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HomeMy WebLinkAboutSMALL, KENNETH - 2002-09-03 REQUEST FOR ACTION MEETING DATE: 1/7/08 DEPARTMENT ID NUMBER:AD 08-02 Strategic Plan Goal: City Services: Provide quality public services with the highest professional standards to meet community expectations and needs, assuring that the city is sufficiently staffed and equipped overall. Attachment(s): _City Clerk's_ Page Number No. Description G:\Emery\RCA-Small salary 1-08.doc _ 12/31/2007 1:25 PM RCA ROUTING SHEET INITIATING DEPARTMENT: Administration SUBJECT: Compensation Amendment with Ken Small COUNCIL MEETING DATE: January 7, 2008 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Attached Contract/Agreement (w/exhibits if applicable) Not Applicable � (Signed in full by the City Attome Attached Li Subleases, Third Party Agreements, etc. Not Applicable (Approved as to form by City Attorney) Li Certificates of Insurance A b the CityAttome Attached � PProved y Y) Not Applicable Attached Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) AttachedNot Applicable Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report If applicable) Attached p ( pp ) Not Applicable s/Conditions for Approval and/or Denial Attached Findin g pp Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial [City Clerk EXPLANATION FOR RETURN OF ITEM: (Below • RCA Author: Emery Lugar, Robin From: Emery, Paul Sent: Monday, December 31, 2007 2:28 PM To: Lugar, Robin Subject: RE: Emailing: Fire Chief Agreement We are not amending the contract, this has been reviewed by the City Attorney and she is good with it. We can discuss if you want. -----Original Message----- From: Lugar, Robin Sent: Monday, December 31, 2007 2:16 PM To: Emery, Paul Cc: Henderson, Sandy Subject: Emailing: Fire Chief Agreement Paul, The RCA that amends Ken Small's employment agreement does not reflect dollar amounts, or does not include a contract amendment approved by the City Attorney as to form. Please take a look at the attached agreement approved by Council on 12-03 for Fire Chief Olson. Should Small's RCA not mirror this one? Please advise. Robin The message is ready to be sent with the following file or link attachments: Fire Chief Agreement Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 Form No. 1056.92(10/17/92) Order Number: O-SA-1703449 ALTA Standard Loan Policy Page Number: 1 Western Regional Exceptions Policy of Title Insurance ISSUED BY First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,FIRST AMERICAN TITLE INSURANCE COMPANY,a California corporation,herein called the Company,insures,as of Date of Policy shown in Schedule A,against loss or damage,not exceeding the Amount of Insurance stated in Schedule A,sustained or incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2 Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land; 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. _ The priority of any lien or encumbrance over the lien of the insured mortgage; 7. Lack of priority of the lien of the insured mortgage over any statutory lien for services,labor or material: (a)arising from an improvement or work related to the land which is contracted for or commenced prior to Date of Policy; or (b)arising from an improvement or work related to the land which is contracted for or commenced subsequent to Date of Policy and which is financed in whole or part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance; 8. Any assessments for street improvements under construction completed at Date of Policy which now have gained or hereafter may gain priority over the insured mortgage;or 9. The invalidity or unenforceability of any assignment of the'insured mortgage,provided the assignment is shown in Schedule A,or the failure of the assignment shown in Schedule A to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs,attorneys'fees and expenses incurred in defense of the title or the lien of the insured mortgage,as insured,but only to the extent provided in the Conditions and Stipulations. FirstAmerican Titlelnsurance Company PR=SIDENIT _ First American Title 7 r Form No. 1056.92(10/17/92) der Number: O-SA-1703449 ALTA Standard Loan Policy Page Number: 2 Western Regional Exceptions SCHEDULE A Loan Number: Small Premium: $360.00 Amount of Insurance: $100,000.00 Policy Number:O-SA-1703449 Date of Policy: December 07, 2004 at 4:23 P.M. 1. Name of Insured: The City of Huntington Beach, a municipal corporation 2. The estate or interest in the land which is encumbered by the insured mortgage is: A fee. 3. Title to the estate or interest in the land is vested in: Kenneth W. Small and Susan C. Small, husband and wife, as joint tenants 4. The insured mortgage and assignments thereof, if any, are described as follows: A deed of trust to secure an indebtedness in the original principal amount of$100,000.00 recorded December 17, 2004 as Document No. 2004001088852 of Official Records. Dated: December 01, 2004 Trustor: Kenneth W. Small and Susan C. Small, husband and wife Trustee: The Redevelopment Agency of the City of Huntington Beach, a public body corporate and politic Beneficiary: The City of Huntington Beach, a municipal corporation First American Title Form No. 1056.92(10/17/92) 41,der Number: O-SA-1703449 t ALTA Standard Loan Policy Page Number: 4 Western Regional Exceptions SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: PART ONE SECTION ONE 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests,'or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. First American. Title Form No. 1056.92(10/17/92) Order Number: O-SA-1703449 ALTA Standard Loan Policy Page Number: 6 Western Regional Exceptions 7. A deed of trust to secure an original indebtedness of $100,000.00 recorded October 8, 2003 as Instrument No. 03-1238197 of Official Records. Dated: October 2, 2003 Trustor: Kenneth W. Small, and Susan C. Small, husband and wife as joint tenants Trustee: Chicago Title Insurance Company Beneficiary: Wells Fargo Bank, N.A. The above deed of trust states that it secures a line of credit. Before the close of escrow, we require evidence satisfactory to us that (a) all checks, credit cards or other means of drawing upon the line of credit have been surrendered to escrow, (b) the borrower has not drawn upon the line of credit since the last transaction reflected in the lender's payoff demand, and (c) the borrower has in writing instructed the beneficiary to terminate the line of credit using such forms and following such procedures as may be required by the beneficiary. First American Title 1� � Form No. 1056.92(10/17/92) • Order Number: O-SA-1703449 ALTA Standard Loan Policy Page Number: 7 Western Regional Exceptions SCHEDULE B PART TWO In addition to the matters set forth in Part One of this Schedule, the title to the estate or interest in the land described or referred to in Schedule A is subject to the following matters, if any be shown, but the Company insures that these matters are subordinate to the lien or charge of the insured mortgage upon the estate or interest: None The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title 1 Form No. 1056.92(10/17/92) • 91der Number: O-SA-1703449 i * ALTA Standard Loan Policy Page Number: 8 Western Regional Exceptions ENDORSEMENT Attached to Policy No. O-SA-1703449 Issued By First American Title Insurance Company The Company hereby insures the owner of the indebtedness secured by the insured mortgage against loss or damage which the insured shall sustain by reason of any of the following matters: 1. The existence of any of the following: (a) Covenants, conditions or restrictions under which the lien of the mortgage referred to in Schedule A can be cut off, subordinated, or otherwise impaired; (b) Present violations on the land of any enforceable covenants, conditions or restrictions; (c) Except as shown in Schedule B, there are no encroachments of buildings, structures or improvements located on the land onto adjoining lands, or any encroachments onto the land of buildings, structures or improvements located on adjoining lands. 2. (a) Any future violations on the land of any covenants, conditions or restrictions occurring prior to acquisition of title to the estate or interest referred to in Schedule A by the insured, provided such violations result in impairment or loss of the lien of the mortgage referred to in Schedule A, or result in impairment or loss of the title to the-estate or interest referred to in Schedule A if the insured shall acquire such title in satisfaction of the indebtedness secured by the insured mortgage; (b) Unmarketability of the title to the estate or interest referred to in Schedule A by reason of any violations on the land, occurring prior to acquisition of title to the estate or interest referred to in Schedule A by the insured, of any covenants, conditions or restrictions. 