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HomeMy WebLinkAbout2013 05-07 CC HA AGENDA PKTRON MORRISON Mayor LUIS NATIVIDAD Vice Mayor JERRY CANO Councilmember MONA RIOS Councilmember A LEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City, CA 91950 619-336-4300 Meeting agendas and minutes available on web WWW. NATIONALCITYCA. GO V AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ I COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF 1 THE CITY OF NATIONAL CITY COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, MAY 07, 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 5/7/2013 — 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 interpretacidn 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 5/7/2013 — 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 the Month of May, 2013 as: "Building Safety Month" 2. Proclaiming the Week of May 1, 2013 through May 7, 2013 as: Youth Week" 3. Proclaiming the Week of May 19, 2013 thru May 25, 2013 as: "National Public Works Week" PRESENTATIONS 4. Recognizing National City Police Sgt. David Bavencoff as Law Enforcement Officer of the Year. (Police) 5. Presentation of the National City's 125th Anniversary Quilt to the Mayor and City Council. (Community Services) 6. Presentation of the 2012 usage results of 2-1-1 San Diego by National City residents. (Fire) INTERVIEWS / APPOINTMENTS 7. Interviews and Appointments: Public Art Committee, Park, Recreation and Senior Citizen Advisory Board (PRSCAB). (City Clerk) CONSENT CALENDAR 8. Approval of the Minutes of the Adjourned Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of April 9, 2013 and the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of April 16, 2013. (City Clerk) CC/CDC Agenda 5/7/2013 — Page 4 9. Resolution of the City Council of the City of National City accepting an easement for sidewalk purposes from the property owner, Dimenstein Family Trust, over a portion of Lot 1 of Map 166, APN: 557-172-04-00, located at 1340 E. 8th street, and authorizing the recordation of the sidewalk easement. (Engineering) 10. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Fourth Amendment to the on -call Agreement with Project Professionals Corporation (PPC), increasing the not -to -exceed amount by $430,000 extending the Agreement until completion of on- going Capital Improvement Projects, but no later than October 5, 2014. (Funded by various Capital Improvement Projects) (Engineering) 11. Resolution of the City Council of the City of National City setting forth the City of National City's commitment to obesity prevention as set forth in the League of California Cities Workforce Program. (Fire) 12. Resolution of the City Council of the City of National City granting a 4-foot wide aerial easement to SDG&E for the purpose of existing overhead utility facilities at the property located at 421 W. 30th Street (Parcel No. 562-220-41). (Engineering) 13. Temporary Use Permit- Request from Granger Jr. High to use the city stage for the 9th Annual Granger Junior High Community Culture Fair on May 17, 2013. This is a co -sponsored event per Policy No. 804. (Neighborhood Services) 14. Temporary Use Permit - Lions Club 69th Annual Independence Day Carnival sponsored by the National City Host Lions Club at Kimball Park from July 3, 2013 to July 7, 2013. This is a City co -sponsored event per Council Policy No. 804. (Neighborhood Service) 15. Warrant Register #39 for the period of 03/20/13 through 03/26/13 in the amount of $153,539.62. (Finance) 16. Warrant Register #40 for the period of 03/27/13 through 04/02/13 in the amount of $2,492,100.76. (Finance) 17. Warrant Register #41 for the period of 04/03/13 through 04/09/13 in the amount of $368,091.13. (Finance) PUBLIC HEARINGS 18. Public Hearing No. 2 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 CC/CDC Agenda 5/7/2013 — Page 5 Partnerships (HOME) Program activities proposed for the 2013-2014 Action Plan (Housing and Grants) ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 19. Resolution of the City Council of the City of National City authorizing the Mayor to execute the First Amendment to the Lease by and between the City of National City and the Boys & Girls Clubs of Greater San Diego approving the new name and new exterior signage of the building located at 1430 "D" Avenue to "Boys & Girls Clubs Bob Payne Family Branch", in recognition of the donation to the Boys & Girls Club from L. Robert Payne (City Attorney) 20. Resolution of the City Council of the City of National City authorizing the Mayor to amend the City's current contract with Moynahan's Towing and A to Z Enterprises DBA Road One Towing, to increase fees per section 3.5 Re -Opener Clause - Fee Schedule. **Continued from 4/2/2013** (Police) 21. Resolution of the City Council of the City of National City authorizing the allocation of Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program entitlement funds appropriated for 2013/2014, accrued program income, and funds remaining from completed projects to CDBG and HOME activities recommended for inclusion in the 2013/2014 Annual Action Plan and authorizing the submission of said Plan to the United States Department of Housing and Urban Development. (Housing and Grants) 22. Resolution of the City Council of the City of National City supporting a reasonable and comprehensive approach to immigration reform. (City Manager) 23. Resolution of the City Council of the City of National City authorizing the City Manager to execute a Maintenance and Operating Agreement with the YMCA consistent with the primary deal points contained in the terms of the draft Maintenance and Operating Agreement to manage and operate the National City Municipal Pool and Camacho Recreation Center Located in Las Palmas Park, with the exception of specific terms. (Community Services) CC/CDC Agenda 5/7/2013 — Page 6 NEW BUSINESS 24. Temporary Use Permit - 'Every Fifteen Minutes' hosted by the National City Police Department at Sweetwater High School from May 15, 2013 to May 16, 2013. (Neighborhood Services) 25. Temporary Use Permit - 4th Annual Integrity Charter School's Jog-A-Thon hosted by Integrity Charter School at Kimball Park on May 24, 2013 from 7:30 a.m. to 11 a.m. with no waiver. (Neighborhood Services) 26. Presentation Discussion: Relocating the Public Works yard to allow the development of the Westside Infill Transit Oriented Development (WI- TOD). (Development Services) 27. Request for City Council direction on use of FY 2009-2013 San Diego Unified Port District Capital Improvement Program (CIP) funds. (Engineering) 28. Authorize the City Manager to send Letter of Opposition to Assembly Bill 5 which would establish the "Homeless Person's Bill of Rights and Fairness Act". (Community Services) 29. Scheduling a Follow-up City Council FY14 Budget and Strategic Planning Workshop. (City Manager) COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular City Council/Community Development/Housing Authority of the City of National City Meeting - Tuesday - May 21, 2013 - 6:00 p.m. - Council Chambers - National City, California. ITEM #1 5/7/13 ITEM # 5/7/13 ITEM #3 5/7/13 ITEM # 4 5/7/13 Recognizing National City Police Sgt. David Bavencoff as Law Enforcement Officer of the Year (Police) ITEM # 5/7/13 PRESENTATION OF THE NATIONAL CITY'S 125TH ANNIVERSARY QUILT TO THE MAYOR AND CITY COUNCIL (COMMUNITY SERVICES) ITEM #6 5/7/13z National City N1ay 7, 2013 Presented by: - -- John Ohanian Chief Executive Officer 1 Real People. Real Connections. Real Help. ;Visa 2-1-1 Nationally % of Population Covered' A lax by 2-1-1 in Each State ,..n.�..-, Isere Overall cowngi As of February 2013, 2-1-1 serves more than 283 million Americans (90.6%of the entire population) covering all SO states plus Washington DC and Puerto Rico j39 states plus DC and PR enjoy 10056 coverage). Y 31 Real People. Real Connections. Real Help. SA\' I)IY.l'.r) • ttARPI0NS for CHANGE 2-1-1's Community Partners [ JI 1 A Son Wept, cyan t 5 Eft •O'sntWl henvrWi BankofAaseries sh Foundaunn LEICHTAC QUUALCOMA Dow:way aw•iM MSnYPlanr Real People. Real Connections. Real Help. 9-1 -1 41. Real People. Real Connections. Real Help. I Covers 3f1 Countles 3n California .Real People. Real Connections. Real Help. LPVIeh Real People. Real Connections. Real Help. IJlena1AL 1 4/30/2013 Notable Areas of Assistance * of ro SAN DIEGO SKA$ SIONSL OL 12 •• 1_ SAN GIF(.o if E N E1' I 1 NICOi.LhIItN'1:' "AP3 V E AN •,I MILITARY d VETERAN 611VP(WI 44. Real People. Real Connections. Real Help. SA:•' me0rr 2-1-1's Disaster Response Resume • 2007 Firestorm • 2008 Flooding • 2008 Hurricanes Gustav & Ike • 2009 H1N1 • 2010 Easter Earthquake • 2010 Northern California (support provided) • 2011 Region -wide power outage • 2011 San Onofre Nuclear Plant Alert • 2012 Hurricane Sandy Dozens of smaller fires and emergencies Real People. Real Connections. Real Help. sA5 oleau 2-1-1's Disaster Volunteer Connection • Volunteer Connection • Volunteer Training • Strategic Partnerships SAN Real People. Real Connections. Real Help. 2-1-1's Disaster Response Function • Offsets non -emergency calls to 9-1-1 • 2006: 2-1-1 San Diego was approved for 24/7 dissemination of non -emergency disaster information • Provide real-time information to public safety (OES) — Needs Assessment — Rumor Control — Status of crisis • Ability to expand when needed in order to handle a large volume of public inquiries • More than 200 Disaster Response Team volunteers 11 Real People. Real Connections. Real Help. 2-1-1's Disaster Response Function Official Incident Information 211 Report. Feedback' CI`I` toofaculIncident ommand Information Alert System or Public Alerts •} Real People. Real Connections. Real Help. 7- nlll:n 2-1-1's San Diego by the Numbers • 400,000connections (in 2012) • 6,000 partnerships with service providers • 200+ languages offered • 92% customer satisfaction • 98% referrals accuracy Real People. Real Connections. Real Help. un mean 2 4/30/2013 Serving the City of National City • 5,115 calls in 2012 • 3% of 2-1-1 call volume • 8,645 referrals to residents ti Real People. Real Connections. Real Help. Top Referrals • National City Collaborative/Family Resource Center • County Health and Human Services • Maximizing Access to Advance our Communities • Jacobs and Cushman San Diego Food Bank • South Bay Community Services • Legal Aid Society of San Diego, Inc. • Feeding America • SDG&E • Catholic Charities Real People. Real Connections. Real Help. sa mec.0 p City of National City May 7, 2013 Presented by: John Ohanian Chief Executive Officer Real People. Real Connections. Real Help. Needs of National City Clients • Housing and Shelter • Employment • Food Assistance • Utilities • Community Services • Legal Services • Case and Care Management • Mental Health • Substance Abuse • Consumer Services Education Transportation 7•1_' .� Real People. Real Connections. Real Help. >.1\ niL6V Demographics of Clients from National City Ethnicity IyMrye Mcally •1. Real People. Real Connections. Real Help. P 3 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7, 2013 AGENDA ITEM NO. 7 ITEM TITLE: Interviews and Appointments: Public Art Committee, Park, Recreation and Senior Citizen Advisory Board (PRSCAB). (City Clerk) PREPARED BY: Michael R. Dalla PHONE: 619-336-4226 EXPLANATION: See attached. DEPARTMENT: City CIe��C APPROVED BY: Cy 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. Status Update Report 2. Applications BOARDS & COMMISSIONS — CURRENT VACANCIES AND EXPIRED TERMS PUBLIC ART COMMITTEE There is one unexpired term on the Public Art Committee. The following individuals have indicated a willingness to serve. Those who need to be interviewed have been asked to be present. Name Interviewed Susana Elizabeth Liston No Crystal Mercado No Natalie Limbaga** Yes Ditas Yamane** Yes PARK, RECREATION AND SENIOR CITIZEN ADVISORY BOARD (PRSCAB) The term of Katherine Wesner expired on September 30, 2012. Through an oversight, the expiration date was missed by the City Clerk. Ms Wesner has requested to be re -appointed. There are no additional applications on file at this time. Name Interviewed Katherine Wesner Incumbent ** Applicants that indicated during the interview process that they would be interested in appointment to "other Boards and Committees". CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Planning Commission Community & Police Relations Commission* (CPRC) d Public Art Committee* Library Board of Trustees _ Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Name: 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. St -Liana a e za1 27i _ �C- S AA/ Home Address: /1/41/ �opsoVe// Ave. 4oJ 4 Tel. No.:(07)-2-TcS90 7 Business Affiliation: srtiiti i - il/n'on Nis Sc#'lod/ Title: r�' c Z O r/Tea r r Business Address: U.? .0 Irve, ? /9// Tel No.7/6 V - 6S0 a Length of Residence in National City: er2W 11,6 San Diego County: ca California: rS Educational Background: i AsR6/os .Scud /�//j�-4 c5'496/ (( CS D /-•1 ,I34 VsliSS-t/rn/t) Q' -I /t/cr -a;G;, — afr f o Occupational Experience: (S r el46 %Y,4 ScIaa /athd �Zo% jeldd// _Z7-Jvcor t' j CA-@G..!)/r or (-Si.?s ailo Professional or 1'echnical Organization Memberships: C(J S i/d r7,7r — 1/ /7/e0.071-e-s" Li: /7?dao/ h7 z Sao 2 11�hy1e'- Civic or Community Experience, Membership, or Previous Public Service Appointments: �,/ o�2/Veal pP Cd/i"r/re el/17* 6r� ,lee ;4 C'fd.4. Y4.r. /r / y Experience or Special Knowledge Pertaining to Area of Interest: Have you ever been convicted of a felony crime? No:es:_ 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: S3//3 Signature: A 10 1VN011YN JO J1110 Please feel free to provide additional information or letters of endorsement. Please return completed form to: 6h ZZ �di EIQZ Office of the City Clerk Na310 ,t,110 1243 National City Blvd, National City, CA 91950 03A133311 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 A Revised: 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 S. 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 ackground check ri r to appointment. Name: RySTA'L £-CAD0 Home Address: L 0 . \11Q 1.44S'aJw1e15 4g Business Affiliation: \/o M5aoL-e n6e3 c)F` AI P Title: Business Address: LIIaSO rilCivlsPie.ec S4- SD q,-)111p Tel. No.: (A-gq-7 -3/17 iclemciPrarm M4viar Tel. No.: (on - -.f99 Length of Residence in National City: 1 :5- o San Diego County::,�d"" fs California: 8 / y+/S Educational Background: �- *r- 1 n`'vYx ±ikt, %.1.A . j rtyI A i--N re,/ \)Ui)'11 • SSN 4wa4i/ i4j i pc/ dua4t gOo1 n Occupational Experience: c riirruni+j /G 4is'�/��N,i9? QVit�,+� 0i c.ov, VuyvWlith1/ Di raGtvv , S i%444i G1r, C� 45 O hi 4 'i�K— �J V Professional or T ch�ical Organization Memberships: E �Q�MW ►Cbivt (.,(��iG.,a6,-, 1 hA 1 ?L�, 1 � !L `may �1 fC�'1/� i p r N�� L �� � /fp/y L��-f�,, ���,"� '^ � ',�-(n�� -- V L cc -lion � g551 4 Sl I' i"� W-1 iondi isso -M1 ian OF .14 CM dx i ) Ci •c or Community Experience Membership, or Previous Public Service Appointments: LoYwrnuw l` �P 9 e d- ()(; s � Experience orSpecial rKK'owledge Pertaining to Area of Interest: i CtInc c, dQ t/111v 5i Sernihav' P)bloudminislict4zo o►nd_Co D2 � Have you ever been convicted of a elony 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. Date: ' 8 13 Signa Please feel free to provide Pleas- -turn - *mpleted form to: Office of the City Clerk 1243 National City Blvd, National City, CA ormatio(ni r letters oil'WorrsementVN 30 Ill3 IC C Wd Z U83 ttoz 91950 ',119310 A110 031113o321 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 3 Revised: March 2012 Crystal Mercado, M.F.A 1842 Via Las Palmas#36 National City, CA 91950 crystal@yasandiego.org EDUCATION M.F.A. in Theatre for Youth, Arizona State University, May 2008 B.A. in Theatre, San Diego State University, Concentration in Children's Theatre, May 2005 Cal State Summer Arts at Fresno State From the Streets to the Screen: Puppets, Cameras, and Controlled Chaos, Summer 2006 WORK EXPERIENCE Young Audiences of San Diego, Residency Program Manager July 2012-present • Promoted to run all aspects of residency program from contacting and establishing goals with school officials to hiring teaching artists, and program evaluation Young Audiences of San Diego, Assistant Education Director, Spring 2008-June 2012 • Working as administrator for residency programs, liaison for teaching artists, recruiting and hiring new teaching artists, as well as leading professional development workshops. Inside Out Community Arts, Fall 2007 • Worked directly with executive and program departments in organizing and maintaining theatre -based programming, camping retreat for sixty plus middle school youth, and training high school -age mentors. THEATRE EXPERIENCE Facilitator, Playwright and Director, January -October 2012 Blackout by Opehqueh Lead a group of artists through the collaborative process of devising and producing an original play for family audiences about how technology affects our lives. Dramaturg, Derbywise by Katherine Harroff A production of Circle Circle Dot Dot, a theatre company focusing on original work inspired by local stories. Circle Circle Dot Dot Company member, 2011 Founding member, actor, stage manager, director and creator of all things puppet magic Ensemble Member and Stage Manager, Spring 2006 Somewhere Else, produced by The Tour Bus directed by Heather Stickeler. Organized a devised production that toured elementary schools in the Phoenix, AZ Teaching Artist and Stage Manager, Summer 2005 Romeo & Juliet/a produced by The Old Globe directed by Peter Webster Organized bilingual international performances with students and professional actors, coordinated rehearsals and production meetings. Director, Spring 2005 Bacon by Lisa Loomer, produced by Teatro Alto Directed a Theatre for Youth play that toured to schools in south bay San Diego Artistic Ensemble Member, Spring 2006 The New Foundations and Place Vision and Voice Collaborated with teens in a residential treatment facility to create an art installation, a media presentation and live theatrical piece. Director/Facilitator Fall 2006 Boys and Girls Club, Thunderbird Branch and Guadalupe Senior Center Lead a teenage group and senior women in Theatre for Social Change, team building activities and storytelling. We explored generation and cultural identity issues. Residency culminated in 10 minute performance and poetry/visual art showcase Stage Manager, 2008-2011 Native Voices Playwriting Retreat Coordinated week-long retreats of rigorous exploration of new plays by Native playwrights RESIDENCIES Theatre Teaching Artist -Spring 2011-present National City Theatre Youth Ensemble Designed curriculum, raised one third of funds with community members and was lead teaching artist for a twice weekly long-term theatre program for 4-6th graders, creating original plays and films about themselves and their community. Theatre Teaching Artist, Fall 2008-Spring 2011 Kearny High Theatre Club Leading an after school Theatre production club. Teaching basic acting and improv and directing students in one -act performances or improv shows twice a year. Theatre Teaching Artist, Fall 2008-to present National City In -School 2nd grade and 5th grade 6 week arts -integration residencies that also serve as professional development for the classroom teachers Theatre/Storytelling Teaching Artist, Spring 2009 Mo'olelo Neighborhood Bridges and Young Audiences of San Diego Hoover High School Lead storytelling workshops and discussions alongside AVID teacher. Program lead to an art installation displayed at the professional performance of Mo'olelo's play about the repercussions of school violence. Poetry Teaching Artist, Spring 2008 Golden Hill Elementary, Young Audiences of San Diego Residency with 2nd and 5th graders doing creative writing, poetry and spoken word Teaching Artist/Stage Manager, Summer 2007 We Are Kumeyaay, produced by Native Voices in association with Sycuan Casinos. Organized activities and rehearsals for a group of 4-12 year olds at Sycuan Indian Reservation with a culminating performance by the youth. Teaching Artist, Fall 2006, Spring 2007 21st Century artist residency at Dunbar Elementary, Phoenix Office of Arts and Culture 5 Developed lessons with 4th and 5th graders. Students used the visual arts, poetry and theatre activities to get to know their community in Phoenix, AZ. Artist in Residence, Spring 2006 Bologna Elementary, Childsplay Collaboration with teachers of grades 3-6 to enhance their curriculum through creative drama techniques. Other TEACHING EXPERIENCE Instructor, Fall 2006, Spring 2007 Puppetry with Children, Arizona State University An upper -division course designed to give education majors practical experience in the uses of puppetry within educational and social settings and develop skills in building puppets Teaching Assistant, Fall 2006 Theatre for Social Change, Arizona State University, Herberger College of Fine Arts Helped develop activities to further understand the forms of Theatre for Social Change: Image Theatre, Living Newspaper Theatre, Forum Theatre, and other interactive theatre forms that examine and combat institutional, social, cultural, interpersonal, and personal oppressions. LANGUAGES/SKILLS Fluent in English and Spanish Microsoft Office, Photoshop, InDesign, iMovie, Final Cut Pro HONORS AND AWARDS: Hispanic Scholarship Fund: McNamara Creative Arts Grant recipient Dean's List San Diego State University Dean's List Arizona State University Spring 2007 2003- 2005 2005- 2007 PROFESSIONAL PAPERS TYA, It's More than Just Black and White, 2006, AATE, Washington D. C Young Native Voices: Theatre Education at Sycuan Reservation, 2008, Atlanta, GA PROFESSIONAL MEMBERSHIPS AATE: American Alliance for Theatre and Education ASSITEJ USA: US Center for the International Association of Theater for Children and Young People. TASC: Teaching Artist Support Collaborative REFERENCES Jennifer Oliver, Associate Director at Young Audiences of San Diego Jennifer@yasandiego.org Katherine Harroff, Artistic Director of Circle Circle Dot Dot kharroff@theoldglobe.org Marisol Best, CCF 2012 Fellow and former Education and Outreach Associate at La Jolla Playhouse nundeya@hotmail.com 6 Item # 8 05/07/13 APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITYOF THE CITY OF NATIONAL CITY OF APRIL 9, 2013 AND THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF APRIL 16, 2013. (City Clerk) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT "METING DATE: May 7, 2013 AGENDA ITEM NO. 9 ITEM TITLE: Resolution of the City Council of the City of National City accepting an easement for sidewalk purposes from the property owner, Dimenstein Family Trust, over a portion of Lot 1 of Map 166, APN: 557-172-04-00, located at 1340 E. 8th Street, and authorizing the recordation of the sidewalk easement. PREPARED BY: Barby Tipton, Project Officer PHONE: 336-4385 EXPLANATION: See attached DEPARTMENT: Engineering APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ►TTACHMENTS: 1. Explanation 2. Sidewalk Easement Deed 3. Resolution Explanation: As part of the 8th Street Revitalization Project, the City of National City will be installing new sidewalk along the frontage of properties on E. 8th Street where needed. One sidewalk that needs to be installed is in front of 1340 E. 8th Street, and a portion of this new sidewalk will be on private property. In order to accomplish the sidewalk improvements, it is necessary to obtain a Sidewalk Easement from the property owner, the Dimenstein Family Trust. The property at 1340 E. 8th Street is identified as Lot 1 of Map 166, APN 557-172-04-00. The Dimenstein Family Trust granted a sidewalk easement to the City for the installation of the sidewalk. Staff recommends that City Council accept the attached sidewalk easement from the property owner, the Dimenstein Family Trust, for an easement over a portion of Lot 1 of Map 166, APN: 557-172-04-00, located at 1340 E. 8th Street as part of the 8th Street Revitalization Project and authorize the recordation of the easement. Page 1 APR-15-2013 06:32A FROM:NATIONAL CITY ENG 6193364397 TO:94206134 P.3/5 RECORDING REQUESTED BY City of National City Engineering Department 1243 National City Blvd National City, CA 91950 WHEN RECORDED, MAIL THIS DOCUMENT AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: City of National City Office of the City Clerk 1243 National City Blvd National City, CA 91950 SPACE ABOVE THIS LINE FOR RECORDER'S USE SIDEWALK EASMENT Document transfer tax is $ 0 The undersigned grantor(s) declare(s): A.P.N. $57-172-04-00 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged Dimenstein Family Trust hereby GRANT(S) to the City of National City, an easement for Sidewalk purposes as described in attached Exhibit "A" and shown on map attached Exhibit "B" Dated qpiil / // OC9 State of California) County of San Diego) S.S. 040 Signatury Qf Grantor(s) On the 1 I day of AP .\� , 2013 before melV ij N �� baft�no` tary public, personally appeared S'P t'C C` , \,MEZ-51\1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4'whose name(e5 is/aloe subscribed to the within instrument and acknowledged to me that he/s y executed the same in his/her4heir authorized capacity jen and that by his/herldreir signature(p) on the instnunent the person($ or the entity upon behalf of which the person) acted. executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. SS my hand and official seal. (This area for official notarial seal) IVINSON D. DEVADASAN COMM.#1891109 NOTARY PUBLIC•CAUFORNI4 SAN DIEGO COUNTY -i My Comm. Expires June 23,2014 v v v Ne v v v v v v • APR-15-2013 06:33121 FROM:NATIONAL CITY ENG 6193364397 TO:94208134 P.4'5 EXHIBIT "A" LEGAL DESCRIPTION SIDEWALK EASEMENT DIMENSTEIN FAMILY TRUST LAND APN 557-172-04 An Easement for sidewalk purposes over a portion of 40 acre Lot 1 in Quarter Section 132 of Rancho De La Nacion, in the City of National City, County of San Diego. State of California. according to Map thereof No. 166, filed in the office of the County Recorder of said County; being a portion granted to Sam Dimenstein and Sandra Dimenstien as co -trustees of the Dimenstein Family Trust pursuant to that certain Third Amended and Restated Declaration of Trust of the Dimenstein Family Trust dated November 9, 2009 by Correction Grant Deed recorded December 7, 2009 as Document No. 2009-0674909 of official Records, described as follows: BEGINNING at the northeast corner of said Dimenstein land being the southwest corner of the intersection of the rights of way of Eighth Street (80 feet wide) and "N" Avenue (60 feet wide); thence southerly along the westerly right of way of "N" Avenue South 17'44'00" East 10.00 feet; thence leaving said westerly right of way North 62'50'30" West 14.12 feet to the southerly right of way of Eighth Street; thence easterly along said southerly right of way North 72'03'O1" East 10.00 feet to the POINT OF BEGINNING. CONTAINING: 50.00 square feet. 0.001 acres more or less. Attached hereto is Exhibit 'B' and by reference is made a part hereof. Prepared by me or under my direction Jo ►uquette, L7566 RBF 55-100683 February 6, 2013 Page 1 of 1 -2- APR-15-2013 06:33A FROM:NATIONAL CITY ENG 6193364397 TO:94206134 P.5/5 8 O um 6gP0- UZ�N N72'03'01"E 8TH STREET BO FEET WIDE NE CORNER DIMENSTEIN LAND POINT OF BEGINNING 80.00' 10.00' 1542. APN 557-172-04 # 1 8 I OWNER: DIMENSTEIN 0 FAMILY TRUST BY DEED 2009-0674909, O.R. 1 SIDEWALK EASEMENT GRANTED 50.00 S.F. (0.001 ACRE) MAP 166 PORTION 40 ACRE LOT I Q. SEC. 132 80.00' EXHIBIT "B" DOWN m AGIQDOSUff A MAt MORMON FOR S/ OLK EASEMENT PORTION OF 40 ACRE LOT 1 QUARTER SECTION 1SZ AVAP 166 NATIONAL CITY, CA COUNTY OF SAN DIEGO 0 S17'44'00"E fl ao' 30' 30' • • ■ CONBULTIN© MOWN 8, 201J SHEET I OF I SHEET ILANNIMO l CluIOM • 11OM07RYO110N 1755 CLARSIONT IEDIA BOUEVAID, OWE VD BAN OEOO CAL!'OIMA 521144174 151AM.DDO • FA1555AIt6001 • N.MIABFA'Dm J.N. 55-101611,1 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AN EASEMENT FOR SIDEWALK AND WALL PURPOSES FROM THE PROPERTY OWNERS OVER A PORTION OF LOT 1, OF MAP 166 LOCATED AT 1340 EAST 8TH STREET, AND AUTHORIZING THE RECORDATION OF THE SIDEWALK EASEMENT WHEREAS, as part of the 8th Street Revitalization Project, the City of National City will be installing new sidewalks along the frontage of properties along East 8th Street; and WHEREAS a new sidewalk will be installed on the property located at 1340 East 8th Street, identified as Lot 1 of Map 166, APN 557-172-04-00. Property owner, the Dimenstein Family Trust, has provided a Sidewalk Easement to the City for the installation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts a Sidewalk Easement for the installation of new sidewalk from property owner, the Dimenstein Family Trust, for an easement over a portion of Lot 1 of Map 166, APN 557-172-04-00, as part of the 8th Street Revitalization Project. BE IT FURTHER RESOLVED that the City Council authorizes the recordation of the Sidewalk Easement with the San Diego County Recorder's Office. PASSED and ADOPTED this 7th day of May, 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 DATE: May 7, 2013 AGENDA ITEM NO. 10 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Fourth Amendment to the on -call Agreement with Project Professionals Corporation (PPC), increasing the not -to - exceed amount by $430,000 extending the Agreement until completion of on -going Capital Improvement Projects, but no later than October 5, 2014. (Funded by various Capital Improvement Projects) PREPARED BY: Barby Tipton, Project Officer PHONE:(619) 336-4583 EXPLANATION: See attached.. FINANCIAL STATEMENT: ACCOUNT No financial impact at this time. Funds will be encumbered on an as needed basis from allocations of CIP projects. ENVIRONMENTAL REVIEW: N/A DEPARTME Engineering APPROVED BY: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED:`72kFinance APPROVED: MIS STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: N/A TTACHMENTS: 1. Explanation 2. Fourth Amendment (3 Originals) 3. Resolution Explanation: The City and Project Professional Corporation (PPC) entered into an agreement on October 5, 2010, through the adoption of City of National City Council Resolution No. 2010-225 wherein PPC agreed to provide on -call general engineering services, construction inspections and project management services for various Capital Improvement Projects. The original contract had a not -to -exceed amount of $300,000 and was scheduled to expire on October 6, 2012, with an optional extension of one year when mutually agreed upon by parties and; The parties amended the Agreement to increase the not -to -exceed limit as follows: National City Council Resolution No. 2011- $300,000 143, adopted on July 5, 2011 National City Council Resolution No. 2012- $300,000 20, adopted on January 24, 2012 National City Council Resolution No. 2012- $300,000 187, adopted on September 4, 2012 Resolution No. 2012-187 also extended the term of the contract for one additional year, to October 6, 2013. Staff is requesting that the City Council approve a Fourth Amendment to the On -Call Agreement to allow for the completion of Project Management and Inspection services for on -going Capital Improvement Projects. On January 24, 2012, staff informed the City Council that PPC would provide most of the construction management and construction inspections needed for Capital Improvement Projects, as the other on -call engineering consultants would be responsible for project design. Currently, the City Engineering Department is managing over $30 million in "active" Capital Improvement Projects. Since October, 2010, PPC's construction management and inspection services have averaged approximately 12% of the total cost of each Capital Improvement Project. This is 5% lower than the 17% average as identified in recent California Multi -Agency CIP Benchmark studies. Staff is requesting that Council approve a Fourth Amendment to the On -Call Agreement to provide Project Management and Inspection for various Capital Improvement Projects as well as extending the Agreement until completion of various Capital Improvement Projects, but no later than October 5, 2014. FOURTH AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT PROFESSIONAL CORPORATION, INC This Amendment No. 4, to the Agreement, is entered into this 7th day of May, 2013, by and between the City of National City, a municipal corporation ("CITY"), and Project Professional Corporation, Inc. (the "CONSULTANT"). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an agreement on October 5, 2010, ("the Agreement") through the adoption of City of National City Council Resolution No. 2010-225 wherein the CONSULTANT agreed to provide on -call general engineering services, construction inspections and project management services for various Capital Improvement Projects. WHEREAS, the original contract had.a not -to -exceed amount of $300,000 and; WHEREAS, the agreement expires on October 6, 2012, with an optional extension of one year when mutually agreed upon by parties and; WHEREAS, the parties amended the Agreement to increase the not -to -exceed limit by $300,000, for a total agreement amount of $600,000 through the adoption of National City Council Resolution No. 2010-143, adopted on July 5, 2011, and; WHEREAS, the parties amended the Agreement to increase the not -to -exceed limit by $300,000 for a total agreement amount of $900,000 through the adoption of National City Council Resolution No. 2012-20 on January 24, 2012, and; WHEREAS, the parties amended the Agreement to increase the not -to -exceed amount by $300,000 for a total contract amount of $1,200,000 and extended the term of the contract for one additional year to October 6, 2013, through the adoption of National City Council Resolution No. 2012-187, on September 4, 2012, and; NOW THEREFORE, the parties hereto agree that the Agreement entered into on October 5, 2010, shall be amended increasing the not -to -exceed amount by $430,000 for a total contract amount of $1,630,000 and extend the agreement until completion of Capital Improvement Projects, but no later than October 5, 2014. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated October 5, 2010, shall remain in full force and effect. -1- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY Project Professional Corporation, Inc. By: By: Ron Morrison, Mayor Print) President/CEO APPROVED AS TO FORM: (Title) Claudia G. Silva N=me) City Attorney Leanne B. Wade (Print) CFO (Title) -2- ACCIREP 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 PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. CERTIFICATE OF LIABILITY INSURANCE DATE (MMiDDIYYYY) 4/17/2013 ORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION 4S WAIVED, subject to v,d 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 MILLIMAN INSURANCE 16516 Bernardo Center Dr #150 San Diego, CA 92128 INSURED Project Professionals Corp 656 5th Ave Ste W San Diego, CA 92101 CONTACT Sarah Darrow 7NNo,Ex0 (858) 487-9200 E ADDRESS:Isarah.mmillman@farmersagency. com INSURER(S) AFFORDING COVERAGE FAX I (NC. No): NAIC INSURER A: Sequoia Insurance Co A+ rated INSURER B INSURER C INSURER D: INSURER E : INSURER F : REVISION NUMBER: vTHIS 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. INSRY TYPE OF INSURANCE INSR W D POLICY NUMBER EFE (MM/OD/YYYY) EXP (MMIDY D/YYYY) LIMITS A GENERAL LIABILITY GENERAL LIABILITY OCCUR SBP221085-1 3/26/2013 3/26/2014 EACH OCCURRENCE $ 2,000,000 $ 300 , 000 PREMISES SES GE1O(Es ooccurrence) DCOMMERCIAL CLAIMS -MADE Ii MED EXP (Any one person) $ 10,000 $ 2,000,000 PERSONAL &ADV INJURY GENERAL AGGREGATE $ 4 , 000 , 000 GEN'L AGGREGATE LIMIT � APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 ^- POLICY 11 JE i i LOC $ A AUTOMOBILE _ LIABILITY ANYAUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS SBP221085-1 3/26/2013 3/26/2D14 COMBINED SINGLE LIMIT accident) $ 2,000,000(Ea BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAR EXCESS LIAR I OCCUR CLAIMS -MADE EACH OCCURRENCE $ i DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (M•n•rtcry In NH) If yyes describe under DESCRIPTION OF OPERATIONS Y!N N/A WC STATU- • - TORY LIMITS , ER E.L. EACH ACCIDENT $ ( 1 E.L. DISEASE - EA EMPLOYEE $ below I E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule. if more space is required) As Respects operations of named insured CERTIFICATE HOLDER CANCELLATION City Of National City Barby Tipton Contact Officer 1243 National City Blvd National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE f © 988-2010 A ORD CORPORATION. All rights reserved. ACORD25(2010105) The ACORD name and logo are registered marks of ACORD Sequoia Insurance Company Policy Number: 513Y221085-1 P.O. Box 1510, Monterey, CA 93942 Project Professionals Corp ENTERPRISE INSURANCE POLICY Effective 03/26/2013 Declaration Number 002 Policy Effective from 03/26/2013 to 03/26/2014 at 12:01 AM Local Time Mail To: CID Insurance Programs, Inc. 7125 El Cajon Blvd. Ste. #3 San Diego, CA 92115 DBA Name: Form of Business: Corporation Business Description: Engineering Consultant Insured: 91076 Project Professionals Corp 656 5th Ave Ste W San Diego, CA 92101 (619) 794-0184 Change Policy Declaration Your policy has been changed effective 03/26/2013. This change willbe referred to as Declaration Number 002. This change in your policy did not affect your premium. Premium $ 987 CA Surcharge $ 0 TOTAL $ 987 Policy Changes The following forms are added: SEQ0585 Exclusion- Construction Management Errors and Omissions SEQ1665 Exclusion- Construction and Related Activities Payment Plan: 100% Down & No Pmts Countersigned: Date: April 10, 2013 Authorized Representatives Date Printed 04/10/2013 AC-NT Lmcrprnr CoverC l-a Sequoia Insurance Company Policy Number: SBI'2211J85-I P.O. Box 1510, Monterey, CA 93942 Project Professionals Corp Effective ENTERPRISE INSURANCE POLICY 03/26/2013 Declaration Number 003 Policy Effective from 03/26/2013 to 03/26/2014 at 12:01 AM Local Time Mail To: City of National City Barby Tipton Contract Officer 1243 National City Blvd National City, CA 91950 Insured: Project Professionals Corp 656 5th Ave Ste W San Diego, CA 92101 Additional Insured Policy Declaration You are listed as an Additional Insured under this policy as per the attached. Agent: CID Insurance Programs, Inc. 7125 El Cajon Blvd. Ste. #3 San Diego, CA 92115 (619) 593-2000 NOTE: In the event of CANCELLATION of this policy for non-payment of premium, a written notice will be given to the Additional Insured ten (7.0) days prior to the effective date of cancellation. If this policy is cancelled for any other reason, a written notice will be given to the Additional Insured thirty (30) days prior to the effective date of cancellation. In the event of NON -RENEWAL of this policy, a written notice will be given to the Additional Insured sixty (60) days prior to the expiration date of the policy. Any loss is payable to the Named Insured and the Additional Insured, as their interest appears on this policy. Date Printed 04/11/2013 ADDITION T INSURED Enterri[,e DecAI-a Declaration Number: 003 ?olicy Number: S1 1'221085-1 Effective Date: 03/26/2013 Project Professionals Corp Page 2 LIABILITY DECLARATIONS Coverage Limit Liability and Medical Payment Limit - per occurrence S 2,000,000 General Aggregate Limit $ 4,000,000 Products/Completed Operations Aggregate Limit $ 4,000,000 Personal & Advertising Injury - any one person or organization Included Damage to Premises Rented to You Limit - any one fire $ 300,000 Medical Expense Limit - any one person $ 10,000 Bodily Injury and Property Damage Deductible Not Applicable Hired Auto & Non -Owned Auto Included Business Liability Classifications Location: 1 656 5th Ave Ste W, San Diego, CA 92101 Risk: 1 Engineering Consultant Class: Engineering Services Code: 5413300 Exposure: $ 30,000 Contents Limit Business Liability Coverages Location: 1 656 5th Ave Ste W, San Diego, CA 92101 Risk: 1 Engineering Consultant Form Number and Coverage: BP 0003 Business Liability Location: All Locations Risk: All Risks Form Number and Coverage: BP 0404 Hired/Non-Owned Auto SEQ 1215 Waiver of Subrogation Referenced Descriptions and Schedules Exclusion - Designated Professional Services (SEQ 0561) Excluded Designated Professional Services: Engineering Services Date Printed 04/11/201.3 ADDITIO7`_INSURED E.rteprine LiabDec-a Declaration Number: 003 Policy Number: S1 1'221U85-1 Effective Date: 03/26/2013 Project Professionals Corp Page 3 ADDITIONAL INSURED NAME ADDENDUM Additional Insured Name: Loan Number: City of National City Barby Tipton Contract Officer Date Printed 04/11/2013 ADDITION VT_, INSURED Enterpriu ThirdPurryAddendum-u 0 3 Declaration Number: 00 3 Effective Date: Policy Number: SBP221085-1 Project Professionals Corp Page 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE* Name of Person or Organization: * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Declarations. The following is added to Paragraph C. Who is an Insured in Section II — Liability: 4. Any person or organization shown in the Schedule is also an insured, but only with respect to liability arising out of your ongoing operations performed for that insured. BP 04 50 07 02 © ISO Properties, Inc., 2001 Page 1 of 1 -8- RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FOURTH AMENDMENT TO THE AGREEMENT WITH PROJECT PROFESSIONALS CORPORATION EXTENDING THE TERM OF THE AGREEMENT UNTIL COMPLETION OF ON -GOING CAPITAL IMPROVEMENT PROJECTS, BUT NO LATER THAN OCTOBER 5, 2014, FOR THE NOT TO EXCEED AMOUNT OF $430,000 TO PROVIDE ON -CALL GENERAL ENGINEERING, CONSTRUCTION INSPECTIONS, AND PROJECT MANAGEMENT SERVICES, FOR A TOTAL AGREEMENT AMOUNT OF $1,630,000 WHEREAS, on October 5, 2010, the City Council adopted Resolution No. 2010- 225, approving a two-year Agreement with Project Professionals Corporation to provide on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects for a not to exceed amount of $300,000; and WHEREAS, on July 5, 2011, the City Council adopted Resolution No. 2011-143, approving the First Amendment to the Agreement increasing the not to exceed amount an additional $300,000, for a total Agreement amount of $600,000; and WHEREAS, on January 24, 2012, the City Council adopted Resolution No. 2012- 20, approving the Second Amendment to the Agreement, increasing the not to exceed amount an additional $300,000, for a total Agreement amount of $900,000; and WHEREAS, on September 4, 2012, the City Council adopted Resolution No. 2012-187, approving the Third Amendment to the Agreement, extending the term of the Agreement for one additional year for the not to exceed amount of $300,000, for a total Agreement amount of $1,200,000; and WHEREAS, to continue timely completion of Capital Improvement Projects, the parties desire to extend the term of the Agreement until completion of the on -going Capital Improvement Projects, but no later than October 5, 2014, for the not to exceed amount of $430,000, for a total Agreement amount of $1,630,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Fourth Amendment to the Agreement with Project Professionals Corporation, extending the term of the Agreement until completion of on -going Capital Improvement Projects, but no later than October 5, 2014, for the not to exceed amount of $430,000, for a total Agreement amount of $1,630,000. Said Fourth Amendment to the Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of May, 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: May 7, 2013 AGENDA ITEM NO. 4 ITEM TITLE: Resolution of the City Council of the City of National City setting forth the City of National City's commitment to obesity prevention. (Fire) PREPARED BY: Walter Amedee PHONE: 1619-336-4550 EXPLANATION: DEPARTMENT: Fire APPROVED BY: Cities and their residents face increased health care costs and diminished quality of life due to the epidemic of obesity and overweight. City leaders across California are addressing the crisis by implementing land use and employee policies which encourage physical activity and nutritious eating. League of California Cities led the way with a resolution in 2004 which encouraged cities to embrace policies that promote healthier lifestyles and communities. Two years later, the League adopted a resolution to work together with the Institute for Local Government, and the Cities Counties and Schools Partnership to develop a clearinghouse of information that cities can use to promote wellness policies and healthier cities. The Healthy Eating Active Living Cities Campaign grew out of these resolutions and is a partnership of the California Center for Public Health Advocacy and the League of California Cities. The League of California Cites' League Partner program is launching the second tier of its Cities for Workforce Health program. The program seeks to provide low and no cost assistance to cities that are looking to create and foster employee wellness programs. Cities across the state have begun to engage in the program through the tier 1 introductory webinar and Ohave been completing the criteria necessary to move into the next stage of the program. Tier 2 consists of a series of onthly (April -August 2013) educational webinars focusing on leadership engagement, program assessment and evaluation, program design, policy and environment changes and employee engagement. Cities that participate in Tier 2 will be eligible to apply for $5,000 in program support grants as a part of Tier 3 (due to launch in the fall of 2013). FINANCIAL STATEMENT: APPROVED: '11/6 Finance ACCOUNT NO. APPROVED: MIS Minor impact; the program seeks to provide low and no cost assistance to cities. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: !Staff recommends the City Council direct staff to participate in Tier 2 of the Workforce Health Program and set forth the City of National City's commitment to obesity prevention. BOARD / COMMISSION RECOMMENDATION: ,TTACHMENTS: Resolution RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SETTING FORTH THE CITY OF NATIONAL CITY'S COMMITMENT TO OBESITY PREVENTION WHEREAS, in 2004, the League of California Cities adopted an Annual Conference resolution to encourage cities to embrace policies that facilitate activities to promote healthier lifestyles and communities, including healthy diet and nutrition, and adoption of city design and planning principles that enable citizens of all ages and abilities to undertake exercise; and WHEREAS, the League of California Cities has a strategic goal to promote and develop safe and healthy cities; and WHEREAS, in July 2010, the League of California Board of Directors resolved to partner with and support the national Let's Move Campaign, and encourages California cities to adopt preventative measures to fight obesity; and WHEREAS, on November 18, 2011, the League of CA Cities Board of Directors unanimously voted to encourage 100% board participation in the HEAL Cities Campaign; and WHEREAS, more than half of California's adults are overweight or obese, and therefore at risk for many chronic conditions, including diabetes, heart disease, cancer, arthritis, stroke, and, hypertension; and WHEREAS, one in four youth between the ages of 9 and 16 in Califomia is overweight, including 35.2% of 2,518 students tested in 5`h, 7th, and 9th grades are overweight in National City; and WHEREAS, more children are being diagnosed with diseases linked to overweight and obesity previously seen only in adults, such as Type 2 diabetes and heart disease; and WHEREAS, the current generation of children are expected to have shorter lives than their parents due to the consequences of obesity; and WHEREAS, obesity takes a tremendous toll on the health and productivity of all Californians; and WHEREAS, the annual cost to California —in medical bills, workers compensation and lost productivity —for overweight, obesity, and physical inactivity exceeds $41 billion; and WHEREAS, teens and adults who consume one or more sodas or sugar sweetened beverages per day are more likely to be overweight or obese; and WHEREAS, by supporting the health of residents and the local workforce would decrease chronic disease and health care costs and increase productivity; and NOW, THEREFORE, LET IT BE RESOLVED that the City Council of the City of National City hereby recognizes that obesity is a serious public health threat to the health and wellbeing of adults, children, and families in the City of National City. While individual lifestyle Resolution No. 2013 — Page Two May 7, 2013 changes are necessary, individual effort alone is insufficient to combat obesity's rising tide. Significant societal and environmental changes are needed to support individual efforts to make healthier choices. To that end, the City of National City adopts this Healthy Eating Active Living resolution: I. Built Environment BE IT FURTHER RESOLVED that the City of National City planners, engineers, park and recreation department, community economic and redevelopment personnel responsible for the design and construction of parks, neighborhoods, streets, and business areas, should make every effort to: • Prioritize capital improvements projects to increase the opportunities for physical activity; • Plan and construct a built environment that encourages walking, biking and other forms of physical activity; • Address walking and biking connectivity between residential neighborhoods and schools, parks, recreational resources, and retail; • Expand community access to indoor and outdoor public facilities through joint use agreements with schools and/or other partners; • Revise comprehensive plans and zoning ordinances to increase opportunities for physical activity wherever and whenever possible, including complete streets policies, compact, mixed -use and transit -oriented development; • Include health goals and policies related to physical activity in the general plan update and specific area plans; • Build incentives for development project proposals to demonstrate favorable impact on resident and employee physical activity; andf • Examine racial, ethnic, and socio-economic disparities in access to healthy foods and physical activity facilities or resources and adopt strategies to remedy these inequities. II. Employee Wellness BE IT FURTHER RESOLVED that in order to promote wellness within the City of National City, and to set an example for other businesses, the City of National City pledges to adopt and implement an employee wellness policy that will: • Offer employee health incentives for healthy eating and physical activity; • Establish physical activity breaks for meetings over one hour in length; • Accommodate breastfeeding employees upon their return to work; • Encourage walking meetings and use of stairways; • Set nutrition standards for vending machines located in city owned or leased locations; and • Set nutrition standards for food offered at city events, city sponsored meetings, served at city facilities and city concessions, and city programs. Resolution No. 2013 — Page Three May 7, 2013 III. Healthy Food Access BE IT FURTHER RESOLVED that the City of National City planners, community economic and redevelopment personnel responsible for the design of parks, neighborhoods, streets, and business areas, should make every effort to: • Facilitate the siting of new grocery stores, community gardens and farmers markets in underserved communities to increase access to healthy food, including fresh fruits and vegetables; • Revise comprehensive plans and zoning ordinances to increase opportunities for access to health foods wherever and whenever possible, including prioritizing healthy food retail in compact, mixed -use and transit -oriented development policies, proposals and projects; • Include health goals and policies related to access to healthy food in the general plan update; • Build incentives for development project proposals to increase access to healthy foods by residents and employees; and • Examine racial, ethnic, and socio-economic disparities in access to healthy foods and adopt strategies to remedy these inequities. IV. Implementation BE IT FURTHER RESOLVED that the head of each affected department should report back to the City Council annually regarding steps taken to implement the Resolution, additional steps planned, and any desired actions that would need to be taken by the City Council. PASSED and ADOPTED this 7th day of May, 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 "1EETING DATE: May 7, 2013 AGENDA ITEM NO. 12 ITEM TITLE: Resolution of the City Council of the City of National City granting a 4-foot wide Aerial, Easement to SDG&E for the purpose of existing overhead utility facilities at the property located at 421 W. 30th Street (Parcel No. 562-220-41). Vike- PREPARED BY: Barby Tipton, Project Officer PHONE: 336-4385 EXPLANATION: See attached DEPARTMENT: Engineering APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A 1TTAC H MEN TS: 1. Explanation 2. Aerial Easement Deed 3. Resolution Explanation: By Resolution No. 2011-149, the City Council approved vacating portions of Lots 33 & 34 and a portion of 29th Street of Bahia Vista, according to Map thereof No. 1815, filed in the office of the San Diego County Recorder. The land, now Parcel No. 562-220-41, is located at 421 W. 30th Street in National City. On August 2, 2011, the "Order of Vacation", was recorded with the San Diego County Recorder's office. San Diego Gas & Electric (SDG&E) has requested a 4-foot wide Aerial Easement for the existing overhead facilities that cross the property. This easement is required to allow SDG&E to aerially cross City property to facilitate power to the new billboard. Staff recommends that Council approve this easement. SDG&E has requested and shall pay for the recordation. Recording Requested by San Diego Gas & Electric Company When recorded, mail to: San Diego Gas & Electric Company 8335 Century Park Court, Suite 100 San Diego, CA 92123-1569 Attn: Real Estate Records - CP11D Project No.: Const. No.: A.P.N.: Sketch No.: 350549-010 Service 562-220-41 OS-15217 SPACE ABOVE FOR RECORDER'S USE Transfer Tax None SAN DIEGO GAS & ELECTRIC COMPANY AERIAL EASEMENT THE CITY OF NATIONAL CITY, A MUNICIPAL CORPORATION, (Grantor), grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation (Grantee), an easement and right of way in, upon, over and across the lands hereinafter described, to erect, construct, reconstruct, replace, repair, maintain and use suspended wires and/or cables with all necessary appurtenances for use in connection therewith as Grantee may now or hereafter deem convenient or necessary, together with the right of ingress and egress to, from and along this easement in, upon, over and across the hereinafter described lands. Grantee further has the right but not the duty to clear and keep this easement clear from explosives, buildings, structures and materials. The property in which this easement and right of way is hereby granted is situated in the County of San Diego, State of California, described as follows: That portion of 30s' Street, Fast of Interstate 5 and the Railroad Right of Way, now vacated and closed to public use by Resolution No. 2011-149 in the City of National City, delineated on Exhibit "A" and shown on Exhibit "B" on "Order of Vacation" recorded August 2, 2011 at Document No. 2011- 0392875 of Official Records of said County of San Diego, being a portions of Lots 33 & 34 and a portion of 29T Street of Bahia Vista, according to Map thereof No. 1815, filed in the Office of the County Recorder of said County of San Diego. The easement in the aforesaid lands shall be 4.00 feet in width, being 2.00 feet on each side of the center line of the facilities to be installed, the approximate location being shown and delineated as "UTILITY FACILITIES" on the Exhibit "A", attached hereto and made a part :hereof. Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed, any building or other structure, plant any tree, drill or dig any well, within this easement. s:land:data:lraforms:dis7lbutioneasemente:ESMT aerial long.doc -1- 8004753 9//97 REV. 02/01 Rev. 1 Grantor, shall not increase or decrease the ground surface elevations within this easement after installation of Grantee's facilities, without prior written consent of Grantee, which consent shall not unreasonably be withheld. Grantor further grants to Grantee the right to assign any or all of the rights granted in this easement in whole or in part to other companies providing utility or communication facilities/services. Grantee shall have the right but not the duty, to trim or remove trees and brush along or adjacent to this easement and remove roots from within this easement whenever Grantee deems it necessary. Said right shall not relieve Grantor of the duty as owner to trim or remove trees and brush to prevent danger or hazard to property or persons. The legal description for this easement was prepared by San Diego Gas & Electric Company pursuant to Section 8730 of the Business and Professions Code, State of California. This easement shall be binding upon and inure to the benefit of successors, heirs, executors, administrators, permittees, licensees, agents or assigns of Grantor and Grantee. IN WITNESS WHEREOF, Grantor executed this instrument this day of , 20 . THE CITY OF NATIONAL CITY, A MUNICIPAL CORPORATION BY: NAME: TITLE: BY: (print name) NAME: TITLE: Drawn: C. Echeverria Checked: Date: 04/18/ (print name) s:landdata:baforms:distrlbalion easements:ESM7'aerial long.doc 800475S 9//97 REV. 02/01 Rev. 1 STA I'h OF CALIFORNIA COUNTY OF )SS. On , before me (name, title of officer), appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature s:land:data:lraforms:dlstr/bulioneasements:ESMTaerial long.doc -3- 800475S 9//97 REV. 02/o1 Rev. I UTILITY 1562 Tj VACATION 2, 2011 FACILITIES EXHIBIT ` 22 & OF AUGUST 2011-0392875 P839732 PROPOSED \ BILLBOARD OWNER: CITY OF NAAONAL CITY APN 562-220-41 r I 0 a b O.H.E. 30th BAHIA MAP POR. POR. "A" STREET VISTA NO. 1815 LOTS 33 & 34 OF 29TH STREET REF. ORDER REC. DOC. SAN DIEGO GAS Se ELECTRIC SAN DIEGO. CALIFORNIA ORIGINATOR:_ Rivers OK TO INSTALL: PROJECT NO. 350549-010 SURVEYED BY: NONE R/W OK: 421 W. 30th Street National City CONST. NO. Service Order DRAWN BY: Echeverria DATE: DATE: 04/18/13 THOS. BROS. 1309—H4 DRAWING NO. OS-15217 SCALE: NONE NO. SUPPLEMENTS DATE: BY APP'D RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GRANTING A 4-FOOT WIDE AERIAL EASEMENT TO SDG&E TO THE EXISTING OVERHEAD UTILITY FACILITIES AT THE PROPERTY LOCATED AT 421 WEST 30TH STREET TO FACILITATE ELECTRIC POWER TO THE CITY'S NEW DIGITAL SIGN WHEREAS, on July 5, 2011, the City Council adopted Resolution No. 2011-149, which approved vacating portions of Lots 33 and 34, and a portion of 29th Street of Bahia Vista, according to Map No. 1815, filed in the San Diego County Recorder; and WHEREAS, the address location for this property is currently 421 West 30th Street; and WHEREAS, the Order of Vacation was recorded with the San Diego County Recorder on August 2, 2011; and WHEREAS, SDG&E has requested a 4-foot wide Aerial Easement for the existing overhead facilities that cross the property to allow SDG&E to aerially cross City property to facilitate power to the City's new digital sign. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby grants a 4-foot wide Aerial Easement to SDG&E to the existing overhead utility facilities at the property located at 421 West 30th Street to facilitate electric power to the City's new digital sign. PASSED and ADOPTED this 7th day of May, 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: May 7, 2013 AGENDA ITEM NO. 13 ITEM TITLE: TEMPORARY USE PERMIT — Request from Granger Jr. High to use the city stage for the 9t Annual Granger Junior High Community Culture Fair on May 17, 2013. This is a co -sponsored event per Policy No. 804. PREPARED BY: Vianey Rolon DEPARTMENT: N PHONE: (619) 336-4364 APPROVED BY: EXPLANATION: This is a: request from Granger Jr. High to use the city stage at the 9TH Annual Grange Culture Fair on May 17, 2013 from 4pm to 7pm. Services Division High Community. This event will include food booths, an information & community booth, activity areas and inflatable rides. The mobile stage will be used to showcase the school band and students performing on campus. No street closures are required as this event will be held entirely on campus. Security will be provided by the school and NCPD Police SRO's. This is a yearly event and National City Co -Sponsored event per City Council Policy # 804. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The City has incurred $237.00 for processing the TUP through various City departments, plus $745.28 for Public Works. Total fees are $982.28 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. This is a co -sponsored event per Policy No. 804 eligible for a maximum of $1,000.00 fee waiver. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 4pplication for a Temporary Use Permit with recommended approvals and conditions of approval. :., . of Event•. _ Public Concert ` Fair Parade, Demonstration Motlon.Picture -Grand Opening Event Title: Event Location: Event Date(s): From Actual Event Hours: ; am o Total Anticipated Attendance: Setup/assembly/construction Date: Please describe the scope of ® ur setup/ Festival } Community vent Circus - Block Party Other Dismantle Date., Completion Time: • , T+D L) am List an streets� requiri closure as a result of this , event. Include street name(S), day y -and time of. closing and day and time :of reopening... . Sponsoring Organization: Chief Officer of Organiza� (Name) Daytime Phone: (j' Fax: 01. /41� -tob3sE-Mail ,i t Contact Person "on site" day of event:If Celhilar 14) V55-%Sfv_. 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 ; _ �NOO Are admission; entry,' vendor, or participant fees required?Y NO' If Y. pleas explain th e purpose and p vide amount(sl: rat -ffe 6°,"4`4"y $ Estimated Gross Receipts including ticket, product and sponsorship .sales from this event. .� DO O Estimated Expenses for this event. $ 3 ►00o; What is theprojectedamount of revenue that the Nonprofit Organization will receive as a result of this event? •Please provide a DETAILED DESCRIPTION of;your event. hcl,ude details regarding any components of your event such es the use of vehicles, animals,' rides or.any;other pertinent inforrriation aboutthe event. YES NO If the event involves the sale of cars,will'the oars come exclusively from National City car dealers? If NO, list any addition 1 d alers involved in the sale: (iG' I j AVO/U(d� YES. NO :goes the event involve the sale or, use of alcoholic beverages? YES'✓O vliilt iterhs Cr 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 at: 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 :1 0 Does the event involve the use of tents or canopies?. If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES NO Will the event involve t of t e Gay or your stage or PA system? SPECIFY. In addition to the.'route map required above, Please attach a dlagramshowing:the overall layout and set -Up locations for. the. following items:`. Alcoholic and Nonalcoholic Concession and/or Beer.Garden areas. Fooatd Concession and/or Food Preparation areas Please describe how food will be, served the, event, ff you intend to cook food in the event area please specify the method;. _ GAS �ELEC fR}C, Ct-lARCOAL •• OTfl (Specify): ( Portable and/or Permanent Toilet Facilities Number of portabte"tollets: : (1 for every 250•peapie is required, unless. the applicant can ,;__shove: that there are facult• ies inthe immediate area available to the public during tria'event) ,Tables # and Chairs,# •_FeriOlh4,.,barriera'enditir,barricadee Generator locations and/or source of electricity , Canopies or tent locations (include1ent/canopy dlniensions)• Booths, exhi its, displays or enclosures; Scaffolding, bleachers; platforrtis, stages; grandstands or related•structures<. Vehiclesand fgr trailers Otherrelated :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 3narnediately upon conclusion -of the event the area must be returned to a Clean condition.)." Number of trash: cans: Trasircontainers 'with lids' Describe your plan for clean-up andremoval of waste and garbage during and after the event Please desi•bour procedures ��L th:Crow t�rroll and Internal Security: /11 • G� YESO Have you hired any .Professional :Security organization to handle security arrangements for this,event? tf YES, please list:. Security Organization: Security, Organization Address: Security Director (Name): Phone YES 1NO is this a night event? If YES', please state how theevent and surrounding area will be .illuminated to ensure safety of the participants and spectators. Plea e indic tea 0.. what arrangement you have made for providing .I irst AStaffing a E uipme t: t-t, I r• t in,�l Cetk- Pi e.de ribe y 'u Aceessibiiity P for' access at.yQur even yin tfvidualsnal isabil' es; c.r. t' e . t�iy� 'Z: r Lj�c'e "a-6c-e• r o- P o e provide a de sled desc ption of your P Kt G gim me i � z �` tam r �. ono Pi s&deseQbe o[ir plan r 1SA131_ PARKING; 1n5J Please describe{your, p to, notify ail rest r s, b sine es anp ch%�rc�� impacted by the event C'" 1 n`'re'" 41' jn rs ;xkGw/p4s/ L.�. r Ago( 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 musk. Number of Stages; Number of Bands: 1 Type of Music: S.C:M YES NO Will sound;ampl fication be used? If YES, please indicate: Start time: amI) Finish Time am YES ✓ Nei WiII sound checks be conducted prior to the event? It YES, please indicate;. Start lima. amfpl'n Finish Time am/pn, Please describe the sound ipment at will be u d for your>event: S.�+c�cu� ( rowtt�rsjc: NO Fireworks, rockets, or other pyrotechnics? if YES, please describe: YES NO Any signs; banners, decorations, special lighting? If YES, please describe: :ityr of latI�onal PUB.3LIC'PROPERTY: USE HOLD HARMLESS. AI D; INDEMNIFICATION AGREEMENT Persons requesting; use of City property, facilities or personnel are required to provide a minimum`of $1,000,000 combined single limitinsura.nce 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 ofinsurance must be attached to this perm t.. Organization, Person in Charge of Activity Address Tetephon alb'l + �r -3 0 (3- ate(s) of Use HOLD HARMLESS AGREEMENT As a ;condrtron.of• the issuance of a temporary use permit to conduct its activities on public or private, property, the undersigried hereby agree(S) to defend, indemnify arid hold harmless the City of National City and the Parking,Authbrity and its officers, employees' and agents from and againstany and all claims, demands, costs, Io`ases, liability or, for any personal injury, death dr property damage, or both, or, any litigation and other Iiability; including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken udder the permit by the permittee or its agents, ernployees or contractors. s • Ir- • Applicant Iba1 -/3 For Office Use Only Certificate of insurance Approved Date CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING. ORGANIZATION: Granger Jr. High School EVENT: Granger Community Culture Fair DATE OF EVENT: May 17, 2013 TIME OF EVENT: 4 p.m. — 7 p.m. APPROVALS: DEVELOPMENT SERVICES COMMUNITY SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY NEIGHBORHOOD SERVICES YES [ x ] NO [ ; ] SEE CONDITIONS [ x] YES [ x. ] NO [ ] SEE CONDITIONS [ x ] YES [ x ] NO [ ] SEE CONDITIONS [ x ], YES [ x ] NO [ ] SEE CONDITIONS [ x ] YES [ x ] NO [ ] SEE CONDITIONS [ ] YES [ x ] NO [ ] SEE CONDITIONS [ x ] YES [ x ] NO [ ] SEE CONDITIONS [;x YES [ x ] NO [, ] SEE CONDITIONS [ x ] YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: PUBLIC WORKS (619) 336-4590 Street Division: No involvement. Facilities Division: No involvement by custodial or trade personnel. Parks Division: The cost for the standard size stage (13x28) set up is $372.64 $372.64 for a total of $745.28. Park staff will deliver the stage at 6:00 am on Friday, May 17, the event on the 17th. Fees Unless waived by the City Council, the applicant shall pay associated with this permit. (Acct #105-442-000-102) and break down is and pick it up after $745.28 for costs FIRE (619) 336-4554 No Fees or Inspection Required 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. Fire Department access into and through the booth areas are to be. maintained at all times. Fire apparatus access roads shall :havean unobstructed width of not less than 20 feet and an unobstructedvertical clearance of not less than 13 feet 6 inches. Fire Hydrants shall not be blocked or obstructed. Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). Provide a 2A:1 OBC fire extinguisher in display areas . Extinguishers to be mounted in a visible location between 3110 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance: Please see attached example If tents or canopies are used, tents having an areain excess. of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A tenfeet 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. Approval from the National. City Fire Department Is required to cook under tents or canopies. Please contact the National City Fire Department for direction: Canopies: Tents 0 - 400 sf $.0 401 - 500 sf - $250.00 501'- 600 sf - $300.00 601 - 700 sf $400.00 0 -200 sf - : $200.00 201 - (+) sf - $400.00 10) Any electrical. power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 11) First Aid will be provided by organization DEVELOPMENT SERVICES (619).•336-4318 Speaker face away from neighboring residential properties COMMUNITY SERVICES No comments RISK MANAGER 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 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 The Granger Jr. High School event will have 2 officers, some reserves, and explorers as a . part of our city to schools MOU. Again, we don't anticipate any need for any extra services NEIGHBORHOOD SERVICES No stipulations /0 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7, 2013 AGENDA ITEM NO. 14 ITEM TITLE: Temporary Use Permit — Lions Club 69th Annual Independence Day Carnival sponsored by the National City Host Lions Club at Kimball Park from July 3, 2013 to July 7, 2013. This is a City co- sponsored event per Council Policy No. 804. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neighborhood S. Iyices Division APPROVED BY: This is a request from the National City Host Lions Club to conduct the 69th Annual Independence Day t:a'I°nival at Kimball Park from July 3, 2013 to July 7, 2013. The carnival's hours are as follows: July 3 from 5pm to 11 pm, July 4 from 12pm to 12am, July 5'n from 5pm to 11 pm, and July 6th from 1pm to 11 pm, and July 7th from 1 pm to 11 pm. The carnival will include carnival rides, games, food booths, talent show, watermelon eating contest, youth activities, community displays, and a fireworks show display. Bands and other amateur and professional entertainment will be present. The applicant requests the use of the City's stage for the carnival and the PA system. Applicant has requested to close D Avenue from 12'h Street to the entrance to the park's parking lot. Closure will be from 6:00 a.m. Monday, July 1, 2013 to 4:00 p.m. Tuesday, July 8, 2013. This event is a National City Co -Sponsored event (Council Policy #804) and is eligible for a maximum fee reduction of $1,000.00. However, since this is a five-day long City -sponsored event, it is eligible and appropriate to consider a $1000/day or $5,000 reduction. In the past, the City used this procedure for this event. FINANCIAL STATEMENT: ACCOUNT NO. The City has incurred $237.00 for processing Public Works, and $2,272.31for PD. This is a each day of the event, Total Fees are $19. 569.89 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: APPROVED: Finance APPROVED: MIS the TUP, plus $1,104.00 for the Fire Permits and $17,060.58 for co -sponsored event eligible for a $1000.00 co-sponsor credit for FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and approve the waiver of fees in the amount of $5,000.00, as was granted for last year's event. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: kpplication for a Temporary Use Permit with recommended approvals and conditions of approval. • ve i't tie National City Host Uons Club Annual Independence Day Gamival Event Location:. Krtnbafl Path, 12'" and;D Avenue Evers# C a (s): From 07103/201'3,to 0710712013n' Actuai [wen# Mputs" Wed July .S, 5 ©0pm to 1'9rfl0pm Thtus July 4, 12 00pin td 12:00am, Fri July 6 500pmT. to 11 pm. Saf July 6, to f1 00pm, un July 7,;1,00pmto 11:O0pm "Total Atticipalecl Attendanca ,000 Partlolpints 20,i30b Spectators„ Settiph'assembly/construction pate„Start time 07 0.0am • Please ;describe the scx pe of ytyur setup/assembly work.(specific details) .Set up tarfiiv*l rides and,boothis set-up food and'dell booths. move• in stage, set-ua and fence.off fireworks area move in 40vd dumteosrs•. and oort-a-potties. Set UD'for Miss N�borial Cit/ Pageant• Cr Mar Date::Sun, July 7,12:30am `Completion Time Tue, July 9, 400prtr List anl� street(s) requiring closure as a result of this event include street name(s), day'and of ., eed to cclosing,and day and titre of regpenin . We will dD Avenue from 12 streetto She entrant e to the Park pariting lot.Closure will tiletime from 6 tl0am Man .Ju 1 2013•to A 00 JIV Tues $ 201 p(nso ring Olga 4041ora I�?atio l Ci#y. Host i ions +Club • Cie f C! ter ci Organ nation (Name) • ^.: Brian Clapper Applicnnt (Na ) Vme6iit Reynolds Address: 1243 Manchester Strut, National City, CA 91950 Day i n (6i 9 ) 962 756 Evening Phone ( 619..) 479.-�8165 `Contact Pensora,`Pon site"' day of the event Braa n C Cellular 6.19-962-9950 NOTEi THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION: OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY O.FFiCIALS. nomminnommummilimminimmirmommin • , • • • : • . • . . • „ , • , • . „ , ••• -eidi'llatiOn';'etftry.tiendOt . ...• • - . •or • •.„.", on? icipant fees required? '.• If Ygk:VeaSeeXOlajn',;f2)e.AtiitrOOS0,*0.401;00P..'0111041.nt(S):;,i' • • .• • „ ,• . • • . " • • - • ic.";'peotSO4pc,p,t!7.sorrip.3,p::ffCrtl.. . „. • ,, • -1: Organzation wi� receives 8 result of this event? ENT' . , : ,.-1:*,040.170;00.'10gT*ILE.0.04cRiotiQN of your Ove.iii. Iti.ii.'4c16:$1t04 , rivorcifpgany cotopo.Fiont:*•'ofy9ut..Ovent suchas:the use of vetliO10,$;,apireals, • ' . 1 • . ,-. 0(10.S''f*.artY.OtttOt.Oitirte*lrlfOrrriatioti about the •viEitit. : . ' :' I •, . . : . , ' : . , • „ . NatiOnaltitv Host Lions Club will abOnsortheahnuat I ndeoendenee Dav CarniVal and Fireworks in Kimball Park • • .. , . . . ... frornWedeleatiaVjuly 37 through Sunday July 7 ..pli event will include. Carnival iRIdes, ,Ca wal games Food boOtha....Pralarit show waterMelOrt aatinatontest. youth actiVitiet. Community Fwe rk.ditOlaV. Banda, And Ottitiw.arnateur and orofetSionafentertainMent: . - f• . • : ' - — :'. • : ..',.. .. ,;.., x YE,s. NO If the event involves the sale of cars, will the cars come exclusively from National City csr dealers? If NO, st any additional dealers invoNed in the sale: . •..• • ••••• • NO Does the event vo►ve'the sate or:us e b# alcohgfic beverageso �. ,NO Rfili r rniv fi`'i es'& a J.. ,Y YE$ NO w,ti the event,nvoive the use of the or Your stage or PA system?: SPECIFY' Both .;: In additior to the route map iequired'above, please attach a diag ram showin d s foaations ter the fotowing ltem5 9 9 the overall:layotit ar4d set-up Alcoholic and Nonalcoholic Concession and/or Beer Garden areas.: ootf, Concession and/or Food Preparation areas ;Please describe .how food will be: served at the event:;. tf you intend to cook food in the event area please specify the method GAS TELECTRIC' . 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 # ai'd•Chairs w,, Fencing, tamers andiat baniaades Generator Iocat)ons and/or source of electricity Canopies or tent locations .(include tent/canopy dimensions) Booths, exhibits, displays -or enclosures: Scaffolding, bleachers, platfoorri s, stages, grandstands or related structures • Vehicles and/or traUes 7" Other related event components'not covered above "" Trash containers and;dunnpsters (Note:: You must properly dispose. of waste and verbiage througtiout 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 . ; 20 . Trash. containers with lids': • 0• Describe your plan for‘ciean-up and removal of waste arid 'garbage during and after the event The NC Host Lions. Club wilt nrovideen additional 40 yd Aurnoster, and'the trash cans will be ernotfed as required; aiid after each may S or services be solo at' ran• fo• . event? If yes, please describe: NO: Does the event Involve a mov ng,route of ***Jo along streets, sidewalks or,highways.? if YES, attach a detailed ilfap of your Proposed route indicate the direction of.travei,'and Provide a .. i narrative to explain: yout route wnitsn NO Does the•event involve a fixed venue site? I'f, YES, attach a de arts imp ed by the event tgited site map. shpr�ring a!1 iO -Does the event involve the use of tents. or canopies? If YES `Numnberof tet�ticanolsies �0 ;' Sizes t0': 0"& 15' rc 1;i'. separate FiteDepartment permit. is required for tents or 1V0 TE: A • canppies. ' Plea>#a. descnbe'your pto.cedurea to bath Crowd 'Control and Internal Sec uttty Secyinty 'Fan •wlli. be by f+1CPD 'utili ina the'Senior Volunteers, and the Pohce Explot erS. NO Have you • hwed @fly Professional Secunty organization to fiaridie security rrangeiHants fOthis event?, ifY , please fist, .•" Security Organization To be detenninkt as required by securityr{lan. 'Secunty Organization Address::. Secuiity Director,(Name) Photo,' . Yl S NO Is thrs`a bight events if YfrS, oiease state how the event and surrnunding area will be illuminated to ensure safety. of the participants and' spectators: ,Park rights and lights from the carnival rides end booth , Please indicate what arrangement you have<Made for praviding FiistAid Staffing and Equipment:; We will utilize 911' if an emergency Occurs. For. minor cuts and bruises we will have first aid.kiits;at the Lions Train. and'at the Carnival Office Please describe your Accessibility Plan for access at your event byindividuals with Crisabiiities. Park grcunds.and `sidewalks. There will be (2) H/C porta-a-potties on site: in additional to Park rest rooms IC1r`;LAN MI'I+A'I Please l rovide a `detailed description of your PARKING plan: We willr+itiirze existing street and nearey public. parking. Please cescribe your plan "foi DlS!4i3LED PARKING: Wewili :itifize the handiCapoedparkma spaces at the towers and the public Parking'1 Please dlescribeyour plans to ttotify:all residents, businesses and churches impacted by the event _ Thev wall be noti pd es required NOTE;: Nelgbborhbud side/its Must be notl ted 72 hours In advance When events ate, scheduled,ln the City: parks tMere'any rnusical entertai•nment features related to yourevent? At `YES, e Sthe um nber o^f'stages;; number;of brands and type of music. Number tate Type of Music Mexican. Rock8.'RolI. -and the NC Communitv'Band a'E.gtJQ:Will sound ampiiifrcation tie used? .;If YES, ;please: indicate, Start time' ;.. ? Flnish Tlme1.1;4bpri sour d chicks ye conducted prior to theevent DES, please indicate: Start time: am/ pm Ftnish fiime 'am/pm Please'descrabe to wound. egwpnient that Will tie used for your eye © F.ireWorks rocket$, or other. pyre technics? 'If:VES: please despnt e; General •FFteworICs iiii•ot it0 ed'.bv Pvroskectaculars ns, banners, decorations,; special- lighting?- If Y S,please describe oi:.National Cif PUFRQPERTY V$E,HOL,D HARMLESS rat )I+�D:EMNIFICATION AGREEMENT perty, facilities or personnef'are required to provide a. " �Persorrs requErs#rng use pro of Ci , minimum of $1,00i3,000 coribined single limit insurance for bodily injury and property datnac wh►ch. includes the City, its officials, agents and employees named ass additional insute't and to:sign.the Hold Harmless Agreement,Certificate of insurance must pe , attachd to this perrpit t • snip Iron + lda`bn•al Citbr. i Ll s i iyb Person im Charge.of Acb~vity : 5,tian Clardoe� 'Address 113- N Belmont Street. National City: CA 9195Q' Telephone .619492.9950 Date(s) of Use ,7/1/2013 to 710/2Q13 HOLD HARMIESSAGREgMENT As a condition of the issuance of a, temporary use permit to conduct its ,activities'.on public or .private; property, the kinderSignect hereby agree(s) to defend, indemrtiiy;and hod harmless the, Oily 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 andthe 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..:`• Signatun of Applicant ••••}`--JC':L'� official Title Event Chairperson ,ForOffce;UseOnly Certificate of Insurance Approved Date IAD*: gee Bonn/maps/pFace?cid=168968382539$0334656'rq in Zal+p t � 91950 . Tb s�e,;aU tt e`;detaite that are v sable en :the ' screen„ �u5e itie "Pr'�rrt" hn1s,, tc�'thi� map ccRL,CeRtiFicATEOF LIABILITY •,11vadRANdE •-JA tortirdp.0-15-:;ssuoti.:4:._,•MoTtER'4)_!' *POW ti9N944* AP4RO*Eits .i‘,009t4114i•f=0, !'TWIt•LAi'4, TtOs. WWI 04.1*• DOES. NOT' AO! IRMATIr-14:•: OR NEGATivx0f ShiEND,C EXTEND 1:2; ALTER lor,ciovERpacAf'FoRDEp, BY POLICIES 0001:4:otoro1Ckrt010.00#40i'OciE.i. StiTIONOTOTF1.0v CONTRACT004YEEN 1HE SSVil$ ISPIRERW AlftHORilfRO avormaT: slosaipti,.11„401:01001C!WPRED, nit** pslasissEid; If .stisbairnoSS WAIVED. .ub)ect tdithi.14074**iiiiseisiiinoi:041re'iliveride,rtemant. .'15tstiment— timispes PTor,f *1,416Z,210E1 Faa 8646, AGENCY0000j00041k,*0 ' 864*688-0138 8444448;38 • it8•041:.0,LvD • - • • ,•;', • • • :40imPYtidi; PB2S517 PA8oROA':':.$611#4:0NLE wouRAN,co.FPsY.• 0+:10PA*14,040NSCEAGENOr.' ••• Pliklio#OAken7r 919se , , • , , , , , • ' . st16 TO/CeR7IrrlIAT. INbIAT.NCTWiTANDINC .caaisPicFE IAAY BE 1§0i3E0 ts0 DI rsiamsssramasnci ••• ." • ' ' . ' • CERTIFICATE NOMBE.Rr. 331922 ' - 130400-:9f ItOuR?4,4c TEE1:111w PEEN,Psuell? 101146 INSURED. ABOVE FOR ..TRE FOUPT ;PERIOD ANY IOUUEMNT rERM OR C�N0IT1CN OF NY CONTRACT oR OTHEreDOCUMENT,wiTH RESPECT to -maps NIS OR MAY ,psEaTAai, THE issatinola AFFORDED By FouctiES DESCRIBED IN iS SUBJECT:q ALL, TERM S. isS:07.0 Silos* mAr HAVE Ban stwucED,BY.P D , ' , ' T'W ' • '• 08ati2 • 0110241:3, Ea6itompatteice,-••• s, 1i000:000 ettl'00#0.4",,Lit: 1-Nrr SF** FEW:, P0lCYj:!1:47g [ *4Ut'EP' EpAl.,TpS ALL 018/14M ' • :' -OWNED : exeRi4s ••- ta.J.4184044A:6C :L.-. DED.ris.' : • • wciRkuit, VNINIKINFIOta • • AMY eitOPP41DRJPORTNEMEWUME • • ' • . , FilOdr1Acf;-Apv, INJURY • 1,000,000 $ . .1,000,000 . , . • OntiOre-,6061P/OtiAGG '8' , 1,000,000 • , . • , • • Datra„,, :1111,4:1T: polo' • i,L,6gEPER FORMCO2010 (0744)-• ' • , tiF.ERopt, ja twr4T1,0Naive,scixem4000 Ad tgOroi 1.*1#4.808d0a,If 44.1"'61. ""°) • '.*TEN DAYS NOACE OVEN C''"" EVENrfOi!NONP,Y7811:0F l'fIEM114:, • ''• •••• '• • • .•• • •• ,• • • , ,••• • • . • • •• '• BODILY Kum, Pal penal) 501)11., INJURY (Pef aCe°44) $ EL DISEASt.,EA,EIAK,OYEIE . . EL DISESE-POLICTI-PAff .S • CERTIFICATE HOLDER CITY OF NA'10Nitl, crre • 243 NATiorIAL CITY HILVD- , t4ATIOtoAL•cn-,Y • , • , , Attentlark •ACORD•26 !WOO SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCF-LLED BEFORE , f THE EXPIRATION CiATE THEREOF, NOTICE KILL SE DELIVERED 04 ACCORDANCE MTH THE POLIO( PROVISION& ' • Russell RLogan 619884010 ACORD . • Ttte ACCIRD name and logo are registered melts of ACOFt0 CORPORATIONAll tights reserved. 4°.57 • ' • • THIS DOCUMENT I{AS A TRUE UOCUC MECK' WATEEMhHK AND V:SI£LE FIBERS DISCERNIBLE ROM BOTH SIDS iago CITY OF NATIONAL clrr ill$►FVe.SS 1.iCENS PPRTIFICATE. €srnTFfl, tUR$UANEIP"GITY ORDINANCE Tti15-iigeNst15NF..RERv. RAW.TER-FORTF4E 7Ef & FRFOUS pate ofE0rcatt9h:121$112013 �.. CptLFQR NIA «* BUS pE9CRIPTION r CITY BUS'ESS 4Q E 12TN•ST BUSINESS NAME pef l.�u. MA#LING. ION T SFER# BF g POST IN A CONSPICUOUS Ft.ACE HIS DOCUMENT IS ALTEPAlION PROTECTED AND 1 LFLF ;TaRUIJORL,C,ENt F BENS UNDER UV LIGHT KEEP,FOR YOUR RECORDS - BUSINESS TAX: RECEIPT :' CITE OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APP1.#CAT[ON FOR A TEMPORARY USE PERMIT ECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATIOI Lions Club EVENT:' Annual: r dependence Day Carnival DATE OF EVENT July 3, 2013-to July,7, 201.3' APPROVAL COMMUNITYSERVICES YES [ x NO {' ] RISK MANAGER::. YES [ tc ]r No .{ ' ]` DEVELOPMENT SE-FlyICES YES [ x ] NO { ] PUBLIC WORKS YES [ x ] • NO [ - 1 FINANCE, YES [ x] FIRE YES [ x.] NO . ] POLICE YES [ x j: . NO { ]` '.CITY -ATTORNEY YES [ }' NO- [ ] SSS4ti>EIErCCONDITO.x$E=EEECOOdNDDITTlIOONNSxxxCCO1ITTTIIOONNS{[[ SEECON IIoNx 1]]CONDIT[x,c>=EEEcoNTIONSEEONS]]] . . CONDITIONS -OF APPROVAL: ``• POLICE (.619) 336 4400:' Depl�oliment "At.a Glance" The 2013•;Fourth oiJuty Camival will .run the following dates/hours: ' 1:: Wednesday, Jul 3r°f 1.700 2300;;•firs 2. Thursday, Jutyr 44 / 1200-0000, ht• 3. Fnday, :July 5 J 1700 300 hrs 4; Saturday, July 6'/ 1300-2300 hrs 5: Sunday,; July7"n/'1300 2.3.00 hrs .roposed`:Park De#ovment, WednesdaV,.Julv.3, • 16"30 2300 hfs, C Squad (Adjust to 1330-2330 hrs)'(4 Offioers%1 Sergeant) Gj T ' • (Adjust 13330 2330 t rs)(2 Offroers/1,Sergeant) NPT-li Lieutenant Thursday, Juiv` 46:' 1130-1600. hrs: 1430-2345 hrs:' • SROs •(Adjust tp 0700,1.700 hrs) (2 Officers/1 Sergeant) Motors (Adjust to 0700 1700 hrs) (2 Officers/1 Sergeant) C Squad (Adjust to 1.400000 hrs) (4 Offcers/1 Sergeant) ' CET (Adjust to 1460 0000 11r5}(2 Officerslt Sergeant) Reserves (3 5) NPT jl Lieutenant :.• Explorers . 1500-0015 hrs; 3 Ofcr.'OT.(14304,0030.hrs) (30 hrs: OT) (3`Officers) Sunday. July 7th: 1300-2300 hrs: 392 SCHEDULED;PAJD HOURS 34 OT 'HOURS REQUESTED (10"%) Friday, July 5t': 1630-2300 hrs:` C Squad , (,4dlustto 1330-233.0,hrs) (4 Offrcere/1 Sergeant) Ga=l " (Adlust to 1330-2330 hrs) (2 Officers/1 Sergeant) Reserves (1.-3). NPT-I1 Lieutenant Saturday; ;July 6111. •1230-161.5 hrs. 2 Ofcr. OT (1200,1600 hrs).(9'hrs OT) (2 Officers) 1415=00.00 hrs • G•ET'• •1400-0000hre)(2fficers/1Sergeant)T • C•Squad°(Adjust to 1400-0000. r, (4 Offjcers/1 Sergeant): Reserves (1 3) . , NPT=11 Lieutenant E Squad 6 Officers/1 Sergeant) Inaddition to adjusting officershours to work the carnival, we will have the following officers work the carnival. on OT We will have 3 officers.on July 411' for 10 hrs OT each 7 $1747.70 (using Top Step Officer OT rate). We will have 2 officers on July 6th for 4,5 hrs OT each =$524.61 (using Top Step Officer OT rate): TOTAL OVERTIME COSTS.. $2272 3i The police department will be requesting use of the recreation center building for an, Operations Command Post. The recreation center is located above the Parks and Recreation equipment rooms on the west side of.Kimball Park.: We will, also be requesting the,use of the:west parking lot at the.NC Fire.$tatjon at,343. E.1 S`' Street to.park the`Pollcel,Departments. Mobile Command,Vehicle as- a: Secondary Cbmma•ndPost: '. FIRE (61:9) 336-4550 Total fee amount for all Fire Department permits is onethousand one hundred four dollars ($1,1044 00);dbllars. Fees can only be waived by City Council Stipulations required by the Fire Department forthis event are as follows: 1) Fire Department Permit is required for the fireworks display. Permit to : be requested and all necessary information provided" to the Fire Department :a minimum of 14 days prior to the .event. ; Permit fee is five hundred two ($502.00) dollars. Fees can only be waived by the City Council. Fireworks display operations shall be under the direct supervision of a pyrotechnic operator. ' Pyrotechnic operator shall possess a valid pyrotechnic operator:ticense Minimum six hundred ($602.00) dollar after hour inspection fee is required for all Fire Safety Inspections taking place after hours, weekends and holidays. Additional hours after the first two hours shall be billed at $ 301.00.perhour If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess, of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated .with an approved State Fire Marshal seal attached:: A tenfeet 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 canopiesunless the tents or canopies meet "State Fire Marshal approval . for cooking. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable, . A permit for the projected canopies/tents shall be four hundred ($400.00) dollars. Fees can only be waived by City Council. Canopies: Tents. 0'= 400 sf - $0' 401 — 500 sf - $250.00 501 — 600`sf - $300.00 601 — 700 sf - $400.00 0—200 sf $200.00 201 — (±); sf - $400.00 All cooking booths 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 tohave a current State Fire Marshal Tag attached., 8) Provide metal cans with lidsand label "HOT. COALS ONLY" for used charcoal disposal. 9) A fire safety inspection is to be conducted by the Fire Department prior to operations of the carnival. Inspection to include all rides, cooking area, game booths, etc. 10) Fire safety inspection;` is to be conducted by the Fire Department of the designatedfireworks display area prior to display being conducted. 11) Fire Department' access into and through the booth areas are to be maintained at all times. 12) Access to Morgan and Kimball Towers to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 13) Fire Hydrants shall notbeblocked or obstructed. 14) Site map indicating access points, . booth layout, fireworks display area and fireworks fallout area is required. Fireworks contractor shall submit all California State documents necessary for fireworks demonstration Note: Total fee amount for all Fire Department permits is one thousand one hundred four dollars ($1,104.00) dollars. Fees can only be waived by City Council D.EVELOPMENI'..SERVICES 8UILDING:'No comments. PLANNING: No comments. E.NGINEERING:.No comments. PUBLIC WORKS 336-4580 Streets Division 1. Staff will barricade affected streets and remove them when the event is over 2. Staff, will post "no parking" signs along affected streets before the event. 3. The cost to provide Street personnel support for this event is estimated to be $259.45. . a. Standard FOS 6 X $32.57. _ $ 195.42 b. "No Parking„ signs 45.X $0,45 $ 20.25 c. Equipment. . 2 X.$19,09, _ $ 38.18 d. Barricades 16 X $0.35 _ $ 5.60 e. Total cost $ 259.45 Parks Division 1. " The event organizers shall provide nighttime security for the Park and City equipment for the durationof the event. 2. The event organizers shall provide a trash durnpster for the event: 3 The event organizers shall provide 20 portable toilets. 4. The cost to provide parkmaintenance; personnel for this event is estimated to be $14,801.93 • Set-up Stage 4 hrs @ .$155.25/hr, 5 staff . = $ 621.00 (Stage set up for event 4 hrs minimumregular time) • Break -down stage 4 hts @ $155:25/hr, 5 staff = $ 621.00 (Stage break dpwn 4 hrs minimum regular tirne), • Event OT hours, 233.5 hrs $46.58/hr " = $10,876.43 {Staff will work every night and day during" event) Clean regular hrs.80 hrs @ $3105/hr = $ 2,484.00 (Clean up Park on .Monday, 7/8, after event, 8 staff 10 hrs each) • Set-up on Tuesday 7-2, 5 staff 4 hrs normal hourly rate 20 hrs ($31.05) = $ 621.00 • Wednesday 7/3; 5. AM - 11;PM, 2 staff (12 hrs OT) . • Thursday 7/4, 7 AM.'- 3:3Q PM, 3 staff (25;5 hrs OT) • Thi rsday 7/4, 3:30`,PM 12 AM, 5 staff (42.5 hrs OT) Friday 7/5, .7 AM — 3:30:PM; 7 staff (59.5 hrs OT) • Friday,7/5, 3 PM - 11 PM, 2 staff (14 hrs OT) Saturday 7/6, 7 AM,— 3:30 PM, 3 staff (25.5 hts OT) %0 • Saturday 7/6, 3 30 PM — 11 PM, 3 staff (22.5 hrs OT) • Sunday 7/7, 7 AM— 3:30 PM, 2 staff (17 hrs OT) • Sunday 7/7, 3:30 PM — 11 PM,'2 staff (15 hrs OT) Facilities .Division i. The cost to provide Facilities Maintenance staff support for this event is estimated to. be $1,999.20 1. Electrician 40 hrs OT x $33.32 = $ 1,332.80 2. Plumber 20 hrs OT x $33.32 = $ .666.40 3. Total cost` . _ $ 1,999.20 Fees Unless°waived by City Council, the applicant• shall pay $17,060.58 for staff associated with:this permit requ st. This cost was estimated. as follows: . Street D vision; ' $ 259.45 (Acct #f?01-422-221 102 0000) • Parks Dii sion; `, $14,801.93(Acct #105-442-000-102-0000) ,: Facilities' Division $ 1999.20 (Acct #626-422-223-102-0000) Total: 8 i.7,060.5$•• CITY ATTORNEY Requires an indemnification and hold h'armless..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 t5y • the Risk•Manager. RISK MANAGER Applicant to provide endorsement CG'2010 naming the City of National City as an additional named insured as noted on the certificate. They will need to have their pyrotechnical folks putting on the fireworks show also add the City of National. City as an additional insured COMMUNITY SERVICES No comments. /4 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7th, 2013 AGENDA ITEM NO. 15 ITEM TITLE: Warrant Register #39 for the period of 03/20/13 through 03/26/13 in the amount of $153,539.62. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Financ PHONE: 619-336-4331 APPROVED L---1/41 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 03/20/13 through 03/26/13 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation N/A for this period FINANCIAL STATEMENT: ACCOUNT NO. N/A APPROVED: 7144, fnance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the amount of $153,539.62 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #39 PAYEE SHEPHARD, S KANE BALLMER & BERKMAN LASER SAVER INC OPPER & VARCO SWEETWATER AUTHORITY A 1 HYDRAULIC SERVICES INC AEP CALIFORNIA LLC AIRGAS WEST ALL FRESH PRODUCTS AL'S ELECTRIC MOTORS AMERICAN BACKFLOW SPECIALTIES AT&T/MCI AT&T/MCI AUSTIN DOORS BARAWED, C BEST BEST & KRIEGER LLP BRENNTAG PACIFIC INC -,ADWAY AUTO ELECTRIC SPORTS CA ASSOC OF CODE ENFORCEMENT CA ASSOC OF CODE ENFORCEMENT CA ASSOC OF CODE ENFORCEMENT CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CASA FAMILIAR CEB CHULA VISTA POLICE CLAIMS MANAGEMENT ASSOCIATES COUNTY OF SAN DIEGO COX COMMUNICATIONS DEPT OF INDUSTRIAL DILLARD, S DISCOUNT SPECIALTY CHEMICALS D-MAX ENGINEERING DOUBLETREE BY HILTON HOTEL DREW FORD ESGIL CORPORATION FALLEN OFFICERS FUND FEDEX GACITUA SILVA, C GARCIA, B --DIRGE WATERS NUTRITION CENTER RGE'S LAWN EQUIPMENT CO BUSINESS INTERIORS GOODYEAR TIRE & RUBBER COMP GRANICUS INC GTC SYSTEMS INC H M PITT LABS INC WARRANT REGISTER # 39 3/26/2013 DESCRIPTION SUBSISTENCE: DETECTIVE SYMPOSIUM 2013 LEGAL SERVICES AGREEMENT MOP 45725. INK CARTRIDGES / SEC 8 LEGAU EDUCATION VILLAGE / GENERAL WATER UTILITIES / S A WHITE ROLLER STATUR MOTOR REPLACEMENT GRAPHICS MOP 45714 MATERIALS & SUPPLIES FOOD FOR NUTRITION CENTER VORTEX IMPELLER SEWAGE PUMP PURCHASE OF GAUGES, PARTS PHONE SERVICE 2/13/13 - 3/12/13 PHONE SERVICE 2/01/13 - 2/28/13 DOOR REPAIRS SUBSISTENCE -FIELD TRAINING OFFICER UPDATE LEGAL SVCS THROUGH FEB 28, 2013 BULK CHLORINE MOP 72447 R&M AUTO EQUIPMENT TACHIKARA PORTA PUMP HOARDING: A SIMPLE LOOK AT COMPLEX DISORDER HOARDING: A SIMPLE LOOK AT COMPLEX DISORDER TUITION: HOARDING / SORIANO / NSD ELECTRONIC DOOR REPAIRS MOP 45698 ELECTRICAL MATERIAL CESAR CHAVEZ 15TH ANNUAL COMM BREAKFAST CA GOVERNMENT TORT LIABILITY 2013 SOUTH BAY GUN BUY BACK EVENT LIABILITY CLAIMS SVCS / MARCH 2013 OBSERVER SAFETY CLOTHING COX COMMUNICATIONS DATA & VIDEO REC & PLAYGROUND EQUIPMENT REIMBURSEMENT - CERT PROGRAM MEETING GOOP OFF GRAFFITI REMOVER SERVICES FOR FY 13 HOTEL RESERVATION - DREW MOP 49078 AUTO PARTS PLAN CHECK SVC FOR FIRE DEPT TUITION: SO CA GANG CONFERENCE COURIER SVCS - DRAFT HOUSING ELEMENT REIMBURSEMENT - TRAVEL, ASSOC OF SD EDUCATIONAL REIMBURSEMENT PROMOTIONAL ACTIVITIES 4 IN TAP HEAD STARTER ASSEMBLY HERMAN MILLER ERGONOMIC CHAIR MOP 72654 TIRES WEBCAST SERVICE / MIS BUILD INTERNAL CLOUD INFRASTRUCTURE LABOR, AIR SAMPLING 1/3 CHK NO DATE AMOUNT 306585 3/21/13 624.00 306586 3/26/13 4,837.50 306587 3/26/13 68.95 306588 3/26/13 747.50 306589 3/26/13 99.80 306590 3/26/13 534.48 306591 3/26/13 207.10 306592 3/26/13 440.57 306593 3/26/13 196.25 306594 3/26/13 6,495.92 306595 3/26/13 896.75 306596 3/26/13 5,463.05 306597 3/26/13 357.32 306598 3/26/13 2,924.73 306599 3/26/13 493.61 306600 3/26/13 425.50 306601 3/26/13 667.89 306602 3/26/13 245.25 306603 3/26/13 142.98 306604 3/26/13 25.00 306605 3/26/13 25.00 306606 3/26/13 25.00 306607 3/26/13 110.00 306608 3/26/13 187.92 306609 3/26/13 80.00 306610 3/26/13 189.80 306611 3/26/13 2,500.00 306612 3/26/13 4,965.00 306614 3/26/13 30.00 306615 3/26/13 3,049.70 306616 3/26/13 292.50 306617 3/26/13 53.07 306618 3/26/13 422.29 306619 3/26/13 13,727.85 306620 3/26/13 658.18 306621 3/26/13 238.92 306622 3/26/13 1,206.70 306623 3/26/13 510.00 306624 3/26/13 50.44 306625 3/26/13 356.91 306626 3/26/13 624.00 306627 3/26/13 937.50 306628 3/26/13 265.47 306629 3/26/13 765.48 306630 3/26/13 196.34 306631 3/26/13 1,477.35 306632 3/26/13 13,552.50 306633 3/26/13 850.00 PAYEE HAMILTON MEATS & PROVISIONS HYDRO SCAPE PRODUCTS INC INNOVATION PRODUCTS INC J & M KEYSTONE INC KNIGHT, J JERAULDS CAR CARE CENTER JOHN DEERE LANDSCAPES KTU&A LASER SAVER INC LEXIS NEXIS LOPEZ, T MASON'S SAW & MATERIAL SALES INC. METRO AUTO PARTS DISTRIBUTOR MUNICIPAL MAINTENANCE EQUIP NAPA AUTO PARTS NATIONAL CITY POLICE NATIONAL CITY ROTARY CLUB NATIONAL CODE NBS NITV FEDERAL SERVICES LLC ORANGE COUNTY SHERIFF'S DEPT PADRE JANITORIAL SUPPLIES INC PEACE OFFICERS RESEARCH PERRY FORD PRO BUILD PRO -EDGE KNIFE PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RED WING SHOES SAFETY KLEEN SYSTEMS INC SAN DIEGO COUNTY RECORDER SAN DIEGO GAS & ELECTRIC SAN DIEGO REGIONAL SAN DIEGO SPORTS MEDICINE SAN DIEGO TROLLEY INC SDG&E SEAPORT MEAT COMPANY SMART & FINAL SMART SOURCE OF CA LLC STAPLES ADVANTAGE STARTECH COMPUTERS SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO TAB PRODUCTS CO THOMSON WEST TOM MOYNAHAN 2/3 WARRANT REGISTER # 39 3/26/2013 DESCRIPTION CHK NO DATE AMOUNT FOOD / NUTRITION CENTER 306634 3/26/13 1,137.04 MOP 45720 PIPES, VALVES 306635 3/26/13 504.07 THERMOGRAPH TRAINING 306636 3/26/13 99.00 CARPET CLEANING, JANITORIAL 306637 3/26/13 10,000.00 REIMBURSEMENT -TRAVEL, ASSOC OF SD SPRING 306638 3/26/13 292.53 MOP 72449 R&M AUTO EQUIPMENT 306639 3/26/13 601.49 MOP 69277 PLANTING MATERIAL 306640 3/26/13 75.45 PLANNING SMART FOUNDATION 306641 3/26/13 13,340.00 MOP 45725 INK CARTRIDGES - PD 306642 3/26/13 222.77 ONLINE LEGAL RESEARCH 306643 3/26/13 427.38 TRANSLATION SERVICES FOR FY13 306644 3/26/13 210.00 MOP 45729 HORTICULTURAL ITEMS 306645 3/26/13 224.54 STEEL PLATE PRE-CUT 306646 3/26/13 100.11 MOP 75943 AUTO PARTS 306647 3/26/13 28.58 SWITCH ACTUATOR, DUMP DOOR 306649 3/26/13 21.59 MOP 45735 AUTO PARTS 306650 3/26/13 16.63 ENOUGH IS ENOUGH AWARD LUNCHEON TABLE 306651 3/26/13 250.00 MEMBERSHIP 7/11/11-6/30/12, 7/1/12-3/31/13 306652 3/26/13 1,C WORKSHOP REGISTRATION 306653 3/26/13 4 PROPOSITION COMPLIANCE ANALYSIS 306654 3/26/13 10,000.Uu TUITION: COMPUTER VOICE STRESS ANALYZER 306655 3/26/13 1,295.00 TUITION: FIELD TRAINING OFFICER UPDATE C 306656 3/26/13 55.00 JANITORIAL, HDM SUPPLIES FOR NUTRITION 306657 3/26/13 175.37 PEACE OFFICER RESEARCH / PD 306658 3/26/13 90.00 MOP 45703 AUTO PARTS 306659 3/26/13 135.86 MOP 45707 BUILDING MATERIAL 306660 3/26/13 1,097.91 KNIFE SHARPENING SERVICES 306661 3/26/13 46.00 SEWER REHAB PM 306662 3/26/13 1,830.00 MOP 45742 LAUNDRY SVC - NSD 306663 3/26/13 15.08 BROWN 2235 SAFETY FOOTWEAR 306664 3/26/13 125.00 HAZARDOUS MATERIAL REMOVAL 306667 3/26/13 1,217.49 RECORDS TRUST/FULL RECONVEYANCE 306669 3/26/13 494.00 GAS & ELECTRIC SERVICE/ NUTRITION 306670 3/26/13 1,710.29 TUITION -TEMPORARY HOLDING FACILITY TRAIN 306671 3/26/13 345.00 MED FITNESS EVAL WITH DMV 306672 3/26/13 1,269.00 TROLLEY FLAGGING SERVICES / NSD 306673 3/26/13 59.29 FACILITIES GAS & ELECTRIC 306674 3/26/13 6,692.56 FOOD FOR NUTRITION CENTER 306675 3/26/13 2,999.35 MOP 45756 MISC SUPPLIES - PD 306676 3/26/13 161.54 MOP 63845 GARAGE SALE FORMS -FINANCE 306677 3/26/13 275.83 MOP 45704 OFFICE SUPPLIES - NSD 306678 3/26/13 775.86 MOP 61744 KEYBOARD DRAWER -MIS 306679 3/26/13 36.91 TACK OIL, 3/8 SHEET & COLDMIX ASPHALTS 306680 3/26/13 E FACILITIES WATER BILL 306682 3/26/13 14,F SUPPLIES FOR NUTRITION CENTER 306683 3/26/13 1,814.56 RWALL/GROD PKT HIGH GUSS LTR 306684 3/26/13 240.04 ONLINE LEGAL RESEARCH 306685 3/26/13 1,291.26 MOP 45734 R&M AUTO EQUIPMENT 306686 3/26/13 140.00 PAYEE TURF MAKER U S BANK UNITED ROTARY BRUSH USA MOBILITY WIRELESS, INC. VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL VERIZON WIRELESS WILLY'S ELECTRONIC SUPPLY WARRANT REGISTER # 39 3/26/2013 DESCRIPTION 19-4-4 NITRA KING CREDIT CARD EXP - COMM SVCS SWEEPER REPAIRS PAGING SERVICE / MIS MOP 46453 PLUMBING MATERIAL STRAY ANIMAL VET CARE / POLICE VERIZON WIRELESS / MIS MOP 45763. ELECTRICAL SUPPLIES/ PD GRAND TOTAL 3/3 CHK NO DATE AMOUNT 306687 3/26/13 480.69 306688 3/26/13 63.00 306689 3/26/13 531.56 306690 3/26/13 84.93 306691 3/26/13 373.48 306692 3/26/13 93.00 306693 3/26/13 3.40 306694 3/26/13 249.50 A/P Total 153,539.62 $ 153,539.62 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. 114 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 1 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 76 OF MAY, 2013. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7th, 2013 AGENDA ITEM NO. 16 ITEM TITLE: Warrant Register #40 for the period of 03/27/13 through 04/02/13 in the amount of $2,492,100.76. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Fina c PHONE: 619-336-4331 APPROVED BY: 7/K EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 03/27/13 through 04/02/13 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Thrifty Oil Co 306697 95,000.00 Settlement / Thrifty Oil Co Health Net Inc 306752 62,748.45 Insurance R1192A — April 2013 Kaiser Foundation 306758 160,459.39 Insurance Active April 2013 Public Emp Ret System 306787 273,239.03 Retirement Insurance Period 3/5/13 — 3/18/13 FINANCIAL STATEMENT: ACCOUNT NO. N/A APPROVED: Llikkge, Finance APPROVED: 11 MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the amount of $2,492,100.76 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #40 PAYEE DOKKEN ENGINEERING SAKAMOTO, C THRIFTY OIL CO., A CALIF. CORP THRIFTY OIL CO., A CALIF. CORP CHRISTENSEN & SPATH LLP HAPPY SOFTWARE INC SDG&E ABCANA INDUSTRIES ACEDO, I AFLAC ALLEN, R AMERICAN BACKFLOW SPECIALTIES ANDERSON, E ASSI SECURITY INC BARRETT ENGINEERED PUMPS INC BEARD, P BECK, L R!SHOP, R 'CKIE'S TROPHIES AND AWARDS . GLER, C BOOT WORLD BOYD, P BPI PLUMBING BRENNTAG PACIFIC INC CAPF CA PROPERTY SPECIALISTS INC CALIFORNIA LAW ENFORCEMENT CEB CHRISTENSEN & SPATH LLP CITY OF SAN DIEGO CITY OF SAN DIEGO CONDON, D CORPUZ, T COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO DANESHFAR, Z DANIELS TIRE SERVICE DATA TICKET INC DAY WIRELESS SYSTEMS (20) DELTA CARE USA DELTA DENTAL DESROCHERS, P CERCHIO, A FLINT, M vREDGE, J EISER III, G ELEMENT BUILDERS ENTERPRISE RENT A CAR OF FABINSKI, D 1/3 WARRANT REGISTER #40 4/2/2013 DESCRIPTION CHK NO DATE AMOUNT PLAZA BLVD 306695 3/28/13 5,112.08 REIMB-SWAT COURSE BASIC COURSE 306696 3/28/13 55.00 SETTLEMENT / THRIFTY OIL CO 306697 3/28/13 95,000.00 SETTLEMENT / THRIFTY OIL CO 306698 3/28/13 13,200.00 LEGAL / BID 306699 4/2/13 4,805.00 HAPPY CONFERENCE / SEC 8 306700 4/2/13 595.00 GAS AND ELECTRIC UTILITIES / SA 306701 4/2/13 283.94 HYDROCHLORIC ACID, DRY CHLORINE 306702 4/2/13 232.08 RETIREE HEALTH BENEFITS / APR 2013 306703 4/2/13 160.00 ACCT BDM36 - APRIL 2013 306704 4/2/13 961.00 RETIREE HEALTH BENEFITS / APR 2013 306705 4/2/13 125.00 PURCHASE BACKFLOWS, PARTS 306706 4/2/13 836.53 RETIREE HEALTH BENEFITS / APR 2013 306707 4/2/13 110.00 INSTALL NEW CARD READERS 306708 4/2/13 2,250.00 CITY-WIDE PUMP/MOTOR MAINTENANCE, 306709 4/2/13 812.55 RETIREE HEALTH BENEFITS / APR 2013 306710 4/2/13 70.00 RETIREE HEALTH BENEFITS / APR 2013 306711 4/2/13 140.00 RETIREE HEALTH BENEFITS / APR 2013 306712 4/2/13 110.00 MOP 67727 PLAQUE - FIRE 306713 4/2/13 5.40 RETIREE HEALTH BENEFITS / APR 2013 306714 4/2/13 260.00 MOP 64096 WEARING APPAREL 306715 4/2/13 106.90 RETIREE HEALTH BENEFITS / APR 2013 306716 4/2/13 145.00 PLUMBING/BACKFLOW SERVICES 306717 4/2/13 2,720.00 BULK CHLORINE 306718 4/2/13 565.40 FIRE/LTD - APRIL 2013 306719 4/2/13 592.00 WESTSIDE SPECS PLAN AREA / JAN 2013 306720 4/2/13 345.00 PD/LTD APRIL 2013 306721 4/2/13 1,984.50 CA ADMIN MANDAMUS 2013 UPDATE 306722 4/2/13 162.31 LEGAL SVCS RENDERED - S8 306723 4/2/13 3,994.10 FY 2009 WASTED MONITORING & WASTE PERMIT 306724 4/2/13 16,437.20 FY 2008 WASTE MONITORING & WASTE PERMIT 306725 4/2/13 6,594.05 RETIREE HEALTH BENEFITS / APR 2013 306726 4/2/13 280.00 RETIREE HEALTH BENEFITS / APR 2013 306727 4/2/13 140.00 SHARE PC REVENUE - FEB 2013 306728 4/2/13 14,047.05 MAIL PROCESSING SVCS / JAN 2013 306729 4/2/13 1,758.29 RETIREE HEALTH BENEFITS / APR 2013 306730 4/2/13 250.00 235/55R17 98W S2 EAG - TIRES 306731 4/2/13 947.04 TICKET APPEALS, ON-LINE ACCESS/ FEB 2013 306732 4/2/13 4,151.06 COMPANY MAINT / MAR 2013 / FIRE 306733 4/2/13 1,000.75 PMI COBRA INS - FEBRUARY 2013 306734 4/2/13 71.03 DENTAL INS APRIL 2013 ACCT 05-090860000 306735 4/2/13 13,587.42 RETIREE HEALTH BENEFITS / APR 2013 306736 4/2/13 110.00 RETIREE HEALTH BENEFITS / APR 2013 306737 4/2/13 70.00 LIABILITY CLAIM COSTS 306738 4/2/13 605.00 RETIREE HEALTH BENEFITS / APR 2013 306739 4/2/13 250.00 RETIREE HEALTH BENEFITS / APR 2013 306740 4/2/13 250.00 REFUND OF C&D FEES 306741 4/2/13 227.50 LIABILITY CLAIM COSTS 306742 4/2/13 322.44 RETIREE HEALTH BENEFITS / APR 2013 306743 4/2/13 220.00 PAYEE FERGUSON PRAET & SHERMAN GELSKEY, K GIBBS JR, R GOLDEN STATE GARAGE DOORS, INC GROSSMONT HOSPITAL SHARP HANSON, E HEALTH NET HEALTH NET HEALTH NET INC HEALTH NET INC HODGES, B HYPERION CONSTRUCTION JAMES, R JUNIEL, R KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMBLE, R KIRBY, J LADCO LANDA, A LASER SAVER INC LIMFUECO, M MALDONADO, J MATIENZO, M MC CABE, T MEDINA, R MEYERS/NAVE LAW CORP MOSSY NISSAN MOTOPORT MURRAY,J MYERS, B NATIONAL CITY ROTARY CLUB NOSAL, W NOTEWARE, D OCHOA, I PAUU JR, P PEASE JR, D PETERS, S POST, R POTTER, C PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RAY, S RELIANCE STANDARD ROARK, L ROE, V ROMERO'S ROOFING SERVICE, INC WARRANT REGISTER #40 4/2/2013 DESCRIPTION LIABILITY CLAIM COSTS RETIREE HEALTH BENEFITS / APR 2013 RETIREE HEALTH BENEFITS / APR 2013 REMOVE/FURNISH/INSTALL DOOR LIABILITY CLAIM COSTS RETIREE HEALTH BENEFITS / APR 2013 FULL NETWORK 57135A - APRIL 2013 INS N5992A - APRIL 2013 INSURANCE R1192A - APRIL 2013 INSURANCE FOR APRIL 2013 RETIREE HEALTH BENEFITS / APR 2013 REFUND OF C&D FEES PERMIT #2012-2667 RETIREE HEALTH BENEFITS / APR 2013 RETIREE HEALTH BENEFITS / APR 2013 INS ACTIVE - APRIL 2013 RET INS - APRIL 2013 GRP #104220-03 INS HD HSA ACTIVE - APRIL 2013 RET INS -COBRA - FEB 2013 RETIREE HEALTH BENEFITS / APR 2013 LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS RETIREE HEALTH BENEFITS / APR 2013 MOP 45725 TONER CARTRIDGE - FINANCE RETIREE HEALTH BENEFITS / APR 2013 RETIREE HEALTH BENEFITS / APR 2013 RETIREE HEALTH BENEFITS / APR 2013 RETIREE HEALTH BENEFITS / APR 2013 RETIREE HEALTH BENEFITS / APR 2013 LEGAL SVCS 2013 NISSAN ALTIMA / POLICE AIR MESK KEVLAR STREET JEAN RETIREE HEALTH BENEFITS / APR 2013 RETIREE HEALTH BENEFITS / APR 2013 STATEMENT 1/1/2011 - 4/30/2011 RETIREE HEALTH BENEFITS / APR 2013 RETIREE HEALTH BENEFITS / APR 2013 RETIREE HEALTH BENEFITS / APR 2013 RETIREE HEALTH BENEFITS / APR 2013 RETIREE HEALTH BENEFITS / APR 2013 RETIREE HEALTH BENEFITS / APR 2013 RETIREE HEALTH BENEFITS / APR 2013 RETIREE HEALTH BENEFITS / APR 2013 MOP 45742 LAUNDRY SERVICE SERVICE PERIOD 3/5/13 - 3/18/13 RETIREE HEALTH BENEFITS / APR 2013 VOLUNTARY LIFE INS - APRIL 2013 RETIREE HEALTH BENEFITS / APR 2013 RETIREE HEALTH BENEFITS / APR 2013 ROOF REPAIRS 2/3 CHK NO DATE AMOUNT 306744 4/2/13 3,354.00 306745 4/2/13 115.00 306746 4/2/13 120.00 306747 4/2/13 3,517.50 306748 4/2/13 1,897.35 306749 4/2/13 135.00 306750 4/2/13 5,377.98 306751 4/2/13 525.07 306752 4/2/13 62,748.45 306753 4/2/13 1,528.85 306754 4/2/13 200.00 306755 4/2/13 1,750.00 306756 4/2/13 140.00 306757 4/2/13 50.00 306758 4/2/13 160,459.39 306759 4/2/13 9,093.39 306760 4/2/13 3,899.91 306761 4/2/13 1,379.58 306762 4/2/13 3( 306763 4/2/13 3,3' 306764 4/2/13 150.00 306765 4/2/13 155.00 306766 4/2/13 261.49 306767 4/2/13 160.00 306768 4/2/13 130.00 306769 4/2/13 100.00 306770 4/2/13 280.00 306771 4/2/13 105.00 306772 4/2/13 419.34 306773 4/2/13 22,601.49 306774 4/2/13 4,033.00 306775 4/2/13 150.00 306776 4/2/13 140.00 306777 4/2/13 300.00 306778 4/2/13 1,176.44 306779 4/2/13 120.00 306780 4/2/13 125.00 306781 4/2/13 340.00 306782 4/2/13 140.00 306783 4/2/13 290.00 306784 4/2/13 280.00 306785 4/2/13 150.00 306786 4/2/13 230.66 306767 4/2/13 273,2 306788 4/2/13 1 306789 4/2/13 2,708.19 306790 4/2/13 135.00 306791 4/2/13 120.00 306792 4/2/13 1,260.00 PAYEE RUIZ, J SERVATIUS, J SHORT, C SMART & FINAL STACK TRAFFIC CONSULTING INC STRASEN, W SYSCO SAN DIEGO THE LINCOLN NATIONAL LIFE INS THOMSON WEST TRIVIZ, R TURNER'S PORTABLE WELDING UNITED PARCEL SERVICE UNIVERSITY OF OREGON SCI URIAS, N VALLEY INDUSTRIAL SPECIALTIES VISION INTERNET PROVIDERS W W GRAINGER W W GRAINGER -ST TECH CONTRACTING INC .LY'S ELECTRONIC SUPPLY ZIETLOW, D ZUMAR INDUSTRIES SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date 7 3/6/2013 WARRANT REGISTER #40 4/2/2013 DESCRIPTION RETIREE HEALTH BENEFITS /APR 2013 RETIREE HEALTH BENEFITS / APR 2013 RETIREE HEALTH BENEFITS / APR 2013 MOP 45756 MISC SUPPLIES - FIRE DEPOSIT #1808 - PLAZA BONITA MALL RETIREE HEALTH BENEFITS / APR 2013 FOOD / NUTRITION LIFE & AD&D, STD, LTD INS APRIL 2013 2013 CODE BOOKS RETIREE HEALTH BENEFITS / APR 2013 LABOR, REPAIR LOCK BOX / PW UPS SHIPMENT REGISTRATION; SUSTAINABLE CITY YEAR CONF RETIREE HEALTH BENEFITS / APR 2013 MOP 46453 BUILDING MATERIALS WEBSITE FRIENDLY URL MANAGER MOP 65179 SMALL TOOLS MOP 65179 BATTERIES - FIRE UNDERGROUND STORAGE TANK REMOVAL MOP 45763 AA BATTERIES - COMM SVC RETIREE HEALTH BENEFITS / APR 2013 STREET SIGNS / PW Start Date 3/27/2013 End Date 3/18/2013 End Date 4/2/2013 Check Date 3/27/2013 3/3 CHK NO DATE AMOUNT 306793 4/2/13 310.00 306794 4/2/13 340.00 306795 4/2/13 300.00 306796 4/2/13 102.21 306797 4/2/13 375.00 306798 4/2/13 135.00 306799 4/2/13 1,789.26 306800 4/2/13 8,651.40 306801 4/2/13 183.14 306802 4/2/13 135.00 306803 4/2/13 180.00 306804 4/2/13 122.29 306805 4/2/13 395.00 306806 4/2/13 125.00 306807 4/2/13 474.62 306808 4/2/13 1,070.00 306809 4/2/13 1,798.79 306810 4/2/13 114.06 306811 4/2/13 28,191.25 306812 4/2/13 29.81 306813 4/2/13 150.00 306814 4/2/13 2,702.15 GRAND TOTAL A/P Total 814,129.59 778,114.70 899,856.47 $ 2,492,100.76 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 ROBER S, 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 7111OF MAY, 2013. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7th, 2013 AGENDA ITEM NO. 17 ITEM TITLE: Warrant Register #41 for the period of 04/03/13 through 04/09/13 in the amount of $368,091.13. (Finance) PREPARED BY: .K Apalategui DEPARTMENT: Financ j -- PHONE: 619-336-4331 APPROVED BY: �/�? — EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 04/03/13 through 04/09/13 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Dixieline Builders Koch Armstrong FINANCIAL STATEMENT: ACCOUNT NO. N/A 306817 60,000.00 Home Rehabilitation Prog 1831 D Ave 306877 67,274.91 Citywide Pedestrian Crossing Project APPROVED: rZ/' APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Ratification of warrants in the amount of $368,091.13 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #41 PAYEE COUNTY OF SAN DIEGO CUMMINS & WHITE LLP DIXIELINE BUILDERS EDCO DISPOSAL CORPORATION KANE BALLMER & BERKMAN NBS ALL ABOUT BOOKS CO. AMAZON BAKER & TAYLOR BRODART CO CITY OF NATIONAL CITY DICK DALE GRASS ROOTS PRESS INSTITUTE FOR HEALTHCARE JOHNSON, C LAW, D LITERATURE COMES TO LIFE MATRIX DEVELOPMENT LLC 'CRAW HILL PUBLISHING CO JWEST TAPE SCLLN C/O TANGELA ASHE SOLIS, M SPRINT STAPLES ADVANTAGE U S POSTMASTER XEROX CORPORATION ALDEMCO ALL FRESH PRODUCTS AMERICAN BACKFLOW SPECIALTIES AMERICAN PLANNING ASSOCIATION ARCO GASPRO PLUS ASSI SECURITY INC AUSTIN DOORS BUCKNAM INFRASTRUCTURE GRP INC BUREAU VERITAS N AMERICA INC CAL EXPRESS CALIFORNIA HIGHWAY ADOPTION CO CASTRO, V CEB CHILDREN'S HOSPITAL CINTAS DOCUMENT MANAGEMENT CISSEL, J Ty OF NATIONAL CITY DPER'S PLUMBING & HEATING oULLIGAN DECKSIDE POOL SERVICE DELTA CARE USA DEPT OF JUSTICE DREW FORD 1/3 WARRANT REGISTER # 41 4/9/2013 DESCRIPTION CHK NO DATE AMOUNT DOCUMENT REVIEW / S A 306815 4/9/13 213.00 GEN COUNSEL TO OVERSIGHT BOARD 306816 4/9/13 2,440.00 HOME REHAB PROGRAM/1831 ID AVE 306817 4/9/13 60,000.00 WASTE DISPOSAL SERVICES / S A 306818 4/9/13 104.75 LEGAL / AB 1484 LITIGATION MATTER 306819 4/9/13 1,218.11 QUARTERLY ADMIN FEE 4/04/13 - 6/30/13 306820 4/9/13 839.29 FFL GIVEAWAYS 306821 4/9/13 679.07 BOOKS - LIBRARY 306822 4/9/13 1,119.39 BOOKS - LIBRARY 306823 4/9/13 1,672.33 BOOKS - LIBRARY 306824 4/9/13 19.70 OUT OF STATE SALES TAX ON BPO #76683 306825 4/9/13 60.87 GUEST PERFORMER FOR FAMILY LITERACY 306826 4/9/13 175.00 BOOKS FOR THE LITERACY COLLECTION 306827 4/9/13 743.31 GIVEAWAY BOOKS 306828 4/9/13 724.20 STORYTELLING PROGRAM FFL 306829 4/9/13 220.00 MAGIC SHOW PERFORMANCE AT THE LIBRARY 306830 4/9/13 195.00 GUEST PERFORMER FFL 306831 4/9/13 300.00 MATRIX LITERACY MANAGEMENT 306832 4/9/13 3,975.00 LITERACY BOOKS FOR THE LIBRARY'S 306833 4/9/13 570.45 DVD'S - LIBRARY 306834 4/9/13 129.86 REGISTRATION FEES FOR SCLLN CONFERENCE 306835 4/9/13 195.00 REIMBURSEMENT FOR THE PURCHASE OF CRAFT 306836 4/9/13 37.80 VIDEO CONFERENCING, LONG DISTANCE 306837 4/9/13 10.96 SUPPLIES 306838 4/9/13 53.91 POSTAGE FOR OVERDUE NOTICES 306839 4/9/13 272.36 XEROX BASE CHARGES AND OVERAGES 306840 4/9/13 248.81 FOOD, CONSUMABLES FOR NUTRITION 306841 4/9/13 5,378.16 FOOD FOR NUTRITION CENTER 306842 4/9/13 160.89 BACKFLOWS, GAUGES, PARTS, 306843 4/9/13 842.60 MEMBERSHIP - R PE 306844 4/9/13 390.00 FUEL 306845 4/9/13 41,694.42 INSTALL NEW CARD READERS / POLICE 306846 4/9/13 4,090.00 DOOR REPAIRS 306847 4/9/13 240.00 STREET SIGN INVENTORY 306848 4/9/13 5,245.17 SAFE ROUTE TO SCHOOL SERVICES 306849 4/9/13 6,529.00 ATTORNEY SVCS FOR MARCH 2013 306850 4/9/13 69.60 PARADISE CREEK LITTER REMOVAL 306851 4/9/13 864.00 REIMBURSEMENT - CAPE CONFERENCE 306852 4/9/13 207.76 JEFFERSON'S CA EVIDENCE 2013 UPDATE 306853 4/9/13 192.55 CHILD ABUSE EXAMS 306854 4/9/13 1,323.00 MONTHLY SHREDDING / POLICE 306855 4/9/13 72.95 REIMBURSEMENT - 2013 CONFERENCE 306856 4/9/13 325.17 PETTY CASH REPLENISHMENT - FEB 2013 306857 4/9/13 688.30 PLUMBING SERVICES & REPAIRS 306858 4/9/13 275.00 WATER / NUTRITION 306859 4/9/13 5.40 BULK HYDROCHLORIC ACID, DRY CHLORINE 306860 4/9/13 777.60 CITY SHARE 2/18/13, 3/4/13 306861 4/9/13 2,939.67 INVESTIGATIVE SVCS - FEB 2013 306862 4/9/13 320.00 MOP 49078 AUTO PARTS 306863 4/9/13 101.22 PAYEE GEOHYDROLOGIC CONSULTANT INC GOODYEAR TIRE & RUBBER COMP GOVERNMENT FINANCE OFFICERS GREEN MECHANICAL CONTRACTORS GROSSMAN PSYCHOLOGICAL HAJOCA CORPORATION HAMILTON MEATS & PROVISIONS HYDRO SCAPE PRODUCTS INC INFO LINE OF SAN DIEGO IRON MOUNTAIN JERAULDS CAR CARE CENTER KAISER FOUNDATION HEALTH PLANS KIMLEY HORN AND ASSOC INC KOCH ARMSTRONG GENERAL ENGR LASER SAVER INC LOPEZ, T METRO AUTO PARTS DISTRIBUTOR NAPA AUTO PARTS NATIONAL CITY AUTO TRIM NATIONAL CITY CAR WASH NATIONAL CITY CHAMBER OF NATIONAL CITY POLICE NATIONAL CITY ROTARY CLUB OLIVER PACKAGING & CO O'REILLY AUTO PARTS ORKIN PEST CONTROL PALM ENGINEERING POWER PLUS POWERSTRIDE BATTERY CO INC PRO BUILD PROJECT PROFESSIONALS CORP. PRUDENTIAL OVERALL SUPPLY RAUCH DETISCH & STEINKE RUSS' BEE REMOVAL SAFETY KLEEN SYSTEMS INC SAFRAN MORPHOTRUST SAINZ, L SAN DIEGO ASSESSOR RECORDER SDG&E SEAPORT MEAT COMPANY SMART SOURCE OF CA LLC SOUTHWEST SIGNAL SERVICE SPARKLETTS STAPLES ADVANTAGE SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO THE ENGRAVING STORE THE LIGHTHOUSE INC 2/3 WARRANT REGISTER # 41 4/9/2013 DESCRIPTION CHK NO DATE AMOUNT PD GROUNDWATER SAMPLING 306864 4/9/13 2,463.50 TIRES 306865 4/9/13 575.58 MEMBERSHIPS 4/01/12 - 3/31/14 306866 4/9/13 595.00 HVAC REPAIRS 306867 4/9/13 690.00 OFFICER ASSISTANCE / APR - JUN 2013 306868 4/9/13 1,737.50 PLUMBING MATERIALS 306869 4/9/13 2,937.39 FOOD FOR NUTRITION CENTER 306870 4/9/13 690.73 MOP 45720 PIPES, VALVES 306871 4/9/13 95.96 CITIES CONTRIBUTIONS FY 11/12 306872 4/9/13 11,716.40 RECORDS MANAGEMENT/DOCUMENT STORAGE 306873 4/9/13 142.00 MOP 72449 R&M AUTO EQUIPMENT 306874 4/9/13 651.35 RETIREES INS APRIL 2013 306875 4/9/13 26,183.15 PUBLIC WORK SITE FEASIBILITY STUDY 306876 4/9/13 13,001.50 CITYWIDE PEDESTRIAN CROSSINGS 306877 4/9/13 67,274.91 MOP 45725 INK TONERS - ENG 306878 4/9/13 420.47 TRANSLATION SERVICES 306879 4/9/13 210.00 MOP 75943 AUTO PARTS 306880 4/9/13 259.18 MOP 45735 AUTO PARTS 306881 4/9/13 439.27 MOP 72441 R&M AUTO EQUIPMENT 306882 4/9/13 CAR WASHES 306883 4/9/13 4 JOB FAIR FLYER FEES 306884 4/9/13 167.00 22ND ANNUAL PEACE OFFICER AWARD CEREMONY 306885 4/9/13 450.00 FOR CHIEF A GONZALES 7/1/10 - 1/31/12 306886 4/9/13 555.00 HOME DELIVERED MEAL TRAYS 306887 4/9/13 1,452.00 MOP 75877 AUTO PARTS 306888 4/9/13 189.46 PEST MAINTENANCE 306889 4/9/13 751.46 PED CROSSING ENHANCEMENTS 306890 4/9/13 25,554.36 POWER TO TEMPORARY AQUATIC CENTER 306891 4/9/13 195.00 MOP 67839 AUTO PARTS 306892 4/9/13 142.29 MOP 45707 MISC SUPPLIES - NSD 306893 4/9/13 109.96 UNDERGROUND STORAGE TANK REMOVAL 306894 4/9/13 1,063.50 MOP 45742 LAUNDRY SERVICE 306895 4/9/13 446.10 SERVICES FOR MAR 2013 306896 4/9/13 908.03 BEE REMOVAL SERVICES 306897 4/9/13 275.00 HAZARDOUS MATERIAL REMOVAL 306898 4/9/13 617.63 INVESTIGATIVE SVCS - FEB 2013 306899 4/9/13 20.00 REIMBURSEMENT-CASP EXAM 306900 4/9/13 800.00 RECORDS OF TRUST/FULL RECONVEYANCE 306901 4/9/13 494.00 FACILITIES GAS & ELECTRIC 306902 4/9/13 22,903.30 FOOD FOR NUTRITION CENTER 306903 4/9/13 1,481.40 MOP 63845 LETTERHEAD IMPRINTS 306904 4/9/13 964.92 TRAFFIC SIGNAL & STREET LIGHTING 306905 4/9/13 14,604.75 DRINKING WATER / MYR 306906 4/9/13 74 7Q COPY PAPER FOR WAREHOUSE 306907 4/9/13 5,51 TACK OIL 306908 4/9/13 2L.,... . STREET DIVISION WATER BILL FOR FY 2013 306909 4/9/13 310.69 SUPPLIES FOR NUTRITION CENTER 306910 4/9/13 1,836.95 FLAG BOX FOR CHIEF GONZALES 306911 4/9/13 104.21 MOP 45726 AUTO PARTS 306912 4/9/13 233.25 PAYEE THE STAR NEWS U S BANK UNDERGROUND SERVICE ALERT UNION TRIBUNE PUB CO UNITED PARCEL SERVICE UNITED ROTARY BRUSH VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS WAXIE SANITARY SUPPLY WARRANT REGISTER # 41 4/9/2013 DESCRIPTION ADVERTISEMENT FOR BIDS GS1213-2 & -3 CREDIT CARD EXP - PD UNDERGROUND SRVC ALERT CHRGS LEGAL NOTICES ADVERTISING / 3/08/13 UPS SHIPMENT / FINANCE SWEEPER REPAIRS MOP 46453 BUILDING MATERIAL CELL PHONE CHGS - PD JANITORIAL SUPPLIES GRAND TOTAL 3/3 CHK NO DATE AMOUNT 306913 4/9/13 143.50 306914 4/9/13 1,897.96 306915 4/9/13 189.00 306916 4/9/13 269.20 306917 4/9/13 49.78 306918 4/9/13 398.67 306919 4/9/13 228.40 306920 4/9/13 60.27 306921 4/9/13 2,865.14 A/P Total 368,091.13 $ 368,091.13 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 7ih OF MAY, 2013. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7, 2013 AGENDA ITEM NO. 18 ITEM TITLE: Public Hearing No. 2 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 PREPARED BY: Carlos DEPARTMENT: Housi nd Grant PHONE: (619) 336 4391 APPROVED BY 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. The 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 will adopt the Fourth -Year Action Plan activities for submission to HUD before May 15, 2013. As of the date of this report, HUD has not released the final appropriations for CDBG and HOME due to Federal Sequestration. Attachment No. 1 provides further explanation on the ranking process used to mitigate not having the final appropriations available. 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 remaining from completed projects toward FY2014 CDBG activities. ENVIRONMENTAL REVIEW: Not applicable to this report. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Conduct the Public Hearing. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: 4ttachment No. 1: Impacts of Federal Sequestration on CDBG and HOME funding in FY2013-2014 4ttachment No. 2: Proposed FY2013-2014 Annual Action Plan Activities Attachment No. 3: FY2013-2014 Draft Annual Action Plan Attachment No. 1 Impacts of Federal Sequestration on CDBG and HOME funding in FY2013-14 Federal Sequestration, which took effect on March 1, 2013, mandated an unknown reduction to numerous federally -funded programs, including those administered by the Housing and Grants Division. It is anticipated that the U.S. Housing and Urban Development Department (HUD) will reduce the Community Development Block Grant Program (CDBG) and HOME Investment Partnership Program (HOME) entitlement funding for Fiscal Year 2013-2014 (July 1, 2013 through June 30, 2014). HUD requires that the Annual Action Plan for CDBG and HOME be submitted to the HUD by May 15, 2013. HUD also requires that the Action Plan list the proposed activities to be granted funds, regardless if HUD has not released the actual appropriations to the City. In order to comply with these requirements, the City Council decided on which activities to fund by considering at least a 5% reduction in funding to HOME and CDBG from the previous year awards. An across-the-board reduction of at least 5% was suggested by HUD in March 2013. The City Council implemented a "Decide then Rank" process to select and prioritize CDBG activities after the Public Hearing held on March 19, 2013. The process enabled City Council to select activities for funding and decide their respective funding levels. The City Council would then rank each activity to prepare for potentially deeper reductions in funding. Funding for activities ranked in least priority would be eliminated first. However, partially funded activities would be allowed if the activity was deemed feasible by staff. If the activity was deemed infeasible, the remaining funds would not be appropriated until the next allocation cycle. CDBG Planning and Administration would receive 20% of the entitlement award. However, any decrease (or increase) in funding will impact the CDBG Planning and Administration line items proportionately. HOME Program activities, including HOME Program Administration, would also be reduced (or increased) in proportion to the HOME entitlement award. The City Council will consider adopting a Resolution on May 7th that approves the activities recommended for inclusion in the Action Plan (Exhibit "A" of the Resolution). If funding was to increase, staff further recommends that those funds be applied proportionally to the activities listed as part of the Resolution that did not receive their full funding request. The Resolution would also delegate the authority to approve the final funding allocations to the City Manager if they are substantially consistent with the direction received by the City Council in the process of adopting the activities proposed for the Annual Action Plan. Attachment No. 2 Trauma Intervention Programs of San Diego County, Inc. City of National City, Community Services Department 3 South Bay Community Services 4 City of National City, Public Library Trauma Intervention Program At Risk Youth After School Teen Program - "Supreme Teens" National City Police Department Support Services: Domestic Violence Response Team Literacy Services 8,000 $ 20,000 $ 20,000 5 City of National City, Community Services Department CDBG Non -Public Services With a *stint $112,623 in reallocated funds n/a City of National City, Fire Department 1 City of National City, Neighborhood Services Department Tiny Tots Fire Station 34-Section 108 Loan Payment FY13-14 Housing Inspection Program $ 40,000 $ 22,973 $ 121,000 2 City of National City, Community Services Department 3 City of National City, Development Services Department George H. Waters Nutrition Program Drainage Improvements $ 75,000 $ 100,000 4 City of National City, Neighborhood Services Department n/a City of National City, Housing & Grants n/a CSA San Diego County n/a City of National City Housing and Grants n/a City of National City, Housing and Grants Neighborhood Preservation CDBG Program Administration Fair Housing and Tenant -Landlord Education National City Owner -Occupied Rehabilitation Program Program Administration $ 50,347 $ 112,964 $ 35,000 $ 276,111 $ 30,679 • DRAFT Fiscal Year 2013-2014 Annual Action Plan U.S. Department of Housing and Urban Development (HUD) Table of Contents Page Executive Summary 1 General Questions 5 1. Geographic Areas 5 2. Basis for Allocating Investments 11 3. Addressing Obstacles to Meet Underserved Needs 12 4. Available Resources to Meet Priority Needs 13 Managing the Process 16 1. Lead Agency 16 2. Plan Development Process 16 3. Actions to Enhance Coordination between Agencies 17 Citizen Participation 17 1. Citizen Participation Process 18 2. Comments Received 18 3. Efforts to Broaden Public Participation 19 4. Comments Not Accepted 19 Institutional Structure 20 1. Institutional Structure 20 Monitoring 22 1. Monitoring 22 Lead -based Paint 26 1. Actions to Evaluate and Reduce Lead -Based Paint Hazards 26 Specific Housing Objectives 27 1. Housing Priorities and Specific Objectives 27 2. Federal, State, and Local Public and Private Sector Resources 30 Needs of Public Housing 30 1. Public Housing Needs 30 2. Status of Public Housing Agency 30 Barriers to Affordable Housing 30 1. Removing Barriers to Affordable Housing 31 HOME/American Dream Down payment Initiative (ADDI) 31 1. Other Forms of Investments 32 2. Guidelines for Recapture 32 3. Guidelines for Refinancing 35 4. Use of ADDI Funds 35 Specific Homeless Prevention Elements 35 1. Sources of Funds 36 2. Homelessness 37 3. Chronic Homelessness 37 4. Homelessness Prevention 38 5. Discharge Coordination Policy 39 Emergency Shelter Grants (ESG) 39 Community Development 40 1. Community Development Priority Needs 40 2. Specific Long -Term and Short -Term Community Developrnent Objectives 41 Antipoverty Strategy 45 1. Antipoverty Strategy 45 Fourth Program Year Action Plan i Version 2.0 National City Non -homeless Special Needs (91.220 (c) and (e)) 46 1. Non -Homeless Special Needs Priorities and Objectives 46 2. Use of Federal, State, and Local Resources 47 Housing Opportunities for People with AIDS 47 Specific HOPWA Objectives 48 Appendices Appendix A: Projects Workbook Appendix B: Proof of Publication List of Figures Figure 1: Low- and Moderate- Income Areas 7 Figure 2: Minority Concentration 9 Figure 3: City of National City Organizational Chart 21 Fourth Program Year Action Plan ii Version 2.0 Q�Q*ehENtQPorr 61*011111*1 Fourth Program Year .9494N0EvtOq Action Plan Narrative Responses Executive Summary This fourth year Action Plan describes the eligible programs, projects, and activities the City of National City (City) will undertake during the program year (Fiscal Year 2013-2014) and their relationship to the priority housing and community development needs identified in the 2010-2015 Consolidated Plan. The City of National City receives Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) program funds as a direct entitlement from the U. S. Department of Housing and Urban Development (HUD) Office of Community Planning and Development (CPD) for eligible programs, projects, and activities. The CDBG and HOME programs are primarily designed to assist low- and moderate - income households by providing affordable housing, revitalizing neighborhoods, and creating employment opportunities through economic development projects and activities. This Action Plan delineates the City of National City's uses of CPD program funds for Fiscal Year (FY) 2013-14 as allocated by HUD. The City will fund the CDBG and HOME activities incorporated in this Action Plan with a new estimated appropriation of $739,824 in CDBG and $238,956 in HOME funds. In addition, the City will allocate $67,834 of HOME Program income to FY 2013-14 activities. Furthermore, the City will reprogram $112,623 of CDBG funds remaining from recently completed projects. Program income and funds reallocated from previous years toward FY2013-14 activities will be used in accordance with all applicable HUD regulations. All projects and programs funded in this third year of National City's 2010-2015 Consolidated Plan will: 1) provide decent affordable housing, or 2) create suitable living environments. A total of $397,111 will be devoted to housing activities, including housing rehabilitation; $225,347 will be expended on neighborhood improvements, public facilities improvements, and infrastructure improvement projects; $247,161 will be used to service debit on the Section 108 loan used to fund the construction of Fire Station 34; and $110,973 will be allocated for public service initiatives. The total amount of CDBG funds that are available for FY2013-2014 activities is $852,447. The total amount of HOME funds that are available for FY2013-14 housing projects and programs is $306,790. All of the activities funded will improve the availability and accessibility of housing and services for low/moderate income persons, improve the affordability of housing and/or enhance the sustainability of our communities. Fourth Program Year Action Plan 1 Version 2.0 National City National City's quantified objectives for 2010 to 2015, as identified in the 2010-2015 Consolidated Plan, are summarized on Table ES-1 on below. Table ES-1: Quantified Objectives for the Use of CDBG and HOME funds over the Five -Year Consolidated Plan Period SPECIFIC HOMELESS OBIECTIVES TO BE -FUNi A Li; SPEC AL N EDS Pal {i1=A ONS� ` ' r ED WITH iC i$G UNDS (N LE NCI DS.CA�1'EG,OAT FIVE VEAR Homeless Provide assistance to 300 persons through assistance to agencies and organizations that provide services to the homeless and persons at risk of homelessness, and through participation in the San Diego Continuum of Care System. Identified funding sources to meet this objective include Homeless Prevention and Rapid Re -housing Program (HPRP) funds. Youth Assist 5,100 youth through the provision of public services. Low Income and any Special Needs Group Assist 3,000 persons or households through the provision of public services for lower -income and special needs populations as identified on a yearly basis. E UNDED Y ill NETS CATEGORY E i( 1 .., r _.. `acf£. g'�N.v ��e. xn .a ..H aA'CK'm �ct t�v4N•.RR..( -- Low-Income Homeowners and Renters Provide funding for minor rehabilitation of 50 housing units. Low- and Moderate -Income Homeowners Provide funding to rehabilitate/repair 15 single-family housing units. Low- and Moderate Income Renters Provide funding to rehabilitate 12 multi -family housing units. Low- and Moderate -Income Households Assist 150 housing units with technical assistance regarding code enforcement and violations. Low- and Moderate Income Households Provide homeownership assistance to 33 households. Low and Moderate Income Households Provide fair housing services to 250 persons. Low- and Moderate -Income Households Support the rehabilitation and/or construction of 50 affordable housing units. ._ fliRY Low- and Moderate -Income Households Pursue 15 improvement projects to parks, recreational, and community facilities. Low- and Moderate Income Households; Disabled Pursue 17 improvement projects to infrastructure: 2 flood control and 15 street improvements. The programs and activities for this third program year are consistent with the objectives of the 2010-2015 Consolidated Plan. Table ES-2 provides a summary of National City's FY 2013-2014 Action Plan programs and activities and their relative objectives and outcomes. (See the description of National Objectives and Performance Outcomes at the end of this summary.) Fourth Program Year Action Plan 2 Version 2.0 National City Table ES-2: Program Year 3 (FY2013-2014) Action Plan Programs, Activities and Funding Allocations HUD FY2013 CDBG Entitlement: $739,824 (Estimated) HUD FY2013 HOME Entitlement: $238,956 (Estimated) CDBG Previous Year Reallocation: $112,623 1 Activity/Recipient Trauma Intervention Program -Trauma Intervention Programs of San Diego County, Inc. HOME Program Income: $67,834 T$tal HOMEtAv iil OBJECTIVE - OUTCOME SL -1 PROPOSE TO ACCOMPLISH 100 Persons Funds Allocated 8,000 2 At Risk Youth After School Teen Program - "Supreme Teens"- City of National City, Community Services Department SL -1 75 F'ersons $ 20,000 3 National City Police Department Support Services: Domestic Violence Response Team - South Bay Community Services SL -1 75 F'ersons $ 20,000 4 Literacy Services - City of National City, Public Library SL -1 150 Persons $ 40,000 5 N/A Tiny Tots - City of National City, Community Services Department Fire Station 34-Section 108 Loan Payment FY13-14 - City of National City, Fire Department SL -1 SL - 1 30 Persons Section 108 Loan IPayment $ 22,973 $ 247,161 1 Housing Inspection Program - City of National City, Neighborhood Services Department SL - 1 140 Persons $ 121,000 2 George H. Waters Nutrition Program - City of National City, Community Services Department SL - 1 1 Public Facility Improvement $ 75,000 3 Drainage Improvements - City of National City, Development Services Department SL - 1 1 Publiic Facility Improvement $ 100,000 4 Neighborhood Preservation - City of National City, Neighborhood Services Department SL - 1 840 Persons $ 50,347 Fourth Program Year Action Plan 3 Version 2.0 National City Table ES-2: Program Year 3 (FY2013-2014) Action Plan Programs, Activities and Funding Allocations HUD FY2013 CDBG Entitlement: $739,824 (Estimated) HUD FY2013 HOME Entitlement: $238,956 (Estimated) CDBG Previous Year Reallocation: $112,623 HOME Program Income: $67,834 N/A Activity/Recipient National City Owner -Occupied Rehabilitation Program - City of National City Housing and Grants OBJECTIVE - OUTCOME DH-2 PROPOSE TO ACCOMPLISH 5 Housing Units Funds Allocated $ 276,111 N/A Program Administration - City of National City, Housing and Grants SL - 1 N/A 30,679 The national objectives and related performance outcomes used to measure specific annual objectives are described in Table ES-3 below. Table ES-3: National Objectives and Performance Outcomes r o _ H9 �k' ... .3v✓' . �"�4�fOrm'# i�!`�ce Cr,tena r.,: j%.�., Ei vho .� �"ef Availability/Accessibility SL-1 DH-1 EO-1 Affordability SL-2 DH-2 EO-2 Sustainability SL-3 DH-3 EO-3 Fourth Program Year Action Plan 4 Version 2.0 National City General Questions 1. Describe the geographic areas of the jurisdiction (including areas of low-income families and/or racial/minority concentration) in which assistance will be directed during the next year. Where appropriate, the jurisdiction should estimate the percentage of funds the jurisdiction plans to dedicate to target areas. 2. Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA) (91.215[a][1]) during the next year and the rationale for assigning the priorities. 3. Describe actions that will take place during the next year to address obstacles to meeting underserved needs. 4. Identify the federal, state, and local resources expected to be made available to address the needs identified in the plan. Federal resources should include Section 8 funds made available to the jurisdiction, Low -Income Housing Tax Credits, and competitive McKinney-Vento Homeless Assistance Act funds expected to be available to address priority needs and specific objectives identified in the strategic plan. Program Year 4 Action Plan General Questions response: 1. Geographic Areas National City encompasses 9.2 square miles, with an estimated population of 59,369 people, according to a 2011 estimate by the United State Census Bureau. The City is bordered by the City of San Diego to the north and east, the City of Chula Vista to the south, the unincorporated areas of Lincoln Acres and Bonita to the south and southeast, and the San Diego Bay to the west. In National City, affordable housing and community development improvements are needed citywide to create a decent living environment for residents and community members. As shown in Table 1 and Figure 1, on the page 7 and 8 respectively, the majority of the City is comprised of Census tracts and Census block groups that qualify as low - and moderate -income per U.S. Department of Housing and Urban Development (HUD) guidelines. Low- and moderate -income areas are those with more than 51 percent of the population earning less than 80 percent of the Area Median Income (AMI). These areas are eligible for funding through the CPD programs. Fourth Program Year Action Plan 5 Version 2.0 National City Table 1: Low- and Moderate -Income Block Groups and Census Tracts 003202 2 130 158 82.3 003204 1 42 117 35.9 003204 2 724 1647 44.0, 003207 1 227 422 53.8 011400 1 400 493 81.1 011400 2 978 1223 80.0 011500 1 141 177 79.7 011601 1 1214 1565 77.6 011601 2 1120 1523 73.5 011601 3 2742 3036 90.3 011602 1 1333 1945 68.5 011602 2 951 1119 85.0 011700 1 1215 2287 53.1 011700 2 1208 1639 73.7 011700 3 1123 1392 80.7 011700 4 887 956 92.8 011801 1 743 1028 72.3 011801 2 811 1043 77.8 011801 3 927 1184 78.3 011801 4 425 690 61.6 011802 1 3384 4410 76.7 011802 2 1630 2065 78.9 011901 1 1105 1440 76.7 011902 1 438 1114 39.3 011902 2 762 1474 51.7 011902 3 569 1101 51.7 011902 4 311 986 31,5` 012001 1 1536 2286 67.2 012002 1 552 909 60.7 012002 2 1782 2339 76.2 012003 1 482 906 53.2 012003 2 1045 2040 51.2 012101 1 254 623 40.8 012101 2 972 1576 61.7 012102 1 1676 2715 61.7 012102 2 280 548 51.1 012200 1 196 252 77.8 012500 2 445 618 72.0 Note: Block groups below low- or moderate -income threshold (51 percent of households) are depicted in grey. Source: U.S. Department of Housing and Urban Development National Data Set, 2009. Fourth Program Year Action Plan 6 Version 2.0 National City Source: U.S. Department of Housing and Urban Development, 2009. Figure 1: Low- and Moderate -Income Areas Low- and Moderate -Income Areas _. Less than 51.1% (not a low- and moderate -income area) 51.1% - 75.0% low- and moderate -income population 75.1% and greater low- and moderate -income population Base Map —••— National City Boundary Freeway Major Roads Roads San Diego Trolley Line/Station San Diego Bay --------- Water Courses Fourth Program Year Action Plan 7 Version 2.0 National City Areas of Minority Concentration Areas with concentrations of minority residents may have different needs, particularly in areas where recent immigrants tend to reside. In this Consolidated Plan, a concentration is defined as a Census block group with a proportion of a particular race/ethnic group greater than that of the countywide average for that group. A high concentration is defined as a Census block group with at least twice the county average for that particular group. Nearly all of National City, with the exception of one small area, has a minority concentration (Figure 2, on the following page). The Hispanic population is the most significant racial/ethnic group (62 percent of the population), followed by the Asian/Pacific Islander population (19 percent). In compliance with fair housing regulations, the City does not craft housing policies and programs based on race. National City provides housing programs to help meet the needs of low- and moderate -income households regardless of race. Fourth Program Year Action Plan 8 Version 2.0 National City Figure 2: Minority Concentration Legend Minority Concentration Minority Concentration is defined as Census Block Groups that have a greater minority population than San Diego County at large (45%) Base Map National City Boundary Freeway Major Road Local Road San Diego Trolley Line/Station San Diego Bay Water Courses National City Southern Boundary Inset Map Not to scale Fourth Program Year Action Plan 9 Version 2.0 National City The geographic distribution of funding for National City's proposed projects is as follows. • Housing assistance programs funded with CDBG and HOME funds are generally available on a citywide basis (subject to program guidelines) to low - and moderate -income residents and persons with special needs. These programs include homeownership assistance, rehabilitation of owner -occupied and rental housing, and affordable rental housing development (Table 2). • Homeless, special needs, and public service assistance are available to National City residents on a citywide basis, based on income level or special needs status (Table 2). These supportive services are offered by specific agencies and organizations at their locations. • Public improvement projects utilizing CDBG funds, such as eligible public infrastructure and public facilities projects, take place in low- and moderate - income areas (defined by Census block groups and indicated in Table 2). • Economic development assistance is generally available throughout the entire City based on the number of jobs created or retained and income level of applicants receiving assistance. Certain economic development activities, such as commercial rehabilitation, may also be funded if the businesses are located in eligible low- and moderate -income Census tracts. The geographic distribution of specific FY 2013-2014 CDBG- and HOME -funded activities is depicted in Table 2. Table 2: Service Area/ Census Tracts and CDBG/ HOME Allocations Activity/Recipient Service Areal Census Track Funds Allocated % of Funds ;'�`. �'"=-�� � � '� 'a2.".' _ y"xl .� fix. '.f '{„x i.? � � 2` � �'� .,•"1d. .'d�?� CDSS. P lic Trauma Intervention Program - Trauma Intervention Programs of San Diego County, Inc. Citywide $ 8,000 0.94% At Risk Youth After School Teen Program - "Supreme Teens"- City of National City, Community Services Department Citywide $ 20,000 2.35% National City Police Department Support Services: Domestic Violence Response Team - South Bay Community Services Citywide $ 20,000 2.35% Literacy Services - City of National City, Public Library Citywide $ 40,000 4.69% Tiny Tots - City of National City, Community Services Department Citywide $ 22,973 2.69% Fourth Program Year Action Plan 10 Version 2.0 National City CDBG Non-POIip Services. $593,508 Fire Station 34-Section 108 Loan Payment FY13-14 - City of National City, Fire Department Citywide $247,161 28.99% Housing Inspection Program - City of National City, Neighborhood Services Department SL - 1 $121,000 14.19% George H. Waters Nutrition Program - City of National City, Community Services Department SL - 1 $ 75,000 8.80% Drainage Improvements - City of National City, Development Services Department SL - 1 $100,000 11.73% Neighborhood Preservation - City of National City, Neighborhood Services Department SL - 1 $ 50,347 5.91% CDBG+ P a ing/ r i i r t br CDBG Program Administration - City of National City, Housing & Grants SL - 1 $112,964 13.25% Fair Housing and Tenant -Landlord Education - Center for Social Advocacy San Diego County SL - 1 $ 35,000 4.11% National City Owner -Occupied Rehabilitation Program - City of National City Housing and Grants DH - 2 $276,1111 90.00% Program Administration - City of National City, Housing and Grants SL - 1 $ 30,679 10.00% 2. Basis for Allocating Investments The priority needs and objectives identified in the City's 2010-2015 Consolidated Plan provide the basis for the allocation of CDBG and HOME program funds for FY 2013-2014. The priority housing needs, priority homeless needs, priority special needs populations, and priority non -housing community development needs identified in the Consolidated Plan were established under the guidance of national objectives and performance outcomes as described by HUD. In addition, relative priorities and target funding proportions were established through the identification of needs obtained through public outreach efforts in compliance with the City's adopted Public Participation Plan. The City considered a Fourth Program Year Action Plan 11 Version 2.0 National City variety of criteria in establishing priorities, including urgency of needs, cost efficiency, eligibility of activities/programs, availability of other funding sources to address specific needs, funding program limitations, capacity and authority for implementing actions, and consistency with citywide goals, policies, and efforts. The priorities established in the 2010-2015 Consolidated Plan are: Housing Priorities • Conserve and improve affordable housing. • Provide first-time homebuyer opportunities. • Support new affordable housing construction. • Promote equal housing opportunity. • Preserve assisted housing at risk of converting to market rate. • Support housing and services for homeless and persons at risk of homelessness. Community Development Priorities • Provide for new and improve existing community facilities. • Provide for needed infrastructure improvements in low- and moderate -income areas. • Provide for needed community and supportive services for moderate- and low-income persons and those with special needs. • Provide for necessary planning activities. 3. Addressing Obstacles to Meet Underserved Needs National City's most underserved groups are primarily low-income families, youth, and the homeless. The primary obstacle to meeting the needs of these population groups is the general lack of funding resources available to the public and private agencies providing services to meet the needs. For FY 2013-2014, the City is committed to allocate the maximum allowable level CDBG and HOME funds to provide services and programs to meet the needs of the underserved populations. In addition, the City will continue to leverage its resources to the greatest extent possible and continue to seek additional resources to meet priority needs of the community. Table 3 includes a list of specific programs that will be funded with HUD funds during FY 2013-2014 to meet the needs of the primary underserved population groups in National City. Table 3: Programs for Primary Underserved Population Groups Low- and Moderate Income Persons/Families Trauma Intervention Program -Trauma Intervention Programs of San Diego County, Inc. 100 Persons $ 8,000 National City Police Department Support Services: Domestic Violence Response Team - South Bay Community Services 75 Persons $ 20,000 Fair Housing and Tenant -Landlord Education - Center for Social Advocacy San Diego County N A $ 35,000 Fourth Program Year Action Plan 12 Version 2.0 National City Neighborhood Preservation - City of National City, Neighborhood Services Department 840 Persons $ 50,347 National City Owner -Occupied Rehabilitation Program - City of National City Housing and Grants 5 households $ 276,111 George H. Waters Nutrition Program - City of National City, Community Services Department 1 Public Facility Improvement $ 75,000 Literacy Services - City of National City, Public Library 150 Persons $ 40,000 Youth At Risk Youth After School Teen Program - "Supreme Teens"- City of National City, Community Services Department 75 Persons $ 20,000 Tiny Tots - City of National City, Community Services Department 30 Persons $ 22,973 4. Available Resources to Meet Priority Needs Given the City's large number of low- and moderate -income residents, the need for programs far exceeds the funding capacity of the CDBG and HOME programs. To help leverage CDBG and HOME funds in the provision of housing and community development activities, the City relies on a variety of funding resources. Major sources of funding available to the City for implementing its housing and community development activities include: Community Development Block Grants (CDBG): CDBG funding is awarded to the City on a formula basis for housing and community development: activities. The City's allocated entitlement for FY 2013-2014 is $739,824. HOME Investment Partnership Act (HOME): HOME is a flexible grant program awarded to the City on a formula basis for expanding affordable housing opportunities. The City's allocated entitlement for FY 2013-2014 is $238,956. Other funding sources are available to the City but not addressed in this planning document. Community development, housing, and economic development goals can be met with supplemental funds that are provided by the state and federal government to leverage with federal funds from such programs as those below. 2011 Tax Allocation Bond: The City of National City issued approximately $39 million of bonds which are to be paid off with future tax increment funds generated from the City's Redevelopment Project Area. The 2011 Bonds were issued to fund redevelopment projects, including low and moderate income housing projects, within the City's Redevelopment Project Area. Included among the many projects anticipated to be funded through the bond proceeds are the implementation of the Downtown Specific Plan through mixed -use development, the improvement of 8th St. from Interstate 5 to J Avenue including streetscape and public art, infrastructure improvements off of State Highway 54 on National City Boulevard and D and F Avenues to improve the economic viability of the National City Swap Meet and Harbor Drive -In sites, enhancements and improvements for Paradise Creek from Highland to Wilson Avenue, expansion of the Paradise Creek Education Park, and the Fourth Program Year Action Plan 13 Version 2.0 National City construction of an affordable housing project on the current site of the National City Public Works yard. National City Redevelopment Agency as the Successor Agency to the Community Development Commission of the City of National City - With the dissolution of the National City redevelopment agency in January 2012 through the implementation of 2011 California State Legislation- AB X1 26, the City of National City will only receive tax increment for the payment of bond debt on redevelopment projects and other enforceable obligations (projects) of the Redevelopment Agency. The City will receive approximately $14 million of these funds in FY 2013-2014 to make payment on current bond debts and provide for the completion of pending redevelopment projects. Section 8: The Section 8 Rental Voucher Program is authorized by the U.S. Housing Act of 1937, and is overseen by HUD's Office of Public and Indian Housing. The National City Housing Authority administers the local Section 8 Housing Choice Voucher Rental Assistance Program, providing rental assistance payments to owners of private market -rate units on behalf of low-income tenants. SuperNOFA Continuum of Care Homeless Assistance Program: Grants awarded to San Diego County to implement a broad range of activities which benefit homeless persons. For 2013, the County (including service providers) submitted an application for SuperNOFA funds in the amount of $16,750,014. Housing Opportunity for Persons with AIDS (HOPWA): The HOPWA program also provides means for development. There is funding available for the housing, and related support -service needs, of low-income persons living with human immunodeficiency virus (HIV) and acquired immunodeficiency syndrome (AIDS). The City of San Diego receives HOPWA funding on behalf of San Diego County, as the largest jurisdiction in the County. The City of San Diego receives approximately $2.7 million annually in HOPWA funding. The City has estimated the potential amounts of the funding sources discussed above that are reasonably anticipated to be available to meet the needs identified in the 2010-2015 Consolidated Plan. Table 4 provides a detailed summary of the estimated funding resources available to National City in FY 2013-2014 to leverage CDBG and HOME funds in the provision of housing and community development activities. In addition to CDBG and HOME funds, there are $43,151,995 in other resources that will be leveraged toward housing and community development activities in National City. Fourth Program Year Action Plan 14 Version 2.0 National City Table 4: Federal, State, County, and Local Resources a $ 852,445 a. Community Development Block Grant Entitlement Program (U.S. Dept. of HUD) b. Home Investment Partnerships (HOME) Entitlement Program (U.S. Dept. of HUD) $ 306,790 c. Highway Safety Improvement Program (HSIP) $ 1,800,000 d. Section 8 Housing Choice Vouchers (U.S. Dept. of HUD) $ 9,524,600 Subtotal of Federal Resources $ 12,483,835 taiuf� VR z a. State Redevelopment Funds to Recognized Obligations $ 14,970,000 b. Safe Routes to School Grant $ 2,405,000 c. Transnet Highway Fund- Proposition A $ 838,600 d. Proposition 84 Storm Water A Avenue Green Street $ 2,500,000 e. Community Based Transportation Planning - CALTRANS $ 300,000 f. Gas Tax Fund for Capital Improvements $ 1,200,d00 h. National City Library Wings Grant $ 1,012,000 Subtotal of State Resources $ 23,225,600 a. County of San Diego Senior Nutrition Program $ 380,500 Subtotal of County Resources 5 380,500 a. City General Funds —Community Services $ 1,068,864 b. City General Funds — Neighborhood Services $ 512,547 c. City General Funds -Capital Improvement Fund $ 2,483,124 d. Bicycle Transportation Grant-SANDAG $ 355,500 e. Active Transportation Grant- SANDAG $ 1,1A0,000 f. Smart Growth Initiative - SANDAG 52,000,000 h. Library Capital Outlay Fund $ 335,000 i. City General Funds -National City Nutrition Center $ 366,260 Subtotal of Local Resources $ 8,221,295 q y * .G r � . `».`S4' t v�ima.- l� ".. fioeS�Mz � `; pp pt Fourth Program Year Action Plan 15 Version 2.0 National City Managing the Process 1 Identify the lead agency, entity, and agencies responsible for 'administering programs covered by the consolidated plan. 2. Identify the significant aspects of the process by which the plan was developed, and the agencies, groups, organizations, and others who participated in the process. 3. Describe actions that will take place during the next year to enhance coordination between public and private housing, health, and social service agencies. Program Year 4 Action Plan Managing the Process response: 1. Lead Agency There are many organizations that play key roles in implementing the City's Five - Year Consolidated Plan and Annual Action Plans. The City of National City serves as the lead agency coordinating these organizations and the consolidated planning and application submission process. The City of National City's Housing and Grants Division oversees the programs funded by the Consolidated Plan and prepares the City's Annual Action Plan (AAP) and Consolidated Annual Performance Evaluation and Review (CAPER). The National City Finance Department is responsible for the accounting of the CDBG and HOME funds. The Housing and Grants Division is responsible for administering the programs funded by CDBG and HOME funds and will oversee the City's Housing Authority, which administers the Section 8 program for the City. 2. Plan Development Process An integral part of the development of both the Consolidated Plan and the annual Action Plan is public participation. The Consolidated Plan was developed through an extensive participatory process. To gauge the nature and extent of needs to help the City prioritize the uses of limited CDBG and HOME funds for the five-year period, the City used a number of research methods: • Analysis of demographic and housing market characteristics and their impacts on housing and community development needs using statistical and empirical data; • Housing and Community Development Needs Survey completed by residents; • A community workshop; and • Interviews with agencies and social service providers. The City maintains a contact list of interested parties; Notices of Funding Availability are sent to these parties. Applicants for funding are provided with technical assistance training that ensures not only eligibility and compliance with HUD regulations but it also provides applicants with support in creating a competitive application. In addition, public notices are published local newspapers announcing Fourth Program Year Action Plan 16 Version 2.0 National City the CDBG/HOME application funding process. For FY 2013-2014, the City received applications from 11 nonprofit agencies. Table 4 on page 16 illustrates the public participation opportunities provided during the development of the FY 2013-2014 Action Plan. 3. Actions to Enhance Coordination between Agencies During FY 2013-2014, the City will take the following actions to enhance coordination between agencies: ■ As appropriate, City staff participates in boards, commissions, task forces, and committees formed for various purposes. For example, National City is represented or participates in the following: o Regional Fair Housing Board o Regional Task Force on the Homeless, Inc. o San Diego Association of Governments Technical Committee o Community Reinvestment Task Force o San Diego Housing Federation o CDBG/HOME Coordinators Quarterly Meeting • Target available CDBG funding to those areas and populations exhibiting the greatest need. ■ Encourage social service providers to work with developers and CHDOs to provide service -enriched housing. Services may include healthcare referrals, financial counseling, and/or case management. ■ Assist county, state, federal, educational, and private organizations involved in economic development and job training in targeting their efforts toward those areas of National City exhibiting the greatest need. • Citizen Participation 1. Provide a summary of the citizen participation process: 2. Provide a summary of citizen comments or views on the plan. 3. Provide a summary of efforts made to broaden public participation in the development of the consolidated plan, including outreach to minorities and non- English speaking persons, as well as persons with disabilities. 4. Provide a written explanation of comments not accepted and the reasons why these comments were not accepted. *Please note that Citizen Comments and Responses may be included as additional files within the CPMP Tool. Program Year 4 Action Plan Citizen Participation response: Fourth Program Year Action Plan 17 Version 2.0 National City 1. Citizen Participation Process National City encourages its residents to become involved in the development of the plans and documents that outline the housing and community development needs, goals, objectives, and funded activities for the community. As required by HUD, the City follows a Public Participation Plan in the planning and evaluation of programs in the Annual Action Plan. The Public Participation Plan establishes the City Council as the primary responsible body for CDBG and HOME project and plan review. The intent of the Public Participation Plan is to receive more direct public feedback and participation in the Annual Action Plan process. In accordance with the Public Participation Plan, the City of National City utilized the strategy and timeline depicted in Table 5 to solicit meaningful input for preparing the FY 2013-2014 Annual Action Plan. Table 5: FY 2013-2014 Annual Action Plan Public Participation Process November27, 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 Fourth Program Year Action Plan 18 Version 2.0 National City 2. Comments Received The 30-day public review period of the FY 2013-2014 Action Plan began on March 27, 2013 and ended on April 25, 2013. No public comments were received during the public review period. In addition, no public comments were received during the City Council Final Public Hearing held on May 7, 2013. 3. Efforts to Broaden Public Participation To broaden public participation, the City advertised public notices for the City Council public hearings in the San Diego Union Tribune. The application for CDBG/HOME funding was circulated to various community groups and agencies/service providers. The draft FY 2013-2014 Annual Action Plan was posted on the City's website and made available at City Hall at the office of the City Clerk. Notice of the 30-day public review for the Action Plan was made available in the San Diego Union Tribune. Translation services were also available upon request in relation to documents and public meetings. Persons with disabilities are able to request special accommodations at all public meetings. Copies of the FY 2013-2014 Annual Action Plan public notices and proof of publications (affidavits) are included in Appendix B. 4. Comments Not Accepted There were no comments received during the 30-day public comment period. Fourth Program Year Action Plan ISM 19 Version 2.0 National City Institutional Structure 1. Describe actions that will take place during the next year to developinstitutional structure. Program Year 4 Action Plan Institutional Structure response: 1. Institutional Structure National City strives to foster and maintain relationships with other agencies to establish an institutional structure that maximizes its resources. As such, many organizations play a key role in implementing the City's Consolidated Plan strategy and the component Annual Action Plan (public agencies, non-profit organizations, and private industry). The City's Housing, Grants, and Asset Management Department has oversight responsibility for the coordination of these agencies. City of National City The City of National City Housing, Grants, and Asset Management is responsible for administration and compliance of CDBG and HOME programs and grant management. The City's Finance Department is responsible for the accounting and financial processes related to the CDBG and HOME programs. The Finance Department closely oversees CDBG and HOME related financial responsibilities, and has implemented policies and procedures to accurately monitor, transact, and draw down from the Integrated Disbursement and Information System (IDIS). To enhance the coordination of the CDBG/HOME grant administrative activities, the City recently underwent restructuring of the organization. In addition, resources are allocated to training and consulting services that may assist with internal efficiencies. Staff participates in HOME and CDBG Administration Certification, Environmental Review, and IDIS trainings that assist in the development of better planning, record keeping, monitoring and reporting functions. National City Housing Authority The National City Housing Authority administers the Housing Choice Voucher Program for eligible low-income households and seniors who either live or work in National City. The Housing Authority conducts interviews and evaluations and inspects all assisted units to ensure that they are in decent, safe, and sanitary condition at initial lease -up and during the annual recertification process. To ensure consistency between program implementation, the City Manager oversees the Housing Authority and the Section 8 program via the Housing and Grants Division. To enhance the coordination of the CDBG/HOME grant administrative activities, the City recently underwent restructuring of the organization. Figure 2 on the following page provides an overview of National City's organization. Fourth Program Year Action Plan 20 Version 2.0 National City Figure 3: National City Organization Chart Fiscal Year 2013-2014: Proposed City Attorney Director of Administrative Services Finance Human Resources MIS Risk Management Neighborhood Councils Emergency Services J Building Fire National City Residents Mayor and City Council City Manager City Clerk Engineering & Public Works Engineering Environmental Compliance Public Works Executive Director Community Development Community Services 1 Library INeighborhood 11 Savlces 1 Planning City Treasurer Recants Manager Management Grants Housing eusi =r,RMbn Fourth Program Year Action Plan 21 Version 2.0 National City National City Neighborhood Council Program The Neighborhood Council Program was developed in an effort to improve community communication and to bring community services directly to National City residents. Historically, National City residents indicated that they feel disconnected from City Hall. By holding monthly Neighborhood Council meetings and special events, the Neighborhood Council Program has created a path for resident participation and a forum for civic training. Furthermore, this program helps to instill civic pride into National City neighborhoods. Through the Neighborhood Councils, residents plan events to beautify their neighborhoods and seek ways in which they themselves can assist in reducing neighborhood crime. This unique program also helps residents to increase awareness of their surroundings and better identify those areas that are in need of service. The program supports volunteerism and community engagement. Most importantly, the Neighborhood Councils help unify neighborhoods and further enhance the image of National City. County of San Diego and Other Regional Organizations The City collaborates with the County of San Diego, Regional Task Force on the Homeless, CSA San Diego, and other agencies and organizations for the provision of housing and community development programs and activities. Non -Profit Organizations Non-profit organizations play a vital role in implementing the Consolidated Plan. Non-profit organizations form a network of resources that address a wide variety of housing and community development needs. These organizations provide a valuable link between the population in need of assistance and the pool of resources available. The City works with a number of qualified service providers that cater to the needs of low- and moderate -income persons and persons with special needs. Monitoring 1. Describe actions that will take place during the next year to monitor its housing and community development projects and ensure long-term compliance with program requirements and comprehensive planning requirements. Program Year 4 Action Plan Monitoring response: 1. Monitoring The City's Housing and Grants Division monitors the programmatic, financial, and regulatory performance of all entitlement grant activities carried out in furtherance of the Consolidated Plan and each annual funding plan, including the FY 2013-2014 Annual Action Plan, to ensure long-term compliance with the requirements of the programs involved. The primary objectives of the Housing and Grants Division monitoring procedures are to: Fourth Program Year Action Plan 22 Version 2.0 National City • Ensure that sub -recipients comply with all pertinent regulations governing their administration. • Ensure that sub -recipients achieve their performance objectives within their program year and budget. • Assess capabilities and/or any potential needs for training or technical assistance these areas. Below is a description of the methodology the Housing and Grants Division has put into place to track housing and community development projects. Sub -recipient Compliance/Monitoring Plan CDBG and HOME Program Sub -recipient Orientation During the grant application process, sub -recipients are invited to attend an orientation seminar designed to provide technical assistance in developing successful grant applications. In addition, regulatory CDBG and HOME program requirements are discussed. Staff also provides one-on-one consultation with the CDBG and HOME program applicants to assist in application development. Sub -recipient Pre -Award Screening Prior to the funding award, all sub -recipients receive pre -contract review to assess the capacity of the agency's administrative and fiscal management systems to successfully complete the proposed activities. This requirement pertains to all sub - recipients, regardless of whether they are involved in a general competitive application process or in a more selective request for proposal process. Post -Award Monitoring After funding approval, sub -recipients are required to attend a Grant Administration Workshop designed to cover the necessary reporting and reimbursement requirements. Ongoing, informal "desktop" monitoring and technical assistance is provided on a continual basis for all programs, as monthly billings are reviewed and processed. On -site monitoring visits will be conducted on an annual basis, based upon completed risk assessments of the contracted agencies. Additional on -site technical assistance visits will be performed on an as -needed basis. During FY 2013-2014, the Grants and Housing Department's goal is to conduct the following formal on -site monitoring visits for CDBG and HOME program activities: • CDBG program: Approximately 3 to 5 sub -recipient on -site monitoring visits, based on risk assessment of funded agencies. All projects receive desk monitoring including compliance with CDBG regulations and cash management. • HOME program: All HOME projects currently in progress are monitored. Projects completed receive on -site visits every 3 years and a compliance desk review every year which includes reviewing tenant certifications, financial reports, and residual receipt payments. It is in the City's best interest that sub -recipients administer their programs as efficiently as possible. To ensure sub -recipient compliance, the City may assist its partners by contracting with outside professionals/consultants to monitor agencies, or to accompany staff while conducting comprehensive business audits/monitoring. Public facility and infrastructure projects with overlay statutory requirements such as Fourth Program Year Action Plan 23 Version 2.0 National City Davis -Bacon, Uniform Relocation Act, environmental review, etc. will be implemented, administered, and monitored for compliance with the appropriate statutes and regulations. Projects administered by City departments will be monitored through City auditing procedures. City Departments receiving CDBG or HOME allocations for projects will be required to execute a Memorandum of Understanding with final approval by the Housing and Grants Division Manager stating the project goals, timeline, and budget. The Memorandum will also affirm the corresponding Department's commitment to spend the allocation in a timely and compliant manner. City Departments will be required to submit quarterly progress reports corresponding to the initial timeline submitted with documentation showing that the project funded is moving forward as planned. If there are two consecutive quarters without documented progress, the project will be subject to closer monitoring review on a monthly basis for one quarter. If the project does not resume progress during the monitoring period or within a quarter following the monitoring of the project, the City Council will be provided with notification and staff may suggest further action(s) including the reallocation of funds to other projects. Grantee Compliance/Monitoring Plan HOME Assisted Projects Monitoring The City monitors all HOME -assisted rental housing projects once a year. The City requests information regarding tenant qualification, rents charged and financial and asset management as part of the monitoring program. Once the information is requested, a thorough analysis is completed by City staff to ensure that there is full compliance with HOME regulations and the affordability restrictions outlined by agreement. Once the initial documentation review is conducted, the City conducts an onsite monitoring visit, whereby primary documentation is requested to assess tenant qualifications in HOME -restricted units, check financial records to corroborate with all agreements, and conduct a physical inspection of all HOME assisted units by a certified housing inspector to ensure housing quality and compliance with lead - based paint regulations. The City also requires that owner -occupancy be verified on all HOME- or CDBG- assisted homeownership units once per year. The City sends out a request for certification of owner occupancy, which is confirmed through of their two most recent utility bills. If there is no response to the verification request, the City will send a representative to check occupancy at the address, and may request further documentation if necessary. Consolidated Annual Performance and Evaluation Report (CAPER) Each fiscal year, the City prepares a CAPER to illustrate how the City utilized CDBG, HOME, and other available resources during the previous fiscal year. In addition, the CAPER assesses the actual program accomplishments and compares these to the goals and objectives identified in the City's corresponding Annual Action Plan and Five -Year Consolidated Plan. Quarterly IDIS Draw Downs The City has an internal program goal of completing, at minimum, four Requests for Reimbursement (draw downs) for CDBG. The draw downs for the CDBG Program are electronically submitted via HUD's computer -based Integrated Disbursement and Fourth Program Year Action Plan 24 Version 2.0 National City Information system (IDIS). CDBG Program accomplishments are reported to HUD via IDIS on a quarterly basis. HOME activities are reported as they are set up (funded) and as they are completed. Packaging a residential development using HOME funds may require multi -year funding; therefore, quarterly draw downs may not always occur. Compliance with Outreach to Minority and Women's Business Enterprises The City of National City strongly encourages the involvement of minority and women owned businesses in contracting and material procurement activities related to HOME, CDBG, and other federally -funded rehabilitation and new construction projects. The City involves a diversity of contractors through a varied and documented outreach effort which serves to promote a level playing field and provide opportunities. To that end, general contractors will be instructed to consult the Disadvantaged Business Enterprise (DBE) Database from the Unified Certification Program of the State of California and the Public Agency Consortium -San Diego database to identify subcontractors and suppliers desirous of working on federally funded public works projects. In addition, both for public works contracting and residential projects not meeting the various thresholds that: would require the payment of Davis -Bacon Prevailing Wages, contractors will be directed to use a variety of on-line resources that provide access to databases of contractors located in the City of National City to meet the Cities' desire to involve the local contracting community in publicly funded projects. Other steps that will be encouraged include placing solicitations in local newspapers and trade papers and contacting various minority and women's business associations. The City will require reasonable documentation from the prime bidders that the identified contractors were actually solicited for their interest in bidding on the projects, including specific contact information and the response to the solicitation. In addition, the prime bidders will be required to have documentation available, on request, for review detailing all firms that submitted bids in various trade categories and why a particular firm was selected. On projects of $200,000 or more of total contract value, the prime bidders and first tier subcontractors will be requested to, when economically feasible, divide larger trade portions into smaller tasks to permit maximum participation by small minority and women -owned businesses and disadvantaged business enterprises. Compliance with the National City Affirmative Fair Housing Marketing Plan The City requires that all HUD -assisted projects comply with the City of National City Affirmative Fair Housing Marketing (AFHM) Plan that was approved by the City Council in March 2008. The AFHM Policy provides the policies and procedures to be followed by Sub -recipients, developers, owners, and sponsors participating in the development or management of HUD -assisted projects with five or more units to ensure the affirmative steps and actions are taken to provide information and otherwise attract eligible persons in the housing market area to 1:he available housing without regard to race, color, national origin, sex, religion, familial status, or disability. Fourth Program Year Action Plan 25 Version 2.0 National City Lead -based Paint 1. Describe the actions that will take place during the next year to evaluate and reduce the number of housing units containing lead -based paint hazards in order to increase the inventory of lead -safe housing available to extremely low-income, low-income, and moderate -income families, and how the plan for the reduction of lead -based hazards is related to the extent of lead poisoning and hazards. Program Year 4 Action Plan Lead -based Paint response: 1. Actions to Evaluate and Reduce Lead -Based Paint Hazards National City is identified as a high risk for lead poisoning due to a high percentage of housing built prior to 1970, a large percentage of children who are younger than six years old (when lead poisoning is most prevalent) and a high percentage of children under six living in poverty. In response to the lead -based paint legislation, National City designed a lead -based paint hazard program to inform National City residents of lead hazards and instruct households on measures they can do to limit the impacts of lead -based paint. Specifically, National City has received both a Lead Hazard Control Grant (LHCG) and a Healthy Homes Demonstration Grant from HUD for lead sampling/testing, stabilization, and abatement activities. The LHCG and Healthy Homes performance periods have ended; however, the City has implemented a lead hazard control grant component to owner occupied housing rehabilitation program. . The City of National City designs its various housing programs to comply with 24 CFR Part 35. The City has also developed lead guidelines for all housing programs. The guidelines include specific requirements for the First -Time Homebuyer Program and the Housing Rehabilitation Programs. Specifically, the City will inform residents applying for loans or grants about the hazards of lead -based paint. The City will not participate in down payment or closing cost assistance on any house containing lead paint unless appropriately disclosed, mitigated and/or abated as a condition of the sale and prior to occupancy of the unit. City Housing Rehabilitation Programs will allow for the abatement of lead -based paint as an eligible activity for loan assistance. Code enforcement and building inspectors will also continue to identify lead -based paint hazards as part of their ongoing activities and investigations. Fourth Program Year Action Plan 26 Version 2.0 National City Specific Housing Objectives *Please also refer to the Housing Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve during the next year. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs. for the period covered by this Action Plan. Program Year 4 Action Plan Specific Objectives response: 1. Housing Priorities and Specific Objectives The 2010-2015 Consolidated Plan identifies the following housing priorities: • Conserve and improve affordable housing. • Provide first-time homebuyer opportunities. • Support new affordable housing construction. • Promote equal housing opportunity. • Preserve assisted housing at risk of converting to market rate. The intended outcomes of the Consolidated Plan include conservation and improvement of existing affordable housing, increased development of affordable housing, first-time homebuyer opportunities for low- and moderate -income households, and the promotion of equal housing opportunities. In an effort to accomplish the desired outcomes, the Consolidated Plan sets objectives that are carried out over the course of five years, as outlined in Table 6. Table 6: Consolidated Plan Five -Year Housing Priorities and Objectives Priority 1: Conserve and Improve Affordable Housing • Provide funding for minor rehabilitation of 50 housing units. • Provide funding to rehabilitate/repair 12 housing units. • Provide funding to assist 750 housing units with housing inspections. • Continue to educate residents on health dangers of lead, and encourage screening of children for elevated blood -lead levels by providing educational materials as part of the City's various housing rehabilitation programs. • Require testing and lead hazard reduction in conjunction with rehabilitation. • Provide educational materials on lead hazards to tenants and landlords as part of City inspections. Priority 2: Provide First -Time Homebuyer Opportunities • Provide homeownership assistance to 25 households. Priority 3: Support New Affordable Housing Construction • Support the rehabilitation and/or construction of 50 affordable housing. Priority 4: Promote Equal Housing Opportunity • Support fair housing services through assistance to fair housing counseling and enforcement organizations. Annually evaluate the services provided by the organizations to ensure that adequate and appropriate services are provided, and Fourth Program Year Action Plan 27 Version 2.0 National City Table 6: Consolidated Plan Five -Year Housing Priorities and Objectives revise contracts as appropriate. • Actively advertise the services provided to National City residents in public locations such as City Hall and community centers. ■ Continue to comply with the fair housing planning requirements of CDBG and HOME programs, including actions to address any impediments to fair housing. Priority 5: Preserve Assisted ,Housing at Risk of Converting to Market Rate • Monitor units at risk of converting to market rate (Granger Apartments, Inter City Manor, and Plaza Manor). • Establish contact with public and nonprofit agencies interested in purchasing and/or managing units to inform them of the status of the three at -risk projects. Where feasible, provide technical assistance to these organizations with respect to financing. • California law requires property owners to give a 12-month notice of their intent to opt out of low-income use restrictions. The City will work with tenants of at -risk units and provide them with information regarding Section 8 rent subsidies and other affordable housing opportunities in the City. • National City administers its own Section 8 voucher and certificate programs. The City will assist tenants of at -risk housing units to obtain priority status if there is a conversion to market rate and if tenants' income and housing costs meet eligibility requirements. In FY 2013-2014, the City will pursue the following housing objectives, consistent with the associated FY 2010-2015 Consolidated Plan. FY 2013-2014 Annual Action Plan Housing Objectives: 1. Conserve and Improve Affordable Housing: The City will pursue the following activities: City of National City: Owner -Occupied Rehabilitation Program The primary purpose of program is to provide decent, safe, and sanitary housing throughout National City. The program revitalizes aging single-family properties in the City of National City and assists low income homeowners with financing to rehabilitate their property. Households must have an annual gross income that does not exceed 80% of the area median income for San Diego County. • Proposed Accomplishment: 3 Residential Units • 2013-2014 Funding: $276,111 HOME Funds City of National City: Housing Inspection Program The Program will address housing quality issues related to violations of the Housing and Safety Code. These issues threaten occupant life safety, structural integrity, sustainability of the housing stock and economic viability of surrounding parcels and neighborhoods. • Proposed Accomplishment: 140 Housing Units ■ 2013-2014 Funding: $121,000 CDBG Funds 2. Promote Equal Housing Opportunity: The City will pursue the following activities: Center for Social Advocacy San Diego County; Fair Housing and Tenant -Landlord Education Fourth Program Year Action Plan 28 Version 2.0 National City The City contracts with the Center for Social Advocacy San Diego County (CSA) to perform investigation, reporting, monitoring, tenant counseling, and landlord training on fair housing law. • Proposed Accomplishment: o Support fair housing services through assistance to fair housing counseling and enforcement organizations. Annually evaluate the services provided by the organizations to ensure that adequate and appropriate services are provided, and revise contracts as appropriate. o Actively advertise the services provided to National City residents in public locations such as City Hall and community centers. o Continue to comply with the fair housing planning requirements of CDBG and HOME programs, including actions to address any impediments to fair housing. • 2013-2014 Funding: $35,000 CDBG Funds 3. Preserve Assisted Housing at Risk of Converting to Market Rate: The City will pursue the following activities: Preservation of At -Risk Housing As of March 2013, there are 3 projects in National Cil:y with 735 assisted housing units at risk of converting to market rate. The City will implement the following objectives on an ongoing basis to conserve the affordable housing stock at risk of conversion. Proposed Accomplishment: Fourth Pro • Monitor At -Risk Units Annually - Monitor the three federally assisted housing projects that are at risk of converting to market rate. • Work with Potential Purchasers - Establish contact with public and nonprofit agencies interested in purchasing and/or managing units to inform them of the status of the three at -risk projects. Where feasible, provide technical assistance to these organizations with respect to financing. • Tenant Education - California Government Code Section 65863.10(b)1 requires property owners give a 12-month notice of their intent to opt out of low income use restrictions. The City will work with tenants of at -risk units and provide them with information regarding Section 8 rent subsidies and other affordable housing opportunities in the City. • Identify funding sources to preserve affordability or construct replacement units. • Assist Tenants of Assisted Units to Obtain Priority Status on Section 8 Waiting List - CDC administers its own Section 8 voucher and certificate programs. The City will assist tenants of at -risk housing units to obtain priority status if there is a conversion to market rate and if tenants' income and housing costs meet eligibility requirements • 2013-2014 Funding: Not one of the CDBG or HOME programs gram Year Action Plan 29 Version 2.0 National City 2. Federal, State, and Local Public and Private Sector Resources National City has access to a variety of federal, state, and local resources to achieve its housing goals. Specific funding sources will be utilized based on the opportunities and constraints of each project or program. Major sources of funding available to the City for implementing housing and community development activities are described under response 4 of the General Questions Section of this document. Needs of Public Housing 1. Describe the manner in which the plan of the jurisdiction will help address the needs of public housing and activities it will undertake during the next year to encourage public housing residents to become more involved in management and participate in homeownership. 2. If the public housing agency is designated as "troubled" by HUD or otherwise is performing poorly, the jurisdiction shall describe the manner in which it will provide financial or other assistance in improving its operations to remove such designation during the next year. Program Year 4 Action Plan Public Housing Strategy response: 1. Public Housing Needs The National City Public Housing Authority is a Section 8-only agency and administers and operates its own rental assistance program. National City has no authority to develop or maintain public housing. There is no public housing in the City. 2. Status of Public Housing Agency The National City Housing Authority is not identified by HUD as a "troubled" agency. Barriers to Affordable Housing 1. Describe the actions that will take place during the next year to remove barriers to affordable housing. Program Year 4 Action Plan Barriers to Affordable Housing response: Fourth Program Year Action Plan 30 Version 2.0 National City 1. Removing Barriers to Affordable Housing The 2010-2015 Consolidated Plan describes various governmental and non- governmental factors that may result as barriers to affordable housing. Governmental Barriers include: • Land Use Regulations • Permit and Processing Costs • Article 34 • Prevailing Wages Non -Governmental Barriers include: • Availability of Financing • Cost of Land • Cost of Constructions In an effort to remove barriers to affordable housing, National City implements a Housing Element that is consistent with California law and takes actions to reduce costs or provide off -setting financial incentives to assist in the production of safe, high -quality, affordable housing. In addition to continual monitoring of barriers to affordable housing through the Housing Element, National City will also implement the following actions to remove barriers to affordable housing: • Periodically review and modify City polices and regulations to respond to state and federal laws, changing market conditions, and development trends. • Continue to implement the Housing Element, including implementation programs directed at reducing barriers to affordable housing development. • Continue to provide rehabilitation assistance, homeownership assistance, and rental assistance through the Section 8 program, and to assist in the construction of affordable housing to expand affordable housing opportunities in National City. HOME/American Dream Down payment Initiative (ADDI) 1. Describe other forms of investment not described in § 92.205(b). 2. If the participating jurisdiction (PJ) will use HOME or ADDI funds for homebuyers, it must state the guidelines for resale or recapture, as required in § 92.254 of the HOME rule. 3. If the Pi will use HOME funds to refinance existing debt secured by multifamily housing that is that is being rehabilitated with HOME funds, it must state its refinancing guidelines required under § 92.206(b). The guidelines shall describe the conditions under which the Pi will refinance existing debt. At a minimum these guidelines must: a. Demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing. Fourth Program Year Action Plan 31 Version 2.0 National City b. Require a review of management practices to demonstrate that disinvestments in the property has not occurred; that the long-term needs of the project can be met; and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated. c. State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both. d. Specify the required period of affordability, whether it is the minimum 15 years or longer e. Specify whether the investment of HOME funds may be jurisdiction -wide or limited to a specific geographic area, such as neighborhood identified in a neighborhood revitalization strategy under 24 CFR 91.215(e)(2) or a Federally designated Empowerment Zone or Enterprise Community. f. State that HOME funds cannot be used to refinance multifamily loans made or insured by any federal program, including CDBG. 4. If the PH is going to receive American Dream Down Payment Initiative (ADDI) funds, please complete the following narratives: a. Describe the planned use of the ADDI funds. b. Describe the PJ's plan for conducting targeted outreach to residents and tenants of public housing and manufactured housing and to other families assisted by public housing agencies, for the purposes of ensuring that the ADDI funds are used to provide down payment assistance for such residents, tenants, and families. c. Describe the actions to be taken to ensure the suitability of families receiving ADDI funds to undertake and maintain homeownership, such as provision of housing counseling to homebuyers Program Year 4 Action Plan HOME/ADDI response: 1. Other Forms of Investments National City intends to use HOME funds to support owner -occupied rehabilitation, rental rehabilitation, and new construction through collaboration with non-profit developers, specifically Community Housing Development Organizations. No other forms of investment not described in § 92.205(b) are anticipated for FY 2013-2014. 2. Guidelines for Recapture Recapture Provisions in accordance with 24 CFR § 92.254(a)(5)(ii) To ensure HOME affordability requirements are met, the City of National City includes recapture provisions in all homebuyer loans. The recapture approach permits the original homebuyer to sell the property to any willing buyer during the period of affordability on the unit while the City is able to recapture all or a portion of the HOME assistance provided to the original homebuyer. The City did not provide any additional funding for the first time homebuyer program for FY 2013-14 Annual Action Plan. The currently funded program will recapture funds in accordance with § 92.254(a)(5)(ii) of the HOME Final Rule. The City is obligated to recapture the direct HOME subsidy to the unit in accordance with the four acceptable options which include: (1) recapturing the entire amount of direct home subsidy, (2) reduction Fourth Program Year Action Plan 32 Version 2.0 National City during the affordability period, (3) owner investment returned first, or (4) shared net proceeds. National City First Time Home Buyer Prooram In the Fourth Year Action Plan the First Time Home Buyer Program was not funded for Program Year 2013-2014. The First Time Home Buyer Program was appropriated $200,000 in Fiscal Year 2012-2013. The City has opted to recapture the entire amount of the direct HOME subsidy provided to the homebuyer from net proceeds at sale or upon transfer (as defined below) of the assisted housing unit. If the property is not sold in 30 years from the effective date of the loan, any unpaid principal amount of HOME assistance becomes due. Since net proceeds available at the time of sale may be insufficient to recapture the direct HOME subsidy, the City's recapture amount is limited to the net proceeds available from the sale of the housing unit. The City is not required to repay the difference between the total direct HOME subsidy and the amount the City is able to recapture from net proceeds. The program also includes a provision to share any appreciation on the property within the first ten years. Regardless of the amount of appreciation to be shared, any unpaid principal amount will be due from net proceeds. The reason for designing the program with the shared appreciation provision, defined in the following recapture provision as "Equity," was to address concerns for the disproportionately high amount of renter -occupied single family units in the City. The shared appreciation provision would effectively add stability to the neighborhood by incentivizing the homeowner to remain in the home for the ten years. Any "Equity" collected above the initial direct HOME subsidy would not be considered recaptured funds. Instead, any "Equity" collected above the principal amount would be considered program income. The City has included the following recapture provision in the deed of trust executed by the Borrower and publicly recorded at when at the close of escrow on the subject property: Transfer of the Property or a Beneficial Interest in Borrower If there is a "transfer", the principal amount of the Note, together with a share of the "Equity" (if any), as hereafter defined, shall be immediately due and payable to the Beneficiary. A "transfer" means (i) all or any part of the Property or any interest in the Property is sold, conveyed or transferred; (ii) Borrower is not a natural person and a beneficial interest in Borrower is sold, conveyed or transferred; (iii) all or any part of the Property is refinanced, except as otherwise allowed by law; (iv) Borrower does not occupy the Property as his, her, or their primary residence; (v) the leasing of all or any part of the Property; (vi) any material breach of this Deed of Trust, the Note or the Home Agreement; or (vii) the filing of bankruptcy by the Borrower. The Equity in the Property shall be calculated and shared between the Borrower and the Beneficiary on the following basis: If, for example, the Property is sold in the first year of the term of the Note secured by this Deed of Trust, Borrower shall receive fifty percent (50%) of the Equity in the Property and the Beneficiary shall receive fifty percent (50%) of the Equity. "Equity" is defined as the dollar amount that constitutes the difference between the sales price of the Property (or in the event of a sale of the Property for an amount other than its fair market value or where there is no price established for the Property (i.e., rental or refinancing the Fourth Program Year Action Plan 33 Version 2.0 National City Property, Borrower's failure to occupy the Property, material breach of the Note, HOME Agreement or this Deed of Trust; or the filing of bankruptcy by the Borrower, the fair market value of the Property determined by an appraiser chosen by the Beneficiary in its sole discretion) and the sum of the following amounts: (a) The principal on the First Note and the Deed of Trust (including all principal paid down on the First Note and Deed of Trust), along with any interest and fees due thereon; and (b) The principal on the Note and this Deed of Trust, along with any interest and fees due thereof; and (c) All costs of sale, including costs of brokers' commissions, escrow fees, title costs and fees, recording costs, etc.; and (d) Current year taxes, including all real estate taxes calculated to the date of sale; and (e) The Borrower's down payment not including the loan from the Beneficiary to Borrower; and (f) The costs of any improvements to the Property, provided such improvements were approved by the Beneficiary prior to construction and provided that such improvements have been documented to the satisfaction of the Beneficiary. The amount of the Borrower's share in the Equity of the Property shall increase by five percent (5%) per year, measured on the anniversary of the date this Deed of Trust is recorded against the Property. Correspondingly, the Beneficiary's share in the equity of the Property shall decrease by five percent (5%) per annum. For the sake of example, if the Property is sold more than five (5) but less than six (6) years after the date this Deed of Trust is recorded against the Property, the Beneficiary would have a twenty five percent (25%) share in the equity and the Borrower would have a seventy five percent (75%) share in the Equity of the Property. In the event that no Equity exists at the time of transfer or sale, the balance of the Note will be due and payable as provided herein and in the Note. In the event that a negative Equity situation exists, i.e., the proceeds from the sale of the Property are less than the balance of the Note, all net proceeds from the transfer or sale shall be paid to Beneficiary in full satisfaction of the Note. When the HOME recapture requirement is triggered by a sale (voluntary or involuntary) of the housing unit, and there are no net proceeds or the net proceeds are insufficient to repay the home investment due, the participating jurisdiction can only recapture the net proceeds, if any. The net proceeds are the sales price minus superior loan repayment (other than HOME funds) and any closing costs. Habitat for Humanity Acouisition to Homeownership Program The San Diego Habitat for Humanity Acquisition to Homeownership Program did not receive additional funding for Fiscal Year 2013-2014. However, Habitat for Humanity was awarded $650,000 in HOME funds in Fiscal Year 2012-2013 for a new program that will rehabilitate and/or develop 6 housing units that will be sold to first time homebuyers with annual incomes less that 80% of the Area Median Income. The Program will use the same recapture provisions as the First Time Homebuyer program as described above. HOME Match Fourth Program Year Action Plan 34 Version 2.0 National City Federal match requirements apply to the City's HOME funds. The HOME program requires that for every HOME dollar spent, the City must provide a 25 percent match with non-federal dollars. HUD allows the City to use various resources to meet this match requirement. The HOME match obligation may be met with any of the following eligible sources: ■ Cash or cash equivalents from a non-federal source ■ Value of donated land or real property ■ A percentage of the proceeds of single- or multi -family housing bonds issued by state, state instrumentality, or local government ■ Value of donated materials, equipment, labor, and professional services ■ Sweat equity According to HOME program guidelines, no more than 25 percent of the City's match liability for any one year can be met through loans to housing projects, but amounts in excess of that may be banked as match credit for future years. Section 92.222 of the HOME regulations provides that HUD may grant a match reduction to local participating jurisdictions in fiscal distress (50 percent match reduction) and severe fiscal distress (100 percent match reduction) for the fiscal year in which the finding is made and the subsequent fiscal year. The HUD Match Reduction listing for 2013 indicates a 100 percent match reduction for National City (Table 8). The regulations allow for the City to claim a 100% for Program Year 2013 (FY 2013-2014). Table 8: National Ci HOME Match Reduction 2012 and 2.013 3. Guidelines for Refinancing Not applicable. The City of National City will not utilize HOME funds to refinance debt services for multi -family housing that is being rehabilitated with HOME funds. 4. Use of ADDI Funds Not applicable. The City of National City is not a recipient of ADDI funds and the ADDI program has been discontinued by HUD. Specific Homeless Prevention Elements *Please also refer to the Homeless Needs Table in the Needs.xls workbook. Fourth Program Year Action Plan 35 Version 2.0 National City 1. Sources of funds -Identify the private and public resources that the jurisdiction expects to receive during the next year to address homeless needs and to prevent homelessness. These include the McKinney-Vento Homeless Assistance Act programs, other special federal, state and local and private funds targeted to homeless individuals and families with children, especially the chronically homeless, the HUD formula programs, and any publicly -owned land or property. Please describe, briefly, the jurisdiction's plan for the investment and use of funds directed toward homelessness. 2. Homelessness -In a narrative, describe how the action plan will address the specific objectives of the Strategic Plan and, ultimately, the priority needs identified. Please also identify potential obstacles to completing these action steps. 3. Chronic homelessness -The jurisdiction must describe the specific planned action steps it will take over the next year aimed at eliminating chronic homelessness by 2014. Again, please identify barriers to achieving this. 4. Homelessness Prevention -The jurisdiction must describe its planned action steps over the next year to address the individual and families with children at imminent risk of becoming homeless. 5. Discharge Coordination Policy —Explain planned activities to implement -a cohesive, community -wide Discharge Coordination Policy, and how, in the coming year, the community will move toward such a policy. Program Year 4 Action Plan Special Needs response: 1. Sources of Funds The City of National City does not receive McKinney-Vento Homeless Assistance Act Emergency Shelter Grant (ESG), Supportive Housing, Shelter Plus Care, or Section 8 SRO Program funds. However, in accordance with the 2010-2015 Consolidated Plan objective to help prevent homelessness and protect at -risk populations, National City will assist homeless and/or persons -at risk of becoming homeless through continued support and participation in the San Diego County Continuum of Care System for coordinating and providing assistance to persons at risk of becoming homeless. The City has an internal Homeless Committee, composed of representatives form various City departments, to effectively evaluate homeless needs and services, and implement the Continuum of Care. The 2010-2015 Consolidated Plan identifies the following homeless priority and objectives: • Support housing and services for homeless and persons at -risk of homelessness. o Continue to support and participate in the San Diego Continuum of Care System for the delivery of services to the homeless populations. o Coordinate with Emergency Food and Shelter Programs to bring funds into the region and address the needs of the homeless and at -risk populations, including the chronic homeless population. Fourth Program Year Action Plan 36 Version 2.0 National City c Provide assistance to agencies and organizations that provide services to the homeless and/or persons at -risk of homelessness. Assist 300 persons over the five-year Consolidated Plan period. 2. Homelessness The Action Plan for FY 2013-2014 will address homeless needs and objectives through continued participation in the San Diego Continuum of Care and coordination of service providers and resources for the homeless through efforts of the CDBG- funded Homeless Assistance Program, and through collaboration on with non-profit homeless service providers. National City continues to participate and support the San Diego Continuum of Care Strategy as the primary delivery system of comprehensive and coordinated housing and services for the homeless. The County's regional Continuum of Care system provides emergency, transitional, and permanent supportive housing, plus services, to address the needs of homeless persons and enable transition to independent living. To better serve the homeless community, National City also formed a Homeless Committee, represented by staff from various City departments, including Public Works, Parks, Police, Human Resources, and Community Services. By bringing employees of the various departments together, the City is able to effectively evaluate the needs of the homeless from different perspectives. In 2009, the Homeless Committee created a set of goals and objectives. The City has been trying to attract more resources and complement any efforts to address the problem of homelessness. The Homeless Committee has effectively collaborated to communicate problems and provide solutions that can provide the best avenues for dealing with such a complex problem. The Homeless Committee is proactively looking for resources to ensure a high rate of success for the continuum of care model that has been implemented. Potential obstacles to completing these steps are lack of funding to provide support programs aimed at addressing homeless needs, and lack of staffing to participate in activities, programs, and organizations to implement regional strategies for addressing homelessness 3. Chronic Homelessness In 2004, National City participated in the regional planning effort coordinated by the County of San Diego to address chronic homeless. The effort culminated in the adoption of the Ten -Year Plan to End Chronic Homelessness in the San Diego region. The City will continue to collaborate with the county and neighboring jurisdictions to end chronic homelessness in the region. However, a major barrier to achieving this end is the lack of adequate funding to address the extensive and long-term needs of the chronic homeless. The City's planned action steps to eliminate chronic homelessness include: Fourth Program Year Action Plan 37 Version 2.0 National City • Apply for additional grant funding that will expand the PERT, and transitional housing programs that serve National City. • Work with the San Diego Regional Task Force on the Homeless to further identify needs of the chronic homeless population in National City. • Partner with homeless service agencies to provide information on the availability of housing, medical, and social services during the clearing of homeless camps in parks and open spaces. • Hold at least one health and human services event per year that will target and provide the chronic homeless with hygiene products, medical and dental check-ups, referrals to medical and social services providers, and other resources. 4. Homelessness Prevention More than 50 agencies provide supportive services for the homeless and persons at risk of becoming homeless in the region. In addition to the Community Food Bank of National City - Project Hunger/Project Independence, the following agencies also provide supportive services to National City residents. • National City Family Resource Centers have been instrumental in assisting families in need with a wide range of services. • MAAC Project has several human services programs that include housing, nutrition, and job training. • South Bay Community Services is a social service provider that includes transitional housing, emergency shelter, mental health services, general health services, and job counseling/training. Access to services offered by these agencies allows individuals to strengthen or stabilize the financial situation, preventing homelessness. Because homeless shelter facilities are limited in National City, the City primarily refers homeless people to shelters in downtown San Diego. Organizations and agencies that provide housing assistance services to National City are: Emergency Shelter • Home Start Inc. o Hotel Motel Vouchers • South Bay Community Services o Hotel Motel Vouchers Transitional Housing • South Bay Community Services o Casa De Transicion (73 beds, target population is households with children) o FOCUS (144 beds, target populations is households with children) o Trolley Trestle (20 beds, target populations are youth males and females) o Victorian Heights (32 beds, target populations are households with children and victims of domestic violence) o Casa Nueva Vida I (54 beds, target population is households with children) o Casa Nueva Vida II (12 units where families can stay up to 18 months) o Casa Nuestra (8 beds, target population are single males and females) Fourth Program Year Action Plan 38 Version 2.0 National City The City will continue to collaborate with agencies, organization, and neighboring jurisdictions, including the County, to address the needs of individuals and families with children at imminent risk of becoming homeless. 5. Discharge Coordination Policy The City of National City does not receive McKinney-Vento Homeless Assistance Act Emergency Shelter Grant (ESG), Supportive Housing, Shelter Plus Care, or Section 8 SRO Program funds and therefore does not have a Discharge Coordination Policy. Emergency Shelter Grants (ESG) (States only) Describe the process for awarding grants to State recipients, and 'a description of how the allocation will be made available to units of local government. Program Year 4 Action Plan ESG response: This section applies to states only; no response is required. Fourth Program Year Action Plan 39 Version 2.0 National City Community Development *Please also refer to the Community Development Table in the Needs.xls workbook. 1. Identify the jurisdiction's priority non -housing community development needs eligible for assistance by CDBG eligibility category specified in the Community Development Needs Table (formerly Table 2B), public facilities, public improvements, public services and economic development. 2. Identify specific long-term and short-term community development objectives (including economic development activities that create jobs), developed in accordance with the statutory goals described in section 24 CFR 91.1 and the primary objective of the CDBG program to provide decent housing and a suitable living environment and expand economic opportunities, principally for low and moderate -income persons. *Note: Each specific objective developed to address a priority need, must be identified by number and contain proposed accomplishments, the time period (i.e., one, two, three, or more years), and annual program year numeric goals the jurisdiction hopes to achieve in quantitative terms, or in other measurable terms as identified and defined by the jurisdiction. Program Year 4 Action Plan Community. Developmentresponse: 1. Community Development Priority Needs The 2010-2015 Consolidated Plan identifies the non -housing community development priorities in compliance with the CDBG eligibility requirements. • Provide for new and improve existing community facilities. • Provide for needed infrastructure improvements in low- and moderate -income areas. • Provide for needed community and supportive services • Provide for necessary planning activities The overall priority community development need for the FY 2010-2015 Consolidated Plan is to foster a suitable living environment for low- and moderate -income households. In an effort to meet the overall priority, the Consolidated Plan sets objectives that are carried out over the course of five years and shown on Table 9 of the following page. Fourth Program Year Action Plan 40 Version 2.0 National City Table 9: Consolidated Plan Five -Year Community Development Priorities and Objectives Priority 1: Provide for New and Improve Existing Community Facilities • Pursue three improvement projects to parks, recreational, and community facilities annually, for a total of 15 projects during the five-year Consolidated Plan period. • Continue to prioritize repayment of the Section 108 loan. CDBG funds and program income will be allocated for payment of the Section 108 loan. Priority 2: Provide for Needed Infrastructure Improvernents in Low- and Moderate -Income Areas • Pursue three to four improvement projects to infrastructure annually, for a total of two flood control and 15 street improvement projects during the five- year Consolidated Plan period. Priority 3: Provide for Needed Community and Supportive Services • Pursue public services for lower -income and special needs populations as identified on a yearly basis. Assist a total of 8,350 persons or households over the five-year Consolidated Plan period. Priorite4: Provide for Necessary Planning Activities • Annually review implementation of the Consolidated Plan and update the Action Plan and other components as necessary, but at least once per year. • Conduct monitoring of CDBG and HOME funded activities. • Ensure understanding of changing community needs through coordination with the Neighborhood Councils. • Support efforts to increase volunteerism in the community in order to assist in the removal of blight and increase community engagement. 2. Specific Long -Term and Short -Term Community Development Objectives National City has established the following priority and related objectives for the 2010-2015 Consolidated Plan period to address priority community development needs in the City: Priority: Suitable Living Environment: Availability/Accessibility • Improve and/or maintain public facilities and improvements for low- and moderate- income and/or special needs persons (10 projects). • Improve and/or maintain parks and recreational facilities for low- and moderate- income and/or special needs persons (5 projects). • Improve the quality of flood control infrastructure for low- and moderate - income areas (2 projects). • Improve the quality of street infrastructure for low- and moderate -income areas (15 projects). • Continue to prioritize repayment of the City's Section 108 loan. • Provide for necessary planning and administration activities associated with CDBG and HOME program administration. • Support public services to assist 8,850 low- and moderate -income and special needs persons. Fourth Program Year Action Plan 41 Version 2.0 National City For FY 2013-2014, the City has established the following community development objectives, consistent with the associated FY 2010-2015 Consolidated Plan: FY 2013-2014 Annual Action Plan Community Development Objectives: 1. Provide for New and Improve Existing Community Facilities: The City will pursue the following activities: City of National City: Payments on the Section 108 Loan used for the construction of Fire Station #34 The City of National City obtained a loan under Section 108 for the construction of a new main Fire Station. HUD's guarantee of the promissory note under Section 108, pledges Community Development Block Grants as security for HUD's guarantee. The loan principal has been partially paid down through FY2013-2014 with program income funds allocated in FY2008-2009. • Proposed Accomplishment: Complete Section 108 Payments for FY13-14 • 2013-2014 Funding: $247,161 CDBG Funds City of National City, Community Services Department: George H. Waters Nutrition Program The Project would replace the current 22 year old walk-in refrigerator. The funds requested would be used to purchase a new energy efficient walk-in refrigerator, labor and installation. • Proposed Accomplishment: 1 Facility Improvement Project • 2013-2014 Funding: $75,000 CDBG Funds 2. Provide for Needed Facilities and Improvements in Low- and Moderate -Income Areas: The City will pursue the following activities: City of National City, Development Services Department: Drainage Improvements The purpose of the Project is to enhance and make public facilities accessible in accord with the latest California Building Codes, for low and moderate income people, including all persons with disabilities. • Proposed Accomplishment: 1 Facility Improvement Project • 2013-2014 Funding: $50,347 CDBG Funds 3. Provide for Needed Community and Supportive Services: The City will pursue the following activities: City of National City, Community Services Department: At -Risk Youth After -School Teen Program "Supreme Teens" The program provides a variety of positive youth development programs and recreational activities that stimulate and generate interest in healthy leisure pursuits. A safe, well supervised, interactive environment free of gang activity with positive adult role models is provided at the teen center. • Proposed Accomplishment: 75 Persons • 2013-2014 Funding: $20,000 CDBG Funds Fourth Program Year Action Plan 42 Version 2.0 National City City of National City Community, Services Department: Tiny Tots Toddlers prepare for elementary school by enhancing their overall social, physical and intellectual development in a classroom setting. • Proposed Accomplishment: 30 Persons • 2013-2014 Funding: $22,973 CDBG Funds City of National City, Public Library: Literacy Services The Program provides assistance to adults and families who want to improve their basic English language reading and writing, math and computer skills. • Proposed Accomplishment: 150 Persons • 2013-2014 Funding: $40,000 CDBG Funds Trauma Intervention Programs of San Diego County, Inc., Crisis Intervention Team The Program partners with the National City Police and Fire Departments so that individuals in crisis can receive emotional and practical support on the scene of the tragedy. This allows first responders to focus on their primary duties. Funds will be used to defray personnel costs of the Crisis Team Manager and operating costs. • Proposed Accomplishment: 100 Persons • 2013-2014 Funding: $8,000 CDBG Funds South Bay Community Services, National City Police Department Support Services: Domestic Violence Response Team Domestic Violence Response Team will provide 24/7 response to 911 police calls for domestic violence. Bilingual on -call Advocates, rnany stationed at the National City Police Department, provide a variety of services. These services include conducting crisis intervention, safety planning, assessments on shelter and counseling and coordinate the services of other community agencies as needed. • Proposed Accomplishment: 75 Persons • 2013-2014 Funding: $20,000 CDBG Funds City of National City, Neighborhood Services: Neighborhood Preservation The Program is designed to develop community and government partnerships in maintaining zoning standards and addressing blight. Community cleanups, with the help of volunteers, will assist in the elimination of unwanted items and in beautifying neighborhoods. The Program will address the entire City and more specifically the City's northeast corridor from E. Division Street to E. 16th Street and from east of freeway I-805. • Proposed Accomplishment: 851 Persons • 2013-2014 Funding: $113,745 CDBG Funds 4. Provide for Necessary Planning Activities: The City will pursue the Fourth Program Year Action Plan 43 Version 2.0 National City following activities: 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. City staff should be abreast of current CDBG and HOME program requirements and future program development by attending trainings and meetings with related agencies. Up to 20 percent of CDBG funds and up to 10 percent of HOME funds can be used to support the general administration of the CDBG and HOME programs. • Proposed Accomplishment: c Annually review implementation of the Consolidated Plan and update the Action Plan and other components as necessary, but at least once per year. o Conduct monitoring of CDBG and HOME funded activities. o Ensure understanding of changing community needs through coordination with the Neighborhood Councils. o Support efforts to increase volunteerism in the community in order to assist in the removal of blight and increase community engagement. 2013-2014 Funding: $112,964 CDBG Funds; $30,679 HOME Funds Refer to Number 1: Community Development Priority Needs above for specific actions and objectives for FY 2013-2014. These objectives are based on the assumption that consistent levels of funding will be available to the City. Should funding levels be reduced in the future, the ability of the City to meet these objectives may be compromised. FY 2013-2014 Annual Action Plan Economic Development Objectives: The City intends to utilize the City's General Fund as resources for economic development activities including business technical assistance and participation in the San Diego Regional Enterprise Zone Program. Established in 2006, the One Zone is a regional economic development 15-year business tax credit program incorporating portions of the City of San Diego, significant portions of the City of Chula Vista and the City of National City. The Program provided 1393 hiring credit vouchers in National City in 2012. Of the 1393 vouchers issued, 307 vouchers were provided form newly hired positions while helping sustain 1086 existing jobs. The San Diego Regional Enterprise Zone is a designated area within these cities where businesses receive substantial tax breaks and other incentives. Because San Diego's economy is regional in nature, collaborating with other local cities and the state to expand business incentives increases San Diego County's ability to compete with other regions, create new jobs and increase investment in our region. Fourth Program Year Action Plan 44 Version 2.0 National City Antipoverty Strategy 1 Describe the actions that will take place during the next year to reduce the number of poverty level families. Program Year 4 Action Plan Antipoverty Strategy response: 1. Antipoverty Strategy There are many causes of poverty, including low income -earning capability, low educational attainments and job skills, discrimination, and/or personal limitations (e.g., developmental and physical disabilities, mental illness, drug/alcohol dependency, etc.). The two leading causes of poverty, however, are low-income earning capability and low educational attainment or job skills. These top causes can be addressed through programs that combine education and training with job search preparation for individuals. During FY 2013-2014, the City will seek to reduce the number of people living in poverty (extremely low-income households earning Tess than 30 percent of the AMI) by continuing to implement its anti -poverty strategy which includes providing a number of programs, including housing assistance, supportive services, economic development assistance as described in earlier sections of this annual action plan (see Housing, Homeless, and Community Development section of this plan). In addition, the City's anti -poverty strategy includes policies and programs that aim to improve coordination and collaboration among City departments and non-profit agencies that provide health and social services, employment training, legal assistance, and other support services for low-income persons. On this endeavor to reduce poverty, the City is pursuing the following programs: Redevelopment/Job Creation and Retention • National City Redevelopment Project Area • National City Chamber of Commerce Economic Development Committee • Supporting existing and the formation of new business improvement districts in support of job retention and creation Employment Training • Regional Occupational Program • San Diego Workforce Partnership ■ Local Employment Development Department (EDD) • Crisis House ■ National City Higher Education Center • Education Village - A collaboration with Southwestern Community College District A number of state and county programs are also available to help alleviate poverty for National City residents. State Programs Fourth Program Year Action Plan 45 Version 2.0 National City The State of California's welfare reform plan, known as Cal WORKS, was established in 1998. New regulations place a lifetime limit of 60 months for receipt of cash assistance and a limit of 18 to 24 months of consecutive assistance. Persons receiving assistance must be involved in a work activity for a minimum of 32 per hours per week or more for a household with two adults. The Cal WORKS program, coordinated by the County, is designed to move welfare recipients from dependency to self sufficiency through employment, and to divert potential recipients from dependency. This program's goal is to identify sufficient employment opportunities with sustainable income levels for people transitioning off welfare. Job related education and training are provided through the County, private industry, and educational institutions. County Programs The Cal WORKS program discussed above is coordinated by the County's Health and Human Services Agency. This program provides a flexible interrelated regional training system developed in collaboration with training and education providers based on current market demands and employers. The Employment Development Department (EDD) in San Diego County is a key collaborator in the provision of job search readiness assistance and identification of local labor market trends, partnering with the Health and Human Services Agency (HHSA) and the San Diego Workforce Partnership. EDD implements and maintains CalJobs to provide job identification assistance throughout the County and provides voluntary job search preparation workshops. EDD also provides employer tax credits and works with welfare recipients who have social and physical barriers. The GAIN Remediation: Adult Deliverers (G.R.A.D. Consortium), organized in 1986, works with the HHSA and the San Diego Workforce Partnership to provide quality and consistent remedial/vocational education and job placement activities to GAIN participants countywide. This consortium includes Adult Education/ROP providers and community college continuing education providers. Non -homeless Special Needs (91.220 (c) and (e)) *Please also refer to the Non -homeless Special Needs Table in the Needs.xls workbook. 1. Describe the priorities and specific objectives the jurisdiction hopes to achieve for the period covered by the Action Plan. 2. Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by this Action Plan. Program Year 4 Action Plan Specific Objectives response: 1. Non -Homeless Special Needs Priorities and Objectives Fourth Program Year Action Plan 46 Version 2.0 National City National City will assist special needs populations through the provision of housing programs, community services, and improvements to facilities (including ADA improvements). These priorities and specific objectives are outlined in the Specific Housing Objectives Section and the Priority Community Development Needs Section of this FY 2012-2013 Annual Action Plan. 2. Use of Federal, State, and Local Resources The City proposes to use CDBG funds to provide supportive services for low- and moderate -income and other special needs populations as funding is available. Housing needs for persons with HIV/AIDS will be addressed through the HOPWA program, for which the City of San Diego is the recipient on behalf of the County. It is expected that National City and a variety of human service and housing agencies will pursue funding from private, local, state, and federal resources to assist with their delivery of services for those with special needs. The resources that can reasonably be expected to be available to assist persons with special needs include federal (CDBG and HOME), state grants, and local public and private sector resources. It is anticipated that these resources will be used to support the housing and case management services of those in need. Further discussion on these funding resources is provided in Section 2: Federal, State, and Local Public and Private Sector Resources of the Housing Section of this Annual Action Plan. In addition, Table 4 on page 15 provides a detailed summary of the estimated funding resources that are reasonably anticipated to assist the City in addressing the Housing and Community Development needs identified in this Annual Action Plan. Housing Opportunities for People with AIDS *Please also refer to the HOPWA Table in the Needs.xis workbook. 1. Provide a Brief description of the organization, the area of service, the name of the program contacts, and a broad overview of the range/ type of housing activities to be done during the next year. 2. Report on the actions taken during the year that addressed the special needs of persons who are not homeless but require supportive housing, and assistance for persons who are homeless. 3. Evaluate the progress in -meeting its specific objective of providing affordable housing, including a comparison of actual outputs and outcomes to proposed goals and progress made on the other planned actions indicated in the strategic and action plans. The evaluation can address any related program adjustments or future plans. 4. Report on annual HOPWA output goals for the number of households assisted during the year in: (1) short-term rent, mortgage and utility payments to avoid homelessness; (2) rental assistance programs; and (3) in housing facilities, such as community residences and SRO dwellings, where funds are used to develop and/or operate these facilities. Include any assessment of client outcomes for achieving housing stability, reduced risks of homelessness and improved access to care. Fourth Program Year Action Plan 47 Version 2.0 National City 5. Report on the use of committed leveraging from other public and private resources that helped to address needs identified in the plan. 6. Provide an analysis of the extent to which HOPWA funds were distributed among different categories of housing needs consistent with the geographic distribution plans identified in its approved Consolidated Plan. 7. Describe any barriers (including non -regulatory) encountered, actions in response to barriers, and recommendations for program improvement. 8. Please describe the expected trends facing the community in meeting the needs of persons living with HIV/AIDS and provide additional information regarding the administration of services to people with HIV/AIDS. 9. Please note any evaluations, studies or other assessments that will be conducted on the local HOPWA program during the next year. Program Year 4 Action Plan HOPWA response: No response is required; the City does not receive HOPWA funding. Specific HOPWA Objectives Describe how Federal, State, and local public and private sector resources that are reasonably expected to be available will be used to address identified needs for the period covered by the Action Plan. Program Year 4 Specific HOPWA Objectives response: No response is required; the City does not receive HOPWA funding. See Appendices A-C. Fourth Program Year Action Plan 48 Version 2.0 National City Appendix A Programs Workbook Appendix B: Proof of Publications B-1 National City This page intentionally left blank. Appendix B: Proof of Publications B-2 National City CPl1►u,wn2A Grantee Name: National 1 Project Name: Description: Provldr s.response to anylocation where erloe a personal trauma.-TeTrai es°and citizens in -crisis. Thep Income ob ive, tpecUical Location: Trauma Intervention P l`AT1 s San i llego`Ccui ty, Inc: Imes Project s: 1200 Select one: Explanation: s beat a Julys Code ICA62412 NATIONAL CITY nd reaches Cto individuals Who have iotar pialice'and fire requirements under the Low - Expected Completion Date: siSeatas Proposed Outcome Provide for needed community anisuppordve ervk*sr' Program is et elnoti©►laiand nd 2. 3 Proposed underway Camelot* Proposed UnderWey complete Preece*/ Underway Complete lolls 1t prov de`s a eilti c service by Providing cticai support to citiaens lmrr edlaiely folkowing a V rJ Proposed underway Consolete Proposed Performance Measure Number#,praonr^ services nttlrn lotwj Underway Lam. Conrplate Proposed Underway Complete Areas e, Actual Outcome E 1 Proposed Amt. Ades& Amount Proposed Amt Actual Amount r Proposed Ann. Actual Amount Proposed Amt. Actual Amount Proposed Units Actual Units Proposed Units Ached units Proposed Units Actual Units Proposed Units Actual Units Appendix B: Proof of Publications B-3 National City E Proposed Amt. Actual Amount $a,000 Proposed Amt. Actual. Amount 7 Proposed Amt. Actual Amount .► Proposed Units Actual Units • -77 Proposed Amt. Actual Proposal Units Actual Units E } E v Proposed units Actual .Un v Proposed Amt • Proposed :Units Actual Un Actual Amount Proposed Amt. Actual Amount Proposed Amt Actual Amount Proposed Units Actual Units v Proposed. Units 11 Actual Units Proposed Amt. Actesi Amount Proposed Amt Actual Amount $0 '000 v Proposed Units Actual Units or Proposed Units Actual Units Proposed Amt Actual Amount ♦ Proposed Units Att si Units Proposed Units Actual Units E w j Proposal Amt. Actual Amount es Proposed Amt. Actual Amount Proposed Units Actual Units T Proposed Units Actual Units Proposed Amt. Acted Amount Actual Amount Proposed Units I Units Propesad Unite Actual Units Appendix B: Proof of Publications B-4 National City am Simko a:n Grantee Name: National City ProJeot Nave: Deaaiption: At sttYoutti Atterschooi TeenPfx liras Project #: I� tLz - •". generate interest In iieeltttyAlisisepurtuits. progrmn has,bilnthter itngdlo Meet the recta i spelt igiily'as aWelted 01, title '. 4r. Expected Cw+pl.tlon Doh: 63Df2014 . •niitai i.s g En*onmer t` 0 Eionanio Opp oma'ce D�iyiaa Proposed Outcome . EXplan.tion: Ws Codw ICA624 NATIONAL CITY Program provides awpuhliCsenticeto. outh of iatioi i Ch -through, activities and events including toinsportritionfOlield trips, ticketsto pasand IPA' n l ex tts, ;Au.P,l►les for,OthI *nd:*Uwe activities, Updating -computers and software,'suppiles and staffing 3 Proposed Und.nWV Complete Proposed Underway Complete Proposed 75 Underway Coinplete T Prapo..d Underway Co apli s Proposed 75', Underway Comilla* Proposal Underway &rapist. PrpvideTor neeeded,ton.nunity' endrsupportive unites. Performance Measure Nun ber of pout Actua Outcome cr r Ir . Proposed Amt. Actual Amount w Proposed Amt. Actu. Amount Proposed Amt Adana Amount Proposed Amt. Actual. Amount Proposed Units rn Actual Units Proposed Units Actual: Urine T Proposed trolls Actual Units Propo..d Units Actual Unita Appendix B: Proof of Publications B-5 National City VI I. k s Appendix B: Proof of Publications B-6 National City wnrWmnw x:o Grantee Name: National City Project Nunet INati Description: on& City. Police rtment IWWProo.rrt s: 2o1a/3 Provklss44/7 heponts le, i pellet calk forrtariastic vie Na'6o001City PollcsDepnfin's'rtr prvlr u a OrietYef:ir enr+ eafti y pnInp esssnnisetson4helurandcourailin msr dad. The program has hyaa d taLmlou to 1*o- 1200 National Cty 6 Expected Completion Dater tEic..11,040 Deng Entimnme t i Ep nonigQpperA!lrly 9otcorrw e? Proposed Outcome Provide for heeded community endsupportive services w 8xplanatient UOG Coder JCA62412 NATIONAL CITY This: Prpgrapi JS,:, lglble as It provldesar abused spouses'In National -ay by pro�rlidi advaFat a at the''Natlon& CltyPolice'Ilepa', 2. 3 Proposed underway Complete Proposed Undorwey L Complete Prepared Underway Complete Nu Proposed Underway 1► Compress Proposed Performance Measure Underway Complete Proposed Underway complete Actua *Income w Proposed Amt. Actual Amount Proposed Units Actual Units Proposal Units Actual units w Proposed Amt. Actual Amount Propord Amt. Actual Amount Proposed Units Actual Units Proposed Units Actual Units Appendix B: Proof of Publications B-7 National City tV } v Proposed Amt. ♦ Proposed Amt. nal Amount t' Actual Amount or Proposed Amt. ♦ Proposed Aut. Actual Amount Actual Amount i ' :, ♦ Proposed Unit ♦ — Proposed Unit. • al Units Actual Units .. ♦ Propound Unls ♦ - Proposed Units Actual Unit Actual Units M1 } £ ♦ I Proposed Amt. , l ' Proposed Amt. (Actual Amount Actual Amount I ♦ Proposed Amt. ♦ aProposed Amt. Actual Amount Actual Amount v Proposed Unit v Proposed Unlit Actual Units . Actual Unit ♦ Propound Units ♦ Proposed Units Actual Units - . Actual Unit IProgram Year 4 I . rvl Proposed Amt. $20,000 . ( � ♦ Proposed Amt. Actual Amount .. . :.-- Actual Amount ♦I Proposed Amt. Proposed Amt. Actual Amount Proposed Unit 7b Actual Amount ♦ ' ♦ ' Proposed Units ActualUnits Actual Units• '. :. ♦ '.. Proposed Units ♦ Proposed Units Actual Units . „n Actual Unit 97 } e v 1 Proposed Amt. ,. I ♦ Proposed Amt. pal Amount ; Actual Amount I ♦ Proposed Amt. ♦ Proposed Arc Actual Amount z° Actual Amount ♦ - Proposed Unit er — Proposed Unfits Actual Units Proposed Units ; Actual Units ♦ ♦ — Proposed Unit Actual Unit Actual Units ttmv Appendix B: Proof of Publications B-8 National City • L S ♦ ♦ ♦ • ♦ • ♦ • Proposal Amt. Actual Amount Proposal Amt. Actual Amount. Proposed Units Actual Units Proposed Units Actual Units Proposed Amt. Aetna' Amount Proposed Amt. Actue! Amount Proposed Units Actual Units Proposed. Units Actual Units Proposed Amt. Actual Amount Proposed Amt. Actual Amount Proposed Units. Actual Units Proposed iUnits. Actual Units ♦ Prnpasel Amt - -- Actual Amount ♦ • Proposed Amt. Actual Amount Proposed Units Aetunl Units Prop/sod Units Actual Units se Proposed Alt. ♦ • ♦ Actual Amount Propasod Amt. Actual Amount Mats Actual Units rosined Unit. Actual Unit PrOPoead A & Actual Amount Proposed Amt. Actual Amount Proposed Units Actual Unite Proposed Un[4 Actual Units. Proposed Amt. Actual Amount Proposed Amc Actual Amount Pressed Unit Actual Units Proposed MMus Actual Units. PropOMd Amt. ♦1 Actual Amount Proposed Ant. Actual Amount Proposed Units. Actual Units Proposed Units Actual Units Appendix B: Proof of Publications B-9 National City cneu vemen 2.0 Grantee Name: NeUonal City Projact.Name: National':Clty P.ublic<libraryliteracy Services Dwaiptlon IIDIS Pro)act 1ps 1201314 IUOG cods ICA62412 NATIONAL CITY Provides osolotwow hooldolto end % Mills who `went to 9pgrava Omer basic Enpilth'sa1puaya reeding herd Writing, math and compute Will Ills Progrmn hasbesn determined to mkt Me tapulre` oolool under theLow-Modser t* Income obledxivsr sPscMcaliy .s o ILMWtl Clientele Activity. Loc.tlon: ,�;, „„'a` °uW:;� ;':+ Select one: „�r.'..e.. ...�" i , .;%e • ....... .... i401 MellofdIQty 9Nd Netiorml City : Explanation: Expected Completion Date. Program provides a wanting to 'improve 1 ' public semce by assisting' adults and: famities ;. their literacy. skills, . • ..... aiss•Jz014 — leave try ,o Dec *.Msmiq�lll ,. 0sWta6leuningentvyonnwa -. Gutconw`Congorkc' :, :` a Avalleb4tyikmnrkI lly DArtorda y 2. i earambnry 3, w Proposed I75 _ • POrwed .. :- Ynd:min* Underway - " Complete Complies er Proposed i5D :. • Undanmay ►'soled Undorwelr : Complies Complete L_ Proposed m P wed Underway Und.rw.y Complete "" Complete Pro nosed Outcome Performance Measure Actua Outcome Pravide14rnseded'cetmmunit': end supportive.strvkes Numbor'4rwoos Hood, low/mg none person$ Incll nn and *eft • w T IProgram Year 1 er Prepwed Amt. $AA.600 w Proposed Amt. Actual Amount "; Actual Amount w Proposed Amt. w Proposed Amt. Actual Amount : Actual Amount w Proposed Units 175 w Proposed Units Artuel Units : Actual Units ... w Propo..d Units w Prepoem i Units ,.... -Actu.Ilinks '-Actual Units Appendix B: Proof of Publications B-10 National City 1 ♦ pPropoaed Amt. Actual Amount v • 1a • T7 V f Proposed Amt. Actual Amount Proposed Units Adam' Units Proposed Units Aetna Units Proposed Amt. Actual Amount Proposed Amt. Actual Amount Proposed Units Actual Units Proposed: Unit Actual Unite Proposed Amt. Actual Amount Proposed Amt Maid Amount Proposed Units Actual Unit Proposed Units Aetna Units Proposed Amt. Actual Amount Proposed Amt. Atttaal Amount Proposed Unit Actual Units Proposed Units Actual Units V Proposed Amt. Actual Armond ►rop oed Amt. Actual Amount Propoeod Units Actual Urine Propound Units.. Actual Units Proposed Amt. Actual Amount Proposed Amt. Actual Amount Proposed Unit. Actual Units Proposed Units Actual Units Proposed Amt. Actual Amount Proposed Amt. Actual Amount Proposal Units Actual Unit. Proposed Unit. Actual Units Proposed Amt. Actu*I Amount Proposed Ant. Actual Amount Proposed Units Aetria Units Proposed Units. Aetusi Units Appendix B: Proof of Publications B-11 National City x c Grantee Name: National City Ousion Project Name: Iny Tots Dreriptiva: IDES Project der 12013Is •Iuo6 Cedar ICA62412 NATIONAL CITY Toddkrs.Pnepure rorelsmantary school by snhancinp Myekovaradi rnockt, Physi®l and tnbali ettuai rAvelcpmeettrn ciessroom ss hp -pads' will ,be used for peratainel and opa*01 costs 'sire propnm b eas bwi'tlat.rhmined to mess requirements under the law -Moderate income objeceivs, spacif'kolNait a Limited Clltr ttl l+ctivky. 0i }201 Straee;Natlonal City' Expected Cotnpletion Deter 6/30, is Select one: liecr t Hou np Sullebkt * g Fri* nvent Eoonomit oPPorttnity I]Aymiwymo abilly oivrordatiYtty O sustsrnutlty Explentton: Program provides.a PUNservice by supporting -school program activities to prepare 4-year-olds for elementary school. 0 30 30 ♦ ♦ Proposed Underwa Proposed Outcome Performance assure Provide ter needed mmmuntty Number Of youths asslt ted andstpportive ser ices Proposed Underway .."<: Conn lets Praposad Underway Actua Complete Outcome ♦ iQ Propriety A 9;337 Actual Amount Proposed Amt. Actual Amount Proposed Unite v (Proposed Amt. Atterl Amount Proposed Amt. 3 Actual Units Propo/ad Units •Actual Units Actual Amount Proposed Units Attuel Units V Proposed Units Actual Units Appendix B: Proof of Publications B-12 National City • proposod Amt. . '..(: Actual Amount • ,Proposed Amt. Actual Amount. ♦- Proposed ]Jobs Actual Units ♦ Proposed Units $29,337 — Actual Units I • Proposed Amt. $29/337 al Amount rActu Proposed '. Amt. Actual Amount • Proposed Units Actual Units ♦: Proposed Units Actual Units I♦',proposed Amt. Actual Amount UProposed Amt. Actual Mount • Proposed Units $22a973 Actual Units. • Proposed: Units Actual links . I Proposed Amt. Actual : Amount • I Proposed Ant. ' Actual Amount ♦ Proposed Units Actual Units Proposed Amt. . Actual. Amount Proposed Amt.. Actual Amount Propose) Units Actual urns Propound Un1U Actual Units Proposed Amt. Actual: Amount Proposed Amt. Actual Amount Proposed Units' Actual Units Proposed Units Actual Units_ Proposed Mot. Actual Amount Proposed Punt. Actual Amount Proposed Units Antunl UnAI Proposed Units. Actual Units Proposed Amt. Actual Amount Proposed Amt. • Proposed Units '77 Actual Units Actual Amount Prepared Units • ♦ 1Actuel Units Actual units Proposed Units. Appendix. B: Proof of Publications B-13 National City .$0 Grantee Name: National City Project Name: Fire Station 34 - Section 108±:Loan Payment FY13-14 Description: I IiDxs Protect al; 12013/6 Iuoc Code: 1CA62412 NATIONAL CITY The chy of Salami Clty obtained a ben under Serben 108 for t .cpnstructon,of a new main Are Slates,- ISUCYI guarantee of the promissory note under Section 1b8, *OW '0BG.as sacurlty for HUD's:puaYeatee. HUD`.mquir1s 16eii.. repayments be made with CMG funds, unlesstheta', w the putd desire to repay Ina lose f oinahlibnsdrs`aource. She loan hes been partially &tapeedwith propramincorne funds for Maned Yenr 30134b14. Location. 343€ast,36thWest Notarial City v Proposed Underway Complete Proposed Underway Complete v Proposed 1 Underw ey Complete • Proimeed Underway Complete Propooed 1 Underway Complete LrrL Reposed Underway Complete Proposed Outcome Performance Measure Actua Outcome Actual Ameun -f Actual Amount roposed Amt r Actual Amount Proposed Amt. Actual Amount Proposed units Actual Un Proposed Unlit& Actual Units v Proposed Units —'Actual Units v Proposed Units 'Actual Units neu�eer Appendix B: Proof of Publications B-14 National City aE E } E v Proposed Amt Actual Anna v = Pl'epQ sal And. al Amou I♦ Proposed And. Actual Amount Sr Proposed Actual Amon ♦ Proposal Units Actual Units v Propoead Units Actual units v 1 Propo..d Amt 428214Z Actual Amount I♦ I Proposed Amt Actual Amount v Proposed Units Actual Units ♦ Proposed. Units Actual Units v1 Proposed Amt. 4161 al Amount ♦ 1 Proposed Amt. Actual Amount ♦ Proposed fits ♦ Proposal Units Actual Units ♦ Prope.ud Units Actual Units Proposal And. i Amount Proposedd. Amt. Actual Amount v Proposed. Units mr Proposal Units Actual UnM • Proposal Units Actual Units ♦ Proposed Units r:. Actual Unks v Proposad Units Aetusi Units Appendix B: Proof of Publications B-15 National City OW WNW. 1.0 Grantee Name: National City Project Name: National Clty Noillsili9 Inspection P lam Description: I Inns Project r►: t201E/7 . um; Coda: ICA62412 NATIONAL CITY The Program will oddness housing quality issues, *elated so 3l04tinsoj the dii sn oecupont life safety, structurpl lntsorhy, sustelnel Ility of the houslnp,* sunour dlny'ptlrctsaminalghborhoods. Funds will be used for personnel detamiined"to meetahe nuenrorlasids under die to664Modsnite,.ficOrbe,objecdve,spatdtuslly.Ms:en tbueingllhd Snte'Cr w:3d Tfli!siiipief ocic a �i.cono'm'lcYlebilitt+tilt' end opwatvp.eosts. The3pro0r.m bee hevr ltr Be**AtActl+9ty.Location: Select one: -- ,.. I+owmM od G nsus Treces Explanation: Expected Completion Data: This project Is elliAle as It.'provides for code violations inspections: and enforcement of codes. • 1 613 2014 O oe[Rd ilarsM9 (el}Sl eble1.1410 Environment Olelcaill0 O es MI Anllebaly%Atteidbely ■ Aflur*IIIty osuminabo - (. 2, 3 W r _ {{id us Proposed 125 1 ♦ Pro1sosal 1ao Und.rwsy undden1MY Complete .. : Canplsa w Proposed 125 I w Proposed undoreroy Undorwoy Complete '' Cempinta er Proposed 340Proposed Underway . ; Undenvoy Complete ; .< Complete Pro}osed Outcome Performance MeaEure Actua Outcome Conserve and Improve affordable housing Number of households assisted with rode an%raanisnt7lnrgvenbon services 7 «. r } Proposed Pant. $94,Ot20 v Pro fed Arab . ... Actual AmeuM Actual Amount or Proposed Amt. r Proposed Arnit Actual Amount i. Actual Amount t rgwoond Units 125 w Proposed Units Actual Unla Actual Units v Proposed Unit Propeaod Units —"Actual Unit _. -'Attwl Units Appendix B: Proof of Publications B-16 National City t1 ♦ 1 Proposed Amt '/lctual Amount i Proposed Amt. Actual Amount ♦ Proposed Unit. Actual Units ♦ Proposed Units -fI Actual Units (to Proposed Amt. '$1201OS55 Actual Amount ♦ ProPosud Amt. Actual Amount ♦1 ♦ Proposed Amt. Actual Amount Proposed Amt. Actual Amount Propoaad Units Actual Units Proposed Units. Actual Wilts Proposed Amt Actual Amount Proposed Anent, Actual Amount ♦ Propelled Units Actual Units w Proposed Units. ♦ Actual Units 1.7i Proposed Amt. Actual Amount Proposed Ault Actual Amount Proposed Units Actual Unit. PropossdUnts. Actual Units 1 Proposed Amt Actual Amount ♦ ( Proposed Amt. Actual. Amount w: Proposed Units Actual Units Proposed Units Aetna Units ♦ Proposed Units Actual Units. Proposed Units Actual Unit: Proposed Amt Actual Amount ProposedAmt Actual Amount Proposed Units Actual Units Pwpoeed Units Actual Unite Pro;lrsod Amt. Actual Amount Proposed Amt. Actual Amount Prop000d Unite. Actual Units Proposed Units. Actual Units Appendix B: Proof of Publications B-17 National City ttaP Mats 2 Grantee Name: National City Project Flamer George H. Waters'NUtrltlon Prograin 'Nationale DeearlptIon: IMDii Project 1: 12013C9 WUOG Code The P Vect would.r.plaoe the'turr.nt 22 yaarold waik-In rarrI orator With naw+naryy'arlkianl Th. p ogrem has bwn'd.t.rrriued m meet th.'rpuir.m.nt. under the Loa-Muderats Incwflial l imltad CIland9e Acdylty. Location: 2115 "D'..,Aaanue„N.bonal C C.A-91450 Select one: Explanation• CA62412 NATIONAL CITY walk-in_ atriyarotor. vo,spaci0mlly as a: Exported Completion Dot.•. 6/3d:2014 ve aDecant Haddad suttable l7vlhp EtMr nmitit. 0 Economk Oppaiudry 0 Dam D Osumi...t sty • Purchase a new walk-in energy efficient reffidgerator in order to provlde affordable meals•o low- and moderate -Income senior residents of the,City. 3 Propene! Underway Cmnplab Proposed Und.rway Compiling Propane! —77Underway CO lob w Proposed UMderwe ..CorwPlens ■ as Proposed 11 VnN.rw.y Complete • Proposed Undo Complete Proposed Outcome Performance Measure A new.rafridoratcr will help to Number present strait provddeanotd.bi.anaalrto IOW' . and mcdaratetnrame residents Actual Outcome • Proposed Amt. Actual Amount Proposed Aunt. Actual Amount Proposed Units Actin' Units • Proposed Units Actual Units 8 GHW Nutrit Prog 15 •IP .... .Amt. Actual Amount. • P - . Annt Actual Amount • P . - . .d unit Actual Units APro OPMP Appendix B: Proof of Publications B-18 National City Appendix B: Proof of Publications B-19 National City E 1 E ♦ Proposed Amt. c. • Proposed Amt Actual Amount ! r.:iActual Amount ♦ Proposed Amt m, • Proposed Anrt Actual Amount 6 Actual Amount .. Proposed Units op -.. : Proposed Units Actual Unit Arius) Unit Proposed Unit .. or Proposed Units Actual Units Actual Units v Proposed Amt. e • 1Proposed ' Amt. Actual Amount +'. Actual Amount • Proposed Amt. r • [Proposed Amt. Actual Amount ..r Actual Amount. 7 Proposed Unit .. • Proposed Units Actual Units Actual Units • Proposed Links i; .; ♦ Proposed Mks -.: Actual Units ..�,; Actual Unit • Proposed Amt. $75.000 ' • 'i , Proposed Amt Actual Amount Proposed Amt. : Advil Amount • • j Proposed An t. ActualAmount Actual Amount • Proposed Unka 1700 • , ` Proposed Unka Actual Urals ; Actual Unit • Proposed Units I Proposed links Actual Units Proposed Amt. �. ` Actunl:Unite • - or ',, Proposed Amt Actual Amount Actual Amount ♦ Proposed Amt. or Proposed Amt. Actual Amount a :.. : Actual Amount -.. or Proposed Units - or Proposed Units —"' ActualUnks Actual Unit • Proposed unit • Proposed Units Actual Unka Actual Unit 8 GHW Nutrit Prog 16 CAMP Appendix B: Proof of Publications B-20 National City CPO vm.ac Grantee Name: National City Project Alamos Drainage Irnprotrctnents !MIS Profile! Et 12017i' Descriptiorc Theelurircet: olthotroyetlettrieternMendlireecepAlle. llos caw ICA62412 NATIONAL CITY mksle'M amprd Mrleli 1 Coder,'(or SmT epd !b9 3itoD �t+emi}e {isopi�r h+Nudlnq ld P s�Nlps t ei#4,0os 411 iritiom re:pewimis order the me•Moderato Sncnifiee Expected Completion Date: Yt Y ss Select one Explanation: &Vy asdn3 Tbis,project 4 eltgibie as It prof!IdeS' installation of pu'bkk`hnprovements. 2,. Calif ding day tilereAabilltatbon and Proposed Und lwsy Complete Iv Proposed Und rw.y Complete Proposed Underway Complete Proposed Underway Complete Proposed Outcome Proposed Und.rueey Camelot. Pesfonnince Measure r,n Proposed Underway idua Complete Outcome P oyld.Io Nopd.d lnrrasMkwra irieMinipnts In Lok- iiidMod.r.te Nunjbe' of Ir Itnproluemem Proposed Amt, Actual Amount er Proposed Amt Actual Amount w Proposed Units Actual Units • 1Propop.d Amt. ::. Actual Amount .y Proposed Amt. Actual Amount Proposed Units Actual Units x. Proposed Units Actual Units Propose! Unit* Actual Unto Appendix B: Proof of Publications B-21 National City or Proposed Amt. $10D,000: �' ' ♦ Proposed Amt lActual Amount - Actual Amount ♦ ProposedAmt ` v. Proposed Amt. Actual Amount Y. `- _ Actual Amount ♦ 'JActual Proposed Units ' ♦ '- Proposed Units Unit* Actual Units ♦ — Proposed Units - t „^ or Proposed Units Actual unit* E +. -- Actual Unix } ♦ lActual Proposed Amt ♦ Proposed Amt Amount > ;' Actual Amount ♦ I Proposed Amt. ' w Proposed Amt Actual Amount. Proposed Units - ` , , Actual Amount ♦ ;,-1 w Proposed Units '.. Actual Units -:; . Actual Units ♦ Proposed Units 'q ♦ Proposed Units Actual Unity ir;�' ° Actual Units v Proposed Amt. #100,100 " ♦Proposed Amt Actual Amount E ' Actual Amount♦ Proposed Amt. ; { ♦ Proposed Amt. Actual Amount k Actual Amount ♦ Proposed Units 1 ., ♦ Proposed Units Actual Units Actual Units Proposed Units t ♦ Proposed Units Actual. Units , ' Actual Units ill 1 Ir _ ♦ Proposed Amt a ♦ !Proposed Amt. Actual Amount Actu I Amount v Proposed Amt w Proposed Amt. Actual Amount Actual Amount v Proposed Units or Proposed Units —Actual Units Units or ♦ Proposed Units ♦, Proposed units Actual Units '. Actual Units Appendix B: Proof of Publications B-22 National City cssaw.en�.0 Grantee Name: National City Project Name: D WIG Project -ids Eoi io ', ]uoo T}ia Piopram-Is dmigned to maintain zoning standards Voi4nhiari, wa sssistin the llmlriedon of unwentid '. the Are=Clty and more ap t tally theliordeeM" t ram has Coen determined, h0 mist ii St. to x6"ehSl freevwaY r=.805 A I.ow Iacoine Census Tract Expected Completion Data: 6/3 i4t cetearr , . �j h Select one: Explanation: ICA62412 NATIONAL CITY -r msr6 address leasteltreaway 1- Ttie project Is ellglbl eas h provides for the ebutIon of garbage trash, and debris refnoval, Indud ng nelehborhood cleanup campaig n5. 2, Proposed Underway Complete 6 1- Proposed U nderway Complete • Proposed Underway Complete V Proposed Proposed Underway Complete U nderway L Cornets** Presesed Underway Camper• Proposed Outcome Performance Measure Actua Outcome Conserve and improve L'MI neighborhoods Number ofpeehle with cede. erifilierMnriintirMenIefreMiSs, ... -f, 7 T • «I Proposed Amt. Actual Amount Proposed Amt. Actual Amount • Proposed Ant. Actual Amount wI Proposed Amt. Aatuni Amount Proposed Unite Actu.1 Units Proposed Units Actual Units Proposed Units Actual UnIt Proposed Units Actual Units Appendix B: Proof of Publications B-23 National City d IY9r ♦ Propor d Alrt. $30,000 `,,i ♦ Pro Ant. Actual Amount 1 Actual Am at ♦ Proposed Ant. - ♦ Pro • apd Amt. Actual Amount - . Actual Amount - . ♦ Proposed Units 1636 ♦ — Pro sod Units Actual Units Actual Unit • Proposed Units ., .. ,.�7 v - Pro Unit . . Actual Units .. i Actual unit Program Year 4' program Year 3 �♦ '. Proposed Amt. $113,45-. • P .. •.-. d Mkt' . Actual Amount Proposed Amt. ;-. ... Actual Amount• , ♦ : ♦ P :..-. Amt Actual Amount Proposed Unit 852 • Actual Amount v € ♦ Pro sad Units Actual Units t Actual Units Proposed Unita s . ; ♦ Pro• • and Units Actual Units ; -. Actual Units .... ♦ Proposed Amt. 50,347 „ " ♦ P • .. sad Awt. Actual Amount Actual Amount ♦ Proposed Amt. Pro . sad Amt. -:. Actual Amount , Actual Arnow* '.. Proposed Units 610 ♦ ':: Pro • sad Units Actual Units Proposed Units Actual Units ♦ ♦ -ActueiUnits Pro . : Units Actual Units in E ♦ i Proposed Amt. � Pro . sod Amt. Actual Amount •:. Actual Amount '., Proposed Amt {t t' .4 v Pro • sad AM. Actual Amount s ;; Actual Amouint ♦ Proposed Units •. ♦ — Pm .. .: ..Unfits Actual Una r Actual Unit orProposedUnits 1 Pre ".. mid Units Actual Units - Actual Units Appendix B: Proof of Publications B-24 National City CP.D Wmon 2.0 Grantee Name: National City Prof* Name: f CDBG Program Adrriinistfatipri - Description: iIDrs Proi.ct ♦: II a3 b. used totov.rcesls for inlarles;'PiYIC si Cain by t .City Niidonal sty Housing and' Location: 5.243;Nstloni City' Expected Completion Dots: 6/3O/ O 4' T Expianntten: 2. 3 Imo ood.:. ICA62412 NATIONAL. CITY Proposed Undo:way Complete Proposed Underway Cnnpl.t. Proposed Underway Complete I" Proposed Undorwoy Compieta tsIPnoposed Underwey Complete Proposed Variorums &sophist Proposed Outcome All Prapmina & iaYIcsi prapoasd p.rtid pate in atD8G p'r6g ram Performance Measure Exeaition ends, program Actual Outcome Proposed Ant Actual Amount 1531600 Proposed Anita .. - Actual Amount se Proposed Amt. Aetnud Amount Proposed Units Actual Units Propound Ant. Actual Amount Proposed Units Actual Units Proposed Units Actual Units Proposed Units Actual Units Appendix B: Proof of Publications B-25 National City (♦ 1Proposnd Amt stsl.e98.Bo u . - w proposed Amt. Actual Amount f . ;Actual Amount —...., I♦ I Proposal Amt. ♦ Propoad Amt Actual Amount ;: AtWal Amount ♦ Prep* ad Units i ,; ♦ - Ptopoead Units Actual Units i Ada& Uult ♦ —Actual PrnPoled Units ♦ —Actual Proposed Undo links i r Unit. I ♦ 'Proposed Amt. $tO2,751 ' I ♦ Proposed Amt. Actual Amount i Actual Amount I ♦ I Proposed Amt. ♦ Proposed Amt. Actual Amount. Actual Amount Proposed Units ( y ♦ Proposed Units. Actual Units ..... Actual Units ( ♦ Proposed Units I v Proposed Units Actual Units ks Actual UApll VIIIIIIMMOINVIIINIIIMIll Proposed AmR. , Iv ♦ f Proposed Amt. AI II, �, Actual. Amount Proposed Amt : *multi ,u. _ I J Proposed Amt. Actual Amount i ' Actual Amount v'. ProposedUnits ? ♦ Proposed Units Props ; Actusl Unit ♦ Proposed Units. ','' v ;.(♦ Proposed Units Actual Unit Actual Unit v Proposed Amt. t ! ►ropessd Amt. itProposed Actual Amount i > AttualAmount Amt ♦ I Proposed Amt. :.. Actual Amount (' ; Actual Amount ♦ Proposed links • — Proposed Unit - Actual Units Actual Unit ♦ -1Actual Proposed Unit ♦ — Proposed Units Units Actual Unit Appendix B: Proof of Publications B-26 National City I:PIIS Prni.a P: 12023/12 ("MvuuebnIv. Grantee Name; :National City P o1.ct Nome: FairrHousing and Tenant -Land fdui Paatptlen: Prcpram nrfh, tivaly rurtlrs'rs fahfuiusing sad' responds houslnp seMie . (e) .dvoc. yr (b) outreach. (c) edAt hous)ny eonTpl .nc• mod aor10,0;.(t)•dsvekamanePf pub more. f Uve,useofrestaudt a end'{h) enforcemarto Expected Completion Date: 6/30 0I4 O Decent liousiw ;®.suraweadrofnfvnment 0 bOnefri4 0I10ar rdlY • lxpl.nadion; a ICA62412 NATIONAL CITY lPaws sft eAIand (Cd)tschnacal eulithno. r yloncamblg houslny clod rI I*s thtollTih •coi 'follawinyfair suion.Is;1.) fair Ik'6aratio s for.,. Support flair Ixlusing s "lees throughaselstant:a to fair, kwusfng counseling and,enfor;einent organl atbns. Annuallyevaluate lie services provided py the organizations to revise, a that adequate and: appropriate eery icesare provided and'revise �oritrai;ts as appropriate. 2.. 3 •I • Proposed Undarw.y Complete ptsposed Und.rw.y Complete Proposed underarm' complete 1» Preposud Underway Complete Proposed Underway cornrows Propseed Underway Proposed outcome Promote Equal.Housing' Opportunity' Performance Measure ihlflcs ts vith k houm{lp n nlenanti Iddru np: llmants teiair-heuelen.. Actua Outcome • • • • • Propo..d Amt. Actual Amount Proposed Amt Actual Amount Proposed Units Actual Units Proposed Units Actual Units ♦ • Proposed Amt. Actual Amount Proposed Amt. Actual. Amount Propa..d.Unita Actual Unit Props.ad Unit. Actual Units Appendix B: Proof of Publications B-27 National City I♦ `Proposed Amt. 331000.. .,. `_' ♦ Proposed Anit Actual Amount . . Actual An*a1M [Proposed Amt pF ♦ Proposed Amt. Actual Amount f : : Actual Amount ♦ — Proposed :Unl s ♦ I — Proposed Units Actual Units Actual Units ♦ — Proposed Unit v Proposed Units Actual Vnlb — Actual Unite Program Year 3 I v Proposed AmL $ 8 OOO t I ♦ Proposed AmL Actual Amount " i _ Actual Amount I♦ 4 Proposed Amt € I ♦ Proposed Amt. Actual Amount. t ':'Actual Amount ♦ Proposed Unit } " -=r v Proposed Units Actual Units Actual Units "' v Proposed Units ♦ Proposed U.iI Actual Units Actual Unit � .. : 1p Proposed Amt3RA00 Proposed Amt. Actual Amount .1w. - Actusl: Amount ( I ♦ I Proposed Amt. EpiProposed Amt. Aetasl Amount - Actual Amount ♦ Proposed Units ♦ P►opos.d Unfit Actual Unit ' Actual Units ♦ Proposed Unit. ♦ ' Proposed liners: Actual Unit Actual Units Y1 P.I Lp I ♦ I Proposed Amt :" ♦ �Proposad Amt. Actual Amount , Actual Amount ♦TProposd Amt. ± gp Proposed Ault. Actual Amount I ,: . Actual Amount ♦ — Proposed Units 1r � — Proposed Unit Actual links Actual Units_ ♦ Proposed Unit + ♦ Proposed Unit Actual Unit i .� - " -` Actual Units Appendix B: Proof of Publications B-28 MIMMIMISOMMI National City COMP wr:ont:o Grantee Name: National Glty Project N.rns: Owner-Ooupled Rehabllltatk4n' P•scriptbm The Parr Purpose of pr 5r4m r} rOther d ei ngle-femlit p,u nrhaiintets;Emir pra'ytr'q . Expected Completion Pate: Fi Proposed Outcome Conserve and Improve Affordableflocking ..Isms rrojet e: 1?oi_,atia Expl.naelon: UOe color ICA62412 NATIONAL CITY Imptoue the ;qua1ltlr. or utl 3 Proposed Underway C*mpl.t. Proposed Underway Complier Proposed Und.rw.y • Proposed Underway Complete Proposed Complet. Performance Measure Teal,rt boroi de:SIP1stilts Ia lrovsd through ht-.p cgl.m, Underway Nada c maim. Proposed Underway cumpl.ta Outcome s • 'Proposed Amt. Actu.l Amount 5i5' ♦ J Proposed Amt. Actual Am.aat rr Proposed Amt. Actual Amount Propowd Amt. Actual Amount Proposed Units Actual Units Proposed Units Actual Units Proposed Units Actu.l Units Proposed Units Actual Wilts Appendix B: Proof of Publications B-29 National City Ise Proposed Amt � w Proposed Ault. w I Actual Amount Actual: Amount Proposed And. - w Proposed Amt. Actual Amount Actual Amount 55 w Praposad Unit w Proposed Units UnitsAttu& Actual Units ' Units. w — Proposed UnI w Proposed Units Actual Units — Actual unite M } I se Proposed Amt. $290,049 :: J w . Proposed Arnt. Actual Amount Actual Amount I se Proposed Amt. 5 A I se Proposed Ant. Actual Amount i '.. Actual Amount w Promo Units v Proposed Units Actual Unit. Actual Undo w Proposed Units ; v Proposed Units Attu,' Unit Actual Units ; :; - : Program Year 4 I w Proposed .Amt $276,1d1 w '.: Proposed AMC. Actual: Amount . Actual Amount w Proposed Amt 5 .: ': Proposed Ant. . '. Actual Amount ,; 6 ;. Actual Amount w Proposed Units ♦ ....w PropoaodUnits Actual Unit Actual units w Proposed units. Proposed Undo Actual Unit 's Actual Units s1 111 5. is e l w Proposed Amt w Vi opooed Ann!. kActuel Amount Actual Amount w Proposed Amt ;_ v iPropooed Ann' Actual Amount Actual Amount w �Aetnal Proposed Unit w Proposed Unit Units —Actual Units w Proposed Units w Proposed Unitts Actual Unita — Actual Untrue Appendix B: Proof of Publications B-30 National City crnrwwrna.o Grantee Name: National Clty Proj.ct Nemo: HOME,Proirarn Aleninistiatk oeserlpebn: I=ors Project it 120Y3J14 Funds;wm be usad to cover'cesls for Iariea;;a nrr' kes, HOMEpnepremEbytheLilyof Nabonel'4't .Ho:l>$np3:G Location: 12 31'p'UOnel'Gity' Clty Expected Completion Dabs: • Proposed Outcome Allprgyraml &Nvlcu proposud pirttEipAte;in SOME Perron Select One: Explenetions Implementationwof 2, 3, Iuoo code ICA624I2 NATIONAL CITY it OME Program. • m°Af;the • Proposed Underway Compl.eo Prormeed Underway Completo Proposed Underway I• Proposed Underway Ormond* Proposed Complete Performance Measure Exepitioli orthe HOMEprogram underway Actin Complain Proposed Underway Camplrt. Outcome ♦ ♦ ♦ • ♦ Propo>wArdot. Actual Amount w [Proposed Mat. Actual Amount or Proposed Amt. Actual Amount Proposed Antt Actual Amount Proposed Units Actual Units ♦ 7.77 Pruposad Units Actual Units ♦ Proposed Units Actual units. Proposed Units Actual Units Appendix B: Proof of Publications B-31 National City Program Year 2 • Proposed Amt $63,64 I. � Pro sad it. Actual Amount tt t Actual Amount • . Proposed Amt. • Pro - wd Amt. Actual Amount _ Actual Amount .. • Proposed Unit i • "'' Pro wd Unit Actual. Unit Proposed Unit Actu11 U._, .:. ♦ • Pro d Unit Actual units 4 Aotuul Unit. ro 01 Y yymmmyE:: I • Proposed Amt. =2i 64 1, d • Pro ... Amt. Actual Amount p . Actual Amount • .- - - Proposed Amt 11. • Pro • • sod Amt. ,. Actual Amount Actual Amount N. Proposeol Units j v Pro - wd Unit. Actual Uait Actual Units • Proposed.Units - • Pro • sad Units Actual Umks M Actual Units ,: -.. a 1. E • - _: Proposed Amt SWAPS I • ; Pro wd Amt Actual Amount : . Actual Amount • Proposed Amt ; . { • Pro... red Amt Actual. Amount Proposed Units ; : Actual Amount • °` • " Pro sod Units Actual Units Acton! Units • Proposed Unite. • Pro • • sad Unfits. Actual Units E Artuul Unit IProgram Year SJ t• Proposed Amt 1 • .Pro. _ Amt. Actual Amount t "� . • Actual Amount • Proposed Amt Pro - - sad Antt. :. Actual Amount Actual Amount • -1 Proposed Unit '3 ♦ Pro • sad Units Actual Units Proposed Unit -. Actual Units .,. • • Pup.. wd Units Actual Unit ' — Actual Unit Appendix B: Proof of Publications B-32 National City Appendix B Proof of Publications Appendix B: Proof of Publications B-1 National City This page intentionally left blank. Appendix B: Proof of Publications B-2 National City PUBLIC NOTICE CITY OF NATIONAL CITY FIRST PUBLIC HEARING FOR THE DRAFT FISCAL YEAR 2013-14 ANNUAL ACTION PLAN In accordance with the federalregulations 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. Depaitiuent 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, Ilame al (619) 336-4391. Leslie Deese, City Manager City of National City March 6, 2013 Appendix B: Proof of Publications B-3 National City kit P.O. Eon 120191, San Diego, CA 421124191 AFFIDAVIT OF PUBLICATION CITY OF NATIONAL CITY HOUSING & GRANTS DEPT. 1243 NATIONAL CITY BLVD. ATIN: AIFRE DO YBARRA NATIONAL CITY, CA 91950 STATE OF CALIFORNIA} is. County of San Diego) The Undersigned, declares under penalty of perjury under the Taws of the State of California: That she is a resident of the County of San Diego. That she isand atoll tines herein motioned watt a citizenoflhe United Shoes, over the age of twenty-one years, and that she is not party to. not iitercated in the above entitled matter; that she is ChiefCletk foe the publishes of The Sae Diego Union -Tribune a oewspapes of general circulagon, printed and published daily m the City of San Diego. County of San Diego, and which newspaper is published for the dissemination of local Dews and intelligence of a geoenl ehra lot. mid which newspaper at all the times herein mentioned had and still has a bona Ede subscription list of paying subetthera. and wliiieh newspaper has been Cidahlidted, printed and published at regular intervals in the said City of San Diego, County of San Diego. for period exoeediag one year nod preceding the date of publication of the notice hctdnattereefened to, lied which newwpaper is not devoted to nor publhtmd for the interests, entertainment or msnuedon of a particular dam, mefession, trade, calling, race, or deoolnisation, or any number of wore; toot the notice of which the annexed is a printed copy, has been published m said newspaper in accordance with the instructions of the person(s) modeling publication. end not in any Rgtplemmdthereof an the fo0owing darts, tc wit Mar 7, 2013 Affidavit of Publication of Legal Advettiaemeat Ada 0010724365r/ ORDERED BY_ ANOELITA MARCHANTE In t edarintoo tace m111. masa ssryp Mpg, furl Ca ;Y_Ar1 it reaultYJ 1 P111017 and stern* onAnn* oHOUVne fine rArJtanF'l.isfoorr bert lv Degf � P'ie9eo SI.IgEAIM L Dcad Ur - hat evelt3,d 1H1O3. The 2310- Hn5 C00e.leeite5 P ion 011100 Th. Cib"s aClian9 Goy nonAoueno ccA1 ntuentk dr.aitarrrr,rg oeisf end warms, over live Inners. The Finale -Your Action Pion far FY 01Lie merinos lion the CAI 7prrloe50s se s a✓ fes!nc - r. (1CDB� G, and approx. Imatoty 1231.411 in fede.al HOME In- Portn hhl'pa {r.KPAE; Fronton) enteleer ad huff). m addition to the fume above,. fileicnOff tff n repr'oe...r4.ngy i11i,6t3 hem CDHG pdrti M DS t In nHOME prOgroM In Mace in herabv giv- en NO Hf�aa▪ nner Oar City 0 a h0d,1hsa Nrrt ot tt+e Public Hearaxes M Tu7rit xs. Mooyt, �1e�et, 2p ot 'Tlta3 JinanoR Of one Punk Rearqq ratto atoned. the -0ri- mart for met CO and HO' E Pre1010 apes o. inilartties. and sayine a city Conned 1 ed wa- hines ihllr- refcmaxe1-- Ir.pp txtivil is ki P5 i013-1L The C2st- eolielnted El% and c 001.0 of ,c.N1,116- Starts e bmdred aer e 1m3v1M'ari1 3 1171i1rtal Clar e'vd tFciarid rrMe Li ramnd Public Clleirirq vrin eerccon- M; Artdt kd Catty canna .nniging ar char 7. Al$C tol'Qre- veal #`wd` 5!. inn o 3n+.enr Pre' c revtye. Africa tnnorch 27. 2oi" tercAnaf Ana Ye 3e11i of toe error F,' I3-14 AMMO and to urMdap ta1n5Nrional Perap• donnt ea0 Coker lions 1 lt, tatn.iv to share SIHir tiirv21511 renerdlno tile Plan COWS and Pirsgrani • proposed foorr Ffi10731t.�Rasell p11 into o Lnen MeV- fretlmhieFtAc Hecvine Ri 1JA7 7, 7C13,11t C.tt C ti, trl n adopt toe FntrIgNenr Y.coen Pion. Public r.aeYitipa*on 1 on nsetlo. aunt in!r The neV0eprrRid Pion AraTJytanaytttereet. minions and Left. fpnelitY mWas ore inetVg53 artert4firatAil' • rmnnn'ilrte . StItIrince NPl�ub- lic ehtat Me C of • oral - wru• d, sa 091 �.:. 91550Fe:mere n ei nnfin3- �ase ten 00o311.a� eon Greer Prawn ut ism go- •7;t1. manta; em- en ooh ee apse m. COAL Ro'mtr Seance limn - air 711. {P7 inriiitk µp tone. Paid. contact Ties Cott." Cleral Of•. le doe tear disability -related nloo.hccarpa or oorr-� TOMMOnCntoon. Nov- Nec l moors Prii ut era 110 c t to Masi ressenaole en - arm scH itt, is mfi rtl.etina. AEssipanel 0ara aen le information txn onmostae. inn 71bI r117)92.14011.. Lour. Dee. L1•5. rfr honer Car of?Whom' CO, mtoxit mu; Appendix B: Proof of Publications B-4 National City PUBLIC NOTICE CITY OF NATIONAL CITY 30 DAY PUBLIC REVIEW PERIOD AND FINAL PUBLIC HEARING FOR THE DRAFT FY 2013-2014 ANNUAL ACTION PLAN Notice is hereby given by the City of National City that the draft Annual Action Plan for Fiscal Year (FY) 2013-2014 has been prepared. The Annual Action Plan outlines how the City plans to spend $852,447 in Community Development Block Grant (CDBG) funds and $306,790 in HOME Investment Partnerships (HOME) Program funds on activities that address the community development and housing needs of the City. In accordance with the federal regulations at 24 CFR, Part 91, the City of National City is required to prepare and submit an Annual Action Plan for its Housing and Community Development Programs to the U.S. Department of Housing and Urban Development (HUD). In order to obtain the views of residents, public agencies, and other interested parties, the City of National City has placed a copy of the draft Annual Action Plan for FY2013-2014 at the Office of the City Clerk, 1243 National City Blvd., First Floor, National City, during normal hours of operation beginning Wednesday, March 27, 2013. The document will also be available on the City's website at www.nationalcityca.gov through the Housing and Grants Division's CDBG and HOME Program webpage. The information will be available for public review for 30 days. Public comment on the draft Annual Action Plan for FY 2013- 2014 can be directed by mail to the City of National City Housing and Grants Division, 1243 National City Blvd., National City, CA 91950, by email to housing(a,nationalcityca.gov, or by fax to (619) 336-4349. Notice is hereby also given that the City of National City will hold the last of two public hearings on Tuesday, May 7, 2013 at 6:00 p.m. at City Council Chambers, on the second floor of City Hall, 1243 National City Blvd., to review written comments and obtain final testimony on the proposed use of funds for FY2013-2014. The final FY2013-2014 Annual Action Plan will be submitted to HUD for review and acceptance on or before May 14, 2013. For more information regarding this process, please contact the Housing and Grants Division at (619) 336-4391. Hearing impaired persons please use the CAL Relay Service Number 711. City facilities are wheelchair accessible. Please contact the Office of the City Clerk 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. Para que le interpreten la informacion en espatiol, llame al (619) 336-4391. Leslie Deese, City Manager City of National City Published in the San Diego Union Tribune Tuesday, March 26, 2013 Appendix B: Proof of Publications B-5 National City P.O. Box 120191, San Dingo, CA 92112-0191 AFFIDAVIT OF PUBLICATION CITY OF NATIONAL CITY HOUSING & GRANTS DEPT. 1243 NATIONAL CITY BLVD. ATTN: ALFREDOYBARRA NATIONAL CITY, CA 91950 STATE OF CAUFORNIA} u. County of San Diego) The Undersigned, declares under penalty of perjury under the laws of the State of California: That she is a resident of the County. of San Diego. That she is and eta tim ce herein mentioned was a citizen ofdie United States, over the age of twenty.one years, and that she is not apany to, nor invested in the above entitled matter, drat she is Chief Clerk for the publisher of The San Diego Union -Tribune a newspaper of general circulation , printed and published daily in sic City of San Diego, County of San Diego, and which newspaper is published for the dissemination of local news and intelligence of a general thtradef, and which newspaper at all the trees be1el0 mentioned had and still has a bona fide subscription lit of paying subscribers; and which newspaper has been cshblisbed, printed and published t regular intervals in the said City of San Diego, Cbmtty of San Diego, for a period exceeding one year neat preceding the date of publication of the notice hereinafter nmknad to, and which newspaper is not devoted to nor published for the intoned, entertainment or instruction of a particular Bass, pmkwsion, trade, calling, race, or denomination, ,a any number of same: that the notice of which the annexed is n printed copy, has been published in said newspaper in accordance with the animations oldie person(s) royaaling noblictiao, and not in any supplententthereof no the following dates, to win Mar 26, 2013 g/ /13 Affidavit of Publication of Legal Advertisement Ad# 0010730131E ORDERED BY: ANGELITA MARCHANTE MIRK NOIKI aTT OF NATIONAL ari SO DAYPiA1U RiYLW NAM AND MALPliKC HOMO FOR Tit DOB FY 2013$914 AfineIAL ACTION PM bm blousing and Gras l f 'lomen`OAOOaN soya Moriawrt cit(. CA 9190. to nowt tf to usbic,'ratienn;cf . j6q19)w336.es by ftra to Nodal in hereby also fain to ale City et Natrona! City N pla anal last o. tier ppWDie 'nlgrines . 1esday, NAY 7, City Cal 6.ci oC Crow, err Cirf alp m a'f ,CIN Mnti, 4$tl NGrrt r SM B:W.. b meets hereby y a-000lfnClt3 nnotice it Cale W Nh- timNiS 00 in bllietibN- eioai CVy teal !lw Qa:0a Ire at Ahlde n Annoy;ol Attire, (00 FV20131ola'lne Bra Pion ter FIIC41 Y 6or linen FYCal3-1014 7ApFmIv1 eta-rra1;l Ptws 000 are do ro oorimeelwrl1. ee meepftm, we - Limn to wend tam^4mrr��m Fan.utt Md-hto- 1''.yy DevtlM01Mtil tree reotr rq ails arOrx Gj,71t 1rl9asfes 04,03e t6M1 iCDBG. fondsH anal Grants Wi is at 11t6.7P1 in HOME r rcaas Dsel. N al I n r e s 1 a 6n t 16191� mare. Mea:- Partn6rahloa ro treaseao oer- binds Ei Pi4athm arm PieoGe Gas the inset ea Writhes CAL Novo'.aervice Snot address de Ill- Werner 711. Service fo- 01.• 01'altY dbad evelop- psitiblea} are .-aael- needs of with die a!IiceE oCity. in tfiaa tla�e,� Cimtfe' fe▪ deral re albns C+W- m re"! A16- at 06 CFR, Part St , L t,: renown 0 the CM of Notional a'Mabi litY-rcafad CitT if rewked !y ,poWficatte<i or oc- 9r0 Ore0M wacpit c(ommotntltl. McI' an Assail Adtlbn ft alinfi 41-10001 ort- Plan for as *mix: or es the meeting and Carmawnih, De- Will enable the City wewxnwN Pier to molar reoeswh!e warns to On U.a. arra inn e_io en- peoreammOtNtIR- sate Occeaw ,HY ro. laipp dW UI"104, D6- 1Ms taperiW Pala vleNpiiwt!MUDr. sue ierroseroneeen acka as In order 10 oaten .,o&,1l, lanle of tits Woos or nee- t619) 3ib1191. donblic cles ad other QMn nLeslie Deese. Arta parlay ale �iaor-ICitaV9f Ngteente F• Mos Placed a mpbyet $C11 hen draft 1 A D 't Marcel l27, M OP, • k. Oft Aso City 7p13 Clerk. 1343 Notional Fii!o{qr, NN0110m, First 0 yraig noratacl �009.� rn of ove:'W0 0001, der F7013. Ota be avojobb ea M Cleve :wash* of vas rr.nationo0Lityca.ga ygtbnlirN Nw yiigcCDED owl HOME Pro9rtan eedrpoee.,Te ado., inatiea wgi he:oYGar• - altie tar name re- view for 30 dart. Pgabc comment on ate draft Anna: At- tica Fllan nor FY rq CQb4rruil4 tube CM of Notional CAN Appendix B: Proof of Publications B-6 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7, 2013 AGENDA ITEM NO. j_9 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the First Amendment to the Lease by and between the City of National City and the Boys & Girls Clubs of Greater San Diego approving the new name and new exterior signage of the building located at 1430 "D" Avenue to "Boys & Girls Clubs Bob Payne Family Branch", in recognition of the donation to the Boys & Girls Club from L. Robert Payne PREPARED BY: Claudia Gacitua Silva — ext. 4222 EXPLANATION: DEPARTMENT: APPROVED BY: rney Staff previously received direction from the Council to return with a lease amendmen allow for the proposed renaming of the Boys & Girls Clubs facility located at 1430 "D" Avenue, and the associated signage. The prior staff report, which is attached, contains the background for this item. Staff has worked with the Boys & Girls Club on the First Amendment to the Lease, which also includes a conceptual rendering of the new signage. The proposed First Amendment to the Lease is attached for the City Council's approval. FINANCIAL STATEMENT: N/A ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt proposed resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report dated April 16, 2013 Proposed resolution First Amendment to Lease Request by the Boys & Girls Club of Greater San Diego to Re -Name the National City Branch in Recognition of a Prospective Donor Willing to Contribute $1 Million to the National City Branch The Boys & Girls Club of Greater San Diego has identified a prospective donor willing to contribute $1,000,000 to the National City Branch of the Boys & Girls Clubs. In recognition of this contribution, on behalf of the Boys & Girls Clubs of Greater San Diego, Mr. Danny Sherlock, President & CEO is requesting the National City Branch be renamed in honor of this donor. Background Over the years, the City Council has initiated and received requests to name new and existing City facilities in honor of individuals who have made significant contributions to the community. Although National City has no formal policy for naming public facilities and sites in honor of persons, there are precedents. • Kimball Park is named for a City founder; • Morgan Towers, the George H. Waters Nutrition Center and the Camacho Gymnasium were all named for former Mayors and/or Councilmembers; • The Martin Luther King, Jr. Community Center was named for a national civil rights leader; • Robles Field was dedicated in memory of Junior Robles who died tragically in a plane crash; • The Kimball Park score shack on the major's field was dedicated in 1975 in memory of Ray Hernandez, the father of Benito Hernandez; • More recently, the Portillo Recreation Center was named in honor of Manuel Portillo who dedicated many years of service to the recreation center. The request by the Boys and Girls Club currently before the City Council differs from the examples cited above for the following reasons: • Although the land and building is owned by the City of National City, the Boys & Girls Clubs of Greater San Diego maintains a 20-year lease through August 16, 2031. • The National City Boys & Girls Club originally constructed and maintained the building and improvements on the City parkland for many years with private funds raised from the community by the Boys' and Girls' Clubs. • The Boys & Girls Clubs of San Diego is a California non-profit corporation. The current lease with the Boys & Girls Club is silent on naming rights associated with the National City Branch. The City Attorney has reviewed the current lease and has opined that any change in name to the local branch would require either an amendment to the current lease or a separate naming rights agreement, and that any name attached to the facility be limited to the life of the lease. In addition, to the extent signage is sought to be attached to the exterior of the building, Section 18 of the lease addresses signage and states as follows: "Lessee agrees that no sign, advertisement, or notices shall be inscribed, painted or affixed on or to any part or portion of the outside of the Leased Premises except to be of such type and color, size and style, and in such place as may be approved by Lessor. Any additional signage or changes to existing signage after the Commencement Date will require Lessee to pay for and obtain all regulatory approvals (permits) for the Leased Premises. ' Accordingly, any change in the signage to the City -owned building requires City Council approval. The selling of naming rights to public facilities is a more recent mechanism developed as a way to raise municipal revenue. It can be seen locally in public facilities, such as sporting events or concerts that are operated for profit. For example, the City of San Diego's sports arena has been recently renamed the Valley View Casino Center. Other cities name their sports facilities after those who have paid for such naming rights. While such facilities may be operated by a third party, the public entity retains the naming rights to the facility. In this instance, as stated earlier, the City does not have an adopted Council Policy, but does have the historical practice of having named public facilities after individuals of historical significance, locally or nationally. Discussion: This matter is before the City Council to seek their direction on whether to allow a name change to the building, and if so, whether such name change can be reflected on the signage of the building. Any such change will require appropriate legal documents to be prepared and returned for approval by the Council. FIRST AMENDMENT TO THE LEASE BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE BOYS & GIRLS CLUBS OF GREATER SAN DIEGO, INC. This First Amendment to the Lease ("Amendment") is made and entered into this 6th day of May, 2013, by and between the City of National City, a municipal corporation, hereinafter designated as "Lessor", and the Boys & Girls Clubs of Greater San Diego, Inc., hereinafter designated as "Lessee," collectively referred to as the "Parties." RECITALS A. The Parties entered into the Lease By and Between the City of National City and the Boys & Girls Clubs of Greater San Diego, Inc. on August 16, 2011 ("Lease"). Pursuant to this Lease, Lessee is leasing from Lessor certain real property, including a building and other improvements, for the purpose of maintaining a clubhouse thereon, and for promoting the physical, mental, and moral well-being of the boys and girls of the City of National City, and for boys and girls in the immediate vicinity thereof. B. Lessee has identified a prospective donor (to wit: L. Robert Payne) willing to contribute one -million dollars ($1,000,000) to the National City Branch of the Boys & Girls Clubs of Greater San Diego, Inc. In recognition of this contribution, Lessee seeks to rename the National City Branch the Bob Payne Family Branch, in honor of the donor, L. Robert Payne. C. The donor, L. Robert Payne, has long established ties to the City of National City. Mr. Payne was born and raised in National City, attended school in National City, and graduated from Sweetwater Union High School. Mr. Payne has achieved a high level of accomplishment in the business community and has been a significant contributor to philanthropic organizations. Mr. Payne specifically chose the National City Branch of the Boys & Girls Clubs of Greater San Diego, Inc. as the beneficiary of his donation. D. The Lease between the Parties requires at Paragraph Number 18 that any change to existing signage be approved by Lessor. Lessee expects to change the current signage to reflect the new name of the National City Branch of the Boys & Girls Clubs of Greater San Diego, Inc. to Boys & Girls Clubs Bob Payne Family Branch. The Lease does not currently address naming rights to the Leased Premises. E. The Parties seek to enter this First Amendment to the Lease to allow for the name change to the Leased Premises and to allow the exterior signage be changed to reflect the new name, to wit: Boys & Girls Clubs Bob Payne Family Branch. NOW, THEREFORE, the parties hereto agree to the following as the First Amendment to the Lease: 1. Naming of Premises. The naming of the Leased Premises is subject to approval by the City Council. The Parties agree that the Lessee may rename the Leased Premises the "Boys & Girls Clubs Bob Payne Family Branch" for the duration of the lease between 1 2013 First Amendment to Lease Between City of National City and Boys and Girls Clubs of Greater San Diego the Parties. Any further name change to the Leased Premises shall require approval by the City Council. The Parties further agree that this Amendment constitutes the Lessor's approval of the name change to the Leased Premises and to the exterior signage consistent with the rendering attached as Exhibit A to this Amendment. Lessee shall remain obligated to obtain any and all regulatory approvals that may be required for the sign change (e.g. building and planning permits) and to comply with all laws related to signage. Nothing in this Amendment modifies, changes, or affects any Municipal Code or other law requirements related to sits or signage. 