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Agenda Packet Document 1
AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY - CALIFORNIA NATIONAL CflV '- rNCOAPOR9Tfi 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, FEBRUARY 3, 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 2/3/2015 — 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 2/3/2015 — 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 INTERVIEWS / APPOINTMENTS 1. Interviews and Appointments: Various Boards and Commissions. (City Clerk) CONSENT CALENDAR 2. 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) 3. Approval of the Minutes of the Regular Meeting of the City Council of the City of National City and Community Development Commission - Housing Authority of the City of National City of January 20, 2015. (City Clerk) 4. Resolution of the City Council of the City of National City authorizing the Council to waive the formal bid process for the purchase of a 105' Aerial Quint ladder truck based on Municipal Code section 2.60.260 and authorize the City (Buyer) to piggyback the City of San Diego Resolution #306797 in accordance with the pricing agreement negotiated by the Houston -Galveston Area Council (HGAC) that establishes a per unit cost of $881,156.89 to Pierce Manufacturing; and purchase the ladder truck with options for the National City Fire Department for a total of $1,033,889 from the Equipment Replacement Fund. (Fire) 5. Resolution of the City Council of the City of National City authorizing the Council to waive the formal bid process pursuant to section 2.60.110(B)(2) of the National City Municipal Code and authorizing the Mayor to execute CC/CDC-HA Agenda 2/3/2015 - Page 4 a one-year agreement between the City of National City and SirsiDynix in the amount of $30,585.74, with six one-year automatic renewals with the ability to opt -out, for a seven-year total amount not to exceed $164,955.74 to upgrade the National City Library's Integrated Library System (ILS) to a Cloud hosted solution (SaaS.) (Library) 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the Agreement with URS Corporation to increase the not -to -exceed amount of the Agreement by $150,000 and extend the term of the Agreement to January 9, 2016 for on -call general engineering services, construction inspections and project management services for various Capital Improvement Projects (funded by various CIP projects) (Engineering/Public Works) 7 Resolution of the City Council of the City of National City authorizing the installation of one 20-minute time -restricted parking space on W. 16th Street adjacent to the business at 1540 Coolidge Avenue, (Big B Market & Deli) (TSC 2014-15) (Engineering/Public Works) 8. Resolution of the City Council of the City of National City authorizing the installation of two 15-minute time -restricted parking spaces on E. 21 st Street adjacent to the business at 2111 Highland Avenue, (Hi -Bev Liquor) (TSC 2014-16) (Engineering/Public Works) 9. Warrant Register #26 for the period of 12/17/14 through 12/23/14 in the amount of $1,164,723.65 (Finance) 10. Warrant Register #27 for the period of 12/24/14 through 12/30/14 in the amount of $0.00 (Finance) PUBLIC HEARINGS ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 11. Resolution of the City Council of the City of National City 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 (Applicant: Grill House at Big Ben) (Case File 2014-08 CUP) (Planning) 12. Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with Project Professionals Corporation to increase the not -to -exceed amount of the Agreement by $900,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not CC/CDC-HA Agenda 2/3/2015 — Page 5 limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, community outreach and communications, and support for public works contracts and/or disputes (funded by various CIP projects) (Engineering/Public Works) NEW BUSINESS 13. Notice of Decision — Planning Commission approval of a Conditional Use Permit for alcohol sales at American Multi -Cinema (AMC) located at Westfield Plaza Bonita. (Applicant: American Multi -Cinema, Inc.) (Case File 2014-19 CUP) (Planning) 14. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a charter school in National City Plaza at the northwest corner of Euclid and Division Avenues. (Applicant: Diego Valley Public Charter, Inc.) (Case File 2014-21 CUP) (Planning) 15. National City Sales Tax Update Newsletter - Third Quarter 2014. (Finance) 16. Scheduling of City Council workshops related to the discussion and preparation of the City of National City's annual budget for Fiscal Year 2016 and Five -Year Strategic Plan. (Finance) 17. Scheduling of City Council Workshop related to the discussion of issues and impacts associated with Homelessness in National City. (City Manager) ***COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY*** PUBLIC HEARINGS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY STAFF REPORTS 18. City Tree Trimming Schedule. (Public Works/Engineering) MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT CC/CDC-HA Agenda 2/3/2015 — Page 6 Regular Meeting - City Council/Community Development/Housing Authority of the City of National City Meeting - Tuesday - February 17, 2015 - 6:00 p.m. - Council Chambers - National City, California CC/CDC-HA Agenda 2/3/2015 — Page 7 The following page(s) contain the backup material for Agenda Item: Interviews and Appointments: Various Boards and Commissions. (City Clerk) CITY OF NATIONAL CITY, CALIFORNIA ('(UNCIL AGENDA STATEMENT MEETING DATE: February 3, 2015 AGENDA ITEM NO. ITEM TITLE: Interviews and Appointments: Various Boards and Commissions. (City Clerk) PREPARED B`Michael R. Dana DEPARTMENT: City Clerk PHONE: 619-336-4226 APPROVED BY: EXPLANATION: Several vacancies and expired terms exist or will soon exist on various Boards and Commissions. They are summarized on the attached report. The vacancies and expired terms have been advertised and posted. Incumbent appointees have been contacted to determine their desire for re -appointment. Applicants and incumbents have been asked to be present at the Meeting. FINANCIAL STA`i"IEY�i11=iNi ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: ! j FINAL ADOPTION: APPROVED: APPROVED: STAFF RECOMMENDATION: • Conduct interviews for local Boards & Commissions and appoint as desired. BOARS / COMMISSION ECOMMENDATION: 'N/A ATTACHMENTS: 1. Summary Report: Boards and Commissions 2. Applications Finance BOARDS & COMMISSIONS — CURRENT VACANCIES AND EXPIRED TERMS February 3, 2015 CIVIL SERVICE COMMISSION (Appointing Authority: City Council) There is one vacancy on the Civil Service Commission. There are no applications on file for Civil Service, however, applicant Eithan McDonald has indicated an interest in serving on ALL Boards & Commissions. Name Interviewed Eithan McDonald No PLANNING COMMISSION (Appointing Authority: City Council) There are no vacancies on the Planning Commission. However, two terms will expire on March 31st (Marcus Bush and Alethea Pruitt). Both incumbents desire to continue. There are eight applications on file. Name Interviewed Salvador Adame No Emmanuel Gutierrez Yes Janice Martinelli No Eithan McDonald No Sandy Naranjo No William Sendt No Rochelle Wisdom No Ditas Yamane No PARKS, RECREATION & SENIOR CITIZENS ADVISORY BOARD (PRSCAB) (Appointing Authority: Mayor subject to confirmation by City Council) There are three expired terms on the PRSCAB (Roy Cesena, Yvonne Cordoba and Howard Schwitkis) and three applicants including Mr. McDonald. All incumbents desire to continue. Name Interviewed Fiorfina Arce Yes Emmanuel Gutierrez Yes Eithan McDonald No PUBLIC ART COMMITTEE (Appointing Authority: Mayor subject to confirmation by City Council) There is one vacancy and one expired term (Elizabeth Torres) on the Public Art Committee. The incumbent desires to continue. There are three applicants including Mr. McDonald, who need to be interviewed. Name Interviewed Francisco Brambilla No David Garcia No Micaela Polanco No Eithan McDonald No TRAFFIC SAFETY COMMITTEE (Appointing Authority: Mayor subject to confirmation by City Council) There is one current vacancy on the Traffic Safety Committee and two applications on file. Name Interviewed Emmanuel Gutierrez Yes Eithan McDonald No LIBRARY BOARD OF TRUSTEES (Appointing Authority: Mayor subject to confirmation by City council) There is one current vacancy on the Library Board and two applications are on file. Name Interviewed Sandy Naranjo No Eithan McDonald No COMMUNITY AND POLICE RELATIONS COMMISSION (CPRC) (Appointing Authority: Mayor subject to confirmation by City Council) There are two current vacancies on the CPRC and two terms will be expiring on March 315t (Nancy Estolano and Ken Seaton-Msemaji). Four applications are on file. Name Interviewed ivlarie Browder No Emmanuel Gutierrez Yes Diana Plazola Yes Eithan McDonald No NOTE: During the interview process when asked about their willingness to serve on other Boards and Commissions, the applicants listed below responded as indicated. • Florfina Arce Applied for PRSCAB, willing to serve on others. • Diana Plazola Applied for CPRC, maybe open to others. CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, ANCOMMITTEES Civil Service Commission , Planning Commission Community & Police Relations. Commission* (CPRC) _ Public Art Committee* Library Board of Trustees Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: 1-4).Ovel Pt-DOramL,C__ Home Address: ? 4i 0 (4 F- Tel. No.: ty,-.222 Business Affiliation: S 'il . CJ "NC-04— cC. , Title: fl--ickL-T7)44— Bossiness Address: 3� 1- Tel. No.: (.cc-2-'0 i600 Length of Residence in National City: San Diego County: California: cert._ Educational Background! Oal Occupational Experience: 2 , T.N� r �•'�( AZ LtF-it' Professionor Technical Organization Memberships: �0(--� D4 OF- `y ` ,4.k , Civic or Community Experience, Membership, or Previous Public Service Appointments: xperience or Special Knowledge Pertaining to Area of Interest: Have you ever been convicted of a felony crime? No- Yost_ misdemeanor crime? No: Ye If any convictions were expunged disclosure is not r quired. Convictions are not npressarily disqualifying. • ,� Please feel free to provide an explanation or information regarding yes answem to above two questions. c) c, c.� • rri ✓ . x▪ p G7 Date: 5�,2 r i `( _ Signatur Please feel free to provide a ; nal information or letters of end i seant. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revised: March 2012 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Planning Commission Community & Police Relations Commission* (CPRC) Public Art Committee* Library Board of Trustees Traffic Safety Committee ' Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for thoae marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: F•'-D ge<JM . , 19-Ole& Home Address: / 3 /7 0 AI'6 , 03 M eCt 9/j,0e!. No.: i��- at74.3 -el 7/ /G'M 9 A 7z,-&//a S Business Affiliation: Title: Business Address: Tel. No.: Length of Residence in National City: Co P`A San Diego County: 3 6 25 California: 3 it Yg S Educational Background: 13C 0A iv l~ f f t+f C MAJOR.. — (IN) d q, f;;11.f 4 klqls FA 1 UtSi bit • s o-tcTH t 'l-vf 6 t Occupational Experience: Et iK( 1,36 P cSL NHS --w l.4-5 i . . Professional or Technical Organization Memberships: 1-C.. ecnitpRam . p E R (IF try- p. Civic or Community Experience, Membership, or Previous Public Service Appointments: RE0 sM(xi\ n _srSpu.a1- ."tA" .'s sa~4 a rentec,ai o e ge ertalning to Area of !nt®r@st: nn ,v €�- e u ever et n Jonvic ed of a Sic crime Yes: misdemeanor crime? No:X Yes: if any convictions were expunged disclosure is not mired. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. j/f�� �1 (�/� �� . .4 /� /� f�`�(! /1 (/(� -'►� -! 14iG.Y'/ 41j f etc. Lam. ; ' `A VA. , t 7.r Signature: Please feel free to provide additional information or letters of endorsnei Please return completed form to: Office of the City Clerk -� w 1243 National City Blvd, National City, CA 9195 ^` CO Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revtseck March 2012 CiT'Y OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Planning Commission — Community & Police Relations Commission" (CPRC) 7- Pubic Art Committee; Library Board of Trustees Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Note: Applicants gust be residents of the City of National City except for those marked by an Applianta for the Community and Police P.eiaticne Ceers:r;Esolop must pass a criminal background check prior to appointment. Name: $ E n J Home Address: ���6 ,,e6,4 4 Business Affiliation: ////;41 Business Address: /P//4- s� q 4 Tel, No.4(9) 9 y7- I Sda Title: Tel. No.;/ Length of Residence In National City: 4'4 San Diego County: /O1- California: / ) Educational Background: de.tif dam' Occupational Experience: C�eft: 'S n-1-0erery A. Pio f exe 44- / 42Yerlize Xreele"-e- Profes ional or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous Public Service Appointments: (064etem _ P.refeble,_ 6F0C . Chidbinftv� / 4 Experlenors i pedal Knowledge Pertaining to Area of interest: .. Lt . ram,;_ _ /. Have you ever been convicted of a felony crime? do: = Yell misdemeanor crime? No: /Yeas: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: lei 0/N Signature: .00 Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1 4 National City Blvd, National City, CA 9195e Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents Is filed as a public document Revised: March 2012 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES _ Civil Service Commission Planning Commission k Community & Police Relations Commission* (CPRC) Public Art Committee` Library Board of Trustees Traffic Safety Committee Perks, Recreation & Senior Citizens Advisory Board Nate: Applicants must be residents of the City of National City except for those marked by an 4' Applicants for the Community and Police Relations Commission must pees a criminal background check prior to appointment. Name: .t-tickerv-__42.0 x� Home Address: zz . P c4 r r Tel No.: (Q 1°l - Rci 53 Business Affiliation: %bre ' ht„ eresuPeekoceot Business Address: tza-m LcaT>1e,,,,,,e Tel. No.: - triE - Qxt 3 xi6� Length of Residence In National City: San Diego County: 30vss _ California: xl s Educational Background: —ie r,"ti owAr&--eia Occupational Experience: � 14—vAr-Pca Professional or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous Public Service Appointments: Experience or Special Knowledge Pertaining to Ares of interest: Have you ever been convicted of a felony crime; No:j Yes: misdemeanor crime? No:3L Yes:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or Information regarding yes answers to the above two questions. INer Date: 1.0355 ¢ Signature: Please feel free to provide additional information or letters of endorsement. Please rotum completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest In serving the City of National City. * Residency requirements may not apply Thls documents is filed as a public document Revised: March 20t2 Supplemental Application: National City Community and Police Relations Commission The National City Community and Police Relations Commission serves as an independent, unbiased and impartial office that is readily available to the public. It is an organization for the Improvement of police and community relations and the facilitation of disputes whenever possible. It provides a forum for citizens to voice their concerns, comment about police conduct, practices and policies and improves communication between citizens and the National City Police Department • The National City Community and Police Relations Commission is empowered to receive and review complaints regarding National City Police Department Personnel for € ooed misconduct and to recommend appropriate changes of Police Department policies and procedures toward the goals of safeguarding the rights of persons and promoting higher standards of competency, efficiency and justice in the provision of community policing services.. Applicants must be completely forthright and truthful during the application process. Applicants may be disqualified in the background process as a result of dishonesty and/or purposely omitting information regarding one's criminal history. Given the complexity of this Commission and its duties, it Is necessary to pass a aiminal background check prior to appointment by City Council and/or swearing in as Commissioner. Upon condltional appointment the Human Resources department will contact you to schedule the criminal background process when, and if appropriate. It is important to note that you fill out this application completely and honestly to the best off your abilities. Failure to disclose your criminal history may result in disqualification, if a conviction has been expunged disclosure is not required. Have you ever been convicted of a felony crime: No: 2 Yes: _ Have you been convicted of a misdemeanor. No: )i Yes: if any convictions were expunged disclosure is not required. Please feel free to provide an explanation or information regarding yes answers to the above two questions, There may be circumstances that could disqualify an applicant from the background process beyond the listed crimes below. Each incident Is evaluated in terms of the circumstances and facts surrounding its occurrence and its degree of relevances to the position. Disqualifying criteria for Community and Police Relations Commissioner: See attached table CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civi! Service Commission Piani ifit eliffirDission Community & Police Relations Commission" (CPRC) te"-Pu 'tnttee" Library Board of Trustees Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board r in'p1coiQ" ispfqn12 92 Note: Applicants must be residents of the City of National Citte ;ROVAlimrntr 4►y an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: OAVciCt t- • ("dorGIc, Home Address: 2 1' 3 0 /'C V•� 1-1 Business Affiliation: IV (4 Title: Business Address: Tel. No.: Length of Residence in National City: 7 San Diego County: '2 3 California: 2 3 Tel. No.: Gt't C L be Educational Background: S Wr. k- tC,Ek . l c.Oc 1 — 2 0O f Jlni VetrSti cS Cats` i& 061.Vi'S - t2. Occupational Experience: \I-Uvl-rVt 0.tV1-604ts...M 1 COOidivtu kitn4r4vim Professional or Technical Organization Memberships: tou,yn AJ 4 joA-i't-' ec.y 1 146' i,vk Civic or Community Experience, Membership, or Previous Public Service Appointments: %A Experience or Special Knowledge Pertaining to Area of Interest: Have you ever been convicted of a felony crime? No: L Yes:_ misdemeanor crime? No: ( Yes: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: (5 t U !� 7 Signature: ff Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. Residency requirements may nnt apply This documents is filed as a public document Revised: March 2012 David Garcia 2330 I Avenue National City, CA, 91950 619.929.5980 davideg@jumaventures.org Objective: National City Public Arts Committee Community -driven individual with exceptional relation building skills, offering experience in the development of long- term infrastructure for programs, expansion of budgets, and efficient personale. Diverse skill set In effective leadership in contextual result -oriented environments with an emphasis on creating relations that sustain growth. Versatility in multitasking and hanciilrng complex scenarios in a fast pace work environments. The goal Is join a team to build a community that reflects these aesthetics. Experience Juma Ventures Youth Development Coordinator: Case Management of 30 college bound low Income youth Provide Resources: Social & Academic Workshops, College Readiness, Financial Literacy Leadership: Manage Juma Leadership Committee (6 youth leaders) Social Enterprise: Support youth in part time employment opportunity (Qualcomm, Valley View, Sleep Train) September '12 - Present Success Through Educational Mentoring September '08-June'12 Facilitator-2010-2012: Increased budget from 0-$7,500.00 Events Coordinator: Workshops, Field Trips, Art Shows & Banquets • Human Resources: Drafting Applications & Contracts, Interviews, and Decision Making • Management: UC Davis Students- Executive Council Education University of California, Davis September 2008-June 2012 Artium Baccalaureus Socio-Cultural Anthropology, Hemispheric and Latin American Studies Skills ■ Strong Organizational Skills: Prioritizing work, managing time, flexibility and tracking 1 Technology: Proficient and compatible with Microsoft, i0S, and social media platforms 2 Eloquent Communicator: Excellent writing abilities and oral clori y • Planning Proficiency: Creating yearly, quarterly strategic plans with milestone outcomes ▪ Program Management: Grant writing, data tracking and reporting • Bilingual: Spanish -Speaking, writing, and translating proficiency References Brittany Russell San Diego Site Director 858.344.3198 brittanvr@iumaventures.org David Garcia 2330 l Avenue National City, CA, 91950 619.929.5980 davideg@jumaventures.org Roberto Garcia United Way - Marketing Specialist/National City Planning Commission 619.994.6179 rsarcia@uwsd.org Edwin Arevalo Associate Director - Academic Senate UC Davis 530.848.4125 emarevalo@ucdavis.edu i National City Public Arts Committee 0ffice of the City Clerk 1243 National City Blvd, National City, CA 91950 Dear National City Public Arts Committee, Over the course of my university career and professional career ' have been an active member on various organizations that have directly affected the lives of people. The opportunity to be a leader at UC Davis in various student organizations has been an incredible experience. My work with Juma Ventures and Success Through Educational Mentoring (STEM) has made me a very proud member of such amazing organizations that are committed to helping those in need. During my 4-year tenure at STEM, 2 of which I was its facilitator, I have substantially hone my presentation skills, effectively delivering the Principles of Community of UC Davis and our message of bringing a positive, driven, academic and social environment to our site school in Sacramento. My current tenure with Juma Ventures allows me to support low income college bound youth by creating a support system, giving them parttime employment and a matched savings account (IDA) that together will ensure that they receive a 4 year college degree. I helped build our respective communities at the university with STEM and now I'm helping San Diego youth reach their dream of a college education. I want to continue serving the communities in National City. I am a San Diego/Tijuana native and want to work towards the benefit of my communities. 1 am passionate about educating residents of San Diego County on the importance of youth education, the diversity of the community and the equal opportunity to achieve the American dream. These three pillars are critical to the betterment of individuals, neighborhoods, and communities as a whole. I personally believe that I embody this message. My commitment for improving the communities of San Diego is the heart of the mission of National City. Most importantly, the aspirations of National City truly resonate with my personal core values; and the more prepared I am to undertake strategies for change, the more capable I will be to ensure our common vision becomes a reality. ! believe that i can become a formidable asset, and I look forward to learning how I can better improve lives by mobilizing San Diego youth and empowering their opportunities in income, education, and health. Sincerely, David E. Garcia cnv OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES _ Civil Service Commission Planning Commission COM!nu^lty & Police Relations Commission* (CPRC) Public Art Committee* Library Board of Trustees ) Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of rational City except for those marked by an* Applicants for the Community end Ponce Relations Commission must pass a criminal background check prior to appointment. Name: �eR N6� it >_ rt T Home Address: 3 6 Lit f. 22,47tc)Z N. (&i) s- 5 Business Affiliation: SA.1 eeTi rarr U) r -i fD Dr7riacr-Title: 3u 8 /►'I au TekCJ-JCr-(cebA cti Business Address: f i 30 Pi prN Ciiu.e V►yrx► 414 ti Tel. No.: (614) log1— Length of Residence in National City: I vcs San Diego County: 2.1 , California: Cr t r-s • Educational Backaround: R i avd Ciaaos ' S" Sac I o s Pls.14 cum UC tztve Y't 641 24210 CD irksvirdr4 i;diAdcv ties. 'awl VC IL,.+ oI a i,r Occupational Experience: S`u: b nria.I.G - c.►zer Os 6'424111 ivy �jt,�ei*w4ef Sckoot dl4,416 d- leAl..s4 •, 5124.4":64 6541 % •k i Professional or Technical Organization Memberships: rN / A Civic or Community Experience, Membership, or Previous Public Service Appointments: a p. Experience or Spools! Knowledge Pertaining to Area of Interest: a I A Have you ever been convicted of a felony crime?, Yes: misdemeanor crime?0) Yee: ifdisqualifying.any convictions were expunged disclosure 1s not required. Convictions are nemsaarily . -� r lease feel free to provide an explanation or information regarding yes answeroo ti4 above two questions. A rti Date: 24 i Signature: A .1271 n Please feel fres to provide additional information or setters of endorienceik Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91.950 Thank you for your interest in serving the City of National City. • Residency requirements may not apply This documents is filed as a public document ROAM: March 2012 Supplemental Application: Nat19nai City Community and Police Relations Commission The National City Community and Police Relations Commission serves as an independent. unbiased and impartial office that le readily available to the public. It is an organization for the improvement of police and community relations and the facilitation of disputes whenever possible. ft provides a forum for citizens to voice their concerns, comment about police conduct, practices and policies and improves communication between cdtizons and the National City Police Department The Nationai City Community and Police Relations Commission is empowered to receive and review complaints regarding National City Police Department Personnel for alleged misconduct, and to recommend appropriate changes of Police Department pollcles and procedures toward the goats of safeguarding the rights of persons and promoting higher standards of competency, et ficency end justice in the provision of community policing services. Applicants must be completely forthright and truthful during the application process. Applicants may be disqualified In the background process as a result of dishonesty andlor purposely omitting information regarding one's criminal history. Given the complexity of this Commission and its duties, it is necessary to pass a criminal background check prior to appointment by City Council andfor swearing in as Commissioner. The Human Resources department will contact you to schedule the criminal background process when, and if appropriate. It is important to note that you fill out this application completely and honestly to the best of your abilities. Failure to disclose your criminal history may result in disqualification. If e conviction has been expunged disclosure is riot required. Have you ever been convicted of a felony cairn ='. X Yes: Have you been convicted of a misdemeanor: ,1:`..Yes: if any convictions were expunged disclosure not required. Please feel free to provide an explanation or Information regarding yes answers to the above two questions. There may be circumstances that could disqualify an applicant from the background process beyond the fisted crimes below. Each Incident is evaluated in terms of the circumstances and facts surrounding its occurrence and its idegree of relevance to the position. Disqualifying criteria for Community and Police Relations Comernlssioner See attached table e'mf4 AN . f `rtp tz CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission 'qv, Community & Police Relations Commission* (CPRC) ‘f� Library Board of Trustees - Parks, Recreation & Senior Citizens Advisory Board Planning Commission Public Art Committee* Traffic Safety Committee Port Commission Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: EITHAN MCDONALD Home Address: 140 NATIONAL CITY BLVD Tel. No.: 619.621.9316 Business Affiliation: Title: Business Address: Tel. No.: Length of Residence in National City: '6 YRS San Diego County: YRS California:40 YRS Educational Background: B' 6 DEGREE, CORPORATE MANAGEMENT, PROJECT MANAGEMENT Occupational Experience: PROJECT MANAGEMENT, CONSTRUCTION MANAGEMENT, BUSINESS CONSULTING Professional or Technical Organization Memberships: MULTIPLE BUSINESS MEMBERSHIPS, NATIONAL CITY CHAMBER OF COMMERCE. Civic or Community Experience, Membership, or Previous Public Service Appointments: I've checked multiple areas of interest because I am interested in assisting where the need is most. Experience or Special Knowledge Pertaining to Area of interest: EXPERIENCE CONSULTING VARIOUS BUSINESSES, PERSONS, PROJECTS. Have you ever been convicted of a felony crime? No/ Yes:_ misdemeanor crime? No: -" Yes: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. N/A Date: January 20,2015 Signature: 7i1(2,Pow.ezid Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revised: March 2012 Supplemental Application: National City Community and Police Relations Commission The National City Community and Police Relations Commission serves as an independent, unbiased and impartial office that is readily available to the public. It is an organization for the improvement of police and community relations and the facilitation of disputes whenever possible. It provides a forum for citizens to voice their concerns, comment about police conduct, practices and policies and improves communication between citizens and the National City Police Department The National City Community and Police Relations Commission is empowered to receive and review complaints regarding National City Police Department Personnel for alleged misconduct, and to recommend appropriate changes of Police Department policies and procedures toward the goals of safeguarding the rights of persons and promoting higher standards of competency, efficiency and justice in the provision of community policing services. Applicants must be completely forthright and truthful during the application process. Applicants may be disqualified in the background process as a result of dishonesty and/or purposely omitting information regarding one's criminal history. Given the complexity of this Commission and its duties, it is necessary to pass a criminal background check prior to appointment by City Council and/or swearing in as Commissioner. Upon conditional appointment the Human Resources department will contact you to schedule the criminal background process when, and if appropriate. It is important to note that you fill out this application completely and honestly to the best of your abilities. Failure to disclose your criminal history may result in disqualification. If a conviction has been expunged disclosure is not required. Have you ever been convicted of a felony crime: No:.`_ Yes: Have you been convicted of a misdemeanor: No:Yes: If any convictions were expunged disclosure is not required. Please feel free to provide an explanation or information regarding yes answers to the above two questions. N/A There may be circumstances that could disqualify an applicant from the background process beyond the listed crimes below. Each incident is evaluated in terms of the circumstances and facts surrounding its occurrence and its degree of reEevarrce to the position. Disqualifying criteria for Community and Police Relations Commissioner: ** See attached table CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Planning Commission Community & Police Relations Commission* (CPRC) Public Art Committee* Library Board of Trustees Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Port Commission Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: San it Noun() Si 04,11 9r ottQ Cif Home Address. Q�i l 01 cli4So Tel. No.: p �?(Od) 211 4043 Business Affiliation:Vt ttta {041� Qua C()tomti.'Iokti im ie: (NM 2e,r Business Address:l°01 CQ'i1U110 fat t10 S Sq'n %Mu M (Mu Tel. No.: b la 2 I Length of Residence in National City: t cSan Diego County: Sl' California: 2 Educational Background: O1CL& baontIor awns {tom Coutornta Sjadls2. tTgivK'r�i$ct Son 5Unardlno •SpMalan Vtri Qb►\tCO Sc►►t"Cp,,'EstcimtcS, ?olt.Wct F.conoimj Occupational Experience: V Yl Otcleoll 2.It \ {(( ,C11Q *ANS Ahtot,gtncJA. S61t Voim itc Caki'ort Professional or Technical Organization Memberships: Dahlia 04 LabcY 'i Y11tY1 V titt , VtVAW of S 'D Vogo LtutaQssr D rillto ncQ. Civic or Community Experience, Membership, or Previous Public Service Appointments: Vitt tmdjn-1 O. Oliat €. C ftava2 tom. comor and;. 0oasd1 mamber cc Uiped tag worlarr'` Experience or Special Knowledge Pertaining to Area of Interest: ramlltar 11% %Yt WWath o% 1oflQ Oa SitAvaii pM1c in Col 2.. Have you ever been convicted of a felony crime? No', Yes: nsdemeanor crime? Not Yes:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: t1 iCM Signature: Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revised: March 2012 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES CMl Service Commission Planning Commission Community & Police Relations Commission* (CPRC) Public Art Committee* V Library Board of Trustees Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Port Commission Note: Applicants must be residents of the City of National City except for those marked by an Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: Sande limetyy Home Address: $Sj Otlig�14i10�a� �t u� Ch g1450 Tel. No.: C1 oO) alb 'I('' Business Affiliation:{Jil M TOOd % CIYMACK\ ‘14000101MOA Title: 0lyti1i1Z.Qr Business Address: /001 C41111Y10 otl R1ls %Io i Ql)OQ, Tel. No.: (914 101-2 Length of Residence in National City:14r 41693 San Diego County: 16 California: 2t !f$ Educational Background: Mitt bacr¢1or degrees err©'ty'I CA1lfiatnta Sittaeo fitifQ 11-i- 4x1 betnatdltlo .41X1a1a1nt to ?O10tcat satInceiEcoftomes, f 01%1%1 €conoillntj Occupational Experience: 1Y1t011 OtiQtlttthl fat cI't i2ctrS ktioultuuk SotA'hael CahttlInl a Professional or Technical Organization Memberships: (04)140 at 1„0.100i 4(110 N OCAMCCIA0 MITTI n; of San 1ttgo lsoditshrQ ' Man co Civic or Community Experience, Membership, or Previous Public Service Appointments: Yttt pravitnt COO Chvlat Comrn Oumtfl I toatd tam* of una¢d "Casa+ tu04026 Experience or Special Knowledge Pertaining to Area of Interest: Rr►d tai►dnc otla Qaasyanalo) tabuul i11 &. aclCSs►komm of icnomieacR i-o q L4 a( cuitmuniy Have you ever been convicted of a felony crime? No:1 Yes:_ misdemeanor crime? No: Yes:_ !f any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: Signature: Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revised. March 2012 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES _ Civil Service Commission Planning Commission '74, Community & Police Relations Commission` (CPRC) _ Public Art Committee* Library Board of Trustees Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an Applicants for the Community and Police Relations Commission must pass a criminal ackpround check prior to appointment. Name: t 0 ct 26 Home Address:11 1-1 16• D\ \) i on I.No f oi) 20-%' Business Affiliation: Title: Business Address: Tel. No.: Length of Residence In National City: /9lrs San Diego County:19 yKCalifomia: Educational Background: ear,t � -e-" u v v Yli'J�PrSi . }�rR(,��i�-� �j a G' -P� t0 r De Y i t�J 4t ti 117 Qccupational Experience: Qgi ( g j CAD* Professional or Technical Organization Memberships: flc C, Civic or Community Experience, Membership, or Previous Public Service Appointments: Experience or Special Knowledge Pcrtaining to Area of Interest: Have you ever been convlc`ed of a felony crime? No:.Yes: misdemeanor crime? No: Yes If any convictions were expunged disclosure Is not required. Convictions are not necessarily disqualifying, Please fee! free to provide an explanation or information regarding yes answers to the above two questions. Date: 71 iO H 9 Please feel free to provide additional Information or letters of endorseoen Please return completed form to: = Office of the City Clark 1243 National City Blvd, National City, CA 9'1950 0 1 Thank you for your interest in serving the City of National City. -4 irn * Residency requirementa may not apply This documents Is filed as a public document r^ Signatures. Revised: March 2012 Supplemental Application: National City Community and Police Relations Commission The National City Community and Police Relations Commission serves as an independent, unbiased and Impartial office that Is readily available to the public. it is an organization for the improvement of police and community relations and the facilitation of disputes whenever possible. It provides a forum for citizens to voice their concerns= comment about police conduct, practice and policies and improves communication between citizens and the National City Police Department The National City Community and Police Relations Commission Is empowered to rs,ive and review complaints regarding National City Police Department Personnel fnr alleged misconduct, and to recommend appropriate changes of Police Department policies and procedures toward the goals of safeguarding the rights of persons and promoting higher standards of competency, efficiency and lusttca In the provision of community policing services. Applicants must be completely forthright and truthful during the application process. Applicants may be disqualified In the background process as a result of dishonesty and/or purposely omitting information regarding one's criminal history. Given the complexity of thls Commission and its duties, it is necessary to pass a criminal background check prior to appointment by City Council and/or swearing in as Commissioner. Upon conditional appointment the Human Resources department will contact you to schedule the criminal background process when, and if appropriate. It is important to note that you fill out this application completely and honestly to the best of your abilities. Failure to dlscicsa your criminal history may result in disqualification. if a conviction has been expunged disclosure is not required. Have you ever been convicted of a felony crime: No: Yes: Have you been convicted of a misdemeanor No: Yes: If any convictions were expunged disclosure is not required. Please feel free to provide an explanation or information regarding yes answers to the above two questions. There may be circumstances that could disqualify an applicant from the background press beyond the listed crimes below. Each incident is evaluated in terms of the circumstances and facts surrounding its occurrence and its degree of relevance to the position. Disqualifying criteria for Community and Police Relations Commissioner: " See attached table CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Planning Commission 'Community & Police Relations Commission* (CPRC) Public Art Committee* Library Board of Trustees Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Port Commission Nam: Applicants must be residents of the City of National City except for theiee iii ad uy .Ei Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: /7344,sico Home Address: f4R4 o : / �e �rr Business AffiIialldn:,�.GL ''� l� ; 3r idi/ Title: P/l.r/DtN7 Business Address: gill 4,MAf // dwie-C'' C No.. - ?:W" /�/Te Length of Residence in National City: San Diego County: z 3 California: _ Educational Background: t94 1 S7' 'I S /�!J EaS'i v(S-s „ D.4/AgiSTi'. ;40 -� 8$ (t f4'it£71 1�tI—€'��? �,4�aGy Z4 241.. RA(Rgcj£CdiZ bV i0 Occupational Experience:---- Ofic v r 4 r rZZIF( moit-L-nucteg pergfMatir4 B,uD R r- tsar rS F.