible hardware operating system releases, if applicable; and (b) a list of Motorola Solutions Software Supplemental or Standard Releases 4.1.5 Customer Notifications. Motorola Solutions will provide access to (a) Field Changes; (b) Customer Alert Bulletins; and (c) hardware and firmware updates, as released and if applicable. 4.1.6 On -Site Software Correction. Unless otherwise stated herein, all suspected Residual Errors will be investigated and corrected from Motorola Solutions facilities. Motorola Solutions will decide whether on -site correction of any Residual Error is required and will take appropriate action. 4.1.7 On -site Product Technical Support Services. Motorola Solutions will furnish labor and parts required due to normal wear to restore the Equipment to good operating condition. Customer will provide on -site hardware service or is responsible for purchasing on -going maintenance for 3rd party on -site hardware support. 4.1.8 PremierCAD HP NonStop S-Series Services: The PPM is 24 hours a day, 7 days a week. On -site response time is Continuous within two (2) hours for customers within 50 miles of an HP Service Availability Center. Includes on -site coverage for national holidays. High The PPM is 24 hours a day, 7 days a week. On -site response time is Availability . within four (4) hours_ Includes on -site coverage for national holidays. Enhanced ! The PPM is 8 a.m. — 5 p.m. Monday -Friday, excluding national Availability ! holidays. _On -site response time is next business dam Premier CAD HP NonStop Series hardware service plans coverage includes: • Perform corrective service during the PPM specified in the Plan. Log all service requests and furnish telephone and/or on-line diagnostic services from the Motorola Solutions' call intake center or the HP Nonstop Global Management Call Support Center (GMCSC) 24 hours per day, 7 days per week. Furnish all labor, parts, materials, and on -site service during the PPM as necessary to ensure HP NonStop Series hardware is operating in accordance with applicable published specifications. Replacement parts will be new or equivalent of new in performance. Replaced parts will become the property of HP. • Install any mandatory Field Change Order(s) required for the safety or proper operation of maintained HP NonStop Series hardware. • Assign an HP area Lead with rotational Customer Engineers based on geographical regions that will be responsible for providing service. • Provide unlimited level 0 support provided by Motorola Solutions System Support Center Motorola Solutions, Inc. PSA M&SA Exhibit B 22 Version 5-25-12 • Provide unlimited level 1, 2, and 3 technical telephone support provided by Motorola Solutions Technical Support Team • Escalation to Engineering for 4th level support as appropriate • Telephone and Remote VPN support • Software patches, bug fixes and Supplemental (maintenance) releases as described in the maintenance and support agreement terms • Repair or exchange of hardware component failures during the warranty term (as applicable) • Respond to customer's support requests timely. Response criteria are based on severity level as described in Section III of this document. 4.1.9 Decision Support System ("DSS") Products. (Applies to Motorola Solutions Premier CAD Software only). The CAD DSS products are supported on a consultative basis only with annual consultation hours not to exceed eight (8) hours. Any additional consultation will be invoiced on a time and material basis at Motorola Solutions then current rates for professional services 4.1.10 Principle Period of Maintenance. At Customer's request, Motorola Solutions will provide continuous effort to repair a reported problem beyond the PPM per the customer selected service level, provided Customer gives Motorola Solutions access to the Equipment before the end of the PPM, Motorola Solutions will extend a two (2) hour grace period beyond PPM at no charge. Following this grace period, any additional support will be invoiced on a time and material basis at Motorola Solutions then current rates for professional services. 4.1.11 Compliance to Local, County, State and/or Federal Mandated Changes. (Applies to Software and interfaces to those Products) Unless otherwise stated herein, compliance to local, county, state and/or federally mandated changes, including but not limited to IBR, UCR, NCIC and state interfaces are not part of the covered Services. 4.1.12 Anti -virus Software. At Customer's request, Motorola Solutions will make every reasonable effort to test and verify specific anti -virus, anti -worm, or anti -hacker patches against a replication of Customer's application. Motorola Solutions will respond to any reported problem as an escalated support call. 4.1.13 Account Reviews. Upon request, Motorola Solutions will provide annual account reviews to include (a) service history of site; (b) downtime analysis; and (c) service trend analysis. 4.1.14 Reports. Service history reports and notifications are available from the Motorola Solutions call tracking system. If you are interested in obtaining access to service history reports and ticketing notifications, inquire with your Technical Support Representative. 4.1.15 Annual System Performance Review and Report. Motorola Solutions will prepare the following reports to include. The following applies to Premier CAD & HP NonStop Software only: (a) System Analysis MEASURE: PEEK: VIEWSYS: EMSA/TMDS: File Sizing Evaluate disk and CPU load Evaluate memory availability and use Evaluate use and availability of PCBs Review logs for hardware reports Review file sizing on changeable files (b) Pathway Analysis Evaluate effectiveness of system configuration for current load Evaluate TCP/Server statistics Evaluate efficiency of server class maximum and minimum settings (c) Performance TMX Timings: Evaluate application response times Motorola Solutions, Inc. PSA M&SA Exhibit B 23 Version 5-25-12 Analysis The following applies to Motorola Solutions® Computer Aided Dispatch Software with on Stratus ftServer only: • Update Equipment drivers • Upload Equipment patches, hot fixes and firmware • Evaluate effectiveness of System configuration for current load based upon overall CPU Utilization Based on the Annual System Performance Review and Reports, Motorola Solutions Technical Support Analyst will review findings and recommend software or hardware changes to improve overall operations. 4.1.16 Maintenance Contract Administration. Motorola Solutions Maintenance Contracts Administration Department manages the maintenance agreement following the warranty term that may be included in the purchase of a Motorola Solutions system. Approximately four months prior to the expiration of the warranty period, the Motorola Solutions Contracts territory specialist will contact the customer to discuss the options available for their specific site. The terms of the agreement can be customized to your agency's budgetary requirements and cycle. Motorola Solutions offers various levels of support to meet an agency's requirements, for example: • Telephone, VPN support for software fixes • Varying hours of coverage • Third party vendor services • On -site services • Users Conference • Professional Services 4.2 Customer Responsibilities 4.2.1 Initiate Service Request Cases. Contact Motorola Solution through authorized tools and processes outlined in the Motorola Maintenance and Support agreement Exhibit B to initiate technical support request case. 4.2.2 Assess Severity Level. Assist in assessing the correct severity level per the severity level definitions found in Motorola Maintenance and Support Agreement Exhibit B. 4.2.3 Escalate Appropriately. Contact Motorola Solutions to add information or make changes to existing technical support cases, or escalate service requests to Motorola management. Motorola Services management contact information provided in the Motorola Solutions Maintenance and Support Agreement Exhibit B. 4.2.4 Support on Hardware. Customer will provide all on -site hardware service or is responsible for purchasing on -going maintenance for 3`d party on -site hardware support. Third party support on some system components may be available through Motorola Solutions maintenance and support agreement. Customer will contact the appropriate vendor directly for parts and hardware service if not purchased through Motorola Solutions maintenance and support agreement. 4.2.5 VPN connectivity. Provide VPN connectivity and telephone access to Motorola Solutions personnel. 4.2.6 Anti -virus software. Run installed anti -virus software. 4.2.7 Operating System ("OS") Upgrades. Unless otherwise stated herein, Customer is responsible for any OS upgrades to the System. Before installing OS upgrades, Customer will contact Motorola Solutions to verify that a given OS upgrade is appropriate. Motorola Solutions, Inc. PSA M&SA Exhibit B 24 Version 5-25-12 4.2.8 Trouble Report Form To better assist us in gathering details for analyzing and repairing your system errors, Motorola Solutions has created the Trouble Report Form (page 21). Completion of this form by the customer is voluntary. The Trouble Report form helps Motorola Solutions Technical Support reduce errors by increasing the understanding of the problem description definition. It may also improve repair time by understanding the probability of repeat errors. Additionally, should escalation to Motorola Solutions Engineering team be required, information gathered on this form will aid by potentially avoiding the wait associated with error reoccurrence. Information customers provide on the Trouble Report form will assist Motorola Solutions Support team expedite the troubleshooting process. Your assistance in providing the information is appreciated. Once you complete the form, please e-mail or fax this form to the Technical Support Representative assigned to work on the issue reported. Motorola Solutions, Inc. PSA M&SA Exhibit B 25 Version 5-25-12 Trouble Report Form Agency Name: Contact Name: Contact Phone: Severity Level: Subject: ProductNersion: Problem Description: Steps to Duplicate: Step One: Step Two: Step Three: Step Four: Step Five: Step Six: Step Seven: Additional Steps: Expected Results: Actual Results: Configuration Checked: Motorola Solutions Case Number: E-mail Address: Contact Fax: CAD Correction#: Please ensure that the description provided is as detailed as possible. By including accurate details, Motorola Solutions opportunity to resolve the issue promptly and successfully increases: Please be sensitive to the use of verbiage that is specific to your agency or area of the country. Full understanding of the facts on a reported issue increases Motorola Solutions probability of locating a root cause and achieving a timely resolution. Motorola Solutions understands that duplication is not always easy. However, if you are able to duplicate the issue, providing us with the detailed keystrokes will greatly improve our ability to correct the issue in question. When unable' to dupticatethe issue on demand, providing us with detailed steps that preceded the issue reported will greatly help. Motorola Solutions, Inc. PSA M&SA Exhibit B 26 Version 5-25-12 V. Customer Call Flow To Be Provided By Customer VI. Contact Information Motorola Solutions Contacts CONTACT Motorola Solutions System Support Center PHONE NUMBER (800) 393-9949 Mike Burpoe Director, Customer Support MVW436@motorolasolutions.com (303) 527-4010 Phillip Askey Tier 2 - Technical Support Manager P.Askey@motorolasolutions.com (720) 565-4764 David Harris Tier 1 - Technical Support Manager DavidHarris@motorolasolutions.com (303) 527-4025 Wayne Parent Technical Support Lead — Records Applications Wayne.Parent@motorolasolutions.com (801) 230-7032 Shelley Rhoads Customer Support Business Operations Manager srhoads@motorolasolutions.com (951) 245-7416 Customer Contacts (to be provided by Customer Customer Agency Name: Address: City, State and Zip: Billing Contact Name: Phone No: Fax No: Email: Backup System Administrator Name: Phone No: Fax No: Email: Service Escalations Contact Name: Title: Phone No: Email: Motorola Solutions, Inc. PSA M&SA Exhibit B 27 Version 5-25-12 Exhibit C SUPPORT PLAN OPTIONS AND PRICING WORKSHEET Maintenance and Support Agreement # 262 Term Length 12 Months Term Start Date 4/1/13 Term End Date 3/31/14 CUSTOMER AGENCY National City Police Department Address 1200 National City Blvd. City, State, Zip National City, CA 91950 Contact Name Tony Abruscato Contact Title Telephone Number (619) 336-4509 Email Address .TonyAbruscato@nationalcityca.gov BILLING AGENCY National City Police Department Address 1200 National City Blvd. City, State, Zip National City, CA 91950 Contact Name Tony Abruscato Telephone Number (619) 336-4509 Email Address TonyAbruscato@nationalcityca.gov y,��F stNk j�f'.jr..,$� Forsuppot'tattyl pdateson du it OI , co tMotL �n n SK§ .2:i i/�Ill� b # i � �. y�«aa„/� i ` )}rn i.. 'f Yf+.'�`h'`l%''...s^.'n .0 �X 6 P K�ias$s6 (t P �°' I e ac � s` sy '� `a `" S= t• -. �'e r1 O}P "l4 c (�w� t ?uY ,Y!�{Py",_.Fe^w'�..2•Y" , F.r.,c'iL s t"'_: ��k < � a, r� ?� „ a �,`T. x � � � �' `r p't" c` ,•; 'r s "4 r3 e lee' MOTOROLA SOLUTIONS SERVICES TERM FEES y STANDARD SUPPORT SERVICES $ 26,343.00 1 Customer Support Plan $ Included 2 Case Management 24X7 $ Included 3 Technical Support Monday through Friday 8:00 a.m. to 5:00 p.m. Customer local time $ Included 4 Third -party Vendor Coordination $ Included 5 On -site Support (when applicable) $ Included 6 System Audit for PremierCAD HP NonStop $ Included 7 SW Releases: Standard & Supplemental $ Included 8 Access to Users Group Site $ Included 0 SUPPLEMENTAL SERVICE OPTIONS Service Descriptions Available Upon Request 1 24x7 Technical Support Svcs $ Included 2 Time and Materials $ 3 Professional Services Training $ 4 Professional Services Upgrades $ 5 Preventive Maintenance $ 6 Users Conference Advance Purchase $ 7 On -site Support (Dedicated Resource) $ 8 GeoFile Services $ MOTOROLA SOLUTIONS TOTAL FEES $ 26,343.00 USERS CONFERENCE ATTENDANCE ADVANCE PURCHASE DETAILS 2013 Number Attendees 0 Roundtrip travel for event (booked by Motorola Solutions) Rental car (booked by Motorola Solutions) ❑ Users Conference Attendance ($2,650 per Attendee) Year • Registration fee • • Hotel accommodations (booked by Motorola Solutions) • • Daily meal allowance determined b Motorola Solutionsuidelines) $`j{ 'y yp dm y; , t {� "3. t+ es""Y yt fs tI i�.ktk.Pii 'rebored by: Cindy Marvin, 303-818-3313, CindyMarnin@MotorolaSo/utions.com Motorola Solutions, Inc. PSA M&SA Exhibit C 28 Version 5-25-12 Exhibit D LABOR RATES MAINTENANCE AND SUPPORT AGREEMENT 262 TERM: 4/1/13 — 3/31/14 CUSTOMER: National Citv Police Department The following are Motorola Solutions' current billable rates, subject to an annual change. The following rates apply to Customers with a current, active Maintenance and Support Agreement. Billable rates apply to services provided outside of the PPM. SERVICE HOURS 8 a.m.-5 p.m. M-F (local time) LABOR RATES $186 per hour, 2 hours minimum After 5 p.m., Saturday, Sunday, Motorola Solutions Holidays $279 per hour, 2 hours minimum The following rates apply to Customers without a current, active Maintenance and Support Agreement. SERVICE HOURS 8 a.m.-5 p.m. M-F (local time) LABOR RATES $372 per hour, 2 hours minimum After 5 p.m., Saturday, Sunday, Motorola Solutions Holidays $558 per hour, 2 hours minimum Above rates reflect labor rate only. Additional fees for on -site travel expenses, third party expenses and /or materials will be quoted at the time of customer request for services. Motorola Solutions, Inc. PSA M&SA Exhibit D 29 Version 5-25-12 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ANNUAL SOFTWARE MAINTENANCE AGREEMENT WITH MOTOROLA SOLUTIONS, INC., IN THE NOT TO EXCEED AMOUNT OF $26,343 TO SUPPORT THE MOTOROLA PREMIER MOBILE DATA COMPUTER SOFTWARE WHEREAS, the City desires to employ a consultant to provide software maintenance and support for the National City Police Department's Mobile Data Computer ("MDC") terminals; and WHEREAS, Motorola Solutions, Inc., currently provides software maintenance and support for the National City Police Department's Mobile Data Computer ("MDC") terminals; and WHEREAS, the Premier MDC software is a proprietary application utilized by police officers in the field to communicate with dispatchers via Mobile Data Computer terminals in police vehicles; and WHEREAS, due to the proprietary nature of the Premier MDC software, Motorola Solutions, Inc. ("Motorola"), is the sole entity qualified to provide on -going software maintenance and support; and WHEREAS, it is requested that Council waive the formal bidding requirements as allowed by National City Municipal Code Section 2.60.220 (B), which states that the City may dispense with the formal bid process when City Council determines that there is only one source from which a particular commodity is available and there is no adequate substitute. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby waives the formal bidding requirements and authorizes the Mayor to execute an Agreement with Motorola Solutions, Inc., in the not to exceed amount of $26,343, to provide software maintenance and support for the National City Police Department's Mobile Data Computer ("MDC") terminals. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of March, 2013. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 19, 2013 AGENDA ITEM NO.11 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement for Legal Services between the City and Daley & Heft, LLP, to increase the hourly compensation rate PREPARED BY: Claudia Gacitua Silva DEPARTMENT: Ci PHONE: Ext. 4222 APPROVED BY: EXPLANATION: The City and the law firm of Daley & Heft, LLP, entered into an Agreement on September 27, 2006, wherein the firm agreed to assist in representing the City in connection with General Liability Litigation. The compensation has not increased since 2006. The compensation will be increasing by $5 per hour for paralegals and law clerks for a total of $90 per hour, $20 per hour for general civil litigation attorneys for a total of $175 per hour, and $10 per hour for a total of $210 per hour for specialty litigation (e.g., environmental) attorneys. FINANCIAL STATEMENT: APPROVED: _'_ ACCOUNT NO. APPROVED: Funds are budgeted in Account No. 627-407-000-432. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt proposed resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 2006 Agreement for Legal Services First Amendment to the Agreement with Daley & Heft for Legal Services Proposed resolution AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT FOR LEGAL SERVICES (the "Agreement") is made between THE CITY OF NATIONAL CITY, a municipal corporation (the "City") and DALEY & HEFT, LLP (the "Firm"). This Agreement sets forth the parties' mutual understanding concerning le_x1 services to be provided •by the Firm and the fee arrangement for said services. Article 1. Retainer. The City hereby retains the Firm to assist in representing the City in connection with General Liability Litigation, subject to this Agreement. Article 2. Scope of Services. The City shall have the right in its sole discretion to determine the particular services to be performed by the Firm under this Agreement. It is expected that the Firm will work with the City Attorney and City staff. Article 3. Compensation. Compensation paid under this Agreement shall be as shown on the attached Exhibit "A". A. The Firm shall not use more than one attorney for the same specific task without the City's approval. The Firm may use the minimum number of attorneys for this engagement consistent with good professional practice after consulting with and obtaining approval by the City. B. The Firm shall keep the City advised monthly as to the level of attorney hours and client services performed under Article 1. The Firm will not charge the City for travel time; however, the Firm may charge for work performed for the City during any travel time. C. The City further agrees to reimburse the Firm, in accordance with the procedures set forth in this Article, for telephone, fax, mail, messengers, federal express deliveries, document reproduction, client -requested clerical overtime, lodging, and similar out-of-pocket expenses charged by the Firm as a standard practice to its clients generally, with the exception of travel and meals. In any billing for disbursements, the Firm shall provide the City with a statement breaking down the amounts by category of expense. The following items shall not be reimbursed, unless the City has specifically agreed otherwise: (1) Word Processing, clerical or secretarial charges, whether expressed as a dollar disbursement or time charge. (2) Storage of open or closed files, rent, electricity, local telephone, postage, receipts or transmission of telecopier documents, or any other items traditionally associated with overhead. (3) Photocopy charges in excess of $.10 (ten cents) per page. (4) Auto mileage rates in excess of the rate approved by the Internal Revenue Service for income tax purposes. (5) Secretarial overtime. Where case requirements demand overtime, the City will consider reimbursement on a case -by -case basis. The City will not reimburse overtime incurred for the convenience of the Firm's failure to meet deadlines known in advance. (6) Equipment, books, periodicals, research materials, Westlaw/Lexis or like items. -1- (7) Express charges, overnight mail charges, messenger services or the like, without the City's prior consent. The City expects these expenses to be incurred in emergency situations only. Where case necessity requires the use of these services, the City will consider reimbursement on a case -by -case basis. (8) Travel and meals. (9) Late payment charge and/or interest. Due to the nature of the City's payment process, the City will not pay any late charges or interest charges to bills. Every effort will be made to pay bills promptly. D. Bills from the Firm should be submitted to George Eiser, City Attorney, 1243 National City Boulevard, National City, CA 91950-4301. The individual time and disbursement records customarily maintained by the Firm for billing evaluation and review purposes shall be made available to the City in support of bills rendered by the Firm. E. The Finn agrees to forward to the City a statement of account for each one -month period of services under this Agreement, and the .City agrees to compensate the Firm on this basis, F. Billing Format. Each billing entry must be complete, discrete and appropriate. (1) Complete (a) Each entry must name the person or persons involved. For instance, telephone calls must include the names of all participants. (b) The date the work was performed must be included. (c) The hours should be billed in .10 hour increments. (d) The specific task performed should be described, and the related work product should be reference ("telephone call re: trial brief," "interview in preparation for deposition"). (e) The biller's professional capacity (partner, associate, paralegal, etc.) should be included (2) Discrete: Each task must be set out as a discrete billing entry; neither narrative nor block billing is acceptable. (3) Appropriate (a) The City does not pay for clerical support, administrative costs, overhead costs, outside expenses or excessive expenses. For example, the City will not pay for secretarial time, word processing time, air conditioning, rental of equipment, including computers, meals served at meetings, postage, online research, or the overhead costs of sending or receiving faxes. Neither will the City pay for outside expenses such as messenger delivery fees, outside photocopying, videotaping of depositions, investigative services, outside computer litigation support services, or overnight mail. (b) Due tothe nature of the City's payment process, the City will not pay any late charges. Every effort will be made to pay bills promptly, G. Staffing. Every legal matter should have a primarily responsible attorney and a paralegal assigned. Ultimately, staffing is a City decision, and the City's representative may review staffing to insure that it is optimal to achieve the goals of the engagement at the least cost. -2- (1) Paralegals are to be used to the maximum extent possible to enhance S' . efficiency and cost-effectiveness, (2) Once an attorney is given primary responsibility for an engagement, that person should continue on the legal matter until the matter is concluded or the attorney leaves the firm. The City will not pay the costs of bringing a new attorney up to speed. (3) If more than one attorney is going to perform the same task, prior approval from the City must be had. This includes document review. Article 4. Independent Contractor. The Firm shall perform services as an independent contractor. It is understood that this contract is for unique professional services. Accordingly, the duties specified in this Agreement may not be assigned or delegated by the Firm without prior written consent of the City. Retention of the Firm is based on the particular professional expertise of the individuals rendering the services required in the Scope of Services. Article 5. Confidentiality of Work. All work performed by the Firm including but not limited to all drafts, data, correspondence, proposals, reports, and estimates compiled or composed by the Firm pursuant to this Agreement is for the sole use of the City. All such work product shall be confidential and not released to any third partywithout the prior written consent of the City. Article 6. Compliance with Controlling Law. The ,Firm shall comply with all applicable laws, ordinances, regulations, and policies of the federal, state, and local governments as they pertain to this Agreement. In addition, the Firm shall comply immediately with any and all directives issued by the City or its authorized representatives under authority of any laws statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement. Article 7. Acceptability of Work. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the Firm and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the Finn in this Agreement, the City or the Firm shall give to the other written notice. Within ten (10) business days, the Firm and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the Firm. Article 8. Indemnification. The Firm agrees to indemnify and hold the City and its agents, officers, and employees harmless from and against all claims asserted or liability established for damages or injuries to any person or property, including injury to the Firm's employees, agents, or officers, which arise from or are connected with or caused or claimed to be caused by the acts or omissions of the Firm and its agents, officers, or employees in performing the work or other obligations under this Agreement, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not - 3 - include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. Article 9. Insurance. The Firm shall not commence work under this Agreement until it has obtained all insurance required in this Article with a company or companies acceptable to the City. At its sole cost and expense, the Firm shall take and maintain in full force and effect at all times during the term of this Agreement the following policies of insurance: A. Commercial general liability insurance with a combined single limit of not less than one million dollars ($1,000,000). B. For all of the Firm's employees which are subject to this Agreement, to the extent required by the State of California, Workers' Compensation Insurance in the amount required by law. C. Errors and omissions insurance in an amount not less than two million dollars ($2,000,000) per claim. D. All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California. The policies carried pursuant to paragraph 9.A above shall name as additional insureds the City and its elected officials, officers, employees, agents, and representatives. All policies shall contain language, to the extent obtainable, to the effect that: (1) the insurer waives the right of subrogation against the City and its elected officials, officers, employees, agents, and representatives; (2) the policies are primary and not contributing with any insurance that may be carried by the City; (3) the policies cannot be cancelled or materially changed except after thirty (30) days' notice by the insurer to the City by certified mail. Before this Agreement shall take effect, the Firm shall furnish the City with copies of all such policies upon receipt of them, or a certificate evidencing such insurance. The Firm may effect for its own account insurance not required under this Agreement. Article 10. Non -Discrimination Provisions. The Firm shall not discriminate against any subcontractor, vendor, employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The Finn will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Firm agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the City setting forth the provisions of this non-discrimination clause. Article 11. Effective Date and Term. This Agreement shall be effective upon execution by the Firm and City and continue until written notice of cancellation, This Agreement may be terminated at any time by either party with sixty (60) days' written notice to the other. Notice of termination by the Firm shall be given to the City Attorney. -4- Article 12. Notification of Change in Form. The Firm has the right to effect changes in form including but not limited to: the change in form from a partnership to a professional law corporation; the change in form of any partner or partners from an individual or individuals to a professional law corporation; the change in form of any corporate partner or partners to any individual partners. The City shall be promptly notified in writing of any change in form. Article 13. Notices. In all cases where written notice is to be given under this Agreement, service shall be deemed sufficient if said notice is deposited in the United States mail, postage paid. When so given, such notice shall be effective from the date of mailing of the notice. Unless otherwise provided by notice in writing from the respective parties, notice to the Agency shall be addressed to: George H. Eiser, III City Attorney City of National City 1243 National City Boulevard National City, CA 91950 Notice to the Firm shall be addressed to: Robert R. Heft, Esq. Daley & Heft 482 Stevens Avenue, Suite 201 Solana Beach, CA 92075 Nothing contained in this Agreement shall preclude or render inoperative service or such notice in the manner provided by law. Article 14. Headings. All article headings are for convenience only and shall not affect the construction or interpretation of this Agreement. Article 15. Miscellaneous Provisions. A. Time of Essence: Time is of the essence for each provision of this Agreement. B. California Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of California. The Firm covenants and agrees to submit to the personal jurisdiction of any state court in the State of California for any dispute, claim, or matter arising out of or related to this Agreement. C. Integrated Agreement: This Agreement including attachments and/or exhibits contains all of the agreements of the parties and all prior negotiations and agreements are merged in this Agreement. This Agreement cannot be amended or modified except by written agreement, and mutually agreed upon by the City and the Firm. D. Severability: The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. - 5 - D. Severability: The uuenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions unenforceable, invalid, or illegal. E. Waiver: The failure of the City to enforce a particular condition or provision of this Agreement shall not constitute a waiver of that condition or provision or its enforceability. F. Conflict of Interest: During the term of this Agreement, the Firm shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City. This prohibition shall not preclude the City from expressly agreeing to a waiver of a potential conflict of interest under certain circumstances. G. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. H. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, and (iii) 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 have executed this Agreement on the ps-% day of , 2006. CITY OF NATIONAL CITY DALEY & HEFT, LLP (Corporation— segnatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: ,gag, By: ��9�� 1� t George . Eiser, III City Attorney Title: Pi771/E, By: Title: -6- DENNIS W. DALEY f ROBERT R. HEFT NEAL S. MRYERS RICHARD J. SCHNEIDER ROBBRT W. BROCKMAN , JR. MITCHELL D. DEAN DAVID P. BERMAN SCOTT NOYA • ROBERT H. QUAYLE IV SYLVIE P. SNYDER SCOTT E. PATTERSON GOLNAR J. FOZI LEE H. ROISTACHER ANDREW K. RA UCH MATTHEW E. BENNETT SAMUEL C. GAZZO tt ANNE M, PERATOO CHRISTINE J. GRACCO CARRIE L. MITCHELL SHIVA ELIHU WENTZELEE BOTHA JEFFREY T. ORRELL CRAIG A. BEALER DALEY & HEFT LLP ATTORNEYS AT LAW 462 STEVENS AVE. SUITE 201 SOLANA BEACH, CALIFORNIA 92075.2099 TELEPHONE (858) 755-5666 FAX (858) 755-7870 WWW.DALEY-HEFT.COM FEE SCHED 3I,E September 2006 JAMES D, MATHISON tt WILLIAM D. BROWN RON J. BEVERIDGE OF COUNSEL Current hourly rates are as follows: Attorneys: $155.00 per hour for General Liability; MELINDA M. SCHALL ADMINISTRATOR also admllnd In Washing,00 also admired In Bawoll also odmNrrd In Texas also admrllyd In Iowa $200.00 per hour for Environmental, Employment, Public Contracts, Eminent Domain, CEQA, and Land Use Matters Paralegals: $85.00 per hour Law Clerks: $85.00 per hour Daley & Heft has its own in-house billing procedures that meet even the most rigorous client billing guidelines. The firm presently works under several auditing programs, including Examen and LAS. Our systems can be adjusted to meet any guidelines that may be in place. The overall philosophy is to efficiently and fairly bill for actual time spent and to bring cases to a positive conclusion as early as possible. EXHIBIT "A" FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND DALEY & HEFT, LLP This Amendment to Agreement is entered into this 0 day of March, 2013, by and between the City of National City, a municipal corporation ("CITY"), and DALEY & HEFT, LLP (the "FIRM"). RECITALS A. The CITY and the CONTRACTOR entered into an agreement on September 27, 2006, (the "Agreement") wherein the FIRM agreed to provide assist in representing CITY in connection with General Liability Litigation. B. The compensation has not increased since 2006, and is increasing by $5 per hour for paralegals and law clerks for a total of $90 per hour, $20 per hour for general civil litigation attorneys for a total of $175 per hour, and $10 per hour for a total of $210 per hour for specialty litigation (e.g., environmental) and consultation attorneys C. The parties desire to amend the Agreement by amending Exhibit "A" to increase the compensation rate as set forth in the attached Exhibit "A". NOW, THEREFORE, the parties hereto agree that the Agreement entered into on September 27, 2006, shall be amended by amending Exhibit "A" to increase the compensation rate. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated September 27, 2006, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY DALEY & HEFT, LLP By: By: Ron Morrison Robert R. Heft Mayor Partner APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney FEE SCHEDULE I. Legal Services A. General civil litigation (i.e., dangerous conditions, police defense) and consultation type matters. Attorneys: $175 per hour. Paralegals/Law Clerks: $90.00 per hour B. Specialty litigation and consultation type matter (ex., Eminent Domain, Inverse Condemnation, Appellate work, and similar). Attorneys: $210 per hour. Paralegals/Law Clerks: $90.00 per hour II. Reimbursable Expenses A. Costs. B. Itemized i eproduction, printing, telephone, facsimile, and travel costs expressly requested by City and/or necessitated by virtue of the representation of the particular matter. C. Extraordinary costs may be compensated upon the prior written agreement or understanding of City. D. Approved expert or other third party consultant fee or costs advanced by Attorney. E. Out of town travel expenses. Said expenses shall be reasonable and utilizing standard level for rooms, food, and travel (i.e., coach tickets and rack rates). III. The firm maintains accurate and daily entries of its legal services. The entries are comprehensive, which allows the client to analyze the work performed, the identity of the biller, and the amount of time spent on specific tasks. Note: As public entity attorneys, we understand the fiscal challenges our public entity clients face. This is why we make every attempt to keep our billing rates and practices as reasonable and as competitive as possible. We remain, of course, always will to discuss with the City a billing arrangement that we both decide will crate and foster the best relationship throughout the pendency of the contract. EXHIBIT "A" RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT FOR LEGAL SERVICES WITH DALEY & HEFT, LLP, TO INCREASE THE HOURLY COMPENSATION RATE WHEREAS, on September 27, 2006, the City entered into an agreement with the law firm of Daley & Heft, LLP, to provide general liability litigation services; and WHEREAS, the compensation has not increased since 2006, and is increasing by $5 per hour for paralegals and law clerks for a total of $90 per hour, $20 per hour for general civil litigation attorneys for a total of $175 per hour, and $10 per hour for a total of $210 per hour for specialty litigation (e.g., environmental) and consultation attorneys; and WHEREAS, an amendment to the Agreement is necessary to reflect the increase in the hourly compensation for legal services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement between the City of National City and Daley & Heft, LLP, to increase the hourly compensation rate for general liability litigation services by $5 per hour for paralegals and law clerks for a total of $90 per hour, $20 per hour for general civil litigation attorneys for a total of $175 per hour, and $10 per hour for a total of $210 per hour for specialty litigation (e.g., environmental) and consultation attorneys. Said First Amendment to the Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of March, 2013. 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 19, 2013 AGENDA ITEM NO. ITEM TITLE: !Resolution of the City Council of the City of National City authorizing the Mayor to sign a County of San Diego Operational Area Building Safety Inspection Mutual Aid Agreement. (Fire PREPARED BY: !Walter Amede jng3- DEPARTMENT: PHONE: 1619-336-4550 APPROVED BY: EXPLANATION: The County of San Diego Office of Emergency Services, County of San Diego Department of Planning and Development Services, and twelve (12) cities within the County have expressed an interest in establishing a mutual aid agreement among all agencies. The Agreement provides procedures and the responsibilities whenever emergency personnel, equipment, and facility assistance is provided from another party's building inspectors and engineers to the other. The Agreement is in accordance with the California Emergency Services Act set forth in Title 2, Division 1, Chapter 7 (Section 8550 et seq.) of the Government Code and specifically with Article 14 (Section 8630 et seq.) of the Act. Staff recommends authorizing the Mayor to sign the mutual aid agreement. FINANCIAL STATEMENT: APPROVED: "iti__Za2a, Finance ACCOUNT NO. APPROVED: MIS The requesting party agrees to pay all direct, indirect, administrative and contracted costs of the assisting party incurred as a result of providing assistance, based upon standard rates applicable to assisting party's internal operations. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION: 1 STAFF RECOMMENDATION: !Staff recommends authorizing the Mayor to sign the County of San Diego Operational Area Building Safety Inspection Mutual Aid Agreement. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. [County of San Diego Operational Area Building Safety Inspection Mutual Aid Agreement 2. San Diego County Operational Area Building Safety Inspection Mutual Aid Agreement Procedures Guide 3. Attachment A — San Diego County Operational Area Building Safety Inspection Check List for Mutual Aid Assistance 4. Resolution County of San Diego Operational Area Building Safety Inspection Mutual Aid Agreement This Mutual Aid Agreement is made and entered into by those parties who have adopted and signed this agreement. WHEREAS, County of San Diego Office of Emergency Services, County of San Diego Planning and Development Services, and twelve (12) cities within the County have expressed a mutual aid interest in the establishment of a plan to facilitate and encourage Building Safety Inspection Mutual Aid Agreements throughout the County of San Diego; and WHEREAS, the parties hereto have determined that it would be in their best interests to enter into an agreement that implements that plan and sets forth procedures and the responsibilities of the parties whenever emergency personnel, equipment, and facility assistance is provided from another party's building inspectors and engineers to the other; and WHEREAS, no party should be in a position of depleting unreasonably its own resources, facilities, or services providing such mutual aid; and WHEREAS, such an agreement is in accord with the California Emergency Services Act set forth in Title 2, Division 1, Chapter 7 (Section 8550 et seq.) of the Government Code and specifically with Article 14 (Section 8630 et seq.) of the Act; and WHEREAS, all parties must use the Standardized Emergency Management System (SEMS) in order to be eligible for possible state funding of response -related personnel costs pursuant to activities identified in the California Code of regulation; In consideration of the conditions and covenants contained herein, the parties agree as follows: 1. For this Agreement, the following terms shall be ascribed the following meanings: a. "Coordinator" shall mean the person designated by each party to act on behalf of that party on all matters relative to mutual aid, to include but not be limited to requests, responses, and reimbursement. b. "Local Emergency" shall mean the actual or threatened existence of conditions of disaster or extreme peril to the safety of persons or property within the territorial limits of one of the parties caused by human or natural conditions such as air pollution, fire, flood, storm, wind, earthquake, explosion, County of San Diego operational Area Building Safety Inspection Idutual Aid Agreement transportation accident, hazardous material problem, tsunami, sudden or severe energy shortage, epidemic, riot or other occurrences, other than conditions resulting from a labor controversy, which occurrences, or the immediate threat thereof, are likely to be beyond the control of the personnel, or facilities of that party to this Agreement personnel, equipment or facilities of the other therefore desired to combat. equipment, and which party are c. An "Operational Area" for the coordination of Building Safety Inspection Mutual Aid shall normally be a County and all the jurisdictions within the County that are parties to this Agreement. A different building safety inspection operational area may be established by the parties in some unique cases. 2. Coordinators designated by each party shall be designated by Title, Name, Address and Phone Number, and if said Coordinator changes, the other parties of the Agreement shall be notified in writing as soon as practical after the appointment has been made through the Agreement Coordinator designated in Paragraph 17 hereinafter. 3. When a local emergency has been proclaimed by a party's governing body or authorized official, the Coordinator may request assistance. 4. When request for assistance is received, the assisting Coordinator shall promptly advise of the extent of response, provide whatever personnel, equipment, and/or facilities jeopardizing the safety of persons or jurisdiction. No party receiving a request under any obligation to provide assistance o not complying with the request. are available without property within their for assistance shall be r incur any liability for 5. When the assisting Coordinator's personnel, equipment, and/or facilities are no longer required or when the assisting Coordinator advises that the resources are required within their own jurisdiction, the requesting Coordinator shall immediately arrange for the return of those resources. 6. Requesting party shall be responsible for the safekeeping of the resources provided by the assisting. party. The requesting Coordinator shall remain in charge of the incident or occurrence and shall maintain control and direction of the resources provided by the assisting party. The request may include providing supervisory personnel to take direct charge of the resources under the general direction of the requesting Coordinator. The requesting Coordinator shall make arrangements for feeding, assisting personnel, fueling, servicing, and repair of equipment if such support is requested by the assisting Coordinator. Assisting party's personnel shall not be deemed employees of requesting party and vice versa. County of San Diego Operational Area Building Safety Inspection Mutual Aid Agreement 7. The requesting party agrees to pay all direct, indirect, administrative and contracted costs of assisting party incurred as a result of providing assistance pursuant to this Agreement, based upon standard rates applicable to assisting party's internal operations. Payment shall be made within sixty (60) days after receipt of a detailed invoice. Payment may be delayed if agreed upon by both parties. Requesting party shall not assume any liability for the direct payment of any salary or wages to any officer or employee of the assisting party. 