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HomeMy WebLinkAboutAgenda Packet Document 1-20-2015AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY 0- CALIFORNIA -1- NATIONAL CITY INCORPORATED TED RON MORRISON Mayor JERRY CANO Vice Mayor ALBERT MENDIVIL Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City 619-336-4240 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, JANUARY 20, 2015 - 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Sessions begin at 5:00 p.m. or such other time as noted. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or irrelevant. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior CC/CDC-HA Agenda 1/20/2015 — Page 2 to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. CC/CDC-HA Agenda 1/20/2015 — Page 3 OPEN TO THE PUBLIC ***CITY COUNCIL*** CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC ORAL COMMUNICATIONS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS PRESENTATIONS 1. Employee Service Recognition - Recognizing Lieutenant Robert Rounds for his 20 years of service with the City of National City 2. Introduction of new employee - Cruz Ruelas Avila, Civil Engineering Technician (Engineering/Public Works) INTERVIEWS / APPOINTMENTS 3. Interviews and Appointments: Various Boards, Commissions and Outside Agencies. (City Clerk) CONSENT CALENDAR 4. Motion 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) 5. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Grant Assurances for the FY14 State Homeland Security Grant Program, and authorizing the establishment of an appropriation and corresponding revenue budget in the amount of $51,831 from the FY14 State Homeland Security Grant Program for a reimbursable grant purchase of equipment for the Police and Fire Departments. (Fire) 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Memorandum of Understanding between the City of San Diego Office of Homeland Security and the City of National City regarding FY14 Urban Area Security Initiative (UASI) Grant Funding for a CC/CDC-HA Agenda 1/20/2015 - Page 4 reimbursable qrant for equipment and training for police and fire personnel. (Fire) 7 Resolution of the City Council of the City of National City, 1) awarding a contract in the not -to -exceed amount of $79,000.00 to Downstream Services, Inc. for the National City Culvert Barrier Project, CIP No. 14-06; 2) authorizing a 15% contingency in the amount of $11,850.00 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract.(Engineering/Public Works) 8. Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with signage in front of the residence at 1931 "K" Avenue (TSC 2014-17) (Engineering/Public Works) 9. Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with signage in front of the residence at 824 E. 28th Street (TSC 2014-18) (Engineering/Public Works) 10. Disclosure of property interest located within Redevelopment Project Area; Councilmember Mendivil. (City Attorney) 11. Warrant Register #21 for the period of 11/12/14 through 11/18/14 in the amount of $2,129,886.94 (Finance) 12. Warrant Register #22 for the period of 11/19/14 through amount of $16,149,175.76 (Finance) 12/02/14 in 12/09/14 in 12/16/14 in PUBLIC HEARINGS the the the the 16. Public Hearing- Conditional Use Permit for beer and wine sales, a banquet facility, and live entertainment at Big Ben Market located at 108 East 8th Street.. (Applicant: Grill House at Big Ben) (Case File 2014-08 CUP) (Planning) ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION 14. Warrant Register #24 for the period of 12/03/14 through amount of $1,769,745.87 (Finance) 15. Warrant Register #25 for the period of 12/10/14 through amount of $1,693,052.88 (Finance) 11/25/14 in 13. Warrant Register #23 for the period of 11/26/14 through amount of $1,871,335.75 (Finance) CC/CDC-HA Agenda 1/20/2015 — Page 5 NON CONSENT RESOLUTIONS 17. Resolution of the City Council of the City of National City, 1) awarding a contract in the not -to -exceed amount of $2,841,105.00 to LB Civil Construction for the "A" Avenue Green Street Improvement Project, CIP No. 14-05; 2) authorizing a 15% contingency in the amount of $426,165.75 for any unforeseen changes; 3) authorizing the Mayor to execute the contract; and 4) authorizing the appropriation of $42,900.00 from the General Fund to the corresponding expenditure account for Street Light Refurbishment (Engineering/Public Works) NEW BUSINESS 18. Request to use Martin Luther King Jr. Community Center (North and South Rooms) by National City Chamber of Commerce for a Job Fair on Tuesday, April 14, 2015. Applicant anticipates approximately 1,000 attendees. Applicant is requesting a waiver of fees. (Engineering/Public Works) 19. City Council Policy # 804 "City Support for Special Events" for review and discussion of proposed Policy update to the City Council Policy Manual.(Chapter 800) (Neighborhood Services) 20. Report on the status of the San Diego Pooled Insurance Program Authority (SANDPIPA). (Risk Management) 21. City Council Summer Legislative Recess. (City Manager) ***COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY*** PUBLIC HEARINGS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY STAFF REPORTS 22. Update on the Library's Radio Frequency Identification (RFID) System Conversion Project. (Library) MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT CC/CDC-HA Agenda 1/20/2015 — Page 6 Regular Meeting - City Council/Community Development/Housing Authority of the City of National City Meeting - Tuesday - February 3, 2015 - 6:00 p.m. - Council Chambers - National City, California CC/CDC-HA Agenda 1/20/2015 — Page 7 The following page(s) contain the backup material for Agenda Item: Employee Service Recognition - Recognizing Lieutenant Robert Rounds for his 20 years of service with the City of National City +•:ORLjFORNIA. ,'O Cf City of National City MEMORANDUM DATE: December 15, 2014 TO: Lavonne Watts, Executive Assistant IV (City Manager's Office) Josie Flores -Clark, Executive Assistant III (Mayor/Council Office) FROM: Lilia Munoz, Human Resources Analyst SUBJECT: EMPLOYEE SERVICE RECOGNITION The following City employee has completed his 20 years of service with the City of National City on December 21, 2014: NAME: Robert A. Rounds POSITION: Police Lieutenant HIRED: December 21,1994 As part of the Employee Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of Tuesday, January 20, 2015. If this is acceptable, please make the necessary arrangements and send confirmation of the schedule to the employee, department and our office. The recognition letter and gift certificate selection will be sent prior to the presentation. Thank you. cc: Lt. Robert Rounds Chief Rodriguez H:1Recognition Program - CC/CDC-HA Agenda 1/20/2015 — Page 9 The following page(s) contain the backup material for Agenda Item: Introduction of new employee - Cruz Ruelas Avila, Civil Engineering Technician (Engineering/Public Works) ITEM NO. 1/20/15 INTRODUCTION OF NEW EMPLOYEE Cruz Ruelas Avila, Civil Engineering Technician CC/CDC-HA Agenda 1/20/2015 — Page 11 The following page(s) contain the backup material for Agenda Item: Interviews and Appointments: Various Boards, Commissions and Outside Agencies. (City Clerk) CC/CDC-HA Agenda 1/20/2015 — Page 12 DST 90929 CC/CDC-HA Agenda 1/20/2015 — Page 13 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Grant Assurances for the FY14 State Homeland Security Grant Program, and authorizing the establishment of an appropriation and corresponding revenue budget in CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 20, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City council of the City of National city authorizing the Mayor to execute the Grant Assurances for the FY14 State Homeland Security Grant Program, and authorizing the establishment of an appropriation and corresponding revenue budget in the amount of $51,831 from the FY14 State Homeland Security Grant Program for a reimbursable grant purchase of equipment for the Police and Fire Departments. (Fire) PREPARED BY: Wl,Weiter Amedee DEPARTMENT: Fire PHONE: 619-336-4556 APPROVED BY: EXPLANATION; The FY14 State Homeland Security Grant Program was designed to supplement the purchase of equipment, training, exercises, and planning for police and fire personnel. The San Diego County Office of Emergency Services coordinates the requests for equipment, training, exercises, and planning. In order to receive grant funds, National City must authorize the submission of the Grant Assurances for the FY14 State Homeland Security Grant Program. National City's portion of the grant totaled $51,831 for equipment. The equipment funds will be divided evenly between the City's Police and Fire Department. This grant program requires the City to incur expenses, and then apply for reimbursement. In order to be eligible for reimbursement, the Police and Fire Department must purchase and/or receive the items prior to the December 31, 2015 deadline. Staff recommends the utilization of $51,831 of City funds for equipment for the Police and Fire Department, and to request reimbursement for such expenses from the San Diego County Office of Emergency Services. FINANCIAL STATEMENT: APPROVED: �`F= rya.- Finance ACCOUNT NO. 282-411-944-355-0000 & 282-412-944-355-0000 APPROVED: MIS No negative impact; FY14 State Homeland Security Grant Program is a reimbursable grant that requires jurisdictions to incur expenses prior to being reimbursed for expenditures. ENVIRONMENTAL REVIEW''. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends authorizing the Mayor to execute the Grant Assurances and authorizing the establishment of an appropriation and corresponding revenue budget in the amount of $51,831. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: California Governor's Office of Emergency Services FY2014 Grant Assurances 1=Y14 SHSG Approved Allocation Resolution California Governor's Office of Emergency Services FY 2014 Grant Assurances (All HSGP Applicants) Name of Applicant: City of Nari nnal City Address: 1243 National City Boulevard City: National City State: CA Zip Code: 91990 Telephone Number: 619 — 3 3 6— 4 5 5 6 Fax Number: 619 — 3 3 6— 4 3 2 8 E-Mail Address: wamedeenationalcityca.gov As the duly authorized representative of the applicant, I certify that the applicant named above: 1. Will assure that the Funding Opportunity Announcement for this program is hereby incorporated into your award agreement by reference. By accepting this award, the recipient agrees that all allocations and use of funds under this grant will be in accordance with the requirements contained in the FY2014 Homeland Security Grant Program Funding Opportunity Announcement, the California Supplement to the FY2014 Homeland Security Grant Program Funding Opportunity Announcement, and all applicable laws and regulations. 2. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2014 Homeland Security Grant Program application. Further, use of FY2014 funds is limited to those investments included in the California FY2014 Investment Justifications submitted to DHS/FEMA and Cal OES and evaluated through the peer review process. 3. Understands that in the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMD(a,,dhs.gov if you have any questions. 4. Has the legal authority to apply for Federal assistance and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and sub - granted through the State of California, California Governor's Office of Emergency Services (Cal OES). 5. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred between grant programs (for example: State Homeland Security Program and Urban Area Security Initiative) or fiscal years. 6. Will comply with any cost sharing commitments included in the FY2014 Investment Justifications submitted to DHS/FEMA/Cal OES, where applicable. 7. Will establish a proper accounting system in accordance with generally accepted accounting standards and awarding agency directives. Page 1 Initials 8. Will give the DHS/FEMA, the General Accounting Office, the Comptroller General of the United States, the Cal OES, the Office of Inspector General, through any authorized representatives, access to, and the right to examine, all paper or electronic records, books, and documents related to the award, and will permit access to its facilities, personnel and other individuals and information as may be necessary, as required by DHS/FEMA or Ca1 OES, through any authorized representative, with regard to examination of grant related records, accounts, documents, information and staff. 9. Agrees, and will require any subrecipient, contractor, successor, transferee, and assignee to acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. a. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS or Cal OES. b. Recipients must give DHS and Cal OES access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS and Cal OES program guidance, requirements, and applicable laws. c. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance, and recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. d. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS/Cal OES awarding office and the DHS Office of Civil Rights and Civil Liberties. e. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. 10. Will comply with any other special reporting, assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement, or detailed in the program guidance. 11. Agrees that funds utilized to establish or enhance State and Local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines, follow the Federal and State approved privacy policies, and achieve (at a minimum) the baseline level of capability as defined by the Fusion Capability Planning Tool. 12. Understands that a hold is in place on Fusion Center activities and the applicant is prohibited from obligating, expending, or drawing down HSGP — UASI funds in support of their State and/or Major Urban Area Fusion Center. Ca1 OES will notify the subgrantee in writing when DHS/FEMA has lifted the hold. 13. Will initiate and complete the work within the applicable timeframe (subgrantee performance period), in accordance with grant award terms and requirements, after receipt of approval from Cal OES and will maintain procedures to minimize the amount of time elapsing between the award of funds and the disbursement of funds. Page 2 Initials 14. Will provide timely, complete and accurate progress reports, and maintain appropriate support documentation to support the reports, and other such information as may be required by the awarding agency, including the Initial Strategy Implementation Plan (ISIP), within 45 (forty-five) days of the award, and update these reports and related documentation via the Grant Reporting Tool (GRT) twice each year. 15. Will provide timely notifications to Cal OES of any developments that have a significant impact on award - supported activities, including changes to key program staff. 16. Agrees to be non -delinquent in the repayment of any Federal debt. Examples of relevant debt , include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A- 129 and form SF-424B, item number 17 for additional information and guidance. 17. Will comply with the requirements of 31 U.S.C. § 3729, which set forth that no subgrantee, recipient or subrecipient of federal payments, shall submit a false claim for payment, reimbursement, or advance. Administrative remedies may be found in 38 U.S.C. §§ 3801-3812, addressing false claims and statements made. 18. Will comply with all applicable provisions of DHS/FEMA's regulations, including Title 44 of the Code of Federal Regulations, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including the payment of interest earned on advances. 19. Will comply with the Office of Management and Budget (OMB) Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (also known as the "A-102 Common Rule"), which are also located found within DHS regulations at Title 44, Code of Federal Regulations (CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"; will comply with OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations, relocated to 2 CFR Part 215. 20. Will comply with the financial and administrative requirements set forth in the current edition of the DHS Financial Management Guide; OMB Circular A-21, Cost Principles for Educational Institutions, relocated to 2 CFR Part 220; OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, relocated to 2 CFR Part 225; OMB Circular A-122, Cost Principles for Non -Profit Organizations, relocated to 2 CFR Part 230; and OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations, as applicable. 21. Will comply with all provisions of the Federal Acquisition Regulations, including but not limited to Title 48 CFR Part 31.2, part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 22. Will comply with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 23. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of, personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business, or other connections. 24. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from DHS/FEMA and Cal OES. 25. Will comply with all applicable lobbying prohibitions and laws, including those found 31 U.S.C.§ 1352., and agrees that none of the funds provided under this award may be expended by the recipient to pay any Page 3 Initials person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal of any Federal contract, grant, loan, or cooperative agreement. 26. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority -owned, women -owned, or disadvantaged businesses, to the extent practicable. 27. Will comply with Title 2 of the Code of Federal Regulations Part 225, Appendix A, paragraph (C)(3)(c), which provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority may not be charged to other Federal awards to overcome fund deficiencies. 28. Will ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non -Federal sources. Subgrantees and subrecipients may be required to demonstrate and document that a reduction in non -Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. 29. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4801 et seq.), which prohibits the use of lead based paint in construction or rehabilitation of structures. 30. Will comply with all federal and state laws and regulations relating to civil rights protections and nondiscrimination. These include, but are not limited to: a. Title VI of the Civil Rights Act of 1964, Public Law 88-352, (42 U.S.C. § 2000d et seq.), codified at 6 CFR Part 21 and 44 CFR Part 7, which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.), which prohibits discrimination on the basis of gender in educational programs and activities. These regulations are codified at 6 CFR Part 17 and 44 CFR Part 19. c. The Americans with Disabilities Act, as amended, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. § 12101 et seq.). d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse. f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. g. Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records. h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq., as implemented by 24 CFR Part 100), as amended, relating to nondiscrimination in the sale, rental and financing of housing. i. Title 44 of the Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination. j. The requirements of any other nondiscrimination provisions in the specific statute(s) under which the application for Federal assistance is being made and any other applicable statutes. k. The requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which provides that no otherwise qualified individual with a disability in the United States will, solely by reason of the disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. 1. Will, in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national Page 4 Initials origin, gender, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, Office ofJustice Programs. m. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. n. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements and all other provisions of the current edition of the Office ofJustice Programs Financial and Administrative Guide for Grants, M7100.1. 31. Will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91-646]), which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of Federal participation in purchases. Will also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -assisted programs. 32. Will comply with all provisions of DHS/FEMA's regulation 44 CFR Part 10, Environmental Considerations. 33. Will comply with all applicable Federal, State, and Local environmental and historical preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP requirements and obtain applicable permits may jeopardize Federal funding. Agrees not to undertake any project having the potential to impact EHP resources without the prior written approval of DHS/FEMA and Cal OES, including, but not limited to, ground disturbance, construction, modification to any structure, physical security enhancements, communications towers, any structure over 50 years old, and purchase and/or use of any sonar equipment. The subgrantee must comply with all conditions and restrictions placed on the project as a result of the EHP review. Any construction -related activities initiated without the necessary EHP review and approval will result in a noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA and Cal OES funding. Any change to the scope of work will require re-evaluation of compliance with the EHP. If ground -disturbing activities occur during the project implementation, the subgrantee must ensure monitoring of the disturbance. If any potential archeological resources are discovered, the subgrantee will immediately cease activity in that area and notify DHS/FEMA/ and Cal OES and the appropriate State Historic Preservation Office. 34. Any construction activities that have been initiated prior to the full environmental and historic preservation review could result in a non-compliance finding. Subgrantees must complete the DHS/FEMA EHP Screening Form (OMB Number 1660-0115/FEMA Form 024-0-01) and submit it, with all supporting documentation, to their Cal OES program representative, for processing by the DHS/FEMA GPD EHP. 35. Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award. The Screening From for these types of projects is available at: www.fema.gov/doc/government/grant/bulletins/info329 final screening memo.doc. 36. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Violating Facilities, and will notify Cal OES and the DHS/FEMA of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under consideration for listing by the EPA. 37. Will provide any information requested by DHS/FEMA/ and Cal OES to ensure compliance with applicable laws including, but not limited to, the following: a. Institution of environmental quality control measures under the Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), and Environmental Justice (EO12898) and Environmental Quality (EO11514). Page 5 Initials b. Notification of violating facilities pursuant to EO 11738. c. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § 1451 et seq.). d. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523). e. California Environmental Quality Act (CEQA), California Public Resources Code Sections 21080- 21098, and California Code of Regulations, Title 14, Chapter 3 §§ 15000-15007. f. Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. g. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC § 3501 et seq.), which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 38. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, § 8607.1(e) and CCR Title 19, §§ 2445, 2446, 2447, and 2448. 39. Agrees that subgrantees and subrecipients collecting Personally Identifiable Information (PII) must have a publically-available privacy policy that describes what PII they collect, how they plan to use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate. Subgrantees and subrecipients may also find DHS Privacy Impact Assessments, guidance and templates online at http://www.dhs.gov/xlibrary/assets/privacy/privacy pia_fuidancejune2010.pdf and at http://www.dhs.gov/xlibrarv/assets/privacy/privacyjia template.pdf, respectively. 40. Agrees that all DHS/FEMA-funded project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, and approvals are obtained. 41. Will comply with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225(a), whereby all subgrantees, recipients, and subrecipients must ensure that all conference, meeting, convention, or training space, funded in whole or in part with Federal funds, complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. § 2225. 42. Will comply with the Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981 amendment to Comptroller General Decision B138942. 43. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland Security." The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." 44. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights of copyright to which a recipient or sub -recipient purchases ownership with Federal support. The recipient must affix the applicable copyright notices of 17 U.S.C. section 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards, unless the work Page 6 Initials includes any information that is otherwise controlled by the Government (e.g. classified information or other information subject to national security or export control laws or regulations). The recipient agrees to consult with DHS/FEMA and Cal OES regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 45. Recipients receiving Federal financial assistance to be used to perform eligible work approved in the submitted application for Federal assistance and after the receipt of Federal financial assistance, through the State of California, agrees to the following: a. Promptly return to the State of California all funds received which exceed the approved, actual expenditures as determined by the Federal or State government. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Property and equipment purchased under the HSGP reverts to Cal OES if the grant funds are deobligated or disallowed and not promptly repaid. d. HSGP funds used for the improvement of real property must be promptly repaid following deobligation or disallowment of costs, and Cal OES reserves the right to place a lien on the property for the amount owed. e. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per Federal Fiscal Year. 46. Understands that recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. 47. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. § 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 48. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. § 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 49. Agrees that "Classified national security information," as defined in Executive Order (EO) 12958, as amended or updated via later executive order(s), means information that has been determined pursuant to EO 12958 to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. No funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for and granted access to such information by appropriate authorities. 50. Agrees that where an award recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subrecipient, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the Federal department or agency with whom the classified effort will be performed. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, and other applicable executive orders; the National Industrial Security Program Operating Manual (NISPOM); and other applicable implementing directives or instructions. Security requirement documents may be located at: http://www.dhs.gov/xopnbiz/grants/index.shtm Page 7 Initials 51. Immediately upon determination by the award recipient that funding under this award may be used to support a contract, subaward, or other agreement involving access to classified national security information pursuant to paragraph 47, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement, the award recipient shall contact ISPB, and the applicable Federal department or agency, for approval and processing instructions. DHS Office of Security ISPB contact information: Telephone: 202-447-5346 Email: DD254AdministrativeSecurity@dhs.gov Mail: Department of Homeland Security Office of the Chief Security Officer ATTN: ASD/Industrial Security Program Branch Washington, D.C. 20528 52. Will comply with the requirements regarding Data Universal Numbering System (DUNS) numbers. If recipients are authorized to make subawards under this award, they must first notify potential subrecipients that no entity may receive or make a subaward to any entity unless the entity has provided a DUNS number. For purposes of this award term, the following definitions will apply: a. "Data Universal Numbering System (DUNS)" number means the nine digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet, currently at http://fedgov.dnb.com/webform. b. "Entity", as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C, as a Governmental organization, which is a State, local government, or Indian Tribe; or a foreign public entity; or a domestic or foreign nonprofit organization; or a domestic or foreign for - profit organization; or a Federal agency, but only as a sub recipient under an award or subaward to a non -Federal entity. c. "Subaward" means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. It does not include your procurement of property and services needed to carry out the project or program (for further explanation, see section 210 of the attachment to OMB Circular A-133,"Audits of States, Local Governments, and Non -Profit Organizations") and may be provided through any legal agreement, including an agreement that you consider a contract. d. "Subrecipient" means an entity that receives a subaward from you under this award, and is accountable to you for the use of the Federal funds provided by the subaward. 53. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for Federally -assisted construction sub -agreements. 54. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement, in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 55. Will comply with Homeland Security Presidential Directive (HSPD)-5, Management of Domestic Incidents. The adoption of the National Incident Management System (NIMS) is a requirement to receive Federal preparedness assistance, through grants, contracts, and other activities. The NIMS provides a consistent Page 8 Initials nationwide template to enable all levels of government, tribal nations, nongovernmental organizations, and private sector partners to work together to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity. 56. Will comply with OMB Standard Form 424B Assurances — Non construction Programs, whereby the awarding agency may require subgrantees and subrecipients to certify to additional assurances. 57. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension." As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions, the applicant will provide protection against waste, fraud and abuse, by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and d. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 58. Will comply with requirements to acknowledge Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. 59. Will obtain, via Cal OES, the prior approval from DHS on any use of the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 60. Will comply with the requirements of the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug -free workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR 3001. 61. Will comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a subrecipient engages in severe forms of trafficking in persons during the period of time that the award is in effect, procures a commercial sex act during the period of time that the award is Page 9 Initials in effect, or uses forced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR § 175.15. 62. Will comply with Title VI of the Civil Rights Act of 1964 prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to their programs and services. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. Recipient shall comply with DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768 (April 18, 2011), resulting from Executive Order 13166. For assistance and information regarding LEP obligations, refer to DHS Recipient Guidance at https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide-meaningful- access-people-limited and additional resources on http://www.lep.gov. 63. Will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order 11738, which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters is considered research for other purposes. 64. Will comply with the requirements of the Federal regulations at 45 CFR Part 46 and the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 CFR Part 46. 65. Will comply with the requirements of the National Environmental Policy Act (NEPA), as amended, 42 U.S.C. § 4331 et seq., which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant -supported activities, DHS requires the environmental aspects of construction grants (and certain non -construction projects as specified by the Component and awarding office) to be reviewed and evaluated before final action on the application. 66. Will comply with the requirements of section 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 CFR Part 63. 67. Will comply with the requirements of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. § 4001 et seq.), which provides that no Federal financial assistance to acquire, modernize, or construct property may be provided in identified flood -prone communities in the United States, unless the community participates in the National Flood Insurance Program and flood insurance is purchased within one year of the identification. The flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of flood -prone areas that are eligible for flood insurance are published in the Federal Register by FEMA. 68. Will comply with the requirements of Executive Order 11990, which provides that federally -funded construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order provides that, in furtherance of section 101(b)(3) of NEPA (42 U.S.C. § 4331(b)(3)), Federal agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction, Page 10 Initials and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use. In making this finding, the head of the agency may take into account economic, environmental, and other pertinent factors. The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands. This is codified at 44 CFR Part 9. 69. Will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. 70. Understands the reporting of subawards and executive compensation rules, including first tier subawards to Cal OES. a. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, b. Where and when to report: you must report on each obligating action described in the following paragraphs to Cal OES. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2013, the obligation must be reported by no later than December 31, 2013.) c. What to report: You must report the information about each obligating action that the submission instructions posted in Information Bulletin 350, to Cal OES. To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm. Subgrantees must report subrecipient executive total compensation to Cal OES by the end of the month following the month during which you make the subaward. Exemptions include: If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report on subawards, and the total compensation of the five most highly compensated executives of any subrecipient. d. Reporting Total Compensation of Recipient Executives: You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR § 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR § 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) iv. Subrecipient Executives. Unless you are exempt as provided above, for each first -tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if in the subrecipient's preceding fiscal year, the subrecipient received 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR § 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal Page 11 Initials _ financial assistance subject to the Transparency Act (and subawards); and the public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986. 71. Understands that failure to comply with any of these assurances may result in suspension, termination, or reduction of grant funds. 