3. Damage to existing improvements, including lawns, shrubbery or trees (a) Which are located or encroach upon that portion of the land subject to any easement shown in Schedule B, which damage results from the exercise of the right to use or maintain such easement for the purposes for which the same was granted or reserved; (b) Resulting from the exercise of any right to use the surface of the land for the extraction or development of the minerals excepted from the description of the land or shown as a reservation in Schedule B. 4. Any final court order or judgment requiring removal from any land adjoining the land of any encroachment shown in Schedule B. First American Title Form No. 1056.92(10/17/92) der Number: O-SA-1703449 ALTA Standard Loan Policy Page Number: 9 Western Regional Exceptions Wherever in this endorsement any or all the words "covenants, conditions or restrictions" appear, they shall not be deemed to refer to or include the terms, covenants, conditions or restrictions contained in any lease. For purposes of this endorsement, the words "covenants," "conditions or "restrictions" shall not be deemed to refer to or include any covenants, conditions or restrictions relating to environmental protection, except to the extent that a notice of a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy and is not excepted in Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. CLTA Form 100 (Revised 6-14-96) ALTA - Lender First American Title i Form No. 1056.92(10/17/92) • Order Number: O-SA-1703449 ALTA Standard Loan Policy Page Number: 10 Western Regional Exceptions ENDORSEMENT Attached to Policy No. O-SA-1703449 Issued By First American Title Insurance Company The insurance afforded by this endorsement is only effective if the land is used or.is to be used primarily for residential purposes. The Company insures the insured against loss or damage sustained by reason of lack of priority of the lien of the insured mortgage over: (a) any environmental protection lien which, at Date of Policy, is recorded in those records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge, or filed in the records of the clerk of the United States district court for the district in which the land is located, except as set forth in Schedule B; or (b) any environmental protection lien provided for by any state statute in effect at Date of Policy, except environmental protection liens provided for by the following state statutes: NONE This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and.provisions of the policy and any endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. F.A. Form 35 CLTA Form 110.9 (3-13-87) ALTA Form 8.1 (3-27-87) Environmental Protection Lien First American Title Form No. 1056.92(10/17/92) rder Number: O-SA-1703449 ALTA Standard Loan Policy Page Number: 12 Western Regional Exceptions EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason of: 1.(a)Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting, regulating,prohibiting or relating to (i)the occupancy,use,or enjoyment of the land; (ii)the character,dimensions or location of any improvement now or hereafter erected on the land; (iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or (iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims,or other matters: (a)created,suffered,assumed or agreed to by the insured claimant; (b)not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4.Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated. 5.Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6.Any statutory lien for services, labor or materials(or the claim of priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7.Any claim,which arises out of the transaction creating the interest of the mortgage insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on: (i)the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer;or (ii)the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;or (iii)the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a)to timely record the instrument of transfer;or (b)of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1.DEFINITION OF TERMS. The following terms when used in this policy mean: (a)"insured":the insured named in Schedule A.The term"insured"also includes: (i)the owner of the indebtedness secured by the insured mortgage and each successor in ownership of the indebtedness except a successor who is an obligor under the provisions of Section 12(c)of these Conditions and Stipulations(reserving,however,all rights and defenses as to any such successor that the Company would have had against any predecessor insured,unless the successor acquired the indebtedness as a purchaser for value without knowledge of the asserted defect, lien,encumbrance,adverse claim or other matter insured against by this policy as affecting title to the estate or interest in the land); (ii)any governmental agency or governmental instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage,or any part thereof,whether named as an insured herein or not: (iii)the parties designated in Section 2(a)of these Conditions and Stipulations. (b)"insured claimant":an insured claiming loss or damage. (c)"knowledge"or"known":actual knowledge,not constructive knowledge or notice which may be imputed to an insured by reason of any public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d)"land":the land described or referred to in Schedule A,and improvements affixed thereto which by law constitute real property.The term"land" does not include any property beyond the lines of the area specifically described or referred to in Schedule A,nor any right,title,interest,estate or easement in abutting streets,roads,avenues,alleys,lanes,ways or waterways,but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e)"mortgage": mortgage,deed of trust,trust deed,or other security instrument. First American Title Form No. 1056.92(10/17/92) • qder Number: O-SA-1703449 ALTA Standard Loan Policy Page Number: 13 Western Regional Exceptions (f)"public records": records established under state statutes at Date of Polity for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)(iv)of the Exclusions From Coverage, "public records"shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g)"unmarketability of the title": an alleged or apparent matter affecting the title to the land,not excluded or excepted from coverage,which would entitle a purchaser of the estate or interest described in Schedule A or the insured mortgage to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2.CONTINUATION OF INSURANCE. (a)After Acquisition of Title:The coverage of this polity shall continue in force as of Date of Policy in favor of (i)an insured who acquires all or any part of the estate or interest in the land by foreclosure,trustee's sale,conveyance in lieu of foreclosure,or other legal manner which discharges the lien of the insured mortgage; (ii)a transferee of the estate or interest so acquired from an insured corporation,provided the transferee is the parent or wholly-owned subsidiary of the insured corporation,and their corporate successors by operation of law and not by purchase,subject to any rights or defenses the Company may have against any predecessor insureds; and (iii)any governmental agency or governmental instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage. (b)After Conveyance of Title:The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land,or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured,or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of_the estate or interest.This policy shall not continue in force in favor of any purchaser from the insured of either (i)an estate or interest in the land,or (ii)an indebtedness secured by a purchase money mortgage given to an insured. (c)Amount of Insurance:The amount of insurance after the acquisition or after the conveyance shall in neither event exceed the least of: (i)The amount of insurance stated in Schedule A; (ii)The amount of the principal of the indebtedness secured by the insured mortgage as of Date of Policy,interest thereon,expenses of foreclosure, amounts advanced pursuant to the insured mortgage to assure compliance with laws or to protect the lien of the insured mortgage prior to the time of acquisition of the estate or interest in the land and secured thereby and reasonable amounts expended to prevent deterioration of improvements, but reduced by the amount of all payments made; or (iii)The amount paid by any governmental agency or governmental instrumentality,if the agency or instrumentality is the insured claimant,in the acquisition of the estate or interest in satisfaction of its insurance contract or guaranty. 3.NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i)in case of any litigation as set forth in Section 4(a)below, (ii)in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate.or interest or the lien of the insured mortgage,as insured,and which might cause loss or damage for which the Company may be liable by virtue of this policy,or (iii)if title to the estate or interest or the lien of the insured mortgage,as insured,is rejected as unmarketable. If prompt notice shall not be given to the Company,then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided,however,that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4.DEFENSE AND PROSECUTION OF ACTIONS;DUTY OF INSURED CLAIMANT TO COOPERATE. (a)Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations,the Company,at its own cost and without unreasonable delay,shall provide for the defense of such insured in litigation in which any third party asserts a claim adverse to the title or interest as insured but only as to those stated causes of action alleging a defect,lien or encumbrance or other matter insured against by this policy.The Company shall have the right to select counsel of its choice(subject to the right of the insured to object for reasonable cause)to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel.The Company will not pay any fees,costs or expenses incurred by an insured in the defense of those causes of action which allege matters not insured against by this policy. (b)The Company shall have the right,at its own