( Professional or Technical Organization Memberships: lisheirry or '�:4411"5'' Civic or Community Experience, Membership, or Previous Public Service Appointments V40 rA'U-� 4 4-1457»- is 4114 stilt QF &sc. ehAyme DF(. i 1arf: ' Experience or Special knowledge Pertaining to Area of Interest: D� e� �° Have you ever been convicted of a felony crime? No Yes:_ misdemeanor crime? No es: °a �� . , if any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or Information regarding yes answers to the above two questions. Date: 1/1r1 Signature: Please feel free to provide additiorl information or letters of endorsement. Please returncompleted form to: sa Office of the City Clerk s 1243 National City Blvd, National City, CA 91960 n C.) Thank you for your interest in serving the City of National City. z -y rn Residency requirements may not apply —i c>rn This documents is filed as a public document '? fisagarchtteig A sea 7r _ r,-. CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board 7 Planning Commission Public Art Committee* Traffic Safety Committee Port Commission Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: Wti( 5/b r Home Address: fl° Pt el Ave fi/44 vAleG L147 Tel. No.: (109) Lvnq -q/0 EG eAJ(1' l�'�lsUCsy tRfJL�i,j/ QI c Business Affiliation: fU vy "Prot Seceev,,,J l�b ��oD) Title: 24 SA�t+&tis+ /54re41 oi- Business Address: 3'1112-5 FAre lhol7 Sole Sri, ;au PP Tel No.: 00 i9) 3 z - f3S"/ 5 Length of Residence in National City: 554, San Diego County: 61 California: 56 Educational Background: LJce,wi Te L/M5 �'� x�, _ 074zorerni /1e7� , 5D'S • Nallmuift afive45r1y Occupational Experience: V S AT -At 7 Grin - 19) a 05 A-R (r g Ito •- i9`/); AO) S t 5 - J 1963 - pre 9447 (vrr/;fr Ccht+rol - G C 41: raAe.t.) f,wagc,« Afast p l OC- «tr 5i 4-i D6fttr Professional or Technical Organization Memberships: *Aber j:,g,tojof,s,-b, Mau ber - 1;43-7-.4 V4em5E Qht-lit-y P4.3:1,-.4444e War kou (rovp Civic or Community Experience, Membership, or Previous Public Service Appointments: CP,d -rotiNDriti Neu.zbea zoo I - Zo/o -fa rrare6e1,64r4005 oommvAl 1,. W/vitileerprr rds Experience or Special Knowledge Pertaining to Area of Interest: V-rerceureb 61-44-figy ?t ,VMNj ,40715&tecz t tieb w.e.,2- /Nr/e5-itpttaS, jJr°c 41410-10k(e444 al Have you ever been convicted of a felony crime? No: ✓Yes:_ misdemeanor crime? No: ✓ Yes: if any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: i //.' /, 5- Signature: Please feel free to provide additional information or letters of endorsement. Please return completed form to: C' Office of the City Clerk ` 1243 National City Blvd, National City, CA 91950 0 z Thank you for your interest in serving the City of National City. , rr� co rn * Residency requirements may not apply ram - This documents is filed as a public document Levi nnamb 2 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Name: K Planning Commission Public Art Committee* Traffic Safety Committee Note: Applicants must be residents of the City of National City except for those marked by an Applicants for the Community and Police Relations Commission must pass a criminal bit k.ground check prior to appointment. e f )i5 c* Home Address: 101 Ak kr:e0S ,aieelet Business Affiliation:r1S `- ,;,1dorvj 1VlC.. Tel No.: Cbteq) 4335 -(3t 1 Title: S. r rt3cc.4. akar" Business Address: gfd5 944tee` ,St„, 11-, ,n1t • C g Tel. No.: &Sr\ 51-4 i x U !M4(- 41 ` Length of Residence in National City: aoas- San Diego County: cars California: Sot irsr5 f f*--44.10. sr? Educational Background: ItA., `!,. A . ii ,,rikaikte.rs •S, �.C►t�;uaa' .. irw r rx .Y 4 eiS1 t e.i reA. Occupational Experience: 4. J.. Professional or Technical Organization Memberships: l'-e h r reeA 14-LS:2a/6k:ea. Civic or Community Experience, Membership, or Previous Public Service Appointments: d Asz (See A �. £f Sf b tuAivizef cv.c e) Experience or Special Knowledge Pertaining to Area of Interest: to-eM* Have you ever been convicted of a felony crime? No: )(Yes:_ misdemeanor crime? No:4 Yes: !f any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: t"d, jlri' Signatbre: C4j ,to_, Please feel free to provide additional information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Revised: March 2012 NATIONAL CITY VOLUNTEER APPLICATION ATTACHMENT Application: Rochelle Wisdom Volunteer Experience: Current: Board President, Paradise Valley Federal Credit Union (2003 to Present) Previous: Board President, Mariposa Walk HOA San Diego Academy, School Board Member San Diego Academy, Building Committee Member Tierrasanta Seventh -day Adventist Church Board Tierrasanta Seventh -day Adventist Church Building Committee Tierrasanta Seventh -day Adventist Church Breakfast Team Paradise Valley Seventh -day Adventist Church Board Paradise Valley Seventh -day Adventist Finance Committee Paradise Valley Seventh -day Adventist Church Potluck Coordinator Pertinent Experience: Paradise Valley Hospital (May 1987-February 2007) Director, Design & Construction o Managed 35 acres o Met with National City Planning Department regarding zoning issue o Developed 35-acre campus master plan o Responsible for all design and construction for the acute care hospital, medical office buildings and all real estate holdings of Paradise Valley Hospital BSD Builders, Inc. [general contractor] (December 2006-Present) Sr. Project Manager o Manage various OSHPD construction projects and City projects throughout San Diego County and South Riverside County. o Experienced with design/build projects and working with various permitting departments. Education!Training/Professional Schools: M.B.A Redlands University - B.S. Loma Linda University, La Sierra Campus - LEED Green Associate - California Real Estate License (expired) CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission X Planning Commission Community & Police Relations Commission* (CPRC) Public Art Committee* Library Board of Trustees Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board X Port Commission Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background chock prior to appointment. Name: DITAS DELOSSANTOS YAMANE Home Address: 1808 E. 16th Street National City, CA 91950 Tel. No.: 619-474-5300 Business Affiliation: National City Realty Services Title: CEO Business Address: 140 W.16th Street National City, CA 91950 Tel. No.: 619-474-5300 Length of Residence in National City: 18 years San Diego County: 28 years California: 28 years Educational Background: SDSU San Diego, California - College of Business - Economic Development Chapman College San Diego, California - NonProfit Management ; University of Santo Tomas Philippines Occupational Experience: Real Estate Broker; Notary Public; Special Event Organizer; Newspaper Editor; Non -Profit Consultant ; International Trade; & Community Volunteer. Professional or Technical Organization Memberships: PSAR Realtor ; NNA ; CAR ; NAR ; CAI Civic or Community Experience, Membership, or Previous Public Service Appointments: Sweetwater UHSD Prop 0 Citizens Bond Oversight ; SWC - Prop R Citizens Bond Oversight ; Experience or Special Knowledge Pertaining to Area of Interest: Business ownership; Start up Business ; Marketing ; Operations ; & Finance Have you ever been convicted of a felony crime? No: X Yes:_ misdemeanor crime? No:X If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying, Please fee! free to provide an explanation or information regarding yes answers to the above two questions. N/A Date: November 28, 2014 Signature: Please feel free to provide additional information or letters of endorsement. Please return completed fora{ to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City, �" Residency requirements may not apply This documents is filed as a public document Revised: March 2012 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619) 336-4226 (619) 336-4229 fax BOARDS, COMMISSIONS, AND COMMITTEES STATEMENT OF INTENT / REQUEST FOR RE -APPOINTMENT The City Council will soon consider appointments and re -appointments to various Boards and Committees. Please check the box below that best indicates your desire or intent, sign and return to the City Clerics Office. I respectfully request to be re -appointed to the Parks, Recreation & Senior Citizens Advisory Board. ❑ 1 do not desire to be re -appointed. Yvonne Cordoba Name nature 44. :1L, Pam, 69 - Q -) Lt Date City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619) 336-4226 (619) 336-4229 fax BOARDS, COMMISSIONS, AND COMMITTEES STATEMENT OF INTENT / REQUEST FOR RE -APPOINTMENT The City Council will soon consider appointments and re -appointments to various Boards and Committees. Please check the box below that best indicates your desire or intent, sign and return to the City Clerk's Office. 0 I respectfully request to be re -appointed to the Public Art Committee. 0 I do not desire to be re -appointed. Claudia E. Torres Name g3e/e/// Dat City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dana — City Clerk (619) 336-4226 (619) 336-4229 fax BOARDS, COMMISSIONS, AND COMMITTEES STATEMENT OF INTENT / REQUEST FOR RE -APPOINTMENT The City Council will soon consider appointments and re -appointments to various Boards and Committees. Please check the box below that best indicates your desire or intent, sign and return to the City Clerks Office. I respectfully request to be re -appointed to the Parks, Recreation & Senior Citizens Advisory Board. ❑ I do not desire to be re -appointed. Howard Schwitkis Name Signature e•jObet. '7 Date � CC/CDC-HA Agenda 2/3/2015 — Page 36 The following page(s) contain the backup material for Agenda Item: Approval of the Minutes of the Regular Meeting of the City Council of the City of National City and Community Development Commission - Housing Authority of the City of National City of January 20, 2015. (City Clerk) Item # 02/03/15 APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF JANUARY 20, 2015. (City Clerk) Book 97 / Page 1 01-20-2015 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY January 20, 2015 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:12 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Duong, Manganiello, Parra, Raulston, Roberts, Rodriguez, Silva, Stevenson, Vergara, Williams. XXXX Others present: Student Representative Isaac Maldonado. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC ORAL COMMUNICATIONS Sunshine Horton, El Cajon, expressed her displeasure with what law enforcement is going through nationally and said the answer is more communication. Harry Bennett, representing Paradise Valley Church and Health Center requested steps be taken to improve vehicular safety at the intersection of 8th Street and Borden Drive. Ed Kravitz, Imperial Beach, urged renewed consideration of reviving the old belt railroad line. CITY COUNCIL PRESENTATIONS PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) 1. Employee Service Recognition — Recognizing Lieutenant Robert Rounds for his 20 years of service with the City of National City PERSONNEL NEW EMPLOYEE INTRODUCTION PROGRAM (604-2-2) 2. Introduction of new employee — Cruz Ruelas Avila, Civil Engineering Technician. (Engineering/Public Works) Book 97 / Page 2 01-20-2015 INTERVIEWS AND APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-1-1) 3. Interviews and Appointments: Various Boards, Commissions and Outside Agencies. (City Clerk) ACTION: No one appeared for interview for City Boards and Commissions. Motion by Rios, seconded by Sotelo-Solis, to appoint Mayor Morrison to SANDAG. Carried by unanimous vote. Motion by Rios, seconded by Sotelo-Solis, to appoint Member Sotelo-Solis as 1st Alternate. Carried by the following vote, to -wit: Ayes: Mendivil, Rios, Sotelo-Solis. Nays: Cano, Morrison. Abstain: None. Absent: None. Motion by Rios, seconded by Sotelo-Solis, to appoint Member Rios as 2nd Alternate. Carried by the following vote, to -wit: Ayes: Mendivil, Rios, Sotelo-Solis. Nays: Cano, Morrison. Abstain: None. Absent: None. Motion by Morrison, seconded by Cano, to appoint Vice Mayor Cano to Bay Shore Bikeway Working Group. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Abstain: None. Absent: None. Motion by Morrison, seconded by Cano, to appoint Vice Mayor Cano to Metro Wastewater JPA. Carried by the following vote, to - wit: Ayes: Cano, Mendivil, Morrison, Sotelo-Solis. Nays: Rios. Abstain: None. Absent: None. Motion by Morrison, seconded by Cano, to appoint Member Mendivil as Alternate. Carried by unanimous vote. Motion by Morrison, seconded by Sotelo-Solis, to appoint Member Rios to the MTS Board. Carried by unanimous vote. Motion by Morrison, seconded by Sotelo-Solis, to appoint Member Sotelo-Solis as Alternate. Carried by unanimous vote. Morrison by Morrison, seconded by Cano, to appoint Mayor Morrison to the Regional Solid Waste Authority. Carried by unanimous vote. Motion by Morrison, seconded by Cano, to appoint Vice Mayor Cano as Alternate. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Abstain: None. Absent: None. Motion by Morrison, seconded by Cano, to appoint Mayor Morrison to the San Diego County Water Authority. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo- Solis. Abstain: None. Absent: None. Motion by Morrison, seconded by Cano, to appoint Mayor Morrison to the Sweetwater Authority. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Abstain: None. Absent: None. Book 97 / Page 3 01-20-2015 INTERVIEWS AND APPOINTMENTS (cont.) BOARDS & COMMISSIONS ADMIN (101-1-1) 3. Interviews and Appointments: Various Boards, Commissions and Outside Agencies (continued). ACTION: Motion by Morrison, seconded by Cano, to appoint Jess Van Deventer to the Sweetwater Authority. Carried by unanimous vote. Motion by Morrison, seconded by Cano, to appoint Member Rios to the Tobacco Smoke Free Committee. Carried by unanimous vote. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 4 (NCMC), Item Nos. 5 through 9 (Resolution Nos. 2015-1 through 2015-5), Item No. 10 (Disclosure of Property Interest), Item Nos. 11 through 15 (Warrant Registers). Motion by Cano, seconded by Sotelo-Solis, to approve the Consent Calendar. Carried by unanimous vote. MUNICIPAL CODE 2015 (506-2-30) 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) ACTION: Approved. See above. GRANT / PUBLIC SAFETY (206-4-27) 5. Resolution No. 2015-1. 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) ACTION: Adopted. See above. Book 97 / Page 4 01-20-2015 CONSENT CALENDAR (cont.) CONTRACT (C2005-65) 6. Resolution No. 2015-2. 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) ACTION: Adopted. See above. CONTRACT (C2015-1) 7. Resolution No. 2015-3. 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) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2015 (801-2-36) 8. Resolution No. 2015-4. 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) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2015 (801-2-36) 9. Resolution No. 2015-5. 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) ACTION: Adopted. See above. XXXXX 10. Disclosure of property interest located within Redevelopment Project Area; Councilmember Mendivil. (City Attorney) ACTION: Accepted and filed. See above. Book 97 / Page 5 01-20-2015 CONSENT CALENDAR (cont.) WARRANT REGISTER JULY 2014 — JUNE 2015 (202-1-29) 11. Warrant Register #21 for the period of 11/12/14 through 11/18/14 in the amount of $2,129,886.94. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2014 — JUNE 2015 (202-1-29) 12. Warrant Register #22 for the period of 11/19/14 through 11/25/14 in the amount of $16,149,175.76. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2014 — JUNE 2015 (202-1-29) 13. Warrant Register #23 for the period of 11/26/14 through 12/02/14 in the amount of $1,871,335.75. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2014 — JUNE 2015 (202-1-29) 14. Warrant Register #24 for the period of 12/03/14 through 12/09/14 in the amount of $1,769,745.87. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2014 — JUNE 2015 (202-1-29) 15. Warrant Register #25 for the period of 12/10/14 through 12/16/14 in the amount of $1,693,052.88. (Finance) ACTION: Ratified. See above. PUBLIC HEARINGS CONDITIONAL USE PERMITS 2015 (403-30-1) 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) RECOMMENDATION: Staff concurs with the decision of the Planning Commission. TESTIMONY: Ben Adler spoke against the CUP. Janice Martinelli, National City, expressed concerns about security and possible noise problems. Rick Hesper, National City, expressed concerns about noise and safety and spoke against the CUP. Jeffrey Cox, National City, spoke against the CUP. Arkan Somo, representing the applicant, spoke in support of the CUP. Nick Salam, the applicant, spoke in support and responded to questions. Book 97 / Page 6 01-20-2015 PUBLIC HEARINGS (cont.) CONDITIONAL USE PERMITS 2015 (403-30-1) 16. Public Hearing — Conditional Use Permit (continued). ACTION: Motion by Sotelo-Solis, seconded by Rios, to close the Public Hearing. Carried by unanimous vote. Motion by Sotelo-Solis, seconded by Mendivil, that entertainment and alcohol sales end at 9:00 p.m. on Sunday. Motion failed by the following vote, to -wit: Ayes: Mendivil, Sotelo-Solis. Nays: Cano, Morrison, Rios. Abstain: None. Absent: None. Motion by Rios, seconded by Cano, that entertainment stop at 9:00 p.m. on Sunday. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: Sotelo-Solis. Abstain: None. Absent: None. Motion by Rios, seconded by Sotelo-Solis, to approve the Conditional Use Permit for beer and wine sales, a banquet facility, and live entertainment at Big Ben Market located at 108 East 8th Street, approve findings for approval and the conditions of approval as amended. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: None. Abstain: None. Absent: Sotelo-Solis. NON CONSENT RESOLUTIONS CONTRACT (C2015-2) 17. Resolution No. 2015-6. 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 L.B. 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; AND 3) AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Rios, seconded by Mendivil, to adopt the Resolution. Carried by unanimous vote. Book 97 / Page 7 01-20-2015 Item No. 19 was taken up next. NEW BUSINESS COUNCIL POLICY MANUAL (102-13-1) 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) 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. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to increase co- sponsored amount to $1,200.00 per day and approve the cap for non -sponsored groups at $1,000. Carried by unanimous vote. MARTIN LUTHER KING JR. COMMUNITY CENTER (1101-5-1) 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) RECOMMENDATION: Staff recommends approving the Facility Use Application with no waiver of fees. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to approve with a fee waiver of $1,200.00. Carried by unanimous vote. COUNCIL POLICY MANUAL (102-13-1) 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) ACTION: Item taken up earlier. See above. Member Cano left the Chamber at 8:36 pm. HUMAN RESOURCES DEPT ADMIN (1104-1-2) 20. Report on the status of the San Diego Pooled Insurance Program Authority (SANDPIPA). (Administrative Services) RECOMMENDATION: Accept and file the report. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to accept and the. Carried by the following vote, to -wit: Ayes: Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Cano. Book 97 / Page 8 01-20-2015 NEW BUSINESS (cont.) COUNCIL MEETINGS REGS / SCHEDULE ADMIN (102-7-1) 21. City Council Summer Legislative Recess. (City Manager) RECOMMENDATION: Request Council direction. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to approve legislative recess in July. Carried by the following vote, to -wit: Ayes: Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: None. Absent: Cano. Member Cano returned to the Chamber at 8:39 pm. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY NO AGENDA ITEMS STAFF REPORTS LIBRARY REPORT ADMIN (1104-1-6) 22. Update on the Library's Radio Frequency Identification (RFID) System Conversion Project. (Library) MAYOR AND CITY COUNCIL Member Sotelo-Solis thanked the staff and extended New Year greetings. Member Mendivil said he attended the training for new council members and found it to be a very worthwhile learning experience. Member Rios extended New Year greetings. Member Cano thanked the staff for their good work and extended New Year greetings. Mayor Morrison recalled that many years ago no one knew about National City but in the years since the City has made a name for itself and is known state- wide. CLOSED SESSION REPORT City Attorney Claudia Silva stated there was nothing to report from the Closed Session. (See attached Exhibit `L') Book 971 Page 9 01-20-2015 ADJOURNMENT Motion by Sotelo-Solis, seconded by Cano, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City to be held Tuesday, February 3, 2015 at 6:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. The meeting closed at 9:02 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of February 3, 2015. Mayor EXHIBIT `L' CALIFORNIA NSA' IONA.L INCORPORATED AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY AND SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting — Tuesday, January 20, 2015 — 5:00 p.m. ROLL CALL CLOSED SESSION CITY COUNCIL 1. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) City of National City, Successor Agency v. Morgan Square, Inc. San Diego Superior Court Case No. 37-2013-00054606-CU-OR-CTL 2. Public Employee Performance Evaluation Government Code Section 54957(b)(1) Title: City Manager SUCCESSOR AGENCY 2. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) City of National City, Successor Agency v. Morgan Square, Inc. San Diego Superior Court Case No. 37-2013-00054606-CU-OR-CTL ADJOURNMENT Next Regular City Council and Successor Agency Meetings: Tuesday, January 20, 2015, 6:00 p.m., Council Chambers, Civic Center CC/CDC-HA Agenda 2/3/2015 — Page 48 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Council to waive the formal bid process for the purchase of a 105' Aerial Quint ladder truck based on Municipal Code section 2.60.260 and authorize the City (Buyer) to piggyback t CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 'February 3, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Councii of the City of National City authorizing the Council to waive the formal bid process 'rot' the pu-chase of a 105' Aerial Quirt's ladder truck based on Municipai Code section 2.60.260 and authorize the City (Buyer) to piggyback the City of San Diego Resolution #306797 in accordance with the pricing agreement negotiated by the Houston-Gaiveston Area Councii (HGAC) that establishes a per unit cost of $881,156.89 to Pierce Manufacturing; and purchase the ladder truck with options for the National City Fire Department for a toal of $1,033,889 from the Equipment Replacement Fund. (Fire) PREPARED BY: Frank Parra DEPARTMENT: Fire PHONE: i,619-336-45511 APPROVED BY: EXPLANATION: As allowed by Section 12 of Purchasing Ordinance #1480, and section 260.260 of the Municipal Code, the City would like to piggyback the City of San Diego Resolution #306797 that adopted competitive bids solicited by the Houston -Galveston Area Council (HGAC), where Pierce Manufacturing, was determined to be the lowest responsive, responsible bidder, and was awarded their bid for a Pierce Arrow XT 105' Quint ladder truck. Pierce Manufacturing is pleased to offer the City of National City the opportunity to take advantage of this competitive bid price. The City of San Diego specifications did not include options of $102,812.11 and the prepayment discount of $38,165.00 that was applied to the City of National City. This award is made for $983,969.00 unit price bringing National City's $1,033,888.77 with tax. The Houston -Galveston Area Council of Governments bid process fully complies with Section 12 of Purchasing Ordinance #1480, and section 260.260 of the Municipal Code. Additional market research has been conducted to consider current pricing, other brands, other purchasing options, and it is in the City's best interest to take advantage of this opportunity. FINANCIAL STATEMENT. APPROVED: ACCOUNT NO. APPROVED: 644-412-125-519-0000 (Equipment Replacement Reserve) — $1,033,889 ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: L MIS STAFF RECOMMENDATION: Staff recommends that Council waive the formal bid process and authorize the purchase of a 105' Aerial Quint ladder truck from Pierce Manufacturing. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS: 1. City of San Diego Resolution #306797 2. Pierce Proposal for 100% Pre -Payment Option 3. Options for the new 105' Aerial Quint Truck 4. Resolution CLERK'S FILE COPY RESOLUTION NUMBER R- 3067977 DATE OF FINAL PASSAGE MAY j & 2011 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN DIEGOAUTHORIZING THE MAYOR OR HIS DESIGNEE TO APPROVE THE PURCHASE OF TI-?P.EE FIRE - TRUCKS FROM PIERCE M NUTACTUR N G, INC. USING MONIES FROM THE "VEHICLE REPLACEMENT FUND" OF THE GENERAL SERVICES, FLEET DIVISION BUDGET (R.-2011-864) aitte WHEREAS, the San Diego Fire -Rescue Department [SDFD] currently operates twelve front-line fire -tack companies throughout the City of San Diego [City]; and WHEREAS, the SDFD is due to replace three fire -trucks; and WHEREAS, the three new aerial -ladder fire -trucks will place three current front-line fire - trucks into the SDFD reserve fire truck fleet; and WHEREAS, the three oldest reserve fire -trucks are outside of their extended seventeen- year life cycle and have already been retired due to mechanical unreliability; and WHEREAS, vehicle replacement was previously approved through the Fiscal Year 2009 and 2011 Annual. Vehicle Replacement Plans; and WHEREAS, this action allows the City to purchase the replacement vehicles in accordance with the Houston -Galveston Area Pricing Agreement establishing a per unit cost of $881,156.85; NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Diego, that the Mayor or his designee is allowed to execute a contract between the City of San Diego and Pierce Manufacturing to procure three aerial -ladder fire apparatus in accordance with the Houston - Galveston Area Council's Cooperative Purchasing Agreement in the amount of $2,876,826.85. -PAGE 1 OF 2- (R-2011-864) BE IT FURTHER RESOLVED, that the Chief Financial Officer is authorized to expend an air_ount not to exceed $2,876.826.85 from the "Vehicle Replacement Fund" in the General Services, Fleet Division budget for the purpose of executing this contract. APPROVED: JAN I. GOLDSMITIH, City Attorney By Noah J. Br Deputy Ci NJB:a 3l April 25, 2011 Or.Dept:SD Fire -Rescue I hereby certify that the foregoing Resolution was passed by the Council of the City of San Diego, at this meeting of MAY 10 2Q1t ELIZABETH S. MALAND City rk Deputy City Clerk Approved: ,5 a ~ i (date) JERRY S BRS , Mayor Vetoed: (date) JERRY SANDERS, Mayor -PAGE 2 OF 2- MAY 10.2Oit Passed by the Council of The City of San Diego on • , by the following vote:. Coup nciimembers Yeas Sherri Lightner Kevin Faulconer Todd Gloria Anthony Young Carl DeMaio Lorie Zapf • Marti Emerald David Alvarez Date of final passage ..—. MAY 1 $ 2011 Nays Not Present Remised ❑ o 0 0 0 0 G 0 0 ❑ ❑ 0 ❑ 0 n u ❑ El ❑. 0 0 ❑ 0 0 TERRY SANDERS AUTHENTICATED BY; Mayor of The City of San Diego, Cp1Bfornia. (Seal) City C. By ' � � , Deputy Office of the City Clerk, San Diego, California Resolution Number R- ` 0 6 797 • • l• REQUEST FOR COUNCIL ACTION CITY OF SAN DIEGO CERTIFICATE NUMBER (FOR COMPTROLLER'S USE ONLY) TO: CITY COUNCIL FROM (ORIGINATING DEPARTMENT): Fire -Rescue Department DATE: 12/02/2010 SUBJECT: Replacement Fire Trucks PRIMARY CONTACT (NAME, PHONE): Deputy Chief Lorraine Hutchinson,858 573 1359 SECONDARY CONTACT (NAME, PHONE): Battalion Chief Kevin Ester, 858 573 1409 COMPLETE FOR ACCOUNTING PURPOSES FUND 720011 DEPT / FUNCTIONAL AREA 2113 ORG / COST CENTER 2113140012 OBJECT / GENERAL LEDGER ACCT 560045 JOB /WBSOR INTERNAL ORDER C.I.P./CAPITAL PROJECT No. AMOUNT FUND $2,876,826.85 0.00 0 00 0.00 0.00 DEPT / FUNCTIONAL AREA ORG / COST CENTER OBJECT / GENERAL LEDGER ACCT JOB / WBS OR. INTERNAL ORDER C.I.P./CAPITAL PROJECT No. AMOUNT 0.00 0.00 0.00 0.00 0.00 COST SUMMARY (IF APPLICABLE): Please see table below: Base Bid per truck $693,851.00 Published Options $48,425.00 Total Published Options $742,276.00 Unpublished Options (18.71%) $138,880.89 Total Options w/oHGAC fee $881,156.89 Cost for 3 Trucks 2,643,470.67 HGAC Fee non taxable $2,000.00 Taxes 8.75 % $231,303.68 Non Taxable California Tire Tax 30 ea x $1.75 = $ $52.50 Total for 3 Aerial Trucks 2,876,826.85 ROUTING AND APPROVALS CONTRIBUTORS/REVIEWERS: APPROVING AUTHORITY APPROVAL SIGNATURE DATE SIGNED 306797 MAY 102011 Environmental Analysis ORIG DEPT. Mainar, Javier 12/20/2010 Liaison Office CFO Financial Management DEPUTY CHIEF Comptroller COO Goldstone, Jay 4/18/2011 Equal Opportunity Contracting CITY ATTORNEY Brazier, Noah 4/25/2011 COUNCIL PRESIDENTS OFFICE PREPARATION OF:. RESOLUTIONS • ORDINANCE(S) E.AGREEMENT(S) [ DEED(S) Pierce Area General the "Vehicle 1) Authorize the Mayor or his/her designee to execute a Contract Between the City of San Diego and Manufacturing to Procure (3) Aerial Ladder Fire Apparatus in accordance with the Houston -Galveston Council's Cooperative Purchasing Agreement in the amount of $2,876,826.85. 2) Authorize the Chief Financial Officer to expend an amount not to exceed $2,876,826.85 from the Services Fleet Division Budget for the purpose of executing this contract. Funds are available within Replacement Fund" of General Services - Fleet Division. STAFF RECOMMENDATIONS: Approve the requested action SPECIAL CONDITIONS (REFER TO A.R. 3.20 FOR INFORMATION ON COMPLETING THIS SECTION) COUNCIL DISTRICT(S): All COMMUNITY AREA(S): All ENVIRONMENTAL IMPACT: This activity is not a project and is therefore not subject to CEQA pursuant to to State CEQA guidelines Section 15060 (c)(3) CITY CLERK INSTRUCTIONS: Send copy of the approved resolution to Lorraine Hutchinson, MS604, Mark Caroccia, MS 42 and Kevin Ester, MS604 30679.7 COUNCIL ACTION EXECUTIVE SUMMARY SHEET CITY OF SAN DIEGO DATE: 12/02/2010 ORIGINATING DEPARTMENT: Fire -Rescue Department STJBJECT: Replacement Fire Trucks COUNCIL DISTRICT(S): All CONTACT/PHONE NUMBER: Deputy Chief Lorraine Hutchinson/858 573 1359 DESCRIPTIVE SUMMARY OF 1) Authorize the Mayor, or his designee to approve the purchase of three Fire Trucks intended to replace outdated apparatus. The purchase will be executed through Pierce Manufacturing, Inc. 2) Authorize the Chief Financial Officer to expend $2,876,826.85 from the General Services fleet Division Budget. Funds are available within the "Vehicle Replacemet Fund" of General Services, Fleet Division. STAFF RECOMMENDATION: , Approve the requested action EXECUTIVE SUMMARY OF REM BACKGROUND: The San Diego Fire -Rescue Department currently operates thirteen (13) front-line truck companies throughout the City of San Diego. There are an additional six (6) in reserve status (utilized as front line when repairs and maintenance are performed). The Department is due to replace a total of three trucks at this time. All three trucks will replace front line trucks and the current front line trucks will become part of the reserve fleet. All three apparatus being replaced are outside of their extended 17 year life cycle. FISCAL CONSIDERATIONS: Vehicle replacement was previously approved through the Fiscal Year 2009 and 2011 Annual Vehicle Replacement Plans. This action allows the .City to purchase the replacement vehicles in accordance with the pricing agreement negotiated by the Houston -Galveston Area Council (HGAC) (see attachment) which establishes a per unit cost with options of $881,156.89. Total cost including fees for three vehicles is estimated at $2,876,826.85. Funding for this purchase will be made through the General Services — Fleet Services Division Vehicle Replacement Fund. EQUAL OPPORTUNITY CONTRACTING INFORMATION (IF APPLICABLE): . This agreement is subject to the City's Equal Opportunity Contracting (San Diego Ordinance No. 18173, Section 22.2701 through 22.2708) and Non -Discrimination in Contracting Ordinance (San Diego Municipal Code Sections 22.3501 through 22.3517). PREVIOUS COUNCIL and/or COMMITTEE ACTION (describe any changes made to the item from what was presented at committee): COMMUNITY PARTICIPATION AND PUBLIC OUTREAC FFORTS: N/A / 306797 KEY STAKEHOLDERS AND PROJECTED IMPACTS; The City of San Diego and Pierce Manufacturing, Inc. Mainar, Javier Originating Department Goldstone, Jav Deputy Chief/Chief Operating Officer -306797 The City of San Diego COMPTROLLER'S CERTIFICATE CERTIFICATE OF UNALLOTTED BALANCE CC 3000004067 ORIGINATING oRPT. No: 2113 I HEREBY CERTIFY that the money required for the allotment of funds for the purpose set forth in the foregoing resolution is available in the Treasury, or is anticipated to come into the Treasury, and is otherwise unallotted. Purpose: Date: COMPIRCLLER'S DEPARTMENT ACCOUNTING DATA WBS Original Amount Doc. Item Fund - Funded Program. Internal Order Functional Area GM, Account Business Area Cost Center TOTAL AMOUNT 1 FUND OVERRIDE El CERTIFICATION OF UNENCUMBERED BALANCE I HEREBY CERTIFY that the indebtedness and obligation to be incurred by the contract or agreement authorized by the hereto attached resolution, can be incurred without the violation of any of the provisions of the Charter of the City of San Diego; and I do hereby further certify, in conformity with the requirements of the Charter of the City of San Diego, that sufficient moneys have been appropriated for the purpose of said contract, that sufficient moneys to meet the obligations of said contract are actually in the Treasury, or are anticipated to come into the Treasury, to the credit of the appropriation from which the same are to be drawn, and that the said money now actually in the Treasury, together with the moneys anticipated to come.into the Treasury, to the credit of said appropriation, are otherwise unencumbered. Not to Exceed: Vendor: Pierce Manufacturing, inc. $2.6762826.85 Purpose: To authorize the expenditure of funds from the General Services Fleet Division Budget for the purchase of three Fire Trucks to replace outdated apparatus for Fire -Rescue Department. Date: Doc. Item 001 Fund 720011 Funded Program March 11, 2011 By Larisa Grebeshkova COMPTROLLER'e DEPARTMENT Internal Orde ACCOUNTING DATA Functional Area D/L Account OTHR-00000000-GG 560045 Business Area 2113 Cost Center 2113140012 WBS Original Amount $2,876,826.85 CC-3e1 (REV 7-G9) 306797 WV 10 2011 1 TOTAL AMOUNT $2,876,826.85 FUNDOVFRRIDE 0 CC 3000004067 DOCKET SUPPORTING INFORMATION C1TY OF SAN DIEGO EQUAL OPPORTUNITY CONTRACTING PROGRAM EVALUATION SUBJECT: Replacement Fire Trucks DATE: December 22, 2010 GENERAL CONTRACTOR INFORMATION Recommended Contractor: Pierce Manufacturing, Inc_ Amount of this Action: $2,876,826.78 Funding Source: City of San Diego SUBCONTRACTOR PARTICIPATION There is no subcontractor activity associated with this action. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE Equal Opportunity: Required Pierce Manufacturing, Inc. submitted a Work Force Report for their Winnebago County employees dated November 16, 2010, with a total of 1847 employees. The firm's Work Force Analysis reflects under representations in the following categories: Hispanics in Craft, Mgmt & Financial, and Operative Workers American Indian in Operative Workers Filipinos in Craft, Professional, and Operative Workers Females in Craft, Mgmt & Financial, Technical, Sales, Administration Support, Professional, and Operative Workers Black in Operative Workers Pierce Manufacturing, Inc. has an approved Equal Opportunity Plan on file dated January 13, 2011, staff will continue to monitor this Commitment Effort and bi-annual reviews by Equal Opportunity Contracting to determin the results of these actions and the level of compliance will be conducted. This agreement is subject to the City's Equal Opportunity Contracting (San Diego Ordinance No. 18173, Section 22.2701 through 22.2708) and Non -Discrimination in Contracting Ordinance (San Diego Municipal Code Sections 22.3501 through 22.3517). ADDITIONAL COMMENTS 306797 This action will approve the:purchase of three fire trucks intended to replace outdated apparatus. CS S:1E0CP\Ali EOC Doca11472B1CS1ln Pro ess\keplacement Fir? Trucks 12 22-10.docx City „x San Diego EQUAL OPPORTUNITY CONTRACTING (EOC) 1200 Third Avenue • Suite 200 • San Diego, CA 92101 Phone: (619) 236-6000 • Fax: (619) 235-5209 WORK FORCE REPORT The objective of the Equal Ftnployntettt Opportunity Outreach Program, San Diego Municipal Cade Sections 22.350 .3 O 1 thro gh 223 2 y5 i 7, is to ensure that contractors doing business with the City, of receiving funds from the City, do not engage in employment practices prohibited by State and Federal law. Such employment ectices incl reud, butta t are of limited tcd to unlawful nlavf wising, discrimination in the following: employment, promotion orupgrading, demotion Iayoff or termination, rate of pay or other fonns of compensation, and sear eetien fee wining, including apprenticeship. Contractors are required to provide a completed Work Force Report (WFRM. . NOOTHBRFORMS WILL BrtACCE1TED Saoflort 1.01 CONTRACTOR IDENTIFICATION Type of Contractor: 0 Construction Vendor/Supplier 13 Financial Institution 0 Lessee/Lessor 0 Consultant© Grant Recipient Cl Insurance Company 0 Other Name of Company:l e t; t e l3 . r►.t t4r3. ADA/DBA: //�� � Address , (Corporate Headquarters, where applicable): ( �i `� tT (� e.`�'[3f"1 , County: rl.�tr'��r.e_tary30 State. p' City: �l" 'Telephone Number:(97 ) - .1 n0 , Fax Number: PO) a 5 - 3QR-c' Name of Company CEO:-t1,...w,e 4 rib . n F-+, Address(es), phone and fax number(s) of company facilities located in San Diego County (if different from above)r Address: Zip city, County: State: Telephone Number: ( ) Fax Number: ( ) Type ofBusiness: Type ofLicense: The Company has appointed: S e , A9 . V<0inI f- r- As its Equal Employmefi Opportunity Officer (EEOO ). The EEOO has been given authority to establish, disseminate and enforce equal employment and affirmative action policies of this company. The MOO may be contacted at: Address:. Telephone Number: t 3a - `tODD _ Fax Number: (`2t)). a S a-=�' ' - in One Sari Diego County (or Most Local County) Work Force - Mandatory ® Branch Work Force a Di Managing Office Work Force Check the box above that applies to this WFR. *Submit a separate Work Force Report fir all participating branches. Combine J FRs if more thou one branch per couttti. I, the undersigned representative of Ti.e. c4e •' ,"n".•^"C-4211?''"$ t C - „ - (Pro None) J Z. t r-.,,.•. i IN hereby certify that information provided (County (!ate) herein is true and comeet This do ument was executed on this i iv day 04-, i h tr# (Q i1 f r t (Frit uthrri%ed gnattre Name) - - EOC Work Force Report (rev. 08104) r r 306797 Attachment AA 'WORK FORCE REPORT —Page 2 pA1VIE OF PYRM7N71 e re 47_. Ci ct *'k,A tkck— t-L t rs.3 OFFICE(S) o} BRANCH(ES): 131f-1 1.. - COUNTY: 1,,Oi et.ri•t 1t+4.-c i 1.. INSTRUCTIONS: For each occupational category, indicate number of males and females in every ethnic group. 'Total eoiuntns in TOW provided. Sum of all totals should be equal to your total work force. Include all those employed by your company oit either a.full or part-time basis. The followgrows are to be included in ethnic cam ,ories listed In columns below: . (1) Black, African -Americana (2) Hispanic, Latino, Mexican -Americans, Puerto Rican (3) Asian, Pacific Islander (4) American Indian, Eskimo ADMINISTRATION OCCUPATIONAL CATEGORY Ivlanageanent & Financial Professional StL.t~'C A&E, Science, Computer Technical 1 Sales 1 Administrative Support Services Crafts Operative Workers Transportation. Laborers* DATE: (5) Filipino (6) 'White, Caucasian (7) Other ethnicity; not falling into other groups r- 4 *Construction labor: sod ether fialdemplares are net to be included ea this page 1 Totals Each Column I Grand Total All Employees Indicate by Gender and Ethnielty the Number Lisobled 1 Above Employees Who Are Disabled: Non -Profit Organizations Only: P,ourd of Directors Volunteers Artists EOC Work Force Report (rev. 08/04) Attachment AA ca= 0451936 7702365" STCI"SON 8 - COMPANY' xxyz�C'alON 1- OSHKOSH CORPORATION 2307 OREGON ST PO BOX 2566 OSHKOSH. WI 542D3 SEcrI0N D-PIKPLOYMV^1T D JOE CA GOR Z SXECU7tVEdSR orvKIALS 6 ,S4IRS KASTAL O OffICTA1S d HicRN FROPAERONALS TISCIIKICANS SALVMORKERs A M: ,E EIRTORT CRAFT WORKERS IA$ORFRG h 1EREP.! sPxvLce WORKERZ TOTAL Px>:v404157f POR.ToTht QUA.L EMPLOYMENT OPPORTONITY 2010 EMPLOYER INFORMATION REPO I T INDIVIDUAL ESTABLISHMENT REPORT TYPE 4 SECTION C -Ake i VOE. kY ING REQ:111:REKENT 11 Y 241 3-Y DUNS NO.=00612689 12- PIERCE MANUFACTURING 2600 AMERICAN DR APPLETON, WI 54914 OUTAGAMIE COUNTY c. Y $1 :uON E ESTAB13319M3NT INFORMATION NAICS: 33612.0 Heavy Duly Truck Manufacturing »AN=OR I1OT4asrAPLXCoRLA. NO Q1 TOTALS • MAU "FEMALE 'V ir1$ "RACK OR AS'Ah1CAN RN11�t1CtL7s1 W OR ArAm 1rAQF[C rs�.++r OM tNi ASTJ�bi W OR AtJLSrfAN MAIM �� OR MORE RA(�{ WH fE SLACK OR FLtWAYL11i AFRICAN NATora° Ok FA.CrPtc p .�57hN 1,i+4.SKi1N ID1AN OR UXflVJ< TWO (Mk A�LORE $AC $ 1 0 0 29 4) 0 0 1 0 6 0 0 • 0 0 0 36 a 0 72 0 0 0 0 0 12 0 0 a 0 0 84 a 131 0 0 1 0 0 32 0 0 0 0 0 165 1 0 112 1 0 0 1 1 12 0 0 1 0 1 130 0 7 0 0 0 0 0 1 0 0 0 0 0 8 0 0 17 n 0 0 0 0 40 0 0 0 0 0 57 4 0 749 2 0 12 7 0 36 0 0 0 ' 0 1 611 4 D 407 I. 0 9 1 0 26 0 a 0 0• Q 448 .108. 0 2 77 0 0 0 0 0. 