8. DEFENSE AND INDEMNIFICATION 8.1 Claims Arising from Sole Acts or Omissions of a Party Each Party to this MOU hereby agrees to defend and indemnify the other Parties to this MOU, their agents, officers and employees, from any claim, action or proceeding against another Party, arising solely out of its own acts or omissions in the performance of this MOU. At each Party's sole discretion, each Party may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve any Party of any obligation imposed by this MOU. Parties shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. 8.2 Claims Arising From Concurrent Acts or Omissions The Parties hereby agree to defend themselves from any claim, action, or proceeding arising out of the concurrent acts or omissions of the Parties. In such cases, Parties agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 4 below. 8.3 Joint Defense Notwithstanding paragraph 8.2 above, in cases where Parties agree in writing to a joint defense, Parties may appoint joint defense counsel to defend the claim, action, or proceeding arising out of the concurrent acts or omissions of said Parties. Joint defense counsel shall be selected by mutual agreement of Parties. Parties agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 8.4 below. Parties further agree that no Party may bind the others to a settlement agreement without the written consent of the others. 8.4 Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the Parties. Parties may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. County of San Diego Operational Area Building Safety Inspection Mutual Aid Agreement 9. This agreement shall in no way abrogate or waive any of the immunities available under Federal, State and local law and regulations, including but not limited to the California Emergency Services Act, Government Code sections , et, seq. 10.When mutual aid is provided, the requesting and assisting agencies, will keep account records of the personnel, equipment, mileage, and materials provided as required by Federal and State law, the California Disaster Assistance Act, and FEMA guidelines to maximize the possibility of Federal and State disaster reimbursement. Each Party shall have access to another Party's records for this purpose. 11.This agreement shall take effect immediately upon its execution and shall remain in effect until terminated. 12.Any party may withdraw from this agreement without cause upon delivery of ninety (90) day s prior written notice to the Agreement Coordinator designated in Paragraph 17 below. 13. To the extent that they are inconsistent with this agreement all prior agreements for Building Safety Inspection Mutual Aid between the parties are hereby null and void. 14. Requests for mutual aid assistance under this agreement when more than one city is impacted by a disaster will be channeled through the County of San Diego Office of Emergency Services to ensure maximum effectiveness in allocating resources to the highest priority needs. 15.Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 16. This agreement in no way acts to abrogate or waive any immunity available under the Tort Claims Act. 17.The County of San Diego Planning and Development Services shall act as the initial Agreement Coordinator of this program for the purpose of: a. Receipt of new members to the agreement. b. Maintaining a current list of signatory parties and representatives. c. Circulating annually a list of all parties and representatives to all signatory parties. d. Arranging for amendments Lo agreement as may be necessary. County of San Diego Operational Area Building Safety Inspection Mutual Aid Agreement The party acting as Agreement Coordinator may transfer these responsibilities to another party with the consent of that party and upon notification of the other parties to the agreement 18. All signatory parties agree that any other qualified public agency or quasi public agency may become a party to this agreement by executing a duplicate copy of this agreement and sending same to the Agreement Coordinator, initially the County of San Diego Department of Planning and Development Services, addressed as follows: The San Diego County Planning and Development Services County of San Diego 5510 Overland Ave, Suite 110 San Diego, California 92123 Attention: Mutual Aid Coordinator County of San Diego Operational Area Building Safety Inspection Mutual Aid Agreement IN WITNESS THEREOF, the parties hereto have executed this agreement by their duly authorized officers on the dates hereinafter indicated. This Mutual Aid Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. Attest Holly Crawford Director, Office of Emergency Services County of San Diego By: Date: Mark Wardlaw Director, Department Planning and Development Services County of San Diego By: Date: Ron Morrison Mayor City of National City By: Date: Approved as to form: [Name of Authorizer] Office of County Counsel County of San Diego By: Date: County of San Diego Operational Area Building Safety Inspection Mutual Aid Agreement San Diego County Operational Area Building Safety Inspection Mutual Aid Agreement Procedures Guide I. PURPOSE The purpose of this Procedures Guide is to provide parties to the Building Safety Inspection Agreement with a practical set of guidelines on how to effectively provide and receive building inspection assistance. The terms of the agreement shall govern in the event there is any actual or apparent conflict between this procedure guide and the agreement. The following provisions are suggested guidelines only and not binding on any agency. These provisions should be modified and expanded as necessary to meet the unique needs, emergency organizational structure, and working relationships of each operational and regional area. II. TENETS OF OPERATIONAL AREA BUILDING SAFETY INSPECTION MUTUAL AID 1. The most effective means of providing timely assistance to a jurisdiction impacted by a disaster is to have agreements in place in advance of the disaster. 2. Assistance is voluntary. 3. Assistance provided shall be reimbursed by the requesting jurisdiction. 4. Jurisdictions should reasonably commit their own resources before requesting mutual aid. 5. A Proclamation of a Local Emergency is necessary to activate the agreement. 6. Cooperative planning and training are desirable to enhance the effectiveness of providing mutual aid when needed. III. PROCEDURES FOR BUILDING SAFETY INSPECTION MUTUAL AID 1. Designated Building Safety Inspection Coordinator Paragraph 1 (a) of the Agreement specifies that the "Coordinator" shall mean the person designated by each party to act on behalf of that party on all matters relative to mutual aid, including but not be limited to requests, responses and reimbursement. It is suggested that the Coordinator be a person who during a disaster would be authorized to request Building Safety Inspection Mutual Aid and bind their agency for the cost of these resources. The Coordinator should also be in a position to authorize the County of San Diego Operational Area Building Safety Inspection Mutual Aid Agreement providing agency to release personnel and equipment to the agency impacted by the disaster. It is suggested that alternate coordinators be designated in case the primary coordinator is unavailable during the disaster. 2. WebEOC Communication To obtain Building Safety Inspections assistance, a planned method of communicating requests is essential. This includes using WebEOC to process the request and maintain lines of communication. Telephones should not be relied upon as the primary means of communication within the impacted area of a major earthquake disaster, and common Building Inspectors and Engineers radio frequencies may not exist in the area. It is recommended that WebEOC be used to request assistance using Building Safety Inspection Request Form. 3. Operational Area Concept The Agreement specifies that an operational area, normally a County and all the jurisdictions within the County, shall be the basic unit for coordinating building safety inspection mutual aid. Because of their knowledge of building code terminology and procedures, it is suggested that an inspector or engineer representative perform the role of the Coordinator in the Operational Area. This will be San Diego County Planning and Development Services for the Operational Area, although a different arrangement could be established if deemed necessary by the involved agencies. 4. California Emergency Management Agency (Cal EMA) Role Cal EMA would act to support building safety inspection mutual aid assistance under the agreement by offering assistance to the Operational Coordinator, and act as Statewide Coordinator for seeking mutual aid resources if required from beyond the impacted region. 5. Resource Lists and Contacts It is strongly recommended that Lists of building inspection resources be developed for each participating agency in the Operational Area. Such lists are essential for the Operational Area Coordinator to quickly identify which agencies have the particular types of resources needed by the requesting impacted agency. The designated coordinator for each jurisdiction should develop a detailed list of resources for their agency by quantity, type of personnel equipment, materials, and a contact number to check on its availability when needed. It is suggested that the coordinator then provide a brief summary of that information to the Operational Area Coordinator for compiling an Operational Area Resource Directory. County of San Diego operational Area Building Safety Inspection Mutual Aid Agreement 6. Arrange Care for Assisting Forces The Agreement requires that the requesting party be responsible for the safekeeping of the resources provided by the assisting party. 7. Documentation for Reimbursement In accordance with the Agreement, each requesting and assisting party is required to keep accounting records of the personnel, equipment, and materials provided under the Mutual Aid Agreement as required by the Federal Stafford Act administered by the Federal Emergency Management Administration (FEMA) and State guidelines. This requirement is to maximize the requesting agencies reimbursement of costs expended to receive mutual aid. Each party to the Agreement should become thoroughly familiar with those federal and state accounting requirements and pre -establish emergency management procedures and training of their personnel to carefully document all costs of labor, equipment and personnel, including administrative costs, accounted by specific damage location. These practices are not only for mutual aid reimbursement but for reimbursement of all agency costs associated with the disaster. 8. Proclamation of Emergency The Agreement requires that a Proclamation of Local Emergency must be approved by an authorized official of the impacted jurisdiction. A State of Emergency should be also requested through the Operational Area for approval by the Governor to authorize State reimbursement, and if warranted, a request for a Presidential Proclamation of Emergency to authorize federal reimbursement. Each Agency should include in their emergency plan a provision to seek such a proclamation from the authorized official in their jurisdiction as soon as they can reasonably determine that the disaster will be beyond the scope of mutual aid assistance. 9. Agency in Charge The Agreement provides that the requesting Coordinator shall remain in charge of the incident and provide direction and control to the resources provided by the assisting party. The request may also include having the assisting party provides supervisory personnel to take direct charge of their forces under the overall direction of the requesting coordinator. The intent is that the assisting party will comply with all reasonable directions from the requesting coordinator. However, the assisting party should not be obligated to perform any work that it reasonably believes would unduly jeopardize the safety of its employees. County of San Diego Operational Area Building Safety Inspection Mutual Aid Agreement 10. Checklists for Requesting Mutual Aid Each party of the Agreement is encouraged to develop checklists for their coordinator to use in assuring that all required steps are followed properly and effectively seek and provide Building Safety Inspection Mutual Aid for the benefit of the impacted area and protection of the assisting party. These checklists should establish who is to carry out each essential function, both internally to the agency and externally, and contact numbers and means for reaching them. 11. Safety Assessment Program The individuals sent out should have gone through the one -day California Safety Assessment Program training in the past five years, have current credentials (Civil, Geotechnical or Structural engineering license, architect license, or one of the building inspector certificates recognized by the Safety Assessment Program. Attachment A is the checklist for the County San Diego Operational Area Building Safety Inspection Mutual Aid Agreement. County of San Diego Operational Area Building Safety Inspection Mutual Aid Agreement Attachment A San Diego County Operational Area Building Safety Inspection Check List for Mutual Aid Assistance I. Pre -Event Develop procedures at the local operational area to carry out mutual aid including checklists of actions, resource lists, etc. II. Post Event 1. Local Agency quickly assesses estimated extent of damage and availability of local resources to respond. 2. If it is apparent that outside resources will be needed to effectively deal with the emergency, promptly authorize local official to request Proclamation of Local Emergency and, warranted, request State of Emergency Proclamation through the Operational Area Emergency Operations Center. 3. Upon proclamation of local emergency, request mutual aid assistance from Operational Area Building Safety Inspection Mutual Aid Coordinator according to pre -established procedures in WebEOC. 4. Ensure request is specific as to type and quantity of resources needed, when to report, who to report to, how long needed, type of work to be performed. Once a providing party can be located to satisfy the resource request, the coordinator will determine how quickly these resources can be made available and notify the requesting party of that fact. 5. The requesting party will make all necessary arrangements to care for the assisting party's personnel and equipment if needed. 6. The requesting party will carefully document all costs by specific damage site according to State and Federal procedures to maximize reimbursement for costs. Carefully record the names of assisting personnel and equipment at each site, hours worked, and mileage. 7. The requesting party should return the assisting party's resources as soon as possible. RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A COUNTY OF SAN DIEGO OPERATIONAL AREA BUILDING SAFETY INSPECTION MUTUAL AID AGREEMENT WHEREAS, the County of San Diego Office of Emergency Services, County of San Diego Planning and Development Services, and 12 cities within the County of San Diego ("County") have expressed a mutual interest in the establishment of a plan to facilitate and encourage Building Safety Inspection Mutual Aid Agreements throughout the County; and WHEREAS, staff has determined that it would be in National City's best interest to enter into a Mutual Aid Agreement that implements that plan and sets forth procedures and the responsibilities of the parties whenever emergency personnel, equipment, and facility assistance is provided from another party's building inspectors and engineers to the other; and WHEREAS, such an agreement is in accord with the California Emergency Services Act set forth in Title 2, Division 1, Chapter 7 (Section 8550, et seq.) of the Government Code, and specifically with Article 14 (Section 8630 et seq.) of the Act; and WHEREAS, the Mutual Aid Agreement provides that no party should be in a position of depleting unreasonably its own resources, facilities, or services providing such mutual aid; and WHEREAS, pursuant to the Mutual Aid Agreement, all parties must use the Standardized Emergency Management System ("SEMS") in order to be eligible for possible state funding of response -related personnel costs pursuant to activities identified in the California Code of Regulation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the County of San Diego Operational Area Building Safety Inspection Mutual Aid Agreement. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of March, 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 1 MEETING DATE: March 19, 2013 AGENDA ITEM NO.13 ITEM TITLE: ;Resolution of the City Council of the City of National City approving an appropriation increase of the Materials line item and the corresponding revenue budget in response to an LSTA funds award of $3,000 from the California State Library for the purchase of literacy materials and/or computer programs that provide assistance to adult learners. PREPARED BY: Gloria Olivares PHONE: 619-470-5800 EXPLANATION: DEPARTMENT: Lib APPROVED BY: The acting State Librarian has authorized Library Services and Technology Act (LSTA) funds for library literacy programs to purchase materials for learners/tutors and/or learner -assisted computer programs. The amount allocated for each library is based on the number of learners each served in 2011-2012. Materials authorized for purchase may be disposable materials for learners/tutors, literacy materials for the library's collection, and/or computer programs designed to assist adult learners. Funds will not be received directly for the above -stated purpose. Libraries will have to complete purchases by June 30, 2013, then submit invoices to Pacific Library Partnership for reimbursement. FINANCIAL STATEMENT: ACCOUNT NO. 320-31337-3463 Other State Grants 320-431-337-304-000 Materials ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: MIS STAFF RECOMMENDATION: Approval recommended', BOARD / COMMISSION RECOMMENDATION: Approved by the Library Board of Trustees on March 11, 2013 ATTACHMENTS: Award Letter STATE t1 BRARY TO: Minh Duong, City Librarian National City Public Library FROM: Carla Lehn, Library Programs Consultant, California State Library RE: Literacy Materials Funds for 2012/13 I am pleased to tell you that the Acting State Librarian has authorized LSTA funds for CLLS library literacy programs to purchase materials to support your work during the 2012/13 fiscal year. The amount set aside for each library is based on the number of adult learners each served in 2011/12. The amount for your library is $3000. How will this work? • You are authorized to purchase materials most needed by your library literacy program. These may be disposable materials provided to learners and/or tutors, literacy materials for the library's collection, and/or computer programs you will use to assist adult learners. • You will not receive funds directly for this purpose. Instead, you will order and pay for the materials you need, and submit the attached reimbursement form, together with a copy of the invoice(s) for payment, to Pacific Library Partnership. • All purchases must be completed, with reimbursement forms and invoices attached, and submitted to Pacific Library Partnership no later than June 30, 2013. • If you have questions, or for some reason you do not wish to take advantage of this opportunity, • please notify me immediately at (916) 653-7743 or carla.lehn@library.ca.gov Attachment: Reimbursement Form Cc: Melissa Solis, Literacy Coordinator Andrea Freeland, Literacy Analyst Library — Courts Building P.O. Box 942837 Sacramento, CA 94237-0001 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN APPROPRIATION INCREASE OF THE LIBRARY'S MATERIALS LINE ITEM AND THE CORRESPONDING REVENUE BUDGET TO REFLECT ACCEPTANCE OF LIBRARY SERVICES AND TECHNOLOGY ACT FUNDS IN THE AMOUNT OF $3,000 FROM THE CALIFORNIA STATE LIBRARY FOR CALIFORNIA LIBRARY LITERACY SERVICES FOR THE PURCHASE OF LITERACY MATERIALS AND/OR COMPUTER PROGRAMS THAT PROVIDE ASSISTANCE TO ADULT LEARNERS WHEREAS, the National City Public Library was recently awarded Library Services and Technology Act ("LSTA") funds in the amount of $3,000 for Fiscal Year 2012-2013 from the California State Library for California Literacy Services ("CLLS") for the purchase of literacy materials and/or computer programs that provide assistance to adult learners; and WHEREAS, the Library Board of Trustees approved the acceptance of the award on March 11, 2013; and WHEREAS, an appropriation increase in the amount of $3,000 to the Library's Materials Account and the corresponding revenue budget is necessary to reflect the additional funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby authorize an appropriation increase in the amount of $3,000 to the Library's Materials Account and the corresponding revenue budget to reflect the Library Services and Technology Act funds from the California State Library for California Literacy Services ("CLLS") for the purchase of literacy materials and/or computer programs that provide assistance to adult learners. PASSED and ADOPTED this 19th day of March, 2013. 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 19, 2013 AGENDA ITEM NO. 14 ITEM TITLE: TEMPORARY USE PERMIT —National City Middle's School Physical Education program at Kimball Park commencing March 20, 2013 thru March 20, 2014 with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neig'.orh. Services Division APPROVED BY: This is a request from National City Middle School to conduct some of their organized Physical Education sessions at Kimball Park at various times, three times per week between the hours of 7:40am to 2:40pm. Request is for Students to use the park in order to run a mile at the park due to limited space on campus. No City services are being requested. This is the first TUP request from National City Middle subject use of Kimball Park. The past (2)TUP request for use of Kimball Park for organized physical education have been from Integrity Charter School with no waiver of fees. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The City has incurred $237.00 for processing the TUP. Total Fees are $237.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A. ATTACHMENTS: 4pplication for a Temporary Use Permit with recommended approvals and conditions of approval. _ Fair _ Festival _ Community vent _ Demonstration Circus _ Block Party _ Grand Opening y Other Ncri,onal C,Middle - P E. Program Crunnin9 rni le) <imbal Park 3 x per weeK. /pm to am/em rortaie thrcughou+-I-heI clay too ( Participants 0 Spectators) 3X penjOy NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Type of Event: _ Public Concert Parade _ Motion Picture Event Title: Event Location: Event Date(s): From Actual Event Hours: {: Total Anticipated Attendance: Setup/assembly/construction Date: n I A Start time: n l A Please describe the scope of your setup/assembly work (specific details): no set-u p necessary. s#udents will simply run +he mile -I-hrouuhouf field / sfialdiurn. Dismantle Date: n i R Completion Time: n 1 R am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. ntPr Sponsoring Organization: i\Iah o no i cl+y Mt d d i e_ Chief Officer of Organization (Name) Arturo t-i . Mor ra r10 Applicant (Name): A�r"o t-t H. AMI on-I-ano nn Address: not D. Avenue, 1Voonai City I Co cl1cI50 Daytime Phone: ( )33to-21000 Evening Phone: ( ) 33 to-' 21000 Fax: ( M1 —11SDE-Mail: Clrtur c . mo yha o a sw e r Contact Person "on site" day of the event:9 i ar o Cellular: 33(o-d t�0 SGhO 0 or9 ' ��I°e'��=y''Sj , rr 5iq {�__.,�,'ti+(=p�.y.��, lip i„",��R.T �.`j vj •J y.:i^�"'�"T� -�1 tyYj a }��_y'°-iie.,hC'['� G*a ` 4 Fi nN .�' d A "NSF aa^ h w 'p"�v4�a4'i+t1 �4 �WTy�r�'^`k��T'.,I�� alay'a,,�4'. M$:17H4+4 k+d�Y�rl�4 Yi: tii41 100^, Is your organization a 'Tax Exempt, nonprofit" organization? YES _ NO Are admission, entry, vendor or participant fees required? _ YES /NO If YES, please explain the purpose and provide amount(s): $ 0 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 0 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. NCM Students have lira-1-ed space on our Corpus -to run rn►t-e. We Would oppreciake -t-1� Dppor i-uni-KI -For our Student- to run +hle rrit le on kinnba I I park. S-tuc entS wl Il run or- West side OP po►r K eid 1w/r' ear stadium. 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: _ YES ✓ NO Does the event involve the sale or use of alcoholic beverages? _ YES / NO Will items or services be sold at the event? If yes, please describe: _ YES ` NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. — YES /NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. — YES �NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A j separate Fire Department permit is required for tents or canopies. _ YES NO Will the event involve the use of the City or your stage or PA system? SPECIFY: 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 and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: nib Please describe your procedures for both Crowd Control and Internal Security: Cer+ifica-I-ed +ecach-er will Supervise s-tude . Teacher has ce 0 phone /waI kit--Fal kie ►n ease emergency s rt x fi on . YES INO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: — YES `/NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. School Ste has cer-iic,?d resis-iered nurse on CompuS. Please describe your Accessibility Plan for access at your event by individuals with disabilities: n1A Pleas provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: tr1 Pr Please describe yo r laore eo no all oilynts, tr cr andtyvchurchesc�hurcat &facr�l OFthe_ C.hOQI `/r, NOTE: Neighborhood residents must be notified 72 hours in advance when events are 1 I scheduled in the City parks. !?+ yMl {j'�h`J {sF_-�tI.c *��SSJLI Y• 44 R�a4..44;'r!V _ 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 INO 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 time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES /NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES `� NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 02/29/12 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 SU 1-IS Q — NaItona( City Mlddlt School Person in Charge of Activity Arturo t Ac nkarri 0 Address 110 M D . / enu-e , No+i onal CG-N , Ca q Ig60 Telephone 33 W- 2.000 Date(s) of Use 241 113 — 2421 114 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date princ+pa I '424113 For Office Use Only Certificate of Insurance Approved Date Kimball Park, National City, CA Goy.gEe A. Kimball Park National City, CA (619) 336-4241 4 reviews C • atimal City Plaonii>9 Dept 01 to .tl titerionel City Fre Dept Get Google Maps on your phone Text the word "GMAPS" to 466453 49 3o 02Qt4 SADIe - Map data 02013 Google - Client 165184 2SWEETUNI ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDM/W) 6/20/2012 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 pollcy(les) must be endorsed. If SUBROGATION IS WANED, 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 Ileu of such endorsement(s). PRODUCER BBBT.Iohn Burnham Ins Services 750 B Street Sulte 2400 San Diego, CA 92101 619 231-1010 4rare cT Tenie Carney maw ); 619 525-2836 WAIL ADDRESS: (NC, Nor. 8883281310 INSURERI1) AFFORDING COVERAGE IN5uREaA: San Diego County Schools Ris HNC II 10227 INSURED San Diego County Schools/JPA Sweetwater Union H.S. District 1130 Fifth Avenue Chula Vista, CA 91911 INSURER e: Permissively Self -Insured 23043 INSURER c:AWAC/CRC• 10690 INSURER D: ARCH Specialty/CRC* INSURER E: Continental/GA/CRC* INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POIJCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POLICIES UMRS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. tin A TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Q OCCUR X $500,000 SIR X Professional Liab' GEN1. AGGREGATE LIMIT APPUESPPER � LPOLICY 1�1 JE�Q 1 1 LOC W ELSR YEd POUCY NUMBER SDJPA070112 `Inca EPLI- Wrongful Acts _Italia YYYY].1aPIAVDDlrY L 07/01/2012 07/01/2013 EACH OCCURRENCE LING 55,000,000 RREMIbt9 (FO o aSsnm) MED EV (My one person) PERSONAL ADV INJURY S $ $ GENERAL AGGREGATE 510,000,000 A AUTOMOBILE LIABILRY X X X ANY AUTO AUTOS OWNED HIRED AUTOS 500,000 SIR - AUTTOS v NON -OWNED AUTOS SDJPA07D112 07/01/2012 07/01/2013 PRODUCTS- COMP/OP AOG COMBtt7ED SINGLE war 1� aodderdI s10,000,000 S BODILY INJURY (Per person) s5,000,000 S BODILY INJURY (Per accident) PROPERTY DAMAGE (Per scddentl S s $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE DED RETENTIONS EACH OCCURRENCE S AGGREGATE $ s C D E WORKERS COMPENSATION AANNyDpEpMpPpLOOYYEEpRSS* LLUAIDUTY Y / N OFFlCERR.RENIIXCL DEn (Mendalory In NH) S yes, d uorlbe undo DESCRIPTION OF OPERATIONS below Blanket Prop Blanket Prop Blanket Prop NIA JPA MEMORANDUM OF COVERAGE 60 Days Notice of Cancellation 030567751N ESP005053600 PSR2083564156 07/01/2012 07/01/2012 07/01/2012 07/01/2012 07/01/2013 X WC ETAT). TORY LIMITS EL EACH ACCIDENT OTH- ER EL DISEASE - EA EMPLOYEE 51,000,000 81,000,000 07/01/2013 07/01/2013 07/01/2013 EL. DISEASE - POUCY UMn 51,000,000 $5,000,000/$100,000 SIR $20,000,000 XS 55M $225,000,000 XS $25M DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Much ACORD 101. Additional Remarks Schedule, I1 more space le rugWnd) "Issued CRC Permission. Certificate is subject to policy limits, conditions and exclusions. Memorandum of Coverage approved Self -Insurance Program reinsured by Munich Reinsurance America Inc. Property poi Inc' Special Fomt/Replacement Cost. 90 Day Notice of Cancellation except 10 Days for Non -Payment. Re: Use of premises. City of National City, Its officials, agents and employees are additional insureds (general Raofity policy) per attached form. CERTIFICATE HOLDE R CANCELLATION City of National Clty 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 WRH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ' 770.4 0. tlAw. St,1w118 ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S8783015/M8782949 TTCAR SAN DIEGO COUNTY SCHOOLS RISK MANAGEMENT JOINT POWERS AUTHORITY(SDJPA) Additional Insured Endorsement WHO IS A COVERED MEMBER (Per section 11 item 3 of the MOC — Memorandum of Coverage) My person(s), entity(ies), or organization(s) you are required by a covered member contract to include as an additional insured solely with respect to bodily injury and property damage and arising out of: a. Premises leased, used or occupied by you; b. Automobiles leased or rented by you; c. Equipment owned, leased or rented by you; d. Mortgagees and Loss Payees of a Covered Member; or e. Property owners and property managers of property owned, leased, rented or occupied by you However, the additional insured status and coverage does not apply to: (1) Any occurrence which takes place prior to or after you cease to occupy the premises as stated in the covered contract; (2) Any structural alteration, new construction or demolition operations performed by or on behalf of the additional Insured; (3) My wrongful act, employment practices wrongful act or employee benefit wrongful act. This coverage will be further limited to the extent and Limits of Liability required by the covered member contract and will not increase the Limits stated in SECTION III -LIMITS) OF COVERAGE nor alter any of the terms of coverage stated in this MOC. The covered member contract must be effective and executed prior to a covered occurrence. San Diego County Schools Risk Management Joint Powers Authority. #SDJPA070112 July 1, 2012 to July 1, 2013 City of National City, its officials, agents and employees are additional insureds per this form. MOC Effective 7.1.12 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: National City Middle School EVENT: National Middle —P.E. Program DATE OF EVENT: March 20, 2013-March 20, 2014 TIME OF EVENT: 7:40 a.m. to 2:40 p.m. APPROVALS. DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 No comments from Building, Planning, and Engineering. PUBLIC WORKS (619)366-4580 Facilities Division: Facilities Division has no involvement in this event. Street Division: Street Division has no involvement in this event. Parks Division: The school can use the Park on Monday, Tuesday and Wednesday only. The Park is mowed on Thursday and having two (2) different schools will make it difficult for staff to mow the park in a safe manner. COMMUNITY SERVICES No involvement. 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. FIRE The Fire Department has no comments or requirements on the attached POLICE Will provide extra patrol. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT EETING DATE: March 19, 2013 AGENDA ITEM NO. 15 ITEM TITLE: TEMPORARY USE PERMIT — GranFondo Cannondale San Diego Bicycle Ride sponsored by the Little Italy Association on. Sunday April 14, 2013 from 7:15 a.m. to 5 p.m. with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neigh �orho•.ervices Division APPROVED BY: This is a request from the Little Italy Association of San Diego to conduct their GranFondo Cannondale San Diego bicycle ride. This is one of five Italian-themed bicycle rides in major cities in the US (SD, LA, Phil., Wash. DC & Mia.) The SD event starts in Little Italy, downtown San Diego and finishes at the County Administrative Center. It is in itsfifth year, having hosted 1,000 and 3,000 riders previously. The ride benefits The Challenged Athletes Foundation. OUTBOUND - The course begins in downtown SD under the Little Italy sign and proceeds around to PCH and then south to Harbor onwhich it stays until it exits SD. I't enters NC at Civic Center, turning right on Civic Center and then following Tidelands until it turns left onto Bay Marina. It continues east on Bay Marina/Mile of Cars Way until it reaches National City Blvd., where it turns right going southbound. The ride then goes left turning eastbound at E. 30th Street and proceeds east on 30th/Sweetwater Road until it turns right on Plaza Bonita Road leaving National City at the Plaza Bonita/Bonita Rd. intersection. From its start in Little Italy, up to National City Blvd. and 30th Street, intersections are controlled by SDPD & NCPD to allow cyclists to have priority going through unless vehicle traffic backs up, at which time cyclists will be stopped to let cars get through. Once cyclists have passed NCB & 30th Street, road closures terminate where the bicycle race •ansitions into the `rules of the road" conditions and there is no longer need for National City's services. Traffic Control will be assisted by National City Police Department while in the City. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The City has incurred $237.00 for processing the TUP through various City departments and•$3,946.00 for Police Department fees. Total fees are $4,183.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A • ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert _ Fair _ Festival _ Parade _ Demonstration _ Circu Block Party Motion Picture _ Grand Opening X Other ICyCIe Ride - Event Title: The Classic GranFondo San Diego Event Location: Please see attached event guide Community vent Event Date(s): From 4/14/13 to Actual Event Hours:7:15 AMam/pm to 5:00 PMam/pm Total Anticipated Attendance: 1,500 (1,500 Participants Spectators) Setup/assembly/construction Date: 4/14/13 Start time: 4:00 AM Please describe the scope of your setup/assembly work (specific details): Dismantle Date: 4/15/13 Completion Time: 5:00 PM am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Please see attached info sheet. Sponsoring Organization: Little Italy Association of San Diego Chief Officer of Organization (Name) Steven Galasso, President Applicant (Name): Christopher Gomex Address: 1668 Columbia Street, San Diego, CA 92101 Daytime Phone: (619) 233.3898 Evening Phone: (619) 454.1596 Fax: 6 p 233.4866 E-Mail: Contact Person "on site" day of the event:Tobias Panek Cellular: 858.997.8853 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS s your organization a `Tax Exempt, nonprofit" organization? x YES _ NO Are admission, entry, vendor or participant fees required? X YES _ NO If YES, please explain the purpose and provide amount(s): $65, $95, and $108. Kid's rides are free. $ 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. Please see attached event guide. YES X NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: N/A _ YES X NO Does the event involve the sale or use of alcoholic beverages?Not in National City _ YES X NO Will items or services be sold at the event? If yes, please describe: Not in National City X YES _ NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X YES — NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. X YES _ NO Does the event involve the use of tents or canopies?. If YES: Number of tent/canopies (4) Sizes 10' X 10' canopies NOTE: A separate Fire Department permit is required for tents or canopies. _ YES X NO Will the event involve the use of the CAL or your stage or PA system? SPECIFY: 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): n 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 and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a dean condition.) Number of trash cans: 4 Trash containers with lids: 0 Describe your plan for clean-up and removal of waste and garbage during and after the event: Please describe your procedures for both Crowd Control and Internal Security: NInt pplirahlP fnr rir1Pr aid statinn Rnad and lane n.IosurP handled by traffic control company. _ YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES X NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. See attached event guide. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Not applicable Please provide a detailed description of your PARKING plan: Not applicable for bicycle riders. Staff will park in the streets. Please describe your plan for DISABLED PARKING: Use existing disabled parking as required. Please describe your plans to notify all residents, businesses and churches impacted by the event: Will follow direction from city staff to fullfill this requirement. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. _ YES X 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 X NO WiII sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES X NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: X YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: 18" x 18" free standing event route directional signs will be placed on route. Revised 02/29/12 ,02/02/2013 12:05 310744000: GRANFONDO TOURS . PAGE 01/01 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 GranFondo Cycling Tours Person in Charge of Activity Tobias Panek Address 13753 Woodgate PI., Poway, CA 92084 Telephone 858.997.8853 Dates) of Use 4/14113 HOLD HARMLESS AGREEMENT As a condition of the Issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or Its agents, employees or contractors. Signature of Applicant Official tale Date 2 / C / cgoo Certificate of Insurance Approved Date The Classic GranFondo San Diego April 14, 2013 Event Guide The Classic GranFondo San Diego Event Date: April 14, 2013 GranFonda Events - A subsiderary of GranFondo Cycling Tours Inc. Email: tobias@gftours.com Tel: 858-668-1739 Fax 310-744-0000 www.GirodiSanDiego.com / www.SDgranfondo.com Point of Contacts The Classic GranFondo San Dieao April 14. 2013 Event Director Tobias Panek (858) 668-1739 tobias@gftours.com Event Promoter Carrie Panek (858) 668-1739 carrie@gftours.com Permitting Todd Willis (619) 748-0242 todd@toddwillis.com Logistics Richard La China (858) 349-0710 motorichard@mac.com Hospitality / VIP Terri Stevens (619) 248-4531 terrias@cox.net Media Contact Julie Kelly (760) 672-2527 julielynnkelly@gmail.com GranFondo Events - A subsiderary of GranFondo Cycling Tours Inc. Email: tobias@gftours.com Tel: 858-668-1739 Fax 310-744-0000 www.GirodiSanDiego.com / www.SDgranfondo.com Starting Layout tri Cl to L r V) ARCH s_ Int I3. YELLOW TAPE / Flag Pennant CROWD FENCING STAGE Pre -start ko!ding area - open 6:45 s fah#; The Classic GranFondo San Diego April 14, 2013 Kettner Blvd. No Park Sat A -FRAME BARRICADES "l Fence /Barricade STAGING AREA PORTAPOTTIES OccCrVi CANDLESTICKS 10'X10'1VATER AID STATIONS LwQ Fire Lane Campy Mechanics Timing Mat GranFondo Events - A subsiderary of GranFondo Cycling Tours Inc. Email: tobias@gftours.com Tel: 858-668-1739 Fax 310-744-0000 www.GirodiSanDiego.com / www.SDgranfondo.com 4f11{4 {� SAN DIEGO Registration The Classic GranFondo San Diego Aprii 14, 2013 GRAN SAN ©IIEGO • Riders are welcome to park at the CAC in the East side of the North lot. • Rider packet pick-up will be held on the West side of the North lot of the CAC building during the expo. Available times include: 10:00 AM — 6:00 PM (Saturday) and 5:00 AM — 6:30 AM (Sunday). • Volunteers and visible signage will be posted at the CAC South exits to direct riders: • Late Packet Pick -Up? To registration tent in North lot. • Directional signs and route arrows will direct riders north or south on PCH to entrance at Cedar and Kettner or Cedar and Columbia. All other side streets on India from Beech to Fir are barricaded at Columbia and Kettner and India is closed at Ash and Hawthorne. • Designated VIP riders and Ferraris go east on Grape to Columbia and enter at Fir and Columbia through barricade. GranFondo Events - A subsiderary of GranFondo Cycling Tours Inc. Email: tobias@gftours.com Tel: 858-668-1739 Fax 310-744-0000 www.GirodiSanDiego.com / www.SDgranfondo.com Starting Timeline The Classic GranFondo San Diego April 14, 2013 • 5:30 am - Barricades at east and west Cedar and India open. GranFondo (108 mile) riders will go north past barricades on Cedar and India to north side of Date where type -A barricades and flag pennants are located. • Only cyclists are allowed in the Staging Area; pedestrians are asked to stay on the sidewalk and not get trapped behind barricades and sponsors banners for the whole length of India. VIPs should be directed to enter from Fir south into VIP area. • 6:45 am — Grand Entrance - Fencing at India and Date is opened and cyclists can proceed to wave holding line by Filippi's sign. In front of that line are crowd barricades with banners; space in between is VIP wave area. (All cyclists will take off at once — there will be no space between waves). • Soft music will be played with general welcoming announcements from the event announcer. GranFondo Events - A subsiderary of GranFondo Cycling Tours Inc. Email: tobias@gftours.com Tel: 858-668-1739 Fax 310-744-0000 www.GirodiSanDiego.com / www.SDgranfondo.com Starting Timeline Cont. The Classic GranFondo San Diego April 14 013 • 7:00am - Opening remarks and dedication, VIP, long route and short route barriers are pulled • 7:05am — National Anthem • 7:10 am - Start Ferraris and continue with energetic music • 7:15 am - Mass start (no breaks for waves) • 7:25 am - <AFTER LAST CYCLIST clears start> Close rider entries on Cedar and begin to Toad -out sponsor banners and fencing to finish positions at CAC. DO NOT move traffic control devices until all work is done and police have been notified. • 8:00 am - Diamond Trucks load -out barricades and portable restrooms. • 9:00 am (approx.) - When India between Ash and Grape is clear, ask SDPD to coordinate opening street closures. Return all traffic devices to holding area at LIA. GranFondo Events - A subsiderary of GranFondo Cycling Tours Inc. Email: tobias@gftours.com Tel: 858-668-1739 Fax 310-744-0000 www.GirodiSanDiego.com / www.SDgranfondo.com Little Italy Street Closures The Classic GranFonda San Diego April 14, 2013 • "No Parking" signs communicating date of closure • 72 hours - signs go out Wed, 4/10/13 by 5:00 pm GRAN SAN DIEGO • Saturday April 13, 2013 - 3:00 pm to Sunday April 14, 2013 at 10:00 am • Every 25' on N. & S. Date St. from Columbia to Kettner and S. Fir St. between India & Kettner • Friday March 29, 2013 - 1:00 am to 10:00 am • Every 20' to 25' on both sides of India from N. side of Ash to S. side of Grape • Use 20' for diagonal parking spaces. Both sides of Beech from Kettner to Columbia. Both sides of Cedar from Kettner to Columbia. South side of Fir from Kettner to Columbia. • Every 24 hours - replace any signs that went missing. • 3:00 pm Saturday - flyer all cars in area and re -check signs. GranFondo Events - A subsiderary of GranFondo Cycling Tours Inc. Email: tobias@gftours.com Tel: 858-668-1739 Fax 310-744-0000 www.GirodiSanDiego.com ! www.SDgranfondo.com Little Italy Street Closures Cont. The Classic GranFonda San Diego April 14. 