72. The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: Ron Morrison Title: Mayor Date: Page 12 FY 2014 STATE HOMELAND SECURITY PROGRAM (SHSP) GRANT APPROVED ALLOCATION JURISDICTION FY2013 - ALLOCATION FY2014 - PROPOSED ALLOCATION CITIES LE - 25% of FY13 Allocation Non -LE TOTAL LE - 25% of FY14 Allocation Non -LE TOTAL % Change from FY2013 to FY2014 CARLSBAD 16,271 54,791 71,062 16,744 66,762 83,506 18% CHULA VISTA 29,687 120,321 150,008 30,645 148.594 179,239 19% CORONADO 5,994 15.722 21,716 6,634 18,129 24,763 14% DEL MAR - 6.939 6,939 - 7,374 7,374 6% EL CAJON 17,127 51.503 68,630 19,271 61,765 81,036 18% ENCINITAS - 32.906 32,906 - 39.312 39,312 19% ESCONDIDO 21,409 72.544 93,953 23,852 87,467 111,319 18% ESCONDIDO RINCON DEL DIABLO - 6.284 6,284 - 7.731 7,731 23% IMPERIAL BEACH - 17.305 17,305 - 19,954 19,954 15% LA MESA 9,563 31.958 41,521 10,741 37,946 48,687 17% LEMON GROVE - 16.840 16,840 - 19.535 19,535 16% NATIONAL CITY 11,561 32,268 43,829 12,637 38,290 50,927 16% NATIONAL CITY - LINCOLN ACRES - 736 736 1 - 904 904 23% OCEANSIDE 28,830 83,298 112,128 31,593 100,967 132,560 18% POWAY DECLINED FY13 DECLINED FY14 - SAN DIEGO 261,042 - 261,042 285,912 - 285,912 10% SAN MARCOS - 44.569 44,569 - 55,555 55,555 25% SAN MARCOS FIRE PROTECTION DISTRICT - 6.599 6,599 I - 8,118 8,118 23% SANTEE - 30,269 30,269 - 36,285 36,285 20% SANTEE - CSA 115 - 2,106 2,106 - 2,592 2,592 23% SOLANA BEACH - 11.012 11,012 - 12,343 12,343 12% VISTA - 48.947 48,947 - 58.887 58,887 20% VISTA FIRE PROTECTION DISTRICT - 9.592 9,592 I - 11,801 11,801 23% TOTAL CITIES 401,484 696,509 1,097,993 438,029 840,311 1,278,340 16% FIRE DISTRICTS/OTHER PORT OF SAN DIEGO 17,841 - 17,841 18,956 - 18,956 6% ALPINE - 11.954 11,954 - 13,548 13,548 13% BORREGO SPRINGS - 6.726 6,726 - 7.068 7,068 5% DEER SPRINGS - 10.567 10,567 - 11,789 11,789 12% JULIAN/CUYAMACA - 6.647 6,647 - 7.002 7,002 5% NORTH COUNTY - 25.321 25,321 - 33.369 33,369 32% RANCHO SANTA FE - 19,427 19,427 - 22,610 22,610 16% SAN MIGUEL - 61.000 61,000 - 73,798 73,798 21% VALLEY CENTER - 12.737 12,737 - 14.411 14,411 13% TOTAL FIRE DISTRICTS/OTHER 17,841 154,379 172,220 18,956 183,595 202,551 18% COUNTY DEPTS OES, HHSA-EMS - 1,380.317 1,380,317 - 1,454,998 1,454,998 5% SHERIFF 324,410 - 324,410 369,317 - 369,317 14% TOTAL COUNTY DEPTS 324,410 1,380,317 1,704,727 369,317 1,454,998 1,824,315 7% TOTAL ALLOCATIONS 743,735 2,231,205 2,974,940 826,302 2,478,904 3,305,206 11% Notes: *Personnel Cap: Each jurisdiction's allocation has a personnel cap of 50%. *San Diego Sheriff includes: Unincorporated San Diego County and the contracted cities of Del Mar, Encinitas, Imperial Beach, Lemon Grove, Poway, San Marcos, Santee, Solana Beach and Vista. RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE GRANT ASSURANCES FOR A REIMBURSABLE GRANT IN THE AMOUNT OF $51,831 FROM THE FY14 STATE HOMELAND SECURITY GRANT PROGRAM FOR THE PURCHASE OF EQUIPMENT, TRAINING, EXERCISES, AND PLANNING FOR POLICE AND FIRE PERSONNEL, AND AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET WHEREAS, the FY 2014 Homeland Security Grant Program ("Grant Program") provides reimbursable grant funds to supplement the purchase of equipment, training, exercises, and planning for police and fire personnel; and WHEREAS, the Grant Program is a reimbursable grant that requires jurisdictions to incur expenses prior to being reimbursed for expenditures by the San Diego County Office of Emergency Services; and WHEREAS, the City of National City's share of the grant funds for the purchase of equipment is $51,831, which will be divided evenly between the City's Police and Fire Department; and WHEREAS, in order to receive these grant funds, the City of National City must submit Grant Assurances for the Homeland Security Grant Program; and WHEREAS, the grant program requires the City to purchase and/or receive the purchased items prior to the December 31, 2015 deadline. WHEREAS, staff recommends the utilization of $51,831 of City funds for equipment for the Police and Fire Departments, and to request reimbursement for such expenses from the San Diego County Office of Emergency Services NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Grant Assurances from the Fiscal Year 2014 Homeland Security Grant Program to receive reimbursable grant funds in the amount of $51,831 to be divided evenly between the Police and Fire Departments for the purchase of equipment, training, exercises, and planning for police and fire personnel. BE IT FURTHER RESOLVED that staff is directed to request reimbursement of funds in the amount of $51,831 from the Fiscal Year 2014 Homeland Security Grant Program from the San Diego County Office of Emergency Services. BE IT FURTHER RESOLVED that the City Council of the City of National City authorizes the establishment of an appropriation and corresponding revenue budget in the amount of $51,831. [Signature page to follow] Resolution No. 2015 — Page Two PASSED and ADOPTED this 20th day of January, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 1/20/2015 — Page 30 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute the Memorandum of Understanding between the City of San Diego Office of Homeland Security and the City of National City regarding FY14 Urban Area Security Initiat CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE January 20, 2015 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute the Memorandum of Understanding between the City of San Diego Office of Homeland Security and the City of National City regarding FY14 Urban Area Security Initiative (UASI) Grant Funding for a reimbursable grant for equipment and training for police and fire personnel. (Fire) PREPARED BY, Walter Amedee PHONE: (619) 336-4556 EXPLANATION This Memorandum of Understanding documents roles, responsibilities, and expectations at the local, state, and federal levels and ensures that the City of National City, as a participant in the program, agrees to rneet state and federal requirements. The Urban Area Security Initiative (UASI) grant provides funding for equipment and training needed to respond to natural or man-made disasters or terrorism incidents that may occur in the San Diego urban area. FINANCIAL STATEMENT: Ar r( EMT IMO. DEPARTMENT: Fire APPROVED BY: APPROVED: r'ft Finance APPR.OVF r,. MIS Minor impact; the UASI Grant requires the City to request reimbursement for expenditures for training and equipment. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends authorizing the Mayor to execute the MOU between the City of San Diego Office of Homeland Security and the City of National City regarding FY14 UASI grant funding. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. MOU between the City of San Diego Office of Homeland Security and the City of National City regarding FY14 Urban Area Security Initiative (UASI) grant funding 2. Resolution MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF NATIONAL CITY REGARDING FY14 URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDING THIS MEMORANDUM OF UNDERSTANDING (MOU) is effective (effective date to be complete by City of San Diego City Attorneys Office) 20_, between THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY and C T T Y OF N A T T_O N A L CITY under the following terms and conditions: 1. The Participating Agency agrees to comply with the Grant Assurances for Urban Area Security Initiative (Attachment A). 2. The Participating Agency agrees to submit a Reimbursement Request Form by the 10th day of each month to request reimbursement for costs incurred in accordance with the UASI grant program guidelines. 3. The Participating Agency agrees to submit at the time of signing of this MOU, and on October 1 of each year thereafter, a verified confirmation of its public safety personnel by category and within the definitions provided in item 3.1 below for each of those categories (Attachment B). Public safety personnel shall only be counted in one category and one job classification even if they have multiple disciplines, such as Fire Fighter and Paramedic. The required listing of public safety personnel shall be by job classification from personnel, payroll and/or budgetary records by category in the format below. 3.1 Public safety personnel categories and definitions shall be as follows (civilian personnel shall not be counted): Fire Services (FS) - Personnel at the urban area jurisdiction level who are in personnel classifications which provide services as first responders and meet the Hazmat First Responder Operations level requirements of Title 29 of the Code of Federal Regulations (CFR) Section 1910.120(q) (29CFR section 1910.120(q)) and Title 8 California Code of Regulations (CCR) Section 5192. Law Enforcement (LE) — Personnel, in accordance with the provisions of California Penal Code Sections 830-832.17, who work for agencies at the local and municipal level with responsibility as sworn law enforcement officers. Emergency Medical Services (EMS) — Personnel and contractors who, on a full-time or part-time basis serve as first responders, Emergency Medical Technician (EMT) I, II or Paramedic on ground -based and aero- medical services to provide pre -hospital care, through ambulance service, 1 Memorandum of Understanding - Urban Area Security Initiative Grant Funding rescue squad, or medical engine company. Personnel must meet the requirements set forth in the California Code of Regulations Title 22. Social Security, Division 9. Pre -hospital Emergency Medical Services Chapter 2, 3 or 4. HazMat (HZ) — Personnel, full-time or part-time, who identify, characterize, or provide risk assessment, and mitigate/control the release of a hazardous substance or potentially hazardous substance as Hazardous Materials Specialists or Technicians and members of the Hazardous Incident Response Team. 4. The Participating Agency agrees to maintain all documentation supporting all expenditures reimbursed from grant funds, and ensure all expenditures are allowable under grant requirements. Recipients that expend $500,000 or more of federal funds during their respective fiscal year agree to submit an organization - wide financial and compliance audit report. The audit shall be performed in accordance with the U. S. General Accounting Office Government Auditing Standards and OMB Circular A-133 (Federal Grantor Agency: U. S. Department of Homeland Security; Pass -Through Agency: Office of Homeland Security; Program Title: Public Assistance Grants; Federal CFDA Number: 97.008). The records shall be maintained and retained in accordance with UASI grant requirements and shall be available for audit and inspection by the City and designated grant agent personnel. 5. The Participating Agency agrees that all its expenditures shall be in accordance with the pre -approved expenditure details as submitted to the City and approved by the State of California Office of Homeland Security (CA -OHS) and the U.S. Department of Homeland Security Office of Domestic Preparedness (ODP). Any deviations from the pre -approved list shall be submitted to the City for approval before making such expenditures. 6. The Participating Agency agrees to defend, indemnify, and hold harmless the City, its agents, officers, and employees, from and against all liability arising out of the Participating Agency's acts or omissions under this MOU. 7. The City agrees to defend, indemnify, and hold harmless the Participating Agency, its agents, officers, and employees, from and against all liability arising out of the City's acts or omissions under this MOU. 2 Memorandum of Understanding - Urban Area Security Initiative Grant Funding IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the City of San Diego Office of Homeland Security and the City of National City , by and through their authorized representatives. CITY OF SAN DIEGO (Signature) By: John Valencia Title: Program Manager CITY OF NATIONAL CITY (Juirisdiction) (Signature) By: Ron Morrison (Print) Title: Mayor I HEREBY APPROVE the form and legality of the foregoing Memorandum of Understanding this day of , 20_. JAN GOLDSMITH, City Attorney By: Deputy City Attorney APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 3 ATTACHMENT A California Governor's Office of Emergency Services FY 2014 Grant Assurances (All HSGP Applicants) Name of Applicant: City of National City Address: 1243 National City Boulevard City: National City State: CA Zip Code: 91950 Telephone Number: 619 — 3 3 6— 4 5 5 6 Fax Number: 619 — 3 3 6— 4 3 2 8 E-Mail Address: wamedee nationalcityca.gov As the duly authorized representative of the applicant, I certify that the applicant named above: 1. Will assure that the Funding Opportunity Announcement for this program is hereby incorporated into your award agreement by reference. By accepting this award, the recipient agrees that all allocations and use of funds under this grant will be in accordance with the requirements contained in the FY2014 Homeland Security Grant Program Funding Opportunity Announcement, the California Supplement to the FY2014 Homeland Security Grant Program Funding Opportunity Announcement, and all applicable laws and regulations. 2. All allocations and use of funds under this grant will be in accordance with the Allocations, and use of grant funding must support the goals and objectives included in the State and/or Urban Area Homeland Security Strategies as well as the investments identified in the Investment Justifications which were submitted as part of the California FY2014 Homeland Security Grant Program application. Further, use of FY2014 funds is limited to those investments included in the California FY2014 Investment Justifications submitted to DHS/FEMA and Cal OES and evaluated through the peer review process. 3. Understands that in the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMD@a,dhs.gov if you have any questions. 4. Has the legal authority to apply for Federal assistance and has the institutional, managerial and financial capability to ensure proper planning, management and completion of the grant provided by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) and sub - granted through the State of California, California Governor's Office of Emergency Services (Cal OES). 5. Will assure that grant funds are used for allowable, fair, and reasonable costs only and will not be transferred between grant programs (for example: State Homeland Security Program and Urban Area Security Initiative) or fiscal years. 6. Will comply with any cost sharing commitments included in the FY2014 Investment Justifications submitted to DHS/FEMA/Cal OES, where applicable. 7. Will establish a proper accounting system in accordance with generally accepted accounting standards and awarding agency directives. Page 1 Initials 8. Will give the DHS/FEMA, the General Accounting Office, the Comptroller General of the United States, the Cal OES, the Office of Inspector General, through any authorized representatives, access to, and the right to examine, all paper or electronic records, books, and documents related to the award, and will permit access to its facilities, personnel and other individuals and information as may be necessary, as required by DHS/FEMA or Ca1 OES, through any authorized representative, with regard to examination of grant related records, accounts, documents, information and staff. 9. Agrees, and will require any subrecipient, contractor, successor, transferee, and assignee to acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. a. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS or Cal OES. b. Recipients must give DHS and Cal OES access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS and Ca1 OES program guidance, requirements, and applicable laws. c. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance, and recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. d. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS/Cal OES awarding office and the DHS Office of Civil Rights and Civil Liberties. e. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek judicial enforcement of these obligations. 10. Will comply with any other special reporting, assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this agreement, or detailed in the program guidance. 11. Agrees that funds utilized to establish or enhance State and Local fusion centers must support the development of a statewide fusion process that corresponds with the Global Justice/Homeland Security Advisory Council (HSAC) Fusion Center Guidelines, follow the Federal and State approved privacy policies, and achieve (at a minimum) the baseline level of capability as defined by the Fusion Capability Planning Tool. 12. Understands that a hold is in place on Fusion Center activities and the applicant is prohibited from obligating, expending, or drawing down HSGP — UASI funds in support of their State and/or Major Urban Area Fusion Center. Cal OES will notify the subgrantee in writing when DHS/FEMA has lifted the hold. 13. Will initiate and complete the work within the applicable timeframe (subgrantee performance period), in accordance with grant award terms and requirements, after receipt of approval from Cal OES and will maintain procedures to minimize the amount of time elapsing between the award of funds and the disbursement of funds. Page 2 Initials 14. Will provide timely, complete and accurate progress reports, and maintain appropriate support documentation to support the reports, and other such information as may be required by the awarding agency, including the Initial Strategy Implementation Plan (ISIP), within 45 (forty-five) days of the award, and update these reports and related documentation via the Grant Reporting Tool (GRT) twice each year. 15. Will provide timely notifications to Cal OES of any developments that have a significant impact on award - supported activities, including changes to key program staff. 16. Agrees to be non -delinquent in the repayment of any Federal debt. Examples of relevant debt , include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A- 129 and form SF-424B, item number 17 for additional information and guidance. 17. Will comply with the requirements of 31 U.S.C. § 3729, which set forth that no subgrantee, recipient or subrecipient of federal payments, shall submit a false claim for payment, reimbursement, or advance. Administrative remedies may be found in 38 U.S.C. §§ 3801-3812, addressing false claims and statements made. 18. Will comply with all applicable provisions of DHS/FEMA's regulations, including Title 44 of the Code of Federal Regulations, Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, including the payment of interest earned on advances. 19. Will comply with the Office of Management and Budget (OMB) Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (also known as the "A-102 Common Rule"), which are also located found within DHS regulations at Title 44, Code of Federal Regulations (CFR) Part 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"; will comply with OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations, relocated to 2 CFR Part 215. 20. Will comply with the financial and administrative requirements set forth in the current edition of the DHS Financial Management Guide; OMB Circular A-21, Cost Principles for Educational Institutions, relocated to 2 CFR Part 220; OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, relocated to 2 CFR Part 225; OMB Circular A-122, Cost Principles for Non -Profit Organizations, relocated to 2 CFR Part 230; and OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations, as applicable. 21. Will comply with all provisions of the Federal Acquisition Regulations, including but not limited to Title 48 CFR Part 31.2, part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations. 22. Will comply with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 23. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes, or presents the appearance of, personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business, or other connections. 24. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government, without the express prior written approval from DHS/FEMA and Cal OES. 25. Will comply with all applicable lobbying prohibitions and laws, including those found 31 U.S.C.§ 1352., and agrees that none of the funds provided under this award may be expended by the recipient to pay any Page 3 Initials person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal of any Federal contract, grant, loan, or cooperative agreement. 26. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority -owned, women -owned, or disadvantaged businesses, to the extent practicable. 27. Will comply with Title 2 of the Code of Federal Regulations Part 225, Appendix A, paragraph (C)(3)(c), which provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority may not be charged to other Federal awards to overcome fund deficiencies. 28. Will ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non -Federal sources. Subgrantees and subrecipients may be required to demonstrate and document that a reduction in non -Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds. 29. Will comply, if applicable, with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4801 et seq.), which prohibits the use of lead based paint in construction or rehabilitation of structures. 30. Will comply with all federal and state laws and regulations relating to civil rights protections and nondiscrimination. These include, but are not limited to: a. Title VI of the Civil Rights Act of 1964, Public Law 88-352, (42 U.S.C. § 2000d et seq.), codified at 6 CFR Part 21 and 44 CFR Part 7, which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.), which prohibits discrimination on the basis of gender in educational programs and activities. These regulations are codified at 6 CFR Part 17 and 44 CFR Part 19. c. The Americans with Disabilities Act, as amended, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. § 12101 et seq.). d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse. f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. g. Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records. h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq., as implemented by 24 CFR Part 100), as amended, relating to nondiscrimination in the sale, rental and financing of housing. i. Title 44 of the Code of Federal Regulations (CFR) Parts 7, 16, and 19 relating to nondiscrimination. j. The requirements of any other nondiscrimination provisions in the specific statute(s) under which the application for Federal assistance is being made and any other applicable statutes. k. The requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which provides that no otherwise qualified individual with a disability in the United States will, solely by reason of the disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. 1. Will, in the event that a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national Page 4 Initials origin, gender, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office of Civil Rights, Office ofJustice Programs. m. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. n. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements and all other provisions of the current edition of the Office ofJustice Programs Financial and Administrative Guide for Grants, M7100.1. 31. Will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq. [P.L. 91-646]), which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally assisted programs. These requirements apply to all interested in real property acquired for project purposes regardless of Federal participation in purchases. Will also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -assisted programs. 32. Will comply with all provisions of DHS/FEMA's regulation 44 CFR Part 10, Environmental Considerations. 33. Will comply with all applicable Federal, State, and Local environmental and historical preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP requirements and obtain applicable permits may jeopardize Federal funding. Agrees not to undertake any project having the potential to impact EHP resources without the prior written approval of DHS/FEMA and Cal OES, including, but not limited to, ground disturbance, construction, modification to any structure, physical security enhancements, communications towers, any structure over 50 years old, and purchase and/or use of any sonar equipment. The subgrantee must comply with all conditions and restrictions placed on the project as a result of the EHP review. Any construction -related activities initiated without the necessary EHP review and approval will result in a noncompliance finding, and may not be eligible for reimbursement with DHS/FEMA and Cal OES funding. Any change to the scope of work will require re-evaluation of compliance with the EHP. If ground -disturbing activities occur during the project implementation, the subgrantee must ensure monitoring of the disturbance. If any potential archeological resources are discovered, the subgrantee will immediately cease activity in that area and notify DHS/FEMA/ and Cal OES and the appropriate State Historic Preservation Office. 34. Any construction activities that have been initiated prior to the full environmental and historic preservation review could result in a non-compliance finding. Subgrantees must complete the DHS/FEMA EHP Screening Form (OMB Number 1660-0115/FEMA Form 024-0-01) and submit it, with all supporting documentation, to their Cal OES program representative, for processing by the DHS/FEMA GPD EHP. 35. Grantees should submit the FEMA EHP Screening Form for each project as soon as possible upon receiving their grant award. The Screening From for these types of projects is available at: www.fema.gov/doc/government/grant/bulIetins/info329 final screening memo.doc. 36. Will ensure that the facilities under its ownership, lease or supervision, which shall be utilized in the accomplishment of this project, are not on the Environmental Protection Agency's (EPAs) List of Violating Facilities, and will notify Cal OES and the DHS/FEMA of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating if a facility to be used in the project is under consideration for listing by the EPA. 37. Will provide any information requested by DHS/FEMA/ and Cal OES to ensure compliance with applicable laws including, but not limited to, the following: a. Institution of environmental quality control measures under the Archaeological and Historic Preservation Act, Endangered Species Act, and Executive Orders on Floodplains (11988), and Environmental Justice (EO12898) and Environmental Quality (EO11514). Page 5 Initials b. Notification of violating facilities pursuant to EO 11738. c. Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § 1451 et seq.). d. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523). e. California Environmental Quality Act (CEQA), California Public Resources Code Sections 21080- 21098, and California Code of Regulations, Title 14, Chapter 3 §§ 15000-15007. f. Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. g. Applicable provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC § 3501 et seq.), which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 38. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, § 8607.1(e) and CCR Title 19, §§ 2445, 2446, 2447, and 2448. 39. Agrees that subgrantees and subrecipients collecting Personally Identifiable Information (PII) must have a publically-available privacy policy that describes what PII they collect, how they plan to use the PII, whether they share PII with third parties, and how individuals may have their PII corrected where appropriate. Subgrantees and subrecipients may also find DHS Privacy Impact Assessments, guidance and templates online at http://www.dhs.gov/xlibrary/assets/privacy/privacvpia fuidancejune2010.pdf and at http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia template.pdf, respectively. 40. Agrees that all DHS/FEMA-funded project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, and approvals are obtained. 41. Will comply with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225(a), whereby all subgrantees, recipients, and subrecipients must ensure that all conference, meeting, convention, or training space, funded in whole or in part with Federal funds, complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. § 2225. 42. Will comply with the Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981 amendment to Comptroller General Decision B138942. 43. Agrees that all publications created or published with funding under this grant shall prominently contain the following statement: "This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies ofFEMA's Grant Programs Directorate or the U.S. Department of Homeland Security." The recipient also agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security. " 44. Acknowledges that DHS/FEMA reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a) the copyright in any work developed under an award or sub -award; and b) any rights of copyright to which a recipient or sub -recipient purchases ownership with Federal support. The recipient must affix the applicable copyright notices of 17 U.S.C. section 401 or 402 and an acknowledgement of Government sponsorship (including award number) to any work first produced under Federal financial assistance awards, unless the work Page 6 Initials _ includes any information that is otherwise controlled by the Government (e.g. classified information or other information subject to national security or export control laws or regulations). The recipient agrees to consult with DHS/FEMA and Cal OES regarding the allocation of any patent rights that arise from, or are purchased with, this funding. 45. Recipients receiving Federal financial assistance to be used to perform eligible work approved in the submitted application for Federal assistance and after the receipt of Federal financial assistance, through the State of California, agrees to the following: a. Promptly return to the State of California all funds received which exceed the approved, actual expenditures as determined by the Federal or State government. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Property and equipment purchased under the HSGP reverts to Cal OES if the grant funds are deobligated or disallowed and not promptly repaid. d. HSGP funds used for the improvement of real property must be promptly repaid following deobligation or disallowment of costs, and Cal OES reserves the right to place a lien on the property for the amount owed. e. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $100 per Federal Fiscal Year. 46. Understands that recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. 47. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. § 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 48. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. § 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 49. Agrees that "Classified national security information," as defined in Executive Order (EO) 12958, as amended or updated via later executive order(s), means information that has been determined pursuant to EO 12958 to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. No funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for and granted access to such information by appropriate authorities. 50. Agrees that where an award recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subrecipient, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch (ISPB), or, an appropriate official within the Federal department or agency with whom the classified effort will be performed. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7, 2008; EOs 12829, 12958, 12968, and other applicable executive orders; the National Industrial Security Program Operating Manual (NISPOM); and other applicable implementing directives or instructions. Security requirement documents may be located at: http://www.dhs.gov/xopnbiz/grants/index.shtm Page 7 Initials _ 51. Immediately upon determination by the award recipient that funding under this award may be used to support a contract, subaward, or other agreement involving access to classified national security information pursuant to paragraph 47, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement, the award recipient shall contact ISPB, and the applicable Federal department or agency, for approval and processing instructions. DHS Office of Security ISPB contact information: Telephone: 202-447-5346 Email: DD254AdministrativeSecurity@dhs.gov Mail: Department of Homeland Security Office of the Chief Security Officer ATTN: ASD/Industrial Security Program Branch Washington, D.C. 20528 52. Will comply with the requirements regarding Data Universal Numbering System (DUNS) numbers. If recipients are authorized to make subawards under this award, they must first notify potential subrecipients that no entity may receive or make a subaward to any entity unless the entity has provided a DUNS number. For purposes of this award term, the following definitions will apply: a. "Data Universal Numbering System (DUNS)" number means the nine digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet, currently at http://fedgov.dnb.com/webform. "Entity", as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C, as a Governmental organization, which is a State, local government, or Indian Tribe; or a foreign public entity; or a domestic or foreign nonprofit organization; or a domestic or foreign for - profit organization; or a Federal agency, but only as a sub recipient under an award or subaward to a non -Federal entity. "Subaward" means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. It does not include your procurement of property and services needed to carry out the project or program (for further explanation, see section 210 of the attachment to OMB Circular A-133,"Audits of States, Local Governments, and Non -Profit Organizations") and may be provided through any legal agreement, including an agreement that you consider a contract. "Subrecipient" means an entity that receives a subaward from you under this award, and is accountable to you for the use of the Federal funds provided by the subaward. b. c. d. 53. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. § 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for Federally -assisted construction sub -agreements. 54. Agrees that equipment acquired or obtained with grant funds: a. Will be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement, in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. b. Is consistent with needs as identified in the State Homeland Security Strategy and will be deployed in conformance with that Strategy. 55. Will comply with Homeland Security Presidential Directive (HSPD)-5, Management of Domestic Incidents. The adoption of the National Incident Management System (NIMS) is a requirement to receive Federal preparedness assistance, through grants, contracts, and other activities. The NIMS provides a consistent Page 8 Initials nationwide template to enable all levels of government, tribal nations, nongovernmental organizations, and private sector partners to work together to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity. 56. Will comply with OMB Standard Form 424B Assurances — Non construction Programs, whereby the awarding agency may require subgrantees and subrecipients to certify to additional assurances. 57. Will not make any award or permit any award (subgrant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension." As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 17, for prospective participants in primary covered transactions, the applicant will provide protection against waste, fraud and abuse, by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and d. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 58. Will comply with requirements to acknowledge Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. 59. Will obtain, via Cal OES, the prior approval from DHS on any use of the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. 60. Will comply with the requirements of the Drug -Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug -free workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR 3001. 61. Will comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 175. This is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a subrecipient engages in severe forms of trafficking in persons during the period of time that the award is in effect, procures a commercial sex act during the period of time that the award is Page 9 Initials _ in effect, or uses forced labor in the performance of the award or subawards under the award. Full text of the award term is provided at 2 CFR § 175.15. 62. Will comply with Title VI of the Civil Rights Act of 1964 prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to their programs and services. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. Recipient shall comply with DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768 (April 18, 2011), resulting from Executive Order 13166. For assistance and information regarding LEP obligations, refer to DHS Recipient Guidance at https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide-meaningful- access-people-limited and additional resources on http://www.lep.gov. 63. Will comply with the requirements of 42 U.S.C. § 7401 et seq. and Executive Order 11738, which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters is considered research for other purposes. 64. Will comply with the requirements of the Federal regulations at 45 CFR Part 46 and the requirements in DHS Management Directive 026-04, Protection of Human Subjects, prior to implementing any work with human subjects. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 CFR Part 46. 65. Will comply with the requirements of the National Environmental Policy Act (NEPA), as amended, 42 U.S.C. § 4331 et seq., which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant -supported activities, DHS requires the environmental aspects of construction grants (and certain non -construction projects as specified by the Component and awarding office) to be reviewed and evaluated before final action on the application. 66. Will comply with the requirements of section 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 CFR Part 63. 67. Will comply with the requirements of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. § 4001 et seq.), which provides that no Federal financial assistance to acquire, modernize, or construct property may be provided in identified flood -prone communities in the United States, unless the community participates in the National Flood Insurance Program and flood insurance is purchased within one year of the identification. The flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of flood -prone areas that are eligible for flood insurance are published in the Federal Register by FEMA. 68. Will comply with the requirements of Executive Order 11990, which provides that federally -funded construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order provides that, in furtherance of section 101(b)(3) of NEPA (42 U.S.C. § 4331(b)(3)), Federal agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction, Page 10 Initials and that the proposed action includes all practicable measures to minimize harm to wetlands that may result from such use. In making this finding, the head of the agency may take into account economic, environmental, and other pertinent factors. The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands. This is codified at 44 CFR Part 9. 69. Will comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified materials. "Restricted persons," as defined by the act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. 70. Understands the reporting of subawards and executive compensation rules, including first tier subawards to Cal OES. a. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, b. Where and when to report: you must report on each obligating action described in the following paragraphs to Cal OES. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2013, the obligation must be reported by no later than December 31, 2013.) c. What to report: You must report the information about each obligating action that the submission instructions posted in Information Bulletin 350, to Cal OES. To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm. Subgrantees must report subrecipient executive total compensation to Cal OES by the end of the month following the month during which you make the subaward. Exemptions include: If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report on subawards, and the total compensation of the five most highly compensated executives of any subrecipient. d. Reporting Total Compensation of Recipient Executives: You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR § 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR § 170.320 (and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under Section I3(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) iv. Subrecipient Executives. Unless you are exempt as provided above, for each first -tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if in the subrecipient's preceding fiscal year, the subrecipient received 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR § 170.320 (and subawards); and $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal Page 11 Initials — financial assistance subject to the Transparency Act (and subawards); and the public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or § 6104 of the Internal Revenue Code of 1986. 71. Understands that failure to comply with any of these assurances may result in suspension, termination, or reduction of grant funds. 72. The undersigned represents that he/she is authorized by the above named applicant to enter into this agreement for and on behalf of the said applicant. Signature of Authorized Agent: Printed Name of Authorized Agent: Ron Morrison Title: Mayor Date: Page 12 Attachment B Date: CERTIFICATION OF PUBLIC SAFETY PERSONNEL BY CATEGORY FY 14 UASI Agency: City of National City Authorized Agent Name: Ron Morrison Authorized Agent Signature: Public safety personnel shall only be counted in one category, as defined in the Memorandum of Understanding between the City of San Diego and the participating agency, and one job classification even if they have multiple disciplines, such as Fire Fighter and Paramedic. The required listing of public safety personnel shall be by job classification from personnel, payroll and/or budgetary records. For classifications not listed, please use the additional lines within each category. CATEGORY — EMERGENCY MEDICAL SERVICES JOB CLASSIFICATION NUMBER OF PERSONNEL EMERGENCY MEDICAL TECHNICIAN I EMERGENCY MEDICAL TECHNICIAN II PARAMEDIC LIFEGUARD I LIFEGUARD II LIFEGUARD III LIFEGUARD SERGEANT MARINE SAFETY LIEUTENANT LIFEGUARD CHIEF TOTAL 0 CATEGORY - FIRE SERVICES JOB CLASSIFICATION NUMBER OF PERSONNEL FIRE FIGHTER 18 FIRE ENGINEER 9 FIRE CAPTAIN 9 FIRE BATTALION CHIEF 4 Attachment B DIRECTOR OF EMERGENCY SERVICES 1 TOTAL 41 CATE ` - HAZARDOUS INCIDENT RESPONSE TEAM JOB CLASSIFICATION NUMBER OF PERSONNEL HAZARDOUS MATERIALS SPECIALIST HAZARDOUS MATERIALS TECHNICIAN TOTAL 0 ATEGOR = NT JOB CLASSIFICATION NUMBER OF PERSONNEL POLICE OFFICER 44 POLICE CORPORAL 21 POLICE SERGEANT 14 POLICE LIEUTENANT 4 POLICE CAPTAIN 2 POLICE CHIEF 1 TOTAL 86 RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF NATIONAL CITY REGARDING FY14 URBAN AREA SECURITY INITIATIVE GRANT FUNDING FOR A REIMBURSABLE GRANT FOR EQUIPMENT AND TRAINING FOR POLICE AND FIRE PERSONNEL WHEREAS, the Urban Area Security Initiative ("UASI") grant provides funding for equipment and training needed to respond to natural or man-made disasters or terrorism incidents that may occur in the San Diego urban area; and WHEREAS, the City of National City is required to execute a Memorandum of Understanding with the City of San Diego Office of Homeland Security that documents the roles, responsibilities, and expectations at the local, state, and federal levels, and ensures that the City of National City, as a participant in the program, agrees to meet the State and federal requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Memorandum of Understanding with the City of San Diego Office of Homeland Security regarding the Fiscal Year 2014 Urban Area Security Initiative Grant Funding Program. Said Memorandum of Understanding is on file in the office of the City Clerk. PASSED and ADOPTED this 20th day of January, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 1/20/2015 — Page 50 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) awarding a contract in the not -to -exceed amount of $79,000.00 to Downstream Services, Inc. for the National City Culvert Barrier Project, CIP No. 14-06; 2) authorizing a 15% contingency in th CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 20, 2015 f AGENDA ITEM NO. [ ITEM TITLE Resolution of the City Council of the City of National City, 1) awarding a contract in the not -to -exceed amount of $79,000.00 to Downstream Services, Inc. for the National City Culvert Barrier Project, CIP No. 14-06; 2) authorizing a 15% contingency in the amount of $11,850.00 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: (Kenneth Fernandez, P.E.J PHONE: I336-4388i APPROVED BY: EXPLANATION: f See attached. DEPARTMENT: lEngineerina/Public Works 111 FINANCIAL STATEMENT:; APPROVED: :_Finance ACCOUNT NO. j APPROVED: 001-416-030-299-0000 (General Funds — Environmental Compliance): $39,000.00 001-409-500-598-7062 (Drainage Improvements Paradise Creek): $40,000.00 ENVIRONMENTAL REVIEW: [N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: [Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution MIS EXPLANATION The National City Culvert Barrier Project, CIP No. 14-06, proposes inlet and outlet grates along a major storm drainage open channel and culvert (tunnel) system intersecting Harbison Avenue and E Plaza Boulevard. Improvements of said project consist of site preparation, fabrication, and installation of welded and galvanized steel culvert barriers at six separate locations. On November 21, 2014, the bid solicitation was advertised in local newspapers and posted on the City's website. On December 18, 2014, three (3) sealed bids were received by the 10:30 AM deadline, opened, and publicly disclosed. Downstream Services, Inc. was the apparent low bidder with a total bid amount of $79,000.00. Upon review of all documents submitted and performing multiple reference checks, Downstream Services' bid is responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Attached are the bid opening results and a summary of the three lowest bidders for your information. Staff recommends awarding the construction contract to Downstream Services, Inc. in the not -to -exceed amount of $79,000.00 and authorizing a 15% contingency in the amount of $11,850.00 for any unforeseen changes. -* OnIFORM IA +-H- NionigNAL CI rit ><lvcospa�a:�p BID OPENING RESULTS NAME: NATIONAL CITY CULVERT BARRIERS CIP NO: 14-06 DATE: Thursday, December 18, 2014 TIME: 10:30 A.I. ESTIMATE: S80,000 PROJECT ENGINEER: Kenneth Fernandez, P.E. NO. BIDDER'S NAME (Add. #1 PAGE 1-2) BID AMOUNT (Add. #1 PAGE 1-1) ADDENDA (Add. #1 PAGE 1-1) BID SECURITY (PAGE 1-5) -CHECK (PAGE 1-6) (BOND) 1. c Downstream Services, Inc. 2855 Progress Place Escondido, CA 92029 $79,000.00 Yes Bond 2. M.A. Stevens Construction 125 E. 17th Street National City, CA 91950 $89,796.00 Yes Bond 3. A.B. Hashmi, Inc. 12316 Oak Knoll Road, Suite J Poway, CA 92064 $188,000.00 Yes Bond Item No. 1 3 SASE BID Nationa City Culvert Barrier Project CIP No. 14-06 Downstream Services, Inc. MA Stevens Construction, Inc A B Hashmi Deszription Mobilization/Demobilization Clearing and Grubbing Culvert Barrier - Inlet 1 4 Culvert Barrier - Outlet 1 5 Culvert Barrier - Inlet 2 6 Culvert Barrier - O:itlet 2 7 Culvert Barrier - Inlet 3 8 Culvert Barrier - Inlet 4 Field Orders Extension Unit Qty. Unit Price (Quantity x Unit Price) Unit Price LS 1 $ 5,000.00 $ 5,000 00 $ 5,000.00 LS LS LS LS LS 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 1 $ 12,000.00 $ 12,000.00 $ 12,466.00 1 $ 12,000.00 $ 12,000.00 $ 12,466.00 1 $ 8,000.00 $ 8,000.00 $ 12,466.00 1 $ 12,000.00 $ 12,000.00 $ 12,466.00 LS 1 $ 12,000.00 $ 12,000.00 $ 12,466.00 LS 1 $ 8,000.00 $ 8,000.00 $ 12,466.00 AL 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 Base Bid Total y Dal Base Bid Total Extension Unit Price Quantity x Unit $ 5,000 00 $ 3,000.00 $ 3,000.00 $ 15,000.00 $ 15,000.00 $ 27,500.00 $ 27,500.00 $ 27,500.00 $ 27,500.00 $ 27,500.00 $ 27,500.00 $ 27,500.00 $ 27,530.00 $ 27,500.00 $ 27,500.00 $ 27,500.00 $ 27,500.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 89,796 00 Base Bid Total $ 188,000.00 Extension (Quantity x Unit Price) $ 5,000 00 $ 12,466 00 $ 12,466 00 $ 12,466 00 $ 12,466 00 $ 12,466 00 $ 12,466 00 TOTALS CALCULATED BY BIDDERS: $ 79,000.00 $ 89,796.00 $ 182,030.00 RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE NOT -TO -EXCEED AMOUNT OF $79,000 TO DOWNSTREAM SERVICES, INC., FOR THE NATIONAL CITY CULVERT BARRIER PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $11,850 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the Engineering Division of the Development Services Department, in open session on December 18, 2014, did publicly open, examine, and declare three sealed bids for the National City Culvert Barrier Project; and WHEREAS, Downstream Services, Inc., was the lowest responsive bidder with a total bid amount of $79,000, and is qualified to perform the work as described in the project specifications; and WHEREAS, a 15% contingency amount up to $11,850 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Culvert Barrier Project to the lowest responsive, responsible bidder, to wit: DOWNSTREAM SERVICES, INC.. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $79,000 with Downstream Services, Inc., for the National City Culvert Barrier Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 15% contingency amount up to $11,850 for unforeseen changes to the Project. PASSED and ADOPTED this 20th day of January, 2015. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 1/20/2015 — Page 56 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with signage in front of the residence at 1931 "K" Avenue (TSC 2014-17) (Engineering/Public Works) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 20, 2015 AGENDA ITEM NO. ITEM TITU Resolution of the City Council of the City of National City authorizing the installation of a biue curb handicap parking space with signage in front of the residence at 1931 "K' Avenue (TSC 2014-17) PREPARED BY: Kenneth Fernandez, PF PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering and Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution to install a blue curb handicap parking space with signage in front of 1931 "K" Avenue. BOARD / COMMISSION RECOMMENDATION: At their meeting on December 10, 2014, the Traffic Safety Committee unanimously approved the staff recommendation to install a blue curb handicap parking space with signage in front of the residence at 1931 "K" Street. ATTACHMENTS: 1, Explanation 2. Staff Report to the Traffic Safety Committee on December 10, 2014 (TSC 2014-17) 3. Resolution EXPLANATION Mr. Jack Coelho, resident of 1931 "K" Avenue, Apartment "S", has requested a blue curb handicap parking space in front of his residence due to physical limitations. The residence is located on the east side of "K" Avenue just north of E. 20th Street. Mr. Coelho possesses a valid disabled person placard from the California Department of Motor Vehicles. Staff visited the site and verified that the aforementioned residence does not have an accessible driveway or garage to accommodate a vehicle with a disabled driver or passenger. Staff observed a private tenant parking lot located at the back of the building via a north -south alley. However, the concrete pathway leading from the private tenant parking lot to the entrance of the apartment complex has a steep grade which approaches 14.5% near the top of the ramp. Grades that exceed a 1:12 (3.33%) slope do not comply with Americans With Disabilities Act (ADA) requirements. Therefore, disabled persons are required to enter the apartment from "K" Avenue where grades are level. Based on the topography of the property and other physical constraints, construction of an ADA accessible pedestrian ramp from the rear parking lot to the apartment entrance would be cost prohibitive. There is approximately 100 feet of existing unrestricted parallel parking located on the east side of "K" Avenue between E. 20th Street and the first driveway apron just north of the residence. Currently, there is one on -street handicap parking space provided in front of 1923 "K" Avenue, which is located just north of 1931 "K" Avenue. Per the City Council Disabled Persons Parking Policy, since the total number of on -street handicap parking spaces (including the proposed handicap parking space in front of 1931 "K" Avenue) would not exceed 3% of the total number of available on -street parking spaces in the area, Mr. Coelho's request is eligible for further consideration. The City Council Disabled Persons Parking Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. Since aii three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with signage in front of the residence at 1931 "K" Avenue. If approved by City Council, all work will be performed by City Public Works. NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR DECEMBER 10. 20114 , ITEM TITLE ITEM NO.' 2014-17 REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGNAGE IN FRONT OF 1931 "K" AVENUE (BY J. COELHO) PREPARED BY; Kenneth Fernandez, P.E. Engineering and Public Works Department, Engineering Division DISCUSSION: Mr. Jack Coelho, resident of 1931 `K" Avenue. Aparrnent `8>, has requested a blue curb hand:cap parking space in front of his residence due tc physical limitations. The re vide ec I.a:Egad urthe east side of 71.r Avenue t�1l.VIV i.✓k 4Oa_Yeert E. IS'Street and E. 2C=' Street. Mr. Coelho possesses a valid disabled person placard from the California Department of Motor Vehicles. Staff visited the site and verified that the aforementioned residence does not have an accessible driveway or garage to accommodate a vehicle with a disabled driver or passenger. Staff observed a private tenant parking lot ioca►ea at the back of the lot via a r:orth-seuth alley between "K" and "L" Avenues, However, the side yard concrete pathway reading from the private tenant parking lot to the front of the apartment complex exceees a 1:12 (8.33%) slope at 14.5% near the top of the ramp. By observation, changes to the topography of the lot or the installation of an ADA-accessible ramp would be space- and cost -prohibitive. The curb length immediately in front of the apartment ccorralex Gets teen adaocent driveway aprons is approximately 100 feet, Stair :also epoke tw a. Lourdes Marines, the property ; lleriPt, itnrh of the ±p rtnignt comp`ex. at City i-iaii and at the site. She is in support ci. her tenant's concern and has n City Hall and rt. asked Fagineeaing to consider Mr. Coelho's request. Currently, there ;s one (1) on -street handicap parking spaces provided immediately to the math at 1923 `K" Avenue. The City Council ilas adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship' oases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for `disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front (or side if on a comer lot) of the applicant's (or guardian's) place of residence. This condition is met The residence must not have useable off-street parking available or an off -sheet space available that may be converted into disabled parking. This coo:Rion is met Based on the site evaluation. staff has determined that accessible parking is not available on the property. As a result, per the City Council Pir8r,r, Parking Policy, Mr. Coelho's request is eligible for further consideration. ft .1:rai: 14E4 hardiono pamirtg apcec'as do not oonztituts crEAS'erVCid Z•Vierlgi crfdt sr4 rtr vsc%.{!.estiec i.larsone placards MeV park in haridi-zlip apacias. STAFF RECOMMENDATION: Since all three conditions of the City CoLrAcirs Disabled Persons Parking Policy are met for this aSpecial Hardshipcase, staff recommends installation of a blue curb handicap parking space with signage in front of the residence at 1931 lc Avenue_ EXHIBITS: 1. Correspondelce 2. Location Map 3. Photos 4. Disab;ed Persons paring Polty 2014-17 Ansa Tro. Desk OE D..cM. Desch M.n, r Pdmocrwy&caucaa Co*e 2929 Haab b Quiet Dam Sae Diego, CA 92123 0050) 9394570 Medical Gimp COELHOACK V Y# 204230497 MR 01-01-9049 CRR DOB (7/1934 79 1931 K AYE APT B M FSC: FISH NATIONAL CITY,C 91950 CM: 35.00 H 619.477--1905 W F SC MC 2 LOC: SDM RP: OP: COL DUA APPT: 07/01/14 09:49AM TYPE: OFV DR: BARNETT MD,DAVE 51492 DEPT: PUL PCP: PACAL MD,ADAM RODGER OMHCL OMRN: SHC 100-319.457 rot+ f%UA• eat i 747 10 V, /4 jods 4,41"46 r'r°14* i I;;iG at: Lt itrki DEPT,. From Litr{c?fit 11111ji2E .:i Dave ;v1. lie a m:. iv;.D...?CC? Pilleterney tlr t'..idc.i Cr.a 2929 Hal Cwnes San Diego, CA 9211.1 .0509394s57P Rees-Stealy �: ,y Medical Group COELHO, JACK V V# 20423049f MR 01-01-eron CRR DOB 09/07/1934 79 1031 IBC AVE APT B M FSC: HSH NATIONAL CITYrC 91950 CJP: 35.00 H 619-477.1605 W FSC MC2 LOC: SDM RP: .0P: COL. DUA APPT: 07101114 09:40AM TYPE:. OFV DR: BARNETf MD,DAVE 51482 DEPT: Put. PCP: PACAL MADAM RODGER OMHCI. OMRN: BHC 100-319-457 ea" Wise. 7.m :74-5 4.4 44)--or-4,144.t.:, r �ry �%Y J 7-e,,etdezz) ( r .r ***CUSTOMER rY:._;I_:" COPY'EXPIRES: 06/30 2015 ***-DISABLED _ ER SO$. PLACARD NUMBER: B753607 .COBLHO JiACK• V tR PO BX 86272 .TL;. 1 T: 92 PL A C A_R D DM' ISSUED: 07/01/14 MOJYR: VU :.. F ES RECVD: O'', '1r1'41 AMT DUE ;tis,_rN�, RECVD - CASH . SAD DIEGO C__= CA 82138. CRDT M F ;• 37 31.3 25 000000C 400.E CS 1i00 070114 NI H753607 DEFAR7KENT OF MOTOR VEHICLES PLACARD IDENTIFICATION CARD THIS I7ENTIFfCATION CA n OR FACSIMILE COPY IS TO BE CARRIED BY THE PLACARD OWNER. PRESENT _ TO ANY PEACE OFFICER UPON DEMAND. IM. ZATELY NOTIFY DMV BY PHONE OR ''AIL C'i .!'Y CHANGE OF ADDRESS. WHEN PARKING. HANG THE PLACARD RCM THE REAR VIEW _ IRROR. REMOVE IT WHEN DRIVING. PLACA::: * : TYPE. ' 6/3 1, •••r L'..Lr 0 %/y i 19v 07/01/14 N1 SAN DIEGO CA PLACARD HOLDER: CCI LHC' ,7AO,K 7IEAA PO gyres C i :: % 2 92138 PURCHASE OF FUEL (BUSINESS & PROFESSIONS CODE 13660): STATE LAW REQUIRES SERVICE STATIONS TO REFUEL A DISABLED PERSON'S•VEHICLE AT SELF—SERVICE RATES, EXCEPT SELF—SERVICE FACILITIES WITH ONLY ONE CASHIER. WHEN YOUR PLACARD IS PROPERLY DISPLAYED, YOU MAY PARK IN/ON: *DISABLED PERSON PARKING SPACES (BLUE ZONES) *STREET METERED ZONES WITHOUT PAYING *GREEN ZONES WITHOUT RESTRICTIONS TO TIME LIMITS * S ET WHERE PREFERENTIAL PARKING PRIVILEGES ARE GIVEN TO RESIDENTS AND MERCHANTS. YOU MAY NOT PARK IN/ON: *RED ZONES *TOW AWAY ZONES *WHITE OR YELLOW ZONES *SPACES MARKED BY CROSSHATCH LINES NEXT TO DISABLED PERSON PARKING SPACES - IT I5 CONSIDERED MISUSE: *TO DISPLAY A PLACARD UNLESS THE' DISASLLD OWNER IS BEING TRANSPORTED *TO DISPLAY A'• PLACARD WHICH HAS.BEEN CANCELLED .OR REVOKED: * p0 LOAN YOUR • PLACARD TO ANYONE, . INCLUDING FAMILY MEMBERS. • . MISUSE IS A MISDEMEANOR (SECTION 4461VC) AND CAN RESULT IN CANCELLATION OR .REVO.CA`:ION .OF THE-PLACj.,RD: TOSS (fir PARKING PRIVILEGES. ,AND/PR. r S. , Location Map PARKING ONLY R9o(coo, Tenant, twarking for 1931 191G4 Ave! (thretighl alley) CLN-, PARKING ONLY Location of Proposed Blue Curb and Signage at 1931 "K" Avenue (looking northeast) Private Tenant Parking Lot of 1931 "K" Avenne accessible through easterly alley (looking wait) Access from tenant parking lot to front of 1931 "K" Avenue in excess of 1:12 (8.33434) scope (looking west) DISABLED PERSONS PARKING POLICY The purpose of a disabled perms paddog zone is to provide designated parking spasm at major points of assembly kir the exclusive use of physically disabled persons whose vehicle displays a distlawishing license oleo as authorized by the California Department of Motor Vehicles. The City Cot...--ncii may upon recommendatizn of the City Engineer, desiclate spezially marked and posted cia-sate p-arkinc spaces for disabled persons pursuant to California Vehicle Code 21101, et seg. at the following facilities: I. Government buildings serving the public such as administration buildings, public employment offices, publielibraries, police stations, etc.- 2. Hospitals and convalesc,ens homes with more than 75-bed capacity. 3. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilitiea o-ite blesk. 4. Cominunity service facilities such as senior citizens service centers, etc. 5. Accredited vocational training and educational facilities where no off- street pare ic rrovided for disabled persons. 6. Employment offices for major enterprises employing more. than 200 persons. 7. Pb1 r,reatirvNal inchirling raumtips1 swimming p-ocas„ recreation halls, museums, etc. 8. Public theaters, auditoriums, meeting halls, arenas, stadiums with more tlisrs 300 seating capacity. 9. Other olaccs of:assembly such as schools and churches. 10. Cormeisrsisf nnilittr o±k buissitT(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located toseise a maximum number of facilities on one block, I I. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 12. A hotel el apattment house catering to weekly or wont* guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, kased or controlled off-street parking facilities as specified in the General Requirements. General Recnakements E-ach dleabled persons ;)3Zili:12 s'nooe3iind;oritt.4hvhlue ra;pt wad a nibs blue) showing iie aY,A Z.CWIL4biiity pro:'e view of a wheelchair with occupant). Where installed under the above eriteria the total nunabel of disabled persons curb parking spaces will be limited to 3% of the total turabel of on -street parking spaces available in the area and shall be distributed enifor=ly within the area. Disabled persons parking will not be irestsjiedat i0Z3tiOn.5 with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition, The ccst of Metalling disabled person:, parkliie. veil be assumed by the City on public. streets and public off-street parking facilities. In establishing on -street parting facilities for the disabled there shall be a reasonable determination made that the need is of an on-zoing nature. The intent is to prevent the proliferation of special parking stall s that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on- treet parking for the general public, and detract from the overa cffect.iveness of the disabled persons parking program, e2aatelesiaLlexcishisa Cased It is not the intention of the City to provide personal reserved parking on the public right-joismay, especially in residential areas. However, exceptions may be made, in special hardship cases, provided illof the .../bilming eonditions exists: (1) Applicant (or guardian) must be L.' possession of valid license plates for disabled persons" or "fusels) ed versant" (2) The proposed disabled paricirg apace ringt t,f. in front of the applicant's (or guardian's) piece of residence, (3) Subject -e dence rnust tot have useable off -stet pig av E: or of -street space available that may be converted into &cabled parking. NOTE:It must be emphasized that such parking spaces do not constitute "personal removed parking" and that any person with valid "disabled lice plates may park in the above stalls. ]ha:p RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 1931 "K" AVENUE WHEREAS, the resident of 1931 "K" Avenue, Apartment "B", who possesses a valid disabled person placard from the California Department of Motor Vehicles, has requested a blue curb handicap parking space in front of the residence due to physical limitations; and WHEREAS, the residence is located on the east side of "K" Avenue midblock between East 18th Street and East 20th Street; and WHEREAS, staffs inspection of the property verified that the aforementioned residence does not have an accessible driveway or garage to accommodate a vehicle with a disabled driver or passenger, and all conditions have been met for the property to qualify for a blue curb handicap parking space; and WHEREAS, staff recommends the installation of a blue curb handicap parking space with a sign in front of the residence at 1931 "K" Avenue; and WHEREAS, at their meeting on December 10, 2014, the Traffic Safety Committee unanimously approved staff's recommendation to install a blue curb handicap parking space with signage in front of the residence at 1931 "K" Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of a blue curb handicap parking space with a sign in front of the residence at 1931 "K" Avenue. PASSED and ADOPTED this 20th day of January, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 1/20/2015 — Page 71 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with signage in front of the residence at 824 E. 28th Street (TSC 2014-18) (Engineering/Public Works) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 20, 2015 AGFNDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with signage in front of the residence at 824 E. 28th Street (TSC 2014-18) PREPARED BY: Kenneth Fernandez, RE. PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering and Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: J FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution to install a blue curb handicap parking space with signage in front of 824 ' . 28th Street. BOARD / COMMISSION RECOMMENDATION: At their meeting on December 10, 2014, the Traffic Safety Committee unanimously approved the staff recommendation to install a blue curb handicap parking space with signage in front of the residence at 824 E. 28th Street. ATTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on December 10, 2014 (TSC 2014-18) 3. Resolution EXPLANATION Ms. Gudelia Lopez, resident of 824 E. 28th Street, has requested a blue curb handicap parking space in front of her residence due to physical limitations. The residence is located on the south side of E. 28th Street rnidbiock between Highland Avenue and "I" Avenue. Ms. Lopez possesses a valid disabled person placard from the California Department of Motor Vehicles. Staff visited the site and verified that the aforementioned residence does not have an accessible driveway or garage to accommodate a vehicle with a disabled driver or passenger. There is approximately 100 feet of existing unrestricted parallel parking located adjacent to the property. Currently, there are no on -street handicap parking spaces provided nearby the residence. At their meeting on December 10, 2014, the Traffic Safety Committee unanimously approved staff recommendation to install a blue curb handicap parking space with signage in front of the residence at 824 E. 28th Street. The City Council Disabled Persons Parking Policy requirements for "Special Hardship" cases are as follows: Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with signage in front of the residence at 824 E. 28th Street. If approved by City Council, all work will be performed by City Public Works. NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR DECEMBER 10, 2014 ITEM NO, 201448 ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGNAGE IN FRONT OF 824 E. 28TH STREET WY G. LOPEZ) PREPARED BY: Kenneth Fernandez. P.E. Encir eerur}g and Public Works Department, Engineering iron sion DISCUSSION; Ms. Gwdefla Lopez. resident of 824 E. 28-^ Street, has requested a u`ue curb handicap parking space in front of hits residence due to physical limitations. The residence is Iocatec midblock or tr'e south side of E. 281r Street between Highland Avenue and I° Avenue, Ms. Lopez possesses a valid disabled person placard from the California Department of Motor Vehicles. Staff visited the site and verified that the aforementioned residence does not have an accessible driveway or garage to accommodatea vehicle with a d`sabied driver or passenger. The orb length in front of the multi -family residential ict between adjacent driveway aprons is approximately 100 feet. In addition, Operation Samahar Clinic, a medical fac'I{ty at 2743 Highland Avenue is almost immediately to the north of the residence, Currently, there are no or -street handicap parking spaces provided in the vicinity east of Highland Aver ue. The tits. Council has adopted a policy, which is used to evaluate requests tot ftandi a; pAces, Ths City Cu Ci; Foilo fur 'Special Hardship" oases a:e as follows' 1. Applicant (or guardian) must be in possession of valid license plates or placard for `'disabled parsons'' or "disabled veterans`. This condition is ,net. 2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicants (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking aY?iiable or en off-street space available that may be converted into disabled parking. This condition is met. Based on the site evaivation, staff has determined that accessible pancinn is not available on the property. • As a result, per the City Council Disabled Persons Parking Policy, Ms. Lopez's request is eligible for further consideration. It shall be rated that handicap parking spaces do not constitute upersonal reserved .+ctir`r 'el anJ that arly ape With ith valid 'disabled peirsor license plates placards rn park i : i SAi,.4iie kjrpaces., STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabied Fe sons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with signage in front of the residence at ?24 28rm Street. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 4, Disabled Persons Parking Policy 2^%4-16 Attirmri City, CA 1OV 3/14 To Whom it May Concern, thank you, My name is Gudei a Loper.1 am a disabled person and ask that you please paint my curb because the sets fall of, rs and then there m.x no space Aial I struggle a bat to pet lobo and out of my car. I would appreciate if you can help me. Thar* you; Gudelia Loper , 4"/q 4-. 4 :1 ....../..•> Vit-i.7--- /7 -44-j7-;'-'1,' .. -;, ..e..10's4,,,,.4...r.-4-14e2.4-cIP, af - -443 ...,,,, .0`ela„,' ,9 ,F,,,e4t a 1 firr-: -re-,.."i-- ,...t.f-----:-. "7,7-z-ki .,. i . . ...40r--- leer?fr.ea,. . , L..f•,-- 7172,01,224 "ea- 4114 -.4-1-. lioa.rt.4t, gph e41,,r-r.277., '."-rli -LW .1720 ..1._ 31..61.41-6-41' 772Z-44, 4442 .42, • t,~I. DEPARTMENT OF MOTOR VEHICLES DISABLED IPERSON PLACARD AJtSafrice Age vy This Identificationn card ar facslm Is to be carried upon demand. to .; ,, ,:.mirror lehert driving. by the placard owner. t it When n any Paildng, hang the placardfrom the t view Wiwi', r r y DMV m it anyI change of address. STYI�''ir."_ NI: 37 LOPEZ +?uriELTA 424 !r 2eTh ST NATIONAL CITY CA 91950 (Boldness�PPurchase elf l�Ytell ill( Professions CodeA : 4. disabled requires service stations to refuel a�� except sell -service vehicle b self-service ne cashier. 0 It la considered misuse to: lard unless the disabled owner is baling p` May a placard which has been cancelled ar revoked. PLACARDRIMIER: .Ki MT3S EXPIRES: 15 DATE ISSUED: 03/2112013 When your r^-kscarw la 4rape7ti dl r ad' Disabled you may l in or on: person parking spaces (blue zones) n Street metered zones without paying. ° Green zones witi7Cirt restrictions to Vine limits. Street8 where preferential pang priviieges ere g''r'er, do residents and merchants. You may not park in or on: Red,Yellow, White or Tow Away Zones. f.� "it Marked spaces next to disabled person '^ Ln your placertl to anyone, including family member& illitisse remelt lcan elution ormisdemeanor revoca Ion o the places can of parking privileges, and/or fines. s eta PPP= R1i,14.74,^. ....WARF•gthri5 VQ.K. patKin9 pr4tAdd u I a re..tsstIPI: I ris ...I nu' I lir.;111,f11 r,rtE ,01 14;:itrjrj EXPIRES JUNE 30 • i..?4• •47; 11r:4 .•‘I • .• •• !I • 0,,e1.; .0 r. : . a Location Map Location of Proposed Blue Curb and Signage at 824 E 28th Street (looking southeast) Location of Proposed Bine Curb and Signage at 824 E 28th Street (looms east) DISABLED WILSONS PARKING POLICY The purpose of as disabled persons parking zone is to provide &ignaled parking spaces at major points of fly for the eschu.ve use of phyaily disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Coundii may upon recommendation of the City Ereineer, designate specially marked and posted on -sweet parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following ficilit':es: 1. Government buildings serving the public such as administradon buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more that ; 5-Sed capacity 3. Medical facilities and doctors' offices staffed by a maximum of five practitioners, Zones shall be located to serve a m tmum number of fkitities nn one block. Community service facilities such as senior citizens service centers, etc. 5. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. 6. Employment offices for major enterprises employing more. than 200 persons, 7. G iblio recreational facilities indu UL muriici at swimming ing pools, ,itt;ft 11L:Lg 11s it , museums, etc, 8. Public theaters, auditoriums, meeting halts. arenas, stadiums with more than 300 seating capacity. 9. Other places of assembly such as schools =.1ia churches, 10. Commercial and/or office building(*) with en aggregate of more than 0,000 square feet of usable floor spaw -. Zoic" alta.i be lok-,ated to serve a maximum number of facilities isle Csi"sc eXi►:;: . 