cost,to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage,as insured,or to prevent or reduce loss or damage to an insured.The Company may take any appropriate action under the terms of this policy,whether or not it shall be liable hereunder,and shall not thereby concede liability or waive any provision of this policy.If the Company shall exercise its rights under this paragraph,it shall do so diligently. (c)Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy,the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion,to appeal from any adverse judgment or order. (d)In all cases where_this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding,the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding,and all appeals therein,and permit the Company to use,at its option,the name of the insured for this purpose.Whenever requested by the Company,the insured,at the Company's expense,shall give the Company all reasonable aid (i)in any action or proceeding,securing evidence,obtaining witnesses,prosecuting or defending the action or proceeding,or effecting settlement,and (ii)in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage,as insured.If the Company is prejudiced by the failure of an insured to furnish the required cooperation,the Company's obligations to such insured under the policy shall terminate, including any liability or obligation to defend,prosecute,or continue any litigation,with regard to the matter or matters requiring such cooperation. S.PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company,a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage.The proof of loss or damage shall describe the defect in,or lien or encumbrance on the title,or other matter insured against by this policy which constitutes the basis of loss or damage and shall state,to the extent possible,the basis of calculating the amount of the loss or damage.If the Company is prejudiced by the failure of an insured claimant to provide the required proof of loss or damage,the First American Title -' Form No. 1056.92(10/17/92) Order Number: O-SA-1703449 J ALTA Standard Loan Policy Page Number: 14 Western Regional Exceptions Company's obligations to the insured under the policy shall terminate,including any liability or obligation to defend,prosecute,or continue any litigation,with regard to the matter or matters requiring such proof of loss or damage. In addition,the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination,inspection and copying,at such reasonable times and places as may be designated by any authorized representative of the Company,all records,books, ledgers,checks,correspondence and memoranda,whether bearing a date before or after Date of Policy,which reasonably pertain to the loss or damage. Further,if requested by any authorized representative of the Company,the insured claimant shall grant its permission,in writing,for any authorized representative of the Company to examine,inspect and copy all records,books,ledgers,checks, correspondence and memoranda in the custody or control of a third party,which reasonably pertain to the loss or damage.All information designated as confidential by an insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless,in the reasonable judgment of the Company,it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph,unless prohibited by law or governmental regulation,shall terminate any liability of the Company under this policy as to that claim. 6.OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF LIABILITY. In case of a claim under this policy,the Company shall have the following additional options: (a)To Pay or Tender Payment of the Amount of Insurance or to Purchase the indebtedness. (i)to pay or tender payment of the amount of insurance under this polity together with any costs,attorneys'fees and expenses incurred by the insured claimant,which were authorized by the Company,up to the time of payment or tender of payment and which the Company is obligated to pay;or (ii)to purchase the indebtedness secured by the insured mortgage for the amount owing thereon together with any costs,attorneys'fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of purchase and which the Company is obligated to pay. If the Company offers to purchase the indebtedness as herein provided,the owner of the indebtedness shall transfer,assign,and convey the indebtedness and the insured mortgage,together with any collateral security,to the Company upon payment therefor. Upon the exercise by the Company of the options provided for in paragraphs a(i)or(ii),all liability and obligations to the insured under this policy, other than to make the payment required in those paragraphs,shall terminate, including any liability.or obligation to defend,prosecute or continue any litigation,and the policy shall be surrendered to the Company for cancellation. (b)To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i)to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy,together with any costs,attorneys'fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay;or (ii)to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy,together with any costs,attorneys'fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to Pay Upon the exercise by the Company of either of the options provided for in paragraphs b(i)or(ii),the Company's obligations to the insured under this policy for the claimed loss or damage,other than the payments required to be made,shall terminate,including any liability or obligation to defend, prosecute or continue any litigation. 7.DETERMINATION AND EXTENT OF LIABILITY. This polity is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a)The liability of the Company under this policy shall not exceed the least of: (i)the amount of insurance stated in Schedule A,or, if applicable,the amount of insurance as defined in Section 2(c)of these Conditions and Stipulations; (ii)the amount of the unpaid principal indebtedness secured by the insured mortgage as limited or provided under Section 8 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations,at the time the"loss or damage insured against by this policy occurs, together with interest thereon;or (iii)the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b)In the event the insured has acquired the estate or interest in the manner described in Section 2(a)of these Conditions and Stipulations or has conveyed the title,then the liability of the Company shall continue as set forth in Section 7(a)of these Conditions and Stipulations. (c)The Company will pay only those costs,attorneys'fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. S.LIMITATION OF LIABILITY. (a)If the Company establishes the title,or removes the alleged defect,lien or encumbrance,or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title,or otherwise establishes the lien of the insured mortgage,all as insured,in a reasonably diligent manner by any method,including litigation and the completion of any appeals therefrom,it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b)In the event of litigation,including litigation by the Company or with the Company's consent,the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction,and disposition of all appeals therefrom,adverse to the title or to the lien of the insured mortgage,as insured. (c)The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. (d)The Company shall not be liable for: (i)any indebtedness created subsequent to Date of Policy except for advances made to protect the lien of the insured mortgage and secured thereby and reasonable amounts expended to prevent deterioration of improvements; or (ii)construction loan advances made subsequent to Date of Policy,except construction loan advances made subsequent to Date of Policy for the purpose of financing in whole or in part the construction of an improvement to the land which at Date of Policy were secured by the insured mortgage and which the insured was and continued to be obligated to advance at and after Date of Policy. 9.REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF LIABILITY. First American Title Form No. 1056.92(10/17/92) Order Number: O-SA-1703449 ALTA_Standard Loan Policy Page Number: 15 Western Regional Exceptions (a)All payments under this policy,except payments made for costs,attorneys'fees and expenses,shall reduce the amount of the insurance pro tanto. However,any payments made prior to the acquisition of title to the estate or interest as provided in Section 2(a)of these Conditions and Stipulations shall not reduce pro tanto the amount of the insurance afforded under this policy except to the extent that the payments reduce the amount of the indebtedness secured by the insured mortgage. (b)Payment in part by any person of the principal of the indebtedness,or any other obligation secured by the insured mortgage,or any voluntary partial satisfaction or release of the insured mortgage,to the extent of the payment,satisfaction or release,shall reduce the amount of insurance pro tanto.The amount of insurance may thereafter be increased by accruing interest and advances made to protect the lien of the insured mortgage and secured thereby,with interest thereon,provided in no event shall the amount of insurance be greater than the amount of insurance stated in Schedule A. (c)Payment in full by any person or the voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company except as provided in Section 2(a)of these Conditions and Stipulations. 