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HomeMy WebLinkAbout2014 08-05 CC HA ADJ AGENDA PKTRONMORRISON Mayor LUIS NATIVIDAD Vice Mayor JERRY CANO Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City, CA 91950 619-336-4300 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV AGENDA OF AN ADJOURNED REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, AUGUST 05, 2014 — 5:00 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 CC/CDC Agenda 8/5/2014 — Page 2 (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretaciOn en espanol se proporciona durante sesiones del Consejo Municipal. Los audi6fonos 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 8/5/2014 - 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 PRESENTATIONS 1. Life Saving Recognition - Lucia Yamira Reyes & Emilia Galiana Reyes (Fire) 2. Burn Institute Recognition - National City Fire Department fundraising for Burn Camp (Fire) 3. Water Drought Update. (Mayor Ron Morrison) INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 4. Approval of the Minutes of the Regular Meetings of the City Council and Community Development Commission - Housing Authority of the City of National City of March 18, 2014, May 20, 2014, June 3, 2014 and the Minutes of the Adjourned Regular Meetings of the City Council and Community Development Commission - Housing Authority of the City of National City of April 29, 2014 and June 17, 2014. (City Clerk) 5. Resolution of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Third Amendment to the Agreement with Safdie Rabines Architects Inc. to increase the not -to -exceed amount of the Agreement by $270,000 for architectural and construction support CC/CDC Agenda 8/5/2014 — Page 4 services for the National City Aquatic Center Project (funded by San Diego Unified Port District CIP) (Engineering/Public Works) 7. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Southern California Soil & Testing, Inc. (SCS&T) for a not -to -exceed amount of $300,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, geotechnical, soils and materials testing. (Engineering/Public Works) 8. Resolution of the City Council of the City of National City authorizing the 30-day review and public comment of the National City Police Department's grant application in the amount of $31,995 to the 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program to purchase Active Shooter Plate Carriers, Ballistic Plates, Magazine Pouches, and "Police" Identification Panels, authorizing the acceptance of the grant award, and authorizing the expenditure of grant funds. (Police) 9. Resolution of the City Council of the City of National City authorizing a Fiscal Year 2015 budget adjustment by ratifying the establishment of a Reimbursable Grants Citywide Fund appropriation and acceptance of $2,500 and a Reimbursable Grants Citywide Fund revenue budget of $2,500 from the 2014 SDG&E SAFE San Diego Initiative Grant funds received for the purchase of meals ready to eat (MREs) for the National City Community Emergency Response Team (CERT). (Fire) 10. Resolution of the City Council of the City of National City designating the Director of Emergency Services, Chief of Police, and Homeland Security Manager each as authorized agents for the purpose of obtaining Federal or State financial assistance for cost recovery for all open and future disasters up to three (3) years following the date of approval to include the 2014 Poinsettia Fire (FEMA-5054-FM-CA) and Cocos Fire (FEMA-5055- FM-CA). (Fire) 11. Resolution of the City Council of the City of National City authorizing the City Manager to execute a Memorandum of Agreement with San Diego Association of Governments (SANDAG) for the Graffiti Tracker Program, for the annual amount of $2,607 through June 30, 2015. (City Manager) 12. Temporary Use Permit - 13th Annual 9/11 Remembrance Ceremony hosted by the National City Fire Department at 343 E. 16th Street on September 11, 2014 from 6:00 a.m. to 10:00 a.m. This is a city -sponsored event. (Neighborhood Services) 13. Warrant Register #49 for the period of 5/28/14 through 6/03/14 in the amount of $1,246,030.98. (Finance) 14. Warrant Register #50 for the period amount of $1,670,397.92. (Finance) 15. Warrant Register #51 for the period amount of $475,260.92. (Finance) 16. Warrant Register #52 for the period amount of $2,275,621.33. (Finance) 17. Warrant Register #1 for the period amount of $957,253.96. (Finance) 18. Warrant Register #2 for the period amount of $1,485,967.78. (Finance) PUBLIC HEARINGS of 6/04/14 of 6/11/14 of 6/18/14 of 6/25/14 of 7/02/14 CC/CDC Agenda 8/5/2014 — Page 5 through 6/10/14 in the through 6/17/14 in the through 6/24/14 in the through 7/01/14 in the through 7/08/14 in the 19. Public Hearing - Conditional Use Permit for a tobacco specialty shop located in South Bay Plaza at 1430 E. Plaza Blvd., Suite E7B. (Applicant: Vapure USA, Inc. (Case File 2014-04 CUP) (Planning) ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION 20. An Ordinance of the City Council of the City of National City amending Section 4.60.170 of the National City Municipal Code extending an existing Transactions and Use Tax ("Proposition D"). (City Attorney) 21. An Ordinance of the City Council of the City of National City ordering the submission of a measure to extend an existing voter approved Transactions and Use Tax (A Sales Tax) in the amount of one percent (1 %) to the qualified voters of the City at the General Municipal Election to be held on November 4, 2014. (City Attorney) NON CONSENT RESOLUTIONS 22. Resolution of the City Council of the City of National City authorizing the installation of 60 feet of red curb "No Parking" between 630 and 632 East Division Street to enhance visibility and access onto East Division Street. (TSC Item No 2014-07) (Engineering/Public Works) 23. Resolution of the City Council of National City authorizing the appropriation and corresponding revenue increase of $2,150,000 for the purpose of covering expenditures related to the relocation of Public Works facilities and environmental remediation on the Westside In -fill Transit Oriented Development project site. (Engineering/Public Works) CC/CDC Agenda 8/5/2014 — Page 6 24. Resolution of the City Council of the City of National City authorizing reduction of the property tax rate for bonded indebtedness for Fiscal Year 2015 from 1.19 cents per $100 of assessed valuation to 0.96 cents. (Finance) 25. Resolution of the City Council of the City of National City ratifying a side letter to the Memorandum of Understanding between the City and the National City Firefighters' Association, amending the agreement to increase, by $10.00 per month, to a total of $20.00 per month, the retiree health benefit for eligible members of the Firefighters' Association retiring on or after July 1, 2014. (Human Resources) 26. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Second Amendment to the Lease by and between the City and the Boys and Girls Club of Greater San Diego, Inc., consenting to a Sublease Agreement between the Boys and Girls Club and Integrity Charter School and a Sublease between the Boys and Girls Club and Episcopal Community Services for the city -owned land and building located at 1430 "D" Avenue (Housing, Grants, and Asset Management) NEW BUSINESS 27. Request to appoint two City Council members to serve on an ad hoc committee for the consideration and potential selection and recommendation of an energy service firm to enter into a guaranteed energy savings contract (ESCO) with the City in response to a request for statements of qualifications (SOQ). (Planning) 28. City Council Review of League of California Cities 2014 Conference Resolutions. (City Manager) 29. Investment Report for the quarter ended March 31, 2014. (Finance) 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 CC/CDC Agenda 8/5/2014 — Page 7 ADJOURNMENT Regular City Council/Community Development/Housing Authority of the City of National City Meeting - Tuesday - August 19, 2014 - 6:00 p.m. - Council Chambers - National City, California. ITEM # 8/5/14 LIFE SAVING RECOGNITION - LUCIA YAMIRA REYES & EMILIA GALIANA REYES (FIRE) ITEM # 8/5/14 BURN INSTITUTE RECOGNITION NATIONAL CITY FIRE DEPARTMENT FUNDRAISING FOR BURN CAMP (FIRE) ITEM # 8/5/14 WATER DROUGHT UPDATE (MAYOR RON MORRISON) REGULATORY State Board Adopts Emergency Regulations on Urban Water Conservation The State Water Resources Control Board adopted emergency regulations today that prohibit certain outdoor water uses and require urban water agencies to implement mandatory outdoor water use restrictions under their water shortage contingency plans. The regulations also require urban water agencies to report monthly water production data and, beginning Oct. 15, to provide an estimate of the gallons of water used per person per day (GPCD) in their service areas. The regulations are expected to take effect as early as Aug. 1, though State Board members acknowledged that some water agencies may need more time to take formal action at the local level to make their local measures consistent with the regulations. The State Board acted on the regulation after a daylong meeting in which water agencies, associations and others provided comments. How the regulations would be enforced and whether agencies should be required to report estimated GPCD were key topics of discussion, with ACWA and others suggesting changes to proposed regulations. ACWA Deputy Executive Director for Government Relations Cindy Tuck said in her remarks that ACWA is pleased the State Board is taking decisive action to help address the deepening drought, but would like to see changes to ensure that enforcement is handled at the local level, and that the regulations would not affect or limit a water supplier's existing enforcement authority. Board members noted on the record that their intent is that prohibitions on certain activities will be enforced at the local level. They decided, however, not to foreclose the possibility of enforcement at the state level. Pursuant to ACWA's suggestion, the State Board did include language clarifying that the regulations do not preclude agencies from exercising their own authorities locally. ACWA also suggested that the State Board delete the requirement that water agencies report estimated GPCD each month due to the difficulty in developing accurate data. After lengthy discussion, the State Board agreed that the GPCD reporting requirement should be delayed to allow the Department of Water Resources to develop additional guidance on how GPCD should be calculated. The final regulation was modified to specify that the GPCD reporting requirement would not take effect until Oct. 15. DWR staff committed at the State Board meeting to complete the GPCD guidance before this date. Language also was added to clarify that the regulations do not apply to wholesale water suppliers and to specify that the prohibition on outdoor water use on hardscapes does not apply to the use of water to wash solar panels. Both issues were raised by ACWA in its comment letter. ACWA's written comments are available here. The final regulations prohibit the following outdoor water uses: • The direct application of potable water to driveways and sidewalks. • Watering of outdoor landscapes that cause runoff to adjacent property, non -irrigated areas, private and public walkways, roadways, parking Tots or structures. • Using a hose to wash a vehicle, unless the hose is fitted with a shut-off nozzle. • Using potable water in a fountain or decorative water feature, unless the water is recirculated. State Board staff indicated the final regulatory package will be submitted to the Office of Administrative Law, which has 10 days to approve it. Staff expects the regulations to go into effect on or about Aug. 1. State Board staff will be posting the final documents within the next few days and will notify the public when they hear from the Office of Administrative Law that the package has been approved. Staff also indicated they will prepare materials to help water agencies communicate with their customers. Notification of a Drought Alert Condition and Declare Supply Enhancement Stage of Water Shortage and Drought Response Plan Presented by: Ken Weinberg, Director of Water Resources Dana Friehauf, Acting Water Resources Manager Son Diego County Nara AUMaNIy Water Planning Committee July 24, 2014 Today's Agenda and Actions 1. State Water Board Emergency Regulation For Statewide Urban Water Conservation 2. Relation to preparing for potentially dry 2015 3. Water Authority actions required to support member agency drought management I Serous Prscp; oi.on /2CI3 - 7M,;f), • Moving to mandatory water use restrictions under regional Model Drought Response Ordinance • Declaring a Supply Enhancement Stage under the Water Shortage and Drought Response Plan San Diego County Water Autheriy 2 1 Governor Declares Drought Emergency Water Authority takes Appropriate First Step • Governor's January 2014 proclamation calls for increased voluntary conservation and implementation of shortage contingency plans seeking statewide savings of 20% • February 2014 Board actions on drought response 1. Activate the Water Authority's Water Shortage and Drought Response Plan, Voluntary Stage 2. Notification of a Regional Drought Watch under Model Ordinance, voluntary 6 San Oleae Ceunry Worer SOSeroy 3 April 2014 Governor Executive Order Redouble State Drought Actions • Strengthens call for all Californians to avoid wasting water • Contains a number of directives aimed at state agencies • State Water Resources Control Board directives • Survey of urban agencies on actions to reduce water use and effectiveness of efforts • Adopt emergency regulations as it deems necessary to prevent the waste and unreasonable use of water 6 Son Olewo Ceunry Wow AvfharnS Water Boards n IP�D.�� •err• 6urt�ry PPeieea <oee0s 4 2 r May 2014 — MWD Expects to take 1.1 MAF (" 50%) from storage reserves in 2014 MWD Storage Reserves (End -of -Year Balances) ■ Dry -Year Storage ■ Emergency Storage 2006 2007 2008 2009 2010 2011 2012 2013 2014 Projected Due to reduced storage reserves, MWD may allocate supplies in 2015 if conditions continue to be dry. ((�Snn Diflc Cevnry Wafer Auflnriy 5 Record Heat Causes Water Use Increase Fiscal Year Potable Water Use in Water Authority Service Area Acre -Feet 60,000 40,000 20,000 ® Water Use FY13 (AF) •Water Use FY14 (AF) Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun FY 2014 was significantly warmer than FY 2013 and potable water /♦� use was 3.5% higher. r(VSen Die o County Want At..., 6 3 8.0°F 6.0 4.0 2.0 0.0 -2.0 Average Daily Maximum Temperature at Lindbergh Field — Departure from Normal (°F) [1 Fiscal Year 2013 M Fiscal Year 2014 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May November -June of FY 2014 was 4°F warmer than normal. May 2014 was 7.3°F warmer than normal. 6 son Diego Ca urn, ware+ Aummiry 7 Percent Increase Above the Normal May Average Daily Maximum Temperature for May 2014 12% 10% 8°%o 6% 4% Z% 0% Sacramento San Jose Salinas San Diego /'- San Diego's ADMT was significantly higher than other areas of the State. 6 Son Dingo Counry Wonr Autann $ 4 Demonstrated Conservation Savings Since 2007 750,000 Total Potable Water Use in Water Authority Service Area 650,000 d 550,000 450,000 350,000 2007 2008 2009 2010 2011 2012 2013 2014 Fiscal Years 6S0n Dirge County Mt Aerht.i' 9 SWRCB Emergency Regulations • Emergency exists due to ongoing severe drought • Immediate action is needed to: • Effectively increase urban water conservation • Preserve state's water supplies • Remain in effect for 270 days • Can be repealed by SWRCB due to changed conditions 6 Son Diego County Wafer Aurhoriy 10 5 Water Waste Prohibitions Following actions prohibited: 1. Watering of outdoor landscapes that cause excess runoff 2. Using hose to wash motor vehicle, without shut-off nozzle 3. Washing down driveways and sidewalks 4. Use of potable water in fountains or water features unless it is recirculating (Except for health and safety purposes) 6 Dregs COVrIy Worn. aorhoriry 11 Mandatory Actions by Water Suppliers Implement Mandatory Conservation Measures • Requires all urban suppliers to implement Water Shortage Contingency Plans at mandatory level • Does not set a state-wide or regional percentage • Potential for additional regulations if savings not demonstrated • Suppliers without plans/or less than 3,000 connections shall • Limit outdoor irrigation to no more than 2 days/week, OR • Implement measures to achieve a comparable conservation action • Requires retail agency monthly water production reporting 12 6 Violations 1. Water waste prohibitions • Local agency could fine up to $500/day • Local agency retains enforcement discretion 2. Mandatory actions by water suppliers • Subject to cease and desist orders with fines up to $10,000/day Goes into effect on or about August 1, 2014 6Ion Dieye Coumy Wow Aw»wrlry 13 2008 Water Authority Drought Response Model Ordinance • Provide regional consistency • Effective messaging to public and media • Coordinate action among member agencies • Core water -use restrictions • Prohibit wasteful water practices • Progressive severity of restrictions • All member agencies updated ordinances • Vary slightly by local jurisdiction • Majority of agencies' Drought Alert trigger based on Water Authority notification 6 ion Diego COunly Water AUHwriry 14 7 Water Authority Condition Drought Watch Voluntary Model Drought Response Ordinance Key Measures Water waste prohibitions Stop washing down paved surfaces Eliminate inefficient landscape watering (no runoff) Drought Alert Mandatory Up to 20% Drought Watch restrictions apply Limit watering time (10 min/station) Assigned watering days (3 days — summer /1 day — winter) Drought Critical Mandatory Up to 40% Drought Watch and Alert restrictions apply Assigned watering days (2 days — summer/1 day — winter) Restriction on issuance of meters Establish customer water allocation Drought Emergency Mandatory Above 40% Drought Watch, Alert and Critical restrictions apply Prohibit landscape irrigation (with some exceptions) ���� 6 Son Diego Courty Wier Au hoary 15 Water Drought Stage Voluntary Supply Management Authority Water Shortage and Response Plan Regional Stages Potential Trigger MWD has been experiencing shortages in its imported water supply and is withdrawing water from storage due to drought conditions to meet demands Supply Entered into a prolonged drought where securing Enhancement Option supplemental dry -year supplies is warranted to minimize impacts due to potential or actual shortages Cutbacks and Allocations MWD is allocating supplies to its member agencies and implementation of the Water Authority's allocation methodology is required 6 Son Diego Courtly Wolel A nho.hy 16 8 Correlation between Regional Plan Stages and Model Ordinance Levels Vo/untary Supply Management Drought Watch Voluntary Supply Enhancement Option Drought Alert Mandatory Cutbacks and Allocations Drought Alert Mandatory Drought Critical Mandatory Drought Emergency Mandatory 6 fon Olapo County Wooer Aaehoriy 17 Basis for Staff Recommendation • Metropolitan will need to withdraw —50% of its storage reserves in 2014 • Critical to preserve storage reserves should dry conditions continue through 2015 and beyond • Continued above average temperatures could influence water use • 19 member agencies' ordinances require Water Authority notification to comply with SWRCB emergency regulations • If supplemental supplies available in 2015 be prepared to consider acquiring 6 fen Diego County Warar Authority Water Authori Member Agencies 9 Revised Staff Recommendation 1. Approve notification to the Water Authority member agencies of a Drought Alert condition, which under the Model Drought Ordinance includes mandatory water use restrictions; and 2. Declare implementation of Supply Enhancement Stage of the San Diego County Water Authority's Water Shortage and Drought Response Plan. Staff will monitor improved supplemental supply availability and, pending water supply conditions, will identify potential water transfer opportunities in preparation for 2015. • Includes assessment of extracting Central Valley groundwater storage reserves 6 Son Oleg. County v..„ AutherJyy 19 10 ITEM 4B. WA.", C I I3 t) i Fact Sheet The State Water Board to Consider Proposed Emergency Water Conservation Regulations On January 17 Governor Edmund G. Brown Jr. issued a drought emergency proclamation following three dry or critically dry years in California. Extreme drought now covers nearly 80 percent of the state and these conditions will likely continue into the foreseeable future. More than, 400,000 acres of farmland are expected to be fallowed, thousands of people may be out of work, communities risk running out of drinking water and fish and wildlife species are in jeopardy. Many communities are down to 50 gallons a day or less per person for basic sanitation needs. With our inability to predict the effect of the next rainy season, water saved today can improve a region's water security and add flexibility to systems that may need to withstand another year or more with precipitation below average. There are many ways to boost local water supplies such as recycling treated wastewater and reusing some household or industrial water onsite. However, conservation is the easiest, most efficient and most cost effective way to quickly reduce water demand and extend supplies into the next year, providing flexibility for all California communities. In a survey conducted by the State Water Board in June, while many communities have significantly reduced their water demand over time, it is clear that more can be done. Conservation Actions Needed Because of these dire conditions and the -need to conserve more, the State Water Resources Control Board (State Water Board) is proposing that individuals and water agencies take necessary steps to conserve water supplies both for this year and into 2015, and is recommending that individuals and water agencies do even more voluntarily to manage our precious water resources. Most Californians use more water outdoors than indoors. In some areas, 50 percent or more of our daily water use is for lawns and outdoor landscaping. Some urban communities have been investing in conservation, particularly indoors, for years, but reducing the amount of water used outdoors can make the biggest difference of all. STATE WATER RESOURCES CONTROL BOARD toot I Street, Sacramento. CA 05611 •016-341 61S1 • Medias Address: P.O. Sox 160, Sacr.nm.nto. CA 001112.0166 • seem watemboards.cs. The proposed emergency conservation regulations are primarily directed at reducing outdoor urban water use. These emergency conservation measures target both individual water use, by identifying the practices from which every Californian should abstain during this drought emergency, as well as the steps that local water suppliers should be taking to reduce water demand in their service areas. These restrictions set a minimum level of effort in this time of emergency and everyone should do more voluntarily. As the drought wears on, the State Water Board may revisit these regulations and consider other measures. Temporary Water Restrictions All Califomians will be affected by the ongoing drought conditions in one form or another, especially if these conditions persist or worsen in 2015. To promote water conservation statewide, the emergency regulations would prohibit each of the following, except in case of health or safety needs or to comply with a term or condition in a permit issued by a state or federal agency: • The direct application of water to any hard surface for washing. • Watering of outdoor landscapes that cause runoff to adjacent property, non -irrigated areas, private and public walkways, roadways, parking lots or structures. • Using a hose to wash an automobile, unless the hose is fitted with a shut-off nozzle. • Using potable water in a fountain or decorative water feature, unless the water is recirculated. Violations of prohibited activities are considered infractions and are punishable by fines of $500 for each day in which the violation occurs. Any employee of a public agency charged with enforcing laws may write and issue a ticket to the violator. Action by Urban Water Suppliers Required To reduce water demand, the regulations would require urban water suppliers to implement their Water Shortage Contingency Plans at a level that triggers mandatory restrictions on outdoor water use. Almost all urban water suppliers (those with more than 3,000 water connections) have these plans; about 40 of these larger agencies do not. If an urban water supplier does not have a Water Shortage Contingency Plan or its Plan does not meet the requirements of the water code, the supplier must, within 30 days, require customers to limit outdoor irrigation to no more than two days per week or implement another mandatory conservation measure to achieve a comparable reduction in water consumption by the people it serves relative to the amount consumed in 2013. 2 July 10, 2014 Water suppliers serving fewer than 3,000 connections must also, within 30 days, require customers to limit outdoor irrigation to no more than two days per week or implement another mandatory conservation measure to achieve a comparable reduction in water consumption by the people it serves relative to the amount consumed in 2013. Urban water suppliers that violate mandatory actions could be subject to cease and desist orders for violating emergency regulations with fines up to $10,000 per day per violation. Or, the matter could be referred to the Attorney General's office for further action. Keeping Track of Urban Water Use Each urban water supplier will keep track of its water use and compare it to the same period last year. Reports that include the amount of potable water the supplier produced in the preceding month and an estimate of gallons of water per person per day used by its customers will be submitted to the State Water Board by the 15th of each month. Looking Forward The State Water Board is providing the following tips to water suppliers to educate their customers about the new requirements: • Retail water suppliers should provide notice of the regulations in English and Spanish in one or more of the following ways: newspaper advertisements, bill inserts, website homepage, social media, notices in public libraries; • Wholesale suppliers should include reference to the regulations in all of their customer communications; • All water suppliers should provide signage where recycled or reclaimed water is being used for activities that the emergency regulations prohibit with the use of potable water, such as operation of fountains and other water features; • All water suppliers should train personnel on the regulations; and • All water suppliers should set conservation targets, measure their service area's progress and make this information available to their customers. In addition to letting customers know about the new requirements, water suppliers should also: • Have an easy way for customers to report leaks and water waste via phone or electronic submittal (website form, or email); and • Request that police and fire departments and other local government personnel report leaks and water waste they encounter during their routine duties/patrols If drought conditions continue, additional actions by the State Water Board and local water suppliers will likely be necessary to further increase conservation. All water suppliers are encouraged to be prepared and plan for a possible dry 2015 now. 3 July 10, 2014 Next Steps The proposed emergency regulations will be considered by the State Water Board at its July 15th meeting. Written comments are due by 12 noon on July 14, 2014. Send comments to Jeanine Townsend, Clerk to the State Water Board, by email at commentlettersawatetboards.ca.gov (must be no more than 16 megabytes); fax at (916) 341-5620; or mail or hand delivery to: Jeanine Townsend, Clerk to the Board, State Water Resources Control Board P.O. Box 100, Sacramento, CA 95812-2000 (mail) 1001 I Street, 24th Floor, Sacramento, CA 95814 (hand delivery) Please also indicate in the subject line, "Comment Letter— July 16, 2014 Board Meeting -Item 10: Emergency Water Conservation Regulations". If adopted and subsequently approved by the Office of Administrative Law, they would go into effect on or about August 1st. 4 July 10, 2014 Item # 4 08/05/14 APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF MARCH 18, 2014 MAY 20, 2014, JUNE 3, 2014 AND THE MINUTES OF THE ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF APRIL 29, 2014 AND JUNE 17, 2014. (City Clerk) Rita He the comm Book 96/Page XX 03-18-2014 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY March 18, 2014 The Regular Meeting of the City Council Commission — Housing Authority of the City o at 6:05 p.m. by Mayor / Chairman Ron Morris ROLL CALL Council / Board members present: Ca `?' orrison, Nativida Administrative Officials present: Da d..•eese, Iuong, Raulston, Roberts, Rodriguez, Silva, Steve Vera, William Others present: Student Rep ;n tative Kan ommunity Development al City was called to order s.. PLEDGE OF ALLEGIANCE T PUBLIC ORAL C James Brewe City Council an families in National -cheduled a" National C PRESENTATIONS s, Sotelo-Solis. niello, Parra, G BY ! R RON MORRISON Conn `'* ity Church, informed the s on -going efforts to feed 500 needy volunteers ment, reported on the Drug Turn -in Tice Sargent Dennis Leach for his service to CITY COUNCIL PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) 1. Employee of the Quarter 2014 — Macario Avila, Lead Tree Trimmer PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) 2. Recognizing Dennis Leach, Police Sergeant for his 25 years of service with the City of National City. Book 96/Page XX 03-18-2014 PRESENTATIONS (cont.) PERSONNEL NEW EMPLOYEE INTRODUCTION PROGRAM (604-2-2) 3. Introducing Javier Carcamo, Financial Services Officer, Finance Department, and Kuna Muthusamy, Assistant Director Engineering/Public Works. (Engineering/Public Works Department) COUNCIL MEETING PRESENTATIONS 2014 (102-10-9) 4. Update on the National City Y Waterfron venture Center. (Tina Williams, Executive Director South Bay Y) COUNCIL MEETING PRESENTATIONS 201 der: 2- 5. National City Capital Improve s Proje '`".; Website for Public Information. (Engineering and Ps`. orks) INTERVIEWS / APPOINTMENTS BOARDS & COMMISSIONS 6. Interviews and Appoi Clerk) Victor Barajas, Janice Ma were preset: erview. CONSENT CA CONT CONTRA 7. Reso THE C EXECUTE TELEPHON ds and Commissions. (City and Hanne Lore Inman tem Nos. 7 through 11 (Resolution 12 (TUP), Item Nos. 13 and 14 So =`' r 's, seconded by Cano, to approve the nanimo ote. -29. RESOLUTION OF THE CITY COUNCIL OF IONAL CITY AUTHORIZING THE MAYOR TO OF SALE GRANTING TO PACIFIC BELL PANY, A CALIFORNIA CORPORATION DBA AT&T CALIFORNIA, OWNERSHIP RIGHTS AND INTEREST IN AND TO THE UNDERGROUND SUPPORTING STRUCTURE PLACED FOR AT&T JOB. NO. 8039798 AS PART OF UNDERGROUND UTILITY DISTRICT NO. 24 ON 8TH STREET FROM NATIONAL CITY BOULEVARD TO HIGHLAND AVENUE FOR THE SUM OF $215,806.78. (Engineering and Public Works) ACTION: Adopted. See above. ry (C2014-6 2012-13) No, 2 OF; Book 96/Page XX 03-18-2014 CONSENT CALENDAR (cont.) CONTRACT (C2013-29) 8. Resolution No. 2014-30. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDER NO. 7 TO THE 8TH STREET SMART GROWTH REVITALIZATION CONTRACT (SPECIFICATION NO. 12-13) WITH PAL GENERAL ENGINEERING, INC. FOR THE LUMP SUM AMOUNT OF $707,769.09 TO PROCU; ». ALL STREET LIGHT STANDARDS AND LED FIXTURES, � - RATIVE POLES, AND PROJECTION LIGHTS CONSISTENT ..y° p€ :.. E AMENDED LIGHTING PLAN AND PROJECT SPECIFICATIed by SANDAG SGIP Grant) (Engineering and Public W ACTION: Adopted. See TEMPORARY USE PERMITS 2014 (2 �'zr30) 9. Resolution No. 2014-31. RESOL THE CITY OF NAT,v L CITY ACCEPT A TEMPO 't, SE PER DIEGO UNIFIED POR :,f„ fz_w:;r;;.T TO STAGING ON PORT DI THE NA CI ADVENT R). (E A° ON: A."` d. See A DEV Protectio AC XECUTE E CO ORITY F HOOVE MENT enc HE CI UNCIL OF IZING THE YOR TO PREPARED BY THE SAN FOR CONSTRUCTION CONSTRUCTION OF R (WATERFRONT orks) N OF THE CITY COUNCIL OF UTHORIZING THE MAYOR TO ENT NOT TO EXCEED $200,000 TO EVELOPMENT COMMISSION -HOUSING EDIATION OF HAZARDOUS MATERIALS VENU - WESTSIDE INFILL TRANSIT -ORIENTED OJECT. (Funded by the U.S. Environmental lanning/Housing, Grants, Asset Management) pted. See above. CONTRACT (C2012-19) 11. Resolution No. 2014-33. RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A 1ST AMENDMENT TO THE AGREEMENT WITH MOTOROLA SOLUTIONS, INC. IN THE NOT -TO -EXCEED AMOUNT OF $27,660 TO PROVIDE MAINTENANCE AND SUPPORT SERVICES FOR THE NATIONAL CITY POLICE DEPARTMENT PREMIER MDC SYSTEM. (MIS) ACTION: Adopted. See above. 3 Book 96/Page XX 03-18-2014 CONSENT CALENDAR (cont.) TEMPORARY USE PERMITS 2014 (203-1-30) 12. Temporary Use Permit — Request from Granger Jr. High to use the city stage for the 10th Annual Granger Junior High Community Culture Fair on May 16, 2014. This is a co -sponsored event per Council Policy No. 804. (Neighborhood Services) ACTION: Approved. See above. WARRANT REGISTER JULY 2013 — JUNE 201 13. Warrant Register #33 for the period of amount of $2,113,437.85. (Finance) ACTION: Ratified. See abo WARRANT REGISTER JULY 2013 14. Warrant Register #34 for the amount of $1,166,951.39. (Financ ACTION: Ratifi z n. ee above. PUBLIC HEARINGS BLOCK GRANT P 15. Public H and Ur funds, pro Community ommendati es identifie ESTIMO ION: He -. M AD of 2 on "q&" nt (H fE and fu lock -1-28) 4 through 02/11/14 in the 2014 (202-1-2 of 2/1 14 throu /18/14 in the 9) S. epartment of Housing gram 2014 entitlement grant remaining from completed projects to nt (CDBG) and HOME Investment es proposed for the 2014-2015 Grant , .>.' _A' et Management) Conduc the Public Hearing and make DBG and HOME funding allocations from the cial Statement. None. on by Sotelo-Solis, seconded by Rios, to close the Carried by unanimous vote. Funding alloc:Y recommendations and rankings were made for Public Service Program requests. Estimated funding available for the category is $121,207. Item No. 1 City - Community Services / Youth At Risk Afterschool Teen Program ACTION: Motion by Rios, seconded by Sotelo-Solis, for full funding of $27,500. Carried by unanimous vote. ti In an Public Book96/PageXX 03-18-2014 PUBLIC HEARINGS (cont.) BLOCK GRANT PROGRAM ADMIN 2014 — 2015 (406-1-29) 15. Public Hearing for the Fiscal Year 2014-2015 Action Plan (continued). Item No. 2 International Bible Baptist Church / Brother's Keeper San Diego Inc. ACTION: No action taken. Item No. 3 Community Youth Athletic Diversion Program ACTION: No action taken. Item No. 4 Meals -on -Wheels Meals — National City ACTION: No action taken. Item No. 5 La Mea Health Services ACTION: Motion by Na $24,300. Carried by th Sotelo-Soli In an eff Public meeting. Motion by m No. 6 S.: ON: Motio . Carried to sta :... e p meeting. Motion by Rio `Yf conded by Natividad, for funding of $44,370. Carried by the following vote, to -wit: Ayes: Morrison, Cano, Natividad, Rios. Nays: Sotelo-Solis. Morris ithin s, amily Cli r / Champs 4 Life Youth er San Die conded Home -Delivered roving Acce o Mental otelo-Solis, for funding of Ayes: Natividad, Rios, arameters allowed for g ac were taken later in the Cano, to reduce funding to $0. es: Cano, Morrison, Rios, Sotelo- ibrary / Literacy Services Rionreconded by Natividad, for full funding of unanimous vote. ithin the maximum funding parameters allowed for ams, the following actions were taken later in the Item No. 7 South Bay Community Services / Police Department Support Services — Domestic Violence Response Team ACTION: Motion by Sotelo-Solis, seconded by Rios, for funding of $20,000. Carried by unanimous vote. 5 Book96/PageXX 03-18-2014 PUBLIC HEARINGS (cont.) BLOCK GRANT PROGRAM ADMIN 2014 — 2015 (406-1-29) 15. Public Hearing for the Fiscal Year 2014-2015 Action Plan (continued). Item No. 8 YMCA of San Diego County — South Bay Family YMCA / YMCA Subsidy and Financial Assistance Program ACTION: Motion by Natividad, for fundin• of '.30 000. Motion died for lack of a second. Item No. 9 City — City Manager's Program ACTION: Motion by Natividad, se $20,000. Motion failed by the Sotelo-Solis. Nays: Cano, Mo Motion by Sotelo-Solis, second Motion carried by the following Natividad, Sotelo-Soli s: In an effort to stay wi Public Service program meeting. Motion by conded -wit: A the folio Sotelo- Item No. 10 Rios. maximu Neighborhood Councils • ed by S"r° •. ing vote, to-: , Rios. '= . Natividad, for fu �t. to :�f< -Solis, for funding of Ayes: Natividad, Ayes: of 15 000. Morrison, ding parameters allowed for s were taken later in the ing to $0. Carried by o, ios. Nays: Natividad, ces / Tiny Tots ded by Rios, for full funding of ention Program / Trauma Intervention Morrison, seconded by Cano, for full funding of iled by the following vote, to -wit: Ayes: Cano, vidad, Rios, Sotelo-Solis. Funding allo recommendations and rankings were made for Non - Public Services program requests. Estimated funding available for the category is $525,321. Item No. 12 City — Housing, Grants and Asset Management / Housing Inspection Program ACTION: Motion by Morrison, seconded by Sotelo-Solis, for funding of $70,002. Carried by the following vote, to -wit: Ayes: Natividad, Morrison, Sotelo-Solis. Nays: Cano, Rios. 6 Book 96 / Page XX 03-18-2014 PUBLIC HEARINGS (cont.) BLOCK GRANT PROGRAM ADMIN 2014 — 2015 (406-1-29) 15. Public Hearing for the Fiscal Year 2014-2015 Action Plan (continued). Item No. 13 Southwestern Community College District / Center for International Trade Development ACTION: Motion by Rios, for fundin• of 25 000. Motion died for lack of a second. Item No. 14 City — Neighborhoo Neighborhood Preservation ACTION: No action taken. Item No. 15 San Ysidro Hea Facility Improvement ACTION: No action taken. ices Department / enter / Nationa it Family Clinic Item No. 16 City — E ' De a - 9 p:w; t / Drainage Improvements ACTION: No action take" Item No. 17 y, Engin ACTION• ios, for second. Item No. 18 A Cano, seconded by Rios, that in the event additional fundin` a allocates ®f up to $85,000 that it be allocated to Item No. 12 Housing`""�ecti•vfij rogram. Carried by unanimous vote. Item No. 19 f Fire Department / Fire Station 34 — Section 108 Loan Payment FY 13-14 ACTION: Motion by Sotelo-Solis, seconded by Rios, for full funding of $543,819. Carried by unanimous vote. Funding allocation recommendations and rankings were made for CDBG and HOME Investment Partnerships Program Funding. A Enhancements otion died for lack of a Coalition / Making "Healthy y Sotelo-Solis, for full funding of the fo ' ing vote, to -wit: Ayes: Rios, Sotelo- n, Natividad. Book 961 Page XX 03-18-2014 PUBLIC HEARINGS (cont.) BLOCK GRANT PROGRAM ADMIN 2014 — 2015 (406-1-29) 15. Public Hearing for the Fiscal Year 2014-2015 Action Plan (continued). Item No. 20 City — Housing, Grants and Asset Management / CDBG Program Administration ACTION: Motion by Sotelo-Solis, seconded by Rios, for full funding of $126,609. Carried by unanimous vote. Item No. 21 CSA San Diego Coun it Housing & Tenant - Landlord Education Services ACTION: Motion by Sotelo-Solis, ponded by os for full funding of $35,000. Carried by unanimous Item No. 22 City — Housing _ nd Gr- nts 1 der -Occupied Rehabilitation Program., ACTION: Motion by secondelo-Solis, for ffunding of $371,184. Carried by us vote. Item No. 23 Assistanc ACTION 160 8 me appro event to then collec South Bay ;le m (TB-�, • :. Rios, s:. arried` nanim ing of pr•" of the Ci • rogra _DB os, s ':Yyf�-0I nimous v'�CC e. Tenant Based Rental lis, for full funding of d Grants / HOME Program by Sotelo-Solis, for full funding of ms az:oved for funding was distributed to each ouncil. The City Council was then asked to rank the n priority order (with #1 being the highest) in the ding was changed for 2014-2015. The sheets were allied and reported back to the City Council. Carlos Aguirre, Community Development Manager reported that the tabulation of individual ranking process resulted in a tie between Item No. 17 "Park ADA Enhancements" and Item No. 18 "Health Homes Energy Efficiency". ACTION: Motion by Sotelo-Solis, seconded by Rios, to rank Park / ADA Enhancements ahead of "Healthy Homes". Carried by unanimous vote. Motion by Sotelo-Solis, seconded by Rios, to approve the rankings for Items 1 through 4 and Items 1 through 6. Carried by unanimous vote. Book 96 / Page XX 03-18-2014 NON CONSENT RESOLUTIONS ENGINEERING DEPT — GRANTS / REPORTS ADMIN (1104-1-1) 16. Resolution No. 2014-34. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF A PROPOSITION 84 STORM WATER GRANT PROGRAM (SWGP) APPLICATION FOR THE KIMBALL PARK LOW -IMPACT DEVELOPMENT AND PARADISE CREEK RE TORATION PROJECT IN THE AMOUNT OF $1,876,153 AND COMMIt-,G TO A LOCAL MATCH OF $700,000 FOR A TOTAL PROJEC sg` T OF $2,576,153 (local match available from various CIP) (Engi £EN and Public Works) RECOMMENDATION: Adopt the Res nA thorize the filing of the grant application and commitment v; )k, al match. TESTIMONY: None. ACTION: Motion by So kw<CE`' olis, seconded b . Ds, to adopt the Resolution. Carried by un E re ous vot CONDITIONAL USE PERMI:€ lA ! 14 (403-2 SOLUTI APPR 17. Resolution No. 2014- THE CITY OF NATIO PERMIT FOR THE SA CONSUMP.__<,� T AN LOCAT 2013-2 RECOM TES CONTRA 18. Reso THE C EXECUTE THE CITY " AVE;( 9) dopt th solution. THE CITY COUNCIL OF G A CONDITIONAL USE INE FOR OFF -SITE SUPER MARKET) Chalabi) (Case File , seconded by Cano, to adopt the ollowing vote, to -wit: Ayes: Cano, olis. s: Natividad, Rios. Abstain: None. -36. RESOLUTION OF THE CITY COUNCIL OF IONAL CITY AUTHORIZING THE MAYOR TO ST AMENDMENT TO THE AGREEMENT BETWEEN NATIONAL CITY AND CHANDLER ASSET MANAGEMENT, INC. FOR INVESTMENT MANAGEMENT AND ADVISORY SERVICES. (Finance) RECOMMENDATION: Authorize the Mayor to execute the First Amendment to the Agreement with Chandler Asset Management, Inc. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Rios, to adopt the Resolution. Carried by unanimous vote. Book 96 I Page XX 03-18-2014 NEW BUSINESS TEMPORARY USE PERMITS 2014 (203-1-30) 19. Temporary Use Permit — The 6th Annual Campagnolo GranFondo San Diego Bicycle Ride sponsored by the Little Italy Association on Sunday, April 6, 2014 from 7:15 a.m. to 5 p.m. with no waiver of fees. (Neighborhood Services) RECOMMENDATION: Approve the Applicati•n for a Temporary Use Permit subject to compliance with all conditio! cf approval with no waiver of fees. TESTIMONY: None. ACTION: Motion by Rios, se 'e: Yk-d ° p t otelo-Solis, to approve staff recommendation Car by the fo + g vote, to -wit: Ayes: Cano, Morrison, Rios, S. 41� Solis. Nays "� e. Abstain: None. Absent: Natividad. CONDITIONAL USE PERMITS 2014 (40 20. Notice of Decision — p ing Commr proval of a CoY' tional Use Permit for a Wireless .e ... ications' r:.lity located at 2135 National City Blvd. (Applicant. r ireless Case File 2013-31 CUP) (Planning) RECOMM & !M oncur the '&*sion of the Planning Commis Decision to be filed. AU 21 Au AC recom N: Sta mmen ne. by Nativ rried seconded by Cano, to approve staff nanimous vote. FY2(208-1-27) le Audit'- port on Federal Awards for the Fiscal (Finance) t and file the City of National City's Single ral Awards for the Fiscal Year ended June 30, 2013. he City's auditors made a PowerPoint presentation a"'(; spoRe(® to questions. AC action taken. FINANCIAL MANAGEMENT 2012 — 2013 (204-1-28) 22. City of National City Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2013. (Finance) RECOMMENDATION: Accept and file the City of National City Comprehensive Annual Financial Report for the Fiscal Year ended June 30, 2013. TESTIMONY: None. ACTION: No action taken. \0 Book 96 / Page XX 03-18-2014 NEW BUSINESS (cont.) CITY WIDE HOUSING ADMIN (303-4-1) 23. 2013 Annual Progress Report on the Implementation of the Housing Element of the General Plan. (Planning) RECOMMENDATION: Accept and file the Report. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to accept and file. Carried by unanimous vote. CITY ATTORNEY REPORTS (509-1-3) 24. Presentation of Rosenberg's Rules of Attorney) RECOMMENDATION: Accept and TESTIMONY: None. ACTION: No action tak COUNCIL MEETINGS REGS / SCHEDUL • M,> f 102-7-1) 25. City Council Summer lative Reci` Manager) RECOMMENDATION: t ;. t Council tion. TESTIMONY: No ACTION: Motion b , . . sa seco . by Cano, to go dark In July. M. . , ad ma GF� � peen: the motion to go dark ox first m ;ng in J ".... ion di .. "•r Zack of a second. Me �� Rios . ered a 'stitute motion to go dark during the month Moti. r:: ied for lack of a second. orig `k� �..� � "' . «�. da . Jul carried by the following vote, no, •` `=r fY ios, Sotelo-Solis. Nays: Natividad. sent: N ITY D == LOPMENT COMMISSION — RITY OF THE CITY OF NATIONAL CITY HOUSING AU '` f . - ITY € 4 (404-1-3) CONTRACT (C2 26. Resolution "`2014-21. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ACCEPTING A GRANT, AUTHORIZING THE CHAIRMAN TO EXECUTE A SUBGRANT AGREEMENT NOT TO EXCEED $200,000 FROM THE CITY OF NATIONAL CITY, AND AUTHORIZING THE ESTABLISHMENT OF APPROPRIATIONS AND THE CORRESPONDING REVENUE BUDGET FOR THE REMEDIATION OF HAZARDOUS MATERIALS AT 2100 HOOVER AVENUE - WESTSIDE INFILL TRANSIT -ORIENTED DEVELOPMENT PROJECT FUNDED BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY. (Planning/Housing, Grants, and Asset Management) Book 96 / Page XX 03-18-2014 COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY HOUSING AUTHORITY 2014 (404-1-3) CONTRACT (C2014-7) 26. Resolution No. 2014-21 (continued). RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Natividad, secon the Resolution. Carried by unanimoe. STAFF REPORTS COMMUNITY SERVICES DEPT ADMIT,:;"'�4-1-7) 27. April 26 Community Service D ;` ommunity Servic Executive Director Brad RaulstA;„ported • planne Community Service Day to be held .ril w'='014. y Sotelo-Solis, to adopt Alfredo Ybarra, Director of H undertaken by the City of San Zones by the State. Police Chief M efforts to recov MAYO City Treasur have on the bu ivities for the d Grants'•orted on current efforts being resultue elimination of Enterprise ques s . the investigation and Kimball Bowl. e details regarding the Contingency e Annual Financial Report) as well g regarding accounting procedures scussed the future impacts that retirement costs will Vice Mayor Nativid €>` =quested a copy of the press release that was issued regarding the theft of the memorial plaques and also requested that the City Council retreat that has been discussed no longer be considered. Member Sotelo-Solis encouraged efforts to have people enroll in the Affordable Care Act prior to the deadline, reported that Kaiser Medical has a program for undocumented children who need insurance coverage and that the American Diabetes Association has requested a recognition plaque from the City. Book 96/Page XX 03-18-2014 MAYOR AND CITY COUNCIL (cont.) Member Rios expressed appreciation to the City Manager for the employee recognition event that was held and reminded everyone about the Job Fair that will be held at MLK on April 2nd from 10:00 am to 1:00 pm. Mayor Morrison reported that road funding issues are on the horizon as the Federal Highway fund is depleted and updated ev ryone on efforts to force district elections in the Sweetwater Union High Scg _ District without a public vote. = F CLOSED SESSION REPORT City Attorney Claudia Silva stated there nothing sYort from the Closed Session. (See attached Exhibit 'L') ADJOURNMENT The meeting was adjourne•�;x.ef onor of - oney a senio` itizen who recently passed away. Motion by Sotelo-Solis, second Regular Meeting .l'ty Coun �FFvr Housing Author" "� "'' �' F, of Nati tsN. �. .l .o. 6:00 p.m. at 't:�-. Counchambe unanimous vote. The o adiot# s'>. he meeting to the next i D.pment Commission — d ' esdav, April 1, 2014 at California. Carried by City Clerk The foregoing ' �.r` es =' approved at the Regular Meeting of August 5, 2014. Mayor N3 EXHIBIT 1 ROLL CALL AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIQ.IAL CITY AND SUCCESSOR AGENCY T COMMUNITY DEVELOPMENT ION AS THE NATIONAL CITY REDEVE E GENCY Main Confe Civ' 1243 Natio National C }Room er ty Boulevard Iifornia Special Meeti Ax, Tuesday, M — 5:00 p.m. 1. Liabilit Cla Workers' Com Agency Claimed laim: "o ference " t% vernment Co ';-min Adler v. i go Superior 3. Confer Governor The Afforda Sacramento C 56.95 I — Exist' tgation .9(a) ity 7-2013-00077889-CU-W-CTL sel — Existing Litigation 4956.9(a) lition of San Diego County v. Sandoval, et al o. 34-2012-80001158-C U -W M-G D S SUCCESSOR AGENCY 4. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) The Affordable Housing Coalition of San Diego County v. Sandoval, et al Sacramento Court Case No. 34-2012-80001158-CU-WM-GDS ADJOURNMENT Next Regular City Council Meeting — Tuesday, March 18, 2014, 6:00 p.m., Council Chambers, Civic Center y Book XX / Page XX 04-29-2014 DRAFT DRAFT DRAFT MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY FY 2015 BUDGET WORKSHOP April 29, 2014 The Adjourned Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 5:05 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Morrison, Rios, Sotelo-Solis. Council/ Board members absent: Natividad. Administrative Officials present: Dalla, Deese, Duong, Manganiello, Parra, Raulston, Roberts, Rodriguez, Silva, Stevenson, Vergara, Williams, Ybarra. Others present: City Treasurer Mitch Beauchamp. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON FISCAL YEAR 2014-2015 BUDGET WORKSHOP 1. City Manager Leslie Deese presented opening remarks and an Overview of the FY 2015 Preliminary Budget Workshop, reviewed the planned agenda and introduced individual staff members Stacy Stevenson, Brad Raulston, Mark Roberts and Steve Manganiello who made individual presentations on the below listed topics and responded to questions. NOTE: All presentation materials are attached as Exhibit "A" 2. Fiscal Year 2015 Preliminary Budget Update a. General Fund Budget Summary b. Total Operating Budget Summary c. Significant Budgetary Impacts d. Proposed Changes & Impacts e. CDBG-Funded Program Summary f. Capital Improvement Program g. Reserves & Policies '5 Book XX / Page XX 04-29-2014 FISCAL YEAR 2014-2015 BUDGET WORKSHOP (cont.) 3. Future Impacts & Next Steps 4. Public Comment None. 5. City Council Comments and Direction Following questions and discussion the consensus was to have staff bring back at the next budget workshop for further discussion the possible supplemental funding from the General Fund of CDBG Programs as follows: Literacy Program $7,630; Trauma Intervention $8,000; Housing Inspection $62,238; Neighborhood Preservation $129,302 and Neighborhood Councils $15,000. There was no vote. The City Council took the following action regarding proposed personnel changes. Motion by Sotelo-Solis, seconded by Natividad, to support the proposed changes. Carried by unanimous vote. ADJOURNMENT Motion by Rios, seconded by Cano, to adiourn the meeting to the next Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City to be held Tuesday, May 6, 2014 at 6:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. The meeting closed at 6:54 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of August 5, 2014. Mayor \6 Book 96 / Page XX 05-20-2014 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY May 20, 2014 The Regular Meeting of the City Council Commission — Housing Authority of the City at 6:10 p.m. by Mayor / Chairman Ron Morrso ROLL CALL Council / Board members present: Ca }, orrison, Natividad, Administrative Officials present: Dalla,` .ese, ,ong, Ma Raulston, Roberts, Rodriguez n ilva, Stevet. , e ra. Community Development I City was called to order PLEDGE OF ALLEGIANCE T PUBLIC ORAL Sunshine Hort honor of her da Sotelo-Solis. iello, Parra, RON MORRISON er birthday fundraiser in to on the recent fundraiser held at Youth Center. PROCLAMA F;= � ADMI' 02-2-1) 1. Proclaim! 014 as: NATIONAL CITY MILE OF CARS DAY ACTION: ` was held over at the request of Mile of Cars. PRESENTATIONS COUNCIL MEETING PRESENTATIONS 2014 (102-10-9) 2. San Diego County Fair 2014 Presentation. (Kirby Challman) COUNCIL MEETING PRESENTATIONS 2014 (102-10-9) 3. Report to City Council — 3rd Annual "Career Pathways to Success" Job Fair. (National City Chamber of Commerce) 'h Book 96 / Page XX 05-20-2014 CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 4 (Minutes), Item Nos. 5 through 9 (Resolution Nos. 2014-60 and 2014-64), Item Nos. 10 and 11 (Warrant Registers). Motion by Sotelo-Solis, seconded by Rios, to approve the Consent Calendar. Carried by unanimous vote. APPROVAL OF MINUTES 4. APPROVAL OF THE MINUTES OF THE CITY COUNCIL AND COMMUNITY D HOUSING AUTHORITY OF THE CI 2014. (City Clerk) ACTION: Approved. See COMMUNITY DEVELOPMENT 1 (MILE OF CARS) (406-2-8) 5. Resolution No. 2014-• ! . THE CITY OF NATI LEVY AND COLLEC MAINTENANCE DISTRI 2014/15. (Pla ing) AC h • pted. COMMUNITY 1 (MILE OF CAR 6.... on COMMUN 1 (MILE OF LAR MEETING OF THE PMENT COMMISSION — IONAL CITY OF MAY 6, LAN PE MAINTENA RESOL ITY INIT ASSE ILE THE CITY -, NCIL OF PROCEEDING FOR THE ENTS FOR LANDSCAPE OIARS) FOR FISCAL YEAR E MAI `' ENANCE DISTRICT NO. ION OF THE CITY COUNCIL OF OVING THE ANNUAL REPORT DISTRICT NO. 1 (MILE OF CARS) 5. (Planning) e above. NT LANDSCAPE MAINTENANCE DISTRICT NO. -62. RESOLUTION OF THE CITY COUNCIL OF THE CITY ATIONAL CITY DECLARING ITS INTENTION TO CONDUCT A BLIC HEARING ON JUNE 3, 2014, AND TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR FISCAL YEAR 2014/15. (Planning) ACTION: Adopted. See above. Book 96/Page XX 05-20-2014 CONSENT CALENDAR (cont.) GRANT / PLANNING (206-4-24) FINANCIAL MANAGEMENT 2013-2014 (204-1-29) 8. Resolution No. 2014-63. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO ACCEPT GRANT FUNDS IN THE AMOUNT OF $45,000 AND AUTHORIZING THE ESTABLISHMENT OF : PPROPRIATIONS AND THE CORRESPONDING REVENUE BUT: FOR STAFF COSTS ASSOCIATED WITH THE EMERGING R.if. PROGRAM SCOPE OF WORK AWARDED THROUGH ;;f "}'' ` -.•CAL GOVERNMENT PARTNERSHIP PROGRAM OF IIE . AS AND ELECTRIC. (Planning) ACTION: Adopted. See BUDGET FY 2014-2015 (206-1-30) 9. Resolution No. 2014-..4. RESOL THE CITY OF NAT'; CITY PROPOSED FY14/1 COOPERATIVE CARE THE JOINT EXERCI CONSOLI "` '`°ND S OVERS F: S ES R HOSPI MER hCY ME COST TO `,GEN >'� L FUN CTIO HE CITY NCIL OF EPT AND APP =COVE THE JUNE 2015) REGIONAL 5®.UDGET PROVIDED BY GREEMENT THAT E, TRAINING, AND PROVISION OF PRE- S, AT NO ADDITIONAL W NT RE a of R 2013 — '€ 2014 (202-1-28) arrant Re:'( #4 'cj the period of 04/16/14 through 04/22/14 in the unt of $58. F-' :5.80. ``;,.,ance) ACTION: - fied.='- above. WARRANT 11. Warrant amount of $ ACTIO Y 2013 — JUNE 2014 (202-1-28) for the period of 04/23/14 through 04/29/14 in the 0.46. (Finance) atified. See above. Y USE PE ry Use P osted st Book96/PageXX 05-20-2014 PUBLIC HEARINGS PROP A TRANSNET (RTIP) ADMIN (205-5-1) 12. Public Hearing to consider the adoption of the TransNet Local Street Improvement Program of Projects for National City for Fiscal Years 2015 through 2019 consisting of the following projects: Plaza Blvd. Widening (NC01), Street Resurfacing (NC03), Traffic Signal Install/Upgrades (NC04), Highland Avenue Community Co or (NC13), 4th Street Community Corridor (NC14) and Citywide outes to School (NC15). (Engineering/Public Works) RECOMMENDATION: Hold Public He nsider the adoption of the TransNet Local Street Improvemen f' am o ojects for National City for FY 2015-2019. TESTIMONY: None. ACTION: Motion by Ri econded by Nati, to close the Public Hearing. Carried by nimou +te. NEW BUSINESS TEMPORARY USE PERMITS 13. Temporary U - Permit — Avenue o . a':'"" 2014 fr from -A V` 8p: ..,ithno RECOM -x:DATIO; Approv Permit subs ance wit TEMPO 14. Tem Car S Park on Sponsored Services) RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. Staff does not recommend the use of jumpers, petting zoo or beer garden for this event. TESTIMONY: Jacqueline Reynoso, Chamber of Commerce CEO asked for some clarification after the vote was taken. ACTION: Motion by Sotelo-Solis, seconded by Natividad, to approve staff recommendation. Carried by the following vote, to - wit: Ayes: Cano, Morrison, Natividad, Sotelo-Solis. Nays: Rios. Absent: None. Abstain: None. stival at 1816 Harding nd on June 8, 2014 ighborhood Services) Applica` n for a Temporary Use conditions of approval with no waiver by ad, seconded by Sotelo-Solis, to mendation. Carried by unanimous vote TS 20"= - (203-1-30) it — 23rd Annual Automobile Heritage Day Festival & the National City Chamber of Commerce at Kimball 14 from 8 a.m. to 4 p.m. This is a National City Co - per City Council Policy No. 804. (Neighborhood a0 NEW BUSINESS (cont.) LEAGUE OF CA CITIES ADMIN (104-2-1) 15. League of California Cities Annual Conference Delegate and Alternate(s). (City Manager) RECOMMENDATION: Staff requests Council's delegate and up to two alternates to represent during the 2014 League of California Cities An TESTIMONY: None. ACTION: No action taken. CITY MANAGER / REPORTS ADMIN (110 y Yw ) 16. City Council Appointment of Me to the Na Ad -Hoc Committee. (City Man RECOMMENDATION: Approv TESTIMONY: None. ACTION: Motio,Yrby Nativida recommendati. E xE << ding an VFW. Carried bv"''``n•us vote. NEIGHBORHOOD S FIRE DEPT AD 17. Follow - efforts s Neighborh STAFF REPORTS RVICES D -1) Eme`. s'`4`oc=}o and Code Enforcement tion of '4a; ' "ide com -rcial structure fire. (Fire / Book96/PageXX 05-20-2014 - Designation of Voting designation of a voting the City of National City I Conference. oc committee me I City War Memorial by Rios, t hip. ed representati LOPMENT COMMISSION — F THE CITY OF NATIONAL CITY NO AGENDA ITEMS NEIGHBORHOOD SERVICES DEPT ADMIN (1104-1-15) 18. Unlicensed Vendor Enforcement Update. (Neighborhood Services) 18a. Steve Manganiello, City Engineer informed the City Council that the City has been awarded a $1.9 Prop 184 Storm Water Grant. (Engineering) 18b. Update on the Joint Meeting with the National School District on June 25th. (City Manager) Book 96 / Page XX 05-20-2014 MAYOR AND CITY COUNCIL Vice Mayor Natividad said he is interested in getting an update on the City property inventory that is underway and asked staff to contact a property owner on 'R' Avenue regarding City property she has been maintaining. Member Sotelo-Solis thanked the Police and Fire for their efforts in the recent regional fire emergency, inquired about how emer• -; cy costs are determined and reported on SuHi Foundation scholarships. Member Rios advised that the problems c the casino buses on 'D' Avenue are back and provided contact info n fo to follow-up. Member Rios also asked staff to look into the -„£ round Wa }e :l!t fence for possible attention CLOSED SESSION REPORT City Attorney Claudia Silva s ted there Sessions held by the City [i and the Exhibit 'L') ADJOURNMENT Motion by Rios Regular Meetin Housing Authorit Tuesd 27 Cal Th Com June 3, gular Mee n — Housin at 6:00 p. The meeting to report fre Closed Authority. (S 'e attached to the next Ad'ourned mmunitvevelopment Commission — City — Budget Workshop to be held Council Chambers, National City City Council and Community Development the City of National City to be held Tuesday, ncil Chambers, National City, California City Clerk The foregoing minutes were approved at the Regular Meeting of August 5, 2014. Mayor as EXHIBIT `L' AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NAT AND THE COMMUNITY DEVELOPMEN HOUSING AUTHORITY OF THE CI Main Confer:;_,' oom Civi 1243 Natio National Special Meetins —Tuesday, ROLL CALL CLOSED SESSION r Boulevard alifornia L CITY ISSION — ONAL CITY 4:30 p.m. 1. Conference A• -a Designa ark onference wit cy Designate vis, Jose Te Organizati 3. Conferen Governmen Christina Nav San Diego Supe ment Code Section 54957.6 tevenson, Claudia Silva, Lauren Maxilom, " Muth usamy e Association ors — Government Code Section 54957.6 s: Stacey Stevenson, Claudia Silva, Mark Roberts, ulston olice Officers' Association unsel — Existing Litigation n 54956.9(a) of National City, et al. ourt Case No. 37-2012-00078352-CL-UD-SC 4. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Teodoro Villa/on Torres, et a/. v. Almquist, et al. San Diego Superior Court Case No. 37-2012-000763304-CU-PO-SC rd9 Agenda of a Special Meeting May 20, 2014 Page 2 COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY 5. Conference with LeQal Counsel — Existing Litigation Government Code Section 54956.9(a) Kimberly Willis v. Housing Authority of the City of National City San Diego Superior Court Case No. 37-2013-61204-CU-WM-CTL ADJOURNMENT Next Regular City Council and Community Developm ousing Authority Meeting, Tuesday, May 20, 2014, 6:00 p.m., Council Chamb is Center ay Book 96 / Page XX 06-03-2014 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY June 3, 2014 The Regular Meeting of the City Council Commission — Housing Authority of the City at 6:05 p.m. by Mayor / Chairman Ron Morris ROLL CALL Council / Board members present: Ca orris Administrative Officials present: Dalla, iert 4 ne, Parra, Raulston, Roberts, Rodriguez, Silva, Others present: Student Cou t epresenta PLEDGE OF ALLEGIANCE T Mayor Morrison a d that t Weldon Donal. r e cha Mile of Cars A 'Fk ation. or Morr to Jenifer Bali, Pr=:sr nt of s` Mile of Pa Activi Repres PRESENTATION ommunity Development City was called to order on, Nativida. , s, Sotelo-Solis. Duo � Mangan j ® Muthusamy, Williams. Gillego. R RON MORRISON urned in honor of Mr. er of National City and the esente ertificate of Adjournment Association. igh Schol Assistant Principal and Dean of d Isaac Maldonado, the new Student Council CITY COUNCIL COUNCIL MEETING PRESENTATIONS 2014 (102-10-9) 1. Life Saving Recognition — Raul Vega & Michael Perez. (Fire) COUNCIL MEETING PRESENTATIONS 2014 (102-10-9) 2. American Lung Association — Fight for Air Climb — Law Enforcement 2014 Winner. (Teresa Contreras) COUNCIL MEETING PRESENTATIONS 2014 (102-10-9) 3. SDSU Sage Project: Capstone Engineering Class Plan for Traffic on Plaza Blvd. a5 Book 96/Page XX 06-03-2014 PRESENTATIONS (cont.) COUNCIL MEETING PRESENTATIONS 2014 (102-10-9) 4. National City Sustainability Efforts. (SANDAG, SoBEAC, SDG&E and National City Chamber of Commerce) CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 7 (Resolution Nos. 2014-65 and 2014-66), Registers). Motion by Cano, seconded by N approve the remainder of the Consent Calen APPROVAL OF MINUTES 5. APPROVAL OF THE MINUTE CITY COUNCIL AND COMMU HOUSING AUTHORITY OF T FEBRUARY 18, 2014'pQl MARCH «v,yv ACTION: Appro v above. CONTRACT (C2010-2) 6. Resolution THE C EXECU GROWTH F THE Member project site a the item. Mem 14-65. IONAL T NO. PROG EET inutes), Item Nos. 6 and Nos. 8 and 9 (Warrant to • ull Item No. 7 and, to by unanimous vote. 4, THE REGULAR DEVE .•PMENt NATIO (City Clerk) TINGS OF THE MISSION - CITY OF CITY COUNCIL OF G THE MAYOR TO HE S DAG TRANSNET SMART GRANT AGREEMENT NO. 5001347 ORRIDOR SMART GROWTH END THE TERMINATION DATE 0, 2014 TO DECEMBER 31, 2014. sed that due to the proximity of her home to the 'n No. 7, she would not participate in consideration of is left the Chamber at 7:31 pm. ENCROACHMENT EEMENT ADMIN 2014 (903-14-8) 7. Resolution No. 2014-66. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN ENCROACHMENT PERMIT AND AGREEMENT WITH MARIA A. QUINONEZ FOR THE INSTALLATION AND MAINTENANCE OF A DECORATIVE BLOCK WALL WITH IRON FENCE ELEMENTS INSIDE THE PARKWAY AND ADJACENT TO THE SIDEWALK ALONG E. 5TH STREET AND HIGHLAND AVENUE AT 739 E. 5TH STREET, NATIONAL CITY, CA 91950. (Engineering/Public Works) t0 Book 96/Page XX 06-03-2014 CONSENT CALENDAR (cont.) ENCROACHMENT AGREEMENT ADMIN 2014 (903-14-8) 7. Resolution No. 2014-66 (continued). ACTION: Motion by Morrison, seconded by Cano, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Natividad, Rios. Nays: None. Abstain: Sotelo-Solis. Absent: None. Member Sotelo-Solis returned to the Chamber at WARRANT REGISTER JULY 2013 — JUN "_ 2" ` -28) Warrant Register #45 for the peri 4 04/30/1 ;28)ugh 05/06/14 in the amount of $1,073,391.55. (Fin ACTION: Ratified. See WARRANT REGISTER JULY 2013 — JU 9. Warrant Register #4•>r the period amount of $2,010,644. ACTION: Ratifie PUBLIC HEARIN COMMUNITY 1 (MILE OF CA 10. P_,.• T. Heari 14/1 ". ECOMM TESTI : ACTION: a Public NON CONSE nce) e. -1-28)_ /14 through 05/14 in the MA NANCE DISTRICT NO. ment and ordering the levy for the 1 (Mile of Cars) for Fiscal Year Public Hearing. ion b '';•telo-Solis, seconded by Natividad, to close ring. Carried by unanimous vote. ONS COMMUNITY DEV € '-MENT LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) (406-2-8) 11. Resolution No. 2014-67. RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF NATIONAL CITY CONFIRMING THE ASSESSMENT AND ORDERING THE LEVY FOR THE LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR FISCAL YEAR 2014/15. (Planning) RECOMMENDATION: Adopt the Resolution confirming the assessment and ordering the levy. al Book 96 / Page XX 06-03-2014 NON CONSENT RESOLUTIONS (cont.) COMMUNITY DEVELOPMENT LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) (406-2-8) 11. Resolution No. 2014-67 (continued). TESTIMONY: None. ACTION: Motion by Rios, seconded by Natividad, to adopt the Resolution. Carried by unanimous vote. XXXXX 12. Resolution No. 2014-68. RESOLUTI THE CITY OF NATIONAL CITY A STREET IMPROVEMENT PROG CITY FOR FISCAL YEARS 201 FOLLOWING PROJECTS: P RESURFACING (NC03), TR (NC04), HIGHLAND AVENUE STREET COMMUNE: ORRIDO ROUTES TO SCHOOL RECOMMENDATION: TESTIMONY: Non ACT, L 2tion by rried b NEW BUSINES TEM 13 empor utreach C 4e i. with no w MMENDA ubject to -TIMON nt Per THE CITY COUNCIL OF E TRANSNET LOCAL OF PR •"L TS FOR NATIONAL OUGH 2019. SISTING OF THE BLVD. WIDENIN C01), STREET SIGE;•L INS ° p UPGRADES ORRIDO C13), 4TH ) AND CI i of SAFE (Engine=c•/Public Works) solutio y Cano, to adopt the — San P ' rusade Play hosted by the Victory all Park : July 19, 2014 from 6:00 p.m. to 9:30 (Neighborhood Services) N: Aove the Application for a Temporary Use pliance with all conditions of approval. An un-named speaker appeared on behalf of the esponded to questions. AC otion otion by Natividad, seconded by Sotelo-Solis, to i.YY• approv �X> aff recommendation. Carried by unanimous vote. CONDITIONAL USE PERMITS 2014 (403-29-1) 14. Notice of Decision — Planning Commission denial of a Conditional Use Permit for a tobacco specialty shop located in South Bay Plaza at 1430 E. Plaza Blvd., Suite E7B. (Applicant: Vapure USA, Inc.) (Case File 2014-04 CUP) (Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. Book 96 / Page XX 06-03-2014 NEW BUSINESS (cont.) CONDITIONAL USE PERMITS 2014 (403-29-1) 14. Notice of Decision — Planning Commission denial of a Conditional Use Permit for a tobacco specialty shop located in South Bay Plaza at 1430 E. Plaza Blvd., Suite E7B (continued). TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to set for Public Hearing. Carried by the folio ote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. Na ' atividad. Abstain: None. Absent: None. EX-PARTE DISCLOSURE: A a a=yr� of the City Council disclosed that they were cacted by th •plicants prior to the meeting. PLANNING & BUILDING DEPT ADMI 15. National City Sustainability Effo (Planning) RECOMMENDATION: California Government sustainability improvemen TES:,-a'R € : : None. n by C and m FINANC � MANA �x � a <' — 201 16. inanc ECOMM TESTI ACTION: 1'3 . aff recom COUNCIL ME 17. Discussion ept an Y: N ion b otelo-Solis, seconded by Cano, to approve dation. Carried by unanimous vote staff to n 421 o staff. cit proposals pursuant to esign, install, and finance es. ividad, to approve staff ead. Ca d by unanimous vote 04-1-29) wsletter — Fourth Quarter 2013. Ile the Newsletter. NDAS 2004 — 2014 (102-9-15) osed agenda items for the June 25, 2014 Special Meeting of th i':tional City City Council and the National School District Governing Board. (City Manager) RECOMMENDATION: Provide direction to staff. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to accept and file. Carried by unanimous vote a c1 Book 96 / Page XX 06-03-2014 COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CONTRACT (C2014-20) HOUSING AUTHORITY 2014 (404-1-3) 18. Resolution No. 2014-24. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AUTHORIZING THE C IRMAN TO EXECUTE A SUBORDINATION AGREEMENT ALLOWIN EW MORTGAGE NOT - TO -EXCEED $165,000 TO BE AND ';r'a A LIEN PRIOR AND SUPERIOR TO A HOME PURCHA';w >x :;� ��ISTANCE LOAN ON A SINGLE -UNIT PROPERTY LOCAT n N`®NAL CITY. (Housing, Grants, & Asset Management) RECOMMENDATION: Staff re Egf `' nds the ado'1 j; of a Resolution to execute the Subordination Agrf&I-nt. TESTIMONY: None. ACTION: Motion by Rios, >�nd>=y Natividaado the Resolution. C- <•y unanim MAYOR AND CITY COUNCIL Student Represe would be held Council meetin ane Gill=` 14 an Petwater's Graduation would be at the next City Vice Ma �• ativid • • :ags�r Can '� urvivor Day. As a cancer survivor hims4,�. al yes peo • i�> : c n C� ®ive up and spoke of the Relay for Li Mem a share June 7th uld be possible to collect all presentations on e about St. Anthony's festival to be held on Member Rios ra step%'wff look into a resurgence of homeless people on the east side and inqu t the vacant position on the Oversight Board. Member Cano reported on and complimented the efforts of staff to address the homeless issues on the east side. Book 96 / Page XX 06-03-2014 MAYOR AND CITY COUNCIL (cont.) Mayor Morrison presented a check for $17,210 to the City Manager from the Regional Solid Waste Association; reported on grade separation issues before SANDAG and a potential battle to keep funds for the South Bay; encouraged efforts to have campaign signs removed in a timely manner; reported that Southern California has been designated by the Federal Government as a manufacturing hub; that Sweetwater High painting plays have been changed and expressed a desire for clarification and an accog of tickets provided to Council members in past years. CLOSED SESSION REPORT City Attorney Claudia Silva stated there 4 nothing tt ,w.ort from the Closed Session. (See attached Exhibit `L') ADJOURNMENT The meeting was adjourned t�`e:.�or of Mr. Motion by Sotelo-Solis, secon Adjourned Regular Meeting of Commission — Hoz k .E thority June 17, 2014 d>� "'� `�s at the Carried by una The me-'� close to the next ommunity Development v to be held Tuesday ational City, California. >s. The forego' Ec�inutes`e approved at the Adjourned Regular Meeting of August 5, 2014.'"$" 3\ Mayor On March 18th, the City Council voted to schedule its 2014 Summer Recess for the month of July. As a result of that action, the meeting schedule for the period June through August 2014 will be as follows: June 03 City Council Meeting June 17 City Council Meeting / Budget Hearing July 01 City Council Meeting Suspended July 15 City Council & Parking Authority Meeting. uspended August 05 Adjourned City Council Meeting (St :00pm due to National Night Out) August 19 City Council, Parking Autho ' JPFA Me EXHIBIT AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATI Main Conference Ro Civic Center 1243 National City National City ;fornia Special Meeting — Tue r > une 3, 2014 — 4:3 ROLL CALL CLOSED SESSION Conference ,F abor N= tiators Agency Design Y s e • , T ve ark •� --niza rtiAk unicina ncy Designat avis, Jose Te a Organizati 3. Liabilit Workers' Agency Claim Number of Clai ADJOURNMENT nment Code Section 54957.6 Stevenson, Claudia Silva, Lauren Maxilom, " Muthusamy Association or N '`:tors — Government Code Section 54957.6 pres "=>5, es: Stacey Stevenson, Claudia Silva, Mark Roberts, nd B : a y- ulston olice O'icers' Association ur ent Code Section 54956.95 laim City of National City Next Regular City Council Meeting, Tuesday, June 3, 2014, 6:00 p.m., Council Chambers, Civic Center 3.3 Book 96 / Page XX 06-17-2014 DRAFT DRAFT DRAFT MINUTES OF THE ADJOURNED REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY The Adjourned Regular Meeting of the Council and Community 3m Development Commission — Housing Author N ..... City of National City was called to order at 5:06 p.m. by Mayor / Cha. = '' on gison. ROLL CALL Council / Board members present: Ca Administrative Officials present: Aguirre, Muthusamy, Rauiston, Robed s, Silva, S Ybarra. Others present: City Treasur= 4i' eaucha Kane Gillego and Isaac Maldona orrison, Natividad, la, De : - Hernan mn. ' ellez, Ver , Sotelo-Solis. anganiello, Williams, nd Student Representatives PLEDGE OF AL TO LA3A►YO ` f_ ON MORRISON PUBLIC ORAL None. PROCL Proclaimin Anniversary. PRESENTATION 02-2 Mile of Cars Day in recognition of their 60th COUNCIL MEETING PRESENTATIONS 2014 (102-10-9) 1. City of National City/American Medical Response Scholarship Award. Recipients: Jesus Marquez & Juan Negrete PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) 2. Employee of the Quarter 2014 — Wade Walters, Police Corporal 3`\ Book 96 / Page XX 06-17-2014 PRESENTATIONS (cont.) COUNCIL MEETING PRESENTATIONS 2014 (102-10-9) 3. Recognition of Outgoing Student Council Representative — Kane Gillego and Introduction of Incoming Student Council Representative — Isaac Maldonado. (City Clerk) CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Ite .4 through 22 (Resolution Nos. 2014-69 through 2014-87), Item Nos. 2 arrant Registers), Item No. 25 (TUP). Motion by Natividad, second- r, y Ca }ofto approve the Consent Calendar. Carried by unanimous vote. LABOR RELATIONS EXEC / MID M 4. Resolution No. 2014-69. RES THE CITY OF NATIO,,.AL CITY FOR THE EXECUTI 2015 IN COMPLIA CALIFORNIA PUBLI (CALPERS). -luman Res AC r y Sypted. LABOR RELA 5. Resolution TY LABOR RE 6. Resolutio THE CITY FOR THE EMPLOYEES (60 ION ! THE CI a OUNCIL OF A SALAR HEDULE FOR FISCAL AR 2014- QUIREMENTS OF THE TIREMENT SYSTEM MPLOY 2., S (605-2-1) TION OF THE CITY COUNCIL OF ROVING A SALARY SCHEDULE E GROUP FOR FISCAL YEAR THE REQUIREMENTS OF THE EMPLOYEES' RETIREMENT SYSTEM an R rces) pted. '-"=e above. 2014-2015 IN COMPLIANCE WITH THE REQUIREMEISCAL NTS OFYEAR THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS). (Human Resources) ACTION: Adopted. See above. !DENTAL EMPLOYEES 2014 - 2015 (605-5-8) -71. RESOLUTION OF THE CITY COUNCIL OF ZONAL CITY APPROVING A SALARY SCHEDULE C S IDENTIAL EMPLOYEE GROUP FOR F 35 Book 96 / Page XX 06-17-2014 CONSENT CALENDAR (cont.) LABOR RELATIONS FFA MOU 2014 — 2015 (605-6-11) 7. Resolution No. 2014-72. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SALARY SCHEDULE FOR THE FIREFIGHTERS' ASSOCIATION EMPLOYEE GROUP FOR FISCAL YEAR 2014-2015 IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNI PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS). (Hu A f esources) ACTION: Adopted. See above. LABOR RELATIONS POA MOU 2014 — 2 8. Resolution No. 2014-73. RES THE CITY OF NATIONAL CI FOR THE POLICE OFFICE FOR FISCAL YEAR 2014-2 REQUIREMENTS OF. THE CA RETIREMENT SYST ACTION: Adopt LABOR RELATIONS MEA MOU 9. Resolutio r; °� 4-74. "�•OL �(: �F CITY COUNCIL OF THE CI "� ANAL '(fit � , A SALARY SCHEDULE FOR TEES' A` OCIATION EMPLOYEE GROUP -2015 IN COMPLIANCE WITH THE ORNIA PUBLIC EMPLOYEE'S Human Resources) 6-3- ON OF PROVING A SSOCIATION E IN PLIAN 'G PUBLIC LPERS).` E(k`= n Resources) bove. ITY COUNCIL OF RY SCHEDULE YEE GROUP ITH THE LOYEE'S LAB 10. R TH FOR FISCAL OF THE C (CALPERS). ELATIONS tion No. YOFN PART TEMPS / SEASONAL 2000-2014 (605-7-2) -75. 2 `rESOLUTION OF THE CITY COUNCIL OF ONAL CITY APPROVING A SALARY SCHEDULE E AND SEASONAL EMPLOYEE GROUP FOR 2015 IN COMPLIANCE WITH THE REQUIREMENT NIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM man Resources) ACTION: Adopted. See above. 36 Book96/PageXX 06-17-2014 CONSENT CALENDAR (cont.) CONTRACT (C2010-3) 11. Resolution No. 2014-76. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CLAIMS MANAGEMENT ASSOCIATES (CMA) INC., TO INCREASE : E TOTAL AGREEMENT BY A NOT TO EXCEED AMOUNT OF $5,0 R WORK RELATED TO THE CITY'S WORKERS' COMPEN . P:N PROGRAM. (Human Resources) ACTION: Adopted. See abov, CONTRACT (C2010-15) 12. Resolution No. 2014-77. RE THE CITY OF NATIONAL CI EXECUTE A FOURTH..,» MENDME CITY OFCHULAVIS E°°' A $440,630 TO PROVID RELATED ADMINISTR NATIONAL TY FOR THROUG ' YEAR (Police) A CONT 13. DTH Manag A HE CI AYOR SEQUEN AND TH TRITION t) TOT L ANI VICE COUNCIL OF AYOR TO ITH THE TO EXCEED AMOUNT OF ONTROL, SHELTER, AND THE RESIDENTS OF E (1) YEAR TERM ASE OF $103,191. N OF THE CITY COUNCIL OF AL CI ` >F-PROVING AND AUTHORIZING THE <q, E COUNTY CONTRACT 547767, AND TS, BETWEEN THE COUNTY OF SAN TY 0 ATIONAL CITY TOTALING $1,204,968 FOR NTER PROGRAM. (Housing, Grants, and Asset ted. See above. GRANT / HOUSING, ` ' - NTS & ASSET MANAGEMENT (206-4-28) 14. Resolution No. 2014-79. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR $1,000,000 AND AUTHORIZING THE MAYOR TO EXECUTE A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING, ANY AMENDMENTS THERETO, AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE CALHOME PROGRAM. (Housing, Grants, and Asset Management) ACTION: Adopted. See above. 39 Book 96 / Page XX 06-17-2014 CONSENT CALENDAR (cont.) CONTRACT (C2014-7) 15. Resolution No. 2014-80. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SUBGRANT AGREEMENT NOT TO EXCEED $200,000 TO THE COMMUNITY DEVELOPMENT AUTHORITY AND AUTHORIZING THE APPROPRIATIONS AND THE CORRESP FOR. THE REMEDIATION OF HAZA HOOVER AVENUE — WESTSID DEVELOPMENT PROJECT — Environmental Protection Agency ACTION: Adopted. See EQUIPMENT / VEHICLE PURCHASE A 16. Resolution No. 2014-? , . RESOL THE CITY OF NATI •ITY AUT PIGGYBACK THE C o, UCSO GROUNDSKEEPING, EQUIPMENT WITH TH PURCHA _e > TWO LAWN / ' SJ` a ASSO t4$ t is THE A F€ NT $41,5 CONSIST "� WIT r ECTIO CON 17. R-82 SOLUTION OF THE CITY COUNCIL OF TH `Y$ OF N�sNAL CITY, 1) AWARDING A CONTRACT IN THE NOT CEEEIF OUNT OF $171,593.00 TO ACCO ENGINEERED SYSTE O F sad E KIMBALL TOWER BOILER REPLACEMENT PROJECT, "LG FICATION NO. 13-05, 2) AUTHORIZING A 15% CONTINGEN IN THE AMOUNT OF $25,738.95 FOR ANY UNFORESEEN CHANGES, AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT. (Engineering/Public Works) ACTION: Adopted. See above. COMMISSION -HOUSING ESTABLISHMENT OF NG REVENUE BUDGET MATERIALS AT 2100 TRANSIT -ORIENTED Funded by the US 1) THE CITY NCIL OF NG THE CITY ( YER) TO FP CONTRACT #120535 FIELD MAINTENANCE AND AWARD THE NDMASTER 3280D 0 TURF STAR, INC. IN FOR E PARKS DIVISION, 60.260 OF THE NATIONAL CITY COOPERATIVE PURCHASING. 3c6 CONSENT CALENDAR (cont.) EQUIPMENT / VEHICLE PURCHASE ADMIN (209-1-1) 18. Book 96 / Page XX 06-17-2014 Resolution No. 2014-83. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS PER CHAPTER 2.60.260 OF THE MUNICIPAL CODE BY UTILIZING WESTERN STATES CONTRACTING ALLIANCE (WSCA) CONTRACT 7- 11-70-17, AND AUTHORIZING THE PURCH; E FROM AT&T INC. OF WIRELESS BROADBAND MODEMS F @ N AMOUNT NOT TO EXCEED $49,778.00 (MIS) ACTION: Adopted. See above. EQUIPMENT / VEHICLE PURCHASE 19. Resolution No. 2014-84. RE THE CITY OF NATIONAL C CHAPTER 2.60.260 OF THE WESTERN STATES 'NTRAC B27160, AND AUTH-T.bsr G TH 110 DESKTOP COMP FOR PUBLIC USE AT AMOUNT NO TO EXCE AC ;'t_:<A. •ted. CONTRACT( 20. Resolution TION OF THE CITY COUNCIL OF TY • s. k € � '�� iTV r,�.• IVING THE BID PROCESS PER 0 °'EF3,±,,. IPAL CODE, AND AUTHORIZING ECUT `' _: E FIRST AMENDMENT TO THE MAI TENANCE AGREEMENT WITH MMA ;SYSTEMS CORPORATION IN THE TOTAL MOU`: OF $221,659.00 TO SUPPORT THE LAW EN _:+}y`` TOMATED FIELD REPORTING SYSTEM (AFR). (MIS) `>Y (209-1-1) ION OF TH " COUNCIL OF WAIVING THE B;r;-OCESS PER NICIP CODE, ': UTILIZING CE (WSCA INTRACT ASE FROM DE ``' INC. OF OFT OFFICE SOFTWARE LIC LIBRARY FOR AN HE M NNUAL THROP O-EXCE EMENT A ted. See above. FINANCIAL MANAG {_P. ENT 2013 — 2014 (204-1-29) 21. Resolution No. 2014-86. RESOLUTION OF THE CITY OF NATIONAL CITY DESIGNATING THE OFFICIALS AUTHORIZED TO ORDER THE DEPOSIT AND WITHDRAWAL OF CITY MONIES WITH FINANCIAL INSTITUTIONS ON BEHALF OF THE CITY OF NATIONAL CITY. (Finance) ACTION: Adopted. See above. 3q Book 96 / Page XX 06-17-2014 CONSENT CALENDAR (cont.) FINANCIAL MANAGEMENT 2013 — 2014 (204-1-29) 22. Resolution No. 2014-87. RESOLUTION OF THE CITY OF NATIONAL CITY DESIGNATING THE OFFICIALS AUTHORIZED TO ORDER THE DEPOSIT AND WITHDRAWAL OF CITY MONIES WITH THE LOCAL AGENCY INVESTMENT FUND ("LAIF") ON BEHALF OF THE CITY OF NATIONAL CITY. (Finance) ACTION: Adopted. See above. WARRANT REGISTER JULY 2013 — JUNE yk ''°F,1-28) 23. Warrant Register #47 for the perio•o �e /14 . through 05/20/14 in the amount of $1,970,581.44. (Finan ACTION: Ratified. See WARRANT REGISTER JULY 2013 — J b �=0:2014 24. Warrant Register #48 •r the perio amount of $1,673,896`a`n: inance) ACTION: Ratifies _ .,•ove. TEMPORARY USE P 25. Tempora City of Church per Counci CTIO P PAR 26. C cons sides east side 710 "Res (Engineering/ DISTRICT ued Public establish 26th e RMITS 2 it — 20 Augu Swee 04. (Nei ove for -1) aring _>' e City Council of the City of National City to nt of Residential Permit Parking District "K" on both t between "B" Avenue and "D" Avenue, and on the block of "B" Avenue, pursuant to City Council Policy Permit Parking Program" (TSC 2013-25). lic Works) -1-28) 14 through /14 in the A'' B ess sponsored by the m to 8pm at Cornerstone oad. Th is a City -sponsored event rhood Services) See above. ACTION: Item to be taken up later in the meeting. See below. SEWER CAPACITY / FEES ADMIN (906-1-4) 27. Public Hearing to consider adoption of the report, which identifies by parcel number, each parcel of real property receiving sewer services and the amount of sewer charges for each parcel for FY 2014-15 as required by the California Health and Safety Section 5473, Et. seq., pertaining to collection of sewer charges on the tax roll. (Engineering/Public Works) ACTION: Item to be taken up later in the meeting. See below. yo Book 96 / Page XX 06-17-2014 PUBLIC HEARINGS (cont.) ABATEMENT WEED 2014 (402-3-13) 28. Public Hearing — Report and Account for Weed Abatement. (Fire) ACTION: Item to be taken up later in the meeting. See below. ORDINANCES FOR ADOPTION MUNICIPAL CODE 2014 (506-2-29) ELECTION NOV 2014 (505-24-1) 29. AN ORDINANCE OF THE CITY COU CITY ORDERING THE SUBMISSI EXISTING VOTER APPROVED SALES TAX) IN THE AMO QUALIFIED VOTERS OF TH ELECTION TO BE HELD ON NO RECOMMENDATION:troduce Or TESTIMONY: ACTION: Motio``k:'.s Ordinance. Carri MUNICIPAL CO ELECTION N 30. AN OR CITY EX 06-2-2 4-1) E CI EXIST HE CITY OF NATIONAL URE TO EXTEND AN ND USE TAX (A T (1%) TO THE L MUNICIPAL 14. (Cit `r�srney) by Cano, to adopt the NCIL 0 -`` HE CITY OF NATIONAL TRANSACTIONS AND USE TAX Rios, seconded by Cano, to adopt the unanimous vote. ABATEMENT : Fk,: (402-3-13) 31. Resolution £ 4-88. RESOLUTION OF THE CITY COUNCIL OF THE CITY • " NATIONAL CITY APPROVING THE REPORT AND ACCOUNT FOR WEED ABATEMENT. (Fire) ACTION: Item to be taken up later in the meeting. See below. `k1 Book 96 / Page XX 06-17-2014 NON CONSENT RESOLUTIONS (cont.) LABOR RELATIONS MEA MOU 2014 — 2016 (605-4-12) 32. Resolution No. 2014-89. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION. (Human Resources) RECOMMENDATION: Adopt the Resolution roving the two year labor Agreement with the National City Municipal iyees' Association. TESTIMONY: None. ACTION: Motion by Rios, seco r otelo-Solis, to adopt the Resolution. Carried by unani p LABOR RELATIONS POA MOU 201 33. Resolution No. 2014-90. RE THE CITY OF NATIONAL CITY UNDERSTANDING (M! U) BETW CITY POLICE OFFIC , SSOCIA RECOMMENDATION: Resolu Agreement with the Natio TESTI ONY: None AC r : tion by tried by FINANCIAL MA 34. on NNUAL 51,442,646 OMMEND TESTIMO TION: k,;• lution. None. on by Natividad, seconded by Cano, to adopt the rried by unanimous vote. 15 (605-3-11) TION OF THE r.ROVI THE ME AND T COUNCIL OF NDUM OF ATIONAL uman Resource proving the 18 month labor ' Association. 204-1-30) ION OF THE CITY COUNCIL OF ROVING AND ADOPTING THE T FOR FISCAL YEAR 2015 OF ay Cano, to adopt the ve and adopt the Resolution. BUDGET FY 2014 (206-1-30) 35. Resolution No. 014-92. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A BUDGET FOR FISCAL YEAR 2015. (Finance)' RECOMMENDATION: Accept staffs recommendations, adopting the City of National City Fiscal Year 2015 Proposed Budget as presented. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. Book 96 / Page XX 06-17-2014 NON CONSENT RESOLUTIONS (cont.) ELECTION NOV 2014 ADMIN (505-24-1) 36. Resolution No. 2014-93. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014, FOR THE ELECTION OF CERTAIN OFFICERS, AS REQUIRED BY THE PROVISIONS OF T_ LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERA CITIES AND FOR THE SUBMISSION TO THE QUALIFIED VO A QUESTION RELATING TO EXTENSION OF THE V. -ROVED ONE CENT TRANSACTIONS AND USE TAX • LES LY 9, E ); AND APPROVING THE FORM OF THE ORDIN �t TO BE: MITTED TO THE VOTERS. (City Clerk) RECOMMENDATION: Adopt t TESTIMONY: None. ACTION: Motio4„ by Rios, `}y •<« by Cano, 4:,-dopt the Resolution. C unanimo ELECTION NOV 2014 ADMIN 37. Resolution N 2014-94. THE CI SUPER A GEN NOVEMB D ELECTION 38. Resolutio THE CITY CANDIDATE TIONA`_C 'CvLb. E CO AL EL ITH THE dopt t CITY COUNCIL OF THE BOARD OF GO TO CONSOLIDATE ON TO HELD ON TUESDAY, ATEWIDE GENERAL ELECTION TO RSUANT TO SECTION 10403 OF solution. Natividad, seconded by Rios, to adopt the unanimous vote. N (505-24-1) -95. RESOLUTION OF THE CITY COUNCIL OF ATIONAL CITY ADOPTING REGULATIONS FOR R ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS OF QUALIFICATIONS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014. (City Clerk) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. Lk 3 Book96/PageXX 06-17-2014 NON CONSENT RESOLUTIONS (cont.) ELECTION NOV 2014 ADMIN (505-24-1) 39. Resolution No. 2014-96. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF WRITTEN ARGUMENTS RELATING TO A MEASURE TO APPROVE AN ORDINANCE EXTENDING A VOTER -APPROVED ONE CENT TRANSACTIONS AND USE TAX (A SALES T), AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IAL ANALYSIS. (City Attorney) RECOMMENDATION: Adopt the Reso TESTIMONY: None. ACTION: Motion by Rio conded :`r ano, to adopt the Resolution. Carried by ^r ous vote. SEWER CAPACITY / FEES ADMIN (90 40. Resolution No. 2014 RESOL THE CITY OF NATI �'<:-rn, ITY ADO BY CALIFORNIA HE SEQ., PERTAINING T CHARGES 0 THE REP DIRECT: SEWER AUDITOR. CTIO C THE TAX TH TH ENGI HARG /Public TH TH s) ter in the meeting. See below. 41 T'esolutionR, 01 ``,r RESOLUTION OF THE CITY COUNCIL OF L CITY AUTHORIZING THE CITY TO WE x CONTRA COSTA UNIFIED SCHOOL CONTRACT #1112-03 VEHICLE FLEET ERVICES WITH ENTERPRISE FLEET , CONSISTENT WITH SECTION 2.60.260 OF THE MUNICIPAL CODE REGARDING COOPERATIVE AND AUTHORIZING THE MAYOR TO EXECUTE THE FOLLOWING AGREEMENTS AND CORRESPONDING DOCUMENTS TO ESTABLISH A VEHICLE LEASING, 'MAINTENANCE AND MANAGEMENT PROGRAM FOR NATIONAL CITY'S LIGHT AND MEDIUM DUTY VEHICLE FLEET, ESTIMATED AT 74 VEHICLES OVER A 10-YEAR PERIOD: 1) MASTER EQUITY LEASE AGREEMENT WITH ENTERPRISE FM TRUST, INCLUDING CORRESPONDING AMENDMENT, INDEMNITY AGREEMENT, SELF-INSURANCE ADDENDUM AND OFFICER CERTIFICATE, 2) A MAINTENANCE AGREEMENT WITH ENTERPRISE FLEET MANAGEMENT, INC., INCLUDING CORRESPONDING AMENDMENT, AND 3) A SERVICE P DIS MANA MANAG NATIONAL PURCHASIN HE CITY : NCIL OF THE REPORT EQUIRED ODE SECTION 5473, ET OF SEWER SERVICE CITY CLERK TO FILE TY AUDITOR, AND ERTIFICATION OF THE SAN DIEGO COUNTY `�y Book 961 Page XX 06-17-2014 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2014-23) 41. Resolution No. 2014-98 (continued). AGREEMENT REFERENCING THE PIGGYBACK CONTRACT AND ESTABLISHING NOT TO EXCEED AMOUNTS OF $1,500,000 AND $163,000 FOR THE LEASE AND MAINTENANCE AGREEMENTS, RESPECTIVELY. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolutio TESTIMONY: None. ACTION: Motion by Natividad, 4�%® Eri. by Cano, to adopt the Resolution. Carried by unani CONTRACT (C2014-24) 42. Resolution No. 2014-99. RE TION OF THE COUNCIL OF THE CITY OF NATIONAL CITY HORI rs G THE A OPRIATION AND REVENUE INCASE OF m ! 'v ND AUTH ING THE MAYOR TO EXECU rcy URCHASSALE AGREE NT WITH STEPHEN RANDOL' y�- � STON, V L WILLIAM RALPH AND MICHELLE LEANN H. LPH q THE PURCHASE OF PROPERTY �•CATED �` Viz, 26 '� NTH ;eET FOR THE TOTAL PURCHA <t < OF $ 000 F := a -IE `�`t OCATION OF THE NATIO f�r IE: LIC )� _;°i`� C FROM 2100 HOOVER AVENU #'xE: THE nF€NAL C ±`1� ALLOWING FOR THE DEVELOP ' . T OF_" '! 1 AFrn . BLE RENTAL HOUSING UNITS AS A r 4 -�E F::a wF o- . DE IN -FILL TRANSIT ORIENTED Grants, & Asset Mgmt.) t`-<:N;_ solution. Rios, seconded by Cano, to adopt the unanimous vote. CONTRACT 43. Resolutio-100. RESOLUTION OF THE CITY COUNCIL OF THE CITY ONAL ONAL CITY WAIVING THE FORMAL BID PROCESS CONSISTEN „s. ITH SECTION 2.60.110(B) OF THE NATIONAL CITY MUNICIPAL CODE BASED ON THE DETERMINATION THAT CIRCUMSTANCES ARE SUCH THAT NO OBVIOUS, ASCERTAINABLE ADVANTAGE TO THE CITY COULD RESULT, AND SUBSEQUENTLY, AUTHORIZING THE MAYOR TO EXECUTE THE SHORT FORM SERVICES AGREEMENT WITH WAVETEC CONSTRUCTION FOR THE COMPLETION OF IMPROVEMENTS ON THE REAL PROPERTY LOCATED AT 726 W. 19TH STREET FOR A TOTAL COST OF $275,000.00 TO ALLOW FOR THE RELOCATION OF NATIONAL CITY PUBLIC WORKS FACILITIES FROM 2100 HOOVER AVENUE, THE FUTURE SITE OF A 201-UNIT AFFORDABLE HOUSING PROJECT ut Book 96 / Page XX 06-17-2014 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2014-25) 43. Resolution No. 2014-100 (continued). COMMONLY REFERRED TO AS THE WESTSIDE IN -FILL TRANSIT ORIENTED DEVELOPMENT PROJECT, AND AUTHORIZING THE APPROPRIATION AND CORRESPONDING REVENUE INCREASE OF $275,000.00 TO COVER THE COST . OF IMPROVEMENTS. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolu TESTIMONY: None. ACTION: Motion by Nativid ryF ` r`-con• =` ' .y Cano, to adopt the Resolution. Carried by rflowing v:to-wit: Ayes: Cano, Morrison, Natividad, Ri6. ays: Sotelo- A: Abstain: None. Absent: None. NEW BUSINESS CONDITIONAL USE PERMI 44. Notice of Decision — Pia Permit for a W' eless Com (Applicant.. Weizma (Planni w• RECOM Commissio ESTI Staff c ends th tion. 03-29-1 e a fission cility =' ty) oval of a Conditional Use 20 East 4th Street "A". se File 2014-01 CUP) with the -decision of the Planning e Notice of Decision be filed. s, seconded by Cano, to approve d by unanimous vote CON �ry �: 4 (403-29-1) 45. �:,.., Commission approval of a Conditional Use nd Zone Variance for Tess than required parking for x located at 2525 Highland Avenue. (Applicant: s) (Case File 2014-05 CUP, Z) (Planning) N: Staff concurs with the decision of the Planning recommends that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Cano, seconded by Natividad, to approve staff recommendation. Carried by unanimous vote Per an ap Nationwi RECOMM Commission a * NAL USE of Decisio odificatio nt co t. MIT ,k Plann "l6 Book 96 / Page XX 06-17-2014 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2014 (203-1-30) 46. Temporary Use Permit — Halloween retail tent store hosted by Halloween Tyme LLC at Westfield Plaza Bonita Mall from August 20, 2014 thru November 10, 2014 with no waiver of fees. (Neighborhood Services) RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all condition •f approval with no waiver of fees. TESTIMONY: None. ACTION: Motion by Natividad, recommendation. Carried by POLICE DEPT ADMIN (302-4-1) 47. National City City Council and to the Chief Presiding Judge reg instituting a senior volu R eer progra N},F RECOMMENDATION` •ve respo TESTIMONY: N ACTION: Motion approv- staff recom STATEMENT _ 0 c; r4 INTE 48. Directive "' City E ncil (Co City's Con'Y Inte t Code a d, LEAGUE OF 49. League Delegate an RECOMMEN y Cano, to approve staff onal City Police D g Graff; Jury Rec ment response endation for rand Jury Repo ed by Sotelo-Solis, to nanimous vote. 3-10-1) viewing ":dy) for staff to review the turn with the completed code review, o October 1, 2014, per Government irect s proceed and file. otion' i> Rios, seconded by Cano, to approve staff ion. "" ied by unanimous vote. MIN (104-2-1) Cities Annual Conference — Designation of Voting dates. (City Manager) ION: Staff requests Council's designation of a voting delegate and up to two alternated to represent the City of National City during the 2014 League of California Cities Annual Conference. TESTIMONY: None. ACTION: Motion by Cano, seconded by Rios, to designate Mayor Morrison as the voting delegate, and Vice Mayor Natividad as the alternate. Carried by unanimous vote. Lk 1 Book 96/Page XX 06-17-2014 COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY HOUSING AUTHORITY 2014 (404-1-3) 50. Resolution No. 2014-25. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ADOPTING THE MORGAN TOWER AND KIMBALL TOWER BUDGETS FOR FISCAL YEAR 201 015. (Housing, Grants, and Asset Management) RECOMMENDATION: Approve the Reso TESTIMONY: None. ACTION: Motion by Sotelo-SA i"`"eco by Cano, to adopt the Resolution. Carried by un s vote. CONTRACT (C2014-7) HOUSING AUTHORITY 2014 (404-1-3) 51. Resolution No. 201 ; 6. RES DEVELOPMENT CO ON OF NATIONAL CITY `'4ak_ IN CHAIRMAN TO EXEC EXCEED $2�! 000 FR AUTHOR! -€' E EST THECeM>3''Pa v G RE OF H'=�FDOUS `- ATERI WESTSID .ILL?« NSIT-O OF THE MUNITY AUTHORITY Ouy THE CITY A "}` NT, AUTHORIZING THE BGRAfi:_ ' GREEMENT NOT TO TIONAL CITY, AND ROPRIATIONS AND OR THE REMEDIATION AT 210b" HOOVER AVENUE - NTED DEVELOPMENT PROJECT — nvironmental Protection Agency) Natividad, seconded by Rios, to adopt the unanimous vote. ENGINEERING D `""y - ' NTS / REPORTS ADMIN (1104-1-1) 52. Senior Bus Up =te. (Engineering/Public Works) ACTION: No vote was taken. A recess was called at 5:57 p.m. The meeting reconvened at 6:08 p.m. ROLL CALL Council / Board members present: Cano, Morrison, Natividad, Rios, Sotelo-Solis. y� Book 96 / Page XX 06-17-2014 Items Nos. 26 through 28, 31 and 40 were taken up next. PUBLIC HEARINGS PARKING DISTRICT ADMIN (801-1-1) 26. Continued Public Hearing of the City Council of the City of National City to consider establishment of Residential Permit Parking District "K" on both sides of E. 26th Street between "B" Avenue .,. "D" Avenue, and on the east side of the 2500 block of "B" Avenue, , nt to City Council Policy 710 "Residential Permit Parking r�«:ram" (TSC 2013-25). (Engineering/Public Works) RECOMMENDATION: Consider a a``hme.f Residential Parking District "K." 3s: TESTIMONY: Maria .z;``®n and Alma h" andez spoke in support of the Parking D Maria Castaneda and Mart brerae.ke in opon. ACTION: Motio.•y Sotelo- ={ir f } •ed by Can: ' -, close the Public Hearing. hc -d by una '° r 3'" vote. Motion by So secon f by Rios, to deny the establishment of ; si: '•. Parki Fc 'strict "K." Carried by unanimous vote. SEWER CAP 27. Public parcel num unt ollection ECOMME TESTI ACTION: blic Hea es on No on b "'ram otelo-Solis, seconded by Rios, to close the Carried by unanimous vote. n of the =port, which identifies by roperty receiving sewer services and parcel for FY 2014-15 as required ction 5473, Et. seq., pertaining to x roll. (Engineering/Public Works) Id the Public Hearing. ABATEMENT ,, ='r:E'(402-3-13) 28. Public Hear port and Account for Weed Abatement. (Fire) RECOMMEN •'°` ION: Hold the Public Hearing. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to close the Public Hearing,. Carried by unanimous vote. Book96/PageXX 06-17-2014 Item Nos. 31 and 40 were taken up next. NON CONSENT RESOLUTIONS ABATEMENT WEED 2014 (402-3-13) 31. Resolution No. 2014-88. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE REPORT AND ACCOUNT FOR WEED ABATEMENT. (Fire) RECOMMENDATION: Approve the Resolut TESTIMONY: None. ACTION: Motion by Natividad .;=+':vd by Rios, to adopt the Resolution. Carried by unani£•` ote. SEWER CAPACITY / FEES ADMIN ('„ E a -4) 40. Resolution No. 2014-97. RE UTION OF THE r'_.. COUNCIL OF THE CITY OF NATIONAL CITY PTIN HE REP', REQUIRED BY CALIFORNIA HE v TH AND DE SECT (y. ; 5473, ET SEQ., PERTAINING >._ v HE COL sN OF SEWE SERVICE CHARGES ON THE T THE REPORT WITH DIRECTING T SEWER AUDIT RECOM TES CTIO M City Tre careful on Vice Mayor Nat fire fighters were hard work and effort DIREC;,:. THE CITY CLERK TO FILE rE, DIEGO s UNTY AUDITOR, AND RTIFICATION OF THE DIEGO COUNTY onded by Natividad, to adopt the s vote. urge he Mayor and Council to beware and be e to continuing uncertainty. e attended the Battle of the Badges event and two Mr. Natividad said the public doesn't know how much staff goes into the budget preparation. Member Sotelo-Solis thanked everyone that attended the festival at St. Anthony's, reminded everyone about the Neighborhood Council breakfast on Saturday and wished everyone a happy summer. Member Rio s commented on the 60th Anniversary of the Mile of Cars, reminded everyone about the Tiny Tots Graduation and the July 4th Carnival and requested information on available options to address the temporary vacancy on the Planning Commission. Book 96 / Page XX 06-17-2014 MAYOR AND CITY COUNCIL (cont.) Member Cano said he attended an event at Olivewood Gardens and met his super hero, Sam the Cookie Man. Mayor Morrison spoke about the July 4th Carnival, St Anthony's Festival and reported on the status of the Federal Highway Trust Fund and efforts to develop new funding mechanisms. Mayor Morrison state hat the vacancy on the Oversight Board will be filled by Supervisor Greg C CLOSED SESSION REPORT City Attorney Claudia Silva stated that t authorized action in one matter during parties would be disclosed upon req upon the parry's involved. (See attac ADJOURNMENT Motion by Sotelo-Solis, seco Ad'ourned Re. ular Meetin • o Commission — Housin School District to School District The y Cotil by a vote of 5 to 0 osed Ses The names of the a later date a r ervice of process xhibit 'L') ano, ouncil urn the meetin• to the next .m. at the National California. he City Council and Community ty of the City of National City to be t the Council Chambers, National City Clerk The foregoing minutes were approved at the Regular Meeting of August 5, 2014. Mayor 51 EXHIBIT 'L' AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NAT .a xL CITY Main Conference R Civic Cente 1243 National Cit National Cit ;;;Z;ifornia Special Meeting — Tues ; k " une 17, 2014 — 4:30 ROLL CALL OPEN SESSION 1. Real Property Transaction — Gov 726 West 19th K; a ional City APN: 559-09 Agency Ne Negotiating Under Negotia CLOS 1. 72 APN: Agency Negotiating Under Negoti ropertv Trans t 19th Street, t95-09-00 iator: es: Ewe• alph; Stephen Johnston; 726 MS LLC Payment CIL ent Code Section 54956.8 ad Raulston aul and Michelle Ralph; Stephen Johnston; 726 MS LLC rice and Terms of Payment 2. Conference with Le"' ' Counsel — Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) and (e)(3) One Claim/Potential Case 3. Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9(a) and 54956.9(d)(4) One Potential Case ADJOURNMENT Next Adjourned Regular City Council Meeting — Tuesday, June 17, 2014, 5:00 p.m., Council Chambers, Civic Center sa CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 5, 2014 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) PREPARED BY: Michael R. Della PHONE: 019-336-4226 DEPARTMENT: City Clerk APPROVED BY: .4 EXPLANATION: This Resolution approves the introduction and adoption of Ordinances by the reading of their title only and dispenses with reading them in their entirety. FINANCIAL STATEMENT: ACCOUNT NO. I ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: j Proposed Resolution RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City waives further reading of the text of the ordinances considered at this meeting, and ordinances shall be introduced and/or adopted after a reading of the title only. PASSED and ADOPTED this 5th day of August, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Daila, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." Recycled Paper CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 5, 2014 AGENDA ITEM NO. 6 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Third Amendment to the Agreement with Safdie Rabines Architects Inc. to increase the not -to -exceed amount of the Agreement by $270,000 for architectural and construction support services for the National City Aquatic Center Project (funded by San Diego Unified Port District CIP) PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds available in account #001-409-500-598-3816 (SDUPD CIP) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Third Amendment to Agreement w/ attachments 3. Resolution Explanation: On September 6, 2011 per City Council Resolution No. 2011-213, the City of National City entered into an agreement with Safdie Rabines Architects to provide architectural services to design the National City Aquatic Center in the not to exceed amount of $291,777. On March 20, 2012, per City Council Resolution No. 2012-64, a First Amendment to the Agreement was executed to increase the amount of the Agreement by $61,653, for a total Agreement amount of $353,630. The First Amendment also amended the scope of services to include a redesign of certain elements, additional geotechnical work and creation of an Operating and Maintenance document required by the Port of San Diego. On November 19, 2013, per City Council Resolution No. 2013-171, a Second Amendment to the Agreement was executed to increase the amount of the Agreement by $150,000, for a total Agreement amount of $503,630, and extend the term of the agreement to December 31, 2014. Staff is requesting a Third Amendment to the Agreement to increase the amount of the Agreement by $270,000, for a total Agreement amount of $773,630, to provide construction support services through project completion, including review of contractor submittals, preparation of responses to Requests for Information (RFIs), site visits, weekly construction meetings, general project coordination, and preparation of record drawings, consistent with Exhibit A-3 to this Amendment. Architectural and construction support services for a project of this size and scope typically range between 25% and 30% of construction costs. Based on a construction contract of just over $3.5 million for the National City Aquatic Center project, Safdie Rabines Architects' costs, including this Third Amendment to the Agreement, would be approximately 22% of the construction contract. and THIRD AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SAFDIE RABINES ARCHITECTS This Third Amendment to the Agreement is entered into this 5th day of August 2014 by and between the City of National City, a municipal corporation ("CITY"), and Safdie Rabines Architects, (the "CONSULTANT"). RECITALS WHEREAS, the CITY and the CONSULTANT entered into an agreement on September 6, 2011, ("the Agreement") through the adoption of City of National City Council Resolution No. 2011-213, wherein the CONSULTANT agreed to provide architectural services for the National City Aquatic Center. WHEREAS, the original Agreement had a not to exceed amount of $291,777; WHEREAS, on March 20, 2012, the City Council adopted Resolution No. 2012-64 approving the First Amendment to the Agreement increasing the not -to - exceed amount by $61,853, for a total Agreement amount of $353,630, and amending the scope of services to include a redesign of certain elements, additional geotechnical work, and creation of the Operating and Maintenance document required by the Port of San Diego; and WHEREAS, on November 19, 2013, the City Council adopted Resolution No. 2013-171 approving the Second Amendment to the Agreement increasing the not -to - exceed amount by $150,000 for a total Agreement amount of $503,630, and extending the term of the agreement to December 31, 2014; and WHEREAS, the parties desire to increase the not -to -exceed amount by $270,000, for a total Agreement amount of $773,630, to provide construction support services through project completion, including review of contractor submittals, preparation of responses to Requests for Information (RFIs), site visits, weekly construction meetings, general project coordination, and preparation of record drawings, consistent with Exhibit A-3 to this Amendment. AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement entered into on September 6, 2011 as follows: 1. Increase the not -to -exceed amount by $270,000, for a total Agreement amount of $773,630. -1- 2. The parties further agree that each and every term and provision of the Agreement dated September 6, 2011, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY SAFDIE RABINES ARCHITECTS (Signatures of two corporate officers required) By: By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney By: abines, President Taal Saf'4Secretary and CFO -2- EXHIBIT A-3 NATIONAL CITY AQUATIC CENTER Services through December 31, 2014 Service BSE Engineering - MEP CValdo Corporation - Civil Oriel - Structural GSSI - Structural Orion - Structural PlanNet - Security Marcie ' Harris Safdie Rabines Architects Total Fees Review contractor submittals, prepare responses to Requests for Information (RFIs), site visits, weekly construction meetings, general project coordination 14 h x $145 = $2,030 10 h x $125 = $1,250 $138,370 100 h x $96 = $9,600 20 h x $130 = $2,600 20 h x $130 = $2,600 9 h x $80 = $720 567 h x $210 = $119,070 $11,630 $0 $2,600 $2,600 $500 $0 $1,970 $119,070 Prepare record drawings 2hx$145 = $290 2hx$185 = $370 $21,384 4 h x $96 = $384 6 h x $150 = $900 2 h x $125 = $250 40 h x $210 = $8,400 16hx$80 = $1,280 12hx$200= $2,400 10hx$130 = $1,300 10hx$130 = $1,300 6hx$95 = $570 10hx$80 = $800 20hx$157 = $3,140 $1,954 $2,400 $1,300 $1,300 $1,840 $0 $1,050 $11,540 Reimbursable expenses $200 $0 $100 $0 $0 $0 $100 $2,000 $2,400 Subtotal for ongoing construction support services through December31, 2014 $162,154 Contract change orders (July 1, 2013 through June 30, 2014) $107,846 Total Additional Fees 270OO' RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO THE AGREEMENT WITH SAFDIE RABINES ARCHITECTS INC., TO INCREASE THE NOT -TO -EXCEED AMOUNT OF THE AGREEMENT BY $270,000 FOR ARCHITECTURAL AND CONSTRUCTION SUPPORT SERVICES FOR THE NATIONAL CITY AQUATIC CENTER PROJECT WHEREAS, on September 6, 2011, the City Council adopted Resolution No. 2011-213, entering into an Agreement with Safdie Rabines Architects to provide architectural services to design the National City Aquatic Center (the "Project") in the not to exceed amount of $291,777; and WHEREAS, on March 20, 2012, a First Amendment to the Agreement was entered into through the adoption of City Council Resolution No. 2012-64, to increase the amount of the Agreement by $61,653, for a total Agreement amount of $353,630 and to amend the scope of services to include a redesign of certain elements, additional geotechnical work, and the creation of an Operating and Maintenance document required by the Port of San Diego; and WHEREAS, on November 19, 2013, a Second Amendment to the Agreement was entered into through the adoption of City Council Resolution No. 2013-171 to increase the not to exceed amount of by $150,000 for a total not to exceed amount of $503,630, and to extend the term of the Agreement from June 30, 3013 to December 31, 2014; and WHEREAS, to ensure timely completion of the Project through construction, a Third Amendment to the Agreement is necessary to increase the not to exceed amount of by $270,000 for a total not to exceed amount of $773,630. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Third Amendment to the Agreement with Safdie Rabines Architects to increase the not to exceed amount of by $270,000 for a total not to exceed amount of $773,630. The Third Amendment is on file in the Office of the City Clerk. PASSED and ADOPTED this 5th day of August, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 5, 2014 "'ITEM TITLE: AGENDA ITEM NO. 7 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Southern California Soil & Testing, Inc. (SCS&T) for a not -to -exceed amount of $300,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, geotechnical, soils and materials testing PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: C Finance ACCOUNT NO. APPROVED: MIS Funded through various CIPs, on an as -needed basis ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution Explanation: The City's current 5-Year CIP is projected to deliver over $60 million in major public improvements. Approximately $25 million, or 40% of the CIP budget, is funded through active Federal, State and Regional "competitive" grants. Projects include corridor enhancements for traffic calming, pedestrian and bicycle safety, and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low -Impact Development (LID) measures for treatment of urban runoff; Americans with Disabilities Act (ADA) enhancements; park amenities; mechanical, electrical and heating, ventilation, and air conditioning (HVAC) upgrades to City -owned buildings; and affordable housing projects including infill transit -oriented development. In order to design, manage and deliver these projects on schedule and within budget, the Department of Engineering & Public Works advertised a Request for Qualifications (RFQ) for various engineering and construction support services on January 27, 2014. Additional services requested via the RFQ include plan and map reviews, preparation of plat & legal descriptions, sewer system management and financial administration, and environmental compliance involving storm water, wastewater, and hazardous materials (HAZMAT). The RFQ was advertised on the City's Website, published in the Daily Transcript, and e-mailed to over 150 professional consultant firms. The Department received approximately 70 Statement of Qualifications (SOQs) from various firms, including Disadvantaged, Small and/or Minority Business Enterprises, by the February 24, 2014 deadline. Staff from the Department of Engineering & Public Works selected several firms based on qualifications for interviews. Based on the strength of their SOQ and interview, staff recommends executing an agreement with Southern California Soil & Testing, Inc. (SCS&T), for a not -to -exceed amount of $300,000, to provide on -call project support services for National City's CIP projects, including, but not limited to, geotechnical, soils and materials testing. See Exhibit "A" for general scope of work and Exhibit "B" for fee schedule. SCS&T is certified as both a Small Business Enterprise (SBE) and Disabled Veteran Business Enterprise (DVBE). A copy of the SOQ submitted by SCS&T is available for review in the Office of the City Engineer. AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SOUTHERN CALIFORNIA SOIL & TESTING, INC. THIS AGREEMENT is entered into this 5th day of August, 2014, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Southern California Soil & Testing, Inc., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP). WHEREAS, the CITY has determined that the CONSULTANT is a geotechnical, soils and materials testing firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. $COPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, geotechnical, soils and materials testing. The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables and "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time and materials basis, consistent with the detailed scope of work and within the limits of the "not -to - exceed" cost estimate. 1 Southern California Soil &. Testing On -Call Agreement, August 2014 -1- The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the Project Coordinator. The CONSULTANT shall appear at meetings as required by the Project Coordinator to keep staff and City Council advised of the progress on projects. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Public Works/City Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Garrett Fountain, P.E., thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and materials, consistent with Exhibit "B". The total cost for services described in Exhibit "A" shall not exceed $300,000 (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with the general scope of services in Exhibit "A", and the detailed scope of work and schedule of deliverables provided for individual task orders, as determined by the Project Coordinator. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK, The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. 2 Southern California Soil & Testing On -Call Agreement, August 2014 -2- The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. F,FFECTiVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on August 5, 2014. The duration of this Agreement is for the period of August 5, 2014 through August 4, 2016. With mutual agreement of the parties, this Agreement may be extended for an additional period of up to one year, through August 4, 2017. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT' shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. TNDF.PENTlENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement 3 Southern Califomia Soil & Testing On -Call Agreement, August 2014 -1- nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES. PERMITS. ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. ,STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all 4 -4- Southern California Soil & Testing On -Call Agreement, August 2014 products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. )s1ON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. • 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. The CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. JNDFMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable 5 Southern California Soil & Testing On -Call Agreement, August 2014 -5- attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligent performance of this Agreement. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following checked insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. 6 Southern California Soil & Testing On -Call Agreement, August 2014 -6- E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the C1TY'S Risk Manager. In the event coverage is provided by non - admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. J,EGAT, FIEFS, If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attomey's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. jVIEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the 7 Southern Califomia Soil & Testing On -Call Agreement, August 2014 -7- parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: 8 Southern California Soil & Testing On -Call Agreement, August 2014 -8- To CITY: Stephen Manganiello Director of Public Works/City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Garrett Fountain, P.E. Principal Geotechnical Engineer Southern Califomia Soil & Testing, Inc. 6280 Riverdale Street San Diego, CA 92120 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 9 Southern California Soil & Testing On -Call Agreement, August 2014 -9- 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MVIISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the 10 Southern California Soil & Testing On -Call Agreement, August 2014 -10- opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY SOUTHERN CALIFORNIA SOIL & TESTING, INC. By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney By: geeVA-e& Neal W. C1e}pents, C.E.O. By. Garrountain, Principal Engineer 1 I Southern California Sail & Testing On -Call Agreement, August 2014 EXHIBIT "A" 1. COVER LETTER SOUTHERN CALIFORNIA SOIL &TESTING, INC. A California Certified Small Business Enterprise (SBE) February 23, 2014 Mr. Stephen Manganiello Director of Public Works/City Engineer City of National City Department of Engineering & Public Works 1243 National City Boulevard National City, CA 91950 San Diego 619.280.4321 Indio 760.776.5983 Riverside 961.966.8711 , Toll Free c' 877.216.4321 6280 Riverdale Street San Diego, CA 82120 83-740 Citrus Avenue Suite O Indio; CA 922013438 1130 Palmyrita Avenue Suite 330-A "Riverside, CA 92607 www.scstcom SCS&T No.14-0089 Re: Request for Qualifications (RFQ) On -Call Project Support Services for National City's Capital Improvement Program (CIP) - Geotechnical (Soils & Materials Testing) Discipline Dear Mr. Manganiello: Southern California Soil & Testing, Inc. (SCS&T) respectfully submits the following qualifications package for an opportunity to provide geotechnical, soils and materials testing services to the City of National City. SCS&T is an established locally owned and operated firm that has 55 years of experience providing geotechnical engineering and materials testing and special inspection services. The firm has been in continuous practice since 1959, which is a statement that cannot be made by any other local competitor. SCS&T has an in-house full service laboratory that is certified by the various regulatory agencies that mandate our services. These agencies include AASHTO, ASTM, CCRL, Caltrans, DSA, City of San Diego, and the US Army Corps of Engineers. We are a Small Business Enterprise (SBE) and Disabled Veteran Business Enterprise (DVBE) certified by the State of California. Our engineers, technicians and inspectors are familiar with local conditions and agencies and are knowledgeable regarding State, Federal, Regional and local regulations. Within our 55 year history, SCS&T has worked with numerous public agencies and has held on -call contracts with a variety of school districts, water districts, and public agencies. SCS&T currently provides on -call services to the City of Del Mar, City of Palm Springs, County of San Diego, Imperial Irrigation District, Otay Water District, San Diego Unified School District, Southwestern College, and the State of California Department of Corrections. 1 believe the following submittal package highlights SCS&T's experience and ability to provide the City of National City with unparalleled services related to geotechnical engineering and soils and materials testing. will be the primary point of contact during the proposal process, and should SCS&T be awarded the City's contract, I will serve as SCS&T's Principal Geotechnical Engineer. I am available to answer any questions or provide additional information, if needed. I can be reached anytime at (619) 944-4012. Your time and consideration on our behalf is greatly appreciated. Sincerely, SOUTHERN CALIFORNIA SOIL & TESTING, INC. �T -/Garrett Fountain, PE, GE Principal Geotechnical Engineer -12- EXHIBIT "B" C SOUTHERN CALIFORNIA SOIL & TESTING, INC.. SBE j SLBE DVBE SDVOSB Prevailing Wage Schedule of Fees for Professional Services Effective January 1, 2014 San Diego 619.230.4321 Indio 760.775.5983 Beaumont 910.381.7188 Toll Free 877.215.4321 6280 Riverdale Street San Diego, CA 92120 83-740 Citrus Avenue, Suite G Indio, CA 92201.3438 514 N. California Avenue, Suite 5 Beaumont. CA92223 Www.scst.com PROFESSIONAL SERVICES Engineer/Geologist Principal Engineer/Geologist $174 Senior Engineer/Geologist 146 Staff Engineer/Geologist 121 Concrete Mix Design Review 174 Deposition and Trial Testimony (4-Hour Minimum, with any time over 4 hours billed as 8 hours) 365 Technician Soils/Materials/QA-QC Supervisor Soils Technician Materials Technician (ACI) QA/QC Technician (Third Party) Floor Flatness (Dip Stick) Technician Coring - Asphalt, Concrete, Masonry and Gunite Certified Deputy Inspection Certified Materials Special Inspector $92 Certified Building Inspector 92 NDT Technician (UT, MT, DT, VT) 92 Batch Plant Inspector 77 OSPHD Inspector A, B 112 OSPHD Inspector C 110 AWS Certified Welding Inspector (Field Welding, Shop Welding, High -Strength Bolting) 99 Miscellaneous Overtime and Saturday Rate Sunday and Nationally Recognized Holiday Rate (including the day after Thanksgiving) Minimum Professional Fee Minimum Field Services Fee Rush Surcharge $120 92 92 92 208 182 1.5 x Regular Hourly Rate 2 x Regular Hourly Rate $520/Project $415/Project normal rate plus 50% TRAVEL Personnel Regular Hourly Rate Per Diem (variable, depending on location) $90-170/day Sample Pick up (San Diego, Riverside and San Bernardino Counties) $66 EQUIPMENT AND MATERIALS Nuclear Gauge Included in Technician Rate Outside Services/Equipment/Materials Cost + 20% Generator Pachometer Concrete Vapor Emission Kits (ASTM F 1869) $52/day $11/hour $36/kit -13- LABORATORY TESTS Soil and Aggregate Maximum Density, 4-inch mold (ASTM D1557) $200 Maximum Density, 6-inch mold (ASTM D1557) 220 Rock Correction for Maximum Densities 26 Plasticity Index (ASTM D4318) 127 Hydrometer Analysis (ASTM D422) 110 Resistance Value, R-Value (Cal 301, ASTM D2844) 276 California Bearing Ratio includes Max Density C (ASTM D1883)618 Sand Equivalent (Cal217, ASTM D2419) 88 Corrosivity (inc. pH, resistivity, soluble chlorides and sulfates) 187 Sieve Analysis, Coarse (ASTM C136) 59 Sieve Analysis, Fine (ASTM C136) 74 Specific Gravity, Coarse (ASTM CI27) 69 Specific Gravity, Fine (ASTM C127) 69 Durability Index (Ca1 227) 224 Asphalt Concrete Hveem - Maximum Bulk Specific Gravity (Ca1 308) per plug.. $133 Hveem and Stabilometer (Cal 308/366) per plug 175 Rice - Maximum Theoretical Specific Gravity (ASTM D2041)266 Bulk Specific Gravity, Cores (ASTM D1188) 58 Sieve Analysis Extracted Aggregate (ASTM D5444) 89 Percent Bitumen (ASTM D6307) 183 Marshall Density (ASTM D6926) per plug 133 Marshall Density, Stability and Flow (ASTM D6927) per plug175 Additional laboratory testing prices available upon request. Collapse Potential (ASTM D5333) $110 Expansion Index (ASTM D4829) 177 Sieve Analysis (ASTM D422) 83 Direct Shear, Normal Speed (ASTM D3080) 208 Direct Shear, Slow Speed (ASTM D3080) 332 Masonry Compressive Strength, Block 8"x 8"x16" (ASTMC140)... $52 Compressive Strength, Prisms 8"x16"x8" or smaller 110 Compressive Strength, Prisms Larger than 8"x16"x8" 149 Compressive Strength, Grout 3"x3"x6" (ASTM CI019) 27 Compressive Strength, Mortar 2"x4" (ASTM C780) 27 Compressive Strength, Mortar 2"x2" (ASTM C109) 29 Linear Shrinkage, Block (ASTM C426) 252 Concrete Compressive Strength, Cylinders (ASTM C39) $27 Compressive Strength, Core (ASTM C42) 59 Compressive Strength, Shotcrete Panel, 3 cores (ASTM C1140)... 290 Splitting Tensile Strength, 6"x12" Cylinder (ASTM C496) 74 Flexural Strength, 6"x6"x24" Beam (ASTM C78) 74 Length Change, Mortar or Concrete (ASTM C157) 371 Metals Tensile Strength, #3 - #8 Reinforcing Steel (ASTM A615/A706). $74 Tensile Strength, #9 - #11 (ASTM E8) 90 Bend Test, #3 - #I1 Reinforcing Steel (ASTM E8) 45 TERMS AND CONDITIONS All field services will be charged from portal to portal with the following minimum charges: • A one -hour minimum charge will be applied to materials sampling and sample pickups. • A two-hour show -up charge will be applied to any service canceled after 4:00 PM the previous day. • A four-hour minimum charge will be applied to all field services. • A six -hour charge will be applied to all field services requiring between four and six hours of work. • An eight -hour charge will be applied to all field services requiring between six and eight hours of work. • Work in excess of eight hours up to twelve hours in a single day, will be charged in 30-minute increments at 1.5 times the standard rate. • Work in excess of twelve hours in a day will be charged in one -hour increments at 2.0 times the standard rate. • The Director of Industrial Relations (DIR) may dictate periodic increases to the prevailing wage during the duration of this project/contract. SCS&T will increase our hourly rate on the effective date determined by the DIR, by a factor of 1.8 times the hourly increase. • A two and one-half percent (2.5%) fee will be charged for project administrative tasks. • Certified payroll can be provided if requested. A one -hour administrative charge will be invoiced per pay period. Work performed by field or laboratory personnel outside of normal business hours (6:30 AM — 5:00 PM) will be charged a premium on a case -by -case basis. Reimbursables: SCS&T reserves the right to charge for services outside of the contract in the form of reimbursables. These items include, but are not limited to the following consumables: magnetic particle powder, ultrasonic copulent, concrete cylinder cans, etc. The following are also included: mileage, travel time, equipment rental, administrative time utilized for photocopying, distribution lists, express mailing, archive searches, etc. Subcontracted services that are included on the Fee Schedule will be charged at those rates. Subcontracted services not included in our Fee Schedule will be charged at cost plus 20 percent. Per Diem charges will be applied to projects outside a 50-mile radius of our office. Mileage will be charged at the rate of 50 cents per mile for distances over 50 miles from the location of dispatch. Invoices for all services completed or in progress will be submitted bi-monthly. These invoices are due in full upon presentation to the client. Invoices outstanding over 30 days will be considered past due. A finance charge will be computed at the rate of 1.5 percent per month, which is an annual rate of 18 percent, and charged on all past due accounts. If legal action is brought on delinquent accounts, the prevailing party shall be entitled to recover its reasonable attomey's fees and other costs of collection. Our professional engineering, geology, and inspection services are performed in accordance with the current standards of practice in the industry. No other warranty or representation, express or implied, is made or intended. Should any services provided by SCS&T for this project become subject to state or federal prevailing wage requirements, SCS&T will be compensated for those services at its prevailing wage rates, from the date these requirements become effective through completion of the project. Celebrating more than 50 Years in Southern California -14- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SOUTHERN CALIFORNIA SOIL & TESTING, INC., FOR A NOT -TO -EXCEED AMOUNT OF $300,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, GEOTECHNICAL, SOILS AND MATERIALS TESTING WHEREAS, the City's current 5-Year CIP is projected to deliver over $60 million in major public improvements, such as corridor enhancements for traffic calming, pedestrian and bicycle safety, and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low Impact Development ("LID") measures for treatment of urban runoff; Americans with Disabilities Act ("ADA") enhancements; park amenities; mechanical, electrical and air conditioning ("HVAC") upgrades to City -owned buildings; and affordable housing projects, including infill transit -oriented development; and WHEREAS, in order to design, manage and deliver these projects on schedule and within budget, the Department of Engineering and Public Works advertised a Request for Qualifications ("RFQ") for various engineering and construction support services on January 27, 2014, and received approximately 70 Statement of Qualifications ("SOQs") from various firms; and WHEREAS, based on the strength of their SOQ and interview, staff recommends executing an agreement with Southern California Soil & Testing, Inc., for a not -to -exceed amount of $300,000, to provide on -call project support services for National City's CIP projects, including, but not limited to, geotechnical, soils and materials testing. The Agreement is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Southern California Soil & Testing, Inc., for a not to exceed amount of $300,000 to provide on -call project support services for National City's Capital Improvement Program ("CIP"), including, but not limited to, geotechnical, soils and materials testing. PASSED and ADOPTED this 5th day of August, 2014. 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: August 5, 2014 AGENDA ITEM NO. 0 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the 30-day review and public comment of the National City Police Department's grant application in the amount of $31,995 to the 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program to purchase Active Shooter Plate Carriers, Ballistic Plates, Magazine Pouches, and "Police" Identification Panels, authorizing the acceptance of the grant award, and authorizing the expenditure of grant funds. PREPARED BY: Chris Cameon, Police Sergeant DEPARTMENT: Police PHONE: (619) 336-45241 APPROVED BYr EXPLANATION: tfhe Office of Justice Programs' (OJP) Bureau of Justice Assistance (BJA) at the U.S. Department of Justice announced that the City of National City is eligible for a grant award of $31,995 via the FY 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program — Local Solicitation. The City is required to make the grant application available to the City Council and to citizens for the governing body and public's 30-day review and comment; a formal award will not be made until the 30-day review requirement has been met. The JAG Program provides States and units of local governments with critical funding necessary to support a range of program areas, including law enforcement, prosecution and court programs, prevention and education programs and etcetera. The National City Police Department proposes to use the funds to purchase Active Shooter Plate Carriers, Ballistic Plates, Magazine Pouches, and "Police" Identification Panels. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. I290 — 411 — 648-* (Expenditure Account) APPROVED: 290 — 11648 — 3498 (Revenue Account) The 2014 JAG Program Local Solicitation does not require a match or in -kind contribution from the City. ENVIRONMENTAL REVIEW: 'Not Applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Staff recommends that the City Council adopt the resolution. $OARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: "2014 JAG Program Narrative" -1 CALIFORNIA -+ NATIONAL city aC3V CORPORATES Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2014 Local Solicitation Program Narrative The National City Police Department is requesting approval to utilize its Fiscal Year (FY) 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program -Local Solicitation allocation of $31,995 to purchase (30) Ballistic Armor Plate Carriers and (30) pairs of Ballistic Armor Plates for use with the carriers. This grant will only be utilized for the procurement of "Active Shooter Plate Carriers" as lifesaving equipment for police and tactical personnel in the field and on the frontline. The National City Police Department is always seeking news ways to help prevent violence against its law enforcement officers and ensure officer resilience and survivability during violent encounters. The economic downturn continues to have a significant impact on this department's ability to purchase this much needed equipment. The acquisition of Ballistic Armor Plate Carriers and Armor Plates for the carriers will give officers an extra layer of protection when confronting active shooters committed to inflict as much damage as possible. The National City Police Department conducts regular training internally on tactics to deal with active shooters in a school setting. This training is an excellent way to improve officer survivability but does not address the potential danger to officers from high powered rifle attacks. Typically officers responding to an active shooter situation would have to rely solely on their Kevlar vests for protection against gunfire. The standard issue Kevlar vest is not rated to protect officers from high powered rifle calibers. The ballistic armor plate carriers and plates will be used to supplement the officer's standard vest and will be worn over the standard uniform in the event of an active shooter situation. The acquisition of this equipment will give the advantage back to the police officer on the frontline and will increase his/her survivability in the event of an assault by a heavily armed suspect committed to inflicting harm. "Not since 9/11 has any one criminal incident shaken the American people like the Newtown, Conn., massacre of elementary school students and their teachers at Sandy Hook School. Consequently, the threat of active shooters is on the minds of both the public and law enforcement. And perhaps now that so many people in law enforcement and the public are looking for ways to prevent active shooter attacks, it's time to rethink the way that we respond to these attacks." Police Magazine.Com 2013 National City Police Department 1200 National City Boulevard, National City, CA 91950-4302 619/336-4400 Fax 619/336-4525 www.nationalcityca.gov RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE 30-DAY REVIEW AND PUBLIC COMMENT OF THE NATIONAL CITY POLICE DEPARTMENT'S GRANT APPLICATION FOR THE AMOUNT OF $31,995 FROM THE 2014 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ("JAG") PROGRAM TO PURCHASE ACTIVE SHOOTER PLATE CARRIERS, BALLISTIC PLATES, MAGAZINE POUCHES, AND "POLICE" IDENTIFICATION PANELS, AUTHORIZING THE ACCEPTANCE OF THE GRANT AWARD, AND AUTHORIZING EXPENDITURE OF THE GRANT FUNDS WHEREAS, the U.S. Department of Justice announced that the National City Police Department is eligible for an award of $31,995 or 100% new funding from the 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program to purchase active shooter plate carriers, ballistic plates, magazine pouches, and "police" identification panels; and WHEREAS, the City is required to make the grant application available for review and public comment for no less than 30 days; and WHEREAS, the 2014 Edward Byrne Memorial Justice Assistance Grant JAG Program is a direct grant allocation program that entitles the Police Department to $31,995 upon approval of the grant application from the U.S. Department of Justice, and does not require the City to allocate any up -front costs or matching funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the 30-day review and public comment of the National City Police Department's 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program application, and authorizes acceptance of the grant award. BE IT FURTHER RESOLVED that the City Council hereby authorizes, upon the expiration of the 30-day review and public comment period, the expenditure of said grant funds to purchase active shooter plate carriers, ballistic plates, magazine pouches, and "police" identification panels. PASSED and ADOPTED this 5th day of August, 2014. 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: August 5, 2014 AGENDA ITEM NO. i ITEM TITLE: (Resolution of the City Council of the City of National City authorizing a Fiscal Year 2015 budget adjustment by ratifying the establishment of a Reimbursable Grants Citywide Fund appropriation and acceptance of $2,500 and a Reimbursable Grants Citywide Fund revenue budget of $2,500 from the 2014 SDG&E SAFE San Diego Initiative Grant funds received for the purchase of meals ready to eat (MREs) for the National City Community Emergency Response Team (CERT). (Fire) PREPARED BY: Frank Parra DEPARTMENT: Fire PHONE: 1619-336-4551 APPROVED BY: EXPLANATION: The 2014 SDG&E SAFE San Diego Initiative Grant has announced that the National City Fire Department has been awarded a grant in the amount of $2,500 for the purchase of meals ready to eat (MREs) for the National City Community Emergency Response Team (CERT). The Initiative provides grant funding, by invitation, to CERT organizations in the SDG&E service territory whose programs and services support emergency preparedness and safety. SDG&E is pleased to award grants to emergency response agencies that provide disaster preparedness, fire safety, and/or disaster medical operations training. Staff recommends the appropriation and acceptance of the $2,500 grant for the purchase of MREs for the National City CERT. This program was a competitive grant that required agencies to complete a grant application justifying the use of funds. FINANCIAL STATEMENT: APPROVED: !/(/(as.(L( ¢C Finance ACCOUNT NO. Rev. 282-12912-3498 Exp. 282-412-912-355-0000APPROVED: MIS The 2014 SDG&E SAFE San Diego Initiative Grant is worth $2,500 for the purchase of meals ready to eat (MREs) for the National City CERT. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends the appropriation and acceptance of $2,500 from the 2014 SDG&E SAFE San Diego Initiative Grant for the purchase of meals ready to eat (MREs) for the National City CERT. BOARD 1 COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Resolution RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A FISCAL YEAR 2015 BUDGET ADJUSTMENT BY RATIFYING THE ESTABLISHMENT OF A REIMBURSABLE GRANTS CITYWIDE FUND APPROPRIATION AND ACCEPTANCE OF $2,500, AND A REIMBURSABLE GRANTS CITYWIDE FUND REVENUE BUDGET OF $2,500 FROM THE 2014 SDG&E SAFE SAN DIEGO INITIATIVE GRANT FUNDS RECEIVED FOR THE PURCHASE OF MEALS READY TO EAT (MRE'S) FOR THE NATIONAL CITY COMMUNITY EMERGENCY RESPONSE TEAM (CERT) WHEREAS, the 2014 SDG&E SAFE San Diego Initiative Grant (the "Initiative") has announced that the National City Fire Department has been awarded a grant in the amount of $2,500 for the purchase of meals ready to eat ("MRE's") for the National City Community Emergency Response Team ("CERT"); and WHEREAS, the Initiative provides grant funding, by invitation, to CERT organizations in the SDG&E service territory whose programs and services support emergency preparedness and safety. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes a Fiscal Year 2015 budget adjustment by ratifying the establishment of a reimbursable grants citywide fund appropriation and acceptance of $2,500. BE IT FURTHER RESOLVED that the City Council hereby authorizes a reimbursable grants citywide fund revenue budget $2,500 from the 2014 SDG&E SAFE San Diego Initiative Grant Funds received for the purchase of meals ready to eat (MRE's) for the National City Community Emergency Response Team ("CERT"). PASSED and ADOPTED this 5th day of August, 2014. 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: August 5, 2014 AGENDA ITEM NO. '10 ITEM TITLE: Resolution of the City Council of the City of National City designating the Director of Emergency Services, Chief of Police, and Homeland Security Manager each as authorized agents for the purpose of obtaining Federal or State financial assistance for cost recovery for all open and future disasters up to three (3) years following the date of approval to include the 2014 Poinsettia Fire (FEMA-5054-FM-CA) and Cocos Fire (FEMA-5055-FM-CA). (Fire) PREPARED BY: Frank Parra DEPARTMENT: Fire PHONE: 619-336-4551APPROVED BY: EXPLANATION: In May 2014, the National City Fire Department and National City Police Department were one of the many agencies throughout San Diego County that responded to the Poinsettia Fire and Cocos Fire. Both Departments will meet with representatives from the Governor's Office of Emergency Services (OES) and the Federal Emergency Management Agency (FEMA) in an effort to recover costs associated with the fire response. The City of National City must authorize agent(s) to provide to the California Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. The Fire Department requests that the Director of Emergency Services, Chief of Police, and Homeland Security Manager be designated as the authorized agents to continue the cost recovery process for all open and future disasters up to three (3) years following the date of approval to include the 2014 Poinsettia Fire (FEMA-5054-FM-CA) and Cocos Fire (FEMA-5055-FM-CA). FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Designate the Director of Emergency Services, Chief of Police, and Homeland Security Manager as the authorized agents to continue the cost recovery process for all open and future disasters up to three (3) years. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: . Designation of Applicant's Agent Resolution for Non -State Agencies 2. Resolution STATE OF CALIFORNIA CALIFORNIA EMERGENCY MANAGEMENT AGENCY Cal EMA 130 Disaster No: Cal EMA ID No: DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON -STATE AGENCIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY (Goveming Body) (Name of Applicant) THAT DIRECTOR OF EMERGENCY SERVICES OR (Title of Authorized Agent) CHIEF OF POLICE , OR (Title of Authorized Agent) HOMELAND SECURITY MANAGER (Title of Authorized Agent) is hereby authorized to execute for and on behalf of the City of National City, a public entity established under the laws of the State of California, this application and to file it with the California Emergency Management Agency for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. THAT the City of National City, a public entity established under the laws of the State of California, hereby authorizes its agent(s) to provide to the California Emergency Management Agency for all matters pertaining to such state disaster assistance the assurances and agreements required. Please check the appropriate box below: This is a universal resolution and is effective for all open and future disasters up to three (3) years following the dale, of approval below. ❑ This is a disaster specific resolution and is effective for only disaster number(s) Passed and approved this 5th day of August, 2014. Ron Morrison, Mayor (Name and Title) CERTIFICATION I, Michael Dalla, duly appointed and City Clerk of the City of National City, do hereby certify that the above is a true (Name) (Title) and correct copy of a Resolution passed and approved by the Citv Council of the City of National City on the 5th day of (Goveming body) (Name of Applicant) August, 2014. Date: City Clerk (Official Position) (Signature) Cal EMA 130 (REV.4/11) RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING THE DIRECTOR OF EMERGENCY SERVICES, CHIEF OF POLICE, AND HOMELAND SECURITY MANAGER EACH AS AUTHORIZED AGENTS FOR THE PURPOSE OF OBTAINING FEDERAL OR STATE FINANCIAL ASSISTANCE FOR COST RECOVERY FOR ALL OPEN AND FUTURE DISASTERS UP TO THREE (3) YEARS FOLLOWING THE DATE OF APPROVAL TO INCLUDE THE 2014 POINSETTIA FIRE AND COCOS FIRE WHEREAS, in May 2014, the National City Fire Department and National City Police Department were one of the many agencies throughout San Diego County that responded to the Poinsettia Fire and Cocos Fire; and WHEREAS, both Departments will meet with representatives from the Governor's Office of Emergency Services ("OES") and the Federal Emergency Management Agency ("FEMA") in an effort to recover costs associated with the fire response; and WHEREAS, the City of National City must authorize agents for the purpose of obtaining Federal or State financial assistance for cost recovery from the California Office of Emergency Services for all matters pertaining to such state disaster assistance; and WHEREAS, the Fire Department requests that the Director of Emergency Services, Chief of Police, and Homeland Security Manager be designated as the authorized agents to continue the cost recovery process for all open and future disasters up to three (3) years following the date of approval to include the 2014 Poinsettia Fire and Cocos Fire. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby designates the Director of Emergency Services, the Chief of Police, and the Homeland Security Manager, each, as authorized agents for the purpose of obtaining federal or state financial assistance for cost recovery for all open and future disasters for three (3) years following the date of approval including the 2014 Poinsettia Fire and Cocos Fire. PASSED and ADOPTED this 5th day of August, 2014. 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 MEETING DATE: August 5, 2014 AGENDA ITEM NO.111; ITEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to execute a Memorandum of Agreement with San Diego Association of Governments (SANDAG) for the Graffiti Tracker Program for the annual amount of $2,607 through June 3{5, 2015. PREPARED BY: Leslie Deese, City Manager PHONE: j 619-336-4240 EXPLANATION: See attached report. FINANCIAL STATEMENT: ACCOUNT NO. 001-409-000-650-0000 Annual Cost: $2,607 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: DEPARTMENT: City Manager APPROVED BY:.. APPROVED: �f//ac �o Finance APPROVED: MIS STAFF RECOMMENDATION: Request City Council to authorize the City Manager to execute said Memorandum of Agreement. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report SANDAG Agreement Resolution Staff Report: Graffiti Tracker Program Memorandum of Agreement Introduction The presence of graffiti in a neighborhood can be described as a quality of life issue, contributing to a neighborhood's sense of cohesiveness and decreased feeling of safety. It can also be a costly problem for public entities and private citizens, and graffiti done in the interest of gang identification can relate back to incidents of violent crime. In January 2011, County Supervisor Greg Cox, and other city and civic leaders, launched a regional pilot project to combat graffiti. The goal of this pilot, the San Diego County Multi -Discipline Graffiti Abatement Program, was to utilize technology (Graffiti Tracker) to better document graffiti and identify and convict the most prolific offenders through a coordinated regional effort. In 2011, National City, and other municipal law enforcement agencies, the Port of San Diego, and local public transit agencies joined the County's pilot program. Project Overview Graffiti Tracker is a Web -based intelligence sharing and analysis service that allows photographs and locations of graffiti incidents to be submitted into a national database. Intelligence reports can then be generated that included information and statistics regarding the name or group monikers, location and size of incidents, trends or paths of damage, migration of vandals, and arrest information. According to law enforcement officials, systems such as Graffiti Tracker can enhance their ability to identify graffiti taggers and gather evidence for prosecution of multiple acts of vandalism, as well as provide expert analysis and intelligence toward identifying gang members and coded messaging and alerts to other illegal street gang activities. While the program has been coordinated through the San Diego County Sheriff, the Memorandum of Agreement provides a framework for billing and support of the Graffiti Tracker software through SANDAG's existing ESUN and ARJIS billings. As current practice, the cost is divided based on the population of each participating agency, with MTS and NTCD paying a flat fee. National City's annual cost is estimated to be $2,607. Staff Recommendation City Council approve the Graffiti Tracker Program Memorandum of Agreement and authorize the City Manager to execute said Agreement. 401 B Street, Suite 800, San Diego, CA 92101 www.sandag.org LETTER OF TRANSMITTAL TO: City of National City Date:6/6/14 ATTN: Claudia Silva, City Attorney 1243 National City Blvd. National City, CA 91950 RE: 5004447 Graffiti Tracker MOA NO. OF COPIES 1 DESCRIPTION Contract #5004447 Graffiti Tracker MOA THESE ARE TRANSMITTED ❑ For review & comment ❑ Other ® For signatures ❑ For your records ❑ ..As requested PLEASE NOTE CC: Ms. Silva, Please find attached the above referenced documents for execution by Ms. Deese. at your convenience. Thank anda Hoben Contracts & Procurement Analyst I San Diego Association of Governments (SANDAG) 401 B Street, # 800, San Diego, CA 92101 Tel: (619) 699-7377 r Please return a signed.Cppy LD —s3 By: Amanda Hoben Phone: (619) 699 - 7377 E-Mail: Amanda,Hoben @sandag.org PLEASE ACKNOWLEDGE RECEIPT ® Not requested ❑ Please call upon receipt ❑ Please return signed & dated copy Received by: Date: COPIES: Client SANDAG Files Project File 401 8 Street Suite 800 San Diego, CA 92101-4231 (619) 699-1900 Fax (619) 699-1905 www.sandag.org MEMBER AGENCIES Cities of Carlsbad Chula Vista Coronado Del Mar El Cajon Encinitas Escondido Imperial Beach La Mesa Lemon Grove National City Oceanside Poway San Diego San Marcos Santee Solana Beach Vista and County of San Diego ADVISORY MEMBERS Imperial County California Department of Transportation Metropolitan Transit System North County Transit District United States Department of Defense San Diego Unified Port District San Diego County Water Authority Southern California Tribal Chairmen's Association Mexico June 6, 2014 File Number 5004447 Ms. Leslie Deese City Manager City of National City 1243 National City Boulevard National City, CA 91950 Dear Ms. Deese: SUBJECT: Graffiti Tracker Program Memorandum of Agreement The Graffiti Tracker program has served as an effective law enforcement tool facilitating the identification and prosecution of graffiti perpetrators whose crimes are spread throughout the region. The San Diego Association of Governments (SANDAG) recently distributed a survey to all San Diego County agencies affiliated with the program. Survey results, camera usage, incident numbers, square footage damage, maps, and a breakdown of the source of the graffiti will be provided to each jurisdiction later this summer. While the program has been coordinated through the San Diego County Sheriff, this Memorandum of Agreement provides a framework for billing and support of the Graffiti Tracker software through SANDAG's existing ESUN and ARJIS billings. As current practice, billings are divided based on the population of each participating agency, with MTS and NTCD paying a flat fee. Please arrange for execution of the document and return one copy to SANDAG in the enclosed envelope. Should you have any questions, please contact Amanda Hoben at (619) 699-7377. Sincerely, GARY'L. GALLEGOS Executive Director GGA/AHO/abar Enclosure MEMORANDUM OF AGREEMENT AMONG THE SAN DIEGO ASSOCIATION OF GOVERNMENTS, THE COUNTY OF SAN DIEGO, THE CITIES OF CHULA VISTA, CORONADO, EL CAJON, LA MESA, NATIONAL CITY, AND SAN DIEGO, THE METROPOLITAN TRANSIT SYSTEM, THE NORTH COUNTY TRANSIT DISTRICT, THE UNIFIED PORT OF SAN DIEGO GOVERNING GRAFFITI TRACKER, INC. BILLING AND SUPPORT SANDAG CONTRACT NO. 5004447 This Memorandum of Agreement ("MOA") is made and entered into effective as of this day of June 2014, by and among the San Diego Association of Governments ("SANDAG"), the County of San Diego ("County"), the Cities of Chula Vista, Coronado, El Cajon, La Mesa, National City, and San Diego, the Metropolitan Transit System, and the North County Transit District (collectively, "Participating Agencies") for the purpose of establishing a framework for billing and support of the Graffiti Tracker, Inc. software. Individually, SANDAG, the County, and each of the Participating Agencies may be referred to as "Party" and collectively as "Parties." RECITALS 1. The Parties recognize that reduction or elimination of neighborhood graffiti is a regional quality of life issue; and 2. The County entered into a contract with Graffiti Tracker, Inc. in 2009 (Contract No. 527855, attached as Exhibit A) for the use of graffiti tracking software to aid in the apprehension of repeat offenders, provide faster clean-up, and deter individuals from vandalizing personal and public property ("Graffiti Tracking Program"); and 3. The Graffiti Tracking Program's success prompted other agencies to join this regional effort, resulting in the provision of Graffiti Tracker services to Participating Agencies pursuant to an amendment to Contract No. 527855 in 2011; and 4. The County has been responsible for administration of Contract No. 527855, including timely payment of amounts due to Graffiti Tracker, Inc. for services utilized by both the County and Participating Agencies; and 5. The County will continue to administer Contract No. 527855, including the timely payment of amounts due to Graffiti Tracker, Inc.; and 6. SANDAG added the Graffiti Tracker Promotion Project to the Regional Operations and Services area of emphasis in the FY 2014 SANDAG Budget to promote usage of the Graffiti Tracking program regionally and provide user and liaison support; and 7. Each Participating Agency continues to utilize the benefits of the Graffiti Tracker Program to document and reduce the incidence of graffiti within its jurisdiction; and 8. SANDAG currently invoices Participating Agencies for other law enforcement -related support services; and 9. The County has requested that SANDAG invoice Participating Agencies for their use of the Graffiti Tracker Program together with the existing invoices for law enforcement -related support services; and 10. Each Participating Agency's use of the Graffiti Tracking program shall be determined by the method described below; and 11. The Parties wish to memorialize their agreement in this MOA to carry out the purposes set forth above. AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties agree as follows: THE COUNTY AGREES: 1. At least thirty (30) days prior to the beginning of the fiscal year (July 1 to June 30) for which billing will occur, the County shall provide SANDAG with a list of the Graffiti Tracker Program Participating Agencies. 2. The County shall continue to administer Contract No. 527855, to which neither SANDAG nor any Participating Agency is a party. The County shall retain responsibility for collecting delinquent payments, which includes all payments not received by SANDAG. SANDAG AGREES: 3. SANDAG shall invoice the Participating Agencies once at the beginning of each fiscal year (July 1 to June 30) for each Participating Agency's share of the Graffiti Tracker Program costs. SANDAG shall remit to the County twice annually all payments received from Participating Agencies since the last remittal and provide a list of delinquent payments. SANDAG shall remit payments to: County of San Diego, Sheriff's Department Attention: Contract Manager 9621 Ridgehaven Court San Diego, CA 92123 THE PARTICIPATING AGENCIES AGREE: 4. The Participating Agencies shall remit payment payable to SANDAG within thirty (30) days of receipt of invoice. Participating Agencies shall remit payments to: San Diego Association of Governments Attention: ARJIS 401 B Street, Suite 800 San Diego, CA 92101 S THE PARTIES MUTUALLY AGREE: 5. Allocation of Costs. The respective shares of the Graffiti Tracker Program costs are allocated between the Participating Agencies, collectively, and the County in accordance with Contract No. 527855 and its accompanying amendments. a. SANDAG shall not invoice the County for its share of the Graffiti Tracker Program costs. b. The Participating Agencies' total share as provided by Contract No 527855 shall b allocated among the Participating Agencies according to the following method of calculation: Participating Agencies' total share multiplied by each Participating Agency's proportionate share of the total population served by the Graffiti Tracker Program. SANDAG shall calculate each Participating Agency's share of the Graffiti Tracker Program costs using the most recent annual population estimates promulgated by the California Department of Finance. In the event that a Participating Agency is a special district or other public agency such that a population figure is not susceptible to determination, that Participating Agency shall pay a fixed fee of five thousand ($5,000.00) dollars annually toward the Participating Agency total share of Graffiti Tracker Program costs. Any fixed fees shall be deducted from the Participating Agency total share prior to calculating the remaining Participating Agencies' shares of Graffiti Tracker Program costs by the method of calculation described above. 6. Addition of Participating Agencies. Both SANDAG and the County shall have the authority to add additional Participating Agencies to the Graffiti Tracker Program with the consent of the other, whose consent shall not be unreasonably withheld. The County shall bear the responsibility of amending Contract No. 527855 to reflect the participation of additional agencies as part of its retained responsibility of administering Contract No. 527855. All Participating Agencies added to the Graffiti Tracker Program shall sign this MOA and be bound by these terms and conditions. Each Participating Agencies' share of the Program costs shall be recalculated when a Participating Agency joins the Graffiti Tracker Program according to the method above and the next invoice shall reflect the new allocation of costs. 7. Graffiti Tracker Cameras. The County shall store Graffiti Tracker cameras that are not in use. Participating Agencies shall coordinate with the County to obtain additional Graffiti Tracker cameras or to replace malfunctioning cameras or portions thereof. A request for an additional camera will be filled from the inventory of Graffiti Tracker cameras not in use. Should all Graffiti Tracker cameras be in use by the Graffiti Tracker Program, the County shall so notify the requesting Participating Agency, which may elect to order a new Graffiti Tracker camera from Graffiti Tracker, Inc. under Contract No. 527855. The costs of new Graffiti Tracker cameras and replacement parts will be borne by the requesting Participating Agency and billed on the following invoice. 8. The Role of SANDAG. The SANDAG role with respect to the Graffiti Tracker Program shall be limited to invoicing and receiving payments from Participating Agencies, forwarding such payments to the County, and providing regional support to the Graffiti Tracker Program, including the capture of metrics on system usage and production of reports for Participating Agencies; identifying trends and patterns; accomplishing customer outreach and training to encourage system usage; exploring the expansion of the Graffiti Tracker Program to other agencies where graffiti is a problem; and collaborating with the County of San Diego Office of the District Attorney to obtain statistics on restitution funds resulting from the Graffiti Tracker Program. SANDAG shall not own or control any of the data from, provided to, or used by Participating Agencies in the Graffiti Tracker Program other than those documents or data it creates pursuant to this Section. 