2. Each and every provision of the Lease entered into on August 16, 2011, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to Lease to be executed by their duly authorized officers or representatives as of the day and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney 2 THE BOYS & GIRLS CLUBS OF GREATER SAN DIEGO, INC. (Corporation — s fore o cO,rate officers) By: y Sherlock resident and CEO By: Tee Ness Board Chairman 2013 First Amendment to Lease Between City of National City and Boys and Girls Clubs of Greater San Diego 1/4" thick laser cut black acrylic letters Approximately 8" high letters. Mounted to wall with double sided tape and silicon adhesive. Proposed design Window graphics over entry doors in white cut vinyl. EXHIBIT A Current Si • n 13(YYS &GIRLS CLUB Bob Payne Family Branch Boys and Girls Club National City Sign Proposal.cdr SIGN-A-RAMA YOUR FULL SERVICE SIGN CENTER This drawing is submitted for your review and approval and is the exclusive property of Sign - A -Rama. It may NOT be reproduced, copied, exhibited, or utilized for any purpose, in part or in whole, by any individual without written consent of Sign -A -Rama. Copyright 2008. SIGN-A-RAMA 1509 East Valley Pkwy. #B Escondido, CA 92027 760-746-1132 FAX: 760-746-0361 Client: Danny Sherlock Address:dsherlock@sdyouth.org 04/26/13 Date: RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE LEASE BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE BOYS & GIRLS CLUBS OF GREATER SAN DIEGO APPROVING THE NEW NAME AND NEW EXTERIOR SIGNAGE OF THE BUILDING LOCATED AT 1430 "D" AVENUE, TO "BOYS & GIRLS CLUBS BOB PAYNE FAMILY BRANCH", IN RECOGNITION OF THE DONATION TO THE BOYS & GIRLS CLUB FROM L. ROBERT PAYNE WHEREAS, on August 16, 2011, the City Council adopted Resolution No. 2011- 183, approving a Lease with the Boys & Girls Clubs of Greater San Diego, Inc. ("Boys & Girls Club") WHEREAS, pursuant to this Lease, Boys & Girls Club is leasing from the City certain real property, including a building and other improvements, located at 1430 "D" Avenue, for the purpose of maintaining a clubhouse thereon, and for promoting the physical, mental, and moral well-being of the boys and girls of the City of National City, and for boys and girls in the immediate vicinity; and WHEREAS, the Boys & Girls Club has identified a prospective donor (to wit: L. Robert Payne) willing to contribute one -million dollars ($1,000,000) to the National City Branch of the Boys & Girls Clubs of Greater San Diego, Inc. In recognition of this contribution, Lessee seeks to rename the National City Branch the Bob Payne Family Branch, in honor of the donor, L. Robert Payne; and WHEREAS, Paragraph Number 18 of the Lease requires that any change to the existing signage be approved by the City. The Boys & Girls Club expects to change the current signage to reflect the new name of the National City Branch of the Boys & Girls Clubs of Greater San Diego, Inc., to Boys & Girls Clubs Bob Payne Family Branch. The Lease does not currently address naming rights to the Leased Premises. WHEREAS, the Parties seek to enter this First Amendment to the Lease to allow for the name change to the Leased Premises and to allow the exterior signage be changed to reflect the new name, to wit: Boys & Girls Clubs Bob Payne Family Branch. 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 Lease by and between the City of National City and the Boys & Girls Clubs of Greater San Diego approving the new name and new exterior signage of the building located at 1430 "D" Avenue to "Boys & Girls Clubs Bob Payne Family Branch", in recognition of the donation to the Boys & Girls Club from L. Robert Payne. --- Signature Page to Follow --- Resolution No. 2013 — Page two PASSED and ADOPTED this 7th day of May, 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: May 7, 2013 AGENDA ITEM NO. 20 ITEM TITLE: (Continued from 4/2/2013) Resolution of the City Council of the City of National City authorizing the Mayor to amend the City's current contract with Moynahan's Towing and A to Z Enterprises DBA Road One Towing, to increase fees per section 3.5 Re -Opener Clause — Fee Schedule. PREPARED BY: 'Lt. Keith Fifield / Sgt. Graham Young DEPARTMENT: Police PHONE: 1(619) 336-4514 / 336-4446 APPROVED BY: EXPLANATION: Section 3.5 of the current tow contract allows the tow contractors to request an increase in tow fees to the Chief of Police, after the first twelve month period of the current agreement. The Chief of Police reviews the request and makes a recommendation to the City Council for consideration. The Chief has reviewed this request with staff and found that under the current contract, both tow contractors have the lowest fees per tow and storage for local allied law enforcement agencies. The current fees per the "Tow Fee Schedule" are: $160 for a basic tow; $185 for a medium tow and $40 a day for storage. The current request by both tow contractors is for $190 for a basic tow; $210 for a medium size tow and $48 a day storage fee, would bring the tow contractor's fees to the middle of the tow fee schedule. Both tow contractors have indicated this will be the only rate increase request for the life of the current contract barring any unforeseen catastrophic increase in operating costs. Both tow contractors have also agreed to amend the contract and charge a flat rate tow fee of $75 to the City for victim and witness vehicles impounded for investigation purposes per Vehicle Code Sections 22655 or 22655.5; Currently these tows cost $240' FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: ;Approve the Resolution; BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 4greements Al A2 -Tow Contractor letters requesting fee increase, Moynahan Towing and Road One Towing B - Current Local Law Enforcement Tow Fee Schedule C - Chief of Police Review and Recommendation Memo Staff Report NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: April 25, 2013 TO: Keith Fifield, Lieutenant FROM: Graham Young, Sergeant SUBJECT: Staff Report on a Request to Increase the Tow Fees by Tow Contractors On April 2, 2013, a Resolution was brought before the City Council to increase the tow fees requested by the Moynahan Towing and Road One Towing. The Resolution was continued to the May 7th City Council meeting to provide an opportunity to clarify questions presented at the meeting. On April 17, 2013, Police Department staff met with the tow operator representatives from Road One and Tom Moynahan Towing to discuss the questions conveyed at the National City Council meeting of April 2, 2013 The following are the responses (italicized) to the questions (bold) presented: What is the Justification for the increase in fees? These increases are needed due to an increase in labor costs, fuel costs, insurance costs and a 20%-40% increase in workman's compensation costs. Additionally, the decrease of 30% in the volume of tows that could possibly be attributed to a reduction in the number of DUI checkpoints as a result in lower grant funding, the adoption by the State Legislature of Assembly Bill 353 and the reduction of the number of motor officers in the field. The current fees per the "Tow Fee Schedule" are: $160.00 for a basic tow; $185.00 for a medium tow and $40.00 a day for storage. The current request by both tow contractors is for $190.00 fora basic tow; $210.00 fora medium size tow and $48.00 a day storage fee, would bring the tow contractor's fees to the middle of the tow fee schedule. The requested tow increases would place the two tow companies in the middle of the pack in regards to the fee schedule for all the agencies within the County. Currently, they are the lowest in the County in the fee schedule. 1 Number of "Victim and Witness Tows" per year and how much we were charged in fees for those tows? EvidenceNictim Fees PD paid to tow companies: FY 2012 = $1, 005.00 — 7 tows FY 2013 = $1, 520.00 — 7 tows If the Police Department had a flat fee of $75.00 for evidentiary/victim vehicles then the Department would have paid $525.00 in FY 2012 and' $525.00 in FY 2013 Do the other agencies have Victim and Witness towing fees, or do they just charge for basic tow and storage etc...if so, how much do they charge for V!W tows if different from basic tow costs? A survey of other agencies showed there are no other agencies that have a Victim/Witness/Evidentiary tow fee. Costs of daily STOP fees, Tow, storage for 30-Day impounds? On a 30-Day impound, the STOP and NVIR Fees are a one-time fee and do not reoccur daily. The one time STOP fee is $150. The Negligent Vehicle Impound Release (NVIR) fees are a one-time non -reoccurring fee of$124. The STOP program commenced in January of 1998 when it was adopted by the City Council under Resolution 98-8 for the purpose of establishing an "Administrative Tow Fee" and an attempt to reduce the identified problem of driver's who had suspended driver's licenses causing fatal traffic collisions and felony related traffic incidents. At the inception of this program, unlicensed and suspended drivers accounted for 47% of the fatal and felony traffic cases. The goal of the project was to take chronic offenders off the streets by means of impounding their vehicles or arrests in order to protect the citizens of National City. Can the 30-Day impounds be reduced to reduce the cost to the person who had their vehicle impounded? The California Vehicle Code (Per 14602.6) states, "Whenever a peace officer determines that a person was driving a vehicle while his or her driving privilege was suspended or revoked, driving a vehicle while his or her driving privilege is restricted ( pursuant to Section 13352 or 23575) and the vehicle is not equipped with a functioning, certified interlock device, or driving a vehicle without ever having been issued a driver's license, the peace officer may either immediately arrest that person and cause the removal and seizure of that vehicle or, if the vehicle is involved in a traffic collision, cause the removal and seizure of the 2 vehicle without the necessity of arresting the person in accordance with Chapter 10 (commencing with Section 22650) of Division 11. A vehicle so impounded shall be impounded for 30 days" Through a "post -storage impound hearing" certain circumstances are taken into account or consideration to whether or not a vehicle will be released early. Examples of these circumstances are whether or not the registered owner gave permission for a person to drive their vehicle who did not have a valid driver's license; the registered owner has had their license reinstated after it was suspended, the registered owner obtained a driver's license when they previously did not have one, etc. One of the reasons the hearing officers are strict in releasing vehicles from a 30- day hold during the post -storage impound hearing is because of liability. If the hearing officer releases a vehicle early to a person who does not have a valid license, the Police Department and City could be held liable if the person who the vehicle was released to is involved in a traffic collision. The "post -storage impound hearing" is not the final word on the matter of releasing the vehicle early. If the registered owner is not successful in having their vehicle returned to them through the post -storage impound hearing, the registered owner may seek an appeal from the San Diego Superior Court. if the registered owner shows good cause for the vehicle to be released and the presiding judge releases the vehicle, then the registered owner returns to the Police Department and the Police Department is mandated to release the vehicle through a court order. There is no liability on the police department for releasing the vehicle early with a court order and the courts and judges have absolute immunity when it comes to liability. These increases would have a negative affect for average citizens in National City. National City residents are not mandated to use the two tow contractors for private "every -day" business use; they can use such companies as Western Towing, JC Towing, Cortez Towing, etc. When police officers respond to collision scenes within the borders of National City, the officers generally ask the individual what private tow company They would like to use for a tow if their vehicle is immobile. These increases would impact those individuals who are violating the law by driving on a suspended/revoked or non -valid driver's license. These are the individuals who should not be driving and putting National City residents at risk. The Department has experience at DUI checkpoints that the majority of the 30-day holds on vehicles at these checkpoints are from non- residents of National City who are passing through the City. Number of tows for each category, i.e. Basic Tow, medium tow and Large, and the percentage of each? Road One: From the beginning of the current tow contract through March 2013 records show; 1515 tows of which only 35 were `Medium Duty or Heavy Duty' or 2.31 % of the calls. 97.69% of the calls have been for basic or light duty tows. Moynahan Towing: From the beginning of the current tow contract through March 2013 records show; 1349 tows of which only 20 were 'Medium Duty or Heavy Duty' or 2.70% of the calls. 97.30% of the calls have been for basic or light duty tows Graham Youn•` Sergeant National City Police Department Traffic Division 4 FIRST AMENDMENT TO THE AGREEMENT FOR TOWING AND IMPOUND SERVICES BY AND BETWEEN THE CITY OF NATIONAL CITY AND MOYNAHAN TOWING BY AMENDING SECTION 3.5 OF SAID AGREEMENT TO INCREASE FEES THIS FIRST AMENDMENT to the Agreement for Towing and Impound Services is entered into on this 2nd day of April, 2013, by and between the City of National City ("City") and Moynahan Towing ("Contractor"). RECITALS WHEREAS, the City and the Contractor entered into an Agreement for Towing and Impound Services ("Agreement") on or about October 1, 2011, providing for towing and impound services by the Contractor from October 1, 2011 through September 30, 2013. WHEREAS, Pursuant to Section 3.5 of the Agreement, Re -Opener Clause — Fee Schedule, after the first 12 consecutive month period of the Agreement, Contractor may request and the City may agree to increase the Fee Schedule set forth in Exhibit "A" to the Agreement to adjust the fees consistent with the community standard for police towing in San Diego County. WHEREAS, Contractor has requested in increase the Fee Schedule in Exhibit "A" to the Agreement and the City finds that such increase is consistent with the community standard for police towing in San Diego County. WHEREAS, the Parties also desire to amend the Fee Schedule by adding a $75 fee for Victim/Witness Impounds for victim and witness vehicles that are impounded for investigation purposes in accordance with Vehicle Code Sections 22655 and 22655.5. NOW, THEREFORE, the parties hereto agree that the Agreement shall be amended as follows: 1. The Parties agree to amend the Fee Schedule set forth in Exhibit "A" to the Agreement to increase the fee schedule as set forth below and in the attached Exhibit "A" to adjust the fees consistent with the community standard for police towing in San Diego County. SERVICE CURRENT FEE AMENDED FEE Basic Tow $160 $190 Medium Tow $185 $210 Daily Storage Rate $ 40 $ 48 Victim/Witness Tow Fee (Evidence Hold) --- $ 75 1 2. Notwithstanding paragraph 1, above, each and every other provision of the Agreement dated October 1, 2011, shall remain in full force and effect. 3. The person signing this First Amendment to the Agreement on behalf of the Contractor represents that he/she has the authority to bind the Contractor as its designated representative. IN WITNESS WHEREOF, the Parties hereto have executed the First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY MOYNAHAN TOWING By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 2 TOWING FEE SCHEDULE SERVICE FEE • BASIC TOWING includes First Hour Hookup, Labor, Standby Time for vehicles under 9,500 GVW (unloaded). $190 • MEDIUM SIZE TOWING — BASIC TOWING includes First Hour Hookup, Labor, Standby Time for vehicles over 9,500 GVW but less than 22,000. $210 • LARGE SIZE — BASIC TOWING includes First Hour Hookup, Labor, Standby Time for Vehicles over 22,000 GVW (Unloaded). $225 • ON -SCENE OR STAND-BY LABOR: Each 15-minute increment, beyond first hour, is charged only when extraordinary labor must be expended to recover a vehicle. STANDBY is charged when the job cannot be started and must be explained on the tow bill $40 • DOLLIES will only be used when there is not a less expensive, safe manner of handling the situation. $55 • DRY RUN may also be known as a "HOOK-UP — DROP FEE" and is charged when the vehicle is hooked up and the owner returns before the vehicles is in transit. $50 • PER MILE TOWING applies only to vehicles recovered outside the jurisdiction of the City of National City. $5 • MAXIMUM STORAGE — PER DAY: "Per Day" is defined as a 24-hour period. • STORAGE PER HOUR: Up to a maximum of $15 per hour. • AFTER HOURS VEHICLES RELEASE: After 6PM and before 8AM, including weekends and all holidays. • NOTIFICATION OF LIEN SALE: Vehicle valued at Tess than $4,000 (22851.12 CVC). • NOTIFICATION OF LIEN SALE: Vehicle valued at over $4,000 (22851.12 CVC). • POLICE EQUIPMENT TOWING within jurisdictional limits of National City. • CITY EQUIPMENT TOWING includes all City vehicles. Also includes police vehicles towed from outside jurisdictional limits of National City. • VICTIM/WITNESS TOW FEE (Evidence Hold) $48 $15 $65 $70 $100 No Charge 25% basic tow fee $75 EXHIBIT A CITY ADMINISTRATIVE FEES • NEGLIGENT VEHICLES IMPOUND RELEASE FEE $124 • SERIOUS TRAFFIC OFFENDER PROGRAM FEE $150 EXHIBIT A FIRST AMENDMENT TO THE AGREEMENT FOR TOWING AND IMPOUND SERVICES BY AND BETWEEN THE CITY OF NATIONAL CITY AND A TO Z ENTERPRISES, INC., DBA ROAD ONE TOWING BY AMENDING SECTION 3.5 OF SAID AGREEMENT THIS FIRST AMENDMENT to the Agreement for Towing and Impound Services is entered into on this 2nd day of April, 2013, by and between the City of National City ("City") and A to Z Enterprises, Inc., DBA Road One Towing ("Contractor"). RECITALS WHEREAS, the City and the Contractor entered into an Agreement for Towing and Impound Services ("Agreement") on or about October 1, 2011, providing for towing and impound services by the Contractor from October 1, 2011 through September 30, 2013. WHEREAS, Pursuant to Section 3.5 of the Agreement, Re -Opener Clause — Fee Schedule, after the first 12 consecutive month period of the Agreement, Contractor may request and the City may agree to increase the Fee Schedule set forth in Exhibit "A" to the Agreement to adjust the fees consistent with the community standard for police towing in San Diego County. WHEREAS, Contractor has requested in increase the Fee Schedule in Exhibit "A" to the Agreement and the City finds that such increase is consistent with the community standard for police towing in San Diego County. WHEREAS, the Parties also desire to amend the Fee Schedule by adding a $75 fee for Victim/Witness Impounds for victim and witness vehicles that are impounded for investigation purposes in accordance with Vehicle Code Sections 22655 and 22655.5. NOW, THEREFORE, the parties hereto agree that the Agreement shall be amended as follows: 1. The Parties agree to amend the Fee Schedule set forth in Exhibit "A" to the Agreement to increase the fee schedule as set forth below and in the attached Exhibit "A" to adjust the fees consistent with the community standard for police towing in San Diego County. SERVICE CURRENT FEE AMENDED FEE Basic Tow $160 $190 Medium Tow $185 $210 Daily Storage Rate $ 40 $ 48 Victim/Witness Tow Fee (Evidence Hold) --- $ 75 1 2. Notwithstanding paragraph l , above, each and every other provision of the Agreement dated October 1, 2011, shall remain in full force and effect. 3. The person signing this First Amendment to the Agreement on behalf of the Contractor represents that he/she has the authority to bind the Contractor as its designated representative. IN WITNESS WHEREOF, the Parties hereto have executed the First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: A TO Z ENTERPRISES, INC., DBA ROAD ONE TOWING (Signatures of two corporate officers required) By: By: Claudia Gacitua Silva Brad Ramsey, Vice -President City Attorney Dale Wineteer, President 2 TOWING FEE SCHEDULE SERVICE FEE • BASIC TOWING includes First Hour Hookup, Labor, Standby Time for vehicles under 9,500 GVW (unloaded). $190 • MEDIUM SIZE TOWING — BASIC TOWING includes First Hour Hookup, Labor, Standby Time for vehicles over 9,500 GVW but less than 22,000. $210 • LARGE SIZE — BASIC TOWING includes First Hour Hookup, Labor, Standby Time for Vehicles over 22,000 GVW (Unloaded). $225 • ON -SCENE OR STAND-BY LABOR: Each 15-minute increment, beyond first hour, is charged only when extraordinary labor must be expended to recover a vehicle. STANDBY is charged when the job cannot be started and must be explained on the tow bill $40 • DOLLIES will only be used when there is not a less expensive, safe manner of handling the situation. $55 • DRY RUN may also be known as a "HOOK-UP — DROP FEE" and is charged when the vehicle is hooked up and the owner returns before the vehicles is in transit. $50 • PER MILE TOWING applies only to vehicles recovered outside the jurisdiction of the City of National City. $5 • MAXIMUM STORAGE — PER DAY: "Per Day" is defined as a 24-hour period. • STORAGE PER HOUR: Up to a maximum of $15 per hour. • AFTER HOURS VEHICLES RELEASE: After 6PM and before 8AM, including weekends and all holidays. • NOTIFICATION OF LIEN SALE: Vehicle valued at Tess than $4,000 (22851.12 CVC). • NOTIFICATION OF LIEN SALE: Vehicle valued at over $4,000 (22851.12 CVC). • POLICE EQUIPMENT TOWING within jurisdictional limits of National City. • CITY EQUIPMENT TOWING includes all City vehicles. Also includes police vehicles towed from outside jurisdictional limits of National City. • VICTIM/WITNESS TOW FEE (Evidence Hold) $48 $15 $65 $70 $100 No Charge 25% basic tow fee $75 EXHIBIT A CITY ADMINISTRATIVE FEES • NEGLIGENT VEHICLES IMPOUND RELEASE FEE • SERIOUS TRAFFIC OFFENDER PROGRAM FEE $124 $150 EXHIBIT A 4-77.71.c1-(44eA /4 / Tom Moynahan 619-477-9362 November 12, 2012 Dr. Adolfo Gonzales, Chief of'Police National City Police Department 1200 National City Blvd. National City, CA 91950 Re: Tow Agreement - Fee Adjustment The purpose of this letter is to request consideration of adjustments to the Fee Schedule associated with the Tow Agreements. The Agreements, in Section 3.5, provide for this adjustment after the first twelve months which has now been completed. The Agreements' intention is for the fees to be adjusted "...consistent with the community standard for police towing in San Diego County.". For convenience, I have attached a chart providing the current fee schedule for NCPD and the other local agencies. Like most businesses, we continue to operate in a challenging business environment and are in real need of this review. Based on the information from the attached chart, the fee Schedule for NCPD is at the lowest levels at this time. Our request is to make a few adjustments to bring fees into the middle range as li.sted below: Basic Tow - $190.00 Medium Tow - $210.00 Storaee - $48.00/Day We believe this to be a reasonable approach and are available should there be any question or need for additional information. Any Question please feel free to call me. Tom Moynahan 619-477-9362 4TYoicff,Ntci!r ,- - 2- PHONE: (858) 492-5200 November 9, 2012 Dr. Adolfo Gonzales, Chief of Police National City Police Department 1200 National City Blvd. National City, CA 91950 Re: Tow Agreement - Fee Adjustment The purpose of this letter is to request consideration of adjustments to the Fee Schedule associated with the Tow Agreements. The Agreements, in Section 3.5, provide for this adjustment after the first twelve months which has now been completed. The Agreements' intention is for the fees to be adjusted "...consistent with the community standard for police towing in San Diego County.". For convenience, I have attached a chart providing the current fee schedule for NCPD and the other local agencies. Like most businesses, we continue to operate in a challenging business environment and are in real need of this review. Based on the information from the attached chart, the Fee Schedule for NCPD is at the lowest levels at this time. Our request is to make a few adjustments to bring fees into the middle range as listed below: Basic Tow - $190.00 Medium Tow - $210,00 Storage - $48.00/Day We believe this to be a reasonable approach and are available should there be any question or need for additional information. Please notify me of how this should proceed and what should be expected.. Regards, Brad Ramsey Vice President RoadOne (858)492-5201 Encl. 3821 Calle Fortunada, Ste, A San Diego, CA 92123 Agency Tow Fee Schedule as of: November 1. 2012 lAgency: NCPD CHP Chula Vista Police San Diego Police Sheriff Service: Basic Tow $160.00 $220.00 $208.00 $178.00 $185.00 Medium duty(hr)t $185.00 $250.00 $325.00 $190.00 $195.00 Heavy duty (hr) $225.00 $300.00 $325.00 $250.00 $210.00 Labor (hr) $40.00 $65.00 $72.00 Dollies - f/bed I $55.00 $50.00 $47.00 Mileage $5.00 $5.50 Storage $40.00 $50.00 $50.00 $38.00 $40.00 i NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: January 15, 2013 TO: Leslie Deese, City Manager FROM: Adolfo Gonzales, Chief of Police SUBJECT: Request by Tow Contractors for an increase in tow fees. On November 9, 2012, Road One Towing and Moynahan's Towing requested an increase in fees pursuant to Section 3.5 of current tow contract between the City and the two above -mentioned contractors. Per the current contract, after the 12 months of the contract, contractors may request and be granted an increase in fees with the approved recommendation by the Chief of Police. 1 have reviewed this request with staff and found that under the current contract, both tow contractors have the lowest fees per tow and storage for all allied law enforcement agencies within the County. The current fees per the "Tow Fee Schedule" are: $160.00 for a basic tow; $185.00 for a medium tow and $40.00 a day for storage. The current request by both tow contractors is for $190.00 for a basic tow; $210.00 for a medium size tow and $48.00 a day storage fee, would bring the tow contractor's fees to the middle of the tow fee schedule. Both tow companies have indicated this will be the one and only rate increase request for the life of the current contract barring any unforeseen catastrophic increase in operating costs. Based on my review of the request and the recommendations from Staff, I approve the request for the increase of tow fees for both tow company contractors. If the City Council and the City Manager's Office are not inclined to increase the fees to the amount requested by the tow contractors, my recommendation is to allow the tow contractors to a $20.00 increase in tow fees, both basic and medium size and a $5.00 increase in storage fees. This would be a fair counter offer if City Council believes $190 is too much of a spike for this community's economic level. Respectfully Submitted, Adolfo Gonzales, D.Ed Chief of Police National City Police Department C RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENTS TO THE AGREEMENTS FOR TOWING AND IMPOUND SERVICES WITH MOYNAHAN TOWING AND A TO Z ENTERPRISES, INC., DBA ROAD ONE TOWING TO AMEND THE FEE SCHEDULES WHEREAS, on September 27, 2011, the City Council adopted Resolution 2011- 218, entering into Agreements for Towing and Impound Services ("Agreements") with Moynahan Towing and A to Z Enterprises, Inc., dba Road One Towing from October 1, 2011 through September 30, 2013. WHEREAS, pursuant to Section 3.5 of the Agreements, Re -Opener Clause — Fee Schedule, after the first 12 consecutive month period of the Agreements, Moynahan Towing and Road One Towing may request amending the Fee Schedule to be consistent with the community standard for police towing in San Diego County; and WHEREAS, Moynahan Towing and Road One Towing have requested amending the Agreements by amending Exhibit "A" to the Agreement to increase the fees for Basic and Medium Tows and the Daily Storage Rate, and adding a $75 fee for Victim/Witness Vehicles Impound, as set below: SERVICE CURRENT FEE AMENDED FEE Basic Tow $160 $190 Medium Tow $185 $210 Daily Storage Rate $ 40 $ 48 Victim/Witness Vehicles Impound ---- $ 75 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute the First Amendments to the Agreements for Towing and Impound Services with Moynahan Towing and A to Z Enterprises, Inc., dba Road One Towing to amend the Fee Schedule as set forth in Exhibit "A" to adjust the fees to be consistent with the community standard for police towing in San Diego County by increasing the fees for Basic and Medium Tows and the Daily Storage Rate, and by adding a $75 fee for Victim/Witness Vehicles Impound. PASSED and ADOPTED this 7th day of May, 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: May 7, 2013 AGENDA ITEM NO. 21 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the allocation of Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program entitlement funds appropriated for 2013/2014, accrued program income, and funds remaining from completed projects to CDBG and HOME activities recommended for inclusion in the 2013/2014 Annual Action Plan and authorizing the submission of said Plan to the United States Department of Housing and Urban Development. (Housing and Grants) PREPARED BY: Carlos J. Aguirre, Comm. Dev. Specialist II DEPARTMENT: Housin PHONE: (619) 336-43911 APPROVED Bl "i_ 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. The 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 will adopt the Fourth -Year Action Plan activities for submission to HUD before May 15, 2013. FINANCIAL STATEMENT: APPROVED: '1/4---/f/ 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 remaining from completed projects toward FY2014 CDBG activities. ENVIRONMENTAL REVIEW: Not applicable to this report. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution! BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: See Attachments under Public Hearing No. 2 of 2 for the 2013/2014 Annual Action Plan Item of the Agenda RESOLUTION 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS PROGRAM ENTITLEMENT FUNDS APPROPRIATED FOR 2013/2014, ACCRUED PROGRAM INCOME AND FUNDS REMAINING FROM COMPLETED PROJECTS TO CDBG AND HOME ACTIVITIES RECOMMENDED FOR INCLUSION IN THE 2013/2014 ANNUAL ACTION PLAN AND AUTHORIZING THE SUBMISSION OF SAID PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, as an entitlement community, the City of National City ("City") administers the Community Development Block Grant ("CDBG") and the Home Investment Partnerships Act ("HOME") Program for the Federal Government under the United States Department of Housing and Urban Development ("HUD"); and WHEREAS, in accordance with the federal regulations at 24 CFR, Part 91, the City is required to prepare and submit an Annual Action Plan for its Housing and Community Development Programs in accordance with the needs and priorities established in the Five -Year Consolidated Plan approved by the City Council on May 4, 2010; and WHEREAS, HUD requires that all CDBG and HOME Program entitlement communities, such as the City of National City, hold at least two public hearings and a 30-day public comment period to solicit input on the Annual Action Plan, which includes a reallocation of entitlement funds awarded in previous years, and program income receipted by the City; and WHEREAS, the City Council conducted a duly advertised public hearing on March 19, 2013 and May 7, 2013, to receive input from the public; and WHEREAS, the City placed the draft Annual Action Plan, which includes a list of proposed activities for the CDBG and HOME Programs and the intent to reallocate funds for a duly advertised 30-day public comment period, on the City's website and in the Office of the City Clerk from March 27, 2013 to April 25, 2013; and WHEREAS, the City will incorporate any comment received during the 30-day public comment period in the final submission of said Plan by May 15, 2013; and WHEREAS, HUD has not released entitlement appropriations to the City and staff has estimated the FY 2013-2014 HUD formula allocation to be $739,824 for CDBG and $238,956 for the HOME Program which have been used to determine the Annual Action Plan activities considered for funding identified in Exhibit "A" based on the ranking method implemented by the City Council at the first Public Hearing on March 19, 2013; and WHEREAS, staff will make necessary adjustments to the CDBG and HOME activity allocations listed in the Annual Action Plan by following the ranking method as has been directed by the City Council when final appropriations are released by HUD; and WHEREAS, the City Manager will be authorized to approve any adjustments made and make the final allocations official by attaching the final list of Annual Action Plan activities to the Resolution as Exhibit "B" and promptly notifying all intended recipients of entitlement funds listed in Exhibit "A"; and Resolution No. 2013 — Page Two May 7, 2013 WHEREAS, staff has identified and verified the availability of $112,623 in CDBG funds remaining from previous year projects that have been completed to supplement the funding of activities listed in the FY 2013-2014 Annual Action Plan as listed in Exhibit "A"; and WHEREAS, staff has also identified and verified program income received from the HOME Program in the amount $67,834 that can be used to supplement the funding of activities listed in the FY 2013-2014 Annual Action Plan as listed in Exhibit "A". NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the reallocation of $112,623 in CDBG funds remaining from completed projects and $67,834 in HOME Program income to supplement the funding of activities included in the FY 2013-2014 Annual Action Plan. BE IT FURTHER RESOLVED that the City Council authorizes the submission of the FY 2013-2014 Annual Action Plan for the expenditure of said funds to the U.S. Department of Housing and Urban Development. BE IT FURTHER RESOLVED that the City Manager is authorized to approve changes in funding to the activities listed in Exhibit "A" in a manner substantially consistent with the ranking method implemented by the City Council. BE IT FURTHER RESOLVED that City Manager is hereby authorized to execute in name of the City of National City the final submission of the Fiscal Year 2013-2014 Annual Action Plan, certifications, and agreements required by HUD for the full implementation of the activities funded under said Plan. PASSED and ADOPTED this 7th day of May, 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: AGENDA ITEM NO.22 ITEM TITLE: Resolution of the City Council of the City of National City supporting a reasonable and comprehensive approach to immigration reform. PREPARED BY: Leslie Deese, City Manager DEPARTMENT: City M nap PHONE: 619-336-4240 APPROVED BY:ryw EXPLANATION: See Attached FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: For Council consideration BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1) Resolution 2) Staff Report Introduction Immigration reform is an important issue currently being discussed and debated at the federal level. On April 17, 2013, the bipartisan group of Senators, known as the "Gang of Eight," introduced the Border Security, Economic Opportunity, and Immigration Modernization Act (the "Bill"). The Bill includes numerous revisions to the current immigration system, including border security improvements, prospective legalization for those currently in the United States under unlawful status, and updates to the immigration legal system. Members of the House of Representatives are also drafting bipartisan immigration reform legislation, but no completion date is imminent. Locally, resolutions that have passed in support of immigration reform include the City of San Diego and the City of Chula Vista, the San Diego Unified School District, the San Diego Community College District, and the Southwestern Community College District. On April 2, 2013, the City Council of National City discussed the subject of immigration reform and directed the formation of an ad -hoc committee to draft a resolution in support of reforming the immigration system in a way that allows for a pathway to citizenship for undocumented immigrants currently living in the United States. The City Council also directed the draft resolution reflect National City's demographic and diverse makeup of our residents. The ad -hoc committee, consisting of the members named below, provides for City Council consideration of a draft resolution in support of a reasonable and comprehensive approach to immigration reform. • Vice Mayor Luis Natividad • Councilmember Alejandra Sotelo-Solis • Pedro Rios, San Diego Immigrant Rights Consortium • Police Chief Manuel Rodriguez • City Manager Leslie Deese RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING A REASONABLE AND COMPREHENSIVE APPROACH TO IMMIGRATION REFORM WHEREAS, the City of National City is a diverse city with residents that include immigrants and refugees from many parts of the world who work, own homes, operate businesses, and contribute to the economic, social, and cultural well-being of the City; and, WHEREAS, the United States is a beacon of liberty with due process and civil rights firmly embedded in the democratic principles of this nation, principles that must be reflected in our immigration system; and WHEREAS, the City of National City is a neighboring city to the city of Tijuana, Mexico, and the two cities have significant economic, social, and cultural ties. The City of National City, as the sister city to the city of Tecate, Mexico share these same significant ties; and WHEREAS, the City of National City has 22,487 foreign -born residents, which constitutes 41.4% of the City's total population, of which 26.3% are from Latin America and 14.6% are from Asia; and WHEREAS, in addition to the cultural and social riches our nation receives through the San Diego -Tijuana international border ports -of -entry drive regional and national trade with economic benefits approaching $500 billion in trade in 2011, according to a 2012 Boarder Research Partnership report produced by the Wilson Center; and WHEREAS, years of gridlock in Congress on immigration reform have created a broken immigration system which has led to harmful social and economic implications for the residents, many of them living in San Diego County and in the San Diego metropolitan regions; and WHEREAS, it is important that immigration reform preserve families and keep them together, regardless of the immigration status, race, ethnicity, religion, gender, national origin, age, disability, family structure, sexual orientation, gender identity, including same -sex couples, and provide sufficient family -based channels for migration in the future; and WHEREAS, the City of National City supports, and immigration reform should include, an efficient and safe border, including added federal investment in infrastructure and technology at our ports of entry, as well as adequate staffing, to keep pace with the expanding bilateral trade and population growth of the border region; and WHEREAS, the City supports, and immigration reform should include, a pathway to citizenship for the 11 million undocumented immigrants living within our nation's boarders — not tied to unreasonable conditions; and WHEREAS, it is equally important to provide a pathway to citizenship for those individuals who were brought to or entered into the United States without proper documentation as young children and have been raised and educated in the United States; and WHEREAS, the current visa backlog for family -sponsored immigration petitions is over 20 years long and deters individuals wanting to come to the United States from doing so; and Resolution No. 2013 — Page Two WHEREAS, reform must clear out the visa backlog, streamline the process for procuring visas, and include business accountability measures to ensure that U.S. companies have the resources they need when talent is not available. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City supports the work of the 113`h Congress to create a reasonable, bi-partisan and comprehensive approach to reform the currently broken immigration system that is in the best interests of National City, the greater San Diego region, and the nation, as described in this Resolution. BE IT FURTHER RESOLVED that the City Clerk is directed to send a copy of this Resolution to the President of the United States and the Honorable members of the 113th Congress and State officials who represent the San Diego region, urging a comprehensive, fair and just immigration reform. BE IT FURTHER RESOLVED that the City Clerk is directed to send a copy of this Resolution to President Obama and the members of the 113th Congress who represent the San Diego region, urging immediate implementation of immigration reform. PASSED and ADOPTED this 7th day of May, 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: May 7, 2013 AGENDA ITEM NO. 24 ITEM TITLE: Temporary Use Permit — 'Every Fifteen Minutes' hosted by the National City Police Department at Sweetwater High School from May 15, 2013 to May 16, 2013. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neigh¢'orhogdrvices Division APPROVED BY: 1 This is a request from the National City Police Department to conduct the 'Every Fifteen Minutes' simulation at Sweetwater High School from May 15 to May 16, 2013. This event is a simulation of the real -life experience without the real -life risks and consequences of drinking alcohol and texting while driving. This event includes the participation of our Police and Fire Department, High School Staff, local hospitals, video production crew, community officials, District Attorney's Office, funeral homes, and a wide cross-section of the community at -large. Event organizers are requesting street closures of E 30th Street, from 'D' Avenue to Highland Avenue on May 15, 2013 from 8 a.m. to 12 p.m. to display a mock traffic collision at E. 30th & F Avenue. May 15th will be the only day where City services are being requested. The May 16th date will involve activities both on campus and at outside facilities and agencies. Residents in the area will be notified regarding the event and street closure. The school will also send out notification to students of this event. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: The City has incurred $237.00 for processing the TUP and $174.84 for Public Works. Total Fees are $411.84 All fees will be paid via Police Grant ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. All fees for this event will be paid via Police Grant. 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 Parade X bemonstration'' Motion Picture Grand Opening.' _ Festival __Community vent Circus Block Party Other _ Event Title:Mt Event Location: "bvt6.4"rK.a V.G,N Event Date(s): From CEIS t'a' to t)'S l 3; Actual Event Hours: OeOT Opm to taco :. arn/ Total Anticipated Attendance:: giStiZt, (4D Participants &MD Spectators), Setupiassemblylconstruction Date: CySve t Start time: CYSZa Please describe the scope of your setup/assembly work (specific details): vtn is. -ram` 'i' rFr.L VC4l..Lb�a.� — %.:Fts :' t- -.i — .wDr •• Dismantle Date; :Ot-115':+,3 . Completion Time: 140.30. air / c�: List any'street(s) requiting,closure as a result of this event. Include streetname(s),,day and time of Closing and day and time of reopening. Applicant (Name): Address: 1 •?dap tis ' Daytime Phone: (bid()'U04.4444 Evening Phone: (tack) wok. 5 ctt.r Fax: (%61 t ` 446 E-Mail: 41%001.6? 4 " c. . a .J Contact Person on site" day of the event: C. L., Cellular: Gt 549 • 41°4tp NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Are admissibn entry, vendor- or participant fees required'? if YES, please explain the purpose and provide • amount{s): Is your organization a `.'Tax Exempt, nonprofit" organization? YES NO YES . '►/<0 $ - Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ .W, • Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization wilt receive as a result of this event? Please ritirqvide r a DETAILED, DESCRIPTION of your event. In details regarding any components of your event such as the use of vehicles, •animals, rides or any other pertiirient information about the event. •‘y • P.' � ►+^�' - ;04r."'..4 ;1.rnnt* r (**'* rAe� rl '*441 4 DL*.4<5 st406Nr4r"s '[i ilt�.JfL $►N� ��t wa4 • .• �J�• , .+?R-► ti.� tt , iti1E E1►rJ.r'T` yS�� L a c ..c Atsa ' , 6 • 1.4 �►.►. - a . b �i.0 . ► avir t ri— YES, ✓NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additionaldealers involved in the sale: YES • o 'Does ttie event inuoive the'sale or'use of at oholic beverages'. o: %Mll /terns or services, be sold at the;event' Nye$, please desCtibe`, F(O tines the•event involve a moving,route of any kind along streets, • sidewalks or ' :`highways? ft YES attach_; a. detailed map of your" proposed • route indicate the direction pf travl, and eprovide a written narrative to, explain your route. •YES _ No ' DGes th$;event involve a fixed venue site If YES; attach a detailed Site rnap showing;atl streets impacted by the'eevent YES ✓h'lo `Does fhe'event involve the use o'f•tents or canopies? 'If YES.: Number of tent/canopies Sizes NOTE: A• separate Fire Depetirnent permit is required for tents or Canopies. YES ✓KIO' Will the event involve the use bf the Cif Or your stage or PA system? S.PECIFY:• .• In addition to the route map required above., please attach a diagram slowing,the overalt:layout: and set-uplocations.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.tdilets: • ('bfor.every 250 people is required, unless the applicant can show that there are'faciliities in the immediate area available to the public during" the event) Tables . ;.and Chairs;#. Fencing; barriers. � yaI ' Cif' tea.d.:_ "; ( -to Gerierator locations and/or source of electricity • Canopies or tent locations (include tent/canopy'dimentions) Booths, .exhibits; displays or enclosures • Scaffolding, bleachers; platforms, stages, grandstands or related structures Vehicles and/or trailers — +l►t64--r- L 644,e,s„fts 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 sif:trash ;cans:..Trash containers with lids: Desclbe'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; inter -net Security: _ YES ✓NO Have you hired,any professional Security organization to dandle security arrangements for this event? If YES please Security Organization: Security Organization Address. Security Director (Name): Phone: YES v 40 Is this a night event? if YES, please state how the eventand 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. 113 ..OJ *r-& j ►.4 ctr+►' Pleaggedescri a your Accessibility. Plan for access at your event by individuals. with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKIN: Please describe your plans to notify all residents, businesses and churches impacted by the event isc.PC Low— t ....h?a.,- Kae f-c..or++,r+. TC R4tico rl 't frrga A 1 : 16:- Pim.tubC] NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. • O ; Are there arry musicat entertainment features related to your event? If YES, please state the number of'stages, number of bands and type ofmusic, Number, of Sta9es: Number of Bands 'Type ofMusic:, YES,_ NO Will sound amplfication be used? If YES, •please,indicate Start time:`. llCsb• ,. �p Finish Time 1"241 am m YES _ NQ'WII sound checks be conducted priorto the event? If YES, please indicate: Start time: : % pm .Finish Time k64 atom • Please• describe tie. sound,equiphtent that Will:be used;:for your event: _ YES:,✓FIQ Fireworks; •lockets, r other pyrotechnics? If YES, please describe• YES. jell° ny signs', banners, decorations, specit l lighting? if YES, please: describer City f National Cif PUBLIC PROPERTY IJSE HOLD .HARMLESS ANC' D AGREEMENT fN EMNii�iICAT1t)N'.AO Persons requesting use of City property, facilities orpersonnel are required: to, . provide a minimum of $1,000,000 combined singielimitinsurance for bodily. injury and property'darnage which," includes' the City, :its officials, agents and employees named as'.additiotal inan sured d: to sign the Hold tiarrriless. Agreement ,Certificate of insurance must be attached to this permit. Organization. ` . Person in Charge of Activity Address,4.4cC�, i.T`- • ep` Telephone 'a'ite 2beefs j of Use bS s%`.-• o,a w HOL4. HARMLESS: AGREEMENT As a condition of the,.issuarice 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, of any litigation and other liability, indluding attorneysiees 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 permitteeor its agents, employees or contractor's: Signature of Applicant Official Title Date sZcsa.A. +. OA`o24i3 For Offioe Use.Otdy Certificate "of Insurance Approved . Date Abut Js Cert. rrq Evelits Guestho S011 zins Manual e rio ri al V:11l Photos Pr Par • Vi Lie° 1'4 vws UteS.coni 1„Ife's teSeCine ate brest earned through- experience UnfortunertelY when the target audience ,is • • , • • • •. • , , teenS and thetripic Is" drinking and texting while dnving, experience is not the teacher of choice. The Eirety:15.iiitinUteS:piograrti.Offera experience without the.reel4ife Oaks,This erriotioriallichergedproOM.:erititled .-yetf 15 Minutes, .is, an event designed to.drametjOegy instill teenagers with Itrepotentially dangerous aoriepOeneeS of 'drinking alcohol end teXting whiie drhing This powerful program will challenge students to think about drinking. texting • del'orthg;persoria1 01f and the ies0o0Sibititi...bi making theitis'eeCiiione*hen lives are During the:lirst'day events the "Grim Reapercalls students who have. been selected from. a creigrsectiori3Of the entire student liOdy, out of class. One student is removed from class every 15 MtiNiteS.fAriaiiceOgiOer will immediately; enter (*class:Oar:61A read an obituary which has • *00:40ittehtiftne stildenee.:Perent(e)'-feiiplalning*the Cirturnstanoori.•of their • dassmatee demise and the contributions the student has *eceto the school and the community. A few minutes later, thi•studerit'.Wilr return to CiaSS.as the IhJng dead, complete with white face make-up, Si,Ceraners• tag. and a bleCk.0,41y•I5 MinUteS:t:-Shirt: From.thet point. ' .,•on.Nictitni7,•-wiltnASpe*ar, ti*eet.oth isiheisti4etOlor#ta,fai0014..atallfiaS6hPal 0E4- OnItOlrried.:*0‘''404k'0*,:c10001.-60ifiqafold:SPlitOhts .3t1hese • children at theirhOriii';PlaPeoffsndlqmerit-briat4sinees.:, . . • After lunch, a simulated traffic collision -will be viewable on the school grounds. Rescue workers will treat: injured student participants. These students will experience ire hand, the sensations of being involved in a tragic, alcohot-related and texting while driving collision. The coroner will handle fatalities on the sCene, .while the injured students willbe extricated by the jaws -of -life mannedpy,pire-pighters, and Paramedics. Police Officers will investigate, arrest, and book the • student "drunk driver...Student OartiCipante Will continue their experience by an actual trip to the . Morgue .the hospital emergency room and to the police department Jal for the purpose 01 being booked for 'drunk • , At the end 01 the day, those students who participated in the staged accident as well as those • who were, rna, de7up as the 'living dead" wilt be transported to a loca, hotel for en memight Ente You Email student retreat The retreat will simulate the separation,froni friends and farnily. A support staff of counselors and:police Officers wiii facilitate the -retreat., Su, deOlibe `,' powerful ipt0;:em• 01th' e'ret. retreat Duritici the mos. lhwill estt.iwritedealet students be taken through en audio•', ' en each student ter to his or her parents starling • of their own death with outP Mom and Dad, -ev dry I lileen tninulas someone In the United States dies e the fr:ren alcohol nned fraffIc collision, and incii!Y1 never Chii7l1lacelslobpteelasy ou 13ellSiln•l •*lar letters to their -children. Theseletters will be shared t1,!refrintsw ilisrin rfav RtlifientgnAri fiArArltS Will 2t 2 srthr'n, 4i.. 1,04. Yl'.l.i �l1Muvll�v u u� ��I,V vela l— V1 VVI , wl 64..0 11V1'.. The students will engage in challenging and interactive exercisee.,Impaired.simulator goggles will be used<to allowstudents to experience firsthand the potasill ally fatal'consequences of alcohol and, -drug impairment: The goggles will allow students the opportunity to understand the, dangers �qf impaired driving without: taking a drop',of alcohol or using drugs of any type. Research •shows that those wholeam from hands-on experience retain two to lour times more than those who learn front just listening, or'from' listening and seeing. rim Reaper" and the sxaged crash The assembly will be hosted.by an Officer (Project Goordirrator)who will. guide• the. audience througtk'the devastatirig effects of; losing a lovedone due to a badthoice. Speakers will include students who will'read'letters to their parents, police officers, and hospital-per,Sonnei who shared their' emotional trauma of dealing with kids killed in traffic crashes. Parents will s} are their,persbnal rellectipns of their in oI ernent in this program We will als°have a powerful speaker who actually lost' a child to aidrunk driver, or as the result of drivi•ng while •untexting der.the'influence or textiile driving, The' focus olthe •assembly stresses that the decision to eonsurne alcohol can affect many more people than just the one who drinks arid the dangers of texting while driving. This very' emotional `and heart -wrenching event will -:illustrate. to students the potentially ,dangerous consequences, of their use of alcohol and texting while driving, regardless of how'casual they believe their use is. This event includes the participation of our Police and Fire Departments, High School -Staff, Local Hospital,"Video Production Crew, Community Officials; District.Attorneys 0ffide, funeral' Homes and a wide cross section of the` community at -large. It is our goal to utilize the - strength, talent and :resources of business and industry to prevent drunk driving and textino while driving.` C.1TY OF. NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR ATEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Police Department EVENT: Every Fifteen Minutes DATE OF EVENT: May 15-16, 413. TIME OF EVENT: 8;a m. - 6.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 [ ] FIRE YES [ x ]: ` NO [ ]. SEE CONDITIONS [ x ] POLICE . YES [.x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES t x'] NO [ ] SEE CONDITIONS [ x ] NEIGHBORHOQD SERVICES YES .[ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: PUBLIC WORKS .(61.9 336-4 90 Street Division; • Staff willbarricade affected streets and remove therm when': the event is • over. • Staff will post "no parking" signs along affected streets before the event. • The cost.to provide streetpersonnel for the. event is estimated to be:. 1. Man:Hours • 2 x $32.57 $ 65.14 - 2.. •Equipment.• 2 x$48.85 97.70 • 3. _ "No Parking" Signs :. 15 ;x:$4..45 ea 6.75 4.. Barricades •15 x $O.S5 ea 5.25 5. Tota: l.