10.LIABILITY NONCUMULATIVE. If the insured acquires title to the estate or interest in satisfaction of the indebtedness secured by the insured mortgage,or any part thereof,it is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed,assumed or taken subject;or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A,and the amount so paid shall be deemed a payment under this policy. 11.PAYMENT OF LOSS. (a)No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed,in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b)When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations,the loss or damage shall be payable within 30 days thereafter. 12.SUBROGATION UPON PAYMENT OR SETTLEMENT. (a)The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy,all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued.If requested by the Company,the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation.The insured claimant shall permit the Company to sue,compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant the Company shall be subrogated to all rights and remedies of the insured claimant after the insured claimant shall have recovered its principal,interest and costs of collection. (b)The.Insured's Rights and Limitations. Notwithstanding the foregoing,the owner of the indebtedness secured by an insured mortgage,provided the priority of the lien of the insured mortgage or its enforceability is not affected,may release or substitute the personal liability of any debtor or guarantor,or extend or otherwise modify the terms of payment,or release a portion of the estate or interest from the lien of the insured mortgage,or release any collateral security for the indebtedness. When the permitted acts of the insured claimant occur and the insured has knowledge of any claim of title or interest adverse to the title to the estate or interest or the priority or enforceability of the lien of the insured mortgage,as insured,the Company shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount,if any,lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (c)The Company's Rights Against Non-Insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include,without limitation,the rights of the insured to indemnities,guaranties,other policies of insurance or bonds,notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. The Company's right of subrogation shall not be avoided by acquisition of the insured mortgage by an obligor(except an obligor described in Section 1(a)(ii)of these Conditions and Stipulations)who acquires the insured mortgage as a result of an indemnity,guarantee,other policy of insurance,or bond and the obligor will not be an insured under this policy,notwithstanding Section 1(a)(i)of these Conditions and Stipulations. 13.ARBITRATION. Unless prohibited by applicable law,either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association.Arbitrable matters may include,but are not limited to,any controversy or claim between the Company and the insured arising out of or relating to this policy,any service of the Company in connection with its issuance or the breach of a policy provision or other obligation.All arbitrable matters when the Amount of Insurance is$1,000,000 or less shall be arbitrated.at the option of either the Company or the insured.All arbitrable matters when the Amount of Insurance is in excess of$1,000,000 shall be arbitrated only when agreed to by both the Company and the insured.Arbitration pursuant to this polity and under the Rules in effect on the date the demand for arbitration is made or,at the option of the insured,the Rules in effect at Date of Policy shall be binding upon the parties.The award may include attorneys'fees only if the laws of the state in which the land is located permit a court to award attorneys'fees to a prevailing party.Judgment upon the award rendered by the Arbitrator(s)may be entered in any court having jurisdiction thereof. The laws of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14.LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT. (a)This policy together with all endorsements, if any,attached hereto by the Company is the entire polity and contract between the insured and the Company.In interpreting any provision of this policy,this policy shall be construed as a whole. (b)Any claim of loss or damage,whether or not based on negligence,and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby or by any action asserting such claim,shall be restricted to this policy. (c)No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President,a Vice President,the Secretary,an Assistant Secretary,or validating officer or authorized signatory of the Company. First American Title ti Form No. 1056.92(10/17/92) , Order Number: O-SA-1703449, ALTA Standard Loan Polity Page Number: 16 Western Regional Exceptions 15.SEVERABILM. In the event any provision of this policy is held invalid or unenforceable under applicable law,the polity shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 16.NOTICES,WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at 1 First American Way,Santa Ana,California,92707 or to the office which issued this policy. First American Title • COUNTY BOOK PAGE BOOK PAGE COUNTY IROOK PAGE COUNTY BOOK PAGE Alameda 1288 556 Kings 858 713 Placer 1028 379 Sierra 38 187 Alpine 3 130-31 Lake 437 110 Plumas 166 1307 Siskiyou 506 762 Amador 133 438 Lassen 192 367 Riverside 3778 347 Solano 1287 621 Butte 1330 513 Los Angeles T-3878 874 Sacramento 5039 124 Sonoma 2067 427 Calaveras 185 338 Madera 911 136 San Benito 300 405 Stanislaus 1970 56 Colusa 323 391 Maria 1849 122 San Bernardino 6213 768 Sutter 655 585 Contra Costa 4684 1 Mariposa 90 453 San Francisco A-804 596 Tehama 457 183 Del Norte 101 549 Mendocino 667 99 San Joaquin 2855 283 Trinity 108 595 El Dorado 704 635 Merced 1660 753 San Luis Obispo 1311 137 Tulare 2530 108 Fresno 5052 623 Modoc 191 93 San Mateo 4778 175 Tuolumne 177 160 Glenn 469 76 Mono 69 302 Santa Barbara 2065 881 Ventura 2607 237 Humboldt 801 83 Monterey 357 239 Santa Clara 6626 664 Yolo 769 16 Imperial 1189 701 Napa 704 742 Santa Cruz 1638 607 Yuba 398 693 Inyo 165 672 Nevada 363 94 Shasta 800 633 Kern 3756 690 Orange 7182 18 San Diego SERIES 5 Book 1964,Page 149774 shall inure to and bind the parties hereto,with respect to the property above described. Said agreements,terms and provisions contained in said subdivisions A and B (identical in all counties, and printed on pages 3 and 4 hereof) are by the within reference thereto, incorporated herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length herein,and Beneficiary may charge for a statement regarding the obligation secured hereby,provided the charge therefor does not exceed the maximum allowed by law. The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address hereinbefore set forth. Signature of Trlstor KAII� V " STATE OF CALIFORNIA } COUNTY OF ORANGE } KENNETH W.SMALL ''j On t I -Q-'00 / b fore me, erLi personally appea/LC r'ed� "U J v:is MCut, (or proved to me on the basis of satisfactory SUSAN C.SMALL evidence) to be the person(s) whose names(s) 4s air subscribed to the within instrument and acknowledged to me that executed the same in hklcjf�authorized capacity(ies), and that by 1ML L KOM hisA3er/ eir signatures(s) on the instrument the person(s) or the entity cowdlob"•1440M upon behalf of which the person(s)acted,executed the instrument. N dwy AIWC-cdwmf .. OMP Cour* WITNESS my hand and official seal. MVCWft&*n0d12.�00>• Signature (This area for official notarial seal) 2 PDA:2004agree:Deed of Trust-Small GOVERNMENT CODE 27361 .7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY: l��I L • �1U' DATE COMMISSION EXPIRES: COUNTY WHERE BOND IS FILED: COMMISSION NUMBER: r I y 0 MANUFACTURER/VENDOR NUMBER: I CERTIFY UNDER PENALTY OF PERJURY THAT THE ILLEGIBLE PORTION OF THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: PLACE OF EXECUTION: SANTA ANA DATED: (17 SIGNATURE: FIRST AMERICAN TITLE INS ANCE CO. • DO NOT RECORD • The following is a copy of Subdivisions A and B of the fictitious Deed of Trust recorded in each county in California as stated in the foregoing Deed of Trust and incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein. A. • To protect the security of this Deed of Trust,Trustor agrees: 1) To keep said property in good condition and repair,not to remove or demolish any building thereon;to complete or restore promptly and in a good and workmanlike manner any building which may be constructed,damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefor,to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon;not to commit or permit waste thereof;not to commit,suffer or permit any act upon said property in violation of law;to cultivate,irrigate,fertilize,fumigate,prune and do all other acts which from the character or use of said property may be reasonably necessary,the specific enumerations herein not excluding the general. 