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Home My WebLink AboutDraft Agenda Packet - 05-02-17 CC HAAGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL CI S INCORPORATED RON MORRISON Mayor ALBERT MENDIVIL Vice Mayor JERRY CANO 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, MAY 2, 2017 - 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. CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of 1 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 2 the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 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 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. 2 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 3 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS 1. Proclaiming May 3, 2017 as "Peace Officer Memorial Day" 2. Proclaiming May 4, 2017 as "National Day of Prayer" AWARDS AND RECOGNITIONS PRESENTATIONS 3. Manuel Portillo Casa De Salud Youth Center Improvements (Community Services) INTERVIEWS / APPOINTMENTS 4. Interviews and Appointments: Traffic Safety Committee (City Clerk) CONSENT CALENDAR 5. 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) 6. Resolution of the City Council of the City of National City: 1) accepting the work performed by Dick Miller, Inc. for the Plaza Boulevard and 14th Street Improvements Projects, CIP No. 15-10; 2) approving the final contract amount of $1,379,928.26; 3) ratifying the release of retention in the amount of $68,996.41; and 4) authorizing the Mayor to sign the Notice of Completion for the project.(Engineering/Public Works) 7. Resolution of the City Council of the City of National City ratifying the acceptance of the 4th disbursement from the State of California AB109 grant fund, administered through the City of San Diego in the amount of 3 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 4 $37,853.00, for monitoring and assisting frontline law enforcement in our region with the problems associated with the early release of non-violent offenders from State Prison, and authorizing the establishment of a Fiscal year 2017 appropriation and corresponding revenue budget of $37,853.00. (Police) 8. Resolution of the City Council of the City of National City authorizing the acceptance of the lowest, responsive, responsible bid, for the purchase of (1) 2017 Nissan Maxima SL, for the Police Department from Buena Park Nissan of Buena Park, in the amount of $34,075.61. (Finance) 9. Resolution of the City Council of the City of National City authorizing the acceptance of the lowest, responsive, responsible bid, for the purchase of (1) 2017 Dodge Durango SXT and (1) 2017 Dodge Grand Caravan SE, for the Police Department from Courtesy Chrysler Dodge of San Juan Capistrano, in the amount of $50,892.93. (Finance) 10. Resolution of the City Council of the City of National City authorizing, 1) installation of 120 feet of No Parking signs on the north side of E. 20th Street, west of N Avenue; 2) installation of 20 feet of red curb No Parking on the west side of N Avenue, north of E. 20th Street; and 3) installation of Stop signs and Yield signs to provide traffic control at various intersections within the neighborhood bound by E. 20th Street to the north, Roselawn Street to the south, 0 Avenue to the east, and N Avenue to the west (TSC No. 2017-12).(Enqineering/Pujblic Works) 11. Resolution of the City Council of the City of National City authorizing installation of time -restricted "No Parking Street Sweeping" signs (Wednesday, 4:00 AM to 6:00 AM) on the 1200 block of McKinley Avenue and 600 block of W. 12th Street (TSC No. 2017-14).(Engineering/Public Works) 12. Warrant Register #37 for the period of 03/08/17 through 03/14/17 in the amount of $2,163,055.28. (Finance) 13. Warrant Register #38 for the period of 03/15/17 through 03/21/17 in the amount of $576,011.51. (Finance) 14. Warrant Register #39 for the period of 03/22/17 through 03/29/17 in the amount of $1,741,461.85. (Finance) PUBLIC HEARINGS 15. Public Hearing No. 2 of 2 on the allocation of U.S. Department of Housing and Urban Development (HUD) Program Year 2013 entitlement grant funds, program income, and funds remaining from completed projects to Community Development Block Grant (CDBG) and HOME Investment 4 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 5 Partnerships (HOME) Program activities proposed for the 2013-2014 Action Plan. (Housing & Economic Development) ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION 16. An Ordinance of the City Council of the City of National City amendinq Title 10 Section10.30.040 of the National City Municipal Code to establish the City Councils authority to govern the sale or use of alcoholic beverages in city -owned buildings operated and controlled by third parties, within a public park, through written agreements with the City. (City Manager) NON CONSENT RESOLUTIONS 17. Resolution of the City Council of the City of National City approving the U.S. Department of Housing and Urban Development (HUD) 2017-2018 Annual Action Plan and authorizing the estimated allocation of 2017-2018 HUD entitlement grant funds, program income, funds remaining from completed projects, and uncommitted funds to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for the Fiscal Year (FY) 2017-2018 Annual Action Plan. (Housing & Economic Development) 18. Resolution of the City Council of the City of National City authorizing the City Manager to execute a second amendment to the agreement by and between the City of National City and Tierra West Advisors, Inc. to provide services to implement the amortization of nonconforming uses in the Westside Specific Plan and increasing by $7,500 the total not to exceed amount of $57,500. (Planning) 19. Resolution of the City Council of the City of National City authorizing 1) the City Manager to sign a Letter of Intent with KaBOOM! in order to advance the City of National City in the grant selection process to build a new playground at Kimball Park 2) the City Manager to accept the KaBOOM! grant and execute the KaBOOM! Community Partner Playground Agreement, if awarded in September 2017. (Community Services) 20. Resolution of the City Council of the City of National City approving a Conditional Use Permit for wholesale auto sales and accessory uses at 2000 Roosevelt Avenue. (Applicant: Deborah Falk) (Case File No.: 2016- 10 CUP) (Planning) NEW BUSINESS 21. Notice of Decision Planning Commission approval of a Conditional Use Permit for a proposed gym (Planet Fitness) to be located at 2530 5 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 6 Southport Way. (Applicant: Adam Van Dale for Planet Fitness) (Case File 2017-01 CUP) (Planning) 22. Notice of Decision — Planning Commission approval of a Zone Variance to allow a residential addition in the front yard setback and a parking space in the exterior side yard setback at a property located at 641 East 5th Street. (Applicant: Sarah Ascolese) (Case File 2017-02 Z) (Planning) B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY CONSENT RESOLUTIONS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY C. REPORTS STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the National City City Council/Community Development Commission - Housing Authority of the City of National City - Tuesday - May 16, 2017 - 6:00 p.m. - Council Chambers - National City, California BUDGET SCHEDULE - FISCAL YEAR 2018 Budget Hearing - June 6, 2017 - 6:00 p.m. CITY COUNCIL SUMMER LEGISLATIVE RECESS July 4, 2017 - City Council Meeting - Dispensed With July 18, 2017 - City Council Meeting - Dispensed With 6 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 7 The following page(s) contain the backup material for Agenda Item: Proclaiming May 3, 2017 as "Peace Officer Memorial Day" 7 of 177 CltrJ. o f Natlovi.al CltrJ,, Ggli forvriA PROCLAIMING WEDNESDAY, MAY 7, 2016 AS LAW ENFORCEMENT MEMORIAL DAY IN THE CITY OF NATIONAL CITY, CALIFORNIA WHEREAS, our law enforcement officers are the guardians of life and property, defenders of the individual right to be free, warriors in the battle against crime, and are dedicated to the preservation of life and property; and WHEREAS, the dedicated men and women who have chosen law enforcement as a career face extraordinary risk and danger in preserving our freedom and security; and WHEREAS, during May, National Police Week is observed throughout the nation in order to recognize the hazardous work, serious responsibilities and strong commitment to our nation's law enforcement officers; and WHEREAS, in conjunction with this important observance, May 7, is recognized as San Diego County Law Enforcement Officers' Memorial Day in commemoration of those officers who have sacrificed their lives in the line of duty; and WHEREAS, a special tribute will be paid to U. S. Border Patrol Agents Erich Cabral and Jared Dittman who lost their lives this past year, and WHEREAS, these special observances provide an opportunity for the community to acknowledge the heroic men and women who have dedicated their lives to safeguarding public safety; NOW THEREFORE, I, Ron Morrison, Mayor of the City of National City, on behalf of the City Council, do hereby proclaim Wednesday, May 7, 2008 as LAW ENFORCEMENT MEMORIAL DAY in the City of National City and encourage all citizens to remember those individuals who gave their lives for our safety and who continue to dedicate themselves to making San Diego County a safer place to live. Dated this 7" day of May, 2017 Ron Morrison, Mayor 8 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 9 The following page(s) contain the backup material for Agenda Item: Proclaiming May 4, 2017 as "National Day of Prayer" 9 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 10 The following page(s) contain the backup material for Agenda Item: Manuel Portillo Casa De Salud Youth Center Improvements (Community Services) 10 of 177 Item # 05/02/17 Manuel Portillo Casa De Salud Youth Center Improvements (Community Services) 11 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 12 The following page(s) contain the backup material for Agenda Item: Interviews and Appointments: Traffic Safety Committee (City Clerk) 12 of 177 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 2, 2017 AGENDA ITEM NO. ITEM TITLE: Interviews and Appointments — Traffic Safety Committee. (City Clerk) PREPARED BY: Michael R. Dalla PHONE: ; ,19-336-4226 EXPLANATION: DEPARTMENT: City Clerk APPROVED BY: TRAFFIC SAFETY COMMITTEE (Appointing Authority: Mayor) There is one un-expired term on the Traffic Safety Committee. There is one applicant that has been interviewed. Name Interviewed Lance Mirkin Yes FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Take action as desired. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Application 13 of 177 \ao —t-a questions. CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES '?(, Civil Service Commission X Planning Commission *7G 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: 1,0,k),- Q 1( a/ 1"[tr�C[ Home Address: --7 1-�-i (&A- (I ve h ece_ Business Affiliation: Title: Business Address: Tel. No.: Tel. No.: (4`j--7-L/Lll3 Length of Residence in National City: San Diego County: 11 3 California: 6 Educational Background: P)„� rr S b 6 CIt 11, r' St00 / S Occupational Experience: R 3 ./e_o v-S I y, �n J ry C_e s c. /n/n_, 1M 1tIs Professional or Technical Or aniz*ation Memberships: ps. Civic or Community Experience, Membership, or Previous Public Service Appointments: Oct y /91 al -A. ke-/- f Gil/ - Ca - 6 r7 t' a t ma`s , cLJ Ur C Experience or Special Knowledge Pertaining to Area of Interest: 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 answer:sto t above two / 9L,%elL ka_cti Date: pp./a//l6 Signa n rn co Please feel free to provide addi Tonal 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 r Revised: December 2015 14 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 15 The following page(s) contain the backup material for Agenda Item: 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) 15 of 177 Item # 05/02/17 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) 16 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 17 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) accepting the work performed by Dick Miller, Inc. for the Plaza Boulevard and 14th Street Improvements Projects, CIP No. 15- 10; 2) approving the final contract amount of $1,379,928.26; 3) rat 17 of 177 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 2, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City: 1) accepting the work performed by Dick Miller, Inc. for the Plaza Boulevard and 14th Street Improvements Projects, CIP No. 15-10; 2) approving the final contract amount of $1,379,928.26; 3) ratifying the release of retention in the amount of $68,996.41; and 4) authorizing the Mayor to sign the Notice of Completion for the project, PREPARED BY: Jose Lopez, Junior Engineer - Civil PHONE: 619-336-4312 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: tr/(2r/-470( FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: NIA 1 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt Resolution accepting the work performed by Dick Miller, Inc. for the Plaza Boulevard and 14th Street Improvements Projects, CIP No. 15-10 and approving the final contract amount of $1,379,928.26, BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Notice of Completion 3. Final Contract Balance Report 4. Resolution 18 of 177 EXPLANATION The project represented the final phase of enhancements to the Downtown-Westside Community Connections project. The general scope of work included traffic calming, pedestrian, bicycle and transit enhancements, such as new crosswalks with corner bulb - outs and high intensity signing and striping, pedestrian curb ramps for ADA compliance, bike sharrows with signage, new street lights, wayfinding signage, and storm water treatment infiltration areas on Plaza Boulevard between Coolidge Avenue and "A" Avenue. The project installed pedestrian curb ramps for ADA compliance along W. 14t Street and pavement rehabilitation and restriping along Plaza Boulevard, Roosevelt Avenue, and W. 8th Street. On January 14, 2016, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On January 15, 2016 and January 22, 2016, the bid solicitation was advertised in local newspapers. On February 9, 2016, six (6) bids were received electronically on PlanetBids by the 1:00 p.m. deadline. Bid results were available Immediately after the 1:00 p.m. deadline. Dick Miller, Inc. was the apparent lowest bidder with a total base bid amount of $1,138,853.10, as the basis of bid award. Upon review of all documents submitted and reference checks, Dick Miller, Inc.'s bid was found to be responsive, and they were the lowest responsible bidder qualified to perform the work as described in the project specifications. On March 1, 2016, the City Council adopted Resolution No. 2016-27 awarding the contract to Dick Miller, Inc. in the amount of $1,276,903.10 which included a Combined Base Bid amount of $1,138,853.10, Additive Bid A (Highland Avenue Improvements -Appendix A) in the amount of $47,750, Additive Alternate (Hoover Ave and Plaza Blvd Landscape Improvements) in the amount of $44,000.00, and Additive Bid (Highland Avenue Signing & Striping) in the amount of $46,300.00 and authorized a 15% contingency in the amount of $191,535.47 for any unforeseen changes. The Notice to Proceed with construction was issued on April 28, 2016, with a construction start date of vv1ay 1, 2016. The change orders issued for this project are detailed in the Final Contract Balance Report (see attached). The change orders increased the contract by $257,469.74, and line item adjustments decreased the contract by $154,444.58, for a net increase of $103,025.16 to the contract. This results in an 8% contract increase for a final contract balance of $1,379,928.26. As a result of satisfactory compietion of the project, staff recommends that City Council: 1) accept the work of Dick Miller, Inc. for the Plaza Boulevard and 14`h Street Improvements Projects, CIP No. 15-10; 2) approve the final contract amount of $1,379,928.28; 3) ratify the release of retention in the amount of $68,996.41; and 4) authorize the Mayor to sign the Notice of Completion for the project. The Notice of Completion will be filed with the San Diego County Recorder's Office. 19 of 177 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on February 23, 2017 of the Plaza Boulevard and 14th Street Improvements, CIP No. 15-10 Work of improvement or portion of work of improvement under construction or alteration. .Along Plaza Boulevard from Coolidge Avenue to "D" Avenue, W. 14th Street from Coolidge Avenue to National City Boulevard, portions of W. 8th Street from Harbor Drive to Roosevelt Avenue, and portions of Highland Avenue from E. 8th Street to E. 16th Street in National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner in fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Dick Miller, Inc. Name of Original Contractor The following work and material were supplied: Labor provided: general laborer. Materials: concrete. masonry, asphalt, irrigation, landscaping, street lighting, and signing and striping. Equipment: demolition, grading, paving and excavation equipment. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: NIA Dated: February 23, 2017; Joint tenants, tenants in common, or other owners Signature of Droner City of National City, 1243 National City Blvd,, National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on February 23, 2017 at, National City, California. Signature: RON MORRISON, MAYOR }bc [5-10 20 of 177 \\ . , - Nk A icin FINAL CONTRACT BALANCE DATE: March 31, 2017 PROJECT: Plaza Boulevard and 14th Street Improvements FY 15-16 Specification No. 15-10 TO: Dick Miller, Inc. 930 Boardwalk, Suite H San Marcos, CA 92078 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: WORKING DAYS SUSPENDED: TOTAL CONTRACT TIME: DESCRIPTION: $1,276,903.10 May 23, 2016 February 22, 2017 80 Working Days 35 Working Days 70 Working Days 185 Working Days The Final Contract Balance reports final line item amounts and summarizes all change orders to produce a final contract amount. CHANGE ORDERS AND LINE ITEM ADJUSTMENTS: Change Order#1 directed the contractor to install a raised crosswalk on Granger Ave., at the main entrance to Granger Junior High School. The raised crosswalk work included saw cuts, removal of existing asphalt, installation of a 2" conduit with pull boxes, and construction of a concrete speed table, curb channel, sidewalk, installation of truncated domes, pedestrian and traffic striping and all necessary traffic and erosion control. This work was performed at an agreed upon price. This Change Order total amount was $ 49,815.00. Change Order #2 directed the contractor to install eight (8) solar powered LED enhanced school warning sign system crossings at the following eight (8) locations: E. 16th St. at B Ave., E. 18th St. at F Ave., E. 8th St. at K Ave., E. Sth St. at Olive Ave., Granger Jr. High Speed Table, E. 16th St. at Grove St., E. 8th St. at E Ave., and E. Plaza Blvd. at A Ave. This work was performed at an agreed upon price. This Change Order total amount was $ 170,800.00. Change Order#3 directed the contractor to provide materials for and install an additional 486 SF of concrete sidewalk on both the east and west sides of the Granger Ave Speed Table. The additional 21 of 177 FINAL CONTRACT BALANCE National City Plaza Blvd. and 14th St. Improvements Specification No. 15-10 sidewalk was required for ADA compliance. The contractor also was directed to remove metro mat fabric, encountered in the existing asphalt but not identified on the construction plans. This work was performed at an agreed upon price. This Change Order total amount was $ 5,761.08. Change Order#4 directed the contractor to remove additional curb, gutter and sidewalk at the intersection of E. Plaza Blvd and Hoover Ave. This was not previously shown on the project construction plans. This work was completed on a T&M basis. This Change Order total amount was $ 4,017.95. Changer Order#5 directed the contractor DO make the approved design modifications the National City monument sign placed at E. Plaza Blvd. and Hoover Ave. This change order also directed the contractor to repair irrigation lines that conflicted with installation of the monument. This work was performed at an agreed upon price. This Change Order total amount was $ 4,687.45. Change Order #6 directed the contractor to install twenty-two (22) traffic detection loops on Plaza Blvd, between D. St. and Hoover Ave. This work was not previously shown on the project construction plans. This work was performed at an agreed upon price. This Change Order total amount was $ 11,550.00. Change Order #7 directed the contractor to install a pedestrian push button at the LED pedestrian crossing on Highland Ave. and E. 14th St. This separate pole is required to meet ADA compliance within constraints of existing utility conflicts. This work was performed at an agreed upon price. This Change Order total amount was $ 1,977.90. Change Order#8 directed the contractor to provide an additional LED pedestrian crossing sign at E 8th St. and E Ave. This additional sign increases pedestrian safety and visibility. This work was performed at an agreed upon price. This Change Order total amount was $ 2,411.85. Change Order #9 directed the contract to removal additional curb and gutter, driveway and sidewalk on 9th St. between Hoover and Roosevelt. This work was not identified previously on construction plans. Replacement was paid at the existing contract unit rates. This work was performed at an agreed upon price. This Change Order total amount was $ 3,392.25. Change Order #10 directed the contractor to excavate conduit for LED sign crossing under a recently constructed cross -gutter. This tunneling work eliminates the alternative of removing and reconstructing the cross -gutter. This work was performed at an agreed upon price. This Change Order total amount was $ 1,443.27. Change Order #11 directed the contractor to excavate the foundation within an existing retention basin fora new LED pedestrian crossing sign and foundation. The new LED pedestrian crossing sign was previously funded; this change order directs the excavation work to a location that maximizes pedestrian safety and upholds City standards for sign placement. This work was performed at an agreed upon price. This Change Order total amount was $ 1,612.99. 22 of 177 FINAL CONTRACT BALANCE National City Plaza Blvd. and 14th St. Improvements Specification No. 15-10 Change Order #12 was issued to extended the contract time for Change Order #2. Additional days were needed due to manufacturer delays supplying the additional LED signs and pedestrian push buttons. This Change Order included no costs. All Change Orders listed above increased the total contract amount by $ 257,469.74. Numerous line item adjustments per the attached FINAL BILLING STATEMENT resulted in a total decrease of t 154i 444.5B. $ CONTRACT ADJUSTMENT: As a result of the above change orders and line item adjustments, the contract price is adjusted as follows: 1. The final contract price is adjusted to $ 1,379,928.26. 2. As a result of the satisfactory completion of said project, a retention amount of $ 68,996.41 is set for invoice processing and payment upon the receipt of signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Dick Miller, Inc. will not be entitled to damages or additional payment for delays as described in the 2012 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. 23 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 24 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City ratifying the acceptance of the 4th disbursement from the State of California AB 109 grant fund, administered through the City of San Diego in the amount of $37,853.00, for monitoring and assistin 24 of 177 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: ;May 2, 2017 AGENDA ITEM NO. ITEM TITLE: (Resolution of the City Council of the City of National City ratifying the acceptance of the 4th disbursement from the State of California AB109 grant fund, administered through the City of San Diego in the amount of $37,853.00, for monitoring and assisting frontline law enforcement in our region with the problems associated with the early release of non-violent offenders from State Prison, And authorizing the establishment of a Fiscal year 2017 appropriation and corresponding revenue budget of $37,853.00. PREPARED BY: 'Jeff Etzler, Police Sergeantl DEPARTMENT: Police PHONE: k619) 336-44371 EXPLANATION: See attached Staff Report APPROVED BY: FINANCIAL STATEMENT: APPROVED: r ACCOUNT NO. Revenue Fund: 290-11643-3463 APPROVED: Expenditure Fund: 290-411-6431 This grant does not require a match or in -kind contribution from the City. ENVIRONMENTAL REVIEW: Not Applicable ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff recommends that the City Council adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Staff Report Copy of $37,853.00 check from City of San Diego Resolution No. 2017-44 25 of 177 DATE: SUBJECT: f N141411rICHT NATIONAL CITY POLICE DEPARTMENT STAFF REPORT April 19,2017 Resolution of the City Council of the City of National City ratifying the acceptance of the disbursement of Realignment (AB109) Grant Funds ($37,853.00) SUMMARY The Police Department has received grant funds (4th Disbursement) from the State of California and administered by the City of San Diego in the amount of $37,853.00 to monitor and assist frontline law enforcement in our region with the problems associated with the early release of non-violent offenders from the state prison (AB 109) The Department will use this grant to monitor early release prisoners (AB109) in our City. BACKGROUND On November 5, 2013 the National City Council ratified the acceptance of the 1st disbursement from the State of California AB109 grant fund, in the amount of $31,862.00. On December 16, 2014 the National City Council ratified the acceptance of the 2nd disbursement from the State of California .4B 109 grant fund, in the amount of 36,351.00. On April 4, 2017 the National City Council ratified the acceptance of the ri disbursement from the State of California AB109 grant fund, in the amount of 75,208.00. Assembly Bill 109 (as amended by AB 117) took effect October 1, 2011, and realigned three major areas of California crkninal justice system : 1. Establishes local jail custody for specified non -serious, non sex offenders who were previously subject to prison sentences. 2. Modifies parole statutes and creates local Post -release Commun ty 26 of 177 Supervision (PCS)for criminal offenders released from prison after having served a sentences for non-violent non -serious, and non -sex offenses. 3. Shifts the revocation process for parolees to the county court system over a two phase, two-year process. While the State of California allocated funding to local corrections agencies, it did not provide any funding for frontline law enforcement. These grant funds a re s pecifically geared to assist local law enforcement in the monitoring of these early release prisoners. IMPACT The Department will use these grant funds to monitor and investigate individuals who are released as part of the AB 109 program to include having officers, investigators and other police personnel work on an overtime basis to reduce the negative impact these early releases may have on the community. Please call me at (619) 336-4437 with any questions. JEFF ETZLER Office of the Chief of Police 1200 National City Boulevard National City, CA 91950 (619) 336-4511/Fax (619) 336-4525 w w nationalcityptLorg 27 of 177 r tACKGF-r-y' 'HECK.CQ4rA1N.,(Ktip O,NOT CC,k iALVIFrQtl taay9 INJG°AT.jA J "o ERIFYSF6U1;:Ty' ;iAit' .a 11:44- " nnitrrlatvm THOUSAND TIGHT' HUNDRB � NATIONAL CITY POLICE DEPARTMENT .;. WOG. W'.% v00011562813 211° ':071,92321340. ?HIS 2011321r REMOVE DOCUMENT ALONG THIS PERFORATION $ 37,853.00 - City +Agora TODIME1we MG.ffl1FO 0 7Y SOP NO. AMOUNT DISCOUNT 1 otvlr4Hoenelo 4 AMOUNT PAID 2015/2016 7 1900172942 2015/2016 (AB) 109 Funds a-- 37.853.00 0A0 0d0 37.853,00 37„853,00 bo you want to receive `payment sooner? The City now offers rffectronie Thnetbr WE) as a payment option out foals daeady into your account To obtain Bnrol>nuat Form Mad the allowingmyou to recame Y For �� this payment caq your City Department co and lot pu al inquiries call ( 6 10 3` + NO 10021239 • THE CITY OF SA11 DIEGO DATE Hr•caiC•CKNa 0312812017 0001562802 28 of 177 RESOLUTION NO. 2017 — 44 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE ACCEPTANCE OF THE 3' DISBURSEMENT FROM THE STATE OF CALIFORNIA AB 109 GRANT FUND, ADMINISTERED THROUGH THE CITY OF SAN DIEGO, IN THE AMOUNT OF $75,208 FOR MONITORING AND ASSISTING FRONTLINE LAW ENFORCEMENT IN OUR REGION WITH THE PROBLEMS ASSOCIATED WITH THE EARLY RELEASE OF NON-VIOLENT OFFENDERS FROM STATE PRISON, AND AUTHORIZING THE ESTABLISHMENT OF A FISCAL YEAR 2017 APPROPRIATION OF $75,208 AND A CORRESPONDING REVENUE BUDGET WHEREAS, AB 109 (as amended by AB 117) took effect October 1, 2011, and realigned three major areas of the California criminal justice system, as follows: 1. Establishes local jail custody for specified non-violent, non -serious, non -sex offenders who were previously subject to prison sentences; 2. Modifies parole statutes and creates local Post -release Community Supervision ("PCS") for criminal offenders released from prison after serving a sentence for non-violent, non -serious, non -sex offenses; 3. Shifts the revocation process for parolees to the county court system over a two- phase, two-year process; and WHEREAS, the State of California allocated funding to local correction agencies, but did not provide funding for frontline law enforcement. These grant funds are specifically geared to assist local law enforcement in the monitoring of these early release prisoners; and WHEREAS, on November 5, 2013, the City Council of the City of National City adopted Resolution No. 2013-164, ratifying the acceptance of the 1st disbursement from the State of California AB109 grant fund, in the amount of $31,862; and WHEREAS, on December 16, 2014 the City Council adopted Resolution No. 2014-169, ratifying the acceptance of the 2"d disbursement from the State of California AB109 grant fund, in the amount of 36,351; and WHEREAS, the National City Police Department ("NCPD°) has received a 3rd disbursement from the State of California AB109 grant funds from the State of California in the amount of $75,208 to monitor and assist frontline law enforcement in our region with the problems associated with the early release of non-violent offenders from state prison; and WHEREAS, NCPD will use these grant funds to monitor and investigate individuals who are released as part of the AB 109 program to include having officers, investigators, and other police personnel work on an overtime basis to reduce the negative impact these early releases may have on the community. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies the acceptance of a 3rd disbursement of AB 109 grant funds from the State of California administered through the City of San Diego in the amount of $75,208 for the monitoring and assisting frontline law enforcement in our region with the problems associated with the early release of non-violent offenders from state prison. 29 of 177 Resolution No. 2017 — 44 Page Two BE IT FURTHER RESOLVED, that the City Council of the City of National City hereby ratifies the establishment of a Fiscal Year 2017 appropriation in the amount of $75,208, and a corresponding revenue budget for said grant funds. PASSED and ADOPTED this 4th day of April, 20 on orrison, ayor ATTEST: 24JIk Mi Dalla, c el R. Ci Clerk APPROVED AS TO FORM: "2, George H. Eiser, III Interim City Attorney 30 of 177 Passed and adopted by the Council of the City of National City, California, on April 4, 2017 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-44 of the City of National City, California, passed and adopted by the Council of said City on April 4, 2017. qCity Ierk of the City o idit‘ ational City, California By: Deputy 31 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 32 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the acceptance of the lowest, responsive, responsible bid, for the purchase of (1) 2017 Nissan Maxima SL, for the Police Department from Buena Park Nissan of Buena Park, in the amount 32 of 177 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 2, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the acceptance of the lowest, responsive, responsible bid, for the purchase of (1) 2017 Nissan Maxima SL, for the Police Department from Buena Park Nissan of Buena Park, in the amount of $34,075.61. PREPARED BY: Debbie Lunt PHONE: 336-4582 EXPLANATION: Request for Bid #GS1617-6 was issued for the purchase of (1) 2017 Nissan Maxima SL, or equal, for the Police Department. Bids were mailed to fifteen (15) vendors, netting two (2) responses. Bids were opened and publicly read on April 17, 2017, with no vendors present for the opening. DEPARTMENT: Final[ APPROVED BY: The purpose of the vehicle is as follows: (1) 2017 Nissan Maxima SL (Police) - Investigations Vehicle FINANCIAL STATEMENT: APPROVED: '114 Finance ACCOUNT NO. APPROVED: Funds are appropriated in account number 644-411-000-511-0000 - $34,075.61 ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt the Resolution, accepting the bid and authorizing the purchase. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 2. Bid Abstract 33 of 177 GS1617-6 Nissan Maxima BID ABSTRACT/ANALYSIS 4/18/2017 SPEC #1 PYMT TOTAL 8.75% DMV TIRE SUB TERMS 2% Local Tax Ad . BIDDER: MAXIMA OTHER TAX FEE FEE REBATE TOTAL I IID %) AWARD NOTES - Buena Park Nissan $35,587 $80 $3,120.86 $29 $8.75 ($4,750.00) $34,075.61 $0.00 $34,075.51 AWARD Buena Park, CA Net 20 $399 Mossy Nissan National City $36,999 $3,272.33 $8.75 ($4,500.00) $36,179.08 ($361.79) ($723.58) $35,093.70 National City, CA 1 % Net 30 Mossy Nissan El Cajon No Response El Cajon, CA Costa Mesa Nissan No Response Costa Mesa, CA Imperio Nissan of San Juan Capistrano No Response San Juan Capistrano, CA Imperio Nissan of Garden Grove No Response Garden Grove, CA Imperio Nissan of Irvine No Response Irvine, CA Mossy Nissan Escondido No Response . _- __--_-_._— Escondido, CA Mossy Nissan Kearny Mesa No Response _ San Diego, CA _ Mossy Nissan Poway No Response Poway, CA Mossy Nissan Oceanside No Response Oceanside, CA Mossy Nissan Chula Vista No Response Chula Vista, CA Pacific Nissan No Response San Diego, CA Stadium Nissan No Response Orange, CA Tustin Nissan No Response Tustin, CA 34 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 35 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the acceptance of the lowest, responsive, responsible bid, for the purchase of (1) 2017 Dodge Durango SXT and (1) 2017 Dodge Grand Caravan SE, for the Police Department from Courtesy 35 of 177 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 2, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the acceptance of the lowest, responsive, responsible bid, for the purchase of (1) 2017 Dodge Durango SXT and (1) 2017 Dodge Grand Caravan SE, for the Police Department from Courtesy Chrysler Dodge of San Juan Capistrano, in the amount of $50,892.93. PREPARED BY: Debbie Lunt DEPARTMENT: Fina�� PHONE: 336-4582 APPROVED BY: EXPLANATION: Request for Bid #GS1617-7 was issued for the purchase of (1) 2017 Dodge Durango SXT and (1) Dodge Grand Caravan SE, or equal, for the Police Department. Bids were mailed to ten (10) vendors, netting two (2) responses. Bids were opened and publicly read on April 17, 2017, with no vendors present for the opening. The purpose of the vehicles are as follows: (1) 2017 Dodge Durango SXT (Police) - Investigations Vehicle (1) 2017 Dodge Grand Caravan SE (Police) - Investigations Vehicle FINANCIAL STATEMENT: APPROVED:I� ACCOUNT NO. APPROVED: Funds are appropriated in account number 644-411-000-511-0000 - $50,892.93 ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution, accepting the bid and authorizing the purchase. BOARD f COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 2. Bid Abstract 36 of 177 GS1617-7 Dodge Caravan Durango BID ABSTRACT/ANALYSIS 4/18/2017 SPEC #1 SPEC #2 9% TIRE REBATE SUB TERMS 2% Local TOTAL BIDDER: Durango Caravan Other TAX FEE TOTAL (BID-%) Tax Adi. AWARD NOTES $50,892.93 Net 30 Courtesy Chrysler Dodge $24,596 $22,026 $160 $4,093.43 $17.50 $50,892.93 AWARD San Juan Capistrano, CA $27,407 $781 $5,056.71 $17.50 Perry Chrysler Dodge $30,384 ($3,750) $59,896.21 Net 30 ($1,197.92) $58,698.29 National City, CA Bob Baker Chrysler/Dodge No Response Carlsbad, CA Carl Burger Dodge No Response La Mesa, CA No Response DCH Chrysler Dodge Temecula, CA Jack Powell Chrysler/Dodge No Response Escondido, CA Lake Elsinore Chrysler Dodge No Response Lake Elsinore, CA Poway Chrysler Dodge No Response Poway, CA Rancho Chrysler Dodge No Response San Diego, CA No Response San Diego Chrysler Dodge San Diego, CA 37 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 38 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing, 1) installation of 120 feet of No Parking signs on the north side of E. 20th Street, west of N Avenue; 2) installation of 20 feet of red curb No Parking on the west side of N Avenue, 38 of 177 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: may 2, 2017 ITEM TITLE: AGENDA ITEM NO. Resolution of the City Council of the City of National City authorizing, 1) installation of 120 feet of "No Parking" signs on the north side of E. 20th Street, west of "N" Avenue; 2) installation of 20 feet of red curb "No Parking' on the west side of 'N" Avenue, north of E. 20th Street; and 3) installation of Stop signs and Yield signs to provide traffic control at various intersections within the neighborhood bound by E. 20th Street to the north, Roseiawn Street to the south, "0" Avenue to the east, and "N" Avenue to the west (TSC No. 2017-12). PREPARED BY: Luca Zappiello, Civil Engineering Tech PHONE: 619-336-4360 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. NIA ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: STAFF RECOMMENDATION: Finance MIS Adopt Resolution authorizing installation of "No Parking" zones on portions of E. 20th Street and "N" Avenue, and traffic control for various intersections. BOARD / COMMISSION RECOMMENDATION At their meeting on April 12, 2017, the Traffic Safety Committee approved the staff recommendation for installing "No Parking" zones on portions of E. 20I' Street and "N" Avenue, and traffic control for various intersections. ATTACHMENTS: 1. Explanation wl Exhibits 2. Staff Report to the Traffic Safety Committee an April 12, 2017 (TSC No. 2017-12) 3. Resolution 39 of 177 EXPLANATION An area resident has requested the installation of 120 feet of "No Parking" signs on the north side of E. 20th Street, west of "N" Avenue, and installation of 20 feet of red curb "No Parking" on the west side of "N" Avenue, north of E. 20th Street, to enhance safety and access. The resident expressed concerns that this block of E. 20th Street is too narrow to accommodate two-way traffic with parking an both sides. Furthermore, the resident expressed concerns regarding visibility when vehicles on E. 20 Street are parked too close to the intersection at "N" Avenue. Staff performed a site evaluation. The posted speed limit along this segment of "N" Avenue is 25 mph. ph. There is no traffic controi for this iow volume intersection. Staff took measurements on E. 20th Street and confirmed that it is only 25 feet wide. California Fire Code requires a minimum clearance of 20 feet for emergency vehicles. When vehicles are parked on both sides of E. 20th Street the travel way narrows to 14 feet or Tess. Therefore, parking must be restricted to only one side of the street to ensure compliance with the California Fire Code. Since part of the north side of E. 20th Street is already painted red for "No Parking," staff recommends extending the "No Parking" on the north side of the street by an additional 120 feet. This would result in the Toss of six on -street, parallel parking spaces. Furthermore, when vehicles on E. 20th Street attempt to exit onto "N" Avenue, it is difficult for drivers to see oncoming southbound traffic when vehicles are parked too close to the corner. Therefore, staff recommends the installation of approximately 20 feet of red curb "No Parking" on the west side of "N" Avenue, north of E. 20th Street, to enhance visibility and access. This would result in the Toss of one on -street, parallel parking space. Staff also reviewed the traffic collision history for the intersection of E. 20th Street and "N" Avenue, which indicates that there were no "reported" traffic collisions within the past four years. However, in order to better facilitate traffic control at the intersection, staff rec 7; -� _ t. _ t• of Yield f e E. 2� ....�..�� ,..:.:;�,�E[;��r¢,i:y �ii�u'ii�ii�i�i7i� �GiQ control for the minor �`!�'�;E-''r approaches on x th Street. Section 2B-09 Yield Applications of the California Manua! on Uniform Traffic Control Devices (CA-MUTCD) states that yield signs may be considered on the approaches to a through street or highway where conditions are such that a full stop is not always required. Field observations suggest this condition is met for the eastbound and westbound E. 20th Street approaches (minor street) to the intersection with "N" Avenue (through street). Staff observed a similar condition at the intersection of E. 20th Street and "0" Avenue, which currently does not have traffic control. Therefore, consistent with the provisions of the CA-MUTCD, staff recommends installation of Yield control for the eastbound and westbound E. 20th Street approaches (minor street) to the intersection with "0" Avenue (through street). Staff also evaluated other nearby T-intersections in the neighborhood and recommends installation of Stop control for the single leg approaches to better clarify the right of way for drivers. 40 of 177 This item was presented to the Traffic Safety Committee on April 12, 2017. Letters were sent to area residents inviting them to attend the meeting. Four residents were in attendance and spoke in support of the installation of red curb "No Parking" on E. 20th Street and "N" Avenue. Based on the staff report and statements provided by area residents, the Traffic Safety Committee approved staffs recommendation to provide the following traffic safety enhancements: 1. Install approximately 120 feet of "No Parking" signs on the north side of E. 20th Street, west of "N' Avenue, to ensure compliance with the California Fire Code far emergency vehicle access. 2. Install 20 feet of red curb "No Parking" on the west side of "N" Avenue, north of E. 20th Street, to enhance visibility and access from E. 20th Street onto "N" Avenue. 3. Install Yield control for the eastbound and westbound E. 20th Street approaches (minor street) to the intersection with "N" Avenue (through street). 4. Install Yield control for the eastbound and westbound E. 20th Street approaches (minor street) to the intersection with "0" Avenue (through street). 5. Install Stop control for the southbound "0" Avenue (single leg) approach to the intersection with E. 22nd Street. 6. Install Stop control for the eastbound Roselawn Street (single leg) approach to the intersection with "N" Avenue. 7. Remove Yield control for the westbound E. 22nd Street (single leg) approach to the intersection with "N" Avenue and replace with Stop control for the same approach. If approved by City Council, all work will be performed by City Public Works. 41 of 177 Location Map with Proposed Enhancements (TSC stern: 2017-12) 4!1' of proposed pNo Parking" signage rs sCR SW of proposed ANC Paridng"" signage } • • 20' of proposed red curb " Mo Forking" 42 of 177 Traffic Control Improvements (TSC Item: 20:L7.12) LEGEND Recommended new stop sign location. 43 of 177 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 12, 2017 [rr.EMo. 2017-12 ITEM TITLE: REQUEST TO INSTALL 120 FEET OF "NO PARKING" SIGNS ON THE NORTH SIDE OF E. 20TH STREET, WEST OF "N" AVENUE, AND INSTALL 20 FEET OF RED CURE "NO PARKING" ON THE WEST SIDE OF "N" AVENUE, NORTH OF E. 2OTH STREET, TO ENHANCE SAFETY AND ACCESS. PREPARED BY: Luca Zappiello, Civil Engineering Technician DISCUSSION: An area resident has requested the installation of 120 feet of "No Parking" signs on the north side of E. 20th Street, west of "N" Avenue, and installation of 20 feet of red curb "No Parking" on the west side of "N" Avenue, north of E. 20th Street, to enhance safety and access. The resident expressed concerns that this block of E. 20th Street is too narrow to accommodate two-way traffic with parking on both sides. Furthermore, the resident expressed concerns regarding visibility when vehicles on E. 20 Street are parked too close to the intersection at "N" Avenue. Staff performed a site evaluation. The posted speed limit along this segment of "N" Avenue is 25 rnph. There is no traffic control for this !ow volume intersection. Staff took measurements on E. 20th Street and confirmed that it is only 26 feet wide. California Fire Code requires a minimum clearance of 20 feet for emergency vehicles. When vehicles are parked on both sides of E. 20h Street the travel way narrows to 14 feet or less. Therefore, parking must be restricted to only one sine of the street to ensure compliance with the California Fire Code. Since part of the north side of E. 20th Street is already painted red for "No Parking," staff recommends extending the 'No Parking" on the north side of the street by an additional 120 feet. This would result in the loss of six on - street, parallel parking spaces. Furthermore, when vehicles on E. 20th Street attempt to exit onto "N" Avenue, it is difficult for drivers to see oncoming southbound traffic when vehicles are parked too close to the corner. Therefore, staff recommends the installation of approximately 20 feet of red curb "No Parking" on the west side of "N" Avenue, north of E. 20th Street, to enhance visibility and access. This would result in the loss of one on -street, parallel parking space. Staff sent notices to all property owners and tenants on the street, encouraging them to contact staff and/or attend the Traffic Safety Committee Meeting. Staff also reviewed the traffic collision history for the intersection of E. 20th Street and "N" Avenue, which indicates that there were no "reported" traffic collisions within the past four years. However, in order to better facilitate traffic control at the intersection, staff recommends installation of Yield control for the minor street approaches on E. 20fh Street. 44 of 177 Section 2B-09 Yield Applications of the California Manual on Uniform Traffic Control Devices (CA-MUTCD) states that yield signs may be considered on the approaches to a through street or highway where conditions are such that a full stop is not always required. Field observations suggest this condition is met for the eastbound and westbound E. 20t'' Street approaches (minor street) to the intersection with "N" Avenue (through street). Staff observed a similar condition at the intersection of E. 20th Street and "O" Avenue, which currently does not have traffic control. Therefore, consistent with the provisions of the CA-MUTCD, staff recommends installation of Yield control for the eastbound and westbound E. 20th Street approaches (minor street) to the intersection with "C' Avenue (through street). Staff also evaluated other nearby T-intersections in the neighborhood and recommends installation of Stop control for the single leg approaches to better clarify the right of way for drivers. STAFF RECOMMENDATION: Staff recommends the following traffic safety enhancements: 1) install approximately 120 feet of "No Parking" signs on the north side of E. 20th Street, west of "N" Avenue, to ensure compliance with the California Fire Code for emergency vehicle access. 2) install 20 feet of red curb "No Parking" on the west side of "N" Avenue, north of E. 20th Street, to enhance visibility and access from E. 20th Street onto "N" Avenue. 3) Install Yield control for the eastbound and westbound E. 20th Street approaches (minor street) to the intersection with "N" Avenue (through street). 4) Install Yield control for the eastbound and westbound E. 20th Street approaches (minor street) to the intersection with "0" Avenue (through street). 5) install Stop control for the southbound "0" Avenue (single leg) approach to the intersection with E. 22"d Street. 6) Install Stop control for the eastbound Roselawn Street (single leg) approach to the intersection with "N" Avenue. 7) Remove Yield control for the westbound E. 22nd Street (single leg) approach to the intersection with "N" Avenue and replace with Stop control for the same approach. If approved by City Council, all work will be performed by City Public Works. EXHIBITS: 1. Public Request 2. Public Notice 3. Location Maps 4. Traffic Control Improvement 5. Photos 2017-12 45 of 177 20' of proposed red curb "Pilo Parking,► Location of proposed red curb "No Parking" on the west side of "N" Avenue. north of E. 2[]t''' Street iiooking west) Location of proposed red curb "No Parking" on the west slide of "iV Avenue, north of E. 20m Street (looking north) 46 of 177 IC 120' of proposed "No Parking" signs Location of proposed "No Parking" signs on the north side of E. 201' Street, west of Avenue (looking west) 47 of 177 PUBLIC REQUEST FORM Iiunnatlan Address: Phone: Email: Rosiest Infeentotten Location: g, , * ,. Request '� 24•9• -Ir, 1^1411 .90' oaf c4r10 114. Rd#11 s'ffleof ;or N.091'41141 tdrner) Attachments: Description: Infernal Use Only: Request Received By: 1.axpswirvezo - s Dote: / 7/L Received vhil Deovnteriin-Persoa1r DE l ❑Fax Rural: Notes: 48 of 177 49 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 50 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing installation of time -restricted "No Parking Street Sweeping" signs (Wednesday, 4:00 AM to 6:00 AM) on the 1200 block of McKinley Avenue and 600 block of W. l2th Street (TSC No. 2017-1 50 of 177 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 2, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing installation of time -restricted "No Parking Street Sweeping" signs (Wednesday, 4:00 AM to 6:00 AM) on the 1200 block of McKinley Avenue and 600 block of W. 12th Street (TSC No. 2017-14). PREPARED BY: Luca Zappiello, Civil Engineering Tech PHONE: 619-336-4360 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. NIA ENVIRONMENTAL REVIEW: N/A DEPARTMENT: Engineering/Public Works APPROVED BY: APPROVED: APPROVED: Finance MIS ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution authorizing insta:lation of time -restricted "No Parking Street Sweeping° signs on the 1200 block of McKinley Avenue and 600 block of W. 12th Street. BOARD l COMMISSION RECOMMENDATION: At their meeting on April 12, 2017, the Traffic Safety Committee approved the installation of time -restricted "No Parking Street Sweeping" signs on the 1200 block of McKinley Avenue and 600 block of W. 12th Street. ATTACHMENTS: 1. Explanation wl Location Map 2. Staff Report to the Traffic Safety Committee on April 12, 2017 (TSC No. 2017-14) 3. Resolution EXPLANATION Mr. Jacques Le Friant, business owner at 705 Civic Center Drive and 1212 McKinley Avenue, has requested the installation of time -restricted "No Parking Street Sweeping" signs on the 1200 block of McKinley Avenue and 600 block of W. 12th Street to improve access for scheduled weekly street sweeping. This is an industrial area occupied by several different types of businesses. The installation of "No Parking Street Sweeping" signs would improve weekly street sweeping service by allowing the sweeper to clear debris along the curbline. Since the posting of "No Parking Street Sweeping" signs would result in a two-hour parking prohibition, one day a week, the applicant is required to circulate a petition to businesses located on the two streets. The petition must be signed by at least 60 percent of the business owners in support of the signage. Mr. Le Friant submitted the petition to the Engineering & Public Works Department. The petition included signatures of 87 percent of the business owners in support of the installation of "No Parking Street Sweeping" signs, which exceeds the minimum requirement of 60 percent. Therefore, staff recommends installation of the "No Parking Street Sweeping" signs. Engineering staff consulted with the Public Works Streets Division and confirmed that street sweeping is scheduled for this area every Wednesday between the hours of 11:00 AM and 12:00 PM, with the exception of City holidays. This item was presented to the Traffic Safety Committee (TSC) on April 12, 2017. Mr. Jacques Le Friant and Mr. Angel Padilla (truck driver) were in attendance at the meeting. Mr. Le Friant spoke in support of the installation of time -restricted "No Parking Street Sweeping" signs. Mr. Padilla was against the installation of time -restricted "No Parking Street Sweeping" signs stating that it would be difficult for area workers to move their vehicles during working hours. In order to better accommodate area workers; Public Works Streets Division has offered to add this Iocation to their Wednesday morning street sweeping route, which occurs between 4:00 AM and 6:OOAM. Based on the staff report and statements provided by Mr. Le Friant and Mr. Padilla, the Traffic Safety Committee approved staffs recommendation to install time -restricted "No Parking Street Sweeping" signs Wednesday, 4:00 AM to 6:00 AM) on the 1200 block of McKinley Avenue and 600 block of W. 12th Street. If approved by City Council, all work will be performed by City Public Works. 52 of 177 Location Map with Proposed Enhancements (TSC Item: 2017-14) Area of the proposed Installation of customized Time -Restricted ''No Parking - Street Sweeping* signage 1 53 of 177 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 12, 2017 I ITEM NO. 2017-14 1 ITEM TITLE: 3 REQUEST TO INSTALL TIME -RESTRICTED "NO PARKING STREET SWEEPING" SIGNS ON THE 1200 BLOCK OF MCKINLEY AVENUE AND 600 BLOCK OF W. 12TH STREET. PREPARED BY: Luca Zappiello, Civil Engineering Technician DISCUSSION: Mr. Jacques Le Friant, business owner at 705 Civic Center Drive and 1212 McKinley Avenue, has requested the installation of time -restricted "No Parking Street Sweeping" signs on the 1200 block of McKinley Avenue and 600 block of W. 12th Street to improve access for scheduled weekly street sweeping. This is an industrial area occupied by several different types of businesses. The installation of "No Parking Street Sweeping" signs would improve weekly street sweeping service by allowing the sweeper to clear debris along the curbline. Since the posting of "'No Parking Street Sweeping" signs would result in a two-hour parking prohibition, one day a week, the applicant is required to circulate a petition to businesses located on the two streets. The petition must be signed by at least 60 percent of the business owners in support of the signage, Mr. Le Friant submitted the petition to the Engineering & Public Works Department. The petition included signatures of 87 percent of the business owners in support of the installation of "No Parking Street Sweeping" signs, which exceeds the minimum requirement of 60 percent. Therefore, staff recommends installation of the "No Parking Street Sweeping" signs. Engineering staff consulted with the Public Works Streets Division and confirmed that street sweeping is scheduled for this area every Wednesday between the hours of 11:00 AM and 12:00 PM, with the exception of City holidays. STAFF RECOMMENDATION: Staff recommends the installation of time -restricted "No Parking Street Sweeping' signs, "Wednesday, 11:00 AM to 12:00 PM," on the 1200 block of McKinley Avenue and 600 block of W. 12th Street. If approved by City Council, all work will be performed by City Public Works. 54 of 177 EXHIBITS: 1. Public Request 2. Petition 3. Public Notice 4. Location Map b. Photos 55 of 177 tt3OB (CA) Proposed location of customized Time - Restricted "No Parking - Street Sweeping" signage McKinley Avenue R306 (CA) Proposed location of customized Time - Restricted "No Parking - Street Sweeping" signage Location of proposed Time -Restricted "No Parking -Street Sweeping" on both sides of McKinley Avenue (looking north) Proposed location of customized Time - Restricted "No Parking - Street Sweeping" signage R39B (CA) W. 12 '-S e! MOW SREII warn R3OB RCA) Proposed location of customized Time - Restricted "No Parking - Street Sweeping' signage Location of proposed Time -Restricted "No Parking -Street Sweeping" on both sides of W. 12th Street (looking east) 56 of 177 REQUEST FOR "NO PARKING" STREET SWEEPING SIGNS PETITION TO REQUEST "NO PARKING" STREET SWEEPING SIGNS ON 1200 BLOCK OF MCKINLEY AVENUE AND 600 BLOCK OF W. I2T$ STREET NAME (PRINT) SIGNATURE DATE STREET ADDRESS iClt fAvrj7Ac c J . -i' /i.` s" Cl Inc C & -p I 2- IS/i? t re6�. St- �y Q 117'�t 1 A" D t ��, � 2 17 ,4 / I (, , 1 1 PiK3 &PhDEPT, CITY OF NATIO& CITY 57 of 177 PUBLIC REQUEST FORM contact Informatknt Marne: Jacques Le Friant Address: 705 Civic Center drive m Rhone: - - Email Request enformatla,I Lccatio n.1200 Block of McKinley and 12th. Ave. Request: Requesting signs for sweep days to be posted. when they try to sweep the streets, cars do not move. Too much dust in this area, need signs, • Attachments: Q Yes CI No Descrlptioo: kiternid Use c : RequestReceived By: iirza Gonzales Received via: LJCounterfin-persara ZTelephanrl Email EFax EjReferrak Not= via voicernail 101512016 10/5/2016 58 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 59 The following page(s) contain the backup material for Agenda Item: Warrant Register #37 for the period of 03/08/17 through 03/14/17 in the amount of $2,163,055.28. (Finance) 59 of 177 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 2, 2017 AGENDA ITEM NO. ITEM TITLE: Warrant Register #37 for the period of 03/08/17 through 03/14/17 in the amount of $2,163,055.28. (Finance) PREPARED BY: K. Apalategui PHONE: 619-336-4572 DEPARTMENT: Finance APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 03/08/17 through 03/14I17. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor CheckNVire Health Net Inc 327838 Kaiser Foundation HP 327841 Project Professionals Corp 327869 Ron Baker Chevrolet 327874 Kinsman Construction 327901 Public Emp Ret System 3082017 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,163,055.28. Amount 85,654.84 190,435.44 50,406.74 54,105.63 148,783.98 409,674.16 Explanation Health Net Ins R1192A March 2017 Kaiser Ins Active Mar 2017 Paradise Creek Ed. Project 2017 Chevrolet Suburban LT, 4WD/FD Police Department Building Imp Project Service Period 02/14/17 — 02/27/17 APPROVED: i ` if . Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratify warrants totaling $2,163,055.28. BOARD f COMMISSION RECOMMENDATION: ;NIA ATTACHMENTS: Warrant Register #37 60 of 177 PAYEE ACE UNIFORMS & ACCESSORIES INC AETNA RESOURCES FOR LIVING AFLAC AIR POLLUTION CONTROL DISTRICT AMERICAN PLANNING ASSOCIATION ASPEN RISK MANAGEMENT GROUP AT&T AT&T AT&T MOBILITY AT&T MOBILITY AT&T MOBILITY BARAHURA,D CAPF CALIFA GROUP CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CALIFORNIA LAW ENFORCEMENT CALIFORNIA PUBLIC SAFETY CHILDREN'S HOSPITAL CHRISTENSEN & SPATH LLP CIRCULATE SAN DIEGO CLEAN HARBORS COUNTY OF SAN DIEGO COX COMMUNICATIONS CRYSTAL IMAGE TECHNOLOGIES DANIELS TIRE SERVICE DAY WIRELESS SYSTEMS DELTA DENTAL DELTA DENTAL INSURANCE CO DIETSCH'S HEARING AID CENTER D-MAX ENGINEERING ENTERPRISE FLEET MANAGEMENT ESGIL CORPORATION FEDEX FERGUSON ENTERPRISES INC GAFFNEY, M GAMWELL, M GRANICUS INC HANSEN, D HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC INNOVATIVE CONSTRUCTION IRON MOUNTAIN KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS WARRANT REGISTER #37 3/14/2017 DESCRIPTION ACE UNIFORMS & ACCESSORIES / NSD EMPLOYEE ASSISTANCE PROGRAM - MARCH AFLAC ACCT BDM36 MARCH 2017 APCD FEES MEMBERSHIP FEE - M FELLOWS RISK MANAGEMENT MONTHLY SERVICES AT&T JANUARY 2017 AT&T FEBRUARY 2017 AT&T WIRELESS DECEMBER 2016 AT&T FEBRUARY 2017 AT&T WIRELESS FEBRUARY 2017 TRAINING ADV LDG PUBLIC SAFETY / PD FIRE LTD MARCH 2017 CENIC BROADBAND OCT - DEC 2016 MOP#45754 AUTO PARTS / PW FLEET MOP#45698 ELECTRIC SUPPLIES / FACILITIES PD LTD MARCH 2017 TUITION PUBLIC SAFETY TRAINING / PD CHILD ABUSE EXAMS / POLICE LEGAL SERVICES FOR WESTSIDE TOD ACTIVE TRANSPORTATION PROJECT HOUSEHOLD HAZARDOUS WASTE RCS FEBRUARY 2017 COX MARCH 2017 REPAIR FEE / POLICE MOP#76986 TIRES / FLEET PW COMMS EQUIP SERVICE / FIRE CITY SHARE / MARCH 2017 PMI DENTAL INS MARCH 2017 30 SETS OF CUSTOM SOUND PLUGS / PD T&A #90185 NC PLAZA ENTERPRISE FLEET VEHICLES LEASE INSPECTION SERVICES / BLDG MAILING SERVICES /CALTRANS - KELLY LIST MOP#45723 PIPE SUPPLIES / PW TRAINING ADV LDG PUBLIC SAFETY / PD CALED-MOVING FORWARD ANNUAL TRAINING GRANICUS WEBCASTING MARCH 2017 TRAINING ADV LDG PUBLIC SAFETY / PD FULL NETWORK 57135A / MAR 2017 HEALTH NET INS N7177F MAR 2017 HALTHNET INS N7177A MARCH 2017 HEALTH NET INS R1192A MAR 2017 T&A#90173 REFUND / ENG RECORDS MANAGEMENT & DOCUMENT STORAGE KAISER INS ACTIVE MAR 2017 KAISER RETIREES INS MAR 2017 KAISER RETIRE, 7 KAISER HD H S 61 of 177 1/3 CHK NO DATE AMOUNT 327796 3/14/17 479.43 327797 3/14/17 830.56 327798 3/14/17 780.80 327799 3/14/17 356.00 327800 3/14/17 315.00 327801 3/14/17 2,700.00 327802 3/14/17 8,341.98 327803 3/14/17 38.18 327804 3/14/17 2,667.56 327805 3/14/17 148.28 327806 3/14117 60.88 327807 3/14117 984.28 327808 3/14/17 1,004.50 327809 3/14/17 4,666.18 327810 3/14117 157.22 327811 3/14/17 266.65 327812 3/14/17 2,033.50 327813 3/14/17 590.00 327814 3/14/17 456.00 327815 3/14/17 4,796.25 327816 3114/17 4,444.20 327817 3114/17 293.25 327818 3/14/17 8,250.00 327819 3/14/17 562.57 327820 3/14/17 283.86 327821 3/14/17 689.80 327822 3/14/17 649.75 327823 3/14/17 16,802.01 327824 3/14/17 2,539.68 327825 3/14/17 1,834,92 327826 3/14/17 3,645.95 327827 3/14/17 14,485.57 327828 3/14/17 3,578.50 327829 3/14/17 54.03 327830 3/14117 520.56 327831 3/14/17 626.70 327832 3/14/17 606.34 327833 3/14/17 1,477.35 327834 3/14/17 626.70 327835 3/14/17 5,760.99 327836 3/14/17 2,257.60 327837 3114/17 1,711.86 327838 3/14/17 85,654.84 327839 3/14/17 218.00 327840 3/14/17 167.21 327841 3/14/17 190,435.44 327842 3/14/17 20,270.88 327843 3/14/17 7,296.40 327844 3/14/17 3,317.56 LANGUAGE LINE SERVICES LASER SAVER INC LAW ENFORCEMENT TARGETS LEXIPOL LLC MAINTEX INC MCLAUCHLIN, A MELLADO DESIGNS MORPHOTRUST USA LLC MOTOPORT MOTOROLA SOLUTIONS INC NAPA AUTO PARTS NATIONAL CITY HISTORICAL NATIONAL CITY TROPHY NBS OPPER & VARCO LLP O'REILLY AUTO PARTS PACIFIC TELEMANAGEMENT SERVICE PAPA PAPA PEACE OFFICERS RESEARCH PECK, B PENSKE FORD PORAC LEGAL DEFENSE FUND PRO BUIL❑ PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RELIANCE STANDARD RELY ENVIRONMENTAL RESCUE PHONE INC RON BAKER CHEVROLET S D TRAINING MANAGERS ASSOC SAN DIEGO FRICTION PRODUCTS SAN DIEGO UNION TRIBUNE SASI SCST INC SIGNA DIGITAL SOLUTIONS SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SOLARWINDS INC STANICH, C STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS TELECOM LAW FIRM P C THE COUNSELING TEAM THE LINCOLN NATIONAL LIFE INS TIERRA WEST ADVISORS INC USBANK US}BANK U S HEALTHWORKS VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL VCA MAIN ST ANIMAL HOSPITAL VERIZON WIRELESS VISTA PAINT LANGUAGE LINE INTERPRETATION SERVICES MOP 04840 LASER SAVER PRINTER SUPPLIES QT TARGETS 1 PD LAW ENFORCEMENT POLICY & TRAINING / PD JANITORIAL SUPPLIES / NSD TRAINING ADV LDG PUBLIC SAFETY / PD POLO SHIRTS ITEM / HOUSING ANNUAL RENEWAL SOFTWARE / MIS MOTOPORT AIR MESH JACKET BLK / PD POLICE VEHICLE RADIOS / PD MOP 45735. AUTO SUPPLIES / FIRE NC HISTORICAL SOCIETY LEASE AGREEMENT MOP#66556 SUPPLIES / FACILITIES PW LANDSCAPE MAINTENANCE DISTRICT / PLANNING LEGAL SERVICES FOR TOD PROJECT MOP#75943 AUTO SUPPLIES / FLEET PW PTS PAYPHONE MARCH 2017 PESTICIDE APPLICATION SEMINAR / PARKS PESTICIDE APPLICATION COURSE / PARKS ASSOCIATION FOR INSURANCE AND WORKERS ADV SUB ROT / PD MOP#49078 AUTO SUPPLIES / FLEET PW LEGAL DEFENSE FUND FOR RESERVE POLICE MOP#45707 FACILITY SUPPLIES / PW PARADISE CREEK ED. PROJECT MOP#45742 LAUNDRY / PW VOLUNTARY LIFE INS MAR 2017 PUBLIC WORKS YARD PROJECT HOSTAGE NEGOTIATOR PHONE / PD 2017 CHEVROLET SUBURBAN LT, 4WD / FD SAN DIEGO TRAINING MANAGERS' ASSOCIATION MOP#80333 AUTO SUPPLIES / FLEET PW LEGAL NOTICES ADVERTISING FLEXIBLE SPENDING PARTICIPANTS E. 16TH & GROVE PEDEST. PROJECT REPLACEMENT PRINTHEADS CANON PLOTTER -ENG MOP 45756/PROMOTIONAL ACTIVITIES/HR MOP COURTESY VEH IMP NOTICE/PD VIRTUALIZATION MANAGER SOFTWARE TRAINING MEAL REIMBURSEMENT GANG / PD MOP 45704/OFFICE SUPPLIES/HR MOP 10471 STARTECH ELECTRONIC ACCESSORIES LEGAL SERVICE / CMO MONTHLY EMPLOYEE SUPPORT SVC FEE/POLICE LIFE & AD&D STD LTD INS MAR 2017 AMORTIZATION CONSULTANT / PLANNING MONTHLY CREDIT CARD STATEMENT - FEBRUARY CREDIT CARD EXPENSES -ENG/PW MEDICAL SERVICES / HR DEPT MOP#46453 ELECTRIC SUPPLIES / FACILITIES STRAY ANIMAL EMERGENCY VET CARE / PD K9 VET CARE / PD VERIZON FEBRI MOP#68834 PAR =ACILITIES PW 62 of 177 2/3 327845 3/14117 46.38 327846 3114/17 342.40 327847 3/14/17 586.90 327848 3/14/17 882.00 327849 3/14/17 419.47 327850 3/14/17 626.70 327851 3/14/17 206.88 327852 3114/17 2,886,70 327853 3/14117 1,162.80 327854 3/14/17 43,130.40 327855 3/14/17 68.49 327856 3/14/17 5,000.00 327857 3/14/17 40.78 327858 3114/17 871.01 327859 3/14/17 130.00 327860 3/14/17 403.80 327861 3/14/17 78.00 327862 3/14/17 300.00 327863 3/14/17 225.00 327864 3/14/17 110.00 327865 3/14/17 444.87 327866 3/14/17 795.32 327867 3/14/17 148.50 327868 3/14117 640.73 327869 3/14/17 50,406.74 327870 3/14/17 335.38 327871 3/14/17 3,000,66 327872 3/14/17 604.00 327873 3/14/17 6,495.00 327874 3/14/17 54,105.63 327875 3/14/17 50.00 327876 3/14/17 372.53 327877 3/14/17 3,592.04 327878 3/14117 501.50 327879 3/14/17 406.00 327880 3/14/17 639.38 327881 3/14/17 37.18 327882 3/14/17 474.16 327883 3114/17 4,406.50 327884 3/14/17 60.47 327885 3/14117 189.49 327886 3114/17 1,222.47 327887 3/14/17 690.00 327888 3/14/17 800.00 327889 3/14/17 10,019.30 327890 3/14/17 7,285.00 327891 3/14/17 1,239.75 327892 3/14/17 271.20 327893 3/14/17 88.00 327894 3/14/17 117.18 327895 3/14/17 2,331.54 327896 3/14/17 120.54 327897 3114117 12,867.26 327898 3114/17 91.13 3/3 WEST PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY KINSMAN CONSTRUCTION INC WIRED PAYMENTS ARCO BUSINESS SOLUTIONS PUBLIC EMP RETIREMENT SYSTEM t !4‘104.i l CLEAR INVESTIGATIVE DATABASE / POLICE MOP 45763/ELECTRONIC SUPPLIESAT POLICE DEPARTMENT BUILDING IMP. PROJECT FUEL FOR CITY FLEET PEB 2017 SERVICE PERIOD 02/14/17 - 02/27/17 PAYROLL Pay period Start Date End Date Check Date 32 2/28/2017 3/13/2017 3/22/2017 327899 3/14/17 1,471.93 327900 3/14/17 636.18 327901 3/14/17 148,783.98 A/P Total 747,374.32 726477 3/14/17 25,646.43 3082017 318/17 409,674.16 980,380.37 GRAND TOTAL $ 2,163,055.28 63 of 177 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CER11FFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO TIE AVAILABILITY. OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOUS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER 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 2"8. OF MAY, 2017. AYES NAYS ABSENT 64 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 65 The following page(s) contain the backup material for Agenda Item: Warrant Register #38 for the period of 03/15/17 through 03/21/17 in the amount of $576,011.51. (Finance) 65 of 177 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 2, 2017 AGENDA ITEM NO. ITEM TITLE: Warrant Register #38 for the period of 03/15/17 through 03/21/17 in the amount of $576,011.51. (Finance) PREPARED BY: K. Apalatequi DEPARTMENT: Finance PHONE: 619-336-4572 ia4544 - APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 03/15/17 through 03/21/17. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Public Emp Ret System 3212017 412,832.75 Service Period 02/28/17 — 03/13/17 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $576,011.51. APPROVED: 10 : finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratify warrants totaling $576,011.51. BOARD f COMMISSION RECOMMENDATION: Ilf ATTACHMENTS: Warrant Register #38 --I AR of 177 PAYEE DURAN, D SDCDA SOUTHWESTERN COLLEGE ACME SAFETY & SUPPLY CORP AZTEC APPLIANCE BOOT WORLD CAL UNIFORMS INC CALIFORNIA COMMERCIAL SECURITY CLF WAREHOUSE COMMERCIAL AQUATIC SERVICE INC DANIELS TIRE SERVICE DAY WIRELESS SYSTEMS DION INTERNATIONAL TRUCK INC DISCOUNT SPECIALTY CHEMICALS DIVISION 8 INCORPORATED ESGIL CORPORATION EXPRESS PIPE AND SUPPLY CO INC FEDEX FERGUSON ENTERPRISES INC FIRE PREVENTION SERVICES INC FRED PRYOR SEMINARS GONZALES, T GRAINGER HUB CONSTRUCTION INDEPENDENT FORENSIC SERVICES JOHNSON EQUIPMENT COMPANY KANE, P LASER SAVER INC LEAGUE OF CALIFORNIA CITIES MACHADO, R NAPA AUTO PARTS NATIONAL CITY ELECTRIC O'REILLY AUTO PARTS ORKIN PACIFIC AUTO REPAIR POWERSTRIDE BATTERY CO INC PRO BUILD PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL. SUPPLY RED WING SHOES STORE RIVERSIDE COUNTY SHERIFF DEPT ROADONE RODRIGUEZ, M RON BAKER CHEVROLET S & S WELDING SAN DIEGO FRICTION PRODUCTS SDG&E SHEPHARD, S SOUTH BAY WINDOW & GLASS CO 1/2 WARRANT REGISTER #38 3/21/2017 DESCRIPTION CHK NO DATE AMOUNT ADV SUB ROT TRAINING / PD 327902 3/21/17 444.86 CITIZENS OF COURAGE AWARDS / MORRISON 327903 3121/17 60.00 ANNUAL CESAR E. CHAVEZ BREAKFAST/ MORRISON 327904 3/21/17 40.00 RAIN JACKETS - PW 327905 3/21/17 150.07 CITY WIDE APPLIANCE PURCHASES / PW 327906 3/21/17 1,062.26 MOP#84096 SAFETY BOOTS / PW STAFF 327907 3/21/17 94.36 S308V SPACEWALK REVERSIBLE JACKET i PD 327906 3/21/17 4,168.73 CITY WIDE ONSITE REPAIRS & INSTALLATION 327909 3/21/17 908.50 MOP# 80331 AUTO SUPPLIES / FLEET PW 327910 3/21/17 310.47 PURCHASE OF CHEMICAL POOL SUPPLIES 327911 3/21/17 672.89 TIRES FOR CITY FLEET FOR FY 2017 327912 3/21/17 1,379.86 MIC'S, VOLUME KNOBS / FIRE 327913 3/21/17 335.16 RADIO ASM AM FM - FLEET DIVISION 327914 3/21/17 271.47 HAND WIPES SANITIZER - STREETS DIVISION 327815 3/21/17 399.72 CITY WIDE ON SITE GLASS AND WINDOW REPAIRS 327916 3/21/17 4,985.00 PLAN CHECKS / FIRE 327917 3/21/17 3,237.90 CITY WIDE PLUMBING PARTS & MATERIALS 327918 3/21/17 293.21 SHIPPING SERVICES / ENG 327919 3121/17 30.22 MOP# 45723 PIPE SUPPLIES / STREET DIVISION 327920 3/21/17 264.47 FIRE PREVENTION SVCS/APPORTIONMENTS #5,6 327921 3/21/17 10,201.91 TRAINING / PAYROLL LAW SEMINAR / FINANCE 327922 3/21/17 298,00 MILEAGE REIMBURSEMENT/ENGINEERING 327923 3/21/17 13.70 STARTER METAL BIN SHELVING / FIRE 327924 3/21/17 2,268.65 ASPHALT LUTE / PW STREETS MATERIAL 327925 3/2i/17 219.57 INDEPENDENT FORENSIC SERVICE / POLICE 327926 3/21/17 6,080.00 EMERGENCY VEHICLE LIGHTING / FLEET 327927 3/21/17 7,071.30 EDUCATION REIMBURSEMENT 327928 3/21/17 595.00 MOP 45725. TONER CARTRIDGES FOR TINY TOTS 327929 3/21/17 314.07 2017 LOCAL STREET ASSESSMENT 327930 3/21/17 400.00 TRAINING REIMB. PEER SUPPORT/ MACHADO 327931 3/21/17 735.75 MOP# 45735. AUTO PARTS / PW 327932 3/21/17 79.00 CITY WIDE ONSITE ELECTRICAL 327933 3/21/17 650.00 MOP# 75877 AUTO PARTS / FLEET PW DIVISION 327934 3/21/17 506.73 CITY WIDE PEST CONTROL SERVICE 327935 3/21/17 416.50 MOP# 72448 SMOG CHECK / FLEET DIVISION 327936 3/21/17 55.00 MOP# 67839 AUTO SUPPLIES / FLEET PW 327937 3/21/17 163.07 MOP#45707 SUPPLIES / PUBLIC WORKS 327938 3/21/17 1,585,16 FIRE STATION ANNEX/ FIRE 327939 3/21/17 4,537.50 MOP# 45742 LAUNDRY / PW DIVISIONS 327940 3/21/17 364.51 SAFETY BOOTS / STREET DIVISION STAFF 327941 3/21/17 750.02 TUITION ROT TRAINING / PD 327942 3/21/17 160.00 MOP# 75948 TOWING SERVICES / FLEET PW 327943 3/21/17 102.60 ADV SUB FBI EXECUTIVE SEMINAR / PD 327944 3/21/17 710.37 MOP# 45751 AUTO PARTS / FLEET PW DIVISION 327945 3/21/17 69.33 CUSTOM ANGLE FRAME GALVANIZED / PW 327946 3/21/17 130.50 MOP# 80333 AUTO PARTS / FLEET PW DIVISION 327947 3/21/17 105.57 FACILITIES DIVISION GAS & ELECTRIC UTILITIES 327948 3/21/17 32,870.79 TRAINING REI - 327949 3/21/17 264.09 CITY WIDE AU 67 of 177 REPAIRS 327950 3/21/17 457.36 PAYEE SOUTHERN CALIF TRUCK STOP STANICH, C STAPLES BUSINESS ADVANTAGE STAPLES BUSINESS ADVANTAGE STC TRAFFIC INC SUN, A SUPERIOR READY MIX SWEETWATER AUTHORITY THE BANK OF NEW YORK MELLON THE HOME DEPOT CREDIT SERVICES TOPECO PRODUCTS TURF STAR U S BANK U S BANK ULINE UNDERGROUND SERVICE ALERT UNITED PARCEL SERVICE UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES VISTA PAINT WALKINGSPREE USA LTD WAXIE SANITARY SUPPLY WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZOLL MEDICAL CORP ABLE PATROL & GUARD AMAZON AMERICAN LIBRARY ASSOC BAKER & TAYLOR BIBLIOTHECA LLC SRODART CO CALIFORNIA PUBLIC LIBRARY CALIFORNIA LIBRARY ASSOC DEMCO INC MATRIX DEVELOPMENT LLC MIDWEST TAPE NEW READERS PRESS SIRSIDYNIX 774271 STAPLES BUSINESS ADVANTAGE U S POSTMASTER WIRED PAYMENTS PAYCHEX BENEFIT TECHNOLOGIES PUBLIC EMP RETIREMENT SYSTEM SECTION 8 RAPS WARRANT REGISTER #38 3/21/2017 pESGRIPTION MOP# 45758 OIL FOR VEHICLES / FLEET PW ADV SUB ROT TRAINING / PD OFFICE SUPPLIES FOR POLICE DEPT. MOP 45704. CAMACHO REC. CENTER T&A #90163 REFUND MEETINGS MILEAGE REIMBURSEMENT / ENG TACK OIL, 3/8 SHEET AND COLD MIX / PW PARKS DIVISION WATER UTILITIES CUSTODIAN FEE PERIOD 10/1/16 -12/31/16 TESTER FOR CITY FLEET MOP# 63849 AUTO SUPPLIES / FLEET PW BLADE ROTARY ATOMIC / PW CREDIT CARD EXPENSES / oD CREDIT CARD EXPENSES / CSD LAB SUPPLIES / POLICE UNDERGROUND SERVICE ALERT FY 2017 UPS SHIPMENT STREET SWEEPER REPAIRS / PW MOP 46453 PLUMBING SUPPLIES / PW MOP# 68834 PAINT SUPPLIES / PW IWALKPLAN /WELLNESS PROGRAM JANITORIAL SUPPLIES 1 PW MOP#63850 AUTO SUPPLIES / FLEET PW MOP# 45763 ELECTRIC SUPPLIES / PW MEDICAL SUPPLIES / FIRE SECURITY GUARD SERVICES / LIBRARY BOOKS / LIBRARY PROFESSIONAL MEMBERSHIP / LIBRARY BOOKS / LIBRARY ANNUAL SUPPORT AND MAINTENANCE / LIBRARY BOOKS / LIBRARY LIBRARY BOARD OF TRUSTEES MEMBERSHIP INSTITUTIONAL MEMBERSHIP / LIBRARY BOOK PROCESSING SUPPLIES / LIBRARY SUPPORT, TRAINING AND SOFTWARE UPDATES DVD'S / LIBRARY BOOKS / LIBRARY AUTOMATION MAINTENANCE / LIBRARY MOP #45704 - SUPPLIES / LIBRARY POSTAGE FOR OVERDUE NOTICES / LIBRARY BENETRAC ESR SVCS BASE FEE MAR 2017 SERVICE PERIOD 02/28/17 - 03/13/17 Start Date End Date 3/15/2017 3/21/2017 2/2 CHK NO DATE AMOUNT 327951 3/21117 167.05 327952 3/21/17 444.86 327953 3/21/17 97.71 327954 3/21/17 91.97 327955 3121/17 1,820.00 327956 3/21/17 20.27 327957 3/21/17 973.28 327958 3/21/17 13.77 327959 3/21/17 300.00 327960 3/21/17 118.47 327961 3/21/17 136.14 327962 3/21/17 380.75 327963 3/21/17 3,986.40 327964 3/21 /17 668.66 327965 3/21/17 2,046.36 327966 3/21/17 294.00 327967 3/21/17 13.40 327968 3/21/17 530.86 327969 3/21/17 344.02 327970 3/21/17 72.90 327971 3121/17 9,68 327972 3/21/17 4,937.93 327973 3/21/17 78.95 327974 3/21/17 33.83 327975 3/21117 1,275.77 327976 3/21/17 2,935.25 327977 3/21/17 2,821.21 327978 3/21/17 137.00 327979 3/21/17 969.17 327980 3/21/17 10,481.85 327981 3/21/17 503.45 327982 3/21/17 125.00 327983 3/21/17 765.00 327984 3/21/17 221.91 327985 3/21/17 695.00 327986 3/21/17 1,173.62 327987 3/21/17 71.16 327988 3/21/17 18,475.51 327989 3/21/17 165.40 327990 3121/17 1,274.00 A/P Total 150,145.76 651477 3/17/17 507.00 3212017 3/21/17 412,832.75 11,726.00 68 of 177 GRAND TOTAL $ 576, 011.51 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 FURTI--TER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY I.A.W. MARK. ROBER S, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER 1 HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 2nd OF MAY, 2017. AYES NAYS ABSENT 69 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 70 The following page(s) contain the backup material for Agenda Item: Warrant Register #39 for the period of 03/22/17 through 03/29/17 in the amount of $1,741,461.85. (Finance) 70 of 177 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 2, 2017 AGENDA ITEM NO. ITEM TITLE: Warrant Register #39 for the period of 03/22/17 through 03/29/17 in the amount of $1,741,461.85. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Financ r PHONE: '6 19-336-4572 } APPROVED BY: ✓ � EXPLANATION: Per Government Section Code 37208, attached are the warrants issuedfor the period of 03/22/17 through 03/29/17. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Amount Dick Miller 328105 113,575.32 Explanation Plaza and 14th St. Project West Tech Contracting Inc 328084 83,597.60 Paradise Creek Rest. Project Western Rim Constructors 328085 103,655.01 Kimball, El Toyon & Skate P. Project North County Ford 328090 86,351.53 2017 Ford F-450, F-250'S / PW Adminsure Inc 664908 100,328.21 W/C Acct Replenishment -Feb 2017 i FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,741,461.85. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratify warrants totaling $1,741,461.85. BOARD 1 COMMISSION RECOMMENDATION; N/A ATTACHMENTS: 'Warrant Register #39 Finance MIS 71 of 177 PAYEE DEPARTMENT OF TOXIC SUBSTANCES ACME SAFETY & SUPPLY CORP ALDEMCO ALL FRESH PRODUCTS ATKINS NORTH AMERICA INC BANNER BANK BSE ENGINEERING INC CALIFORNIA COMMERCIAL SECURITY CALIFORNIA DIESEL COMPLIANCE CALIFORNIA ELECTRIC SUPPLY CALIFORNIA POLICE CHIEFS ASSOC CESNAUSKAS, S CHRISTENSEN & SPATH LLP CIRCULATE SAN DIEGO CLF WAREHOUSE COMMERCIAL AQUATIC SERVICE INC CORNEJO, J COX COMMUNICATIONS CULLIGAN DANIELS TIRE SERVICE DATA TICKET INC DELIVERY CONCEPTS INC DEPARTMENT OF JUSTICE DICK MILLER INC DISCOUNT SCHOOL SUPPLY ECMS EVCON ASSOCIATES LLC FASTSIGNS FERGUSON ENTERPRISES INC FIRST AID STORE GRAINGER HAAKER EQUIPMENT COMPANY HARRIS & ASSOCIATES HUB CONSTRUCTION JERAULDS CAR CARE CENTER KIMLEY HORN AND ASSOC INC KTU&A LAKESHORE LEARNING MATERIALS LASER SAVER INC LEFORTS SMALL ENGINE REPAIR LIFE ASSIST INC LOPEZ, TERESA YOLANDA MAN K9 INC MEGLA MANUFACTURING INC METRO FIRE & SAFETY MICHAEL BAKER INTERNATIONAL MTS NATIONAL CITY CAR WASH NATIONAL CITY ELECTRIC 1/3 WARRANT REGISTER #39 3/28/2017 DESCRIPTION CHK NO DATE AMOUNT PUBLIC WORKS YARD ASSESSMENT 327991 3128/17 1,409.55 DAY NIGHT CONES - STREETS PW 327992 3/28/17 462.30 FOOD 1 NUTRITION CENTER 327993 3/28/17 3,666.26 FOOD 1 NUTRITION CENTER 327994 3/28/17 1,142.57 ALLEY DESIGN PROJECT 327995 3/28/17 4;724.52 PLAZA BLVD, WIDENING PROJECT 327996 3/28/17 791.58 POLICE STA. UPGRADES PROJECT 327997 3/28117 2,968.0E CITY WIDE ONSITE REPAIRS & INSTALLATIONS 327998 3/28/17 1,249.40 DIESEL COMPLIANCE - MECHANICS PW 327999 3/28117 295.00 MOP# 45698 ELECTRIC SUPPLIES / PW 328000 3/28/17 316.79 CA POLICE CHIEF ASSOCIATION MEMBERSHIP 328001 3/28/17 1,764.00 EDUCATION REIMBURSEMENT 328002 3/28/17 475.00 LEGAL SERVICES FOR MORGAN SQUARE 328003 3/28/17 1,366.25 ACTIVE TRANSPORTATION PROJECT 328004 3/28/17 5,281.86 MOP 80331 SUPPLIES - PARKS PW 328006 3/28/17 583.96 PURCHASE OF CHEMICAL. POOL SUPPLIES 328007 3/28/17 1,508.07 TRAINING ADV SUB ROT / PD 328008 3/28117 384.00 COX CABLE & INTERNET SERVICES MARCH 201 328009 3/28/17 3,529.62 WATERSOFTNER / NUTRITION 328010 3/28/17 221.50 MOP# 76986 TIRES / FLEET PW 328011 3/28/17 92.07 DATA TICKET APPEALS & ON-LINE ACCESS 1 NSD 328012 3/28/17 2,721.94 HP 1020 LATCH BODY ONLY / EQUIP PW 328013 3/28/17 147.34 INVESTIGATIVE SERVICES 328014 3/28/17 96.00 PLAZA AND 14TH ST. PROJECT 328015 3/28/17 113;575.32 TINY TOT CLASSROOM SUPPLIES / CSD 328016 3/28117 673.19 TURNOUT REPAIRS / PW 328017 3/28/17 1,281.07 ECONOMIC DEVELOPMENT CONSULTING 328018 3128/17 10.000.00 ALUMINUM CUT SIGN / STREETS DIV PW 328019 3/28/17 130.38 MOP# 45723 PIPE SUPPLIES / PW 328020 3/28117 472.11 FIRST AID SUPPLIES / THE SENIOR CENTER 328021 3/28/17 292.20 MOP#65779 SUPPLIES / PW FACILITIES 328022 3/28/17 285.98 DIRT SHOE VEHICLE PARTS / MECHANICS PW 328023 3/28/17 1,208.73 PARADISE CREEK SEWER PROJECT 328024 3/28/17 15,248.00 RAIN SUIT / STREETS DIV PW 328025 3/28/17 52.16 MOP# 72449 WELDING SERVICES / FLEET PW 328026 3/28/17 100.00 WAYFINDING PROJECT 328027 3/28/17 13,655.75 NC INVENTORY STUDY PROJECT 328028 3/28/17 4,581.25 TINY TOT CLASSROOM SUPPLIES / CSR 328029 3/28/17 1,033.67 MOP #45725/TONER SUPPLIES/IT 328030 3/28/17 1,036.99 MOP# 80702 EQUIPMENT SUPPLIES / PW FLEET 328031 3/28/17 155.00 SUCTION UNITS / FIRE 328032 3/28/17 1,725.16 TRANSLATION SERVICES - 03/07/17 COUNCIL 328033 3/28/17 140.00 MONTHLY K9 TRAINING / PD 328034 3/28/17 1,040.00 FABRICATION & WELDING ASSEMBLY i PW 328035 3/28/17 428.00 PERMIT FEE REFUND / FIRE 328036 3/28/17 703.00 STORM DRAIN REP. PROJECT 328037 3/28/17 6,263.00 MTS TROLLEY FLAGGER SERVICE FOR FY 17 328038 3/28/17 130.26 MOP#72454 C ` ' FLEET 328039 3/28/17 475.00 CITY WIDE ON 72 of 177 L 328040 3/28/17 675.00 PAYEE O'REILLY AUTO PARTS ORIENTAL TRADING COMP LLC PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES PARADISE CREEK HOUSING PARTNER PARRON HALL OFFICE INTERIORS PENSKE FORD PMW ASSOCIATES POWERSTRIDE BATTERY CO INC PRO BUILD PROCHEM SPECIALTY PRODUCTS INC PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RICK GODFREY AND ASSOCIATES RIVERSIDE COUNTY SHERIFF DEPT S D COUNTY VECTOR CNTRL PROGRAM SAFRAN MORPHOTRUST SAN DIEGO PLASTICS INC SAN DIEGO UNION TRIBUNE SCST INC SDG&E SEAPORT MEAT COMPANY SMART SOURCE OF CALIFORNIA LLC SO CAL TRUCK STOP SPARKLETTS SPOK INC STAPLES BUSINESS ADVANTAGE STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS STC TRAFFIC INC SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO INC TELECOM LAW FIRM P C THE HOME DEPOT CREDIT SERVICES THE LAW OFFICES OF EDWARD 2 KOTKIN THE LIGHTHOUSE INC UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES VISTA PAINT VORTEX INDUSTRIES INC VULCAN MATERIALS COMPANY WAXIE SANITARY SUPPLY WEST TECH CONTRACTING INC WESTERN RIM CONSTRUCTORS INC WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY YOUNG, G ACEVEDO, M WARRANT REGISTER #39 3/28/2017 pESCRIPT1ON MOP# 75877 AUTO PARTS / FLEET PW CLASSROOM SUPPLIES FOR TINY TOTS / CSD SMOG CERTIFICATION / REPAIRS FOR CITY JANITORIAL SUPPLIES / NUTRITION 8" SEWER DEMOLITION PROJECT EQUIPMENT FOR REPORT ROOM / POLICE R&M CITY VEHICLES FOR FY 2017 TUITION MEDIA RELATIONS / YOUNG / PD MOP# 67839 AUTO PARTS / FLEET PW MOP# 45707 BUILDING PARTS / FACILITIES CLEANER DEGREASER / PW SEWER LINE REPCL. PROJECT MOP# 45742 LAUNDRY SERVICES / PW MATERIAL FEES/TRAFFIC INV CHARLES / PD TRAINING TUITION ROT / CORNEJO / PD MOSQUITO AND VECTOR DISEASE ASSESS -ENG INVESTIGATIVE SERVICES PVCX 550 13MM SUPPLIES - STREETS PW ADVERTISING / RFQ & 18TH ST. PED SEWER LINE REPLC. PROJECT STREETS DIVISION GAS & ELECTRIC UTILITIES MEAT / NUTRITION ENVELOPES - PLANNING DEPT MOP# 45758 DIESEL SERVICES / PW WATER / NUTRITION POLICE PAGERS SERVICES / MIS MOP # 45704 POLICE OFFICE SUPPLIES MOP # 45704 OFFICE SUPPLIES / CSD MOP #61744/COMPUTER SUPPLIES / MIS PED. MIDBLOCK CROSSING PROJECT TACK OIL, 3/8 SHEET AND COLD MIX / PW PARKS DIVISION WATER UTILITIES FOOD / NUTRITION CENTER LEGAL SERVICES / CMO HANDLE SCOOP 1 PARKS DIV PW LEGAL SERVICES FOR THE OVERSIGHT BOARD MOP#45726 AUTO PARTS / FLEET PW MOP#62683 AUTO PARTS / FLEET PW MOP#45453 BUILDING SUPPLIES / PW PAINT SUPPLIES / NSD CITY WIDE ON SITE ROLL UP DOORS REPAIRS 3/4 IN CL 2 BASE - STREETS PW JANITORIAL SUPPLIES 1 FIRE PARADISE CREEK REST. PROJECT KIMBALL, EL TOYON & SKATE P. PROJECT MOP#63850 AUTO PARTS / FLEET PW MOP #45763/ELECTRONIC SUPP & ACCESSORIES ADV SUB TRAI - - ATIONS / PD ADV SUB ROT 73 of 177 2/3 CHK NO DATE AMOUNT 328041 3/28/17 136.63 328042 3/28/17 108.43 328043 3/28/17 1,462.49 328044 3/28/17 483.04 328045 3/28/17 24,094.00 328046 3/28/17 9,889.94 328047 3/28/17 2,798.48 328048 3/28/17 420.00 328049 3/28/17 87.61 328050 3/28/17 2,202.86 328051 3/28/17 254.54 328052 3/28/17 22,721.56 328053 3/28/17 346.34 328054 3/28/17 800.00 328055 3/28/17 160.00 328056 3/28/17 1,038.00 328057 3/28/17 6.00 328058 3/28/17 949,08 328059 3/28/17 2,522.24 328060 3/28/17 5,263.00 328061 3/28/17 30,855.39 328062 3/28/17 886.63 328063 3/28/17 289.29 328064 3/28/17 101.52 328065 3/28/17 39.89 328066 3/28/17 653.53 328067 3/28/17 2,699.04 328068 3/28/17 94.09 328069 3/28/17 1,051.72 328070 3/28/17 46,615.00 328071 3/28/17 724.08 328072 3/28/17 2,288.89 328073 3/28/17 2,300.10 328074 3128/17 648.00 328075 3/28/17 488.62 328076 3/28/17 520.00 328077 3/28/17 58.34 328078 3/28/17 847.64 328079 3/28/17 44.39 328080 3/28/17 197.81 328081 3/28/17 889.32 328082 3/28/17 323.90 328083 3/28/17 1,514.15 328084 3/28/17 83,597.60 328085 3/28/17 103,655.01 328086 3/28/17 399,67 328087 3/28/17 166.76 328088 3/28/17 396.00 328089 3/28/17 418.54 PAYEE NORTH COUNTY FORD PROGRESSIVE SOLUTIONS INC RIVERSIDE COUNTY SHERIFF DEPT WIRED PAYMENTS ADMINSURE INC PAYROLL Pay period Start Dec 33 3/14/2017 WARRANT REGISTER #39 3/28/2017 DESCRIPTION 2017 FORD F-450, F250'S FOR PUBLIC WORKS BLUE BUSINESS LICENSE CERTIFICATE FORMS TUITION FOR ROT / ACEVEDO / PD CHK NO 328090 328091 328092 3/3 DATE AMOUNT 3/28/17 86,351.53 3/28/17 605.63 3/28/17 100.00 AJP Total 650,185.09 W/C ACCT REPLENISHMENT - FEBRUARY 2017 664908 3/22/17 100,328.21 Ena Date Check Date 3/27/2017 4/5/2017 984,948.55 GRAND TOTAL $ 1,741,461.85 74 of 177 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 ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOL1S, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 2nd OF MAY, 2017. AYES NAYS ABSENT 75 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 76 The following page(s) contain the backup material for Agenda Item: Public Hearing No. 2 of 2 on the allocation of U.S. Department of Housing and Urban Development (HUD) Program Year 2013 entitlement grant funds, program income, and funds remaining from completed projects to Community Development Block Grant (CDBG) and HO 76 of 177 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 2, 2017 AGENDA ITEM NO. ITEM TITLE: Public Hearing No. 2 ot 2 on the allocation ot U.S. Department of Housing and Urban Development (HUD) Fiscal Year 2017-2018 entitlement grant funds, program income, unallocated funds, and funds remaining from completed projects to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for the 2017-2018 Action Plan. PREPARED BY: Angelita Palmeomm. Dev. Specialist II DEPARTMENT: PHONE: (619) 336-4219 APPROVED EXPLANATION: See attachment number one for explanation. qusi g & Economic Dev. FINANCIAL STATEMENT: APPROVED: firotti Finance ACCOUNT NO. APPROVED: MIS The City will receive an estimated $800,000 in CDBG and $260,000 in HOME Program entitlement funds for FY 2017-2018. In addition, the City will reprogram to FY 2018 $5,004 in program income and $88,310 of CDBG funds from completed projects. The City will also reprogram to FY 2018 $151,967 in HOME program income received, $442,127 remaining from previously completed projects, and $1,399 in uncommitted funds. ENVIRONMENTAL REVIEW: Not applicable to this report. ORDINANCE: INTRODUCTION: f I FINAL ADOPTION: STAFF RECOMMENDATION: Conduct the Public Hearing and approve the CDBG and HOME funding allocations from the sources identified in the Financial Statement above. BOARD 1 COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: Attachment No. 1: Explanation Attachment No. 2: FY 2017-2018 Action Plan Activities Attachment No. 3: 30-Day Public Comment Period and Final Public Hearing Notice 77 of 177 Attachment No. 1 Explanation Third -Year Action Plan for FY 2017-2018 In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to prepare and submit an Annual Action Plan for its Housing and Community Development Entitlement Programs funded by the U.S. Department of Housing and Urban Development (HUD). The Third -Year Action Plan for FY 2017-2018 outlines how the City intends to spend an estimated $800,000 in federal Community Development Block Grant (CDBG) and $260,000 in federal HOME Investment Partnerships (HOME) Program entitlement funds. In addition to the funding sources noted above, the City will reprogram $5,004 in program income and $88,810 remaining from previously completed projects for CDBG as well as reprogram $151,967 in HOME program income received, $442,127 remaining from previously completed projects, and $1,399 in uncommitted funds. The City was awarded additional HOME funds for the FY 2017 program year in the amount of $1,399 to be applied to FY 2018 activities. Additionally, the City will also substitute HOME funds appropriated in FY 2016 and FY 2017 to the First -Time Homebuyer Program for CHDO activities in FY 2018 and reallocate HOME funds from previous year activities to FY 2016 and 2017 activities to cover the substituted funds. A second Public Hearing will be conducted at the regularly scheduled City Council meeting on May 2, 2017 to review public comments received during a 30-day public review period from March 27, 2017 through April 26, 2017, on the draft 2017-2018 Annual Action Plan; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the Plan and the CDBG and HOME Program activities being proposed for FY 2017-2018. Submission to HUD As of the date of this report, HUD has not released the final entitlement appropriations for the CDBG and HOME Programs. Attachment No. 2 provides the Action Plan funded activities for FY 2017-2018 and explains how the City will adjust the proposed Action Plan activity awards to match the actual entitlement allocation amount given to the City by HUD, once actual appropriation amounts become known. After all public comments have been considered at the Public Hearing on May 2, 2017, the City Council will adopt the proposed 2017-2018 Action Plan. The plan will be submitted to HUD within 60 days after the date allocations are announced or no later than August 16, 2017 (whichever comes first). The proposed plans are available for reference at the office of the City Clerk and Housing & Economic Department office. The document is also made available to the public on the CDBG and HOME web page of the City of National City website at http://www.nationalcityca.gov/cdbg-home. 78 of 177 Attachment No. 2 FY 2017-2018 City of National City Action Plan Funding for the Community Development Block Grant and HOME Investment Partnerships Program CDBG Entitlement (Estimated): $800,000 CDBG Reallocation: $88,810 CDBG Program Income 2016: $5,004 HOME Entitlement (Estimated): HOME Reallocation: HOME Program Income 2016: HOME Uncommitted funds: CHDO Reallocation FY16 & FY17 $260,000 $442,127 $151,967 $1,399 $74,211 Total CDBG funds available: $893,814 Total HOME funds available: $929,704 # Applicant Name Program Name Estimated Funding Community Development Block Grant (CDBG) Program Public Service Funds Available: $120,000 (estimated) 1 National City Public Library Adult Literacy Services Program $ 44,000 2 Community Services Department Casa de Salud Youth Afterschool Program $ 31,000 3 Police Department (Sponsoring South Bay Community Services) NCPD Support Service: Domestic Violence Response Team $ 20,000 4 Community Services Department Tiny Tots $ 25,000 Public Service Total: $ 120,000 Non -Public Services Funds Available: $613,814 (estimated) 5 Housing & Economic Development Housing Inspection Program $ 155,255 6 Fire Department Fire Station 34 Section 108 Loan Payment Fiscal Year 2016 - 2017 $ 458,559 Non -Public Service Total: $ 613,814 Planning and Administration Funds Available: $160,000 estimated) 7 Housing & Economic Development CDBG Program Administration $ 119,000 8 Housing & Economic Development (Sponsoring CSA San Diego County) Fair Housing and Tenant -Landlord Education $ 41,000 Planning & Admin Total: $ 160,000 CDBG Total: $ 893,814 HOME Investment Partnerships (HOME) Program Project Funds Available: $888,507 (estimated) 9 South Bay Community Services Tenant Based Rental Assistance $ 442,127 10 San Diego Habitat for Humanity Acquisition Rehabilitation for Home Ownership Program $ 372,169 11 First -Time Homebuyer Program FY16 & FY17 funds to supplant CHDO funds $ 74,211 Total: $ 888,507 Planning & Administration Funds Available: $41,197 (estimated) 12 Housing & Economic Development HOME Program Administration $ 41,197 HOME Total: $ 929,704 The entitlement award for Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program is estimated. U.S. Department of Housing and Urban Development (HUD) has not release allocations for fiscal year (FY) 2017-2018 as of the date of this report. All Public Service applications have been ranked by City Council. Funding commitments to any activity will depend on the ability to fund with the actual award made to the City by HUD. When funds are applied by rank, if there is an activity that can be partially funded with a remainder, staff will consider the feasibility of an award to the activity. If staff considers the activity infeasible then the remaining funds will not be appropriated until the next allocation cycle. The City Manager will review and accept the final funding commitments as directed by the City Council. For Non -Public Service and Planning and Administration Activities if there is an increase or decrease in the entitlement funds award amounts the Housing Inspection Program and CDBG Program Administration will be increased or decreased proportionately. If the entitlement award is reduced for the HOME Program each new activity will be reduced proportionally. If there is an increase in funding the TBRA program and Planning and Administration will be increased proportionally. 