2013 • Street Closures (India) 4/14 - 1:00 am to 9:00 am • India from north side of South Ash to south side of Grape. • Beech, Cedar, Date and Fir from east side of Kettner to west side of Columbia. • 1:00 am closure - can start towing - can close a street when empty. Monitors at all street corners while cyclists are present. • All streets open by 9:00 am Sunday 4/14/12. GranFondo Events - A subsiderary of GranFondo Cycling Tours Inc. Email: tobias@gftours.com Tel: 858-668-1739 Fax 310-744-0000 www.GirodiSanDiego.com / www.SDgranfondo.com a Little Italy Street Closures Cont. The Classic GranFonda San Diego April 14, 2013 • Street Closures {Hawthorne, Kettner, PCH and Harbor) • One wave from India makes a big "U" from Hawthorne onto 5B PCH and continues down PCH in the 5B lanes (all 58 lanes closed), until it passes onto 5B Harbor where the 5B#2 lane of Harbor is shut from PCH to Civic Center. All cyclists stop at Civic Center Dr. (5DPD and flashing lights and ride signage) and then turn right onto Tidelands. • Hawthorne EB and WB from Columbia to Harbor - 6:45 am- 7:30 am (last cyclist) • Kettner at Hawthorne (7:00 am - 7:30 am) until last cyclist passes. • PCH and E&W Grape, W Cedar, E&W Ash, E&W Broadway, W 'E', W 'F', W 'G' Sts. • SB Harbor at PCH: riders get moved into #2 lane. • No turn onto SB Harbor from 5th, Cesar Chavez, Sampson, Schlek/26th ,28th St., Wabash, W. 8th with a full stop at Civic Center Dr. GranFondo Events - A subsiderary of GranFondo Cycling Tours Inc. Email: tobias©gftours.com Tel: 858-668-1739 Fax 310-744-0000 www.GirodiSanDiego.com / www.SDgranfondo.com City Timeline The Classic GranFondo San Diego April 14, 2013 GRAN SAN DIEGO OUTBOUND Lactation Time Miles Start -NB India under Little Italy sign north of Date St.. Proceed NB to Hawthorne. <LANE CLOSURE> 7:15arn - First Wave (AMTRAK?) followed by balance of riders 0 LEFT onto WB Hawthorne & India. Proceed WB to PCH. <LANE CLOSURE> 7:16am- First Riders 7:30am - Last Riders .2 LEFT from WB Hawthorne onto SB PCH. <LANE CLOSURE> 7:17am - First Riders 7:30am - Last Riders .4 LEFT from SB PCH onto SB#2 W. Harbor Dr. <LANE CLOSURE> 7:19am - First Riders 7:35am - Last Riders 1.3 HARBOR & Convention Center <LANE CLOSURE> 7:20am - First Riders 7.40am - Last Riders 2.0 HARBOR & Cesar Chavez <LANE CLOSURE> 7;25am - First Riders 7:50am - Last Riders 3.7 RIGHT from HARBOR onto CIVIC CENTER OR. <LANE CLOSURE> 731ern - First Riders 8:00am - Last Riders 6.0 IMOD Location Time Miles LEFT from EB Civic Center Di- onto Nl3 Harbor Or. (re-enter SO). Proceed NB on Harbor To PCH. 10:15am - First Riders 4:30pm - Last Riders 0 RIGHT on PCH to Ash. Last rider - 4:50pm 4.7 LEFT on Ash (Traffic controller at Intersection of PCH and Ash) Last Rider - 5:00pm 5.9 RIGHT Into South Peridng Lot entrance of County Admin. Center FINISH - inside South Lot. 10:30am - First Riders 5:00pm - Last Riders 6.0 GranFondo Events - A subsiderary of GranFondo Cycling Tours Inc. Email: tobias@gftours.com Tel: 858-668-1739 Fax 310-744-0000 www.GirodiSanDiego.com / www.SDgranfondo.com City Timeline Cont. Nxt Pnt (nil) 0,2 0,1 1.4 0.2 Total (mi) 0.0 0.2 0.6 3.7 SIGN TYPE/NAME <ALLIOOK> The Classic GranFondo San Diego April 1 TURN -BY -TURN Directions anti SIGNAGE OUTBOUN D 2013 START LEFT ARROW LEFT ARROW LEFT ARROW Little Itaiy Sign On 1NDIA ST. at W. HAWTHORNE On HAWTHORNE at PCH On PCH at HARBOR 0.2 2.1 3.9 STRAIGHT ARROW RIGHT ARROW On HARBOR at CESAR CHAVEZ On HARBOR at CIVIC CENTER DR. INBOUND LEFT ARROW On Civic Center at E. Harbor Dr. Enter City here. RIGHT ARROW On W. Harbor at Pacific Ceast Highway LEFT ARROW On PCH at Ash St. RIGHT ARROW On Ash St. at County Admin. Center South Lot Parking. Entrance FINISH LINE In CAC South Parking at in front of South Entrance to CAC. GranFondo Events - A subsiderary of GranFondo Cycling Tours Inc. Email: tobias@gftours.com Tel: 858-668-1739 Fax 310-744-0000 www.GirodiSanDiego.com / www.SDgranfondo.com Course Map —Gran Fondo The Classic GranFondo San Diego April 14, 2013 CLASSIC GRAN FONDO 108 mi, 5,000 ft Aft lJMtgOmer K+eldre �� START / FINISH SNAS i3+1 urea Vomter Ga:espe - ° GMters F4d El Cape 20 Brown K•e+d SArk GranFondo Events - A subsiderary of GranFondo Cycling Tours Inc. Email: tobias@gftours.com Tel: 858-668-1739 Fax 310-744-0000 www.GirodiSanDiego.com / www.SDgranfondo.com ...!_' Ford Cue Sheet - Gran Fondo The Classic GranFondo San Diego April 14, 2013 0.0 0.2 Head north on India St toward W Fir St 0.2 0.1 Turn left onto W Hawthorn St 0.3 1.0 Turn left onto Pacific Hwy 1.3 4.7 Turn left onto W Harbor Dr 6.0 0.2 Turn right onto Civic Center Dr 6.2 0.6 South on Tidelands Ave 6.8 0.8 Turn left onto Bay Marina Dr 7.6 0.4 Turn right onto National City Blvd 8.0 2.0 Turn left onto E 30th St [START RULES OF R( 10.0 1.3 Turn right onto Plaza Bonita Rd [REST STOP] 11.3 1.9 Turn left onto Bonita Rd 13.2 3.0 Turn right onto Otay Lakes Rd 16.2 1.0 Continue onto La Media Rd 17.2 3.3 Turn left onto Olympic Pkwy 20.5 1.9 Turn Right in OTC [REST STOP] 22.4 1.8 Exit OTC, Left on Wueste 24.2 0.3 Turn right onto Olympic Pkwy 24.5 0.6 Right onto Wueste 25.1 8.7 Turn right onto Otay Lakes Rd 33.8 0.2 Turn left onto CA-94 34.0 7.7 Turn right onto Honey Springs Rd 41.7 7.8 Turn right onto Lyons Valley Rd 49.5 7.0 Turn left onto Japatul Rd 56.5 4.8 Slight left onto Dehesa Rd 61.3 3.2 Turn left to stay on Dehesa Rd 64.5 4.2 Turn left onto Willow Glen Dr 68.7 1.5 Turn left onto Steele Canyon Rd 70.2 7.3 Turn left onto Campo Rd [REST STOP] 77.5 8.9 Turn right onto Otay Lakes Rd 86.4 0.9 Turn left onto Lake Crest Dr 87.3 0.9 Right onto Olympic Pkwy [REST STOP] 88.2 3.1 Turn right onto Hunte Pkwy 91.3 0.9 Left onto Proctor Valley Rd 92.2 0.1 Turn right onto Mountain Miguel Rd 92.3 2.5 Left on Proctor Valley Rd 94.8 1.5 Left onto San Miguel Rd 96.3 0.1 Right onto Central Ave 96.4 1.4 Left onto Sweetwater Rd 97.8 1.4 Right at Willow st, stay on Sweetwater rd 99.2 0.2 Left onto Plaza Bonita Rd 99.4 2.7 Right onto bike path [REST STOP] 102.1 0.1 Straigh to Tidlands 102.2 1.3 Turn right onto Tidelands Ave 103.5 4.7 Left onto East Harbor dr 108.2 0.7 Right onto North Harbor Dr 108.9 Right into CAC North lot [EXPO] GranFondo Events - A subsiderary of GranFondo Cycling Tours Inc. Email: tobias@gftours.com Tel: 858-668-1739 Fax 310-744-0000 www.GirodiSanDiego.com / www.SDgranfondo.com 13 Map Detail Gran Fondo Cmaiatla_ / el The Classic GranFondo San Diego April 14, 2013 r oNatignal City a ChvtaVisx- GranFondo Events - A subsiderary of GranFondo Cycling Tours Inc. Email: tobias@gftours.com Tel: 858-668-1739 Fax 310-744-0000 www.GirodiSanDiego.com / www.SDgranfondo.com GRAN SAN DIEGO 14 Course Map — Medio Fondo START FINISH The Classic GranFondo San Diego April 14, 2013 CLASSIC MEDIO FONDO 60 mi,1,500 ft Alt GranFondo Events - A subsiderary of GranFondo Cycling Tours Inc. Email: tobiaspa gftours.com Tel: 858-668-1739 Fax 310-744-0000 www.GirodiSanDiego.com / www.SDgranfondo.com Cue Sheet-Medio Fondo 0.0 0.2 0.2 0.1 0.3 1.0 1.3 4.7 6.0 0.2 6.2 0.6 6.8 0.8 7.6 0.4 8.0 2.0 10.0 1.3 11.3 1.9 13.2 3.0 16.2 1.0 17.2 3.3 20.5 1.9 22.4 1.8 24.2 0.3 24.5 0.6 25.1 6.0 31.1 6.3 37.4 0.9 38.3 0.9 39.2 3.1 42.3 0.9 43.2 0.1 43.3 2.5 45.8 1.5 47.3 0.1 The Classic GranFondo San Diego April 14, 2013 Head north on India St toward W Fir St Turn left onto W Hawthorn St Turn left onto Pacific Hwy Turn left onto W Harbor Dr Turn right onto Civic Center Dr South on Tidelands Ave Turn left onto Bay Marina Dr Turn right onto National City Blvd Turn left onto E 30th St [START RULES OF F Turn right onto Plaza Bonita Rd [REST STOF Turn left onto Bonita Rd Turn right onto Otay Lakes Rd Continue onto La Media Rd Turn left onto Olympic Pkwy Turn Right in OTC [REST STOP] Exit OTC, Left on Wueste Turn right onto Olympic Pkwy Right onto Wueste Turn right onto Otay Lakes Rd Make U-turn [TURN AROUND] Turn left onto Lake Crest Dr Right onto Olympic Pkwy [REST STOP] Turn right onto Hunte Pkwy Left onto Proctor Valley Rd Turn right onto Mountain Miguel Rd Left on Proctor Valley Rd Left onto San Miguel Rd Right onto Central Ave SAN DIEGO 47.4 1.4 Left onto Sweetwater Rd 48.8 1.4 Right at Willow st, stay on Sweetwater rd 50.2 0.2 Left onto Plaza Bonita Rd 50.4 2.7 Right onto bike path [REST STOP] 53.1 0.1 Straigh to Tidlands 53.2 1.3 Turn right onto Tidelands Ave 54.5 4.7 Left onto East Harbor dr 59.2 0.7 Right onto North Harbor Dr 59.9 Right into CAC North lot [EXPO] GranFondo Events - A subsiderary of GranFondo Cycling Tours Inc. Email: tobias@gftours.com Tel: 858-668-1739 Fax 310-744-0000 www.GirodiSanDiego.com / www.SDgranfondo.com j i> Map Detail — Medio Fondo The Classic GranFondo San Diego April 14, 2013 GRAN SAN DIEGO •Si Dnado QYri St Fede!a; Bb GVvtf wi2t.A_ National City q y Easknaza"dZ. GranFondo Events - A subsiderary of GranFondo Cycling Tours Inc. Email: tobias@gftours.com Tel: 858-668-1739 Fax 310-744-0000 www.GirodiSanDiego.com / www.SDgranfondo.com v�v 0 fZ,t1 17 Map Detail — Medio Fondo The Classic GranFondo San Diego April 14, 2013 GRAN SAN DIEGO DISTANCE 59.14 mi GranFondo Events - A subsiderary of GranFondo Cycling Tours Inc. Email: tobias@gftours.com Tel: 858-668-1739 Fax 310-744-0000 www.GirodiSanDiego.com / www.SDgranfondo.com ac) GRAN SAN DIEGO CLASSIC PICCOLO FONDO 38 mi, 900 ft Alt Course Map Piccolo Fondo The Classic GranFondo San Diego April 14, 2013 START FINISH xa GranFondo Events - A subsiderary of GranFondo Cycling Tours Inc. Email: tobias@gftours.com Tel: 858-668-1739 Fax 310-744-0000 www.GirodiSanDiego.com / www.SDgranfondo.com Xc) Cue Sheet - Piccolo Fondo 0.0 0.2 0.2 0.1 0.3 1.0 1.3 4.7 6.0 0.2 6.2 0.6 6.8 0.8 7.6 0.4 8.0 2.0 10.0 1.3 11.3 1.9 13.2 3.3 16.5 2.6 19.1 1.0 20.1 1.0 21.1 0.1 21.2 2.5 23.7 1.5 25.2 0.1 25.3 1.4 26.7 1.4 28.1 0.2 28.3 2.7 31.0 0.1 31.1 1.3 32.4 4.7 37.1 0.7 37.8 The Classic GranFondo San Diego April 14, 2013 Head north on India St toward W Fir St Turn left onto W Hawthorn St Turn left onto Pacific Hwy Turn left onto W Harbor Dr Turn right onto Civic Center Dr South on Tidelands Ave Turn left onto Bay Marina Dr Turn right onto National City Blvd Turn left onto E 30th St [START RULES OF ROAC Turn right onto Plaza Bonita Rd [REST STOP] Turn left onto Bonita Rd Turn right onto Otay Lakes Rd Left onto Otay Lakes Rd Left onto Hunte Pkwy Left onto Proctor Valley Rd Turn right onto Mountain Miguel Rd Left on Proctor Valley Rd Left onto San Miguel Rd Right onto Central Ave Left onto Sweetwater Rd Right at Willow st, stay on Sweetwater rd Left onto Plaza Bonita Rd Right onto bike path [REST STOP] Straigh to Tidlands Turn right onto Tidelands Ave Left onto East Harbor dr Right onto North Harbor Dr Right into CAC North lot [EXPO] GranFondo Events - A subsiderary of GranFondo Cycling Tours Inc. Email: tobias@« gftours.com Tel: 858-668-1739 Fax 310-744-0000 www.GirodiSanDiego.com / www.SDgranfondo.com I0 Map Detail — Piccolo Fondo The Classic GranFondo San Diego April 14, 2013 GranFondo Events - A subsiderary of GranFondo Cycling Tours Inc. Email: tobias@gftours.com Tel: 858-668-1739 Fax 310-744-0000 www.GirodiSanDiego.com / www.SDgranfondo.com GRAN �c SAN DIEGO AWR,f, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 03/04/13 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 policyties) must be endorsed. Ir 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 Hcm Event Insurance Services, Inc. 1407 Foothill Blvd #228 La Verne, CA 91750 Phone (866) 866-7090 INSURED Bicycle Ride Directors Association 755 N. Leafwood Brea, CA 92821- Fax (866) 496-5968 (562)690-9693 CONTACT NAME: Ed Moore PHONE 8866-7090 496-5968(FAX NCoExtt() A/, E-MAIL ADDRESS ed@hcmeve nt insu ra n ce.co m INSURER(S) AFFORDING COVERAGE INSURER A: Lexington Insurance Company NAIC # INSURER B: Houston Casualty Company INSURER C INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE INSRL SWVD POLICY NUMBER (UBR MMIDDIYYEYYY) (MM/DDIYYYYL LIMITS A A B GENERAL LIABILITY .1,9l COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ICI OCCUR $10,000 Inland Marine Property 1,/J Liquor liability GEN'L AGGREGATE LIMIT APPLIES PER'. ,11 POLICY ❑ ECT ❑ LOC AUTOMOBILE LIABILITY _] ❑_II [�J Li EXCESS LIAR ANY AUTO ALL OWNED AUTOS HIRED AUTOS UMBRELLA LIAB ❑SCHEDULED AUTOS NON -OWNED N,I AUTOS ❑ OCCUR I_I CLAIMS -MADE ❑ DED ❑ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) __) If yes, descnbe under DESCRIPTION OF OPERATONS below Y Y NIA N N 075-715803 075-715803 01/01/2013 01/01/2013 01/01/2014 01/01/2014 EACH OCCURRENCE DAMAGE TO RENTED PREMISES Ea occurrence) $ 1,000,000.00 $ 300,000.00 MED EXP (Any one person) ! $ $ 1,000,000.00 PERSONAL & ADV INJURY GENERAL AGGREGATE $ 2,000,000.00 PRODUCTS - COMP/OP AGO $ 1,000,000.00 COMBINED SINGLE LIMIT 1,o I3oi),I)0 LEe accident) $ BODILY INJURY (Per person) S BODILY INJURY (Per accident)'i $ PROPERTY DAMAGE er accident EACH OCCURRENCE $ I $ $ ❑WC STATII- OTH- •- ❑ r AGGREGATE E.L. EACH ACCIDENT $ E L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ Excess Medical 13/7002331 01/01/2013 01/01/2014 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Additional Named Insured to read; Gran Fondo Cycling Tours Event, Campagnolo Gran Fondo San Diego Date; April 13 - 14, 2013 Certificate holder added as additional insured CERTIFICATE HOLDER City of National City 1243 National City Blvd. National City, CA 91950 each person $10,000 CANCELLATION 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 akosict--- ACORD 25 (2010/05) CIF ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD D Ad Ev Da Ce C 1a.----�"� CERTIFICATE OF LIABILITY INSURANCE ESCRIPTION DATE(MM/DD/YYYY) 03/04/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE MOLDER. THIS POLICIES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION 13 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 Hcm 1407 La Phone INSURED Bicycle 755 Brea, COVERAGES THIS INDICATED_ CERTIFICATE EXCLUSIONS ISR .TR li ditional ant; te; rtificate RTIFICATE Event Insurance Services, Inc. Foothill Blvd #228 Verne, CA 91750 (866) 866-7090 Fax (866) 496-5968 CONTACT Ed Moore NAME: PHONE FAX c (866) 866-7090 No): (666) 496-5968 _(A/C QREss. ed@hcmeventinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Lexington Insurance Company Ride Directors Association N. Leafwood CA 92821- -- - - --- — — CERTIFICATE (562)690-9693 INSURER B : Houston Casualty Company INSURER C : INSURER I): INSURER E: INSURER F: NUMBER: REVISION NUMBER: IS TO CERTIFY THAT THE POLICIES NOTWITHSTANDING ANY REQUIREMENT, MAY BE ISSUED OR MAY PERTAIN, AND CONDITIONS OF SUCH OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER OD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. TYPE OF INSURANCE ADDL�SUBR INSR WVD POLICY EFF POLICY NUMBER (MM/DD/YYYY) POLICY EX (MM/DYY) LIMITS GENERAL LIABILITY r1%� COMMERCIAL GENERAL LIABILITY Li.1I3 CLAIMS -MADE ]✓I OCCUR V] $10,000 Inland Marine Property Y Y N N 075-715803 075-715803 01/01/2013 01/01/2013 01/01/2014 01/01/2014 EACH OCCURRENCE $ 1,000,000.00 DAMAGE TO PREMISES a occurrence) $ 300,000.00 ) ME Any one person) i $ PERSONAL & ADV INJURY I $ 1,000,000.00 jam] Liquor liability GENERAL AGGREGATE $ 2,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: 1 POLICY C JET F LOC AUTOMOBILE LIABILITY ] ANY AUTO ALL OWNED f 11 SCHEDULED LI AUTOS Li] AUTOS -d) HIRED AUTOS J NNOTN-OWNED 1 PRODUCTS - COMP/OP AGG , $ 1,000,000.00 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000.00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ 1.' _I1 UMBRELLA LIAB OCCUR Ll EXCESS LIAB 17 CLAIMS -MADE N I A EACH OCCURRENCE $ J AGGREGATE $ $ WC STATU- OTH- ❑T RYLIMITS LJ ER L] DED Ell RETENTION WORKERS COMPENSATION AND EMPLOYERS'LIABILITY y)N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) EL. EACH ACCIDENT I 5 E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E L. DISEASE -POLICY LIMIT' $ Excess Medical OF OPERATIONS / LOCATIONS / VEHICLES Named Insured to read; Gran Fondo Campagnolo Gran Fondo San Diego April 13 - 14, 2013 holder added as additional insured (Attach Cycling Tours 13/7002331 ACORD 101, Additional Remarks Schedule, 01/01/2013 if more space 01/01/2014 is required) each person 310,000 HOLDER CANCELLATION City of Chula Vista It's officials, officers, agents, employees and volunteers 276 4th Ave. Chula Vista, CA 91910 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 aki.e.t•' ACORD 25 (2010/05) QF 01988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACC n� CERTIFICATE OF LIABILITY INSURANCE DATE {MM/OD/YVVY) 03/04/13 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 policylies) 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 thls certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hcm Event Insurance Services, Inc. 1407 Foothill Blvd #228 La Verne, CA 91750 Phone (866) 866-7090 INSURED Bicycle Ride Directors Association 755 N. Leafwood Brea, CA 92821- Fax (866) 496-5968 CONTACT NAME PHONE EC. No, Est) -MAILN _ADDRESS: INSURER A : Ed Moore (866) 866-7090 ed hcmeventinsurance.com L1A FAxC, No): (866)496-5968 INSURERS) AFFORDING COVERAGE Lexington Insurance Company (562)690-9693 INSURER B Houston Casualty Company INSURER C INSURER 0 INSURER E INSURER F : NAIC O COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTRINSR WVp POLICY NUMBER (MMIDDIYYYY] IMMIDD/YYYY) A A B GENERAL LIABILITY •4/1 COMMERCIAL GENERAL LIABILITY Li Li CLAIMS.MADE '-‘2. OCCUR $10,000 Inland Marine Property Liquor liability GEN'L AGGREGATE LIMIT APPLIES PER: ❑ POLICY ❑ JECT C LOC AUTOMOBILE LIABILITY ANY AUTO •1 ALL OWNED 1AUTOS �I1 HIRED AUTOS ❑SCHEDULED AUTOS NON -OWNED Yj AUTOS [1 Y Y N 075-715803 N 075-715803 01/01/2013 01/01/2013 01/01/2014 01/01/2014 LIMITS EACH OCCURRENCE $ 1,000,000.00 DAMAGE TO RENTED 3OO OOO•OO PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 1,000,000.00 GENERAL AGGREGATE $ 2,000,000.00 PRODUCTS - COMP/OPAGG$ 1,000,000.00 $ COMBINED SINGLE LIMIT (Ea accident) I $ 1OOO,OOO.00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident J UMBRELLA LIAR 1 EXCESS LIAB ❑ OCCUR ❑ CLAIMS -MADE I. J DED Li RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PAR I NER/EXECUTVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below 1 NIA EACH OCCURRENCE ' $ AGGREGATE :$ ❑ TORY LIMTS ❑ EER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ Excess Medical 13/7002331 01/01/2013 01/01/2014 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Additional Named Insured to read; Gran Fondo Cycling Tours Event, Campagnolo Gran Fondo San Diego Date; April 13 - 14, 2013 Certificate holder added as additional insured CERTIFICATE HOLDER City of San Diego It's Officers, agents & employees 1250 Third Ave. #1000 San Diego, CA 92101 each person $10,000 CANCELLATION 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 © 1998-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) QF The ACORD name and logo are registered marks of ACORD L_ ACR DATE (MM/DDIYYYY) 03/04/13 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. CERTIFICATE OF LIABILITY INSURANCE 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 endarsement(s). PRODUCER Hcm Event Insurance Services, Inc. 1407 Foothill Blvd #228 La Verne, CA 91750 Phone (866) 866-7090 INSURED Bicycle Ride Directors Association 755 N. Leafwood Fax (866) 496-5968 Brea, CA 92821- (562)690-9693 CONTACT NAME: Ed Moore PHONE (A/C ILNo EKt): (866) 866-7090 A ADDRESS' INSURER A: INSURER B: ed @hcmeventinsu ra nce.co m INSURER(S) AFFOR DING COVERAGE Lexington Insurance Company Houston Casualty Company FAX A/X I, No): (866)496-5968 NAIC # INSURER C INSURER D INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER OD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL UBR LTR TYPE OF INSURANCE INSR �WVD POLICY NUMBER POLICY EFF POLICY EXP (MM/DDIYYYY) (MMIDD/YVYV) LIMITS GENERAL LIABILITY A A B [�/ii COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR $10,000 Inland Marine Property kde Liquor liability GEN'L AGGREGATE LIMIT APPLIES PER: r1 POLICY J JEO- AUTOMOBILE LIABILITY I� f -7 1�7 ANY AUTO ALL OWNED AUTOS HIRED AUTOS C LOC SCHEDULED AUTOS NON -OWNED AUTOS Y Y N 075-715803 075-715803 01/01/2013 01/01/2013 01/01/2014 01/01/2014 EACH OCCURRENCE $ 1,000,000.00 DAMAGE TO RENTED 300,000.GO PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 1,000,000.00 GENERAL AGGREGATE $ 2,000,000.00 PRODUCTS - COMP/OP AGG $ 1,000,000.00 $ COMBINED SINGLE LIMIT 1 OOO,OOQ00 (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident). $ PROPERTY DAMAGE (Per accident) UMBRELLA LIAB 7 EXCESS LIAB LI OCCUR LI CLAIMS -MADE U DED LJ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Excess Medical 1 NIA 13/7002331 01/01/2013 01/01/2014 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Additional Named Insured to read; Gran Fondo Cycling Tours Event; Campagnolo Gran Fondo San Diego Date; April 13 - 14, 2013 Certificate holder added as additional insured EACH OCCURRENCE $ AGGREGATE $ $ ❑WC STATU- ORY_J;IMNS L OTH- E.L.EACH ACCIDENT I $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT I $ each person $10,000 CERTIFICATE HOLDER CANCELLATION County of San Diego, Its Officers, Agents & Employees/ c/o DPW Traffic Engineering Section 5649 Kearny Villa Rd. #201 San Diego, CA 92123-1159 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) QF The ACORD name and logo are registered marks of ACORD ACC)RD� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYVY) 03/04/13 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(iesi 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 Hcm Event Insurance Services, Inc. 1407 Foothill Blvd #228 La Verne. CA 91750 Phone (866) 866-7090 INSURED Bicycle Ride Directors Association 755 N. Leafwood Fax (866) 496-5968 Brea, CA 92821- (562)690-9693 CONTACT NAME: Ed Moore a PHONE Eel): (866) 866-7090 FAX No): (866) 496-5968 AODRE ed@hcmeventinsurance.com ADDRESS: INSURER A INSURER 8: INSURER C : INSURER D : INSURER() AFFORDING COVERAGE Lexington Insurance Company Houston Casualty Company NAIC # INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. INSR ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INS& VI/VD POLICY NUMBER IMMIDD/YYYY) (MM/DDIYYYY) A A GENERAL LIABILITY 1,/1 COMMERCIAL GENERAL LIABILITY [_I CLAIMS -MADE Fie OCCUR lie( $ 10,000 Inland Marine Property (✓� Liquor liability GENT AGGREGATE LIMIT APPLIES PER: ❑ POLICY F. —�'' JECT PRO- - LOC AUTOMOBILE LIABILITY [] ANY AUTO ALL OWNED HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS Y Y N N 075-715803 075-715803 01/01/2013 01/01/2013 01/01/2014 01/01/2014 LIMITS EACH OCCURRENCE $ 1,000,000.00 DAMAGE TO RENTED 30D,000.00 PREMISES (Ea occurrence) $ MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE $ $ 1,000,000.00 $ 2,000,000.00 PRODUCTS - COMP/OP AGG $ 1,000,000.00 $ COMBINED SINGLE LIMIT (Ea accident) ' $ BODILY INJURY (Per person) $ 1,000,000.00 BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) UMBRELLA LIAB ❑ 1 EXCESS LIAR ❑ CLAIMS -MADE Li DED ❑ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY OCCUR V/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) L If yes, describe under DESCRIPTION OF OPERATIONS below NIA EACH OCCURRENCE AGGREGATE WC STATU- OTH- ❑ TORY LIMITS ❑ ER E.L. EACH ACCIDENT , $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ 6 Excess Medical 13/7002331 01/01/2013 01/01/2014 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Additional Named Insured to read, Gran Fondo Cycling Tours Event; Campagnolo Gran Fondo San Diego Date; April 13 - 14, 2013 Certificate holder added as additional insured CERTIFICATE HOLDER each person $10,000 Little Italy Association 1668 Columbia St San Diego, CA 92101 L CANCELLATION ACORD 25 (2010/05) QF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATIVE aissyce- © 19ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACCjitri DATE(MM(DD/YYYY) 03/04/13 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 to lieu of such endorsement(s). PRODUCER Hcm Event Insurance Services, Inc. 1407 Foothill Blvd #228 La Verne, CA 91750 Phone (866) 866-7090 INSURED Bicycle Ride Directors Association 755 N. Leafwood Brea, CA 92821- Fax (866) 496-5968 (562)690-9693 COVERAGES CERTIFICATE NUMBER: CERTIFICATE OF LIABILITY INSURANCE CONTACT NAME: Ed Moore PHONE INC. No. ENT): E-MAIL ADDRESS- INSURER A : INSURER B : INSURER C : (866) 866-7090 ed@hcmeyenlinsurance.com INSURER(S) AFFORDING COVERAGE Lexington Insurance Company Houston Casualty Company INSURER 0 : INSURER E: INSURER F : FAX (A/C No): (866) 496-5968 NAIC N REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE - INSR WVD POLICY NUMBER (MMIDDIYYYY) (MMIDD/YYYYj GENERAL LIABILITY A A B Ik/l COMMERCIAL GENERAL LIABILITY ❑ CLAIMS -MADE WI OCCUR fW1 $10,000 Inland Marine Properly 1j Liquor liability GE--JIN'L AGGREGATE LIMIT APPLIES PER: r_J POLICY ❑ PR0. JECT LOC AUTOMOBILE LIABILITY r ANY AUTO I ALL OWNED II AUTOS HIRED AUTOS ❑ ❑ ❑f—I OCCUR LJ CLAIMS -MADE SCHEDULED Li AUT AUTO NON-OWNEDS L'J Li UMBRELLA LIAR ❑ EXCESS LIAB Y Y N N 075-715803 075-715803 01/01/2013 01/01/2013 01/01/2014 01/01/2014 LIMITS EACH OCCURRENCE 1 $ 1,000,000.00 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000.00 MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ 1,000,000.00 GENERAL AGGREGATE $ 2,000,000.00 PRODUCTS - COMP/OP AGG $ 1,000,000.00 COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ 1, 000, 000.00 BODILY INJURY (Per accident), $ PROPERTY DAMAGE (Per accident) ❑ DED ❑ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Excess Medical NIA 13/7002331 01/01/2013 01/01/2014 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Additional Named Insured to read; Gran Fondo Cycling Tours Event; Campagnolo Gran Fondo San Diego Date; April 13 - 14, 2013 Certificate holder added as additional insured EACH OCCURRENCE S AGGREGATE !$ ❑WC STATU- OTH- TORY LIMITS ❑ ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYE, $ E.L. DISEASE - POLICY LIMIT , $ each person $10,000 CERTIFICATE HOLDER CANCELLATION Gran Fondo Cycling Tours Tobias and Came Panek 13753 Woodgate Place Poway, CA 92064 ACORD 25 (2010/05) CIF 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 <01.Pet-- 01988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Ac-GRl � DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE L 03/04/13 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 Hcm Event Insurance Services, Inc. 1407 Foothill Blvd #228 La Verne, CA 91750 Phone (866) 866-7090 INSURED Fax (866)496-5968 CONTACT NAME: Ed Moore INCNE ° No EMI' (866) 866-7090 FAX No). (666) 496-5968 E-MAIL ADDRESS. ed@hcmeventinsurance.com INSURER(S) AFFORDING COVERAGE INSURER A : Lexington Insurance Company INSURER B : Houston Casualty Company Bicycle Ride Directors Association INSURER C: 755 N. Leafwood INSURER D : Brea, CA 92821- (562)690-9693 INSURER E: COVERAGES CERTIFICATE NUMBER: INSURER F : NAIC C REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 'TYPE OF INSURANCE ADDLISUBR POLICY EFF POLICY EXP LTR _ - INSR WV POLICY NUMBER (MM/DDIYYYY) (MM!DO1YYYY) A A GENERAL LIABILITY ICJ COMMERCIAL GENERAL LIABILITY �_. I I I CLAIMS -MADE ❑J OCCUR $10,000 Inland Marine Property ICJ Liquor liability GEN'L AGGREGATE LIMIT APPLIES PER. I i POLICY 11 jECT LOC AUTOMOBILE LIABILITY I__I ANY AUTO ALL OWNED 1 SCHEDULED I._ AUTOS '.....I AUTOS Imo' HIRED AUTOS NI NON -OWNED AUTOS N-O I UMBRELLA LIAR OCCUR i EXCESSLIAB B LJL-I CLAIMS -MADE L1 DEO ❑ RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY V I N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED'/ (Mandatory in NH) r If yes, describe under DESCRIPTION OF OPERATIONS below Y Y N/A 01/01/2013 01/01/2013 01/01/2014 01/01/2014 LIMITS EACH OCCURRENCE - $ 1,000,000.00 DAMAGE TO RENTED 300,000,00 PREMISES (Ea occurrence) $ MED EXP (Any one person) PERSONAL & ADV INJURY $ 1,000,000.00 GENERAL AGGREGATE $ 2,000,000.00 PRODUCTS- COMPIOP AGG $ 1,000,000.00 COMBINED SINGLE LIMIT 1 000,000.00 (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) EACH OCCURRENCE 5 AGGREGATE ❑ TORY H LIMITS LA ER $ E.L. EACH ACCIDENT ; 5 E.L. DISEASE- EA EMPLOYE', $ E.L. DISEASE - POUCY LIMIT $ B Excess Medical 13/7002331 01/01/2013 01/01/2014 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 1 M, Additional Remarks Schedule, if more space is required) Additional Named Insured to read; Gran Fondo Cycling Tours Event; Campagnolo Gran Fondo San Diego Date; April 13 - 14, 2013 Certificate holder added as additional insured each person $10,000 CERTIFICATE HOLDER CANCELLATION State of California Its officers, agents. Employees & servants 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) QF The ACORD name and logo are registered marks of ACORD "Ss-11......^ JG.J CERTIFICATE OF LIABILITY INSURANCE 1r� DATE(MM/DD/YYYY) 03/04/13 _ 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 policyges) 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 endorsements). PRODUCER CONTACT Ed Moore NAME: Hcm Event Insurance Services, Inc. PAHic. ONE No. Extl: (866) 866-7090 lac, No). (866) 496-5968 1407 Foothill Blvd #228 .1 EMAIL edhcmeventinsurance.com La Verne, CA 91750 INSURER(SLAFFORDING COVERAGE NAIC # Phone (866) 866-7090 Fax (866) 496-5968 INSURER A : Lexington Insurance Company INSURED INSURER a : HoUslon Casualty Company ' Bicycle Ride Directors Association INSURER C : ' 755 N. Leafwood INSURER O : Brea, CA 92821- (562)690-9693 INSURER E: - INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSR WVD POLICY NUMBER POLICY EFF (MMIDDIYYri) POLICY EXP (MMIDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000.00 [/1 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) ,300,000.03 $ A ❑ ❑ CLAIMS -MADE 0 OCCUR Y N 715803 075- MED EXP (Any one person) $ (� $10,000 Inland Marine Property 01/01/2013 01/01/2014 PERSONAL 8 ADV INJURY $ 1,000,000.00 L Liquor liability GENERAL AGGREGATE $ 2,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: ❑ POLICY ❑ JECT ❑ LOC AUTOMOBILE LIABILITY PRODUCTS - COMP/OP AGG $ 1,000,000.00 1 $ - - COMBINED SINGLE LIMIT I Ea accident $ 1,000,000.00 7BODIANYAUTO ALL OWNED SCHEDULED LY INJURY (Per person) I $ A II f-1 _J AUTOS 1 AUTOS NON Y N 075-715803 01/01/2013 01/01/2014 BODILY INJURY ) (Per accident $ �/ HIRED AUTOS C�1 -OWNED �__� AUTOS PROPERTY DAMAGE er accident $ IIT�J Li J $ L7 UMBRELLA LIAB ❑ OCCUR 1 EACH OCCURRENCE $ J L EXCESS LIAB ❑ CLAIMS -MADE AGGREGATE $ ❑ DED [1 RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ❑ TVCY LIMITS me ERH' $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N I A E L. EACH ACCIDENT $ (Mandatory in NH) If yes, describe under E.L. DISEASE- EA EMPLOYE $ DESCRIPTION OF OPERATIONS below _ ' E.L. DISEASE - POLICY LIMIT 1 $ 6 DESCRIPTION Additional Event; Date; Certificate Excess Medical OF OPERATIONS 1 LOCATIONS 1 VEHICLES Named Insured to read; Gran Fondo Campagnolo Gran Fondo San Diego April 13 - 14, 2013 holder added as additional insured (Attach Cycling 13/7002331 ACORD 101, Additional Remarks Schedule, Tours 01/01/2013 It more space 01/01/2014 is required) each person $10,000 CERTIFICATE HOLDER CANCELLATION Campagnolo North America 5431 Avenida Encinas SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Carlsbad, CA 92006 L AUTHORIZED REPRESENTATIVE ahl.e.C" ACORD 25 (2010/05) QF ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 03/04/13 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. H SUBROGATION IS WANED, 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 Hcm Event Insurance Services, Inc. 1407 Foothill Blvd #228 La Verne, CA 91750 Phone (866) 866-7090 INSURED Bicycle Ride Directors Association 755 N. Leafwood Fax (866) 496-5968 Brea, CA 92821- (562)690-9693 CONTACT NAME: Ed Moore PHONE INC. No Ext): (866) 866-7090 E-MAIL ADDRESS ed@hcmeventinsurance.com INSURER A : INSURER(, AFFORDING COVERAGE Lexington Insurance Company INSURER B: Houston Casualty Company INC.AX FNo): (866) 496-5968 NAIC # INSURER C : INSURER D INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER OD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OFINSURANCE ADDLSUBR. LTR !INSR WVD. A A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY Li CLAIMS -MADE V OCCUR IJj $10,000 Inland Marine Property Liquor liability GEN'L AGGREGATE LIMIT APPLIES PER: L_I POLICY LI JECT C LOC AUTOMOBILE LIABILITY L_L ANY AUTO AUTOS NED u AUTOS ULED 141 HI HIRED AUTOS AUTOS NON -OWNED LI ❑ Y Y POLICY NUMBER N 075-715803 N 075-715803 POLICY EFF IMMIDD!YYYY) 01/01/2013 01/01/2013 POLICY EXP LIMITS (MM/DDIYYYY) 01/01/2014 01/01/2014 EACH OCCURRENCE ! $ 1,000,000.00 DAMAGE TO RENTED PREMISES (Fa occurrence) $ 300,000.00 ED EXP (Any one person) , $ PERSONAL 8 ADV INJURY $ 1,000,000.00 GENERAL AGGREGATE $ 2,000,000.00 PRODUCTS - COMPIOP AGG $ $ COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ 1,000,000.00 1,000,000.00 BODILY INJURY (Per accident)'., PROPERTY DAMAGE (Per accident) L ' UMBRELLA LIAB OCCUR EXCESS LIAB LJ CLAIMS -MADE DED LI RETENTION $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED, (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA B Excess Medical 13/7002331 01/01/2013 01/01/2014 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Additional Named Insured to read; Gran Fondo Cycling Tours Event; Campagnolo Gran Fondo San Diego Date; April 13 - 14, 2013 Certificate holder added as additional insured EACH OCCURRENCE $ AGGREGATE $ $ r WC STATU- OTH- L_J TORY LIMITS LJ ER E L EACH ACCIDENT $ E.L. DISEASE EA EMPLOYE $ E.L. DISEASE- POLICY LIMIT $ each person $10,000 CERTIFICATE HOLDER CANCELLATION J Challenged Athletes Foundation 2148 Jimmy Durable Blvd. #B Del Mar, CA 92014 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 akiret- © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) QF The ACORD name and logo are registered marks of ACORD AC:cm/et.► CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 03/04/13 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: It 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 Hcm Event Insurance Services, Inc. 1407 Foothill Blvd #228 La Verne, CA 91750 Phone (866) 866-7090 Fax (866) 496-5968 CONTACT NAME: Ed Moore PHoNo. Extl: (866) 866-7090 FAX INC ryol; (866) 496-5968 -MAIL ADDRESS: ed�ccmeventinsurance.com INSURER(S) AFFORDING COVERAGE NAILS INSURER A Lexington Insurance Company INSURED Bicycle 755 Brea, COVERAGES Ride Directors Association N. Leafwood CA 92821- (562)690-9693 INSURER B : Houston Casualty Company INSURER C : INSURER D: INSURERS: INSURER F : CERTIFICATE NUMBER: REVISION NUMBER: THIS INDICATED. CERTIFICATE EXCLUSIONS INSR LTR A A IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER OD NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE ADDL INSR UBR WV POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDDIYYYY) LIMITS GENERAL LIABILITY Imo] COMMERCIAL GENERAL LIABILITY Ll lJ CLAIMS -MADE (J1 OCCUR [d] $10,000Inland Marine Properly Y Y N N 075-715803 075-715803 01l0112013 01/01/2013 01l01l2014 01/01/2014 EACH OCCURRENCE i $ 1,000,000.00 E TO REED PREMISES (Ea occur ence) $ 300,000.00 MED EXP (Any one person) $ & ACV INJURY $ 1,000,000.00 -�TPERSONAL Nwl Liquor liability GENERAL AGGREGATE $ 2,000,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGGI $ 1,000,000.00 $ COMBINED SINGLE LIMIT 1,000000.00 (Eaaccidert_ $ , ❑ POLICY • PROT L LOC JEC AUTOMOBILE LIABILITY ❑ ANY AUTO [ ] AUTOS NED . SAUHEGULED dl HIRED AUTOS LJ NON -OWNED 1 Ll ❑ BODILY INJURY (Per person) i $ BODILY INJURY (Per accident! $ PROPERTY DAMAGE (Per accident) $ . $ [-El 7 UMBRELLA LIAB ❑ OCCUR ] EXCESS LIAB El CLAIMS -MADE N f A EACH OCCURRENCE $ AGGREGATE i $ I $ ❑ DED ❑ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY yIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below • TCRY MIN' • ERH E L. EACH -ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMB $ B DESCRIPTION Additional Event; Date; Certificate Excess Medical OF OPERATIONS / LOCATIONS f VEHICLES Named Insured to read; Gran Fondo Campagnolo Gran Fondo San Diego April 13 - 14, 2013 holder added as additional insured Cycling (Attach 13/7002331 ACORD 101, Additional Remarks Schedule, Tours 01/01/2013 if more space 01/01/2014 Is required) each person S10,000 CERTIFICATE HOLDER CANCELLATION Girl Scouts L 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 ahrte- ACORD 25 (2010/05) QF 1908-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AMR13# CERTIFICATE OF LIABILITY INSURANCE ! DATE(MMIDD/YYYY) 03/04/13 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 pol(cy(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 Hcm Event Insurance Services, Inc. 1407 Foothill Blvd #228 La Verne, CA 91750 Phone (866) 866-7090 INSURED Bicycle Ride Directors Association 755 N. Leafwood Brea, CA 92821- Fax (866) 496-5968 (562)690-9693 CONTACT NAME: Ed Moore PHONE 866-7090 tac. Exit (866) edthemeveali nsura nce.com E-MAIL ADDRESS: 1 (AJC No): (866) 496-5968 INSURER(S) AFFORDING COVERAGE INSURER A : Lexington Insurance Company NAIC >Y INSURER B : Houston Casualty Company INSURER C INSURER D : INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL UBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE J SR WV r POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY1 GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY Li CLAIMS -MADE IJ OCCUR A Ikf $10,000 Inland Marine Property iv] Liquor liability G EEN'L AGGREGATE LIMIT APPLIESILIPER: L J POLICY ❑ 78, 1- -' Loc AUTOMOBILE LIABILITY 1 ANY AUTO A Li AUTOS NED Li SCHEDULED L' AUTOS WI HIRED AUTOS C) AUTOS ON -OWNED LJ Y Y N 075-715803 075-715803 01/01/2013 01/01/2013 01/01/2014 01/01/2014 LIMITS EACH OCCURRENCE $ 1 , 000,000.00 DAMAGE TO RENTED 300 000.00 PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 1,000,000.00 GENERAL AGGREGATE $ 2,000,000.00 PRODUCTS - COMP/OP AGG $ 1,000,000.00 s COMBINED SINGLF LIMIT 1,000,000.00 (Ea accident) $ BODILY INJURY (Per person) $ BOOM Y INJURY (Per accident)' $ PROPERTY DAMAGE $ (Per accident) $ L UMBRELLA LIAB n OCCUR EXCESS LIAB n CLAIMS -MADE Li DED LI RETENTION$ WORKERS COMPENSATION AND EMPLOYERS LIABILITY Y / N ANY PROPRIETOR/PAR INER/EXECUTIVE OFFICER/MEMBER EXCLUDED? C� (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below 8 Excess Medical NIA 13/7002331 01/01/2013 01/01/2014 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Additional Named Insured to read; Gran Fonda Cycling Tours Event, Campagnolo Gran Fondo San Diego Date; April 13 - 14, 2013 Certificate holder added as additional insured EACH OCCURRENCE $ AGGREGATE 1$ $ 7-1 WC STATU- r OTH TORY LIMITS C' ER E L. EACH ACCIDENT $ E. L. DISEASE - EA EMPLOYE $ E. L. DISEASE - POLICY LIMIT $ each person $10,000 CERTIFICATE HOLDER CANCELLATION Horsby Properties L 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 REPRESENTATNE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) QF The ACORD name and logo are registered marks of ACORD ACC- RDA DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 03/04/13 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(les) 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 Hem Event Insurance Services, Inc. 1407 Foothill Blvd #228 La Verne, CA 91750 Phone (866) 866-7090 Fax (866) 496-5968 INSURED Bicycle Ride Directors Association 755 N. Leafwood Brea, CA 92821- (562)690-9693 CONTACT NAME: Ed Moore PHONE (866) 866-7090 E-MAIL ADDRESS' ed@hCmeyentinsurance.com DRL INSURER A: INSURER B : INSURER C : INSURER D INSURER(S) AFFORDING COVERAGE Lexington Insurance Company Houston Casualty Company FAX A No (866) 4965968 NAIC # INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL UBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER GENERAL LIABILITY (MM(DD/YYYY) (MMfODIYYYY) A A B jell COMMERCIAL GENERAL LIABILITY L� ❑ CLAIMS -MADE U OCCUR V $10,000 Inland Marine Property L Liquor liability GEN'L AGGREGATE LIMIT APPLIES PER Li POLICY Li JECT Li LOC AUTOMOBILE LIABILITY l Ill ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED ❑ AUTOS NON -OWNED L AUTOS (� UMBRELLA LIAB u OCCUR EXCESS LIAR ❑ CLAIMS -MADE Y N 075-715803 075-715803 01/01/2013 01/01/2013 01/01/2014 01/01/2014 _(Per accident) ❑ DED ❑ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? '--- (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL 8 ADV INJURY GENERAL AGGREGATE 2,000,000.00 I $ 1,000,000.00 300,000.00 $ $ 1,000,000.00 PRODUCTS - COMP/OP AGG $ $ COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accideni)i $ 1,000,000.00 1,000,000.00 PROPERTY DAMAGE $ EACH OCCURRENCE AGGREGATE WC STATU- OTH- TORYLIMITS ❑ ER E.L. EACH ACCIDENT $ E.L. DISEASE EA EMPLOYE $ E.L DISEASE - POLICY LIMIT r $ Excess Medical 13/7002331 01/0112013 01/01/2014 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Additional Named Insured to read; Gran Fondo Cycling Tours Event; Campagnolo Gran Fondo San Diego Date; April 13 - 14, 2013 Certificate holder added as additional insured each person $10,000 CERTIFICATE HOLDER CANCELLATION Olympic Training Center 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) QF The ACORD name and logo are registered marks of ACORD AW CERTIFICATE OF LIABILITY INSURANCE DATE (MM)DDIYYYY) 03/04/13 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 CONTACT Ed Moore NAME: Hcm Event Insurance Services, Inc. 1407 Foothill Blvd #228 La Verne, CA 91750 Phone (866) 866-7090 INSURED Bicycle Ride Directors Association 755 N. Leafwood Brea, CA 92821- Fax (966) 496-5968 PHONE 866 866-7090 (A/C. No Ent): ( ) E-MAIL ADDRESS ed c, hcmeveohnsurance corn FAX lC No): (866) 496-5968 INSURER(] AFFORDING COVERAGE NAIC A INSURER A: Lexington Insurance Company (562)690-9693 INSURER B: Houston Casualty Company INSURER C INSURER D: INSURER E • INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER OD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. INSREFF POLICY EXP I TYPE OF INSURANCE INSRL VD POLICY NUMBER (MM DDIUBR YI'YYY) (MMIDD/YYYY) f GENERAL LIABILITY A A B COMMERCIAL GENERAL LIABILITY [,_ CLAIMS -MADE u OCCUR LY/] $10,000 Inland Marine Property Liquor liability GEN'L AGGREGATE LIMIT APPLIES PER' C POLICY a ECT L LOC AUTOMOBILE LIABILITY I_I ANY AUTO ALL 1_1 AUTOS OWNED Li SCHEDULED Id[ HIRED AUTOS / AONo WNED 1-1 L� UMBRELLA LIAB 1_, OCCUR Ii EXCESS LIAR r 1 CLAIMS -MADE DED ❑ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? r (Mandatory in NH) Li a es, descdbe under DESCRIPTION OF OPERATIONS below Y N Y N/A Excess Medical N 075-715803 075-715803 13(7002331 LIMITS EACH OCCURRENCE $ 1,000,000.00 DAMAGE TO RENTED $ 300,000.00 PREMISES (Ea occurrence) MED EXP (Any one person) ! $ 01/01/2013 01/01/2014 PERSONAL & ADV INJURY $ 1,D00,000.00 01/01/2013 01/01/2014 GENERAL AGGREGATE I $ 2,000,000.00 PRODUCTS - COMP/OP AGG $ 1,000,000.00 COMBINED SINGLE LIMIT 1 000,000.00 (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident)' $ PROPERTY DAMAGE (Per accident) _. $ 01/01/2013 01/01/2014 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Additional Named Insured to read; Gran Fondo Cycling Tours Event; Campagnolo Gran Fondo San Diego Date, April 13 - 14, 2013 Certificate holder added as additional insured EACH OCCURRENCE $ AGGREGATE WC OTH- TORY TORY LIMITS L� E.L. EACH ACCIDENT ! $ E L. DISEASE - EA EMPLOYE' $ E. L. DISEASE - POLICY LIMIT ! $ each person $10,000 CERTIFICATE HOLDER CANCELLATION CALTRANS Permits PO Box 85406 San Diego, CA 92186-5406 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 reserve.,. ACORD 25 (2010/05) OF The ACORD name and logo are registered marks of ACORD CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Little Italy Association of San Diego EVENT: Gran Fondo Cannondale of San Diego DATE OF EVENT: April 14, 2013 TIME OF EVENT: 7:15am to 5pm (in National City from 2-3 hours) APPROVALS: COMMUNITY SERVICES RISK MANAGER DEVELOPMENT SERVICES PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: POLICE TRAFFIC FLOW AND STREET CLOSURES The Granfondo Bicycle Race is scheduled for Sunday, April 14, 2013 and the time period of road closures in the City of National City is estimated to be 2 hours, from 0700 hours to 0900 hours (actual riding time, setup and breakdown of traffic control devices). Based on the event organizer's time table, the first bicycle riders should enter the City of National City (north of the U.S. Navy Base entrance at West 8th Street and Harbor Drive) at 0730 hours. Road closures terminate at 30th Street and National City Boulevard at 0830 hours, where the bicycle race transitions into "rule of the road" conditions and there is no longer a need for the City of National City's services. ******NCPD Officers will be stationed at major intersections or intersections deemed necessary to post an officer. Officers will be given the discretion to stop bicyclists during the race and open the intersection temporarily in the event of major traffic back up. In the event of an emergency situation where an emergency vehicle needs to pass, the emergency vehicles will have the right of way and the intersection bicyclists will be stopped during the race and the intersection will be opened to emergency personnel and vehicles . ****** The course for the Granfondo Bicycle Race begins in downtown SD under the Little Italy sign, and proceeds around to Pacific Coast Highway and then south to Harbor Drive on which it stays until it exits the City of San Diego. The race enters the City of National City in the number 2 lane of Harbor Drive (cone pattern dividing the number 1 lane and the number 2 lane, closing the number 2 lane off to traffic) just north of the 8th Street U.S. Navy base entrance. At Civic Center Drive, the west bound lane of Civic Center Drive will be closed to traffic with barricades and cone patterns from Harbor Drive to allow for the riders to transition west bound from Civic Center Drive onto Tidelands Avenue. Northbound Cleveland vehicle traffic as it terminates into Civic Center Drive will be diverted to make a right turn onto Civic Center Drive eastbound; barricades will be erected to not allow for a left turn onto Civic Center Drive. Tidelands Avenue will be closed from the transition of Civic Center Drive all the way down to Bay Marina Drive. The 19th Street U.S. Navy base entrance is closed on Sundays. West 19th Street traffic will be diverted northbound on Tidelands Avenue; barricades will be set up eliminating the option of a left turn onto Tidelands Avenue. At the intersection of Tidelands Avenue and Bay Marina Drive, bicycle riders will be transitioned from southbound Tidelands Avenue to the number 1 lane of Bay Marina Drive allowing for traffic to flow eastbound in the number 2 lane of Bay Marina Drive. *A cone pattern will separate the number 1 lane from the number 2 lane from Tidelands Avenue all the way to National City Boulevard. Streets feeding into Bay Marina Drive / Mile of Cars Way will be diverted as follows: • Northbound Tidelands Avenue into Bay Marina Drive will be allowed eastbound travel only in the number 2 lane. Northbound and eastbound traffic will be restricted at Bay Marina Drive. • Southbound Haffly Avenue into Tidelands Avenue will be allowed westbound travel only to northbound Tidelands Avenue. Eastbound and southbound traffic will be restricted at Bay Marina Way. • Marina Way northbound into Bay Marina Drive will be directed