9. Notice. Any notice required or permitted under this MOA may be personally served on any of the Parties by the Party giving notice, or may be served by first class mail, return receipt requested, to the addresses provided in Exhibit B, "Agency Contacts." If no name is listed for a jurisdiction in Exhibit B, then the agency's signatory, or his or her successor, shall suffice as a valid agency contact. 10. Modification. No alteration or variation of the terms of this MOA shall be valid, unless made in writing and signed by the Parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the Parties hereto. 11. Termination. Any Party may terminate its participation in this MOA by providing thirty (30) days written notice of such termination to both the County and SANDAG. a. Termination of participation by one or more of the Participating Agencies shall not affect the terms, conditions, and provisions of the MOA with respect to the other Parties still participating in the MOA, other than a recalculation of costs as between the remaining Participating Agencies effective upon the following invoice. Upon the effective date of termination of participation under this subsection, the terminating Party shall cease its use of the Graffiti Tracker Program. Within thirty (30) days of the effective date of termination, the Participating Agency shall return to the County any Graffiti Tracker cameras in its possession, unless the Participating Agency paid for an additional camera pursuant to Section 7 of this MOA. There will be no refund of amounts already received by SANDAG. b. Termination by SANDAG or the County shall terminate the entire MOA. Notice of termination of the entire MOA shall also be provided to the Participating Agencies prior to the effective date of termination. Within thirty (30) days of the effective date of termination, SANDAG shall remit to the County any Graffiti Tracker Program payments received from Participating Agencies that are in its possession. All Parties shall cease their use of the Graffiti Tracker Program upon the effective date of termination under this subsection. All Parties shall return any Graffiti Tracker cameras in their possession to the County, unless the Participating Agency paid for an additional Graffiti Tracker camera pursuant to Section 7 of this MOA. Any funds remaining in the Graffiti Tracker Program following termination of this MOA shall be refunded to the County and the Participating Agencies in the same manner as the costs were allocated. 12. Defense and Indemnity. The following indemnification provisions of this MOA shall survive termination. a. Claims Arising From Sole Acts or Omissions of a Party Each Party to this MOA hereby agrees to defend and indemnify the other Parties to this MOA, their agents, officers, and employees, from any claim, action, or proceeding against the other Parties, arising solely out of its own acts or omissions in the performance of this MOA. At each Party's sole discretion, each Party may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve any Party of any obligation imposed by this MOA. Parties shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. b. Claims Arising From Concurrent Acts or Omissions The Parties hereby agree to defend themselves from any claim, action, or proceeding arising out of the concurrent acts or omissions of the Parties. In such cases, Parties agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in Paragraph d below. c. Joint Defense Notwithstanding Paragraph b above, in cases where Parties agree in writing to a joint defense, Parties may appoint joint defense counsel to defend the claim, action, or proceeding arising out of the concurrent acts or omissions of Parties. Joint defense counsel shall be selected by mutual agreement of Parties. Parties agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in Paragraph 4 below. Parties further agree that no Party may bind the others to a settlement agreement without the written consent of the others. d. Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, Parties may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. 13. General Provisions. a. All obligations of the Parties under the terms of this MOA are subject to the appropriation of the required resources by their respective governing bodies. b. This MOA shall be interpreted in accordance with the laws of the State of California. c. All terms, conditions, and provisions herein shall inure to and shall bind each of the Parties hereto and each of their respective heirs, executors, administrators, successors, and assigns. 2 d. For the purposes of this MOA, the relationship of the Parties is that of independent entities and not as agents of each other or as joint venturers or partners. The Parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. e. Nothing in the provisions of this MOA is intended to create duties or obligations to or rights in third parties to this MOA or affect the legal liability of the Parties to this MOA to third parties. f. This MOA may be executed in any number of identical counterparts, each of which shall be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each Party has signed one such counterpart. g. This MOA shall be deemed executed on the date on which the last Party signs this MOA. IN WITNESS WHEREOF, the Parties hereto have executed this MOA effective on the day and year first above written. COUNTY OF SAN DIEGO APPROVED AS TO FORM AND LEGALITY: THOMAS J. PASTUSKA WILLIAM L. PETTINGILL Clerk of the Board of Supervisors Senior Deputy County Counsel SAN DIEGO ASSOCIATION OF GOVERNMENTS GARY L. GALLEGOS Executive Director or designee THE CITY OF CHULA VISTA JAMES D. SANDOVAL City Manager Signatures continued on next page THE CITY OF CORONADO BLAIR KING City Manager THE CITY OF EL CAJON DOUGLAS WILLIFORD City Manager THE CITY OF LA MESA DAVID E. WITT City Manager THE CITY OF NATIONAL CITY LESLIE DEESE City Manager THE CITY OF SAN DIEGO SCOTT CHADWICK Chief Operating Officer Signatures continued on next page Contract No. 5004447 Graffiti Tracker MOA additional signature page 10 METROPOLITAN TRANSIT SYSTEM PAUL JABLONSKI Chief Executive Officer NORTH COUNTY TRANSIT DISTRICT MATTHEW O. TUCKER Executive Director UNIFIED PORT OF SAN DIEGO JOHN A. BOLDUC Vice President, Public Safety Contract No. 5004447 Graffiti Tracker MOA additional signature page II RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR THE GRAFFITI TRACKER PROGRAM THROUGH JUNE 30, 2015, FOR THE ANNUAL AMOUNT OF $2,607 WHEREAS, in 2011, National City, and other municipal law enforcement agencies, the Port of San Diego, and local public transit agencies joined the County's pilot San Diego County Multi -Discipline Graffiti Abatement Program, which was created to utilize technology (Graffiti Tracker) to better document graffiti, and to identify and convict the most prolific offenders through a coordinated regional effort; and WHEREAS, Graffiti Tracker is a Web -based intelligence sharing and analysis service that allows photographs and locations of graffiti incidents to be submitted into a national database to enhance the ability to identify graffiti taggers and gather evidence for prosecution of multiple acts of vandalism, as well as provide expert analysis and intelligence toward identifying gang members and coded messaging and alerts to other illegal street gang activities; and WHEREAS, while the program has been coordinated through the San Diego County Sheriff, the Memorandum of Agreement provides a framework for billing and support of the Graffiti Tracker software through SANDAG's existing ESUN and ARJIS billings. WHEREAS, currently, the cost is divided based on the population of each participating agency, with Metropolitan Transit System ("MTS") and North County Transit District ("NTCD") paying a flat fee. National City's annual cost is estimated to be $2,607. NOW, THEREFORE, BE IT RESOLVED that the City council of the City of National City hereby authorizes the City Manager to execute a Memorandum of Agreement with the San Diego Association of Governments (SANDAG) for the Graffiti Tracker Program through June 30, 2015, for the annual amount of $2,607. PASSED and ADOPTED this 5th day of August, 2014. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 5, 2014 AGENDA ITEM NO. 4.2 ITEM TITLE: Temporary Use Permit — 13th Annual 9/11 Remembrance Ceremony hosted by the National City Fire Department at 343 E. 16th Street on September 11, 2014 from 6:00 a.m. to 10:00 a.m. This is a city - sponsored event.' PREPARED BY: Vianey Rivera PHONE: 1(619) 336-4364' EXPLANATION: DEPARTMENT: NeighbServices Division APPROVED BY: This is a request from the National City Fire Department to host the 13th Annual 9/11 Remembrance Ceremony at Fire Station #34 located at 343 E. 16th Street on September 11, 2014 from 6am to 10am. This is event will be in remembrance and salute to the 343 firefighters who made the supreme sacrifice on 9/11/2001. Breakfast will be served from 7:30 a.m. to 8:30 a.m. Retired FDNY Firefighter Brennan Savage and Jack Toale will be guest speakers. The NCFD and NCPD color guard will present the flag salute. The applicant is requesting the street closures on "D "Avenue from 15th Street to 16th Street in front of the Fire Station from 6 a.m. to 10 a.m. in order to park fire apparatus. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: rThe City has incurred $237.00 for processing the TUP, plus $265.54 for Public Works. Total fees are $502.54 ENVIRONMENTAL REVIEW: N/AI ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: 1N/AI ATTACHMENTS: frApplication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert _ Fair Festival Parade __,_ Demonstration Circus Motion Picture __ Grand Opening Other Event Title: 9/11 Remernbrance.Ceremonv Event Location: Station #34, 343 E. 16'h Street Event Date(s): From __9/11 to 9/11 Actual Event Hours: 6 am/pm to 10 am/pm Total Anticipated Attendance: 60 (_ 20 Participants 50 Spectators) Setup/assembly/construction Date:. _ 9/11/13 Start time: 6:00 a.m. Please describe the scope of your setup/assembly work (specific details): _ Community event Block Party Dismantle Date: 9/11 Completion Time: 12 am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. "I)"Avenue from 15th to 16th Street. From 0600-1000 on-filok1. 5tember 11, 201 Sponsoring Organization: National City Fire Dept. Chief Officer of Organization (Name) Frank Parra Applicant (Name): Don Miner Address: 343 E. 16th Street, National City, CA 91950 Daytime Phone: (619) 336-4555 Evening Phone: Fax: (619) 336-4562 F.-Mail: (_) C'oniact Person "on site" day of the event: Don Miner Cellular: _(760) 715-6385_ NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? YES _. NO Are admission, entry, vendor or participant fees required? YES NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. The National City Firefighters for the I ° Annual remembrance eand salute to the 343 firefighters who made the supreme sacrifice on 9/11/2(101. Breakfast will be served from 7:00 a.m. until 8:30 a.m. Retired FDNY Firefighter Brennan Savage may be the key note speaker. The NCH) and (he NCPI) color guard will present the Bag salute. 'This request is to shut down D Avenue in front of the Fire Station in order to park fire apparatus. _ YES X NO If the event involves the sale of cars. will the cars come exclusively from National City car dealers? YES NO Does the event involve the sale or use of alcoholic beverages? YES X-- NO Will items or services be sold at the event? If yes, please describe: YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? if YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. _x YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES X NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES ENO Will the event involve the use of the City stage or In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: D Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. D 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): D Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 le is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs + t) 4Rb) tS ! 5p l.�Ei „L ..I ps D Fencing, barriers and/or barricades D Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures D Vehicles and/or trailers D Other related event components not covered above D Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be retumed to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: 3 I y �ffiSi'I,�Y::a pr k'k[ Py'"E F9��, h rtr g �y k� . !..4'. 4— •t''-N+r�;rs. .fi h.i er+�f�hr•: Please describe your procedures for both Crowd Control and Internal Security: NCPD will be on site for crowd control and internal security YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list:. Security Organization: Security Organization Address: Security Director (Name): Phone: YES X NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. NCFD will be on site for providing first aid and eauipment Please describe your Accessibility Plan for access at your event by individuals with disabilities: Sidewalks will not be blocked in order to allowaccess to individuals with disabilities. Please provide a detailed description of your PARKING plan: Parking will be trov1*ed behind Fire Sts,tion #14 Please describe your plan for DISABLED PARKING: Parkinq.fnr djaob]pi individuals will be; provided behind Fire Station #34 .. 7Vc A 5'<ss�Y-YLL Please describe your plans to notify all residents, businesses and churches i event: mpactedbythe distributed two weeks rior to thend churches will be event, NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES X NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: YES X NO Will sound amplification be used? If YES, please indicate: Start time:--___am/pm Finish Time am/pm YES X NO Will sound checks be conducted prior to the event? if YES, please indicate: Start time: --- amfpm Finish Time am/pm Please describe the sound equipment that will be. used for your event: Number of Bands: YES XNO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES XNO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 5 i. POYHe 1 VI_ - • C7 c 7 '5 i5crch vY` .. _ X c) 1 i Outlook.com FILE l A,:r„L IaC, IOW) MINI FIND llr*1 1<d:.ml iSS u.rEumn Page 1 of 1 (CIJ.nt;, am m„. Sgn ran 4 City of National City pWOLIC PROPERTY UStHOLO HARMLESS AND INDEMNIFlCATION AGREEMENT Persons requesting use or Cly property, feaBNes or personnel are required Io provide a minimum al Si 00C 000 combined single emit Insurance for Po*, iMu7 and property damage which includes the coy. ifs olfielals, agents and employees waned es additional insured and 10 sign the Hold Hanbless Agrmnonl. Certificate of insurance must be attached 10 this permit, Orgenlzalor Person In Charge of Activity Address Telephone,_______ Deta(a) of U. HOLD HARMLESS AGREEMENT Asa Cnodinn of the issuance of a Ie wary use pelml 10 euhduct ins .Mivides on pudic or privele property, the unda.signed hereby egreeja) to defend, Indemnify and Nord harmless the City at Wabonal City widths Parking Autrony and 116 Officers ernpbyees and agents from end 'gains, any and all Gems, dementia. Coals, losses, fiaoldy Or, for any personal unary, death or properly damage. or both, or any iiligelion and other liability, including attorneys lees and the costs ol litigation, esoing net of or related to line use of pudic property or the aanviIy When under the porno try the perrninee or its agentsemployees or contractors. Sgwnxa d ApJ ant CX5,c0l Tele Oate For ektrx one Orly Cortifrcefe ol Insurance Approved Dale n *10y05Nf0!n:t https://blu 171.maillive.com/mail/ViewOfficePreview. aspx?messagei d=mg... 7/15/2014 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: National City Fire Department EVENT: 13th Annual 9/11 Remembrance Ceremony DATE OF EVENT: September 11, 2014 TIME OF EVENT: 6am to 10am APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Building: No comments. Planning: No comments. Engineering: MTS needs to be notified of the closure for the ceremony. RISK MANAGER (619) 336-4370 Risk Management has no issues with this City sponsored event. PUBLIC WORKS (619)366-4580 Street Division • Staff will barricade affected streets and remove them when the event is over. • Staff will post "no parking" signs along affected streets before the event. • The cost to provide Street personnel is estimated to be: 1. "No Parking" signs 16 x $0.45 $ 7.20 2. Equipment 4 x $19.09 $ 76.36 3. Barricades 12 x $0.35 $ 4.20 4. Regular Hours 4 x $32.57 $130.28 6. Total $218.04 Park Division Parks will provide the PA for this event. Facilities Division • The cost to provide tables and chairs for this event is as follows: 1. Tables 10 x $1 ea $ 10.00 2. Chairs 50 x $0.75 $ 37.50 3. Total $ 47.50 Facilities personnel will deliver tables and chairs to Station #34 prior to the event and make arrangements for pickup. FINANCE Finance has no involvement with this event. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: The Fire Department has no stipulations for this event POLICE The PD has no stipulations. PD will work on getting the Honor Guard for the event. CITY ATTORNEY I have no comments as this is a City program/application. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 5, 2014 AGENDA ITEM NO. j13 ITEM TITLE: Warrant Register #49 for the period of 5/28/14 through 6/03/14 in the amount of $1,246,030.98. (Finance) PREPARED BY: !K. Apalateguij DEPARTMENT: Finn" PHONE: I619-336-4331 APPROVED BY: ( 4 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 5/28/14 through 6/03/14. In accordance with Finance Department policy, below is an explanation of all warrants above $50,000.00. Vendor Check Amount Explanation Project Professionals 312656 89,087.71 8th Street Smart Growth Ramona Paving 312658 137,792.03 8th Street Safety Enhancement FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $1,246,030.98. APPROVED: Finance 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 $1,246,030.98. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #49 PAYEE AT&T MOBILITY KIMBLE, R MIDWEST TAPE US BANK MAYER HOFFMAN MCCANN P C BEST BEST & KRIEGER ATTNY LAW KANE BALLMER & BERKMAN MAZZARELLA LORENZANA LLP NBS POWER PLUS SDG&E SWEETWATER AUTHORITY ACEDO, I ADDICTION MEDICINE AEP CALIFORNIA LLC ALDEMCO ALLEN, R "•JDERSON, E ',T MCI „KINS NORTH AMERICA INC BEARD, P BECK, L BEST BEST & KRIEGER ATTNY LAW BISHOP, R BOEGLER, C BOYD, P BURKE WILLIAMS & SORENSEN LLP CEB CEB WEBSTER, C CITY OF NATIONAL CITY CITY OF SAN DIEGO CITY OF SAN DIEGO COLE, L CONDON, D COPY POST PRINTING CORPUZ, T COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CSA SAN DIEGO COUNTY DALE CARNEGIE TRAINING DANESHFAR, Z 1TA TICKET INC ( WIRELESS SYSTEMS (20) DELTA DENTAL DELTA DENTAL INSURANCE CO DEPARTMENT OF CONSUMER AFFAIRS DESROCHERS, P DI CERCHIO, A DISCOUNT SCHOOL SUPPLY 1/4 WARRANT REGISTER # 49 6/3/2014 DESCRIPTION CHK NO DATE AMOUNT ATT PHONE SERVICE / 1/06/14 - 2/05/14 312549 5/29/14 2,211.70 RETIREE HEALTH BENEFITS / MAY 2014 312550 5/29/14 300.00 DVD'S / LIBRARY - REPLACEMENT CHECK 312551 5/29/14 297.88 ADMIN FEE / 2005A&B TAX ALLOC INT ACC 312552 5/29/14 2,400.00 REGISTRATION / 2014 GASB UPDATE / FIN 312553 6/3/14 110.00 LEGAL / COMM YOUTH ATHLETIC CENTER 312556 6/3/14 19,891.85 LEGAL / S A OPERATIONS 397-500 312557 6/3/14 45.00 LEGAL / ROSENOW, SPEVACEK GROUP, INC 312558 6/3/14 8,139.00 LANDSCAPE MAINTENANCE DISTRICT 1 312559 6/3/14 500.00 EQUIPMENT RENTAL / S A 312560 6/3/14 195.00 GAS AND ELECTRIC UTILITIES / S A 312561 6/3/14 40.83 WATER UTILITIES / S A 312562 6/3/14 507.47 RETIREE HEALTH BENEFITS / JUN 2014 312563 6/3/14 160.00 DOT DRUG AND ALCOHOL TESTING PROGRAM 312564 6/3/14 980.00 TIMER MODULE FOR PATROL POWER 312565 6/3/14 141.70 FOOD / NUTRITION 312566 6/3/14 1,471.81 RETIREE HEALTH BENEFITS / JUN 2014 312567 6/3/14 125.00 RETIREE HEALTH BENEFITS / JUN 2014 312568 6/3/14 110.00 ATT PHONE SERVICE / 5/13/14 - 6/12/14 312569 6/3/14 204.74 PROVIDE SEWER BILL/TAX ROLL PREPARATION 312570 6/3/14 6,370.00 RETIREE HEALTH BENEFITS / JUN 2014 312571 6/3/14 70.00 RETIREE HEALTH BENEFITS / JUN 2014 312572 6/3/14 140.00 REGIONAL PERMIT PETITION 312573 6/3/14 228.00 RETIREE HEALTH BENEFITS / JUN 2014 312574 6/3/14 110.00 RETIREE HEALTH BENEFITS / JUN 2014 312575 6/3/14 260.00 RETIREE HEALTH BENEFITS / JUN 2014 312576 6/3/14 145.00 LEGAL SVCS RENDERED - NEGOTIATIONS 312577 6/3/14 5,728.50 CIVIL DISCOVERY PRACTICE 312578 6/3/14 233.59 CA ADMIN MANDAMUS 312579 6/3/14 211.99 LIABILITY CLAIM COSTS 312580 6/3/14 2,059.11 PETTY CASH REPLENISHMENT - MAR 2014 312581 6/3/14 844.86 TRANSPORTATION AND TREATMENT OF SEWER 312582 6/3/14 2,974.61 ONE YEAR CONTRACTUAL AGREEMENT 312583 6/3/14 292.50 RETIREE HEALTH BENEFITS / JUN 2014 312584 6/3/14 165.00 RETIREE HEALTH BENEFITS / JUN 2014 312585 6/3/14 280.00 POST CARDS FOR MOVIES IN THE PARK 312586 6/3/14 456.75 RETIREE HEALTH BENEFITS / JUN 2014 312587 6/3/14 140.00 SHARE OF PC REVENUE - APRIL 2014 312588 6/3/14 15,328.50 MAIL PROCESSING SERVICES FY14 312589 6/3/14 4,308.30 CDBG EXPENSE REIMB FOR 3RD QTR 312590 6/3/14 8,781.07 SUCCESSFUL PUBLIC SPEAKING WORKSHOP 312591 6/3/14 249.00 RETIREE HEALTH BENEFITS / JUN 2014 312592 6/3/14 250.00 CITATION PROCESSING / APRIL 2014 / NSD 312593 6/3/14 3,532.05 CONCEALED INTERNAL ANTENNA 312594 6/3/14 943.49 COBRA DENTAL INS - MAY 2014 312595 6/3/14 44.33 COBRA DENTAL INS - APRIL 2014 312596 6/3/14 71.94 2014 HANDBOOK OF LAWS & RULES 312597 6/3/14 20.00 RETIREE HEALTH BENEFITS / JUN 2014 312598 6/3/14 110.00 RETIREE HEALTH BENEFITS / JUN 2014 312599 6/3/14 70.00 COLORATION NO MESS ADHESIVE 312600 6/3/14 741.93 2/4 WARRANT REGISTER # 49 6/3/2014 PAYEE DESCRIPTION CHK NO DATE AMOUNT D-MAX ENGINEERING NC STORM WATER 2013-2014 312601 6/3/14 41,399.74 DREDGE, J RETIREE HEALTH BENEFITS / JUN 2014 312602 6/3/14 250.00 DREW FORD HYUNDAI R& M CITY VEHICLES AS NEEDED FY 2014 312603 6/3/14 510.79 EISER III, G RETIREE HEALTH BENEFITS /JUN 2014 312604 6/3/14 250.00 ESGIL CORPORATION PLAN CHECK / BUILDING 312605 6/3/14 19,917.75 ESGIL CORPORATION BUILDING INSPECTIONS 312606 6/3/14 809.25 FABINSKI, D RETIREE HEALTH BENEFITS / JUN 2014 312607 6/3/14 220.00 FASTENAL BATTERIES: AA, AAA & C PROCELL 312608 6/3/14 56.79 FEDEX SWRCB 312609 6/3/14 31.63 GELSKEY, K RETIREE HEALTH BENEFITS / JUN 2014 312610 6/3/14 115.00 GIBBS JR, R RETIREE HEALTH BENEFITS / JUN 2014 312611 6/3/14 120.00 GONZALEZ, L LICENSE REIMBURSEMENT 312612 6/3/14 82.00 GUNDERT, M RETIREE HEALTH BENEFITS / JUN 2014 312613 6/3/14 350.00 GW SCHOOL SUPPLY LEARNING CARDS/ACTIVITY CARDS 312614 6/3/14 291.43 HANDY METAL MART INC PS ROUND TUBES 312615 6/3/14 122.52 HANSON, E RETIREE HEALTH BENEFITS / JUN 2014 312616 6/3/14 135.00 HAPPY SOFTWARE INC INSPECTIONS AND HOS MOBILE INSPECTIONS 312617 6/3/14 6,638.25 HARRIS & ASSOCIATES INC ADA ENHANCEMENT HIGHLAND 312618 6/3/14 3,719.10 HAUG, S RETIREE HEALTH BENEFITS / JUN 2014 312619 6/3/14 HERNANDEZ, J REFUND - NC414013007 CITATION 312620 6/3/14 HODGES, B RETIREE HEALTH BENEFITS / JUN 2014 312621 6/3/14 200.00 HONDO, E RETIREE HEALTH BENEFITS / JUN 2014 312622 6/3/14 110.00 HONEYWELL INTERNATIONAL INC 4 HRS LABOR- REPLACE COOLING TOWER 312623 6/3/14 2,781.84 JAMES, R RETIREE HEALTH BENEFITS / JUN 2014 312624 6/3/14 140.00 JUNIEL, R RETIREE HEALTH BENEFITS / JUN 2014 312625 6/3/14 50.00 KAISER FOUNDATION HEALTH PLANS RETIREES INS - COBRA APR 2014 312626 6/3/14 936.52 KIMBLE, R RETIREE HEALTH BENEFITS / JUN 2014 312627 6/3/14 300.00 KONICA MINOLTA COPIER EQUIPMENT LEASE 312628 6/3/14 5,203.08 LADCO LIABILITY CLAIM COSTS 312629 6/3/14 35.00 LANDA, A RETIREE HEALTH BENEFITS / JUN 2014 312630 6/3/14 155.00 LIMFUECO, M RETIREE HEALTH BENEFITS / JUN 2014 312631 6/3/14 160.00 LINCOLN EQUIPMENT INC ONE TIME USE WRIST BANDS 312632 6/3/14 332.90 MAINTEX INC CITY-WIDE JANITORIAL SUPPLIES, PARTS, 312633 6/3/14 980.37 MALDONADO, J RETIREE HEALTH BENEFITS 1 JUN 2014 312634 6/3/14 130.00 MASON'S SAW RESCUE SAW. MS461 / FIRE 312635 6/3/14 1,221.78 MATIENZO, M RETIREE HEALTH BENEFITS / JUN 2014 312636 6/3/14 100.00 MC CABE RETIREE HEALTH BENEFITS / JUN 2014 312637 6/3/14 280.00 MEDINA, R RETIREE HEALTH BENEFITS / JUN 2014 312638 6/3/14 105.00 MOSSY NISSAN OIL FILTER 312639 6/3/14 264.23 MUNICIPAL MAINTENANCE EQUIP CURTAIN CLAMP/BALL VALVE 312640 6/3/14 627.71 MURRAY, J RETIREE HEALTH BENEFITS / JUN 2014 312641 6/3/14 150.00 MYERS, B RETIREE HEALTH BENEFITS / JUN 2014 312642 6/3/14 140.00 NALEO MEMBERSHIP - SOTELO-SOLIS 312643 6/3/14 300.00 NATIONAL CITY CHAMBER NC MARKETING DISCTRICT FEE MAR 2014 312644 6/3/14 24, NOSAL, W RETIREMENT SETTLEMENT / JUN 2014 312645 6/3/14 1,. NOTEWARE, D RETIREE HEALTH BENEFITS / JUN 2014 312646 6/3/14 120.00 OCHOA, I RETIREE HEALTH BENEFITS / JUN 2014 312647 6/3/14 125.00 OFFICE FURNITURE FINDERS OFFICE FURNITURE FOR NUTRITION 312648 6/3/14 13,861.53 PAPA, E REFUND - NC3140301013 CITATION 312649 6/3/14 20.00 PAUU JR, P RETIREE HEALTH BENEFITS / JUN 2014 312650 6/3/14 340.00 PAYEE PEASE JR, D PERFORMANCE CASTERS PETERS, S POST, R POTTER, C PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RAMONA PAVING RAULSTON, B RAY, S RCP BLOCK & BRICK INC RELIABLE TIRE CO ROARK, L ROE, V ROTH STAFFING COMPANIES L P RUIZ, J SAN DIEGO DAILY TRANSCRIPT QDCDA G&E �RVATIUS,J SHORT, C SMART SOURCE OF CA LLC SMITH, A SMITH, J SOUTH COAST EMERGENCY STAPLES ADVANTAGE STRASEN, W SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO INC TIPTON, B TRIVIZ, R U S BANK U S HEALTHWORKS UNITED PARCEL SERVICE UNITED RENTALS URIAS, N URS CORPORATION WEST PAYMENT CENTER WESTERN SIGN WHITE, J ZIETLOW, D ZED PAYMENTS i RISTAR RISK MANAGEMENT WARRANT REGISTER # 49 6/3/2014 DESCRIPTION RETIREE HEALTH BENEFITS / JUN 2014 5X1 SWIVEL RETIREE HEALTH BENEFITS / JUN 2014 RETIREE HEALTH BENEFITS / JUN 2014 RETIREE HEALTH BENEFITS / JUN 2014 8TH ST. SMART GROWTH MOP 45742 LAUNDRY SERVICES 8TH STREET SAFETY ENHANCEMENT TRAVEL REIMBURSEMENT RETIREE HEALTH BENEFITS / JUN 2014 RUBBLE- BAJA CRESTA PASSENGER TIRES RETIREE HEALTH BENEFITS / JUN 2014 RETIREE HEALTH BENEFITS / JUN 2014 12989349 OMAR MANZANAREZ RETIREE HEALTH BENEFITS / JUN 2014 CIVIC FACILITIES AIR COND PROJECT DIGITAL FORENSIC EXAMINATIONS GAS & ELECTRIC SERVICE/ NUTRITION RETIREE HEALTH BENEFITS / JUN 2014 RETIREE HEALTH BENEFITS / JUN 2014 MOP'63845 INSPECTION REQUEST PADS ED REIMBURSEMENT RETIREE HEALTH BENEFITS / JUN 2014 WASHER, TABBED, NUT, JAM, HEX 3230711361/3230711364/3230711363 OFFICE SUPP RETIREE HEALTH BENEFITS / JUN 2014 TACK OIL, 3/8 SHEET & COLDMIX ASPHALTS FACILITIES DIVISION WATER FY 2014 FOOD / NUTRITION CENTER RETIREE HEALTH BENEFITS / JUN 2014 RETIREE HEALTH BENEFITS / JUN 2014 CREDIT CARD EXP - SA MEDICAL SERVICES UPS SHIPMENT CONCRETE TRAILER RETIREE HEALTH BENEFITS / JUN 2014 KIMBALL NUTRICION CTR CA CODE UPDATES REFUND -PERMIT 2014-3879: 3007 HIGHLAND AVE RETIREE HEALTH BENEFITS / JUN 2014 RETIREE HEALTH BENEFITS / JUN 2014 APR 2014 WC REPLENISHMENT 3/4 CHK NO DATE AMOUNT 312651 6/3/14 140.00 312652 6/3/14 85.32 312653 6/3/14 290.00 312654 6/3/14 280.00 312655 6/3/14 150.00 312656 6/3/14 89,087.71 312657 6/3/14 467.07 312658 6/3/14 137,792.03 312659 6/3/14 318.00 312660 6/3/14 190.00 312661 6/3/14 1,977.91 312662 6/3/14 135.50 312663 6/3/14 135.00 312664 6/3/14 120.00 312665 6/3/14 2,161.47 312666 6/3/14 310.00 312667 6/3/14 2,857.80 312668 6/3/14 12,000.00 312669 6/3/14 2,317.14 312670 6/3/14 340.00 312671 6/3/14 300.00 312672 6/3/14 346.36 312673 6/3/14 209.00 312674 6/3/14 320.00 312675 6/3/14 334.67 312676 6/3/14 1,041.82 312677 6/3/14 135.00 312678 6/3/14 258.55 312680 6/3/14 27,103.05 312681 6/3/14 1,793.43 312682 6/3/14 250.00 312683 6/3/14 135.00 312684 6/3/14 637.88 312685 6/3/14 443.00 312686 6/3/14 24.25 312687 6/3/14 235.76 312688 6/3/14 125.00 312689 6/3/14 5,984.00 312690 6/3/14 128.15 312691 6/3/14 195.60 312692 6/3/14 230.00 312693 6/3/14 150.00 A/P Total 514,807.19 458750 5/29/14 44,191.03 SECTION 8 HAPS PAYMENTS Start Date 5/28/2014 End Date 6/3/2014 687,032.76 4/4 WARRANT REGISTER# 49 6/3/2014 PAYEE DESCRIPTION CHK NO DATE AMOUNT GRAND TOTAL $ 1,246 ,030.98 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'I'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 5th OF AUGUST, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 5, 2014 AGENDA ITEM NO.14 ITEM TITLE: Warrant Register #50 for the period of 6/04/14 through 6/10/14 in the amount of $1,670,397.92. (Finance) PREPARED BY: K. Apalategui! DEPARTMENT: Finan e PHONE: 019_336-43311 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 6/04/14 through 6/10/14. In accordance with Finance Department policy, below is an explanation of all warrants above $50,000.00. Vendor Check Amount Explanation City of San Diego 312729 57,463.00 Fire Dispatch Services / Fire Health Net, Inc 312744 57,650.58 INS R1192A —June 2014 Kaiser Foundation 312748 169,546.31 INS Active — June 2014 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $1,670,39.7.92. APPROVED: Finance 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 $1,670,397.92. BOARD / COMMISSION RECOMMENDATION: IN/A ATTACHMENTS: (Warrant Register #50 PAYEE CAPCA ROSALES AMAZON AMERICAN LIBRARY ASSOC BAKER & TAYLOR CITY OF NATIONAL CITY FIRST BOOK NATIONAL OFFICE FRIENDS OF THE READ S D GRASS ROOTS PRESS INTERSTATE BOOKS4SCHOOL ISRAEL MALDONADO MEG SCHOFIELD MIDWEST TAPE NEW READERS PRESS PEDIA LEARNING INC SCLLN SMART & FINAL SPRINT 'APLES ADVANTAGE SHOPPER INC TUMBLEWEED PRESS INC WILSON LANGUAGE TRAINING XEROX CORPORATION YOGA RASCALS CHRISTENSEN & SPATH LLP EDCO DISPOSAL CORPORATION OPPER & VARCO LLP AEP CALIFORNIA LLC ART D NIELSEN PAINTING INC BEST BEST & KRIEGER ATTNY LAW BLACKIE'S TROPHIES AND AWARDS CAPF CALIFORNIA ASSOCIATION OF CODE CALIFORNIA ASSOCIATION OF CODE CALIFORNIA LAW ENFORCEMENT CINTAS DOCUMENT MANAGEMENT CITY OF SAN DIEGO COX COMMUNICATIONS DANIELS TIRE SERVICE DAY WIRELESS SYSTEMS DELTA DENTAL DELTA DENTAL INSURANCE CO ^APARTMENT OF JUSTICE 30GENESIS LLC ,PIRITU, D GACITUA, C GARDNER & ASSOCIATES GRANICUS INC HEALTH NET HEALTH NET WARRANT REGISTER #50 6/10/2014 DESCRIPTION SEMINAR REGISTRATION / FINANCE REFUND / DIRECT DEPOSIT RETURNED BOOKS -AS NEEDED FOR FY 2014 SUPPLIES FOR LITERACY SERVICES BOOKS - AS NEEDED FOR FY 2014 ADDITIONAL 1.50% SALES TAX FROM BLANKETS CHILDREN BOOKS - DELIGHTFUL DOLLS REGISTRATION FEE FOR READ/SAN DIEGO BOOKS FOR THE LITERACY COLLECTION GIVEAWAY BOOKS FOR FFL PERFORMER FOR LIBRARY VOLUNTEER TUTORING TECHNIQUES DVD SET DVD'S AS NEEDED FOR FY 2014 BOOKS FOR THE LITERACY COLLECTION SUPPLIES FOR LITERACY SERVICES 2014 MEMBERSHIP DUES FOR (S.C.L.L.N.) MOP #45756 - SUPPLIES FOR FFL VIDEO CONFERENCING, LONG DISTANCE LASER COPY PAPER DVD PROCESSING SUPPLIES ON-LINE SUBSCRIPTION TO TUMBLEBOOK SUPPLIES FOR LITERACY TUTORS/LEARNERS XEROX BASE CHARGES AND OVERAGES KIDS/FAMILY YOGA CLASS FOR JUNE 17 LEGAL / WESTSIDE TOD WASTE DISPOSAL SERVICES / S A LEGAL / TOD / S A RAY ALLEN EZ1 K9 TRANSPORT KENNEL / PD CITY-WIDE PAINTING / PW LIABILITY CLAIM COSTS MOP 67727 METAL NAME TAG - PD FIRE LTD JUNE 2014 MEMBERSHIP DUES FOR NEIGHBORHOOD SVCS MEMBESHIP DUES FOR CCO-OLSON PD LTD JUNE 2014 MONTHLY SHREDDING FIRE DISPATCH SVCS - 4/1/2014 - 6/30/201 COMMUNICATIONS DATA ASSURANCE MOUNT PASSENGER RADIO MAINTENANCE SERVICE DENTAL INS PREMIER -JUNE 2014 DENTAL INS - JUNE 2014 INVESTIGATIVE SERVICES ERGONOMIC CHAIRS / CITY MANAGER REIMBURSEMENT - MAY 1, 2014 REIMB - LCC'S SPRING CONFERENCE 2014 CUSTOM STICK ON JR. OVAL BADGES / PD GRANICUS WEBCASTING / JUNE 2014 FULL NETWORK 57135A - JUNE 2014 INS FOR JUNE 2014 CHK NO 312554 312555 312695 312696 312697 312698 312699 312700 312701 312702 312703 312704 312705 312706 312707 312708 312709 312710 312711 312712 312713 312714 312715 312716 312717 312718 312719 312720 312721 312722 312723 312724 312725 312726 312727 312728 312729 312730 312731 312732 312733 312734 312735 312736 312737 312738 312739 312740 312741 312742 DATE 6/4/14 6/4/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 6/10/14 1/2 AMOUNT 300.00 347.09 6,297.25 121.40 1,000.20 14.65 138.20 385.00 637.65 68.89 150.00 125.00 86.73 489.28 115.46 150.00 37.10 11.59 580.86 1,119.91 599.00 442.26 273.66 90.00 3,602.50 110.23 2,892.50 5,072.84 1,635.00 1,665.40 12.96 624.00 75.00 75.00 1,960.00 92.95 57,463.00 49.66 1,923.90 30.00 14,445.29 2,965.38 490.00 1,298.88 100.50 104.56 1,135.00 1,477.35 5,153.90 1,528.85 PAYEE HEALTH NET HEALTH NET INC HOME DEPOT CREDIT SVCS HONEYWELL INTERNATIONAL INC INNOVATIVE CONSTRUCTION KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS LAWTECH PUBLISHING COMPANY LOPEZ, T MAN K-9 INC. METRO FIRE & SAFETY MTS OFFICE SOLUTIONS BUSINESS OFFICER SURVIVAL SOLUTIONS PRO BUILD RED WING SHOES ROBERT HALF LEGAL ROBERT HALF LEGAL SAFRAN MORPHOTRUST SAN DIEGO COMMUNITY COLLEGE SAN DIEGO MIRAMAR COLLEGE SASI SCANNING SERVICE CORPORATION SDG&E SMART & FINAL SMART SOURCE OF CA LLC STAPLES ADVANTAGE SWEETWATER UNION HS DISTRICT TARGET SPECIALTY PRODUCTS TELLEZ, M THE LINCOLN NATIONAL LIFE INS U S BANK UNITED RENTALS VERIZON WIRELESS W L BUTLER INC WILLY'S ELECTRONIC SUPPLY WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 12 5/13/2014 WARRANT REGISTER #50 6/10/2014 DESCRIPTION INS N5992A - JUNE 2014 INS R1192A - JUNE 2014 BOWL BRUSH/SCRUB SPONGE/WIPES INV42155/42156 AC REPAIR TO COUNCIL CHAMBER HUD CDBG LABOR STANDARDS KAISER INS ACTIVE - JUNE 2014 RETIREES INS THRU CALPERS - JUNE 2014 RETIREES INS - JUNE 2014 HSA INS - JUNE 2014 GRP #104220-0005 2014 QUIK-CODE PENAL CODE CA ED TRANSLATION SERVICES WEEKLY MAINTENANCE TRAINING ANNUAL FIRE EXTINUGISHER, SYSTEM MTS FLAGGER SERVICES FOR GRAFFITI DEPOSIT / HON CHAIRS / POLICE OSS, PPK, PATROL PACK, CUSTOM - PD REDWOOD ROUGH, PT DOUGLAS ROUGH SAFETY BOOT / PW TEMPORARY STAFF - E CONTRERAS TEMPORARY STAFF - E CONTRERAS INVESTIGATIVE SERVICES PC 832 CLASS FOR CCO SOSA / NSD TUITION: ROT/CPT TRAINING OPEN ENROLLMENT DOCUMENT SCANNING/DATABASE/MAINTENANCE FACILITIES DIVISION GAS & ELECTRIC MOP 45756 MISC SUPPLIES - SA PARKING VIOLATION NOTICE PD220 MOP 45704 OFFICE SUPPLIES - MIS SPECIAL TAXES FOR CENTRO UNIT ROUNDUP PROMAX SUBSISTENCE -COMMAND COLLEGE SESSION #2 LIFE & AD&D, STD, LTD INS JUNE 2014 CREDIT CARD PAYMENT - HR CONCRETE TRAILER, MIXER VERIZON CELL SERVICE / 4/2/14 - 5/01/14 REFUND-T&A 1574 COSTCO 1001 W 19TH ST MOP 45763 VANCO MOUNT FLAT - MIS SERVICE PERIOD 05/12/14 - 05/26/14 End Date 5/26/2014 Check Date 6/4/2014 GRAND TOTAL 2/2 CHK NO DATE AMOUNT 312743 6/10/14 525.07 312744 6/10/14 57,650.58 312745 6/10/14 224.87 312746 6/10/14 2,331.97 312747 6/10/14 1,026.00 312748 6/10/14 169,546.31 312749 6/10/14 20,300.73 312750 6/10/14 10,346.37 312751 6/10/14 2,207.11 312752 6/10/14 1,181.54 312753 6/10/14 210.00 312754 6/10/14 865.00 312755 6/10/14 170.00 312756 6/10/14 47.77 312757 6/10/14 8,216.80 312758 6/10/14 5,297.40 312759 6/10/14 3,668.67 312760 6/10/14 125.00 312761 6/10/14 1, 312762 6/10/14 312763 6/10/14 20.00 312764 6/10/14 132.00 312765 6/10/14 46.00 312766 6/10/14 35.00 312767 6/10/14 8,079.81 312768 6/10/14 29,422.92 312769 6/10/14 569.04 312770 6/10/14 2,352.62 312771 6/10/14 512.78 312772 6/10/14 731.30 312773 6/10/14 444.22 312774 6/10/14 780.00 312775 6/10/14 8,839.66 312776 6/10/14 2,066.53 312777 6/10/14 190.80 312778 6/10/14 2.20 312779 6/10/14 12,433.24 312780 6/10/14 37.06 A/P Total 471,565.76 6052014 6/5/14 301,933.19 896,898.97 $ 1,670,397.92 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 5th OF AUGUST, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 5, 2014 AGENDA ITEM NO. ITEM TITLE: Warrant Register #51 for the period of 6/11/14 through 6/17/14 in the amount of $475,260.92. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Finance PHONE: 19-336-4331, APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 6/11/14 through 6/17/14. In accordance with Finance Department policy, below is an explanation of all warrants above $50,000.00. Vendor Check Amount Explanation EC Constructors Inc 312819 154,309.58 Aquatic Center YMCA of San Diego Co 312894 50,000.00 Day Camp Subsidy FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $475,260.92. APPROVED: W Finance 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 $475,260.92. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #51 PAYEE MARQUEZ, J NEGRETE, J MEYERS NAVE OPPER & VARCO LLP SDG&E 4 IMPRINT INC AFFORDABLE BUTTONS COM AFLAC AIRGAS WEST ALDEMCO ALL FRESH PRODUCTS ARCO GASPRO PLUS AT&T MCI BLACKIE'S TROPHIES AND AWARDS BROADWAY AUTO ELECTRIC CA DEP OF PUBLIC HEALTH CALIFORNIA DIESEL COMPLIANCE CALIFORNIA ELECTRIC SUPPLY `" F.BSTER, C 2ISTENSEN & SPATH LLP _.TY NATIONAL BANK CLEAN HARBORS COMMERCIAL AQUATICS SERVICES CORDERO, E CORNEJO, J COUNTY OF SAN DIEGO COX COMMUNICATIONS D.E. WILLIAMS SHIELDS D'ALESIO INC. DALEY & HEFT LLP DALEY & HEFT LLP DALLAS CHILDREN'S DALLAS MARRIOTT CITY CENTER DANIELS TIRE SERVICE DAY WIRELESS SYSTEMS DIVISION 8 INCORPORATED DREW FORD HYUNDAI DUPESHOP EC CONSTRUCTORS INC ECONOMY RESTAURANT EQUIPMENT & ENVIRONMENTAL H S LABORATORIES EXPERIAN FALLEN OFFICERS FUND 1_LEN OFFICERS FUND JEX FERGUSON ENTERPRISES INC FIRE ETC FON-JON KENNELS FUN FLICKS WARRANT REGISTER #51 6/17/2014 DESCRIPTION 2015 SCHOLARSHIP / FIRE 2015 SCHOLARSHIP / FIRE LEGAL / NC VS SANDOVAL LEGAL / WITOD GAS AND ELECTRIC UTILITIES / S A 2015 STATE OF THE CITY JARS I LOVE NATIONAL CITY BUTTONS ACCT BDM36 - JUNE 2015 MOP 45714 MATERIALS & SUPPLIES CONSUMABLES/NON CONSUMABLES FOOD FOR NUTRITION CENTER FUEL FOR CITY FLEET AS NEEDED FY 2014 ATT PHONE SERVICE / 4/13/14 - 5/12/14 MOP 67727 METAL NAME TAG - PD ELECTRICAL PARTS FOR CITY VEHICLES RENEWAL OF LEAD INSPECTOR -CERTIFICATION SMOKE OPACITY TEST FOR CITY VEHICLES MOP 45696 ELECTRICAL MATERIALS LIABILITY CLAIM COSTS LEGAL / WRIT CASE - WILLIS / SEC 9 LEASE #10-005 PAYMENT #16 HAZARDOUS WSTE PICKUP FOR FISCAL YEAR CITY-WIDE PUMP, MOTOR, ELECTRICAL REIMB - REFRESHMENTS FOR - R3G MULTIAGEN SUBSISTENCE - CULTURAL IMMERSION ASSESSORS PARCEL MAPS / GRANTS COX COMMUNICATIONS DATA FY15 7 IN PASSPORT SHIELD STYLE "34" TRUCK WHITE MAGNETS / FIRE LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS TUITION: CRIMES AGAINST CHILDREN SUBSISTENCE - CRIME AGAINST CHILDREN MOP 76986 TIRES MODEL 3 HOUSING, LABEL MOTO FRONT LABOR, MATERIALS REPAIRS 5 EXISTING MOP 49078 AUTOMOTIVE PARTS 2015 STATE OF THE CITY DVD'S AQUATIC CENTER ICE CUBER WITH BIN, MANITOWOC PACKED LEAD WIPE FOR CREDIT CHECKS FOR NEW POLICE TUITION: SOUTHER CA GANG CONFERENCE TUITION: SOUTHERN CA GANG CONFERENCE 2-670-89362 FEDEX SERVICE - HOUSING MOP 45723 SEWER MATERIALS MEDIUM STRUCTURAL GLOVES KENNEL FEES FOR POLICE K9'S MOVIES IN THE PARK CHK NO DATE 312781 6/17/14 312782 6/17/14 312783 6/17/14 312784 6/17/14 312785 6/17/14 312786 6/17/14 312787 6/17/14 312788 6/17/14 312789 6/17/14 312790 6/17/14 312791 6/17/14 312792 6/17/14 312793 6/17/14 312794 6/17/14 312795 6/17/14 312796 6/17/14 312797 6/17/14 312798 6/17/14 312799 6/17/14 312800 6/17/14 312801 6/17/14 312802 6/17/14 312803 6/17/14 312804 6/17/14 312805 6/17/14 312806 6/17/14 312807 6/17/14 312808 6/17/14 312809 6/17/14 312810 6/17/14 312811 6/17/14 312812 6/17/14 312813 6/17/14 312814 6/17/14 312815 6/17/14 312816 6/17/14 312817 6/17/14 312818 6/17/14 312819 6/17/14 312820 6/17/14 312821 6/17/14 312822 6/17/14 312823 6/17/14 312824 6/17/14 312825 6/17/14 312826 6/17/14 312827 6/17/14 312828 6/17/14 312829 6/17/14 1/J AMOUNT 1,000.00 1,000.00 5,370.00 7,020.00 113.13 2,700.91 1,026.44 662.88 114.76 144.03 183.83 42,668.69 5,505.01 25.92 619.88 225.00 540.00 588.99 1,011.20 5,231.25 43,101.10 501.00 4,797.61 77.84 2,384.00 110.00 108.76 314.00 1,407.40 5,169.83 4,189.10 470.00 628.46 633.25 678.92 17,000.00 1,459.23 702.22 154,309.58 2,020.91 18.00 80.10 250.00 125.00 39.71 961.03 613.44 50.00 408.00 PAYEE GOVCONNECTION, INC. GRAINGER GTC SYSTEMS INC HANDY METAL MART INC HDL COREN & CONE HEALTH & HUMAN HINDERLITER DE LLAMAS & ASSOC HYDRO SCAPE PRODUCTS INC INDEPENDENT FORENSIC SERVICES IRON MOUNTAIN JUDD ELECTRIC KNOX ATTORNEY SERVICE INC KNOX ATTORNEY SERVICE INC LAND USE NAVIGATORS LANGUAGE LINE SERVICES LASER SAVER INC LORONA, E MALLORY SAFETY & SUPPLY LLC MARCHANTE,A MARCHANTE, A MUNICIPAL EMERGENCY SERVICES NATIONAL CHILD ID PROGRAM NATIONAL,CITY CAR WASH NATIONAL CREDIT REPORTING OLIVER PACKAGING ORKIN PEST CONTROL PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY RELIANCE STANDARD SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO POLICE EQUIPMENT SAN DIEGO PR SDG&E SEAPORT MEAT COMPANY SMART & FINAL SMART SOURCE OF CA LLC SMITH, A SOUTH COUNTY BUICK GMC SPARKLETTS STAPLES ADVANTAGE SWANK MOTION PICTURES INC SWEETWATER AUTHORITY SYSCO SAN DIEGO INC THE BANK OF NEW YORK WARRANT REGISTER #51 6/17/2014 DESCRIPTION SAMSUNG 60" HD LED-LCD H6350 MOP 65179 SMALL TOOLS CATALYST SWITCH/EXPANSION PS FLAT BAR CONTRACT SVCS PROPERTY TAX EMPLOYEE ASST PROGRAM CONTRACT SVCS-SALES TAX 2ND QTR MOP 45720 VALVES & FITTINGS SART EXAMS RECORDS MGMNT/DOCUMENT STORAGE CITY-WIDE ELECTRIC REPAIRS FY 2014 LIABILITY CLAIM COSTS DELIVERED FILE TRAINING -THE SUBDIVISION MAP ACT LANGUAGE LINE INTERPRETATION MOP 45725. INK CARTRIDGES / SEC 8 REIMB - LICENSE FLOW TEST ON BREATHING APPARATUS REIMB - LABOR STANDARDS & ENFORCEMENT REIMB - BINDERS FOR WITOD FIRE EQUIPMENT HOSE CHILD ID KITS / POLICE CAR WASHES FOR CITY FLEET FY 2015 CREDIT REPORTING FOR S9 HOME DELIVERED TRAYS & CONSUMABLES CITY-WIDE PEST MAINTENANCE FOR FY 2014 MOP 72448 R&M AUTOMOTIVE JANITORIAL SUPPLIES R&M CITY VEHICLES AS NEEDED MOP 67839 AUTOMOTIVE PARTS SHEATING/COATED COMMON NAIL MOP 45742 LAUNDRY SERVICES VOLUNTARY LIFE INS - MAY 2015 TUITION: REGIONAL OFFICER TRAINING TUITION: CPR/FIRST AID/AED UPDATE BALLISTIC RIFLE PLATE LAYOUT, EDITING OF NC NEWS FACILITIES DIVISION GAS & ELECTRIC FOOD (MEAT AND FISH) FOR NUTRITION MOP 45756 MISC SUPPLIES - PD B/L APPLICATION FORMS REIMB - TRAVEL-CFED WEST 2014 CONFERENCE OIL CHANGE, REMOVE & REPLACED OIL WATER/DELIVERY FOR NUTRITION MOP 45704 OFFICE SUPPLIES - PD SUMMER MOVIES IN THE PARK 6/13115 PARKS DIVISION WATER FY 2015 FOOD & CONSUMABLES CUSTODIAN FEES CHK NO DATE AMOUNT 312831 6/17/14 4,303.07 312832 6/17/14 1,060.62 312833 6/17/14 6,840.67 312834 6/17/14 12.75 312835 6/17/14 2,640.00 312836 6/17/14 737.48 312837 6/17/14 2,538.88 312838 6/17/14 1,304.81 312839 6/17/14 4,413.00 312840 6/17/14 148.00 312841 6/17/14 2,100.00 312842 6/17/14 173.32 312843 6/17/14 19.50 312844 6/17/14 350.00 312845 6/17/14 33.41 312846 6/17/14 350.71 312847 6/17/14 41.00 312848 6/17/14 18.37 312849 6/17/14 1,022.18 312850 6/17/14 312851 6/17/14 5.• 312852 6/17/14 1,653.60 312853 6/17/14 365.00 312854 6/17/14 261.75 312855 6/17/14 1,512.00 312856 6/17/14 375.73 312857 6/17/14 270.00 312858 6/17/14 330.42 312859 6/17114 4,121.46 312860 6/17/14 1,113.69 312861 6/17/14 6,984.67 312862 6/17/14 508.72 312863 6/17/14 2,608.46 312864 6/17/14 46.00 312865 6/17/14 23.00 312866 6/17/14 4,724.06 312867 6/17/14 500.00 312868 6/17/14 202.49 312869 6/17/14 657.94 312870 6/17/14 188.91 312871 6/17/14 962.69 312872 6/17/14 192.97 312873 6/17/14 54.45 312874 6/17/14 1' F4 312875 6/17/14 312876 6/17/14 312877 6/17/14 2,100.53 312878 6/17/14 1,993:93 312879 6/17/14 300.00 PAYEE THE CENTRE FOR ORGANIZATION THE CENTRE FOR ORGANIZATION THE LEW EDWARDS GROUP TORREY PINES BANK U S BANK ULINE UNION TRIBUNE UNITED PARCEL SERVICE VCA EMERGENCY ANIMAL HOSPITAL VERIZON WIRELESS VISUAL CLICK SOFTWARE INC WALTERS, W WEST PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY YMCA OF SAN DIEGO COUNTY SECTION 8 HAPS PAYMENTS WARRANT REGISTER #51 6/17/2014 DESCRIPTION LIBRARY STRATEGIC PLANNING WORKSHOP/INTEGRATION SESSION STRATEGIC ANALYSIS RETENTION ESCROW AQUATIC CENTER CREDIT CARD EXP - FIRE POLYBAG, BAG ON ROLL LEGAL NOTICES ADVERTISING UPS SHIPMENT - FIRE STRAY ANIMAL VET CARE / POLICE VERIZON CELL SERVICE / 4/22/14 - 5/21/14 VISUAL CLICK LICENSE RENEWAL REIMB - EDUCATIONAL CLEAR INVESTIGATIVE DATABASES MOP 45763 MISC SUPPLIES - MIS DAY CAMP SUBSIDY Start Date 6/11/2014 End Date 6/17/2014 GRAND TOTAL J/J CHK NO DATE AMOUNT 312880 6/17/14 3,185.00 312881 6/17/14 2,578.00 312882 6/17/14 3,246.75 312883 6/17/14 8,121.56 312884 6/17/14 900.00 312885 6/17/14 198.76 312886 6/17/14 1,386.80 312887 6/17/14 63.72 312888 6/17/14 77.48 312889 6/17/14 6,361.66 312890 6/17/14 2,805.00 312891 6/17/14 546.25 312892 6/17/14 455.11 312893 6/17/14 143.62 312894 6/17/14 50,000.00 A/P Total 467,570.92 7,690.00 $ 475,260.92 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 NAT1VIDAD, 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 5th OF AUGUST, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 5, 2014 AGENDA ITEM NO. 116 ITEM TITLE: Warrant Register #52 for the period of 6/18/14 through 6/24/14 in the amount of $2,275,621.33. (Finance) PREPARED BY: K. Apalategui' DEPARTMENT: Finga/ne PHONE: I619-336-4331', APPROVED BY: .%v( EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 6/18/14 through 6/24/14. In accordance with Finance Department policy, below is an explanation of all warrants above $50,000.00. Vendor Check Amount Explanation Dixieline Builders 312912 69,990.00 PAL Gen Engineering 312948 567,829.19 SDG&E 312959 72,690.15 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $2,275,621.33. Home Rehab Program 921 E 13th Street 8th Street Smart Growth Project Facilities Gas & Electric APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $2,275,621.33. BOARD / COMMISSION RECOMMENDATION: IN/A ATTACHMENTS: Warrant Register #52 PAYEE AIRGAS WEST ALDEMCO ALERT -ALL CORPORATION ALL FRESH PRODUCTS BANK OF AMERICA PUBLIC BEST BUY CO., INC BOOT WORLD CALIFORNIA ELECTRIC SUPPLY CHILDREN'S HOSPITAL CULLIGAN OF SAN DIEGO D.E. WILLIAMS SHIELDS THEREAULT, D DAY WIRELESS SYSTEMS DIXIELINE BUILDERS DOKKEN ENGINEERING DTSC ACCOUNTING UNIT DUPESHOP EC CONSTRUCTORS INC lUIFAX INFORMATION SVCS TRUCK & EQUIPMENT CO. INC. FIRE ETC GEORGE H WATERS NUTRITION CTR GOODYEAR TIRE & RUBBER COMPANY GOVCONNECTION, INC. GRAINGER HERNANDEZ, A HERNANDEZ,A HYDRO SCAPE PRODUCTS INC JEL CONTRUCTION INC JERAULDS CAR CARE CENTER JOHN DEERE LANDSCAPES KONICA MINOLTA L C ACTION LASER SAVER INC LEARNSOFT CONSULTING INC COLARUSSO, L LUNT, D MARCHANTE,A MASON'S SAW MAXIMUM CANINE INC. MELLADO DESIGNS METRO AUTO PARTS DISTRIBUTOR MORALES, I 3LE, N ?A AUTO PARTS NATIONAL CITY AUTO TRIM NATIONAL CITY CHAMBER NATIONAL CITY CHAMBER PADRE JANITORIAL SUPPLIES PAL GENERAL ENGINEERING INC WARRANT REGISTER #52 6/24/2014 DESCRIPTION MOP 45714 MATERIALS & SUPPLIES FOOD / NUTRITION PRODUCT NUMBER 020 / FIRE FOOD / NUTRITION CENTER CAT LOADER EQUIP LEASE PAYMENT FIFA 14' XBOX 360 GAME / CSD MOP 64096 WEARING APPAREL MOP# 45698 ELECTRICAL MATERIALS CHILD ABUSE EXAMS WATER / NUTRITION CAPTAINS SHIELDS W/IDENTIFIER / FIRE REFUND OF PERF DEPOSIT T&A 90011 SALES TAX PENDING HOME REHAB PROGRAM / 921 E 13TH STREET PLAZA BLVD. WIDENING EPA FEES FOR JUL 2013 - JUN 2015 VIDEO EDITING FOR STATE OF THE CITY 1727 WILSON AVENUE CREDIT CHECK SVC FOR SEC 9 DIAGNOSE AND REPAIR ON NC NOT COOLING FIRE LINE PERSONAL BAG / FIRE TINY TOTS GRADUATION CELEBRATION MOP 72654 TIRES CISCO 24 PORT SWITCH C3850-24P-E / MIS MOP 65179 BUILDING MATERIAL LEADERSHIP INSTITUTE SESSION 8 LEADERSHIP INSTITUTE SESSION 7 MOP 45720 VALVES & FITTINGS REFUND -CUSTOMER OVERPAYMENT ENGINE OIL - 10W30 / PW MOP 69277 PLANTING MATERIALS COPIER EQUIPMENT LEASE 4/1/14 - 4/30/15 TRADE-IKN, HK MP5, 9MM W/1 MAG / PD LS PREMIUM HP3800 TONER BLACK / PD LEARNSOFT MICROSOFT TRAINING REFUND FOR BALANCE ADJUSTMENT MILEAGE REIMBURSEMENT / WH-FINANCE THREE LIC FOR SNAGIT GOVERNMENT MOP 45729 MOBILE TOOLS GLASS TRAINING JARS / POLICE TSHIRTS WITH NC LOGO NAME & TITLE MOP 75943 AUTOMOTIVE PARTS GOLF COURSE LEASE PAYMENT FY 2016 RECORDING AND FILING FEE REIMB MOP 45735 AUTOMOTIVE PARTS MOP# 72441 R&M AUTOMOTIVE EQUIPMENT MARKETING DISTRICT FEE APRIL 2015 MEMBERSHIP DUES JANITORIAL SUPPLIES / NUTRITION 8TH ST SMART GROWTH PROJECT 1/2 CHK NO DATE AMOUNT 312899 6/24/14 327.99 312900 6/24/14 4,496.78 312901 6/24/14 806.60 312902 6/24/14 1,691.30 312903 6/24/14 3,077.02 312904 6/24/14 207.96 312905 6/24/14 116.62 312906 6/24/14 132.34 312907 6/24/14 882.00 312908 6/24/14 223.50 312909 6/24/14 683.00 312910 6/24/14 15,343.01 312911 6/24/14 2.40 312912 6/24/14 69,990.00 312913 6/24/14 19,485.97 312914 6/24/14 200.00 312915 6/24/14 195.00 312916 6/24/14 47,936.95 312917 6/24/14 138.00 312918 6/24/14 675.00 312919 6/24/14 3,989.40 312920 6/24/14 135.70 312921 6/24/14 202.69 312922 6/24/14 18,047.92 312923 6/24/14 932.63 312924 6/24/14 468.00 312925 6/24/14 468.00 312926 6/24/14 719.49 312927 6/24/14 10.00 312928 6/24/14 739.18 312929 6/24/14 513.54 312930 6/24/14 15,064.59 312931 6/24/14 24,549.38 312932 6/24/14 905.95 312933 6/24/14 14,880.00 312934 6/24/14 50.00 312935 6/24/14 90.07 312936 6/24/14 128.85 312937 6/24/14 285.34 312938 6/24/14 364.91 312939 6/24/14 98.10 312940 6/24/14 849.74 312941 6/24/14 2,000.00 312942 6/24/14 57.00 312943 6/24/14 153.01 312944 6/24/14 179.85 312945 6/24/14 23,805.64 312946 6/24/14 100.00 312947 6/24/14 62.90 312948 6/24/14 567,829.19 PAYEE PERRY FORD PRO BUILD PROGRESSIVE SOLUTIONS INC RCP BLOCK & BRICK INC REINVENTING NUTRITION ROLANDO, J RON BAKER CHEVROLET SAFDIE RABINES ARCHITECTS SAN DIEGO MIRAMAR COLLEGE SANTANA, H SDG&E SEAPORT MEAT COMPANY SOUTHWEST SIGNAL SERVICE STAPLES ADVANTAGE SWEETWATER AUTHORITY SYSCO SAN DIEGO INC TAB PRODUCTS CO THE LIGHTHOUSE INC TOMINNA, J TORREY PINES BANK URS CORPORATION VALLEY INDUSTRIAL SPECIALTIES VISION SERVICE PLAN (CA) WALLIN, B WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZIONS BANK WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 13 5/27/2014 WARRANT REGISTER #52 6/24/2014 DESCRIPTION R&M CITY VEHICLES AS NEEDED 1X8 - 8 RWD QUALITY AS S4S / PW SOFTWARE MAINTENANCE CASHIER CENTRAL ALUMINUM FRESNO-BULLFLOAT / PW SMOOTHIE DAY CLASS REFUND - CUSTOMER OVERPAYMENT MOP 45751 AUTOMOTIVE EQUIPMENT AQUATIC CENTER PROJECT FIELD TRAINING OFFICER REFUND / AUTOMATIC CALPERS DEDUCTION FACILITIES DIVISION GAS & ELECTRIC FOOD / NUTRITION CENTER TRAFFIC SIGNAL & STREET LIGHTING MOP 45704. OFFICE SUPPLIES / MYR FACILITIES DIVISION WATER FY 2015 FOOD & CONSUMABLES / NUTRITION OFFICE SUPPLIES CITY CLERK MOP# 45726 AUTOMOTIVE PARTS REFUND - BALANCE ADJUSTMENT 1727 WILSON AVENUE ESCROW KIMBALL MORGAN TOWERS MOP# 46453 PLUMBING MATERIALS VISION SERVICE PLAN JUNE 2015 REFUND - REVIEW BY DATATICKET MOP# 63850 AUTOMOTIVE PARTS MOP# 45763 AUTOMOTIVE PARTS LEASE PAYMENT FOR 800 MHZ EQUIPMENT SERVICE PERIOD 05/27/14 - 06/09/14 Start Date End Date End Date 6/9/2014 Check Date 6/18/2014 GRAND TOTAL CHK NO DATE 312949 6/24/14 312950 6/24/14 312951 6/24/14 312952 6/24/14 312953 6/24/14 312954 6/24/14 312955 6/24/14 312956 6/24/14 312957 6/24/14 312958 6/24/14 312959 6/24/14 312960 6/24/14 312961 6/24/14 312962 6/24/14 312963 6/24/14 312964 6/24/14 312965 6/24/14 312966 6/24/14 312967 6/24/14 312968 6/24/14 312969 6/24/14 312970 6/24/14 312971 6/24/14 312972 6/24/14 312973 6/24/14 312974 6/24/14 312975 6/24/14 AIP Total 6192014 6/19/14 2/2 AMOUNT 604.52 1,757.85 22,623.71 136.43 250.00 50.00 173.90 22,019.32 69.00 635.01 72,690.15 969.71 19,420.89 498.63 31,429.71 2,114.25 253.23 142.77 cn nrl 2 18, r o�.vJ 877.77 235.70 35.00 832.00 27.19 48,678.25 1,092,170.80 306,577.25 876,873.28 $ 2,275,621.33 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 5th OF AUGUST, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 5, 2014 AGENDA ITEM NO. 17 ITEM TITLE: Warrant Register #1 for the period of 6/25/14 through 7/01/14 in the amount of $957,253.96. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Financ PHONE: 1619-336-4331; APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 6/25/14 through 7/01/14. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Honeywell International 313030 57,222.72 City-wide Maintenance FY 2014 Tristar Risk Management 512179 44,959.53 May 2014 WC Replenishment Tristar Risk Management 512216 68,649.93 Prefund for Sherman Peters FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $957,253.96. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $957,253.96. BOARD / COMMISSION RECOMMENDATION: IN/Py ATTACHMENTS: Warrant Register #1 PAYEE MASON'S SAW TICOR TITLE COMPANY OF CA ACEDO, I ACTION TURBO REPAIR ALL FRESH PRODUCTS ALL THE KINGS FLAGS ALLEN, R ALPHA OMEGA SERVICES ALYSSA ROMERO AMEDEE, W ANDERSON,E ANGEL PETALS AQCS ENVIRONMENTAL ARGUS HAZCO ART D NIELSEN PAINTING INC ASSI SECURITY INC ASTRA RADIO COMMUNICATIONS BEARD, P iECK, L 3HOP, R 8OEGLER, C BOYD, P BPI PLUMBING CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CINTAS DOCUMENT MANAGEMENT CITY OF CHULA VISTA COLE, L CONDON, D COPY POST PRINTING CORPUZ, T DANESHFAR,Z DANIELS TIRE SERVICE DAY WIRELESS SYSTEMS DESROCHERS, P DI CERCHIO, A DION INTERNATIONAL TRUCK INC DREDGE, J DUNBAR ARMORED INC EISER III, G FABINSKI, D FIRE ETC GELSKEY,K `IBBS JR, R RAINGER GREEN MECHANICAL CONTRACTORS GROSSMAN PSYCHOLOGICAL GUNDERT, M HAAKER EQUIPMENT COMPANY HANSON, E WARRANT REGISTER # 1 7/1/2014 DESCRIPTION MOP 45729. LAWNMOWER PARTS / PARKS ESCROW DEPOSIT / 726 W 19TH STREET RETIREE HEALTH BENEFITS / JUL 2014 PARTS CLEAN TECH HORIZON AC MODULE FOOD / NUTRITION CENTER CITY-WIDE FLAGS, ACCESSORIES, POLES RETIREE HEALTH BENEFITS / JUL 2014 RESPIRATOR FIT TESTING, QUANTITATIVE MISS NATIONAL CITY 2013 SCHOLARSHIP HAZARD MITIGATION PLAN MEETING / AMEDEE RETIREE HEALTH BENEFITS / JUL 2014 MISS NATIONAL CITY FLOWERS CONSULTING SERVICES, HAZARDOUS MATERIAL RUBBER INLET NOZZLE RP-6 & GC-2003 CITY-WIDE PAINTING CITY-WIDE SECURITY REPAIRS FY 2014 ITEM #T33045, SURVEILLANCE KIT / POLICE RETIREE HEALTH BENEFITS / JUL 2014 RETIREE HEALTH BENEFITS / JUL 2014 RETIREE HEALTH BENEFITS / JUL 2014 RETIREE HEALTH BENEFITS / JUL 2014 RETIREE HEALTH BENEFITS / JUL 2014 CITY-WIDE PLUMBING SERVICE, REPAIR CITY-WIDE ELECTRONIC DOOR REPAIRS MOP# 45698 ELECTRICAL MATERIAL MONTHLY SHREDDING / POLICE ANIMAL SHELTER COSTS / MAY 2014 / POLICE RETIREE HEALTH BENEFITS / JUL 2014 RETIREE HEALTH BENEFITS / JUL 2014 IDEAL 100 STAMPS / POLICE RETIREE HEALTH BENEFITS / JUL 2014 RETIREE HEALTH BENEFITS / JUL 2014 TIRES FOR CITY FLEET COMM EQUIPMENT SERVICE / MAY 2014 RETIREE HEALTH BENEFITS / JUL 2014 RETIREE HEALTH BENEFITS / JUL 2014 2586042C91- RADIATOR RETIREE HEALTH BENEFITS / JUL 2014 ARMORED SERVICES / FINANCE RETIREE HEALTH BENEFITS / JUL 2014 RETIREE HEALTH BENEFITS / JUL 2014 HOSE TEE VALVES 1.5 NH X 1 NPSH RETIREE HEALTH BENEFITS / JUL 2014 RETIREE HEALTH BENEFITS / JUL 2014 MOP#65179 ELECTRICAL MATERIALS CITY-WIDE HVAC REPAIRS FY 2014 PRE -EMPLOYMENT PSYCHOLOGICAL EXAMS RETIREE HEALTH BENEFITS / JUL 2014 50- 3/8" X 36" SEWER ROTER RETIREE HEALTH BENEFITS / JUL 2014 CHK NO DATE AMOUNT 312976 7/1/14 2,301.79 312977 7/1/14 2,500.00 312978 7/1/14 160.00 312979 7/1/14 1,280.19 312980 7/1/14 94.98 312981 7/1/14 1,192.79 312982 7/1/14 125.00 312983 7/1/14 100.00 312984 7/1/14 300.00 312985 7/1/14 15.12 312986 7/1/14 110.00 312987 7/1/14 248.00 312988 7/1/14 330.00 312989 7/1/14 33.85 312990 7/1/14 3,065.00 312991 7/1/14 1,735.00 312992 7/1/14 217.91 312993 7/1/14 70.00 312994 7/1/14 140.00 312995 7/1/14 110.00 312996 7/1/14 260.00 312997 7/1/14 145.00 312998 7/1/14 645.33 312999 7/1/14 401.25 313000 7/1/14 465.62 313001 7/1/14 92.95 313002 7/1/14 27,954.94 313003 7/1/14 165.00 313004 7/1/14 280.00 313005 7/1/14 61.04 313006 7/1/14 140.00 313007 7/1/14 250.00 313008 7/1/14 574.87 313009 7/1/14 873.15 313010 7/1/14 110.00 313011 7/1/14 70.00 313012 7/1/14 1,650.89 313013 7/1/14 250.00 313014 7/1/14 17.77 313015 7/1/14 250.00 313016 7/1/14 220.00 313017 7/1/14 995.17 313018 7/1/14 115.00 313019 7/1/14 120.00 313020 7/1/14 24.30 313021 7/1/14 450.00 313022 7/1/14 4,000.00 313023 7/1/14 350.00 313024 7/1/14 907.43 313025 7/1/14 135.00 PAYEE HAUG, S HODGES,B HOME DEPOT CREDIT SVCS HONDO, E HONEYWELL INTERNATIONAL INC HYDRO SCAPE PRODUCTS INC JAMES, R JJJ ENTERPRISES JUNIEL, R KIMBLE, R LANDA, A LEXIPOL, LLC LIMFUECO, M LOPEZ, T MALDONADO, J VILLALBA, M MATIENZO, M MC CABE, T MEDINA, R METRO FIRE & SAFETY MOSSY NISSAN MURRAY, J MYERS, B NEXTECH SYSTEMS, INC. NOSAL, W NOTEWARE, D OCHOA, I PAUU JR, P PEACE OFFICERS RESEARCH PEASE JR, D PERRY FORD PETERS, 5 PORAC LEGAL DEFENSE FUND POST, R POTTER, C POWERSTRIDE BATTERY CO INC PRO BUILD PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY R J SAFETY SUPPLY RAY, S REEDER, M VILLARINO, R ROARK, L ROE, V ROMERO'S ROOFING SERVICE INC RUIZ, J SAN DIEGO PET SUPPLY SEAPORT MEAT COMPANY SERVATIUS, J WARRANT REGISTER # 1 7/1/2014 DESCRIPTION RETIREE HEALTH BENEFITS / JUL 2014 RETIREE HEALTH BENEFITS / JUL 2014 LEATHERMAN WINGMAN MULTITOOL RETIREE HEALTH BENEFITS / JUL 2014 CITY-WIDE HVAC MAINTENANCE FY 2014 MOP#45720 WATER PIPE VALVES & FITTINGS RETIREE HEALTH BENEFITS / JUL 2014 CITY-WIDE SECURITY/FIRE ALARM RETIREE HEALTH BENEFITS / JUL 2014 RETIREE HEALTH BENEFITS / JUL 2014 RETIREE HEALTH BENEFITS / JUL 2014 ONLINE TRAINING MANUAL / FIRE RETIREE HEALTH BENEFITS / JUL 2014 TRANSLATION SERVICES FOR FY 2014 RETIREE HEALTH BENEFITS 1 JUL 2014 MISS NATIONAL CITY 2013 SCHOLARSHIP RETIREE HEALTH BENEFITS / JUL 2014 RETIREE HEALTH BENEFITS / JUL 2014 RETIREE HEALTH BENEFITS / JUL 2014 DRY CHEMICAL INSPECTION CHECK ENGINE LIGHT ON SERVICE RETIREE HEALTH BENEFITS / JUL 2014 RETIREE HEALTH BENEFITS / JUL 2014 BATTERIES FOR R247C 10W SINGLE AMBER RETIREMENT SETTLEMENT / JUL 2014 RETIREE HEALTH BENEFITS / JUL 2014 RETIREE HEALTH BENEFITS / JUL 2014 RETIREE HEALTH BENEFITS / JUL 2014 PEACE OFFICER RESEARCH / POLICE RETIREE HEALTH BENEFITS / JUL 2014 MOP# 45703 AUTOMOTIVE PARTS RETIREE HEALTH BENEFITS / JUL 2014 LEGAL DEFENSE FUND / POLICE RETIREE HEALTH BENEFITS / JUL 2014 RETIREE HEALTH BENEFITS / JUL 2014 MOP# 67839 AUTOMOTIVE PARTS MOP 45707. SUPPLIES FOR NSD KNIFE SHARPENING SERVICES / NUTRITION MOP# 45742 LAUNDRY AND CLEANING SERVICES MOLDEX SPARKPLUGS DISPOSABLE 200/BX RETIREE HEALTH BENEFITS / JUL 2014 APA MEMBERSHIP REIMB MISS NATIONAL CITY 2013 SCHOLARSHIP RETIREE HEALTH BENEFITS / JUL 2014 RETIREE HEALTH BENEFITS / JUL 2014 ROOFING SERVICES / PW RETIREE HEALTH BENEFITS / JUL 2014 MOP 45756. PET SUPPLIES / POLICE FOOD / NUTRITION RETIREE HEALTH BENEFITS / JUL 2014 1/3 CHK NO DATE AMOUNT 313026 7/1/14 120.00 313027 7/1/14 200.00 313028 7/1/14 620.65 313029 7/1/14 110.00 313030 7/1/14 57,222.72 313031 7/1/14 234.32 313032 711/14 140.00 313033 7/1/14 951.20 313034 7/1/14 50.00 313035 7/1/14 300.00 313036 7/1/14 155.00 313037 7/1/14 6,450.00 313038 7/1/14 160.00 313039 7/1/14 140.00 313040 7/1/14 130.00 313041 7/1/14 300.00 313042 7/1/14 100.00 313043 7/1/14 280.00 313044 7/1/14 1nA nn 313045 7/1/14 E 313046 7/1/14 313047 7/1/14 150.00 313048 7/1/14 140.00 313049 7/1/14 353.73 313050 7/1/14 1,217.74 313051 7/1/14 120.00 313052 7/1/14 125.00 313053 7/1/14 340.00 313054 7/1/14 80.00 313055 7/1/14 140.00 313056 7/1/14 504.97 313057 7/1/14 290.00 313058 7/1/14 108.00 313059 7/1/14 280.00 313060 7/1/14 150.00 313061 7/1/14 251.07 313062 7/1/14 68.74 313063 7/1/14 46.00 313064 7/1/14 421.53 313065 7/1/14 272.39 313066 7/1/14 190.00 313067 7/1/14 440.00 313068 7/1/14 300.00 313069 7/1/14 1 313070 7/1/14 1 313071 7/1/14 75u.uu 313072 7/1/14 310.00 313073 7/1/14 255.77 313074 7/1/14 1,139.93 313075 7/1/14 340.00 PAYEE SHORT, C SMITH, J SOUND SOLUTION AUTO STYLING SOUTH BAY MOTORSPORTS SOUTHERN CALIF TRUCK STOP STAPLES ADVANTAGE STRASEN, W SUPERIOR READY MIX SYSCO SAN DIEGO INC TARGET SPECIALTY PRODUCTS TIPTON, B T-MAN TRAFFIC SUPPLY TRIVIZ, R TURF MAKER UNITED ROTARY BRUSH CORP URIAS, N VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL 'ERIZON WIRELESS RIZON WIRELESS VISTA PAINT WAXIE SANITARY SUPPLY WESTAIR GASES & EQUIPMENT INC WHITE, J WILLY'S ELECTRONIC SUPPLY WRG FIRE TRAINING SIMULATION ZIETLOW, D WIRED PAYMENTS TRISTAR RISK MANAGEMENT TRISTAR RISK MANAGEMENT SECTION 8 HAPS PAYMENTS WARRANT REGISTER # 1 7/1/2014 DESCRIPTION RETIREE HEALTH BENEFITS / JUL 2014 RETIREE HEALTH BENEFITS / JUL 2014 TINT REAR WINDOW AND LABOR / POLICE R&M CITY VEHICLES AS NEEDED FY 2014 MOP#45758 GAS, OIL, & LUBRICANTS MOP#45704 MATERIALS AND SUPPLIES RETIREE HEALTH BENEFITS / JUL 2014 TACK OIL, 3/8 SHEET & COLDMIX ASPHALTS FOOD & CONSUMABLES / NUTRITION 2372950- BEST 25-5-5 SUPER TURF RETIREE HEALTH BENEFITS / JUL 2014 MOP# 76666 TRAFFIC CONTROL SUPPLY RETIREE HEALTH BENEFITS / JUL 2014 ITEM 1668 TURFSUP 16-6-8 TURF SUPREME STREET SWEEPER REPAIRS AS NEEDED FY 2014 RETIREE HEALTH BENEFITS / JUL 2014 MOP# 46453 MATERIALS AND SUPPLIES STRAY ANIMAL VET CARE / POLICE PHONE SERVICE FOR S8 / 3/24/14 - 4/23/14 PHONE SERVICE FOR S8 / 2/24/14 - 3/23/14 MOP#68834 PAINTING SUPPLIES MISCELLANEOUS JANITORIAL SUPPLIES FY TWO ALUMINUM CYLIDERS WITH CO2 GAS RETIREE HEALTH BENEFITS / JUL 2014 MOP#45763 ELECTRICAL MATERIALS LABOR TO PERFORM A NFPA 1403 INSPECTION RETIREE HEALTH BENEFITS / JUL 2014 MAY 2014 WC REPLENISHMENT PREFUND FOR SHERMAN PETERS Start Date 6/25/2014 End Date 7/1/2014 GRAND TOTAL 3/3 CHK NO DATE AMOUNT 313076 7/1/14 300.00 313077 7/1/14 320.00 313078 7/1/14 150.00 313079 7/1/14 1,721.98 313080 7/1/14 38.25 313081 7/1/14 290.66 313082 7/1/14 135.00 313083 7/1/14 2,026.63 313084 7/1/14 2,481.21 313085 7/1/14 359.96 313086 7/1/14 250.00 313087 7/1/14 1,179.42 313088 7/1/14 135.00 313089 7/1/14 777.44 313090 7/1/14 617.80 313091 7/1/14 125.00 313092 7/1/14 594.02 313093 7/1/14 75.96 313094 7/1/14 60.02 313095 7/1/14 332.02 313096 7/1/14 1,543.70 313097 7/1/14 1,645.79 313098 7/1/14 111.33 313099 7/1/14 230.00 313100 7/1/14 45.56 313101 7/1/14 2,850.00 313102 7/1/14 150.00 A/P Total 152,725.54 512179 6/25/14 44,959.53 512216 6/25/14 68,649.93 690,918.96 957,253.96 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. 1/144 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 5th OF AUGUST, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 5, 2014 AGENDA ITEM NO.18 ITEM TITLE: Warrant Register #2 for the period of 7/02/14 through 7/08/14 in the amount of $1,485,967.78. (Finance) PREPARED BY: jK. Apalategui, DEPARTMENT: Finan e PHONE: 1619-336-4331 APPROVED BY: 4///T EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 7/02/14 through 7/08/14. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Ramona Paving 313172 92,276.35 8th Street Enhancement project Public Emp Ret System 7032014 300,376.03 Ins Service Period 6/10/14-6/23/14 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $1,485,967.78. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: ;Ratification of warrants in the amount of $1,485,967.78. BOARD / COMMISSION RECOMMENDATION: jN/A ATTACHMENTS: Warrant Register #2 PAYEE EDCO DISPOSAL CORPORATION MAZZARELLA LORENZANA LLP SDG&E SWEETWATER AUTHORITY 1903 SOLUTIONS LLC 3M ACE UNIFORMS & ACCESSORIES INC AMEDEE, W AMERICAN AWARDS AMERICAN BACKFLOW SPECIALTIES ARC ERGONOMICS B & H PHOTO & ELECTRONICS CORP BEST BEST & KRIEGER ATTNY LAW BEST WINDOW TINTING, INC. BLUE VIOLET NETWORKS BOOT WORLD BRIDGETTE PALMER -RUCE M DOUTHIT 'RKE WILLIAMS & SORENSEN LLP ,W GOVERNMENT INC CHARLOTTE WEBSTER CITY OF NATIONAL CITY CLEAN HARBORS COUNTY OF SAN DIEGO CUSTOM INK LLC CV VENTURES LLC DCS TESTING & EQUIPMENT INC DELTA DENTAL DELTA DENTAL INSURANCE CO DEPARTMENT OF JUSTICE EMERGENCY EQPT ENGINEERING ENVIRONMENTAL H S LABORATORIES ERNEST J WHITE ESGIL CORPORATION ETHNIC DELI & CAFE FEDEX FEDEX FIRE ETC GEOSYNTEC CONSULTANTS INC GLOBAL TRAFFIC TECHNOLOGIES GOVCONNECTION, INC. GRAINGER 1ARSH DESAI ALTH & HUMAN ..JNEYWELL INTERNATIONAL INC INTERNATIONAL CODE COUNCIL MORALES, J KAISER FOUNDATION HEALTH PLANS KEN SANIDAD KETCH ALL COMPANY 1/3 WARRANT REGISTER #2 7/8/2014 DESCRIPTION CHK NO DATE AMOUNT WASTE DISPOSAL SERVICES - SA 313104 7/8/14 110.23 LEGAL SERVICES TO PURSUE INDEMNITY 313105 7/8/14 7,386.56 GAS/ELECTRIC UTILITIES 5/16 - 6/17/14 313106 7/8/14 185.60 WATER UTILITIES 04/08-06/02/14 313107 7/8/14 43.72 FORTIGATE 1000C 313108 7/8/14 18,137.10 SAFETY GEAR / PW 313109 7/8/14 113.40 SNAG PERFORMAN CORE POLO, XL 313110 7/8/14 798.98 REIMB - WATER 313111 7/8/14 8.38 TROPHIES FOR MISS NATIONAL CITY 2014 313112 7/8/14 120.71 PURCHASE OF BACKFLOWS, GAUGES, PARTS 313113 7/8/14 2,671.24 ERGONOMIC EQUIPMENT FOR ELISA CUSATO 313114 7/8/14 1,330.29 NIKON DE3200 DIGITAL SLR CAMERA WITH 313115 7/8/14 1,430.85 PROFESSIONAL SERVICES 313116 7/8/14 1,100.40 ESTIMATED PRICE FOR 15 SQUARE YARDS 313117 7/8/14 1,365.00 CAMERAS / POLICE 313118 7/8/14 23,890.66 MOP 64096. SAFETY BOOTS / NSD 313119 7/8/14 250.00 REFUND - BL APPLICATION 313120 7/8/14 50.00 REFUND T&A 1364/ 1240 PALM AVE 313121 7/8/14 1,607.48 PROFESSIONAL SVCS - NEGOTIATIONS 313122 7/8/14 8,692.50 NETAPP SOFTWARE ANNUAL MAINTENANCE 313123 7/8/14 14,200.00 LIABILITY CLAIM COSTS 313124 7/8/14 108.95 PLAN CHECK AND ADMIN FEES 313125 7/8/14 1,548.00 HAZARDOUS WSTE PICKUP FOR FISCAL YEAR 313126 7/8/14 775.50 SHARE OF PC REVENUE - MAY 2014 313127 7/8/14 14,129.00 CHAMPION TAGLESS LONG SLEEVE T-SHIRT 313128 7/8/14 1,416.14 MONITORING WELL SERVICE - LANDFILL 313129 7/8/14 3,326.91 FIRE HOSE TESTING PER FOOT.22 X 18182 313130 7/8/14 3,730.20 COBRA DENTAL INS - JUNE 2014 313131 7/8/14 44.33 COBRA DENTAL INS - MAY 2014 313132 7/8/14 71.94 INVESTIGATIVE SERVICES 313133 7/8/14 341.00 NEW LEATHER GEAR / POLICE 313134 7/8/14 485.65 LEAD SAMPLES 313135 7/8/14 12.00 REFUND T&A 1848/ 1906 D AVE 313136 7/8/14 100.00 BUILDING INSPECTIONS 313137 7/8/14 166.00 PHYSICIAN AMBASSADOR TALK - LUNCH 313138 7/8/14 425.00 MAILING DOCUMENTS 313139 7/8/14 94.14 TECHNICAL PERSONNEL CHARGES 313140 7/8/14 30.89 CMC 33000 RESCUE MPD - MULT, ITEM 313141 7/8/14 13,404.94 EDUCATION VILLAGE 313142 7/8/14 501.10 OPTICON CENTRAL MGMT SOFTWARE 313143 7/8/14 3,000.00 CRYSTAL REPORTS 2011- 10 LICENSES 313144 7/8/14 3,919.00 MOP#65179 MATERIALS AND SUPPLIES 313145 7/8/14 83.92 REFUND T&A 90051/ 1125 E PLAZA BLVD 313146 7/8/14 2,500.00 EMPLOYEE ASST PROGRAM 313147 7/8/14 744.64 CITY-WIDE HVAC MAINTENANCE FY 2014 313148 7/8/14 1,320.91 13 CALIFORNIA COMPLETE COLLECTION 313150 7/8/14 2,719.79 REFUND T&A 90053 / 623 C AVE 313151 7/8/14 200.00 RETIREES INS COBRA - MAY 2014 313152 7/8/14 936.52 REFUND T&A 90017/ 530 R AVE 313153 7/8/14 4,300.00 28" BATON TYPE KETCH -ALL POLE 313154 7/8/14 1,289.24 PAYEE KNOX ATTORNEY SERVICE INC LASER SAVER INC LOUANN COUNTRYMAN MATERIAL SALES MCDOUGAL LOVE ECKIS MELLADO DESIGNS METRO FIRE & SAFETY METRO FIRE & SAFETY MUNGUIA, M NAPA AUTO PARTS NOWDOCS INTERNATIONAL INC OFFICE SOLUTIONS BUSINESS PERSONNEL CONCEPTS POWERSTRIDE BATTERY CO INC PRO BUILD PRO STREET LIGHTING INC. PRUDENTIAL OVERALL SUPPLY RAMONA PAVING RCP BLOCK & BRICK INC RED HELMET TRAINING RELIANCE STANDARD ROBERT HALF LEGAL ROTH STAFFING COMPANIES L P RUSS' BEE REMOVAL SAFRAN MORPHOTRUST SCT PROPERTIES SDG&E SMART & FINAL SMART SOURCE OF CA LLC STACK TRAFFIC CONSULTING INC STAPLES ADVANTAGE STARTECH COMPUTERS STEVENSON, S STUTZ ARTIANO SHINOFF & THE LEW EDWARDS GROUP TRITECH SOFTWARE SYSTEMS TSHIRT MART U S BANK U S HEALTHWORKS U S HEALTHWORKS VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY ZEFERINO, L ZOLL MEDICAL CORP WARRANT REGISTER #2 7/8/2014 DESCRIPTION ATTORNEY SERVICE MOP 45725 INK CARTRIDGE - ENG REFUND OF BLDG PERMIT PS PIPE 3 1/2" ANNUAL MEMBERSHIP MISS NATIONAL CITY 2014 SLASHES ANNUAL FIRE EXTINUGISHER, SYSTEM 20 LB DRY CHEMICAL RECHARGE / FIRE ED REIMBURSEMENT / FIRE DEPARTMENT MOP#45735 AUTOMOTIVE PARTS PAYROLL CHECKS HIGH BACK LEATHER CHAIR, BASYX OFFICE SUPPLIES MOP#67839 AUTOMOTIVE PARTS MOP#45707 MATERIALS AND SUPPLIES K-9 DECALS ROOF BLACK - K9 GOLD MOP#45742 LAUNDRY AND CLEANING SERVICES 8TH STREET ENHANCEMENT 161N FIBERGLASS FLOAT HAZMAT IC TRAINING FOR 8 STUDENTS VOL LIFE INS - JUNE 2014 VG180848 TEMPORARY STAFF - B MORGAN 12997706 OMAR MANZANAREZ BEE REMOVAL FROM CITY PROPERTY INVESTIGATIVE SERVICES REFUND T&A 90048 / 2437 HIGHLAND AVE FACILITIES DIVISION GAS & ELECTRIC MOP 45756 MISC SUPPLIES - PD MOP 63845 VEHICLE IMPOUND FORM DEPOSIT #1724 BAYSHORE BIKEWAY MOP 45704 OFFICE SUPPLIES - MIS MOP 61744 SCREEN FILTER REIMB / 2014 CALPELRA ANNUAL CONFERENCE ETHICS TRAINING STRATEGIC ANALYSIS 50% DEPOSIT CAD 5 SOFTWARE UPGRADE NC LOGO SHIRTS & JACKETS / MYR CREDIT CARD EXP - PD MEDICAL SERVICES MEDICAL SERVICES MOP#46453 MATERIALS AND SUPPLIES WIRELESS PHONE SERVICE - 3/24/14-4/23/14 CASCADE ACTION PACS 5/20 CT CA CODE UPDATES & CIVIL PROCEDURE MOP 45763 CHARGER - MIS REIMB - EDUCATIONAL / POLICE LNCS ADULT REUSABLE SPO2 SENSOR 2/3 CHK NO DATE AMOUNT 313155 7/8/14 206.50 313156 7/8/14 81.70 313157 7/8/14 3,303.26 313158 7/8/14 55.05 313159 7/8/14 700.00 313160 7/8/14 98.10 313161 7/8/14 1,059.00 313162 7/8/14 342.28 313163 7/8/14 525.00 313164 7/8/14 14.51 313165 7/8/14 180.94 313166 7/8/14 172.22 313167 7/8/14 358.24 313168 7/8/14 256.48 313169 7/8/14 3,371.21 313170 7/8/14 165.00 313171 7/8/14 307.46 313172 7/8/14 92,276.35 313173 7/8/14 313174 7/8/14 1,1 313175 7/8/14 2,578.48 313176 7/8/14 682.33 313177 7/8/14 1,447.59 313178 7/8/14 550.00 313179 7/8/14 20.00 313180 7/8/14 717.71 313181 7/8/14 19, 306.89 313182 7/8/14 198.31 313183 7/8/14 463.28 313184 7/8/14 3,437.50 313185 7/8/14 366.52 313186 7/8/14 438.43 313187 7/8/14 995.00 313188 7/8/14 500.00 313189 7/8/14 3,246.75 313190 7/8/14 10,872.75 313191 7/8/14 258.80 313192 7/8/14 259.48 313193 7/8/14 393.00 313194 7/8/14 195.00 313195 7/8/14 853.25 313196 7/8/14 358.55 313197 7/8/14 5a^ n' 313198 7/8/14 3 313199 7/8/14 313200 7/8/14 409.53 313201 7/8/14 1,001.44 A/P Total 300,981.28 PAYEE WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM SECTION 8 HAPS PAYMENTS PAYROLL Pay period 14 WARRANT REGISTER #2 7/8/2014 DESCRIPTION SERVICE PERIOD 06/10/14 - 06/23/14 3/3 CHK NO DATE AMOUNT 7032014 7/3/14 300,376.03 Start Date End Date 7/2/2014 7/8/2014 2,688.00 Start Date End Date Check Dale 6/14/2014 7/7/2014 7/2/2014 881,922.47 GRAND TOTAL $ 1,485,967.78 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 5th OF AUGUST, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 5, 2014 j AGENDA ITEM NO. 19_ ITEM TITLE: 'Public Hearing — Conditional Use Permit for a tobacco specialty shop located in South Bay Plaza at 1430 E. Plaza Blvd., suite E7B. (Applicant: Vapure USA, Inc. (Case File 2014-04 CUP) 1 PREPARED BY: Martin Reeder, AICP, DEPARTMENT: p PHONE: 1336-4313 1 APPROVED BY: EXPLANATION: the project location is a 1,599 square -foot commercial suite adjacent to International House of Pancakes, in Bay Plaza shopping center located at 1430 E. Plaza Blvd., in the Major Mixed -Use District (MXD-2) zone. The applicant is proposing to operate a retail business that primarily sells electronic cigarettes and associated products from 9 a.m. to 9 p.m. Monday to Friday, and 11 a.m. to 7 p.m. on weekends. Council reviewed the Notice of Decision of the Planning Commission's denial at their meeting of June 5, 2014 and set the item for hearing in order to discuss the item. The attached background report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: 1Not a project per CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: ;Staff concurs with the decision of the Planning Commission.1 BOARD 1 COMMISSION RECOMMENDATION: The Planning Commission denied the Conditional Use Permit. Ayes: Alvarado, Baca, Flores, Pruitt Nay: Bush Absent: DeLaPaz Abstain: Garcia ATTACHMENTS: '1. Background Report 4. Location Map. 2.. Recommended Findings for Approval/Denial 5. PC Resolution No. 12-2014 3. Recommended Conditions of Approval 6. Reduced Plans and Site Photos BACKGROUND REPORT The project location is a commercial suite within the Bay Plaza shopping center located at 1430 E. Plaza Blvd., in the Major Mixed -Use District (MXD-2) zone. The suite is approximately 1,599 square feet in size and located adjacent to International House of Pancakes. The area is mostly adjacent to other commercial uses including Plaza Village Center to the north across Plaza, and South Bay Plaza Shopping Center to the east across N Avenue. Single-family residential uses are located to the east in the Single -Family Residential (RS-2) zone, atop a large embankment. The applicant is proposing to operate a retail business that primarily sells electronic cigarette products, such as electronic cigarettes, batteries, atomizers, and eLiquid (liquid that is vaporized for purposes of inhalation) and accessories such as lanyards, apparel, stickers, and custom wraps. The retail business would be open from 9 a.m. to 9 p.m. Monday to Friday, and 11 a.m. to 7 p.m. on weekends. This type of use is considered to be a "Tobacco specialty shop", which means any business the primary use of which is the sale of tobacco products or tobacco related paraphernalia. A business shall be determined a tobacco specialty shop when more than forty percent of its retail floor area is devoted to the display and sales of tobacco products and/or paraphernalia. The U.S. Food and Drug Administration (FDA) classifies electronic cigarettes as "other tobacco products", which also include hookahs, cigars, and pipe tobacco. Staff is of the opinion that stores meeting the above classification that sell electronic cigarettes meet the definition of tobacco specialty stores based on the spirit and intent of the Land Use Code. An interpretation of this Code section is included as a separate item on this agenda. The FDA opines that electronic cigarettes may lead young people to try other tobacco products, including conventional cigarettes, which are known to cause disease and lead to premature death. Section 18.24.050 of the National City Land Use Code allows for tobacco specialty shops with an approved Conditional Use Permit (CUP) in the MXC-2 and MXD-2 zones. Tobacco specialty shops are also regulated by Section 18.30.230 of the Code, which requires that they not be located within one thousand feet of any school, playground, recreation center or facility, childcare center, or library in the City. No such land uses are within one thousand feet of the subject property. Concerns related to tobacco specialty shops are generally related to potential health effects and secondary impacts to youth, such as sales or advertising to minors. There is also the issue of using electronic cigarettes to consume marijuana or cannabinoid- containing substances (not permitted in the City). The health effects of electronic cigarettes are also of concern to the FDA. The FDA has not evaluated any e-cigarettes for safety or effectiveness. When the FDA conducted limited laboratory studies of certain samples, they found significant quality issues that i indicate that quality control processes used to manufacture these products are substandard or non-existent. The FDA found that cartridges labeled as containing no nicotine contained nicotine and that three different electronic cigarette cartridges with the same label emitted a markedly different amount of nicotine with each puff. Experts have also raised concerns that the marketing of products such as e-cigarettes can increase nicotine addiction among young people and may lead minors to try other tobacco products.' These types of conditions are very similar to those required for alcohol sales, which often have the same concerns. According to the U.S. Department of Health & Human Services, alcohol and tobacco are among the top causes of preventable deaths in the United States. Moreover, these substances often are used together: Studies have found that people who smoke are much more likely to drink, and people who drink are much more likely to smoke. Dependence on alcohol and tobacco also is correlated: People who are dependent on alcohol are three times more likely than those in the general population to be smokers, and people who are dependent on tobacco are four times more likely than the general population to be dependent on alcohol.2 Based on the concerns related to potential health impacts, conditions have been included that intend to protect from these issues. Conditions No. 8 through 11 are related to the following: • Prohibition of exterior advertising promoting or indicating the availability of electronic cigarettes. • Prohibition of products containing tetrahydrocannabinol (THC). • No sales of tobacco products or electronic cigarettes to minors. • Compliance with U.S. Food and Drug Administration requirements. The project is not subject to the California Environmental Quality Act as the proposal involves a retail use on a commercial -zoned property which allows retail uses by right. No physical or environmental impacts would occur as a result of approval of this application. A tobacco specialty store is a retail use, permitted with the issuance of a CUP in the MXC-2 and MXD-2 zones. Concerns related to advertising and sales to minors or of incidental drug use are addressed by Conditions of Approval. The business would also be required to comply with all applicable federal government regulations. Planning Commission conducted a public hearing on May 5, 2014. Commissioners stated that they were not in favor of the business and cited concerns related to a proposed lounge and the potential for indoor use of electronic cigarettes. The 1 U.S. Foodiand Drug Administration website (http://www.fda.qov/forconsumers/consumerupdates/ucm225210.htm) National Institute on Alcohol Abuse and Alcoholism website (http://pubs.niaaa.nih.gov/publications/aa71/aa71.htm) 2 Commission denied the Conditional Use Permit based on the finding contained in the attached Resolution, which was adopted on May 19, 2014. Council reviewed the Notice of Decision of the Planning Commission's denial at their meeting of June 5, 2014 and set the item for hearing in order to discuss the item. There was also a question related to existing businesses in the City. There are currently two similar businesses operating, one is a kiosk in Plaza Bonita (Vape Kingz) and the other a commercial suite, located at 3400 East 8th Street (Vape Republik). Both businesses were licensed as retail stores that sold e-cigarettes as an accessory use (less than the 40% maximum that triggers the "tobacco specialty shop" classification requiring a CUP). Staff has worked extensively with Vape Kingz to ensure compliance with the 40% requirement, and is currently working with the Code Conformance Department to ensure that Vape Republik attains/maintains compliance. 3 RECOMMENDED FINDINGS FOR APPROVAL 2014-04 CUP, 1430 E. Plaza Blvd., suite E7B 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, since the proposal involves a conditionally -permitted retail use on a commercial -zoned property which allows retail uses by right in the MXD-2 zone. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, since retail businesses are an identified use in the Major Mixed - Use land use designation, and since no Specific Plans exist in this area. 3. That the site for the proposed use is adequate in size and shape, since the proposed use is a retail use for which the property has been developed and has historically been used. 4. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since Plaza Blvd. is classified as an arterial street in the Circulation Element, and the use will be within an existing retail suite and thus is not expected to result in an appreciable increase in traffic. 5. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed retail use is compatible with other nearby businesses; and since the proposed use will be subject to conditions that limit the sale and display of tobacco products and/or electronic cigarettes to minors. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, since staff has already determined that the proposed use is not subject to CEQA, as the proposal involves a retail use on a commercial -zoned property which allows retail uses by right. No physical or environmental impacts would occur as a result of approval of this application. RECOMMENDED FINDING FOR DENIAL 2014-04 CUP, 1430 E. Plaza Blvd., suite E7B 1. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since the proposed use for the sale and display of tobacco products and/or electronic cigarettes may lead young people to try other tobacco products, including conventional cigarettes, which are known to cause disease and lead to premature death. 4 RECOMMENDED CONDITIONS OF APPROVAL 2014-04 CUP, 1430 E. Plaza Blvd., suite E7B General 1. This Conditional Use Permit authorizes the sale of electronic cigarettes (e- cigarette), personal vaporizers• (PV), or electronic nicotine delivery systems (ENDS), collectively known as electronic cigarettes, and related accessories at the property located at 1430 East Plaza Boulevard, suite E7B. Plans submitted for permits associated with this project shall conform with Exhibit A, case file no. 2014-04 CUP, dated 3/17/2014. This CUP shall not limit the sales of traditional tobacco products except as otherwise stated by these Conditions of Approval. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Building/Fire 7. Plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. Planning 8. Excepting business identification signage, exterior advertising and signs of all types, promoting or indicating the availability of electronic cigarettes (e-cigarettes), personal vaporizers (PV), or electronic nicotine delivery systems (ENDS), collectively known as electronic cigarettes, or tobacco products, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of electronic cigarettes and 5 signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 9. No products containing tetrahydrocannabinol (THC), or any other cannabinoid, may be sold on the premises. 10. No sales of tobacco products, electronic cigarettes, personal vaporizers, or any other electronic or non -electronic nicotine delivery systems are permitted to minors. 11. The business shall comply with all requirements of the U.S. Food and Drug Administration (FDA) related to electronic cigarettes (e-cigarettes), personal vaporizers (PV), electronic nicotine delivery systems (ENDS), or any tobacco products sold at the store. Police 12. Permittee shall comply with any regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of tobacco products. 6 — — — Zone Boundary APN: 557-322-14 1539 �LJ I Feet 0 75 150 300 Planning Commission Location Map 1 2014-04 CUP 9.23.14 7 RESOLUTION NO. 12-2014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT FOR A TOBACCO SPECIALTY SHOP LOCATED IN SOUTH BAY PLAZA AT 1430. E. PLAZA BLVD., SUITE E7B. APPLICANT: VAPURE USA, INC. CASE FILE NO. 2014-04 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a tobacco specialty shop located in South Bay Plaza at 1430 E. Plaza Blvd., suite E7B., at a duly advertised public hearing held on May 5, 2014, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2014-04 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found not to be essential for the preservation of public health, safety, and general welfare; and, WHEREAS, this action becomes effective and final thirty days after adoption of this Resolution, unless, within such period of time, City Council sets the matter for public hearing or an appeal is filed in accordance with National City Municipal Code Section 18.12.060(C). NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on May 5, 2014, support the following finding: That the proposed use is not deemed essential and desirable to the public convenience and welfare, since the proposed use for the sale and display of tobacco products and/or electronic cigarettes may lead young people to try other tobacco products, including conventional cigarettes, which are known to cause disease and lead to premature death. BE IT FURTHER RESOLVED that the Planning Commission hereby denies the application fora Conditional Use Permit referenced in Case File No. 2014-04 CUP. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. 8 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 19, 2014, by the following vote: AYES: Alvarado, Baca, Flores, Pruitt NAYS: Bush ABSENT: DelaPaz ABSTAIN: Garcia CHAIRMAN 9 g-rraph°© "Vapure USA inc." n (r-\ M EXHIBIT A CASE FILE NO. 2014-04 CUP DATE: 3/17/2014 IXAC Bay Plaza Nationa! City. CA 73.324 sq. ft. �Napure USA inc.' Suite 1430-E7B E E 0 Keys Party Office Pharmacy Apparel LOTS. JOANN fabric and craft stores' ey 0roc;ie 243.1951 888.888.RC?! C r hro d i ';'GD' Oi re i t. n of www.roireit.net • Steve Erhard 425.27 3.0952 VAPURE _SA INC. work area Hawaiian Island BBC) Salto 111O- TA Lounge PARKING eCOSWAY Salto mares 0,9 north Area of Suite 1,5Ss9 3q. r EXISTING * PROPOSED FLOOR PLAN .Ir ( "V pure USA Inca 7/ (Conditional Use) Permit) Bay Plaza Shopping Center 1430-E7B Plaza Boule)vsrd National City, CA. 019450 i, i, rn Prppar@d BY: Design of Habitat & Planning of Environmental Spaces 216 AVERIL ROAD SAN YSICDRO,CA. 9 2 1 7 3 (619) 779-0445 Jgurvararohitepmaii.00m 12 0 44 Looking North to Plaza Blvd. °Hawaiian Island BBQ° Suite 1430-E7A P)GI OO hOCrr ph7C� scRucd)\7 "Vapure USA inc." I °Vapure USA inc.° Suite 1430-E7B "eCOSWAY" Suite 1430-E8 g)hoRegrrff-A°© Siamd "Vapure USA inc." 14 "LOUNGE AREA" "VIEW of SALES AREA" D)LJ LI clS OO girE pIJ Uo© Shuccfw "Vapure USA inc." * Chula Vista CA. 'SALES COUNTER' 'WALL DISPLAY' YhaRog:ph°© Shucory "Vapure USA inc.",s* Chula Vista CA. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 5, 2014 AGENDA ITEM NO.40 ITEM TITLE: An Ordinance of the City Council of the City of National City amending Section 4.60.170 of the National City Municipal Code extending an existing Transactions and Use Tax ("Proposition D") PREPARED BY: Claudia Gacitua Silva DEPARTMENT: PHONE: !Ext. 422APPROVED BY: EXPLANATION: On June 17, 2014, the City Council unanimously adopted two ordinances related to the extension of the existing transactions and use tax (Prop D). Before you is re -adoption of the same two ordinances to remedy the prior agenda's omission of the waiver of the reading of the full text, which is generally part of the consent agenda. Ordinances can be introduced or adopted by reading the title as long as there is an action waiving the reading of the full text, prior to the ordinance being introduced or adopted. Separately on the consent agenda is the action waiving the reading of the full text. There are no changes to the text of either ordinance. The prior staff report is also included for your reference. The related resolutions adopted on June 17, 2014 are not affected and remain adopted as of that date. Please see attached prior staff report for further reference. FINANCIAL STATEMENT: ACCOUNT NO. N/A1 ENVIRONMENTAL REVIEW: iN//{ ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: X Finance MIS STAFF RECOMMENDATION: Adopt ordinances] BOARD / COMMISSION RECOMMENDATION: N/A, ATTACHMENTS: Memorandum Proposed ordinance City Council Staff Report June 17, 2014 ITEM Staff Report: Submission of a ballot measure to extend for twenty years an existing voter approved Transactions and Use Tax (a sales tax) in the amount of one cent (1%) to the qualified voters of the City at the General Municipal Election BACKGROUND In November, 2006 the voters of the City of National City voted to establish dedicated local funding to provide for City services benefitting National City residents, businesses and visitors. Proposition D has maintained the City's 911 services, prevented cuts to police and fire services and ensured adequate funding for parks, libraries and other City programs. As a locally enacted measure, the sales tax created a funding stream that could not be taken by other entities such as the State of California. The law provides this locally controlled revenue stream is not applied to rent, utilities, groceries (unprepared food for human consumption) or prescription medication. National City has a vibrant daytime community with the population almost doubling that of the night time population as a result of people coming in to work in the community or simply to enjoy the City's amenities. All of these individuals are utilizing City resources as they drive on National City roads, and use the parks, library, community programs, and fire and police services. Our locally -enacted funding allows the City to cover a portion of the costs associated with meeting the needs of such visitors. The 2006 ballot measure came as the result of a fiscal crisis for the City of National City. In 2005 and 2006, the City faced structural deficits of $4 million and $6.7 million, respectively, resulting from outside economic forces including takeaways by the State. The convergence of these factors resulted in significantly decreased revenues, the direct result of which was a decrease in services to National City residents and visitors. Impacts included a reduction in library hours of operation and a reduction of personnel, including firefighters and police officers. Due to circumstances outside of its control, the City faced additional fiscal challenges, beginning in 2008 with the onset of the global recession, the recovery from which still is not complete. The recession coupled with Sacramento money grabs, created significant challenges to the City through the loss of investment income and revenue streams intended to bring projects to National City that would have increased the City's tax base. Page 2 Staff Report — Ballot Measure Extending Sales Tax June 17, 2014 In 2011, the State -mandated dissolution of redevelopment agencies eliminated millions of dollars in State funding that National City relied on for economic development, anti -blight, and other critical programs. Proposition D is scheduled to expire, in September 2016. The ability to forecast diverse revenue streams is critical to National City's long-term stability. Proposing an extension to Proposition D in 2014 helps provide financial certainty going forward, and allows the City to continue its long term planning and programming efforts. Maintaining financial stability is crucial to the future of National City. DISCUSSION With the current measure set to expire soon, in September, 2013 staff developed a Three Year Operating Plan and initiated an independent Community Opinion Survey, both of which were presented to the City Council in January, 2014. Survey results, as presented, showed that 64% of residents believe that the City is "generally headed in the right direction", with strong favorability ratings for the Fire Department at 95%, the Police Department at 88% and National City government overall at 69%. The City of National City is a full service City with its own locally controlled fire and police department as well as other programs and services desired by residents and local businesses such as neighborhood code enforcement, library, street and sewer repair and maintenance, and park and recreation programs. More than three -in -four respondents (78%) believe the City needs funding to maintain the current level of City services. Should Proposition D expire, the City will lose approximately $10 million a year. The revenue generated by Proposition D represents approximately 24% of the City's annual General Fund operating budget. The General Fund supports many programs and services including fire, police, code enforcement, and youth and senior recreation programs. At 24% of the General Fund operating budget, the loss of this revenue will create a fiscal crisis for National City. Without this dedicated revenue stream, the City is forecasted to face a 22.3% reduction in personnel. A reduction in personnel will impact programs and service delivery City-wide, including: • Fire — closing of Fire Station 31 (one of only two National City fire stations) • Police — a reduction in 44% of the City's police officers, elimination of Gang Enforcement, SWAT, Traffic and Community Services Units; elimination of the drug prevention program and school police officers; reduction in the number of neighborhood patrols Neighborhood Services — elimination of the Graffiti Removal program • Housing and Grants — elimination of the City run Senior Nutrition Program (return the program to the County to find other partners/grantees) • Library — a 23% reduction in Library hours; elimination of the Literacy Program • Community Services — closure of community centers and associated recreation and senior programs, closure of Casa de Salud and the Manuel Portillo Youth Center teen program; closure of the El Toyon Recreation Center and the Tiny Tots youth program. The proposed Proposition D continuation measure will prevent a fiscal crisis and continue a dedicated revenue stream for vital programs and services benefiting National City residents, businesses and visitors. If approved by voters, the measure would continue the current rate of Page 3 Staff Report — Ballot Measure Extending Sales Tax June 17, 2014 one cent (1%), with no increase. With an affirmative vote of the majority of voters, this measure would remain in effect for an additional twenty years and would continue to be reviewed every five years by an Independent Oversight Committee. National City has undertaken several initiatives to maintain fiscal integrity. Staffing levels have been reduced; conservative spending plans have been adopted and adhered to; and economic development and redevelopment plans have been drafted with some executed and others slated for execution (the process has been slowed by the economic downturn). Throughout, the City has maintained clean audits. The current forecasted crisis emanates from political and market forces outside of the City's control, including but not limited to the State's elimination of Redevelopment Agencies. Locally, the loss of the Redevelopment Agency has resulted in the loss of approximately $7 million in tax increment revenue, and a significant slowing in revitalization efforts. The continuation of voter -approved, local revenue will provide funds that stay in National City for the benefit of National City residents, businesses and visitors. After hearing a summary of the proposed continuation measure, 75% of survey respondents support continuing the existing, voter -approved one cent sales tax. PROCEDURE REGARDING PLACING A BALLOT MEASURE ASKING VOTERS TO EXTEND THE EXISTING TRANSACTIONS AND USE TAX California Revenue and Taxation Code section 7285.9 authorizes the City Council to levy, increase, or extend a transactions and use tax (a sales tax) at a rate of 0.125 percent or a multiple thereof, as long as the ordinance is approved by two-thirds of the City Council and by a majority vote of the qualified voters of the city voting in an election on the issue. At the January 21, 2014 City Council meeting, the City Council authorized the development and drafting of a proposed ballot measure to extend the City's existing voter -approved district sales tax beyond 2016 to maintain the City's public safety services, prevent cuts to police and fire services, and ensure adequate funding for parks, libraries, and other City services. At the February 18, 2014 City Council meeting, city staff presented the proposed timeline for the development and drafting of such a proposed ballot measure to be placed on the November 2014 ballot. Staff is now returning with the resolutions and ordinances placing a measure on the November 4, 2014 ballot for voter approval of a twenty year extension of the one -cent (one percent) transactions and use tax. In order to proceed, pursuant to Section 7285.9 and other applicable state law, the City Council would first enact an ordinance amending Section 4.60.170 of the Municipal Code. The ordinance would take effect immediately pursuant to Government Code section 36937, because it relates to "taxes for the usual and current expenses of the city." The Council would also adopt an ordinance ordering the submission of a proposition to the voters at the regular municipal election on November 4, 2014, to consider approval of the ordinance, and a resolution calling the election, submitting the ballot measure to the voters and approving the form of the ordinance. Those ordinances and resolutions are before the City Council for consideration of adoption. To qualify as a general tax, requiring a majority vote, the taxes must be deposited into the General Fund. These funds can be used for any service or activity paid for from the City's Page 4 Staff Report — Ballot Measure Extending Sales Tax June 17, 2014 General Fund, such as police, fire, park, and library services. There can be no commitment in advance as to how the monies will be spent, other than for general municipal services. If approved, the ordinance would continue the transactions tax at the rate of one percent of the gross receipts of any retailer from the sale of all tangible personal property sold in the city. The ordinance would continue a use tax on the storage, use, or other consumption in the City of tangible personal property produced from any retailer at the rate of one percent of the sales price of the property. Certain transactions would continue to be exempt from the tax, such as a sale of property to be used outside the City and which is shipped to a site outside the City. The tax would continue an additional twenty years until the City Council reduces or repeals the tax based upon finding that the levy and collection of the tax is no longer necessary. The provision requiring an independent committee comprised of three experts in financial matters to convene every five years to report their recommendations to the Mayor and City Council as to whether the tax should remain in effect at the current rate, be reduced, or be terminated would remain in effect. RECOMMENDATION In order to maintain service levels and achieve fiscal viability, staff recommends that the City Council adopt the proposed ordinance, ordering the submission of a measure to extend the existing voter approved transaction and use sales tax in the amount of one cent (1%) to the qualified voters at the General Municipal Election to be held on November 4, 2014. This ballot measure will continue existing funding beyond its expiration date for an additional twenty years with no increase in tax rate to maintain the City's public safety, prevents cuts to police and fire and ensures adequate funding for parks, libraries and other vital City services. With thousands of people visiting National City every day, the existing Proposition D has ensured that out-of-towners continue to pay their fair share for police, fire, street repair and other services they use when they visit our City, while not being applied to food purchased as groceries or prescription medication. FISCAL IMPACT Continuing Proposition D at the current rate of one cent will provide approximately $10 million per year in revenue to the City of National City to continue to provide programs and services to residents, businesses and visitors which have been identified as essential or desired such as police patrols, 911 medical emergency services, fire response, gang/drug prevention programs, street and pothole repair, library services, youth and senior recreation programs. ORDINANCE NO. 2014 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 4.60.170 OF THE NATIONAL CITY MUNICIPAL CODE EXTENDING AN EXISTING TRANSACTIONS AND USE TAX ("PROPOSITION D") THE PEOPLE OF THE CITY OF NATIONAL CITY DO ORDAIN as follows: SECTION 1. That Section 4.60.170 of Chapter 4.60 of Title 4 of the National City Municipal Code is hereby amended to read as follows: 4.60.170 Expiration. The authority to levy the tax imposed by this chapter shall be extended twenty years from the initial expiration date of ten years from the operative date and shall expire at the conclusion of the twenty year extension, unless the city council prior to the extended expiration date determines that the levy and collection of the tax is no longer necessary, in which case the city council has the authority to reduce the rate of tax, or to terminate the imposition of the tax. The city shall immediately notify the State Board of Equalization in writing in the event that the tax is reduced or terminated. The operative date of such rate reduction or termination shall be the first day of the first calendar quarter commencing more than one hundred ten days after the State Board of Equalization receives such notice of termination. SECTION 2. This ordinance, following its adoption by at least 4 affirmative votes of the City Council and its publication, shall be submitted to the voters at an election to be held on November 4, 2014. Upon approval by a majority of the voters of the City voting on this ordinance, the Transactions and Use Tax set forth in City of National City Ordinance No. 2006- 2278 shall be continued an additional twenty years unless reduced or terminated by the City Council or repealed by the majority of the voters of the city. SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. SECTION 4. Based on all the information presented at the June 17, 2014 meeting, both written and oral, including the staff reports, minutes, and other relevant materials, the City Council finds that under CEQA Guidelines 15060(c)(2) and 15378, subdivisions (2) and (4) of subdivision (b), this action does not constitute a project under CEQA and therefore review under CEQA is not required. SECTION 5. Effective Date. This ordinance, following its adoption by at least 4 affirmative votes of the City Council and its publication, shall become effective, if approved by a majority of the voters voting on the issue at the November 4, 2014 election, pursuant to Elections Code Section 9217, ten (10) days after the City Council declares the results of the election. The operative date of the Transactions and Use Tax set forth in the City of National City Ordinance Number 2006-2278 shall not be affected by this Ordinance. [Signature Page to Follow] PASSED and ADOPTED this 5th day of August, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ordering extending an existing Ordinance No. 2014- Transactions and Use Tax ("Prop D") 2 August 5, 2014 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 5, 2014 AGENDA ITEM NO. 121 ITEM TITLE: An Ordinance of the City Council of the City of National City ordering the submission of a measure to extend an existing voter approved Transactions and Use Tax (A Sales Tax) in the amount of one percent (1 %) to the qualified voters of the City at the General Municipal Election to be held on November 4, 2014 PREPARED BY: Claudia Gacitua Silva DEPARTMENT: PHONE: !Ext. 4220 APPROVED BY: EXPLANATION: On June 17, 2014, the City Council unanimously adopted two ordinances related to the extension of the existing transactions and use tax (Prop D). Before you is re -adoption of the same two ordinances to remedy the prior agenda's omission of the waiver of the reading of the full text, which is generally part of the consent agenda. Ordinances can be introduced or adopted by reading the title as long as there is an action waiving the reading of the full text, prior to the ordinance being introduced or adopted. Separately on the consent agenda is the action waiving the reading of the full text. There are no changes to the text of either ordinance. The prior staff report is also included for your reference. The related resolutions adopted on June 17, 2014 are not affected and remain adopted as of that date. Please see attached prior staff report for further reference. FINANCIAL STATEMENT: ACCOUNT NO. I IN/Aj ENVIRONMENTAL REVIEW: N/A, ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: ;Introduce ordinance. BOARD / COMMISSION RECOMMENDATION: 1N/A ATTACHMENTS: Memorandum Proposed ordinance; City Council Staff Report June 17, 2014 ITEM Staff Report: Submission of a ballot measure to extend for twenty years an existing voter approved Transactions and Use Tax (a sales tax) in the amount of one cent (1 %) to the qualified voters of the City at the General Municipal Election BACKGROUND In November, 2006 the voters of the City of National City voted to establish dedicated local funding to provide for City services benefitting National City residents, businesses and visitors. Proposition D has maintained the City's 911 services, prevented cuts to police and fire services and ensured adequate funding for parks, libraries and other City programs. As a locally enacted measure, the sales tax created a funding stream that could not be taken by other entities such as the State of California. The law provides this locally controlled revenue stream is not applied to rent, utilities, groceries (unprepared food for human consumption) or prescription medication. National City has a vibrant daytime community with the population almost doubling that of the night time population as a result of people coming in to work in the community or simply to enjoy the City's amenities. All of these individuals are utilizing City resources as they drive on National City roads, and use the parks, library, community programs, and fire and police services. Our locally -enacted funding allows the City to cover a portion of the costs associated with meeting the needs of such visitors. The 2006 ballot measure came as the result of a fiscal crisis for the City of National City. In 2005 and 2006, the City faced structural deficits of $4 million and $6.7 million, respectively, resulting from outside economic forces including takeaways by the State. The convergence of these factors resulted in significantly decreased revenues, the direct result of which was a decrease in services to National City residents and visitors. Impacts included a reduction in library hours of operation and a reduction of personnel, including firefighters and police officers. Due to circumstances outside of its control, the City faced additional fiscal challenges, beginning in 2008 with the onset of the global recession, the recovery from which still is not complete. The recession coupled with Sacramento money grabs, created significant challenges to the City through the loss of investment income and revenue streams intended to bring projects to National City that would have increased the City's tax base. Page 2 Staff Report — Ballot Measure Extending Sales Tax June 17, 2014 In 2011, the State -mandated dissolution of redevelopment agencies eliminated millions of dollars in State funding that National City relied on for economic development, anti -blight, and other critical programs. Proposition D is scheduled to expire, in September 2016. The ability to forecast diverse revenue streams is critical to National City's long-term stability. Proposing an extension to Proposition D in 2014 helps provide financial certainty going forward, and allows the City to continue its long term planning and programming efforts. Maintaining financial stability is crucial to the future of National City. DISCUSSION With the current measure set to expire soon, in September, 2013 staff developed a Three Year Operating Plan and initiated an independent Community Opinion Survey, both of which were presented to the City Council in January, 2014. Survey results, as presented, showed that 64% of residents believe that the City is "generally headed in the right direction", with strong favorability ratings for the Fire Department at 95%, the Police Department at 88% and National City government overall at 69%. The City of National City is a full service City with its own locally controlled fire and police department as well as other programs and services desired by residents and local businesses such as neighborhood code enforcement, library, street and sewer repair and maintenance, and park and recreation programs. More than three -in -four respondents (78%) believe the City needs funding to maintain the current level of City services. Should Proposition D expire, the City will lose approximately $10 million a year. The revenue generated by Proposition D represents approximately 24% of the City's annual General Fund operating budget. The General Fund supports many programs and services including fire, police, code enforcement, and youth and senior recreation programs. At 24% of the General Fund operating budget, the loss of this revenue will create a fiscal crisis for National City. Without this dedicated revenue stream, the City is forecasted to face a 22.3% reduction in personnel. A reduction in personnel will impact programs and service delivery City-wide, including: • Fire — closing of Fire Station 31 (one of only two National City fire stations) • Police — a reduction in 44% of the City's police officers, elimination of Gang Enforcement, SWAT, Traffic and Community Services Units; elimination of the drug prevention program and school police officers; reduction in the number of neighborhood patrols Neighborhood Services — elimination of the Graffiti Removal program • Housing and Grants — elimination of the City run Senior Nutrition Program (return the program to the County to find other partners/grantees) • Library — a 23% reduction in Library hours; elimination of the Literacy Program • Community Services — closure of community centers and associated recreation and senior programs, closure of Casa de Salud and the Manuel Portillo Youth Center teen program; closure of the El Toyon Recreation Center and the Tiny Tots youth program. The proposed Proposition D continuation measure will prevent a fiscal crisis and continue a dedicated revenue stream for vital programs and services benefiting National City residents, businesses and visitors. If approved by voters, the measure would continue the current rate of Page 3 Staff Report — Ballot Measure Extending Sales Tax June 17, 2014 one cent (1%), with no increase. With an affirmative vote of the majority of voters, this measure would remain in effect for an additional twenty years and would continue to be reviewed every five years by an Independent Oversight Committee. National City has undertaken several initiatives to maintain fiscal integrity. Staffing levels have been reduced; conservative spending plans have been adopted and adhered to; and economic development and redevelopment plans have been drafted with some executed and others slated for execution (the process has been slowed by the economic downturn). Throughout, the City has maintained clean audits. The current forecasted crisis emanates from political and market forces outside of the City's control, including but not limited to the State's elimination of Redevelopment Agencies. Locally, the loss of the Redevelopment Agency has resulted in the loss of approximately $7 million in tax increment revenue, and a significant slowing in revitalization efforts. The continuation of voter -approved, local revenue will provide funds that stay in National City for the benefit of National City residents, businesses and visitors. After hearing a summary of the proposed continuation measure, 75% of survey respondents support continuing the existing, voter -approved one cent sales tax. PROCEDURE REGARDING PLACING A BALLOT MEASURE ASKING VOTERS TO EXTEND THE EXISTING TRANSACTIONS AND USE TAX California Revenue and Taxation Code section 7285.9 authorizes the City Council to levy, increase, or extend a transactions and use tax (a sales tax) at a rate of 0.125 percent or a multiple thereof, as long as the ordinance is approved by two-thirds of the City Council and by a majority vote of the qualified voters of the city voting in an election on the issue. At the January 21, 2014 City Council meeting, the City Council authorized the development and drafting of a proposed ballot measure to extend the City's existing voter -approved district sales tax beyond 2016 to maintain the City's public safety services, prevent cuts to police and fire services, and ensure adequate funding for parks, libraries, and other City services. At the February 18, 2014 City Council meeting, city staff presented the proposed timeline for the development and drafting of such a proposed ballot measure to be placed on the November 2014 ballot. Staff is now returning with the resolutions and ordinances placing a measure on the November 4, 2014 ballot for voter approval of a twenty year extension of the one -cent (one percent) transactions and use tax. In order to proceed, pursuant to Section 7285.9 and other applicable state law, the City Council would first enact an ordinance amending Section 4.60.170 of the Municipal Code. The ordinance would take effect immediately pursuant to Government Code section 36937, because it relates to "taxes for the usual and current expenses of the city." The Council would also adopt an ordinance ordering the submission of a proposition to the voters at the regular municipal election on November 4, 2014, to consider approval of the ordinance, and a resolution calling the election, submitting the ballot measure to the voters and approving the form of the ordinance. Those ordinances and resolutions are before the City Council for consideration of adoption. To qualify as a general tax, requiring a majority vote, the taxes must be deposited into the General Fund. These funds can be used for any service or activity paid for from the City's Page 4 Staff Report — Ballot Measure Extending Sales Tax June 17, 2014 General Fund, such as police, fire, park, and library services. There can be no commitment in advance as to how the monies will be spent, other than for general municipal services. If approved, the ordinance would continue the transactions tax at the rate of one percent of the gross receipts of any retailer from the sale of all tangible personal property sold in the city. The ordinance would continue a use tax on the storage, use, or other consumption in the City of tangible personal property produced from any retailer at the rate of one percent of the sales price of the property. Certain transactions would continue to be exempt from the tax, such as a sale of property to be used outside the City and which is shipped to a site outside the City. The tax would continue an additional twenty years until the City Council reduces or repeals the tax based upon finding that the levy and collection of the tax is no longer necessary. The provision requiring an independent committee comprised of three experts in financial matters to convene every five years to report their recommendations to the Mayor and City Council as to whether the tax should remain in effect at the current rate, be reduced, or be terminated would remain in effect. RECOMMENDATION In order to maintain service levels and achieve fiscal viability, staff recommends that the City Council adopt the proposed ordinance, ordering the submission of a measure to extend the existing voter approved transaction and use sales tax in the amount of one cent (1%) to the qualified voters at the General Municipal Election to be held on November 4, 2014. This ballot measure will continue existing funding beyond its expiration date for an additional twenty years with no increase in tax rate to maintain the City's public safety, prevents cuts to police and fire and ensures adequate funding for parks, libraries and other vital City services. With thousands of people visiting National City every day, the existing Proposition D has ensured that out-of-towners continue to pay their fair share for police, fire, street repair and other services they use when they visit our City, while not being applied to food purchased as groceries or prescription medication. FISCAL IMPACT Continuing Proposition D at the current rate of one cent will provide approximately $10 million per year in revenue to the City of National City to continue to provide programs and services to residents, businesses and visitors which have been identified as essential or desired such as police patrols, 911 medical emergency services, fire response, gang/drug prevention programs, street and pothole repair, library services, youth and senior recreation programs. ORDINANCE NO. 2014 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING THE SUBMISSION OF A MEASURE TO EXTEND AN EXISTING VOTER APPROVED TRANSACTIONS AND USE TAX (A SALES TAX) IN THE AMOUNT OF ONE PERCENT (1%) TO THE QUALIFIED VOTERS OF THE CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014 WHEREAS, section 7285.9 of the California Revenue and Taxation Code authorizes cities to levy, increase, or extend a transactions and use tax ("sales tax" or "sales and use tax") at a rate of 0.25% (or any multiple thereof) to be expended for general purposes, which transactions and use tax is subject to the approval by a two-thirds majority vote of all the members of the City Council and by a majority vote of the qualified voters of the City voting in an election on the issue; and WHEREAS, Article XIII C, section 2 of the California Constitution requires that a general tax must be approved by a majority vote of the qualified voters of the City voting in an election on the issue, and that said election shall be consolidated with a regularly scheduled general election for members of the governing body of the local government; and WHEREAS, a majority of the voters of the City of National City approved a one cent (1 %) Transactions and Use Tax which expires in September 2016; and WHEREAS, without the revenue provided by the existing voter approved local funding measure the City will cut public safety, reduce gang and drug prevention, police officer staffing at local schools, neighborhood patrols and graffiti removal and eliminate up to one-third of the City's firefighters; and WHEREAS, local funding that cannot be taken by the State ensures adequate funding for parks, libraries, and other City services; and WHEREAS, the City Manager has presented evidence that the City faces at the current expiration of the transactions and use tax a budget deficit in the magnitude of a $8 Million annual shortfall in funding City services, facilities and programs, including public safety services, facilities and programs, which will result in a substantial reduction in those services, facilities and programs unless additional sources of revenue can be found; and WHEREAS, National City has one of the highest crime rates in the County and public safety represents over 70% of the City general fund budget; and WHEREAS, the reduction of police, firefighters and paramedics will increase 9-1- 1 emergency response times; and WHEREAS, it is important to National City residents that we keep our own local police and fire departments, prevent the outsourcing of these services, and maintain local control; and WHEREAS, thousands of people visit National City every day and this local funding ensures that they pay their fair share for police, fire, street repair and other services these visitors use when they are in National City; and WHEREAS, the City Council desires to submit a ballot measure on extending the previously approved one cent (1 %) transactions and use tax to the qualified voters of the City of National City at a Regular Municipal Election to be consolidated with the Statewide General Election to be held on November 4, 2014 (the "Consolidated Election"). THE PEOPLE OF THE CITY OF NATIONAL CITY DO ORDAIN AS FOLLOWS: SECTION 1. Findings. A. At an election held on June 6, 2006, a majority of the voters of the City of National City approved a one cent (1%) Transactions and Use Tax, commonly known as "Proposition D." B. Proposition D is codified in Chapter 4.60 of Title 4 of the National City Municipal Code and has an expiration date on the tenth anniversary of the operate date thereof, unless extended by a majority of the voters of the City. C. An extension of Proposition D will be submitted to the voters to extend the expiration date of Proposition D an additional twenty years, unless repealed or reduced by a vote of the City Council. D. The City of National City has taken many steps to reduce costs and protect services. The City has reduced the overall number of police officers, firefighters, and other city employees, consolidated City departments, instituted pension reform, and obtained employee concessions. E. The City's fiscal situation has been reviewed by the Independent Oversight Committee, which was comprised of independent financial and municipal experts from the San Diego region. This Independent Oversight Committee report stated: "...the City has been able to balance the General Fund budget each year, but the deficit is structural, returning the next year because revenues are insufficient to cover expenses. Worse yet, the City's five year budget forecast show these deficits will persist through 2016. In other words, the City is not expecting to solve the structural deficit problem, although, thanks to revenue from the District Tax and actions taken to reduce General Fund expenditures, the City does expect to keep the deficit from spiraling out of control. However, when Proposition D expires in 2016 the sales tax revenue it has been contributing goes away, at which time the general fund deficit would balloon by its expected value, estimated to be $9.5 million." F. The City has taken significant steps toward long-term pension reform. All City employees pay the maximum employee contributions allowed by CaIPERS into their retirement programs. The City adopted two-tier retirement benefit structures for both safety and general members years before the state implemented its revised pension provisions. G. Employees of the City have made important contributions toward the fiscal health and stabilization of the City's finances. Employees agreed to share the costs of increases to health care, and have taken unpaid work furlough. H. The National City Public Library is open six days a week but operates only four hours a day on weekends and remains closed on Fridays. Ordering the submission of a measure to extend Ordinance No. 2014- an existing Voter approved transactions and use tax 2 August 5, 2014 I. The City has deferred maintenance in its public facilities. Facilities such as Kimball Park, El Toyon Recreation Center, and the Senior Centers are all in need of maintenance which has been deferred due to the lack of funding. J. The City workforce, including public safety, has been reduced approximately 14% since 2006. K. The overall reductions taken throughout the City have broadly impacted services throughout the City. The City Manager's Three -Year Operating Plan estimates that further cuts amounting to 90.56 full-time equivalent positions will be necessary absent this local revenue source of funding. Reductions in staffing is a reduction in services to the community. L. On May 14, 2013, the City Council was presented with various options regarding generating local revenues. None of the other presented options were projected to generate sufficient revenue to meet the City's operating expenses. M. An independent Community Outreach Survey was undertaken in September, 2013 polling approximately 400 likely voters. N. Without Proposition D, the City of National City will not be able to maintain existing programs and services or restore services that have been reduced or eliminated, will not be able to adequately maintain infrastructure or facilities, will not be able to add necessary resources to the Police Department, and will not be able to maintain the reduced Police Department staffing currently in place. O. On January 21, 2014, the results of the independent Community Outreach Survey were presented to the City Council. P. On January 21, 2014, the City Council was presented a Three -Year Operating Plan for Fiscal Years 2015 through 2017 which discussed the action plan to address the reduction in revenue due to the expiration of Proposition D. As part of this Three -Year Operating Plan, all departments, including Fire and Police, were directed to plan for a 24% reduction in general fund operating revenue for Fiscal Year 2017. At the conclusion of this presentation, the City Council directed the development and drafting of a proposed ballot measure to extend the previously voter approved one cent district sales tax beyond its expiration date. Q. Based on all the information presented at the June 17, 2014 meeting, both written and oral, including the staff reports, minutes, and other relevant materials, the City Council finds that under CEQA Guidelines 15060(c)(2) and 15378, subdivisions (2) and (4) of subdivision (b), this action does not constitute a project under CEQA and therefore review under CEQA is not required. SECTION 2. At the consolidated statewide general election to be held on November 4, 2014, there shall be submitted to the qualified voters the following measure to approve an ordinance extending the previously voter approved one cent (1 %) transactions and use tax for general purposes: Ordering the submission of a measure to extend Ordinance No. 2014- an existing Voter approved transactions and use tax 3 August 5, 2014 National City Continuation of City Services Funding Measure. To maintain National City's public safety and prevent cuts to neighborhood police patrols and officers; gang/drug prevention; 911 emergency response; fire protection and firefighters; graffiti removal; street/pothole repair; senior/youth/library program; and other City services; shall National City continue its existing voter -approved one -cent sales tax for 20 years with Citizens' Oversight, annual independent audits, all money kept in National City, with no increase in tax rate? YES NO SECTION 3. The measure shall be submitted to the voters of National City as required by Section 53720, et seq., of the California Government Code, approved by the voters of California in 1986 as Proposition 62, as required by Article XIII C of the California Constitution, approved by the voters of Califomia in 1996 as Proposition 218, and as required by Section 7285.9 of the California Revenue and Taxation Code. SECTION 4. The proposed extension of the transactions and use tax shall remain at the rate of one cent (1%) and shall expire twenty years from September 2016 (the current expiration date), unless the City Council finds the levy and collection of the tax is no longer necessary for the City's fiscal stability and sustainability, in which case the City Council has the authority to reduce the rate of tax, or to terminate the imposition of the tax. SECTION 5. This ordinance shall take effect immediately as an ordinance relating to an election, pursuant to California Government Code Section 36937 (a). PASSED and ADOPTED this 5th day of August, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ordering the submission of a measure to extend Ordinance No. 2014- an existing Voter approved transactions and use tax 4 August 5, 2014 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT •EETING DATE: August 5 2014 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of 60 feet of red curb "No Parking" between 630 and 632 East Division Street to enhance visibility and access onto East Division Street (TSC Item No 2014-07) PREPARED BY: Kenneth Fernandez, P.E. PHONE: 619-336-4388 EXPLANATION: See attached. • AGENDA ITEM NO. 22 DEPARTMENT: Engineering and Public Works 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 authorizing the installation of red curb "NO PARKING" in front of 630 and 632 East Division Street. BOARD / COMMISSION RECOMMENDATION: At their meeting on June 11, 2014, the Traffic Safety Committee unanimously approved the staff recommendation to install 60 feet of red curb "NO PARKING" in front of 630 and 632 East Division Street. AITTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on June 11, 2014 (TSC 2014-07) 3. Letter to residents 4. Resolution EXPLANATION Mr. Raymundo Rios, resident and property owner of 630 and 632 East Division Street, has requested red curb "No Parking" in front his property for enhanced Tine -of -sight and safety. His residence is located on the south side of East Division Street, starting approximately 300 feet west of Highland Avenue. Mr. Rios is requesting painted red curb at the front of his property to improve visibility and enhance safety for vehicles entering/exiting the site. Staff performed a site evaluation. The posted speed limit is 30 mph for eastbound traffic. There is an on -site private driveway and garage at 632 East Division Street. Conversely, 630 East Division Street does not have both a private driveway and garage. The length of the curb between the driveway apron at 632 East Division Street and the shared fence line with Mr. Rios' westerly next -door neighbor at 622 East Division Street is approximately 60 feet, allowing parking for up to three standard -sized vehicles. Safety concerns arise when vehicles are parked at this location due to insufficient visibility from a steep vertical crest curve when looking west. Staff recommends painting this entire section of curb red for "No Parking" to enhance safety and as a preventive measure for downstream residents, like Mr. Rios, from egressing his property. If approved, it would result in the loss of three standard -sized on -street parallel public parking spaces. Engineering staff anticipates that public on -street parking in front of 622 East Division Street should not be adversely affected because the nearby residential properties on the south side of East Division Street have available off- and on -street parking in front of their respective properties. In addition, Mr. Rios has stated that he and his family often avoid utilizing on -street parking in front of both of his properties. Staff sent letters to area residents, tenants, and property owners inviting them to attend the Traffic Safety Committee Meeting. Residents from the neighborhood responded by attending the meeting. Mr. Rios was present in support of the item while a number of surrounding residents were against it. Prior to voting on the item, the committee members carefully listened to both sides of the public opinion and a summary of Staff's report. STAFF RECOMMENDATION: Staff recommends the following changes to curbside parking between 622 and 632 East Division Street to enhance safety and visibility: 1) Convert 60 feet of unrestricted on -street public parking in front of a busy residential area to red curb "No Parking". TRAFFIC SAFETY COMMITTEE RECOMMENDATION At their meeting on June 11, 2014, the Traffic Safety Committee unanimously approved the staff recommendation. If approved by City Council, all work will be performed by City Public Works Division staff. 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JUNE 11, 2014 ITEM TITLE: REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" IN FRONT 'OF 630 AND 632 E DIVISION STREET TO ENHANCE VISIBILITY AND ACCESS ONTO EAST DIVISION STREET (BY R. RIOS) PREPARED BY: Kenneth Fernandez, P.E. Engineering and Public Works Department, Engineering Division DISCUSSION: Mr. Raymundo Rios, resident and property owner of 630 and 632 East Division Street, has requested red curb "No Parking" in front his property for enhanced line of site and safety. His residence is located on the south side of East Division Street, starting approximately 300 feet west of Highland Avenue. Mr. Rios is requesting painted red curb at the front of his property to improve visibility and enhance safety for vehicles entering/exiting the site. Staff performed a site evaluation. The posted speed limit is 30 mph for eastbound traffic. There is an on -site private driveway and garage at this property. The length of the curb between the driveway apron at 632 East Division Street and the shared fence line with Mr. Rios' westerly next -door neighbor at 622 East Division Street is approximately 60 feet, allowing parking for up to three standard -sized vehicles. Safety concerns arise when vehicles are parked at this location due to insufficient visibility from a steep vertical crest curve when looking west. Staff recommends painting this entire section of curb red for "No Parking" to enhance safety and as a preventive measure for downstream residents, like Mr. Rios, from egressing their properties resulting in the loss of three standard -sized on -street parallel public parking spaces. Engineering staff anticipates that public on -street parking in front of 622 East Division Street should not be affected. The nearby residential properties on the south side of East Division Street have available on- and off-street parking. Staff sent letters to area residents, tenants, and property owners inviting them to attend the Traffic Safety Committee Meeting. STAFF RECOMMENDATION: Staff recommends installation of approximately 60 feet of red curb "No Parking" in front of 630 and 632 East Division Street to enhance safety. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2014-07 -1- -z- • 5 -2/ 7Z--i -.4e)4e. 1, K7/4 77'7 '47 75'3 /51 -4/ '"•)-7 747 # 2 r./9 (-7 / L./ 27-v 7 .1- g cr-10•1 1:1/ .441:01" Z/ - Location Map Proposed 60' Red Curb "No Parking" per TSC 2014-07 (Loss of 3 On -Street Parking Spaces) Eastbound East Division Street just west of 632 East Division Street driveway apron (looking west) -4- July 16, 2014 Resident/Owner National City, CA 91950 RE: REQUEST FOR RED CURB "NO PARKING" BETWEEN 630 AND 632 E. DIVISION STREET TO ENHANCE VISIBILITY AND ACCESS ONTO E. DIVISION STREET (TSC ITEM NO. 2014-07) Dear Resident/Owner: We would like to inform you that the referenced item (see attached) was approved by the Traffic Safety Committee on Wednesday, June 11, 2014. This item will now be presented to the City Council of the City of National City for action on Tuesday, August 5, 2014 at 6:00 P.M. The public meeting will be held in the 2nd floor Council Chambers of the Civic Center Building located at 1243 National City Boulevard. If you have any questions or comments, please contact the Engineering Department at 619-336-4380, and reference Traffic Safety Committee Item #2014-07. Sincerely, Stephen Manganiello City Engineer 2014-07 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov -5- Location Map Proposed 60' Red Curb No Parking1° per TSC 2014-07 (Loss of 3 On -Street Parking Spaces) RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF 60 FEET OF RED CURB "NO PARKING" BETWEEN 630 AND 632 EAST DIVISION STREET TO ENHANCE VISIBILITY AND ACCESS ONTO EAST DIVISION STREET WHEREAS, the resident and property owner of 630 and 632 East Division Street, has requested red curb "No Parking" in front his property for enhanced line -of -sight and safety. His residence is located on the south side of East Division Street, starting approximately 300 feet west of Highland Avenue; and WHEREAS, the length of the curb between the driveway apron at 632 East Division Street and the shared fence line with Mr. Rios' westerly next -door neighbor at 622 East Division Street is approximately 60 feet, allowing parking for up to three standard -sized vehicles, but safety concerns arise when vehicles are parked at this location due to insufficient visibility from a steep vertical crest curve when looking west. WHEREAS, after a site evaluation, staff recommends converting 60 feet of unrestricted on -street public parking in front of the busy residential area on East Division Street to red curb "No Parking" to enhance safety, and as a preventive measure for downstream residents from egressing their property, resulting in the loss of three standard -sized on -street parallel public parking spaces; and WHEREAS, at its meeting on June 11, 2014, the Traffic Safety Committee approved staff's recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes converting 60 feet of unrestricted on -street public parking in front of the busy residential area on East Division Street to red curb "No Parking" to enhance safety, and as a preventive measure for downstream residents from egressing their property. PASSED and ADOPTED this 5th day of August, 2014. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: "August 5, 2014 AGENDA ITEM NO. 23 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the appropriation and corresponding revenue increase of $2,150,000 for the purpose of covering expenditures related to the relocation of Public Works facilities and environmental remediation on the Westside In -fill Transit Oriented Development project site. PREPARED BY: Stephen Manganiello, City Engineer DEPARTMENT: Engineering PHONE: (619) 336-4382 EXPLANATION: APPROVED BY: Paradise Creek Housing Partners, L.P., a California limited partnership ("Developer") and the Community Development Commission of the City of National City ("CDC") entered into a Disposition and Development Agreement titled Transit Oriented InfiWI Affordable Housing and Paradise Creek Enhancement Project and dated June 21, 2011 ("DDA"). Phase I of the development consists of 109 units and the development of a community park. On December 18, 2013, the City of National City entered into a Site Infrastructure Agreement ("Agreement") with the Developer that would reimburse the City of National City up to $4,000,000 for the fees, costs and expenses incurred by the City with respect to preparation of the Site, including without limitation, costs incurred with respect to relocation of persons and improvements located at the Site. The City has received $2,000,000 in fee revenue to date and is pending receipt of the remaining $2,000,000 as required by the Agreement. Of the $4,000,000 of revenue from the Agreement, $1,000,000 was appropriated by the City Council on February 4, 2014 and $850,000 was appropriated on June 17, 2014. The appropriations made to date under the Agreement total $1,850,000 and $2,150,000 remains to be appropriated. Staff is requesting that the remaining $2,150,000 be appropriated by the City Council for the payment of site remediation and Public Works facility relocation contracts and related costs budgeted under the expenditure accounts specified below. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. i APPROVED: Revenue $2,150,000 001-06029-3648 WI-TOD Site Infrastructure Expenditure $300,000 001-409-500-598-1596 WI-TOD Site Remediation $1,850,000 001-409-500-598-1595 Public Works Facility Relocation Project ENVIRONMENTAL REVIEW: Not applicable. ORDINANCE: INTRODUCTION: FINAL ADOPTION: finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: !Not applicable. ! ATTACHMENTS: Attachment No. 1 Site Infrastructure Agreement Attachment io . 1 ORV SITE INFRASTRUCTURE AGREEMENT THIS SITE INFRASTRUCTURE AGREEMENT ("Agreement") is dated as of the 171 day of December, 2013, by and between the City of National City ("City"), Paradise Creek Housing Partners, L.P., a California limited partnership ("Developer"). RECITALS A. The Developer and the Community Development Commission of the City of National City ("CDC") entered into that certain Disposition and Development Agreement [Transit Oriented Infill Affordable Housing and Paradise Creek Enhancement Project] dated June 21, 2011 ("DDA"). The Developer will construct, ground lease and operate "Phase 1" on a portion of the "Site," as both terms are defined in the DDA. The Developer has or will assign its rights and obligations with respect to Phase II, as defined in the DDA, to a limited partnership. B. The City has paid or will pay substantial amounts for preparation of the Phase I Site, which the Developer has agreed to reimburse to the City, which reimbursements shall be referred to herein as the "Site Infrastructure Reimbursements." NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Developer hereby agree as follows: 1. Site Infrastructure. (a) Maximum Amount. In consideration of the mutual covenants set forth in this Agreement, the Developer shall be obligated to pay to the City up to Four Million and No/100 Dollars ($4,000,000.00) ("Maximum Site Infrastructure Reimbursement"), on the terms and conditions set forth herein. (b) Pavment Amount and Timing. Within ten (10) business days of receiving a demand from the City, the Developer shall reimburse the City for the fees, costs and expenses incurred by the City with respect to preparation of the Site, including without limitation, costs incurred with respect to relocation of persons and improvements loc ted at the Site; provided, however that the aggregate amount of such reimbursements shall not bxceed the Maximum Site Infrastructure Reimbursement. The first installment of the Site Infrastructure Reimbursements shall be One Million and No/100 Dollars ($1,000,000.00), which amount shall be due and payable to the City on or before January 6, 2014. The City acknowledges that the Developer will be paying the Site Infrastructure Reimbursements utilizing funds from third -party sources that may not have been fully -funded at the time the City and Developer are entering into this Agreement. Therefore, notwithstanding anything to the contrary set forth in this Agreement, in the event that the City makes a demand for payment under this Section 1(b) and the Developer has not received funds sufficient to pay the amount demanded, the parties shall meet and confer in order to agree on an amount and a time for payment; and until they reach such an agreement no amounts shall be due hereunder. 1 Attachment No. 1 2. No Representations or Warranties by the City. Except as set forth in the DDA, the City is not making any representations or warranties whatsoever to the Developer with respect to the condition of the Site, any work done on the Site, or the adequacy or completeness of any Site preparation work. In furtherance and not in limitation of the foregoing sentence, except as set forth in the DDA, the City HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRI I'I'EN, PAST, PRESENT, FUTURE OR OTHERWISE, OF, AS TO, CONCERNING OR WITH RESPECT TO: (1) THE EXISTENCE OF HAZARDOUS MATERIALS OR MOLD UPON THE SITE OR ANY PORTION THEREOF; (2) GEOLOGICAL CONDITIONS, INCLUDING, WITHOUT LIMITATION, SUBSIDENCE, SUBSURFACE CONDITIONS, WATER TABLE, UNDERGROUND WATER RESERVOIRS, LIMITATIONS REGARDING THE WITHDRAWAL OF WATER AND FAULTING; (3) WHETHER OR NOT AND TO THE EXTENT TO WHICH THE SITE OR ANY PORTION THEREOF IS AFFECTED BY ANY STREAM (SURFACE OR UNDERGROUND), BODY OF WATER, FLOOD PRONE AREA, FLOOD PLAIN, FLOODWAY OR SPECIAL FLOOD HAZARD; (4) DRAINAGE; (5) SOIL CONDITIONS, INCLUDING THE EXISTENCE OF INSTABILITY, PAST SOIL REPAIRS, SOIL. ADDITIONS OR CONDITIONS OF SOIL FILL, OR SUSCEPTIBILITY TO LANDSLIDES, OR THE SUFFICIENCY OF ANY UNDERSHORING; (6) USES OF ADJOINING PROPERTIES; (7) THE VALUE, COMPLIANCE WITH THE PLANS AND SPECIFICATIONS, SIZE, LOCATION, AGE, USE, DESIGN, QUALITY, DESCRIPTION, DURABILITY, STRUCTURAL INTEGRITY, OPERATION, TITLE TO, OR PHYSICAL OR FINANCIAL CONDITION OF THE SITE OR ANY PORTION THEREOF, OR ANY RIGHTS OR CLAIMS ON OR AFFECTING OR PERTAINING TO THE SITE OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, WHETHER OR NOT THE IMPROVEMENTS COMPLY WITH THE REQUIREMENTS OF TITLE III OF THE AMERICANS WITH DISABILITIES ACT OF 1990, 42 U.S.C. §§ 12181-12183, 12186(B) — 12189 AND RELATED REGULATIONS; (8) THE PRESENCE OF HAZARDOUS MATERIALS IN OR ON, UNDER OR IN THE VICINITY OF THE SITE; (9) THE SQUARE FOOTAGE OF THE SITE OR THE IMPROVEMENTS THEREON; (10) IMPROVEMENTS AND INFRASTRUCTURE, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE ROOF, FOUNDATION, FIXTURES, AND PERSONAL PROPERTY, IF ANY; (11) DEVELOPMENT RIGHTS AND EX TIONS; (12) WATER OR WATER RIGHTS; (13) THE DEVELOPMENT POTENTIALR THE SITE; (14) THE ABILITY OF DEVELOPER TO REZONE THE SITE OR CHANGE THE USE OF THE SITE; (15) THE ABILITY OF DEVELOPER TO ACQUIRE ADJACENT PROPERTIES; (16) THE EXISTENCE AND POSSIBLE LOCATION OF ANY UNDERGROUND UTILITIES; (17) THE EXISTENCE AND POSSIBLE LOCATION OF ANY ENCROACHMENTS; (18) WHETHER THE IMPROVEMENTS ON THE SUE WERE BUILT, IN WHOLE OR IN PART, IN COMPLIANCE WITH APPLICABLE BUILDING CODES; (19) THE STATUS OF ANY LIFE -SAFETY SYSTEMS IN THE IMPROVEMENTS ON THE SITE; (20) THE CHARACTER OF THE NEIGHBORHOOD IN WHICH THE SITE IS SITUATED; (21) THE CONDITION OR USE OF THE SITE OR COMPLIANCE OF THE SITE WITH ANY OR ALL PAST, PRESENT OR FUTURE FEDERAL, STATE OR LOCAL ORDINANCES, RULES, REGULATIONS OR LAWS, BUILDING, FIRE OR ZONING 2 Attachment No. 1 ORDINANCES, CODES OR OTHER SIMILAR LAWS; (22) THE MERCHANTABILITY OF THE SITE OR FITNESS OF THE SI1'1; FOR ANY PARTICULAR PURPOSE (THE DEVELOPER AFFIRMS THAT IT HAS NOt RELIED ON THE CITY'S SKILL OR JUDGMENT TO SELECT OR FURNISH THE SITE FOR ANY PARTICULAR PURPOSE, AND THAT THE CITY MAKES NO WARRANTY THAT THE SITE IS FIT FOR ANY PARTICULAR PURPOSE); AND/OR (23) ANY OTHER MAITER CONCERNING THE SITE. THE DEVELOPER SHALL HAVE COMPLETED ALL PHYSICAL AND FINANCIAL EXAMINATIONS RELATING TO THE ACQUISITION OF THE SITE AND WILL ACQUIRE THE SAME SOLELY ON THE BASIS OF SUCH EXAMINATIONS. THE DEVELOPER FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE SITE WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT THE CITY HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. THE CITY SHALL NOT BE LIABLE FOR ANY NEGLIGENT MISREPRESENTATION OR FAILURE TO INVESTIGATE THE SITE NOR SHALL THE CITY BE BOUND IN ANY MANNER BY ANY VERBAL OR WRIITFN STATEMENTS, REPRESENTATIONS, APPRAISALS, ENVIRONMENTAL ASSESSMENT REPORTS, OR OTHER INFORMATION PERTAINING TO THE SITE OR THE OPERATION THEREOF, FURNISHED BY THE CITY, OR ANY AGENT, REPRESENTATIVE, EMPLOYEE, SERVANT OR OTHER PERSON ACTING ON THE CITY'S BEHALF. IT IS ACKNOWLEDGED AND AGREED THAT THE DEVELOPER IS ACQUIRING THE SITE SUBJECT TO THE FOREGOING. THE DEVELOPER WILL GROUND LEASE THE SITE IN ITS "AS -IS" CONDITION AND HEREBY ACKNOWLEDGES AND AGREES THAT THE DEVELOPER IS FULLY AWARE OF THE AGE OF THE SITE, THAT OVER TIME VARIOUS EVENTS MAY HAVE OCCURRED ON THE SITE WHICH EVENTS MAY BE TYPICAL AND(OR) ATYPICAL OF EVENTS OCCURRING TO OTHER PROPERTIES OF SIMILAR AGE TO THE SITE AND SIMILARLY LOCATED IN THE CITY OF NATIONAL CITY AND/OR THE COUNTY OF SAN DIEGO, CALIFORNIA, AND? THAT SUCH EVENTS MAY INCLUDE, WITHOUT LIMITATION, SLAB LEAKS, MOLD , FIRE, SHIFTING, AND VIOLATIONS OF LAWS, ORDINANCES, RULES, REGULATIONS, PERMITS, APPROVALS, LICENSES AND(OR) ORDERS OF GOVERNMENTAL AGENCIES WITH JURISDICTION OVER THE SITE. THE ACQUISITION OF ALL OR ANY PORTION OF THE SITE BY THE DEVELOPER [BY GROUND LEASE OR OTHERWISE] SHALL BE CONCLUSIVE EVIDENCE THAT: (A) THE DEVELOPER HAS FULLY AND COMPLETELY INSPECTED (OR HAS CAUSED TO BE FULLY AND COMPLETELY INSPECTED) THE SITE; AND (B) THE DEVELOPER ACCEPTS THE SP1'E AS BEING IN GOOD AND SATISFACTORY CONDITION AND SUITABLE FOR THEIR PURPOSES. 3 Attachment No. 1 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE DEVELOPER SHALL PERFORM AND RELY SOLELY UPON THE DEVELOPER'S OWN INVESTIGATIONS CONCERNING ITS INTENDED USE OF THE SITE, AND THE SITE'S FITNESS THEREFOR. THE DEVELOPER FURTHER ACKNOWLEDGES AND AGREES THAT THE CITY'S COOPERATION WHETHER BY PROVIDING DOCUMENTS RELATING TO THE SITE OR PERMITTING INSPECTION OF THE SITE, SHALL NOT BE CONSTRUED AS ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, OR WITH RESPECT TO THE ACCURACY, COMPLETENESS, OR RELEVANCE OF THE DOCUMENTS PROVIDED TO THE DEVELOPER IN RELATION TO THE SITE. DEVELOPER'S INITIALS 3. General Provisions. (a) Governing Law. This Agreement shall be interpreted and construed in accordance with California law, without regard to any choice of law principles. (b) Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (c) Captions. The captions in this Agreement are inserted for convenience of reference and in no way define, describe or limit the scope or intent of this Agreement or any of the provisions of this Agreement. (d) Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors, heirs and permitted assigns. (e) Modifications; Waiver. No waiver, modification, amendment, discharge or change of this Agreement shall be valid unless it is in ting and signed by the party against which the enforcement of the modification, waiver, amen ent, discharge or change is sought. (f) Entire Agreement. This Agreement contains the entire agreement between the parties relating to the subject matter hereof and all prior or contemporaneous agreements, understandings, representations or statements, oral or written, are superseded. (g) Partial Invalidity. Any provision of this Agreement which is unenforceable, invalid, or the inclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full effect. 4 Attachment No. 1 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE DEVELOPER SHALL PERFORM AND RELY SOLELY UPON THE DEVELOPER'S OWN INVESTIGATIONS CONCERNING ITS INTENDED USE OF THE SITE, AND THE SITE'S FITNESS THEREFOR. THE DEVELOPER FURTHER ACKNOWLEDGES AND AGREES THAT THE CITY'S COOPERATION WHETHER BY PROVIDING DOCUMENTS RELATING TO THE Sim OR PERMITTING INSPECTION OF THE SITE, SHALL NOT BE CONSTRUED AS ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, OR WITH RESPECT TO THE ACCURACY, COMPLETENESS, OR RELEVANCE OF THE DOCUMENTS PROVIDED TO THE DEVELOPER IN N TO THjE SITE. DEVE . ' : INIT 3. General Provisions. (a) Governing Law. This Agreement shall be interpreted and construed in accordance with California law, without regard to any choice of law principles. (b) Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (c) Captions. The captions in this Agreement are inserted for convenience of reference and in no way define, describe or limit the scope or intent of this Agreement or any of the provisions of this Agreement. (d) Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors, heirs and permitted assigns. (e) Modifications; Waiver. No waiver, modification, amendment, discharge or change of this Agreement shall be valid unless it is in writing and signed by the party against which the -nforcement of the modification, waiver, amendment, discharge or change is sought. (f) Entire Agreement. This Agreement contains the entire agreement between the parties relating to the subject matter hereof and all prior or contemporaneous agreements, understandings, representations or statements, oral or written, are superseded. (g) Partial Invalidity. Any provision of this Agreement which is unenforceable, invalid, or the inclusion of which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full effect. 4 Attachment No. 1 (h) Attorneys' Fees. The parties agree that the prevailing party in litigation for the breach and/or interpretation and/or enforcement of the terms of this Agreement shall be entitled to their expert witness fees, if any, as part of their costs of suit, and attorneys' fees as may be awarded by the court, pursuant to California Code of Civil Procedure ("CCP") Section 1033.5 and any other applicable provisions of California law, including, without limitation, the provisions of CCP Section 998. All claims, disputes, causes of action or controversies shall be subject solely to the jurisdiction of the San Diego Superior Court, Downtown Branch. (i) Independent Counsel. Each of the parties hereto acknowledges that: (i) they have been given the opportunity to be represented by independent counsel in connection with this Agreement; (ii) they have executed this Agreement with the advice of such counsel, if such counsel was retained; and (ii) this Agreement is the result of negotiations between the parties hereto and the advice and assistance of their respective counsel, if such counsel was retained. The fact that this Agreement was prepared or negotiated by any party's counsel as a matter of convenience shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against either party due to the fact that such party's counsel prepared or negotiated this Agreement in its final form. (j) Capacity and Authority. All individuals signing this Agreement for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, represent and warrant that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. City: City of Natio u al City B n Morrison, Mayor Ap i • . ved as to Form: B ua G Silva, City Attorney IGNATURES CONTINUED ON FOLLOWING PAGE) 5 Attachment No. 1 DEVELOPER: Paradise Creek Housing Partners, L.P., a California limited partnership By: Related/Paradise Creek Development Co., LLC, a California limited liability company Its: Administrative General Partner Frank Cardone, Vice President By: CHW Paradise Creek Development Co., LLC, a California limited liability company Its: Managing General Partner By: Community HousingWorks, a California nonprofit public benefit corporation Its: Managing Member By: Anne Wilson, Senior Vice President 6 Attachment No. 1 DEVELOPER: Paradise Creek Housing Partners, L.P., a California limited partnership By: Related/Paradise Creek Development Co., LLC, a Califomia limited liability company Its: Administrative General Partner By: Frank Cardone, Vice President By: CHW Paradise Creek Development Co., LLC, a California limited liability company Its: Managing General Partner By: Community HousingWorks, a California nonprofit public benefit corporation Its: Managing Member I J B,`� l Anne.WJls6n, Senior Vice President 6 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE APPROPRIATION AND CORRESPONDING REVENUE INCREASE OF $2,150,000 FOR THE PURPOSE OF COVERING EXPENDITURES RELATED TO THE RELOCATION OF PUBLIC WORKS FACILITIES AND ENVIRONMENTAL REMEDIATION ON THE WESTSIDE IN -FILL TRANSIT ORIENTED DEVELOPMENT PROJECT SITE WHEREAS, Paradise Creek Housing Partners, LP, (the "Developer") and the Community Development Commission of the City of National City ("CDC") entered into a Disposition and Development Agreement ("DDA") titled Transit Oriented In -fill Affordable Housing and Paradise Creek Enhancement Project, dated June 21, 2011; and WHEREAS, Phase 1 of the development consists of 109 units and the development of a community park; and WHEREAS, on December 18, 2013, the City entered into a Site Infrastructure Agreement ("Agreement") with the Developer that would reimburse the City up to $4,000,000 for the fees, costs, and expenses incurred by the City with respect to preparation of the site, including without limitation, costs incurred with respect to relocation of persons and improvements located at the site; and WHEREAS, the City has received $2,000,000 in reimbursement to date and is pending receipt of the remaining $2,000,000 as required by the Agreement; and WHEREAS, of the $4,000,000 of reimbursement from the Agreement, $1,000,000 was appropriated by the City Council on February 4, 2014, and $850,000 was appropriated on June 17, 2014; and WHEREAS, the appropriations made to date under the Agreement total $1,850,000, and $2,150,000 remains to be appropriated; and WHEREAS, the remaining $2,150,000 to be appropriated by the City Council will be used for the payment of site remediation, and Public Works facility relocation contracts, and related costs. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the appropriation and corresponding revenue increase of $2,150,000 for the purpose of covering expenditures related to Public Works facility relocation and environmental remediation work on the Westside In -fill Transit Oriented Development Project site. PASSED and ADOPTED this 5th day of August, 2014. 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: August 5, 2014 AGENDA ITEM NO. 24 ITEM TITLE: Resolution of the City Council of the City of National City authorizing reduction of the property tax rate for bonded indebtedness for Fiscal Year 2015 from 1.19 cents per $100 of assessed valuation to 0.96 cents. PREPARED BY: Ed Prendell, Budget Analyst DEPARTMENT: Finance PHONE: 619-336-4332 APPROVED BY: EXPLANATION: In the special municipal election held on March 5, 2002, more than two-thirds of National City's eligible voters approved the issuance of General Obligation Bonds to fund the construction of the new National City Library. In April 2003, the City issued the General Obligation Bonds in the aggregate principal amount of $6 million. The bonds mature on August 1 in each of the years 2004 through 2028. In 2012, the City refinanced the bonds to lower the interest rate on the bonds and to decrease the tax burden required for repayment. The amount of principal and interest to be paid each year is generated through the proceeds of property taxes received from the County of San Diego. Each year the City must establish the property tax rate that is needed to raise the revenue required to service its annual bonded indebtedness. For the Fiscal year 2015, the calculated property tax rate is 0.96 cents per $100 of assessed value. This is a 19.41 % reduction from prior year rate of 1.19 cents. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: ‘4(l Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve and File BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Resolution 2. General Obligation Bond Tax Rate Computation for Fiscal Year 2015. General Obligation Bond Debt Service (Fund 259) Tax Rate Computation for Fiscal Year 2015 National City Secured Valuation Unsecured Valuation HO Exemption 1 Net Secured Valuation 3 Less Delinquency Allowance 4 Net after Delinqency 5 Plus HOPTR 6 Prelim Adj Secured Valuation 7 Less Redevelopment Impact 8 Adj Sec Valuation Less Redevelopment Impact 9 Anticipated Roll Corrections 10 Adj Sec Val for Rate Computation 16 Computed Rate 17 Plus .0001 Assessed Rate Valuation 0.0096 3,126,873,039 0.0137 202,268,742 30,097,200 3,126, 873, 039 0.00% - 3,126, 873, 039 30,097,200 3,156,970,239 3,156,970,239 0.0200 62,537,461 3,094,432,778 0.0001 I CERTIFY THAT THE ABOVE COMPUTED RAT d Prendell Budget Analyst FY14/15 Est. Revenue 299,867 27,691 0.00949 0.00959 327,558 PY Rate Change: 11 Amount to be raised 12 Unsecured HOPTR 14 Unsecured Delinquency 15 Less Unsecured Redevelopment Impact 16 Amount to be raised by Secured Taxes 18a Tax rate times #4 Fund No. 6065-50 19.41% 320,294 0 26,583 293,711 296,740 18b Tax rate times HOPTR 2,856 19 Secured Proof 299,596 20 Raised by 1/100th mil 3,094 21,23 Taxes Raised 329,274 + 1/100TH MIL IS A REASONABLE TAX RATE FOR THIS FUND -7/�3 //7 Date RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING REDUCTION OF THE PROPERTY TAX RATE FOR BONDED INDEBTEDNESS FOR FISCAL YEAR 2015 FROM 1.19 CENTS PER $100 OF ASSESSED VALUATION TO 0.96 CENTS WHEREAS, in the special municipal election held on March 5, 2002, more than two-thirds of National City's eligible voters approved the issuance of General Obligation Bonds to fund the construction of the new National City Library; and WHEREAS, in April 2003, the City issued the General Obligation Bonds in the aggregate principal amount of $6 million. The bonds mature on August 1 in each of the years 2004 through 2028; and WHEREAS, in 2012, the City refinanced the bonds to lower the interest rate on the bonds, and to decrease the tax burden required for repayment. The amount of principal and interest to be paid each year is generated through the proceeds of property taxes received from the County of San Diego; and WHEREAS, each year the City must establish the property tax rate that is needed to raise the revenue required to service its annual bonded indebtedness. For the Fiscal year 2015, the calculated property tax rate is 0.96 cents per $100 of assessed value, a 19.41% reduction from prior year rate of 1.19 cents. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the reduction of the property tax rate for bonded indebtedness for Fiscal Year 2015 from 1.19 cents (.0119%) per $100 of assessed valuation to 0.96 cents (.0096%) per $100 of assessed valuation: 2002 General Obligation Bonds: 0.0096% per $100 Assessed valuation. PASSED and ADOPTED this 5th day of August, 2014. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 5, 2014 AGENDA ITEM NO. *5 ITEM TITLE: Resolution of the City Council of the City of National City ratifying a side letter to the Memorandum of Understanding between the City and the National City Firefighters' Association, amending the agreement to increase, by $10.00 per month, to a total of $20.00 per month, the retiree health benefit for eligible members of the Firefighters' Association retiring on or after July 1, 2014. PREPARED BY: Stacey Stevenson DEPARTMENT: Human Resources PHONE: 336-4308 APPROVED BY: EXPLANATION: The Memorandum of Understanding (MOU) between the City of National City and the National City Firefighters' Association (FFA) includes a provision under Article 18, Section 4 for a retiree health benefit for bargaining members who retire from the City of National City with at least 20 full years of service with the National City Fire Department. The current level of benefit is $10 per month for each year of service, a benefit level granted by City Council via a 2012 side letter. The side letter was triggered by a further provision in Section 4 that ties the FFA benefit level to that of the National City Police Officers' Association (POA). On June 17, 2014 the City Council approved an MOU with the POA increasing the benefit to $20 per month. Consistent with the provisions of the FFA MOU contained in Article 18, Section 4, staff requests authorization to execute a side letter with FFA to increase the retiree health benefit from $10.00 per month to $20.00 per month effective July 1, 2014. This increase in benefit does not apply to former members of either FFA or POA that have retired before the effective dates of the enhancement. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS There is no immediate financial impact associated with the action. Any future retiree health benefit payouts associated with this enhancement will be paid from account 212-409-000-199. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution approving the side letter agreement with the Firefighters' Association, increasing the retiree health provision to $20 per month prospectively, effective July 1, 2014 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Side letter to the agreement between the FFA and the City: Article 18, Section 4 - Retiree Health Benefit Resolution N rarcuapoa►�rxn SIDE LETTER TO MEMORANDUM OF UNDERSTANDING BETWEEN NATIONAL CITY FIREFIGHTERS' ASSOCIATION, AND THE CITY OF NATIONAL CITY JULY, 2014 RETIREE HEALTH BENEFIT Upon Council approval of this side letter, the City shall increase, by $10.00 per month, the retiree health benefit for eligible members of the Firefighters' Association retiring on or after July 1, 2014. This side letter will serve both as a supplement to Article 18 of the Memorandum of Understanding (MOU) and as the controlling document related to the City's contribution to retiree medical premiums. ARTICLE 18: EMPLOYEE AND DEPENDENT HEALTH & DENTAL INSURANCE Section 4: Retiree Health Benefit Employees covered by this MOU, who retire from the City of National City with at least 20 full years of service with the National City Fire Department, shall receive a monthly contribution towards their medical premium as follows: a. For employees who retire after July 1, 2002 and before July 1, 2011; $5/month for each year of service with National City Fire Department b. For employees who retire on or between July I, 2011 and June 30, 2014: $10/month for each year of service with National City Fire Department c. For employees who retire on or after July 1, 2014: $20/month for each year of service with National City Fire Department This contribution shall continue until reaching age 65. A qualifying retiree may receive these contributions even if not enrolled in a City health plan, so long as the retiree annually provides the City with written proof (e.g. a copy of health insurance invoice and payment) that the retiree is using the contributions to pay for health premiums and understands that the retiree is solely responsible for any taxes that might be due as a result of the City's contributions. Terminal vacation pay and/or sick leave payment upon retirement or PERS adding unused sick leave accruals toward retirement credit shall not be included in the calculation of 20 full years of service. If the City increases this benefit for the Police Officers' Association, that increase shall also apply to the Firefighters' Association, but not to former members of the FFA already retired at the time the increase is made, unless the increase for the POA applies to its former members already retired at the time the increase is implemented. Retirees eligible for this benefit are responsible for paying the Health Insurance Premium and the City will forward this benefit amount on a monthly basis directly to the Retiree. This benefit will be canceled upon non-payment of premium or otherwise becoming ineligible. The Retiree is also responsible for notification to the City of address change and health coverage from another source. FFA (signature and date) TENTATIVE AGREEMEN Y signature and date) RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING A SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY FIREFIGHTERS' ASSOCIATION ("FFA") AMENDING THE AGREEMENT TO INCREASE THE RETIREE HEALTH BENEFIT FOR ELIGIBLE MEMBERS OF THE FFA RETIRING ON OR AFTER JULY 1, 2014 BY $10 PER MONTH FOR A TOTAL OF $20 PER MONTH WHEREAS, the Memorandum of Understanding ("MOU") between the City and the National City Firefighters' Association ("FFA") includes a provision under Article 18, Section 4, for a retiree health benefit for bargaining members who retire from the City of National City with at least 20 full years of service with the National City Fire Department; and WHEREAS, the current level of benefit is $10 per month for each year of service, a benefit level granted by City Council via a 2012 side letter; and WHEREAS, the side letter was triggered by a further provision in Section 4 that ties the FFA benefit level to that of the National City Police Officers'1Association ("POA"); and WHEREAS, on June 17, 2014, the City Council approved an MOU with the POA increasing the benefit to $20 per month; and WHEREAS, to be consistent with the provisions of the FFA MOU contained in Article 18, Section 4, staff requests authorization to execute a side letter with FFA to increase the retiree health benefit from $10.00 per month to $20.00 per month effective July 1, 2014. This increase in benefit does not apply to former members of either FFA or POA that have retired before the effective dates of the enhancement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies the side letter to the Memorandum of Understanding between the City of National City and the National City Firefighters' Association ("FFA") amending the Agreement to increase the retiree health benefit for eligible members of the FFA retiring on or after July 1, 2014 by $10 per month fora total of $20 per month. PASSED and ADOPTED this 5th day of August, 2014. 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: August 5, 2014 AGENDA ITEM NO. 26 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Second Amendment to the Lease by and between the City and the Boys and Girls Club of Greater San Diego, Inc., consenting to a Sublease Agreement between the Boys and Girls Club and Integrity Charter School and a Sublease between the Boys and Girls Club and Episcopal Community Services for the city -owned land and building located at 1430 "D" Avenue (Housing, Grants, and Asset Management) PREPARED BY: Jo kj r Jejandro DEPARTMENT: Housing, Grants, & Asset Man,, •ement PHONE: 619 336-4266 EXPLANATION: (Please see attached background report). APPROVED BY. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There are no direct financial impacts to the City. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Background Report 2. Amended Lease Agreement 3. Episcopal Community Services Sublease Agreement 4. Integrity Charter School Sublease Agreement Attachment 1 Background Report In 2011, the City of National City and the Boys and Girls Club (BAGC) entered into a 20-year lease agreement for use of the City -owned land and building located at 1430 D Avenue for the purposes of maintaining a clubhouse and 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. On August 16'h, 2011 the City Council adopted Resolution 2011-183, which approved the 20-year lease agreement with the Boys and Girls Club. The BAGC pay $1 per year for rent. In order to assist the Boys and Girls Club with their operating costs, the City is willing to allow two (2) temporary and non-exclusive sublessees, Integrity Chart School (Integrity) and Episcopal Community Service (ECS) onto the city -owned land and building located at 1430 D Avenue. Both Integrity and ECS would share the land and facility with the BAGC. According to section six of the 20-year lease agreement, any subletting requires the City's prior written consent. Integrity and ECS's monthly rent would be paid directly to the BAGC. The City is entitled to the net income, if any, up to the amount of the two subleases. Moreover, the City shall have the option to require the BAGC to operate and maintain the future Kimball Park Skate Park. If exercised, the City shall construct the Kimball Park Skate Park at its own cost and coordinate with the BAGC to develop a secure facility, which would allow the BAGC to control access. Second Amendment to 20-Year Lease Agreement The Second Amendment would allow subletting the city -owned land and building located at 1430 D Avenue to two (2) sublessees — Integrity Charter School and Episcopal Community Services. Both sublessees would share the land and building with the BAGC. Any revenue that exceeds the BAGC's annual operating costs shall be paid to the City. Integrity Chart School Sublease Agreement Terms The Sublease is for a two (2) year term with a one (1) year option to extend. Integrity will use six (6) identified classrooms for kindergarten through second grade. Furthermore, Integrity will have access to the BAGC's bathrooms, computer lab, and gymnasium. The base monthly rent is $5,000 per month for the ten (10) months they are using the site, which would conform as closely as possible to the school schedule of the National City School District. In addition to the monthly rent, Integrity will pay the BAGC $30 per student for those students who are not eligible in the after -school program. Summary of lease terms: • $5,000 per month to the BAGC • 2 years with a 1 year option • $30 to the BAGC for every non after -school program ligible student Episcopal Community Services Sublease Agreement Terms The Sublease is for a five (5) year term with an additional five (5) year option to extend. ECS will use the Youth Center, Youth Office, storage and restrooms, and common areas in order to operate a Head Start Program, which is a comprehensive child development program serving children from birth to five years old. The base monthly rent is $3,534.30. Summary of lease terms: • $3,534.30 per month to the BAGC • 5 year term with a 5 year option Recommendation Staff recommends approving the following: the second amendment to the 20-year lease agreement, which would allow subleasing; the sublease agreement with Integrity Charter School; and the sublease agreement with Episcopal Community Services. Attachment 2 SECOND AMENDMENT TO LEASE BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE BOYS & GIRLS CLUBS OF GREATER SAN DIEGO, INC. THIS SECOND AMENDMENT OF LEASE BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE BOYS & GIRLS CLUBS OF GREATER SAN DIEGO, INC. ("Second Amendment") is made as of this 5th day of August, 2014 by and between the CITY OF NATIONAL CITY ("Lessor") and the BOYS & GIRLS CLUBS OF GREATER SAN DIEGO, a California nonprofit corporation ("Lessee" or the "Club"). Recitals A. Lessor is the owner of certain real property located at 1430 "D" Avenue, National City, situated in San Diego County, State of California (the "Property"). B. Lessor and Lessee executed a lease on effective August 16, 2011 (the "Lease"). Said Lease was amended by a First Amendment dated May 6, 2013. C. Pursuant to Section 3 of the Lease, the Leased Premises was leased to the Club to operate a Boys & Girls Club, and to promote the physical, mental, and moral well-being of the boys and girls of the City of National City and territory adjacent thereto, and to provide such means of education, wholesome recreation and proper guidance as may seem most likely and desirable for the accomplishment of the purposes set forth in the Lease. D. The Club now desires to sublease portions of the Leased Premises for use by a public Head Start Program open to the children of National City, at times and/or in areas the Club is not using for Club purposes. The public Head Start Program extends services to pre-school age children of National City who are currently not being served by the Club. E. The Club also desires to sublease portions of the Leased Premises for use by a public Charter School open to the children of National City, at times and/or places when the Club is not using the Leased Premises for Club purposes. F. Section 6 of the Lease permits subletting of the Leased Premises only with the prior written consent of the Lessor. G. Lessor and Lessee now desire to clarify the terms and conditions of use of the Leased Premises and to modify the Lease so that the two (2) subleases referenced in Recitals D and E can be entered into. NOW, THEREFORE, in consideration of the mutual promises and covenants of the respective parties hereto, it is mutually agreed as follows: Page 1 of 6 1. Section 3. Section 3 of the Lease shall be amended by the addition of the following: "3.1 The Club acknowledges and agrees that the Property is located on public parkland, and as such the Property may or may not be used for certain purposes. 3.2 The City hereby consents to Lessee's sublease (attached as Exhibit A) of a portion of the Premises for the operation of a public Episcopal Community Services Head Start Program conditioned upon the understanding and agreement of the Club that the sublessee's use is temporary, non-exclusive, operates at such times as the Club does not offer programming in certain areas of the Leased Premises and is consistent with and complementary to the primary purpose stated in Section 3 of the Lease. 3.3 The City hereby consents to Lessee's sublease and first amendment (both attached as Exhibit B) of a portion of the Premises for the operation of a public Integrity Charter School conditioned upon the understanding and agreement of the Club that the sublessee's use is temporary, non-exclusive, operates at such times as the Club does not offer programming in certain areas of the Leased Premises and is consistent with and complementary to the primary purpose stated in Section 3 of the Lease. 3.4 In the event there is any successful interim or final order entered by a court of competent jurisdiction relating to a challenge of the use of the Premises by either or both sublessees, Lessee shall cause the sublessee(s) to vacate the premises within a reasonable amount of time or as otherwise provided by court order. 3.5 In the event any possessory interest taxes are assessed against the Lessee or the sublessee(s), the City shall not be responsible for the payment thereof and the Club and/or the sublessee(s) shall be responsible for the tax assessment, if any. This provision is in addition to Lessee's obligation under Section 28 of the Lease." 2. Section 5. Section 5 shall be amended to add the following: "In the event the Lessee sublets the premises with the written consent of Lessor, Lessor shall be entitled to the net income, if any, up to the amount of the sublease. A certified annual income report, in the form approved by the City, and payment, if any, shall be due no more than 90 days from the City selected 12 Page 2 of 6 Attachment 2 month fiscal reporting period." 3. Section 11. Section 11 shall be amended by the addition of subsection a. as follows: "a. National City Skate Park. The Lessor currently operates and maintains a temporary skate board part located in Kimball Park. The Lessor anticipates a permanent skateboard park to be constructed and located in Kimball Park ("Kimball Park Skate Park"). Lessee agrees to operate and maintain all or a portion of the Kimball Park Skate Park, at the Lessor's option, subject to the terms and conditions of an amendment to the Lease as discussed below. If Lessor exercises this option, Lessor shall construct and pay for the construction of the skateboard part facility and work with the Lessee to build a secure facility allowing Lessee the ability to control access to the Kimball Park Skate Park. Lessee's operation and maintenance of the Kimball Park Skate Park shall be subject to a maintenance and operation amendment to the Lease." 4. Section 13. Section 13 shall be amended by the addition of a new Subsection b.iii. as follows: "iii. Any and all liability, obligations, damages, penalties, claims, liens, costs, charges, losses and expenses, including without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants, which may arise out of or be in any way connected with Lessee's sublease of the Premises or sublessee's use of the Premises. Lessee understands and agrees that this obligation is in addition to the indemnity obligations in Section 13.b.i. and is to be construed as a broad indemnity provision in favor of the indemnitees." In all other regards, the Lease dated August 16, 2011 as amended by the First Amendment dated May 6, 2013 shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to Lease to be executed as of the date specified above. Lessor: The City of National City By: Ron Morrison, Mayor Lessee: Boys & Girls Clubs of Greater San Diego, Inc. Page 3 of 6 By: Danny Sherlock, President and CEO By: Board Chairman APPROVED AS TO FORM: Claudia G. Silva, City Attorney Q:\LBBlreal estate\Boys' and Girls' Club\National City\Lease Second Amendment -revised 7-29-14-2.wpd Page 4 of 6 Attachment 3 SUBLEASE This. Sublease ("Sublease") is dated May 1, 2014 and is effective as of the latter of the signature dates below ("Effective Date") between the BOYS & GIRLS CLUBS OF GREATER SAN DIEGO, a California nonprofit corporation (the "Club" or "Landlord") and EPISCOPAL COMMUNITY SERVICES, a California nonprofit corporation ("EC Services" -or "Subtenant") (each a "party" and collectively the "parties"). Recitals A. The Club leases the real property located at 1430 "D" Avenue, National City, California 91950, County of San Diego, State of California. (the "Property" sometimes referred to as the "Payne Family Branch"), as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, from the City of National City ("City"), which property is improved with a "Building". A true and correct copy of said Lease between the Club and the City of National City is attached hereto as Exhibit "B" and incorporated herein by reference. B. Pursuant to the Lease between the City and the Club dated August 16, 2011, Club is granted the right to sublet a portion of the Property, including the Building on the Property, only with the prior written consent of the City. Therefore, the effectiveness of this Sublease is expressly made contingent upon the Club's receipt of the City's written consent, if written consent is required by the City, as set forth below. C. •EC Services desires to sublease a portion of the Property (the "Premises" as defined below) for the purpose of operating a Head Start Program but may not begin operating the Head Start Program until (i) certain improvements have been made to outfit the Premises for the Head Start Program, including the installation of a partition between the classrooms in the Premises and a door to provide access between the ldtchen and the classrooms, as depicted on the Floor Plan attached hereto as Exhibit "C" ("Front -End Improvements") and (ii) all permits and licenses required to lawfully use the Premises for the head Start rrogram ("Program Approvals") have been obtained and are in force or waived by EC Services. j Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH 1 Attachment 3 D. The parties intend that EC Services have access to the Premises after the Effective Date of this Sublease to begin obtaining Program Approvals and readying the Premises for operation of the Head Start Program, but that Rent will not be payable or begin to accrue until the Commencement Date. E. The Club desires to sublease a portion of the Property to EC Services for said purpose. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Subleased Premises. 1.1 Sublease Contingent Upon and Subiect to Approval by City. Subject to the written approval of this Sublease by the City, the written consent hereto by the City and to the provisions of the Lease between the City and the Club, the Club hereby subleases to EC Services and EC Services subleases from the Club, upon all of the terms and conditions set forth in this Sublease, exclusive use of the Youth Center, Youth Office, storage and restrooms as listed and/or depicted on the Floor Plan attached hereto as Rxhibit "C" and incorporated herein by reference (the "Premises") as well as non-exclusive use of the common areas as described below. EC Services shall have no right of possession of any remaining portions of the real property or improvements located thereon. This Sublease subordinates to the applicable covenants and conditions of the Lease, as amended from time to time, between the City and the Club. In the event of conflict between the provisions of this Sublease and those of the Lease, as amended between the City and Club, the Lease, as amended between the City and the Club shall control. 1.2 Sublease Contingent Upon and Subiect to EC Service's Ability to Obtain Required Licenses and Approvals. The effectiveness of this Sublease is contingent upon the ability of EC Services to obtain the required license and environmental approvals, clearances and certifications at the sole cost and expense of EC Services. In the event EC Services does not, after good faith attempts, obtain all required licences, environmental approvals, clearances and certifications, any rent payments made shall be reimbursed to EC Services and no further payments shall be required. Except, any modifications or alterations made to the Premises in anticipation of occupation by EC Services shall returned to the condition prior to the modification or alteration, at the sole and absolute discretion of the Club. Sublease•BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH 2 Attachment 3 1.2 Acceptance of Premises, 1.2.1 By signing this Sublease, EC Services represents and warrants that is has independently inspected the Premises and made or will make all tests, investigations, and observations necessary to satisfy itself of the condition of the real property. EC Services agrees it is• relying solely on such independent inspection, tests, investigations, and observations in making this Sublease. EC Services further acknowledges that the Premises is in the condition called for by this Sublease and EC Services does not hold Club responsible for any defects in the real property. EC Services acknowledges that neither Landlord nor Landlord's agent, if any, has made any representation or warranty as to the present or future suitability oldie Premises or the building for the conduct of EC Services' business. 1.2.2 California Civil Code Section 1983 Disclosure, EC Services further acknowledges that the Property has not been inspected by a Certified Access Specialist (CASp) and it has not been determined or reported whether the Property is in compliance with California Civil Code Section 55.53 to meet all applicable construction related access standards. The Property has not been reviewed for any ecologically sensitive areas including but not limited to wetlands, flood plains, aquifers or conservation areas. 2. Term; Commencement Da . 2.1 The term ('Term") of this Sublease is for a period of fifty-nine (59) months and shall commence on the commencement Date defined in Paragraph 2.2 below and shall expire on June 30, 2019 unless sooner terminated under the terms of this Sublease. 2.2 Commencement Date. The Commencement Date of this Sublease shall be the earlier of completion of the Front -End Improvements and Program Approvals or the date the Premises is delivered to EC Services, but in no event later than August 11, 2014. 2.3 Option to Extend Term. As long as EC Services is not in default of any material term or condition of this Sublease, upon written approval of both parties, EC is granted the option to extend the Term of this Sublease for an additional term of five (5) years ("Extended Term"), on the same terms and conditions as protded in this Sublease. EC Services shall exercise its option to extend, if at all, by deliverink written notice to Club of such election ("Notice of Election") no later than December 31, 2018. The Extended Term shall become effective upon the written approval by the Club. In addition, the Extended Term shall be subject to renewal of the charter petition, which is controlled by the San Diego Unified School District. Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH 3 Attachment 3 3. Rent. Rent and Additional Costs paid to the Club by EC Services shall be referred to as Monthly Consideration. 3.1 $ase Rent. EC Services shall pay to Club a Base Rent as minimum monthly rent, without deduction, setoff, prior notice, or demand the sum of $3,534.30 per month ("Base Rent"). Monthly installments of Base Rent shall be payable monthly, in advance, on the first day of each month. The first month's rent shall be paid upon execution of this Sublease. The rent for any partial month shall be prorated on the basis of a thirty (30) day month. Rent shall be paid in lawful money of the United States to Club at the address set forth on the signature page of this Sublease or to such other person or at such other place as Club may designate in writing. 3.2 Rent Increase. The Base Rent shall be increased annually on the anniversary of the Commencement Date according to the All Urban Consumer Price Index for San Diego County, published by the United States Department of Labor, Bureau of Labor Statistics ("Index"), which is published for the date nearest the date of the anniversary of the Commencement Date of this Sublease as compared to the date immediately preceding thc month in which the term of this Sublease commenced ("Beginning Index"). The Rent shall in no event ever decease below the prior year's Base Rent. 3.3 Additional Costs, In addition to the Base Rent, EC Services shall pay to the Club the following additional costs: 3.3.1 Utilities. EC Services shall pay to the Club 15% of the costs of the utilities, including water, gas and electrical for the Property. 3.3.2 Other Upkeep. EC Services shall pay to the club 18% of the cost of security, exterminator expenses and landscaping costs for the Property. 3.3.3 pavment of Additional Cost. Unless otherwise agreed in writing, EC Services shall pay all Additional Costs then due with the next monthly Rent installment. Additional Costs shall be estimated from the prior year's average monthly costs based on the Club's fiscal year which runs from July 1 through June 30 of each year ("Fiscal Year"). The difference between the estimated actual cost of utilities and the estimated paid per month will be reconciled by the Club quarterly and paid by or credit to EC Services on a quarterly basis, within thirty (30) days of the date of said bill. EC Sery ces acknowledges and agrees that the Additional Costs after the Commencement Date may ' crease from the prior year's costs as the Premises where the Head Start Program will be operated may not have been used to the extent anticipated by this Sublease. Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH 4 Attachment 3 3.3.4 EC Services shall be responsible for reimbursing the Club for the first $5,000 charged to the Club for architectural costs associated with redesigning plumbing for and the construction/replacement cost of the adult toilets with child toilets. 4. Use and Obligations of Parties. 4.1 Use. EC Services shall use those portion of the Club's Property subleased to EC Services herein solely for EC Services' Head Start Program, with a maximum limit of forty-five (45) pre-school children, located on the subleased Premises at any one time, and for no other purpose. 4.2 Compliance With Law; Rules and Regulations. 4.2.1 Compliance with Law. EC Services shall comply with and observe all statutes, ordinances, regulations, orders and decrees of federal, state and city governments, or any departments, bureaus or agencies thereof, and all covenants and restrictions and requirements regulating the use of the Premises, whether now in force or promulgated in the future. Any and all expense resulting from such compliance shall be bom by EC Services. EC Services shall not use nor permit the use of the Premises in any manner which will tend to create waste or a nuisance or shall tend to disturb any other Subtenants in the building in which the Premises is located (the "Building"). 4.2.2 Rules and Regulations. EC Services agrees that it will abide by, keep and observe all reasonable rules and regulations which the Club may make from time to time for the management, safety, care and cleanliness of the Premises, the Building and the surrounding areas as well as for the convenience of other occupants and Subtenants of the Building, if any. The violation of any such rules and regulations shall be deemed a material breach of this Agreement by BC Services. 43 Obligations of EC Services, 4.3.1 EC Services shall obtain all required regulatory certificates necessary for the operation of the Head Start Program on the Premises. 4.3.1.1 In addition to any other requirements hereunder, EC Services shall provide the Club with copies of all licenses, regulatory permits and the required documentation needed to maintain currency, including but not limited to proof of insurance and other documents reasonably required by the Club and/or by the City. Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVIC'FS NATIONAL CITY BRANCH 5 Attachment 3 4.3.1.2 EC Services shall comply with the regulations, policies, guidelines and requirements, including OMB Circulars No. A-95, A-110 and FMC 74-4, as they relate to the application, acceptance and use of federal funds for federally assisted projects. 4.3.13 EC Services shall comply with E.O. 11246, ."Equal Employment Opportunity", as amended by E.O. 11375, "Amending Executive Order 11246 to Equal Employment Opportunity", and as supplemented by regulations at 41 CFR Part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor". 4.3.1.4 Any contractor and subcontractor hired by EC Services shall fully comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, and any other Federal and State laws and regulations hereinafter enacted. 4.3.1.5 EC Services shall comply with the Copeland "Anti - Kickback" Act (18 U.S.C. 874), as supplemented by the Department of Labor Regulations (29 CFR Part 3, "Contractors and subcontractors on public building or public work financed in whole or in part by loans or grants from the United States"). 4.3.1.6 EC Services shall comply with the provisions of the Hatch Act, which limits the political activity of employees. 4.3.2 EC Services shall provide all staff, equipment and supplies, including educational curriculum, required to meet the specified requirements of the Head Start Program. 4.3.3 EC Services shall, at EC Services' sole expense, provide janitorial services to and keep in good order and condition the Premises and all parts thereof. EC Services shall not cause or permit any waste or injury to the Premises and shall keep the Premises free from any and all objectionable noises, odors, rubbish and debris inconsistent with the proper operation of the Head Start Program. 4.3.4 EC Services shall provide meals and/or snacks for Head Start children in accordance with the Child and Adult Care Food Programs (CACFP). 4.3.5 EC Services shall provide the program resources necessary to maintain compliance of the Premises with Community Care Licensing (Title XXII of the Health and Safety Code) and }lead Start Performance Standards. Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH Attachment 3 4.3.6 EC Services shall provide Head Start enrollment preference to the children or family of Club Members to the maximum extent allowed by the terms of its grants. 4.3.7 As a material condition of this Agreement, EC Services shall be subject to and abide by any requirements and provisions contained in the City Lease dated August 16, 2011. In addition, EC Services acknowledges that this Agreement is subject to the City's approval of the hours of operation of EC Services. 4.3.8 Taxes. 4.3.8.1 Tares. Subtenant recognizes and understands that this Sublease may create a possessory interest subject to property taxation, and that Subtenant may be subject to the payment of real property taxes levied on such interest. EC Services further agrees to pay any and all property taxes assessed during the term of this Sublease, pursuant to Section 107 and 107.1 of the Revenue and Taxation Code, against Subtenant's possessory interest in the Premises. Provided, however, Subtenant shall have no obligation to pay taxes, whether real property or possessory interest, properly assessed to the owner of the Property, the Club or the Club's interest under the Lease. 4.3.8.2 Taxes. EC Services shall pay before delinquency all taxes, assessments, license fees, and other charges ("Taxes") that are levied and assessed against EC Services' personal property installed or located in or on the Premises, if any, and that become payable during the Term. EC Services shall furnish the Club with satisfactory evidence of these payments, if any. If any Taxes on BC Services' personal property are levied against the Club or the Club's property, or if the assessed value of the Premises or Building is increased by the inclusion of a value placed on EC Services' personal property, and if the Club pays the Taxes on any of these items or the Taxes based on the increased assessment of these items, EC Services, on demand, shall immediately reimburse the Club for the sum of the Taxes levied against the Club and attributable to EC Services' personal property. The Club shall have the right to pay these Taxes regardless of the validity of the levy. 4.4 Responsibilities of the Parties Collectively, 4.4.1 The Parties shall work together toward the mutual goal of increasing he growth and development of pre-school age youth. 4.4.2 The Parties shall be responsible .to ensure that prior to their' individual performance of this Agreement, the Parties' employees, contractors and/or agents assigned to work at the Property are fingerprinted at a California State recognized facility for fingerprint clearance, as required by Title 22, community Care Licensing, State of California. Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH 7 Attachment 3 The Parties agree not to place at the Property any of its employees, contractors or agents who have a conviction of a serious or violent felony, or sex offense, or controlled substance offense as defined by Title 22, Community Care Licensing, State of California Upon request by either Party to the other, evidence of its compliance with this Section shall be provided in a commercially reasonable time frame. 4.4.3 Cooperate with the each other to ensure effective communication, optimum utilization of resources and the achievement of program goals and objectives. 4.4.4 Each Party shall establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. 4.4.5 The Parties acknowledge and agree that they shall not publish or use each other's name in any advertising, sales, promotional or other publicity materials without the prior written consent of the other party. 5. Maintenance, Repair and Alteration of Premises. No material alterations, improvements, installations or modifications may be made to the Premises without the prior written consent of the Club and if required, by the City. 5.1 Club's Obligations For Repair and Maintenance. Club shall repair and maintain in good condition those portions of the Premises as required by the Lease with the City of National City. To the fullest extent allowed by law, EC Services hereby expressly waives the benefits of any statute now or hereafter in effect including, but not limited to, Civil Code Sections 1941 and 1942, which would otherwise give EC Services the right to make repairs and deduct the cost thereof from rent or the right to terminate this Sublease because of Club's failure to keep the Premises in good order, condition and repair. 5.2 FC Services's Obligations For Repair and Maintenance. Subject to Club's obligations in Section 5.1 above and to the City's obligations under the Lease and ordinary wear and tear, damage due to casualty and condenmation as set forth below, at all times during the Term, EC Services' at l4C Services' sole expense, keep in good order, condition and repair the Premises. All operatidn, maintenance, repair and replacement shall be made in compliance with all applicable laws and governmental regulations. If EC Services fails to perform EC Services' obligations under this Section 5.2 the Club may, at Club's sole option, enter the Premises and perform such obligations on EC Services' behalf and put the Premises or any part thereof in good repair. The cost therefor, together with interest thereon at the maximum rate then allowed by law, shall be immediately due and payable by EC Services to the Club. Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICFR NATIONAL CITY BRANCH 8 Attachment 3 5.3 Common Areas. Common areas ("Common Areas") means all areas and facilities outside the Premises and within the exterior boundaries of the real property on which the Building and Premises are located and which are for the general use and convenience of EC Services and other Subtenants of the Building. Common Areas include, without limitation, sidewalks, entrance ways, service areas, patios, landscaped areas, hallways, public restrooms, stairways, parking areas, driveways, roadways, loading areas, elevators, and hallways. Club shall repair and maintain the Common Areas in good condition. Club may establish and enforce reasonable rules and regulations concerning the Common Areas. Further, Club may temporarily close any of the Common Areas for maintenance or repair purposes. Club may select a person or organization to maintain and operate any of the Common Areas. Club shall also have the right to make changes to the Common Areas including, without limitation, changes in the location of driveways, entrances, exits and parking spaces. 5.5 Alterations. Additions and Improvements` EC Services shall not make any alterations, additions or improvements to the Premises or the Building without the prior written consent of Club and the City, if required under the Lease. If such consent is granted, any such alteration, addition or improvement shall be made in accordance with all applicable federal, state and municipal laws, rules and regulations as well as all covenants and restrictions. This Section shall specifically include carpeting, window coverings, air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing, cabinets and fencing. If Club grants such consent, Club may require EC Services to remove any and all such alterations, additions or improvements at the expiration of the Tenn and restore the Premises and/or the Building to its condition as of this commencement of this Sublease. If Club does not require such removal and restoration, all alterations, additions and improvements shall become the property of Club and remain upon and be surrendered with the Premises at the expiration of the Term. EC Services shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for EC Services at or for use in the Premises or the Building, which claims are or may be secured by any mechanic's or materialmen's lien against the Premises, Building or any interest therein. Club may also require EC Services to provide Club, at EC Services' sole cost and expense, a lien and completion bond in an amount equal to 1 1/2 times the estimated cost of such alterations, additions or improvements to insure Club against any liability for mechanic's and materialmen's liens and to insure completion of the work. The bond shall meet the requirements of Civil Code Section 3143. If EC Services shall, in gottd faith, contest the validity of any such claim, lien or demand, then EC Services shall, at its sole expense, defend itself and Club against the same and shall pay and satisfy any such adverse judgement that may be -rendered thereon before the enforcement thereof against the Club or the Premises, upon the condition that if Club shall require, EC Services shall furnish to Club a surety bond satisfactory, to Club in an amount equal to such contested lien, claim or demand indemnifying Club against Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH 9 Attachment 3 liability for the same and holding the Premises free from the effect of such lien, claim or demand. In addition, Club may require EC Services to pay Club's attorneys fees and costs of participating in such action, EC Services shall give Club not less than ninety (90) days written notice prior to the commencement of any work in the Premises, and Club shall have the right to post notices of nonresponsibility in the Premises. Any proposed alterations, additions or improvements shall be presented to Club in written form with detailed plans. If EC Services makes any alteration, addition or improvement without the prior written consent of Club and the City, the Club may require EC Services to remove any or all of the same. 6. Insurance and Indemnity, 6.1 Insurance. 6.1.1 EC Services' Liability Insurance. EC Services shall, at EC Services' sole expense, obtain and keep in force during the Term of this Sublease a policy of public liability insurance including combined single limit bodily injury and property damage insurance insuring the Club, the City and EC Services against any liability arising out of the ownership, use, occupancy and maintenance of the Premises and all areas app try thereto. Such insurance shall be a combined single limit policy in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence. The policy shall insure performance by EC Services of the indemnity provisions of Section 6,2.Insurance required hereunder shall be with companies holding a general policy holders rating of at least A plus, or such other rating as may be required by the Club and the City, No policy shall be cancelable or subject to reduction in coverage or other modification except after thirty (30) days prior written notice to Club. EC Services shall not do or permit to be done anything which will invalidate any insurance policies required in this Section 6. All policies of insurance shall name Club and City (and at Club's option any additional parties designated by Club) as an additional insured. The limits of the insurance shall not, however, limit the liability of EC Services hereunder, Certificate of Insurance and such policy showing Club and the City as an additional insured shall be provided to Club and the City within ten (10) days of execution of this Sublease and each time said policy is renewed. 6.1.2 EC Services' Failure to Obfain Insurance. If EC Services fails to procure and maintain any insurance required by Section 6.1.1, Club may, but shall not be required to, procure and maintain such insurance. EC Services shall immediately reimburse Club for all costs therefor together with interest thereon at the maximum rate then allowed by law. Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH 10 Altachment 3 6.1.3 Increase of Insurance, EC Services shall not operate, occupy, maintain, or use the leased portions of the Property in such a manner as to result in cancellation of the Club's insurance or results in an increase of the Club's liability and/or property damage insurance. In the event that the Club's insurance is increased solely by reason of EC Services' use, occupancy, maintenance, or operation of the leased premises, then EC Services shall promptly reimburse the Club for such increased cost upon demand by the Club. EC Services acknowledges that it shall have the sole responsibility for maintaining property damage insurance on its fixtures and equipment and other personal property located at the Premises. 6.1A Club's Insurance, Club at its sole cost and expense shall procure and maintain during the Term, commercial General Liability Insurance in an amount not less than $2,000,000 per occurrence. Coverage shall include but shall not be limited to coverage for bodily injury, loss of life or property damage occurring in or about the Building, the Common Area or the Premises. The policy shall name EC Services as an additional insured and shall cover Club's indemnity obligations under Section 6.2.2 below. The Club shall deliver a copy of such policy with in ten (10) days of execution of this Sublease and each time said policy is renewed. 6.2 Indemnity. 6.2.1 EC Sevices' Indemnitv.EC Services shall indemnify and hold the CIub and the City harmless from and against any and all claims arising from EC Services' use of the Premises, or from the conduct of EC Services' business or from any activity, work or thing done, permitted or suffered by EC Services in or about the Premises and the Property. EC Services shall further indemnify and hold Club and the City harmless from andagainst any and all claims arising from any breach or default in the performance of any obligation of EC Services under this Sublease or arising from any negligence of the EC Services or any of EC Services' agents, contractors or employees and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon. If any action or proceeding is brought against Club by reason of any such claim, EC Services, upon notice from Club, shall defend the same at EC Services' expense by counsel satisfactory to Club. EC Services, as a material part of the coisideration to Club, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises arising from any cause and EC Services hereby waives all claims in respect thereof against Club. The indemnification provisions contained herein shall survive the termination of this Sublease with respect to any claim or liability occurring prior to such termination. 6.2.2 Club's Indemnity. Club hereby indemnifies and agrees to hold EC Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH 11 Attachment 3 Services harmless from, and to defend EC Services against any and all claims of liability for any injury or damage to any person or property occurring as a result of gross negligence or willful misconduct on. the part of the Club, its agents, contractors or employees. The indemnification provisions contained herein shall survive the termination of this Sublease with respect to any claim or liability occurring prior to such termination. 6.3 Exemption of Club from Liability, EC Services hereby agrees that the Club and the City shall not be liable for injury to EC Services' business or for any loss of income therefrom or for damage to the goods, wares, merchandise or other property of EC Services, EC Services' employees, invitees, customers or any other person in or about the Premises and the Property. Further, the Club and the City shall not be liable for any injury to EC Services, EC Services' employees, agents or contractors whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain or from breakage, lnc+kage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether the damage or injury results from conditions arising upon the Premises or upon other portions of the Property or from other sources or places and regardless of whether the cause of damage or injury or the means of repairing the same is inaccessible to EC Services. Club shalt not be liable for any damages arising from any act or neglect of any other Subtenants of the Property. 7, Damage or Destruction. 7.1 Partial or Total Damage or Destruction of Premises. 7,1.1 Notwithstanding anything herein to the contrary, and subject to the cost requirements and City approval requirements under the Term of the Lease, in the event that the Premises or the Building are partially or totally damaged or destroyed, from any cause whatsoever, except through fault of EC Services, whether or not such damage or destruction is covered by the insurance required under Section 6, then Club may, at Club's sole option, either: I) restore the Premises, Building, or improvements to the condition existing immediately prior to such damage or destruction and this Sublease shall remain in full force and effect; or 2) terminate this Sublease immediately; provided, however, that if the cost of restoration of the damage or destruction is Ten Thousand Dollars ($10,000.00) or less and insurance proceeds are available for such restoration, lob shall repair the Premises or Building to their condition existing immediately prior to th damage or destruction. 7.1.2 Any damage caused through fault of the EC Services shall be repaired and restored to the condition existing immediately prior to such damage or destruction at the sole cost and expense of the EC Services; provided, however, in no event shall the obligation of EC Services with respect to such cost and expense exceed $500,000.00. EC Services agrees that Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH 12 Attachment 3 preliminary steps toward performing repairs, restoration or replacement shall be commenced within thirty (30) days, and the required repairs, restoration, or replacement shalt be completed within a reasonable time thereafter in a manner acceptable to Club, in Club's sole discretion. 7.2 Abatement of Rent, If the Premises are partially or totally damaged or destroyed, and if Club restores the Premises under the provisions of Section 7.1, monthly rent shall be abated proportionately with the degree to which EC Services' use of the Premises is impaired commencing from the date of damage or destruction and continuing during the period of such restoration until the restoration is completed so that EC Services may use the Premises for EC Services' usual business. 7.3 Waiver. EC Services waives the provisions of any statutes which relate to termination of leases when the thing leased is destroyed and agrees that such event shall be governed by the terms of this Sublease. 7.4 Waiver of Subrogation. The parties agree to have their respective property damage insurance carriers waive any right to subrogation that such companies may have against the Club or EC Services, as the case may be, so long a the insurance is not invalidated thereby. EC Services shall be responsible for and shall pay any increase in the Club's insurance premiums resulting from any loss or damage caused by EC Services, its officers, directors, employees, agents, guests, participants, invitees and the like, resulting from this waiver. EC Services shall pay said increase on an annual basis for a period of ten (10) years after such increase premium, if any, is charged to the Club. This obligation shall survive termination or expiration of this Sublease and any extension thereof. 8. Intentionally. Left Blank. 9. Licenses and Permits It shall be the sole and full responsibility of EC Services, at its cost, to obtain all permits and licenses as are necessary to the use, operation, occupancy and/or maintenance of the Premises. The City has informed the Club that no Conditional Use Permit ("CUP") is required to operate the subject Head Start Program. However, should any CUP be required in the future to operate the EC Services' Head Start Program the cost of said CUP shall be paid for by the Club. The Club makes no representation or guarantee that a CUP can or will be cbtained if required in the future. However, in no event shall the Club�e responsible for any damages to EC Services in connection with the failure or inability to ob in the CUP in the event one is required. 10. R'ours of Operation. Subject to the written consent of the City, if required, EC Services shall conduct its operation of the Head Start Program on the Premises during the following hours: Monday through Friday, except holidays, 7:00 a.m. to 6:00 p.m. during the Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH 13 Attachment 3 Head Start school year applicable to the Head Start Program operated at the Premises ("Operating Hours") and occasional evening or weekend use for Parent and/or Staff Meetings. Subject to the Lease and to any requirement by the City and/or the Club, EC Services may, in its reasonable discretion change the Operating Hours from time to time upon (i) two (2) weeks) written notice to the Club if such change is temporary or infrequent (e.g. special events, parent meetings, and other events not occurring regularly each month, or (ii) upon thirty (30) days written notice to Club if EC Services intends such change to be permanent or to last for more than one consecutive month. 11. Default. 11.1 EC Services's Default, The occurrence of any of the following shall constitute a default by EC Services: 11.1.1 Failure to pay rent or other sums when due. 11.1.2 Abandonment and vacation of the Premises (failure to occupy and operate the Premises for four (4) consecutive weeks, except for scheduled holidays or breaks shall be deemed an abandonment and vacation). 11.1.3 Failure to perform any other provision of this Sublease (a non - monetary default) if the failure to perform is not cured within thirty (30) days after notice has been given to EC Services. If the default cannot reasonably be cured within thirty (30) days, EC Services shall not be in default of this Sublease if EC Services commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure the default. Notices given under this Section 11.1.3 shall specify the alleged default and the applicable Sublease provisions, and shall demand that EC Services perform the provisions of this Sublease or pay the rent that is in arrears, as the case may be, within the applicable period of time, or quit the Premises. No such notice shall be deemed a forfeiture or a termination of this Sublease unless Club so elects in the notice. The purpose of the notice requirements set forth in this paragraph is to extend the notice requirements of the unlawful detainer statutes of California. io no ices shall be required to be given under Section 11.1.1 or 11.1.2. 1 11.1.4 Violation by EC Services of any provisions of covenants, conditions and restrictions ("CC&Rs") and/or any other recorded documents affecting the Premises. Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH 14 Attachment 3 11.1.5 No interest of EC Services in this Sublease shall be assignable by operation of law. Each of the following acts shall be considered an involuntary assignment and a default hereunder: 11.1.5.1 If EC Services is or becomes bankrupt or insolvent or is unable to pay EC Services's debts as they become due, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act in which EC Services is the bankrupt; or, if EC Services is a partnership or consists of more than one person or entity, if any partner of the partnership or other person or entity is or becomes bankrupt or, insolvent, or makes an assignment for the benefit of creditors; 11.1.5.2 If a writ of attachment or execution is levied on this Sublease; 11.1.5.3 If in any proceeding or action to which EC Services is a party, a receiver is appointed with authority to take possession of the Premises. An involuntary assignment shall constitute a default by EC Services and Club shall have the right to elect to terminate this Sublease, in which case this Sublease shall not be treated as an asset of EC Services. 12. Termination. This Sublease may be terminated as follows: 12.1 In the event that during the term of this Sublease, governmental funding is either eliminated or reduced to a point so as to render continued operation of the Head Start Program impractical or impossible, EC Services may terminate this Sublease upon ninety (90) days' written notice to the Club. 12.2 By Club, for EC Services's breach of any term, covenant or condition contained in this Sublease which is not cured within thirty (30) days immediately following written notice from the Club of such alleged breach. 12.3 By mutual agreement of the Parties hereto. 12.4 By Club in the event the Lease between the City and Club is terminated for any reason. 12.5 By the Club in the event EC Services fails to pay any monetary obligation under this Sublease within 30 days of the date due. Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH 15 Attachment 3 12.6 By the Club in the event the Club finds it is practicably unable to continue operation of the Club at this Property and/or Premises. 12.7 Exception to _Termination, Notwithstanding the above provisions regarding termination, this Sublease shall not be terminated by EC Services prior to June 30 in any year for which EC Services has received funding for its Head Start Program. 12.8 EC Services acknowledges and agrees that the Property is located on public parkland and therefore certain uses are not permitted. EC Services further acknowledges and agrees that this it shall not obtain any long teen property interest in the Property or the Premises. EC Services further agrees that in the event there is any successful challenge to the use by EC Services, nothwithstanding any other provision of this Sublease, the City may cause EC Services to vacate the Premises and this Sublease shall be terminated. 12.9 ,Surrender; Termination. Upon termination of this Sublease, EC Services shall surrender the Premises to Landlord in the same condition as received, ordinary wear and tear excepted, clean and free of debris. EC Services shall repair any damage to the Premises occasioned by the installation or removal of its trade fixtures, furnishings and equipment. Unless Landlord requests the removal all alterations, improvements and additions shall become the property of the Club and remain upon and be surrendered with the Premises at the expiration of the Term. Provided, however, EC Services shall have the right to remove any improvements, alterations or restorations purchased or constructed by EC Services using federal or other grant funding (collectively, "EC Services -Retained Improvements"), unless Club elects no later than 10 days before the expiration of the Sublease term, at Club's sole discretion, to purchase any such EC Services Retained Improvements from EC Services for a price that shall not be less than the depreciated book value of the EC Services -Retained Improvements to be acquired by the Club. The sale of any EC Services -Retained Improvements to Club, and the price to be paid by Club, shall be subject to the approval, at the time of sale, of the federal agency or other grantor of the funds. In the absence of such an election by Club and approval by the grantor of the funds, EC Services shall be entitled to remove the EC Services -Retained Improvements at the expiration or earlier termination of the Sublease and shall be responsible for restoration of the Premises to a condition_, less reasonable wear and tear, prior to the occupation by EC Services. 12.10 In the event tie Head Start Program is terminated hereunder, EC Services shall, subject to and upon the written consent of the parents or guardians of the children then enrolled in the program, provide to the Club a record of all students then participating in the program, which record shall include each student's name, the name of the student's parent(s) or guardian(s), address and telephone number. The purpose for providing said records shall be to allow the Club, in its sole discretion, to continue providing service similar in nature to the Head Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH 16 Attachment 3 Start Program to said students. 12.11 Bolding Over, Any holding over by EC Services after the expiration of the Term of this Sublease of any extension thereof, shall create a month -to -month tenancy, upon the same terms and conditions herein contained; provided, however, that so long as EC Services continues to pay all rent due under this Subleaseand comply with all other covenants, terms and conditions, Club shall not terminate such tenancy during the period from September 1 through June 30, except for such other termination rights expressly provided in this Sublease. 13. Late Charges. EC Services hereby acknowledges that late payment by EC Services to the Club of rent and other sums due under this Sublease will cause the Club to incur costs not contemplated by this Sublease, the exact amount of which will be extremely, difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges which may be imposed on the Club by the terms of any mortgage or trust deed covering the Premises or charge by the City. Accordingly, if any installment of rent or any other sum due from EC Services is not received by the Club within ten (10) days after such amount is clue then EC Services shall immediately pay to Club a late charge equal to six percent (6%) of the overdue amount. The parties agree that such late charge represents a fair and reasonable estimate of the costs the Club will incur by reason of late payment by EC Services, Acceptance of the late charge by the Club shall in no event constitute a waiver of EC Services's default with respect to such overdue amount, nor prevent the Club from exercising any of the other rights and remedies granted under this Sublease. If a late charge is payable hereunder, whether or not collected, for three (3) installments of rent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, not withstanding any other provision of this Sublease to the contrary. 14. Condemnation. 14.1 Definitions. "Condemnation" means: (a) the exercise of any governmental power, whether by legal proceedings or otherwise, by a condemnor; or (b) a voluntary sale or transfer by Club to any condemnor, either under threat of condemnation or while legal proceedings for condemnation are pending. "Date of Tatting" means the date the condemnor has the right+to possession of the property being condemned. "Award" means all compensation, sums, or anything of value awarded, paid or received on a total or partial condemnation. "Condemnor' means any public or quasi -public authority, or private corporation Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH 17 Attachment 3 or individual, having the power of condemnation. If, during the Term or during the period of time between the execution of this Sublease and the date the Term commences, there is a taking of all or any part of the Premises, Building, other improvements or real property of which the Premises are a part or of any interest in this Sublease by condemnation, the rights and obligations of the parties shall be determined pursuant to this Section. 14.2 Total Taking. If all of the square footage in the Premises is taken by Condemnation, this Sublease shall terminate on the Date of Taking. 14.3 Partial Taking. If a portion of the square footage but less than all of the square footage of the Premises or of the Building or the real property of which the Premises are a part, is taken by condemnation, Landlord, within sixty (60) days after the Date of Taking, may terminate this Sublease as of a date specified in a. written notice given to EC Services by Landlord within that sixty (60) day period. if Landlord does not give notice of termination to EC Services within that sixty (60) day period, then this Sublease shall continue in full force and effect; provided, however, that if a portion of the square footage but less than all of the square footage in the Premises is taken, monthly rent shall be reduced by an amount that is in the same ratio to monthly rent as the total square footage in the Premises taken bears to the total square footage in the Premises immediately before that Date of Taking. 14.4 Waiver of California Code of Civil Procedure Section 1265.130. EC Services waives the provisions of Code of Civil Procedure Section 1265.130 allowing a party to petition the superior court to terminate this Sublease in the event of a partial taking of the Premises. 14S Restoration of Premises. If there is a partial taking of the Premises and this Sublease remains in full force and effect EC Services at its cost shall acoomplish all necessary restoration with no abatement of rent. 14.6 Award. The entire award shall belong to and be paid to Landlord except that EC Services shall receive from the award a sum attributable to EC Services's improvements or alterations made to the Premises by EC Services in accordance with this Sublease which EC S ices has the right to remove from the Premises pursuant to the provisions of this Sublease bt r elects not to remove. 15. No Broker. EC Services represents that neither the Premises, nor any portion of the Building, was presented to it or to any person representing it by any broker or finder and that no broker or finder was involved in the leasing of the Premises. EC Services warrants that no claim for commission for the leasing shall be presented to Landlord. Further, EC Services agrees to Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH 18 Attachment 3 indemnify and defend Landlord in the event of any such claims, 16. Assi¢nment. 16.1 No Assienment, EC Services shall not voluntarily assign or encumber its interest in this Sublease or in the Premises, or sublease all or any part of the Premises, or allow any other person or entity to occupy or use all or any part of the Premises, without first obtaining Landlord's and the City's prior written consent which consent shall not be unreasonably withheld. Any assignment, encumbrance, or sublease without Landlord's prior written consent shall be voidable and, at Landlord's election, shall constitute a material default of this Sublease. No consent to any assignment, encumbrance, or sublease shall constitute a further waiver of the provisions of this Section. 16.2 If Consent is Given. If Landlord consents to a sublease or assignment of this Sublease, EC Services immediately and irrevocably assigns to Landlord, as security for EC Services's obligations under this Sublease, all rent from any subletting of all or any part of the Premises as permitted by this Sublease, and Landlord, as assignee and as attorney -in -fact for EC Services, may collect such rent and apply it towards EC Services's obligations under this Sublease; except that, until the occurrence of an act of default by EC Services, EC Services shall have the right to collect such rent. All rent received by EC Services from its sublease in excess of the rent payable by EC Services to Landlord under this Sublease shall be paid to Landlord, or any sums to be paid by an assignee to EC Services in consideration of the assignment of this Sublease shall be paid to Landlord if Landlord consents to a sublease or assignment. If EC Services requests Landlord to consent to a proposed assignment or subletting, EC Services shall pay to Landlord, whether or not consent is ultimately given, Landlord's reasonable attomey's fees incurred in connection with each such request. 16.3 ,Assignment by Operation of Law. No interest of EC Services in this Sublease shall be assignable by operation of law. Each of the following acts shall be considered an involuntary assignment: 16.3.1 If Subtenant is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors or institutes a proceeding under the Bankruptcy Act in which Subtenant is the bankrupt; or, if Subtenant is a partnership or consists of more than one person or entity, if any partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; 16.3.2 If a writ of attachment or execution is levied on this Sublease; 16.3.3 If, in any proceeding or action to which Subtenant is a party, a Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH 19 Attachment 3 receiver is appointed with authority to take possession of the Premises. An involuntary assignment shall constitute a default by Subtenant and Landlord shall have the right tb elect to terminate this Sublease, in which case this Sublease shall not be treated as an asset of EC Services. 17. estoppel Certificate, Subtenant shall at any time and from time to time, upon not less than ten (10) days prior written notice from Landlord, execute, acknowledge, and deliver to Landlord a statement in writing certifying certain facts including, without limitation, that this Sublease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Sublease, as so modified, is in full force and effect) and the dates to which the rental, the security deposit, and other charges, if any, are paid in advance, and acknowledging that there are not, to Subtenant's knowledge, any uncured defaults on the part of Landlord hereunder, and no events or conditions then in existence which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, or specifying such defaults, events, or conditions, if any are claimed. It is expressly understood and agreed that any prospective purchaser or encumbrancer of all or any portion of the Premises or the Building or of the real property of which they are a part shall be entitled to rely upon any such statement. Subtenant's failure to deliver such statement within such time shall, at the option of Landlord, constitute a breach or default under this Sublease. If such option is not so exercised by Landlord, Subtenant's failure shall be conclusive upon Subtenant that (1) this Sublease is in full force and effect without modification except as may be represented by Landlord; (ii) that there are no uncured defaults in Landlord's performance; and (iii) that not more than one (1) months' rental has been paid in advance. If Subtenant fails to deliver the certificate within ten (10) days of delivery of notice, Subtenant irrevocably constitutes and appoints Landlord as its special attorney -in -fact to execute and deliver the certificate to a third party. 18. Subordinatiop., Subtenant agrees upon request of Landlord to subordinate this Sublease and its rights hereunder to the lien of any mortgage, deed of trust or other encumbrance, together with any conditions, renewals, extensions, or replacements thereof, now or hereafter placed, charged or enforced against the Landlord's interest in this Sublease and the leasehold estate thereby created, the Premises, the Building or improvements included therein or the real property of which the Premises are a part, and deliver at any time and from time to time upon demand by Landlord any documents required to effectuate such subordination. In the event that Subtenant fails, neglects or refuses to execute and deliver any such document within ten (10) days after receipt of written notice to do so and the receipt by Subtenant of the document to be executed by it, Subtenant hereby appoints Landlord, its successors and assigns, the special attorney -in -fact of Subtenant irrevocably to execute and deliver any and all such documents for and on behalf of Subtenant; provided, however, that Subtenant shall not be required to effectuate such subordination, nor shall Landlord be authorized to effect such subordination on behalf of Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH 20 Attachment 3 Subtenant, unless the mortgagee or beneficiary named in such mortgage, deed of trust or other encumbrance shall first agree in writing, for the benefit of Subtenant, that so long as Subtenant is not in default under any of the provisions, covenants or conditions of this Sublease on the part of Subtenant to be kept and performed, that Subtenant's quiet enjoyment of the Premises will not be disturbed or interfered with by any trustee's sale or by any action or proceeding to foreclose said mortgage, deed of trust or other encumbrance. In the event that the mortgagee or beneficiary of any such mortgage or deed of trust elects to have this Sublease a prior lien to its mortgage or deed of trust, then and in such event upon such mortgagee or beneficiary giving written notice to Subtenant to that effect, this Sublease shall be deemed a prior lien to such mortgage or deed of trust whether this Sublease is dated or recorded prior to or subsequent to the date of recordation of such mortgage or deed of trust. 19. City's Liability. The City shall mean only the owner or owners, at the time in question, of the fee interest in the Premises. In the event of any transfer of such fee interest, City shall be relieved from and after the date of such transfer of all liability under this Sublease provided that any funds in the hands of City at the time of such transfer, in which Subtenant has an interest, shall be delivered to the grantee. The obligations in this Sublease to be performed by City, if any shall be binding on City's successors and assigns only during their respective periods of ownership. 20. Interest on Past Due Obligations. Except as expressly herein provided, any amount due to a party and not paid when due shall bear interest at 10% from the date due until paid. 21. Notices. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other or any other person shall be in writing and either served personally or sent by prepaid certified mail, first class, and shall be addressed to the other party at the address set forth under its name on the signature page of this Sublease. Either party may change its address by notifying the other party of the change of address in accordance with this Section. Notice shall be deemed effective upon receipt if personally delivered or seventy- two (72) hours from the date of mailing if mailed as provided in this Section. 22. Sienst S btenant shall not place any sign upon the Premises, the Building or any improvements o the real property of which the Premises are a part without the Club's and the City's prior written consent. 23. Recording/Ouitclaim Deed. This Sublease shall not be recorded without City's and Landlords prior written consent. Subtenant shall execute and deliver to Landlord on the expiration or termination of this Sublease, immediately on Landlord's request, a quitclaim deed Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL QTY BRANCH 21 Attachment 3 to the Premises, in recordable form, designating Landlord as transferee, 24. Intentionally left blank. 25. I andlord's Right of Entry. Landlord, Landlords agents and City shall have the right to enter the Premises at reasonable times for the purpose of inspecting the same, showing the Premises to prospective purchasers, lenders or Subtenants and making such alterations, repairs, improvements, or additions to the Premises or the Building as Landlord may deem necessary or desirable. City may at any time place on or about the Premises any ordinary "for sale" signs and Landlord may at any time during the last one hundred and eighty (180) days of the Term of the Sublease place on or about the Premises "For Lease" signs. 26. Attorney's Fees. If either party brings an action to enforce the terms of this Sublease or declare rights hereunder, the prevailing party in such action, arbitration or trial or appeal, shall be entitled to its reasonable attorneys fees and costs to be paid by the losing party as fixed by the court. 27. Security Measures. Subtenant hereby acknowledges that the rent payable to Landlord hereunder does not include the cost of guard service or other security measures and that Landlord shall have no obligation whatsoever to provide the same. Subtenant assumes all responsibility for the protection of Subtenant, its agents and invitees from acts of thud parties. 28. Landlord's Right to Effect Performance. If Subtenant at any time fails to perform any covenant, term or condition of this Sublease, Landlord may after providing EC Services the notice and period for cure specified in Section 11.1.3, perform the same for the account of Subtenant, and any monies paid by Landlord on account thereof shall be deemed to be additional rent due under this Sublease, shall be immediately due and payable to Landlord and shall bear interest at the maximum rate allowable by law until paid by Subtenant to Landlord. 29. Intentionally left blank. 30. Miscellaneous, 30.1 Time of Essence. Time is of the essence to this ublease. 30.2 ,Amendments. This Sublease contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Sublease may be modified only in a writing signed by all parties hereto. Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH 22 Attachment 3 30.3 $everahility. The invalidity of any provision of this Sublease as detennined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof and it shall remain in full force and effect. 