79 of 177 Attachment No. 3 CALIFORNIA NATIONAL CI -1J .y'` . - neCORPORATED PUBLIC NOTICE CITY OF NATIONAL CITY 30 DAY PUBLIC REVIEW PERIOD AND FINAL PUBLIC HEARING FOR THE DRAFT FY 2017-2018 ANNUAL ACTION PLAN Notice is hereby given by the City of National City that the draft Annual Action Plan for Fiscal Year (FY) 2017-2018 has been prepared. The Annual Action Plan outlines how the City plans to spend an estimated $893,814 in Community Development Block Grant (CDBG) funds and $929,704 in HOME Investment Partnerships (HOME) Program funds on activities that address the community development and housing needs of the City. In accordance with the federal regulations at 24 CFR, Part 91, the City of National City is required to prepare and submit an Annual Action Plan for its Housing and Community Development Programs to the U.S. Department of Housing and Urban Development (HUD). In order to obtain the views of residents, public agencies, and other interested parties, the City of National City has placed a copy of the draft Annual Action Plan for FY2017-2018 at the Office of the City Clerk located on the first floor of City Hall, 1243 National City Blvd., National City, CA 91950 during normal hours of operation beginning Monday, March 27, 2017. The document will also be available on the City's website at www.nationalcityca.gov/cdbg-home and the office of Housing & Economic Development. The information will be available for public review for 30 days. Public comment on the draft Annual Action Plan for FY 2017- 2018 can be directed by mail to the City of National City Housing & Economic Development Division, 1243 National City Blvd., National City, CA 91950, by email to apalma@nationalcityca.gov or by fax to (619) 336- 4292. Notice is hereby also given that the City of National City will hold the final public hearing on Tuesday, May 2, 2017 at 6:00 p.m. at City Council Chambers, on the second floor of City Hall, to review written comments and obtain final testimony on the proposed use of funds for FY 2017-2018. The final FY 2017-2018 Annual Action Plan will be submitted to HUD for review and acceptance on or before May 15, 2017. For more information regarding this process, please contact Angelita Palma in the office of Housing & Economic Development at (619) 336-4219. Hearing impaired persons please use the CAL Relay Service Number 711. City facilities are wheelchair accessible. Please contact the Office of the City Clerk at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Para que le interpreten la informacion en espaiiol, llame al (619) 336-4391. Leslie Deese, City Manager City of National City Published in the San Diego Union Tribune Monday, March 27, 2017 80 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 81 The following page(s) contain the backup material for Agenda Item: An Ordinance of the City Council of the City of National City amending Title 10 Section10.30.040 of the National City Municipal Code to establish the City Councils authority to govern the sale or use of alcoholic beverages in city -owned buildings operated 81 of 177 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 2, 2017 AGENDA ITEM NO. ITEM TITLE: An Ordinance of the City Council of the City of National City amending Title 10 Section10.30.040 of the National City Municipal Code to establish the City Council's authority to govern the sale or use of alcoholic beverages in city -owned buildings operated and controlled by third parties, within a public park, through written agreements with the City. PREPARED BY: Stacey Stevenson DEPARTMENT: City Manager PHONE: 336-4308 APPROVED BY: EXPLANATION: On April 18, 2017, staff introduced an Ordinance amending Title 10 Section10.30.040 of the National City Municipal Code. The intent of the proposed Ordinance is to establish the City Council's authority to govern the sale or use of alcoholic beverages in city -owned buildings operated and controlled by third parties, within a public park, through written agreements with the City. During discussion of the item, based on Council feedback, the City Attorney recommended that additional language be added clarifying that such written agreements are to be approved by the City Council. The original language proposed was: "City -owned buildings which are operated or leased by a third party, pursuant to a written agreement, may be allowed to serve or sell alcohol according to the terms as set forth in that written agreement, and shall not be required to obtain a TUP pursuant to this section." The Ordinance is back before the City Council for adoption as follows (the City Attorney's added language is underscored): "City -owned buildings which are operated or leased by a third party, pursuant to a written agreement, may be allowed to serve or sell alcohol according to the terms as set forth in that written agreement, pursuant to City Council approval, and shall not be required to obtain a TUP pursuant to this section." (See the April 18, 2017 item and the revised Ordinance, attached, for the Section 10.30.40 language in fu11). FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There is no fiscal impact associated with this action. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: IX Finance MIS STAFF RECOMMENDATION: Adopt the Ordinance amending Title 10, Section10.30.040 of City of National City Municipal Code. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Ordinance for Adoption April 18, 2017 Ordinance for Introduction agenda package CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 18, 2017 AGENDA ITEM NO. ITEM TITLE: An Ordinance of the City Council of the City of National City amending Title 10 Section10.30.040 of the National City Municipal Code to establish the City Council's authority to govern the sale or use of alcoholic beverages in city -owned buildings operated and controlled by third parties, within a public park, through written agreements with the City. PREPARED BY: Stacey Stevenson DEPARTMENT: City Manager PHONE: 336-4308 APPROVED BY: EXPLANATION: See attached explanation 6�y FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There is no fiscal impact associated with this action. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: X FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Introduce the Ordinance amending Title 10, Section10.30.040 of City of National City Municipal Code. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Ordinance for Introduction 83 of 177 EXPLANATION On October 18, 2016, the City Council of the City of National City directed staff to prepare a revision to Title 10 of the National City Municipal Code for Council consideration. Under the provisions of the City of National City Municipal Code, Title 10, Chapter 10.30 — Regulation of Alcoholic Beverages in Public Venues and Places, "It is unlawful for any person in any city park or in any adjacent city -owned public place to consume any alcoholic beverage or to possess an open alcoholic beverage container" (Section 10.30.030). Section 10.30.040 carves out an exception, allowing for the sale or use of alcoholic beverages in such facilities "in conjunction with an application for a temporary use permit pursuant to Chapter 15.60". The purpose of the proposed amendment is to further clarify the exception under Section 10.30.040 to include the authority of the City Council to govern the sale and use of alcoholic beverages in city -owned buildings, within a park when such buildings are controlled and operated by third parties through written agreement with the City. Similar to the temporary use permit provision, the addition allows for the ability to add specific provisions related to the sale and consumption of alcohol to the written operating agreement for such buildings on a case -by -case basis. The proposed language is as follows (proposed language is underscored): Section 10.30.40 — Exception — City buildings within city parks. "Notwithstanding the provisions of Section 10.30.030, the city council may allow the sale or use of alcoholic beverages in a city -owned building located within a public park in conjunction with an application for a temporary use permit pursuant to Chapter 15.60. City -owned buildings which are operated or leased by a third party, pursuant to a written agreement, may be allowed to serve or sell alcohol according to the terms as set forth in that written agreement, and shall not be required to obtain a TUP pursuant to this section." 84 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 85 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the U.S. Department of Housing and Urban Development (HUD) 2017-2018 Annual Action Plan and authorizing the estimated allocation of 2017-2018 HUD entitlement grant funds, program income 85 of 177 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 2, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving the U.S. Department of Housing and Urban Development (HUD) 2017-2018 Annual Action Plan and authorizing the estimated allocation of 2017-2018 HUD entitlement grant funds, program income, funds remaining from completed projects, and uncommitted funds to Community Development Block Grant (CDBG), and HOME Investment Partnerships (HOME) Program activities proposed for the Fiscal Year (FY) 2017-2018 Annual Action Plan. PREPARED BY: Angelita Palma Comm. Dev. Specialist II PHONE: (819) 336-4219 EXPLANATION: See attachment number one for explanation. DEPARTMENT: Housing & Economic Dev. APPROVED FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The City will receive an estimated $800,000 in UDBG and $260,000 in HOME Program entitlement funds for FY 2017-2018. In addition, the City will reprogram to FY 2018 $5,004 in program income and $88,310 of CDBG funds from completed projects. The City will also reprogram to FY 2018 $151,967 in HOME program income received, $442,127 remaining from previously completed projects, and $1,399 in uncommitted funds. ENVIRONMENTAL REVIEW: Not applicable. ORDINANCE: INTRODUCTION: ( FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Action Plan for the CDBG and HOME funding allocations from the sources identified in the Financial Statement above. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: Attachment No. 1: Explanation Attachment No. 2: FY2017-2018 Action Plan Activities Attachment No. 3: 30 Day Public Comment Period and Final Public Hearing Notice 86 of 177 Attachment No. 1 Explanation Third -Year Action Plan for FY 2017-2018 In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to prepare and submit an Annual Action Plan for its Housing and Community Development Entitlement Programs funded by the U.S. Department of Housing and Urban Development (HUD). The Third -Year Action Plan for FY 2017-2018 outlines how the City intends to spend an estimated $800,000 in federal Community Development Block Grant (CDBG) and $260,000 in federal HOME Investment Partnerships (HOME) Program entitlement funds. In addition to the funding sources noted above, the City will reprogram $5,004 in program income and $88,810 remaining from previously completed projects for CDBG as well as reprogram $151,967 in HOME program income received, $442,127 remaining from previously completed projects, and $1,399 in uncommitted funds. The City was awarded additional HOME funds for the FY 2017 program year in the amount of $1,399 to be applied to FY 2018 activities. Additionally, the City will also substitute HOME funds appropriated in FY 2016 and FY 2017 to the First -Time Homebuyer Program for CHDO activities in FY 2018 and reallocate HOME funds from previous year activities to FY 2016 and 2017 activities to cover the substituted funds. A second Public Hearing will be conducted at the regularly scheduled City Council meeting on May 2, 2017 to review public comments received during a 30-day public review period from March 27, 2017 through April 26, 2017, on the draft 2017-2018 Annual Action Plan; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the Plan and the CDBG and HOME Program activities being proposed for FY 2017-2018. Submission to HUD As of the date of this report, HUD has not released the final entitlement appropriations for the CDBG and HOME Programs. Attachment No. 2 provides the Action Plan funded activities for FY 2017-2018 and explains how the City will adjust the proposed Action Plan activity awards to match the actual entitlement allocation amount given to the City by HUD, once actual appropriation amounts become known. After all public comments have been considered at the Public Hearing on May 2, 2017, the City Council will adopt the proposed 2017-2018 Action Plan. The plan will be submitted to HUD within 60 days after the date allocations are announced or no later than August 16, 2017 (whichever comes first). The proposed plans are available for reference at the office of the City Clerk and Housing & Economic Department office. The document is also made available to the public on the CDBG and HOME web page of the City of National City website at http://www.nationalcityca.gov/cdbg-home. 87 of 177 Attachment No. 2 FY 2017-2018 City of National City Action Plan Funding for the Community Development Block Grant and HOME Investment Partnerships Program CDBG Entitlement (Estimated): $800,000 CDBG Reallocation: $88,810 CDBG Program Income 2016: $5,004 HOME Entitlement (Estimated): HOME Reallocation: HOME Program Income 2016: HOME Uncommitted funds: CHDO Reallocation FY16 & FY17 $260,000 $442,127 $151,967 $1,399 $74,211 Total CDBG funds available: $893,814 Total HOME funds available: $929,704 # Applicant Name Program Name Estimated Funding Community Development Block Grant (CDBG) Program Public Service Funds Available: $120,000 (estimated) 1 National City Public Library Adult Literacy Services Program $ 44,000 2 Community Services Department Casa de Salud Youth Afterschool Program $ 31,000 3 Police Department (Sponsoring South Bay Community Services) NCPD Support Service: Domestic Violence Response Team $ 20,000 4 Community Services Department Tiny Tots $ 25,000 Public Service Total: $ 120,000 Non -Public Services Funds Available: $613,814 (estimated) 5 Housing & Economic Development Housing Inspection Program $ 155,255 6 Fire Department Fire Station 34 Section 108 Loan Payment Fiscal Year 2016 - 2017 $ 458,559 Non -Public Service Total: $ 613,814 Planning and Administration Funds Available: $160,000 estimated) 7 Housing & Economic Development CDBG Program Administration $ 119,000 8 Housing & Economic Development (Sponsoring CSA San Diego County) Fair Housing and Tenant -Landlord Education $ 41,000 Planning & Admin Total: $ 160,000 CDBG Total: $ 893,814 HOME Investment Partnerships (HOME) Program Project Funds Available: $888,507 (estimated) 9 South Bay Community Services Tenant Based Rental Assistance $ 442,127 10 San Diego Habitat for Humanity Acquisition Rehabilitation for Home Ownership Program $ 372,169 11 First -Time Homebuyer Program FY16 & FY17 funds to supplant CHDO funds $ 74,211 Total: $ 888,507 Planning & Administration Funds Available: $41,197 (estimated) 12 Housing & Economic Development HOME Program Administration $ 41,197 HOME Total: $ 929,704 The entitlement award for Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program is estimated. U.S. Department of Housing and Urban Development (HUD) has not release allocations for fiscal year (FY) 2017-2018 as of the date of this report. All Public Service applications have been ranked by City Council. Funding commitments to any activity will depend on the ability to fund with the actual award made to the City by HUD. When funds are applied by rank, if there is an activity that can be partially funded with a remainder, staff will consider the feasibility of an award to the activity. If staff considers the activity infeasible then the remaining funds will not be appropriated until the next allocation cycle. The City Manager will review and accept the final funding commitments as directed by the City Council. For Non -Public Service and Planning and Administration Activities if there is an increase or decrease in the entitlement funds award amounts the Housing Inspection Program and CDBG Program Administration will be increased or decreased proportionately. If the entitlement award is reduced for the HOME Program each new activity will be reduced proportionally. If there is an increase in funding the TBRA program and Planning and Administration will be increased proportionally. 88 of 177 Attachment No. 3 CALIFORNIA NATIONAL CI -1J .y'` . - neCORPORATED PUBLIC NOTICE CITY OF NATIONAL CITY 30 DAY PUBLIC REVIEW PERIOD AND FINAL PUBLIC HEARING FOR THE DRAFT FY 2017-2018 ANNUAL ACTION PLAN Notice is hereby given by the City of National City that the draft Annual Action Plan for Fiscal Year (FY) 2017-2018 has been prepared. The Annual Action Plan outlines how the City plans to spend an estimated $893,814 in Community Development Block Grant (CDBG) funds and $929,704 in HOME Investment Partnerships (HOME) Program funds on activities that address the community development and housing needs of the City. In accordance with the federal regulations at 24 CFR, Part 91, the City of National City is required to prepare and submit an Annual Action Plan for its Housing and Community Development Programs to the U.S. Department of Housing and Urban Development (HUD). In order to obtain the views of residents, public agencies, and other interested parties, the City of National City has placed a copy of the draft Annual Action Plan for FY2017-2018 at the Office of the City Clerk located on the first floor of City Hall, 1243 National City Blvd., National City, CA 91950 during normal hours of operation beginning Monday, March 27, 2017. The document will also be available on the City's website at www.nationalcityca.gov/cdbg-home and the office of Housing & Economic Development. The information will be available for public review for 30 days. Public comment on the draft Annual Action Plan for FY 2017- 2018 can be directed by mail to the City of National City Housing & Economic Development Division, 1243 National City Blvd., National City, CA 91950, by email to apalma@nationalcityca.gov or by fax to (619) 336- 4292. Notice is hereby also given that the City of National City will hold the final public hearing on Tuesday, May 2, 2017 at 6:00 p.m. at City Council Chambers, on the second floor of City Hall, to review written comments and obtain final testimony on the proposed use of funds for FY 2017-2018. The final FY 2017-2018 Annual Action Plan will be submitted to HUD for review and acceptance on or before May 15, 2017. For more information regarding this process, please contact Angelita Palma in the office of Housing & Economic Development at (619) 336-4219. Hearing impaired persons please use the CAL Relay Service Number 711. City facilities are wheelchair accessible. Please contact the Office of the City Clerk at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Para que le interpreten la informacion en espaiiol, llame al (619) 336-4391. Leslie Deese, City Manager City of National City Published in the San Diego Union Tribune Monday, March 27, 2017 89 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 90 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the City Manager to execute a second amendment to the agreement by and between the City of National City and Tierra West Advisors, Inc. to provide services to implement the amortizati 90 of 177 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 2, 2017 AGENDA ITEM NO. JTEM TITLE; A Resolution of the City Council of the City of National City authorizing the City Manager to execute a second amendment to the agreement by and between the City of National City and Tierra West Advisors, Inc. to provide services to implement the amortization of nonconforming uses in the Westside Specific Plan and increasing by $7,500 the total not to exceed amount to $57,500. (Planning) PREPARED BY: [Raymond Pe l PHONE: 035-44211 EXPLANATION: DEPARTMENT: P •' . Division APPROVED BY: . ��. �`� r The City and Consultant entered into an agreement on March 5, 2016 to provide implementation services for the amortization of nonconforming uses in the Westside Specific Plan area for the not to exceed amount of $25,000. The parties entered into a first amendment to the agreement on November 1, 2016 to provide an expanded scope of services for an additional amount of $25,000 for a total not to exceed amount of $50,000. The City and Consultant have since identified other necessary services and remaining outstanding tasks required to complete the implementation services for an additional amount of $7,500. Consequently, a second amendment to the agreement is necessary to complete the implementation services for the amortization of nonconforming uses. Municipal Code Section 2.01.020(T) provides for City Manager approval of agreements and amendments not to exceed $50,000. Therefore, staff recommends that the City Council adopt a resolution authorizing the City Manager to execute the second amendment to the agreement for the additional scope of work for a total not to exceed amount of $57,500. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. Funds available in account 0001-409-000-650-9040 APPROVED: MIS ENVIRONMENTAL REVIEW: This activity is not a project as defined in Section 15378 of the California Code of Regulations; therefore, no further action is required under the California Environmental Quality Act. ORDIN NCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution authorizing the City Manager to execute the second amendment to the agreement. BOARD 1 COMMISSION RECOMMENDATION: Not Applicable] ATTACUNIENTS: 1. Agreement, First Amendment, Second Amendment. 2. Resolution. 91 of 177 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY TIERRA WEST ADVISORS, INC. THIS AGREEMENT is entered into this 5th day of April, 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Tierra West Advisors, Inc., a California Corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide Implementation Services for the Amortization of Non -conforming Uses in the Westside Specific Plan Area. WHEREAS, the CITY has determined that the CONSULTANT is a corporation and is qualified. by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PAR`1'iES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform implementation of the ortiz rion of non rif:,rmMg uses in the Westside Specific Plan area as set f^,rt' **�. the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit "A" to keep staff and City Coy .� t advised of the pro ess on the Project. PROJECT COORDINATION AND SUPERVISION. ?a d Rauls.byi, Executive Director hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the r,7eogess and execution of this Agreement for the CONSULTANT. Mike Garcia thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. NT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings ATTACHMENT 1 92 of 177 thy Standard nq-ecmG- shell include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $25,000.00. Monthly invoices will be processed for payment and remitted within Nrity (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. • The CONSULTANT shall maintain all books, documents, papers, erriploy a time sheets, accotmting records, and other evidence pertaining to costs incurred, and Ali crake such materials available at its office at all reasonable times daring the term of this Agreement and for three (3) years from the date of final payment under This Agreement, for inspection by the C1TY, and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and• the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability ofthe work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective through June 30, 2017. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 7, DISPOSITION AND OWNERSH3P OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whetlempsprr or electronic, shall hew= The prep rt of he CITY for use with respect to this Project, and shall be named over to the Cr upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT her ;by assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further doaent(s) neoeasary to Perth+ ere this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual propMy and artistic works. 2 93 of 177 Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT ability lion 14, bit only wth respect to the effect oft the needifi one or reuse by the CITY, or far any liability to the CITY should the docents be used by the CITY for some project other than what was expressly agreed upon with the Scope ofthis project, unless otherwise mutually agreed- g. INDEPENDENT CONTRACTOR. OR. Both parties hereto in the performance of this Agreement will be acting in an independent amity and not es agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights benefits,or privileges ofthe CITY'S employees, including but not limited to reticent, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the C1T'Y. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance ofthis Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner tents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, end employees are as to the CFFY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE wrm AP 1[�,E LAM The CONSULTANT, In the performance of the services to be provided herd, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulates of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES. PERMITS. ETC, The CONSULTANT reps and covenants that it has all licenses, permits, qualifications, and approvals of whvr arr that is legally required to prance its profession. The CONSULTANT represents and covenants that the CONSULTANT shall., at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 3 i rzSundad Agtemege 94 of 177 12, STAND�F CARE. A. The CONSULTANT, in wing any services under this Agreement, shalt perform in a manner consistent with that level of care and skill ordinarily exercised by members off the CONSULTANTS trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protest the CONSULTANT'S wep!oyeeee and members of the public from risk of l'earrn aE In eg out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date ofthis Agreement, the CONSULTANT warms to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the succcss of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within u commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, xy, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following, employment, upgrading, demotion,sfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions ofthis non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable" e CONSULTANT to effectively perform the Services to be provided herein. The CONSULTANT shall treat all such information as confidential and not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the service to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii).is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has teen or is hereafter rightfully disclosed to the 4 aty'sseodmaAgreement 95 of 177 CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the y.:er ,,nlleena consent of the CITY. iu i performance' creunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CI1'Y for any damages Viused by breach of this condition, pursuant to the provisions of Section 14. 