eastbound travel only in the number 2 lane. Northbound and westbound traffic will be restricted at bay Marina Drive. • Southbound Cleveland Avenue will be directed westbound travel only to northbound Haffly Avenue or Tidelands Avenue. Southbound and eastbound traffic will be restricted at Bay Marina Drive. • Traffic from `Busters" restaurant and the Gateway Marina Hotel will be diverted from the parking lot eastbound on Bay Marina Drive in the number 2 lane. Northbound and westbound traffic will be restricted at Bay Marina Drive. • The transition of Bay Marina Way into Mile of Cars Way occurs under the Interstate 5 overpass. The northbound on ramp to Interstate 5 will be closed as will the south bound off ramp exit to eastbound Mile of Cars Way and the northbound Interstate 5 exit westbound. Traffic exiting Interstate 5 south onto Bay Marina Drive will be directed westbound travel only to northbound Cleveland Avenue, Haffly Avenue or Tidelands Avenue. Traffic exiting Interstate 5 on the northbound off ramp will be directed eastbound only in the number 2 lane. • Wilson Avenue traffic leaving the Denny's parking lot to the south will be directed eastbound, westbound travel is restricted. Traffic from Wilson Avenue southbound into Mile of Cars way will be directed westbound to northbound directions of Interstate 5, Cleveland Avenue, Haffly Avenue or Tidelands Avenue. Southbound traffic and eastbound traffic will be restricted at Mile of Cars Way. • Hoover Avenue northbound will be diverted eastbound on Mile of Cars Way to southbound Transportation Avenue or southbound National City Boulevard. Northbound traffic and westbound traffic will be restricted at Mile of Cars Way. • Transportation Avenue northbound will be directed eastbound on Mile of Cars Way. Northbound and westbound traffic will be restricted at Mile of Cars Way. The intersection of National City Boulevard and Mile of Cars Way will be handled in the following manner: • National City Boulevard traffic signals will be placed on flash and controlled by two National City Police Officers. Bicycle riders turn southbound on National City Boulevard from the number one lane of Mile of Cars Way and will be directed to the southbound number one lane of National City Boulevard. A cone pattern separating the number one lane from the number two will be set up to differentiate the "bike" lane from the vehicle lane from Mile of Cars Way to 30th Street on national City Boulevard. Motor vehicle traffic is permitted only in the number two lane. • Uniformed National City Police Officers will alleviate traffic congestion at the intersection of Mile of Cars Way and National City Boulevard by allowing motor vehicles to enter, make turns and cross the intersection only when the officers decide if is safe to do so and at the officers direction during lulls in the grouping of bicycles. • All street feeding into National City Boulevard (26th Street and 28th Street) will be directed southbound in the number two lane. Traffic will not be allowed to cross the number two and number one lane to make a northbound or left hand turn. • Northbound traffic will not be allowed to make westbound or left hand turns on 26th Street or 28th Street. • At 30th Street, motor vehicle traffic will not have the option to make a left turn and must proceed southbound on National City Boulevard. Bicycle riders will start to observe the rules on the road to include the intersection of 30th Street and National City Boulevard. Breakdown of Responsibilities for the National City Police Department and Event Organizers. Personnel from the National City Police Department will consist of a minimum of 1 Sergeant (roving supervision), 12 Officers (static positions), 2 Parking Enforcement Officers, 5 Reserves (if available) and 5 Explorers (if available) and deployed as follows: Sergeant — Rover (619) 599-5796 () Motor Officer — Lead vehicle in the race. HARBOR DRIVE & 8TH STREET — • `Event organizer is responsible for contacting the U.S. Navy to block or close the entrance of the base during the event, the event organizer has been provided with a contact number by NCPD. • Event organizer is responsible for the cone pattern on Harbor Drive to the transition onto Civic Center Drive. • The event enters the City of National City just north of the 8th Street Navy entrance. The National City Police Department will assist in keeping traffic out of the number 2 lane which will be closed using cone patterns provided by a private vendor (Requires 1 NCPD Officer). Officer - Officer - HARBOR DRIVE & CIVIC STREET — • Event organizer is responsible for barricades and cones through a private company. • National City Police will man the barricaded area restricting motor vehicle traffic onto Tidelands Avenue (Requires 1 NCPD Officer). Officer - Officer - TIDELANDS AVENUE & 19TH STREET — • Event organizer is responsible for the cone pattern from Civic Center Drive to Bay Marina Drive on Tidelands Avenue. • Event organizer responsible for having in place 72 hour no parking signs for the length of Tidelands Avenue from Civic Center Drive to Bay Marina Drive. • Event organizer is responsible for the barricade and no left turn sign at 19th Street. • NCPD will have no personnel at this location. TIDELANDS & BAY MARINA DRIVE (24TH STREET) — • The event organizer is responsible for all barricades and cone patterns for traffic control. • The event organizer is responsible for notifying the 24th Street Marine Terminal management and staff of the event interruptions to trucks entering and leaving the terminal. NCPD has provided the event organizer of the contact number. • National City Police will man the barricaded area restricting motor vehicle traffic onto the bicycle course of travel (Requires 2 NCPD Officers). Officer - Officer - BAY MARINA DRIVE (24TH STREET) & HAFFLY AVENUE — • The event organizer is responsible for all barricades and cone patterns for traffic control. • NCPD will have no personnel at this location. BAY MARINA DRIVE (24TH STREET) & MARINA WAY — • The event organizer is responsible for all barricades and cone patterns for traffic control. • The event organizer is responsible for notifying BNSF Railroad Company management and staff of the event interruptions to possible train service entering and leaving the terminal. • National City Police will man the barricaded area restricting motor vehicle traffic into the bicycle course of travel (Requires 1 NCPD Officer). Officer - Explorer - BAY MARINA DRIVE (24TH STREET) & CLEVELAND AVENUE — • The event organizer is responsible for all barricades and cone patterns for traffic control. • The event organizer will be responsible of notifying Busters restaurant and the Gateway Best Western of the disruptions. • National City Police will man the barricaded area restricting motor vehicle traffic into the bicycle course of travel (Requires 1 NCPD Officer). Officer - Explorer - MILE OF CARS WAY (24TH STREET) & INTERSTATE 5 — • The event organizer is responsible for all barricades and cone patterns for traffic control. • *Event organizer is responsible for contacting the California Highway Patrol (CHP) for the off ramps from Interstate 5 north bound and south bound exits from the Interstate which is the jurisdiction of the California Highway Patrol (CHP). • The National City Police Department will be responsible for the north bound on ramp from Mile of Cars Way to the north bound interstate 5 on ramp (Requires 1 NCPD Officer). Officer - Explorer - MILE OF CARS WAY (24Ta STREET) & WILSON AVENUE — • The event organizer is responsible for all barricades and cone patterns for traffic control. • Event organizer is responsible for notifying Denny's Restaurant of the possible disruptions to business. • National City Police will man the barricaded area restricting motor vehicle traffic into the bicycle course of travel (Requires 1 NCPD Officer). Officer - . Explorer - Explorer — Cover exit east of Denny's Explorer - Cover exit east of Denny's MILE OF CARS WAY (24T" STREET) & HOOVER AVENUE - • The event organizer is responsible for all barricades and cone patterns for traffic control. • National City Police will man the barricaded area restricting motor vehicle traffic into the bicycle course of travel (Requires 2 NCPD Officers). Officer - Officer - MILE OF CARS WAY (24T" STREET) & TRANSPORTATION AVENUE — • The event organizer is responsible for all barricades and cone patterns for traffic control. • NCPD will have no personnel at this location MILE OF CARS WAY (24T" STREET) & NATIONAL CITY BOULEVARD — • The event organizer is responsible for all barricades and cone patterns for traffic control. • National City Police will man the barricaded area restricting motor vehicle traffic into the bicycle course of travel (Requires 2 NCPD Officers). Officer - Officer - NATIONAL CITY BOULEVARD & 25TH STREET — • The event organizer is responsible for all barricades and cone patterns for traffic control. • NCPD will have no personnel at this location NATIONAL CITY BOULEVARD & 26TH STREET— • The event organizer is responsible for all barricades and cone patterns for traffic control. • NCPD will have no personnel at this location NATIONAL CITY BOULEVARD & 28TH STREET— • The event organizer is responsible for all barricades and cone patterns for traffic control. • NCPD will have no personnel at this location NATIONAL CITY BOULEVARD & 30TH STREET— • The event organizer is responsible for all barricades and cone patterns for traffic control. • National City Police will man the barricaded area restricting motor vehicle traffic into the bicycle course of travel (Requires 2 NCPD Officers). Officer - Officer - END OF REGULATED TRAFFIC CONTROL COMMUNITY SERVICES No comments. FIRE DEPARTMENT (619) 336-4554 Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times 2) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes 3) First Aid will be provided by organization 4) Fees can only be waived by City Council PUBLIC WORKS (619) 336-4593 Public Works has no involvement in this event. DEVELOPMENT SERVICES "Applicant shall coordinate with Caltrans for traffic control and signal operations at the following intersections: 1-5 / Harbor Dr / Civic Center Dr and 1-5 / Bay Marina Dr." 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. RISK MANAGERMENT Applicant to provide insurance certificate and specific endorsement naming the City of National City as an additional named insured. We should then be ok to proceed. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 19, 2013 AGENDA ITEM NO. 16 ITEM TITLE: TEMPORARY USE PERMIT - 1st Annual South Bay Bocce Ball event at Kimball Park sponsored by The National City Rotary Club on April 20, 2013 from 8:00 a.m. to 6:30 p.m. with no waiver of fees. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: This is a request from the National City Rotary Club to conduct their 1st Annual. South Bay Bocce Ball Tournament on April 20, 2013 from 8:00 a.m. to 6:30 p.m. Teams will consist of two members and they will play a double elimination tournament. Prizes will be awarded to the top three teams in each division: Hot food will be served from a pizza vendor. The tournament will continue as long as there are teams competing, but it will not exceed 5:00 p.m. There is also a request for two Astro Jumps to be placed near the Kimball Bowl area which will be north of the bocce ball bowling lanes. Inflatable jumps are normally only allowed at Las Palmas Park per past ;practice / park maintenance and not policy, however inflatable jumps have been approved at Kimball Park when associated with an approved TUP event and provided the inflatable jump vendor is on file With the city and has the .proper insurance certificate. DEPARTMENT: Neigh APPROVED BY: :be Rotary Club will have staff to assist with crowd control and members of the NCPD will be present. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The City has incurred $237.00 for processing the TUP through various City departments, plus $180.26 for Pubic Works. Total fees are $417.26 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF •RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval: Type of Event: _ Public Concert Fair _ Festival _ Community vent _ Parade Demonstration _ Circus _ Block Party Motion Picture _ Grand Opening Other &C=E_. i0i-'.L. eraCkrIN Event Title: 3d-j 'aoece. - rGcXrr Event Location: iPMzIC Event Date(s): From 4rZ'L 2c0 to OR -it 2v Actual Event Hours: B:CV 6§/pm to 6 = am .. Total Anticipated Attendance: /4'0 (/4G Participants ye Spectators) Setup/assembly/construction Date: 19PZ'L/q Start time: S!o:,P,rn Please describe the scope of your setup/assembly work (specific details): e- 3o goo--, _ Diati. / c farrh ics x yD FP: Dismantle Date: 191012 7o Completion Time: '7-Ss*P•rn am/ r' List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and da and time of reopening. /Jo-f' .ce Sponsoring Organization: k»17 real_ _ C: s j C-1‘421 Chief Officer of Organization (Name) Z19Crfie ffAe.(rc,J Applicant (Name): -g1` �c fa,.? Address: 1 1 E2- C A,rc_ ()r f'c) (,4.r,4--i) 'Seto! 1 el Daytime Phone: (60 c 7-574S- Evening Phone: Wet) 6?/-4/2g Fax: OW 67/—i"/2_¢ E-Mail: 3ocd a? .GcyOCn �. >f cv 6: Contact Person "on site" day of the event: i&e tr eb.., Cellular: 60-9-17-V 74— NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? /YES _ NO Are admission, entry, vendor or participant fees required? ✓YES _ NO If YES, please explain the purpose and provide amount(s): ��6� A- arm fcr� CCa�6IS Afri-� •" �)' ce> ^S �''� ` j (F�Vis li $ ' 1S; Csw Estimated Gross Redeiipts in lu�� ing i pfoduct and sponsorship le mow" sales from this event. $ l.uyI-2s'vc Estimated Expenses for this event. $ 'I- What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? ry-y,3 ram ( de").014,444.gatt 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. OVERALL EVENT DESCRIPTION FOR TEMPORARY USE PERMIT Thirty Bocce Ball Courts will be layed out in the park (see map), ten courts each for the Open, Novice, and Junior Divisions. Teams consist of two members, and they will play a double elimination tournament. Prizes will be awarded to the top three teams in each division. Hot food will be served from a pizza and soda vendor area, (water and sodas) and bags of chips. The tournament will continue as long as there are teams competing, but not to exceed 5:00 pm. There appears to be ample room at the park for spectators, participants and their families. We are planning to have two Astro Jumps, supervised by adults.Astro Jumps will be self-contained, norequirement for electricity. 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: _ YES )(NO Does the event involve the sale or use of alcoholic beverages? )I YES //�� NO Will items or services be sold at the event? If yes, please describe: YES gNO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _21YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. , AYES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 6 7C 3 Sizes icoxi + S ' -„r E. n„q„.it— NOTE: A separate Fire Department permit is required for tents or canopies. YES .'NO Will the event involve the use of the City or your stage or PA system? SPECIFY: 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 ?9 OTHER (Specify): 'Walt? garriAn°e../ n 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 # /b and Chairs # ! 2- Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures ehicles 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 retumed to a clean condition.) Number of trash cans: Trash containers with lids: (2) 3yd ash,8?,vs 4r.,,da) aid f7cc 'c- SOAPS tip Describe your plan for clean-up and removal of wasia and garbage during and after the event: I .' tJ► br rye., t�.� f �ti 3_ ___, •� f� fYiC:3X�d1� c _ '.� SC•cl/z ,41-4 7R.'s h f st,,s.abr- pL r -1.. wies . Pree,4',tut bc- ��..�.. - ., %Ev&'s G O-c-f ca,-, crzy ll,j 2 S ��>� Please describe your procedures for both Crowd Control and Internal Security: Sevega, ta-intsce,1 chug �,z-2.^- " _ YES )(NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: { *ice6 ip.„ - Security Organization: 1 ", Security Organization Address: Security Director (Name): Phone: _ YES y 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-providin First Aid Staffing and Equipment. iZ)2. az, b�') *) at r-nr.. r.�/ P/� C1e.�(i +4%-i 91 w.�`J J`T ircivrrtirmCi & S' c I i9 C444 Please describe your Accessibility Plan for access at your event by individuals with disabilities: GiC�'Sd AEG d.3,o-b1.4 Please y rovi e a detailed description of your PARKI G plan: Please describe your plan for DISABLED PARKIN gab//a��cBr �i Please describe your plans to notify all residents, b sinesses and churches impacted by the event: + ✓tc� be �j� NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: _S'ES _ NO Will sound amplification be used? If YES, please indicate: Start time: =a a /pm Finish Time ✓ .'a' ame _ YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/pm Finish Time am/pm Please describe the sound equipment that will be used for your event: Qc662. Sim 5 _ YES 4NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 02/29/12 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization 1),412v72.12 Person in Charge of Activity Fer►i Address LI g2 Car (JW& CLI.4 J S2.' Dina, C-01- ?2J5471 Telephone 610-'7 jj'7-077er Date(s) of Use 2,0 .L, 2 513 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date .s�COROm CERTIFICATE OF LIABILITY INSURANCE. DATE pa0/ of Y) 02/20/2013 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. SUIPORTANT: If the certificate holder Is en ADDITIONAL INSURED, the pofcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the tens and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights fo the certificate holder In lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES,TJ c CHICAGO 525 W. Monroe, Suite 600 CHICAGO IL 60661 (312) 669-6900 W&1RED All Active US Rotary Clubs & Districts Attn: Risk Management Division 1560 Sherman Ave. Evanston, IL 60201-3698 COVERAGES Lockton Companies, LLC WGie Etd: 1-800-921-3172 fric.Ne): 1-312-681-6769 masses, Rotary lockton.com mffi1Ralgs) AFFDRDINO COVERAGE $41MERA:ACE Ameaican Insurance Company imams :ACE Property & Casualtvjaelnlance Co INSURER o e NAP* 22667 20699 IiSU1rERD: *DIENER a: eF; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO 7HE 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 CERTIRCATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDMONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID.0 AIMS. INSSR LTR TYPE OFINaURANCE SUER ]!ESL POlrcvau a sa PDUCYEFF tawoommumminommt, POLICY DIP LIMIT A _MURAL LIASIUTY N PMI G23861355 004 7/1/2012 7/1/2013 FAOH000URRFNOE a 2.000,000 ERCIAL BEN Aearry DAMAGE TO RENTED PREMISES (Esaa,eWelae) $ 500,000 CLAIM -MADE 1 X OCCUR MEDE)g+iAnyui X Liquor Liability can) S XOCXXXX PE SONM a ADv maw $ 2,000,000 Included GENERAL/WOKS/ATE s OEM. YE T YE LIMIT APPLIESPER: PRODUCTS-COMP/CP WIS 10.000.000 4.000.000 X Il POUCY 1 T 11 JI LOC a A AUTOMO$ILEUASILDY N PMI G23861355 004 7/1/2012 7/1/2013 a&Arn NGIEUMIT $ L000_000 A ANY AUTO _ - BODILYINJU� RY(P.rpe) $ y 1 AOWNED AU. AUTOS SCHEDULED AUTOS BODILY INJURY (Peraccident) , $ XXXXXXX X HIRED AUTOS I( ED µfrog PRO ugMAOE Par s XX s XXXXXXX B X I5r$$$E1A LIAR X OCCUR N 1400534092 004 7/1/2012 7/1/2013 EACH OCCURRENCE $ 5,000,000 EXCESS UAB _ CLMISMADE AGGREGATE DED I j RE79iTIONS - $ 10.000.000 $ XXXXXXX WORKERS WON AND EMPLOYERS* LMetJTY �vv�`yy NOT APPLICABLE IT RYLLIisi I FR ANY PROWeBTORIPARINERIDIECUTNE 1� OPFlOCCLUDED? L! N/A E.L. EACH ACCIDENT S XXXXXXX yaene, ydaeait under E.LDISEASE- EAEMPLOYEE S wax X= DDESCfaPnON OF OPERATIONS WNW E.L DISEASE- POLICY LMIT $ XXXXXXX DESORPTION OF OPERATIONS !LOCATIONS/VEHICLES µdash ACORD 101, Addftenel Remain Btlw:Wa, Nream splice le required) The Certificate Holder is included as Additional Insured where required by written and signed contract or permit subject to the terms and conditions of the General Liability policy, but only to the extent bodily injury or property damage is caused in whole or in part by the acts or omissions of the insured. CANCELLATION The City of National City, its officials, agents and employees Neighborhood Services Division 1243 National City Boulevard National City, CA 91950/(619) 336-4364 Rotary Club District 5340/National City Rotary Club 1st Annual National City Rotary Club Barre Ball Tournament Date of event: 20 April, 2013 1111 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN ACCORDANCE WnH THE POLICY PROVISIONS. AUTHORIZED REPREBENTATME ACORD 25 (2010105) The ACORD name and logo Ire registered marls of ACORD (ENS 9 ACORiTEORP N. All rights reserved Legend ■ Bowling Lanes ® Porta-Johns Face Painting ■ Judges Tent rFirst Aid ■ Registration Tent Astro Jumps Food Court Area Lane Boundaries Benches SCALE:1/48"=1'-0" af, Oki E 12th St' 6,1 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Rotary Club EVENT: 1st Annual SouthBay Bocce Ball event DATE OF EVENT: April 20, 2013 TIME OF EVENT: 8 a.m. to 6:30 p.m. APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: RISK MANAGER An endorsement naming the City of National City as an additional named insured. Their insurance certificate is fine 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 Extra patrol will be provided for this event. FIRE Provide additional information on wood burning oven. Please describe additional information on Astro Jumps as it is described on legend only. Stipulations required by the Fire Department for this event are as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc 2) Fire Department access into and through the camp areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. Fire road through the grass area shall be established with the National City Parks Department prior to set-up 3) Fire Hydrants shall not be blocked or obstructed 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 6) Extinguisher to be mounted in a visible location between 31/2' to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance 7) All cooking booths or areas to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example 8) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal 9) Internal combustion power sources that may be used, shall be of adequate capacity to permit uninterrupted operation during normal operating hours 10) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure 11) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only 12) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge • Canopies from 401-500 square feet shall be $250.00 • Canopies from 501-600 square feet shall be $300.00 • Canopies from 601 square feet or greater shall be $400.00 • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council • A ten feet separation distance must be maintained between tents and canopies • A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Certificate of flame resistance shall be provided to the National City Fire Department prior to the event 13) First Aid will be provided by organization 14) Provide map of site area. Map to include placement of Fire Department requests (Site map is not clear. Please provide legible site map 15) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc 16) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars Fire Department Fees can only be waived by City Council. Approval contingent upon final field inspection and compliance with all applicable codes and ordinances COMMUNITY SERVICES Astrojumps are typically only permitted in Las Palmas Park. There is a $25 fee per jumper. PW currently manages the Astrojumps and may have more information on this. DEVELOPMENT SERVICES No comments PUBLIC WORKS A $25.00 fee will be assed for the Astrojump permit. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 19th, 2013 AGENDA ITEM NO. 17 ITEM TITLE: Warrant Register #33 for the period of 02/06/13 through 02/12/13 in the amount of $479,216.75. (Finance) PREPARED BY: K. Apalategui PHONE: 1619-336-4331 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 02/06/13 through 02/12/13 DEPARTMENT: Finance APPROVED BY: The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Health Net Inc Kaiser Health Plan 306000 306004 59, 506.47 164,901.65 Insurance R119A Feb 2013 Insurance 104220-0002 Feb 2013 FINANCIAL STATEMENT: ACCOUNT NO. N/A! APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $479,216.75 BOARD / COMMISSION RECOMMENDATION: N/A1 ATTACHMENTS: /arrant Register #33 PAYEE MAINTEX INC RICOH USA, INC. AMAZON AMERICAN LIBRARY ASSOC. BAKER & TAYLOR BRODART CO CALIFA GROUP MARGO SMART MIDWEST TAPE NEW READERS PRESS ORIENTAL TRADING CO INC SPRINT U S POSTMASTER XEROX CORPORATION ABCANA INDUSTRIES AFLAC ALDEMCO THE KINGS FLAGS A, C ARCO GASPRO PLUS ARROWHEAD FORENSIC PRODUCTS ASBURY ENVIRONMENTAL SVCS ASSI SECURITY INC AT&T/MCI BOARD OF EQUALIZATION BOOT WORLD BRENNTAG PACIFIC INC BROADWAY AUTO ELECTRIC BUCKNAM INFRASTRUCTURE GRP INC BUREAU VERITAS N AMERICA INC CAPF CA PROPERTY SPECIALISTS INC CALIFORNIA ELECTRIC SUPPLY CALIFORNIA LAW ENFORCEMENT CDW GOVERNMENT INC CHEVRON & TEXACO CHIA CITY OF NATIONAL CITY CLEAN HARBORS CLEARS COMMERCIAL AQUATICS SERVICES COX COMMUNICATIONS '.LIGAN ..J1ELS TIRE SERVICE DELTA CARE USA DELTA DENTAL DETECTIVE TRAINING FUND DIXIELINE BUILDERS DREW FORD 1/3 WARRANT REGISTER # 33 2/12/2013 DESCRIPTION CHK NO DATE AMOUNT CITY-WIDE JANITORIAL SUPPLIES / PW 305939 2/11/13 1,077.93 FY12 SERVICE INVOICE 5023291789 305940 2/11/13 1,941.40 BOOKS - AS NEEDED FOR FY 2013 305941 2/12/13 278.51 BOOKS FOR THE LITERACY COLLECTION 305942 2/12/13 317.60 BOOKS 305943 2/12/13 1,067.21 BOOKS 305944 2/12/13 109.62 CALIFA MEMBERSHIP FOR FY 2013 305945 2/12/13 4,402.69 GUEST PERFORMER - TARGET MINI GRANT 305946 2/12/13 175.00 DVD'S 305947 2/12/13 418.47 BOOKS FOR LITERACY 305948 2/12/13 2,358.97 CRAFT SUPPLIES 305949 2/12/13 58.97 VIDEO CONFERENCING & LONG DISTANCE 305950 2/12/13 11.25 POSTAGE FOR OVERDUE NOTICES 305951 2/12/13 272.36 XEROX BASE CHARGES AND OVERAGES 305952 2/12/13 497.62 BULK HYDROCHLORIC ACID AND DRY CHLORINE 305953 2/12/13 1,085.64 ACCT BDM36 - FEB 2013 CONSUMABLES / NUTRITION PURCHASES FLAGS, ACCESSORIES REFUND FOR DUPLICATE PAYMENT FUEL LAB SUPPLIES / POLICE 50/50 HEAVY DUTY OIL SECURITY REPAIRS SBC AT&T PHONE SERVICE FOR FY13 INTEREST LIABILITY FOR SALES TAX MOP 64096 WEARING APPAREL CHLORINE ELECTRICAL PARTS STREET SIGN INVENTORY SAFE ROUTES TO SCHOOL PROJECT FIRE/LTD FEB 2013 WESTSIDE SPECIFIC PLAN AREA MOP 45698 ELECTRICAL MATERIAL PD/LTD - FEB 2013 LICENSING RENEWAL / MIS MOP 45699 FUEL TUITION: CA HOMICIDE INVESTIGATORS PETTY CASH REPLENISHMENT -DEC 2012 HAZARDOUS WASTE PICKUP TUITION: PUBLIC RECORDS ACT TRAINING POOL SERVICE, REPAIRS, PURCHASE COX COMMUNICATIONS DATA & VIDEO WATER SOFTENER / NUTRITION P225/70R15 100S S2 WRL TIRES PM! DENTAL INS - FEB 2013 DENTAL INS - FEB 2012 ACCT #05-090860000 REGISTRATION: DETECTIVE SYMPOSIUM HOME PROGRAM ACQUISITION/REHAB CONTROL 5W7Z2C219AB 305954 2/12/13 990.38 305955 2/12/13 4,711.22 305956 2/12/13 118.40 305957 2/12/13 40.00 305958 2/12/13 36,240.79 305959 2/12/13 1,589.45 305960 2/12/13 188.84 305961 2/12/13 735.00 305962 2/12/13 6,571.26 305963 2/12/13 78.87 305964 2/12/13 250.00 305965 2/12/13 334.48 305966 2/12/13 396.94 305967 2/12/13 10,069.77 305968 2/12/13 955.00 305969 2/12/13 592.00 305970 2/12/13 4,456.25 305971 2/12/13 971.84 305972 2/12/13 2,009.00 305973 2/12/13 9,210.77 305974 2/12/13 105.70 305975 2/12/13 750.00 305976 2/12/13 527.65 305977 2/12/13 743.00 305978 2/12/13 100.00 305979 2/12/13 2,955.06 305980 2/12/13 108.82 305981 2/12/13 429.20 305982 2/12/13 193.02 305983 2/12/13 2,862.77 305984 2/12/13 14,501.78 305985 2/12/13 50.00 305986 2/12/13 13,000.00 305987 2/12/13 592.65 PAYEE ELAM'S HALLMARK EXPERIAN FERGUSON ENTERPRISES INC GALINDO ROJAS GOLDEN WEST COLLEGE GOVCONNECTION, INC. GOVERNMENT JOBS COM INC GREEN MECHANICAL CONTRACTORS HAMILTON MEATS & PROVISIONS HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HYDRO SCAPE PRODUCTS INC JERAULDS CAR CARE CENTER JONES & MAYER KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KATHRINA TAXTON KONE LASER SAVER INC LOPEZ, T MAINTEX INC MAN K-9 INC. MUNICIPAL CODE CORPORATION ORKIN PEST CONTROL PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES INC PARKHOUSE TIRE PERRY FORD PRO BUILD PRO STREET LIGHTING INC. PRUDENTIAL OVERALL SUPPLY R J SAFETY SUPPLY RELIANCE STANDARD RONI GRINSHFAN ROUNDS, R S D TRAINING MANAGERS ASSOC SAKAMOTO, C SAN DIEGO REGIONAL SAN DIEGO REGIONAL SAN DIEGO SPORTS MEDICINE SD COUNTY TREASURER SEAPORT MEAT COMPANY SHEPHARD, S SKS INC. SMART SOURCE OF CA LLC SOUTHWEST SIGNAL SERVICE 2/3 WARRANT REGISTER # 33 2/12/2013 DESCRIPTION CHK NO DATE AMOUNT REFUND BLDG PERMIT- PROJECT #2012-2861 305988 2/12/13 296.00 CREDIT CHECK / POLICE DEPARTMENT 305989 2/12/13 27.48 MOP 45723 MATERIALS & SUPPLIES 305990 2/12/13 101.96 125 PLAN REIMBURSEMENT 305991 2/12/13 558.76 TUITION: SWAT ACADEMY-C SAKAMOTO 305992 2/12/13 252.00 APPLE IPADS 64GB 305993 2/12/13 9,211.23 NEOGOV RENEWAL 305994 2/12/13 6,000.00 HVAC REPAIRS 305995 2/12/13 1,393.75 FOOD / NUTRITION CENTER 305996 2/12/13 874.45 FULL NETWORK 57135A - FEB 2013 305997 2/12/13 5,377.98 INS 57135J - FEB 2013 305998 2/12/13 899.34 INS N5992A - FEB 2013 305999 2/12/13 525.07 INS R1192A FEB 2013 306000 2/12/13 59,506.47 MOP 45720 PIPES, VALVES, FITTINGS 306001 2/12/13 406.64 MOP 72449 R&M AUTO EQUIPMENT 306002 2/12/13 563.85 SEMINAR: THE FUTURE OF ENFORCEMENT-SILVA 306003 2/12/13 50.00 INS ACTIVE-FEB 2013 104220-0002 306004 2/12/13 164,901.65 RET INS - FEB 2012 GRP #104220-03 306005 2/12/13 12,90- "- INS HD HSA ACTIVE-FEB 2013 GRP#104220-00 306006 2/12/13 2,53 REFUND / VIOLATION DISMISSED 306007 2/12/13 3u.uu ELEVATOR MAINTENANCE/REPAIRS 306008 2/12/13 4,150.44 MOP 45725 MATERIALS & SUPPLIES 306009 2/12/13 59.90 TRANSLATION SERVICES FOR FY13 306010 2/12/13 210.00 JANITORIAL SUPPLIES, PARTS 306011 2/12/13 245.10 BASIC HANDLER COURSE / POLICE 306012 2/12/13 4,300.00 MUNICIPAL CODE SUPPLIEMENT#37 306013 2/12/13 96.72 PEST MAINTENANCE 306014 2/12/13 379.13 SMOG CERTIFICATION & REPAIRS 306015 2/12/13 844.05 HDM SUPPLIES / NUTRITION 306016 2/12/13 11.45 ST235/80R16 E NAN M/S M108 TIRES 306017 2/12/13 260.15 R&M CITY VEHICLES 306018 2/12113 6,363.51 MOP 45707 BUILDING MATERIAL 306019 2/12/13 699.41 LABOR REMOVE & INSTALL DECALS 306020 2/12/13 145.00 MOP 45742 LAUNDRY SERVICE 306021 2/12/13 165.96 RADIANS 3-N-1 CLASS 3 HI-VIS GREEN 306022 2/12/13 98.11 VOLUNTARY LIFE INS - FEB 2013 306023 2/12/13 2,465.51 REIMBURSEMENT FOR BANNER PERMIT 306024 2/12/13 1,975.00 SUBSISTENCE: POST MANAGEMENT COURSE 306025 2/12/13 801.47 REGISTRATION: BULLETPROOF MIND/ACTIVE 306026 2/12/13 105.00 ADV SUBSISTENCE - SWAT ACADEMY 306027 2/12/13 1,502.84 TUITION: RECORDS SUPERVISOR COURSE 306028 2/12/13 489.00 TUITION: RECORDS SUPERVISOR COURSE 306029 2/12/13 489.00 MEDICAL FITNESS EVALS / FIRE 306030 2/12/13 2,41E CASH HANDLING WORKSHOP / FINANCE 306031 2/12/13 20C FOOD / NUTRITION CENTER 306032 2/12/13 1,127.46 SUBSISTENCE: DETECTIVE SYMPOSIUM 2013 306033 2/12/13 624.00 QUANTUM FULL SYN ATF BULK OIL 306034 2/12/13 3,356.41 MOP 63846. BUSINESS CARDS 306035 2/12/13 31.62 TRAFFIC SIGNAL & STREET LIGHTING 306036 2/12/13 22,918.77 PAYEE SPARKLETTS STAPLES ADVANTAGE STARTECH COMPUTERS SWEETWATER AUTHORITY SYSCO SAN DIEGO TARGET SPECIALTY PRODUCTS THE LINCOLN NATIONAL LIFE INS TOPECO PRODUCTS U S BANK UNDERGROUND SERVICE ALERT UNITED RENTALS V & V MANUFACTURING VALLEY INDUSTRIAL SPECIALTIES VCA MAIN STANIMAL HOSPITAL VERIZON WIRELESS W W GRAINGER W W GRAINGER ' XIE SANITARY SUPPLY _LLS FARGO BANK WESTFLEX INDUSTRIAL YBARRA, A CHRISTENSEN & SPATH LLP KANE BALLMER & BERKMAN SDG&E VERIZON WIRELESS WARRANT REGISTER # 33 2/12/2013 DESCRIPTION DRINKING WATER / MAYOR MOP 45704 MATERIALS & SUPPLIES MOP 61744 PRINTER - MIS WASTEWATER WATER BILL SUPPLIES / NUTRITIOIN CENTER ROUNDUP PROMAX LIFE & AD&D, STD, LTD INS - FEB 2013 MOP 63849 MATERIALS & SUPPLIES CREDIT CARD EXP - PD UNDERGROUND SRVC ALERT CHRGS CONCRETE BATCH PLANT MIX BADGES / POLICE MOP 46453 PLUMBING MATERIAL K9 VET CARE / POLICE WIRELESS PHONE SERVICE FOR FY13 MOP 65179 MISC SUPPLIES MOP 65179 SMALL TOOLS ENVISION BROWN MULTIFOLD / FIRE ATRLY HSA ADMIN FEES 10/01/12-12/31/12 MOP 63850 HORTICULTURE ITEMS SUBSISTENCE: DTECTIVE SYMPOSIUM 2013 LEGAL / ARE HOLDINGS VS CDC OF NC LEGAUSUCCESSOR AGENCY OPERATIONS GAS AND ELECTRIC UTILITIES VERIZON WIRELESS SVCS - SECTION 8 GRAND TOTAL 3/3 CHK NO DATE AMOUNT 306037 2/12/13 9.94 306038 2/12/13 846.43 306039 2/12/13 274.56 306040 2/12/13 259.46 306041 2/12/13 1,951.72 306042 2/12/13 188.37 306043 2/12/13 8,732.45 306044 2/12/13 189.65 306045 2/12/13 20.00 306046 2/12/13 133.50 306047 2/12/13 179.85 306048 2/12/13 562.94 306049 2/12/13 380.58 306050 2/12/13 171.81 306051 2/12/13 198.04 306052 2/12/13 151.25 306053 2/12/13 97.21 306054 2/12/13 445.18 306055 2/12/13 45.50 306056 2/12/13 488.66 306057 2/12/13 624.00 306058 2/12/13 4,927.95 306059 2/12/13 3,240.00 306060 2/12/13 363.77 306061 2/12/13 278.47 AIP Total 479,216.75 5 479;216.75 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. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 19th OF MARCH, 2013. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 19th, 2013 AGENDA ITEM NO.1 ITEM TITLE: jVVarrant Register #34 for the period of 02/13/13 through 02/19/13 in the amount of $1,723,200.59. (Finance) PREPARED BY: K. Apalategul DEPARTMENT: Finance PHONE: 1619-336-4331j APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 02/13/13 through 02/19/13 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Paradise Creek 306066 101,856.63 Expense Reimbursement Basile Construction 306071 74,104.46 Koch -Armstrong 306101 98,804.31 Public Emp Ret System 306119 268,632.78 3DG&E 306127 58,787.01 FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. I APPROVED: N/A ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review ORDINANCE: INTRODUCTION: FINAL ADOPTION: WITOD Project 8th Street Underground & Sewer Replacement Street Resurfacing Retirement Insurance Period 1/22/13 — 2/04/13 City Utilities Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,723,200.59 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Varrant Register #34 PAYEE BENAVIDEZ, F CUMMINS & WHITE LLP EQUIFAX INFORMATION SVCS PARADISE CREEK AETNA RESOURCES FOR LIVING AMERICAN BACKFLOW SPECIALTIES AT&T/MCI ATKINS NORTH AMERICA INC BASILE CONSTRUCTION BELL, J CALIFORNIA ELECTRIC SUPPLY CALIFORNIA HIGHWAY PATROL CHILDREN'S HOSPITAL CHULA VISTA CHAMBER OF COMMERCE CINTAS DOCUMENT MANAGEMENT CITY OF SAN DIEGO COMMAND CONCEPTS 'NEJO, J ,NTY OF SAN DIEGO COX COMMUNICATIONS DESIGN BY MARCHELO DILLARD, S DREW FORD EMERGENCY EQPT ENGINEERING ESGIL CORPORATION FERGUSON ENTERPRISES INC G8 DEVELOPMENT GB DEVELOPMENT GB DEVELOPMENT G8 DEVELOPMENT G8 DEVELOPMENT G8 DEVELOPMENT GACITUA SILVA, C HERNANDEZ, P I LOVE A CLEAN SAN DIEGO KNIGHT, J JERAULDS CAR CARE CENTER KAISER FOUNDATION HEALTH PLANS KOCH-ARMSTRONG GENERAL ENGR. KONICA MINOLTA LANGUAGE LINE SERVICES SER SAVER INC RO AUTO PARTS DISTRIBUTOR lr„L.LER, C N C CHAMBER OF COMMERCE N C CHAMBER OF COMMERCE NAPA AUTO PARTS NATIONAL CITY CAR WASH 1/3 WARRANT REGISTER #34 2/19/2013 DESCRIPTION CHK NO DATE AMOUNT LIABILITY CLAIMS COSTS / RISK 306063 2/14/13 24,998.00 LEGAL: GEN OVERSIGHT BOARD OF NC 306064 2/19/13 649.89 EQUIFAX SVCS / SEC 8 / FEB 2013 306065 2/19/13 110.47 EXPENSE REIMB / WITOD 306066 2/19/13 101,856.63 EMPLOYEE ASST PROGRAM- FEB 2013 306067 2/19/13 744.64 BACKFLOWS, GAUGES, PARTS 306068 2/19/13 436.19 SBC AT&T PHONE SERVICE 306069 2/19/13 357.32 PROVIDE SEWER BILL/TAX ROLL 306070 2/19/13 244.00 8TH ST. UNDERGROUNDING & SEWER REPLACEMEN- 306071 2/19/13 74,104.46 LICENSE REIMBURSEMENT 306072 2/19/13 40.00 MOP 45698 ELECTRICAL MATERIAL 306073 2/19/13 460.08 TUITION: VEHICLE THEFT INVESTIGATOR COURSE 306074 2/19/13 251.00 SAFE ROUTES TO SCHOOL, CYCLE 3 306'075 2/19/13 19,445.02 CV CHAMBER INSTALLATION DINNER 306076 2/19/13 150.00 MONTHLY SHREDDING / POLICE 306077 2/19/13 72.95 TRANSPORTATION/TREATMENT OF SEWER 306078 2/19/13 591.67 STANDARD SIZE COMMAND BOARD/PD 306079 2/19/13 284.32 ADV SUBSISTENCE DUI/SFST COURSE 306080 2/19/13 384.00 OBSERVER SAFETY CLOTHING / POLICE 306081 2/19/13 20.00 COX COMMUNICATIONS DATA & VIDEO 306082 2/19/13 3,049.70 REFUND OF C&D FEES- PERMIT #2012-2905 306083 2/19/13 1,528.80 REIMB / FEMA ACADEMY / FIRE 306084 2/19/13 216.90 MOP 49078 AUTO PARTS 306085 2/19/13 287.10 LEATHER GEAR / POLICE 306086 2/19/13 95.24 PLAN CHECKING SERVICES / BUILDING 306087 2/19/13 18,309.73 MOP 45723 CHEMICAL PRODUCTS 306088 2/19/13 18.35 REFUND OF C&D FEES - PERMIT #2012-2581 306089 2/19/13 521.00 REFUND OF C&D FEES - PERMIT #2012-2520 306090 2/19/13 521.00 REFUND OF C&D FEES -PERMIT #2012-2519 306091 2/19/13 521.00 REFUND OF C&D FEES PERMIT #2012-2581 306092 2/19/13 521.00 REFUND OF C&D FEES PERMIT #2012-2420 306093 2/19/13 521.00 REFUND OF C&D FEES -PERMIT #2012-2423 306094 2/19/13 472.40 REIMBURSEMENT: MCLE COURSES FROM STATE BAF 306095 2/19/13 70.00 ADVANCED SUBSISTNECE-DUI/SFST COURSE 306096 2/19/13 384.00 CREEK TO BAY CLEANUP 2013 306097 2/19/13 1,000.00 REIMBURSEMENT: CAL CUPA CONFERENCE 306098 2/19/13 403.66 MOP 72449 R&M AUTO EQUIPMENT 306099 2/19/13 383.55 RETIREES INS - FEBRUARY 2013 306100 2/19/13 22,373.09 STREET RESURFACING 306101 2/19/13 98,804.31 COPIER EQUIPMENT LEASE 306102 2/19/13 6,734.65 INTERPRETATION SERVICES / POLICE 306103 2/19/13 31.31 MOP 45725 TONER CARTRIDGE -FINANCE 306104 2/19/13 152.55 MOP 75943 AUTO PARTS 306105 2/19/13 1,153.61 ADVANCED SUBSISTENCE DUI/SFST COURSE 306106 2/19/13 384.00 CITY ENHANCEMENT PROGRAM (JAN-JUN 2013) 306107 2/19/13 22,500.00 NC TOURISM MARKETING FEE - DEC 2012 306108 2/19/13 15,029.73 MOP 45735 AUTO PARTS 306109 2/19/13 38.67 CAR WASHES 306110 2/19/13 380.00 PAYEE NBS NGUYEN, L PADRE JANITORIAL SUPPLIES INC PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PROJECT PROFESSIONALS CORP. PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RAULSTON, B ROBINSON, S SAN DIEGO AREA CHAPTER OF IC SAN DIEGO DAILY TRANSCRIPT SAN DIEGO MIRAMAR COLLEGE SAN DIEGO PET & LAB SUPPLY SASI SDG&E SMART SOURCE OF CA LLC SOLEX CONSTRUCTING INC SOUTHERN CALIF TRUCK STOP STAPLES ADVANTAGE STAPLES ADVANTAGE SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO THE BANK OF NEW YORK THE LIGHTHOUSE INC THE STAR NEWS THE STAR NEWS U S BANK U.S. HEALTHWORKS U-LINE UNION TRIBUNE VALLEY INDUSTRIAL SPECIALTIES VALLEY POWER SYSTEMS INC VERIZON WIRELESS VISION SERVICE PLAN (CA) W W GRAINGER WEST PAYMENT CENTER WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY WIRED PAYMENTS TRISTAR RISK MANAGEMENT 2/3 WARRANT REGISTER #34 2/19/2013 DESCRIPTION CHK NO DATE AMOUNT COST ALLOCATION PLAN 306111 2/19/13 1,275.00 ADV SUBSISTENCE- DUI/SFST COURSE 306112 2/19/13 384.00 HDM SUPPLIES / NUTRITION 306113 2/19/13 140.92 MOP 45703 AUTO PARTS 306114 2/19/13 139.33 MOP 67839 AUTO PARTS 306115 2/19/13 184.92 MOP 45707 HORTICULTURAL ITEMS 306116 2/19/13 491.81 8TH ST. UTILITIES CONSTRUCTION 306117 2/19/13 21,037.00 MOP 45742 LAUNDRY SERVICE 306118 2/19/13 340.53 SERVICE PERIOD 01/22/13 - 02/04/13 306119 2/19/13 268,632.78 REIMBURSEMENT: SACRAMENTO MEETING 01/14/13 306120 2/19/13 45.00 REIMB: FEMA ACADEMY TRAINING / FIRE 306121 2/19/13 167.32 2013 ANNUAL MEMBERSHIP-L SAINZ, T SIMMON 306122 2/19/13 100.00 ADVERTISING SPEC 12-12 CITYWIDE PEDESTRIAN 306123 2/19/13 1,023.20 TUITION FEE: PC832 COURSE 306124 2/19/13 115.00 MOP 45753 K-9 FOOD 306125 2/19/13 496.36 CHGS FLEXIBLE SPENDING 2/1/13 - 4/30/13 306126 2/19/13 283.50. STREET GAS & ELECTRIC 306127 2/19/13 58,787.01 BUSINESS CARD IMPRINTS:HERNANDEZ-FIRE 306128 2/19/13 REFUND OF C&D FEES -PERMIT #2012-2796 306129 2/19/13 1,5: MOP 45758 GAS 306130 2/19/13 23.64 MOP 45704 OFFICE SUPPLIES - PD 306131 2/19/13 1,809.74 MOP 45704 OFFICE SUPPLIES - COUNCIL 306132 2/19/13 27.98 COLDMIXASPHALTS 306133 2/19/13 2,517.08 PARKS WATER BILL 306134 2/19/13 34.55 SUPPLIES / NUTRITION CENTER 306135 2/19/13 4,414.98 CUSTODIAN FEES- 10/01/12 - 12/31/12 306136 2/19/13 300.00 MOP 45726 AUTO PARTS 306137 2/19/13 541.12 ADVERTISING SPEC 12-12 CITYWIDE PEDESTRIAN 306138 2/19/13 1,312.00 ADV FOR LOCAL AUCTION OF PD UNCLAIMED 306139 2/19/13 56.38 CREDIT CARD EXP - SA 306140 2/19/13 225.82 MEDICAL SERVICES 306141 2/19/13 55.00 SUPPLIES / POLICE 306142 2/19/13 762.70 ADVERTISING/PUBLIC HEARING NOTICES 306143 2/19/13 1,083.75 MOP 46453 PLUMBING MATERIAL 306144 2/19/13 440.21 LABOR, REPLACE EXHAUST MUFFLER 306145 2/19/13 4,221.18 VERIZON WIRELESS PHONE SERVICE 306146 2/19/13 1.70 VISION SVC PLAN (CA) - FEB 2013 306147 2/19/13 133.35 MOP 65179 BUILDING MATERIAL 306148 2/19/13 357.98 CLEAR INVESTIGATIVE DATABASES/PD 306149 2/19/13 433.44 MOP 63850 AUTO PARTS 306150 2/19/13 230.43 MOP 45763 TRAFFIC CONTROL SUPPLY 306151 2/19/13 44.91 JAN 2013 W/C REPLENISHMENT AM Total 795,81' 542797 2/14/13 69,045.15 SECTION 8 HAPS PAYMENTS Start Date End Date 2/13/2013 2/19/2013 15,045.28 3/3 WARRANT REGISTER #34 2/19/2013 PAYEE DESCRIPTION CHK NO DATE AMOUNT PAYROLL Pay period Start Date 4 1/22/2013 End Date 2/4/2013 Check Date 2/13/2013 843,291.77 GRAND TOTAL $ 1,723,200.59 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. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 19th OF MARCH, 2013. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 19, 2013 AGENDA ITEM NO. 19 ITEM TITLE: Public Hearing of the City Council of the City of National City to consider the annual adjustment to the Transportation Development Impact Fee (TDIF), pursuant to NCMC Section 4.52.100 and consistent with Government Code Section 66017, proposing to increase the TDIF by 2%, as required by San Diego Association of Governments (SANDAG), resulting in the fee adjusting from $2,165 per new residential dwellina unit to $2.209 Der unit PREPARED BY: Stephen Manganiello, City Engineer, DEPARTMENT: Engineering PHONE: 619-336-4382 APPROVED BY: EXPLANATION: See attached.; 7 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Hold hearing. BOARD / COMMISSION RECOMMENDATION: N/A. ATTACHMENTS: . Explanation z. Transportation Impact Fee Program Report (on file at City Clerk's Office) Explanation On April 1, 2008, to satisfy the requirements of the TransNet Regional Transportation Congestion Improvement Program (RTCIP) for receipt and expenditure of TransNet funds, City Council adopted Ordinance No. 2008-2310 amending Title 4 of the National City Municipal Code by adding Chapter 4.52 "Establishing and Approving a Transportation Development Impact Fee for Capital Improvement Projects Necessary to Maintain Acceptable Levels of Traffic and Transportation Service Within the City". The TransNet Extension Ordinance requires that the RTCIP transportation mitigation fee charged by local jurisdictions be adjusted every year on July 1 in order to maintain the purchasing power of the program for improvements to the Regional Arterial System. On February 22, 2013 the SANDAG Board of Directors approved a 2 percent adjustment to the RTCIP, raising the minimum fee from $2,165 per new residential dwelling unit to $2,209 per unit beginning July 1, 2013. Per the RTCIP, local agencies are required to implement the annual fee adjustment set by SANDAG. Failure to do so will result in loss of TransNet funding for improvements to local streets. If adopted by City Council, the new fee would go into effect on July 1, 2013. A copy of the City's Transportation Impact Fee Program and fee schedule is available at the City Clerk's Office. Public notice was provided by the City Clerk's Office in accordance with Government Code Section 66017. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 19, 2013 AGENDA ITEM NO. 20 ITEM TITLE: Public Hearing No. 1 of 2 on the allocation of U.S. Department of Housing and Urban Development (HUD) Program Year 2013 entitlement grant funds, program income, and funds remaining from completed projects to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for the 2013-2014 Action Plan (Housing and Grants) PREPARED BY: Carlos J. Aguirre k DEPARTMENT: Housing and Grants PHONE: (619) 336-4391 APPROVED EXPLANATION: In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to prepare and submit an Annual Action Plan for its Housing and Community Development Entitlement Programs funded by the U.S. Department of Housing and Urban Development (HUD). The Fourth -Year Action Plan for FY 2013-14 outlines how the City intends to spend $739,824 in federal Community Development Block Grant (CDBG) and $238,956 in federal HOME Investment Partnerships (HOME) Program entitlement funds. In addition to the funding sources noted above, the City will reprogram $112,623 remaining from previously completed projects as well as allocate $67,834 in HOME program income received. A second Public Hearing will be conducted at the regularly scheduled City Council meeting on May 7, 2013 to review public comments, received during a 30-day public review period from March 27, 2013 through April 25, 2013, on the draft FY2013-14 Annual Action Plan; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the Plan and the CDBG and HOME Program activities being proposed for FY2013-14. After all public comments have been considered at the Public Hearing on May 7, 2013, the City Council vill adopt the Fourth -Year Action Plan. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The City will receive an estimated $739,824 in CDBG and an estimated $238,956 in HOME Program funds for FY2013-14. In addition, the City will allocate to FY2014 HOME activities $67,834 of program income received in Fund 505. The City will also reprogram $112,623 of CDBG entitlement funds from completed projects toward FY2014 CDBG activities. ENVIRONMENTAL REVIEW: Not applicable. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Conduct the Public Hearing and make recommendations for the CDBG and HOME funding allocations from the sources identified in the Financial Statement above. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: Attachment No. 1: FY2013-2014 National City CDBG and HOME Applications for Funding Attachment No. 2: FY2013-2014 Action Plan Timeline Attachment No. 3: 2010-2015 Housing and Community Development Priorities and Specific Objectives Attachment No. 4: Notice of Public Hearing 3-6-13 Attachment No. 1 HUD (Estimated) CDBG Tab FY2013 CDBG Entitlement: $739,824 Previous Year Reallocation: ',112 623 Applicant Name HUD FY2013 HOME Entitlement: $238,956 (Estimated) HOME Pro. ram Income: • 67 834 Program Name Activity Allocation Minimum Allocation �M. e aLr 6Ak �'o 4., - , ._. .. . i,. Ar � �1�:%'Y�Y� 'T J ate.?v3. .. ,-Afi"�=A•.x mG�` .^k.1 1i.Ck $303,586( a v �sry ti $234,586 CDBG Public Service 1 City of National City, Community Services Department At Risk Youth After School Teen Program - "Supreme Teens" $20,000 $20,000 2* Olivewood Gardens and Learning Center Community Health Educators/Promoters $20,000 $10,000 4 Meals -on -Wheels Greater San Diego Home -Delivered Meals to Seniors $8,000 $6,000 5 City of National City, Community Services Department Learn to Swim $32,856 $32,856 6 City of National City, Public Library Literacy Services $52,000 $52,000 7 South Bay Community Services National City Police Department Support Services: Domestic Violence Response Team $20,000 $20,000 8 Young Audiences of San Diego National City Theatre Youth Ensemble $10,000 $10,000 9 PASACAT, Inc. (Philippine Performing Arts Company) Philippines through Dance and Music $14,500 $14,500 10 City of National City, Fire Department Public Access Defibrillator Program $16,893 $16,893 11 City of National City, Community Services Department Tiny Tots $29,337 $29,337 12 Trauma Intervention Programs of San Diego County, Inc. Trauma Intervention Program $8,000 $8,000 24 City of National City, Community Services Department Neighborhood Councils Program $72,000 $15,000 CDBG Code Enforcement $145,000 $121,000 13 City of National City, Neighborhood Services Department Housing Inspection Program $145,000 $121,000 CDBG Economic Development $50,000 $50,000 14 Southwestern Community College District, San Diego Small Business Development Center National City Small Business Assistance Program $50,000 $50,000 CDBG Interim Assistance $121,127 $113,745 15 City of National City, Neighborhood Services Department Neighborhood Preservation $121,127 $113,745 CDBG Public Facility Improvements $321,870 $151,760 16 City of National City, Community Services Department George H. Waters Nutrition Program $75,000 $75,000 17 Olivewood Gardens and Learning Center Outdoor Classroom and Garden Paths $46,870 $26,760 18 Operation Samahan Inc. Samahan-Kimball School Based Health Center $200,000 $50,000 CDBG Public Infrastructure Improvements $664,000 $524,000 19 City of National City, Development Services Department Concrete and ADA Improvements $300,000 $200,000 20** City of National City, Development Services Department Drainage Improvements $300,000 $300,000 22 City of National City, Development Services Department Traffic Safety Enhancements - Emergency Vehicle Preemption $64,000 $24,000 CDBG Rehabilitation $10,000 $10,000 23 GRID Alternatives Solar Affordable Housing Program $10,000 $10,000 Page 1 of 2 3-6-13 Attachment No. 1 HUD (Estimated) CDBG Tab FY2013 CDBG Entitlement: $739,824 Previous Year Reallocation: 112 623 Applicant Name HUD FY2013 HOME Entitlement: $238,956 (Estimated) HOME Pro . ram Income: 67 834 Program Name Activity Allocation Minimum Allocation CDBG Section 108 Loan $247,161 $247,161 n/a City of National City, Fire Department Fire Station 34-Section 108 Loan Payment FY13-14 $247,161 $247,161 CDBG Planning/Administration $147,964 $147,964 n/a City of National City, Housing & Grants CDBG Program Administration $112,964 $112,964 n/a Fair Housin Council of San Diego � � Fair Housin and Tenant -Landlord Education $ $35,000 $35,000 Nita l D `prog am Funds ca v f$2, ` �"lt *Application 3: Council of Philippine American Organizations of San Diego County has withdrew their application for the FiIAm Community Mental Health Educational Outreach Program. **Application 21: La Maestra Family Clinic's application as submitted for the La Maestra Parking Lot Renovation Project is not eligible according to CDBG regulations. n/a City of National City Housing and Grants National City Owner -Occupied Rehabilitation Program $276,111 $276,111 n/a CI of National Cit , Housin. and Grants Program Administration $30,679 $30,679 Page 2 of 2 Attachment No. 2 FY 2013-14 Annual Action Plan Timeline CDBG and HOME Programs November 27, 2012 FY 2013-14 CDBG/HOME Grant Funding Applications Available for Distribution City Hall Clerk's Office, Finance Department Counter, and City of National City Website December 11, 2012 (Tuesday): CDBG/HOME Technical Assistance Workshop for Grant Applicants 10:00 a.m.- 11:30 a.m. MLK Center - South Mtg. Room January - March 2013 Drafting of FY 2013-14 Action Plan January 15, 2013 (Tuesday): CDBG/ HOME Application Submission Deadline Due by 2:00 p.m. at the City Clerks Office February 5, 2013 (Tuesday): Distribution of CDBG/HOME Grant Application Binders to the City Council February 19, 2013 (Tuesday): CDBG/HOME Program Applicant Presentations ' 6:00 p.m. City Hall Council Chambers March 19, 2013 (Tuesday): City Council Public Hearing No. 1- Applicant Grant Funding Recommendations (Decision Making Meeting) 6:00 p.m. City Hall Council Chambers March 27-April 25, 2013 Mandatory 30-Day Public Review FY 2013-14 Action Plan May 7, 2013 (Tuesday): City Council Final Public Hearing No. 2 - Approval of the FY 2013-14 Action Plan 6:00 p.m. City Hall Council Chambers May 14, 2013 (Tuesday): Submission of the FY 2013-14 Action Plan to HUD Attachment No. 3 FIVE-YEAR CONSOLIDATED PLAN 2010-2015 STRATEGIC HOUSING (H) PLAN PRIORITIES AND OBJECTIVES Summary: In order to maintain quality structures and living spaces in National City, the City prioritizes single- family and multi -family rehabilitation programs to provide assistance for repairs and rehabilitation, especially for affordable housing stock. Obiective 1: Minor Home Rehabilitation Provide funding for minor rehabilitation of 50 units. Objective 2: Ownership Housing Rehabilitation Program Provide funding (loans and rebates) to rehabilitate/repair 15 single-family housing units. Objective 3: Rental Unit Rehabilitation Program Provide loans to owners of rental housing to rehabilitate/repair 12 units, in return for a deed restriction to maintain units affordable. Objective 4: Housing Inspection Program Provide funding to assist 150 housing units with housing inspections that will provide technical assistance to property owners with regards to code enforcement and violations. Objective 5: Lead -Based Paint Hazard Reduction Continue to educate residents on health dangers of lead; require testing and lead hazard reduction in conjunction with rehabilitation. Summary: Develop program that will provide financial assistance through loans and/or grants to help first-time homebuyers. Objective 1: Provide homeownership assistance to 33 households. Summary: City will work with for -profit and non-profit housing developers to acquire, rehabilitate, and construct new affordable housing units. Objective 1: Support the rehabilitation and/or construction of 50 affordable housing units. Summary: Contract with the Fair Housing Council of San Diego to perform investigation, reporting, monitoring, tenant counseling, and landlord training on fair housing law. Objective 1: Provide assistance to fair housing counseling and enforcement organizations. Annually evaluate services provided. Seek to assist 250 households. Objective 2: Actively advertise the services provided to National City residents in public locations. Objective 3: Continue to comply with the fair housing planning requirements of CDBG & HOME programs. Page 1 of 3 Attachment No. 3 Summary: Two projects with 260 federally assisted units are at risk of converting to market rate. City will implement the following objectives to conserve affordable housing stock at risk of conversion. Objective 1: Monitor units at -risk of converting to market rate. Objective 2: Establish contact with agencies interested in purchasing and/or managing units. Objective 3: Work with tenants and provide them with information of other affordable housing opportunities. Objective 4: Assist tenants of at -risk housing to obtain priority status for Section-8 if conversion to market rate. ions at -risk Summary: National City if a part of the San Diego Continuum of Care System and addresses homeless issues in the community through the continuum of care model. The National City Housing Authority and CDBG funds can also be used to provide supportive services to the homeless and those at -risk of becoming homeless. Objective 1: Continue to support and participate in the San Diego Continuum of Care System. Objective 2: Coordinate with Emergency Food and Shelter Programs to bring funds into the region. Objective 3: Assist 300 persons by providing assistance to agencies and organizations that provide services to the homeless and/or persons at -risk of homelessness. Identified funding source: Homelessness Prevention and Rapid Re -Housing Program (HPRP) Page 2 of 3 Attachment No.3 Priority... Provide for new a, FIVE-YEAR CONSOLIDATED PLAN 2010-2015 STRATEGIC COMMUNITY DEVELOPMENT (CD) PLAN PRIORITIES AND OBJECTIVES npi';bve•existing' Summary: CDBG funds may be used to improve and expand parks and recreation facilities, to assist in the construction, expansion, and/or rehabilitation of other non -City owned community facilities serving the City's low- and moderate -income population and people with special needs. CDBG funds may also be used for new fire facilities and equipment if needed. In the past, CDBG funds leveraged a Section 108 loan for these purposes. The City's 5-year Capital Improvement Plan (CIP) identifies capital project needs; some of these projects have been identified as priorities for the Consolidate Plan 5-year period, including improvements to be made with regard to ADA compliance. Objective 1: Pursue 3 improvement projects to parks, recreational, and community facilities annually, for a total of 15 projects during the five-year Consolidated Plan period. Objective 2: Continue to prioritize repayment of the Section 108 loan, allocating CDBG funds and program income. Summary: Street and sidewalk improvements are needed in low- and moderate -income areas to support continued investment. In addition, flood control projects have been identified as priorities. Objective 1: Pursue 2 flood control and 15 street improvement projects. Summary: The public outreach process identified homeless and emergency food services, senior services, childcare, and especially youth services, and crime awareness/prevention as priority services. Objective 1: Pursue public services for lower -income and special needs populations as identified on a yearly basis. Assist 8,350 persons or households over the five-year Consolidated Plan period. Priority CDi 10 Provide for necessa Summary: To ensure the effective use of limited CDBG and HOME funds, the City must allocate money towards planning and monitoring. Preparation of annual updates allows the City to address the community's changing needs. Continued outreach to low- and moderate -income households should be conducted as part of the CDBG program's required public participation process. Objective 1: Annually review implementation of Consolidated Plan and update Action Plan as necessary. Objective 2: Conduct monitoring of CDBG and HOME funded activities. Objective 3: Ensure understanding of changing community needs through coordination with the Neighborhood Councils. Objective 4: Support efforts to increase volunteerism in the community in order to assist in the removal of blight and increase community engagement. Page 3 of 3 Attachment No. 4 r .ra1k1 `* PUBLIC NOTICE CITY OF NATIONAL CITY FIRST PUBLIC HEARING FOR THE DRAFT FISCAL YEAR 2013-14 ANNUAL ACTION PLAN In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to prepare and submit an Annual Action Plan for its Housing and Community Development Entitlement Programs funded by the U.S. Depaitinent of Housing and Urban Development (HUD). The 2010-2015 Consolidated Plan outlines the City's housing and non -housing community development needs and priorities over five years. The Fourth -Year Action Plan for FY 2013-14 outlines how the City intends to spend approximately $716,461 in federal Community Development Block Grant (CDBG) and approximately $231,411 in federal HOME Investment Partnerships (HOME) Program entitlement funds. In addition to the funding sources noted above, the City anticipates reprogramming $112,623 from previously funded CDBG activities as well as allocating $67,834 in HOME program income. Notice is hereby given that the City Council of the City of National City will hold the first of two Public Hearings on Tuesday. March 19, 2013 at 6:00 p.m. The purpose of the Public Hearing is to provide the opportunity for public comment on the CDBG and HOME Program goals, priorities, and applications submitted for funding before City Council initiates their recommendation for funding activities in FY2013-14. The Consolidated Plan and a binder of applications submitted for funding are available for review at 1243 National City Blvd, National City, in the Office of the City Clerk. A second Public Hearing will be conducted at the regularly scheduled City Council meeting on May 7, 2012 to review public comments received during a 30-day public review period (March 27, 2013 through April 25, 2013) of the draft FY2013-14 Annual Action Plan; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the Plan and the CDBG and HOME Program activities being proposed for FY2013-14. After all public comments have been considered at the Public Hearing on May 7, 2013, the City Council will adopt the Fourth -Year Action Plan. Public participation is an essential part in the development of the Annual Action Plan. Interested persons and community groups are invited to attend and participate at these hearings. Both Public Hearings will be held at the City of National City. City Hall Council Chambers, located at 1243 National City Boulevard. National City. CA 91950. For more information regarding this process, please contact the Housing and Grant Division at (619) 336-4391. Hearing impaired persons please use the CAL Relay Service Number 711. City facilities are wheelchair accessible. 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. Asistencia en Espanol: Para que le interpreten la informacion en espafiol, llame al (619) 336-4391. Leslie Deese, City Manager City of National City March 6, 2013 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 19, 2013, AGENDA ITEM NO. 21 ITEM TITLE: A Resolution of the City Council of the City of National City amending the previously adopted Transportation Development Impact Fee (TDIF) schedule and annual adjustment to the TDIF, pursuant to NCMC Section 4.52.100 and consistent with Government Code section 66017, approving an increase in the TDIF by 2%, as required by San Diego Association of Governments (SANDAG), resulting in the fee adjusting from $2,165 per new residential dwelling unit to $2,209 per unit (fees deposited into Transportation Impact Fee Fund) PREPARED BY: Stephen Manganiello, City Engineer PHONE: '619-336-4382 EXPLANATION: See attached!, DEPARTMENT: Engineering APPROVED BY: FINANCIAL STATEMENT: APPROVED: 1/4Finance ACCOUNT NO. Transportation Impact Fee Fund APPROVED: MIS 326-409-500-598-6569 (97% of fees collected); 326-409-000-213-0000 (2% of fees collected); 326-409-000-650-9005 (1 % of fees collected) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A. ATTACHMENTS: 1. Explanation 2. Resolution Explanation In November 2004, San Diego County voters approved local Proposition A extending the TransNet '/2 cent sales tax to fund the region's transportation system for 40 years. As part of Proposition A and the TransNet Extension Ordinance, the Regional Transportation Congestion Improvement Program (RTCIP) was created to ensure that new development directly invests in the region's transportation system to offset the negative impacts of growth on congestion and mobility. One of the requirements of the RTCIP was that by July 1, 2008, each local agency must contribute $2,000 from exactions imposed on the private sector for each new residence constructed within each jurisdiction. Failure to do so would result in an agency's loss of TransNet funding for improvement of local streets. Cities have the authority to impose impact fees under the Mitigation Fee Act contained in California Government Code sections 66000 through 66025. Therefore, on April 1, 2008, to satisfy the requirements of the TransNet RTCIP for receipt and expenditure of TransNet funds, City Council adopted Ordinance No. 2008-2310 amending Title 4 of the National City Municipal Code by adding Chapter 4.52 "Establishing and Approving a Transportation Development Impact Fee for Capital Improvement Projects Necessary to Maintain Acceptable Levels of Traffic and Transportation Service Within the City". The TransNet Extension Ordinance requires that the RTCIP transportation mitigation fee charged by local jurisdictions be adjusted every year on July 1 in order to maintain the purchasing power of the program for improvements to the Regional Arterial System. On February 22, 2013 the SANDAG Board of Directors approved a 2 percent adjustment to the RTCIP, raising the minimum fee from $2,165 per new residential dwelling unit to $2,209 per unit beginning July 1, 2013. The following summarizes the adjusted fee schedule for new residential development, which will go into effect on July 1, 2013. The Transportation Development Impact Fee shall be collected prior to the issuance of any building permit for residential development in the City of National City. A copy of the City's Transportation Impact Fee Program and fee schedule is available at the City Clerk's Office. Residential Land Use Fee Single-family $ 2,209 per dwelling unit Multi -family $ 2,209 per dwelling unit RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE PREVIOUSLY ADOPTED TRANSPORTATION DEVELOPMENT IMPACT FEE ("TDIF") SCHEDULE AND ANNUAL ADJUSTMENT TO THE TDIF, PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 4.52.100, AND CONSISTENT WITH GOVERNMENT CODE SECTION 66017, APPROVING AN INCREASE IN THE TDIF BY 2%, AS REQUIRED BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS ("SANDAG"), RESULTING IN THE FEE ADJUSTING FROM $2,165 PER NEW RESIDENTIAL UNIT TO $2,209 PER UNIT, BEGINNING JULY 1, 2013 WHEREAS, in November 2004, San Diego County voters approved Proposition "A", extending the TransNet one-half sales tax to fund the region's transportation system for 40 years; and WHEREAS, as part of Proposition "A" and the TransNet Extension Ordinance, the Regional Transportation Congestion Improvement Program ("RTCIP") was created to ensure that new development directly invests in the region's transportation system to offset the negative impacts of growth on congestion and mobility; and WHEREAS, to receive TransNet funding, one of the requirements of the RTCIP was that by July, 2008, each local agency must contribute $2,000 from exactions imposed on the private sector for each new residence constructed within each jurisdiction; and WHEREAS, to satisfy the requirements of the TransNet RTCIP, on April 1, 2008, the City Council adopted Ordinance No. 2008-2310 (National City Municipal Code ("NCMC") Chapter 4.52), establishing a Transportation Development Impact Fee for Capital Improvement Projects; and WHEREAS, pursuant to NCMC Section 4.52.100, and consistent with Government Code Section 66017, the City of National City and other local agencies are required to implement an annual fee adjustment set by the San Diego Association of Governments ("SANDAG"); and WHEREAS, on February 22, 2013, the SANDAG Board of Directors approved a two percent (2%) adjustment to the RTCIP, increasing the minimum fee from $2,165 per new residential dwelling unit to $2,209 per unit beginning July 1, 2013. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby amends the previously adopted Transportation Development Impact Fee Schedule and annual adjustment to the TDIF, pursuant to NCMC Section 4.52.100, and consistent with Government Code Section 66017, by approving an increase to the TDIF by two percent (2%), as required by SANDAG, resulting in the fee adjusting from $2,165 per new residential dwelling unit to $2,209 per unit, beginning July 1, 2013. --- Signature Page to Follow --- Resolution No. 2013 — Page Two PASSED and ADOPTED this 19th day of March, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalia, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 19, 2013 AGENDA ITEM NO. 22 ITEM TITLE: Resolution of the City Council of the City of National City approving an agreement between the San Diego Unified Port District and the City of National City for Police, Fire and Emergency Medical Services PREPARED BY: Stacey Stevenson DEPARTMENT: F. PHONE: 336-4308 APPROVED B EXPLANATION: See attached staff report FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Current Agreement (FY 2013) Proposed Agreement (FY 2013) Difference 001-11000-3556 $586,602 $590,707 $4,105 001-12125-3556 $202,494 $496,888 $294,394 Total $789,096 $1,087,595 $298,499 ENVIRONMENTAL REVIEW: This is not a project and therefore is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: It is staff's recommendation that the City Council approval this agreement with the San Diego Unified Port District for Police, Fire and Emergency Medical Services for the period July 1, 2012 through June 30, 2021. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. Resolution 3. Agreement No. 89-2012 Between the San Diego Unified Port District and the City of National City City Council Staff Report March 19, 2013 ITEM Staff Report: Resolution of the City Council of the City of National City approving an agreement between the San Diego Unified Port District and the City of National City for Police, Fire and Emergency Medical Services BACKGROUND The San Diego Unified Port District (Port) contracts for Police, Fire and Emergency Medical Services on tidelands with each of the local cities containing tidelands within their jurisdictional boundaries. The most recent agreement between the Port and the City of National City (City) was entered into on July 1, 2009. Resulting from protracted negotiations, said agreement, set to expire on June 30, 2012 was extended three times through City Council approved amendments. Having concluded negotiations, staff brings forward a new agreement for a nine year term: July 1, 2012 through June 30, 2021. DISCUSSION Under the term of the proposed agreement, the City of National City Police and Fire Departments will provide Police, Fire and Emergency Medical Services on Port tidelands within National City boundaries. Key terms of the proposed agreement include the following: • Compensation for Fiscal Year 2013 shall be a not to exceed baseline rate of $1,087,595; a $298,499 increase over the current agreement. • Compensation for Fiscal Years 2014 through 2021 shall be calculated on an annual escalation based on the San Diego County Consumer Price Index (CPI). If the Port's operating growth is less than CPI, the compensation shall be adjusted based on the Port's financial performance. • The nine year agreement includes the option to re-evaluate services needed every three years, as needed. • The Port may reduce the level of service or adjust compensation based on unanticipated events. Page 2 Staff Report — Resolution of the City Council of the City of National City approving an agreement between the San Diego Unified Port District and the City of National City for Police, Fire and Emergency Medical Services March 19, 2013 RECOMMENDATION It is staffs recommendation that the City Council approval this agreement with the San Diego Unified Port District for Police, Fire and Emergency Medical Services for the period July 1, 2012 through June 30, 2021. FISCAL IMPACT During the first year of the agreement, the City's revenue will increase by up to $298,499. Current Agreement (FY 2013) Proposed Agreement (FY 2013) Difference (Increase) $4,105 Police $586,602 $590,707 Fire $202,494 $496,888 $294,394 Total $789,096 $1,087,595 $298,499 Revenue to the City for the remaining eight (8) years of the agreement will be based upon CPI and the Port's operating revenue growth. AGREEMENT BETWEEN SAN DIEGO UNIFIED PORT DISTRICT and CITY OF NATIONAL CITY for POLICE, FIRE AND EMERGENCY MEDICAL SERVICES AGREEMENT NO. 89.2012 The parties to this Agreement are the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, herein called "District" and the CITY OF NATIONAL CITY; a municipal corporation, herein called "City." RECITALS: WHEREAS, the San Diego Unified Port District Act allows the District to contract with the Municipalities whose territorial limits are adjacent to or contiguous to those of the District for police, fire and other services, and; WHEREAS, the District and the City desire to execute an Agreement for police, fire and emergency medical services on non -ad valorem tideland trust property located in the City ("Agreement"), and; WHEREAS, the City has the capacity to provide police, fire and emergency medical services to said District property; NOW, THEREFORE, it is mutually understood and agreed by and between the parties as follows: 1. SCOPE OF SERVICES This Agreement covers reimbursement of the cost of police, fire and emergency medical (EMS) services to be provided by the City upon the District's tidelands and property within the City's limits, which do not generate ad valorem tax revenues, as depicted in Exhibit A, Non Tax Paying Tidelands in the City of National City, incorporated by reference as Agreement No.: 89-2012 Party to Agreement: City of National City Requesting Department: Executive Offices ORIGINAL Page 1 of 14 though fully set forth herein. Those properties include, but are not limited to, non -dedicated streets, parks and other open space, unleased developed properties, leased properties wherein the lessee is not subject to ad valorem taxes (with the exception of properties leased to the City), and unleased vacant land. Nothing herein contained shall give the City the right to use or occupy any District real or personal property, or to otherwise use the services of the District or its employees. City shall provide police, fire and emergency medical services as contained in the Statement of Services established as the baseline service level, attached hereto as Attachment A and incorporated by reference as though fully set forth herein. B. Services under this Agreement shall be in furtherance of the San Diego Bay tideland trust for the accommodation of commerce, navigation, fisheries, and recreation on said trust tidelands for the benefit of all of the people of the State of California. C. District may reduce level of service or adjust compensation based on unanticipated events, including but not limited to: • Unanticipated events/needs that would require District expense budget cuts. • Significant bad debt, significant pension cost increases, pollution remediation, significant loss or settlement payment from litigation. • Major Maintenance project necessary for preservation of existing revenue stream or prior capital investment. • Unforeseen need to comply with current regulatory requirement or legal mandate. • District's need to replenish operating reserves when reserves go below the current policy. D. Service levels may be adjusted in the event of exogenous shocks as a result of acts of nature and/or catastrophic events (e.g., storms, wildfires, and/or 9/11 type incidents). Agreement No.: 89-2012 Party to Agreement: City of National City Requesting Department: Executive Offices Page 2 of 14 E. District and City shall have the option to re-evaluate service needs every three (3) years, as needed (i.e., substantial changes in service needs from increased activity resulting in negative impact to public safety or mutually determined unsatisfactory service conditions on tidelands, or a significant change in the non -taxpaying tidelands). If the need for re-evaluation is mutually determined by District and City, discussions may start on the third contract year and any decisions made may apply to the fourth contract year. F. Should service levels require adjustment, City shall provide to District a detailed summary of changes to service levels. Upon approval by District, the service level adjustment shall be incorporated as an amendment to the Agreement. 2. TERM OF AGREEMENT: This Agreement covers services rendered from July 1, 2012 through June 30, 2021, subject to earlier termination as provided herein. 3. COMPENSATION: A. In consideration of the foregoing performances by the City, District shall pay City an amount not to exceed the baseline rate $1,087,595.00 for Fiscal Year 12/13 for services contained in the Statement of Services, referenced as Attachment A. Compensation for Fiscal Year 13/14 through Fiscal Year 20/21 shall be calculated on an annual escalation based on San Diego County Consumer Price Index (CPI), except for years when the District's actual percentage increase in operating revenue is less than the CPI. CPI will be based on the index change from the prior calendar year. 1 The operating revenues used in this formula include certain exclusions, such as pass through revenues, restricted revenues, significant one-time revenue increases or decreases, and any significant unforeseen substantial expenses greater than $500,000 in the aggregate (e.g., loss or settlement payment from litigation, any unforeseen equipment breakdown like HVAC). Agreement No.: 89-2012 Party to Agreement: City of National City Requesting Department: Executive Offices Page 3 of 14 B. If the District's operating revenue growth is Tess than the CPI, the compensation shall be adjusted based on the District's financial performance and service level shall be reduced accordingly in collaboration with City.-Districtshall provide the City the prior fiscal year's revenue growth no later than December 31 of the following fiscal year. Example: FY13/14 revenue growth will be calculated after the fiscal year has ended on June 30, 2014 and the financial reports are completed. No later than December 2014, the District will provide the compensation adjustment to the City to coincide with the preparation of the city's FY 15/16 budget. The adjustment will be effective for the FY15/16 compensation. C. Yearly escalation based on CPI shall not exceed 4%. Example: CPI 2012= 4.5% District's Revenue Growth FY 13/14= 5% Escalation will be capped at 4%. D. If the District's operating revenue growth is negative, adjustment may not be lower than -4%. Example: CPI 2012= 3% District's Revenue Growth FY 13/14 = -6% Adjustment will be -4% E. City shall submit written requests for reimbursement to District for equal quarterly payments under this Agreement. Written requests shall be submitted on a quarterly basis, at the end of each fiscal quarter. District agrees to make reimbursement payments to the City within thirty (30) days of receipt of a properly prepared request for reimbursement. Agreement No.: 89-2012 Party to Agreement: City of National City Requesting Department: Executive Offices Page 4 of 14 4. RECORDS: In accordance with generally accepted accounting principles, City shall maintain full and complete documentation of the cost of services performed under this Agreement. Such documentation, if reasonably available and prepared and maintained in the regular course of business, may include time cards, contracts, receipts, original invoices, canceled checks, payroll documentation, calls for service records, dispatch records, police and fire budget data, other budget data used to calculate citywide overhead factors, and periodic Togs maintained by police and fire staff. Such records shall be open to inspection of District at all reasonable times in the City of National City and such records shall be maintained in accordance with applicable laws and policies of the State of California and City of National City related to records retention. Generally, all records set forth herein shall be maintained for at least three (3) years from the date of termination of this Agreement. If City is notified by District of a dispute, claim, litigation, or appeal arising from this Agreement, City shall maintain applicable and material records for a period of three (3) years after notification of the dispute, claim, litigation, or appeal, or until the dispute, appeal, litigation or claim has been finally resolved or adjudicated, whichever is later. City understands and agrees that District, at all times under this Agreement, has the right to audit financial or other records, which City has prepared or which relate to the work which City is performing for District pursuant to this Agreement regardless of whether such records have previously been provided to District. City shall provide District at City's expense a copy of all such records within ten (10) working days of a written request by District, unless the requested records are voluminous in nature. In that case, City may extend the time to respond to a request for records, as provided by the California Public Records Act, set forth in the California Government Code, and incorporated herein as controlling authority related to records disclosure. District's right to records shall also include Agreement No.; 89-2012 Party to Agreement: City of National City Requesting Department: Executive Offices Page 5 of 14 inspection at reasonable times at the City's office or facilities, which are engaged in the performance of services pursuant to this Agreement. City shall, at no cost to District furnish reasonable facilities and assistance for such review and audit. 5. COMPLIANCE: In performance of this Agreement, City shall comply with the California Fair Employment and Housing Act, the American with Disabilities Act, and all other applicable federal, state, and local laws prohibiting discrimination, including without limitation, laws prohibiting discrimination because of age, ancestry, color, creed, denial of family and medical care leave, disability, marital status, medical condition, national origin, race, religion, sex, or sexual orientation. City shall comply with the prevailing wage provisions of the Labor Code, and the Political Reform Act provisions of the Government Code, as applicable. City shall comply with all applicable federal, state and local law, as well as any applicable District codes and policies in effect now. 6. INDEPENDENT ANALYSIS: City shall provide the services required by this Agreement, independent of the control and direction of District, other than normal contract monitoring provided, however, City shall possess no authority with respect to any District decision beyond rendition of such information, advice, or recommendations. 7. ASSIGNMENT: City shall not assign this Agreement or any right or interest hereunder without express prior written consent of District, nor shall District assign this Agreement or any right or interest hereunder without express prior written consent of City. 8. MUTUAL INDEMNIFICATION A. City agrees to defend, indemnify and hold the District harmless against and from any and all damages to property or injuries to or death of any person or persons, including employees or agents of the District, and shall defend, indemnify and hold harmless the District, its officers, agents and Agreement No.: 89-2012 Party to Agreement: City of National City Requesting Department: Executive Offices Page 6 of 14 employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the City or any of its officers, agents or employees, unless otherwise agreed to in writing by City and District. B. District agrees to defend, indemnify and hold the City harmless against and from any and all damages to property or injuries to or death of any person or persons, including employees or agents of the City, and shall defend, indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, of or by anyone whomsoever, in any. way resulting from or arising out of the negligent or intentional acts, errors, or omissions of the District or any of its officers, agents or employees, unless otherwise agreed to in writing by District and City. 9. INSURANCE REQUIREMENTS: A. City and District shall at all times during the term of this Agreement maintain, at its expense, the following minimum levels and types of insurance: (1) Commercial General Liability (including, without limitation, Contractual Liability, Personal Injury, Advertising Injury, and Products/Completed Operations) coverages, with coverage at least as broad as Insurance Services Office Commercial General Liability Coverage (occurrence Form CG 0001) with limits no less than one million dollars ($1,000,000) per Occurrence and two million dollars ($2,000,000) Aggregate for bodily injury, personal injury and property damage. Agreement No.: 89-2012 Party to Agreement: City of National City Requesting Department: Executive Offices Page 7 of 14 (a) The deductible or self -insured retention on this Commercial General Liability shall not exceed $250,000 unless District has approved of a higher deductible or self -insured retention in writing. (b) The Commercial General Liability policy shall be endorsed to include the District; its agents, officers and employees as additional insureds in the form as required by the District. An exemplar endorsement is attached (Exhibit B, Certificate of Insurance, attached hereto and incorporated herein). (c) The coverage provided to the District, as an additional insured, shall be primary and any insurance or self- insurance maintained by the District shall be excess of the Service Provider's insurance and shall not contribute to it. (d) The Commercial General Liability policy shall be endorsed to include a waiver of transfer of rights of recovery against the District ("Waiver of Subrogation"). (2) Commercial Automobile Liability (Owned, Scheduled, Non -Owned, or Hired Automobiles) written at least as broad as Insurance Services Office Form Number CA 0001 with limits of no less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. (3) Workers' Compensation, statutory limits, is required of the Service Provider and all sub -consultants (or be a qualified self -insured) under the applicable laws and in accordance with "Workers' Compensation and Insurance Act", Division IV of the Labor Code of the State of California and any Acts amendatory thereof. Employer's Liability, in an amount of not less than one million dollars ($1,000,000) each accident, $1,000,000 disease policy limit Agreement No.: 89-2012 Party to Agreement: City of National City Requesting Department Executive Offices Page 8 of 14 and $1,000,000 disease each employee. This policy shall be endorsed to include a waiver of subrogation endorsement, where permitted by law. (4) Umbrella or Excess Liability insurance with limits no less than one million dollars ($1,000,000) per occurrence and aggregate. This policy must provide excess insurance over the same terms and conditions required above for the General Liability, Automobile Liability and Employer's Liability policies. B. Certificates of insurance coverage for all the policies described above upon execution of this Agreement and upon renewal of any of these policies shall be provided by City and District to the other party. A Certificate of Insurance in a form acceptable to the District, an exemplar Certificate of Insurance is attached as Exhibit B and made a part hereof, evidencing the existence of the necessary insurance policies and endorsements required shall be kept on file with the District. Except in the event of cancellation for non-payment of premium, in which case notice shall be 10 days, all such policies must be endorsed so that the insurer(s) must notify the District in writing at least 30 days in advance of policy cancellation. City shall also provide notice to District prior to cancellation of, or any change in, the stated coverages of insurance. C. The Certificate of Insurance must delineate the name of the insurance company affording coverage and the policy number(s) specifically referenced to each type of insurance, either on the face of the certificate or on an attachment thereto. If an addendum setting forth multiple insurance companies or underwriters is attached to the certificate of insurance, the addendum shall indicate the insurance carrier or underwriter who is the lead carrier and the applicable policy number for the CGL coverage. Agreement No.: 89-2012 Party to Agreement: City of National City Requesting Department: Executive Offices Page 9 of 14 D. Furnishing insurance specified herein by the District will in no way relieve or limit any responsibility or obligation imposed by the Agreement or otherwise on City. Each party reserves the right to obtain complete copies of any of the insurance policies required herein. 10. INDEPENDENT CONTRACTOR: City and any agent or employee of City shall act in an independent capacity and not as officers or employees of District. The District assumes no responsibility for taxes, bonds, payments or other commitments, implied or explicit by or for the City. City shall not have authority to act as an agent on behalf of the District unless specifically authorized to do so in writing. City acknowledges that it is aware that because it is an independent contractor, District is making no deductions from its fee and is not contributing to any fund on its behalf. City disclaims the right to any fee or benefits except as expressly provided for in this Agreement. 11. ADVICE OF COUNSEL: The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the parties hereto. This Agreement shall not be construed in favor of or against either party by reason of the extent to which each party participated in the drafting of the Agreement. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California. 12. INDEPENDENT REVIEW: Each party hereto declares and represents that in entering into this Agreement it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this Agreement is being made without reliance upon any statement or representation not Agreement No.: 89-2012 Party to Agreement: City of National City Requesting Department: Executive Offices Page 10 of 14 contained herein of any other party, or any representative, agent or attorney of any other party. 13. INTEGRATION AND MODIFICATION: This Agreement contains the entire Agreement between the parties and supersedes all prior negotiations, discussion, obligations and rights of the parties in respect of each other regarding the subject matter of this Agreement. There is no other written or oral understanding between the parties. No modifications, amendment or alteration of this Agreement shall be valid unless it is in writing and signed by the parties hereto. 14. TERMINATION: In addition to any other rights and remedies allowed by law, either party may terminate this Agreement at the end of a service year with or without cause by giving at least six (6) months written notice prior to the start of the next year of service to the other parties of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials, in possession of City that are the property of District, at the option of District, shall be. delivered by City to the Don L. Nay Port Administration Building (located at 3165 Pacific Highway, San Diego, California 92101). Termination of this Agreement by Executive Director (President/CEO) as provided in this paragraph shall release District from any further fee hereunder by City other than the fees earned for services which were performed prior to termination but not yet paid. Said fee shall be calculated and based on the schedule as provided in this Agreement. 15. DISPUTE RESOLUTION: If a dispute arises out of or relates to this Agreement, or the alleged breach thereof, and is not settled by direct negotiation or such other procedures as may be agreed, and if such dispute is not otherwise time barred, the parties agree to first try in good faith to settle the dispute amicably by Agreement No.: 89-2012 Party to Agreement: City of National City Requesting Department: Executive Offices Page 11 of 14 mediation administered at San Diego, California, by the American Arbitration Association, or by such other provider as the parties may mutually select, prior to initiating any litigation or arbitration. Notice of any such dispute must be filed in writing with the other party within a reasonable time after the dispute has arisen. Any resultant Agreements shall be documented and may be used as the basis for an amendment or directive as appropriate. If mediation is unsuccessful in settling all disputes that are not otherwise time barred, and if both parties agree, any still unresolved disputes may be resolved by arbitration administered at San Diego, California, by the American Arbitration Association, or by such other provider as the parties may mutually select, provided, however, that the Arbitration Award shall be non -binding and advisory only. Any resultant Agreements shall be documented and may be used as the basis for an amendment or directive as appropriate. On demand of the arbitrator or any party to this Agreement, all parties bound by this arbitration provision agree to join in and become parties to the arbitration proceeding. 