11. Hotels catering to daily guests, Yta Winning a ground floor lobby and a switchboard that is operated 24 hours per day. i=L A Ishirl fr apartment hors catering to weekly or monthly guests ttaslmaking e than 30 separate living units. In addition, diSabled persons parldng spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Rest - Goland Reonfrements Each disabled pions parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). \\There installed under the above criteria the total number of disabled persons curb par.sini' spaces . is be limited :o 3% of the total nun ber of on -street. 'ark ia.Spaces available in the area and sb.all be distributed uniformly 'within the area. Disabled persons part i a will not be installed at locations with a ft i1-`rote par` inn prohibition. When a disabled persons parking zone is installed where . part -:lime partdng prohibition is in effect, the disabled persons parking zone vviU have the same time restrictions as the part-time parking prohibition. The cost of installing disrb qd of rsons na lying wfl. he assumedhtl the Cry public streets and public off-street parking facilities. In estabiish ng on -street paring facilities for the disabled there shalt be a reasonable determination shade that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street pai`si g 4or the general public, and detract from the overall effectiveness of the disabled person=: parking program. It is :no: the intetitica of the City to provide personal reserved pazking on the public right Iof'y, especially in residential areas. However, exceptions may be made, in special hardship cases, provided AILof the following conditions exists: Applicant (or guardian) must be in possession of valid license peas for "disabled persons" or "disabled veterans." (2) The prcpoaed disabled parking space u nest be in front of Ong _ y ;pica=+.'e (or guardian's) place of residence. Subject ice must not 'rasi?e useable off-street parking available off-street space available that may be convected into disabled parking. NOTE:It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person whh valid "disabled persons" license plates may park in the above stalls. RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 824 EAST 28TH STREET WHEREAS, the resident of 824 East 28th Street, who possesses a valid disabled person placard from the California Department of Motor Vehicles, has requested a blue curb handicap parking space in front of the residence due to physical limitations; and WHEREAS, the residence is located midblock on the south side of East 28th Street between Highland Avenue and "I" Avenue; and WHEREAS, staff's inspection of the property verified that the aforementioned residence does not have an accessible driveway or garage to accommodate a vehicle with a disabled driver or passenger, and all conditions have been met for the property to qualify for a blue curb handicap parking space; and WHEREAS, at their meeting on December 10, 2014, the Traffic Safety Committee unanimously approved staff's recommendation to install a blue curb handicap parking space with signage in front of the residence at 824 East 28th Street. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of a blue curb handicap parking space with a sign in front of the residence at 824 East 28th Street. PASSED and ADOPTED this 20th day of January, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 1/20/2015 — Page 86 The following page(s) contain the backup material for Agenda Item: Disclosure of property interest located within Redevelopment Project Area; Councilmember Mendivil. (City Attorney) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 20, 2015 AGENDA ITEM NO. ITEM TITLE: Disclosure of property interest located within Redevelopment Project Area; Councilmember Mendivil PREPARED BY: Claudia Gacitua Silva PHONE: 336-4222 EXPLANATION: Please see attached memorandum. DEPARTMENT: i,, j A, orney APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Enter disclosure on the minutes. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Memorandum from Councilmember Mendivil Memorandum from City Attorney Mayor Ron Morrison Council Members Jerry Cano Alejandra Sotelo-Solis Mona Rios Albert Mendivil TO: FROM: SUBJECT: Disclosure of Property Interest Located Within Redevelopment Project Area; Councilmember Albert Mendivil -�° CALIFORNIA i'IONAL CHI( Mt/ i2VCORPORATED Office of the City Attorney MEMORANDUM City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Elisa Cusato Deputy City Attorney Jennifer Knight City Manager City Attorney DATE: January 6, 2015 BACKGROUND Attached is a Disclosure of Property Interest Located within Redevelopment Project Area signed by Councilmember Albert Mendivil. Section 33130 of the Health and Safety Code (the Community Redevelopment Law) requires that such a statement be entered on the minutes of the redevelopment agency (now the Successor Agency) and of the legislative body (the City Council). The requirements of Section 33130 are in addition to the disclosure requirements of the Political Reform Act. RECOMMENDED ACTION It is requested that this disclosure be entered on the minutes of the City Council and Successor Agency at their upcoming meetings of January 20, 2015. CLA PIA G. SILVA City rney Attac 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 — CALIFORNIA r- NATIONAL MIyaazil - iNtO ttr OR AT F V MEMORANDUM TO: City Manager DATE: January 6, 2015 FROM: Councilmember Albert Mendivil SUBJECT: Disclosure of Property Interest Located within Redevelopment Project Area Pursuant to Section 33130 of the Health and Safety Code, please enter into the minutes of the upcoming January 20, 2015 City Council meeting the fact that I own or have direct or indirect financial interests in the following property located within the National City Redevelopment Project Area: 1129 East 23rd Street National City, CA 91950 and 2240 L Avenue National City, CA 91950 CQQA"(LtASQl Albert Mendivil Councilmember Office of the City Council — Albert Mendivil, Councilmember 1243 National City Boulevard, National City, CA 91950-4301 619/336-4238 Fax 619/336-4239 www.nationalcityca.gov Email amendivil@nationalcityca.gov CC/CDC-HA Agenda 1/20/2015 — Page 90 The following page(s) contain the backup material for Agenda Item: Warrant Register #21 for the period of 11/12/14 through 11/18/14 in the amount of $2,129,886.94 (Finance) CC/CDC-HA Agenda 1/20/2015 — Page 91 The following page(s) contain the backup material for Agenda Item: Warrant Register #22 for the period of 11/19/14 through 11/25/14 in the amount of $16,149,175.76 (Finance) CC/CDC-HA Agenda 1/20/2015 — Page 92 The following page(s) contain the backup material for Agenda Item: Warrant Register #23 for the period of 11/26/14 through 12/02/14 in the amount of $1,871,335.75 (Finance) CC/CDC-HA Agenda 1/20/2015 — Page 93 The following page(s) contain the backup material for Agenda Item: Warrant Register #24 for the period of 12/03/14 through 12/09/14 in the amount of $1,769,745.87 (Finance) CC/CDC-HA Agenda 1/20/2015 — Page 94 The following page(s) contain the backup material for Agenda Item: Warrant Register #25 for the period of 12/10/14 through 12/16/14 in the amount of $1,693,052.88 (Finance) CC/CDC-HA Agenda 1/20/2015 — Page 95 The following page(s) contain the backup material for Agenda Item: Public Hearing - Conditional Use Permit for beer and wine sales, a banquet facility, and live entertainment at Big Ben Market located at 108 East 8th Street.. (Applicant: Grill House at Big Ben) (Case File 2014-08 CUP) (Planning) CITY OF NATIONAL CITY, CALIFORNIA ' OUNCIL AGENDA STATEMENT MEETING DATE: January 20, 2014 AGENDA ITEM NO. ITEM TITLE: ;Public Hearing c Conditional Use Permit for beer and wine sales, a banquet facility, and live entertainment at Big Ben Market located at 108 East 8th Street (Applicant: Grill House at Big Ben) (Case File 2014-08 CUP) PREPARED BY: Martin Reeder, AICP PHONE: i336-4313 EXPLANATION: DEPARTMENT: EPlann in APPROVED BY: The project site is Big Ben Market, located at the comer of East 8th Street and "A" Avenue. The applicant is requesting beer and wine sales, public assembly (banquet facility, and live entertainment on the patio. Council reviewed the Notice of Decision of the Planning Commission's approval at their meeting of December 16, 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. APPROVED: Finance APPROVED: MIS ENVIRONMENTAL REVIEW: [Categorically Exempt pursuant to Class 1, Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION: r STAFF RECOMMENDATION: Staff concurs with the decision of the planning Commission. BOA►Rt / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Bush, Flores, Pruitt Abstain: Garcia Absent: DeLaP# ATTACHMENTS: 1. Background Report 5. Planning Commission Staff Reports 2. Recommended Findings for Approval/Denial 6. PC Resolution No. 25-2014 3. Recommended Conditions of Approval 7. Reduced Plans 4. Location Map BACKGROUND REPORT The project site is Big Ben Market, located at the Southeast corner of East 8th Street and "A" Avenue in Development Zone 9 (DZ-9) of the Downtown Specific Plan. The market has recently undergone a remodel, which included the addition of an interior restaurant counter and an approximately 1,650 square -foot outdoor patio with an outdoor service counter (The Grill House at Big Ben). The property is generally surrounded by commercial areas, with some residential use to the south of the restaurant parking lot. Big Ben Market has a type 21 (off -sale general) alcohol license, which allows for sales of beer, wine, and distilled spirits for off -site consumption. The license is non- conforming, in that it pre -dates the City's Conditional Use Permit (CUP) requirement. The market is currently open from 7 a.m. to 9:30 p.m. daily. The Grill House is open from 9:00 a.m. to 10:00 p.m. daily. The applicant is requesting to sell beer and wine for on -site consumption, provide a banquet facility, and conduct live entertainment in conjunction with an eating place. The area for the on -site sales would be the 1,650 square -foot outdoor patio. Plans show a seating area of approximately 1,300 square feet, a stage area of 170 square feet, and a 291 square -foot bar where the outdoor service counter is located. There is also an area of approximately 180 square feet between the seating area and stage area, which would likely function as a dancing area. Plans also show a 60 square -foot beer and wine cooler located on the south side of the building, intended to serve as a storage locker for alcohol products to be sold on the patio. Section 18.30.050 of the National City Land Use Code allows for on -site alcohol sales and live entertainment with an approved Conditional Use Permit (CUP). Section 18.24.050 also requires a CUP for "public assembly", which is how banquet facilities are classified. Pursuant to Section 18.30.050 (C), the applicant is required to hold a community meeting. The meeting was held Monday, July 14, 2014 at 6:30 p.m. The meeting was held at Big Ben Market. The agenda, sign -in sheet, and minutes are attached. According to the sign -in sheet, one resident was in attendance at the meeting. The applicant made a presentation about the proposal. The attendee was generally in support of the application, but had concerns regarding how late the live entertainment would be conducted and suggested 10:00 p.m. as the latest that entertainment would occur. In order to make potential enforcement easier, staff suggests that hours of operations be limited to the following: • Alcohol sales — 9:00 a.m. to 10:00 p.m. seven days a week. • Live entertainment and public assembly activities — 12:00 p.m. to 10:00 p.m. Friday, Saturday, and Sunday. This will mean that all conditionally -allowed activities would end at 10 p.m. The only caveat would be that live entertainment and public assembly is limited to the weekends only, which was the general direction based on comments from the public, staff, and the majority of the Planning Commission. Per the California State Department of Alcoholic Beverage Control (ABC), there are currently thirteen (13) other on -sale permits issued in this census tract (117). These permits are: Name Address License Type* Trophy Lounge 999 National City Blvd. 48 Chuck E. Cheese 1143 Highland Ave. 41 Royal Mandarin 1132 E. Plaza Blvd. 205 41 Thomas H. Cosby Jr. Post 4630 1401 Highland Ave. 52 Golden Chopsticks 1430 E. Plaza Blvd. E22 41 Karina's Mexican Seafood 1705 Highland Ave. 41 Ginza Sushi 925 E. Plaza Blvd. G 41 Lai Thai Restaurant 1430 E. Plaza Blvd. E10 41 Cafe La Maze 1441 Highland Ave. 47 Wingstop 932 Highland Ave. 41 Panda Palace 1132 E. Plaza Blvd. D/E 41 McGonagles 1231 Highland Ave. 41 Larry E. Bennett Post 255 35 E. 18th St. 52 * Type 41 - On -Sale Beer and Wine for Bona Fide Public Eating Place Type 47 - On -Sale General for Bona Fide Public Eating Place Type 48 - On -Sale General for Public Premises Type 52 - Veterans' Club All but three of the other on -sale licenses are restaurants. The remainder are a bar/cocktail lounge (Trophy Lounge) and two veteran's clubs. Census tract 117 includes the area of the City between National City Boulevard and Palm Avenue, and between East 8th and East 18th Streets. The attached census tract map shows the location of the subject tract. ABC recommends a total of seven on -sale alcohol permits be issued in this census tract, where thirteen exist. Therefore, the census tract is considered to be over -concentrated with regard to on -sale alcohol licenses. Chapter 18.030.050 (D) requires a 660-foot distance from sensitive uses such as schools. However, restaurants with greater than 30% of their area devoted to seating (as applies in this case) are exempt from these distance requirements. Integrity Charter school is approximately 365 feet from the restaurant, and Central Elementary approximately 1,200 feet away. Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 20) had a crime rate of 371.6%, above the 120% considered to be a high crime area. PD also provided a Risk Assessment report, which assigns points based on the type of business, license concentration, and calls for service (among others) and ranks the business according to potential risk (low, medium, or high). In this case, Big Ben Market received a score of 17, which would indicate a medium risk. Low Risk is 0-12 points; Medium Risk 13-18 points; and High Risk 19-24 points. Concerns noted by the Police Department included the lack of proactive enforcement of live entertainment venues, proximity to residences and schools, high crime, license over -concentration, and the facility already had an ABC license (off -sale license). IPS had concerns related to license over -concentration, and to proximity to schools and churches in the area. IPS interviewed 12 people in the area. Some were not supportive due to concerns over noise, security, and public nuisance caused by existing live entertainment and alcohol establishments. Most in support of the business suggested a closing time of 10:00 p.m. Comments received by both the Building and Fire Departments referenced the change in occupancy of the outdoor patio area with the addition of public assembly and live entertainment. In order to streamline the CUP hearing process, the Building Official and Battalion Chief/Fire Marshall recommended that conditions note that any and all requirements of the Building and Fire Codes would need to be met at the time of building permit submittal. The Grill House at Big Ben currently has an active building permit, which has not received final sign off. No sign off will be granted until existing items and those related to this CUP (should it be approved) are addressed. The main issue brought up by concerned residents was related to noise. Noise is generally regulated by its impact on receiving land uses. Each land use has a set limit as contained in Title 12 (Noise) of the Municipal Code. Small residential developments have the most restrictive limits on received noise (45 decibels between 10 p.m. and 7 a.m., and 55 decibels between 7 a.m. and 10 p.m.). Limits on noise received by commercial land uses are 60 and 65 decibels respectively. For reference, the following are examples of environmental noise and their decibel values : • Acoustic guitar (1 foot away) • Electric guitar (full volume at 10 inches) • Rock vocalist screaming 1 http://www.coolmath.com/decibelsl.htm - 80 db - 115 db - 140 db Section 12.06.020 refers to Table III, which contains the following limits: EXTERIOR ENVIRONMENTAL NOISE LIMITS Receiving Land Use Category Allowable Noise Level (db (A)) 10 p.m. to 7 a.m. 7 a.m. to 10 p.m. All residential (less than 9 dwelling units) 45 55 Multi -unit residential (Consisting of 9 dwelling units or more and Public Space) 50 60 Commercial 60 65 Condition No. 14 requires compliance with Title 12 regulations and refers to Table III. In addition to resident concerns, an area business owner provided a letter to staff prior to the November 17, 2014 Planning Commission meeting, which had six points of issue. The issues are enumerated below with responses following each issue. The issues are paraphrased for brevity; however, the original letters are attached for reference. 1. Reference to a formal protest with ABC regarding the Type 41 license application. - Per ABC, no protest formal or otherwise has been received in reference to this location 2. No notice of community meeting received. - A copy of the occupant list contained in the case file includes both the complainants' information, as well as that of a resident with the same complaint who spoke at the hearing. The applicant uses the same labels for the community meeting mailing. It is assumed that the applicant used the same list, but not known if mailing notices were omitted or failed to be received due to delivery issues. 3. Violation regarding kitchen facilities on site. - ABC requirements for kitchen facilities are discussed above and are in compliance per a conversation with ABC staff. 4. Lack of doors and windows to block sound. - The project site is an outdoor patio. Potential noise impacts are a known issue and being discussed as part of this hearing process. 5. Previous noise issues involving an unpermitted live entertainment event. - The applicant is aware that the live band performing at their grand opening was not permitted to perform. This is part of the reason for including live entertainment in this CUP application, which will have conditions to mitigate noise impacts if the CUP is granted. 6. Allegations of alcohol sales violations/potential violations at Big Ben Market related to distilled spirits. - Staff has not observed said violations or received other complaints regarding any of the allegations. ABC is also unaware of any violations. Staff will monitor the business for potential violations. However, Big Ben Market is a separate license. Distilled spirits would not be permitted at Grill House at Big Ben as part of this request. The outdoor patio exists and is parked accordingly. In addition, alcohol sales are not likely to increase the need for parking on the property. However, live entertainment and especially banquets/public assembly is likely to draw more people than the parking lot can accommodate. The parking lot on the property has 23 parking spaces. Any lack of parking on site would manifest itself in parking impacts on adjacent residential streets. Traffic is not expected to be affected due to East 8th Street being an arterial street that is operating within its capacity. Standard Conditions of Approval have been included with this permit, as well as conditions related to noise and specific to on -sale alcohol sales per Council policy (alcohol incidental to food, hours of operation, patio signage, RBSS training, etc.). There is also a condition prohibiting alcohol purchased from the market to be consumed on site. Big Ben Market is a successful business in the downtown area. The addition of the Grill House has added to the popularity of the business. Although other downtown businesses have enjoyed the ability to offer live entertainment, there have been problems in recent years related to noise, public nuisance, and parking in the area because of these uses. If utilized within reasonable time limits, live entertainment and banquet activities will benefit the subject business and potentially add to its recent success. However, being an outdoor patio raises concerns regarding noise in the area, which is in proximity to several residential areas. Potential parking and public nuisance impacts are also possibilities. Hours have been limited to allow for ease of monitoring. Conditions have been added to require service of all alcohol products by Grill House staff and to impose specific noise standards on live entertainment. Standard Conditions of Approval for alcohol sales outlets are also included, consistent with City Council Policy. Planning Commission conducted public hearings on November 17 and December 1, 2014. Commissioners asked questions regarding hours of operation, sales practices, and conditions of approval. Concerns were raised by the Commission and area residents regarding potential noise impacts. Conditions were crafted to address noise concerns and limit hours of operation. The Commission voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval as amended by the Planning Commission. Council reviewed the Notice of Decision of the Planning Commission's approval at their meeting of December 16, 2014 and set the item for hearing in order to discuss the item further. RECOMMENDED FINDINGS FOR APPROVAL 2014-08 CUP, 108 East 8th Street 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 alcohol sales for on -site consumption, live entertainment, and public assembly are conditionally -allowed uses in Development Zone 9 of the Downtown Specific Plan Area. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, since alcohol sales, live entertainment, and public assembly are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan; and since alcohol sales for on -site consumption, live entertainment, and public assembly are conditionally -allowed uses in Development Zone 9 of the Downtown Specific Plan Area. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, since the proposed uses are accessory to a restaurant use in an existing commercial area and the proposed uses are not expected to appreciably increase traffic on East 8th Street based on the current capacity and traffic numbers. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since no expansion of the building is proposed. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, since the proposed use will be compatible with other nearby businesses; and since the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available, as well as limit hours of public assembly and live entertainment. 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 categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. 7. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the continued viability of a restaurant, an established and allowed use in Development Zone 9. 8. That public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDINGS FOR DENIAL 2014-08 CUP, 108 East 8th Street 1 That the proposed use is not deemed essential and desirable to the public convenience and welfare, since there is already an over -concentration of on -sale alcohol licenses in census tract 117.00 in which the subject property is located. 2. That the proposed use is not deemed essential and desirable to the public convenience and welfare since beer and wine are currently offered at ten other restaurants within the same census tract. 3. That live entertainment and public assembly in an outdoor area that is in close proximity to residential areas has the potential for noise impacts and other deleterious effects on said areas. 4. That public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED CONDITIONS OF APPROVAL 2014-08 CUP, 108 East 8th Street General 1. This Conditional Use Permit authorizes the sale of beer and wine (On -Sale Beer and Wine for Bona Fide Public Eating Place), live entertainment, and a banquet facility at an existing restaurant located at 108 East 8th Street. Plans submitted for permits associated with this project shall conform to Exhibit B, case file no. 2014-08 CUP, dated 11/17/2014. 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 approves three separate uses: on -site beer and wine sales, live entertainment, and public assembly. If any of the uses authorized by this resolution are not exercised within one year after adoption of the Resolution of approval, that use or those uses shall become null and void and will no longer be part of this permit unless extended according to procedures specified in the Municipal Code. 4. This permit approves three separate uses: on -site beer and wine sales, live entertainment, and public assembly. If any of the uses authorized by this resolution are discontinued for a period of 12 months or longer, permission to conduct that use or those uses shall expire and will no longer be part of this permit. 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 7. All plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, and Mechanical Code. Fire 8. All plans submitted for improvements must comply with the 2013 editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA), and the current edition of the California Code of Regulations. 9. No public assembly or live entertainment uses may be conducted until all required building improvements have received final inspection and issued a certificate of occupancy. Planning 10. All alcohol products shall be served by an employee of the Grill House at Big Ben. No self -serve of any alcohol products is permitted. 11. No distilled spirits purchased from Big Ben Market or elsewhere may be brought into or consumed on the outside patio. All alcohol purchase and consumption occurring in the outside patio shall comply with the ABC regulations related to a Type 41 license (On - Sale Beer and Wine for Bona Fide Public Eating Place). No on -sale purchases shall be made inside Big Ben Market. 12. The sale of alcoholic beverages for on -site consumption shall be limited to between the hours of 9:00 a.m. and 10:00 p.m. seven days a week. 13. The hours of live entertainment and public assembly activities (e.g., banquets, parties, etc.) shall be limited to between 12:00 p.m. and 10:00 p.m. Friday, Saturday, and Sunday. 14.AII live entertainment and public assembly activities shall comply with Table III of Chapter 12.06 (Exterior Noise Limits) of the National City Municipal Code. 15. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 16. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 17.Alcohol shall be available only in conjunction with the purchase of food. 18. Permittee shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off -premises. 19. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Police 20. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. Zone Boundary Project Location 0 75 150 I Feet 300 APN: 556-472-23 Planning Commission Location Map 2014-08 CUP 11.5.14 Title: Item no. 3 December 1, 2014 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAI CITY, CA 91950 PLANNING COMMISSION STAFF REPORT CONTINUED PUBLIC HEARING - CONDITIONAL USE PERMIT FOR BEER AND WINE SALES, A BANQUET FACILITY, AND LIVE ENTERTAINMENT AT BIG BEN MARKET LOCATED AT 108 EAST 8TH STREET Case File No.. 2014-08 CUP Location: Southeast corner of East 8th Street and "A" Avenue Staff report by: Martin Reeder, AICP — Principal Planner Applicant: Grill House at Big Ben BACKGROUND Previous Action Planning Commission held a public hearing on this item at the regularly -scheduled meeting of November 17, 2014. Prior to the meeting but after the report had been provided to the Commission, three letters of concern were received by staff. Two letters were from area residents with concerns generally focused on noise, alcohol sales, and problems associated with existing outlets in the area. A letter was also received by another area business with regard to alleged issues of permitting and operations. One of the residents and the business owner spoke at the hearing. Several other community members also spoke, both with concerns as noted above, and in support of the proposal. The applicant and his architect spoke about comments and conditions provided by the Building and Fire Department, which required significant modifications to the proposal that affected the likelihood of the project moving forward. Commissioners asked several questions about business operations, conditions of approval, and California Department of Alcoholic Beverage Control (ABC) regulations. The Commission continued the hearing for two weeks in order for staff to provide additional information on hours of operation, Building & Fire Department comments, ABC regulations, and to respond to comments from concerned residents/business owners. New Information Hours of Operation — The previous recommended conditions referenced different hours of operation for each use (alcohol sales, live entertainment, and public assembly). In order to make the request clearer and to make potential enforcement easier, staff suggests that hours of operations be limited to the following: Alcohol sales — 9:00 a.m. to 10:00 p.ni. sevens days a week. Live entertainment and public assembly activities — 12:00 p.m. to 10:00 p.m. Friday, Saturday, and Sunday. This will mean that all conditionally -allowed activities would end at 10 p.m., rather than having staggered times, as was conditioned previously. The only caveat would be that live entertainment and public assembly is limited to the weekends only, which was the general direction based on comments from the public, staff, and the majority of the Planning Commission. Building and Fire Department Comments — Department comments previously required additional bathrooms (Building) and the installation of fire sprinklers (Fire), both as a result of the change in occupancy triggered by the public assembly 11CP. The architect representing the applicant disagreed with the City's interpretation of the codes and asked that the conditions be modified to include just generic Building and Fire Code compliance requirements rather than specifics that mayor may not be changed later. Subsequent discussions with the Building, Official and Battalion Chief/Fire Marshall clarified the need for the additional improvements, which will still be required. However, in order to streamline the CUP hearing process, the conditions were changed as requested by the applicant. It should be noted that any and all requirements of the Building and Fire Codes would still need to be met. The condition change would just allow the applicant to take up the issue at time of building permit submittal. The Grill House at Big Ben currently has an active building permit, which has not received final sign off. No sign off will be granted until existing items and those related to this CUP (should it be approved) are addressed. ABC regulations — Questions were raised about "corkage" and kitchen facilities, as regulated by ABC. Corkage is a charge made by a restaurant or hotel for serving alcohol that has been brought in by a customer. Consumption of alcohol brought from outside an establishment is permitted provided that it is consistent with the type of license the establishment possesses. In this case, the Grill House at Big Ben is applying for a Type 41 ABC license, which is Oro -Sale Beer and Wine tor Bona Fide Public Eating Place. Therefore, only beer and wine would .be allowed to be served and consumed (no distilled spirits). Any rules applied to the license, either through ABC or through a CUP would apply. Condition No. 10 has been added to require that all alcohol products be served by an employee of Grill House at Big Ben. A "bona fide eating place" is defined in the Business and Professions Code as "[A] place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the local department of health." In this case, the Grill House at Big Ben would comply with this definition provided that the kitchen facility was part of the subject premises (outside patio) as shown on the approved floor plan associated with the ABC license. ABC has required that the floor plan for the Type 21 license in the market (Off -Sale General) be reduced to exclude the kitchen, and the Type 41 license in question expanded to include the kitchen. Resideni/Business Owner Concems — The main issue brought up by concerned residents was related to noise. Noise is generally regulated by its impact on receiving land uses. Each land use has a set limit as contained in Title 12 (Noise) of the Municipal Code. Small residential developments have the most restrictive limits on received noise (45 decibels between 10 p.m. and 7 a.m., and 55 decibels between 7 a.m. and 10 p.m.). Limits on noise received by commercial land uses are 60 and 65 decibels respectively. For reference, the following are examples of environmental noise and their decibel values' • Acoustic guitar (1 foot away) • Electric guitar (full volume at 10 inches) • Rock vocalist screaming - 60 db 115db - 140db Section 12.06.020 refers to Table III, which contains the following limits: EXTERIOR ENVIRONMENTAL NOISE LIMITS Receiving Land Use Category Allowable Noise Level (db (A)) 10 p.m. tc 7 a.m. 7 a.m. to 10 p.m. Al! residential (less than 9 dwelling units) 45 55 Multi -unit residential (Consisting of 9 dwelling units or more and Public Space) 50 60 Commercial 60 65 Condition No. 14 requires compliance with Title 12 regulations and refers to Table ill. In addition to resident concerns, an area business owner provided a letter to staff, which had six points of issue. The issues are enumerated below with responses following each 1 http://www,coolmath.com/decibelsl.htm issue. The issues are paraphrased for brevity; however, the original letters are attached for reference. 1, Reference to a formal protest with ABC regarding the Type 41 license application. - Per ABC, no protest formal or otherwise has been received in reference to this location 2. No notice of community meeting received. A copy of the occupant list contained in the case file includes both the complainants' information, as well as that of a resident with the same complaint who spoke at the hearing. The applicant uses the same labels for the community meeting mailing. It is assumed that the applicant used the same list, but not known if mailing notices were omitted or failed to be received due to delivery issues. 3. Violation regarding kitchen facilities on site. - ABC requirements for kitchen facilities are discussed above and are in compliance per a conversation with ABC staff. 4. Lack of doors and windows to block sound. The project site is an outdoor patio. Potential noise impacts are a known issue and being discussed as part of this hearing process. 5. Previous noise issues involving an unpermitted live entertainment event. - The applicant is aware that the live band performing at their grand opening was not permitted to perform. This is part of the reason for including live entertainment in this CUP application, which will have conditions to mitigate noise impacts if the CUP is granted: 6. Allegations of alcohol sales violations/potential violations at Big Ben Market related to distilled spirits. - Staff has not observed said violations or received other complaints regarding any of the allegations. ABC is also unaware of any violations. Staff will monitor the business for potential violations. However, Big Ben Market is a separate license. Distilled spirits would not be permitted at Grill House at Big Ben as part of this request. Summary Big Ben Market is a successful business in the downtown area. The addition of the Grill House has added to the popularity of the business. Although other downtown businesses have enjoyed the ability to offer live entertainment, there have been problems in recent years related to noise, public nuisance, and parking in the area because of these uses. If utilized within reasonable time limits, live entertainment and banquet activities will benefit the subject business and potentially add to its recent sr,e: ss: However; bpinio an optdoor patio raises concerns regarding noise in the area, which is in proximity to several residential areas. Potential parking and public nuisance impacts are aiso possibilities. Hours have been changed to be clearer with regard to operational restrictions. In addition, conditions have been added to require service of all alcohol products by Grill House staff and to impose specific noise standards on live entetainment. Furthermore, issues related to interpretation of Building and Fire Codes have been removed from the current process to aid in streamlining the current request. RECOMMENDATION 1. Approve 2014-08 CUP subject to the conditions listed below, based on attached findings/findings to be determined by the Planning Commission; or 2. Deny 2014-08 CUP based on attached findings/findings to be determined by the Planning Commission; or 3. Continue the item to a subsequent agenda. ATTACHMENTS 1. Recommended Findings for ApprovaVDenial 2. Amended Recommended Conditions 3. Business and Professions Code Section 23038 4. Public correspondence 5. November 17, 2014 staff report with attachments MARTIN REEDER, AICP Principal Planner BRAD RAULSTON Executive Director RECOMMENDED FINDINGS FOR APPROVAL 2014-08 CUP, 108 East 8th Street l _ 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 alcohol sales for on -site consumption, live entertainment, and public assembly are conditionally -allowed uses in Development Zone 9 of the Downtown Specific Plan Area. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, since alcohol sales, live entertainment, and public assembly are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan; and since alcohol sales for on -site consumption, live entertainment, and public assembly are conditionally -allowed uses in Development Zone 9 of the Downtown Specific Plan Area. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, since the proposed uses are accessory to a restaurant use in an existing commercial area and the proposed uses are not expected to appreciably increase traffic on East 8th Street based on the current capacity and traffic numbers. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since no expansion of the building is proposed. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, since the proposed use will be compatible with other nearby businesses; and since the proposed use frill be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available, as well as limit hours of public assembly and live entertainment. 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 categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. 7. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the continued viability of a restaurant, an established and allowed use in Development Zone 9. 8. That public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDINGS FOR DENIAL 2014-08 CUP, 108 East 8th Street 1. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since there is already an over -concentration of on -sale alcohol licenses in census tract 117.00 in which the subject property is located. 2. That the proposed use is not deemed essential and desirable to the public convenience and welfare since beer and wine are currently offered at ten other restaurants within the same census tract. 3. That live entertainment and public assembly in an outdoor area that is in close proximity to residential areas has the potential for noise impacts and other deleterious effects on said areas. 4. That public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED CONDITIONS OF APPROVAL 2014-08 CUP, 108 East 8th Street General 1. This Conditional Use Permit authorizes the -sale of beer and wine (On -Sale Beer and Wine for Bona Fide Public Eating Place), live entertainment, and a banquet facility at an existing restaurant located at 108 East 8th Street. Plans submitted for permits associated with this project shall conform to Exhibit B, case file no. 2014--08 CUP, dated 11/17/2014. 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 approves three separate uses: on -site beer and wine sales, live entertainment, and public assembly. If any of the uses authorized by this resolution are not exercised within one year after adoption of the Resolution of approval, that use or those uses shall become null and void and will no longer be part of this permit unless extended according to procedures specified in the !Municipal Code. 4. This permit approves three separate uses: on -site beer and wine sales, live entertainment, and public assembly. If any of the uses authorized by this resolution are discontinued for a period of 12 months or longer, permission to conduct that use or those uses shall expire and will .no longer be part of this permit. 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 Properly 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 bindinc! on a!i present or fi, Lire interact hckiers 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 7. All plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, and Mechanical Code. Fire 8. All plans submitted for improvements must comply with the 2013 editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA), and the current edition of the California Code of Regulations.., 9. No public assembly or live entertainment uses may be conducted until all required building improvements have received final inspection and issued a certificate of occupancy. Planning 10. All alcohol products shall be served by an employee of the Grill House at Big Ben. No self -serve of any alcohol products is permitted. 11. No distilled spirits purchased from Big Ben Market or elsewhere may be brought into or consumed on the outside patio. All alcohol purchase and consumption occurring in the outside patio shall comply with the ABC regulations related to a Type 41 license (On -Sale Beer and Wine for Bona Fide Public Eating Place). No on -sale purchases shall be made inside Big Ben Market. 12. The sale of alcoholic beverages for on -site consumption shall be limited to between the hours of 9:00 a.m. and 10:00 p.m. seven clays a week. 13. The hours of live entertainment and public assembly activities (e.g., banquets, parties, etc.) shall be limited to- between 12:00p.rn. and 10:00 p.m. Friday, Saturday, and Sunday. 14. All live entertainment and public assembly activities shall comply with Table III of Chapter 12.06 (Exterior Noise Limits) of the National City Municipal Code. 15.AII sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the institute of Public Strategies. 16. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall . submit a statement clearly indicating total alcoholic beverage sales and total food sales: Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained _ by an investigation , of records shall remain confidential 17. Alcohol shall be available only in conjunction with the purchase of food- 18. Permittee shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant or patio aroa and may not be taken off -premises. 19. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Police 20. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain tc the sale, display and marketing or merchandising of alcoholic beverages. IMPACT Informed Merchants Preventing Alcohol•Related Crime Tendencies To the licensee: State of California Department of Alcoholic Beverage Control Food Service If you are licensed as a bona fide eating place (license Type 41, 47, or 49), you must operate and maintain your licensed premises as a bona fide eating place. You must make actual and substantial sales of meals, during the normal meal hours that you are open, at least five days a week. Normal meal hours are: Breakfast 6:00 a.m. - 9:00 a.m.; lunch 11:00 a.m. - 2:00 p.m.; and dinner 6:00 p. m. - 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. The premises must be equipped and maintained in good faith. This means the premises must possess working refrigeration and cooking devices, pots, pans, utensils, table service, condiment dispensers, menus, posters, signs, and enough goods to make substantial meals. The premises must comply with all regulations of the local health department. Incidental, sporadic or infrequent sales of meals or a mere offering of meals without actual sales is not compliance. "Meals" means the usual assortment of food commonly ordered at various hours of the day. The service of only sandwiches or salads is not considered compliance. However, certain specialty entrees, such as pizza, fish, ribs, etc., and an assortment of other foods, such as soups, salads or desserts, may be considered a meal. The Department will presume that a licensee is operating as a bona fide eating place if the gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages. "Prepared" means any processing preliminary to the final serving of food. (Note: Some licensees have a "conditional" license that requires food sales to be 50% or more of the total gross sales.) Source: Instructions, Interpretations and Procedures, L-24.1 - L-24.2, April 1, 1975 23038. "Bona fide public eating place,,► "meals." "Bona fide public eating place" means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the local department of health. ABC-571 (9/96) "Meals" means the usual assortment of foods commonly ordered al various hours of the day; the service of such food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement. "Guests" shall mean persons who, during the hours when meals are regularly served therein, come to a bona fide public eating place for the purpose of obtaining, and actually order and obtain a± „ch timer it gv d faith a meal therein. Nothing in this section, however, shall be construed to require that any food be sold or purchased with any beverage. Source: California Business and Professions Code HANDOUT Item No. November 17, 2014 OAti,FORNI 1 1 1137 '1,1 tea[ -- ISCQRp0itN CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 RECEIVED v i NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR BEER AND WINE SALES, A BANQUET FACILITY, AND LIVE ENTERTAINMENT AT BIG BEN MARKET LOCATED AT 108 EAST 8TH STREET. CASE FILE NO.: 2014-08 CUP APN: 556-472-23 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, November 17, 2014, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Grill House at Big Ben) The applicant is requesting to sell beer and wine for on -site consumption, provide a banquet facility, and conduct live entertainment in conjunction with an eating place (Grill House at Big Ben). Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Department on or before 12:00 p.m., November 17, 2014, who can be contacted at 619-336-4310 or planninganationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PUNNING DEPARTMENT BRAD RAULSTON Executive Director «,zo f9- $ A4 xfpr9 —mo o 914. I 5 gr i7i !sl a tit! 7Pi ° �a 6o©PNee rne- ,may c,1I t Martin Reeder HANDOUT Item No. November 1I, 2014 From: Sent: To: Subject: jack armstrong <jackarml@hotmail.com> Friday, November 07, 2014 4:40 PM Planning Public hearing re: case file no.: 2014-08 CUP APN: 556-472-23 To the National City Planning Dept. & Planning Commission. I am writing to oppose the issuance of a CUP allowing Beer & Wine sales, a Banquet Facility & Live Entertainment at The Grill House located at Big Ben's, 108 East 8th St. intend on attending the Public Hearing Monday, November 17, 2014 and additionally submit my opposition here, in written form. I oppose the issuance of a CUP for the main reason that 200 bedrooms face the outdoor venue where the entertainment will take place. Bayview Tower is located less than 100 yards from the property and on the occasions when live bands have played at the Grill House venue, the noise generated was excessive and disturbing within our individual units. I would also think that the lessons learned by the issuance of a similar CUP to McDini's across the street would prove the point that a live entertainment venue, especially outdoors, is not a welcome addition to the immediate neighborhood. Big Ben is appreciated for what it has become with its re-emergence as a neighborhood market and purveyor of healthy prepared foods. The re -opening of the Trophy Lounge just two blocks away will provide an entertainment venue in the neighborhood that is better contained and controlled. Thank you for reading my letter of opposition to the granting of this CUP. Respectfully submitted, jack armstrong lackarm@a cat 619.847.5818 November 14, 2014 City of National City Planning Commission 1243 National City Blvd National CIty,CA 91950 in re: Grill House at Big Ben Market, Jackels, et al Case file #2014-08 CUP Dear Planning Commission: Cat /6; HANDOUT Item No. November 17, 2014 We are filing this letter in OPPOSITION to the C.U.P. permit request as filed April 17, 2014 • for usage allowing for LIVE ENTERTAINMENT & Banquet facilty at the business known as GRILL HOUSE at Big Ben aka Jacket's Inc at 106 East 8th Street National City. Our opposition is based upon the following: 1. It should be noted the proposed business activities refer to "GRILL HOUSE at Big Ben" Pending liquor license #545750 lists ownership as Naseem Salem & Adel Salem, BIG BEN corporation. There is a formal hold on establishing this license listed as "Form 220" indicating someone lY has filed a PUBLIC PROTEST to prevent the issuance of this license for the good of the community. 2. According to NCMC Chapter 18.71.030 Community meeting Required. We have (post) reviewed the Community Meeting sign in sheet dated July 14, 2014. Our properties are located at: 706 "A" Avenue 704 "A" Avenue 105/107 East 8th Street and 700 "A" Avenue located directly across from proposed venue. We did NOT receive any notification of the community meetng where our displeasures would have been expressed to Grill House ownership. We feel the ommission of any invitation was intentional by Grill House ownership as our tenant owns McDlni's Restaurant Corp located across the street. We were forced to obtain file 2014-08-CUP from planning on Thursday Nov 14, 2014 at 5:28PM simply to review entire file. 3. The proposed venue is in direct VIOLATION of 18.71.040 Distance Requirements There is a legal question that pertains to the possible alter ego of Big Den Market and the proposed Grill House at Big Ben live entertainment usage. Section "E" refers to the mininum distances from schools or other uses required for 0 grocery stores involving sales of on site consumption. \t should be noted that proposed venue does not actually prepare meals, rather the U�ti�ooking facilties are located within the "sister" operation located within Big Ben's market, JOT Grill House. The state ABC issue here is, for a venue to actually acquire a Class 41 Beer & Wine license, actual meals must BE PREPARED in a kitchen area on premises. There !S NO KITCHEN or proposed kitchen at GRILL HOUSE outdoor area. It would appear the applicants are attempting to illegally obtain a BEER & WINE license. 4. The proposed architect plans fail to show WINDOWS or DOORS to eliminate any glaring SOUND or NOISE complaints. In its present form, Grill House is an OPEN, exterior patio -type establishment Further, GRILL HOUSE area openly faces the 100+ BAY VIEW condo units located less than 600' WEST of Grill House. • Page Two j It would be safe to assume that any music provided by live bands, club DJ'S or other LIVE ENTERTAINMENT would openly cause great NOISE OBSTRUCTIONS to the many residents at Bay View aside from the Union Bank located just 100' east. 5. Our many tenants at 105/107 East 8th Street and 704/706 "A" Avenue have already experienced a blatant and ignorant incident with Grill House at Big Ben. On or about May 14, 2014, Grill House presented a 10pc live band (Colours) during a Sunday afternoon/evening session in the outdoor patio area. It should be noted that GRILL HOUSE did NOT HAVE a conditional use permit for this illicit activity. During this LIVE BAND violation by Grill House, our present and forrner tenants at 105 AND 41 East 8th STreet businesses were adversley affected by the TERRIBLE noise factor. Despite several calls to NCPD to no avail, McDini's was forced to close early at about 6PM - 11 PM to the uncontrolled and obviously unsupervised music activity. There was no security present nor did ownership heed calls rom McDlni's to desist the loud and uncontrolled music levels. 6. The alter ego business at Big Bens next door sells alcohol tor OFF SITE consumption. This includes small bottles of 1 oz & 3.75 oz' plastic bottles of CHEAP vodka and other hard liquor, along with "low end" 40 oz Beer products. These products are targeted for low -end clientele, transients and street beggars. The actual problem is, these persons have been attracted to Big Bens for several decades and are visually soliciting for money to purchase these items in the alley's aside, and across 1 from Big Bens, most notably in the 800 block of 8th Street located directly across (NORTH) of Bens/Grill house. � There is no way that proposed GRILL HOUSE security could deter anyone from entering the next door market, procuring cheap liquor then consuming it within the GRILL HOU'". area while entertainment or banquets are present. The Big Ben market has previous violations for sales of liquor to under age persons and RECENT 2013 CALIFORNIA STATE A.B.C. investigations of sections pertaining to "SALES TO OBVIOUSLY INTOXICATED PERSONS" meaning that Bens OPENLY sells hard liquor and cheap beer to drunk persons at all hous, most recently at 6:03AM as documented on receipts submitted to ABC investigators in the San Diego office. These intoxicated persons have been documented frequenting and PASSING OUT on the street across from Bens, just far enough from Bens to give the impression they did int frequent Big Bens. These persons are documented drug users, street alcoholics and street prostitutes that frequent both BEN'S and the general NATIONAL CITY community at large including the 700-800 Block of "A" AVENUE through 800 block of National City Blvd. Neither BENS nor GRILL HOUSE have ever openly demonstrated any sort of community "embracement" during the original or post -fire business operations. This activity would openly dissaude TOURISM from frequenting this IMMEDIATE area, something the area museums have been working towards accomplishing. Before Grill House is allowed to offer live entertainment, they should be forced to: 1. Build an actual on -site kitchen within GRILL HOUSE preparing, cooking and serving actual on -site meals within the actual patio building. (Not on 2014 plans) 2. Completely envelope the patio area on WEST, SOUTH & NORTH corridors with a minimum of 1-1/2" thick SOUND PROOF glass to protect all area residents are the neighboring businesses. (Not included on 2014 plan) PAGE THREE Aside from this, the following conditions should be added in any further considerations at this venue: 1. Maintain a min of (01) ARMED SECURITY guards and (03) additional licensed SECURITY TEAM that will patrol the areas directly next to GRILL HOUSE along with the bar/restaurant at McDlni's locates at 105 East 8th Street in an actual show of community support. If guards or security company ownership is found to have criminal records or lawsuits involving fraud or lack insurance for deceptive motives, CUP would be suject to revocation proceedings. 2. A condition that if any liquor is conficated or found within or within (50 ' from GRILL HOUSE, that live entertainment conditions will be immediately revoked. Liquor refers to ANY BOTTLE, BEER CAN or WINE BOTTLE of any size or brand. This will protect the community and force BENS to exhibit best behavior. 3. No DJ'S should be allowed to perform as the permit specifically refers to live music, aka "live bands" 4. A condition allowing for a revocation it more than ONE incident occurs within a one-year period form the issuance of any permit. Incident refers to any fight, persons in distress, persons appearing intoxicated in public, Noise complaints, trespassing violations and vagrancy for more than TWO minutes in areas within 300' of Grill House, including repeated illegal parking in private lots within (300)' of Grill House after verbal or written notification to either entity, GRILL HOUSE, JACKELS inc, Jackel Family Trust or Big Bens Corporation ownership. 5. That GRILL HOUSE will demonstrate good faith and cooperation with all residential and commercial business neighbors by providing clean-up & maintenance services that encompass the areas at least 300' EAST/WEST-NORTH/.SOUTH of Grill House. This includes broken fences at residents at residents behind Bens, trash left discarded in the streets and parking areas that aboud Grill House, including ALL merchants parking area entrances, landscaping & building exteriors. Any violations of the above would result in a revocation of the permit for live entertainment OR banquet services. 6. Obtain a separate health dept rating that would allow for (indoor) serving of food. There is no present HEALTH CODE grade visible at Grill House. The grade listed refers to Big Ben Market, NOT GRILL HOUSE. 7. That no operation of these premises should continue until an approved 2014 code kitchen suppression system is in actual opertaion within GRILL HOUSE. PAGE FOUR 8. That no operation allowing live entertainment be permitted until a complete crime & incident study be completed by NCPD, IPS and any other agencies or private firms that demonstate the levels of crime statistics and other emergency services involved with the area at 108 EAST 8th STREET and the immediate area impacting 600 - 900 block of "A" AVENUE, 000 - 800 Block of 8th Street that shall be incorporated into any decisions involving CUP application for GRILL HOUSE. Finally, we believe that GRILL HOUSE does NOT currently possess the ability to demonstrate the operation of a banquet or live entertainment venue based upon lack of previous expertise in either area, aside from the current ABC protest and numerous civic, municipal and state VIOLATIONS. Sincerely; Howard Adler Trust P.O.box 15352 San Dlego,CA 92175 (619) 739-1166 McDlni's Restaurant Corp 105 East 8th ST National City,CA 91950 SOLOMON FACTORY DIRECT VEE PARTS 706 "A" AVENUE 704 "A" AVE National CIty,CA 91950 Nati City CA 91950 Parking Facilty 700 "A" AVENUE National city,CA 91950 NATIONAL CITY MUNICIPAL CODE Chapter 18.71'SAL€ OF ALCOHOLIC BEVERAGES AND LIVE ENTERTAINMENT 18.71.010 Conditional use permit --Required. A conditional use permit is required for the sale of alcoholic beverages, whether for on -site or off- s to consumption, and may be approved pursuant to Chapter 18.116 of this title and Sections 18.71.020, 18.71.030, 18.71.04-0, 18.71.050 and 18.71.060. (Ord. 2236 § 2 (part), 2003) 18.71.020 Conditional use permit -Additional notice required. In addition to notice required pursuant to Section 18.130.080, and in accordance with procedures for mailing written notice as contained in Section 18.130.080, written notice for a public hearing on a conditional use permit for the sale of alcoholic beverages shall be provided to owners and occupants of property within a radius of six hundred sixty feet of the exterior.boundaries of the property where the sale of alcoholic beverages is proposed. (Ord. 2236 § 2 (part), 2003) 18,71.030 Community meeting --Required. Prior to the public hearing required pursuant to Section 18.71.010, the applicant shall hold a community meeting to inform residents of a proposal for the sale of alcoholic beverages. The applicant shall provide to the planning department documentation of the meeting and input received. (Ord. 2236 § 2 (part), 2003) 18.71.040 Distance requirements. Establishments where alcoholic beverages are sold for on or off -site consumption shall be located as follows: A. Liquor stores, or other businesses where the principal use involves the sale of alcohol for off - site consumption, shall be: 1. A minimum of six hundred sixty feet from any public school (kindergarten through twelfth grade) within the boundaries of the city; and 2. A minimum of five hundred feet apart. B. Bars and cocktail lounges or other establishments where me sale of alcoholic beveragesfor on -site consumption is the principal use, shall be: 1. A minimum of six hundred sixty feet from any public school (kindergarten through twelfth grade) within the boundaries of the city; and 2. No less than one thousand feet apart. C: Restaurants where the sale of alcoholic beverages for on -site consumption is accessory or incidental to the principal use shall be a minimum of six hundred sixty feet from any public school (kindergarten through twelfth grade) within the boundaries of the city; except that this distance requirement shall not apply to restaurants (other than fast-food restaurants With drive -through service) where at !east thirty percent of the floor area of the building is comprised of seating area. D. Private clubs or lodges, bowling alleys, theaters and other establishments where the sale of alcoholic beverages is accessory or incidental to the principal use shall be: 1. A minimum of six hundred sixty feet from any public school (kindergarten through twelfth grade) within the boundaries of the city; and 2. No closer than five hundred feet apart. This limitation shall not apply to restaurants. California ABC - License Query System - Data Summary 2 California Department of Alcoholic Beverage Control License Query System Summary as of 11/16/2014 ieense lnforneation 'License Number: 545750 Primary Owner: BIG BEN MARKET CORP THE (ABC Office of Application: 10 - SAN DIEGO i3jsiness Name Doing Business As: GRILL HOUSE AT BIG BEN ' 'Business Address 'Address: 106 E 8TH ST Census Tract: 0117.00 City: NATIONAL CITY County: SAN DIEGO State: CA Zip Code: 91950 Licensee :Information LLicensee: BIG BEN MARKET CORP THE Company Information Officer: SALEM, NASEEM ADEL ,T (PRESIDENT/TREASURER) ;. Officer: SALEM, ADEL (VICE PRESIDENT/SECRETARY) Stock Holder: SALEM, ADEL Stock Holder: SALEM, NASEEM ADEL T 'License Types 1) License Type: 41 - ON -SALE BEER AND WINE - EATING PLACE License Type Status: PENDING Status Date: 03-JUN-2014 Term: 12 Month(s) - Original Issue Date: Expiration Date: Master: Y Duplicate: 0 Fee Code: P40 License Type was Transferred On: FROM: fC urrent Disciplinary Action 1 .. No Active Disciplinary Action found .. . Disciplinary History .. No Disciplinary .History found ... 1 Hold Information ino1d Date: 03-JUN-2014 Type: FORM 220 .. Escrow ... No Escrow found .. . a. http://www.abc.ca.gov/datport/LQSData.asp?ID=79155041 11/17/2014 'JIAGDA 000/14 7:49dm 123 1 02 02125081 11/08 . . 'BIG Bei SONPl) 108 EAST 8TH SiMEI s.4'*4 NATIONAL CITY CA 91950 (619) 477-1015 — ,t• BUDWEISER $1 910 9 T T A F MINGLES THE ORI $2.29 - SUBTOTAL $4 38 ' TAX 1 $0,19* NIL $4,51 CASH' $20.00 cliNg $15,9 # OF ITEMS: 2 HANK 'I Oti ItBENSPECIALTVMARKET.COM November 13, 2014 City of National City attn: Mike Fellows Planning Department 1243 National City Blvd National City,CA 91950 Dear Mr Fellows; We are requesting copies of the complete file in the matter of Big Bens Market, Jackals Inc, Grill House at Big Ben permit for live entertainment & banquet facilty. We did not receive any notice of a community meeting and therefore would like to review the complete file in this matter. Please find check enclosed for $22.50 Sincere! ; Benjamin Adler McDlni's Restaurant Corp 105 East 8th ST National City,CA 91950 cc: Beury Law Department of Alcoholic Beverage Control COMMON ABC LICENSE TYPES AND THEIR BASIC PRIVILEGES AIv\i'C. State of California UCENSE TYPE 0_., DESCRIPTION 01 BEER MANUFACTURER - (Large Brewery) Authorizes the sale of beer to any person holding a license authorizing the sale of beer, and to consumers for consumption on or off the manufacturer's licensed premises. Without any additional licenses, may sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturer's licensed premises or at a bona fide eating place contiguous to the manufacturer's licensed premises. May conduct beer tastings under specified conditions (Section 23357.3). Minors are allowed on the premises, %2 WINEGROWER - (Winery) Authorizes the sale of wine and brandy to any person holding a license authorizing the sale of wine and brandy, and to consumers for consumption off the premises where sold. Authorizes the sale of all wines and brandies, regardless of source, to consumers for consumption on the premises in a bona fide eating place that is located on the licensed premises or on premises owned by the licensee that are contiguous to the licensed premises and operated by and for the licensee. May possess wine and brandy for use in the preparation of food and beverage to be consumed at the bona fide eating place. May conduct winetastings under prescribed conditions (Section 23356.1; Rule 53). Minors are allowed on the premises. 20 OFF SALE BEER & WINE - (Package Store) Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are allowed on the premises. 21 OFF SALE GENERAL - (Package Store) Authorizes the sale of beer, wine and distilled spirits for consumption off the premises where sold. Minors are allowed on the premises. 23 SMALL BEER MANUFACTURER - (Brew Pub or Micro -brewery) Authorizes the same privileges and restrictions as a Type 01. A brewpub is typically a very small brewery with a restaurant. A micro -brewery is a small-scale brewery operation that typically is dedicated solely to the production of specialty beers, although some do have a restaurant or pub on their manufacturing plant. 40 ON SALE BEER - (Bar, Tavern) Authorizes the sale of beer for consumption on or offthe premises where sold. No wine or distilled spirits may be on the premises. Full meals are not required; however, sandwiches or snacks must be available. Minors are allowed on the premises. 41 ON SALE BEER & WINE — EATING PLACE - (Restaurant) Authorizes the sale of beer and wine for consumption on or offthe premises where sold. Distilled spirits may not be on the premises (except brandy, rum, or liqueurs for use solely for cooking purposes). Must operate and maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises. Minors are allowed on the premises. 42 ON SALE BEER & WINE — PUBLIC PREMISES - (Bar, Tavern) Authorizes the sale of beer and wine for consumption on or off the premises where sold. No distilled spirits may be on the premises. Minors are not allowed to enter and remain (see Section 25663.5 for exception, musicians). Food service is not required. 47 ON SALE GENERAL — EATING PLACE - (Restaurant) Authorizes the sale of beer, wine and distilled spirits for consumption on the licenses premises. Authorizes the sale of beer and wine for consumption off the licenses premises. Must operate and maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises. Minors are allowed on the premises. 48 ON SALE GENERAL — PUBLIC PREMISES - (Bar, Night Club) Authorizes the sale of beer, wine and distilled spirits for consumption on the premises where sold. Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are not allowed to enter and remain (see Section 25663.5 for exception, musicians). Food service is not required. 49 ON SALE GENERAL — SEASONAL - Authorizes the same privileges and restrictions as provided for a Type 47 license except it is issued for a specific season. Inclusive dates of operation are listed on the license certificate. ABC-616 (09-11) • CALIFORNIA -N I O A L t ;: �a l CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD.. NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No.: Staff report by: Applicant: Property owner: Zoning designation: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 4 November 17, 2014 PUBLIC HEARING - CONDITIONAL USE PERMIT FOR BEER AND WINE SALES, A BANQUET FACILITY, AND LIVE ENTERTAINMENT AT BIG BEN MARKET LOCATED AT 108 EAST 8TH STREET. 2014-08 CUP Southeast comer of East 8th Street and "A" Avenue 556-472-23 Martin Reeder, Principal Planner Grill House at Big Ben Donald Jacket Downtown Specific Plan Development Zone 9 (DZ-9) McDini's Bar Irish Cantina across East 8th Street / DZ-9 Commercial / DZ-9 Row homes on East 9th Street / DZ-10 Union Bank across "A" Avenue / DZ-4 Categorically Exempt pursuant to Class 1, Section 15301 (Existing Facilities) BACKGROUND Site Characteristics The project site is Big Ben Market, located at the Southeast corner of East 8th Street and "A" Avenue in Development Zone 9 (DZ-9) of the Downtown Specific Plan. The market has recently undergone a remodel, which included the addition of an interior restaurant counter and an approximately 1,650 square -foot outdoor patio with an outdoor service counter (The Grill House at Big Berl). The property is generally surrounded by commercial areas, with some residential use to the south of the restaurant parking lot. Big Ben Market has a type 21 (off-saie general) alcohol license, which allows for sales of beer, wine, and distilled spirits for off -site consumption. The license is non- conforming, in that it pre -dates the City's Conditional Use Permit (CUP) requirement. Proposed Use The applicant is requesting to sell beer and wine for on -site consumption, provide a banquet facility, and conduct live entertainment in conjunction with an eating place. The area for the on -site sales would be the 1,650 square -foot outdoor patio. Plans show a seating area of approximately 1,300 square feet, a stage area of 170 square feet, and a 291 square -foot bar where the outdoor service counter is located. There is also an area of approximately 180 square feet between the seating area and stage area, which would likely function as a dancing area. Hans also show a 60 square -foot beer and wine cooler located on the south side of the building, intended to serve as a storage locker for alcohol products to be sold on the patio. It is assumed that the bar would also have its own storage area behind the counter. No specific information was received regarding type of entertainment, events, or timeframes was received, either at application or as part of the resubmittal (the application was initially incomplete). The market is currently open from 7 a.m. to 9:30 p.m. daily. The Grill House is open from 9:00 a.m. to 10:00 p.m. daily. However, proposed hours for live entertainment and banquet activities are not proposed to be limited (plans say "for any length of time"); although the applicant mentioned in the community meeting that activities could be as iate as 2 a.m. Analysis Section 18.30.050 of the National City Land Use Code allows for on -site alcohol sales and live entertainment with an approved Conditional Use Permit (CUP). Section 18.24.050 also requires a CUP for "public assembly", which is how banquet facilities are classified. Community Meeting Pursuant to Section 18.30.050 (C), the applicant is required to hold a community meeting. The meeting was held Monday, July 14, 2014 at 6:30 p.m. The meeting was held at Big Ben Market. The agenda, sign -in sheet, and minutes are attached. According to the sign -in sheet, one resident was in attendance at the meeting. The applicant made a presentation about the proposal. The attendee was generally in support of the application, but had concerns regarding how late the live entertainment would be conducted and suggested 10:00 p.m. as the latest that entertainment would occur. The Piannina Department is recommending that specific hours of operation are levied or! this CUP, should it be approved. Given that the area in which live entertainment and banquets would be conducted is outdoors, sound will be an issue. Furthermore, Title 12 of the Municipal Code (Noise) limits exposure to noise by nearby residential land uses. Noise is limited to 45 decibels between the hours of 10:00 p.m. and 7:00 a.m., and to 55 decibels between 7:00 a.m. and 10:00 p.m. Given the close proximity to residential uses (Brick Row, Bay View Towers, row homes south of the project area), staff is suggesting that live entertainment start no earlier than noon and end by 8:00 p.m., and that public assembly (banquets) activities cease before 9:00 p.m. Staff also suggests that entertainment and banquets be limited to weekends only (Friday, Saturday, Sunday). Staff is suggesting that on -site alcohol sales be limited to the hours of operation of the Grill House (9:00 a.m. to 10:00 p.m.). Alcohol Sales Concentration/Location Per the California State Department of Alcoholic Beverage Control (ABC), there are currently thirteen (13) other on -sale permits issued in this census tract (117). These permits are: Name Address License Type* Trophy Lounge 999 National City Blvd. 48 Chuck E. Cheese 1143 Highland Ave. 41 Royal Mandarin 1132 E. Plaza Blvd. 205 41 Thomas H. Cosby Jr. Post 4630 1401 Highland Ave. 52 Golden Chopsticks 1430 E. Plaza Blvd. E22 41 Karina's Mexican Seafood 1705 Highland Ave. 41 Ginza Sushi 925 E. Plaza Blvd. G 41 Lai Thai Restaurant 1430 E. plaza Blvd. Pin 41 Cafe La Maze 1441 Highland Ave. 47 Wingstop 932 Highland Ave. 41 Panda Palace 1132 E. Plaza Blvd. DIE 41 McGonagles 1231 Highland Ave. 41 Larry E. Bennett Post 255 35 E. 18th St. 52 * Type 41 - On -Sale Beer and Wine for Bona Fide Public Eating Place Type 47 - On -Sale General for Bona Fide Public Eating Place Type 43 - On -Sale General for Public Premises Type 52 - Veterans' Club All but three of the other on -sale licenses are restaurants. The remainder are a bar/cocktail lounge (Trophy Lounge) and two veteran's clubs. Census tract 117 includes the area of the City between National City Boulevard and Palm Avenue, and between East 8th and East 18th Streets. The attached census tract map shows the location of the subject tract. ABC recommends a total of seven on -sale alcohol permits be issued in this census tract, where thirteenu7y exist. Therefore, the census tract is considered to be over -concentrated with regard to on -sale alcohol licenses. Chapter 18.030.050 (D) requires a 660-foot distance from sensitive uses such as schools. However, restaurants with greater than 30% of their area devoted to seating (as applies in this case) are exempt from these distance requirements. Integrity Charter school is approximately 365 feet from the restaurant, and Central Elementary approximately 1,200 feet away. Police Department comments Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 20) had a crime rate of 371.6%, above the 120% considered to be a high crime area. PD also provided a Risk Assessment report, which assigns points based on the type of business, license concentration, and calls for service (among others) and ranks the business according to potential risk (low, medium, or high). In this case, Big Ben Market received a score of 17, which would indicate a medium risk. Low Risk is 0-12 points; Medium Risk 13-18 points; and High Risk 19-24 points. Concerns noted by the Police Department included the lack of proactive enforcement of live entertainment venues, proximity to residences and schools, high crime, license over -concentration, and the facility already had an ABC license (off -sale license). Institute for Public Strategies (IPS) comments IPS had concerns related to license over -concentration, and to proximity to schools and churches in the area. IPS interviewed 12 people in the area. Some were not supportive due to concerns over noise, security, and public nuisance caused by existing live entertainment and alcohol establishments. Most in support of the business suggested a closing time of 10:00 p.m. Building and Fire Department comments Comments received by both the Building and Fire Departments referenced the change in occupancy of the outdoor patio area with the addition of public assembly and live entertainment. Building is requiring additional bathroom facilities, and Fire is requiring fire sprinkler installation. Comments are included as Conditions of Approval. Parking/Traffic The outdoor patio exists and is parked accordingly. In addition, alcohol sales are not likely to increase the need for parking on the property. However, live entertainment and especially banquets/public assembly is likely to draw more people than the parking lot can accommodate. The parking lot on the property has 23 parking spaces. Any lack of parking on site would manifest itself in parking impacts on adjacent residential streets. Traffic is not expected to be affected due to East 8th Street being an arterial street that is operating within its capacity. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions related to noise and specific to on -sale alcohol sales per Council policy (alcohol incidental to food, hours of operation, patio signage, RF SS training, etc.). There is also a condition prohibiting alcohol purchased from the market to be consumed on site Summary Big Ben Market is a successful business in the downtown area. The addition of the Grill House has added to the popularity of the business. Although other downtown businesses have enjoyed the ability to offer live entertainment, there have been problems in recent years related to noise, public nuisance, and parking in the area because of these uses. If utilized within reasonable time limits, live entertainment and banquet activities will benefit the subject business and potentially add to its recent success. However, being an outdoor patio raises concerns regarding noise in the area, which is in proximity to several residential areas. Potential parking and public nuisance impacts are also possibilities. Conditions of Approval limit entertainment activities to 8:00 p.m. and other activities (other than the existing commercial business) to 9:00 p.m. on weekends only. The Commission may approve the CUP based on these suggested hours, amend the hours of operation as they see fit, or deny the permit. The Commission also has the option of asking staff to return at a subsequent meeting with additional information if requested. cOBfro CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2014-08 CUP Project Location: 108 East 8th Street, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit application for on -site beer and wine sales, live entertainment, and a banquet facility at an existing restaurant (Grill House at Big Ben). Applicant: Grill House at Big Ben c/o: Nick Salem 108 East 8th Street National City, CA 91950 Exempt Status: Telephone Number: (619) 477-1015 Categorical Exemption. Class 1 Section 15301 (Existing Facilities) Reasons why project is exempt: The project will result in no changes to the physical environment, since the proposal is located completely within the existing restaurant space. Date: MARTIN REEDER Principal Planner RECOMMENDATION 1. Approve 2014-08 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2014-08 CUP subject to the conditions listed below, based on attached findings; or 3. Continue the item to a subsequent agenda. ATTACHMENTS 1. Recommended Findings for Approval/Denial 2. Recommended Conditions 3. Location Map 4. Census Tract Map and Police Beat Map 5. Community Meeting Information (agenda, notice, and sign -in sheet) 6. Public Hearing Notice (Sent to 510 property owners and occupants) 7. Notice of Exemption 8. Applicant's Plans (Exhibit A, case file no. 2014-08 CUP, dated 10/2/2014) 110,AAbiL MARTIN REEDER, AICP Principal Planner BRAD RAULSTON Executive Director RECOMMENDED FINDINGS FOR APPROVAL 2014-08 CUP, 108 East 8th Street 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 alcohol sales for on -site consumption, live entertainment, and public assembly are conditionally -allowed uses in Development Zone 9 of the Downtown Specific Plan Area, 2. That the proposed use is consistent with the General Plan and any applicable specific plans, since alcohol sales, live entertainment, and public assembly are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan; and since alcohol sales for on -site consumption, live entertainment, and public assembly are conditionally -allowed uses in Development Zone 9 of the Downtown Specific Plan Area. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, since the proposed uses are accessory to a restaurant use in an existing commercial area and the proposed uses are not expected to appreciably increase traffic on East 8th Street based on the current capacity and traffic numbers. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since no expansion of the building is proposed. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, since the proposed use will be compatible with other nearby businesses; and since the proposed use be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available, as well as limit hours of public assembly and live entertainment. 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 categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the continued viability of a restaurant, an established and allowed use in Development Zone 9. 8. That public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDINGS FOR DENIAL 2014-08 CUP, 108 East 8th Street 1. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since there is already an over -concentration of on -sale alcohol licenses in census tract 117.00 in which the subject property is located. 2. That the proposed use is not deemed essential and desirable to the public convenience and welfare since beer and wine are currently offered at ten other restaurants within the same census tract. 3. That live entertainment and public assembly in an outdoor area that is in close proximity to residential areas has the potential for noise impacts and other deleterious effects on said areas. 4. That public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED CONDITIONS OF APPROVAL 2014-08 CUP, 108 East 8th Street General 1. This Conditional Use Permit authorizes the sale of beer and wine, live entertainment, and a banquet facility at an existing restaurant located at 108 East 8th Street. Plans submitted for permits associated with this project shall conform with Exhibit A, case file no. 2014-08 CUP, dated 10/2/2014. 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 7. The proposed project shall be constructed as per the 2013 California Building, Electrical, Plumbing, Mechanical and Fire Codes. The proposal is considered a change of occupancy from an A-3 to an A-2 use. As a result, the current toilet rooms shall be updated to reflect the requirements of the new proposed occupancy per 2013 California Plumbing Code, Table 422.1. Fire 8. The project shall be built to code. The National City Fire Department utilizes the 2013 edition of the California Fire Code and the 2013 edition of the National Fire Protection Association Codes and Standards. 9. The project is described as an A-3 Occupancy per the submitted plan. This is incorrect. The project is defined as an A-2 occupancy per the California Fire and Building Codes. 10. CFC 903.2.1.2 group A-2 Occupancy - An automatic sprinkler system shall be provided for a group A-2 Occupancies where one of the following conditions exists: • The fire area has an occupant Toad of 100 or more. • The occupant load according to the submitted documents, describes an occupant load of 168 occupants. 11. The A-2 occupancy shall be evaluated and designed for fire alarm coverage. 12. Fire alarm and fire sprinkler shall be evaluated and installed for intended use per code. Plans and permit fees shall be paid directly to the National City Fire Department. Planning 13. No distilled spirits or other alcoholic beverages purchased from the market may be consumed on the property. Only beer and wine purchased from Grill House at Big Ben may be consumed 14. The sale of alcoholic beverages for on -site consumption shall be limited to between the hours of 9:00 a.m. and 10:00 p.m. seven days a week. 15. The hours of live entertainment shall be limited to between 12:00 p.m. and 8:00 p.m. Friday, Saturday, and Sunday. 16. Public assembly activities (e.g., banquets, parties, etc.) shall be limited to between 12:00 p.m. and 9:00 p.m. Friday, Saturday, and Sunday. 17. Public assembly activities not associated with normal Big Ben Market and Grill House operations shalt cease no later than 9:00 p.m. 18. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the pe,miittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 19. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. Ali information obtained by an investigation of records shall remain confidential. 20.Alcohol shall be available only in conjunction with the purchase of food. 21. Permittee shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off -premises. 22. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 23.AII activities shall comply with Title 12 (Noise) of the National City Municipal Code. Police 24. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 125 02 i 4 02 123 ©4 ,ugust 25, 2014 1 CensusTracts 2010 1:45,467 C. 0.375 0.75 1.5 mi 0 0.5 1 2 km Sources. Esri, HERE, 7eLomte. TomTcm, Intermap, increment P Cog GEBCO, USGS, FAO, NPS, N CAN, GeoBase, IGN, Kadaster N_, Oidnan Survey, Esri Japan, METI, Esri China (hbrg Kong), swisstapo, Mapmylndia, OpenStraetMapcontributcrs, end tie GIS User Community •., iitt1 .S r4 95 F cy 1. 3 .. Goprnght� end tRk 188&= a Mp! rosoICoforatian androF.if ._Ss.--::;-;, upplier's:- Certaoi mapping 7rld dlr.ctltPrir7 fai © 2005 NAVTEQ. All rights resdiv_gJ NA All FUht_ reserved Tele AGas and 1 ele Atlas Korth America.aretiademarki, • t reserved Portions(9 V00=8005 (iiapllSh eld 4olbuars-Corpdralion All right: )nceNiLVIElii ON BOARIliarry tleinarkf otl.1R6E0 ©2005 Me Nla=_ Norik am ysF rued. s City of National City Beat 20 Source: Microsoft Mappoint NCPD CAU, 4/18/07 BIG BEN MARKET, INC DBA Grill House at Biq Ben Market 106 East 8 STREET NATIONAL CITY, CA 91950 Community Meeting Agenda Date: Monday, July 14, 2014 Time: 6:30 pm - 7:30 pm Subject: Community Meeting Applicant: BIG BEN MARKET, INC. Project Title: Grill House at Big Ben Market Location: 106 East 8 Street, National City, CA 91950 619-477-1015 #1 Purpose of this meeting: This meeting is a requirement of the city of National City to notify all of the residents and business owners within 660 feet of the project and to get their comments, feedback and concerns. A report of the meeting will be presented to the City and a copy of the sign-up sheet. #2 What is the proposed project: The addition of On -Sale beer and wine license and life entertainment to the restaurant. #3 The purpose of the proposed project: To serve our customers and our community better by offering On -Sale beer and wine and life entertainment to the restaurant. Our goal is to make our costomers dining experience pleasant and convenient. #4 Information regarding the project: #5 O&A: #6 The Applicant is asking for the community's support: #7 Adjournment: Community Meeting Agenda 7-14-2014 Page 1 of 1 Monday, July 14, 2014 CITY OF NATIONAL CITY PLANNING DEPARTMENT 1243 National City Blvd National City, Cr 91950 Subject: Community Meeting Minutes. Applicant: BIG BEN MARKET, INC. Contact Person: Naseem Salem 106 East 8 Street National City, CA 91950 619-477-1015 Project Title: Grill House at Big Ben Market Project Location: 106 East 8 Street National City, CA 91950 619-477-1015 Per the City's requirements for a Conditional Use Permit, BIG BEN MARKET, INC. dba Grill House at Big Ben Market invited the community to a meeting to get their comments, feedback and concerns regarding the addition of On -Sale beer and wine license to the restaurant. The meeting was conducted onJuly 14, 2014 at Grill House at Big Ben Market located at 106 East 8 Street, National City, CA 91950. Naseem Salem called the meeting to order at 6:35 pm. Mr. Salem welcomed the only attendee, Ms. Janice Martinelli, to the meeting. He thanked her for taking time to attend the meeting and learn more about the proposed project. Mr. Salem asked Ms. Martinelli to write her name and those who she represents on the sign-up sheet. Ms. Martinelli wrote her name and others who were identified as residents of National City. Mr. Salem started his presentation, which included the following information: #1 Purpose of this meeting: This meeting is a requirement of the city of National City to notify all of the residents and business owners within 660 feet of the project and to get their comments, feedback and concerns. A report of the meeting will be presented to the City and a copy of the sign-up sheet. #2 What is the proposed project: The addition of On -Sale beer and wine license and life entertainment to the restaurant. Community Meeting Minutes 7-14-2014 Page 1 of 2 #3 The purpose of the proposed proiect: To serve our customers and our community better by offering On -Sale beer and wine and life entertainment to the restaurant. Our goal is to make our costomers dining experience pleasant and convenient. #4 Information regarding the_proiect: Mr. Salem acknowledged the selling of beer and wine may cause some concerns with some community members. He shared the following information: • The Applicant request is in compliance with the City's Development regulations of the underlying zone and other applicable sections of the Land Developments Code. • The Applicant is a very responsible retailer that have demonstrated over two decades his good judgment when serving adult beverages. He has been proactive in his involvement with law enforcements and the community in which he serves. ▪ The Applicant will have policies in place to combat underage access to alcohol such as requiring ABC LEAD trsining for all clerks and servers as a condition for employment. #5 0 & A: After Mr. Salem concluded his presentation he asked Ms. Martinelli for her feedback, concerns and any questions she may have. The only concern raised by Ms Martinelli was regarding hours of operation for the live entertainment. Ms. Martinelli requested that life entertainment should not exceed 10:00pm. Mr. Salem informed Ms. Martinelli that ABC laws permit the hours of operation for On -Sale license until 2:00 am. Mr. Salem highlighted the importance of the restaurant location in downtown National City as an attraction for residents and tourists. It will be very helpful for the restaurant to remain. competitive with other restaurants close by who have the ability for life entertainment until 2:00am. Furthermore, Mr. Salem expressed his respect and appreciation for law enforcement and to our city leaders and staff, which they will consider all the facts and make the final decision to what is best for our community. Mr. Salem also expressed his willingness to work with the National City Police Department and city staff to address any additional concerns they may have. #6 The Applicant is asking for the community's support: Mr. Salem asked Ms. Martinelli for her support for the addition of On -Sale beer and wine license and live entertainment to the restaurant and she expressed her support of the proposed project. #7 Adiournment: Mr. Salem thanked Ms. Martinelli for her attendance and her feed back and gave her his contact information and invited her to call him for any additional questions/concerns. The meeting adjourned at 7:35 pm Community Meeting Minutes 7-14-2014 Page 2 of 2 Community Meeting's Sign Up Sheet - Judy 14, 2014 Big Bens biarrkett Inc. NAME ADDRESS PHONE EMAIL 1 A ®1 1?-1P k ckbtO A 9103,_ flictkAtiv. ri J atisiPabl cAt 0 '2? \19.0. \YA (-‘c() 1 q).-.)A 431J,1 , 1,tTit N) C-Ak-AS-t042-(f) ., ax-4 4',1 NiDocyr2s-pyr-6.4 tAkAoorl cALTo flL A✓�see- 4ptr / �� is e' 0.- '-t--t.. , - !? it °7 7,_ j,t li- AJ 5 •ee4.- Sari — 6' ,.ia-L 11J2- le 10 11 @ (m411. L,. cool Je 1 b vd ranvs l c, L ; • f+ s1p pStty, rz cadta La 111 CAI.:FORUiA -> rikTIONAI /NeappptLA'Y'Z CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CrrY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR BEER AND WINE SALES, A BANQUET FACILITY, AND LIVE ENTERTAINMENT AT BIG BEN MARKET LOCATED AT 108 EAST 8111 STREET CASE FILE NO.: 2014-08 CUP APN: 556-472-23 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, November 17, 2014, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Grill House at Big Ben) The applicant is requesting to sell beer and wine for on -site consumption, provide a banquet facility, and conduct live entertainment in conjunction with an eating place (Grill House at Big Ben). Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Department on or before 12:00 p.m., November 17, 2014, who can be contacted at 619-336-4310 or planning( nationalcitvca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PUNNING DEPARTMENT BRAD RAULSTON Executive Director December 1, 2014 City of National City - Planning Department 1243 National City Blvd. National City, CA 91950 Nertfrt-nro_3 Dear Brad Raulston and National City Plannin Commission: We are residents residing on the 100 block oflEast 9th and 900 block of A Ave. and would like to provide input into the hearing regarding Con itional Use Permit (CUP) 2014-08, APN 556-472-23 for Big Ben Market located at 108 East 8th Street. We are excited that Big Ben Market wants to . e a lively part of the community and the neighborhood however we also have some concerns about ig Ben's application for a Banquet Facility along with Live Entertainment. Since Big Ben's in ' oar space is a grocery store, all activity would take place at the outdoor patio space located adj . cent to the market thus raising many "good neighbor" questions. • The Grill House adjacent to Big Ben M . i ket is an outdoor patio. It is not a Banquet Hall and we have concerns about a stage being built and li e music up to 7 days a week until 8pm on weekdays and 1Opm on weekends as some committee embers spoke in favor of at the last commission hearing on 11/17/2014, despite the planning • epartment's staff recommendation that music be limited to weekends and only until 8:OOpm. • Some of us have small children and as ' eighbors to Big Ben also deserve the right to an urban environment that respects the mixed use corr dor of 8th Street and it's surrounding neighborhood. When we first moved into our homes 12 yearago, Big Ben was only a market. While we welcome the remodel and addition of the restaurant w= also believe that a banquet hall with live music up to 7 days/week into the night will greatly affect o r living situation. • We recognize that there are noise ordi ances. How would these be enforced? We can not imagine that live music (unless it is acoustic) 11 meet the noise ordinance since the proposed stage is outdoors on the patio. When Big Ben had li e amplified music this summer on a Sunday afternoon, it certainly was welcome as an occasional cele• ration where the community was invited, however the band was audible through our double pan d windows. Though we enjoyed the band on that afternoon, we feel that renting out the space a a banquet hall with live music to private parties would present problems. • Some commissioners raised the questi n at the last planning meeting about why more people hadn't attended the neighborhood meeting or ; anized by Big Ben. The answer is simple - on the letter we received, Big Ben made no mention f live music and we do not have an issue with the request for an alcohol permit to go along with thp. sale of food. Hence we did not attend the meeting. Our family certainly appreciates having Big B n Market in our neighborhood and the upgrades that have been made to the facility. We no nelieve hat Big Ben can be a cornerstone for neighborhood growth but we ask that parameters such as umber of days per week (Friday, Saturday Sunday only), reasonable hours (no later than 8p ), and noise abatement be considered for Big Ben's request to have live music as this is an outcj.00r patiospace and not an indoor banquet hall. Sincerely, Danielle and Ricardo Castillo (100 block of E. ' to Street) Jessica Mendoza (100 block of E. 9th Street) Todd Quarles (900 BlockAAvenue) december 01.2014 f 3 to: CITY OF I TIONAL CITY PLANK G COMMISSION from: TENANTS at 7041706 "A" AVENUE cluster 105/107 EAST 8th ST cluster re: APN 556.17 2-23 GRILL HOUSE (BEN'S MARKET) CUP r•equec ALL tenants at above addresses continue to OPPOSE the granting of a CUP for live entertainment/banquet facilities at the address (incorrectly) listed as 208 East 8th Street. The grounds are as follows: GRILL HOUSE management/ownership INTENTIONALLY failed to provide legitimate NOTICE of a community meeting to our (4) tenants at above addresse3 nor did they provide NOTICE to the 100+ actual residents at BAY VIEW TOWERS located at 8th & NATIONAL CITY BLVD's. The comments by two of the residents at the NOV 2013 PLANNING COMMISSION hearing validates this claim ("We did not received any notice from anyone until today") NCPD acted selectively and indifferently by failing to issue any comments with r, ?ect to issue's of CALLS FOR SERVICE originating from 1.o6/io8 East 8th Street, inclut i rig previous illegal gatherings and outdoor retail violations from JULY 2012, and most recently (illegally enacted live entertainment) in MARCH 2014, along with ABC violation protest letters directed at (BEN's) market for occurrences in 2011, 2012 & 2013, (BEGGING & SOLICITING MONEY outside establishment), including lack of code -min size signage at exterior of all sides of market & restaurant, nor was P.D. present t:a answer any questions from public. There is a ABC requirement being "overlooked" in that a "establishment must have a functioning kitchen on site preparing actual meals for consumption" The GRILL HOUSE kitchen was inadvertently built within the MARKET structure at 108 EAST 8th STREET (NOT io6 EAST 8th STREET) a SEPARATE ADDRESS and completely SEPARATE operation! THERE ARE NO WINDOWS or DOORS at the exterior of GRILL HOUSE, MUSIC WILL AIM TOWARDS THE BAYVIEW TOWER CONDO -HOMES, the NEWER ROW HOUSES at 9th & "A" AVENUE and the OPEN busineness located at 105/107 - 7041706 "A" AVENUE's, OPENLY DISTURBING all residents & TENANTS! Grill House openly asked for special consideration to "avoid losing money" This is NOT the problem of BAYVIEW residents or others in the areas. Grill house was licensed as restaurant, NOT AN EVENT CENTER. Owners of GRILL HOUSE have option of converting outdoor area into OUTDOOR sales of produce, atypical to successful "organic" FARMERS MARKET'S NO voices were heard from GRILL HOUSE as how to eliminate the excessive DAILY litter of SPIRE - oz HARD LIQUOR) bottles s: to obviously intoxicated persons at BEN'S MARKET, nor solutions as to LICENSED and DUTIFULLY insured security, sound engineer's, parking attendants, tow companies nor fine structures to levy agaist GRILL HOUSE for continued violations of these and other municipal laws already in place. BENS ownership has NEVER displayed any consideration for neighbors, county health codes, state ABC laws, etc, other than SELF-SERVING desires at this time. ON BEHALF of tenants as listed above, we ask planning commission to please DENY ANY conditional use permits for GRILL HOUSE for the public's safety and peaceful enjoyment of living & trade area's. We DO encourage them to reasssess their plans and return in the future better prepared to avoid attempting any "short-cuts" or possible future legal claims for noise, litter, solicitations for money, and/or other disturbances. RESOLUTION NO. 25-2014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR BEER AND WINE SALES, A BANQUET FACILITY, AND LIVE ENTERTAINMENT AT BIG BEN MARKET LOCATED AT 108 EAST 8TH STREET. CASE FILE NO. 2014-08 CUP AP N: 556-472-23 WHEREAS, the Planning Commission of the City of National City considered a Condition?! Use Permit for beer and wine sales, a banquet facility, and live entertainment at Big Ben Market located at 108 East 8th Street at duly advertised public hearing held on November 17, 2014 and December 1, 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. 2014-08 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearings held on November 17, 2014 and December 1, 2014, support the following findings: 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 alcohol sales for on -site consumption, live entertainment, and public assembly are conditionally -allowed uses in Development Zone 9 of the Downtown Specific Plan Area. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, since alcohol sales, live entertainment, and public assembly are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan; and since aicohoi sales for on -site consumption, live entertainment, and public assembly are conditionally -allowed uses in Development Zone 9 of the Downtown Specific Plan Area. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future and uses in the vicinity, since the proposed uses are accessory to a restaurant use in an existing commercial area and the proposed uses are not expected to appreciably increase traffic on East 8th Street based on the current capacity and traffic numbers. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since no expansion of the building is proposed. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, since the proposed use will be compatible with other nearby businesses; and since the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available, as well as limit hours of public assembly and live entertainment. 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 categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. 7. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the continued viability of a restaurant, an established and allowed use in Development Zone 9. 8. That public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the sale of beer and wine (On -Sale Beer and Wine for Bona Fide Public Eating Place), live entertainment, and a banquet facility at an existing restaurant located at 108 East 8th Street. Plans submitted for permits associated with this project shall conform to Exhibit B, case file no. 2014-08 CUP, dated 11/17/2014. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, T itie 14, Section 7 53.5, the appiicant shall pay aii necessary environmental filing fees for the San Diego County Clerk. Checks shali be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit approves three separate uses: on -site beer and wine sales, live entertainment, and public assembly. If any of the uses authorized by this resolution are not exercised within one year after adoption of the Resolution of approval, that use or those uses shall become null and void and will no longer be part of this permit unless extended according to procedures specified in the Municipal Code. 4. This permit approves three separate uses: on -site beer and wine sales, live entertainment, and public assembly. If any of the uses authorized by this resolution are discontinued for a period of 12 months or longer, permission to conduct that use or those uses shall expire and will no longer be part of this permit. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 6. 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 7. All plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, and Mechanical Code. Fire 8. All plans submitted for improvements must comply with the 2013 editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA), and the current edition of the California Code of Regulations. 9. No public assembly or live entertainment uses may be conducted until all required building improvements have received final inspection and issued a certificate of occupancy. Planning 10. Al! alcohol products shall be served by an employee of the Grill House at Big Ben. No self -serve of any alcohol products is permitted. 1. No distilled spirits purchased from Big Ben Market or elsewhere may be brought into or consumed on the outside patio. All alcohol purchase and consumption occurring in the outside patio shall comply with the ABC regulations related to a Type 41 license (On -Sale Beer and Wine for Bona Fide Public Eating Place). No on -sale purchases shall be made inside Big Ben Market. 12. The sale of alcoholic beverages for on -site consumption shall be limited to between the hours of 9:00 a.m. and 10:00 p.m. seven days a week. 13. The hours of live entertainment and public assembly activities (e.g., banquets, parties, etc.) shall be limited to between 12:00 p.m. and 10:00 p.m. Friday, Saturday, and Sunday. 14.AII live entertainment and public assembly activities shall comply with Table !il of Chapter 12.06 (Exterior Noise Limits) of the National City Municipal Code. 15. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 16. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 17.Alcohol shall be available only in conjunction with the purchase of food. 18. Permittee shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off -premises. 19. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Police 20. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of December 1, 2014, by the following vote: AYES: Garcia, Baca, Bush, Flores, Alvarado NAYS: Dela Paz ABSENT: Pruitt ABSTAIN: None „,,,,..., j//(______ CHeERSON 'GRILLNEVISE- AT BIG BEN LFL+`7L@TfJ ' 1' SITE PLAN ADIACGITTENANT (NOT PART DE THIS PEJRI EXIST PARKING LOT -NO WORK GENERAL NOTES PROJECT DIRECTORY R4014001.EIA70DE010Noom NOWA Moms.ts IXMA.1.07x x.ssesann N RSAcmclr9ca0YP01097 0:800.F4101300u7B040.07.1007/010,p7(8.0WI6 0B2A0m.sr 0111 PEM a 4431r4 740IIX}D1..0 2sEASOOffDNOLOC.R3YY4 70N.1F4eF0.1R1NE 0X0 ♦ rox1Arcav 0400)n..&1010Nn3&020000 L00.4Sa 000LSE0E04760047F]F4tlE ENAE016S.93)DW*O. I4:100.0 00NERSAZYYUA651N11SESI0.4NMnuhi OFAw D4m1NC»AW4N416A,0007111B0RWECONIAE-00G. 700.00 0 S EYY 1111 M O4 M 2f91C.@ Po 69 PA W L.O 1a.01 BE 70040.1,01011107.00e0FA071m00 MI R NB. 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CAS1133I U.R.M: OY_& SPIWIRERE6 YE$ ®N NO [II3FORIC:QYE3 ®N0 20NE: AP.N.: LESB.DERCRIPD011. 604-172-23-00 LCT 111 RU 3 N SUN. OF LOT 1, SMARTER SECTOR 134 OF 11AP 1.311 IN SLR 2OFMAP 106 IN THE CITY OF NA1101iALCRY TYPE OFCONBIRUCTIOt4 Y-S UCWPANYCIASSIF1CARON(S, A2 NURSER OF STORIES: 1 STORY BUIIDINO HEIGHT: 2d' ALLOWABLE MEMNON SEPARARTEO USE): S000 SF ACTUAL AREA (NEW AND EKISTING0 2.323SP AREA OF WORK NIA•' 170CUPAR T LOAT3 OCCIMNerrEfF OEIVERNINO GODES 271E CSC 2313111O:2E13 UPC 2A13 MEC 2B16TTRE T. CSC, 2313 CALGREEN 3URCINT3 CODE SCOPE OF WORK 0011711I0NILUSE PERMS FOR THE.4PRICAT1N FOR ANMERLE 6 3LWNE & LIQUOR UCEN SE FORM EKWTNG OufmOR OWING PAIN) FIRE NOES SOT 0M S WALL E M6YI&1 1ISS11XE H900 11100711XE lS tr A MY OR AM' SM. 410101. ER ManPN t 01,01 r10,0YT 9YLL 0L91AT A 1I01 Btlt SAW 1HS 0000 t0 RD. JInoodED Y1E IMONC 0 000/71R 2 FLOOR 1.01(1 pot WA, .At W02N6 YD 001 PART WOKS SMALL BE ROW, N AL ARAOR RAW O11 C040034U Or L0.01x11ID Ot01V 44000crs 3. 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EXISTING MARNET ANDDELITOtEMAIN. NO MASK PROPOSED IN CONJUN'CRON W RM INS APPLICATOR FOR AOOAMICVALUSEPERINT 2.TESTRCOM FACILIES APPROVED UNDER NA1XNAAL el. MARINO DEPARTMENT PLANCHECN f 3313.3476 KEY NOTES 1 0036 G11AR0 RN.6 MN 2 IO.B'N 3l8314T IRON GATE (RTALL) CAM NV4L REMAIN OPEN DURING9GS7 S HOURS a 4.?•WROG3HT IRON GATE 0 TALL) ECUPPEDW/PPNC HAl6WYARE PERCBG A Mr WROUGHT IROMS(CINRYGATE (S TALU.TO REMWaPEN DURING B MIMS MAAS. • FrCONC. CUTE E S114OTPELUS 0 I0.11.AFF. 7. ADC3SIEEHEIGHT BAN COUNTER pay • 42•l1171H SOR =NMI 0. CINCRETE FOXIER OIMSISONS PER FLAN EXITING REQUIREMENTS CRC S 1004 CAN NGNam O IXIPANCYGNOl.. AZ ASSDABLY INITMOUTFXED seAnNee 1.226 NSF CCCLPAJT LOAD FACTOR: 16 NET PERMITTEDOOGIPANTS: 66 STAGE: 170 NSF CCLlPANT UYD FACTOR: 16NET FJWTTE° OCCUFWM: 11 SE3YA:E EAR: 281 LEF [CCUPAMLCFACTOR Pal:WM OCCUCUPANTS: m1 DROP • TOT4LCCCLIPANTS: 9p AIN E9T WEN RECLIRFO: BB'01.2CP Li. OFECM REWIRED(ace OLTxPARRST . 2 l OF EXITS PRZNICED: 3 PLUMBING FIXTURE DATA SO.FODTAGE 14R1.i OCCUPANCYO50IP: 52 C OSUPANT LOAD FACTOR: 36 (AZ.1 TABLE.4 TOIALOWJPAML04R 10 YNATERGUASETS REQURED 1MMIE 1 FWALE WATER ()MEETSP4XY/Of7: 1 LANE 1 F441F LWATOR S SMARM. 1VALE FFIe41 F VAIORES PFCNIDEO: 'MALE 1 FEMALE NOT Ed LINE VRALNLf.1&ER DF REQUIRED WATER CLOSETS FOR FEMALE SHALL BENOT LESS THAN THE TOTAL NUMBER DFAECU EDWATER CLOSETS AND UFINAL8 FAA MALES. BX1C1 7FNsREQueBePAf7SH41nVT APPLY NMI SINGLE OCCUAN YTONETFACRJNESAREFROVOEDADA EACH SPONANA OR FOCCUPANCY WHAM DCCUA"JI LOAD OF LESS 4?NER. • FRAM k NE REQI/FTH!(4. L417 NALL84'PNMTLED MEE G'M77ED 04 B O47TTA11FD, THE LAIWILWALL NOT REQUI NASLNYJNO WATER CLOSET TO BE A 422.1, PROVED FOR THE FE44E MOTE TABLE 422.1. 2013 CPC) NV� W (3w REVISIONS SUBMITTAL: 10.02.14 A2.1 EWEST ELEVATION El NORTH ELEVATION P f1 I:l n g riCl fl amk::AS'. CA. J11111111111111111', soda MT.1' RMLa rra'nwvEr� RCM i - — - 1_ 7 . OSOUTH ELEVATION Fme ans•=r-ce _0 IMMFFRSRAIE� KEY NOTES Q RUMS PLAETML 'EAAWAE UTIOYER EU.oRS PARER- PEA DETAILSAS S 0 m51.79E12_13 STAuCTucE 0 IE AUTCMV105LICING STOREFIONT COLOS p wcouOHT FiON RATE QQ 1DWR:WO-if IRONGVE OQ {EI MU COLUMN CASE TT Oi (E) VMS OIIM1RO RAIL (E) HM.DOOR- PNNfD'T- p w1 WALK-IN, SEER &WISi coma ® 42' HIGH BMCOUNTS ® (E) CORRUGATED META. ROOF ® ffJ SLIDING SEANCEYCNOON 0 a FINISH SPECIFICATIONS • ,-T-ARt j EIDSR♦G MINT IST COAT. 285EPOTLT 2N0 COAT: 215 ROYAL SIRFEM E 9iCCOAT: 2IsROYALEUPREME WLUR CLOTTED-OL41031 (=ir E OSTY• PANT Main FRA2 E 1ST COAT: 295EPOTLT 2NO COAT: 215 ROYAL S. FRO& 330 CURT: 215 ROYAL SUPREME COLOR FUSTY NAL CORM (Q mom PAW NFOC: FRO2c 1SFCOAT: 29SEPU0U 2143 COAT: 215 ROYAL SUPREME 35QC O 159CYAL9EPPEPE. .. " C0EO9RAFF TE MING:. • . WRI-0W�FFRICOATRq: WilsuSSIWL RiA: EYLYJiCOEiY85AD M0HP. �ALTI C1 EIUSTKOMALL 111E TWE PORCELWN MR MOCHA TILE MIMEL MARTE COLOR: EMPARAODR FINISH: HONE) 56£ 12704 PATTERN: STACK DDND LCNO LEAD TIME NEPA AMFORAFFIR WARMUSS: PROTECTOSIL MFGR. EX7NDEK OEOUSSA CORP ELEVATIONS REVISIONS SUBMITTAL: 10.02.14 A5.1 ENLARGED EQUIPMENT PLLN toletWe,b Item ctty 2 4 5 D 5 10 12 2 2 2 2 Let LOS Equipment Category Underbar Hondaink Underbar reran & Decinboriede Urderbar lee Geet Underbor Speed Roil , Der Cun EQUIPMENT SCHEDULE KEY NOTES Manufacturer Model Number )(ravine Motel Undnbar Bender Station Slim Jim Troth Con Underbtr Slnk Back S`r Corder Bnek Dar Cooler Dock Bar Cabinet PCB System 13 14 Wareaaher, Under Counter, Lew Temp Eliding Floor Sink 15 1 WAIN 5.5. Trough Sink Kroune Metal Krawne Metal Krona. Metal Verily w/ Supplier Krawae Meto1 Rubbermaid Krowne Metal Keenan Metal Kmwne Metal Cbetom Millwork treaty W/ Suppler CIAO, Dlehmachines KR13-10 KR18-0524 KR18-380P-10 Base Legs Legs E a 40 5 0 n z Remarks go UVl m.✓-+ OV ON 'vv ay M Remarks 0.5 0.5 1.5 RS-38 KRIS-129D EC !teen 58 Legs 120 1I0 15.0 15.0 % % 5. . 