15. EI JfFICAT, ON AND HOLD HARMLESS. The CONSULTANT agrees to defends indemnify and hold hornless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suites, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising feom the established sole negligence or willful misconduct of the City, its agents, officers, or employees. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement, 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or revered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement, 17. XNSUPANCIFe. The CONSULTANT. at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to pt rehh a and maintain throughout the trm of Agreement, the following checked insurance policies; A. I1V lfchecked, Pretenehanal L{bR l Insuraa. ce (e`rercc end omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insureds; and a separate additional insured endorsement sbnli be provided. 96 of 177 C. Commerce General Liability durance, with minimum limits of S2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property demage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall. be provided. The general aggregate limit must apply solely to this 'project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,O00,0OO per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to coneenencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss border said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY' S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificates) or other sufficient proof that these insurance provisions have been complied with, are Hied with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain die ragas' insurance as a breach of this Agreement and teemineee the Agreement as provided herein. 1. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. I8. LEGAL FEES. If any paw brings a suit or /cam against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of tho other party arising out of this Agreement, then in.that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the 6 aty's &tenniAgreeing 97 of 177 prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attomey's fees incurred by the panevailimg party. 19. MEDIATION/ARBITRATION If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good &Was to she the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration_ The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out o4 or relating to, this Agreement, or breach h thereof which is not xesolved by mediation shall be settled by arbitration in San Diego, Cel Lieu, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' foes, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement, B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the e e : of tmnination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other docemenls prepared by the CONSLrLTANT, whether paper or electronic, shall immediately become the property of and be delivered to th CITY, rod the CONSULTANT sheik be entitled to receive jest and equitable oompensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Teresfter, ownership of said wren material shall vest in the C]TY all rights set forth in Section 6. E. The CITY falters resew es to right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally 7iaAgreement 98 of 177 delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California.) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegsph or cable, when deliveeed to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Brad Rauiston Executive Director Office of the City Manager City of National City, 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: John Yonai Principal Tiierta West Advisors, Inc. 2616 East 3'1 Street Los Angeles, CA 90033 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent: Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, ficsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM AC`' OBLIGATION'S. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first reifying the CU. Y of that fact. The CONSULTANT shall at all tines comply with the terms of the. 1 o1itica1Reforir. Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in ay way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY.. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement ofEconomic Interests with the City 8 Cityra sc 99 of 177 Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTA NT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as seet forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Sariuday, Sunday or federal, state, or legal holiday. B. Counierpons. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or ob14any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exldbits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. IL Applicable Law. This Agreement shall be governed by and construed in accordance with the laws ofthe Stagy of California. L Audit. Ifthis Agreement exceeds ten -thousand dollar ($10,000), the t,arties glad he aehject to time exa i,n do and audit of the Scwee Ae''i3 for s �+,.� Boa ofthree years alter final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement This Agreement supersedes any prior agrements, negotiations and communications, oral or written, and contains the entire seareement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto :halt be of any effeet unless it is in writing and executed by the party to be bound thereby. 9 ►ity's Stardrd Agtemmxt 100 of 177 K. Successors and Assigns This Agreement shall be binding upon and shall inure to the benefit of the successors and assigis of the parties hereto. L. Coastmetion. The pa e= acknowledge and wee that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotsation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with i s own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has aid to enter into this Agreement following such review and the rendering of such advice, a�41(vi) any rale'or construction to the effete that ambiguities are to be resolved against the drafting party 5h llnotapp1iy the irterprert t!on cfthis Ggroa+,+wa fa on any portionshereof, any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL ay.1 Y TIERRA WEST ADVISORS, INC. (Corporation -streatres4fhp corporate ) mariner/DO- oIe*n Lure) Pole proprietorship - Leslie Deese City Manager By: ittior 4 t may Ry: 10 • k. .' I C WYVVIV1 (Title) (Name) (Print) CADD (Title) 101 of 177 EXHIBIT A Tierra Wec "liprovide on -call services to the City of National City rely) for the amortization of nonconforming uses in the Westido Spec Plan area and other various activities as Instructed by the Community Development Director. Tierra West i provide on -call services to the City for a not -to -exceed prtoa of $25,000. Presented below are Tierra West's hourly rates, as they world pertain to this engagement Classification Principal $195 Director $180 Senior Associate $180 Associate/Acquisition Agent $140 Senior Analyst $115 Analyst $135 Research Assistant/Real Estate Technician $ 85 Word Promisor $ 65 Clerical $ 50 In keeping with Tierra West's policy regarding certain associated engagement expenses, there will be no charge or reimbursement claim for telephone/fax calls, postage, mileage, parking, and incidental photocopies. We do, however, charge for additional insured certificates, messenger services, overnight mail costs, and copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged at actual expense plus a 10% surcharge. Monthly invoices are issued by Tierra West payable upon receipt, unless otherwise agreed upon in advance. Invoices will identify tasks completed to date, hours expended, staff performing the task, and the hourly rate. 102 of 177 SCOPE OF SERVICES Michael Garcia, Principal (wilt bih as a Director for all assignments with National City), WiU serve as the Project Ditector and will be the key contact person forTierra West. M.r. Garcia will coordinate and manage all the efforts of the consultant team as veil as ihe daily interaction beiween the City an Tierra West. Mr, Garcia will oversee the ail activities, including document preparation, identification of funding sources that can fund future program implementation, coordinatlon of the researchkiata collection (flee survey and collection of data regarding business violations), coordination with legal Ansel, preparation of affilgtzation schedules based on rankings from the EPA model, updating/re-ranking of properties artd other activites as asslened by the Community Development Dire t r, The "awe West Team assisting Michael Garda +fit th this assignment includes John Vona! — Principal, Andrew Gee — Senior Associate, Sonia Amiga Shurtock - SeniorAnalystJason Chiang —Analyst, Ma Caramels Espanola and Lauren Yonai - Research Assistants. The following scope of servioes Includes, but is not limited to activities anticipated to assist legal counsel and City Planning staifi for sendoes to be provided In connecdion to the implementation of the Amortization Ordinance: 1. Convene a sopping meeting to finalize project details with regard to schedule/activities and discuss current community interactions regarding non —conforming land uses. 2. Prepares detailed project schedule based on the seoping meeting and City staff input (see attached 'proposed' schedule. 3. Identify non -conforming uses utii%ng the ranking field survey results from April 2012 to updatehe- rank businesses. 4. Collect data from public records to assess non forming uses based on criteria identihied in the EPA report from 2011, the Wesrside Specific Plan and City planning staff. 5. Research business violations, code violations, impacts to public infrasiructure and Improper use of business properties that impede the development of a safe and healthy Iivtnghvorldng environment in the Vvestside neighborhood. a v. Proceed with individual amortization analysis on top -ranted non -conforming uses. 7. Seta period of time for nonconforming land uses to cease operations by developing an amortization schedule is individually prepared in consultation with the land owner and business owner based on the following criteria: 2- The total cost of land and Improvements; b. The length of time the land use has end; c. Adaptability of the land and improvements to a currently permitted use; d. The cost of moving and reestablishing the use elsewhere; e. Whether the use Is sjntfIcantiy non -conforming; 103 of 177 f. Compatibility with existing land use patterns and densities of The surrounding neighborhood; g. The possible threat to public health, safety or mire; and h. Any other relevant factors. (City of National City Municipal Code Section 18.108.230) 8. Staff recommendation of amortization schedule to the Planning Commission for ring uses. 9. Coordinate with legal counsel, business appraiser and city staff In the preparation of Individual amortization schedules for non -conforming use;;, reviewing the individual amorlizaYlon schedules for legal requirements, representing the City at the Planning Commission hearings where the amortization schedules are presented, and handling any appeal to the City Council of an adopted amortization schedule. 10. Work with City staff and legal counsel to review property profiles for non -conforming uses. 11. Work with City staff to make a dot on the adaptalky of the land and Improvements to a currently permitted use, 12. Determine a cost estimate of moving and reestabfehing the use elsewhere based on an estimate from a relocation consultant and an appraisal for reestablshment of the business In a new location. 13. Work with legal counsel to determine whether the use is significantly non -conforming due to its incompafit„6ty with land use patterns and densities of the surrounding neighborhood; the possible threat to public health, safety or welfare; and consideration of other relevant factors. 14. Work with legal counsel and the business appraiser to detemine a final amortization schedule for each of the non -conforming uses. 1 J. Prepare an analysis of potential funding sources for future program implementation of amortization activities. 18. Work ,h h City s to prepare recommendations for cm -going Implementation of on anfor ing uses_ 17. Attend rigs end coordinate consurfaiions with lungs and business tenants to finalize the individual amortization schedules. Provide any backup Information as nary. 18. ,Mend community mesiings, Planning Cor t ,c"" and City Council meetings as Alcected by tha Community Development Director. 19. Other acfivites as requested by the Community Development Director (may include coordinating '.sty -run railings to property owners/tenants regarding the Amortization process, coordination with commercial brokers and City planning staff for land use educational processes. and other activities). 104 of 177 PROPOSED PROJECT SCHEDULE Weeks 1 2 g 4 t S i® Q id 9I fig €3 14 lif fit iK k-!neating with Commission Slat Scope Review and Data Collector Prpotion of detailed a Project Schedule outlining critical dates for recital —rig date collection and completing field surrey mak Downloed of 201S Property intimation for iscizities within the WSP Aria. Field Surrey Ranking Process on a arty laysi basis. Collection of Violations end Compliance Data horn City depeitmerits. .County departments and outside agencies. I t Identication of potential funding pumas tar an.go ng pcopcacn I Vedtcatbn of Field Surey results collected in the told Dele Input of Field Surrey intimation into the Excel Spreadsheet for the Field fmrkktgs. Completion Qfthe Ranking Spreadsheet compiling the Inbanation collected krom City Cepertmen is and outside agencies with the field ssmrey rankings. t • i ' Attendance at Community meetings, Planning Commission meetings. enrdlor City Ca ndi meetings se directed by City staff. 105 of 177 FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TIERRA WEST ADVISORS, ITC, THIS FAT AMENDMENT TO THE AGREEMENT, is entered into this 1st day of November, 2016, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and Tierra West Advisors, Inc., a. California Corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY and CONSULTANT entered into an Agreement on March 5, 2016 to provide Implementation Services for the Amortization of Non -conforming Uses in the Westside Specific Plan Area (the "PROJECT") for the not to exceed amount of $25,000; and WHEREAS, the CITY and CONSULTANT have identified additional necessary services and several remaining outstanding tasks required to complete the PROJECT; and 'WHEREAS, the current PROJECT budget not to exceed amount of $25,000 has been depleted; and WHEREAS, the CONSULTANT has prepared a revised timeline and budget for the additional services and tasks that are necessary to complete the PROJECT; and WHEREAS, the parties desire to amend the Agreement to increase the not to exceed amount by $25,000 with a total AMENDED AGREEMENT budget to a not to exceed amount of $50,000, and to increase the scope of work as set forth in attached Exhibit"A" NOW, 'THEREFORE, the parties hereto agree that the Agreement entered into on November 1, 2016 shall be amended as follows: 1. The Scope of Work shall be increased to include the scope as set forth in Exhibit A for the not to excel amount of $25,000, for a total not to exceed amount of $50,000. 2. The parties further agree that with the foregoing exception, each and every tern and provision of the Agreement dated March 5, 2016, shall remain n full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written. "Signature Page to Follow 106 of 177 CITY OF NATIONAL CITY TIERRA WEST ADVISORS, INC. — tivatirez4 ' o corporate offer Leslie Deems City Manager APPROVED AS TO FORM: George IC:14ser, Ii1 Interirn City Attorney By: By: rt &NIT\ N `(onai C'cf1YtiCl�l tntil 2OCRIZN `ion\ (T"ie) F 107 of 177 EXHIBIT A TLERRA EST A DV i S is October 11, 2016 Brad Raulston Community Development Director of National City 1234 N;,Faal City Boulevard National City, CA 91950 Dear Mr. Raulston, - _ #LAfrn nur coofL-,ence call : F. ptw,., 2e, TierraWagAdvisors, L. cryaaua Wea) laud city Staff -have identified additional services and several remaining outstanding tasks required to complete the Westside Specific Plan Amort on project rProjecti. The Time outlined below is based on the schedule discussed on our call of the 28 ; the schedule may be dynamic and subject to City Staff and Elected responses. The outline provides a detailed budget breakdown &hours estimated ted for each task and based an the assumption that the Project will be completed by the Spring of 2017. As of October 11, 2016 we have mast reached the original budbudnet amount of $25,000 billed so far. We've estimated that an additional budget of 155 hours of ant woo& is required to ti2oroughly address the eight (S) remaining tasks required to complete the Project. As a result of the shortfall in budget, Tierra West is requesting an amendment to the cinrent contract for a budget increase of $25,000 for a total of $50,000. The following tasks and hours were estimated by Tierra West: 1 City Coned! Meeting 2 60-slay naddnnperiod 'ED-daynatteleapmiai 4 SO -Sty neddneResiod 5 fa/ -6ayMaki ngperiod 5 flaranaz Gztuesrt1an M issi es; 7 atycCtmdi M dr% as .atyCouncll Meetlns Tatal Hakes 1/17/2017 i/1a9/2W-3/20/2117 iI18/2017-3 17 1/18,2417- 34413i 17 M.*/2ta7- 3/20/2017 4t2C17 4/ j2017 5/2i2017 CityStifffiWA presents agenele Item- publish flanking intent to meet with rop 10 on am11le& anti'Intent to awarder 5 non-corderndrg uses 7WA n sponses f field phone calls frcen Baines and a frnpaoiOtwiersj 5meetings vdfh propergrwaits. eoordliselen and reocisoktfor tttes2te rn; 2 meetings Wirt Balms Itnaluatli Consafantto ne amortization period Rstht nrattofRankings PC wows I let Reading of the0rdinariceter Final Order 2nd Reading ofthe0rt~nancefor Final 0rd Should you have any questions or cones please do not hesitate to contact us. Respectfully, ITFMRA WEST ADVISORS, INC. Senior Associate 10 20 L= 25 10 10 10 155 Ti RRA r';5T N 4 i tt t 108 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 109 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing 1) the City Manager to sign a Letter of Intent with KaBOOM! in order to advance the City of National City in the grant selection process to build a new playground at Kimball Park 2) t 109 of 177 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 2, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing 1) the City Manager to sign a Letter of Intent with KaBOOM! in order to advance the City of National City in the grant selection process to build a new playground at Kimball Park 2) the City Manager to accept the KaBOOM! grant and execute the KaBOOM! Community Partner Playground Agreement, if awarded in September 2017. PREPARED BY: Audrey Denham PHONE: 336-4243 EXPLANATION: See attached staff report. DEPARTMENT: Community Services APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO, Funds are available in the following accounts: 001-409-500-598-4133, $8,500 playground equipment 001-416-029-399-0000, $3,500 food, water, tools and music for volunteers ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: (- a Finance APPROVED: MIS STAFF RECOMMENDATION: See attached staff report. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. Cover Letter and Letter of Intent 3. Community Partner Playground Agreement 4. KaBOOM! Project Summary 110 of 177 Staff Report CALIFORNIA Nal°NAL C rIT 5 CORPORATED City Council Staff Report May 2, 2017 ITEM Resolution of the City Council of the City of National City authorizing 1) the City Manager to sign a Letter of Intent with KaBOOM! in order to advance the City of National City in the grant selection process to build a new playground at Kimball Park 2) the City Manager to accept the KaBOOM! grant and execute the KaBOOM! Community Partner Playground Agreement, if awarded in September 2017. BACKGROUND KaBOOM! is a national non-profit dedicated to giving all kids a childhood filled with balanced and active play. KaBOOM! achieves their goals by creating great places to play, inspiring communities to promote and support play and driving the national discussion about the importance of play in fostering healthy and productive lives. KaBOOM! has built nearly 3,000 playgrounds nationwide at minimal costs to local communities. Primary funding for these projects comes from a variety of corporate sponsors that partner with KaBOOM!. In March 2017, City staff applied for the KaBOOM! grant to replace aging playground equipment at the Kimball Park Playground. The City has been selected as a final round applicant for this year's KaBOOM! grant. DISCUSSION In order to continue in the selection process the City must sign a Letter of Intent which signifies full approval of the Community Partner Playground Agreement (attached), assumption of all responsibilities as outlined in the KaBOOM! Community Partner Project Summary (attached), and commitment to pay KaBOOM! $8,500 that will be applied to playground equipment. The City would also need to provide food, water, tools and music for volunteers during the design and build process, which is estimated at $3,500. City staff will work with local service clubs and businesses to secure donations to help offset the additional $3,500. KaBOOM! plans to award the grant in September 2017, with an estimated playground completion timeframe of October or November of 2017. If the City is selected as the grant recipient the process takes about 6 to 8 weeks and includes meeting the KaBOOM! project manager and funding partner, a site walk with KaBOOM! and City staff, youth and adult workshops to design the playground, site preparations by the Public Works department, and a community event to build the playground with 150 volunteers. It is anticipated that the Kimball Park Playground will be closed to the public for approximately 8 weeks, but the closure may vary depending on site preparations and KaBOOM!'s schedule. 111 of 177 Staff Report Page 2 Staff Report — KaBOOM! Letter of Intent & Community Partner Playground Agreement May 2, 2017 The equipment currently in place in the Kimball Park Playground has reached the end of its useful life and has been identified by Parks staff as a priority for replacement. The KaBOOM! grant, if awarded will provide the remaining funds needed to replace the equipment. While the current playground is approximately 6,300 square feet, KaBOOM! only supplies playground equipment for a 2,500 square foot area. However, through the design process the goal will be to design a playground efficiently that meets the needs of the community within the smaller footprint. City staff can apply for future KaBOOM! grants to build another playground at the Kimball Park Playground site, but there are no guarantees that the City will be awarded the grant. RECOMMENDATION Adopt the resolution authorizing 1) the City Manager to sign a Letter of Intent with KaBOOM! in order to advance the City of National City in the grant selection process to build a new playground at Kimball Park 2) the City Manager to accept the KaBOOM! grant and execute the KaBOOM! Community Partner Playground Agreement, if awarded in September 2017. FISCAL IMPACT The Engineering and Public Works Department has available funds in account 001-409-500-598- 4133 for the $8,500 payment to KaBOOM! for playground equipment, and available funds in account 001-416-029-399-0000 for the $3,500 for food, water, tools and music for volunteers during the design and build process. Donations will be sought for food, water, tools and music to offset some or all of the $3,500. 112 of 177 Cover Letter and Letter of Intent play matters for all kids March 17, 2017 Dear applicant: Congratulations on making it to the third round of the selection process for the Build it with KaBOOM! playground grant! Before moving your application to the fourth and final step in the process, your organization will need to submit the following: • Signed Letter of Intent, which signifies full contract approval by your organization At this stage in the selection process, KaBOOM! requires all applicants to review and approve the draft Letter of Agreement (contract). Please have your organization's authorized signatory and any other necessary parties review and approve the attached contract. Once this has been completed, the signatory must sign the Letter of Intent indicating that the contract is fully reviewed and approved and that your organization is prepared to sign an official contract within three business days of being awarded the Build it with KaBOOM! playground grant. KaBOOM! cannot recommend your application to the Funding Partner until the contract has been approved. Please note that signing the Letter of Intent does not guarantee funding or approval. Rather, we are now able to move you to the final step in the application process. If you are applying in partnership with one or more organizations, please have each partner sign a separate Letter of Intent. If you have questions about submitting a Letter of Intent for respective partners, please contact your Community Outreach representative. This is a standard form contract and changes cannot be made. However, if your signatory or any other reviewers have any questions, please direct them to your Community Outreach representative. We look forward to receiving your signed Letter of Intent. Sincerely, Jenn McBarnette, Community Outreach Manager (0) 202.464.6176 (F) 202.659.0210 kaboom.org 4301 Connecticut Ave. NW, Suite ML-1, Washingt 2 659.0215 F 202.659.0210 kaboom.org Cover Letter and Letter of Intent KaBOOM! Letter of Intent By signing this document, I understand that if my organization is selected for a KaBOOM! project, my organization will (please initial each point): Assume all responsibilities as outlined in the KaBOOM! Community Partner Project Summary Fundraise $8,500 USD toward the cost of playground equipment Own and maintain the playground for its lifetime Provide land and secure all necessary permits for construction of playground Remove all existing playground equipment currently on site Perform site preparation resulting in a flat and dirt surface two weeks prior to Build Day of a site measuring at least 2,500 square feet. Perform a utility check prior to Design Day and secure all necessary extensions to ensure the utility check is current through Build Day Perform a soil test for lead and arsenic within two weeks of Design Day and perform remediation if necessary Use Playworld Systems equipment and accept engineered wood fiber safety surfacing Allow names and logos of KaBOOM! and the Funding Partner to be displayed on permanent playground signage, measuring 12 1/4 inches wide by 30'/4 inches tall Recruit at least 15 community members, residents, and/or parents to participate in the Design Day and planning process Recruit 30 volunteers from the community to participate in two preparation days and recruit 75 volunteers from the community to participate on Build Day Provide food, water, tools, a dumpster, and music for volunteers on Build Day Build the playground through supervised volunteer installation Accept liability for and maintain the playground upon build completion Obtain and maintain insurance for the playground and Build Day, and add KaBOOM! and the Funding Partner as additional insureds for the term described in the contract Indemnify and hold harmless KaBOOM! and the Funding Partner Follow KaBOOM! protocol on all media and promotions as outlined in the Corporate Sponsorship Policy Signing this Letter of Intent signifies that all contract signatories have reviewed the draft contract and are prepared to sign a final contract within three business days of being awarded a KaBOOM! playground project. Please ensure that the person authorized to sign contracts signs below. Legal Name of Organization: Name and Title of Signatory (please print): Authorized Signature: Signatory Mailing Address: Date: Contact information for person who should receive KaBOOM! Invoice: Name: Telephone number: Mailing Address: Email: Fax: 4301 Connecticut Ave. NW, Suite ML-1, Washingt 2 659.0215 F 202.659.0210 kaboom.org Community Partner Playground Agreement 1041 COMMUNITY PARTNER PLAYGROUND AGREEMENT March Aprill78 2017 KaBO0M!, Inc. (referred to herein as Ka BOOM!) is pleased that the City of NationalCity, a municipal corporation (referred to herein as the Community Partner) has agreed to collaborate with KaBOOM! and «FP» (referred to herein as the Funding Partner) in the construction of a new playground at Kimball Park, located at 12th Street & D Avenue, National C ity, CA 91950 (the "Project"). This Community Partner Playground Agreement (this "Agreement"), which sets forth the Community Partners obligations in connection with the Project and certain matters on which the parties have agreed, will, when executed by the duly authorized representatives of each party, supersede any prior agreements and represent the complete legally binding agreement between the parties regarding the Project. 