2) To provide,maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine,or at the option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee;and to pay all costs and expenses,including cost of evidence of title and attorney's fees in a reasonable sum,in any such action or proceeding in which Beneficiary or Trustee may appear,and in any suit brought by Beneficiary to foreclose this Deed. 4) To pay:at least ten days before delinquency all taxes and assessments affecting said property,including assessments on appurtenant water stock;when due,all encumbrances,charges and liens,with interest,on said property or any part thereof,which appear to be prior or superior hereto;all costs,fees and expenses of this Trust. Should Trustor fail to make any payment or to do any act as herein provided,then Beneficiary of Trustee,but without obligation so to do and without notice to or. demand upon Trustor and without releasing Trustor from any obligation hereof,may:make or do the same is such manner and to such extent as either may deem necessary to protect the security hereof,Beneficiary or Trustee being authorized to enter upon said property for such purposes;appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee;pay,purchase,contest or compromise any encumbrance,charge or lien which in the judgment of either appears to be prior or superior hereto;and,in exercising any such powers,pay necessary expenses,employ counsel and pay his reasonable fees. 5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee,with interest from the date of expenditure at the amount allowed by law in effect at the date hereof;and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said statement is demanded. B. It is mutually agreed: 1) That any award in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. 2) That by accepting payment of any sum secured hereby after its due date,Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. 3) That at any time or from time to time,without liability therefor and without notice,upon written request of Beneficiary and presentation of this Deed and said note for endorsement,and without affecting the personal liability of any person for payment of the indebtedness secured hereby;Trustee may:reconvey any part of said property;consent to the making of any map or plat thereof;join in granting any easement thereon,or join in any extension agreement or any agreement subordinating the lien or charge hereof. 4) That upon written request of Beneficiary stating that all sums secured hereby have been paid,and upon surrender of this Deed and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its fees,Trustee shall reconvey,without warranty,the property then held hereunder. The recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The Grantee in such reconveyance may be described as"the person or persons legally entitled thereto." 5) That as additional security,Trustor hereby gives to and confers upon Beneficiary the right,power and authority,during the continuance of these Trusts,to collect the rents,issues and profits of said property,reserving unto Trustor the right,prior to any default by Trustor in payment of any indebtedness secured hereby or in the performance of any agreement hereunder,to collect and retain such rents,issues and profits as they become due and payable. Upon any such default,Beneficiary may at any time without notice,either in person,by agent,or be a receiver to be appointed by a court,and without regard to the adequacy of any security for the indebtedness hereby secured,enter upon and take possession of said property or any'part thereof,in his own name sue for or otherwise collect such rents,issues,and profits,including those past due and unpaid,and apply the same,less costs and expenses of operation and collection,including reasonable attorney's fees,upon any indebtedness secured hereby,and in such order as Beneficiary may determine. The entering upon and taking possession of said property,the collecting of such rents,issues and profits and the application thereof as aforesaid,shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 6) That upon default by Trustor in payment of any indebtedness secured hereby or in the performance of any agreement hereunder,Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property,which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed,said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default,and notice of sale having been given as then required by law,Trustee,without demand on Trustor,shall sell said property at the time and place fixed by it in said notice of sale,either as a whole or in separate parcels, and in such order as it may determine,at public auction to the highest bidder for cash in lawful money of the United States,payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale,and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the property so sold,but without any covenant or warranty,express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person,including Trustor,Trustee, or Beneficiary as hereinafter defined,may purchase at such sale. After deducting all costs,fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale,Trustee shall apply the proceeds of sale to payment of:all sums expended under the terms hereof,not then repaid,with accrued interest at the amount allowed by law in effect at the date hereof;all other sums then secured hereby;and the remainder,if any,to the person or persons legally entitled thereto. . 7) Beneficiary,or any successor in ownership of any indebtedness secured hereby,may from time to time,by instrument in writing,substitute a successor or successors to any Trustee named herein or acting hereunder,which instrument,executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated shall be conclusive proof of proper substitution of such successor Trustee or Trustees,who shall,without conveyance from the Trustee predecessor,succeed to all its title,estate,rights,powers and duties. Said instrument must contain the name of the original Trustor,Trustee and Beneficiary hereunder,the book and page where this Deed is recorded and the name and address of the new Trustee. 8) That this Deed applies to,inures to the benefit of,and binds all parties hereto,their heirs,legatees,devisees,administrators,executors,successors and assigns. The term Beneficiary shall mean the owner and holder,including pledgees,of the note secured hereby,whether or not named as Beneficiary herein. In this Deed,whenever the context so requires,the masculine gender includes the feminine and/or neuter,and the singular number includes the plural. 3 PDA:2004agree:Deed of Trust-Small r 9) That Trustee accepts this Trust this Deed,duly executed and acknowledged,is made a I&c record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor,Beneficiary or Trustee shall be a party unless brought by Trustee. DO NOT RECORD REQUEST FOR FULL RECONVEYANCE TO ,TRUSTEE: The undersigned is the legal owner and holder of the note or notes and of all indebtedness secured by the foregoing Deed of Trust. Said note or notes,together with all other indebtedness secured by said Deed of Trust,have been fully paid and satisfied;and you are hereby requested and directed,on payment to you of any sums owing to you under the terms of said Deed of Trust,to cancel said note or notes above mentioned,an all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith,together with the said Deed of Trust,and to reconvey,without warranty,to the parties designated by the terms of said Deed of Trust,all the estate now held by you under the same. Dated Please mail Deed of Trust, Note and Reconveyance to Do Not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both must be delivered to the Trustee for cancellation before reconveyance will be made. 4 PDA:2004agree:Deed of Trust-Small oil 0 Council/Agency Meeting Held: -0 Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied 77 2yer s Si ature Council Meeting Date: 11/1/2004 Department ID Number: 04-18 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR & CITY COUNCIL MEMBERS �( c SUBMITTED BY: PENELOPE CU RETH G FT, DPA, CI`TY' ,�XDMINISTRATOF;P PREPARED BY: PENELOPE CULBRETH-GRAFT, DPA, CITY ADMINISTRATOR, C)`?-= SUBJECT: AMEND EMPLOYMENT CONTRACT WITH KENNETH SMALL;T(Y�i-; PROVIDE FOR SECURED LOAN ,T�.' Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,-Mtacftent(s) Statement of Issue: The City Administrator is requesting that the City Council amend the employment contract with Chief of Police Kenneth Small. Funding Source: General Fund unappropriated undesignated fund balance. Recommended Action: Approve the amendment to the employment contract with Kenneth Small and authorize the City Administrator and the City Attorney to negotiate and execute an agreement based upon the proposed terms and conditions. Alternative Action(s): Do not approve the amendment to the employment contract with Kenneth Small and do not authorize an agreement OR change the terms and conditions for the proposed loan. Analysis: The City entered into an employment agreement with Ken Small to serve as Chief of Police on September 3, 2002. The Chief relocated his residence from Florida to the City of Huntington Beach.. Chief Small has done an outstanding job for the City, forging positive working relationships with the union, local business, and the community. As an incentive to encourage his long-term employment, the City Administrator requests the City Council consider granting a secured loan to the Chief of Police. Given the disparity in housing costs from Florida to Huntington Beach and the city's desire to have the Police Chief reside within the city boundaries, the loan would be used for the remodeling work he has undertaken since moving into the city. The following are the proposed terms and conditions for the loan: 1. The loan shall be $100,000 loan fundable in full upon execution of a loan agreement. i %QUEST FOR ACTION • MEETING DATE: 11/1/2004 DEPARTMENT ID NUMBER: 04-18 2. The loan shall be secured by his primary residence in. Huntington Beach to be subordinate to his first mortgage and a pre-existing second as a line of credit; a minimum loan to value ratio shall be maintained to secure the loan. 3. The loan shall be forgiven in increments of $15,000 per year for each year of employment with the city. If separation occurs mid year, the amount of forgiveness for that year shall be prorated on a monthly basis for time served within that year. 4. No loan repayment shall be made while employed by the city as Chief of Police. 