0.5 0.5 0.5 1.5 ma-63C 0584R RS841. Lege Caetars 120 0.33 5-see 0,5 0.5 Casten 120 0.33 5-15P Curb Sell Contained Sell Contained L-111 Rem 6s 6' Lege 115 16 0.5 1. W C08SIELE HEIC5a a9R 50l1NTER 20 2 421110N81A000NTER ma EQUIPMENT PLAN REVISIONS SUBMITTAL: 10.02.14 A6.1 CC/CDC-HA Agenda 1/20/2015 — Page 162 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) awarding a contract in the not -to -exceed amount of $2,841,105.00 to LB Civil Construction for the "A" Avenue Green Street Improvement Project, CIP No. 14-05; 2) authorizing a 15% contingency CITY OF NATIONAL CITY, CALIFORNIA COI JNCIL AGENDA STATEMENT MEETING DATE: January 20, 2015 1 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract in the not -to -exceed amount of $2,841,105.00 to LB Civil Construction for the "A" Avenue Green Street Improvement Project, CIP No. 14-05; 2) authorizing a 15% contingency in the amount of $426.165.75 for any unforeseen changes; 3) authorizing the Mayor to execute the contract; and 4) authorizing the appropriation of $42,900.00 from the General Fund to the corresponding expenditure account for Street Light Refurbishment! PREPARED BY: Stephen Manganiella PHONE: 336-4382 EXPLANATION: 'See attached. DEPARTMENT: :Engineering/Public Works: APPROVED BY: FINANCIAL STATEMENT: APPROVED: -'.Le Finance ACCOUNT NO. f APPROVED: [001-409-500-598-1595 (Public Works Facility Relocation): $142,840.00 296-409-500-598-6187 (Downtown-Westside Community Connections Grant): $755,365.00 296-409-500-598-6185 ("A" Avenue Green Street and Pedestrian Pathway Grant): $1,900,000.00 001-409-500-598-1396 (Street Light Refurbishment): $42,900.00 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: [N/P ATTACHMENTS: 1. :Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution; MIS EXPLANATION The "A" Avenue Green Street Improvement Project, CIP No. 14-05, will implement Low - Impact Development (LID) infiltration measures along portions of "A" Avenue between 8"' Street and Kimball Park to improve water quality of urban runoff entering the storm drain system which discharges downstream into Paradise Creek at Kimball Park. The project will also construct pedestrian enhancements along the corridor and through the park, including a new plaza and gateway adjacent to thepublic libran� � N r The primary objectives of the project are as follows: 1) Create a "Green Street" that implements Low -Impact Development (LID) infiltration measures to improve water quality of urban runoff entering the storm drain system which discharges downstream into Paradise Creek at Kimball Park. 2) Create a safe, environmentally friendly walking path along "A" Avenue to connect Historic Brick Row, Morgan Square and the 8th Street Revitalization District to City Hall, National City Public Library and Kimball Park. 3) Provide educational opportunities through implementation of interpretative signage and creek-themed art. The scope of work for the construction contract also includes street light painting and refurbishment along portions of National City Blvd, "A" Avenue and W. 8th Street, and various facility upgrades for the relocation of City Public Works as detailed in the attached bid schedule. The contract will be funded in large part through a Proposition 84 Storm Water Grant from the State of California and a SANDAG Smart Growth Incentive Program Grant. On October 3, 2014, the bid solicitation was advertised in local newspapers and posted on the City's website. On October 29, 2014, one (1) sealed bid was received by the 2:30 PM deadline, opened and publically disclosed. Portillo Concrete was the apparent low bidder with a total bid amount of $2,926,670.00. However, their bid was deemed "non -responsive". On October 31, 2014, the bid solicitation was advertised a second time in local newspapers and posted on the City's website. On November 20, 2014, four (4) sealed bid were received by the 10:00 AM deadline, opened and publically disclosed. LB Civil Construction was the apparent low bidder with a total bid amount of $2,699,935.00. Due to a clerical error identified after the bid opening, the bid solicitation process was deemed to be invalid, thereby prohibiting contract award. The scope of work was expanded to include additional line items of work related to the relocation of City Public Works and refurbishment of street lights Downtown. On December 5, 2014, a new bid solicitation was advertised in local newspapers and posted on the City's website. On January 6, 2015, five (5) sealed bid were received by the 10:00 AM deadline, opened and publically disclosed. LB Civil Construction was the apparent low bidder with a total bid amount of $2,841,105.00. Upon review of all documents submitted and reference checks, LB Civil Construction's bid is responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Attached are the bid opening results and a summary of the three lowest bidders for your information. Staff recommends awarding a contract in the not to exceed amount of $2,841,105.00 to LB Civil Construction, Inc. for the "A" Avenue Green Street improvement Project, CIP No. 14-05 and authorizing a 15% contingency in the amount of $426,165.75. Appropriation of funds to corresponding Capital Improvement Program expenditure accounts were established through prior City Council actions, notwithstanding appropriations for the street light refurbishment portion of the contract. Therefore, staff recommends appropriation of $42,900.00 from the General Fund to the corresponding expenditure account for street Tight refurbishment. This amount is included as part of the not to exceed contract award as detailed in the Financial Statement section of the Council Agenda Statement. NAME: CIP NO.: DATE: TIME: CALIFORNIA *-�+ NATIONALli . a wl/ ter. x1VCoRpoRATED BID OPENING RESULTS "A" AVENUE GREEN STREET IMPROVEMENT 14-05 January 6, 2015 10:00 A.M. ESTIMATE: $2,864,860 PROJECT ENGINEER: Stephen Manganiello NO. BIDDER'S NAME BID AMOUNT (PAGE 1-1) (PAGE 1-9) ADDENDA (PAGE 1-1) BID SECURITY (PAGE 1-12 - CHECK (PAGE 1-13 (BOND) 1 L.B. Civil Construction 1 11585 Sorrento Valley Road Suite 104 San Diego, CA 92121 $2,841,105.00 ** Yes Bond 2 Portillo Concrete 3527 Citrus Street Lemon Grove, CA 91945 $2,874,198.00 Yes Bond 3. M.A. Stevens Construction 125 E. 17th Street National City, 91950 $2,989,598.90 ** Yes Bond 4. West Coast General Corp. 13700 Stoway Drive Poway, CA 92064 $3,124,962.50 Yes Bond 5. Pal General Engineering 5374 Eastgate Mall San Diego, CA 92121 $3,392,816.00 No Bond ** FINAL BID AMOUNT CHANGED BASED ON REVIEW OF "QUANTITY x UNIT PRICE" FOR INDIVIDUAL LINE ITEMS OF WORK. A Avenue Green Street Improvements, CIP NO. 14-05 I LB Civil Construction, Inc Contractor's Written Extended Value Portillo Concrete, Inc Contractor's Written Extended Value tit A Stevens Construction, Inc Contractor's Written Extended Value Base Bid - General Items _ Item No. Description Unit Qty. Unit Price Extension (quantity x Unit Price) Unit Price _ Extension (Quantity x Unit Price) a-� Unit Price Extension (quantity x Unit Price) 1 Mobilization/Demobilization L5 1 $164,000.00 $ 164,000 00 $ 125,000.00 $ 125,000 00 $ 72,150.00 $ 72,150 00 2 Water Quality Control LS 1 $ 20,000.00 $ 20,000 00 $ 40,003.00 $ 40,000 00 $ 39,000.00 $ 39,000 00 3 Surveying LS 1 $ 23,000.00 $ 23,000 00 $ 24,000.00 $ 24,000 00 $ 11,700.00 $ 11,700 00 4 Signing and Striping (including salvage and relocation of existing signs) LS 1 $ 18,000.00 $ 18,000 00 $ 36,000.00 $ 36,000 00 $ 41,574.00 $ 41,574 00 5 Clearing and Grubbing LS 1 $175,000.00 $ 175,000 00 $ 250,000.00 $ 250,000 00 $107,640.00 $ 107,640 00 6 Unclassified Excavation LS 1 $110,000.00 $ 110,000 00 $ 40,000.00 $ 40,000.00 $150,605.00 $ 150,605.00 7 Traffic and Pedestrian Control LS 1 $ 35,000.00 $ 35,000 00 $ 50,000.00 $ 50,000 00 $ 52,000.00 $ 52,000 00 8 Removal and replacement of unsuitable material Cy 500 $ 105.00 $ 52.500 00 $ 75.00 $ 37,500 00 S 139.10 $ 69,550 00 'LIGHTING AND ELECTRICAL IMPROVEMENTS ....� 9(S) Provide and install single luminaire street light to 5 $ 7,000.00 $ 35,000 00 $ 6,100.00 $ 30.500 00 $ 8,320.00 $ 41,600 00 10(S) Provide and install twin luminaire street light =A 9 $ 11,000.00 $ 99.000 CO $ 9,700.00 $ 87,300 00 $ 14,157.00 $ 127,413 00 11O Provide and install parking lot street light EA 15 $ 6,000.00 $ 90,000 00 $ 5,800.00 $ 87.000 OD $ 5,240.00 $ 93,600 00 12(5) Provide and install electrical pull box =A 31 $ 400.00 $ 12,400 00 $ 1,760.00 $ 54,560 00 S 425.10 $ 13,178 10 13(S) Provide and install conduit and conductors for electrical system 1 $100,000.00 $ 100,000-00 $ 90,000.00 $ 90,000 00 $112,970.00 $ 112,970 00 14(S) Provide and install conduit and pull rope for communication system 1 $ 24,000.00 $ 24,000 00 $ 33,000.00 $ 33.000 00 $ 27,300.00 $ 27,300 00 15(S) Provide and install meter pecestal, electrical panel, 12 pole time swit'h 1 $ 8,000.00 i $ 8,000 00 $ 8,8C0.00 $ 8,800 00 $9,100.00 $ 9,100 00 16(S) Provide and install rainwater harvesting electrical s stem 1 $ 40,000.00 $ 40,000 00 $ 5,500.00 $ 5,500 00 $ 17,550.00 $ 17,550 00 WATER SYSTEM IMPROVEMENTS 17 Water System Improvements LS 1 $ 9,000.00 $ 9,000 00 $ 8,300.00 $ 8,300 00 $ 13,000.00 $ 13,000 00 18 Provide and install 2" copper water line (type K) in 6" schedule 40 PVC schedule 40 sleeve. LF 220 $ 25.00 $ 5,500-00 $ 128.00 $ 28,160 00 $ 162.50 $ 35,750 00 19 Provide and install 1 1/2" cop aer waterline (type K) in 6" PVC schedule 40 sleeve LF 110 $ 25.00 $ 2,750 00 $ 115.00 $ 12,650 00 $ 162.50 $ 17,875 00 LB Civil Cons•:ruct on, Inc Contractor's written Extended Value Portillo Concrete, Inc Contractor's Written Extended Value M A Stevens Construction, Inc Contractor's written Extended Value 20 Provide and install 2" brass ball shut off valve with locking irrigation pull box EA 2 $ 350.00 $ 700 CO $ 350.00 $ 700 00 $ 3,770.00 $ 7,540 00 21 Provide and install 1 Y2" brass ball shut-off valve with locking irrigation pull box EA 1 $ 400.00 $ 400 00 $ 350.00 $ 350 00 $ 3,250.03 $ 3,250 00 22 Relocate 2" backflow preventer EA 2 $ 2,000.00 $ 4,000 00 $ 2,000.00 $ 4,000 00 $ 9,750.03 $ 19,500 00 23 Relocate 1 Y:" backflow reventer EA 1 $ 2,000.00 $ 2,000 00 $ 2,000.00 $ 2,000 00 $ 8,450.03 $ 8,450.00 DRAINAGE IMPROVEMENTS 24 Construct and install catch basin Type I per SDRSD D-29 and frame and grate per SDRSD D-13 and D-15 (.A 5 $ 4,500,03 $ 22,500 00 $ 6,000.00 $ 30,000 00 $ 3,250.00 $ 16,250 00 25 Construct and install drainage inlet Type G2 per CALTRANS RSP D 73 EA 1 $ 4,800.03 $ 4,800 00 $ 8,50.00 $ 8,500 00 $ 7,800.00 $ 7,800 00 26 Provide and install curb inlet Type B per SDRSD D-02 EA 1 $ 5,000.00 $ 5,000 00 $ 7,5C0.00 $ 7,500 00 7: 9,750.00 $ 9,750 00 27 Provide and install concrete lug per SDRSD D-63 I_A 3 $ 800.00 $ 2,400 00 $ 2,000.00 $ 6,000 00 . 1,950.00 $ 5,850 00 28 Construct vegetated bloretention basins (complete and in place) SF 2,303 $ 25.00 $ 57,575 00 $ 40.00 $ 92,120 00 $ 15.63 $ 35,926 80 29 Construct non -vegetated infiltration basins (complete and in place) SF 2,341 $ 25.00 $ 58,525 00 $ 35.00 $ 81,935 00 $ 13.00 $ 30,433 00 30 Provide and install nutrient separator baffle box IS 1 1- $ 50,000.00 $ 50,000 00 L. $ 65,000.00 $ 65,000 00 $ 8,450.00 $ 8.450 00 31 Provide and install 30,000 gal on cistern LS 1 $100,000.00 $ ]00,000 CO $ 90,000.00 $ 90,000 00 $175,500.00 $ 175,500 00 32 Provide and install type A6 cleanout wet well per SDRSD D-9 EA 1 $ 25,000.00 $ 25,000 00 $ 65,000.00 $ 65,000 00 : 6,500.00 $ 6,500 00 33 ) Provide and install C 12" RCP {2000 LF 195 $ 80.00 $ 15,600 00 $ 200.00 $ 39,000 00 $ 162.50 $ 31,687 50 34 Provide and install 12" HDPE LF 39 $ 120.00 $ 4,680 00 $ 132.00 $ 5,148 00 $ 162.50 $ 6,337 50 35 Furnish and install 24" x 24" precast concrete grate inlet EA 1 $ 3,500.00 $ 3,500 00 $ 1,700.00 $ 1,700 00 $ 3,250.00 $ 3,250 00 36 Provide and install 3" schedule 40 LF 205 $ 15.00 $ 3,075 00 $ 55.00 $ 11,275 00 $ 162.50 $ 33,312 50 37 Provide and install 4" schedule 40 LF 15 $ 50.00 $ 750 CO $ 275.00 $ 4,125 00 $ 162.50 $ 2,437.50 38 Furnish and install 6" round landscape grate (green) and SPEE-D basin per NDS or approved equal- EA 5 $ 300.00 $ 1,800 00 $ 220.00 $ 1,320 00 $ 325.00 $ 1.950 00 LANDSCAPE IMPROVEMENTS 39 irrigation L5 1 $ 80,000.00 $ 80,000 00 $ 276,000.00 $ 276,000 00 .. $143,766.00 $ 143,766 00 LB Civil Construction, Inc on ra rs Written Extended Value Portillc, Concrete, Inc 0.on rac ors Written Extended Value M A Stevens Construction, Inc. Contractor's Written Extended Value 40 Landscaping LS 1 $285,000.00 $ 285,00D 00 $ 78,000.00 $ 78,000 00 $325,741.00 $ 325,741 00 41 Landscaping 120 calendar day; maintenance and plant establishment period LS 1 $ 6,500.00 $ 6,500 00 $ 7,000.00 $ 7,000 00 $ 8,086.00 $ 8,086 00 URBAN DESIGN IMPROVEMENTS _ 42 Furnish and install permeable pavers SF 760 $ 45.00 $ 34,200 00 $ 20.00 $ 15,200 00 $ 22.75 $ 17,290 00 43 Salvage and reinstall existing pavers SF 870 $ 18.00 $ 15,660 CO $ 10.00 $ 8,700 00 $ 19.31 $ 16,799 70 $ 16,795.35 44 Construct wooden trellis LS 1 $ 10,006.00 $ 10,000 CO $ 10,000.00 $ 10,000 00 $ 6,500.00 $ 6,500 00 45 Construct concrete mow strip per SDRSD SDL -103 LF 250 $ 20.00 $ 5,000 00 $ 20.00 $ 5,00D 00 $ 17.88 $ 4,470 00 $ 4,468.75 46 Construct and install decorative art fence LF 560 $ 240.CO $ 134,400 OD $ 185.00 $ 103,600 00 $ 215.80 $ 120,848 00 47 Construct concrete pillar EA 2 $ 3,000.00 $ 6,000 OD $ 7,500.00 $ 15,000 CD $ 4,550.00 $ 9.100 00 48 Construct concrete steps per SDRSD M-26 LS 1 $ 12,000.00 $ 12,000 00 $ 25,000.00 $ 25,000 OD $ 15,600.00 $ 15,600 00 49 Construct and install tubular nand rails per SDRSD M-24 (also shown as SDM-118) LS 1 $ 4,000.00 $ 4,000 00 $ 4,000.00 $ 4,000 00 $ 9,360.03 $ 9,360 00 SITE IMPROVEMENTS 50 Construct 4" Type A - PCC sidewalk (natural gray, broom finish) SF 2,800 $ 13.00 $ 36,400 00 $ 33,800.00 $ 8.00 $ 22,400 00 $ 9.10 5 25,480 00 51 Construct Type A - PCC sidewalk (natural gray, broom finish) SF 1,350 $ 15.00 $ 20,250 00 $ 15.00 $ 20,250 00 11.70 $ 15,795 00 52 Construct 4" Type B - colored concrete sidewalk (rock salt finish) S= 9,450 $ 12.00 $ 113,400 00 $ 12.00 $ 113,400 00 $ 13.00 $ 122,850 OD 53 Construct 4" Type C - colored concrete sidewalk (glass embedded) SF 2,550 $ 30.00 $ 76,500 00 $ 15.00 $ 38,250 00 $ 23 z'.0 $ 59,670 00 54 Construct 4" Type D - Colored Concrete Banding (dark gray acid etch) SF 800 $ 17.00 $ 13,600 00 $ 20.00 $ 16,000 00 $ 19.50 $ 15,600 D0 55 Construct 4" Type E PCC Sidewalk (crushed aggregate) SF 2,250 $ 17.00 $ 38,250.00 _ $ 10.00 $ 22,500 00 $ 15.60 $ 35,100 00 56 Construct 4" Type F PCC sidewalk (stamped concrete) 5F 1,000 $ 17.00 $ 17,000 00 $ 12.00 $ 12,000 00 $ 13.00 $ 13,000 00 57 Construct on 1 uct concrete curb ramp (all typ58 EA 12 $ 1,800.00 $ 21,600 00 $ 1,8C0.00 $ 21,500 00 $ 2,600.00 $ 31,200 0D Construct 6" cur per SDRSD G--1 LF 450 $ 40.00 $ 18;000 00 $ 20.00 $ 9,000 00 $ 39.00 $ 17,550 00 59 Construct 6" curb and gutter per SDRSD G-2 LF 950 $ 50.00 $ 47,500 00 $ 30.00 $ 28,500 00 $ 44.20 $ 41,990-00 LB Civil Constl uction, inc �..u�� Contractor's Written Extended Value Port3llo Concrete, Inc Contractor's Written Extended vale -1-- M A. Stevens Construction, Inc Contractor's Written Extended Value 60 Construct modified cross gutter per RSD G-12 LF 250 $ 12.00 $ 3,000 00 $ 15.00 $ 3,750 00 5 13.00 $ 3,250.00 61 Construct ribbon gutter SF 110 $ 60.CO $ 6,600 00 $ 75.00 $ 8,250 00 $ 26.00 $ 2,860 00 62 Construct concrete curb for Medians (Type G-6, B-1) LF 90 $ 35.00 $ 3,150 00 $ 2,800.00 $ 25.00 $ 2,250 00 ;; 32.50 $ 2,925 00 63 Construct concrete median passageway, Type A with domes per Caltrans A88A EA 1 $ 4,500.00 $ 4,500 00 $ 7,500.00 $ 7,500 00 $ 3,900.00 $ 3,900 00 64 Construct concrete driveway per SDRSD G-14A SF 180 $ 15.00 $ 2,700 00 $ 15.00 $ 2,700 00 ?; 26.00 $ 4,680 00 65 Concrete asphalt concrete pavement TON 950 $ 100.00 $ 95,000.CO $ 130.00 $ 123,500 00 $ 120.90 $ 114,855 00 66 Construct class II aggregate base TON 1,650 $ 40.00 $ 66,000 00 $ 50.00 $ 82,500 00 $ 28.60 $ 47,190 00 67 Provide and instal! Mirafi R5380i Woven Geosynthetic, or approved equal SF 30,000 $ 0.60 $ 18,00G Co $ 0.80 $ 24,000 00 $ 0.73 $ 21,900 00 $ 21,840.00 68 1.5" asphalt grind and disposal DG 3,830 $ 1.50 $ 5,700 00 $ 1.50 $ 5,700 00 $ 1.85 $ 7,030 00 $ 7,014.80 69 Furnish and install manual retractable bollards per Ameristar 4" x 35.5" or approved equal EA 5 $ 3,000.00 c 15,000 00 $ 2,700.00 $ 13,500 00 _ $ 3,185.00 $ 15,925 00 70 Furnish and install fixed bollards per Ameristar 4" x 35.5" or apprc'ed equal, complete -in -place EA 2 $ 1,000.00 $ 2,000 00 $ 1,000.00 $ 2,000 00 $ 1,118.00 $ 2,236 00 71 Furnish and install concrete wheel stops per plans IA 36 $ 250.00 $ 9,000 00 $ 60.00 $ 2,160 00 $ 62.40 $ 2,246 40 72 Furnish and install outdoor tri-level tubular bottle filling station/fountain Elkay LK4420BF .117 or approved equal EA 1 $ 9,000.03 $ 9,000 00 $ 8,500.00 $ 8,500 00 $ 5,850.00 $ 5,850 00 73 Repair existing masonry wall oer specifications 1 $ 30,000.00 $ 30,000 00 $ 8,500.00 $ 8,500 00 $ 6,500.00 $ 6,500 00 74 Field Orders LS 1 $ 5,000.00 $ 5,000.00 $5,000 $ 5,000 00 $5,000 $ 5,000 00 1726 WILSON IMPROVEMENT PLANS 75 Remove and dispose of existing chain link fence F 100 $ 3.00 $ 300 00 $ 10.00 $ 1,000 00 $_Q 5.20 S 520 00 76 Remove an Ispose o exrs ing trams FA 13 $ 1,500.00 $ 19,500 00 $ 1,000.00 $ 13,000 00 $ 325.00 $ 4,225 00 77(5) Relocate Gate FA 1 $ 900.00 $ 900 00 $ 1,000.00 $ 1,C00 00 $ 1,040.00 $ 1,040 00 78jS 79(S) Relocate ornamental steel fence LS 1 $ 9,000.00 $ 9,000.00 $ 8,500.00 $ 8,500 00 $ 9,751.30 $ 9,75130 Relocate post cap EA 1 $ 250.00 $ 250 00 $ 250.00 $ 250 00 $ 260.00 $ 260 00 80(S) Provide and install Ameristar Montage Industrial Invincible Fence LF 30 $ 200.00 $ 6,000 00 $ 210.00 $ 6,300 00 $ 244.40 $ 7,332 00 L3 Civil :onstruction, Inc Contractor's Written Extended Value Portillo Concrete, Inc Contractor's written Extended Vak.e M A. Stevens Construction, Inc Contractor's written Extended Value 81(5) Provide and install post cap assembly for Invincible Outside Corners EA 1 $ 220.00 $ 220 00 $ 250.00 $ 250 00 $ 260.00 $ 260 00 82 _pavement Provide and install concrete section SF 2,400 $ 10.00 $ 24,000 00 $ 7.00 $ 16,800 OD13.00 $ $ 31,200 00 83 84 Temporary security fencing Provide and install 5 gallon trumpet vine$ LS EA 1 11 $ 10,000.00 $ 10,000 00 $ 3,000.00 $ 3,000 00 $ 32,500.00 $ 32,500 00 $ 50.00 $ 550 00 S5.00 S 1,045 00 5 110.50 $ 1,215 50 85 Provide and install irrigation __ LS 1 $ 600.00 ur $ 600 00 r` $ 1,000.00 $ 1,000 00 $ 650.00 $ 650 00 EL TOYON _ PARK SECURITY CAMERA INSTALLATION 86(S) Furnish and install CAT 6 Table LF 1,000 $ 2.00 $ 2,000 00 $ 4.40 $ 4,400 00 $ 2.28 $ 2,280 00 $ 2,275.00 87(5) Furnish and install 2" conduit LF 300 $ 30.00 $ 9,000 00 $ 22.00 $ 5,600 00 $ 31.85 $ 9,555 00 88(S) Furnish and install CALTrans 4t5 pullbox with anti theft insert LF 2 $ 800.00 $ 1,600 00 $ 2,200.00 S 4,400 00 ;) 910.00 $ 1,820 00 89(S) Furnish and install ENCOM Energy NT Radio (single) with integrated antennae (or approved equal) EA 2 $ 2,500.00 $ 5,000-00 $ 3,300.00 $ 6,600 00 $ 2,730.00 $ 5,460 00 90(5) Furnish and install Enable -IT 828V/P Ethernet Extender with PoE+powered kit EA 1 $ 1,000.00 $ 1,000 00 $ 1,1C0.00 $ 1,100 00 $ 1,170.00 $ 1,170 00 91(S) Furnish and install PoE surge protector ;=A 4 $ 180.00 $ 720 00 $ 225.00 $ 900 00 Q 195.00 $ 780 00 92(5) Furnish and install Etherwan EX46180-O0B Unmanaged 8 port 10/100 BASE PoE hardened Ethernet switch (or approved equal) with power supply and panel moulting LA 1 $ 2,500.03 $ 2,500 00 $ 2,400.00 $ 2,400.00 $ 2,795.00 $ 2,795 00 93(S) Installation of city provided cameras LS 1 $ 2,500.00 $ 2,500 00 $ 3,300.00 $ 3,300 00 $ :2,600.00 S 2,600 00 ADDITIONAL A AVENUE FENCING 94(S) Furnish and install 8' high Blank Vinyl Coated Chain Link Fence per SDRSD M-6 LF 150 $ 70.00 $ 10,500 00 $ 65.00 $ 9,900 00 $ 77.29 $ 11,593 50 $ 11,592.75 95(S) Furnish and install 8' High Black Vinyl Coated Chain Link 20' Double Swing gate per SDRSD M-5 EA 3 $ 3,300.00 $ 10,500 09 $ 3,200.00 $ 9,600 00 $ 3,705.00 $ 11,115 00 96(5) Demolish and replace existing gate with 8' High Black Vinyl Coated Chain Link 18' Double Swing gate per SDRSD M-5 LA 1 $ 3,200.00 $ 3,200 00 $ 3,000.00 $ 3,000 00 $ 3,445.00 $ 3,445 00 97(S) Demolish and replace existing gate with 8' High Black Vinyl Coated EA 1 $ 2,200.00 $ 2,200 00 $ 2,000.00 $ 2,000 DO $ 2,340.00 $ 2,340 00 Bid Base $ 2,777,405.00 Base Bid Total $ 2,821,498.00 - Base Bid Total $ 2,913,780.30 LB Civil Ccnstr uCaon, Inc Contractor's written Extended Value Contractor's written Extended Port llo Concrete, Inc Value IVI A Stevens Construction, Inc Contractor's Written Extended value ADDITIVE BID Item No. Description Unit Qty. Unit Price Extension Unit Price Extension Unit Price Extension (Quanti x Unit Price) (Quantity x Unit Price) (Quantity x Unit Price) A 98(S) Provide and install 8' high chain li-rk fence at 2101 Hoover Avenue, RSD M 6 LF 400 $ 45.00 18,000 CO $ 43.00 $ 17,200 00 $ 50.96 $ 20,384 00 A- 99(S) Provide and install 20' wide double swing chain link gate at 2101 Hoover Avenue, SDRSD M-5, with locking manual latch EA 1 $ 2,800.00 $ 2,800 00 $ 2,500.00 $ 2,500 00 $ 2,925.00 $ 2,925 00 A-100 Paint and refurbish existing streetlights at various locations = A 33 $ 1,300.00 Y 42,900 00 $ 1,000.00 $ 33,000 00 $ 1,591.20 $ 52,509 60 Additive Bid Total, "�ase'$c $ 63,700.00 .. "'_ Additive Bid Total $ 52,700.00 Additive Bid Total $ 75,818.60 TOTALS CALCULATED BY CITY: Additive Bid Total _ _a - $ ,�0 If'id Base T Additive Bid Total $ 2,874,198.00 _ "Taseli &—_` Additive Bid Total $2,989,598.90 TOTALS CALCULATED BY CONTRACTORS: 2,838,15 5.0 2,874,198.00 2,989,512.35 RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE NOT -TO -EXCEED AMOUNT OF $2,841,105 TO LB CIVIL CONSTRUCTION FOR THE "A" AVENUE GREEN STREET IMPROVEMENT PROJECT, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $426,165.75 FOR ANY UNFORESEEN CHANGES, AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT, AND AUTHORIZING THE APPROPRIATION OF $42,900.00 FROM THE GENERAL FUND TO THE CORRESPONDING EXPENDITURE ACCOUNT FOR STREET LIGHT REFURBISHMENT WHEREAS, the Engineering Division of the Development Services Department, in open session on January 6, 2015, did publicly open, examine, and declare five sealed bids for the "A" Avenue Green Street Improvement Project; and WHEREAS, LB Civil Construction was the lowest responsive bidder with a total bid amount of $2,841,105, and is qualified to perform the work as described in the project specifications; and WHEREAS, a 15% contingency amount up to $426,165.75 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the "A" Avenue Green Street Improvement Project to the lowest responsive, responsible bidder, to wit: LB CIVIL CONSTRUCTION BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $2,841,105 with LB Civil Construction for the "A" Avenue Green Street Improvement Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 15% contingency amount up to $426,165.75 for unforeseen changes to the Project. BE IT FURTHER RESOLVED that the City Council hereby authorizes the appropriation of $42,900 from the General Fund to the corresponding expenditure account for Street Light Refurbishment. PASSED and ADOPTED this 20th day of January, 2015. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 1/20/2015 — Page 174 The following page(s) contain the backup material for Agenda Item: Request to use Martin Luther King Jr. Community Center (North and South Rooms) by National City Chamber of Commerce for a Job Fair on Tuesday, April 14, 2015. Applicant anticipates approximately 1,000 attendees. Applicant is requesting a waiver of fees. ( CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 20, 2015 AGENDA ITEM NO ITEM TITLE: Request to use Martin Luther King Jr. Community Center (North and South Rooms) by National City Chamber of Commerce for a Job Fair on Tuesday, April 14, 2015. Applicant anticipates approximately 1,000 attendees. Applicant is requesting a waiver of fees., PREPARED BY: Stephen Manganiello PHONE: 1336-43821 EXPLANATION. DEPARTMENT: rngineer APPROVED BY: ng/Public :",forks [The Chamber of Commerce is requesting the use of Martin Luther King Jr. Community Center (North and South Rooms) for a Job Fair on Tuesday, April 14, 2015. The fee summary is as follows: Fees: Non-Waivable Fee Refundable Deposit: Hall Fee $938.08 Facility Use Fee $50.00 Cleaning: $100.00 Custodial $264.00 Chairs/Tables $216.00 The fees, including the non-waivable Facility Use Fee, total $1,468.08 with a refundable deposit of $100.00. This request is consistent with City Council Policy 803 governing the use of this facility. Under the current City Council Policy 804, this event is not listed as a City -sponsored or co -sponsored event. However, the Policy 804 Ad -Hoc Committee has recommended listing this event as a City co -sponsored event as part of the Policy 804 Update. This is the fourth year for the Job Fair. Last year, at the March 4, 2014 City Council Meeting, Council waived hall, chair and table fees, and requested payment of the refundable deposit, custodial fees, and facility use feel FINANCIAL STATEMENT: ACCOUNT NO. 001-41000-3572: $1,204.08 626-00000-3634 $264.001 ENVIRONMENTAL REVIEW: IN/A1 ORDINANCE: INTRODUCTION: APPROVED: APPROVED: FINAL ADOPTION: I [ I STAFF RECOMMENDATION: Staff recommends approving the Facility Use Application with no waiver of fees] BOARD / COMMISSION RECOMMENDATION: IN/AI ATTACHMENTS: 11. Facility Use Application 2. Certificate of Liability Insurance Finance MIS r—_�Aicfo�iNsa -, r om ki,•.. tNGGRfURASEtl • City ofNational City Facility Use Application Rev.6/28/I 1 2100 Hoover Avenue National City, Cry 91950 (619)336-4580 Fax (619)336-4594 After hours dispatch: (619)336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of City Facility attend the City Council meeting when the item is scheduled for consideration in order to answer any questions from the City Council. • Facility Requested: please circle Martin Luther King Jr. Building Nor oom South Room 1 Date(s) of Use: Apr 1 15 2015 Day(s) of Use: A pr i t Time of Use: From: 7 00 M To: 5 : 00 AM 'M}- INCLUDE SETUP & CLEAN UP TIME Type of Function/Activity: _Job ja i r Is the event open to the public? sq Name & Address of Organization/Group: NCI ChC yylher or COmrrcrGe Nan -grout organization: a No Tax ID # Q 5 -- 1038 i $6 Anticipated Maximum Attendance: 1000 Percentage of National City Residents 207 Will Admission be charged? No Amount $ Will this be a kund Raising Event? '4 Equipment Requested: .00 . # of chairs 50004) # of banquet tables Stage v 1 rot nd) C? "Ni 1f:C-3 Pod ium/h4l/ icrophone I **PLEASE ATTACH SEATING DIAGRAMrrtr- V:: rn c iriptry3, Sp co IC ( sr Audio & Visual Equ ilstuent Required? (Please Specify) c; .• -c: microphone On enl�rc room) _, or, l VI Use of Kitchen: Yes V No Use of Gas for Range and Oven: Yes 1 Nci ''o Is the Use of Alcohol Requested? --- 74 Will other paid services be used (I. e, commercial caterer DJ, Band, etc)? ✓ Yes No — Name: UnKnoWf GC i-trY1S S�oliwi:10 Y� Phone: Name: FJ Phone: How many times in the last twelve months have you requested to use a City Facility? „it ilia /1 Sct lvt c +0 NG1VNJ It is expressly understood and. agreed that the applicant assumes all risk for Loss, damage,\ IOf t I14 . Liability, injury, cost or expense that may arise during or be caused in any way by such use _ or occupancy of the facilities of the City ofNational City and/or Community Services Department. The applicant further agrees that in considerations of being permitted the use of the facilities agreed to, they will save and hold harmless the said City ofNational City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City ofNational City ordinances and facility rules and policies, and be representative of the user organizations. Further, I agree to be personally responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Application recognizes and understands that use of the City's facility inay create a possessory interest subject to property taxation and that applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, If any assessed during the use of the City's facility pursuant to sections 107 and 107.6 of the revenue and taxation code against applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/ GROUP TO • CONFORM TO ALL OF ITS PROVISION. DATE COMPLETED: 12 / 1 , 1 14 PRINT NAME: •� C1t; Cj 4J 9I i tft e SIGNATURE: ADDRESS OF APPLICANT: ' 01 i-KI nal Rdudi . CITY. STATE, AND ZIP CODE: Nal-i ono I f i y: GA 'e'11c1 O PHONE: DAY 0141) In 7-c13 3gFAX NUMBER: a icb q 't 1- 5018 HAVE YOUR COPY OF APPLICATION IN POSSESION DURING USE Please type or print clearly with a Ballpoint pen. Complete application must be submitted rend payment submitted in advanced of the event. CONTACT PERSON ON THE DAY OF THE EVENT: .iG1rnttCIi nC i.• Rr4Y1Ucn PHONE:eigo t-t.i1 -ti: q CELL:(tai9 facie - Ca(Ii Public works Staff Orgy - Rental Amount Received: Receipt Number: Deposit Amount: Deposit/ Key Returned: Check Key issued: YES NO CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD }IARML ESS AND INDEMNIFICATION AGREEMENT Person requesting use of City property, facilities or personnel are required to provide a minimum of$I,000,000 combined single !Unit insurance for bodily injury and property damage which include the city, its oft c:als, agents and employee; named as additional insured and to sign the hold harmless agreement. Certificate of insurance must be attached to this permit. Organization: Ncit- iCl vl d G 141 G horn b c' or Ge r, m ci(c Person in charge of activity: .� GtGq v I i v' C L • P.c i n Q SO , PrG s idcxtk1O EO Address: q01 Ncifionai Gi+y 13hid Na - onal G i h CA CAlq60 Telephone: 6.01()t1,-A E-Mail: (e,ynosoeno+lorlca\G;i1 Ghcimbrir•o1/9 City Facilities and/ or property requested: Nei Li< Jy. "). u i tdi t n9 (Er �t.tC i is i 1it`1) Date(s) of use: A pr i 1 , 2C11 L from 1 om fU 5 pm op 114) i t 141 2014 from darn 4-o '6p m Event 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 hannless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death, or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out or related to the use of public property or the activity taken under the permit by the permit or its agents, employees or contractors. 2Ml`lIlL Signatbrn o4pnlicant Date Certificate of Insurance Approved by Name and Title Safety/ Security Please describe your procedures for crowd control and internal security: r ncl vo u r*'ct f yc� ��n i- he Sou tin Go untl .Gco'c i' Gc -cr circ -Poe 1 AY1oric,il vi i Cihary)brx oC Coy,rn ace, vil i1 be on ,14e tro Go roA crowd c+nc yncAinictin o(CIO/ CO the .0Vonk A proccssioncAi secoyill_ go r,, i b'c ht tied +o b-e Ares of ri4 -1-he- .1oh "'YES NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please list: Security Organization: Urri t10'n1 fl 41rn-e cipp%;Gc hOf Security Organization Address: Security Director (Name): Phone: CJ It M T 11 T 1{ T II 11 T1 T T it ti w T �1 ac T t „ T 1 : Tt „ ..Tt- 11 ,1 Dec 17, 2014 Additional requests • No vial! dividers • Additional power cords • Screen and protector set up • Open Wi-Fi • Con we tape banners on the wallf • Can we use the i vs in the Hallway of me MLK The day of • Market event through city's social media, a -news, freeway message boards, and other community forums • Mayor and council invited to attend to give welcome remarks NCCHAMI OP ID: NG '4� '`��- CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDITYYY) 09/26/14 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(iea) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu ofsuch endorsement(s). PRODUCER °w8-452 2200 WaterldgeInsurance Services 858�52-6004 10717 Sorrento Valley Rd. San Diego, CA 92121 R.B. Guy Insurance Agency,lnc. rAAns"e Nicole Gallagher PHONE gg8_20G 373 FAx al Ne. Ito, (Fa No): 858-200-3374 Malt ngallagheOpiate ridge.com INSURER(S) AFFORDING COVERAGE NAIL i! INSURER A: Philadelphia Indemnity Ins Co 18058 INSURED National City Chamber of Com meree 901 National City Bou!evard National City, CA 91950 • INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. eIsR LTRINBR TYPEDFINSURANCE ADDLBUBR WVD POLICY NUMBER POLICY EFF (MM/DDMYYY1 POLICY IELP (MMiDDNYYYYL LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL. LIABILITY X PHPK1235476 09/22114 09122115 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES (Eaoxurrence) $ 2,000,000 CLAIMS -MACE X OCCUR MEDEXP1Anyone person) $ 10,000 PERSONAL a ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: n l POLICY' ATI JECT [7 LOC PRODUCTS - COMPIOP AGG $ 4,900,000 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED X SCHEDULED AUTOS NON -OWNED AUTOS PHPK1235476 09/22114 09122115 COMBINED SINGLE LIMIT (Ea accident) 9 1,009,000 BODILY INJURY (Per person) S BODILY INJURY Perarcidern ( ) $ PROPERTY DAMAGE Per eccidert $ UMBRELLA LIAR EXCESS LLB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE i DED ! RETENT ON $ $ WORKERS COMPENSATION AND EMPLOYES. LIABILITY Y 1 N OFRCERIMEMBER EXCLUDE/EXECUTIVE (Mandatory IN NH) 1r yes, Cesa lbe under DESCRIPTION OF OPERATIONS below NIA WC STAID- OTH- TORYY LIMITS ER E L EACH ACCIDENT $ EL. DISEASE- EA EMPLDYEEI $ EL DISEASE- POLICY LIMIT 9 DESCRIPTION OF OPERATIONS I Locomen/ VEHICLES (Attach ACORD tOS, Addrtlane Remark° Schedule, IF more speva Es rewired) THE CITY OF NATIONAL CITY ITS OFF CIALS, BOARDS COMMISSIONS, EMPLOYEES AGENTS AND CONTRACTORS AS THEIR RESPECTIVE INTERESTS MAY APPEAR AREA NAMED ADDITIONAL INSURED VW/RESPECT TO GENERAL LIABILITY PER ATTACHED. RF: NAMED INSURED'S SIGNS LOCATED EN THE CITY L: ITS OF NATIONAL CITY CERTIFICATE HOLDER CANCELLATION NAT1002 CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 92050 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORISED REPRESENTATIVE 0 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010105) The ACORD name and logo are registered marks of ACORD pwAtoisigt otorooram 40, •••;...„ lbiton‘gtothait rird oktortiwkiNAN • • Pqiiilirii.E*ALGENFA.K.P.A511::157 • gatototoLeigtopoofity .2052044 tg*tr, Ate W.* Wit 4'0,01.41.006400461 * • • City of NOionsi City, ifs officials, boards, comnniiSionb,eriiployesi."400ts and 'contiactors, as their•respOiNe Interests•Mayappear • • • 1. , , 1243 Nationsaf NatiOn01 City, CA 92(1&1 •• .•..• • • N " • ...• • • ,!igaliwtriatgififipm004 7#9!0..F.' ;Iklivat . aitiokitionet 0161:014Wit::!'. 0.15401**1 titiff*W1A4 W12 • 41 !•07-;;04.0arg% • ' 1.4.10:*0.** va iiiimpsyktittlao;0104; .'iii..to.*0„ • • • • tl1#1011trOliit PIO* tAt '"" PM. PiX141i4i , saittrea, **MK • Patiox ?al • FUP FEE WORKSHEET (MLK. RECS. KSC/CASA, NUTRITION) Event/Group Name: National City Chamber of Commerce Job Fair Resident? Yes Date(s) Rgst'd: Tuesday, April 14th 2015 Facility: MLK Time of Event: 7:00am - 3:00pm # Hours: 3 # People: 1,000 Frequency: One Time: X hortTerm: On -Going: Councii Date: August 19th at 6:00pm in Council Chambers at City Hall RENTAL RATES Hourly Rates Total MLK (for dining) People South North Entire 2_ty Charie Notes 0-73 $23.45 n/a n/a $0.00 73-149 n/a $70.36 n/a $0.00 150-221 n/a $87.97 n/a $0.00 222-294 n/a n/a $117.26 $0.00 MLK (dance/assembly) 0-100 $23.45 n/a n/a $0.00 101-157 $29.32 n/a n/a $0.00 158-300 n/a $70.36 n/a $0.00 301-472 n/a $87.95 n/a $0.00 472-630 n/a n/a $117.26 8 $938.08 Rec. Centers & Casa varies --- -- $23.45 $0.00 Kimball Senior Center 0-149 - --- $70.36 $0.00 150-221 _ --- --- $87.97 $0.00 Service Clubs Only $100.00 per month Months: $0.00 KITCHEN ($50 min) $50.00 $10.00 per hour Hours: $0.00 FACIBLDG USE FEE 1 $50.00 CUSTODIAL (Dep!PW) Rate Duration $22/hr reg, or $35/hr OT $22.00 4 $88.00 Setup/Cleanup time $22/hr reg, or $35/hr OT $22.00 8 $176.00 1-100(2hr), 101-157(4hr), 158-300(6hr), 301-472(8hr), 473-630(10hr) CSD STAFF(DepICSD) $11.00 per hour Hours: $0.00 EQUIP: chairs: $0.75 each Qty: 200 $150.00 tables: $1.00 each Qty: 66 $66.00 J TOTAL FEES $1,468.08 DEPOSITS Kitchen: Cleaning Key Deposit $60.00 $100 00 $100.00 Refundable Refundable Refundable $0.00 1 $100.00 $0.00 Total Deposits: $100.00 ACCOUNTING: $1,204.08 001-41000-3572 $264.00 626-00000-3634 $0.00 001-441-000-100 I $1,468.08 Fees/Council Date reviewedlconfirmed with: Date: Notes: CC/CDC-HA Agenda 1/20/2015 — Page 185 The following page(s) contain the backup material for Agenda Item: City Council Policy # 804 "City Support for Special Events" for review and discussion of proposed Policy update to the City Council Policy Manual.