30.4 Waiver, No delay or omission in the exercise of any right or remedy of Landlord on any default by Subtenant shall impair such right or remedy or be construed as a waiver. No act or conduct of Landlord, including, without limitation, the acceptance of the keys to the Premises, shall constitute an acceptance of the surrender of the Premises by Subtenant before the expiration of the Term. Only a written notice from Landlord to Subtenant shall constitute an acceptance of the surrender of the Premises and accomplish a termination of the Sublease. Landlord's consent to or approval of any act by Subtenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent act by Subtenant. Any waiver by Landlord of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Sublease. 30.5 Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 30.6 Covenants and Conditions, Each provision of this Sublease to be performed by Subtenant shall be deemed both a covenant and a condition. 30.7 Governing Law. This Sublease shall be governed by the laws of the State of California. 30.8 heirs. Successors and Assigns. Subject to the provisions restricting assignment or subletting by EC Services, or other provisions of this Sublease, this Sublease shall be binding on the parties, their respective heirs, personal representatives, successors and assigns. 30.9 Autbority. Each individual executing this Sublease on behalf of such entity represents and warrants that he or she is duly authorized to execute and deliver this Sublease on behalf of that entity. Each party shall provide the other party with evidence of such authority satisfactory to Landlord. 30.10 Written Notice or Consent of Parties. Whenever a notice, consent or approval of either party is required, the notice, consent or approval shall be in writing. Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH 23 Attachment 3 30.11 Captions. The captions of this Sublease shall have no effect on its interpretation. 30.12 Construction. As used in this Sublease, the masculine, feminine or neuter gender and the singular or plural numbers shall each be deemed to include the other whenever the context so indicates. This Sublease shall be construed in accordance with its fair meaning, the captions being for the convenience of the parties only and not intended to describe or define the provisions in the portions of the Sublease to which they pertain. The terms of this Sublease have been freely negotiated by the parties and this Sublease shall not be construed against the drafter. 30.13 Mediation. Arbitration and Attorney's Fees. 30.13.1 Mediation of Disputes, Except as otherwise provided herein, the parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction; before resorting to arbitration. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party commences arbitration without first attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney's fees, even if they would otherwise be available to that party in any such arbitration. 30.13.2 Arbitration of Disputes. Except as otherwise provided herein, any action to enforce or interpret this instrument or to resolve disputes between the parties regarding this instrument, shall be settled by binding arbitration in accordance with California law. Any party may commence arbitration by sending a written demand for arbitration to the other parties. Such demand shall set forth the nature of the matter to be resolved by arbitration. Arbitration shall be conducted at San Diego, California. The substantive law of the State of California shall be applied by the arbitrator to the resolution of the dispute. The parties shall share equally all initial costs of arbitration, The prevailing party shall be entitled to reimbursement of attorney fees, costs, and expenses incurred in connection with the arbitration. All decisions of the arbitrator shall be final, binding, and conclusive on all parties. Judgment may be entered upon any such decision in accordance with applicable law in any court having jurisdiction thereof. Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH 24 • Attachment 3 30.13.3 Exclusions from Mediation and Arbitration. The following matters are excluded from mediation and arbitration: (1) a judicial or non -judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in California Civil Code §2985; (2) an unlawful detainer action; (3) the filing or enforcement of a mechanic's lien; and (4) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. The fling of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver of the mediation and arbitration provisions. Any party may commence arbitration by sending a written demand for arbitration to the other parties. Such demand shall set forth the nature of the matter to be resolved by arbitration. Arbitration shall be conducted at San Diego, California. The parties shall share equally all initial costs of arbitration. The prevailing party shall be entitled to reimbursement of attorney fees, costs, and expenses incurred in connection with the arbitration. All decisions of the arbitrator shall be final, binding, and conclusive on all parties. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF WE MATTERS INCLUDED IN THE `ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE `ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MA1 IERS INCLUDED 1N THE `ARBITRATION OF DISPUTES' PROVISION TO NEU"ITi�V,BITRATION. INITIALS: 30.14 Incorporation of Recitals. Recital provisions set fcirth ablve are an integral part of this Agreement and are by this reference incorporated herein as though set forth in full. Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH 25 Attachment 3 30.15 Counterparts. This Sublease may be executed in one or more counterparts, each of which shall be considered an original of this Agreement. LANDLORD: QYS S CLUB OF GREATER SAN DIEGO By: Danny lock, CEO Addr s: P.O. Box 178569 San Diego, CA 92177 Tel. #: 858-866-0591 Facsimile: 858-866-0595 E-mail: dsherlockksdyouth.org Subtenant: EC Services By: Chr� p er J. Marics, Chief . 'strative Officer Address: 40 Mile of Cars Way, Suite 350 National City, CA 91950 Tel. it: 619-228-2800 Facsimile: 619-228-2801 E-mail: cmarics©ecscalifornia.org APPROVED AS TO FORM AND CONTENT CITY OF NATIONAL CITY By: (print name and title) Vwbabakliad GIasR.BB4ea1 eslealBoya' nod Girls' CIub\Eplseopal Community SenionskStMnsartvined 7-14-14.wpd Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH 26 Attachment EXHIBIT "A" Legal Description of the Property Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH 27 Attachment 3 EXHIBIT "A" That portion of Blocks 3 and 4 per Map No. 552, Records of San Diego County, California, November 4,1914, together with dosed and vacated to public use portions of 14th Street, 15r" Street and C Avenue, described as follows: COMMENCING at the Southeast corner of said Block 4; Thence along the Southerly prolongation of the Easterly line of said Block 4, South 17°47'04" East, 4.24 feet to the POINT OF BEGINNING; 1. Thence leaving said line, South 71° 56' 15" West, 249.51 feet; 2. Thence South 28° 4T 57" West, 16.17 feet; 3. Thence North 79° 32' 30" West, 9.76 feet; 4. Thence North 88° 10' 29" West, 10.10 feet; 5. Thence South 81° 39' 55"West, 10.i8 feet 6. Thence South 68° 32' 00" West, 48.87 feet; 7. Thence North 71° 20' 62" West, 29.69 feet; 8, Thence North 67' 43' 17" West, 19.80 feet; 9. Thence North 61° 15' 64" West, 39.52 feet: 10. Thence North 30° 13' 18" West, 15.13 feet; 11. Thence North 23° 22' 20" East, 37.88 feet; 12. Thence North 37° 26' 19" East, 69.13 feet; 13. Thence North 43° 43' 42" East, 79.18 feet 14. Thence North 51 ° 18' 19" East, 19.29 feet; 15. Thence North 60° 34' 10" East, 128.19 feet; 16. Thence North 16° 40' 03" West, 41.65 feet; 17. Thence North 34° 52' 24" East, 27.92 feet; 18. Thence North 71 ° 34' 26" East, 89.80 feet to the Northerly prolongation of Easterly -line of said Mock 4; 19. Thence along said line, South 17° 47' 04" East, 266.11 feet to the POINT OF BEGINNING. SSaid land contains 75, 760 S.F., more or less. This legal description has been prepared by me, or under my direction, in eonformance with the Professional lfan d (Surveyors Act. l Signature: Jon R. Berggren, L.S. 6000 LI nse Expires 12/31/2010 Date: January 4, 2009 Attachment 3 LINE TABLE UNE BEARING DISTANCE LINE BEARING DISTANCE u S71'56'15'W 249.51' 111 S2322'20'W 37.88' L2 S28'47'57'w 16.17' 112 N3726'19"E 69.13' L3 S79'32.301 9.76' L13 N43'43'42"E 79.18' 1.4 S8810'291 10.10' L14 N5116191 19.28' L5 N81'39'551 10.18' L15 S6034'10'W 128.19' L6 N6832'001 48.87' L16 S1610.031 41.65' L7 S71'20'52"E 29.69' 117 S34'52'24"W 27.92' L8_ N67'43'17"W 19.60' 118 S71'34'26"W 89.80' L9 , N61'15 54'W 39.52' L19 S17'47'041 266.11' 110 S3013'161 15.13' r • MAP 552 BLOCK 3 L10 19 18''L� • L10 BLOCK 4 POINT OF i' CO►NVEWCENEKT 1 o ` CURRENT SOUTHEAST ' LEASE OORNER OF i 1 ��'� , AREA BLOCK 4 A ri 0 POINT OF \\ i L•4 ..•�''''- BEGINNING �.12 t3 OF 5 � " NEW LEASE AREA = 75.670 Si Exhibit E SCALE 1 = 100' IN ASSOCIATION WITH: TETRA TECH BERGGREN & ASSOCIATES LAND SURVEYING AND RIGHT OF WAY MAPPING 6046 CORNERSTONE COURT WEST 1116 SAN D1EGO, CALIFORNIA 92121 (658) 624-0034 / (856) 824-0036 Attachment 3 EXHIBIT •B" (Copy of the Club's Lease with the City of National City) Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH 28 4Menhmar,t 2 PLEASE COMPI.E:E THIS INFORMATION RECORDING REQUESTED BY: CITY CLERK OF NATIONALCITY 1243 National City Blvd National City, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL CITY 1243 National City Blvd National Ctty, CA 91950 D' t DQC It 2011-0470285 111111111111111111111111111111111111111111111111111111111111 SEP12.2011 1:33 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE EnressJ. Newburg. A.. COUNTY RECORDER FEES: 0.00 PAGES: 60 IIIRIIII111111 I11I1II111I111111II11 IHIS SPACBFOR REtbRDER'S USE ONLY 20•YEAR LEASE AGREEMENT: WITH THE BOYS' AND GIRLS' CLUB OF GREATER SAN DIEGO, INC., FOR THE CITY -OWNED LAND AND BUILDING LOCATED AT 1430 D AVENUE (Please (ill in document *leis) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION Attoohnrnont 3 LEASE BY AND BETWEEN THE CITY OF NATIONAL CITY .AND THE BOYS & GIRLS CLUBS OF GREATER SAN DIEGO, INC. This Lease is made and entered into this 16th.day of August, 2011, (the "Commencement Date"), 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." RECITALS A. Lessee is desirous of 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 constructed and maintained the building and improvements on the Premises for many years with private funds raised from the community by the Boys' and Girls' Clubs. Said building and improvements, together with all appliances, fixtures, equipment and furniture (excluding the tables and chairs kept inside the building) were conveyed and transferred to Lessor on or about December 17, 2008. C. The use of said property for the purpose aforementioned will promote the general welfare of all the inhabitants of the City of National City. NOW, TFIEREFORE, the parties hereto agree as follows: 1. Leased Premises. Lessor does hereby lease, demise and let to Lessee the real property, building, and other improvements situated in the City of National City, County of San Diego, State of California, commonly known as 1430 "D" Avenue, as more specifically described in the attached Exhibit "A", and shown on the attached Exhibit "B", which are incorporated herein by reference (the "Leased Premises"). Lessee has constructed and maintained the building and improvements on the Premises for many years with private funds raised from the community by the Boys' and Girls' Clubs. Said building and improvements, together with all appliances, fixtures, equipment and fumiture (excluding the tables and hairs kept December 1.7, 2008.inside the building) were conveyed and transferred to Lessor on or about 2. Term. The Tenn of the Lease shall be for a period of twenty (20) years from the date first written above. 3. 14. The above described premises are leased to Lessee by Lessor for the purpose of maintaining a Boys and Girls Club, and to be used exclusively and for no other purpose than to maintain said Boys & Girls Club, and to promote the physical, mental, and moral well -bring of the boys and girls of the City of National City and territory adjacent thereto, and to provide such means of 1 2011 ].case Between City of -Notions/ City and Boys and G'vh Clubs of Grolier San Diego ntlaohmenl 3 education, wholesome recreation, and proper guidance as may scan most likely and desirable for the accomplishment of the purposes herein set forth. 4. Legal Status of Lease. Lessee warrants that it is a California nonprofit corporation. 5. Rent. Lessor and Lessee acknowledge that the consideration for this Lease and any option period shall be the annual sum of One Dollar ($1.00) and the mutual benefit to be derived from Lessee's uses of the Leased Premises, as specified herein. 6. Assignment and Subletting. This Lease shall not be assigned, sublet, hypothecated, leveraged, or transferred without the prior written consent of Lessor. 7. Repairs by Lessor. Lessor shall be required to make such repairs or replacements to the Leased Premises as may be required for nonnal maintenance and operation, which shall include the repairs and/or replacements to all structural portions of the building located on the Leased Premises, and all walls, floors, corridors, windows, HVAC, mechanical electrical, plumbing, paving and parking, exterior windows, and other structures and equipment within and serving the Leased Premises, and such additional maintenance as may be necessary because of damages by persons other than Lessee, its agents, employees, invitees, or visitors, all in accordance with standard practices for similar commercial buildings in the San Diego, California area. Lessor shall be responsible for extennination/pest control for the Leased Premises. Without limiting the foregoing, notwithstanding anything to the contrary set forth herein, if Lessor is required to make repairs to take other corrective action in the Leased Premises by reason of Lessee's negligent acts or negligent failure to act reasonably, Lessor shall have the right to recover from Lessee the reasonable cost of the repairs or other work. 8. Repairs by Lessee. Lessee agrees to repair or replace any damage or injury done to the Leased Premises, or any part thereof, caused by Lessee or Lessee's agents, employees, invitees, or visitors, at Lessee's own cost and expense within a reasonable time after written notice from Lessor. If Lessee fails to make such repairs or replacements within a reasonable time after written notice, Lessor may, at its option, make such repairs or replacements, and Lessee shall repay the cost thereof to the Lessor as additional rent within ten (10) days of written demand. However, for any repair work, other than repair work in emergency situations, costing over Five Thousand and no/100 Dollars ($5,000.00) to be performed by Lessee or Lessee's agents, Lessee shall not perform such repair work without the prior written consent of Lessor's City Manager or designee. Any repairs or replacements in or to the Leased Premises, other than repair work in emergency situations, which would require an expenditure exceeding Five Thousand and no/l00 Dollars ($5,000.00) and which constitute a "public project" under Section 20161 of the California Public Contract Code, shall be contracted for/by Lessor and let to the lowest responsible bidder after notice. 2 ion base Between City ofNationai City and Boys and Girls Clubs of crates San Diego Attoohrnont 3 9. Routine Maintenance by Lessee. From and after the Commencement Date and during the Term, Lessee shall, at its own cost and expense, make all repairs and replacements required by this Lease, reasonable wear and use excepted, and excepting those repairs to be made by Lessor as set forth in Section 7 above. 10. Waste. Lessee shall not commit waste (property abuse, destruction, or damage) beyond normal wear and tear of the Leased Premises. 11. Improvements. Alterations. and Additions. Lessee shall not make or allow to be made any major alterations or physical additions in or to the Leased Premises which affect the structure or any other improvements and costing more than Five Thousand and no/I00 Dollars ($5,000.00) without first obtaining the prior written consent of Lessor's City Manager or designee, which consent shall not be unreasonably withheld. All work shall be done by contractors approved by Lessor. Any alterations or physical additions in or to the Leased Premise that would require an expenditure exceeding Five Thousand and no/100 Dollars ($5,000.00), and which constitute a "public project" under Section 20161 of the California Public Contract Code, shall be contracted for/by Lessor and let to the lowest responsible bidder after notice. Any and all such alterations, physical additions, or inipniveatents, when made to the Leased Premises by Lessee, shall et once become the property of Lessor and shall be surrendered to Lessor upon the termination of this Lease by lapse of time or otherwise; provided, however, this clause shall not apply to trade fixtures, equipment, or furniture owned by Lessee. Any Lessee improvements, alterations or additions shall comply with all government, local building code, permitting, end competitive bidding requirements. Lessee shall give Lessor written notice five (5) days prior to employing any laborer or contractor to perform major work on. the Leased Premises so that Lessor may post a notice of non -responsibility, if allowed by law. Lessee shall not be required to remove alterations, physical additions, or improvements upon termination of this Lease 12. Utilities. Lessee will be responsible for payment of utilities, including but not limited to electric, gas, telephone, security, fire alarm, sewer, trash, and water. Lessee understands that it is responsible for the proper disposal of debris in the designated trash receptacles provided by the Lessor. No trash is to be placed in front of or on the sides of the container nor should any trash be placed on top of the lids. Lessee further understands that it will be billed accordingly for not disposing of trash in the proper manner, which includes breaking down alt boxes and containers prior to being placed in the trash bins. 13. Indemnity and Insurance. a. Disclaimer of Liability. Lessor shall not at any time be Liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Lessee's construction, maintenance, repair, use, operation, or dismantling of the Leased Premises except to the extent caused by Lessor's negligence or willful misconduct. 3 207 t tease edweeu City or National City and Boys and Girls Clubs of Grater San Diego /Ntoohmont 2 b. Indemnification. Lessee shall, at its sole cost and expense, defend, indemnify, and hold harmless Lessor and its officials, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as "indemnitees"), from and againstt i. Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses, including without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants, which may arise out of or be in any way wnnec ted with Lessee's construction, maintenance, repair, use, operation, or dismantling of the Leased Premises or Lessee's failure to comply with any federal, state, or local statute, ordinance or regulation. ii. Lessee's obligations to indemnify indenuritees under this Lease shall not extend to claims, losses, and other matters covered hereunder to the extent such claims arise out of the negligence or willful misconduct of one or more indemnitees. c. Assumption of Risk. Lessor warrants that it does not have knowledge that a dangerous condition exists at the Premises except as may be specifically set forth in this Lease. Lessee undertakes and assumes for its officers, agents, affiliates, contractors and subcontractors, and employees (collectively for the purpose of this section), all risks of unknown dangerous conditions, if any, on or about the Leased Premises, and Lessee hereby agrees to indemnify and hold harmless Lessor against and from any claim asserted or liability imposed upon the Indemnitiees for personal injury or property damage to any person (other than front lndemnitee's negligence or willful misconduct) arising out of Lessee's construction, maintenance, repair, use, operation or dismantling of the Leased Premises or Lessee's failure to comply with any federal, state, or local statute, ordinance or regulation. d. Defense ofLessor. In the event any action or proceeding shall be brought against Lessor by reason of any matter for which Lessor is indemnified hereunder, Lessee shall, upon notice from Lessor at Lessee's sole cost and expense, resist and defend the same with legal counsel mutually selected by Lessor and Lessee, provided however, that Lessee shall not admit liability in any such matter on behalf of Lessor without prior written consent of Lessor's City Manager or designee, which consent shall not be unreasonably withheld, and provided further that Lessee shall not admit liability for, nor enter into any compromise or settlement of any claim for which it is indemnified hereunder, without the prior written consent of Lessor, which consent shall not be unreasonably withheld. e. Notice. Cooperation and Expenses. Lessee shall give Lessor prompt notice of the making of any claim or the commencement of any action, suit, or other proceeding covered by the provisions of this paragraph. Nothing herein shall be deemed to prevent Lessor from cooperating with 4 2011 Lase Between City of National City and Dcy and Otis Club, of Omter Sun Diego Attachment 3 Lessee and participating in the defense of any litigation by Lessor's own counsel. f. Insurance. During the term of the Lease, Lessee shall maintain, or cause to be maintained, in full force and effect and at its sole cost and expense, the following types and limits of insurance: i. Worker's compensation insurance meeting applicable statutory requirements. ii. Commercial general liability insurance with minimum limits of Two Million and no/l00 Dollars ($2,000,000.00) as the combined single limit for each occurrence of bodily injury, personal injury, and property damage. iii At the start of and during the period of any construction by Lessee, builders all-risk insurance, together with an installation floater or equivalent property coverage covering cables, materials, machinery, and supplies of any nature whatsoever which are to be used in or incidental to the installation of improvements. iv. All policies other than for Worker's Compensation shall be written on an occurrence and not on claims made basis. g• v. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated, vi. Lessee shall furnish certificates of insurance to Lessor before commencement of the Lease term. Named Insureds. All policies, except for worker's compensation policies, shall name Lessor and its officials, boards, commissions, employees, agents, and contractors, as their respective interests may appear, as additional insureds (herein referred to as the "Additional Insureds"), and a separate additional insured endorsement shall be provided. h. Evidence of Insurance. Certificates of Insurance of each insurance policy required to be obtained by Lessee in compliance with this paragraph, along with written evidence of payment of required premiums shall be filled and maintained with Lessor annually during the term of the Lease. Lessee shall immediately advise Lessor of any claim or litigation that may result in liability to Lessor. i. Cancellation of Policies of Insurance. All insurance policies maintained pursuant to this Lease shall contain the following endorsement: 5 2011 Lase between City of National City and Boys and Girls Clubs of Grader San Diego - ^ttachr^o^13 At least thirty CO) days' prior written notice shall be given to Lessor by the insurer ofany intention not to renew such policy or to cancel, replace, or materially alter same. j. insurance Companies. All insurance shall be affected under valid and enforceable policies, insured by insurers licensed to do business by the State of California or surplus carriers on the State of California Insurance Commissioner's approval list of companies qualified to do business in the State of California All insurance carriers and surplus line carriers shall be rated A+ or better by A.M. Best Company, or as otherwise approved by Lessor's Risk Manager. k. Deductibles. All insurance policies may be written with deductibles not to exceed $50,000 unless approved in advance by Lessor's Risk Manager. Lessee agrees to indemnify and save harmless Lessor, the indemnitees, and Additional Insureds from and against the payment deductible and from the payment of any premium on any insurance policy required to be furnished by the Lease. 1. Contractors. Lessee shall require that each and every one of its contractors and their subcontractors who perform work on the Leased Premises on behalf of Lessee to carry in full force and effect, workers' compensation, comprehensive commercial general liability, and automobile liability insurance coverages of the type which Lessee is required to obtain under the terms of this paragraph with appropriate limits of insurance. m. Responsibility after Termination. Upon termination of the Lease, each party shall remain responsible to the other for any and all liabilities, obligations, damages, penalties, claims, liens, costs, charges, losses, and expenses arising under the Lease which arose out of the Lease and occurred prior to such date of termination. n. Review of Limits. Once during each calendar year during the term of the Lease, Lessor may review the insurance coverages to be carried by Lessee. If Lessor determines that higher limits of coverage are necessary to protect the interests of Lessor or the Additional Insureds, Lessee shall be so notified, and shall obtain the additional limits of insurance, at its sole cost and expense. 14. Insoectioa. Lessor, by and through its pmper officers, reserves and shall always have the right, upon reasonable notice and at a reasonable time, to enter the Leased Premises for the purpose of viewing and ascertaining the conditions of the same and the operation and maintenance thereof. 6 211I 1 lase Bowen City of National City NW Boys ■nd Girls Clubs of Greta San Diego Aaaehmcnt 3 15. Removal of Personal Prow. At the termination or expiration of this Lease or any renewal thereof, Lessee shall, within ninety (90) days of written request by Lessor, remove any and all personal property not owned by Lessor, placed or erected on the premises dining the term thereof, or any renewal thereof, and that all expense connected with such removal shall be borne by Lessee. Lessor shall have the right to sell, destroy, remove, or otherwise dispose of any such personal property left on the premises longer than ninety (90) days after termination of this Agreement. The premises shall be left by Lessee in a clean, neat, and safe condition, and the exclusive possession and use of the property shall revert to Lessor. 16. Non -Discrimination. Lessee agrees that there shall be no discrimination against or segregation of any person or group of persons because of race, color, creed, national origin, sex, sexual orientation, ancestry, marital status, physical handicap, or medical condition in the use occupancy or enjoyment of the property, nor shall Lessee, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of users of the property. 17. Waiver. The failure or omission of Lessor to terminate this Lease for any violations of any of its teens, conditions, or covenants shall in no way be deemed to be a consent by Lessor to such violation, and shall in no way bar, stop, or prevent Lessor from terminating this Lease thereafter, either for such or for any subsequent violation of any such tents, condition, or covenant. 18. Signs. 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. 19. Waiver of Relocation Assistance. In consideration for the execution of this Lease by Lessor, Lessee hereby waives any claim for relocation assistance benefits to which it May otherwise be entitled under federal, state, or local law or regulations, upon vacation of the Leased Premises, 20. Americans with Disabilities Act. Upon commencement of this Lease, Lessee shall comply, at its sole cost, with requirements of ADA which provides for the removal of architectural barriers thal prevent equal access to disabled persons on the interior of the Leased Premises. Through the duration of the Lease, Lessor shall comply, at its sole cost, with requirements of the ADA which provides for the removal of architectural barriers that prevent equal access to disabled persons on the exterior of the Leased Premises. Lessor warrants that the Premises will be ADA compliant at the time possession is delivered to Lessee. 7 2E11 Lease netweet City of National City and Days end Girls Clubs of Greater San Diego Aitbctwwont 3 21. Compliance with Environmental and Other Laws. Lessee shall not engage in activities upon the Leased Premises, or any portion thereof, for the purpose of or anyway involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether legal or illegal, accidental or intentional), or any hazardous or toxic substances, materials or wastes, or any wastes regulated under any local, state, or federal law; provided, however, normal quantities and use of those hazardous or toxic substances or materials customarily used in the conduct of Lessee's permitted uses, such as paints, stains, solvents, and similar materials, may be used and stored by Lessee at the Leased Premises. Lessee shall be, and remain for the term of this Lease, in full compliance with all applicable laws governing the use and occupancy of the Leased Premises including, without limitation, the handling, manufacturing, treatment, storage, disposal, discharge, use, and transportation of hazardous or toxic substances, materials or wastes, and any wastes regulated under any local, state, or federal law. Lessee has been advised that no digging or excavation at the site will be authorized without appropriate environmental oversight. 22. Obstruction. Except as permitted by this Lease, and except for those materials customarily used in the conduct of Lessee's permitted uses, Lessee shall not place, install, maintain, or allow any combustible materials in buildings, structures, or other improvements upon the Leased Premises, and shall not cause or allow the surface elevation therein to be changed in any way whatsoever, without prior written approval of Lessor's City Manager or designee. 23. Lessee's Obligation to Ouit. Lessee shall, upon termination of this Lease, leave and peaceably and quietly surrender and deliver to Lessor the Leased Premises and all improvements, buildings, and fixtures hereon or constituting a part thereof, and any replacements or renewals thereof in agood condition, order, and repair as the same were at the Commencement Date or thereafter may have been put, reasonable wear and use excepted.. Notwithstanding the foregoing or anything in this Lease to the contrary, Lessee shall have the right at any time during this Lease to remove from the Leased Premises Lessee's trade fixtures, furniture, equipment, and personal property, provided that Lesser repairs any damage caused by such removal. 24. Termination. This Lease maybe terminated as follows: a. In the event that during the term of this Lease, funding to operate the Club is either eliminated or reduced to a point so as to render continued operation of the Club impractical or impossible, Lessee may terminate the Lease upon ninety (90) days' written notice to Lessor. b. By Lessor, in the event the Leased Premises must be reclaimed for public use due to the requirements of a governmental agency, such as the U.S. Army Corps of Engineers, upon one (1) year's notice. In the event the 8 2011 rase Between City of kational City and Boys and Girls Clubs of Craw San Diego Attachment 3 Leased Premises are reclaimed for public use due to the requirements of a governmental agency, Lessor will provide, to the extent it determines its resources will allow and without any financial obligation on Lessor's part, assistance to Lessee in the relocation of Lessee to an alternative site substantially the same as the Leased Premises end acceptable to the Lessee for the purposes and operation of the business of Lessee. c. By Lessor upon the occurrence of one or note of the following defaults ("Defaults"), and the failure of Lessee to cure any such Default within any applicable grace period. i. The failure of Lessee to provide reasonable evidence of insurance within thirty (30) days of the renewal of any policy required herein; ii. The failure of Lessee to fulfill any obligation of Lessee under this Lease which endangers or threatens life or property, where such failure continues for a period of five (5) business days following written notice from Lessor. iii. A failure by Lessee to perform any material obligation of Lessee (other than those described above), where such failure continues for a period of thirty (30) days after written notice from Lessor, provided, however, that if the nature of Lessee's failure to perform is such that more than thirty (30) days are reasonably required for its cure, then it shall not be deemed to be a Default if Lessee commences such cure within said thirty (30) day period, and thereafter diligently prosecutes such cure to completion. iv. The failure by Lessee in conducting its activities to adhere to the provisions of the Requirements for Membership as a Member Organization of the Boys and Girls Club of America, as amended from time to time, the current version of which is attached hereto as Exhibit "C" and incorporated herein by reference d. I By Lessee, for Lessor's breach of ariy covenant, obligation, or condition contained in this Lease which is not cured within thirty (30) days immediately following written notice from the Lessee of such alleged breach, provided, however, that if the nature of Lessor's failure to perform is such that more than thirty (30) days are reasonably required for its cure, then it shall not be deemed to be a Default if Lessor commences such cure within said thirty (30) day period, and thereafter diligently prosecutes such cure to completion. e. By mutual agreement of the Parties hereto. f. By expiration of the Term. 9 2011 Lease aaman City of National City and Boys and Girls Clubs of Greats San Diego Attachment 3 g. Notwithstanding anything in this Lease to the contrary, upon termination of the Lease, neither Lessor nor Lessee shall have any further obligations or responsibilities under the Lease or relating to the Leased Premises, and each party shall be deemed to have released the other from any such further obligations or responsibilities without the need for further action. Notwithstanding the foregoing, each party shall remain responsible to the other for any obligations arising under the Lease which occurred prior to such date of termination. 25. Lessor Remedies upon a Lessee Default. If Lessee is in Default and has failed to cure such Default within any applicable grace period, Lessor may, at its option, perform such duty or obligation giving rise to the Default on behalf or Lessee, including but no limited to the obtaining of reasonably required insurance policies, or government licenses, permits, or approvals. The costs and expenses of any such performance by Lessor shall be due and payable by Lessee within ten (10) days of receipt of invoice therefore. If any check given to Lessee shall not be honored by the bank upon which it is drawn, Lessor, at its option, may require all future payments to be made by Lessee to be by cashier's check. In the event of a Default which Lessee has failed to cure within any applicable grace period, or undertaken reasonable action to cure within any applicable grace period, Lessor may, with or without future notice or demand, and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such Default, laminate the Lessee's right to possession of the Leased Premises by any lawful means; continue the Lease; and /or pursue any other remedy now or hereafter available under the laws or judicial decision of the State of California. 26. Lessee's Remedies Upon a Lessor Default. Lessor shall be in default under this Lease ("Lessor Default") if Lessor fails to perform any of the obligations of Lessor under this Lease, and such failure continues for a period of thirty (30) a days after written notice from Lessee; provided, however, that if the nature of Lessor's failure to perform is such that more than (30) days are reasonably required for its cure, then it shall not be deemed to be a Lessor Default if Lessor commences such cure within said thirty (30) day period and thereafter diligently prosecutes such cure to completion. The rights and remedies of Lessee upon a Lessor Default shall be cumulative, and upon a Lesser Default Lessee may pursue any and all rights and remedies at law or in equity, wjbether at the same time or otherwise. 27. Hazardous Substances. Lessee shall indemnify, protect, and hold harmless Lessor and each of its respective subsidiaries from and against all costs and damages incurred by Lessor in. connection with the presence, emanation, migration, disposal, release, or threatened release of any oil or other petroleum products or hazardous materials or substances on, within, or to or from the Leased Premises as a result of (i) the operations of Lessee after the Commencement Date, and (ii) the activities of third parties affiliated with Lessee or invited on the Leased Premises by Lessee after the Commencement Date and during the term of this 1 0 2011 rase Between City of National City and Boys and Girls Clubs of Greater Son Diego Attoohmont 3 Lease. Each party agrees that such party will promptly give writtat notice to the other party of any investigation, claim, demand, lawsuit, or other action by any governmental or regulatory agency or private party involving the Leased Premises and any hazardous substance or environmental taw of which such party has actual notice. 28. Taxes. Lessee recognizes and understands that this Least may create a possessory interest subject to property taxation, and that Lessee may be subject to the payment of property taxes levied on such interest. Lessee further agrees to pay any and all property taxes, if any, assessed during the term of this Lease, pursuant to Section 107 and 107.1 of the Revenue and Taxation Code, against Lessee's possessory interest in the Leased Premises. 29. Representations and Warranties. The parties represent and warrant that they have powers adequate for the execution, delivery, and performance of their obligations under this Lease; they have taken all necessary actions required to make this Lease the valid and enforceable obligation it purports to be, and this Lease has been duly executed and delivered. 30. Severability: Choice of Law. If any provision of this Lease shall be declared to be void or unenforceable either by law or by a court of competent jurisdiction, the validity or enforceability of remaining provisions shall not thereby be affected. 31. Erokers. Each party hereto represents and warrants to the other that it has not dealt with any broker in connection with the Leased Premises or this Lease. Each party hereto hereby indemnifies and holds the other harmless from and against any liability for commissions due any broker of finder with whom such party has dealt in connection with this Lease. 32. failings and Noticing. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile, fax or email; and shall be deemed received upon the earli of (i) if personally delivered, the date of delivery to the address of the persoito receive such notice; (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility; (iii) if mailed by registered, certified, or ordinary mail, three (3) days (five (5) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service; (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid; or (v) if given by telex, telecopy, facsimile, fax, or email, when sent. Any payment, notice, request, demand, direction, or other communication delivered or sent as specified above shall be directed to the following persons: 11 2011 Lame Between City ° National City and Boys and Girls Chan of Grata San Diego To the_Lessor: Chris Zapata City Manager City ofNational City 1243 National City Boulevard National City, California 91950-4301 Email: czapata a�loationalcityca.eov Phone: 619-336-4240 Fax: 619-336-4327 To the Lessee: Danny Sherlock President Boys and Girls Clubs of Greater San Diego, Inc. 115 West Woodward Escondido, CA 92025 Email: dsherlock(4sdyouth.out Phone: 760-746-3315 Fax: 760-740-0240 �'ta,•hr+e^t With a copy to: Claudia G. Silva City Attorney City ofNational City 1243 National City Boulevard National City, California 91950-4301 Email: csilva@nationalcityca.gov Phone: 619-336-4220 Fax: 619-336-4327 With a Dopy to: Laura Bright, Esq. White and Bright, LLP 970 Canterbury Place Escondido, CA 92025 Email: lbriaht@whiteandbriuht corn Phone: 760-747-3200 Fax: 760-747-5574 33. Entire Agreement. This Lease supersedes any prior agreements, negotiations, and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 34. Construction. The parties acknoivledge and agree that (i) each party is of equal bargaining strength; (ii) eaeh party has actively participated in the drafting, preparation and negotiation of this Lease; (iii) each such party has consulted with or has bad the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters cunt -plated under this Lease; (iv) each party and such party's counsel and advisors have reviewed this Lease; (v) each party has agreed to enter into this Lease following such review and the rendering of such advice; and (vi) any tule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Lease, or any portions hereof or any amendments hereto. 35. No Agency. Nothing in this Lease Agreement shall cause or imply any agency relationship or duty between Lessor and Lessee. 36. Counterparts. This Lease may be signed in counterparts. 12 2011 Lease Between City of National City and Boys and Girls Clubs of Greeter San Diego Naddar-re^f 9 • 37. Recordation. This Lease may be recorded by tither party hereto. IN WITNESS WHEREOF, the parties hereto have caused this Lease Agreement 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 OVED AS TO FORM: 4111 'midis"ilva City A Mriey THE BOYS & G f' CLUBS OF GREATER SAN DIE (Cowman. .te often) anny Sherlock President and CEO By: Aftivr Robert Burson Board Chairman 13 2011 tease Between (Sty of National City and Boys and Girls Chiba of Geeater San Diego An.rtrant CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ) County of San Diego ) On August 22, 2011, before me, Virginia Miller, Notary Public, personally appeared Ron Morrison, who proved to me an the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged tome that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 1 certify under PENALTY OP PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. c4 of o ary lic eiRGINIA DNUER Cortrmttloa 0 11749110 Notary Peale • CaWtrtlo San Diego Coot Ole Place Notary Seal Above Attachment 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of .n tJ On 7-a /1 before me personally appeared } )0l,n Sh04-to Notary Puhlic LAURA S. WW1 t !/[ta' Conanbtdon * It/4911 -'. Matey Pebik • Callon* : Il % Can oleo Sheeny Viz ft Cann, Dec EL 2012 who proved to me on the basis of satisfactory evidence to be the person }whose nameespis/gste^ subscribed to the within instrument and acknowledged to me that he/tbeiTheyr executed the same In hislpefftl]Bir authorized capac ily(1p4, and that by hisyritteir signature on the Instrument the person j, or the entity upon behalf of -which the person(e) 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. ,p Signature: C�Gf� 4.4 .fit- sp. ' Pir oe Navy SW Above Signature: ofNONry Public lOS OPTIONAL Though the information below Is not required by law, tt may prove valuable fa persons 'Oft On the document and could prevent fraudulentremovel and reattachment of this form to another document. Description of Attached Durnent Title or Type of Document: Document Date: Number of Pages: /3 Signer(s) Other Then Named Above: Cepeclty(Ies) Claimed by Signer(s) Signer's Name: —00f.41't Ly ❑ Corporate Officer — Tlie(s): rl Individual ❑ Partner — d Urntted 3 General ❑ Attorney in Fact ❑ Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: O 4fq Signer's Name: J Corporate Officer — Tltie(s). ❑ Individual O Partner — U Limled 0 General E. Attorney in Fact C Trustee fl Guardian or Conservator fl Other: Signer Is Representing: race ur.�uarcdt Top cr thumb Not 400e N.1ional Notary A..00lotIon • N.epriNotary.ory • 1.100-US NOTARY (I-*ce-064e41) lam.3007 Attachment 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of uur Dfe30 On "4-1 zT124o t ► before me .t,r1'►11 v, mtlr of R.cb� I c J Nu t .J -JJ N-e nNmre r�Titll 1¢s personally appeared P.d i z- ' 12,U 12S R) a emir } COMM. 019382511 Pigmy Public • Wilma g Sin Caren .. , _ 3015 P.ee Notary 6ee1 A4w- who proved to me on the basis of saitsfac Cory evidence to be the person(fa) whose name(a) islat1E; subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in hisiheeiheir authorized capacity(ces), and that by htsitteritheff signature(s) on the instrument the person(e), or the ently upon behalf of which the person(e)' acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature e OPTIONAL Though the information below is not required by taw, It may prove valuable to persons raying on the dopnnenr and could prevent fraudulent removal end reattachment of this forte to another document Description of Attached Document Title or Type of Document' Document Date: gas: Signer(s) Other Than Named Above: Capaclty(Ies) Claimed by Signer(s) Signer's Name: Signer's Name: C Individual C Corporete Officer — Tltle(s): ❑ Partner — C Limited o Oa fl Attorney in Fact ❑ Trustee ❑ Guardian or Co - tor ❑ Other: Signer Is epresenertg• wc1+r 111U-131'1uu1, oss_; _- Top of Intent. two ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — G Limited Li General ❑ Attorney in Fact o Trustee 0 Guardian or Conservator o Other. Signer Is Represen11ng• =I:;V{T Tom,. it,1F: itll:T� rep a rune hire CSOO NO" Nolr.yAeoosEon• 3SO D. Sob Aft ,R0tioc2i02-ORabourlhCA 51518-2402•ww-.NafonelNoiyaa5 Mn 1007 nmda:CidTo6{ree 16O.76a927 Attachment 3 EXHIBIT 'A" That portion of Blocks 3 and 4 per Map No. 552, Records of San Diego County, California, November 4,1914, together with closed and vacated to public use portions of 14m Street, 151" Street and C Avenue, described as follows: COMMENCING at the Southeast corner of said Block 4; Thence along the Southerly prolongation of the Easterly line of said Block 4, South 17°47'04" East, 4.24 feet to the POINT OF BEGINNING; 1. Thence leaving said line, South 71 ° 56' 15" West, 249.51 feet; 2. Thence South 28° 4T 57" West.16.17 feet 3. Thence North 79" 32' 30" West, 9.76 feet; 4. Thence North 88° 10' 29" West, 10.10 feet; 5. Thence South 81 ° 39' 55"West, 10.18 feet; 6. Thence South 68° 32' 00° West, 48.87 feet; 7. Thence North 71' 20' 52" West, 29.69 feet 8. Thence North 67° 43' 17" West, 19.80 feet; 9. Thence North 61 ° 15' 54" West, 39.52 feet; 10. Thence North 30° 13' 18" West, 15.13 feet; 11. Thence North 23° 22' 20" East, 37.88 feet; 12. Thence North 37° 26' 19" East, 69.13 feet; 13. Thence North 43° 43' 42" East, 79.18 feet; 14. Thence North 51 ° 18' 19" East,19.29 feet; 15. Thence North 60° 34' 10" East, 128.19 feet; 16. Thence North 16° 40' 03" West, 41,65 feet, 17. Thence North 34° 52' 24" East, 27.92 feet; 18. Thence North 71 ° 34' 26" East, 89.80 feet to the Northerly prolongation of Easterly line of said Biock 4; 19. Thence along said line, South 17° 47' 04" East, 266.11 feet to the POINT OF BEGINNING. Said land contains 75, 780 S.F., more or less. This legal description has been prepared by me, or under my direction, in conformance with the Proffssi onal =nd urveyors Act. Signature: Jo n ' Berggren, L.S. 6000 Lic-nse Expires 12/31/2010 Date: January 4, 2009 Attachment 3 LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE L1 S71'56'151W 249.51' L11 52322'201W 37.88' L2 S28'47'57"w 16.17' L12 N37'2619' 1: 69.13' L3 S79'32'30"E 9.76' L13 N43'43'42"E 79.18' L4 S8810'29'E 10,10' L14 N5118'19% 19.28' L5 N8119'55"E 10.18' L15 56014'10"W 128,19' L6 N6832'001 48.87' L16 S1641'03"E 41.65' L7 S71'20'527 29.59' L17. S3412'2411 27.92' L8 N87'43'17'W 19.80' L18 S71'34'26'W 89.80' L9 N61'15'54'W 39.52' L19 S17'4704"E 266.11' L10 53013'16°E 15.13' vccwao N A 2 BLOCK 3 L10 /- i 4a 1 � i LLB L% C.) rOMuENCEWNT ' i/ n 1 CURRENT tASOUTHEASTRNEROF ` y AREA BLOCK 4 11\ • \ 1 r • L4 ..� L3 r0' o� BLOCK 4 POINT OF 4.24' 1.▪ " POINT OF BEGINNING L2 I r" NEW LEASE AREA = 75,670 SF SCALE 1 = 100' IN ASSOCIATION WITH.. TETRA TECH BERGGREN & ASSOCIATES LAND SURVEYING AND RIGHT OF WAY MAPPING 6046 CORNERSTONE COURT WEST (116- SAN DIEGO, CALFORNIA 92121 (856) 824-0034 / (858) 824-003E Attachment 3 EXHIBIT "C" Depiction of the Premises Club hereby Subleases to EC Services that portion of the Club's Facility as follows: Sublease -BOYS' AND GIRLS' CLUBS AND EC SERVICES NATIONAL CITY BRANCH 29 to ie . • • , - • , • , 111.4. I r Di 0 V-0 - ir • 00 Of 4.. 7 ft a• our oro.r ii g0c.4s._i# D .-.......l_ITr .li ..4l...Q.'.. ... I _ 1f l_iZ....irini.. i• t M4g1...1.a ....'."- ..._,• ,.... b 1 Fr..-- nu ..... •-t , TEN CN1M EE ......1- 1 111,111 reC A I 1.11 . ,IttriTatItu 1 ..:,..• 11111.•"iiin 71-(74" . : . :1.;. tiaa : I . 1 R. • -,- ., ,;,.....__T__L,.„..._.1 --------- . . ,, 4,,,... •„„,. r. ..._ u.,L-,1, let rIi•:-.1 ,•- ..1.11 ,,,,,,,,,51, - ummouss,,r„”!;,,Mege=iii . A rt.--1E1 1115D2 ".4' I/ ' • .. n 'Fit -- ,-;;;11";:- PI* 2 ,,j 'Q..' .,..t... '' -c• rii•ci ..,. ._, , i • 0 II-148'' ...mi‘,. _ t„;44,4.. „. JAIL , Wir,11 anon • wiln no 4. um- ,c..- — , tiiiiirl- ---- - - .8, 11, i'.. A iiie---477r; a , [ ..-- !V E .„. ......7. NIOral ..4w,4 ,-.4 .4.) 11110• MI ' Iiiiiiii0lihifiliAl ••. I , ...,..... IgIV . .....b 4, IRt 1 .. Mall --, , .0 4(0 .., ... e‘,.. ,oi-• • in • .7!.. .11.(0 C--- 7.t .. a 'V & -IAA Inr-.1 Er • Vil AA , II -...--- --,-,_1_. • ."• .' I . V, 4 -- .' - • .•• •',.. , I • ., lrri:h .._ al/ L'mtiy;','. "! --,'_ . . . 113 4 , 1, , , .,- :L•mumi,-_-_- cummi pm ilL1111 tar --;-,7.-- Ill ... ...,,. TIME; IMMO V II 741 0 - _ -- ‘..•; s_. li.. Li.3,, Ml.t.MIE Ke. L.. ,..., ..r.:r... ii10.0 ',. ,. 1 • .2.7 ?'1"-.10t.! 11W 41 ITU -.• „,,,., la—antv--- ri: . . it, .. ........ milli oR ,c. a --TRY.•••41 ..ilt ics owe; CY „_ I-0 Or,......-........6;. n 4_1 -,.:: 7 I 111111n 4 -4- 1,, a; .... , i.., a' -.... • . -3 •- .• L'' _ , ; rd....I 1 ( ..., •, i \ p- • -• r_42.1.: 1 S,' a ,., !!'! r.--7; :04 __-. . :,-1 ‹.. Is, 1 1,1•I :,, ...........-...... • ,....•-• — ,. 1 r IL AI 11-4,4 1C. ... i L:,". 0 Int 114. ..? 11, ".."72 ' Q mum' CA NUIMIIIIiWili ... . .1. . — ":3' On0014 ROA RUM I.F. 2nneso .2.1, *ma ww 100 • • • Exhibit C - Youth Center Area within outline only !WM ORM %.116.74.n......0.1. Munn. in woe ma no Ow na. ir'el In mons. . .er nt 6;n IDL-1 Ve. fen an en telinerne...ww. w mei a Damen SSMtrdi. • . MOW WOW nensinen mesa" • • IlliSigitnTerati """ W • .0 neben 11' Wag= ;14.4:47:r114 DonNi L.-74 'tors:mica= 11.1.191.14.0sirew e W.t1s. anrgie. ID MOM DM IL /NSW 401. in Do Af 1,140.1 nt,a 11011,14111.11I.1.1, 1. !Veen Innen Danen. Inane ann DOWD. een n•VADIVIIIM...1.1Dc,,l1ennerenefl, /Mk eiritAinitrAAnneine natedinen .11ennenen 1114, omen, an. t.-. 11,011.1 I NM, is MOM We. WHO; ktprearAll• nen elm firt 1101110141 !WI ...DC, NI n .1.11.1111111.111.1...1 e•WW111, • is r.1 11. none."". • am"' ow"' ••1; ; •••"'. ;a. ••• ninennal. VD anne... • :azure w•=tHet.. NI T*11 me It ...pas nenietne yin• 1. ••114.0.11111.011,14.1s etniel it. RI 1 • ei. illaw in mann eh ileelvia We. nnena Onnwoi.. A nu* angeo, b•,• xr MONO . won. MAW% Irk • inntn.t. Wleentliate, On *WO W In. MUltlirt111:13 12n1111.0. 111 4.. e.g. ✓ OW In CACAO am -,la 011,111DA nmSAInlin a. Ann, 11.11 MASA., • ;VAAL" TIED AM HO •110 WS- A' Agin* tet, ▪ 11f1.4 FLO& u' New., PALL MOW n. 71tatellErnaC ASIANWalit1.1. • A2 : KAM: RI tlet • • ." *Or • . • • • • •• . . • Attachment 4 SUBLEASE This Sublease ("Sublease") is effective J u 1 2014, ("Effective Date")between the BOYS & GIRLS CLUBS OF GREATER SAN DIO, a California nonprofit corporation (the "Club" or "Landlord") and INTEGRITY CHARTER SCHOOL ("Integrity" or "Tenant") (each a "party" and collectively the "parties"). RECITALS A. The Club leases the real property located at 1430 "D" Avenue, National City, California 91950, County of San Diego, State of California (the "Property" sometimes referred to as the "Payne Family Branch"), as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, from the City of National City ("City"). A true and correct copy of said Lease between the Club and the City of National City is attached hereto as Exhibit "B" and incorporated herein by reference. B. Pursuant to the Lease between the City, Club is granted the right to sublet the Premises only with the prior written consent of the City. Therefore, the effectiveness of this Sublease is expressly made contingent upon the Club's receipt of the City's written consent as set forth below. C. Integrity desires to sublease a portion of the Property as defined below for the purpose of operating a Charter School for grades kindergarten through second grade and the Club desires to sublease a portion of the Property to Integrity for said purpose. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Subleased Premises. Subject to the written approval of this Sublease by the City, the written consent he to by the City and to the provisions of the Lease between the City and the Club, the Club hereby bleases to Integrity and Integrity subleases from the Club, upon all of the terms and conditions se{{{{{{ forth in this Sublease, a portion of the Property including six (6) identified classrooms for kindergarten through second grade, use of the boys' and girls' bathrooms, use of the computer lab, and use of the gymnasium, as shown on the attached Exhibit "C" incorporated herein by reference (the "Premises") as well as non-exclusive use ofthe common areas as described below. Integrity shall have no right of possession of any remaining portions of the real property or improvements located thereon. This Sublease subordinates to the applicable covenants and conditions of the Lease between the City and the Club. In the event of conflict between the Sublease -BOYS' AND GIRLS' CLUBS AND INTEGRITY CHARTER SCHOOL NATIONAL CITY BRANCH 1 Attachment 4 provisions of this Sublease and those of the Lease between the City and Club, the Lease between the City and the Club shall control. Portions of the Property are subject to shared use by Integrity, the Club and other users, including but not limited to the gymnasium, computer lab, bathrooms and common access ways ("Common Areas") (collectively "Shared Use Space"). The specific hours of use of portions of the Premises are more particularly set forth in Section 4.5 below. For all additional or incidental use, if any, the parties shall use their best efforts to cooperate with the scheduling and shared use. 2. Term. 2.1 Unless sooner terminated under the terms of this Agreement, the term ("Term") of this Agreement is for a period of two (2) years commencing on July 14, 2014 ("Commencement Date") and terminating at the close of business on July 13, 2016. The parties agree that each school year Term of this Agreement shall conform as closely as possible to that of the school schedule of the National City School District. 2.2 Extension/Renewal of Term. Integrity shall have one (1) option to extend the Term of this Sublease for a - . 1 one (1) year term ("Renewal Term"), which option must be exercise�,4 :n ag no lat "'r: 17eeem6er3r; 2015. In the event no option is exercised in writing , e eHr�p 3I, 2015, the Club will assume that Integrity will not renew the agreement and may negotiate an agreement with another user. If this option is exercised, references in the Sublease to the Term shall include the Renewal Term. Upon exercise of the option to renew, the Term shall be extended through the expiration date of the renewal term on the same terms and conditions as contained herein. The option may not be exercised if Integrity is in default or in breach of any term in this Sublease, or if after exercise Integrity becomes in default or breach, the Extended Term will be of no force or effect. 2.3 Possession; Acceptance of Premises. By signing this Agreement, Integrity represents and warrants that it has independently inspected all of the Premises and adjunct facilities and made all investigations, and observations necessary to satisfy itself of the condition of the Premises and adjunct facilities and accepts the Premises in an "as -is" condition. Integrity acknowledges and agrees that it is relying solely on such independent inspection, tests, investigations, and observations in making this Agreement. Integrity h reby accepts the Premises in the condition existing as of the Sublease commencement date as set rth herein, or the date that Tenant takes possession of the Premises, whichever is earlier, subject to all applicable zoning, municipal, county, state and federal laws, ordinances and regulations governing and regulating the use of the Premises and any covenants or restrictions. Integrity acknowledges that the Premises is in the condition called for by this Agreement and Integrity does not hold the Club responsible for any defects in the Property or the Premises. The Club is not aware whether the Property has or has not been determined, pursuant to a report prepared in compliance with Civil Code Section 55.53 to meet all applicable construction -related access standards. Nor is the Club aware whether there has Sublease -BOYS' AND GIRLS' CLUBS AND INTEGRITY CHARTER SCHOOL NATIONAL CITY BRANCH 2 Attachment 4 been any review of the Property for any ecologically sensitive areas, including but not limited to wetlands, flood plains, aquifers or conservation areas. Further, Integrity acknowledges that neither Landlord nor Landlord's agent, if any, has made any representation or warranty as to the present or future suitability of the Premises for the conduct of Tenant's business. 3. Rent. 3.1 Rase Rent. Tenant shall pay to Landlord Base Rent as minimum monthly rent, without deduction, setoff, prior notice, or demand the sum of $5,000 per month for the ten (10) months of this Sublease and school year. Monthly installments of Base Rent shall be payable monthly, in advance, on the first day of each month. The first month's rent shall be paid upon execution of this Sublease. The rent for any partial month, including but not limited to July, 2014, shall be prorated on the basis of a thirty (30) day month. Rent shall be paid in lawful money of the United States to the Club at the address set forth on the signature page of this Sublease or to such other person or at such other place as Landlord may designate in writing. 3.2 Membership Fees. The parties acknowledge that the Club is separately contracted to run the after -school program ("ASES") for students enrolled at Integrity in grades 1-8. In addition to the Base Rent, Integrity shall pay to the Club $30 per student for those students not eligible in ASES. Said Membership Fee shall be due and payable to the Club on date the first installment of Base Rent is due and thereafter on any date that a new student enrolls in Integrity without eligibility in ASES. 3.3 Conditional Use Permit. The Club shall use its best efforts to obtain a Conditional Use Permit for Integrity to operate at the Premises, however the Club makes no representation or guarantee whether or when the City of National City will issue the permit. The Club shall be responsible for the costs associated with the acquisition of a new Conditional U Permit required for the operation of a charter school not to exceed the sum of $ 45,9 0. 4c In the event the Club is unable to obtain the Conditional Use Permit, Integrity may terminate this Sublease in writing with no liability to either party. 4. Use. 4.1 Use. Integrity shall use that portion of the Property subleased to Integrity only for Integrity's Charter School program Mondays through Fridays at the hours set forth in Section 4.5 below, with a maximum limit of one hundred (100) children, located on the Premises at any one time, and for no other purpose. 4.2 Compliance With Law. Tenant shall comply with and observe all statutes, ordinances, regulations, orders and decrees of federal, state and city governments, or any departments, bureaus or agencies thereof, and all covenants and restrictions and requirements regulating the use of the Premises, whether now in force or promulgated in the future. In addition, Sublease -BOYS' AND GIRLS' CLUBS AND INTEGRITY CHARTER SCHOOL NATIONAL CITY BRANCH 3 Attachment 4 Integrity shall comply with and observe all rules and regulations of the City and the Club whether now in force or promulgated in the future. Any and all expense resulting from such compliance shall be born by Tenant. Tenant shall not use nor permit the use of the Premises in any manner which will tend to create waste or a nuisance or shall tend to disturb any other tenants in the building in which the Premises. 4.3 Integrity acknowledges and agrees that the Club's primary purpose is to provide after school and school break programs for the children of the community. If Integrity's schedule deviates from that of the local schools, Integrity acknowledges and agrees that the Club's programs will run as normal and that the space will be shared between the Club and Integrity for that time period, with the Club's use of primary concern. The parties shall work together to review the calendar and develop a plan for days where both programs will be running simultaneously, if any. 4.4 Integrity may utilize existing Club furniture and equipment and may also furnish the Premises with additional items. However any furnishings provided by Integrity and their use within the Premises shall be approved in writing in advance by the Club. Integrity shall furnish all of its own materials and program supplies. 4.5 Hours of Use. Integrity shall have use of the following areas for the indicated time periods: Classroom Space 8:00 a.m. until 3:00 p.m. 8:00 a.m. until 1:00 p.m. Computer Lab and Gymnasium 8:00 a.m. until 2:00 p.m. 8:00 a.m. until noon 5. Maintenance. Repair and Alteration of Premises. Mondays through Thursdays Fridays Mondays through Thursdays Fridays 5.1 Landlord's Obligations For Repair and Maintenance. Landlord shall repair and maintain in good condition the Premises as required in the Lease between the City and the Club. To the fullest extent allowed by law, Tenant hereby expressly waives the benefits of any statute now or hereafter in effect including, but not limited to, Civil Code Sections 1941 and 1942, which would otherwise give Tenant the right to make repairs and deduct the cost thereof from rent or the right to terminate this Sublease because of Landlord's failure to keep the Premises in good order, condition and repair. 5.2 Tenant's Obligations For Repair and Maintenance. Tenant shall, at Tenant's sole expense, keep in good order, condition and repair the Premises and all parts thereof (whether or not the damaged portion of the Premises or the means of repairing the same are - reasonably or readily accessible to Tenant) including, without limitation, all glass, doors, frames, Sublease -BOYS' AND GIRLS' CLUBS AND INTEGRITY CHARTER SCHOOL NATIONAL CITY BRANCH 4 Atlachment 4 plumbing, heating, air conditioning, ventilating and electrical, systems, lighting facilities, fixtures, interior walls, interior surface of exterior walls, ceilings, glass and skylights, and all of Tenant's personal property within the Premises. All operation and maintenance, repair and replacement shall be make in compliance with all applicable laws and governmental regulations. If Tenant fails to perform Tenant's obligations under this Paragraph 5.2, Landlord may, at Landlord's sole option, enter the Premises and perform such obligations on Tenant's behalf and put the Premises or any part thereof in good repair. The cost therefor, together with interest thereon at the maximum rate then allowed by law, shall be immediately due and payable as additional rent to Landlord. Tenant shall not cause or permit any waste or injury to the Premises and shall keep the Premises free from any and all objectionable noises, odors, rubbish and debris inconsistent with the proper operation of Tenant's usual business thereon. Tenant shall further conform to all rules and regulations now or hereafter established by Landlord for the general safety, care and cleanliness of the Premises, and the comfort, quiet and convenience of other tenants of the building, if any. Landlord shall not be responsible to Tenant for the nonobservance or violation of any such rules and regulations by any other tenants or users. 5.3 Common Areas. Common areas ("Common Areas") means all areas and facilities outside the Premises and within the exterior boundaries of the real property on which the Premises is located and which are for the general use and convenience of Tenant and other tenants, if any, of the building. Common Areas include, without limitation, sidewalks, entrance ways, service areas, patios, landscaped areas, hallways, public restrooms, stairways, parking areas, driveways, roadways, loading areas, elevators, and hallways. Landlord shall repair and maintain the Common Areas in good condition. Landlord may establish and enforce reasonable rules and regulations concerning the Common Areas. Further, Landlord may temporarily close any of the Common Areas for maintenance or repair purposes. Landlord may select a person or organization to maintain and operate any of the Common Areas. Landlord shall also have the right to make changes to the Common Areas including, without limitation, changes in the location of driveways, entrances, exits and parking spaces. 5.4 Alterations. Additions and Improvements. Tenant shall not make any alterations, additions or improvements to the Premises withoutthe prior written consent of Landlord. If such consent is granted, any such alteration, addition or improvement shall be made in accordance with all applicable federal, state and municipal laws, rules and regulations as well as all covenants and restrictions. This paragraph shall specifically include carpeting, window coverings, air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing, cabinets and fencing. If Landlord grants such consent, Landlord may require Tenant to remove any and all such alterations, additions or improvements at the expiration of the Term and restore the Premises to its condition as of this commencement of this Sublease. If Landlord does not require such removal and restoration, all alterations, additions and improvements shall become the property of Landlord and remain upon and be surrendered with the Premises at the expiration of the Term. Sublease -BOYS' AND GIRLS' CLUBS AND INTEGRITY CHARTER SCHOOL NATIONAL CITY BRANCH 5 Attachment 4 Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at or for use on the Premises, which claims are or may be secured by any mechanic's or materialmen's lien against the Premises or any interest therein. Landlord may also require Tenant to provide Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to 1 1/2 times the estimated cost of such alterations, additions or improvements to insure Landlord against any liability for mechanic's and materialmen's liens and to insure completion ofthe work. The bond shall meet the requirements of Civil Code Section 3143. If Tenant shall, in good faith, contest the validity of any such claim, lien or demand, then Tenant shall, at its sole expense, defend itself and Landlord against the same and shall pay and satisfy any such adverse judgement that may be rendered thereon before the enforcement thereof against the Landlord or the Premises, upon the condition that if Landlord shall require, Tenant shall furnish to Landlord a surety bond satisfactory to Landlord in an amount equal to such contested lien, claim or demand indemnifying Landlord against liability for the same and holding the Premises free from the effect of such lien, claim or demand. In addition, Landlord may require Tenant to pay Landlord's attorneys fees and costs of participating in such action. Tenant shall give Landlord not less than fifteen (15) days written notice prior to the commencement of any work in the Premises, and Landlord shall have the right to post notices of nonresponsibility in the Premises. Any proposed alterations, additions or improvements shall be presented to Landlord in written form with detailed plans. If Tenant makes any alteration, addition or improvement without the prior written consent of Landlord, Landlord may require Tenant to remove any or all of the same. 6. Insurance and Indemnity. 6.1 Liability Insurance. Tenant shall, at Tenant's sole expense, obtain and keep in force during the Term of this Sublease a policy of public liability insurance including combined single limit bodily injury andproperty damage insurance insuring Landlord, Tenant, and City against any liability arising out of the ownership, use, occupancy and maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be a combined single limit policy in an amount not less than Three Million Dollars ($3,000,000.00) per occurrence. The policy shall insure perfo ce by Tenant of the indemnity provisions of paragraph 6.4. The limits of the insurance shall n t, however, limit the liability of Tenant hereunder. Certificates of Insurance showing Landlord as an additional insured shall be provided to Landlord within ten (10) days of execution of this Sublease and each time said policy is renewed. In addition, Landlord may in Landlord's sole discretion, prohibit Tenant from taking possession of the Premises unless and until Tenant provides a valid Certificate of Insurance as set forth in Section 6.1 above. a. Tenant's Failure to Obtain Insurance. If Tenant fails to procure and maintain any insurance required by paragraph 6.1, Landlord may, but shall not be required to, Sublease -BOYS' AND GIRLS' CLUBS AND INTEGRITY CHARTER SCHOOL NATIONAL CITY BRANCH 6 Attachment 4 procure and maintain such insurance. Tenant shall immediately reimburse Landlord for all costs therefor together with interest thereon at the maximum rate then allowed by law. b. Increase of Insurance. Tenant shall not operate, occupy, maintain,. or use the leased portions of the Property in such a manner as to result in cancellation of the Club's insurance or that results in an increase of the Club's liability and/or property damage insurance. In the event that the Club's insurance is increased solely by reason of Tenant's use, occupancy, maintenance, or operation of the leased premises, then Tenant shall promptly reimburse the Club for such increased cost upon demand by the Club. The Tenant acknowledges that it shall have the sole responsibility for maintaining property damage insurance on its fixtures and equipment and other personal property located at the Premises. c. Insurance Policies. Insurance required hereunder shall be with companies holding a general policy holders rating of at least A, or such other rating as may be required by a lender having a lien or the Premises, as set forth in the most current issue of Best's Insurance Guide. Tenant shall deliver to Landlord copies of the policies of insurance or certificates evidencing the type and amount of the insurance for all insurance required to be maintained by Tenant. No policy shall be cancelable or subject to reduction in coverage or other modification except after thirty (30) days prior written notice to Landlord. Tenant shall, at least thirty (30) days prior to the expiration of such policy, furnish Landlord with renewals or binders thereof, or Landlord may order such insurance and charge the cost thereof to Tenant, which amount shall be payable by Tenant upon demand. Tenant shall not do or permit to be done anything which will invalidate any insurance policies required in this Section 6. All policies of insurance shall name Landlord (and at Landlord's option any additional parties designated by Landlord) and city as an additional insureds. 6.2 indemnity, Tenant shall indemnify and hold Landlord harmless from and against any and all claims arising from or relating to Tenant's use of the Premises, or from the conduct of Tenant's business or from any activity, work or thing done, permitted or suffered by Tenant in or about the Premises or elsewhere on the Property. Tenant shall further indemnify and hold Landlord harmless from and against any and all claims arising from any breach or default in the performance of any obligation of Tenant under this Sublease or arising from any negligence of the Tenant or any of Tenant's agents, contractors or employees and from and against all costs, attorney's fees, expenses and liabilities incurred in t e defense of any such claim or any action orcee proceeding brought thereon. If any action or proding is brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord, shall defend the same at Tenant's expense by counsel satisfactory to Landlord. Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons in, upon or about the Premises arising from any cause and Tenant hereby waives all claims in respect thereof against Landlord. 6.3. Exemption of Landlord from Liability. Tenant hereby agrees that Landlord shall not be liable for injury to Tenant's business or for any loss of income therefrom or for damage Sublease -BOYS' AND GIRLS' CLUBS AND INTEGRITY CHARTER SCHOOL NATIONAL CITY BRANCH 7 Attachment 4 to the goods, wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers or any other person in or about the Premises. Further, Landlord shall not be liable for any injury to Tenant, Tenant's employees, agents or contractors whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain or from breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures, or from any other cause, whether the damage or injury results from conditions arising upon the Premises or upon other portions of the Building or from other sources or places and regardless of whether the cause of damage or injury or the means of repairing the same is inaccessible to Tenant. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant of the Building. 7. Damage or Destruction. 7.1 Partial or Total Damage or Destruction of Premises. In the event that the Premises or any part of the Property used by Tenant is partially or totally damaged or destroyed, from any cause whatsoever, except through fault of Tenant, whether or not such damage or destruction is covered by the insurance required under paragraph 6, then Landlord may, at Landlord's sole option, either: I) restore the Premises or improvements on the Property to the condition existing immediately prior to such damage or destruction and this Sublease shall remain in full force and effect; or 2) terminate this Sublease immediately; provided, however, that if the cost of restoration of the damage or destruction is Ten Thousand Dollars ($10,000.00) or less and insurance proceeds are available for such restoration, Landlord shall repair the Premises to its condition existing immediately prior to the damage or destruction. Any damage caused through fault of the Tenant shall be repaired and restored to the condition existing immediately prior to such damage or destruction at the sole cost and expense of the Tenant. Tenant agrees that preliminary steps toward performing repairs, restoration or replacement shall be commenced within thirty (30) days, and the required repairs, restoration, or replacement shall be completed within a reasonable time thereafter in a manner acceptable to Landlord, in Landlords sole discretion. 7.2 Abatement of Rent. If the Premises are partially or totally damaged or destroyed, and if Landlord restores the Premises under the provisions of paragraph 7.1, monthly rent shall be abated proportionately with the degree to which Tenant's use of the Premises is impaired commencing from the date of damage or destruction and continuing during the period of such restoration until the restoration is completed so that Tenant may use the Premises for Tenant's usual business. 7.3 Waiver. Tenant waives the provisions of any statutes which relate to termination of Subleases or leases when the thing leased is destroyed and agrees that such event shall be governed by the terms of this Sublease. 8. Utilities. Tenant shall not be responsible for payment of utilities including, but not Limited to, water, gas, heat, electricity, power, sewer, garbage disposal and other services supplied Sublease -BOYS' AND GIRLS' CLUBS AND INTEGRITY CHARTER SCHOOL NATIONAL CITY BRANCH 8 Attachment 4 to the Premises. The Club shall be responsible for payment of the telephone. 9. Licenses and Permits. It shall be the sole and full responsibility of Integrity, at its cost, to obtain all permits and licenses as are necessary to the use, operate, occupy and maintain the Premises for use by Integrity. 10. Default. 10.1 Tenant's Default. The occurrence of any of the following shall constitute a default by Tenant: 10.1.1 Failure to pay rent or other sums when due. 10.1.2 Abandonment and vacation of the Premises (failure to occupy and operate the Premises for ten (10) consecutive days, other than scheduled vacation days, shall be deemed an abandonment and vacation). 10.1.3 Failure to perform any other provision of thi s Sublease (a nonmonetary default) if the failure to perform is not cured within thirty (30) days after notice has been given to Tenant. If the default cannot reasonably be cured within thirty (30) days, Tenant shall not be in default of this Sublease if Tenant commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure the default. Notices given under this Section shall specify the alleged default and the applicable Sublease provisions, and shall demand that Tenant perform the provisions of this Sublease or pay the rent that is in arrears, as the case may be, within the applicable period of time, or quit the Premises. No such notice shall be deemed a forfeiture or a termination of this Sublease unless Landlord so elects in the notice. The purpose of the notice requirements set forth in this paragraph is to extend the notice requirements of the unlawful detainer statutes of California. 10.1.4 Violation by Tenant of any provisions of any recorded documents affecting the Premises. 