5. Any unpaid balance at time of separation of employment with the city shall be paid with interest at either the market interest rate at the time of loan repayment or at a composite market interest rate for each yearthat the loan was outstanding; loan shall be paid in full with applicable interest within six months of separation from the city. 6. In the event of work-related death or injury that would prevent continuation of work as Chief, the loan would be retired in full with no repayment. If death resulted from a non-work related cause, survivor rights will be conveyed to his surviving spouse with full interest conversion at market rate to be paid upon sale of home or within six months of death. 7. The loan shall not be considered income for the calculation of retirement. 8. Employee shall be responsible for any and all applicable taxes on the loan. Environmental Status: N/A Attachment(s): City Clerk's Page Number No. Description 1. FIS 2005-3 Approve Employment Contract Amendment for Kenneth Small 2. Amendment No. 1 to Employment Agreement between the City of Huntinton Beach and Kenneth Small GACulbreth-Graft\RCA.re Contract with Chief Small.doc -2- 10/19/2004 1:47 PM i • • ATTACHMENT # 1 • CITY OF HUNTINGTON BEACH J � INTERDEPARTMENTAL COMMUNICA TION To: Penelope Culbreth-Graft, City Administrator From: Clay Martin, Director of Administrative Services Subject: FIS 2005 - 3 Approve Employment Contract Amendment for Kenneth Small Date: November 1, 2004 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for the admendment to the employment contract for Chief of Police Kenneth Small. If the City Council approves this action (total appropriation $100,000), the estimated unreserved General Fund balance at will be reduced to $4,115,000. lay Martin Director of Administrative Services 0 ATTACHMENT #2 AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND KENNETH SMALL THIS AMENDMENT is made and entered into the /*rday of , 2004, by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and KENNETH SMALL, an individual, hereinafter referred to as "Department Head." WHEREAS, City and Department Head are parties to that certain agreement, dated September 3, 2002, entitled "Employment Agreement Between The City Of Huntington Beach And Kenneth Small,"which agreement shall hereinafter be referred to as the "Original Agreement," and City and Department Head wish to amend the Original Agreement to provide inducement for Department Head to remain in City's employment, and make possible full work productivity by providing Department Head with assurances regarding his employment, NOW, THEREFORE, it is agreed by City and Department Head as follows: 1. AMENDMENT OF SECTION 4 OF THE ORIGINAL AGREEMENT ENTITLED "OTHER BENEFITS." Section 4 of the Original Agreement entitled "Other Benefits" is hereby amended to read as follows: SECTION 4. OTHER BENEFITS. In addition to the foregoing benefits, Department Head shall also receive all such other benefits that are generally applicable to nonassociated employees (department heads) hired after December 27, 1997, as set forth in Exhibit A, attached hereto, with the following exceptions: Department Head shall be covered by the same Public Employees' Retirement System plan offered to the Police Management Association; Department Head shall accrue eighty (80) hours of General Leave immediately upon employment; and Department Head shall be immediately eligible to use the General Leave with the City Administrator's prior approval.Additionally, as an incentive to encourage Department Head to reside within the City of Huntington Beach and to remain employed by City for a number of years, Department Head will be eligible for a one-time, real estate secured loan of an amount not to exceed One Hundred Thousand Dollars ("the Loan'). The Loan shall be subject to the following terms and conditions: 1 .04Agree:AmendmentToPoliceChiefAgreement a. The Loan shall be fundable in full upon Department Head's execution of a loan agreement. The loan agreement shall be approved as to form by the City Attorney. The City Administrator is authorized and empowered to execute the loan agreement on behalf of the City any and all documents as may be required to effectuate the Loan. b. The Loan shall be secured by Department Head's primary residence in Huntington Beach. The Loan may be subordinate to a pre- . existing first mortgage and a pre-existing second as a line of credit; a minimum loan to value ratio shall be maintained to secure the loan. C. No loan repayment shall be made while employed by City as Chief of Pol ice; the Loan shall be forgiven in increments of S1 5,000 per year for each subsequent year of Department Head's employment with the City. If separation occurs midyear, the amount of forgiveness for that year shall be prorated on a monthly basis for time employed within that year. d. The loan balance at time of separation of employment with the City, if any, shall be paid with interest at either the market interest rate at the time of loan repayment or at a composite market interest rate for each year that the Loan was outstanding; the loan balance shall be paid in full with applicable interest within six months of separation from the city. e. In the event of work-related death or injury that would prevent Department Head's continuation of work as City's Chief of Police, the Loan will be retired in full with no repayment. If death results from a non-work related cause, survivor rights will be conveyed to Department Head's surviving spouse with full interest conversion at market rate to be paid upon sale of home or within six months of death, whichever occurs first. f. Department Head shall be responsible for payment of any and all applicable taxes on the loan. g. The City Administrator and the City Attorney may establish such other terms and conditions of the Loan as may be convenient or necessary. 2 04Agree:AmendmentToPoliceChiefAgreement 2. REAFFIRMATION. Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on the date first above written. DEPARTMENT HEAD: CITY: CITY OF HUNTINGTON BEACH, a municipal corporation of the enneth Small S o fo Mayor PPROVED AS TO FORM: lq y Attorney �Zj1 0 REVIEWED AND APPROVED: ity AdrAinistrator 3 - 04Agree:AmendmenffoPoliceChiefAgreement RCf ROUTING SHEE*T INITIATING DEPARTMENT: Administration SUBJECT: Amend Employment Contract with Kenneth Small to Provide for Secured Loan COUNCIL MEETING DATE: November 1, 2004` RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached. ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) AttachedNot Applicable ❑ (Signed in full by the City Attorne ❑ Subleases, Third Party Agreements, etc. AttachedNot Applicable (Approved as to form by City Attorne Certificates of Insurance (Approved b the CityAttorne Attached El PP y Y) Not Applicable hed Fiscal Impact Statement (Unbudget, over $5,000) Not Attac licable ❑ ❑ Bonds (If applicable) AttachedNot Applicable Staff Report (If applicable) Attached ❑Not Applicable Commission, Board or Committee Report If applicable) Attached El p ( pp ) Not Applicable s/Conditions for Approval and/or Denial Attached ElFindin g pp Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk ,:EXPLANATION FOR RETURN.OFITEM. (Below • . For RCA Author: Culbreth-Graft City Administrator's Report (City-Administrator's Report) Announcement Re: Police Chief Kenneth.Small's Oath of Office (Swearing-In) Ceremony on Tuesday, October 22, 2002, at 9 am, City Hall Amphitheater Ray Silver 1_ N � G N -- C 1T' J V � oZ `/Of SCITY OF HUNTINGTON BEAR MEETING DATE: September 3, 2002 DEPARTMENT ID NUMBER: Council/Agency Meeting Held: 0 -43'Oti Deferred/Continued to: Approved ❑ Conditio ally roved ❑ D nie City Clerk's ignature o September 3, 2002 Depa ment ID Number: CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION Q a � SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, CITY ADMINISTRATORdeeJ ````�' SUBJECT: Approve Employment Agreement between the City of Huntingtofi Beach and Kenneth Small as Chief of Police LAJ Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Should the City Council approve an employment agreement with Kenneth Small to become the city's Chief of Police? Funding Source: Sufficient funds are included in the city's 2002-03 and 2003-04 budgets. Recommended Action: Motion to: 1. Approve the recommendation of the City Administrator for the appointment of Kenneth J. Small as the Police Chief of the City of Huntington Beach. 