1. Obligations of the Community Partner. The Community Partner shallwork with Ka BOOM! and the Funding Partner as wet as community residents to design, plan and build the Project By executing this Agreement, the Community Partner is unconditionally agreeing to each of the fottowing obligations, in each case meeting the requirements provided by KaBO0Mt: (a) Fundraising. In support of the Project, the Community Partner must contribute $8,500 to Ka BOOM!, which wilt apply the funds directly to the purchase of playground equipment KaB00M! will invoice the Community Partner for such amount promptly following the execution of this Agreement, which amount must be paid in full at least thirty (30) days prior to the Projects Buitd Day (as defined below). (b) ProjectSite. (i) Ownership. At the time of execution of this Agreement the Community Partner shalt provide KaB 00 M! with proof of land ownership evidenced by either a deed granting title to the property to the Community Partner or a letter from the property owner showing approval for the Project The Community Partner is the owner of the playground in its entirety, for the lifetime of the playground, including the equipment and/or safety surfacing purchased by KaB00M! and/orthe Funding Partner. (ii) Permits. Prior to Build Day, the Community Partner shall obtain or cause to be obtained all necessary permits and licenses regarding the installation, possession and use of the playground in compliance with applicable laws and regulations. (iii) Preparation. The Community Partners hall ensure that the Project site is safe for volunteers and children, which responsibility includes: (1) recruiting fifteen (15) adrift volunteers to participate in preparation activities two to three days prior to Build Day;(2) preparing the site for the installation of the Project at least two weeks before Build Day, which includes removing existing playground equipment footers and safety surfacing, grading the land, removing fencing and performing soil tests; (3) conducting up to two (2) utility checks as reasonabty requested by KaBOOM! with the appropriate utility companies, with the first test being completed on or before Design Day (as defined below) and with all utility check documentation provided upon completion to the KaB 00 M! project manager who shall supervise the planning and installation of the playground (the "Project Manager"); and (4) conducting up to two (2) soil site tests as reasonably requested by KaBOOM!, with the first test being completed on or before Design Day and with all soil check documentation provided to the Project Manager upon completion. The Community Partner is responsible for undertaking any necessary risk mitigation should the soil be deemed unsafe for children and volunteers. (iv) Safety and Security. The Community Partner shall ensure the security of equipment, tools, supplies and well being of the adults and children from the beginning of the preparation activities untilthe conclusion of Build Day, including any postponement (v) Maintenance. Maintenance of the playground facility and supervision of its use is the sole responsibility of the Community Partner. The Community Partner shall cob borate with KaB00M! during the Project Commented [RC1]: The City asks that KaBOOM list the state in which it is incorporated. This is a routine request that the City asks of all vendors. 115 of 177 Community Partner Playground Agreement planning process to develop a maintenance program for the playground and, with the support of the property owner (if owner is a separate party), shall maintain the playground and the property before and after the Build Day to ensure a safe and attractive playspace. In furtherance of the foregoing, in the event any playground equipment included in the Project no longer is permitted for any reason to be located at its original site of construction or such site is no longer controlled by the Community Partner for any reason, then the Community Partner promptly shall notify KaBOOM! following its becoming aware of such situation and shag at the Community Partner's sole cost and expense, take such steps as may be necessary to promptly and safely relocate the playground equipment (including any permanent signage and other fixtures)to an alternate site that serves children or to ensure that the successor controlling person of such site shall continue to make such playground available to children in the same manner contemplated as of the Build Day and maintain (or permit the Community Partner to maintain) such playground in accordance with the maintenance program. In addition, the Community Partner shall accept and maintain engineered wood fiber as playground safety surfacing, meeting standards established by Consumer Product Safety Commission guidelines, for the lifetime of the playground. Guidance and materials for the purpose of developing a maintenance plan for the playground are available, upon request, from the playground equipment and safety surfacing manufacturers, including Playworld Systems, Inc. (c) Design Day. The Community Partner agrees to hosta KaB00M!-facilitated "Design Day' with at least twenty (20) adult volunteers and twenty (20) children. Such adult volunteers shall remain engaged in the planning activities throughoutthe Projects planning process. (d) Build Day. The Community Partner shall recruit«Volunteers» adult volunteers from the community to participate in a one -day installation event for the Project, which is scheduled to occur on «BD_» and which is referred to herein as the Build Day. The Community Partner shall ensure that all volunteers sign a waiver. On the Build Day, the Community Partner shall provide food, water, tools, dumpsters, music and restroom facilities for all volunteers. (e) Promotion; Intellectual Property. The Community Partner shall seek prior approval from KaBOOM! and/or the Funding Partner for any materials that reference the Project or contain the name, trademarks, service marks, logos and other intellectual property (collectively, and together with all goodwill attached or which shall become attached to any of the them, the "Marks") of KaB00M! and/or the Funding Partner, including press releases, fliers and promotional materials. The Community Partner acknowledges and agrees that each of KaBOOM! and the Funding Partner is the sole owner of all right, title and interest in and to its respective Marks. The parties acknowledge that KaBOOM! and the Funding Partner may take allsteps to protect their Marks as they deem appropriate. Any use of the Marks will inure to the sole benefit ofKaBOOM! or the Funding Partner (as applicable). The Community Partner shall not use the Marks in any manner thatwould harm the reputation of KaBO 0 M! or the Funding Partner or disparage or negatively reflect upon the Marks. Upon expiration of or termination of this Agreement for any reason, the Community Partner shall cease all use of the Marks. The C ommunity Partner shall collaborate with KaBOOM! and the Funding Partner to secure media coverage for the Project! Community Partner is subject to the California Public Records Act (see Government Code Section 6251 et se¢, and this Section 1(e) is not intended to impede or impair Community Partner requirements or obligations under that Act! (f) (9) Signage. The Community Partner shall allow the names and logos of KaB00M! and the Funding Partner to be displayed on permanent playground signage, which shall be substantially in the form provided to the Community Partner during the application process and shall be 12 Ya inches wide by 3014 inches tall and mounted on poles in a mutually agreed location. Playground Costs. The Community Partner is solely responsible for and shall hold KaBOOM! and the Funding Partner harmless from any costs incurred by the Community Partner for any prior site preparation, upgrades or improvements or any equipment or materials purchased to supptement those secured by KaB0OM!. (h) Warranty. The playground equipment and the safety -surfacing related to the Project may be covered under warranty by the applicable manufacturers, a copy of which may be obtained, upon request, from such manufacturers. The Community Partner acknowledges that any warranties and/or guarantees on any equipment or material are subject to the respective manufacturer's terms thereof, and the Community Partner agrees to took solely to such manufacturers for any such warranty and/or guarantee. Neither KaBOOM! nor the Funding Partner nor any of their respective affiliates, directors, officers, managers, partners, members, shareholders, Commented [RC2]: Please find the attached Summary of the California Public Records Act ("CPRA") from the California Attorney General that includes all relevant sections of the CPRA. You may want to focus on Government Code Sections 6250, 6252, and 6253. Commented [JM3]: Please provide a copy of this code to help us determine if we can accept this edit. 116 of 177 Community Partner Playground Agreement (i) (j) employees, agents or representatives, have made nor are in any manner responsible or Gable for any representation, warranty or guarantee, express or implied, in fact or in law, relative to any equipment or material, including its quality, mechanical condition or fitness fora particular purpose. Insurance. The Community Partner (or such other appropriate entity to which KaBOOM! consents in writing) shall obtain and maintain from no less than seven (7) days prior to the Build Day and through the first anniversary of the Build Day, commercial general liability insurance (providing coverage against liability for bodily injury, death and property damage that may arise out of or be based upon the use of the playground) with a limit of not less than one minion dollars ($1,000,000) per occurrence. The Community Partner shall also obtain and maintain worker's compensation insurance policies with statutory limits for the state in which the work is performed for their volunteer employees. Within seven (7) days from execution of this Agreement, the Community Partner shall provide to KaBOOM! a copy ofa certificate from its insurer indicating the nature, scope, duration and amount of insurance coverage, and naming KaBOOM!and the Funding Partner as additional insureds under such policy, which insurance shall be primary over any other insurance covering KaBOOM! and the Funding Partner and which policy shall provide that KaBOOM! and the Funding Partner be given at least thirty (30) days prior written notice of any change or cancellation of coverage. (i) Indemnification. To the extent permitted by law, Tthe Community Partner shall indemnify and hold harmless KaBOOM!, the Funding Partner and their respective affiliates, directors, officers, managers, partners, members, shareholders, employees, agents and representatives from any and all losses, liabilities, claims, actions, fees and expenses (including interest and pena hies due and payable with respect thereto and reasonable attorneys' and accountants' fees and any other reasonable out-of-pocket expenses incurred in investigating, preparing, defending or settling any action), including any of the foregoing arising under, out of or in connection with any breach of this Agreement, any actions associated with this Project or resulting from the use of any playground property and equipment, including those for personal injury, death, or property damage, except to the extent resulting from the gross negligence or willful misconduct of such indemnified person. This provision shall survive any termination or expiration of this Agreement Data and Reporting Requirements. The Community Partner shall (i) promptly following the confirmation of the Project distribute one or more play -related surveys provided by KaBOOM! to its stakeholders, including parents/caregivers, volunteers, staff and board members, (ii) cause members of its planning committee to complete a post -build survey provided by KaB00 M! within 2 weeks from the Build Day and a 6-month survey provided by KaBOOM! within 7 months from the Build Day. 2. Obligations of Ka BOOM!. (a) Playground Build. KaBOOM! shall provide technical and organizational Leadership and guidance for the Project and shall: (i) Coordinate Funding Partner participation, facilitate playground design, including regular planning meetings, and work with vendors to procure equipment and materials in a timely manner, except to the extent that safety surfacing other than engineered wood fiber is used, which shall be procured by the Community Partner. (ii) Manage construction logistics for the Project, coordinate playground site preparation activities with the Community Partner, inventory equipment and materials, and assure that the necessary tools and materials and other general supplies are available on the Build Day. (iii) Lead the Build Day activities, including the coordination of Build Day captains and volunteers. (iv) Make available certain educationaland promotional materia ls related to the Project (b) Inspection. KaBOOM!, in collaboration with the Community Partner, will secure a C ertified Playground Safety Inspector to review the playground structure at the conclusion of the Build Day (or, if Ka BOOM! assumes responsibility for the playground construction going beyond one day, at the conclusion of the installation) to ensure that the structure is safe and buittto at appropriate standards and guidelines, unless the Build Day is not completed on the Build Day due to failure of the Community Partner, in which case the Community Partner shall secure the Certified Playground Safety Inspector. Promotion. KaBOOM! will provide proposed promotional materials relating to the Project for the Community Partners review and approval which approval shall not be unreasonably withheld or delayed. (d) Website Listing. KaB0OM! willplace the playground on its list of KaB00M! builds on the KaB0OM! website and KaB00M! wiUsend information to the Community Partner on playground maintenance programming and (c) Commented [RC4]: If KaBOOM is unable to accept the City's standard indemnity language, the City requests that this substitute language be inserted into the agreement. Commented [JM5]: This playground is built by the community and city volunteers and will remain the city's responsibility after the supervised installation. KaBOOM! does not monitor use or take responsibility for care and maintenance after the completion of the project. Indemnification terms are non-negotiable and we do not `indemnify third parties. 117 of 177 Community Partner Playground Agreement enhancements. (e) Post -Build Day. The Community Partner shall (i) within one week following the Build Day, complete and submit Post Build Report in the form to be made available by KaBOOM!, and (ii) shaItuse its commercially reasonable efforts to provide, and otherwise shallcooperate in good faith with Ka BOOM! regarding obtaining, such other information related to the Project as KaB00M! from time to time may request 3. Build Day Postponement The Build Day shall not be postponed except when weather or other conditions jeopardize the safety ofthe volunteers or threaten the structural integrity of the playground. The decision to postpone the Build Day will be made by majority agreement of the representatives of Ka BOOM!, the Community Partner and the Funding Partner, except where such decision must be made by KaB00M! on the construction site and representatives of the Community Partner and the Funding Partner are not available for consultation. In the eventthatthe Build Day is postponed, KaBOOM!, the Community Partner and the Funding Partner shall develop a plan for rescheduling the Build Day at the next earliest date possible for each party. The Funding Partner shall be responsible for all additional expenses related to the rescheduled Build Day, including, without limitation, equipment, tabor and materials, storage and travel costs and expenses;povfcla ftovtever, that the Funding Partner shall be notified of the estimated amount of such additional expenses in connection with rescheduling of the Build Day. Notwithstanding the foregoing, in the eventthatthe date of the Build Day is cancelled or changed as a result of the Community Partners failure to satisfy its obligations in connection with the Project then the Community Partner shall be liable to KaBO 0 M! and the Funding Partner for all such additional expenses related to the rescheduled Build Day. 4. Funding Partner Relations. KaBO0M! has a separate contract with the Funding Partner pursuant to which the Funding Partner has agreed to provide financial and human resources for the Project In recognition of the Funding Partners contribution of such resources, the Funding Partner shall receive first placement on any recognition materials developed for the Project including playground signage, banners, T-shirts, press releases, website and newsletter stories, and flyers, and the Community Partner shall not solicit sponsors or donors in relation to the Project whose products or services directly compete with the products or services of the Funding Partner as identified to the Community Partner by KaBOOM! and/or the Funding Partner. In the event the Community Partner solicits other sponsors or donors, then the Community Partner shad not permit such sponsors or donors to compete with the Funding Partner for signage and sponsorship recognition. 5. Termination. In the eventthatthe Community Partner fails to make the payments required under Section 1(a) or otherwise breaches this Agreement, KaBOOM! may terminate this Agreement upon written notice to the Community Partner of such termination. Furthermore, if either party is delayed or prevented from fulfilling any of its obligations hereunder by any cause beyond its reasonable control, including acts of God, acts or omissions of civil or military authorities, fire, strike, flood, riot, act of terrorism, war, transportation delay, or inability due to such causes to obtain required labor, materials or facilities, such party shall not be liable hereunder for such delay or failure and either party may terminate this Agreement if the other is unable to perform any obligation hereunder for a period longer than ten (10) calendar days due to such force majeure event, in which case KaB00M! shall refund to the Community Partner any amounts paid to KaBOOM!, less expenses already committed and/or incurred prior to the date of such termination. If, upon termination as provided herein, the sum due KaBOOM! the by Community Partner exceeds the sum paid to KaB00M! hereunder, the Community Partner shalt pay KaB00M! for any such additional s um due upon presentation of appropriate documentation within thirty (30) days of invoice. Except as set forth above, upon any termination, this Agreement shall become void and have no effect and no party shall have any lability to the other party, except that nothing herein will relieve any party from liability for any intentional breach ofthis Agreement prior to such termination. 6. General Provisions. The Community Partner represents to KaBOOM! that all information provided by it to KaBOOM!, including in the Playground Profile Application, is true, correct and complete in all respects and does not omit any information relevant to the Project Each party has all requisite power and authority, including any necessary approval 118 of 177 Community Partner Playground Agreement by its governing body, to execute and deliver this Agreement, and to perform its obligations hereunder. This Agreement may not be assigned or transferred by either party without the prior written consent of the other party hereto. This Agreement shallinure to the benefit of and be binding upon the parties hereto, their respective successors and permitted assigns, and where expressly stated, their affiliates and representatives. This Agreement shall be governed by and construed under the laws ofthe State of ties^ �Caifornia` without regard to conflicts of laws principles to the extent that the application ofthe laws of another jurisdiction would be required thereby. This Agreement may be altered, modified or amended only by a written document signed by both parties. This Agreement may be executed in two or more counterparts, each of which shall be an original and allofwhich, when taken together, shall constitute the same agreement and may be delivered by facsimile or electronic mailtransmission with the same force and effect as if originally executed copies hereof were delivered. Any notices required or permitted to be given hereunder shalt be sent by certified or registered United States mail, postage prepaid, by personal delivery addressed to the applicable party or by facsimile or electronic ma iltransmiss ion (the receipt of which is confirmed) at the address set forth under such party's signature below. The Funding Partnershall be an intended third party beneficiary of Sections 1(b), (e), (f), (g), (h), (i) and (j) and Sections 2(b), 3, 4 and 6 of this Agreement and is entitled to enforce its rights under such sections as if itwere a party to this Agreement By executing this Community Partner Playground Agreement where indicated below, each of Ka BOOM! and the Community Partner agrees, as ofthe date identified above, to be legally bound by all of the terms and provisions set forth above. «{--R»The City of National City, a municipal corporation By: Name: «Signatory_1» Title: «Sig_ 1_Titte» KaBOOM!, Inc. By: Name: G erry Megas Title: Chief Financial Officer Address: Address: 4301 ConnecticutAve. NW, Suite ML-1 «S1_Address» Washington, DC 20008 T: «S 1_Phone» T: (202) 464- 6180 aS 1 Fax» F: (202) 659-0210 e-mail: «S1_Email» e-maiL•gmegas@kaboom.orq «CP_2» «Signatory_2» «Sig_2_Title» «S2_Address» «S2 Phone» «S 2Fax» «S2 Email» Commented [JM6]: Governing state law impacts our agreement with the funder. We may be able to accommodate the edit, but will need to get approval. 119 of 177 Community Partner Playground Agreement Contact information for the person who should receive KaB00M! invoices: Name: «Invoice_Name» Telephone number: «Invoice_Phone» Mailing Address: Email: «Invoice_EmaiN «Invoice Address» «Invoice_ Fax» 120 of 177 KaBOOM! Project Summary Build it with KaBOOM! Project Summary play matters for all kids KaBOOM! is the national non-profit dedicated to the bold goal of ensuring that all children, particularly the 16 million American children living in poverty, get the balance of active play they need to become healthy and successful adults. KaBOOM! creates and catalyzes great places to play, inspires, empowers and leads play advocates, and educates and elevates the societal conversation about the importance of play in children's lives. KaBOOM! has been a powerful champion for play since its founding in 1996, working with partners to build, improve and open more than 15,000 playgrounds, engage more than 1,000,000 volunteers and serve more than 6,600,000 children. Contents Who's Who I Getting to Know the PLAYers Project Timeline Site Preparation & Construction Administrative & Legal Responsibilities Community Engagement I The Planning Committee KaBOOM! Corporate Sponsorship Policy KaBOOM! 4301 Connecticut Avenue, NW, Suite ML-1, Washington, DC I kaboom.org 121 of 177 KaBOOM! Project Summary Who's Who I Getting to Know the PLAYers KaBOOM! The Community Outreach team at KaBOOM! is responsible for screening and guiding applicants for playground projects through the selection process and ultimately preparing organization/s for a community -led play space project. KaBOOM! will: Pair partners with a certified playground safety inspector Project Manager & Installer Provide coaching and guidance for approximately 8 — 10 weeks of project planning Facilitate Design Day in person, leading discussion around community building Facilitate Build Week in person, serving as a liaison between partners and vendors Support community's relationship with a sponsor, also known as a Funding Partner Offer tools and mentorship from our growing Playmaker Network for the community Community Partner I That's You! A Community Partner can be one or several child -serving non -profits serving a high need population in need of a safe place for children to play. We look for Community Partners who have a "Can Do" spirit, are prepared to take on the roles and responsibilities involved in completing a community -built playground project. Community Partners will: Build playspace that includes 2500 square foot playground with enhancement projects Form a committee of 10 — 15 community members working as a team on project planning Develop meaningful relationships to support community -build planning process Own or attain permission to build on available land Complete necessary site preparation Assume insurance, maintenance, and liability of the new play space Research and secure any necessary permits required locally to build play space Contribute a cash contribution towards the cost of equipment Host Design Day and Build Week Funding Partner I The Sponsor KaBOOM! has worked with more than 200 Funding Partners over the past 18 years to build more than 2,400 playgrounds, creating places to play for an estimated 6.6 million children. Many of our Funding Partners want to make an impact in specific geographic areas, such as where they are based or have a local office, so they designate the city they would like to build in and provide insight into the type of Community Partner with whom they are hoping to work. Funding Partners will: Generously donate the majority of funds needed for the playground project Select their Community Partner for the play space project Commit volunteers to help build the playground alongside community volunteers Establish a relationship with their KaBOOM! Community Partner Support our collective vision to promote and protect play through their networks KaBOOM! 4301 Connecticut Avenue, NW, Suite ML-1, Washington, DC i kaboom.org 122 of 177 KaBOOM! Project Summary Project Timeline Confirming Selection Each Build It with KaBOOM! opportunity is extremely competitive. In order to consider potential organizations, KaBOOM! requires the submission of several key documents before the application is considered complete (see Administrative & Legal). When a Community Partner is selected by a Funding Partner, the general timeline between notifying Community Partner of their selection and meeting the Project Manager and Funding Partner is two weeks, although in some cases it may be more or less. During this time, selected partner(s) will want to mobilize all that expressed interest in their involvement. Design Day' The official kick off ...this is where the fun begins. It is when we give the true play experts —the kids —a chance to tell us what they would like to see on their new playground. Design Day is also the time to rally the community, get them committed to joining the planning committee and ask for their input on the playground design. O 1 hr Site Walk 1 hr Youth Portion O 2+ hrs Community Ail) Meeting with the Site Walk I The purpose of the site walk is to familiarize the Project Manager site for the new playground with key representatives of the Construction committ Youth Portion I This energetic and heartwarming session is where children will be asked to draw and present their dream play spaces! A minimum of 20 children from the direct community and/or served by the partnering organization(s) must be present. Community Meeting I At least 20 adults should participate in this "town hall" type meeting, with the central goal of Design Day being to finalize a planning committee. Participants should be interested in taking on responsibility during the entire process. Build Week Prep Day 1 30 volunteers 8 am - 5 pm Prep Day 2 30 volunteers 8 am - 5 pm Build Day 200 - 250 volunteers 8 am - 3 pm Prep Day volunteers take care of various jobs (unloading playground equipment, cutting lumber for enhancement projects, priming walls for murals, etc.). It is not always necessary to use both Prep Days if everything is accomplished on Prep Day 1, but you should be prepared to recruit for both days. Build Day typically runs from an 8 am arrival on site to a 3 pm ribbon cutting ceremony. Volunteers should plan to stay for the duration of the day. 1 Following Design Day, the Project Manager will submit the community's wish list to Playworld Systems. Playworld's designers will produce three (3) custom designs and the community will be responsible for picking the winning design. KaBOOM! 4301 Connecticut Avenue, NW, Suite ML-1, Washington, DC 1 kaboom.org 123 of 177 KaBOOM! Project Summary Site Preparation & Construction Construction Committee The goal of this team is to prepare the site for the build and get the tools and materials needed as introduced during outreach and implemented during the planning process. 1. Site preparation - The Community Partner is responsible for the completion of site preparation. The entire playground footprint must be prepared to a flat, dirt surface with no more than a 2% grade and any existing playground equipment within this footprint must be removed. Different ground surfacing involves alternative preparation expectations that would be discussed during screening. Test holes will be requested by the Project Manager to get a sense for the challenges around hole digging. This must all be completed at least two weeks before Build Day. 2. Soil Testing - If selected, The Community Partner must have the soil tested of proposed playground site for levels of lead and arsenic prior to the Design Day. Partners may identify the lab of choice as long as they test for lead and arsenic. Past Community Partners have used the following company with success: testamericainc.com/locations/locationmap.htm. It is the community partners' responsibility to have the results analyzed according to local standards to see if the levels are acceptable. If levels are too high, it is the Community Partner's responsibility to remediate the soil appropriately. 3. Utility Check - If selected, the Community Partner must have public and private utility checks completed. The public utility check should be a free service from utility providers. The first check must happen right after a site is selected and completed by Design Day so any utility lines that will affect the design of the playground can be taken identified when the playground is designed. It is the responsibility of the Community Partner to extend the utility check to cover the Build Week, when holes will be dug for the playground. 