28 0 0 0 1 0 0 0 l 0 0 0 0 0 0 0 0 0 p 0 0 0 9 3 1601 4 0 22 10 1 193 0 0 1 1 2 1847 8 3 1629 4 0 22 10 1 194 0 0 1; 1 2 1875 secrioNF-REMATOKS tpil�"�Sl, EQUAL EMPLOYMENT OPPORTUNITY/AFFIRMATIVE ACTION POLICY STATEMENT It is the policy of Pierce Manufacturing Inc. to provide equal employment opportunity to all individuals regardless of their race, creed, color, religion, sex, sexual orientation, age, national origin, disability, veten3n status or any other characteristic protected by state or federal law. We are strongly committed to this policy and believe in the concept and spirit of the law, Pierce is committed to assuring that: Ali. recruiting, hiring,. training, prom tion, compensation, and other employment related programs are provided fairly to all persons on an equal opportunity basis without regard to race, creed, color, religion, sex, sexual orientation, age, national origin, disability, veteran status, or any other characteristic protected by law, Employment decisions are based on the principles of equal opportunity and affirmative actlOfl..... All personnel actions such as compensation, benefits, transfers, training, and participation in social and recreational programs are administered without regard to race, caved, color, sex, sexual orientation, age, national origin, disability, veteran status, or any other characteristic protected by law. Pierce believes in .and practices equal opportunity and affirmative action. Director, Human Resources, Stephen Kohler, serves as the Equal Opportunity Coordinator for Pierce and has the responsibility for monitoring this company's equal opportunity and affumative action practices. All employees are responsible for supporting the WriCeptg of theseareas.equal opportunity and a£firunative action and assisting Pierce in meeting its objectives in Pierce maintains affirmative action plans for minorities, females, persons with disabilities, and veterans. Any questions regarding these plans should be directed to the Equal Opportunity Coordinator. If you wish to view the plan for persons with disabilities and veterans, please contact fMr. Kohl r during norina ..'working hours. /-y 306797 r, fir.oast. t jrmartin{a mrtinaPParatus.cam. Subtotal From Additional Sheet(s)t Subtotal C: (C) cannot exceed 2y �o of the total of the Base Unit Price plus Published Options (A+B). _— ..._ .,sue-� ;r.;�.-•-�•'fe�� �... ..ki "__, _Sd •G.52... _�S• .F_<.. �tr'y4. �. _%:. rT':..x......�'.�1.'7F �.._ 'L. n. 1$ 2,645,470.671 106 1 92 101 210 204 209 0582135 0062672 0027817 0596686 0038115 0581627 0011742 0031065 0006826 0592373 0008850 0046612 0542810 0070326 0082920 000882 0013985 0087852 0581681 0596699 0063727 0517299 0064469 0544441 0552448 0565210 0015364 0003945 0581977 0035382 0004027 0019540 0006975 0581484 0529654 1 1 Aluminum Wheels Tandem Axle 1 1 1 1 1 LrebQ System, SKF MonoF'iex, 22 Pain Q28 Siren Intercom, David Clark, 6-Pos, 1-Dual/l-Single Radio, D,0,3C,T Collision Avoidance, Align For Stowing, PAL Waterway Shutoff Vivo, Elec, Tntbl Sw., PAL Diagnostic Software, Detroit Diesel Diagnostic Link (3DL), Stars and Horel►aare Electrical Diagrams! 12V As -Built on CD, Custom Chassis HDWAerial, IS Unit Tilt Cab w/TAKC-4,•NLG1-00.0rease San Diego 1 Quick -Lock Waterway Locking System, PAL. Tray, 500 lb Silde-out, 2`• Sides - Fir Mtd, Sp Si 1 Reel, Bloc t Cubic, Hannay,1600, (3) Wire 1 Charger, Sngl Sys, Kussrnaul, Pump Plus 1200, 091-9-1200, San Diego 1 Light, 792H Opticom Emitter, Remote Mount on Cab Roof 1 Light, Kwik-Raze, 1000W 240V, 910 Top Raise, Tbru-Body Mount 1 Brake Lines, Wire Braided, DLX/Enf/Qtrn/AXT 1 Box, June, Cir-D,.PF54G, 4) 15 A 120V TL, Yellow Light, Kwlk.Raze, 750W 120V, 636, 1 Cord, Electric, 1013 yellow, 3 Wire Magnaflre 3000, Non -Telescopic 1 Tray, Adj., 30 Deg., lit/Slide-out, (245 lb) 1 Vehicle information Center, 7" Color Display, MUX 1 Quick Lock Waterway indicator Light and Alarm, 105` HDL, San 1 Diagnostic Software, Wabco, Toolbox, Latest Version, CD Software and Hardware 1 Compt, DS Turntable, NH ND, Roll Dr & Lap Dr, 105 HDL, 06 PAP 1 Light, FRC FOCUS, 120 Volt, D Tip, PAL San Diego 1 Diagnostic Software, Allison DOC Package (For LapTop) 1 Handllghts, (4), Strsamlight, LiteBox, 12v, Orange 1 Electric Door Locks, Cab Doors, at Pump Panel, AXT 1 . Seat, Driver, Pierce PSV, Safety, Air Ride HI -Back 1 Tray, 500 lb Slide -out, 2-Way Trans Slide w/3" Sides-Adj Ht Diego ONLY 1 Shelf Tracks 1 Light, Stabilizer Warn, (2) Sets, Whelen 6ORRBFRR Flashing LED 1 , Compt, PS Turntable, F)H, Roll Dr & Lift Dr, 105 HDL, 85 PAP 1 Fender Crowns, Rear, 5/S, Two Pair 1 Guard, Drip Pan, S/5, Roll -up Door 1 1 Spotlights, Collins FX-12 (PAL) 1 Cover, Hosebed, Aluminum Treadplate, Welght Supporting, PS Front Chute,Aerial 1 Light, Traffic Directing Whalen TAL65, 36.01" Long LED 0540550 0517296 0565815 0005525 0544802 0006118 0089958 0080515 0045276 0549508 0546975 0543930 0072104 0585502 0548006 1 Monitor, Akron 3578 StreamMaster electric 1 SCAM 2lamatic Mounting Bracket San Diego 1 LyfePulley, Rescue -System 1 Panel, Pump and Gauge, Brushed S/S 1 Chocks, Wheel, SAC44-E, Folding 10,426.00 TAK-4 Suspension 13,493.00 Provide Breathing Air to TIP ,Y21.00 Trans, Allison Gen IV 4000 EVS PR, Im$ 9 pIVelICBBC $ 6,467.00 Side Roll Protection Package, Cab,lmplVel 6,467.00 3,3655.00 8,042.00 6,379.38 1 Matting, Dri-Deck w/bevel Compt Floor only 1 Tips, Stacked, ST-194, at Aerial Tip w13.50" screw plate & Adapte 1 Lights, Side, Whalen, TIR3, Vertical Optics LED 1 Enclosure, Reel "San Diego" 1 Compt, (2) Storage, One Each Side Of Crew Cab, Below F1r,Palnted Drs,Lock D-Ring 1 Compt, 48", w/Rollup Doors, IPO Pump House, Aerial, Cab Height 1 Vehicle Data Recorder, Duo/ Module 1 1 4,734.80 4,708.16 4,565.83 4,455.48 4,342.11 3,227.26 3,192.86 2,334.41 2,228. 2,185.07 2,184.53 2,066.36 1,985.37 1,900.02 1.869.40 Roof, Alum 4-way (Aerials) Key Storage, Knox Box8, KeySecure 2, PIN 2624, Blue Strobe, Surface Mounted, Cab 1 Wiring, Spare, 15 A 12V DC, Second 1,816.35 1,771.03 1.575.77 1,487.24 1,472,02 1,431.68 1,431.62 1,420.64 1,387.53 1,326.12 1,317.66 1,315.74 1,299.00 1,294.75 1,206.19 1,285.30 1,053.12 1,075.42 1,034.12 1,020.52 1,017.93 938.26 931.43 924.01 918.94 884.12 877.21 873.26 809.94 849.93 825.62 749.58 4731.39 0592151 a 0048275 0028022 0549464 0517000 0051856 0581850 0032099 0544006 0001051 '0517390 1 1 1 1 . 1 1 1 1 1 1 1 0038004 0587471 1 1 0582172 0517004 0035089 0010931 0530074 0599334 0683425 0045394 0006630 0004249 • 0550792 0007738 0662894 0045159 0063971 0016857' 0017242 0002683 0068701 . 0016945 0552777 0041495 0030408 0507200 0045002 0033952• 0012352 0502661 0583631 0660536 0531625 0545907 0044316 0014130 0000845 0077252 0605132 0569097 0569093 0548004 0591636 0599317 0012223 1,0588142- 1 Tray for Blade Bottom Side of Adjustable Shelf 0588136 1 Shelf, 500 lb, Permanently Mounted, 6" Sides, for Customer Extension Cords - • 1 1 1 1 Map box, 4 bin, Custom Chassis, Slotted Dividers, AXT, San Diego Turntable steps -Morton Cass, Swing Dawn, DS & PS (PAL., PAP, SkyArm) Matting, Dri-Deck Shelving only Seat, Fold Up, Single, w12.00" back & headrest, Center Shelf, Permanently Mounted, 3/16 Material, 1" Lips lnveted Mentor Brace Schematic, Air Brake, as Built Electrical Diag nctnr.,120/240 Volt Electrical System, As -Built (1) Dwg Laminated Tint, Windows, Crew cab Mounting Brackets,• Chocks, SAC-44-E, Folding, Horizontal Cooling Hoses, Silicone - Custom Air Bag Tray (San Diego SWitch, (4) Momentary, Front Door and Rear Door, Terminate in Jdideties Doxon Vehicle Data Recorder, wlDriver Seat Sensor, Houston Heater, Zerostart, 1000 watt Immersion, wlThermostat Toolboard, Added To Tray .188 Alum 500 lb Capacity W1 D/A Sended.Finish 6uerd, Air Hoses W/ Fire Resistant Wrap"San Diego' Driveline Safety Loop Location, Traf Dir Lt, On Top of Body Below Turntable with Trdplt Box 1" Wiring, Spare, 50 A 12V DC, First,1.38" Stud 1 Shelf, Equipment Mounting with 2" Lip, Crew Cab, Alum WlSupports Hon Cat Engine 1 Ladder Storage Modified in Torque lox (San Diego) 1 Buzzer, Warning - Rear Step to Cab, Driver Side Slides, Dura-Surf, Ground Ladder Storage,(PAUPAP) 1 Stripe, Chevron, Rear,. Reflective, Bumper Covered, Aerial i 1 1 1 1 1 Paint, Air Condttioner'Cover/Mounts to Match Roof 1 Brackets, Narrow, Hat Section, Aerial Tip, Tiller, No Waterway, Beverly Hills Guard, 518, Protect Back Side Of Roll -up Door 1 Daytime Running Lights, Headlights "Low Bean;" 1 Shoreline, 20A 120V, Hussman! Auto Eject, "Super" Paint Chassis Frame Assy. Job Color • Tray, Battery, S/5 Lights, Grote Supernova LED, Stabilizer Beam, (2) Sets 1 Brackets, Roof Ladder O Aerial Fly Section Fuel Pump for Reprlming 1 Seal Ali Exposed Unused Connectors in the Chassis Harness 1 Handrails, Interior Crew Cab doors, Mtd D 45deg angle 1 Lifting Eye, Rope Rescue Attachment - HDL 1 Axle Hub Covers, Rear, 815, RW7715, Foam Mount, High Hat (Tandem) 1 ,Shelves, Adjustable, Full Depth/Width ' 1 Cover, Alum Treadplato, For Hose Tray 1 Ammeter, Cab instrument Panel, Special Location 1 Tire Balancing, Ail, Tandem Axle 1 Wiring, Spare, 15 A 12V, DC, Fourth 1 Exhaust System, 0", 2010, PS, Modified 45 Degree w15`° Exhaust Extract Adapter 1 Air inlet, wlDlsconnect Coupling, DS Lower Step Weil, Rearward of Step Light 1 Spotlight, Handheld Cab, specialty Lighting 2150►1 1 Air Tank, Additional for Extra Air Honi Capacity 1 Air Tank, Additional for Extm Capacity 1 lettering, Reflective, Additional 1 Asmt 23n; Per, Poinp,1-l&ot A 1 Discharge Side ' 1 LH`tiTow Package,w1Tow E3+ee Below Deck,Tow Ext.out Frt of Bumper, AXT "San Diego 1 'Cab Lift Reservoir Guard "San Diego" 1 Wiring, Spare, 15 A 12V DC, Firs 1 1 Matting, Drt . Deck, EMS Cornet Wire, Spare, Dual Wire, Shielded Belden 8723 050, 1st. 1 Scufpletes, Alum 4-way on rear corners of cab 722.03 721.78 • 693.00 689.25 673.84 668.76 668.03 655.i13 650.75 834.54 633.11 829.99 627.441 621.53 607.33 602.60 001.73 565.15 547.15 534.83 510.52 510.48 407..67 484,72 477.67 465.23 467.71 447,74 443.23 440.61 410.67 402.87 397.84 392.13 391.76 385.89 382.15 36'1.22 363.61 381.6E 338.86 333.67 '327.92 327.54 321.07 319.41 315.13 315.13 314.54 289.46. 284.32 283.34 245,94 241.69 234.36 217.79 211.04 202.03 189.65 0027341 0550777 0006979 0006981 0020335 0005794 0001745 0511402 0077041 0562101 1 Jog, In Reflective Stripe, Single or Multiple 1 Grab Handles/Straps, interior, Craw Cab, Overhead 1 Brackets only, Ax (61b or SFb) ft Aerial Fly Section 1 Brackets, Pike Pole ft Aortal Fly Section (No Pole) 1 Hangers, For Headsets, Each 1 IBoom Support, Painted Job Color IPOS 1 lTrim, Locking, Window, Black lP0 Chrome 1 fScuffpinte, 4-way, Top And Edge Rear Facing 3eatriser 1 1 Emblem, American Flag, 4.00H x 7.00W 1 0545391 0559736 0559806 0039628 0039627 1 1 1 Wire, 14-ga. Spare, Dual Wire, First Tire Pressure Monitoring Valve Cap Engine Starter, interlock Wire Braided Engine Oil Dip Stick 1 1 Contingency Fund Credit for smaller pally 185.72 169.69 169.89 164,15 156.85 158.85 143.51 142.59 139.97 134.93 117.65 Base Bid Published Options Total Published Options Unpublished Options i �o $ 693,851.00 $ 48,425.00 $ 742,276.00 $ 138,880.89 Total Options w/o MAC Fee $ 881,156.89 PERFORM. LIKE NO OTHER NATIONAL CITY FIRE DEPARTMENT 100% Pre -Payment Option August 27, 2014 If a 100% pre -payment were made at contract signing, the following discount would be applied to the final invoice: Each Extension One ( 1 ) Pierce Arrow XT 105' T3 PUC Aerial as per enclosed proposal for delivery sum of $ 983,969.00 $ 983,969.00 100% Prepayment Discount $ (38,165.00) $ (38,165.00) APPARATUS COST $ 945,804.00 $ 945,804.00 Sales Tax @ 9.000% $ 85,122.36 $ 85,122.36 Performance Bond $ 2,951.91 $ 2,951.91 California Tire Fee $ 10.50 $ 10.50 TOTAL PREPAY PURCHASE PRICE $ 1,033,888.77 $ 1,033,888.77 Less 100% pre -payment at Contract Signing $ 1,033,888.77 $ 1,033,888.77 BALANCE DUE AT DELIVERY $0.00 $0.00 100% PRE -PAYMENT DISCOUNT SHOWN ABOVE IS AVAILABLE IN TWO WAYS: a) If your department makes a 100% cash pre -payment at contract signing. b) If your department signs up for a lease -purchase with Oshkosh Capital. This would require no money down and no payments for one (1) year if desired. * Discount for the 100% pre -payment option includes discounts for the chassis, interest, aerial (if applicable), and flooring charges. * Any item added after this option is elected will come at additional cost and will be added to the final invoice. Options for the new 105' Aerial Quint Truck 1) Foam system delivered to every discharge. The National City Fire Department (NCFD) has been hampered in the past in providing foam systems on our apparatus due to budgetary constraints. The addition of a foam system has many benefits and virtually no drawbacks. With the foam system, the NCFD will be able to reduce the amount of water carried on the apparatus from 500 gallons to 300 gallons saving an estimated 1,670 pounds of weight, which in turn increases the lifespan of the suspension, tires, brakes, and frame of the apparatus. The foam system will more than double the amount of water carried on the apparatus due to its 3 to 1 ratio. This 3 to 1 ratio will not only save water, but it will also extend our capabilities in areas of the City where the NCFD is challenged by adequate water sources. This apparatus will be extremely beneficial when battling vegetation fires in areas like Plaza Bonita, Calle Abajo, and smaller open areas around the City because foam capabilities can be shared with the first arriving unit by means of manifolding. The foam decreases the surface tension of the water allowing it to be more readily absorbed by the materials it is applied to; this also creates reduced on -scene times and commitment of resources. 2) All wheel steer capability. This will be the first apparatus in our fleet to have the capability of all wheel steering. The benefit to all wheel steering is that the apparatus will be able to maneuver into tighter areas giving us access to the aerial ladder when needed. Areas that come to mind are the Admiralty Apartments, The Palm View apartments, the complex located at 817 Eta, the Grainger apartments, and various other areas in the City where access to a large apparatus is limited. An additional benefit to all wheel steering is the ability to negotiate through traffic, which has been difficult due to the traffic calming measures enacted throughout the City. Lastly, all wheel steering will lengthen the life span of the tires on the apparatus and ultimately become a cost saving measure for the City. 3) Aerial standpipe. The NCFD elected to include an aerial standpipe on this apparatus, which really dovetails into our operational needs. Recently there have been a rash of thefts of our fire department connections at local businesses throughout the City which can seriously impact our firefighting operations. The aerial ladder pipe on the truck will be used to replace the pre -plumbed standpipe system located at the many high-rise facilities throughout the City, like Kimball and Morgan towers, the Summerset Apartments, Plaza Village Senior Living, Clarion Hotel, Bay View Suites, Paradise Village, Paradise Valley Hospital, Sweetwater Inn, and Paradise Valley Health Care Center. Including the aerial standpipe connection will increase our efficiency in this operation saving precious time in these high life value occupancies. 4) Communications. This is the first apparatus that the manufacturer will install the communications system. Previously, radio equipment was installed by third party vendors. All mobile radios will be provided and installed by the manufacturer; this includes the 800 Mhz mobile radio, the MDC terminal, all portable radio chargers, flashlight chargers, and thermal imaging camera chargers. This will save the NCFD money in man hours because the manufacturer can provide this service in a more efficient and timely manner. 5) Auxiliary lighting. The NCFD has determined the need for more lighting on the aerial ladder during nighttime operations. As a safety measure, the NCFD added the rope lighting along the length of the ladder, which will reduce the hazard of climbing the ladder in the darkness. An improved lighting package on the apparatus will include LED lights, which will extend the lives of the batteries, alternators, and lights. 6) Increased storage compartments. With the decrease in the size of the water tank on the apparatus there will was an opportunity to increase storage compartments. Being an all risk, all hazard department; the increase in storage compartments allow the NCFD to carry additional necessary equipment that will not fit on our current truck. 7) Additional mounts and brackets. The NCFD included additional mounts and brackets on the aerial ladder, which will serve as time saving measures by increasing the efficiency and safety of our operations. For example, the NCFD proposed the installation of two chain saw mounts that will allow the saws to be extended to the roof with the ladder, eliminating the need for the firefighters to carry them up the ladder themselves. The benefits to this operation are that the firefighters are now able to use both hands while climbing, instead of only one while they hold the saw, and also it expedites the time to the roof because a firefighter climbing with both hands climbs much more efficiently than one climbing with one. RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE COUNCIL TO WAIVE THE FORMAL BID PROCESS PURSUANT TO MUNICIPAL CODE SECTION 2.60.260 FOR THE PURCHASE OF A 105' AERIAL QUINT LADDER TRUCK, AUTHORIZING THE CITY TO COOPERATIVELY PURCHASE ("PIGGYBACK") CITY OF SAN DIEGO RESOLUTION NO. 306797 IN ACCORDANCE WITH THE PRICING AGREEMENT NEGOTIATED BY THE HOUSTON-GALVESTON AREA COUNCIL THAT ESTABLISHES A PER UNIT COST OF $881,156.89 TO PIERCE MANUFACTURING, AND AUTHORIZING THE PURCHASE OF THE LADDER TRUCK WITH OPTIONS FOR THE NATIONAL CITY FIRE DEPARTMENT FOR A TOTAL OF $1,033,889 FROM THE EQUIPMENT REPLACEMENT FUND WHEREAS, City of San Diego adopted Resolution No. 306797 approving competitive bids solicited by the Houston -Galveston Area Council ("HGAC"), determining Pierce Manufacturing, was the lowest responsive, responsible bidder, and was awarded their bid for a Pierce Arrow XT 105' Quint ladder truck; and WHEREAS, Pierce Manufacturing has offered the City of National City the opportunity to take advantage of the same competitive bid price given to the City of San Diego; and WHEREAS, Section 2.60.260 of the National City Municipal Code provides that the City may buy directly from a vendor at a price established through competitive bidding by another public agency whose procedures have been determined to be in substantial compliance with the City's procurement procedures, and such a determination has been made in this case. It is therefore recommended that the purchase be made without complying with the competitive bidding procedure set forth in the Municipal Code; and WHEREAS, the City of San Diego specifications did not include options of $102,812.11 and the prepayment discount of $38,165.00 that was applied to the City of National City's purchase price of $983,969.00 unit price bringing the total purchase price to $1,033,888.77 with tax; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the determination that the Houston -Galveston Area's procurement procedures are in substantial compliance with National City's, and pursuant to Section 2.60.260 of the Municipal Code, authorizes the waiver of the bidding process and approves the cooperative purchase. BE IT FURTHER RESOLVED that the City Council authorizes the purchase of a Pierce Arrow XT 105' Quint ladder truck from Pierce Manufacturing for the amount of $1,033,888.77 from the Equipment Replacement Fund. [Signature Page to Follow] Resolution No. 2015 — February 3, 2015 PASSED and ADOPTED this 3rd day of February, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 2/3/2015 — Page 73 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Council to waive the formal bid process pursuant to section 2.60.110(B)(2) of the National City Municipal Code and authorizing the Mayor to execute a one-year agreement between th CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 3, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Council to waive the formal bid process pursuant to section 2.60.110(B)(2) of the National City Municipal Code and authorizing the Mayor to execute a one-year agreement between the City of National City and SirsiDynix in the amount of $30,585.74, with six one-year automatic renewals with the ability to opt -out, for a seven-year total amount not to exceed $164,955.74 to upgrade the National City Library's Integrated Library System (ILS) to a Cloud hosted solution (SaaS). PREPARED BY: Gloria Olivares PHONE: 619-470-5882 EXPLANATION: DEPARTMENT: APPROVED BY: The proposed agreement with SirsiDynix will allow for the following actions: 1. Move the ILS to a Cloud hosted solution (SaaS): where the application will be hosted by the vendor SirsiDynix at one of their secure datacenters and all upgrades will be done automatically by SirsiDynix. 2. Add BLUEcloud Analytics: which gives the Library the tools to create powerful reports for critical data analysis. 3. Give the City the option to renew the contract for six additional one-year terms at an annual price increase cap of 1.9% or to terminate without penalty prior to the end of the current year for the following year. Library (See attached Staff Report for further details) FINANCIAL STATEMENT: ACCOUNT NO. 629-417-082-502-0000 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: ci%� Finance APPROVED: ` MIS STAFF RECOMMENDATION: Approval recommended BOARD / COMMISSION RECOMMENDATION: Approved by the Library Board of Trustees on January 12, 2015 ATTACHMENTS: 1. Staff Report 2. Master Agreement Between City of National City and SirsiDynix 3. Quote 61665 for: City of National City 4. Resolution - -F CALIFORNIA +-�* NATIONN.L CHIT a INCORPORATED February 3, 2015 STAFF REPORT ITEM: Resolution of the City Council of the City of National City authorizing the Council to waive the formal bid process pursuant to section 2.60.110(B)(2) of the National City Municipal Code and authorizing the Mayor to execute a one-year agreement between the City of National City and SirsiDynix in the amount of $30,585.74, with six one-year automatic renewals with the ability to opt -out, for a seven-year total amount not to exceed $164,955.74 to upgrade the National City Library's Integrated Library System (ILS) to a Cloud hosted solution (SaaS). BACKGROUND SirsiDynix Horizon is the Integrated Library System (ILS) used for various library functions such as cataloging, circulation, acquisitions, reserves, etc. With this item, staff seeks Council's approval to procure an upgrade of the current system and to enter into a new agreement with the current vendor with a waiver of the formal bid process. DISCUSSION The Horizon software release currently used by the National City Public Library is due for an upgrade. The upgrade will improve the functionality of the system, making the use and process easier and more efficient for both staff and patrons. Through this proposed agreement, SirsiDynix will allow for the following: • A hosted solution (SaaS) — SirsiDynix SaaS helps cut costs and lets Library Staff focus on what matters the most: serving community needs. With SaaS, Horizon application will be hosted at one of SirsiDynix secure data centers. All control of the system remains with the Library as if it were hosted onsite. However, o SaaS will eliminate the day-to-day tasks Library staff have to do including: • Replacing costly on -site end -of -life hardware currently procured and maintained internally. • Automatic daily backups will be done by SirsiDynix with weekly offsite storage to ensure the Library's data is safe in the event of local system interruption, hardware failure, natural disaster, etc. This will save staff the time and effort of establishing backup and recovery routines. • Hardware and software upgrades will be done by SirsiDynix. System hardware will be housed, maintained and replaced by the vendor and the Library can schedule our system upgrades, conducted by SirsiSynix, at our convenience, even after hours. ■ Server Uptime — SaaS provides 99.9% uptime • Added Functionality— BLUEctoud Analytics —The upgrade includes enhanced reporting functions. Creating powerful and interactive reports is an important function for the Library. BLUEctoud Analytics contains analysis tools specifically built for libraries and custom report features. It allows the Library to run specific reports or design reports tailored to our needs. Report results are available instantly. Data can be combined overtime from our Integrated Library System (ILS), Online Public Access Catalog (OPAC), and other SirsiDynix software to get key performance indicators for the Library. o Library Staff can access data on the fly via a desktop, tablet, smartphone through SirsiDynix web -based interface. o Data can be exported to a spreadsheet or PDF to share basic data or even to a Flash or HTML file to share an interactive report. In addition to upgrading the software version, staff seeks to enter into an agreement that includes the option to extend at terms favorable to the City. The proposed agreement includes the option to renew the annual maintenance and SaaS services agreement up to six (6) consecutive one-year terms after the initial term with an annual price increase cap of 1.9% for each subsequent year and without any termination penalty upon written notice to SirsiDynix of intention to terminate agreement sixty (60) days prior to the end of the current year term. As a result, the Library will gain all the advantages of these technologically advanced tools without the added stress of managing complex technology and equipment on site as well as the day-to-day duties involved in managing them. It is requested that City Council waive the formal bidding requirements as allowed in Chapter 2.60.110(B)(2) of the Municipal Code. The outcome of this proposed action is an upgrade of the City's existing library automation system. SirsiDynix Horizon system is proprietary; there are no other vendors capable of providing a supportable upgrade. Therefore, the circumstances are such that no obvious, ascertainable advantage to the city could result from engaging in a competitive bidding process. RECOMMENDATION Waive the formal bid process pursuant to Section 2.60.110(6)(2) of the City of National City Municipal Code and authorize the Mayor to execute a one-year agreement between the City of National City and SirsiDynix in the amount of $30,585.74, with six (6) one-year automatic renewals. FISCAL IMPACT The total cost of the agreement for the maximum seven (7) year period is $164,955.74. Currently, for FY2014-15, the Library pays $15,610.97 for annual software maintenance. We host the library software onsite through three (3) servers • Server 1— Library database production server • Server 2 — Library Public Access Catalog (OPAC) • Server 3 — Web Reporter As the servers are nearing the end of their lifespan, we are faced with the decision to: 1. Continue to support the software on site — in which case we need to purchase new servers and continue to support the hardware; or 2. Move to SaaS and have the vendor support entirely both software and hardware. Annual maintenance cost will be $21,360 in Year 2, with an annual increase of 1.9% for any subsequent 5 years. And for but a slight increase in annual maintenance costs in exchange for the full benefit of having all the work and maintenance done by the vendor, staff recommends City Council's approval of the upgrade. SirsiDynix Social library BookMyne Analytics Symphony & Horizon Web Reporter eResource Central SirsiDynix® Web Crlent Put SaaS technology to work for you! SirsiDynix SaaS helps you cut costs and lets you focus on what matters most: serving your community. With SaaS, you host your SirsiDynix applications at one of our secure datacenters around the world. Stop worrying about hardware, power bills, maintenance, and hosting—SaaS provides 99.9% uptime, system monitoring, automatic backups, advanced security, and automatic hardware and software upgrades. SirsiDynix SaaS and the services of SirsiDynix-certified system administrators free you of time- and skill - intensive implementation and management tasks, allowing your staff to focus on community needs and rest easy at night. All control of your library systems remains with you, as it would if it were hosted onsite; the technology maintenance is just simplified. SaaS gives you a platform that is stable, high performance, and proven at well over 1,000 SirsiDynix customer installations. Find out why more and more SirsiDynix customers are moving to SaaS. Contact your SirsiDynix representative today to find out more. 0 Instant integration network Take advantage of 99.9% uptime and automatic provision of computing power and storage to meet your expanding system demands. Large-scale clustering ensures your system always runs at high efficiency. Storage and backup systems. Save your staff the time and effort of establishing backup and recovery routines. SaaS provides daily automatic application backups and weekly off -site disaster recovery storage to ensure your data is safe in the event of local system interruption, hardware failure, natural disaster, or other interruption. SirsiDynix software services Make sure your library is using the latest and greatest versions of all your software without dedicating extra resources to upgrades. Schedule upgrades at your convenience — even after hours to avoid interrupting your workday. SirsiDynix SUMMIT `4 AC Sows Ites.t. LimtlSearch Resus ,F 22• iYaller �® C SAtot ai/(afian _ _4,: �'er➢h,rW Jana ($) et, Granc ,a $'a) 14. ,Cv.atenl RONIe 12) 'Owquf 4.4411 ,L ,2: uu• E.F•n'.n MEMO teat• prr, �,1� :«rH) Subject == l* fl,1F,7,:m 171 FIaaa (6' away, 1 aul)... 36. Fria 4: WI. 14 pul 2. 3. 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Our expert system administrators and secure datacenters eliminate the need for you to worry about the following: Replacing end -of -life hardware Maintaining expensive maintenance contracts Predicting usage and providing appropriate capacity Upgrading and troubleshooting applications Providing power and cooling for 1LS servers, making your location more environmentally friendly From the beginning we've offered you a strong infrastructure and platform: dedicated and redundant server capacity, CPU, memory, storage, security protocols, server -side networking, switches and high - bandwidth Internet capacity. We have since built on that foundation to offer an even wider range of services: Integrated security platforms Daily automatic application backups Weekly off -site disaster recovery storage Proactive, predictive system monitoring and management 24-hour critical care support Large-scale clustering SirsiDynix' BLUEcIoud Analytics Get the insights that matter Dive deep In your data with BLUEcloud Analytics. Analytics gives you the tools you need to get past surface impressions and map the real ways your library brings value to your community. It does more than report today's numbers: it combines data over time from your ILS, OPAC, and other SirsiDynix software to give you key performance indicators for your library and community ecosystem. Discover connections you never suspected with multifaceted charts combining library and community metrics. Generate complex analyses in seconds. View all your data in one web -based interface. Streamline your library's processes and share your successes wrth customized reports tailored for colleagues or stakeholders. Analytics is available as a no -cost upgrade for libraries running SirsiDynix Directors Station, and as an affordable option for all other libraries. Please contact your SirsiDynix sales representative to learn more. Easy Analytics Create powerful reports with a drag -and -drop UI that requires no complicated query language. Run library -specific reports created by SirsiDynix or design reports tailored to your needs. See report results in seconds. Wide Compatibility Access your data on your desktop, laptop, tablet, or smartphone through a web - based interface. Analytics delivers the same powerful reporting whether your system is on SaaS or locally hosted and whether you run Horizon or Symphony. { Interactive Report Sharing Share your analysis with colleagues or stakeholders. 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MR 131 1111.77 11 PIO.m (4131.00 00.00 •90 114714.1 6443,010) 160411 7,741 111.131 ff 111.3131,4) 41109.5 110 1143040 110301.01 121.700 4 ILILSAS 41100) 11,061 41 4 11.01003 1110.10) 0711.4 144 140114 (OZSSa.M2 1.,44>a >L /10,4111 (010.70.311 raw 3 006 141020) 0111.0 144 144101 41141.011 rum 37 648SO (404.0; 1000 01 00.4 (01100) 101.44 11 11463 063.63) 410.4e 14 .1.1111.0 1w01.711 4.141.11 1,41 1110L0 114.01 • I) 66111 1/1 10,104.4 (4A1.011 37.71111 10 0107.0 4li„) Si 0093 (114.11) 114 0.714.13 (41.I040) am 41,41S.Is (a,Y Do 14 *1.80 S0 (11.440-40) 1 00.17 44711 11 11140 (44.02 214 4L447.11 M,7/0.141 047 .. 0.00Af (wa„, Discover new ways to display your data for in-depth analysis Discover the unique ways you bring value to your community and improve the way your library works. BLUEcloud Analytics comes with prebuilt analysis tools designed especially for libraries, as well as the power to create custom reports that give you insight into "what -if' scenarios. Analytics makes it easy to go beyond basic reporting. With customizable data visualization, access to more ILS data than ever before, and library -specific analysis tools, you can pinpoint the evidence you need to make the right decisions for your library and community. Visualize vital data in seconds Analytics combines data from your SirsiDynix applications and ILS into data cubes -comprehensive sets of related data. Each data cube contains built-in relationships between different data components, allowing you to compare, contrast, manipulate, and visualize your data in seconds. SirsiDynix refreshes your data cubes automatically, letting you access timely data without waiting for reports to run. Abundant data and powerful analysis Analytics gives you more 1LS and application data than any previous reporting tool, opening a wide window into your library operations and clarifying your community Impact. It also Includes the built-in analysis tools you need to refine that abundant data and zero in on the insights that matter. File: National City Public Library GC#300383 MASTER AGREEMENT BETWEEN CITY OF NATIONAL CITY AND SIRSIDYNIX 1. PURPOSE AND SCOPE 1.1 Parties and Effective Date. This Master Agreement (the "Master Agreement) is entered into between Sirsi Corporation dba SirsiDynix ("SirsiDynix") and the customer identified in the signature block below ("Customer"), with effect on the date of the last signature below ("Effective Date"). 1.2 Purpose. This Master Agreement establishes the general terms and conditions to which the parties have agreed with respect to the provision of Products by SirsiDynix to Customer. Additional terms for the purchase of a specific Product are set forth in the Quote(s). By signing below, the parties acknowledge receipt of and agree to be bound by the terms and conditions of this Master Agreement and the Quote(s) for Products purchased by Customer. All pre-printed or standard terms of any Customer purchase order or other business processing document shall have no effect. 1.3 Incorporation of Quotes. "Quote" means the document(s), regardless of actual name, executed by the parties which is incorporated by reference into the terms of this Master Agreement, and describes order -specific information, such as description of Product ordered, License Metrics, fees, statements of work, exhibits and milestones, At any time after execution of the Master Agreement and the initial Quote, Customer may purchase additional Products or otherwise expand the scope of existing licenses or Subscriptions granted under a Quote, upon SirsiDynix receipt and acceptance of a new Quote specifying the foregoing. 1.4 Incorporation of EULAs. Customer's use of any Third Party Products licensed hereunder or incorporated in the Products may be subject to, and Customer shall sign and comply with, any applicable EULAs. 1.5 Order of Precedence. To the extent any terms and conditions of this Master Agreement conflict with the terms and conditions of a Quote, the terms and conditions of the Master Agreement shall control, except where the Quote expressly states the intent to supersede a specific portion of the Master Agreement. To the extent any terms and conditions of this Master Agreement conflict with the terms and conditions of an EULA, the terms and conditions of the EULA shall control. 2. PRODUCTS USE RIGHTS; TITLE 2.1 Generally. Customer's purchase of Products under this Master Agreement may include from time -to -time Software, Subscriptions, Services, and/or Hardware. The following provisions under this Section 2 apply if relevant to the type of Product purchased pursuant to a Quote. 2.2.1 Software License. Subject to the terms and conditions of this Master Agreement including without limitation the restrictions set forth in Section 2.7 and Section 2.9 and timely payment of the applicable fees, SirsiDynix hereby grants to Customer a limited, non-exclusive, non -transferable and perpetual (subject to SirsiDynix termination rights pursuant to this Master Agreement) license to (i) install, run and use the Software identified in the Quote in the Operating Environment solely for Internal Business Purposes, and (fi) use the Documentation in connection with such use of the Software. Customer may not make copies of the Software except a reasonable number of machine-readable copies solely for internal backup or archival purposes. All Intellectual Property rights notices must be reproduced and included on such copies. Customer shall maintain accurate and up-to-date records of the number and location of all copies of the Software and inform SirsiDynix in writing of such upon request. 2.2.2 Unless otherwise set forth in a Quote, the Software shall not be simultaneously loaded and operated on more than one hardware platform, except temporarily during the process of platform migration. 2.2.3 Customer shall use the Third Party Products solely in conjunction with the SirsiDynix Software and Customer shall have no broader rights with respect to the Third Party Products than it has to the SirsiDynix Software. SirsiDynix may add and/or substitute functionally equivalent products for any third party items in the event of product unavailability, end -of -life, or changes to software requirements. 2.3.1 Subscriptions. For Subscriptions purchased by Customer, and subject to the terms and conditions of this Master Agreement including without limitation the restrictions set forth in Sections 2.7 and 2.9 and timely payment of the applicable fees, SirsiDynix grants to Customer the right to access and use the Subscription identified in the Quote solely for Internal Business Purposes and to use the Documentation in connection with such access and use for the Term. SirsiDynix shall use commercially reasonable efforts to make the Subscription Services available 24x7, except for scheduled downtime events, or emergency downtime events, or Internet service provider failures or delays. SirsiDynix will use commercially reasonable efforts to perform scheduled downtime events outside of normal business hours. Customer acknowledges that the Subscription Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. SirsiDynix is not responsible for any delays, delivery failures, or other damage resulting from such problems. 2.3.2 Customer is solely responsible for obtaining and maintaining at its own expense, all equipment that may be needed to access Subscriptions, including without limitation, Internet connections. Customer understands that Subscription communications may traverse an unencrypted public Internet connection and that use of the Internet provides the opportunity for unauthorized third parties to illegally gain access to Customer Data. Accordingly, SirsiDynix does not guaranty the privacy, security or authenticity of any information transmitted over or stored in any system connected to the Internet. 2.3.3 Customer is responsible for maintaining the confidentiality of all passwords and for ensuring that each password is used only by the authorized user. Customer is responsible for all activities that occur under Customer's account. Customer agrees to immediately notify SirsiDynix of any unauthorized use of Customer's account or any other breach of security known to Customer. SirsiDynix shall have no liability for any loss or damage arising from Customer's failure to comply with these requirements. 