2. Approve and authorize execution by the City Administrator and City Clerk of the Employment Agreement between the City of Huntington Beach and Kenneth Small for the position of Police Chief. Alternative Action(s): The City Council may make the following alternative motion(s): 1. Do not approve the agreement and provide staff with appropriate direction. RCA Chief Small's Contract 8/27/2002 11:47 AM I RQUEST FOR COUNCIL ACAN MEETING DATE: September 3, 2002 DEPARTMENT ID NUMBER: Analysis: Chief of Police Ron Lowenberg is retiring on October 18, 2002. In order to replace Chief Lowenberg, the city conducted a nationwide recruitment. Fifty-one candidates applied for the position and, in June, a rating panel interviewed the top nine candidates. It is my pleasure to report that I have selected, with the City Council's approval, Kenneth Small to be the City Huntington Beach's new Chief of Police. Chief Small successfully completed the city's required psychological, physical and background examinations. He is currently employed as the Chief of Police in Daytona Beach, Florida. A copy of his resume is included with this report as Attachment 2. The contract between Chief Small and the city will begin on October 14, 2002. Attachment(s): City Clerk's Page Number No. Description 1. Employment Agreement between Kenneth Small and the City of Huntington Beach 2. Kenneth Small's Resume RCA Chief Small's Contract 4 8/27/2002 11:47 AM Attachment 1 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND KENNETH SMALL THIS'AGREEMENT is entered into this 3rd day of September, 2002,'netween the City of Huntington Beach, a California municipal corporation, hereinafter called "City," and Kenneth Small, hereinafter called "Department Head." WITNESSETH The City Administrator has been empowered to appoint and remove Department Heads, with approval of the City Council; and The City, through the City Administrator, desires to employ the services of Kenneth Small as a Department Head, Chief of Police of the City of Huntington Beach; and It is the desire of the City to provide certain benefits, establish certain conditions of employment, and to set working conditions of Department Head; and It is the desire of the City to: (1) Secure and retain the services of the Department Head and to provide inducement for him to reinain in such employment; (2) To provide a means for terminating Department Head's service at such time as he may be unable fully to discharge his duties due to disability, or when City may otherwise desire to terminate his employ; and Department Head desires to accept employment as Chief of Police of the City; NOW, THEREFORE, in consideration of the mutual covenants here contained, the parties agree as follows: SECTION 1. DUTIES. City agrees to employ Kenneth Small as Chief of Police of the City to perform the functions and duties of that office as set forth in the Huntington Beach Municipal Code and the City Charter, and to perform other legally permissible duties and 1 PDA:2002 Agreements:small/8/20/02 functions as the City Administrator shall from time to time assign. The Department Head shall devote his full attention and effort to the office and perform the mentioned duties and functions in a professional manner. SECTION 2. STATUS AND TERM. (a) Commencing October 14, 2002, the Department Head shall serve for an indefinite term at the pleasure of the City Administrator and shall be considered an at-will employee of the City. (b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Administrator to terminate the employment of the Department Head at any time, subject only to the provisions set forth in Section 8, paragraphs (a), (b) and (c) of this Agreement, and Section 401 of the Charter of the City of Huntington Beach. (c) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Department Head to resign at any time from his position with the City, subject only to the provisions set forth in Section 8, paragraph(d), of this Agreement. (d) Department Head agrees to remain in the exclusive employ of City for an indefinite period and shall neither accept other employment or become employed by any other employer without the prior written approval of the City Administrator until notice of resignation is given. The term "employed" (and derivations of that term as used in the preceding paragraph) shall include employment by another legal entity or self employment, however, shall not be construed to include occasional teaching, writing, consulting, or military reserve service performed on Department Head's time off, and with the advance approval of the City Administrator. SECTION 3. SALARY. City agrees to pay Department Head for his services rendered pursuant to this Agreement at Range 647, Step E of the City's classification and compensation plan or resolutions or ordinances from time to time enacted that govern such compensation. 2 PDA:2002 Agreements:small/8/20/02 SECTION 4. OTHER BENEFITS. In addition to the foregoing benefits, Department Head shall also receive all such other benefits that are generally applicable to nonassociated employees (department heads) hired after December 27, 1997, as set forth in Exhibit A, attached hereto, with the following exceptions: Department Head shall be covered by the same Public Employees' Retirement System plan offered to the Police Management Association; Department Head shall accrue eighty(80) hours of General Leave immediately upon employment; and Department Head shall be immediately eligible to use the General Leave with the City Administrator's prior approval. SECTION 5. AUTOMOBILE. As Police Chief, Department Head's duties require that he shall have unrestricted use, during his employment, of an automobile_provided to him by the City. Said automobile shall be used by Department Head for business use, with the understanding that the Police Chief is on-call 24 hours a day, 7 days a week. City shall be responsible for cost of liability,property damage, and comprehensive insurance coverage for said automobile; however, City may elect, without notice to Department Head,to provide said coverage by self-insurance. The purchase, maintenance, repair, and regular replacement of said automobile shall be the responsibility of City. SECTION 6. ADMINISTRATIVE LEAVE. City Administrator may place the Department Head on Administrative Leave with full pay and benefits at any time during the term of this Agreement. SECTION 7. REIMBURSEMENT FOR RELOCATION EXPENSES. Upon approval of the City Administrator, Department Head shall be provided reimbursement for relocation expenses in an amount not to exceed Twenty Thousand Dollars ($20,000.00). Expenses eligible for reimbursement shall include moving costs and temporary housing. All requests for reimbursement shall be made in writing and shall include copies of receipts or other sufficient documentation. 3 PDA:2002 Agreements:small/8/20/02 SECTION 8. TERMINATION AND SEVERANCE PAY. (a) Except as provided in subsection(b), in the event the City Administrator terminates the employment of the Department Head, and during such time that Department Head is willing and able to perform his duties under this Agreement, then, the City shall pay to the Department Head a severance payment equal to salary payments which the Department Head would have received over a twelve week period at the Department Head's current rate of pay in effect on the day prior to the date of termination. In addition, for the lesser of ninety(90) calendar days after the date of termination or the time the Department Head secures health and medical insurance through attainment of comparable employment, the City shall maintain and pay for health, medical, disability, the continuation of retirement benefits and life insurance in such amounts and on such terms as have been received by the Department Head and the Department Head's dependents at the time of such termination; however, no other or additional benefits shall accrue during this ninety(90) calendar-day period. (b)(1) Notwithstanding subsection(a) above, the following reasons shall constitute grounds to terminate the employment of the Department Head without severance pay: (i) a willful breach of this agreement or the willful and repeated neglect by the Department Head to perform duties that he or she is required to perform; (ii) conviction of any criminal act relating to employment with the City; (iii) conviction of a felony. (2) Prior to the time that the City Administrator terminates the Department Head without severance pay for any of the reasons set forth in Section(b)(1) above, and only in that case, the City Administrator shall provide the Department Head with written notice of proposed termination which contains the reason and factual basis for such action. Within ten days of such notice, the Department Head may request an opportunity to respond to the reasons 4 PDA:2002 Agreements:small/8/20/02 and factual basis provided by the City Administrator. If such a request to respond is made, the City Administrator shall conduct a meeting, which may be informal in nature, at which the Department Head may respond to the notice of proposed termination. At such meeting, the Department Head may be represented by an attorney of his choice and present evidence or information relevant to the reasons and factual basis set forth in the notice of proposed termination. Subsequently, the decision of the City Administrator as to whether reasons set forth in Section (b)(1) exist or do not exist shall be final as between the parties. (c) In the event the City at any time during the term of this Agreement reduces the salary of Department Head from its then current year level, except as part of an across-the-board reduction for all Department Heads of City, or in the event City refuses, following written notice, to extend to the Department Head any nonsalary benefit customarily available to all Department Heads, or in the event the Department Head resigns following a suggestion, whether formal or informal, by the City Administrator that he or she resign, then, in those events, the Department Head may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to extend or such suggestion of resignation within the meaning and context of the severance pay provision in paragraph(a) above; provided that such option to be deemed terminated must be exercised by written notice from the Department Head to the City Administrator within ten(10) working days of notification of such reduction, refusal to extend, or suggestion of resignation. In that event, the severance payment shall be calculated from the date the Department Head exercises the option to be deemed terminated. (d) In the event Department Head voluntarily resigns his position,the Department Head shall give City written notice at least thirty(30) days prior to the last workday, unless the City Administrator and Department Head otherwise agree. Unless there is agreement to the contrary, if the Department Head fails to provide such notice to the City Administrator, any right to accrued benefits for sick pay shall terminate. 