4. Signage - A sign welcoming visitors to the playground will be installed near the entrance of the playground. The Welcome Sign is two-sided and measures 30.25 inches by 12.25 inches. The language on the sign will include the appropriate age range of the playground as decided by the Community Partner as well as the organization's logo(s) and the logos of KaBOOM! and the Funding Partner. 5. Tools - The community is collectively responsible for providing the tools necessary for the Prep Days and Build Day. We encourage communities to find ways to gather the required tools through lending and by involving other community groups or members in the project, saving the cost of purchasing the tools. Some cities have public tool banks, which is a great place to start. KaBOOM! 4301 Connecticut Avenue, NW, Suite ML-1, Washington, DC 1 kaboom.org 124 of 177 KaBOOM! Project Summary Sample Tool List & Sample Pictures Wheelbarrows (15) Spade shovels (30) Rock/metal rakes (30) Digging bars (2 - 3) Manual post hole diggers (5) Cement (or garden) hoes (15) Garden hoses (2 - 3) with Spray Nozzles Power Strips/Cord Splitters (5) Pop Up Tents (4) Skid Steer (1) Metal Rakes Manual Post Hole Diggers 6' & 8' Step Ladders (2 — 3 each) 4 Ib. Mini Sledge & 8 Ib. Sledge Hammers (2 each) Claw Hammers (10) Tamps (3) Corded Drills (10+) Cordless Drills with Chargers (5+) 25' & 100' Extension Cords (5 each) Garbage Cans (3-5) Tables (15) & Chairs (60) 1 12" & 18" Auger Bits Spade Shovels Cement Mortar Hoes Wheelbarrows Digging Bar Tamp 12" Miter Saw Drills (Cordless / Corded) Sample Enhancement Projects Work with a KaBOOM! Project Manager to identify projects that will transform your outdoor space for community gatherings and activities. More examples can be found on our website. Mendocino Bench Wooden Shade Structure Picnic Tables 0 Asphalt Games / Painting ! 1 6' & 8' Step Ladders Planter Bench Gardening KaBOOM! 4301 Connecticut Avenue, NW, Suite ML-1, Washington, DC 1 kaboom.org 125 of 177 KaBOOM! Project Summary Administrative & Legal Responsibilities 1. Community Partner Agreement — KaBOOM! requires potential Community Partner(s) to review and approve the draft Community Partner Agreement by any legal or board review, before moving ahead in the competitive application process. Referred to as a Letter of Agreement (LOA), we cannot fully consider any organization until this document has been reviewed and approved by all necessary parties. You do not need to fill out the template. Please direct any questions or comments to your Community Outreach team member immediately. 2. Land Ownership — Community Partners must provide either proof of land ownership (a copy of the deed, tax records, or a property survey) or a copy of their current lease and a Letter of Permission from the landowner. KaBOOM! will provide the template letter in the latter case. 3. Insurance — Community Partners must be able to provide insurance for the playground amounting to one million dollars in commercial liability insurance or equivalent, as well as add KaBOOM! and the Funding Partner as `additional insured' parties for the Build Week and one year thereafter. Proof of insurance must be submitted to KaBOOM! 30 days prior to the Build Day. Insurance is not required to be in place until Build Week. For self -insured entities, the self-insurance must be primary for the same amount of time. It is imperative that applicants check in with their insurance broker to ensure this can be completed. 4. Permitting — Community Partners must determine whether or not they need a permit to build a playground at the proposed site. Identifying the process for obtaining and ultimately obtaining a permit (if applicable) can be time consuming; it is important to understand these requirements during the selection process, so that KaBOOM! and the community partner can meet timelines required by any applicable permit. Prior to the KaBOOM! Build Day, securing a permit is the sole responsibility of the Community Partner. 5. Community Contribution — Community Partners are responsible for raising a financial contribution of $8,500 for the project, which may be raised using a combination of existing funds, grassroots fundraising and local business support.2 This cash contribution is due to KaBOOM! 30 days before the Build Day and goes directly toward the playground equipment costs. 6. Playground Surfacing — Build it with KaBOOM! Grants include Engineered Wood Fiber (EWF). EWF is safe and ADA compliant under play structures, as long as it is regularly raked to an even, deep distribution. Community Partners interested in alternative forms of safety surfacing are responsible for fully securing the funds for site preparation, completing site preparation in advance, purchase, and installation of alternative safety surfacing. 2 KaBOOM! encourages Community Partners to reach out to local organizations for support, but please be aware that KaBOOM! enforces a Corporate Sponsorship Policy which we ask all Community Partners to abide by to ensure that the Funding Partner receives primary acknowledgement and that no competitors of the Funding Partner are solicited for support. KaBOOM! 4301 Connecticut Avenue, NW, Suite ML-1, Washington, DC 1 kaboom.org 126 of 177 KaBOOM! Project Summary Community Engagement I The Planning Committee Planning Committee3 Committee Chairs and the Planning Committee make up the core of every KaBOOM! project. If selected, Community Partners are responsible for identifying Chairs and recruiting 10-15 committed individuals who will drive the project forward to ensure success, as well as focusing on the lasting impact the project can have on the community. Planning Committee members should be available to participate in a one -hour weekly conference call with the Funding Partner and KaBOOM! Project Manager as well as commit to time in-between calls to fulfill responsibilities. A toolkit with resources for all planning committee teams can be found on our website, here. The Planning Committee will be broken down into the following Leaders & Teams Main Points of Contact / Committee Chairs • Champion community engagement throughout the process • Track & celebrate the community's accomplishments on a weekly basis Play Chair • Identifies a volunteer to lead a playful warm-up during Build Day kick-off • Develop ways for children to participate in the project from the beginning to the end • Teach & mentor youth about volunteerism & instilling ownership of the playground • Facilitate play activities into the planning process build day and post -build • Criteria: creative, responsible and good with children We've heard from our alumni that there is significant impact made on the individual child who is a part of the planning and implementation of a KaBOOM! project. Ideas for encouraging and supporting youth involvement are available on our website. Recruitment Team • Helps recruit 30 volunteers on Prep Day 1 and Prep Day 2 • Helps recruit and track anywhere from 75 — 200 community volunteers for Build Day • At least half of the volunteers should be community members, residents, and/or parents • Secures a sound system with mic to play music and make announcements during build day • Identifies a photographer and/or videographer to document Build Day Fundraising Team By contributing to the project financially, the community gains greater ownership of their playground and this helps ensure long term care and maintenance. • Prepares a solicitation letter and distributes to potential community supporters • Hosts fundraising events that encourages broad community support and contribution • Tracks donations and submits payment of $8,500 to KaBOOM! in a timely fashion 3 At least 50% of the Planning Committee must be non -staff, including parents, grandparents or guardians of children served by the partnering organization, as well as interested residents and community members. KaBOOM! 4301 Connecticut Avenue, NW, Suite ML-1, Washington, DC 1 kaboom.org 127 of 177 KaBOOM! Project Summary Food Team This team will build new relationships and help shine a light on the project and the great work communities are doing with businesses that are a part of the community. • Feeds volunteers a healthy and easy to serve breakfast & lunch all 3 days of build week • Provides healthy snacks & beverages to keep volunteers hydrated all 3 days of build week • Develops a plan for serving, distributing, and cleaning up a designated food area • Ensures that there are suitable vegetarian options Logistics Team Secures a storage area to store the equipment once it is delivered4 • Ensures restrooms are accessible for volunteers • Identifies running water & electrical sources for build week • Secures a 40 cubic yard dumpster and recycling container • Knowledgeable about what debris from Build Day can be recycled or reused • Develops a plan for on -site safety • Secures a First Aid/CPR certified volunteer for each day of build week PR Team This team will be responsible for presenting this project to the community at large and to volunteers on Build Day. • Participates in a PR specific call approximately 2 weeks after Design Day • Generates press, publicity and social media materials announcing the project • All materials must be sent to your KaBOOM! Project Manager prior to distribution KaBOOM! Corporate Sponsorship Policy Please be aware that KaBOOM! has a Corporate Sponsorship Policy that all Community Partners must abide by to ensure that contributions from the Funding Partner are appropriately acknowledged: • Volunteers recruited from organizations or companies should be in groups of 10 or less • No branded clothing or signage from groups other than the Community and Funding Partner may be worn during build week • Volunteers cannot wear any hats, shirts, buttons, etc. identifying them as part of another group or organization • Only the Funding Partner, Community Partner and KaB00M! will have permanent signage or recognition on the project site • Community Partners cannot solicit support from direct competitors of the Funding Partner • If a restaurant donates food, they may include menus or cards on the serving table • Other organizations and companies may be thanked by making one large banner recognizing all project supporters 4 In most cases, the KaBOOM! project budget can cover the expense of a temporary storage container, its delivery and pick-up from site. KaBOOM! 4301 Connecticut Avenue, NW, Suite ML-1, Washington, DC I kaboom.org 128 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 129 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 wholesale auto sales and accessory uses at 2000 Roosevelt Avenue. (Applicant: Deborah Falk) (Case File No.: 2016-10 CUP) (Planning) 129 of 177 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 2, 2017 AGENDA ITEM NO. ITEM TITLE: ;Resolution of the City Council of the City of National City approving a Conditional Use Permit for wholesale auto sales and accessory uses at 2000 Roosevelt Avenue. (Applicant: Deborah Falk) (Case File No.: 2016-10 CUP) PREPARED BY: Martin Reeder, AICP DEPARTMENT: ;Planning. PHONE: :619-336-4313 EXPLANATION: The City Council conducted a public hearing on this item at the March 21, 2017 City Council meeting. At the hearing Council voted to disaffirm the decision of the Planning Commission, which was to deny the Conditional Use Permit (CUP), and approve a modified CUP limiting the business to wholesale auto sales with accessory new car preparation (including detail), outdoor vehicle storage, electrical and trim installation (optional equipment for new vehicles), and employee parking. APPROVED BY: Also, based on comments from the City Council, staff added conditions related to stormwater requirements (for detailing activities), permitting, Fire Department turnaround provisions, additional landscaping, prohibition of Hoover Avenue access, and compliance with any applicable regulations related to materials storage (e.g. state, federal). The attached resolution is needed to take action on the item. FINANCIAL STATEMENT: APPROVED: _ Finance ACCOUNT NO. I APPROVED: MIS ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures) ORDINANCE: INTRODUCTION: I • FINAL ADOPTION: I ' 1 STAFF RECOMMENDATION: Adopt the Recnli itinn BOARD 1 COMMISSION RECOMMENDATION: ATTACHMENTS: Resolution 130 of 177 CC/CDC-HA Agenda 5/2/2017 — Page 131 The following page(s) contain the backup material for Agenda Item: Notice of Decision Planning Commission approval of a Conditional Use Permit for a proposed gym (Planet Fitness) to be located at 2530 Southport Way. (Applicant: Adam Van Dale for Planet Fitness) (Case File 2017-01 CUP) (Planning) 131 of 177 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 2, 2017 AGENDA ITEM NO. ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for a proposed gym (Planet Fitness) to be located at 2530 Southport Way. (Applicant: Adam Van Dale for Planet Fitness) (Case File 2017-01 CUP), PREPARED BY: Michael Fellows DEPARTMENT: !pi PHONE: 336-4315 APPROVED BY: EXPLANATION: The applicant has applied for a Conditional Use Permit (CUP) to operate a gym at 2530 Southport Way. Land Use Code Section 18.25.020 requires a CUP for such a use in the Light Industrial (IL) zone. Planning Commission conducted a public hearing on April 17, 2017. Commissioners asked questions regarding a condition prohibiting outdoor gym activities, vehicle access, membership cost, and the location of other Planet Fitness gym locations in the South Bay. The Commission voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: APPROVED: APPROVED: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: i FINAL ADOPTION: [ I 1 Finance MIS STAFF RECOMMENDATION: '/Y`'' !Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Baca, Flores, Garcia, Sendt, Yamane, Quintero Absent: DelaPaz, ATTACHMENTS: 11. Overhead 2. Planning Commission Staff Report 3. Resolution No. 2017-10 4. Reduced Plans 132 of 177 2016-06 CUP — 2530 Southport Way a Planet Fitness Gym - Overhead ATTACHMENT 1 133 of 177 Title: Item no. 3 April 17, 2017 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A PROPOSED GYM (PLANET FITNESS) TO BE LOCATED AT 2530 SOUTHPORT WAY Case File No.: 2017-01 CUP Location: 2530 Southport Way Assessor's Parcel Nos.: 562-340-46 Staff report by: Michael Fellows, Assistant Planner Applicant: Adam Van Dale for Planet Fitness Zoning designation: IL (Light Industrial) Adjacent land use / zoning: North: Fast Food Restaurant / IL 2t MXC-2 (Major Mixed - Use Corridor East: Industrial / IL (Light Industrial) South: industrial / IL (Light Industrial) West: Interstate 5 / OS (Open Space) Environmental review: Categorically Exempt pursuant to Ciass 1 Section 15301 (Existing Facilities) Staff recommendation: Approve ATTACHMENT 2 134 of 177 Planning Commission Meeting of April 17, 2017 Page 1 BACKGROUND The applicant who represents Planet Fitness is applying for a Conditional Use Permit (CUP) for a gym / health club in an existing building at 2530 Southport Way. National City Municipal Code (NCMC) §18.25.020 requires a CUP for this use in the Light Industrial (IL) zone. Use of this building would be a conversion from an industrial use to an indoor commercial recreation use in an existing industrial park. Site characteristics The subject property is 3.51 acres in size and is one of several properties that compose the Southport Industrial Park. The property is developed with a 14,441 square -foot, tilt - up type building designed for industrial uses. The subject property has approximately 115 feet of frontage on West 26th Street and is approximately 450 feet deep and 315 feet wide. The property is zoned IL (Light Industrial). The surrounding area is developed with an industrial park, a fast food restaurant (In-N-Out Burger), and an asphalt parking lot with drive aisles and parking spaces serving the subject and neighboring uses. Proposed use The applicant is proposing to convert the industrial building into a gym. Construction would include a 4,574 square foot mezzanine, facade improvements, and tenant improvements. The gym is proposed to operate 24 hours per day, seven days per week. The gym proposes to provide workout equipment (exercise bikes, treadmills, etc.), tanning services, and hydro massage chairs. _Analysis General Plan The General Plan Land Use Element designates the property as Industrial which is intended to provide areas for employment -intensive, light manufacturing, large format retail, supporting retail services, and other compatible uses. The proposed gym use is consistent with the intent of the Industrial land use designation described above, as the gym would create job opportunities and is compatible with the existing industrial uses. Additionally, the General Plan contains City-wide goals and implementing policies. 135 of 177 Planning Commission Meeting of April 17, 2017 Page 2 Land Use Element Goal LU-2: Calls for a mix of land uses including residential, commercial, employment, service, agricultural, open space, and recreational uses that accommodate the needs of persons from all income groups and age levels. Poiicies implementing this goal include: PolicyHEJ-3.5: Raise awareness about the importance of healthy behaviors and physical fitness to overaii well-being. The proposal is consistent with this policy, as the gym provides both fitness instruction and fitness classes to members that raise awareness about the importance of healthy behaviors and physical fitness for overall well-being. Policy LU-5.1: Support, stimulate, and foster increased activity of existing businesses within the city through the establishment of mixed -use areas that will promote activity during more hours of the day. Peak hours for the gym are predicted to be nights and weekends; whereas, peak hours for the industrial uses in the industrial park are weekdays. This mix of hours will promote more activity during more hours of the day, consistent with the aforementioned policy. Policy LU-5.11 : Support efforts to reduce unemployment rates for city residents. The proposed business expansion supports efforts to reduce unemployment rates because the business will create new employment opportunities. Land Use Code (LUC) LUC Section 18.25.020 establishes permitted uses in the IL zone. Gyms are classified by the LUC as an indoor commercial recreation use that require a CUP in the IL zone. LUC Section 18.25.050 requires all uses to be housed in completely enclosed buildings, provided that uses which customarily include outdoor use may be permitted outside. In this case, the gym is not a use that customarily includes outdoor use and must be conducted in the building. A Condition of Approval has been included requiring that all gym activities be conducted in the building. Parking Requirement — LUC Section 18.45.050 prescribes the required number of off- street parking spaces by land use. This Code section requires that Indoor Commercial 136 of 177 Planning Commission Meeting of April 17, 2017 Page 3 Recreation uses provide 2.5 spaces for each 1,000 square feet. This equates to 48 parking spaces required for the 19,015 square foot gym; whereas, most industrial uses operating in the building would require 19 parking spaces. The subject property is developed with 93 parking spaces either fully or partially located on the property. The property would be shared by two uses, the proposed gym and a sign and graphics supply company (N. Glantz & Son). The two uses combined would require 56 parking spaces, far below the 93 spaces provided on the property. The subject property is only one of multiple properties that compose the Southport Industrial Park. The industrial park was developed as one project and subsequently divided into multiple parcels; therefore, limiting analysis to the single property has limited use. For this reason Planning Department staff conducted site inspections at various times throughout the week to observe parking at the site, including: • Monday 4/3/17 at 2:30 p.m. • Tuesday 4/4/17 at 12:45 p.m. • Thursday 4/6/17 at 5:45 p.m. The three site inspections found the west and east parking lots nearly empty, and the north parking lot near In-N-Out Burger consistently used to about 50% capacity. These customers appeared to be In-N-Out Burger customers who walked into the restaurant. Noise — Gyms can be noisy and incompatible with neighboring uses. In this case, noise is not a concern, because neighboring uses are manufacturing uses in an industrial zone where moderately noisy uses are expected. A Condition of Approval has been added requiring all aspects of the gym (training, exorcising, etc.) to be conducted within the building at ail times to help reduce noise impacts on neighboring uses. Facade Improvement The applicant has constructed medal siding facade improvements that include a front tower and window coverings. The tower is 10 feet tall, three -sided, and intended to be used for signage advertising the business. The appearance of the tower could be greatly improved by fully enclosing all for sides of the tower. A condition of approval requiring this change has been added to the permit. 137 of 177 Planning Commission Meeting of April 17, 2017 Page 4 Gym vocations — The proposed gym will provide fitness opportunities for residents on the west side of the City, as there are currently two major gyms located in the City ;Chute Fitness and L.A. Fitness). Both gyms are located on the southeast side of the City with LA Fitness being the closest, located approximately 1.5 miles from the project site. Mailing - All property owners and occupants within a distance of 300 feet are required to be notified of a public hearing for CUP applications. In this case, the Planning Department encouraged the applicant to notify owners and occupants beyond the 300- foot notice requirement because potentially impacted property owners would not have been notified of the CUP application because the owner of the Southport Industrial Park owns the surrounding properties. The applicant chose to notify owners and occupants within a distance of 600 feet of the subject property. There were a 274 property owners and applicants notified by mail of this public hearing, which meets the intent of the noticing requirement. Required findings The Municipal Code contains required findings for CUP. There are six required findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a CUP and complies with all other applicable provisions of the LUC. Indoor Commercial Recreation is permitted in the IL zone subject to a CUP per LUC section 18.25.020, and the gym complies with all provi ions of the LUC as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan. The proposed land use is consistent with the General Plan because the General Plan designates the property as Industrial Land Use that provides for employment intensive uses, light manufacturing, large format retail, supporting retail services, and other compatible uses that are consistent with the use proposed by the applicant. The proposed land use is also consistent with General Plan Policies HEJ-3.5, LU-5.1, and LU-5.11 because the proposal would raise awareness about the importance of 138 of 177 Planning Commission Meeting of April 17, 2017 Page 5 healthy behaviors and physical fitness to overall well-being, promote activity during more hours of the day, and will provide jobs. 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 proposed gym use is located in an industrial Zone surrounded by industrial uses on a 3.51-acre lot that far exceeds the 5,000 square foot minimum lot size in the zone. 4. The site is physically suitable for the type, density, and intensity in use being proposed, including access, utilities, and the absence of physical constraints. This proposal is to convert the industrial use to a gym (indoor commercial recreation) of an existing building located on a property that has suitable access and utilities for the proposed use. 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. The proposed indoor commercial recreation use would not be injurious or detrimental to the public, as it is a gym located in an industrial zone in an industrial park surrounded by industrial uses that primarily operate dl irin2 weekdays; whereas, the proposed gym peak hours are night time and weekends. Ali training will be conducted indoors to prevent impacts on neighboring uses. 6. 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 environmentai review pursuant to Class 1 Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this CUP. The reason for the exemption is that the use is proposed in an existing building and no expansion of the building is proposed. 139 of 177 Planning Commission Meeting of April 17, 2017 Page 6 Department and Agency Comments The application was routed to the City's Building, Fire, and Engineering Departments. The Building Department provided a standard comment that the construction meet current building codes. The Fire Department requires that a fire alarm system be installed in the building. There were no comments provided by the Engineering Department. Conditions of Approval Standard Conditions of Approval have been included with this permit. Additionally, conditions have been added prohibiting outdoor training and requiring that trash enclosures be modified or re -constructed to provide a non-combustible cover. Summary The proposed gym use is consistent with the General Plan, as the property is designated Industrial and is intended to provide areas for employment intensive uses, Tight manufacturing, large format retail, supporting retail services, and other compatible uses. Furthermore, the proposed gym is consistent with General Plan Policies because it would raise awareness about the importance of healthy behaviors and physical fitness to overall well-being. The proposal is also consistent with the LUC because Indoor Commercial Recreation is permitted in the IL zone with a CUP and because the proposal meets all requirements of the LUC. OPTIONS 1. Approve 2017-01 CUP subject to the conditions listed below, based on attached findings and/or findings to be determined by the Planning Lommission; or 2. Deny 2017-01 CUP based on findings to be determined by the Planning Commission; or, 3. Continue the item in order to obtain additional information. 140 of 177 Planning Commission Meeting of April 17, 2017 Page 7 ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions 3. Overhead 4. Site photos 5. Applicant's Plans (Exhibit A, case file no. 2017-01 CUP, dated 3/2/2017) 6. Public Hearing Notice (Sent to 274 property owners) MICHAEL FELLOWS Assistant Planner BRAD RAULSTON Deputy City Manager 141 of 177 RECOMMENDED FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT Case File No. 2017-01 CUP — 2530 Southport Way 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit (CUP) and complies with all other applicable provisions of the Land Use Code (LUC), because Indoor Commercial Recreation is permitted in the Light Industrial (iL) zone subject to a CUP per LUC section 18.25.020, and the gym / health club complies with all provisions of the LUC as discussed in the staff report. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because the General Plan designates the property as Industrial Land Use that provides for employment intensive uses, light manufacturing, large format retail, supporting retail services, and other compatible uses that is consistent with the use proposed by the applicant. In addition, the proposed land use is consistent with General plan Policies HEJ-3.5, LU-5.1, and LU-5.11 because the proposal would raise awareness about the importance of healthy behaviors and physical fitness to overall well-being, promote activity during more hours of the day, and will provide jobs. 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 pym "se is located in an industrial zone surrounded by industrial uses on a 3.51 acre lot that far exceeds the 5,000 square foot minimum lot size in the zone. 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 this proposal is to convert the industrial use to a gym (indoor commercial recreation) of an exislirig building located on a property that has suitabie access and utilities for the proposed use. 5. That 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, because the proposed indoor commercial 142 of 177 recreation use would not be injurious or detrimental to the public, as it is a gym located in an industrial zone in an industrial park surrounded by industrial uses that primarily operate during on weekdays; whereas, the proposed gym peak hours are night time and weekends. All training will be conducted indoors to prevent impacts on neighboring uses. 6. 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 CUP. The reason for the exemption is that the use is proposed in an existing building and no expansion of the building is proposed. 143 of 177 RECOMMENDED CONDITIONS OF APPROVAL 2017-01 CUP — 2530 Southport Way General 1. This Conditional Use Permit authorizes a gym at 2530 Southport Way. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2016-06 CUP, dated 3/2/2016). 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 holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager or assignee 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 Cierk and submitted to the National City Planning Department. 4. This permit shall become null and "id if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. Building 5. Plans submitted for improvements must comply with the 2016 edition of the California Building, Electrical, Plumbing, Mechanical, Energy, Green and Fire, Codes. This will require upgrading all accessibility code requirements. Fire 6. Pians submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). A code compliant fire alarm system must be installed at the site. 144 of 177 Planning 7. All training and gym -related activities must be conducted within the building. 