2.3.4 Customer shall be safely responsible for the accuracy, quality, integrity and legality of Customer Data and of the means by which it acquired Customer Data. Customer acknowledges and agrees that SirsiDynix does not monitor or police the content of communications or data of Customer or its users transmitted through the Subscriptions, and that SirsiDynix shall not be responsible for the content of any such communications or transmissions. Customer shall use the Subscriptions exclusively for authorized and legal purposes, consistent with all applicable laws and regulations. Customer agrees not to post or upload any content or data which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening; (b) contains viruses or other contaminating or destructive features; (c) violates the rights of others, such as data which infringes on any intellectual property rights or violates any right of privacy or publicity; (d) constitutes sensitive personal information such as social security numbers, credit card information, or drivers license numbers; or (e) otherwise violates any applicable law. Customer further agrees not to interfere or disrupt networks connected to the Subscriptions, not to interfere with another customer's use and enjoyment of similar SirsiDynix Page 1 of 7 ' File: National City Public Library services and to comply with all regulations, policies and procedures of networks connected to the Subscriptions. SirsiDynix may remove any violating content posted or transmitted on or through the Subscriptions, without notice to Customer. SirsiDynix may suspend or terminate any user's access to the Subscriptions upon notice in the event that SirsiDynix reasonably determines that such user has violated these terms and conditions. 2.3.5 The provision of third party Subscriptions is subject to availability from third party providers and SirsiDynix shall have no liability should such Subscription become unavailable for any reason or is no longer available under reasonable commercial terms. 2.3.6 In the event that Customer is locally hosting Subscription Software, SirsiDynix hereby grants to Customer, subject to the terms and conditions of this Master Agreement including without limitation the restrictions set forth in Section 2.7 and Section 2.9 and timely payment of the applicable fees, a limited, non- exclusive, non -transferable grant of use to locally install and use the Subscription Software solely for Customer's internal business purposes. The grant of use for Subscription Software is not a license and remains in effect only while Customer is timely paying its Subscription fees to SirsiDynix. If Customer fails to timely pay Subscription fees, Customer must immediately discontinue use of and certify to SirsiDynix the removal of Subscription Software. 2.4.1 Services. Services are described in the Quote. SirsiDynix shall be responsible for securing, managing, scheduling, coordinating and supervising SirsiDynix personnel, including its subcontractors, in performing any Services. Any change to the scope of Services must be in writing signed by both parties. Once executed by both parties, a change shall become a part of the Quote. 2.4.2 Customer acknowledges and agrees that SirsiDynix performance is dependent upon the timely and effective satisfaction of Customer's responsibilities hereunder and timely decisions and approvals of Customer in connection with the Services. SirsiDynix shall be entitled to rely on all decisions and approvals of Customer. Customer's data must be provided to SirsiDynix in a format reasonably approved by SirsiDynix or additional charges will apply. Customer shall be responsible for providing secured access to Customer's systems to SirsiDynix. SirsiDynix alone shall decide whether such access is sufficient for the performance of Services. 2.5. Software Maintenance. 2.5.1 Subject to Customer's timely payment of applicable fees, SirsiDynix will provide during the Term Maintenance services for the Software in accordance with the maintenance plan indicated in the Quote, provided however that with respect to Third Party Products, SirsiDynix's obligation to offer Maintenance is limited to using commercially reasonable efforts to obtain Maintenance from the third party owner of such Software. All licenses in Customer's possession must be supported under the same maintenance plan. 2.5.2 Updates are provided if and when available, and SirsiDynix is under no obligation to develop any future programs or functionality. 2.5.3 SirsiDynix is under no obligation to provide Maintenance with respect to: (i) a Product that has been altered or modified by anyone other than SirsiDynix or its licensors; (ii) a release for which Maintenance has been discontinued; (iii) a Product used other than in accordance with the Documentation or other than on the Operating Environment; (iv) discrepancies that do not significantly impair or affect the operation of the Product; or (v) any systems or programs not supplied by SirsiDynix. 2.5.4 For the avoidance of doubt, Updates provided under Maintenance services are subsequent minor or maintenance releases to the standard Products, excluding custom development or customizations whether such customizations are performed by SirsiDynix or by Customer or a third party. SirsiDynix reserves the right to charge Client for any reintegration work required to make customizations compatible with future releases. 2.5.5 If ordered, Maintenance must be ordered for all Software and all associated License Metrics licensed by Customer. Customer may not purchase or renew Maintenance for a subset of its licenses only. 2.5.6 If an Error was corrected or is not present in a more current release of the Product, SirsiDynix shall have no obligation to correct such Errors in prior releases of the Software. 2.5.7 Fees for Maintenance Services do not include implementation, training and other Professional Services. 2.5.8 It is Customer's responsibility to ensure that all appropriate users receive initial training services sufficient to enable Customer to effectively use the Software. Failure to do so could result in additional Maintenance fees if Page 2 of 7 GC#300383 service requests are deemed excessive as a result of insufficient training, at SirsiDynix's discretion.2.5.9 In the event Customer does not renew Maintenance and subsequently desires to reinstate Maintenance, a reinstatement fee shall be assessed equal to 120% of the aggregate Maintenance fee that would have been payable during the period of lapse. 2.5.10 For Software licenses and Subscription Software, Customer is solely responsible for the installation of Updates and agrees to (i) meet the Update standard set forth in the SirsiDynix Support Policies referenced in the definition of Maintenance and (ii) maintain the Operating Environment. With respect to Subscriptions, SirsiDynix is responsible for the implementation of Updates and shall no longer provide access to any previous release upon the date SirsiDynix migrates to a new Update for production use in SirsiDynix's hosted environment. 2.6.1 Hardware and Hardware Maintenance. Title to the Hardware identified in the Quote, if any, shall pass to Customer on SirsiDynix's placement of the Hardware with a common carrier or licensed trucker, which shall constitute delivery to Customer. Thereafter Customer will be responsible for risks of loss or damage, except for loss or damage caused by SirsiDynix in the process of installation. 2.6.2 SirsiDynix does not provide support for Hardware unless Customer purchases any available maintenance associated with such Hardware. Such Hardware maintenance may be provided through a third party and is subject to that third party's standard terms, conditions and warranties, if any. 2.7 License Metrics. Customer may not use the Products in excess of the License Metrics specified in the Quote. Additional License Metrics and associated Maintenance must be purchased at the pricing in effect at the time the additional License Metrics are added in the event actual usage exceeds the licensed quantity, prorated for the remainder of the then -current Term. The additional License Metrics purchased shall terminate on the same date as the pre-existing Products. Prices are based on License Metrics purchased and not actual usage. The number of License Metrics provided in the initial Quote is a minimum amount that Customer has committed to for the Term and there shall be no fee adjustments or refunds for any decreases in usage. 2.8 Reservation of Rights. All rights not expressly granted in the Master Agreement are reserved by SirsiDynix and its third party providers. Customer acknowledges that: (i) all Software is licensed and not sold and all Subscriptions and Content are subscribed to and not sold; (ii) Customer acquires only the right to use the Protected Materials. SirsiDynix and its third party providers retain sole and exclusive ownership and all rights, title, and interest in, including Intellectual Property embodied or associated with, the Protected Materials and all copies and derivative works thereof (whether developed by SirsiDynix, Customer or a third party); and (iii) the Protected Materials, including the source and object codes, logic and structure, constitute valuable trade secrets of SirsiDynix and its third party providers. Customer agrees to secure and protect the Products consistent with the maintenance of SirsiDynix's and its third party providers' rights in the Products, as set forth in this Master Agreement. 2.9 Restrictions. Unless specifically permitted or licensed by SirsiDynix, Customer shall not itself, or through any affiliate, employee, consultant, contractor, agent or other third party: (i) sell, resell, distribute, host, lease, rent, license or sublicense, in whole or in part, the Protected Materials; (ii) decipher, decompile, disassemble, reverse assemble, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architecture, structure or other elements of the Protected Materials, including the license keys, in whole or in part, for competitive purposes or otherwise; (iii) allow access to, provide, divulge or make available the Protected Materials to any user other than Customer's employees and independent contractors who have a need to such access and who shall be bound by a nondisclosure agreement with provisions that are at least as restrictive as the terms of this Master Agreement (except the Customer may grant access to public access catalogs to library users, other libraries, and third party entities); (iv) write or develop any derivative works based upon the Protected Materials; (v) modify, adapt, translate or otherwise make any changes to the Protected Materials or any part thereof; (vi) use the Protected Materials to provide processing services to third wit) SirSiDynix" File: National City Public Library parties, or otherwise use the same on a 'service bureau' basis; (vii) disclose or publish, without SirsiDynix's prior written consent, performance or capacity statistics or the results of any benchmark test performed on the Protected Materials; or (viii) otherwise use or copy the Protected Materials except as expressly permitted herein. 2.10 Customer Data. SirsiDynix disclaims ownership of any and all Customer Data, all bibliographic, authority, item, fine, patron, and other data loaded to, created and/or entered into Customer's database or supplied to SirsiDynix by Customer. Notwithstanding Customer's ownership of Customer Data, at the end of the Term SirsiDynix shall only be obligated to provide to Customer extractable Customer Data at no additional charge in a supported MARC and/or ASCII delimited format. SirsiDynix shall have the right to aggregate and retain non -personally identifiable data. 2.11 License Grant by Customer. Customer grants to SirsiDynix a non- exclusive, royalty -free license, to use equipment, software, Customer Data or other material of Customer solely for the purpose of performing SirsiDynix's obligations under the Master Agreement. 2.12 Enforcement. Customer shall (i) ensure that all users of the Products comply with the terms and conditions of the Master Agreement, (ii) promptly notify SirsiDynix of any actual or suspected violation thereof and (iii) cooperate with SirsiDynix with respect to investigation and enforcement of the Master Agreement. 3. FINANCIAL TERMS 3.1.1 Fees and Payment Terms. The Customer shall pay the amounts set forth in the Quote. Subject to the provisions of the Quote, SirsiDynix may annually increase the fees of Subscription, Subscription Software and/or Maintenance upon 30 days written notice in advance. Invoices become past due 30 days after the invoice date. Interest accrues on past due balances at the higher of 11/2% per month or the highest rate allowed by law. If Customer fails to make payments of any amount due under the Master Agreement, SirsiDynix will be entitled to suspend its performance upon ten (10) days written notice to Customer. 3.1.2 Unless expressly provided otherwise, amounts paid or payable for Software, Subscriptions, Subscription Software and Hardware are not contingent upon the performance of any Services. 3.2 Taxes. Customer agrees to pay any sales tax arising out of the Master Agreement, other than those based on SirsiDynix's net income. If Customer is tax-exempt, Customer agrees to send SirsiDynix a copy of its tax-exempt certificate upon execution of the Master Agreement. Customer agrees to indemnify SirsiDynix from any liability or expense incurred by SirsiDynix as a result of Customer's failure or delay in paying such sales tax due. 3.3 No Contingencies. Customer agrees that its purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written comments made by SirsiDynix regarding future functionality or features. 4. CONFIDENTIALITY 4.1 Non -Disclosure. Each party will protect the other party's Confidential Information from unauthorized dissemination and use the same degree of care that each such party uses to protect its own confidential information, but in no event less than a reasonable amount of care. Neither party will use Confidential Information of the other party for purposes other than those necessary to directly further the purposes of the Master Agreement. Neither party will disclose to third parties Confidential Information without prior written consent of the other party. 4.2 Exceptions. Information shall not be considered Confidential Information to the extent, but only to the extent, that the receiving party can establish that such information (i) is or becomes generally known or available to the public through no fault of the receiving party; (ii) was in the receiving party's possession before receipt from the disclosing party; (iii) is lawfully obtained from a third party who has the right to make such disclosure on a non -confidential basis; (iv) has been independently developed by one party without reference to any Confidential Information of the other; (v) is information aggregated by SirsiDynix that no longer contains any personally identifiable information; or (vi) is required to be disclosed by Page 3 of 7 GC#300383 law provided the receiving party has promptly notified the disclosing party of such requirement and allowed the disclosing party a reasonable time to oppose such requirement. The parties acknowledge that Customer may be subject to freedom of information legislation and further acknowledges that such legislation may take precedence over the confidentiality provisions of this section as they apply to Customer. 5. PRIVACY Customer represents and warrants that before providing personally identifiable information to SirsiDynix or its agents, it will comply with any laws applicable to the disclosure of personally identifiable information, including providing notices to or obtaining permission from third parties to allow sharing of their personally identifiable information with SirsiDynix under the Master Agreement. Customer will indemnify SirsiDynix for any breach of this representation and warranty. No personally identifiable information will be disseminated by SirsiDynix to any third parties, except as consented to by Customer or required by law. 6. INDEMNIFICATION 6.1.1 By SirsiDynix. SirsiDynix will defend or settle, at its option and expense, any action, suit or proceeding brought against Customer that the SirsiDynix Software (excluding Content and Third Party Products) infringe a third party's USA patent, registered copyright, or registered trademark ("Claim"). SirsiDynix will indemnify Customer against all damages and costs finally awarded which are attributable exclusively to such Claim, provided that Customer: (i) promptly gives written notice of the claim to SirsiDynix; (ii) gives SirsiDynix sole control of the defense and settlement of the Claim; (iii) provides SirsiDynix, at SirsiDynix's expense, with all available information and assistance relating to the Claim and cooperates with SirsiDynix and its counsel; (iv) does not compromise or settle such Claim; and (v) is not in material breach of any agreement with SirsiDynix. 6.1.2 SirsiDynix has no obligation to the extent any Claim results from: (i) Customer having modified the SirsiDynix Software or used a release other than the most current unaltered release of the SirsiDynix Software, if such an infringement would have been avoided by the use of such current unaltered release, (ii) Third Party Products and/or Content, or (iii) the combination, operation or use of the SirsiDynix Software with software or data not provided by SirsiDynix. 6.1.3 If it is adjudicated that the use of the SirsiDynix Software in accordance with the Master Agreement infringes any USA patent, registered copyright, or registered trademark, SirsiDynix shall, at its option: (i) procure for Customer the right to continue using the infringing SirsiDynix Software; (ii) replace or modify the same so it becomes non -infringing; or (iii) Customer will be entitled to an equitable adjustment in the fees paid for the affected SirsiDynix Software. THIS SECTION STATES SIRSIDYNIX'S ENTIRE OBLIGATION TO CUSTOMER AND CUSTOMER'S SOLE REMEDY FOR ANY CLAIM OF INFRINGEMENT. 6.2 By Customer. To the extent allowed by law, Customer shall defend or settle, at its option and expense, any action, suit or proceeding brought against SirsiDynix by a third party arising out of or in connection with: (i) any claim that Customer Data infringes on the intellectual property rights of a third party; (ii) any claim by a Customer user or (iii) any claim that Customer or a Customer's user is using the Product in a manner that violates the provisions of the Master Agreement. Customer's obligations under this section are contingent upon: (a) SirsiDynix providing Customer with prompt written notice of such claim; (b) SirsiDynix providing reasonable cooperation to Customer, at Customer's expense, in the defense and settlement of such claim; and (c) Customer having sole authority to defend or settle such claim. 7. WARRANTIES; REMEDIES; DISCLAIMERS 7.1 SirsiDynix Software. SirsiDynix warrants that, for a period of 90 days from the Go Live Date, the SirsiDynix Software, as updated by SirsiDynix and used in accordance with the Documentation and in the Operating Environment, will operate in all material respects in conformity with the Documentation. If SirsiDynix Software does not perform as warranted, SirsiDynix shall use commercially reasonable efforts to correct Errors. As Customer's exclusive remedy for any claim under this warranty, Customer shall promptly notify 41/ SirsiDynix File: National City Public Library SirsiDynix in writing of its claim. Provided that such claim is reasonably determined by SirsiDynix to be SirsiDynix's responsibility, SirsiDynix shall, within ninety (90) days of its receipt of Customer's written notice; (i) correct such Error; (ii) provide Customer with a plan reasonably acceptable to Customer for correcting the Error; or (iii) if neither (i) nor (ii) can be accomplished with reasonable commercial efforts from SirsiDynix, then SirsiDynix or Customer may terminate the affected SirsiDynix Software license and Customer will be entitled to an equitable adjustment in the fees paid for the affected SirsiDynix Software at SirsiDynix's discretion. The preceding warranty cure shall constitute SirsiDynix's entire liability and Customer's exclusive remedy for cure of the warranty set forth herein. 7.2 SirsiDynix Subscriptions. SirsiDynix warrants that Subscriptions, as used in accordance with the Documentation, will operate in all material respects in conformity with the Documentation. 7.3 Exclusions. SirsiDynix is not responsible for any claimed breach of any warranty caused by: (i) modifications made to the SirsiDynix Software by anyone other than SirsiDynix; (ii) the combination, operation or use of the SirsiDynix Software with any items that are not part of the Operating Environment; (iii) Customer's failure to use any new or corrected releases of the SirsiDynix Software made available by SirsiDynix; (iv) SirsiDynix's adherence to Customer's specifications or instructions; or (v) Customer deviating from the operating procedures described in the Documentation. 7.4 Third Party Products. SirsiDynix warrants that it is an authorized distributor of the Third Party Product and that with the execution of this Master Agreement and the applicable EULA, Customer will have the right to use such Product in accordance with the terms and conditions of the terms of this Master Agreement and the applicable EULA. SIRSIDYNIX MAKES NO OTHER WARRANTY WITH RESPECT TO ANY THIRD PARTY PRODUCTS. CUSTOMER'S SOLE REMEDY WITH RESPECT TO SUCH THIRD PARTY PRODUCTS SHALL BE PURSUANT TO THE ORIGINAL LICENSOR'S WARRANTY, IF ANY, TO SIRSIDYNIX, TO THE EXTENT PERMITTED BY THE ORIGINAL LICENSOR. THIRD PARTY PRODUCTS ARE MADE AVAILABLE BY SIRSIDYNIX ON AN "AS IS, AS AVAILABLE" BASIS. 7.5 Hardware. SirsiDynix warrants that it is an authorized distributor of the Hardware. Hardware warranties shall be governed by the manufacturer's warranty. SIRSIDYNIX MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO HARDWARE OR HARDWARE MAINTENANCE. CUSTOMER'S SOLE REMEDY WITH RESPECT TO SUCH HARDWARE OR HARDWARE MAINTENANCE SHALL BE PURSUANT TO THE MANUFACTURER'S WARRANTY, IF ANY. 7.6 Disclaimers. THE WARRANTIES SET FORTH IN THIS MASTER AGREEMENT ARE IN LIEU OF, AND SIRSIDYNIX, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, (i) ANY WARRANTY THAT ANY PRODUCT IS ERROR -FREE OR WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL ERRORS WILL BE CORRECTED; (ii) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON -INFRINGEMENT, (iii) ANY WARRANTY THAT CONTENT OR THIRD PARTY PRODUCTS WILL BE ACCURATE, RELIABLE AND ERROR - FREE AND (iv) ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO ADVICE, STATEMENT OR INFORMATION GIVEN BY SIRSIDYNIX, ITS AFFILIATES, CONTRACTORS OR EMPLOYEES SHALL CREATE OR CHANGE ANY WARRANTY PROVIDED HEREIN. CUSTOMER ACKNOWLEDGES THAT USE OF OR CONNECTION TO THE INTERNET PROVIDES THE OPPORTUNITY FOR UNAUTHORIZED THIRD PARTIES TO CIRCUMVENT SECURITY PRECAUTIONS AND ILLEGALLY GAIN ACCESS TO THE SERVICES AND CUSTOMER DATA AND THAT NO FORM OF ENCRYPTION IS FOOL PROOF. ACCORDINGLY, SIRSIDYNIX CANNOT AND DOES NOT GUARANTEE THE PRIVACY, SECURITY OR AUTHENTICITY OF ANY INFORMATION SO TRANSMITTED OVER OR STORED IN ANY SYSTEM CONNECTED TO THE INTERNET. Page4of7 GC#300383 8. EXCLUSION AND LIMITATION OF LIABILITY 8.1 TO THE FULLEST EXTENT PERMITTED BY LAW, SIRSIDYNIX'S TOTAL LIABILITY (INCLUDING ATTORNEYS FEES AWARDED UNDER THE MASTER AGREEMENT) TO CUSTOMER FOR ANY CLAIM BY CUSTOMER OR ANY THIRD PARTIES UNDER THE MASTER AGREEMENT, EXCLUDING LIABILITY PURSUANT TO SECTION 6 (Indemnification), WILL BE LIMITED TO THE FEES PAID BY CUSTOMER DURING THE PREVIOUS 12 MONTHS FOR THE PRODUCT WHICH IS THE SUBJECT MATTER OF THE CLAIM. 8.2 IN NO EVENT WILL SIRSIDYNIX BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY PUNITIVE, TREBLE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, STAFF TIME, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT SIRSIDYNIX HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.3 NO CLAIM ARISING OUT OF THE MASTER AGREEMENT, REGARDLESS OF FORM, MAY BE BROUGHT BY CUSTOMER MORE THAN TWO YEARS AFTER THE CAUSE OF ACTION ARISES. 9. TERM AND TERMINATION 9.1 Term of Master Agreement. Subject to Section 10.12 below, the term of this Master Agreement shall commence on the Effective Date and shall continue in full force and effect for one year from the Effective Date, unless otherwise terminated earlier as provided hereunder. The Term of this Master Agreement may be renewed and continue in full force and effect as specified hereunder. 9.2 Product and Services Term. The respective initial term of Software Maintenance, Hardware Maintenance, Subscriptions, and Subscription Software as applicable, is specified in the Quote ("Initial Term"). The initial one-year term as specified in Section 9.1 of this Master Agreement ("Initial Term") shall automatically renew for six (6) consecutive one-year terms as set forth, and for the amounts set forth, in the Quote unless either party gives written notice 60 days prior to the end of any previous one-year term of its intention to terminate the Agreement. The Initial Term and renewal terms are referred to as the "Term". 9.3.1 Termination. Either party may terminate the Master Agreement immediately upon written notice if the other party commits a non -remediable material breach of the Master Agreement, or if the other party fails to cure any remediable material breach or provide a written plan of cure acceptable to the non -breaching party within 30 days of being notified in writing of such breach. Where the non -breaching party has a right to terminate the Master Agreement, the non -breaching party may at its discretion terminate the Master Agreement or the applicable Quote. Quotes that are not terminated shall continue in full force and effect under the terms of this Master Agreement 9.3.2 Following termination of the Master Agreement, Customer agrees to certify that it has returned or destroyed all copies of the applicable Product and Confidential Information and acknowledges that its rights to use the same are relinquished. 9.3.3 Fees. Customer acknowledges that, based on Customer's willingness to purchase Products for the Term, SirsiDynix has provided Customer with Products and Services at rates that represent a substantial discount from the rates that SirsiDynix would otherwise charge, along with certain other free or substantially discounted products or services. Customer therefore agrees that it is reasonable for Customer to pay a fee to SirsiDynix in the event of early termination for any reason, which becomes effective upon any date prior to the end of the last year of the Initial Term or prior to the end of any renewal term. Such fee shall be equal to 50% of the remaining value of the then -current Term of the Products or Services, as applicable. Customer agrees that damages suffered by SirsiDynix in the event of such early termination are difficult or impossible to determine and that the above amount is intended to be a reasonable approximation of such damages and not a penalty. Customer agrees that it will pay such amounts within thirty (30) days of any such early termination. Customer shall notify SirsiDynix in writing of its intent to terminate not less than sixty (60) days SirSiDynil File: National City Public Library prior to the date of termination and Customer shall not be eligible for any pro-rata credit or refund for unused partial year fees paid. 9.3.4 Non - Appropriation of Funds. If for any given fiscal year the library loses all funding, the Master Agreement will be suspended at no penalty to Customer, upon SirsiDynix's receipt of written notice sixty (60) days prior to said suspension. Such notice will not relieve Customer of payments then owing. Customer shall not purchase similar materials, supplies, services, or items of equipment during the anticipated life of the terminated Master Agreement without notification to SirsiDynix and reinstatement of the terminated Master Agreement. 9.4. Suspension. SirsiDynix will be entitled to suspend any or at performance upon 10 days written notice to Customer in the event Customer is in breach of the Master Agreement. Further, SirsiDynix may suspend Customer's use of and access to all or a portion of the Subscriptions if, and so long as, in SirsiDynix's sole judgment, there is a security risk created by Customer that may interfere with the proper continued provision of services or the operation of SirsiDynix's network or systems. SirsiDynix may impose an additional charge to reinstate service following such suspension. 10. GENERAL PROVISIONS 10.1 Force Majeure. The parties will exercise every reasonable effort to meet their respective obligations hereunder but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control, including but not limited to power outages or failure of third party service providers. This provision does not relieve Customer of its obligation to make payments then owing. 10.2 Assignment. SirsiDynix may assign the Master Agreement and all of its rights and obligations herein without Customer's approval to its parent company or other affiliated company, to a successor by operation of law, or by reason of the sale or transfer of all or substantially all of its stock or assets to another entity. Neither party may otherwise assign or transfer the Master Agreement without the prior written consent of the other party, which shall not be unreasonably withheld. Notwithstanding the above, SirsiDynix may fulfill its obligations hereunder through its affiliated companies. 10.3 Cooperation. Customer agrees to provide cooperation, which means assistance, information, equipment, data, a suitable work environment, timely access, and resources reasonably necessary to enable SirsiDynix to perform any and all installation, implementation, and services required to fulfill its obligations hereunder including but not limited to ensuring SirsiDynix has remote access. Failure to grant such cooperation shall allow SirsiDynix to deem the Product purchased by Customer to be fully accepted and delivered. In the event any delay in implementing Products is caused by Customer resulting in SirsiDynix incurring additional expenses, the Customer shall pay to SirsiDynix the amount of such additional expenses. 10.4 Delegation. SirsiDynix may subcontract or delegate any work under any Quote to any third party without Customer's prior written consent, provided however that SirsiDynix shall remain responsible for the performance of any such subcontractors. 10.5 Notice of U.S. Government Restricted Rights. If the Customer hereunder is the U.S. Government, or if the Software is acquired hereunder on behalf of the US Government with U.S. Government federal funding, notice is hereby given that the Software is commercial computer software and documentation developed exclusively at private expense and is furnished as follows: "U.S. GOVERNMENT RESTRICTED RIGHTS. Software delivered subject to the FAR 52.227-19. All use, duplication and disclosure of the Software by or on behalf of the U.S. Government shall be subject to this Master Agreement and the restrictions contained in subsection (c) of FAR 52.227-19, Commercial Computer Software - Restricted Rights (June 1987)". 10.6 Export. Customer shall comply fully with all relevant export laws and regulations of the United States to ensure that the Software is not exported, directly or indirectly, in violation of United States law. 10.7 Non -solicitation. During the term of this Master Agreement and for a period of one year following its termination, neither party will solicit for Page5of7 GC#300383 employment directly or through other parties, without the other party's written permission, any individual employed by the other party, provided however that the hiring of individuals responding to general public marketing and recruiting advertisements and events shall not be a violation of this provision; only active, targeted solicitation is prohibited. 10.8 Compliance. During the term of this Master Agreement and for a period of one year following its termination, SirsiDynix shall have the right to verify Customer's full compliance with the terms and requirements of the Master Agreement. If such verification process reveals any noncompliance by Customer, Customer shall reimburse SirsiDynix for the reasonable costs and expenses of such verification process incurred by SirsiDynix (including but not limited to reasonable attorneys' fees) , and Customer shall promptly cure any such noncompliance; provided, however, that the obligations under this section do not constitute a waiver of SirsiDynix's termination rights and do not affect SirsiDynix's right to payment for Products and interest fees related to usage in excess of the License Metrics. 10.9 Notices. Any notice required or permitted to be sent under the Master Agreement shall be delivered by hand, by overnight courier, by email to SirsiDynix at legal a,sirsidynix.com, or by email to Customer at any current Customer email address routinely used by SirsiDynix, or by registered mail, retum receipt requested, to the address of the parties set forth in the Master Agreement or to such other address of the parties designated in writing in accordance with this subsection. 10.10 Relationship. The Master Agreement is not intended to create a partnership, franchise, joint venture, agency, or a fiduciary or employment relationship. Neither party may bind the other party or act in a manner which expresses or implies a relationship other than that of independent contractor. 10.11 Invalidity. If any provision of the Master Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 10.12 Survival. The following provisions will survive any termination or expiration of the Master Agreement: sections 1, 2.7, 2.8, 2.10, 2.12, 3, 4, 5, 6, 7, 8, 9, and 10. 10.13 No Waiver. Any waiver of the provisions of the Master Agreement or of a party's rights or remedies under the Master Agreement must be in writing to be effective. Any such waiver shall constitute a waiver only with respect to the specific matter described in such writing and shall in no way impair the rights of the party granting such waiver in any other respect or at any other time. The waiver by either of the parties hereto of a breach or of a default under any of the provisions of the Master Agreement shall not be construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such provisions, rights or privileges hereunder. The rights and remedies herein provided are cumulative and none is exclusive of any other, or of any rights or remedies that any party may otherwise have at law or in equity. Failure, neglect, or delay by a party to enforce the provisions of the Master Agreement or its rights or remedies at any time, shall not be construed and shall not be deemed to be a waiver of such party's rights under the Master Agreement and shall not in any way affect the validity of the whole or any part of the Master Agreement or prejudice such party's right to take subsequent action. 10.14 Entire Agreement. The Master Agreement constitutes the parties' entire agreement relating to its subject matter. It cancels and supersedes all prior or contemporaneous oral or written communications, requests for proposals, proposals, conditions, representations, and warranties, or other communication between the parties relating to its subject matter as well as any prior contractual agreements between the parties. Notwithstanding the precedence of this Master Agreement, any existing Customer License Metrics shall continue unless new License Metrics are identified in a Quote. No modification to the Master Agreement will be binding unless in writing and signed by an authorized representative of each party. 10.15 Third Party Beneficiaries. All rights and benefits afforded to SirsiDynix under the Master Agreement shall apply equally to the owner of the Third Party Products with respect to the Third Party Products, and such 03) SirsiDynix" File: National City Public Library third party is an intended third party beneficiary of the Master Agreement, with respect to the Third Party Products. 10.16 Governing Law and Venue. The Master Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to its principles of conflict of laws. Any dispute shall be litigated in the state or federal courts located in California to whose exclusive jurisdiction the parties hereby consent. In addition, the parties hereby waive any objection they may have based upon lack of personal jurisdiction, improper venue and/or "forum non conveniens". 10.17 Application of Laws. The parties agree that this contract is not a contract for the sale of goods; therefore, the Master Agreement shall not be governed by any codification of Article 2 or 2A of the Uniform Commercial Code, or any codification of the Uniform Computer Information Technology GC#300383 Act ("UCITA"), or any references to the United National Convention on Contracts for the International Sale of Goods. 10.18 Counterparts. The Master Agreement and each Schedule may be executed in one or more counterparts, each of which shall constitute an enforceable original of the Master Agreement, and that facsimile, electronic and/or .pdf scanned copies of signatures shall be as effective and binding as original signatures. 10.19 Headings and Drafting. The headings in the Master Agreement shall not be used to construe or interpret the Master Agreement. The Master Agreement shall not be construed in favor of or against a party based on the originator of the document. 