$174M4 . Facilities Division: .involvement by custodial o.r trade personnel Parks Division: . No invoivrement:` FIRE (619) 336-4554 Stipulations required by the Fire Department for this event are as follows: 1) The fire department has no comments or requirements for this event as we will be participating in program DEVELOPMENT SERVICES (619) 33644318 No comments. COMMUNITY SERVICES No comments RISK MANAGER 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 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 No stipulations. We have been working with legal, risk assessment and the rest of the City departments. NEIGHBORHOOD :SERVICES' No stipulations /0 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT 'EETING DATE: May 7, 2013 AGENDA ITEM NO. 25 fEM TITLE: TEMPORARY USE PERMIT— 4th Annual Integrity Charter School's Jog-A-Thon hosted by Integrity Charter School at Kimball Park on May 24, 2013 from 7:30 a.m. to 11 a.m. with no waiver. PREPARED BY: Vianey Rolon PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neig APPROVED BY: Services Division This is a request from Integrity Charter School to conduct their school's Jog-A-Thon at Kimball Park on May 24, 2013 from 7:30 a.m. to 11 a.m. This is a yearly Jog-A-Thon school event. There will be student supervision by all the teaching staff and assistance from approximately twenty-five (25) parent volunteers. The purpose of this event is to raise awareness of healthy habits for students and their families. A DJ booth from a local radio station will play music for the duration of the event. The will be displayed with the event's information. No city services are being requested. Jote: Even though this is the 4th annual event, this will be the second time processed I"UP. Last years TUP event was approved by city council with no waiver of fees. school's banner as a National City FINANCIAL STATEMENT: ACCOUNT NO, The City has incurred $237.00 for processing the TUP Total Fees are $237.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approve. the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event. Public Concert Parade T Motion Picture Event Title[ _1 Event Location: Fair Festival Demonstration Circus Grand Opening L Other Event Date(s): From to Actual Event Hours: %: arr /pm to //' tr Err /pm Total Anticipated Attendance: 25-D (225 Participants 25 Spectato Setup/assembly/construction Date 1/31/i3 Start time T•3t= Afz Ple e describe the scope of your setup/assembly work (specific etails): tsine- 5M r/ rile0 , . a 4k-5 4'- .r^ vJ c lr-; _Community event _, Block Party, Dismantle Pate: .00,3_ . `Completion Time: //% j 'pm List any street(s) requiring closure as a result of this event. include street name(s), day and tirrye of closing and day and time of reopening. t Sponsoring Organization: Y3 TC• tl� > t'i_ 3 �' � Chief Officer of Organization ame) Applicant (Name): n { Z �i`C�-rGy 1-1-cdt 1 Address: 70 / A e 6) 3 Q I bd . gI iq Daytime Phone: (h/O) 33 /o . t G l . ; vening Phone: (ice 3:?4E' . (. Fax: Of 11 3tc. /5 E-Mail: 7v e ry ��' lYlie- ,r; G'f? vsl � ;26 : Contact Person "on site" day of the event: f : rjf7.i' 1'i t'!_. Cellular: 215. Cs'n NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS fY C�5tto U�fi� Is your organization a"Tax Exempt, nonprofit" organization? ✓YES NO Are actmission, entry, vendor or participant fees required? YES . 41 NO If YESt please explain the purpose and provide amount(s): $ AA Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. / ' l A What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. include details regarding any components of your event such as the use of vehicles, animals,` rides or any other pertinent information about the event. / (5' ( a- 4-Y1, e- ' d31-4 - Ye%i.o /. 1 — 1lzt t ct i.E aiite/ YES VNO 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 .l3oes the event involve the sale et use of alcoholic beverages? WI iten►s or servicesbe sold'at the event? If yes,.please describe: _YES NO Does the event involve a moving route of any kindalong 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 v'NO Does the event involve a fixed •venueaite? 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 / G` i 0 NOTE: A separate Fire permit is required for tents or canopies. YES 'NO Will the event involve the use of the'City or your stage or PA system? In addition to the route map required: above; 'please attach a diagram shawirsg the overall layout and set-up fooations for the bilo�nting stems Alcoholic and Nonalcoholic Concession`and/or Beer Garden areas: Concession and/or Food Preparation areas Please describehow.food;will be served at the event' . if you intend to Cook foodin .the event,area please specify the:method: =;GAS LECTRIC•,_ _ iCIARCOAL _ OTHER (.Specify) iU Portable and/or Perrranenttoilet Facilities Number* portable. toilets (1 for every 250 people is required; unless the applicant can hoe that there are facilities it 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 tentidanopy dimensions) Booths, exhibits, displays or enchsur s .. SCaffold`mg,'bleachers; platforms, stages grandstands or related. structures Vehicies,andlot trailers Other related event Components not covered above rash containers aid 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 returns�1 a clean condition.) Number of trash cans Trash containers with lids: e or'a yo .plan r l an-upa tj removal of Ste and garbage Burin and afte the event: 1 YES ✓NO Have you hired ariy Professional Security organization to handle security arrangements for this event?, If YES,• please;list Securrty;Organization J` y�►''" . Security: Organization Address. Security Director (Name): YES ENO Is this.a, night event9,lf YES, please. State how the event and surrounding area: will be ifiurninated to ensure safety of the participants and spectators:. P!a§g ind cite hat arrang you have made fo - r�yidipg irs Aid, taffing an Equipnier JC � y�S g � Yfie. cil �'Jtbd' y 4.4 �l, e - - i.iii.V Please.deseribe,your Accessibility Plan for -access. at your event by individuals with disabilities: -Please provide a detailed description.of your PARKING plan: • (mod tr W Please describe your plan for DISABLED PARKING: Please descnb our plans to notify all residents, businesses and churches impacted by. the event: � NOTE: Neighborhood residents must b"e notified 72 hours in advance when events are scheduled in the City. parks. . • • 1. " ..,,• , •.,, , I' /. • • , plose ime'. la.: AiViff sound • yEs • • ' % • -.; P T ' • "-*-fridetectprio.(fo-ihkOeet?:.'lf,Y.0•; pleeteirfcfic,0*-Afart: . . 1 Al. SO: • ."•.••efit91. . . Pfeeee":0.0011)eifti.eie0tticf:egOiTerif' • • ••that wifl•be use fbriour event • .Fireworks, rockets, or other pyrpiOplinics? if YgS, , please describe , " ,• ..11 , ',..„ . ' .k(!)Af*"4.144;.60tieiC-ieleefetierie,:rlepeitieflOtiog? :iff.-*4%,••pleteeJCIeeerif:5.0-.,•.: :: ...... , --"-''''.''''•'.;•:'-'';'' . ' •::::*i'''-{4.'..::•'-i'......-h,e1"....'hii?-•'•-::: ''..ib:i''.,-.. -.......•,-..,....'ari.....,• ...... i . .;.- .,.. ::.' ' 'i,4---..-74.4...i":"-:"-;-,-',.•-...'............1'....:•':-,:".•.•:,..;•••-"..,::•:.:i." ' - . ' - i;*....-...:- -.•:',1.::::"•:,:::'il•il:';'-:•".•:,:-..-''..':•:-...i.....i '''.r..."'::::-..'''...-'1i...•:.:":".: --• ' :. . , .. . . . . . , .... . . „ . . . . . . ... . . • ' ....' ,.: • ,ii .•: • ,......-"",",...,.." •:' '., . - ' • --".• .- ...•• - '.......,:",-,-. • ..,.....".,,.-":,.......i...... '.;-,...:,....i„,.....-,- ,;, • ". • ...„, . .. . . . . . . „ .. . . i . .., .... .. .... . . ... , . . , • .. . . .. . .. .. . ., . , .. ,.... „. ;. , . ...............,:: . . . .... . .,, . .......„.. , .. .. . .., . „..,... , , „ . . . . . . . . . . .. . . . • . . . .. , • . .. . ...•„....,.,:„...„.., ,...<,•.: :,... ..,i •i.,• .... ,. , . , ,,... : ..., ,,... ...., ...... .... ,,...,., . . .„,,..., ..., .,........i..............,„: ..:•,,,;,....: tty of , lati0 a PUBLIC PROPERTY USE HOLD HARMLESS AMD INDEMNIFICATION AGREEMENT • • Persons requesting use of Cary property, facilities or personnel are required to provide a min'irtturn ofSi.000,90Q combined single limit insurance for bodily, rnlury,and property'darnage which includes the City its officials, agents afid 2 ;employees named, as addition ai insured and to sign the fioid.Harmless reerrient Certificate; of insurance must be attached to this perrnit. Organization P• ersona rn Charge of'Activity; I{ Address Telepfioi..: Date(s) of Use A' HOLD HARMLESS.AGReEMENT' As a condition of the issuance' of a temporary use permit to candtct its activities on public or private property, the uridersigned.hereby agree(S) to defend, indemnify and hold harmless the City of Nationai Cityand the ParkingAuthority Wand its officers, ernpleyees and, agentsfrom and against any and ail 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 perinittee or its agents; employees or contracto , �r Si. a iire,ig •fan icial Title Date or; er lee,t/se Only Certificate of Insurance Approved /5 f/3 Date :-_,...b.iiiaMtil).::'`..•.;,:..,,.• .„ . ••,•'.*,!,., ,•,,,,,,,. • '',....':-‘:'-.7.',...1:..,.. ... ., ., . *P.:114:140.A.04,16.104 , • • „ , . , • , ro see au the delOilSA* Are visible On the', • -screen, •use • next to the inap • • CITY OF,:NATIONALCITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY'USE PEIRMIT RECOMMENDED APPRO,VALE.,AND• CONDITIONS OIF APPROVAL . SPONSORING; ORGANIZATION JntegrIty Charter School EVENT 4ih Annual Jog A-T:hon • DATE OF E /E T: M`ay 24;:201.3' TIME OF EV1 NT ?'.3a.m `to 11`a.m. APPROVALS,,. DEVELOPMENT SERVICES YES [ x ] NO '[ ] SE 'CONDITIONS ['x ] COMMUNITY SERVICES ,` S Y.[ x ] NO;.'[ ] - SEE COND.mONS•; f x] ' RISK MANi4GER YES [ x.] NO „[ ] SEE CONDITIONS: pc ], P'UBLIC'WORKS• YES .[x ] • NO ;{ ] :.' ,:-SggooNortjoNS I •x• ] FINANCE:.` YES [ x ] -.NO:.[ ] - SIEF CONDITIONS ,[,: j. FIRE YE$ [-x ] NQ [ ] SEE CONDITIQNS (x ] . 'POLICE YES [ x ] NO [ ] SEE CONDrflONS [ x 1 CITY ATTORNEY, YES [.x ]. NO "1 1 'SEE CONDITIONS . [ )] CONli`I'IONS':fiJF APPROVAL ISK !MANAGER •' Applicant.tb provide insurance certificate and specific eridorsement naming the City of National City as an additional named insured, we should,then be ok to proceed. TY ATTORNEY • Requires an indemnification and hold harmless agreement, and; a policy of -general;liability insurance, with the .City and its Officials, eriploYees,, agents and volunteers as additional' insureds, with amounts of coverage to determined by the Risk Manager.,'; .POLI N i ccmrr tints.. FIRE NO FEES.OR INSPECTION REQUIRED FOR THIS EVENT Stipulations requ'ired.by the Fire Department: for this event are as fellows 1)' " Access tq the street to be maintained at all times, to' both'entrances and , Fire Department.connections for. fire 'sprinkler systems, standpipes, etc Fire Department access into and through the jog areas are to be maintained at all times.'; Fire apparatus access roads shall have an unobstructed width. of not lass than 20 feet and: an unobstructed: vertical;: clearance of not less than 13 feet 6 inches Fire Hydrants shall riot be blocked" or. obstructed Participants on foot are to move immediately to the sidewalk upon approach of ernergeney vehicle(S) Vehicles in roadway are to move immediately to the right•upon approach of emergency vehicle(s) First Aid will be provided by organization CENIMUNI'f�( Sl*R1ll•.Ci=S has`n`o comments QEVELOPMENT SERVtCES' Speakers/stage shall face away from neighboring residential uses. PUBLIC VVQR:KS No• comments. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7, 2013 AGENDA ITEM NO. 26 ITEM TITLE: Presentation and Discussion: Relocating the public works yard to allow the development of the Westside InfiII Transit Oriented Development (WI-TOD) PREPARED BY: Brad Raulston DEPARTMENT: ' PHONE: 4256 APPROVED BY: EXPLANATION: The City and the Housing Authority continue to move forward to build the WI-TOD project. Most recently, the City Council authorized the execution of a Letter of Intent (LOI) to acquire a replacement site to accommodate the relocation of portions of the public works yard. Relocating public works is a prerequisite for building the WI-TOD since the current public works yard is the development site for the affordable housing project. The attached presentation provides an overview of the options that have been explored leading up to the current site and a detailed explanation of how the proposed site will accommodate the needs of public works and meet the timeline of the WI-TOD project. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Accept the report and provide direction. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Background Report/Presentation Update on Relocation of the Public Works Yard City Council Presentation and Discussion May 7,2013 History and Background ➢ Westside/Old Town Planning Efforts have been ongoing for past decade. Current public works yard opened in 1974. ➢ Functions of Public Works Yard are divided as follows: ➢ Parks Maintenance ➢ Facilities Maintenance ➢ Streets/Sewer Maintenance ➢ Vehicle/Equipment Maintenance ➢ City Storage (Vehicles -Equipment -Supplies -Solid Waste) ➢ Administration ➢ Public Works and Engineering are being merged retirements and --• •-� and .�� �y� �vv� �� raJ, are being merged ��il yCu due to retirements CI 1 ICI Ili and operating efficiencies (need to consolidate admin at City Hall) ➢ Existing facility is antiquated with significant deferred maintenance ➢ WI-TOD or Paradise Creek Affordable Housing Project is an ongoing priority for the community and City Council History and Background ➢ Westside Specific Plan was adopted in 2010 which identified public works yard as a site for a family affordable housing project that would be a neighborhood catalyst and TOD ➢ City lead design team worked with the community to establish a concept plan that met the goals for the site and neighborhood ➢ City organized a competitive RFP for development partners and Related/Community Housing Works were selected ➢ Project was awarded $11.2 million Prop 1 C grant from the State and several other grants and awards ➢ City acquired adjacent land from Illes Family Trust ➢ City/CDC entered into development agreement (DDA) with Related/CHW which obligates the City/CDC to deliver a clean site and provide $21 million in redevelopment assistance ➢ Many sites and scenarios for relocating public works have been pursued and analyzed Options and Scenarios Analyzed for Relocation of Public Works Functions Purchasing or Leasing Land ➢ 30th St Dealership ➢ San Diego Wood Preserving on Haffley St. ➢ Port Property adjacent to General Services Facility ➢ PSI or Bannister Steel sites ➢ Other smaller sites Other Approaches ➢ Integrate functions into WI-TOD ).Shared use of existing facilities such as parks and City facilities ➢ Shared use with Chula Vista or San Diego ➢ Explore co -use arrangements and/or contracting services consistent with current practice 30th St Dealership Site 30th St. Dealership Site • Service area and yard of former car dealership • 1.2 Acres • Requires building and site upgrades • Cost over $3M to upgrade • $2-3M to aquire site • Ownership Issues • Limiting Future Dealerships Legend IMIMI gutty Seel New AC and PIN 30th St Dea..Iershii Site • Naiad Oman • Sewer Department • Streets Department • *hide Maintenance Bays • Wash Day WellinDShop . 2- P w • S a""+I .. 111 IL San Diego Wood Preserving San Diego Wood Preserving • Unavailable due to remediation issues • No vehicle equipment maintenance building • Timing issues • Budget constraints Port Property adjacent to Gen Services Port Property adjacent to Gen Services • Unavailable due to State Lands and Port Act provisions • No space available within existing vehicle equipment maintenance building • Currently leased LAS PALMAS PARK EXISTING POOL BUILDING; Assignable Area 2,416 sf (Building).1,900.sf (Uncovered) Required 1,200 sf 2,000 sf (Containers) NEW BUILDING A: Assignable Area 5,000 sf STREETS: Office / Work Area 1,700 sf Interior Storage 2,000 sf Exterior Storage 2,000 sf (Parking Lot) VEHICLE MAINTENANCE; Work Area 5,000 sf PARKING:.. Available 64 Required 31 - 7 Daily, 7 As -Needed, 17 Specialty EMPLOYEES: Streets 11 Vehicle Maintenance 4 erior erior Assignable: Required STREETS: Office / Work. Area 1,200 Interior Storage' Exteriorstorage w 000 PARKIN Available Required -EMPLOYEES:. "Streets 11 Vehicle Maintenance 4 NEW BUILDING A: Assignable Area 3,200 sf 2,000 sf (Exterior) Required 3,200 sf 2,000 sf (Exterior) NEW BUILDING 11: Assignable Area 5,000 sf. Required 5,000 sf. STREETS: Office / Work Area Interior Storage Exterior Storage 1,200 sf 2,000 sf 2,000 sf Back (East) Parking Lot VEHICLE MAINTENANCE: Work Area 5,000 sf PARKING: Available 48 Required 31 - 7 Daily, 7 As -Needed, 17 Specialty IMP LOYEES: Streets 11 Vehicle Maintenance 4 Several Other Sites were Considered Options and Scenarios Analyzed for Relocation of Public Works Functions Purchasing or Leasing Land ➢ 30th St Dealership ➢ San Diego Wood Preserving on Haffley St. ➢ Port Property adjacent to General Services Facility ➢ PSI or Bannister Steel sites ➢ Other smaller sites Other Approaches ➢ Integrate functions into WI-TOD ➢ Shared use of existing facilities such as parks and City facilities ➢ Shared use with Chula Vista or San Diego ➢ Explore co -use arrangements and/or contracting services consistent with current practice Proposed Public Works Relocation Redevelopment and Recent Actions ➢ CDC -RDA is being dissolved by the State through ABx1 26 and AB1484 ➢ The CDC sold $40 million in bonds in 2011 prior to dissolution ➢ $15 million of the bond funds are allocated to the WI-TOD ➢ WI-TOD project has been approved as an "enforcable obligation" and all available funds are authorized during ROPS 13-14A (July -Dec 2013) ➢ The acquisition of a replacement site and the relocation costs have been denied as enforcable obligations ($6 million requested) ➢An estimated $3 million of HOME funds and other grants can be utilized to fund acquisiton and relocation ($3 million budgeted) ➢ The project timeline does not allow for the design and construction of any new facilities (vehichle & equipment maintenance) ➢ Letter of Intent (LOI) was approved by City Council for recommended replacement site and due diligence process has started Timeline and Next Steps ➢LOI for acquisition due to close July 15 >Housing Authority would acquire existing site from City to provide funding for acquisition of relocation site Tax credits would be awarded in September ➢Actual relocation would occur soon after Project would have to "break ground" within 6 months of tax credit award ➢Relocation would occur over a 6 month period Location Map EXISTING PUBLIC WORKS SITE ADMINISTRATION: Office 1,000 sf Interior Storage 500sf=. Employee Support 200e, FACILITIES: Employee Support Work Area Office Area Interior Storage >°+ PARKSz Office Interior°Storage Storage/ Work Area Daily As -Needed 500 sf Specialty 1,000 sf 400 sf 1,000 sf IAPLOYEES, Administration Facilities parka 1,100 sf -Streets 1,000 sf Vehicle Maintenanc f,500 sf STREW;' Office/ Work Area 1,700 sf Interior Storage 2,000 sf ;;.. Exterior Stcr • • e , 2000 sf Existing PW Yard 1.111111.11•' Vehicle Maintenance Miscellaneous Warehouse arehous Neutiort440 cry Whiz .& M R.e.ouuio Existing PW Yard • Four Acres • Uses: - Parks (partially) - Streets/Sewer - Facilities/Custodial (partially) - Vehicle Maintenance - Breakroom/Offices • 18,900 SF of Building Space • 82 Parking Spaces E.xl•sting P and WUson Avenue Site F Waeon Avenue Site (1726 Wilson Ave) PARKING SUMMARY Parks 11 Streets 7 Sewer 7 Vehicle MainCenanc 2 Na4iu 4, Vehtie Mart 4 Rth i4 i . Viison Avenue Site • 1 Acre • Uses: - Streets/Sewer - Vehicle Maintenance - Secure Vehicle Parking - Breakroom/Offices • 6,300 SF of Building Space A Avenue/City Hall • Existing 1.1 Acre • Uses: - Facilities/Custodial - Secure Vehicle Parking (4 Spaces) - Pool Vehicle Parking - Parks/Streets Overflow Parking A Avenue 44 40 41 n *• mrert LEGEND Neutioisi41, City Vehi.C.1.6 MaiAtt."04444 ReLotoACPW PARKING SUMMARY KIMBALL PARK (MIDDLE LEVEL) ARTS CENTERBASEMENT' Assignable' Area 3,900 sf Required 2,400 sf PARKS (MAINTENANCE); Interior. Storage 1,000 sf FACILITIES; Office Area 400 sf Interior Storage 1,000 sf PARKING: Available 13 Required 13 MPLOYEES; Facilities 10 KIMBALL PARK (LOWER LEVEL) LOWER FLOOR KIMBALL RECREATION 'CENTE*R: Assignable Area 1,585 sf' Required 1,5sf PARKS (MAINTENANCE): torage / Work Area 1,500 sf PARKING;. Available (Underbeck) 5pecialty Available (AAvenue) 38SI'andard Required 31 13 Daily, 8 As -Needed, 10 Specialty L MPLOYEES: Parks (Maintenance); 11 City Warehouse — Xmas in July (2101 Hoover) • Additional: - Indoor Parking - Materials Storage - Sign Shop - Facilities Maintenance - Potential shared use - Additional office available at relocation site Parking By Site • Existing Site • Wilson Avenue ■A Avenue El Indoor Warehouse 100 Total Potential Future Sites (100 Total) 82 Total Existing Site (82 Total) Next Steps Complete due diligence for relocation site Prepare Housing Authority acquisition of the project site Finalize purchase and sale agreements and other integrated documents Begin relocating vehicles where possible (command vehicle) and adjust operations (sweet sweeping) Negotiate shared use agreements for warehouse/office Finalize details and create work plan for relocation Questions and Comments? CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT "FETING DATE: May 7, 2013 AGENDA ITEM NO. 27 fEM TITLE: Request for City Council direction on use of FY 2009-2013 San Diego Unified Port District Capital Improvement Program (CIP) funds PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: Projects currently funded under the FY 2009-2013 San Diego Unified Port District Capital Improvement Program (CIP) include: DEPARTMENT: Engineering APPROVED BY: 1. Aquatic Center - $830,000 FY 2009-2013 Port CIP 2. National City Park/Site Development — $3,080,000 FY 2009-2013 Port CIP Due to schedule and funding constraints for construction of the Aquatic Center, staff is seeking Council direction to work with Port staff to explore the option of using the $3,080,000 approved for the National ,ity Park/Site Development to construct the Aquatic Center. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Direct staff to work with the Port to explore the option of using the $3,080,000 in FY 2009-2013 Port CIP funding approved for the National City Park/Site Development to construct the Aquatic Center BOARD / COMMISSION RECOMMENDATION: N/A TTACHMENTS: N/A — verbal report CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7, 2013 AGENDA ITEM NO. 28 ITEM TITLE: Authorize the City Manager to Send Letter of Opposition to Assembly Bill 5 which would Establish the "Homeless Person's Bill of Rights and Fairness Act" PREPARED BY: Jessica Cissel PHONE: (619) 336.4243 EXPLANATION: DEPARTMENT: Community Services Brad Raulston APPROVED BY: At the request of the California League of Cities, staff has prepared the attached letter of opposition to Assembly Bill 5 (Ammiano) which would establish the Homeless Person's Bill of Rights and Fairness Act. This bill would, among other things, substantially increase costs to local agencies by requiring agencies to comply with the requirements of AB 5. The City believes in the basic rights of homeless individuals and provides basic resources and outreach for homeless individuals that need assistance. The City however, objects to the notion that the bill ascribes a unique set of rights to individuals based on a definition that would, in part, permit: • The establishment of homeless encampments; • Overnight stays in vehicles parked in public parking facilities; • The opportunity to engage in life sustaining activities i.e., "pan handling or other enterprising activities" without a permit; • Access to public restrooms/water 24-hours a day, 7 days a week timing public restroom into iygiene centers. AB 5 would adversely affect the City's ability to maintain safe, enjoyable, clean, and accessible public facilities, parks, and streets. Please see attached staff report. FINANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Authorize City Managr to send letter of opposition BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: 1) Staff Report 2) Draft letter of opposition 3) AB 5 Legislation Staff Report for Assembly Bill 5 Assembly Bill 5 would enact the Homeless Person's Bill of Rights and Fairness Act ("Act"). Among other things, the bill would provide that every person has the right to access public property, possess personal property, access public restrooms, clean water, and educational supplies, as specified; have emergency and non -emergency health care, confidentiality of medical records, assistance of legal counsel in specified proceedings, and restitution under specified circumstances. The Act would require every local government within the state to have sufficient health and hygiene centers available 24 hours a day, seven days a week, for use by homeless people. The Act would require every local law enforcement agency to compile and make public information regarding the number of citations, arrests, and other enforcement activities made pursuant to laws prohibiting the following: obstructing a sidewalk, whether by a person or personal property; loitering; sitting; Tying down; camping; public lodging; sleeping in a public place; soliciting donations; soliciting donations at certain restricted locations, including citing people for panhandling; bathing in public places; sharing or receiving food; inhabiting or sleeping in a vehicle; and violating public park closure law. The local law enforcement agency would be required to report the information to the Attorney General's office on an annual basis. The Act would provide that any person who believes his/her rights have been violated under the Act may a file motion against any person, entity, public entity, or public employee who has allegedly violated the person's rights under the Act. The court may award punitive damages, appropriate injunctive and declaratory relief, actual damages, compensatory damages, general damages, special damages, exemplary damages, statutory damages of $1,000 per violation in addition to reasonable attorney's fees. The California League of Cities, the California Police Chiefs Association, the California Parks and Recreation Society and numerous cities throughout the State have opposed the bill. Analysis The City of National City believes in the basic rights of homeless individuals and provides basic resources and outreach for homeless individuals that need assistance. The City of National City has taken a proactive response to end homelessness by obtaining grants to fund a homeless liaison as well as partial funding for a City staff person to serve as a resource for the homeless. In recent years, the City has experienced the impacts of homeless encampments. These encampments have had an impact on public health and safety issues in National City, including pollution in sensitive riparian corridors, water systems, and public spaces. • AB 5 would adversely affect the City's ability to respond to legitimate public health and safety issues. • AB 5 would make it difficult for the City to respond to business concerns about loitering and panhandling. • AB 5 would divert state resources toward bill implementation and lead to fewer resources for ending homelessness, which should be the main objective of any legislation related to homelessness. • AB 5 would adversely affect the City's ability to maintain safe, enjoyable, clean, and accessible public facilities. If the legislation is enacted, there would be anticipated costs and potential lost revenue to the City, which include: • Increased operational, maintenance, staffing and utility costs for parks and public property that must be accessible 24 hours a day, 7 days a week in order to allow homeless individuals the "right to rest and sleep in public spaces"; • Increased patrolling and policing costs associated with the free assembly of individuals on public property; • Increased costs of cleaning up public property in order to allow for homeless individuals "the right to set down or leave at rest personal property in public spaces"; and Additionally, AB 5 would conflict with several current National City Municipal Code ordinances that pertain to loitering, camping, pan handling, and sleeping overnight in vehicles on public property. Conclusion Homeless individuals — like every other Californian — already have the same protections offered by the U.S. and California Constitutions to protect their civil liberties. This bill creates additional civil rights for a favored class of citizen at the expense of local government and the rights of members of the public to public property. While acknowledging that homeless individuals need help, this legislation is not the answer as it adversely impacts local jurisdictions and does not focus on a remedy for homelessness or address chronic homelessness. Mayor Ron Morrison Councilmembers Louic Natividad Jeny Cano Mona Rios Alejandiu Sotelo-Solis City Manager Leslie Deese May 7, 2013 The Honorable Tom Ammiano California State Assembly State Capitol Building, Room 3146 Sacramento, CA 95814 FAX: (916) 319-2117 RE: AB 5 (Ammiano). Homelessness (as introduced) Letter of Opposition Dear Assembly Member Ammiano: The City of National City would like to go on record in opposition to Assembly Bill (AB) 5, which would create the Homeless Person's Bill of Rights and Fairness Act. While we appreciate the concept of this bill, homelessness is a complicated societal issue that cannot be adequately addressed with a broad program. California would be better served by targeting the root causes of homelessness and providing the resources to allow cities and counties to address the issue at the local level. The City of National City provides basic resources and outreach for homeless individuals that need assistance. The city departments that are primarily impacted by homeless issues include the police department, the fire department, the public works department, and the neighborhood services department. Annually, the City posts and removes approximately 25 homeless encampments, responds to hundreds of calls for service, and spends thousands of staff hours dealing with homeless issues and providing resources for the homeless. Last year alone, two fires were directly linked to homeless encampments in National City. The homeless situation significantly affects the City financially; passage of AB 5 would exponentially increase this cost. In addition, AB 5 would conflict with several current National City Municipal Code ordinances that pertain to loitering, camping, pan handling, and sleeping overnight in vehicles parked on public property. For these reasons, the City of National City opposes AB 5. Sincerely, Leslie Deese City Manager City of National City cc: National City Mayor and City Council Ben Hueso, Senator, State of California, FAX: (619) 409-7688 Kevin Baker, Deputy Chief Counsel, Assembly Judiciary Committee, FAX: (916) 319-2188 Paul Dress, Consultant, Assembly Republican Caucus, FAX: (916) 319-3902 Catherine Hill, League of California Cities, Regional Public Affairs Manager Kirstin Kolpitcke, League of California Cities, FAX: (916) 658-8240 1243 National City Boulevard; National City, California 91950 Tel.: (619) 336.4330 Fax: (619) 336.4349 AB 5" Assembly Bill — AMENDED Page 1 of 44 An act to p/end Sections 51 end 53.1) to Division 1 of, the Cv I Codes, AMENDED IN ASSEMBLY APRIL 8, 2013 CALIFORNIA LEGISLATURE-2013-14 REGULAR SESSION ASSEMBLY BILL No. 5 Introduced by Assembly Member Ammiano December 3, 2012 �4 of, end to add Part 2.2 (commencing with Section iccuua.a Uvn VOC, .... J......... .... .���...., err ra., arrr a, rr 1'S�rr n 1'f� rr , 'IX.rr -. • uII IVI I.l 5VS. WI 1 4700 .,f UIVWelfee of the Civil Code, and to amend Section 11135 of the Government Code, relating to homelessness. LEGISLATIVE COUNSEL'S DIGEST AB 5, as amended, Ammiano. Homelessness. Existing i '-Riights Act, provi / / ! / / / disebiftt / I r / , law provides that no person in the state shall, on the basis of race, national origin, ethnic group Identification, religion, age, sex, sexual orientation, color, genetic information, or disability, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. Existing lew, the Celifornie f'e' VI V It --...-.—,...�••� �'••�' •--'—.. • •"� �• —. ••'„ ,+. a•..a.a..a a..va a..a. "VV' 'aa....ar W VVa4111, GI 0. / / JGGn, / rrartfoitef Friginremeestryr Irr , / genetic U d�r CCI iA, cxiating law ntei.�� �l unlave vvvi ict ovupui / This bill would enact the Homeless Person's Bill of Rights and Fairness Act, which would provide that no person's rights, privileges, or access to public services may be denied or abridged because he or she is homeless, has a low income, or suffers from a mental illness or physical disability. The bill would provide that every person in the state, regardless of actual or perceived housing status, ' , d; L1il•ty, low income, sexual orientation, gender identity, citizenship, or immigration http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab 0001 -0050/ab 5... 5/2/20 13 AB 5 Assembly Bill — AMENDED Page 2 of 44 status, shall be free from specified forms of discrimination and shall be entitled to certain basic human rights, including the right to be free from discrimination by law enforcement, in the workplace, fir, and while seeking services. The bill would provide that every person has the right to access public property, possess personal property, access public restrooms, clean water, educational supplies, as specified, emergency and nonemergency health care, confidentiality of medical records, assistance of legal counsel in specified proceedings, and restitution, under specified circumstances. The bill would provide civil a11J cllminel ilnnrullitf, and immunity from employer retaliation, to a public employee who provides assistance to a homeless person. The bill would require local law enforcement agencies to make specified information available to the public and report to the Attorney General on an annual basis with regard to enforcement of local ordinances against homeless persons and compliance with the act, as specified, thereby imposing a state -mandated local program. The bill would provide for judicial relief and impose civil penalties for a violation of the act. •I,IOVIDIVIIJ on the basis of "I1ousi11g stettis; We d dzfine ihet term iV �IriIuJe I- - - 1------ d retH,i,nai� r . - . - 11[IrS OV[lI]R]-QIIO-C VV11 .11Q tl VII FJIVJIJIVIIJ ulul •. 1 11 r 1 , Ie the Ullrull Civ;f IJVII vv r lluviai Vl ruf-u rGlycnl9 , t+te-biti-t 'mufti expand the -definition _J-IVcal program. This bill would require the State Department of Public Health to fund the provision of health and hygiene centers, as specified, for use by homeless persons in designated areas. This bill would provide that its provisions address a matter of statewide concern. The bill would provide that its provisions are severable. l.1 IV • PI Vm cGLa1 GD foI n la that reimburseent- , if Nre Connll VIr ri-by-the 5tete7 erbove- The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. The people of the State of California do enact as follows: P4 1 SECTION 1. This act shall be known and may be cited as the http://www.leginfo. ca.gov/pub/ 13 -14/bill/asm/ab_0001-005 0/ab_5 ... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 3 of 44 2 Homeless 3 Person's Bill of Rights and Fairness Act. 4 SEC. 2. The Legislature finds and declares all of the following: 5 (a) In the State of California, there has been a long history of 6 discriminatory laws and ordinances that have disproportionately 7 affected people with low incomes and who are without homes, 8 including, but not limited to, all of the following: 9 (1) Jim Crow laws: After the Civil War, many states, especially 10 in the south, passed laws denying African Americans basic human 11 rights. In California, these laws also targeted Chinese immigrants. 12 In San Francisco, Chinese residents were forced to live in one area 13 of the city. The same segregation laws also prohibited interracial 14 marriage between Chinese and non -Chinese persons. 15 (2) Ugly laws: In 1867, San Francisco was the first city in the 16 country to pass a law making it illegal for people with "unsightly 17 or disgusting" disabilities to appear in public. In many cities, these 18 laws persisted until the 1970s. 19 (3) Anti-Okie laws: In 1937, California passed an Anti-Okie 20 law that criminalized "bringing or assisting in bringing" extremely 21 poor people into the state. The United States Supreme Court struck 22 down the law in 1941, when it declared that these laws are in 23 violation of the-C-ormeree-ehstrse commerce clause, and therefore 24 unconstitutional. 25 (4) Sundown Lr,11. town ordinances: Town policies and real 26 estate covenants were aimed at preventing minorities, homeless 27 persons, and other persons considered to be socially undesirable 28 from remaining within city limits after sunset. Thousands of these 29 towns existed prior to the federal Civil Rights Act of 1968, which 30 made these ordinances and covenants illegal. P5 1 (5) Vagrancy laws: Vagrancy laws have been held to be 2 discriminatory on their face because they criminalize a person's 3 status rather than a behavior. Nevertheless, these laws existed in 4 California until the Legislature revised them in 1961. 5 (b) , 6 iotives Act of living ordinances, often known as 7 "quality of life ordinances" and other similar ordinances, are the 8 modern reincarnations of laws of this kind. They are designed to 9 force homeless people to flee local jurisdictions. These local 10 ordinances result in de facto segregation as homeless people are 11 forced out of specific jurisdictions or out of specific neighborhoods 12 within jurisdictions. TI _ J._ _ _• _. O. .• • 13 14 15 16 17 18 19 20 21 22 rnunic,pelio en increased f��anci cif jt\.m.ii Iui Z7n. These practices tend to condemn large groups of inhabitants to dwell in segregated districts or under depressed living conditions that result In crowded, unsanitary, substandard, and unhealthful accommodations. Furthermore, these policies result in criminalization of homeless persons whodo not choose, or are unable, to migrate. (c) Today, in the state, many people are denied the following: 23 (1) Housing due to their status of being homeless, living in a 24 shelter, a vehicle, the street, or the public domain. http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab 0001 -0050/ah 5__. 5/2/7111'3 AB 5 Assembly Bill — AMENDED Page 4 of 44 25 (2)-h+ot sh i status of bch 1g I1cmelc_;3-rrrtd 26 27 fel 28 (2) Employment due to their current status of being homeless 29 or living in a shelter or a vehicle on the street. 30 { ) 31 (3) Housing and employment as a result of not having a fixed 32 or residential mailing address or having a post office box as a 33 mailing address. 34 fro") 35 (4) Equal protection of the laws and due process by law 36 enforcement and prosecuting agencies. 37 {6j 38 (5) The ability to make certain purchases or enter certain contests 39 as a result of not having a fixed or residential mailing address or 40 having a post office box as a mailing address. P6 1 {-7j 2 (6) Access to safe, clean restrooms, water, and hygienic supplies 3 necessary to maintain health, safety, and dignity, especially with 4 the proliferation of closures of public restrooms. 5 (d) Homeless persons are unfairly targeted by law enforcement, 6 often resulting in the violation of -the homeless persons' 7 constitutional rights. Lacking the resources necessary to obtain 8 adequate legal representation, homeless persons are often denied 9 relief or damages through the courts. 10 (e) Homeless persons !; 8nd 11 rarely have 12 access to shelters, and when shelter is available, its conditions 13 can be so poor as to jeopardize their health and physical and mental 14 safety. 15 (f) Homeless persons are often forced to separate from loved 16 ones, give up their personal property, abandon pets, and make 17 other inhumane choices in order to access even minimal shelter. 18 (g) Lesbian, gay, bisexual, transgender, gender nonconforming, 19 and queer individuals often are forced to accept inappropriate or 20 unsafe accommodations to access publicly funded emergency 21 shelters. 22 (V) 23 (h) Children in homeless families are denied the ability to 24 continue receiving education in their preferred school if their 25 family's shelter lies outside the boundaries of their former district. 26 fit) 27 (i) At the present time, many persons have been rendered 28 homeless as a result of a deep and prolonged economic recession, 29 a severe shortage of safe and affordable housing, a failed mental 30 health system, and a shrinking social safety net. 31 fr3 32 (j) Section 1 of Article I of the California Constitution provides 33 that "[a]ll people are by nature free and independent and have 34 inalienable rights. Among these are enjoying and defending life 35 and liberty, acquiring, possessing, and protecting property, and 36 pursuing and obtaining safety, happiness, and privacy." 37 the http://www.leginfo.ca.gov/pub/ 1 3 - 14/bill/asm/ab_000 1 -005 0/ab_5 ... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 5 of 44 38 whole. 39 (k) Subdivision (a) of Section 7 of Article I of the California 40 Constitution provides, in part, that"[a] person may not be deprived P7 1 of life, liberty, or property without due process of law or denied 2 equal protection of the laws... ." 3 (I) Concordant with this fundamental belief, a person should 4 not be subject to discrimination based on his or her housing status, 5 income level, -or mental or physical disability, sexual orientation, 6 gender identity, citizenship, or immigration status. Therefore, it 7 is the intent of the Legislature in enacting this act to protect the 8 rights of all Californians, regardless of their housing status, and 9 to ameliorate the adverse effects visited uFen iiidividuala and Obi 10 41111IVs 4vhcii 1IIC icaiticitta oof 11 homelessness on our communities. 12 SEC. 3. (a) It is the intent of the Legislature to enact legislation 13 that would, except when otherwise not permitted by federal law, 14 ensure that everyone in the state has the right to all of the 15 following: 16 (1) Access to income sufficient for survival, regardless of 17 employment status or criminal justice background, including, but 18 not limited to, the right to receive funds through public welfare 19 programs, private donations, co/letting recyclable goods, or 20 soliciting donations in public spaces. 21 (2) Safe, decent, permanent, and affordable housing, as soon 22 as possible, and the right to be free from further dislocation, unless 23 and until safe, decent, permanent, and affordable housing is 24 available. 25 (3) Access to clean and safe facilities 24 hours a day, seven 26 days a week, with clearly identifiable staff able to react to safety 27 concerns, including, but not limited to, shelters and drop -in centers 28 that meet basic health, hygiene, and dignity needs, including any 29 special needs of lesbian, gay, bisexual, or transgender individuals, 30 youths, families, or those with mental illness or physical 31 disabilities. This includes the right of all individuals to secure 32 shelter without being required to state their gender or to share 33 confidential health information protected by the federal Health 34 Insurance Portability and Accountability Act of 1996 (Public Law 35 104-191). 36 (4) As a child enrolled in a publicly funded school, be provided 37 by his or her school with the supplies necessary to promote 38 academic success, including, but not limited to, backpacks, 39 textbooks, notebooks, pencils, pens, and appropriate academic 40 technology. P8 1 (5) Nonemergency health care and access to medical facilities 2 that provide quality care for both physical and mental needs. 3 (6) Access to emergency services, including, but not limited to, 4 emergency rooms at hospitals, shelters, drop -in centers, 5 rehabilitation centers, education, and special training, without 6 the possibility of being denied based on race, color, sex, language, 7 religion, political or other opinion, national or social origin, sexual 8 orientation, gender identity, mental or physical disability, income 9 level, housing status, citizenship, or immigration status. 10 (b) It is the intent of the Legislature to enact legislation that http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab 0001-0050/ab 5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 6 of 44 11 would require all state agencies to use the same definition for 12 "homeless persons or people" as follows: "Homeless" means 13 those individuals or families who lack a fixed, regular, and 14 adequate nighttime residence or who have primary nighttime 15 residence in a shelter, on the street, in a vehicle, in an enclosure 16 or structure that is not authorized or fit for human habitation, 17 substandard apartments, dwellings, doubled up temporarily with 18 friends or families, or staying in transitional housing programs. 19 "Homeless" also means any person residing anywhere without 20 tenancy rights, and families with children staying in a residential 21 hotel whether or not they have tenancy rights. 22 (c) It is the intent of the Legislature that publicly funded social 23 and health care services be offered in a sufficient quantity to meet 24 the population's needs, without barriers, including geographical 25 barriers, such as making locations inconvenient or creating 26 screen -out barriers, or prohibiting access due to a person's 27 inability to provide identification or criminal justice history, or 28 disability, in order that persons are reasonably able to reach and 29 use that service. 30 GEC. 3. IU GU lV 1 Ga4 31 s1-= 32 1Jnruh Civil Rights Act. 33 -en 34 , reestr y, 35 rrvrr, 36 itledto 37 tl:c f a::dzq, advantages, faeiIities-, 38 d 39 whatsoever` P9 1 (c) This sGctio.: shall not bG col rbt1 ued to confer any righter 2 N1 rv1k ge en a pc se the ' *- '7' : = that 3 pe:sens,,t-cvei yr sea;�.oi�r, race, reugron, 4 Lna.cy, national o:•:y01, disability, 11 d;Ce1'LVlyd•ition, marital 5 ,taS, SGnLek.n it i'ta�lOn, Oi hvUSn i5 �tetUS, or to persons r Ggai illc 6 L. tlie;: gerretk hlfalri::atiei, 7 {d) N.,N:nry-nrthrz-se�troi: �i�all be construed to �eyur�e any 8 , 9 orr, 10 11 ttlici Fnwraw IS Ofluvv, cn;Stilly establis1uneirt7 12 , , , , sha►i 13 ' , n`aiter 14 15 , 16 sesht,t 17 . 18 19 Code. 20{22f-(12r)-416elvinialiOfl" meaAS, �•th respect to any 21 , 22 (i) The individual's genetic tests. 23 http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 7 of 44 24 25 26 yucst fv1, 01 receipt 27 28 i.1Citideo get.ct,c se Jft S, by an ii,ClividljAy ii.ciiuLc 29 30 31 32 33 34 35 36 I,u „''aS LI _ _ • cdival CVtldltl0i 37 adbdiof the 38 (5) "Rcfiyit,n" i1 - 39 P10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 a vl i cllyroo3 bCher, , tact, color, I cligk i 1, ancestry, 01 ig1n, sextref-orientetiernr cans wltn ulseblllticS Act of 177tY1-P.L. ) Tali al.0 19 20 SEC. 4. Part 2.2 (commencing with Section 53.1) is added to 21 Division 1 of the Civil Code, to read: 22 23 24 25 53.1. For purposes of this part, the following definitions shall 26 apply: 27 {a) "Aceeas" 28 29 ycvyi aNl rival Lai I ici o, auc h as mainly Ivt.ativi is II rvvi !VG! ncAt of 30 31 32 33 34 PART 2.2. HOMELESS PERSONS VI ICI CP Irl a JUIIR.i II thret-aerviee- (a) "Access," as applied to an existing facility, service, or public 35 space means the ability and permission to enter and make use of http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab 0001-0050/ab 5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 8 of 44 36 the facility, service, or public space. Otherwise, "access" means 37 the offering or availability of a facility or service. 38 (b) "BID" means a business improvement district, as established 39 under Chapter 2 (commencing with Section 36520) of Part 6 of 40 Division 18 of, or Chapter 2 (commencing with Section 36620) of P11 1 Part 7 of Division 18 of, the Streets and Highways Code, or any 2 public -private partnership established under any municipal or 3 county law authorized under Chapter 1 (commencing with Section 4 36500) of Part 6 of Division 18 of, or Chapter 1 (commencing with 5 Section 36600) of Part 7 of Division 18 of, the Streets and 6 Highways Code, whether or not the phrase "business improvement 7 district" is part of the public -private partnership's name. 8 (c) "BID agent" means any person hired by a-busiress 9 BID or any other public -private partnership 10 similar to a business improvement district. 11 (d) "Damages" means, but is not limited to, losses. 12 (e) "Harassment" means any behavio 13 rtt7 14 }n vNct•ty a ianayci , Oi that is meant to 15 intimidate or otherwise persuade an individual to alter his or her 16 behavior, whether or not otherwise lawful. 17 (f) "I Iin neItss" "Homeless persons" or "homeless people" 18 means those individuals or families-vaho-iaek lacking a fixed, 19 regular, and adequate nighttime residence, 20 or having a primary nighttime residence in a shelter, on the street, 21 in a vehicle, in an enclosure or structure that is not authorized or 22 fit for human habitation, in a substandard-atrerrtmentsrelwellings7 23 doubied-up apartment, dwelling, staying temporarily with friends 24 or families, or staying in transitional housing programs - 25 "''_::^I---" W_aor 26 residing anywhere without tenancy rights, and families with 27 children staying in a residential hotel whether or not they have 28 tenancy rights. 29 (g) "Housing status" means the status of having or not having 30 a fixed or regular residence, including the status of living -on -the 31 streets outdoors, in a vehicle, or in a homeless shelter, or similar 32 temporary residence or elsewhere in the public domain. 33 (h) "Lack of permanent mailing address" means the absence of 34 an address fixed to a permanent home, and may include, but is not 35 limited to, post office boxes, addresses of friends or family 36 members, and shelter addresses. 37 (i) "Lawful representative" means any person who has been 38 asked to advocate on behalf of a -victim person or any class that a 39 vietinrperson identifies with, including, but not limited to, a 40 homeless victim's person's retained attorney, a nonprofit P12 1 organization that advocates on behalf of homeless victims persons, 2 or a prosecuting attorney upon the request of a homeless-viretim 3 person. 4 (j) "Losses" means, but is not limited to, any deprivation of 5 constitutionally held rights as well as the Toss of property or 6 physical and mental wellbeing. 7 (k) "Low income" is defined as income at or lower than twice 8 the federal poverty level as established by the poverty guidelines 9 updated periodically in the Federal Register by the United States http://www.leginfo.ca.gov/pub/ 13-14/bill/asm/ab_0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 9 of 44 10 Department of Health and Human Services under the authority of 11 Section 9902(2) of Title 42 of the United States Code. 12 (l) "Public service" means any program or activity that is 13 conducted, operated, or administered by the state, any state agency, 14 or local government agency, is funded directly by the state or any 15 local government, or received any financial assistance from the 16 state or any local government. 17 tie') 18 (m) "Public space" means any space that is predominantly within 19 the public domain or that is held open to the public, including, but 20 not limited to, plazas, courtyards, parking lots, sidewalks, public 21 transportation, public buildings ands parks. "Public 22 space" may also refer to those places that receive additional 23 services through business i111p1ovBIDs or other, 24 similar public -private partnerships. 25 (f3 26 (n) "Rest" means the state of not moving, holding certain 27 postures that include, but are not limited to, sitting, standing, 28 leaning, kneeling, squatting, sleeping, or lying. 29 (rrr} 30 (o) "Soliciting donations" means asking for money, which 31 includes panhandling. 32 53 2 33 34 35 36 Ln), vtl lcl 1 calJc1 i of LI lia a 37 38 39 40 P13 1 2 3 5 6 7 8 9 shelter. 10 LI !la.LLlaI v1 pc] CelVct! I wl1al1 iv as, 1r c.,'11e Icvel, n rental Illness, I a, VI uiv CIVGI I , III IuainglJal1lvc n, rrm asarrrcnc, fntimidertforg-err-sefeetive-eftforeement7 11 12 13 nea5011a VI 6CILUICa vl 1uI VI lI I Llcl aVII0 vpc1 II 1a 1uJ111g Ln vuc1 Ly alvl cJ h 1 bcl lk.lcs, LCnLa, grocery cent, 14 .114.1111a, 111\.v1114., keel, 111%.11L 1I i1111‘..aa, VI IJ ay'auof tIL 15 16 17 18 19 20 21 (h) DISC r11711flaL1011 ,f Ien pill a I lc alny yvvJa vI aci vt,cs 01 http://www.leginfo.ca.gov/nub/13-14/bill/asm/ab 0001-0050/ab 5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 10 of 44 22 enterirrreuunt�21ny�G�InCSS oper&ir J In LAC SLACC, 23 , 24 25 5J 3 26 53.2. (a) Every person in the state, regardless of actual or 27 perceived housing status, ' '➢& 28 y, low income, sexual orientation, gender identity, 29 citizenship, or immigration status, shall have the right to all of the 30 following basic human rights and legal and civil protections, except 31 when prohibited by federal law: 32 fed 33 (1) The right to-ase-and move freely in the same manner as any 34 other person in public spaces, including, but not limited to, plazas, 35 parking lots, public sidewalks, public parks, public transportation, 36 public streets, and public buildings, in the same manner as any 37 other person, and without discrimination by law enforcement, 38 public or private security personnel, or BID agents. 39 ftd P14 1 (2) The right to rest and sleep in public spaces without being 2 subject to criminal or civil sanctions, harassment, or arrest by law 3 enforcement, public or private security personnel, or BID agents, 4 as long as such rest does not maliciously or substantially obstruct 5 a passageway. 6 fel 7 (3) The right to set down or leave at rest 8 personal property in public spaces without being subject to c:riminal 9 or civil sanctions, harassment, or arrest by law enforcement, public 10 or private security personnel, or BID agents, as long as that 11 personal property does not maliciously or substantially obstruct a 12 passageway, or the possession or placement of that personal 13 property does not deny another of the right to property. This 14 includes the right to restitution for loss of property or personal 15 effects and belongings if the property or personal effects are 16 confiscated, removed, damaged, or destroyed by law enforcement, 17 public or private security personnel, or BID agents in violation of 18 this paragraph or any other protections of property provided under 19 state or federal law. 20 fed 21 (4) The right to share, accept, or give food in public spaces 22 without being subject to criminal or civil sanctions, harassment, 23 or arrest by law enforcement, public or private security personnel, 24 or BID agents. 25 {e) 26 (5) The right to the same protections that law enforcement 27 agencies afford to all other citizens the general public, including, 28 but not limited to, the right to reasonable protection from assault, 29 domestic violence, sexual assault, -he te-erirC , or robberies. 30 st-be 31 32 33 34 35 ai wJ out In puLI1� npac.s t,ee:aus Or i�Onlc , inclucfing7 r I r • 36 -B http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_0001-0050/ab_5 ... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 11 of 44 37 Drgents: 38 (6) The right to sleep, sit, lie down, stand, eat, solicit donations, 39 or share food in a public place or in a vehicle in a public place, 40 without being subject to criminal or civil sanctions or arrest by P15 1 law enforcement, public or private security personnel, or BID 2 agents, except that law enforcement may enforce existing local 3 laws if all of the following are true: (1) the person's county of 4 residence maintains 12 months per year of nonmedical assistance 5 provided for in Section 17000 of the Welfare and Institutions Code 6 for employable, able-bodied adults without dependents who are 7 compliant with program rules established by the county, including 8 work requirements; (2) the locality is not a geographical area 9 identified by the United States Department of Labor in accordance 10 with Subpart A of Part 654 of Section 20 of the Code of Federal 11 Regulations as an area of concentrated unemployment or 12 underemployment or an area of labor surplus; and (3) the public 13 housing waiting list maintained by the county contains fewer than 14 50 persons. 15 (7) The right to be self-employed, including, but not limited to, 16 the right to seek self-employment in junk removal and recycling 17 that requires the collection, possession, redemption, and storage 18 of goods for reuse and recycling, without being subject to criminal 19 or civil sanctions, harassment, or arrest by law enforcement, public 20 or private security personnel, or BID agents. 21 (g) 22 (8) The right to pray, meditate, or practice religion in public 23 spaces, without being subject to criminal or civil sanctions, 24 harassment, or arrest by law enforcement, public or private security 25 personnel, or BID agents. 26 27 28 29 30 31 32 33 34 35 36 37 �y� a. �s, N� lbal c Jvnations, 38 39 40 P16 1 2 3 5 6 7 8 , 9 . 