8. Trash enclosures must be modified or re -constructed to provide a non-combustible cover. 9. The tower at the primary entrance must be fully enclosed on all sides. 10. No massage, as defined by Chapter 10.79 of the National City Municipal Code, is permitted as part of this Conditional Use Permit. 145 of 177 2017-01 CUP — Planet Fitness Site Photos -- Existing Building Main Entrance North side 41 East side 146 of 177 2017-01 CUP — Planet Fitness Parking Survey 4/3/17 2:30 P.M. West Parking Lot East Parking Lot North Parking Lot 147 of 177 2017.01 CUP — Planet Fitness Parking Survey 4/4t1712:30 P.M. West Parking Lot East Parking Lot North Parking Lot 148 of 177 2017-01 CUP - Planet Fitness Parking Survey 4/6/17 5:45 P.M. West Parking Lot East Parking Lot North Parking Lot 149 of 177 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL C€ rv, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR A PROPOSED GYM (PLANET FITNESS) TO BE LOCATED AT 2530 SOUTHPORT WAY. CASE FILE NO.: 2017-01 CUP APN: 562-340-46 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, April 17, 2017, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Adam Van Dale for Planet Fitness) Planet Fitness proposes to operate a gym in the existing industrial park. The proposal would require remodeling an existing industrial building into a gym. Operating hours of the business are 24 hours a day, seven days a week. 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 on or before 12:00 p.m., April 17, 2U17 by the Planning Department, who can be contacted at 619-336-4310 or pianning0)I nationalcitvca.gov. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Deputy City Manager 150 of 177 Item no. 4 April 17, 2017 RESOLUTION NO. 2017-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A PROPOSED GYM (PLANET FITNESS) TO BE LOCATED AT 2530 SOUT T HPORT WAY. CASE FILE NO. 2017-01 CUP APN: 562-340-46 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a proposed gym (Planet Fitness) to be located at 2530 Southport Way at a duly advertised public hearing held on April 17, 2017, 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. 2017-01 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 April 17, 2017, support the following findings: 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit (CUP) and complies with all other applicable provisions of the Land Use Code (LUC), because Indoor Commercial Recreation is permitted in the Light Industrial (IL) zone subject to a CUP per LUC section 18.25.020, and the gym / health club complies with all provisions of the LUC as discussed in the staff report. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because the General Plan designates the property as Industrie/ Land Use that provides for employment intensive uses, light manufacturing, large format retail, supporting retail services, and other compatible uses that is consistent with the use proposed by the applicant. in addition, the proposed land use is consistent with General plan Policies HEJ-3.5, LU-5.1, and LU-5.11 because the proposal would raise awareness about the importance of healthy ATTACHMENT 3 151 of 177 Planning Commission Meeting of April 17, 2017 Page 2 behaviors and physical fitness to overall well-being, promote activity during more hours of the day, and will provide jobs. 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 gym use is located in an industrial zone surrounded by industrial uses on a 3.51 acre lot that far exceeds the 5,000 square foot minimum lot size in the zone. 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 this proposal is to convert the industrial use to a gym (indoor commercial recreation) of an existing building located on a property that has suitable access and utilities for the proposed use. 5. That 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, because the proposed indoor commercial recreation use would not be injurious or detrimental to the public, as it is a gym located in an industrial zone in an industrial park surrounded by industrial uses that primarily operate during on weekdays; whereas, the proposed gym peak hours are night time and weekends. All training will be conducted indoors to prevent impacts on neighboring uses. 6. 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 CUP. The reason for the exemption is that the use is proposed in an existing building and no expansion of the building is proposed. 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 gym at 2530 Southport Way. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2016-06 CUP, dated 31212016). 152 of 177 Planning Commission Meeting of April 17, 2017 Page 3 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 approvai 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 holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager or assignee 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 Section 18.12.040 of the Municipal Code. Building 5. Plans submitted for improvements must comply with the 2016 edition of the California Building, Electrical, Plumbing, iuiechanicai, Energy, Green and Fire, Codes. This will require upgrading all accessibility code requirements. Fire 6. Plans submitted for improvements must comply with the current editions of the Califomia Fire Code (CFC) and National Fire Protection Association (NFPA). A•code compliant fire alarm system must be installed at the site. Planning 7. All training and gym -related activities must be conducted within the building. 8. Trash enclosures must be modified or re -constructed to provide a non-combustible cover. 9. The tower at the primary entrance must be fully enclosed on all sides. 153 of 177 Planning Commission Meeting of April 17, 2017 Page 4 10. No massage, as defined by Chapter 10,79 of the National City Municipal Code, is permitted as part of this Conditional Use Permit. 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 April 17, 2017 by the following vote: AYES: Garcia, Yamane, Baca, Sendt, Flores, Quintero NAYS: ABSENT: Dela Paz ABSTAIN: 154 of 177 CGROMINC DETAIL sm. ES NM Mt Maa a dl ttn.Y [ tr w sa.f MR R. ree IOa OAE Ma r1.1 asme We lams r mem for • • MILAAA a— r w.rpo.is,me \ DETAIL 0 ADA PARKING STALL AND CURB RANP� wowA•:vr A•araWrmAa Mimeo. Nra.To'..aY) xar.a_ ...PM 0 srma°"e°v mels t S1. to; Li r;\DETAIL 0 ADA PARKING SIGNAGE lJ ... + ate. ma tr 1 6 1 —aoo.. eaao�,z '^ 004o BOO DETAIL B CURBRIP 6 t/P. '4 �L ell= -JIB I1=1 11=1ia-- s"inac m'm 6.�+rx MC iss. Mall win Dnt.A _v__In _ um. r a[11.12i/2219A a1" NUE W. 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WWULEILIU594 E UEILIULUUI UAW rr sir c�� cea eevoe ': •ex �'C� _ -1 1111 Mint t yl:j V F r -Itit f♦�—{ TrE t ok sQ� Nag rf e fw du 0 gginggoggi _0 —0 -0 _-0 !3 w CC/CDC-HA Agenda 5/2/2017 — Page 157 The following page(s) contain the backup material for Agenda Item: Notice of Decision — Planning Commission approval of a Zone Variance to allow a residential addition in the front yard setback and a parking space in the exterior side yard setback at a property located at 641 East 5th Street. (Applicant: Sarah Ascolese) 157 of 177 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 2, 2017 AGENDA ITEM NO. ITEM TITLE: Notice of Decision - Planning Commission approval of a Zone Variance to allow a residential addition in the front yard setback and a parking space in the exterior side yard setback at a property located at 641 East 5th Street. (Applicant: Sarah Ascolese) (Case File 2017-02 Z) PREPARED BY: ;Jessica Madamba PHONE: 1336-4381 EXPLANATION: The applicant has applied for a Zone Variance to build a residential addition and a parking space at 641 East 5th Street. The 2,160 square -foot lot is developed with a 528 square -foot house with no parking on site. The existing house is built at or close to the rear and exterior side yard setbacks. Expansion opportunities are limited due to the small size of the lot. The applicant proposes to construct a 315-foot addition towards the front of the property, that encroaches approximately 15 feet into the required 20- foot front yard setback, and an uncovered parking space towards the rear of the property that will encroach approximately 5 feet into the required 10-foot exterior side yard setback. DEPARTMENT: 1Pl APPROVED BY: The Planning Commission conducted a public hearing on April 17, 2017. Commissioners asked questions regarding the loss of on street parking. The Commission voted to approve the Variance based on required findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per CEQA. ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION: APPROVED: APPROVED: 1 Finance MIS STAFF RECOMMENDATION: fryfe,. ;Staff concurs with the decision of the Planning Commission and recommends that the Notice o Decision be filed. BOARD / COMMISSION RECOMMENDATION: ;The Planning Commission approved the Conditional Use Permit. Ayes: Baca, Flores, Garcia, Sendt, Quintero, Yamane Absent: DelaPa� ATTACHMENTS: 11. Overhead 3. Resolution No. 2017-11 2. Planning Commission Staff Report 4. Reduced Plans, 158 of 177 2017-02 Z — 641 East 5th Street — Overhead ATTACHMENT 1 159 of 177 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.. Location: Assessor's Parcel Nos.: Staff report by: Applicant: Zoning designation: Adjacent !and use ! zoning: North: East: South: West: Environmental review: Staff recommendation: Item no. 5 April 17, 2017 PUBLIC HEARING — ZONE VARIANCE TO ALLOW A RESIDENTIAL ADDITION IN THE FRONT YARD SETBACK AND A PARKING SPACE IN THE EXTERIOR SIDE YARD SETBACK FOR A SINGLE-FAMILY HOME LOCATED AT 641 EAST 5TH STREET 2017-02 Z 641 East 5th Street 556-233-08 Jessica Madamba, Planning Technician Sarah Ascolese Small Lot Residential (RS-2) Single Family Residential / RS-2 Single Family Residential / RS-2 Single Family Residential / RS-2 Single Family Residential / RS-2 Not a project per Califomia Environmental Quality Act (CEQA) Approve ATTACHMENT 2 160 of 177 Planning Commission Meeting of April 17, 2017 Page 1 BACKGROUND The applicant is proposing to construct an addition to a single family house in the front yard setback and a parking space in the exterior side yard setback. In order to do so, a Zone Variance must be approved to allow these developments based on the small size of the lot, which restricts the normal buildable area afforded standard -sized lots. Site characteristics The 2,160 square -foot lot is located on the northwest comer of "G" Avenue and East 5th Street in the Small Lot Residential (RS-2) zone. The property is roughly 36 feet wide and 60 feet deep and is developed with a 528 square -foot one bedroom house. The property has a 10-foot rear yard setback, where 25 feet is normally required, and a nine - foot exterior side yard setback where 10 feet is normally required. There is no parking on site. Proposed use The applicant is proposing to build a 315-foot addition to the existing house in the front yard setback, which would include a second bedroom and a bathroom. With the addition, the property will have a five-foot front yard setback where 20 feet is normally required in the RS-2 zone. Because the property lacks onsite parking, the applicant is also requesting to install an uncovered parking space. in order to fit the parking space on the property, approximately 245 square feet of the existing family room and bathroom, towards the rear of the residence, will be demoiished and a new driveway and curb cut will be installed. The proposed parking space will have a five-foot setback where 10 feet is normally required for an exterior side yard. Analysis The Land Use Code (LUC) prohibits the location of a building in a setback and a parking space in a street setback — the front yard and exterior side yard setback in this case. The required front yard setback in the RS-2 zone is 20 feet and the required exterior side yard setback is 10 feet. The subject property has 20 feet between the house and the front property line and after the demolition, will have approximately 10 feet to the rear property line; therefore, the applicant is proposing the addition in the front yard setback. The LUC also prohibits parking in the side yard exterior setbacks. However, because the property would only have a 23-foot by 16-foot area for parking after the demolition, the parking space will have a five-foot exterior side yard setback where a 161 of 177 Planning Commission Meeting of April 17, 2017 Page 2 10-foot setback is required (the minimum dimensions for a standard parking space are nine feet by 18 feet). The property has a rough dimension of 36 feet by 60 feet and a size of approximately 2,160 square feet. The minirnum lot size required by the LUC is 5,000 square feet in the RS-2 zone; therefore, the property is restricted due to its size. Almost all other lots on this street in the same block meet the minimum lot size. The subject property and the adjacent property to the west were likely divided into two separate lots from one larger lot. Another contributing factor to the variance request is the location of the existing house, which spans almost the entirety of the lot. The existing exterior side yard setback is nine feet, where 10 feet is required. The proposed rear yard setback will be approximately 10 feet, where 25 feet is required. The existing condition (less than required setbacks) is considered legal nonconforming. The approval of this Variance, while not bringing the property up to current requirements, will lessen the nonconformity. The same can be said for the existing lack of parking. Three specific findings must be made in order to approve a Zone Variance request. The first is that the lot is affected by special circumstances, including size, shape, or topography, that deprive the lot of the ability to develop per the LUC as others in the area have. In this case the property is less than half the minimum lot size required in the zone, which restricts the normai buildable area afforded standard -sized lots. Given the location of the existing house, there is no room to locate an addition or parking area on the lot without encroaching into the required property setbacks. The second finding is that granting of the Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. In this case, there are multiple properties in the same neighborhood in the same zone which meet the minimum lot size, hut have reduced front yard setbacks and/or do not meet the minimum 20-foot front yard setback. The third finding is that the Variance does not authorize a use that is not otherwise allowed in the zone. In this case, the addition is for a single-family home, which is a permitted use in the RS-2 zone. The property is also required to have at least two parking spaces per the LUC, where there are none. With regard to the parking space, parking in and of itself is required and allowed in all zones throughout the City. 162 of 177 Planning Commission Meeting of April 17, 2017 Page 3 Mailing — All property owners and occupants within a distance of 300 feet are required to be notified of a public hearing for Zone Variance applications. Ninety-seven people were notified by mail of this public hearing, which is consistent with this requirement. Conditions of Approval Comments were received from the City's Engineering Department related to drainage, runoff, and permitting for a new driveway. The comments are included as Conditions of Approval along with standard Conditions of Approval. Summary Because of special circumstances applicable to the property, including the small size of the lot, there is no room to install an addition and a parking space on the property without encroaching into the required property setbacks. In addition, allowing parking on site and in the exterior side yard will alleviate on -street parking issues. Granting of the Variance would not be a privilege inconsistent with other properties in the area as there are multiple lots in this block with reduced front yard setbacks and access to onsite parking. The proposal is consistent with all required findings of approval and would be consistent with all other regulations. OPTIONS 1. Approve 2017-02 Z subject to the conditions listed below, based on attached findings and/or findings to be deteined by the Mannino Commission; or 2. Deny 2017-02 Z based on findings to be determined by the Planning Commission; or, 3. Continue the item in order to obtain additional information. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions 3. Overhead 4. Site photos 5. Applicant's Plans (Exhibit A, case file no. 2017-02 Z, dated 2/2212017) 6. Public Hearing Notice (Sent to 97 property owners and occupants) 163 of 177 Planning Commission Meeting of April 17, 2017 Page 4 JESSICA MADAMBA Planning Technician BRAD RAULSTON Deputy City Manager 164 of 177 RECOMMENDED FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT Case File No. 2017-02 Z — 641 East 5th Street 1 Because of special circumstances applicable to the property, including size, shape, or topography, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zone classification, because the property is less than half the minimum lot size required in the zone, which restricts the normal buildable area afforded standard -shaped Tots, and given the location of the existing house, there is no room to locate an addition to the single-family residence and parking area — covered or otherwise — on the lot without encroaching into the required front yard and exterior side yard setback. 2. The requested Variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, because there are multiple properties in the same neighborhood in the same zone which meet the minimum lot size and encroach into the front yard setback, and because conditions ensure that appropriate permits will be submitted for construction of the driveway to meet City standards. The Variance does not authorize a use ur activity which is not otherwise expressly authorized by the zoning regulations goveming the parcel of property, because a single-family home and parking spaces are allowed uses per the Land Use Code. 165 of 177 RECOMMENDED CONDITIONS OF APPROVAL 2017-02 Z — 641 East 5th Street General 1. This Zone Variance authorizes a residential addition to be located in the front yard setback and a parking space to be located in the exterior side yard setback at 641 East 5th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case Fife No. 2017-02 Z, dated 2/22/2017). 2. Before this Zone Variance 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 Zone Variance. 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 Zone Variance 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. 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 Section 18.12.040 of the Municipal Code, RI 4. Plans submitted for demolition or improvements mutt comely with the 2n16 edition of the California Building, Electrical, Fire, Plumbing, and Mechanical Codes. Engineering 5. A drainage plan shall be incorporated into the site plan. In particular, the plan shall show existing and proposed drainage flow at a minimum of 2% away from all structures and foundations for a distance of five feet, methods of collecting runoff and how it will be directed to the street gutters. 6. No runoff will be permitted to flow over the sidewalk or driveway apron. Adjacent properties shall be protected from surface run-off resulting from this development. 7. As a minimum, the parking pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base or 5 %-inch Portland Cement Concrete (PCC). 166 of 177 8. The proposed driveway shall be constructed in accordance with the San Diego Regional Standard Drawing (SDRSD) G-14 B. 9. The deteriorated portions of the existing sidewalk improvements along the property frontages shall be removed and replaced as marked out in the field. Sidewalk shall conform to SDRSD G-7, G-9, G-10, and G-11. 10. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 11. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way including driveway, sidewalk, and onsite parking area. The fee for the sidewalk permit is $297, the fee for the driveway permit is $297, and the fee for the onsite pavement section is $396. In the event that closing any portion of the street is required for construction a Traffic Control Plan (TCP) shall be submitted for review and approval. The fee for the review of the TCP is $496. 12. The drawing indicates that the proposed driveway is to be ten feet two inches wide, all proposed new driveways shall be a minimum twelve feet wide, if this is not possible the owner shall apply for a special driveway permit that allows for the installation of a smaller than standard driveway. A nonrefundable fee of $368 shall be submitted with the special driveway permit application. Fire 13. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA). Planning 14. The proposed addition shall match the architectural style of the existing residence 15. Any gates on the property providing access to the proposed parking area shall swing or slide within the property and shall not impede the public right-of-way at any time. 167 of 177 168 of 177 CALIFORNIA 4 NO.110NAL ,.. tiVCORPORATEA CITY OF NATIONAL CITY"- PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING ZONE VARIANCE TO ALLOW A RESIDENTIAL ADD T iON IN THE FRONT YARD SETBACK AND A PARKING SPACE IN THE EXTERIOR SIDE YARD SETBACK FOR A SINGLE-FAMILY HOME LOCATED AT 641 EAST 5111 STREET CASE FILE NO.: 2017-02 Z APN: 556-233-08 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, April 17, 2017, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Sarah Ascolese) The applicant is requesting to be able to construct an addition to the front of the property and to park in the exterior side yard, which would necessitate a driveway and curb cut to be installed. 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 on or before 12:00 p.m., Aril 17, 2017 by the Planning Department, who can be contacted at 619-336-4310 or planning@nationalcitvca.gov. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT ,-y BRAD RAULSTON Deputy City Manager 169 of 177 Item no. April 17, 2017 RESOLUTION NO. 2017-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA APPROVING A ZONE VARIANCE TO ALLOW A RESIDENTIAL ADDITION IN THE FRONT YARD SETBACK AND A PARKING SPACE IN THE EXTERIOR SIDE YARD SETBACK FOR A SINGLE-FAMILY HOME LOCATED AT 641 EAST 5TM' STREET CASE FILE NO. 2017-02 Z APN: 556-233-08 WHEREAS, the Planning Commission of the City of National City considered a Zone Variance to allow a residential addition in the front yard setback and a parking space in the exterior side yard setback for a single-family home located at 641 East 5 in Street at a duly advertised public hearing held on April 17, 2017, 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. 2017-02 Z 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 thetestimony and evidence presented to the Planning Commission at the public hearing held on April 17, 2017, support the following findings: 1. Because of special circumstances applicable to the property, including size, shape, or topography, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zone classification, because the property is Tess than half the minimum lot size required in the zone; which restricts the normal buildable area afforded standard-shdped lots, and given the location of the existing house, there is no room to locate an addition to the single-family residence and parking area — covered or otherwise — on the lot without encroaching into the required front yard and exterior side yard setback. 2. The requested Variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent ATTACHMENT 3 170 of 177 with the limitations upon other properties in the vicinity and zone in which such property is situated, because there are multiple properties in the same neighborhood in the same zone which meet the minimum lot size and encroach into the front yard setback, and because conditions ensure that appropriate permits will be submitted for construction of the driveway to meet City standards. 3. The Variance does not authorize a use or activitywhich is not otherwise expressly authorized by the zoning regulations governing the parcel of property, because a single-family home and parking spaces are allowed uses per the Land Use Code. BE IT FURTHER RESOLVED that the application for a Zone Variance is approved subject to the following conditions: General 1. This Zone Variance authorizes a residential addition to be located in the front yard setback and a parking space to be located in the exterior side yard setback at 641 East 5th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2017-02 Z, dated 2/22/2017). 2. Before this Zone Variance 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 Zone Variance. 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. i he applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Zone Variance 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 recorcoatiort. 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 Section 18.12.040 of the Municipai Code. Building 4. Plans submitted for demolition or improvements must comply with the 2016 edition of the California Building, Electrical, Fire, Plumbing, and Mechanical Codes. Engineering 5. A drainage plan shall be incorporated into the site plan. In particular, the plan shall show existing and proposed drainage flow at a minimum of 2% away from all 171 of 177 structures and foundations for a distance of five feet, methods of collecting runoff and how it will be directed to the street gutters. 6. No runoff will be permitted to flow over the sidewalk or driveway apron. Adjacent properties shall be protected from surface run-off resulting frorn this development. 7. As a minimum, the parking pavement sections shall be 2 inch A.C. over 4 inch Class I aggregate base or 5 %-inch Portland Cement Concrete (FCC). 8. The proposed driveway shall be constructed in accordance with the San Diego Regional Standard Drawing (SDRSD) G-14 B. 9. The deteriorated portions of the existing sidewalk improvements along the property frontages shall be removed and replaced as marked out in the field. Sidewalk shall conform to SDRSD G-7, G-9, G-10, and G-11. 10. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Comer Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 11. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way including driveway, sidewalk, and onsite parking area. The fee for the sidewalk permit is $297, the fee for the driveway permit is $297, and the fee for the onsite pavement section is $396. In the event that closing any portion of the street is required for construction a Traffic Control Plan (TCP) shaii be submitted for review and approval. The fee for the review of the TCP is $496. 12. The drawing indicates that the proposed driveway is to be ten feet two inches wide, all proposed new driveways shall be a minimum twelve feet wide, if this is not possible the owner shall apply for a special driveway permit that allows for the installation of a smaller than standard driveway. A nonrefundable fee of $368 shall be submitted with the special driveway permit application. Fire 13. Plans submitted for improvements must comply with the current editigns of the California Fire Code (CFC) and National Fire Protection Association (NFPA). Planning D 14. The proposed addition shall match the architectural style of the existing residence 15. Any gates on the property providing access to the proposed parking area shall swing or slide within the property and shall not impede the public right-of-way at any time. 172 of 177 BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of April 17, 2017, by the following vote: AYES: Garcia, Yamane, Baca, Senet, Flores, Quintero NAYS: ABSENT: Dela Paz ABSTAIN: 173 of 177 r gqryry((1I(�F��)EEgg TMEL)4R 25' REG. RY38 E'1 PROPERTY 11NE yy y' PROP 15RT6 • • ro s_ • \ — E%IST.H IDENCE 2O REQ. F IS PR AREAOF BEDRX ROOMI BATHROOMADLIRTON 315 sR R 9 FY36 M ff WiREMTR. ear.3T. STODW STEPS 1 1 th UPGRADE! RELOCATE { PNLJ MTR. I 16'-Y 3' 13.z• 77T � 5TH STREET T 1;XH1a1T A CASE F$l.E .: 2011-2. ZDATE 2_42_ Ton EXIST. PROPOSED SITE PLAN ATTACHMENT 4 174 of 177 1 /161 = 11.611 641 E. 5TH ST. NATIONAL CITY, CA. 91950 OWNER: OTJ22IT MARK DATE PROJECT NO: MODEL FILE: DRAWN 8Y: C -RVD SY: COPR(GHT SHEET TITLE SITE PLAN T1.0 r`.` r—• k .�Z LL''B---JI+ Y Y) I! DEMOLITION PLAN (E)MR, BOOM BATH 1/4" = 1'-0" IE)04ONOOM (El CLO. IEI ODOM 1E1 WMC AREA W eA / 12.-r z'J912/ 36'-21f1 II (g)EH)AY 11 it POOGIJ. th EXIST. FLOOR PLAN 1/4" = 641 R. STH ST. NATIONAL aTv CA. 91950 OWNER: CHRIS KENNEDY 11111014. MAW( O22Z'17 DATE VARIANCE SUBMITTAL i OESCWPTICH PROJECTNO. MODEL FIE: CFAWN9Y clam EY: COPYRIGHT SHEET TITLE EXISTING & DEMOLITION PLANS A-1.0 175 of 177 r MMT T RC 1-NIQ ROOF EV,a pA93 19' T �4i d T ROOF PFLTI COIL tlV.RIE RGCnnD, CLAM VT VAIFPoILL EXIST. PROPOSED ROOF PLAN IEJ NRa1EN IMT (E) DIMND /JFA an nue (El BEDROOM ROPAND AREA (N) SARNO 114' = R.II- it PORCH II 9M' se In• MAW � I \ EXIST. PROPOSED FLOOR PLAN 114" = 1 l40. 641 E. 5T11ST. NATIONAL C1TY, CA. 91956 OWNER: CHRIS KENNEDY 424247 VARIANCE SUBMITTAL MAIM DATE DESCRIPTION PROJECT NO MODEL PIE: DRANK! BM CORD BY. COPNOCJ1T SNEET 1TTLE EXISTING( PROPOSED PLANS A-2.O 176 of 177 Oe y-------- Y'A— G11 ONC. f 1 EXIST PROPOSED WEST ELEVATION GABLE VENT 1/4" = 1'-O" CCCAP. SWWILE CLASS W MR TO MATCH (B) F SU4 SNP, HARM TO WTOI (E) re 8.71.01...,NNISM ------ ______��_-. 11 IA l NNISH EXIST PROPOSED EAST ELEVATION 1/4" = 1'-0" COW SHINGLE CIAsa'A' WI. TO NwTCH S@ S UDCA FRAM To MATTE (Ei m EXIST PROPOSED NORTH ELEVATION 1/4" = 1'-0" COMP BHMTf.0 CLASS A'NTL. .. TOM\TCH t_`j � - I. a II tannra PINION •YYy CONC PIMP i STUCCO NNW EXIST PROPOSED SOUTH ELEVATION 1/4" = i'-0" 0 ooy aj O 641 E. 5TH sT. NATIONAL CITY, CA. 91950 OWNER: CHRIS KENNEDY EMI VARIANCE SUBMITTAL TE DESCRIPTION PROJECT NC, CD EL FAR: DRAWN SY: CENG eri COPYRIGHT SHEET TITLE EXISTING/ PROPOSED EXTERIOR ELEVATIONS A-4"O 177 of 177