16. PAYMENT BY DISTRICT: Payment by the District pursuant to this Agreement does not represent that the District has made a detailed examination, audit, or arithmetic verification of the documentation submitted for payment by the City, made an exhaustive inspection to check the quality or quantity of the services performed by the City, made an examination to ascertain how or for what purpose the City has used money previously paid on account by the District, or constitute a waiver of claims against the City by the District. 17. CAPTIONS: The captions by which the paragraphs of this Agreement are identified are for convenience only and shall have no effect upon its interpretation. 18. SIGNATURE: It is an express condition of this Agreement that said Agreement shall not be complete nor effective until signed by the Executive Director Agreement No.: 89-2012 Party to Agreement: City of National City Requesting Department: Executive Offices Page 12 of 14 (President/CEO) or Authorized Designee on behalf of the District and by the City Mayor or Authorized Designee of the City. A. City shall submit all correspondence regarding this Agreement to the following District representative: Executive Vice President, Administration Executive Offices San Diego Unified Port District P.O. Box 120488 San Diego, CA 92112-0488 B. District shall submit all correspondence regarding this Agreement to the following City representative: Leslie Deese, City Manager City of National City 1243 National City Blvd. National City, CA 91950 Tel. (619) 336-4240 cmo@nationalcityca.gov ***END OF PAGE*** Agreement No.: 89-2012 Party to Agreement: City of National City Requesting Department: Executive Offices Page 13 of 14 C. Written notification to the other party shall be provided, in advance, of changes in the name or address of the designated representative. SAN DIEGO UNIFIED PORT DISTRICT CITY OF NATIONAL CITY Wayne Darbeau President/CEO Ron Morrison Mayor PORT ATTORNEY Attest: City Clerk Approved as to Form: City Attorney Agreement No.: 89-2012 Party to Agreement: City of National City Requesting Department: Executive Offices Page 14 of 14 Police Services ATTACHMENT A STATEMENT OF SERVICES CITY OF NATIONAL CITY Annual Cost for Services Based on Actual 2012 Police Department Costs (FY 2012) 16,519,764 Number of Patrol Officers (FTE) 33 Annual Cost per Officer 500,599 Number of Officers Required Cost of Police Services Fire and Medical Services 1.18 TOTAL POLICE, FIRE AND EMERGENCY MEDICAL FY 2013 $590,707.00 $496,888.00 SERVICES $1,087,595.00 Agreement No.: 89-2012; Attachment A Party to Agreement: City of National City Requesting Department: Executive Offices Page 1 of 4 CITY OF NATIONAL CITY Actual Total Police Department Costs - FY 2011-12 100-0000 Part time Salaries 69,967.36 101-0000 Full time Salaries 7,940,759.34 102-0000 Overtime 646,865.40 105-0000 Longevity 13,793.23 107-0000 Educational Incentive Pay 102,745.31 110-0000 Allowances & Stipends 89,463.72 120-0000 Differential Pay 215,522.71 140-0000 Workers'Compensation 779,915.17 150-0000 Health Insurance 912,835.85 151-0000 LTD Insurance 22,761.04 160-0000 Retirement Plan 3,162,480.04 161-0000 Medicare 131,805.64 199-0000 Personnel Compensation 224,157.29 205-0000 Medical Services 41,213.60 217-0000 Investigative Services 6,796.68 222-0000 Memberships & Subscriptions 6,241.33 226-0000 Training, Travel & Subsistence 40,024.96 230-0000 Printing & Binding 8,178.30 250-0000 Postage 584.15 259-0000 K-9 Care and Supplies 14,897.29 261-0000 Emergency Animal Treatment 322,737.24 269-0000 Facility Lease 487,450.00 287-0000 R & M - Communications Equipt. 21,414.18 299-0000 Contract Services 123,987.79 304-0000 Books 1,397.53 305-0000 Medical Supplies 411.89 309-0000 Photographic Supplies 104.49 316-0000 Ammunition 48,873.09 318-0000 Wearing Apparel 6,385.98 318-0002 Wearing Apparel 15,940.59 319-0000 Uniform Accessories 3,244.69 353-0000 Patrol/Crime Lab/Prop. Supplies 28,377.29 Minor Equipment - Less Than 355-0000 $5,000.00 6,767.41 399-0000 Materials & Supplies 31,352.81 511-0000 Automotive Equipment 43,028.76 515-0000 Communications Equipment 3,565.80 755-0000 Info Systems Maint Charge 943,716.00 16,519,763.95 Agreement No.: 89-2012; Attachment A Party to Agreement: City of National City Requesting Department: Executive Offices Page 2 of 4 Number of Beat Officers Required To Staff Service Demand For Tidelands Non -Tax Paying Areas Description Reference Amount FY 2011-12 calls for service (CFS) Call for Services 351 Record FY 2011-12 proactive patrol (PP) 1.5 hours/patrol X 3 patrol/day 1.5 x 3 x 365 days 1,643 Total beat officer hours, PP+CFS 1,994 Available beat officer hours per year per officer 1,686 Number of Officers required (FTE) (1994 / 1686) 1.18 for PP + CFS Agreement No.: 89-2012; Attachment A Party to Agreement: City of National City Requesting Department: Executive Offices Page 3 of 4 CITY OF NATIONAL CITY BEAT OFFICER AVAILABLE FIELD TIME PER YEAR Description Reference Amount Number of workweeks per year 52 Number of workdays per workweek 4 Gross workdays per year 52 x 4 208 Leave days per year: Vacation (20) Sick Leave (9.5) Available field days per year (208 - 29.5) 198.3 Number of field hours per day: Work hours per day 10 Rest period (1) Briefing (0.5) Net field hours per day (10 -1.5) 8.5 Net Available field hours per year (198.3 x 8.5) 1685.55 Agreement No.: 89-2012; Attachment A Party to Agreement: City of National City Requesting Department: Executive Offices Page 4 of 4 EXHIBIT A Non Tax Paying Tidelands in the City of National City tok dir7„ P.11 VONOiLV' %13%ik°.*1 • tp, Agreement No.: 89-2012; Exhibit A Party to Agreement: City of National City Requesting Department: Executive Offices Page 1 of 1 EXHIBIT B CERTIFICATE OF INSURANCE San Diego Unified Port District By signing this form, the authorized agent or broker certifies the following: (1) The Policy or Policies described below have been issued by the noted Insurer(s) [Insurance Company(ies)1 to the Insured and is (are) in force at this time. (2) As required in the Insured's Agreement(s) with the District, the policies include, or have been endorsed to include, the coverages or conditions of coverage noted on page 2 of this certificate. (3) Signed copies of all endorsements issued to effect require coverages or conditions of coverage are attached to this certificate. Return this form to: San Diego Unified Port District clo Ebix BPO P.O. Box 12010-03 Hemet, CA 92546 — OR- E -mail: sdupd@prod.certificatesnow.com —OR- Fax: 1-866-866-6516 Name and Address of Insured (Contractor or Vendor) SDUPD Agreement Number This certificate applies to all operations of named insureds property in connection with all Agreements between the District and Insured. CO LTR TYPE OF INSURANCE POLICY NO. DATES LIMITS Commercial General Liability Commencement Date: Each Occurrence: 0 Occurrence Form ❑ Claims -made Form $ Retro Date ❑ Liquor Liability Deductible/SIR: $ Expiration Date: General Aggregate: $ Commercial Automobile Liability ❑ All Autos ❑ Owned Autos Commencement Date: Expiration Date: Each Occurrence: $ Workers Compensation —Statutory Employer's Liability Commencement Date: Expiration Date: E.L. Each Accident $ E.L. Disease Each Employee $ E.L.. Disease Policy Limit $ Professional Liability 0 Claims Made Retro-Active Date Commencement Date: Expiration Date: Each Claim $ Excess/Umbrella Liability Commencement Date: Each Occurrence: $ Expiration Date: General Aggregate:$ CO LTR COMPANIES AFFORDING COVERAGE BEST'S RATING A B C D A. M. Best Financial Ratings of Insurance Companies Affording Coverage Must be A- VII or Better unless Approved in Writing by the District. Name and Address of Authorized Agent(s) or Broker(s) E-Mail Address: Phone: Fax Number. Signature of Authorized Agent(s) or Broker(s) Date: 1 Agreement No. 89-2012; Exhibit B Party to Agreement: City of National City Requesting Department: Executive Offices Page 1 of 2 SAN DIEGO UNIFIED PORT DISTRICT REQUIRED INSURANCE ENDORSEMENT ENDORSEMENT NO. EFFECTIVE DATE POLICY NO. NAMED INSURED: GENERAL DESCRIPTION OF AGREEMENT(S) AND/OR ACTIVITY(IES): All written Agreements, contracts and leases with the San Diego Unified Port District and/or any and all activities or work performed on district premises All written Agreements, contracts, and leases with the San Diego Unified Port District and/or any and all activities or work performed on District owned premises. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The San Diego Unified Port District, its officers, agents, and employees are additional insureds in relation to those operations, uses, occupations, acts, and activities described generally above, including activities of the named insured, its officers, agents, employees or invitees, or activities performed on behalf of the named insured. 2. Insurance under the policy(ies) listed on this endorsement is primary and no other insurance or self -insured retention carried by the San Diego Unified Port District will be called upon to contribute to a loss covered by insurance for the named insured. 3. This endorsement shall include a waiver of transfer of rights of recovery against the San Diego Unified Port District ("Waiver of Subrogation"). 4. The policy(ies) listed on this endorsement will apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurers liability. 5. As respects the policy(ies) listed on this endorsement, with the exception of cancellation due to nonpayment of premium, thirty (30) days written notice by certified mail, return receipt requested, will be given to the San Diego Unified Port District prior to the effective date of cancellation. In the event of cancellation due to nonpayment of premium, ten (10) days written notice shall be given. Except as stated above, and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, Agreements or exclusions of the policy(ies) to which this endorsement applies. (NAME OF INSURANCE COMPANY) (SIGNATURE OF INSURANCE COMPANY AUTHORIZED REPRESENTATIVE) MAIL THIS ENDORSEMENT AND NOTICES OF CANCELLATION TO: San Diego Unified Port District c/o Ebix BPO P.O. Box 12010-03 Hemet, CA 92546 San Diego, CA 92168-1639 — OR - Email to: sdupd@prod.certificatesnow.com — OR — Fax: 1-866-866-6516 Agreement No. 89-2012; Exhibit B Party to Agreement: City of National City Requesting Department: Executive Offices Page 2 of 2 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE SAN DIEGO UNIFIED PORT DISTRICT FOR POLICE, FIRE, AND EMERGENCY MEDICAL SERVICES WHEREAS, the San Diego Unified Port District ("District") contracts for police, fire, and emergency medical services on tidelands with each of the local cities containing tidelands within their jurisdiction boundaries; and WHEREAS, pursuant to such agreements with local cities, the District has an obligation to adhere to a principle of reimbursement for services actually performed on tideland trust property, wherein the cost bears a direct relationship to the services provided, the reimbursement is substantiated by an auditable record, and for which the reimbursement is reasonable and falls with the trust purposes of the District; and WHEREAS, on December 15, 2009, the City Council adopted Resolution No. 2009-293, approving an Agreement with the District for National City to provide police, fire and emergency medical services from July 1, 2009 through June 30, 2012, on properties located on National City's tidelands; and WHEREAS, resulting from protracted negotiations, the Agreement, was extended through City Council approved amendments on May 15, October 2, and December 4, 2012, expiring March 31, 2013; and WHEREAS, negotiations have concluded resulting in an Agreement for police, fire and emergency medical services from July 1, 2012 through June 30, 2021. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Agreement Number 89-2012 for National City to provide police, fire and emergency medical services to Port District tidelands and property, beginning July 1, 2012 through June 30, 2012, located within National City boundaries. PASSED and ADOPTED this 19th day of March, 2013. 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 19, 2013 AGENDA ITEM NO. 4 ITEM TITLE: (General Plan Annual Progress Report for 2012 pursuant to California Government Code Section 65400(a)(2), which establishes the requirement that the City prepare an annual report on the status of the General Plan and the implementation of the Housing Element using forms and definitions adopted by the California Department of Housing and Community Development( PREPARED BY: (Raymond Pe, Principal Planner{ DEPARTMENT: P ' ion PHONE: 036-44211 APPROVED BY: EXPLANATION: California Govemment Code Section 65400(a)(2) requires the City to provide an annual progress report on the implementation of the General Plan and Housing Element by April 1 for the previous calendar year. The report is submitted to the Governor's Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). Providing the report to HCD fulfills State Housing Law requirements to report certain information, including the progress in meeting the City's share of the Regional Housing Needs Assessment (RHNA). Furthermore, submitting the report to the state ensures that the City remains eligible for grants and other funding sources that are tied to the filing of the report. The report is also submitted to SANDAG to qualify for certain discretionary funds administered by that agency. The report is submitted in table formats provided by and in accordance with HCD reporting requirements. FINANCIAL STATEMENT: ACCOUNT NO. Not Applicable ENVIRONMENTAL REVIEW: Not Applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: 1 Finance MIS STAFF RECOMMENDATION: Accept and file the report, and direct staff to submit the report to the Governor's Office of Planning and Research (OPR), the Department of Housing and Community Development (HCD), and the San Diego Association of Governments (SANDAG). BOARD / COMMISSION RECOMMENDATION: Not Applicable ATTACHMENTS: 1. Annual Progress Report for 2012. City of National City General Plan Annual Progress Report January 1 — December 31 2012 Presented to City Council March 19, 2013 California Government Code Section 6540D(a)(2) requires the City to submit an annual progress report on the implementation of the General Plan by April 1 for the previous calendar year. The report is submitted to the Governor's Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). Providing the report to HCD fulfills Housing Law requirements to report certain information, including the progress in meeting the City's share of the regional housing needs. Furthermore, submitting the report to the state ensures that the City remains eligible for grants and other funding sources that are tied to the filing of the report. The report is also submitted to SANDAG to qualify for certain discretionary funds administered by that agency. The report is presented as tables provided by and in accordance with HCD requirements. Table A — Annual Building Activity Report Summary Very Low-, Low-, and Mixed -Income Multifamily Projects New Construction (Unit Permits Issued) Table A2 — Annual Building Activity Report Summary Units Rehabilitated, Preserved, and Acquired Pursuant to Government Code Section 65583.1(c)(1) Table A3 — Annual Building Activity Report Summary Above Moderate -Income Units Not included in Table A New Construction (Unit Permits Issued) Table B — Regional Housing Needs Allocation Progress Permitted Units Issued by Affordability Table C — Table D — Housing Element Program Implementation Status Implementation of the General Plan City of National City General Plan Annual Progress Report inn Table A Annual Building Activity Report Summary Very Low-, Low-, and Mixed -Income Multifamily Projects New Construction (Unit Permits Issued) Project. APN, name, or address Unit Category R=Renter O=Owner Affordabi ity by Household Incomes (Units) Total Units Inftll Units Assistance Programs Deed Restrictions Affordable without assistance or restrictions (Attach explanation) Very Low Income Low- income Moderate -Income Above Moderate -Income Total Moderate and Above Moderate from Table A3 0 9 9 9 Total by income Table A/A3 0 0 0 9 9 9 Total Extremely Low -Income (optional) 0 Table A2 Annual Building Activity Report Summary Units Rehabilitated, Preserved, and Acquired Pursuant to Government Code Section 65583.1(c)(1) Activity Type Affordability by Household. Incomes compliance with Government Code Section 65583.1(c )(1) Extremely Low -Income VeryLow-Document Income Low -Income TOTAL UNITS Rehabilitation Preservation of Units At -Risk Acquisition Total Units 0 0 0 0 City of National City Page 1 General Plan Annual Progress Report Table A3 Annual Building Activity Report Summary Above Moderate -Income Units Not included in Table A New Construction (Unit Permits Issued) Household Income Single Family 2 - 4 Units 5+ Units Second Unit Mobile Homes Total Infill Units Moderate -Income 0 0 Above Moderate -Income 9 9 9 Table B Regional Housing Needs Allocation Progress Permitted Units Issued by Affordabi ity Calendar Year 2005 2006 2007 2008 2009 2010 2011 2012 Total to Date Remaining RHNA Income Level RHNA Allocation Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Extremely Low and Very Low Deed Restricted 18 60 60 0 Non -Restricted Low Deed Restriicted 39 20 2 8 30 4 Non -Restricted 5 5 Moderate Deed Restricted - 60 0 Non -Restricted 170 170 Above Moderate 202 156 47 73 227 18 23 3 9 547 0 Total RHNA Allocation 319 Total Permitted 156 127 243 232 20 31 3 9 821 Total Remaining RHNA Need 4 City of Nati y Pa General Plan Annual Pro eport Table C Housing Element Program Implementation Status (January 1 — December 31, 2012) Program Objective Schedule Status 1. Rental Unit Rehabilitation Program Provide assistance to rehabilitate 50 rental units over the five-year period Ongoing No rental units rehabilitated in 2012. 2. Ownership Housing Rehabilitation Non -Repayable Lead Based Paint Grants: inspect 600 homes Paint Programs (all): 200 homes Complete by end of planning cycle One single family unit rehabilitated in 2012. 3. Code Enforcement The City will abate approximately 1,300 cases during this planning cycle Ongoing An average of over 250 housing -related code violations abated annually. 4. Housing Inspection Program Inspect approximately 4,000 units, achieving closure in 90 percent of cases Annually scheduled An average of over 500 housing units inspected annually. 5. Christmas in July Community Volunteer Program Support rehabilitation/repair of 75 houses or 15 houses annually Annually No assistance provided in 2012. No funding since 2010. 6. Apartment Management Pursue 100 percent enforcement requiring on -site management in complexes of nine or more units Ongoing Housing Assistance Projects are inspected through other housing and code enforcement programs. 7. Lead Hazard Control Program 410 units Ongoing No assistance provided in 2012. Program completed in 2008. 8. Tool Loan Program Lend tools as needed, based on demand Ongoing No assistance provided in 2012. Not funded in 2012. 9. Healthy Homes Demonstration Program Inspect 480 homes, repair/rehab 165 homes Ongoing No assistance provided in 2012. Program completed in 2009. 10. MAAC/SDGE Weatherproofing Program Assist 35 households in weatherproofing their homes Ongoing An average of over five households assisted each month. City of National City Page 3 General Plan Annual Progress Repoli Program Objective Schedule Status 11. Preserve Affordable Units at Risk of Converting to Market Rate Conserve the affordability of 614 rental housing units at risk of converting to market rate housing by: Monitoring the status of Granger Apartments, Inter City Manor, and Plaza Manor; Identifying nonprofit organizations as potential purchasers/managers of at -risk housing units; Exploring funding sources available to preserve the affordability of at risk projects, or to construct replacement units; and/or Assisting tenants to apply for priority status on the Section 8 voucher/certificate programs should a conversion takes place Section 8 contracts are subject to annual or short-term .renewals. The Community Development Commission will annually review the status of the Section 8 contracts No at -risk units converted to market rate in 2012. The City continues to monitor affordable units at risk of converting to market rate. 12. Housing Choice Voucher (Section 8) Rental Assistance Program Continue to provide 300 units of Section 8 project -based affordable housing at Morgan -Kimball Towers, maintain the level of tenant -based Section 8 assistance and continue tenant -based assistance to approximately 1,044 households Ongoing Section 8 rental assistance has remained at same levels through 2012. 13. Reasonable Accommodations for Persons with Disabilities Adopt procedure within one year of certification of Housing Element Ongoing General Plan and Land Use Code updates adopted in June 2011. 14. Flexible Development Standards in Selected Neighborhoods Allow flexibility in certain neighborhoods to facilitate the development of quality housing and improve the character of the neighborhoods Complete the study with recommended regulatory incentives by June 2008 and revise the Land Use Code by December 2008 General Plan and Land Use Code updates adopted in June 2011. 15. Relocation of Displaced Tenants Give high priority in assisting tenant households that are displaced from their homes due to code enforcement issues Ongoing No tenants displaced due to code enforcement issues in 2012. 16. Housing Stock Condition Estimate the number of dwelling units in need of repair or replacement to focus housing rehabilitation and replacement efforts toward those areas in highest need Initial survey completed within 12 months; ongoing update Survey conducted in 2010. 17. Clean-up Events 20 events Four events annually Two events completed in 2012. City of Nation Page General Plan Annual Progre ort Program Objective Schedule Status 18. Implement Specific Plans Fulfill RHNA goals for National City by implementing the Downtown and Westside Specific Plans to accommodate the production of affordable housing Ongoing until build out of the specific plan area Downtown Specific Plan adopted in 2005; Westside Specific Plan adopted in 2010. Continuing implementation. 19. Provide Residential Development Informational Material to Developers Maintain, enhance and create informational material regarding residential development to developers on an ongoing and as -needed basis Ongoing in response to development proposals The City maintains current information materials and provides these to developers in response to,development proposals. 20. GIS Database Maintain and keep the GIS database current in order to provide specific development information to market infill housing development to interested developers Ongoing in response to development proposals Database updated in 2012. 21. Community Housing Development Organizations (CHDOs) Identify and provide funding to CHDOs in order to pursue additional affordable housing projects. Provide funding to support CHDOs in building administrative capacity Allocate HOME funds for CHDO activities annually through the Consolidated Planning process No funding provided to CHDOs in 2012. 22. New Construction of Affordable Housing Assist in the production of at least 117 new affordable housing units between 2005 and 2010, including nine extremely low income units, nine very low income units, 39 low income units, and 60 moderate income units. These minimum objectives reflect the City's remaining regional housing allocation for these income groups with the addition of the extremely low income category to meet new State law Allocate HOME funds annually through the Consolidated Planning process. Allocate Set -Aside funds through the five-year Redevelopment Implementation Planning process No assistance provided for construction in 2012. 23. Promote Assistance Programs for Construction of Affordable Housing Annually conduct an outreach program to the development community to ensure awareness of available housing programs Annually through the Housing Element cycle The City was actively engaged with affordable housing developers in 2012. 24. Update Density Bonus and Second Unit Provisions of the Land Use Code Comply with State law on density bonuses Adopt updated density bonus and second unit provisions by June 2008 Density bonus ordinance amended in 2009. Second unit provisions amended in June 2011. City of National City Page 5 General Plan Annual Progress Report Program Objective Schedule Status 25. Communicate Production Priorities to Prospective Developers Specific actions over the next five years may include: National City Facts to be updated every year Prepare reports of building activity when requested by developers Regularly purchase Assessor parcel data that is integrated into City GIS system for vacant properties Presentations to Chamber of Commerce, neighborhood councils, port tenants, business improvement districts, etc. Regularly participate in meetings of local planning, developer, and business organizations Ongoing, in response to development proposals and inquiries National City Facts updated in 2012. Annual housing permit/construction activity reports prepared in 2012. GIS parcel data updated in 2012. GIS inventory of vacant and infill sites in 2012. City participated with community groups, businesses, neighborhood councils, and other organizations in 2012. 26. Implementation of Housing Element Annual Report The City will submit annual Housing Element reports to the Califomia Department of Housing and Community Development to ensure local emphasis in meeting the goals of the Housing Element and propose policy changes to correct non -achievement, if necessary Annually, 2005-2010 Annual progress report submitted in 2012 for calendar year 2011 to HCD, OPR, and SANDAG. 27. Implementation Design Guidelines Improve quality of design in construction through continued implementation of the Design Guidelines Ongoing basis as development is proposed The guidelines are applied to each project reviewed, and developers are encouraged to incorporate quality design in projects. 28. Initiate an Amendment of the Land Use Code for Multi -Family Residential Development Adopt an amendment of the Land Use Code to allow for administrative review of multi -family development applications Within 12 months of adoption of the Housing Element Land Use Code was updated in June 2011. 29. Initiate an Amendment of the Land Use Code to Allow Homeless Shelters, Emergency Shelters, and Transitional Housing Adopt an amendment of the Land Use Code to allow for administrative review of emergency shelters and to treat transitional housing similarly to other residential dwellings Within 12 months of adoption of the Housing Element Land Use Code was updated in June 2011. 30. Compliance with Fair Housing Requirements of Community Development Block Grant (CDBG) and HOME Programs Continue to implement actions to address fair housing issues through the CDBG and HOME -funded activities Develop actions annually to be undertaken to address fair housing impediments identified in the Al as part of the annual Consolidated Action Plan process Analysis of Impediments to Fair Housing Choice prepared in 2010. City of Natior. Page General Plan Annual Progr�ort Program Objective Schedule Status 31. Continue Cooperation and Support of Fair Housing Counseling and Enforcement Organizations Continue to implement open, fair housing practices and sufficient resources are made available to assure informed housing consumers and suppliers Annually evaluate the services provided by the fair housing counseling and enforcement organizations to ensure services are provided, and revise contracts where appropriate The City conducted its annual review and funding process for service providers with public hearings in 2012. 32. Fair Housing Training In new projects with 10 units or more require the training of staff in Fair Housing administration Ongoing on a project -by -project basis when needed Property manager compliance through contract agreements and training through the Fair Housing Council of San Diego. 33. Update Land Use Code Remove definition of "family" from zoning code Within 12 months of adoption of the Housing Element Land Use Code updated in June 2011. 34. State Energy Conservation Standards Achievement Achieve State energy conservation standards for housing Ongoing as part of the Building Permit process 2010 Califomia Energy Codes adopted in 2010. 35. Incentives for Energy Efficient Development Reduce energy use per capita in new and rehabilitated housing Develop incentives and adopt as part of the Land Use Code by June 2008 Land Use Code updated in June 2011. Energy Roadmap adopted in 2012. 36. Solar Access Standards Reduce energy use per capita in new housing Revise the City's Design Guidelines to include solar access standards by June 2008 Land Use Code updated in June 2011. 37. Green Building Program Reduce the effects of global warming Revise the City's Design Guidelines to include Green Building Standards by December 2008 Land Use Code and Climate Action Plan adopted in June 2011. Energy Roadmap adopted in 2012. City of National City Page 7 General Plan Annual Progress Report Table D Implementation of the General Plan Program / Activity Progress / Status General Plan The General Plan was comprehensively updated in 2011 in compliance with OPR guidelines and Government Code Section 65040.2. Land Use (Zoning) Code The Land Use Code was comprehensively updated in 2011 in conjunction with the General Plan Update. Downtown Specific Plan The Downtown Specific Plan was amended in 2011 to be consistent with General Plan. Marina District Vision Plan Joint Port District and City land use planning study was completed, public meetings held, direction given to implement, and RFQ released for developer qualifications/proposals. Westside Infill TOD Project Community meetings were held, project entitlements approved, design development completed, and environmental remediation plan conditionally approved. Transportation, Circulation, and Mobility Ongoing Safe Routes to School project phases completed. Ongoing ADA improvement projects completed. Plaza Boulevard Widening Project engineering and right-of-way acquisition. 8th Street Corridor Smart Growth Revitalization Project design engineering. Facilities, Infrastructure, and Utilities Ongoing street resurfacing and slurry sealing projects. Ongoing sewer and drainage system improvements. Ongoing building and facility renovations. Park Improvements Ongoing park improvements projects at El Toyon Park, Las Palmas Park, and Kimball Park. Regional Planning Collaboration with SANDAG in Series 13 Regional Growth Forecast. Participation in SANDAG regional planning programs and initiatives through technical and policy committees. Participation with regional and local agencies and organizations on relevant planning initiatives, such as sustainability, energy, climate change, sea level rise, electric vehicle infrastructure, transportation, and joint use. — END OF REPORT -- City' of Natior Page General Plan Annual Progre ort CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT "EETING DATE: March 19, 2013 AGENDA ITEM NO.24 ITEM TITLE: Notice of Decision — Planning Commission approval of a Zone Variance for a reduced rear yard setback related to a residential addition at 1624 Lanoitan Avenue. (Applicant: Silvia Sotelo) (Case File 2013-01 Z) PREPARED BY: Martin Reeder, AICP DEPARTMENT: 'Planning.', PHONE: 1336-4313 APPROVED BY: EXPLANATION: The 5,662 square -foot lot is roughly 80 feet square and developed with a 1 061 square -foot two - bedroom house and a 423 square -foot garage. The existing house is built at or close to the front and rear setbacks. Expansion opportunities are limited due to the shallow depth of the lot and a 10-foot embankment on the north side of the lot. The applicant proposes to construct a 419 square -foot addition to the rear of the residence that encroaches approximately 14 feet into the required 25-foot rear yard setback. Planning Commission conducted a public hearing on March 4, 2013. Commissioners asked questions regarding conditions of approval, permit fees, and property layout. The Commission voted to approve the Variance based on required findings and subject to Conditions of Approval. the attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15332 (In -Fill Development) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Zone Variance. Ayes: Alvarado, Baca, Bush, DeLaPaz, Flores, Pruitt, Reynolds ATTACHMENTS: 1. Location Map 2 Planning Commission Staff Report 3. Resolution No. 4-2013 4. Reduced Plans, 0 O ()l O 01 W co V E. 16th St uelpUel S 0) O 01 0) 0) (0 0) V N V O 01 1601 1605 N cn 0 0 1609 1604 1613 1617 1621 1610 1630 rn O co cn r� 0 1607 1604 1609 0 ._ .. 1619 1644 Breeze Ln 0) 01 O 0 3 I 1645 E. 17th- St RS-2 N 0) 1615 1625 1635 1710 0 7> cD N N W 1722 0 MXC-1 1727 N 0) Subject Parcel — — — Zone Boundary 1 1 1 0 70 140 I Feet 280 APN: '558-200-34 Planning Commission Location Map 2013-01 Z 2.20.1; CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No.: Staff Report By: Applicant /Owner: Plans Prepared By: Combined General Plan/ Zoning Designation: Parcel Size: Adjacent Land Use/Zoning: North: East: South: West: Environmental Review: Item no. 6 March 4, 20' PUBLIC HEARING - ZONE VARIANCE FOR A REDUCED REAR YARD SETBACK RELATED TO A RESIDENTIAL ADDITION AT 1624 SOUTH LANOITAN AVENUE. 2013-01 Z West side of Lanoitan Avenue south of 161" Street 558-200-34 Martin Reeder, AICP — Assistant Planner Silvia Sotelo Shift Design RS-2 0.13 acres Residential Use / RS-2 Residential Use across Lanoitan Ave. / RS-2 Residential Use / MXC-1 (Minor Mixed -Use Corridor) Residential Use / RS-2 Categorically Exempt pursuant to 32 Section 15332 (In -Fill Development) BACKGROUND Site Characteristics The 5,662 square -foot lot is located on the west side of South Lanoitan Avenue, south of East 16th Street in the RS-2 (small lot residential) zone. The property is roughly 80 feet square and developed with a 1,061 square -foot two -bedroom house and a 423 square -foot garage. The existing house is built at or close to the front and rear setbacks — 20 and 25 feet respectively — and has a six-foot side setback on the south side of the lot. The north side yard setback is 14 feet due to a slope and retaining wall in this location. The lot to the north is approximately 10 feet higher than the subject property. An embankment slopes down from 10 feet to 6 feet above the pad level of the subject home over a distance of approximately 13 feet, terminating in a six- foot high retaining wall. The existing home is about a foot from the wall. There is an existing 20-foot wide utility right-of-way easement along the western property line. According to the Sweetwater Authority, who the easement is granted to, there is no water main or infrastructure in this location. Proposed Use The applicant proposes to construct a 419 square -foot addition to a single-family residence that encroaches approximately 14 feet into the required 25-foot rear yard setback. The applicant is requesting a variance from the required rear yard setback requirement. The addition would provide a third bedroom and another bathroom. The proposed location of the addition would include the area occupied by the Sweetwater Authority easement. Analysis The Land Use Code (LUC) requires that a 25-foot setback be maintained from rear property lines adjoining a property developed with residential use. Standard Tots in the RS-2 zone are usually around 50 feet wide by 100 feet deep, which does not pose a problem with maintaining a 25-foot setback. However, as the subject property is as deep as it is wide, and that distance is only 80 feet, the home cannot be expanded to the rear without encroaching into the setback. Furthermore, the embankment and retaining wall on the north side further restrict development potential. Three specific findings must be made in order to approve a Zone Variance request. The first is that the lot is affected by special circumstances, including size, shape, or topography, that deprive the lot of the ability to develop per the LUC as others in the area have. In this case the property is shallow in depth, which restricts the normal buildable area afforded standard -shaped lots. In addition, the north side of the lot is restricted by the retaining wall and embankment sloping down from the neighboring property. The second finding is that granting of the Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. In this case there are multiple properties in the same neighborhood in the same zone which have less than the required rear yard setback. The development to the west on Moming Breeze Lane is a good example; the majority of the homes in this subdivision have a Tess than required rear yard setback. The third finding is that the Variance does not authorize a use that is not otherwise allowed in the zone. In this case a single-family home is an allowed use in any residential zone. The resultant size of the home would be 1,480 square feet if the Variance were approved. This would be within the allowances of the LUC for a home in the RS-2 zone and would continue to meet floor area ratio and maximum size requirements. Conditions of Approval Comments were received from the Building and Engineering Departments related to code requirements and drainage. Sweetwater Authority also commented and is requiring a quitclaim of the easement at the rear of the property should the property ever be redeveloped. There is also a condition related to Planning that requires compliance with the City's design guidelines. Summary Because of special circumstances applicable to the property, including the topography of the area and its shallow depth, there is no room to construct an addition without encroaching into the required rear yard setback. Although the lot is wider than most, the existing home is only moderate in size and the applicant wishes to expand their residence to provide addition space for their family. Granting of the Variance would not be a privilege inconsistent with other properties in the area as there are multiple homes in excess of 1,061 square feet in size. The proposal is consistent with all require findings of approval and would be consistent with all other regulations. RECOMMENDATION Approve 2013-01 Z subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions 3. Location Map 4. Notice of Exemption 5. Public Hearing Notice (Sent to 30 property owners) 6. Site Photos 7. Applicant's Plans (Exhibit A, case file no. 2013-01 CUP, dated 1/7/2013) MARTIN REEDER, AICP Assistant Planner BRAD RAULSTON Executive Director RECOMMENDED FINDINGS FOR APPROVAL 2013-01 Z, 1624 Lanoitan Avenue 1. Because of special circumstances applicable to the property, including size, shape, or topography, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zone classification, since the property is shallow in depth, which restricts the normal buildable area afforded standard -shaped lots, and since the north side of the lot is restricted by a retaining wall due to an embankment sloping down into the property. 2. The requested Variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since there are multiple properties in the same neighborhood in the same zone which have Tess than the required rear yard setback. 3. The Variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since a single-family residence is an allowed use in the underlying residential zone (RS-2). RECOMMENDED CONDITIONS OF APPROVAL 2013-01 Z, 1624 Lanoitan Avenue General 1. This Zone Variance authorizes a single-family residential addition with a less than required rear yard setback at 1624 Lanoitan Avenue. Plans submitted for approvals shall show the location of the addition in substantial conformance with Exhibit A, case file no. 2013-01 CUP, dated 1/7/2013. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the Califomia Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. Before this Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Zone Variance. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Building 5. Any plans submitted for improvements must comply with the current editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and Califomia Title 24 energy and handicapped regulations. Engineering 6. A drainage plan shall be submitted showing all of the proposed and existing conditions. 7. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination. System (NPDES) is required to be completed and submitted to the Engineering Division. 8. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 9. An existing 20-foot wide right-of-way easement reserved by Sweetwater Authority is located along the westerly 20 feet of the property. The easement shall be shown on plans and permission must be granted by Sweetwater Authority for construction within the easement. 10. A title report shall be submitted to the Engineering Division, after Planning Commission approval for review of all existing easements and ownership of the property. Fire 11. Any plans submitted for improvements must comply with the current editions of the California Building Code, the California Mechanical Code, the Califomia Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Planning 12. Plans submitted for building permits must meet appropriate design guidelines as specked by the Land Use Code, including a matching pitch roof and matching construction materials. Sweetwater Authority 13. In the event that the property is ever redeveloped, the existing 20-foot Sweetwater Authority right-of-way easement shall be quitclaimed through the standard [Sweetwater] Authority process. nn NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2013-01 Z Project Location: 1624 S. Lanoitan Avenue, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Protect: Zone Variance application for a Tess than required rear yard setback related to an addition to an existing single-family residence. Applicant: Silvia Sotelo 1624 S. Lanoitan Avenue National City, CA 91950 Telephone Number: (619) 838-1716 Exempt Status: ® Categorical Exemption. Class 1 Section 15332 (In -Fill Development) Reasons why project is exempt: It can be seen with certainty that the project will not have a significant effect on the environment, since the project involves a small addition to an existing residence within a fully urbanized residential area. Other homes in the area have the same setbacks. No habitat exists in the setback area in which the addition is proposed. Date: MARTIN REEDER, AICP Assistant Planner CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING ZONE VARIANCE FOR A REDUCED REAR YARD SETBACK RELATED TO A RESIDENTIAL ADDITION AT 1624 LANOITAN AVENUE. CASE FILE NO.: 2013-01 Z APN: 558-200-34 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, March 4th, 2013, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Silvia Sotelo) The applicant proposes to construct an addition to a single-family residence that encroaches approximately 14 feet into the required 25-foot rear yard setback. Information is available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., March 4th, 2013, who can be contacted at 619-336-4310 or planningt7a.nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION BRAD RAULSTON Executive Director 2013-01 Z —1624 S. Lanoitan Ave. — Site Photos Front of existing house looking west Existing retaining wall to north of property looking northwest RESOLUTION 4-2013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A ZONE VARIANCE FOR A REDUCED REAR YARD SETBACK RELATED TO A RESIDENTIAL ADDITION AT 1624 SOUTH LANOITAN AVENUE. APPLICANT: SILVIA SOTELO CASE FILE NO. 2013-01 Z WHEREAS, the Planning Commission of the City of National City considered a Zone Variance for a reduced rear yard setback related to a residential addition at 1624 South Lanoitan Avenue at a duly advertised public hearing held on March 4, 2013, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2013-01 Z, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on March 4, 2013, support the following findings: 1. Because of special circumstances applicable to the property, including size, shape, or topography, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zone classification, since the property is shallow in depth, which restricts the normal buildable area afforded standard -shaped lots, and since the north side of the lot is restricted by a retaining wall due to an embankment sloping down into the property. 2. The requested Variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity .and zone in which such property is situated, since there are multiple properties in the same neighborhood in the same zone which have Tess than the required rear yard setback. 3. The Variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations goveming the parcel of property, since a single- family residence is an allowed use in the underlying residential zone (RS-2). BE IT FURTHER RESOLVED that the application for Zone Variance is approved subject to the following conditions: General 1. This Zone Variance authorizes a single-family residential addition with a less than required rear yard setback at 1624 Lanoitan Avenue. Plans submitted for approvals shall show the location of the addition in substantial conformance with Exhibit A, case file no. 2013-01 CUP, dated 1/7/2013. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. Before this Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Zone Variance. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Building 5. Any plans submitted for improvements must comply with the current editions of the Califomia Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Enaineerinq 6. A drainage plan shall be submitted showing all of the proposed and existing conditions. 7. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Division. 8. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 9. An existing 20-foot wide right-of-way easement reserved by Sweetwater Authority is located along the westerly 20 feet of the property. The easement shall be shown on plans and permission must be granted by Sweetwater Authority for construction within the easement. 10. A title report shall be submitted to the Engineering Division, after Planning Commission approval for review of all existing easements and ownership of the property. P13 Fire 11. Any plans submitted for improvements must comply with the current editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Planning 12. Plans submitted for building permits must meet appropriate design guidelines as specified by the Land Use Code, including a matching pitch roof and matching construction materials. Sweetwater Authority 13. In the event that the property is ever redeveloped, the existing 20-foot Sweetwater Authority right-of-way easement shall be quitclaimed through the standard [Sweetwater] Authority process. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 4, 2013, by the following vote: AYES: Baca, Bush, DeLaPaz, Flores, Pruitt, Reynolds, Alvarado NAYS: None ABSENT:None ABSTAIN: None CHAIRPERSON P14 VICINRV MAP PROPERTY AR PROP IiE PLOT PLAN ® SCALE SW • 1,0" .�vpNRET�11�r� ro 1O PIIDPFRlY F11rE PI/0PM, UNE OWNER 1MF>01MO 11. 1 W CA 1R60 I M.01.10.00 18,• ewlT1. rAR PREPARATION g4gr.w. DESIGN BY raF Yoon... N F.0115..44410 MOPE OF MARK .MTMFl1EW 11FYRNI21AMIURYM motel 4MS CAY W1,t . CN1T11MA MI11Om A11TNm LOTS MOcAurce F IMOD111.41. ONE OWED ON =OKIRhVf', AfNIMSTRU' 14 N 11EL 15 NmOM U1DfY aMO[16ME IW11N® LV NOTES .m CT PI WOW Rsml wTom,o 3,60 .▪ 13/0E.KM It HOT 1.1.1 FPED . ▪ WTRUE1lR1TnEw SQUARE FOOTAGE POMORK. 4.—T CAMP. PI BRUM DATE 1111.12 BRAYER BY: PK REV. DATE SITE SHEET Al RIIEET I O 2 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 19, 2013 ITEM TITLE: AGENDA ITEM NO. 5 Notice of Decision — Planning Commission approval of a Conditional Use Permit for the sale & trade of jewelry, gold, and other precious metals at Jared and Kay Jewelers at Westfield Plaza Bonita located at 3030 Plaza Bonita Road. (Applicant: Sterling Jewelers) (Case File 2013-03 CUP) PREPARED BY: Martin Reeder, AICP DEPARTMENT: Pia PHONE: 336-4313 APPROVED BY: EXPLANATION: This request includes two separate businesses, both owned by the same company (Sterling Jewelers). The two locations are Kay Jewelers (inside the mall next to JCPenney) and Jared Galleria of Jewelry (at the perimeter of the mall next to Outback Steakhouse). These locations have been in business since 1998 and 2007 respectively. The applicant is proposing to buy, trade, and/or sell secondhand gold, jewelry, and other precious metals otherwise sold as new in the stores. No physical changes are proposed. The businesses would be subject to all state requirements as well as the City's Municipal Code, recently amended to address sale/trade of such items. Planning Commission conducted a public hearing on March 4, 2013. Commissioners asked questions regarding Conditions of Approval, business operations, and advertising. The Commission voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval. •The attached Planning Commission staff report describes the proposal in detail.' FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: 1 ENVIRONMENTAL REVIEW: Not a project under CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: !Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Bush, DeLaPaz, Flores, Pruitt, Reynolds ATTACHMENTS: Location Map 2. Planning Commission Staff Report 3. Resolution No. 6-2013 4. Reduced Plans ohs U Z 0 Jared 2980 c>; 0 CO CO tC Project Locations Zone Boundary City Boundary APN: 564-471-02, 07 3040 • 3000 • r3010 3030 3050 • • • COU TY IF' Al a I L� 'Feet 0 125 250 500 Planning Commission Location Map 2013-03 CUP 2.20.1 1 1 N CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No: Staff report by: Applicant: Property owner: Combined General Plan/ Zoning designation: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 10 March 4, 2013 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR THE SALE & TRADE OF JEWELRY, GOLD, AND OTHER PRECIOUS METALS AT JARED AND KAY JEWELERS AT WESTFIELD PLAZA BONITA LOCATED AT 3030 PLAZA BONITA ROAD. 2013-03 CUP 2960 Plaza Bonita Rd. & 3030 Plaza Bonita Rd. # 1226 564-471-02 & 07 Martin Reeder, AICP — Assistant Planner Sterling Jewelers, Inc. Westfield Major Mixed -Use District (MXD-2) Residential across Sweetwater Rd. / RS-2 Residential / County of San Diego Open Space & 1-805 / OS Open Space across Plaza Bonita Rd. / OS Not a project under CEQA (existing facilities, no expansion) P7 BACKGROUND Site Characteristics Westfield Plaza Bonita is located in the southeast corner of National City in the Commercial Shopping Center (CSC-PD) Zone. This Conditional Use Permit includes two separate businesses, both owned by the same company (Sterling Jewelers). The two locations are Kay Jewelers and Jared Galleria of Jewelry. Kay is inside the main mall building on the ground floor next to the entrance to JCPenney. Jared is a pad building located at the perimeter of the mall adjacent to Plaza Bonita Road and next to Outback Steakhouse. These locations have been in business since 1998 and 2007 respectively. Proposed Use The applicant is proposing to buy, trade, and/or sell secondhand gold, jewelry, and other precious metals otherwise sold as new in the stores. No physical changes are proposed. The businesses would be subject to all state requirements as well as the City's Municipal Code, recently amended to address sale/trade of such items. Analysis The purchase, trade, and/or sale of secondhand gold, jewelry, and other precious metals are regulated by section 18.30.320 of the Land Use Code. This section also regulates pawn shops and businesses engaged in secondhand dealing. This code section was amended in 2012, prior to which a moratorium had been enacted regarding such uses. The moratorium was in response to concerns over stolen goods being sold without adequate monitoring. The Code Amendment added language to ensure adequate business practices related to licensing, reporting, and disposition of second hand items. Generally, the subject use requires a Conditional Use Permit and is only permitted as accessory to a legitimate retail business that sells as new the item(s) in question as its primary business function. In addition, the total gross receipts of jewelry and precious metals purchased or taken for credit may not exceed fifty percent of total retail sales of these items. All pawnbrokers and secondhand dealers are required, at minimum, to obtain a secondhand dealer license and to abide by state -mandated reporting requirements for secondhand tangible personal property as required in the Business and Professions Code. Secondhand tangible personal property is defined as including, but not limited to, all items that bear a serial number or personalized initials or inscription or which, at the time it is acquired by the secondhand dealer, as defined by the California Business and Professions Code. In addition, secondhand tangible personal property also includes precious metals such as gold, silver, platinum, and jewelry. 111 A secondhand dealer means and includes any person, co -partnership, firm, or corporation whose business includes buying, selling, trading, taking in pawn, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property. Both secondhand dealers and secondhand property are defined in the Glossary of the Land Use Code. All of the above requirements are included as Conditions of Approval. The Land Use Code also has requirements related to where such a business may be located. Generally, no businesses engaged in secondhand dealing may be located east of Interstate 805 or within two thousand feet of another such business. However, these requirements do not apply to shopping centers of fifty thousand square feet or more, which includes Westfield Plaza Bonita. The Code also states that secondhand dealers shall be no closer than two hundred fifty feet from residential zones. Both businesses comply with this requirement. Department Comments: As there is no physical change happening on site, the Building and Fire Departments had no comment. The Police Department commented that they had no objection to the proposal provided that the businesses were regulated appropriately (based on the recent Code Amendment related to secondhand dealing, et al). As mentioned above, all such conditions are included with this report. Summary The proposed accessory use involving the purchase, trade, and/or sale of secondhand gold, jewelry, and other precious metals is consistent with the Land Use Code with the approval of a Conditional Use Permit and subject to the attached findings and Conditions of Approval. The subject businesses are within a regional mall of greater than fifty thousand square feet and are established retail businesses that sell the type of items in question as new. Conditions of Approval are consistent with a recent Code Amendment related to such transactions and will help to alleviate concerns over stolen items. Both Jared Galieria of Jewelry and Kay Jewelers are reputable businesses that have been in business for approximately 7 and 15 years respectively. PA RECOMMENDATION Staff recommends approval of 2013-03 CUP based on attached findings and subject to the attached Conditions of Approval. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions of Approval 3. Location Map 4. Public Hearing Notice (Sent to 117 property owners) 5. Site photos 6. Applicant's Plans (Exhibit A, Case File No. 2013-03 CUP, dated 1/24/2013) MARTIN REEDER, AICP BRAD RAULSTON Assistant Planner Executive Director DC RECOMMENDED FINDINGS FOR APPROVAL 2013-03 CUP, 2960 and 3030 Plaza Bonita Road 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be contained within a commercial building which was constructed and designed for a commercial use, with adequate parking provided. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed use is consistent with a retail use already considered during the design and construction of the commercial building. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within a commercial structure, there is no expansion proposed, and the use is typical of a commercial use considered in the General Plan and Land Use Code. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will provide a service that is in demand among consumers. P6 RECOMMENDED CONDITIONS OF APPROVAL 2013-03 CUP, 2960 and 3030 Plaza Bonita Road General 1. This Conditional Use Permit authorizes the accessory buying, trade, and/or sale of secondhand gold, jewelry, and other precious metals otherwise sold as new at Jared Jewelers located at 2960 Plaza Bonita Road and Kay Jewelers located at 3030 Plaza Bonita Road, suite 1226. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2013-03 CUP, dated 1/24/2013. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the National City Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. The permit may also be revoked, pursuant to provisions of the Land .Use Code, if discontinued for any lesser period of time. Building 5. Any plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes Fire 6. Any plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NEPA. Planning 7. The buying, trade, and/or sale of secondhand gold, jewelry, and other precious metals shall only be permitted as accessory to a legitimate retail business that sells as new the item(s) in question as its primary business function. 8. Total gross receipts of precious metals purchased or taken for credit shall not exceed fifty percent of total retail sales of precious metals. nn 9. All pawnbrokers and secondhand dealers shall require, at minimum, a secondhand dealer license and shall abide by state -mandated reporting requirements for secondhand tangible personal property as required in the Business and Professions Code. 10. No melting down of any precious metals may occur on site. 11.This Conditional Use Permit shall be referred to the Planning Commission for consideration of revocation upon recommendation by the Police Chief if the operator is found to be in violation of any state, or local law regulating Secondhand Dealers in accordance with Section 18.12.110. Police 12.Within 24 hours of all jewelry, gold or other precious metal buying transactions, a copy of a CA JUS 123 form and the customer's ID shall be submitted to the Police Department for review. 13. Jewelry, gold or other precious metals purchased shall be held for a period of 30 days prior to recycling to allow adequate time for the Police Department to review the items in conjunction with a potential theft, burglary, or other criminal activity. 14. The applicant shall provide documentation that the business has been registered as a Secondhand Dealer and at all times, shall be operated in compliance with California Business and Professions Code Sections 21625-21647, or any other sections pertaining to Secondhand Dealers. 15. Pursuant to Financial Code Section 21208 and Business and Professions Code Section 21628, the business shall report daily, or the first working day after receipt or purchase, to the Police Chief providing a listing of defined sales and/or goods. PR CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR THE SALE & TRADE OF J EWELRY, GOLD, AND OTHER PRECIOUS METALS AT JARED AND KAY JEWELERS AT WESTFIELD PLAZA BONITA LOCATED AT 3030 PLAZA BONITA ROAD. CASE FILE NO.: 2013-03 CUP APN: 564-471-02 & 07 The National City Planning Commission will hold a public .hearing after the hour of 6:00 p.m. Monday, March 4th, 2013, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Sterling Jewelers, Inc.) The applicant proposes to buy and sell used jewelry from two locations at Westfield Plaza Bonita. The businesses would buy, trade, and/or sell secondhand jewelry, gold, and other precious metals otherwise sold as new in the store. Information is available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., March 4th, 2013, who can be contacted at 619-336-4310 or planning@nationalcityca.00v If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION_ BRAD RAULSTON Executive Director DO 2013-03 CUP — Westfield Plaza Bonita — Sterling Jewelers — Site Photos JF1A1 Leis Kay Jewelers inside Westfield Plaza Bonita Jared Galleria of Jewelry located at mall perimeter P1A RESOLUTION NO. 6-2013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE & TRADE OF JEWELRY, GOLD, AND OTHER PRECIOUS METALS AT JARED AND KAY JEWELERS AT WESTFIELD PLAZA BONITA LOCATED AT 3030 PLAZA BONITA ROAD. CASE FILE NO. 2013-03 CUP APN: 564-471-02 & 07 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the sale & trade of jewelry, gold, and other precious metals at Jared and Kay jewelers at Westfield Plaza Bonita located at 3030 Plaza Bonita Road at a duly advertised public hearing held on March 4, 2013, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2013-03 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on March 4, 2013, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be contained within a commercial building which was constructed and designed for a commercial use, with adequate parking provided. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed use is consistent with a retail use already considered during the design and construction of the commercial building. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within a commercial structure, there is no expansion proposed, and the use is typical of a commercial use considered in the General Plan and Land Use Code. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will provide a service that is in demand among consumers. P11 BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the accessory buying, trade, and/or sale of secondhand gold, jewelry, and other precious metals otherwise sold as new at Jared Jewelers located at 2960 Plaza Bonita Road and Kay Jewelers located at 3030 Plaza Bonita Road, suite 1226. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2013-03 CUP, dated 1/24/2013. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the National City Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. The permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. Building 5. Any plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes Fire 6. Any plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. Planning 7. The buying, trade, and/or sale of secondhand gold, jewelry, and other precious metals shall only be permitted as accessory to a legitimate retail business that sells as new the item(s) in question as its primary business function. 8. Total gross receipts of precious metals purchased or taken for credit shall not exceed fifty percent of total retail sales of precious metals. 9. All pawnbrokers and secondhand dealers shall require, at minimum, a secondhand dealer license and shall abide by state -mandated reporting requirements for P12 secondhand tangible personal property as required in the Business and Professions Code. 10. No melting down of any precious metals may occur on site. 11.This Conditional Use Permit shall be referred to the Planning Commission for consideration of revocation upon recommendation by the Police Chief if the operator is found to be in violation of any state, or local law regulating Secondhand Dealers in accordance with Section 18.12.110. Police 12.Within 24 hours of all jewelry, gold or other precious metal buying transactions, a copy of a CA JUS 123 form and the customer's ID shall be submitted to the Police Department for review. 13. Jewelry, gold or other precious metals purchased shall be held for a period of 30 days prior to recycling to allow adequate time for the Police Department to review the items in conjunction with a potential theft, burglary, or other criminal activity. 14.The applicant shall provide documentation that the business has been registered as a Secondhand Dealer and at all times, shall be operated in compliance with California Business and Professions Code Sections 21625-21647, or any other sections pertaining to Secondhand Dealers. 15. Pursuant to Financial Code Section 21208 and Business and Professions Code Section 21628, the business shall report daily, or the first working day after receipt or purchase, to the Police Chief providing a listing of defined sales and/or goods. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 4, 2013, by the following vote: AYES: Baca, Bush, Flores, DeLaPaz, Pruitt, Reynolds, Alvarado NAYS: None ABSENT: None ABSTAIN: None CHAIRPERSON P13 0 0 EXHIBIT A CASE FILE NO. 2013-03 CUP DATE: 1/24/2013 PZ4'. 0100 Q I a raat.waya..*. adisil amass d Y.p Jal°.did ma) it ins al 1wart b Aso *Mas se w wadrar awardL rat, idoar dna.. f ea raw) As fa a ea Tart •m aimaa aims dada rid as b w maim r . Mass aildJat asr wer mamaa—(m. ha11 gnat rmt Ira aj4 w alai Sal Ali• alto. shahs siehil 4 -I -IY-a - - - m- t OKI PLAZA BONITA EXHIBIT tavo 1 OY/18/i1 I 1228 KAY ,EIS Laj 1422 S.F. I A2 A n1F CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 19, 2013 AGENDA ITEM NO. 26 ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for the expansion of the existing area approved for beer and wine at Golden Chopsticks Restaurant located at 1430 East Plaza Blvd. (Applicant: Wei Bin Chen) (Case File 2013-02 CUP) PREPARED BY: Martin Reeder, AICP DEPARTMENT: PHONE: 336-4313 ' APPROVED BY: EXPLANATION: 'Golden Chopsticks Restaurant is approximately 2,633 square feet in size and is located within South Bay Plaza. The restaurant was established in 1992 and was approved for on -sale beer and wine in 1996 (CUP-1996-3). The applicant is proposing to expand the restaurant into an adjacent suite, adding 900 square feet of floor area. The applicant wishes to modify the existing CUP to allow beer and wine sales in the new addition. The existing and proposed operating hours are 11:00 a.m. to 10:00 p.m. daily. No additional licenses are being added, this would solely be a modification to the existing ABC license. Planning Commission conducted a public hearing on March 4, 2013. Commissioners asked questions regarding State Alcoholic Beverage Control (ABC) regulations. The Commission voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval. he attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: the Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Bush, DeLaPaz, Flores, Pruitt, Reynolds ATTACHMENTS: 1. Location Map 3. Resolution No. 5-2013 2. Planning Commission Staff Report 4. Reduced Plans - - - Zone Boundary APN: 557-322-14 1539 1 I N r- <\ rn i u I Feet 0 75 150 300 Planning Commission Location Map 2013-02 CUP 2.20.13 NA, 18g7. Arco , olusr CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL Div, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No.: Staff report by: Applicant: Property owner: Combined General Plan/ Zoning designation: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 8 March 4, 2013 CONDITIONAL USE PERMIT FOR THE EXPANSION OF THE EXISTING AREA APPROVED FOR BEER AND WINE AT GOLDEN CHOPSTICKS RESTAURANT LOCATED AT 1430 EAST PLAZA BLVD. 2013-02 CUP South side of Plaza Blvd and N Ave in Bay Plaza 557-322-14 Martin Reeder Wei Bin Chen ROIC INC. MXD-2 (Major Mixed -Use District) Commercial across Plaza Blvd (Plaza Square) / MXD-2 Residential/ RS-2 Commercial/ MXD-2 Commercial across N Ave / MXD-2 Categorically Exempt pursuant to Class 1, Section 15301 (Existing Facilities) nfl BACKGROUND Site Characteristics The project location is Golden Chopsticks Restaurant at 1430 E. Plaza Blvd., in the Major Mixed -Use District (MXD-2) zone. The existing restaurant is approximately 2,633 square feet in size and is located within the Bay Plaza shopping center. The area is mostly adjacent to other commercial uses including Plaza Village Center to the north across Plaza, and South Bay Plaza Shopping Center to the east across N Avenue. Single-family residential uses are located to the east in the Single -Family Residential (RS-2) zone, atop a large embankment. History The Golden Chopsticks Restaurant was established in 1992. The restaurant has an existing alcohol license for on -sale beer and wine approved with a Conditional Use Permit in 1996 (CUP-1996-3). Proposed Use The applicant is proposing to expand the restaurant into an adjacent suite, adding 900 square feet of floor area. The applicant wishes to modify the existing CUP to allow beer and wine sales in the new addition. No change to the existing sales hours is proposed. The restaurant is open from 11:00 a.m. to 10:00 p.m. daily. Analysis Section 18.30.050 of the National City Land Use Code allows for on -site alcohol sales with an approved Conditional Use Permit (CUP). The expansion of the restaurant triggers the need for a CUP for alcohol sales in the additional area. Community Meeting Pursuant to Section 18.30.050 (C), a community meeting was held Monday, January 28, 2013 at 7:00 pm at the subject restaurant. A sign -in sheet, minutes, and meeting advertisement are attached. According to the sign -in sheet, two residents were in attendance at the meeting. The applicants made a presentation showing the new floor plan. No objections were noted by the attendees of the community meeting. Alcohol Sales Concentration/Location Per California State Alcoholic Beverage Control (ABC), there are currently eleven (11) other on -sale permits issued in this census tract (117) besides Golden Chopsticks Restaurant. These permits are: Name Address License Type* Trophy Lounge 999 National City Blvd. 48 Royal Mandarin 1132 E. Plaza Blvd. 41 Thomas H. Crosby VFW 1401 Highland Ave. 52 Chuck E Cheese 1143 Highland Ave 41 Karina's 1705 Highland Ave. 41 Panda Palace 1105 E. Plaza Blvd. 41 Ginza Sushi 925 E. Plaza Blvd. 41 Lai Thai 1430 E. Plaza Blvd. 41 American Legion Post 255 35 E. 18th St. 52 Wingstop 932 Highland Ave 41 Cafe La Maze 1441 Highland Ave. 47 * Type 41 - On -Sale Beer and Wine for Bona Fide Public Eating Place Type 47 - On -Sale General for Bona Fide Public Eating Place Type 48 - On -Sale General for Public Premises Type 52 - Veterans' Club Of the eleven other licenses, eight are restaurants. Two of the remaining licenses are private licenses (VFW and American Foreign Legion), and the last a bar. Census tract 117 includes the area of the City between East 8th and 18th Street, and between National City Blvd. and Palm Avenue. The attached census tract map shows the location of the subject tract. ABC recommends a total of eight on -sale alcohol permits be issued in this census tract, where twelve exist. Chapter 18.030.050 (D) requires a 660-foot distance from sensitive uses such as schools. However, restaurants with greater than 30% of their area devoted to seating (as applies in this case) are exempt from these distance requirements. There are no schools or churches within 660 ft. The nearest school is National School District, a private high school located approximately 900 ft away. Police Department comments Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 21) had a 2011 crime rate of 103%, below the 120% considered to be a high crime area. Consistent with recent policy, PD provided a Risk Assessment report on the property. The assessment assigns points based on the type of business, license concentration, and calls for service (among others) and ranks the business according to potential risk (low, medium, or high). In this case, Golden Chopsticks received 12 points, which would indicate a low risk. The Risk Assessment is attached. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as condftlans specific to on -sale alcohol sales per Council policy (alcohol incidental to food, hours of operation, RBSS training, etc.). Fire Department comments have also been included as conditions. In addition, all previous conditions of approval stated in Planning Commission Resolution 16-96 would still be in effect. PA Summary Golden Chopsticks Restaurant has been in business at this location since 1992, and serving beer and wine as an accessory service since 1996. No concerns have been noted regarding business operations or associated crime in that timeframe. Although the census tract in which the restaurant is located is over -concentrated with regard to on -sale alcohol licenses, no additional licenses are being added, solely a modification to the existing ABC license. RECOMMENDATION Approve 2013-02 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval/Denial 2. Recommended Conditions 3. Location Map 4. Census Tract Map and Police Beat Map 5. Community Meeting Information (Advertisement, notice and sign -in sheet) 6. Fire and Police Department comments 7. Public Hearing Notice (Sent to 305 property owners and occupants) 8. Notice of Exemption 9. Site Photos 10. Planning Commission Resolution 16-96 11. Applicant's Plans (Exhibit A, case file no. 2013-02 CUP, dated 1/17/2013) MARTIN REEDER, AICP Assistant Planner BRAD RAULSTON Executive Director nc RECOMMENDED FINDINGS FOR APPROVAL 2013-02 CUP, 1430 E. Plaza Blvd. 1. That the site for the proposed use is adequate in size and shape, since the proposed use is an existing accessory use to the restaurant use in an existing commercial area, and the 900 square -foot expansion of alcohol sales into an existing commercial suite is not expected to increase the demand for parking on the property. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since Plaza Blvd. is classified as an arterial street in the Circulation Element, and the expansion into an existing commercial suite is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use is compatible with other nearby businesses; and since the proposed use is and will continue to be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the continued viability of a restaurant, an established and allowed use in the applicable mixed -use zone. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDING FOR DENIAL 2013-02 CUP, 1430 E. Plaza Blvd. 1. That public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. P(. RECOMMENDED CONDITIONS OF APPROVAL 2013-02 CUP, 1430 E. Plaza Blvd. General 1. This Conditional Use Permit authorizes the 900 square -foot expansion of an existing restaurant, with beer and wine sales, located at 1430 East Plaza Boulevard. Unless specifically modified by this resolution or subsequent Codes, all previous Conditions of Approval as stated in Planning Commission Resolution 16-96 are still in effect. Plans submitted for permits associated with this project shall conform with Exhibit A, case file no. 2013-02 CUP, dated 1/17/2013. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Fire 7. The project shall be built to code. The National City Fire Department utilizes the 2010 edition of the California Fire Code and the 2010 edition of the National Fire Protection Association Codes and Standards. 8. Occupancy for the additional area in which the expansion will be taking place shall be an A-2 occupancy, as determined by the California Fire Code, 2010 edition, Chapter 9, Section 903.2.1.2. 9. An automatic sprinkler system shall be provided for group A-2 occupancies where either the fire area has an occupant load of 100 or more, and/or the structure D9 exceeds 5,000 square feet, contains more than one fire area containing a group A-2 occupancy, and is separated into two or more buildings by fire walls of Tess than four hour fire resistance rating without openings. 10.An approved and monitored fire alarm system shall be installed upon installation of sprinkler system. Planning 11. The sale of alcoholic beverages shall be limited to between the hours of 11:00 a.m. and 10:00 p.m. seven days a week. 12.AII sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 13. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 14.Alcohol shall be available only in conjunction with the purchase of food. 15. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Police 16. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. PR 106.02 City of National City CENSUS TRACTS 0.5 1 Miles September 2003 Celaer-i�eypolds-.sl_-�" B'd9t$Tl-ftYd� Magnus', =togas _' tl, Lpiyn}[ht®and(P)19 8r2oo0 M¢ra`otl Corprtlrogandlor supp�IlerStAll rlgMSRe a �rtmns®.1g80-20R5= tallgOlglicSeMyare Corporation. MI d ;C'eserveo. C��Naln mapping and 510[11pp-data 020Q. Up All rights riseivetl hl¢IVTE�'andiJAVi'EO B2N D� ale tradQrrti�ai b NAVrEQ.y®2005 Tele Atlas North America, Inc All nghtsreserved. Tele ias and Tele-Alias NostIIAnailca are trsdemarIs ofTele Atlaslnc. -1--; 'tt 1L___ �� Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 21 Dll1 Date: January 18, 2013 Dear Neighbor: We are the owners of the "Golden Chopsticks Restaurant" @ 1430 E. Plaza Blvd. Suite 23 in National City. We have recently added 900 square feet to our restaurant and have applied for a Conditional Use Permit to be allowed to serve beer and wine to our customers while they dine with us. We are currently allowed to provide this service at our existing restaurant, and it is only fair that the patrons seated in the new addition should enjoy the same privilege. The City of National City requires that, prior to the formal Public Hearing, a community meeting be held to discuss the community's concerns or questions regarding this request. This is to inform you that we will hold the required community meeting on Monday January 28, 2013 @ 7:00 p.m. @ the restaurant @ 1430 E. Plaza Blvd. Suite 23. Please feel free to attend and take part in the discussion of our proposed expansion. You may contact us @ (619) 517-7341 for further details. Yours truly, Mr. & Mrs. Chen Community Meeting for Golden Chopsticks Restaurant, 1430 E. Plaza Blvd. #23, National City, Ca. Start Time: 7:00 PM Monday January 28, 2013 Name Ytr�ie 7111es Alqk Owner Occupant Comments ��f. Yak. u1 A.t A e 1 .:,`41 6 A./t v , 4 lv . • SKIM City of National City Fire Department Phone (619) 336-4550 Fire Department Plan Review Date: Project: Reviews: February 20, 2013 Golden Chopsticks R. Hemandez/Fire Marshal Listed plan corrections related to the National City Fire Department. If you have any questions please can (619) 336-4550. Please be advised: A fire Department permit will not be issued unless all corrections are completed and approved. 1) Project shall be built to code 2) The National City Fire Department utilizes all current codes and ordinances. At time of submittal, the National City Fire Department is using the 2010 edition of the California Fire Code and the 2010 edition of NFPA 3) An automatic sprinlder system shall be provided for group A-2 occupancies where one of the following exists: • The fire area has an occupant load of 100 or more • The structure exceeds 5,000 square feet, contains more than one fire area containing a group A-2 occupancy, and is separated into two or more buildings by fire walls of less than fore hour fire resistance rating without openings 4) An approved and monitored fire alarm system shall be installed upon installation of sprinlder system Note: Approval for final sign -off shall be contingent upon final field inspection and compliance with all applicable codes and ordinances D12 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 02/11/2013 BUSINESS NAME: Golden Chopsticks ADDRESS: 1430 East Plaza Boulevard OWNER NAME: CHEN, WEI BIN DOB: OWNER ADDRESS: (add additional owners on page 2) I. Type of Business • Restaurant (1 pt) ❑ Market (2 pts) ❑ Bar/Night Club (3 pts) II. Hours of Operation ❑ Daytime hours (1 pt) • Close by l Opm (2 pts) ❑ Close after lOpm (3 pts) III. Entertainment ❑ Music (1 pt) ❑ Live Music (2 pts) ❑ Dancing/Live Music (3 pts) IV. Crime Rate ❑ Low (l pt) • Medium (2 pts) ❑ High (3 pts) V. Alcohol Businesses per Census Tract 0 Below (1 pt) 0 Average (2 pts) • Above (3 pts) Notes: Existing ABC Revised: 7/11 1 of 2 ria National City Police Department ABC Risk Assessment VI. Calls for Service at Location (for previous 6 months) Below (1 pt) • Average (2 pts) ❑ Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) • Mostly commercial businesses (1 pt) D Some businesses, some residential (2 pts) 0 Mostly residential (3 pts) VIII. Owner(s) records check • No criminal incidents (1 pt) ❑ Minor criminal incidents (2 pts) 0 Multiple/Major criminal incidents (3 pts) OWNER NAME: CHEN, WEI BIN Low Risk ( 12pts or less) Medium Risk (13— 18pts) High Risk (19 — 24pts) Total Points OWNER ADDRESS: None listed OWNER NAME: No other listed OWNER ADDRESS: DOB: None listed DOB: Recommendation: This census tract is oversaturated. License Type: 41 - ON -SALE BEER AND WINE - EATING PLACE Completed by: Graham Young. Sergeant Badge ID: 365 2 of 2 I California Department of Alcoholic Beverage Control License Query System Summary as f 2/17/2013 'License Information 'License Number: 393935 Primary Owner: GOLDEN CHOPSTICKS CHINESE RESTAURANT LLC !ABC Office of Application: 10 -. SAN, DIEGO !Business Name kkoing Business As:, GOLDEN CHOPSTICKS CHINESE RESTAURANT tliusiness Address. IAddress:1430 E PLAZA BLVD E22-23A Census Tract: 0117.00 !City: NATIONAL CITY County: SAN DIEGO !State: CA Zip Code: 91950 .ice usee Information !Licensee:, GOLDEN CHOPSTICKS, CHINESE RESTAURANT LLC Company Information Officer: CHEN, WEI BIN (MEMBER) Stock Holder: CHEN, WEI BIN License Types 1) License Type: 41- ON -SALE BFFR AND WINE -.EATING PLACE License Type Status: ACTIVE Status Date: 13-NOV-2002 Term: 12 Month(s) Original Issue Date:-13-NOV-2002 Expiration Date • 3O-NOV-2-013 Master: Y Duplicate: 0 Fee Code: P40 Condition: OPERATING RESTRICTIONS License Type was Transferred On: 13-NOV-2002 FROM: a1-324767 Current I)_isciplinary Action .. No Active Disciplinary Action found .. . !Disciplinary History . No Disciplinary History found .. . Hold information D1L .. No Active Holds found .. . !.s crow No Escrow found .. . - - - End cf Report --- For a definition of codes, view our Qlassary. CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR THE EXPANSION OF THE EXISTING AREA APPROVED FOR BEER AND WINE SALES AT GOLDEN CHOPSTICKS RESTAURANT LOCATED AT 1430 EAST PLAZA BLVD. CASE FILE NO.: 2013-02 CUP APN: 557-322-14 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, March 4th, 2013, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Wei Bin Chen) The applicant is proposing to expand the restaurant into an adjacent suite, adding 900 square feet. The applicant wishes to expand the existing alcohol sales into the additional area. Information is available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., March 4th, 2013, who can be contacted at 619-336-4310 or planninq(cr�nationaicityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION BRAD RAULSTON Executive Director n10 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2013-03 CUP Project Location: 1430 East Plaza Blvd. Suite #E22/23A, National City, CA 91950 Contact Person: Martin Reeder, AICP Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit application for a 900 square -foot internal expansion of an existing alcohol -licensed restaurant in an existing commercial center. Applicant: Wei Bin Chen 1430 East Plaza Blvd. Suite E22 National City, CA 91950 Exempt Status: Telephone Number: (619) 948-3137 Categorical Exemption. Class 1 Section 15301 (Existing Facilities) Reasons why project is exempt: The project will result in no changes to the physical environment, since the proposal involves the expansionof an existing restaurant into actively -leased commercial space. The restaurant with accessory alcohol sales is an approved use in the respective mixed - use zone. No external construction or additional approvals are involved. Date: MARTIN REEDER, AICP Assistant Planner 2013-03 CUP — Golden Chopsticks — Site Photos Front of existing restaurant looking southeast n1A Side of existing restaurant looking southwest Proposed expansion area to right of existing restaurant RESOLUTION 16-96 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE WITHIN AN EXISTING RESTAURANT AT 1430 E. PLAZA BOULEVARD, SUITE #E22/23A APPLICANT: GOLDEN CHOPSTICKS RESTAURANT CASE FILE NO. CUP-1996-3 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for the sale of beer and wine within an existing restaurant at 1430 E. Plaza Boulevard, Suite #E22/23A at the regularly scheduled Planning Commission meeting on August 5, 1996, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-1996-3, which is maintained by the City and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE,BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the P arming Commission at the public hearing held on August 5, 1996, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the sale of beer and wine will take place entirely within the existing restaurant and will not increase the space needs of the restaurant. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use because the shopping center has frontage on Plaza Boulevard. The sale of beer and wine is not expected to increase traffic significantly on.PlazaBoulevard orwithinthe shopping center. 3. That the proposed use will not have an adverse effect on adjacent or abutting properties, since conditions of approval will limit the sale of beer and wine to no later than 10:00 p.m. and the sale of beer and wine will take place entirely within the existing building and enclosed patio area. This is expected to reduce any potentially adverse effects on abutting properties. P7� 4. That the proposed use is deemed essential and desirable to the public .convenience or welfare, since it will provide the opportunity to purchase beer and wine in conjunction with food for the convenience and enjoyment of customers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. The patio enclosure shall remain to prevent customers from passing alcoholic beverages to persons outside the restaurant. 2. There shall be no sale of alcoholic beverages without the sale of food. 3. There shall be no bar or counter over which alcoholic beverages are served. 4. The sale of alcoholic beverages shall be for on -site consumption only. 5. The sale of alcoholic beverages shall be limited to the hours of 11:00 a.m. to 10:00 p.m., daily. 6. There shall be no live entertainment, dancing or audience participation. 7. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic Beverage Control prior to Conditional Use Permit No. 1996-3 becoming effective. 8. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 9. Before this Conditional Use Permit shall become effective, the applicant shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The -applicant ahall also submit - evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant hall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of Conditional Use Permit No. 1996-3 are binding on all present and future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 2 P23 I0. The use of the property authorized by this pennit shall be limited to a full -service sit down restaurant with the incidental sale of beer and wine for on -site consumption. 11. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 19, 1996, by the following vote: AYES: MARTINELLI, FLORES, KNUTSON, LARGE, BACA, GODSHALK, DETZER. NAYS: ABSENT: ABSTAIN: 3 P24 RESOLUTION NO. 5-2013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF THE EXISTING AREA APPROVED FOR BEER AND WINE AT GOLDEN CHOPSTICKS RESTAURANT LOCATED AT 1430 EAST PLAZA BLVD. CASE FILE NO. 2013-02 CUP APN: 557-322-14 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the expansion of THE existing area approved for beer and wine at Golden Chopsticks Restaurant located at 1430 East Plaza Blvd. at a duly advertised public hearing held on March 4, 2013, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2013-02 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on March 4, 2013, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use is an existing accessory use to the restaurant use in an existing commercial area, and the 900 square -foot expansion of alcohol sales into an existing commercial suite is not expected to increase the demand for parking on the property. 2. That the site has sufficient access to streets and highways that areadequatein width and pavement type to carry the volume and type of traffic generated by the proposed use, since Plaza Blvd. is classified as an arterial street in the Circulation Element, and the expansion into an existing commercial suite is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use is compatible with other nearby businesses; and since the proposed use is and will continue to be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. D,C 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the continued viability of a restaurant, an established and allowed use in the applicable mixed -use zone. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the 900 square -foot expansion of an existing restaurant, with beer and wine sales, located at 1430 East Plaza Boulevard. Unless specifically modified by this resolution or subsequent Codes, all previous Conditions of Approval as stated in Planning Commission Resolution 16-96 are still in effect. Plans submitted for permits associated with this project shall conform with Exhibit A, case file no. 2013-02 CUP, dated 1/17/2013. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Fire 7. The project shall be built to code. The National City Fire Department utilizes the 2010 edition of the California Fire Code and the 2010 edition of the National Fire Protection Association Codes and Standards. P26 8. Occupancy for the additional area in which the expansion will be taking place shall be an A-2 occupancy, as determined by the California Fire Code, 2010 edition, Chapter 9, Section 903.2.1.2. 9. An automatic sprinkler system shall be provided for group A-2 occupancies where either the fire area has an occupant load of 100 or more, and/or the structure exceeds 5,000 square feet, contains more than one fire area containing a group A-2 occupancy, and is separated into two or more buildings by fire walls of less than four hour fire resistance rating without openings. 10.An approved and monitored fire alarm system shall be installed upon installation of sprinkler system. Planning 11. The sale of alcoholic beverages shall be limited to between the hours of 11:00 a.m. and 10:00 p.m. seven days a week. 12.AII sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 13. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 14.Alcohol shall be available only in conjunction with the purchase of food. 15. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Police 16. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that P27 meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 4, 2013, by the following vote: AYES: Baca, Bush, DeLaPaz, Flores, Pruitt, Reynolds, Alvarado NAYS: None ABSENT: None ABSTAIN: None CHAIRPERSON P28 tYFAi61PNAWY 2.655Y EXISTING & NEW AREAS PROJ. DESCRIPTION The wafting restaurant is 2,633 sf (incImng the outside patio,R.). Mu applicant intends 00 add mother 900 sf m the reatuwmt by leasing to Wyman Suite 23A The applicant h0 &Conditional WO Pefalit to save bar nod wine et the edging fmility. DR goose for this rawest is to smaidihn piano&CUP to allowthe sae*yj Yon and wino lathe new addisi®, Cloudy, the rmYoamt is in waggon Emu 11:00em.w 10O0 pm 7 days wait This schedule will.emain the agene After the .ddwoo. The number of employees fan the existing 1044 in 13 for each shift (2-shins per day). the applicant anticipates increasing this ember to IS pa shift with the saw addition. Them is anneal), no live mrataiomeot act& restaurant and the applicant h0 no plans tohandua live eomNomaOla des Nona The m0mant u 'aside a sprawling chopping mac in en nee which waist. primarily of community oriented wail and commercial activities consistent with sMler uses Yang the E. PP1100n Blvd. Then as residential �.e.