10.20 Attorney's Fees. In the event a party seeks and obtains a remedy in the courts for its rights under this Master Agreement, the prevailing party in such litigation shall be entitled to its reasonable attorney's fees and cost. ************************************************************ END OF MASTER AGREEMENT City of National City 1243 National City Blvd. National City, California 91950-3314 Sirsi Corporation SirsiDynix Technology Centre 3300 N. Ashton Blvd. —Suite 500 Lehi, UT 84043 By: By: Ron Morrison, Mayor (Name) W\\1\--M'r\ t A/tSAY\) f- (Print) c-'eD (Title) APPROVED AS TO FORM: By:. "°,1 (Name) J 01A V\ 1" p �oiriV\ Claudia Gacitua Silva City Attorney (Print) V P 4 Fivn c-2 (Title) Date: Date: 1•10\).Q/y✓V' '3 4 2A) 11 Page6of7 SirsiDynix- File: National City Public Library Exhibit A - DEFINITIONS "Circulation" means the checkout of a Library Item to a patron, the checkout of a Library Item for the purpose of tracking in -library usage, the renewal of a Library Item, or an action functionally identical to any of the preceding acts. "Confidential Information" means information of SirsiDynix and/or its licensors includes but is not limited to all trade secrets, software, source code, object code, specifications, as well as results of testing and benchmarking of the Software or other services, product roadmap, data and other information of SirsiDynix and its licensors relating to or embodied in the Software or Documentation, including but not limited to information designated as confidential in writing or information which ought to be in good faith considered confidential and proprietary to the disclosing party. SirsiDynix's placement of a copyright notice on any portion of any Software will not be construed to mean that such portion has been published and will not derogate from any claim that such portion contains proprietary and confidential information of SirsiDynix. Confidential Information does not include that the Customer uses SirsiDynix Products. "Content" means any information, data, text, software, music, sound, photographs, graphics, video messages or other material which Customer receives through a Subscription. "Customer Data" means any electronic data, information or material provided or submitted by Customer (including the Customer's patrons and users) to SirsiDynix through a Subscription or Services, or which Customer (including the Customer's patrons and users) enters into the Subscription or Services or has entered on its behalf, or which SirsiDynix is otherwise given access to under the Master Agreement. Customer Data does not include non -personally identifiable information aggregated by SirsiDynix. "Documentation" means the user instructions, release notes, manuals and on-line help files made available by SirsiDynix regarding the use of the applicable Product. "Effective Date" is defined in section 1.1. "Error" means a material failure of a Product to conform to its functional specifications described in the Documentation. "EULA" means the end user license agreement that accompanies the Third Party Product, which governs the use of or access by Customer to the applicable Third Party Product. "Go Live Date" means the date on which the Products are substantially ready for operational use for normal daily business. "Hardware" means the physical hardware and equipment manufactured by third party providers and sold to Customers by SirsiDynix. "Intellectual Property" means any and all intellectual property rights, recognized in any country or jurisdiction in the world, now or hereafter existing, and whether or not perfected, filed or recorded, including without limitation inventions, technology, patents rights (including patent applications and disclosures), copyrights, trade secrets, trademarks, service marks, trade dress, methodologies, procedures, processes, know-how, tools, utilities, techniques, various concepts, ideas, methods, models, templates, software, source code, algorithms, the generalized features of the structure, sequence and organization of software, user interfaces and screen designs, general purpose consulting and software tools, utilities and routines, and logic, coherence and methods of operation of systems, training methodology and materials, which SirsiDynix has created, acquired or otherwise has rights in, and may, in connection with the performance of obligations hereunder, create, employ, provide, modify, create, acquire or otherwise obtain rights in. "Internal Business Purposes" means Customer's internal use but does not include (1) sharing Confidential Information or Intellectual Property with third parties without SirsiDynix written consent or (2) integration of third party Page 7 of 7 GC#300383 products by any means into Software, Subscriptions or Subscription Software without additional SirsiDynix license. "License Metrics" means limits on Product usage as set forth in the Quote such as Titles, Circulation, Users, students, seats, and reports. "Maintenance" means the technical support and, with respect to Software, the provision of Updates for the level of support services purchased from SirsiDynix, all of which are provided under SirsiDynix's support policies in effect at the time the Services are provided, which may be modified from time -to -time by SirsiDynix in its sole discretion. A current version of such Support Policies can be found under "SirsiDynix Support Policies" (Document ID 125773) at http://support.sirsidynix.com. "Operating Environment" means SirsiDynix-recommended hardware, operating system, middleware, database products and other software on which the Software will operate. "Professional Services" means data conversion, implementation, site planning, configuration, integration and deployment of the Software or Subscriptions, training, project management and other consulting services. "Products" means Software, Subscriptions, Subscription Software, Services and Hardware. "Protected Materials" means Software and work product provided by SirsiDynix under Services, Subscriptions, Subscription Software and SirsiDynix's or its licensors' Intellectual Property and Confidential Information. "Quote" is defined in Section 1.3. "Services" means those services provided or arranged by SirsiDynix including but not limited to specific SirsiDynix Products such as (i) Professional Services; and (ii) that part of Maintenance that is technical support, excluding the provision of Updates. "SirsiDynix Software" means each SirsiDynix-developed and/or SirsiDynix-owned software product in machine-readable object code (not source code), the Documentation for such product, and any Updates thereto. "Software" means the SirsiDynix Software and Third Party Software. "Subscriptions" means the provision of access by SirsiDynix or its hosting providers to Software and/or Content from a server farm that is comprised of application, data and remote access servers, including associated offline components including but not limited to cloud services and web access to Content. "Subscription Software" means Subscriptions hosted by Customer. Customer does not have a license in Subscription Software. "Term" is defined in section 9.2. "Titles" means the number of unique records for an electronic, virtual, and/or physical item which may be used by a library patron, such as a bibliographic, MARC, visual material, serial or Dublin Core record, created on the Software or Subscription. Multiple items, representing either identical items or volumes in a set, may be included in a single Title. "Third Party Products" means software or content including documentation and updates if any, owned by an entity other than SirsiDynix and provided by SirsiDynix in connection with Products. "Updates" means the error corrections, releases, updates, modifications or enhancements subsequently developed that SirsiDynix makes generally available to its customers as part of Maintenance on a when and if available basis. Updates exclude new products, modules, platform or functionality for which SirsiDynix charges a separate fee. "Users" means Customer's employees or agents who have been issued user names and passwords by Customer to use the Products. Each such User shall be one person, and user names and passwords cannot be shared or used by more than one person. SirsiDynix' SirsiDynix' Quote 61665 for: City of National City Cloud Migration Prepared by: Jim Schwieters Regional Sales Manager -West SirsiDynix Quote Date: October 23, 2014 Quote Valid Until: February 28, 2015 Quote for City of National City Reference number 61665 Quote Information General Your Enriched Content will continue unchanged and is not recorded in this quote. In 2014-15 the Enriched Content cost is $1,406.23. Page 2 of 10 SirsiDynix° Quote for City of National City Reference number 61665 Purchase Details Component Horizon SaaS subscription Services Remote Patron Authentication Discount Total All prices are in U.S. dollars ($) and are exclusive of taxes unless otherwise noted. Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 24,910 19,930 20,300 20,690 21,090 21,480 21,890 9,050 - 2,430 1,430 1,460 1,480 1,510 1,540 1,570 ( 5,804.26 ) - - - 30,585.74 21,360 21,760 22,170 22,600 23,020 23,460 Initial Term of Maintenance and SaaS Services: One (1) Year, with Six (6) One -Year Renewal Options Initial Term Annual Price Increase Cap for SirsiDynix 1.9% annual price increase cap until Term renewal Products/Services: Customer's usage is subject to limitations that can be found in the Terms and Conditions section at the end of the Quote. The above price increase cap covers all Customer's active Products. However, SirsiDynix reserves the right to adjust Initial Term pricing for Third Party/integrated products/services if a Third Party vendor increases pricing for Third Party/integrated products/services by more than 10% in a given calendar year. Any applicable discount shall be applied on final payment. Any and all pre-printed terms and conditions on Customer's Purchase Order(s) submitted to SirsiDynix are hereby rejected and shall be superseded by the current Master Agreement, unless such additional terms are statutorily required of the Customer. This Purchase Details section may not include pre-existing obligations for ongoing Products not listed in the Quote. Page 3 of 10 SirsiDynix" Quote for City of National City Reference number 61665 Detailed Pricing All prices are in U.S. dollars ($) and are exclusive of taxes unless otherwise noted. Component Price Horizon SaaS subscription Horizon SaaS Cataloging Circulation Public Access Z39.50 server Authority control Backup circulation Reports Horizon SaaS SIP2 Interface Per Certified Vendor SaaS User Level - 25 Staff seats BLUEcloud Analytics, Annual Subscription Total Horizon SaaS subscription 20,410 Included Included Included Included Included Included Included 410 Included 4,090 24,910 Services Installation Training Total Services Remote Patron Authentication 8,330 720 9,050 SaaS Remote Patron Authentication (RPA) 1,430 Installation and Training 1,000 Total Remote Patron Authentication 2,430 Discount Customer Loyalty Discount Web Reporter/Director's Station Credit Total Discount ( 4,980 ) ( 824.26 ) ( 5,804.26 ) QUOTE TOTAL 30,585.74 This quote is hereby fully incorporated into the Master Agreement and Schedules SirsiDynix Copyright 2014 — All Rights Reserved. Page 4 of 10 Si!o Quote for City of National City Reference number 61665 Component Descriptions Horizon SaaS subscription Horizon SaaS Horizon SaaS SIP2 Interface Per Certified Vendor SirsiDynix Certified Solutions Providers offer SIP2-certified products to our customers. We certify that their products are compliant. This interface is priced per vendor. SaaS User Level - 25 Staff seats BLUEcloud Analytics, Annual Subscription Minimum requirements: Symphony 3.3.1 or Horizon 7.3.3. BLUEcloud Analytics provides a web -based, cloud -hosted suite of data -mining and OLAP tools with the following functionality: • Unique view of data warehouse for analysis of your institution, collections, and users • Supports advanced and predictive analysis to establish trends and patterns • Presentations for effectively communicating to boards and administrators • Drill anywhere capabilities, users can view summary -to -detail -level data • Robust security, flexible information distribution/collaboration, and easy self-service analysis • Ability to print, download, and e-mail data and graphs in a variety of formats (Microsoft Excel® and PowerPoint®) Services Installation: Product Delivery SIP2 Additional Port Configuration Configuration of additional port for SIP2. BLUEcloud Analytics Installation Horizon Platform Migration to Horizon SaaS (MSSQL) Migration includes creation of database in the Horizon SaaS and migration of data as it exists in current Horizon database. Customer must currently be running Microsoft SQL Server. Horizon Information Portal Migration to Horizon SaaS Migration includes installation of Horizon/Dynix Information Portal software and migration of portal database, xsl, images and logos. We migrate HIP configuration as done through the HIP admin tools. Any work outside of the HIP admin tool is considered custom and not guaranteed to work after the migration to SAAS. We will give a Page 5 of 10 SirsiDynii Quote for City of National City Reference number 61665 Component Descriptions best effort policy in trying to make these work. Horizon/Dynix Information Portal Platform Migration (remote) Migration includes installation of Horizon/Dynix Information Portal software and migration of existing Horizon Information Portal database. Each server must be the same operating system platform. (i.e. Windows, Solaris, etc) Project Management Core Module Add On (Tier 2) Tier 2 Project Management Services for the implementation of new/additional modules either during an ILS Migration or as a standalone add on order for a current customer, including: Acquisitions, Homebound, Inventory, Media Scheduling, Reserves, Serials, SIP/NCIP, Classified Accountability, Language Pack, Materials Booking, 9xx Interface, SmartPort, EDI, Reference Librarian, Languages, PocketCirc, Outreach, VIP, SchoolRooms Add'I Licenses, Web Reporter Add'' Licenses. Project Management - BLUEcloud Analytics Project Management Services for the implementation of BLUEcloud Analytics. Horizon Platform Migration Project Management Service for a Horizon Same OS and Same Database Platform Migration. Project Management Service includes a project management resource who will do the following during the standard, active implementation period of the project: act as the primary SirsiDynix Contact; hold weekly progress calls (as needed) with the customer; coordinate SirsiDynix resources; and transition the customer to client care once the new platform has been implemented. Non-ILS Platform Migration Project Management Service for OPAC,WebReporter, SIP, TM3, Director's Station, or other non-ILS Platform Migration, (if included as part of a regular priced Standard platform migration or a regular priced non-ILS platform migration). Project Management Service includes a project management resource who will do the following during the standard, active implementation period of the project: act as the primary SirsiDynix Contact; hold weekly progress calls (as needed) with the customer; coordinate SirsiDynix resources; and transition the customer to Client Care once the new platform has been implemented. Training: BLUEcloud Analytics - Admin Training. Private Eight seats in a private distance instructor -led course for BLUEcloud Analytics Admin. Page 6 of 10 SirsiDynil Quote for City of National City Reference number 61665 Component Descriptions BLUEcloud Analytics - Reports Training. Private Eight seats in a private distance instructor -led course for BLUEcloud Analytics Reports. Remote Patron Authentication SaaS Remote Patron Authentication (RPA) RPA Platform Migration to SaaS (remote] Migration includes creation of an RPA service instance in the SaaS environment and migration of data as it exists in current RPA database. Page 7 of 10 SirsiDynix' Quote for City of National City Reference number 61665 Terms and Conditions Other Terms Current Contract License Limits: SirsiDynix SaaS Services are based upon annual circulation and Staff Users. You may use the SaaS Services for up to 340,000 annually circulated items and up to 25 Staff Users; an increase in either circulation or Staff Users requires additional licensing fees. SIP2 is based upon certified vendors. You are authorized for 1 certified vendors; an increase in the number of certified vendors requires additional fees. "Go Live Date" means, with respect to the SirsiDynix Software license orders, the date on which the SirsiDynix Software is available for operational use for normal daily business, including searching the public access catalog and circulating materials. Maintenance must be ordered for all copies of the Software and for all elements of the Software which are used conjunctively by Customer. Customer's System shall remain within two (2) previously released software versions of the most recent version of the software at all times or an additional maintenance surcharge service charge will be added to the maintenance renewal. Customer shall not integrate products offered by third parties into Software, Subscriptions or Subscription Software without additional license from SirsiDynix. SirsiDynix shall have the right to aggregate and retain non -personally identifiable data. Payment Terms The term of any quoted products is for no less than one (1) year, with six (6) one-year renewal options and shall automatically renew for the length of the Initial Term. Subsequent years' Support, Maintenance and Subscription fees are to be paid annually in advance. Following the first year of System operation, Maintenance and Subscription fees will be subject to annual increases. Any discounts that may be listed on this quote will be applied to the final invoice. Unless otherwisespecifically stated in writing, products and/or services purchased at promotional prices or with promotional discounts do not qualify for such discounts or limitations on price increases for subsequent years. SirsiDynix Software license fees • 100% due upon installation of client SirsiDynix Software on Customer's system Subscriptions fees • 100% SirsiDynix Enterprise Subscription and Subscription Software fees are due upon contract signing and will be invoiced immediately. The annual subscription initial use and anniversary date is the Effective Date of the contract • 100% of first year's Subscription(s) (excluding SirsiDynix Enterprise Subscription and Subscription Software fees) due at installation Maintenance fees • 100% of first year's Maintenance due at installation of Software Services/Training • 50% due upon completion of first data test load, where a test load is part of the services • 100% of the remainder due upon completion of services/training SaaS Migration • 100% of total for Services and first year Subscription fees due on date of initial live use of SaaS Services. Payment/Invoices while Migrating to the Cloud/SaaS - During the transition from a locally hosted system to a Page 8 of 10 SirsiDynix Quote for City of National City Reference number 61665 Terms and Conditions Cloud/SaaS services, annual Maintenance for the locally hosted system must be timely paid for the entire invoiced period to avoid interruption in receiving support and updates. Once your Cloud/SaaS services "Go Live," SirsiDynix will issue a pro rata credit for the unused portion of the previously paid Maintenance to be used against future billings. Any reference to license metrics and/or licensed amounts included in this quote shall be applicable only to the Products and/or services mentioned in this quote. This document and any software or professional services associated with this document are hereby fully incorporated into the current Agreement executed between SirsiDynix and Customer. If there is no current agreement between the parties, the terms and conditions of the current SirsiDynix Master Software License and Services Agreement shall be deemed the controlling Agreement between the parties, a copy of which shall be furnished upon Customer's request. Any and all pre-printed terms and conditions on Customer's Purchase Order(s) submitted to SirsiDynix are hereby rejected and shall be superseded by the current Agreement, unless such additional terms are statutorily required of the Customer. In the event of a conflict, the terms, payment terms, discounts, product lists and/or statement of work contained within this document shall take precedence over the current Agreement between the parties. In the event Customer desires or requires updated terms and conditions for the continuing business relationship with SirsiDynix, please contact your regional Sales Representative. Page 9 of 10 @ SirsiDynix* Quote for City of National City Reference number 61665 Terms and Conditions Customer Signature: Sirsi Corporation City of National City By: By: (Ron Morrison, Mayor) (Bill Davison Name: (Printed) Name: 1/\MV. airv\ (Printed) APPROVED AS TO FORM: Job Title: COO By: Claudia Gacitua Silva (John Martin) City Attorney Name: J ph n t vrhY (Printed) Job Title: VP ok—'F1Yr c Page 10 of 10 SirsiDynix° RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE COUNCIL TO WAIVE THE FORMAL BID PROCESS PURSUANT TO SECTION 2.60.110(B)(2) OF THE NATIONAL CITY MUNICIPAL CODE AND AUTHORIZING THE MAYOR TO EXECUTE A ONE-YEAR AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SIRSIDYNIX IN THE AMOUNT OF $30,585.74, WITH SIX ONE-YEAR AUTOMATIC RENEWALS WITH THE ABILITY TO OPT -OUT, FOR A TOTAL SEVEN-YEAR TERM NOT TO EXCEED $164,955.74 TO UPGRADE THE NATIONAL CITY LIBRARY'S INTEGRATED LIBRARY SYSTEM TO A CLOUD HOSTED SOLUTION WHEREAS, SirsiDynix Horizon is the Integrated Library System ("ILS") used for various functions at the National City Public Library, such as cataloging, circulation, acquisitions, reserves, etc; and WHEREAS, the ILS servers currently used by the Library are nearing the end of their lifespan, but an upgrade by SirsiDynix to a Cloud -based ILS will be more cost effective with improved technology that will provide vendor support for both software and hardware, improve the functionality of the system, and make the use and process easier and more efficient for both staff and patrons; and WHEREAS, staff recommends entering into an Agreement with SirsiDynix to upgrade to a Cloud -based ILS is for a term of one year in the amount of $30,585.74, with six one-year automatic renewals with the ability to opt -out, for a seven-year total not to exceed amount of $164,955.74; and WHEREAS, Section 2.60.110(6)(2) of the Municipal Code authorizes waving the formal bid process because the circumstances are such that no obvious, ascertainable advantage to the city could result from the bid process, and delay would unduly impair or jeopardize the city's ability to efficiently operate its data management systems. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby affirms the determination that delaying the upgrade to the National City Public Library's Integrated Library System would unduly impair or jeopardize the Library's ability to efficiently operate its data management systems, and pursuant to Section 2.60.110 of the Municipal Code, authorizes the waiver of the bidding process, for the upgrade. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute an Agreement with SirsiDynix for a term of one year in the amount of $30,585.74, with six one-year automatic renewals with the ability to opt -out, for a seven-year total not to exceed amount of $164,955.74. PASSED and ADOPTED this 3rd day of February, 2015. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva, City Attorney CC/CDC-HA Agenda 2/3/2015 — Page 100 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 a Second Amendment to the Agreement with URS Corporation to increase the not -to -exceed amount of the Agreement by $150,000 and extend the term of the Agreement to CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 3, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the Agreement with URS Corporation to increase the not -to -exceed amount of the Agreement by $150,000 and extend the term of the Agreement to January 9, 2016 for on -call general engineering services, construction inspections and project management services for various Capital Improvement Projects (funded by various CIP projects) PREPARED BY' Stephen Manganiello PHONE: 619-336-4382 EXPLANATION See attached FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Engineering & Public Works APPROVED BY: ///fr7) APPROVED- APPROVED: Finance MIS There is no financial impact at this time. Funds will be encumbered on an as -needed basis from previously approved CIP project appropriations. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Second Amendment 3. Resolution Explanation: On January 10, 2012, per City Council Resolution No. 2012-05, the City of National City entered into an agreement with URS Corporation to provide on -call general engineering services, construction inspections and project management services for various Capital Improvement Projects. The Agreement was for a not -to -exceed amount of $100,000 and a term of two years, with the option to extend. On January 21, 2014, the City Council adopted Resolution No. 2014-1 approving the First Amendment to the Agreement, which extended the term of the Agreement through January 9, 2015 and increased the not -to -exceed amount by $50,000, for a total Agreement amount of $150,000. URS Corporation is currently providing professional support services for various Capital Improvement Projects, such as Kimball and Morgan Towers mechanical, electrical and HVAC upgrades. In order to continue timely completion of Capital Improvement Projects, the parties desire to extend the term of the Agreement through January 9, 2016 and increase the not -to -exceed amount by $150,000, for a total Agreement amount of $300,000. There is no financial impact at this time. Funds will be encumbered on an as -needed basis from previously approved CIP project appropriations. SECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND URS CORPORATION This Second Amendment to the Agreement is entered into this 3rd day of February, 2015, by and between the City of National City, a municipal corporation ("CITY"), and URS Corporation, dba URS Corporation Americas (the "CONSULTANT"). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an Agreement on January 10, 2012, ("the Agreement") for the not to exceed amount of $100,000 through the adoption of City of National City Council Resolution No. 2012-05, wherein the CONSULTANT agreed to provide on -cal! general engineering services, construction inspections and project management services for various Capital Improvement Projects. WHEREAS, on January 21, 2014, the City Council adopted Resolution No. 2014-1 approving the First Amendment to the Agreement, which extended the term of the Agreement through January 9, 2015 and increased the not -to -exceed amount by $50,000, for a total Agreement amount of $150,000; and WHEREAS, to continue timely completion of Capital Improvement Projects, the parties desire to extend the term of the Agreement through January 9, 2016 and increase the not -to -exceed amount by $150,000, for a total Agreement amount of $300,000. AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement entered into on January 10, 2012 as follows: 1. Extend the term of the Agreement through January 9, 2016. 2. Increase the not -to -exceed amount by $150,000, for a total Agreement amount of $300,000. 3. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated January 10, 2012, shall remain in full force and effect. [Signature page to follow] IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the date and year first above written. CITY OF NATIONAL CITY EJRS CORPORATION By: By: Ron Morrison, Mayor Paui Ryan, PE Senior Vice President Brian Norris, PE Vice President APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH URS CORPORATION TO INCREASE THE NOT -TO -EXCEED AMOUNT OF THE AGREEMENT BY $150,000 AND EXTEND THE TERM OF THE AGREEMENT ONE YEAR, EXPIRING JANUARY 9, 2016, FOR ON -CALL GENERAL ENGINEERING SERVICES, CONSTRUCTION INSPECTIONS, AND PROJECT MANAGEMENT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS WHEREAS, on January 10, 2012, the City Council adopted Resolution No. 2012- 05, approving an Agreement with URS Corporation in the not to exceed amount of $100,000 for on -call general engineering services, construction inspections, and program management services for the various Capital Improvement Projects; and WHEREAS, on January 21, 2014, the City Council adopted Resolution No. 2014- 1 approving the First Amendment to the Agreement, which extended the term of the Agreement one year, expiring on January 9, 2015, and increased the not -to -exceed amount by $50,000, for a total Agreement amount of $150,000; and WHEREAS, to continue timely completion of Capital Improvement Projects, the parties desire to extend the term of the Agreement for one additional year, expiring on January 9, 2016, and increase the not to exceed amount by $150,000, for a total not to exceed amount of $300,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby reinstates the Agreement and First Amendment, and authorizes the Mayor to execute a Second Amendment to the Agreement with URS Corporation to extend the term of the Agreement for one additional year, expiring on January 9, 2016, and to increase the not to exceed amount by $150,000, for a total not to exceed amount of $300,000. Said Second Amendment is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of February, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 2/3/2015 — Page 106 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 one 20-minute time -restricted parking space on W. 16th Street adjacent to the business at 1540 Coolidge Avenue, (Big B Market & Deli) (TSC 2014-15) (Engineering/P CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 3, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of one 20-minute time -restricted parking space on W. 16t1 Street adjacent to the business at 1540 Coolidge Avenue (TSC 2014-15) PREPARED BY: Kenneth Fernanrde7 P.P. PHON_F: 61g_355-438R EXPLANATION: See attached. DEPARTMENT: Engineering and Public Works APPROVED BY: MY/ FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: L STAFF RECOMMENDATION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS Adopt the Resolution to install one (1) 20-minute time -restricted parking spaces on W. 16th Street adjacent to the business at 1540 Coolidge Avenue. BOARD / COMMISSION RECOMMENDATION: At their meeting on December 10, 2014, the Traffic Safety Committee unanimously approved staff recommendation to install one (1) 20-minute time -restricted parking space on W. 16th Street adjacent to the business at 1540 Coolidge Avenue. ATTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on December 10, 2014 (TSC 2014-15) 3. Resolution EXPLANATION Mr. Ghali Dikho, small-business owner of Big B Market & Deli at 1540 Coolidge Avenue, has requested one "green curb" 20-minute, time -restricted parking space to facilitate and increase parking turnover for his customers. The business is located on the northwest corner of Coolidge Avenue and W. 16th Street. Mr. Dikho's business does not have off-street parking available for his customers. Mr. Dikho has also stated that parking on W. 16th Street is typically occupied by nearby residents, resulting in lack of available parking for his customers. Installation of time -restricted parking is appropriate for local businesses to encourage higher parking turnover and more efficient enforcement. Staff met with Mr. Dikho at his business and verified that Mr. Dikho's business does not have off-street parking. There is approximately 30 feet of unrestricted curbside parking available adjacent to Mr. Dikho's business on the north side of W. 16th Street between Coolidge Avenue and the first driveway apron to the west. This would allow for one "green curb" 20-minute, time - restricted parallel parking space. There are currently two "green curb" 20-minute, time -restricted angle parking spaces (Monday through Saturday, 7:00 AM to 7:00 PM) on the west side of Coolidge Avenue adjacent to Mr. Dikho's corner -lot business. According to Mr. Dikho, the newly installed corner bulb -outs and intersection configuration from the National City Community Corridors Project on Coolidge Avenue have affected parking for his business. Mr. Dikho believes that providing short-term parking on W. 16th Street will improve access to his business. Staff recommends the installation of one 30-foot long "green curb" 20-minute, time -restricted parallel parking space with signage (Monday through Saturday, 7:00 AM to 7:00 PM) on the north side of W. 16th Street adjacent to the business at 1540 Coolidge Avenue. The Traffic Safety Committee unanimously approved the staff recommendation at their meeting on December 10, 2014. If approved by City Council, all work will be performed by City Public Works. CA'LttFORN A NATIONAL CITY" January 15, 2015 Resident/Owner National City, CA 9195O RE: REQUEST TO INSTALL ONE, 20-MINUTE "GREEN CURB" TIME - RESTRICTED PARKING SPACE ON W. 16TH STREET ADJACENT TO THE BUSINESS AT 1540 COOLIDGE AVENUE (TSC ITEM NO. 2014-15) Dear Resident/Owner: We would like to inform you that the referenced item (see attached map) was approved by the Traffic Safety Committee on Wednesday, December 10, 2014. This item wiii now be presented to the City Council of the City of National City for action on Tuesday, February 3, 2015 at 6:00 P.M. The public meeting will be held in the 2nd floor Council Chambers of the Civic Center Building located at 1243 National City Boulevard. If you have any questions or comments, please contact the Engineering Department at 619-336-4380, and reference Traffic Safety Committee Item #2014-15. Sincerely, 2. Stephen Manganiello City Engineer 2014-15 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationaicityca.gov Jorr- Location Map B.g S Market 1540 Coolidge Avenue Proposed One (1) Green Curb 20-Minute, Time Restricted Parallel Perki:ig Space Newly constructed "bulb -out" sidewaillklpeclestrian ramp (snot shown) Two (2) Existing Green Curb 20-Minute, Time Restricted Diagonal Parking Spaces 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR DECEMBER 10, 2014 ITEM NO, 2014-15 ITEM TITLE: REQUEST TO INSTALL ONE 20-MINUTE TIME-RESTRICTEp PARKING SPACE ON W. 16TH STREET IN FRONT OF THE BUSINESS AT 1540 COOLIDGE AVENUE (BY G. DIKHO) PREPARED BY: Kenneth Fernandez, P.E. Engineering and Public Works Department, Engineering Division DISCUSSION: Mr. Ghali Dikho, small-business owner of Big B Market & Deli at 1540 Coolidge Avenue, has requested one "green curia" 2D-mini rigs, time restricted parking space to facilitate and increase parking tumover for his customers, The business is located on the northwest comer of Coolidge Avenue and W. 16th Street. Mr. Dikho's business does not have off-street parking available for his customers. Mr. Dikho has also stated that parking on W. 16th Street is typically occupied by nearby residents and businesses, resulting in lack of available parking for his customers. Installation of time restricted parking is appropriate for local businesses to encourage higher parking turnover and more efficient enforcement. Staff met with Mr. Dikho at his business. Staff verified that Mr. Dikho's business does not have off-street parking. There are approximately 30 feet of unrestricted curbside parking available to the tide of Mr. Dikho's business on the north side of W. 16t° Street between Coolidge Avenue and the first driveway apron west of the building. This would allow for one "green curb' 20-minute, time restricted parking space. `r here are currently two parallel "green curb' 20-minute time restricted parking spaces (Monday through Saturday, 7:00 AM to 7:00 PM) and two parallel unrestricted parking spaces on the west side of Coolidge Avenue fronting the other side of Mr. Dikho's comer -lot business. According to Mr. Dikho, the newly installed bulb -out sidewalks and intersection configuration from the National City Community Corridors Project have affected his business and the usage of these spaces for northbound vehicles travelling on Coolidge Avenue. As a result, Mr. Dikho feels that short-term parking is more practical for vehicles travelling westbound on W 16th Street if attempting to utilize his business. STAFF RECOMMENDATION: 1. Staff recommends the installation of one 30-foot long "green curb" 20-minute, time restricted parking spaces with signage (Monday through Saturday, 7:00 AM to 7:00 PM) on the north side of W. 16th Street between Coolidge Avenue and the first driveway apron west of 1540 Coolidge Avenue. EXHIBITS; 1. Correspondence 2. Location Map 3. Photos 2014-15 To: California National City / Keith R.V. Fernandez, P. E. .resistant Civil Engineer / wing Division I am Khali Dikho owner of Big B Market & Deli 1540 Coolidge Ave. National City CA Salt Diego 91950 (at the comer of W 16th St. Coolidge). Please, I have a parking issue Cm W,16t St) bemuse neighbors of other business cars are parsing their whole the day and every day, and block the parking. For this reason I loss a large busing. Please, I request help from your office to put a sign for 15 minute parking zone during business hours SAnt. -- 6 Pnn. Thank you for of your help for this important issue. Applicant Gbali Diikbo Date: t l /12/2014 6 19.25)-) ,107Y ctu 17.4776-41,.2 Tia Ao •Pal Location Map Proposed *Ile (1) Swum Curb 2041Inute, Time Restricted Par:dial Parking Space Two (2) Relating Croon Curb 20-10dinute, Time Restricted Diagonal Paridng Spaces jr Needy caustructed "bulb -our sideendinpedemblan ramp Mat shown) 7:14 :41 CONitarinT 631111/4 43 VI --I 'kl,,-• Big B Market & Deli at 1540 Coolidge Ave — W.16th St, west of Coolidge Ave (looking northwest) Big B Market & Deli at 1540 Coolidge Ave at W. 16th St (looking north) RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF ONE 20-MINUTE TIME -RESTRICTED PARALLEL PARKING SPACE ON WEST 16T" STREET ADJACENT TO THE BUSINESS AT 1540 COOLIDGE AVENUE WHEREAS, the small-business owner of Big B Market & Deli located at 1540 Coolidge Avenue on the northwest corner of Coolidge Avenue and West 16th Street, has requested one "green curb" 20-minute, time -restricted parking space to facilitate and increase parking turnover for his customers; and WHEREAS, the business does not have off-street parking available for customers, and West 16th Street is typically occupied by nearby residents, resulting in lack of available parking for customers; and WHEREAS, after a site evaluation, staff determined that installation of time - restricted parallel parking is appropriate to encourage more frequent parking turnover and more efficient enforcement and recommended the installation of one 30-foot long "green curb" 20- minute, time -restricted parallel parking space with signage (Monday through Saturday, 7:00 a.m. to 7:00 p.m.) on the north side of West 16th Street adjacent to the business at 1540 Coolidge Avenue; and WHEREAS, at their meeting on December 10, 2014, the Traffic Safety Committee unanimously approved staff's recommendation to install one 30-foot long "green curb" 20-minute, time -restricted parallel parking space with signage (Monday through Saturday, 7:00 a.m. to 7:00 p.m.) on the north side of West 16th Street adjacent to the business at 1540 Coolidge Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of one 30-foot long "green curb" 20-minute, time - restricted parallel parking space with signage (Monday through Saturday, 7:00 a.m. to 7:00 p.m.) on the north side of West 16th Street adjacent to the business at 1540 Coolidge Avenue PASSED and ADOPTED this 3rd day of February, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalia, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 2/3/2015 — Page 117 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 two 15-minute time -restricted parking spaces on E. 21st Street adjacent to the business at 2111 Highland Avenue, (Hi -Bev Liquor) (TSC 2014-16) (Engineering/Public CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 3, 2015 AGENDA i . ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of two 15-minute time -restricted parking spaces on E. 2 E;t Street adjacent to the business at 2111 Highland Avenue (TSC 2014-16) PREPARED BY: Kenneth Fernandez, F.E. PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering and Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: STAFF RECOMMENDATION: Finance MIS Adopt the Resolution to install two (2) 15-minute time -restricted parking spaces on E. 21 st Street adjacent to the business at 2111 Highland Avenue. BOARD 1 COMMISSION RECOMMENDATION: At their meeting on December 10, 2014, the Traffic Safety Comrr'14ec unanimously approved staff recommendation to install two (2) 15-minute time -restricted parking spaces on E. 21st Street adjacent to the business at 2111 Highland Avenue, ATTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on December 10, 2014 (TSC 2014-16) 3. Resolution EXPLANATION Mr. Wameed Tepo, small-business owner of Hi -Bev Liquor at 2111 Highland Avenue, has requested two "green curb" 15-minute, time -restricted parking spaces to facilitate and increase parking turnover for his customers. The business is located on the southeast corner of Highland Avenue and E. 21st Street. Mr. Tepo's business does not have off-street parking available for his customers. There is an off-street parking lot south of his business. However, according to Mr. Tepo, those parking spaces are reserved for apartment residents. The drive through area immediately in front of Mr. Tepo's business, which fronts Highland Avenue, is designated for ingress/egress to the parking lot. Mr. Tepo also stated that parking on E. 21st Street is typically occupied by nearby residents, resulting in lack of available parking for his customers. Installation of time restricted parking is appropriate for local businesses to encourage higher parking turnover and more efficient enforcement. Staff met with Mr. Tepo at his business. Staff verified that Mr. Tepo's business does not have available off-street parking. There is approximately 40 feet of unrestricted curbside parking available adjacent to Mr. Tepo's business on the south side of E. 21st Street between Highland Avenue and the first driveway apron east of the property. This would allow for two "green curb" 15-minute, time -restricted parking spaces. There is currently 60 feet of "yellow curb" parallel parking for commercial loading on the north side of E. 21st Street across from Mr. Tepo's corner - lot business. According to Mr. Tepo, he has experienced a loss of business due to parking limitations. Staff recommends the installation of two, 20-foot long "green curb" 15-minute, time -restricted parking spaces with signage (Monday through Saturday, 9:00 AM to 9:00 PM) on the south side of E. 21st Street adjacent to the business at 2111 Highland Avenue. The Traffic Safety Committee unanimously approved staff recommendation at their meeting on December 10, 2014. !f approved by City Council, all work will be performed by City Public Works. January 15, 2015 Resident/Owner National City, CA 91950 CALIFORNIA AONAL J 1551 a: COlitPoRre u RE: REQUEST TO INSTALL TWO, 15-MINUTE "GREEN CURB" TIME - RESTRICTED PARKING SPACES ON E. 21 ST STREET ADJACENT TO THE BUSINESS AT 2111 HIGHLAND AVENUE (TSC ITEM NO. 2014-16) Dear Resident/Owner: We would like to inform you that the referenced item (see attached map) was approved by the Traffic Safety Committee on Wednesday, December 10, 2014. This item will now be presented to the City Council of the City of National City for action on Tuesday, February 3, 2015 at 6:00 P.M. The public meeting will be held in the 2nd floor Council Chambers of the Civic Center Building located at 1243 National City Boulevard. If you have any questions or comments, please contact the Engineering Department at 619-336-4380, and reference Traffic Safety Committee Item #2014-16. -. Stephen Manganiello City Engineer 2014-16 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationaicityca.gov r 0 to 1... 