10 fn) • yci is v1 vaalihiy IiuI a3 vi LraU111 th) TI1e ilgl.t to access n1con1c SU"buiJlbul, icy http://www.leginfo.ca.gov/nub/13-14/bill/asm/ab 0001-0050/ah 5___ 5/2/2013 AB 5 Assembly Bill — AMENDED Page 12 of 44 11 (9) The right to 12 ui • decline admittance to a public or private shelter 13 or any other accommodation, including social services programs, 14 for any reason he or she sees fit, without facing criminal or civil 15 sanctions, harassment, or arrest, or threats of these actions, from 16 law enforcement, public or private security personnel, or BID 17 agents. 18 to") 19 (10) The right to occupy a motor vehicle, as defined 20 in Section 415 of the Vehicle Code, or recreational vehicle, as 21 defined in Section 18010 of the Health and Safety Code, either to 22 rest, sleep, or use for the purposes of shelter, fe. 24 he. drday, 23 provided that the vehicle is legally parked 24 on public property, without facing criminal or civil sanctions, 25 harassment, or arrest, or threats of these actions, from law 26 enforcement, public or private security personnel, or BID agents. 27 {pj 28 (11) If the person is a child or youth, the right to state -erns 29 fcd.1 al enforcement of the educational protections under the federal 30 McKinney-Vento Act (42 U.S.C. Sec. 11432), particularly with 31 regard to Sections 11432(e)(3)(C)(ii)(I) and 11432(e)(3)(C)(ii)(II) 32 of Title 42 of the United States Code, which provide that a school 33 shall provide assistance to the parent or guardian of each homeless 34 child or youth (or, in the case of an unaccompanied youth, the 35 youth) to exercise the right to attend the parent's or guardian's (or 36 youth's) choice of school, and a school shall coordinate with the 37 local educational agency with jurisdiction for the school selected 38 by the parent or guardian (or youth), to provide transportation and 39 other necessary services. P17 1 (q) If a child or youth, the right t., be provided, by -his -ocher 2 cress 3 1.,tibwks 4 , 5 nth 6y 7 Lp. c f.,. both phy�i. al and untal need 8 fs) 9 (12) The right to be protected from disclosure of his or her 10 records and information_within from homeless shelters, medical 11 centers, schools, or any other service provider to law enforcement 12 agencies without appropriate legal authority, and the right to 13 confidentiality of personal records and information in accordance 14 with all limitations on disclosure established by the federal 15 Homeless Management Information Systems, the federal Health 16 Insurance Portability and Accountability Act of 1996-('P7L. (Public 17 Law 104-191), and the federal Violence Against Women Act-(-P.L. 18 (Public Law 103-322). 19 ftj 20 (13) The right to confidentiality of personal records regarding 21 housing status, income level, mental illness, -or physical disability, 22 sexual orientation, gender identity, citizenship, or immigration 23 status, and to protection from disclosure of-sueh the information 24 and records to landlords and employers. 25 'eeling http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab 0001-0050/ab 5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 13 of 44 26 27 28 Jauthol zing J!n appcJai 01 pNy-Lail of the Gig wu� �l 29 . 30 (14) (A) If a county chooses to initiate judicial proceedings 31 subject to Section 40508 of the Vehicle Code, Section 853.6, 853.7, 32 or 853.8 of the Penal Code, or any similar law authorizing arrest 33 for failure to appear or pay bail of the amount listed on the notice 34 to appear, the defendant shall be guaranteed the right to assistance 35 of counsel. The accused shall be advised of this right to counsel 36 before entering a plea, and any waiver of this right shall be explicit. 37 If the district attorney's office or its agent is representing the state 38 in any part of an infraction proceeding, the accused shall have the 39 right to assistance of counsel with regard to that infraction. P18 1 (8) The county where the citation was issued shall pay the cost 2 of providing counsel under this section. 3 (C) A county shall not use penalties under Section 1214.1 of 4 the Penal Code or any other civil assessment scheme in the 5 prosecution of municipal infractions unless the defendant was the 6 driver of a vehicle. 7 {v} 8 (15) The right to assistance of counsel in any civil or criminal 9 proceeding that may result in commitment to a public health 10 institution. 11 12 13 tlitfavifully co.fiSLlcd, refivvtJ, t♦away , vi calIvycy lavo 14 U ifvi vcn ierit, public O� 1J .bt.1h. xwi ity,Jt.• aVi n n.l, v(atjORD• 15 (16) The right to be free from arbitrary arrest, detention, or 16 deportation, handed over to another law enforcement agency, or 17 deported, without guarantees necessary for his or her timely 18 defense. 19 (b) This section shall not be construed to eliminate any 20 protection or right to representation available under Sections 5365 21 and 6500 of the Welfare and Institutions Code. 22 59747 23 53.3. (a) A public employee shell Lc chi.o... aril 24 y, a.id shall not be retaliated against by his or her 25 employer, for offering public resources to a homeless person in 26 order to protect that person from harm, including, but not limited 27 to, for offering or providing food, blankets, first -aid supplies, or 28 water. 29 (b) Any person or organization or water offering food in public 30 spaces to any person pursuant to this part shall not be subject to 31 criminal or civil sanctions, arrest, or harassment by law 32 enforcement, public or private security personnel, or BID agents. 33 34 35 ---be sub-----• - 36 37 38 .0 V , Vy �u nua� pJ. VV�� bci v“-ca 1i i NJbII.. apcm.Ca lv any Nci avA pUu httn://www.leainfo ca.eov/nub/13-14/bill/asm/ah 0001 -0050/ah 5.. 5/7J2011 AB 5 Assembly Bill — AMENDED Page 14 of 44 39 ii rP15a g; trerire 40 I1ysk.& disabiIitp; P19 1 ail rei 2 3 tvi1ialie pythe 4 s 1•ade 5 L,' LI -IoCaHd tenfvcnct agency by ion7 6 of ti 1OSCbe1 ,y-t.itcd; cr1 vested, Or 7 , vviz vi ci AGnt The Iocai Iavv e1 ifvi l.c111e 11` 8 on -err 9 u 11uaH,asis. 10 53.4. (a) Every local government and disadvantaged 11 unincorporated community within the state shall have sufficient 12 health and hygiene centers available 24 hours a day, seven days 13 a week, for use by homeless people. These facilities may be part 14 of the Neighborhood Health Center Program. 15 (b) For purposes of subdivision (a), the health and hygiene 16 centers shall be funded by the State Department of Public Health 17 through those county agencies that oversee public health programs, 18 and, at a minimum, shall contain public bathroom and shower 19 facilities. 20 (c) The State Department of Public Health shall distribute public 21 bulletins and notices identifying the facilities to be used as health 22 and hygiene centers. 23 (d) For purposes of this section, "disadvantaged unincorporated 24 community" means a fringe, island, or legacy community in which 25 the median household income is 80 percent less than the statewide 26 median household income. 27 53.5. (a) To ensure equitable and cost-effective enforcement 28 of the Homeless Person's Bill of Rights and Fairness Act (Ch. 29 Stats. 2013), every local law enforcement agency shall annually 30 compile and review the number of citations, arrests, and other 31 enforcement activities made pursuant to laws prohibiting the 32 following: 33 (1) Obstructing a sidewalk, whether by a person or personal 34 property. 35 (2) Loitering. 36 (3) Sitting. 37 (4) Lying down. 38 (5) Camping. 39 (6) Public lodging, including the prohibition specified in 40 subdivision (e) of Section 647 of the Penal Code. P20 1 (7) Sleeping in a public place. 2 (8) Soliciting donations. 3 (9) Soliciting donations at certain restricted locations, including 4 citing people for panhandling under Section 22520.5 of the Vehicle 5 Code. 6 (10) Bathing in public places. 7 (11) Sharing or receiving food. 8 (12) Inhabiting or sleeping in a vehicle. http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 15 of 44 9 (13) Violating public park closure laws. 10 (14) Crossing streets or highways at particular locations, 11 including subdivisions (c) and (d) of Section 21451 of, subdivision 12 (d) of Section 21453 of, subdivision (b) of Section 21456 of, Section 13 21461.5 of, subdivision (b) of Section 21950 of, Section 21954 of, 14 Section 21955 of, and subdivision (a) of Section 21956 of, the 15 Vehicle Code. 16 (15) Trespassing, unless the trespassing charge is coupled with 17 any misdemeanor or felony, except those misdemeanors that are 18 included in Section 372 of, and subdivisions (h) to (j), inclusive, 19 and subdivisions (l) and (m), of Section 602 of, the Penal Code. 20 (16) Any other local or state law enforced against homeless 21 persons and identified by the Attorney General's office, a city 22 attorney's office, or any nonprofit organization whose work or 23 mission includes assistance to research about, or advocate for, 24 poor and homeless people. 25 (b) A local law enforcement agency shall make this information 26 publicly available under the terms set forth in the California Public 27 Records Act (Chapter 3.5 (commencing with Section 6250) of 28 Division 7 of Title 1 of the Government Code). 29 (c) A local law enforcement agency shall report the information 30 specified in this section to the Attorney General's office on an 31 annual basis. 32 53.6. (a) Any person whose rights have been violated under 33 this part may enforce those rights and he or she, or his or her lawful 34 representative, may file a motion for relief in any trial or appellate 35 court with jurisdiction over the case as a matter of right. The court 36 shall act promptly on any motion for relief under this part. 37 (b) Any civil action alleging a violation of this part may be 38 brought against any person, entity, public entity, or public 39 employee. The court may award punitive damages, if applicable, 40 appropriate injunctive and declaratory relief, actual damages, P21 1 compensatory damages, general damages, special damages, 2 exemplary damages, statutory damages of one thousand dollars 3 ($1,000) per violation, if applicable, and reasonable attorneys' fees 4 and costs to a prevailing plaintiff. 5 GEC. 5. Gof the Cirri Cods is owed tV read-: 6 -5+:— ie) hldivi 7 8 9 10 11 12 13 14 15 16 17 18 VI 1111ru NA/ VI IUIL!VI 14 I ICI VV LI IC 0a111C IIy11L aJ UIC yG11=1a1 FJuuIIC lV li1G IU11 QIIu II CC UJC VI UIC 3t1 V.. 0, hiyllrruya, siJkwelks, walkways, public builLllllyo, IIIC�iI.a {b) for put pos.s of this se. tioi r. http://www.leginfo.ca.gov/nub/13-14/bill/asm/ab 0001-0050/ah 5._. 5/2/2013 AB 5 Assembly Bill — AMENDED Page 16 of 44 19 GEC. G. GectloI 1 20 remit 21 22 23 24 25 en cede I the intent of tl,e-I:e tsfutdi a t1 ia[. I, • 1;Lh alb end Youth in pubii 26 (b) It is alae the i' D.. I O V La sto t rtong IC s..i 1 1.AS 27 liava awcasl.Ypi/ luncntul i. t4tRu 28 t,riaL, .,lor, 1eligie,r,-e,xesh j, national eriyin, disebHity, g+-nder,, 29 yanat. I6..nlily7-yc,,,la, cAFnes3ion, or sexual u, icnlaliui ru..i-elefrned 30 u ,- i d 31 1uncv.t .,, GDpIJII -1,..15-liriiul.. 1II4./Icn.c aIIWiuJ1 ..forted 32 ii ,CI'dci its. 33 i 's 34 35 f . 36 37 violence- 38 btnete 39 rfflicts 40 {,etwa ei end emunir-pt�uib. P22 1 2 eilip ITaal s on p.wrrlrtiun and early detection. 3 4 i olerree 5 }n..ventlLn. 6 GEC. 7. Gectlell 354.J er LIIeT/Cl Lien) CeJc-iJ III II llj 7 read- 8 {e) "`,tylfetU�e� u�ClU�I. s.iti fC 1.11c uunuvIU,. 9the-rrrm-k 10 11 "he'r' 12 13 aiyi iului c Temp 14 15 ua use, CCn r}rhe3 W1t1 i f R - i l,V i5r ti5 or tnis parograpn. 16 iu ll is i cqui, Cmet lls- Pet: •cd"• subdivi5•u11 (c) 17 'won 18 d-in 19 , or -a rry 20 , statement: 21 (c) Ae-atithel iZcd l.Scr of a signatut a ate, r}n i iay use It to arrin e Signatu c to a docult,e ,t e1 Hritiiry any ti �Cliial cr-b ji, tf re"is 22 23 24 asaw,N.aLie, arc nicl. 25 26Y 27 http://www.leginfo. ca.gov/pub/1 3 -14/bill/asm/ab_0001-005 0/ab_5 ... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 17 of 44 28 29 30 31 32 33 34 35 36 37 38 39 40 P23 1 2 3 4 5 c.IIVIIO VRh.lal, vi Iua VI IICI QCSIyiicc, LO OLLrIf a ballvt, In a1?y ILn secaun gnature altfXcd v p by an at1U MIL usel 61 u'Cc WJiLli CI et e..livn o1iv 11 Lc LIvoLc.l In LIIG-Dawe vi on. uunuCD ni VI ICI anluaviC v� IcyISCrGLIOn ORI IIG CI I 6 than Januery 1, 2009, egnl di1Ig the uaC of siynalLire slt,I I IPJ d%A II Iy 7 8 9 10 11 12 {D) A pers.,n using the Slgnetulc ottlnlp 13 14 15 16 17 18 19 1I I INI CSSi., 20 t gng dctlnit1 rz apply tur pu. p. cr mcana CLIICI vI LIIC IvnvYVniy• 21 22 23 24 25 26 cliserbliftr • disability .. ofthe owner. (2) "Dina atLJt11 sIgI fatUI a Or'C1./e1 5O1I W. I a d.Sablhtl/. Ian: er sy at la ach,ptcd Ly ltle person of tl l the Ge tivn 11135 of UIc Civvc),u,, 27 tV Iead: 28 29 30 31 L,cIJvn VV II a u10u1 y lI IQ l I WV, OCJ., AJCl VI ICIILaLIVII, COIOr, genetic n Icn VI I, aIOQUUI.y, 32 the benefits of, oI be .nikl..fuily aULjccI. J lv lacluvrtnation uI Idcl 33 34 35 36 37 38 IC olutC OI Ly ally aLaLC agcluCy, cI JICv. • • http://www.leginfo.ca.gov/tub/13-14/bill/asm/ah 0001-0050/ah 5_._ 5/2/701' AB 5 Assembly Bill — AMENDED Page 18 of 44 39 40 P24 1 2 3 5 6 7 }»olccl;untui„ed ;n Scetion 202 of the,Feeferal• Acmericarrs-wittreitabilitit..s AU er 1000 (42 U.S.C. Sec. 121Jei7 loon thereof! er "feet s--to cd ;n th;s section, "disability" means any merited. 8 >„ pl,ysl.al tiiJalriiily, as defttrcd In Section 117LIJ. 9 (2) The Leaisktturc fin and dcctafcs that the a,nc„d,,,c,rts 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 P25 1 2 3 4 5 6 7 8 9 10 tfre the 2001 �021 Regu ttmptc illrvaS tI n,LC,,I;On of ti ie-begi iatur a tv a ipIy subdivision (cFj-to subdivisions (a) (b) d () I d lied to the Celifornta-State i1,v.ghattheS at,to, 0 , , en c area y epp J .l lert,a,ag,api, (2) u crease in ,•t il,c slanderds appiieabic p.Ii sua ,t to ja'myi aph (2) of subd•rrision State users t,f lI i;a tccl„,elegy who a, ptrrat , fired icay�slai Ir&isabil;t?es Act of 1��0 (42 U.S.C. SeL. 121f3# t t;lice clzctron;c e, i1,f.lt 1 i ratK..r led inology-is elder r,,, r• sacr Mat funLtio, rfvr .ticcyssful cmplaylt,.ci t-tt, the cur, ei it 6o. i. JvO. Id. order to-1ntift5 accc ctvr C'1r r cafe-Ll,c Su....cSJtut e,np ,a, Q v, , 1Cu„r,9 pC, JVl,J, qZ„ ividI,uI with VV V \., I,,,,c,,1UI ..,,tints, i.s-difel0Ping7 Nr L1Lu, n r7u,au 0.all nl,u, teciwnsfogy7-either-irefirect+ror-throttg•hrthe-tise-of-state-furrls-try other -entities! rrts-of errckd tt-as 5c ruin, ,n ra,1.T1J-ry Regittations7 Corer is v, u,(v, n,al,vr vl U,C I cLtc, c l „y nt;ty that cent, acts-ovith a stets-u, al-entity-sabje..t ill LI1L, JcI.L'V„ fo, LI1C-p,t/v;Jie,rLF efectr0111G'l,1'111 cJl.ro, rd le, a, nJ , vlVCul,y *July am ,cgaldl ;ts-ilrodrx tszrr^seraic�s that is breug tyre 11 ' > 12 13 s use In tnt rotxp http://www.leginfo.ca.gov/pub/1 3- 14/bill/asm/ab_0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 19 of 44 14 15 16 17 , 18 19 20 the Civil Code. 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 identification, rCIvion, age, sex, sexual one., L7vn, tvlvi, 01 alJsof ,' , , GEC. 9. 117111Gl1C Ir VUC 13 a111C11 eexr 1 , r 1 sextrat IS I ccvgl it -LC CI II fJwy 11 IC 37 111CSe I caavRS-fmTi lily Jvi Ica liv all ifc 011 ul lrwl, dcpl ivC3 LIIC alale 38 39 40 P26 1 • 2 t cllyivn, aeA, ycI IJCI , yc1IJCI IJCI Ilily', ycl IJCI 'CAW caalvl 1 JGAUG 3 , 4 5 6 7 I V45I QCCthHMV Ja1kd1$1S &clarc 9 estate fur the pi otcctioil of ll le viclfa1 e, I1calth, Ai IJ Ncu‘.c of 10 11 GCC. 10. Ge. do 12 to -read•; 13 12921 14 15 16 17 18 19 20 21 22 23 24 { r , , opportunity to such, oL,tain, al 1J Iiv lJ I101..1a11yvvilLva IaauIII y, WC!Icl.I vinwlivu, IlvuaiiIV VIla3� vrunt vtI .f-IKISis http://www.leginfo.ca.aov/nub/13-14/hi11/asm/ah 0001 -0050/ah 5__ 5/7/0013 AB 5 Assembly Bill — AMENDED Page 20 of 44 25 fred 26 27 CCC. 11. 28 toted; 29 As used n lha parttn e,rne.t'on, w1ti trttlVtLJ1 30 'e 31 L.., ex . 32 33 34 35 36 In Jci S,, unncl, tcslil ig, eJ Foil* n.J 37 that 38 39 wFro 40 P27 1 ,Y 2 Ino ut lie. parents, Spouse, or child, or any individual employed 3 4 5 {d) "Employer" irclude. enyp.r.rn regularly i,ry five 6 tmeI epGI Su, S, v� any poi Soi i acting as an agent of ai i C�llpLiyc1 7 ision 8 9 10 tui Noy alion nelz,l gay sire d fv► priaate pl ofit. 11r 12 k- 13 iorl5" S-of 14 posiidual-Y.}tl� a dnaLi6l� IV3-err 15 desires. "CSsc.,tiai functions" domes col include lle a,yii,Ji 16 17 seve'ol 18 re 19 fvlluM1ng. 20 21 puailii•sh, pc� for. n tl uet fl rl dion 22 iui i iLCi 23 24 25 26 8Llllty 27 28 29 , 30 31 rr 32 inttrviewh,g aNplk.antz for the joL. 33 'unction. 34 +'form 35 tire -function: http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 21 of 44 36 37 38 39 40 P28 1 2 u galning agI ecn leI It. c wo1 k e,cpcnences of past inwl I (bents In the job. e cul ref It WjI e 3 4 Lf IIIc indialdual. 5 6 7 , 8 Lf IIIc oldiVldl�al. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 f2) Gellcti 24 25 26 27 28 29 30 31 32 33 34 J{wlJcr;lra IJCing, Or Nlat a c determine 35 iICIcased I II 36 37 38 3trccts, in a vehicle, en in a hurneless^Shcltcr, • Idcllce OI vt ev III In tfC PUbIIC kJ 10 I) "LaliO, olgaydion" •riidu.cs and Ol9uIIi. ui.i proteetiem Iaynva15 V1 L.anl.cl VI a Ie..o,o Or l.r tor/ or canter. u4.. crislics. , Ia1al. LC II s I I " CSIens ellllel of tl Ie .,VI IT (A) Ify yc LI II VInVJVIII ; VI ..VI I IVII I17l1 VII VI allcIQUJI 1 II IIGVI, lllal I IU IV ef-erciiseese-or-thscreferrerneilhet-ere-Presentir ?mot -associated -with 39 foltowing; P29 1 2 3 4 5 6 7 VI ,.elt CI Illncaa, OI JL,cI.IIit.lcaliwi J'sabllll.Icsulat Innlla I..I.VII IIIIVUU UVII3, II GO CI It.. IlnuyUUlly IIIQU http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab 0001-0050/ab 5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 22 of 44 8 major Life-cctivity . 9 10 ,. it,ity if iieven1ei t oife 11 y difficult. 12 rall 13 , 14 rn t 15 ui ibcJ- u t r.,o, ayi up l i (1) pn.n er-rotated 16 services- 17 l 18 tliso,Jc, Or CvnJituu Jc,c1;L1 .H pal ayiapt i (1) vi (2), vv1,4•hy3 19 20 'tf'ty 21 , , h iJ iliv, 22 23 {5) Dcing regal ded or t, eatctl by the eI I IpioVL. on,ll rc�i Irtity 24 , 25 ,vlvyi..al diavi Jci ti, l viilivi rll IQ l I iuS i iv pi cac, it diva L,Hrtg 26 , Lol Lllahl,a}/ is8LW11 es Jcs.1il.cJI-in 27 L ai ag, aph (1) or (2). 28 err 29 the 30 ,uLalau,.= use diso,dcis resuitiiry fruln the cui relit unlawful trse-of 31 32 s-te 33 iaLlO,i en lh-.8a15'ufl.,ne 01 n1ore-t,f the following: (race, 34 35 36 SLu, , uge, olst..ual o1 lei it .tt i.. 37 'of 38 the-foliowintg' P30 1 , 2 ‘....ma ictiC diafigJfcn 1e. il, ul al iatvn ircai wS5 that dves LOtI i of -the 3 fvllvoci, g. 4 • 5 , 6 tin yang, , , 7 ta, Jlvvaal.Ulal ,, ctn vJu, ;vs., ycrnlvui a ia, y, I1cnu�-aTfd 8 l�m}JhatiC, siun,al'1d cndveriirt. 9 rr' 10 (i) "Limits" shall be dctarmined without ;avoid to mitigating 11 12 13 14 15 1.1iafiy0icn,ci11., aiiatonlical less limits a major life activity*f-it 16 17 OE) "Major Fife -activities" . . • onstrrted and 18 , 19 (2) An 20 21 (3) I I8 flrg-tl-te_o1d 01 h15t01y of e-diacase, diat mder, condition,, 1i111its a majt,r life activity. Trite http://www.leginfo. ca.gov/pub/ 13-14/bill/asm/ab_0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 23 of 44 22 cosmetic disfiyu1ement, 23 24 ity cvy t . part. 25 26 27 28 29 30 31 32 33 34 35 p 36 37 38 39 40 P31 1 2 3 4 5 6 7 8 9 Nast as Laving, VI having I ICI J, Any I., I1yak impeitment tiiot leas .io picxnt dTaaLllny cffct.t Lut away I)cw,ne c�a cauc c (n) N twJitIIstanding Subd1', aiv n u!c ucnrnuv Ity, as dcF red in aULJivi. wn (IC) vi (ni), of 1-vvu.1ld include that broadei protection. of cv' ei agc shall Le Jcci i tcd ii wvi wi at�l.t , 10 11 . 12 13 fvllo.ding: 14 15 , 16 , 17 , oecrtis+tiqrroi—frrodifteatforr of 18 t.1ulpment vi devices, uJJustmcnt vl' nioJificatiuns of exrrii1i1n,th,ns, 19 t�ai�mig-hi 3-ol"pol'Ic►es,-1.1ic p.oViSlon of yuulTfi 20 i.1tcipretcrs, and oLIICIailmlui a wn �ivJutiviia rVI III J,V;JU 21 22 23 24 25 26 27 28 29 30 31 y it IndIVIJUaI of lily VI ,e,reoas-cr��d. 32 Willi diaaLi'Iities. (q) "Rcligiou G ced," "i cfighArb obsei Vantc," all espe..ts of itliyivus s-pa of the obstrou.lce by uii indi 33 (A) P. cgr ' Cy o. n1eJ'ea wfJitiona IcatcJ ty pi cynui uCy7 34 http://www.le>?info.ca.2ov/nub/13-14/hill/asm/ah 0001 -0050/ah 5 . 5/7./7013 AB 5 Assembly Bill — AMENDED Page 24 of 44 36 37 38 39 P33 1 2 3 35 (C) Dieabtfet_di,,g o, rn dical currditicri rS reiatol-terb, astfeeding. 36 nder. 37 -end 38 39 a aF,F,ca,aiivC acid behavior wl,cLl,c, v, nvl 40 ayprealiy asse J `F `• - _yirtir P32 1 may, 2 3fita'Strpervisora-fnearrs-ary-ifrefhtiduai-nerrirrg-the-atttherrit-yritt 4 , ff, recall, 5 oye'es7 6 . lL teen 7 nd th , • , ' lien with -the 8 fV1cyoing, the ,al ai.therlty IS nOt 0f m,,c,cl tratinC 9 , L.Ic, i�al �,alu� e, but requires thz use rt a ei 1dent judge elrt: 10 t 11 12 13 14 (2)-TI re-t v. ail fina.16el resources of the facilities involve& +n 15therr-of 16 }+cioviia ca!spivycd-al II,G fu..ihLy, uiid flit cffc�lZ,n �n�.,r�. -arnd 17 18 19 (3) The-tmeiallfhrancial reseu,Ccs of the COV.vd c,dih+, the 20 to-t 21 iltirltrelerYees7-1Trrd-til'e-rtuntberrtYPererlitHt,ebtfo'n-cf-its 22 i. 23 (4) The type of ope, r, n rdttdr, ry thez e,, position, structrtre, 24 L„a 4vt,1 kful cc of the entity. 25 , 26 27 GCC. 12. Ge�tivn 1202G.1 0 28 to -read: 29 evernr»ent Code is amended 30 s 31 }, • !um n ll,eaci,l II,C fcJc, al AI I rC111 aI rSwith 32 Disabilities Act of 1900 (P.L. 101 JJG). Alli,00gI lln. fcJa.ra`11-eet 33 dery 34 Lions. 35 isability, ,,,c„lal d1s8Lilily, and medical cundit;on. It i the intent aLo,c ll,at ll,e JJ1uilie„a of physical disability a„ti t, ,may, 1 C N, vccLlc vn,,,nuC r verceived ital-ormeit that is disabling, potentially tii.aLling, or prceiv..d as-disabl•• nj abling. 4 L, 1.111 Vn11. ur Ci.,IJVUII, 1.ol,diUor s-zuch as I IIV/AIDS, l,c�.,aliliS7 5 iov, tip Tier 6 , , ithe http://www.leginfo. ca.gov/pub/ 13-14/bill/asm/ab_0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 25 of 44 7 8 9 10 11 12 13 14 15 16 17 flisabiiitics 18 19 20 21 22 23 24 25 26 27 sut,JiVaivrr (1rrj�,f lliu r-k 92G, to NrvVIJc F,ioteCtivn VvIrc 28 29 30 31 i,rocess between the applieont yr cwt./loyee ar rJ tl rC cr r rr,loycr rr r 32 33 34 ith Disabil 35 wtics Act Of 1990 36 disebitite"trnd-4rnenterl-cifsatrifftvaLarreFer-the-hsw-of -this-state lcquire a "Hrnitation" ivfty, Lut do not roquire, ''working" f vrty, lava' Jlcaal,l lrvl rcll it - al Laa Cormnunity foods (199J) 5 Cal.-ltlr 1050, tllc LegislaturC-IrdcrrJ� Disabiiitieo Act -of 1090, (2) to require a " Grrritutivi i" r r,rLI rcr Omni "substantial fnritetior " of a n rejor lift ativi �.ty, gird (3) by physic& ormentei condition that lts a major life activity. GEC. 1J. Section 37 to -reed; 38 129J0. 39 , P34 1 2 offi. C�GDc,nir,ir,,t.0 a I3 arncrrJc p y �.�.�.aaur i Lv vur r y OUC trtc F,Ju NO 3 of this -pert` 4 (b) Te meet and functe�r at uliy place rrr 5 6 7 cemperrsatoat r r,ntiri 8 tIreh duties. 9 10 11 12 13 14 15 16 17 18 19 Cn rl.rluye.s a5 ft n ray &eu n ncs„caaur y, fix thdr uns r,v,urrJ-i,r unlawful pursuant to c;napter rnrre cing witlr Cectik,n 12940). http://www.le2info.ca.aov/nub/13-14/h;llhsmhah O1101-0050iah 5 ioon1l AB 5 Assembly Bill — AMENDED Page 26 of 44 20 complaints alleging a violation of Section 51, 51.5, 51.7, 54, 54.1, 21 is 22 that 23 ,rrigIIt- pplf. 24 t 25 er 26 Gecliun 120G0, 129G1, or 12000: 27 im°ny 28 of witnt or ds, documents; -end 29 I,I rysi�al r raterieIs. 30 d take 31 viricienter 32 {J) itten it rtcl rogeteries. 33 rf 34 , , r 35 ice 36 37 lw...arnonlTand plrys•caf,rratcrtal`�, and the answering of 38 it rler ruseies. P35 1 (h)ie-bring ehril-acti.rr. ptar.utent-to Section 1200 or 12'3G+ 2 trial 3 tuur to. 4 tcettons and arose rcrGlta of r,lveslnyalrvrro 5 J r cocar cl� es in its judymer�l 4vill tend to promote good w ill end ar r 6 seses 7 errurncratcd irr lids pail arnll-t1}SCrhiriration. IrrhuuSllrg because -of 8 , r r r r adder 9 b y, femi+ie F status, I 10 Ji.,abililr, of ier rtatio. r, or housing status. 11 (j) To i,rvvstigerte, apinate, certify, decertify, monitor, arid 12 r rvr rdiaLr it n;natier r pr ugran rs proposed by a contractor -to 13 pursuenrt to Gectior 12990. 14 tr" e 15 a wnttcn r cpu t Of it ac it;cs aALFLf fl6r Cwn a ncr rJalivr ram. 16 .filed 17 purauarrt to Section 129G0, 12061, or 12000. Tht depertment••rrrey 18 er rJ r ncdiaUvn at-eny tt, ire. 19 20 21 22 (1) If en-oceusattorr Is,• d under f.11rrler Gectlon 129G5 inefudes 23 I.,uncnl 24 t,f crY.ltlal-JanraycSVI VI III. I. ruts, or Lolly, Or-ir- 25 , ice' 26 fur Janrages for-eirx,liolral injutic -us a cutirponent of actuerl 27 consent -of 28 the -lie treeeused trf et rgaging In unlawful pi er.licc, 1I iv cpar L r rcr 29 30 court. 31 32 -en 33 1,yyr icved persor rz,l rvol ruse-bel calf a cempla;nt is filed, or the party 34 , rney http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab 0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 27 of 44 35 36 37 38 39 P36 1 2 t Wlll I avv 111c a....LJaalivi i au 0 Li ing a CuVi I V.. V 131v 11 vl ❑IC IVI nII 1 CI L II IIJI Vy1IicIIC aII 1Iy cnye 3 Commission pending on or after January 1, 2013, the di1 e. to1 V1 4 i Iis vI hcI Jcaly 5 . 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 t1I IJ Nei suastyli. JL. . 1?. V i fl c ..Yon 129J1 of the OD Hut rrt Cv.fc la ailicii AIJI , lul nlll ae%, gelflhCi, gcr0el' Identity, g VI ICI llalivll, e1 11v1.L71i 1lg 27 ACC. Je1.tk 28 tv Ic21d. 29 12�4C 30 31 32 Gtetes er the estate of Celifernie: IJIOyIAcnl IJIa.,ll..c, uiil 55 base na lI 1 V .cU I.Ja Clvnal LIUGIIII..a U VII, VI, cn..clJ. vvllGI• vas IJVII aIJIJIRa.JI \. ac...UI ICY (..y Ula llvna GaCa DIIaIuvu Uy 33 , 34 35 36 37 38 39 40 P37 1 2 3 earrefitions-,-or-privfleges-cf-entrrEerment7 4 5 disability, of suLj 6 http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab 0001-0050/ab 5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 28 of 44 7 , etetme ar 8 , 9 t,H..t csScrtlful duties even with orrable a ccummodation,r, or 10 La,t„J.-I,.futt,t those duties nra"'Ineed rei tlrat orould not endanger 11 °err 12 rooitl, J.asonaLlc acc�n,rlrn,datirnn. 13 14 ee's 15 titles 16 17 tlulies in a nian,tc, that wouvy e health 18 bie 19 ivna. Nethinyitrli,lft shall aULjcs.,t un cnti,lVper 20 tu-mryricyuHiabil,y t..ufi,tg flea, the ,efesult�ret„Nlvy v, the 21 ledicai 22 , catnlL 23 24 et,q.,Ivycc`s health e, safety or the health v, aaf.ly of uth.,a even 25 26 {3) Nothing itt this part tclating to discrimination on account-ef 27 28 29 ing 30 ,yfl,daa.Sl, t LI n, auivision, vt feciltty�, GOt IDtal.Citl 31 32 e+ 33 u, gtcater benefits to. tt1.,lvyvdill1 cNeu dents then to those 34 LtIIF,IvyecS \v,IIM1,Ut Oi 4ditirfevVe1 dLpe,idcnts. 35 nt-of 36 rs-as-cr 37 factor in employek.� ' to 38 39 40 mi., att itn.liJi�lua' rt,riic, aye If tl,c lave P38 1 Lv,,,�,c151,t invvilcfVI Llial icfv,LI. ftien,otn,rnvvitl,A, the c;n7,Ln,g 2 'g, 3 i c'linty eu LI 1i5Z,ci iiv, ily u, nJ in tut xt viw vvilh LI,.. 4 "from 5 hig , in and 6 , 7 rthe basis of age de not p. onmrc an c. t tpleycr I i Ot n pi Nu my I teciiu t are _ei__,_.._e.___t plan_ retire- _----yns thet are-etitered, reduced, of i t to tr ,Gail) r�LI t..I,LSut IJI,.uILI r t. ut �. 15 _ , 16eekor7rratierrai-origirrTarreestry7rrhysieerl-clisebiiityr mental. 17 LiiaaLilil , , , 18 , cxuai 19 , 20 , http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 29 of 44 21 second clams-- gicgu`ccd n lc11IL..I aI Ir171,l l ll Ji,t.I In ri uLCLyal1 w 22 , 23 origin, i1cestry, physical disability, mental disability, medical 24 condition, genetic information,��ral itat status, sex, yc,,Jc,, yel,del 25 it.lcnlity, gcl1Jci GAF,' caalull, agc, acnual OI I II btiOn, or housing 26 27 28 i• ..11111111ate 111 ally vvaj Qyall WL arty of 1L7 •IIcll•LctJ yr aValli 29 30 (c) (-of any pe,soil Lo disc.,,,,li,luLCayunlal 31 32 33 34 35 36 37 38 39 40 P39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 fv. l casol,abic Qcc mmodtftlo11. Pr ogram or any ether L1 r7TI1n191,I1,gam illy tv cli I j,nrc„L exprcasion, age, io.., imille1Od against. or g l,IvylAcnL alJclwy LO Nl lllt vl ..IIcl,Ia Ilqulry et alr cnlF,lvyce el eppli.alll, eili,cr irectly or indirectly, any limitation, ifi. ati , . v..7.v vJ •....4.%.M, �rV.VI, 1.H11 VIIYI V11.,.II 1, u114.4.d Vl %, IV 11a cull) IvyCI v, cn,F,lOynrcillaycn. 1,vn, 1119 [Hug into-tl ie age fan applicant, or from specifying age limitations, pt as provided ill l al ayl aFJI l (2) VI (3), Iv1 any }r,jcholvyicel CAa,,,lr,alivn of a,l eppliva,lt, Lv make ally,IlcJivat Jre-ilultll.. r r eondition.. (2) Not , 23 24 25 lrteiec. a I ical et psycholugh-fa l ingt. h y of a Jvb appli..al,l a 26 err errrpfetymerrt-offer-hes-been-mecte-bat-prioi—to-the 27 , 28 29 30 31 32 33 34 35 , N'J al I a1,1,ll.. yuc http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab 0001-0050/ab 5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 30 of 44 36 t,rl.n..au..y I..yun"y ,cga.drt.g Li,e ..atule er seventy of a-physicaf 37 • 38t 39 u;.e any cxetir11ratft,ns o. inquir;es li,et ;h.errshow 40 . rbiat. it .r;th-bu. ii rCss necessity -An P40 1 L.,.I,Ivyc. v. employment agency ',lay cundin.troulat,ta, / medie& 2 Lnu„u..0, uJi„g deluntary i•cswvl, a l ra1 3 l,a.l ofa, rtl, rf,i>✓yee-h will, p, og, a1 n evadable tv cmplvat-that 4 worksite. 5 (g) for arty employe., FerbvT age..cy 6 7 pc...on because r-iraS nrade a revolt pur,uant tv Section 8 9 e..,Nlvyces-rha-Il:pv.l susNevteJ petient abuse hcaadlities 10 >,. ..v......ul.lty ca. G facilities 11 y n.errt-agetncy, 12 rrrst 13 1)n y p i w, i Lcuauac U is pc, av, r1 ia5 t,I,l,vwcJ a. iy N. ak.liforbidden _L•C. � 14 ,; tile' 15 • 16 17 o 18 do-sc 19 20 a1,E,.•p L,Lrn ttj-p1Lg.rding 21 • xio 22 L.ecd, Cule,, nati, a..csst,y, ioabifty, ..nenterf 23 Lffy, ...cd Sul c e,.JTI'ru.., y, mantaatmtm; 24 A, , , G IJI 25 l,. ic„laliv, r;SLa1us, tu-I 1arass an cn r. IOyee, an appiicent, 26 ti,. a i,e, son p, ur.taa t to a contract. I Iare!rsment 27 3 28 Nl,.aua„L lea Cvi.11cyce,•-etf,el tlraii an agenf:-Or 29 , 30 1d fai13 31 tartaLLc;..nncJialc a,.J ul,p„vp.late w„ctllvc adieu. Aireopioy'er 32 vviti. respect 33 N. '..y 34 , 35 L.lip Ivye., o. ila-,.rye„tsultrPcr�isrns, f�„oor� er should have -known 36 of -the-condtret-and-falis-to-teke-immediete-and-appropriate 37 Lv, I Gk.llivn. III r cVicrrl.ly cases involving tl.c awls Of 38 nvnenrl,lvyc ✓ Oti.er 39 :t-to-the 40 coneltret-ef-those-morrernokryees-s+raii-be-consitlereditr one P41 1 2 -to 3 4 xistil .y 5 regard 6 7 (3) A,rein},luyee of .n, entity object to thi. subdivision i 8 9 10 >,. cv c.ed e.. ly-F.,,e�.wl�IruufJ (,aye f.ne�rn of Hre-Londtrct ai,d http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab 0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 31 of 44 11 12 f1) (j roe purposes of this SuLd;v;s••On Only, `ti i1.,I y i" nicana 13 14 receiving the selviLts of one vvre persons IJI VI II CfI�.S 15 16 17 18 ;n suLdivi• ion (d} �cthrlri��26-opf,li�s le all pv�i�w„� of ll110 19 20 (0) Nvtwithste rd i rg-5tuLparag; bpl1 (A), fen pu Nvses os 21 aubdivi.ion, `til tpRi c; " eh,es not include a id:.yivusaw,..iutivi r 22 en uwt er ga .L.ed fv; ppi watt. profit, except as pi ;Teti 23 to Seaiv 24 25 26 , 27 {-5-)-For Turposes-of-thirs-strerdersorr providing -services 28 29 foltowi• 1 ig G itcl ia. 30 the performance of the 31 32 performance: 33 {D) The pa ; rai ;ly ci igdgeCl Ili an 1rTOcpentFentIy 34 eaLBsi.ed bus.1ess. 35 fe)--The-person has central over the time and p 36 , 37 38 used ;n the cuure of the emelever's work. 39 fi 3-Forun- this loycr, 40 P42 1 to 2 }na.vc 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 or an cmpIuyei u t, gonizetion, employ .; it-eryency, refuse to hire a e1 r .1k y s NCi Svi i vi to i cfuSe to Sclett a I.,ci ovi f leerding to-cnnployment, or to d'scrimi ally 8ifNiOynIII ict{Jhcnicnt, UnlcoS Llic cngrlOyci 1 cl ry ry na,Jan ry vi n tL ivac undue hardship, es defined in wvd'viaiuii (l) of Scul'u 1292G, v.r OUt IS not Iln irteJ to, of sei vai we yr a Sal)L,atII vi ellle, http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab 0001-0050/ab 5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 32 of 44 25 (lr}vf _tion 11y1U 26 lodatien of an inch iidual's rehgieus dress practice 27 28 rt er 29 30 ea 31 if it vYvuld 1>rsall ill a 4ivluliJl1 of this Hart el any ether law 32 ill , 33 1135 34 of ` ode- 35 0I 36 Le maka IcaJVIIULIeaeeelnnleduttvn fvl t11Ci.1M11Wfl ptlysicai err 37 '.s 38 suLJioi.ivll or;lrpalag,apll '(1)lb, (21 of-.r drvisieni (a) shad -be 39 P43 1 the elllplvytl orlJtllarcvvalcd elltlly Le-pr.di c U11JUe Ila1dship, 2 m 3 o-For 4 / , YYllll the 5 6 rebfe 7 cI 8 :Jl to, k, leea,rl nedi. al condition. 9 (o) fora). aillpvfel or etlrel aittity covered by this part, to 10 l threr 11 person to a test for the-presepee of 8-g netic'chui u..Lal izLn 12 GEC. 1G. Cectfo11 12044 of the 6vvc17nlla,,t Cede, as amended 13 alales of 2012, is amended 14 Mead. 15 129 44. J 16 Ally cnalnillat; ol or-estuLlihil ally other qualification for licensing 17 J 18 color, nation8Foligi,rrn 4 19 yaii ltJ piCS31vr1, aye, medical CeirdltlJll, gd,etic infvrmetion, 20 , lolfailly 21 ,lutua, ul ll..� n. pi acltlC Call Lczl. mvnstl atee�te-be-job nelalcd. 22 of ether-grrerftffeatroi for IicC1i 1 yn ration 23 Llclal ll filled to ba Cll lla vvfUI Ull t1115 S�1-LIVI1, tt lul Jciclll111 ration 24 sl lalt l iv l void, limit, l epeeI, of olI lel wise affect any p rig) lt, r'itege, 25 slatua, vl uj.Jel l any person -by 26 LIK ZXalIIl11 JLIV11 VI Ly u IiI Y 1131 iJ�u\ J III I ctlUl ll c U11 LI1. 27 28 tse- to 29 r^' 30 31 32 it..ully at- ;1 iircri.lnc vvitil fcJclal cLi uI _ulploylnent v t use to Le pl it )tad or circulated any inquiry, either v -La 1 llll of h use of all apl.11icallort form, which expresses, direetip 33 34 35 36 37 ol tunity yuijali PP 1J111 Il Jl L11 C,ula ny • http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab 0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 33 of 44 38 race, rellglous cr -Ld, cOlvl, nalivnatutign , ail CC�Li �, Nliyaivaf 39 disebi}itp;-mt„tal disability, ,.dical co��dition, gel�etic information, 40gender-Hentity-Tgander-expressidriragersextraf P44 1 , 2 , 3 4 tVI II .,.t;VI I will; Ni v5pecttVc 5 aS to, er a ;lT{ut5 -t,l nifl,ilnalfllli reyaidhig, ll, Nliyzm..al fihicaa 6 7 related and pertinent to the license o. li 1e Iice1 J Nvsition the 8 applicant Is epplying .,r. Nvihiivision shell vl 'L'l 9 Ln/ IictrISi1ig Lvuid, in ,Anneetion Wtth praspeCthre-ea8inlnativn5, 10 1;c nSure, or certification, f.uni iri itiiiy individual a With L,Iiy/ai..a`I 11 12 a 13 rdl It s i.nlnN fill fv.r r I� en, an Inqul� caavIIavi.. g boartl to dioc) Imliiatc avail ;a 14 Ln..ay.. Lc�.auac tile per5Of has filed a �.oiny,laiiit, LcstificJ, v 15 I ii� part 16 lei It• 17 of ay,Nlising v eel of t4v 18 19 20 , 21 22 i }n vfcsalulicl-sLaLa 23 GEC. 17. Gection 1294# of the Govcnnnent Cedc, as alirlcicd 24 25 to -reach 26 12044 (G) 1L 5fl II De Jnla WTUl IOi a In,ci5ing buul{.I 27 28 29 tetenrnational origin or uw� au y, acn, 9c iaci , gciaci acnrny, 30 , , 31 , 32 ,,lulue den ioush aled to to yob related. 33 , 34 35 36 37 exhausted:- 38 i{uuifiIV! lt.0 39 , 40 , P45 1 v'ou.,ly conferred upon any person by 2 the-exarninatiorrar-rirerfitense-issued--i-rrreWarree-orr the 3 4 5 6 7 9 wNv; lu;,i 10 to Nnnt v� J cuIatc vi CaUae lv Le p inniahen O� qdullflc. t�o . ieeneing http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab 0001-0050/ab 5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 34 of 44 11 i 'ei 12 13 , 14 . . 15 tllag biGtr,-i1retilal disauiGty;-trt�di'.al cunditien, genetic infornte+tierr, 16 8 X, gci Idci , yci rtici IJei ittt', yv I IJtl tA1.ii caoiv11, age, SCXLJI 17 , atttS ui e1 i 1tet it tO l fTa' - 18 , 19 ,'n 20 tvinrttliv, vailli pie cttioc Gcertsuia er certification, anrinq•rliry 21 as -to, 22 t,f api) i;Lai; a if 11 iat tnquti > ui, cquest fvr infui i naliv] 1 eetlp 23 24 aNi,l;Lull t Is pi..) ',illy fey. tVOthl•ny in lliis subdi slvn shell pi,ht•bit 25 any Ii..eII i"g-[x,nrJ, in cont;cctt irwtl1 prospectvc examinations; 26 iFeel rbtarc, Or Cc rtifitttioii, fi Onl h iViLii ig-11idi'idu8ia vvillrvl.y..ie8+ 27 sY-er 28 rs- 29 (d) It .s unIt arfol-f.i a hit.ei ian iy boei d-to diau In unatc against 30 31 32 I., .. • {e) pi et g tnraeruua pars. is t.nda�rful fer b.mrd-to foil tui...up records 33 t,faF F L. aliona fei Ii .CuSufl U Ccrtlfte8ttOti 1 r a pert 34 ycg it c duLc Jf cteipt of tl i -1 ppficatiul iS. 35 36 37 38 39 P46 1 gate bererrdr fees; er ror 1-n efea.aional status. CCC. 10. ecorr 2 read- 3 u. 4 ferj-ft,t life vaviici of airy I euSmg ac.ominodation to atsciiiiniiul. 5 6 7 8 ten, gc� �Jc �j... 11l;ty, gel id'Ci ci.pressien, Sexu&I ortet 1t t10n, 11 1; tree -of fritorrier iiivuoiiiaj,lulua of Elul 9 },c1 aUt 10 for 11 ii y conccrnirreert re 12 iaCc,CvIuT, IZIigier, sex, geiidtr, gciid.,r-idcntit1, y 13 , m; 14 oi..,cat. y, f13111ataalu , i�ai ililr-ye el• h. ()lulutiv1 ei -housing 15 , ur lea -se -en y houamy 16 ezeorittrrotitstiorr 17 %.rbe 18 .lade, 1st nticd, o-v bIisheJ any-netice, , er adve ise*±+ent, 19 20 21 22 23 r , ttc u r , , , T17a1Ilal J.u.uO, ..0 uvi.ui v. .��...I 24 inform. tiun, hitennun Io iii8Kc Ural, http://www.leginfo. c a.gov/pub/13-14/bill/asm/ab_0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 35 of 44 25 ' 26 {d) ror any p. so. 27 tl.. ICIVII t.eeC, eS LI.et sccri.,n ennlies M hnu�ing 8CCvnumodativns, 28 v Oyal..al al. C. so.. On the Les1S of sex, ge.. ., 29 , 30 emel atatLs, ma. ital atatus, 31 32 33 uv. t-uy,., ' 34 approved housing or en., Jl, ,.Vl %.V..sti 35 36 38 39 40 , P47 1 , 2 3 , 4 dating to the obtaini.,y o. use of that financial assisterfee-. 5 6 or" Othl.isLZ..lsc�rrm..- .--i.ya.rirrst a.i�/ Nc.wn h. tl.c Dale v. 7 8 9 10 11 12 13 14 action- 15 �BT-i Br ei. i sir Orr Airi �'��s Wig- ry'-•perso1 , bank, , vi 37 institution that p,obiJca Giai.dal aasistanee for the pu.d.ase, 16 17 ,,., lion, er to ottcmpt to do so 18 orpe on, f�. N.vf.l t� .,.Ju,..c G..�.,Irt1. �aH-ur 19 , e .1 a.. j dwelling by . cp. cac..lalivna . cya. Jn.y the C. il. v. 20 21 , 22 , 23 , , 24 , 25 (+)—For-arty-person-or-other-orgarrirertiorror-erititr whose -business 26 27 28 , 29 , 30 marital status, rtpin,nel- I igi. r-a.,��l. y,Suu.. c UN .�vi nc, fa...ilia# 31 , 32 (••) TO dei raa to, O. ...c.. rLc. Z vi tea. liLiNalwr 33 , 34 ui *the, auvvi,..e-becettse-of-reeerookyrrreligferrireex,-gerrilerrgernier 35 , 36 u ua.cou v. umaunriv. u�r - - 37 it.c..,me, notional origin, eI hous1..9 status. 38 http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab 0001-0050/ab 5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 36 of 44 39 40 P48 1 2 3 4 Tser 5 ge,trty, geerder-expre..iva, sexa'ai-Ul ientati fr7 6 ft. aiiul-lata.,-rlarit& , , % 7 , 8 , 9 "wed 10 u„dc, the Plaani„ g and -zoning Lana (Title 7 (comn1zncing with 11 -,„ai�c ;a,dailry-upportunitics un ava i I Irtrie7 12 , LI,io saLdi i,ivtral.o iirt,l,.reLs the existence 13 of a,..l,i,.livc,.,vv�.i,u,,h�.va,Jla.s-uf vvl,cllnruwvrllVui,n.d-beet 14 • 15 , 1 16 17 .s alums, „ational o, iyi, yarn eat, p, fa n Gal status, source of Income; 18 .," includes a 19 pci i..cl.,Liv, rLI iv l-ll pv vrl u er that 20 ivzd lu 22 (n) To u1e a financial of-rinconnc 3La,n.la,J-iirlhe iertai-ef•trotreirlg 23 siding 24 as the 25 avv, Cvale-i,,‘omc of a i raf, Icd p�r�uns residing together or p1•epesing 26 t., , csida t.igeti ref . 27 yrto 28 rthe 29 1 r 1al of huu>n ig tl,al io i ivt Lased o„ Lhc pvi livi i of ll ie i ei It to lie 30 poi d-Lq ll,e te,uant. 31 -(p) (1) rortl,uoio.a of LIuu a., ui , ".uuiw of Iiwvnre 32 lncaiiSlavvful, bv.,ifiaL}l. Itn.Li,lc Natd d11=ctiy tv a toi anrtt or -paid 33 -tion, 34 , ,J-u , ._N, e.,e, native Vf-t.rtt..1 re i rt. 35 �' e 36 Suu,c vf-trcoiie tv wake a vs, ittefl-or 37 38 GCC. 19. tee, tiers 1295& 8-�f U Ge�c�rnnci,t Codes s amended 39 torread" P49 1 2 • 3 4 _I 5 L y ll ,is�,a,1, LI al LCi „V„CZ an i„tc„t to dh,u i1 „Irate in any 6 7 8 txN, ession, SLnJaI ouc„luLiu, r - lui lul s1etu , , 9 fa,,,iliul-olatur.ut, disatiiiityrgerrette 10 11 12 overed http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab 000 1 -005 0/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 37 of 44 13 14 • tb) PI oof of a vieletion causil Ig a LIiJL l n I Ilnalvl y cfft..li v 15 16 Mal I IaS[I e[fcct, 1cy01 jIcJS of •nitclll, vl (]1llclvvl bli•9-J iJl,l ll II; Illy 17 tnl lily LASis vf1eGC, L.L7,Vl, r'=`: - • • , 18 , 19 , , , 20 , 21 rthose-Petiorror-inertentied-clertery- effect 22 ,l luli I IVt be L.L,I lsidcred to have L VI nn illlcLl en u11I fLil housi y 23 practice in vielatiun of •ll115 pall if the LuJillcJscJlaLlisl rlrtrrizurr 24 tstablisll that file ecUon of rnection is necessel y LL, the vNcl atloI 25 26 27 28 29 wlnllrilled all u llvuoiuy NICIL.IiC� ill Jivlalierrtif LIIIJ Nall 30 31 32 33 is el vgcd to serve. 34 35 36 37 38 (2) Uor dip., v of this PCbdi'v •sivn, &i tcl I I I '\LUJiI ICJJ 39 40 the Civil Code P50 1 EC.20. L.lI/u lCII I,. LI IJ aI11CII 2 to-read- 3 4 5 6 7 8 9 10 11 JV..L. VL.unlcn W, an0 UCL..1 GI aUvlr Ia Vc L11CJi7, end 41a0 ofthe Civil Code. (b) (1) A ceuntyieeoldet, uibrne cunlpatry, C tiOW forth Iovrdes a copy of a LII.L.Ial alion, yv Vvi nrng decalncnt, .n detLl lLr 12 "If this document col ltoil is eny Ie ,friction based on I aye, , 13 , 14 orientation, familial status, marital status, discbt ity-genetic 15 ' ,•16 , 17 .r 18 and may be rcmevcd pursuant to SL L t .,1I 12%G.2 of tI IL. 19 Government Code. Lawful restrictions under state and federal law 20 21 22 .,tutus." 23 (2) 24 . 25 {c) Any pGt �L11 r'v01 K1 el er dS a LI VLu11 ICI It fVI the L nNl CJJ NuI NV3l http://www.leainfo.ca.aov/oub/13-14/bill/asm/ab 0001-0050/ab 5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 38 of 44 26 27 28 29 30 31 32 33 34 ft,Llvc . Vvenaltt1s gui l.IIIIGIIL• TV VL VVILIIJL WI I. l llju119 uv,tr doeurrrerrt- tV lead: 1LJ JV. L. fai—Or person -who -hold 35 n 36 unlawfully y csll ictiv - ovGI1a1lt-n Irviolation of-strbdiviJi.n i (I) -off 37 alncld Lill.d cslrn_titie Coverttmt 38 fee 39 to 40 /Se..ti n 2736� n 1 tl ie cast/ Ofthe l l..d1_ifka�tien document cument provided P51 1 f r I11 LI IIJ Jc..LkkIr I\. InvJifi.8tlillr alit sI IaII ;nclude 2 'WI IILJIOLc..Vi.,y of LIlc Olit�lllai dV..UIIIG11L t•VIILaIIIilly flit trllh.riyfa#y 3 4 stri +Gil 5 meanor. e 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 sIlip n Itcrcal V cferc I l.col ..ln ly Li lc n lvtlifiCt tlon dvel.Imcirt,, court tr-the to lyil lal dV..l.11 l loft co11Luh sZ111 ul lltarwful restriction basect-on-raee, ider Itity, gender expressierr7 { tvIVI, IellVn, sew-g Auul Oli.IIlal101rfi lnti7ul stOtUs, • disablllty, Ilatl.nld GfiI IGd-iI i ,1 bdivI5iOn (p 1r551411.....L7 y, O1I�IIoCrsincounty Status. Illc nty counsel snarl rctullr tI Ic dVl Vl1IGI Ilsu11U ll Ifvl n1 tilt Ytent PerrereimPIT: rrte • f J. IL Jllaii-�Yx�tairr 1l IQ1111GI OS U ICLI ly v..u!lI .Vcll LI IcIItllllg 1GfCIG11cG to the of.gil"1'ai"dLetrin'elIt in the form ef-er n�11 om t L end date of thG recording - *fern )OK anti payc vl t'we re 23 cc,ntatns 24 25 26 fc 27 mFy 28 1. .LI •LLivnJ� la v n ia�ef(c. ltil t Ll lc p \.i City i letffc.livc flats of Ll It 29 , 30 alIl VJ tll. �ff..liv..}ul, ahtFl.z.rigttlal document. 31 32 33 34 faux. L. L,c ic...kiIT vl11 JifiedZ.Ivcb 35 36 cotrnty-reeorde, JI IaH-,iol r • ''. • • yferl ct of ding the dVcumer 37 i ., 38 tllG .VIA responsibility Vf file holder of the one1ship inLclest-of illy IIIVVI IC GII null) C.r, http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab 0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 39 of 44 39 P52 1 2 3 4 5 6 es detined in Scctien 4100 of the Civil CeJ� if the Lva, J J LL. GG. CeclfV 7 to-reed- 8 p c CiOver in, rc is pa, L sllall Lc l V1ID 9 1ibcrally f,n tire aLeui 1pGsi,nrent of the pu,poses of this part. 10 11 12 13 national origin, ancestry, physical Ji. uti Iity, n cntai th ,ebilit�, 14 , 15 , 16 D .f Nam, r s 17 18 19 20 21 ii,�„re„l�,c„s it, e, 'II Slr,arn,e plan, 22 23 24 • IU cnc Lc9,aIQIUl Cw vccuLry u,c rlc 25 26 , 27 28 , 29 ' this p, in a„y 30 , to Immit or restrict the application of Section 51 e 31 the Civil C.,de: 32 33 34 35 36 37 38 39 40 P53 1 2 3 4 ALL. GJ. Section-0 . f vi .4, 2{,3, 273e, 27JJ, 28G, 20G, 200, 200e, cD aV,„GDCII. person-arith a disability or a miner U fl O, mu. a1J tO pi cc L I,rt„ uiii includ;ng, but noo, any of tl, Q,RiCC,On, Cl,c WrCness n,ay 5 reasonable pe,ioJs of ,ehef 6 7 8 9 J, Id witness IclHeS r. 10 (b) Plotwitl�stay di„g Sect,en G©110 of tl,e Government Code, http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab 0001-0050/ab 5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 40 of 44 11 1 I Ic I vuc 12 son 13 14 , 7u},pv1 l 15 pai se 11sa1ourt p• ' •ra•- ` . .t--' :"r "- -,ul 11 vvllr 16 Dr -the 17 p..iIDv11 Jril11 a disability or cl ild .ro-t ass 18 ny ef-the 19 p..I Dull yidll i a disability 20 s. l IvoH I.i111 s i•f-tl Ie1 e-F. 21 22 23 24 Cedc. 25 CCC.24. Gectron 4900of-the-WJf8re errd Institutions Code is 26 27 4900. 28 Ir,irts 29 °r 30 t,11pa..l llle-dcfllilielis a D'ttnd 31 'rn 32 with Secin,n 15G06)-er GGhapter13 (commencing with Section 33 15750), of Part 3 of Dlvlslon 9. 34 R„stt„te 35 ngg-to 36 may oe n estrmonv of the Nei (e) for the purymses of tht� Beetle r,-tht tom "disability" is t.lefllad i11 ,ul,JitisioI (k) of Section 1202G of the Government ILI ra dtsability Or tl Ie mi 37 .7C. 11,01 rrs• 38 Se..t10 39 "Abusd' aiDo mean, an act, er failure to act, tllal-roold ..v1 rstitttte P54 1 abuseus- hal tern) is defined in .Jtcti.frI 15G10.07 of this co• de er 2 Cectk,n 111C, .G of the Penal -Code. 3 urs. of r l vtcl lIvl r--i11 (d adVv..aC.y ayci It. 111' ,f Tilic 12 of-tl l e-ef-Fedaral Re ju+ations or 10 of Title 45 of the Codc of federal Regulati.xts7 "Complaint" "Cemplanit" ao d'Cf1 4 i11 fed. 1 al atatat. SZJ11d rcyaiot n,5 r ertaTl rtrIg to the autl Io1 itp'Of 5 {1) of 6 of -the 7 Cclat-Regrrlaiio1rs, or Section 130G 19 of Title 45 of t11. 8 9 clvpllreiltal drsabrlrty, as defined 10 11 tied 12 13 met' IS it11 Disabilities Act of 1000 (42 U.S.C. Sec. 12]te± 14 inrted 15 State5 Code, i ornia 16 f:.1ir-E,11NIvi111ait a;Id-Hut ii1g Act (Part 2.0 (commencing with 17 G 18 as -defined in subdivision (k) or (m) of Scctien 1292G of U1e 19 • 20 icy 21 1 Li eatment-to 22 .s-or 23 urrely c.,ntlactual allenyernent. "facility" e1. "1i Oyram" ineludes, 24 :ility, a http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab 0001 •-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 41 of 44 25 26 , 27 le.;den ce uu i 28 29 30 31 32 leuvr yr u-1 r rr-nrrrrmrmtr n.r e c v, Iu any fa..rlI sr Liraho 33 to I censed but is r rot e,cempt G or n licensu, a es pi vv; cJ i, l 34 subdivision (a) of ^ 35 The term also includes a paLlic or private school ar vllrei irrstltL,lrvrr 36 •37 u'se bilities. 38 {f) "Legal ga ," yr "fey.l r cp 39 40 ui1dcrstate lav-ttruppoirrtZrr , P55 1 , yr IcyaI r cpi cocr rlattve, as appr up r ialc. Willi r copcc l 2 3 thi' 4 5 respect to an indivicr paragraphs (1) or (3) of 6 .,uLJivision (i), llris perovn 15 vrre who has the Icyal aullrvr ity� t.l 7 8 the -parent of a miner wlro iras Icgel ..ustedy of the Arirrvr. Th.�.. 9 10 , 11 12 13 14 15 'ruh lu act, that 16 17 and -I ions-pertaining to tl re-etttl renty of pr �le�lror r ar rd 18 advetereregerreics, irldud' l+r-42-uF ll re 19 United States Code, Section 51.2 of Title 42 of the Code of rederal 20 , 21 22 .ct, that tireuld cunstitcrte 23 sabdivision (L) of Section 1.5G10.07 of tlrio code or Section 111G5.2 24 of the Penal Code. 25 (h) een 26 uv abuoc Ot rreyFC..l, yr rsat arynrfl. and r rol. of Lclily 27 28 29 30 31 her experience or training regarding similar 32 , 33 use er neglect. Infer maker r auppvr lilly a pI vLublta.utaa.. 34 35 , 36 {• I) 'ProteetioIralttl-adbtcUc�/ agrlroarro the pill(utt , ' uding all gin cn ao apcuGl rncrrLal IicaiLlI, yr tvrcnSlC untCS. Ilic t..rnH-nC . or the 1 Ic ulliv; rly-lOZvriocnl tv IIca 37 l rvnpr vfil . yr pvralivi r Jtaiyr ralcd Ly ll rc Gvvcr nvr Ir r lI riS staLC 38 39 http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab 0001-0050/ab 5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 42 of 44 P56 1 ender 2 3 u,dan,Cd in Chapter 144 (commencing with 4 Unitd States Code 5 ,,.so, ao Ltd-tlitdc, the fc, +eral 6 P, etcct,o„ and Advocac y f.,r Mentally III Indlvldua„d'merits 7 11-4 (L.,, n rre, reh rg-with Sectien 8 ' 9 ref 10 0+ 11 -_ 12 defined 13 tle 42 .,f 1.1.e U„ited States Code, peepte 14 42 of 15 at icCciOdflJ'JCivi..cstindkrthe 16 fed,. al 1%ott.cti.,, . ' " • _ :-: =`T :',•. -- ' nt_t- 17 t�CG„d n, Seclrvt l-7'� 4e of Title 29 er�� bRtp _� r 18 i a tor., Jvil l il„ tl,e i i ie n•i,gtif-tl,e California-Fa•ir 19 20 12900) of D;vi . 21 >1cfn,cJ „ sere division (k) u, („u) .,f ��Ltn , 12926 of the 22 23 et 24 , ' 25 faL lit�e� 26 aid L..,,,,rtimieate wth ,csidents an e 27 rCL�Nicnts p iValclyu„ J Lu„fde„tt Hiv n a regtrfarbasiz , fo ally 28 I,i„formally, by 1. LNI�mR�, �h� i +'�n� 29 unJ-lv,cVICvv-�ctuid pl,vatcly aiid'confid nt7afl'9', rn a mariner 30 -e 31respectsis-„J I,.„urs-a 32 res•dcnt's regacst tu ter„,mate an i ,te, v e.., „d lilac dvc-not 33 34 , , rv, J JtfVvLaLy at�cfC)' 35 staff- 36 SEC. 5. Section 11135 of the Government Code is amended to 37 read: 38 11135. (a) No person in the State of California shall, on the 39 basis of race, national origin, ethnic group identification, religion, 40 age, sex, sexual orientation, color, housing status, genetic P57 1 information, or disability, be unlawfully denied full and equal 2 access to the benefits of, or be unlawfully subjected to 3 discrimination under, any program or activity that is conducted, 4 operated, or administered by the state or by any state agency, is 5 funded directly by the state, or receives any financial assistance 6 from the state. Notwithstanding Section 11000, this section applies 7 to the California State University. 8 (b) With respect to discrimination on the basis of disability, 9 programs and activities subject to subdivision (a) shall meet the 10 protections and prohibitions contained in Section 202 of the federal 11 Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), 12 and the federal rules and regulations adopted in implementation 13 thereof, except that if the laws of this state prescribe stronger -5cq.) es d. fn cd-i,I JCL•II rrited .3ect;• ou rm-strrff, http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab 0001-0050/ab_5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 43 of 44 14 protections and prohibitions, the programs and activities subject 15 to subdivision (a) shall be subject to the stronger protections and 16 prohibitions. 17 (c) (1) As used in this section, "disability" means any mental 18 or physical disability, as defined in Section 12926. 19 (2) The Legislature finds and declares that the amendments 20 made to this act are declarative of existing law. The Legislature 21 further finds and declares that in enacting Senate Bill 105 of the 22 2001-02 Regular Session (Chapter 1102 of the Statutes of 2002), 23 it was the intention of the Legislature to apply subdivision (d) to 24 the California State University in the same manner that 25 subdivisions (a), (b), and (c) already applied to the California State 26 University, notwithstanding Section 11000. In clarifying that the 27 California State University is subject to paragraph (2) of 28 subdivision (d), it is not the intention of the Legislature to increase 29 the cost of developing or procuring electronic and information 30 technology. The California State University shall, however, in 31 determining the cost of developing or procuring electronic or 32 information technology, consider whether technology that meets 33 the standards applicable pursuant to paragraph (2) of subdivision 34 (d) will reduce the long-term cost incurred by the California State 35 University in providing access or accommodations to future users 36 of this technology who are persons with disabilities, as required 37 by existing law, including this section, Title II of the federal 38 Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 39 errrel-ferRovairnr) et seq.), and Section 504 of the Rehabilitation Act 40 of 1973 (29 U.S.C. Sec. 794). P58 1 (d) (1) The Legislature finds and declares that the ability to 2 utilize electronic or information technology is often an essential 3 function for successful employment in the current work world. 4 (2) In order to improve accessibility of existing technology, and 5 therefore increase the successful employment of individuals with 6 disabilities, particularly blind and visually impaired and deaf and 7 hard -of -hearing persons, state governmental entities, in developing, 8 procuring, maintaining, or using electronic or information 9 technology, either indirectly or through the use of state funds by 10 other entities, shall comply with the accessibility requirements of 11 Section 508 of the federal Rehabilitation Act of 1973, as amended 12 (29 U.S.C. Sec. 794d), and regulations implementing that act as 13 set forth in Part 1194 of Title 36 of the Federal Code of 14 Regulations. 15 (3) Any entity that contracts with a state or local entity subject 16 to this section for the provision of electronic or information 17 technology or for the provision of related services shall agree to 18 respond to, and resolve any complaint regarding accessibility of 19 its products or services that is brought to the attention of the entity. 20 (e) As used in this section, "sex" and "sexual orientation" have 21 the same meanings as those terms are defined in subdivisions (q) 22 and (r) of Section 12926. 23 (f) As used in this section, "race, national origin, ethnic group 24 Identification, religion, age, sex, sexual orientation, color, or 25 disability" includes a perception that a person has any of those 26 characteristics or that the person is associated with a person who 27 has, or is perceived to have, any of those characteristics. http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab 0001-0050/ab 5... 5/2/2013 AB 5 Assembly Bill — AMENDED Page 44 of 44 28 (g) As used in this section, "genetic information has the same 29 definition as in paragraph (2) of subdivision (e) of Section 51 of 30 the Civil Code. 31 (h) For purposes of this section "housing status" has the same 32 meaning as that term is defined in subdivision (g) of Section 53.1 33 of the Civil Code. 34 GEC. 25. 35 SEC. 6. The Legislature finds and declares that the need to 36 address discriminatory practices is a matter of statewide concern 37 and is not a municipal affair, as that term is used in Section 5 of 38 Article XI of the California Constitution. Therefore, this act shall 39 apply to all cities, including charter cities. P59 1 GEC. 2G. 2 SEC. 7. The provisions of this act are severable. If any 3 provision of this act or its application is held invalid, that invalidity 4 shall not affect other provisions or applications that can be given 5 effect without the invalid provision or application. 6 GCC. 27. cyu11 U iiS Zict pu ,tt i it to 7 'fuinia Co,1atil.ution fui ce ta'rrr 8 gcii,.q t+fS�.liuuistoiet 9 �auac, n 1tl wtl CVO d,tZ.i eatcs Q new l.� r1 i r•e-* if1 aCt10 , 10 I;ll llllu t\.� U 1...11 1 iCii .11 10%. .1.J , V� ty fora c.r1111 11 j1 i�rf at.Ii1../1j, witi r the-nreel. iiiig of Section 1755G of the 12 6bvc,e, 0. Cl.aioges the definition of a ciiiiie vviti'Tin-the 13 i G'of Article XIII d of the California 14 Constitution. 15 licweve , if"tii n i iii0i i oiutcs determtrres-that 16 , Jr'e111 C11 17 a-mtrde 18 ' vision 19 4-of-Title-i-of tl re Govern n i ter it Code. 20 SEC. 8. If the Commission on State Mandates determines that 21 this act contains costs mandated by the state, reimbursement to 22 local agencies and school districts for those costs shall be made 23 pursuant to Part 7 (commencing with Section 17500) of Division 24 4 of Title 2 of the Government Code. 0 98 http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_0001-0050/ab_5... 5/2/2013 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 7, 2013 AGENDA ITEM NO. 29 ITEM TITLE: Scheduling a Follow-up City Council FY14 Budget and Strategic Planning Workshop PREPARED BY: Leslie Deese, City Manager DEPARTMENT: City Man r PHONE: 619-336-4240 APPROVED BY:-.., EXPLANATION: At the April 30, 2013 Budget — Strategic Planning Workshop, the City Council requested a follow-up workshop to allow for additional input and review of the FY14 Budget and 2013-18 Proposed Strategic Plan. To allow for sufficient time for final budget preparation, staff proposes the Council hold the workshop on Tuesday, May 14, 2012 at 6:00 pm. Other dates the Council may wish to consider include Tuesday, May 28 or Saturday, May 18 or May 25 (Memorial Day Weekend). FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. N/A APPROVED: There is no fiscal impact associated with this item ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Consider a date to schedule a Council Workshop to review FY 2013-2014 Budget and Strategic Plan. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: N/A