5 PDA:2002 Agreements:small/8/20/02 (e) It is understood that after notice of termination in any form, Department Head and City will cooperate to provide for an orderly transition. Specific responsibilities during such transition may be specified in a written separation agreement. SECTION 9. DISABILITY. .If Department Head is totally disabled-or otherwise unable to perform his duties because of sickness, accident, injury,mental incapacity or ill health, he or she shall be eligible for Disability Leave upon exhausting all accrued sick leave and vacation leave, and duty injury leave if applicable. Disability Leave shall be unpaid and.shall be approved by the City Administrator for a time period of up to three (3) months. The length of such time period of the Disability Leave shall be dependent upon the length of the disability as demonstrated by the Department Head. If the Department Head is unable to return to work at that time, City shall have the option to terminate the employment of the Department Head, subject to the requirements imposed on the City by Section 6, paragraph (a). SECTION 10. PERFORMANCE EVALUATION. The City Administrator shall review and evaluate in writing the performance of the Department Head at least once annually. That review and evaluation shall be in accordance with specific criteria developed in consultation with the Department Head and City Administrator. Those criteria may be added to or deleted from as the City Administrator may from time to time determine, in consultation with the Department Head. SECTION 11. PROFESSIONAL DEVELOPMENT. City agrees to budget and pay for professional memberships normally accorded Department Heads. The Department Head shall also receive paid leave, plus registration, travel and reasonable expenses for short courses, conferences and seminars that are necessary for his personal development and, in the judgment of the City Administrator, for the good of the City, and subject to budget limitations and to established travel policies and procedures. SECTION 12. FINANCIAL DISCLOSURE. The Department Head shall report to the City Administrator any ownership interest in real property within the County of Orange, 6 PDA:2002 Agreements:small/8/20/02 excluding personal residence. Also, the Department Head shall report to the City Administrator any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for the City.or.from which the City intends to make a purchase. Such reporting shall be made in writing by the Department Head to the City Administrator within ten (10) calendar days of the execution of this agreement and further within ten (10) calendar days of acquisition of that interest in real property. Additionally, the Department Head shall report in writing to the City Administrator any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for the City or from whom the City intends to make a purchase immediately upon notice of the intended work or purchase. SECTION 13. INDEMNIFICATION. City shall defend and indemnify the Department Head against any action, including but not limited to any: tort, professional liability claim or demand, or other noncriminal legal, equitable or administrative action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of the Department Head's duties as an employee or officer of the City, other than an action brought by the City against the Department Head, or an action filed against the City by the Department Head. In addition, the City shall pay the reasonable expenses for the travel, lodging, meals, and lost worktime of the Department Head should the Department Head be subject to such, should an action be pending after termination of the Department Head. City shall be responsible for and have authority to compromise and settle any action, with prior consultation with Department Head, and pay the amount of any settlement or judgment rendered on that action. Department Head shall cooperate fully with the City in the settlement, compromise, preparation of the defense, or trial of any such action. SECTION 14. GENERAL PROVISIONS. (a) The text here shall constitute the entire Agreement between the parties. (b) This Agreement shall become effective commencing October 14, 2002. 7 PDA:2002 Agreements:small/8/20/02 (c) If any provision, or any portion of any provision, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or any portion of it, shall be deemed severable, shall not be affected and shall remain in full force and effect. (d) No amendment of this Agreement shall be effective unless in writing and signed by both parties. IN WITNESS WHEREOF, the City of Huntington Beach has caused this Agreement to be signed and executed on its behalf by its City Administrator and duly attested by its City Clerk, and the Department Head has signed and executed this Agreement, both in duplicate,the day and year first above written. THE CITY OF HUNTINGTON BEACH: DEPARTMENT HEAD: By: c1� `_ By: bnn�� Ray Si rAdministrator Kenneth Small ATTEST: APPROVED AS TO FORM: By:G � .. By: "Z 3' City Clerk City Attorney p�� 8 PDA:2002 Agreements:small/8/20/02 Attachment 2 KENNETH W. SMALL a EDUCATIONAL BACKGROUND Master of Science—Management— 1996 California Polytechnic State University; Pomona, CA Bachelor of Arts—Political Science— 1991 California State University; Northridge, CA CERTIFICATIONS Florida Criminal Justice Standards and Training—Basic California Peace Officers Standards and Training(P.O.S.T.)—Basic, Intermediate, Advanced, Supervisory, Management SUMMARY OF EXPERIENCE 1996 to Present City of Daytona Beach, FL (Population: 65,000) Police Department Chief of Police 1971. to 1996 City of Los Angeles, CA (Population: 3,800,000) Police Department 1996 Captain III—Division Commander, Training Division 1994 to 1996 Captain III—Area Commander, Southeast Area 1993 to 1994 Captain II—Division Commander, Planning and Research Division 1992 to 1993 Captain I—Patrol Division Commander, Van Nuys Area 1991 to 1992 Captain I—Patrol Division Commander, Devonshire Area 1990 to 1991 Lieutenant II—Adjutant to the Assistant Chief, Office of Special Services 1989 to 1990 Lieutenant II, Employee Representation Section, Personnel and Training Bureau 1986 to 1989 Lieutenant II, Investigative Section, Organized Crime Intelligence Division 1985 to 1986 Lieutenant I—Watch Commander,North Hollywood Area 1983 to 1985 Sergeant II—Assistant Advocate, Internal Affairs Division 1983 Sergeant II—Watch Commander, Wilshire Area 1981 to 1983 Sergeant II—Investigator, Internal Affairs Division 1979 to 1981 Sergeant I—Field Supervisor, Wilshire Area 1971 to 1979 Police Officer • Net u5��1N���D: (c) If any provision, or any portion of any provision, contained in this Agreement is \. held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or any portion of it, shall be deemed severable, shall not be affected and shall rema\in full force and effect. (d) No amendment of this Agreement shall be effective unless in writing and signed by both parties. IN WITNESS WHEREOF, the City of Huntington Beach has caused this Agreement to be signed and executed on its behalf by its City Administrator and duly attested by its City Clerk, and the Department Head has signed and executed this\Agreement, both in duplicate, the day and year first above written. THE CITY OF HUNTINGTON BEACH: DEPARTMENT HEAD: By: By: Ray Silver, City Administrator Kenneth Small ATTEST: APPROVED AS TO FORM: o� /�- By: - By: City Clerk . City Attorney o—%-4 ov `e 1 4 0 4 `1 8 PDA:2002 Agreements:small/8/26/02 From:Robert A.Polkow Fax:+1(714)962-4810 To:City clerk Fax: +1(714)374-1567 P 1 of 1 Sunday,September01,200210:49AM BOB POLKOW 21772 Oceanview Lane Huntington Beach,Ce 92646-8215 Home Phone 962-4810 Email RPolkow@aol.com September 01,2002 Agenda Item C-2a,3 Sept 2002 I am sure that the Huntington Beach City Council is aware that the Law requires 1 that their choice for Police Chief will be required to attend a school and seminars to acquaint him with the California Penal Code. The only exception would be if he has served in California as a sworn police officer in the last 3 years. in my opinion they missed a golden opportunity to acquire a competent police chief by promoting from within. Does the city council believe that our own police hierarchy familiar with California Law and City Codes does not contain one man that can do as good as Ron Lowenberg? Perhaps the city council picked a Florida applicant because practically any citizen can carry a concealed weapon in that State and wishes to try this proposition in Huntington Beach. RESPECTFULLY: BOB POLKOW 21772 Oceanview LAne,Huntington Beach,Ca 92646-8215 (714)962-4810 vi E U M MAN C/TI b