0 rz 4 AD V 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR DECEMBER 10, 2014 rITEM NO. 2014-16 ITEM TITLE: REQUEST TO INSTALL TWO IS -MINUTE TIME -RESTRICTED PARKING SPACES ON E. 21ST STREET IN FRONT OF THE BUSINESS AT 2111 HIGHLAND AVENUE (BY W. TEPO] PREPARED BY: Kenneth Fernandez, P.E. Engineering and Public Works Department, Engineering Division DISCUSSION: Mr. Wameed Tepo, small-business owner of Hi -Bev Liquor at 2111 Highland Avenue, hays rant,egii twr "green curt" 15-minute, time restricted parking space to facilitate end increase parking turnover for his customers. The business is located on the southeast comer of Highland Avenue and E. 21st Street. Mr. Tepo's business does not have off-street parking available for his customers. There is an off-street parking lot south of his business. However, accordingly to Mr. Tepo, those are reserved for apartment residents. The area immediately in front of the building is intended for ingress/egress to the lot from Highland Avenue & E 21st Street and not for short-term parking. Mr. Tepo has also stated that parking on E. 21st Street is typically occupied by nearby residents and businesses, resulting in lack of available parking for his customers. Installation of time restricted parking is appropriate for local businesses to encourage higher parking turnover and more efficient enforcement. Staff met with Mr. Tepo at his business. Staff verified that Mr. Tepo's business does not have available off-street parking. There are approximately 40 feet of unrestricted curbside parking available in front of Mr. Tepo's business on the south side of E. 21st Street between Highland Avenue and the first driveway apron east of the property. This would allow for two green curb 15-minute, time restricted parking spaces. There is currently a 60-foot "yellow curb" commercial parallel parking space on the north side of E. 21w Street across from Mr. Tepo's comer -lot business. According to Mr. Dikho, short- term parking will solve the loss of business he has been experiencing since the parking lot is no longer available for his customers to utilize. STAFF RECOMMENDATION: 1. Staff recommends the installation of two 20-foot long "green curb" 15-minute, time restricted parking spaces with signage (Monday through Saturday, 9:00 AM to 9:00 PM) on the south side of E. 21st Street between Highland Avenue and the first driveway apron east of 2111 Highland Avenue. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2014-16 r-e41444 reeritavig-62_, p•E• 7/7aitere I QM the business. owner cat Liquok- SiDre loaded a4- an' thh litn i A-ve. .� ani r eque sM' y -that -ffie c install 5 mime /Is adds .e/4 fo try businesr atie to c,a stccrtf- lack of parkin -hrouy Ted y lor m3/ sfa e calstance you can prov(cle would 1e, grelt apjprett - cI• wank you. S ccreW, late -eea D t1‘ h And 1\ve Mational cA 91,950 -tL+- 3-1- Gt9►(c.el bne) rnt- r Location Map Hi Bev Liquor at 2111 Highland Ave — E. 21d St, east of Highland Ave (looking southeast) Hi -Bev Liquor at 2111 J ghland Ave — E. 21st St, east of Highland Ave (looking ) RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF TWO 20-FOOT GREEN CURB 15-MINUTE TIME -RESTRICTED PARKING SPACES WITH SIGNAGE ON EAST 21ST STREET ADJACENT TO THE BUSINESS LOCATED AT 2111 HIGHLAND AVENUE WHEREAS, the business owner of Hi -Bev Liquor located at 2111 Highland Avenue on the southeast corner of Highland Avenue and East 21st Street, has requested two "green curb" 15-minute, time -restricted parking spaces to facilitate and increase parking turnover for customers because the area immediately in front of the building is intended for ingress/egress to the parking lot and not for short-term parking, resulting in a lack of available parking for customers and a Toss of business; and WHEREAS, staff's inspection of the property verified that the aforementioned business does not have available off-street parking, but there is approximately 40 feet of unrestricted curbside parking available adjacent to the business on the south side of East 21st Street that would allow for two green curb 15-minute, time -restricted parking spaces; and WHEREAS, staff recommends the installation of two, 20-foot long "green curb" 15-minute, time -restricted parking spaces with signage (Monday through Saturday, 9:00 AM to 9:00 PM) on the south side of East 21st Street adjacent to the business at 2111 Highland Avenue on the southeast corner of Highland Avenue and East 21st Street; and WHEREAS, at their meeting on December 10, 2014, the Traffic Safety Committee unanimously approved staff's recommendation to install two, 20-foot long "green curb" 15-minute, time -restricted parking spaces with signage (Monday through Saturday, 9:00 AM to 9:00 PM) on the south side of East 21st Street adjacent to the business located at 2111 Highland Avenue on the southeast corner of Highland Avenue and East 21st 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 two, 20-foot long "green curb" 15-minute, time -restricted parking spaces with signage (Monday through Saturday, 9:00 AM to 9:00 PM) on the south side of East 21st Street adjacent to the business at 2111 Highland Avenue on the southeast corner of Highland Avenue and East 21st Street. PASSED and ADOPTED this 3rd day of February, 2015. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 2/3/2015 — Page 128 The following page(s) contain the backup material for Agenda Item: Warrant Register #26 for the period of 12/17/14 through 12/23/14 in the amount of $1,164,723.65 (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 3, 2015 AGENDA ITEM NO. ITEM TITLE: Warrant Register #26 for the period of 12/17/14 through 12/23/14 in the amount of $1,164,723.65 (Finance) PREPARED BY: 1K. Apalategur DEPARTMENT: Finarpc C PHONE: 019-336-4572 APPROVED BY: _frig EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 12/17/14 through 12/23/14. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Public Emp Ret System 12182014 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $1,164,723.65 316,318.88 Retirement Insurance Service Period 11/25/14-12/08/14 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,164,723.65 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #26 Finance MIS e c WARRANT REGISTER #26 12/23/2014 PAYEE DESCRIPTION No Checks for the period of 12/17/14 thru 12/23/2014 WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 11/25/14 - 12/08/14 PAYROLL Pay period Start Date End Date Check Date 26 12/9/2014 12/22/2014 12/31/2014 SPECIAL PAYROLL Check Date 12/17/2014 1/1 GHK NO DATE AMOUNT A/P Total 0.00 12182014 12/18/14 316,318.88 848,163.06 241.71 GRAND TOTAL $ 1,164,723.65 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. lC. MARK ROBERTS, FIN NCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 3th OF FEBRUARY, 2015. AYES NAYS ABSENT CC/CDC-HA Agenda 2/3/2015 — Page 132 The following page(s) contain the backup material for Agenda Item: Warrant Register #27 for the period of 12/24/14 through 12/30/14 in the amount of $0.00 (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 3, 2015 AGENDA ITEM NO. ITEM TITLE: Warrant Register #27 for the period of 12/24/14 through 12/30/14 in the amount of $0.00 (Finance) PREPARED BY: 1K. Apalategui DEPARTMENT: Financ f PHONE: 1 - 6-4572 APPROVED BY: ����fi� � 9 33 , EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 12/24/14 through 12/30/14. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $0.00 APPROVED: 11/7 Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the amount of $0.00 BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #27 WARRANT REGISTER #27 12/30/2014 PAYEE DESCRIPTION No Checks for the period of 12/24/14 thru 12/30/14 GRAND TOTAL 111 CHI( NO DATE AMOUNT AJP Total 0.00 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS,'FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 3111OF FEBRUARY, 2015. AYES NAYS ABSENT CC/CDC-HA Agenda 2/3/2015 — Page 136 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City 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 (Applicant: Grill House at Big Ben) (Case F CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 3, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a Conditional Use Permit for beer and wine sales, a banquet facility, and iive 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 DEPARTMEN) : ;planning. PHONE: 336-4313 APPROVED BY: EXPLANATION: The City Council conducted a public hearing on this item at the January 20, 2015 City Council meeting. The Council asked staff to return with a Resolution amending the hours approved for live entertainment/public assembly to between 12:00 p.m. and 10:00 p.m. on Fridays and Saturdays, and between 12:00 p.m. and 9:00 p.m. on Sundays. The attached resolution is needed to take action on the item.' FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1, Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Resolution. Finance MIS RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY 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 WHEREAS, the City Council of the City of National City considered 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, at a duly advertised public hearing held on January 20, 2015, at which time the City Council considered evidence; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2014-08 CUP, which is maintained by the City and incorporated herein by reference, along with any other evidence presented at said hearing; and WHEREAS, the Conditional Use Permit has been found to be consistent with Municipal Code section 18.30.050, which governs the sale of alcoholic beverages; and WHEREAS, the Police Department considers the Conditional Use Permit satisfies the conditions otherwise required by a Live Entertainment Permit and satisfies National City Municipal Code section 10.78.030; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearing held on January 20, 2015, 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, because 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, because alcohol sales, live entertainment, and public assembly are permitted by the Land Use Code, subject to a Conditional Use Permit, which is consistent with the General Plan; and 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, because 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. Resolution No. 2015 — February 3, 2015 Page Two 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, because 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 National City Municipal Code section 10.78.030 is satisfied by the conditions contained within and part of this Conditional Use Permit; and 7. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, the proposed use is categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), and a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. 8. 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. 9. 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 a 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 November 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. Resolution No. 2015 — February 3, 2015 Page Three 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. Resolution No. 2015 — February 3, 2015 Page Four 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 shall be limited to between 12:00 p.m. and 10:00 p.m. Friday and Saturday, and between 12:00 p.m. and 9:00 p.m. on Sunday. 14. The hours of public assembly activities (e.g., banquets, parties, etc.) shall be limited to between 12:00 p.m. and 10:00 p.m. Friday through Sunday. 15. 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. 16. 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. 17. 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. 18. Alcohol shall be available only in conjunction with the purchase of food. 19. 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. 20. 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 21. 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 this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. Resolution No. 2015 — February 3, 2015 Page Five PASSED and ADOPTED this 3rd day of February, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 2/3/2015 — Page 144 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 a First Amendment to the Agreement with Project Professionals Corporation to increase the not - to -exceed amount of the Agreement by $900,000 to provide on -call pro CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 3, 2015 ITEM TITLE: AGENDA ITEM NO. Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with Project Professionals Corporation to increase the not -to -exceed amount of the Agreement by $900,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, community outreach and communications, and legal support for public works contracts and/or disputes (funded by various CIP projects) PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached FINANCIAL STATEMENT: ACCOUNT NO. DEPARTMENT: Engineering & Public Works APPROVED BY: APPROVED: APPROVED: Finance MIS There is no financial impact at this time. Funds will be encumbered on an as -needed basis from previously approved CIP project appropriations. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. First Amendment to Agreement 3. Resolution Explanation: On April 15, 2014, per City Council Resolution No. 2014-49, the City of National City entered into an agreement with Project Professionals Corporation to on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, community outreach and .communications, and legal support for public works contracts and/or disputes. The Agreement was for a not -to -exceed amount of $1,500,000 and a term of two years, with the option to extend. Project Professionals Corporation is currently performing construction management and inspection services for the following CIP projects: National City Waterfront Adventure Center (formerly Aquatic Center) 8t" Street Smart Growth Revitalization (Trolley Station to Highland Ave) Community Corridors (4t" St, "D" Ave, Coolidge Ave and 18th St) WI-TOD / PW Relocation Police Department Electrical Upgrades Police Department Property & Evidence Room Upgrades Civic Center Improvements • Kimball & Morgan Tower Improvements In order to complete these projects in a timely manner and to provide support services for upcoming CIP projects, staff is requesting a First Amendment to the Agreement to increase the not -to -exceed amount by $900,000. FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT PROFESSIONALS CORPORATION This First Amendment to the Agreement is entered into this 3rd day of February, 2015 by and between the City of National City, a municipal corporation ("Ci T Y"), and Project Professionals Corporation (the "CONSULTANT"). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an Agreement on April 15, 2014, ("the Agreement") through the adoption of City of National City Council Resolution No. 2014-49, wherein the CONSULTANT agreed to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, community outreach and communications, and legal support for public works contracts and/or disputes. WHEREAS, the original Agreement had a not -to -exceed amount of $1,500,000; and WHEREAS, the original Agreement is set to expire on April 14; 2016; with optional extensions when mutually agreed upon by the parties; and WHEREAS, to continue timely completion of Capital Improvement Projects, the parties desire to increase the not -to -exceed amount by $900,000, for a total Agreement amount of $2,400,000. AGREEMENT NOW, THEREFORE, the parties April 15, 2014 as follows: 1. Increase the not -to -exceed amount $2,400,000. agree to amend the Agreement entered into on by $900,000, for a total Agreement amount of 2. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated April 15, 2014, shall remain in full force and effect. <Signature page to follow> IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date and year first above written. CITY OF NATIONAL CITY PROJECT PROFESSIONALS CORPORATION By: By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Made, President/CEO By: Leanne Wade, CFO RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH PROJECT PROFESSIONALS CORPORATION TO INCREASE THE NOT -TO -EXCEED AMOUNT OF THE AGREEMENT BY $900,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM, INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT, ENGINEERING AND CONTRACT MANAGEMENT, CONSTRUCTION MANAGEMENT AND INSPECTIONS, PLAN REVIEWS, CONSTRUCTABILITY REVIEWS, COMMUNITY OUTREACH AND COMMUNICATIONS, AND SUPPORT FOR PUBLIC WORKS CONTRACTS AND/OR DISPUTES WHEREAS, on April 15, 2014, the City Council adopted Resolution No. 2014-49 entering into an Agreement with Project Professionals Corporation for a not -to -exceed amount of $1,500,000 and a term of two years to provide on -call project support services for National City's Capital Improvement Program ("CIP"), including, but not limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, community outreach and communications, and support for public works contracts and/or disputes; and WHEREAS, Project Professionals Corporation is currently performing construction management and inspection services for the following CIP projects: • National City Waterfront Adventure Center (formerly Aquatic Center) • 8th Street Smart Growth Revitalization (Trolley Station to Highland Ave) • Community Corridors (4th St, "D" Ave, Coolidge Ave and 18th St) • WI-TOD / Public Works Relocation • Police Department Electrical Upgrades • Police Department Property and Evidence Room Upgrades • Civic Center Improvements • Kimball and Morgan Tower Improvements; and WHEREAS, to complete these projects in a timely manner and to provide support services for upcoming CIP projects, staff is requesting a First Amendment to the Agreement to increase the not -to -exceed amount by $900,000, for a total not to exceed amount of $2,400,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a First Amendment to the Agreement with Project Professionals Corporation to increase the not to exceed amount by $900,000, for a total not to exceed amount of $2,400,000, to provide on -call project support services for National City's Capital Improvement Program ("CIP"), including, but not limited to, project management, engineering and contract management, construction management and inspections, plan reviews, constructability reviews, community outreach and communications, and support for public works contracts and/or disputes. Said First Amendment is on file in the office of the City Clerk. [Signature Page to Follow] Resolution No. 2015 — February 3, 2015 PASSED and ADOPTED this 3rd day of February, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 2/3/2015 — Page 151 The following page(s) contain the backup material for Agenda Item: Notice of Decision — Planning Commission approval of a Conditional Use Permit for alcohol sales at American Multi -Cinema (AMC) located at Westfield Plaza Bonita. (Applicant: American Multi -Cinema, Inc.) (Case File 2014-19 CUP) (Planning) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 3, 2015 AGENDA ITEM NO. ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for alcohol sales at American Multi -Cinema (AMC) located at Westfield Plaza Bonita. (Applicant: American Multi - Cinema, Inc.) (Case File 2014-19 CUP) PREPARED BY7 Martin Reeder, AICP PHONE: '336-4313 EXPLANATION: DEPARTMENT: Ph nina APPROVED BY: The project location is the AMC Plaza Bonita 14 Theater located at the Westfield Plaza Bonita. The applicant proposes to sell beer, wine, and cocktails for on -site consumption in conjunction with expanded food menus/offerings at theatre. Alcohol sales would be from a separate concession area (MacGuffins), accessible only to patrons aged 21 and over, and using uniquely -designed cups. Planning Commission conducted a public hearing on January 12, 2015. Commissioners asked questions regarding business operations, expected sales, other owner businesses, conditions of approval, and modified hours of alcohol sales. The applicant requested two Conditions of Approval (No's. 8 and 10) to be modified and or removed. Per City Council Policy 707, only the City Council may waive or modify conditions contained in the policy. The Commission voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval, with alcohol sales hours modified to be 10:30 a.m. to 12:30 a.m. daily. The attached Planning Commission staff report describes the proposal in detail. The applicant is requesting that City Council hold the item over for a public hearing in order to discuss possible changes to approved Conditions of Approval. FINANCIAL STATEMENT ACCOUNT NO, APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) Finance MIS ORDINANCE: INTRODUCTION: Li FINAL ADOPTION: I 1 STAFF RECOMMENDATION: Staff recommends that the Conditional Use Permit be held over for a public hearing in order to discuss potential condition changes. BOARD / COMMISSION RECOMMENDATION: {The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Bush, DelaPaz, Flores Noes: Garcia, Pruitt Absent: Baca ATTACHMENTS: 11. Location Map 2. Planning Commission Staff Report 3. Resolution No. 2015-03 4. Reduced Plans Subject Parcel — — — Zone Boundary APN: 564-472-09 Westfield Plaza Bonita IFeet 0 75 150 300 Planning Commission Location Map 2014-19 CUP 12.18.14 Title: --- CALIFORNIA •,.;. ,- 13� , t XAFcolteo t R4'sD • CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 8 January 12, 2015 CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT AMERICAN MULTI -CINEMA `AMC) LOCATED AT WESTFIELD PLAZA BONITA. Case File No,: 2014-19 CUP Location: 3050 Plaza Bonita Road Assessor's Parcel No.: 564-472-09 Staff report by: Martin Reeder — Principal Planner Applicant: American Multi -Cinema, Inc. Owner: Plaza Bonita, LLC Zoning designation: Major Mixed -Use District (MXD-2) Adjacent land use/zoning: North: Residential across Sweetwater Rd. / RS-2 East: Residential / County of San Diego South: Open Space & I-805 / OS West: Open Space across Plaza Bonita Rd. / OS Environmental review: Categorically Exempt pursuant to Class 1, Section 15301 (Existing Facilities) Staff Recommendation: Approve BACKGROUND Site Characteristics The project location is the AMC Plaza Bonita 14 Theater located at the Westfield Plaza Bonita. The movie theater is approximately 60,736 square feet in size and has 14 separate auditoriums. The movie theater was constructed in the late 2000's as part of a major renovation and expansion of the mall. Proposed Use The applicant is requesting to sell beer, wine, and cocktails for on -site consumption in conjunction with expanded food menus/offerings at the existing AMC Plaza Bonita 14 Theatre. Proposed hours of alcohol sales are 10:30 a.m. to 10:30 p.m. Monday to Thursday, and 9:00 a.m. to 11:00 p.m. Friday to Sunday. Alcohol is intended to be incidental to the sale of food. The type of ABC (California Dept. of Alcoholic Beverage Control) permit being applied for is a Type 47 — On -Sale General Eating Place. This is the same type of license a restaurant would require. The applicant has stated that AMC theatres have been recognized as easting places by the Department of Alcoholic Beverage Control because they make actual and substantial sales of meals for consumption on the premises. The format that AMC employs to sell alcoholic beverages is called MacGuffins, which is typically a small bar and/or sales counter that is separate from other uses in the theater. In this case, the applicant is proposing a seven -seat bar area in the main lobby of the AMC Plaza Bonita 14 Theatre, near to the concession area. The area is currently a video arcade. Purchasers of alcohol would make their alcohol transaction in this area separate from other sales (concessions and food items) and then take their items into the theater. The sales area is accessible only to adults aged 21 and up. Cups used for alcohol are of a standard size (for beer, wine, or cocktails) and are an opaque plastic, making identification easier. The cups are smaller than the normal soda cup provided in theaters (see attached comparison photo). Specific measures employed by AMC to encourage responsible alcohol sales include the following: • Card Everyone z Identification Required for Possession • Zero Tolerance Policy • Distinctive Glassware • Certified Server Training (TIPS — Training fcr Intervention Procedures) • Mystery Shopper Program • Continuous Theatre Monitoring • Age Restrictive Signage • Lockable Storage Areas AMC policy allows for only one drink per ID, with a maximum of two drinks per purchase. Once an ID is checked, the consumer(s) receives a brightly -colored wrist band that must be worn at all times. In addition, there is one dedicated staff member (alcohol compliance monitor) who monitors all of the theaters. All theaters are checked at least every 30 minutes. Analysis The General Plan designation for the site is Major Mixed -Use, which is characterized by higher density and intensity development with an urbanized, community center -type character. The site is likewise zoned Major Mixed -Use District (MXD-2), which supports the creation of mixed -use districts that serve as primary activity centers within National City. MXD-2 districts are contemplated to function as twenty-four hour neighborhoods for residents, workers, and visitors, with housing, employment, retail, and recreational uses located in close proximity to one another. The MXD-2 district permits, with a Conditional Use Permit (CUP), alcohol sales for on - site consumption as an accessory use to eating places. Although movie theaters are not specifically mentioned in this chapter (18.30.050), they do typically offer food for purchase. Most AMC theaters, including the Westfield Plaza Bonita location, have a varied food menu. There are eighty-five (85) AMC theaters country -wide that feature iviacGuffins, seven (7) of which are California. There are two (2) AMC locations in San Diego with a MacGuffins, Chula Vista (Chula Vista Center) and La Jolla (La Jolla Village Square). AMC Chula Vista 10 employs the standard serving model as outlined above, which is the only method currently utilized by AMC. AMC La Jolla 12 has a portioned layout, with approximately half of the theaters restricted to 21 and over only. Alcohol is only available for purchase in this part of the theater. This is an outdated model that is no longer used and is in the process of changing at the La Jolla location. Hours of Operation/Alcohol Sales The hours of operation of the theater are as follows: Monday — Thursday: 10:30 a.m. to 2:00 a.m. Friday — Sunday: 9:00 a.m. to 2:00 a.m. The hours of alcohol sales are tailored to theater operating hours, although sales are cut off three to three-and--a-half hours prior to closing — roughly after the last movie screening starts: Monday — Thursday: 10:30 a.m., to_ 10:30 p.m. Friday — Sunday: 9:00 a.m. to 11:00 p.rn. Alcohol Conditional Use Permits require additional information above and beyond a normal CUP. This includes additional noticing (660-foot radius including both property owners and tenants), a community meeting, distance requirements from schools, and additional conditions related to sales and times. Conditions require that alcohol sales be incidental to food service. The City's standard alcohol conditions (as mandated by Council Policy 707) require that no alcohol purchase be permitted without the sale of food. In this case, the alcohol and food concession areas are separate, thus this requirement would be difficult to meet. The applicant is requesting that this requirement. be waived. Only the City Council may waive a policy condition, although it would be pertinent for the Planning Commission to r make a recommendation one way or the other. In order for the Council to waive or modify the condition, they would need to hold another public hearing after the Planning Commission makes its decision. Staff is in favor of removal/modification of the condition, given that the sale of alcohol would be tertiary to the primary and secondary uses of movie watching and food sales. The fact that a typical movie theater experience — including a movie and concessions — is significantly more money than a typical meal alone, it is not expected that a significant amount of alcohol will be purchased by any one individual. Furthermore, the limits and standards that AMC has in place regarding alcohol sales will further protect patrons from any impacts associated with such sales. Also, as previously mentioned, the applicant is applying for a Type 47 ABC license. Therefore, the sale of alcohol may not exceed the sale of food. This is also a standard City condition. The required community meeting was held on Thursday, October 12, 2014. One community was in attendance, as well as the applicant's representative and Planning staff. The person in attendance was not in favor of the application, stating concerns related to existing vehicular activities (racing, etc.) occurring late at night. 597 property owners and tenants were notified of the meeting. The same list was used as for this public hearing. No schools are located within 660 feet of the site. Alcohol Sales Concentration/Location Per the California State Department of Alcoholic Beverage Control (ABC), there are currently six other on -sale permits issued in this census tract (32.04): Name Address License Type* Outback Steakhouse 2980 Plaza Bonita Rd. 47 Applebeos 3030 Plaza Bonita Rd. 47 Red Robin 3030 Plaza Bonita Rd. 47 John's Incredible Pizza 3030 Plaza Bonita Rd. 41 Memela's Thai Bistro (CV) ..3001 Bonita Rd. 41 El Tor ito . M030 Plaza Bonita Rd. 47 * Type 41 - On -Sale Beer and Wine for Bona Fide Public Eating Place Type 47 - On -Sale General for Bona Fide Public Eating Place All of the five licenses in National City are located at Westfield Plaza Bonita (Memela's Thai Bistro is in the City of Chula Vista). Census tract 32.04 is comprised of the area east of Interstate 805 and south of State Route 54, including part of Bonita. The attached census tract map shows the location of the subject tract. ABC recommends a total of four on -sale alcohol permits be issued in this census tract, where six exist. Therefore, the census tract is considered to be over - concentrated. Police Department comments Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 23) has a current crime rate of 355.4%, well 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, AMC received a score of 16, which would indicate a medium risk. Low Risk is 0- 12 points; Medium Risk 13-18 points; and High Risk 19-24 points. Institute for Public Strategies (IPS) comments IPS also provided comment on this project. The same concerns with over -concentration were noted, as well as access to alcohol by minors. IPS stated that a plan needed to be in place so that AMC can ensure that alcohol sharing does not occur, in order to reduce the risk of youth access to alcohol. AMC's standard operating procedures, as outline above, would address these concerns. These standards are included as Conditions of Approval. Traffic Because the sale of alcohol would be accessory to the sale of food and combined with a movie showing, no measurable increase in traffic is expected. Alcohol sales are intended to add to the service offered to existing customers. Sweetwater Road in this location has a varied Level of Service (LOS). The'segment- between 1-805 and Valley Road has an LOS of C (A is best, F is worst), between Valley Road and Calmoor Street an LOS of A, and an LOS of E (failing) between Calmoor Street and Plaza Bonita Center Way. The site is also close to two freeways (1-805 and SR 54). 2030 numbers, as stated in the General Plan, show a general decrease in LOS (B to D), although the failing segment is showing as improved (LOS D). Public Comment One fetter of concern was received in'answer to the public hearing notice. The writer had concerns related to operation of the mall to the socio-economic status of the patrons. They felt that the addition of alcohol sales would be detrimental to the area. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales per Council policy (alcohol incidental to food, hours of operation, RBSS training, etc.). The conditions are intended to reduce any potential impacts on the adjacent community. As previously mentioned, the applicant wishes to remove the condition- related to the purchase of alcohol with food (same transaction). CEQA compliance The proposed project has- been reviewed 'in compliance with the California Environmental Quality Act. Staff has 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. The use will be conducted within an existing building and will be accessory to an existing and permitted use. No environmental impacts are anticipated as a result of expanding food and beverage options. Summar With the Project, AMC seeks to create an entertainment environment attractive to adult patrons. The movie theatre industry is currently undergoing a noteworthy transition period. Because of the advent and proliferation of Netflix, Redbox, and other new sources of entertainment, traditional movie theatres are facing significant challenges and must work to reinvent themselves. The applicant feels that the key to winning back those patrons that have opted for other entertainment options — especially adults — is the creation of a more up -scale movie experience through the provision of services and amenities beyond those customarily associated with most existing theatres. The sale of alcoholic beverages and expanded food options at the AMC 14 Theatre would increase the attractiveness of the theatre, and in turn, the Plaza Bonita shopping center. OPTIONS 1. Approve 2014-19 CUP subject to th6 conditions -listed below, based on attached findings. Continue 2014-19 CUP to a specific date. 3. Deny 2014-19 CUP based on attached findings/findings to be made by the Planning Commission. ATTACHMENTS 1. Recommended Findings for Approval/Denial 2. Recommended Conditions 3. Location Map 4. Census Tract Map and Police Beat Map 5. Police Department and Institute for Public Strategies comments 6. Public Hearing Notice (Sent to 597 property owners and occupants) 7. Public Correspondence 8. Notice of Exemption 9. Project Description 10. Applicant's Plans (Exhibit.A,. case file no. 2014-19 CUP, dated 10/23/2014) MARTIN REEDER, AICP Principal Planner BRAD RAULSTON Executive Director RECOMMENDED FINDINGS FOR APPROVAL 2014.-_1.9_CUP.,.3.0.5OEPlaza-Bonita Road 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, since the site is zoned Major Mixed -Use District (MXD-2), which allows the sale of alcoholic beverage for on -site consumption as an accessory use to eating places subject to a CUP. That the proposed use is consistent with the General Plan and any applicable specific plans, since alcohol sales 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 are a conditionally -allowed use in the Major Mixed -Use District zone. 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 there are five other restaurants at the Westfield Plaza Bonita that sell alcohol, and since no increase in square -footage would occur. 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 although there would be limited internal renovations to provide space for MacGuffins, the renovation would be minor and would not result in any increase in square footage and 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. Furthermore, the business will have multiple alcohol control policies in place. 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 movie theater, an established and allowed use in the Major Mixed -Use District zone. 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 2014-19 CUP, 3050 Plaza Bonita Road 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 32.04 in which the subject property is located. 2. 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 2014-19 CUP, 3050 Plaza Bonita Road General 1. This Conditional Use Permit authorizes the sale of beer, wine, and distilled spirits at AMC Plaza Bonita 14 Theater located at Westfield Plaza Bonita at 3050 Plaza, Bonita Road. Plans submitted for permits associated with this project shall conform to Exhibit A, case file no. 2014-19 CUP, dated 10/23/2014. 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 period of 12 months or longer. 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 Attomey and signed by the Executive Director prior to recordation. Planning 7. The sale of alcoholic beverages shall be limited to between the hours of 10:30 a.m. to 10:30 p.rn. Monday through Thursday, and 9:00 a.m. to 11:00 p.m. Friday through Sunday. 6. Ali 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. 9. 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. Ail information obtained by an investigation of records shall remain confidential. 10. Alcohol shall be available only in conjunction with the purchase of food. 11. 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. 12.AI1 practices as specified in the application materials for Case File No. 2014-19 CUP shall be implemented and maintained prior to and during alcohol sales. Said practices shall include, but not be limited to: • Valid identification check prior to alcohol purchase, regardless of age. • Valid identification required for possession of alcoholic beverages. 6 Zero Tolerance Policy. • Distinctive glassware for alcoholic beverages. Certified Server Training (TIPS — Training for Intervention Procedures). • Mystery Shopper Program. Continuous theatre monitoring at least every 30 minutes per theatre. Age restrictive signage. All alcohol products shall be contained in locked storage outside of approved sales hours and when sales area not staffed. Police 13. Pemiittee 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. 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F '1...: • • ' i • Swe rtwaper CUUfttPark. 0941, r¢v porahon-r!1I rights reserve !.02003'Tele'8ti'4s North:Aarrerlca, Inc. City of National City Beat 23 Source: Microsoft Mappoint NCPD CAU, 4/18/07 DATE: NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT BUSINESS NAME: ADDRESS: OWNER NAME: OWNER ADDRESS: DOB: (add additional owners on page 2) I. Type of Business ❑ Restaurant (1 pt) ❑ Market (2 pts) ❑ Bar/Night Club (3 pts) II. Hours of Operation ❑ Daytime hours (1 pt) ❑ Close by 10pm (2 pts) ❑ Close after l Opm (3 pts) III. Entertainment ❑ Music (1 pt) ❑ Live Music (2 pts) ❑ Dancing/Live Music (3 pts) IV. Crime Rate ❑ Low (1 pt) ❑ Medium (2 pts) ❑ High (3 pts) V. Alcohol Businesses per Census Tract ❑ Below (1 pt) ❑ Average (2 pts) ❑ Above (3 pts) Revised: 11/11 1 of 2 National City Police Department ABC Risk Assessment VI. Calls for Service at Location (for previous 6 months) ❑ Below (1 pt) ❑ Average (2 pts) ❑ Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) ❑ Mostly commercial businesses (1 pt) ❑ Some businesses, some residential (2 pts) ❑ Mostly residential (3 pts) VIII. Owner(s) records check ❑ No criminal incidents (0 pts) ❑ Minor criminal incidents (2 pts) ❑ Multiple/Major criminal incidents (3 pts) OWNER NAME: DOB: OWNER ADDRESS: Low Risk ( 12pts or less) Medium Risk (13 — 18pts) High Risk (19 — 24pts) Total Points OWNER NAME: DOB: OWNER ADDRESS: Recommendation: Completed by: Badge ID: 2 of 2 South ay Bay change f ) Environmental Scan For Alcohol License C.U.P. AMC Theatre 3030 Plaza Bonita Road, Ste 2075, National City, CA 91950 January 6, 2015 Photo of AMC Plaza Bonita 14 Google Earth View of 3030 Plaza Bonita Road. and Surrounding Area This environmental scan is for a Conditional Use Permit for AMC Plaza Bonita 14, located at 3030 Bonita Road, in National City. The business is located between Plaza Bonita Road and Sweetwater Road in National City. Currently there are six (6) active licenses issued for the Census Tract is 0032.04. This number exceeds the census track allocation. The applicant is applying for a type 47 Conditional Use Permit to sell Beer, Wine and Cocktails for on -site consumption. The proposed sale of alcohol will be incidental to existing food sales at the AMC 14 theatre and will allow for the consumption of alcoholic beverages in conjunction with expanded food options. An environmental scan was conducted on Tuesday, January 6, 2015. The business Is an AMC Theatre with sales of food from a menu and beverages. During a scan of the business and property the following was noted: Funded by the San Diego County Health and Human Services Agency 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org Youth Sensitive Areas The business is not located near any youth sensitive areas. Churches A Google search showed the closest church to the applicant's location is the Bonita Baptist Church, located at 4744 Bonita Road, Bonita and approximately 7 miles East of the applicant's business. Outlet Density According to the ABC, four (4) on -site licenses are authorized for Census Tract 0032.04, the census track within which the Westfield Plaza Bonita is located. Currently there are six (6) active licenses issued for the Census Tract Is 0032.04. This number exceeds the census track allocation. ri �� 1 Sea o , "fir z, 8 C$.15 Mr m 9 1Li tt ..;i Cht i <i;a testa HER ! Llt:, Rc�iPC ii�tET 4,. USG a f! .