—8mily and meld. family units in ter neighboring UM, but We location of this facility is near tba Casa of the shopping eater ands situated away from immediate residential mite. Toro are noschools or churches within 660 ft. of the parcel in which Ike te91000101 is located EXISTING & NEW ADDITION FLOOR PLAN SITE No 54,a EXHIBIT A VICINITYM' CASE FILE NO. 2013-02 CUP DATE: 1/17/2013 PARCEL MAP Y6<8tmh LOT.N0. WRACK 0iTE art OF NATONIALCIY, COUNTY OP WI 00104 FTAF6 PCALIPLVIA. ACGOm 0 TO rim 4APS16a00FH0. I!{ Fenn lN6OtiIC60i TI¢ COUNTY RECORDER OF LW MOD N NtY. 11.4 west. (pia NN O] taa0ONODa4 AOYO NA04414k Ay00AMP3 01fw.emw0001T. antina QO.CAIIt01 Olt) 2NMet 005TAUMNT ISaAUMM 10011 DA1FA OF e0TAUWlf 2.00 NEW AMMONTO rilaro 09STAU0AM' 00der( TOTAL FM AMR ADM.. 3.131 L TITLE BLOCK REQUEST% mow ICAIIONO,mtrl% Comm y. mT rttuar TO ALLOW WAVING 01Y• WPM IN TM NIMAIItMONA39A DEVELOPMENT PLANS 01000:AL APPIACAiION DATE REVISION DATE. REVISION DATE: REVISION DATE,. 1�1 U rn 5 C Sean CITY OF NATIONAL CITY, CALIFORNIA CITY COUNCIL AGENDA STATEMENT MEETING DATE: March 19, 2013 AGENDA ITEM NO. p7 ITEM TITLE: A status report on the meetings with property owners and business owners ranking within the top ten of nonconforming uses surveyed within the Westside Specific Plan and the amortization process. PREPARED BY: Raymond Pe, Principal Planner 01/ PHONE: 336-4421 APPROVED BY: EXPLANATION: Staff and consultant, California Property Specialists, Inc. ("CPSI"), held meetings in December with the property owners and the business owners that ranked within the top ten of nonconforming uses surveyed within the Westside Specific Plan. The consultant has prepared the attached background report on the findings resulting from their research and the outcomes of the meetings held with property owners and business owners. Staff will work with the consultant to amortize certain uses consistent with and pursuant to Land Use Code Section 18.11.100(D) Affirmative Termination by Amortization. The Planning Commission is required to conduct a public hearing prior to a recommendation to the City Council to terminate a nonconforming use through amortization. DEPARTMENT: Plannino Divisi FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. 001-409-000-650-9040 Adjusted Appropriation: $50,000.00 Balance (as of 03/11/2013): $23,570.00 Expenditures include consultant services. ENVIRONMENTAL REVIEW: Not applicable. ORDIN)NCE: INTRODUCTION: ' FINAL ADOPTION: STAFF RECOMMENDATION: Accept and file the report. BOARD / COMMISSION RECOMMENDATION: INot applicable.) ATTACHMENTS: 1. Consultant's Report ATTACHMENT 1 As part of the City's effort to amortize detrimental non -conforming uses in the Westside Specific Plan ("Specific Plan") area it was previously decided that , staff from the City of National City ("City"), legal counsel and its consultant California Property Specialists, Inc. ("CPSI") would work with two (2) to three (3) businesses for the initial amortization of non -conforming uses. Therefore, City staff from Planning and CPSI met with those businesses and property owners who were ranked within the Top 10 on the amortization ranking (Exhibit 1). The ranking has changed based on recommendations to remove uses that were found to be in conformance with the Specific Plan after further study (Exhibit 2).. It is important to note that the amortization ranking does not establish a schedule for amortization. The ranking process is also not intended to be used to determine whether to amortize a non -conforming use. The ranking is designed to help establish an objective process (as objective as is possible, given the availability of data) for placing non -conforming uses in an order of impactfulness based upon pre -approved uniform weighting of criteria. Therefore, a non -conforming use's #1 ranking does not indicate that it will have the shortest amortization schedule. Nor does being ranked in the 100s mean a business would have the longest amortization schedule. The ranking provides a tool to rate the degree of harmful or negative impact of the non -conforming uses in the neighborhood. As a result of the meetings with the Top 10 ranked businesses, City staff will be moving forward with the proposed amortization of two (2) businesses. Staff will work in accordance with the amortization ordinance and go through the steps of noticing the owners of an impending hearing before the Planning Commission, present their case as to the basis for amortizing the proposed business and the basis for the proposed period of time in which to amortize the business. The owners will have an opportunity to present their own evidence, dispute any evidence presented by staff, and make their arguments. Background on Preliminary Amortization Meetings Preliminary amortization meetings were scheduled with those businesses listed on the Top 10 of the amortization ranking. For the scheduling of these meetings the decision was made to notify both property owners and tenants listed in the Top 10 in order to ensure that both the potentially affected businesses and property owners received the same information and were able to respond to questions from City staff. During the meetings participants were presented with the following: 1. Sufficient information regarding the requirements for land use and zoning conformance pursuant to the Specific Plan. Page 1 of 14 Di 2. The opportunity to provide input and ask questions regarding the amortization process. 3. Questions regarding the term for current tenant leases. 4. Questions regarding investments made on each property. 5. The opportunity to present concerns regarding the amortization process followed to date. 6. The potential timing for presentation to the City Council regarding amortization implementation. Sensitivity was taken during these preliminary meetings to properly explain amortization and conformance with the Specific Plan given tenant lease terms and fears from businesses and property owners regarding the timing for amortization implementation. Notices regarding the meetings were sent via regular mail to property owners and businesses (see Exhibit 2) and follow-up phone calls were made to businesses and those property owners whose phone numbers could be obtained. The meeting notification letters asked that businesses and property owners reply with their availability for attending a meeting g or a conference call with City and CPSI staff from 8 a.m. to 5 p.m. on Dec. 11th, 12t or the 13th. An additional conference call was conducted on December 19th These preliminary meetings were conducted with the following property owners and business tenants concerning: TOP 100N AMORTIZATION RANKING Rank Business Name Property Owner Name Meeting Scheduled 1 Steve's West Coast Automotive Gary Martin Walton Met with Property Owner, Tenant did not reply 2 San Diego Orthopedic Medical Supply Benjamin & Loma Elguezabal Met with Owner -Occupant 3 Jose's Auto Electric Reid Hutchison LLC Met with Owners and Tenant separately 4 National City Smog Check West Coast Radiator Joseph M. Browder Met with Owner, Tenant deferred meeting to Owner 5 DeFrance Printing Doris Howell Trust Met with Tenant who reported to Owner (his mother- in-law) 6 S&S Welding Corporation Phomsavanh Sayheune Met with Owner -Occupant West Coast Truck Service Lee & Nellie Morgan Trust Met with Owners and Tenant separately 8 G&J Auto Arturo & Mary Cuevas Trust Conference Call with Owner, Space is Vacant 9 M&T Automatic Transmission Repair Juana Adrianzen Conference Call with Owner, Tenant did not make scheduled meeting 10 Momax Truck Driving School Frank & Deborah Safley Met with Owner and Tenant Separately Page 2 of 14 P7 Structure of the Amortization Meetings These preliminary meetings with the Top 10 ranked businesses and property owners allowed for a good exchange of information and a thorough presentation regarding the current amortization process. The majority of the business owners and property owners stated that they were appreciative of the process that has been followed and understood the City's rationale for wanting to address changes with zoning and land use patterns in the Specific Plan area. The meetings were successful because they created an open communication and identified properties/businesses that could move forward with voluntary compliance with the Specific Plan's land use and zoning requirements. Meetings and conference calls were approached by the City's Planning staff and CPSI in a consistent fashion to provide similar information to all meeting participants. The meetings were structured as follows: I. Introductions. II. Explanation of the purpose (provide information, solicit input and respond to initial questions) of conducting these preliminary amortization meetings. III. History of the Westside. IV. Long term planning efforts to address land use and zoning issues. V. Definition of amortization, its implementation and outline of the amortization section of the National City Municipal Code. VI. Explanation of the Westside Specific Plan adoption, collaboration with US EPA, the Report prepared by the US EPA consultant for ranking nonconforming uses, and factors that contribute to a property's placement on the ranking database. Vil. Description of the survey and research process for ranking nonconforming uses. VIII. Explanation that the Ranking database is only a tool the City can use for amortizing nonconforming uses. Discretion for implementation rests with City Council direction. IX. Detailed explanation of the difference between the process of "grandfathered" nonconforming uses and amortization efforts the City might choose to implement. X. Explanation of conforming uses, potential business uses for each property given its zoning, and potential property conversions/development opportunities. XI. Questions posed to business tenants/property owners regarding recent improvements to the property, current business operations at the site, and future plans for use of the property. XII. Next steps regarding the amortization process and preparation of recommendations for City Council consideration. XIII. Response to questions from business tenants/property owners. XIV. Collection of contact information. Copies of all pertinent reports, ordinances, and other pertinent documents were made available and referred to when providing the history of the planning efforts for the Westside Specific Plan. The City's GIS and aerial maps were utilized during the meetings for reference to property information. Page 3 of 14 D9 Summary of Preliminary Amortization Meetings San Diego Orthopedic Medical Supply — Property Owner: Benjamin H. and Lorna M. Elquezabal After meeting with Ben Elguezabal it was determined that this property is no longer listed for sale and the Mr. Elguezabal (Owner -Occupant) will reopen his medical supply business. This business operation is in compliance with the Specific Plan and will strictly conduct a retail operation that is allowed in the MCR-1 zone. After the meeting it was dear the property would not be sold and no wholesale activities will occur on the site (wholesale retail activities are not allowed in the MCR-1 zone) and the business operations are in compliance with the Specific Plan. G&J Auto — Property Owner: Arturo R. & Mary F. Cuevas During the conference call with Mr. Arturo Cuevas the property owner, he informed us that this property is currently vacant and the lease with the previous non -conforming use (G&J Auto) was not renewed. (The previously nonconforming auto repair business vacated the property in the summer of 2012.) It was explained that the MLR zoning, which permitted auto repair uses had been changed to MCR-1 in the Specific Plan. After explaining the permitted uses the property owner mentioned he was considering using this property as the location for his contractor business, which conforms to the Specific Plan. Momax Truck Driving School — Property Owner: C. Frank & Deborah Safley Meetings were conducted separately with property owner Frank Safley and business operator Moises Gutierrez. Momax Driving School has changed its business operations to only conduct the truck driving classroom activities and to use this location as his office at this site. Mr. Gutierrez stores his truck and bus on -site, but does any maintenance or driving instruction at off -site locations. During the meeting it was explained that his business operations would be in conformance with the Specific Plan MCR-2 zoning requirements if the truck and bus were not stored/parked on -site. During the meeting with Mr. Safley, staff conducted a detailed discussion about the allowed uses at 302 W. 19th Street. Mr. Safley is open to negotiating an amortization schedule after the lease with Momax expires in 2 years or working with his tenant to store the truck and bus off -site. HP Clutch & Brake, 1620 Harding Avenue — Mr. Safley owns this property within the Specific Plan area and it is ranked #16 on the updated amortization ranking. During our meeting it was explained to Mr. Safley that his zoning has changed from MLR to RS4, which no longer allows auto repair uses. Given the residential zoning City staff explained that based upon an initial review there is the potential for three (3) single family residential units to be built on this 8,625 square foot lot. He explained it would be very difficult for him to convert this property to residential given his lease with HP Clutch and Brake and the good condition of his block building at this site. Page 4 of 14 PA Steve's West Coast Automotive — Property Owner: Gary M. Walton The business owners Christine and Lewis did not attend the scheduled meeting. A meeting was held with the property owner Gary Walton who inherited the property 1- year ago from his parents. He was pleased to hear about the allowed uses in the current MCR-1 zoning. The lease for his tenant ends in February 2014, and the tenant (Steve's West Coast Automotive) wants a new 10-year lease; however, this use is not in conformance with the Specific Plan. M&T Automatic Transmission Repair — Propertv Owner: Juana P. Adrianzen A meeting was conducted with the business owner Ms. Malaquias Campos to inform her that the zoning for this property is now MCR-1 per the Specific Plan and auto repair business activities do not comply with this zoning. Rosemary Andriopulos (representing the property owner Juanita Adrianzen) was unable to attend the scheduled meeting on December 11, 2012. S&S Welding — Property Owner: Sayheume Phomsavanh An informational meeting was conducted with Mr. Sayheune (Say) Phomsavanh and his newphew James (who was available via telephone). Say owns the property and operates the business (S&S Welding). He has been a long time business operator in National City, and previously owned and operated his business on 16th Street until the City purchased that property from him and he moved his business to Chula Vista. He purchased this property at 18th and Hoover approximately seven (7) years ago and leased the property to Jose's Auto Electric. Approximately 2.5 years ago Jose's Auto Electric moved to the Hutchinson property (at the corner of 18th and Roosevelt) and Say relocated S&S Welding from Chula Vista back to this property. S&S Welding constructs drainage systems and sewer systems for cities, including the City of National City. When it was explained to Say that the zoning changed from MLR (which previously permitted the operation of his welding business) to Limited Commercial, Say mentioned that the flooding concerns would not work for any other business that he could put at his property. The flooding issues with Paradise Creek hamper his ability to access his property during the rainy season. He is very concerned about finding a new location for his business and being able to convert this property to a retail or office use. West Coast Truck Service — Property Owner: Lee J. & Nellie E. Morgan Trust An informational meeting was conducted with the property owner trustee John Pedergrast, his attorneys from Green & Green, LLP and the Trust's broker from Cassidy Turley. The property is currently being considered for sale because the trust is considering liquidating some of the Trust's assets. They are considering whether the property could be converted to a mixed use residential -commercial property, retail or office now that the zoning has changed from MLR to MCR-1. In the meeting with Juan and Joann Arredondo, the business operators of West Coast Truck Services, the discussion centered around their interest in acquiring the property and continuing business operations at the site. The issue of the amortization was explained in detail to fully inform them that the City could implement amortization efforts Page 5 of 14 PC on this property. The flooding at the property was an issue that would be difficult for residential, retail or office uses according to the Arredondo's. The property experiences over 2 feet of periodic flooding from November through January every year. Jose's Auto Electric — Property Owner: Reid Hutchinson, LLC Meetings were conducted with both the business operators (Jose and Alma Ramirez) and the property owners (Reid Hutchinson, LLC - Bruce, Stewart and Leah — the Hutchinson family). With the property owners it was explained that their zoning has changed from MLR (which allowed auto repair uses) to Limited Commercial in the Specific Plan. The lease between the Hutchinson family and Jose's Auto Electric is in place for five (5) more years and recent upgrades to the subpanels have occurred at a cost of $15,000, so they do not want to lose a good tenant and any investment they have made in the property. The allowed office and retail uses were explained to the property owners and the decreased parking requirements in the Specific Plan (Retail normally requires 4 parking spaces per 1,000 square feet, the Specific Plan allows 3.6 spaces per 1,000 in the Limited Commercial zone. Office parking requirements normally require 5 parking spaces per 1,000 square feet; the Specific Plan allows 2.9 spaces per 1,000 in the Limited Commercial zone.) A major point of emphasis was the flooding issues with Paradise Creek. The property owners felt that only industrial uses would be willing to deal with the flooding concerns. The property owners were concerned that the tenants were notified, but it was explained that in fairness to all interested parties (property owners and business tenants) outreach efforts were conducted with all property owners and tenants so that both tenants and property owners would have the same opportunity to receive detailed information concerning the Specific Plan, the City's amortization activities and would have the opportunity to express their concerns and issues. They also expressed concerns about the different amortization rankings for the two (2) properties comprising the building and the storage patio, and it was explained that one of the properties is 99 feet from the school and the other is 102 feet from the school, which changes the amortization ranking. In the meeting with Jose and Alma Ramirez of Jose's Auto Electric the tenants were concerned that they would have to stop their business operations considering they have five (5) years remaining on their lease. They explained that have lost five (5) cars that they were servicing in the past due to the flooding that occurs typically from November through January every year. DeFrance Printing — Property Owner: Doris L. Howell Meeting was held with the business owner Ron Williams, Sr., but the property owner, Doris Howell (an elderly woman), was not able to attend the meeting. Mr. Williams was going to report back to Ms. Howell (who is possibly his mother-in-law) regarding the meeting. Mr. Howell does not want to leave this location or stop operations at this location anytime soon. His son Ron Williams, Jr. intends to continue operating at the site. This property was previously zoned MLR and the MLR zoning allowed DeFrance Printing to provide printing services to small business clients; however, it is now zoned RS4 and these business activities do not comply with the Specific Plan. DeFrance Page 6 of 14 P6 Printing has 5 years remaining on the current lease and Ms. Howell has asked her real estate attorney to analyze the situation. National City Smog Check - Property Owner: West Coast Radiator, Inc. An informational meeting was conducted with Mr. Joseph M. Browder (Jud) the property owner. His tenant Kenny deferred meeting with City staff. Jud owns the property and previously operated his business (Dean's West Coast Radiator) at the location, but he currently leases the property to National City Smog Check. He has 3 years remaining on the lease with his tenant National City Smog Check. He previously leased this property to Jose's Auto Electric and the flooding has been so bad he has had to purchase the cars from customers whose cars experienced flood damage, while they were being worked on by his tenants. The flooding has been very bad at the location as deep as 3.5 feet because this property is 1 foot below sea level. He understands the issues with the flooding because he is a fourth generation National City resident. He appreciates the City's efforts to change the zoning from MLR to MCR-1, but he does not believe that any retail, office, or mixed use housing and commercial uses could be located at his property until the flooding issues are resolved. Potential Activities Derived from the Preliminary Amortization Meetings • San Diego Orthopedic Medical Supply: Remove San Diego Orthopedic Medical Supply from the amortization ranking because they are in compliance with the Specific Plan. • G&J Auto: City staff should work with Mr. Cuevas to make sure all future business activities at this vacant property comply with the Specific Plan. • Momax Truck Driving School: Work with the business operator to enforce the need to store the truck and bus off -site in order to achieve compliance with the MCR-2 zoning requirements. • M&T Automatic Transmission Repair: Meet with the property owner to discuss the current lease terms with M&T, explain the change in zoning from MLR (which allowed auto repair uses) to MCR-1 (which prohibits auto repair operations) and provide a full explanation of the amortization process. Monitor the business operations for impacts to neighbors, and work with the tenant to institute best business practices for noise control and water runoff. Begin developing an amortization schedule for converting this to a conforming use. • West Coast Truck Service: City staff work with the property owner (Trustee) and the broker representing the trust during the potential sale of this property. City staff should work with the property owners in effort to encourage that this property converts to a conforming use consistent with MCR-1 zoning per the Specific Plan. Page 7 of 14 • Jose's Auto Electric: City staff work with the business and property owners to answer any questions regarding the City's amortization efforts. • DeFrance Printing: Monitor the business operations for impacts to neighbors, work with the tenant to institute best business practices for noise control (if this is an issue), and keep the property owner and tenant informed of the need to conform to the current zoning. • National City Smog Check : City staff work with the business and property owners to answer any questions regarding the City's amortization efforts. • Significant flooding occurs for the properties located on 18th Street between Coolidge Avenue and National City Boulevard. City staff could work with the San Diego County Flood Control District to try and development mitigation measures to address the flooding issues, which significantly impact these properties during periodic flooding from November through January each year. • A similar process of conducting informational meetings should be followed for continued implementation of the City's amortization efforts. • Begin scheduling new meetings with business operators and property owners within the MCR-1 zoning, concentrating efforts along Hoover Avenue and 18th Street. • Work with staff to identify property owners and business operators that might come off the amortization ranking list because the properties are vacant and possibly no longer operating as legal nonconforming businesses. • Identify properties that might be able to convert to the current zoning with some minor modifications to their business operations (some of the contractors who have properties with outdoor storage issues are good candidates). • Inform City staff to look for any vacancies, broker listings, and "for sale" signs in the Westside, so that meetings can be scheduled to keep property owners informed about the City's amortization plans and how conformance with the Specific Plan will be enforced. This proactive enforcement should help to avoid the issue of running into conflicts with Planning staff who review business license applications and applications for Certificate of Occupancy that are out of conformance with the Specific Plan. • Schedule meetings with City staff and brokers who have current listings for property owners in the Westside to explain amortization and conformance with the Specific Plan. Page 8 of 14 PA EXHIBIT 1 Score June 12' December 5, 2012 Rank Order Group Weights 0.400 0.600 1.000 APN Name and Address Business Operation Score Neighborh ood Impact Score Ranking Score 2012 Rank Order 559-084-15 Steve's West Coast Automotive 78 56 65 2 7 559-08406 San Diego Orthopedic Medical Supply 67 62 64 8 2 560-202-04 Jose's Auto Electric 65 50 64 4 3 580-143-37 National City Smog Check 84 49 63 15 4 559-084-12 DeFrance Printing 73 53 61 9 5 580-202-01 S&S Welding Corporation 83 46 61 44 6 560-142-14 West Coast Truck Service 84 44 60 5 7 580.065-09 G&J Auto 82 44 59 12 6 559-085-05 M&T Auto Repair Automatic Transmissions 76 46 58 28 9 559-104-14 Momax Truck Driving School 73 47 58 18 10 555-104-12 Transmission Expert 96 31 57 1 11 560-142-13 Golden State laundry SystemsfSouttland Laundry Systems 68 46 55 43 12 559-084-03 K°ol &Fit 68 46 55 45 13 560-143-27 Southland Auto Body 79 37 54 39 14 550-143-38 Framing As c tesrRobNottl 79 36 53Fabrication 57 15 560-015-11 Best Deal Neon Signs 84 33 53 3 16 559-104-15 Momax Truck Driving School 54 50 52 66 17 559-082-07 HP Clutch & Brake 63 43 51 85 18 560-205-03 UFO — Upholstery Faddy Outlet 77 33 51 47 19 559-105-01 Torres 62 42 50 65 20 560 202-09 Greenwald's Autobody and Frameworks 72 35 50 46 21 659-085-13 Universal Steel Fabrication Inc. 78 32 50 49 22 559-105-05 Missionary Church of God In Christ 83 28 50 87 23 560-065-10 Cuevas 73 32 49 69 24 560-066-03 Commercial Fleet Service 69 35 48 72 25 560 395 05 M&N Furniture Manufacturing 81 27 48 78 26 559-083-14 California Air Compressor 68 34 47 84 27 559-034-15 JOoson's Complete Auto Body & Paint. 71 32 47 10 28 559-083-06 Ars Electric Mdora 73 30 47 64 29 560-065-08 San Diego Medical Transportation 69 32 47 105 30 655-116.03 Acro Instruments 68 33 47 14 31 560-066-12 Fleet Wash 72 30 47 77 32 659-036-15 California Moving and Storage 83 22 47 17 33 555.104-11 Valencia Stone & Tile 65 34 46 6 3d 560-395-09 A-1 Hydraulics Service Sales Repair 74 28 46 99 35 560-142-10 C&W Diving Services, Inc. 71 30 46 109 36 559.081-22 Expo Builders (aka Materials) tside Building 74 26 46 DO 37 559-101-02 Horns Welding 86 80 45 91 38 560-395-11 General Iron Works 71 28 45 117 39 559-083-07 California Air Compressor 65 32 45 79 40 559-032-11 Meza Auto Body 67 29 45 7 41 560-065-01 Coordinated Wire Rope 73 26 45 31 42 Page 9 of 14 on EXHIBIT 1 (Continued) Score June 12, December 5, 2012 Rank Order Group Weights 0.400 0.600 1.000 APN Name and Address Business Operation Score Nelghborh ood Impact Score Ranking Score 2012 Rank Order 559-033-10 Pacific West Builders 64 31 44 33 43 560-058-08 JB Bradford Metals 72 25 44 96 44 559-084-16 Loya Contractors 74 24 44 115 45 580-086-21 Reliable Spring and Suspension 66 29 44 75 46 880 141-07 Motor Machine and Supply 76 22 43 93 47 559-033-17 True Grits School Blazers 69 33 43 38 48 560-202-06 Jose's Auto Electric 55 35 43 97 49 680 143 03 Western Upholstery Supply (D) 60 32 43 112 50 560-015-08 BJ Motors and BodyAccounting & AA Aun0ng 76 21 43Plus 13 51 559-063-13 EBCO 75 22 43 16 52 559-065-02 La Rue Plumbing 80 18 43 110 53 560-061-15 Miller Marine/Water Jet Cutting Services 74 22 43 21 54 560-392-11 Peny Ford - Used Car Dept 76 20 42 101 55 560-012-09 South Bay Boiler Repair 72 22 42 23 56 559-034-13 Dewey Pest Control 59 30 42 41 57 559.121-15 SCI-Southem California Insulation (A), JJ & K Builders (C) 57 32 42 104 58 559-086-05 Comartln Enterprises, Inc 59 30 42 102 59 559-062-05 Complete Auto Repair, National Motor Works 69 24 42 25 60 555-104-01 De -Lux Roofing Co, Inc. 71 22 42 27 61 555-104-14 Puppet Safari 75 19 42 19 62 555-105-13 Dan Fab 75 19 42 19 62 560-061-14 Crown Trucks 72 21 41 11 64 580-016-03 Clemens 68 23 41 24 65 560-141-06 Motor Machine and Supply 73 19 41 103 66 555-103-09 The Modem Blacksmith 75 16 41 70 67 580-081-13 Southland Transmission 77 16 40 40 68 560-141-08 National Mechanical Services Inc. 71 20 40 133 69 555-111-02 Autoteck Paint & Body 73 18 40 30 70 559-083-11 San Diego Crane and Hoist 66 23 40 120 71 559-065-01 Nellans Carpet 67 22 40 121 72 560-142-09 C&W Diving Services, Inc. 57 29 40 129 73 560-011-05 Marlo's Auto Specialties (Formerly: Platinum Auto Body and Paint) 73 18 40 22 74 559-063-12 EBCO 72 19 40 29 75 560-061-01 Turbo Transmission 72 18 40 26 76 560-011-12 San Diego Pretzel Co 63 24 39 34 77 555-116-15 Morgan LinenParking Lowt Salvia 67 20 39 i8 78 559-033-02 Transmission Supply 51 30 39 76 79 560-143-28 JRP Auto Sales 69 18 38 114 80 560-143-02 Western Upholstery Supply (D) 46 oa 36 125 81 555-103-05 Sam's Alignment and Brakes 87 19 38 36 82 559-081-20 Askew Hardware Products 66 19 38 126 83 Page 10 of 14 Pin EXHIBIT 1 (Continued) Score December 5, 2012 Rank Order Group Weights OA00 0.600 1.000 June 12, APN 1 Name and Address Business Operation Score Neighborh ood Impact Score Ranking Score 2012 Rank Order 560-012-07 Collins Marine Repair 64 19 37 62 84 565-111-03 DLP Enterprises 61 21 37 42 85 560-015-05 Crown Transmission Services 50 28 37 83 66 560-143-25 Bumper to Bumper Auto Detail, and JRP Auto Sales 78 10 37 118 87 559-061-15 CP Manufacturing 78 10 37 37 88 560-066-13 Fleet Wash 48 29 37 127 89 555-111-07 E-Z Spring and Stamping 51 27 37 54 90 560-141-03 CM Motorworks 62 20 37 134 91 555-116-12 Allied Piping and Welding 64 18 37 48 92 569-035-06 Potter Electric Inc 62 19 37 55 93 555-116-11 E & S Autoworks 66 17 37 ' 61 94 555-103-14 Pacific Auto Repair 71 14 36 32 95 560-016-12 Bostrom Instrument Co 55 24 36 59 96 560-015-13 Civic Center Auto Body Paint & Repair 63 18 36 51 97 559-032-18 Vlllarino Construction Services 65 17 36 88 98 555-103-06 Expression One Arts 69 13 36 67 99 559-065-04 Advanced MRF 60 19 35 140 100 559-065-05 Advanced MRF 56 22 35 141 101 560-065-06 Housing Auto Repair 50 25 35 142 102 555-115-14 San Diego Auto Detail 64 15 35 60 103 559-086 13 Comartin Enterprises, Inc 59 18 34 139 104 555-104-02 A New Look Auto 57 18 34 56 105 560-011-13 OF Designs 63 14 34 71 106 559-034-14 Vacant/Formerly Better Life 63 14 33 95 107 559-062-04 All County Industrial & Marine (ACM) , 54 19 33 73 108 560-015-06 BJ Motors and Body 49 22 33 74 109 560-012-10 South Bay Boller Repair 49 22 33 92 110 560-012-06 Misako Family Dentistry/ Universal Steel Fabrication/Aloha Insurance Services 59 16 33 107 111 555-115-11 Morgan Linen and Uniform Service 46 21 31 106 116 659-063-06 Aicem Fencing Co 55 17 32 81 112 559-032-20 Cal Am Manufacturing 59 14 32 100 113 560-012-08 Collins Marine Repair 52 19 32 96 114 555-103-07 Nathan's Stoneworld 65 9 31 82 115 559.062-01 Inspec Testing 50 18 31 113 117 559-033-13 Daughn 32 26 29 111 118 560-011-11 Storage for Valencia Stone & Tile 46 14 27 116 119 555-111-01 Autoteck Paint & Body 49 12 27 119 120 559-032-21 Cat Am Manufacturing 41 14 25 131 121 560-144-01 Perry Ford 47 9 25 143 122 559-063-08 Luna Construction Services 19 28 24 124 123 555-112-16 Island Paradise 28 20 23 135 124 580-144-02 Perry Ford 41 9 22 144 125 560-144-03 Perry Ford 30 11 19 145 926 Page 11 of 14 EXHIBIT 2 Name Type Zone Reason for Removal from Ranking Sun Diego Charter Co. Charter services MCR-Z Vacant property proposed to be redeveloped in conformance with the MCR-2 Zone. Royal Blazers World Headquarters Clothing Retail MCR-2 Sale of school uniforms and there is no indication any manufacturing occurs at this facility. Retail sales are allowed in the MCR-2 zone. 1609 Wilson Residence MCR-1 Residential use whose storage in the back yard does not appear to be for industrial business purposes. 1619 Wilson Residence MCR-1 Residential use whose storage in the back yard does not appear to be for industrial business purposes. 323 W. 16th Residence RS4 Residential use whose storage in the back yard does not appear to be for industrial business purposes. South Bay Leather Corp. Retail Sales of Leather CL Sale of leather by the roll, appears that no tanning or other preparation of leather is occurring. A -American Self Storage Self Storage CL Self Storage use that is permitted in the Limited Commercial Zone for the Specific Plan. Federal Equipment Co. Industrial Equipment &Supplies MCR-2 Sale of industrial equipment and supplies is permitted in MCR-2. No production or storage was identified outside the building. South Bay Mechanical Services Inc. AC & Heating Services MCR-2 Sale of air conditioning and heating equipment is a permitted use in MCR-2 Zone. Pro Street Lighting Auto Accessories Auto Parts Sales MCR-2 The sale of automobile accessories is a permitted use in MCR-2 Zone. Extreme Auto Detailing Supplies Auto Parts Sales CL The sale of automobile detailing equipment and supplies is a permitted use in the Limited Commercial Zone. P.R.I.D.E Employment Service CL This business employs manufacturing and service employees who visit locations nationwide. This is a permitted use in the Limited Commercial Zone. American Self- Storage and Stop & Go Trolley Deli Storage & Food Service CL This self storage use and delicatessen that serves the trolley station are permitted uses in the Limited Commercial Zone for the Specific Plan. Arctic Supply Parrs Supplier (refrigeration) MCR-2 The sale of refrigeration parts and equipment is a permitted use in MCR-2 Zone. Fleetwood Electric Electrical Service Company MCR-1 This business employs electrical services employees who visit businesses, which is a permitted use in the MCR-1 Zone. ACME Safety & Supply Traffic Contorl Supplies MCR-1 The sale of traffic control supplies and equipment is a permitted use in MCR-1 Zone. UFholste Upholstery Factory Outlet Parts and Equipment Sales CL The sale of upholstery equipment and supplies is a permitted use in the Limited Commercial Zone. Kay Automotive Auto Parts Sales CL The sale of automotive supplies and equipment is permitted in the Limited Commercial Zone. Page 12 of 14 D17 EXHIBIT 3 YEARS November 28, 2012 National City, CA 91950 RE: Meeting Request to Discuss Amortization of Nonconforming Land Uses in the Westside Specific Plan Area Dear Business Owner. The City of National City ("City') Is proceeding with the amortization of nonconforming land uses in the Westside Specific Plan area, which is a part of long standing efforts by the City to reestablish the Westside as a safe, healthy, and vibrant neighborhood where people engage in community life. 'Amortization" is a process established by City Ordinance in 2006 by which a legal nonconforming use can be required to discontinue after a period of time sufficient to allow the business/owner to recoup their investment. Whether a nonconforming use will be requested to discontinue depends on various factors such as the extent of the nonconformity, including the use's negative impacts to the surrounding community. A component of the amortization of nonconforming land uses is the ranking process. The ranking process was developed, through significant review and Input from City legal counsel, public participants, Interested parties, and collaboration with the U.S. Environmental Protection Agency to rank multiple nonconforming properties with similar nonconforming uses In relationship to one another. The March 2011 Report commissioned by the City entitled "Recommendation for Ranking Properties with Nonconforming Uses in the Westside Specific Plan Area,' further clarifies that 'the rankng process Is not intended to be used for the purpose of determining whether to terminate a land use or to develop the amount of time in which to terminate a nonconforming use. These decisions wil! be made In accordance with the requirements of the National City Land Use Code Section 18.108.230 -. Affirmative Termination by Amortization.' Your business/property has been Identified as a nonconforming land use and received a ranking within the Top 10 of the amortization ranking. The City would like to achieve compliance with the current Land Use Code In the Westside Specfc Plan area and is Inviting those ranked within the Top 10 to discuss conformance with the Land Use Code and the Amortization process. The City is scheduling meetings on December 11"', 121h and 13th with Raymond Pe, Principal Planner and the City's consultant Michael Garcia of California Property Specialists, Inc. to meet with businesses and property owners with land uses identified as nonconforming to Page 13 of 14 EXHIBIT 3 (Continued) Page 2; National City Meeting Request discuss the City's Amortization process and how conformance might be achieved with the Land Use Code for the Westside Specific Plan area. The meetings will be held as follows: Days: December 116. 12th and 13e' Time: 8 a.m. to 5 p.m. Location: City Hall Planning Department 1243 National City Blvd. National City, CA Please reply with your availability by Wednesday, December 5, 2012 by calling Raymond Pe at (619) 336-4250 or sending an email to roeCcitnationalcityca.gov so the City can schedule meetings on December 11 ,12"' and 1e'. We will be In contact with you by Friday, December 7th to let you know about your meeting time. As an alternative to a personal meeting, conference calls maybe scheduled. Please note that agreeing to a meeting does not constitute agreeing to an Amortization Schedule that develops the amount of time In which to terminate a nonconforming use, but merely represents agreeing to discuss the Amortization process with City staff, If you send an email please provide the following information: 1. Days and Times you are available to meet 2. Name 3. Business Name 4. Site Address 5. Prsfened Mailing Address 6. Phone 7. Fax 8. Email Please do not hesitate to call Raymond Pe, Prindpal Planner at (619) 336-4250 or Michael Garda of California Property Specialists, Inc. at (949) 407-6221 if you have any questions. Sincerely, rad Raulston, Director Community Development DIA Page 14 of 14 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT "MEETING DATE: (March 19, 2013 AGENDA ITEM NO. '23 ITEM TITLE: Resolution of the Community Development Commission- Housing Authority of the City of National City authorizing the Chairman to execute a Subordination Agreement allowing a new mortgage not -to -exceed $65,000 to be and remain a lien prior and superior to a housing rehabilitation assistance loan on a single - unit property located in National City PREPARED BY: Carlos Aguirre, Comm. Dev. Specialist (DEPARTMENT: Hound Grants PHONE: 619 336-4391'j APPROVED BYE - jam EXPLANATION: The Community Development Commission -Housing Authority of the City of National City (CDC -HA) made a loan for $25,000 from the Community Development Block Grant Program to Javier and Irma Garcia ("Borrower") on 6/24/1999 to assist the Borrower in the rehabilitation of a single-family residence located at 519 "I" Ave in National City. The CDC -HA loan is an installment loan with an outstanding balance of $2,481.64. The Borrower is interested in refinancing the first mortgage loan on the property and has been approved for a new loan with Chase Bank ("Lender"). The Lender is requiring that the CDC -HA execute the attached subordination agreement allowing the new loan to hold superior position to the CDC -HA issued loan. The CDC -HA loan will maintain second lien position on the property. The purpose of the refinance is to allow the Borrower to reduce the interest rate paid to a fixed rate of 3.5% and there will be no cash proceeds to the Borrowers through the refinance. Staff has satisfactorily reviewed the combined loan -to -value, preliminary title report, new loan terms, and good faith estimate that outline the closing costs of the transaction. The CDC-HA's legal counsel will be provided the new Deed of Trust and final Subordination Agreement to review and approve before the Subordination Agreement is executed by the CDC - HA. FINANCIAL STATEMENT: APPROVED: LG1/f'Gwh Finance ACCOUNT NO. APPROVED: MIS There is no fiscal impact associated with this request. j ENVIRONMENTAL REVIEW: Entering into the subordination agreement is exempt from environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends the adoption of a resolution to execute the Subordination Agreement BOARD / COMMISSION RECOMMENDATION: There is no board or commission recommendation required for the Subordination Agreement. ATTACHMENTS: 1. Draft Subordination Agreement between the CDC -HA and the Borrower Attachment No. 1 Draft Subordination Agreement After Recording Retum To: Title Source, Inc. 682 Woodward Ave Detroit MI 48226 Prepared By: Tameshla Mills SUBORDINATION AGREEMENT Escrow No: 57296744 This Agreement is made this , 2013 by and between Community Development Commission ("Junior Lender") whose address is 1243 National City Blvd, National City, CA 91950 and JPMorgan Chase Bank, N.A. ("New Senior Lender), whose address is 1111 Polaris Parkway, Columbus, OH 43240. WHEREAS the Junior Lender Is the holder of a security instrument in the principal amount of $ 25,000.00, executed by Javier Garcia, Jr. and Irma Garcia ("Borrowerls"), to Community Development Commission. WHEREAS, said lien is dated June 11, 1999 and recorded on June 24, 1999, as Instrument/Case No. 1999-0441066, of Official Records in the records of San Diego County, and legally described as: (SEE ATTACHED LEGAL DESCRIPTION) Property Address: 519 I AVE , NATIONAL CITY, CA 91950 {"Property') Parcel Number 5563120200 WHEREAS, the New Senior Lender Intends to make a loan to the Borrower(s) in a principal amount up to $62,717.00 and dated on or about , 2013 to be secured by a mortgage/deed of trust granted by and between the New Senior Lender and the Borrower(s) covering the Property, and WHEREAS the New Senior Lender will only make the loan to the Borrower(s) provided that the Junior Lender's Lien is subordinate to the New Senior Lender's Lien and WHEREAS the Junior Lender intends that the New Senior Lender's lien be prior and superior to the Junior Lender's lien. Junior Lender consents without possibility of revocation, and accepts all provisions, terms, and conditions of the New Senior Lender's security instrument. NOW, THEREFORE, it is agreed that in consideration of one dollar and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the Junior Lender agrees to subordinate and make the Junior Lender's lien subordinate and junior in all respects to the New Senior Lender's lien. This agreement shall be binding upon the Junior Lender and Senior Lender, and their successors, and/or assigns. Attachment No. 1 Draft Subordination Agreement SIGNED: Name: Position: State of County of ) ) ACKNOWLEDGMENT On before me, (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature (Seal) RESOLUTION NO. 2012 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A SUBORDINATION AGREEMENT ALLOWING A NEW MORTGAGE NOT -TO -EXCEED $65,000 TO BE AND REMAIN A LIEN PRIOR AND SUPERIOR TO A FIRST-TIME HOMEBUYER ASSISTANCE LOAN ON A SINGLE -UNIT PROPERTY LOCATED IN NATIONAL CITY WHEREAS, the Community Development Commission — Housing Authority of the City of National City ("CDC -HA") made a loan for $25,000 from the Community Development Block Grant Program to Javier and Irma Garcia ("Borrower") on June 24, 1999, to assist the Borrower in the rehabilitation of a single-family residence located at 519 "I" Avenue in National City (the "Property"); and WHEREAS, the CDC -HA loan is an installment loan with an outstanding balance of approximately $2,481.64; and WHEREAS, the Borrower is interested in refinancing the debt on the property and has been approved for a new loan with JP Morgan Chase Bank (the "Lender") that requires the CDC -HA to execute a Subordination Agreement allowing the new loan to hold superior position to the CDC -HA Loan that will maintain second lien position on the Property; and WHEREAS, the purpose of the refinance is to allow the Borrower to reduce the interest rate to 3.5% with no cash proceeds to the Borrower through the escrow tied to the refinance; and WHEREAS, maintaining a second lien position pursuant to the Borrower refinancing to a lower interest rate without cash -out acts to further preserve and secure the CDC -HA interest in the Property. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission — Housing Authority of the City of National City hereby authorizes the Chairman to execute a Subordination Agreement in favor of a new First Trust Deed with JPMorgan Chase Bank as beneficiary. After being recorded by the County of San Diego, said Subordination Agreement will be on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of March, 2012. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Leslie Deese, Secretary Claudia Gacitua Silva CDC General Counsel ITEM #29 3-19-13 IDENTIFIED SEQUESTRATION IMPACTS ON CITY PROGRAMS (HOUSING AND GRANTS) ITEM #30 3/19/13 Discussion of Immigration Reform (Council Initiated) ITEM #31 3/19/13 CLOSED SESSION (City Attorney)