(Chapter 800) (Neighborhood Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 20, 2015 AGENDA ITEM NO. ITEM TITLE: City Council Policy #804 "City Support for Special Events" for review and discussion of proposed Policy update to the City Council Policy Manual. (Chapter 800) PREPARED BY: Armando Vergara PHONE: (619) 336-4364 EXPLANATION: See attached DEPARTMENT: Neighborhood Services Division APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Review proposed policy revisions for Policy #804. A supporting Resolution will be brought forward to Council at a subsequent Council meeting for adoption of said chapter with final revisions. BOARD / COMMISSION RECOMMENDATION: NIA ATTACHMENTS: 1) Staff Report 2) Copy of Power Point presentation 3) Original / Existing Council Policy #804 4) Draft with proposed Policy #804 changes highlighted in red (pages 1 thru 7). Attachment Report — Revised City Council Policy #804 on "City Support for Special Events" The purpose of this report is to present the committees revisions and recommendations of the City Council Policy #804 and to return with a final draft resolution for adoption. Although the City Council recognizes that special events are an important part of the special lifestyles that defines National City and makes our City unique, the City Council is concerned with the increasing cost for special events. These include concerts, festivals, parades and sporting events which take place at City parks and facilities or on City streets and rights -of -way. To address these concerns, Policy #804 was created and adopted on October 3, 2006 which provided guidelines to deal with the cost of City support and that are subject to the City's economic condition and resources. On August 3, 2010, this policy was revised for budgetary reason and the City's needs to reduce expenditures. Financial support for co -sponsored events were reduced from $1500 to $1000 and some regional events were removed from City sponsorship. In mid-2013, the City Council appointed two special committees to review and update Council Policy #801 (Recreational Field and Sports Facility Rules and Regulations) and #804 (City Support for Special Events). These committees consisted of Mayor Ron Morrison, Council Member Sotelo-Solis, Council Member Mona Rios, Executive Director Brad Raulston, Neighborhood Services Manager Armando Vergara, Community Services Recreation Superintendent Jessica Cissel and Public Works Park Superintendent Miguel Diaz. The committees met a number of times to discuss and review the existing policies and had the following goals for policy #804. • Review and recommendation of sponsored or co -sponsored events which are no longer applicable or can be added. • Establish a specific set of parameters for sponsored & co -sponsored events and how council approves. • Create an annual one-time approval list for sponsored & co -sponsored events to be presented to council. • Create a process where new applicants requesting co-sponsorship can apply and be considered. • Establish a limit where non -sponsored events can only be waived up to the $1000/day waiver if they meet parameters of policy. After completion of the review process and recommendations, the committee is presenting the following proposed revisions. • Changing of the policy and policy title to include the "Use of City Mobile Stage". • Addition of definitions of City co -sponsored and sponsored events. • Language added for the process to request and submit co-sponsorship for non-profit applicants. • Addition of the fee waiver limits for organizations not on the approved co -sponsored event list. • Removal of policy reference to City Council Policy #802. • Addition of two new events "Job Fair" (N.C. Chamber of Commerce) and "Spirit of the Holidays" (N.C. College Campus Lions) under the Co -Sponsored Events, Attachment "A". • Removal of one event "National City's Got Talent" (Library) under Sponsored Events, Attachment "B". • Addition of "National City Service Day" (Community Services) under Sponsored Events, Attachment "B". Note: This event addition was a City staff recommendation and not part of the committee's revision. This planned annual event started after completion of the committee meetings and review of this policy, however staff recommends City Sponsorship as it was a very successful community event and is it planned to be a yearly event. With these proposed revisions comes some very significant changes to this policy which should be noted. • Events listed on the co -sponsored and sponsored list will be grandfathered in and will be approved annually by City Council at the beginning of every new calendar year. These events will not require a second council approval presentation in form of a Temporary Use Permit or Special Event application. Approved co -sponsored organizations (Policy Attachment "A") and City departments (Policy Attachment "B") will still be required to apply yearly for processing of application/fees and departmental review only. • Established limit where non -sponsored events can only be waived up to the $1000/day waiver if they meet parameters of the policy. • Addition of two new events "Job Fair" (N.C. Chamber of Commerce) and "Spirit of the Holidays (N.C. College Campus Lions) under the Co -Sponsored Events, Attachment "A". • Addition of "National City Service Day" (Community Services) under City Sponsored Events, Attachment "B". — Staff Recommendation The next steps for this process is to receive council comments and directions in order to return with a final revision of this policy. A supporting Resolution will be brought forward at a subsequent City Council meeting for adoption of Council Policy #804. Update: ➢ Council Policy #801 (Recreational Field and Sports Facility Rules and Regulations), #803 (Facility Use Guidelines and Regulations for the use of MLK, Community Center and Granger) and #805 (Facility Use Guidelines and Regulations for the use of Kimball Senior Center, Casa De Salud and Recreation Centers) are still under staff review. Council Policy #704 (Limitation on City approved Special Events within the City) is currently in the final review process and will also be presented for revisions and approval. CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: August 3, 2010 Page 1. of 6 BACKGROUND: The City Council is concemed with the increasing cost of City support of special events, examples of which are concerts, festivals, parades and sporting events which take place at City parks and facilities or in City streets and rights -of -way. The Council notes that City support of special events, be it police traffic service, fire standby service or other support, is not specially budgetedand is provided through reductions in the level of service for budgeted programs: The Council also recognizes that special events are a major part of that spe . if style that defines National City's history and makes our city unique. \V DEFINITONS: 0 1. "SPECIAL EVENT" as defined in Municipal Code Section 15.60.005 means any organized activity conducted for a common or collective purpose, use or benefit which involves the utilization of, or has an impact upon, public property or facilities and the need for providing municipal and public safety services in response to the event. Examples of Special Events include, but are not limited to: . a. Parades. b. Public concerts and other community cultural events. c. Demonstrations. d. Circuses. e. Fairs and festivals. f. Community or neighborhood block parties and street dances. g. Mass participation sports (marathons, bicycles races and tours). h. Film making activities. i. Public speaker everts. 2. "CITY SUPPORT" means any City services required to maintain minimal interference and inconvenience to the general public resulting from a Special Event. CITY COUNCIL POLICY 'TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 City support includes but is not limited to: a. Special Event permit processing. b. Police services. c. Sanitation and cleanup. d. Maintaining access for emergency vehicles and provmedical care. AMENDED OR REVISED: August 3, 2010 Page 2 of 6 e. Street closures. f. Use of City Stage, PA equipment and/or Infernk railer City Support does not include internal securit > .wd control and other services considered the ,responsibility of the Sp - cial Event Sponsor. 3. "NON PROFIT" means a non-profit tax exempt organization (501(c)(3)) that is exempted from payment of income taxes by federal or state law and which has been in existence fora minimum of six (6) months preceding the date of application for a special event. 4. "PUBLIC FACILITY" means any property, building, or public access (street, park, theater, etc.) that lies within the City and which is owned or operated by the City for public benefit or usage. 5. "EVENT ORGANIZER" means any person, group, or corporation assuming responsibility for planning, promoting, and carrying out a Special Event. 6. "CITY MANAGER" means the City Manager or designee. PURPOSE: It is the purpose of this policy to provide guidelines for the support of special e vents, consistent with the least possible disruption to normal City services. CITY COUNCIL POLICY TITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: August 3, 2010 Page 3 of 6 POLICY: 1. It is the policy of the City Council that to th : Celt that economic, conditions and the City's resources allow, the Cit ��� ' - 3 er may provide City support for a special event conducted by a non i. it organization. City support would be limited to a waiver of permit processing fees and the event must benefit National City residents. Examples include an event where there is insufficient time for Council approval, such as in the event of a catastrophe or an emergency situation. The City Manager shall notify the City Council of any such support on a monthly basis. 2. It is the policy of the City Council that to the extent that economic conditions and the City's resources allow, the City Manager upon City Council notification, may .provide reasonable City support of up to $1,000 per event day to non-profit special events that benefit National City residents, are held wholly within City limits, and which are listed in Attachment A and are considered to be City co -sponsored annual events. Additionally, the City shall absorb police costs associated with said events. The City Manager shall notify the City Council of upcoming events on a monthly basis. As a City co -sponsored event, organizations shall prominently place the City's logo in all advertising materials promoting the event and provide space for the City to set up t Information Trailer and/or information booth, per the City Council's discretion. 3. It is the policy of the City Council that to the extent economic conditions and the City's resource allow, National City will sponsor and provide community - wide annual events which are listed in Attachment B. Event fees that are incurred by City departments will be charged against an account designed for that purpose. The City Manager shall notify the City Council of upcoming events on a monthly basis. 4. It is the policy of the City Council that the City Manager shall charge City costs for any special event of a commercial nature; also, the City Manager shall require organizers of commercial special events to pay the City a negotiated percentage of gross revenues or a flat fee. Such revenues will be deposited into the City's General Fund. CITY COUNCIL POLICY [-ITLE: City Support for Special Events POLICY NUMBER 804 ADOPTED: October 3, 2006 AMENDED OR REVISED: August 3, 2010 Page 4 of 6 Proceeds from a special event of a commercial nature that benefits a local non-profit organization, shall show proof of donation within 10 business days. Such proof shall be submitted to the City's Finance Department (Revenue & Recovery). Failure to provide proof of donation will result in loss of deposit and may jeopardize future use of City facilities. 5. It is the policy of the City Council that volunteer and private resources will be used in lieu of City support for special events whenever possible. 6. The use of El Toyon Park for special event ohibited. oc) RELATED POLICY REFERENCES: City Council Policy # 704 - Limitation on City Approved Special Events Within the City City Council Policy # 801 — Field and Facility Rules and Regulations City Council Policy # 802 - Use of the City Mobile Stage and Equipment CITY COUNCIL POLICY TITLE: City Support for Special Events [ADOPTED: October 3, 2006 Event Title POLICY NUMBER 804 AMENDED OR REVISED: August 3, 2010 ATTACHMENT 'A' NATIONAL CITY CO -SPONSORED EVENTS' Non -Profit Organizer Page Timing Trailer? chamber Installation Dinner.....NC Chamber of Commerce .Feb n/a Sranger Jr. High Cultural Fair...Granger Jr. High Spring trailer Vliss National City Pageant Miss National City Pageant July n/a July 4th Carnival National City Host Lions Club July booth Taste of National City N.C. Chamber of Commerce May n/a Auto Heritage Days ..N.C. Chamber of Commerce August trailer Relay for Life American Cancer Society .August table Salute to Navy N.C. Chamber of Commerce October table* SUHI Homecoming Sweetwater High Fall n/a Community Concert Band N.C. Community. Concert Band...Quarterly table* Series (up to 4 concerts annually/per event) Christmas in July Clean-Ups......Christmas in July Various n/a *unmanned table CITY COUNCIL POLICY TITLE: City Support for Special Events E\DOPTED: October 3, 2006 POLICY NUMBER 804 AMENDED OR REVISED: August 3, 2010 Page 6 of 6 ATTACHMENT `B' NATIONAL CITY SPONSORED EVENTS Event Title City Department C:hili & Salsa Cook -off ..Library Spring trailer Memorial Day Event Community Services May n/a Movies in the Park ...Community Services Summer table NIational Night Out Police, Community August table Services, FFA F. ummer Concert Community Services Fall trailer t ational City's Got Talent Library Fall table State of the City Mayor's Office Fall trailer Public Safety Fair Police, Fire, Community October trailer Services Tower of Terror Community Services, Fire....October n/a Veteran's Day Memorial Community Services ..November n/a Tree Lighting @ Morgan Square.....Community Services .December n/a Timing Trailer? CITY COUNCIL POLICY TITLE: City Support for Special Events & Use of the City Mobile Stage POLICY NUMBER: 804 ADOPTED: PENDING AMENDED OR REVISED: Page 1 of 7 BACKGROUND: The City Council is concerned with the increasing cost of City support of special events, examples of which are concerts, festivals, parades and sporting events which take place at City parks and facilities or in City streets and rights -of -way. The Council notes that City support of special events, be it police traffic service, fire standby service or other support, is not specially budgeted and is provided through reductions in the level of service for budgeted programs. The Council also recognizes that special events are a major part of that special lifestyle that defines National City's history and makes our City unique. DEFINITIONS: 1. "SPECIAL EVENT" as defined in Municipal Code Section 15.60.005 means any organized activity conducted for a common or collective purpose, use or benefit which involves the utilization of, or has an impact upon, public property or facilities and the need for providing municipal and public safety services in response to the event. Examples of Special Events include, but are not limited to: a. Parades b. Public concerts and other community cultural events c. Demonstrations d. Circuses e. Fairs and festivals f. Community or neighborhood block parties and street dances g. Mass participation sports (marathons, bicycles races and tours) h. Film making activities i. Public speaker events 2. "CITY SUPPORT" means any City services required to maintain minimal interference and inconvenience to the general public resulting from a Special Event. CITY COUNCIL POLICY TITLE: City Support for Special Events & Use of the City Mobile Stage POLICY NUMBER: 804 ADOPTED: PENDING AMENDED OR REVISED: Page 2 of 7 City Support includes, but is not limited to: a. Special Event permit processing b. Police services c. Sanitation and cleanup d. Maintaining access for emergency vehicles and provision of medical care e. Street closures f. Use of City Stage, PA equipment and/or Information Trailer City Support does not include internal security, crowd control and other services considered the responsibility of the Special Event Sponsor. 3. "NON PROFIT" means a non-profit tax exempt organization (501(c)(3)) that is exempted from payment of income taxes by federal or state law and which has been in existence for a minimum of six (6) months preceding the date of application for a special event. 4. "PUBLIC FACILITY" means any property, building, or public access (street, park, theater, etc.) that lies within the City and which is owned or operated by the City for public benefit or usage. 5. "EVENT ORGANIZER" means any person, group, or corporation assuming responsibility for planning, promoting, and carrying out a Special Event. 6. "CITY MANAGER" means the City Manager or designee. 7. "CITY CO -SPONSORED EVENT" means an annual event that occurs within the boundaries of National City. The co -sponsoring agency must be a National City non-profit or branch thereof and the event must benefit National City and its residents. These non -profits must submit applications on an annual basis to be considered for the City Co-sponsorship list. Applications must be submitted as a special event application to the Neighborhood Services Division. Submittal deadlines are noted annually. The current City co-sponsorship events list (Attachment A) are considered grandfathered and will not need to apply annually for approval. CITY COUNCIL POLICY TITLE: City Support for Special Events & Use of POLICY the City Mobile Stage NUMBER: 804 ADOPTED: PENDING AMENDED OR REVISED: Page 3 of 7 8. "CITY SPONSORED EVENT" means an annual community -wide event that is planned and managed by one or more City departments. The current City sponsored events list (Attachment "B") are considered grandfathered and will not need to apply annually for approval. These events will not require a secondary City Council approval through the TUP or Special Event process. City Council will be updated of these events on a quarterly basis. PURPOSE: It is the purpose of this policy to provide guidelines for the support of special events, consistent with the least possible disruption to normal City services. POLICY: 1. It is the policy of the City Council that to the extent that economic conditions and the City's resources allow, the City Manager may provide City support for a special event conducted by a non-profit organization. City support would be limited to a waiver of permit processing fees and the event must benefit National City residents. Examples include an event where there is insufficient time for Council approval, such as in the event of a catastrophe or an emergency situation. The City Manager shall notify the City Council of any such support on a monthly basis. 2. It is the policy of the City Council that to the extent that economic conditions and the City's resources allow, the City manager upon City Council notification, may provide reasonable City support of up to $1,000 per event day to non-profit special events that benefit National City residents, are held wholly within City limits, and which are listed in Attachment A and are considered to be City co- sponsored annual events. Additionally, the City shall absorb police costs associated with said events. Any new non-profit applicant (not on Attachment A) requesting co-sponsorship must apply to be considered for the City co- sponsored event list which will be reviewed annually by the 804 policy committee. The 804 policy committee will recommend changes to the co- sponsored event list only when required on an annual basis (per Section 7 of Definitions- page 2). As a City co -sponsored event, organizations shall prominently place the City's logo in all advertising materials promoting the event and provide space for the City to set up an information booth, per the City Council's discretion. Any special events that are not part of the annually approved co -sponsored list can be brought before City Council for CITY COUNCIL POLICY TITLE: City Support for Special Events & Use of POLICY the City Mobile Stage NUMBER: 804 ADOPTED: PENDING AMENDED OR REVISED: Page 4 of 7 consideration via the TUP or special event process, however, fees can only be waived up to the same level ($1000/day) as a co -sponsored event. Attachments "A" and "B" are the current list of approved co -sponsored and sponsored events respectively. All new events must apply for co-sponsorship through the annual process. 3. It is the policy of the City Council that to the extent economic conditions and the City's resource allow, National City will sponsor and provide community -wide annual events which are listed in Attachment B. Event fees that are incurred by City departments will be charged against an account designed for that purpose. The City Manager shall notify the City Council of upcoming events on a quarterly basis. 4. It is the policy of the City Council that the City Manager shall charge City costs for any special event of a commercial nature; also, the City Manager shall require organizers of commercial special events to pay the City a negotiated percentage of gross revenues of a flat fee. Such revenues will be deposited into the City's General Fund. Proceeds from a special event of a commercial nature that benefits a local non- profit organization, shall show proof of donation within 10 business days. Such proof shall be submitted to the City's Finance Department (Revenue & Recovery). Failure to provide proof of donation will result in loss of deposit and may jeopardize future use of City facilities. 5. It is the policy of the City Council that volunteer and private resources will be used in lieu of City support for special events whenever possible. 6. The use of El Toyon Park for special events is prohibited. 7. Use of mobile stage- The mobile stage shall be used only on City parklands, and/or other public property within the limits of National City. Regular use that is approved annually includes starred events on Attachments "A" and "B". Any events outside this purview and requesting use of the City stage must apply through the special event process. The USER of the stage shall be responsible for any damage to the unity resulting from carelessness or misuse. CITY COUNCIL POLICY TITLE: City Support for Special Events & Use POLICY of the City Mobile Stage NUMBER: 804 ADOPTED: PENDING AMENDED OR REVISED: Page 5 of 7 RELATED POLICY REFERENCES: City Council Policy # 704 — Limitation on City Approved Special Events within the City City Council Policy # 801 — Field and Facility Rules and Regulations Ciity ncil� D yif Q.�_ 2 Use of the City Mobile Cerro and Eg �inment CITY COUNCIL POLICY TITLE: City Support for Special Events & Use of the City Mobile Stage POLICY NUMBER: 804 ADOPTED: PENDING AMENDED OR REVISED: Page 6 of 7 ATTACHMENT 'A' NATIONAL CITY CO -SPONSORED EVENTS Event Title Non-profit Organizer Timing Chamber Installation Dinner N.C. Chamber of Commerce Feb Granger Jr. High Cultural Fair* Granger Jr. High Spring Job Fair N.C. Chamber of Commerce Spring Miss National City Pageant* Miss National City Pageant July July 4th Carnival* National City Host Lions Club July Taste of National City N.C. Chamber of Commerce May Auto Heritage Days* N.C. Chamber of Commerce August Relay for Life* American Cancer Society August Salute to Navy N.C. Chamber of Commerce October Sweetwater High Homecoming Sweetwater High Fall Community Concert Band Series N.C. Community Concert Band Quarterly (up to 4 concerts annually/per year) Spirit of the Holidays N.C. College Campus Lions December Christmas in July Clean -Ups Christmas in July Various CITY COUNCIL POLICY TITLE: City Support for Special Events & Use POLICY of the City Mobile Stage NUMBER: 804 ADOPTED: PENDING AMENDED OR REVISED: ATTACHMENT `B' NATIONAL CITY SPONSORED EVENTS Event Title Movies in the Park National Night Out 9/11 Remembrance Ceremony State of the City Tower of Terror` Veteran's Day Christmas @ Brick Row - Tree Lighting National City Service Day* Non-profit Organizer Community Services Police, Community Services, FFA Fire Mayor's Office Community Services, Fire Community Services Community Services Page 7 of 7 Timing Summer August September t=,!� Fall October November December Community Services April CC/CDC-HA Agenda 1/20/2015 — Page 202 The following page(s) contain the backup material for Agenda Item: Report on the status of the San Diego Pooled Insurance Program Authority (SANDPIPA). (Risk Management) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 20, 2015 AGENDA ITEM NO. ITEM TITLE: Report on the status of the San Diego Pooled Insurance Program Authority (SANDPIPA) PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: Refer to attached staff report DEPARTMENT: Risk Management APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and file the report BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report 4) - CALIFORNIA V NALCIrf_r INCORPORATED ✓ City Council Staff Report January 20, 2015 ITEM Staff Report: Report on the Status of the San Diego Pooled Insurance Program Authority (SANDPIPA) BACKGROUND On September 23, 1986, the City Council of the City of National City adopted Council Resolution 15,088 authorizing the City to join the newly created San Diego Pooled Insurance Program Authority (SANDPIPA). SANDPIPA was created as a Joint Powers Authority (JPA) under the provisions of Government Code Sections 990.4, 990.8 and 6508 for the purpose of establishing and administering an insurance program involving risk sharing; to reduce the amount of frequency of losses; and to decrease the cost incurred by cities handling and litigation of claims. Under the provisions of the joint powers agreement, cities pool certain losses, claims, and funds, and jointly purchase excess insurance, administrative and other services. In 1993, SANDPIPA hired a full-time General Manager to handle day to day operations of the JPA, including liability claims monitoring, fiscal oversight, broker management and industry oversight of SANDPIPA. Work is performed from the General Manager's home office. Underwriting, bookkeeping, legal counsel, audit services (claims and financial), and actuarial analysis services are provided by contractors. The JPA is governed by a Board that is comprised of one representative and an alternate from each member city. Today the JPA has twelve member cities: • Chula Vista • Escondido • Oceanside • Coronado • Imperial Beach • Santee • Del Mar • Lemon Grove • Solana Beach • Encinitas • National City • Vista DISCUSSION Having received notice from the General Manager of her intent to retire within an approximate 24 month period, the SANDPIPA Board began an exploratory process of succession planning. Page 2 Staff Report — Report on the Status of the San Diego Pooled Insurance Program Authority (SANDPIPA) January 20, 2015 Contracting for the services of Bickmore, a risk management consulting firm as the facilitator, the board explored its range of options: maintaining the current program model; enhancing the current model by adding an Assistant General Manager and renting formal office space; merging the JPA with another existing pool; contracting with a firm for pool administration; and dissolving of the JPA. In a recent action, the majority of the Board voted to contract for pool administration in lieu of hiring a new employee General Manager. The change is intended to provide increased access to data systems, and provide enhance support to the Board that comes with working with a firm with a depth of employees (verses one in-house staff position). The change could increase responsiveness to member cities and strengthen the JPA's ability to respond to industry shifts. The change would also eliminate the JPA's employment liability. Independent of the Board's succession planning, exercising the provision of Article 22 of the joint powers agreement, a member City submitted formal notice of its intent to withdraw from the JPA as of July 1, 2015. The intent of the notice was to provide said City with the opportunity to explore other alternatives that might be more economically advantageous to their circumstances. Notices of intent are not final and can be withdrawn with the consent of the Board. Given the notice, the Board made a decision to analyze the impact the withdrawal would have on the other cities remaining in the JPA. The Board also agreed to allow other individual member cities to seek initial quotes from the State insurance pool. Whereas SANDPIPA is a small regional risk sharing pool, the State pool includes member counties and cities across California thus, the State pool has greater buying power. The full matter was scheduled for discussion at the Board's January 29, 2015 meeting. Initial, non -binding estimates were received from the State pool in December, 2014, and distributed to the Board. These early estimates indicate that most member cities, including National City could likely see a reduction in premium costs by moving to the State pool. In late December, 2014, the City of National City became aware that seven other cities submitted notices of intent to withdraw also as of July 1, 2015. The most recent financial data provided November 6, 2014 shows that the JPA is fiscally healthy. However, it can be assumed that if 67% of the member cities (8 of 12) opt to withdraw, the program will no longer be viable. Given that, at the direction of the City Manager, as a preservation of rights and as a protection of the City's interests, on December 26, 2014 the City of National City submitted a notice of intent to withdraw effective July 1, 2015. It is still National City's desire to work with the other member cities to determine the best course of action for the JPA, considering the interests of all member cities. Again, the notice was submitted as a preservation of rights and can be withdrawn. All information received to date is preliminary, requiring more extensive analysis. As stated above, there is a Board meeting scheduled for January 29, 2015. It is anticipated that options will be discussed, including the process and impact of dissolving the JPA should that become necessary. While dissolution was not the course of action adopted by the Board, current circumstances (the potential loss of 67% of current membership) will likely warrant a revisiting of that option by the Board. In addition, staff will continue our own internal analysis and review Page 3 Staff Report — Report on the Status of the San Diego Pooled Insurance Program Authority (SANDPIPA) January 20, 2015 of options. This report is intended to provide a preliminary overview of the current situation. As more information becomes available, additional detailed reports will be provided to the City Council as well as requests for direction. RECOMMENDATION Accept and file the report. FISCAL IMPACT There is no fiscal impact associated with this report at this time. A fiscal analysis will provided in future reports. CC/CDC-HA Agenda 1/20/2015 — Page 207 The following page(s) contain the backup material for Agenda Item: City Council Summer Legislative Recess. (City Manager) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: January 20, 2015 AGENDA ITEM NO. ITEM TITLE: City Council Summer Legislative Recess PREPARED BY: Leslie Deese, City Manager PHONE: 619-336-4240 EXPLANATION: See attached Staff Report. DEPARTMENT: City Ma APPROVED FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: IN/P� ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Request Council direction. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report City Council Summer Legislative Recess In 2014, the City Council observed a summer legislative recess to provide city staff and elected officials an opportunity to catch up on work, reenergize after a lengthy budget process, and prepare for the start of a new fiscal year. The purpose of this agenda item is to determine whether the City Council wants to consider a summer recess in 2015. Observing a legislative recess from a city's council meeting schedule is practiced by a majority of San Diego County cities that recess both in the summer and winter. As shown in the attached survey, some cities, and quasi -governmental entities as SANDAG, recess over an entire month, generally in the summer. While National City does not have a formal recess scheduled for summer or winter, due to the holiday/furlough closure, we have traditionally adjusted the meeting schedule in December and January to either dispense with or move one of more of the regular Tuesday meetings. Last year, the City Council voted to recess the month of July, and in 2013, the Council voted to recess and dispense with the second meeting in July. Provided for reference is a calendar of upcoming meetings, community events and observed holidays for the summer months. Please note that the calendar reflects only those events that we have dates for; additionally, some of the events listed are pending Council approval. National City Municipal Code Section 2.04.202 states, in part, that "Any regular meeting may be dispensed with by vote of the City Council." If the Council desires to dispense with one of more regular meetings, you may do so by minute action which would provide all interested parties with advanced notice for planning purposes. Council may also direct staff to bring a policy formalizing a winter and/or summer recess. June July 2 — City Council Meeting/Budget Hearing/Labor Agreements 7- "National City Day" at San Diego County Fair 10 —Tiny Tot Graduation 12 —Summer Movies in the Park 16 —City Council Meeting/Budget Hearing/Labor Agreements 30 — Fifth Tuesday 4 — Independence Day (holiday falls on Saturday; City Hall will be closed on July 2nd in observance of holiday) 1-5 — Lions Club Independence Day Carnival 7— City Council Meeting 10 — Summer Movies in the Park 21 — Parking Authority Meeting** 21 — City Council Meeting 23 — Special Olympics Event in National City (Delegates will be in and around South Bay July 22- July 24th) August 4 — City Council Meeting 4- National Night Out 8 — Auto Heritage Festival & Car Show 14- Summer Movies in the Park 15- Relay for Life 18 — Joint Powers Financing Authority Meeting 18 — City Council Meeting September ** 1 — City Council Meeting 7 — Labor Day (City Hall Closed) 11— 9/11 Memorial Ceremony 11—Summer Movies in the Park 15 — City Council Meeting 29 — Fifth Tuesday Meeting dates can be changed if necessary Carlsbad Meets: 3x month (twice on Tuesdays at 6 p.m. once at 9 a.m.) Summer: recess for the week of August 3th and August 14th Winter: regular meetings Chula Vista Meets: 4x month (1st four Tuesday's) Summer: does not have summer recess Winter break: week of Christmas and New years' week Coronado Meets: 2x month (1st & 3rd Tuesday) Summer: does not have summer recess Winter: one meeting in December Del Mar Meets: 2x month (1st & 3rd Monday) Summer: recess for the whole month of August Winter: one meeting in December El Cajon Meets: 2x month (2nd & 4th Tuesday) Summer: does not have summer recess Winter break: only one meeting in December Encinitas Meets: 3x month (2nd 3rd & 4th Wednesday) Summer: recess from July 22 — August 20 Winter: cancelled the last meeting in December Escondido Meets: 4x month (1st four Wednesday) Summer: July 22 — August 11 Winter: Dec 16th — January 5th Imperial Beach Meets: 2x month (1st & 3rd Wednesday) Does not have summer or winter recess La Mesa Meets: 2x month (2nd & 4th Tuesday) Summer: only one meeting in August Winter: December 24th - January 27th Lemon Grove Meets: 2x month (1st& 3rd Tuesday) Does not have summer or winter recess National City Meets: 2x month (1st & 3rd Tuesday) Summer: recess for the whole month of July Holiday/furlough closure between Christmas and New Year's Day. Oceanside Meets: 2x month (1st & 3rd Wednesday) Summer: recess for the whole month of July Winter: regular meetings Poway Meets: 2x month (1st & 3rd Tuesday) Does not have summer or winter recess San Diego Meets: 2x/week (Monday & Tuesday) of every week Summer: off the first week of July, the whole month of August and the week of September 1st Winter: off the week of November 3rd and November 24th; off the week of the December 1st 15t" 22rd and 29' San Marcos Meets: 2x month (2nd & 4th Tuesday) Do not have summer or winter recess Santee Meets: 2x month (2nd & 4" Wednesday) Summer: first meeting off on August 13" Winter: one Council meeting in November and one in December Solana Beach Meets: 2x month (2nd & 4' Wednesday) Summer: only one Council meeting in July and one in August Winter: one Council meeting in November and one in December Vista Meets: 2x month (2nd & 4th Tuesday) Summer: off for the whole month of July Winter: off for the last council meet on December 24th CC/CDC-HA Agenda 1/20/2015 — Page 213 The following page(s) contain the backup material for Agenda Item: Update on the Library's Radio Frequency Identification (RFID) System Conversion Project. (Library) Item # January 20, 2015 Report on the Library's Radio Frequency Identification (RFID) System Conversion Project. (Library)