10.1.5 No interest of Tenant in this Sublease shall be assignable by operation of law. Each of the r'oliowing acts shall be considered an involuntary assignment and a default hereunder: 10.1.5.1 If Tenant is or becomes bankrupt or insolvent or is unable to pay Tenant's debts as they become due, makes an assignment for the benefit of creditors, or institutes a proceeding under the Bankruptcy Act in which Tenant is the bankrupt; or, if Tenant is a partnership or consists of more than one person or entity, if any partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit Sublease -BOYS' AND GIRLS' CLUBS AND INTEGRITY CHARTER SCHOOL NATIONAL CITY BRANCH 9 Attachment 4 of creditors; 10.1.5.2 If a writ of attachment or execution is levied on this Sublease; 10.1.5.3 If, any proceeding or action to which Tenant is a party, a receiver is appointed with authority to take possession of the Premises. An involuntary assignment shall constitute a default by Tenant and Landlord shall have the right to elect to terminate this Sublease, in which case this Sublease shall not be treated as an asset of Tenant. 11. Termination. This Sublease may be terminated as follows: 11.1 In the event that during the term ofthis Sublease, governmental funding is either eliminated or reduced to a point so as to render continued operation of the Integrity Charter School impractical or impossible, Integrity may terminate this Sublease upon ninety (90) days' written notice to the Club. In the event Integrity Charter School is terminated hereunder, Integrity shall, upon the written consent of the parents or guardians of the children then enrolled in the program, provide to the Club a record of all students then participating in the program, which record shall include each student's name, the name of the student's parent(s) or guardian(s), address and telephone number. The purpose for providing said records shall be to allow the Club, in its sole discretion, to continue providing Club services to said students; 11.2 By Club, for Integrity' s breach of any non -monetary term, covenant or condition contained in this Sublease which is not cured within thirty (30) days immediately following written notice from the Club of such alleged breach; Sublease; 11.3 By the Club for the breach of any monetary term, covenant or condition of this 11.4 By mutual agreement of the Parties hereto; or 11.5 In the event that the Lease between the City of National City and the Club is terminated, for any reason, before the end of the Term of this Sublease, this Sublease shall terminate. 11.6 By Integrity in the event the Conditional Use Permit is not obtained. 11.7 Exception to Termination. Notwithstanding the above provisions regarding termination this Sublease shall not be terminated prior to June 30 in any year for which Integrity has Sublease -BOYS' AND GIRLS' CLUBS AND INTEGRITY CHARTER SCHOOL NATIONAL CITY BRANCH 10 Attachment 4 received funding for its charter school. 11.8 Surrender: Termination. Immediately upon termination of this Sublease, Tenant shall surrender the Premises to Landlord in the same condition as received, ordinary wear and tear excepted, clean and free of debris. Tenant shall repair any damage to the Premises occasioned by the installation or removal of its trade fixtures, furnishings and equipment. Unless Landlord requests the removal of said fixtures, all alterations, improvements and additions shall become the property of Landlord and remain upon and be surrendered with the Premises at the expiration of the Term. 12. Late Charges. Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due under this Sublease will cause Landlord to incur costs not contemplated by this Sublease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of rent or any other sum due from Tenant is not received by Landlord within ten (10) days after such amount is due then Tenant shall immediately pay to Landlord a late charge equal to six percent (6%) of the overdue amount. The parties agree that such late charge represents a fair and reasonable estimate of the costs Landlord will incur by reason of late payment by Tenant. Acceptance of the late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted under this Sublease. If a late charge is payable hereunder, whether or not collected, for three (3) installments of rent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, not withstanding any other provision of this Sublease to the contrary. 13. Condemnation. (1) Definitions. "Condemnation" means: (a) the exercise of any governmental power, whether by legal proceedings or otherwise, by a condemnor; and (b) a voluntary sale or transfer by Landlord to any condemnor, either under threat of condemnation or while legal proceedings for condemnation are pending. "Date of Taking" means the date the condemnor has the right to possession of the property being condemned. 1 "Award" means all compensation, sums, or anything of value awarded, paid or received on a total or partial condemnation. "Condemnor" means any public or quasi -public authority, or private corporation or individual, having the power of condemnation. Sublease -BOYS' AND GIRLS' CLUBS AND INTEGRITY CHARTER SCHOOL NATIONAL CITY BRANCH 11 Attachment 4 If, during the Term or during the period of time between the Effective Date and the Commencement Date, there is a taking of all or any part of the Premises, Building, other improvements or real property of which the Premises are a part or of any interest in this Sublease by condemnation, the rights and obligations of the parties shall be determined pursuant to this Paragraph. (2) Total Taking. If all of the square footage in the Premises is taken by Condemnation, this Sublease shall terminate on the Date of Taking. (3) Partial Taking. If a portion of the square footage but less than all of the square footage of the Premises or of the Building or the real property of which the Premises are a part, is taken by condemnation, Landlord, within sixty (60) days after the Date of Taking, may terminate this Sublease as of a date specified in a written notice given to Tenant by Landlord within that sixty (60) day period. If Landlord does not give notice of termination to Tenant within that sixty (60) day period, then this Sublease shall continue in full force and effect; provided, however, that if a portion of the square footage but less than all of the square footage in the Premises is taken, monthly rent shall be reduced by an amount that is in the same ratio to monthly rent as the total square footage in the Premises taken bears to the total square footage in the Premises immediately before that Date of Taking. (4) Waiver of California Code of Civil Procedure Section 1265.130. Tenant waives the provisions of Code of Civil Procedure Section 1265.130 allowing a party to petition the superior court to terminate this Sublease in the event of a partial taking of the Premises. (5) Restoration of Premises. If there is a partial taking of the Premises and this Sublease remains in full force and effect Tenant at its cost shall accomplish all necessary restoration with no abatement of rent. (6) Award. The entire award shall belong to and be paid to Landlord except that Tenant shall receive from the award a sum attributable to Tenant's improvements or alterations made to the Premises by Tenant in accordance with this Sublease which Tenant has the right to remove from the Premises pursuant to the provisions of this Sublease but elects not to remove. 14. No Broker. Tenant represents that neither the Premises, nor any portion of the roperty, was presented to it or to any person representing it by any broker or finder and that no roker or fmder was involved in the leasing of the Premises. Tenant warrants that no claim for commission for the leasing shall be presented to Landlord. Further, Tenant agrees to indemnify and defend Landlord in the event of any such claims. 15. Assignment. 15.1 No Assignment. Tenant shall not assign or encumber its interest in this Sublease -BOYS' AND GIRLS' CLUBS AND INTEGRITY CHARTER SCHOOL NATIONAL CITY BRANCH 12 Attachment 4 Sublease or in the Premises, or sublease all or any part of the Premises, or allow any other person or entity to occupy or use all or any part of the Premises, without first obtaining Landlord's prior written consent, which consent may be withheld in Landlord's sole and absolute discretion. Any assignment, encumbrance, or sublease without Landlord's prior written consent shall be voidable and, at Landlord's election, shall constitute a material default of this Sublease. No consent to any assignment, encumbrance, or sublease shall constitute a further waiver of the provisions of this Section. 15.2 If Consent is Given. If Landlord consents to an assignment or encumbrance of sublease, Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Sublease and shall immediately pay to Landlord all rent from any subletting of all or any part of the Premises as permitted by this Sublease, and Landlord, as assignee and as attorney -in -fact for Tenant, may collect such rent and apply it towards Tenant's obligations under this Sublease: All rent received by Tenant from any subtenants in excess of the rent payable by Tenant to Landlord under this Sublease shall be paid to Landlord, or any sums to be paid by an assignee to Tenant in consideration of the assignment of this Sublease shall be paid to Landlord if Landlord consents to a sublease or assignment. Tenant shall remain liable on the Sublease. If Tenant requests Landlord to consent to a proposed assignment or subletting, Tenant shall pay to Landlord, whether or not consent is ultimately given, Landlord's reasonable attorney's fees incurred in connection with each such request. 15.3 Assignment by Operation of Law. No interest of Tenant in this Sublease shall be assignable by operation of law. Each of the following acts shall be considered an involuntary assignment: 15.3.1 If Tenant is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors or institutes a proceeding under the Bankruptcy Act in which Tenant is the bankrupt; or, if Tenant is a partnership or consists of more than one person or entity, if any partner of the partnership or other person or entity is or becomes bankrupt or insolvent, or makes an assignment for the benefit of creditors; 15.3.2 If a writ of attachment or execution is levied on this Sublease; 15.3.3 lf, in any proceeding or action to which Te}tant is a party, a receiver is appointed with authority to take possession of the Premises. An involuntary assignment shall constitute a default by Tenant and Landlord shall have the right to elect to terminate this Sublease, in which case this Sublease shall not be treated as an asset of Tenant. 16. Estoppel Certificate. Tenant shall at any time and from time to time, upon not less than ten (10) days prior written notice from Landlord, execute, acknowledge, and deliver to Sublease -BOYS' AND GIRLS' CLUBS AND INTEGRITY CHARTER SCHOOL NATIONAL CITY BRANCH 13 Atlachment 4 Landlord a statement in writing certifying certain facts including, without limitation, that this Sublease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Sublease, as so modified, is in full force and effect) and the dates to which the rental, the security deposit, and other charges, if any, are paid in advance, and acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of Landlord hereunder, and no events or conditions then in existence which, with the passage of time or notice or both, would constitute a default on the part of Landlord hereunder, or specifying such defaults, events, or conditions, if any are claimed. It is expressly understood and agreed that any prospective purchaser or encumbrancer of all or any portion of the Premises or the Building or of the real property of which they are a part shall be entitled to rely upon any such statement. Tenant's failure to deliver such statement within such time shall, at the option of Landlord, constitute a breach or default under this Sublease. If such option is not so exercised by Landlord, Tenant's failure shall be conclusive upon Tenant that (i) this Sublease is in full force and effect without modification except as may be represented by Landlord; (ii) that there are no uncured defaults in Landlord's performance; and (iii) that not more than one (1) months' rental has been paid in advance. If Tenant fails to deliver the certificate within ten (10) days, Tenant irrevocably constitutes and appoints Landlord as its special attorney -in -fact to execute and deliver the certificate to a third party. 17. Subordination. Tenant agrees upon request of Landlord to subordinate this Sublease and its rights hereunder to the lien of any mortgage, deed of trust or other encumbrance, together with any conditions, renewals, extensions, or replacements thereof, now or hereafter placed, charged or enforced against the Landlord's interest in this Sublease and the leasehold estate thereby created, the Premises, the Building or improvements included therein or the real property of which the Premises are a part, and deliver at any time and from time to time upon demand by Landlord any documents required to effectuate such subordination. In the event that Tenant fails, neglects or refuses to execute and deliver any such document within ten (10) days after receipt of written notice to do so and the receipt by Tenant of the document to be executed by it, Tenant hereby appoints Landlord, its successors and assigns, the special attorney -in -fact of Tenant irrevocably to execute and deliver any and all such documents for and on behalf of Tenant; provided, however, that Tenant shall not be required to effectuate such subordination, nor shall Landlord be authorized to effect such subordination on behalf of Tenant, unless the mortgagee or beneficiary named in such mortgage, deed oftrust or other encumbrance shall first agree in writing, for the benefit of Tenant, that so long as Tenant is not in default under any of the provisions, covenants or conditions of this Sublease on the part of Tenant to be�ept and performed, that Tenant's quiet enjoyment of the Premises will not be disturbed or interfer with by any trustee's sale or by any action or proceeding to foreclose said mortgage, deed of trust or other encumbrance. In the event that the mortgagee or beneficiary of any such mortgage or deed of trust elects to have this Sublease a prior lien to its mortgage or deed of trust, then and in such event upon such mortgagee or beneficiary giving written notice to Tenant to that effect, this Sublease shall be deemed a prior lien to such mortgage or deed of trust whether this Sublease is dated or recorded prior to or subsequent to the date of recordation of such mortgage or deed of trust. Sublease -BOYS' AND GIRLS' CLUBS AND INTEGRITY -CHARTER SCHOOL NATIONAL CITY BRANCH 14 Attachment 4 18. Intentionally left blank. 19. Interest on Past Due Obligations. Except as expressly herein provided, any amount due to Landlord not paid when due shall bear interest at the maximum rate then allowable by law from the date due until paid. 20. Notices. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other or any other person shall be in writing and either served personally or sent by prepaid certified mail, first class, and shall be addressed to the other party at the address set forth under its name on the signature page of this Sublease. Either party may change its address by notifying the other party of the change of address in accordance with this Paragraph. Notice shall be deemed effective upon receipt if personally delivered or seventy-two (72) hours from the date of mailing if mailed as provided in this Paragraph. 21. Signs. Tenant shall not place any sign upon the Premises, the building or any improvements or the real property of which the Premises are a part without Landlord's prior written consent. 22. Recording/Ouitclaim Deed. This Sublease shall not be recorded without Landlord's prior written consent. Tenant shall execute and deliver to Landlord on the expiration or termination of this Sublease, immediately on Landlord's request, a quitclaim deed to the Premises, in recordable form, designating Landlord and City as transferee. 23. Holding Over. If Tenant, with Landlord's consent, remains in possession of the Premises or any part thereof after expiration of the Term of this Sublease, such occupancy shall be a tenancy from month to month upon all of the other provisions of this Sublease pertaining to the obligations of Tenant but all options and rights of fast refusal, if any, granted under the terms of this Sublease shall be deemed terminated and be ofno further effect during said month to month tenancy. 24. Landlord's Right of Entry. Landlord and Landlord's agents shall have the right to enter the Premises at reasonable times for the purpose of inspecting the same, showing the Premises to prospective purchasers, lenders or tenants and making such alterations, repairs, improvements, or additions to the Premises or the Building as Landlord may deem necessary or desir ble. Landlord may at any time place on or about the Premises any ordinary "for sale" signs and Landlord may at any time during the last one hundred and eighty (180) days of the Term of the Sublease place on or about the Premises "For Lease" signs. 25. Attorney's Fees. If either party brings an action to enforce the terms of this Sublease or declare rights hereunder, the prevailing party in such action, on trial or appeal, shall be entitled to his reasonable attorney's fees to be paid by the losing party as fixed by the court. Sublease -BOYS' AND GIRLS' CLUBS AND INTEGRITY CHARTER SCHOOL NATIONAL CITY BRANCH 15 Attachment 4 26. Rules and Regulations. Tenant agrees that it will abide by, keep and observe all reasonable rules and regulations which Landlord may make from time to time for the management, safety, care and cleanliness of the Premises, the Building and the surrounding areas as well as for the convenience of other occupants and tenants of the Building. The violation of any such rules and regulations shall be deemed a material breach of this Sublease by Tenant. 27. Security Measures. Tenant hereby acknowledges that the rent payable to Landlord hereunder does not include the cost of guard service or other security measures and that Landlord shall have no obligation whatsoever to provide the same. Tenant assumes all responsibility for the protection of Tenant, it's agents and invitees from acts of third parties. 28. Easements. Landlord reserves the right from time to time to grant such easements, rights and dedications that Landlord may deem necessary or desirable and to cause the recordation of parcel maps and restrictions so long as such easements, rights, dedications, maps and restrictions do not unreasonably interfere with the use of the Premises by Tenant. Tenant shall sign any of the aforementioned documents immediately upon request of Landlord and failure to do so shall constitute a material breach of this Sublease. 29. Landlord's Right to Effect Performance. If Tenant at any time fails to perform any covenant, term or condition of this Sublease, Landlord may immediately, or at any time thereafter without notice, perform the same for the account of Tenant, and any monies paid by Landlord on account thereof shall be deemed to be additional rent due under this Sublease, shall be immediately due and payable to Landlord and shall bear interest at the maximum rate allowable by law until paid by Tenant to Landlord. 30. Commencement of Action. 30.1 Any claim, demand, right or defense of any kind by Tenant, which is based upon or arises in any connection with this Sublease or the negotiations prior to its execution, shall be barred unless Tenant commences an action thereon, or interposes in a legal proceeding a defense by reason thereof, within six (6) months after the date of the inaction or omission or the date of the occurrence of the event or of the action to which the claim, demand, right or defense relates, whichever applies. 30.2 Mediation. Arbitration and Attornev's Fees. 30.2.1 Mediation of Disputes. Except as otherwise provided herein, the parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration. Mediation fees, if any, shall be divided equally among the parties involved. If, for any dispute or claim to which this paragraph applies, any party commences arbitration without first attempting to resolve the matter through mediation, or refuses. to mediate after a request has been made, then that party shall not be entitled to recover attorney's Sublease -BOYS' AND GIRLS' CLUBS AND INTEGRITY CHARTER SCHOOL NATIONAL CITY BRANCH 16 Attachment 4 fees, even if they would otherwise be available to that party in any such arbitration. 30.2.2 Arbitration of Disputes. Except as otherwise provided herein, any action to enforce or interpret this instrument or to resolve disputes between the parties regarding this instrument, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. Any party may commence arbitration by sending a written demand for arbitration to the other parties. Such demand shall set forth the nature of the matter to be resolved by arbitration. Arbitration shall be conducted at San Diego, California. The substantive law of the State of California shall be applied by the arbitrator to the resolution of the dispute. The parties shall share equally all initial costs of arbitration. The prevailing party shall be entitled to reimbursement of attorney fees, costs, and expenses incurred in connection with the arbitration. All decisions of the arbitrator shall be final, binding, and conclusive on all patties. Judgment may be entered upon any such decision in accordance with applicable law in any court having jurisdiction thereof. `NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE `ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE `ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE `ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION. INITIALS: 30.2.3 In the event of a dispute arising out of this Agreement, or the performance thereof it, the prevailing party shall recover all of his legal fees and expenses, whether or not the dispute is submitted to arbitration. 31. Miscellaneous. 31.1 Time of Essence. Time is of the essence to this Sublease. 31.2 Additional Rent. Any monetary obligation of Tenant to Landlord under the terms of this Sublease shall be deemed to be rent. 31.3 Amendments. This Sublease contains all agreements of the parties with Sublease -BOYS' AND GIRLS' CLUBS AND INTEGRITY CHARTER SCHOOL NATIONAL CITY BRANCH 17 Attachment 4 respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Sublease may be modified only in a writing signed by all parties hereto. 31.4 Severability. The invalidity of any provision of this Sublease as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof and it shall remain in full force and effect. 31.5 Waiver. No delay or omission in the exercise of any right or remedy of Landlord on any default by Tenant shall impair such right or remedy or be construed as a waiver. No act or conduct of Landlord, including, without limitation, the acceptance of the keys to the Premises, shall constitute an acceptance of the surrender of the Premises by Tenant before the expiration of the Term. Only a written notice from Landlord to Tenant shall constitute an acceptance of the surrender of the Premises and accomplish a termination of the Sublease. Landlord's consent to or approval of any act by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent to or approval of any subsequent act by Tenant. Any waiver by Landlord of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Sublease. 31.6 Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 31.7 Covenants and Conditions. Each provision of this Sublease to be performed by Tenant shall be deemed both a covenant and a condition. 31.8 Governing Law. This Sublease shall be governed by the laws of the State of California. 31.9 Heirs, Successors and Assigns. Subject to the provisions restricting assignment or subletting by Tenant, or other provisions of this Sublease, this Sublease shall be binding on the parties, their respective heirs, personal representatives, successors and assigns. 31.10 Authority. Each individual executing this Sublease on behalf of such entity represents and warrants that he or she is duly autho ' d to execute and deliver this Sublease on behalf of that entity. If Landlord requests, Tenant sh 11 provide Landlord with evidence of such authority satisfactory to Landlord. 31.11 Written Notice or Consent of Parties. Whenever a notice, consent or approval of either party is required, the notice, consent or approval shall be in writing. 31.12 Captions. The captions of this Sublease shall have no effect on its interpretation. Sublease -BOYS' AND GIRLS' CLUBS AND INTEGRITY CHARTER SCHOOL NATIONAL CITY BRANCH 18 Attachment 4 31.13 Construction. As used in this Sublease, the masculine, feminine or neuter gender and the singular or plural numbers shall each be deemed to include the other whenever the context so indicates. This Sublease shall be construed in accordance with its fair meaning, the captions being for the convenience of the parties only and not intended to describe or define the provisions in the portions of the Sublease to which they pertain. The terms of this Sublease have been freely negotiated by the parties and this Sublease shall not be construed against the drafter. Sublease -BOYS' AND GIRLS' CLUBS AND INTEGRITY CHARTER SCHOOL NATIONAL CITY BRANCH 19 Attachment 4 31.14 Joint and Several Obligations. If more than one (1) person is Tenant, the obligations imposed on Tenant are joint and several. LANDLORD: ,, M S s ND GIRLS CLUB By: Addre P.O. Box 178569 San Deigo, CA 92177 TENANT: INTEGRITY CHAR 1'ER SCHOOL By: Address: 7e/ / 0i- d Na- -.I y 8 I VcV 9/9 —0 ci)a 'mg Skeila4 1\WBSBS1Chent Files\LBB`real estate \ Boy ' and Girie C1ub'utegrity Chong School-Nadanel City -Payne BranstSubleaselnteprity-revisai3-3-14.wpd Sublease -BOYS' AND GIRLS' CLUBS AND INTEGRITY CHARTER SCHOOL NATIONAL CITY BRANCH 20 EXHIBIT "A" Legal Description of the Property Sublease -BOYS' AND GIRLS' CLUBS AND INTEGRITY CHARTER SCHOOL NATIONAL CITY BRANCH 21 Attachment 4 EXHIBIT "B" (Copy of the Club's Lease with the City of Poway) Sublease -BOYS' AND GIRLS' CLUBS AND INTEGRITY CHARTER SCHOOL NATIONAL CITY BRANCH 22 Attachment 4 Attachment 4 EXHIBIT "C" Legal Description of the Premises Club hereby leases to Integrity that portion of the Club's Facility as follows: Both Integrity and Club using best efforts to cooperate with the other regarding said shared use. Integrity shall have no right of possession of the remaining portions of the real property or improvements located thereon, Sublease -BOYS' AND GIRLS' CLUBS AND INTEGRITY CHARTER SCHOOL NATIONAL CITY BRANCH 23 Attachment 4 EXHIBIT "A" That portion of Blocks 3 and 4 per Map No, 552, Records of San Diego County, California, November 4, 1914, together with closed and vacated to public use portions of 14th Street, 15th Street and C Avenue, described as follows; COMMENCING at the Southeast corner of said Block 4; Thence along the Southerly prolongation of the Easterly line of said Block 4, South 17°47'04" East, 4.24 feet to the POINT OF BEGINNING; 1. Thence leaving said line, South 71° 56' 15" West, 249.51 feet; 2. Thence South 28° 47' 57" West, 16.17 feet; 3. Thence North 79° 32' 30" West, 9.76 feet; 4. Thence North 68° 10' 29" West, 10.10 feet; 5. Thence South 81 ° 39' 55" West, 10.18 feet; 6. Thence South 68° 32' 00" West, 48.87 feet; 7. Thence North 71 ° 20' 52" West, 29.69 feet; 8. Thence North 67° 43' 17" West, 19.80 feet; 9. Thence North 61 ° 15' 64" West, 39.52 feet; 10. Thence North 30° 13' 16" West, 15,113 feet; 11. Thence North 23° 22' 20" East, 37.88 feet; 12. Thence North 37° 26' 19" East, 69.13 feet; 13. Thence North 43° 43' 42" Easi, 79.18 feet; 14_ Thence North 51° 18' 19" East, 19.29 feet; 15. Thence North 60° 34' 10" East, 128.19 feet; 16. Thence North 16° 40' 03" West, 41.65 feet; 17. Thence North 34° 52' 24" East, 27.92 feet; 18. Thence North 71 ° 34' 26" East, 89.80 feet to the Northerly prolongation of Easterly line of said Block 4; 19. Thence along said tine, South 17° 47' 04" East, 266.11 feet to the POINT OF BEGINNING. Said land contains 75, 760 S.F., more or less. This legal description has been prepared by me, or under my direction, in conformance with the Professional .and tSurveyors Act. Signature: Jo n R. Berggren, L.S. 6000 Lic nse Expires 12/31/2010 Date: January 4, 2009 Attachment 4 LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE 11 S71'56'15"W 249.51' L11 S2372'20'W 37.88' L2 528'47'57"W 16.17' L12 N37'26'19'E 69.13' L3 S79'32'30"E 9.76' L13 N43'43'42"E 79.18' L- S88'10'291 10.10' 114 N51'18'19"E 19.28' L5 481'39'55'E 10.18' 115 S60'34'10"W 128.19' L6 Nfi832'00"E 48.8'7' L16 S16'40'03"E 41.65' L7 S71'20'S2"E 29.69' 1.17 534.52'24"W 27.92' L8 N67'43'17"W 19.80' L18 871'34'26"W 89.80' L9 N61'15'54"W 39.52' L19 S17'47'04'E 266.11' 0 S30'13'16'E 15.13' MAP 552 BLOCK 3 ti L10 ' CP X BLOCK 4 POINT OF / 9 COMMENCEMENT / C7 \ CURRENT SOUTHEAST X/ 2 -}> \ LEASE CORNER OF `.` \� n� AREA BLOCK 4 G, . L4 jAL LS =7� . 5 L3 I j♦ IO 15 NpleO L2 4.24' \,\ POINT OF BEGINNING NEW LEASE AREA = 75,670 SF SCALE 1'= 100' IN ASSOCIATION WITH: TETRA BERGGREN & ASSOCIATES LAND SURVEYING AND RIGHT OF WAY MAPPING 8046 CORNERSTONE COURT WEST #116 SAN DIEGO, CALIFORNIA 92121 (058) 824-0034 / (656) 824-0036 •I um I11.1321 n�Nrr i .�.- O Am'PWY M(JpC. N/K aYNg' lao ENTER 1'. FLOCM-PLAN let GO53. ll•.-v.Ynnp la.. .pawl... 14..44 (L�• ate 9a ? t LiN 11.elLiti Is., IY iIrm:1R:.YY:a1 ONEy 1.01 totaltabaelliFI- Exhibit C Inhin.r1r4 S.ii hal a:a vlu v'np' r1QWYOiQ L':L: • i-- 11. Ll1'I1f. al. I .r1:4t a. FRY... i 1iw sfl ! yu Nwa �'a mu t�i. Yiir.r ^nwai • r' 4 liaaly 1 4LYY01.6i11r 1i961 I 1 , Iyi per, .ila wmu v+ru 1. iilltl u • t 1•. �r1�1 PeliT P. MY pYI n rpwlNPmP m 4 Velar 4uw rum lame �w N 1•'."AligfiFtb ite pIYNYi14 N -4 ra✓1 vpu 'IN Yp Ala ea YYm4Y . C5' Pat ale IW ask.. 444,4 13 ' 2n we rpi W wa12.144 .'.. wt.. LEwY laa ii wwa. Wpm Y]MpYaux.. Yv! ...we .. 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FOAM 'la 1LI Ivaq lal. N..M'W'W 0.001.. yO ` aR{q 1Ytt *YN, 611nrMN11. I�a4q Y Il.1 P.tiW 1YYV4J1N, YS$Xc'GhI. pVN'. Y. Y..[I ipL yUa nY� w.K u,I4l Ny%VpO.�Ii{� p WYY µ 1.. rr.u.3t atli .cn.xus.citr ray.1NiN. Oy FLUOfiPLAN NOTES • - All Program Areas except Youth Center Area which is outlined ALI411[. 5,%i OT [Pa root nen • 1'pi: tI llil4' tea: 1110 E*R4 0191' a pal Ma cm p.Yl. IINC FLOOP t4AII IW. CAM A2.i. Attachment 4 FIRST AMENDMENT TO SUBLEASE THIS FIRST AMENDMENT TO SUBLEASE is made effective July 1, 2014 by and between the BOYS & GIRLS CLUBS OF GREATER SAN DIEGO, a California nonprofit corporation (the "Club" or "Landlord") and INTEGRITY CHARTER SCHOOL ("Integrity" or "Tenant"). Recitals A. The Club entered into a Sublease with Integrity effective, July 1, 2014, subject to the written consent of the City of National City (the "City") to use a portion of the Premises located at 1430 "D" Avenue, National City, California (the "Property") as a public charter school. B. The Property is located on public parkland and therefore may or may not be used for certain purposes. C. Pursuant to requirements by the City and a Second Amendment of the Lease between the City and the Club, the Club and Integrity now agree to amend and modify the Sublease upon the terms and conditions set forth herein and as further provided in the amended Lease. NOW, THEREFORE, in consideration of the mutual promises and covenants of the respective parties hereto, it is mutually agreed as follows: 1. Section 1. Section 1 of the Sublease dated July 1, 2014 shall be amended to read as follows: 1. Subleased Premises. Subject to tie written approval of this Sublease by the City, the written consent heret by the City and to the provisions of the Lease between the City and the Club, as amended from time to time, the Club hereby subleases to Integrity and Integrity subleases from the Club, upon all of the terms and conditions set forth in this Sublease, a portion of the Property including six (6) identified classrooms for kindergarten through second grade, use of the boys' and girls' bathrooms, use of the computer lab, use of the gymnasium and the school -age children's playground as shown on the attached Exhibit "C" incorporated herein by reference (the "Premises") as well as non-exclusive use of the common areas as described below. Integrity shall have no right of possession of any remaining portions of the real property or improvements located thereon. This Sublease subordinates to the applicable covenants and Attachment 4 conditions of the Lease between the City and the Club. In the event of conflict between the provisions of this Sublease and those of the Lease between the City and Club, the Lease, as amended from time to time, between the City and the Club shall control. Portions of the Property are subject to shared use by Integrity, the Club and other users, including but not limited to the gymnasium, computer lab, bathrooms and common access ways ("Common Areas") (collectively "Shared Use Space"). The specific hours of use of portions of the Premises are more particularly set forth in Section 4.5 below. For all additional or incidental use, if any, the parties shall use their best efforts to cooperate with the scheduling and shared use. 2. Section 2.2: Section 2.2 of the Sublease shall be amended to add the following: Any Renewal Term of this Sublease shall require the written consent of the City. 3. In all other regards, the Sublease dated July 1, 2014 shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to Sublease to be executed as of the date specified above. THE CLUB: By: Danny Sherlock, President and CEO INTEGRITY Susie Fahey, Director CONSENTED TO THE CITY OF NATIONAL CITY By: (print name and title) Attachment 4 APPROVED AS TO FORM AND CONTENT By: Claudia Silva, City Attorney Q:1LBB\real estate\Boys' and Girls' Club\Integrity Charter School -National City -Payne BrancgUFase-First Amendment.doc RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO THE LEASE BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE BOYS AND GIRLS CLUB OF GREATER SAN DIEGO, INC., CONSENTING TO A SUBLEASE AGREEMENT BETWEEN THE BOYS AND GIRLS CLUB AND INTEGRITY CHARTER SCHOOL, AND A SUBLEASE BETWEEN THE BOYS AND GIRLS CLUB AND EPISCOPAL COMMUNITY SERVICES FOR THE CITY -OWNED LAND AND BUILDING LOCATED AT 1430 "D" AVENUE WHEREAS, on August 16, 2011, the City Council adopted Resolution No. 2011- 183, approving a Lease with the Boys and Girls Clubs of Greater San Diego, Inc., ("Boys and Girls Club"); and WHEREAS, pursuant to this Lease, Boys and Girls Club is leasing from the City certain real property, including a building and other improvements, located at 1430 "D" Avenue (the "Property") 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, Section Six of the Lease requires that any subletting requires the City's prior written consent. The Boys and Girls Club desires to sublease to two new subtenants, Integrity Charter School ("Integrity") and Episcopal Community Services ("ECS"). Both Integrity and ECS would share the land and building located at 1430 "D" Avenue; and WHEREAS, Boys and Girls Club and the City seek to enter this Second Amendment to the Lease to allow for subletting; and WHEREAS, Integrity and the City are now desirous of entering into a sublease for the Property for the purpose of allowing Integrity to use six classrooms, bathrooms, computer labs, and the gymnasium for kindergarten through second grade; and WHEREAS, the term of the Integrity sublease will be for two years with a monthly payment to the Boys and Girls Club of $5,000. In addition, Integrity will pay to the Boys & Girls Club $30 for every non after -school program eligible student; and WHEREAS, ECS and the City are now desirous of entering into a sublease for the Property for the purpose of allowing ECS to use the Youth Center, Youth Office, storage, restrooms, and common areas to operate a Head State Program, which is a comprehensive child development program serving children from birth to five years old; and WHEREAS, the term of the ECS sublease will be for five years with a monthly payment to the Boys and Girls Club of $3,534.30. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby authorizes the Mayor to execute the Second Amendment to the Lease by and between the City of National City and the Boys and Girls Clubs of Greater San Diego, Inc., allowing subletting of the land and building located at 1430 "D" Avenue. BE IT FURTHER RESOLVED, that the City Council of the City of National City hereby authorizes the Mayor to execute the Sublease with Integrity Charter School for the land and building located at 1430 "D" Avenue; and Resolution No. 2014 — 112 Page Two BE IT FURTHER RESOLVED, that the City Council of the City of National City hereby authorizes the Mayor to execute the Sublease with Integrity Charter School for the land and building located at 1430 "D" Avenue; and BE IT FURTHER RESOLVED, that the City Council of the City of National City hereby authorizes the Mayor to execute a sublease with Episcopal Community Services for the land and building located at 1430 "D" Avenue. PASSED and ADOPTED this 5th day of August, 2014. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 5, 2014 AGENDA ITEM NO. ITEM TITLE: Request to appoint two City Council members to serve on an ad hoc committee for the consideration and potential selection and recommendation of an energy service firm to enter into a guaranteed energy savings contract (ESCO) with the City in response to a request for statements of qualifications (SOQ). PREPARED BY: Raymond Pe DEPARTMENT: Plate ivisi PHONE: 1336-4421 APPROVED BY. EXPLANATION: On July 24, the City released a request for statements of qualifications (SOQ) from energy service firms for sustainability improvements to City facilities under a guaranteed energy savings contract (ESCO). Expressions of interest were due by 5:00 p.m. on August 4, and responses are due by 5:00 p.m. on August 18. The ad hoc committee will review the responses and may recommend that the City Council enter into an agreement with the most qualified responsible contractor. The request for SOQ describes the minimum required scope of services, the firm selection process, and the minimum information that must be included in responses. The ESCO would guarantee that no City funds be expended for work associated with the contract. Any capital outlay or other expenses for the development and implementation of recommendations would be paid from savings resulting from implementation of the recommendations. The ESCO is expected to go before the City Council in October. Program development will take approximately six months with implementation to be coordinated with ongoing CIP projects. The request for SOQ is attached for information. The five member ad hoc committee will consist of two City Council members and three City employees and/or subject matter experts. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. Not Applicable. APPROVED: MIS ENVIRONMENTAL REVIEW: Not Applicable. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Appoint two City Council members to serve on the ESCO ad hoc committee. BOARD 1 COMMISSION RECOMMENDATION: Not Applicable. ATTACHMENTS: 1. Request for Statements of Qualifications Attachment 1 REQUEST FOR STATEMENTS OF QUALIFICATIONS (SOQ) GUARANTEED ENERGY SAVINGS CONTRACT FOR MUNICIPAL FACILITY SUSTAINABLE IMPROVEMENT AND MANAGEMENT SERVICES JULY 24, 2014 The City of National City's Department of Engineering & Public Works seeks Statements of Qualifications (SOQs) from interested energy service firms for an energy services contract (ESCO) to make sustainability improvements to City facilities under a guaranteed energy savings contract. Expressions of Interest (EOIs) are due to the Office of the City Engineer no later than August 4th 2014 at 5pm. Responses are due to the Office of the City Engineer no later than August 18th at 5pm. NATIONAL CITY intends to select the most qualified responsible contractor per the evaluation criteria contained herein with whom it will enter into a Guaranteed Energy Savings Contract. The general services are described under Section III "Scope of Services." This RFQ describes the minimum required scope of services, the firm selection process, and the minimum information that must be included in the SOQ. Failure to submit information in accordance with the request for SOQ requirements and procedures may be cause for disqualification. Objectives for the program are to: • Reduce carbon emissions from City operations • Reduce City energy usage • Reduce City water usage • Achieve operation and maintenance savings • Maximize opportunities for generating renewable energy • Utilize Integrated Demand Side Management (IDSM) techniques to reduce utility charges and increase self-reliance • Demonstrate the application of advanced energy and water saving technologies The SOQ package is available for free download on the City's website at http://www.ci.national- citv.ca.us/index.asox?page=450 Questions can be emailed to: Kuna Muthusamy, P.E. Assistant Director of Engineering/Public Works kmuthusamy@nationalcityca.gov REQUEST FOR STATEMENTS OF QUALIFICATIONS (SOQ) GUARANTEED ENERGY SAVINGS CONTRACT FOR MUNICIPAL FACILITY SUSTAINABLE IMPROVEMENT AND MANAGEMENT SERVICES J U LY 24, 2014 I. INTRODUCTION The City of National City's Department of Engineering & Public Works seeks Statements of Qualifications (SOQs) from interested energy service firms for an energy services contract (ESCO) to make sustainability improvements to City facilities under a guaranteed energy savings contract. Expressions of Interest (E01s) are due to the Office of the City Engineer no later than August 4th 2014 at 5pm. Responses are due to the Office of the City Engineer no later than August 18t" 2014 at 5pm. NATIONAL CITY intends to select the most qualified responsible contractor per the evaluation criteria contained herein with whom it will enter into a Guaranteed Energy Savings Contract. The general services are described under Section III "Scope of Services." Only submissions by qualified vendors, identified on the State of California DGS's 2012 pool of qualified ESCO contractors, established pursuant to Gov't Code 4217.10-18 of the Public Utilities will be considered. This RFQ describes the minimum required scope of services, the firm selection process, and the minimum information that must be included in the SOQ. Failure to submit information in accordance with the request for SOQ requirements and procedures may be cause for disqualification. Objectives for the program are to: • Reduce carbon emissions from City operations • Reduce City energy usage 1 • Reduce City water usage • Achieve operation and maintenance savings • Maximize opportunities for generating renewable energy • Utilize Integrated Demand Side Management (IDSM) techniques to reduce utility charges and increase self-reliance • Demonstrate the application of advanced energy and water saving technologies Many of National City facilities are in, around or adjacent to Kimball Park. The City has allocated about $1.5 million for capital improvement needs to facilities at Kimball Park, much of which are electrical upgrades (see Attachment B for a full description of these improvements). The City intends for the selected firm to perform these capital improvements or to coordinate and cooperate during their performance so that installation costs can be reduced, service disruption can be minimized and/or more comprehensive energy and water improvements can be installed. National City intends to pay for improvements performed out of utility bill savings, operation and maintenance savings, rebates and incentives, and existing Capital Improvement Program (CIP) allocation. II. BACKGROUND AND DESCRIPTION In 2012, the City of National City approved a Climate Action Plan (CAP)• aimed at bringing National City's carbon emissions to 15% below 2005 levels by 2020, with additional reductions by 2030. The table below shows baseline emissions levels by sector for National City government operations, as well as forecast emissions for 2020 and 2030 under a business -as -usual (BAU) scenario. Buildings and Facilities are responsible for the largest share of emissions from government operations. http://www.nationalcityca.gov/index.aspx?page=548 2 TABLE 2-5 GOVERNMENT Oulu:knows Eriessiows %4vEKroRIY AND FORECAS'T1 By SECTOR 2006 2020 2030 Sources ) 02e) (ld'ICOse) Beatings anal Facilities 1,519 1,851 2,140 Employee Commute Vehicle Fleet 1,591 1,722 1,995 1,033 1,076 1,269 Solid Waste 565 685 803 Public Witting 360 429 507 Water and Sewage $ 11 11 Total 5.077 5,774 6484 Sou.ee: CACC model, ICLEE, 2009, anal DORE, 2010. The CAP set emissions reduction targets for government operations by sector as shown in the table below. National City endeavors to reduce annual emissions from its buildings and facilities and public lighting by a total of 1187 MTCO2e by 2020 and 1514 MTCO2e by 2030. TALE 4-2 GOVERNMENT OPERATIONS GHG Emmia=N REDUCTIONS Sector Esulalings anal Facilities Total Reedoc hian in Total Reduction in 2020 ) 2030 (frfrC0he') 859 1,069 Employee Commune 25 39 vehicle Fleet 330 339 Solid Waste 0 0 Public Lighting 328 545 Water and Sewage 22 29 Total Reduction 1,563 2,021 BAU Emissions 5,774 6,686 Emissions with Roder- tinms 4,211 4,665 % Below 2006 Baseline Emissions 17% 8% Bassett: CAQ , 2010; C.AMA, 20111; DORE, 2010. The City also completed an Energy Roadmap (Attachment C) in December 2012 which was 3 created out of support from SANDAG and SDG&E. As part of that effort, energy assessments were performed for a number of City buildings (those assessments can be made available upon request). Interested firms are encouraged to visit the City's website for additional information on projects and services: www.nationalcityca.gov. ID. SCOPE OF SERVICES National City seeks a qualified energy services firm to: 1. Audit City facilities 2. Develop an aggressive scope of sustainable improvements 3. Identify and secure all appropriate rebates, incentives, grants and subsidized financing 4. Compare, identify and secure project financing sources 5. Oversee installation of improvements 6. Monitor and maintain improvements 7. Guarantee that savings resulting from improvements exceed annual lease and debt service payments We expect this project will require no new funds from the City to be budgeted or expended. Any capital outlay or other expenses associated with supplier development and implementation of recommendations and services should be paid for from the savings garnered from each of the endeavors and shall be in full compliance with all applicable State Statutes. The City seeks aggressive, innovative, deep and wide improvements. The project may include measures for any and all City facilities including buildings, parks, lighting, infrastructure and other assets. A list of City buildings and parks appears in Attachment A. Further data on City facilities, including 24 month historical utility bills, equipment information and building plans is available upon request from the Engineering and Public Works Department. National City reserves the right to eliminate some of the facilities from the evaluation at a later date. For the purposes of developing this SOCK, respondents will have access to City facilities on July 30th and 31st 2014 between the hours of 8am and 5pm. Respondents are required to write to kmuthusamy@nationalcityca.gov to confirm the appointment for access, no later than July 29th 2014 at 5pm. Improvements may include: • Replace inefficient equipment, • Replace old equipment reaching end of life cycle, • Improve workplace comfort, • Create energy (gas, electric, oil) savings, maintenance savings, and water savings, • Provide new capital equipment with no up -front cost, 4 • Significant efficiency improvement of National City facilities, • Reduced maintenance efforts, • Increased reliability, • Renewable generation (i.e. solar PV) and other sustainable technology where appropriate. The City intends for the selected firm to go beyond traditional energy and water savings measures, and to employ a wide range of technologies and techniques. Without limiting application of other technologies, the city is interested in the following: • Smart -grid and micro -grid type integration of energy efficiency, energy storage, renewables, and building automation • Renewable energy and/or storage that can be used as backup power • Peak load shaving and demand management • Rainwater capture • Grey water use • Storm water capture for onsite use • Highly aesthetic solar powered street and park lighting in high profile locations • Irrigation retrofits and landscape redesigns • Golf course water consumption minimization • Public education and awareness about sustainability improvements NATIONAL CITY may cancel this Request for Statements of Qualifications, or may reject in whole or in part any and all proposals when NATIONAL CITY determines that cancellation or rejection serves the best interests of the public. Guaranteed Energy Savings Management Services Guaranteed Energy Savings Management Services (GESMS) are defined as a program of services including energy audits, energy conservation measures, energy conservation projects, or a combination thereof, and building maintenance and financing services, primarily intended to reduce the cost of energy and water in operating one or more buildings, which may be paid for in whole or in part, by cost savings attributable to a reduction in energy and water consumption which result from the services. Savings Guarantee The Guaranteed Energy Savings Contract is defined as a contract for the evaluation, recommendation or implementation of one or more energy management services in which payments are based, in whole or in part, on any energy savings attributable to the Contract. It shall include a written guarantee of the ESCO that either the amount of the energy savings guaranteed will be achieved or the qualified provider shall reimburse the public agency for the shortfall amount. Methods for measurement and verification of guaranteed savings shall conform to the most recent standards established by the Federal Energy Management Program of the U.S. Department of Energy. The value of guaranteed savings must cover all of the annual payments at the discretion of National City. The Guaranteed Energy Savings Contract term for providing a guarantee, measurement and verification, maintenance, service and installment or lease payments shall not exceed 20 years. 5 • Savings must be guaranteed by the provider to meet or exceed annual lease and debt service payments. • Guaranteed savings period, along with full measurement, verification and validation must cover the full term of the financing. • Financing may be for as long as 20 years, but in no case longer than the weighted average life of the improvements. The selected ESCO will be required to assume the total responsibility for the design and implementation of the project. The ESCO will be considered the prime contractor and the sole point of contact with regard to all contractual matters for design, supervision, installation, service, maintenance, training and savings guarantee. Timeline The timeline below indicates key date for this solicitation and an estimated timetable for implementation. Step, Dates Issue Solicitation 7/24/14 Site Inspection Window 7/30/14-7/31/14 Expressions of Interest Due 8/04/14 Questions Due 8/11/14 Responses Due 8/18/14 Evaluation, Selection, ESCO Negotiation 8/19/14 - 9/18/14 City Council Consideration of ESCO Oct 2014 Scope Development, Contracting and Financing Oct 2014 - March 2015 Installation April 2015 - October 2015 IV. GENERAL INSTRUCTIONS A. Firms shall adhere to the requirements detailed in subsequent sections of this RFQ. B. Unless no other manner of description suffices, and NATIONAL CITY so determines in writing, all requirements within the Guaranteed Services Contract shall be written in a manner which describes the requirements to be met without having the effect of exclusively requiring a proprietary supply or service, or a procurement from a sole source. NATIONAL CITY will require that any software, pass codes and other information or documents required for the operation, maintenance or upgrades of energy management systems and energy conservation measures or projects will be provided to NATIONAL CITY at the time of installation at no extra charge. 6 V. STATEMENT REQUIREMENTS A. General 1. The SOQ shall be concise, well organized and demonstrate a clear understanding of the City's needs. The statement shall be limited to 50 one- sided pages (8 1/2 inches x 11 inches, or folded to fit these dimensions), inclusive of resumes, graphics, forms, pictures, photographs, dividers, front and back covers, cover letter, etc. Type size and margins for text pages should be in keeping with accepted standard formats for desktop publishing and processing and should result in no more than five hundred (500) words per page. 2. The Firm will be evaluated based upon the information submitted in accordance with the requirements of this request for SOQ. Statement of Qualifications must be submitted in the format outlined in this section. Each SOQ will be reviewed to determine if it is complete prior to evaluation. NATIONAL CITY reserves the right to eliminate from further consideration any response that does not follow the format or is deemed non -responsive; however, NATIONAL CITY reserves the right to waive any minor irregularities or informalities. B. Contents Elements of SOQs submitted in response to this request for SOQ shall be in the following order and shall include: 1. Cover Letter Include a 1-2 page cover letter that includes a brief background on the firm, including any unique attributes and distinguishing characteristics of the firm, which would be of value to the City. The cover letter should also express why the firm is interested in this particular request for 5OQ. 2. Executive Summary Include a 1-2 page overview of the entire SOQ describing its most important elements. 3. Contact Information a. Legal name and address of company b. Legal form of company (partnership, corporation, joint venture, etc.). If joint venture, identify the members of the joint venture and provide 7 all information required within this section for each member. c. Address(es) of office(s) working on the project. d. Name, title, address, telephone number and email address of the person to contact concerning the proposal. 4. Team Organization and Key Personnel a. The SOQ must include a discussion of the firm's staffing plan and level of personnel to be involved, their qualifications, experience, resumes, roles, and the name of the licensed professional(s) who will be in charge of project implementation and coordinating with the City and any other affected agencies. Provide assurance that an adequate number of qualified staff will be available to provide the services proposed. Provide evidence of key personnel qualifications. b. The SOQ must include an organizational chart illustrating key staff and their positions. If submitting as a team, the organizational chart shall also include team firms, their key staff and positions, roles and responsibilities. 5. Past Project Examples Provide detailed information on three (3) Performance Contracting projects (2 pages each) your firm has completed that can be used for references. Expand on the information provided in the previous section to give details on individual projects. Include the following information on each project as a minimum: a. Project Identification: 1. Owner name, 2. City/state, 3. Facility type. b. Contact Information: Names and contact information of owner(s) representatives who can serve as references. c. Project Type: Performance Guaranteed Contract. d. Project Size: Number of buildings and total project square footage. e. Project Dollar Amount: Total contract amount and the total project capital expenditure amount. f. Source of funding: A description of the source of funding used for the project and the company's role (if any) in securing that funding. g. Project Dates: Actual dates of audit start and acceptance; actual construction starting and ending dates. h. Contract terms: A description of the type of financing arrangement and contract term. 8 i. Project Personnel: A list of the names of individuals involved in the project, their role(s) and if these personnel will be assigned to the project. j. Project Schedule: Indicate if project was completed on schedule and an explanation if not. k. List of Improvements: The types of retrofits and operational improvements implemented related to energy, water and other cost savings/improvements. Project Performance: The amounts of projected annual savings, guaranteed annual savings, and actual annual savings for each project. 6. Technical Approach a. Describe how your firm will go about identifying and designing an extensive and innovative array of measures that meet the objectives of this RFO, and making them work economically, maximizing energy, water, emissions and costs saved. b. Provide estimates for the total project size in dollars, the annual saving anticipated from water, electricity, gas, and other sources. c. Provide estimate for the amount of grants, rebates, incentives and other funding to offset project costs. d. Provide list of measures your firm anticipates utilizing. e. Provide estimates for size and location of renewable energy systems your firm anticipates installing. f. Explain your firm's basis for b through e. 7. Project Approach Provide your firm's approach to the various technical steps in project development, and explain how your approach will provide best value to National City. Response should include a description of the technical approach to each phase of the GESMS including the IGA, the Design, Implementation, Commissioning, and M&V phases. Provide resumes of your project team. 8. Methodology of Determining and Guaranteeing Energy Savings Describe your methodology of determining energy savings and explain how your approach will minimize risk for NATIONAL CITY. Describe also your approach to verifying energy savings. State type of M&V options most frequently utilized on performance contracts. 9. Performance Capabilities Describe the general reputation and performance capabilities of the firm and explain how these characteristics translate to optimizing results for NATIONAL CITY. Please include the years in business under current name, annual revenues (most recent year) and one copy of the company's most recent audited financial report. 9 10. Time Specified in the Qualifications for the Performance of the Contract NATIONAL CITY anticipates that the audit of the identified NATIONAL CITY facilities will be complete within four months after the date of issuance of the letter of intent. 11. Financing Approach Respondents shall include in their responses information regarding financing provided by the ESCO directly, or through a third party, and their approach to supporting National City to compare and secure the best financing option (National City reserves the right to secure financing from whichever source(s) it determines is in its best interest). Respondent shall demonstrate their expertise in, and plan for, leveraging other sources of funding such funding sources may include, but are not limited to: utility rebates; demand response payments; grants; sale of renewable energy, carbon or air quality emissions credits; water savings grants; or sale of efficiency benefits on the ISO Capacity Market, and other utility, state, and federal benefits, incentives, rebate, grants, etc. All benefits that stem from implementation of this project that are deemed to have a monetary or societal value shall be the sole property of the City of National City. 12. Methods Proposed to Accomplish the Work a. Discuss the firm's capabilities for developing innovative or advanced techniques for project delivery. b. Outline the firm's managerial approach to ensuring a high quality of service. c. Discuss methods proposed to ensure projects will be delivered on -schedule and within budget, including QA/QC processes, project tracking and progress reports. 13. Financial Management and Accounting System The written SOQ must include a discussion of the firm's financial management and accounting system to ensure compliance with Parts 16.301-3, 18, and 31 of Title 48 of the CFR. 14. Competitive Procurement, Open Book Pricing and Overhead a. Describe your firms proposed process for obtaining competitive subcontractor bids, selecting (with City approval) subcontractors, assuring competitive pricing. 10 The term "Disadvantaged Business Enterprise" or "DBE" means a for -profit small business concern that is at least 51% owned by one or more individuals who are both socially and economically disadvantaged as defined in Title 49, Part 26 of the Code of Federal Regulations (CFR). Describe how you plan to attract DBE subcontractors. b. Affirm your firm's commitment to using open book pricing, and briefly outline your experience with it. c. Specify what overhead rate your firm will charge. 15. Exceptions to this Request for Statement of Qualifications The Firm shall certify that it takes no exceptions to this request for SOQ and the requirements stated within. 16. Addenda to this Request for Statement of Qualifications The Firm shall confirm in its statement the receipt of all addenda issued for this request for SOQ. The Firm is not required to include copies of the actual addenda in its submittal. VI. SUBMITTAL PROCESS A. Five signed hardcopies of the SOQ and one electronic copy on cd shall be submitted in one sealed packaged to the Office of the City Engineer no later than 5:00 PM on Monday, August 18th 2014. Address to: Kuna Muthusamy, P.E. Assistant Director of Engineering/Public Works City of National City Department of Engineering & Public Works 1243 National City Boulevard National City, CA 91950 B. SOQs are to be submitted in sealed packages with the following information clearly marked on the outside of each package: 1. Name of Firm 2. SOQ Title 3. Package Number (e.g., 1 of , 2 of , etc.) 11 C. SOQs shall be submitted according to the requirements set forth in this RFQ. Failure to adhere to these specifications may be cause for rejection. D. SOQs submitted by email or facsimile are not acceptable and will not be considered. E. SOQs and/or modifications received subsequent to the hour and date specified above will not be considered. F. Late submittals, submittals to the wrong address, and submittals with inadequate copies are considered non -responsive and will be rejected. G. Once SOQs have been submitted, the composition of the key team members shall not be changed without the prior written consent of the City. H. All Requests for Information (RFIs) or questions regarding this RFQ shall be submitted by 5:OOpm on August 11th 2014 via email to: kmuthusamy@nationalcityca.gov. The City will only respond to written RFIs from firms who have received this request for SOQ. The City cannot respond to verbal questions submitted by telephone or in person. Firms interested in receiving a summary of the City's responses to RFIs may submit an email to the address above upon receipt of this request for SOQ. All relevant questions and responses shall be shared with those firms on the list. Respondents/firms are cautioned that any oral statements made that materially change any portion of the SOQ are not valid unless subsequently ratified by formal written addenda to the SOQ. No technical questions that may materially change any portion of the SOQ will be accepted following the question due date. I. Expressions of Interest (EOIs) are due to the Office of the City Engineer no later than August 3rd at 5pm. EOIs are strongly encouraged, however they are not mandatory. EOIs should contain the name of the firm and a statement confirming interest in this opportunity and the firm's intent to submit a SOQ. EOIs are to be submitted via email to: Kuna Muthusamy, P.E. Assistant Director of Engineering/Public Works kmuthusamy@nationalcityca.gov VII. FIRM NOMINATION AND SELECTION PROCESS 12 The City anticipates selecting one firm and signing a letter of intent with that firm to undertake an investment grade audit, develop a scope, and source financing, and produce guaranteed savings figures. A. A firm selection committee (Committee) of at least five City staff, stakeholders and leaders will be established for this project. B. The Committee will evaluate each firm independently based on the strength of their written SOQ. Interviews may or may not be conducted with one or more firms. The Committee will rank the responsive firms as to their qualifications. Reference checks may be performed at any point in the process to assist with the evaluations. The City will enter into negotiations with the highest -ranked firm. Points of discussion will include contract terms and conditions, insurance requirements, scope of work, fees, and a Letter of Intent (LO1). If the selected firm and the Committee are unable to come to mutual terms with the agreement, the Committee will dismiss said firm and enter into discussions with the next highest -ranked firm. C. Upon acceptance of the terms of the LOI and satisfaction of insurance requirements, the City Engineer will recommend to the City Council approval of the agreement with the selected firm. Final authority to approve the LOI rests with the City Council. VIII. EVALUATION CRITERIA Only SOQs that meet the specified requirements will be deemed responsive and will be evaluated. National City may choose to waive specific requirements if it is in the best of interest of the City to do so. SOQs deemed "responsive" will be evaluated and score based on the point allocations below. Criteria Point Value Team qualifications and staffing plan 15 Firm experience, project examples and references 25 Technical and project approach 15 Financing Approach 10 Anticipated energy measures (creativity, breadth and soundness for basis for development) 5 Anticipated water measures (creativity, breadth and soundness for basis for development) 5 Anticipated renewable energy generation opportunities (creativity, breadth and soundness for 5 13 basis for development) Anticipated other measures such as smart -grid (creativity, breadth and soundness for basis for development) 5 Approach to maximizing rebates, incentives, grants, etc. 5 Approach to competitive procurement 5 Competitiveness of overhead rate 5 RFQ Total Possible Grade 100 Points IX. SPECIAL CONDITIONS A. Reservation of Rights 1. The City reserves the right to waive any irregularities or informalities in the RFQ or selection process. 2. The City reserves the right to change or cancel, for any or no reason, in part or in its entirety, this RFQ, including but not limited to: submittal requirements, submittal date, and selection schedule. 3. The City reserves the right to request additional information and/or clarification from any or all respondents to this RFQ. 4. The City reserves the right to reject all submittals for any reason without indicating reasons for said rejection. 5. The City does not accept any financial responsibility for any costs incurred by respondents. 6. Issuance of this request for SOQ does not commit the City to award a contract, to pay any costs incurred in the preparation of a response to this request, or to procure a contract for services. 7. Selection is dependent upon the negotiation of a mutually acceptable contract with the successful respondent(s). B. Nonconforming Terms and Conditions Any statement that includes terms and conditions that do not conform to the terms and conditions of this request for SOQ is subject to rejection as non- responsive. The City of National City reserves the right to permit the respondent to withdraw non -conforming terms and conditions from its statement prior to action by the City Council of the City of National City to award a contract. 14 C. Changes to Scope of Services The City may materially change the scope of services by way of written addenda to this request for SOQ signed by the City Engineer. Such changes may include additions, deletions, or other revisions within the general scope of 50Q requirements. The City may waive the written requirement for a variation in the scope of services if, in the opinion of the City, such variation does not materially change the item or its performance within parameters acceptable to the City. D. Conflict of Interest The City has established a policy concerning potential conflict of interest in project management, design and construction. This policy applies to all proposers and their proposed firms/sub-firms. E. Public Information All statements submitted in response to this request for SOQ become the property of the City and thus become public records and, as such, may be subject to public review. Documents may be made available for public review and copying upon request, after completion of the firm selection process. Firms who wish to release information regarding the firm selection process, contract award or data provided by the City at any public hearing must receive prior written approval from the City before disclosing such information to the public. F. Applicable Laws, Codes, Fees and Regulations The contracts awarded shall be governed in all respect by the laws of the State of California, and any litigation related to the contract or this request for SOQ shall be brought in the State of California, with a venue of the San Diego Superior Courts. The firm(s) awarded the contracts shall comply with all applicable Federal, State, and local laws and regulations. The ESCO shall be responsible for payment of any required permits, licenses, taxes or fees associated with the execution of the performance contract. The ESCO shall be responsible for compliance with all applicable codes and laws. All work performed, related and specified, shall be in accordance with the most current CA Building Codes & Title 24 etc. G. Insurance and Bond Requirements 15 Before entering into a Guaranteed Energy Savings Contract, NATIONAL CITY shall require the ESCO to file with it a payment or a performance bond relating to the installation of energy savings measures, in an amount equal to 100 percent of the estimated contract value from a surety company licensed to do business in California and whose name appears on United States Treasury Department Circular 570. The successful ESCO shall procure and maintain in effect during the life of the agreement commercial general liability insurance in amount not less than $5,000,000 for each occurrence, comprehensive automotive liability insurance in amount not less than $5,000,000, and workers compensation insurance as required by California law. Evidence of required insurance shall be submitted within fifteen (15) calendar days of notice of selection and prior to the commencement of any work on the project. Failure to provide the insurance certificates within this time frame shall be cause for the statement to be rejected as non -responsive. Committee are unable to come to mutual terms with the agreement, the Committee will dismiss said firm and enter into discussions with the next highest -ranked firm. The entity/organization selected shall maintain insurance in full force and effect during the entire period of performance under the contract(s). Failure to do so shall be cause for termination of the contract(s). All policies must have a thirty (30) day non -cancellation clause giving the City of National City thirty (30) days prior written notice in the event a policy is cancelled. At the end of each contract year, the City of National City reserves the right to review insurance requirements and to require more or less coverage depending on the assessment of risk, the entity/organization's past experience, and the availability and affordability of increased liability insurance coverage. Any aggregate insurance limits must apply solely to this contract. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, then the entity/organization shall maintain such insurance coverage for three years after the expiration of the term (and any extensions) of the contract. H. Independent Contractor Status The respondent agrees, if selected, that the respondent shall perform the services as independent contractor(s) and not employee(s) of the City of National City. The City shall not be considered the employer of the respondent. The respondent understands, if selected, the respondent shall have the sole responsibility for deciding the manner and means of providing the services, except as outlined in the final contract and its attachments or exhibits. I. Indemnification 16 The respondent agrees, if selected, to indemnify and hold harmless the City of National City and all their respective officers and employees from any and all liability, claims, costs, including reasonable attorney's fees, demands, damages, expenses, and causes of action as outlined in the contract. J. Examination of Solicitation The respondent understands that the information provided herein is intended solely to assist the respondent in submittal preparation. To the best of the City's knowledge, the information provided is accurate. However, the City does not warrant such accuracy, and any errors or omissions subsequently determined will not be construed as a basis for invalidating this solicitation. Further, by submitting a response to this solicitation, the respondent represents that he or she has thoroughly examined and become familiar with work required in the solicitation and is capable of performing quality work and to achieve the objectives of the City of National City. Thank you for your interest in working with the City of National City. Sincerely, Kuna Muthusamy Assistant Director of Engineering/Public Works 17 u-T San Diego Ad Order Numbs 0010856339 Sales Rep Manuel Order Taker Manuel Order Source Customer CITY OF NATIONAL CITY Customer Account 1055817 Customer Address 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950 USA Customer Phone (619) 336-4228 Order Confirmation Payor Customer DBA: OFFICE OF THE CITY CLERK CITY OF NATIONAL CITY avor Account 1055817 Payor Address 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950 USA Payor Phone (619) 336-4228 PO Number Ordered By, Esther Customer Fax Customer EMail eclem ente©nationalcityca, gov Tear Sheets Proofs 0 0 Net Amount $410.00 Affidavits 0 Total Amount $410.00 Invoice Blind Box Payment Method Payment Amount $0.00 Amount Due 410.00 IMMO ta0 UT San Diego Ad Number Ad Type Pick Up Production Method 0010856339-01 CLS Legal AdBooker Ad Size 0.95 x 10.42 Columns/Inches Color 1x10.41 WYSIWYG Content UT San Diego NOME RA STATEMENTS OP OUALIFICATTONS ROD) GUARANTEED MERGE CONTRACT FOR MUNICIPALFACRITY SUSTADTAUTE IMPROVEMENT AND MANAGEMENT SERVKES The City of Nation- al Ctty's Department of Engineering & Public Works seeks Statequali- fications of (GQ4S00s) from interested en- ergy servke firms for an energy serv- ices contract (ESCO) to make sustalnablifty im- provements to City facilMes under a gy savings contrnteed ra Expressions of In- terest (EctIs) are due to the Office of the City Engineer no later than August AM 2014 at Sere. Re- sponses are due to }lie Office of the City Engineer no later Mon Augast lath at Spm. .NATIONAL CITY intends to select the most qualified re- sponsible contractor per the evaluation criteria contained herein with whom it will enter Tote a Guaranteed Energy Savings Contract. The general services are described under Section Ili -Stole of Services.* This RFO de• scribes the mini- mum required scope of services, the firm selection process, and the minimum in• formation that must be included in the SOD. Failure fo sub• mil Information In aeeordoncc wiltt the request for SOQ re• auirements and pro., terrines play be cause for dlswalifl• Carson. Obiecltvos for the UT San Diego • Reduce urban e niS5fons from CiIY meridians = Reduce CRY goer- ar usage • Reduce City gofer Usage • Achieve oileratian and maintenance savings • Maximlte°poerl- notes for generating renewobfeenerw • Utilize Integrated Demand Side Man- agement (tDSMY technivues to reduce utility charges and Increase self- rel lance • Demonstrate the application of ad - vaned energy and water saving tech- nologies The SOQ package Is available for free download on the Clty'swebsne at hRp also s/Ind lonol-c Ity. co,vs/Index.asax ?page=4S0 Questions can be emalled to: Kona Muthesamy P.E.. Assistant Director of Engineering/Public Works, kmuthuswmv 1 11 eno l ailcyca.gov Product Zone Placement Position Start Date End Date Insertions UTSanDiego Mobile Digital Legal Notices General Legals 07/24/2014 07/24/2014 1 UTSanDiego Online Digital Legal Notices General Legals 07/24/2014 07/24/2014 1 UTSanDiego Print Metro Legal Notices General Legals 07/24/2014 07/24/2014 1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 5, 2014 AGENDA ITEM NO. g ITEM TITLE: City Council Review of League of California Cities 2014 Annual Conference Resolutions PREPARED BY: Leslie Deese, City Manager PHONE: 619-336-4240 EXPLANATION: See attached report. DEPARTMENT: City Manager APPROVED B—�'�� FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: City Council consider the League's resolutions and determine the City's position so that our voting delegates can represent the City's position during the League conference on September 3-5 in Los Angeles. BOARD / COMMISSION RECOMMENDATION: 1N/A, ATTACHMENTS: Staff Report League of California Cities 2014 Annual Conference Resolutions Packet Staff Report: City Council Review of League of California Cities 2014 Annual Conference Resolutions This year's League of California Cities Annual Conference will be held September 3-5 in Los Angeles. Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities and the League is through the League's eight standing policy committee and the board of directors. The process allows for timely consideration of issues in a changing environment and assures city officials the opportunity to both initiate and influence policy decisions. On June 17, 2014, the City Council voted to appoint Mayor Morrison as the voting delegate and Vice Mayor Natividad as alternate to represent National City at the 2014 League Annual Business Meeting. The meeting will be held at 12:00 p.m. on Friday, September 5, at the Los Angeles Convention Center. At the Annual Conference, the League will consider one resolution, the details of which are provided in the attached information packet. Also provided for the City Council's information are staffs comments on the proposed resolution: 1) Resolution calling upon the Governor and the Legislature to convene a summit to address the devastating environmental impacts of illegal marijuana grows on both private and public lands throughout California and the increasing problems to public safety related to these activities by working in partnership with the League of California Cities to develop responsive solutions and to secure adequate funding for cost-effective implementation strategies. **Please note: This resolution was referred to and is scheduled to be heard by the Environmental Quality and Public Safety policy committees prior to the General Resolutions Committee and General Assembly. Staff Recommendation: Staff recommends the City Council support this resolution as it seeks to address the devastating environmental impacts of illegal marijuana grows on both private and public lands throughout the state, and the increasing threat to public safety relating to these illegal sites. The resolution will provide the League with the direction to call upon the Governor and State Legislature to convene a summit to develop responsive solutions and to secure adequate funding for implementation strategies. The League encourages city councils to consider the resolutions and determine a city position so their voting delegate(s) can represent its position during the conference, and / or provide a report back to Council on action taken by the League on the resolutions. If there is any particular direction that the Council would like to provide, direction tonight would be appropriate. p. 1 oc a Some Councils just allow their voting delegates to "vote your conscience" since the measures tend to get modified during the policy committee process. Others like to provide specific direction to vote for or against a particular resolution. There is no requirement that the Council discuss or take action on each issue. ll LEAGUES witt,CITIES Annual Conference Resolutions Packet 2014 Annual Conference Resolutions 116th Annual Conference Los Angeles September 3 - 5, 2014 3 INFORMATION AND PROCEDURES RESOLUTIONS CONTAINED IN THIS PACKET: The League bylaws provide that resolutions shall be referred by the president to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be considered by the General Resolutions Committee at the Annual Conference. This year, one resolution has been introduced for consideration by the Annual Conference and referred to the League policy committees. POLICY COMMITTEES: Two policy committees will meet at the Annual Conference to consider and take action on the resolution referred to them. The committees are Environmental Quality and Public Safety. These committees will meet on Wednesday, September 3, 2014, at the JW Marriott Hotel in Los Angeles. The sponsor of the resolution has been notified of the time and location of the meetings. GENERAL RESOLUTIONS COMMITTEE: This committee will meet at 1:00 p.m. on Thursday, September 4, at the Los Angeles Convention Center, to consider the reports of the two policy committees regarding the resolution. This committee includes one representative from each of the League's regional divisions, functional departments and standing policy committees, as well as other individuals appointed by the League president. Please check in at the registration desk for room location. ANNUAL LUNCHEONBUSINESS MEETING/GENERAL ASSEMBLY: This meeting will be held at 12:00 p.m. on Friday, September 5, at the Los Angeles Convention Center. PETITIONED RESOLUTIONS: For those issues that develop after the normal 60-day deadline, a resolution may be introduced at the Annual Conference with a petition signed by designated voting delegates of 10 percent of all member cities (47 valid signatures required) and presented to the Voting Delegates Desk at least 24 hours prior to the time set for convening the Annual Business Session of the General Assembly. This year, that deadline is 12:00 p.m., Thursday, September 4. If the petitioned resolution is substantially similar in substance to a resolution already under consideration, the petitioned resolution may be disqualified by the General Resolutions Committee. Resolutions can be viewed on the League's Web site: www.cacities.org/resolutions. Any questions conceming the resolutions procedures may be directed to Meg Desmond at the League office: mdesmond@cacities.org or (916) 658-8224 GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities is through the League's eight standing policy committees and the board of directors. The process allows for timely consideration of issues in a changing environment and assures city officials the opportunity to both initiate and influence policy decisions. Annual conference resolutions constitute an additional way to develop League policy. Resolutions should adhere to the following criteria. Guidelines for Annual Conference Resolutions 1. Only issues that have a direct bearing on municipal affairs should be considered or adopted at the Annual Conference. 2. The issue is not of a purely local or regional concern. 3. The recommended policy should not simply restate existing League policy. 4. The resolution should be directed at achieving one of the following objectives: (a) Focus public or media attention on an issue of major importance to cities. (b) Establish a new direction for League policy by establishing general principals around which more detailed policies may be developed by policy committees and the board of directors. (c) Consider important issues not adequately addressed by the policy committees and board of directors. (d) Amend the League bylaws (requires 2/3 vote at General Assembly). LOCATION OF MEETINGS Policy Committee Meetings Wednesday, September 3, 2014 JW Marriott Los Angeles Hotel 900 West Olympic Boulevard, Los Angeles Environmental Quality: 9:00 a.m. — 10:30 a.m. Public Safety: 10:30 a.m. — 12:00 p.m. General Resolutions Committee Thursday, September 4, 2014, 1:00 p.m. Los Angeles Convention Center 1201 South Figueroa Street, Los Angeles Annual Business Meeting and General Assembly Luncheon Friday, September 5, 2013, 12:00 p.m. Los Angeles Convention Center 1201 South Figueroa Street, Los Angeles KEY TO ACTIONS TAKEN ON RESOLUTIONS Resolutions have been grouped by policy committees to which they have been assigned. Number Key Word Index Reviewing Body Action 1 2 3 1 - Policy Committee Recommendation to General Resolutions Committee 2 - General Resolutions Committee 3 - General Assembly ENVIRONMENTAL QUALITY POLICY COMMITTEE 2 3 1 Illegal Marijuana Grow Site I PUBLIC SAFETY POLICY COMMITTEE 1 2 3 1 Illegal Marijuana Grow Site Information pertaining to the Annual Conference Resolutions will also be posted on each committee's page on the League website: www.cacities.org. The entire Resolutions Packet will be posted at: www.cacities.org/resolutions. KEY TO ACTIONS TAKEN ON RESOLUTIONS (Continued) Resolutions have been grouped by policy committees to which they have been assigned. KEY TO REVIEWING BODIES 1. Policy Committee 2. General Resolutions Committee 3. General Assembly ACTION FOOTNOTES * Subject matter covered in another resolution ** Existing League policy *** Local authority presently exists KEY TO ACTIONS TAKEN A Approve D Disapprove N No Action R Refer to appropriate policy committee for study a Amend+ Aa Approve as amended+ Aaa Approve with additional amendment(s)+ Ra Refer as amended to appropriate policy committee for study+ Raa Additional amendments and refer+ Da Amend (for clarity or brevity) and Disapprove+ Na Amend (for clarity or brevity) and take No Action+ W Withdrawn by Sponsor Procedural Note: Resolutions that are approved by the General Resolutions Committee, as well as all qualified petitioned resolutions, are reported to the floor of the General Assembly. In addition, League policy provides the following procedure for resolutions approved by League policy committees but not approved by the General Resolutions Committee: Resolutions initially recommended for approval and adoption by all the League policy committees to which the resolution is assigned, but subsequently recommended for disapproval, referral or no action by the General Resolutions Committee, shall then be placed on a consent agenda for consideration by the General Assembly. The consent agenda shall include a brief description of the basis for the recommendations by both the policy committee(s) and General Resolutions Committee, as well as the recommended action by each. Any voting delegate may make a motion to pull a resolution from the consent agenda in order to request the opportunity to fully debate the resolution. If, upon a majority vote of the General Assembly, the request for debate is approved, the General Assembly shall have the opportunity to debate and subsequently vote on the resolution. 2014 ANNUAL CONFERENCE RESOLUTIONS RESOLUTION REFERRED TO ENVIRONMENTAL OUALITY AND PUBLIC SAFETY POLICY COMMITTEES 1. A RESOLUTION CALLING UPON THE GOVERNOR AND THE LEGISLATURE TO CONVENE A SUMMIT TO ADDRESS THE DEVASTATING ENVIRONMENTAL IMPACTS OF ILLEGAL MARIJUANA GROWS ON BOTH PRIVATE AND PUBLIC LANDS THROUGHOUT CALIFORNIA AND THE INCREASING PROBLEMS TO PUBLIC SAFETY RELATED TO THESE ACTIVITIES BY WORKING IN PARTNERSHIP WITH THE LEAGUE OF CALIFORNIA CITIES TO DEVELOP RESPONSIVE SOLUTIONS AND TO SECURE ADEQUATE FUNDING FOR COST-EFFECTIVE IMPLEMENTATION STRATEGIES. Source: Redwood Empire Division Concurrence of five or more cities/city officials: Cities of Arcata; Blue Lake; Clearlake; Cloverdale; Crescent City; Eureka; Fort Bragg; Healdsburg; Lakeport; Trinidad; and Ukiah Referred to: Environmental Quality and Public Safety Policy Committees Recommendation to General Resolutions Committee: WHEREAS, public concerns in response to widespread damage to fish and wildlife resources and degradation to California's environment, and threats to public safety resulting from illegal marijuana cultivation statewide requires urgent action by the Governor and the Legislature, and WHEREAS, local governments and the public support the State's primary objectives in complying with environmental laws including the Clean Water Act, Porter -Cologne Water Quality Control Act, and Endangered Species Act and are supported by substantial public investments at all levels of government to maintain a healthy and sustainable environment for future citizens of California, and WHEREAS, illegal marijuana cultivation activities include habitat destruction and fragmentation, poaching wildlife, illegal water diversions, unregulated use of fertilizers, pesticides, insecticides, rodenticides, soil amendments contaminating land and waters without regard for the cumulative impacts to the environment or public health, and WHEREAS, changing global climate conditions are posing escalated threats in California to health, well-being, nature and property; as evidenced by critical water shortages across the state due to prolonged drought conditions, and WHEREAS, illegal water diversion for the purpose of cultivating marijuana plantations poses a direct threat to California's endangered and threatened anadromous fish species, including coho salmon, Chinook salmon, steelhead trout and other aquatic species, especially at critical life phases during seasonally low flow conditions; and WHEREAS, California is a leader in the global effort to fight climate change and is pursuing a broad, integrated strategy to reduce greenhouse gas emissions and conserve energy, yet in a recent Lawrence Livermore Lab study estimated that upwards of 10% of electricity usage statewide can be attributed to indoor marijuana cultivation; these sites are often the causation of fires and home invasion incidents due to criminal activity, and WHEREAS, the presence of illegal marijuana growing sites on State and federal public lands is creating unsafe conditions for visitors; these lands are taxpayer supported and intended to be managed for recreation, resource conservation and the enjoyment by the public, and WHEREAS, increasing violence and threats to public safety related to illegal marijuana grows is contributing to a sense of lawlessness and impacting nearby communities where criminal activities are expanding, and WHEREAS, the issue of illegal marijuana grows has reached a crisis level across the state as evidenced by the murder of former League Board member, Fort Bragg Councilmember and veteran forester Jere Melo who was fatally shot down while investigating a report of a marijuana grow on private timberlands in northern California. RESOLVED, at the League General Assembly, assembled at the League Annual Conference on September 5, 2014 in Los Angeles, that the League calls for the Governor and the Legislature to work with the League and other stakeholders to convene a summit to address the devastating environmental impacts of illegal marijuana grows on both private and public lands and the increasing problems to public safety related to these activities. FURTHER RESOLVED, that the League will work with its member cities to educate State and federal officials regarding emerging concerns from their communities and citizenry and to the challenges facing local governments. Therefore, we request the Governor and the Legislature to work with the League to provide responsive solutions with adequate funding support and effective State and federal government leadership to address widespread environmental damage and associated threats to public safety impacting every region in the State of California. ////////// Background Information on Resolution No. 1 Source: Redwood Empire Division Background: When California voters approved Proposition 215 in 1996 there was little thought given to a wide range of problems which have emerged in association with the increased availability and demand for marijuana. Cities within the Redwood Empire Division have grappled with the impacts of illicit marijuana grow sites for decades. Yet in recent years the environmental degradation from marijuana growing operations and public safety threats has grown exponentially. In 2011, Fort Bragg City Council Member Jere Melo was fatally shot while investigating illegal marijuana cultivation on private timber lands in Mendocino County. Illegal marijuana cultivation activities are causing extreme environmental degradation including habitat destruction and fragmentation, illegal water diversions, killing and poisoning wildlife, unregulated use of fertilizers, pesticides, rodenticides contaminating land and polluting waters without regard for the cumulative impacts to the environment and the public's health and safety. It is expensive to remediate this environmental destruction that often destroys significant, federal, state, local, tribal and private investments in restoring or protecting the surrounding landscape. Public concern for widespread, landscape -level environmental damage resulting from unregulated growing operations and escalating violent crimes associated with the marijuana industry has reached a tipping point across the state. The Redwood Empire Division joins with other cities throughout the state in a call for action to reverse these trends. /0 Current Problem Facing California's Cities: Cities throughout Califomia state have struggled with regulating medical marijuana dispensaries and grow houses along with the associated community impacts of those facilities and land use activities. Many unforeseen environmental impacts and public safety concerns are now emerging as a consequence of increased production and demand for marijuana. Critical water shortages across the state due to prolonged drought conditions have resulted in the Governor declaring a Drought State of Emergency. Illegal water diversions for the purposes of cultivating marijuana plantations are increasing throughout the state. These activities impact agricultural production and domestic water use. The cumulative impacts to watershed health are considerable and pose direct threats to California's salmon, trout and other sensitive aquatic species, especially at critical life stages during seasonally low flow conditions. In addition, under drought conditions, the risk of fire is elevated. The presence of marijuana grow sites in fire prone areas contributes to potential wildfire risks at the Wildland/Urban Interface. The presence of illegal marijuana growing sites on state and federal public lands creates unsafe conditions for visitors: These lands are managed with taxpayer support and are intended to be for enjoyment by the public, recreation and conservation. However, the increasing level of violence and threats to public safety related to illegal marijuana grows on both private and public lands are contributing to a sense of lawlessness and impacting nearby communities where criminal activities are expanding. The lack of oversight of marijuana cultivation operations to ensure compliance with existing state and federal environmental regulations is impacting water quality and quantity statewide. The current legal and regulatory framework is inadequate to address numerous environmental issues, as well as public health and safety. Redwood Empire Division Resolution: The Division's resolution seeks to address the devastating environmental impacts of illegal marijuana grows on both private and public lands throughout California and the rising threat to public safety relating to these illegal sites. The resolution will provide the League with the direction to call upon the Governor and State Legislature to convene a summit to develop responsive solutions, and secure adequate funding for implementation strategies. The issues surrounding marijuana production and distribution are complex and require a comprehensive statewide approach. California cities need to have a strong voice in this process. The mission of the League of California Cities is to enhance the quality of life for all Californians and we believe that our strength lies in the unity of our diverse communities on issues of mutual concern. ////////// League of California Cities Staff Analysis on Resolution No. 1 Staff: Tim Cromartie (916) 658-8252 Committee: Public Safety Policy Committee Summary: This Resolution seeks to highlight the environmental and public safety issues triggered by illegal marijuana cultivation, and calls upon the League, the Governor and the Legislature to take action by convening a summit to address the environmental impacts of such cultivation sites. It also calls upon the State of California to provide solutions in response, including sufficient funding to decisively address the problem. Background: The sponsor of this resolution argues that when California voters approved Proposition 215 in 1996, little thought was given to a wide range of problems which have emerged in association with the increased availability and demand for marijuana. Cities within the Redwood Empire Division have grappled with the impacts of illicit marijuana cultivation sites for decades. Yet in recent years the environmental degradation from marijuana growing operations and public safety threats has grown exponentially. In 2011, Fort Bragg City Council Member Jere Melo was fatally shot while investigating illegal marijuana cultivation on private timber lands in Mendocino County. Illegal marijuana cultivation activities are causing extreme environmental degradation including habitat destruction and fragmentation, illegal water diversions, killing and poisoning wildlife, unregulated use of fertilizers, pesticides, rodenticides contaminating land and polluting waters without regard for the cumulative impacts to the environment and the public's health and safety. It is expensive to remediate this environmental destruction which often destroys significant, federal, state, local, tribal and private investments in restoring or protecting the surrounding landscape. Critical water shortages across the state due to prolonged drought conditions have resulted in the Govemor declaring a Drought State of Emergency. Illegal water diversions for the purposes of cultivating marijuana plantations are increasing throughout the state. These activities impact agricultural production and domestic water use. The cumulative impacts to watershed health are considerable and pose direct threats to California's salmon, trout and other sensitive aquatic species, especially at critical life stages during seasonally low flow conditions. In addition, under drought conditions, the risk of fire is elevated. The presence of marijuana grow sites in fire prone areas contributes to potential wildfire risks at the Wildland/Urban Interface. The lack of oversight of marijuana cultivation operations to ensure compliance with existing state and federal environmental regulations is impacting water quality and quantity statewide. The current legal and regulatory framework is inadequate to address numerous environmental issues, as well as public health and safety. Public concern for widespread environmental damage resulting from unregulated growing operations and escalating violent crimes associated with the marijuana industry has reached a tipping point across the state. The Redwood Empire Division joins with other cities throughout the state in a call for action to reverse these trends. Note: The League of Cities has joined with the California Police Chiefs Association to co-sponsor legislation, SB 1262 (Correa), to establish a regulatory scheme for medical marijuana that protects local control, addresses the public safety concerns triggered by marijuana regulation, and imposes health and safety standards on marijuana for the first time. However, the measure does not address environmental issues, due to the expense and complexity associated with adding that objective to a bill that already has far-reaching regulatory goals combined with a critical need to contain state costs. Fiscal Impact: If the policy advocated by the Resolution is implemented by the state, there will be ongoing and unspecified costs to the State General Fund for enforcement activities, primarily in the rural counties where many of the illicit marijuana cultivation sites are located. Conservatively, the annual costs could run in the hundreds of thousands to low millions to patrol likely grow sites, crack down on illegal water diversion activities, and provide consistent environmental clean-up made necessary by illegal rodenticides and pesticides. Comment: To assure success, counties will have to be actively involved in any policy change geared toward rigorous and consistent enforcement against illegal marijuana grows, given the fact that many of the cultivation sites are located in rural areas under the direct authority of county governments. This will require a dialogue with counties, during which the question of local political will to enforce the law, in addition to securing the necessary funding, will arise. If counties should opt not to play an active part in an aggressive enforcement strategy, the chances of success are questionable. Existing League Policy: Related to this Resolution; existing policy provides: • The League opposes the legalization of marijuana cultivation and use for non -medicinal purposes. • Reaffirming that local control is paramount, the League holds that cities should have the authority to regulate medical marijuana dispensaries, cooperatives, collectives or other distribution points if the regulation relates to location, operation or establishment to best suit the needs of the community. • The League affirms that revenue or other financial benefits from creating a statewide tax structure on medical marijuana should be considered only after the public safety and health ramifications are fully evaluated. 13 LETTERS OF CONCURRENCE Resolution No. 1 Illegal Marijuana Grow Site 1 J/ City Manager (707) 822 5953 Environmental Services 822.8184 Community !Development Finance 822.5955 822.5951 736 F Street Arcata, CA 95521 July 2,2014 Jose Cisneros, President League of California Cities 1400 K Street, Suite 400 Sacramento, CA 95814 Police Recreation 822.242E 822.7091 Public Works Transportation 822.5957 822.3775 RE: Environmental and Public Safety Impacts of illegal Marijuana Grows Resolution Dear President Cisneros: The Arcata City Council supports the Redwood Empire Division's effort to submit a resolution for consideration by the General Assembly at the League's 2014 Annual Conference in Los Angeles, The Division's resolution seeks to address the devastating environmental impacts of illegal marijuana grows on both private and public lands throughout California, and the increasing threat to public safety relating to these illegal sites, The resolution will provide the League with the direction to call upon the Governor and State Legislature to convene a summit to develop responsive solutions and to secure adequate funding for implementation strategies. ALL of the rural areas adjacent to the City of Arcata and throughout Humboldt County have been greatly affected by the devastating environmental impacts of illegal marijuana grows! As members of the League, our city values the policy development process provided to the General Assembly. We appreciate your time on this issue. Please feel free to contact me at any time at mwheetley@cityofarcata.org if you have any questions. Sincerely, Mark E. Wheetley, Mayor cc: Kathryn Murray, President, Redwood Empire Division, c/o Sara Rounds, Regional Public Affairs Manager, LOCC Redwood Empire Division, via email srounds@cacities.org cacities.org CITY OF BLUE LAKE Post Office Box 458, 111 Greenwood Road, Blue Lake, CA 95525 Phone 707.668.5655 Fax 707.668.5916 June 30, 2014 Jose Cisneros, President League of California Cities 1400 K Street, Suite 400 Sacramento, CA 95814 RE: Environmental and Public Safety Impacts of Illegal Marijuana Grows Resolution Dear President Cisneros: The City of Blue Lake supports the Redwood Empire Division's effort to submit a resolution for consideration by the General Assembly at the League's 2014 Annual Conference in Los Angeles. The Division's resolution seeks to address the devastating environmental impacts of illegal marijuana grows on both private and public lands throughout California and the increasing threat to public safety relating to these illegal sites. The resolution will provide the League with the direction to call upon the Governor and State Legislature to convene a summit to develop responsive solutions and to secure adequate funding for implementation strategies. As members of the League, our city values the policy development process provided to the General Assembly. We appreciate your time on this issue. Please feel free to contact Lana Manzanita, Mayor Pro -Tern at 707-497-8159 or ioe2zitherl@gmail.com, if you have any questions. Sincere] i Lana Manzanita OO Mayor Pro-Tem City of Blue Lake cc: Kathryn Murray, President, Redwood Empire Division c/o Sara Rounds, Regional Public Affairs Manager, LOCC Redwood Empire Division, sroundsaa cacities.org iCo City of Clearlake 14050 Olympic Drive, Clearlake, California 95422 (707) 994-8201 Fax (707) 995-2653 July 2, 2014 Jose Cisneros, President League of California Cities 1400 K Street, Suite 400 Sacramento, CA 95814 RE: Environmental and Public Safety Impacts of Illegal Marijuana Grows Resolution Dear President Cisneros: The City of Clearlake supports the Redwood Empire Division's effortto submit a resolution for consideration by the General Assembly at the League's 2014 Annual Conference in Los Angeles. The Division's resolution seeks to address the devastating environmental impacts of illegal marijuana grows on both private and public lands throughout California and the increasing threat to public safety relating to these illegal sites. The resolution will provide the League with the direction to call upon the Governor and State Legislature to convene a summit to develop responsive solutions and to secure adequate funding for implementation strategies. The City of Clearlake is experiencing significant issues with illegal grows in the city limits. Individuals are squatting on lands not belonging to them and planting large grows. Grows are being planted near and along creeks going through the city with unknown substances potentially leeching into the waterways. Others are renting properties and clear cutting them of oak and other trees for plant sites often without the knowledge of the property owner. Homeowners tell of not being able to enjoy their own properties with grow sites next to them creating untenable odors, spewing of foul language and concern of threats to their personal safety if they complain. We hear often the concern of increased crime due to the grows in the city. As a member of the League, our city values the policy development process provided to the General Assembly. We appreciate your time on this issue. Please feel free to contact Joan Phillipe at 707-994-8201. x120 or city.administrator@clearlake.ca.us, if you have any questions. Sincerely, JoaYL. Phillipe City Manager cc: Kathryn Murray, President, Redwood Empire Division c/o Sara Rounds, Regional Public Affairs Manager, LOCC Redwood Empire Division, srounds a..cacities,org µsr reµ CITY OF CLOVERDALE June 25, 2014 Jose Cisneros, President League of California Cities 1400 K Street, Suite 400 Sacramento, CA 95814 RE: Environmental and Public Safety Impacts of Illegal Marijuana Grows Resolution Dear President Cisneros: The City of Cloverdale supports the Redwood Empire Division's effort to submit a resolution for consideration by the General Assembly at the League's 2014 Annual Conference in Los Angeles. The Division's resolution seeks to address the devastating environmental impacts of illegal marijuana grows on both private and public lands throughout California and the increasing threat to public safety relating to these illegal sites. The resolution will provide the League with the direction to call upon the Governor and State Legislature to convene a summit to develop responsive solutions and to secure adequate funding for implementation strategies. Throughout the Redwood Empire region including the City of Cloverdale, illegal marijuana grows negatively impact our environmental health and public safety. Last year, the Cloverdale Police Department eradicated over 300 plants within our City Limits. Please note that Cloverdale is a total of 2.5 square miles. These plants use scarce water resources during a water shortage emergency caused by the current drought and contribute to lawlessness that threats the public safety of our citizens. On a personal level, the City of Cloverdale continues to be heartsick for the loss of City of Fort Bragg Council Member JereMelo. Jere was murdered as a result of investigating an illegal marijuana grow. Jere was an exceptional leader in our region, the League of California Cities and the State of California. The City of Cloverdale misses him greatly. As members of the League, our city values the policy development process provided to the General Assembly. We appreciate your time on this issue. Please feel free to contact Cloverdale City Manager Paul Cayler at 707-894-1710, if you have any questions. Sincerely, Carol Russell Mayor City of Cloverdale cc: Kathryn Murray, President, Redwood Empire Division c/o Sara Rounds, Regional Public Affairs Manager, LOCC Redwood Empire Division, srounds'a cacities.onz i? Ivor Kick # eq /{aq-or fro rem ton Ggeioteaa Council Member Richard Enen *Council Member Kelly Schellong " Council Member Kathryn Murray City Clerk Rabin Patch * City Attorney Robert N. Black City Manager Eugene M. Palazzo _line 23,2014 Jose Cisneros, President League of California Ci.ties 1400 K Street, Suite 400 Sacramento, CA 95814 RE: Environmental and Public Safety impacts of Illegal Marijuana Grows Resolution Dear President Cisneros: The City of Crescent City supports the Redwood Empire Division's effort to submit a resolution for consideration by the General Assembly at the League's 2014 Annual Conference in Los Angeles. The Division's resolution seeks to address the devastating environmental impacts of illegal marijuana grows on both private and public lands throughout California and the increasing threat to public safety relating to these illegal sites. The resolution will provide the League with the direction to call upon the Governor and State Legislature to convene a summit to develop responsive solutions and to secure adequate funding for implementation strategies. Illegal marijuana grows have a devastating impact on the State and federal public lands surrounding our community. They create unsafe conditions for our visitors. The use of unregulated fertilizers, pesticides, insecticides and rodenticides contaminate the land and ground water. As members of the League, our city values the policy development process provided to the General Assembly, We appreciate your time on this issue. Please feel free to contact Eugene Palazzo, City Manager at 707-464-7453 ex 232 or epal.azzo icrescentcity.org, if you have any questions. Sincerely, Richard Holley Mayor Crescent City cc: Kathryn MulTay, President, Redwood Empire Division clo Sara Rounds, Regional Public Afthirs Manager, LOCC Redwood Empire Division, srounds(i'cacities.org CITY OF EUREKA CITY MANAGER 531 K Street • Eureka, California 95501-1146 • (707) 441-4144 fax (707) 441-4138 June 26, 2014 Jose Cisneros, President League of California Cities 1400 K Street, Suite 400 Sacramento, CA 95814 RE: Environmental and Public Safety Impacts of IIiegali Marijuana Grows Resolution Dear President Cisneros: The City of Eureka supports the Redwood Empire Division's effort to submit a resolution for consideration by the General Assembly at the League's 2014 Annual Conference in Los Angeles. The Division's resolution seeks to address the devastating environmental impacts of illegal marijuana grows on both private and public lands throughout California and the increasing threat to public safety relating to these illegal sites. The resolution will provide the League with the direction to call upon the Governor and State Legislature to convene a summit to develop responsive solutions and to secure adequate funding for implementation strategies. Our city has seen an increase in gang activity and organized crime within the Greater Eureka Area as a result of illegal growing operations. Our law enforcement and community safety have been negatively impacted by these criminal activities. As members of the League, our city values the policy development process provided to the General Assembly. We appreciate your time on this issue. Please feel free to contact City Manager Greg Sparks at 707.441.4140 or gsparks@ci.eureka.ca.gov, if you have any questions. Sincerely, Greg L. City Manger City of Eureka cc: Kathryn Murray, President, Redwood Empire Division c/o Sara Rounds, Regional Public Affairs Manager, LOCC Redwood Empire Division, srounds@cacities.org oib CITY OF FORT BRAGG Incorporated August 5, 1889 416 N. Franklin St. Fort Bragg, CA 95437 Phone: (707) 961-2823 Fax: (707) 961-2802 http://city.fortbragg.com June 23, 2014 Jose Cisneros, President League of California Cities 1400 K Street, Suite 400 Sacramento, CA 95814 RE: Environmental and Public Safety Impacts of Illegal Marijuana Grows Resolution Dear President Cisneros: The City of Fort Bragg supports the Redwood Empire Division's effort to submit a resolution for consideration by the General Assembly at the League's 2014 Annual Conference in Los Angeles. The Division's resolution seeks to address the devastating environmental impacts of illegal marijuana grows on both private and public lands throughout California and the increasing threat to public safety relating to these illegal sites. The resolution will provide the League with the direction to call upon the Governor and State Legislature to convene a summit to develop responsive solutions and to secure adequate funding for implementation strategies. The City of Fort Bragg lost City Councilmember and former Mayor Jere Melo in August 2011 when he walked into an illegal grow site and was shot and killed by the person guarding said site. As members of the League, our city values the policy development process provided to the General Assembly. We appreciate your time on this issue. Please feel free to contact City Manager Linda Ruffing at 707-961-2823 or lruffing@fortbragg.com, if you have any questions. incerely, 7/11, Daveurner Meg Courtney ice Mayor Scott Deitr Councilmember cc: ug a merstrom Cou cilmember Heidi Kraut Councilmember Kathryn Murray, President, Redwood Empire Division c/o Sara Rounds, Regional Public Affairs Manager, LOCC Redwood Empire Division, srounds@cacities.org (A 1 CITY OF IIEALDSBURG ADMINISTRATION 401 Grove Street Healdsburg, CA 95448-4723 Phone: (707) 431-3317 Fax: (707) 431-3321 Visit us at www.ci.healdsburg.ca.us June 30, 2014 Josh Cisneros, President League of California Cities 1400 K Street, Suite 400 Sacramento, CA 95814 RE: Environmental and Public Safety Impacts of Illegal Marijuana Grows Resolution Dear President Cisneros: The City of Healdsburg supports the Redwood Empire Division's effort to submit a resolution for consideration by the General Assembly at the League's 2014 Annual Conference in Los Angeles. The Division's resolution seeks to address the devastating environmental impacts of illegal marijuana grows on both private and public lands throughout California and the increasing threat to public safety relating to these illegal sites. The resolution will provide the League with the direction to call upon the Governor and State Legislature to convene a summit to develop responsive solutions and to secure adequate funding for implementation strategies. As members of the League, our city values the policy development process provided to the General Assembly. We appreciate your time on this issue. Please feel free to contact me either by phone at (707) 431-3317 lor by e- mail at jwood@ci.healdsburg.ca.us if you have any questions. Sincerely James D. Wood Mayor City of Healdsburg cc: Kathryn Murray, President, Redwood Empire Division c/o Sara Rounds, Regional Public Affairs Manager, LOCC Redwood Empire Division, srounds@cacities.org CITY OF LAKEPORT fiver f174yeers afcammnaity pride, prapmssand' sarvice July 1, 2014 Jos€ Cisneros, President League of California Cities 1400 K Street, Suite 400 Sacramento, CA 95814 RE: ENVIRONMENTAL AND PUBLIC SAFETY IMPACTS OF ILLEGAL MARIJUANA GROWS RESOLUTION Dear President Cisneros: The City of Lakeport supports the Redwood Empire Division's effort to submit a resolution for consideration by the General Assembly at the League's 2014 Annual Conference in Los Angeles. The Division's resolution seeks to address the devastating environmental impacts of illegal marijuana grows on both private and public lands throughout California and the increasing threat to public safety relating to these illegal sites. The resolution will provide the League with the direction to call upon the Governor and State Legislature to convene a summit to develop responsive solutions and to secure adequate funding for implementation strategies. As members of the League, our city values the policy development process provided to the General Assembly. We appreciate your time on this issue. Please feel free to contact me at (707) 263-5615, Ext. 12 or by email at kpariet@cityofiakeport.com if you have any questions. Sincerely, L03-1,a Kenneth Parfet, II Mayor cc: Kathryn Murray, President, Redwood Empire Division c/o Sara Rounds, Regional Public Affairs Manager, LOCC Redwood Empire Division, sroundsJcacities.org 225 PARK STREET . LAKEPORT, CALIFORNIA 95453 . TELEPHONE (707) 263-5615 « FAX (707) 263-8584 CITY OF TRINIDAD P.O. Box 390 409 Trinity Street Trinidad, CA 95570 (707) 677-0223 Fax: (707) 677-3759 July 2, 2014 Jose Cisneros, President League of California Cities 1400 K Street, Suite 400 Sacramento, CA 95814 RE: Environmental and Public Safety Impacts of Illegal Marijuana Grows Resolution Dear President Cisneros: The City of Trinidad supports the Redwood Empire Division's effort to submit a resolution for consideration by the General Assembly at the League's 2014 Annual Conference in Los Angeles. The Division's resolution seeks to address the devastating environmental impacts of illegal marijuana grows on both private and public lands throughout California and the increasing threat to public safety relating to these illegal sites. The resolution will provide the League with the direction to call upon the Governor and State Legislature to convene a summit to develop responsive solutions and to secure adequate funding for implementation strategies. As members of the League, our city values the policy development process provided to the General Assembly. We appreciate your time on this issue. Sincerely, 1,11 .,ti Julie Fulkerson Mayor Cc: Sara Rounds, Regional Public Affairs Manager, LOCC Redwood Empire Division June 30, 2014 Jost Cisneros, President League of California Cities 1400 K Street, Suite 400 Sacramento, CA 95814 RE: Environmental and Public Safety Impacts of Illegal Marijuana Grows Resolution Dear President Cisneros: The City of Ukiah supports the Redwood Empire Division's effort to submit a resolution for consideration by the General Assembly at the League's 2014 Annual Conference in Los Angeles. The Division's resolution seeks to address the devastating environmental impacts of illegal marijuana grows on both private and public lands throughout California and the increasing threat to public safety relating to these illegal sites. The resolution will provide the League with the direction to call upon the Governor and State Legislature to convene a summit to develop responsive solutions and to secure adequate funding for implementation strategies. As members of the League, our city values the policy development process provided to the General Assembly. We appreciate your time on this issue. Please feel free to contact Jane Chambers, City Manager, at 7407-463-6210 orjchambers{c�citvofukiah.com, if you have any questions. Sincerely, Philip L� fBaidwin Mary ' n Landis Mayor Vice Mayor Douglas F. Crane Councilmember Benj Thomas Councilmember Steve Scalmanini Councilmember �7v Cc: Kathryn Murray, President, Redwood Empire Division c/o Sara Rounds, Regional Public Affairs Manager, LOCC Redwood Empire Division, srounds@cacities.org 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone 707/463-6200 Fax# 707/463-6204 Web Address: wwa.citycfukiah.com �S CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 5, 2014 AGENDA ITEM NO. a9 ITEM TITLE: Investment Report for the quarter ended March 31, 2014. PREPARED BY: Ronald Gutlay PHONE: 019-336-4346' EXPLANATION: See attached staff report. DEPARTMENT: Finan APPROVED BY: FINANCIAL STATEMENT: APPROVED: Itliat,1 . 6 Finance ACCOUNT NO. APPROVED: MIS See attached staff report. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: ! FINAL ADOPTION:E. STAFF RECOMMENDATION: jAccept and File the Investment Report for the Quarter ended March 31, 2014. BOARD / COMMISSION RECOMMENDATION: I J/A ATTACHMENTS: 1. Staff Report 2. Investment Listings City Council Staff Report June 3, 2014 ITEM Staff Report: Investment Report for the quarter ended March 31, 2014. BACKGROUND The California Government Code (§ 53646(b)) requires that, when the treasurer or the chief fiscal officer of a local agency renders to the legislative body of the agency a quarterly report on the agency's investment portfolio, such report shall include the following information regarding all securities, investments, and moneys held by the local agency: ➢ type of investment; ➢ issuer (bank or institution); ➢ date of maturity; ➢ dollar amount invested; and ➢ current market valuation as of the date of the report. In addition, the Government Code (§ 53646(b)(2)) requires that the report state the City's compliance with its investment policy and include a statement regarding the ability of the local agency to meet its pool's ability to meet its expenditure requirements Code (§ 53646(b)(3)). OVERVIEW OF CITY INVESTMENTS The City's pooled investment portfolio balance as of March 31, 2014 is summarized below and compared to the balance as of March 31, 2013. 3/31/2014 3/31/2013 Book Value 1 $ 57,400,294 $ 49,174,286 Market Value 2 $ 57,180,150 $ 49,052,270 (1) actual cost of investments (2) amount at which the investments could be sold The California Treasurer's Local Agency Investment Fund ("LAIF") and The County of San Diego Pooled Money Fund comprise 60.28% of the City of National City's total investment portfolio (51.52% and 8.76%, respectively). These are liquid investment pools that allow participants to earn market rate returns, while retaining access to funds within 24 to 48 hours of a withdrawal request with no penalty. The remainder of the City's portfolio is composed of investments that may be liquidated at any time. However, these investments likely do not provide Page 2 Staff Report: Investment Report for the quarter ended March 31, 2014. June 3, 2014 the short liquidity (i.e., quick access to funds) of the pooled money funds, and liquidation/withdrawal of these investments is at the risk of loss and/or penalty to the City. Summaries of the City's investment portfolio are illustrated below. INVESTMENT PORTFOLIO SUMMARY BY ISSUER/MANAGER As of March 31, 2014 Issuer/Manager Total Market %of Book Value Market Value YTM Portfolio Local Agency Investment Fund Chandler Asset Management County of San Diego Neighborhood National Bank First Tennessee National Bank Totals for March 2014 1 includes accrued interest 2 calculated on 30/360 basis Chandler Asset Management $20,195,237 29,451,904 $ 29,461,244 2 0.26% 51.52% 20,448,390 20,195,237 0.50% 35.32% 5,000,000 5,011,000 0.42% 8.76% 2,000,000 2,000,000 0.65% 3.50% 500,000 512,669 2.00% 0.90% 57,400,294 57,180,150 0.00 100.00% INVESTMENT PERFORMANCE BY ISSUER/MANAGER Page 3 Staff Report: Investment Report for the quarter ended March 31, 2014. June 3, 2014 Issuer/Manager For the Quarter Ended March 31, 2014 Total Market Valuer 12/31/13 3/31/14 Change Yield (Net) 3 Local Agency Investment Fund Chandler Asset Management County of San Diego Neighborhood National Bank (CDARS First Tennessee National Bank Totals for March 2014 CD) $ 25,941,708 20,160,453 5,014,000 2,000,000 516,620 $ 53,632,781 $ 29,461,244 20,195,237 5,011,000 2,000,000 512,669 $ 57,180,150 $ 3,519,536 2 34,784 (3,000) (3,951) $ 3,547,369 0.29% 0.69% -0.24% 0.65% -3.06% includes accrued interest 2 February 2014 deposit $6,000,000 & withdrew $2,500,000 in March 2014 s Annualized Interest earned paid & transferred into City's account at the close of the quarter COMPLIANCE STATEMENT All of the City's investments are in compliance with the City's investment policy (City Council Policy No. 203) and the California Government Code (§ 53601 et seq). FINANCIAL STATEMENT Realized and unrealized gains/(losses), reflected below, for the period were $52,449. These changes include changes in security market values, gain/(loss) from the sale of assets, accrued interest, and reinvested interest/earnings. Issuer/Manager Gain/(Loss) Chandler Asset Management County of San Diego First Tennessee Bank 1 LAIF Neighborhood National Bank 1 Multi Bank Securities 34,784 (3,000) 3,136 16,675 855 Totals for March 2014 52,449 interest paid to the City is not reinvested Staff certifies that there are sufficient funds to meet the pool's expenditure requirements. RECOMMENDATIONS Accept and file the Investment Report for the quarter ended March 31, 2014. City Council Staff Report June 3, 2014 ITEM Staff Report: Investment Report for the quarter ended March 31, 2014. BACKGROUND The California Government Code (§ 53646(b)) requires that, when the treasurer or the chief fiscal officer of a local agency renders to the legislative body of the agency a quarterly report on the agency's investment portfolio, such report shall include the following information regarding all securities, investments, and moneys held by the local agency: ➢ type of investment; ➢ issuer (bank or institution); ➢ date of maturity; • dollar amount invested; and ➢ current market valuation as of the date of the report. In addition, the Government Code (§ 53646(b)(2)) requires that the report state the City's compliance with its investment policy and include a statement regarding the ability of the local agency to meet its pool's ability to meet its expenditure requirements Code (§ 53646(b)(3)). OVERVIEW OF CITY INVESTMENTS The City's pooled investment portfolio balance as of March 31, 2014 is summarized below and compared to the balance as of March 31, 2013. 3/31/2014 3/31/2013 Book Value 1 $ 57,400,294 $ 49,174,286 Market Value 2 $ 57,180,150 $ 49,052,270 (1) actual cost of investments (2) amount at which the investments could be sold The California Treasurer's Local Agency Investment Fund ("LAIF") and The County of San Diego Pooled Money Fund comprise 60.28% of the City of National City's total investment portfolio (51.52% and 8.76%, respectively). These are liquid investment pools that allow participants to earn market rate returns, while retaining access to funds within 24 to 48 hours of a withdrawal request with no penalty. The remainder of the City's portfolio is composed of investments that may be liquidated at any time. However, these investments likely do not provide Page 2 Staff Report: Investment Report for the quarter ended March 31, 2014. June 3, 2014 the short liquidity (i.e., quick access to funds) of the pooled money funds, and liquidation/withdrawal of these investments is at the risk of loss and/or penalty to the City. Summaries of the City's investment portfolio are illustrated below. INVESTMENT PORTFOLIO SUMMARY BY ISSUER/MANAGER As of March 31, 2014 Issuer/Manager Local Agency Investment Fund Chandler Asset Management County of San Diego Neighborhood National Bank First Tennessee National Bank Totals for March 2014 1 includes accrued interest 2 calculated on 30/360 basis Total Market %of Book Value Market Value' YTM Portfolio 29,451,904 $ 29,461,244 2 0.26% 51.52% 20,448,390 20,195,237 0.50% 35.32% 5,000,000 5,011,000 0.42% 8.76% 2,000,000 2,000,000 0.65% 3.50% 500,000 512,669 2.00% 0.90% 57,400,294 57,180,150 0.00 100.00% INVESTMENT PERFORMANCE BY ISSUER/MANAGER Page 3 Staff Report: Investment Report for the quarter ended March 31, 2014. June 3, 2014 Issuer/Manager For the Quarter Ended March 31, 2014 Total Market Valuer 12/31/13 3/31/14 Change Yield (Net) 3 Local Agency Investment Fund Chandler Asset Management County of San Diego Neighborhood National Bank (CDARS CD) First Tennessee National Bank Totals for March 2014 $ 25,941,708 $ 29,461,244 $ 3,519,536 z 20,160,453 20,195,237 34,784 5,014,000 5,011,000 (3,000) 2,000,000 2,000,000 - 4 516,620 512,669 (3,951), 0.29% 0.69% -0.24% 0.65% -3.06% $ 53,632,781 $ 57,180,150 $ 3,547,369 includes accrued interest 2 February 2014 deposit $6,000,000 & withdrew $2,500,000 in March 2014 3 Annualized 4 Interest earned paid & transferred into City's account at the close of the quarter COMPLIANCE STATEMENT All of the City's investments are in compliance with the City's investment policy (City Council Policy No. 203) and the California Government Code (§ 53601 et seq). FINANCIAL STATEMENT Realized and unrealized gains/(losses), reflected below, for the period were $52,449. These changes include changes in security market values, gain/(loss) from the sale of assets, accrued interest, and reinvested interest/earnings. Issuer/Manager Gain/(Loss) Chandler Asset Management 34,784 County of San Diego (3,000) First Tennessee Bank 1 3,136 LAIF 16,675 Neighborhood National Bank 1 855 Multi Bank Securities Totals for March 2014 $ 52,449 ' interest paid to the City is not reinvested Staff certifies that there are sufficient funds to meet the pool's expenditure requirements. RECOMMENDATIONS Accept and file the Investment Report for the quarter ended March 31, 2014. City of National City Account #10182 Pon.,,io Summary As of 3/31/2014 PORTFOLIO CHARACTERISTICS ACCt7UN SUMMARY Average Duration Average Coupon Average Purchase YTM Average MarketYTM Average S&P/Moody Rating Average Final Maturity Average Life 1.80 1.62 % 0.61 % 0.50 % AA+/Aaa 1.85 yrs 1.79 yrs SECTOR ALLOCATION Money Market Fund FI (0.2 %) u8 Treasury (22.3 %) Market Vales Accrued ialterel4 Total^MaAaet Value tricorns Berried Cont/4WD Par Book Vatus Coat Maitre Beg. Values BrittValues Ss of 2/28/14 se of 3/31/14 20,137,145 20,123,525 84,327 71,712 20,221,472 20,195,237 27,294 27,136 -1,011 19,829,704 19, 870,599 20,441,827 20,448,390 20,441,827 20,448,390 Issuer Federal National Mortgage Assoc Government of United States Federal Home Loan Bank Federal Home Loan Mortgage Corp Federal Fern Credit Bank Federated Govt Obligation Money % Portfolio 22.4 % 22.3 % 21.9 % 20.2 % 13.0 % 0.2 % 100.0 % 'MATURITY DISTRIBUTION CREDIT QUALITY {S&P) 41.e McWrlly (Yrs) AA (99.8 %) AAA (02 %) PERFORMANCE REVIEW Total Rate of Retrrrrr As of 3►31/2014 City of National City 1-3 Yr TreasuryAgency -0.12 % 0.19 % 0.32 % N/A -0.11 % 0.14 % 0.14 % 0.39 % N/A Since 5 Yrs 10 Yrs 2/29/2012 2 29/2012 WA N/A N/A 0.52 % 1.08 % N/A 0.47 % 0.99 % mender Aseel Management- CONFIDENTIAL Pege Execution Tlmec 412120141:22:15 PM City of National City March 31, 2014 COMPLIANCE WITH INVESTMENT POLICY Assets managed by Chandler Asset Management are in full compliance with State law and with the City's investment policy. Category Standard Comment Local Agency Bonds No Limitation; BBB rated equivalent by a NRSRO Complies Treasury Issues No Limitation Complies Agency Issues No Limitation Complies Banker's Acceptances 40% maximum; <180 days maturity; A-1 rated equivalent by at least two NRSROs Complies Commercial Paper 25% maximum; <270 days maturity; A-1 rated equivalent by at least two NRSROs Complies Negotiable Certificates of Deposit 30% maximum; A rated equivalent by at least two NRSROs Complies Medium Term Notes 30% maximum; A rated equivalent by at least two NRSROs Complies Money Market Mutual Funds 20% maximum; rated AAA equivalent by at least two NRSROs Complies Mortgage Pass-throughs, CMOs and Asset Backed Securities 20% maximum; AA -rated issue; A -rated issuer Complies Local Agency Investment Fund - L.A.I.F. Currently not used by investment adviser Complies Prohibited Securities Inverse floaters; Ranges notes, Interest- only strips from mortgaged backed securities; Zero interest accrual securities Complies Issuer Maximum 5% per issuer for all non -government Complies Maximum maturity 5 years Complies GUI of National City Account 010182 Reconciliation Summary As of 3/31/2014 BOOK VALUE RECONCILIATION! Beginning Book Value '$20,441,8it27 Acquisition + Security Purchases $1,082,844.49 + Money Market Fund Purchases $1,012,019.22 + Money Market Contributions 10.00 + Security Contributions $0.00 + Security Transfers $0.00 Total Acquisitions $2,074,863.71 Dial/92122111 - Security Sales $0.00 - Money Market Fund Sales S1,065,112.92 - MMF Withdrawals $1,011.00 - Security VVrthdrawals $0.00 - Security Transfers $0.00 - Other Dispositions $0.00 - Matudtes $970,000.00 -Galls $0.00 - Principal Paydowns $0.00 Total Dispositions $2,036,123.82 Amortization/Accretion . +1- Net Accretion $0.00 $0.00 Galn/Loss on Dispositions +/- Realized Gain/Loss ($32,177.47) ($32,177.47) Ending Book Value 120,448,389.69 CASH TRANSACTION SUMMARY REGINfinialAutrict $84.70314 Acquiskion Cordributions $0.00 Security Sale Proceeds $0.00 Accrued Interest Received $0.00 Interest Received $42,018.75 Dividend Received $0.47 Ptindpal on Maturities $970.000.00 Interest on Maturities $0.00 Calls/Redemption (Principal) $0.00 Interest from Calls/Redemption $0.00 Principal Paydown $0.00 Total Acquisitions $1,012,019.22 Disposition Withdrawals $1,011.00 Secuttty Purchase $1,062,844.49 Accrued interest Paid $2,268.33 Total Dispositions $1,066,123.82 Ending Book Value $30,599.24 Chandler Meat Management - CONFIDENTIAL Page 3 Execution Time: 4/2/2014 122:15 PM City of National City Account*10162 Holdings Report AS of 3/31 /14 CUSP Socunty Oose.*I or Pir VAltI' Purrrmaa Oa1r- Co59 Vnlur 11,1k1 p, Souk 1' 'l[i Br,* Voluw= M't Yr.' MarVr1141, Y6 nt Port. f,ldor) MNtutity ACC1irCd Irt1. 6:11r1%Lo,:s S,.P Okirntion AGENCY' 3137EACB3 FHLMC Note 2.5% Due 4232014 475.000.00 02/21/2012 0.42 % 496,280.53 100.15 496,260.53 0.07 % 475,703.95 5,211.81 2.38 % Aaa 0.06 (20,556.58) AA+ 0.08 3133X7FK5 FHLB Note 5.25% Due &'182014 3137EACD9 FHLMC Note 3% Due 728'2014 31398AZV7 FNMA Note 2.625% Due 1120/2014 313381H24 FHLB Note 0.25% Due 11162015 3137EACH0 FHLMC Note 2.875% Due 2/92015 31331KLE8 FFCB Note 1.6% Due 5/18/2015 3133XWN81 FHLB Note 2.875% Due 6/122015 31398AU34 FNMA Note 2.375% Due 728/2015 3133EADW5 FFCB Note 0.55% Due 8/17/2015 530,000.00 02/21/2012 589,291.10 101.11 535,864.98 2.69 % Aaa 0.22 0.40 % 589,291.10 0.07 % 7,961.04 (53,426.12) AA+ 0.21 • 470,000.00 02242012 498,859.88 100.92 474,318.83 2.38 % Aaa 0.33 0.45 % 498,859.88 0.17 % 2,467.50 (24,541.05) AA+ 0.32 470,000.00 02/21/2012 496,814.22 101.58 477,424.12 2.39 % Aaa 0.64 0.54 % 498,814.22 0.14 % 4,489.48 (19,190.10) AA+ 0.63 625,000.00 08212013 824,343.75 100.09 825,543.75 3.10 % Aaa 0.80 0.32 % 824,343.75 0.14 % 325.52 1,200.03 AA+ 0.79 580,000.00 02/24/2012 598,380.16 102.24 572,542.32 2.85 % Aaa 0.86 0.53 % 598,380.18 0.25 % 2,325.56 (25,837.84) AA+ 0.85 540,000.00 05/182013 554,277.80 101.58 548,512.02 2.73 % Aaa 1.13 0.28 % 554,277.80 0.20 % 3,192.00 (5.785.58) AA+ 1.12 525,000.00 10/152013 547,081.50 103.18 541,87820 2.70 % Aaa 1.20 0.32 % 547,081.50 0.22 % 4,570.05 (5,403.30) AA+ 1.18 470,0130.00 02/24/2012 497,408.17 102.83 483,301.47 2.40 % Aaa 1.33 0.85 % 497,408.17 0.23 % 1,953.44 (14,104.70) AA+ 1.31 425,000.00 04/192012 424,280,50 100.40 428,691.93 2.11 % Aaa 1.38 0.80 % 424,280.50 0.26 % 285.69 2,431.43 AA+ 1.37 3137EACM9 FHLMC Note 1.75% Due 9/10/2015 313370JB5 FHLB Note 1.75% Due 9/112015 31398A4M1 FNMA Note 1.625% Due 10/26/2015 535,000.00 02/24/2012 555,169.50 102.13 546,395.50 2.71 % Aaa 1.45 0.87 % 555,169.50 0.27 % 546.15 (8,774.00) AA+ 1.43 585,000.00 01/11/2013 585,407.80 102.04 578,523.18 2.88 % Aaa 1.45 0.38 % 585,407.80 0.33 % 549.31 (8,884.82) AA+ 1.43 525,000.00 05/062013 541,779.00 102.05 535,749.90 2.67 % Aaa 1.57 0.32 % 541,779.00 0.32 % 3,673.18 (6,029.10) AA+ 1.54 31331J2S1 FFCB Note 375,000.00 02/27/2012 388,490.75 101.97 382,395.75 1.90 % Aaa 1.63 1.5% Due 11/16/2015 0.68 % 386,490.75 0.28 % 2,109.38 (4,095.00) AA+ 1.60 313371NW2 FHLB Note 800,000.00 11/162012 617,928.00 101.55 609,317.40 3.03 % Ma 1.70 1.375% Due 12/11/2015 0.39 % 817,928.00 0.45 % 2,520.83 (8,810.60) AA+ 1.67 3135G0S80 FNMA Note 490,000.00 11282012 488,858.30 100.06 490,285.87 2.43 % Aaa 1.73 0.375% Due 12212015 0.45 % 488,858.30 0.34 % 510.42 1,427.37 AA+ 1.71 3133ECFV1 FFCB Note 515,000.00 02/25/2013 514,902.15 100.18 515,804.95 2_58 % Aaa 1.83 0.43% Due 1292018 0.44 % 514,902.15 0.34 % 381.39 902.80 AA+ 1.82 3133EAJU3 FFCB Note 340,000.00 03/112013 348,079.20 101.27 344,325.82 1.71 % Ma 1.99 1.05% Due 3/282016 0.48 % 346,079.20 0.41 % 29.75 (1,753.38) AA+ 1.97 3135GOBA0 FNMA Note 375,000.00 02242012 397,963.13 103.78 389,189.25 1.95 % Aaa 2.03 2.375% Due 4/112018 0.86 % 397,993.13 0.50 % 4,205.73 (8,803.88) AA+ 1.97 3137EACT4 FHLMC Note 2.5% Due 5/272018 375,000.00 03202012 395,804.63 1.14 % 395,804.83 104.24 390,887.25 1.95 % Aaa 2.16 0.62 % 3,229.17 (4,917.38) AA+ 2.09 ChendlerAeeet Management - CONFIDENTIAL Page 4 Execution Tim 4/2120141:22:115 PM CA City of National City Account 010162 Holdings Report As of 3/31/14 CUSiP Secorry [3r5criphan AGEN6Y V ,alue�U❑�+.w Pia,' ha.. . Care P yak Yield Cc t Vnfti,9 Bonk V:ede MgrPir,- I YTA". t.1,irk:''t V.y1,ir Arid IN Pert Mandy M,1.11tirity {�airell. ,)S•. S&P 4vretion 3137EACW7 FHLMC Note 2% Due 8/25/2016 575,000.00 01/09/2013 0.56 % 604,762.00 103.25 604.762.00 0.63 % 31331V3Z7 FFCB Note 5.2% Due 9/15/2016 593,668.53 2.95 % Aaa 2.41 1,150.00 (11,093.47) AA+ 2,34 365,000.00 06/22/2012 430.134.25 110.93 404,893.04 2.01 % Aaa 2.46 843.58 (25,241.21) AA+ 2.33 0.88 % 430,134.25 0.70 % 3137EADS5 FHLMC Note 0.875% Due 10/14/2016 313371PV2 FHLB Note 1.625% Due 1219/2016 3135G0GY3 FNMA Note 125% Due 1/30/2017 3135G0UY7 FNMA Callable Note 1X 2/27/15 1 % Due 2/27/2017 3137EADCO FHLMC Note 1 % Due 3/8/2017 313379008 FHLB Note 1 % Due 6/212017 3135G0MZ3 FNMA Note 0.875% Due 8282017 3135G0TG8 FNMA Note 0.875% Due 2/8/2018 313378A43 FHLB Note 1.375% Due 3/9/2018 Total Agency 480,000.00 11/14/2013 483,316.80 100.30 481,449.12 2.39 % Aaa 2.54 0.64 % 483,318.80 0.75 % 1,925.00 (1,867.68) AA+ 2.50 480,000.00 02/29/2012 484,688.80 0.97 % 494,688.80 102.14 490,272.48 2.44 % Aaa 2.70 0.82 % 2,428.67 (4,396.32) AA+ 2.82 400,000.00 09/17/2012 409,328.00 101.11 404,439.60 2.01 % Asa 2.84 0.71 % 409,328.00 0.85 % 847.22 (4,888.40) AA+ 2.78 600,000.00 04/28/2013 605,788.00 100.08 600,330.00 2.98 % Aaa 2.92 0.74 % 805,768.00 0.94 % 586.67 (5,436.00) AA+ 2.44 535,000.00 08/20/2012 538,388.55 100.25 536,311.82 2.66 % Aaa 2.94 0.86 % 538,386.55 0.92 % 341.81 (2.074.73) AA+ 2.89 565,000.00 03/142014 588,553.75 99.78 583,642.87 2.80 % Aaa 3.23 0.91 % 568,553.75 1.08 % 1,569.44 (2,910.88) AA+ 3.15 545,000.00 08/15/2013 535,429.80 98.91 539,066.59 2.67 % Aaa 3.41 1.32 % 535,429.80 1.20 % 437.14 3,638.79 AA+ 3.35 590,000.00 12/11/2013 579,757.80 97.89 577,539.20 2.88 % Aaa 3.88 1.31 % 579,757.80 1.44 °% 780.03 (2,218.40) AA+ 3.76 470,000.00 09/17/2013 484,472.80 99.78 468,974.46 2.32 % Aaa 3.84 1.65 % 464,472.80 1.43 X 394.93 4,501.66 AA+ 3.82 15,380,000.00 15,889,764.22 15,60.3,043.95 77.57 X Aaa 1.119 0.66 % 15,869,764.22 0.53 % 61,799.87 (268,720.27) AA+ 1.83 MONEY MARKET FUNb'FI 80934N807 Federated Gout Obflg Fund Inst. Total Money Market Fund Fl 30,599.24 Various 30,599.24 1.00 30,599.24 0.15 % Aaa 0.00 0.01 % 30,599.24 0.01 % 0.00 30,599.4E 0.01 % 30,599.24 30,599.24 0.01 % 30,599.24 0.00 0.00 AAA 0.00 0.15 % Asa 0.00 AAA 0.00 0.00 US TREASURY 912828LK4 US Treasury Note 2.375% Due 8/312014 470,000.00 0224/2012 0.39 % 493,244.54 100.94 493,244.54 0.11 % 474,424.58 970.85 912828MZ0 US Treasury Note 2.5% Due 4/30/2015 420,000.00 02/24/2012 0.49 % 446,812.34 102.52 446,812.34 0.17 % 912828T02 US Treasury Note 0.25% Due 7/15/2015 912828TK8 US Treasury Note 0.25% Due 8/152015 2.35 % (18,819.96) Aaa AA+ 0.42 0.42 430,581.90 2.15 % Aea 4,408.84 (16.030.44) AA+ 1.08 1.06 535,000.00 10/15/2013 534,418.64 100.09 535,480.43 2,65 % Aaa 1.29 0.31 % 534,416.64 0.18 °% 280.80 1,063.79 AA+ 1.29 520,000.00 04292013 520,022.05 100.08 520,428.40 2.58 % Aaa 1.38 0.25 °% 520,022.05 0.19 % 181.60 404.35 AA+ 1.38 Chandler Asset Management - CONFIDENTIAL Page 5 Execution Tine: 4220141'.12..15 PM City of National City AccountX10182 Holdings Report As of 3/31 /14 c11SIP Sr.curity D,?ar:ri ti btt Par V. it Putchaar o,tr. ft*ok Gn t V;I t,o BiNi<. 10.11tr, Mh1 P'IC + P,Ik; Yr41 t"n,1K,1 V;1Fet[ Accrurri itlt Po=t GliniLoss IV ,€,dy S S.p Ml!orliy [1,Jr thDn USTREASURY 912828PE4 US Treasury Note 1.25% Due 10/312015 435,000.00. 02/24/2012 0.59 % 445,434.66 445,434.66 101.55 441,729.02 2.20 % Aaa 1.59 0.27 % 2283.15 (3,705.64) AA+ 1.56 912828UM0 US Treasury Note 0.375% Due 2/152018 500,000.00 11/14/2013 500216.52 100.00 499,980.50 2.48 % Aaa 1.88 0.36 % 500,216.52 0.38 % 233.08 (238.02) AA+ 1.87 912828Q41 US Treasury Note 2.25% Due 3/31/2016 500,000.00 12/14/2012 530,431.36 103.60 518,008.00 2.57 % Aaa 2.00 0.38 % 530.431.36 0.44 % 30.74 (12,423.36) AA+ 1.96 912828RF9 US Treasury Note 1% Due 8/312018 570,000.00 10/1212012 581,357.38 100.88 575,031.96 2.85 % Aaa 2.42 0.48 % 581,357.38 0.83 % 495.65 (8,325.42) AA+ 2.38 912828SY7 US Treasury Note 0.825% Due 5/31/2017 Total US Treasury 500,000.00 03/142014 498,290.74 98.84 494,219.00 2.45 % Aaa 3.17 0.86 % 496,290.74 1.00 % 1,047.39 (2,071.74) AA+ 3.12 4,548,026.23 4,489,881.79 22.28 % Asa 1.72 4,450,000.00 0.45 % 4,548,026.23 0,38 % 9,911.90 (58,144.44) AA+ 1.70 20,448,389.69 20,123,524.98 100.00 % Aaa 1.85 TOTAL PORTFOLIO 19,370,599.24 0.81 % 20,448,389.69 0.50 % 71,711.77 (324,864.71) AA+ 1.80 TOTAL MARKET VALUE PLUS ACCRUED 20,195,236.75 CAandler Asset Management - CONFIDENTIAL Page 0 Execullon Time: 4/2/2014 1:22:15 PM County of San Diego Treasurer Investment Report MONTH ENDING March 31, 2014 COUNTY OF SAN DIEGO TREASURER - TAX COLLECTOR Participant Cash Balances PARTICIPANT San Diego Pooled Money Fund as of March 31, 2014 ($000) FMV FMV FMV % of 01/31/14 02/28/14 03/31/14 Total COUNTY COUNTY - SPECIAL TRUST FUNDS NON -COUNTY INVESTMENT FUNDS SCHOOLS - (K THRU 12) COMMUNITY COLLEGES San Diego Grossmont Mira Costa Palomar Southwestern PARTICIPANT FMV FMV FMV % of 01/31/14 02/28/14 03/31/14 Total $ 794,233 $ 877,943 $1,223,333 16.23% Metropolitan Transit System 1,662,101 1,558,158 1,550,549 20.58% Majestic Pines CSD 294,445 296,813 290,674 3.86% Mission Resource Conservation District 3,217,990 3,012,884 2,974,336 39.47% North County Cemetery District North County Cemetry Perpetual North County Cemetery 500,432 458,250 439,129 5.82% North County Dispatch 121,266 117,504 112,686 1.50% North County Fire 33,638 28,663 22,827 0.30% Otay Water District Investment 117,662 131,309 126,619 1.68% Palomar Resource Conservation District 152,686 153,803 142,206 1.89% Pine Valley FPD Total Community Colleges SDCERA SANCAL MTDB SANDAG CITIES Chula Vista Del Mar Encinitas National City INDEPENDENT AGENCIES Alpine FPD Bonita Sunnyside FPD Borrego Springs FPD Deer Springs FPO Fallbrook Public Utl Public Agency Self Insurance System Julian-Cuyamaca FPD Lake Cuyamaca Rec & Park Lakeside Fire Leucadia Water District Lower Sweetwater FPD 925,684 889,528 843,467 11.19% Pomerado Cern Perpetual Pomerado Cemetery District 4,619 4,621 4,630 Ramona Cemetery District 36,592 34,545 33,110 Ramona Cemetery Perpetual 703 703 703 Rancho Santa Fe FPD 106,964 84,630 68,567 San Diego Housing Commission San Diego Rural Fire San Dieguito River 39,121 39,111 39,154 San Marcos FPD 3,018 3,017 3,020 San Miguel FPD 2 2 2 San Ysidro Sanitation 5,007 5,006 5,011 Santa Fe Irrigation District 1,620 4,652 1,321 7,698 14 447 254 229 7,605 11,314 387 1,121 4,463 1,337 7,794 14 446 266 111 7,180 11,311 394 997 4,530 1,227 7,833 14 4,217 40 410 7,065 11,324 397 SDC Regional Airport Authority, So County OPS Center Spring Valley/Casa de Oro Upper San Luis Rey Reservoir Vallecitos Water District Valley Center FPD Valley Cntr Cemetery Valley Ctr Cern Perpetual Valley Ctr Water District Vista FPD 6,108 0 415 1,050 1,221 1,549 2,966 3,616 21,130 0 459 0 1,636 587 346 12,596 9,954 416 -98 1 6,139 13 4,901 248,532 0 0 17 5,059 4,360 50 228 16,883 2,961 0 415 1,046 1,230 1,553 3,026 3,154 21,124 0 463 0 1,600 609 351 12,172 9,952 0 -23 1 6,463 13 4,899 381,290 0 0 17 5,058 4,168 43 229 17,239 2,115 5,751 5,317 0 416 1,075 1,242 1,564 3,041 2,260 21,148 0 454 0 1,576 602 351 11,661 9,963 28 -145 1 3,989 13 4,905 363,623 0 0 17 5,064 4,158 44 229 16,730 2,117 Total Independent Agencies 584,664 690,030 653,693 8.67% Pooled Money Fund Total $7,479,117 $7,325,357 $7,536,062 100.00% EGO TREASURER - TAX COLLECTOR --'1.311h1PALL_ Investments City of National City Portfolio Management Portfolio Summary March 31, 2014 City of National City Par Market Book % of Days to YTM/C YTM/C Value Value Value Portfolio Tenn Maturity 360 Equiv. 366 Equiv. LAIF 29,451,904.40 - 29,460,375.36 29,451,904.40 98.33 1 1 0,241 0.244 Federal Agency Securities 500,000.00 512,870.00 500,000.00 1.67 1,826 504 1.973 2.000 Investments 29,951,904.40 29,973,245.36 29,951,904.40 100.00% 31 9 0.270 0.273 Total Earnings March 31 Month Ending Current Year Average Daily Balance Effective Rate of Return 8,348.35 33,435,775.37 0.29% Mark Roberts, Director of Finance Reporting period 03/01/2014-03/31/2014 Run Date: 07123/2014 - 15:07 No fiscal year history available Portfolio CNC CC PM (PRF PMt) SymRept 6.412026 Report Ver. 5.00 City of National City Portfolio Management Portfolio Details - Investments March 31, 2014 Average Purchase CUSIP Investment # Issuer Balance Date LAIF 98-37-576 11058 + local Agency Investment Fund Subtotal and Average 30,935,775.37 Par Value 29,451,904.40 Page 2 Stated YTM/C Days to Maturity Market Value Book Value Rate S&P 365 Maturity Date 29,460,375.36 29,451,904.40 0.244 0.244 1 29,451,904.40 29,460,375.36 29,451,904.40 0.244 1 Federal Agency Securities 3136FPA03 11362 Federal Nati. Mortgage Assoc. 08/18/2010 500,000.00 512,870.00 500,000.00 2.000 AAA 2.000 504 08/18/2015 Subtotal and Average 500,000.00 500,000.00 512,870.00 500,000.00 2.000 504 CDARS Subtotal and Average 2,000,000.00 Total and Average 33,435,775.37 Run Date'. 07/23/2014 - 15:07 29,951,904.40 29,973,245.36 29,951,904.40 0.273 9 Portfolio CNC CC PM (PRF_PM2) SymRept 6.41.202b CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 5, 2014 AGENDA ITEM NO. a q a. ITEM TITLE: Temporary Use Permit — Thornton Family Event with Ceremony hosted by Olivewood Learning Center on September 20, 2014 from 10am to 7pm with no waiver of fees.. PREPARED BY: Vianey Rivera PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: N APPROVED BY: d Services Division This is a request from Olivewood Gardens to host the Thornton Family Event with a ceremony at 2525 "N" Avenue on September 20, 2014, from 10 a.m. to 7 p.m. This is a family gathering of approximately 50-60 guests. There will be an afternoon lunch and a civil ceremony on property. All activities will take place in the back yard of the house on property away from view of the neighboring houses. There will be no amplified sound, band, or music. This event is not requiring street closures and street parking is minimally impacted as the organization can accommodate 13 vehicles in an off-street parking lot. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: The City has incurred $237.00 for processing the TUP. Total fees are $237.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. Applicant is going to be in process to apply for a CUP. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: Public Concert _ Fair Festival Community vent _ Parade Demonstration Circu lock Party ft _ Motion Pictturre-, _Grand Opening Other��( �� �11P ,,�j/ �� Event Title: 1 Y \ Q`C -c-\-`O c.. Gi"'t`R\ N, -05IQ � Lv/ CQ'C�.Y /1mi Event Location: fl 1 i VQJ,A±OM� ()`I1-( 6sms ,r , Leaf Y 4 ,r Event Date(s): From _____ )4— to 91?.Gl )1/ Actual Event Hours: '1. /pm to 1: ()hamj�m Total Anticipated Attendance: GO (6o Participants C.'" Spectators) Setup/assembly/construction Date9)24)/ J- Start time: 1 (Y- 60C1n1 Please describe th scope of your setup/assembly work (specific d ils): Lac '4v, ( i-3--rk i ::,e),\ Q it- 1e�S o.-r ' .cS . Dismantle Date: 9/ 7.0 Jl1 Completion Time: (:)' a List any street(s) requiring closure as a result of this event. Include street name(s), day and ime of closing and day and time of reopening. Sponsoring Organization: V11 L G")04AMS CkIN6 L ' Chief Officer of Organization (Name) T-\ Applicant (Name): C --1 ' }S{ 2..\ (+ Address: 2-S !V >� scN\ ) l- Q tut''1 91950 Daytime Phone: (CM) 14'S1-1-'2.(cO Evening Phone: (tll) S`.f Fax: L.) E-Mail: e - 17=.\ 1k/eAX)CMCka c� ccS.0 Contact Person "on site" day of the event:�{'r ��„„ Cellular:C'In- -1-91/ 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?X YES _ NO Are admission, entry, vendor or participant fees required? _ YES YN0 If YES, please explain the purpose and provide amount(s): $ (�) Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ y(f Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. c„\--\ \*1 ( \-4 • A .es w,\\ QrP_�'\�_�ac� �ar ct v ka") v ., e vJ (' \NY�� \ �' 17'� � t2 . 't�.� �c��'DCTC�'� l%�S `�er�Q W .1\\ c1x— cseNk )SZ YES ^ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale _ YESZ NO Does the event involve the sale or use of alcoholic beverages? _ YES .(NO Will items or services be sold at the event? If yes, please describe: YES, -NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES O Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES NO Will the event involve the use of the City or your stage or PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 peoples required, unle4s the applicant can sh.w that there are facilities in the immediate area available to the public during the event) ables # and Chairs # Cot> Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) nBooths, exhibits, displays or enclosures jScaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers I Other related event components not covered above f Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conciusi of the event the area must be returged to a clean condition.) Number of trash cans. Trash containers with lids. '� Describerypur plan for clean-up and removal of waste and garbage during and after the event. ( ` cx, Side cxc fie.�t U.tt� rrrsL Rcies Please describe your procedures for both Crowd Control and Internal Security: (ter,, cis C%r . YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone. _ YE NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Ple se indi at what arrartgement you have made for providing First Aid Staff ng and Equ>pment. Please describe your Accessibility Plan for access at your eyent by ndividuals with disab Ities: Pcbct c‘cr-c4 100t� t��c tcJ--,/, i ��i r sQo ce s Y Y. Please describe your plan for DISABL_ tnk.\r.00„3e_ 2 SIsckN rnw1cA'.--.) s .s ec t'�. 3-5 tr, tack Please provide a detailed description of your PARKING plan: 2 �')1�� �..��1� G,c'r.hrA� �� �i�e.,�rac.�e5�r,��\ �1 �. 1�1-�u1U�2.� 111mhe��S rcaV^SDk.,1%\\ O x o•-. p " ��rc3k% (` /{1v,1 _ 13 vevitc1 -S 1 /r cp CS [ � () c Fr dye V1f 10 * J SN•a�1 (\R. �C� or .1(�YL �YY EJS' 1.� tiv0 D PARKING: J Please describe your plans to notifyall residents, businesses and churche_= im acted by the event-.—Cv-c,.-e.. ,,AA be.. v�e i}&ia) i-C nr . J�''t4ct' ar, r$ c "iSawnCDS NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YEy NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: YES Type of Music: 0 Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YE NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: amPpm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YIZ NO Fireworks, rockets, or other pyrotechncs? If YES, please describe: NO Any signs, banners, decorations, special I ghting? If YES, please describe: Revised 02/29/12 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization �l\ve A GOkCa0 c _ !JAIn�riq�+�'1�� Person in Charge of Activityt l l ) I F trVh- `�Y�7`1PJ21�1S� Address 752,5 „- v'enV� , /3c b ��, CA i/950 Telephone 9 F1 71- Sq Date(s) of Use 7/20 )L( HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend. indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability orfor any personal injury death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Appli•an • rcial Title D ZD \t AXJ For Office Use Only Certificate of insurance Approved Date C�1 i\Ak & -ns`L-e_Doc y-; zszs� Yv Avse.v,vQ-j - A4 DIAGRAM OLIVGAR.01 VPXPRASAD2 AlCORLD CERTIFICATE OF LIABILITY INSURANCE { DATE THIS CERTIFICAT' IS ISSUED A A MATTER OF INFORMATION ONLY AND CON '°ERS 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 DO 5 NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRE..ENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certiflcle holder is an ADDITIONAL INSURED, the polley(Ie ) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and cond'tions 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 uch endorsement:- . PRODUCT R ._ _.... .._ .:".N 'Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. PHMN 505 N Brand Blvd Suite 800 I =- • -0 :81 , .: 9 300 No VIM 539-2301 'Glendale, CA 91203 INOURLio 011vewood Gardens and Looming Center 25 5 'N' Avenue National City, CA 91950 COVERAG C[::R IFICA, NUM-. THI` I'0 C I Y T AT H P<'LI 0 IN RAN LI INDICATE_. NOTWITHS ANDIN ANY Ft- "- IR.M NT, T-<. M OR CON C +%TIFICAT: MAY i + -. -UOR MAY r I'-. it IA/N, THi. IN-♦URANC'- A+ `X LU 1 N AND C ND ''ON 0:- +.' PO' IC ° MAY TYrb. 0` IN' DRAM::: ,` `�::.:: •. NND IN U R,Sy AFFORDING COVERAGE NAIC IN:u A Non, r Insurance Alliance of CA ! IN u R8:New York Marine And General Insurance Co '16608 IN U C IN'U O, IN UR IN-, U. ': ., NERAL LIABILITY 1,000,000 A X COMMERCIAL GEM. RAT UABIUTY [ 2013269R2NP[) oPonMMa oremen.rANit B G. NL A00: LIMIT AP L PE A '(MOBIL. LIA. $UTY ANY AUTO ALL OWN, D AUTO HIRED AUTOS X UMBRELLA LAB EXCESS LIAR ' r:WM'. MAD GED X ,y:.N' 10,000 WORKERS COMPEN-..." i.*•N AND EMPLOYE, 'LITT ' S DULE) OCCUR ANY PR a:- ,ORJP . N R/EXECUTIVE Y f N OFFICER/M N CLUi,.....7 NIA (Mandatory'., N 1(yyee�� • OFSC CLAI .MADE X OCCUR MED EXP (Any one person) S 20,000 PERSONAL a ADV INJURY I S 1,000,000' GENERAL AGGREGATE S 3,000,000 PROOUCTS-COMPIOP AGG S 3,000,000 REVISION NUMBER: W HAV.. N I'- U O HE INSURED NAMED ABOVE FOR THE POLICY PERIOD ION OF ANY CONTRAC OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS I 0 D+'[' BY TH POL CIL -• DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. AV: " Y ' ID CLAIMS > R_i ley I POH.A:Y t.p+ tad `.(YYYY)i (MMID07YYY1'I LIMITS EACH OCCURRENCE S 201326382UMBNPO WC201300002580 IN'. t.4 LIMIT •L e eptlW-T'.: s BODILY INJURY (Per person) S BODILY INJURY (Par accident,: S ,P _RACCIDENT; S EACH OCCURRENCE S 912012013 9f2012014 AGGREGATE $ IS R O ++TOLIMITRY LIMIT$,' � ERR 9/30/2013 9/3012014 E"LEACHAccIDENT 1 1,000,000 E.L. DISEASE - EA EMPLOYE,' S 1,000,000 I EL, DISEASE• POLICY LIMIT I S 1,000,000 500,000 OESCRIPTiON OF OP ..RATION LOCA-ON.:/ VEH1C.-.:(A.., .IACORI I`.1, AUGNIonal ,. .. .,ae ,:Nadu^.: ma, space requ, Evidence of Coverage. Evidence of Coverage SHOULD ANY OF THE A -_ TH: EXPIRAT-ON DA ACCORDANCE WITH TH:. AUTHOR OR PR 8 N'A:NE wr 1988-2010 ACOR ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 5,000,000 5,000,000 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Olivewood Gardens EVENT: Thornton Family Event with ceremony DATE OF EVENT: September 20, 2014 TIME OF EVENT: 10am to 7pm APPROVALS: DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY YES [x] YES [x] YES [x] YES [x] YES [x} YES [x] YES [x] NO [ ] SEE CONDITIONS [ x NO [ ] SEE CONDITIONS [ ] NO [ ] SEE CONDITIONS [ x NO [ ] SEE CONDITIONS [ ] NO [ ] SEE CONDITIONS [ x ] NO [ ] SEE CONDITIONS [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 No comments. PUBLIC WORKS (619)366-4580 No involvement. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager POLICE The Police Department does not have any stipulations for this event. FIRE Fire has no comments or requirements.