•a Green Arrow and Red Pir Depict Applicant's location for "AMC THEATRE" at 3030 Bonita Road, Nations! City. Yellow Circles Depict Existing Alcohol Outlets in Applicant's Census Tract and Other Nearby Census Tracts Map from ABC.CA.Gov Websfte Showing Alcohol Outlets irl National City '[ha South Bay Commundy Change Project is a project of the lneti ute fur Public Sirategies and is funded by the San Diego County Heaflh and Human Services Agency Page 2 of 3 Mailing Address: 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org Tra Off -Sale On -Sale Census Tract 0032.04 Establishment is within this tract Allowed: 1 Actual: 1 Number Above/Below Allowable: - Allowed: 4 Actual: 6 Above/Below: +2 Neighboring Census Tracts Tract 0122.00 Allowed: 4 Actual: 4 Number Above/Below Allowable: Allowed: 4 Actual: 6 Above/Below: +2 Community Input In speaking with Mr. Dan McBride, the General Manager of the AMC Theatre in Plaza Bonita, he let us know that the following could be the precautions taken to prevent underage drinking; 1) Theatre Monitoring — security personnel or theatre staff will monitor individual theatres a minimum of once every 30 minutes, 2) Certified Server Training — Each staff member of the theatre will undergo Training for intervention Procedures (TIPS), a nationally recognized program for alcohol servers, 3) Mystery Shopper Program — a mystery shopper program conducted by an outside firm is utilized to ensure all AMC employees are following company alcohol control policies., 4} Hours of Operation — AMC proposes to sell alcohol during the following hours; Monday - Thursday: 10:30 a.m. — 10:30 p.m. and Friday — Sunday: 9:00 a.m. —11:00 p.m. Considerations The Crime Rate is unknown for this location. A follow up request for this information from personnel within the City of National City, may result in obtaining the crime rate for this location. As alcohol beverages will be allowed to be taken into the theatres where minors will be present, a plan by AMC 14 Plaza Bonita needs to be in place to ensure that alcohol sharing doesn't occur in order to reduce the risk of youth access to alcohol. The South Bay Community Change Project is a project of the Institute for Public Strategies and is funded by the San Diego County Hewitt and Human Services Agency Page 3 of 3 Mailing Address: 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www,publicstrategies.org / • *Nina-0'240R CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY" BLVD., NATIONAL IONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT AMERICAN MULTI -CINEMA (AMC) LOCATED AT WESTFIELD PLAZA BONITA. CASE FILE NO.: 2014-19 CUP APN: 564-472-09 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, January 12, 2015, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: American Multi -Cinema) The applicant is requesting to sell beer, wine, and cocktails for on -site consumption. Proposed hours of alcohol sales are 10:30 a.m. to 10:30 p.m. Monday to Thursday, and 9:00 a.m. to 11:00 p.m. Friday to Sunday. 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., January 12, 2015, who can be contacted at 619-336-4310 or planning@nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Executive Director December 30, 2014 Mr. Brad Raulston Executive Director National City Planning Department 1243 National City Blvd. National City, CA 91950 Dear Mr. Raulston: This is just to state my disapproval of allowing American Multi -Cinema to sell beer, wine, and cocktails far on -site consumption at the Westfield Plaza Bonita Mall. 1 am assuming you are considering this as a means to collect more revenue for the City of National City for 1 can't imagine why you would consider this. Any family person would not want to take their children or themselves or allow their teenagers to a movies or a mall where people are drinking alcohol or drunk. The restaurants are outside the mall and that is a different situation. This mall has been going downhill for the past several years and is attracting the poorest people in the area. They come there because they have no money to shop with but to have their children play on the little children's play park in the mall, while their parents use the shops as a free museum to look at what is in style etc. 50% or more of these people do not have money. They are poor and depressed and angry. if they can buy a ticket and drink to overcome their depression they will. The mall has been poorly managed for some time now. The big Westfield Sign hasn't worked for months. During Christmas there were three robberies In one night and this was all over the news for days about a jewelry store that was robbed, the train station was robbed and another robbery. Many of the outdoor lights were not working for the holidays. The history of this mall is that at one time it was considered so unsafe because of gangs, that people were afraid to come there. !f you go on-line, you can read about how bad it was years ago and there are many reviews telling how unsafe it was. This is not Del Mar Plaza where they have the new theater where you can purchase cocktails and have dinner. The residents of Del Mar have plenty of money and ran afford an expensive meal and enjoy wine and cocktails. The people at this moll would drink to escape and the guys over2l that haunt these malls because they have nothing else to do, and can't get jobs would drink to escape. So no, 1 think it is a very bad idea and the City should look at a way to make jobs for the people and raise the wages so people could have a better lifestyle than to go to the movies to drink. in Japan, they call them the lost generation because they can't get jobs and all they do is go to the theatres in the mall and drink all day. Cordially, 6 Destiny Carlson L RECEIVED JAN U5205 / d� 4. �#ALI#011#(1A,. . •.itioloNAL..rtirjr 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: 2014-19 CUP Project Location: 3050 Plaza Bonita Road, 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 the sale of beer, wine, and distilled spirits in conjunction with concessions at an existing movie theater. Applicant: America Multi -Cinema, Inc. 11500 Ash Street, Leawood, KS 66211-7804 Exempt Status: Telephone Number: (913) 213-2461 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 a movie theater, which is within a regional shopping mall. Date: MARTIN REEDER, AICP Principal Planner AMC 14 Plaza Bonita Project Description — CUP Application for the On -Site Sale of Alcohol Request American Multi -Cinema, Inc. ("AMC" or the "Applicant") requests a Conditional Use Permit pursuant to National City Municipal Code Sections 18.12.110 and 18.30.050 to permit the sale of alcoholic beverages for on -site consumption at the existing AMC Plaza Bonita 14 ("AMC 14 Theatre") in the Westfield Plaza Bonita shopping center. The AMC 14 Theatre is located at 3050 Plaza Bonita Road, National City, California 91950 (the "Site"). The proposed sale of alcohol will be incidental to existing food sales at the AMC 14 Theatre, and will allow for the consumption of alcoholic beverages in conjunction with expanded food options. Project Description orurrs,Inc art 1 E F'iir-LA C'rnp riy 4 ti 'r'Vestfit1Li Roma ,r'` '+ t _ if Page i of 8 American Multi -Cinema, Inc. Conditional Use Permit Application October 2014 AMC proposes to allow on -site alcohol sales at the existing AMC 14 Theatre (the "Project"). Pursuant to National City Municipal Code ("NCMC") Sections 18.12.110 and 18.30.050, a conditional use permit ("CUP") is required for the Project. The Project also requires a Type 47 On -Sale General Eating Place alcohol license ("Type 47 License") from the California Department of Alcohol Beverage Control ("ABC"), which authorizes the sale of alcohol at eating places which make actual and substantial sales of meals for consumption on the premises (a "bona fide eating place"). All AMC movie theatres in California that currently sell alcoholic beverages have been issued a Type 47 License. The Project does not propose any external modifications, increases in square footage, or changes that would otherwise increase parking requirements. The General Plan designation for the Site is Major Mixed -Use, which is characterized by higher density and intensity development with an urbanized, community center -type character. (General Plan, Land Use Element at 3-21.) The Site is likewise zoned Major Mixed -Use District (MXD-2), which supports the creation of mixed -use districts that serve as primary activity centers within National City. MXD-2 districts are contemplated to function as twenty-four hour neighborhoods for residents, workers, and visitors, with housing, employment, retail, and recreational uses located in close proximity to one another. (NCMC § 18.24.020(D).) The PAD-2 district permits, with a CUP, alcohol sales for on -site consumption as an accessory use to eating places. (NCMC § 18.24.050.) The Westfield Plaza Bonita is currently 981,511 square feet, with the AMC 14 Theatre occupying approximately 60,736 square feet. The Westfield Plaza Bonita currently has approximately 4,400 parking spaces. The Project proposes the sale of alcohol at the AMC 14 Theatre. It does not propose any increases in square footage, external renovations, or other changes that would increase parking requirements. The Project would expand food offerings at the AMC 14 Theatre, and incorporate the sale of alcoholic beverages to adult patrons in a separate area, MacGuffins. All alcohol sales will take place at MacGuffins, AMC's designated alcohol sales concession area, and alcohol sales will be incidental and complementary to concessions sales. MacGuffins will provide adult moviegoers with proper identification the ability to order alcoholic beverages (beer, wine, or spirits) which they may then take to their auditorium seats. With the Project, AMC seeks to create an entertainment environment attractive to adult patrons. The movie theatre industry is currently undergoing a noteworthy transition period. Because of the advent and proliferation of Netflix, Redbox, and other new sources of entertainment, traditional movie theatres are facing significant challenges and must work to reinvent themselves. Key to winning back those patrons that have opted for other entertainment options — especially adults — is the creation of a more up -scale movie experience through the provision of services and amenities beyond those customarily associated with most existing theatres. The sale of alcoholic beverages and expanded food options at the AMC 14 Theatre would increase the attractiveness of the theatre, and in turn, the Plaza Bonita shopping center. American Multi -Cinema, Inc. Conditional Use Permit Application October 2014 Page 2 of 8 Hours of Operation The hours of operations are as follows: • Monday — Thursday: 10:30 a.m. to 2:00 a.m. • Friday — Sunday: 9:00 a.m. to 2:00 a.m. AMC proposes to sell alcohol during the following hours, subject to any regulations which limit the sale of alcohol to certain times: o Monday — Thursday: 10:30 a.m. to 10:30 p.m. • Friday — Sunday: 9:00 a.m. to 11:00 p.m. Number of Employees The AMC 14 Theatre will employ approximately 44 part-time employees and 10 full- time managers and supervisors. Neighboring Uses The AMC 14 Theatre is at the southern end of the Westfield Plaza Bonita. The Site is bordered to the south by the Westfield Plaza Bonita parking lot and then open space, Interstate 805, and residences; to the west by open space and Interstate 805; to the north by much of the mall, open space, State Route 54, and residences; and to the east by the mall parking lot and residences in National City and the City of Chula Vista. The National City Zoning Map designates the surrounding uses as Open Space, Small Lot Residential, and Medium -Low Density Multi -Unit Residential. A substantial parking lot, which rings the Westfield Plaza Bonita, separates the shopping center from the neighboring uses and structures. There are no schools within 660 feet, or other establishments with alcohol sales within 500 feet (excluding restaurants). Findings as Required by NCMC § 18.11110 1. 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. The Site is zoned Major Mixed Use District (MXD-2). Pursuant to NCMC § 18.24.050, the MXD-2 zone permits, with a conditional use permit, the sale of alcoholic beverage for on -site consumption as an accessory to eating places. The AMC 14 Theatre is an eating place, and similar AMC theatres have been recognized as such by the Department of Alcoholic Beverage Control because they make actual and substantial sales of meals for consumption on the premises. Thus, as discussed above, the ABC licenses theatres pursuant to a Type 47 License. American Multi -Cinema, Inc. Conditional Use Permit Application October 2014 Page 3 of 8 2. The proposed use is consistent with the General Plan and any applicable specific plan. The Site is designated Major Mixed -Use in the National City General Plan. The Major Mixed -Use designation provides for a broad variety of uses, including low to mid -rise multiple - family dwellings, retail, restaurants, personal services, professional and administrative offices, public and quasi -public uses, and similar compatible uses. It promotes urbanized, community center -type character by emphasizing community -serving commercial and retail development and multi -family uses. The expansion of food services and the sale of alcohol at the AMC 14 Theatre is in accord with the General Plan, as described below, and will provide a service beneficial to the community by enhancing the entertainment experience at the Westfield Plaza Bonita. The Westfield Plaza Bonita offers individuals an array of shopping and entertainment, but does not provide a theatre that serves alcoholic beverages, a trait attractive to adults seeking a more expansive movie -going experience. As more people patronize the AMC 14 Theatre, it is expected that moviegoers will also enjoy the other opportunities present at the Westfield Plaza Bonita and throughout the City, thus promoting community -serving commercial and retail development which the Major Mixed -Use designation intends to foster. The Project would also be consistent with numerous policies and goals in the General Plan, including but not limited to the following: • Goal LU-2: Goal LU-2 seeks to promote a mix of land uses, including residential and commercial uses, that accommodate the needs of persons from all income groups and age levels. This goal is particularly important because, as the General Plan notes, a "wide mix of land uses will allow residents to meet their needs without traveling long distances." (General Plan at 3-26.) The provision of expanded food options and alcoholic beverage sales at the AMC 14 Theatre is a unique use that is attractive to an array of individuals, but is not currently offered in the City. Therefore, individuals hoping to partake in the experience must go to other theatres outside of the City. • Goal LU-3: Goal LU-3 aims to establish a land use pattern that avoids the creation and continuance of incompatible land uses. The Westfield Plaza Bonita is located in a highly developed area containing a diverse mix of uses, including shopping, entertainment, and restaurants. The sale of alcohol at the AMC 14 Theatre would complement such uses by providing a holistic movie/entertainment experience with diverse food and beverage options. The Westfield Plaza Bonita serves both residents and visitors to the area, and a movie theatre serving alcoholic beverages would add to the viability of the Westfield Plaza Bonita, as well as the surrounding area. There is no specific plan applicable to the Site. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. The overall design, location, and size of the AMC 14 Theatre would not change with the American Multi -Cinema, Inc. Conditional Use Permit Application October 2014 Page 4 of 8 proposed Project. While there would be limited internal renovations to provide space for MacGuffins, the renovation would be minor and would not result in any increase in square footage. There are no proposed changes to the exterior of the AMC 14 Theatre. With respect to the operational characteristics of the proposed Project, alcoholic beverage sales at the AMC 14 Theatre would be compatible with the existing and future land uses in the vicinity. The Site is zoned MXD-2, which is intended to support the creation of mixed -use districts that serve as primary activity centers within the City. (NCMC § 18.24.020.) As an activity center, Westfield Plaza Bonita functions as a shopping and entertainment regional destination for residents, workers, and visitors. Other restaurants in the shopping mall serve alcohol, which is often viewed as an expected amenity in connection with the consumption of food. The sale of alcohol at the AMC 14 Theatre would complement such uses by providing a holistic movie/entertainment experience with diverse food and beverage options and contributing to the creation of an activity center environment. The CUP for the sale of alcoholic beverages for on -site consumption inside the existing AMC 14 Theatre will be consistent with the services currently available to area residents and visitors, and will also be a valuable addition by expanding the entertainment options at the Westfield Plaza Bonita. Therefore, the Project will be proper in relation to adjacent uses and will contribute to the development and vitality of the commercial district in which it is located. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The sale of alcohol and expanded food options would enhance existing uses at the AMC 14 Theatre, namely movie -viewing and restaurant services, for which the Westfield Plaza Bonita is physically suitable. The AMC 14 Theatre currently exists at the Westfield Plaza Bonita, a shopping center that includes numerous entertainment and restaurant options, and has the infrastructure — extensive access and parking — available to accommodate such uses. As the Project does not propose any exterior renovations to the existing theatre, there are no physical constraints that would make the Site unsuitable for the Project. The City has determined that the Westfield Plaza Bonita is a location which is physically suitable to support the sale of alcohol at restaurants and entertainment establishments. For example, both Red Robin and John's Incredible Pizza Company are restaurants permitted to sell alcohol within the Westfield Plaza Bonita. Like both of those restaurants, alcohol sales at the AMC 14 Theatre will be ancillary to the existing food service and theatre uses, both of which are accommodated by the physical characteristics of the Westfield Plaza Bonita. 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. A CUP for the sale of alcohol at the AMC 14 Theatre would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to the community. As discussed above, the sale of alcoholic beverages at the AMC 14 Theatre will be non - disruptive to the character of existing development and is consistent with the Site's zoning (a American Multi -Cinema, Inc. Conditional Use Permit Application October 2014 Page 5 of 8 mixed -use district that serve as a primary activity center) and General Plan designation (an urbanized, community center -type character that emphasizes community -serving commercial, retail development and multi -family uses). In addition to providing additional entertainment options to area residents, the sale of alcohol and expanded food options at the AMC 14 Theatre would be beneficial to the community by enhancing the attractiveness of the Westfield Plaza Bonita and surrounding area as places for commercial investment. The Site is physically suitable for the Project because it has the facilities necessary to accommodate the primary uses of the AMC 14 Theatre, which would not be changed by the Project. The Project does not propose any physical changes to the exterior of the existing movie theatre that could negatively impact adjacent properties or the surrounding neighborhood. The Project will also not result in any health or safety impacts that would be injurious to persons or property. The Site is located in Crime Reporting District Beat No. 23, which is not designated as a "high crime reporting district" 1. AMC considers the safety and security of its patrons to be paramount and has adopted operational alcohol policies designed to ensure the overall safety of the movie -going experience and compliance with local, state, and federal regulations. AMC's alcohol control policies include the following mechanisms to safeguard the safety and security of all patrons: • Age Restriction/Identification Required for Purchases — In connection with the sale of alcohol, associates must require positive proof of age from all guests regardless of age. • Identification Required for Possession — Any patron in possession of an alcoholic beverage who appears to be under the age of 21 will be required to show valid identification. • Zero Tolerance for Minors in Possession — If any minor is found to be in possession of an alcoholic beverage, the theatre's manager must be notified immediately and law enforcement will be called. a Distinctive Glassware — Alcoholic beverages will be served in distinctive glassware to differentiate from glassware containing non-alcoholic beverages. • Glassware Size — Glasses for beer and cocktails are a standard 16 ounce size, while glasses for wine are 10 ounces. Because a 16 ounce glass is used for cocktails, yet only one shot of alcohol is poured per glass, the amount of alcohol relative to the non- alcoholic cocktail mix significantly reduces the risk of intoxication compared to other establishments that sell alcoholic beverages. 1 A "high crime reporting district" is a district which has a 20% greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency. American Multi -Cinema, Inc. Conditional Use Permit Application October 2014 Page 6 of 8 • Certified Server Training — Each staff member of the theatre will undergo Training for Intervention Procedures (TIPS), a nationally recognized training program for alcohol servers. Upon hire, all sales employees are required to sign a form acknowledging that failure to follow AMC's rules, policies, and procedures provided in the alcohol control plan will lead to immediate disciplinary action, up to and including termination. Because they all receive training, all AMC staff members are charged with supervising the consumption of alcohol throughout the theatre and auditoriums. • Mystery Shopper Program — A mystery shopper program conducted by an outside firm is utilized to ensure all AMC employees are following company alcohol control policies. The mystery shopper program is centered around a zero tolerance threshold. Any employee who is found to violate AMC's alcohol control policies is terminated. • Hours of Operation — AMC will comply with all local and state regulations for the cutoff of alcohol sales. • Continual Theatre Monitoring — AMC requires security personnel or theatre staff to monitor individual theatres a minimum of once every 30 minutes. All persons who monitor theatres are required to undergo TIPS training, which provides them with the skills necessary to identify and deal with underage drinking or inappropriate behavior. • Alcohol Compliance Monitoring — Whenever MacGuffins is open, a manager must oversee operations and observe the flow of guests and bartender execution. No non- alcoholic beverages are sold at MacGuffms to facilitate the observation of guests purchasing alcohol. • Intoxicated Guests — In the event a guest appears intoxicated, a manager must be notified immediately. The following steps must be taken to ensure the issue is appropriately addressed: (1) remove the guest from the auditorium, (2) ask the guest not to leave the building, (3) diffuse the situation by providing water and food, (4) make alternative arrangements for the guest to get home, (5) monitor the guest's location, and (6) notify law enforcement if the guest insists on leaving. Likewise, ABC has standard licensing conditions which would strictly define the nature of alcohol sales at the AMC 14 Theatre. These conditions include limitations on the size of alcoholic beverages, limits on the number of alcoholic beverages that can be sold per transaction, and regular monitoring of activity within the theatres. Specifically, the ABC conditions include the ollovwing, among others: • Alcohol Service — All sales and service of alcohol for consumption shall be made only from concession stands, portable stands or bars, or fixed bars, and shall not be sold, served, or delivered to customers. American Multi -Cinema, Inc. Conditional Use Permit Application October 2014 Page 7 of 8 • Number of Drinks — No more than two (2) alcoholic beverages shall be sold or served to any one (1) person during any transaction. Finally, AMC employs security guards to ensure the safety of patrons and to prevent the sale of alcohol to minors and intoxicated persons. AMC's uniformed security guards work at all theatre entrances and exits during peak hours, and AMC will adjust security schedules as necessary depending on volume and show schedules. The sale of alcohol at theatres is no longer uncommon, and AMC has been successfully operating theatres that incorporate alcohol service for more than ten years. Currently, approximately 85 AMC locations include a MacGuffins. AMC's experience demonstrates that the sale of alcohol does not contribute to any behavior that may be detrimental to the public welfare. The AMC theatres which include a MacGuffins, for example, have not seen any increases in negative incidents after the introduction of alcoholic beverage service. AMC attributes this to a number of factors. First, as adult moviegoers increasingly attend the more up- scale movie theatres that sell alcohol, those individuals that would have patronized the theatre and caused trouble or other undesirable activity are deterred from attending. Second, the consumption of alcohol at theatres is not necessarily a "social" experience as it is in bars and the cost of alcoholic beverages at theatres is higher than at other alcohol serving establishments; thus, AMC's theatres do not attract people whose primary goal is to drink alcohol. Finally, moviegoers patronize theatres primarily for the movie viewing experience, not to purchase alcoholic beverages. AMC has discovered that individuals who purchase alcoholic beverages generally do not habitually return to purchase more after the showing begins because they, quite simply, do not want to miss any of the movie. In that vein, AMC's nationwide average for alcoholic beverages is just 1.1 drinks per person who purchases alcohol. According to the ABC, four (4) on -site licenses are authorized for Census Tract No. 32.04, the census tract within which the Westfield Plaza Bonita is located. Currently, there are six (6) active licenses issued for Census Tract No. 32.04. While the number of licenses exceeds the Census Tract allocation, the actual number is consistent with (if not lower) than the number of licenses that are normally associated with regional shopping malls. Because of the retail offerings in the area, there is significant demand for quality dining establishments within the Census Tract. Because patrons to the area expect restaurants to serve alcohol, there are likewise a similarly larger°number of alcoholic beverage licenses. Therefore, although the number of on - site licenses exceeds the amount authorized for the census tract, the sale of alcohol and expanded food options at the AMC 14 Theatre is compatible with the surrounding uses and will provide a highly desired service to area residents. 6. The proposed proiect has been reviewed in compliance with the California Environmental Quality Act. The Project does not propose any modifications which could result in environmental impacts. As a result, the Project is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15061 ("no possibility that the activity ... may have a significant effect") and/or 15301 ("existing facilities"). American Multi -Cinema, Inc. Conditional Use Permit Application October 2014 Page 8 of 8 AMC's Alcohol Compliance • Provers Measures Based Upon0.. — Experience — Best Practices — Established State Licensing Requirements • MacGuffins — 74 IV.acGuffins locations nationwide (and canting...) WARM OWYP COMPANY AMC's Alcohol Compliance • Specific Measures — Card Everyone — Identification Required for Possession — Zero Tolerance Policy — Distinctive Glassware — Certified Server Training (TIPS - Training for Intervention Procedures) — Mystery Shopper Program — Continuous Theatre Monitoring — Age Restrictive Signage — Lockable Storage Areas *AN 61,47W CdMMN% MacGuffins Tustin 14 at the District 11 MacGuffins —Tustin 14 at the District 11 : u. ...nu wrt..4 iii ik MacGuffins —Tustin 14 at the District If �r MacGuffins —Tustin 14 at the District IC MAcGUF F INS LOUNGE RESOLUTION NO. 2015-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT AMERICAN MULTI -CINEMA (AMC) LOCATED AT WESTFIELD PLAZA BONITA.CASE FILE NO. 2014-19 CUP APN: 564-472-09 WHEREAS. the Planning Commission of the City of National City considered a Conditional Use Permit for alcohol sales at American Multi -Cinema (AMC) located at Westfield Plaza Bonita at a duly advertised public hearing held on January 12, 2015, 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. 2014-19 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on January 12, 2015, 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 the site is zoned Major Mixed --Use District (MXD-2), which allows the sale of alcoholic beverage for on -site consumption as an accessory use to eating places subject to a CUP. 2. That the proposed [use is consistent with the Genera! Plan and any applicable specific plans, since alcohol sales are permitted, subject to a Conditiona; Use Permit, by the Land Use Code, which is consistent with the General Plan: and since alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed -Use District zone. 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 there are five other restaurants at the Westfield Plaza Bonita that sell alcohol, and since no increase in square -footage would occur. 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 although there would be limited internal renovations to provide space for MacGuffins, the renovation would be minor and would not result in any increase in square footage and no expansion of the building is proposed. b. 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. Furthermore, the business will have multiple alcohol control policies in place. 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 movie theater, an established and allowed use in the Major Mixed -Use District zone. 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, wine, and distilled spirits at AMC Plaza Bonita 14 Theater located at Westfield Plaza Bonita at 3050 Plaza Bonita Road. Plans submitted for permits associated with this project shall conform to Exhibit A, case file no. 2014-19 CUP, dated 10/23/2014. 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. 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 Attomey and signed by the Executive Director prior to recordation. Planning 7. The sale of alcoholic beverages shall be limited to between the hours of 10:30 a.m. and 12:30 a.m. daily. 8. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including al! 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. 9. 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. 10. Alcohol shall be available only in conjunction with the purchase of food. 11. 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. 12.AII practices as specified in the application materials for Case File No. 2014-19 CUP shall be implemented and maintained prior to and during alcohol sales. Said practices shall include, but not be limited to: • Valid identification check prior to alcohol purchase, regardless of age. • Valid identification required for possession of alcoholic beverages. • Zero Tolerance Policy. • Distinctive glassware for alcoholic beverages. • Certified Server Training (TIPS — Training for Intervention Procedures). • Mystery Shopper Program. • Continuous theatre monitoring at least every 30 minutes per theatre. • Age restrictive signage. • Ail alcohol products shall be contained in locked storage areas outside n approved sales hours and when sales area not staffed. Police 1 Pormifrtee shall comply rrith ail regulator/ 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 January 12, 2015, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Alvarado, Bush, DelaPaz, Flores Pruitt, Garcia Baca 4CHON Not to Scale SITE PLAN AMC Plaza Bonita 14 Theatre 3050 Plaza Bonita Road, National City, CA 91950 1 " 16§ Not to Scale Z rim e 1I8IHX3 SITE PLAN DETAIL AMC Plaza Bonita 14 Theatre 3050 Plaza Bonita Road, National City, CA 91950 MN 'Mill v3JY O r oanNo3 OtioiONvl r3ur noI1olt153H NO1ss DNOO 06 SHT 1 a0 TzTIA. REMAINDER OF PAR 2 gSHOWN ON PG 47 SHT 1 SITE MAP 10337 - PLAZA BONITA SHOPPING CENTER SAN CIEGO COUNTY ASSESSOR'S MAP 564 - 47 SHT 2 OF 2 1" = 200' 08/22/2013 JGD 570-010 Avow 08/22/13 8 .4V from. -020 CHANGES 01X PRIOR APV NEW APN YR CUT NO 472 01 8/RU 03 82 308 01 04 8 05 01 1698 05 I011 14 1448 O-477-03 2, R f0 06 MU 09 14 1449 * UPPER UMIT ELEVATION OF PAR 4 EQUALS 57.48. SEE PM21044 FOR ISOMETRIC VIEW ASSESSOR PARCEL MAP — 564-427-08 AMC Plaza Bonita 14 3050 Plaza Bonita Road, National City, CA 91950 MacGuffins CONSULTAATS: aPNO.EaCTmc FOR: JLI•: IWL7T. �. E�•cw pG4EL0 Kam r 1 PRomtio 14 T11rATRES aaorelnoraw• PT.AZA •O/4 A 144*UI ON OCIONA , gumming! 4 ti94911Y1211r4• iih ISyVE WFQNLATION: DATE IHFCMEATION: F9 04-12-07 EON TENANT RATS OB-10-07 ION IDUNI VATS 11-1-07 SHEET INFORMATION: PROJECT NO.: »3-187-C SCALE 3(3?-T-0 dd 90.7E Awl 10, 2OQ7 SHEET RTI,[: OVERALL iDINLEVA gTlnl SWEET HO,: FLOOR PLAN AMC Plaza Bonita 14 Theatre 3050 Plaza Bonita Road, National City, CA 91950 I � - d irk + +4 t. * u L111311111 ;11202111A11111 Illare. . . "ImPF =Mill Ng - a , F. II _ Lr y4 FLOOR PLAN DETAIL AMC Plaza Bonita 14 Theatre 3050 Plaza Bonita Road, National City, CA 91950 CC/CDC-HA Agenda 2/3/2015 — Page 199 The following page(s) contain the backup material for Agenda Item: Notice of Decision — Planning Commission approval of a Conditional Use Permit for a charter school in National City Plaza at the northwest corner of Euclid and Division Avenues. (Applicant: Diego Valley Public Charter, Inc.) (Case File 2014-21 CUP) (Plann CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 3, 2015 AGENDA ITEM NO. ITEM TITLE: !Notice of Decision Planning Commission approval of a Conditional Use Permit for a charter school in National City Plaza at the northwest corner of Euclid and Division Avenues. (Applicant: Diego Valley Public Charter, Inc.) (Case File 2014-21 CUP) PREPARED BY: :Martin Reeder, AICP DEPARTMENT: ;Pia etir►►e i336-43 1 3 r nury �. EXPLANATION: the half -acre parcel is developed with an 8,005 square -foot building and is located at the northwest corner of Division Street and Euclid Avenue. The parcel is part of the larger 6-acre National City Plaza Shopping Center. The applicant proposes to operate a charter school 6,570 square feet of the building. The school would operate from Monday to Friday, between the hours of 8:00 a.m. and 5:00 p.m. Classes are on a one- on-one/hourly basis; with 24 to 30 people in the building at any one time (based on peak enrollment). Students will range from ages 14 to 19 years old and are generally at risk of not graduating due to a variety of issues. A nnriaNsimrt nv. e`tr"f RAJ GY v1. Planning Commission conducted a public hearing on January 12, 2015. Commissioners asked questions regarding business operations, performance data, security, public outreach, and conditions of approval. The Commission voted to approve the Conditional Use Permit based on required findings and sub'ect to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) ORDINANCE: INIIRU UC1ION: STAFF RECOMMENDATION: [Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed.: BOARD / COMMISSION RECOMMENDATION: I'he Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Bush, DelaPaz, Flores, Garcia, Pruitt Absent: Baca: FINAL ADOPTION: C Finance MIS ATTACHMENTS: Location Map 3. Resolution No. 2015-02 Planning Commission Staff Report 4. Reduced Plans Euclid Ave Title: Item no. 6 January 12, 2015 rAT1ONA L el vr :matt 1NconeoaterED CITY OF NATIONAL CITY * PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 31950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A CHARTER SCHOOL IN NATIONAL CITY PLAZA AT THE NORTHWEST CORNER OF EUCLID AND DIVISION AVENUES. Case File No.. 2014-21 CUP Location: 2 North Euclid Avenue, suites A, B, C, & E. Assessor's Parcel No: 552-283-12 Staff report by: Martin Reeder, AICP Principal Planner Applicant: Diego Valley Public Charter, Inc. Property owner: National City Plaza, LLC Zoning designation: Minor Mixed -Use District (MXD-1) Adjacent land use/zoning: North: Shopping center f MXD-1 East: Residential across Euclid Ave. / Small -Lot Residential (RS-2) South: Residential across Division St. / Small -Lot Residential (RS-2) West Shopping center / MXD-1 Environmental review: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) Staff recommendation: Approve BACKGROUND Site Characteristics The approximately half -acre parcel is located at the northwest corner of Division Street and Euclid Avenue. The parcel is part of the larger National City Plaza Shopping Center, which is an approximately 6-acre property. The lot is developed with an 8,005 square -foot building currently comprised of five suites. There is a 250-space parking lot with landscaping along the street frontages. Proposed Use The applicant is proposing to operate a charter school in four existing suites in National City Plaza. The area to be used would be 6,570 square feet in size. The school would operate from Monday to Friday, between the hours of 8:00 a.m. and 5:00 p.m. Peak enrollment would potentially be 200 students. However, classes are on a one-on-one and hourly basis; therefore, only 24 people would be in the building at any one time (based on peak enrollment). The students will range from ages 14 to 19 years old. Typical students are those that are at risk of not graduating due to a variety of issues that include social/emotional issues, bullying/fear of safety, health challenges, behavior problems, credit deficiencies, low performance, or special scheduling needs. Analysis A school is permitted in the MXD-1 zone with the issuance of a Conditional Use Permit (CUP). Concerns with educational uses usually focus around traffic and parking issues. Given that this would be a small-scale and atypical school setting that would not cater to as many students as a traditional school campus, these concerns would not be as prevalent. The charter school concept in this case provides students with a non-traditional setting, which includes teachers accredited by the State of California, curriculum mandated by the State of California, appropriate material to accompany curriculum, and a facility referred to as a "Resource Center". Students typically attend for one to two hours a week to fulfill their educational responsibilities. The student base is on average at -risk or low income adolescents between the ages of 14 and 19, of which 80% are expected to use public transportation. All school activities will occur within the enclosed building and no recreation activities or facilities are needed. Therefore, the use of the property will be similar to the activity of an office or light commercial use, and will not compromise the pedestrian retail corridor. The program offers an opportunity for youths, who otherwise would not attend a traditional high school due to economic or medical hardship, the opportunity to achieve a general education and diploma recognized by the state of California. Proposed hours of operation would be Monday through Friday from 8:00 a.m. to 5:00 p.m. Students will see their teacher/tutor on a scheduled appointment time. There will be two shifts of instructors at the site; shift one from 8:00 a.m. to 12:00 p.m. and shift two from 12:00 p.m. to 5:00 p.m. Each teacher is scheduled to see one student per hour. In addition to teaching staff, there would also be a support staff of approximately 3 employees for every 150 students enrolled. Once peak projected enrollment is reached, approximately 8 teachers, 12 students, and 4 support staff (24 in total) can be expected to be at the Resource Center (school) at any one time. With expected overlap of students coming, going, and those potentially involved in independent study, there may be as many as 30 people in the building at a time. However, peak enrollment is not expected immediately. The majority of the program is free to students. Funding is received from the State of California Although not traditionally found in shopping centers, charter schools have been locating in other commercial developments more in recent times. A recent CUP in 2012 approved a charter school in Westfield Plaza Bonita. Several other area malls also have charter schools. Traffic & Parking The center has adequate parking and access to arterial streets and treeway. According to SANDAG trip generation data, a 6,570 square -foot school would generate approximately 100 average daily trips (ADT). The same sized area devoted to a commercial use could be expected to generate approximately 525 ADT. Access to and from the area is provided by Euclid Avenue and Division Street, both arterial streets. Therefore, no traffic issues are anticipated; the existing road network is more than capable of handling the additional traffic generated by the school. In addition, information provided by the applicant suggests that the majority of students would arrive via public transit; therefore, little impact is anticipated over what a comparably -sized commercial business would generate. Department Comments Comments were received from the Police Department with concerns over potential loitering at the site. They recommend "No Loitering" signs and compliance with the California Education Code, which holds schools accountable for student behavior when traveling to and from school. The applicant has also iterated that this accountability is standard operating procedure, as well as being mandated by the property management. The Police comments have been included as Conditions of Approval. Standard Building and Fire Code conditions are also included, as well as a condition requiring proof of all local, state and/or federal permits necessary for operation of the charter school be provided prior to operation. CEQA compliance The proposed project has been reviewed in compliance with the California Environmental Quality Act. Staff has 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. The use will be conducted within an existing building and will generate less traffic and parking demand than the same space devoted to a commercial use, which was previously approved and found in compliance with CEQA. Summaiy The proposed educational use is consistent with the Land Use Code with the approval of a Conditional Use Permit. Although not a typical commercial use associated with a shopping center, Conditions of Approval will help to ensure that the business operates in harmony with existing uses in the area. Poteniiai parking impacts are rrliniillal since the site is within an existing shopping center and that adequate parking is available on site. Police Department concerns have been addressed through Conditions of Approval. OPTIONS 1. Approve 2014-21 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2014-21 CUP based on the attached finding; findings to be determined by the Planning Commission; or 3. Continue the item to a specific date. ATTACHMENTS 1. Recommended Findings 2. Recommended Conditions of Approval 3. Location Map 4. Public Hearing Notice (Sent to 74 property owners) 6. Police Department comments 6. Site Photos 7. Notice of Exemption 8. Business description 9. Exhibit A, Case File No. 2014-21 CUP, dated 11/412014 ifauitAAAA.., MARTIN REEDER, AICP Principal Planner BRAD RAULSTON Executive Director RECOMMENDED FINDINGS FOR APPROVAL 2014-21 CUP, 2 North Euclid Avenue 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, since the site is zoned Minor Mixed -Use District (MXD-1), which allows educational uses subject to a CUP. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, since educational uses are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the Genera! Plan; and since educational uses are a conditionally -allowed use in the Minor Mixed - Use District zone. 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 use will be within an existing commercial suite within a shopping center and since no expansion of the building is proposed. 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 the proposed use will be within an existing commercial suite within a shopping center, since no expansion of the building is proposed, and since sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use is provided by both Euclid Avenue and Division Street, which are arterial streets. 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 use is contained wholly within an existing building, and since the use is consistent with other uses within other commercial centers in the City and in San Diego County. 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 provide a service in need in the area among members of the community seeking to gain a high school education. RECOMMENDED CONDITIONS OF APPROVAL 2014-21 CUP, 2 North Euclid Avenue General d . This Conditional Use Permit authorizes a charter school within suites A, 5, C, and E ai 2 North Euclid Avenue. Except as required by conditions of approvai, aii pians submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2014-21 CUP, dated 11/4/2014. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate hoiders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. 3. 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. 4. 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. Building 5. Any plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, and Mechanical. Fire 6. Any plan 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. Planning 7. The applicant shall provide proof of all local, state and/or federai permits necessary for operation of the Charter School. Proof of said permits shall be provided at time of business license issuance. Police 8. "No Loitering" signs shall be posted and maintained at highly visible areas around the entrances and exits to the school, including the parking area located to the west of the building. 9. Permittee shall comply with all regulatory provisions of the California Education Code Section 44807 related to student conduct on the way to and from school. • CAUlF0RNIA- 'roe . N cirri" CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD.. NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR A CHARTER SCHOOL IN NATIONAL CITY PLAZA AT THE NORTHWEST CORNER OF EUCLID AND DIVISION AVENUES. CASE FILE NO.: 2014-21 CUP APN: 552-283-12 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, January 12, 2015, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Diego Valley Public Charter, Inc.) The applicant is requesting to operate a charter school for students between the ages of 14 and 17. The school would be in operation from 8 a.m. to 6 p.m. Monday to Friday within four suites of the building at 2 North Euclid Avenue, part of National City Plaza. 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., January 12, 2015, who can be contacted at 619-336-4310 or planning(nationaicityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those Issues you or someone else raised at the public hearing described In this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Executive Director NATIONAL CITY POLICE DEPARTMENT DATE: November 20, 2014 TO: Manuel Rodriguez, Chief of Police Martin Reeder, Principal Planner FROM: Robert A. Rounds, Lieutenant Neighborhood Policing Team - I SUBJECT: Police Department response to Conditional Use Permit application #2014-21 for charter school at 2 North Euclid Avenue On November 4, 2014, Diego Valley Public Charter, Inc. applied for a Conditional Use Permit to open a charter school at the National City Plaza shopping center at 2 North Euclid Ave, Suites A, B, C, and E. According to the application, the school will operate Monday through Friday from 8:00am to 6:OOpm. The peak enrollment is anticipated to be about 200 students who will meet with a staff of 16 teachers on a one on one.basis at various times throughout the day. However, Diego Valley Public Charter estimates there will only be approximately 16 people in the building at any given time. Students attending the charter school will range in ages from 14-19 years old. The students attending the school will be those at risk of not graduating from a traditional high school format. The students are expected to have a variety of issues, such as social/emotional issues, bullying/fear of safety, health challenges, behavior problems, credit deficiencies, low performance, and/or special scheduling needs. The National City Plaza shopping center is located at the northwest corner of East Division Street and North Euclid Avenue. Wrigley's grocery store is the shopping center's largest tenant. There is also a drive-thru Mexican food restaurant, a Dollar. Tree store, a men's clothing store, and other miscellaneous stores in the shopping center. It appears from the maps submitted with the C.U.P. application (attached) that the charter school would move into the majority of the spaces along the west side of the shopping center. It appears the parking lot is large enough to accommodate the extra vehicles that would be visiting the school. In addition, Diego Valley Public Charter estimates 80% of the students will arrive to the location by public transit. There is a bus stop located along the north side of the 2300 block of East Division Street, which is adjacent to the shopping center. The impact on police services in the area may result in an increase in calls for service to the area from 8:00am to 6:00pm, due to students loitering in the area. Typically, loitering activity is often associated with an increase in thefts, vandalisms, and disturbances. It should be noted that the education plan for the charter school is to offer one on one instruction. Therefore, the students would be directly supervised while inside the school. They would be unsupervised 1 C.U.P. #2014-21 Police Dept. Response Page 2 of 2 while arriving and leaving the school. Based on the education plan, it appears students will arrive and leave the school in small numbers at various times throughout the day. 1 recommend the following conditions be placed on Diego Valley Public Charter if this C.U.P. is granted: 1. Diego Valley Public Charter to ensure "No Loitering" signs are posted and maintained at several highly visible areas around the entrances and exits to the school, including the rear parking area located to the west of the buildings. 2. California Education Code Section 44807 states that every teacher in the public schools shall hold pupils to a strict account for their conduct on the way to and from school. Therefore, Diego Valley Public Charter teachers are responsible for monitoring the conduct of the students arriving the leaving the area of the shopping center. 2 2014-21 GUI- 2 N. Euclid Ave. — Charter Schoo. Site Photos Looking southwest from Euclid Avenue Looking northeast from Division Street `j+ N► l" _ „ 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: Project Location: Contact Person: 2014-21 CUP 2 North Euclid Avenue, National City, CA 91950 Martin Reeder, AICP Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a charter school within 6,570 square feet of an existing commercial building in a community shopping center. Applicant: Diego Valley Public Charter, Inc. 42455 10t" Street West, Suite #105 Lancaster, CA 93534 Exempt Status: Telephone Number: (661-272-1225 Categorical Exemption. Class 1 Section 15301 (Existing Facilities) Reasons why r�jec .:s e a e:pt: There is no possibility that the proposed use will have a significant impact on the environment since the facility wiii not result in the expansion of an existing use. The school will operate within an existing building without the need for expansion or intensification of use. Date: MARTIN REEDER, AICP Principal Planner DIEGO VALLEY PUBLIC CHARTER To Whom It May Concern; Our unique charter concept is a not for profit organization that offers a personalized education program for students who need an independent studies approach in meeting their academic needs. Our program offers the flexibility demanded by students who are seeking an alternative to the traditional school structure. We provide students with a non-traditional setting which includes teachers accredited by the State of California, curriculum mandated by the State of California, appropriate material to accompany curriculum, and a facility referred to as a "Resource Center" which students attend to fulfill their educational responsibilities. Because the Resource Center does not provide classroom instruction for 80% or more of the student's instructional time, it cannot be classified as a school site as per Educational Code 47612.5.3e. We are chartered through Julian Union School District. The student base is on average at -risk or low income adolescents between the ages of 14-19, of which 80% are expected to use public transportation. All school activities will occur within the enclosed building and no recreation activities or facilities are needed. Therefore, the use of the property will be similar to the activity of an office or light commercial use. Our independent study program is in the best interest of public convenience and necessity because it offers an opportunity for youths who otherwise would not attend a traditional high school due to economic or medical hardship, the opportunity to achieve a general education and diploma recognized by the state of California. Our program takes great pride in providing students a Resource Center that has the look and feel of a friendly business office. Students are treated with the same professionalism they notice in the appearance of the facility they attend. It is in the Resource Center that students have a predetermined appointment, every week, with their designated teacher to submit and discuss previous assignment, have assignments evaluated, receive new assignments and participate in assessments. These weekly meetings between teacher and student are designed to last approximately one hour. The assignments themselves (and therefore a large majority of the student's work) are completed at the student's home. We design our Resource Centers with a 25 to 1 student/teacher ratio and we have two separate shifts of teachers each day. If we were to have a student enrollment of 200 we would then have 8 teachers broken up into two shifts, (8am — 1pm and 1pm— 6pm), of 4 teachers per shift. Each teacher is scheduled to see one student per hour, as explained above. 8 teachers: 4 per shift, 4 students per hour (operating 10 hours a day would equal 40 students a day, 200 per week if every teacher saw a student every hour). We also employ a support staff of approximately 3 employees for every 150 students enrolled. At any given time, you could therefore expect to see 4 teachers, 6 students, and 4 support staff inside the Resource Center once our peak projected enrollment is reached. Learn4Life 42455 10" Street West, Suite #105 Lancaster, CA 93534 661.272.1225 RESOLUTION NO. 2015-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A CHARTER SCHOOL IN NATIONAL CITY PLAZA AT THE NORTHWEST CORNER OF EUCLID AND DIVISION AVENUES. CASE FILE NO. 2014-21 CUP APN: 552-283-12 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a Charter School in National City Plaza at the northwest corner of Euclid and Division Avenues at a duly advertised public hearing held on January 12, 2015, 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. 2014-21 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on January 12, 2015, 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 the site is zoned Minor Mixed -Use District (MXD-1), which allows educational uses subject to a CUP. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, since educational uses are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan; and since educational uses are a conditionally -allowed use in the Minor Mixed - Use District zone. 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 use will be within an existing commercial suite within a shopping center and since no expansion of the building is proposed. 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 the proposed use will be within an existing commercial suite within a shopping center, since no expansion of the building is proposed, and since sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use is provided by both Euclid Avenue and Division Street, which are arterial streets. b. 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 use is contained wholly within an existing building, and since the use is consistent with other uses within other commercial centers in the City and in San Diego County. 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 provide a service in need in the area among members of the community seeking to gain a high school education. 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 a charter school within suites A, B, C, and E at 2 North Euclid Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2014-21 CUP, dated 11/4/2014. 2. Before this Conditional Use Perrnit 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. Failureto return the signed and notarized Acceptance Form within 30 days of its receiptshall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall" pay necessary recording fees to the County. The Notice of Restriction shall provide"information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. 3. 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. 4. 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. Building 5. Any plans submitted tor improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, and Mechanical. 6. Any 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. Planning 7. The applicant shall provide proof of all local, state and/or federal permits necessary for operation of the Charter School. Proof of said permits shall be provided at time of business license issuance. Police 8. "No Loitering" signs shall be posted and maintained at highly visible areas around the entrances and exits to the school, includingthe parking area located to the west of the building. g. Pormittee shall comply with all regulatory provisions of the Cal:tornia Education Code Section 44807 related to student conduct on the way to and from school. 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 January 12, 2015, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: Alvarado, Bush, DelaPaz. Flores, Garcia, Pruitt Baca ALL IDEAS, DESIGNS, PLANS, AND SPECIFICATIONS AND OTHER PROJECT DOCUMENTS, INCLUDING ALL DOCUMENTS ON ELECTRONIC MEDIA ARE THE PROPERTY OF TREVIN SCHALL ARCHITECT INC. AND MAY NOT BE REPRODUCED OR USED WITHOUT THE WRITTEN PERMISSION OF TREVIN SCHALL ARCHITECT INC. Oct 17, 2014 - 10:03am Trevin C:\Trevin\Schall Architects\2014 - Schall Architects\2014098 - 2 North Euclid Avenue\2014098 - 10-17-14 Site Plan.dwg Layout Name: Site Plan v\ S 020140" W L 0 0 9 /2 9 N C--- 0121'0" E 48 64' CLHD A V 1 Nt F C m 0 O 31111 133HS DIEGO PLUS EDUCATION 2 NORTH EUCLID AV ENUE NATIONAL CITY, CALIFORNIA 91950 flOZ 'LI. N1300100 � ➢ N f C ��t F a W s F �� 0 C� m 0 o ► o A O m mtio)±::> 01.4 0 O N \ / Na 3wo 0) r w� N J 71 7 8,005 SQUARE FEET 7 ROOF LADDER �_J 1 1- - I LL� Lt._� I 7 11I u EXISTING COLUMNS (TYP. OF 5) NORTH PRINT ON 11x17 PAPER THIS CONCEPTUALINARYREVIEWEIGN IS BASED UPON A PRELIMINARY OF ENTITLEMENT REQUIREMENTS AND ON UNVERIFIED AND POSSIBLY INCOMPLETE SITE AND/OR BUILDING INFORMATION, AND IS INTENDED MERELY TO ASSIST IN EXPLORING HOW THE PROJECT MIGHT BE DEVELOPED. 2 NJ NATIONAL O RT H E U CITY, C L CALIFORNIA I D /fENUE Trsvin M. Schall a c v'Q� acaseta191.S F(619,2&3 ] L Ems`'.`°"' 6InWaYO Rand • PM91 sCHAu rdeg.GtlAGRia9L1AY]� APCMECTS , t„•achcnr» DATE : 06 02 14 DRAWING 2014098 D SCALE 3 32 =1 0 " ALL IDEAS, DESIGNS, PLANS & SPECIFICATIONS Sc OTHER PROJECT DOCUMENTS, INCLUDING ALL DOCUMENTS ON ELECTRONIC MEDIA ARE THE PROPERTY OF TREVIN SCHALL ARCHITECT INC. & MAY NOT BE REPRODUCED OR USED WITHOUT WRITTEN PERMISSION FROM TREVIN SCHALL ARCHITECT INC. © COPYRIGHT TREVIN SCHALL ARCHITECT INC., ALL RIGHTS RESERVED 32'-6i" INFILL W/GLASS TO MATCH EXISTING 2 HOUR RATED DEMISING WALL MEETING 1 WOMEN VINYL FLOOR MEN FLOOR JANITOR VCT BREAK VCT 6,570 SQUARE FEET 1'- 10'-6" 21'-111" 18'-8" RECEPTION 12'- 5" CONFERENCE 17'- 0" 17-0" MEETING 2 MEETING 3 PAINT GRADE DOORS, TYP. 6'x4' WINDOW TYP. 4'x4' WINDOW TYP. CO OFFICE EXISTING COLUMNS (TYP. OF 5) 0 1 12'-0" OFFICE OFFICE 2x4 CORTEGA CEILING TILES CARPET SQUARES, TYPICAL, U.O.N. NORTH PRINT ON 11x17 PAPER THIS CONCEPTUAL DESIGN IS BASED UPON A PRELIMINARY REVIEW OF ENTITLEMENT REQUIREMENTS AND ON UNVERIFIED AND POSSIBLY ' INCOMPLETE SITE AND/OR BUILDING INFORMATION, AND IS INTENDED MERELY TO ASSIST IN EXPLORING HOW THE PROJECT MIGHT BE DEVELOPED. 2 N 0 NATIONAL RTH E U CITY C L CALIFORNIA I D AVENUE Trevin M. Schall P(853)gG{ Pca+ermzaan Ebdb9 abCSune91, rtn°ovaco SCHALL �,aedncmumaaiiaz� 5iT3 a.{6m n�c++erscrs an.tom DATE = 06-17 14 DRAWING A 2014098 /' 3/32"-1'-0" ALL IDEAS, DESIGNS, PLANS & SPECIFICATIONS & OTHER PROJECT DOCUMENTS, INCLUDING ALL DOCUMENTS ON ELECTRONIC MEDIA ARE THE PROPERTY OF TREVIN SCHALL ARCHITECT INC. & MAY NOT BE REPRODUCED OR USED WITHOUT WRITTEN PERMISSION FROM TREVIN SCHALL ARCHITECT INC. ©COPYRIGHT TREVIN SCHALL ARCHITECT INC., ALL RIGHTS RESERVED CC/CDC-HA Agenda 2/3/2015 — Page 222 The following page(s) contain the backup material for Agenda Item: National City Sales Tax Update Newsletter - Third Quarter 2014. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 3, 2015 AGENDA ITEM NO. ITEM TITLE: National City Salec Tax Update Newsletter — Third Quarter 2014 PREPARED BY: Ed Prendell, Budget Analyst PHONE: 619-336-4332 EXPLANATION: DEPARTMENT: Finance APPROVED BY: �/1/41,,, BACKGROUND National City has an on -going contract with Hinderliter, de Llamas & Associates (HdL) for revenue management. Staff meets with a representative of HdL on a quarterly basis to review sales tax data & trends within the City & Statewide. NEWSLETTER SUMMARY Receipts for National City's July through September sales were 2.0% higher than the same quarter one year ago. New auto sales rose 6.2% surpassing countywide trends. However, the drop in used auto sales took a bite out of the autos and transportation group overall. Summer retail sales had great results including department stores, family apparel, electronics/appliance stores, shoe stores and specialty stores. High performance in restaurants and hotels was understated by a taxpayer refund. A partial payment a year ago contributed to the double digit increase in service stations while robust activity in building and construction was inflated by a year ago deduction. Revenues from the city's voter -approved one cent transactions tax, Measure D, generated an additional $2.4 million. Use tax that inflated the year ago quarter accounted for the 0.6% decline. Adjusted for aberrations, taxable sales for all of San Diego County increased 4.9% over the comparable time period, while the Southern California region as a whole was up 5.1 %. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: ty/ Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept and file the newsletter. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: National City Sales Tax Update Newsletter — Third Quarter 2014 Q3 National City In Brief eceipts for National City's July through September sales were 2.0% higher than the same quarter one year ago. New auto sales rose 6.2% sur- passing countywide trends. Howev- er. the drop in used auto sales took a bite out of the autos and transpor- tation group overall. bummer retail sales had great re- sults including department stores, family apparel, electronics/appli- ance stores, shoe stores and spe- cialty stores. High performance in restaurants and hotels was under- stated by a taxpayer refund. A partial payment a year ago con- tributed to the double digit increase in service stations while robust ac- tivity in building and construction was inflated by a year ago deduc- tion. Revenues from the city's voter -ap- proved one cent transactions tax, Measure D, generated an addition- al $2.4 million. Use tax that inflated the year ago quarter accounted for the 0.6% decline. Adjusted for aberrations, taxable sales for all of San Diego County increased 4.9% over the compara- ble time period, while the Southern California region as a whole was up 5.1%. I CALIFORNIA NATIONAL CITY �. Ac0.111,01 r.o National City Sales Tax Update Fourth Quarter Receipts for Third Quarter Sales (July - September 2014) SALES TAX BY MAJOR BUSINESS GROUP $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000 So Autos and Transportation General Consumer Goods Restaurants and Hotels TOP 25 PRODUCERS IN ALPHABETICAL ORDER 1 Arco AM PM Ball Honda Acura Mitsubishi Suzuki Kia Frank Hyundai Frank Subaru Frank Toyota Scion Highland Arco JC Penney Macys Mor Furniture 4 Less Mossy Nissan Nordstrom Rack Perry Chrysler Dodge Jeep Ram Perry Ford Probuild Company Ron Baker Chevrolet Ross South Bay Volkswagen South County Buick GMC Target Tesoro Refining & Marketing Univar Vintners Shell Stations Walmart Wescott Mazda Westair Gases & Equipment Business and Industry Fuel and Service Stations 1. 3rd Quarter 2013 ■ 3rd Quarter 2014 Food and Drugs Building and Construction REVENUE COMPARISON Two Quarters — Fiscal Year To Date 2013-14 2014-15 Point -of -Sale 86,964,010 $7,193,581 County Pool 864,634 904,258 State Pool 3,738 5,225 Gross Receipts $7,832,381 $8,103,065 Less Triple Flip* $(1,958,095) $(2,025,766) Measure D $4,763,425 $4,942,826 *Reimbursed from county compensation fund Published by HdL Companies in Winter 2015 www.hdlcompanies.com 888.861.0220 C o M P A N I E s Q3 2014 National City Sales Tax Update California Overall With payment aberrations removed, local sales tax revenues rose 5.5% over the comparable quarter of July through September 2013. The largest gains were from the countywide use tax pools which have been boosted by the rising shift to online shopping and involve a larger portion of goods shipped from out-of-state. Rising sales from auto dealers and restaurants, high tech Silicon Valley business activi- ties, and Southern California con- struction also contributed. Among general consumer goods, discount department stores, value priced apparel, home goods, pet and personal care products outper- formed other categories. The Impact of Falling Gas Prices on Sales Tax Fuel prices plunged to a 5 year low in December with predictions that expanded North American oil pro- duction, gains in fuel efficiency and a sluggish international economy will sustain lower gas prices through much of 2015. Not all of the estimated $50 to $75 per month family savings will be spent on taxable goods. Part will be absorbed by rising costs of food and other non-taxable necessities and by the ongoing shift in buying habits from purchases of taxable goods to non-taxable services, cellphone fees and internet access. Among the various economic seg- ments that make up each agency's sales tax base, grocers, drug stores and restaurants should benefit most. Extra disposable income translates into more travel, dining out and impulse purchases of taxable items while shopping for food and neces- sities. Despite intensive price competi- tion, tax gains from general con- sumer goods can also be expected although accelerating online shop- ping will shift much of the growth to the countywide allocation pools rather than brick and mortar stores. Agencies with auto dealerships are also benefiting as lower fuel prices and increased fuel efficiency have buyers choosing more costly SUVs and accessories. Gains in home im- provement purchases are anticipated although the tax will be distributed via countywide pools if the sale in- cludes onsite installation. The major losing tax segment will be in fuel/service stations. The losses will be partially offset by increased travel/fuel consumption and by added costs associated with new green emission requirements that went into effect January 1. Even so, substantial declines from service sta- tions, truck stops, bulk and jet fuel operators and petroleum industry suppliers should be anticipated. In the business/industry segment, tax from capital investment in new al- ternative energy and oil production projects is likely to slow. SALES PER CAPITA $8,000 $6,000 $4,000 $2,000 $o Q3 11 National City Q3 12 County Q3 13 Q3 14 California REVENUE BY BUSINESS GROUP National City This Quarter Autos/Trans. 44 % Others 7% Cons.Goods 27% Restaurants Fuel Bus./Ind. 10% 6% 6% NATIONAL CITY TOP 15 BUSINESS TYPES *In thousands Business Type Casual Dining Department Stores Discount Dept Stores Electronics/Appliance Stores Family Apparel Grocery Stores Liquor Heavy Industrial Lumber/Building Materials New Motor Vehicle Dealers Quick -Service Restaurants Service Stations Shoe Stores Specialty Stores Used Automotive Dealers Women's Apparel Total All Accounts County & State Pool Allocation Gross Receipts National City County HdL State Q3 '14* Change Change Change 136.1 11.4% 2.7% 5.9% 140.8 5.1% 1.4% 0.8% -CONFIDENTIAL- 1.7% 2.5% 77.7 16.8% 7.5% 3.0% 170.7 6.0% 1.7% 5.9% 50.7 -7.5% 6.1% 8.8% 73.6 37.1% 19.5% 10.7% 74.9 26.8% -1.6% 4.3% 1,306.4 6.2% 6.3% 8.0% 218.3 11.4% 9.0% 8.5% 211.9 12.1% 1.5% 1.2% 61.4 2.0% 4.7% 6.5% 80.3 7.6% 1.9% 6.2% 86.1 -11.5% 17.0% 12.4% 74.7 -1.9% -7.6% -1.1 % $3,615.3 2.1% 6.4% 5.5% $460.4 1.4% 5.7% 10.2% $4,075.7 2.0% 6.3% 6.1% CC/CDC-HA Agenda 2/3/2015 — Page 226 The following page(s) contain the backup material for Agenda Item: Scheduling of City Council workshops related to the discussion and preparation of the City of National City's annual budget for Fiscal Year 2016 and Five -Year Strategic Plan. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 3, 2015 AGENDA ITEM NO. ITEM TITLE: Scheduling of City Council workshops related to the discussion and preparation of the City of National City's annual budget for Fiscal Year 2016 and Five -Year Strategic Plan. PREPARED BY: Ed Prendell, Budget Analyst PHONE: 619-336-4332 APPROVED BY: EXPLANATION: The City of National City operates on a fiscal year calendar: July 1st through June 30th. On or before June 30th of each year the operating budget for the following fiscal year is presented to the City Council for adoption. The process of developing the City's annual budget includes a series of events over a four to five month period including departmental budget reviews and budgeting requests, community meetings via Neighborhood Councils, financial reviews/analysis by the Finance Department and City Council input. The Fiscal Year 2016 annual budget schedule includes a City Council item at the regularly scheduled meeting of March 3, 2015 to gather the City Council's budgetary priorities. In addition, two workshops have been tentatively scheduled for April 28 and May 26, 2015 for the presentation and discussion of the preliminary budget. The latter meeting date may not be needed but is placed on the calendar as a contingency. The City's five year Strategic Plan is updated on a bi annual basis, historically in conjunction with the budget process. An additional workshop has been tentatively scheduled with the City Council for March 24, 2015 for the strategic planning process. This year, students from the City Council approved Sage Program will work with staff on bringing this matter before the City Council and in the development of the final work product. This will be the first update of the Strategic Plan since the voter approved extension of the District Sales Tax, providing 20 years of anticipated fiscal stability for the organization. With this item, staff seeks approval of these tentative budget workshop dates. In the alternative, if the dates are not agreeable to the majority of the City Council, direction on alternative dates is sought. DEPARTMENT: Financ FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: MIS There is no fiscal impact associated with this item. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Accept staff's recommended budget workshop dates of April 28 and May 26, 2015, and Strategic Plan workshop date of March 24, 2015; or, in alternative, provide direction on alternative dates. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Strategic Planning & Budget Schedule - Fiscal Year 2016 CALIFORNIA ! „tiONAL C1TV 1NCOI2 POII ATE0' STRATEGIC PLANNING & BUDGET SCHEDULE - FISCAL YEAR 2016 DATE & TIME DESCRIPTION DEPARTMENT Monday, Jan. 12th Budget calendar provided to department heads. Finance Tuesday, Jan 27th CMO to meet with SDSU class to review process and assign students to departments and divisions CMO Tuesday, Jan 29th Department and Division SWOTs due CMO/All Departments Monday, Feb. 2nd Budget training. Finance/All departments Tuesday, Feb 3rd Students meet respective departments & divisions and provide introdution to City Council CMO/All Departments Tuesday, Feb. 3rd Request direction from the City Council for Budget Workshops and Budget Adoption dates. (January 21, 2015 - A200 deadline) Council/Staff Monday, Feb. 9th Budget instructions & budget forms distributed. EDEN open for Departments to enter information. Finance Tuesday, Feb 24th Internal strategy meeting with students to present draft strategic plans for departments and divisions CMO/AII Departments Thursday, Feb. 26th Departments enter appropriation proposals in EDEN by 5:00 pm All departments Tuesday, Mar. 3rd City Council budget priorities. (February 18, 2015 - A200 deadline) Council/Staff Thursday, Mar. 5th All CIP and Fleet appropriations entered into EDEN by 5:00 pm Engineering & Public Works Thursday, Mar. 5th Revenues estimates due from applicable departments by 5:00 pm All departments Monday, Mar. 9th 10:00 AM - 12:00 PM 2 - 3:00 PM Departmental budget meetings with Finance to discuss and review strategic plan and appropriation proposals. The specific time and location will be sent out prior to the meeting. City Council City Clerk City Treasurer City Attorney Tuesday, Mar. loth 9:30 AM - 12:00 PM Departmental budget meetings with Finance to discuss and review strategic plan and appropriation proposals. The specific time and location will be sent out prior to the meeting. City Manager Administrative Services Finance Human Resources MIS Risk Management Non -Departmental (Non-CIP) Wednesday, Mar. 11 th 9:30 AM - 12 PM 2:00 - 4:00 PM Departmental budget meetings with Finance to discuss and review appropriation proposals. The specific time and location will be sent out prior to the meeting. Police Fire/Building HGAM Monday, Mar. 16th 2:00 - 5:00 PM Departmental budget meetings with Finance to discuss and review appropriation proposals. The specific time and location will be sent out prior to the meeting. Engineering & Public Works Parks Maintenance Facilities Maintenance Vehicle Maintenance CIP (All Funds) 1 of 2 City (2016) CALIFORNIA bIN„'f'1ONAL CITY 1NCOI2 POII ATE0' STRATEGIC PLANNING & BUDGET SCHEDULE - FISCAL YEAR 2016 DATE & TIME DESCRIPTION DEPARTMENT Tuesday, Mar. 17th 2:00 - 5:00 PM Departmental budget meetings with Finance to discuss and review appropriation proposals. The specific time and location will be sent out prior to the meeting. Community Development Community Services Library Neighborhood Services Planning Thursday, Mar. 19th Departmental budget recall(s) scheduled (if necessary). Finance Tuesday, Mar 24th Strategic Planning Workshop with City Council Council/All Departments Thursday, Mar. 26th 2:00 - 5:00 PM Budget review (all departments). Finance Administrative Services Tuesday, Mar. 31 st 2:00 - 5:00 PM Budget review (all departments). Finance Administrative Services City Manager Tuesday, Apr. 7th 10:00 AM - 12:00 PM 2:00 - 4:00 PM Departmental budget recall(s) (if necessary). Finance Other departments Thursday, Apr. 9th Send Preliminary Budget to printer and upload copy to City's website. Finance IT Tuesday, Apr. 28th 6 PM Budget Workshop / Preliminary Budget Presentation (April 15, 2015 - A200 deadline) Council/Staff Wednesday, May 6th 6:30 PM Neighborhood Council presentations (Kimball Neighborhood Council Meeting). Finance Thursday, May 14th 6:30 PM Neighborhood Council presentations (El Toyon Neighborhood Council Meeting). Finance Wednesday, May 20th 6:30 PM Neighborhood Council presentations (Las Palmas Neighborhood Council Meeting). Finance Tuesday, May 26th 6 PM Budget Workshop (May 13, 2015 - A200 deadline) Council/Staff Tuesday, Jun. 16th 6 PM Budget Hearing / Adoption of Budget. (June 3, 2015 - A200 deadline) Council/Staff 2 of 2 City (2016) CC/CDC-HA Agenda 2/3/2015 — Page 230 The following page(s) contain the backup material for Agenda Item: Scheduling of City Council Workshop related to the discussion of issues and impacts associated with Homelessness in National City. (City Manager) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING a ai IC: February 3, 2015 AGENDA ITEM NO. ,TEM TITLE: Scheduling of City Council Workshop related to the discussion of issues and impacts associated with Homelessness in National City PREPARED BY. Leslie Deese DEPARTMENT: City Manager PHONE: 6 1 g-336-4242 APPROVED BYE_., XPLANATION: Please see attached Staff Report FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: fN/AI, ORDINANCE: INTRODUCTION: 1 I FINAL ADOPTION: APPROVED: APPROVED: 1 Finance STAFF RECOMMENDATION: Provide direction to Staff on Workshop dates BOARD / COMMISSION RECOMMENDATION: IN/Ai ATTACHMENTS: 1. Staff Report Scheduling of City Council Workshop related to the discussion of Issues and Impacts associated with Homelessness in National City The issue of homelessness is one which confronts cities and counties throughout California and the Nation. In 2009, it was estimated that nearly ten thousand people in San Diego are homeless; that number has invariably increased. Working directly with law enforcement, social service providers, local businesses, faith -based organizations and other agencies, National City is engaged in a variety of projects and proactive efforts to address homelessness. As the City Council begins its budget and strategic planning processes, it would be timely for staff to provide Council with an update on the issues and impacts associated with homelessness in National City, including legal, legislative and budgetary considerations, and public safety and code enforcement efforts. A workshop setting will provide adequate time for staff presentations and council and community dialogue separate from the Council's regular meeting schedule. As such, the following dates are provided for consideration: ➢ March 17 — 4:30 or 5:00 pm (Regular Council Meeting @ 6pm) ➢ April 7 — 4:30 or 5:00 pm (Regular Council Meeting @ 6pm) ➢ April 21 — 4:30 or 5:00 pm (Regular Council Meeting @ 6pm) Separately on this agenda, the Council will also consider meeting dates for the City Council's strategic planning and budget sessions tentatively scheduled for: ➢ March 24 @ 6pm — Strategic Planning Workshop (pending Council approval) ➢ April 28 @ 6pm — Budget Workshop (pending Council approval) ➢ May 26 @ 6pm — Budget Workshop (pending Council approval) With this item, staff seeks Council direction on workshop dates. CC/CDC-HA Agenda 2/3/2015 — Page 233 The following page(s) contain the backup material for Agenda Item: City Tree Trimming Schedule. (Public Works/Engineering) Item # 02/03/15 CITY TREE TRIMMING SCHEDULE (Public Works/Engineering)